§ 337. [Am'd 1877.] A justice of the court may, by an ? 1233, Connstrument under his hand, suspend a stenographer, or an sol. Act. officer specified in the last section, for a period not exceeding en days from the filing thereof. Such an instrument must express the cause of the suspension; it must be filed in the Office of the clerk of the city and county of New York; and t may be revoked, at any time before the expiration of the period of suspension, by an instrument filed in like manner, under the hand of the justice who executed the first instrunent, or the hands of a majority of the justices of the court. Where such an instrument has been revoked, the officer shall not be again suspended for the same cause. § 338. A mandate of the court can be executed only within the city of New York, except as follows: 1. An execution upon a judgment rendered therein, for a sum exceeding twenty-five dollars, may be issued out of the court, tested in the name of the chief-justice thereof, to the sheriff of any county, wherein the judgment has been duly docketed. 2. A subpoena may be served within either of the counties of Richmond, Kings, Queens, or Westchester. 3. A warrant to apprehend a witness for a failure to obey a subpoena, may be executed by the sheriff of the city and county of New York, or a marshal of that city, within either of those counties. 4. An order duly made, in an action pending in the court, requiring the performance of an act by a party thereto, or by an officer, may be served upon a person bound to obey the order, and his obedience thereto may be required in any part of the State. 5. An order to show cause, why a person should not be punshed for a contempt of the court, may be served by any person in any part of the State. 6. A warrant to apprehend, and bring before the court, a person charged with such a contempt, may be executed by the sheriff of the city and county of New York, or a marshal of that city, in any part of the State. 1233, Con sol. Act. 4 Civ. Pro. 327. § 339. In an action brought in the court, an order of arrest, a warrant of attachment, an execution, or a requisition sol. Act. ? 1234, Conto replevy a chattel, must be directed to and executed by the sheriff. Any other mandate, which must have been directed to and executed by the sheriff of the city and county of New York, if it issued out of the supreme court, may, where it issues out of the marine court, be directed to and executed either by that sheriff, or a marshal of that city, named therein. A marshal is entitled to the same fees as the sheriff, upon a mandate directed to him, or upon the service of a summons; and each provision of law, relating to the execution of a mandate by the sheriff, and the power and control of the court over the sheriff executing the same, applies to the marshal. The return of a marshal to such a mandate, or his certificate of the execution thereof, or of the service of any paper served by him, has the same force and effect as the like return and certificate of a sheriff. ་ 30 Hun, 230. 111 N. Y. 544. 122 N. Y. 84. 34 Hun, 602. § 340. [Am'd 1877.] The jurisdiction of each county court extends to the following actions and special proceedings, in addition to the jurisdiction. power, and authority, conferred upon a county court, in a particular case, by special statutory provision: 1. To an action for the partition of real property; for dower; for the foreclosure, redemption, or satisfaction of a mortgage upon real property; or to procure a judgment requiring the specific performance of a contract, relating to real property where the real property, to which the action relates, is situated within the county; or to foreclose a lien upon a chattel, in a case specified in section seventeen hundred and thirty-seven of this act, where the lien does not exceed one thousand dol lars in amount, and the chattel is found within the county. 2. To an action in favor of the executor, administrator or assignee of a judgment creditor, or, in a proper case, in favor of the judgment creditor to recover a judgment for money remaining due upon a judgment rendered in the same court. ! 3. To an action for any other cause, where the defendant is or, if there are two or more defendants, where all of them are at the time of the commencement of the action, residents of the county, and wherein the complaint demands judgment for a sum of money only, not exceeding one thousand dollars; of to recover one or more chattels, the aggregate value of which does not exceed one thousand dollars, with or without dam ages for the taking or detention thereof. 4. To the custody of the person and the care of the property concurrently with the supreme court, of a resident of the County, who is incompetent to manage his affairs, by reaso of lunacy, idiocy, or habitual drunkeness; and to every spe cial proceeding, which the supreme court has jurisdiction to entertain, for the appointment of a committee of the pers or of the property, of such an incompetent person, or for the sale or other disposition of the real property, situated withi the county, of a person, wherever resident, who is so incompe tent for either of the causes aforesaid, or who is an infant of for the sale or other disposition of the real property, situated within the county, of a domestic religious corporation. 341. For the purpose of determining the jurisdiction a county court, in either of the cases specified in the last s tion, a domestic corporation or joint-stock association, whose principal place of business is established, by or pursuant to a statute, or by its articles of association, or is actually located within the county, is deemed a resident of the county, and personal service of a summons, made within the county, as prescribed in this act, or personal service of a mandate, whereby a special proceeding is commenced, made within he county, as prescribed in this act for personal service of summons, is sufficient service thereof upon a domestic corporation, wherever it is located. § 342. [Am'd 1877.] If the county judge is, for any cause, ncapable to act in an action or special proceeding, pending n the county court, or before him, he must make, and file in the office of the clerk, a certificate of the fact; and thereupon the special county judge, if any, and if not disqualified, must act is county judge in that action or special proceeding. Upon he filing of the certificate, where there is no special county judge, or the special county judge is disqualified, the action or special proceeding is removed to the supreme court, if it is hen pending in the county court; if it is pending before the county judge, it may be continued before any justice of the supreme court within the same judicial district. The supreme court, upon the application of either party, made upon notice, and upon proof that the county judge is incapable to act in an action or special proceeding pending in the county court, may, and if the special county judge is also incapable to act, must, nake an order removing it to the supreme court. Thereupon he subsequent proceedings in the supreme court must be the same as if it had originally been brought in that court, except that an objection to the jurisdiction may