Monday of July, 1847, of all indictments and proceedings similar to those mentioned in the last section, which were then pending in the late courts of general sessions of the peace.

§ 127. When an indictment is found in one of these courts, for an offence punishable with death, the court must send it to the court of oyer and terminer of the county.

§128. These courts may also send an indictment, found therein and remaining undetermined, for an of fence not punishable with death, to the next court of oyer and terminer of the same county, to be determined according to law; but that court, if in its opinion the same is not proper to be tried therein, may remit it back to the court by which it was sent, which must proceed thereon as if it had remained there.

§ 129. These courts must be held by the county judge, together with two justices of the sessions, designated as provided by other statutes. If the justices of the sessions, or either of them, be absent at a term of a court of sessions, or the office of those justices, or either of them, be vacant, the county judge 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.

130. These courts must be held at the same place, and commence on the same day, as the terms of the [CIVIL CODE.]

5

county courts in their respective counties, and must be

continued as long as the public interests require.

ATICLE III.

THE COURT OF SESSIONS OF THE CITY OF NEW-YORK.

SECTION 131. This court continued, and name changed.

132. Its jurisdiction.

133. Indictments for offences punishable with death, to be sent to oyer and terminer.

134, 135. By whom held.

136. When held, and its duration. Concurrent terms.

137. When term may be extended.

138. Where held.

§ 131. The court known as the court of general sessions in and for the city and county of New-York, is continued, with the jurisdiction conferred by the next two sections, and no other, and is denominated the court of sessions of the city of New-York. But nothing contained 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.

§ 132. This court has jurisdiction,

1. To inquire, by the intervention of a grand jury, of all public offences committed or triable in the city and county of New-York:

2. To try and determine any indictment found therein, or sent thereto by the court of oyer and terminer of the city and county of New-York, for a public offence not punishable with death:

3. To remove police justices and justices of the justices' courts of the city of New-York, and their clerks, after due notice and an opportunity of being heard in their defence, for causes to be stated in the order of removal:

4. In cases arising in the city and county of NewYork, such as are enumerated in subdivisions 4 to 11, both inclusive, of section 125.

§ 133. When an indictment is found in this court, for an offence punishable with death, it must be sent to the next court of oyer and terminer of the city and county of New-York.

§ 134. This court must be held, except as provided in the next section, by the recorder or city judge of the city of New-York, or by one of the judges of the court of common pleas of that city, as the presiding judge, together with two of the aldermen of the city, designated, as the common council may by ordinance prescribe. But it is the especial duty of the recorder or city judge to hold the court and preside therein.

§ 135. When the court is convened for the purpose of exercising the jurisdiction conferred by the third subdivision of section 125, it must be held by the recorder or city judge of the city of New-York, and at least one of the judges of the court of common pleas of that city, together with the mayor and aldermen thereof, or a majority of those officers then in office.

§ 136. The court must be held on the first Monday of each month, and may be continued until the fourth Saturday thereafter, inclusive. Concurrent terms may also be held as often as the recorder and city judge may from time to time prescribe, by an order filed with the clerk.

§ 137. If the trial of a cause be commenced before the expiration of the term, the court may be continued beyond the term, till the completion of the trial, and the rendering of judgment on the verdict.

§ 138. This court must be held at such place in the city of New-York, as now is or hereafter may be prescribed, by ordinance, by the common council of that city.

CHAPTER XI.

THE CITY COURTS.

SECTION 139. These courts continued, and name changed.

140. The kinds of their jurisdiction.

141, 142. Their civil jurisdiction.

143. Their criminal jurisdiction.

144. Indictment for offences punishable with death, to be sent to oyer

and terminer.

145. Other indictments may be sent to oyer and terminer.

146. When indictment found in sessions may be sent to city court.

147. By whom held, when exercising civil jurisdiction.

148. By whom held, when exercising criminal jurisdiction.

149. When judge unable to hold or preside at court, or disqualified
cause how and to what court transferred.

150. Terms now prescribed, to continue till December 31, 1850.
151. Appointment of terms thereafter, by whom and how made.

139. The courts known as the mayors' courts of the cities of Albany, Hudson and Troy, the recorders' courts of the cities of Buffalo, Utica and Oswego, and the

city court of Brooklyn, are continued, with the jurisdiction conferred upon them by the next seven sections and no other; and shall be hereafter known as the city courts of those cities respectively. But nothing contained in this section affects their jurisdiction of actions or proceedings now pending therein, nor does it affect any judgment or order already made or proceeding already taken.

§ 140. The jurisdiction of these courts is of two kinds:

1. Civil: and

2. Criminal.

§ 141. Their civil jurisdiction extends to the following actions and proceedings, where the cause thereof arises or the subject thereof is situated in the city in which the court is established:

1. For the recovery of real property or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property:

2. For the partition of real property:

3. For the foreclosure of the mortgage of real property:

4. For the recovery of personal property distrained for any cause: