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NEW YORK CONSOLIDATION ACT.

NEW YORK CONSOLIDATION ACT.

AN ACT to amend chapter four hundred and ten of the laws of eighteen hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," so that the sections thereof relating to the city courts shall conform to the amendments to the corresponding sections of the code of civil procedure made since the enactment of such law.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The following sections of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," are amended to read respectively as follows:

§ 1205. The [marine] city court of the city of New York is a court of record. Each of the provisions of the code of civil procedure which is made now by chapter twenty-second thereof applicable to the city court of the city of New York or generally to courts of record, is subject to the qualifications and exceptions expressed or plainly implied in this title.

[Code of civil procedure, § 3159.]

§ 1208. The jurisdiction of the [marine] city court 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, 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 dollars, exclusive of interest from the time of making the statement upon which the judgment is entered.

§ 1209. The jurisdiction conferred by the last section is subject to the following limitations and regulations:

1. In actions wherein the complaint demands judgment for a sum of money only, the sum for which judgment is rendered in favor of the plaintiff can not 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 a 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 can not 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 no jurisdiction of an action against an executor or administrator, in his representative capacity. But this subdivision does not prevent the court from continuing an action against an executor or administrator, or from substituting an executor or administrator in place of a defendant in an action, in a case where it is prescribed that continuance or substitution

may be made.]

[Code civil procedure, § 316, sub. 3 of which was repealed by ch. 401 of the laws of 1889.]

§ 1210. [The following actions are styled in this title marine causes, and the court. The city court of the city of New York possesses the same jurisdiction [of such an action] 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 a 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] city court authority to proceed as a court of admiralty or maritime jurisdiction.

[Code civil procedure, § 317, as amended by L. 1895, ch. 946.]

§ 1214. 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] city court, for the purpose of

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