Слике страница

sol. Act.

§ 337. [Am'd 1877.] A justice of the court may, by an 1233, Con instrument under his hand, suspend a stenographer, or an officer specified in the last section, for a period not exceeding ten days from the filing thereof. Such an instrument must express the cause of the suspension; it must be filed in the office of the clerk of the city and county of New York; and it may be revoked, at any time before the expiration of the period of suspension, by an instrument filed in like manner, under the hand of the justice who executed the first instrument, or the hands of a majority of the justices of the court. Where such an instrument has been revoked, the officer shall not be again suspended for the same cause.

$338. A mandate of the court can be executed only 1233, Conwithin the city of New York, except as follows:

sol. Act.
4 Civ Pro.

1. An execution upon a judgment rendered therein, for a sum exceeding twenty-five dollars, may be issued out of the 327. court, tested in the name of the chief-justice thereof, to the sheriff of any county, wherein the judgment has been duly docketed.

2. A subpoena may be served within either of the counties of Richmond, Kings, Queens, or Westchester.

3. A warrant to apprehend a witness for a failure to obey a subpoena may be executed by the sheriff of the city* and county of New York, or a marshal of that city, within either

of those counties.

4. An order duly made, in an action pending in the court, requiring the performance of an act by a party thereto, or by an officer, may be served upon a person bound to obey the order, and his obedience thereto may be required in any part of the State.

5. An order to show cause, why a person should not be punished for a contempt of the court, may be served by any person in any part of the State.

6. A warrant to apprehend, and bring before the court, a person charged with such a contempt, may be executed by the sheriff of the city and county of New York, or a marshal of that city, in any part of the State.

§ 339. [Am'd 1895, amendment to take effect January 1, 1896.] In an action brought in the court, an order of arrest, sol. Act. ? 1234, Cona warrant of attachment, an execution, or a requisition to replevy a chattel, must be directed to and executed by the sheriff. Any other mandate, which must have been directed to and executed by the sheriff of the city and county of New York, if it issued out of the supreme court, may, where it issues out of the city court, be directed to and executed either by that sheriff, or a marshal of that city named therein. A marshal is entitled to the same fees as the sheriff, upon a mandate directed to him, or upon the service of a summons; and each provision of law, relating to the execu tion of a mandate by the sheriff, and the power and control of the court over the sheriff executing the same, applies to the marshal. The return of a marshal to such a mandate, or his certificate of the execution thereof, or of the service of any paper served by him, has the same force and effect as the like return and certificate of a sheriff.

[merged small][merged small][merged small][merged small][merged small][ocr errors]

•See note to § 3159 as to construction of "city" under § 1345 of "Th Greater New York Charter."

30 Hun, 230. 111 N.Y. 544

122 N. Y. 84.

76 Hun, 544.

83 Hun, 284.

34 Hun, 602

[blocks in formation]

§ 340. [Am'd 1877, 1895, amendment to take effect January 1, 1896.] 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 two 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 custoly 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 drunkeness; 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.

$341. Domestic corporations, etc., when deemed resident. [Am'd 1899, amendment to take effect September 1,

1899. ]—For 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 lo ated within the county, or in case of a railroa'l corporation where any portion of the road operated by it is within the county, it 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.

10 Id. 317.

342. [Am'd 1877.] If the county judge is, for any cause, 5 App. Div incapable to act in an action or special proceeding, pending 20 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 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. 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. 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. 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. The removal of an action or special proceeding

24 Hun, 548.

30 App. Div. 173

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. 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. Where a county court has jurisdiction of an action 23 Misc 235, 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. 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 him in manner.

$350. Upon the application of a person, who has been fined by a court, or of a person whose recognizance has becom 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.

§ 351. [Am'd 1895, amendment to take effect January 1, 1896] 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 cr 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 recog-. nizance is vested in the county court of the county in which the person is Lound 10 appear.

$352. An application for an order, as prescribed in the last sectia but no, cannot be heard, until such notice thereof

$$ 353-355



as the court deems reasonable, has been given to the districtattorney 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 condiction [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.

§ 353. Where 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 nonpayment 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.

§ 354. 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 th: 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.

2355. [Am'd 1877.] The county court is always 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 theret fore appointed to be held. Each term must be held at the place designated by statute for that purpose; except that the county judge may,

« ПретходнаНастави »