Rules and practice - Setting aside verdict, etc. - Fining jurors.

court, to compel the discovery and production of books, papers and documents, as are conferred, by the Revised Statutes, upon the supreme court. 4 Statutes at Large, 550, ch. 38, § 2; Laws of 1841, ch. 38, § 1.

b. Rules and practice. The rules and practice adopted and to be from time to time adopted by the supreme court in relation to proceedings for the discovery of books, etc., are to be adopted in these courts, except as to the length of any notice, or time in which any act is to be done; which may be modified by the rules of these courts. Laws of 1841, ch. 38, § 2.

Although the supreme court is to prescribe, by general rules, the cases in which a discovery may be compelled, an omission to frame such rules will not annul the inherent powers of these courts. In this respect, they possess and may exercise all the powers granted to the supreme court (ante, 30, § 1), and that authority is not suspended until rules are established by the supreme court, but may be exercised in all cases where the mode of procedure is prescribed by statute. Gould v. McCarty, 11 N. Y. (1 Kern.) 575, 581.

c. Setting aside verdict, etc. The mayor's court has exclusive authority to entertain a motion to set aside a verdict rendered in that court, or for a new trial. Thurber v. Townsend, 22 N. Y. (8 Smith) 517.

So this court has power to set aside a judgment on the merits entered on the report of a referee appointed by such court. People v. Austin, 43 Barb. 313. The mayor's court of Troy has the same power and authority as the county court of Rensselaer county, in hearing and determining appeals and writs of certiorari, arising upon causes tried within the city of Troy by any justice of the peace. Laws of 1831, ch. 133.

d. Fining jurors. The mayor's court of Hudson has the same power as the county courts to fine, excuse or discharge jurors. Laws of 1844, ch. 189, § 1.

The recorder's court of Utica has all the powers and authority of the courts of common pleas of the several counties in this State, in suits commenced or prosecuted therein. Laws of 1844, ch. 319, § 2. It has the same power to fine, excuse or discharge jurors, as are conferred by the Revised Statutes upon county courts. Laws of 1844, ch. 319, § 18; Laws of 1846, ch. 95; Laws of 1870, ch. 319, relate to this court but do not affect its powers or jurisdiction.

e. Remitting fines. The recorder's court of Oswego has exclusive power to remit fines and recognizances estreated by it. Laws of 1847, ch. 96. It has the same powers as a court of record, to fine, excuse or discharge any of the persons summoned as jurors. Laws of 1848, ch. 374, § 12.

Section 2. Powers of mayor.

a. In general. It is not within the intent or scope of this work to give in detail the powers of mayor as a judicial officer. A brief reference to the various statutes defining such powers is all that will here be given.

b. Vagrancy. As to the power of the mayor to commit a vagrant to the county poor-house or jail, see 1 R. S. 632 (585), S$ 2, 3.

c. Profanity. As to the power of the mayor to commit summarily any person using profane language in his presence while holding court, see 1 R. S. 674 (626), §§ 61, 62, 63.

d. Acknowledgment of deeds, etc. The mayor has power to take the proof or acknowledgment of deeds executed within the State. 1 R. S. 756, § 4. The acknowledgment or proof of a deed executed in any other State, if taken by the mayor of any city of the United States, has the same validity and effect as if taken before one of the justices of the supreme court of this State. Laws of 1845, ch. 109. See Laws of 1829, ch. 222; see, also, 1 R. S. 757 (709), § 6.

e. Forcible entries and detainers. As to the power of the mayors of cities respecting forcible entries or forcible detainers in their respective cities, see 2 R. S. 512 (526), § 18.

As

f. Summary proceedings to recover possession of lands. to the power of the mayor of any city to remove a tenant under the statute authorizing summary proceedings to recover possession of land, see 2 R. S. 512 (529), § 28.

g. Preservation of the public peace. See 2 R. S. 704 (727), § 1. h. Apprehensions. See 2 R. S. 706 (729), § 1.

i. Marriages. See 2 R. S. 139 (145), § 8.

j. Indigent children. As to the powers of the mayor of a city as guardian, ex officio, of indigent orphan children, see Laws of 1855, ch. 159, § 2.

k. Member of board of State canvassers. As to when the mayor of Albany becomes a member of the board of State canvassers, see 1 R. S. 137, § 30.

Powers of recorder.

Section 3. Powers of recorder.

a. Absconding and insolvent debtors. The recorders of cities may grant or refuse applications for attachments, under the 1st article of title 1, ch. 5, part 2 of the Revised Statutes; for the appoinment of trustees under the 2d article; for the discharge of an insolvent from his debts, under the 3d article; to compel an assignment under the 4th article; and for the exemption of a debtor's person from imprisonment and arrest, under the 5th article, (2 R. S. 35, § 1); on the hearing of any petition under the said 3d, 4th or 5th articles, the recorder before whom the same may be pending may adjourn such proceeding from time to time, and may issue a subpoena requiring any person to appear and testify in the matter. 2 R. S. 37 (38), § 13.

