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general term there shall be designated at least one judge, not elected in the district where the court is held.

§ 62. The governor, whenever in his opinion the public interests require, may appoint extraordinary general and special terms and circuits, and designate the judges by whom they are to be held, who shall hold them accordingly.

The same as amended code, sec. 24, except that it authorises the governor to designate the judges by whom the courts are to be held, and makes it the duty of the judges thus designated, to hold them aceordingly. This is necessary, in order to

prevent a failure in holding the court. § 63. The place appointed in each of the counties, for holding the general and special terms and circuits, must be the court house therein.

Taken from amended code, sec. 25.

$ 64. In case of the inability, for any cause, of a judge assigned for that purpose, to hold a special term or circuit, or sit at a general term, any other judge may do so; and the governor may, if necessary, assign the judge for that purpose, who must do so accordingly.

The same as amended code, sec. 28, except as to the power conferred upon the governor, of assigning the judge to hold the court. This is necessary, for the reason stated in the note to sec. 62.

$ 65. Every appointment made as provided in sections 61 and 62, must be immediately transmitted to the secretary of state, who must cause it to be published in the state paper, at least once in each week, for three weeks, before the holding of a court in pursuance

thereof. The expense of the publication is payable out of the treasury of the state.

The same as Amended Code, sec. 26.



SECTION 66. The court continued.

67. Its jurisdiction of actions and proceedings, where cause thereof

arose, or subject is situated in the city of New-York. 68. Its jurisdiction of other civil actions. 69. Its jurisdiction of suits heretofore transferred to it. 70. Transfer hereafter of suits in supreme court, in what cases, and how

71. Effect of the order of transfer.
72. Number of judges of the court, and their names of ofice.
73. Chief justice, how designated.
74. Distribution of the court into general, special and trial terms.
75. Business of the general terms.
76. Business of the special terms.
77. Business of the trial terms.
78. General terms to be held by at least two judges, and special terms

by one only.
79. Who to preside at a general term.
80. Number of judges necessary to pronounce judgment.
81. Number of terms in each year.
82. Place of holding the court.
83. Terms now prescribed, to continue till December 31, 1850.
84. Appointment of terms thereafter, by whom and how made.

$ 66. The court known as the superior court of the city of New-York, is continued, with the jurisdiction conferred by the next five sections, and no other. But nothing contained in this section affects its jurisdiction of actions or proceedings, now pending therein, nor does it affect any judgment cr order already made, nor any proceeding already taken.

§ 67. This court has jurisdiction of the following actions and proceedings, when the cause thereof arises or the subject thereof is situated in the city of NewYork:

1. For the recovery of real property, or of an estate or interest therein, or for the determination in any form, of such right or interest, and for injuries to real property:

2. For the partition of real property:
3. For the foreclosure of a mortgage of real property :

4. For the recovery of perse nal property, distrained for any cause :

5. For the recovery of a penalty or forfeiture imposed .by statute :

6. Against a public officer or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who by his command or in his aid, does anything touching the duties of the office:

7. For the admeasurement of dower in real proper


8. For the sale of the real property of an infant :

9. To compel a specific performance, by an infant heir or other person, of a contract respecting real property, made by a person who has died before the

performance thereof:

10. For the mortgage or sale, on the application of a religious corporation, of its real property, and the appropriation of the proceeds thereof.

The first six subdivisions embrace the jurisdiction con ferred upon this court, by the Amended Code, sec. 33, subd. 1, comprehending what were formerly known as local actions. The remaining subdivisions confer the same jurisdiction in respect to special actions and proceedings, as is vested in the county courts by the Amended Code sec. 30, subd. 4, 5, 6, 8, and retained in the corresponding section of this code,

sec. 110.

$ 68. This court has jurisdiction, also, in all other civil actions, whether the cause of action arise, or the subject of the action be situated in the city of NewYork, or not,

1. In an action arising on contract, when one or more of several defendants reside in that city, or occupy a tenement therein for the transaction of their ordinary business :

2. In an action for any other cause, when all the defendants reside in that city, or occupy a tenement there. in for the transaction of their ordinary business, or are personally served with the summons in that city:

3. In an action arising on contract, when one or more of several defendants jointly liable thereon reside in, or are personally served with the summons, or occupy a tenement for the transaction of their ordinary business in that city :

4. In an action arising on contract, when all the defendants reside out of the state, but one or more of them has property in that city:

5. When the defendant is a corporation created under the laws of this state, and transacts its general business, or keeps an office, or has an agency established for the transaction of business in the city of New York, or is established by law therein : or

6. When the defendant is a corporation, created by or under the laws of another state, government or country, and has property in the city of New York, or an agency established therein, and the action is for the recovery of money upon a cause of action arising in that city.

The jurisdiction conferred by the first two subdivisions of this section, differs from that contained in the Amended Code, sec. 33, subd. 2, by which it is extended only to cases where all the defendants shall reside or be personally served with the summons” in the city of New-York. There can be no injustice in giving the jurisdiction to this court, proposed in the subdivisions under consideration. It is in fact but restoring a jurisdiction which it always had, until the adoption of the Code of 1818. Where persons transact their ordinary business in a particular place, there seems to be no very sufficient reason for exempting them from the jurisdiction of its local courts, because they happen to reside a short distance beyond its limits. In the city of New York, the existing rule has been found very inconvenient, in compelling the commencement of actions in the supreme court, which can as well be disposed of by the local courts, and without the slightest possible prejudice to the rights of either party.

The fifth and sixth subdivisions are the same as Amended Code, sec. 33, subd. 3, except that in addition to the cases there mentioned, it allows the action to be brought in the superior court, when the corporation has an agency established in that city, as well as when the corporation is established or has an office therein.

$ 69. The jurisdiction of this court also extends to such civil suits in the supreme court, commenced before the first day of July, 1848, and at issue on or before the first day of July, 1849, as are now transferred to this court pursuant to statute, and to such other civil

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