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Places of holding courts.

16:19, 1851.

§ 23. [Sec. 24.] The governor may also appoint extraorral and spe- dinary general and special terms, circuit courts, and courts and oyer of oyer and terminer whenever, in his judgment, the pubappointed. lic good shall require it.

§ 24. [Sec. 25.] The places appointed within the several

counties, for holding the general and special terms, circuit Amended, courts and courts of oyer and terminer, shall be those designated

by statute for holding county or circuit courts. If a room for holding the court in such place shall not be provided by the super visors, it may be held in any room provided for that purpose, by the sheriff, as prescribed by section twenty-eight.

General and special terms of the supreme or county courts and circuit courts and courts of oyer and terminer, may be adjourned to be held on any future day, by an entry to be made in the minutes of the court ; and juries may be drawn and summoned for an adjourned circuit or county court, or an adjourned court of oyer and terminer, and causes may be noticed for trial at an adjourned circuit or county court, in the same manner as if such courts were held by original appointment.

§ 25. [Sec. 26.] Every appointment so made, shall be memppoin'- immediately transmitted to the secretary of state,who shall

cause it to be published in the newspaper, printed at Alba

in which legal notices are required to be inserted at least once in each week, for three weeks before the holding of any court in pursuance thereof. The expense of the publication shall be paid out of the treasury of the state.

$26. [Sec. 28.) In case of the inability, for any cause, of

a judge assigned for that purpose, to hold a special term or the courts. circuit court, or sit at a general term, or preside at a court

of oyer and terminer, any other judge may do so.

$ 27. [Sec. 30.] The judges shall at all reasonable time, business when not engaged in holding court, transact such other

business as may be done out of court. Every proceeding Amended commenced before one of the judges, in the first judicial




When judges not assigned

may hold

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fuel, &c.

district, may be continued before another, with the same effect as if commenced before him.

§ 28. [Sec. 31.) The supervisors of the several counties Rooms, shall provide the courts appointed to be held therein with how furroom, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of their business. If the supervisors neglect, the court may order the sheriff to do so; and the expense incurred by him in carrying the order into effect, when certified by the court, shall be a county charge.

Section fifty-one applies this section to the superior court of the city of New-York.

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Of the County Courts.
Section 29. Repeal of existing statutes defining their jurisdiction.

30. Their jurisdiction.
31. General terms, when held. Notice to be published.

32. Jurors, how drawn and summoned. § 29. [Sec. 32.] All statutes now in force, conferring or Repeal of defining the jurisdiction of the county courts, so far as they aining their conflict with this act, are repealed; and those courts shall tion. have no other jurisdiction than that provided in the next section. But the repeal contained in this section shall not affect any proceedings now pending in those courts.

§ 30. [Sec. 33.] The county court has jurisdiction in the Their jurðsfollowing 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 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.

Amended 1849, 1851.

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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 justices 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 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, 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,

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when held.

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 the county court of the counties of Kings, Albany, Monroe and Erie.

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 to an appeal to the supreme court.

§ 31. [Sec. 34.] The county court is always open for the Terms transaction of any business for which no notice is required to be given to an opposing party. At least two terms in each county 1848, 1851. 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 Notice 10 paper at least four weeks before any such term, and also in a ed. 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. [Sec. 37.] Jurors for the county courts and courts Jurors how of sessions shall be drawn from the jury box of the county, and summoned in the same manner as for the trial of is- Amended sues at a circuit court.


be publish

drawn and summoned.


Of the Superior Court and Court of Common Pleas, in

the city of New York, and the Mayors' and Recor-
ders' Courts in other cities.

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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. 36. 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. 42. How voted for. 43. How classified. 44. Expiration of terms and vacancies how filled. 45. Powers of Judges and their salaries. 46. Terms of Superior Court and by whom held. 47. Certain civil suits may be transferred from the Supreme to

the Superior Court.
48. Jurisdiction of Superior court in such cases.
49. Judges to hear for two years, suits transferred from Supreme

50. Appeal to the Court of Appeals.

51. Section 28 applied to Superior Court. Their jurisdiction. $ 33. [Sec. 39.] 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 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

Amendede 1849.

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