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:

for

2. For the partition of real property:

3. For the foreclosure of a mortgage of real property: 4. For the recovery of personal property, distrained 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 admeasurement of dower in real proper

ty:

8. For the sale of the real property of an infant :

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

10. For the mortgage or sale, on the application of a religious corporation, of its real property, and the appropriation of the proceeds thereof.

The first six subdivisions, embrace the jurisdiction con ferred upon this court, by the Amended Code, sec. 33, subd. 1, comprehending what were formerly known as local actions.

The remaining subdivisions confer the same jurisdiction in respect to special actions and proceedings, as is vested in the county courts by the Amended Code sec. 30, subd. 4, 5, 6, 8, and retained in the corresponding section of this code, sec. 110.

§ 68. This court has jurisdiction, also, in all other civil actions, whether the cause of action arise, or the subject of the action be situated in the city of NewYork, or not,

1. In an action arising on contract, when one or more of several defendants reside in that city, or occupy a tenement therein for the transaction of their ordinary business:

2. In an action for any other cause, when all the defendants reside in that city, or occupy a tenement therein for the transaction of their ordinary business, or are personally served with the summons in that city:

3. In an action arising on contract, when one or more of several defendants jointly liable thereon reside in, or are personally served with the summons, or occupy a tenement for the transaction of their ordinary business in that city:

4. In an action arising on contract, when all the defendants reside out of the state, but one or more of them has property in that city:

5. When the defendant is a corporation created under the laws of this state, and transacts its general business, or keeps an office, or has an agency established for the transaction of business in the city of New-York, or is established by law therein : or

6. When the defendant is a corporation, created by or under the laws of another state, government or country, and has property in the city of New-York, or an agency established therein, and the action is for the recovery of money upon a cause of action arising in that city.

The jurisdiction conferred by the first two subdivisions of this section, differs from that contained in the Amended Code, sec. 33, subd. 2, by which it is extended only to cases "where all the defendants shall reside or be personally served with the summons" in the city of New-York. There can be no injustice in giving the jurisdiction to this court, proposed in the subdivisions under consideration. It is in fact but restoring a jurisdiction which it always had, until the adoption of the Code of 1818. Where persons transact their ordinary business in a particular place, there seems to be no very sufficient reason for exempting them from the jurisdiction of its local courts, because they happen to reside a short distance beyond its limits. In the city of New-York, the existing rule has been found very inconvenient, in compelling the commencement of actions in the supreme court, which can as well be disposed of by the local courts, and without the slightest possible prejudice to the rights of either party.

The fifth and sixth subdivisions are the same as Amended Code, sec. 33, subd. 3, except that in addition to the cases there mentioned, it allows the action to be brought in the superior court, when the corporation has an agency established in that city, as well as when the corporation is established or has an office therein.

69. The jurisdiction of this court also extends to such civil suits in the supreme court, commenced before the first day of July, 1848, and at issue on or before the first day of July, 1849, as are now transferred to this court pursuant to statute, and to such other civil

suits in the supreme court, as may be transferred thereto, as provided in the next section.

Amended Code, sec. 47.

§ 70. Any such suit, (except those brought to the su:preme court, for the review of a judgment of the superior court or court of common pleas of the city of NewYork,) which may be upon the calendar of the supreme court, at a general or special term in the city of NewYork, may, by the order of the court upon whose calendar it is, be transferred to the superior court of the city of New-York, at any time before the first day of January, 1851.

Amended Code, sec. 47.

71. On filing with the clerk of this court a certified copy of the order made pursuant to the last section, this court becomes, vested with as full jurisdiction of the action or proceeding transferred, and may exercise the same powers in relation to any proceeding therein, as the supreme court might have exercised, if the suit transferred had remained in that court.

§ 72. There are six judges of this court, elected by the electors of the city and county of New-York, who are respectively known as the chief justice and associate judges of the superior court of the city of NewYork.

Amended Code, sec. 40.

§ 73. The present chief justice shall continue to act as such, 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

vacant.

Laws of 1847, p. 281, sec. 6.

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

§ 75. 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:

2. Of cases brought to the supreme court for review, and transferred from a general term thereof, as provided in sections 69 and 70:

3. Of cases now pending, for the review of judgmer.ts of the marine court of the city of New-York, or of the justices' courts in that city:

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

5. Of questions incidental to the hearing and determination of the cases mentioned in this section:

6. Of issues of law, and motions for new trials, in suits pending in this court, on the first day of July, 1848.