TITLE 4. Stenogra § 313. The judges of the court, or a majority of them, from time to time must appoint, and may at pleasure remove, one or two stenog- phers. raphers, as they deem it necessary for the business of the court. Each stenographer so appointed is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each term of the court, where issues of fact in civil or criminal causes are triable. If two stenographers are appointed, the judges of the court must assign to each his share of the business. A stenographer may, with the assent of the judges of the court, or a majority of them, appoint an assistant-stenographer, to aid him in the discharge of his duties, whose compensation is payable by the stenographer, and is not a county charge. TITLE IV. The marine court of the city of New-York. SECTION 314. Marine court a court of record. 315. Jurisdiction.. 316. The last section limited. 317. Jurisdiction in marine causes. 318. No power to naturalize aliens. 319. Removal of action to supreme court from marine court. 321. How supended from office. 322. Chief-justice; how designated; his general duties, etc. 323. Justices may make rules. 324. Court when open; justices to designate terms; routine of business at the terms, etc. 325. Terms, where held; publication of appointments. 326. Justices may take oaths, acknowledgments, etc. 327. Orders, etc., how made. 328. Clerk, deputy-clerk and assistants. 329. General duties of deputy-clerk. 330. Special deputy-clerks. 331. Clerk to account monthly for fees, and pay over the same. 332. Stenographers. 333. Interpreter. 334. Id.; penalty for misconduct. 335. Court may appoint attendants, etc. 336. Interpreter and attendants not to receive fees. 337. Suspension of an officer of the court. 338. What mandates may be executed without the city. § 314. The marine court of the city of New-York is a court of record, Marine to and for every intent and purpose. court a court of Jurisdic § 315. The jurisdiction of the court extends to the following cases: record. 1. An action against a natural person, or against a foreign or domes- tion. tic corporation, wherein the complaint demands judgment for a sum of money only, or to recover one or more chattels, with or without damages for the taking or detention thereof. 2. An action to foreclose or enforce a lien upon real property in the city of New-York, created, as prescribed by statute, in favor of a person, who has performed labor upon, or furnished materials to be used in the construction, alteration, or repair of a building, vault, wharf, TITLE 4. The last section lim. ited. Jurisdic tion in ma fence, or other structure; or who has graded, filled in, or otherwise improved, a lot of land, or the sidewalk or street in front of or adjoining a lot of land. 3. An action to foreclose or enforce a lien, for a sum not exceeding two thousand dollars, exclusive of interest, upon one or more chattels. 4. The taking and entry of a judgment, upon the confession of one or more defendants, where the sum, for which judgment is confessed, does not exceed two thousand dollars, exclusive of interest from the time of making the statement, upon which the judgment is entered. § 316. The jurisdiction conferred by the last section is subject to the following limitations and regulations: 1. In an action wherein the complaint demands judgment for a sum of money only, the sum, for which judgment is rendered in favor of the plaintiff, cannot exceed two thousand dollars, exclusive of interest, and costs as taxed; except where it is brought upon a bond or undertaking, given in an action or special proceeding in the same court, or before a justice thereof; or to recover damages for a breach of promise of marriage; or where it is a marine cause, as that expression is defined in the next section. Where the action is brought upon a bond or other contract, the judgment must be for the sum actually due, without regard to a penalty therein contained; and, where the money is payable in instalments, successive actions may be brought for the instalments, as they become due. 2. In an action to recover one or more chattels, a judgment cannot be rendered in favor of the plaintiff, for a chattel or chattels, the aggregate value of which exceeds two thousand dollars. 3. The court has not jurisdiction of an action against an executor or administrator, in his representative capacity. § 317. The following actions are styled in this act, marine causes, rine causes. and the court possesses the same jurisdiction of such an action, as the supreme court of the State: 1. An action in favor of a person, belonging to a vessel in the merchant service, against the owner, master, or commander thereof, for the reasonable value of services, or for the breach of a contract to pay for services, rendered or to be rendered on board of the vessel, during a voyage, wholly or partly performed, or intended to be performed by it. 2. An action in favor of or against a person, belonging to or on board of a vessel in the merchant service, to recover damages for an assault, battery, or false imprisonment, committed on board the vessel, upon the high seas, or in a place without the United States. But this section does not confer upon the marine court authority to proceed, as a court of admiralty or maritime jurisdiction. § 318. The court has not, nor has either of the justices thereof, power ize aliens. to naturalize an alien. No power to natural Removal of action to supreme marine court. § 319. The supreme court, at a term held in the first judicial district, may, by an order made at any time after joinder of an issue of fact, court from and before the trial thereof, remove to itself an action brought in the marine court, for the purpose of changing the place of trial thereof. Where an order for removal is made, as prescribed in this section, the place of trial must be