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CHAP. XI, SEG 47. Certain civil suits may be transferred from the Supreme to the Superior court.

48. Jurisdiction of the Superior court in such cases. 49. (Repealed.) 50. Appeal to the Court of Appeals. 51. Section 28 applied to Superior court. $ 33. The jurisdiction of the superior court of the city of Thelr jurisNew York, of the court of common pleas for the city and county of New York, of the mayors' courts of cities, and of the recorders' courts of cities, shall extend to the following actions:

1. To the actions enumerated in section one hundred and twenty-three and one hundred and twenty-four, when the cause of action shall have arisen, or the subject of the action shall be situated, within those cities respectively;

2. To all other actions where all the defendants reside, or are personally served with the summons within those cities respectively, or where one or more of several defendants, jointly liable on contract, reside or are personally served with the summons, within those cities respectively, except in the case of mayors' and recorders' courts of cities, which courts shall only have jurisdiction where all the defendants reside within the cities in which such courts are respectively situated. The supreme court may remove into that court any action brought under this subdivision and pending in the superior court, or court of common pleas for the city and county of New York, and may change the place of trial therein, as if such action had been commenced in the supreme court; such order for removal and for change of place of trial to be made in the supreme court upon motion, and on filing a certified copy of such order in the office of the clerk of the superior court, or of the court of common pleas, such cause shall be deemed to be removed into the supreme court, which shall proceed therein as if the same had originally been commenced there; and the clerk with whom such order is filed, must forthwith deliver to the clerk of the county in which, by such order, the trial is ordered to be had, to be filed in his office, all process, pleadings and proceedings relating to such cause. And any action or proceeding pending in any mayor's or recorder's court, in which the judge is for any cause incapable of acting, may by such court be transferred to the county court of the county, and thereupon the papers therein on file in the mayor's or recorder's court shall be transmitted to the county court, which shall thenceforth have jurisdiction of such action or proceeding.

3. To actions against corporations, created under the laws of this state, and transacting their general business, or keeping an office for the transaction of business, within those cities, respectively, or established by law therein, or created by or under the laws of any other state, government or country, for the recovery of any debt or damages, whether liquidated or not, arising upon contract made, executed, or

PART III.

Court in

court and common

where

delivered within the state, or upon any cause of action
arising therein.

As amended by Laws of 1852, ch. 392.
9 N. Y., 267; 26 B., 223; 6 B., 174; 13 How. P. R., 255; 9 How. P. R.

512; 11 Ab., 404; 4 Ab., 44, 55; 1 Ab., 137. $ 34. The court of common pleas for the city and county New York of New York shall also have power to review the judgments judgments of the marine court of the city of New York, and of the jusand justi. tices' courts in that city. ces' courts.

5 Ab., 211; 3 Ab., 58. Terms of

$ 35. The superior court of the city of New York, and the superior court of common pleas, for the city and county of New York,

shall, within twenty days, appoint general and special terms pleas in New York. of those courts respectively, and prescribe the duration there

of; and they may, from time to time, respectively, alter such appointments; and hereafter no fee shall be paid for any service of a judge of either of those courts.

5 N. Y., 533. By whom $ 36. A general term shall be held by at least two of the held.

judges of those courts respectively, and a special term by a single judge.

5 N. Y., 533. Judgments,

$ 37. Judgments upon appeal shall be given at the general

term; all others, at the special term. given

5 N. Y., 533; 2 Ab., 116.

$ 38. The concurrence of two judges shall be necessary to two judges pronounce a judgment at the general term. If two do not Decessary. concur, the appeal shall be reheard.

5 N. Y., 533. Criers, how

$ 39. A crier shall be appointed by the superior court of appointed. the city of New York, and by the court of common pleas for

the city and county of New York respectively, to hold his Salaries, office during the pleasure of the court. He shall receive a how fixed.

salary to be fixed by the supervisors of the city and county

of New York, and paid out of the county treasury. Saperior

$ 40. The superior court of the city of New York shall from court, of whom to

the first day of May, one thousand eight hundred and fortyconsist. nine, consist of six justices. Three justi. $ 41. Three justices of such superior court, in addition to fior Courpe. the justices now holding office, shall be elected by the elec

tors of the city and county of New York, at the annual charter election to be held in that city on the second Tuesday

of April, one thousand eight hundred and forty-nine. How yoted $ 42. Such justices shall be voted for together on one bal

lot, which shall be distinct from any other ballot at the same election, and deposited in a separate box, marked “superior court.” The votes shall be canvassed and certified in the same manner as votes for the recorder of the city of New York, and a certificate thereof shall be filed with the secretary of state.

Concurrence

to be elect

ed.

for.

$ 43. The justices so elected shall, immediately after the CHAP, XI votes are canvassed, be classified by lot, to be publicly drawn vified. by the register and clerk of the city and county of New York, in the presence of the mayor or recorder of the city of New York, and the certificate of such drawing and classification shall be signed by such register and clerk and by the attending mayor or recorder, and filed in the offices of the register and clerk. The classes shall be numbered first, second and third, according to the term of service of each ; the first class being that which has the shortest time to serve. The term of offices of each of such justices shall commence on the first day of May, one thousand eight hundred and forty-nine, and the term of the justice of the first class shall' expire on the thirty-first day of December, one thousand eight hundred and fifty-one; of the justice of the second class, on the thirty-first day of December, one thousand eight hundred and fifty-three; and of the justice of the third class, on the thirty-first day of December, one thousand eight hundred and fifty-five.

