judgment. If a majority do not concur, the case must be reheard. Taken from Amended Code, sec. 19. It will be seen in the provisions respecting appeals, that the business of the general terms is to review the judgments given at the special terms and circuits, and the reports of referees. The general terms, therefore, are in the nature of courts of appeal. It may, and not unfrequently will happen, that the judge who rendered the judgment at the special term or circuit, will sit at the general term; and if he do, he will, of course, have a voice in the decision of the cause. If four judges hold the general term, a tie vote will decide the cause, of which the vote of the judge whose judgment is reviewed, may be one. This should not be allowed. The inconvenience of a rehearing is far less than the injustice of a judgment depending upon the mere technical rule, that if the party holding the affirmative fail in obtaining a majority, his case is determined, while his rights remain undecided. This the Commissioners think objectionable, for the reasons stated in the note to section 34, (p. 23, 24,) in respect to the judgment of the court of appeals. 55. The general terms and circuits must be held as loug as, in the opinion of the judge or judges holding them, the public interests require. § 56. The judge holding a circuit must at the same time hold a special term, and continue it until the adjournment of the circuit, or longer, if the public interests require; or he may adjourn it to another time and place in the county. It was provided in the code of 1848, sec. 19, that "special terms, circuit courts, and courts of oyer and terminer, shall be held at the same places, and commenced on the same day." In the amended code, sec. 21, special terms were stricken out. The Commissioners can conceive no good reason why they should not be held at the time of holding a circuit. In the parts of the state where circuits and special terms are of rare occurrence, it is very convenient to suitors, and adds but little to the labor of the judges, to have a special term when a circuit is held. § 57. In addition to these special terms, the court is always open, before each of the judges, for the hearing of motions, applications for judgment upon failure to answer, and upon complaint and answer, and for the trial of issues of law. But a judge who appoints for that purpose a certain day in each week when not sitting at a general term or circuit, is not required to hear a contested motion or trial at any other time. This section is introduced, to afford greater facilities for the hearing and determination of matters which may be disposed of by a single judge. The distinction between the powers of a judge at special term and at chambers, is rather nominal than real, and the interests of suitors will be greatly promoted by the provision in question. § 58. The judges must also at all reasonable times, when not engaged in holding court, transact such other business as may be done out of court. One of the judges elected in the first judicial district, to be designated from time to time, among themselves, must attend for that purpose at the city hall in the city of NewYork, on every judicial day, from ten o'clock in the forenoon until three o'clock in the afternoon, and longer, if the business require it; and every proceeding commenced before one of those judges, may be continued before another, with the same effect as if commenced before him. Taken from original code, sec. 30, and omitted in the amended code. There appears to us a necessity for its restóration. 59. The times and places of holding the general and special terms and circuits, shall continue as at present prescribed, until the thirty-first day of December, 1850, inclusive, and no longer. § 60. There must be as many general terms annually, not less than four in each judicial district, and as many special terms and circuits annually, in each county, as are sufficient for the transaction of the business. In their first report, p. 29, 30, sec. 16, 18, the Commissioners provided for six general terms in cach district, and for a fixed number of special terms and circuits in each county. Their suggestions in this respect, were adopted by the legislature, in the code of 1848, but were omitted in the amended code, probably for the reason that no fixed rule could be adopted on the subject. There can be no just objection, however, to fixing the criterion proposed by this section, for the guidance of the judges in making the appointments. § 61. There must be a general session of the judges of the supreme court at the capitol in the city of Albany, on the first Monday of August, 1851, and on the first Monday of August in every second year thereafter, at which session the judges shall make such general rules as may be necessary, pursuant to section 186, and shall also appoint the times and places of holding the general and special terms and circuits for the succeeding two years, commencing on the first of January thereaf ter, and designating the judges to hold the same. The appointment so made, must be such, that for each general term there shall be designated at least one judge, not elected in the district where the court is held. § 62. The governor, whenever in his opinion the public interests require, may appoint extraordinary general and special terms and circuits, and designate the judges by whom they are to be held, who shall hold them accordingly. The same as amended code, sec. 24, except that it authorises the governor to designate the judges by whom the courts are to be held, and makes it the duty of the judges thus designated, to hold them accordingly. This is necessary, in order to prevent a failure in holding the court. § 63. The place appointed in each of the counties, for holding the general and special terms and circuits, must be the court house therein. Taken from amended code, sec. 25. 64. In case of the inability, for any cause, of a judge assigned for that purpose, to hold a special term or circuit, or sit at a general term, any other judge may do so; and the governor may, if necessary, assign the judge for that purpose, who must do so accordingly. The same as amended code, sec. 28, except as to the power conferred upon the governor, of assigning the judge to hold the court. This is necessary, for the reason stated in the note to sec. 62. § 65. Every appointment made as provided in sections 61 and 62, must be immediately transmitted to the secretary of state, who must cause it to be published in the state paper, at least once in each week, for three weeks, before the holding of a court in pursuance thereof. The expense of the publication is payable out of the treasury of the state. The same as Amended Code, sec. 26. CHAPTER V. THE SUPERIOR COURT OF THE CITY OF NEW-YORK. SECTION 66. The court continued. 67. Its jurisdiction of actions and proceedings, where cause thereof arose, or subject is situated in the city of New-York. 68. Its jurisdiction of other civil actions. 69. Its jurisdiction of suits heretofore transferred to it. 70. Transfer hereafter of suits in supreme court, in what cases, and how made. 71. Effect of the order of transfer. 72. Number of judges of the court, and their names of office. 73. Chief justice, how designated. 74. Distribution of the court into general, special and trial terms. 75. Business of the general terms. 76. Business of the special terms. 77. Business of the trial terms. 78. General terms to be held by at least two judges, and special terms by one only. 79. Who to preside at a general term. 80. Number of judges necessary to pronounce judgment. 81. Number of terms in each year. 82. Place of holding the court. 83. Terms now prescribed, to continue till December 31, 1850. § 66. The court known as the superior court of the city of New-York, is continued, with the jurisdiction conferred by the next five sections, and no other. But nothing contained in this section affects its jurisdiction of actions or proceedings, now pending therein, nor does it affect any judgment cr order already made, nor any proceeding already taken. § 67. This court has jurisdiction of the following actions and proceedings, when the cause thereof arises or the subject thereof is situated in the city of NewYork: |