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of the county court, and a justice thereof in place of the county judge.

L. 1895, ch. 946.

§ 319-a. [Added, 1913.] Removal of cause in certain cases from city court to supreme court..

The supreme court, at a term held in the first judicial district, must, on the motion of any party, by an order made at any time before the entry of judgment, remove to itself an action brought in the city court of the city of New York in the following cases:

1. An action to foreclose or enforce a lien, for a sum exceeding two thousand dollars, exclusive of interest, upon one or more chattels.

2. An action wherein the complaint demands judgment for a sum of money only, exceeding two thousand dollars, exclusive of interest and costs as taxed; except where the action is brought upon a bond or undertaking given in an action or special proceeding in the same court, or before a justice thereof; or to recover damages for a breach of promise of marriage; or where it is a marine cause, as that expression is defined in section three hundred and seventeen of this code.

3. An action to recover one or more chattels the aggregate value of which exceeds two thousand dollars.

Upon the entry of the order of removal in the office of the clerk of the county of New York, the city court shall proceed no further therein, and the clerk of the city court must forthwith deliver to the clerk of the county of New York 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 clerk of the county of New York, and thereupon the supreme court shall proceed in said action as though said action had been commenced in said supreme court, and all proceedings had in the city court prior to the entry of said order of removal shall be of like force and effect as though had in the supreme court.

Added by L. 1913, ch. 210. In effect April 4, 1913.

§ 319-b. [Added, 1913.] Vacation of judgment in certain

cases.

Whenever judgment has been or shall be entered in the city court of the city of New York in any one or more of the following cases, to-wit:

1. An action to foreclose or enforce a lien, for a sum exceeding two thousand dollars, exclusive of interest, upon one or more chattels;

2. An action wherein the complaint demands judgment for a sum of money only, and the judgment is in favor of the plaintiff, and exceeds two thousand dollars, exclusive of interest and costs as taxed; except where the action is brought upon a bond or undertaking given in an action or special proceeding in the same court or before a justice thereof; or to recover damages for a breach of promise of marriage; or where it is a marine cause, as that expression is defined in section three hundred and seventeen of this code.

3. An action to recover one or more chattels, and the judgment is in favor of the plaintiff for a chattel or chattels, the aggregate value of which exceeds two thousand dollars.

Any party to such action, at any time after the entry of such judgment, may apply to the said city court to have such judgment vacated, and thereupon the said city court may in its discretion vacate such judgment. Any case, wherein a judgment has been so vacated, may be removed to the supreme court in the first judicial district, as provided in section three hundred and nineteen-a.

Added by L. 1913, ch. 211. In effect April 4, 1913.

{ 520. [Am'd 1877, 1907.] Justices; their general duties. The court consists of ten justices, one of whom is the chiefjustice of the court. Each justice must perform his share of the labors and duties appertaining to the office. One of the justices must attend at the chambers of the court, from ten o'clock in the morning until four o'clock in the afternoon of each day, except Sunday, a public holiday, or a day upon which the inhabitants of the city of New York generally refrain from business. Each justice, while in the rooms of the court, and not actually engaged in the performance of other official duties, must act upon any application for his official action, properly made to him. The justice, assigned to a trial term or a special term, must remain in attendance, until the day calendar is disposed of, or for such other time as is reasonable.

L. 1849, ch. 144, §§ 1 and 8; L. 1852, ch. 389, § 1; L. 1870, ch. 580, § 2 and L. 1872, ch. 629. § 4. See, also, 2 R. L., § 108; am'd 1907, ch. 707. In effect Aug. 12, 1907.

321. How suspended from office.

Where it appears presumptively, to the satisfaction of the governor, that a justice of the court has been guilty of corruption, or other gross misconduct in office; or habitually neglects to perform his share of the labors and duties appertaining to the office; or is incapable of properly discharging the same; the governor may, in his discretion, make an order, suspending that justice from the exercise of the duties of his office, and directing that his compensation cease. Such an order must recite the grounds upon which it is made; and it remains in force, unless it is sooner revoked by the governor, until the final adjournment of the next session of the legislature; or, if the legislature is then in session, until the final adjournment of that session.

