The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-02

Governor the number Of actious the calendar. the
Der remaining undspcsed Of and the duration OF the
| term or circuit
Sec 80 The Judges shsll. at all reasonable times
when not engaged in holding court. transact such
other business be doue out OF court One OF the
judges elected the first Judicial dis rct to he dssig
nated from time to time among themselves shall a.
tend for that purpose, at the City Hall 10 the city of
New York on every jaoois Day rom ten ococG IN .ns
longer II the business require It and every proceeding
before Of thos. judg's may bs coutinu
ed btf re Mother with the effect II commenced
SEQ al Tbs supervisors of the several counties shall
provide the courts appointed to be held therein, With
rooms attendants fuel lights and stationery suitable
and SUFFICIENT for the transaction Of their business y
to do 80 and the expense incurred BY him in carrying
the order into effect when certified by the court shall
| be . county charge.
| TITLE
THE COUNTY COURTS.
SEQ 81. All statutes In force, comforting de-
hning the jurisdiction f the county courts repeal
I'd and those courts shall have no Other
contained In this section sha not affect any proceed
| ipgs pending in those courts
Sac 80 The county courts shall have jurlsdieton in
| the following actions and proceedngs:-
!: The exclusive poser to review sjadgment render.
ed in civil soticn wihin their respective COUNTESS b
court OF Justice Of the peace by the justicss'
of the cities Of Albany, Troy and Hudson re-
.. For the foreclosure satisfaction of mortgage,
and the sale Of mortRs ged premises within the coanty
as For tho partition of real property, within the
For tho admsasurement Of dover in real property,
s. For the sale Of the real property of an infant when
the property is situated and the infant resides within
T oars and CUSTODY of tho person and estate
Of person Of unsound mind, or habitua drunkard,
| residing within the county;
religious corporation Of its real property within the
county and the appropriation cf the thereof
g 10 cases in which Jurisdiction wa. vested by the
Revised Statutes in the late courts Of common pleas
under The provisions relating to attachments sgaiost
abseondDg concealed resident debtors to voun
tarY assignments made pursuant to the application OF
insovept and bis creditors and voluntary assign
by persons imprisoned execution in civil cases
10 prooeedings for tho remission OF fines aad f'r
SEQ 81 general term of each county court, for the
.hs at the places IN the Counties
deeignsted by statute for holding county circuit
courts on the first Tuesday Of January, March, May
continue as long as the court deem necessary. The
court shall be deemed always open for tho transaction
Sec IS. An is.us Of fact in Q county court shall be
tried BY the court unless on motion CT either arty
Sec SO II jury trial be ordered the court shall d.
rect the sheriff to summon eighteen residents Of the
county competent jurors to appear before the court
| at time and place to bs specified
SEQ 81. A jury shall be drawn from thu persons 60
supplied as in other cases The practice spperranips
jury trials and to the verdict Of the jury and the
proceedings thereon as in this act provided shall in all
Sec SO No jury shall hereafter be summoned for q
county provided in the last section
general Of the p.ace Except in tho CITY and
county Of New York; uoless directed by the BOARD
of supervisors of the county.
TITLE v.
| OF SUPERIOR COURT COURT COMMON PLEAS IN
| THE NEW YORK, AND THE MAYORS AND Recon
prRs COURTS In OTHER cIriEs.
SEQ 80 Thsj arsdction Of the superior court OF the
city Of New York ofths court of pleas for
city and county Of New York, of the MAYORS courts Of
the cities Of Albany Hudson Troy and Rocheter AND
| If he 0f he cifi of Nh
Utica. shall, extend to the following actions:
To the actions enumerated In section l0a whom the
shall be situated within these cities respectively
To ali other act ons where all tho defendants shall
resids OF b personally served With the summons within
To actions against corporations crsatcd under the
laws Of this State and transscting their general bust
kespng Office for the transaction Of business
within those Cities respectively or established BY lss
therein.
SEQ 90 The superior oourt Of the city of Nav York
shall also have power to review the Judgments OF thu
marine count Of The CITY Of New York. and Of the a''t
SEQ Al 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
special OF those courts respectively and pre-
scribe the duration thereof and they nav from tnasto
| time respectively, sitter such appointments
SEQ "A general term shall be held by at least two OF
the judges OF those courts respectively, and special
term bv . single judge.
SEQ IS Juasments upon appeal shall be given at the
| general term all Others. at the special term
M s
| two do not concur, the appeal shall De rehsard.
TIrLs VI
| OF THE couRrs JUsrIcEs OF THE PEACE.
SEQ 46 The provisions coutstacd IN section, and
T. the ertcle OF the Revised Statutes entitled or the
jurisdiction of Justices cours amended by sections
and of the act concerning Justices courts passed
50 to &C. Of the article bot inclusive repealed
and the provisions Of this title substituted in pacs
thereof. But this repeal shAll not affect any action
heretofore commenced in court Of Justice Of the
| peace.
SEQ 40 Justices of ths peacs sas! have civil jursdo
ton in the folio wing tions. and no other
An action arising contract for the recovery of
money oplv, the cum claimed do not exceed enc hun
dred dollars
An action for damages for injury to tho person
or to real or personal property the damages elaine
| do not exceed one hundred dollars;
An action for penalty, not exceeding one hundred
| dollsrs, given by ststute
An action commenced BY attachment Of property
provided by statute II the debt damages claim
| cd DO not exceed one hundred dollars;
| s An action upon bond, conditioned for the pay.
ment Of money, not exceeding ono hundred dolais
though the penalty exceed that sum- the Judgment to be
given for the tum aetuslly due Where the payments
to be made by instamepts action may be brought
| for each inftslment, as It shall become due;
6. An action upon q surety bond taken by them
though the penalty or amount claimed exceed one hun
SEQ a But Justice of the peace shall have cosni
| xancs Of 40 action,
In which the people ef this state ere party, ex.
| ceptipg for pensties not exceeding fifty dollars;
Nor where the title TO real property shall come In
question provided by SECTIONS As 10 SIS botu inclusive
g. Nor Of an action Tor assault, battery, lse I'm
prisonment, libel SANDER, malicious prosecution, crmi.
| nal conversation, or seduction;
Nor of q matter Of account, where the sum total OF
the accounts Of bo psrts prosed to tho salts action
| Of the Justice shall exceed four hundred dollars;
Nor OF action against executor or adminislra
| tor, as such.
SEQ In every action brought In court Of justice
OF the peace tbs title real property sha
l questions tho defendant may, either with without
oth-r matter Of defence set forth in his oDy
ter showing that suoh title will come In question Such
answer shall BE- In writing signed by the defendant or
his attorney. and delivered to the justice The justice
shall ther-upon couatersisn the same, and deliver 1t to
the plaintiff
SEQ 40 At the time Of answering the defendant shall
deliver to the ustco written undertaking. executed by
at least sufficient AMI approved by the jus
toe tn the eeot that the plaintiff shall within thirty
days thereafter, deposit with the Justice summons and
complaint In action In ths supreme court for the
cam Aha will daua afl