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Slade vs. War
of fifty dollars for attending prepared to argue the cause. ren, 1 Com. 431.
$ 14. The concurrence of five judges is necessary to pro- Number of nounce a judgment. If five do not concur, the case must be judgment
. re-heard. But no more than two re-hearings shall be had, and if, on the second re-hearing, five judges do not concur, the Amended
1849, 1851. judgment shall be affirmed.
Under the new Constitution of this State, it is the right and the duty of a judge of the court of appeals to take part in the determination of causes brought up for review from a subordinate court of which he was a member, and in the decision of which he took part in the court below. Pierce vs. Delamater, 1 Com. 17
Where judgment is pronounced in open court without any dissent at the time, neither party can attack such judgment on the ground that five judges did not concur in their private consultations. Mason agt. Jones and others, 5 How. 118; S. C., 3. Com. 375.
$ 15. If at a term of the court of appeals, proper and Sheriffs to convenient rooms, both for the consultation of the judges rooms, &c. 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 places at a different place in the same city from that at which it is the desig
by appointed to be held. Any one or more of the judges may journ the court, with the like effect as if all were present.
law. Passed 1819. Amended 1951.
as to terms
Oyer and Terminer.
courts repealed, and order of supreme court fixing the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,
miner; how appointed.
28. Rooms, fuel, &c.; how furnished. Existing § 17. [Sec. 15.] All statutes now in force, providing for provisions the designation of the times and places of holding the geand busin neral and special terms of the supreme court, and the circuit courts re- courts and courts of oyer and terminer, and of the judges who of supreme shall hold the same, are repealed, from and after the first day terms, &e of July, one thousand eight hundred and forty-eight; and 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 thousand 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.
The supreme court as now organized has the jurisdictional powers of the late supreme court and court of chancery combined, and this jurisdiction extends throughout the state. Sherman et al. vs. Felt et al., 2 Com. 186; S. C. 3 How. 425; Blackmar agt. Van Inwager, 5 How. 367.
§ 18. [Sec. 16.] At least four general terms of the su- General preme court shall be held annually in each judicial dis- scribed. trict, and as many more as the judges in such district Amended shall appoint, at such times and places as a majority of the judges of such district shall appoint. § 19. [Sec. 17.] The concurrence of a majority of the Number of
judges to judges holding a general term, shall be necessary to pro- give judgnounce a judgment. If a majority do not concur, the case shall be re-heard. § 20. [Sec. 18.] There shall be at least two terms of the
Special circuit court and court of oyer and terminer held annually cuit courts in each of the counties of this state, and as many more terms of thereof, and as many special terms as the judges of each prescribed. judicial district shall appoint therein, but at least one amended 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. [Sec. 19.] Circuit courts, and courts of oyer and courts and terminer, shall be held at the same places, and com- miner held menced on the same day. $ 22. [Sec. 23.] The governor shall, on or before the first
Designaday of May, one thousand eight hundred and forty-eight, by times and appointment in writing, designate the times and places of holding holding the general and special terms, circuit courts, and made. courts of oyer and terminer, and the judges by whom they Amended 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 respective districts.
together. Amended 1849.
Places of holding courts.
Extraordi. $23. [Sec. 24.) The governor may also appoint extraorral and spe- dinary general and special terms, circuit courts, and courts and dyer of oyer and terminer whenever, in his judgment, the pubappointed. lic good shall require it.
§ 24. [Sec. 25.] The places appointed within the several
counties, for holding the general and special terms, circuit Amended courts and 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 sheriff, 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 adjourned 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.
§ 25. [Sec. 26.] Every appointment so made, shall be immediately transmitted to the secretary of state,who shall cause it to be published in the newspaper, printed at Albany, in which legal notices are required to be inserted at least once in each week, for three weeks before the holding of any court in pursuance thereof. The expense of the publication shall be paid out of the treasury of the state.
$26. [Sec. 28.) In case of the inability, for any cause, of assigned a judge assigned for that purpose, to hold a special term or the courts. circuit court, or sit at a general term, or preside at a court
of oyer and terminer, any other judge may do so.
$ 27. [Sec. 30.] The judges shall at all reasonable time, business when not engaged in holding court, transact such other
business as may be done out of court. Every proceeding Amended commenced before one of the judges, in the first judicial
Duties of judges as to out of court.
district, may be continued before another, with the same effect as if commenced before him.
§ 28. [Sec. 31.] The supervisors of the several counties Rooms, shall provide the courts appointed to be held therein with honetara room, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of their business. If the supervisors neglect, the court may order the sheriff to do so; and the expense incurred by him in carrying the order into effect, when certified by the court, shall be a county charge.
Section fifty-one applies this section to the superior court of the city of New-York.
Of the County Courts.
30. Their jurisdiction.
32. Jurors, how drawn and summoned. § 29. [Sec. 32.] All statutes now in force, conferring or Repeal of defining the jurisdiction of the county courts, so far as they fining their conflict with this act, are repealed; and those courts shall con
jurisdichave no other jurisdiction than that provided in the next section. But the repeal contained in this section shall not affect any proceedings now pending in those courts.
§ 30. [Sec. 33.] The county court has jurisdiction in the Their jurafollowing special cases, but has no original civil jurisdiction except in such cases:
1. Civil actions in which the relief demanded is the recovery of a sum of money not exceeding five hundred dollars, or the recovery of the possession of personal property not exceeding in value five hundred dollars, and in which all the defendants are residents of the county in which the action is brought at the time of its commencement: subject to the right of the supreme court upon special motion for good cause shown to remove any such action to the supreme court before trial.
Amended 1849, 1851.