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CHAP. XI.

appeals, to the supreme court, to county courts, and to the superior court of the city of New York.

19 B., 666; 8 Ab., 273; 4 Ab., 44; 3 Ab., 108, 136; 1 Ab., 123.

1

PART I.

OF THE COURTS OF JUSTICE, AND THEIR JURISDICTION.
TITLE I. Of the Courts in general.

II. Of the Court of Appeals.
III. Of the Supreme Court; Circuit Courts; and Courts of

Oyer and Terminer.
IV. Of the County Courts.
.

.
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.
VI. Of the Courts of Justices of the Peace.
VII. Of Justices and other inferior Courts in cities.

TITLE I.

OF THE COURTS IN GENERAL.

courts of

Sec. 9. The sereral courts of this state.

10. Their jurisdiction generally.

9. The following are the courts of justice of this state: The several 1. The court for the trial of impeachments.

this state. 2. The court of appeals. 3. The supreme court. 4. The circuit courts. 5. The courts of oyer and terminer. 6. The county courts. 7. The courts of sessions. 8. The courts of special sessions. 9. The surrogates' courts. 10. The courts of justices of the peace. 11. The superior court of the city of New York.

12. The court of common pleas for the city and county of New York.

13. The mayors' courts of cities.
14. The recorders' courts of cities.
15. The marine court of the city of New York.
16. The justices' courts in the city of New York.
17. The justices' courts of cities.
18. The police courts.

11 B., 472; 8 Ab., 273. 10. These courts shall continue to exercise the jurisdic- Their juris

diction tion pow vested in them respectively, except as otherwise

generally. prescribed by this act.

26 B., 223; 1 Ab, 113.

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OF THE COURT OF APPEALS.
SEC. 11. Its jurisdiction.

12. May reverse, afirm or modify judgment or order appealed from.
13. Terms of the court. Preference of causes.
14. Number of judges who may give judgment.
15. Sheriffs to provide rooms, &c., for court.

16. Court may be adjourned to places other than those designated by law. Cases in $ 11. The court of appeals shall have exclusive jurisdiction which court of appeals to review upon appeal every, actual determination hereafter shall exclusive

made at a general term by the supreme court, or by the supejurisdiction rior court of the city of New York, or the court of common

pleas for the city and county of New York, or the superior court of the city of Buffalo, in the following cases, and no other:

1. In a judgment in an action commenced therein, or brought there from another court; and upon the appeal from such judgment, to review any intermediate order involving the merits, and necessarily affecting the judgment.

2. In an order affecting a substantial right, made in such action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken and when such order grants or refuses a new trial; but no appeal to the court of appeals, from an order granting a new trial, shall be effectual for any purpose, unless the notice of appeal contaiu an assent on the part of the appellant, that if the order be affirmed, judgment absolute shall be rendered against the appellant. Upon every appeal from an order granting a new trial, if the court of appeals shall determine that no error was committed in granting the new trial, they shall render judgment absolute upon the right of the appellant; and after the proceedings are remitted to the court from which the appeal was taken, any assessment of damages or other proceeding to render the judgment effectual, may be there had, in cases where such subsequent proceedings are requisite.

3. In a final order affecting a substantial right made in a special proceeding, or upon a summary application, in an action after judgment.

But such appeal shall not be allowed in an action originally commenced in a court of a justice of the peace, or in the marine court of the city of New York, or in an assistant justice's court of that city, or in a justice's court of any of the cities of this state, unless any such general term shall, by order duly entered, allow such appeal before the end of the next term after which such judgment was entered. The foregoing prohibition shall not extend to actions discontinued before a justice of the peace, and prosecuted in another court, pursuant to section sixty and sixty-eight of this Code.

Amended by Laws of 1851, ch. 479; 1852, ch. 392; 1857, ch. 723;

1862, ch. 460. 22 N. Y., 320; 20 N. Y., 527; 19 N. Y., 211, 532; 18 N. Y., 232, 488;

CHAP, XI.

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1

Verse or

the court.

17 N. Y., 161; 16 N. Y., 244, 296, 611; 15 N. Y., 594; 12 N. Y.,
34; 11 N. Y., 55, 275, 277; 6 N. Y., 465; 4 N. Y., 417; 2 N. Y., 188,
567; 1 N. Y., 424; 27 B., 633; 22 B., 276, 503; 8 B., 353; B.,
582; 20 How. P. R., 7, 18 How. P. R., 533; 16 How. P. R., 567;
9 How. P. R., 95; 8 How. P. R., 328; 6 How. P. R., 280, 320; 5
How. P. R., 199; 4 How. P. R., 78, 140, 215, 364; 3 How. P. R.,
334, 364, 417, 418, 419, 420, 425, 426; 13 Ab., 183; 12 Ab., 120;

11 Ab., 16, 328; 9 Ab., 174; 6 Ab., 127; 4 Ab., 108; 3 Ab. 58. $ 12. The court of appeals may reverse, affirm or modify May rothe judgment or order appealed from, in whole or in part, modify

judgment and as to any or all of the parties; and its judgment shall be or order remitted to the court below, to be enforced according to law. Appealed

26 B., 223; 17 How. P. R., 394; 10 How. P. R., 371; 4 How. P. R., 184;

1 Ab., 263. $ 13. There shall be four terms of the court of appeals, in Terms of each year, to be held at the capitol in the city of Albany, on the first Tuesday of January, the fourth Tuesday of March, the third Tuesday of June, and the last Tuesday of September, and continued for as long a period as the public interests may require. But the judges of the said court may, in their discretion, appoint one of said terms in each year to be held in the city of New York.

