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$340. Jurisdiction. [AMENDED BY CH. 416 OF 1877.] The jurisdiction of each county court extends to the following actions and special proceedings, in addition to the jurisdiction, power, and authority, conferred upon a county court, in a particular case, by special statutory provisions:

1. To an action for the partition of real property; for dower; for the foreclosure, redemption, or satisfaction of a mortgage upon real property; or to procure a judgment requiring a specific performance of a contract, relating to real property; where the real property, to which the action relates, is situated within the county; or to foreclose a lien upon a chattel, in a case specified in section seventeen hundred and thirty-seven of this act, where the lien does not exceed one thousand dollars in amount, and the chattel is found within the county.

2. To an action in favor of the executor, administrator or assignee of a judgment creditor, or in a proper case, in favor of the judgment creditor, to recover a judgment for money remaining due upon a judgment rendered in the same court.

3. To an action for any other cause, where the defendant is, or, if there are two or more defendants, where all of them are, at the time of the commencement of the action, residents of the county, and wherein the complaint demands judgment for a sum of money only, not exceeding one thousand dollars; or to recover one or more chattels, the aggregate value of which does not exceed one thousand dollars, with or without damages for the taking or detention thereof.

4. To the custody of the person and the care of the property, concurrently with the supreme court, of a resident of the county, who is incompetent to manage his affairs, by reason of lunacy, idiocy, or habitual drunkenness ; and to every special proceeding, which the supreme court has jurisdiction to entertain, for the appointment of a committee of the person or of the property, of such an incompetent person, or for the sale or other disposition of the real property, situated within the county, of a person, wherever resident, who is so incompetent for either of the reasons aforesaid, or who is an infant; or for the sale or other disposition of the real property, situated within the county, of a domestic religious corporation. [AM'D BY CHAP. 946 OF 1895. In effect Jan. 1, 1896.]

§ 341. Domestic corporation, etc., when deemed resident, etc. the purpose of determining the jurisdiction of a county court, in either of the cases specified in the last section, a domestic corporation or joint-stock association, whose principal place of business is established, by or pursuant to a statute, or by its articles of association, or is actually located within the county, is deemed a resident of the county, and personal service of a summons made within the county, as prescribed in this act, or personal service of a mandate, whereby a special proceeding is commenced, made within the county, as prescribed in this act for personal service of a summons, is sufficient service thereof upon a domestic corporation, wherever it is located.

§ 342. Action, etc., wherein county judge is incapable to act. [AMENDED BY CH. 416 OF 1877.] If the county judge is, for any cause, incapable to act in an action or special proceeding, pending in the county court, or before him, he must make, and file in the office of the clerk, a certificate of the fact; and thereupon the special county judge, if any, and if not disqualified, must act as county judge in that action or special proceeding. Upon the filing of the certificate, where there is no special county judge, or the special county judge is disqualified, the action or special proceeding is removed to the supreme court, if it is then pending in the county court; if it is pending before the county judge, it may be continued before any justice of the supreme court within the same judicial district. The

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supreme court, upon the application of either party, made upon notice, and upon proof that the county judge is incapable to act in an action or special proceeding pending in the county court, may, and if the special county judge is also incapable to act, must make an order removing it to the supreme court. Thereupon the subsequent proceedings in the supreme court must be the same as if it had originally been brought in that court, except that an objection to the jurisdiction may be taken, which might have been taken in the county court.

§ 343. Supreme court may remove action, and change place of trial. The supreme court may, by an order, made at any time after joinder of an issue of fact, and before the trial thereof, remove to itself an action, brought in a county court, under subdivision second or subdivision third of the last section but two, for the purpose of changing the place of trial thereof. Where an order for removal is made, as prescribed in this section, the place of trial of the action must be changed by the same order to another county; and the subsequent proceedings therein must be the same, as if the action had been originally brought in the supreme court.

$344. Effect of order of removal; appeal, etc. An order of removal, made as prescribed in either of the last two sections, takes effect upon the entry thereof in the office of the county clerk. Where the order directs that the action be tried in another county, the clerk with whom it is 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 two hundred and seventy-one 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 invali date, 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.

49$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.

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§ 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 whosehands the money remains, must pay the same, or the part remitted, according to the order.

§ 351. Restrictions upon power to remit. The last section does not authorize a county court to remit any 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 officer 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. [AM'D BY CHAP. 946 OF 1895. In effect Jan. 1, 1896.]

§ 352. Notice of application, etc.; costs to be paid on 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 oppor-tunity to examine the matter, and prepare to resist the application. And upon granting such an order, the court must always impose, as a condicton 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.

§ 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 provisions contained, in the last three sections.

§ 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

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Tit. 5, Ch. 3. proceeding is brought, may make the same, out of court; and with like effect.

§ 355. County court when open; terms thereof. [AMENDED BY CH. 416 OF 1871.] The county court is alway open for the transaction of any business, for which notice is not required to be given to an 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 held in each year. Each term may continue as long as the county judge deems necessary. The county judge may, by a new appointment, change the day appointed for holding a term, or 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.

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.

§ 357. 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. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 358. Stenographers for county courts. The board of supervisors of any county except Kings, Livingston, Monroe, Cortland, Oswego, Westchester and Onandaga, 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. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 359. Stenographer for county court in Kings county. The county judges of the county of Kings, from time to time must appoint, and may at pleasure remove, a stenographer to be attached to the county court- of the county of Kings, who is entitled to a salary fixed and to be paid as prescribed by law. He must attend each trial of an issue of fact in the county court. The stenographer 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, and is not a county charge. [AM'D BY CH. 946 OF 1895. effect Jan. 1, 1896.]

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§ 360. Interpreter for county court, etc., in Kings county. The county judges and the surrogate of the county of Kings, from time to time must appoint, and may at pleasure remove an interpreter, to be attached to

the county court and the surrogate's court of the county of Kings. Before entering upon the discharge of his duties, he must file in the county clerk's office the constitutional oath of office, and an additional oath, which may be incorporated into the constitutional oath, to the effect that he will fully and correctly interpret and translate each question propounded to a witness and each answer thereto. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 361. Stenographers. The county judge in either of the counties of Livingston, 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 each day's attendance at the request of the judge. The stenographer's compensation is a charge upon the county, and in the 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 actually performd or the expenses necessarily incurred. Said stenographer shall also report and transcribe opinions for the county judge as well as special proceedings where a stenographer is required, without additional compensation. [AM'D BY CH. 946 of 1895. In effect Jan. 1, 1896.]

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