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.

If

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

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 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.

$ 41 to $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.

$47. All civil suits at issue at the time of the pas sage 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.

$49. [Repealed.]

$50. Appeals from the judgments of the superior court in such suits, may be taken to the court of appeals, in the same manner as from the judgments of the superior court in actions originally commenced therein

51. The provisions of section twenty-eight of this hall apply to the said superior court.

$52. The provisions contained in sections two, three and four, of the article of the revised statutes, entitled "Of the jurisdiction of justices' courts," as amended by sections one and two, 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.

$53. Justices of the peace shall have civil jurisdiction in the following actions, and no others; excepting as in the second section 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 pertaining 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 hundred 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 instalments, an action may be brought for each instalment as it becomes due;

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

$41 to $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 tiine.

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.

of

$48. The said superior court shall have jurisdiction 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.

$49. [Repealed.]

$50. 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 twenty-eight of this act, shall apply to the said superior court.

$52. The provisions contained in sections two, three and four, of the article of the revised statutes, entitled "Of the jurisdiction of justices' courts," as amended by sections one and two, 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.

$53. Justices of the peace shall have civil jurisdiction in the following actions, and no others; excepting as in the second section 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 pertaining 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 hundred 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 instalments, an action may be brought for each instalment as it becomes due;

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