In addition to the powers thus generally conferred upon particularly the courts, they are also declared to possess the following powers, particularly enumerated: "1. To hear, try and determine, according to law, all local actions, arising within the county for which such court shall be held; and all transitory actions, although the same may not have arisen within such county: 2. To grant new trials: 3. To hear and determine appeals from justices courts, in the cases and in the manner prescribed by law: 4. To exercise the power and jurisdiction conferred on them by law over the persons and estates of habitual drunkards: and 5. To exercise such other powers and duties, as may be conferred and imposed by the laws of this Jurisdiction is conferred upon the courts of common pleas in many of those proceedings which are not termed actions, of which we propose to treat; but the reader is referred, in relation to such jurisdiction, to the respective heads of those subjects. or certiorari ces courts. The courts of common pleas have also, except in the city on appeal and county of New York,46 an appellate jurisdiction from the from justicourts of justices of the peace of their respective counties, by certiorari or appeal, as the case may be.47 In the city of New York we have seen that this jurisdiction belongs to the superior court.48 It is also provided by statute, that judgments for a greater amount than twenty-five dollars, exclusive of costs, in courts of justices of the peace, may be docketed Justices in the court of common pleas of the county, on filing a trans-docketed in cript of the judgment in the clerk's office. Such judgments pleas. thereupon become judgments of the court of common pleas, and are a lien upon lands like the judgments of that court.49 Upon such judgments, executions issue out of the court of common pleas, but not until ninety days after the rendition of judgments common 45 Ib. 46 2 St. 267. s. 231. 43 Ante, 221. 49 2 R. St. 247. s. 127. 128. Ib. 47 2 R. St. 255. A. 10. Ib. 257. 246. s. 116. 117. Ib. 248. s. 129. Powers as courts of re cord; to remit fines, &c. Removal of causes by certiorari into the su the judgment, and are otherwise of a peculiar character.50 These provisions do not apply to the city and county of New York. The courts of common pleas are courts of record, and they can compel the attendance of witnesses by process of subpoena, from any county in the state. They are also invested with those general powers which belong to all courts of record, and which will be found enumerated under the head of supreme court, to which the reader is referred.51 53 It belongs to the courts of common pleas, except in some enumerated cases52 upon good cause shown, and upon the terms and conditions prescribed by statute, to remit fines imposed by any court of law sitting in the county, and also the penalties or forfeitures of recognizances.4 They are also empowered to remit fines imposed by courts of special sessions of the peace and of justices of the peace, on conviction for any offence, where the party has been committed, until payment of the fine, and to discharge him from imprisonment;55 and this power they are also allowed to exercise in relation to fines, and penalties of recognizances.56 These provisions, however, do not extend to the city and county of New York.57 The appointment of district attornies belongs to the courts of common pleas.58 All personal actions depending, may be removed from the court of common pleas of the city and county of New York, preme court. where the debt or damages claimed, or the matter or thing in demand, exceeds the sum of five hundred dollars, and from any other court of common pleas where the same exceeds the sum of two hundred and fifty dollars, into the supreme court by writ of certiorari, at the instance of the defendants.59 And 50 2 R. St. 254. s. 164 to 169. 51 2 R. St. 276. s. 1. 52 2 R. St. 487. s. 38. 53 Ib. s. 39 to 42. 54 2 R. St. 486. s. 37. 39 to 42. 55 2 R. St. 487. s. 42. 56 Ib. 57 Ib. s. 43. 581 R. St. 108. s. 15. 59 2 R. St. 389. s. 1. 2. actions of ejectment, and all other actions in which the title to real estate comes in question; actions of replevin, and for false imprisonment; actions in which the people of the state are interested; and actions by or against the corporations of cities, may be removed by certiorari, at the instance of the defendants, whatever may be the amount of the debt or damages claimed, or the value of the matter or thing in demand.60 But in order to remove a cause of any description, the certiorari must be filed in the court below before interlocutory or other judgment, and before any of the jury are sworn. And no civil action can be removed before judgment, from any court of common pleas, by any other writ than the writ of certiorari.61 And causes or matters which are brought before courts of common pleas by appeal from justices of the peace, or from any other officers, cannot be removed into the