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.
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)
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.
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)
Editor's Note: This section repealed original §§ 70 through 76 of the Charter, which is included at the beginning of this Code.
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)