Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
City of Kingston, NY
Ulster County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Legislature of the State of New York as Chapter 813 of the Laws of 1952; approved by the Governor 4-18-1952. Amendments noted where applicable.]
The City Court of the City of Kingston is hereby continued as a court of inferior civil and criminal jurisdiction. It shall be known as the "City Court of the City of Kingston." The jurisdiction of the Court and the practice and procedure therein shall be as prescribed by this act.
The following words used in this act shall have the meanings defined in this section, unless otherwise apparent in the context:
CLERK
Includes the Chief Clerk, Deputy Clerk or Assistant Clerk of the Court.
COUNTY
Ulster County, in which the Court is located.
COURT
The City Court of the City of Kingston or one of the Judges thereof.
JUDGE
Includes the City Judge and the Special City Judge.
MAYOR
The officer exercising the chief executive function of the city government.
RULES
The rules duly adopted pursuant to § 65-a of this title.
A. 
The Court shall consist of a City Judge and a Special City Judge.
B. 
The City Judge of the City of Kingston shall continue in office as Judge of the City Court continued by this act until the term of office for which he was duly elected shall have expired. At the annual election to be held in the City of Kingston in November 1953, there shall be elected a Judge of the City Court of Kingston, in the same manner as other city officers are elected, and the person so elected shall take office on the first day of January following such election. The term of office of the City Judge shall be four years.
C. 
The present Special City Judge shall continue in office until the term for which he was duly appointed shall have expired. On or before the first day of January 1954 and on or before the first day of January of each fourth year thereafter, the Mayor of the City of Kingston shall appoint a Special City Judge to hold office for four years beginning on January 1. The Special City Judge shall have all the powers and perform all the duties of the City Judge in the event of illness, absence, disability or disqualification of the City Judge and at such other times as the City Judge shall direct.
D. 
No person shall be eligible for the office of City Judge or Special City Judge unless he is an attorney and counselor-at-law of the State of New York of at least three years' standing and a resident elector of the City of Kingston.
E. 
A vacancy in the office of City Judge, occurring otherwise than by expiration of term, shall be filled at the next general election held not less than 30 days after such vacancy occurs; and until the vacancy shall be so filled, the Mayor of the City of Kingston shall fill such vacancy by appointment which shall continue until and including the last day of December next after the election at which the vacancy shall be filled. A vacancy in the office of Special City Judge shall be filled for the unexpired term by appointment of the Mayor of the City of Kingston.
F. 
The Appellate Division of the Supreme Court for the Third Department may remove any Judge as provided by § 132 of the Code of Criminal Procedure. The appellate Division, in its discretion, may also prohibit a Judge so removed from holding public office, elective or appointive, thereafter.
The salary of the City Judge and the Special City Judge shall be fixed by the local legislative body.
[1]
Editor's Note: As to compensation, generally, see Ch. 113, Salaries and Compensation.
A. 
A Judge shall possess all the powers and exercise all the jurisdiction in all matters, suits and proceedings which are herein conferred upon the Court.
B. 
The City Judge, in addition to the exercise of all the other powers of a Judge of the Court, shall supervise the business of the Court. He shall prescribe the hours[1] for the opening and closing of the Court and for the attendance of the clerks and attendants. He shall supervise the preparation of the calendars of cases for trial and shall make such classification and distribution of the same upon different calendars as he shall deem proper and expedient. The City Judge shall supervise the keeping of the records of the Court.
[1]
Editor's Note: As to days court is open, see § A406-12 of this chapter.
The Court shall have the power to punish for contempt conferred upon courts of record by the Judiciary Law.
The City Judge shall appoint a Clerk, a Marshal and Probation Officer and such other employees as may be provided for by the local legislative body. The City Judge shall supervise the employees and may remove any employee for cause as provided by law.
A. 
Clerk.
(1) 
The Clerk shall act as stenographer of the Court if provision is not otherwise made for a stenographer.
(2) 
He shall keep the Seal of the Court and affix it to such papers and documents as he shall be required to certify.
(3) 
He shall keep the books, papers and records of the Court.
(4) 
He shall be custodian of and deliver to his successor in office all books, records and papers filed in his office, and the Official Seal of the Court.
