PART III. Judge to

be appointed.

Jurisdic

tion.

2. Such tribunal shall be held by one judge, to be appointed by the governor, with the advice and consent of the senate, and as often thereafter as may be necessary, who shall hold his office for three years, and until another is appointed in his place.

S3. Said tribunal shall, within the sixth judicial district of this state, possess like powers and exercise the jurisdiction of the supreme court of this state, and all laws now in force in reference to said supreme court, to special proceedings and the trial of actions in said court, to its orders, judgments and executions, and the enforcement thereof, and of proceedings supplemental to executions and lien of judgments upon real property, to the clerks, attorneys, counsellors and officers thereof and practice therein, and the power to regulate the same by rules or otherwise, and to appeals to the supreme court at general term thereof, shall be applicable to said tribunal, to special proceedings, and the trial of actions in said tribunal, to its orders, judgments and executions, and the enforcement thereof, to proceedings supplemental to executions and the lien of judgments upon real property, to the clerk, attorneys, counsellors and officers thereof, their qualifications, powers and rights, and to the practice of said tribunal, and the power to regulate the same by rules or otherwise, and to appeals to the general term of the supreme court, so far as the same can be applied, except as hereinafter provided; but said tribunal shall have no power to render judgment to be obligatory on the parties except they voluntarily submit their matters in difference and agree to abide the judgment or assent thereto, in the presence of such tribunal, and shall have no power to interfere in any matter, action or proceeding of actions. pending in the supreme court. But actions pending in the supreme court may be transferred to said tribunal by consent of the parties.

Exception.

Transfer

Mode of submitting

regulated.

S4. Any person, whether claiming or resisting a demand matters in of any kind, may cause to be personally served by copy upon der the other party or parties a written proposal, subscribed by him or his attorney, briefly stating their matters in difference as he claims them to be, and agreeing on his part to submit the same to and abide the judgment thereon of such tribunal, and requesting such other party or parties to do the same; and such party or parties so served with such proposal may thereupon, within thirty days thereafter, serve upon the party or his attorney from whom said proposal emanated, either personally or by depositing the same in the post office to his address, a notice signifying his or their acceptance of such proposal, and on filing such proposal and notice of acceptance, or copies thereof, with the clerk of said tribunal, said parties shall be deemed to have voluntarily submitted to such tribunal their matters in difference referred to in said proposal, and to have agreed to abide the judgment; and said tribunal shall have jurisdiction thereof, and to hear, try and render judg

ment, which shall be obligatory upon the parties. The issue or issues, if any, so to be tried upon the matters indicated in said proposal shall, after the filing of said proposal and acceptance, be settled between the parties in such manner and form as shall be prescribed by the rules and regulations of such tribunal. Said tribunal shall, also, without the service of the proposal aforesaid, have like jurisdiction as aforesaid, when the parties shall have filed with the clerk thereof a written submission of their matters in difference, agreeing to abide the judgment of said tribunal, subscribed by the said parties, or oral assent thereto given by them in the presence of such tribunal.

CHAP. III

judgment

$5. Every judgment rendered by said tribunal and dock- Effect of eted in the clerk's office thereof, shall become a lien on the real property of every person against whom such judgment shall have been rendered, by the filing of a transcript thereof, certified by the clerk of said tribunal and the docketing thereof in the clerk's office of the county where such real property may be situated; and at any time within five years after the docketing of said judgment in said tribunal, an execution for the enforcement thereof may be issued by the clerk of such county, and such execution, and the issuing, return, and satisfaction thereof shall be subject to the control of the supreme court according to the practice of said court on executions upon judgments therein, except that in said judicial district the enforcement of judgments by execution or otherwise shall be conducted and controlled by said tribunal, and executions shall be issued therefrom, and levied, collected and executed according to the laws in relation to executions issued upon judgments in said supreme court.

Execution.

Tribunal to

S6. Said tribunal shall have a seal, and shall be deemed a have a secl court of record, and all laws in relation to courts of record and their powers and duties as such, shall be applicable to such tribunal so far as the same can be applied.

court and

holding

$7. Said tribunal may hold sessions and conduct trials Terms of before it at such times and places in the county of Delaware places of as it may from time to time by its rules or by order direct; same. and such order shall in each case locate the trial in the town where the majority of the witnesses reside and where the interests of the parties may require that such trial shall be held unless in the opinion of the judge there shall be paramount reasons for holding the same in some other town; but at least two regular terms of such tribunal shall be held in each year in the village of Deposit, in said county of Delaware, at such times and places therein as said judge shall direct, or as shall be specified by the rules of said tribunal. The clerk's office of said tribunal and the residence of the judge thereof, after his appointment, shall be in said village, and if his residence shall be elsewhere for six consecutive months he shall be deemed to have vacated his office.

PART III. Supervisors

to appoint

clerk of court and

two arbitra

tors to set

with the judges.

$ 8. The board of supervisors of the county of Delaware shall at their next annual meeting after the passage of this act, and every three years thereafter, appoint a clerk of said court, and also two arbitrators, whose duty it shall be, whenever notified by the clerk of the said tribunal, to attend the terms thereof, and to assist the judge in the trial of all issues of fact when so requested by either or the parties to such trial, which clerk and arbitrators shall hold their offices for three years, and until their respective successors shall be appointed Vacancies. Vacancies in said offices or either of them may be filled by said board of supervisors at any meeting thereof. And in case there shall be a vacancy in either of said offices when the board of supervisors is not in session the same may be filled by said judge by his appointment of some suitable person to be such clerk or arbitrator, as the case may be, who shall hold his office until such vacancy shall be filled by said board of supervisors.

