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City of Albany, NY
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The Code
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Part I Administrative Legislation
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Chapter 30 Courts and Legal Procedures
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Part 2 City Court Act
Part 2
City Court Act
Article II
Jurisdiction and General Powers
§ 30-12
City Court continued.
§ 30-13
Jurisdiction.
§ 30-14
No jurisdiction in certain cases.
§ 30-15
Contempt of court; criminal.
§ 30-16
Punishment.
§ 30-17
In view of Court; how punished.
§ 30-18
Punishment limitations.
§ 30-19
Contempts punishable civilly.
§ 30-20
Process; where service may be made.
§ 30-21
Justices; powers of office.
§ 30-22
Rules of practice.
§ 30-23
Court; when and how held.
§ 30-24
Trial, continuation of; special proceeding may be continued before another Justice.
§ 30-25
Death or removal of Justice not to impair proceedings.
§ 30-26
Seal of Court.
§ 30-27
Civil Practice Act; rules of Supreme Court applicable; when.
Article III
Actions; Summons; Parties
§ 30-28
Action; how commenced.
§ 30-29
Summons; requisites.
§ 30-30
Form of summons.
§ 30-31
Method of service.
§ 30-32
Summons; service; court order.
§ 30-33
Summons; service; court order; contents.
§ 30-34
Filing; proof of service.
§ 30-35
Summons; service; court order; failure to appear; time to defend.
§ 30-36
Summons; service; who may serve.
§ 30-37
Summons; return day.
§ 30-38
Summons; indorsements.
§ 30-39
Summons; indorsement.
§ 30-40
Parties; appearance of.
§ 30-41
Guardian ad litem.
§ 30-42
Joinder of parties.
Article IV
Order of Arrest
§ 30-43
Process to be served by Marshal.
§ 30-44
In what cases order of arrest to be granted.
§ 30-45
Affidavit and undertaking upon granting.
§ 30-46
What to direct.
§ 30-47
Papers to be delivered to arrested person; proceeding thereupon.
§ 30-48
Plaintiff to be notified of arrest.
§ 30-49
Undertaking or deposit before return.
§ 30-50
When undertaking or deposit may be furnished.
§ 30-51
Undertaking or deposit after return.
§ 30-52
When and how defendant to remain in custody.
§ 30-53
Duty of Marshal.
§ 30-54
Undertaking by arrested defendant on applying for adjournment.
§ 30-55
Motion to discharge from arrest.
§ 30-56
Privilege from arrest.
Article V
Attachment
§ 30-57
When may be granted.
§ 30-58
What must be shown to procure warrant.
§ 30-59
Contents of warrant.
§ 30-60
Undertaking; plaintiff.
§ 30-61
How warrant to be executed.
§ 30-62
Attachment; how levied.
§ 30-63
Certificate of defendant's interest to be furnished.
§ 30-64
Person refusing certificate may be examined.
§ 30-65
Marshal may maintain action.
§ 30-66
When attachment is discharged, property to be restored to defendant.
§ 30-67
Service of summons and warrant on defendant.
§ 30-68
Undertaking by defendant.
§ 30-69
Claim by third person; bond.
§ 30-70
Judgment upon undertaking.
§ 30-71
Action upon undertaking.
§ 30-72
Return by Marshal.
§ 30-73
Application to vacate or modify warrant of attachment.
§ 30-74
Effect of vacating warrant.
§ 30-75
Judgment.
Article VI
Action to Recover a Chattel; Replevin
§ 30-76
Affidavit and undertakings.
§ 30-77
Affidavit and undertaking by plaintiff.
§ 30-78
Affidavit therefor; before commencement of action.
§ 30-79
Where several chattels are to be replevied.
§ 30-80
Plaintiff's undertaking for replevin.
§ 30-81
When agent may make affidavit for replevin or return.
§ 30-82
Requisition.
§ 30-83
How executed.
§ 30-84
How executed if property concealed.
§ 30-85
Marshal to keep in possession; when and how to deliver.
§ 30-86
Return to requisition.
§ 30-87
Defendant; when to except to sureties; proceedings thereupon.
§ 30-88
Defendant may reclaim chattel; proceedings thereupon.
§ 30-89
When and to whom Marshal to deliver chattel.
§ 30-90
Penalty for wrong delivery by Marshal.
§ 30-91
Claim of title by third person; proceeding thereupon.
§ 30-92
Action against a Marshal on claim.
§ 30-93
Indemnity to Marshal against such action.
§ 30-94
Third party may interplead and defend.
§ 30-95
Answer of title in third person.
§ 30-96
Defendant may demand judgment for return of chattel.
§ 30-97
For delivery of property; how money recovered by the same judgment may be collected.
§ 30-98
Damages when chattel injured by defendant.
§ 30-99
Judgment or verdict; what to state.
§ 30-100
Judgment or verdict, for part of several chattels.
§ 30-101
Damages; how ascertained on default.
§ 30-102
Final judgment.
§ 30-103
Execution; contents thereof.
§ 30-104
Marshal's power to take chattel.
§ 30-105
Action on undertaking; when maintainable.
§ 30-106
Marshal's return; evidence therein.
§ 30-107
Injury; no defense.
§ 30-108
Proceeding where summons not personally served.
§ 30-109
When action not affected by failure to replevy.
§ 30-110
Joinder of action with others.
Article VII
General Regulations Respecting Undertakings
§ 30-111
Requisites of.
§ 30-112
Exceptions to sureties.
§ 30-113
Justification of sureties.
§ 30-114
Allowance of undertaking.
§ 30-115
Filing of undertaking.
Article VIII
Action To Foreclose a Lien On a Chattel
§ 30-116
Warrant in action for.
§ 30-117
Action on conditional sale agreement; how brought.
§ 30-118
Judgment; order of arrest; body execution.
§ 30-119
Judgment; procedures.
§ 30-120
How execution enforced if property be concealed.
§ 30-121
Application of this article.
Article IX
Pleadings
§ 30-122
Pleadings; bills of particulars; special appearances.
§ 30-123
Joinder and severance of causes of action.
§ 30-124
Plaintiff to prove his case; exceptions.
§ 30-125
Summary or partial judgment.
§ 30-126
Defendant may offer to allow judgment or compromise.
§ 30-127
Complaint.
§ 30-128
Answer; contents thereof.
§ 30-129
Counterclaim defined.
§ 30-130
Joinder and severance of counterclaims.
§ 30-131
Rules respecting the allowance of counterclaim.
§ 30-132
Judgment when demand or counterclaim is equal or unequal.
§ 30-133
For affirmative relief.
§ 30-134
Counterclaim when defendant is sued in a representative capacity.
§ 30-135
Counterclaim when plaintiff is an executor or administrator.
§ 30-136
Counterclaim where amount is in excess of Court's jurisdiction.
§ 30-137
Formal reply to counterclaim not necessary.
§ 30-138
Objection to jurisdiction and to pleadings.
§ 30-139
Objections which may be taken by answer.
§ 30-140
Disposal of objections.
§ 30-141
Judgment upon the pleadings.
§ 30-142
Requirements concerning verified pleadings.
§ 30-143
Verification; how and by whom made.
§ 30-144
Exhibition of accounts at instance of adverse party may be ordered.
§ 30-145
Amendment of pleadings.
§ 30-146
Private statute; how pleaded.
§ 30-147
Judgments; how pleaded.
§ 30-148
Conditions precedent; how pleaded.
§ 30-149
Pleadings to be liberally construed.
§ 30-150
Immaterial variance in pleading to be disregarded.
§ 30-151
Material variances; how provided for.
§ 30-152
What to be deemed a failure of proof.
§ 30-153
Partial defenses.
§ 30-154
Corporations; actions by or against.
§ 30-155
Corporations; action by or against; proof of existence.
§ 30-156
Corporations; actions by or against; misnomer.
§ 30-157
Answer; title to real property.
§ 30-158
Answer; title to property; undertaking.
§ 30-159
Answer; title to real property; new action; venue.
§ 30-160
Answer; title to real property; old action.
§ 30-161
Answer; title to real property; undertaking; failure to deliver.
§ 30-162
Trial; title to real property.
§ 30-163
Answer; title to real property; new action; causes of action.
§ 30-164
Answer; title to real property; two or more causes of action.
§ 30-165
Interpleader.
Article X
Adjournments; Subpoena; Attendance of Witnesses
§ 30-166
Adjournments; restoration of case to calendar when no appearance.
§ 30-167
Adjournment; conditions.
§ 30-168
Witnesses; attendance.
§ 30-169
Subpoena; service.
§ 30-170
Subpoena; failure to appear.
§ 30-171
Subpoena; warrant of attachment; execution; fees.
§ 30-172
Subpoena; failure to appear; liability; fine or punishment.
Article XI
Depositions
§ 30-173
Commission; authorized to take testimony.
§ 30-174
Commission on consent; deposition upon oral questions.
§ 30-175
When and how commission granted.
§ 30-176
Adjournment where commission granted.
§ 30-177
How executed and returned.
§ 30-178
Certificate of execution; form.
§ 30-179
Certificate; sufficient return.
§ 30-180
When deposition may be suppressed.
§ 30-181
Deposition; evidence.
§ 30-182
Power of commissioners.
§ 30-183
Receipt of commission; Court Clerk.
§ 30-184
Deposition to take testimony conditionally.
§ 30-185
Affidavit on application; requirements.
§ 30-186
Deposition by consent.
§ 30-187
Order for examination.
§ 30-188
Punishment for disobeying order; witness fees.
§ 30-189
Service of order.
§ 30-190
Adjournment of examination.
§ 30-191
Party confined in prison.
§ 30-192
Rules for examination; manner of taking and returning deposition; refusal of person examined to answer.
§ 30-193
Deposition may be read in evidence; when.
§ 30-194
Effect of deposition.
Article XII
Trial; Trial Jurors; Jury Term
§ 30-195
Time for rendering judgment or decision.
§ 30-196
Trial by jury; drawing the jury.
§ 30-197
Adjournments after return of jury.
§ 30-198
Compensation of jurors.
§ 30-199
List of jurors.
§ 30-200
How jury summoned; notice.
§ 30-201
Talesmen.
§ 30-202
Jurors to serve in other cases.
§ 30-203
Jury term may be ordered.
§ 30-204
Surplus jury fees to be paid to City Treasurer.
§ 30-205
Ballots of jurors summoned but not drawn.
§ 30-206
Verdict; requisites.
§ 30-207
Conduct of trial.
§ 30-208
Submission of a controversy upon facts admitted.
§ 30-209
Papers to be filed.
§ 30-210
Subsequent proceedings regulated.
Article XIII
Judgments
§ 30-211
Judgments generally.
§ 30-212
Nonsuit; when authorized.
§ 30-213
Judgment of dismissal on merits; when.
§ 30-214
Judgment when sum exceeds jurisdiction.
§ 30-215
Judgment where defendant liable to arrest.
§ 30-216
Court may direct verdict; when.
§ 30-217
Court may open default.
§ 30-218
Motion to set aside verdict or vacate or amend judgment or final order.
§ 30-219
New trial; fraud or newly discovered evidence.
§ 30-220
Court may impose conditions.
§ 30-221
Stay of proceedings.
Article XIV
Executions
§ 30-222
How issued.
§ 30-223
Transcript, how to issue; judgment of County Court when docketed.
§ 30-224
When satisfaction of judgment presumed.
§ 30-225
Real property bound for ten years by a judgment thus docketed.
§ 30-226
Judgment, and effect of, against defendants jointly indebted when all are not served.
§ 30-227
Execution; indorsement thereupon.
§ 30-228
How collected.
§ 30-229
Judgment, how docketed; effect of docketing.
§ 30-230
Action against joint debtors.
§ 30-231
Docketing judgment in another county.
§ 30-232
Judgment against Marshal.
§ 30-233
Execution; requisites.
§ 30-234
Arrest.
§ 30-235
Renewal of execution.
§ 30-236
Arrest and sale of property limited.
§ 30-237
Marshal; when liable to execution; creditor.
§ 30-238
Satisfaction of judgments.
Article XV
Appeals
§ 30-239
Appeals; to what courts taken.
§ 30-240
When and how taken.
§ 30-241
Notice of appeal; service.
§ 30-242
Notice of appeal; service; error.
§ 30-243
Undertaking to stay execution upon judgment.
§ 30-244
Proceedings; how stayed.
