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 held. 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 vacancy in his office, by the surrogate, or in a county where there is a special county judge, by that officer.. § 113. The terms of this court in each county, shall continue as at present prescribed, until the thirty-first day of December, 1850, inclusive, and no longer. § 114. After that time, a term of the county court, for the trial of issues, must be held in each county, on the first Tuesday of January, March, May, July, September and November, in each year, and must be continued as long as the public interests require. The court is always open for the transaction of any other business. § 115. The terms of the county court must be held at the court house of the county, or if there be more than one, at either or both, as the supervisors may from time to time appoint. The appointment must be made at least thirty days before the holding of a term in pursuance thereof, and published as the supervisors may direct. It shall continue in force until another appointment be made. CHAPTER IX. THE SURROGATES' COURTS. SECTION 116. Surrogate's court in each county. 117-119. Its jurisdiction. 120, 121. By whom held. 122. Officer holding court, denominated in this code, the surrogate. § 116. There is in each county a surrogate's court, with the jurisdiction conferred by the next three sections, and no other. But nothing contained in this section affects its jurisdiction of proceedings now pending therein; nor does it affect any judgment or order already made, or proceeding already taken. § 117. The surrogate's court has exclusive jurisdiction, in the first instance, in the county, to take proof of wills, 1. When the testator, at or immediately before his death, was an inhabitant of the county, in whatever place he may have died: 2. When the testator, not being an inhabitant of this state, shall have died in the county leaving assets therein: 3. When the testator, not being an inhabitant of this state, shall have died out of the state, leaving assets in the county: 4. When the testator, not being an inhabitant of this state, shall have died out of the state, not leaving assets therein, but where assets thereafter come into the county: 5. When real property, devised by the testator, is situated in the county, and no other surrogate's court has gained jurisdiction, under either of the preceding subdivisions of this section. Taken from 2 R. S., 3d ed., 126, sec 46. § 118. The surrogate's court has jurisdiction also, |