Notifying trial jurors; their fees. Additional Court consists of three judges; chief judge. names of thirty-six persons, or such other number as the court, at any term thereof, directs, to serve as trial jurors. The drawing must be conducted as prescribed by law, for the drawing of trial jurors by a county clerk, except that notice thereof is not necessary. A list of the names of the persons drawn must be certified by the clerk and attending judge, and delivered to the sheriff of Erie county. 1854, ch. 96, 29, amended by Laws of 1857, ch. 361, § 8. See 1 Wait's Pr. 354. Compiled from Laws of 1839, ch. 210, 9 and 10, amended by Laws of 1840, ch. 251, § 10; and Laws of $305. The sheriff must thereupon notify each of the persons so drawn, as prescribed by law for notifying a juror drawn to attend a term of the circuit court. Before the first day of the term, the sheriff must file the list with the clerk, accompanied with his return, specifying who were notified, and the manner in which each person was notified. The clerk must make the same disposition of the ballots, containing the names of the jurors who have served, of those who did not appear, and of those who were discharged, as prescribed by law, with respect to the circuit court. Each juror, attending a term of the court, must be paid by the county of Erie, the same compensation as a juror attending the circuit court. Compiled from the statutes cited in note to preceding section. § 306. At a term where issues of fact, in civil or criminal causes, are triable, the court may, in its discretion, direct additional jurors to be drawn from any list returned by the assessors, and require the sheriff, or a policeman in attendance upon the term, forthwith to notify them to attend; and if a person so drawn cannot be found, the court may cause his name to be returned to the box. Laws of 1854, ch. 96, part of § 29. ARTICLE FOURTH. PROVISIONS EXCLUSIVELY APPLICABLE TO THE SUPERIOR COURT OF BUFFALO. SEC. 307. Court consists of three judges; chief-judge. 308. Court always open; number of trial terms. 309. Appointment of deputy-clerk and assistants to clerk. 310. Clerk may charge fees. 311. Sheriff, etc., to attend terms. 312. Expenses to be a county charge. 313. Stenographers. § 307. The city court of Brooklyn consists of three judges; one of whom must, from time to time, as a vacancy occurs, be appointed chief-judge of the court, as prescribed in the constitution. See Laws of 1870, ch. 470, § 1; Const., art. 6, § 19; 1 Wait's Pr. 371. always number § 308. The court is always open for the transaction of any busi- Court ness, for which notice is not required to be given to an adverse party. open; At least ten terms thereof, for the trial of issues of law or of fact, of trial must be appointed to be held in each year. See Laws of 1870, ch. 470, § 3; 1 Wait's Pr. 377. terms. ment of § 309. The judges of the court, or a majority of them, may Appoint appoint as many special deputy-clerks and assistants in the clerk's deputyoffice, as they deem necessary. Each officer so appointed is entitled assistants to a salary, fixed and to be paid as prescribed by law. A substitute for the provisions of amended by Laws of 1871, ch. 282, clerk and to clerk. may § 310. The clerk of the court is entitled, in addition to his salary, Clerk for any service performed by him, to the fee allowed by law to a charge county clerk, for a similar service. Laws of 1863, ch. 66, part of § 3. See 1 Wait's Pr. 376. fees. etc., to § 311. The sheriff of Kings county, his under-sheriff, or one or sheriff, more deputy-sheriffs, designated by him, must attend each term or attend sitting of the court, as required by the judge or judges holding the same. Laws of 1870, ch. 470, § 11; 1 Wait's Pr. 376. terms. § 312. The expenses of the court are a county charge, and must Expenses be allowed and paid in like manner as other county charges. Laws of 1849, ch. 125, § 25; 1850, ch. 102, § 10; 1863, ch. 66, § 6. And see Laws of 1870, ch. 470, § 20; 1871, ch. 282, § 7. to be a county charge. raphers. § 313. The judges of the court, or a majority of them, from stenogtime to time must appoint, and may at pleasure remove, one or two stenographers, as they deem it necessary for the business of the court. Each stenographer so appointed is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each term of the court, where issues of fact in civil or criminal causes are triable. If two stenographers are appointed, the judges of the court must assign to each his share of the business. A stenographer may, with the assent of the judges of the court, or a majority of them, appoint an assistant-stenographer, to aid him in the discharge of his duties, whose compensation is payable by the stenographer, and is not a county charge. Laws of 1865, ch. 170, as amended of 1871, ch. 282, § 5, remodelled. See by Laws of 1866, ch. 311, and by Laws 1 Wait's Pr. 376. of 1867, ch. 796; and modified by Laws § 314 struck out, 1877, ch. 416. Jurisdiction. TITLE IV. The marine court of the city of New-York. SEC. 315. Jurisdiction. 316. The last section limited. 317. Jurisdiction in marine causes. 318. No power to naturalize aliens. 319. Removal of action to supreme court from marine court. 320. Justices; their general duties. 321. How suspended from office. 322. Chief-justice; how designated; his general duties, etc. 323. Justices may make rules. 324. Court when open; justices to designate terms; routine of business at the terms, etc. 325. Terms, where held; publication of appointments. 326. Justices may take oaths, acknowledgments, etc. 327. Orders, etc., how made. 328. Clerk, deputy-clerk and assistants. 329. General duties of deputy-clerk. 330. Special deputy-clerks. 331. Clerk to account monthly for fees, and pay over the same. 332. Stenographers. 333. Interpreter. 334. Id.; penalty for misconduct. 