a. This Court has no jurisdiction to appoint a receiver of the property or effects of a foreign corporation, for the purpose of winding up its affairs. Day v. U. S. Car Spring Co., 2 Duer, 608.

b. This Court will not take jurisdiction to issue a commission of lunacy. Re Brown, 1 Abbott, 108.

c. This Court has jurisdiction whenever an action involves the determination in any form of any estate, any right, or any interest in and to land in the city of New York. Nichols v. Romaine, 9 Pr. R. 512.

d. This court has jurisdiction of all actions against foreign corporations, where the cause of action upon which the suit is brought arises within the city of New York; and in such case a voluntary appearance by the defendant (even without any service of summons) gives the court jurisdiction of the person. Watson v. The Ca

bot Bank, 5 Sand. 423.

e. As the jurisdiction of this Court is defined by statute, it is doubtful whether it can exercise any power beyond what is expressly given. In re the petition of Jay, 5 Sand. 674; and see People v. Porter, Duer, 709.

f. It is inexpedient for the superior court to grant the process of the court to compel the attendance of witnesses to be examined under a commission from a foreign country Ib.

g. It is doubtful whether this court has jurisdiction of a proceeding under the Revised Statutes for the dissolution of a moneyed corporation. Kattenstroth v. The Astor Bank, 2 Duer, 632. On this subject, Bosworth, J., said:

"Prior to the new Constitution, the jurisdiction was vested in the court of chancery. 2 R. S. 462. The act of 1847 (laws of 1847, p. 323, s. 16) devolved it upon the supreme court."

"If this court has jurisdiction, it acquires it under section 33 of Code, subd. 3. "The corporation is created under the laws of the State, is located and transacts its business in the city of New York."

"The proceeding is perhaps one coming within the definition of an action, s. 2. "Whether section 47 has the effect to continue the jurisdiction exclusively in the supreme court, and only conforms the proceedings to be had there to those prescribed by the Code, it is unnecessary to determine on this motion.

If this court has jurisdiction, then the Mayors' courts of cities, and the Recorders' courts of cities, also have it with respect to moneyed corporations created under the laws of this State and transacting their business in the cities where such courts are organized. I think it is clear that the code has not given this court authority to exercise any of the visitatorial powers over moneyed corporations which were vested in the court of chancery by art. 2 of title 4 of cap. 8 of 2 R. S., p. 462. Perhaps subd. 3 of sec. 33 of the code only relates to actions to recover a debt or damages, or such equitable relief as one natural person may claim of another." Ib.

h. For statutory provisions as to the superior court, see 2 R. S. 272, 317; laws of 1840, p. 223; ib. 1847, pp. 279, 560; ib. 1848, p. 497; ib. 1849, pp. 487, 168; ib. 1851, p.8; ib. 1852, p. 39; ib. 1855, ch. 575.

i. In Mahaney v. Penman, 1 Abbott, 34, it was held that a defendant cannot appear under protest to the jurisdiction based on a purely personal objection.

j. In Ford v. Babcock, 2 Sand. 518, 2 Code R. 50, the superior court, in denying the authority of a decision of the supreme court, decided that the superior court as now constituted is co-ordinate with the supreme court. The decisions of the latter are not authoritative, although to be treated with great respect; and the superior court, in the cases of Shore v. Shore, 2 Sand. 715; Bk. of Westerly v. Palmer, 2 Sand. 686, and other cases, made decisions adverse to decisions in the supreme court (see Reynolds v. Davis, 5 Sand. 267), and in like manner the court of common pleas for the city and county of New York, in Mills v. Winslow, 3 Code Rep., 44, refused to be bound by a decision of the superior court.

k. The superior court, in the case of Cashmere v. Crowell, 1 Sand. 715; 1 Code Rep. 95; Cashmere v. De Wolf, 2 Saud. 379, claimed and exercised a concurrent jurisdiction with the United States Court in Admiralty over a question of salvage, the case in other respects being within the scope of the jurisdiction of the superior court.

1. The superior court will not sanction any attempt by fraud and misrepresenta

tion to bring a party within the jurisdiction of this court. Carpenter v. Spooner, 2 *Code Rep. 140; 2 Sand. 717; 3 Code Rep. 23.

a. Thus, where a party was induced by a false statement to come within the jurisdiction of the court, and was then served with a summons in an action in that court, such false statement having been made for the purpose, the court on motion set aside the service, Ib.

