Constable or marshal, ceed on exe against whom such judgment shall be given, shall thereupon give XCIX. And be it further enacted, That the constable or marshal, how to pro- after taking such goods and chattels into his custody, by virtue of cutions. such execution, shall immediately give public notice by an advertisement signed by him, and put up at three public places in the ward in the said city, where such goods and chattels shall be taken, of the time and place when and where they will be exposed to sale, at least five days before the time appointed for the selling thereof, and therein describe the goods and chattels so taken; and at the time and place so appointed for selling them, shall expose them to sale at public vendue, and sell them to the highest bidder, and pay the debt, or damages and costs so levied, to the assistant justice, who issued the execution, returning the overplus, (if any,) to the owner; and for want of goods and chattels whereon to levy, the said constable or marshal shall, according to the tenor of the said execution, take the body of the person against whom the same execution shall be granted, and convey or deliver him or her to the keeper of the common jail, and debtor's prison of the said city and county; and in case the person against whom such execution shall issue, be a freeholder, such keeper is hereby commanded to keep such person in safe custody, in the jail or prison aforesaid, until the debt or damages, with costs, shall be fully paid; and in case such person be not a frecholder, and the same be certified, or a memorandum thereof made by such justice upon such execution, whose duty it shall be so to do, then until the expiration of thirty days When liable from the time of receiving such person; and in case such constable of execution. or marshal to whom any execution shall be delivered, shall not, for amount within five days after receiving such execution, levy the same on the goods and chattels of the person against whom such execution shall be granted, and in fifteen days thereafter pay the debt, or damages and costs, so levied into the hands of the assistant justice who issued the same, or in case of his death or removal from office, to the person in whose favor the execution was granted; or if no goods or chattels can be found whereon to levy, then if the said constable or marshal shall not, if such execution require it, take the body of the person against whom such execution was granted, if to be found, within fifteen days from the receipt of such execution as aforesaid, then and in every such case, the said constable or marshal shall be holden to pay the amount of such execution, to be recov ered by an action of debt, with costs, by the person in whose favor such execution was granted, in which case execution shall issue forthwith against such constable or marshal. debt ors how pro against. C. And be it further enacted, That every summons or warrant, to Joint be issued by any such assistant justice, may issue against any joint ceeded debtors, in the same manner as against individual debtors; and in case the same be duly served, in manner hereinbefore directed, upon either of such joint debtors, such joint debtors on whom the same shall be so served, shall answer to the plaintiff, and the judgment shall in such case be against the joint debtor or debtors, on whom the same was served, and against the other joint debtor or debtors named in such summons or warrant, in the same manner as if the said process had been duly served on all such debtors: Provided, however, That no execution shall issue against the body, or against any goods and chattels, the sole property of any debtor on whom such process was not duly served as aforesaid. CI. [Repealed by sec. 1, chap. 182, Laws 1822.] ing warrant have charge of de CII. And be it further enacted, That in all cases, when any per- Officer servson or persons shall be brought before any such assistant justice on to any warrant by virtue of this act, it shall be the duty of the con- fendant unstable or marshal who served the warrant, to take the charge of the ged by jusperson or persons until discharged by such assistant justice. til dischar tice. ac tions shall CIII. And be it further enacted, That every action to be com- Where menced before any of the assistant justices, (except where an assist- be brought. ant justice shall be one of the parties thereto,) shall be commenced and prosecuted before the assistant justice, either in the ward in which the plaintiff or plaintiffs shall have resided, at least one mouth immediately preceding the commencement of the said action, or of the ward in which the defendant or defendants, or one of thein, shall reside at the time of the commencement of the said action; and that if there shall be several plaintiffs, not all residing as aforesaid in the same ward, or if the said action be commenced by any agent or attorney, then and in every such case, the said action shall be prosecuted only in the ward in which the defendant or defendants, or one of them, resides; and every such assistant justice is hereby directed and required to dismiss every action brought before him, contrary to the provisions of this section, with costs of suit, to be paid by the plaintiff or plaintiffs in the same manner as if he or they were non-suited on the merits; and every judgment be obtained or procured contrary to the true intent and meaning of this section, shall be utterly void, but where one of the that may said assistant justices shall be one of the parties in any such action, it shall and may be lawful to commence and prosecute the same before any other of the said assistant justices. CIV. And be it further enacted, That no other or greater fees shall be allowed, taxed, taken or demanded by the said assistant justices, or by any constable or marshal serving or executing the process issued by the said assistant justices, than the following, that is to say: ASSISTANT JUSTICES' FEES. Assistant For entering every action, six cents. justices' fees. For every summons or warrant, fifteen cents. For entering the return of summons or warrant, six cents. For entering an appearance or default, six cents. For entering the substance of the plaintiff's charge or demand, upon the return of process against the defendant when served, twelve and an half cents. For entering the substance of the defendant's