court, assigned to hold or preside at the same, may designate the term at which the stenographer for the district must attend, and may employ an additional stenographer to attend each other term. In that case, they must, by a certificate signed by them, fix a reasonable sum for the payment of his services and actual necessary expenses, to and from, and while attending the term. The sum so fixed must be paid by the treasurer of the county, upon the certificate, from the court fund, or the fund from which jurors are paid; and the number of days, during which that term was in session, shall not be taken into account, in making an apportionment of salary, as prescribed in section 259 of this act Repealed ch. 426, Laws 1890, to take effect January 1, 1891. § 262. Temporary stenographer.-If an official stenographer shall not be in attendance at a term of the circuit court, special term of the supreme court, or court of oyer and terminer, where issues of fact are triable, the justice presiding at the term may in his discretion employ a stenographer who shall be paid such compensation as the justice shall by his certificate fix, not to exceed ten dollars for each day's attendance, and ten cents for each mile for travel to and from his residence to the place where the term is held, together with a reasonable sum for his necessary expenses and stationery. The sum so fixed shall be a charge upon the county in which the term shall be held, and shall be paid by the county treasurer upon such certificate, from the court fund or the fund from which jurors are paid. If the official stenographer of the judicial district in which such term shall be held, shall have been duly assigned to attend such term, the justice shall cause an order of the court to be entered at such term, that the portion of the sum so paid by the county treasurer, which was allowed for the per diem compensation the services of the stenographer employed at such n, shall be deducted from the salary of the official ngrapher who shall have been so assigned to attend term, and the clerk of such county shall transmit e comptroller a certified copy of such order, and the ptroller shall deduct such amount from the salary ch official stenographer and pay the same to the rer of said county. ין 3. TITLE III. The superior city courts. ARTICLE 1. Provisions applicable to all the superior city courts. Provisions exclusively applicable to the court of common pleas for the city and county of New-York, and the superlor court of the city of New-York. 3. Provisions exclusively applicable to the superior court of Buffalo. 4. Provisions exclusively applicable to the city court of Brook lyn. ARTICLE FIRST. PROVISIONS APPLICABLE TO ALL THE SUPERIOR CITY COURTS. SEO. 263. General jurisdiction of the superior city courts. 264. Domestic corporations, etc., when deemed residents, etc. 265, Where there are two or more defendants. 266. Jurisdiction to be presumed; want of Jurisdiction matter of defence. 267. Jurisdiction, etc., to be co-extensive with that of supreme court. 268. Id.; in special proceedings out of court. 269. Actions, etc., may be removed into supreme court. 270. Where, and in what cases, order for removal to be granted. 271. Appeal from order of removal. 272. Order to stay proceedings to procure removal. 273. Removal to supreme court, when judges of city court cannot act. 274. Removal from supreme court to city court, by consent. 275. Duty of clerks when removal made. 276. Removal not to affect validity of former proceedings, etc. 277. When county judge may make order. 278. Power to send process to any county. 279. Proceedings commenced before one judge may be continued before another. 280. Appointment of terms, etc. 281. General terms, by whom held, etc. 282. Id.; special and trial terms. 283. New records, etc., in place of those mutilated or injured. 285. Special deputy-clerks. § 263. General jurisdiction of the superior city courts. The civil jurisdiction of each of the superior city courts extends to the following actions and special proceedings, in addition to the jurisdiction, power, and authority, conferred upon it, in a particular case, by special statutory provision: 14 J. & S. 358; Old Code, § 33. 1. To an action of ejectment; for the partition of real property; for dower; to foreclose a mortgage upon real property or upon a chattel real; to compel the determination of a claim to real property; for waste for a nuisance; or to procure a judgment directing a conveyance of real property; and to every other action to recover, or to procure a judgment, establishing, determining, defining, forfeiting, annulling, or otherwise affecting, an estate, right, title, lien, or other interest, in real property or a chattel real. But jurisdiction attaches under this subdivision, only where the real property, to which the action relates, is situated within the city where the court is located. 2. To an action for any other cause, where the cause of action arose within that city; or where the defendant is a resident of that city; or where the summons is personally served upon the defendant therein; or where the action is brought to recover a penalty, or for any other cause of action given by the charter, a by-law, or an ordinance of that city. 3. To an action to recover damages for an injury to real property, or a chattel real; or for the breach of a contract, express or implied, relating to real property or a chattel real; where the real property is situated within that city, or where defendant is a resident of that city, or where the de summons is personally served upon the defendant therein. 