Damages for

pulling down

time of fire,

ment of the said mayor, recorder or aldermen, in aiding the extinguishment of such fire, or in the preservation of property in the vicinity thereof.

LXXXIII. And be it further enacted, That the sum assessed by buildings in such jury as aforesaid, for any building so pulled down or destroyed to be borne as aforesaid (the same assessment and inquiry having been confirmed by the court) shall, together with the expenses of the proceedings for such assessment, be borne and defrayed by the said mayor, aldermen and commonalty. [Note H, Appendix.]

by common council.

Common

council

au

pass ordin

extinguish

ment and

of fires.

ORDINANCES TO PREVENT FIRES.

LXXXIV. And be it further enacted, That the mayor, aldermen thorized and commonalty of the city of New York, in common council conances for the vened, shall from time to time, and as often as they deem it necesprevention sary, have power to pass and provide for the due execution of or dinances, as they may deem proper, for the more effectual prevention and extinguishment of fires in the said city, and to compel the attendance of all engineers and firemen, and such other persons as they may deem necessary to assist at the extinguishment of fires, and to prescribe the duties required of such engineers, firemen and other persons; and also to regulate the keeping, carting, conveying or transporting of gunpowder or any other combustible or other dangerous material, within the bounds of the said city, and to provide for the forfeiture thereof, if the same shall be kept contrary to such law; and also to regulate the use of lights and candles in livery and other stables within the same city; and also to remove or prevent the construction of any fireplace, hearth, chimney, stove, oven, boiler, kettle or apparatus used in any manufactory or busi ness, which may be dangerous in causing or promoting fires; and also to direct the construction of deposits for ashes in safe and suitable places, and of materials secure against fire; and for that purpose to authorize such suitable officer or officers as they may think proper, and at such reasonable times as they shall appoint, to enter into and examine all dwelling-houses, lots, yards, enclosures and buildings of every description within the said city, to examine and discover whether any danger exists therein, and in order that proper measures may be taken to provide for the safety of the inhabitants of the neighborhood.

Assistant

justices, how. many

JUSTICES' COURTS.

LXXXV. And be it further enacted, That the person administer

and ing the government of this state for the time being, by and with

appointed.

to

four by Act,

diction.

Jan.

of

Act

4th,

the advice and consent of the council of appointment, shall appoint whom to be and commission one proper person in and for each of the respect- Reduced ive wards of the city of New York, except the Ninth ward, and Jan. 4, 1820. two proper persons in and for the said Ninth ward, to be known. and distinguished by the name of assistant justices of the city of New York; each of which said assistant justices, respectively, is Caes which they hereby authorized and required to hold a court for the trial of all have jurisactions of debt, detinue, account, covenant, trespass on the case, and trespass, including trespass on any land or other real estate, wherein the sum or balance due, or damages or thing demanded, shall not exceed twenty-five dollars; and also all penalties, not $50. exceeding the said sum, imposed by the act, entitled "an act to lay 1820. a duty on strong liquors, and for regulating inns and taverns;" and also all penalties not exceeding the said sum, imposed by any bylaw or ordinance of the mayor, aldermen and commonalty of the said city, in common council assembled; and also all sums of money, not exceeding the amount of twenty-five dollars, to be sued for and recovered in any court of record, by virtue of any statute of this state, and generally all such actions as are cognizable or triable by and before justices of the peace in the respective counties of this state, and to hear, try and determine the same, according to law and equity: Provided always, That the said assistant justices Causes shall not have cognizance of any action wherein the people of this have no justate shall be concerned, or where the title of any lands shall in any wise come in question, except actions of trespass on land as aforesaid, nor of any action of assault, battery or imprisonment, or of slander, nor of matters of account where the sum total of the accounts of both parties exceeds, in the amount or value thereof, the sum of two hundred dollars, and that account proved to the satisfaction of the said court, nor of any action to be brought by or against any executor or administrator, for any debt or demand due to or from the estate of any testator or intestate: And provided also, That the several persons now holding the said offices of assistant justices in the said city, shall continue to hold the same until others shall be appointed and commissioned in their stead.

