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1849.

1849.

sified.

Passed

electors of the city and county of New-York, at the annual courte do Bo charter election to be held in that city on the second Tues- Passed day of April, one thousand eight hundred and forty-nine.

§ 42. Such justices shall be voted for together on one How voted ballot, which shall be distinct from any other ballot at Passed the same election, and deposited in a separate box, marked “superior court." The votes shall be canvassed and certified in the same manner as the 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 How clas the votes are canvassed, be classified by lot, to be publicly drawn by the register and clerk of the city and county of 1349. 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 Expiration such classification, the term of office of all the justices of and vacanthe superior court of the city of New-York shall be six filled. years; and any vacancy occurring in the offices created Passed by this title, shall be filled in the manner prescribed for filling vacancies in the office of the present justices.

of terms

cies how

1849.

[graphic]

ries.

Passed 1849.

held.

Passed 1849.

may be transfered from supreme

court.

Passed 1649.

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

the 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. Terms of $46. A general term of the superior court may be held by superior court, and any two of the six justices thereof, and a special term by

any one of them; and general and special terms, one or more of them, may be held at the same time.

$47. All civil suits at issue at the time of the passage of Certain ci. vil-suits

this act, that from and after the first of May, 1849, shall

be placed upon the calendar of the supreme court at any court to the general or special term thereof, to be held in the city of superior

New-York, and which shall be in readiness for hearing on questions of law only, or are equity cases, may by an order of that court or of the judge holding such special term be transferred to said superior court of the city of NewYork, and to be heard at the general term thereof, hereinafter provided for.

This section amended by striking off the three last words. Session Laws,

1851, page 8, chapter 2. Jurisdic

$ 48. The said superior court shall have jurisdiction of every suit so transferred to it, and may exercise the same

powers in respect to every such suit, and any proceedings Passed

therein, as the supreme court might have exercised, if the

suit had remained in that court. Judges to

$ 49. It shall be the special duty of the three justices to iwo years be elected under the provisions of this title and of their ferred from successors, to devote their time and labors, for the term of

two years, from the first of May one thousand eight hundred and forty-nine, to the hearing 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.

tion of saperior court in such cases.

1849.

to hear for

suits trans

supreme court.

Passed 1849.

Section forty-nine has been repealed. Session Laws, 1851, page 8, chapter 2. $ 50. Appeals from the judgments of the superior court Appeal to

court of apin such suits, may be taken to the court of appeals, in the peals. same manner as from the judgments of the superior court Passed in actions originally commenced therein.

§ 51. The provisions of section twenty-eight of this act, Section 2 shall apply to the said superior court.

superior Sections forty to fifty-one inclusive, originally passed March 24, 1849. Parsed Session Laws, 1849, page 168, chapter 124.

1849.

court.

TITLE VI.

Of the Courts of Justices of the Peace.

Section 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 und ing 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. RULE 1. The pleadings.

2. Pleadings, how put in.
3. Complaint.
4. Answer.
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 pay.

ment of money only.
10. Variance, when disregarded.
11. Amending pleadings.
12. Execution, when issuable and returnable.
13. Execution on justice's judgment docketed.
14. Requiring party to exhibit his account.
15. Certain provisions applicable to these courts.

$ 52. [Sec. 45.] The provisions contained in sections two, Repeal of three and four, of the article of the Revised Statutes, entitled isting pro. “Of the jurisdiction of justices' courts," as amended by sections one and two of the act concerning justices' courts, 1949, passed May 14, 1840, and the provisions contained in sec

Amended Jurisdiction of these courts.

Amended

tions 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. [Sec. 46.] Justices of the peace shall have civil jurisdiction in the following actions, and no other:

1. An action arising on contract for the recovery of 1849, 1851.

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.

4. An action commenced by attachment of property, as now provided by statute, if the debt or 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 becomes due ;

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

lars;

7. An action on a judgment rendered in a court of a justice of the peace, or of a justices' or other inferior court in a 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 two hundred and fifty 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 one hundred dollars.

actions

A justice of the peace has jurisdiction to try an action for wilfully neg. lecting or refusing to issue an execution on a judgment recovered before the defendant as a justice of the peace. Van Vleck vs. Burroughs and others, 6 Barb. 341.

Where an inferior court has once acquired jurisdiction, it will not lose it by subsequent error or irregularity. Hard vs. Shipman, 6 Barb. 621; Everitt vs. Lisk, 1 Code Rep. 71.

The summons should state the alleged cause of action. Ellis vs. Merrit, 2 Code Rep. 68.

The plaintiff must prove his demand; he cannot enter judgment on default of the defendant. Muscott vs. Miller, 1 Code Rep. 53; Smith vs. Falconer, 1 Code Rep. 120.

The 7th sub-division of this section controls the first subdivision. Miles vs. Winslow, 3 Code Rep. 44.

A justice of the peace had no power to take judgment by confession, for a sum greater than one hundred dollars, under the Code of 1848. Daniels and others agt. Hinkstone, 5 How. 322. § 54. [Sec. 48.] But no justice of the peace shall have Jurisdic:

tion in civil cognizance of a 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.

Should the joint accounts exceed four hundred dollars, and the justice give judgment, it is not void for want of jurisdiction. Lamoure vs. Caryl, 4 Denio, 370.

§ 55. [Sec. 48.] In every action brought in a court of Answer of justice of the peace where the title to real property shall land

title to

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