efferson. TITLE 5. 30. In the county of Jefferson, the courts of common pleas and general sessions, on the last Tuesday of February, the second Tuesday of June, and the first Tuesdays of September and December; but no grand jury shall be summoned at the said December and June terms. 31. In the county of Delaware, the courts of common pleas and general sessions, on the first Mondays of February, June and October; but no grand jury shall be summoned to attend the said February and Delaware. Otsego. Chenargo. Broome. Cortland. Tompkins. Tioga. Onondaga. Cayuga. Seneca. Ontario. Wayne. June terms. 32. In the county of Otsego, the courts of common pleas and general sessions, on the first Tuesday of February, the third Tuesday of June, and the second Tuesday of October. 33. In the county of Chenango, the courts of common pleas and general sessions, on the second Tuesdays of February, June and October; but no grand jurors shall be summoned at the said February and June terms, unless specially directed by the said courts. 34. In the county of Broome, the courts of common pleas and general sessions on the last Tuesdays of August and November, and a term of the courts of common pleas on the second Tuesday of March. 35. In the county of Cortland, on the third Tuesday of April, and on the second Tuesdays of September and December; but no grand jury shall be summoned at the December term, without the order of the first or senior judge. 36. In the county of Tompkins, the courts of common pleas and general sessions on the fourth Tuesdays of January, May and September. 37. In the county of Tioga the courts of common pleas and general sessions, alternately at the court-house in the village of Newtown, and at the court-house in the village of Owego, on the first Tuesdays of January, May and September. 38. In the county of Onondaga, the courts of common pleas and general sessions, on the fourth Mondays of May, September and Ja nuary. 39. In the county of Cayuga, the courts of common pleas and general sessions, on the third Mondays of January, May and September. 40. In the county of Seneca, the courts of common pleas and general sessions alternately at the court-house in the town of Ovid, and at the court-house in the town of Junius, on the second Tuesday of May, and on the first Tuesdays of October and February. 41. In the county of Ontario, the courts of common pleas and neral sessions, on the third Tuesdays of February, May, August and November. 42. In the county of Wayne, the courts of common pleas and general sessions, on the fourth Tuesdays of January, May and September. 43. In the county of Yates, the courts of common pleas and general TITLE 5. sessions, on the second Tuesday of January, the first Tuesday of June, Yates. and the last Tuesday of September. 44. In the county of Steuben, the courts of common pleas and ge- Steuben. neral sessions, on the third Tuesdays of June and October, and the first Tuesday of February. 45. In the county of Livingston, the courts of common pleas and Livingstou. general sessions, on the last Mondays of January, May and September. 46. In the county of Monroe, the courts of common pleas and gene- Monroe. ral sessions, on the fourth Monday of March, the second Monday of June, and the first Mondays of October and December. 47. In the county of Genesee, the courts of common pleas and ge- Genesce. neral sessions, on the first Tuesday of February, and second Tuesdays of June and October. 48. In the county of Orleans, the courts of common pleas and ge- Orleans. neral sessions, on the third Mondays of January, June and September. 49. In the county of Niagara, the courts of common pleas and ge- Niagara. neral sessions, on the first Tuesdays of January, May and September. 50. In the county of Erie, the court of common pleas, on the first Erie. Mondays of March and June, the fourth Monday of August, and the first Monday of December; and the general sessions, on the first Monday of March, and the fourth Monday of August. 51. In the county of Allegany, the courts of common pleas and ge- Allegany. neral sessions, on the second Tuesday in February, and fourth Tuesday in June and October. 52. In the county of Cattaraugus, the courts of common pleas and Cattaraugus. general sessions, on the last Tuesday of January, third Tuesday of June, and first Tuesday of October. 