such a mandate, or his certificate of the execution thereof, or of the service of any paper served by him, has the same force and effect as the like return and certificate of a sheriff. 340. Jurisdiction. TITLE V. 341. Domestic corporation, etc., when deemed resident, etc. 342. Action, etc., wherein county judge is incapable to act. 343. Supreme court may remove action, and change place of trial. 344. Effect of order of removal; appeal, etc. 345. Stay of proceedings. 346. Removal of action not to impair process, etc. 347. County court may send its pro- 348. When jurisdiction, etc., co-ex- 350. Fines and penalties; how re- § 351. Restrictions upon power to re- 352. Notice of application, etc.; costa 356. Notice of appointment to be pub 357. Jurors, how drawn and summoned. 358. Stenographers for county courts. 360. Id.; assistant-stenographer. § 340. [am'd 1877.] The jurisdiction of each county court extends to the following actions and special proceedings, in addition to the jurisdic tion, power, and authority, conferred upon a county court, in a particular case, by special statutory provision: 1. To an action for the partition of real property; for dower; for the foreclosure, redemption, or satisfaction of a mortgage upon real property; or to procure a judgment requiring the specific performance of a contract, relating to real property; where the real property, to which the action relates, is situated within the county; or to foreclose a lien upon a chattel, in a case specified in section seventeen hundred and thirty-seven of this act, where the lien does not exceed one thousand dollars in amount, and the chattel is found within the county. 2. To an action in favor of the executor, administrator or assignee of a judgment creditor, or, in a proper case, in favor of the judgment creditor, to recover a judgment for money remaining due upon a judgment rendered in the same court. 3. To an action for any other cause, where the defendant is, or, if there are two or more defendants, where all of them are, at the time of the commencement of the action, residents of the county, and wherein the complaint demands judgment for a sum of money only, not exceeding one thousand dollars; or to recover one or more chattels, the aggregate value of which does not exceed one thousand dollars, with or without damages for the taking or detention thereof. 4. To the custody of the person and the care of the property, concurrently with the supreme court, of a resident of the county, who is incompetent to manage his affairs, by reason of lunacy, idiocy, or habitual drunkenness; and to every special proceeding, which the supreme court has jurisdiction to entertain, for the appointment of a committee of the person or of the property, of such an incompetent person, or for the sale or other disposition of the real property, situated within the county, of a peron, wherever resident, who is so incompetent for either of the causes aforesaid, or who is an infant; or for the sale or other disposition of the real property, situated within the county, of a domestic religious corporasion. 341. For the purpose of determining the jurisdiction of a county court, m either of the cases specified in the last section, a domestic corporation or joint-stock association, whose principal place of business is established, by or pursuant to a statute, or by its articles of associatica, or iɛ actually acated within the county, is deemed a resident of the county, and personai ervice of a summons, made within the courty, as prescribed in this act, r personal service of a mandate, whereby a special proceeding is com menced, made within the county, as prescribe in this act for personal Bervice of a summons, is sufficient service thereof upon a domestic corpora. tion, wherever it is located. 342. [am'd 1877.] If the county judge is, for any cause, incapable to act in an action or special proceeding, pending in the county court, or be fore him, he must make, and file in the affice of the clerk, a certificate of the fact; and thereupon the special oounty judge, if any, and if not disqualified, must act as county judge in that action or special proceeding. Upon the filing of the certificate, where there is no special county judge, or the special county judge is disqualified, the action or special proceeding is removed to the supreme court, if it is then pending in the county court; if it is pending before the county judge, it may be continued before any justice of the supreme court within the same judicial district. The supreme court, upon the application of either party, made upon notice, and upon proof that the county judge is incapable to act in an action or special proceeding pending in the county court, may, and if the special county judge is also incapable to act, must, make an order removing it to the supreme court. Thereupon the subsequent proceedings in the supreme court must be the same as if it had originally been brought in that court, except that an objection to the jurisdiction may be taken, which might have been taken in the county court. § 343. The supreme court may, by an order, made at any time after joinder of an issue of fact, and before the trial thereof, remove to itself an action, brought in a county court, under subdivision second or subdivision third of the last section but two, for the purpose of changing the place of trial thereof. Where an order for removal is made, as prescribed in this section, the place of trial of the action must be changed by the same order to another county; and the subsequent proceedings therein must be the same, as if the action had been originally brought in the supreme court. § 344. An order of removal, made as prescribed in either of the last two sections, takes effect upon the entry thereof in the office of the county clerk. Where the order directs that the action be tried in another county, the clerk with whom it is entered, must forthwith deliver to the clerk of that county, all papers filed therein, and certified copies of all minutes and entries relating thereto; which must be filed, entered, or recorded, as the case requires, in the office of the last mentioned clerk. The provisions of section two hundred and seventy-one of this act apply to an appeal taken from such an order. § 345. An order to stay proceedings, for the purpose of affording an opportunity to make the application for removal, may be made by the county judge, or by a judge authorized to make such an order in the se preme court and with like effect and under like circumstances. § 346. The removal of an action or special proceeding, as prescribed in this title, does not invalidate, or in any manner impair, a process, provis ional remedy, or other proceeding, or a bond, undertaking, or recognizance in the action or special proceeding so removed; each of which continues to ave the same validity and effect, as if the removal had not been made. Where bail was given, the surrender of the defendant in the supreme court has the same effect, as a surrender in the county court would have had, if the action or special proceeding had remained therein. $347. A county court has power, in an action or special proceeding of which it has jurisdiction, to send its process and other mandates into any county of the State, for service or execution, and to enforce obedience thereto, with like power and authority as the supreme court. § 348. Where a county court has jurisdiction of an action or a special proceeding, possesses the same jurisdiction, power and authority in and over the same, and in the course of the proceedings therein, which the supreme court possesses in a like case; and it may render any judgment, or grant either party any relief, which the supreme court might render or grant in a like case, and may enforce its mandates in like manner as the supreme court. And the county judge possesses the same power and authority, in the action or special proceeding, which a justice of the supreme court possesses, in a like action or special proceeding, brought in the supreme court. § 349. The county judge also possesses the same power and authority, in a special proceeding, which can be lawfully instituted before him, out of court, which a justice of the supreme court possesses in a like special proceeding, instituted before him in like manner. § 350. Upon the application of a person, who has been fined by a court, or of a person whose recognizance has become forfeited, or of his surety, the county court of the county in which the term of the court was held, where the fine was imposed, or the recognizance taken, may, except as otherwise prescribed in the next section, upon good cause shown, and upon such terms as it deems just, make an order, remitting the fine, wholly or partly, or the forfeiture of the recognizance, or part of the penalty thereof; or it may discharge the recognizance. If a fine so remitted has been paid, the county treasurer, or other officer, in whose hands the money remains, must pay the same, or the part remitted, according to the order. § 351. The last section does not authorize a county court, to remit any part of a fine, exceeding two hundred and fifty dollars, imposed by a court of oyer and terminer, or a court of sessions, upon a conviction for a criminal offence; or a fine, to any amount, imposed by a court upon an officer or other person, for an actual contempt of court, or for disobedience to its process, or other mandate; or to remit or discharge a recognizance, taken n its county, for the appearance of a person in another county. In the latter case, the power of remitting or discharging the recognizance is vested in the county court of the county, in which the person is bound to appear. §352. An application for an order, as prescribed in the last section but one, cannot be heard, until such notice thereof as the court deems reasonable, has been given to the district-attorney of the county, and until he has had an opportunity to examine the matter, and prepare to resist the application. And upon granting such an order, the court must always impose, a condiction [condition] thereof, the payment of the costs and expenses, any, incurred in action or special proceeding for the collection of the fine, or the penalty of the recognizance. if §353. Where a person has been fined by a court of special sessions, by a justice of the peace, upon a conviction for an offence, and has been committed to jail for non-payment of the fine, the county court of the county may make an order, remitting the fine, wholly or partly, and discharging him from his imprisonment. The power conferred by this section must be exercised in the manner prescribed, and subject to the provision contained, in the last three sections. § 354. In an action or special proceeding in a county court, an order may be made without notice, or an order to stay proceedings may be made upon notice, by a justice of the supreme court, or by the county judge of the county where the attorney for the applicant resides, in a case where the county judge, in whose court the action or special proceeding is brought, may make the same, out of court; and with like effect. § 355. [am'd 1877.] The county court is always open for the transaction of any business, for which notice is not required to be given to an adverse party, except where it is specially prescribed by law, that the business must be done at a stated term. The county judge must, from time to time, appoint the times and places for holding terms of his court. At least two terms, for the trial of issues of law or of fact, must be appointed to be held in each year. Each term may continue as long as the county judge deems necessary. The county judge may, by a new appointment, change the day appointed for holding a term, or appoint one or more additional terms, or dispense with the holding of a term, without affecting any other term or terms theretofore appointed to be held. Each term must be held at the place designated by statute for that purpose; except that the county judge may, from time to time adjourn a term to any place within the county, for the hearing and decision of motions and appeals, and trials and other proceedings without a jury; and may appoint as many terms as he thinks proper to be held, either at the court house or elsewhere in the county, for the same purpose. 