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Issue of

bonds for

local improvements.

make, grade and improve sidewalks about the same, or any part thereof. And they may cause the whole expense thereof to be assessed upon all the lots and parcels of land where the parks. squares or areas are situated in proportion to the benefit which each lot or parcel will derive therefrom. It shall be lawful for the common council to borrow, from time to time, by the issue of bonds bearing such rates of interest as it may deem proper to effect a sale thereof, not exceeding six per centum per annum, at not less than par, for such period as said common council may determine, not exceeding ten years, such sums as may be necessary to pay all costs, disbursements and other expenses incurred or to be incurred on account of work, labor, materials and local improvements heretofore or hereafter performed or fur nished, or constructed, not in conflict with the provisions of any contract, however, therefor, under and by virtue of ordinances duly adopted as provided in this charter, the expense whereof is to be afterwards collected wholly or in part by assessment from Payments the property benefited by such improvement, but no moneys shall ⚫eeds. be paid out of the proceeds of said bonds except upon a certificate in writing from the head of the department having charge of such work stating that a payment is due and the amount of such Local im- payment. All assessments heretofore or hereafter made or colprovement lected for local improvements shall be paid into a fund to be known as the "local improvement fund" to be applied toward the redemption of the bonds issued in pursuance of this section and the payment of any orders that may be issued in pursuance of any contracts heretofore entered into for any local improvements.

from pro

fund.

court.

to service

§ 13. Section two hundred and forty-one of said act is hereby amended so as to read as follows:

Municipal § 241. A court of civil jurisdiction, to be known as the "munici pal court of the city of Rochester," is continued and established Powers as in and for said city, with the jurisdiction and powers hereinafter of process. provided, and the further jurisdiction and powers to have any and all process or papers issued by the clerk, deputy clerk, or one of the judges, executed and served anywhere within the county of Monroe, and all process and papers issued may be directed to and served by any constable of any ward within said city, or any town within said county, or by the sheriff of said county, or any of his deputies. The two judges of the said court now

Judges.

in office shall hold the said court in the said city as hereinafter

provided.

§ 14. Section two hundred and forty-five of said act is hereby amended so as to read as follows:

hours.

§ 245. It shall be the duty of each of said judges to hold a Courts. court in and for said city of Rochester, to be called the municipal court of the city of Rochester. Each of said judges may hold a separate court at the same time. Said court shall be open for Business business each day (Sundays and legal holidays excepted), at nine o'clock in the forenoon and continue open during seasonable hours for the transaction of business, and shall have jurisdiction in Jurisdic ivil actions and proceedings, and criminal proceedings, as court. follows:

tion of

actions

1. In all civil actions and proceedings cognizable by law, by In civil justices of the peace or justices' courts of towns or formerly of said city.

2. In actions arising on contracts, express or implied, including Contracts. any order, decision or judgment of any court of record, or a judge thereof, granting or directing the payment of any sum of money to any party or person for the recovery of money only, if the amount for which judgment is claimed, does not exceed one thousand dollars, exclusive of costs; and also in actions for breach of contracts, express or implied, where the damages claimed and for which judgment is demanded in the complaint do not exceed one thousand dollars, exclusive of costs.

3. In a matter of account, when the sum total of the accounts Accounts. of both parties, proved to the satisfaction of the court, does not exceed one thousand dollars.

4. In actions for damages for injury to rights pertaining to the Damages for injuries. person or to personal or real property, or for the conversion of personal property, if the amount for which judgment is demanded in the complaint, exclusive of costs, does not exceed one thousand dollars besides costs.

5. In an action for a penalty or penalties where the amount Penalties. for which judgment is demanded in the complaint, exclusive of costs does not exceed the sum of one thousand dollars besides costs. 6. In an action upon a bond or undertaking conditioned for Bond or the payment of money, where the amount for which judgment is ing. demanded in the complaint, exclusive of costs, does not exceed one thousand dollars, though the penalty exceed that sem, the

undertak

Surety bonu.

Action

upon judg. ment.

Judgment on confes

sion.

Fraud.

Attachment.

Recovery of personal

judgment to be given for the sum actually due. Where payments are to be made by installments, an action may be brought for each installment as it becomes due.

7. In an action upon a surety bond or undertaking taken by said court, or one of the judges thereof, or a justice's court or a justice of the peace or any other court, or judge, or justice. except where it is otherwise specially provided by law, when the amount for which judgment is demanded in the complaint, exclusive of costs, does not exceed the sum of one thousand dollars.

8. In an action upon a judgment rendered in a court of record, or not of record, including said municipal court, a justice of the peace or the police justice of said city, where such action is not prohibited by the code of civil procedure.

9. To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of costs, shall not exceed one thousand dollars. Such confession to be in the manner prescribed by section three thousand and eleven of the code of civil procedure, and to have the same effect as is provided by section three thousand and twelve of said code.