changed by the same order to another county, and the subsequent proceedings therein must be the same as if the action had been originally brought in the supreme court. The provisions of sections three hundred and forty-four, three hundred and fortyfive and three bundred and forty-six of this act, apply to an application to remove such an action, and to the proceedings upon and subsequent to the removal, as if the marine court was specified in those sections in place of the county court, and a justice thereof in place of the county judge. TITLE 4. their general duties. § 320. The court consists of six justices, one of whom is the chief- Justices; justice of the court. Each justice must perform his share of the labors and duties appertaining to the office. One of the justices must attend at the chambers of the court, from ten o'clock in the morning until four o'clock in the afternoon of each day, except Sunday, a legal holiday, or a day upon which the inhabitants of the city of New York generally refrain from business. Each justice, while in the rooms of the court, and not actually engaged in the performance of other official duties, must act upon any application for his official action, properly made to him. The justice, assigned to a trial term or a special term, must remain in attendance, until the day calendar is disposed of, or for such other time as is reasonable. pended § 321. Where it appears presumptively, to the satisfaction of the How susGovernor, that a justice of the court has been guilty of corruption, or from office. other gross misconduct in office; or habitually neglects to perform his share of the labors and duties appertaining to the office; or is incapable of properly discharging the same; the Governor may, in his discretion, make an order, suspending that justice from the exercise of the duties of his office, and directing that his compensation cease. Such an order must recite the grounds upon which it is made; and it remains in force, unless it is sooner revoked by the Governor, until the final adjournment of the next session of the Legislature; or, if the Legislature is then in session, until the final adjournment of that session. § 322. The justices of the court, or a majority of them, must, from Chief justime to time, as a vacancy occurs in the office of chief-justice, designate desig." tice; how one of their number to be chief-justice. A certificate of the designa- nated; his tion, under the hands of the justices making the same, must be filed ties, etc. general duin the office of the clerk of the court. The person so designated shall be chief-justice during his term of office. The chief-justice has the like authority, within the jurisdiction of the court, as a presiding justice of the supreme court; and when he is present and is not disqualified, he must preside at a general term. § 323. The justices of the court, or a majority of them, may, from Justices time to time, establish rules of practice for the court, not inconsistent may make with this act, or with the general rules of practice, established as prescribed in section seventeen of this act. The latter govern the practice in the court, as far as they are applicable thereto. to des terms, etc. § 324. The court is always open for the transaction of any business, Court when for which notice is not required to be given to an adverse party. The penis. justices of the court, or a majority of them, from time to time must ignate terms; rouappoint, and may alter, the times of holding general, special, and trial tine of busiterms of the court. They must prescribe the duration of the terms; ness at the designate the trial terms at which jurors are required to attend; and assign the justice or justices to preside and attend, at each of the terms so appointed. In case of the inability of a justice to preside or attend, another justice may preside or attend in his place. Each trial and special term must be held by one justice; and each general term by at least two justices. Two or more general, special, or trial terms may be appointed to be held at the same time. The concurrence of two justices is necessary to pronounce a decision at a general term. If two do not concur, a re-argument must be ordered. The justices holding a general term may order a re-argument, before themselves, or at a sub TITLE 4. Terms, where appoint ments. sequent general term, of a cause heard by them, at a previous general term. § 325. Each term so appointed must be held at the city-hall in the held; pub. city of New-York, except that auxiliary or additional parts, for the lication of transaction of any business specified in the appointment, may be held elsewhere within the city of New-York, as designated in the appointment. An appointment must be published in two newspapers, published in the city of New-York, at least once in each week, for three successive weeks, before a term is held in pursuance thereof. Justices may take oaths, ac § 326. Each of the justices may, within the city of New-York, administer an oath, or take a deposition, or the acknowledgment or knowledg proof of the execution of a written instrument, and certify the same, in like manner and with like authority and effect, as a justice of the supreme court. ments, etc. Orders, etc., how made. Clerk, deputy clerk ants. § 327. In an action brought in the court, an order cannot be made, or a warrant of attachment granted, by an officer, other than a justice of the court; and each provision of this act, which empowers an officer, other than a judge of the court in which an action is brought, to make an order therein, must be construed as being exclusive of an action brought in the marine court. § 328. The court has a clerk, who is appointed, and may be removed, and assist at pleasure, by the justices thereof, or a majority of them. He must, by a written instrument under