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10. The fees allowed to county judges will be found in the answer to the 8th question above.

II. Whether a county judge could perform the duties of a supreme court commissioner, under the authority of the judiciary act of 1847, was a disputed question. But under the Code it is conceded that his powers and duties are regulated by it, so far as constitutional. And it has been held that county judges are authorized to do all the acts under the constitution of 1846, that could be performed by supreme court commissioners, in letting to bail persons charged with crime prior to the adoption of the constitution. And generally to do whatever acts supreme court commissioners might perform prior to the adoption of the constitution of 1846.

12. County courts have no jurisdiction in any of the ordinary common law actions, which were well defined and known as such previous to the Code, to wit.: assumpsit, debt, trespass on the case, covenant, case, trespass, trover, assault and battery, replevin,

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13. The county court, after the adoption of the Code, had power to order a jury and try a cause, which was commenced before it under the judiciary act of 1847, although the Code omitted to give such courts power to try pending issues of fact, in actions of which it had deprived the court of jurisdiction.

14. County courts have jurisdiction in proceedings in equity to obtain the partition of lands within the county, by summons and complaint.

15. It seems that county courts have jurisdiction in actions to foreclose mortgages. (This is so much doubted, that in practice it is not generally acted on.)

16. County courts have no authority to admit attorneys and councellors at law to practice in their own courts.

17. County jugdes have no power to tax costs in equity suits in the supreme court.

18. County judges have no authority to extend time to answer or to stay proceedings in an action triable in another county.

19. County judges have power (in actions triable in their own county) to make an order staying proceedings on a judgment entered upon a report of referees, but none to stay proceedings after verdict.

20. A conuty judge has no authority to make an order directing what security shall be given in an action in the supreme court.

21. County judges have no power to hear motions in actions in the supreme court. 22. County courts have exclusive jurisdiction in supplementary proceedings, upon judgments of the county court, and have jurisdiction in such proceedings upon judgments of the supreme court, where execution has been issued thereon to their county. But have no power to make an order staying the proceedings therein.

23. County courts have no power to review on appeal the decisions of justice's courts upon questions of fact arising upon the evidence.

24. Where, on appeal from a justice's judgment errors of fact, (not arising upon the evidence) are relied on for a new trial, as well as a hearing upon the merits, it is the duty of the county court to hear and decide both questions on the appeal.

25. County courts have no power to reverse in part and affirm in part a justics's court judgment for entire damages. But it seems, they may reverse in part and affirm in part such a judgment, where it clearly appears that there are two or more independent causes of action, and the judgment is right as to one and erroneous as to the other.

26. County courts have authority on certiorari from a justice's judgment to look into the testimony to see if it supports the judgment; and when there is an entire failure of testimony the court will reverse. The justice's return is to be treated like a case in the supreme court; and on examination of the whole case, if the court can see that substantial justice has been done, notwithstanding, the alleged error, they will not interfere.

27. County courts get jurisdiction of the parties and of the subject matter of a justice's

judgment, by the notice of appeal, which is required to state the grounds of the appeal; but it is no part of the papers upon which the appeal is to be heard.

28. County courts get jurisdiction of an action prosecuted before a justice of the peace where a plea of title to lands is interposed by the defendant, and continued before the county court under the statute, although it does not appear that the defendant was a resident of the county when the action was commenced. Such an action is not appealable (of course) to the court of appeals.

County courts have jurisdiction, on appeal, to review justice's judgments rendered in pursuance of the mechanic's lien law.

29. Local officers, both special county judges and special surrogates, under the statutes, have all the powers of the county judges which they could perform out of court, or at chambers, as well as all the powers both of county judge and of surrogate in case of inability or vacancy in the offices respectively; and by the constitution, "such other powers in special cases as may be provided by law." And it seems that all the powers or duties appertaining to a county judge to be exercised out of court, fall under the denomination of special cases. Therefore, they may grant an order of arrest, and take recognisance of bail, without regard to the questions, whether the office of county judge is vacant or his inability to act.