Notice for arbitrators

$9. Any party to an issue of fact to be tried in said county to attend. of Delaware before such tribunal, may, at least ten days before such trial, notify the clerk thereof, in writing, that he desires the arbitrators to be present at such trial to participate therein. Such clerk shall thereupon notify said arbitrators by personal service of a notice, or by addressing the same to each of them at his place of residence through the post office, stating that their attendance at the time and place of such trial is desired. And on such trial said arbitrators and judge shall each have an equal voice, and the decision of a majority shall be the decision of such tribunal. If, for any cause, either of said arbitrators shall fail to be present at such arbitrator. trial, then said judge may appoint some suitable person te supply his place for the purposes of such trial.

When judge to appoint

Powers of judge.

Appeals

may be had

term of

supreme court.

$10. The judge of the tribunal established by this act may make orders and exercise, within said sixth judicia district, the powers of a justice of the supreme court, out of court and at chambers, according to the existing practice, except to stay proceedings in said supreme court after verdict.

S 11. Appeals may be taken to the general term of the to general supreme court from the orders of said judge, and the judgments of said tribunal upon the law and upon the facts in like cases and conducted and disposed of in like manner, as provided by law for appeals to said general term; and the provisions of sections two hundred and sixty-seven and two hundred and sixty-eight of chapter four of title eight of the amended Code of Precedure, and of chapters three and four of said title, shall be specially applicable to such appeals so Prohibition far as the same can be applied. But no appeal shall be taken to the court of appeals in any case where the action or proceeding originated in said tribunal.

Costs.

S 12. Said tribunal shall, in all actions, matters and proceedings therein, have discretion and control over the amount

of costs and questions between the parties in relation thereto, and shall have the right to allow or disallow costs to either party or to any of the parties; but shall have no power to allow or impose more costs than are now allowed by law in the supreme court.

CHAP. IIL

serve as

S 13. Said judge shall serve as sole referee in any action Judge may or proceeding in the supreme court, in said sixth judicial dis- referee. trict when he shall be appointed pursuant to the provisions of law for the appointment of referees in such court, and such court may appoint him to act as such referee in any county of said district the same as if he were a resident of such county; and in case neither of the parties shall be required to pay him any compensation or fees as such referee, except his expenses.

arbitrators

S14. Said arbitrators and clerk shall each receive a reason- Salary of able salary or compensation for his service as such arbitrator and clerk. or clerk, to be audited and allowed by the board of supervisors of said county of Delaware, and paid by said county; and all necessary expenses for the organization and maintenance of said tribunal shall be paid by said county. Said judge shali Salary of receive an annual salary of fifteen hundred dollars to be paid from the state treasury in the same manner that the salaries of justices of the supreme court are paid.

judge.

visions of

$ 15. All the provisions of this act in reference to arbitra- When protors in the county of Delaware, shall be applicable to every act may be applied to other county in said judicial district, whenever the board of other counsupervisors thereof shall appoint arbitrators for said tribunal ties. in pursuance of the right to do so, which is hereby conferred upon them; and thereafter said tribunal shall hold sessions and conduct trials in every such county in the same manner as in said county of Delaware. Said judge may in his discretion appoint and hold terms and trials by said tribunal without the aid of arbitrators in any county in said district where no arbitrators have been appointed.

S16. The provisions of this act are extended to Sullivan Extended county.

to Sullivan county.

act ceases.

S 17. This act shall take effect immediately and its opera- When this tious shall cease at the expiration of the first term of office under the same unless the provisions hereof shall be revived by the act of the legislature.

Repealed by Laws of 1865, ch. 336.

PART III.

Plea of tender.

Proceedings how long to be stayed.

CHAPTER V.

Actions Relative to Real Property.

CHAP. 239.

AN ACT to amend Title first, Chapter fifth, Part third of the Revised Statutes, relative to the action of eject

ment.

PASSED May 7, 1840.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. In all actions of ejectment brought to recover any right of dower in real estate, where the husband of the claimant did not die seised of the premises in which dower is claimed, the defendant may have the same right to interpose the plea of tender he had previous to the passage of the Revised Statutes, and whenever the said plea shall be plead, the parties shall be subject to the same rules, as to the payment of costs, as they were previous to the Revised Statutes, and all the provisions of the Revised Statutes inconsistent with the provisions of this act, are hereby repealed.

Ante, vol. 2. p. 311.

CHAP. 159.

AN ACT in relation to the stay of proceedings by bills of exceptions in actions of ejectment.

PASSED May 9, 1840.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$1. No bill of exceptions hereafter to be taken on the part of the defendant, in any action of ejectment, shall stay the proceedings therein for more than thirty days after the settlement of such bill, unless the party taking the same shall within that time procure the judge who presided at the trial of the cause, or a justice of the supreme court to certify on such bill that he has read and examined the same, and that there is probable cause for staying the proceedings in the suit in which such bill of exceptions was taken, and serve a copy of such certificate on the attorney of the opposite party.