TITLE 3.

General

terms, by whom held, etc.

Id.; special and trial terms. New rec

ords, etc

in place of

lated or in

jured.

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.

§ 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 those muti- 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.

Clerks and deputy clerks.

Special deputy clerks.

§ 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. 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.

Special Jurisdiction

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.

SECTION 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 term.

291. Criers.

§ 286. In addition to the jurisdiction defined in sections two hundred and sixty-three, two hundred and sixty-four and two hundred and

ART. 3.

sixty-five of this act, the court of common pleas for the city and county of the comof New York, has power and jurisdiction to vacate and set aside a mon pleas. judgment, 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 or 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.

to consist

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

chief

etc., in

§ 288. The clerk of each of those courts may appoint and at pleasure Assistants, remove, such special deputy-clerks and other assistants, as he deems clerks necessary; but a special deputy-clerk or an assistant, so appointed, is offices. 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, Stenogramust appoint, and may at pleasure remove, a stenographer for each phers. 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 prescribed by law. He must attend all the sittings of the part for which he is appointed. If the judge requires a copy of any proceedings, written out at length from the stenographic notes, he may make an order directing one-half of the stenographer's fees therefor, to be paid by each of the parties to the action or special proceeding, at the rate of ten cents for each folio so written out, and may enforce payment thereof. If there are two or more parties on the same side, the order may direct either of them to pay the sum payable by their side, for the stenographer's fees, or it may apportion the payment thereof among them, as the judge deems just.

pher for

§ 290. The judge who holds an extraordinary trial term of either of Stenogra those courts, must appoint a stenographer for that term, who is subject extra term. to all the provisions of law relating to an assistant stenographer, and is entitled to a compensation, at the rate and in the manner prescribed by law for the official stenographer.

§ 291. The judges of each of those courts, or a majority of them, Criers. must appoint, and may at pleasure remove, one crier for their court. Each crier so appointed is entitled to a salary, fixed and to be paid as prescribed by law. He is not entitled to any other compensation.

ARTICLE THIRD.

PROVISIONS EXCLUSIVELY APPLICABLE TO THE SUPERIOR COURT OF BUFFALO,

SECTION 292. Additional jurisdiction.

293. Id.; in special proceedings.

294. Exclusive powers in certain cases.

295. Court to consist of three judges; chief-judge.

296. Number of general and trial terms.

297. Demurrers to be tried at general term.
298. Clerk may charge fees.

TITLE 3.

jurisdic

tion.

SECTION 299. Deputy-clerk and special deputy-clerk.

300. Stenographer.

301. Crier.

302. Sheriff, constables, etc., to attend court; special powers in contempt

cases, etc.

303. Assessors to return jury list.

304. Drawing trial jurors.

305. Notifying trial jurors; their fees.

306. Additional jurors may be ordered.

Additional § 292. 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 jurisdiction of the superior court of Buffalo extends to the following actions and special proceedings:

ld.; in special proceedings.

Exclusive powers in certain cases.

Court to

consist of

three

judges; chief

judge. General

and trial terms.

1. To an action founded upon a contract, where the defendant, or, if there are two or more defendants, where either of them, is a resident of that city, or occupies a tenement, for the transaction of his or their ordinary business, in that city; or where the summons is served upon either of them in that city; or where the contract was made in that city.

2. To an action for any other cause, where the defendant, or, if there are two or more defendants, where all the defendants proceeded against, occupy a tenement in that city, for the transaction of their ordinary business.

3. To an action to recover damages against one or more common carriers, not being residents of the State, where the defendant, or, if there are two or more defendants jointly liable, where one of them has property in that city.

4. To an action against a domestic corporation, which transacts its general business in that city, or has an office or agency in that city, for the transaction of business; or against a foreign corporation, which has property in that city, or an agency therein.

5. To an action or special proceeding against the city of Buffalo, or an officer thereof.

§ 293. The court also possesses and exercises, within the city of Buffalo, in any matter which arises, or the subject whereof is located or situated within that city, jurisdiction, power and authority, concurrent and co-extensive with those conferred upon the supreme court, in a like case, by any statutory provision.

§ 294. The court also possesses exclusive jurisdiction and power as follows:

1. Where an action, commenced in a justice's court in the city of Buffalo, has been discontinued upon the delivery of an undertaking, because the title to real property came in question, it possesses exclusive jurisdiction of an action for the same cause, brought pursuant to the undertaking.

2. It has exclusive power to remit a fine imposed or a recognizance estreated by it.

§ 295. The court consists of three judges; one of whom must, from time to time, as a vacancy occurs, be appointed chief-judge, as prescribed in the Constitution.

§ 296. At least four general terms and six trial terms of the court must be appointed to be held in each year.

§ 297. An issue of law in an action in the court must be tried at the at general general term.

To be tried

term.

ART. 3.

§ 298. The clerk of the court is entitled, in addition to his salary, Clerk may for any service performed by him, to the fee allowed by law to a charge county clerk, for a similar service, performed in the supreme court, or fees. the court of oyer and terminer.

clerk and

clerk.

§ 299. Where the deputy-clerk of the court dies, resigns, removes Deputy from the city, is removed from office, or becomes otherwise incapable special of acting, the clerk must appoint a deputy-clerk in his place. The deputy clerk, if the judges of the court, or a majority of them, deem it necessary for the proper transaction of its business, from time to time must appoint, and may at pleasure remove, in the manner prescribed by law for the appointment and removal of a deputy-clerk, a special deputyclerk, whose compensation must be paid by the clerk.

