cases at law or equity where the amount claimed, exclusive of interest, did not exceed two hundred dollars. They are now deprived of all equity jurisdiction. The following decisions referred to, in connection with the law now in force defining the jurisdiction of justices, were rendered in cases arising under the old law when the jurisdiction was limited to two hundred dollars.

Amount in Controversy.

SEC. 2. A justice's court does not necessarily exceed its jurisdiction by rendering a judgment for more than three hundred dollars. The judgment may exceed the amount in controversy, upon which alone the jurisdiction depends. 22 Cal. 169.

SEC. 3. A judgment rendered by a justice of the peace for two hundred and nine dollars and seventeen cents, with interest at three per cent. per month, is beyond his jurisdiction. The judgment was, therefore, properly reversed by the county court, but it should have dismissed the case. The reversal of the county court was affirmed, and the cause dismissed from the consideration of the justice. 5 Cal. 331.

SEC. 4. The jurisdiction of justices being entirely statutory, as we have already seen, it differs, of course, in the different states, both as to the amount and as to the nature and character of the actions. The following decisions, as to the amount of their jurisdiction in other states, may be found useful. It will readily appear, from the references to the reports, in what states the decisions were rendered.

SEC. 5. If the first count show a case within the jurisdiction, the others may be regarded as only different modes of declaring for the same cause of action. 6 Vt. 91.

SEC. 6. Where the plaintiff declares for an indebtedness of one hundred dollars in each of several counts, but in his specification shows a balance of charges and credits of a less sum, a justice has jurisdiction. The amount of the original. debt, if reduced by payments, does not affect the jurisdiction. 6 Vt. 573.

So, where there are several counts in a declaration which may be for the same subject matter, the aggregate of all of

which exceeds one hundred dollars, yet if the ad damnum is but one hundred dollars, he has jurisdiction. 10 Vt. 509.

But the ad damnum in a writ is taken as a test of apparent jurisdiction, only in cases where the declaration does. not otherwise limit the extent of the plaintiff's claim; the excess of the ad damnum, beyond the amount within the limit of the jurisdiction, will be treated as unmeaning for any purpose of affecting jurisdiction, if the amount of the judgment sued upon and described in the declaration be within such limit. 22 Vt. (7 Washb.) 591.

The amount stated in the ad damnum being mere matter of form, does not determine whether the justice has jurisdiction or not; that is shown by the amount recovered. 3 Ala. 24.

SEC. 7. Where the declaration contained three counts, each claiming fifty dollars, and had no conclusion limiting the amount claimed, it was held that the suit should be dismissed for want of jurisdiction. 5 Blackf. 97.

SEC. 8. A justice has not jurisdiction of an action if the amount of the several sums, claimed by several counts, exceed the sum of which he has jurisdiction. 5 Blackf. 357.

He cannot take jurisdiction of an action when the plaintiff, in his declaration, demands more than the sum over which the law gives the justice jurisdiction; and it is error for him, after dismissing an action for want of jurisdiction, to issue execution for costs. 1 Chand. (Wis.) 69.

SEC. 9. Where the jurisdiction was limited to fifty dollars, each count of the declaration had its own conclusion, and in each damages were laid at fifty dollars. It was held, that the plaintiff demanded one hundred dollars damages, and that the suit must be dismissed for want of jurisdiction. 4 Ind. 49.

If the plaintiff state his demand at an amount above the sum within the jurisdiction, but claims damages in such sum, the justice has jurisdiction. 9 Johns. (N. Y.) 366.

SEC. 10. If the defendant file an account in set-off, whereby he claims a balance of more than the amount for which the justice has jurisdiction, his account is to be rejected. 1 Carter (Ind.) 389.

A justice has jurisdiction of a set-off exceeding one hundred dollars, where the balance claimed by the defendant does not exceed that sum. And it seems that if the balance exceeds that sum, the justice must either allow so much of the note as will set off the plaintiff's claim and give judgment for the defendant for costs, or dismiss the suit altogether. 3 Scam. (Ill.) 298.

SEC. 11. The division of a note of upwards of one hundred dollars, into several notes of less amount, by the act of the parties, so that judgments may be taken on them before a justice, is not either in fraud or evasion of the statute prescribing his jurisdiction. 2 Ired. 63.

In suits under the statutes which authorized him to take jurisdiction, where the amount claimed by any one creditor does not exceed one hundred dollars, it was held that the same creditor might file three separate claims, each amounting to one hundred dollars, with a separate affidavit and bond, and each claim would constitute a single, independent suit, and that the plaintiff would be as to each claim, a separate creditor. 5 Ind. (Porter) 439.

