TITLE 4. Jurisdiction. TITLE IV. The marine court of the city of New-York. SEC. 315. Jurisdiction. 316. The last section limited. 317. Jurisdiction in marine causes. 318. No power to naturalize aliens. 819. Removal of action to supreme court from marine court. 320. Justices; their general duties. 321. How suspended from office. 322. Chief-justice; how designated; his general duties, etc. 323. Justices may make rules. 324. Court when open; justices to designate terms; routine of business at the terms, etc. 825. Terms, where held; publication of appointments. 326. Justices may take oaths, acknowledgments, etc. 327. Orders, etc., how made. 828. Clerk, deputy-clerk and assistants. 329. General duties of deputy-clerk. 330. Special deputy-clerks. 331. Clerk to account monthly for fees, and pay over the same. 332. Stenographers. 333. Interpreter. 344. Id.; penalty for misconduct. 335. Clerk must appoint attendants, etc. 336. Clerks, interpreter and attendants not to receive fees. 337. Suspension of an officer of the court. 338. What mandates may be executed without the city. 339. Direction and execution of mandates. § 315. The jurisdiction of the marine 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, 104 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 dol lars, exclusive of interest from the time of making the statement, upon which the judgment is entered. TITLE 4 § 316. The jurisdiction conferred by the last section is The last subject to the following limitations and regulations: 1. In an action wherein the complaint demands judg ment for a sum of money only, the sum, for which judg ment is rendered in favor of the plaintiff, cannot exceed two thousand dollars, exclusive of interest, and costs as taxed; except where it is brought upon a bond or undertaking, given in an action or special proceeding in the same court, or before a justice thereof; or to recover damages for a breach of promise of marriage; or where it is a marine cause, as that expression is defined in the next section. Where the action is brought upon a bond or other contract, the judg ment must be for the sum actually due, without regard to a penalty therein contained; and, where the money is payable in instalments, successive actions may be brought for the instalments, as they become due. 2. In an action to recover one or more chattels, a judg ment cannot be rendered in favor of the plaintiff, for a chattel or chattels, the aggregate value of which exceeds two thousand dollars. 3. The court has not jurisdiction of an action against an executor or administrator, in his representative capacity. [14] 105 section limited. TITLE 4. Jurisdiction in marine causes. No power to natur § 317. The following actions are styled in this act, marine causes, and the court possesses the same jurisdiction of such an action, as the supreme court of the State: 1. An action in favor of a person, belonging to a vessel in the merchant service, against the owner, master, or commander thereof, for the reasonable value of services, or for the breach of a contract to pay for services, rendered or to be rendered on board of the vessel, during a voyage, wholly or partly performed, or intended to be performed by it. 2. An action in favor of or against a person, belonging to or on board of a vessel in the merchant service, to recover damages for an assault, battery, or false imprisonment, committed on board the vessel, upon the high seas, or in a place without the United States. But this section does not confer upon the marine court authority to proceed, as a court of admiralty or maritime jurisdiction. § 318. The court has not, nor has either of the justices alize thereof, power to naturalize an alien. aliens. Removal of action to supreme court from marine oourt. § 319. The supreme court, at a term held in the first judicial district, may, by an order made at any time after joinder of an issue of fact, and before the trial thereof, remove to itself an action brought in the marine court, for the purpose of changing the place of trial thereof. Where an order for removal is made, as prescribed in this section, the place of trial must be changed by the same order to another county, and the subsequent proceedings therein must be the same as if the action had been originally brought in the supreme court. The provisions of sections 344, 345 and 346 of this act, apply to an application to remove such an action, and to the proceedings upon and subsequent to the removal, as if the marine court was specified in those sections in place of the county court, and a justice thereof in place of the county judge. TITLE 4 Justices; general § 320. The court consists of six justices, one of whom is the chief-justice of the court. Each justice must perform his their share of the labors and duties appertaining to the office. duties. 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 gener ally 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. pended office. § 321. Where it appears presumptively, to the satis- How susfaction of the governor, that a justice of the court has from 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. justice; desig his gen duties, § 322. The justices of the court, or a majority of them, Chiefmust, from time to time, as a vacancy occurs in the office of how chief-justice, designate one of their number to be chief. nated: justice. A certificate of the designation, under the hands eral of the justices making the same, must be filed in the office etc. 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, TITLE 4. as a presiding justice of the supreme court; and when he is present and is not disqualified, he must preside at a general term. Justices may make rules. Court when open; justices nate routine of at the terms, etc. § 323. The justices of the court, or a majority of them, may, from time to time, establish rules of practice for the court, not inconsistent with this act, or with the general rules of practice, established as prescribed in section 17 of this act. The latter govern the practice in the court, as far as they are applicable thereto. 324. The court is always open for the transaction of any business, for which notice is not required to be given to desig- to an adverse party. The justices of the court, or a terms; majority of them, from time to time must appoint, and business may alter, the times of holding general, special, and trial terms of the court. They must prescribe the duration of the terms; designate the trial terms at which jurors are required to attend; and assign the justice or justices to preside and attend, at each of the terms so appointed. In case of the inability of a justice to preside or attend, another justice may preside or attend in his place. Each trial and special term must be held by one justice; and each general term by at least two justices. Two or more general, special, or trial terms may be appointed to be held at the same time. The concurrence of two justices is necessary to pronounce a decision at a general term. If two do not concur, a re-argument must be ordered. The justices holding a general term may order a re-argument, before themselves, or at a subsequent general term, of a cause heard by them, or at a previous general term. Terms, where held; publication of appointments. § 325. Each term so appointed must be held at the cityhall in the city of New-York, except that auxiliary or additional parts, for the transaction of any business specified in the appointment, may be held elsewhere within the city of New-York, as designated in the appointment. An appoint |