TITLE 3. Additional jurisdiction. Id.; in special proceedings. Exclusive powers in certain cases. Court to consist of three judges; chief judge. Number of general and trial Demurrers to be tried at general term. SECTION 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. § 292. In addition to the jurisdiction defined in sections two hundred and sixty-three, two hundred and sixty-four, and two hundred and sixty-five of this act, the jurisdiction of the superior court of 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 summons 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. § 293. The court also possesses and exercises, within the city of Buffalo, in any matter which arises, or the subject whereof is located or 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. § 294. The court also possesses exclusive jurisdiction and power 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. § 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. § 296. At least four general terms and six trial terms of the court must be appointed to be held in each year. § 297. A demurrer in an action in the court 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. ART. 3, $298. The clerk of the court is entitled, in addition to his salary, clerk and clerk. $299. Where the deputy-clerk of the court dies, resigns, removes Deputy $300. The judges of the court, or a majority of them, must appoint, stenogra 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 $301. The judges, or a majority of them, from time to time must Crier. constables, special powers in $ 302. The sheriff of the county of Erie, or his under-sheriff, or a Sheriff, cases, etc. to return jury list. § 303. The assessors of the city of Buffalo must, in the month of May Assessors $304. At least fourteen days before the time appointed for holding Drawing draw from the list so returned by the assessors, the names of thirty-six TITLE 3. fees. persons, or such other number as the court, at any term thereof, directs, to serve as trial jurors. The drawing must be conducted as prescribed by law, for the drawing of trial jurors by a county clerk, except that notice thereof is not necessary. A list of the names of the persons drawn must be certified by the clerk and attending judge, and delivered to the sheriff of Erie county. Notifying §305. The sheriff must thereupon notify each of the persons so trial jurors; their drawn, as prescribed by law for notifying a juror drawn to attend a term of the circuit court. Before the first day of the term, the sheriff must file the list with the clerk, accompanied with his return, specifying who were notified, and the manner in which each person was notified. The clerk must make the same disposition of the ballots, containing the names of the jurors who have served, of those who did not appear, and of those who were discharged, as prescribed by law, with respect to the circuit court. Each juror, attending a term of the court, must be paid by the county of Erie, the same compensation as a juror attending the circuit court. jurors may Additional § 306. At a term where issues of fact, in civil or criminal causes, are be ordered. triable, the court may, in its discretion, direct additional jurors to be drawn from any list returned by the assessors, and require the sheriff, or a policeman in attendance upon the term, forthwith to notify them to attend; and if a person so drawn cannot be found, the court may cause his name to be returned to the box. omit Court con sists of three judges; chief judge. Court al ways open; PROVISIONS EXCLUSIVELY APPLICABLE TO THE CITY COURT OF BROOKLYN. SECTION 307. Court consists of three judges; chief-judge. 308. Court always open; number of trial terms. 309. Appointment of deputy-clerk and assistants to clerk. 310. Clerk may charge fees. 311. Sheriff, etc., to attend terms. 312. Expenses to be a county charge. 313. Stenographers. § 307. The city court of Brooklyn consists of three judges; one of whom must, from time to time, as a vacancy occurs, be appointed chiefjudge of the court, as prescribed in the Constitution. § 308. The court is always open for the transaction of any business, for which notice is not required to be given to an adverse party. At number of least ten terms thereof, for the trial of issues of law or of fact, must be appointed to be held in each year. trial terms. Appointment of deputy clerk and S309. The judges of the court, or a majority of them, may appoint as many special deputy clerks and assistants in the clerk's office as assistants they deem necessary. Each officer so appointed is entitled to a salary, fixed and to be paid as prescribed by law. to clerk. Clerk may charge fees. Sheriff, at § 310. 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. § 311. The sheriff of Kings county, his under-sheriff, or one or more etc. to a deputy-sheriffs, designated by him, must attend each term or sitting tend terms. of the court, as required by the judge or judges holding the same. § 312. The expenses of the court are a county charge, and must be allowed and paid in like manner as other county charges. Expenses to be a county charge. TITLE 4. Stenogra § 313. The judges of the court, or a majority of them, from time to time must appoint, and may at pleasure remove, one or two stenog- phers. raphers, as they deem it necessary for the business of the court. Each stenographer so appointed 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 two stenographers are appointed, the judges of the court must assign to each his share of the business. A stenographer may, with the assent of the judges of the court, or a majority of them, appoint an assistant-stenographer, to aid him in the discharge of his duties, whose compensation is payable by the stenographer, and is not a county charge. TITLE IV. The marine court of the city of New-York. SECTION 314. Marine court a court of record.