53. In the county of Chautauque, the courts of common pleas and Chautauque. general sessions, on the second Tuesdays of October and February, and the fourth Tuesday of June.97 court-houses. $ 21. In all cases not specially provided for in the preceding sec- To be held at tion, the courts of common pleas and general sessions, shall be held at the court-houses in the several counties.98 com. pleas $22. The first judge of the county courts of the city and county of In N. York, New-York, and the mayor, recorder and aldermen of the said city, how held. shall be judges of the court of common pleas of the said city and County, 98 $23. The said court of common pleas, may also be held by the first judge, the mayor, or recorder, either alone, or with one or more of the other judges; but it shall be the special duty of the first judge to hold the said court. 98 Ib. court to give $ 24. The clerk of the city and county of New-York, shall, by vir- Clerk of that tue of his office, be clerk of the court of common pleas for the said city bond. (97) Agreeable, with some exceptions, to the statutes in force in September, 1828. (98) Laws of 1821, p. 64, § 2 & 11. TITLE 5. and county; and every person hereafter elected to that office, shall, before he enters on the duties thereof, execute a bond to the people of this state, in the penalty of fifteen thousand dollars, with two sufficient Its condition. sureties, to be approved by the said first judge, conditioned that such clerk shall well and faithfully, in all things, apply, appropriate and pay over all such sums of money as he may from time to time receive, in virtue of his said office, during his continuance therein; and that if default be made therein, he and his sureties will jointly and severally answer and pay to the parties who may be injured by such default, all damages they may sustain; which bond, when so executed and approved, shall be filed in the office of the clerk of the supreme court in the city of New-York.99 When and how bond to $25. Whenever any such clerk shall go out of office, and shall be cancelled. pay over to his successor all the monies then remaining in his hands, accompanied by such vouchers and statements in relation thereto, as shall be satisfactory to such successor, to be signified by his certificate under seal, it shall be the duty of the said first judge, to grant an order requiring the clerk of the supreme court, upon the filing of such certificate in his office, to give up the bond executed by the clerk so going out of office, and his sureties, to the parties who executed the same, to be cancelled. And it shall be the duty of the clerk of the supreme court to obey such order.99 Terms of the court, &c. General ses sions in New York. Duty of re corder. neral ses sions. $26. The court of common pleas for the city and county of NewYork, shall be held on the third Monday of every month. The several terms shall be called after the different months of the year, in which they are respectively held. Writs of inquiry issuing out of the said court, may be tested and made returnable the second week of the said term. 100 $27. The first judge of the county courts of the city and county of New-York, and the mayor, recorder and aldermen of the said city, or any three of them, of whom the said first judge, mayor or recorder shall always be one, shall have power to hold courts of general sessions in and for the said city and county of New-York. 100 $ 28. It shall be the special duty of the recorder of the city of New-York, to hold the said court of general sessions. 100 Powers of ge $29. The said court of general sessions, shall possess the like powers as the courts of general sessions for the other counties in this state, and in addition thereto, shall have power, when the said first judge shall preside, to hear, try and determine any indictment for any crime punishable by imprisonment for life. The court shall also have the same power, when the mayor or recorder presiding shall be of the degree of counsellor in the supreme court of this state, of at least three years' standing. 100 (99) Laws of 1826, p. 265, § 1 & 2. (100) Ib. 1821, p. 65, § 5, 6, 7 & 11, and 2 R. L. 503, § 9. Aldermen to $30. It shall be the duty of two of the aldermen of the city of TITLE 6. New-York, to attend as judges of the said court, when notified or required for that purpose, by the mayor or recorder; and the common attend. council may provide a suitable compensation for their attendance. 101 $31. The said court of general sessions shall commence and be Terms of held on the first Monday in every month, and may continue and be held every day, from the commencement thereof, until and including Saturday, in the third week thereafter. 