Removal to supreme court-Removal to county court-Power to make rules.

ARTICLE VI.

REMOVAL OF CAUSES.

Section 1. Removal to supreme court.

a. In what cases. The following actions, when pending in any mayor's court, may be removed by certiorari into the supreme court, by order of a judge of that court, or an officer empowered to perform the duties of such a judge out of court. (a) All personal actions, where the debt or damages claimed, or the matter or thing in demand, exceeds the sum of $250;

(b) All actions in which the people of this State are interested; (c) All actions by or against a city corporation;

(d) All actions of ejectment; and

(e) All other actions in which the title of real estate comes in question;

(ƒ) All actions of replevin; and (g) All actions for false imprisonment. 5 (404).

Section 2. Removal to county court.

2 R. S. 389, §§ 1, 4,

a. In what cases. 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 of the county, and the papers on file shall be transmitted to such court, which shall thenceforth have jurisdiction thereof. Code, § 33, subd. 2.

ARTICLE VII.

RULES.

Section 1. Power to make rules.

a. Supreme court rules. The rules adopted by the supreme court in relation to proceedings for the discovery of books, papers, documents, etc., are binding upon these courts, except as the same may be modified by the rules of these courts respectively, as to the length of any notice, or the time in which any act is to be done. Laws of 1841, ch. 38, § 2. By the laws of 1870, provisions are made for revising, altering, abolishing and making rules of the supreme court, which shall be binding upon all courts of

Appeals from this court-Granting new trials.

record, so far as applicable thereto (Laws of 1870, ch. 408, § 13); and by rule 96, of the rules adopted pursuant to such provisions, it is provided, that the various courts of record and general terms may make such further rules in regard to the transaction of business before them respectively, not inconsistent with the foregoing rules, as they in their discretion may deem necessary. New Rule 96.

ARTICLE VIII.

APPEALS.

Section 1. Appeals from this court. An appeal from the judgments of these courts may be taken to the supreme court at general term. Code, § 344. Upon an appeal, under this section, from an inferior court to the supreme court, the latter possesses no other power than formerly upon a writ of error, and hence, upon such an appeal from a mayor's court, the judgment below cannot be reversed, because the jury have given excessive damages. Thurber v. Townsend, 22 N. Y. (8 Smith) 517.

Section 2. Granting new trials.

a. In general. New trials may be granted by the mayor's courts, on the ground that the jury has given excessive damages. Thurber v. Townsend, 22 N. Y. (8 Smith) 517. So a new trial or the setting aside of a judgment entered on the report of a referee, may be granted. People v. Austin, 43 Barb. 313.

b. Appeals from justices in summary proceedings. All appeals from proceedings before or decisions by any justice of the peace in summary proceedings for the recovery of land and tenements situated within the city of Utica, may be taken to the recorder's court of that city. Laws of 1845, ch. 291, §3: 3 R. S. (5th ed.) 342.

CHAPTER XIII.

CITY COURT OF BROOKLYN.

ARTICLE I.

ORGANIZATION.

Section 1. Historical. This court was organized by an act of the legislature passed in 1849. It was established as a court of record under the name of "The city court of Brooklyn." Laws of 1849, ch. 125.

It then consisted of a city judge, who was elected for the term of six years at the charter election of the city, but the mayor and any two aldermen of the city had power to hold the court in case of the absence, inability to attend, or vacancy in the office of the city judge. It was provided that the judge so elected might be removed in the same manner as a county judge. Laws of 1849, ch. 125.

The court had criminal jurisdiction to the same extent as courts of sessions in the various counties of the State. Ib.

It remained under this organization until 1870, when the number of judges was increased and its jurisdiction was enlarged. Laws of 1870, ch. 470.

