§§ 141, 142 Supreme Court. Art. 5 The second judicial district shall consist of the counties of Richmond, Kings, Queens, Nassau and Suffolk; The third judicial district shall consist of the counties of Columbia, Sullivan, Ulster, Greene, Albany, Schoharie and Rensselaer; The fourth judicial district shall consist of the counties of Warren, Saratoga, Washington, Essex, Franklin, Saint Lawrence, Clinton, Montgomery, Hamilton, Fulton and Schenectady; The fifth judicial district shall consist of the counties of Onondaga, Oneida, Oswego, Herkimer, Jefferson and Lewis; The sixth judicial district shall consist of the counties of Otsego, Delaware, Madison, Chenango, Broome, Tioga, Chemung, Tompkins, Cortland and Schuyler; The seventh judicial district shall consist of the counties of Livingston, Wayne, Seneca, Yates, Ontario, Steuben, Monroe and Cayuga; The eighth judicial district shall consist of the counties of Erie, Chautauqua, Cattaraugus, Orleans, Niagara, Genesee, Allegany and Wyoming; The ninth judicial district shall consist of the counties of Westchester, Putnam, Dutchess, Orange and Rockland. Formerly L. 1847, ch. 241, § 1; L. 1857, ch. 485, § 1; L. 1898, ch. 588, 1 part; L. 1906, ch. 285, § 1, and L. 1906, ch. 294, § 1. § 141. Designation of supreme court justices to hold court in another county. At the request of the presiding justice of any judicial department, the presiding justice of any of the other departments of the state may consent to the assignment from among the trial justices of any judicial district in his department, of such justices as in his opinion may be spared from said district, without prejudice to the work or interests of such district, to hold trial or special terms in the department from whence the request may come. No consent shall be given hereunder to the assignment of a justice or justices from any district that will not leave at all times at least two trial justices in such district; and no allowance given by any statute for services, or expenses, rendered, or incurred by any trial justice for sitting in the first or second departments shall be paid, unless assigned with such consent as herein before provided. Formerly L. 1902, ch. 484, §§ 1, 3, as am'd by L. 1903, ch. 141, § 1. § 142. Compensation of justices of supreme court. The justices of the supreme court shall receive an annual com Art. 5 Supreme Court. §§ 143-145 pensation of six thousand dollars each, payable quarterly. Each justice of the supreme court except in the first judicial district shall also receive twelve hundred dollars annually in lieu of and in full of all other expenses except as otherwise provided by law. This section shall not be construed to diminish the compensation now received by the justices of the supreme court of the first, second and ninth judicial districts. Formerly L. 1870, ch. 408, § 9 part, and L. 1872, ch. 541, § 1 part. § 143. Additional compensation of justices of supreme court residing in first judicial district. The board of estimate and apportionment of the city of New York may provide for the raising by tax, and for payment to the justices of the supreme court resident in the first judicial district, of such additional annual compensation as they may deem proper. Formerly L. 1882, ch. 410, § 1108. § 144. Additional compensation allowed justices of supreme court in second and ninth judicial districts outside Kings county. The annual compensation and allowances for expenses and disbursements of each of the justices of the supreme court in the second and ninth judicial districts, residing outside of the county of Kings, shall at all times equal the amount of the annual compensation and allowances of each of the justices of the supreme court in said district residing in said county of Kings. Formerly L. 1898, ch. 131, § 1 part. § 145. Manner of payment of additional compensation allowed justices of supreme court in second and ninth judicial districts outside Kings county. The comptroller of the state shall annually apportion among the several counties in the second and ninth judicial districts, exclusive of the county of Kings, such a sum of money as will be sufficient to render the annual compensation and allowances for expenses and disbursements of each of the justices of the supreme court in said districts, residing outside of the county of Kings, at all times equal to the amount of the annual compensation and allowances of each of the justices of the supreme court in the second district residing in said county of Kings. Such sum shall be apportioned upon said counties, respectively, in accordance with the proportion which the amount to be raised shall bear to the taxable real and personal property in said counties respectively, according to the last annual assessment-rolls therein. The boards of supervisors of said counties respectively, or such person §§ 146-148 Supreme Court. Art. 5 or body as may be charged by law with the duty of levying and collecting taxes shall annually levy and cause to be collected as a county charge the sums so apportioned respectively, and the respective treasurers of said counties shall receive and pay over the same to the said comptroller, who shall thereupon pay the same in equal quarterly payments to the justices aforesaid, residing in said judicial districts, outside of the county of Kings, so as to make the total amount annually received by the said justices for compensation and expenses equal to the amount received by the justices of said court residing in the county of Kings. Formerly L. 1898, ch. 131, § 1 part. § 146. Additional compensation of supreme court justices holding court in another county. A trial justice who attends a term or part of the supreme court, except in the counties of New York and Kings, outside the county in which he resides, is entitled to the actual necessary traveling and other expenses incurred by him in the performance of such duty, not exceeding one thousand dollars, to be paid by the treasurer upon the audit and