§ 30. (As am'd in 1860.) Same as § 30, as amended in 1852, except sub. 13, which was amended so as to read as follows: 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 same in the office of the clerk of such county court, and thereupon 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. § 31. (Being § 34 of 1848.) A general term of each county court, for the final hearing of actions or proceedings pending therein, shall be held at the places in the counties respectively designated by statute for holding county or circuit courts, on the first Tuesday of January, March, May, July, September and November, in each year, and may continue as long as the court deem necessary. The court shall be deemed always open, for the transaction of any other business. (Am'd in 1849 and 1851.) § 31. (As am'd in 1849.) 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 motions and other proceedings at which no jury shall be required to attend. § 31. (As am'd in 1851.) The county court is 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, 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 motions and other proceedings at which no jury shall be required to attend. (§ 35 of 1848 omitted in 1849. An issue of fact hereafter joined in a county court, shall be tried by the court, unless, on motion of either party, it shall order a jury trial.) (§ 36 of 1848-omitted in 1849. If a jury trial be ordered, the court shall direct the sheriff to summon eighteen residents of the county competent as jurors, to appear before the court at a time and place to be specified.) (§ 37 of 1848-omitted in 1849. A jury shall be drawn from the persons so summoned, or if there be a defect of jurors, it shall be supplied as in other cases. The practice appertaining to jury trials, and to the verdict of the jury, and the proceedings thereon, as in this act provided, shall in all respects apply to such trial.) (§ 38 of 1848-omitted in 1849. No jury shall hereafter be summoned for a county court, except as provided in the last section. Nor shall a grand or petit jury be summoned for a court of general sessions of the peace (except in the city and county of New York) unless so directed by the board of supervisors of the county. § 32. (Added in 1849.) Jurors for the county courts and courts of Bessions 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. 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 of the courts named in this title. 34. Court of common pleas for New York has power to review judgments of the marine and justices' courts. 35. General and special terms of the superior court and common pleas to be appointed. 26. 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 justices of superior court to be elected. 43. How classified. 44. Expiration of terms, and vacancies how filled. 46. Terms of superior court and by whom held. 47. Certain civil suits may be transferred from the supreme to the supe rior court. 48. Jurisdiction of superior court in such cases. 49. Judges to hear for two years, suits transferred from supreme court. 50. Appeal to the court of appeals. 51. Section twenty-eight applied to superior court. § 33. (Being § 39 of 1848.) 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 mayor's courts of the cities of Albany, Hudson, Troy and Rochester, and of the recorders' courts of the cities of Buffalo and Utica, shall extend to the following actions: 1. To the actions enumerated in section 103, 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 shall reside or be personally served with the summons within those cities respectively. 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. (Am'd in 1849 and 1852.) § 33. (As am'd in 1849.) 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 sections 123 and 124, 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 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 change the place of trial to any other county of this State, of any transitory action, pending in said superior court or court of common pleas for the city and county of New York, which it would have, had such action been commenced in said supreme court; such order for removal and for change of place for trial shall 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 said superior court, or of the said 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 of either of said courts in which such order shall be filed shall 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. 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 delivered within the State, or upon any cause of action arising therein. § 33. (As am'd in 1852.) 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 sections 123 and 124, 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 delivered within the state, or upon any cause of action arising therein. § 34. (Being § 40 of 1848.) The superior court of the city of New York shall also have power to review the judgments of the marine court of the city of New York, and of the assistant justices' courts in that city. (Am'd in 1849.) § 34. (As am'd in 1849.) The court of common pleas for the city and county of New York shall also have power to review the judg ments of the mare court of the city of New York, and of the justices' courts in that city. |