plea, six cents; and if such charge, demand or plea is exhibited in writing, it shall be the duty of the assistant justice to file the same in his office. For taking security, twelve and an half cents. For every venire to summon a jury, twenty cents. For making a panel of jurors to annex to venire, twelve and an half cents. For a subpoena for each witness, six cents. For swearing a jury, nineteen cents. For administering every other oath in court, six cents. For every judgment or conviction, and entering the same, twenty five cents. For every commitment, twelve cents. For every execution, twenty-five cents. For entering every adjournment, twelve and an half cents. And when the parties shall, on the return of process, meet before the assistant justice, (who issued the same,) and settle the same, the said assistant justice shall be entitled to receive twenty-five cents for his attendance. FEES TO THE CONSTABLES AND MARSHALS. [Repealed by § 3, chap. 313, Laws of 1833.] JURORS' FEES. Jurors' fees. For every juror sworn in a cause, twelve and an half cents. WITNESSES' FEES AND CHARGES FOR SUMMONING THEM. For each witness necessarily attending and sworn, twelve and an Witnesses. half cents. For serving a subpoena on each witness, twelve and a half cents. JAILERS' FEES. For receiving a person committed on an execution, mittimus, or commitment, twenty-five cents. MARINE COURT. of New York. CV. And be it further enacted, That it shall and may be lawful, Justice and for the person administering the government of this state, for the for the city time being, by and with the advice and consent of the council of appointment, from time to time, to appoint and commission, three proper and discreet persons, to be called and known by the name of justices of the justices' court, in and for the city and county of New York, which said justices shall hold their offices during the pleasure of the said council: and that the said commissions shall issue, once at least, in every three years; Provided, always, That the several persons now holding the said offices, shall continue to hold the same until others shall be appointed and commissioned in their stead.(1) held. amended. Laws, 1817. CVI. And be it further enacted, That the said three justices, or Where to be any two of them, shall have power and authority, and they are This section hereby authorized and required to hold a court at the city hall of See ch. 249. the city of New York, and in case of sickness, or epidemic disease, or any other casualty, at such other place in the said city, as the mayor, aldermen and commonalty of the said city, in common council convened, may direct; which said court shall be called and known by the name of the Justice's Court of the city of New York; and shall have jurisdiction to hear, try and determine all actions Jurisdiction. 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 thing demanded, shall exceed twentyfive dollars, and not exceed fifty dollars: And also, all actions and informations upon any statute of this state, and upon the charter, or any by-law of the corporation of the said city, where the penalty or forfeiture shall exceed twenty-five dollars, and not exceed fifty dollars, as aforesaid: And also, all actions to be brought by any seaman or mariner, or other person, belonging to any ship or vessel in any merchant service, against the owner or owners, master or (1) Altered to Marine Court, chap. 71, Laws of 1819. commander of any such ship or vessel, for or by reason of the nonperformance, or breach of any agreement or contract, made by such seaman or mariner, or other person, with the said owner or owners, master or commander, for services, or compensation for services, on board of any ship or vessel, during any voyage performed, or in part performed, by such ship or vessel, notwithstanding such wages, compensation, or damages, shall exceed fifty dollars; and the said court shall also have cognizance and power to hear, try and determine all actions, to be brought by any owner or owners, master, or commander of any ship or vessel, in any merchant service, against any seaman or mariner, or other person, belonging to such ship or vessel, for or by reason of the non-performance of any agreement or contract, made by such seaman or mariner, or other person, with such owner or owners, master or commander of any such ship or vessel, for services to be performed by him, as a seaman or mariner, or otherwise, on board such ship or vessel, for any voyage performed, wholly, or in part, or intended to be performed, notwithstanding the damages sustained, or sum of money demanded, by reason of the non-performance of such agreement or contract, shall exceed fifty dollars: And also, all actions for assault and battery, or false imprisonment, done or committed by any master or commander, of any ship or vessel, in any merchant service, upon any officer, seaman or mariner, or other person on board of, or belonging to, such ship or vessel, on the high seas, or in any foreign port or place, where such ship or vessel or vessel may then be, of which the ordinary courts of law of this state, now have cognizance; and all actions for assault and battery, or false impris onment, done or committed by any officer, of any such ship or vessel, upon any seaman or mariner, or other person on board of, or belonging to such ship or vessel, or by any seaman or mariner, or other person on board of, or belonging to such ship or vessel, upon the master, commander, or other officers thereof, or by one seaman or mariner, or other person on board of, or belonging to such ship or vessel, upon another seaman or mariner, or other persons, on board of, or belonging to such ship or vessel, upon the high seas, or in any foreign port or place where such ship or vessel may then be, of which the ordinary courts of law of this state now have cognizance, notwithstanding the damages sustained or demanded by reason thereof, shall exceed fifty dollars; and for the purpose of hearing, trying and determining all such actions as are hereby made cognizable before the same court, such court is hereby vested with all such power and authority, as is vested in other courts of record in this state, and is hereby made and constituted a court of record: Provided, always, That nothing herein contained shall be construed to give the said court power to proceed in any of the |
