al stenog when two held at time. § 261. Where two or more terms, at which the stenographer Additionwould be required to attend, by the provisions of section 258 of this rapher act, are appointed to be held at the same time, the justices of the courts supreme court, assigned to hold or preside at the same, may des- the same ignate the term at which the stenographer for the district must attend, and may employ an additional stenographer to attend each other term. In that case, they must, by a certificate signed by them, fix a reasonable sum for the payment of his services and actual necessary expenses, to and from, and while attending the term. The sum so fixed must be paid by the treasurer of the county, upon the certificate, from the court fund, or the fund from which jurors are paid; and the number of days, during which that term was in session, shall not be taken into account, in making an apportionment of salary, as prescribed in section 259 of this act. Laws of 1871, ch. 700; 9 Edm. St. 129, § 4, amended. rary rapher. § 262. Where an official stenographer, or his assistant, is not in Tempoattendance, at a term of the circuit court, or court of oyer and terminer, stenogor at a special term of the supreme court, where issues of fact are triable, the judge holding or presiding at the term, may, in his discretion, employ a stenographer; who must be paid such a compensation, as the judge fixes by his certificate, not exceeding ten dollars for each day's attendance, and ten cents for each mile, for travel to and from his residence, to the place where the term is held, together with a reasonable sum for stationery. The sum so fixed is a charge upon the county, in which the term is held; and the county treasurer must pay it, upon the judge's certificate, from the court fund, or the fund from which jurors are paid. If it was the duty of an official stenographer, or his assistant, to attend the term, and it does not appear to the satisfaction of the judge, that the failure to attend was excusable, the judge may, in his discretion, during or after the adjournment of the term, make an order that the sum so paid, or any part thereof, be deducted from the salary of the official stenographer, and that the county have such credit therefor, as justice requires. Such an order may be revoked by the judge who made it, upon proof by affidavit, that the failure to attend was excusable. From Code Pro., § 256, with amendments, and the addition of the last sentence, which is new. General TITLE III. The superior city courts. ARTICLE 1. Provisions applicable to all the superior city courts. 2. Provisions exclusively applicable to the court of common pleas for the city and county of New-York, and the superior court of the city of New-York. 3. Provisions exclusively applicable to the superior court of Buffalo. 4. Provisions exclusively applicable to the city court of Brooklyn. ARTICLE FIRST. PROVISIONS APPLICABLE TO ALL THE SUPERIOR CITY COURTS. SEC. 263. General jurisdiction of the superior city courts. 264. Domestic corporations, etc., when deemed residents, etc. 265. Where there are two or more defendants. 266. Jurisdiction to be presumed; want of jurisdiction matter of defence. 267. Jurisdiction, etc., to be co-extensive with that of supreme court. 268. Id.; in special proceedings out of court. 269. Actions, etc., may be removed into supreme court. 270. Where, and in what cases, order for removal to be granted. 271. Appeal from order of removal. 272. Order to stay proceedings to procure removal. 273. Removal to supreme court, when judges of city court cannot act. 274. Removal from supreme court to city court, by consent. 275. Duty of clerks when removal made. 276. Removal not to affect validity of former proceedings, etc. 277. When county judge may make order. 278. Power to send process to any county. 279. Proceedings commenced before one judge may be continued before another. 280. Appointment of terms, etc. 281. General terms, by whom held, etc. 282. Id.; special and trial terms. 283. New records, etc., in place of those mutilated or injured. 284. Clerks and deputy-clerks. 285. Special deputy-clerks. § 263. The civil jurisdiction of each of the superior city courts tion of the extends to the following actions and special proceedings, in addition Jurisdic superior city courts. to the jurisdiction, power, and authority, conferred upon it, in a particular case, by special statutory provision: 1. To an action of ejectment; for the partition of real property; for dower; to foreclose a mortgage upon real property or upon a chattel real; to compel the determination of a claim to real property; for waste; for a nuisance; or to procure a judgment directing a conveyance of real property; and to every other action to recover, or to procure a judgment, establishing, determining, defining, forfeit ing, annulling, or otherwise affecting, an estate, right, title, lien, or other interest, in real property or a chattel real. But jurisdiction attaches under this subdivision, only where the real property, to which the action relates, is situated within the city where the court is located. 2. To an action for any other cause, where the cause of action arose within that city; or where the defendant is a resident of that city; or where the summons is personally served upon the defendant therein; or where the action is brought to recover a penalty, or for any other cause of action given by the charter, a by-law, or an ordinance of that city. 3. To an action to recover damages for an injury to real property, or a chattel real; or for the breach of a contract, express or implied, relating to real property or a chattel real; where the real property is situated within that city, or where the defendant is a resident of that city, or where the summons is personally served upon the defendant therein. 4. To an action to recover a chattel; to foreclose or enforce a lien upon personal property; or to recover damages for an injury to personal property; where the property, to which the action relates, is situated within that city, at the time when the action is commenced. If the property consists of one or more shares in the capital stock of a domestic corporation or joint-stock association, whose principal place of business is located or established within that city, or of a debt due from, or money, or a thing in action, in the possession or under the control of, such a corporation or joint-stock association, it is deemed to be situated within that city, within the meaning of this subdivision. 