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(§ 27 of 1848- omitted in 1849. The designation of judges to hold the courts shall be such as that not more than one-half, nor less than one-fourth of the courts to which each shall be assigned, shall be held out of the district within which he was elected; and so that, of the judges who shall hold a general term, one at least shall sit at the next succeeding general term, and shall deliver the judgments of the judges who held the preceding term, in causes there argued and held under advisement.)

§ 26. (Being § 28 of 1848.) In case of the inability, for any cause, Wof a judge assigned for that purpose, to hold a special term, or cirouit court, or sit at a general term, or preside at a court of oyer and terminer, any other judge may do so.

(§ 29 of 1848-omitted in 1849. Within ten days after the expiration of every term and circuit court, the clerk shall certify to the governor the number of actions on the calendar, the number tried or heard, the number decided, the number remaining undisposed #of, and the duration of the term or circuit.)

§ 27. (Being § 30 of 1848.) The judges shall at all reasonable times, when not engaged in holding court, transact such other business as may be done out of court. One of the judges elected in the first judicial district, to be designated from time to time among themselves, shall attend for that purpose, at the city hall in the city of New York, on every judicial day, from ten o'clock in the forenoon until three o'clock in the afternoon, and longer, if the business require it; and every proceeding commenced before one of those judges may be continued before another with the same effect as if commenced before him.

(Am'd in 1849.)

§ 27. (As am'd in 1849.) The judges shall at all reasonable times, when not engaged in holding court, transact such other business as may be done out of court. Every proceeding commenced before cone of the judges, in the first judicial district, may be continued bebfore another, with the same effect as if commenced before him.

§ 28. (Being § 31 of 1848.) The supervisors of the several counties y shall provide the courts appointed to be held therein, with rooms,

attendants, Savi, Iris and statiomery, suitadie and sufficient for the transaction of der uses. Bae supervisors neglect, the court may order the sherif að do so, ami ae expense incurred by him in carrying the orber no efect, vim certified by the court, shall be a county charge.

TULE IV.

Of the Cmacy Curta

Section 29. Repes? of existing statutes, defaing their jurisdiction.

11. Genera, terms: when beid. Notice to be pablished.
21. Jarurs, how drawn and summoned.

§ 29. (Being § 32 of 1848. All statates now in force, conferrit or defining the jurisdiction of the county courts, are repealed; and those courts shall have no other jurisdiction than that provided the next section. But the repeal contained in this section shall not i affect any proceedings now pending in those courts.

(Am'd in 1849.)

§ 29. (As am'd in 1849.) All statutes now in force, conferring c definining the jurisdiction of the county courts, so far as they com flict with this act, are repealed; and those courts shall have no othe jurisdiction than that provided in the next section. But the repes. contained in this section shall not affect the proceedings now penc ing in those courts.

§ 30. (Being § 33 of 1848.) The county courts shall have jurisdic tion in the following actions and proceedings:

1. The exclusive power to review a judgment rendered in a civi action within their respective counties, by a court of a justice of the peace, or by the justice's courts in the cities of Albany, Troy an Hudson, respectively.

2. For the foreclosure or satisfaction of a mortgage, and the sa of mortgaged premises within the county.

3. For the partition of real property within the county.

4. For the admeasurement of dower, in real property within t county.

5. For the sale of the real property of an infant, when the pro erty is situated, and the infant resides, within the county.

6. For the care and custody of the person and estate of a pers of unsound mind, or an habitual drunkard, residing in the county.

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

8. In cases in which jurisdiction was vested by the Revised Statutes in the late courts of common pleas, under the provisions relating to attachments against absconding, concealed and non-resident debtors, to voluntary assignments, made pursuant to the application of an insolvent and his creditors, and to voluntary assignments by persons imprisoned on execution in civil cases.

9. In proceedings for the remission of fines and forfeited recognizances.

(Am'd in 1849, 1851, 1852 and 1860.)

§ 30. (As am'd in 1849.) The county courts shall have jurisdiction in the following actions and proceedings:

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 a justice of the peace, or by the justices' courts in cities.

2. For the foreclosure or satisfaction of a mortgage, and the sale of mortgaged 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 judgments 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 courts of common pleas, under the provisions

relating to attachments against absconding, concealed or non-resi dent 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 respect ide counties, until the first day of January, 1850.

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 commer pleas.

§ 30. (As am'd in 1851.) 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 por session 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 justice's court in cities, and to affirm, reverse or modify such judgment

3. The foreclosure or satisfaction of a mortgage, and the sale o 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 count 6. The sale, mortgage or other disposition of the real proper situated within the county, of an infant, or person of unsound min

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

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

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

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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 es the county courts of the counties of Kings, Albany, Monroe and Erie.

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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 d the to an appeal to the supreme court.

§ 30. (As am'd in 1852.) Same as § 30 as amended in 1851, except in subdivisions 12 and 13, which were amended so as to read as follows:

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 any action or proceeding pending in the county court in which the county judge is for any cause incapable of acting, may be transferred by the county court to the supreme court, bin and thereupon the papers therein on file in the county court shall be transmitted to the supreme court in the same district, which shall thenceforth have jurisdiction of such action or proceeding.

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