5. To a judgment creditor's action; where the judgment upon which the action is founded was recovered in the same court.

6. To an action for any cause brought by a resident of the city wherein the court is located, against a natural person, who is not a resident of the State.

7. To an action brought by a resident of that city against a foreign corporation, either (one) to recover damages 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 (two) where a warrant of attachment, granted in the action, has been actually levied within that city, upon property of the corporation; or (three) 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 propery 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 jurisdic tion 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 proceed. ing 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.

264. For the purpose of determining the jurisdiction of a superior city court, in a case specified in the last section, a domestic corporation or jointstock 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 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 pro ceeding 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.

265. Where an action or a special proceeding is brought against two or more parties, and the jurisdiction of a superior clty 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 liability is several, as well as joint.

2. Where an action or a special proceeding brought against a public officer, together with one or more private persons, is founded upon an official act or omission; or where an action or a special proceeding brought against a corporation, together with one or more natural 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; it has jurisdiction thereof as against all persons, who are necessary parties to the complete determination of the controversy.

3. Where it is not necessary to the complete determination of the controversy, that all the parties thereto should be subjected to the jurisdiction of the court, the action or special proceeding may be discontinued or dismissed, as to the parties over whom the court has not jurisdiction, and proceed as to the others, as if they were the only parties against whom it was brought.

§ 266. The jurisdiction of a superior city court, in an action or a special proceeding brought therein, must always be presumed. It is not necessary to set forth in a complaint in such an action, or in the petition or other statement of the case in such a special proceeding, any of the jurisdictional facts specified in section two hundred and sixty-three of this act; and where the defendant in the action, or the person against whom the special proceeding is instituted, appears, the want of jurisdiction, by reason of the non-existence of any of those facts, is a matter of defence, and is waived by the appearance, unless it is pleaded in defence.

§ 267. Where a superior city court has jurisdiction of an action or special proceeding, it possesses the same jurisdiction, authority, and power, in and over the same, and in the course of the proceedings therein, which the supreme court possesses in a like case; and it may render any judgment, or grant either party any relief, which the supreme court might render or grant in a like case, and may enforce its mandates in like manner as the supreme court. And each judge of the superior city court possesses the same power and authority, in the action or special proceeding, which a justice of the supreme court possesses, in a like action or special proceeding, brought in the supreme court.

268. Each judge of a superior city court also possesses the same power and authority, in a special proceeding, which can be lawfully instituted before him, out of court, which a justice of the supreme court possesses in a like special proceeding, instituted before him in like manner.

269. The supreme court may, by an order, made at any time after joinder of an issue of fact, and before the trial thereof, remove to itself an action or a special proceeding pending in a superior city court, for the purpose of changing the place of trial or hearing thereof. Where an order for a removal is made, as prescribed in this section, the place of trial or hearing must be changed by the same order to another county. A certified copy of the order must be filed in the office of the clerk of the court, in which the action or special proceeding was commenced. Thereupon it is removed into the supreme court; and the subsequent proceedings therein

must be the same, as if it had been originally brought in the supreme

court.

§ 270. An order for the removal of an action or special proceeding, as prescribed in the last section, can be made only upon notice, and by a special term of the supreme court, where the motion might be made, if the action or special proceeding was pending in the supreme court, and brought in the county where the superior city court is located; and in a case, where an order, changing in like manner the place of trial or hearing, would be granted, if the action or special proceeding was pending in the supreme

court.

§ 271. An appeal from an order, made upon such a motion, must be taken and heard in like manner, as if the action or special proceeding was pending in the supreme court, and triable in the county from which the place of trial is changed. Such an appeal brings up to the general term, and thence to the court of appeals, if the order is appealable to that court, all questions which were before the special term, and the appellate tribunal must dispose of the same, as if they were originally presented to it.

§ 272. An order to stay proceedings, for the purpose of affording an opportunity to make such an application for removal, may be made by a judge, authorized to make an order to stay proceedings, either in the court where the action or special pr ceeding is pending, or in the supreme court, and with like effect, and under like circumstances.

273. If all the judges of a superior city court are, for any reason, incapable of sitting upon the trial of an action, or the hearing of a special proceeding pending therein, or if all, or all but one, of the judges of a superior city court are incapable of sitting upon the hearing of an appeal therein, the judges of the court, or a majority of them, must make and file in the office of the clerk of the court a certificate of the fact. Thereupon the action or special proceeding is removed to the supreme court; and the subsequent proceedings therein must be the same as if it had been originally brought in the supreme court.

274. The supreme court, where the parties manifest in writing their consent, must make an order directing that an action or special proceeding, pending in that court and triable in a county where a superior city court is located, be removed to the superior city court, or, in the city of New York, to either of those courts therein, as specified in the consent. A certified copy of the order must be filed in the office of the clerk of the court to which the action or special proceeding is ordered to be removed. Thereupon it is removed accordingly; and all subsequent proceedings therein must be the same as if it had been originally brought in the superior city

court.

§ 275. Where an action or special proceeding is removed from one court to another, as prescribed in this article, the clerk of the court from which it is removed must forthwith deliver to the clerk of the court to which it is removed 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 mentioned clerk. If the action or special proceeding is removed to the supreme court, and the place of trial or hearing changed, the delivery must be made to the clerk of the county in which the order of removal directs the trial or hearing to be had.

$276. The removal of an action or special proceeding, as prescribed in this article, does not invalidate or in any manner impair, a process, provis

ional remedy, or other proceeding, or a bond, undertaking, or recognizance, in the action or special proceeding so removed; each of which continues to have the same validity and effect as if the removal had not been made. Where bail has been given, the surrender of the defendant in the court to which the action or special proceeding was removed, has the same effect as a surrender in the court from which it was removed would have had if the action or special proceeding had remained therein.

$277. In an action or special proceeding brought in a superior city court, an order may be made without notice, or an order to stay proceedings may be made upon notice, by the county judge of the county where the court is situated, or of the county where the attorney for the applicant resides, in a case where a judge of the superior city court might make the same out of court, and with like effect.

$278. A superior city court has power, in an action or special proceeding of which it has jurisdiction, to send its process and other mandates into any county of the State, for service or execution, and to enforce obedience thereto, with like power and authority as the supreme court.

§ 279. A special proceeding, instituted before a judge of the superior court of Buffalo, or the city court of Brooklyn, or a proceeding commenced before a judge of either of those courts, out of court, in an action or special proceeding pending in his court, may be continued, from time to time, before one or more other judges of the same court, as prescribed by law, with respect to like proceedings, before a judge of a court of record in the city of New York.

$280. The judges of each superior city court, or a majority of them, must, from time to time, appoint the times for holding the general, special and trial terms of their court. They must also assign the judges to hold each of the terms, and designate the trial terms at which issues of fact are triable by a jury. A general, a special, and one or more trial terms, may be appointed to be held, and may be held, at the same time. The judges, or a majority of them, must also appoint reasonable times, when a judge must attend at chambers, and designate the judge to attend for that purpose. Each appointment, made as prescribed in this section, must be sigued by the judges making the same, and filed in the clerk's office. copy thereof must be published in the newspaper printed in Albany, in which legal notices are required to be published, and in two newspapers printed in the city where the court is located, at least once in each week for three successive weeks, before a term is held by virtue thereof.

A

$281. A general term of a superior city court must be held by at least two judges. Two must concur to determine a cause; otherwise it must be reheard; except that if the remaining judge or judges are disqualified to sit upon an appeal, the judgment or order appealed from must be affirmed, unless a rehearing is directed.

$282. A special term or a trial term of a superior city court must be held by one judge.

283. When the chief-judge of a superior city court certifies, that a book of minutes, records, indices, or dockets of judgments, in the office of the clerk of the court, has become so mutilated or injured, that it cannot be conveniently used or correctly examined, the clerk of the court must cause a copy thereof to be made. The expense of making the copy, not exceeding ten cents for each folio, is a charge, in the city of New York, upon that city, and, in the city of Buffalo, or the city of Brooklyn, upon the county where

the court is located; and it must be paid by the comptroller of the city of New York, or the county treasurer, as the case requires, upon the certificate of the clerk, that the copy was made pursuant to his direction. The copy, when certified by the clerk to be a correct copy of the original, has, presumptively, the effect of the original. The original must be preserved, and may be referred to at any time, by the direction of a judge of the

court.

284. Each superior city court has a clerk, who is appointed, and may be removed at pleasure, by the judges of the court, or a majority of them. Each clerk, by a writing under his hand and the seal of the court, filed in his office, must appoint, and may at pleasure remove, a deputy-clerk. The deputy-clerk has all the powers, and may perform all the duties of the clerk, when the office of clerk is vacant, or at the clerk's office, when the clerk is absent therefrom, or at a term or sitting of the court, which the deputy-clerk attends. Each clerk and each deputy-clerk must subscribe and file in the clerk's office, the Constitutional oath of office; and is entitled to a salary, fixed and to be paid as prescribed by law.

§ 285. [am'd 1879.] A special deputy-clerk of a superior city court, appointed as prescribed by law, possesses the same powers as the clerk, at a sitting or term of the court which he attends, with respect to the business transacted thereat.

ARTICLE SECOND.

PROVISIONS EXCLUSIVELY APPLICABLE TO THE COURT OF COMMON PLEAS FOR THE CITY AND COUNTY OF NEW YORK, AND THE SUPERIOR COURT OF THE CITY OF NEW YORK.

§ 286. Special jurisdiction of the common pleas.

287. Each court to consist of six judges; chief-judge.

§ 288. Assistance, etc., in clerks' offices. 289. Stenographers.

290. Stenographer for extra terin. 291. Criers.

§ 286. [am'd 1877.] In addition to the jurisdiction defined in sections two hundred and sixty-three, two hundred and sixty-four and two hundred and sixty-five of this act, the court of common pleas for the city and county of New York, has power and jurisdiction to vacate and set aside a judg ment entered in any court held within that city and county, upon a forfeited recognizance, upon the terms and conditions specially prescribed by law for that purpose; to remit a fine of forfeited recognizance, in a case where a county court can remit the same, and in like manner; and to entertain any special proceeding, which, in any county except New York, may be instituted in the county court.

§ 287. The court of common pleas for the city and county of New York, and the superior court of the city of New York, consist of six judges for each court; one of whom must from time to time, as a vacancy occurs, be appointed chief judge of his court, as prescribed in the Constitution.

288. The clerk of each of those courts may appoint and at pleasure remove, such special deputy-clerks and o her assistants, as he deems necessary; but a special deputy-clerk or an assistant, so appointed, is not entitled to any compensation out of the treasury of the city of New York, unless his compensation is fixed by law, or allowed pursuant to law.

289. The judges of each of those courts, or a majority of them, must appoint, and may at pleasure remove a stenographer for each term of the court, for the trial of issues of fact, constituting a distinct part. Each stenographer so appointed is entitled to a salary, fixed and to be paid as