30. County courts have jurisdiction of the custody of habitual drunkards, without any restriction of such jurisdiction in reference to the amount of property which they possess. The only condition imposed is the residence of the person proceeded against, that it must be within the county. But the county court had no power to make an order removing from his office the committee of such drunkard who had been appointed by the court of chancery prior to the constitution of 1846, and which proceedings were pending when the constitution went into effect. The supreme court only had such jurisdiction.

31. County courts are courts of record, and the county court of Orleans county, as such court of record, and by the statutes has authority and jurisdiction of proceedings to acquire the title to lands for the Lockport and Niagara Falls Railroad Company, situated in that county.

32. County courts have jurisdiction to entertain applications for, and to make orders changing the location of toll gates, within their respective counties.

33. County courts have no jurisdiction to hear an appeal from the verdict of a jury given upon the laying out of a private road; nor to appoint referees on such appeal. But it is otherwise on appeal from the decision of commissioners of highways on laying out a public road or highway. In such cases the county courts have jurisdiction. 34. Under the act of 1848, in relation to the town and village of Williamsburgh, (which is continued by the Code, § 421, and § 30, sub. 11) the county court of Kings county, as a court of record, has jurisdiction to appoint commissioners of appraisal, &c., for land to be taken for a street or avenue.

35. County courts have no jurisdiction to appoint a receiver of the effects of a religious corporation, but only to direct the application by the corporation itself of the proceeds of a sale of its real estate.

36. County courts are courts of common law jurisdiction, and as such, can admit aliens to the rights of citizenship, under the acts of congress. Whether county courts have Authority to grant an insolvent's discharge where a portion of his creditors do not state the nature of their demands, &c. Quere!

37. County courts have no authority to reverse judgments of justices' courts, (even on an error of fact) without costs to either party, but are required in such cases to award cost to the appellant.

33. On an appeal to the supreme court, from a judgment of the county court, on the ground that the latter court had no jurisdiction of the action, the supreme court has jurisdiction to reverse the judgment and award the appellant his costs in that court. If the want of jurisdiction is apparent upon the face of the pleadings, the county court should dismiss the action without costs; and in such cases the appellant cannot recover costs in

But where the want of

the supreme court, for the proceedings in the county court. jurisdiction is only ascertained by plea or demurrer the supreme court has jurisdiction to determine the question presented; and in such case the party prevailing is entitled to

costs.

39. Where a recovery of judgment is had against a public officer in a justice's court, and he appeals to the county court, where the judgment is reversed, and the plaintiff appeals to the supreme court where the judgment of the county court is affirmed, the defendant is not entitled to double costs on the appeal to the county court, but is entitled to double costs on the appeal to the supreme court.

40. Where the county court sustains a demurrer to the jurisdiction of the court, and enters judgment dismissing the complaint, it is bound to award costs to the defendant. A defendant who succeeds in establishing, upon an issue of law, that the court has not jurisdiction, is as much entitled to costs as the plaintiff would be who has shown that it has. 41. County courts, on the trial of a question of fact, on appeal from a justice's judgment do not lose jurisdiction by omitting to file their decision in writing within twenty days. The statute is directory on that point, and the decision may be filed after that time. And a mandamus will issue to compel such decision to be filed.

42. County courts have power to set off judgments obtained in a justitce's court, where transcripts of one or both judgments have been filed with the county clerk. But the supreme court have no authority to set off such judgments.

43. The provisions for the review of justices' judgments in summary proceedings, by the county courts, will be found in the answer to the 30th question above.

44. The jurisdiction of county courts in respect to liberties of jails, will be found in the answer to the 31st question above.

45. The power given to county courts to authorize a change of name, will be found in the answer to the 32d question above.

46. The power of county courts to appoint guardians ad litem for infants, in actions of partition, will be found under section 448 post.

47. County courts have jurisdiction (by the 7th subdivision of this section) of actions for the specific performance of a contract to convey real estate after the death of the party with whom the contract was made.

48. The power of the county court of the county of Steuben over judgments rendered by the police justice of the village of Corning, will be found in the answer to the 35th question above.

