after the first Monday of July, eighteen hundred and forty-eight, or until all the cases on the calendar be sooner heard, or a sufficient opportunity be given for the hearing thereof. terms and courts, how § 12. The special terms and circuit courts appointed to Special be held in the first judicial district at any time hereafter, circuit before the first day of July, eighteen hundred and forty- continued. eight, shall be respectively continued from the first Monday of each month to the third Saturday thereafter, until and including the third Saturday after the first Monday of July, eighteen hundred and forty-eight, or until all the cases ready thereat for hearing or trial be sooner heard, or otherwise disposed of. and special terms in first dis trict. § 13. In addition to the courts already required by law, General there shall he held on the first Monday of September eighteen hundred and forty-eight, a general and speciaj term of the supreme court, and a circuit court in the first judicial district by such judges, as the governor shall, by appointment, in writing, designate; which terms and circuit court shall be exclusively devoted to the determination of suits and proceedings in the supreme court commenced before the first day of July, eighteen hundred and forty-eight. how long § 14. The terms and circuit court, mentioned in the last Terms, section, shall each be continued in each month, except continued October and January, from the first Monday to the third Saturday thereafter, inclusive, until the fourth Saturday in February, eighteen hundred and forty-nine, or until the suits and proceedings mentioned in the last section, ready for hearing at such courts, shall be sooner determined. disability, § 15. If the judges assigned to hold such general or In case of special terms or circuit courts, or any of them be unable, governor by reason of sickness, or judicial engagements elsewhere, other to sit until the close thereof, the governor shall assign may assign judges. When cause passed, how placed on the calen dar. Party to state date of issue. Act takes effect im other judges, not actually engaged in holding court, to take their places respectively. § 16. When a cause, placed upon the calendar of a court of record in the city of New-York, shall be regularly called and passed, without a postponement by the court for good cause shown, it shall thenceforth take its place on the same or any future calendar, as if the date of the issue were the time when it was thus passed. 17. In the case mentioned in the last section it shall be the duty of the party placing a cause upon the calendar, for a subsequent term, to state the date of the issue, as above prescribed; and if he omit to do so, by reason whereof the issue retains its priority on the calendar, the court on the application of the adverse party, or of its own motion, may strike the cause from the calendar. $.18. This act shall take effect immediately, except that mediately. section two shall take effect at the same time with the Code of Procedure. I have compared the preceeding with two original laws on file in this office, and do certify that the same are correct transcripts therefrom, and of the whole of the said originals. CHRISTOPHER MORGAN, Secretary of State. ALBANY, April 26, 1849. Title of the act and preamble, 1. GENERAL DEFINITIONS AND DIVISIONS, 3-4. SECTION 1. Division of remedies, 4. 2. Definition of an action, 4. 3. Definition of a special proceeding, 4. 4. Divisions of actions into civil and criminal, 4. PART I. TITLE I. OF THE COURTS IN GENERAL, 5. II. OF THE COURT OF APPEALS, 6-7. III. OF THE SUPREME COURT; CIRCUIT COURTS; AND COURTS OF IV. OF THE COUNTY COURTS, 11-13. V. OF THE SUPERIOR COURT, AND COURT OF COMMON PLEAS IN THE CITY OF NEW YORK, AND THE MAYORS' AND RECORDERS' COURTS IN OTHER CITIES, 14-18. VI. OF THE COURTS OF JUSTICES OF THE PEACE, 19-25. VII. OF JUSTICES' AND OTHER INFERIOR COURTS IN CITIES, 26-28. TITLE I. TITLE II. Of the Supreme Court, Circuit Courts, and Courts of SECTION 17. Existing statutory provisions, as to terms and business of the Number of judges to give judgment, 9. 20. Special terms, circuit courts, and courts of oyer and terminer, 21. Circuit courts and oyer and terminer held together, 9. 22. Designation of times and places of holding courts; how 23. Extraordinary general and special terms, and oyer and ter. 24. Places of holding the courts, 10. 25. Publication of appointment thereof, 10. 26. When judges not assigned may hold the courts, 10. TITLE IV. SECTION 29. Repeal of existing statutes defining their jurisdiction, 11. TITLE V. 37. Judgments where given, 16. 38. Concurrence of two judges necessary, 16. 39. Criers, how appointed. Salaries, how fixed, 16. 40. Superior Court, of whom to consist, 16. 44. Expiration of terms and vacancies how filled, 17. 45. Powers of Judges and their salaries, 17. 46. Terms of Superior Court and by whom held, 17. 47. Certain civil suits may be transferred from the Supreme to 48. Jurisdiction of Superior court in such cases, 18. 49. Judges to hear for two years, suits transferred from Supreme TITLE VI. Costs of action in supreme court, 22. 62. Proceedings where several causes of action, and answer of title 5. Pleadings, what to contain, 24. 7. Proceedings in demurrer, 24. 8. Plaintiff to prove his case, if defendant do not appear, 24. 9. Proceedings in action on account or instrument for the pay- 10. Variance, when disregarded, 24. 12. Execution, when issuable and returnable, 25. 13. Execution on justice's judgment docketed, 25. |