regulating the latter, has been closely conformed to those of the other chapters relating to the former.

In applying the provisions of this chapter, it must be remembered that, by the terms of § 3347, subd. 11 and 12, nearly all its provisions are expressly excluded from operating upon actions and special proceedings commenced before September 1, 1880.(*)

TITLE I

TITLE I.

Jurisdiction and general powers.

SEC. 2861. Justice's jurisdiction must be specially conferred by law.

2862. General civil jurisdiction.

2863. No jurisdiction in certain cases.

2864. Confession of judgment.

2865. Actions by and against officers, etc.; and by executors, etc.

2866. Tavern keepers disqualified.

2867. Members of legislature not compelled to act.

2868. Justices to hold courts; general powers.

2869. In what town, etc., action must be brought.

2870. Criminal contempts.

2871. Id.; how punished.

2872. Offender to be heard.

2873. Record of conviction.

2874. Requisites of commitment.

2875. Fine to be paid to overseer or superintendent of the poor.

jurisdic

§ 2861. A justice of the peace has such jurisdiction in civil Justice's actions and special proceedings, as is specially conferred upon him by statute, and no other.

[New in form; an amplification of the last clause of the opening sentence of Co. Proc., § 53.]

tion must

be specially con ferred by

law.

§ 2862. Except as otherwise prescribed in the next section, a jus- General tice of the peace has jurisdiction of the following civil actions:

1. An action to recover damages upon or for breach of a contract, express or implied, other than a promise to marry, where the sum claimed does not exceed two hundred dollars.

2. An action to recover damages for a personal injury, or an injury to property, where the sum claimed does not exceed two hundred dollars.

3. An action for a fine or penalty, not exceeding two hundred dollars.

civil juris diction.

3

TITLE 1.

4. An action upon a bond conditioned for the payment of money, where the sum claimed to be due does not exceed two hundred dollars; the judgment to be rendered for the sum actually due. Where the sum secured by the bond is to be paid in instalments, an action may be brought for each instalment, as it becomes due.

5. An action upon a surety bond, taken by any justice of the peace.

6. An action upon a judgment rendered in a court of a justice of the peace, or in a district court of the city of New York, or in a justices' court of a city, being a court not of record.

7. An action to recover one or more chattels, with or without damages for the taking, withholding, or detention thereof, where the value of the chattel, or of all the chattels, as stated in the affidavit made on the part of the plaintiff, does not exceed two hundred dollars.

[Co. Proc., § 53, amended, in matter of substance, as follows: The phrase, "excepting as in the second section it is provided ", has been omitted from the preliminary sentence; it is unnecessary, and, in that place, unintelligible. This phrase was inserted by L. 1861, ch. 158; and the "second section" referred to was the second section of that act, which preserved the jurisdiction in actions to recover chattels. In subd. 1 of the foregoing section, the phrase, "to recover damages upon or for breach of a contract express or implied", has been substituted for "arising on contracts for the recovery of money only ", so as to harmonize the language of the subdivision with that of other parts of this Code; and the phrase, "other than a promise to marry", has been inserted, as it was thought that such an action should not be tried in a justice's court. Subd. 2 is subd. 2 of the Code of Procedure, unchanged in meaning. The meaning of the phrase, "for a personal injury, or an injury to property", which has been substituted for the phrase, "for injury to rights pertaining to the person, or to personal or real property", will be rendered quite clear by reference to 3343, subd. 8, 9 and 10, of this act. See Coulter v. A. M. U. Express Co., 56 N. Y., 585. Subd. 3 consists of subd. 3 of the Code of Procedure, amended by inserting, "fine or", before "penalty", to harmonize the language with other portions of this Code. The fourth subdivision of the Code of Procedure, which reads, "an action commenced by attachment of property, as now provided by statute, if the debt or damages claimed do not exceed two hundred dollars", has been omitted; because such an action will, under this Code, come clearly within either subd. 1 or subd. 2 of this section. The phrase in subd. 4 of this section, "where the sum claimed to be due does not exceed two hundred dollars", has been substituted for "not exceeding two hundred dollars, though the penalty exceed that sum ", in the fifth subdivision of the Code of Procedure; as the latter phrase does not express the intent of the legislature, which was, that an action might be maintained, whenever the sum to

be recovered did not exceed two hundred dollars, although the bond was conditioned for the payment of a greater sum. Subd. 5 consists of subd. 6 of the Code of Procedure, amended by substituting the words, "any justice of the peace", for "them", to avoid an ambiguity in the present statute, and omitting, as unnecessary, the words, "though the penalty or amount claimed exceed two hundred dollars". Subd. 6 consists of subd. 7 of the Code of Procedure, amended, by omitting the phrase," where such action is not prohibited by section seventyone", as it is covered by the opening clause of this section, and the subject provided for in § 3154, post; and by substituting the phrase, "in a district court of the city of New-York, or in a justices' court of a city, being a court not of record", for the phrase, "by a justice or other inferior court", so as to exclude judgments rendered in courts of record. The eighth subdivision of the section of the Code is improperly included therein, as its subject is not embraced in the opening phrase of the section. It is provided for in § 2864, post. Subd. 9 of the Code of Procedure is omitted; as it is fully covered by subd. 2 of this section, the acts specified therein being clearly injuries to property, within the definition contained in § 3343, subd. 10. Subd. 7 of the foregoing section is subd. 10 of the Code of Procedure, amended by adding the clause in reference to damages; by omitting the words, "his agent or attorney", the subject being provided for in §§ 2920 and 1712 of this act; and by substituting "two" for "6 one", in accordance with L. 1876, ch. 431. The remainder of L. 1860, ch. 131, which was inserted by the publishers of the several editions of the Code of Procedure in the tenth subdivision, is provided for in tit. 2, art. 5, of this chapter. It will be seen from this explanation, that the foregoing section makes no material changes in the jurisdiction of justices of the peace under the former statutes.](*)

TITLE 1.

