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PART III.

When

out of

for three weeks before the holding of any court in pursuance thereof. The expense of the publication shall be paid out of the treasury of the state.

$ 26. In case of the inability, for any cause, of a judge judges not assigned assigned for that purpose, to hold a special term or circuit the courts. court, or sit at a general term, or preside at a court of oyer

and terminer, any other judge may do so. Duties of $ 27. The judges shall at all reasonable times, when not Judges as to business engaged in holding court, transact such other business as may courts.

be done out of court. Every proceeding commenced before one of the judges, in the first judicial district, may be continued before another, with the same effect as if commenced before him.

19 How. P. R., 347; 15 How. P. R., 23; 11 Ab., 85. Rooms,

$ 28. The supervisors of the several counties shall provide the courts appointed to be held therein, with rooms, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of their business. If the supervisors neglect, the court may order the sheriff to do so; and the expense incurred by him in carrying the order into effect, when certified by the court, shall be a county charge.

Extended to superior court, common pleas and marine courts in New

York, by Laws of 1853, ch. 529. 30 B., 63; 23 B., 352; 4 db., 24.

fuel, &c. how fur nished.

TITLE IV.

OF THE COUNTY COURTS.
SEO. 29. Repeal of existing statutes, defining their jurisdiction.

30. Their jurisdiction.
31. General terms, when held. Notice to be published.

32. Jurors, how drawn and summoned. Repeal of $ 29. All statutes now in force, conferring or defining the existing Statutes de- jurisdiction of the county courts, so far as they conflict with fin their this act, are repealed; and those courts shall have no other jurisdiction

jurisdiction than that provided in the next section. But the repeal contained in this section shall not affect any proceedings now pending in those courts.

11 B., 618; 1 Ab., 113. Their juris- $ 30. The county court has jurisdiction in the following diction.

special cases, but has no original civil jurisdiction except in such cases :

1. Civil actions in which the relief demanded is the recovery of a sum of money not exceeding five hundred dollars, or the recovery of the possession of personal property not exceeding in value five hundred dollars, and in which all the defendants are residents of the county in which the action is brought at the time of its commencement; subject to the right of the supreme court upon special motion for good cause shown to remove any such action to the supreme court before trial;

2. The exclusive power to review in the first instance, a judgment rendered in a civil action by a justice's court in the

a

CUAP. XI.

a

county, or by a justice's court in cities, and to affirm, reverse or modify such judgment;

3. The foreclosure or satisfaction of a mortgage, and the sale of mortgaged premises situated within the county, and the collection of any deficiency on the mortgage remaining unpaid, after the sale of the mortgaged premises ;

4. The partition of real property situated within the county;

5. The admeasurement of dower in land situated within the county;

6. The sale, mortgage or other disposition of the real property situated within the county, of an infant or person of unsound mind :

7. To compel the specific performance, by an infant, heir or other person, of a contract made by a party who shall have died before the performance thereof;

8. The care and custody of the person and estate of a lunatic or person of unsound mind, or an habitual drunkard residing within the county ;

9. The mortgage or sale of the real property situated within the county, of a religious corporation, and the disposition of the proceeds thereof;

10. To exercise the power and authority heretofore vested in such courts of common pleas, over judgments rendered by justices of the peace, transcripts of which have been filed in the offices of the county clerks in such counties ;

11. To exercise all the powers and jurisdiction conferred by statute upon the late courts of common pleas of the county, or the judges or any judge thereof, respecting ferries, fisheries, turnpike roads, wrecks, physicians, habitual drunkards, imprisoned, insolvent, absent, concealed or non-resident debtors, gaol liberties, the removal of occupants from state lands, the laying out of railroads through Indian lands, and upon appeal from the determination of commissioners of highways, and all other powers and jurisdiction conferred by statute, which has not been repealed, on the late court of common pleas of the county, or on the county court, since the late courts of common pleas were abolished, except in the trial and determination of civil actions; and to prescribe the manner of exercising such jurisdiction, when the provisions of any statute are inconsistent with the organization of the county court;

12. To remit fines and forfeited recognizances in the same cases and like manner as such power was given by law to courts of common pleas. But the first subdivision of this section shall not apply to the county courts of the counties of Kings and Erie;

13. To grant new trials or affirm, modify or reverse judgments in actions tried in such court upon exceptions or case made subject to an appeal to the supreme court; but in any action or proceeding pending in the county court, in which the county judge is, for any cause, incapable of acting, it shall be his duty to make a certificate of such fact, and file the

PART III.

.

same in the office of the clerk of such county court, and there-
upon jurisdiction of such action or proceeding shall be vested
in the supreme court, and such further proceedings shall be
had therein, according to the practice of such court, as might
have been had in the county court, if such cause or matter
had remained therein; but all such matters shall be heard or
tried in the first instance at a special term or circuit court
held in a county where such action or proceeding is situated.

Amended by Laws of 1851, ch. 479; 1852, ch. 392; 1860, ch. 459.
18 N. Y., 58, 401; 16 N. Y., 81; 12 N. Y., 597; 26 B., 223; 16 B., 427;

11 B., 484; 17 How. P. R., 45; 16 How. P. R., 327, 538, 541, 567;

14 How. P. R., 32; 13 How. P. R., 400; 7 Ab., 329. General $ 31. The county court is always open for the transaction when held. of any business for which no notice is required to be given to

an opposing party. At least two terms in each county for the trial of issues of law or fact, and as many more as the county judge shall appoint, shall be held in each year at the places in the counties respectively designated by statute for holding county or circuit courts, on such days as the county judge shall from time to time appoint, and may continue as

long as the court deem necessary. Notice to Notice of such appointment shall be published in the state be pub lished paper at least four weeks before any such term, and also in a

newspaper, if any, printed in the county; so many of such terms as the county judge shall designate for that purpose, in such notice, may be held for the trial of issues of law, and hearing and decision of motions and other proceedings at which no jury shall be required to attend.

