may make an order directing one-half of the stenographer's fees therefor, to be paid by each of the parties to the action or special proceeding, at the rate of ten cents for each folio so written out, and may enforce payment thereof. If there are two or more parties on the same side, the order may direct either of them to pay the sum payable by their side, for the stenographer's fees, or it may apportion the payment thereof among them, as the judge deems just. § 290. The judge who holds an extraordinary trial term of either of those courts, must appoint a stenographer for that term, who is subject to all the provisions of law relating to an assistant stenographer, and is entitled to a compensation, at the rate and in the manner prescribed by law for the official stenographer. $291. The judges of each of those courts, or a majority of them, must appoint, and may at pleasure remove, one crier for their court. Each crier so appointed is entitled to a salary, fixed and to be paid as prescribed by law. He is not entitled to any other compensation. ARTICLE THIRD. PROVISIONS EXCLUSIVELY APPLICABLE TO THE SUPERIOR 2 292. Additional jurisdiction. 293. Id.; in special proceedings. 294. Exclusive powers in cer- 295. Court to consist of three and 297. Issues of law to be tried at general term. 298. Clerk may charge fees. 299. Deputy-clerk and special deputy-clerk. 300. Stenographer. 302. Sheriff, constables, etc., 303. Assesors to return jury 304. Drawing trial jurors. 306. Additional jurors may be § 292. In addition to the jurisdiction defined in sections two hundred and sixty-three, two hundred and sixty-four, and two hundred and sixty-five of this act, the jurisdiction of the superior court of Buffalo extends to the following actions and special proceedings: 1. To an action founded upon a contract, where the defendant, or, if there are two or more defendants, where either of hem, is a resident of that city, or occupies a tenement, for he transaction of his or their ordinary business, in that city; or where the summons is served upon either of them in that city; or where the contract was made in that city. 2. To an action for any other cause, where the defendant, or, if there are two or more defendants, where all the defendnts proceeded against, occupy a tenement in that city, for he transaction of their ordinary business. 3. To an action to recover damages against one or more comnon carriers, not being residents of the State, where the lefendant, or, if there are two or more defendants jointly iable, where one of them has property in that city. 4. To an action against a domestic corporation, which transcts its general business in that city, or has an office or gency in that city, for the transaction of business; or against foreign corporation, which has property in that city, or an gency therein. 1150, Con sol. Act. 1151, Consol. Act 2 Dem. 29. 5. Te an action or spem proceeding against the city of Bufac, or afficer thereof. $293. The court also posseses and exercises, within the eity of Bufio, in any matter which arises, or the subjec whereef is reated or situated with that city, jurisdiction. power and authority, ecacurrent and co-extensive with those conferred upon the supreme court, in a like case, by any statutory provision $294. The court also possesses exclusive jurisdiction and power as foLOWS: 1. Where an action, commenced in a justice's court in the city of Buffalo, has been disccatinged upon the delivery of an undertaking, because the title to real property came in ques tica. it possesses exiusive jurisdiction of an action for the same case, brought pursuant to the undertaking. 2. It has excisive power to remit a fine imposed or a recognizance estreated by it. $ 295. The court consists of three judges; one of whom must. from time to time, as a vacancy occurs, be appointed chief judge, as prescribed in the Constitution. § 296. At least four general terms and six trial terms of the court must be appointed to be held in each year. § 297. (Am'd 1879.] An issue of law in an action in the court must be tried at the general term. 298. The clerk of the court is entitled, in addition to his salary, for any service performed by him, to the fee allowed by law to a county clerk, for a similar service, performed in the supreme court, or the court of oyer and terminer. $299. Where the deputy-clerk of the court dies, resigns removes from the city, is removed from office, or becomes otherwise incapable of acting, the clerk must appoint a deruty-clerk in his place. The clerk, if the judges of the cour or a majority of them, deem it necessary for the proper trans action of its business, from time to time must appoint, an may at pleasure remove, in the manner prescribed by law for the appointment and removal of a deputy-clerk; a specia deputy-clerk, whose compensation must be paid by the clerk 300. [Am'd 1886.] The judges of the court, or a major ity of them, must appoint, and may at pleasure remove, a stenographer of the court and an assistant stenographer wh is entitled to a