CHAPTER XI.

SUPERIOR COURT OF BUFFALO.

ARTICLE I.

ORGANIZATION.

Section 1. Establishment. The recorder's court of the city of Buffalo was organized in 1839, and the present superior court of Buffalo is a continuation of that court with an enlarged jurisdiction. It was established by an act of legislature, passed March 28, 1854. Laws of 1854, ch. 96. It was originally composed of three justices, elected by the electors of the city of Buffalo, who held office for eight years. Ib. This act has been declared constitutional. International Bank v. Bradley, 19 N. Y. (5 Smith) 245.

Section 2. Present organization. Under the present constitution the superior court of Buffalo is continued, with the powers and jurisdiction it now has and such further civil and criminal jurisdiction as may be conferred by law. It is composed of the three judges in office at the adoption of the 6th article of the constitution and their successors. Const., art. 6, § 12.

Section 3. Election and term of office. Judges of this court are chosen by the electors of the city of Buffalo for the term of fourteen years, from and including the first day of January next after their election. But no person can hold the office of judge longer than until and including the last day of December next after he shall be seventy years of age. Const., art. 6, § 13.

Section 4. Compensation. Each justice receives a salary of $5,000 per annum (Laws of 1870, ch. 313), which cannot be diminished during his term of office. Const., art. 6, § 14. He is not allowed to receive fees for any official service. Laws of 1854, ch. 96, § 5.

Section 5. Certificate of term; vacancies. Each justice is required, within ten days after entering upon the duties of his office, to make and sign a certificate stating his age and the time when his official term will expire, which must be filed in the office of the secretary of state. Laws of 1870, ch. 86, § 8.

Not to practice — Seal, etc. -Chief judge - Original jurisdiction. Vacancies occurring by the effluxion of time or the disability of age, are filled at the preceding general election. Id., § 9. Vacancies otherwise occurring are filled, for a full term, at the next general election happening not less than three months after the vacancy occurs, and until so filled, the governor, with the advice and consent of the senate, or, if the senate is not in session, the governor may appoint to fill the vacancy. Any such appointment continues to and including the last day of December next after the election at which the vacancy shall be filled. art. 6, §§ 9, 12; Laws of 1870, ch. 86, § 9.

Const.,

Section 6. Not to practice. The justices are not allowed to practice in any of the courts of this State or of the United States. Laws of 1854, ch. 96, § 5.

Section 7. Seal, etc. The court possesses a seal, and is declared to be a court of record. Laws of 1854, ch. 96, §§ 1, 7.

Section 8. Chief judge. It is the duty of the judges of this court to appoint from their own number a chief judge, who shall act as such during his official term. Const., art. 6, § 12.

ARTICLE II.

JURISDICTION.

Section 1. Original.

a. Subject of action situate in the city. This court has jurisdiction of the following actions and proceedings, when the subject thereof is situate within the city of Buffalo:

I. For the recovery of real property, or of any estate or interest therein, or for the determination, in any form, of any such right or interest or claim thereto, and for injuries to real property and chattels real.

II. For the partition of real property.

III. For the foreclosure of mortgages of real property and chattels real.

IV. For the admeasurement of dower.

V. For the sale, mortgage or other disposition of real property, of an infant, habitual drunkard, lunatic, idiot, and persons of unsound mind.

VI. To compel a specific performance by an infant heir, or other person, of a contract respecting real property and chattels real

Jurisdiction in general-Special proceedings, etc.

VII. For the mortgage or sale by a religious corporation of its real property, and the application of the proceeds thereof. Laws of 1854, ch. 96, § 9; Laws of 1870, ch. 313.

b. Jurisdiction in general. It has jurisdiction of all other civil actions and proceedings, and of the subject-matter thereof, whether the cause thereof has arisen, or the subject thereof is situate, in the city of Buffalo or not; and it may acquire jurisdiction of the person and property by

I. Appearance.

II. Personal service in the city, of the summons or process, upon the defendant.

III. Personal service in the city of the summons or process upon one or more of several defendants, and upon the others, in the same place and manner, including by publication, as if the action were in the supreme court.

IV. Service of the summons or process in the same place and manner, including by publication, if it could by law be served, if the action or proceeding were in the supreme court, in the following cases:

1. When the defendant, or one or more of several defendants, resides or has an office for the transaction of business in said city.