10. In an action for damages for fraud in the sale, purchase or exchange of real or personal property, if the amount for which judgment is demanded in the complaint, exclusive of costs, does not exceed one thousand dollars.

11. In an action commenced by an attachment of property, as now provided by statute, if the amount for which judgment is demanded in the complaint, if one be served with the summons, exclusive of costs, or the debt or damage claimed in the affidavit does not exceed the sum of one thousand dollars.

12. In an action to recover the possession of personal property property claimed, the value of which as stated in the affidavit by or on behalf of the plaintiff where a requisition is issued in the action, or in other case in the complaint, shall not exceed the sum of one thousand dollars, the same proceedings to be had as are provided for justices' courts by article fifth of title two of chapter nineteen of the code of civil procedure, except as is otherwise specified in this act.

Summary proceed

13. In summary proceedings under title two of chapter sevenings. teen of the code of civil procedure, to recover the possession of real property, and to remove tenants and others, the process to

be made returnable and proceedings and judgment to be had and given before and by said court by its proper title.

and other

ment of

14. In actions or proceedings under the code of civil procedure, Mechanics or any statute as now existing, or that may hereafter be amended liens. or passed, for the protection or enforcement of the liens of mechanics and others, including article second of title two of chapter fourteen of said code, where the amount of the lien does not exceed the sum of one thousand dollars; the same proceedings to be had as are or may be provided by said code or statutes. 15. In proceedings in cases of bastardy, brought or instituted Bastardy proceedby the overseer of the poor, or acting overseer, or the mayor, or ings. one of the aldermen of said city of Rochester. The court in such bastardy proceedings and at any stage thereof, except during the final examination and determination, may be held by one of the judges of said court, and said judges may alternate in such proceedings except during the final examination and determination, when the said court shall be held by both judges, or in case of the absence or inability to act, by reason of being occupied with other official duties, or other cause, of either of said judges, by the other judge and the police justice of said city, or one of the justices of the peace of a town within the county of Monroe. In case Commitof any adjournment being had in said proceedings, and the defend- defendant ant failing to give an undertaking or security for such adjourn ment. ment, as provided by section eight hundred and forty-nine of the code of criminal procedure, he shall be committed to the county jail of Monroe county during such adjournment, by a commitment signed by the judge or judges then holding said court, and he may be taken therefrom at or before said adjourned time by any peace officer, by an order issued by one of the judges of said court, directed to the keeper of the said jail, and produced before said court for the purposes of examination or further adjourn ment, as may then be had. Any number of adjournments may be had in said proceedings, and the same may be for any length of time. The undertaking or security to be given upon an adjournment, Undertak shall be signed by two sufficient sureties and shall be to the adjourn effect that the defendant will appear before the said court at the adjourned time and such other time or times to which adjournments may be had for the purposes of the examinatio and determination, and will render himself amenable to any process, order or commitment that may be issued or made in

during

adjourn.

ing upon

ment.

Commitment upon

such proceedings. In case the defendant be adjudged to be the failure to father of any bastard bastard child or children, in any such

pay costs,

etc.

cable.

, bastardy proceedings, and he shall fail to pay the costs and give an undertaking for the support of such such child or children, and its or their mother, or said defendant's appearance at the next court of sessions of Monroe county, as provided by section eight hundred and fifty-one of said code of criminal procedure, the magistrates composing the court, or either of them, must, by warrant, commit such defendant to the Monroe county penitentiary, there to remain until he be dis charged by the said court of sessions, or deliver an undertaking Code appli- for the support of said child or mother as aforesaid. In all other respects, the proceedings to be had or taken in any such bastardy proceedings, instituted in said court, shall conform to the provisions of the said code of criminal procedure relating to proceed ings respecting bastardy. Every warrant or commitment issued after this section as amended takes effect shall, instead of committing the defendant to the county jail, commit him to said Monroe county penitentiary, where it is issued by any judge or justice aforesaid, or out of or by virtue of the order or judgment of the court of sessions of Monroe county, upon any appeal taken thereto in any proceedings respecting bastardy instituted by the overseer of the poor of said city.

Commit

ment to penitentiary hereafter.

Power to

remove

16. The judges of said court shall have power to remove any constable. constable of any ward of said city upon the same complaint as is provided by law for the removal of any constable of a town. The said judges shall associate together to hear and determine the same, except that where one of the judges is absent, or unable to act from any cause, the police justice of said city, or one of the justices of a town within the county of Monroe, may be associated with said remaining judge for said purpose, and the same proceedings shall be had by and before them as are provided by law to be had by and before three justices of the peace of a town for the removal of a constable.

Marriages.

Police jus tice, his jurisdic. tion.

17. The judges of said court are hereby respectively authorized and empowered to solemnize the rites of marriage.

§ 15. Section two hundred sixty-five of said act is hereby amended so as to read as follows:

§ 265. The police justice of said city shall have jurisdiction in any suit brought for a penalty or forfeiture given for a violation

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