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general term to be held in the same city, may be held at the capitol or the city hall, in the discretion of the judges holding such terms.

$ 19. [17.] Judgment, how given.-The concurrence of a majority of the judges holding a general term, shall be necessary to pronounce a judgment. If a majority do not concur, the case shall be re-heard.

$ 20. [18.] Special terms, &c.-There shall be at least two terms of the circuit court and court of oyer and terminer held annually in each of the counties of this state, and as many more terms thereof, and as many special terms, as the judges of each judicial district shall appoint therein; but at least one special term shall be held annually in each of said counties. Fulton and Hamilton shall be considered one county for the purposes of this section.

§ 21. [19.] Circuit and oyer and terminer together.—Circuit courts, and courts of oyer and terminer, shall be held at the same places, and commenced on the same day.

$22. [23.] Times and places of holding courts.-The governor shall, on or before the first day of May, one thousand eight hundred and forty-eight, by appointment in writing, designate the times and places of holding the general and special terms, circuit courts, and courts of oyer and terminer, and the judges by whom they shall be held; which appointment shall take effect on the first day of July thereafter, and shall continue until the thirty-first day of December, one thousand eight hundred and forty-nine. The judges of the supreme court of each district, shall, in like manner, at least one month before the expiration of that time, appoint the times and places of holding those courts for two years, commencing on the first day of January, one thousand eight hundred and fifty, and so on, for every two succeeding years, in their respective districts.

This section is identical with section 23 of the code of 1848, and under that section the governor duly designated the time of holding the general and special terms, circuit courts, and courts of oyer and terminer, and the judges by whom they should be held, and the judges of the supreme court appointed the times and places of holding those courts, and by such designation and appointment a circuit court, court of oyer and terminer, and special term was to be held in and for the county of Greene on the 3d Monday of June, 1849, by Mr. Justice Paige. By an act passed 20th May 1849, (Laws of 1849, p. 150,) the justices of the supreme court assigned to hold the circuit court, court of oyer and terminer in the counties of Greene,

Ulster and Schoharie were authorized to change the time for holding the same for the year 1849. In pursuance of this act, Justice Paige directed that the circuit court and court of oyer and terminer for the county of Greene should be held on the 4th instead of the 3rd Monday in June, as had been provided under the code. Justice Paige accordingly held a circuit court on the fourth Monday in June, and at such court made an order which purported to be made at, and was entitled as of a special term, held at, &c., on the 27th of June, 1849, (the Wednesday after the fourth Monday in June.) On motion the court, at a general term, set aside the said order, on the ground that Justice Paige had no power to change the time for holding the special term, and that no special term was legally held at the time the order was made. Bedell v. Powell, 3 Code Rep. 61.

$23. [24.] Extraordinary terms, &c.-The governor may also appoint extraordinary general and special terms, circuit courts, and courts of oyer and terminer, whenever, in his judgment, the public good shall require it.

By the Laws of 1850, p. 9, cap. 1, it is enacted,that when ever, from any cause, any general or special term of the supreme court, or any circuit court, or court of oyer and terminer, duly appointed, shall be in danger of failing, it shall be the duty of the Governor to designate some justice or justices of said supreme court, who shall hold said courts respectively.

And by Laws of 1850, p. 20, cap. 15, it is enacted, that whenever an action in the supreme court cannot be brought to argument and decision in the district where the same is pending, by reason of the justices of such district, or any of them, having been employed as counsel, or being interested therein, or of kin to the parties or any of them, the court may, upon special motion, order such action to be brought to argument in any adjoining district to be specified in such order, and then such cause shall be beard and decided in such district.

24. [25.] (Amended.)-Terms, &c.,-Where held.-The places appointed within the several counties, for holding the general and special terms, circuit courts and courts of oyer and terminer, shall be those designated by statute for holding county or circuit courts. If a room for holding the court in such place shall not be provided by the supervisors, it may be held in any room provided for that purpose, by the sheriff, as prescribed by section twenty-eight.

Adjournment.-General and special terms of the supreme or county courts and circuit courts and courts of oyer and terminer, may be adjourned to be held on any future day, by an entry to be made in the minutes of the court; and juries may be drawn and summoned for an adjourned circuit or county court, or an adjourned court of oyer and terminer, and causes may be noticed for trial at an adjourned circuit or county court, in the same manner as if such courts were held by original appointment.

The amendment of this section consists of the addition of that part which is printed in italic. See note to section 18.