NEW-YORK COMMON PLEAS.

b. Where in an action in the court of common pleas for the city and county of New-York, the defendant (a non-resident) was served with the summons out of the jurisdiction of the court, and he without objection or reservation gave notice of appearance, and then moved to set aside the proceedings for want of jurisdiction in the court over his person, the court held that the defendant, by appearing voluntarily and without objection, had conferred jurisdiction. Smith v. Dipeer, 2 Code Rep. 70. c. By laws of 1845, p. 250, it is enacted that the court of common pleas for the city and county of New-York is to have jurisdiction of judgments upon recognizan ces docketed with the county clerk under laws of 1844 see Gildersleeve v. The People, 10 Barb. 35.

d. This court has jurisdiction

To remit fines and forfeit recognizances in the same cases, and in like manner, as such power was heretofore given by law to courts of common pleas, and to correct and discharge the dockets of liens and of judgments entered upon recognizan ces, and to exercise in the city and county of New York all the powers and jurisdiction now or hereafter conferred upon or vested in the said court, or the county courts in their counties, and the powers and jurisdiction which were vested in the court of common pleas for the city and county of New York before the code. (Laws of 1854, p. 464. s. 6.)

e. In re De Angelis, 1 Code Rep. N. S. 349, it was held this court had no jurisdiction to award the custody of children during a divorce.

f. See 2 R. S. 272, 293, 317; Laws of 1852, p. 39; ib. 1855, ch. 575. w; ib.

MAYORS' AND RECORDERS' COURTS.

g. See 2 R. S. 293, 311.

MAYOR'S COURT OF ALBANY.

h. 2 R. S. 294, 295, ss. 5, 6. Laws of 1844, cap. 86. ib 1848, cap. 24. ib 1851, p. 907.

MAYOR'S COURT OF TROY.

i. By laws of 1849, p. 164, s. 4, authority is conferred on the recorder of Troy to exercise the power of a justice of the supreme court at chambers; but the section has been held to be unconstitutional. Griffin v. Griffith, 6 Pr. R. 428.

RECORDER'S COURT OF BUFFALO.

j. 2 R. S. 302, s. 63. Laws of 1848, p. 481, cap. 362; 1850, p. 208.

RECORDER'S COURT OF OSWEGO

k. Laws of 1848, p. 490, cap. 374, s. 3, and Laws of 1849, p. 186.

RECORDER'S COURT OF UTICA.

1. 2 R. S. 307, s. 89. Laws of 1844, cap. 320. Ib. 1846, cap. 95.

MAYOR'S COURT OF ROCHESTER.

m. Abolished, see laws of 1849, p. 435.

The City Court of Brooklyn.

n. Prior to the first day of May, 1849, the local court of the city of Brooklyn was styled "The Municipal Court of the City of Brooklyn ;" but, by a law which went into operation on the first of May, 1849 (Laws of 1849, cap. 125, p. 170), it is by § 38 enacted that all acts, and parts of acts, which relate to the organization of the municipal court of the said city of Brooklyn, the proceedings therein, and the jurisdiction and powers of the justices thereof, are hereby repealed. By the same law, which

is entitled "An act to establish courts of civil and criminal jurisdiction in the city of Brooklyn," it is enacted :

SECTION 1. There shall be elected in the city of Brooklyn, at the next chapter election to be held in said city, and every six years thereafter, a city judge, who shall hold his office for six years from the first day of May next after his election, and shall be subject to removal in the same manner as the county judge.

SEC. 2. The said judge alone, or, in case of his absence, inability to attend, or vacancy in such office the mayor and any two aldermen of said city, shall hold a court of civil jurisdiction, to be called, "The City Court of Brooklyn," which shall be a court of record, and its jurisdiction shall extend to the following actions:

1. To the actions enumerated in section 103 of the code of procedure, when the cause of the action shall have arisen, or the subject of the action shall be situate, within the said city.

2. To all other actions where all the defendants shall reside, or be personally served with the summons, within said city.

3. To actions against corporations created under the laws of this State, and transacting their general business within said city, or established by law therein.

What section is intended by the words, "section 103 of the code of procedure"? Do they mean section 103 of the code of 1848, or section 103 of the code of 1849? The law establishing the city court of Brooklyn was passed March 24, 1849, and this section of it took effect on the first day of May, 1849. The code of 1849, passed 11 April, 1849, and took effect on the twentieth day after its final passage (1 May, 1849, Gamble v. Beattie, 4 Pr. R. 41). Thus, the law establishing the city court of Brooklyn, and the code of 1849, took effect simultaneously. If by section 103 is meant section 103 of the code of 1848, that includes sections 123 and 124 of the code of 1849 and of the present code; but if section 103 should be held to mean section 103 of the code of 1849, that section relates to the time of limitation of actions by aliens.