of

which they

risdiction.

justices vest

powers as

courts of re

LXXXVI. And be it further enacted, That every of the said as- Assistant sistant justices is hereby vested with all such power, for the pur- ed with such poses aforesaid, as is usual in courts of record in this state, and in are usual in the same manner as the justices of the peace in the several counties cord. of this state: And further, That each of the said assistant justices Assistant shall sign all process to be issued out of such court, so to be held Justices by him as aforesaid. LXXXVII. And be it further enacted, That every such assistant Process to be justice, upon application to him made, for the recovery of any such or warrant.

to

sign process.

by summons

Warrant.

debt, damages or demand, shall issue a summons or warrant, as the case may require, directed to any constable or marshal of the said Summons. city, commanding him, when a summons is issued, to summon the defendant to appear before such assistant justice, at a certain time and place in the said summons to be expressed, not less than six, nor more than twelve days, from the time of issuing such summons, to answer the plaintiff of a plea in the same summons to be mentioned and when a warrant is issued, then commanding the constable or marshal to take the defendant and bring him or her forthwith before such assistant justice, to answer the plaintiff of the plea in the same warrant mentioned; and, upon the return of such summons, if the same be duly served, or upon bringing the defendant before such assistant justice by virtue of any such warrant, or at such other time and place as the said assistant justices shall think reasonable to appoint, not exceeding six days thereafter, the said assistant justice shall proceed to hear and examine the allegations Judgment to and proofs of the parties, and within four days thereafter give 4 days after judgment therein, in such manner as shall appear to him to be agreeable to law and equity, together with costs of suit as hereafter allowed.

be given in

trial.

First process against free

holders, or

ing families,.

LXXXVIII. And be it further enacted, That the first process to persons hav- be issued by any of the said justices against all freeholders and how served.' inhabitants having families, except as hereafter is excepted, shall be by summons, which shall be served at least six days before the time of appearance mentioned therein, by reading the same summons, and delivering a copy thereof, when required, if such defendant shall be found; and if not, by leaving a copy thereof at his or her house or place of abode, in the presence of some one of the family of suitable age and discretion, who shall be informed of the contents thereof; and the constable or officer serving such summons, shall, upon the oath of his office, indorse thereupon the time and manner he executed the same, and sign his name thereto; and in case the defendant does not appear at the time and place appointed in such summons, and it shall appear by the return indorsed thereon, that the summons was duly served upon the perIf served son of the defendant in the manner aforesaid, and no sufficient reaand defend son shall appear to the assistant justice why the defendant does not appear, jus appear at the time appointed, then the said assistant justice who ceed to trial. issued the said summons, shall proceed to hear and try and determine the said cause in the same manner as if the defendant had apIf served by peared; but if such summons was served only by leaving a copy py, and de- thereof at the house or place of abode of the defendant as aforesaid, does not ap- and the defendant does not appear at the time and place appointed rant shall is- in such summons, and no sufficient reason shall appear to the assist

personally,

ant does not

tices to pro

leaving CO

fendant

pear, a war

sue.

plaintiff

to

have a new

Defendant

ing on sum

ant justice why the defendant does not appear, then the said assistant Unless justice shall issue a warrant against such defendant, in the manner elects aforesaid, and proceed as above directed, unless the plaintiff shall summons. elect to have a new summons against such defendant. And in all not appearcases where a sufficient reason shall appear to the assistant justice, mons, may, why the defendant does not appear at the time and place appointed cause being in the summons, the assistant justice shall give to the defendant such further time. further time as he shall think reasonable, and at such time so given, the assistant justice shall and may proceed as aforesaid.

on special

shown, have

sistant jus

their

wards,

case

re

of

the absence,

tice who is

war

rant, who

cause.

