THE NEW YORK JUSTICE'S MANUAL. PART I. PROVISIONS OF THE CODE OF CIVIL PRO. PROCEEDINGS BEFORE JUSTICES CHAPTER XIX. COURTS OF JUSTICES OF THE PEACE, AND PROCEEDINGS THEREIN. TITLE I. JURISDICTION AND GENERAL POWERS. TITLE II. COMMENCEMENT OF ACTION; APPEARANCE OF PARTIES; PROVISIONAL REMEDIES. TITLE III.- PLEADINGS; INCLUDING COUNTERCLAIMS, AND PROCEEDINGS UPON ANSWER OF TITLE. TITLE IV. PROCEEDINGS BETWEEN THE JOINDER OF ISSUE AND TITLE VI. JUDGMENT; AND DOCKETING THE SAME. TITLE VII.— EXECUTIONS. TITLE VIII.- APPEALS. TITLE IX.- COSTS. TITLE X.- ACTION OR SPECIAL PROCEEDING, RELATING TO AN ANIMAL STRAYING UPON THE HIGHWAY. TITLE XI.- PROVISIONS SPECIALLY RELATING TO COURTS OF JUS TICES OF THE PEACE IN THE CITY OF BROOKLYN. TITLE XII.- MISCELLANEOUS PROVISIONS. PRELIMINARY NOTE.-In preparing the notes to this chapter, the editor's chief object has been to lessen, as far as possible, the doubts and embarrassments which justices of the peace, and those practicing before them, must unavoidably experience from the enactment of a new statute, containing a complete system of procedure, which, in many particulars, is different from that formerly in use, although examination and practical experience will show that the changes are less numerous and extensive than it has been generally supposed. Accordingly the editor's efforts have been mainly directed to pointing out the interdependence between the various parts of this chapter, the connection between this chapter and other chapters of this Code, and the differences between this chapter and the former statutes relating to justices' courts, so that the persons referred to may the more readily understand the meaning and effect of the language employed, and distinguish those provisions which accomplish changes in matters of substance, from those which affect the phraseology merely, leaving the directions of the former statutes practically unchanged. The better to carry out this object, he has, except occasionally, where a particular point was to be elucidated, refrained from extensive citations of decisions under the former statutes, because they are so numerous, that to collect them and explain them fully would swell the notes to such a bulk, that their usefulness for the editor's main purpose would be greatly impaired. Such of the adjudications as are applicable to the new statute can readily be applied, where the points of divergence or convergence between the new statute and the old have been ascertained. Indeed, the most material changes, effected by this chapter, are those which tend to conform the procedure in justices' courts to that of the supreme court and the other principal courts of record; for the statutes regulating the jurisdiction and general powers of justices of the peace, and many of the provisions relating to the procedure before them, have been subjected to few and comparatively unimportant changes. With respect to those particulars in which the procedure has been thus assimilated, the authorities upon the procedure in the principal courts of record will be generally applicable to that of justices' courts, because the phraseology, as well as the substantive directions of the provisions of this chapter, 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 1, 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. § 2861. A justice of the peace has such jurisdiction in civil 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.] § 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. 66 [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 66 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, subď. 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 "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.] 5 (a) Sertion 1:12 is on page 281; 3343 on page 356 L. 1880, ch. 235, 83, limits the civil Jurisdiction of village police justices to cases where the village is a party in interest. diction in certain cases. |