Name; jurisdic tion; city judge. Sessions. Court room; supplies. Judge; qualifications, salary. Acting be affected by the passage hereof, but the same shall proceed to a determination in the manner provided by said title fourteen of chapter seven hundred and sixty of the laws of eighteen hundred and ninety-seven. Said court shall be denominated the "city court of Watertown" and shall have the jurisdiction and powers hereby conferred. The city judge shall be the judge of the city court. § 163. The court shall.be open for the transaction of business each day in the year; except Sundays and legal holidays, and Saturday afternoons, at not later than nine o'clock in the forenoon and shall remain in session during seasonable hours or until the business of the day is disposed of; on Saturday afternoons, Sundays and legal holidays the court may be open for such purposes as are provided by law. $164. The council of the city shall designate the place of holding said court and provide suitable rooms, light, fuel, furniture and necessary blank books, blanks and stationery for the use of said court and shall provide for the payment of all necessary expenses thereof. § 165. No person shall be eligible to the office of city judge unless he be a regularly admitted attorney of the supreme court of the state of New York of at least five years' standing. The salary of the city judge shall be fixed by ordinance enacted by the council. § 166. The council may appoint a person, who has the qualificacity judge. tions prescribed for a city judge, to perform the duties of a city judge in case of and during the temporary disability or absence of the city judge and he shall receive as compensation for such services a salary to be fixed by the council by ordinance. He shall serve during the pleasure of the council. Clerk of court; deputy; powers. § 167. The city clerk shall be clerk of the city court; he shall upon being authorized so to do by the council have power with the duties and consent and approval of the city judge to deputize a deputy city clerk who may act as the clerk of the court and shall take the oath of office prescribed by law; such clerk shall be an officer of the city court; it shall be his duty to attend upon such court during the time it is required to be kept open for business, to keep the dockets and books of account thereof, to make up the returns to the county court therefrom and under the direction of the city judge to perform such other duties as are herein prescribed. He shall have power to take affidavits for use in said court and to issue summons, precepts in summary proceedings, subpoenas and executions on judgments duly docketed and final orders in summary proceedings duly entered, and in the absence of the city judge and acting city judge join issues and adjourn cases. Turisdiction. In actions on con tract. Damages for in jury. § 168. Except as limited by the next section the city court shall have jurisdiction of the following civil actions and proceedings, to wit: 1. An action to recover damages upon or for breach of contract, express or implied, other than a promise to marry, where the sum claimed does not exceed five hundred dollars. 2. An action to recover damages for a personal injury, or an injury to property, where the sum claimed does not exceed five hundred dollars. penalty. 3. An action or proceeding to recover a fine or penalty not ex- Fines or ceeding five hundred dollars, or to recover one or more fines or penalties for violation of an ordinance of the city of Watertown, or of the provisions of the other titles of this act where the amount claimed does not exceed five hundred dollars. 4. An action upon a bond conditioned for the payment of money, Upon where the sum claimed to be due does not exceed five hundred bonds. dollars; the judgment to be rendered for the sum actually due. Where the sum secured by the bond is to be paid in installments, an action may be brought for each installment as it becomes due. 5. An action upon a surety bond taken in said court or by any Surety justice of the peace of Jefferson county. bonds. 6. An action upon a judgment rendered in said court or any Judgment. court of the state of local jurisdiction not being a court of record. 7. An action to recover one or more chattels, with or without Recovery damages, for the taking, withholding or detention thereof, where of chattels, the value of the chattel or of all the chattels as stated in the affidavit made on the part of the plaintiff, does not exceed the sum of five hundred dollars. on con 8. To render and enter judgment upon the confession of a de- Judgment fendant or defendants, where the amount confessed does not ex- fession. ceed the sum of one thousand dollars. for fraud. 9. An action for damages for fraud in the sale, purchase or Damages exchange of personal property, if the damages claimed do not exceed five hundred dollars. commenced by at 10. In an action commenced by attachment, if the debt or dam- Action ages claimed do not exceed five hundred dollars. 11. In summary proceedings to recover possession of land and tachment. to remove tenants and others therefrom. Summary proceed Mechanics liens. 