TITLE VII. Of Justices' and other inferior Courts in cities. CHAPTER I. The marine court of the city of New York. II. The justices' courts in the city of New York. IV. General provisions. CHAPTER I. The Marine Court of the city New York. § 65. Its Jurisdiction. (Same as §58 in 1848.) The marine court of the city of New York shall have jurisdiction in the following cases, and no other: 1. In actions similar to those in which courts of justices of the peace have jurisdiction, as provided by sections 53 and 54. 2. In an action upon the charter or a by-law of the corporration of the city of New York, where the penalty or forfeiture shall exceed twenty-five dollars, and not exceed one hundred dollars. 3. In 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 such vessel, during a voyage performed, in whole or in part, or intended to be performed, by such vessel, though the sum demanded exceed one hundred dollars. 4. In an action by or against any person belonging to or on board a vessel in the merchant service, for an assault and battery or false imprisonment, committed on board such vessel, upon the high seas, or in a place without the United States, of which the ordinary courts of law of this state have jurisdiction, though the damages demanded exceed one hundred dollars. But nothing in this or the last preceding subdivision of this section, shall give the court power to proceed in any of the cases therein referred to, as a court of admiralty or maratime jurisdiction. Questions. 1. Q. How many justices of the marine court are to be elected, and how are they to be elected? 2. Q. How are the justices classified, after their election? 3. Q. What are the terms of office of the justices? 4. Q. How is the clerk of this court appointed, and what is his term of office? 5. Q. How is the compensation of the justices and clerk of this court fixed? 6. Q. To what amount is the jurisdiction of the court increased over that prescribed by the laws of 1813? 7. Q. What part of the Revised Statutes is made applicable to these courts? 8. Q. When is the court authorized to issue commissions to take testimony? 9. Q. To what amount is the jurisdiction of the court extended, and what costs can be allowed in cases of default? 10. Q. How is the court provided with a seal? 11. Q. When and how long may the court postpone the trial of a cause? 12. Q. What former acts are repealed? 13. Q. What provision is made for the appointment of necessary officers to attend the court? 14. Q. In what additional actions has this court jurisdiction, and to what amount? 15. Q. To what additional amount is the jurisdiction of the court extended? 16. Q. What amount of costs are allowed the plaintiff, where the defendant does not appear? 17. Q. What amount of costs are allowed the defendant where he succeeds on the trial? 18. Q. What provision is made for opening defaults, and appeals to the general term ?. 19. Q. What acts are repealed? 20. Q. How and by whom is process in this court to be served? 21. Q. What are the fees for the service of process? 22. Q. How is the evidence of service of process made, when served by any person except the sheriff? 23. Q. How is judgment entered in actions on contract, upon service of summons and verified complaint, where defendant fails to answer? 24. Q. Must the defendant answer in writing—and when may the clerk adjourn the cause? 25. Q. How are deputy and assistant clerks appointed, and how is their conpensation fixed? 26. Q. What are the fees to be paid in this court? 27. Q. What acts are repealed? 28. Q. To what amount is jurisdiction given this court in actions against the Mayor, &c., of the city of New York? 29. Q. What provision is made for appeals by the Mayor, &c., of the city of New York! 30. Q. How is summons to be served in actions against the Mayor, &c., of the city of New York? 31. Q. What courts have exclusive jurisdiction of all actions and special proceedings wherein the Mayor, &c., of the city of New York are party defendants? 32. Q. Can an attorney practice in this court without a license from the supreme court? 33. Q. Are the rules of the supreme court applicable to this court? 34. Can a city marshal's bond be prosecuted in this court? 35. Q. What sections of the Code are made applicable to this court? 36. Q. Has this court power to refer causes? 37. Q. When can the issues in an action be referred? 38. Q. How is the reference to be tried-what powers has the referee, and what effect has his report? 39. Q. What are the fees of the referee, and how are they to be paid? 40. Q. Has this court power to allow extra costs? 41. Q. How is the expense of printing on appeal allowed? 42. Q. Is this court one of special and limited jurisdiction, which requires a party who sets up its authority to show complete jurisdiction? 43. Q. Has this court power to appoint a crier, whose services are to be a county charge? 44. Q. Can a non-resident plaintiff, on taking out a short summons, give a bond with a non-resident surety? 45. Q. When does the jurisdiction of this court to $500, control the costs claimed in an action brought in a court of record, to that amount ? 46. Q. Has this court any admiralty jurisdiction; and has it power to allow a suit to be brought against any person by a fictitious name? 47. Q. Is it requisite that the summons issued by this court, should state the nature or cause of action? 48. Q. Has a party a right, on showing that the justice before whom his cause is called, is a material witness for him, to have the cause tried before another justice? 