$44. After the expiration of the terms of office under such Expiration classification, the term of office of all the justices of the supe- and vacanrior court of the city of New York shall be six years; and any alled." vacancy occurring in the offices created by this title, shall be filled in the manner prescribed for filling vacancies in the offices of the present justices.

S 45. The justices elected pursuant to this title, subject to Powers of the provisions contained in section forty-nine, shall have the incir sala. same powers, and perform the same duties, in all respects, as the present justices of such superior court, and shall receive the same salaries, payable in like manner.

10 B., 153. $ 46. A general term of the superior court may be held by Terms of any two of the six justices thereof, and a special term by any court, and one of them; and a general and special terms, one or more held. of them, may be held at the same time.

47. All civil suits at issue at the time of the passage of certain this act, that from and after the first of May, 1849, shall be may be placed upon the calendar of the supreme court at any general from suor special term thereof, to be held in the city of New York, preme court and which shall be in readiness for hearing on questions of rior couri. law only, or are equity cases, may by an order of that court or of the judge holding such special term be transferred to the said superior court of the city of New York, and to be heard at the general terms thereof.

As amended by Laws of 1851, ch. 2.

4 N. Y., 600; 9 How. P. R., 304; 11 Ab., 247. S 48. The said superior court shall have jurisdiction of every Jurisdicsuit so transferred to it, and may exercise the same powers in superior respect to every such suit, and any proceedings therein, as such cases. the supreme court might have exercised, if the suit had remained in that court.

ries,

PART III,

Appeal to court of appeals.

[The 49th section was repealed by Laws of 1851, ch. 2.]

S 50. Appeals from the judgments of the superior court in such suits, may be taken to the court of appeal, in the same manner as from the judgments of the superior court in action originally commenced therein.

S 51. The provisions of section twenty-eight of this act, shall apply to the said superior court.

23 B. 352; 13 How. P. R., 314; 4 Ab., 24.

Section 28 applied to superior court.

TITLE VI.

OF THE COURTS OF JUSTICES OF THE PEACE.

SEC. 52. Repeal of certain existing provisions.

53. Jurisdiction of these courts.
54. Jurisdiction in civil actions limited.
55. Answer of title to land.
56. Undertaking therein.
57. Suit before justice to be discontinued. Costs.
58. Proceedings if undertaking not given.
59. The same.
60. New action in supreme court; pleadings therein.
61. Costs of action in supreme court.
62. Proceedings where several causes of action, and answer of title as to one.
63. Docketing justices' judgments, and effect thereof.
64. Rules in justices' courts :

1. The pleadings.
2. Pleadings, how put in.
3. Complaint.
4. Answ
5. Pleadings, what to contain.
6. Demurrer.
7. Proceedings in demurrer.
8. Plaintiff to prove his case, if defendant do not appear.
9. Proceedings in action on account or instrument for the payment of

money only.
10. Variance, when disregarded.
11. Amending pleadings.
12. Execution, when issuable and returnable.
13. Execution on justice's judgments docketed.
14. Requiring party to exhibit his account.

15. Certain provisions applicable to those courts. Repeal of $ 52. The provisions contained in sections two, three and certain er isting profour, of the article of the Revised Statutes, entitled “Of the visions. 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. Jurisdic $ 53. Justices of the peace shall have civil jurisdiction in tion of those the following actions, and no others; excepting as in the courts. 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 personal or real property if the damages claimed do not exceed two hundred dollars;

CHAP. XI, 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 installments, an action may be brought for each installment as it becomes due;

6. An action upon a surety bond taken by them, though the penalty or amount claimed exceed two hundred dollars ;

7. An action upon a judgment rendered in a court of justice of the peace, or by a justice, or other inferior court in a city where such action is not prohibited by section seventy-one;

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 eight, title four, chapter two, of part three 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.

Amended by Laws of 1851, ch. 479; 1860, ch. 131; 1861, ch. 158; 1862,

ch. 460.
23 B., 316; 22 B., 96; 21 B., 550; 17 B., 426; 14 B., 252; 15 How. P.

R., 281; 14 How. P. R., 327; 10 Ab., 431, 432; 1 Hilt., 303.
S 54. But no justice of the peace shall have cognizance of a Jurisdic-

tion in civil civil action,

limited. 1. In which the people of this state are a party, excepting for penalties not exceeding one hundred dollars;

2. Nor where the title to real property shall come in question, as provided by sections 55 to 62, both inclusive;

3. Nor of a civil action for an assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation, or seduction ;

4. Nor of a matter of account, where the sum total of the accounts of both parties, proved to the satisfaction of the justice, shall exceed four hundred dollars;

5. Nor of an action against an executor or administrator, as such.

22 B., 95; 16. How. P. R., 479; 15 How. P. R., 281; 10 Ab., 431, 432;

3 Ab., 101, 367; 1 Hilt., 303. S 55. In every action brought in a court of justice of the Answer of peace where the title to real property shall come in question, land. the defendant may, either with or without other matter of defence, set forth in his answer, any matter showing that such

actions

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