356. Each appointment, made as prescribed in the last section, must be filed in the county clerk's office, and a copy thereof published, at least once in each week, for three successive weeks before a term is held, changed, or dispensed with, by virtue thereof, in the newspaper in the city of Albany, in which legal notices are required to be published, and also in at least one newspaper, published in the county, and as many additional newspapers, published therein, as the county judge prescribes. The expense of the publication is a county charge. § 357. Jurors for the terms of the county court, at which issues of fact are triable by jury, and of the court of sessions, must be drawn and notified in the same manner as for a term of the circuit court. § 358. [am'd 1883] The board of supervisors of any county, except Kings, Livingston, Monroe, Cortland, Oswego, Westchester and Onondaga, may, in their discretion, provide for the employment of a stenographer for the county court and court of sessions therecf, and when said board of supervisors shall so provide, the stenographer shall be appointed by the presiding judge of said courts, and said board of supervisors must fix his compensation, and provide for the payment thereof, in the same manner as other county expenses are paid. § 359. [am'd 1877.] The county judge of the county of Kings, from time to time, must appoint, and may at pleasure remove, a stenographer to be attached to the county court and the court of sessions of the county of Kings; who is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each trial of an issue of fact in the county court o court of sessions. The stenographer, appointed as prescribed in this sec tion, may, with the consent of the county judge, appoint an assistant stend grapher, to aid him in the discharge of his duties, whose compensation sha be paid by the stenographer, and is not a county charge. § 360. [am'd 1877.] The county judge and the surrogate of the count af Kings, from time to time, must appoint, and may at pleasure remove, a interpreter, to be attached to the county court, the court of sessions, and the surrogate's court of the county of Kings. Before entering upon the discharge of his duties, he must file in the county clerk's office the constitutional oath of office, and an additional oath, which may be incorporated into the constitutional oath, to the effect that he will fully and correctly interpret and translate each question propounded to a witness, and each answer thereto. § 361. [am'd 1878, 1882, 1886, 1888, 1890.] The judge holding or presiding at a term of the county court or court of sessions in either of the counties of Livingston, Niagara, Monroe, Onondaga, Oswego, or Cortland where issues of fact are triable, may employ a stenographer to take stenographic notes upon trials thereat, who is entitled to a compensation to be certified by the judge, not exceeding ten dollars for each day's attendance, at the request of the judge. The stenographer's compensation is a charge upon the county, and in the counties of Livingston and Onondaga must be audited, allowed and paid as other county charges; and in the counties of Monroe, Niagara, Oswego and Cortland must be paid by the county treasurer, on an order of the court, granted on the affidavit of the stenographer and the certificate of the judge that the services were rendered. The judge of the county court and court of sessions of Erie county may appoint and may at pleasure remove a stenographer of said courts, who must attend each term of the said courts where issues of fact in civil or criminal cases are triable, and shall receive therefor a salary of fifteen hundred dollars per annum, together with his necessary expenses for stationery, to be paid by the treasurer of said county of Erie, in equal monthly installments, on the certificate of the judge of said courts that the services have been actually performed or the expenses necessarily incurred. Said stenographer shall also report and transcribe opinions for the judge of said courts, as well as special proceedings where a stenographer is required, without additional compensation. CHAPTER IV. LIMITATION OF THE TIME OF ENFORCING A CIVIL TITLE I-ACTIONS FOR THE RECOVERY OF REAL PROPERTY. TITLE II.-ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY. TITLE I. Actions for the recovery of real property. 362. When the people will not sue. 363. Action by grantee from the State. 364. Action after annulling letters patent. 365, 366. Seizin within twenty years, when necessary, etc. 367. Action after entry. 368. Possession, when presumed; occupation presumed to be under legal title. 369. Adverse possession under written instrument or judgment. 372. Id.; what constitutes it. cast. 375. Certain disabilities excluded §362. The people of the State will not sue a person for or with respect to real property, on the issues or profits thereof, by reason of the right or title of the people to the same, unless either: 1. The cause of action accrued within forty years before the action is commenced; or, 176 |