As amended by Laws of 1851, ch. 479. Jurors, how $ 32. Jurors for the county courts and courts of sessions summoned. shall be drawn from the jury box of the county, and sum

moned in the same manner as for the trial of issues at a circuit court.

5 N. Y., 533, 535; 23 B., 9).

1

TITLE V. OF THE SUPERIOR COURT AND COURT OF COMMON PLEAS, IN

THE CITY OF NEW YORK, AND THE MAYORS' AND RECORD

ERS' COURTS IN OTHER CITIES. SEC. 33. Jurisdiction of the courts named in this title. 34. Court of Common Pleas for New York has power to review judgments of the

Marine and Justice's courts. 35. General and special terms of the Superior court and Common Pleas to be ap

pointed. 36. By whom held. 37. Judgments where given. 38. Concurrence of two judges necessary. 39. Criers, how appointed. Salaries, how fixed. 40. Superior court, of whom to consist. 41. Three additional justices of Superior court to be elected. 42. How voted for. 43. How classified. 44. Expiration of terms and vacancies how filled. 45. Powers of Judges and their salaries. 46. Terms of Superior court and by whom held.

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Sec. 47. Certain civil suits may be transferred from the Supreme to the Superior court.

48. Jurisdiction of the Superior court in such cases. 49. (Repealed.) 50. Appeal to the Court of Appeals. 51. Section 28 applied to Superior court. S 33. The jurisdiction of the superior court of the city of Their jurisNew York, of the court of common pleas for the city and county of New York, of the mayors' courts of cities, and of the recorders' courts of cities, shall extend to the following actions:

1. To the actions enumerated in section one hundred and twenty-three and one hundred and twenty-four, when the cause of action shall have arisen, or the subject of the action shall be situated, within those cities respectively;

2. To all other actions where all the defendants reside, or are personally served with the summons within those cities respectively, or where one or more of several defendants, jointly liable on contract, reside or are personally served with the summons, within those cities respectively, except in the case of mayors' and recorders' courts of cities, which courts shall only have jurisdiction where all the defendants reside within the cities in which such courts are respectively situated. The supreme court may remove into that court any action brought under this subdivision and pending in the superior court, or court of common pleas for the city and county of New York, and may change the place of trial therein, as if such action had been commenced in the supreme court; such order for removal and for change of place of trial to be made in the supreme court upon motion, and on filing a certified copy of such order in the office of the clerk of the superior court, or of the court of common pleas, such cause shall be deemed to be removed into the supreme court, which shall proceed therein as if the same had originally been commenced there; and the clerk with whom such order is filed, must forthwith deliver to the clerk of the county in which, by such order, the trial is ordered to be had, to be filed in his office, all process, pleadings and proceedings relating to such cause. And any action or proceeding pending in any mayor's or recorder's court, in which the judge is for any cause incapable of acting, may by such court be transferred to the county court of the county, and thereupon the papers therein on file in the mayor's or recorder's court shall be transmitted to the county court, which shall thenceforth have jurisdiction of such action or proceeding.

3. To actions against corporations, created under the laws of this state, and transacting their general business, or keeping an office for the transaction of business, within those cities, respectively, or established by law therein, or created by or under the laws of any other state, government or country, for the recovery of any debt or damages, whether liquidated or not, arising upon contract made, executed, or

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PART III.

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common

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where

delivered within the state, or upon any cause of action
arising therein.

As amended by Laws of 1852, ch. 392.
9 N. Y., 267; 26 B., 223; 6 B, 174; 13 How. P. R., 255; 9 How. P. R.,

512; 11 Ab., 404; 4 Ab., 44, 55; 1 Ab., 137. Court in

$ 34. The court of common pleas for the city and county Now York of New York shall also have power to review the judgments to review judgments of the marine court of the city of New York, and of the jusof marine and justi- tices' courts in that city. ces' courts.

5 Ab., 211; 3 Ab., 58. Terms of

S 35. The superior court of the city of New York, and the superior court and

court of common pleas, for the city and county of New York,

shall, within twenty days, appoint general and special terms pleas in New York. of those courts respectively, and prescribe the duration there

of; and they may, from time to time, respectively, alter such appointments; and hereafter no fee shall be paid for any service of a judge of either of those courts.

5 N. Y., 533. By whom

S 36. A general term shall be held by at least two of the judges of those courts respectively, and a special term by a single judge.

5 N. Y., 533. Judgments,

$ 37. Judgments upon appeal shall be given at the general

term; all others, at the special term. given

5 N. Y., 533; 2 Ab., 116. Concur

$ 38. The concurrence of two judges shall be necessary to to judges pronounce a judgment at the general term. If two do not necessary. concur, the appeal shall be reheard.

5 N. Y., 533. Criers, how

$ 39. A crier shall be appointed by the superior court of appointed. the city of New York, and by the court of common pleas for

the city and county of New York respectively, to hold his Salaries, office during the pleasure of the court. He shall receive a

salary to be fixed by the supervisors of the city and county

of New York, and paid out of the county treasury. Superior S 40. The superior court of the city of New York shall from court, of whom to

the first day of May, one thousand eight hundred and fortyconsist. nine, consist of six justices. Three justi. S 41. Three justices of such superior court, in addition to fior Courpe the justices now holding office, shall be elected by the electo be elect- tors of the city and county of New York, at the annual ed.

charter election to be held in that city on the second Tuesday of April, one thousand eight hundred and forty-nine.

$ 42. 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 recorder of the city of New York, and a certificate thereof shall be filed with the secretary of state.

rence of

how fixed,

How voted for.

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