ARTICLE FOURTH. PROVISIONS EXCLUSIVELY APPLICABLE TO THE CITY COURT OF BROOKLYN. BEC. 307. Court consists of three judges; chief-judge. 308. Court always open; number of trial terms. 309. Appointment of deputy-clerk and assistants to clerk. 310. Clerk may charge fees. 311. Sheriff, etc., to attend terms. 312. Expenses to be a county charge. 313. Stenographers. 307. Court consists of three judges; chief-judge. -The city court of Brooklyn consists of three judges; one of whom must, from time to time, as a vacancy occurs, be appointed chief-judge of the court, as prescribed in the constitution. See L. 1849, ch. 125, 1; L. 1870, ch. 470, 1; Const., art. 6, § 12. § 308. Court always open; number of trial terms. The court is always open for the transaction of any business, for which notice is not required to be given to an adverse party. At least ten terms thereof, for the trial of issues of law or of fact, must be appointed to be held in each year. Id., 3, as am'd by L. 1863, ch. 66, 2, and by L. 1870, ch. 470, 3. Jurisdiction. See Simmons v. De Barre, 8 Abb. 269; s. c., 4 Bosw. 547; Griswold r. Atlantic Dock Co., 21 Barb. 225; Bonner v. McPhail, 31 id. 106; Crofut v. Brooklyn Ferry Co., 36 id. 201; Hoag v. Lamont, 16 Abb. N. S. 91, 369; Landers v. Staten Island R. R. Co., 53 N. Y. 450; People v. Green, 581d. 295; Brauneck v. Knickerbocker Life Ins. Co., 1 Abb. New Cas. 393. 309. Appointment of deputy-clerk and assistants to clerk. The judges of the court, or a majority of them, may appoint as many special deputy-clerks and assistants in the clerk's office, as they deem necessary. Each officer so appointed is entitled to a salary, fixed and to be paid as prescribed by law. Substitute for L. 1870, ch. 470, 22 19 and 20, as am'd by L. 1871, ch. 232, 5 and 7, relating to the "deputy-clerks." People v. Seabury, 23 How. 121. $310. Clerk may charge fees.-The clerk of the court is entitled, in addition to his salary, for any service performed by him, to the fee allowed by law to a county clerk, for a similar service. Part of L. 1863, ch. 66, § 3. § 311. [Amended, 1879.] Sheriffs, etc., to attend terms. The sheriff of the county of Kings, his under sheriff, or a deputy sheriff designated by him, must attend each. term or sitting of the court. If a deputy sheriff is designated to attend he shall be entitled to the same compensation as is allowed by law to inessengers and attendants upon said court and shall be paid in the same manner. The judge or judges holding the term may require more than one deputy sheriff to attend should it be deemed necessary. L. 1849, ch. 125, part of § 14, as am'd by L. 1850, ch. 102, 7; and by L. 1570, ch. 470, 2 11. $312. Expenses to be a county charge. The expenses of the court are a county charge, and must be allowed and paid in like manner as other county charges. Id., 25, as am'd by L. 1850, ch. 102, 10; and by L. 1863, ch. 66, ₹ 6. See, also, L. 1870, ch. 470, 20, and L. 1871, ch. 282, § 7. § 313. Stenographers.—The judges of the court, or a majority of them, from time to time must appoint, and may at pleasure remove, one or two stenographers, as they deem it necessary for the business of the court. Each stenographer so appointed is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each term of the court, where issues of fact in civil or criminal causes are triable. If two stenographers are appointed, the judges of the court must assign to each his share of the business. A stenographer may, with the assent of the judges of the court, or a majority of them, appoint an assistant-stenographer, to aid him in the discharge of his duties, whose compensation is pay. able by the stenographer, and is not a county charge. L. 1865, ch. 170, as am'd by L. 1866, ch. 311, and by L. 1867, ch. 796. TITLE IV. The marine court of the city of New-York. Smo. 315. Jurisdiction. 316. The last section limited. 317. Jurisdiction in marine causes. 318. No power to naturalize aliens. 319. Removal of action to supreme court from marine court. 321. How suspended from office. 322. Chief-Justice; how designated; his general duties, etc. SEC. 324. Court when open; Justices to designate terms; routine of bus Iness at the terms, etc. 323. Terms, where held; publication of appointments. 326. Justices may take oaths, acknowledgments, etc. 327. Orders, etc., how made. 328. Clerk, deputy-clerk and assistants. 329. General duties of deputy-clerk. 330. Special deputy-clerks. 331. Clerk to account monthly for fees, and pay over the same. 333. Interpreter. 