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§ 136. The court must be held on the first Monday of each month, and may be continued until the fourth Saturday thereafter, inclusive. Concurrent terms may also be held as often as the recorder and city judge may from time to time prescribe, by an order filed with the clerk.

§ 137. If the trial of a cause be commenced before the expiration of the term, the court may be continued beyond the term, till the completion of the trial, and the rendering of judgment on the verdict.

§ 138. This court must be held at such place in the city of New York, as now is or hereafter may be prescribed, by ordinance, by the cominon council of that city.

CHAPTER XI.

THE CITY COURTS.

Section 139. These courts continued, and name changed.

140. The kinds of their jurisdiction.
141, 142. Their civil jurisdiction.
143. Their criminal jurisdiction.
144. Indictment for offences punishable with death, to be sent to oyer

and terminer.
145. Other indictments may be sent to oyer and terminer.
146. When indictment found in sessions may be sent to city court.
147. By whom held, when exercising civil jurisdiction.
148. By whom held, when exercising criminal jurisdiction.
149. When judge unable to hold or preside at court, or disqualified

cause how and to what court transferred.
150. Terms now prescribed, to continue till December 31, 1850.
151. Appointment of terms thereafter, by whom and how made.

§ 139. The courts known as the mayors' courts of the cities of Albany, Hudson and Troy, the recorders' courts of the cities of Buffalo, Utica and Oswego, and the city court of Brooklyn, are continued, with the jurisdiction conferred upon them by the next seven sections and no other: and shall be hereafter known as the city courts of those cities respectively. But nothing contained in this section affects their jurisdiction of actions or proceedings now pending therein, nor does it affect any judgment or order already made or proceeding already taken.

$ 140. The jurisdiction of these courts is of two kinds:

1. Civil: and

2. Criminal.

$ 141. Their civil jurisdiction extends to the following actions and proceedings, where the cause thereof arises or the subject thereof is situated in the city in which the court is established :

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 the mortgage of real property :

4. For the recovery of personal 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 sale of the real property of an infant:

8. For the mortgage or sale, on the application of a religious corporation, of its real property situated in those cities respectively, and the appropriation of the proceeds thereof;

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

This is substantially the same jurisdiction within the city as is conferred upon the county court within the county.

§ 142. These courts have civil jurisdiction, also whether the cause of action arises, or the subject of the action is situated in the city in which the court is established or not, in the same cases in which jurisdiction is conferred by section 68, upon the superior court of the city of New York applying that provision to the city in which the court is established.

$ 143. When organized as provided in section 148, for the purpose of exercising criminal jurisdiction, these courts have jurisdiction :

1. To inquire by the intervention of a grand jury, of all public offences committed in the city in which the court is established:

2. To try and determine an indictment found the re in, or sent thereto by the court of oyer and terminer of the county, for a public offence not punishable with death, committed in that city.

§ 144. When an indictment is found at a city court, for an offence punishable with death, the court must send the indictment to the next court of oyer and terminer of the county.

§ 145. These courts may also send an indictment found therein and remaining undetermined, for an offence not punishable with death, to the next court of oyer and terminer of the same county, to be determined according to law; but that court, if in its opinion the same is not proper to be tried therein, may remit it back to the court by which it was sent, which must proceed thereon, as if it had remained there.

f 146. When an indictment is found at a court of oyer and terminer or of sessions, in a county embracing any of the cities in which a city court is established,

for an offence not punishable with death, committed in that city, the court in which it was found may send it to the next city court in which it is triable, which must proceed to try and determine the indictment, as if it had been found therein.

§ 147. These courts must be held, for the exercise of their civil jurisdiction, by the following judges:

1. The city courts of the cities of Albany, Buffalo, Hudson, Oswego; Troy and Utica, by the recorders of those cities:

2. The city court of the city of Brooklyn, by the city judge of that city.

§ 148. They must be held, for the exercise of their criminal jurisdiction, by the respective officers mentioned in the last section, as presiding judge, together with two of the aldermen of the city, designated as the common council may by ordinance prescribe.

$ 149. If the judge authorised to hold or preside at a city court for the exercise of either its civil or criininal jurisdiction, be disqualified from holding the court, as provided in section 188, he must, upon the request of either party, file with the county clerk a certificate, stating the fact constituting the disqualification and directing that the action or proceeding, if civil, be transferred to the supreme court, or if criminal, to the court of oyer and terminer of the county, and it must be

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