supreme court until after a final determination.62 supreme For errors in law or in fact, a writ of error lies from the Error to the courts of common pleas into the supreme court. The supreme court. court, as we have seen, possesses this power of correcting the errors of inferior tribunals, like the king's bench, at common law, and does not appear to owe it to any statutory provision. nerally; Judges of the Courts of Common Pleas.] The judges of the Judges gecounty courts, except in the city of New York, are the judges of the courts of common pleas, in their respective counties; and any three of them have power to hold the court.63 There are a first judge and four judges of the county courts in each county, who are appointed by the governor and senate, and appoint 64 ment, pow. hold their offices for five years, but may be sooner removed by ers, &c. the senate on the recommendation of the governor, for causes to be stated by him.65 They are required to reside in their 60 Ib. s. 4. 63 2 R. St 208. s. 2. 64 1 R. St. 97. 651 R. St. 106. s. 4. Signing re cords, taxing costs, ders, &c. own counties, and are authorised to take the acknowledgment of bail and of satisfaction of judgments in their own court as well as in the supreme court.67 Records of judgments may be signed, and the costs taxed, by any judge of the court, in any cause in the common pleas, unless the total amount of costs to be taxed therein, exclusive of disbursements, is not limited by law; in which case, the record must be signed and the costs taxed by the first judge, or a judge of the degree of counsellor in the supreme court; and in case of the absence of the judges so authorised, by the granting or clerk of the court." 68 And the statutes provide, that the first judge, or a judge of the degree of counsellor at law in the supreme court, may make any order in vacation, touching any suit or proceeding in the court of common pleas of the county, in the like manner and with the like effect as is or shall be practised by the justices of the supreme court at chambers, in any suit or proceeding in such court; but that no judge of the county courts, except those above specified, shall exercise any of the powers thus conferred on the latter, except in case of their absence, death or inability.69 In the city of New York, In the city and county of New York, the first judge of the court of common pleas,70 and the mayor, recorder, and aldermen of the city, are the judges of the court of common pleas, and the court may be held by the first judge, the mayor, or recorder, either alone, or with one or more of the other judges; but it is made the special duty of the first judge to hold the court," which he uniformly does without the assistance of the other judges. The first judge and recorder of the city are appointed in the same manner, and hold their offices for the same term, and by the same tenure, as other judges of county courts.73 In the county of Albany, the court of common pleas may be of Albany. held by the first judge, either alone or with one or more of the other judges; but it is made his special duty to hold it.74 Practice of Courts of Common Pleas.] The practice of Practice. these courts, although in most respects it is like that of the supreme court, is supposed not to be derived from the same source with that, but from the county courts in England; to which, however, except in the limits of their jurisdiction, they have otherwise little analogy. It is owing to this derivation, that actions in the common pleas are commenced or supposed to be commenced by plaint and not by writ or bill. The common pleas capias has no ac etiam clause like the capias of the supreme court; and the records of the common pleas are made up without those exact entries which are observed in making up the records of the supreme court. But except in these particulars, and in some few others, principally relating to the times of rules, orders, and notices expressly provided for by the rules of each court, the practice of the courts of common pleas, as well as their pleadings, is generally the same as that of the supreme court. The general statutory provisions, relating to practice, apply as well to the common pleas as to the supreme court; and in other respects, the practice of the latter has been, it is believed in all cases, expressly adopted by the former, where not provided for by their own rules. 75 return of All writs and process of the common pleas may be be tested Teste and on any day of the term in which the court shall sit, and be process. made returnable on any other day of the same term, or at the next term. But a subsequent section of the statutes declares that no process, except subpoenas and attachments, shall be tested or made returnable in the second week of term;76 and the exception is afterwards extended to writs of inquiry of the court for the city and county of New York." 742 R. St. 217. s. 32. 752 R. St. 210. s. 11. 76 2 R. St. 210. s. 19. |