The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-27
ARTICLE III.
.Hidi,saI .1msnd m eaf


The assistant Justices courts Of the city of New
York, constituted by law, shall continue to exist,
office time of the passage Of this act shall
continue in Office until the expiration Of their present
of office and until their shall be elected
and qualified The said assistant justices and their c eks
shall be elected by the people Of the city in
scribe and they shall hold their respective Offices
four yesrs; but vacancy shall occur IN either OIL
the said Offices before the expiration Oh the tern tnsreci
OF the Board of Aldermen, and the
pointed shall hold the Office until his successor elected
at the next succeeding election, shall be qualified
The Jurisdiction OF the marine and assistant
Justices courts of the city Of New York In civil causes.
shall in addition the jurisdiction exercised by
them extend to actions brought for the recovery Of the
sum of one hundred dollars and under; such marine
and assistant justices shall also have jurisdiction OF
all actions of trespass other than upon real
perry whore the title Of such property involved; and.
also jurisdiction Of all actions false imprisonment IL
bel Islander and assault and battery provided however,
that such court and assistant justices shall not
of damages TO greater extent hundred dollars;
and provided the assistant justices shall have no ursdic
ton for msrpeI wags. or iG b .san court.
the clerk Of the marine court shall demand and 10
ceive from the party for whom the services are rem
dered- -,
First-ln all cases where the damages claimed shall
amount twenty dollars, or under, the following
For every summons twenty five cents to be paid upon
the issuing thereof .,.
For every trial fee seventy'hve cenu 10 DO Ped Do
fore the trial shall proceed
secondeIn ali cases where the damages claimed shall
amount five, and not fifty dollars the fol-
| lowing fees, to witt
For every summons, hirty-seven cents' 10 DO psio
For every tal fee dollar, to be paid before the
For execution, thirty seven cents, to be paid
upon the issuing thereof
TAird-In ali cases where the damages claimed shall
fifty dollars, the following fees, to wit
For every summons, fifty cents to be paid upon the
For every trial fee, dollar and hty cents to be
paid before the trial shall proceed
For every execution fifty cents, to be paid upon The
And in addition to the above the said clerks shall also
demand and receive, in s cases. the following ices, to
When jury shall be demanded, the party requiring
the shall pay fee Of one dollar before the order
For each adjournment twenty five cents, to be paid
previous to the entry thereof.
For each transcript OF Judgment, wenty'hv cents 70
be paid upon the giving thereof
For each subpoena, twelve cents to be paid upon the
For each bond nled twenty five cents to be paid upon
For each written affidavit, twenty five cents, to b
paid upon executing the same and IN ell actions for
false imprisonment libel SANDER and assault and bat
terry the said clerks shall demand end receve In add
ton to the above dollar for trial es to be paid upon
joining issue and shall in each month, or at such
shorter periods the common council shall direct Psy
over all such the chamberlain Of the city, and at
the time furnish statement in writing under oath
together with receipt from the to the comp
troer OF the said city the said shall contain
the title Of each suit and Of fees
received thereon All costs which are now allowable
by law in suit in the Marine Court and in the Asss
tant Justices of the city Of New York. in all civil
cases. except the fees mentioned in this section ana ex
cepng the fees allowed constsbles witnesses md
Jurors, hereby abolished from and after the first day
"a The Common Council may provide for the appoint
ment of one or more additional clerks in any OF the
Assistant Jusces Courts Marine Police Courts,
and for the election additional Assistant Justices
Vs. No Justice Of the Marine Court, Assistsnt Jus
tice Clerks Of said courts shall be permitted to en-
gage the practice Of the law, be Interested in any
Tor the transsctisn OF law business AMI tho
violation Of this provision shall incur forfeiture Of such
| Office.
the marine court by any one OF the assistant u,t
OF tho city OF New York. shall be filed in tbs
Office OF the clerk Of the said county the same shall
become lien upon all the real property and chsttsls
real of the party against whom the same rendered.
to the extent though such judgment had been
rendered in the court OF common pleas Of said county
The collection Of such judgment may be enforced in the
same manner II rendered in court Of common pleas
w. The council shall or before the nr-t day
July is47 establish by the salaries Of vii Judges.
Justices clerks Of cous and other ocers whose salaries
sns om and 40 ps ssr Ss sa & s.y
such Judge, justice clerk other oncer shs nc euoo
to take for his use. directly or hi;
any fsns for any service OF any wcn
he may perform Is such judge justice, clerk OF otner
officer by virtue Of his holding the once 2, Jaass,
Justice clerk or any other once but TINS secuon sns
not apply to the fees ocourts for searchng for
Judgments before and including the year lsso
and the iustces oil the court, and their clerks
now in Office, shall continue IN once until 'as eNpirS
ton of Their present Of Office nd until their sue
o in Once shall be elected and qualified; and
from and sfer the first day OF January, one thousand
eght hundred and foryegnt, there shall lie such num-
G Of roce justices justices of the marine court ~
con- mon council shall by law prescribe who shall pos
se all the powers of the special Justices for preserving
the peace in for the city and county OF New forki
and such number of clerks of police a. the common
council shall by law prescribe, who shall In Ike man
ncr all the powers and duties Of the police clerks
in the said city
o. The said police justices, and the justices of the
marine court and their clerks shall be elected by tho
people in such manner az the common council shall by
law prescribe and shall hold their Offices for four years
but ii any vacancy shall in either Of the said ON
before the expiration Of the term thereof the same
shall be filed by the mayor by and with ne consent 9,
the board Of aldermen and the person SO spPoinso mil
hold the Office until his SUCCESSOR elected NJ the next
succeeding election, shall be qualified -, 81,
TO- On and after the January, ls4s there shall
be held in each Of the police Offices Of inc cy ~
~ day ct o'clock in the forenoon cou. Oh specsl
sessions which shaIi Invested with al the powers
and IN within such district which ere COW con
far, "a md shall be subject all the dues ncw mpose4
- 49, -~s ~ ~~issise scur Of spooiA seasjene, y ~