L. 1849, ch. 144, § 9.

§ 5.2. [Am'd, 1802.] Chief justice; how designated; his geacral duties, et cetera.

The justices of the court, or a majority of them, must, from time to time, as a vacancy occurs in the office of chief justice, designate one of their number to be chief justice. A certificate of the designation, under the hands of the justices making the same, must be filed in the office of the clerk of the court. The person so designated shall be chief justice during his term of office. The chief justice has the like authority, within the jurisdiction of the court, as a presiding justice of the supreme

court.

L 1872, ch. 629, § 4, am'd; L. 1902, ch. 515. In effect Sept. 1, 1902.

§ 323. [Am'd, 1909.] Justices may make rules.

The justices of the court, or a majority of them, may, from time to time, establish rules of practice for the court, not inconsistent with this act, or with the general rules of practice, established as prescribed in section ninety-four of the judiciary law. The latter govern the practice in the court, as far as they are applicable thereto.

L. 1875, ch. 479. § 56. Am'd by L. 1909, ch. 65, § 3. See note 38 of notes of Board of Statutory Consolidation at end of code.

§ 324. [Am'd, 1902.] Court when open; justices to designate terms; routine of business, et cetera.

The court is always open for the transaction of any business, for which notice is not required to be given to an adverse party. The justices of the court, or a majority of them, from time to time must appoint, and may alter, the times of holding special and trial terms of the court. They must prescribe the duration of the terms; designate the trial terms at which jurors are required to attend; and assign the justice to preside and attend at each of the terms so appointed. In case of the inability of a justice to preside or attend, another justice may preside or attend in his place. Each trial and special term must be held by one justice. Two or more special or trial terms may be appointed to be held at the same time.

L. 1872, ch. 629, § 4. Am'd, L. 1902, ch. 515. In effect Sept. 1, 1902.

325. Terms where held; publication of appointments. Each term so appointed must be held at the city-hall in the city of New-York, except that auxiliary or additional parts, for the transaction of any business specified in the appointment, may be held elsewhere within the city of New-York, as designated in the appointment. An appointment must be published in two newspapers, published in the city of New-York, at least once in each week, for three successive weeks, before a term is held in pursuance thereof.

L. 1875, ch. 479, § 38.

326. Justices may take oaths, acknowledgments, etc. Each of the justices may, within the city of New-York, administer an oath, or take a deposition, or the acknowledgment or proof of the execution of a written instrument, and certify the same, in like manner and with like authority and effect, as a justice of the supreme court.

L. 1874, ch. 545, § 8, am'd.

§ 327. [Am'd, 1895.] Orders, etc., how made.

In an action brought in the court, an order cannot be made, or a warrant of attachment granted, by an officer, other than a justice of the court; and each provision of this act, which empowers an officer, other than a judge of the court in which an action is brought, to make an order therein, must be construed as being exclusive of an action brought in the city court.

L. 1895, ch. 946.

§ 328. [Am'd, 1891, 1896, 1907, 1910, 1911, 1912.] Clerk, deputy clerk, assistants, stenographers, and typewriter operators.

The court has a clerk who is appointed, and may be removed, by the justices thereof, or a majority of them for cause upon charges and after a hearing after notice, and who shall receive a salary of six thousand dollars per annum. The justices of the court or a majority of them must appoint, and may remove, six deputy clerks and not more than twenty-one assistants, and a stenographer and typewriter operator for the purpose of copying their minutes and opinions and doing such other confidential work which may be required by said justices or the clerk of the court. The clerk is responsible for the faithful discharge of his duty by each deputy clerk, and each assistant and the stenographer and typewriter operator. Each deputy clerk, each assistant, and the stenographer and typewriter operator, is entitled to a salary, fixed and to be paid as prescribed by law.

