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.

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.

12. 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. 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, 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.

a. 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. 169.

b. The case of Beecher v. Allen was questioned by an obiter dictum of Bronson, Ch. J., in Griswold v. Sheldon, 1 Code Rep., N. S., 261. The point seems to have come up directly before the court of appeals in Frees v. Ford, 1 Code Rep., N. S., 413; 2 Selden 176, when it decided, that "the enactments of the judiciary act conferring jurisdiction in civil cases on the county courts are constitutional. The term 'special cases,' as used in the constitution, in reference to the jurisdiction of those county] courts, does not meau only those proceedings which, under our statutes, have obtained a technical name of 'special proceedings;' but such cases as the legislature may specify, contradistinguished from general jurisdiction ;" and see 1 Selden 531 note.

c. A judgment of a county court for an amount exceeding the jurisdiction of the

court, is void. Griswold v. Sheldon, 1 Code Rep., N. S., 261; and therefore a judg. ment by confession in the county court for $5,000 debt, and $25 damages and costs, was held to be void. Ib.

a. It appears, also, from the case of Frees v. Ford, 1 Code Rep., N. S., 413; 2 Selden, 176, that in an action in the county court, the record should show the facts necessary to give the court jurisdiction of the cause and the person of the defendant.

b. Where certain facts are necessary to give to an inferior court jurisdiction over the persons of parties, and it appears from the record of its judgment that there was evidence tending to prove such facts, and that such evidence was adjudged to be sufficient, such judgment cannot be collaterally impeached or contradicted. Sheldon v. Wright, 1 Selden, 497.

C.

"Whenever a cause or matter shall be pending in any county court, in which the judge of such court shall have been attorney, solicitor, or counsel, or shall be interested; or in which he would be excluded from being a juror, by reason of consanguinity, or affinity to either of the parties; or in the decision of which he shall have taken part when sitting as a judge in any other court, it shall be his duty to make a certificate stating such fact, and file the same in the office of the clerk of such county court; and thereupon jurisdiction of such cause or matter shall be vested in the supreme court in which such proceedings shall be had therein, according to the practice of such court, as might have been had in such county court, if such cause or matter had remained therein." 1 R. S., 4 ed., 375; Laws of 1847, c. 470, s. 31.

d. By subdivision 2, of section 33, of this code, "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."

e. The county court has also jurisdiction of appeals from the decision of a justice's court in a summary proceeding to recover the possession of land. Laws of 1849, cap. 193, p. 292.

This section was previously amended by laws of 1852, cap. 47 p. 41.

§ 31. [34] (Amended, 1849, 1851.) When open. Terms. 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.

§ 32. [36, 37, 38.] (Amended 1849.) 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.

38. Concurrence of two judges necessary.

39. Criers.

33. [39.] (Amended 1849-1852.) 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:

2. To all other actions where all the defendants shall 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 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.

a. Orders are made for removal of causes in all cases where sufficient cause for removal is adduced. See Carpenter v. Spooner, 3 Code Rep. 23; 2 Sand. 717; in effect overruling Brewster v. Honigsberger, 2 Code R. 50.

SUPERIOR COURT.
Its Jurisdiction.

b. This Court has jurisdiction of an action for the partition of real estate situate within the city of New York irrespective of the residence of the parties. Varian v. Stevens, 2 Duer, 635.