Early jurisdiction-Jurisdiction before 1846. ARTICLE II. JURISDICTION. Section 1. Early jurisdiction. The court of common pleas, as it was at first organized, was a court of general law jurisdiction, the provision conferring it being as follows: "And that the several and respective courts, hereby established, shall have jurisdiction to hear, try, and finally to determine, all actions or cause of actions, and all matters and things, and causes triable at the common law, of what nature or kind soever.' Colonial Session Laws (Bradf. ed. of 1694), 2, 64; 2 Paine & Duer's Prac. 718. From the time of the organization of these courts down to the establishment of the State government, they continued to exercise substantially the same powers with which they were originally vested. Graham on Jurisdiction, 73. Section 2. Jurisdiction before 1846. a. General jurisdiction. Under the Revised Statutes the courts of common pleas were vested with all the powers, and were authorized to exercise the same jurisdiction which belonged to those courts under the colonial government, with the additions, limitations and exceptions, created and imposed by the constitution and laws of the State. 2 R. S. 208 (217), § 1. They were also expressly authorized to hear, try, and determine, according to law, all local actions arising within the respective counties where such courts were held, and all transitory actions in whatever county the cause thereof arose. Ib. Thus they were invested with power to hear and determine every description of real and personal action, and that, whether local or transitory. See Graham on Jurisdiction, 80. Besides this they were authorized to grant new trials in actions tried therein. 2 R. S. 208 (217), § 1. b. Special jurisdiction. By special jurisdiction is to be understood that jurisdiction which was expressly conferred by statute, concerning proceedings not strictly within the denomination of actions, and it includes: I. Voluntary assignments by imprisoned debtors. 2 R. S. 31, § 1. II. The care and custody of the persons and estates of habitual drunkards. 2 R. S. 208 (217), § 1. Appellate jurisdiction. III. The remitting of fines and forfeited recognizances. S. 508 (486), § 37. 2 R. IV. The admeasurement of dower. 2 R. S. 510 (488), § 1. V. Proceedings on attachments against absconding, concealed or non-resident debtors. 2 R. S. 10, § 43, et seq.; id. 35, § 1. VI. Proceedings for the removal of justices of the peace. 1 R. S. 101 (110), § 35. Commissioners of deeds in towns. Id., § 31. Special justices and assistant justices and their clerks in the city of New York. Id., § 34. Proceedings for the licensing of ferries, 1 R. S. 486 (526). For the regulation of fisheries, 1 R. S. 642 (688). Concerning turnpike roads, 1 R. S. 538 (581). Wrecks, 1 R. S. 643 (690). Phy. sicians, 398 (452). Jail liberties, 2 R. S. 450 (432). The removal of occupants from State lands, 1 R. S. 206. The laying out of railroads through Indian lands, Laws of 1836, ch. 316. Appeals from commissioners of highways, 1 R. S. 477 (518). Proceedings for the partition of lands, 2 R. S. 324 (316), and for the disposal of the estates of habitual drunkards when such estate amounted to less than $250, 2 R. S. 53. It may be noticed here generally that in local actions the powers of the court did not extend beyond their respective counties, while in transitory actions they had general cognizance wherever the cause of action arose. Graham on Jurisdiction, 110. This included all of the matters of which the court had original jurisdiction and extended as it was, still the common pleas was considered an inferior court, and it was bound to obey a mandamus, prohibition, or attachment issuing from the supreme court. The People v. Sessions of Chenango, 1 Johns. Cas. 179; S. C., 2 Caines' Cas. 319. See Graham on Jurisdiction, 90. c. Appellate jurisdiction. The court of common pleas had also certain jurisdiction over the judgments of justice's courts, which were removed for review either by certiorari or by appeal. Proceedings by certiorari would lie in all cases of judgments rendered before a justice of the peace where the debt or damages recovered did not exceed $25 exclusive of costs, and in all cases where issue was not joined before the justice. 2 R. S. 255, § 170. Proceedings by appeal might be had to the common pleas to review justice's judgments which exceeded $25, exclusive of costs, in the following cases: 1. Where the judgment was rendered upon an issue of law joined between the parties. 2. Where it was rendered upon an issue of fact joined between the parties Jurisdiction under constitution of 1846. whether the defendant was present at the trial or not. 2 R. S. 258, 186; The People v. Schoharie Common Pleas, 2 Wend. 260. d. Proceedings on appeal. Upon every matter so brought into the court of common pleas, that court proceeded to decide according to the law of the case, if it was an issue of law. 2 R. S. 262, § 212. And if it was an issue of fact the court proceeded to try the same by jury, or it ordered a reference. Id., § 213. See Reference. It was held that although the plaintiff was limited in the justice's court to a recovery of $50, yet, if the defendant appealed to the common pleas, that court might give the plaintiff judgment for all the claims he might prove, although beyond that sum. Jackson v. Covert's Administrators, 5 Wend. 139. Section 3. Jurisdiction under constitution of 1846. a. Special cases. The constitution of 1846 limited the jurisdiction of