By whom held.

Judgments

where given

Concurrence of two jud. ges necessary.

Criers how

Salaries,

how fixed.

§ 36. A general term shall be held by at least two of the jud ges of those courts respectively, and a special term by a single judge.

§ 37. Judgments upon appeal shall be given at the general term; all others, at the special term.

§ 38. The concurrence of two judges shall be necessary to pronounce a judgment at the general term. If two do not concur, the appeal shall be re-heard.

§ 39. A crier shall be appointed by the superior court of the appointed. city of New-York, and by the court of common pleas for the city and county of New-York respectively, to hold his office during the pleasure of the court. He shall receive a salary to be fixed by the supervisors of the city and county of New-York, and paid out of the county treasury.

Superior court, of whom to consist.

Three jus

tices of su

§ 40. The superior court of the city of New-York shall from the first day of May, one thousand eight hundred and forty-nine, consist of six justices.

§ 41. Three justices of such superior court, in addition to the justices now holding office, shall be elected by the electors of the perior court, 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.

to be elected.

How voted for.

How classi fied:

Expiration

§ 42. Such justices shall be voted for together on one ballot, 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.

§ 43. The justices so elected shall, immediately after the votes are canvassed, be classified by lot, to be publicly drawn 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.

844. After the expiration of the terms of office under such of terms and classification, the term of office of all the justices of the superior court of the city of New-York shall be six years; and any va

vacancies

how filled.

cancy 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.

same

their salaries

§ 45. The justices elected pursuant to this title, subject to the Powers of provisions contained in section forty-nine, shall have the judges and 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.

superior

§ 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 one court and by of them; and a general and special terms, one or more of them, whom held." may be held at the same time.

suits may be

preme court

847. All civil suits at issue at the time of the passage of this Certain civil act, that from and after the first of May, 1849, shall be placed transferred upon the calendar of the supreme court at any general or special from suterm thereof, to be held in the city of New-York, and which shall to the superbe in readiness for hearing on questions of law only, or are equity for court. 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, hereinafter provided for.

of superior

cases.

§ 48. The said superior court shall have jurisdiction of every Jurisdiction suit so transferred to it, and may exercise the same powers in res- court in such pect to every such suit, and any proceedings therein, as the supreme court might have exercised, if the suit had remained in that court.

hear for two

from su

§ 49. It shall be the special duty of the three justices to be elected Judges to under the provisions of this title and of their successors, to devote years suits their time and labors, for the term of two years, from the first of transferred May one thousand eight hundred and forty-nine, to the hearing preme court. and determination of the suits transferred from the supreme court and for that purpose they, or any two of them, shall hold a general term of the said superior court, of at least two weeks in duration, in each month of the year, except the month of August.

court of ap

§ 50. Appeals from the judgments of the superior court in Appeal to such suits, may be taken to the court of appeals, in the same man- peals. ner as from the judgments of the superior court in action originally commenced therein.

§ 51. The provisions of section twenty-eight of this act, shall Section 28 apply to the said superior court.

SECTION 52. 53.

TITLE VI.

Of the Courts of Justices of the Peace.

Repeal of certain existing provisions.

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.

applied to, superior

court.

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

9.

Proceedings in action on account or instrument for the payment of money only.

Repeal of

ing provi

sions.

10. Variance, when disregarded.

11. Amending pleadings.

12. Execution, when issuable and returnable.

13. Execution on justices' judgments docketed.

14. Requiring party to exibit his account.

15. Certain provisions applicable to these courts.

§ 52. The provisions contained in sections two, three and four, certain exist of the article of the Revised Statutes, entitled "Of the 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. § 53. Justices of the peace shall have civil jurisdiction in the following actions, and no other:

Jurisdiction of these courts.

1. An action arising on contract for the recovery of money only, if the sum claimed do not exceed one hundred dollars;

2. An action for damages for an injury to the person, or to real property, or for taking, detaining, or injuring personal property, if the damages claimed do not exceed one hundred dollars;

3. An action for a penalty, not exceeding one hundred dollars, given by statute;

4. An action commenced by attachment of property, as now provided by statute, if the debt of damages claimed do not exceed one hundred dollars;

5. An action upon a bond, conditioned for the payment of money, not exceeding one 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 shall become due ;

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

7. An action on a judgment rendered in a court of a justice of the peace, or of a justice's 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 two hundred and fifty dollars, in the manner prescribed by article eight, title four, chapter two, of part three of the Revised Statutes.

