as to terms

bers of the

TITLE III.
of the Supreme Court, Circuit Courts, and Courts of

Oyer and Terminer.
Section 17. Existing statutory provisions, as to terms and business of the

courts repealed, and order of supreme court fixing the

terms, &c., abrogated. 18. General terms prescribed. 19. Number of judges to give judgment. 20. Special terms, circuit courts, and courts of oyer and terminer,

prescribed.
21. Circuit courts and oyer and terminer held together.
22. Designation of times and places of holding courts; how made.
23. Extraordinary general and special terms, and oyer and ter.

miner; how appointed.
24. Places of holding the courts.
25. Publication of appointment thereof.
26. When judges not assigned may hold the courts.
27. Duties of judges as to business out of court.

28. Rooms, fuel, &c.; how furnished.

§ 17. All statutes now in force, providing for the desigExisting statutory provisions

nation of the times and places of holding the general and and busi. special terms of the supreme court, and the circuit courts couris re- and courts ofoyer and terminer, and of the judges who shall pepealed ar Supreme hold the same, are repealed, from and after the first day conri fixing terme, &c. of July, one thousand eight hundred and forty-eight; and

& abrogated.

the order of the supreme court, adopted July fourteen, one thousand eight hundred and forty-seven, prescribing the times and places of holding the general and special terms of the court, and the circuit courts and courts of oyer and terminer, during the residue of the year one thousand eight hundred and forty-seven and for the years one thousand eight hundred and forty-eight and one thousand eight hundred and forty-nine, and assigning the business and duties thereof to the several judges of the court is, from and after the first day of July, one thousand eight hundred and forty-eight, abrogated; and the provisions of this title are substituted in place thereof.

$ 18. At least four general terms of the supreme court terms pre- shall be held annually in each judicial district, and as ma

ny more as the judges in such district shall appoint, at

of

General

scribed.

judges to

ment

terins cir

and
of oyer &
jermmer

courts and

& . miner held

such times and places as a majority of the judges of such district shall appoint.

19. The concurrence of a majority of the judges hold-Number of ing a general term, shall be necessary to pronounce a judg- give judg. ment. If a majority do not concur, the case shall be reheard.

§ 20. There shall be at least two terms of the circuit Special court and court of oyer and terminer held annually in each cuid courts of the counties of this state, and as many more terms there

prescribed. of, and as many special terms as the judges of each judicial district shall appoint therein, but at least one special term shall be held annually in each of said counties. Fulton and Hamilton shall be considered one county for the purposes of this section.

§ 21. Circuit courts, and courts of oyer and terminer, Circuit shall be held at the same places, and commenced on the course ore same day.

together. $ 22. The governor shall, on or before the first day of DesignaMay, one thousand eight hundred and forty-eight, by ap- places of pointment in writing, designate the times and places of courts .ow

holding holding the general and special terms, circuit courts, and courts of oyer and terminer, and the judges by whom they shall be held ; which appointment shall take effect on the first day of July thereafter, and shall continue until the thirty first day of December, one thousand eight hundred and forty-nine. The judges of the supreme court of each district shall, in like manner, at least one month before the expiration of that time, appoint the times and places of holding those courts for two years, commencing on the first day of January, one thousand eight hundred and fifty, and so on, for every two succeeding years, in their respective districts.

23. The governor may also appoint extraordinary Extraordigeneral and special terms, circuit courts, and courts of ral and speoyer

and terminer whenever, in his judgment, the public and oyer good shall require it.

times and

liow made.

cial terms

Places of holding courts.

§ 24. The places appointed within the several counties, for holding the general and special terms, circuit courts and courts of oyer and terminer, shall be those designated by statute for holding county or circuit courts. If a room for holding the court in such place shall not be provided by the supervisors, it may be held in any room provided for that purpose, by the sheriff, as prescribed by section twenty-eight.

General and special terms of the supreme or county courts and circuit courts and courts of oyer and terminer, may be adjourned to be held on any future day, by an entry to be made in the minutes of the court ; and juries may be drawn and summoned for an adjourned circuit or county court, or an adjourned court of oyer and terminer, and causes may be noticed for trial at an adjourned circuit or county court, in the same manner as if such courts were held by original appoint

ment.

