of New-York, or in a justices' court of a city, being a court not of record.

7. An action to recover one or more chattels, with or without damages for the taking, withholding, or deten tion thereof, where the value of the chattel, or of all the chattels, as stated in the affidavit made on the part of the plaintiff, does not exceed two hundred dollars. Code of Proc., 2 53, amended. Coulter v. Am. U. Ex. Co.. 56 N. Y. 585; Boomer v. Laine, 10 Wend. 525; Walker v. Cruikshank, 2 Hill, 296; Hallock v. Dominy, 69 N. Y. 238; Kernan v. Hammer, 1 Sheldon, 264; Farrington v. Bullard, 40 Barb. 512; Cobb v. Curtiss, 8 Johns. 469; Rey nolds v. Maynard, 1 How. App. Cas 620; Betts v. Hillman, 15 Abb. 184; O'Neil v. Martin, 1 E. D. Smith; 2 Daly, 240; Parker v. Eaton, 25 Barb. 122; Glackin v. Zeller, 52 id. 147; Ex parte Mills, 10 Wend. 557; Brady v. Durbrow, 2 E. D. Smith, 78; Crim v. Cronkhite, 15 How. 250.

§ 2863. [Amended, 1882.] No jurisdiction in certain cases. But a justice of the peace cannot take cognizance of a civil action, in either of the following cases:

1. Where the people of the State are a party, except for one or more fines or penalties not exceeding two hundred dollars. 2. Where the title to real property comes in question, as prescribed in title third of this chapter.

3. Where the action is to recover damages for an assault, battery, false imprisonment, libel, slander, criminal conversation, seduction, or malicious prosecution, or where it is brought under sections eighteen hundred and thirty-seven, eighteen hundred and forty-three, eighteen hundred and sixty-eight, nineteen hundred and two, or nineteen hundred and sixty-nine of this act.

4. Where, in a matter of account, the sum total of the accounts of both parties proved to the satisfaction of the justice, exceeds four hundred dollars.

5. Where the action is brought against an executor or administrator as such, except where the amount of the claim is less than the sum of fifty dollars, and the claim has been duly presented to the executor or administrator and rejected by him. In effect Sept. 1, 1895; L. 1895, ch. 527.

Code of Proc., 8 51. Rich v. Hogeboom, 4 Denio, 453; Bull v. Colton, 22 Barb. 94; Bellinger v. Ford, id. 250; Rockwell v. Perine, 5 id. 573: Worden v. Brown, 14 How. 327; White . Seaver, 25 Barb. 235; Stilwell v. Staples, 3 Abb. 365; Abernathy e. Abernathy, 2 Cow. 413: Mateson v. Bloomfield, 10 Wend. 535, 557; Crim v. Cronkhite, 15 How. 250; Brady v. Durbrow, 2 E. D. Smith, 78; Ward . Ingraham, 1 id. 538; Willoughby v. Jenks, 20 Wend. 96; Klen v. Gibney, 24 How. 31; Hauptman v. Catlin, 20 N. Y. 247; Salter e. Parkhurst, 2 Daly, 210; Williams v. Carroll, 2 Hilton, 438; Coon v. Brook, 21 Barb. 546; Parker v. Eaton, 25 id. 122; Glackin v. Zeller, 52 id. 147; Ex parte Mills, 10 Wend. 557.

§ 2864. Confession of judgment. A justice of the peace has also jurisdiction to render judgment, upon the confession of a defendant, as prescribed in title sixth of this chapter, where the sum confessed does not exceed five hundred dollars.

Code of Proc., 53, subd. 8. Chapin v. Churchill, 12 How. 367.

Chambers v. Clearwater, 1 Keves, 310; s. c., 41 Barb. 200; Cornell . Cook, 7 Cow. 310; Stone v. Stilwell, 40 Barb. 322; Pollock v. Aldrich, 17 How. 109.

2865 [Amended, 1882.] Actions by and against officers, etc.; and by executors, etc.-An action, cognizable by a justice of the peace, may be brought by or against a corporation; by or against a natural person in his own right; by or against a town or county officer in his official character; or by an executor or administrator, trustee of an express trust, or a receiver in supplementary proceedings.

2 R. S. 226, 5 (2 Edm. 241); L. 1847, ch. 470, 8 45 (4 Edm. 589). Paulding v. Hudson Manuf'g Co., 2 E. D. Smith, 38; s. c., 3 C. R. 223.

§ 2866. Tavern-keepers disqualified. A justice of the peace, who is an innholder or tavern-keeper in fact, has no power or jurisdiction under any provision of this chapter; but if a judgment has been actually rendered by him, before he became so disqualified, he may give a transcript thereof, or issue execution thereupon, or satisfy the judgment, upon payment thereof.

L. 1847, ch. 140 (4 Edm. 548). See Rice v. Milks, 7 Barb. 337; Clayton v. Per Dun, 13 Johns. 218.

§ 2867. Members of legislature not compelled to act. -A justice of the peace, who is a member of the senate or assembly, is not obliged to take cognizance of a civil action or special proceeding; but he may take cognizance thereof, in his discretion.

2 R. S. 226, 27 (2 Edm. 242), amended.

§ 2868. Justices to hold courts; general powers. A justice of the peace must hold, within his town or city, a court for the trial of any action or special proceeding, of which he has jurisdiction, brought before him. He must hear, try, and determine the same, according to law and equity; and for that purpose, where special provision is not otherwise made by law, the court is vested with all the necessary powers possessed by the supreme court.

Id., 1, amended.

$2869. In what town, etc., action must be brought An action must be brought before a justice of a town or city wherein one of the parties resides, or a justice of an adjoining town or city in the same county, except in one of the following cases:

1. Where the defendant has absconded from his residence, it may be brought before a justice of the town

or city in which the defendant, or a portion of his property, is at the time of the commencement of the action.

2. [Amended, 1895.] Where the plaintiff is not a resident of the county, or if there are two or more plaintiffs when all are non-residents thereof, it must be brought in the town where the defendant resides, or in any adjoining town thereto. In effect September 1, 1895; Laws 1895, ch. 153.

3. Where the defendant is a non-resident of the county, it may be brought before a justice of the town or city, in which he is at the time of the commencement of the action.

4. Where it is specially prescribed by law, that a particular action may be brought before a justice of the town, city, county, or district, where an offense was committed, or where property is found.

5. [Added, 1893.] In any town adjoining an incorporated city, no justice of such town shall have jurisdiction of any action brought by or against a resident of such adjoining city, unless at least one of the parties to the action is a resident of such town. Took effect March 1, 1893; Laws 1893, ch. 74.

A defendant designated in section 2879, section 2880, or section 2881 of this act, is deemed, for the purposes of this section, a resident of the town or city where the person, to whom a copy of the summons is delivered, resides.

§ 2870. Criminal contempt.-A justice of the perce has power to punish, for a criminal contempt, a person guilty of either of the following acts:

1. Disorderly, contemptuous, or insolent behavior towards him, while engaged in the trial of an action, the rendering of a judgment, or any other judicial proceeding; where such behavior directly tends to inter rupt the proceedings, or to impair the respect due to his authority.

2. Breach of the peace, noise, or other disturbance, directly tending to interrupt his official proceedings. 3. Resistance wilfully offered, in his presence, to the execution of his lawful mandate.

He has not power to punish, for a criminal contempt, in any other case.

2 R. S. 273, 274 (2 Edm. 281). Onderdonk v. Ranlett, 3 Hill, 223; Robbins v. Gorham, 25 N. Y. 588; 26 Barb. 586; People ex rel. Benjamin, 9 How. 419; Rutherford v. Holmes, 66 N. Y. 368.

