ᏢᎪᎡᎢ 1. Execution when issu able and returnable. 12. Execution may be issued on a judgment heretofore or hereafter rendered in a justices' court, at any time within five years after 1 Kern., 281 the rendition thereof, and shall be returnable sixty days from the date of the same. 16 Barb.,'337 Execution on justices' judgment docketed. 13. If the judgment be docketed with the county clerk, the execution shall be issued by him to the sheriff of the county, and have 3 Kern., 161. the same effect, and be executed in the same manner as other executions and judgments of the county court, except as provided in Requiring party to account. section 63. 14. The court may, at the joining of issue, require either party, at exhibit his the request of the other, at that or some other specified time, to exhibit his account on demand, or state the nature thereof, as far forth as may be in his power, and in case of his default preclude him from giving evidence of such parts thereof as shall not have been so exhibited or stated. Certain provisions to these 15. The provisions of this act, respecting forms of action, parties to applicable actions, the rules of evidence, the times of commencing actions, and the service of process upon corporations, shall apply to these courts. [As amended 1849, ch. 438; 1851, ch. 479; 1852, ch. 392.] courts.1 Its jurisdiction TITLE VII. Of Justices' and other Inferior Courts in Cities. CHAP. 1. The marine courts of the city of New York. 2. The justices' [district] courts in the city of New York. 4. General provisions. CHAPTER I. The Marine Court of the city of New York. Section 65. Its jurisdiction.2 $65. [Sec. 58.] 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; 124 Barb., 414; 22 do., 150; 11 do., 657: 12 How., 163; 11 do., 140; 10 do., 60; 8 do., 419. 2 The most if not all of section 65 has been repealed since 1849: the editors, however, have deemed it prudent to insert the said section. It will be seen that the jurisdiction of the marine court has been greatly extended by the following sections: "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 York, are hereby limited to the amount which would have been recovered in said marine court, if prosecuted therein; but in no such action shall the costs exceed the damages recovered. [1853, ch. 617, § 1.] "In cases where the jurisdiction of the said court is now limited, so there can be no recovery therein for a larger amount than two hundred and fifty dollars, the jurisdiction is hereby extended, so that in such cases the recovery of either party may hereafter be to the amount of five hundred dollars, notwithstanding that the accounts of both parties may exceed four hundred dollars. [Same ch., § 2.] "The marine court of the city of New York shall hereafter have no jurisdiction in actions against the mayor, aldermen and commonalty of the city of New York, in which the amount claimed by the plaintiff shall exceed two hundred dollars." [1858, ch. 334, § 2.] See also this vol., ante, page 376. 2. In an action upon the charter or a by-law of the corporation TITLE 7. 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 of 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 maritime jurisdiction. [As amended.'] CHAPTER II. The Justices' Courts in the city of New York. Section 66. Their jurisdiction.2 [The District Courts in the city of New York.] [Since 1849, section 66 has been superseded; the editors, therefore, here insert in place of said section the following:] courts to be [The justices' courts in the city of New York shall hereafter be Justices styled the district courts in the city of New York. [Part of of ch. 324 of 1852.] 1 styled dis trict courts. judicial districts. The city of New York is divided into seven judicial districts, in Number of which there shall continue courts denominated district courts of the first, second, third, fourth, fifth, sixth and seventh districts of that city respectively. [1857, ch. 344, § 1.] Jurisdiction of dis These courts have jurisdiction in the following actions: 1. In actions similar to those as provided by sections fifty-three trict courts and fifty-four of the Code of Procedure, where the sum recovered shall not exceed two hundred and fifty dollars, notwithstanding the accounts of both parties may exceed four hundred dollars; 2. In an action upon the charter, ordinance or by-law of the corporation of the city of New York, or a statute of this state, where the penalty shall not exceed two hundred and fifty dollars; 3. In any action commenced in pursuance of this section, where the claim or demand shall exceed the sum of one hundred dollars, upon the application of the defendant, the justice shall make an order removing the same, at any time after issue joined and before the trial of the same, into the court of common pleas in and 1 1849, chapter 438. 2 This section of the Code is in the words following: § 66. [Sec. 59.] The assistant justices' courts in the city of New York shall hereafter be styled the justices' courts in the city of New York, and shall have jurisdiction in the following cases: 1. In actions similar to those in which 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 corporation of the city of New York, where the penalty or forfeiture shall not exceed one hundred dollars. [As amended, 1849, ch. 438.] PART 2 for the city and county of New York, upon the defendant executing to the plaintiff an undertaking, with one or more sufficient sureties, to be approved of by the justice of the court in which such action is commenced, to pay to the plaintiff the amount of any judgment that may be awarded against the defendant by the said court of common pleas. [1857, ch. 344, § 3, as amendeď 1858, ch. 334, § 5.] Jurisdic tion, &c., not to The district courts of the city of New York shall hereafter have no jurisdiction in actions against the mayor, aldermen and comNew York, monalty of the city of New York.] [1858, ch. 334, § 1.] apply to Their CHAPTER III. The Justices' Courts of Cities. Section 67. Their jurisdiction. S67. The justices' courts of cities shall have jurisdiction in jurisdiction the following cases, and no other: Sections 55 to 64 appli courts embraced in this title. 6 Barb., 308. 1. In actions similar to those in which justices of the peace have jurisdiction, as provided by sections 53 and 54. 