warrant of the comptroller. Formerly L. 1900, ch. 431, § 1. § 147. Additional compensation of nonresident supreme court justices holding court in first judicial district or Kings county. Whenever a justice of the supreme court is assigned with the consent of the presiding justice of his department as provided in section one hundred and forty-one of this chapter, to hold trial or special terms in either the first judicial district or in the county of Kings in the second judicial district he shall be paid by the city of New York twenty dollars a day for each day he shall be actually employed in either of such districts. Formerly L. 1902, ch. 484, § 2, as am'd by L. 1903, ch. 141, § 1. § 148. Holding special and trial terms. A special term or a trial term of the supreme court must be held by one judge. At least one special term and two trial terms must be appointed to be held in each year in each county separately organized. Two or more trial terms may be appointed to be held and may be held at the same time in any county. Fulton and Hamilton counties shall be deemed one county for the purposes of this section. A special term of the supreme court may be adjourned to a future day, and to the chambers of any justice of the court, residing within the judicial district by an entry in the Art. 5. Supreme Court. §§ 149-152 minutes; and then adjourned from time to time, as the justice holding the same directs. Formerly Code Civil Procedure, §§ 229, 232, 239, part. § 149. Trial term may be held in parts. A trial term of the supreme court in any county may be held in two or more parts, and a jury panel may be summoned to serve in each part, or jurors may be drawn from one panel; and in such county such part or parts, exceeding one, as may be requisite shall be reserved for the trial of actions on sales of personal property, including agreements incident to such sales, for work, labor and services, and material furnished, upon policies of insurance and upon negotiable paper and other instruments transferable by indorsement or order. Formerly Code Civil Procedure, § 232 part. § 150. Designation of special and trial terms where appellate division fails to do so. If the justices of the appellate division in any department shall not have fixed the times and places for holding special and trial terms of the supreme court, or shall not have assigned the justices to hold such terms, or shall not have made rules therefor, as prescribed in section eighty-four of this chapter, before the first day of December, in the year eighteen hundred and ninety-five, and in every second year thereafter, the justices of the supreme court for each judicial district, or a majority of them not designated as justices of the appellate division, must, between the first and fifteenth days of December in each of said years, appoint the times and places for holding the trial and special terms of the supreme court within their judicial district, for two years from the first day of January of the year next following; if for any reason such an appointment is not made before the expiration of the time so specified, it must be made at the earliest convenient time thereafter. Formerly Code Civil Procedure, § 232 part. § 151. Duty of supreme court justices to file appointments of terms with secretary of state. An appointment of terms of the supreme court made as prescribed in this chapter must be signed by the justices making it, and immediately filed in the office of the secretary of state. Formerly Code Civil Procedure, § 233 part. § 152. Place of holding terms. The place appointed within each county, for holding a special term of the supreme §§ 153-156 Supreme Court. Art. 5 court, at which issues of fact are triable, or a trial term, must be that designated by the statute, for holding the county court. Formerly Code Civil Procedure, §§ 226, 234 part. § 153. Governor may appoint extraordinary terms and name justices to hold them. The governor may, when, in his opinion the public interest so requires, appoint one or more extraordinary special or trial terms of the supreme court. He must designate the time and place of holding the same, and name the justice who shall hold or preside at such term, and he must give notice of the appointment in such manner as, in his judgment, the public interest requires. Formerly Code Civil Procedure, § 234 part. § 154. Printing calendars. The supreme court may, from time to time, by order, require the clerk to cause to be printed for the use of the members and officers thereof, the necessary copies of the calendar of causes, prepared for a term of the court. But this section does not apply to the county of New York. Formerly Code Civil Procedure, § 19 part. § 155. Supreme court justices in eighth judicial district may regulate calendars in Erie county. The justices of the supreme court elected in the eighth judicial district may adopt, and from time to time amend rules and regulations for making calendars of cases at issue to be tried in the supreme court in and for the county of Erie. Formerly Code Civil Procedure, § 235 part. § 156. Records kept by special deputy clerks shall be part of records of supreme court. The minutes of the part or term of the supreme court to which any of the special deputy clerks to the clerk of the county of New York, is assigned kept by him and the records kept by the supreme court jury clerk in the first judicial district, shall be a part of the records of the supreme court. The minutes and records kept by the special deputy clerks to the clerk of a county containing a city having a population of not less than three hundred thousand and not more than one million wholly within the county shall be part of the records of the supreme court. Formerly L. 1895, ch. 553, § 4 part, as am'd by L. 1896, ch. 362, § 1; L. 1897, ch. 656, § 1; L. 1898, ch. 379, § 1; L. 1899, ch. 374, § 1; L. 1900, ch. 654, § 1; L. 1906, ch. 643, § 1, and L. 1907, ch. 496, § 2, with Code Civil Procedure, § 89 part, incorporated. |