SEC. 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. Justice's jurisdiction must be specially con ferred by law. A justice of the peace has such juris. diction in civil actions and special proceedings, as is specially conferred upon him by statute, and no other.

New. See Code of Proc., 8 53. Sagendorf v. Shult, 41 Barb. 102; Hard v. Shipman, 3 id. 621; Humphrey v. Persons, 23 id. 313; Foster v. Hazen, 12 id. 547; Sperry v. Reynolds, 65 N. Y. 179; Barnaman v. Williams, 18 Abb. 158; Koon v. Mazuzan, 6 Hill, 44; Law v. Rice, 8 Johns. 409; Striker v. Mott, 6 Wend. 465; Onderdonk v. Ranlett, 3 Hill, 323; Juernsey v. Lowell, 9 Wend. 319; Baldwin v. McArthur, 17 Barb. 415; Chapin v. Churchill, 12 How. 367; In re Hopper, 5 Paige, 489; Carring ton v. Andrews, 12 Abb. 348; Place v. Butternuts Woolen Manufacturing Co., 28 Barb. 503; Travis v. Jenkins, 30 How. 152; Schoonmaker v. Clearwater, 41 Barb. 200; Birdsall v. Fuller, 11 Hun, 204.

§ 2862. General civil jurisdiction.-Except as otherwise prescribed in the next section, a justice 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.

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 deten. tion 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.

Code of Proc., 53, amended. Coulter v. Am. U. Ex. Co., 56 N. Y. 585; Boomer . Laine, 10 Wend. 525; Walker v. Cruikshank, 2 Hill, 296; Hallock v. Dominy, 69 N. Y. 238; Kernan v. Hammer, 1 Sheldon, 264; Farrington v. Bullard. 40 Barb. 512; Cobb v. Curtiss, 8 Johns, 469; Rey. nolds . Maynard, 1 How. App. Cas 620; Betts . Hillman, 15 Abb. 184; O'Neil v. Martin, 1 E. D. Smith; 2 Daly, 240; Parker . Eaton, 25 Barb. 122; Glackin v. Zeller, 52 id. 147: Ex parte Mills, 10 Wend. 557; Brady v. Durbrow, 2 E. D. Smith, 78; Crim v. Cronkhite, 15 How. 250.

2863. [Amended, 1882.] No jurisdiction in certain cases. But a justice of the peace cannot take cognizance of a civil 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, or where it is brought under sections eighteen hundred and thirty-seven, eighteen hundred and forty-three, eighteen hundred and sixty-eight, nineteen hundred and two, or nineteen hundred and sixty-nine of this act.

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.

Code of Proc., 251. Rich v. Hogeboom, 4 Denio, 453; Bull v. Colton, 22 Barb. 94; Bellinger v. Ford, id. 250; Rockwell v. Perine, 5 id. 573; Worden v. Brown, 14 How. 327; White v. Seaver, 25 Barb. 235: Stilwell 2. Staples, 3 Abb. 365; Abernathy v. Abernathy, 2 Cow. 413; Mateson v. Bloomfield, 10 Wend. 555, 557; Crime. Cronkhite, 15 How. 250; Brady v. Durbrow, 2 E. D. Smith, 78: Ward v. Ingraham, 1 id. 538; Willoughby v. Jenks, 20 Wend. 96; Klen v. Gibney, 24 How. 3L; Hauptman v. Catlin, 20 N. Y. 247; Salter v. Parkhurst, 2 Daly, 240; Williams v. Carroll, 2 Hilton, 438; Coon e. Brook, 21 Barb. 546; Parker v. Eaton, 25 id. 122; Glackin v. Zeller, 52 id. 147; Ex parte Mills, 10 Wend. 557.

§ 2864. Confession of judgment. 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.

Code of Proc., 53, subd. 8. Chapin v. Churchill, 12 How. 367

Chambers v. Clearwater, 1 Keyes, 310; S. C., 41 Barb. 200: Cornell v. Cook, 7 Cow. 310; Stone v. Stilwell, 40 Barb. 322; Pollock v. Aldrich, 17 How. 109.

