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entered, must forthwith deliver to the clerk of that county, all papers filed therein, and certified copies of all minutes and entries relating thereto; which must be filed, entered, or recorded, as the case requires, in the office of the last mentioned clerk. The provisions of section 271 of this act apply to an appeal taken from such an order.

§ 345. Stay of proceedings.

An order to stay proceedings, for the purpose of affording an opportunity to make the application for removal, may be made by the county judge, or by a judge authorized to make such an order in the supreme court, and with like effect and under like circumstances.

§ 346. Removal of action not to impair process, etc. The removal of an action or special proceeding, as prescribed in this title, does not invalidate, or in any manner impair, a process, provisional remedy, or other proceeding, or a bond, undertaking, or recognizance in the action or special proceeding so removed; each of which continues to have the same validity and effect, as if the removal had not been made. Where bail was given, the surrender of the defendant in the supreme court has the same effect, as a surrender in the county court would have had, if the action or special proceeding had remained therein.

§ 347. County court may send its process to any county. A county court has power, in an action or special proceeding of which it has jurisdiction, to send its process and other mandates into any county of the State, for service or execution, and to enforce obedience thereto, with like power and authority as the supreme court.

§ 348. When jurisdiction, etc., co-extensive with supreme court.

Where a county court has jurisdiction of an action or a special proceeding, it possesses the same jurisdiction, power and authority in and over the same, and in the course of the proceedings therein, which the supreme court possesses in a like case; and it may render any judgment, or grant either party any relief, which the supreme court might render or grant in a like case. and may enforce its mandates in like manner as the supreme court. And the county judge possesses the same power and authority, in the action or special proceeding, which a justice of the supreme court possesses, in a like action or special proceeding, brought in the supreme court.

§ 349. Power of county judge in special proceedings. The county judge also possesses the same power and authority. in a special proceeding, which can be lawfully instituted before him, out of court, which a justice of the supreme court possesses in a like special proceeding, instituted before him in like

manner.

§ 350. Fines and penalties; how remitted.

Upon the application of a person, who has been fined by a court, or of a person whose recognizance has become forfeited. or of his surety, the county court of the county in which the term of the court was held, where the fine was imposed, or the recognizance taken, may, except as otherwise prescribed in the

next section, upon good cause shown, and upon such terms as it deems just, make an order, remitting the fine, wholly or partly, or the forfeiture of the recognizance, or part of the penalty thereof; or it may discharge the recognizance. If a fine so remitted has been paid, the county treasurer, or other officer, in whose hands the money remains, must pay the same, or the part remitted, according to the order.

2 R. S. 486, § 37.

351. [Am'd, 1895.] Restrictions upon power to remit. The last section does not authorize a county court to remit aLy part of a fine exceeding two hundred and fifty dollars imposed by the supreme court upon conviction for a criminal offense; or a fine to any amount imposed by a court upon an oficer or other person, for an actual contempt of court, or for disobedience to its process, or other mandate; or to remit or discharge a recognizance taken in its county for the appearance of a person in another county. In the latter case, the power of remitting or discharging the recognizance is vested in the County court of the county, in which the person is bound to appear.

Id., § 38, am'd; L. 1895, ch. 946.

Notice of application, etc.; costs to be paid on

§ 352. remission.

An application for an order, as prescribed in the last section but one, cannot be heard, until such notice thereof as the court deems reasonable, has been given to the district-attorney of the county, and until he has had an opportunity to examine the matter, and prepare to resist the application. And upon granting such an order, the court must always impose, as a condition thereof, the payment of the costs and expenses, if any, incurred in an action or special proceeding for the collection of the fine, or the penalty of the recognizance.

Id., §§ 39 and 41.

§ 353. Fines imposed by justices of the peace; how remitted.

Where a person has been fined by a court of special sessions, or by a justice of the peace, upon a conviction for an offence, and has been committed to jail for non-payment of the fine, the County court of the county may make an order, remitting the fine. wholly or partly, and discharging him from his imprisonment. The power conferred by this section must be exercised in the manner prescribed, and subject to the provisions contained, in the last three sections.

Id., § 42.

I 354. Who may make orders.

In an action or special proceeding in a county court, an order may be made without notice, or an order to stay proceedings may be made upon notice, by a justice of the supreme court, or by the county judge of the county where the attorney for the applicant resides, in a case where the county judge, in whose court the action or special proceeding is brought, may make the same, out of court; and with like effect.

See L. 1847, ch. 280, § 34.

8 355. [Am'd, 1877.] County court when open; terms thereof.

The county court is always open for the transaction of any business, for which notice is not required to be given to au adverse party, except where it is specially prescribed by law that the business must be done at a stated term. The county judge must, from time to time, appoint the times and places for holding terms of his court. At least two terms, for the trial of issues of law or of fact, must be appointed to be hed in each year. Each term may continue as long as the county judge deems necessary. The county judge may, by a new ap-|| pointment, change the day appointed for holding a term, cr appoint one or more additional terms, or dispense with the?! holding of a term, without affecting any other term or terms theretofore appointed to be held. Each term must be held at the place designated by statute for that purpose; except that the county judge may, from time to time, adjourn a term to any place within the county, for the hearing and decision of motions and appeals, and trials and other proceedings without a jury and may appoint as many terms as he thinks proper to be held, either at the court-house or elsewhere in the county, for the same purpose.

See Co. Proc., § 31, and L. 1847, ch. 470, part of § 24.

§ 356. Notice of appointment to be published.

