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1. To inquire, by the intervention of a grand jury, of all public offences committed or triable in the county :

2. To try and determine any indictment found therein, or which may have been found at the court of sessions of the county, or at a city court within the county, for an offence punishable with death:

3. To try and determine any indictment which may have been found at any of the courts mentioned in the second subdivision of this section, for an offence not punishable with death, and which may be sent or removed to the court of oyer and terminer, if in the opinion of that court, it be proper to be tried therein.

4. To send any indictment found therein, for an offence not punishable with death, or to send back any indictment which may have been sent or removed to that court, to the court of sessions of the county, or a city court therein, when in the opinion of the court of oyer and terminer, the same should not be tried in that court.

5. To inquire into the cause of the detention of persons imprisoned in the jail of the county, and make an order for their re-commitinent or discharge, or otherwise, according to law:

6. To exercise the powers conferred upon it, by the code of criminal procedure.

§ 104. In addition to the jurisdiction conferred by the last section, jurisdiction was transferred to the courts of oyer and terminer in their respective counties, on the

oyer and

first Monday of July, 1847, of all indictments and proceedings then pending in the late courts of terminer; and also of all indictments and proceedings then pending in the late courts of general sessions of the peace, except in the city of New York, and except in cases of which the courts of sessions may take cognizance as provided in section 125.

Const., art 14, sec. 5.

§ 105. Jurisdiction was likewise transferred to this court, in the county of Monroe, on the thirtieth day of April, 1849, of all criminal actions and proceedings then pending in the late mayor's court of the city of Rochester, and of all proceedings incident to judgments rendered in that court in those actions and

proceedings, on or before that day.

§ 106. This court, (except in the city and county of New-York,) must be held by a judge of the supreme court, as the presiding judge, together with the county judge, and two justices of the sessions designated, as prescribed by other statutes, or by any two of those officers. If the justices of the sessions, or either of them, be absent at a term of the court of oyer and terminer, or the office of those justices or either of them be vacant, the county jndge may supply the vacancy or deficiency for the term, by designating the requisite number to form the court, from the justices of the peace of the county.

§ 107. In the city and county of New-York, the court of

oyer and terminer must be held by a judge of the supreme court, as the presiding judge, together with two of the aldermen of the city of New York, designated as the common council may by ordinance prescribe.

§ 108. The court of oyer and terminer must be held at the same place and commenced on the same day with the circuit in the county, and must be continued as long as the public interests require, whether the circuit remain in session or not.

CHAPTER VIII.

THE COUNTY COURTS.

SECTION 109. County court in each county.

110, 111. Its jurisdiction.
112. By whom held.
113. Terms now prescribed, to continue till December 31, 1850.
114. Its terms.-Court always open for transaction of certain business.
115. Terms, when heldk.

§ 109. There is in each of the counties of this state, except the city and county of New York, a county court, with the jurisdiction conferred by the next two 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.

Const., art. 6, sec., 14.

$ 110. The county court has jurisdiction in the following actions and proceedings:

1. The exclusive power to review, in the first instance, a judgment rendered in a civil action, by a justice's court in the county :

2. For the foreclosure or satisfaction of a mortgage, and the sale of mortgaged premises situated in the county:

3. For the partition of real property situated in the county:

4. For the admeasurement of dower in real property situated in the county:

5. For the sale of the real property of an infant, when the property is situated in the county:

6. To compel a specific performance by an infant heir, or other person, of a contract respecting real property situated in the county, made by a party who has died before the performance thereof:

7. For the mortgage or sale, on the application of a religious corporation, of its real property situated in the county, and the appropriation of the proceeds thereof:

8. To enforce the judgments of the late court of common pleas of the county, in suits originally commenced in justices courts, or to exercise such other powers in respect thereto as it might exercise, if they had been rendered by this court:

9. To exercise the powers vested in it by this code, over judgments rendered by justices' courts, of which transcripts shall have been filed with the county clerk:

10. To exercise the powers conferred by statute upon the late court of common pleas of the county, or the judges thereof, respecting ferries, fisheries, wrecks, physicians, the removal of occupants from state lands, the laying out of railroads through Indian lands, and upon appeal from the determination of commissioners of highways; and to prescribe the manner of exercising such jurisdiction when the provisions of those statutes are inconsistent with the organization of the county court:

11. To remit fines and forfeited recognizances, in the cases and manner provided in this code:

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

§ 111. In addition to the jurisdiction mentioned in the last section, jurisdiction was transferred to the county court on the first Monday of July, 1847 :

1. Of proceedings then pending in the late court of common pleas of the county, in suits originally commenced in justices' courts:

2. To enforce the orders and judgments of the late court of common pleas of the county, rendered before that day, or to exercise such other powers in respect thereto, as it might exercise if they had been made or rendered by this court.

§ 112. The county court is held by the county judge elected in the county, or in case of his inability or a

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