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PART III. those desig. nated by law.
is appointed to be held. Any one or more of the judges may adjourn the court, with the like effect as if all were present.
As amended by Laws of 1851, ch. 479.
OYER AND TERMINER.
and order of supreme court fixing the terms, &c., abrogated.
28. Rooms, fuel, &c.; how furnished. Existing $ 17. All statutes, now in force, providing for the designaprovisions tion of the times and places of holding the general and and busins special terms of the supreme court, and the circuit courts, ness of the and courts of oyer and terminer, and of the judges who shall pealed and hold the same, are repealed, from and after the first day of preme court July, one thousand eight hundred and forty-eight; and the decing terms order of the supreme court, adopted July fourteen, one thougated.
sand eight hundred forty-seven, prescribing the times and places of holding the general and special terms of the court, and the circuit courts, and courts of oyer and terminer, during the residue of the year one thousand eight hundred and forty-seven, and for the years one thousand eight hundred and forty-eight, and one thousand eight hundred and fortynine, and assigning the business and duties thereof to the several judges of the court is, from and after the first day of July, one thousand eight hundred and forty-eight, abrogated; and the provisions of this title are substituted in place thereof.
14 N. Y., 580. General S 18. At least four general terms of the supreme court termopre shall be held annually in each judicial district, and as many
more as the judges in such district shall appoint, at such times and places as a majority of the judges of such district
shall appoint. Number of S 19. The concurrence of a majority of the judges holding judges to give judg.
a general termn, shall be necessary to pronounce a judgment. If a majority do not concur, the case shall be reheard.
16 N. Y., 295. Special $ 20. There shall be at least two terms of the circuit court tain courts and court of oyer and terminer held annually in each of the ar dyer tusd counties of this state, and as many more terms thereof, and
as many special terms as the judges of each judicial district prescribed.
shall appoint therein, but at least one special term shall be held annually in each of said counties. Fulton and Hamilton
for the purposes of this sec
courts and courts of
shall be considered one county tion.
20 N. Y., 461, 546. $ 21. Circuit courts, and courts of oyer and terminer, shall Corecast be held at the same places, and commenced on the same day.
$ 22. The governor shall, on or before the first day of May, certament one thousand eight hundred
and forty-eight, by appointment les in writing, designate the times and places of holding the Desigua
. general and special terms, circuit courts, and courts of oyer time and and terminer, and the judges by whom they shall be held; Boding which appointment shall take effect on the first day
of July courte how thereafter, and shall continue until the thirty-first day of December, one thousand eight hundred and forty-nine. The judges of the supreme court of each district, shall in like manner, at least one month before the expiration of that time, appoint the times and places of holding those courts for two years, commencing on the first day of January, one thousand eight hundred and fifty, and so on, for every two succeeding years, in their respective
districts. 13 How. P. R., 314. $ 23. The governor may also appoint extraordinary general Extraordiand special terms, circuit courts, and courts of oyer and ter- ralana miner, whenever, in his judgment, the public good shall re- terms, and quire it. 9 Ab., 328; 4 Ab., 43.
pointed. $ 24. The places appointed within the several counties, for Places of holding the general and special terms, circuit courts, and courts. courts of oyer and terminer, shall be those designated by statute for holding county or circuit courts. If a room for holding the court in such place shall not be provided by the supervisors, it may be held in any room provided for that purpose, by the sheriff, as prescribed by section twenty-eight.
General and special terms of the supreme or county courts and circuit courts and courts of oyer and terminer, may be adjourned to be held on any future day, by an entry to be made in the minutes of the court; and juries may be drawn and summoned for an adjourned circuit or county court, or an adjourned court of oyer and terminer, and causes may be noticed for trial at an adjourned circuit or county court, in the same manner as if such courts were held by original appointment. And special terms may be adjourned to be held at a future day at the chambers of any justice of said court residing within the district, by an entry in the same manner, and then adjourned from time to time, as the justice holding the same shall order and direct.
Ag amended by Laws of 1851, ch. 479; 1862, ch. 460. S 25. Every appointment so made shall be immediately Pablication
of appointtransmitted to the secretary of state, who shall cause it to be ments published in the newspaper, printed at Albany, in which legal notices are required to be inserted, at least once in each week
oyer and terminer,
for three weeks before the holding of any court in pursuanco thereof. The expense of the publication shall be paid out of
the treasury of the state. When $ 26. In case of the inability, for any cause, of a judge judges not assigned assigned for that purpose, to hold a special term or circuit the courts. court, or sit at a general term, or preside at a court of oyer
and terminer, any other judge may do so. Duties of $ 27. The judges shall at all reasonable times, when not judges as to business engaged in holding court, transact such other business as may out of courts.
be done out of court. Every proceeding commenced before one of the judges, in the first judicial district, may be continued before another, with the same effect as if commenced before him.
