페이지 이미지
PDF
ePub

16. The Legislature may, on application of the board of supervisors, provide for the election of local officers, not tu exceed two in any county, to discharge the duties of 1 ounty Judge and of Surrogate, in cases of their inability or of a vacancy, and in such other cases as may be provided by law, and to exercise such other powers in special cases as aro or may be provided by law.

17. The electors of the several towns shall, at their annual town meetings, or at such other time and in such manner as the Legislature may direct, elect Justices of the Pence, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unex. pir-d term. Their number and classification may be regulated by law. Justices of the Peace and judges or justices of inferior courts not of record, and their clerks, may be Iemoved for cause, after due notice and on opportunity of being heard, by such courts as are or may be prescribed by law. Justices of the Peace and District Court Justices may be elected in the different cities of this State in such manner, and with such powers, and for such terms, respectively, as are or shall be prescribed by law; all other judicial officers in cities, whose election or appointment is not otherwise provided for in this article, shall be chosen by the electors of such cities, or appointed by some local authorities therenf.

18. Inferior local courts of civil and criminal jurisdic. tion may be established by the Legislature, but no inferior local court hereafter created shall be a court of record. The L gislature shall not hereafter confer upon any inferior or local court of its creation, any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon County Courts by or under this article. Except as herein otherwise provided, all judicial officers shall be elected or appointed at such times and in such manner as the Legisla. ture may direct,

$ 19. Clerks of the several counties shall be olerks of the Supreme Court, with snch powers and duties as shall be prescribed by law. The Justices of the Appellate 'Division in each department shall have power to appoint and to remove a clerk who shall keep his office at a place to be designated by said Justices. Tho Clerk of the Court of Appeals shall keep his office at the seat of government. Tho Clerk of the Court of Appeals and the clerks of the Appellate Division sball receive compensation to be established by law and paid out of the public treasury.

20. No judicial officer, except Justices of the Peace, shall receive to his own use any fees or perquisites of office; nor shall any Judge of the Court of Appeals, or Justice of the Supreme Court or any County Judge or Surrogate here. atter elected in a county having a population exceeding one bundred and twenty thonsand, practice as an attorney or conselor in any court of record in this State, or act as referee. The Legislature may impose a similar prohibition apon County Judges and Surrogates in other counties. No one shall be eligible to the office of Judge of the Court of Appeals, Justice of the Supreme Court, or, except in the county of Hamilton, to the office of County Judge or Surrogate, who is not an attorney and counselor of this State.

$ 21. Tho Legislature shall provide for the speedy pa bli. cation of all statutes; and shall regulate the reporting of the decisions of the courts; but all laws and judicial decisions shall be free for publication by any person.

8 22. Justices of the Peace and other local judicial offcers provided for in sections seventeen and eighteen, in office when this article takes effect, shall hold their offices until the expiration of their respective terms.

$ 23. Courts of Special Sessions shall have such jurisdic. tion of offenses of the grade of misdemeanors as may bo prescribed by law.

[ocr errors]

THE

CODE OF CIVIL PROCEDURE.

10 Daly, 148. 15 Hun, 588. 86 N. Y. 357.

(L. 1876, c. 448 AS AMENDED.)

AN ACT RELATING TO COURTS, OFFICERS OF JUSTICE,

AND CIVIL PROCEEDINGS.
Passed June 2, 1876; three-fifths being present.
The People of the State of New York, represent-
ed in Senate and Assembly, do enact

as follows :

CHAPTER I.
GENERAL PROVISIONS RELATING TO COURTS, AND

THE MEMBERS AND OFFICERS THEREOF.
TITLE I.-THE COURTS OF THE STATE; THEIR GENERAL

POWERS AND ATTRIBUTES, AND GENERAL REGULATIONS

PERTAINING TO THE EXERCISE THEREOF.
TITLE II.-PROVISIONS OF GENERAL APPLICATION, RELA-

TING TO THE JUDGES, AND CERTAIN OTHER OFFICERS OF
THE COURTS.

TITLE I.
The courts of the State ; their general powers and attributes, and general

regulations pertaining to the esercise thereof. ARTICLE 1. Enumeration and classification.

2. General powers and attributes of the courts.
3. Miscellaneous provisions relating to the sittings of the
courts.

ARTICLE FIRST.

ENUMERATION AND CLASSIFICATION. 1. Courts. 2. Courts of record enumerated. 3. Courts not of record. 4. General provision as to jurisdiction, etc.

1. The courts referred to in this act, are enumerated in the next two sections. $ 2. (Am'd 1877, 1895, 1897.] Each of the following courts of the State is a court of record .

1. The court for the trial of impeachments.
2. The court of appels.
3. The appellate divi-ion of the supreme court in

each department.

4. The supreme court.
5. The court of general sessions of the perice in and

for the city ind county of New York.
6. The city court of Long Island City:
7. The city court of Yonkers.
8. A county court in each county, except New York.
9. The city court of the city of New York.
10. The mayor's court of the city of Hudson.
11. The recorder's court of the city of Utica.
12. The recorder's court of the city of Oswego.
13. The justices court of the city of Albany.