salary fixed and to be paid as prescribed by law. He or his assistant must attend each term of the cour where issues of fact in civil or criminal causes are triable, and shall report and transcribe opinions for the judges of sail court, or either of them, when required, without additions. compensation; and shall, within twenty days after notice by a party that he intends to appeal, move for a new trial, make a case or a bill of exceptions in any action or special proceeding in which a trial has been had in said court, fi with the clerk of said court a transcript of the minutes take by him on such trial. The stenographer making such transcrip shall be entitled, upor tre certificate of the judge holding th court at which the trial took place, to receive the sum of s cents for each one hundred words of such transcript, to b paid as follows: in a civil action or special proceeding by the treasurer the city of Buffalo. 2. In a criminal action or special proceed ing by the county treasurer of the county of Erie; provided, however, that no greater sum than one thousand dollars shall be paid out in any one year for the transcripts of the stenographic minutes to be made and filed pursuant to the provisions of this act. § 301. [Am'd 1888.] The judges, or a majority of them, from time to time, must appoint, and may at pleasure remove, a crier for the court, who is entitled to a salary fixed and to be paid as prescribed by law, and an officer for the court who shall perform such duties as the court shall prescribe. He shall receive an annual salary of one thousand dollars, which. shall be paid by the city of Buffalo as other city officers are paid. He shall take the oath of office prescribed by the Constitution, and shall possess all the powers of a patrolman of the city of Buffalo. The said officers shall receive no compensation except their respective salaries. § 302. The sheriff of the county of Erie, or his undersheriff, or a deputy-sheriff, designated by him, and as many policemen of the city of Buffalo, as the court directs, must at tend each term of the court. A policeman, in attendance upon a term of the court, may, under the direction of the judge presiding at or holding the term, notify talesmen or additional jurors, and execute a mandate of the court, issued in a case of contempt, with like effect and in like manner as if he was the sheriff. But a policeman is not entitled to any fees, or other compensation, except his salary, for a service performed by him, as prescribed in this section. § 303[Am'd 1880, 1887, 1892.] The chief judge, or in case of his inability from any cause to act, then one of the other judges, and the clerk of the court, together with the assessors of the city of Buffalo, must in the month of May in each year, meet at the assessor's office and make out, certify and file in the clerk's office, a list of not less than six hundred residents of that city, not exempt from jury duty, and qualified to serve as trial jurors in the court. The persons named in such list must be selected from those assessed on the last annual ward assessment-rolls of the city, and in making such selection they shall take the names of such only as are: 1. Male citizens of the United States and residents of the city. 2. Not less than twenty-one, nor more than sixty years of age. 3. At the time, assessed for personal property belonging to them in their own right to the amount of two hundred and fifty dollars, or who shall have a freehold estate in real property in the county of Erie belonging to them in their own right, or in the right of their wives, to the value of one hundred and fifty dollars. 4. In the possession of their natural faculties, and not infirm or decrepit. 5. Free from all legal exceptions, of fair character, of approved integrity, of sound judgment, well informed, and able to read and write the English language understandingly, and whose name does not appear on the list of jurors drawn for the circuit court for the county of Erie. Only such persons as shall possess the above qualifications, and who have not served twelve days the previous year as trial jurors in this court, shall be qualified to serve as trial jurors. The court at any term thereof, may make an order directing the assessors and clerk of the court to meet with one of the judges, and to make out, certify and file in the clerk's office, within a time specified in the order, a new list of jurors, or a list of any number of additional jurors; and it may puuish an omission to obey such order as a contempt. The list made out in pursuance of the provisions of this section shall contain the christian and surname at length of the persons named therein, their respective places of residence and their several occupations in so far as the same can be ascertained. But the same power is continued to summon talesmen as is now possessed by the supreme court. § 304. [Am'd 1887, 1893.] At least fourteen and not more than twenty days before the time appointed for holding a term of the court, where issues of