19 How. P. R., 347; 15 How. P. R., 23; 11 Ab., 85. Rooms, $ 28. The supervisors of the several counties shall provide fuel, &c.,
the courts appointed to be held therein, with rooms, attendnished.
ants, fuel, lights and stationery, suitable and sufficient for the transaction of their business. If the supervisors neglect, the court may order the sheriff to do so; and the expense incurred by him in carrying the order into effect, when certified by the court, shall be a county charge.
Extended to superior court, common pleas and marine courts in New
York, by Laws of 1853, ch. 529. 30 B., 63; 23 B., 352; 4 Ab., 24.
OF THE COUNTY COURTS.
30. Their jurisdiction.
32. Jurors, how drawn and summoned. Repeal of S 29. All statutes now in force, conferring or defining the Statutes de jurisdiction of the county courts, so far as they conflict with fining their this act, are repealed; and those courts shall have no other
jurisdiction than that provided in the next section. But the repeal contained in this section shall not affect any proceedings now pending in those courts.
11 B., 618; 1 Ab., 113. Their juris $ 30. The county court has jurisdiction in the following diction.
special cases, but has no original civil jurisdiction except in such cases :
1. Civil actions in which the relief demanded is the recovery of a sum of money not exceeding five hundred dollars, or the recovery of the possession of personal property not exceeding in value five hundred dollars, and in which all the defendants are residents of the county in which the action is brought at the time of its commencement; subject to the right of the supreme court upon special motion for good cause shown to remove any such action to the supreme court before trial;
2. The exclusive power to review in the first instance, a judgment rendered in a civil action by a justice's court in the
CHAP. XI. county, or by a justice's court in cities, and to affirm, reverse or modify such judgment;
3. The foreclosure or satisfaction of a mortgage, and the sale of mortgaged premises situated within the county, and the collection of any deficiency on the mortgage remaining unpaid, after the sale of the mortgaged premises ;
4. The partition of real property situated within the county;
3. The admeasurement of dower in land situated within the county;
6. The sale, mortgage or other disposition of the real property situated within the county, of an infant or person of unsound mind;
7. To compel the specific performance, by an infant, heir or other person, of a contract made by a party who shall have died before the performance thereof;
8. The care and custody of the person and estate of a lunatic or person of unsound mind, or an habitual drunkard residing within the county ;
9. The mortgage or sale of the real property situated within the county, of a religious corporation, and the disposition of the proceeds thereof;
10. To exercise the power and authority heretofore vested in such courts of common pleas, over judgments rendered by justices of the peace, transcripts of which have been filed in the offices of the county clerks in such counties;
11. To exercise all the powers and jurisdiction conferred by statute upon the late courts of common pleas of the county, or the judges or any judge thereof, respecting ferries, fisheries, turnpike roads, wrecks, physicians, habitual drunkards, imprisoned, insolvent, absent, concealed or non-resident debtors, gaol liberties, the removal of occupants from state lands, the laying out of railroads through Indian lands, and upon appeal from the determination of commissioners of highways, 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 courts of the counties of Kings and Erie;
13. To grant new trials or affirm, modify or reverse judgments in actions tried in such court upon exceptions or case made subject to an appeal to the supreme court; but in any action or proceeding pending in the county court, in which the county judge is, for any cause, incapable of acting, it shall be his duty to make a certificate of such fact, and file the
same in the office of the clerk of such county court, and there-
Amended by Laws of 1851, ch. 479; 1852, ch. 392; 1860, ch. 459.
11 B., 484; 17 How. P. R., 45; 16 How. P. R., 327, 538, 541, 567;
14 How. P. R., 32; 13 How. P. R., 400; 7 Ab., 329. $ 31. The county court is always open for the transaction when held. of any business for which no notice is required to be given to
an opposing party. At least two terms in each county 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. Notice to Notice of such appointment shall be published in the state be pub lished
paper at least four weeks before any such term, and also in a 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.
As amended by Laws of 1851, ch. 479. Jarors, how $ 32. Jurors for the county courts and courts of sessions dummoned. shall be drawn from the jury box of the county, and sum
moned in the same manner as for the trial of issues at a circuit court.
5 N. Y., 533, 535; 23 B., 9).
OF THE SUPERIOR COURT AND COURT OF COMMON PLEAS, IN
THE CITY OF NEW YORK, AND THE MAYORS' AND RECORD
ERS' COURTS IN OTHER CITIES. SEC. 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 Justice's courts.