Judgments Removal to the supreme court.

times as the justices of the court may, by order, prescribe; and the justice holding the same may adjourn such term, from time to time, as the business before it may require. Laws of 1854, ch. 96, § 22; Laws of 1870, ch. 313. Trial terms are held by a single justice. Ib. Issues of fact are triable at the trial terms, except as otherwise provided. Ib.

c. Special term. The justices of the court appoint special terms to be held by a single justice, at such times and places as are named in the appointment, for the transaction of all business, except the trial of issues of fact by a jury, and may authorize issues of fact triable by the court, to be noticed and brought on for trial at such terms. Laws of 1870, ch. 313.

d. Chamber business. It is the duty of the court to provide for the attendance of one of its justices for the transaction of chamber business, at such places and time as shall be designated by rule. Laws of 1870, ch. 313.

e. Petit jurors. The assessors of the city of Buffalo, who may associate the clerk of the court with them, make out and file with the clerk of the court, a list of 600 residents of the city, who are qualified to sit as petit jurors. Laws of 1854, ch. 96, § 28; Laws of 1857, ch. 361; Laws of 1870, ch. 313. From this list thirty-six persons, or such other number as the court may order, are drawn by the clerk in the presence of one of the justices. The court may order talesmen to be drawn from the list. Laws of 1857, ch. 361.

f. Rooms, etc. It is the duty of the supervisors of Erie county to provide rooms and accommodations for the court, and if they neglect or refuse to do so, the court may direct other persons to provide the same, whose expenses are a county charge. Laws of 1854, ch. 96, § 30.

Section 2. Judgments. Any judgment of this court may be docketed in any county of the State, with the same effect as judgments of the supreme court. Laws of 1854, ch. 96, § 21; Laws of 1857, ch. 361.

ARTICLE VI.

REMOVAL OF CAUSES.

Section 1. Removal to the supreme court.

a. When actions will be removed. The supreme court may remove any action pending in the superior court into the su

Removal from the supreme court - Proceedings after removal.

preme court to be tried in some county other than Erie, when, if the action were pending in the supreme court, it would change the place of trial from Erie to some other county in the following

cases:

1. When the cause of action has not arisen in the county of Erie, where the action is for the recovery of a penalty or forfeiture imposed by statute, or against a public officer, or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who, by his command, or in his aid, has done something touching the duties of such officer.

2. When there is ground to believe that an impartial trial cannot be had in the city of Buffalo, or the convenience of witnesses requires the change. Laws of 1870, ch. 313.

b. How removed. The removal is effected by order, made in the supreme court upon motion. Laws of 1870, ch. 313. Any justice of the supreme court, or of this court, may make an order staying proceedings in any action pending in the superior court for the purposes of such motion. Laws of 1854, ch. 96, § 16. The order staying proceedings may be revoked by the justice who granted it. Ib.

c. Proceedings after removal. On filing a certified copy of the order of removal, in the office of the clerk of the superior court, the action shall be deemed to be removed into the supreme court, which shall proceed therein as if the same had been commenced there; and the clerk of the superior court must forthwith transmit to the clerk of the county in which, by such order, the trial is directed to be had, all process, pleadings, and proceedings in such action, which are in his office. Laws of 1854, ch. 96, § 17.

Section 2. Removal from the supreme court.

a. Actions, how removed. Any action pending in the supreme court may be removed into the superior court by filing a written stipulation to that effect, signed by the attorneys for the respective parties, with the county clerk, who must enter an order for the removal of such action, and immediately transmit to the clerk of the superior court a certified copy of such order, and all the process, pleadings and proceedings in the action. Laws of 1854, ch. 96, § 18.

b. Proceedings after removal. After the certified copy of the order for removal, and the papers in the action, have been

Supreme court rules - Other rules-Appeals from- Appeals to. transmitted to the superior court, that court has jurisdiction of the action, and may exercise the same powers in respect to it, and any proceedings therein, that the supreme court could have exercised if the action had remained in that court. Laws of 1854, ch. 96, § 18.

ARTICLE VII.

RULES.

Section 1. Supreme court rules. The general rules of the supreme court, adopted by the convention of judges (in which the chief judge of this court is entitled to sit), are binding upon this court, so far as they are applicable to its practice. Laws of 1870, ch. 408, § 13; Laws of 1854, ch. 96, § 27; Laws of 1870, ch. 313.

