$8. Every surrogate shall carefully file and preserve all affidavits, TITLE 2. petitions, reports, accounts, and all other papers belonging to his court; and all such papers, and the books kept by him, shall belong and appertain to his office, and be delivered to his successor.

Papers, &c to be preserved.

to obey pro

cess.

$9. Every sheriff, jailer, coroner, or other executive officer, to Sheriffs, &c. whom any citation, subpoena, attachment, or other process, issued by a surrogate's court, may be directed or delivered for the purpose of being executed, shall execute the same, in the same manner as if issued by a court of record, and for any neglect or misfeasance therein, shall be subject to the same penalties, actions and proceedings, as if the same had occurred in relation to any process issued by courts of record.

tested cases.

$10. In all cases of contest before a surrogate's court, such court Costs in conmay award costs to the party in the judgment of the court entitled thereto, to be paid either by the other party personally, or out of the estate, which shall be the subject of such controversy.

successor.

$ 11. Upon the office of any surrogate becoming vacant, his suc- Powers of cessor shall have power and authority to complete any business that may have been begun, or that was pending before such surrogate.2

risdiction in

S 12. When jurisdiction shall have been acquired by any surro- Exclusive ju gate's court, in relation to any matter or proceeding, such jurisdiction, certain cases. over the same matter and all its incidents, shall be exclusive of all other surrogates, except when otherwise provided by law. And whenever any guardian shall have been appointed, or any other proceeding shall have been commenced, in relation to any other matter, in any surrogate's court, all other proceedings in relation to such guardian or other matter, shall be had and continued in the surrogate's court of the same county.

counsel. &c.

S 13. No surrogate shall be counsel, solicitor or attorney, for or Not to be against any executor, administrator, guardian or minor, in any civil in certain caaction, over whom or whose accounts he could have any jurisdiction by law.

ses.

TITLE II.

OF THE COURTS OF SPECIAL SESSIONS OF THE PEACE.

SEC. 1. By whom such courts may be held in New-York.

2. Sheriffs to execute judgments, &c.; how authenticated.
3. By whom such courts may be held in other counties.

be held in

$1. Courts of special sessions of the peace may be held in and for By whom to the city and county of New-York, by any three judges of the court of New-York. common pleas of the said city and county, of whom the first judge of said court, the mayor or recorder of said city, shall always be one, in the cases and for the purposes provided by law.3

(2) 1 R. L. p, 455. (3) 2 R. L. p. 504, § 13; 354, § 41; 508, § 8.

TITLE 3. $ 2. The judgments and orders of the said court, shall be executed by the sheriff of the said city and county, by virtue of a warrant under &c. how exe- the hand and seal of the first judge, mayor or recorder, who presided; or of the persons who formed such court.1

Judgments,

cuted.

By whom

held in other counties.

$3. Courts of special sessions of the peace for the several counties of this state, other than the city and county of New-York, may be held in and for any county, by three justices of the peace of the same county, or by two such justices and one judge of the county courts of such county, in the cases, and for the purposes, provided by law."

Marine court in New-York

Assistant justices' courts

TITLE III.

OF SPECIAL JUSTICES' COURTS IN THE SEVERAL CITIES OF THIS
STATE.

SEC. 1. Marine court in New-York.

2. Assistant justices' courts in New-York.

3. Justices' court in Albany.

4. Justices' court in Hudson.

5. Powers, jurisdiction and mode of proceeding of such courts.

$1. The justices of the marine court of the city of New-York, are authorised and required to hold a court in the said city, to be known by the name of "The Marine Court of the city of New-York."

$2. Each of the assistant justices of the city of New-York is auin New-York thorised and required to hold a court within the ward or wards for which he may be appointed."

Justices' court in Albany.

Justices'

court in Hud

son.

Their jurisdiction.

S3. The justices of the justices' court of the city of Albany, are authorised and required to hold a court in the said city, to be known by the name of "The Justices' Court of the city of Albany."8

S4. The justices of the justices' court of the city of Hudson, are authorised and required to hold a court in the said city, to be known by the name of "The Justices' Court of the city of Hudson."