12. In actions or proceedings under any statute for the enforce- ings. ment of the liens of mechanics and others, where the amount of and other the lien does not exceed the sum of five hundred dollars; the same proceedings to be had as are provided by law to be had in justice court. actions. 13. In any other action or proceeding of which justices' courts Other or justices of the peace of towns now or may hereafter have jurisdiction. § 169. The city court shall not take cognizance of a civil action Court not in any of the following cases: to take cognizance 1. Where the title to real property comes in question; but when of certain such question arises the pleadings and practice shall be the same as are now provided by law for a court of justices of the peace in towns in regard thereto. 2. Where the action is to recover damages for false imprisonment, libel, slander, criminal conversation, seduction or malicious prosecution. 3. Where, in a matter of account, the total sum of all the accounts of both parties proved to the satisfaction of the court, exceeds one thousand dollars. 4. Where the action is brought against an executor or administrator as such, except the amount of the claim is less than fifty Summary proceedings; tion of dollars and the claim has been duly presented to the executor or administrator and rejected by him. § 170. Summary proceedings may be commenced by a petition addressed either to said judge or to said court, and in said proprocedure. ceedings and in all actions the jurisdiction of said judge shall be exercised by and in the name of the said court only and all processes from said court shall be made returnable thereto by Solemniza- its proper title. In the solemnization of marriages and in all other matters not otherwise by this act provided for, said city judge shall have the same powers as justices of the peace in towns have. § 171. Said court shall have the same jurisdiction over the persons of defendants as is now or may hereafter be conferred son of de- upon justices' courts of towns, and for the purpose of conferring jurisdiction of the person, the said city of Watertown shall be deemed a town, and the said city court a justices' court thereof. marriages. Jurisdiction over per fendant. Summons. § 172. A summons shall be made returnable before said court by its proper title, and shall be substantially in the following form, the blanks being properly filled in. In the City Court of Watertown: State of New York, County of Jefferson, ss: City of Watertown, The People of the State of New York to any constable of said city or county, greeting: ... defendant You are hereby commanded to summon to appear in and before the city court of Watertown at its court rooms in said city of Watertown, on the .... day of........... at ten o'clock in the forenoon, to answer the complaint of ..., plaintiff in a civil action. Practice and procedure. Said process may be issued by the city judge or the clerk of the court. § 173. The process and all mandates of the city court, the service and enforcement thereof, the proceedings thereunder and the practice and procedure in said court, and before the city judge, shall be the same as in courts of justices of the peace in towns and as before justices of the peace in towns and in courts of special sessions, except as otherwise provided in this act; and all provisions of law applicable to justices of the peace in towns and the courts held by them, and the proceedings had before them, and to their official acts, duties and powers, shall apply to the city court and the judge thereof, and appeals may be taken from judgments of the city court, and all proceedings before the city judge may be reviewed and transcripts of judgment filed in the office of the clerk of the county of Jefferson, and an enforcement of such judgment shall be had in the same manner and with like force and effect as in courts of justices of the peace in towns; but a judgment of the city court shall be a lien and remain in force for the same length of time as a judgment originally recovered in the county court upon filing a transcript thereof in the clerk's office of Jefferson county. In any case in which by law a justice of the peace is required to render judgment and enter the same in his docket within four days, the city court of the city of Watertown or the judge thereof is required to render judgment, and it must be entered in the docket of said court within ten days after the case shall have been submitted for final decision, anything to the contrary herein notwithstanding. claim. § 174. The prohibition contained in section one hundred and Counterforty of the justice court act, relating to failure of the defendant in an action in justices' court to interpose a counterclaim does not extend to an action in said city court in a case where the amount of the counterclaim is five hundred dollars more than the plaintiff recovers. upon same. § 175. In the case provided for in section two hundred and Judgment sixty-four of the justice court act for justices' courts, if the amount of the counterclaim or counterclaims established exceeds the plaintiff's demand the