THE JUSTICES CODE. AN ACT relating to civil procedure in inferior courts. The People of the State of New York, represented in Senate and I. Jurisdiction and general powers. (§§ 1-23.) II. Parties to action. (§§ 30-48.) III. Commencement of action. (§§ 55-71.) IV. Order of arrest. (§§ 80-94.) V. Attachment of property. (§§ 100-113.) VIII. Answer of title. (§§ 220–227.) IX. Adjournments. (§§ 235–244.) X. Procuring testimony. (§§ 250-275.) XI. Trial and incidents. (§§ 282-321). XIII. Executions. (§§ 355-395.) XIV. Costs and fees. (§§ 405–426.) XV. Joint debtors. (§§ 430-444.) XVI. Animals straying on highways. (§§ 450-483.) XVII. Summary proceedings to recover possession of XVIII. Bonds and undertakings. (§§ 535–544.) ARTICLE I. JURISDICTION AND GENERAL POWERS Section 1. Short title; application. 2. Jurisdiction limited. 3. General civil jurisdiction. 4. No jurisdiction in certain cases. 5. Confession of judgment. 6. Action by person specially aggrieved. 7. Action by common informer. 8. When part of a penalty may be recovered. 9. When not barred by collusive recovery. 10. Where action must be brought. 11. Actions by and against officers. 12. Action by representative. 13. Hotel keepers disqualified. 14. Members of legislature not compelled to act. 15. Justice must hold court. 16. Court not to be held in certain rooms. 17. General powers and duties. 18. Criminal contempt. 19. How punished. 20. Offender to be heard. 21. Record of conviction. 22. Requisites of commitment. 23. Fine to be paid to overseer or superintendent of the poor. Section 1. Short title; application. This chapter shall be known as "The Justices Code." Except as otherwise prescribed by law it applies to and is intended to regulate procedure in civil actions and proceedings: 1. In courts of justices of the peace and police justices in towns, cities and villages. 2. In the municipal court of the city of New York, and in the municipal or city court or other inferior local court of each other city, except Mount Vernon and Yonkers. 3. In any other inferior local court possessing civil jurisdiction in any town, city or village. 4. On appeal to the county court. 5. In summary proceedings to recover the possession of real property. [This chapter does not affect the jurisdiction conferred on a court by special provision of law. The term "justice," unless otherwise indicated, includes a justice of the peace, police justice, recorder, judge or justice of a court subject to the provisions of this chapter, except a judge of a court to which an appeal may be taken as prescribed by law. While this chapter is intended to apply primarily to courts held by justices of the peace in towns, so many special courts are now subject to the provisions of the chapter on justices' courts in the code of civil procedure that we think this chapter should be made applicable, so far as practicable, to all inferior courts. It will thus become a general code of practice for all the minor courts without further statutory provision. The minor courts in all of the cities, except Mount Vernon and Yonkers, seem now to be subject to justices' court procedure. By the charters of the two cities named the city courts therein are subject to the practice in courts of record. They are therefore excepted from the operation of this chapter. The city court in Albany and Utica are courts of record, but are subject to justices court procedure.] § 2. Jurisdiction limited.-A justice of the peace has the jurisdiction in civil actions and special proceedings expressly conferred on him by statute, and no other. [Code, § 2861, re-written, but without intended change of substance." § 3. General civil jurisdiction.- Except as otherwise prescribed in the next section, a justice of the peace has jurisdiction of the following civil actions: 1. An action to recover damages upon or for breach of a contract, express or implied, other than a promise to marry, where the sum claimed does not exceed two hundred dollars. 2. An action to recover damages for a personal injury, or au injury to property, where the sum claimed does not exceed two hundred dollars. 3. An action for a fine or penalty not exceeding two hundred dollars. 4. An action on a bond conditioned for the payment of money, where the sum claimed to be due does not exceed two hundred dollars; the judgment to be rendered for the sum actually due. Where the sum secured by the bond is to be paid in installments, an action may be brought for each installment as it becomes due. 5. An action on a surety bond taken by any justice of the peace. 6. An action on a judgment rendered in a court of a justice of the peace, or in a district or municipal court of the city of New York, or in a justices' court of a city, being a court not of record. f 7. An action to recover one or more chattels, with or without damages for the taking, withholding, or detention thereof, where the value of the chattel, or of all the chattels, as stated in the affidavit made on the part of the plaintiff, or in the complaint, if no affidavit is made does not exceed two hundred dollars. 8. An action to recover damages for an escape from the jail liberties, where the sum claimed does not exceed fifty dollars. 9. An action against an executor or administrator as such, on a claim not exceeding fifty dollars, which has been duly presented to and rejected by him. [Code, § 2862, without change, except that subdivision 8 has been re-written, omitting the reference to the statute, and subdivision 9 has been added. This subdivision includes the last part of the present subdivision 5 of § 2863, but it is inserted here to establish an affirmative rule relating to actions of this class, instead of basing the right of action on an exception, as it now stands in the present subdivision 5. sited. Jurisdiction of actions for escape and |