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employed as counsel, or being interested therein, or of kin to the parties or any of them, the court may, upon special motion, order such action to be brought to argument in any adjoining district to be specified in such order; and then such cause shall be heard and decided in such district (Laws of 1850 p. 20). Laws 1870, ch. 408, s. 7, give power to governor to assign justices to hold circuit courts, special terms and courts of over and terminer; and s. 7—the governor may designate one or more of the judges of the superior court of the city of New York or of the court of common pleas of the city and county of New York to hold circuits and special terms of the supreme court in New York city; and s. 14 empowers the governor to appoint" extraordinary general terms, circuit courts, special terms and courts of oyer and terminer.

See section 459, post.

$ 24. (Am'd 1849, 1851, 1862.) Terms, where held. Adjournments.

The places appointed within the several counties for holding the general and special terms, circuit courts, and 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 adjourn from time to time, as the justice holding the same shall order and direct.

Modified by laws 1870, ch. 408.

§ 25. Publication of appointment.

Every appointment so made shall be immediately transmitted to the secretary of state, who shall cause it to be published in the newspaper, printed at Albany, in which legal notices are required to be inserted, at least once in each week, for three weeks before the holding of any court in pursuance thereof. The expense of the publication shall be paid out of the treasury of the State.

$26. Inability of judge.

In case of the inability, for any cause, of a judge assigned for that purpose, to hold a special term or circuit court, or sit at a general term, or preside at a court of oyer and terminer, any other judge may do so.

2. Presiding judge.—The justice appointed to preside at a general term, in the absence of the presiding justice, may preside during the whole term, and not merely during the absence of the presiding justice (The People v. Hicks, 15 Barb. 153); and a justice of the supreme court, while a judge of the court of appeals, may preside in a court of oyer and terminer, or discharge any of the ordinary duties of a justice of the supreme court (McCarron v. The People, 13 N. Y. 74).

6. Judge not to review his own decision.—No judge or justice to sit at a general term, or in court of appeals, in review of a decision made by him, or by any court of which he was at the time a sitting member (Const. art, vi, s. 8).

6. Affinity of judge.-When a judge is disqualified by reason of his affinity to one of the parties to the suit (N. Haven R. R. v. Schuyler, 28

How. 187).

$ 27. Business out of court. Proceedings in first district.

[1] The judges shall, at all reasonable times, when not engaged in holding court, transact such other business as may be done out

of court.

[2] 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.

d. Judge at Chambers.-Unless a distinction is made in a statute between the powers of a judge and those of the court, the judge has the same powers as the court (Smeeton v. Collier, 1 Exch. 459); but if the distinction is made by the statute, then a judge cannot exercise any power which is conferred on the court (Clarke v. East India Co. 2 Bail Court Rep. 320). A judge of the supreme court, like any other officer, when acting out of court is an officer of limited jurisdiction. He may do just what the legislature has authorized him to do, and whatever he does more than this is done without jurisdiction (Bangs v. Selden, 13 How. 376; and see Reg. v Sewell

, 6 Law Times, 191). The justices of the supreme court, although elected in districts, possess co-ordinate powers throughout the State (Const. art. vi. s. 6), and have the powers vested in vice-chancellors and judges of the supreme court prior to July, 1847 (Laws of 1849, p. 27; and see Garcie v. Sheldon, 3 Barb. 232 ; Aymer 5. Chace, 1 Code R. N. S. 333).

A judge at chambers, on an application under section 247, may make either an absolute or a conditional order, precisely as at special term (Witherspoon v. Van Dolar, 15 How. 266).

In the first judicial district a motion to open a judgment and let defendants in to defend, may be made to a justice out of court (Louber v. Mayor of N. Y, 5 Abb. 325),

and so may a motion for a guardian ad litem in a partition suit (Distrow v. Folger, 5 Abb. 53). And

generally in the first district, all motions, except for new trials, may be made at chambers; and this includes a motion for an allowance (Main v. Pope, 16 How. 271).


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;

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.

6. 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.


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 those allowed to said justices and commissioners. Şurrogates' fees not affected


AN ACT in relation to the county courts.

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

do enact as follows: SECTION 1. The county courts, in addition to the powers they now possess, shall bave 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.

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

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