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TITLE 3.

Notifying

trial ju

fees.

persons, or such other number as the court, at any term thereof, directs, to serve as trial jurors. The drawing must be conducted as prescribed by law, for the drawing of trial jurors by a county clerk, except that notice thereof is not necessary. A list of the names of the persons drawn must be certified by the clerk and attending judge, and delivered to the sheriff of Erie county.

§ 305. The sheriff must thereupon notify each of the persons so rors; their drawn, as prescribed by law for notifying a juror drawn to attend a term of the circuit court. Before the first day of the term, the sheriff must file the list with the clerk, accompanied with his return, specifying who were notified, and the manner in which each person was notified. The clerk must make the same disposition of the ballots, containing the names of the jurors who have served, of those who did not appear, and of those who were discharged, as prescribed by law, with respect to the circuit court. Each juror, attending a term of the court, must be paid by the county of Erie, the same compensation as a juror attending the circuit court.

Additional

jurors may

§ 306. At a term where issues of fact, in civil or criminal causes, are be ordered. triable, the court may, in its discretion, direct additional jurors to be drawn from any list returned by the assessors, and require the sheriff, or a policeman in attendance upon the term, forthwith to notify them to attend; and if a person so drawn cannot be found, the court may cause his name to be returned to the box.

Court consists of three judges; chiefjudge.

Court al

ways open;

wat

trial term.

Appointment of deputy

ARTICLE FOURTH.

PROVISIONS EXCLUSIVELY APPLICABLE TO THE CITY COURT OF BROOKLYN.

SECTION 307. Court consists of three judges; chief-judge.

308. Court always open; number of trial terms.

309. Appointment of deputy clerk and assistants to clerk.

310. Clerk may charge fees.

311. Sheriff, etc., to attend terms.

312. Expenses to be a county charge.

313. Stenographers.

§ 307. The city court of Brooklyn consists of three judges; one of whom must, from time to time, as a vacancy occurs, be appointed chiefjudge of the court, as prescribed in the Constitution.

§ 308. The court is always open for the transaction of any business, for which notice is not required to be given to an adverse party. At least ten terms thereof, for the trial of issues of law or of fact, must be appointed to be held in each year.

§ 309. The judges of the court, or a majority of them, may appoint as many special deputy clerks and assistants in the clerk's office as clerk and they deem necessary. Each officer so appointed is entitled to a salary, fixed and to be paid as prescribed by law.

assistants

to clerk.

Clerk may

charge fees.

Sheriff,

tend terms.

§ 310. The clerk of the court is entitled, in addition to his salary, for any service performed by him, to the fee allowed by law to a county clerk, for a similar service.

§ 311. The sheriff of the county of Kings, his under-sheriff, or a etc to a deputy-sheriff, designated by him, must attend each term or sitting of the court. If a deputy sheriff is designated to attend he shall be entitled to the same compensation as is allowed by law to messengers and attendants upon said court, and shall be paid in the same manner. The judge or judges holding the term may require more than one deputy sheriff to attend should it be deemed necessary.

Expenses

to be a County charge.

$312. The expenses of the court are a county charge, and must be allowed and paid in like manner as other county charges.

TITLE 4.

Stenogra

§ 313. The judges of the court, or a majority of them, from time to time must appoint, and may at pleasure remove, one or two stenog- phers. raphers, as they deem it necessary for the business of the court. Each stenographer so appointed is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each term of the court, where issues of fact in civil or criminal causes are triable. If two stenographers are appointed, the judges of the court must assign to each his share of the business. A stenographer may, with the assent of the judges of the court, or a majority of them, appoint an assistant-stenographer, to aid him in the discharge of his duties, whose compensation is payable by the stenographer, and is not a county charge.

TITLE IV.

The marine court of the city of New-York.

SECTION 314. Marine court a court of record.*

315. Jurisdiction.

316. The last section limited.

317. Jurisdiction in marine causes.

318. No power to naturalize aliens.

319. Removal of action to supreme court from marine court.
320. Justices; their general duties.

321. How suspended from office.

322. Chief-justice; how designated; his general duties, etc.

323. Justices may make rules.

324. Court when open; justices to designate terms; routine of business at

the terms, etc.

325. Terms, where held; publication of appointments.

326. Justices may take oaths, acknowledgments, etc.

327. Orders, etc., how made.

328. Clerk, deputy-clerk and assistants.

329. General duties of deputy-clerk.

330. Special deputy-clerks.

331. Clerk to account monthly for fees, and pay over the same.

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§ 315. The jurisdiction of the marine court of the city of New York Jurisdic extends to the following cases:

1. An action against a natural person, or against a foreign or domestic corporation, wherein the complaint demands judgment for a sum of money only, or to recover one or more chattels, with or without damages for the taking or detention thereof.