his hand, filed in his office, appoint, and may at pleasure remove, one deputy-clerk, and not more than twelve assistants. The clerk is responsible for the faithful discharge of his duty, by the deputy-clerk and each assistant. The clerk, the deputy-clerk, and each assistant, is entitled to a salary, fixed and to be paid as prescribed by law. General duties of deputy clerk. Special deputy clerks. Clerk to account monthly for fees, and pay over the same. Stenogra phers. $329. The clerk, and also the deputy-clerk, before he enters upon the duties of his office, must subscribe, and file in the office of the clerk of the city and county of New-York, the Constitutional oath of office. The deputy-clerk has all the powers, and may perform all the duties of the clerk, when the office of clerk is vacant, or at the clerk's office, when the clerk is absent therefrom, or at a term or sitting of the court which the deputy-clerk attends. § 330. The clerk may designate as many of his assistants, as the justices of the court, or a majority of them, deem necessary, as special deputy-clerks. Each special deputy-clerk possesses, in the absence of the clerk and the deputy-clerk, the same powers as the clerk, at any sitting or term of the court which he attends, with respect to the business transacted thereat. § 331. The clerk must receive, for the use of the city of New York, the fees allowed by law. He shall not perform any service, for which a fee is allowed by law, until the fee therefor is paid to him. He must, on the first day of each month, or within three days thereafter, render to the comptroller of the city, an account, under oath, of all fees received, directly or indirectly, during the preceding month, by him, or by the deputy-clerk, or either of his assistants, for any official service; and he must, at the same time, pay the same into the treasury of the city of New York. When the return and payment are so made, the clerk is entitled to receive his compensation, for the period included in the return. He is not entitled to compensation for a period for which he has not made his return and payment. § 332. The justices of the court, or a majority of them, must appoint four stenographers of the court, and may at pleasure remove either of them. They must also, from time to time, assign each of the stenographers to duty at the trial terms. Each stenographer is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each term to which he is assigned. TITLE 4. § 333. The justices of the court, or a majority of them, from time to Intertime must appoint, and may at pleasure remove, an official interpreter preter. of the court, who is entitled to a salary, fixed and to be paid as prescribed by law. Before entering upon his official duties, he must subscribe, and file in the office of the clerk of the city and county of New York, the Constitutional oath of office. He must attend any trial or special term of the court, where his services are required; and the justices of the court, or a majority of them, may, by order, regulate his attendance. alty for § 334. If the official interpreter knowingly and wilfully, falsely Id.; peninterprets any evidence, matter, or thing, between a witness and the misconcourt, or a justice thereof, in the course of an action or special proceed- duct. ing, he is guilty of perjury. § 335. The justices of the court, or a majority of them, may appoint, Court may appoint at. and at pleasure remove, as many attendants upon the court as they tendants, deem necessary, not exceeding eighteen; and may regulate their etc. attendance. Each attendant is entitled to a salary, fixed and to be paid as prescribed by law. and attend fees. of the court. § 336. The clerk, the deputy-clerk, an assistant to the clerk, the Interpreter official interpreter, or an attendant, shall not receive any fee or com- ants not to pensation, except his salary, for any official service performed by him. receive § 337. A justice of the court may, by an instrument under his hand, Suspension suspend a stenographer, or an officer specified in the last section, for a of an officer period not exceeding ten days from the filing thereof. Such an instrument must express the cause of the suspension; it must be filed in the office of the clerk of the city and county of New York; and it may be revoked, at any time before the expiration of the ten days, by an instrument filed in like manner, under the hand of the justice who executed the first instrument, or the hands of a majority of the justices of the court. Where such an instrument has been revoked, the officer shall not be again suspended for the same cause. § 338. A mandate of the court can be executed only within the city what manof New York, except as follows: dates may be execut the city. 1. An execution upon a judgment rendered therein, for a sum exceed-ed without ing twenty-five dollars, may be issued out of the court, tested in the name of the chief-justice thereof, to the sheriff of any county, wherein the judgment has been duly docketed. 2. A subpoena may be served within either of the counties of Richmond, Kings, Queens, or Westchester. 3. A warrant to apprehend a witness for a failure to obey a subpoena, may be executed by the sheriff of the city and county of New York, or a marshal of that city, within either of those counties. 4. An order duly made, in an action pending in the court, requiring the performance of an act by a party thereto, or by an officer, may be served upon a person bound to obey the order, and his obedience thereto may be required in any part of the State. 5. An order to show cause, why a person should not be punished for a contempt of the court, may be served by any person in any part of the State. 6. A warrant to apprehend, and bring before the court, a person charged with such a contempt, may be executed by the sheriff of the |