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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 of 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.

The jurisdiction of this court extends to all the actions enumerated in sec. 123, (sec. 103,) when the cause of action shall have arisen, or the subject of the action shall be situated within the city of New-York. And to all other actions, where all the defendants shall reside, or be personally served with the summons, within this city. Cashmere vs. Crowell and De Wolf, 1 Sand. 715; S. C. 1 Code Rep. 95; Case vs. Ohio Ins. Co., 2 Code Rep. 82..

And the court will not sanction any attempt by fraud or misrepresentation, to bring a party within its jurisdiction. And where a party has thus been served with the process, such service was on motion set aside. Carpen.' ter vs. Spooner, 2 Sand, 717; S. C. 2 Code Rep. 140; Fisher and others vs. Curtis, 2 Sand. 660; S. C. 2 Code Rep. 62. [NOTES.)


pleas in

in NewYork to re

ments of

courts. Amended

Terms of


By whom held.

A plaintiff residing out of the city of New-York, though within this state must give security for costs. Gardner vs. Kelly, 2 Sand. 632.

This court as now constituted, is co-ordinate with the supreme court.

The decisions of the latter though not authoritative, are to be treated with Common "great deference and respect. Ford vs. Babcock, 2 Sand. 518.

$ 34. [Sec. 40.) The court of common pleas for the city view judg-and county of New York shall also have power to review marine and the judgments of the marine court of the city of New-York,

and of the justices' courts in that city. 1849. § 35. [Sec. 41.] The superior court of the city of Newsuperior. York, and the court of common pleas, for the city and councommon ty of New York, shall within twenty days, appoint general New-York

and special terms of those courts respectively, and prescribe the duration thereof; and they may, from time to time, respectively, alter such appointments; and hereafter no fees shall be paid for any service of a judge of either of those courts.

§ 36. [Sec. 42.] A general term shall be held by at least two of the judges of those courts respectively, and a spe

cial term by a single judge. Judgments 37. [Sec. 43.] Judgments upon appeal shall be given when give

at the general term; all others, at the special term.

§ 38. [Sec. 44.] The concurrence of two judges shall be two judges necessary to pronounce a judgment at the general term.

If two do not concur, the appeai shall be re-heard. Criers, how $ 39. A crier shall be appointed by the superior court

of the city of New York, and by the court of common pleas for the city and county of New-York respectively, to hold

his office during the pleasure of the court. He shall reSobariced. 'ceive a salary to be fixed by the supervisors of the city

and county of New-York, and paid out of the county

treasury. Superior § 40. The superior court of the city of New-York shall whom to from the first day of May, one thousand eight hundred and

forty-nine, consist of six justices.

§ 41. Three justices of such superior court, in addition tices of su- to the justices now hulding office, shall be elected by the


Concurrence of



Passed 1849.


court, of

consist. Passed 1849.

Three jus





electors of the city and county of New York, at the annual court to bo charter election to be held in that city on the second Tues- Passed day of April, one thousand eight hundred and forty-nine.

$42. Such justices shall be voted for together on one How voted ballot, which shall be distinct from any other ballot at Passed the same election, and deposited in a separate box, marked “superior court." The votes shall be canvassed and certified in the same manner as the votes for the recorder of the city of New York, and a certificate thereof shall be filed with the secretary of state.

§ 43. The justices so elected shall, immediately after How clas. the votes are canyassed, be classified by lot, to be publicly drawn by the register and clerk of the city and county of 1349. New-York, in the presence of the mayor or recorder of the city of New-York, and the certificate of such drawing and classification shall be signed by such register and clerk and by the attending mayor or recorder, and filed in the offices of the register and clerk. The classes shall be numbered first, second, and third, according to the term of service of each; the first class being that which has the shortest time to serve. The term of offices of each of such justices shall commence on the first day of May one thousand eight hundred and forty-nine, and the term of the justice of the first class shall expire on the thirty-first day of December, one thousand eight hundred and fifty-one; of the justice of the second class, on the thirty-first day of December, one thousand eight hundred and fifty-three; and of the justice of the third class, on the thirty-first day of December, one thousand eight hundred and fifty-five.

