There shall be a city court of civil and criminal
jurisdiction. The city judge now in office and to be elected under
the provisions of this act shall be the judge of said court.
Except as limited by the next succeeding section,
the city court shall have jurisdiction of the following civil actions
and proceedings namely:
1.
An action to recover damages upon or for a breach
of contract, express or implied, other than a promise to marry, where
the sum claimed does not exceed five hundred dollars.
2.
An action to recover damages for a personal injury
or an injury to property, where the sum claimed does not exceed five
hundred dollars.
3.
An action for a fine or penalty not exceeding five
hundred dollars.
4.
An action upon a judgment not exceeding five hundred
dollars rendered in said court or in any court of this state of local
jurisdiction, not being a court of record.
5.
An action to recover one or more chattels, with or
without damages for the taking, withholding or detention thereof,
where the value of the chattels as stated in the affidavits of the
plaintiff does not exceed the sum of five hundred dollars.
6.
To render judgment upon the confession of the defendant
where the amount confessed does not exceed the sum of one thousand
dollars.
7.
Summary proceedings under title two of chapter seventeen
of the Code of Civil Procedure, and the application for the removal
of a person from real property in such proceedings may be made to
the city judge as provided in section twenty-two hundred and thirty-four
of the Code of Civil Procedure, and the proceedings before the city
judge and the city court shall be as prescribed by said title.
8.
Any other civil action or proceeding of which justices
of the peace of towns have jurisdiction.
The city court shall not take cognizance of
a civil action in either of the following cases.
1.
Where the title of real property comes in question,
as is prescribed in title three of chapter nine of the Code of Civil
Procedure, and when such question arises, the pleadings and practice
shall be as provided by law for courts of justice of the peace in
towns in regard thereto.
2.
When the action is to recover damages for false imprisonment,
libel, slander, criminal conversation, seduction or malicious prosecution.
3.
Where in matter of account, the sum total of all accounts
of both parties, proved to the satisfaction of the court, exceeds
one thousand dollars.
4.
Where the action is brought against an executor or
an administrator as such, except where the amount of the claim does
not exceed the sum of five hundred dollars, and the claim has been
duly presented to the executor or administrator and rejected by him.
The time within which the summons shall be returnable
and the form of the summons and all other process (except as herein
otherwise specified), the service of process, appearances, practice,
pleadings, exhibiting accounts or demands, amendments, adjournments,
trial by court of jury, obtaining a jury, offers to compromise, offers
of judgment and the effect thereof, judgments by confession or otherwise,
and the rendering and docketing of the same, appeals, fees, costs,
disbursements and discharge of judgment debtors shall in all matters,
except as herein provided, be governed by the provisions of the code
of civil procedure for justices' court of towns. Bastardy proceedings
shall be governed in all matters of practice, including appeals and
in all proceedings therein and relating thereto by the provisions
of the code of criminal procedure and the said judge of the said court
shall have the same duties, powers and jurisdictions as justices of
the peace in towns and their courts, together with the further powers
of jurisdiction by this act conferred.
The summons shall be in the following form:
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CITY COURT--CITY OF WATERVLIET.
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Plaintiff,
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Against
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Defendant.
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To the above named defendant:
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You are hereby summoned and required to appear
in this action in the city court of the City of Watervliet on the
_______________ day of ______________ 19 ______, at nine o'clock in
the forenoon, to answer the complaint of the plaintiff in this action,
who, if you then fail to appear and answer, will take judgment against
you by default for the relief demanded in the complaint together with
the costs of this action.
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Dated at Watervliet, N. Y. this _______ day
of ______, in the year of Our Lord one thousand nine hundred and ___________
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Judge of the City Court.
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Transcripts of judgment shall be in the following
form:
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Transcript, defendant's person not liable
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Code of Civil Procedure,§ 3017.
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City Court--City of Watervliet.
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Plaintiff,
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Against
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Defendant.
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Judgment rendered by the city court of the
city of Watervliet, N. Y., for the plaintiff against the defendant
on the ________ day ________, 19_______, for the sum of $________
damages and for $_______ costs, in all $__________
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County of Albany,
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ss.:
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City of Watervliet
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I certify that the above is a correct transcript
of a judgment, rendered by the city court of the City of Watervliet,
N. Y., and now remaining unsatisfied upon the docket of said court.
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Witness, my hand, the ______ day of _______
19 ______.