(5) 
He shall attend the sittings of the Court. He shall have power to administer oaths, to take depositions and acknowledgments, to receive verdicts of juries and in proper cases to adjourn causes and when no judge appears he shall adjourn causes to the next judicial day.
(6) 
He shall take information for the issuance of warrants of arrest by a City Judge, issue and sign subpoenas and precepts, make and sign transcripts of judgment, executions, commitments and certificates of conviction.
(7) 
He shall collect and receive all fees, fines and penalties paid into the Court, and except as otherwise provided by law, on the first business day of each month he shall account for and pay the same to the fiscal officer of the city, together with a sworn statement containing the name of each of the cases and the amounts collected therein. The salary of the Clerk shall not be paid until he has fully complied with the requirements of this subdivision.
(8) 
The Clerk of the Court shall take stenographic notes of the testimony and other proceedings in all cases heard or tried before the Court, unless otherwise directed by the Judge, and shall furnish a transcript of the same when requested upon payment of the prescribed fees.
B. 
Marshal and Probation Officer. The City Marshal and Probation Officer shall perform in the City Court the same duties as are performed by Sheriffs in courts of record and shall have the same power to serve and execute all process and mandates of the Court as a Sheriff. The police officers of the city shall execute all criminal process issued out of the Court when required to do so by the Court. Neither a Marshal nor a police officer shall receive any fee or compensation for the service of any criminal process issued out of the Court. The person so appointed shall, as such Probation Officer, perform all the services and duties specified in and required by Title 9 of Part 6 of the Code of Criminal Procedure of the State of New York.
[Amended by L. 1952, Ch. 814]
C. 
Generally. In addition to the duties herein prescribed, the officers and employees of the Court shall perform such other duties as they are directed to perform by the Judge.
D. 
The present Clerk and Marshal and Probation Officer of the City Court shall continue as Clerk and as Marshal and Probation Officer, respectively, under this act. Their successors shall be appointed by the City Judge from eligible lists established by the Civil Service Commission of the City of Kingston as the result of competitive examinations.
A. 
The compensation[1] of employees of the Court shall be fixed by the local legislative body. The Marshal and Probation Officer shall account for and pay over the fees which he receives, in like manner as the Clerk.
[1]
Editor's Note: As to compensation, generally, see Ch. 113, Salaries and Compensation.
B. 
Before entering upon the discharge of his official duties, each employee shall take the oath of office prescribed by law and file it in the office of the City Clerk.
C. 
The Clerk and Marshal and Probation Officer of the Court and such other employees as shall be required to do so by the City Judge shall execute and file in the office of the City Clerk a bond in an amount fixed by the local legislative body, to be approved by the City Judge and conditioned for the faithful performance of their duties.
The Court shall have an official seal to be furnished by the city, upon which shall be engraved the words "City Court of the City of Kingston. Seal."
The local legislative body shall provide suitable rooms, light, heat, furniture, necessary books and supplies for the use of the Court and shall provide for the payment of the salaries and compensation of the Judges and employees of the Court, and for whatever may be necessary for the transaction of its business.
The Court shall be open for the transaction of business each day in the year, except Sundays and legal holidays, and upon those days for such purposes as are provided by law.
[1]
Editor's Note: As to hours of court, see § A406-5B of this chapter.
In civil cases, process and mandates of the Court may be served and executed throughout the County of Ulster.
[Amended by L. 1967], Ch. 673]
A. 
The City Court shall have jurisdiction:
[Amended by L. 1967, Ch. 673]
(1) 
In an action to recover a sum of money only, where the amount demanded in the complaint does not exceed $6,000, exclusive of interest and costs.
(2) 
In an action to establish a mechanic's lien and to recover a personal judgment for the amount due, not exceeding $6,000, exclusive of interest and costs.
(3) 
In an action to foreclose a lien on a chattel, where the amount sought to be recovered does not exceed $6,000, exclusive of interest and costs.
(4) 
In 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 chattels does not exceed $6,000.
(5) 
In a summary proceeding to recover the possession, of real property situated wholly or partly within the city, and to remove tenants therefrom.
(6) 
To enter judgment upon confession, where the sum confessed does not exceed $6,000, exclusive of interest and costs.
(7) 
To provide for methods of conciliation and to enter judgment upon an award of arbitrators, where the amount claimed does not exceed $6,000, exclusive of interest and costs.