defendant must have judgment for the excess, or so much thereof as is due from the plaintiff unless it is more than the sum of five hundred dollars, and if more than five hundred dollars the said court must pursue the same course in reference to the same as in the said section provided for a case in which it is more than two hundred dollars. claim resentative § 176. Sections one hundred and forty-two and one hundred and Counterforty-three of the justice court act shall apply to a counterclaim against perin an action against a person sued in a representative capacity or son in rep in favor of an executor or administrator, except that the defend- capacity. ant cannot take judgment against the plaintiff upon a counterclaim for a sum exceeding five hundred dollars and costs; and sections one hundred and forty-two and one hundred and forty-three of the justice court act shall not apply to actions in said court. continu § 177. Where, upon the trial of an action, the sum total of the Judgment accounts of both parties, proves to the satisfaction of the city of disjudge to exceed one thousand dollars, judgment of discontinuance ance. must be rendered against the plaintiff with costs, and section two hundred and sixty-seven of the justice court act shall not be applicable to the said city court. to appear. § 178. An attorney's authority to appear in any action or pro- Attorney's ceeding in said court may be conferred orally or in writing, but authority the city judge shall not suffer a person who is not an attorney admitted to practice in the supreme court of this state to appear as an attorney unless his authority is admitted by the adverse party or proved by the affidavit or oral testimony of himself or another; the city judge may, in his discretion, at any time before final judgment require from any such attorney admitted to practice in the supreme court, proof of his authority to so appear. Adjournments. Verifica tion of § 179. The court must, upon the application of the plaintiff, grant a second or subsequent adjournment of the trial of an action upon proof by his own oath or otherwise to the satisfaction of the court that he cannot safely proceed for want of material testimony or witness, and that he has used due diligence to obtain the testimony of such witness; but the court may as a condition of granting such adjournment require that the plaintiff pay to the defendant the legal fees of the defendant's witnesses duly subpoenaed for that day. § 180. The complaint may be verified in the manner provided complaint. in the civil practice act for the verification of pleadings in courts of record, and, in an action commenced by summons, may at the option of the plaintiff or his attorney be served therewith. When the complaint is so verified, the subsequent proceedings except on demurrer shall be likewise verified in all cases in which such pleadings would be required to be verified in a court of record, in default whereof they shall be disregarded. The city judge may, by general rule or otherwise, require any pleading made orally to be reduced to writing, and every pleading in writing shall be subscribed by the party making the same or his attorney, and shall be filed forthwith or within such time as the city judge may designate. Written pleadings. Rules of practice. Appeals. Opening defaults. Order to show cause. § 181. The city judge may from time to time establish such rules of practice for said city court as he may deem necessary, not inconsistent with the provisions of this act or with the justice court act, which rules shall govern the practice in said court. § 182. Appeals may be taken to the county court from judgments rendered in said city court the same as from judgments rendered by justices of the peace. Appeals may also be taken to the county court from an order of the city judge on an application to open a default made, as in the next section of this act provided, and the time within which such appeals may be taken and the practice thereon shall be the same as apply to appeals from a judgment of a justice of the peace, the affidavits read on such application constituting for the purpose of such appeal a part of the return of the city judge. § 183. In actions in said court the city judge shall have power to open defaults and set aside judgments rendered and entered therein and executions issued thereon, upon such terms as may be just, in a case where the defendant shall fail to appear on the return day of the process, or on any adjourned day, and satisfactorily excuses his default; but no greater terms shall be imposed than the payment of the costs included in the judgment. The application therefor shall be founded upon affidavits and shall be made within twenty days from the entry of such judgment. Upon representation of such application the city judge shall issue an order returnable in not less than five nor more than eight days, requiring the party in whose favor judgment was rendered to show cause, if any, why such judgment should not be set aside. A copy of said order and of all the papers upon which the same is granted shall be served upon the party in whose favor the judgment was |