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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 NewYork, or a marshal of that city, in any part of the State.

L. 1875, ch. 479, 8 40.

§ 339. Direction and execution of mandates. — In an action brought in the court, an order of arrest, a 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 marine 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 execution 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.

L. 1885, ch. 400, 33 2 and 3; and L. 1872, ch. 629, 8, as affected by L. 1875, ch. 625, and 2 R. L., 114. See Matter of Ott, 13 Abb. N. S. 293, Matter of Lippman, 48 How. 359.

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341. Domestic corporation, etc., when deemed resident, etc.
342. Action, etc., wherein county judge is incapable to act.

343. Supreme court may remove action, and change place of trial.
344. Effect of order of removal; appeal, etc.

345. Stay of proceedings.

346. Removal of action not to impair process, etc.

347. County court may send its process to any county.

348. When Jurisdiction, etc., co-extensive with supreme court.
349. Power of county judge in special proceedings.

350. Fines and penalties; how remitted.

331. Restrictions upon power to remit.

352. Notice of application, etc.; cost to be paid on remission.
253. Fines imposed by Justices of the peace; how remitted.
354. Who may make orders.

355. County court when open; terms thereof.

336. Notice of appointment to be published.

357. Jurors, how drawn and summoned.

353. Stenographers for county courts.

339. Stenographer for county court and sessions, in Kings county. 360. Interpreter for county court, etc., in Kings county.

361. Stenographer for county courts of Monroe and Livingston

counties.

$340. [Amended, 1877.] Jurisdiction. — The jurisdiction of each county court extends to the following ac tions and special proceedings, in addition to the jurisdiction, power, and authority, conferred upon a county court, in a particular case, by special statutory provision:

1. To an action for the partition of real property ;(1) for dower; for the foreclosure, redemption, or satisfaction of a mortgage upon real property : (2) or to procure a judg ment requiring the specific performance of a contract, relating to real property; (3) 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 (a) of this act, where the lien does not exceed one thousand dol lars in amount, and the chattel is found within the county.

2. To an action in favor of the executor, administra. tor 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.(4)

(a) This reference is to a section in the chapters not signed by the Governor.

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 ;(5) 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; (6) 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 causes aforesaid, or who is an infant; (7) or for the sale or other disposition of the real property, situated within the county, of a domestic religious corporation.(8)

Co. Proc.. 30, part of subd. 1, as am'd 1870, ch. 467, 1. General jurisdiction: People v. Rensselaer Co. Judges, 13 How. 398; People v. Pease, 30 Barb. 589; Wheaton v. Gates, 18 N. Y. 396. (1) Doubleday v. Heath, 16 N. Y. 80. (2) Arnold v. Rees, 18 N. Y. 57; Benson v. Cromwell, 6 Abb. 83; 8. c., 26 Barb. 218. (3) Williston . Williston, 41 Barb. 635. (4) Niles v. Perry, 29 How. 192. (5) Raymond v. Hanford, 6 T. & C. 312: Kundolf v. Thalheimer, 12 N. Y. 593, (6) Davis v. Spencer, 24 N. Y. 386. (7) Brown v. Snell, 57 N. Y. 236. (S) Wheaton v. Gates, 13 N. Y. 395.

$341. Domestic corporation. etc., when deemed resident, etc. 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 jointstock 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.

New. See 264, ante.

$342. [Amended, 1877.] Action, etc., wherein county judge is incapable to act. 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 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.

See last clause, subd. 13 of 30, Co. Proc., as am'd 1876, ch. 431.

§ 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.

See last clause, subd. 1 of same section.

§ 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 there.

of 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 271 of this act apply to an appeal taken from such an order.

See 271 and 275, ante.

$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.

See 272, ante.

§ 346. Removal of action not to impair process, etc. - The removal of an action or special proceeding, 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.

See 276, ante.

§ 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.

See 278, ante.

§ 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

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