tion to be TITLE 5. § 39. The sheriff to whom any such precept shall be directed and Proclama delivered, immediately on the receipt thereof, shall cause a proclapublished. mation in conformity thereto, signed by him, to be published once in each week, until the sitting of the court, in one or more of the newspapers printed in the said county. The expense of such publication shall be a county charge. [207] Seals of courts of oyer and terminer. 20 N. Y., 546. § 40. The seals heretofore devised or adopted by the several courts of oyer and terminer and jail delivery, shall continue to be the seals of the said courts respectively; and where none have been devised, the court shall have power to make and devise such seal. [Sections 41-44 were repealed by L. 1886, ch. 539.] [Section 45 was repealed by L. 1877, § 417.] [208-215] To be held at courthouses. Clerk of N. Y. Co., to give bond. [216] Its condition. When and how bond TITLE V. Of the Courts of Common Pleas and General Sessions of the Peace, in the several Counties of this State. SEC. 1-20. [Repealed.] 21. In cases not otherwise directed, courts to be held at court-houses. 24. Clerk of county to be clerk of common pleas, and to give bond. 25. When and how bond to be cancelled. 26-34. [Repealed.] [All of this title, except the three sections which follow, was repealed by L. 1857, ch. 417; L. 1880, ch. 245; and L. 1886, ch. 593.] § 21. In all cases not specially provided for in the preceding section, the courts of common pleas and general sessions, shall be held at the court-houses in the several counties. § 24. The clerk of the city and county of New York, shall, by virtue of his office, be clerk of the court of common pleas for the said city and. county; and every person hereafter elected to that office, shall, before he enters on the duties thereof, execute a bond to the people of this state, in the penalty of fifteen thousand dollars, with two sufficient sureties, to be approved by the said first judge, conditioned that such clerk shall well and faithfully, in all things, apply, appropriate and pay over all such sums of money as he may from time to time receive, in virtue of his said office, during his continuance therein; and that if default be made therein, he and his sureties will jointly and severally answer and pay to the parties who may be injured by such default, all damages they may sustain; which bond, when so executed and approved, shall be filed in the office of the clerk of the supreme court in the city of New York. [L. 1826, 265, §§ 1 and 2; partly repealed by L. 1843, ch. 88.] [This section is probably superseded, in part, by L. 1884, ch. 299, § 6, in ch. 10, post.] § 25. Whenever any such clerk shall go out of office, and shall to be can pay over to his successor all the monies then remaining in his hands, accompanied by such vouchers and statements in relation thereto, as shall be satisfactory to such successor, to be signified by his certificate celled. under seal, it shall be the duty of the said first judge, to grant an TITLE 5. order requiring the clerk of the supreme court, upon the filing of such certificate in his office, to give up the bond executed by the clerk so going out of office, and his sureties, to the parties who executed the same, to be cancelled. And it shall be the duty of the clerk of the supreme court to obey such order. [Supplementary Title.] TITLE 54. Of the Superior City Courts. ART. 1.-The court of common pleas for the city and county of New York, and the superior court of the city of New York. ART. 2-The superior court of Buffalo. ART. 3.-The city court of Brooklyn. ARTICLE FIRST. THE COURT OF COMMON PLEAS FOR THE CITY AND COUNTY OF NEW YORK, AND THE SUPERIOR COURT OF THE CITY OF NEW YORK. [See Code of Civil Procedure, passim.] L. 1828, Chap. 137 - An act for the establishment of a superior court of law in the city of New York. Superior court of New York established. SECTION 1. There shall be and hereby is established, within the city and county of New York, a court to be called and known by the name of "The superior court of the city of New York;" which court shall consist of a chief justice, and two associate justices. When and where held. § 3. The said court shall be held at the city hall of the city of New York. * * * * * * * Seal. § 8. The said court shall have a seal, to be devised by the justices thereof, a description of which shall be deposited in the office of the secretary of state, signed by the said justices, or a majority of them; and such seal shall then be used as the seal of the said court. Clerk. § 9. The said justices shall appoint a clerk, who shall keep his office at the city hall of the city of New York, and attend the said court and officiate as clerk thereof. [See Code of Civ. Proc., § 284.] [The remainder of the foregoing act was superseded by the amendments to the Constitution, and by subsequent legislation, and was finally repealed by L. 1881, ch. 537.] L. 1849, Chap. 124-An act for increasing the number of justices in the superior court of the city of New York, and for extending the jurisdiction of that court. [This entire act, except § 13, was repealed by L. 1877, ch. 417, and L. 1881, ch. 537.] Clerk's fees. § 13. The clerk of said court shall receive for every trial from the party which shall bring it on, one dollar: on entering judgment, one dollar. shall receive no other fee for any service whatever, in a civil action, except for copies of papers at the rate of five cents for every one hundred words. [See Code of Civil Procedure, § 3301.] L. 1854, Chap. 198-An act in relation to the court of common pleas for the city and county of New York. [This act, except the following sections, was