335. Clerk must appoint attendants, etc. 336. Clerks, interpreter and attendants not to receive fees. 337. Suspension of an officer of the court. 338. What mandates may be executed without the city. 339. Direction and execution of mandates. § 315. [Amended, 1877.] The jurisdiction of the marine court of the city of New-York extends to the following cases: 1. An action against a natural person, or against a foreign or domestic corporation, wherein the complaint demands judgment for a sum of money only, or to recover one or more chattels, with or without damages for the taking or detention thereof. 2. An action to foreclose or enforce a lien upon real property in the city of New-York, created, as prescribed by statute, in favor of a person, who has performed labor upon, or furnished materials to be used in the construction, alteration, or repair of a building, vault, wharf, fence, or other structure; or who has graded, filled in, or otherwise improved, a lot of land, or the sidewalk or street in front of or adjoining a lot of land. 3. An action to foreclose or enforce a lien, for a sum not exceeding two thousand dollars, exclusive of interest, upon one or more chattels. 4. The taking and entry of a judgment, upon the confession of one or more defendants, where the sum, for which judgment is confessed, does not exceed two thousand dollars, exclusive of interest from the time of making the statement, upon which the judgment is entered. This and the following section are substantially formed from jurisdictional provisions contained in the following statutes: Laws of 1872, ch. 629, 3, subd. 1-12, and subd. 15; 1874, ch. 545, 5; 1875, ch. 479, § 1; id., ch. 379, §§ 1 and 2. Subd. 3, of § 316. The jurisdiction conferred by the last section is subject to The last the following limitations and regulations: 1. In an action wherein the complaint demands judgment for a sum of money only, the sum, for which judgment is rendered in favor of the plaintiff, cannot exceed two thousand dollars, exclusive of interest, and costs as taxed; except where it is brought upon a bond or undertaking, given in an action or special proceeding in the same court, or before a justice thereof; or to recover damages for a breach of promise of marriage; or where it is a marine cause, as that expression is defined in the next section. Where the action is brought upon a bond or other contract, the judgment must be for the sum actually due, without regard to a penalty therein contained; and, where the money is payable in instalments, successive actions may be brought for the instalments, as they become due. 2. In an action to recover one or more chattels, a judgment cannot be rendered in favor of the plaintiff, for a chattel or chattels, the aggregate value of which exceeds two thousand dollars. 3. The court has not jurisdiction of an action against an executor or administrator, in his representative capacity. See note to preceding section. section limited. tion in § 317. The following actions are styled in this act, marine causes, Jurisdicand the court possesses the same jurisdiction of such an action, as marine the supreme court of the State: 1. An action in favor of a person, belonging to a vessel in the merchant service, against the owner, master, or commander thereof, for the reasonable value of services, or for the breach of a contract to pay for services, rendered or to be rendered on board of the vessel, during a voyage, wholly or partly performed, or intended to be performed by it. 2. An action in favor of or against a person, belonging to or on board of a vessel in the merchant service, to recover damages for an assault, battery, or false imprisonment, committed on board the vessel, upon the high seas, or in a place without the United States. causes. No power to naturalize aliens. Removal of action to su preme court from marine court. Justices; their general duties. How suspended from office. But this section does not confer upon the marine court authority to proceed, as a court of admiralty or maritime jurisdiction. See Laws of 1872, ch. 629, § 3, subd. 13 and 14; 2 R. L. 382, § 106; Wait's Code, 89. § 318. The court has not, nor has either of the justices thereof, power to naturalize an alien. Laws of 1852, ch. 389, part of & 10. § 319. The supreme court, at a term held in the first judicial district, 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 the marine court, 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 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. The provisions of sections 344, 345 and 346 of this act, apply to an application to remove such an action, and to the proceedings upon and subsequent to the removal, as if the marine court was specified in those sections in place of the county court, and a justice thereof in place of the county judge. New provision. § 320. [Amended, 1877.] The court consists of six justices, one of whom is the chief-justice of the court. Each justice must perform his share of the labors and duties appertaining to the office. One of the justices must attend at the chambers of the court, from ten o'clock in the morning until four o'clock in the afternoon of each day, except Sunday, a public holiday, or a day upon which the inhabitants of the city of New-York generally refrain from business. Each justice, while in the rooms of the court, and not actually engaged in the performance of other official duties, must act upon any application for his official action, properly made to him. The justice, assigned to a trial term or a special term, must remain in attendance, until the day calendar is disposed of, or for such other time as is reasonable. Laws of 1849, ch. 144, §§ 1 and 8; 1852, ch. 389, § 1; 1870, ch. 580, § 2; 1872, ch. 629, § 4. § 321. Where it appears presumptively, to the satisfaction of the governor, that a justice of the court has been guilty of corruption, or other gross misconduct in office; or habitually neglects to per |