2. An action to foreclose or enforce a lien upon real property in the city of New-York, created, as prescribed by statute, in favor of a person, who has performed labor upon, or furnished materials to be used in the construction, alteration, or repair of a building, vault, wharf, fence, or other structure; or who has graded, filled in, or otherwise improved, a lot of land, or the sidewalk or street in front of or adjoining a lot of land.

Section 314 stricken out.

tion.

TITLE 4.

The last sectionlin

ited.

Jurisdic

tion in marine causes.

No power to naturalize aliens.

Removal of action to

supreme

marine

court.

3. An action to foreclose or enforce a lien, for a sum not exceeding two thousand dollars, exclusive of interest, upon one or more chattels. 4. The taking and entry of a judgment, upon the confession of one or more defendants, where the sum, for which judgment is confessed, does not exceed two thousand dollars, exclusive of interest from the time of making the statement, upon which the judgment is entered. § 316. The jurisdiction conferred by the last section is subject to the following limitations and regulations:

1. In an action wherein the complaint demands judgment for a sum of money only, the sum, for which judgment is rendered in favor of the plaintiff, cannot exceed two thousand dollars, exclusive of interest, and costs as taxed; except where it is brought upon a bond or undertaking, given in an action or special proceeding in the same court, or before a justice thereof; or to recover damages for a breach of promise of marriage; or where it is a marine cause, as that expression is defined in the next section. Where the action is brought upon a bond or other contract, the judgment must be for the sum actually due, without regard to a penalty therein contained; and, where the money is payable in instalments, successive actions may be brought for the instalments, as they become due.

2. In an action to recover one or more chattels, a judgment cannot be rendered in favor of the plaintiff, for a chattel or chattels, the aggregate value of which exceeds two thousand dollars.

3. The court has not jurisdiction of an action commenced against an executor or administrator, in his representative capacity. But this subdivision does not prevent the court from continuing an action against an executor or administrator, or from substituting an executor or administrator in place of a defendant in an action, in a case where it is prescribed in this act that a continuance or substitution may be made. 317. The following actions are styled in this act, marine causes, and the court possesses the same jurisdiction of such an action, as the supreme court of the State:

1. An action in favor of a person, belonging to a vessel in the merchant service, against the owner, master, or commander thereof, for the reasonable value of services, or for the breach of a contract to pay for services, rendered or to be rendered on board of the vessel, during a voyage, wholly or partly performed, or intended to be performed by it. 2. An action in favor of or against a person, belonging to or on board of a vessel in the merchant service, to recover damages for an assault, battery, or false imprisonment, committed on board the vessel, upon the high seas, or in a place without the United States.

But this section does not confer upon the marine court authority to proceed, as a court of admiralty or maritime jurisdiction.

§ 318. The court has not, nor has either of the justices thereof, power to naturalize an alien.

§ 319. The supreme court, at a term held in the first judicial district, may, by an order made at any time after joinder of an issue of fact, court from and before the trial thereof, remove to itself an action brought in the marine court, for the purpose of changing the place of trial thereof. Where an order for removal is made, as prescribed in this section, the place of trial must be changed by the same order to another county, and the subsequent proceedings therein must be the same as if the action had been originally brought in the supreme court. The provisions of sections three hundred and forty-four, three hundred and fortyfive and three hundred and forty-six of this act, apply to an application to remove such an action, and to the proceedings upon and subsequent

to the removal, as if the marine court was specified in those sections in place of the county court, and a justice thereof in place of the county judge.

TITLE 4.

their gencral duties.

$320. The court consists of six justices, one of whom is the chief- Justices; justice of the court. Each justice must perform his share of the labors and duties appertaining to the office. One of the justices must attend at the chambers of the court, from ten o'clock in the morning until four o'clock in the afternoon of each day, except Sunday, a public holiday, or a day upon which the inhabitants of the city of New York generally refrain from business. Each justice, while in the rooms of the court, and not actually engaged in the performance of other official duties, must act upon any application for his official action, properly made to him. The justice, assigned to a trial term or a special term, must remain in attendance, until the day calendar is disposed of, or for such other time as is reasonable.

pendert

§ 321. Where it appears presumptively, to the satisfaction of the How susGovernor, that a justice of the court has been guilty of corruption, or from office. other gross misconduct in office; or habitually neglects to perform his share of the labors and duties appertaining to the office; or is incapable of properly discharging the same; the Governor may, in his discretion, make an order, suspending that justice from the exercise of the duties of his office, and directing that his compensation cease. Such an order must recite the grounds upon which it is made; and it remains in force, unless it is sooner revoked by the Governor, until the final adjournment of the next session of the Legislature; or, if the Legislature is then in session, until the final adjournment of that session.

tice; how

general du

§ 322. The justices of the court, or a majority of them, must, from Chief jus time to time, as a vacancy occurs in the office of chief-justice, designate desig. one of their number to be chief-justice. A certificate of the designa- natel; his tion, under the hands of the justices making the same, must be filed fics, etc. in the office of the clerk of the court. The person so designated shall he chief-justice during his term of office. The chief-justice has the like anthority, within the jurisdiction of the court, as a presiding justice of the supreme court; and when he is present and is not disqualified, he must preside at a general term.

