to places those § 16. The court of appeals may be held in other buildings than Court ma y those designated by law as places for holding courts, and at a dif- be adjourned ferent place in the same city or town from that at which it is ap- other than pointed to be held, and may, in its discretion, adjourn any term designated from the city or town where it is appointed to be held, to any by law. other city or town. Any one or more of the judges may adjourn the court, with the like effect as if all were present. TITLE III. Of the Supreme Court, Circuit Courts, and Courts of Oyer and Terminer. SECTION 17. Existing statutory provisions, as to terms and business of the courts repealed; and order of supreme court fixing the terms, &c. abrogated. 18. General terms prescribed. 19. Number of judges to give judgment. 20. Special terms, circuit courts, and courts of oyer and terminer, prescribed. 21. Circuit courts and oyer and terminer held together. 22. Designation of times and places of holding courts; how made. provisions as the courts re preme court ted. § 17. All statutes, now in force, providing for the designation Existing of the times and places of holding the general and special terms of statutory the supreme court, and the circuit courts and courts of oyer and to terms and terminer, and of the judges who shall hold the same, are repealed, business of from and after the first day of July, one thousand eight hundred peald and orand forty-eight; and the order of the supreme court, adopted Ju- der of suly fourteen, one thousand eight hundred and forty-seven, prescrib- fixing terms, ing the times and places of holding the general and special terms &c. abrogaof the court, and the circuit courts and courts of oyer and terminer, during the residue of the year one thousand eight hundred and forty-seven, and for the years one thousand eight hundred and forty-eight and one thousand eight hundred and forty-nine, and assigning the business and duties thereof to the several judges of the court, is, from and after the first day of July, one thousand eight hundred and forty-eight, abrogated; and the provisions of this title are substituted in place thereof. scribed. § 18. At least four general terms of the supreme court shall be General held annually in each judicial district, and as many more as the terms prejudges in such district shall appoint, at such times and places as a majority of the judges of such district shall appoint. $ 19. The concurrence of a majority of the judges holding general term, shall be necessary to pronounce a judgment. majority do not concur, the case shall be re-heard. a Number of judges to If a give judg ment. Special terms, cir cuit courts oyer and § 20. There shall be at least two terms of the circuit court and court of oyer and terminer held annually in each of the counties and courts of of this state, and as many more terms thereof, and as many speterminer pre- cial terms as the judges of each judicial district shall appoint therein, but at least one special term shall be held annually in each of said counties. Fulton and Hamilton shall be considered one county for the purposes of this section. scribed. Circuit courts and courts of oyer and terminer held togeth er. Designation places of holding courts how made. § 21. Circuit courts, and courts of oyer and terminer, shall be held at the same places, and commenced on the same day. § 22. The governor shall, on or before the first day of May one of times and thousand eight hundred and forty-eight, by appointment in writing, designate the times and places of holding the general and special terms, circuit courts, and courts of oyer and terminer, and the judges by whom they shall be held; which appointment shall take effect on the first day of July thereafter, and shall continue until the thirty-first day of December, one thousand eight hundred and forty-nine. The judges of the supreme court of each district, shall in like manner, at least one month before the expiration of that time, appoint the times and places of holding those courts for two years, commencing on the first day of January, one Extraordina-thousand eight hundred and fifty, and so on, for every two sucry general ceeding years, in their respective districts. terms, and oyer and terminer, ed. Places of holding the § 23. The governor may also appoint extraordinary general and special terms, circuit courts, and courts of oyer and terminer how appoint- whenever, in his judgment, the public good shall require it. § 24. The places appointed within the several counties, for holding the general and special terms, circuit courts and courts of oyer and terminer, shall be those designated by statute for holding county or circuit courts. If a room for holding the court in such place shall not be provided by the supervisors, it may be held in any room provided for that purpose, by the sheriff, as prescribed by section twenty-eight. courts. Publication ment there of. § 25. Every appointment so made, shall be immediately transof appoint- mitted to the secretary of state, who shall cause it to be published in the newspaper, printed at Albany, in which legal notices are required to be inserted, at least once in each week, for three weeks before the holding of any court in pursuance thereof. The expense of the publication shall be paid out of the treasury of the state. § 26. In case of the inability, for any cause, of a judge assignWhen judges not assigned ed for that purpose, to hold a special term or circuit court, or sit at a general term, or preside at a court of oyer and terminer, any other judge may do so. may hold the courts. Duties of business out § 27. The judges shall at all reasonable times, when not enjudges as to gaged in holding court, transact such other business as may be of court. done out of court. Every proceeding commenced before one of the judges, in the first judicial district, may be continued before another, with the same effect as if commenced before him. &c. how furnished, 28. The supervisors of the several counties shall provide the Rooms, fuel, courts appointed to be held therein with rooms, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of their business. If the supervisors neglect, the court may order the sheriff to do so; and the expense incurred by him in carrying the order into effect, when certified by the court, shall be a county charge. TITLE IV. Of the County Courts. SECTION 29. Repeal of existing statutes, defining their jurisdiction. 