3. Q. What provision is made by statute for summoning petit jurors?

4. The county judge in any of the counties of this state is hereby authorized, at the time of drawing grand and petit jurors to attend any county court or court of sessions to be held in their respective counties, to designate any day during said term that he may deem expedient, on which the petit jurors shall be required to attend for trial of issues of fact; and it shall be the duty of the sheriff of the county to summon such petit jurors to attend such court, on the day designated by the county judge. The petit jurors so summoned shall attend such court on the day designated pursuant to the first section of this act, and shall receive compensation for their attendance from that day only (Laws uf 1861, p. 14, ch. 8).

4. Q. When is an irregular impanneling of jurors waived?

A. In Enos agt. Dayharsh, 1 Seld., 533, December, 1851, PAIGE J., said: "I think the defendant, having failed to take his objection at the proper time, must be regarded as waiving the irregularity of the trial by the court and jury, and acquiescing in or consenting to such trial. This is not a jurisdictional question. The court had jurisdiction both of the cause and of the parties; but by a mistake in the adoption of the Code, it had no power to try the cause by a jury (the action having been commenced and an issue of fact joined therein before the Code). We must regard the trial (by a jury of less than the legal number) as a trial by the consent of parties. A party may silently acquiesce in or expressly consent to an irregular impanneling of the jury, or to a trial by a jury of less than the legal number, or by incompetent jurors. (10 John. 107; 2 John. 385; 9 John. 352, 354; 11 John. 134; 17 John. 133; 9 Bing. 13; 6 Taunt. 460; 4 Bar. & Aud. 430; 2 T. R. 385.) Consent, either express or by implication, waives all objection to irregularities which occur in the progress of a cause."

What is the result of the decisions under this section?

1. Where parties proceed to trial before a jury (of less than the legal number), without objection to the manner in which such jury was summoned or impanneled, it is too late, after verdict, to make such objection.

2. A court of record having jurisdiction of a common law action pending in such court, in which an issue of fact is joined by the parties, in the absence of any statutory provision on the subject, may order the summoning of a jury to try such issue.

TITLE V.

Of the Superior Court and Court of Common Pleas in the City of New York, and the Mayors' and Recorders' Courts in other Cities.

SECTION 33.

Jurisdiction of the courts named in this title.

34. Court of common pleas for New York has power to review judgments of the marine and justices' courts.

35.

General and special terms of the superior court and common pleas to be appointed.

36. By whom held.

37. Judgment, where given.

38. Concurrence of two judges necessary.

39. Criers, how appointed. Salaries, how fixed.

40. Superior court, of whom to consist.

41. Three justices of superior court to be elected.
42. How voted for.

43. How classified.

44. Expiration of terms and vacancies, how filled.

45. Powers of judges, and their salaries.

46. Terms of superior court, and by whom held.

47. Certain civil suits may be transferred from the supreme to the superior

court.

48. Jurisdiction of the superior court in such cases.

49. Judges to hear for two years, suits transferred from supreme court.

50. Appeal to the court of appeals.

51. Section 28 applied to superior court.

33. Jurisdiction of the courts named in this title.

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 office for the transaction of business, within those cities respectively, or established by law therein, or created by or under the laws of any other state, government or country, for the recovery of any debt or damages, whether liquidated or not, arising upon contract made, executed or delivered within the state, or upon any cause of action arising therein.

1. Q. Has this section been amended since its passage in 1818?
Answer. It has, in 1849 and 1852, which last amendment reads as above.

2. Q. How did this section read in 1848 and 1849? A. As follows:

39. [1848.] 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 the cities of Albany, Hudson, Troy and Rochester, and of the recorders' courts of the cities of Buffalo and Utica, shall extend to the following actions:

1. To the actions enumerated in section 103, 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 shall reside or be personally served with the summons within those cities, respectively.

3. To actions against corporations created under the laws of this state, and transacting their general business, or keeping an office for the transaction of business, within those cities, respectively, or established by law therein.

§33. [1849.] 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 shall reside or be 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 shall reside within the cities in which such courts are respectively situated. The supreme court shall have power and authority to remove, by order, into the said supreme court, and the same power and authority to change the place of trial to any other county of this state, of any transitory action pending in said superior court, or court of common pleas for the city and county of New York, which it would have, had such action been commenced in said supreme court. Such order for removal and for change of place for trial shall 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 said superior court, or of the said 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 of either of said courts in which such order shall be filed shall 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.

3. To actions against corporations created under the laws of this state, and transacting their general business, or keeping an office for the transaction of business, within those cities, respectively, or established by law therein, or created by or under the laws of any other state, government or country, for the recovery of any debt or damages, whether liquidated or not, arising upon contract made, executed or delivered within the state, or upon any cause of action arising therein.

Questions.

3. Q. What are the statute provisions organizing this court, and what amendments have been made since its organization?

4. Q. When has the superior court and court of common pleas the same jurisdiction in civil actions as the supreme court, and where are their decisions reviewed?

5. Q. What jurisdiction had this court under section 103, in 1848, for injuries to per sonal property?

6. Q. What power and jurisdiction has this court in criminal cases?

7. Q. When has this court authority to issue an attachment against property?

8. Q. Does this court acquire jurisdiction over a person who has been induced by fraud to come within its jurisdiction?

9. Q. What is the jurisdiction of this court in suits affecting real property?

10. Q. What jurisdiction has this court in actions against joint debtors ?

11. Q. Has this court power to aid, by its process, the execution of foreign commissions?

12. Q. What jurisdiction has this court in actions against foreign corporations?

13. Q. What jurisdiction has this court acting as a court of equity?

14. Q. Has this court jurisdiction over questions of salvage?

15. Q. What jurisdiction has this court in actions against moneyed corporations?

16. Q. Has this court power to compel the discovery and production of books and papers? 17. Q. Has this court authority to issue a commission of lunacy?

18. Q. Is the removal of a cause from this court into the supreme court a matter of dis cretion?

19. Q. What is the general jurisdiction of the Superior Court of Buffalo?

20. Q. When has the New York Superior Court power to try a cause against a public officer of another county?

21. Q. When has the court of common pleas jurisdiction in actions against foreign corporations?

22. Q. When will the common pleas refuse to require a non-resident plaintiff to file security for costs?

23. Q. When has the court of common pleas power over judgments of other courts by the filing of transcripts?

24. Q. When has the court of common pleas jurisdiction in actions against several defendants, some of whom are non-residents?

25. Q. Has the court of common pleas exclusive jurisdiction to render judgments on mechanics' liens?