$5. The several courts enumerated in this Title, shall respective ly possess the jurisdiction and powers, be held at the times and places, and proceed in the manner, specially provided by law.

TITLE IV.

OF COURTS HELD BY JUSTICES OF THE PEACE.

ART. 1. Of the jurisdiction of justices' courts.

ART. 2. Of the commencement of suits, and the service and return of process.

ART. 3. Of the appearance of parties.

ART. 4.-Of pleadings and of set-offs.

ART. 5.-Of adjournments.

(4) 2 R. L. p. 504, § 14. (5) Ib. p. 507, § 4. (6) Ib. p. 381, § 106; Laws of 1819, p. 74. (7) 2 R. L. p. 370, § 85; Laws of 1820, p. 3, § 1; of 1825, p. 286, § 3; of 1827, p. 157, § 4. (9) Ib. 1822, p. 226.

(8) Laws of 1821, p. 36.

ART. 6. Of compelling the attendance of witnesses.

ART. 7.-Of the trial of issues of fact, and the incidents thereto.

ART. 8. Of judgments, and filing transcripts thereof.

ART. 9. Of executions; of sales thereon, and of imprisonment.

ART. 10.-Of the removal of causes to the court of common pleas, by certiorari.

ART. 11. Of appeals to the courts of common pleas.

ART. 12. Of the fees of officers, and of witnesses and jurors, for services under this Title.
ART. 13.—General provisions concerning justices' courts, and proceedings therein.

ART. 1.

ARTICLE FIRST.

Of the Jurisdiction of Justices' Courts.

SEC. 1. Justices authorised to hold courts; their general powers.
2. Cases and proceedings within their jurisdiction, enumerated.
3. Covenant may be brought before them on certain bonds.

4. Cases in which they are excluded from jurisdiction.

5. Actions by and against certain officers, and by executors and corporations.

6. Justices becoming inn-holders, not to have jurisdiction, &c.

7. Justices being members of legislature or county judges, not obliged to act.
8 & 9. Within what towns actions to be brought.

10. Aldermen of Albany may try certain actions.

hold courts.

$1. Every justice of the peace elected in any town of this state, Justices to or appointed for any city in which special courts are not established by law, is hereby authorised to hold a court for the trial of all actions in the next section enumerated, and to hear, try and determine the same, according to law and equity; and for that purpose, where no special General provision is otherwise made by law, such court shall be vested with powers. all the necessary powers which are possessed by courts of record in this state.10

$ 2. Every such justice shall have jurisdiction over, and cogni- cases, &c. zance of, the following actions and proceedings:

1. Actions of debt, covenant and assumpsit, wherein the debt or balance due, or the damages claimed, shall not exceed fifty dollars: 2. Actions of trespass and trespass on the case, for injuries to persons, or to real or personal property, wherein the damages claimed shall not exceed fifty dollars:

3. All actions for any penalty not exceeding fifty dollars, given by any statute of this state:

4. All actions commenced by attachment of property, as herein after provided, wherein the debt or damages claimed, shall not exceed one hundred dollars: and,

5. To take and enter judgment on the confession of a defendant, where the amount confessed shall not exceed two hundred and fifty dollars.11

within their

jurisdiction.

certain cases

3. When there shall be a bond with a penalty exceeding fifty Covenant, in dollars, with condition for the payment of a sum of money not exceeding fifty dollars, or for the payment of several sums of money, by (10) Laws of 1824, p. 279, § 1. (11) Ib. & § 12.

TITLE 4. instalments, the aggregate of which instalments shall not exceed fifty dollars, an action of covenant may be maintained on such condition in a justice's court; and a recovery for either of such instalments shall not bar a subsequent suit for the other instalments, or either of them. $ 4. But no justice of the peace shall have cognizance of any jurisdiction. action,

Cases not within their

Actions by & against town

1. Wherein the people of this state shall be named as a party, excepting suits for penalties not exceeding fifty dollars:

2. Nor where the title to land shall in any wise come in question, as herein after provided:

3. Nor of any action of assault, battery, false imprisonment, slander, or malicious prosecution:

4. Nor of any matters 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 actions against executors, or administrators as such, or against corporations.12.

