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PART III.

Additional terms, when and how appointed.

shall be the duty of the justice or justices so assigned to preside at or hold the terms of such courts so appointed.

S2. Whenever it shall be represented to the governor that the interests of the public or of suitors require the holding in any county of any general or special term of the supreme court or of any term of the circuit court or court of oyer and terminer in addition to those appointed by the supreme court, it shall be the duty of the governor, secretary of state and comptroller, if they shall be of the opinion that the interests of the public or of suitors require the holding of any such additional term in such county, to appoint the same and to designate a justice or justices of the supreme court to preside at or hold the term so appointed, whose duty it shall be to preside at or hold the same.

filed with

clerk of

court of appeals.

Order to be $ 3. Whenever any term of any court shall be appointed pursuant to the provisions of this act, the order appointing the same shall be filed with the clerk of the court of appeals and shall be published in the newspaper printed in Albany in which legal notices are required to be published, four weeks successively.

CHAP. 185.

AN ACT in relation to proceedings pending before the late circuit judges.

PASSED April 5, 1848.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Appeals made to

circuit judges to be heard

$1. The supreme court organized by the act entitled "An act in relation to the judiciary," passed May 12, 1847, shall have jurisdiction of, and are hereby empowered to hear and and deter determine, all appeals taken from any decision made by any

mined.

surrogate, in relation to the probate of any will of real or personal estate, or both, to any of the late circuit judges. And the said supreme court shall possess the same powers, and exercise the same jurisdiction over such appeals, as were conferred by law upon any of the late circuit judges; and may make such orders in all appeals heretofore made from such decisions by surrogates, which were before any of the late circuit judges, as shall be just.

CHAP. 30.

AN ACT to vest certain special powers in the justices of the supreme court heretofore vested in the vice-chancellors of the state.

PASSED February 7, 1849.

The People of the State of New York, represented in Senate aad Assembly, do enact as follows:

CHAP. 333.

AN ACT in relation to the court of appeals.

PASSED April 10, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

supreme

S1. Any special powers and jurisdiction heretofore vested Certain and existing in any vice-chancellor or judge of the supreme vested in court, in any particular district or circuit prior to the first Justice of Monday of July, eighteen hundred and forty-seven, shall be, court. and are hereby transferred to, and vested in any justice of the supreme court, elected for such district or districts, subject to an appeal to the supreme court: Provided, that nothing in this act shall be held to limit or abridge the powers and jurisdiction of the supreme court, as defined by the Code of Procedure as now adopted.

CHAP. I.

each year.

S1. There shall be at least five terms of the court of Terms in appeals in each year, to be held at such times and places as the court shall appoint, and continued as long as the public interests may require.

held.

$ 2. The court may be held at a different place in the same Where city or town from that at which it is appointed to be held, and the court may, in its discretion, adjourn any term from the city or town where it is appointed to be held, to any other city or town.

$ 3. Any one or more of the judges may adjourn the court Adjourn with the like effect as though all were present.

ment.

S4. The ninth section of the "Act in relation to the judi- Repeal. ciary," passed May 12, 1847, and the thirteenth section of the Code of Procedure, are hereby repealed.

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PART III

Governor to designate justices to hold courts

in certain cases.

CHAP. 1.

AN ACT authorizing the governor to designate a justice or justices of the supreme court to hold the circuit court, and the courts of oyer and terminer, in certain cases.

PASSED January 28, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. Whenever, from any cause, any general or special term of the supreme court, or any circuit court, or court of oyer and terminer, duly appointed, shall be in danger of failing, it shall be the duty of the governor to designate some justice or justices of said supreme court, who shall hold said courts respectively.

CHAP. 15.

AN ACT for the relief of suitors in the supreme court, in certain cases.

PASSED February 15, 1850.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Causes

district.

$1. Whenever an action in the supreme court can not be in another brought to argument and decision in the district where the same is pending, by reason of the justices of such district, or any of them, having been employed as counsel, or being interested therein, or of kin to the parties or any of them, the court may, upon special motion, order such action to be brought to argument in any adjoining district to be specified in such order, and then such cause shall be heard and decided in such district.

CHAP. 41.

