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TITLE IV.

Of the County Courts.*

SECTION 29. Repeal of existing statutes.

30. Jurisdiction.
31. General terms.
32. Jurors.

$ 29. [32.] Repeal of eristing statutes.-All statutes now in force, conferring or defining the jurisdiction of the county courts, so far as they conflict with this act, are repealed; and those courts shall have no other jurisdiction than that provided in the next section.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.

$ 30. [33.] (Amended.)-Jurisdiction. The county court has jurisdiction in the following 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 county, or by a justice's court in cities, and to affirm, reverse, or modify such judgment :

• Prior to the new constitution the county courts were composed of a multiplicity of judges, but upon their abrogation by the constitution, new county courts were established with but a single judge, called a county judge, except that in the city and county of New York, the county court is still composed of the judges of the court of common pleas, and of the mayor, recorder, and aldermen as ex officio judges of that court. Const. art. 6, s. 14.

By Laws of 1851, p. 22, c. 21, it is enacted, that the county courts shall possess the same jurisdiction in their respective counties in relation to the liberties of jails, as were vested in courts of common pleas by the revised statutes part 3, art. 3, tit. 6, cap. 7.

By the constitution art. vi., sec. 14, the Legislature is empowered to consor equity jurisdiction in special cases upon the county judgo.

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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 a 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, jail 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 :

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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, Albany, Monroe and Erie.

13. To grant new trials, or affirm, modify or reverse judgments in actions tried in such court upon a bill of exceptions, or case made subject to an appeal to the supreme court.

The alterations in this section are very extensive and numerous. Wo give the section entire as it stood in the code of 1849, in order that the nature and extent of the alterations may be more readily ascertained.

“The county courts shall have jurisdiction in the following actions and proceed iogs:

1. The exclusive power to review, in the first instance, a judgment rendered in a civil action within their respective counties, by a court of justice of the peace, or by the justices' courts in cities;

2. For the foreclosure or satisfaction of a mortgage, and the sale of mortgagedat premises situated within the county ;

3. For the partition of real property situated within the county;
4. For the admeasurement of dower in real property situated within the county ;

5. For the sale of the real property of an infant, when the property is situated within the county;

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

7. For 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;

8. For the mortgage or sale, on the application of a religious corporation, of its real property situated within the county, and the appropriation of the proceeds thereof;

9. To revive judgments entered in the late courts of common pleas in their respective counties, and to exercise the power and authority heretofore vested in such courts of common pleas, over judgmonts rendered by justices of the peace, transcripts of which have been filed in the offices of the county clerks in such counties ;

10. In cases in which jurisdiction was vested by the revised statutes, in the late court of common pleas, under the provisions relating to attachments against absconding, concealed or non-resident debtors; to voluntary assignments, made pursuant to the application of an insolvent and his creditors; to voluntary assignments by persons imprisoned on execution in civil cases, and the licensing and regulation of ferries, and the regulation of fisheries in their respective counties until the first day of January, 1650 ;

11. To remit fines and forfeited recognizances, in the same cases and in like manner as such power was given by law to courts of common pleas."

This section corresponds with section 33 of code 1848, and on an objection being raised as to the constitutionality of that section, the supreme court held it to be constitutional. Beecher v. Allen, 5 Barb. S. C. R. 169.

§ 31. [34.] (Amended.)When open— Terms.—The county courtis always open for the transaction 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 desig

nated 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 of such appointment shall be published in the State 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.

We insert the section for which the above is substituted for the reasons mentioned in the note to section 30.

“At least two general terms of each county court, and as many more as the county judge shall appoint, for the final hearing of actions or proceedings pending therein, 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 of such appointment shall be published in the State 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 mo. tions and other proceedings at which no jury shall be required to attend."

A doubt is said to exist as to the right of the court of sessions to sit at the same time with the general terms of the county courts. See judiciary act, (laws of 1847, p:332, s. 45.) It is provided by statute, that the court of sessions of the city and county of Albany, may be held at the times and places at which the general terms of the county courts are by law appointed to be held, and may continue as long as the court deem necessary. (Laws of 1849, p. 111. cap. 76.)

32. [36, 37, 38.] Jurors.-Jurors for the county courts and courts of sessions, shall be drawn from the jury box of the county, and summoned in the same manner as for the trial of issues at a circuit court.

The rules of the supreme court are applicable to county courts.

TITLE V.

Of the Superior Court and Court of Common Pleas, in the city

of New-York, and the Mayors' and Recorders' Courts in other cities.

SECTION 33. Jurisdiction.

34. Common Pleas for New-York to review certain judgments.
35. General and special terms.
36. By whom held.
37. Judgments where given.
33. Concurrence of two judges necessary.
39. Criers.
40. Superior Court, of whom to consist.
41. Justices of Superior Court to be elected.
42. How voted for.
43. How classified.
44. Vacancies how filled.
45. Judges, their salaries, fc.
46. Terms of Superior Court.
47. Suits may be transferred.
48. Jurisdiction of transferred suits.
49. Hearing of suits transferred.
50. Appeal.
51. Section applied.

$ 33. [39.] Jurisdiction.—The jurisdiction of the superior court of the city of New 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 ; t 2. To all other actions where all the defendants shall reside, or be 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 shall reside within the cities in which such courts are respectively situated. The supreme court shall have power and authority to remove, by order, into the said supreme court, and the same power and authority to

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