3. An action to foreclose or enclose 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 dollars, exclusive of interest from the time of making the statement upon which the judgment is entered. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 316. The last section limited. [AMENDED BY CH. 542 OF 1879.] The jurisdiction conferred by the last section is subject to the following limitations and regulations:

1. In an action wherein the complaint demands judgment for a sum of money only, the sum, for which judgment 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 judgment must be for the sum actually due, without regard to the penalty therein contained; and, where the money is payable in installments, successive actions may be brought for the installments, as they become due.

2. In an action to recover one or more chattels, a judgment cannot be rendered in favor of the plaintiff, for a chattel or chattels the aggregate value of which exceeds two thousand dollars.

3. (Sub. 3 repealed ch. 441 of 1889.)

$317. Jurisdiction in special causes. The city court of the city of New York possesses the same jurisdiction in the following actions 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 city court authority to proceed, as a court of admiralty or maritime jurisdiction. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 318. No power to naturalize aliens. The court has not, nor has either of the justices thereof, power to naturalize an alien.

§ 319. Removal of action to supreme court from city court. 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 city 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 three hundred and forty-four, three hundred and

forty-five and three hundred and forty-six 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 city court were specified in those sections in place of the county court, and a justice thereof in place of the county judge. [AM'D BY CHAP. 946 OF 1895. In effect Jan. 1, 1896.]

§ 320. Justices; their general duties. [AMENDED BY CH. 416 OF 1877.] The court consists of six justices, one of whom is the chief-justice of the court. Each justice must perform his share of the labors and duties appertaining to the office. 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 generally 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.

$321. How suspended from office. Where it appears presumptively, to the satisfaction of the governor, that a justice of the court has 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 d cretion, make an order, suspending that justice from the exercise of tho 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.

§ 322. Chief-justice; how designated; his general duties, etc. The justices of the court, or a majority of them, must, from time to time, as a vacancy occurs in the office of chief-justice, designate one of their number to be chief-justice. A certificate of the designation, under the hands of the justices making the same, must be filed in the office 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, as a presiding justice of the supreme court; and when he is present and is not disqualified, he must preside at a general term.

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§ 323. Justices may make rules. 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 seventeen of this act. The latter govern the practice in the court, as far as they are applicable thereto.

$324. Court when open; justices to designate terms; routine of business at the terms, etc. The court is always open for the transaction of any business, for which notice is not required to be given to an adverse party. The justices of the court, or a majority of them, from time to time must appoint, and 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.

over 34 325. Terms, where held; publication of appointments. Each term so appointed must be held at the city hall 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 appointment must be published in two newspapers, published in the city of New York, at least once in each week, for three successive weeks, before a term is held in pursuance thereof.

§ 326. Justices may take oaths, acknowledgments, etc. Each of the justices may, within the city of New York, administer an oath, or take a deposition, or the acknowledgment or proof of the execution of a written instrument, and certify the same, in like manner and with like authority and effect, as a justice of the supreme court.

§ 327. Orders, etc., how made. In an action brought in the court, an order cannot be made, or a warrant of attachment granted, by an officer, other than a justice of the court and each provision of this act which empowers an officer other than a judge of the court in which an action is brought, to make an order therein, must be be construed as being exclusive of an action brought in the city court. [AM'D BY CHAP. 946 or 1895. In effect Jan. 1, 1896.]

? 328. Clerk, deputy clerk and assistants. The court has a clerk, who Is appointed and may be removed at pleasure, by the justices thereof, or a majority of them. He must, by a written instrument under his hand, filed in his office, appoint, and may at pleasure remove, three deputy clerks and not more than eleven assistants. The clerk is responsible for the faithful discharge of his duty by each deputy clerk and each assistant. clerk, each deputy clerk, and each assistant is entitled to a salary, fixed and to be paid as prescribed by law. [AM'D CH. 154 OF 1891; in effect April 29, 1891.]

The

$329. General duties of deputy-clerk. [AMENDED BY CH. 416 OF 1877.] The clerk, and also each deputy-clerk, before he enters upon the duties of his office, must subscribe, and file in the office of the clerk of the city and county of New York, the Constitutional oath of office. The deputy-clerk has all the powers, and may perform all the duties of the clerk, when the office of clerk is vacant, or at the clerk's office, when the clerk is absent therefrom, or at a term or sitting of the court which the deputy-clerk attends.

$ 330. Special deputy-clerks. [AMENDED BY CH. 416 OF 1877.] The clerk may designate as many of his assistants, as the justices of the court, or a majority of them, deem necessary, as special deputy-clerks. Each special deputy-clerk possesses, in the absence of the clerk and a deputyerk, the same powers as the clerk, at any sitting or term of the court which he attends, with respect to the business transacted thereat.

$331. Clerk to account monthly for fees, and pay over the same. JAMENDED BY CH. 416 OF 1877.] The clerk must receive, for the use of the city of New York, the fees allowed by law. He shall not perform any service, for which a fee is allowed by law, until the fee therefor is paid to him. He must, on the first day of each month, or within three days thereafter, render to the comptroller of the city an account, under oath, of all fees received, directly or indirectly, during the preceding month, by him, or by a deputy

clerk, or either of his assistants, for any official service; and he must, at the same time, pay the same into the treasury of the city of New York. When the return and payment are so made, the clerk is entitled to receive his compensation, for the period included in the return. He is not entitled to compensation for a period for which he has not made his return and payment.