SEC. 3. The said court shall be held once in each month, and shall commence on the first Monday thereof, and may be continued for four weeks.

The following notice is posted in the clerk's office of this court:

Terms every month, from the first Monday, and last [continue] four weeks.

Saturday in each week will be appropriated by the court to the trial of issues of law.

Notes of issue must be left with the clerk before Thursday preceding the first day of term.

See section 13, infra.

SEC. 4. The said court shall possess the power and authority, in relation to actions in said court and the process and proceedings therein, as are possessed by the supreme court in relation to actions pending in the said supreme court.

And all laws regulating the practice of the supreme court and the course of procedure therein, shall, as far as practicable, apply to and be binding upon the said city court; and the said city court shall have power to review all of its decisions, and to grant new trials.

SEC. 5. Every judgment of said city court may be docketed, and shall be a lien in the like manner, and to the same extent, as judgments recovered in the supreme court. And the said city court shall have the same power over the dockets of its judgments in the office of any county clerk, and over such county clerk in respect to the same, as, for the time being, may be possessed by the supreme court in respect to the dockets of judgments in the supreme court. And the said city court shall possess the like powers, in relation to process which may be issued out of said court, as is now possessed by the supreme court in relation to process issued out of the said supreme court.

SEC. 6. [Amended by laws of 1850, p. 148, § 1.] An appeal may be taken from any judgment or final determination of said city court, and from any intermediate order involving the merits and necessarily affecting the judgment, to the supreme court, at a general term thereof; and all provisions of law relative to appeals from courts of inferior jurisdiction to the supreme court shall apply to appeals from said city court.

How is the appeal to be made? All the provisions of law relative to appeals from courts of inferior jurisdiction to the supreme court apply; these are sections 344, 345, 346, and 347 of the code, which embrace the whole of chapter 3 of title 1. of part 2 of the code. The appeal would therefore seem to be an enumerated motion. Rule 27 of supreme court rules, and see also rules 28, 29, and 30 of the supreme court rules which probably apply.

SEC. 7. [Amended by laws of 1850, p. 148, § 2.] There shall be a clerk of

said court, to be appointed by the said court, who shall have power to take acknowledgment of satisfaction of judgments in said court, to be recorded in any county in which judgment may be docketed. He shall receive the same fees for his services in civil cases as is provided for similar services by the county clerk, and shall pay such fees to the county treasurer of the County of Kings.

The said clerk shall, at the SEC. 8. [Amended by laws of 1850, p. 148, § 3.] expense of the county, provide such necessary books as may be required for the discharge of his duties as such clerk. He may appoint a deputy who shall, in the absence of the clerk from his office or from the court, possess all his powers and perform all his duties.

SEC. 9. [Amended by laws of 1850, p. 149, § 4.] The said city court shall devise its own seal, at the expense of said county of Kings; and a description thereof, attested by the said clerk, shall be deposited with the secretary of state.

SEC. 10. [Amended by laws of 1850, p. 149, § 5.] The said city court, and the office of the clerk thereof, shall be held at the city hall of the city of Brooklyn; and the supervisors of the county of Kings shall, at the expense of said county, furnish and provide all apartments and accommodations necessary for the said court, And the mayor and aldermen of the city of Brooklyn, while sitting as members of the said city court, shall each be entitled to receive for their services in that capacity, the sum of three dollars per day, to be paid by the county treasurer of the county of Kings, on the certificate of the clerk of the said city court.

SECS. 11 and 12 relate exclusively to the criminal jurisdiction of the court.

SEC. 13. [Amended by laws of 1850, p. 149, § 6.] The said court shall be held once in each month, and shall commence on the first Monday thereof, and may be continued for four weeks. The terms of the said court held in the months of May, July, September, November, January, and March, in each and every year, shall be devoted exclusively to the transaction of civil business, and trials in civil cases; and the trials held in the months of June, August, October, December, February, and April, shall be exclusively devoted to the transaction of criminal business and trials in criminal cases.

SEC. 22. The fees to be allowed and paid to the attorneys and counsellors of the said court, and the costs to be allowed and recovered in civil suits and proceedings therein, shall be the same costs and fees as are allowed and recovered for similar services in the supreme court.

See the Code, s. 303-322, both inclusive.

Can this court make an allowance in addition to the costs?

SEC. 23. The said city judge may constitute a member of any court of oyer and terminer to be held in and for the county of Kings, and for that purpose shall possess all the powers and authority of a judge of the county court.