Section 2. Other rules. This court may make such other rules in regard to the transaction of business before it, not inconsistent with the general rules of the supreme court, as it may deem necessary. Sup. Ct. Rules, 96; Laws of 1854, ch. 96, §

a. General term. Appeals from the general term of this court are taken directly to the court of appeals, in the same manner and in the same cases as from the supreme court. Laws of 1854, ch. 96, § 19; Laws of 1857, ch. 361; Code, § 11.

b. Special term. Appeals may be taken from the special to the general term of this court, in all cases where an appeal could be taken to the general term of the supreme court, if the action or proceeding were pending therein. Laws of 1854, ch. 96, § 19; Laws of 1857, ch. 361; The Hollister Bank of Buffalo v. Vail, 15 N. Y. (1 Smith) 593.

Section 2. Appeals to. Appeals from courts of justices in the city of Buffalo lie exclusively to this court. Code, § 352.

CHAPTER XII.

MAYOR'S AND RECORDER'S COURTS.

ARTICLE I.

ORGANIZATION.

Section 1. Origin.

a. In general. The mayor's and recorder's courts existing in the various cities of this State have each a common origin in the old Dutch court, established in New York in 1653, and denominated "the worshipful court of the schout, burgomaster and schepens." This ancient court retained its organization and its name until the government of the colony of New York, or, as it was then called, New Netherland, passed from Dutch to English hands, when this court was first called by its present name, the mayor's court. The court continued its old organization with but little change until 1684, when a recorder was for the first time appointed, and became an officer of the court. Two years later important changes were made in respect to the powers and duties of this court. The legislative power which it had previously exercised became vested in the common council. The jurisdiction of the mayor's court was confined to civil actions, and a new court was created, having jurisdiction of criminal causes only, called the court of quarter sessions, now the court of sessions. For a full and able historical sketch of the origin of these courts see the history of the court of common pleas, by Hon. Chas. P. Daly, 1 E. D. Smith, Preface.

Section 2. Establishment.

a. In general. The common origin of all the mayor's and recorder's courts of the cities of this State has been briefly noticed in the previous section. A brief review of the history of the establishment of some of the more important of these courts is here given,,with a view to the furnishing of the sources from which further information may be derived, rather than to the presentation of the details of the organization and jurisdiction of each court. The space allotted to this part of this work forbids a more extended discussion.

Mayor's and recorder's courts of Albany, Buffalo, Hudson, Oswego, Rochester, etc.

b. Mayor's court of the city of Albany. The mayor's court of the city of Albany was established prior to 1828, and retained its name until 1867, when it was abolished, the statutes creating and regulating it repealed, and its jurisdiction transferred to the supreme court. See Laws of 1867, ch. 272.

In

c. Recorder's court of the city of Buffalo. The recorder's court of the city of Buffalo was organized in 1839, and was continued under its original name and organization until 1854. that year its organization was changed, its jurisdiction extended, and the existence of the court itself merged in that of the superior court of Buffalo. Laws of 1854, ch. 96.

d. Mayor's court of the city of Hudson. The mayor's court of the city of Hudson was organized in the year 1813. See 2 R. L. 502. The original jurisdiction of this court, at the time of its organization, was limited and local, but by subsequent legislative enactments was extended to all causes of action, wherever arising. Its appellate jurisdiction was, however, confined to appeals from judgments of a justice of the peace of the city of Hudson. See Laws of 1829, ch. 101; Laws of 1844, ch. 189. The judgments of this court, when docketed, are enforceable in any county in this State.

e. Recorder's court of the city of Oswego. The recorder's court of Oswego was established and its jurisdiction prescribed and defined by the laws of 1848. See Laws of 1848, ch. 374. In the following year the provisions of the act establishing this court were made to conform to other acts establishing similar courts in other cities. See Laws of 1849, ch. 134. The judgments of this court, when docketed, are enforceable in the same manner and to the same extent as judgments of the supreme court. Laws of 1848, ch. 374.

f. Mayor's court of Rochester. The mayor's court of Rochester was established in 1844. See Laws of 1844, ch. 145. It was, however, abolished in the year 1849, and its jurisdiction transferred to the supreme court. See Laws of 1849, ch. 303.

g. Mayor's court of the city of Troy. The mayor's court of Troy was organized in 1816, and its jurisdiction prescribed and defined. See 2 R. S. 218 (227), § 9; Laws of 1816, ch. 144, § 26. The jurisdiction of this court was, however, modified in some important particulars in the year 1848. See Laws of 1848, ch. 86, § 5.

h. Recorder's court of the city of Utica. The recorder's court of Utica was established in 1844, and its jurisdiction was defined