$5. Actions cognizable before a justice, may be brought by and officers, &c. against all persons who sue or are sued in their own right, and by and against all town and county officers, in their official character;

Executors, and by executors, administrators and corporations.12

&c.

Tavernkeepers not to act.

Members of legislature,

es, &c.

$6. If after the election of any person as a justice of the peace, he shall become an inn-holder or tavern-keeper, in fact, he shall not have any power or jurisdiction under the provisions of this Title; but he may issue execution upon any judgment actually rendered by him before he became so disqualified.13

$7. No justice of the peace, being a member of the senate or ascounty judg-sembly, or being a judge of any county court, shall be obliged to take cognizance of any action, or to entertain any proceedings under the provisions of this Title; but he may act therein, or not, at his discretion.13

Actions to be brought in

certain towns

Ib.

S8. Every such action shall be brought before some justice of the town, wherein either,

1. The plaintiffs, or any one of them, reside: or,

2. Where the defendants, or any one of them, reside: or,

3. Before some justice of another town in the same county, next adjoining the residence of the plaintiff or defendant. 14

$9. But if a defendant has absconded from his residence, such action may be brought before a justice of the town in which such defendant or his property may be; and if the plaintiffs be all non-residents of the county, or if the defendant be a non-resident of the county, then such action may be brought before any justice of the town, in which such plaintiffs or defendant may be.14

(12) Laws of 1824, p. 279, § 1. (13) Ib. § 28. (14) Ib. § 30.

Aldermen of

$10. Any alderman of the city of Albany, may try any action ART. 2. brought to recover a penalty, to the amount of twenty-five dollars or under, incurred under any of the by-laws of the said city, but shall Albany. have no other jurisdiction under the provisions of this Title.15

ARTICLE SECOND.

Of the Commencement of Suits, and the Service and Return of

Process.

SEC. 11. Suits how commenced; process enumerated.

12. When suits deemed to have been commenced.

13. In what cases summons to be first process.

14. Contents of summons; when to be made returnable.

15. At what time and how summons to be served

16. How to be returned.

17. Cases in which warrant shall be issued.

18. Cases in which warrant or summons may be issued

19. Warrant not to issue without previous affidavits.

20. Contents of warrant.

21. How served; when defendant to be carried before another justice. 22. Return of warrant how made, and its contents.

23. Bond to be given before warrant to issue to detain a canal boat.

24. Penalty and condition of bond.

25. Defendant, how long to be kept in custody on a warrant.

26. Cases in which attachments may be issued.

27. By what creditors application to be made.

28. Proofs necessary; subpoenas for witnesses to establish debts.

29. Bond with surety to be given; penalty and condition.

30. What attachment must contain.

31. Duty of constable in executing attachment.

32. Removal of goods may be prevented by bond; its condition, &c.

33. Claimant of goods attached, may give bond to retain them.

34. Constable to deliver up goods on receiving bond.

35. Attachment how to be returned; papers to accompany it.

36 & 37. Proceedings on bond given by claimant.

38. When bond of claimant may be prosecuted by defendant in attachment.

S 11. Suits may be instituted before a justice, either by the volun- Suits, how tary appearance and agreement of the parties, or by process; when commenced. by process, it shall be either a summons, a warrant or an attachment.

S 12. Suits shall be considered as commenced at the times follow- When to be ing:

1. Upon process, by warrant, at the time of the arrest of the defendant :

2. Upon process by attachment or summons, on the day when the process shall be delivered to the constable. But if two or more suits be commenced, by summons or attachment, on the same day, the suit. in which the process was first served, shall be deemed to have been first commenced:

3. Where the suit is instituted without process, at the time of the parties joining issue.16

deemed commenced.

S 13. The first process against freeholders, and against inhabitants Sammons, having families, except as is otherwise herein after directed, shall be when to be

(15) Laws of 1824, p. 279, § 28; of 1826, p. 190, § 11. (16) Ib. 1924, p. 282, § 7 & 8.

first process.