49. Q. How and when should this court render judgment, on default or on trial? 50. Q. Has the court power, without proof, to order a judgment to stand, which had once been vacated, and the cause subsequently noticed for trial? 51. Q. Has this court power to issue execution against the person? 52. Q. Has this court the power to bring in other parties, as have courts of record, for a complete determination of the controversy ? 53. Q. Has a justice of this court power to open a regular judgment for plaintiff, after he and his witnesses have left court, on application of defendant? 54. Q. Has this court authority to dismiss a complaint the same as all courts of record? 55. Q. Has this court jurisdiction of an action against_executors or administrators, or apen bonds given by them officially? 56. Q. Will a writ of prohibition issue to correct irregularities or errors of this court, where it has not transcended its jurisdiction? 57. Q. How are attachments issued from this court, and how served? 58. Q. Does pleading to the merits waive all matter in abatement? 59. Q. After a trial has commenced in this court, what power has the justice to adjourn it ? 60. Q. Are the pleadings in this court and the New York district courts required to be as precise as in other courts? 61. Q. Will irrelevant testimony, &c., received on the trial without objection, be noticed on appeal! 62. Q. When will the appellate court refuse to set aside a judgment of this court taken by default? 63. Q. Can the appellate court order a reversal of a judgment of this court without costs? 64. Q. Can the parties voluntarily submit a cause in this court? 65. Q. Is the marine court a court of justice of the peace? 66. Q. What power has the common pleas over judgments of this court after transcript filed? 67. Q. Is an undertaking necessary on an appeal from a single judge to the general term? 68. Q. What costs are allowed on appeals from a single justice to the general term? 69. Q. How is a case or exceptions to be prepared on appeal from the special to the general term? 70. Q. What jurisdiction has this court under the mechanic's lien law? 71. Q. Can a judgment of this court be sustained, rendered solely upon a statement of facts submitted by the attorneys of the respective parties? 72. Q. When and how should this court grant a non-suit? 73. Q. What objections does a defendant waive in this court by pleading to the merits? 74. Q. Has this court jurisdiction of an action where title to real estate is pleaded} 75. Q. Can an appellate court appoint a guardian for an infant party pending an appeal? 76. Q. When should this court demand the authority of an attorney to appear for a party? 77. Q. Has this court power to amend process and pleadings? 78 Q. Must the plaintiff prove his case, though the defendant does not appear? 79. 2. Has this court power to extend the time to appeal to the general term? 80. Q. Has the clerk of this court power to enter judgment? 81. Q. What power has the general term of this court in reversing judgments and ordering new trials, &c.? Q. How many justices of the marine court are to be elected, and how are they to be elected? A. "An act in relation to the marine court of the city of New York. Passed April 17, 1852." § 1. There shall be elected at the next general election to be held in and for the city and county of New York, on the first Tuesday after the first Monday of November next, three justices of the marine court of the city of New York, and all the provisions of law in relation to the general elections in the city and county of New York shall apply to the election of said justices. 2. Q. How are the justices classified after their election? A. 2. The justices so elected shall, immediately after the votes are canvassed, be classified by lot, to be publicly drawn by the register and clerk of the city and county of New York, in the presence of the mayor or recorder of said city, and the certificate of such drawing and classification shall be signed by such register and clerk and by the attending mayor or recorder, and filed in the offices of the register and clerk. The classes shall be numbered first, second and third, according to the term of service of each; the first class being that which has the shortest time to serve. The term of office of each of such justices shall commence on the second Tuesday of May, one thousand eight hundred and fifty-three; and the term of the justice of the first class shall expire on the thirty-first day of December, 1855; of the justice of the second class on the thirty-first day of December, 1857; and of the justice of the third class on the thirty-first day of December, 1859. 3. Q. What are the terms of office of the justices? 4. § 3. After the expiration of the terms of office under such classification, the term of office of all the justices of the said marine court shall be six years, and one justice shall be elected at the expiration of every two years; and any vacancy occurring in the offices created by this chapter shall be filled in the manner prescribed by law for filling vacancies in the offices of the justices of the superior court of the city of New York. 4. Q, How is the clerk of this court appointed, and what is his term of office? A. 4. There shall be appointed by the supervisors of the city and county of New York, on or before the second Tuesday of May, in the year one thousand eight hundred and fifty-three, and on or before the first day of January in every four years thereafter, a clerk of the marine court, whose term of office shall commence on the second Tuesday of May, one thousand eight hundred and fifty-three, and hold his office until the thirtyfirst day of December, one thousand eight hundred and fifty seven, unless sooner removed for cause. The clerk subsequently appointed as aforesaid shall hold his office for the term of four years from the thirty-first day of December next following his appointment, unless sooner removed for cause. 