SEC. 26. The said city judge shall have all such power and authority at chambers, touching any suit or proceeding in said city court, as the respective justices of the supreme court, from time to time, shall be authorized to exercise touching like suits or proceedings in the supreme court. He may also exercise within the county of Kings all the powers of a justice of the supreme court at chambers; and perform all such duties and do all such acts as might have been done or performed by the laws in force on the 12th of May, 1847, by the judges of the court of common pleas, or any one or more of them at chambers or otherwise when not holding court, or by any such judge being of the degree of counsellor of the supreme court, and acting as a supreme-court commissioner.

d. The 12th of May, 1847, the date mentioned in the last section, is the date of the passage of the judiciary act of 1847. The like powers as are given to the city judge by this section are given to county judges by the amended judiciary act, Laws of 1847, p. 643, § 27.

a. The following were the powers and duties of the supreme-court commissioners (2 R. S., 4 ed., 468.)

b. SEC. 14. [18] Supreme court commissioners duly appointed according to law, shall severally be authorized and required to perform all the duties, and to exeeute every act, power and trust, which a justice of the supreme court may perform and execute, out of court, according to the rules and practice of such court, and pursuant to the provisions of any statute, in all civil cases, except as herein otherwise provided.

SEC. 15. [19.] But where any power is given in express terms by any statute to the justices of the supreme court and the circuit judges, or either of them, without naming supreme-court commissioners in such statute, such commissioners shall not be authorized to exercise any such power.

SEC. 16. [20.] No such commissioner shall be authorized to grant any order to stay proceedings in any cause in which a verdict shall have been rendered.

SEC. 17. [21] No supreme-court commissioner shall grant any order to stay proceedings on any capias ad respondendum, or on any other attachment.

SEC. 18. [22] Where an execution shall have been issued, an order to stay proceeedings thereon, granted by a supreme-court commissioner, shall not prevent a levy on property by virtue of such execution, but shall only suspend a sale thereon until the decision of the supreme court upon the matter.

SEC. 18. [23.] Nor shall any such commissioner grant any order to stay proceedings on any execution against the body of a defendant, unless such defendant shall have executed to the plaintiff, and delivered to such commissioner, a bond for the use of such plaintiff, in a penalty double the amount required, to be collected by such execution, with two sufficient sureties, who shall swear that they are each worth the amount of such penalty over and above all debts; conditioned that such defendant shall be found within the county to which such execution was directed, so as to be arrested upon any execution that may be issued against his body, on the same judgment, within six months from the date of such bond.

SEC. 20. [24.] Such bond shall be filed by the commissioner, in the office of a clerk of the supreme court, within 20 days after the same shall have been taken, and shall be delivered by such clerk to the plaintiff whenever the condition thereof shall be broken.

SEC. 21. [25.] In every order to stay proceedings on an execution against the body of a defendant, shall be stated the fact of a bond having been given as required by this title; and if not so stated, such order shall be void.

SEC. 22. [26.] Where the supreme court shall have made any order in reference to a matter, such order shall not be suspended, or in any manner affected, by any order granted by a supreme-court commissioner.

SEC. 23. [27.] If any application for any order be made to any justice of the supreme court, circuit judge, or supreme-court commissioner, and such order be refused in whole or in part, or be granted conditionally, or on terms, no subsequent application in reference to the same matter and in the same stage of the proceedings, shall be made to any other supreme-court commissioner; and if upon any such subsequent application any order be made by a supreme-court commissioner, it shall be revoked by such commissioner, or by any justice of the supreme court, or circuit judge, upon due proof of the facts. (4 Hill, 556.)

SEC. 24. [28.] Every person making such subsequent application contrary to the foregoing provision, with knowledge of any previous application and refusal, shall be liable to be punished by fine and imprisonment by the supreme court, and shall be proceeded against as prescribed in title 13th of the 8th chapter of this act.

SEC. 25. [29.] No supreme-court commissioner shall be authorized to grant any order on the application of any attorney, counsellor, or party, residing more than 40 miles from the residence of such commissioner, if there be an officer authorized to grant such order, residing within 40 miles of the applicant therefor.

SEC. 26. [30.] No supreme-court commissioner having a law-partner in whose name the business of the copartnership shall be carried on, shall be competent to perform any act authorized in this title in any suit or proceeding in which such partner shall be in anywise interested.

SEC. 27. [31] The supreme court shall have power by general rules to prescribe any other cases in which supreme-court commissioners shall not be authorized to grant any orders in relation to suits pending in such court, and to prescribe the terms and conditions on which orders may be granted in any specified class of cases, and also by order in any particular case to forbid the interference of any such commissioner.