fact in civil or crimiinal causes are triable, the clerk of the court, in the presence of a judge thereof and of the sheriff of the county, or in the absence of the sheriff, of his under sheriff, must draw from the list so returned by the assessors, the names of sixty persons or such other number as the court, at any term thereof, directs to serve as trial jurors. At least six days before the time appointed for the drawing, the clerk of the court must publish a no ice thereof in two daily newspapers published in the city of Bufalo, and such publica tion shall continue for six successive days before the drawing. He must also, at least three days before the time appointed for the drawing, cause notice thereof to be served upon the sheriff of the county of Erie whose duty it shall be to attend said drawing, or in case of his absence or inability to attend at the time of said drawing, the un ler sheriff shall atterd to witness the drawing of the jurors. The drawing must be conducted as prescribed by law for the drawing of trial jurors by a county clerk. A list of the names of the persons so drawn must be certified by the atten ing judge and the clerk, and delivered to the sheriff of Erie county, who shall thereupon 1.otify each of the persons named in said list, in the manner prescribed by law for notifying a juror to attend a term of the circuit court, and shall at the same time notify such person to attend before said judge. or one of the judges of the court, at the chambers thereof, at a time mentioned in said notice to be fixed by the judge present at the drawing of such trial jurors, and which shall be stated in the list delivered to the sheriff, not less than eight days before the time appointed for the holding of a term of said court, for the purpo e of answering concerning his qualifications as a juror. A person so notified must attend and answer accordingly. If he fails to attend as specified in the notice, for any cause except physical inability, or some other cause satisfactory to the judge, or if he refuses to be sworn, or to answer any leg l or pertinent question put to him by the judge, he shall be guilty of contempt and pun ished accordingly. At the time mentioned in said notice, the judge shall examine upon oath, all such persons as appear before him pursuant to such notice, for the purpose of ascertaining whether they possess the qualifications for jurors prescribed by law, and may, in his discretion, dir. ct the clerk to take the deposition of such person; and all sich depositions shall be filed by the clerk in his office. All applications to be excused from service as such juror, and all claims for exemption from servi e as such juror must be made by the person so notified to appear at this time. Persons not qualified to act as jurors pursuant to the provisions of this act, and persons claiming exemption for any cause and satisfying the judge of their right to such exemption, shall be excused from serving as jurors. From the number thus found to be qualified to serve as jurors, the judge and clerk shall make a list, and the names of said persons so qualified shall be placed upon separate suitable ballots which must be uniform as nearly as may be in appearance and s id ballots shall be placed in a suitable box to be furn shed by the clerk for such purpose, and the nam so thirty-six persons shall be drawn therefrom who shall serve as trial jurors, and the nam s of said jurors so drawn shali be certified by the judge and the clerk and filed with the clerk and shall constitute the trial jurors for that terra, an! the names of those persons not disqualified shall be returned to the box. Persons who appear before a judge for examinaton, pursuant to the provisions of this section, shall be entiled to the same fees as jurors summoned to attend a term of the circuit court. The judge holding a ter. may, in his discretion, excuse a trial juror from service for a limited time at that term, where the exigencies of his business or other cause require his temporary absence. The judge may also discharge for the term, one or more jurors notified and attending, whose further attendance is not required for the trial of issues at that term, or he may discharge until a day c rtain, one or more jurors notified and attending, whose attendance will not be required for the trial of issues until that day. Each juror so discharged until a certain day mus attend upon the opening of the court upon at day anther after until he is discharged, without further notice. If he fails to do so he is liable for the same punishment and the same proceedings must be taken as if he had failed to attend at the time fixed in the notice given to him. Except as above provided, a court or judge shall not excuse a person liable to serve as a trial juror, and duly drawn and notified, unless it be shown by the oth of the juror or by the oath of another person acquainted with the facts, that the cause for his excuse did not exist at the time he was required to appear before the judge at chambers. |