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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. Surrogates' fees not affected (Laws 1857, vol. 2, p. 197).

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

$30. (Am'd 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 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 had 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

within the county (Doulleday v. Heath, 16 N. Y. 80), also of actionsfor the specific performance of contracts (Williston v. Williston, 41 Barb. 635), and to review proceedings in actions after judgment, and to grant new trials (Hall v. Hall, 30 How. 51), but not of an action for an assault (Kundolph v. Thalheimer, 12 N. Y. 593). See am'd const. art. vi, s. 15. And as to enforcing judgment of county court, after death of judgment creditor (Laws 1864, ch. 543; Niles v. Perry, 29 How. 192).

a. County courts have also jurisdiction of appeals from the decision of a justice's court, in summary proceedings to recover the possession of land (Laws 1849, p. 292); and their appellate jurisdiction has been held to extend to a judgment in a justice's court in proceedings under the mechanic's lien law (The People v. Rensselaer County Judge, 13 How. 398). These courts have

the same jurisdiction in their respective counties in relation to the liberties of jails, as was vested in courts of common pleas by the revised statutes, part 3, art. iii. tit. 6. ch. 7 (Laws of 1851, p. 22). They have also jurisdiction in proceedings for the naturalization of aliens (The People v. Pease, 30 Barb. 589). To entertain an application to change the location of a toll gate (McAllister v. Albion Plank R'd Co. 11 Barb. 610). Of proceedings to acquire land for the Lockport & Niagara Falls Railroad (Mosier v. Hilton, 15 Barb. 657).

b. County courts have no jurisdiction to appoint a receiver of a religious corporation, but only power to direct the application of the proceeds of a sale of real estate (Wheaton v. Gates, 18 N. Y. 396).

c. Subd. 2.-There is no appeal to the county court from the verdict of a jury given upon the laying out of a private road (The People v. Robinson, 17 How. 534; 29 Barb. 77).

d. The county court on appeal may reverse in part, and affirm in part, a judgment of a justice's court, for entire damages, when there are two or more independent causes of action (Staats v. Hudson River R. R. 23 How. 463).

e. Subd. S.-This subdivision confers jurisdiction on county courts respecting habitual drunkards in all cases (Davis v. Spencer, 24 N. Y. 386). f. Subd. 13.—Where the appeal from a justice's court to the county court is transferred to the supreme court by reason of the incapacity of the county judge to hear same, it must be heard in the first instance at a special term of the supreme court (Sheldon v. Albro, 8 How. 305; Davis v. Stone, 16 id. 508). The appeal is to be heard on the original papers; and no copy need be furnished for the use of the court (Willis v. Peck, 16 id 541); the appeal is to be heard in the county court of the county from which it was transferred, and in no other county (id.). From the decision at special term an appeal may be made to the general term (Davis v. Stone, supra). And where appeal is heard by the supreme court because of the incompetency of the county judge to hear same, the successful party is entitled only to the same costs as he would have been entitled to if the appeal had been decided by the county judge (Taylor v. Seely, 4 How. 314; O'Callaghan v. Carroll, 16 id. 327; Davis v. Stone, id. 538).

See sub. 2, of sec. 33, of this code, and note to sec. 60, post.

§31. (Am'd 1849, 1851.)

When open.


The county court is always open for the transaction of any business for which no notice is required to be given to an opposing party. At least two terms in each county for the trial of issues of law or fact, and as many more as the county judge shall appoint, shall be held in each year at the places in the counties respectively designated by statute for holding county or circuit courts, on such days as

the county judge shall from time to time appoint, and may continue as long as the court deem necessay.

Notice of such appointment shall be published in the State paper at least four weeks before any such term, and also in a newspaper, if any, printed in the county; so many of such terms as the county judge shall designate for that purpose, in such notice, may be held for the trial of issues of law, and hearing and decision of motions, and other proceedings, at which no jury shall be required to attend.

§ 32. (Am'd 1849.) Jurors.

Jurors for the county courts and courts of sessions shall be drawn from the jury-box of the county, and summoned in the same manner as for the trial of issues at a circuit court.

See Laws 1861, p. 14, ch. 8.


Of the Superior Court and Court of Common Pleas, in the city of New York,* and the Mayors' and Recorders' Courts in other cities.


Jurisdiction. Removal of causes.

34. Common Pleas for New York to review certain judgments. 35. General and special terms. Fees.

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33. (Am'd 1849, 1852.) Jurisdiction. Removal of causes. The jurisdiction of the superior court of the city of New York, of the court of common pleas for the city and county of New York,* of the mayors' courts of cities, and of the recorders' courts of cities, shall extend to the following actions:

1. To the actions enumerated in sections 123 and 124, when the cause of action shall have arisen, or the subject of the action shall be situated, within those cities respectively;

2. To all other actions where all the defendants reside, or are personally served with the summons, within those cities respectively, or where one or more of several defendants, jointly liable on contract, reside, or are personally served with the summons, within those cities respectively; except in the case of mayors' and recorders' courts of cities, which courts shall only have jurisdiction where all the defendants reside within the cities in which such courts are respectively situated. The supreme court may remove into that court any action brought under this subdivision and pending in the superior court or court of common pleas for the city and county of New York, and may change the place of trial therein, as if such action had been commenced in the supreme court; such order for removal and for change of place of trial to be made in the supreme court upon motion, and on filing a certified copy of such order in the office of the clerk of the superior court, or of the court of common pleas, such cause shall be deemed to be removed into the supreme court, which shall proceed therein as if the same had originally been commenced there; and the clerk with whom such order is filed, must forthwith deliver to the clerk of the county in which, by such order, the trial is ordered to be had, to be filed in his office, all process, pleadings, and proceedings relating to such cause. And any action or proceeding pending in any mayor's or recorder's court, in which the judge is for any cause incapable of acting, may by such court be transferred to the county court of the county; and thereupon the papers therein on file in the mayor's or recorder's court shall be transmitted to the county court; which shall thenceforth have jurisdiction of such action or proceeding.

3. To actions against corporations created under the laws of this State, and transacting their general business, or keeping an

* See Laws 1870, ch. 86, providing for the election of three additional judges of this court.

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