B. 
Notwithstanding the jurisdiction hereinabove conferred upon the City Court, its authority shall not be construed:
(1) 
To extend to any cause in which the title to real property is involved; nor
(2) 
To include the right to exercise equity jurisdiction, except that an equitable defense may be interposed.
A. 
Except as provided in § A406-15B, the plaintiff or defendant, or one of the plaintiffs or defendants, must reside within the city. A person, an association or a corporation having an office or a place for the transaction of business within the city or being engaged in the business of transportation therein is, for the purposes of this section, to be deemed a resident thereof.
B. 
In a summary proceeding to recover the possession of real property or in an action to establish a mechanic's lien, to foreclose a lien on a chattel or recover one or more chattels, neither the plaintiff nor the defendant need reside within the city if the real property or chattel is located within the city.
A. 
The provisions of the Civil Practice Act and the Rules of Civil Practice, notwithstanding express reference by name or classification therein to any other court, shall apply to the City Court as far as the same can be made applicable and are not in conflict with the provisions of this act.
B. 
Where the word "state" is used in applicable provisions of the Civil Practice Act or Rules of Civil Practice, it shall be construed to mean "county" as applied to the City court if the context of the particular section or rule permits of such construction.
C. 
The Court, within the limits of its jurisdiction, is vested with all the powers possessed by the County Court in like causes.
A. 
The summons may be served upon the defendant within the county in like manner as in the Supreme Court, except as otherwise provided in this act or in rules adopted pursuant thereto.
B. 
An order for substituted service of a summons upon a defendant, whether a domestic corporation other than a municipal corporation, a joint-stock or other unincorporated association having a president or treasurer residing within the county, or a natural person residing within the county, may be made by the Court or a Judge thereof upon satisfactory proof that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons within the county.
C. 
The summons shall not be served by publication, except that in an action in which a warrant of attachment has been granted, an order may be obtained within 30 days after the granting of the attachment, providing for the service of the summons upon the defendant by publication.
D. 
Where a warrant of attachment has been granted, service of the summons, in lieu of publication, may be made personally upon the defendant within or without the county, whether or not an order has been made for service by publication.
E. 
Where a warrant of attachment has been granted, and the summons cannot, with reasonable diligence, be served within the county, it may be served by leaving a copy thereof, together with the warrant of attachment and the inventory of the property attached, at the last known place of residence of the defendant in the county, with a person of suitable age and discretion, or, if such person cannot be found there, by posting them on the outer door, and also depositing another copy of each in the post office, enclosed in a sealed, postpaid wrapper, directed to the defendant at his residence. If the defendant has no place of residence in the county, the Marshal shall deliver a true copy of the summons, warrant and inventory to the person in whose possession the property attached is found and send another copy of each, by registered mail, addressed to the defendant at his last known address. The defendant's return receipt, the summons and an affidavit of compliance herewith, shall be filed with the Clerk of the Court within 30 days after the defendant's return receipt is received by the plaintiff. Service of process shall be complete 10 days after proof thereof is filed.
F. 
The provisions of the Civil Practice Act and the Rules of Civil Practice governing like service in the Supreme Court shall apply where the summons is served pursuant to the provisions of § A406-17B, C and D.
A. 
Unless the Court otherwise directs, pleadings shall be written and shall consist of a complaint and answer and, when ordered, a reply. The complaint may consist of a statement of the nature and substance of the plaintiff's cause of action endorsed upon or annexed to the summons, together with a notice of the amount for which the plaintiff will take judgment if the defendant fails to answer or appear.
B. 
The summons shall require the defendant to appear or serve his answer within six days after the service of the summons. If a complaint is not served with the summons, the complaint must be served within six days after service of the notice of appearance. In such case, the answer must be served within six days after serving of the complaint.
A. 
Amendments. The time within which a pleading may be amended of course shall be six days, and an amended pleading shall be answered within six days after it has been served.
B. 
Motions. Notice of a motion under Rule 102, 103 or 104 of the Rules of Civil Practice shall be served within six days from the service of the pleading to which the motion is addressed. Notice of a motion under Rule 106 or 107 must be served within six days after the service of the complaint, and motions under Rule 109, 110 or 111 must be served within three days after the service of the answer or reply.
C. 
Notice of motion. Unless brought on by order to show cause, notice of motion shall be served at least six days before the date set therein for hearing, except where attorneys for the several parties have their offices in the same city, when notice of three days may be given.
D. 
Note of issue. The note of issue shall be served not less than eight days before the date set therein for trial and shall be filed with the Clerk at least five days before such date.
E. 
Motion for new trial. A motion for a new trial upon the Judge's minutes shall be made within five days after the rendition of the verdict of the jury.
An attachment may be levied upon any property within the county upon which an attachment may be levied in an action in the Supreme Court, except real property and interests therein.
If it shall appear that the title to real property will come in question in the action, it may be removed to a court having jurisdiction thereof, in accordance with the provisions of § 110-a of the Civil Practice Act.
If a counterclaim in excess of the Court's jurisdiction is interposed, the Court may, nevertheless, grant judgment to the extent of its jurisdiction, but the defendant shall be deemed to have waived any right to further recovery.
A. 
Demand. Trial by jury shall be deemed to be waived unless demanded in the note of issue by the party serving the same, or by any other party, in writing, within three days thereafter. The party demanding a trial by jury shall file a copy of the demand with the Clerk within one day after the service thereof upon the opposing party, and must, at the time of filing his demand, pay the fee prescribed by § A406-30 of this act.
B. 
Jury lists. The officer charged by law in Ulster County with selecting the persons qualified to serve as jurors in the County and Supreme Courts shall furnish the Clerk of the City Court with the names of such qualified persons who are residents of the city. Jurors shall be drawn from among such persons.
C. 
Ballots and jury boxes. The Clerk must prepare suitable ballots by writing the name of each person appearing on the list, with his place of residence and other information, on a separate piece of paper. The ballots must be uniform in appearance, and Clerk must deposit them in a box kept for that purpose, to be known as the undrawn jury box. The ballots containing the names of persons who have been summoned and appeared for service must be placed in a box to be known as the drawn jury box. When all ballots have been drawn from the undrawn jury box, the whole number must be returned to the undrawn jury box.
D. 
Summoning of jurors, jury terms. When a jury trial is demanded, the Clerk must draw, from the undrawn jury box, such number of names as shall be prescribed by the Court, and shall deliver a list thereof to the Marshal, to summon the persons named therein to attend the Court at a specified time to serve as jurors. The Court may, by rule, provide that a jury term be established during certain periods of the year for the trial of jury cases. A jury panel shall be drawn to try jury cases generally for each of such terms and shall consist of such number of jurors as shall be prescribed by the Court. At least two days' notice of attendance shall be given to persons summoned to serve as jurors. Provisions of law relating to the summoning of jurors and their attendance in the County Court shall, as nearly as may be, apply to the summoning and attendance of jurors in the City Court.
E. 
Numbers of jurors. A jury shall be composed of six persons.
F. 
Drawing of jurors. The jury shall be selected from among the persons summoned and attending pursuant to § A406-23D. It shall be drawn in the same manner as in the County Court, except that either party may peremptorily challenge not more than three persons.
A. 
A decision upon the trial of a nonjury case may be general in form as though it were a verdict by a jury.
B. 
The decision of the Court on the trial of a nonjury case, or upon the hearing of a motion, shall be rendered within 14 days after the matter has been finally submitted for determination, unless an extension of time be agreed to in writing by both parties. If no decision is rendered within the time thus limited, the cause may be again moved for trial, or the motion may be renewed.
A. 
If the defendant fails to appear or answer, or fails to appear at the time set for trial, the Clerk of the Court, after the time to appear or answer has expired or after default in appearance at the time set for trial, upon application, shall enter judgment for the relief demanded in the complaint or statement herein provided, in all cases in which the plaintiff is entitled to such judgment without proof, and shall refer all other cases to the Court.
B. 
Upon application, the Clerk must deliver a transcript of a judgment. If the judgment is for the plaintiff in an action to establish a mechanic's lien, the Clerk shall insert in the transcript an additional statement that the action was brought to establish a mechanic's lien and that the lien has been duly established and adjudged against the interest of the defendant in the property described in the complaint when the notice of lien was filed. If the judgment is for the recovery of a chattel which has been delivered to the unsuccessful party or for the value thereof, the Clerk shall insert in the transcript an additional statement setting forth the nature of the action and specifying the chattel described in the judgment.
C. 
Upon presentation of a transcript of a judgment and payment of the filing fee, the Clerk of Ulster County must endorse upon the transcript the date of its receipt, must file it in his office and must docket the judgment as of the time of the receipt of the transcript, in a book kept by him for that purpose as prescribed by law; and if the judgment is for the recovery of a chattel which has been delivered to the unsuccessful party or for the value thereof or for the establishment of a mechanic's lien, he must enter in the docket the particulars of the judgment as stated in the transcript.
D. 
Upon the docketing of a judgment as prescribed in § A406-25B, it shall be deemed a judgment of the County Court and may be enforced accordingly. This shall not prevent the City Court or a Judge thereof from vacating, setting aside or modifying the judgment or staying execution thereof.
No execution shall issue out of the Court after a transcript of the judgment has been issued.
A. 
Appeals in civil causes may be taken from the City Court to the County Court of Ulster County in the manner provided in Article 40 of the Civil Practice Act, from:
(1) 
A judgment in an action.
(2) 
A final order in a special proceeding.
(3) 
An order granting or denying a new trial.
(4) 
An order granting or denying a motion to open a default and to vacate a judgment or final order entered thereon.
(5) 
An order granting or denying a motion to vacate a judgment or a final order upon the grounds that the judgment was rendered or the final order was made without service of summons or process.
(6) 
An order granting or denying a motion to discharge a defendant from arrest, or an order granting or denying a motion to vacate or modify a warrant of attachment or a requisition to replevy or a warrant of seizure.
(7) 
An order denying a motion for summary judgment or for judgment on the pleadings.
(8) 
Any other order, provided that leave to appeal be granted:
(a) 
By the Judge who made the order, upon motion made within eight days after service of a copy of such order with notice of entry thereof; or
(b) 
In the event of the denial of such leave in the City Court, by the Judge of the Appellate Court, upon motion made within 10 days after such denial.
B. 
Upon the determination of an appeal to the County Court, as provided in this section, or of a further appeal to the Appellate Division, as provided in Article 40 of the Civil Practice Act, a certified copy of the order of the Appellate Court, with the original case or papers upon which the appeal was heard, shall be transmitted to the Clerk of the City Court, and the judgment, if any, rendered or directed pursuant to such order shall be entered by such Clerk.
The Court may, by rule, establish a part for the determination of small claims, pursuant to the following provisions:
A. 
"Small claims" defined. As used in this section, "small claims" shall mean and include any claim or cause of action or counterclaim within the jurisdiction of this Court except summary proceedings for the recovery of real property, where the amount claimed by the plaintiff or claimant or defendant or the value of the property affected or of the right claimed does not exceed $150, exclusive of interest and costs.
[Amended by L. 1962; Ch. 226]
B. 
Small claims procedure, generally. The Court may, by rules, regulate the practice and procedure controlling the determination of small claims and prescribe and furnish the forms for instituting them. They shall constitute a simple, informal and inexpensive procedure for the prompt determination of such claims so as to do substantial justice between the parties, in accordance with the rules and principles of substantive law. The provisions of the Civil Practice Act, the Rules of Civil Practice and this act shall apply to claims brought under this section; so far as the same can be made applicable and are not in conflict, the provisions of this section shall control. Nothing contained in this section, however, shall be construed to render inapplicable statutory provisions relating to privileged communications and the provisions of § 347 of the Civil Practice Act.
C. 
Commencement of action. Small claims shall be commenced upon payment by the claimant of a filing of $1.25, without the service of a summons and, except by special order of the Court, without the service of any pleading other than a statement of his cause of action by the claimant or someone in his behalf to the Clerk, who shall reduce the same to a concise, written form and record it in a docket kept for such purpose. A notice of such claim and of the time set for the hearing thereof shall be sent to the person complained against by registered mail, with return receipt requested. The cost of sending such notice shall be included in the filing fee hereinbefore specified.
D. 
Transfer. The Court shall have power to transfer any small claim or claims to any other part of the Court upon such terms as the rules may provide, and proceed to hear the same according to the usual practice and procedure applicable to other parts of the Court.
E. 
