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7. Of such other questions as are prescribed by the provisions of this code.

§ 76. The special terms are devoted,

1. To the hearing and determination of applications for judgment upon failure to answer; and upon complaint and answer:

2. To the hearing and determination of cases transferred by the supreme court at a general term, as provided in sections 69 and 70, except those pending upon an issue of fact or for review:

3. To the hearing and determination of cases transferred by the supreme court at a special term, as provided in sections 69 and 70:

4. To the trial of issues of law, now pending or hereafter joined, in actions commenced in this court:

5. To the hearing and determination of applications for judgment upon special verdicts:

6. To the hearing and determination of cases reserved for argument or further consideration:

7. To the hearing and determination of motions, in actions or proceedings in this court:

8. To the hearing and determination of all other questions not assigned to the general or trial terms, exclusively.

§ 77. The trial terms are devoted to the trial,

1. Of issues of fact now pending or hereafter joined in actions in this court:

2. Of questions of fact in those actions, or in any other proceeding, which are ordered by this court to be tried by a jury.

§ 78. The general terms must be held by at least two, and the special and trial terms by one only, of the judges

$79. The chief justice, if he be present, must preside at a general term. If he be not present, the judges holding the term may designate one of their number to preside, and he shall preside accordingly during the absence of the chief justice.

§ 80. The concurrence of a majority of the judges holding a general term is necessary to pronounce a judgment. If a majority do not concur, the case must be reheard.

§ 81. As many general, special and trial terms as the court may appoint, may be held in each year, concurrently or otherwise. They must be held as long as the public interests require.

82. The general, special and trial terms must be held at the city-hall in the city of New-York.

§ 83. The times of holding the general, special and trial terms, shall continue as at present prescribed, until the thirty-first day of December, 1850, inclusive, and no longer.

§ 84. At least thirty days before the first day of January, 1851, the court shall appoint the time of holding the general, special and trial terms for the succeeding year, and until changed by another appointment. A similar appointment may be made annually.

CHAPTER VI.

THE COURT OF COMMON PLEAS OF THE CITY OF NEW-YORK.

SECTION 85. The court continued, and name changed.

86-88. Its jurisdiction.

89. Number of the judges of the court, and their names of office.
90. Chief justice, how designated.

91. Distribution of the court into general, special and trial terms.

92. Business of the general terms.

93. Business of the special terms.

94. Business of the trial terms.

95. General terms, to be held by at least two judges, and special terms, by

one only.

96. Who to preside at a general term.

97. Number of judges necessary to pronounce judgment.

98. Number of terms in each year.

99. Place of holding the court.

100. Terms now prescribed, to continue to December 31, 1850.
101. Appointment of terms thereafter, by whom and how made.

§ 85. The court known as the court of common pleas for the city and county of New-York, is continued, with the jurisdiction conferred by the next three sections, and no other; and is denominated the court of common pleas of the city of New-York. But nothing con

tained in this section affects its jurisdiction of actions or proceedings now pending therein, nor does it affect any judgment or order already made, or proceeding already taken.

§ 86. This court has jurisdiction, concurrently with the superior court of the city of New-York, of the actions and proceedings mentioned in sections 67 and 68.

§ 87. This court has jurisdiction also, of the following proceedings:

1. To remit fines and forfeited recognizances, in the cases and manner provided in this code; and to continue and discharge the docket of judgments entered upon recognizances:

2. To exercise the powers conferred upon it by statutes, in respect to liens filed in the office of the county clerk, and to control, amend or discharge the same:

3. Of all other special proceedings, in the city and county of New-York, of which the county courts have jurisdiction in their counties:

4. To exercise the powers conferred upon it, by other provisions of this code.

This section embraces subjects which have always been a part of the jurisdiction of this court, as the county court in New-York.

88. This court has also the exclusive power to review, in the first instance, a judgment rendered by the marine court of the city of New-York, or by a justice's court in that city.

§ 89. The three judges of this court, elected as such, by the electors of the city and county of New-York, and now in office, and t'eir successors, are the only judges of this court. They shall be known as the chief justice and associate judges of the court of common pleas of the city of New-York,

§ 90. The present first judge shall be the chief justice, until his office shall expire or become vacant. In either of these events, the judges then in office shall, by an order entered upon the minutes, designate one of their number as chief justice, who shall act as such until his office shall expire or become vacant; and so on, from time to time, as often as the office of the judge designated as chief justice shall expire or become va

cant.

§ 91. This court is distributed into general, special and trial terms.

§ 92. The general terms are devoted to the hearing and determination,

1. Of appeals now pending or hereafter brought in actions in this court, as provided in this code:

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