these courts to such as the legislature might prescribe over cases arising in justices' courts, and in special cases. Const. of 1846, art. 6, § 14. The court of appeals construed the words "special cases mean "special proceedings," and that the term did not include common-law actions. Kundolf v. Thalheimer, 12 N. Y. (2 Kern.) 593. But see Arnold v. Rees, 18 N. Y. (4 Smith) 57 (66); S. C., 17 How. 35; 7 Abb. 328; Doubleday v. Heath, 16 N. Y. (2 Smith) 80; People v. Main, 20 id. 434. By the judiciary act of 1847, and until the enactment of the Code, the jurisdiction of the county courts was defined as follows: That they should have jurisdiction to hear, try, and determine all matters and proceedings specially conferred by statute upon, and heretofore triable and cognizable by, courts of common pleas. But nothing contained in that provision was to be deemed to confer original jurisdiction upon any county court, in any action known to the common law. 4 Stat. at Large, 564, 29; Laws of 1847, ch. 280, § 29. The county court in each county shall have power to hear, try and determine according to law: 1. Suits and proceedings by scire facias to revive any judgment in said court, or one rendered in the common pleas of that county, or to have execution of such judgments, or to revive any suit in said county court. 2. Suits and proceedings for the admeasurement of dower or Equity and appellate jurisdiction. for the partition of lands, when the lands are situated in the county where the court is held. 3. When all the defendants, at the time of commencing the action, reside in the county in which the court is held; of actions of debt, assumpsit and covenant, when the debt or damages claimed do not exceed $2,000; actions for assault and battery and false imprisonment, when the damages claimed do not exceed $500; actions of trespass and trespass on the case to amount of $500; actions of replevin when the value of the property claimed does not exceed $1,000, and also to grant new trials in all such suits or proceedings. 4 Stat. at Large, 564, § 30; Laws of 1847, ch. 280, § 30. According to the construction of the words "special cases" in the constitution, so much of this section as proposed to confer jurisdiction of common-law actions, as distinguished from special proceedings, was held to be unconstitutional. Kundolf v. Thalheimer, 12 N. Y. (2 Kern.) 593. There was also conferred equity b. Equity jurisdiction. jurisdiction in the following cases: 1. For the foreclosure of mortgages, when the mortgaged premises are situated in the county. See Arnold v. Rees, 18 N. Y. (4 Smith) 57; S. C., 17 How. 35; 7 Abb. 328; overruling Hall v. Nelson, 23 Barb. 88; S. C., 14 How. 32. 2. For the sale of the real estate of infants, when the real estate is situated and the infants reside in the county. 3. For the care and custody of lunatics and habitual drunkards, residing in the county. 4. For the satisfaction of judgments and decrees on which there shall remain due a sum exceeding $75, out of the property of a debtor when an execution has been returned unsatisfied, and the debtor resides in the county. 5. For partition of lands in the county. See Doubleday v. Heath, 16 N. Y. (2 Smith) 80. 6. For the admeasurement of dower in lands in the county. 4 Stat. at Large, 564, § 31; Laws of 1847, ch. 280, § 31. c. Appellate jurisdiction. The county court of such county, under the judiciary act of 1847, possessed and exercised the same jurisdiction, in all cases of appeals from judgments rendered by justices of the peace, and of writs of certiorari to remove the same, as courts of common pleas then had and exer Jurisdiction-Under the Code. cised. 4 Stat. at Large, 565, § 35; Laws of 1847, ch. 280, § 35; § 2 of this article. d. Under the Code. Upon the adoption of the Code of Procedure, all statutes then in force, conferring or defining the jurisdiction of the court, so far as they were in conflict with the provisions of the Code, were repealed, and the provisions of the 30th section of that act were substituted. Code, § 29. An enumeration of the actions of which county courts might take cognizance, was given, to which it will satisfy our present design to refer briefly: 1. Of all civil actions for the recovery of not exceeding $500, and for the recovery of personal property not exceeding that amount in value. See Kundolf v. Thalheimer, 12 N. Y. (2 Kern.) 593. This subdivision did not apply to the counties of Kings and Erie. Code, § 31. 2. The exclusive power to review and to affirm, reverse or modify justices' judgments. 3. The foreclosure or satisfaction of mortgages, and the sale of mortgaged premises, situated within the county, and the collection of any deficiency in the mortgage, after the sale. 4. The partition of real property, situated within the county. 5. The admeasurement of dower in lands 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 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. 10. To exercise the power and authority, theretofore vested in the common pleas, over judgments rendered by justices of the peace, transcripts of which have been filed with the county clerk. 11. To exercise the same powers and jurisdiction as was exercised by the court of common pleas, 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, upon appeal from determinations of commissioners of highways, and all other jurisdiction conferred upon the common pleas or county court by statute, and remaining unrepealed, except in the trial and determination of civil |