334. Id.; penalty for misconduct. 335. Clerk must appoint attendants, etc. 336. Clerks, interpreter and attendants not to receive fees. 337. Suspension of an officer of the court. 338. What mandates may be executed without the city. § 315. [Amended, 1877.] Jurisdiction. — The jurisdiction of the marine court of the city of New-York 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. Consolidation of the substantial provisions of L. 1872, ch. 629, 3, subd. 1-12 and subd. 15; L. 1874, ch. 545, § 5; and L. 1875, ch. 479, 2 1. See Cal lahan . Mayor, 14 Alb. L. J. 296: Matter of Lippman, 48 How. 359; Matter of Ott, 13 Abb. N. S. 293; Holbrook e. Orgier, 49 How. 289; In re Barbour, 52 id. 94: McMahon r. Rauhr, 47 N. Y. 67; Fitzsimmons. Baxter, 3 Daly, 81; Bennet . Moody, 2 Hall, 471; Huff e. Knapp, 3 N. Sec. 314, making the marine court a court of record "to and for ev ery intent and purpose,' 99 was stricken out by the amendments of 1877, probably on the ground that it was unnecessary after § 2, ante. 1. 65; Lester . Redmond, 6 Hill, 590; Watson v. Smith, 13 Wend. 51; Porter. Bronson, 19 Abb. 236; s. c., 29 How. 292; Ford v. Babcock, I Denio, 158; Schadle. Chase, 16 How. 413; People v. Smith, 9 id. 464. §316. The last section limited. The jurisdiction conferred by the last section is subject to the following limitations and regulations: 1. In an action wherein the complaint demands judg ment for a sum of money only, the sum, for which judgment is rendered in favor of the plaintiff, cannot 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 instalments, successive actions may be brought for the instalments, as they become due. 2. In an action to recover one or more chattels, a judgment cannot be rendered in favor of the plaintiff, for a chattel or chattels, the aggregate value of which exceeds two thousand dollars. 3. [Amended, 1879.] The court has not jurisdiction of an action commenced 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 adminis trator in place of a defendant in an action, in a case where it is prescribed in this act that a continuance or substitution may be made. - The follow. 317. Jurisdiction in marine causes. ing actions are styled in this act, marine causes, and the court possesses the same jurisdiction of such an action, as the supreme court of the State: 1. An action in favor of a person, belonging to a ves sel 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 the 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 im prisonment, 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 court authority to proceed, as a court of admiralty or maritime jurisdiction. L. 1872, ch. 629, 3, subd. 13 and 14; and 2 R. S., 106; King v. Parks, 19 Johns. 375; McCabe v. Doe, 2 E. D. Smith, 64; Davenport v. Doady, 3 Abb. Pr. 409. 318. No power to naturalize aliens. -The court has not, nor has either of the justices thereof, power to naturalize an alien. L. 1852, ch. 389, part of 10. § 319. Removal of action to supreme court from marine court. — 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 court, for the purpose of changing the place of trial thereof. Where an order for removal is made, as prescribed in this section, the place of trial must be changed by the same order to another county, and the subsequent proceedings therein must be the same as if the action had been originally brought in the supreme court. The provisions of sections 344, 345 and 346 of this act, apply to an application to remove such an action, and to the proceedings upon and subsequent to the removal, as if the marine court was specified in those sections in place of the county court, and a justice thereof in place of the county judge. New. $320. [Amended, 1877.] Justices; their general duties. The court consists of six justices, one of whom is the chief-justice of the court. Each justice must perform his share of the labors and duties appertaining to the office. One of the justices must attend at the chambers of the court, from ten o'clock in the morning until four o'clock in the afternoon of each day, except Sunday, a public holiday, or a day upon which the inhabitants of the city of New-York generally refrain from business. Each justice, while in the rooms of the court, and not actually engaged in the performance of other official duties, must act upon any application for his official action, properly made to him. The justice, assigned to a trial term or a special term, must remain |