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3. To an action for any other cause, where the de fendant is, or, if there are two or more defendant where all of them are, at the time of the commence ment of the action, residents of the county, and wherei the complaint demands judgment for a sum of mone only, not exceeding one thousand dollars ;(5) or to recove one or more chattels, the aggregate value of which doe not exceed one thousand dollars, with or without dam ages for the taking or detention thereof. L. 1880, ch. 245, 490.

4. To the custody of the person and the care of th property, concurrently with the supreme court, of resident of the county, who is incompetent to manag his affairs, by reason of lunacy, idiocy, or habitua drunkenness; (6) and to every special proceeding, which the supreme court has jurisdiction to entertain, for th appointment of a committee of the person or of th property, of such an incompetent person, or for the sal or other disposition of the real property, situated withi the county, of a person, wherever resident, who is s incompetent for either of the causes aforesaid, or whe is an infant; (7) or for the sale or other disposition of th real property, situated within the county, of a domesti religious corporation.(8)

Co. Proc.. 30, part of subd. 1, as am'd 1870, ch. 467, 8 1. General juris diction: People v. Rensselaer Co. Judges, 13 How. 398; People v. Peast 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, Abb. 83; s. c., 26 Barb. 218. (3) Williston v. 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. 286. (8) Wheaton v. Gates, ! N. Y. 395.; 61 How. 27.

§ 341. Domestic corporation, etc., when deeme resident, etc. For the purpose of determining the jurisdiction of a county court, in either of the cases spe cified in the last section, a domestic corporation or joint stock association, whose principal place of business i established, by or pursuant to a statute, or by its article of association, or is actually located within the county is deemed a resident of the county; and personal sel vice of a summons, made within the county, as pre scribed in this act, or personal service of a mandate whereby a special proceeding is commenced, mad within the county, as prescribed in this act for persons service of a summons, is sufficient service thereof upo a domestic corporation, wherever it is located. New. See 261, 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 pro-
ceeding, 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 specia:
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 appli-
cation 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 in-
capable to act, must, make an order removing it to the
supreme court. Thereupon the subsequent proceed-
ings 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.the last two sections, takes effect upon the entry thereAn order of removal, made as prescribed in either of

of in the office of the county clerk. Where the orde 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, a 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.

An order to stay pro

$345. Stay of proceedings. ceedings, 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 jurisdic tion of an action or a special proceeding, it possesses the same jurisdiction, power and authority in and over

the

same,

and in the course of the proceedings therein, which the supreme court possesses in a like case; and it may render any judgment, or grant either party any relief, which the supreme court might render or grant in a like case, and may enforce its mandates in like manner as the supreme court. And the county judge possesses the same power and authority, in the action or special proceeding, which a justice of the supreme court possesses, in a like action or special proceeding, brought in the supreme court.

See 267, ante.

$349. Power of county judge in special proceedings.-The county judge also possesses the same power and authority, in a special proceeding, which can be lawfully instituted before him, out of court, which a justice of the supreme court possesses in a like special proceeding, instituted before him in like manner.

See 268, ante.

$350. Fines and penalties; how remitted. Upon the application of a person, who has been fined by a court, or of a person whose recognizance has become forfeited, or of his surety, the county court of the county in which the term of the court was held, where the fine was imposed, or the recognizance taken, may, except as otherwise prescribed in the next section, upon good cause shown, and upon such terms as it deems just, the forfeiture of the recognizance, or part of the penalty make an order, remitting the fine, wholly or partly, or thereof; or it may discharge the recognizance. If a fine so remitted has been paid, the county treasurer, or other officer, in whose hands the money remains, must pay the same, or the part remitted, according to the

order.

2 R. S. 486, 37.

Bection does not authorize a county court, to remit any $351. Restrictions upon power to remit. The last part of a fine, exceeding two hundred and fifty dollars, imposed by a court of oyer and terminer, or a court of sessions, upon a conviction for a criminal offence; or a fine, to any amount, imposed by a court upon an officer or other person, for an actual contempt of court, or for disobedience to its process, or other mandate; or te

remit or discharge a recognizance, taken in its county, for the appearance of a person in another county. In the latter case, the power of remitting or discharging the recognizance is vested in the county court of the county, in which the person is bound to appear.

2 R. S. 486, 38, am'd.

352. Notice of application, etc.; costs to be paid cu remission. An application for an order, as prescribed in the last section but one, cannot be heard, until such notice thereof as the court deems reasonable, has been given to the district-attorney of the county, and until he has had an opportunity to examine the matter, and prepare to resist the application. And upon granting such an order, the court must always impose, as a condition thereof, the payment of the costs and ex penses, if any, incurred in an action or special proceed ing for the collection of the fine, or the penalty of the recognizance.

Id., 22 39 and 41.

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§ 353. Fines imposed by justices of the peace; how remitted.- Where a person has been fined by a court of special sessions, or by a justice of the peace, upon a conviction for an offence, and has been committed to jail for non-payment of the fine, the county court of the county may make an order, remitting the fine, wholly or partly, and discharging him from his imprisonment. The power conferred by this section must be exercised in the manner prescribed, and subject to the provisions contained, in the last three sections.

Id., 8 42.

354. Who may make orders. In an action or special proceeding in a county court, an order may be made without notice, or an order to stay proceedings may be made upon notice, by a justice of the supreme court, or by the county judge of the county where the attorney for the applicant resides, in a case where the county judge, in whose court the action or special proceeding is brought, may make the same, out of court; and with like effect.

See L. 1847, ch. 280, 34; also 277, ante.

§ 355. [Amended, 1877.] County court when open terms thereof. The county court is always open for

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