in any civil action, over whom or whose accounts he could have any jurisdiction by law. See Laws of 1837, ch. 460; 1847, ch. 280, ch. 470; 1844, ch. 300; 1851, ch. 175; 1830, ch. 320, § 36. Post, vol. 4, pp. 486, 556, 582, 694. TITLE II. OF THE COURTS OF SPECIAL SESSIONS OF THE PEACE. SEC. 1. By whom such courts may be held in New-York. 2. Sheriffs to execute judgments, &c.; how authenticated. 3. By whom such courts may be held in other counties. TITLE 3. be held in 51. Courts of special sessions of the peace may be held in By whom to and for the city and county of New-York, by any three New-York. judges of the court of common pleas of the said city and county, of whom the first judge of said court, the mayor or recorder of said city, shall always be one, in the cases and for the purposes provided by law. 2 R. L., 504, § 13; 354, § 41; 508, § 8. [224] &c, how § 2. The judgments and orders of the said court, shall be executed by the sheriff of the said city and county, by virtue Judgments, of a warrant under the hand and seal of the first judge, mayor executed. or recorder, who presided; or of the persons who formed such court. 2 R. L., 504, § 14. held in ties. § 3. Courts of special sessions of the peace for the several By whom counties of this state, other than the city and county of New- other counYork, may be held in and for any county, by three justices of the peace of the same county, or by two such justices and one judge of the county courts of such county, in the cases, and for the purposes, provided by law. 2 R. L., 507, § 4. See Laws of 1845, ch. 180; 1850, ch. 205; 1851, ch. 441 481 1858, ch. 282; 1849, ch. 150, ch. 134, ch. 125; 1844, ch. 319. TITLE III. OF SPECIAL JUSTICES' COURTS IN THE SEVERAL CITIES OF SEC. 1. Marine court in New-York. 2. Assistant justices' courts in New-York. 3. Justices' court in Albany. 4. Justices' court in Hudson. 5. Powers, jurisdiction and mode of proceeding of such courts. court in $1. The justices of the marine court of the city of New- Marine York, are authorised and required to hold a court in the said New-York. city, to be known by the name of "The Marine Court of the city of New-York." 2 R. L., 381, § 106; Laws of 1819, 74; see Laws of 1858, ch. 334; 1857, $ 2. Each of the assistant justices of the city of New-York Assistant justices' courts in TITLE 4. is authorised and required to hold a court within the ward or New-York. wards for which he may be appointed. 2 R. L., 370, § 85; Laws of 1820, 3, § 1; 1825, 286, § 3; 1827, 157, § 4; see Laws of 1858, ch. 334; 1857, ch. 344, ch. 793; 1852, ch. 324. Code, Tit. 7, ch. II. S3. The justices of the justices' court of the city of Albany, are authorised and required to hold a court in the said city, to be known by the name of "The Justices' Court of the city of Albany." Laws of 1821, 36; see Laws of 1856, ch. 186; 1855, ch. 196; 1851, ch. 86; 1848, ch. 70; 1845, ch. 16, ch. 207; 1844, ch. 347; 1841, ch. 156; 1821, ch. 47. $4. The justices of the justices' court of the city of Hudson, are authorised and required to hold a court in the said city, to be known by the name of "The Justices' Court of the city of Hudson." Laws of 1822, 226; see Laws of 1854, ch. 179; 1849, ch. 53; 1845, ch. 207; 1823, ch. 135; 1822, ch. 218. $5. The several courts enumerated in this Title, shall respectively possess the jurisdiction and powers, be held at the times and places, and proceed in the manner, specially provided by law. See Code of Procedure, Tit. 7, Part I, ch. 3, ch. 4. ART. 1. TITLE IV. OF COURTS HELD BY JUSTICES OF THE PEACE. Of the jurisdiction of the justices' courts. ART. 2. Of the commencement of suits, and the service and return of proces ART. 3. Of the appearance of parties. Of pleadings and of set-offs. Of compelling the attendance of witnesses. ART. 7. Of adjournments. Of the trial of issues of fact, and the incidents thereto. ART. 8. Of judgments, and filing transcripts thereof. ART. 9. ART. 10 & 11. ART. 12. ART. 13. (Repealed.) Of the fees of officers, and of witnesses and jurors, for services under this Title. General provisions concerning justices' courts, and proceedings therein. ARTICLE FIRST. OF THE JURISDICTION OF JUSTICES' Courts. SEC. 1. General powers of justices. 2, 3 & 4. (Repealed.) 53. Jurisdiction of justices courts. 54. Certain causes of action excluded. 55 to 62. When title to land is in question. 63. Docketing justices' judgments. 64. Rules for Justice's Courts. 65. Actions against officers and executors. 66. Justice becoming an innholder. SBC. 7. Being a member of legislature or judge. ART 1. hold courts 8 & 9. Within what towns actions to be brought. 10. Aldermen in Albany may try certain actions. § 1. Every justice of the peace elected in any town of this Justices to state, or appointed for any city in which special courts are not established by law, is hereby authorised to hold a court for the trial of all actions in the next section enumerated, and to hear, try and determine the same, according to law and equity; and for that purpose, where no special provision is otherwise General made by law, such court shall be vested with all the necessary powers which are possessed by courts of record in this state. Laws of 1824, 279, § 1; 11 N. Y., 233; 26 B., 592; 22 B., 139; 21 B., By § 52 of the Code of Procedure Sections 2, 3 & 4 of this article "and Now as there are no "Sections 59 to 66" in this article it can only be powers. certain sec S52. The provisions contained in sections two, three, and Repeal of four, of the article of the Revised Statutes entitled, "Of the tions. jurisdiction of justices' courts," as amended by sections one and two of the act concerning justices' courts, passed May 14, 1840, and the provisions contained in sections 59 to 66 of the same Article, both inclusive, are repealed, and the provisions of this title substituted in place thereof. But this repeal shall not affect any action heretofore commenced in a court of a justice of the peace. tion. $53. Justices of the peace shall have civil jurisdiction in Juriediothe following actions, and no others, excepting as in the second section it is provided: 1. In actions arising on contracts for the recovery of money only, if the sum claimed does not exceed two hundred dollars: 2. An action for damages for injury to rights pertaining to the person, or to the personal or real property, if the damages claimed do not exceed two hundred dollars: 3. An action for a penalty not exceeding two hundred dollars: 4. An action commenced by attachment of property, as now provided by statute, if the debt or damages claimed do not exceed two hundred dollars: 5. An action upon bond conditioned for the payment of money, not exceeding two hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due. Where the payments are to be made by instalments, an action may be brought for each instalment as it becomes due: 6. An action upon a surety bond taken by them; though the penalty or amount claimed exceed two hundred dollars: TITLE 4. 