said building, the manner of its construction, the materials of which the same shall be built, the portion or parts to be occupied by the said county and city respectively and in common. The superintendence of its construction and repair, and its general supervision and control when finished, and also the share or proportion of the expense of erecting and repairing said building, to be borne by the said county and city respectively; said agreement when made to be signed by the chairman of the said board of supervisors and the mayor of the said city, and one copy filed in the office of the clerk of the county of Erie, and one copy filed in the office of the comptroller of the city of Buffalo, which agreement when so made, executed and filed, shall be valid and binding on the said county and city respectively. case of disa § 7. In case no such agreement shall be made by and between Provision in the said board of supervisors and the said common council in greement. respect to the erection and joint occupation of the said building or buildings, then in that case the said board of supervisors is authorised to erect a new building upon the site of the present court house, or make such alterations and additions to the present building as may be necessary to furnish accommodations for all county purposes. The money to be provided by the said board of supervisors in the manner specified in the third section of this act. jail may be § 8. The said board of supervisors is authorised in case it shall The present become necessary to remove the present jail of Erie county, to removed. make room for the erection of the said new court house building, to remove the same and build a new jail upon the grounds now owned by the said county, or upon the land authorised to be purchased by this act. And the said board is authorised to procure some suitable building in the city of Buffalo to be used and occupied as a jail, or to use and occupy the work house of the said county of Erie for that purpose, the said building so provided and the said work house when so occupied to be the jail of Erie county; and the said board of supervisors is authorised to procure temporary accommodations within the city of Buffalo for the courts and county officers during the time required for the erection and completion of said court house building, the expense of which shall be levied and collected annually as other county expenses are levied and collected. § 9. The chairman of the board of supervisors of the county of Special meetErie is authorised to call a special meeting of said board for the called. ing may be purpose of considering and acting upon the matters authorised by this act; and any five supervisors of the said county, two of whom shall reside out of the city of Buffalo, shall have power to call any other special meeting of said board in reference to the same subject. § 10. This act shall take effect immediately. Fees allowed for trans Chap. 123. AN ACT fixing the fees of sheriff's for transporting convicts to the state prisons. Passed March 22, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. From and after the passage of this act, the compensation porting con- of sheriffs for transporing convicts to the several state prisons and vicks. houses of refuge, of this state, shall be as follows: for conveying a single convict to the state prison or houses of refuge, for each mile from the county prison from which such convict shall be conveyed, thiry-five cents; for conveying two convicts for each mile aforesaid, forty-five cents; for conveying three convicts, fifty cents; for conveying four convicts, fifty-five cents; for conveying five convicts, sixty cents, and for all additional convicts, such reasonable allowance as the comptroller may think just, which said allowance, with one dollar per day for the maintenance of each convict whilst on the way to the state prison; but not exceeding one dollar for every thirty miles travel, shall be in full of all charges and expenses in the premises. Repeal. § 2. Such parts of the law of December fifteen, eighteen hundred and forty-seven, as prescribes compensation to sheriffs for transporting convicts to the several state prisons and houses of refuge in this state is hereby repealed. §3. This act shall take effect immediately. 'Chap. 124. AN ACT for increasing the number of justices in the superior court of the city of New-York, and for extending the jurisdiction of that court. Passed March 24, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Bix justices. § 1. The superior court of the city of New-York, shall from the first day of May, one thousand eight hundred and forty-nine, consist of six justices. elected. Three to be § 2. Three justices of such superior court, in addition to the justices now holding office, shall be elected by the electors of the city and county of New-York, at the annual charter election to be held in that city on the second Tuesday of April, 1849. How voted for. § 3. Such justices shall be voted for together on one ballot, which shall be distinct from any other ballot at the same election, and deposited in a separate box marked "superior court." The votes shall be canvassed and certified in the same manner as votes for the register and clerks of the city of New-York, and a certificate thereof shall be filed with the secretary of state. § 4. The justices so elected, shall, immediately after the votes To be classi. are canvassed, be classified by lot, to be publicly drawn by the fied. register and clerk of the city and county of New-York, in the presence of the mayor or recorder of the city of New-York, and the certificate of such drawing and classification, shall be signed by such register and clerk, and by the attending mayor or recorder, and filed in the offices of the register and clerk. The classes shall be numbered first, second, and third, according to the term of service of each; the first class being that which has the shortest time to serve. The term of office of each of such justices shall commence on the first day of May, 1849, and the term of the justice of the first class shall expire on the thirty-first day of December, one thousand eight hundred and fifty-one; of the justice of the second class, on the thirty-first day of December, one thousand eight hundred and fifty-three; and of the justice of the third class, on the thirty-first day of December, one thousand eight hundred and fifty-five. years. § 5. After the expiration of the terms of office under such Term of ofclassification, the term of office of all the justices of the superior fice to be six court of the city of New-York, shall be six years; and any vacancy occuring in the offices created by this chapter, shall be filled in the manner prescribed for filling vacancies in the office of the present justices. tices. § 6. The justices elected pursuant to this act, subject to the Powers of provisions contained in the tenth section thereof, shall have the the new jussame powers, and perform