L. 1891, ch. 154; L. 1896, ch. 662; L. 1907, chs. 707, 708; L. 1910, ch. 579; L. 1911, ch. 328; L. 1912, ch. 466, in effect Sept. 1, 1912.

329. [Am'd, 1907.] General duties of deputy clerk. The deputy clerk has all the powers, and may perform all the duties of the clerk, when the office of clerk is vacant, or at the clerk's office, when the clerk is absent therefrom, or at a term or sitting of the court which the deputy clerk attends.

Substituted for part of L. 1857, ch. 295; § 6; Am'd L. 1907, ch. 708. In elect Aug. 12, 1907.

i 330. [Am'd, 1877.] Special deputy-clerks.

The clerk may designate as many of his assistants, as the justices of the court, or a majority of them deem necessary, as special deputy-clerks. Each special deputy-clerk possesses, in the absence of the clerk and a deputy-clerk, the same powers as the clerk, at any sitting or term of the court which he attends, with respect to the business transacted thereat.

331. [Am'd, 1877.] Clerk to account monthly for fees, and pay over the same.

The clerk must receive, for the use of the city of New-York, the fees allowed by law. He shall not perform any service, for which a fee is allowed by law, until the fee therefor is paid to him. He must, on the first day of each month, or within three days thereafter, render to the comptroller of the city, an account, under oath, of all fees received, directly or indirectly, during the preceding month, by him, or by a deputy-clerk, or either of his assistants, for any official service; and he must, at the same time,

When

pay the same into the treasury of the city of New-York.
the return and payment are so made, the clerk is entitled to re-
ceive his compensation, for the period included in the return.
He is not entitled to compensation for a period, for which he has
not made his return and payment.

L. 1849, ch. 144, § 5, am'd.

§ 332. [Am'd, 1906, 1907, 1918.]

Stenographers.

The justices of the court or a majority of them may appoint ten stenographers of the court, and may at pleasure remove either of them. The justices of the court, or a majority of them, must, from time to time assign each of the stenographers to duty at the trial or special term. Each stenographer is entitled to a salary fixed and to be paid as prescribed by law and must attend the term to which he is assigned.

From L. 1876, ch. 413, §§ 1 and 4. Am'd by L. 1906, ch. 61; L. 1907. chs. 707, 708; L. 1918, ch. 88, in effect Mar. 26, 1918.

§ 333. [Am'd, 1877, 1907, 1909.] Official oath; interpreters. The justices of the court or a majority of them, from time to time, must appoint, and may at pleasure remove, three official interpreters of the court, who are entitled to a salary, fixed and to be paid as prescribed by law. Before entering upon their official duties, the clerk, deputy clerks, assistant clerks, stenographers, interpreters and attendants must subscribe and file in the office of the clerk of the city of New York, the constitutional oath of office. Each interpreter must attend any trial or special term of the court, where his services are required; and the justice therein presiding shall regulate his attendance thereat. Id. Am'd by L. 1907, chs. 707, 708; L. 1909, ch. 387. In effect Sept. 1, 1909.

334. [Repealed by L. 1909, ch. 88. See Penal Law, § 1634.] § 335. [Am'd, 1907, 1912.] The justices must appoint attendants.

The justices of the court or a majority of them must appoint, and may at pleasure remove, as many attendants upon the court as they deem necessary, not exceeding twenty-five. The justices of the court, or a majority of them, may regulate their attendance. Each attendant is entitled to a salary fixed, and to be paid as prescribed by law.

From L. 1876, ch. 413, §§ 1 and 4. Am'd by L. 1907, ch. 708; L. 1912, ch. 465. In effect Sept. 1, 1912.

§ 336. Clerks, interpreter and attendants not to receive fees.

The clerk, the deputy-clerk, an assistant to the clerk, the official interpreter, or an attendant shall not receive any fee or compensation, except his salary, for any official service performed by him.

L. 1872, ch. 438, § 3, am'd.

§ 337. [Am'd, 1877.] Suspension of an officer of the court. A justice of the court may, by an instrument under his hand, suspend a stenographer, or an officer specified in the last section,

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