Powers and jurisdiction of court. Process, form of. said city, at their annual charter elections next preceding the expiration of his term of office as such city judge. He shall take and subscribe the oath of office prescribed by law, and shall enter upon the discharge of his duties on the second Tuesday of April after his election. Said city judge shall hold his office for the term of three years. § 3. Said court shall have and possess the same powers and jurisdiction now possessed by courts of justices of the peace in the city of Schenectady and in addition thereto said court shall have and possess jurisdiction to try and determine actions. where the sum claimed does not exceed five hundred dollars and in a matter of account, where the sum total of the accounts of both parties proved to the satisfaction of the court does not exceed one thousand dollars. Jury trials shall be had in said city court, as in courts of justices of the peace. § 4. Process shall be made returnable before said court by its proper title, and shall be substantially in the following form, the blanks being properly filled up: In the city court of Schenectady, To...... 88.: Defendant: You are hereby summoned to appear in and before the city court of Schenectady, at on the o'clock in the noon, in a civil action. city judge of Schenectady, this day of City judge. How issued and served. Complaints. Proceed ings, prac tice, etc. Said process shall be issued by the city judge and may be served by any person not a party to the action and over eighteen years of age and shall be made returnable within the times prescribed for courts of justices of the peace, by the code of civil procedure. The provisions of the statutes of this state relating to verified complaints in justices' courts and the practice thereon shall apply to this court, except as herein otherwise provided. § 5. The proceedings, practice and pleadings, including appeals, shall be governed by the provisions of the code of civil procedure relating to justices' courts, except as herein otherwise provided. Sections twenty-eight hundred and ninety-three and twenty-nine hundred and fifty-nine of the code of civil procedure shall have no application to this court. At the time of jorning of issue the court may adjourn any case coming before it, on its own motion, not exceeding ten days. ances. § 6. Appearances in said court otherwise than in person shall Appear be governed by the law and practice of courts of record. court. § 7. Said court shall be opened daily, Sundays and legal holi- Sessions of days excepted, at ten o'clock in the morning, and remain in session during seasonable hours, or until the business of the day is disposed of, and shall be held by the said city judge, or county judge of Schenectady county as hereinafter provided. § 8. Said court shall have a seal, which shall be furnished and Seal. the form and design of which shall be prescribed by the common council of the city of Schenectady and shall contain the words: "City court of Schenectady, New York.-seal." proceed ngs. § 9. Said court shall have power upon two days notice or Opening of judgments order to show cause returnable not less than two days, upon and stay of on default such security being given and on such terms as it shall deem just g and upon the payment of the costs entered in the judgment, and a sum not to exceed five dollars additional, to open a judgment taken against either party on default; and shall have power to stay all proceedings pending the motion or order. This motion may be made within twenty days after entry of judgment, whether a transcript has been filed in the Schenectady county clerk's office or not, and the court shall have power to stay proceedings on any execution issued on said judgment, and to direct the judg ment to be canceled on the books of the county clerk. Said motions shall be made upon affidavits and the proceedings thereon shall be conducted in the manner that proceedings upon like motions in the supreme court are conducted, except as herein otherwise provided. Quarters and sup plies. § 10. The common council of the city of Schenectady shall designate the place of holding said court and provide suitable rooms, light, fuel and furniture and necessary blank books, blanks and stationery, for the use of said court, and shall provide for the Payment payment of the salary of said city judge and for such purpose penses. and also to defray the expenses of said court, the common council shall have the power in each year to raise by tax upon real and of salary and ex Taxes therefor. Costs and fees. Juries. Appointment of personal property the sum of one thousand dollars, exclusive of the expense of collection. The taxes herein provided for shall be levied and collected in the same manner that other city taxes are levied and collected in said city of Schenectady. The moneys raised pursuant to this section shall be disbursed by the treas urer of said city on the audit of the common council. § 11. In all actions and proceedings brought in this court the same costs and fees shall be paid, taxed and recovered, as in actions and proceedings before justices of the peace, and in addition thereto there shall be allowed to the prevailing party as an indemnity, in case he has appeared by attorney, the following sums as costs: 1. Judgment for defendant, to each defendant who has answered separately and appeared by a separate attorney, five dollars. 2. Judgment for plaintiff, otherwise than on default, a sum equal to five per centum of the recovery, but not less than five dollars. 3. Judgment for the plaintiff on default, for a sum exceeding fifty dollars, exclusive of costs, to the plaintiff, five dollars. 4. Judgment for the plaintiff on default, for a sum not exceeding fifty dollars, exclusive of costs, to the plaintiff, three dollars. 