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A judge at chambers may punish for contempt (Re Smethurst, 3 Code R. 55; 2 Sand. 724; Shepherd v. Dean, 13 How, 173; Wicker v. Dresser, 14 id. 465; see, however, 13 id. 331); but not in a statutory proceeding, unless where authority so to punish is conferred by statute (The People v. Brennan, 45 Barb. 344).

Power of a justice of the supreme court upon a statute writ of habeas corpus returnable at chambers (see The People v. Wilcox, 22 Barb. 179).

See section 324, post.

a. Subd. 2.—The true interpretation of the second part of this section is : A proceeding commenced in the first judicial district by any judge competent to institute it therein, may be continued in such district before any judge competent to have commenced it (Dresser v. Van Pelt, 15 How. 19). See s. 401, subd. 6.

§ 28. Rooms, &c.

The supervisors of the several counties shall provide the courts appointed to be held therein with room, attendants, 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.

b. Application of section.—This section applies to the court of common pleas for the city and county of New York, and the superior court (s. 51, post) and marine court of the said city (Laws 1853, p. 992 ; Laws 1861, p. 65), and to the district courts of New York city (Laws 1857, ch. 344). See laws 1870, ch. 408, s. 11.

TITLE IV.

Of the County Courts.

SECTION 29. Repeal of existing statutes.

30. Jurisdiction, Transfer of actions.
31. General terms.
32. Jurors.

§ 29. Repeal of existing statutes.

All statutes now in force, conferring or defining the jurisdiction of the county courts, so far as they conflict with this act, are repealed; and those courts shall have no other jurisdiction than that provided in the next section.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.

a. Fees of county judges.—County judges are not allowed any fees for services except for such as may be performed by justices of the peace, or commissioners of deeds: and no greater fees for such services than thaca

LAWS OF NEW YORK. -CHAP. 467.
AN ACT in relation to the county courts.

PASSED April 28, 1870 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly,

do enact as follows: SECTION 1. The county courts, in addition to the powers they now possess, shall have jurisdiction in civil actions where the relief demanded is the recovery of a sum not exceeding one thousand dollars, or the recovery of personal property not exceeding in value one thousand 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 into the supreme court before trial, and also, on such removal being made, to change the venue or place of trial. They shall have such appellate jurisdiction as is now provided by the law.

$ 2. Costs in the county courts, in actions authorized to be brought therein by the preceding section, shall be the same and shall be recovered in the same cases only as in the like actions in the supreme court.

$ 3. Power of local legislation is hereby conferred on the several boards of supervisors to establish, by local law applicable to their several counties, the salary of the county judge, and of the surrogate when elected as separate officer, such salaries to be payable out of the county treasury; provided that the salary of no county judge or surrogate shall, when once so established, be diminished during his term of office.

§ 4. It shall be lawful for the boards of supervisors of the several counties to authorize the surrogate therein to employ the necessary clerks, and the said boards shall fix the compensation to be paid such clerks

$5. This shall take effect immediately.
See Const. Judiciary Art. 15, in appendix.

pavucus muticVI.

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; jail 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 thereupon jurisdiction of such action or proceeding shall be vested in the supreme court, and such further proceedings shall be bad therein, according to the practice of such court, as might have been had in the county court, if such cause or matter had remained therein; but all such matters shall be heard or tried in the first instance at a special term or circuit court, held in a county where such action or proceeding is situated.

a

a. Jurisdiction of county courts.—The county court has jurisdiction of actions to foreclose mortgages (Benson v. Cromwell, 6 Abb. 43; Arnold v. Rees, 17 How. 35; 7 Abb. 328; 18 N. Y. 57), and to partition lands

2. Fees of county judges.—County judges are not allowed any fees for services except for such as may be performed by justices of the peace, or commissioners of deeds; and no greater fees for such services than those allowed to said justices and commissioners. Surrogates' fees not affected (Laws 1857, vol. 2, p. 197).

See Am'd Const. art. vi. s. 21.

§ 30. (Amd 1849, 1851, 1852, 1860.) Jurisdiction : Transfer of action to Supreme Court.

The county court has jurisdiction in the following 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 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.

5. 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; jail 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 thereupon jurisdiction of such action or proceeding shall be vested in the supreme court, and such further proceedings shall be bad therein, according to the practice of such court, as might have been had in the county court, if such cause or matter had remained therein; but all such matters shall be heard or tried in the first instance at a special term or circuit court, held in a county where such action or proceeding is situated.

a. Jurisdiction of county courts.—The county court has jurisdiction of actions to foreclose mortgages (Benson v. Cromwell, 6 Abb. 43; Arnold v. Rees, 17 How. 35; 7 Abb. 328; 18 N. Y, 57), and to partition lands

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