* 315. Jurisdiction. 316. The last section limited. 317. Jurisdiction in marine causes. 318. No power to naturalize aliens. 319. Removal of action to supreme court from marine court. 321. How supended from office. 322. Chief-justice; how designated; his general duties, etc. 323. Justices may make rules. 324. Court when open; justices to designate terms; routine of business at the terms, etc. 325. Terms, where held; publication of appointments. 326. Justices may take oaths, acknowledgments, etc. 327. Orders, etc., how made. 328. Clerk, deputy-clerk and assistants. 329. General duties of deputy-clerk. 330. Special deputy-clerks. 331. Clerk to account monthly for fees, and pay over the same. 332. Stenographers. 333. Interpreter. 334. Id.; penalty for misconduct. 335. Court may appoint attendants, etc. 336. Interpreter and attendants not to receive fees. $315. The jurisdiction of the marine court or the city of New York Jurisdicextends to the following cases: 1. An action against a natural person, or against a foreign or domestie corporation, wherein the complaint demands judgment for a sum of money only, or to recover one or more chattels, with or without damages for the taking or detention thereof. 2. An action to foreclose or enforce a lien upon real property in the city of New-York, created, as prescribed by statute, in favor of a person, who has performed labor upon, or furnished materials to be used in the construction, alteration, or repair of a building, vault, wharf, * Section 314 stricken out. tion. Su TITLE 4. 81273. 1274. The last section lim- Jurisdic tion in ma- No power Removal of marine court. fence, or other structure; or who has graded, filled in, or otherwise improved, a lot of land, or the sidewalk or street in front of or adjoining a lot of land. 3. An action to foreclose or enforce a lien, for a sum not exceeding two thousand dollars, exclusive of interest, upon one or more chattels. 4. The taking and entry of a judgment, upon the confession of one or more defendants, where the sum, for which judgment is confessed, does not exceed two thousand dollars, exclusive of interest from the time of making the statement, upon which the judgment is entered. § 316. The jurisdiction conferred by the last section is subject to the following limitations and regulations: 1. In an action wherein the complaint demands judgment for a sum of money only, the sum, for which judgment is rendered in favor of the plaintiff, cannot exceed two thousand dollars, exclusive of interest, and costs as taxed; except where it 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 the next section. Where the action is brought upon a bond or other contract, the judgment must be for the sum actually due, without regard to a penalty therein contained; and, where the money is payable in instalments, successive actions may be brought for the instalments, as they become due. 2. In an action to recover one or more chattels, a judgment cannot be rendered in favor of the plaintiff, for a chattel or chattels, the aggre gate value of which exceeds two thousand dollars. 3. The court has not jurisdiction of an action against an executor o administrator, in his representative capacity. § 317. The following actions are styled in this act, marine causes and the court possesses the same jurisdiction of such an action, as th supreme court of the State: 1. An action in favor of a person, belonging to a vessel in the me chant service, against the owner, master, or commander thereof, for th reasonable value of services, or for the breach of a contract to pay f services, rendered or to be rendered on board of the vessel, during voyage, wholly or partly performed, or intended to be performed by: 2. An action in favor of or against a person, belonging to or on boa of a vessel in the merchant service, to recover damages for an assau battery, or false imprisonment, committed on board the vessel, upon t high seas, or in a place without the United States. But this section does not confer upon the marine court authority proceed, as a court of admiralty or maritime jurisdiction. § 318. The court has not, nor has either of the justices thereof, pov to naturalize an alien. § 319. The supreme court, at a term held in the first judicial distr may, by an order made at any time after joinder of an issue of fa court from and before the trial thereof, remove to itself an action brought in marine court, for the purpose of changing the place of trial ther Where an order for removal is made, as prescribed in this section, place of trial must be changed by the same order to another cou and the subsequent proceedings therein must be the same as if action had been originally brought in the supreme court. The pro ions of sections three hundred and forty-four, three hundred and fo five and three hundred and forty-six of this act, apply to an applica to remove such an action, and to the proceedings upon and subsequ |