5. In an action to foreclose a mechanic's lien, whether there be an appearance by the defendant or not, a sum not exceeding twenty dollars, to be fixed by the court and added to the judg ment. Section thirty hundred and seventy-six of the code of civil procedure shall have no application to this court. § 12. Juries shall be formed, drawn and summoned for said court in the same manner that juries are now formed, drawn and summoned in courts of justices of the peace in said city of Schenectady. § 13. Immediately after the passage of this act the mayor of the city judge. city of Schenectady shall, by appointment, fill the office of city judge of Schenectady. Such appointee shall qualify as other city officers, and shall hold said office until the second Tuesday of April after his appointment, and until his successor shall be elected or appointed and shall have duly qualified as herein provided. First election. § 14. The first election for city judge shall take place at the next annual charter election in the city of Schenectady after the passage of this act. § 15. Vacancies in the office of city judge shall be filled by appointment by the mayor of Schenectady. Such appointee shall hold his office until the second Tuesday of April next after his appointment, and until his successor shall be elected or chosen and shall have duly qualified. Vacancies in office. § 16. The salary of said city judge shall be payable quarterly Salary. by the city treasurer, and shall be annually the sum of one thou sand dollars. to office. § 17. No person shall be eligible to the office of city judge Eligibility unless he be a resident elector of the city of Schenectady, and is a practicing attorney of the supreme court of the state of New York. § 18. Said city judge shall possess and exercise within the city Powers of of Schenectady all the powers now possessed by justices of the peace in said city. § 19. The county judge of Schenectady county may hold said court in the absence of the city judge or in case of his disability. And such county judge shall receive a sum not exceeding ten dollars for each day he holds said court, to be fixed by the common council and paid out of the city treasury, but any sum so paid shall be deducted from the salary of the said city judge. judge. County judge may hold court. ment for contempt. 20. Any judge holding said court while in session shall have Punishthe same powers to preserve order and punish for contempts committed in his presence as are possessed by judges of courts of record. § 21. The city judge shall, on demand of a party in whose favor Docketing of judg judgment shall have been rendered, give a transcript thereof, ments. under his hand and the seal of said court, which may be filed and judgment docketed thereon in the office of the clerk of Schenectady county with like effect as a transcript of the docket of the justice of the peace. bond. § 22. Said city judge shall give a bond to the people of the state official of New York, with at least two sufficient sureties, to be approved by the common council of said city, in an amount not less than two thousand dollars, which bond shall be filed in the office of the city clerk of Schenectady, conditioned for the faithful performance of his duties as city judge, and the accounting for and payment of all moneys which shall come into his hands. Any person injured by the default of said city judge, including the city of Schenectady, may maintain an action in his own name against said judge and the sureties on said bond, in any court having jurisdiction. Actions thereon Docket. § 23. It shall be the duty of said city judge to keep in the docket of said court a complete and accurate record of all process issued and returned to said court of all proceedings in any action or proceeding brought therein, of all moneys paid into said court or Receipt of received by said judge, to receive all moneys payable into said court, including fees and costs. All fees and costs of said court must be paid in advance. moneys. Monthly statement over of moneys. § 24. On or before the last day of each month the said city judge of fees, etc. shall make out and verify by his oath, and deliver to the city treasurer a detailed statement of all costs and fees received and Payment earned by said court, and pay over all moneys received by him to said city treasurer, and said treasurer shall not pay the salary of said judge until such statements are filed with and such moneys Cash book. paid over to him. And said city judge shall keep a cash book, in which shall be entered in detail, with dates, all moneys received and paid out, which books, during seasonable business hours, shall Annual re- be open to public inspection. Said city judge shall also, on or before the second Tuesday of April of each year, make a report in writing to the common council of the fees received by him during the year. port to council. Filing and certifying documents. Copies thereof, evidence. Powers and jurisdiction § 25. It shall be the duty of the city judge to affix the seal of said court to all proper documents, to file all papers delivered to him for that purpose, and to make and certify for any person prepaying the fees therefor, at the same rate allowed to county clerks, copies of any portion of the docket of said court, or of any of the records or proceedings thereof, or any document on file therein, and any such copies, certified by said judge under the seal of said court, shall be admitted as evidence in all courts of this state with the same force and effect as copies of the records and proceedings in any court of record, when properly certified. § 26. After this act takes effect justices of the peace in the of city jus city of Schenectady shall not have power or jurisdiction within tices re stricted. the city of Schenectady: 1. To issue any mandate or process of any kind or nature by which any action or proceeding before a justice of the peace in said city or in a justice's court in said city, or in said city court, may be commenced or furthered. 2. To hear and determine any controversy or matter of difference whatever. 3. To conduct any special proceeding or grant any provisional remedy. |