§ 54. But no justice of the peace shall have cognizance of a civil action,

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 fifty-five to sixty-two, 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.

Jurisdiction in civil actions limited.

§ 55. In every action brought in a court of a justice of the peace Answer of where the title to real property shall come in question, the defen- title to land dant may, either with or without other matter of defence, set forth in his answer, any matter showing that such title will come in question. Such answer shall be in writing, signed by the defendant or his attorney, and delivered to the justice. The justice shall thereupon countersign the same, and deliver it to the plaintiff.

Undertaking

§ 56. At the time of answering, the defendant shall deliver to the justice a written undertaking, executed by at least one suffi- thereon. cient surety, and approved by the justice to the effect that if the plantiff shall, within thirty days thereafter, deposit with the justice a summons and complaint in an action in the supreme court, for the same cause, the defendant will, within ten days after such deposit, give an admission in writing of the service thereof. Where the defendant was arrested in the action before the justice, the undertaking shall further provide, that he will, at all times, render himself amenable to the process of the court, during the pendency of the action, and to such as may be issued to enforce the judgment therein. In case of failure to comply with the undertaking, the surety shall be liable, not exceeding one hundred

dollars.

discontinued.

§ 57. Upon the delivery of the undertaking, to the justice, the suit before action before him shall be discontinued, and each party shall pay justice to be his own costs. The costs so paid by either party shall be allow-Costs. ed to him, if he recover costs in the action to be brought for the same cause in the supreme court. If no such action be brought within thirty days after the delivery of the undertaking, the defendant's costs before the justice may be recovered of the plaintiff.

Proceedings

ing not giv

§ 58. If the undertaking be not delivered to the justice, he if undertak shall have jurisdiction of the cause, and shall proceed therein; and the defendant shall be precluded, in his defence, from drawing the title in question.

en.

The same.

New action

court.

§ 59. If, however, it appear on the trial, from the plaintiff's own showing, that the title to real property is in question, and such title shall be disputed by the defendant, the justice shall dismiss the action, and render judgment against the plaintiff for

the costs.

§ 60. When a suit before a justice shall be discontinued by the in supreme delivery of an answer and undertaking, as provided in sections fifty-five, fifty-sixty and fifty-seven, the plaintiff may prosecute an action for the same cause, in the supreme court, and shall complain for the same cause of action only, on which he relied before the justice; and the answer of the defendant shall be the same which he made before the justice.

Pleadings therein.

Costs of action in su

§ 61. If the judgment in the supreme court be for the plainpreme court. tiff, he shall recover costs. If it be for the defendant, he shall recover costs; except that upon a verdict, he shall pay costs to the plaintiff, unless the judge certify that the title to real property came in question on the trial.

eral causes

answer of

Proceedings § 62. If, in an action before a justice, the plaintiff have sev where several causes of action, to one of which the defence of title to real of action and property shall be interposed, and as to such cause, the defendant shall answer and deliver an undertaking, as provided in sections fifty-five and fifty-six, the justice shall discontinue the proceedings as to that cause, and the plaintiff may commence another action therefor in the supreme court. As to the other causes of action, the justice may continue his proceedings

title as to one.

Docketting justices" judgments, and effect thereof.

§ 63. A justice of the peace, on the demand of a party in whose favor he shall have rendered a judgment, shall give a transcript thereof, which may be filed and docketed in the office of the clerk of the county where the judgment was rendered. The time of the receipt of the transcript by the clerk shall be noted thereon and entered in the docket; and, from that time, the judgment shall be a judgment of the county court. A certified transcript of such judgment may be filed and docketed in the clerk's office of any other county, and with the like effect, in every respect, as in the county where the judgment was rendered; except that it shall be a lien, only from the time of filing and docketing the transcript. But no such judgment for a less sum than twenty-five dollars, exclusive of costs, hereafter docketed, shall be a lien upon, or enforced againts real property. 8.64. The following rules shall be observed in the courts of tices' courts. justices' of the peace:

Rules in jus