30. Their jurisdiction. 31. General terms, when held. Notice to be published. 32. Jurors, how drawn and summoned. isting stat § 29. All statutes now in force, conferring or defining the juris- Repeal of exdiction of the county courts, so far as they conflict with this act, utes defining are repealed; and those courts shall have no other jurisdiction their juristhan that provided in the next section. But the repeal contained in this section shall not affect any proceedings now pending in those courts. diction. § 30. The county courts shall have jurisdiction in the following Their jurisactions and proceedings: 1. The exclusive power to review, in the first instance, a judgment rendered in a civil action within their respective counties, by a court of a justice of the peace, or by the justices' courts in cities; 2. For the foreclosure or satisfaction of a mortgage, and the sale of mortgaged premises situated within the county; 3. For the partition of real property situated within the county; 4. For the admeasurement of dower in real property situated within the county; 5. For the sale of the real property of an infant, when the property is situated within the county; 6. To compel a specific performance by an infant heir, or other person, of a contract made by a party who shall have died before the performance thereof. 7. For the care and custody of the person and estate of a lunatic or person of unsound mind, or an habitual drunkard residing within the county; 8. For the mortgage or sale, on the appplication of a religious corporation, of its real property situated within the county, and the appropriation of the proceeds thereof; 9. To revive judgments entered in the late courts of common pleas in their respective counties, and to exercise the power and authority heretofore vested in such courts of common pleas, over judgments rendered by justices of the peace, transcripts of which have been filed in the offices of the county clerks in such counties. diction. General terms when held. published. 10. In cases in which jurisdiction was vested by the Revised Statutes, in the late courts of common pleas, under the provisions relating to attachments against absconding, concealed or non-resident debtors; to voluntary assignments, made pursuant to the application of an insolvent and his creditors; to voluntary assignments by persons imprisoned on execution in civil cases, and the licencing and regulation of ferries, and the regulation of fisheries in their respective counties until the first day of January, 1850. 11. To remit fines and forfeited recognizances, in the same cases and in like manner as such power was given by law to courts of common pleas. § 31. At least two general terms of each county court, and as many more as the county judge shall appoint, for the final hearing Notice to be of actions or proceedings pending therein, shall be held in each year at the places in the counties respectively designated by statute for holding county or circuit courts, on such days as the county judge shall from time to time appoint, and may continue as long as the court deem necessary. Notice of such appointment shall be published in the state paper at least four weeks before any such term, and also in a newspaper, if any, printed in the county; so many of such terms as the county judge shall designate for that purpose, in such notice, may be held for the trial of issues of law, and hearing and decision of motions and other proceedings at which no jury shall be required to attend. Jurors how § 32. Jurors for the county courts and courts of sessions shall drawn and be drawn from the jury box of the county, and summoned in the same manner as for the trial of issues at a circuit court. summoned. 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. 34. Jurisdiction of the Courts named in this title. 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 Pleas to be appointed. 36. By whom held. 37. Judgments where given. 38. Concurrence of two judges necessary. 39. Criers, how appointed. Salaries, how fixed. 40. Superior Court, of whom to consist. 41. Three justices of Superior Court to be elected. 42. How voted for. 43. How classified. 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 the 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- Their jurisYork, of the court of common pleas for the city and county of diction. 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 for 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. Court in marine and courts. § 34. The court of common pleas for the city and county of to review New-York shall also have power to review the judgments of the judgments of marine court of the city of New-York, and of the justices' courts justices" in that city. § 35. The superior court of the city of New-York, and the Terms of sucourt of common pleas, for the city and county of New-York, perior court shall, within twenty days, appoint general and special terms of pleas in those courts respectively, and prescribe the duration thereof; and they may, from time to time, respectively, alter such appointments; and hereafter no fee shall be paid for any service of a judge of either of those courts. and common New-York. |