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Judge of the City Court
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The execution shall be in the following form:
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City of Watervliet,
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ss.:
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County of Albany,
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The people of the State of New York
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To any marshal of the City of Watervliet.
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Greeting:
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Whereas, judgment was rendered on the ___________
day of ___________, 19______, by the city court of the City of Watervliet,
in favor of _________ plaintiff, against __________ defendant, for
_____________ dollars and ___________ cents, costs; and there is actually
due upon said judgment at the date of this execution the sum of __________
dollars and ___________ cents damages and costs, with interest from
the _______________ day of _________, 19________.
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You, the said marshal, are, therefor, hereby
required to satisfy the said judgment, together with your fees, out
of the personal property of the judgment debtor within the said City
of Watervliet, not exempt from levy and sale by virtue of an execution
and to bring the money before the said court by the return day of
this execution, to be rendered by said court to the party who recovered
the said judgment.
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This execution is returnable to the said court
within sixty days after its date.
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Dated at Watervliet, N. Y., this _______ day
of ____________, 19_____.
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Witness.
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Judge of the City Court.
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Damages
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$
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Costs
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$
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Judgment
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$
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The city court in civil cases shall have the
power to open and vacate any judgment rendered therein upon such terms
and conditions as it may deem just, within the time limited for an
appeal therefrom, upon application of any party aggrieved thereby,
and the city judge may make an order staying in the meantime proceedings
upon such judgment until the hearing and decision of the motion therefor,
and upon the service of such order upon the officer having the mandate
for the enforcement of such judgment, proceedings for the enforcement
thereof shall be stayed accordingly. Five days' notice in writing
on the application to open or vacate such judgment must be given by
the party making the same; and such notice shall be served as is provided
by law, for serving notices of appeal from judgment of a justice of
the peace.
All entries in the minutes of the commissioner
of accounts or copies thereof duly certified by the commissioner of
accounts and the corporate seal thereto affixed, shall if the fact
stated be competent and material for any purpose, be evidence in all
courts of the state of the facts therein stated and in actions and
proceedings for the recovery of fines and penalties, the certificate
of the commissioner of accounts under the corporate seal of the city,
setting forth any ordinance, bylaws, rule or regulation, and certifying
the adoption of the same, and the date of such adoption, shall be
presumptive evidence of the existence and adoption of any ordinance,
bylaw, rule or regulation.
In all civil actions and proceedings brought
in this court, the same costs and fees shall be paid, taxed and recovered
as in actions or proceedings before justices of the peace in towns.
The court shall demand and receive of the moving parties prepayment
of all such fees, unless the party shall file an affidavit in writing
showing to the satisfaction of the court that the action or proceeding
is begun in good faith, and that the applicant is without means to
pay such fees, in which case the judge may, in his discretion, issue
the proper process without charging for court fees, but shall in all
cases require the applicant to pay in advance the fees of the office
for serving such process. All officers' fees received by the city
judge shall be paid to the officers as soon as earned, and all other
fees received by him as aforesaid shall belong to the city, and the
city judge shall not directly or indirectly receive to his own use
any fees or perquisites except his salary. In addition to such fees
as may have been paid or incurred by the prevailing party, he shall
be allowed as indemnity in case he has appeared by an attorney admitted
to practice in courts of record in this state (and not otherwise),
the following sums as expenses:
1.
If a judgment is rendered for plaintiff upon default,
or by confession to the plaintiff, three dollars.
2.
If judgment is rendered by plaintiff other than by
default, to the plaintiff, three dollars, and an additional sum equal
to ten per centum of the recovery, when the action is brought to recover
a sum of money, or ten per centum of the value of the property as
fixed by the judgment, when the action is brought to recover a chattel,
but not in any case to exceed twenty-five dollars in all.
3.
If a judgment of nonsuit is rendered for defendant
without trial, to defendant, two dollars.
4.
If judgment is rendered for the defendant after trial,
except as specified in the next subdivision, to the defendant, five
dollars, and the court in its discretion may allow five dollars additional.
5.
If an affirmative judgment is rendered for defendant,
to defendant the same as if he had been a plaintiff.
6.
No costs or fees shall be allowed or incurred in an
action brought upon a judgment of this court, unless such action is
brought more than five years after the recovery of the judgment sued
on.