25. [26.] Publication of appointment.-Every appointment so made, shall be immediately transmitted to the secretary of state, who shall cause it to be published in the newspaper, printed at Albany, in which legal notices are required to be inserted, at least once in each week, for three weeks before the holding of any court in pursuance thereof. The expense of the publication shall be paid out of the treasury of the State.

$26. [28.] Inability of judge.-In case of the inability, for any cause, of a judge assigned for that purpose, to hold a special term or circuit court, or sit at a general term, or preside at a court of oyer and terminer, any other judge may do so.

$27. [30.] Business out of court.-The judges shall, at all reasonable times, when not engaged in holding court, transact such other business as may be done out of court. Every proceeding commenced before one of the judges, in the first judicial district, may be continued before another, with the same effect as if commenced before him.

The justices of the supreme court, although elected in districts, possess coordinate powers throughout the State. Const. art. 6, s. 6.

§ 28. [31.] Rooms, &c.-The supervisors of the several counties shall provide the courts appointed to be held therein with room, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of their business. If the supervisors neglect, the court may order the sheriff to do so; and the expense incurred by him in carrying the order into effect, when certified by the court, shall be a county charge.

By section 51 of this code, this section is made applicable to the superior court of the city of New York.

SECTION 29.

TITLE IV.

Of the County Courts.*

Repeal of existing statutes.

30. Jurisdiction.

31. General terms.

32. Jurors.

29. [32.] Repeal of existing statutes.-All statutes now in force, conferring or defining the jurisdiction of the county courts, so far as they conflict with this act, are repealed; and those courts shall have no other jurisdiction than that provided in the next section. But the repeal contained in this section shall not affect any proceedings now pending in those courts.

30. [33.] (Amended.)-Jurisdiction.-The county court has jurisdiction in the following special cases, but has no original civil jurisdiction except in such cases:

1. Civil actions in which the relief demanded is the recovery of a sum of money not exceeding five hundred dollars, or the recovery of the possession of personal property not exceeding in value five hundred dollars, and in which all the defendants are residents of the county in which the action is brought at the time of its commencement, subject to the right of the supreme court upon special motion for good cause shown, to remove any such action to the supreme court before trial:

2. The exclusive power to review in the first instance, a judgment rendered in a civil action, by a justice's court in the county, or by a justice's court in cities, and to affirm, reverse, or modify such judgment:

Prior to the new constitution the county courts were composed of a multiplicity of judges, but upon their abrogation by the constitution, new county courts were established with but a single judge, called a county judge, except that in the city and county of New-York, the county court is still composed of the judges of the court of common pleas, and of the mayor, recorder, and aldermen as ex officio judges of that court. Const. art. 6, s. 14.

By Laws of 1851, p. 22, c. 21, it is enacted, that the county courts shall possess the same jurisdiction in their respective counties in relation to the liberties of jails, as were vested in courts of common pleas by the revised statutes part 3, art. 3, tit. 6, cap. 7.

By the constitution art. vi., sec. 14, the Legislature is empowered to confer equity jurisdiction in special cases upon the county judge.

3. The foreclosure or satisfaction of a mortgage, and the sale of mortgaged premises situated within the county, and the collection of any deficiency on the mortgage remaining unpaid after the sale of the mortgaged premises:

4. The partition of real property situated within the county: 5. The admeasurement of dower in land situated within the county:

6. The sale, mortgage, or other disposition of the real property situated within the county, of an infant or a person of unsound mind:

7. To compel the specific performance by an infant heir, or other person, of a contract made by a party who shall have died before the performance thereof:

8. The care and custody of the person and estate of a lunatic or person of unsound mind, or an habitual drunkard, residing within the county:

9. The mortgage or sale of the real property, situated within the county, of a religious corporation, and the disposition of the proceeds thereof:

10. To exercise the power and authority heretofore vested in such courts of common pleas, over judgments rendered by justices of the peace, transcripts of which have been filed in the offices of the county clerks in such counties:

11. To exercise all the powers and jurisdiction conferred by statute upon the late courts of common pleas of the county, or the judges, or any judge thereof, respecting ferries, fisheries, turnpike roads, wrecks, physicians, habitual drunkards, imprisoned, insolvent, absent, concealed or non-resident debtors, jail liberties, 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 all other powers and jurisdiction conferred by statute which has not been repealed, on the late court of common pleas of the county, or on the county court, since the late courts of common pleas were abolished, except in the trial and determination of civil actions; and to prescribe the manner of exercising such jurisdiction when the provisions of any statute are inconsistent with the organization of the county court:

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