b. Supreme court commissioner. Every recorder of a city, being of the degree of counselor in the supreme court, is, by virtue of his office, a supreme court commissioner. 2 R. S. 281 (292), 32. The recorders of Albany, Hudson, Utica and Oswego have the powers of justices of the supreme court in chambers. 3 R. S. (5th ed.) 320, 347; Laws of 1848, ch. 374, § 20; Laws of 1849, ch. 150, § 10; Laws of 1848, ch. 320; Laws of 1849, ch. 121, § 4. The recorder of the city of Oswego has jurisdiction in proceedings supplementary to execution, whether the original action. was brought in his own or any other court. Laws of 1857, ch. 96. There was a similar provision in relation to the recorder of Troy, but the office of recorder in that city has since been abolished. Laws of 1867, ch. 455. The constitutionality of these provisions have been questioned in Griffin v. Griffith, 6 How. 428, but was finally affirmed by the court of appeals in Hayner v. James, 17 N. Y. (3 Smith) 316.

c. Particular recorders. The recorder of Utica has the same power at chambers in respect to suits and proceedings cognizable before the recorder's court of Utica as those of a judge of the county courts. Laws of 1845, ch. 291, § 3. The recorder of Oswego has power to appoint a clerk of his own court (Laws of 1848, ch. 374, § 5) to exercise the same authority at chambers in respect to all suits and proceedings cognizable before his court as that of a judge of the county court in respect to proceedings in the county court. Laws of 1848, ch. 374, § 20. And by section 21 of the same chapter, he has the powers of a judge of the late court of common pleas, at chambers, or out of court. He has all the powers of a justice of the peace in criminal matters and pro

Officers of the court -Same as other courts have.

ceedings. Laws of 1849, ch. 134. He may constitute a member of the court of oyer and terminer, and for that purpose has all the powers of a judge of the county court (Laws of 1857, ch. 96), and he may dispense with the drawing or summoning of jurors. Ib. The recorder of Hudson has the same power out of court as the county judge of Columbia county. Laws of 1830, ch. 43.

d. General power. Whenever any deed or conveyance is executed in this State, the acknowledgment or proof thereof may be taken by a recorder. 1 R. S. 756 (708), § 4, sub. 1.

And in general the powers conferred upon mayors of cities by the several statutes relating thereto, and which are noticed. in the preceding section, are also, by the same statutes, conferred on the recorders of such cities. See § 1, ante, 363.

e. Disqualifications. No recorder shall practice as an attorney, solicitor, or counselor, in any court of which he shall be, or shall be entitled to act as, a member, or in any cause or proceeding originating in any such court; nor shall any partner of, or person connected in law business with, any recorder practice as an attorney, solicitor or counselor in any court of which such recorder shall be, or shall be entitled to act as, a member, or in any cause or proceeding originating in any such court. Laws of 1847, ch. 470, § 50.

ARTICLE IV.

OFFICERS OF THE COURT.

Section 1. Same as other courts have.

a. In general. These courts have the same ministerial officers as other courts of record have. In the mayors' courts of Hudson and Troy, the marshal and other ministerial officers of such cities, respectively, are to attend as often as shall be requisite, and are to obey and perform all the duties of their respective offices, as well when required by such courts, or any judge thereof, as otherwise. They are to execute and return all the writs and process of the said courts, to them respectively directed, in the same manner as the sheriff and other officers of any court of record in this State. 2 R. S. 216 (227, 228).

b. Oneida, sheriff. The sheriff of the county of Oneida, his under sheriff, or one of his deputies, or so many constables of the city of Utica as the recorder of such city may direct, are to

Terms of the court,

attend the sittings of the recorder's court of Utica. Laws of 1844, ch. 319, § 8. The clerk of this court is to be appointed by the recorder. Id., § 7. c. Oswego, sheriff. The sheriff of the county of Oswego is charged with the duties of serving all process issuing out of the recorder's court of Oswego. Laws of 1848, ch. 374, § 16. And the clerk of such court is appointed by the recorder. Id., § 5.

ARTICLE V,

TERMS OF THE COURT.

Section 1. Hudson and Troy. The mayor's court of the city of Hudson shall be held on the last Tuesday of every month, and the terms thereof may continue to be held two days inclusive. 2 R. S. 218 (227), § 5. The mayor's court of the city of Troy shall be held on the first Tuesday of every month, at the court-house of the county of Rensselaer, in the said city, and may continue to be held for two days inclusive. 2 R. S. 218 (227), § 11. The several terms of the said courts shall respectively be called after the months in which they are held. 2 R. S. 219 (228), § 16.

Section 2. Oswego. The recorder's court of the city of Oswego shall be held once in each month, except in those months in which a circuit court of oyer and terminer, county court or court of sessions of the peace for the trial of civil or criminal causes, shall be authorized to be held in said city, at which a grand and petit jury shall have been called, and shall commence on the fourth Monday in each month. Laws of 1848, ch. 374, §1; as amended by Laws of 1849, ch. 134.

Section 3. Utica. One term only of the recorder's court of the city of Utica is to be held in that city each year, and such term is to be held on the third Tuesday in March, and may continue for two weeks. Laws of 1849, ch. 184, § 18.