$323. The justices of the court, or a majority of them, may, from Justices time to time, establish rules of practice for the court, not inconsistent may make with this act, or with the general rules of practice, established as prescribed in section seventeen of this act. The latter govern the practice in the court, as far as they are applicable thereto.

tices to desterms; rou

ness at the

terms, etc.

$324. The court is always open for the transaction of any business, Court when for which notice is not required to be given to an adverse party. The s justices of the court, or a majority of them, from time to time must ignate appoint, and may alter, the times of holding general, special, and trial tine of busiterms of the court. They must prescribe the duration of the terms; designate the trial terms at which jurors are required to attend; and assign the justice or justices to preside and attend, at each of the terms so appointed. In case of the inability of a justice to preside or attend, another justice may preside or attend in his place. Each trial and special term must be held by one justice; and each general term by at least two justices. Two or more general, special, or trial terms may be appointed to be held at the same time. The concurrence of two justices is necessary to pronounce a decision at a general term. If two do Lot concur, a re-argument must be ordered. The justices holding a general term may order a re-argument, before themselves, or at a sub

TITLE 4.

Terms, where

held; pub lication or

appointments.

Justices may take

oaths, ac

sequent general term, of a cause heard by them, at a previous general term.

$325. Each term so appointed must be held at the city-hall in the city of New-York, except that auxiliary or additional parts, for the transaction of any business specified in the appointment, may be held elsewhere within the city of New-York, as designated in the appointment. An appointment must be published in two newspapers, published in the city of New-York, at least once in each week, for three successive weeks, before a term is held in pursuance thereof.

§ 326. Each of the justices may, within the city of New-York, administer an oath, or take a deposition, or the acknowledgment or knowledg proof of the execution of a written instrument, and certify the same, in like manner and with like authority and effect, as a justice of the supreme court.

ments, etc.

Orders,

etc., how

made.

Clerk, dep uty clerk

ants.

§327. In an action brought in the court, an order cannot be made, or a warrant of attachment granted, by an officer, other than a justice of the court; and each provision of this act, which empowers an officer, other than a judge of the court in which an action is brought, to make an order therein, must be construed as being exclusive of an action brought in the marine court.

§ 328. The court has a clerk, who is appointed, and may be removed, and assist at pleasure, by the justices thereof, or a majority of them. He must, by a written instrument under his hand, filed in his office, appoint. and may at pleasure remove three deputy-clerks, and not more than ten assistants. The clerk is responsible for the faithful discharge of his duty, by each deputy clerk and each assistant. The clerk, each deputy-clerk, and each assistant, is entitled to a salary, fixed and to be paid as prescribed by law.

General

duties of deputy clerk.

Special deputy clerks.

Clerk to account

monthly

for fees, and pay Over the same.

Stenographers.

$329. The clerk, and also each deputy-clerk, before he enters upon the duties of his office, must subscribe, and file in the office of the clerk of the city and county of New York, the Constitutional oath of office. The deputy-clerk has all the powers, and may perform all the duties of the clerk, when the office of clerk is vacant, or at the clerk's office, when the clerk is absent therefrom, or at a term or sitting of the court which the deputy-clerk attends.

§ 330. The clerk may designate as many of his assistants, as the justices of the court, or a majority of them, deem necessary, as special deputy-clerks. Each special deputy-clerk possesses, in the absence of the clerk and a deputy-clerk, the same powers as the clerk, at any sitting or term of the court which he attends, with respect to the business transacted thereat.

§ 331. The clerk must receive, for the use of the city of New York, the fees allowed by law. He shall not perform any service, for which a fee is allowed by law, until the fee therefor is paid to him. He must, on the first day of each month, or within three days thereafter, render to the comptroller of the city an account, under oath, of all fees received, directly or indirectly, during the preceding month, by him, or by a deputy-clerk, or either of his assistants, for any official service; and he must, at the same time, pay the same into the treasury of the city of New York. When the return and payment are so made, the clerk is entitled to receive his compensation, for the period included in the return. He is not entitled to compensation for a period for which he has not made his return and payment.

§ 332. The clerk of the court must appoint three stenographers of the court, and may at pleasure remove either of them. The justices

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