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licly drawn by the register and clerk of the city and county of New-York, in the presence of the mayor or recorder of the city of New York, and the certificate of such drawing and classification shall be signed by such register and clerk, and by the attending mayor or recorder, and filed in the offices of the register and clerk. The classes shall be numbered first, second, and third, according to the term of service of each, the first class being that which has the shortest time to serve. The term of office of each of such justices shall commence on the first day of May next, and the term of the justice of the first class, shall expire on the thirty-first day of December, 1850; of the justice of the second class, on the thirty-first day of December, 1852; and of the justice of the third class, on the thirty-first day of December, 1854.

§ 9. After the expiration of the terms of office under such classification, the term of office of all the justices of the superior court of the city of New York, shall be six years; and any vacancy occurring in the offices created by this chapter, shall be filled in the manner prescribed for filling vacancies in the offices of the present justices.

§ 10. The justices elected pursuant to this chapter, shall have the same powers, and perform the same duties, in all respects, as the present justices of such superior court, and shall receive the same salaries, payable in like manner.

$ 11. A general term of the superior court may be held by any two of the six justices thereof, and a special term by any one of them; and general and special terms, one or more of them, may be held at the same time.

§ 12. The jurisdiction of the superior court of the city of New York, is hereby extended to such civil suits, whether at law or in equity, pending in the supreme court, and commenced before the first day of July, 1848, as shall be transferred to such superior court, pursuant to the next section.

§ 13. Any of such suits, being upon the calendar of the supreme court, at any general or special term hereafter held in the city and county of New York, or upon the calendar of any circuit court hereafter held in that city and county, may be transferred to such superior court, at any time within two years hereafter, by order made at such general or special term, or circuit court.

§ 14. The superior court of the city of New-York, shall have jurisdiction of any suit, immediately upon the making of such order therein, and may exercise the same powers in respect to such suit and any proceeding therein, as the supreme court might have exercised if the suit had remained in that court.

§ 15. Appeals from the judgments of the superior court in such suits, may be taken to the court of appeals, in the same manner as from the judgments of the superior court, in actions originally commenced therein.

§ 16. A crier shall be appointed by the superior court of the city of New York, and by the court of common pleas for the city and county of New-York respectively, to hold his office during the pleasure of the court. He shall receive a salary to be fixed by the supervisors of the city and county of New York, and paid out of the county treasury.

TITLE VIII.

of the special judge in the city of New-York.

§ 17. There shall be elected in the city of New York, by the electors of that city, at the annual charter election to be held on the second Tuesday of April next, a judicial officer, to be designated as special judge of the city of New-York, who shall be judge of the tribunal of conciliation hereinafter established, and perform such other duties as are or may be prescribed by law.

§ 18. Such judge shall be voted for on a ballot which shall be distinct from any other ballot at the same election, and deposited in a separate box, marked “Special Judge.” The votes shall be canvassed and certified in the same manner as votes for the recorder of the city of New York, and a certificate thereof shall be filed with the secretary of state.

$ 19. Sach judge shall receive an annual salary, payable quarterly, out of the treasury of the city of NewYork, the amount of which, not less than two thousand five hundred dollars, shall be fixed by the board of supervisors of the city and county of New-York, before the first day of May next, and shall not be afterwards increased or diminished.

§ 20. The special judge shall enter upon the duties of his office on the first day of May next, and shall hold his office for four

years

thereafter.

§ 21. He shall have an office in the city hall of the city of New York, to be provided and properly furnished by the board of supervisors of the city and county of New-York. He shall attend at such office at suitable hours for the transaction of the business that may come before him.

$ 22. He may execute any of the powers conferred upon a justice of the supreme court, by the following sections of the code of procedure, viz: 247 to 257, both inclusive; 347 to 350, both inclusive; 354 to 356, both inclusive; and also any of the powers conferred upon a county judge, by the second part of the code of procedure or by this act, to be exercised in actions pending in the supreme court.

$ 23. The special judge may also be appointed referee under the second subdivision of section 202, of the code of procedure, whether named by the plaintiff

or not.

TITLE IX.

Of tribunals of conciliation.

§ 24. There shall be established in each of the counties of this state a tribunal, to be called the court of conciliation for such county.

§ 25. In the city and county of New York, such court shall be held by the special judge of the city of New-York. In every other county, the court shall be held by the county judge.

§ 26. Such court may be held on any judicial day, wherever in his county, the judge may happen to be.

§ 27. Any person claiming to have a cause of action against another, in any of the cases mentioned in section 29 of this act, may serve on him a written notice, mentioning the alleged cause of action, and requiring him to appear before the court of conciliation of the county, where the notice is served, at a specified time, not less than five days from the time of service in relation thereto.

§ 28. Such notice shall be served in the manner prescribed for a summons, by sections, 112, and 113, of the code of procedure.

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