Appeals may be taken to the county court from
judgments rendered in said city court the same as from judgments rendered
by justices of the peace. Appeals may also be taken to the county
court from an order of the city judge on an application to open a
default or to open or vacate a judgment, make as provided in section
seventy-four of this act, and the time within which such appeal may
be taken, and the practice thereon shall be the same as apply to appeal
from a judgment of a justice of the peace, the affidavits read on
such application constituting for the purpose of such appeal a part
of the return of the city judge.
The city judge presiding in the criminal branch
of the city court shall have in all criminal actions and proceedings
and special proceedings of a criminal nature, for and on account of
offenses committed or charged to have been committed within the city,
all jurisdiction and authority which a justice of the peace of a town
would have, including bastardy proceedings, in which latter proceedings
it shall not be necessary for the said city judge to associate with
himself another magistrate. Subject to the power of removal provided
by section fifty-seven of the Code of Criminal Procedure, the city
court shall also have power to try the following offenses, committed
within his jurisdiction, namely: All offenses of the grade of misdemeanor
under the laws of the state, except violations of the liquor tax law.
And the city court shall possess and exercise all the powers conferred
upon court of special sessions, and shall be subject in exercise of
such powers, to all provisions of law relating to courts of special
sessions; except upon conviction in said court for any misdemeanor
of which the court has jurisdiction, the same sentence may be imposed
as if such convictions were had in a county court.
The city judge shall keep an accurate account
of all fees and fines received, from whom received, time of receiving
same; and on the first business da of each month shall deposit with
the chamberlain[1] the amount thereof received in the last preceding month
with a detailed statement of the items thereof, verified by the affidavit
of the city judge to the effect that the same is correct, and that
it embraces all moneys paid into court or received by said city judge
for fees and fines during the period covered by such statement. He
shall also keep an account of the criminal business done by him, which
by law is now made a charge upon the County of Albany, and at the
annual meeting of the board of supervisors the same shall be audited
and ordered paid to the chamberlain of the city. He shall keep an
account of all his proceedings and in his docket a complete and accurate
record of all process issued from and returned to said court, and
all proceedings in every civil or criminal action, and all proceedings
brought therein or before him, and shall enter therein the judgment
and decision of said court or judge. Such docket shall have the same
force as evidence in courts of this state as dockets of justices of
the peace in towns.
[1]
Editor's Note: The office of Chamberlain was
abolished by Ordinance No. 6, adopted 1-1-1920, and the duties of
that office were vested in the Director of Finance.
If the city judge through physical disability
or otherwise becomes unable to attend to his duties, the mayor may
appoint in writing to be filed with the commissioner of accounts,
an attorney and counselor-at-law residing in said city, who shall,
during the continuance of said disability, exercise in the place and
stead of the said city judge all the powers of the said city judge,
and he shall have jurisdiction in cases then pending before the said
city judge. The acting city judge shall be paid the same compensation
as that allowed to the city judge.
The city judge may make rules not inconsistent
with any law of this state, to govern the practice and procedure in
the city court and fixing the sum of money required as a preliminary
deposit to secure prepayment of fees by parties in civil actions.
The city court shall be opened for such civil
business as may lawfully come before it each day, excepting Sundays
and legal holidays, during all reasonable hours from nine o'clock
in the forenoon until four o'clock in the afternoon and at all reasonable
times thereafter during each week day to hear all criminal matters
or matters of a criminal nature within its jurisdiction.
In the solemnization of marriages, and all other
matters not otherwise by this act provided for, said city judge shall
have the same power as justices of the peace in towns.
A judgment of said court shall be in all respects
the same as a judgment entered by a justice of the peace of towns,
except as herein provided, and all provisions of the Code of Civil
Procedure in relation to filing transcripts of such judgment and docketing
the same in the office of the Clerk of Albany County, or of any other
county, and the effect of such judgment when so docketed, shall in
all respects be the same as if said judgment was recovered before
a justice of the peace of a town. But such judgment shall be a lien
and remain in force for the same length of time as a judgment originally
recovered in the county court. In any case in which by law a justice
of the peace is required to render judgment and enter the same in
his docket within four days, the City Court of Watervliet, or the
judge thereof, is required to render judgment and it must be entered
in the docket of said court within ten days after the case shall have
been submitted for final decision, anything to the contrary herein
notwithstanding, unless a longer period be agreed upon by all parties
to the action or proceeding by a stipulation in writing. But a judgment
shall be rendered forthwith in either of the following cases: Where
the plaintiff is nonsuited; where the plaintiff discontinues or withdraws
his action; where a judgment is confessed; where a verdict is rendered
by a jury in favor of either party; where the defendant is in custody
at the time of the final submission of the cause; where a judgment
is rendered upon an offer made by the defendant and duly accepted.