§ 2863. But a justice of the peace cannot take cognizance of a No juriscivil action, in either of the following cases:

1. Where the people of the State are a party, except for one or more fines or penalties not exceeding two hundred dollars.

2. Where the title to real property comes in question, as prescribed in title third of this chapter.

3. Where the action is to recover damages for an assault, battery, false imprisonment, libel, slander, criminal conversation, seduction, or malicious prosecution.

4. Where, in a matter of account, the sum total of the accounts of both parties, proved to the satisfaction of the justice, exceeds four hundred dollars.

5. Where the action is brought against an executor or administrator, as such.

[Co. Proc., § 54, amended by substituting "two" for "one" in subd. 1, and inserting the words, "one or more fines or ", in accordance with a similar change made in § 2862, subd. 3, ante. See 66 N. Y., 646.]

(a) Section 1712 is on page 281: § 3343 on page 356. As to the civil jurisdiction of police justices in villages, see L. 1881, ch. 615, pp. 384, 385, post.

diction in certain

cases.

TITLE 1. Confession of judgment.

Actions by

and against officers, etc.; and by executors, etc.

Tavern

keepers fled.

§ 2864. A justice of the peace has also jurisdiction to render judgment, upon the confession of a defendant, as prescribed in title sixth of this chapter, where the sum confessed does not exceed five hundred dollars.

[Co. Proc., § 53, subd. 8.]

§ 2865. An action, cognizable by a justice of the peace, may be brought by or against a corporation; by or against a natural person in his own right; by or against a town or county officer in his official character; or by an executor or administrator.

[2 R. S., 226, Part 3, ch. 2, tit. 4, § 5 (3 R. S., 5th ed., 327; 2 Edm., 241), amended so as to expressly allow an action to be brought against, as well as by a corporation, in accordance with L. 1847, ch. 470, § 45 (4 Edm., 589). This section is probably unnecessary in view of the fact that § 2863, ante, defines the cases in which a justice shall have no jurisdiction, and §§ 446, 449, 450, 454, 455, 468 and 749, are made applicable to justices' courts by § 3347, subd. 3 and 6. Under these provisions, all persons interested, may be made plaintiffs; the action must be brought by the real party in interest, except that trustees, etc., may sue without joining the person interested; a married woman may appear, prosecute, or defend, as if she was single; persons severally liable for the same demand may be sued together or separately; the defendants thus sued may apply for any relief they would have been entitled to, had they been sued separately; infants may bring actions; and actions upon securities given to or taken by public officers, guardians, committees, or other trustees, may be maintained by such persons in their official or representative capacity. Actions against joint debtors are allowed by § 3020, post. ](*)

§ 2866. A justice of the peace, who is an innholder or tavern disquali- keeper in fact, has no power or jurisdiction under any provision of this chapter; but if a judgment has been actually rendered by him, oefore he became so disqualified, he may give a transcript thereof, or issue execution thereupon, or satisfy the judgment upon payment thereof.

Members

[L. 1846, ch. 140 (3 R. S., 5th ed., 427; 4 Edm., 548), amended by inserting the provisions allowing the justice to give a transcript and to satisfy the judgment upon payment thereof. It was held in Rice v. Milks, 7 Barb., 337, that a justice, who is a tavern keeper, was not disqualified, either under the act of 1846, or under the section of the Revised Statutes which it superseded, from entertaining a special proceeding; but this section is broader, and forbids such a justice from entertaining any proceeding regulated in this chapter.]

§ 2867. A justice of the peace, who is a member of the senate lature not or assembly, is not obliged to take cognizance of a civil action or

of legis

compelled

to act.

6

(a) The sections referred to in this note, not belonging to this chapter, will be found on

TITLE 1.

special proceeding; but he may take cognizance thereof, in his discretion.

[Section 7 of the R. S., amended by inserting the words, " or special proceeding;" and by omitting the words, "or being a judge of any county court."]

to hold

general

§ 2868. A justice of the peace must hold, within his town or Justices city, a court for the trial of any action or special proceeding, of which courts; he has jurisdiction, brought before him. He must hear, try, and de- powers. termine the same, according to law and equity; and for that purpose, where special provision is not otherwise made by law, the court is vested with all the necessary powers possessed by the supreme

court.

[Id., § 1, amended by omitting, after "justice of the peace," "elected in any town of this State, or appointed for any city in which special courts are not established by law," and by substituting the words, "or special proceeding, of which he has jurisdiction," for "in the next section enumerated." The omitted phrase is both incorrect and unnecessary. The other amendment needs no explanation.]

town, etc

§ 2869. An action must be brought before a justice of a town In what or city wherein one of the parties resides, or a justice of an adjoining action town or city in the same county, except in one of the following

cases:

1. Where the defendant has absconded from his residence, it may be brought before a justice of the town or city in which the defendant, or a portion of his property, is at the time of the commencement of the action.

2. Where the plaintiff is not a resident of the county, or if there are two or more plaintiffs, where all are non-residents thereof, it may be brought before a justice of the town or city, in which the plaintiff, or either of the plaintiffs, or his attorney, is at the time of the commencement of the action.

3. Where the defendant is a non-resident of the county, it may be brought before a justice of the town or city, in which he is at the time of the commencement of the action.

4. Where it is specially prescribed by law, that a particular action may be brought before a justice of the town, city, county, or district, where an offence was committed, or where property is found.

must be

brought.