AN ACT in relation to the Court of Appeals.
PASSED March 2, 1850.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. Whenever any judge of the court of appeals, being a governor to justice of the supreme court, shall be absent from the court,

In case of absence,

designate a

judge. or there shall be a reason to believe that he will not attend, the governor shall designate some justice of the supreme court, from the class of justices having the shortest time to

serve, to supply the place of such absent judge; and such justice shall attend and be a judge of the court of appeals, until such absent judge, or some one duly qualified to take his place, shall attend the court.

CHAP. 163.

AN ACT in relation to the powers of the late Court of
Chancery and Supreme Court in Equity in certain

cases.

Statutes not

$ 2. The last clause of section two, title one, chapter three Revised of the third part of the Revised Statutes shall not apply to to apply. any judge of the court of appeals.

PASSED April 12, 1851.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAP. I.

assignment

S1. No person who has heretofore executed any assign- Assignor ment of any interest in any real estate to any receiver, in impeach pursuance of an order of the late court of chancery, or to receiver. supreme court in equity, his heirs or assigns, nor any person claiming by, from, or under them or any of them, shall be permitted to question the validity of such assignment to said Receiver or any sale or conveyance made by him of the assigned property by reason of the want of any power or authority in either of those courts to make such order or to direct such sale and conveyance providing said courts shall have acquired jurisdiction of the persons and subject matter of the suit, and shall have proceeded according to the rules and practice of said courts.

CHAP. 374.

AN ACT in relation to the Supreme Court of the first
Judicial district.

ex

S2. This act shall not affect any suit or proceeding now Not to pending in regard to any such assigned property, nor the title isting suits. thereto of any purchaser in good faith for a valuable consideration.

PASSED April 16, 1852; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

addition to

S1. In addition to the circuit courts now authorized by sittings in law to be held in the city and county of New York, sittings courts now for the trial of all issues of facts triable by a jury, may from held. time to time be held in said city and county, at such times as the chief judge of the court of appeals may from time to time appoint.

síttings

$2. It shall be the duty of the chief judge of the court of thing appeals, whenever applied to for that purpose by the presiding justice in the first district, to appoint so many of said sittings in any one year as he may deem necessary, to assign some justice of the supreme court to hold the same, and to designate the class of business which shall be noticed for and triable at said sittings; and it shall be the duty of the justice so appointed to hold the said sitting as herein provided for.

$3. All the statutes now in force in reference to circuit courts in the city and county of New York, or elsewhere, not inconsistent with this act, shall be applicable to the sitting herein provided for.

Chief judge to assign some jus

S4. It shall be competent for the said chief judge, whenever applied to for that purpose by any one of the justices of tice to sit. the supreme court, elected in the first district, to assign some

justice of that court to sit in the general or special terms in said district.

PART IIL

Chief judge

Statutes to be applicable.

Several circuits

may be sit same time,

ting at the

$5. It shall be lawful for several circuits to be sitting at the same time in the city and county of New York, and for one or more circuits, and the sittings to be held at the same time.

$ 6. It shall be lawful for the board of supervisors of said tax to pay county to raise by tax upon said county and pay to the jus

A sum may be raised by

expenses.

tices, so as aforesaid assigned to hold any of said courts therein, such sum for expenses incurred thereby as may be proper and necessary.

To pay extra to

supreme court.

$7. It shall be lawful for the said board of supervisors to justices of raise by tax upon said county and pay to the justices of the supreme court, resident in the first district, such additional annual compensation as they may deem proper.

Justice of supreme

S8. There shall be elected in the city and county of New court to be York, at the next general election, and thenceforward at

elected for 8 years.

every eighth successive general election, a justice of the supreme court, who shall hold office for eight years; such justice shall enter upon the discharge of the duties of his office on the first day of January succeeding each election. All the provisions of law relating to justices of the supreme court of the first judicial district, and to the mode of their election shall apply to said justice and to the mode of his election.

CHAP. 421.

AN ACT to authorize the enrollment of decrees of the late court of chancery.

PASSED June 18, 1853.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

Order for

$1. The court of appeals, or any judge thereof, in term or enrollment. vacation, shall have power, upon satisfactory proof that any

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