§ 300. The judges of the court, or a majority of them, must appoint, Stenogra and may at pleasure remove, a stenographer of the court, who is enti- pher. tled to a salary, fixed and to be paid as prescribed by law. He must attend each term of the court, where issues of fact in civil or criminal causes are triable. If the judge requires a copy of any proceedings, written out at length from the stenographic notes, he may make an order directing the stenographer's fees therefor, at the rate of six cents for each folio so written out, to be paid as follows:

1. In a civil action or special proceeding, by the party entitled to costs upon the verdict, decision, or report; who may tax the sum paid therefor, as a disbursement.

2. In a criminal action or special proceeding, by the county treasurer of Erie county, as a county charge. But, in such a case, the judge may fix such a sum, not exceeding the rate specified in this section, as he deems proper.

§ 301. The judges, or a majority of them, from time to time must Crier. appoint, and may at pleasure remove, a crier for the court, who is entitled to a salary, fixed and to be paid as prescribed by law. He is not entitled to any other compensation.

etc.,

powers in

§ 302. The sheriff of the county of Erie, or his under-sheriff, or a Sherin deputy-sheriff, designated by him, and as many policemen of the city to, to at of Buffalo, as the court directs, must attend each term of the court. tend court; special A policeman, in attendance upon a term of the court, may, under the direction of the judge presiding at or holding the term, notify tales- contempt men or additional jurors, and execute a mandate of the court, issued in a case of contempt, with like effect and in like manner as if he was the sheriff. But a policeman is not entitled to any fees, or other compensation, except his salary, for a service performed by him, as prescribed in this section.

cases, etc.

to return

§ 303. The assessors of the city of Buffalo must, in the month of May Assessors in each year, make out, return, and file with the clerk of the court, a jury list. list of not less than six hundred residents of that city, not exempt from jury duty, qualified to serve as trial jurors in the court. For that purpose, the assessors may, in their discretion, associate the clerk of the court with them. The court, at any term thereof, may, from time to time, make an order, directing the assessors to make out and file, within a time specified in the order, a new list of jurors, or a list of any number of additional jurors; and it may punish an omission to obey such an order, as a contempt.

trial jurors.

§ 304. At least fourteen days before the time appointed for holding Drawing a term of the court, where issues of fact in civil or criminal causes are triable, the clerk of the court, in the presence of a judge thereof, must draw from the list so returned by the assessors, the names of thirty-six

TITLE 3.

Notifying trial jurors; their

fees.

jurors may

persons, or such other number as the court, at any term thereof, directs, to serve as trial jurors. The drawing must be conducted as prescribed by law, for the drawing of trial jurors by a county clerk, except that notice thereof is not necessary. A list of the names of the persons drawn must be certified by the clerk and attending judge, and delivered to the sheriff of Erie county.

§305. The sheriff must thereupon notify each of the persons so drawn, as prescribed by law for notifying a juror drawn to attend a term of the circuit court. Before the first day of the term, the sheriff must file the list with the clerk, accompanied with his return, specifying who were notified, and the manner in which each person was notified. The clerk must make the same disposition of the ballots, containing the names of the jurors who have served, of those who did not appear, and of those who were discharged, as prescribed by law, with respect to the circuit court. Each juror, attending a term of the court, must be paid by the county of Erie, the same compensation as a juror attending the circuit court.

Additional § 306. At a term where issues of fact, in civil or criminal causes, are be ordered. triable, the court may, in its discretion, direct additional jurors to be drawn from any list returned by the assessors, and require the sheriff, or a policeman in attendance upon the term, forthwith to notify them to attend; and if a person so drawn cannot be found, the court may cause his name to be returned to the box.

Court consists of three judges; chiefjudge.

Court al

ways open;

number of trial term.

Appointment of deputy

ARTICLE FOURTH.

PROVISIONS EXCLUSIVELY APPLICABLE TO THE CITY COURT OF BROOKLYN.

SECTION 307. Court consists of three judges; chief-judge.

308. Court always open; number of trial terms.

309. Appointment of deputy clerk and assistants to clerk.

310. Clerk may charge fees.

311. Sheriff, etc., to attend terms.

312. Expenses to be a county charge.

313. Stenographers.

§ 307. The city court of Brooklyn consists of three judges; one of whom must, from time to time, as a vacancy occurs, be appointed chiefjudge of the court, as prescribed in the Constitution.

§ 308. The court is always open for the transaction of any business, for which notice is not required to be given to an adverse party. At least ten terms thereof, for the trial of issues of law or of fact, must be appointed to be held in each year.

§ 309. The judges of the court, or a majority of them, may appoint as many special deputy clerks and assistants in the clerk's office as clerk and they deem necessary. Each officer so appointed is entitled to a salary, fixed and to be paid as prescribed by law.

assistants

to clerk.

Clerk may charge fees.

Sheriff, etc., to at

§ 310. The clerk of the court is entitled, in addition to his salary, for any service performed by him, to the fee allowed by law to a county clerk, for a similar service.

§ 311. The sheriff of the county of Kings, his under-sheriff, or a tend terms. deputy-sheriff, designated by him, must attend each term or sitting of the court. If a deputy sheriff is designated to attend he shall be entitled to the same compensation as is allowed by law to messengers and attendants upon said court, and shall be paid in the same manner. The judge or judges holding the term may require more than one deputy sheriff to attend should it be deemed necessary.

Expenses

to be a county charge.

§ 312. The expenses of the court are a county charge, and must be allowed and paid in like manner as other county charges.