Section 2. Present organization.

a. Number of judges. By an act passed April 28, 1870, the number of judges of this court was increased to three, the election of two additional judges being provided for by that act, and the power of the mayor and aldermen of the city to sit in the court was taken away. Laws of 1870, ch. 470, §§ 1, 2.

b. Term of office. The judges are elected for the term of fourteen years from and including the first day of January next after their election, but no person can hold the office of judge longer than until and including the last day of December next after he shall be seventy years of age. Const., art. 6, § 13.

c. Compensation. Each of the justices receives a salary, which is fixed by the supervisors of the county of Kings, and which cannot be diminished during their term of office. Const., art. 6, 14; Laws of 1870, ch. 470, § 12.

Certificate of term, vacancies- Juries.

d. Certificate of term, vacancies. It is the duty of each judge, before he enters upon the duties of his office, to make and sign a certificate, which must be filed in the office of the secretary of state, stating his age and when his official term will expire. When vacancies occur by the effluxion of time or the disability of age, they are filled at the preceding general election. Laws of 1870, ch. 86, §§ 8, 9.

Vacancies otherwise occurring are filled for a full term at the next general election, happening not less than three months after such vacancy occurs, and until so filled, the governor, with the concurrence of the senate, or if the senate is not in session, the governor may appoint to fill such vacancy. Any such appointment shall continue until and including the last day of December next after the election at which the vacancy shall be filled. Laws of 1870, ch. 86, § 9; Const., art. 6, §§ 9, 12.

e. Chief judge. The judges of the court choose from their own number a chief judge who acts as such during his official term. Const., art. 6, § 12.

f. Court of record. The court possesses a seal and is declared to be a court of record. Laws of 1850, ch. 102, § 4; Laws of 1870, ch. 470, § 2.

Section 3. Juries.

a. Lists to be made. The mayor, with the assessors of the several wards of the city in the month of May in each year, must make and file with the clerk of the court lists of the residents of the city who are qualified to sit as grand and petit jurors. Laws of 1849, ch. 125, § 15.

b. Jury, how drawn. From these lists the grand and petit jurors are drawn by the clerk of the court in the presence of a judge of the court, or one of the aldermen of the city. The jurors must be summoned at least four days before the term of the court at which they are to sit. Laws of 1849, ch. 125, §§ 16, 17.

c. New panel. The court may, during any term when it is deemed necessary, order a new panel of thirty-six jurors to be drawn, who must be drawn and summoned at least two days before the time when they are required to attend, and upon their attendance the former jurors must be discharged. Laws of 1849, ch. 125, § 18.

d. Compensation. Petit jurors are allowed twelve and a half cents in civil cases for each cause in which they are sworn as jurors, and in addition the same compensation as is allowed for

Original jurisdiction.

similar services in the other courts of record in Kings county. Laws of 1850, ch. 102, § 8.

ARTICLE II.

JURISDICTION.

Section 1. Original.

a. In general. The city court of Brooklyn has jurisdiction of the following actions and proceedings, where the cause of action has arisen or the subject thereof is situated within the city of Brooklyn:

1. For the recovery of real property or of any interest therein, or for the determination in any form of such right or interest, and for injuries to real property.

2. For the partition of real property.

3. For the foreclosure or satisfaction of a mortgage of real or personal property. See Griswold v. Atlantic Dock Company, 21 Barb. 225.

4. For the recovery of personal property distrained for any

cause.

5. Its jurisdiction extends to all other actions where the cause of action has arisen in said city, or where any of the defendants reside or are personally served with the summons within the said city.

6. To actions against corporations created under the laws of this State, and transacting their general business within the said city, or established by law therein. See Crofut v. The Brooklyn Ferry Company, 36 Barb. 201.

7. To actions for the partition of the real estate of infants, in which actions this court has the same jurisdiction as is given to the supreme court by section 1 of chapter 277 of the Laws of 1852.

8. For the admeasurement of dower.

9. For the sale, mortgage or other disposition of real property of infants, habitual drunkards, lunatics, idiots and persons of unsound mind.

10. To compel the specific performance by infant heirs or other persons, of contracts respecting real property and chattels real. 11. For the mortgage or sale by religious corporations of their real property, and the application of the proceeds thereof.