New-York daily tribune., 1851-07-16
LAWS OF THE SPECIAL SESSION
Code or Procedure.

mons OF sections OF the Code Of Procedure passed
April IL, ls49, hereby amended SO that the same
shall respectively read as follows, namely
vi. The Court OF Appeals shall have exclusive
jurisdiction 10 Seylew, upon appeal, every actual de-
termination hereafter made at a General Term by
the Supreme Court, or by the Superior Court OF the
City Of New-York, or Court OF Common Pleas for
the City and County Of Newfork, IN the following
cases, and no other:
l. In a Judgment in an action commenced therein,
or brought there from another Court and upon tne
appeal from such Judgment 10 REVIEW any lnternedl-
ate order involving the merits and necessarily arect-
ing the judgment
g. In an order affecting substantial right, made in
such acton when such order IN eject determines the
action, and prevents judgment, from which an ap-
peal might he taken:
g. In a final order, affecting a substantial right
made in special pleading, or upon summary ap-
phcation 10 an action, after Judgment
4. In order granting new trial, but slch an
appeal shall not be allowed In an action originally
commenced IN A Court of Justice OF the Peace, or
In the Marine Court of the City OF New-York, or IN
AIN Assistant Justices Court OF that City, or IN JUS
tees Court of any Of the cities of this State
tl3 There shall be four terms Of the Court OF Ap-
peas, in each year. 10 be held at the Capitol in the
City Of Albany on the first Tuesday Of January the
fourth Tuesday of March, the third Tuesday OF june
and the third Tuesday OF September. and continued
for as long period as the public interest may re-
Additional terms shall be appointed and held at
the same place by the Court when the public interest
requires IT, The Court may, by general rules, pro-
endar.
ga The concurrence Of FIVE Judges is necessary
10 pronounce Judgment. II five do not concur, the
case must be re-heard. But no more than two re-
hearings shall be had and H. on the second re-hear-
ing FIVE s4ges do not concur, the judgment snail DE
affirmed
buildings than those designated by law AS places Tor
holding Courts and at "a different place IN the same same
city from that at ~he. II dde Is a adorn % Se the
Court, with the like effect as if all were present
ga. The places appointed within the several
Counties for holding the General and Special IerS'
Circuit Courts, and Courts OF oyer ana lelnheI,
shall he those designated by statute for holding
County or Circuit Courts. II room for holding the
Court IN such place shall not be procured by the SUI
pervIsors, il may be held IN any room proVoeo iof
that purpose by the Shern as pIescflDeuo oJ scCuoh
twenty eight. e -
General or Special Terms of the Supreme or
County Courts, and Circuit Courts and Courts oil
Over and Termner may be adjourned 10 De he!d on
any future day BY entry 10 be made IN the minutes
Of the Court and Juries may be drawn and sum
moned for adjourned Circuit or County Court, or
an adjourned Court of Oyer and Terminer, and
causes NAV be noticed for trial at an adjourned clr-
cult or County Court in the same manner as IS such
Courts were held by original appointment
go The County Court has jurisdiction IN the fol-
lowing special cases but has original civil Juris-
dlction except IN such cases
/ Civil actions in which the relief demanded is
the recovery of sum OF money, not exceeding hVc
hundred dollars the recovery of the possession OF
personal property not exceeding IN value hve nun
dred dollars, and in which all the defendants are re-
sidents of the county in which the action is brought
al the time of its commencement subject 10 the
night OF the Supreme Court upon special motion tor
good cause shown to remove any such action TO the
Supreme Court before trial;
q The exclusive power to review IN the first IN
stance q Judgment rendered IN a civil action, by
Justices Court IN the county, or by Justices Court
cities, and to affirm, reverse or modify such Judg-
ment
3 The foreclosure or satisfaction Of 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
morgaged premises:
4 The partition of real property situated within
the county
5. The admeasurement OF uOWef III lana sltuateu
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
4 TO compel the specific performance, by an IN
fant, heir or other person, of contract made py
party who shall have died before the performance
thereof:
8 The care and custody of the person and estate of
unatic or person OF unsound mind or an habitua
dTunkard, residing within the county
o. The mortgage or sale Of the real property, stu
ated within the county ola religious corporation, ana
the disposition Of the proceeds thereof:
TO- To exercise the power and authority heretofore
menis rendered by Justices OF the Peace, transcripts
OF which have been filed IN the oinccs oi the County
Clerks in such counties
m. To exercise all the powers and jurisdiction con-
ferred by statute upon the late Courts OF Common
Pleas the county, the Judges or any Judge thereof
reepccng ferries fisheries, turnpike roads, wrecks,
physicians, habltua drunkards imprisoned, nsoven''
absent concealed or nonresident debtors, jail hber-
ties the removal of occupants from State lands, the
laying out of railroads through Indian lands and
upon appeal from the determination OF COMMISSION
eTs OF highways, and all other powers and Jurlsdlc
ton conferred by statute hch has not been repealed
on the late Court Of Common Pleas OF the county,
or on the County Court since the late Courts OF Com
mon pleas were abolished, except IN the trial and de-
NAH in a
ner of exercising such jurisdiction when the provS-
ions Of any statute inconsistent With the organ-
zation OF the County Court
~, To remit fines and forfeited recogniZances IN
the same cases and like manner as such power was
given by law To Courts OF Common Pleas. But the
hrst subdivision OF this section shall not apply to the
County Court of the Counties OF Kings, Albany
Monroe and Ere.
I3 To grant new TRIALS or affirm, modify or re-
verse judgments IN actions tired III such Court upon
abili exceptions made subject TO an appeal
Ia the Supreme Court
SSl The County Court is always open for the
transaction OF any business for which no notice Is re-
CURED TO be given opposing party Al least tw o
terms each County for the trial OF issues OF law OF
fact, and as many more as the County Judge shall
appoint shall be held each year At the places IN
the Counties respectively designated BY statute for
holding County or Circuit Courts, ON such days As
the County Judge shall from time 10 time appoint,
and may continue as long as The Court deem neceS-
Sary
Notice of such appointment shall be published IN
the State paper al least four weeks before any such
term, and also IN newspaper, II any. printed IN the
County SO many OF such terms rs the County Judge
shall designate for that purpose, IN such notice may
be held for the ta of issues OF law and hearing and
decision OF motions and other proceedings at which
no lury shall be required to attend
; So. Sub. ). An action for penalty not exceeding
one hundred dollars
sub. g. An action for damages Tor fraud IN the sale,
purchase or exchange OF personal property II the
damages claimed do not exceed one hunOred dollars
Sd. AT the time OF answering the defendant shall
deliver 10 the Justice written undertaking, execu-
ted by al least one sufficient surety and approved bv
the Justice 10 the effect that II the plaintiff shall
within thirty DAYS thereafter. depoSite With the JUS
uce summons and complaint IN action IN the
County Court, for the cause the defendant
viii, within ten days aiter such depoSi,s give ad-
mission IN writing OF the service thereof
Where the defendant WAS arrested IN The action