repealed by L. 1877, ch. 417.] Clerk's office. § 2. The common council of the city of New York must, by ordinance, assign the clerk so appointed a suitable office in the city hall in that city. Fees. § 3. The said clerk shall pay over to the city treasurer, in monthly payments, all the fees, perquisites and emoluments of his office, and shall receive such compensation for his services, and for the services of his assistants, as shall be fixed by the board of supervisors of the city and county of New York, in conformity to the act in relation to the fees and compensation of certain officers in the city and county of New York, passed December 10th, 1847. Salaries. § 4. When the fees received and paid over by the officers named in said act, and the said clerk, shall be insufficient to pay the necessary expenses and salaries of their respective offices, the deficiency shall be paid out of the appropriation for county contingencies. ARTICLE SECOND. THE SUPERIOR COURT OF BUFFALO. [Originally organized as the "recorder's court in the city of Buffalo," by L. 1839, ch. 210. The name of the court changed to the superior court of Buffalo, L. 1854, ch. 96. Most of the statutes relating to this court have been superseded by provisions of the Code of Civil Procedure and the Code of Criminal Procedure, q. v., passim.] L. 1854, Chap, 96— An act to amend an act entitled “An act to organize and establish a recorder's court in the city of Buffalo, and for other purposes," passed April 20, 1839, [Sections 1-5 were repealed by L. 1877, ch. 417.] Clerk and crier. § 6. A clerk and crier shall be appointed by, and hold their offices during the pleasure of, said court. The clerk shall receive the same fees allowed by law to county clerks for similar services performed in the supreme court and courts of oyer and terminer, and a salary of twenty-five hundred dollars a year, to be paid by the county of Erie. The crier shall be paid by the city of Buffalo the compensation now allowed by law. [Thus amended by L. 1883, ch. 219.] [See Code of Civil Procedure, § 284.] [Sections 7-29 were repealed by L. 1877, ch. 417, and L. 1880, ch. 245.] the Rooms of court. § 30. It shall be the duty of the supervisors of Erie county to provide and furnish suitable places for holding the terms of said court and the transaction of its business, and for the office of the clerk, and in case the said supervisors neglect or refuse to provide such rooms or furniture for the same, said court is hereby authorized to direct, by an order, such person or persons as shall be named in such order to provide such rooms and furniture, which shall be provided by such person or persons at the expense of the said county. [Sections 31 to 35 repealed by L. 1886, ch. 593.] Grand jurors. § 36.* From the list of jurors returned under the twenty-eighth *Sections 28 and 29, although repealed in 1877, as above noted, are here given in order to render intelligible the reference to them in this section. They were superseded by Code Civ. Proc., §§ 303–305. § 28. The assessors of the said city shall, in the month of May next, and in the month of May in each second year thereafter, make out, return and file with the clerk of said court, a list of not less than six hundred residents of said city, not exempt from jury duty, qualified to serve as petit jurors in said court. The said court may from time to time order the said assessors to make out a new or further list of jurors, and enforce such order by proceedings for contempt. (Thus amended by L. 1857, ch 361.] $29. From the list so returned by the assessors, the clerk of said court, in the presence of one of the justices thereof, shall, at least fourteen days before the time appointed for the holding of a term of said court for the trial of issues of fact by a jury or for the trial of indictments, without any previous notice thereof, draw thirty-six persons, or such other number as the court may order, to serve as petit jurors; such drawing shall be conducted in the manner prescribed by law in relation to the drawing of petit jurors by county clerks; and the sheriff of Erie county shall summon the persons so drawn, in the manner prescribed by law for summoning juries in the supreme court. The jurors attending said court shall be paid by the county of Erie the section of this act, the clerk of said court shall, in the manner prescribed in the twenty-ninth section of this act, draw twenty-four persons to serve as grand jurors at the terms appointed for the transaction of criminal business. The persons so drawn shall be summoned in the manner prescribed in said section twentynine, and shall receive the same compensation from the county of Erie as grand jurors attending the oyer and terminer. Existing provisions. § 37. All the provisions of law now in force relating to the recorder's court of Buffalo, and not inconsistent with the provisions of this act, shall apply to the said court, as reorganized by this act. [Section 38 prescribes when the act shall take effect.] Transfer of actions. § 39. If any action or proceeding is pending in said court before the general term, and two of the justices of said court, from any cause, shall be disqualified to hear or decide the same, the court shall by order transfer the same to the supreme court, which last court shall, upon a certified copy of said order being filed with its clerk, become fully possessed of such action or proceeding. [Added by L. 1857, ch. 361.] [See Code Civ. Proc., § 273.] L. 1874, Chap, 57-An act to empower the judges of the superior court of Buffalo to employ a stenographer. [Sections 1 and 2 were repealed by L. 1877, ch 417.] Salary of stenographer and assistant. § 3. The