Слике страница
PDF
ePub

or against any of the parties in said action or proceeding as may be just and equitable.

Added by L. 1901, ch. 286, in effect April 5, 1901.

§ 282. [Added, 1915; am'd 1917.] Additional judges. The number of judges to constitute the court of claims may be increased to not more than five as provided by this section. An additional judge of the court of claims heretofore appointed pursuant to this section is continued in office until February first, nineteen hundred and eighteen. If the presiding judge of such court shall prior to February first, nineteen hundred and eighteen, or at any time thereafter certify to the governor in writing that the accumulation of business in the court of claims requires for the disposal thereof an additional judge or judges, specifying the number, not more than two, and the term for which such additional judge or judges should be appointed, not exceeding three years, the governor may appoint, by and with the advice and consent of the senate, such additional judge or judges, for such term, each of whom shall be an attorney and counselor-at-law, admitted to practice in the courts of this state of at least ten years' experience in practice. If a vacancy shall occur otherwise than by expiration of term in the office of any additional judge, his successor shall be appointed by the governor, by and with the advice and consent of the senate, for the unexpired term of his predecessor in office. An additional judge appointed pursuant to this section shall, during his term of office, receive the same compensation and be allowed his expenses, payable at the same time and in the same manner as a judge of the court of claims. Except as herein provided the provisions of section two hundred and sixty-three relating to judges of the court of claims shall apply to any such additional judge.

Added by L. 1915, ch. 1; amended by L. 1917, ch. 255, in effect Apr. 24, 1917.

§ 283. [Added, 1916.]

Determination of appropriation

cases; assignment of judges.

At least two of the judges of the court of claims shall be designated by the presiding judge thereof to devote their entire time, or so much thereof as shall be necessary, to the hearing and determination of claims filed against the state arising out of the appropriation of lands, structures, waters, franchises or other property in connection with the improvement of the Erie, Champlain and Oswego canals as provided by chapter one hundred and forty-seven of the laws of nineteen hundred and three, and acts amendatory thereof and supplemental thereto, the Cayuga and Seneca canals as provided by chapter three hundred and ninety-one of the laws of nineteen hundred and nine, and acts amendatory thereof and supplemental thereto, and for the purpose of furnishing proper terminals and facilities for barge canal traffic as provided for by chapter seven hundred and fortysix of the laws of nineteen hundred and eleven, and acts amendatory thereof and supplemental thereto. Such designations of judges may be changed in the discretion of the presiding judge, provided at least two of such judges be at all times assigned to the hearing and determination of such claims. Nothing in this section contained, however, shall be construed to limit the power of the judges so designated, or either of them. from hearing and determining claims other than such appropriation cases whenever and to the extent that it appears to the satisfaction of such judges, or either of them, that such

appropriation cases do not require their attention or that of either of them.

Added by L. 1916, ch. 343, in effect April 27, 1916.

284. [Added, 1916.] Calendar practice.

A calendar shall be prepared by the clerk of the court of claims for each regular session thereof. Such calendar shall be comprised of all pending claims in the district where such session is to be held and the claims shall appear therein in the order of the date of the filing thereof respectively. The attorneygeneral may notice any of such claims for trial at any such term by serving upon the attorney for the claimant a notice of trial at least fourteen days before the commencement of such term. When any claim of the character mentioned in the last preceding section is reached for trial by the court, if the claimant fails to appear, or if he appears but is not ready to proceed to the trial thereof, the court, in its discretion, may proceed forthwith to take proofs and testimony therein offered by the state or otherwise, and may make an award in accordance therewith and cause a judgment to be entered thereon. If, in such a case, the court shall decide not to proceed forthwith to take such proofs and testimony, interest shall not accrue or be allowed upon such claim between such date and the entry of judgment in such case, unless, in the exercise of its discretion, for good cause shown, the court shall otherwise determine.

When any claim other than one of those mentioned in the last preceding section is noticed for trial as herein provided, if the claimant fails to appear, the court, upon the motion of the attor ney-general, may dismiss the same, in which event such default shall not be opened nor shall such claim be restored to the calendar except upon the motion of the attorney for the claimant, based upon affidavits showing a reasonable and satisfactory excuse for such default and that such claim is a meritorious one. Such notice of motion and the affidavits upon which the same is based shall be served upon the attorney-general at least eight days before such application, unless a shorter time shall be ordered by the court. Whenever any interest-bearing claim, other than one of those mentioned in the last preceding section,

CIVIL

shall have been dismissed and thereafter restored to the calendar as herein provided, no interest shall accrue or be allowed thereon between the date of such dismissal and the entry of judgment

in such case.

Added by L. 1916, ch. 343, in effect April 27, 1916.

#263-313. [Repealed by L. 1895, ch. 946.]

§ 314. [Repealed by L. 1877, ch. 416.]

13

49d

TITLE IV.

The City court of the city of New-York.

Sec. 315. Jurisdiction.

