views of the same or similar facts, even of separating conflicting cases on precisely the same point, and of requiring the lawyer to read all the cases under both headings to find all the law. Such a division of matter necessarily sacrifices accuracу, clearness and conciseness, as well as time and efficiency, and is never justifiable. Such a defect is caused by using both affirmative and negative headings; it may be avoided, and all related matters be annotated under one heading, by using only affirmative headings and by using the Star (*) to denote the negative. So herein every heading or Headline is affirmative, like "Particulars granted"; the negative is denoted by the Star (*), placed before the case cited, which means, reading "Not" into the Headline, "Particulars not granted." For illustration, all unstarred cases show what particulars are granted, and all starred cases show what particulars are "not" granted. Do not confuse the HEADLINE printed in capitals with the Subline printed in lower case black face. § 2. Constitution and powers of court. The city court of the city of New York shall consist of ten justices, one of whom is the chief justice of the court. Each justice must perform his share of the labors and duties appertaining to the office. One of the justices must attend at the chambers of the court, from ten o'clock in the morning until four o'clock in the afternoon of each day, except Sunday, a public holiday, or a day upon which the inhabitants of the city of New York generally refrain from business. Each justice, while in the rooms of the court, and not actually engaged in the performance of other official duties, must act upon any application for his official action, properly made to him. The justice, assigned to a trial term or a special term, must remain in attendance, until the day calendar is disposed of, or for such other time as is reasonable. EDITORIAL NOTES Source: CCP § 320 unchanged; from L 1849, ch 144, §§ 1, 8; L 1852, ch 389, § 1; L 1870, ch 580, § 2; L 1872, ch 629, § 4; 2 RL 383, § 108; amended by L 1877, ch 416; L 1907, ch 707. Text in italics is new matter, inserted by § 3. Suspension of justices from office. Where it appears presumptively, to the satisfaction of the governor, that a justice of the court has been guilty of corruption, or other gross misconduct in office; or habitually neglects to perform his share of the labors and duties appertaining to the office; or is incapable of properly discharging the same; the governor may, in his discretion, make an order, suspending that justice from the exercise of the duties of his office, and directing that his compensation cease. Such an order must recite the grounds upon which it is made; and it remains in force, unless it is sooner revoked by the governor, until the final adjournment of the next session of the legislature; or, if the legislature is then in session, until the final adjournment of that session. EDITORIAL NOTES Source: CCP § 321 unchanged; from L 1849, ch 144, § 9. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. § 4. Designation of chief justice and powers. The justices of the court, or a majority of them, must, from time to time, as a vacancy occurs in the office of chief justice, designate one of their number to be chief justice. A certificate of the desig nation, under the hands of the justices making the same, must be filed in the office of the clerk of the court. The person so designated shall be chief justice during his term of office. The chief justice has the like authority, within the jurisdiction of the court, as a presiding justice of the supreme court. EDITORIAL NOTES— Source: CCP § 322 unchanged; from L 1872, ch 629. § 4, first and second sentences; amended by L 1902, ch 515. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. SECTION CITED Not applied: (Dickson 45 Mis 572, 91 NYS 36). OFFICERS OF COURT Section 5. Officers of court and their salaries. 6. Duties of deputy clerk. 7. Designation of special deputy clerks. 9. Judgment docket. 10. Docket-book. 11. Appointment of stenographers. 12. Appointment of interpreters. 13. Attendance of official interpreter. 14. Appointment of attendants; their salary. 15. Fees of clerks, interpreters and attendants. 16. Oaths of office of officers. 17. Suspension of officers of court. § 5. Officers of court and their salaries. The court has a clerk who is appointed, and may be removed, by the justices thereof, or a majority of them, for cause upon charges and after a hearing after notice, and who shall receive a salary of six thousand dollars per annum. The justices of the court or a majority of them must appoint, and may remove, six deputy clerks and not more than twenty-one assistants and a stenographer and typewriter operator for the purpose of copying their minutes and opinions and doing such other confidential work which may be required by said justices or the clerk of the court. The clerk is responsible for the faithful discharge of his duty by each deputy clerk, and each assistant and the stenographer and typewriter operator. Each deputy clerk, each assistant, the messenger, and the stenographer and typewriter operator, is entitled to a salary, fixed and to be paid as prescribed by law. [As amended by L. 1921, ch. 614, § 1.] EDITORIAL NOTES Source: CCP § 328 unchanged; from L 1872, ch 438, § 1, part; L 1857, ch 295, § 6 part; amended in accordance with L 1873, ch 453, § 2, and L 1875, ch 479, § 39, and L 1876, ch 413, §§ 1, 4; amended by L 1877, ch 416; L 1891, ch 154; L 1896, ch 662; L 1907, ch 708; L 1910, ch 579; L 1911, ch 173; L 1912, ch 466; L 1920, ch 472. Text in italics is new matter, inserted by War veteran: (McDonald 32 NYS 280). § 6. Duties of deputy clerk. The deputy clerk has all the powers, and may perform all the duties of the clerk, when the office of clerk is vacant, or at the clerk's office, when the clerk is absent therefrom, or at a term or sitting of the court which the deputy clerk attends. EDITORIAL NOTES Source: CCP § 329 unchanged; from L 1857, ch 295, § 6; amended by L 1877, ch 416; L 1907, ch 708. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. § 7. Designation of special deputy clerks. The clerk may designate as many of his assistants, as the justices of the court, or a majority of them deem necessary, as special deputy clerks. Each special deputy clerk possesses, in the absence of the clerk and a deputy clerk, the same powers as the clerk, at any sitting or term of the court which he attends, with respect to the business transacted thereat. EDITORIAL NOTES Source: CCP § 330 unchanged; new as added by L 1880, ch 178; amended by L 1877, ch 416. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. § 8. Clerk's accounting for fees. The clerk must receive, for the use of the city of New York, the fees allowed by law. He shall not perform any service, for which a fee is allowed by law, until the fee therefor is paid to him. He must, on the first day of each month, or within three days thereafter, render to the comptroller of the city, an account, under oath, of all fees received, directly or indirectly, during the preceding month, by him, or by a deputy clerk, or either of his assistants, for any official service; and he must, at the same time, pay the same into the treasury of the city of New York. When the return and payment are so made, the clerk is entitled to receive his compensation, for the period included in the return. He is not entitled to compensation for a period, for which he has not made his return and payment. EDITORIAL NOTES Source: CCP 331 unchanged; from L 1849, ch 144, § 5; amended by L 1877, ch 416. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. § 9. Judgment docket. The clerk of the city court of the city of New York, must keep one or more books, ruled in columns, convenient for making the entries, prescribed in the next section; in which he must docket, in its regular order and according to its priority, each judgment, which he is required to docket. The expense of procuring new books when necessary, is a county charge. EDITORIAL NOTES Source: CCP $ 1245, part, unchanged as ap-plicable to city court; from L 1840, ch 386, 34; amended by L 1895, ch 946; L 1911, ch 290; L 1912, ch 344. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. DOCKET BOOK REQUIRED Since amendment of 1840: (Hulbert 86 Mis NATURE OF DOCKET BOOK STATED— DOCKETING REQUIRED— Failure to docket: judgment in ejectment by default, judgment not conclusive (Sheridan 81 NY 182). In order of priority: under amendment of 1840 (Hulbert 86 Mis 662, 149 NYS 568, aff Interlocutory judgment: for costs (*Belja 80 Justice of the peace: judgments of (*Wal- § 10. Docket-book. The clerk of the city court of the city of New York, must, when he files a judgment-roll, upon a judgment, docket the judgment, by entering, in the proper docket-book, the following particulars, under the initial letter of the surname of the judgment debtor, in its alphabetical order: 1. The name, at length, of the judgment debtor; and also his residence, title, and trade or profession, if any of them are stated in the judgment; 2. The name of the party, in whose favor the judgment was rendered; 3. The sum, recovered or directed to be paid, in figures; 4. The day, hour, and minute, when the judgment roll was filed; 5. The day, hour, and minute, when the judgment was docketed in his office; 6. The court in which the judgment was rendered, and, if it was rendered in the supreme court, the county where the judgment-roll is filed; 7. The name of the attorney for the party recovering the judgment. If there are two or more judgment debtors, those entries must be repeated, under the initial letter of the surname of each. A clerk with whom a judgment-roll is filed upon a judgment docketed as prescribed in this section must furnish to any person applying therefor and paying the fees' allowed by law one or more transcripts of the judgment, attested by his signature. EDITORIAL NOTES Source: CCP § 1246 unchanged, as applicable to the city court. Last paragraph is CCP § 1247, first sentence, also applicable to city court. § 1246, from 2 RS 361, pt 3, ch 6, tit 4, § 13. § 1247, from L 1840, ch 386, § 26. them. Text in italics is new matter, inserted by Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. ANNOTATIONS APPLICABLE— Clevenger's Supreme Court Practice: §§ 501, 502. § 11. Appointment of stenographers. The justices of the court or a majority of them must appoint ten stenographers of the court, and may at pleasure remove any of The justices of the court, or a majority of them, must, from time to time, assign each of the stenographers to duty at the trial or special term. Each stenographer is entitled to a salary, fixed and to be paid as prescribed by law and must attend the term to which he is assigned. EDITORIAL NOTES Source: CCP § 332 unchanged; from L 1876, ch 413, §§ 1, 4; amended by L 1877, ch 416; L 1906, ch 61; L 1907, ch 78; L 1918, ch 88. Text in italics is new matter, inserted by § 12. Appointment of interpreters. The justices of the court or a majority of them, from time to time, must appoint, and may at pleasure remove, three official interpreters of the court, who are entitled to a salary, fixed and to be paid as prescribed by law. EDITORIAL NOTES— Source: CCP § 333, part, unchanged; from L 1876, ch 413, §§ 1, 4; amended by L 1877, ch 416; L 1907, ch 708; L 1909, ch 387. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. § 13. Attendance of official interpreter. Each interpreter must attend any trial or special term of the court, where his services are required; and the justice therein presiding shall regulate his attendance thereat. § 14. Appointment of attendants; their salary. The justices of the court or a majority of them must appoint, and may at pleasure remove, as many attendants upon the court as they deem necessary, not exceeding twenty-five. The justices of the court, or a majority of them, may regulate their attendance. Each attendant is entitled to a salary fixed, and to be paid as prescribed by law. EDITORIAL NOTES Source: CCP § 335 unchanged; from L 1876, ch 413, §§ 1, 4; amended by L 1877, ch 416; L 1907, ch 708; L 1912, ch 465. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. § 15. Fees of clerks, interpreters and attendants. The clerk, a deputy clerk, an assistant to the clerk, the official interpreter, or an attendant, shall not receive any fee or compensation, except his salary, for any official service performed by him. EDITORIAL NOTES Source: CCP § 336 unchanged; from L 1872, ch 438, § 3. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. § 16. Oaths of office of officers. Before entering upon their official duties the clerk, deputy clerks, assistant clerks, stenographers, interpreters and attendants must subscribe and file in the office of the clerk of the city of New York, the constitutional oath of office. EDITORIAL NOTES Source: CCP § 333, part, unchanged; from L 1876, ch 413, §§ 1, 4; amended by L 1877, ch 416; L 1907, ch 708; L 1909, ch 387. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. § 17. Suspension of officers of court. A justice of the court may, by an instrument under his hand, suspend a stenographer, or an officer specified in the last section, for a period not exceeding ten days from the filing thereof. Such an instrument must express the cause of the suspension; it must be filed in the office of the clerk of the city and county of New York; and it may be revoked, at any time before the expiration of the period of suspension, by an instrument filed in like manner, under the hand of the justice who executed the first instrument, or the hands of a majority of the justices of the court. Where such an instrument has been revoked, the officer shall not be again suspended for the same cause. EDITORIAL NOTES— Source: CCP § 337 unchanged; from L 1849, ch 144, § 10. Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. ARTICLE 3 JURISDICTION AND POWERS Section 18. General jurisdiction. 19. Limitation upon jurisdiction. 20. Jurisdiction in special causes. 21. Naturalization of aliens. 22. Removal of action to supreme court. 23. Compulsory removal to supreme court in certain cases. 25. Effect of removal. 26. Order of removal. 27. Power of justices to administer oaths. 28. Orders and warrants of attachment. 29. When court may relieve from imprisonment. 30. References of questions arising upon motion. 31. References of issues for trial. 32. Decisions and findings of fact and conclusions of law. 33. Sale of perishable property. 34. Destruction of records and papers. § 18. General 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 enforce a lien, for a sum not exceeding two thousand dollars, exclusive of interest, upon one or more chattels; 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 two thousand dollars, exclusive of interest from the time of making the statement, upon which the judgment is entered, provided, however, that the defendant at the time of making such statement was a resident of the city of New York. EDITORIAL NOTES Source: CCP §§ 315, 1275, part. The amendment of § 315 by L 1911, ch 569, increasing jurisdiction to $5,000 held unconstitutional in Lewkowitez v. Queen Aeroplane Co., 207 NY 290. § 315, from L 1872, ch 629, § 3, subds 1-12, 15; L 1874, ch 545, § 5; L 1875, ch 479, § 1; L 1875, ch 379. §§ 1, 2; amended by L 1877, ch 416; L 1895, ch 946, L 1911. ch 569; L 1920, ch 471. § 1275, from CP § 384, first sentence, amended in matters of substance; amended by L 1895, ch 946; L. 1915, ch 639. Text in italics is new matter, inserted by L 1920, ch 935; "two" read "five." Star (*) means read Not into HEADLINE in capitals. For explanation see CCA § 1. ACTIONS WITHIN JURISDICTIONAmount claimed: does not affect jurisdiction (Barbour 52 How 94; Pv Marine Court 23 How 447; Roof 8 CivP 60, 2 HowNS 20). Assault and battery: (Anderson 66 NY 189); after transfer from superior court by consent of all parties (Farrington 6 Daly 209). Attachment: warrant for $4,000 reduced to $2,000, with interest and costs (Fagan 80 Mis 638, 141 NYS 948). Bank deposit: to recover (Smith 2 NYS 617), after order of interpleader (Gottschall 45 Mis 27, 90 NYS 896). City of NY, action against: (*Maisch 127 AD Corporations: stockholder's liability for Damages: action by guardian of infant Deceit: damages for (Barbour 52 How 94). |