TITLE V. Of the Superior Court and Court of Common Pleas, in the city of New-York, and the Mayors' and Recorders' Courts in other cities. SECTION 33. Jurisdiction of the Courts named in this title. 34. Court of Common Pleas for New-York has power to review judgments of the Marine and Justices' Courts. 35. General and special terms of the Superior Court and Common 36. By whom held. 44. Expiration of terms and vacancies how filled. 45. Powers of Judges and their salaries. 46. Terms of Superior Court and by whom held. 47. Certain civil suits may be transferred from the Supreme to the Superior Court. 48. Jurisdiction of Superior court in such cases. 49. Judges to hear for two years, suits transferred from Supreme court. 50. Appeal to the Court of Appeals. 51. Section 28 applied to Superior Court. § 33. The jurisdiction of the superior court of the city of New-York, of the court of common pleas for the city and county of New-York, of the mayors' courts of cities, and of the recorders' courts of cities, shall extend to the following actions: 1. To the actions enumerated in section one hundred and twenty-three and one hundred and twenty-four, when the cause of action shall have arisen, or the subject of the action shall be situated, within those cities respectively; 2. To all other actions where all the defendants shall reside, or be personally served with the summons within those cities respectively, except in the case of mayors' and recorders' courts of cities, which courts shall only have jurisdiction where all the defendants shall reside within the cities in which such courts are respectively situated. The supreme court shall have power and authority to remove, by order, into the said supreme court, and the same power and authority to change the place of trial to any other county of this state, of any transitory action pending in said superior court, or court of common pleas for the city and county of New-York, which it would have, had such action been commenced in said supreme court; such order for removal and for change of place of trial shall be made in the supreme court upon motion and on filing a certified copy of such order in the office of the clerk of the said superior court, or of the said court of common pleas, such cause shall be deemed to be removed into the supreme court, which shall proceed therein as if the same had originally been commenced there; and the clerk of either of said courts in which such order shall be filed, shall forthwith deliver to the clerk of the county in which, by such order, the trial is ordered to be had to be filed in his office, all process, pleadings, and proceedings relating to such cause. 3. To actions against corporations, created under the laws of this state, and transacting their general business, or keeping an office for the transaction of business, within those cities, respectively, or established by law therein, or created by or under the laws of any other state, government or country, for the recovery of any debt or damages, whether liquidated or not, arising upon contract made, executed, or delivered within the state, or upon any cause of action arising therein. pleas in York to re ments of marine and justices' courts. § 34. The court of common pleas for the city and county Common of New-York shall also have power to review the judg- in Newments of the marine court of the city of New-York, and of view judg the justices' courts in that city. § 35. The superior court of the city of New-York, and Terms of the court of common pleas, for the city and county of court and New-York, shall within twenty days, appoint general and pleas in special terms of those courts respectively, and prescribe the duration thereof; and they may, from time to time, respectively, alter such appointments; and hereafter no superior common New-York By whom held. Judgments where giv en. Concur-' rence of fees shall be paid for any service of a judge of either of those courts. § 36. A general term shall be held by at least two of the judges of those courts respectively, and a special term by a single judge. § 37. Judgments upon appeal shall be given at the general term; all others, at the special term. § 38. The concurrence of two judges shall be necessary two judges to pronounce a judgment at the general term. If two do not concur, the appeal shall be re-heard.. necessary. Criers, how 39. A crier shall be appointed by the superior court appointed. 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 rehow fixed. ceive a salary to be fixed by the supervisors of the city and county of New-York, and paid out of the county treasury. Salaries, Superior court, of 40. The superior court of the city of New-York shall whom to from the first day of May, one thousand eight hundred and forty-nine, consist of six justices. consist. tices of su court to be elected. Three jus- § 41. Three justices of such superior court, in addition perior to the justices now holding office, shall be elected by the electors of the city and county of New-York, at the annual charter election to be held in that city on the second Tuesday of April, one thousand eight hundred and forty-nine. § 42. Such justices shall be voted for together on one ballot, which shall be distinct from any other ballot at the same election, and deposited in a separate box, marked "superior court." 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. How voted for. sified. How clas- § 43. The justices so elected shall, immediately after the votes are canvassed, be classified by lot, to be publicly 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 offices of each of such justices shall commence on the first day of May one thousand eight hundred and forty-nine, and the term of the justice of the first class shall expire on the thirty-first day of December, one thousand eight hundred and fifty-one; of the justice of the second class, on the thirty-first day of December, one thousand eight hundred and fifty-three; and of the justice of the third class, on the thirty-first day of December, one thousand eight hundred and fifty-five. of terms cies how 44. After the expiration of the terms of office under Expiration such classification, the term of office of all the justices of and vacan the superior court of the city of New-York shall be six filled. years; and any vacancy occurring in the offices created by this title, shall be filled in the manner prescribed for filling vacancies in the offices of the present justices. §45. The justices elected pursuant to this title, subject Powers of judges and to the provisions contained in section forty-nine, shall have their sala ries. 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. superior by whom § 46. A general term of the superior court may be held by Terms of any two of the six justices thereof, and a special term by court, and any one of them; and general and special terms, one or more of them, may be held at the same time. held. vil suits transfered from su § 47. All civil suits at issue at the time of the passage of Certain cithis act, that from and after the first of May, 1849, shall may be be placed upon the calendar of the supreme court at any preme general or special term thereof, to be held in the city of superior New-York, and which shall be in readiness for hearing on court to the court. Juris iction of superior court in questions of law only, or are equity cases, may by an order of that court or of the judge holding such special term be transferred to the said superior court of the city of NewYork, and to be heard at the general terms thereof, hereinafter provided for. § 48. The said superior court shall have jurisdiction of every suit so transferred to it, and may exercise the same such cases. powers in respect to every such suit, and any proceedings therein, as the supreme court might have exercised, if the suit had remained in that court. Judges to to hear for § 49. It shall be the special duty of the three justices to two years be elected under the provisions of this title and of their suits trans ferred from successors, to devote their time and labors, for the term of supreme court. Appeal to court of ap peals. Section 23 two years, from the first of May one thousand eight hundred and forty-nine, to the hearing and determination of the suits transferred from the supreme court and for that purpose they, or any two of them, shall hold a general term of the said superior court, of at least two weeks in duration, in each month of the year, except the month of August. § 50. 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. § 51. The provisions of section twenty-eight of this act, superior shall apply to the said superior court. applied to court. |