§ 30-245
Return on appeal.
§ 30-246
Settlement of case on appeal.
§ 30-247
When Justice is dead.
§ 30-248
Appeal when adverse party has died.
§ 30-249
Proceedings when party dies pending appeal.
§ 30-250
Order of substitution.
§ 30-251
Restitution upon reversal.
§ 30-252
Setting off costs and recovery.
§ 30-253
Hearing on appeal, dismissal thereof; reversal on stipulation.
§ 30-254
Judgment or final order.
§ 30-255
Appellate Division; inapplicability of sections.
§ 30-256
Certified copy of judgment after appeal to be filed.
§ 30-257
New trial ordered by Appellate Division.
Article XVI
Costs and Fees
§ 30-258
When prevailing party to recover costs.
§ 30-259
When neither party to recover costs.
§ 30-260
Costs; sums allowed.
§ 30-261
Costs on motion to dismiss a pleading.
§ 30-262
Costs on amendment of pleading.
§ 30-263
Costs on adjournment.
§ 30-264
Costs after discontinuance, upon answer of title.
§ 30-265
Costs where title to real property in question.
§ 30-266
Taxation of costs.
§ 30-267
Review of taxation.
§ 30-268
Costs; duty of Clerk on taxation.
§ 30-269
Costs; affidavit respecting disbursements.
§ 30-270
Costs upon appeal; to whom.
§ 30-271
Costs upon appeal; amount.
§ 30-272
Court not to receive fees except in summary proceedings.
§ 30-273
Witnesses' fees.
§ 30-274
Marshal's fees.
§ 30-275
Costs on order to prosecute Marshal's bonds.
§ 30-276
Security for costs.
Article XVII
Justices
§ 30-277
Election and term of office.
§ 30-278
Who is eligible to office of Justice.
§ 30-279
Salary of Justices.
§ 30-280
Vacancy in office; how filled.
§ 30-281
Appointment of subordinates.
Article XVIII
Clerk
§ 30-282
Clerk; appointed.
§ 30-283
Duties of the Clerk.
§ 30-284
Docket; what to contain.
§ 30-285
Docket entries; how to be made.
§ 30-286
Index to docket.
§ 30-287
To be delivered by Clerk to his successor.
§ 30-288
Successor may issue execution on former unsatisfied docket.
§ 30-289
Certified copies; prima facie evidence.
Article XIX
Marshals
§ 30-290
Appointment and term of office; rules and regulations prescribing attendance.
§ 30-291
Marshal not to appear.
§ 30-292
Bond to be executed by.
§ 30-293
Prosecution of bond.
§ 30-294
In what court bond may be prosecuted.
§ 30-295
Judgments against Marshals; transcript and execution.
§ 30-296
Entry of judgment to be indorsed on bond; how.
§ 30-297
Amount collected to be credited on bond.
§ 30-298
City Clerk to report canceled bonds to court; renewal of bond.
§ 30-299
Appointment deemed waived for failure to file bond.
§ 30-300
Process to be served by Marshals.
§ 30-301
Marshal may serve process within City limits or adjoining town.
§ 30-302
Certain laws in relation to Sheriffs made applicable.
§ 30-303
Marshal to keep entry book and indorse.
§ 30-304
Removal and suspension of Marshals.
§ 30-305
Payment of money received by Marshals.
Article XX
Stenographers
§ 30-306
Appointment and removal.
§ 30-307
Filing of original notes; rulings to be noted.
§ 30-308
Preservation of original notes; writing out of the same.
§ 30-309
Furnish copy of written notes; fees.
§ 30-310
Salary.
Article XXI
Definitions; Effects of Part; Repealer
§ 30-311
Definitions and word usage.
§ 30-312
Saving clause.
§ 30-313
Construction.
§ 30-314
Laws repealed.
Article XXII
Rules of Practice of the City Court of Albany
§ 30-315
Return of process.
§ 30-316
Calendar practice.
§ 30-317
Jury calendar.
§ 30-318
Justice's decisions.
§ 30-319
Requirements of return and other papers.
§ 30-320
Fees.
§ 30-321
Settlement of actions of infants and incompetents.
§ 30-322
Payment of money out of court.
§ 30-323
Special rules for eviction proceeding.