Publication of appoint. neliis thereof.

When judges not

hold

§ 25. Every appointment so made, shall be immediately transmitted to the secretary of state, who shall cause it to be published in the newspaper, printed at Albany, in which legal notices are required to be inserted, at least once in each week, for three weeks before the holding of any court in pursuance thereof. The expense of the publication shall be paid out of the treasury of the state.

§ 26. In case of the inability, for any cause, of a judge assigned assigned for that purpose, to hold a special term or circuit line courts. court, or sit at a general term, or preside at a court of

oyer and terminer, any other judge may do so.

$ 27. The judges shall at all reasonable time, when not
Duties of
judges as 10 engaged in holding court, transact such other business as

may be done out of court. Every proceeding commenced
before one of the judges, in the first judicial district, may
be continued before another, with the same effect as if

commenced before him. Rooms,

$28. The supervisors of the several counties shall prohow fir: vide the courts appointed to be held therein with room,

attendants, fuel, lights and stationery, suitable and suffi

busness out of couris.

fuel, & c.

nished.

cient for the transaction of their business. If the supervisors neglect, the court may order the sheriff to do so; and the expense incurred by him in carrying the order into effect, when certified by the court, shall be a county charge.

TITLE IV.

existing

de

diction.

Of the County Courts.
Section 29. Repeal of existing statutes defining their jurisdiction.

30. Their jurisdiction.
31. General terms, when held. Notice to be published.

32. Jurors, how drawn and summoned. § 29. All statutes now in force, conferring or defining Repeal of the jurisdiction of the county courts, so far as they conflict filling their

jurisdic. with this act, are repealed; and those courts shall have won no other jurisdiction than that provided in the next section. But the repeal contained in this section shall not affect any proceedings now pending in those courts.

. $ 30. The county court has jurisdiction in the following Treninrisspecial cases, but has no original civil jurisdiction except in such cases

1. Civil actions in which the relief demanded is the recovery of a sum of money not erceeding five hundred dollars, or the recovery of the possession of personal property not erceeding in value five hundred dollars, and in which all the defendants are residents of the county in which the action is brought at the time of its commencement: subject to the right of the supreme court upon special motion for good cause shown to remove any such action to the supreme court before trial.

2. The exclusive power to review in the first instance, a judgment rendered in a civil action by a justice's court in the county, or by a justices' court in cities, and to affirm, reverse or modify such judgment:

3. The foreclosure or satisfaction of a mortgage, and the sale of mortgaged premises situated within the county, and

the collection of any deficiency on the mortgage remaining unpaid, after the sale of the mortgaged premises •

4. The partition of real properly situated within the county:

5. The admeasurement of dower in land situated within the county:

6. The sale, mortgage or other disposition of the real property situated within the county, of an infant or person of unsound mind:

7. To compel the specific performance, by an infant, heir or other

person, of a contract made by a party who shall have died before the performance thereof:

8. The care and custody of the person and estate of a lunatic or person of unsound mind, or an habitual drunkard, residing within the county:

9. The mortgage or sale of the real property situated within the county, of a religious corporation, and the disposition of the proceeds thereof:

10. To exercise the power and authority heretofore vested in such courts of common pleas, over judgments rendered by justices of the peace, transcripts of which have been filed in the offices of the county clerks in such counties:

11. To exercise all the powers and jurisdiction conferred by statute upon the late courts of common pleas of the county, or the judges or any judge thereof, respecting ferries, fisheries, turnpike roads, wrecks, physicians, habitual drunkards, imprisoned, insolvent, absent, concealed or non-resident debtors, gaol liberties, 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 all other powers and jurisdiction conferred by statute, which has not been repealed, on the late court of common pleas of the county, or on the county court, since the late courts of common pleas were abolished, except in the trial and determination of civil actions; and to prescribe the manner of exercising such jurisdiction, when the provisions of any sta