REVISED STATUTES OF THE STATE OF NEW YORK. . PART III. [All of Part III took effect 1 January, 1830.] AN ACT concerning courts and ministers of justice, and proceedings in civil cases. WHEREAS it is expedient that the several statutes of this state, relating to courts and ministers of justice, and to proceedings in civil cases, should be consolidated and arranged in appropriate chapters, titles and articles; that the language thereof should be simplified; and that omissions and other defects should be supplied: Therefore, The People of the State of New York, represented in Senate and Assembly, do declare and enact as follows: CHAP. I. Of the Courts of General or Limited Jurisdiction. TITLE 1.-Of the court for the trial of impeachments and the correction of errors. TITLE 2.-Of the court of chancery. TITLE 3.-Of the supreme court. TITLE 4.-Of the circuit courts, sittings, and courts of oyer and ter miner. [163] TITLE 1. TITLE 5. Of the courts of common pleas and general sessions of the peace, in the several counties of this state. TITLE 6.-Of mayors' courts in cities. TITLE I. OF THE COURT FOR THE TRIAL OF IMPEACHMENTS AND THE ART. 1. Of the constitution of the court, and its officers. ART. 2. [164] Members of the court. Quorum, &c. Proceedings on appeals. Ib. on writs of error. Assigning OF THE CONSTITUTION OF THE COURT AND ITS OFFICERS. SEO 1. Members of the court. 2. Quorum; members necessary to a decision. 3. Duty and power of chancellor, on appeals from chancery. 4. Duty of justices of the supreme court, on writs of error. 5. Reasons of chancellor and judges, how and when to be submitted. 6. Chancellor and judges may vote in certain cases. 7. Sessions of the court, when and where held. 8. Seal of the court. 9. Process, how to be signed and tested. 10. Court may appoint subordinate officers. 11. Compensation to clerk and officers, for attendance. S 1. The court for the trial of impeachments and the correction of errors, consists of the president of the senate, the senators, the chancellor, and the justices of the supreme court. 1 R. L., 132, § 1; 2 W., 218. S2. The major part of the members then in office, and constitutionally competent to vote on the question pending, shall be a sufficient number to constitute the court; but no decision can be made without the concurrence of at least ten members legally competent to vote on the question pending. S3. When an appeal from a decree in chancery shall be heard, the chancellor shall inform the court of the reasons for his decree, but shall have no voice in the final sentence. $4. When a writ of error shall be brought on a judgment of the supreme court, the justices of that court shall assign the reasons for their judgment; but shall have no voice in its affirmance or reversal. $ 5. The reasons so to be assigned by the chancellor or reasons, &c. justices of the supreme court, shall be submitted in writing. They shall be assigned before the argument of the appeal or writ of error, as the case may be. In certain cases may vote. S6. When any interlocutory or other question shall arise judges, &c., on an appeal, not affecting the merits of the cause, or any point decided in the court of chancery, the chancellor may vote thereon, as other members of the court; and when any such question shall arise on a writ of error, not affecting the merits of the cause or any other matter decided in the supreme court, the justices of that court may vote thereon as other members. 6 W., 160. ART. 2 57. Sessions of the court may be held at the Capitol, in Sessions of the city of Albany, at such times as the court shall from time the court. to time direct; but not more than two such sessions shall be held during the recess of the legislature, in any one year; and when so held during the recess of the legislature, the president of the senate and the senators, shall receive the same compensation, for travelling and attendance, as for attending a meeting of the senate. [165] court. $ 8. The seal of the court shall continue to be that, of which a description is now deposited and recorded in the office of Seal of the the secretary of this state; which description shall there remain as a public record. 1 R. L., 132, § 2. of process. nate of. 59. The writs and process of the court shall be signed by Teste, &c., the clerk, and tested in the name of the president of the senate. $10. In addition to the officers of the court, named in the Subordi fifth Chapter of the First Part of the Revised Statutes, the court cers. shall have power, from time to time, to appoint such subordinate officers as may be necessary for the convenient transaction of business. other $11. The clerk of the court shall receive the same daily Pay of clerk compensation, for his attendance at any term of the court officers, held during the recess of the legislature, as is allowed to the members of the senate; and the other officers of the court shall receive the same compensation, for their attendance at any such term, as is or shall be allowed them for their attendance on the senate, to be certified and paid in like manner. But no such daily compensation shall be made to any of the said officers, for their attendance on the court during the meeting of the legislature. Laws of 1822, 302, § 33. See Const. of 1846, Art. 6; Laws of 1847, ch. 280. Ante, vol. 1, p. 50. ARTICLE SECOND. OF IMPEACHMENTS, AND THE MODE OF CONDUCTING THEM. SEC. 12. Proceedings to summon court to try impeachments. 13. Party impeached, how proceeded against. 14. Entitled to counsel. 15. Time and place for trial to be appointed. 16. Oath to be taken by president and members. 17. Court to try impeachment; may adjourn. 18. Two-thirds necessary to conviction. 19. Party to be acquitted, if two-thirds do not concur. 20. Judgment upon conviction. 21. Officers impeached, suspended until acquittal. 22. Proceedings if president of senate be impeached. Court, how TITLE 1. S 12. All impeachments shall be delivered by the assembly summoned. to the president of the senate, who shall thereupon cause the court for the trial of impeachments to be summoned. Proceed ings. Counsel. Time and place of trial. Oath of members. [166) Powers of court; ad 1 R. L., 132, § 4. S13. The court, when summoned, shall forthwith cause the person impeached, to appear and to answer the charge exhibited against him; and upon his appearance, he shall be entitled to a copy of the impeachment, and a reasonable time to answer the same. S 14. The person accused, is entitled, on the trial of the impeachment, to be allowed counsel, as in civil actions. 15. When issue shall be joined in an impeachment, the court shall appoint a time and place for the trial thereof. S 16. At the time and place so appointed, and before the commencement of the trial, the clerk shall administer to the president of the senate, and the president to each of the members of the court then present, an oath or affirmation, truly and impartially to try and determine the charge in question, according to evidence. No member of the court shall sit or give his vote upon such trial, until he shall have taken such oath or affirmation. $ 17. Such oath or affirmation being administered, the court Journments shall then proceed to hear, try, and determine the impeachment; and may from time to time, if necessary, adjourn the trial to any other time or place. Two-thirds required to convict. When acquitted. Judgment upon conviction. S 18. No person can be convicted on an impeachment, without the concurrence of two-thirds of the members of the court then present. $ 19. If two-thirds of the members present shall not assent to a conviction, the person impeached shall be declared acquitted. $20. Upon a conviction of the person impeached, judgment may be given that he be removed from office; or that he be disqualified to hold any office of honor, trust or profit, under this state; or both; but no other judgment can be pronounced. Officers sus- S 21. Every officer impeached, shall be suspended from the exercise of his office, until his acquittal. pended by impeach ment. Ib. president of senate. Indictment after conviction. $ 22. If the president of the senate shall be impeached, notice thereof shall be immediately given to the senate, by the assembly, that another president may be chosen. $23. Every person convicted on an impeachment, shall, nevertheless, be liable to indictment and punishment according to law. ARTICLE THIRD. OF ITS POWERS AS A COURT FOR THE CORRECTION OF ERRORS. SEC. 24. To correct errors in chancery and supreme court. 25. Powers and duty in respect to errors in supreme court. 26. Proceedings on remitting record to supreme court. 27. Duty and powers in respect to errors in chancery. |