be taken, which might have been taken in the county court. § 343. The supreme court may, by an order, made at any ime after joinder of an issue of fact, and before the trial hereof, remove to itself an action, brought in a county court, under subdivision second or subdivision third of the last section but two, for the purpose of changing the place of trial hereof. Where an order for removal is made, as prescribed n this section, the place of trial of the action must be changed by the same order to another county; and the subsequent proceedings therein must be the same, as if the action had been originally brought in the supreme court. § 344. An order of removal, made as prescribed in either of the last two sections, takes effect upon the entry thereof in he office of the county clerk. Where the order directs that the action be tried in another county, the clerk with whom it s entered, must forthwith deliver to the clerk of that county, all papers filed therein, and certified copies of all minutes and entries relating thereto; which must be filed, entered, or recorded, as the case requires, in the office of the last menioned clerk. The provisions of section two hundred and seventy-one of this act apply to an appeal taken from such an order. § 345. An order to stay proceedings, for the purpose of affording an opportunity to make the application for removal, may be made by the county judge, or by a judge authorized o make such an order in the supreme court and with like effect and under like circumstances. § 346. The removal of an action ling, must be drawn and notified in the same manner as for a term of the circuit court. § 358. [Am'd 1883.] The board of supervisors of any county, except Kings, Livingston, Monroe, Cortland, Oswego, Westchester and Onondaga, may, in their discretion, provide for the employment of a stenographer for the county court and court of sessions thereof, and when said board of supervisors shall so provide, the stenographer shall be appointed by the presiding judge of said courts, and said board of supervisors must fix his compensation, and provide for the pay ment thereof, in the same manner as other county expenses are paid. § 359. [Am'd 1877.] The county judge of the county of Kings, from time to time, must appoint, and may at pleasure remove, a stenographer, to be attached to the county court and the court of sessions of the county of Kings; who is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each trial of an issue of fact in the county court or court of sessions. The stenographer, appointed as prescribed in this section, may, with the consent of the county judge, appoint an assistant stenographer, to aid him in the discharge of his duties, whose compensation shall be paid by the stenographer, and is not a county charge. § 360. [Am'd 1877.] The county judge and the surrogate of the county of Kings, from time to time, must appoint, and may at pleasure remove, an interpreter, to be attached to the county court, the court of sessions, and the surrogate's cour of the county of Kings. Before entering upon the discharge of his duties, he must file in the county clerk's office the Co stitutional oath of office, and an additional oath, which may be incorporated into the Constitutional oath, to the effect that he will fully and correctly interpret and translate each ques tion propounded to a witness, and each answer thereto. § 361. [Am'd 1878, 1883, 1886, 1888, 1890.] The judge hold ing or presiding at a term of the county court or court c sessions in either of the counties of Livingston, Niagara, Mor roe, Onondaga, Oswego, or Cortland where issues of fact are triable, may employ a stenographer to take stenographi notes upon trials thereat, who is entitled to a compensation t be certified by the judge, not exceeding ten dollars for eac day's attendance, at the request of the judge. The stenogra phers's compensation is a charge upon the county, and in th counties of Livingston and Onondaga must be audited, allowe and paid as other county charges; and in the counties of Mor roe, Niagara, Oswego and Cortland must be paid by the county treasurer, on an order of the court, granted on the a fidavit of the stenographer and the certificate of the judg that the services were rendered. The judge of the count court and court of sessions of Erie county may appoint ac may at pleasure remove a stenographer of said courts, wb must attend each term of the said courts where issues of fa in civil or criminal cases are triable, and shall receive there for a salary of fifteen hundred dollars per annum, togethe with his necessary expenses for stationery, to be paid by the ! treasurer of said county of Erie, in equal monthly insta ments, on the certificate of the judge of said courts that th services have been actually performed or the expenses neces sarily incurred. Said stenographer shall also report abe transcribe opinions for the judge of said courts, as well as special proceedings where a stenographer is required, without additional compensation. CHAPTER IV. LIMITATION OF THE TIME OF ENFORCING A CIVIL TITLE REMEDY. I.-ACTIONS FOR THE RECOVERY OF REAL PROPERTY. TITLE II.-ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY. TITLE III-GENERAL PROVISIONS. TITLE I. Actions for the recovery of real property. ? 362. When the people will not sue. 363. Action by grantee from the State. 364. Action after annulling letters patent. 365, 366. Seizin within twenty years, when necessary, etc. 367. Action after entry. 369. Adverse possession under written instrument or 2370. Id.; what constitutes it. 374. Right not affected by de- 375. Certain disabilities exclu- § 362. The people of the state will not sue a person for or with respect to real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless either: 1. The cause of action accrued within forty years before the action is commenced; or, 2. The people, or those from whom they claim, have received the rents and profits of the real property, or of some part thereof, within the same period of time. § 363. An action shall not be brought for or with respect to real property, by a person claiming by virtue of letters patent or a grant, from the people of the State, unless it might have been maintained by the people, as prescribed in this title, if the patent or grant had not been issued or made. § 364. Where letters patent or a grant of real property, issued or made by the people of the State, are declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion or concealment, or of a forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title; an action of ejectment, to recover the premises in question, may be commenced, either by the people, or by a subsequent patentee or grantee of the same premises, his heirs, or assigns, within twenty years after the determination is made; but not after that period. § 365. An action to recover real property, or the possession thereof, cannot be maintained by a party, other than the 27 Hun, 162. people, unless the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question, within twenty years before the commencement of the action. § 366. A defence or counterclaim, founded upon the title to real property, or to rents or services out of the |