44. After the expiration of the terms of office under Expiration such classification, the term of office of all the justices of and vacanthe superior court of the city of New-York shall be six filled. years; and any vacancy occurring in the offices created Passed by this title, shall be filled in the manner prescribed for filling vacancies in the office of the present justices.

of terms

cies how


Powers of judges and

Passed 1849.

Terms of superior

by whom held.

Passed 1849.

Certain ci. vil-suits

may be

transfered from supreme


Passed 1849.

§ 45. The justices elected pursuant to this title, subject their sala- to the provisions contained in section forty-nine, shall have

the same powers, and perform the same duties, in all respects, as the present justices of such superior court, and shall receive the same salaries payable in like manner.

$46. A general term of the superior court may be held by court, and any two of the six justices thereof, and a special term by

any one of them; and general and special terms, one or more of them, may be held at the same time.

$ 47. All civil suits at issue at the time of the passage of this act, that from and after the first of May, 1849, shall

be placed upon the calendar of the supreme court at any court to the general or special term thereof, to be held in the city of superior

New-York, and which shall be in readiness for hearing on questions of law only, or are equity cases, may by an order of that court or of the judge holding such special term be transferred to said superior court of the city of NewYork, and to be heard at the general term thereof, hereinafter provided for.

This section amended by striking off the three last words. Session Laws, 1851, page 8, chapter 2.

§ 48. The said superior court shall have jurisdiction of every suit so transferred to it, and may exercise the same powers in respect to every such suit, and any proceedings therein, as the supreme court might have exercised, if the suit had remained in that court.

§ 49. It shall be the special duty of the three justices to two years be elected under the provisions of this title and of their ferred from successors, to devote their time and labors, for the term of

two years, from the first of May one thousand eight hundred and forty-nine, to the hearing and determination of the suits transferred from the supreme court and for that purpose they, or any two of them, shall hold a general term of the said superior court, of at least two weeks in duration, in each month of the year, except the month of August.

Jurisdiction of superior court in such cases.

Passed 1849.

Judges to

suits trans

supreme court.

Paesed 1849.

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Section forty-nine has been repealed. Session Laws, 1851, page 8, chap. ter 2.


$ 50. Appeals from the judgments of the superior court Appeal to

court of apin such suits, may be taken to the court of appeals, in the peals. · same manner as from the judgments of the superior court Passed in actions originally commenced therein. § 51. The provisions of section twenty-eight of this act, Section 23

to shall apply to the said superior court.

superior Sections forty to fifty-one inclusive, originally passed March 24, 1849. Passed Session Laws, 1849, page 168, chapter 124.



Of the Courts of Justices of the Peace.

Section 52. Repeal of certain existing provisions.

53. Jurisdiction of these courts.
54. Jurisdiction in civil actions limited.
55. Answer of title to land.
56. Undertaking therein.
57. Suit before justice to be discontinued. Costs.
58. Proceedings if undertaking not given.
59. The same.
60. New action in supreme court; pleadings therein.
61. Costs of action in supreme court.
62. Proceedings where several causes of action, and answer of title

as to one.
63.* Docketing justices' judgments, and effect thereof.

64. Rules in justices' courts.
RULE 1. The pleadings.

2. Pleadings, how put in.
3. Complaint.
4. Answer.
5. Pleadings, what to contain.
6. Demurrer.
7. Proceedings in demurrer.
8. Plaintiff to prove his case, if defendant do not appear.
9. Proceedings in action on account or instrument for the pay.

ment of money only.
10. Variance, when disregarded.
11. Amending pleadings.
12. Execution, when issuable and returnable.
13. Execution on justice's judgment docketed.
14. Requiring party to exhibit his account.
15. Certain provisions applicable to these courts.

$ 52. [Sec. 45.] The provisions contained in sections two, Repeal of three and four, of the article of the Revised Statutes, entitled isting pro“Of the jurisdiction of justices' courts," as amended by sections one and two of the act concerning justices' courts, 1949, passed May 14, 1840, and the provisions contained in sec

certain ex


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