1.
From and after the date this act shall take effect, the recorder's
court, now established in and for the city of Newburgh, shall be and
hereby is abolished. The recorder in office at the time this act takes
effect shall act as city judge for the remainder of the term for which
he was elected recorder, and shall have, exercise and perform all
the authority, powers, duties and jurisdiction conferred upon a city
judge by this act. From and after the expiration of such term of office
of such recorder, such office of recorder shall be and is abolished.
2.
From and after the expiration of their respective terms of offices,
the offices of justice of the peace in and for the city of Newburgh
and their courts, and the offices of constable shall be and are abolished,
but during their respective terms of office, such justices of the
peace, constables and the clerks, marshals, and all other officers
and employees of such courts, shall continue to have and exercise
all the authority, powers, duties and jurisdiction relating to such
justices' courts, now vested in them. (L. 1948, c. 569)
The recorder of the city of Newburgh and, upon expiration of
their terms of office, the justices of peace of the city of Newburgh,
New York, shall transfer to the city court created by this act, all
official books, dockets, papers, records and files in his possession
at the time this act takes effect, and the city court herein created
is hereby authorized and empowered to take possession of the same
and to issue executions, transcripts and certificates upon any judgment
therein contained. (L. 1948, c. 569)
1.
No civil action or proceeding or matter pending before a justice
of the peace referred to in section sixty of this act, at the time
this act takes effect, shall abate or be in any way affected by the
passage of this act. Any such action or proceeding shall thereafter
be continued before the justice's court in which originally commenced.
Any civil action, proceeding or matter, pending in a justice's
court at the time of expiration of the respective terms of office
of such justices, may be continued to conclusion before the city court
established by this act.
2.
No criminal action, proceeding or matter pending before the recorder's
court at the time this act takes effect shall abate or be in any way
affected by the passage of this act. An action, proceeding or matter
so pending shall be continued and prosecuted to its conclusion before
the city court established by this act. (L. 1948, c. 569)
The city court and the city judge must take judicial notice
of all ordinances and local laws, rules and regulations adopted by
the local legislative body so long as the same shall remain in force
and effect. (L. 1948, c. 569)
If any section or provision contained in this act shall be determined
by any court of competent jurisdiction to be unconstitutional or invalid,
the same shall not affect the validity of this act, as a whole or
any part thereof other than the part or portion so declared to be
unconstitutional or invalid. (L. 1948, c. 569)
[1]
Editor's Note: This section repealed original §§ 70
through 76 of the Charter, which is included at the beginning of this
Code.
[1]
Editor's Note: This section amended §§ 8, 12,
36, 41 and 175 of the Charter, which is included at the beginning
of this Code.
Nothing contained in this act shall be construed to abridge
the term of office of a justice of the peace of the city of Newburgh,
but each such justice shall continue in office, unless a vacancy occurs
until the expiration of the term for which he was elected. (L. 1948,
c. 569)
This act shall take effect July first, nineteen hundred forty-eight.
(L. 1948, c. 569)
