Page images
PDF
EPUB

city for which he is elected; and they are always open

for the transaction of business.

ARTICLE III.

THE JUSTICES' COURTS OF THE CITIES OF ALBANY, HUDSON and troy.

[blocks in formation]

§ 161. There are three justices of each of these courts, elected by the electors of the cities in which they are established.

§ 162. Either of the justices of these courts may hold the court in the city in which he is elected.

§ 163. These courts must be held at the places appointed pursuant to law, or if there be none, at such places as may be from time to time appointed by the common council of their cities, at ten o'clock on every judicial day, and must continue in session as long as the public interests require.

ARTICLE IV.

THE JUSTICES' COURTS IN THE CITY OF NEW-YORK.

SECTION 164, 165. Justices' districts in New-York.

166. Actions, where to be brought.

167. Justices of these courts.

168. Court in each district, by whom held.

169. Proceedings, when justice is disqualified.
170. Courts, when and where held.

§ 164. The city of New-York is divided into six justices' districts, in which there shall continue courts de

nominated the justices' courts of the first, second, third, fourth, fifth and sixth districts of that city, respectively.

§ 165. The districts mentioned in the last section are as follows:

1. The first district embraces the first, second, third and fifth wards:

2. The second district embraces the fourth, sixth and fourteenth wards:

3. The third district embraces the eighth and ninth wards:

4. The fourth district embraces the tenth, fifteenth and seventeenth wards:

5. The fifth district embraces the seventh, eleventh and thirteenth wards:

6. The sixth district embraces the twelfth, sixteenth and eighteenth wards.

§ 166. An action of which these courts have jurisdiction, as provided in sections 153 to 155, both inclusive, must be brought,

1. In a court held in the district in which either the plaintiff or defendant, or one of several plaintiffs or defendants, resides:

2. If none of the parties reside in the city of NewYork, in any of these courts, at the election of the plaintiff:

3. If the defendant be a corporation created under the laws of this state, in a court held in the district in which it transacts its general business or keeps an office or has an agency established for the transaction. of business, or is established by law.

§ 167. There is a justice of each of these courts, elected by the electors of the district in which it is established.

§ 168. The justice elected in each district must hold the court therein; or if his office be vacant, it may be held by a justice elected in another district, to be designated by the common council.

§ 169. If a justice be disqualified from holding the court as provided in section 188, he must, upon the request of either party, file with the county clerk, a certificate, stating the fact constituting the disqualification, and directing that the action be transferred to the justice's court of another district designated by him; and it shall be transferred accordingly. If he refuse to do so, the supreme court at a special term in the same judicial district, or a judge thereof, may, upon motion, after due notice, order the transfer to be made.

§ 170. These courts must be held at the places in their districts, now or hereafter appointed by the common council of the city of New-York, at such hours on every judicial day, as the respective justices may direct,

and must continue in session as long the public inte

rests require.

CHAPTER XIII.

THE MARINE COURT OF THE CITY OF NEW-YORK.

SECTION 171. This court continued.

172. Its jurisdiction.

173. Judges of the court.

174. Court, when and where held.

§ 171. The court, known as the marine court of the city of New-York, is continued, with the jurisdiction conferred by the next section, and no other. But nothing contained in this section affects its jurisdiction of actions or proceedings now pending therein; nor does it affect any judgment or order already made, or proceeding already taken.

§ 172. The marine court of the city of New-York has jurisdiction of the following actions and proceedings:

1. Of the actions and proceedings enumerated in sections 153 to 155, both inclusive:

2. Of an action between a person belonging to a vessel in the merchant service, and the owner, master or commander thereof, demanding compensation for the performance, or damages for the violation of a contract for services on board the vessel, during a voyage performed, in whole or in part, or intended to be performed by the vessel, though the sum demanded exceed one hundred dollars.

[blocks in formation]

3. Of an action by or against a person belonging to or on board of a vessel in the merchant service, for an assault and battery or false imprisonment, committed on board the vessel, upon the high seas, or in a place without the United States, of which the ordinary courts of this state have jurisdiction, though the damages ges demanded exceed one hundred dollars. But nothing in this or the last subdivision of this section, gives this court power to proceed, in any of the cases therein referred to, as a court of admiralty or maritime jurisdiction.

§ 173. There are two judges of this court, elected by the electors of the city and county of New-York. Either of them may hold the court.

§ 174. The court must be held at the city hall in the city of New-York at ten o'clock on every judicial day, and must continue in session as long as the public interests require.

CHAPTER XIV.

THE POLICE COURTS.

SECTION 175. Courts of special sessions abolished, and police courts substituted. 176, 177. Their jurisdiction.

178. When and by whom held in the city and county of New-York.
179. In the other counties.

§ 175. The courts of special sessions now existing, or which may be organized in be organized in pursuance of any statutory provision now in force, are abolished; and courts to be known as the police courts, as organized by this code, are substituted in their stead.

« PreviousContinue »