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this act."
Laws of 1847, p. 323, sec. 16. By reference
to the Revised Statutes, it will be seen, that, "the supreme
court shall possess the powers and exercise the jurisdiction
which belonged to the supreme court of the colony of New-
York, with the exceptions, limitations and additions created
and imposed by the constitution and laws of this state"; 2 R.
S., 3d ed., 259, sec. 1; and that "the powers and jurisdiction
of the court of chancery are co-extensive with the powers and
jurisdiction of the court of chancery in England, with the ex-
ceptions, additions and limitations created and imposed by
the constitution and laws of this state." 2 R. S., 3d ed., 234,
sec. 60.

To ascertain what the precise jurisdiction is, it is necessary to recur to the jurisdiction of the courts of Queens' Bench, Common Pleas and Exchequer, in England, on the common law side, and to that of the court of chancery in that country, on the equity side, and to collate with them the various modifications which the constitution and statutes of this state have introduced. The difficulty of this task can only be appreciated by those who have undertaken it; but the necessity of something like a definition respecting it, must be apparent to every one. That which is given in the sections under consideration, is believed by the Commissioners to be both convenient and

accurate.

§ 43. In addition to the jurisdiction conferred by the last two sectiors, this court has the jurisdiction heretofore transferred to it,

1. Of all suits and proceedings now undetermined, and which were pending on the first Monday of July, 1847, in the late supreme court and court of chancery, and in the late courts of common pleas, except in suits originally commenced in justices' courts;

2. To enforce the orders, judgments and decrees of those courts, rendered before that day, or to exercise

such other powers in respect thereto, as it might exercise, if they had been made or rendered by this court.

Conformable to the constitution, art. 14, sec. 5.

§ 44. This court has also jurisdiction of all civil actions now undetermined, and which were pending in the late mayor's court of the city of Rochester on the thirtieth day of April, 1849, and of all proceedings incident to judgments rendered in that court, in those actions, on or before that day.

Conformable to Laws of 1849, p. 435, ch. 203, sec. 5.

§ 45. The state is divided into eight judicial districts, of which the city of New-York is the first, the others being created by special statutes; in each of which there are four judges of this court, and as many more in the first district as may be from time to time authorised by law, but not to exceed in the whole, such number in proportion to its population, as shall be in conformity with the number of such judges in the residue of the state, in proportion to its population.

Conformable to the constitution, art. 6, sec. 4, and to Laws of 1847, p. 268, ch. 241.

§ 46. This court is distributed into general and special terms and circuit courts; the latter of which are in this code denominated circuits.

The distribution prescribed in this section, is in conformity with the existing practice. It is proposed to designate the circuit courts by the name of circuits, as being not only

more convenient, but more in consonance with their powers, which are those of a trial term of the supreme court.

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

1. Of cases now pending in this court for review, in actions or special proceedings commenced therein or brought there from another court, or transferred from the late supreme court or court of chancery, as provided in section 43:

2. Of cases hereafter brought into this court for review, and of appeals from a single judge of this court, as provided in this code:

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

§ 48. The special terms are devoted,

1. To the hearing and determination of applications, upon failure to answer, and upon complaint and answer: 2. To the hearing and determination of all actions or proceedings now pending in this court, except npon an issue of fact or for review:

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

4. To the hearing and determination of motions in those actions or proceedings:

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 all other questions, not assigned to the general terms or circuits, exclusively.

§ 49. The circuits are devoted to the trial,

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

2. Of all other questions of fact, ordered by the court to be tried by a jury.

§ 50. A general term must be held by at least three of the judges and a special term or circuit may be held by one or more of them.

This section is in conformity with the constitution, art. 6, sec. 6.

It will be observed, that in mentioning the members of the supreme court, they are designated as judges, instead of justices, the more common designation in the statutes. We do this, because a uniform mode of designating judicial officers, is convenient. The constitution uses both judge and justice, as applicable to a member of the supreme court. "The state shall be divided into eight judicial districts, of which the city of New-York, shall be one; the others to be bounded by county lines, and to be compact, and equal in population, as nearly as may be. There shall be four justices of the supreme court in each district, and as many more in the district composed of the city of New-York, as may from time to time be authorized by law, but not to exceed in the whole, such (CIVIL CODE.]

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number in proportion to its population, as shall be in conformity with the number of such judges, in the residue of the state, in proportion to its population.”

§ 51. The general and special terms and circuits may be held by the judges elected in any of the judicial districts.

The judges of this court, though elected in districts, possess co-ordinate powers throughout the state. Const. art. 6, sec. 6.

§ 52. One of the judges of the first class elected in each district, unless he be a judge of the court of appeals, or elected or appointed to fill a vacancy, or in either of those events, one of the judges of the second class, must preside at a general term.

By the constitution, art. 6, sec. 6," provision may be made by law, for designating from time to time, one or more of the justices of the supreme court, who is not a judge of the court of appeals, to preside at the general terms of the said court, to be held in the several districts. Any three or more of the said justices, of whom one of the said justices so designated, shall always be one, may hold such general terms." In pursuance of this requirement, the provision contained in this section, was introduced into the judiciary act, Laws of 1847, p. 323, sec. 15.

§ 53. If a presiding judge do not attend, any three of the judges present may, by an order entered upon the minutes, designate one of their number, to preside during the absence of a presiding judge.

Conformable to Laws of 1847, p. 282, ch. 170, sec. 1.

§ 54. The concurrence of a majority of the judges holding a general term, is necessary to pronounce a

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