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transferred accordingly. If hc refuse to do so, the supreme court, at a special term in the district, or a judge thereof, may, upon motion after due notice, order the transfer to be made.

$ 150. The times and places of holding the city courts, shall continue as at present prescribed, until the thirtyfirst day of December, 1850, inclusive, and no longer,

§ 151. After that time, a term of each of these courts, for the trial of issues and for the hearing and determination of all matters appertaining to its civil or criminal jurisdiction, must be held, at such times and places in their respective cities as the common conncil thereof may by ordinance prescribe, and must be continued as long as the public interests require. The court is always open for the transaction of any other business.

CHAPTER XII.

THE JUSTICES' COURTS.

ARTICLE I. The justices' courts, in general.

II. The justices' courts, held by justices of the peace.
III. The justices' courts of the cities of Albany, Hudson and Troy.
IV. The justices' courts in the city of New-York.

This chapter embraces a new arrangement of the justices' courts, assimilating their names as well as their jurisdiction. The jurisdiction of these courts is rendered uniform, and with the exception of taking from them the power to try actions upon promises to marry, it is substantially the same as in the existing code. Their organization, which is scattered through various statutes, and is very anomalous in its character, while preserved to the extent rendered necessary, is made as uniform as possible.

ARTICLE I.

THE JUSTICES' COURT3, IN GENERAL.

SECTION 152. Justices' courts continued. Their names.

153-155. Their jurisdiction.

§ 152. The courts known as the courts of justices of the

peace, the justices' courts of the cities of Albany, Hudson and Troy, and the justices' courts of the several justices' districts in the city of New-York, are continued, with the jurisdiction conferred by the next three sections, and no other, and are in this code denominated justices' courts. But nothing contained in this section affects their jurisdiction in actions or proceedings now pending therein, nor does it affect any judgment or order already made, or proceeding already taken.

§ 153. These courts have jurisdiction of the following actions and proceedings:

1. Of an action arising on contract, for the recovery of money only, if the sum claimed do not exceed one hundred dollars :

2. Of an action for damages for an injury to the person, or to real property, or for taking, detaining, or injuring personal property, if the damages claimed do not exceed one hundred dollars :

3. Of an action for a penalty, not exceeding one hundred dollars, given by statute :

4. Of an action upon a bond, conditioned for the payment of money, not exceeding one hundred dollars, though the penalty exceed that sum: the judgment to

be given for the sum actually due.

When the payments are to be made by instalments, an action may be brought for each instalment as it becomes due:

5. Of an action upon a surety bond or undertaking taken by them, though the penalty or amount claimed exceed one hundred dollars :

6. To take and enter judgment on the confession of a defendant, when the amount confessed does not exceed two hundred and fifty dollars :

7. In the cities of Albany, Hudson, New-York and Troy, of an action, upon the charter or upon a by-law of the corporation of those cities respectively, when the penalty or forfeiture does not exceed one hundred dollars.

§. 154. The jurisdiction conferred by the last section does not extend, however, to a civil action,

1. In which the title to real property shall come in question :

2. Nor for an assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation or seduction, or upon a promise to marry.

3. Nor involving a matter of account, when the sum total of the accounts of both parties, proved to the satisfaction of the court, exceeds four hundred dollars :

4. Nor of an action against an executor or administrator, as such.

§ 155. The following actions can, however, be brought in these courts, only when the cause of action, or some part of it, arose in the town, city or district in which they are established, or when the defendant resides, or having absconded from his residence, is found therein,

1. For the recovery of a forfeiture or penalty given by statute :

2. Against a public officer or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who, by his command or in his aid, does any thing touching the duties of such officer.

ARTICLE II.

THE JUSTICES' COURTS HELD BY JUSTICES OF THE PEACE.

SECTION 156. Every justice of the peace must hold a justice's court in his town or

city, except as in next two sections.
157. When disqualified.
158. When not obliged to hold court.
159. Action, in what town or city to be brought.
160. Courts, where held and when opened.

§ 156. Every justice of the peace must hold a justice's court in the town or city in which he is elected, denominated a justice's court of that town or city, except as provided in the next two sections.

§ 157. If the justice be an inn-holder or tavernkeeper, he is disqualified from holding a court as provided in the last section ; but if a judgment have been actually rendered by him, before his becoming so disqualified, he may issue execution thereon as in other § 158. If he be a member of t'e legislature, or a county judge, he is not obliged to hold a justice's court, as provided in section 156, but may do so or not, at his option.

cases.

§ 159. 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 town or city in which either the plaintiff or defendant, or one of several plaintiffs or defendants resides, or in another town in the same county, next adjoining the residence of the plaintiff or defendant.

2. If the defendant have absconded from his resi

dence, in a court held in the town or city in which he or his property may be:

3. If the plaintiff or defendant do not reside in the county, it may be brought in a court held in the town or city in which either the plaintiff or defendant may be:

4. If the defendant be a corporation, created under the laws of this state, in a court held in the town or city 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.

$ 160. These courts may be held at any place desig. nated by the justice holding the same, in the town or

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