$29. [32.] Repeal of existing statutes.

All statutes now in force, conferring or defining the jurisdiction of the county courts, so far as they conflict with this act, are repealed; and those courts shall have no other jurisdiction than that provided in the next section. But the repeal contained in this section shall not affect any proceedings now pending in those courts.

30. [33.] (Am'd 1849, 1851, 1852, 1860.) Jurisdiction: Transfer of action to Supreme Court.

The county court has jurisdiction in the following special cases, but has no original civil jurisdiction except in such

cases:

1. Civil actions in which the relief demanded is the recovery of a sum of money not exceeding five hundred dollars, or the recovery of the possession of personal property not exceeding in value five hundred dollars, and in which all the defendants are residents of the county in which the action is brought at the time of its commencement, subject to the right of the supreme court, upon special motion, for good cause shown to remove any such action to the supreme court before trial.

2. The exclusive power to review, in the first instance, a judgment rendered in a civil action by a justice's court in the county, or by a justice's court in cities, and to affirm, reverse, or modify such judgment.

a. County judges are not allowed any fees for services except for such as may be performed by justices of the peace, or commissioners of deeds; and no greater fees for such services than those allowed to said justices and commissioners. Surrogates' fees not affected. (Laws 1857, vol. 2, p. 197.)

3. The foreclosure or satisfaction of a mortgage, and the sale of mortgaged premises situated within the county, and the collection of any deficiency on the mortgage, remaining unpaid after the sale of the mortgaged premises.

4. The partition of real property situated within the county. 5. The admeasurement of dower in land situated within the county.

6. The sale, mortgage, or other disposition, of the real property situated within the county, of an infant, or person of unsound mind.

7. To compel the specific performance by an infant heir, or other person, of a contract made by a party who shall have died before the performance thereof.

8. The care and custody of the person and estate of a lunatic or person of unsound mind, or an habitual drunkard, residing within the county.

9. The mortgage or sale of the real property situated within. the county, of a religious corporation, and the disposition of the proceeds thereof.

10. To exercise the power and authority heretofore vested in such courts of common pleas, over judgments rendered by justices of the peace, transcripts of which have been filed in the offices of the county clerks in such counties.

11. To exercise all the powers and jurisdiction conferred by statute upon the late courts of common pleas of the county, or the judges, or any judge thereof, respecting ferries; fisheries; turnpike roads; wrecks; physicians, habitual drunkards; imprisoned, insolvent, absent, concealed, or non-resident debtors; jail liberties; the removal of occupants from State lands; the laying out of railroads through Indian lands; and upon appeal from the determination of commissioners of highways; and all other powers and jurisdiction conferred by statute, which has not been repealed, on the late court of common pleas of the county, or on the county court since the late courts of common pleas were abolished, except in the trial and determination of civil actions; and to prescribe the manner of exercising such jurisdiction when the provisions of any statute are inconsistent with the organization of the county court.

12. To remit fines and forfeited recognizances, in the same cases and like manner as such power was given by law to

courts of common pleas.. But the first subdivision of this section shall not apply to the county courts of the counties of Kings and Erie.

13. To grant new trials, or affirm, modify, or reverse judg ments in actions tried in such court upon exceptions, or case made, subject to an appeal to the supreme court.

But in any action or proceeding pending in the county court, in which the county judge is for any cause incapable of acting, it shall be his duty to make a certificate of such fact, and file the same in the office of the clerk of such county court, and thereupon jurisdiction of such action or proceeding shall be vested in the supreme court, and such further proceedings shall be had therein, according to the practice of such court, as might have been had in the county court, if such cause or matter had remained therein; but all such matters shall be heard or tried in the first instance at a special term or circuit court, held in a county where such action or proceeding is situated.

à. By the constitution (art. vi., sec. 14,) the legislature is empowered to con fer equity jurisdiction in special cases upon the county judge; and in another part of the same section, it is provided that "county courts shall have such jurisdiction, in cases arising in justices' courts, and in special cases, as the legislature may prescribe, but shall have no original civil jurisdiction except in such cases." In Kundolf v. Thalheimer (2 Kernan, 593), it was decided that the county courts have no jurisdiction of an action for an assault, although the damages sought to be recovered do not exceed $500, and, although all the defendants reside in the county where the action is brought, at the time of its commencement; that such an action is not a "special case," within the meaning of that term in the constitution, and therefore the provision purporting to confer jurisdiction therein upon the county court is void. And it was suggested that the county courts have no jurisdiction in any of the ordinary common-law actions. That suggestion has not found favor. Kundolf v. Thaiheimer, although not overruled, is authority only for the exact point decided. The county court has jurisdiction of actions to foreclose mortgages (Benson v. Cromwell, 6 Abb. 43; Arnold v. Rees, 17 How. 35; 7 Abb. 328; 18 N. Y. 57, overruling Hall v. Nelson, 23 Barb. 88); and to partition lands within the county (Doubleday v. Heath, 16 N. Y. 80).

