for that purpose, in such notice, may be held for the trial of issues of law, and hearing and decision of motions and other proceedings at which no jury shall be required to attend, and terms of the county court for the trial and decision of causes, and for the hearing and decis ion of proceedings not requiring a jury, and for the hearing and decision of appeals from justices' courts in all actions and proceedings in which a new trial cannot be had in the county court, and for the hearing and decision of motions, may be appointed as hereinbefore provided, to be held at the chambers of the county judge. And the county judge may adjourn any regularly appointed term of the county court to his chambers, and by an entry in the minutes, adjourn the cause from time to time, and at such adjourned terms any business may be transacted that could be done at a regularly appointed time at chambers.

32. Jurors for the county courts and courts of sessions shall be drawn from the jury-box of the county, and summoned in the same manner as for the trial of issues at a circuit court.

TITLE V.

Of the Superior Court and Court of Common Pleas in the city of New York, and the Mayors' and Recorders' Courts in other cities.

33. The jurisdiction of the superior court of the city of New York, of the court of common pleas for the city and county of New York, of the mayors' courts of cities and of the recorders' courts of cities shall extend to the following actions:

1. To the actions enumerated in sectious 123 and 124, when the cause of action shall have arisen, or the subject of the action shall be situated, within those cities respectively.

or

2. To all other actions where all the defendants reside or are personally served with the summons within those cities respectively, or where one more of several defendants, jointly liable on contract, reside or are personally served with the summons within those cities respectively, except in the case of mayors' and recorders' courts of cities, which

courts shall only have jurisdiction where all the de fendants reside within the cities in which such courts are respectively situated. The supreme court may remove into that court any action brought under this subdivision and pending in the superior court, or court of common pleas for the city and county of New York, and may change the place of trial therein, as if such action had been commenced in the supreme court; such order for removal and for change of place of trial to be made in the supreme court upon motion, and on filing a certified copy of such order in the office of the clerk of the superior court, or of the court of common pleas, such cause shall be deemed to be removed into the supreme court, which shall proceed therein as if the same had originally been commenced there; and the clerk with whom such order is filed must forthwith deliver to the clerk of the county in which, by such order, the trial is ordered to be had, to be filed in his office, all process, pleadings and proceedings relating to such cause. And any action or proceeding pending in any mayor's or recorder's court, in which the Judge is, for any cause, incapable of acting, may by such court be transferred to the county court of the county, and thereupon the papers therein on file in the mayor's or recorder's court shall be transmitted to the county court, which shall thenceforth have jurisdiction of such action or proceeding.

3. To actions against corporations created under the laws of this state, and transacting their genera! business, or keeping an office for the transaction of business, within those cities, respectively or established by law therein, or created by or under the laws of any other state, government or country,

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.

238. The concurrence of two judges shall be neces sary 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.

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.

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 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.

53. 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. 1581 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.