2. When the cause of action arose in said city.

3. When the contract was made or was, by its terms, to be performed in said city.

4. When the defendants are non-residents of the State, and one or more of them has property in the city.

5. When the defendant is a corporation created under the laws of this State and keeps an office or agency, or is established in said city.

6. When the defendant is a foreign corporation and keeps an office or agency or has property in said city.

7. When the action is for divorce on the ground of nullity of the marriage contract, or for a divorce dissolving the marriage contract, or for a separation, and either of the parties resides in said city, or the marriage was solemnized in said city, or the acts complained of were committed in said city.

The term "process," as used in this section, includes the papers by which any proceedings are commenced. Laws of 1870, ch. 313.

c. Special proceedings, etc. This court has, within the city of

Appellate - Powers of the court.

Buffalo, concurrent jurisdiction with the supreme court, of all common law and statutory writs (such as mandamus, habeas corpus, ne exeat, etc.), of the remedies heretofore obtained by any writ now abolished, which may now be obtained by civil action, and of all special proceedings whatsoever. Laws of 1857, ch. 361.

d. Plea of title in justice's court. It has exclusive jurisdiction of all actions discontinued in a justice's court in the city of Buffalo on account of the plea of title being interposed. Laws of 1857, ch. 361.

e. Custody of idiots, etc. This court has the care and custody of all idiots, lunatics, persons of unsound mind and habitual drunkards, residing in the city of Buffalo, and of their real and personal estate. Laws of 1854, ch. 96, § 11.

f.. Service of summons. In those cases where the jurisdiction of the court is not made to depend on the service of the summons within the city of Buffalo, the summons may be served in any part of the State. Laws of 1854, ch. 96, § 13.

g. Jurisdiction presumed. The jurisdiction of this court will in all cases be presumed. Laws of 1854, ch. 96, § 1; International Bank v. Bradley, 19 N. Y. (5 Smith) 245, 253. Section 2. Appellate.

a. From justices' courts. In the city of Buffalo, appeals from the courts of justices of that city shall be to the superior court, and if on such appeal a new trial is had, such trial must be had in the superior court. Code, § 352.

b. From special term. Appeals may be taken to the general term of this court in all cases, where an appeal could be taken to the general term of the supreme court, if the action or proceeding were pending therein. Laws of 1857, ch. 361.

a. Writs and process. Subpoenas, attachments for contempt, precepts for the collection of interlocutory costs, and all writs and process awarded by the court or any judge thereof, may be issued to, and executed in, any county of the State. Laws of 1857, ch. 361.

Of the judges - Clerk - Crier - Attorneys - Sheriff and constables-Terms.

This court has the same

b. Same power as supreme court. power as the supreme court to enforce all its process, orders and judgments, and to grant new trials and rehearings. 1857, ch. 361.

Laws of

Section 2. Of the judges. Each of the justices of this court has all the powers possessed by the recorder of the city of Buffalo, December 1, 1846, and all the powers possessed by a justice of the supreme court out of court or at chambers. Laws of 1857, ch. 361. Any proceeding commenced before one of the justices may be continued before another. Ib.

ARTICLE IV.

OFFICERS.

Section 1. Clerk. The clerk of this court is appointed by the court and holds his office during the pleasure of the court. He receives a salary, and in addition the same fees as are paid to the clerks of the supreme court. Laws of 1854, ch. 96, § 6.

Section 2. Crier. The court also appoints a crier, who holds his office during the pleasure of the court. Laws of 1854, ch. 96. Section 3. Attorneys. Attorneys, when admitted to practice by the supreme court, are entitled to the privileges of this court.

Section 4. Sheriff and constables. It is the duty of the sheriff of Erie county, and as many constables as the court shall direct, and summon by the sheriff, to attend the terms of the court. Laws of 1854, ch. 96, § 8.

a. General terms. Four general terms are held in each year, at such times as the justices of the court may, by order, prescribe, and the justices holding the terms may adjourn such terms, from time to time, as the business of the court may require. Laws of 1854, ch. 96, § 22. A general term may be held by two justices. Laws of 1870, ch. 313. Demurrers must be heard at general term. Ib.

b. Trial term. Six trial terms are held in each year, at such