for the recovery of any debt or damages, whether liquidated or not, arising upon contract made, executed or delivered within the state, or upon any cause of action arising therein.

34. The court of common pleas for the city and county of New York shall also have power to review the judgments of the marine court of the city of New York, and of the justices' courts in that city.

35. The superior court of the city of New York, and the court of common pleas for the city and county of New York, shall, within twenty days, appoint general and special terms of those courts respectively, and prescribe the duration thereof; and they may, from time to time, respectively, alter such appointments; and hereafter no fees shall be paid for any service of a judge of either of those courts.

36. A general term shall be held by at least two of the judges of those courts respectively, and a special term by a single judge.

37. Judgments upon appeal shall be given at the general term; all others, at the special term.

38. The concurrence of two judges shall be necessary to pronounce a judgment at the general term. If two do not concur, the appeal shall be reheard.

39. A crier shall be appointed by the superior court of the city of New York, and by the court of common pleas for the city and county of New York respectively, to hold his office during the pleasure

B

of the court.

He shall receive a salary to be fixed by the supervisors of the city and county of New York, and paid out of the county treasury.

40. The superior court of the city of New York shall from the first day of May, 1849, consist of six justices.

2 41 to 2 45. [Obsolete.]

46. A general term of the superior court may be held by any two of the six justices thereof, and a special term by any one of them; and general and special terms, one or more of them, may be held at the same time.

847. All civil suits at issue at the time of the passage of this act, that from and after the first of May, 1849, shall be placed upon the calendar of the supreme court at any general or special term thereof, to be held in the city of New York, and which shall be in readiness for hearing on questions of law only, or are equity cases, may, by an order of that court, or of the judge holding such special term, be transferred to the said superior court of the city of New York, and to be heard at the general terms thereof.

? 48. The said superior court shall have jurisdiction of every suit so transferred to it, and may exercise the same powers in respect to every such suit and any proceedings therein, as the supreme court might have exercised, if the suit had remained in that court.

249. [Repealed.]

30. Appeals from the judgments of the superior court in such suits, may be taken to the court of ap peals, in the same manner as from the judgments of the superior court in actions originally commenced therein.

51. The provisions of section 28 of this act shall apply to the said superior court.

TITLE VI.

Of the Courts of Justices of the Peace.

52. The provisions contained in sections 2, 3 and 4, of the article of the Revised Statutes, entitled "Of the jurisdiction of justices' courts," as amended by sections 1 and 2, of the act concerning justices' courts, passed May 14, 1840, and the provisions contained in sections 59 to 66 of the same article, both Inclusive, are repealed, and the provisions of this title substituted in place thereof. But this repeal shall not affect any action heretofore commenced in a court of a justice of the peace.

253. Justices of the peace shall have civil jurisdiction in the following actions, and no others: excepting as in the second section [of laws of 1861, ch. 158] it is provided:

1. In actions arising on contracts for the recovery of money only, if the sum claimed does not exceed two hundred dollars:

2. An action for damages for injury to rights per taining to the person, or to personal or real property If the damages claimed do not exceed two hundred

dollars.

3. An action for a penalty not exceeding two hun. dred dollars.

4. An action commenced by attachment of property as now provided by statute, if the debt or damages claimed do not exceed two hundred dollars.

5. An action upon bond conditioned for the payment of money, not exceeding two hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due. Where the payments are to be made by installments, an action may be brought for each installment as it becomes due.

6. An action upon a surety bond taken by them, though the penalty or amount claimed exceed two hundred dollars.

7. An action upon a judgment rendered in a court of justice of the peace, or by a justice, or other inferior court in a city where such action is not prohibited by section 71.

S. To take and enter judgment on the confession of a defendant, where the amount confessed shall not exceed five hundred dollars, in the manner prescribed by article 8, title 4, chapter 2, of part 3 of the Revised Statutes.

9. An action for damages for fraud in the sale, purchase or exchange of personal property, if the damages claimed do not exceed two hundred dollars.

10. An action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent or attorney, hundred dollars. shall not exceed the sum of

The plaintiff in such action, at the time of issuing the summons, but not afterward, may claim the immediate delivery of such property as hereinafter provided.

Berore any process shall be issued in an action to recover the possession of personal property, the plaintiff, his agent or attorney, shall make proof by affidavit, showing:

(1) That the plaintiff is the owner, or entitled to immediate possession, of the property claimed, particularly describing the same.

(2) That such property is wrongfully withheld or detained by the defendant.

(3) The cause of such detention or withholding thereof, according to the best knowledge, information and belief of the person making the affidavit.

(4) That said personal property has not been taken for any tax, fine, or assessment, pursuant to statute, or seized by virtue of an execution or attachment against the property of said plaintiff'; or if so seized, that it is exempt from such seizure by statute.

(5) The actual value of said personal property. On receipt of such affidavit, and an undertaking, in writing, executed by one or more sufficient sureties, to be approved by the justice of the peace before whom such action is commenced, to the effect that they are bound in double the value of such property as stated in said affidavit, for the prosecution of said action, and for the return of said property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against said plaintiff, the justice shall indorse upon said affidavit a direction to any constable of the county in which said justice shall reside, requiring said constable to take the property described therein from the defendant, and keep the same to be disposed of according to law; and the said justice shall, at the same time, issue a sunimons