The prohibition contained in section twenty-nine
hundred and forty-seven of the Code of Civil Procedure relating to
the failure of the defendant in an action in justice's court to interpose
a counterclaim does not extend to an action in said city court to
a case where the amount of the counterclaim is five hundred dollars
more than the plaintiff recovers.
In the case provided for in section twenty-nine
hundred and forty-nine of the Code of Civil Procedure, if the amount
of the counterclaim established exceeds the plaintiff's demand, the
defendant must have a judgment for the excess, or so much thereof
as is due from the plaintiff, unless it is more than the sum of five
hundred dollars, and if it be more than five hundred dollars, the
city court must pursue the same course in reference to the same, as
in the said section provided for a case in which it is more than two
hundred dollars.
Sections five hundred and five and five hundred
and six of the Code of Civil Procedure shall apply to a counterclaim
in an action against a person sued in a representative capacity, or
in favor of an executor or an administrator, except that the defendant
cannot take judgment against the plaintiff upon a counterclaim for
a sum exceeding five hundred dollars and costs, and section twenty-nine
hundred and forty-six of the Code of Civil Procedure shall not apply
to actions in said city court.
Where, upon the trial of an action, the sum
total of the accounts of both parties proved to the satisfaction of
the city judge exceeds one thousand dollars, judgment of discontinuance
must be rendered against the plaintiff with costs, and section twenty-nine
hundred and fifty of the Code of Civil Procedure shall not be applicable
to the said city court.
The pleadings in said court may be oral or in
writing and when in writing shall be subscribed by the parties or
their attorneys, which shall be filed forthwith, or within such time
as the city judge shall designate. Whenever a verified complaint is
served or filed, each subsequent pleading, except a demurrer, shall
also be verified.
The city judge, while court is in session, shall
have the same powers to preserve order and to punish for contempts
committed in his presence as are possessed by judges of courts of
record; providing, however, that an appeal may be taken from an order
adjudging a person in contempt to the county court in the same manner
as an appeal from a judgment. And pending the determination of such
appeal the person adjudged in contempt, if he shall be imprisoned,
may be admitted to bail by the judge of said court, or of the county
court, in such an amount, and by an undertaking in such form and terms
and with such sureties as shall be approved by said judge.
The city judge shall have power to let to bail
all persons charged with crime before him, in all cases of misdemeanor
and in all cases of felony, when imprisonment in the state prison,
or conviction, cannot exceed five years; and shall, also, have the
power to take bail in like manner as is conferred upon sergeants and
captains of police by section five hundred and fifty-four of the Code
of Criminal Procedure.
In the city court, or before the city judge,
at the time of interposing any plea which forms an issue of fact,
where the right to trial by jury is secured to the defendant by the
general laws of the state, the defendant may demand a trial by jury,
and unless so demanded then a trial by jury is waived.
When a trial by jury is duly demanded, as above
provided, the city judge must forthwith openly draw such number of
ballots as he deems necessary from a box, or other receptacle, containing
the names of the persons who are returned as jurors of the city for
a city or municipal court therein upon the last list thereof filed
in such court by the commissioner of accounts, as jurors to attend
for the purpose of trying the issues joined as above stated, at a
time to which the cause in which issue has been joined shall then
be adjourned by him, not more than eight days from the joining of
the issue, unless the parties consent to a longer adjournment, which
consent shall be entered in the minutes of the court. Before drawing
such ballots they shall be thoroughly mingled in the box or receptacle
containing them, and thereafter, except as herein otherwise provided,
and so far as consistent with this act, the provisions of sections
twenty-nine hundred and ninety-two to twenty-nine hundred and ninety-nine,
inclusive, and section thirty hundred and six to section thirty hundred
and nine, inclusive, of the Code of Civil Procedure shall govern the
further proceedings upon the issue joined as provided herein. The
city judge has the powers and duties conferred and imposed upon justices
of the peace under those sections. The venire must be issued in criminal
eases to a police officer, who shall have all the powers and duties
of constables under those sections.