4. To an action to recover a chattel; to foreclose or enforce a lien upon personal property; or to recover damages for an injury to personal property; where the property, to which the action relates, is situated within that city, at the time when the action is commenced. If the property consists of one or more shares in the capital stock of a domestic corporation or joint-stock Association, whose principal place of business is located or established within that city, or of a debt due from, or money, or a thing in action, in the possession or under the control of, such a corporation or joint-stock Essociation, it is deemed to be situated within that city, within the meaning of this subdivision. 5. To a judgment creditor's action; where the judg ont, upon which the action is founded, was recovered the same court. 14 J. & S. 377. To an action for any cause, brought by a resident e city wherein the court is located, against a naturson, who is not a resident of the State. an action brought by a resident of that city foreign corporation, either (1) to recover dam ages for the breach of a contract, express or implied, or a sum payable by the terms of a contract, express or implied, where the contract was made, executed, or delivered within the State, or where the cause of action arose within the State; or (2) where a warrant of attachment, granted in the action, has been actually levied, within that city, upon property of the corpora tion; or (3) where the summons is served by delivery of a copy thereof, within that city, to an officer of the corporation, as prescribed by law. 8. To the custody of the person and the care of the property, concurrently with the supreme court, of a person residing in that city, or residing without the State and sojourning in that city, who is incompetent to manage his affairs by reason of lunacy, idiocy, or habitual drunkenness; and to any special proceeding, which the supreme court has jurisdiction to entertain, for the appointment of a committee of the person or of the property of such an incompetent person, or for the sale or other disposition of the real property, situated within that city, of a person, wherever resident, who is so incompetent, or who is an infant; or for the sale or other disposition of the property, or the voluntary dissolution of a domestic corporation, whose principal place of business is located or established within that city; or for the sale or other disposition of the real property, situated within that city, of a domestic corporation, wherever it is located. 9. To any other special proceeding, which the supreme court has jurisdiction to entertain, where the person, against whom it is brought, is a resident of that city, or the mandate, by which the special proceeding is commenced, is personally served upon him within that city, or all the acts or omissions, upon which it is founded, were done or committed within that city, or the subject thereof is situated within that city; or where the special proceeding is brought for such a purpose, or under such circumstances, that the superior city court would have jurisdiction of an action for the like purpose, or under the like circumstances, by the terms of subdivision first of this section. Substitute for L. 1873, ch. 239, 1. Landers . Staten Island R. R. Co., 63 N. Y. 450; Hoag v. Lamont, 60 id. 96; Porter v. Lord, 4 Duer, 682; . C., 13 How. 254; Bates v. Reynolds, 7 Bosw. 685; People v. Green, 58 N. Y. 295; Brauneck v. Knickerbocker Life Ins. Co., 1 Abb. New Cases, 393, 264. Domestic corporations, etc., when deemed residents, etc.- For the purpose of determining the jurisdiction of a superior city court, in a case specified in the last section, a domestic corporation or joint-stock association, whose principal place of business is estab lished, by or pursuant to a statute, or by its articles of association, or is actually located, within the city wherein the court is located, is deemed a resident of that city; and personal service of a summons, made within that city, as prescribed in this act, or personal service of a mandate, whereby a special proceeding is commenced, made within that city, as prescribed in this act for personal service of a summons, is sufficient service thereof upon a domestic corporation, wherever it is located. 14 J. & S. 377. New. $265. Where there are two or more defendants. Where an action or a special proceeding is brought against two or more parties, and the jurisdiction of a superior city court depends upon the residence of a party, within the city wherein the court is located; or personal service upon him, within that city, of the summons or the mandate for the commencement of the special proceeding; or the levying of a warrant of attachment within that city; and jurisdiction is thus acquired as against one or more, but not as against all of them, the jurisdiction, with respect to the others, is governed by the following rules: 1. Where the action or special proceeding is founded upon a contract, upon which two or more persons are jointly liable, and the court has or acquires jurisdiction thereof, as against one of them, it has jurisdiction thereof as against all the persons so jointly liable. But this subdivision does not extend to a case, where the ability is several, as well as joint. 2. Where an action or a special proceeding brought ainst a public officer, together with one or more pri. te persons, is founded upon an official act or omis sion or where an action or a special proceeding brought against a corporation, together with one or more natu. ral persons, is founded upon an act or omission of the corporation; and the court has or acquires jurisdiction thereof, as against the public officer or the corporation |