ARTICLE SECOND. PROVISIONS EXCLUSIVELY APPLICABLE TO THE COURT OF COMMON PLEAS FOR SEC. 286. Special jurisdiction of the common pleas. 287. Each court to consist of six judges; chief-judge. 288. Assistants, etc., in clerks' offices. 289. Stenographers. 290. Stenographer for extra term. jurisdic common § 286. [Amended, 1877.] In addition to the jurisdiction defined Special in sections 263, 264, and 265 of this act, the court of common pleas tion of the for the city and county of New-York, has power and jurisdiction pleas. to vacate and set aside a judgment, entered in any court held within that city and county, upon a forfeited recognizance, upon the terms and conditions specially prescribed by law for that purpose; to remit a fine or forfeited recognizance, in a case where a county court can remit the same, and in like manner; and to entertain any special proceeding, which, in any county except New-York, may be instituted in the county court. Laws of 1845, ch. 229; Laws of 1854, ch. 198, § 6, consolidated. See 1 Wait's Pr. 339, 343. court to of six § 287. The court of common pleas for the city and county of Each New-York, and the superior court of the city of New-York, consist of consist six judges for each court; one of whom must from time to time, as judges; a vacancy occurs, be appointed chief-judge of his court, as prescribed judge. in the constitution. Const., art. 6, § 12; Code Pro., § 40; 1 Wait's Pr. 338. chief ants, clerks' § 288. The clerk of each of those courts may appoint and at Assist pleasure remove, such special deputy-clerks and other assistants, as etc., in he deems necessary; but a special deputy-clerk or an assistant, so offices. appointed, is not entitled to any compensation out of the treasury of the city of New-York, unless his compensation is fixed by law, or allowed pursuant to law. Substituted for Laws of 1854, ch. 198, parts of §§ 1 and 3; Laws of 1852, ch. 44, § 1. See, with respect to the compensation of the deputy and as- raphers. § 289. The judges of each of those courts, or a majority of them, stenogmust appoint, and may at pleasure remove, a stenographer for each term of the court, for the trial of issues of fact, constituting a distinct part. Each stenographer so appointed is entitled to a salary, Stenographer for extra term. Criers. fixed and to be paid as prescribed by law. He must attend all the sittings of the part for which he is appointed. If the judge requires a copy of any proceedings, written out at length from the stenographic notes, he may make an order directing one-half of the stenographer's fees therefor, to be paid by each of the parties to the action or special proceeding, at the rate of ten cents for each folio so written out, and may enforce payment thereof. If there are two or more parties on the same side, the order may direct either of them to pay the sum payable by their side, for the stenographer's fees, or it may apportion the payment thereof among them, as the judge deems just. Portion of 256, Code Pro. The last sentence is new. § 290. The judge who holds an extraordinary trial term of either of those courts, must appoint a stenographer for that term, who is subject to all the provisions of law relating to an assistant-stenographer, and is entitled to a compensation, at the rate and in the manner prescribed by law for the official stenographer. Portion of 256, Code Pro., amended. § 291. The judges of each of those courts, or a majority of them, must appoint, and may at pleasure remove, one crier for their court. Each crier so appointed is entitled to a salary, fixed and to be paid as prescribed by law. He is not entitled to any other compensation. Code Pro., § 39; 1 Wait's Pr. 345. ARTICLE THIRD. PROVISIONS EXCLUSIVELY APPLICABLE TO THE CITY COURT OF BROOKLYN. SEC. 292. Additional jurisdiction. 293. Id.; in special proceedings. 294. Exclusive powers in certain cases. 295. Court to consist of three judges; chief-judge. 296. Number of general and trial terms. 297. Demurrers to be tried at general term. 298. Clerk may charge fees. 299. Deputy-clerk and special deputy-clerk. 300. Stenographer. 301. Crier. 302. Sheriff, constables, etc., to attend court; special powers in contempt cases, etc. 303. Assessors to return jury list. 304. Drawing trial jurors. 305. Notifying trial jurors; their fees. 306. Additional jurors may be ordered. al juris § 292. In addition to the jurisdiction defined in sections 263, Addition264 and 265 of this act, the jurisdiction of the superior court of diction. Buffalo extends to the following actions and special proceedings: 1. To an action founded upon a contract, where the defendant, or, if there are two or more defendants, where either of them, is a resident of that city, or occupies a tenement, for the transaction of his or their ordinary business, in that city; or where the summens is served upon either of them in that city; or where the contract was made in that city. 2. To an action for any other cause, where the defendant, or, if there are two or more defendants, where all the defendants proceeded against, occupy a tenement in that city, for the transaction of their ordinary business. 3. To an action to recover damages against one or more common carriers, not being residents of the State, where the defendant, or, if there are two or more defendants jointly liable, where one of them has property in that city. 4. To an action against a domestic corporation, which transacts its general business in that city, or has an office or agency in that city, for the transaction of business; or against a foreign corporation, which has property in that city, or an agency therein. 