5. To a judgment creditor's action; where the judgment, upon which the action is founded, was recovered in the same court. 6. To an action for any cause, brought by a resident of the city wherein the court is located, against a natural person, who is not a resident of the State. 7. To an action brought by a resident of that city against a foreign corporation, either (1) to recover damages for the breach of a contract, express or implied, or a sum payable by the terms of a contract, express or implied, where the contract was made, executed, or delivered within the State, or where the cause of action arose within the State; or (2) where a warrant of attachment, granted in the action, has been actually levied, within that city, upon property of the corporation; or (3) where the summons is served by delivery of a copy thereof, within that city, to an officer of the corporation, as prescribed by law. Domestic corpora 8. To the custody of the person and the care of the property, concurrently with the supreme court, of a person residing in that city, or residing without the State and sojourning in that city, who is incompetent to manage his affairs by reason of lunacy, idiocy, or habitual drunkenness; and to any 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 that city, of a person, wherever resident, who is so incompetent, or who is an infant; or for the sale or other disposition of the property, or the voluntary dissolution of a domestic corporation, whose principal place of business is located or established within that city; or for the sale or other disposition of the real prop erty, situated within that city, of a domestic corporation, wherever it is located. 9. To any other special proceeding, which the supreme court has jurisdiction to entertain, where the person, against whom it is brought, is a resident of that city, or the mandate, by which the special proceeding is commenced, is personally served upon him within that city, or all the acts or omissions, upon which it is founded, were done or committed within that city, or the subject thereof is situated within that city; or where the special proceeding is brought for such a purpose, or under such circumstances, that the superior city court would have jurisdiction of an action for the like purpose, or under the like circumstances, by the terms of subdivision first of this section. Substituted for the general provision as to the jurisdiction of these courts made by Laws of 1873, ch. 239, § 1. See Landers v. Staten Island R. R. Co., 53 N. Y. (8 Sick.) 450; S. C., 14 § 264. For the purpose of determining the jurisdiction of a tlons, etc., superior city court, in a case specified in the last section, a domestic when deemed residents, etc. 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 located, within the city wherein the court is located, is deemed a resident of that city; and personal service of a summons, made within that city, as prescribed in this act, or personal service of a mandate, whereby a special proceeding is commenced, made within that city, as prescribed in this act for personal service of a summons, is sufficient service thereof upon a domestic corporation, wherever it is located. See cases cited in note to preceding section. there are more de § 265. Where an action or a special proceeding is brought against Where two or more parties, and the jurisdiction of a superior city court two or depends upon the residence of a party, within the city wherein the fendants. court is located; or personal service upon him, within that city, of the summons or the mandate for the commencement of the special proceeding; or the levying of a warrant of attachment within that city; and jurisdiction is thus acquired as against one or more, but not as against all of them, the jurisdiction, with respect to the others, is governed by the following rules: 1. Where the action or special proceeding is founded upon a contract, upon which two or more persons are jointly liable, and the court has or acquires jurisdiction thereof, as against one of them, it has jurisdiction thereof as against all the persons so jointly liable. But this subdivision does not extend to a case, where the liability is several, as well as joint. 2. Where an action or a special proceeding brought against a public officer, together with one or more private persons, is founded upon an official act or omission; or where an action or a special proceeding brought against a corporation, together with one or more natural persons, is founded upon an act or omission of the corporation; and the court has or acquires jurisdiction thereof, as against the public officer or the corporation; it has jurisdiction thereof as against all persons, who are necessary parties to the complete determination of the controversy. 3. Where it is not necessary to the complete determination of the controversy, that all the parties thereto should be subjected to the jurisdiction of the court, the action or special proceeding may be discontinued or dismissed, as to the parties over whom the court has not jurisdiction, and proceed as to the others, as if they were the only parties against whom it was brought. See cases cited in note to § 263, ante. tion to sumed; jurisdic matter of § 266. The jurisdiction of a superior city court, in an action or a Jurisdicspecial proceeding brought therein, must always be presumed. It is be prenot necessary to set forth in a complaint in such an action, or in the want of petition or other statement of the case in such a special proceeding, tion any of the jurisdictional facts specified in section 263 of this act; defence. and where the defendant in the action, or the person against whom the special proceeding is instituted, appears, the want of jurisdiction, by reason of the non-existence of any of those facts, is matter of defence, and is waived by the appearance, unless it is pleaded in defence. Laws of 1873, ch. 239, § 2, restricted. See Laws of 1854, ch. 96, § 10, subd. 1, as amended by Laws of 1870, ch. 313, § 3. |