try

LXXXIX. And be it further enacted, That each of the said assist- Court of asant justices shall hold a court for the trial of all such actions in tice held in the ward for which he shall be appointed; which court shall be spective constantly open at seasonable hours, and every day, (Sundays excepted,) and in all cases where a warrant shall be issued by virtue of this act, and upon service thereof, the assistant justice who issued the same shall be absent, or unable to hear and try the in cause, it shall and may be lawful for the constable or marshal, or &c., of jus other proper officer serving such warrant, to carry the defendant sued before the assistant justice of either of the next adjoining wards to may that where the assistant justice by whom the said process may have been issued, shall reside; and such other assistant justice shall take cognizance of, and hear, try, and determine the cause in the same manner as he could or might have done if he had issued the warrant by virtue of which the defendant shall be taken, but in all other cases where any process shall be issued by any of the In all other said assistant justices in pursuance of this act, and served on the who defendant for any debt, damages or demand, of what nature soever, try the cause shall be tried before the assistant justice who first issued such process, and not before any other; And further, That where Trial may be any parties shall agree to enter an action before any assistant jus- cess by contice without any process, such assistant justice shall proceed to ties. trial in the same manner as if a summons or warrant had been issued.

XC. And be it further enacted, That if any plaintiff, or his or her Warrant in attorney, so applying for process, shall prove upon oath to the sat- cases to isisfaction of the assistant justice, that if such process be by summons against any freeholder or inhabitant having a family, the against freeplaintiff will be in danger of losing his debt or demand thereby, or inhabitants doth really and sincerely believe that such freeholder or inhabitant lies. will depart the city of New York, or if the action shall be for any sum or penalty on any statute, or on the said charter or by-law of the said corporation, that then, or in either of such cases, the assistant justice, (to whom such application shall be made,) shall issue

females.

Proviso as to a warrant against such defendant: Provided, That no warrant shall in any case whatever issue against any female: And further, That where the plaintiff in any action aforesaid, shall not reside in the said city, and shall give security to pay the debt and damages and costs of suit, in case judgment shall be given against him or her, then and in that case such plaintiff may have a warrant returnable immediately.

Adjournment of trial

Proviso.

ment allow

XCI. And be it further enacted, That where a warrant shall be issued for a non-resident plaintiff as aforesaid, the assistant justice before whom the cause is to be tried, shall not adjourn the same for a longer time than three days, unless the parties otherwise agree; and in all other cases where a warrant shall be issued, if the plaintiff or defendant shall require a longer time than is at first appointed by the court to try the said cause, and will, if required, give sufficient security to appear and stand trial on such other day as shall be appointed, then the assistant justice is hereby empow ered and required to adjourn the trial of such cause, to any day he shall judge most convenient, not exceeding twelve days, nor less than three days, unless the assistant justice and parties shall otherwise agree: Provided always, That if any adjournment be made without the consent of the plaintiff, in any case where a warrant shall be issued as aforesaid, the defendant shall give sufficient security to appear on the day to which such adjournment shall be made, and, in default of such appearance, to pay the debt and costs, if judgment shall be given against such defendant, and for want of such security, the assistant justice shall proceed to trial without an adjournment.

Adjourn- XCII. And be it further enacted, That in cases not provided for ed for want by the last section of this act as aforesaid, and the defendant shall witness. make oath that he or she cannot, for want of some material testi

of material

mony or witness, safely proceed to trial, the assistant justice shall, in such cases, postpone the trial for such reasonable time as will, enable the defendant to procure such testimony or witnesses: ProNot to ex-vided, That such time shall not exceed three calendar months: And months. provided also, That such defendant, before he shall be entitled to give securi- have the trial postponed as aforesaid, shall give security to the said

ceed three

Defendant to

ty.

Party

re

quiring ad

to

exhibit

assistant justice, to appear and answer the said action, and to pay the debt and damages and costs, in case judgment shall be given against him or her: And provided also, That in any action to be journment brought before any of the assistant justices by virtue of this act, by his or her warrant or otherwise, if either the plaintiff or defendant shall request an adjournment, he or she shall not be entitled thereto, unless the party requesting such adjournment, after having seen the account or demand of the adverse party, shall, if required, exhibit his or

account.