§ 332. Stenographers. [AMENDED BY CH. 416 OF 1877.] The clerk of the court must appoint three stenographers of the court, and may at pleasure remove either of them. The justices of the court, or a majority of them, must, from time to time, assign each of the stenographers to duty at the trial terms. Each stenographer is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each term to which he is assigned.

§ 333. Interpreter. [AMENDED BY CH. 416 or 1877.] The clerk of the court, from time to time, must appoint, and may at pleasure remove, an official interpreter of the court, who is entitled to a salary, fixed and to be paid as prescribed by law. Before entering upon his official duties, he must subscribe and file in the office of the clerk of the city and county of New York, the Constitutional oath of office. He must attend any trial or special term of the court, where his services are required; and the justices of the court, or a majority of them, may, by order, regulate his attendance.

§ 331. Id.; penalty for misconduct. If the official interpreter knowingly and wilfully, falsely interprets any evidence, matter or thing, between a witness and the court, or a justice thereof, in the course of an action or special proceeding, he is guilty of perjury.

§ 335. Clerk must appoint attendants. [AMENDED BY CH. 416 OF 1877.] The clerk of the court must appoint, and may at pleasure remove, as many attendants upon the court as he deems necessary, not exceeding thirteen; the justices of the court, or a majority of them, may regulate their attendance. Each attendant is entitled to a salary, fixed and to be paid as prescribed by law.

§ 336. Clerks, interpreter and attendants not to receive fees. The clerk, the deputy-clerk, an assistant to the clerk, the official interpreter, or an attendant, shall not receive any fee or compensation, except his salary, for any official service performed by him.

§ 337. Suspension of an officer of the court. [AMENDED BY CH. 416 OF 1877.] A justice of the court may, by an instrument under his hand, suspend a stenographer, or an officer specified in the last section, for a period not exceeding ten days from the filing thereof. Such an instrument must express the cause of the suspension; it must be filed in the office of the clerk of the city and county of New York; and it may be revoked, at any time before the expiration of the period of suspension, by an instrument filed in like manner, under the hand of the justice who executed the first instrument, or the hands of a majority of the justices of the court. Where such an instrument has been revoked, the officer shall not be again suspended for the same cause.

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§ 338. What mandates may be executed without the city. A mandate of the court can be executed only within the city of New York, except as follows:

1. An execution upon a judgment rendered therein, for a sum exceeding twenty-five dollars, may be issued out of the court, tested in the name of the chief-justice thereof, to the sheriff of any county, wherein the judgment has been duly docketed.

2. A subpoena may be served within either of the counties of Richmond, Kings, Queens, or Westchester.

3. A warrant to apprehend a witness for a failure to obey a subpœna may be executed by the sheriff of the city and county of New York, or a marshal of that city, within either of those counties.

4. An order duly made, in an action pending in the court, requiring the performance of an act by a party thereto, or by an officer, may be served upon a person bound to obey the order, and his obedience thereto may be required in any part of the State.

5. An order to show cause why a person should not be punished for a con tempt of the court, may be served by any person in any part of the State. 6. A warrant to apprehend, and bring before the court, a person charged with such a contempt, may be executed by the sheriff of the city and county of New York, or a marshal of that city, in any part of the State.

§ 339. Direction and execution of mandates. In an action brought in the court, an order of arrest, a warrant of attachment, an execution, or a requisition to replevy a chattel, must be directed to and executed by the sheriff. Any other mandate, which must have been directed to and executed by the sheriff of the city and county of New York, if it issued out of the supreme court, may, where it issues out of the city court, be directed to and executed either by that sheriff, or a marshal of that city, named therein. A marshal is entitled to the same fees as the sheriff, upon a mandate directed to him, or upon the service of a summons; and each provision of law, relating to the execution of a mandate by the sheriff, and the power and control of the court over the sheriff executing the same, applies to the marshal. The return of a marshal to such a mandate, or his certificate of the execution thereof, or of the service of any paper served by him, has the same force and effect as the like return and certificate of a sheriff. [AM'D BY CHAP. 946 OF 1895. In effect Jan. 1, 1896.]

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SECTION 340. Jurisdiction.

TITLE V.

The county courts.

341. Domestic corporations, etc., when deemed resident, etc,
342. Action, etc., wherein county judge is incapable to act.

343. Supreme court may remove action, and change place of trial.
344. Effect of order of removal; appeal, etc.

345. Stay of proceedings.

346. Removal of action not to impair process, etc.

347. County court may send its process to any county.

348. When jurisdiction, etc., co-extensive with supreme court.

349. Power of county judge in special proceedings.

350. Fines and penalties; how remitted.

351. Restrictions upon power to remit.

352. Notice of application, etc., costs to be paid on remission.

353. Fines imposed by justices of the peace; how remitted.

354. Who may make orders.

355. County court when open; terms thereof.

358. Notice of appointment to be publish d.

357. Jurors, how drawn and summoned.

358. Stenographers for county courts.

359. Stenographers for county courts and sessions in Kings county.

360. Interpreter for county court, etc., in Kings county.

361. Stenographer for county courts of Monroe and Livingston counties.