7. An action upon a judgment rendered in a court of justice of the peace, or by a justice or other inferior court in the city where such action is not prohibited by section 71: 8. To take and enter judgment on the confession of a defendant, where the amount confessed shall not exceed five hundred dollars, in the manner prescribed by article 8, title 4, chapter 2, of part 3, of the revised statutes: 9. An action for damages for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed two hundred dollars: 10. An action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent or attorney, shall not exceed the sum of one hundred dollars. The plaintiff in such action, at the time of issuing the summons, but not afterward, may claim the immediate delivery of such property as hereinafter provided. Before any process shall be issued in an action to recover the possession of personal property, the plaintiff, his agent, or attorney, shall make proof by affidavit, showing, 1. That the plaintiff is the owner, or entitled to immediate possession, of the property claimed, particularly describing the same: 2. That such property is wrongfully withheld or detained by the defendant: 3. The cause of such detention or withholding thereof, according to the best knowledge, information, and belief of the person making the affidavit: 4. That said personal property has not been taken for any tax, fine, or assessment, pursuant to statute, or seized by virtue of an execution or attachment against the property of said plaintiff; or if so seized, that it is exempt from such seizure by statute: 5. The actual value of said personal property. On receipt of such affidavit, and an undertaking, in writing, executed by one or more sufficient sureties, to be approved by the justice of the peace before whom such action is commenced, to the effect that they are bound in double the value of such property as stated in said affidavit, for the prosecution of said action, and for the return of said property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may for any cause be recovered against said plaintiff, the justice shall endorse upon said affidavit a direction to any constable of the county in which said justice shall reside, requiring said constable to take the property described therein from the defendant, and keep the same, to be disposed of according to law, and the said justice shall at the same time issue a summons directed to the defendant, and requiring him to appear before said justice at a time and place to be therein specified, and not more than twelve days from the date thereof, to answer the complaint of said plaintiff'; and the said summons shall contain a notice to the defendant that in case he shall fail to appear at the time and place therein mentioned, the plaintiff will have judgment for the possession of the property described in said affidavit, with the costs and disbursements of said action. The constable to whom said affidavit, endorsement, and summons shall be delivered, shall forthwith take the property described in said affidavit, if he can find the same, and shall keep the same in his custody. He shall thereupon, without delay, serve upon said defendant a copy of such affidavit, notice, and summons, by delivering the same to him personally, if he can be found in said county; if not found, to the agent of the defendant in whose possession said property shall be found; if neither can be found, by leaving such copies at the last or usual place of abode of the defendant, with some person of suitable age and discretion. And shall forthwith make a return of his proceedings thereon, and the manner of serving the same, to the justice who issued the said summons. The defendant may at any time after such service, and at least two days before the return-day of said summons, serve upon plaintiff, or upon the constable who made such service, a notice in writing that he excepts to the sureties in said bond or undertaking; and if he fail to do so, all objection thereto shall be waived. If such notice be served, the sureties shall justify, or the plaintiff give new sureties on the return-day of said summons, who shall then appear and justify, or said justice shall order said property delivered to defendant, and shall also render judgment for defendant's costs and disburse ments. At any time before the return-day of said summons, the said defendant may, if he has not excepted to plaintiff's sureties, require the return of said property to him, upon giving to the plaintiff, and filing same with the justice, a written undertaking, with one or more sureties, who shall justify before said justice on the return-day of said summons, to the effect that they are bound in double the value of said property, as stated in plaintiff's affidavit, for the delivery thereof to said plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against said defendant; and if such return be not required before the return-day of said summons, the property shall be delivered to said plaintiff. The qualification of sureties, and their justification under this act, shall be the same as provided in sections one hundred and ninety-four and one hundred and ninety-five of the Code in respect to bail on arrest in the supreme court. Sections two hundred and fourteen, two hundred and fifteen, and two hundred and sixteen, of the Code, shall apply to proceedings and actions brought under this act, substituting the word constable for the word sheriff whenever it occurs in either of said sections. ART. 1 |