JURISDICTION OF COUNTY COURTS.

6. County courts have also jurisdiction of appeals from the decision of a justice's court, in summary proceedings to recover the possession of land (Laws 1849, p. 292); and their appellate jurisdiction has been held to extend to a judgment in a justice's court in proceedings under the mechanics' lien law. (The People v. Rensselaer County Judge, 13 How. 398). These courts have the same jurisdiction in their respective counties in relation to the liberties of jails, as was vested in courts of common pleas by the revised statutes, part 3, art. iii. tit. 6. cap. 7. (Laws 1851, p. 22.) They have also jurisdiction in proceedings for the naturalization of aliens. (The People v. Pease, 30 Barb. 589.) To entertain an application to change the location of a toll gate. (McAlister v. Albion Plank Rd Co., 11 Barb. 610,) of proceedings to acquire land for the Lockport & Niagara Falls Railroad. (Mosier v. Hilton, 15 Barb. 657.)

c. County courts have no jurisdiction to appoint a receiver of a religious cor

poration, but only the special jurisdiction formerly vested in the chancellor, to direct the application by the corporation itself, of the proceeds of a sale of real estate. (Wheaton v. Gates, 18 N. Y. 396.)

a. Note to subd. 2.-There is no appeal to the county court from the verdict of a jury given upon, the laying out of a private road. (The People v. Robinson, 17 How. 534; 29 Barb. 77.)

b. Appeal lies to Steuben county court from judgments rendered by the Police Justice of the village of Corning. (Laws 1860, ch. 72.)

c. The county court on appeal may reverse in part, and affirm in part, a judgment of a justices' court, for entire damages, when it clearly appears there are two or more independant causes of action. (Staats v. Hudson River R. R., 23 How. 463.)

d. Note to subd. 8.-This subdivision confers jurisdiction on county courts respecting habitual drunkards in all cases. (Davis v. Spencer, 24 N. Y. 386, overruling; Re Smith, 16 How. 567.)

e. Note to subd. 13.-" Whenever a cause or matter shall be pending in any county court, in which the judge of such court shall have been attorney, or counsel, or shall be interested; or in which he would be excluded from being a juror, by reason of consanguinity or affinity to either of the parties; or in the decision of which he shall have taken part when sitting as a judge in any other court,-it shall be his duty to make a certificate stating such fact, and file the same in the office of the clerk of such county court; and thereupon jurisdiction of such cause or matter shall be vested in the supreme court, in which such proceedings shall be had therein, according to the practice of such court, as might have ben had in such county court if such cause or matter had remained therein." (Laws 1847, c. 470, s. 31.) Perhaps the 13th subdivision, supra, abrogates the law of 1847. Where the appeal from a justice's court to the county court is transferred to the supreme coust by reason of the incapacity of the county judge to hear same, it must be heard in the first instance at a special term of the supreme court. (Sheldon v. Albro, 8 How. 305; Davis v. Stone, 16 id. 508.) The appeal is to be heard on the original papers; and no copy need be furnished for the use of the court (Willis v. Peck, 16 id. 541); the appeal is to be heard in the county court of the county from which it was transferred, and in no other county. (Id.) From the decision at special term an appeal may be made to the general term. (Davis v. Stone, supra.) And where appeal is heard by the supreme court because of the incompetency of the county judge to hear same, the successful party is entitled only to the same costs as he would have been entitled to if the appeal had been decided by the county judge. (Taylor v. Seely, 3 Code R. 84; 4 How. 314; O'Callaghan v. Carroll, 16 How. 327; Davis v. Stone, id. 538.)

f. By subdivision 2, of sec. 33, of this code, " any action or proceeding pending in any mayor's or recorder's court in which the judge is for any cause incapable of acting, may, by such court, be transferred to the county court." See note to section 60, post.

§ 31. [34.] (Am'd 1849, 1851.) When opon. Terms. 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.

§ 32. [36, 37, 38.] (Am'd 1849.) Jurors.

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.

See laws 1861, p. 14, ch. 8.