uncollected. The bond shall be approved in writing, and filed in the same manner as the original bond is required by law to be filed, and to have all the effect of the collector's or receiver's bond. A copy of the bond, and the approval thereof, shall within fifteen days after the passage of this act, be delivered to the county treasurer of the county in which said town is; but nothing herein contained shall be construed as extending the time for the payment of the State tax, or any part thereof, by the county treasurer of said county to the comptroller, as now provided by law.

of state.

§2. It shall be the duty of the secretary of State immediately after Duty of the passage of this act, to deliver a copy thereof to the treasurer of secretary Richmond county, and it shall be the duty of said county treasurer to notify in writing each collector or receiver of taxes in said county of the receipt of said copy and the passage of this act. § 3. This act shall take effect immediately.

CHAP. 102.

AN ACT to amend the Penal Code.

PASSED April 28, 1882; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section seven hundred and twenty-seven of the Penal Code is amended so as to read as follows:

Code to

§ 727. This act shall take effect on the first day of December eigh- when teen hundred and eighty-two. When construed in connection with Penal other statutes it must be deemed to have been enacted on the fourth take day of January, eighteen hundred and eighty-one, so that any statute effect. enacted after that day is to have the same effect as if it had been enacted after this Code.

§2. This act shall take effect immediately.

CHAP. 103.

AN ACT to establish a local court of civil and criminal jurisdiction in the city of Utica.

PASSED April 28, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. A court of record of civil and criminal jurisdiction, to be court escalled and known as the city court of Utica, is hereby created and tablished. established in and for the city of Utica, with the jurisdiction and powers hereinafter conferred.

special

§2. The offices of city judge of Utica and special city judge of Offices of Utica are hereby created, and the incumbents thereof shall be chosen city and by the electors of said city at their annual charter elections next preced- city judge ing the expiration of their terms of office respectively. They shall take created. and subscribe the oath of office prescribed by law, and shall enter upon

Ibid, city

the discharge of their duties on the first day of April next after their elections respectively. Said city judge shall hold his office for the term of four years, and said special city judge for the term of three years. § 3. The offices of clerk of the city court of Utica and deputy city clerk. clerk of the city of Utica are hereby created. The city clerk of Útica hall be ex-officio clerk of said court. Said deputy clerk shall be appointed by the city judge by an instrument in writing filed in the office of the city clerk and entered upon the minutes of said court, and shall hold his office during the pleasure of the city judge. He shall take the oath of office prescribed by law.

and special

Power

diction.

§ 4. Said city court shall have and possess the same powers and jurisand jurisdiction now possessed by courts of justices of the peace within the city of Utica, including bastardy cases, and by the recorder's court of Utica, and in addition thereto shall have exclusive jurisdiction of all misdemeanors committed within the corporate limits of the city of Utica; and the defendant shall not have the right to waive examination and give bail or to elect to be tried by any court of sessions. Jury trials shall be had therein as in courts of justices of the peace and the recorder's court of Utica, except as hereinafter provided.

Process.

Proceedings, etc.

Appear

ances.

When

court to be open.

Seal.

Court may

ments

default.

§ 5. Process shall be made returnable before said court by its proper title and shall be substantially in the forms and returnable within the times prescribed for courts of justices of the peace and the recorder's court of Utica, and shall be signed by the city judge, special city judge, clerk or deputy clerk of said court.

§ 6. The proceedings, practice and pleadings, including appeals, shall be governed in all civil matters by the provisions of the Code of Civil Procedure relating to justice's courts, and in criminal matters by the provisions of the Code of Criminal Procedure relating to courts of special sessions, except as herein otherwise provided.

37. Appearances in said court otherwise than in person shall be governed by the law and practice of courts of record, so far as applicable.

§ 8. Said court shall be opened daily (Sundays and holidays excepted) at ten o'clock A. M. and remain in session during seasonable hours, or until the business of the day is disposed of, and shall be held by the said city judge, special city judge, county judge, or special county judge of Oneida county, as hereinafter provided.

§ 9. Said court shall have a seal, which shall be furnished and the form and design of which shall be prescribed by the common council of Utica and shall contain the words: City court of Utica, New York. Seal; and it shall remain in the custody of the clerk and deputy clerk of said court.

§ 10. Said court shall have power, upon five days' notice or order, open judg- to show cause on such terms as may be just, not exceeding the costs taken by entered in the judgment and three dollars additional, to open a judgment taken against plaintiff or defendant on default; and shall have power to stay proceedings pending the motion. This motion may be made within twenty days after judgment, whether a transcript has been filed in the Oneida county clerk's office or not, and the court shall have power to stay proceedings in any execution issued on said judgment and to direct the judgment to be canceled on the books of the county clerk.