101 court. in Albany. $ 32. The court of common pleas for the county of Albany, may Com. pleas be held by the first judge of the county courts of the said county, either alone, or with one or more of the other judges; and it shall be the special duty of the first judge to hold the said court. to be done by at least three judges. $33. But no district attorney of the said county shall be appoint- Certain acts ed or removed, nor shall any justice of the peace of said county be removed, unless the court, at the time of such appointment or removal, shall consist of at least three judges of the county courts. $34. The courts of common pleas and general sessions for the county of Albany, shall be held on the third Tuesday of March, and the second Tuesdays of June, September and December; but no trial shall be had in any criminal prosecution, during the first week of the said terms. Times of holding com. eral sessions pleas and go in Albany. TITLE VI. OF MAYORS' COURTS IN CITIES. SEC. 1, 2 & 3. Mayor's court of Albany, by whom held; its powers and terms. 4, 5 & 6. Mayor's court of Hudson, by whom held; its powers and terms. 7 & 8. Clerk of the court; his duty and that of marshal, &c. 9, 10 & 11. Mayor's court of Troy, by whom held; its powers and terms 12. Clerk of Rensselaer county to be clerk of court. 13 & 14. Duty of marshal and other officers. 15. Seals of mayors' courts. 16. Names of their several terms. 17. Aldermen may sit as judges; when to hold courts. 18. Courts how adjourned, if not formed on day appointed. 19. Process not to be tested and returnable in same term. 20. Process how to be made returnable. 21 & 22. Form of records of judgments. court in Al 31. The mayor, recorder and aldermen of the city of Albany, or Mayor's the mayor and recorder jointly, or either of them singly, with or with- bany. out the presence of any of the aldermen, shall have power to hold a court of common pleas, to be called "The mayor's court of the city § 2. The said court shall have power to hear, try and determine, Ib. according to law, all local actions arising within the city of Albany, and also all transitory actions, although the same may not have arisen therein.' (101) 2 R. L. p. 503, § 8. (1) Ib. p. 501, § 1 & 4; Laws of 1814, p. 251, § 8. VOL. II. 28 3. The said court shall be held on the first Tuesday of every month, and may be continued, until and including the following Thursday.2 S 4. The mayor, recorder and aldermen of the city of Hudson, or the mayor and recorder jointly or either of them singly, with or without the presence of any of the aldermen, shall have power to hold a court of common pleas, to be called "The mayor's court of the city of Hudson."3 $5. The mayor's court of the city of Hudson, shall be held on the last Tuesday of every month, and the terms thereof may continue to be held two days inclusive.? $ 6. The mayor's court of the city of Hudson shall have power to hear, try and determine, according to law, all actions, real, personal and mixed, arising within the said city, and not elsewhere.3 $7. The clerk of the city of Hudson, shall be clerk of the said court; and it shall be the duty of the said clerk, and of the marshal, constables, jailers, and all other subordinate officers in and for the said city, to attend the said court as often as shall be requisite, and to obey and perform all the duties of their respective offices, as well when required by the said mayor's court, or any judge thereof, as otherwise.* S8. The said marshal, and other ministerial officers of the said city, shall execute and return all the writs and process of the said court, to them respectively directed, in the same manner as the sheriff and other officers of any court of record in this state.1 $9. The mayor, recorder and aldermen of the city of Troy, or the mayor and recorder jointly or either of them singly, with or without the presence of any of the aldermen, shall have power to hold a court of common pleas, to be called "The mayor's court of the city of Troy."5 $10. The said court shall have power to hear, try and determine, according to law, all local actions arising within the city of Troy, and also all transitory actions, although the same may not have arisen therein.5 $ 11. The said court shall be held on the first Tuesday of every month, at the court-house of the county of Rensselaer, in the said city, and may continue to be held for two days inclusive.5 $ 12. The clerk of the county of Rensselaer, shall, by virtue of his office, be clerk of the said court; and the records and proceedings of the said court shall be filed and kept in the office of the clerk of the said county. (2) 2 R. L. p. 501, § 1 & 4; Laws of 1814, p. 251, § 8. (3) 2 R. L. p. 502, § 2 & 4. (4) Ib. p. 499, § 21 & 22. (5) Laws of 1816, p. 144, § 26, 29 & 35. (6) Ib. § 36. |