Each appointment, made as prescribed in the last section, must be filed in the county clerk's office, and a copy thereof published, at least once in each week, for three successive weeks before a term is held, changed, or dispensed with, by virtue thereof, in the newspaper in the city of Albany, in which legal notices are required to be published, and also in at least one newspaper, published in the county, and as many additional newspapers, published therein, as the county judge prescribes. The expense of the publication is a county charge.

§ 257. [Am'd, 1895.] Jurors, how drawn and notified. Jurors for the terms of the county court, at which issues of fact are triable by jury, must be drawn and notified in the same manner as for a trial term of the supreme court.

L. 1895, ch. 946.

§ 358. [Am'd, 1895.] Stenographers for county courts. The board of supervisors of any county, except Kings, Liv ingston, Monroe, Cortland, Oswego, Westchester and Onondaga, may, in their discretion, provide for the employment of a stenographer for the county court thereof, and when said board of supervisors shall so provide, the stenographer shall be appointed by the county judge, and said board of supervisors must fix his compensation and provide for the payment thereof in the same manner as other county expenses are paid.

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L. 1895, ch. 946.

§ 359. [Am'd, 1895-1896.] in Kings county.

Stenographer for county court

The county judges of the county of Kings, from time to time, must appoint, and may at pleasure remove, two stenographers to be attached to the county court of the county of Kings, who must attend each term of said court, and each of whom shall receive a salary of three thousand dollars per annum, to be paid by the treasurer of the county of Kings in equal monthly

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installments. Each of the stenographers appointed as prescribed in this section may, with the consent of the county judges, appoint an assistant stenographer, to aid him in the discharge of his duties, whose compensation shall be paid by the stenographer appointing him, and is not a county charge.

Each of said county judges shall also appoint a confidential clerk at a salary not to exceed two thousand dollars per annum, to be paid by the county treasurer of Kings county in equal monthly installments, such clerks to be exempt from competitive examinatou, and their fitness and qualifications for the office shall be approved by the judge making the appointment.

L. 1895, ch. 946. In effect Jan. 30, 1896. L. 1896, ch. 6.

360. [Am'd, 1895, 1896.] Interpreters for county court and surrogate's court in Kings county.

The surrogate and the county judges of Kings county must each from time to time appoint, and may at pleasure remove, interpreter to be attached respectively to the surrogate's Each interpreter ourt and the county court of said county. shall receive a salary of twelve hundred dollars per annum, to le paid by the county treasurer of said county in monthly nstallments. Each interpreter so appointed shall, before enter ing upon his duties, file in the office of the clerk of the county of Kings, the constitutional oath of office, in which there shall also be incorporated, language to the effect that he will fully and correctly interpret and translate each question propounded through him to a witness, and each answer thereto in said

courts.

L. 1895, ch. 946. In effect Feb. 29, 1896. L. 1896, ch. 46.

§ 361. [Am'd, 1895.] Stenographers.

The county judge in either of the counties of Livingston, tion Niagara, Monroe, Onondaga, Oswego or Cortland, where issues of fact are triable, may employ a stenographer to take stenographic notes upon trials thereat, who is entitled to a compensation to be certified by the judge, not exceeding ten dollars for ed each day's attendance at the request of the judge. The stenographer's compensation is a charge upon the county, and in the san counties of Livingston and Onondaga must be audited, allowed and paid as other county charges; and in the counties of Monroe, Niagara, Oswego and Cortland must be paid by the county treasurer, on an order of the court, granted on the affidavit of the stenographer, and the certificate of the judge that the services were rendered. The county judge of Erie county may appoint and may at pleasure remove a stenographer of said court, who must attend each term of the said court where issues of fact in civil and criminal cases are triable, and shall receive therefor a salary of fifteen hundred dollars per annum, together with his necessary expenses for stationery, to be paid by the treasurer of said county of Erie, in equal monthly installments, on the certificate of said judge that the services have been Said actually performed or the expenses necessarily incurred. stenographer shall also report and transcribe opinions for the county judge, as well as special proceedings where a stenogapher is required, without additional compensation. L. 1895, ch. 946.

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CHAPTER IV.

Limitation of the Time of Enforcing a Civil
Remedy.

TITLE I.-Actions for the Recovery of Real Property.

TITLE II.-Actions other than for the Recovery of Real Property.
TITLE III.-General Provisions.

TITLE I.

Actions for the recovery of real property.

Sec. 362. When the people will not sue.

363. Action by grantee from the State.

364. Action after annulling letters patent.

365, 366 Seizin within twenty years, when necessary, etc.

367. Action after entry.

368. Possession, when presumed; occupation presumed to be under legal title.

369. Adverse possession under written instrument or judgment.

370. Id.; what constitutes it.

371. Adverse possession under claim of title not written.

372. Id., what constitutes it.

373. Relation of landlord and tenant, as affecting adverse possession. 374. Right not affected by descent cast.

375. Certain disabilities excluded from time to commence action.

§ 362. When the people will not sue.

The people of the State will not sue a person for or with respect to real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless either,

1. The cause of action accrued within forty years before the action is commenced; or,

2. The people, or those from whom they claim, have received the rents and profits of the real property, or of some part thereof, within the same period of time.

Co. Proc., 75, am'd.

§ 363. Action by grantee from the State.

An action shall not be brought for or with respect to real property, by a person claiming by virtue of letters patent or a grant, from the people of the State, unless it might have been maintained by the people, as prescribed in this title, if the patent or grant had not been issued or made.

Id., § 76.

§ 364. Action after annulling letters patent.

Where letters patent or a grant of real property, issued or made by the people of the State, are declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion or concealment, or of a forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title; an action of ejectment, to recover the premises in question, may be commenced, either by the people, or by a subsequent patentee or grantee of the same premises, his heirs, or assigns, within twenty years after the determination is made; but not after that period.

Id., 77.

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