said stenographic reporter shall receive a salary of two thousand dollars per annum, and the assistant stenographic reporter shall receive a salary of one thousand dollars per annum, to be paid from the treasury of said city of Buffalo, quarterly, on the certificate of a judge of said superior court, showing that the services have been actually performed. [Thus amended by L. 1886, ch. 343.] L. 1883, Chap. 219–An act to amend chapter ninety-six of the laws of eighteen hundred and fifty-four, entitled "An act to amend an act entitled 'An act to organize and establish a recorder's court in the city of Buffalo, and for other purposes,' ‚"" passed April twentieth, eighteen hundred and thirty-nine. Also to amend chapter two hundred and thirtytwo of the laws of eighteen hundred and seventy-four, entitled "An act in relation to the superior court of Buffalo." [Section 1 amended by L. 1854, ch. 96, § 6.] § 2. Section one of chapter two hundred and thirty-two of the laws of eighteen hundred and seventy-four, entitled "An act in relation to the superior court of Buffalo," passed April twenty-first, eighteen hundred and seventy-four, is amended so as to read as follows: Deputy clerk; appointment; salary. § 1. The clerk of the superior court of Buffalo shall appoint some proper person as deputy clerk of said court, who shall hold his office during the pleasure of the clerk of said court; and as often as such deputy clerk shall die, resign or be removed from office, or remove from the city of Buffalo, or become incapable of executing the duties of said office, the said clerk shall appoint another deputy clerk in his place. The deputy clerk shall receive a salary of fifteen hundred dollars a year, to be paid quarterly by the county of Erie. § 3. Section two of chapter two hundred and thirty-two of the laws of eighteen hundred and seventy-four, entitled "An act in relation to the superior court of same compensation paid to jurors attending the circuit court. The court for the trial of issues of fact or for the trial of indictments, may, in its discretion, order talesmen to be drawn from said list, and may order the sheriff to summon the same forthwith; and if any person so drawn as a talesman shall not be found by the sheriff the court may cause the name of such person to be returned to the box. [Thus amended by L 1857, ch. 361.] Buffalo," passed April twenty-first, eighteen hundred and seventy-four, is amended so as to read as follows: Special deputy clerks; appointment; salary. § 2. The clerk of said superior court of Buffalo shall, if the judges of said court deem it necessary for the proper transaction of the business of said court, also appoint two proper and suitable persons as special deputy clerks of said court, who shall hold their office in the same manner and subject to the same restrictions as to removal as the deputy clerk of said court. One of said special deputy clerks shall receive a salary of eight hundred dollars a year, to be paid quarterly by the county of Erie, and the compensation of the other of said special deputy clerks shall be paid by the clerk of said court. [L. 1874, ch. 232, except § 5 thereof, was repealed by L, 1877, ch. 417. Semble therefore, that the foregoing statute is an independent enactment.] ARTICLE THIRD. THE CITY COURT OF BROOKLYN. [Most of the former laws relating to civil proceedings in this court have been repealed, having been superseded by provisions of the Code of Civil Procedure. Those relating to criminal proceedings, although not formally repealed, have been mostly superseded by the Code of Criminal Procedure, and are, herefore, omitted. A few sections are retained, which either have been left unaffected by subsequent legislation, or may, in the opinion of the editor, be of some force, either intrinsically or as explanatory of other provisions.] L. 1849, Chap. 125-An act to establish courts of civil and criminal jurisdiction in the city of Brooklyn. City judge to be elected. SECTION 1. There shall be elected in the city of Brooklyn at the next charter election to be held in said city, and every six years thereafter, city judge, who shall hold his office for six years, from the first day of May next, after his election, and shall be subject to removal in the same manner as the county judge. [Sections 2-10 were repealed by L. 1877, ch. 417.] [Sections 11 and 12 were repealed by L. 1886, ch. 393.] [Section 13 was repealed by L. 1870, ch. 470.] [Sections 14-19 were repealed by L. 1877, ch. 417.] Duty of district-attorney. § 20. The district-attorney of the county of Kings shall prosecute all indictments which may be found by the grand jury impanelled by the said city court, and all indictments which shall be transmitted to the said city court, in the same manner as if such indictment had been tried in a court of sessions of the county, and shall have the same power in all respects. Provision in case of absence. § 21. In case of the absence, inability to attend, or vacancy in the office of said district-attorney, the said city court may designate some suitable person to discharge the duties of the said district-attorney, in said city court for the time being, who shall receive such compensation therefor as the board of supervisors of the county of Kings shall fix for that purpose, and which shall be allowed and paid by the said board of supervisors as other county charges are allowed and paid. [Section 22 was repealed by L. 1877, ch. 417.} [Section 23 was repealed by L. 1870, ch. 470.] [Sections 24-26 were repealed by L. 1877, ch. 417.] [Sections 27-37, relating to justices of the peace and police justices, are immaterial here.] [Sections 38 and 39 are omitted as temporary.] |