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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.

SECTION 9. The several courts of this state.

10. Their jurisdiction generally.

§ 9. The following are the courts of justice of this state: The sever

1. The court for the, trial of impeachments.

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.

al courts of

this State.

Their juris- § 10. These courts shall continue to exercise the juris

diction

generally. diction now vested in them respectively, except as otherwise prescribed by this act.

TITLE II.

Of the Court of Appeals.

SECTION 11. Its jurisdiction.

12.

May reverse, affirm or modify judgment or order appealed from.

13. Terms of the court. Preference of causes.

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Sheriffs to provide rooms, &c., for court.

16.

Court may be adjourned to places other than those designated by law.

Its jurisdic tion.

May re

verse or

§ 11. The court of appeals shall have exclusive jurisdiction to review, upon appeal, every actual determination hereafter made at a general term, by the supreme court, or by the superior court of the city of New York, or court of common pleas for the city and county of New York, 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 :

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

4. In an order granting a new trial, but such an 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 NewYork, or in an assistant justices' court of that city, or in a justices' court of any of the cities of this state.

§ 12. The court of appeals may reverse, affirm, or momodify dify the judgment or order appealed from, in whole or in

judgn.ent

of causes

part, and as to any or all of the parties; and its judgment or order ap

pealeil shall be remitted to the court below, to be enforced ac- from cording to law.

§ 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 af Albany, on the first Tuesday of January, the fourth Tuesday of March, the third Tuesday of June, and the third Tuesday of September, and continued for as long a period as the public interests may require. Additional terms shall be appointed and held at the same

Preference 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. § 14. The concurrence of five judges is necessary to pro- Number of

judges who nounce a judgment. If five do not concur, the case must be may give

judgineur. re-heard. But no more than two re-hearings shall be had, and if, on the second re-hearing, five judges do not concur, judgment shall be affirmed.

§ 15. If at a term of the court of appeals, proper and Sheritx 10 convenient rooms, both for the consultation of the judges for more and 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.

§ 16. The court of appeals may be held in other buildings Court may than those designated by law as places for holding courts, and ed to place at a differen.t place in the same city from that at which it is to dest appointed to be held. Any one or more of the judges may adjourn the corr', with the like effect as if all were present.

provide

, &c.

be ar journ

law.

TITLE III.

Of

as to terms

ness of the

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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.
23. Extraordinary general and special terms, and oyer and ter.

miner; 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.

$ 17. All statutes now in force, providing for the desigExisting statutory nation of the times and places of holding the general and and busi special terms of the supreme court, and the circuit courts courts re- and courts ofoyer and terminer, and of the judges who shall pepealed of ori suordeme hold the same, are repealed, from and after the first day court fixing lerns, of July, one thousand eight hundred and forty-eight; and

, &c. abrogated.

the order of the supreme court, adopted July fourteen, one
thousand eight hundred and 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 thou-
sand 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.

8 18. At least four general terms of the supreme court terms pre. shall be held annually in each judicial district, and as ma

ny more as the judges in such district shall appoint, at

General

terms cir

and
of oyer &
terminer

courts and

. miner held

tion of

such times and places as a majority of the judges of such district shall appoint. $ 19. The concurrence of a majority of the judges hold- Number of

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

§ 20. There shall be at least two terms of the circuit Special court and court of oyer and terminer held annually in each cod couris of the counties of this state, and as many more terms thereof, and as many specíal terms as the judges of each judi

prescribed. cial 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.

§ 21. Circuit courts, and courts of oyer and terminer, Circuit shall be held at the same places, and commenced on the courts of same day.

together. § 22. The governor shall, on or before the first day of DesignaMay, one thousand eight hundred and forty-eight, by ap- places of pointment in writing, designate the times and places of couting 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 thousand eight hundred and fifty, and so on, for every two succeeding years, in their respec

, tive districts.

$ 23. The governor may also appoint extraordinary Extraordigeneral and special terms, circuit courts, and courts of ral and speoyer and terminer whenever, in his judgment, the public and oyer good shall require it.

low made.

appointed.

cial terms

and terminer how

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