Page images
PDF
EPUB

discharge a recognizance taken in its county for the appearance of a person in another county. In the latter case, the power of remitting or discharging the recog. nizance is vested in the county court of the county, in which the person is bound to appear. In effect Jan. 1, 1890; L. 1895, ch. 946. 2 R. S. 486, S 38, am'd.

$ 352. Notice of application, etc.; costs to be paid on remission. - An application for an order, as preBcribed in the last section but one, cannot be heard, until such notice thereof as the court deems reasonable, has been given to the district-attorney of the county, and until he has had an opportunity to examine the matter, and prepare to resist the application. And upon granting such an order, the court must always impose, as & condition thereof, the payment of the costs and expenses, if any, incurred in an action or special proceed. ing for the collection of the fine, or the penalty of the recognizance. Id., 8! 39 and 41.

$ 353. Fines imposed by justices of the peace; how remitted. -- Where a person has been fined by a court of special sessions, or by a justice of the peace, upon a conviction for an offence, and has been committed to jail for non-payment of the fine, the county court of the county may make an order, remitting the fine, wholly or partly, and discharging him from his imprisonment. The power conferred by this section must be exercised in the manner prescribed, and subject to the provisions contained, in the last three sections. Id., $ 42.

$ 354. Who may make orders. - In an action or special proceeding in a county court, an order may be made without notice, or an order to stay proceedings may be made upon notice, by a justice of the supreme court, or by the county judge of the county where the attorney for the applicant resides, in a case where the county judge, in whose court the action or special pro ceeding is brought, may make the same, out of court; and with like effect. See L. 1847, ch, 280, & 34 ; also $ 277, ante.

8 365. (Amended, 1877.] County court when open tarms thereof. The county court is always opon foi

the transaction of any business, for which notice is not required to be given to an adverse party, except where it is specially prescribed by law, that the business must be done at a stated term. The county judge must, from time to time, appoint the times and places for holding terms of his court. At least two terms, for the trial of issues of law or of fact, must be appointed to be held in each year. Each term may continue as long as the county judge deems necessary.

The county judge may, by a new appointment, change the day ap. pointed for holding a term, or appoint one or more addi. tional terms, or dispense with the holding of a term, without affecting any other term or terms theretofore appointed to be held. Each term must be held at the place designated by statute for that purpose; except that the county judge may, from time to time, adjourn s term to any place within the county, for the hearing and decision of motions and appeals, and trials and other proceedings without a jury; and may appoint as many terms as he thinks proper to be held, either at the court-house or elsewhere in the county, for the same purpose.

See Co. Proc., 31, and L. 1847, ch. 470, part of 24. Brown Snell, 57 N. Y. 286; Lillis v. O'Conner, 8 Hlun, 282.

$ 356. Notice of appointment to be published. Each appointment, made as prescribed in the last section, must be filed in the county clerk's office, and a copy thereof published, at least once in each week, for three successive weeks before a term is held, changed, or dispensed with, by virtue thereof, in the newspaper in the city of Albany, in which legal notices are required to be published, and also in at least one newspaper, published in the county, and as many additional newspa. pers, published therein, as the county judge prescribes. The expense of the publication is a county charge.

$ 357. [Amended, 1895.] Jurors, how drawn and notified.-- Jurors for the terms of the county court, at which issues of fact are triable by jury, must be drawn and notified in the same manner as for a trial term of the supreme court. In effect Jan. 1, 1895 ; L 1845, ch. 946.

$ 358. [Amended, 1895.] Stenographers for county courts.- The board of supervisors of any,

county, except Kings, Livingston, Monroe, Cortland, Oswego, Westchester and Orcndaga, may, in their discretion, provide for the employment of a stenographer for the county court thereof, and when said board of supervisors shall so provide, the stenographer shall be appointed by the county judge, and said board of supervisors must fix his compensation and provide for the payment thereof in the same manner as ether county expenses are paid. In effect Jan. 1, 1896 ; L. 1895, ch. 946.

