Words used in this act in the past or present tense include the future as well as the past or present; words used in the masculi gender include the feminine and neuter; the singular number includes the plural and the plural the singular; the word "person" includes a corporation as well as a natural person: writing includes printing, printed or typewritten matter; "path" includes affirmation or declaration; "signature or subscrip tion includes "mark," when the person cannot write, his nam being written near it. The following terms also named in this act have the signification attached to them in this section, unless otherwise apparent from the context: 1. The word "attorney signifies an attorney of the supreme court of this state, duly licensed to practice as such. 2. The word court. "district" signifies a district of the municipal 3. The word "clerk" signifies the clerk or assistant clerk. 4. The word "marshal" signifies any person authorized to per form the duties of a marshal. 66 5. The word corporation "includes every association having any corporate rights, whether created by special acts of the legis lature or under general laws. L. 1882, ch. 410, § 1437. § 361. Saving clause. The repeal of a law or any part of it specified in the annexed schedule, shall not affect or impair any act done or right accruing. accrued or acquired, or liability, forfeiture or penalty incurred prior to September first, nineteen hundred and two, under or by virtue of any law so repealed, but the same may be asserted. enforced, prosecuted or inflicted, as fully and to the same extent as if such law had not been repealed; nor shall this act create a vacancy in any office or employment. All actions and proceed ings commenced under or by virtue of the laws so repealed and pending on September first, nineteen hundred and two, may be prosecuted in the same manner and with the same effect as they might under laws then existing, unless it shall be otherwise specially provided. Nothing in this act contained, shall be construed as affecting any existing provision of law so far as previsions apply to any portion of the state, other than the city of New York. L. 1882, ch. 410, § 2143. § 362. Construction. The provisions of this act, so far as they are substantially the same as those of laws existing prior to September first, nineteen hundred and two, shall be construed as a continuation of such laws, modified or amended, according to the language employed in this act, and not as a new enactment; a reference in laws not repealed, to provisions of law incorporated into this act and repealed, shall be construed as applying to the provisions so incorporated. Where, in the charter, as amended in nineteen hundred and one, the term "hereinafter prescribed" or words equivalent thereto are used in sections relating to the municipal court, which are unrepealed, the reference shall be deemed to extend to this act. § 363. Sections of the code not applicable. The provisions of sections thirty-two hundred and seven to thirty-two hundred and fourteen, inclusive, of the code of civil procedure, do not apply to actions or proceedings in this court, except as specially provided in this act. § 364. Laws repealed. The laws or parts thereof, specified in the schedule hereto annexed and all acts amendatory thereof or supplemental thereto, in force when this act takes effect, are hereby appealed. § 365. Act may be cited. This act may be cited as the municipal court act of the city of New York. § 366. When to take effect. This act shall take effect on the first day of September, nineteen hundred and two. SCHEDULE OF LAWS REPEALED. Of, "The Greater New York charter, as enacted in 1897 and amended in 1901," the following sections: Of "The New York city consolidation act, of eighteen hundre and eighty-two," as amended to nineteen hundred and two, the following sections: Subject matter. Jurisdiction. Jurisdiction in general. No jurisdiction in certain cases. Removal of actions to common pleas. Former jurisdiction except as modified by code contained. Action by mayor, etc. Court where and when held. Parties, appearance of. Guardian ad litem for infant. Return. Non-resident plaintiff. Summons; mode of service. Warrants of attachment to be served by marshal. Process not to be served out of city. Arrest; in what cases to be granted. Affidavit and undertaking, on. Arrests to enforce game laws. Order of arrest; what to direct. Papers delivered to arrested person; proceeding. Plaintiff to be notified of arrest. Bail or deposit after return. Section. 1284.. 1285.. 1286. 1287. 1288. 1289.. 1290. 1291. 1292. 1293. 1294. 1295. 1296. 1297. 1298. 1299. 1300. 1301. 1302. 1303. 1304. 1305. 1306. 1307. 1308. 1309. 1310. 1311. 1312. 1313. 1314. 1315. 1316. 1317. 1318. 1319. 1320. 1321 1322. 1323. 1324. 1325. 1326. 1327. 1328. Effect of vacating warrant. Judgment where property attached. Foreclosure of lien on chattel. Replevin; when action can be brought. Affidavit and undertaking. Requisition by justice. How requisition executed. Return to requisition. Defendant when to except to sureties; proceedings thereon. Justification of sureties. When and to whom marshal to deliver chattel. Penalty for wrong delivery by marshal. Claim of title by third person. Proceedings where summons not personally served. Pleading: takes place on return of summons; verified complaint. 1350. 1351. 1352. 1353. 1354. 1355. 1356. 1357. 1358. 1359. 1360. 1362. 1363. 1364. 1365. 1366. 1367. 1368. 1369. 1370. 1371. 1372. 1373. 1374. 1375. 1376. 1377. 1378. 1379. 1380. 1381. 1382. 1383. 1384. 1385. 1386. 1387. 1388.. 1389.. 1393. 1394.. 1395. Action against joint debtors. 1396. 1397. 1398. 1399. 1400. Pleadings in action on bastardy bonds. Idem; defendant to deliver undertaking. Idem; new action to be brought in supreme court. Penalty for failure to deliver undertaking. Title appearing for plaintiff's showing. Title; same cause of action and defense in new action. Answer of title one or more of several defenses; proceedings. Summary proceedings; return of precept. Summary proceedings; answer may be filed. Adjournments time, etc.; effect upon arrest. Conditions may be imposed for adjournment. Dismissal of action for plaintiff's failure to appear. Defaults; judgments may be opened, vacated, modified, etc. Swearing the jury. Non-suit; when authorized. Judgment for plaintiff on default. Issues fact and law; judgment when rendered. Judgment, when sum due exceeds jurisdictional amount. Actions may be continued before another Justice. Death or removal not to impair proceedings. Transcripts of judgments and docketing. Replevin; Judgment in, etc; transcript. Defendants not summoned to be designated. Docketing Judgment in another county. Judgment against marshal. Execution; requisites. Against joint debtors. 1401. Execution; arrest. Section. 1426.. 1428. 1429. 1436. 1437. 1438. 1439. 1440. 1700. 1701. 1702. 1703. 1704. 1705. 1706. 1707 1708. 1709. 1710. 1711. Certain laws to sheriffs made applicable. OF "THE CODE OF CIVIL PROCEDURE," THE FOL Justice sixth district Brooklyn, to be attorney. Justices' salaries, fees, etc. Clerk; how appointed; salary, bond, etc. When plaintiff may serve complaint with summons, etc. Setting aside default, etc. Costs upon recovery of one hundred dollars. Costs when defendant recovers judgment. Costs upon adjournment. Jurisdiction civil action New York city (old) exclusively. When order of arrest may be granted. Requisites of certain undertakings. Docketing judgments; execution, etc. Enforcement of certain judgments of working woman. 1411-12 |