Additional terms shall be appointed and held at the same place by the court, when the public interest requires it. The court may, by general rules, provide what causes shall have a preference on the calendar.

On a second and each subsequent appeal to the court of appeals, or when an appeal has once been dismissed for defect or irregularity, the cause shall be placed upon the calendar as of the time of filing the return on the first appeal.

Amended by Laws of 1851, ch. 479; 1852, ch. 392; 1858, ch. 306; 1859,

ch. 428; 1862, ch. 460; 1863, ch. 392. $ 14. The concurrence of five judges is necessary to pro- Namber de

judges who nounce a judgment. If five do not concur, the case must be may give reheard. But no more than two rehearings shall be had, and judgment. if, on the second rehearing, five judges do not concur, the judgment shall be affirmed.

As amended by Laws of 1851, ch. 479.

3 N. Y., 376, 556. S 15. If at a term of the court of appeals, proper and con- Sheriffs to venient rooms, both for the consultation of the judges and rooms, &c., the holding of the court, with furniture, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of its business, be not provided for it, in the place where by law the court may be held, the court may order the sheriff of the county to make such provision, and the expense incurred by him in carrying the order into effect, shall be a county charge.

14 N. Y., 580. $ 16. The court of appeals may be held in other buildings Court may than those designated by law as places for holding courts, ed to places

be adjournand at a different place in the same city from that at which it

for court.

other than

PART III. those designated by law.

is appointed to be held. Any one or more of the judges may adjourn the court, with the like effect as if all were present.

As amended by Laws of 1851, ch. 479.

TITLE III.

courts re

OF THE SUPREME COURT, CIRCUIT COURTS, AND COURTS OF

OYER AND TERMINER.
SEC. 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.
23 Extraordinary general and special terms, and oyer and terminer; how appointed.
24. Places of holding the courts.
25. Publication of appointment thereof.
26. When judges not assigned may hold the courts.
27. Duties of judges as to business out of court.

28. Rooms, fuel, &c.; how furnished. Existing $ 17. All statutes, now in force, providing for the designaftatutory provisions

tion of the times and places of holding the general and as to terms special terms of the supreme court, and the circuit courts, Denstof the and courts of oyer and terminer, and of the judges who shall pealed and hold the same, are repealed, from and after the first day of preme court July, one thousand eight hundred and forty-eight; and the dering terme order of the supreme court, adopted July fourteen, one thou&c., abrogated.

sand eight hundred forty-seven, prescribing the times and places of holding the general and special terms of 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 fortynine, 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.

14 N. Y., 580. General $ 18. At least four general terms of the supreme court

shall be held annually in each judicial district, and as many scribed.

more as the judges in such district shall appoint, at such times and places as a majority of the judges of such district

shall appoint. Number of $ 19. The concurrence of a majority of the judges holding judges to

a general term, shall be necessary to pronounce a judgment. give judg. If a majority do not concur, the case shall be reheard.

16 N. Y., 295. Special S 20. There shall be at least two terms of the circuit court cuit courts and court of oyer and terminer held annually in each of the and courts counties of this state, and as many more terms thereof, and terminer

as many special terms as the judges of each judicial district prescribed.

shall appoint therein, but at least one special term shall be held annually in each of said counties. Fulton and Hamilton

ment.

terms cir

CHAP. XI.

courts and

held to

places of

nary gene

special oyer and terminer,

how ap

shall be considered one county for the purposes of this section.

20 N. Y., 461, 546. $ 21. Circuit courts, and courts of oyer and terminer, shall Circuit be held at the same places, and commenced on the same day. courts of

$ 22. The governor shall, on or before the first day of May, terminer one thousand eight hundred and forty-eight, by appointment

gether. in writing, designate the times and places of holding the Designageneral and special terms, circuit courts, and courts of oyer times and and terminer, and the judges by whom they shall be held ; holding wbich appointment shall take effect on the first day of July courts, how. 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 thousand eight hundred and fifty, and so on, for every two succeeding years, in their respective districts.

13 How. P. R., 314. $ 23. The governor may also appoint extraordinary general Extraordiand special terms, circuit courts, and courts of oyer and ter- ral ana miner, whenever, in his judgment, the public good shall re- terms, and quire it. 9 Ab., 328; 4 Ab., 43.

pointed. § 24. The places appointed within the several counties, for Places of

holding holding the general and special terms, circuit courts, and courts. 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 sheriif, as prescribed by section twenty-eight.

General and special terms of the supreme or county courts and circuit courts and courts of oyer and terminer, may be adjourned to be held on any future day, by an entry to be made in the minutes of the court; and juries may be drawn and summoned for an adjourned circuit or county court, or an ailjourned court of oyer and terminer, and causes may be noticed for trial at an adjourned circuit or county court, in the same manner as if such courts were held by original appointment. And special terms may be adjourned to be held at a future day at the chambers of any justice of said court residing within the district, by an entry in the same manner, and then adjourned from time to time, as the justice holding the same shall order and direct.

As amended by Laws of 1851, ch. 479; 1862, ch. 460. S 25. Every appointment so made shall be immediately Publication

of appoint transmitted to the secretary of state, who shall cause it to be ments published in the newspaper, printed at Albany, in which legal thereof. notices are required to be inserted, at least once in each week

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