19. Proceedings supplementary to execution having been commenced and continued before a county judge, until the issuing of an order to show cause why an attachment for contempt should not be issued, may be continued before the successor in office of the county judge,

50. The power of county judges to appoint criers, will be found in the answer to question 37 above.

51. The powers and duties of the special county judge of Chautauque county, will be found in Session Laws of 1865, ch. 310, p. 517.

52. The county court must first pass upon a case or exceptions, taken on the trial in that court, before an appeal, will lie thereon to the supreme court.

53. The county conrt has authority to review its proceedings in an action after judgment, and to grant a new trial, &c.

31. General terms, when held. Notice to be published The county court is always open for the transaction of any business for which no notice is required to be given to an opposing party. At least two terms in each county, for the

trial of issues of law or fact, and as many more as the county judge shall appoint, shall be held in each year, at the places in the counties respectively designated by statute for holding county or circuit courts, on such days as the county judge shall from time to time appoint, and may continue as long as the court deem necessary.

Notice of such appointment shall be published in the state paper at least four weeks before any such term, and also in a newspaper, if any, printed in the county. So many of such terms as the county judge shall designate for that purpose, in such notice, may be held for the trial of issues of law, and hearing and decision of motions, and other proceedings at which no jury shall be required to attend.

1. Question. Has this section been amended since its passage in 1848?

Answer. It was amended in 1849 and 1851, which last amendment reads as above. 2. Q. How did this section read in 1848 and 1849 ?

A. As follows:

$34. [1848.] A general term of each county court, for the final hearing of actions or proceedings pending therein, shall be held at the places in the counties respectively designated by statute for holding county or circuit courts, on the first Tuesday of January, March, May, July, September and November, in each year, and may continue as long as the court deem necessary. The court shall be deemed always open for the transaction of any other business.

$31. [1849.] At least two general terms of each county court, and as many more as the county judge shall appoint, for the final hearing of actions or proceedings pending therein, shall be held in each year, at the places in the counties respect ively designated by statute for holding county or circuit courts, on such days as the county judge shall from time to time. appoint, and may continue as long as the court deem neces sary. Notice of such appointment shall be published in th state paper at least four weeks before any such term, and als in a newspaper, if any, printed in the county. So many of such terms as the county judge shall designate for that purpose in such notice. may be held for the trial of issues of law, and

hearing and decision of motions, and other proceedings at which no jury shall be required to attend.

3. Q. How must a court of sessions be appoin ed?

4. The answer to this question will be found under § 30, Q. 3. See also § 9, Q. 3.

Question. How did section 35 read in 1848 (which is left out of the Code of 1849)?
A. As follows:

§35. [1848.] An issue of fact hereafter, joined in a county court, shall be tried by the court, unless, on motion of either party, it shall order a jury trial.

§32. Jurors, how drawn and summonea.

Jurors for the county courts and courts of sessions shall be drawn from the jury box of the county, and summoned in the same manner as for the trial of issues at a circuit court.

1. Question. Has this section been amended since its passage in 1848? Answer. It has, in 1849, which amendment reads as above.

2. Q. How did the sections in place of this read in 1848?

A. As follows:

§ 36. [1848.] If a jury trial be ordered; the court shall direct the sheriff to summon eighteen residents of the county, competent as jurors, to appear before the court at a time and place to be specified.

§37. [1848.] A jury shall be drawn from the persons so summoned, or if there be a defect of jurors, it shall be supplied as in other cases. The practice appertaining to jury trials, and to the verdict of the jury, and the proceedings thereon, as in this act provided, shall in all respects apply to such trial.

38. [1848.] No jury shall hereafter be summoned for a county court, except as provided in the last section, nor shall a grand or petit jury be summoned for a court of general sessions of the peace (except in the city and county of New York), unless so directed by the board of supervisors of the county.

Questions.

3. Q. What provision is made by statute for summoning petit jurors?

4. Q. When is an irregular impanneling of jurors waiced?

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