and all other powers and jurisdiction conferred by statute, which has not been repealed, on the late court of common pleas of the county, or on the county court, since the late courts of common pleas were abolished, except in the trial and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. when held. Amended § 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 1849, 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. be publish Notice of such appointment shall be published in the state Notice to 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. drawn and § 32. [Sec. 37.] Jurors for the county courts and courts Jurors how of sessions shall be drawn from the jury box of the county, summoned. and summoned in the same manner as for the trial of is- Amended sues at a circuit court. 1849. TITLE V. Of the Superior Court and Court of Common Pleas, in the city of New-York, and the Mayors' and Recorders' Courts in other cities. 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 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. 43. How classified. 44. Expiration of terms and vacancies how filled. 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 Their juris Amended. 1849. diction. § 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 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. Carpenter 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. 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. pleas in in New 34. [Sec. 40.] The court of common pleas for the city view judg and county of New-York shall also have power to review York to re-.. ments of justices' marine and the judgments of the marine court of the city of New-York, and of the justices' courts in that city. courts. Amended 1849. Terms of court and pleas in New-York § 35. [Sec. 41.] The superior court of the city of Newsuperior York, and the court of common pleas, for the city and councommon ity of New-York, shall within twenty days, appoint general 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. By whom held. when giv en. §36. [Sec. 42.] A general term shall be held by at least two of the judges of those courts respectively, and a special term by a single judge. Judgments $37. [Sec. 43.] Judgments upon appeal shall be given at the general term; all others, at the special term. Concur- § 38. [Sec. 44.] The concurrence of two judges shall be two judges necessary to pronounce a judgment at the general term. necessary. If two do not concur, the appeal shall be re-heard. rence of Criers, how appointed. Passed § 39. A crier shall be appointed by the superior court of the city of New-York, and by the court of common pleas 1849. for the city and county of New-York respectively, to hold 'his office during the pleasure of the court. He shall reSalaried ceive a salary to be fixed by the supervisors of the city and county of New-York, and paid out of the county treasury. how fixed. Superior § 40. The superior court of the city of New-York shall court, of whom to from the first day of May, one thousand eight hundred and consist. Passed 1849. forty-nine, consist of six justices. § 41. Three justices of such superior court, in addition tices of su- to the justices now holding office, shall be elected by the Three jus perior elected. 1849. for. Passed at 1849. electors of the city and county of New-York, at the annual court to be 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 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. sified. Passed § 43. The justices so elected shall, immediately after How clas the votes are canvassed, be classified by lot, to be publicly drawn by the register and clerk of the city and county of 1849. 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. of terms cies how § 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. 1849. |