5. To an action or special proceeding against the city of Buffalo, or an officer thereof. Laws of 1854, ch. 96, § 10, amended. See ante, 80, §§ 263, 264. special ings.1 § 293. The court also possesses and exercises, within the city of Id.; in Buffalo, in any matter which arises, or the subject whereof is located proceedor situated within that city, jurisdiction, power and authority, concurrent and co-extensive with those conferred upon the supreme court, in a like case, by any statutory provision. From Laws of 1875, ch. 139, § 2. See ante, 80, § 263. § 294. The court also possesses exclusive jurisdiction and power Exclusive as follows: 1. Where an action, commenced in a justice's court in the city of Buffalo, has been discontinued upon the delivery of an undertaking, because the title to real property came in question, it possesses exclusive jurisdiction of an action for the same cause, brought pursuant to the undertaking. 2. It has exclusive power to remit a fine imposed or a recognizance estreated by it. From Laws of 1854, ch. 96, § 12; Laws of 1850, ch. 138, § 4. powers in certain cases. Court to consist of three judges; chief judge. Number of general and trial terms. Deniurrers to be tried term., § 295. The court consists of three judges; one of whom must, from time to time, as a vacancy occurs, be appointed chief-judge, as prescribed in the constitution. Laws of 1854, ch. 96, § 1; Const., art. 6, § 12; 1 Wait's Pr. 349. § 296. At least four general terms and six trial terms of the court must be appointed to be held in each year. From Laws of 1854, ch. 96, § 2, as amended by Laws of 1870, ch. 313, § 5. See 1 Wait's Pr. 353, 354. § 297. [Amended, 1877.] A demurrer in an action in the court at general must be tried at the general term. But this section does not affect the right of a party to bring the demurrer to trial, on the ground of its frivolousness, or the frivolousness of the pleading or part of the pleading demurred to, as prescribed in this act. Clerk may charge fees. Deputy Laws of 1870, ch. 318, part of § 6. The second sentence has been added. § 298. The clerk of the court is entitled, in addition to his salary, for any service performed by him, to the fee allowed by law to a county clerk, for a similar service, performed in the supreme court, or the court of oyer and terminer. See Laws of 1839, ch. 210, § 6; 1842, ch. 109, § 2; 1854, ch. 96, § 6, and Laws of 1870, ch. 411, § 1; 1 Wait's Pr. 353. § 299. Where the deputy-clerk of the court dies, resigns, removes clerk and from the city, is removed from office, or becomes otherwise incapa special deputyclerk. Stenographer. ble of acting, the clerk must appoint a deputy-clerk in his place. The clerk, if the judges of the court, or a majority of them, deem it necessary for the proper transaction of its business, from time to time must appoint, and may at pleasure remove, in the manner prescribed by law for the appointment and removal of a deputy-clerk, a special deputy-clerk, whose compensation must be paid by the clerk. Laws of 1874, ch. 232, a portion of § 1, and § 2. § 300. The judges of the court, or a majority of them, must appoint, and may at pleasure remove, a stenographer of the court, who is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each term of the court, where issues of fact in civil or criminal causes are triable. If the judge requires a copy of any proceedings, written out at length from the stenographic notes, he may make an order directing the stenographer's fees therefor, at the rate of six cents for each folio so written out, to be paid as follows: 1. In a civil action or special proceeding, by the party entitled to costs upon the verdict, decision, or report; who may tax the sum paid therefor, as a disbursement. 2. In a criminal action or special proceeding, by the county treasurer of Erie county, as a county charge. But, in such a case, the judge may fix such a sum, not exceeding the rate specified in this section, as he deems proper. Laws of 1875, ch. 127, parts of §§ 1 and 2, remodelled. § 301. The judges, or a majority of them, from time to time Crier. must appoint, and may at pleasure remove, a crier for the court, who is entitled to a salary, fixed and to be paid as prescribed by law. He is not entitled to any other compensation. court. §1; of 1867, ch. 211, § 1; and of 1874, consta to attend special See Laws of 1854, ch. 96, § 6; as amended by Laws of 1870, ch. 411, § 302. The sheriff of the county of Erie, or his under-sheriff, or sheriff, a deputy-sheriff, designated by him, and as many policemen of the bles, etc., city of Buffalo, as the court directs, must attend each term of the court; A policeman, in attendance upon a term of the court, may, powers in under the direction of the judge presiding at or holding the term, notify talesmen or additional jurors, and execute a mandate of the court, issued in a case of contempt, with like effect and in like manner as if he was the sheriff. But a policeman is not entitled to any fees, or other compensation, except his salary, for a service performed by him, as prescribed in this section. Laws of 1839, ch. 210, § 6; of 1854, ch. 96, 8; id., § 34, as amended by Laws of 1870, ch. 313, § 10. See 1 contempt cases, etc. to return § 303. The assessors of the city of Buffalo must, in the month of Assessors}. May in each year, make out, return, and file with the clerk of the jury list. court, a list of not less than six hundred residents of that city, not exempt from jury duty, qualified to serve as trial jurors in the court. For that purpose, the assessors may, in their discretion, associate the clerk of the court with them. The court, at any term thereof, may, from time to time, make an order, directing the assessors to make out and file, within a time specified in the order, a new list of jurors, or a list of any number of additional jurors; and it may punish an omission to obey such an order, as a contempt. Laws of 1854, ch. 96, § 28, amended by Laws of 1857, ch. 361, § 7, and by Laws of 1870, ch. 313, § 9. trial § 304. At least fourteen days before the time appointed for Drawing holding a term of the court, where issues of fact in civil or criminal jurors. causes are triable, the clerk of the court, in the presence of a judge thereof, must draw from the list so returned by the assessors, the |