5. For the recovery of a penalty or forfeiture ímposed by statute: 6. Against a public officer or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who, by his command or in his aid, does anything touching the duties of the office: 7. For the sale of the real property of an infant : 8. For the mortgage or sale, on the application of a religious corporation, of its real property situated in those cities respectively, and the appropriation of the proceeds thereof: 9. To exercise the powers conferred upon it, by other provisions of this code. This is substantially the same jurisdiction within the city as is conferred upon the county court within the county. $142. These courts have civil jurisdiction, also whether the cause of action arises, or the subject of the action is situated in the city in which the court is established or not, in the same cases in which jurisdiction is conferred by section 68, upon the superior court of the city of New-York. applying that provision to the city in which the court is established. § 143. When organized as provided in section 148, for the purpose of exercising criminal jurisdiction, these courts have jurisdiction: 1. To inquire by the intervention of a grand jury, of all public offences committed in the city in which the court is established: 2. To try and determine an indictment found there in, or sent thereto by the court of oyer and terminer of the county, for a public offence not punishable with death, committed in that city. § 144. When an indictment is found at a city court, for an offence punishable with death, the court must send the indictment to the next court of oyer and terminer of the county. § 145. 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. § 146. When an indictment is found at a court of oyer and terminer or of sessions, in a county embracing any of the cities in which a city court is established, for an offence not punishable with death, committed in that city, the court in which it was found may send it to the next city court in which it is triable, which must proceed to try and determine the indictment, as if it had been found therein. § 147. These courts must be held, for the exercise of their civil jurisdiction, by the following judges: 1. The city courts of the cities of Albany, Buffalo, Hudson, Oswego; Troy and Utica, by the recorders of those cities: 2. The city court of the city of Brooklyn, by the city judge of that city. § 148. They must be held, for the exercise of their criminal jurisdiction, by the respective officers mentioned in the last section, as presiding judge, together with two of the aldermen of the city, designated as the common council may by ordinance prescribe. § 149. If the judge authorised to hold or preside at a city court for the exercise of either its civil or criminal jurisdiction, be disqualified from holding the court, as provided in section 188, he must, upon the request of either party, file with the county clerk a certificate, stating the fact constituting the disqualification and directing that the action or proceeding, if civil, be transferred to the supreme court, or if criminal, to the court of oyer and terminer of the county, and it must be transferred accordingly. If he refuse to do so, the supreme court, at a special term in the district, or a judge thereof, may, upon motion after due notice, order the transfer to be made. § 150. The times and places of holding the city courts, shall continue as at present prescribed, until the thirtyfirst day of December, 1850, inclusive, and no longer. § 151. After that time, a term of each of these courts, for the trial of issues and for the hearing and determination of all matters appertaining to its civil or criminal jurisdiction, must be held, at such times and places in their respective cities as the common conncil thereof may by ordinance prescribe, and must be continued as long as the public interests require. The court is always open for the transaction of any other business. CHAPTER XII. THE JUSTICES' COURTS. ARTICLE I. The justices' courts, in general. II. The justices' courts, held by justices of the peace. III. The justices' courts of the cities of Albany, Hudson and Troy. This chapter embraces a new arrangement of the justices' courts, assimilating their names as well as their jurisdiction. The jurisdiction of these courts is rendered uniform, and with the exception of taking from them the power to try actions upon promises to marry, it is substantially the same as in the existing code. Their organization, which is scattered through various statutes, and is very anomalous in its character, while preserved to the extent rendered necessary, is made as uniform as possible. ARTICLE I. THE JUSTICES' COURTS, IN GENERAL. SECTION 152. Justices' courts continued. Their names. 153-155. Their jurisdiction. § 152. The courts known as the courts of justices of the peace, the justices' courts of the cities of Albany, Hudson and Troy, and the justices' courts of the several justices' districts in the city of New-York, are continued, with the jurisdiction conferred by the next three sections, and no other, and are in this code denominated justices' courts. But nothing contained in this section affects their jurisdiction in actions or proceedings now pending therein, nor does it affect any judgment or order already made, or proceeding already taken. § 153. These courts have jurisdiction of the following actions and proceedings: 1. Of an action arising on contract, for the recovery of money only, if the sum claimed do not exceed one hundred dollars: 2. Of an action for damages for an injury to the person, or to real property, or for taking, detaining, or injuring personal property, if the damages claimed do not exceed one hundred dollars: 3. Of an action for a penalty, not exceeding one hundred dollars, given by statute: 4. Of an action upon a bond, conditioned for the payment of money, not exceeding one hundred dollars, though the penalty exceed that sum: the judgment to |