Where two distinct suits are brought before the same justice, on the same day, upon two demands which might be consolidated into one suit, and which, when thus consolidated, would not exceed one hundred dollars, and one suit is dismissed and judgment is rendered on the other, the proceedings are regular. 1 Scam. 152.

SEC. 12. A debtor and a creditor may lawfully change one large debt due by note not within the jurisdiction, to several smaller ones within that jurisdiction. 5 Yerg. 297.

One suit may be brought on several notes where neither of the notes is for a greater sum than one hundred dollars, though the aggregate sum of all the notes may exceed that amount. 4 Eng. 463.

A justice may have jurisdiction of a suit. though the plaintiff's account exceed one hundred dollars, if it be reduced by credits below that sum, and the balance only be demanded. 3 Blackf. 460.

SEC. 13. Though a note filed as a cause of action be, on its face, for a sum beyond a justice's jurisdiction, yet, if the amount actually demanded and recovered be written on it,

the presumption is that the note had been so reduced by credits as to authorize him under the statute to take cognizance of the cause. 6 Blackf. 64.

SEC. 14. In actions of indebitatus assumpsit and debt upon executed contracts, the plaintiff may relinquish a part of his claim, with a view to give jurisdiction, and recover judgment for the balance. The judgment recovered is a bar to a suit for the part relinquished, if pleaded. 4 Humph. 108.

SEC. 15. In an action on an open account, which is all due at the time the suit is brought, amounting to more than fifty dollars, the plaintiff may remit or leave out a sum to reduce the amount to the jurisdiction; but the balance remitted or left out could never be collected.

(Wis.) 254.

1 Chand.

SEC. 16. A creditor may relinquish a part of his claim so as to bring it within the jurisdiction. 2 Stew. 487.

Credits given to bring a case within the jurisdiction, must be specifically stated. 1 Penn. 206.

Any party has a right to waive a recovery for damages without regard to the purposes which may influence him. And it often happens in courts of record, even after verdict and judgment, that a party is compelled to enter a remittitur of damages in order to conform his recovery to his actual rights; and it is a privilege which is certainly never denied, whether the question is one of jurisdiction or otherwise. 6 Cal. 414.

SEC. 17. Where it appears from the account of the plaintiff that he claims less than one hundred dollars, the justice is not ousted of his jurisdiction, though a witness should prove that the plaintiff was entitled to more than one hundred dollars. The plaintiff's own claim must determine the jurisdiction. Breese, 263.

SEC. 18. A justice has not jurisdiction of a garnishment where the interrogatories show an indebtedness of the garnishee to the principal defendant, in a sum exceeding one hundred dollars. 5 Pike, 214.

SEC. 19. Where an account in set-off exceeds the plaintiff's claim by an amount exceeding the jurisdiction, it should be rejected. 1 Smith, 208.

SEC. 20. A defendant need not appear to a summons of a justice, laying damages at one hundred dollars, as he has no jurisdiction. 6 Hill, 631.

Objection to the jurisdiction on the ground of excess in the value of the subject of controversy, is properly made by the answer, and that should be first determined before the justice proceeds to hear the merits of the case. 6 Cal. 449. SEC. 21. A defendant should be allowed to prove an allegation in his answer that the thing in controversy exceeds in value the constitutional limit of a justice's jurisdiction. 7 Cal. 105.

Nature of Actions of which Justices have Jurisdiction.

SEC. 22. These courts shall have jurisdiction within their respective townships or cities, of the following actions and proceedings:

1st. Of an action arising on contract, for the recovery of money only, if the sum claimed, exclusive of interest, is less than three hundred dollars.

2d. Of an action for damages for injury to the person, or for taking or detaining personal property, or for injury to real or personal property, if the damages claimed are less than three hundred dollars.

3d. Of an action for a fine, penalty or forfeiture, in a sum less than three hundred dollars, given by statute or the ordinance of an incorporated city or town.

4th. Of an action on a bond or undertaking conditioned for the payment of money, in a sum less than three hundred dollars, though the penalty exceed three hundred dollars; the judgment to be given for the sum actually due. When the payments are to be made by installment, an action may be brought for each installment as it becomes due.

5th. Of an action for the foreclosure of any mortgage, or the enforcement of any lien on personal property, when the debt secured is less than three hundred dollars, exclusive of interest.

6th. Of an action to recover possession of personal property, when the value of such property is less than three hundred dollars.

7th. To take and enter judgment on the confession of a