2865 [Amended, 1882.] Actions by and against officers, etc.; and by executors, etc.-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, trustee of an express trust, or a receiver in supplementary proceedings.

2 R. S. 226, 5 (2 Edm. 241); L. 1847, ch. 470, 245 (4 Edm. 589). Paulding v. Hudson Manuf'g Co., 2 E. D. Smith, 38; s. c., 3 C. R. 223.

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

L. 1847, ch. 140 (4 Edm. 548). See Rice v. Milks, 7 Barb. 337; Clayton v. Per Dun, 13 Johns. 218.

§ 2867. Members of legislature not compelled to act. -A justice of the peace, who is a member of the senate or assembly, is not obliged to take cognizance of a civil action or special proceeding; but he may take cognizance thereof, in his discretion.

2 R. S. 226, 87 (2 Edm. 242), amended.

§ 2868. Justices to hold courts; general powers.A justice of the peace must hold, within his town or city, a court for the trial of any action or special proceeding, of which he has jurisdiction, brought before him. He must hear, try, and determine 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.

2869. In what town, etc., action must be brought An action must be brought before a justice of a town or city wherein one of the parties resides, or a justice of an adjoining 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 nonresidents 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.

A defendant designated in section 2879, section 2880, or section 2881 of this act, is deemed, for the purposes of this section, a resident of the town or city where the person, to whom a copy of the summons is delivered, resides.

Id., 22 8 and 9. Sherwood v. Saratoga and W. R. R. Co., 15 Barb. 650; Lapham v. Rice, 55 N. Y. 472; Blatchly v. Moser, 15 Wend. 215; Holmes v. Carley, 31 N. Y. 289; 32 Barb. 440, Houghtaling v. Groesbeck, 51 N. Y. 673; Hunter v. Burtes, 10 Wend. 358; Onderdonk v. Ranlett, 3 Hill,

323.

2870. Criminal contempt.-A justice of the peace has power to punish, for a criminal contempt, a person guilty of either of the following acts:

1. Disorderly, contemptuous, or insolent behavior towards him, while engaged in the trial of an action, the rendering of a judgment, or any other judicial pro ceeding; where such behavior directly tends to inter rupt the proceedi his authori

or to impair the respect due to

noise, or other disturbance,
official proceedings.
in his presence, to the

for a criminal contempt,

Underdonk v. Ranlett, 3 Hill, 323; Barb. 586; People ex rel. Benjamin 66 N. Y. 368.

§ 2871. Id.; how punished.-Punishment for a contempt, specified in the last section, may be by fine not exceeding twenty-five dollars, or by imprisonment in the county jail not exceeding five days, or both, in the discretion of the justice. Where a person is committed to prison for the non-payment of such a fine, he must be discharged at the expiration of ten days; but where he is also committed for a definite time, the ten days must be computed from the expiration of the def. inite time.

Id., 275, amended.

§ 2872. Offender to be heard. A person shall not be punished by a justice of the peace, for a contempt, until an opportunity has been given him to be heard in his defence. And, for that purpose, the justice must issue a warrant, directed, generally, to any constable of the county, requiring the constable to bring the offender before him.

Id., 276, amended.

2873. Record of conviction. - A justice, who convicts a person of a contempt, must, within ten days after the conviction, make up, subscribe, and file in the county clerk's office, a record thereof, stating therein the particular circumstances of the offence, and the punishment awarded by him upon the conviction,

Id., 277, amended,

§ 2874. Requisites of commitment.

A warrant of commitment for a contempt must set forth the particular circumstances of the offence; otherwise it is void. Id., 278.

§ 2875. Fine to be paid to overseer or superintendent of the poor.- An officer, who collects or receives a fine, imposed by a justice of the peace for a contempt, must, within ten days thereafter, pay the money, for the benefit of the poor, to the overseer or superintend ent of the poor of the town, city, or district, wherein the fine was imposed; or, where there is no such officer, to the officer or officers performing corresponding func tions under another name; unless the board of super. visors has directed the payment of fines and penalties to the supervisor of the town, in a case where it is authorized by law so to do.

New.