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suits in the supreme court, as may be transferred thereto, as provided in the next section.

Amended Code, sec. 47.

$70. Any such suit, (except those brought to the si:preme court, for the review of a judgment of the superior court or court of common pleas of the city of NewYork,) which

may

be
upon

the calendar of the supreme court, at a general or special term in the city of NewYork, may, by the order of the court upon whose calendar it is, be transferred to the superior court of the city of New York, at any time before the first day of January, 1851.

Amended Code, sec. 47.

$ 71. On filing with the clerk of this court a certified copy of the order made pursuant to the last section, this court becomes, vested with as full jurisdiction of the action or proceeding transferred, and may exercise the same powers in relation to any proceeding therein, as the supreme court might have exercised, if the suit transferred had remained in that court.

$ 72. There are six judges of this court, elected by the electors of the city and county of New York, who are respectively known as the chief justice and associate judges of the superior court of the city of NewYork.

Amended Code, sec. 40.

§ 73. The present chief justice shall continue to act as such, until his office shall expire or become vacant. In either of these events, the judges then in office shall, by an order entered upon the minutes, designate one of their number as chief justice, who shall act as such until his office shall expire or become vacant; and so on, from time to time, as often as the office of the judge designated as chief justice shall expire or become vacant.

Laws of 1817, p. 281, sec. 6.

$74. This court is distributed into general, special and trial terms.

§ 75. The general terms are devoted to the hearing and determination,

1. Of appeals now pending or hereafter brought in actions in this court, as provided in this code:

2. Of cases brought to the supreme court for review, and transferred from a general term thereof, as provided in sections 69 and 70:

3. Of cases now pending, for the review of judgmerits of the marine court of the city of New-York, or of the justices' courts in that city:

4. Of controversies submitted without action, as provided in this code:

5. Of questions incidental to the hearing and determination of the cases mentioned in this section:

6. Of issues of law, and motions for new trials, in suits pending in this court, on the first day of July, 1848.

7. Of such other questions as are prescribed by the provisions of this code.

§ 76. The special terms are devoted,

1. To the hearing and determination of applications for judgment upon failure to answer ; and upon complaint and answer:

2. To the hearing and determination of cases transferred by the supreme court at a general term, as provided in sections 69 and 70, except those pending upon an issue of fact or for review:

3. To the hearing and determination of cases transferred by the supreme court at a special term, as provided in sections 69 and 70:

4. To the trial of issues of law, now pending or hereafter joined, in actions commenced in this court:

5. To the hearing and determination of applications for judgment upon special verdicts:

6. To the hearing and determination of cases reserved for argument or further consideration :

7. To the hearing and determination of motions, in actions or proceedings in this court:

8. To the hearing and determination of all other questions not assigned to the general or trial terms, exclusively.

77. The trial terms are devoted to the trial,

1. Of issues of fact now pending or hereafter joined in actions in this court:

2. Of questions of fact in those actions, or in any other proceeding, which are ordered by this court to be tried by a jury.

§ 78. The general terms must be held by at least two, and the special and trial terms by one only, of the judges

$ 79. The chief justice, if he be present, must preside at a general term. If he be not present, the judges holding the term may designate one of their number to preside, and he shall preside accordingly during the absence of the chief justice.

$ 80. The concurrence of a majority of the judges holding a general term is necessary to pronounce a judgment. If a majority do not concur, the case must be reheard.

$ 81. As many general, special and trial terms as the court may appoint, may be held in each year, concurrently or otherwise. They must be held as long as the public interests require.

§ 82. The general, special and trial terms must be held at the city-hall in the city of New-York.

$ 83. The times of holding the general, special and trial terms, shall continue as at present prescribed, until the thirty-first day of December, 1850, inclusive, and no longer.

§ 84. At least thirty days before the first day of January, 1851, the court shall appoint the time of holding the general, special and trial terms for the succeeding year, and until changed by another appointment. A similar appointment may be made annually.

CHAPTER VI.

THE COURT OF COMMON PLEAS OF THE CITY OF NEW-YORK.

SECTION 85. The court continued, and name changed.

86–88. Its jurisdiction.
89. Number of the judges of the court, and their names of office.
90. Chief justice, how designated.
91. Distribution of the court into general, special and trial terms.
92. Business of the general terms.
93. Business of the special terms.
94. Business of the trial terms.
95. General terms, to be held by at least two judges, and special terms, by

one only.
96. Who to preside at a general term.
97. Number of judges necessary to pronounce judgment.
98. Number of terms in each year.
99. Place of holding the court.
100. Terms now prescribed, to continue to December 31, 1850.
101. Appointment of terms thereafter, by whom and how made.

§ 85. The court known as the court of common pleas for the city and county of New-York, is continued, with the jurisdiction conferred by the next three sections, and no other; and is denominated the court of common pleas of the city of New-York. But nothing con

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