the same duties, in all respects, as the present justices of such superior court, and shall receive the same salaries, payable in like manner. § 7. A general term of the superior court may be held by any Terms how two of the six justices thereof, and a special term by any one of held. them; and general and special terms, one or more of them, may be held at the same time. § 8. All civil suits in law and equity, commenced after the first civil suits. day of July, one thousand eight hundred and forty-seven, that from and after the first day of May, one thousand eight hundred and forty-nine, shall be placed upon the calender of the supreme court at any general or special term thereof, to be held in the city of New-York, may, by an order of that court, be transferred to the said superior court of the city of New-York. Jurisdiction § 9. The said superior court shall have jurisdiction of every of court. suit so transferred to it, and may exercise the same powers in respect to every such suit, and any proceedings therein, as the supreme court might have exercised, if the suit had remained in that court. of the new § 10. It shall be the special duty of the three justices to be Special duty elected under the provisions of this act, and of their successors, justices. to devote their time and labors, for the term of two years, from Appeals. Chapter of ply. the first of May, one thousand eight hundred and forty-nine, to the hearing and determination of the suits transferred from the supreme court, and for that purpose they, or any two of them, shall hold a general term of the said superior court, of at least two weeks in duration, in each month of the year. § 11. Appeals from the judgments of the superior court in such suits, may be taken to the court of appeals, in the same manner as from the judgments of the superior court in actions originally commenced therein. 12. The chapter of the act to simplify and abridge the praccode to ap- tice, pleadings and proceedings of the courts of this state which relates to confessions of judgments without action, shall apply to the superior court of the city of New-York. The clerk of that court shall perform the duties thereby charged on the county clerk, and enter the judgment as a judgment of said superior Fees. Sec. 31 of code. City Judge to be elected court. court. § 13. The clerk of said court shall receive for every trial from the party which shall bring it on, one dollar: on entering judgments, one dollar. He shall receive no other fee for any service whatever, in a civil action, except for copies of papers at the rate of five cents for every one hundred words. § 14. The provisions of section thirty-one of the code of procedure, shall apply to said superior court. § 15. This act shall take effect immediately. Chap. 125. AN ACT To establish courts of civil and criminal jurisdiction in the city of Brooklyn. Passed March 24, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. There shall be elected in the city of Brooklyn at the next charter election to be held in said city, ard every six years thereafter, a city judge, who shall hold his office for six years from the first day of May next, after his election, and shall be subject to removal in the same manner as the county judge. To hold city § 2. The said judge alone, or in case of his absence, inability to attend, or vacancy in said office, the mayor and any two aldermen of said city shall hold a court of civil jurisdiction to be called "The city court of Brooklyn," which shall be a court of record, and its jurisdiction shall extend to the following actions. Jurisdiction. 1. To the actions enumerated in section one hundred and three of the code of procedure, when the cause of aciton shall have arisen, or the subject of the action shall be situated within the said city. 2. To all other actions where all the defendants shall reside, or be personally served with the summons within said city. 3. To actions against corporations created under the laws of this state, and transacting their general business within said city, or established by law therein. § 3. The said court shall be held once in each month, and shall Terms. commence on the first Monday thereof, and may be continued for four weeks. § 4. The said city court shall possess the powers and authority Powers of in relation to actions in said court, and the process and proceed-court. ings therein, as are possessed by the supreme court in relation to actions pending in the said supreme court. And all laws regulating the practice of the supreme court, and the course of procedure therein, shall, as far as practicable, apply to and be binding upon the said city court, and the said city court shall have power to review all of its decisions, and to grant new trials. Effect of § 5. Every judgment of said city court, may be docketed and shall be a lien, in the like manner, and to the same extent as docketed judgments recovered in the supreme court. And the said city judgment. court shall have the same power over the dockets of its judgments in the office of any county clerk, and over such county clerk in respect to the same, as for the time being may be possessed by the supreme court in respect to the dockets of judgments in the supreme court. And the said city court shall possess the like powers in relation to process which may be issued out of said court, as is now possessed by the supreme court in relation to process issued out of the said supreme court. peal. § 6. An appeal may be taken from any judgment, or final de- Right of aptermination of said city court, and from any intermediate order involving the merits and necessarily effecting the judgment, to the supreme court at a general term thereof; and all provisions of law relative to appeals from the supreme court to the court of appeals, shall apply to appeals from said city court. Clerk to be § 7. There shall be a clerk of said court, to be appointed by said court, who shall be ex-officio a commissioner of deeds for said appointed. city, and shall have power to take the acknowledgment of satisfaction of judgments in said court, to be recorded in any county in which such judgments may be docketed. He shall receive the same fees for his services in civil cases as is provided for similar services by the county clerk, and shall pay such fees into the treasury of the city. § 8. The said clerk shall at the expense of the city, provide To provide such necessary books as may be required for the discharge of his books. duties as such clerk. He may appoint a deputy, who shall in the absence of the clerk from his office, or from the court, possess all his powers and perform all his duties. 9. The said city court shall devise its own seal, at the expense Seal of court. of said city, and a description thereof, attested by the said clerk, shall be deposited with the secretary of state. § 10. The said city court and the office of the clerk thereof, Court where shall be held at such place or places within said city, as the com held. |