§ 2871. Ia.; how punished. - Punishment for a contempt, specified in the last section, may be by fine not exceeding twenty-five dollars, or by imprisonment in the county jail not exceeding five days, or both, in the discretion of the justice. Where a person is com mitted to prison for the non-payment of such a fine, he must be discharged at the expiration of ten days; but where he is also committed for a definite time, the ten days must be computed from the expiration of the def. inite time.

Id., 275, amended.

§ 2872. Offender to be heard. - A person shall not be punished by a justice of the peace, for a contempt, until an opportunity has been given him to be heard in his defence. And, for that purpose, the justice must issue a warrant, directed, generally, to any constable of the county, requiring the constable to bring the offender before him.

Id., 276, amended.

§ 2873. Record of conviction. - A justice, who convicts a person of a contempt, must, within ten days after the conviction, make up, subscribe, and file in the county clerk's office, a record thereof, stating therein the particular circumstances of the offence, and the punishment awarded by him upon the conviction.

Id., 277, amended.

§ 2874. Requisites of commitment.

- A warrant of commitment for a contempt must set forth the particular circumstances of the offence; otherwise it is void. Id., 278.

2875. Fine to be paid to overseer or superintend ent of the poor. An officer, who collects or receives a fine, imposed by a justice of the peace for a contempt, must, within ten days thereafter, pay the money, for the benefit of the poor, to the overseer or superintend ent of the poor of the town, city, or district, wherein the fine was imposed; or, where there is no such officer, to the officer or officers performing corresponding func tions under another name; unless the board of supervisors has directed the payment of fines and penalties to the supervisor of the town, in a case where it is authorized by law so to do.

New.

TITLE II.

Commencement of action; appearance of parties ; pro visional remedies.

ARTICLE 1. Commencement of action.

2. Appearance of parties.
3. Order of arrest.

4. Attachment of property.
5. Replevin.

ARTICLE FIRST.

COMMENCEMENT OF ACTION.

BEC. 2876. Action; how commenced.

2877. Contents of summons.

2878. Service of summons.

2879. Id.; upon a corporation.

2880. Id.; special provision relating to railroad corporations.
2881. Id.; relating to express companies.

2882. Last two sections qualified.

2883. Second and third summons; effect thereof.
2884. Where name of defendant is unknown.
2885. Return of summons.

2876. Action; how commenced. An action is commenced before a justice of the peace, either by the voluntary appearance and joinder of issue by the par ties, or by the service of a summons.

2 R. S. 227, 11, 12 and 13 (2 Edm. 243). Andrews v. Thorp, 1 E. D. Smith, 615; Clapp v. Graves, 26 N. Y. 418; Sagendorph v. Shutt, 41 Barb. 102; Davis v. Jones, 4 How. 340; Lester v. Crary, 1 Denio, 81.

§ 2877. Contents of summons.-The summons must be directed, generally, to any constable of the county where the justice resides; and it must command him to summon the defendant to appear before the justice, at a place specified therein, to answer the complaint of the plaintiff in a civil action. Where the summons is accompanied with an order to arrest the defendant, it must be made returnable immediately upon the arrest of the defendant, within twelve days after the day when it was issued; in every other case, it must be return able at a time therein specified, not less than six nor more than twelve days after the day when it was issued.

Id., 14, amended. People ex rel. Schwartz, 3 Abb. N. S. 395; Jager v. Hannah, 6 Hill, 631; Bryan v. Cain. 1 Den. 507; Bradbury v. Van Nostrand, 45 Barb. 194; Gates v. Ward, 17 id. 424; Agreda v. Faulberg, E. D. Smith, 178; Gilmore . Jacobs, 48 Barb. 336; Hoffman v. Fish, 18 Abb. 76; Schroepel v. Taylor, 10 Wend. 196; Humphrey v. Persons, 23 Barb. 313; Smith v. Joyce, 12 id. 21; Reno v. Pinder, 20 N. Y. 298.