& 359. [Amended, 1895.] Stenographer for county court in Kings county.- The county judges of the county of Kings, from time to time, must appoint, and may at pleasure remove, a stenographer, to be attached to the county court of the county of Kings, who is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each trial of an issue of fact in the county court. The stenographer, appointed as prescribed in this section, may, with the consent of the county judges, appoint an assistant stenographer, to aid him in the discharge of his duties, whose compensation shall be paid by the stenographer, and is not a county charge. In effect Jan. 1, 1896 ; L. 1895, ch. 946.

& 360. [Amended, 1895.] Interpreter for county court, etc., in Kings county.- The county judges and the surrogate of the county of Kings, from time to time, must appoint, and may at pleasure remove, an interpreter, to be attached to the county court and the surrogate's court of the county of Kings. Before entering upon the discharge of his duties, he must file in the county clerk's office the constitutional oath of office, and an additional oath, which may be incorporated into the constitutional oath, to the effect that he will fully and correctly interpret and translate each question propounded to a witness, and each answer thereto. In effect Jan. 1, 1896 ; L. 1895, ch. 946.

§ 361. [Amended, 1895.] Stenographers. The county judge in either of the counties of Livingston, Niagara, Monroe, Onondaga, Oswego or Cortland, where issues of fact are triable, may employ a stenog

rapher to take stenographic notes upon trials thereat, who is entitled to a compensation to be certified by the judge, not exceeding ten dollars for each day's attendance at the request of the judge. The stenographer's compensation is a charge upon the county, and in the counties of Livingston and Onondaga must be audited, allowed and paid as other county charges; and in the counties of Monroe, Niagara, Oswego and Cortland must be paid by the county treasurer, on an order of the court, granted on the affidavit of the stenographer, and the certificate of the judge that the services were rendered. The county judge of Erie county may appoint and may at pleasure remove a stenographer of said court, who must attend each term of the said court where issues of fact in civil and criminal cases are triable, and shall receive therefor a salary of fifteen hundred dollars per annum, together with his necessary expenses for stationery, to be paid by the treasurer of said county of Erie, in equal monthly installments, on the certificate of said judge that the services have been actually performed or the expenses necessarily incurred. S.aid stenographer shall also report and transcribe opinions for the county judge, as well as special proceedings where a stenographer is required, without additional compensation. In efect Jan. 1, 1896; L. 1895, ch. 946.

CHAPTER IV.

.

LIMITATION OF THE TIME OF ENFORCING A

CIVIL REMEDY.

TITLE

1.- ACTIONS FOR THE RECOVERY OF REAL

PROPERTY.

TITLE II.- ACTIONS OTHER THAN FOR THE RECOVERY

OF REAL PROPERTY. TITLE III.- GENERAL PROVISIONS.

TITLE I.

Actions for the recovery of real property.

SEC. 362. When the people will not sue.

363. Action by grantee from the State.
364. Action after annulling letters patent.
365, 366. Seizin within twenty years, when necessary, etc.
367. Action after entry.
368. Possession, when presumed ; occupation presumed to be one

der legal title.
369. Adverse possession under written instrument or judgment.
370. 1d., what constitutes it.
371. Adverse possession under claim of title not written,
372. Id.; what constitutes it.
373. Relation of landlord and tenant, as affecting adverse posses.

sion).
374. Right not affected by descent cast.

375. Certain disabilities excluded from time to commence action. § 362. When the people will not sue. The people of the State will not sue a person for or with respect to real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless either,

1. The cause of action accrued within forty years before the action is commenced; or,

2. The people, or those from whom they claim, have received the rents and profits of the real property, or of some part thereof, within the same period of time.

Co. Proc., $ 75, am'd. People v. Van Rensselaer, 8 Barb. 189; People v. Livingston, id. 251; People v. Arnold, 4 N. Y. 508; People v. Gilbert, 18 Johns. 227; United States v. White, 2 Hill, 59 ; People v. Trinity Church, 22 N. Y. 44,

« PreviousContinue »