2. Of appeals now pending therein or hereafter brought for the review of judgments of the marine court of the city of New-York, or of the justices' courts in that city: 3. Of controversies submitted without action, as provided in this code. 4. Of questions incidental to the hearing and determination of the cases mentioned in this section: 5. Of issues of law and motions for new trials in suits pending in this court, on the first day of July, 1848: § 93. 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 trial of issues of law, now pending or hereafter joined, in actions or proceedings commenced in this court: 3. To the hearing and determination of motions in those actions or proceedings: 4. To the hearing and determination of applications for judgment upon special verdicts: 5. To the hearing and determination of cases reserved for argument or further consideration. 6. To all other questions not assigned to the general or trial terms exclusively. § 94. 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, ordered by this court to be tried by a jury. § 95. The general terms must be held by at least two, and the special and trial terms by one only, of the judges. § 96. 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. § 97. 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. § 98. 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. § 99. The general, special and trial terms must be held at the city hall in the city of New-York. § 100. 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. § 101. At least thirty days before the first day of January, 1851, the court must 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 VII. THE COURTS OF OYER AND TERMINER. SECTION 102. Court of oyer and terminer in each county. 106, 107. By whom held. 108. When and where held, and duration thereof. The provisions of this chapter, are explained in the Code of Criminal Procedure, p. 14—19. § 102. There is in each of the counties of this state, (except, that for this purpose, Fulton and Hamilton are deemed one county,) a court, denominated the court of oyer and terminer, with the jurisdiction conferred by the next three sections, and no other. But nothing contained in this section, affects its jurisdiction in actions or proceedings now pending therein: nor does it affect any judgment or order already made, or proceeding already taken. § 103. The court of oyer and terminer has jurisdiction, 1. To inquire, by the intervention of a grand jury, of all public offences committed or triable in the county: 2. To try and determine any indictment found therein, or which may have been found at the court of sessions of the county, or at a city court within the county, for an offence punishable with death: 3. To try and determine any indictment which may have been found at any of the courts mentioned in the second subdivision of this section, for an offence not punishable with death, and which may be sent or removed to the court of oyer and terminer, if in the opinion of that court, it be proper to be tried therein. 4. To send any indictment found therein, for an of fence not punishable with death, or to send back any indictment which may have been sent or removed to that court, to the court of sessions of the county, or a city court therein, when in the opinion of the court of oyer and terminer, the same should not be tried in that court. 5. To inquire into the cause of the detention of persons imprisoned in the jail of the county, and make an order for their re-commitment or discharge, or otherwise, according to law: 6. To exercise the powers conferred upon it, by the code of criminal procedure. § 104. In addition to the jurisdiction conferred by the last section, jurisdiction was transferred to the courts of oyer and terminer in their respective counties, on the first Monday of July, 1847, of all indictments and proceedings then pending in the late courts of oyer and terminer; and also of all indictments and proceedings then pending in the late courts of general sessions of the peace, except in the city of New-York, and except in cases of which the courts of sessions may take cognizance as provided in section 125. Const., art 14, sec. 5. § 105. Jurisdiction was likewise transferred to this court, in the county of Monroe, on the thirtieth day of April, 1849, of all criminal actions and proceedings then pending in the late mayor's court of the city of Rochester, and of all proceedings incident to judgments rendered in that court in those actions and proceedings, on or before that day. § 106. This court, (except in the city and county of New-York,) must be held by a judge of the supreme court, as the presiding judge, together with the county judge, and two justices of the sessions designated, as prescribed by other statutes, or by any two of those officers. If the justices of the sessions, or either of them, be absent at a term of the court of oyer and terminer, or the office of those justices or either of them be vacant, the county jndge may supply the vacancy or deficiency for the term, by designating the requisite number to form the court, from the justices of the peace of the county. |