2. In an action upon the charter or by-laws of the corporations of their respective cities, where the penalty or forfeiture shall not exceed one hundred dollars.1 CHAPTER IV. General Provisions. Section 68. Sections 55 to 64 applied to the courts embraced in this title. $68. [Sec. 61.] The provisions of sections fifty-five to sixtycable to the four, both inclusive, relating to forms of action, to pleadings, to the times of commencing actions, to the rules of evidence, to filing and docketing transcripts of judgments, to their effect and the mode of enforcing them, and to proceedings where title to real property shall come in question, shall apply to the courts embraced in this title; except that, after the discontinuance of the actions in the inferior court upon an answer of title, the new action may be brought either in the supreme court or in any other court having jurisdiction thereof, and except also that in the city and county of New York a judgment for twenty-five dollars or over, exclusive of costs, the transcript whereof is docketed in the office of the clerk of that county, shall have the same effect as a lien, and be enforced in the same manner as and be deemed a judgment of the court of common pleas for the city and county of New York. [As amended 1849, ch. 438; 1851, ch. 479.] SEC. 69. Distinction between actions at law and suits in equity, and forms of such actions and suits, abolished. 70. Parties to an action, how designated. 71. Actions on judgments, when and how to be brought. 72. Feigned issues abolished, and order for trial substituted. between law and in $69. [Sec. 62.] The distinction between actions at law and Distinction suits in equity, and the forms of all such actions and suits, hereto- actions at fore existing, are abolished; and there shall be in this state here- equity, after but one form of action for the enforcement or protection of abolished. private rights and the redress of private wrongs, which shall be denominated a civil action. [As amended.'] $70. [Sec. 63.] In such action, the party complaining shall be Parties to known as the plaintiff, and the adverse party as the defendant.1 an action, how designated. Actions in when and brought. 636; $71. [Sec. 64.] No action shall be brought upon a judgment rendered in any court of this state, except a court of a justice of judgments the peace, between the same parties, without leave of the court for how to be good cause shown, on notice to the adverse party; and no action 2 Sand., 231, on a judgment rendered by a justice of the peace shall be brought Duer, 607. in the same county within five years after its rendition, except in case of his death, resignation, incapacity to act, or removal from the county, or that the process was not personally served on the defendant, or on all the defendants, or in case of the death of some of the parties, or where the docket or record of such judgment is or shall have been lost or destroyed. [As amended.'] issues abo 12 Barb.,385; *$72. [Sec. 65.] Feigned issues are abolished; and instead Feigned thereof, in the cases where the power now exists to order a feigned lished. issue, or when a question of fact, not put in issue by the pleadings, 5 How., 306. is to be tried by a jury, an order for the trial may be made, stating distinctly and plainly the question of fact to be tried, and such order shall be the only authority necessary for a trial.1 TITLE II. Of the time of commencing Civil Actions. CHAP. 1. Actions in general. 2. Actions for the recovery of real property. 3. Actions other than for the recovery of real property. CHAPTER I. The Time of commencing Actions in general. SEC. 73. Repeal of existing limitations. 74. Time of commencing civil actions. 1 1849, chapter 438. 3 Kern., 488; 2 do, 156, 266; 4 Comst., 600; 23 Barb., 228; 21 do., 424; 11 do., 595, 657; 9 do.. 667; 6 Duer, 168; 12 How., 523; 5 do., 188; 4 do, 427. 12 Barb., 385 PART 2. Repeal of existing 4 Kern., 16; * $73. [Sec. 66.] The provisions contained in the chapter of the Revised Statutes, entitled "Of actions and the times of commenclimitations; ing them," are repealed, and the provisions of this title are substi2 do, 65 tuted in their stead. This title shall not extend to actions already commenced, or to cases where the right of action has already accrued; but the statutes now in force shall be applicable to such cases, according to the subject of the action, and without regard to the form. [As amended.' ] 7 Barb., 445. Time for commenc ing civil actions. *$74. [Sec. 67.] Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall 2Kern, 635, have accrued, except where, in special cases, a different limitation 4 Seid, 362; is prescribed by statute, and in the cases mentioned in section seventy-three. But the objection that the action was not commenced within the time limited, can only be taken by answer. [As amended 1849, ch. 438; 1851, ch. 479.] 2 do., 268. When the CHAPTER II. The Time of commencing Actions for the Recovery of Real Property. SEC. 75. When the people will not sue. 76. When action cannot be brought by grantee from the state. 77. When actions by the people.or their grantees to be brought within twenty years. 78. Seizin within twenty years, when necessary in action for real property. 79. Seizin within twenty years, when necessary in action or defense founded on title to or rents of real property. 80. Action must be commenced within one year after entry, or within twenty years after right 81. Possession, when resumed; occupation deemed under legal title, unless adverse. 87. Right of possession not affected by descent cast. 88. Certain disabilities excluded from time to commence actions. *S 75. The people of this state will not sue any person for or people will in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless, not sue. 5 Seld., 291; 4 Coms., 508 When action cannot be 1. Such right or title shall have accrued within forty years before any action or other proceeding for the same shall be commenced; or unless, 2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of forty years.1 * 76. No action shall be brought for or in respect to real property, by any person claiming by virtue of letters patent, or grants bracht by from the people of this state, unless the same might have been commenced by the people as herein specified, in case such patent or grant had not been issued or made.1 grantee from the state. Action by the people to be brought within twenty years. *$77. When letters patent or grants of real property shall have been issued or made by the people of this state, and the same shall be declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion, or concealment, or forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title, in such case, an action for the recovery of the premises so conveyed may be brought either by the people of this state, or by any subsequent patentee or grantee 1 1849, chapter 438. |