14. A surrogate's court in each county. 2 1205, Con- 15. [Added, 18,97.] The court of claims. Sol. Art.

$ 3. (Am'd 1877, 1895, amendment to take effect January 1, 1896.] Ea h of the following courts of the State is a court not of record :

1. Courts of justices of the peace in each town, anil 19 Abb. N.

in certain cities and villages. C. 54.

2. Courts of special sessicus of the pưace in vacin

town, and in certain cities and villages. 3. The district courts in iue city of New York.* 4. The police courts in cezain cities and villages. 5. The just ce's court of the city of Troy. 6. The municipal count on the city of Rochester. 7. The wunicipal court or the city of Syriacuse.

8. The municipal court of the city of Buffalo. 22 1162, 1213,

$ 4 [Am'd 1877.] Each of those couris shall continue to 1288 Consol exercise the jurisdiction and powers now vested in it by law, Art.

according to the course and practice of the court, except as 91 N. Y. 342 otherwise prescribed in this act.

ARTICLE SECOND. GENERAL POWERS AND ATTRIBUTES OF THE COURTS. 5. The sittings of courts to be 17. Rules of courts of record, public.

i.ow made and revised. 6. Courts not to sit on Sunday, 18. Rules to be published. except in special cases

19. Courts to order calendar 7. General powers of courts of

printed, record.

20. Expense of printing court 8. Criminal contempts de.

calendars. fined.

21. Certain papers may be 9. Punishment for criminal

destroyed. contempts.

22. Writs, etc., in name of the 10. Such contempts in view of

people, and in English; court; how punished, etc.

abbreviations. 11. Requisites of commitment. 23. Id.; teste and return. 12. Preceding sections limited. 24. lu.; to be subscribed or 13. Indictment, if offence is in

indorsed

When error, dictable.

etc., not to viliate, 14. Contempts punishable civ- 25. No discontinuance by reailly.

son of vacancy, ete. 15. No punishment for

26. In New York, one judge payment of interlocutory

non

may continue proceedCONts.

ing commenced before 16. Id.; money due lipon a

another contract,

*) See $ 215 post.

2 27. Provisions respecting the 8 29. į Repealed 1892.) seals of courts.

30. New seals. 28. Seals of counties.

§ 5. (Amd 1879.) The sittings of every court within this State shall be public, and every citizen may freely attend the same, except that in all proceedings and trials in cases for divorce on account of adultery, seduction, abortion, rape, assault with intent to commit rape, criminal conversation, and bastardy, the court may, in its discretion, exclude therefrom all persons who are not directly interested therein, excepting jurors, witnesses and officers of the court.

$ 6. A court shall not be opened, or transact any business on Sunday, except to receive a verdict or discharge a jury. An adjournment of a court on Saturday, unless made after a cause has been committed to a jury, must be to some other day than Sunday. But this section does not prevent the exercise of the jurisdiction of a magistrate, where it is necessary to preserve the peace, or, in a criminal case, to arrest, commit or discharge a person charged with an offence. $ 7. A court of record has power:

1370 Con 1. To issue a subpoena, requiring the attendance of a person 801, Act, found in the State, to testify in a cause pending in that court; 83 N. Y. 164. subject, however, to the limitations, prescribed by law, with respect to the portion of the State, in which the process of a local court of record may be served.

2. To administer an oath to a witness, in the exercise of the powers and duties of the court.

3. To devise and make new process and forms of proceed- WADU.N.C. ings, necessary to carry into effect the powers and jurisdiction 690. possessed by it.

$ 8. A court of record has power to punish for a criminal & 1415 Con. contempt, a person guilty of either of the following acts, and sel; Act. no others :

26 llun, 1.

101,N. Y.245 1. Disorderly, contemptuous, or insolent behaviour, com- 21 NY, State mitted during its sitting, in its immediate view and presence, Rep. 292. and directly tending to interrupt its proceedings, or to impair 133 N.Y '14 the respect due to its authority.

147 X.Y. 290. 2. Breach of the peace, noise, or other disturbance, directly tending to interrupt its proceedings. 3. Wilful disobedience to its lawful mandate.

10 App. Div. 4. Resistance wilfully offered to its lawful mandate. 5. Contumacious and unlawful refusal to be sworn as a

39 Hun, 626 witness; or, after being sworn, to answer any legal and proper interrogatory.

6. Publication of a false, or grossly inaccurate report of its proceedings. But a court cannot punish as a contempt, the publication of a true, full, and fair report of a trial, argument, decision, or other proceeding therein.

$ 9. Punishment for a contempt, specified in the last see tion, may be by fine, not exceeding two hundred and fifty dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both in the dis. cretion of the court. Where a person is committed to jail, for the non-payment of such a fine, he inust be discharged at the expiration of thirty days; but where he is also committed for a definite time, the thirty days must be computed from the expiration of the definite time.

& 10. Such a contempt, committed in the immediate view 82 H 12, -12 and presence of the court, may be punished summarily; when

23.

« 이전계속 »