Rooms,

light, etc.

§ 11. The common council of Utica shall designate the place of holding said court and provide suitable rooms, light, fuel and furniture and necessary blank books, blanks and stationery, for the use of said court, and shall provide for the payment of the salaries of the

special city judge and clerk and deputy clerk of said court. The salary of the said city judge shall be raised and paid in the same manner as the salary of the recorder of the city of Utica is now raised and paid.

fees.

§ 12. In all civil actions and proceedings brought in this court, the Costs and same costs and fees shall be paid, taxed and recovered, as in actions and proceedings before justices of the peace and in the recorder's court of Utica, and, in addition thereto, there shall be allowed to the prevailing party, as an indemnity in case he has appeared by attorney, the following sums as costs:

1. Judgment for defendant, to the defendant, five dollars.

2. Judgment for plaintiff, otherwise than on default, a sum equal to five per cent of the recovery, but not less than three dollars. In criminal matters, the same fees, costs and charges shall be made and collected as are charged and collected for services rendered by the recorder and recorder's court of Utica, and in the same manner.

etc.

§ 13. On the first Monday of August, after the lists of trial jurors Jury lists, provided for by sections one thousand and thirty-five, one thousand ballots, and thirty-six and one thousand and thirty-seven of the Code of Civil Procedure have been filed with him, the city clerk of Utica must prepare suitable ballots, by writing the name of each person thus selected as contained in the lists, with his place of residence and other additions, on a separate piece of paper. The ballots must be uniform as nearly as may be, in appearance, and folded so as to conceal the name. And the clerk must deposit them in a box kept for that purpose and labeled "the city court of Utica, jury box number one." Before depositing said ballots in the box, the said clerk must destroy all ballots formerly deposited in said box. If for any reason the list for any ward of said city is not received by said clerk by the first Monday of August, he shall obtain a certified copy of the list deposited with the county clerk, and prepare his ballots therefrom. Sections one thou- Section sand and thirty-nine and one thousand and forty of the Code of Civil 1039 appliProcedure are applicable to this court and trial jurors therein. Immediately on the passage of this act, said city clerk shall prepare said ballots from the jury lists of the several wards in said city last filed in his office.

cable.

Drawing

etc.

$14. Where a trial by jury is duly demanded and the fees paid, the of jurors. clerk or deputy clerk shall produce the jury box in open court, shake it so as thoroughly to mix the ballots, and without seeing the name contained in any ballot, publicly draw out of the box such number of ballots as the court may order, not less than twelve, one after another, and enter the names contained therein on the docket. Thereupon a Venire, venire must issue directed to any constable or policeman of said city, commanding him to notify the persons whose names are so drawn to attend before said court at a time specified therein, not less than two nor more than ten days from the date thereof, to form a jury. They shall be notified in the same manner as trial jurors drawn for courts of record at least twelve hours before the time fixed in the notice for their attendance. Neither the venire nor the notice shall contain the names of the parties to the action or proceeding in which it was issued. The officer having such venire in charge shall make a return to the court under oath of the manner in which the same has been executed on or before the return day thereof.

jury.

§ 15. For the purpose of procuring a jury to try the action the clerk Drawing shall fold the ballots as they were folded when drawn from the jury box and deposit them in a separate box to be kept for that purpose,

Ballots

how to be disposed of.

Rules, etc.

Appoint

ment of

special

and labeled No. 2, and from the ballots thus deposited the jury shall be formed by openly and in the presence of the parties, drawing six ballots from the box one after another. If a person whose name is drawn is challenged and set aside, excused or absent, another ballot must be drawn, and so on successively until the required number of persons is obtained. Sections one thousand and twenty-seven to one thousand and thirty-three, both inclusive, of the Code of Civil Procedure apply to this court.

§ 16. After the action is tried, the ballots used in the trial shall be deposited in a box kept for the purpose, labeled, the city court of Utica, jury box number three. The jurors shall be drawn from box number two and when box number one is exhausted the contents of box number three shall be emptied into box number one and the drawing shall continue as before.

17. The said city judge shall have power to make rules of practice governing the proceedings in said court, not inconsistent with law or with the general rules of the supreme court, or the county court of Oneida county. Such rules shall be entered upon the minutes of said court and published as the common council may direct.

§18. Immediately after the passage of this act the mayor of the city of Utica, by and with the consent and advice of the common council city judge. of said city, shall, by appointment, fill the office of special city judge.of Utica. Such appointee shall hold said office until the first day of April, eighteen hundred and eighty-three, and until his successor shall be chosen or appointed and shall qualify.