316. The last section limited.

317. Jurisdiction in special causes.

318. Power to naturalize aliens.

319. Removal of action to supreme court from city court.

319-a. Removal of cause in certain cases from city court to supreme court. 319-b. Vacation of judgment in certain cases.

320. Justices; their general duties.

321. How suspended from office.

322. Chief-justice; how designated; his general duties, etc.

323. Justices may make rules.

324. Court when open; justice to designate terms; routine of business.

325. Terms, where held; publication of appointments.

326. Justices may take oaths, acknowledgments, etc.

327. Orders, etc., how made.

328. Clerk, deputy-clerk and assistants.

329. General duties of deputy-clerk.

330. Special deputy-clerks.

331. Clerk to account monthly for fees, and pay over the same.
332. Stenographers.

333. Interpreter.

334. Id.; penalty for misconduct.

335. Clerk must appoint attendants, etc.

336. Clerks, interpreter and attendants not to receive fees.

337. Suspension of an officer of the court.

338. What mandates may be executed without the city.
339. Direction and execution of mandates.
339-a. Destruction of useless records.

§ 315. [Am'd, 1895, 1911.] Jurisdiction.

The jurisdiction of the city court of the city of New York, extends to the following cases:

1. An action against a natural person, or against a foreign or domestic corporation, wherein the complaint demands judgment for a sum of money only, or to recover one or more chattels, with or without damages for the taking or detention thereof.

2. An action to foreclose or enforce a lien upon real property in the city of New York, created as prescribed by statute, in favor of a person, who has performed labor upon, or furnished materials to be used in the construction, alteration or repair of a building, vault, wharf, fence, or other structure, or who has graded, filled in, or otherwise improved, a lot of land, or the sidewalk or street in front of or adjoining a lot of land. 3. An action to foreclose or enclose a lien, for a exceeding five thousand dollars, exclusive of interest, upon one or more chattels.

sum not

4. The taking and entry of a judgment, upon the confession of one or more defendants, where the sum, for which judgment is confessed, does not exceed five thousand dollars, exclusive of interest from the time of making the statement, upon which the judgment is entered.

Am'd by L. 1895, ch. 946; L. 1911, ch. 569, in effect Sept. 1, 1911.

So in original.

[ocr errors]

§ 316. [Am'd, 1911.] The last section limited. The jurisdiction conferred by the last section is subject to the following limitations and regulations:

1. In an action wherein the complaint demands judgment for a sum of money only, the sum, for which judgment is rendered in favor of the plaintiff, cannot exceed five thousand dollars, exclusive of interest, and costs as taxed; except where it is brought upon a bond or undertaking given in an action or special proceeding in the same court, or before a justice thereof; or to recover damages for a breach of promise of marriage; or where it is a marine cause, as that expression is defined in the next section. Where the action is brought upon a bond or other contract, the judgment must be for the sum actually due, without regard to a penalty therein contained; and where the money is payable in instalments, successive actions may be brought for the instalments, as they become due.

2. In an action to recover one or more chattels, a judgment cannot be rendered in favor of the plaintiff, for a chattel or chattels, the aggregate value of which exceeds five thousand dollars. 3. [Repealed, Laws 1889, ch. 441.]

Am'd by L. 1911, ch. 569, in effect Sept. 1, 1911.

317. [Am'd, 1895.] Jurisdiction in special causes.

The city court of the city of New York possesses the same jurisdiction in the following actions as the supreme court of the State:

1. An action in favor of a person, belonging to a vessel in the merchant service, against the owner, master, or commander thereof, for the reasonable value of services, or for the breach of a contract to pay for services, rendered or to be rendered on board of the vessel, during a voyage, wholly or partly performed, or intended to be performed by it.

2. An action in favor of or against a person, belonging to or on board of a vessel in the merchant service to recover damages for an assault, battery, or false imprisonment, committed on board the vessel, upon the high seas, or in a place without the United States.

But this section does not confer upon the city court authority to proceed, as a court of admiralty or maritime jurisdiction.

L. 1895, ch. 946; L. 1872, ch. 629, § 3, subd. 13, and 14; and 2 R. S., § 106.
318. [Am'd, 1911.] Power to naturalize aliens.
The court shall have power to naturalize aliens.

L 1852, ch. 389, part of § 10. Am'd by L. 1911, ch. 569, in effect Sept.

1, 1911.

$319. [Am'd, 1895.] from city court.

Removal of action to supreme court

The supreme court, at a term held in the first judicial district, may, by an order made at any time after joinder of an issue of fact, and before the trial thereof, remove to itself an action brought in the city court, for the purpose of changing the place of trial thereof. Where an order for removal is made, as prescribed in this section, the place of trial must be changed by the same order to another county, and the subsequent proceedings therein must be the same as if the action had been originally brought in the supreme court. The provisions of sections 344, 345 and 346 of this act apply to an application to remove such an action, and to the proceedings upon and subsequent to the removal, as if the city court were specified in those sections in place

« ПретходнаНастави »