Trial by jury. A person commencing an action upon a small claim under this section shall be deemed to have waived a trial by jury, but if said action shall be removed to a regular part of the Court, the plaintiff shall have the same right to claim a trial by jury as if such action had originally been begun in such part. Any party to such action, other than the plaintiff, prior to the day upon which he is notified to appear or answer, may file in the Court where the action is pending a demand for a trial by jury and his affidavit that there are issues of fact in the action requiring such a trial, specifying the same, and stating that such trial is desired and intended in good faith. Such demand and affidavit shall be accompanied with the jury fee required by law and an undertaking in the sum of $50, in such form as may be approved by the rules, payable to the other party or parties, conditioned upon the payment of any costs which may be entered against him in said action or any appeal within 30 days after the entry thereof; or, in lieu of said undertaking, the sum of $50 may be deposited with the Clerk of the Court, and thereupon the Clerk shall forthwith transmit such original papers or duly attested copies thereof as may be provided by the rules of the part of the Court to which the action shall have been transferred and assigned, and such part may require pleadings in such action as though it had been begun by the service of a summons, and such action may be considered a preferred cause of action. In any small claim which may have been transferred to another part of the Court, the Court may award costs up to $25 to the plaintiff if he prevails.
F. 
Review. A person commencing an action upon a small claim under this section shall be deemed to have waived all right to appeal, except that either party may appeal on the sole grounds that substantial justice has not been done between the parties according to the rules and principles of substantive law.
G. 
Res judicata. A judgment obtained under this section may be pleaded as res judicata only as to the amount involved in the particular action and shall not otherwise be deemed an adjudication of any fact at issue or found therein in any other action or court.
H. 
To whom procedure unavailable. No corporation, partnership or association and no assignee of any small claim shall institute an action or proceeding under this section.
I. 
Procedure alternative. Procedure under this section shall not be exclusive but shall be alternative to the procedure in actions commenced in the Court by the service of a summons.
In a civil action or proceeding, there shall be allowed to the prevailing party, who has appeared by attorney, the following sums as costs, which in no event shall exceed $50:
A. 
To the plaintiff, if he recovers judgment after trial is commenced, 10% of the amount recovered or of the amount demanded in any counterclaim, whichever is greater.
B. 
To the defendant, if he recovers judgment after trial is commenced, 10% of the amount demanded in the complaint or recovered on his counterclaim, whichever is greater.
C. 
To either party, who recovers judgment before trial, costs shall be allowed at 1/2 of the rates prescribed by §§ A406-29A or A406-29B, as the case may be.
D. 
Where an action or counterclaim is discontinued before trial, costs shall be allowed at the rates prescribed by § A406-29C. Where an action or counterclaim is discontinued after the trial thereof has commenced, costs shall be allowed at the rates prescribed by §§ A406-29A or A406-29B, as the case may be.
E. 
If the defendant interposes a counterclaim, and both the plaintiff's complaint and the defendant's counterclaim are dismissed, costs shall be awarded as follows: the plaintiff's costs shall be computed at the rates prescribed in § A406-29A, based on the amount demanded in the counterclaim, and the defendant's costs shall be computed at the rates prescribed in § A406-29B, based on the amount of the plaintiff's claim, such computation being made without regard to the limitation of $50 prescribed in this section; and the costs to be included in the judgment, in no event to exceed $50, shall consist of the amount of the difference between the plaintiff's costs and the defendant's costs as thus computed, and shall be awarded to the party whose costs as above computed are the larger. Neither party shall be entitled to disbursements. If the defendant interposes a counterclaim and both the plaintiff and defendant recover on their claims, the plaintiff's costs shall be awarded at the rates prescribed in § A406-29A, based on the amount recovered upon his claim, and the defendant's costs shall be awarded at the rates prescribed in § A406-29B of this section, based on the amount recovered upon his claim, the costs to be included in the judgment shall consist of the amount of the difference between the plaintiff's costs and the defendant's costs, which shall be thus computed without regard to the limitation of $50 heretofore prescribed by this section, and shall be awarded to the party whose costs as above computed are the larger. Costs as finally awarded by virtue of this subdivision shall not exceed $50.
F. 
To the prevailing party, if the amount recovered does not exceed $50, or to either party where provision for costs is not otherwise made, the Court may, in its discretion, award the sum of $5.
G. 