Recorder

to act as city judge

Vacancies.

Salaries.

Persons

office of

judge.

§19. The present recorder of the city of Utica shall discharge the duties of the office and shall be the city judge of Utica, until the expiration of the term of office for which he has been elected such recorder, and until a city judge is chosen or appointed as herein provided.

$20. Vacancies in the office of city judge and special city judge shall be filled by appointment by the mayor of Utica, by and with the advice and consent of the common council of said city. Such appointees shall hold their offices until the first day of April after their successors. shall be chosen. Upon the happening of any vacancy the office shall be filled for a full term at the next annual charter election occurring, not less than twenty days after the happening of such vacancy.

§ 21. The salaries of said judges and deputy clerk shall be payable quarterly by the city treasurer and shall be the following sums: To the city judge, annually, twenty-five hundred dollars; to the special city judge, annually, one thousand dollars; to the deputy clerk, annually, six hundred dollars.

§ 22. No person shall be eligible to the office of city judge or eligible to special city judge unless he be a resident elector of the city of Utica and has been an attorney and counselor of the supreme court of the state of New York five years. No person having been elected, and who has qualified for and entered upon the discharge of his duties as city judge, shall be eligible to the office of city judge for the next succeeding term.

Judges

shall exercise

power of justices of

§ 23. Said city judge and special city judge shall possess and exercise within the city of Utica all the powers of justices of the peace in civil and criminal matters now possessed and exercised by justices peace, etc. of the peace and the recorder of Útica. And the said clerk and deputy clerk shall also have the same power to administer oaths and take acknowledgments as justices of the peace.

When

special

§ 24. The special city judge may hold said court in the absence from the court-room of the city judge; and must hold the same in case the

Court.

city judge is absent from the city, sick or incapacitated for any cause, city judge or there is a vacancy in the office, upon notice thereof from the clerk hold or deputy clerk of said court; and must also hold a separate court for the disposition of such business as the city judge may from time to time assign to him, to be specified in an order entered upon the minutes of said court; and said city judge and special city judge may hold their courts at the same time and in separate rooms.

special

bold city

$25. The county or special county judge of Oneida county may when hold said court in the absence from the court-room of the city judge county or and special city judge. And such county judge or special county county judge shall receive the sum of ten dollars for each day he holds said judge may court, to be paid out of the city treasury. And any such sum so paid court, etc. may be deducted from the salary of the said city or special city judge in the discretion of the common council, provided the resolution to make such deduction shall be passed within three months after such payment.

$26. Any judge holding said court while in session shall have the Power to game powers to preserve order and punish for contempts committed in punish for his presence as are possessed by judges of courts of record.

contempt.

deputy

§ 27. It shall be the duty of said deputy clerk to attend, all the Duty of sittings of said court and of the clerk to attend in the absence of the clerk. deputy clerk, and also to attend the court held by the special city judge under section twenty-four of this act.

of judgmeut.

§ 28. The clerk or deputy, on demand of a party in whose favor Transcript judgment shall have been rendered, shall give a transcript theref under his hand and the seal of said court, which may be filed, and judgment thereon docketed in the office of the clerk of Oneida county with like effect as a transcript of the docket of a justice of the peace.

deputy to

§ 29. Said clerk and deputy clerk shall each give a bond to the people clerk and of the state of New York with at least two sufficient sureties, to be ap- de proved by said city judge in an amount not less than two thousand bonds. dollars, which shall be renewed annually on the first day of April in each year and filed in the office of the city clerk of Utica, conditioned. for the faithful performance of his duties as such clerk or deputy, and the accounting for and payment of all moneys which shall come into his hands. Any person injured by the default of such clerk or deputy, including the city of Utica, may maintain an action in his own name against said clerk or deputy and the sureties on said bond in any court having jurisdiction. Neither said clerk or deputy shall be liable for the acts or defaults of the other.

§30. It shall be the duty of said clerk and deputy clerk to keep in Docket. the docket of said court a complete and accurate record of all process issued and returned to said court, of all proceedings in any action or proceeding brought therein, of all moneys paid into said court or received by said clerk or deputy, to receive all moneys payable into said. court, including fees and costs. (No judge entitled to preside in said court shall receive any moneys payable therein or thereto.) All fees and costs of said court in civil actions are payable in advance.

report of

§ 31. On or before the last day of each month the said clerk or Monthly deputy shall make out and verify by his oath, and deliver to the city res judge and treasurer a detailed statement of all fines, costs and fees received and earned by said court, and a like statement of all fees, costs and charges payable by the county of Oneida, and pay over all moneys received by him to said city treasurer, and said treasurer shall not pay the salary of said clerk until such statements are filed with and such