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tained in this section affects its jurisdiction of actions or proceedings now pending therein, nor does it affect any judgment or order already made, or proceeding already taken.

§ 86. This court has jurisdiction, concurrently with the superior court of the city of New-York, of the actions and proceedings mentioned in sections 67 and 68.

§ 87. This court has jurisdiction also, of the following proceedings:

1. To remit fines and forfeited recognizances, in the cases and manner provided in this code; and to continue and discharge the docket of judgments entered upon recognizances:

2. To exercise the powers conferred upon it by statutes, in respect to liens filed in the office of the county clerk, and to control, amend or discharge the same:

3. Of all other special proceedings, in the city and county of New York, of which the county courts have jurisdiction in their counties:

4. To exercise the powers conferred upon it, by other provisions of this code.

This section embraces subjects which have always been a part of the jurisdiction of this court, as the county court in New-York.

$ 88. This court has also the exclusive power to review, in the first instance, a judgment rendered by the marine court of the city of New York, or by a justice's court in that city.

§ 89. The three judges of this court, elected as such, by the electors of the city and county of New York, and now in office, and t'eir successors, are the only judges of this court. They shall be known as the chief justice and associate judges of the court of common pleas of the city of New-York.

§ 90. The present first judge shall be the chief jus. tice, 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 va

cant.

§ 91. This court is distributed into general, special and trial terms.

$ 92. 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:

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2. Of appeals now pending therein or hereafter brought for the review of judgments of the marine court of the city of New

York, or of the justices' courts in that city :

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

4. Of questions incidental to the hearing and determination of the cases mer:tioned in this section :

5. Of issues of law and motions for new trials in

suits pending in this court, on the first day of July,

1848:

§ 93. 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 trial of issues of law, now pending or hereafter joined, in actions or proceedings commenced in this court:

3. To the hearing and determination of motions in those actions or proceedings :

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

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

6. To all other questions not assigned to the general or trial terms exclusively.

§ 94. 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, ordered by this court to be tried by a jury.

$ 95. The general terms must be held by at least two, and the special and trial terms by one only, of the judges.

§ 96. 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.

§ 97. 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.

$ 98. 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.

$ 99. The general, special and trial terms must be held at the city hall in the city of New York.

$ 100. 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.

§ 101. At least thirty days before the first day of January, 1851, the court must 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 VII.

THE COURTS OF OYER AND TERMINER.

SECTION 102. Court of oyer and terminer in each county..

103-105. Its jurisdiction.
106, 107. By whom held.
108. When and where held, and duration thereof.

The provisions of this chapter, are explained in the Code of Criminal Procedure, p. 14–19.

§ 102. There is in each of the counties of this state, (except, that for this purpose, Fulton and Hamilton are deemed one county,) a court, denominated the court of oyer and terminer, with the jurisdiction conferred by the next three sections, and no other. But nothing contained in this section, affects its jurisdiction in actions or proceedings now pending therein: nor does it affect any judgment or order already made, or proceeding already taken.

§ 103. The court of oyer and terminer has jurisdiction,

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