5. Q. How is the compensation of the justices and clerk of this court fixed? A. § 5. The said justices and clerk shall each receive an annual compensation, to be fixed by the supervisors of the city and county of New York, and which shall not be diminished during their term of office, and which shall be in lien of all fees and perquis ites; and upon such compensation being so fixed, all provisions of law providing for any other compensation are therefrom repealed. 6. Q. To what amount is the jurisdiction of the court increased over that prescribed by the laws of 1813? 4. 6. The words "twenty-five dollars," first occurring in the one hundred and thirty-fourth section of the act entitled "An act to reduce several laws relating particularly to the city of New York into one act," passed April 9, 1813, is so amended as to read "fifty dollars." 7. Q. What part of the Revised Statutes is made applicable to these courts? 4. 7. Section ten and subdivisions one, two, three, four, five and six, and also sections eleven, twelve, thirteen, fourteen and fifteen, of chapter third, part third and title second of the Revised Statutes, concerning criminal contempts, and all provisions of law for enforcing a compliance with said sections and subdivisions, shall apply to the marine court of the city of New York. 8. Q. When is the court authorized to issue commissions to take testimony? A. 8. It shall be lawful for the said court to issue commissions to take testimony of witnesses residing out of the city and county of New York, and to be read on the trials of actions pending in said court, in the same manner as justices of the peace now by law are authorized to do, which power and authority is hereby extended so as to authorize commissions to issue out of the state of New York. 9. Q. To what amount is the jurisdiction of the court extended, and what costs can le allowed in cases of default? A. § 9. In all cases in which the jurisdiction of the said marine court is now limited so that there can be no recovery therein for a larger amount than one hundred dollars, the jurisdiction is hereby extended so that in such actions the recovery of either party may hereafter be to the amount of two hundred and fifty dollars, with the costs as now allowed by law in said court, and in addition thereto, in cases of default, where defendant does not appear, when such recovery shall exceed the sum of one hundred dollars, the sum of five dollars; and in all such cases, when an issue shall be joined and a trial had, the sum of ten dollars. 10. Q. How is the court provided with a seal? 4. § 10. The common council of the city of New York shall provide the clerk of the marine court with a seal, such as they deem proper, which seal so furnished shall be the seal of the said court. But nothing herein contained shall authorize said court to issue certificates of naturalization. 11. Q. When and how long may the court postpone the trial of a cause ? A. 11. If, in any suit to be brought in the marine court, before the said justices, the plaintiff shall make oath that he or she cannct, for the want of some material evidence or witness, safely proceed to trial, the court may, in its discretion, and upon such terms a3 may be deemed proper, postpone the trial for such reasonable time as will enable the plaintiff to procure such evidence or witness; provided such time shall not exceed three calendar months. 12. Q. What former acts are repealed? A. § 12. All former acts or parts of acts of the legislature of this state, inconsistent with this act, are hereby repealed. 13. Q. What provision is made for the appointment of necessary officers to attend the court? A. "An act in relation to the superior court, and the court of common pleas, and the marine court, for the city of New York. Passed July 13, 1853; three-fifths being present." 1. The provisions of section twenty-eight of the act entitled "An act to amend the act entitled 'An act to simplify and abridge the practice and pleadings of the courts of this state,' passed April 11, 1819," passed July 10, 1851, shall apply to the court of common pleas for the city and county of New York, and the superior court and marine court of said city; and the said court shall appoint the officers necessary to attend such courts, whose salaries shall be fixed by the board of supervisors and paid out of the city treasury. 2. This act shall take effect immediately. 14. Q. In what additional actions has this court jurisdiction, and to what amount? A. "An act in relation to the marine court of the city of New York. Passed July 21, 1853." 1. The marine court of the city of New York shall have jurisdiction over and cognizance of actions of assault and battery, false imprisonment, malicious prosecution, libel and slander, where the damages claimed do not exceed five hundred dollars; and the costs in all such actions, when prosecuted in any other court in the city of New |