To either party, the Court may, in its discretion, grant costs, not exceeding $10, upon a motion, including the adjournment of a trial.
H. 
In an action to establish or foreclose a lien, or in a replevin action, costs shall be computed upon the basis of the value of the chattel or the amount of the lien, as determined by the judgment or claimed by the adverse party, as the case may be.
The following fees, and no others, shall be paid in civil matters:
A. 
Court fees. There shall be paid to the Clerk of the Court, before the services hereinafter enumerated are performed:
(1) 
For filing a note of issue: $1.
(2) 
For filing a notice of appeal: $2.
(3) 
For issuing an order of arrest, a warrant of attachment, a requisition to replevy or a warrant of seizure: $1.
(4) 
For entry of judgment or final order: $1.
(5) 
For transcript of judgment: $0.50.
(6) 
For a trial by a jury, $6, to be paid by the party demanding the jury at the time of filing the demand.
(7) 
For certifying a copy of a paper on file in the Clerk's office, $0.10 for each folio of 100 words, but in no case less than $0.25, and except that no fee shall be charged for certifying a return on appeal.
(8) 
For issuing a precept in a summary proceeding to recover possession of real property: $1.
B. 
Marshal's fees. There shall be paid to a Marshal of the Court, by the party requiring his services, the same fees to which a Sheriff would be entitled for like services, if performed by him.
C. 
Jurors' fees. The local legislative body may prescribe the per diem compensation to be paid jurors.
A prevailing party shall be allowed his necessary disbursements whether he has appeared in person or by an attorney, except as provided by § A406-29E hereof.
The Court may adopt, amend and rescind rules not inconsistent with this act, the Civil Practice Act or the Rules of Civil Practice. The rules shall be entered upon the minutes of the City Court and shall be published as the City Judge may direct.
All orders, papers, undertakings and judgment rolls in actions and proceedings in the Court, required by statute or rule to be filed, shall be filed in the office of the Clerk of the Court.
The criminal jurisdiction conferred by this act shall extend to charges of crimes and offenses committed within the territorial limits of the city. A warrant issued by a Judge shall be executed only by a peace officer, and may be executed, without endorsement by any Magistrate, in any county by any peace officer in the state.
A. 
A City Judge shall possess all the powers and jurisdiction of a Magistrate.
B. 
The Court shall have the jurisdiction of a court of special sessions, to be exercised under the title of City Court, and shall also have, in the first instance, exclusive jurisdiction to hear, try and determine any charge of misdemeanor committed within the city. It shall have exclusive jurisdiction to hear, try and determine all complaints and charges of violations of the City Charter, local laws, ordinances and rules and regulations adopted pursuant thereto.
C. 
Any charge of misdemeanor pending before the Court may be removed to a court sitting with a grand jury in the manner provided by §§ 57 and 58 of the Code of Criminal Procedure, except that a complaint or charge involving violation of the City Charter, local law, ordinance, rule or regulation shall not be so removed.
D. 
The Court shall have power, upon conviction, to impose such sentence as is provided by law for the particular crime or offense.
E. 
The Judge shall have power to let to bail, as provided by law, all persons brought before him charged with a crime or offense, and shall not be limited by § 737 of the Code of Criminal Procedure.
Except as herein provided, all provisions of the Code of Criminal Procedure relating to inferior courts of local jurisdiction shall apply to criminal actions, proceedings and matters in the Court.
No civil action or proceeding or matter pending before the City Court when this act takes effect shall abate or in any way be affected by the provisions of this act, but all such actions or proceedings or matters so pending shall thereafter be continued before the City Court established by this act, and all such actions or proceedings or matters so continued before the City Court established by this act shall be conducted in accordance with the laws in force on June 30, 1952, except that the Court or Judge may apply thereto, in the interest of justice, any remedial provision of this act not inconsistent with the proceedings theretofore had or taken in such action, proceeding or matter.
This act shall be cited and may be referred to as the "Kingston City Court Act."
Title VI of Chapter 747 of the Laws of 1896, entitled "An act to revise and consolidate the several acts in relation to the City of Kingston, to revise the charter of said city, and to establish a city court therein and define its jurisdiction and powers," and all acts amendatory of and supplemental to such title, are hereby repealed.
This act shall take effect July 1, 1952.