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§ 176. The police courts have jurisdiction in the cases prescribed in the next section, of the following public offences committed in their respective counties :
1. Petit larceny, not charged as a second offence:
2. Assault and battery, not charged to have been committed riotously, or upon a public officer in the execution of his duties:
3. Poisoning, killing, maiming, wounding or cruelly beating an animal:
4. Racing animals within one mile of the place where a court is held:
5. Committing a wilful trespass, or severing any produce or article from the freehold, not amounting to grand larceny:
6. Selling poisonons substances, not labelled, as required by statute:
7. Maliciously removing, altering, defacing or cutting down monuments or marked trees:
8. Maliciously breaking, destroying or removing milestones, mile-boards or guide-boards, or altering an incription thereon.
§ 177. The jurisdiction conferred upon the police courts, by the last section, can, however, be exercised only in the following cases :
1. When the party charged, upon his being brought before a magistrate, requests to be tried by a police
2. When, not having made such request, and after having been required by the magistrate to give bail for his appearance at the next court of sessions in the county, he omits to do so for twenty-four hours.
§ 178. In the city and county of New-York, these courts must be held at each of the police offices now or hereafter designated by the common council, on Tuesday and Friday of each week, by two of the police justices of that city, and by no other officer.
$ 179. In the other counties, the police court must be held by the magistrate issuing the warrant of arrest, or before whom the defendant is brought to answer the charge.
THE COURTS OE CONCILIATION.
SECTION 180. Courts established.
181. Their jurisdiction.
$ 180. Tribunals are hereby established in the several counties of this state, to be known as the courts of conciliation.
§ 181. The jurisdiction of these courts, and the manner of its exercise, is prescribed in subsequent parts of this code.
GENERAL PROVISIONS RESPECTING THE COURTS OF JUSTICE.
ARTICLE I. Publicity of their proceed nga
II. Their incidental powers and duties.
PUBLICITY OF THE PROCEEDINGS OF THE COURTS OF JUSTICE.
SECTION 182. Sittings of courts to be public. 183. Trial of civil cases may be in private, upon agreement of parties
and order of court.
§ 182. The sittings of every court of justice, other than a court of conciliation, are public, except as provided in the next section.
§ 183. Upon the agreement of the parties to a civil action, or a proceeding of a civil nature, filed with the clerk, or entered upon the minutes, the court may direct the trial of an issue of law or of fact, or any other proceeding therein, to be private; and upon such direction, all persons shall be excluded, except the officers of the court, the parties, their witnesses and counsel.
INCIDENTAL POWERS AND DUTIES OF THE COURTS OF JUSTICE.
SECTION 184. Powers of courts respecting the conduct of judicial proceedings. 185. Court of appeals and supreme court may make rules of practice,
to carry this code into effect.
§ 184. Every court, except a court of conciliation, has
1. To preserve and enforce order in its immediate presence :
2. To enforce order in the proceedings before it, or before a person or body empowered to conduct a judicial investigation, under its authority :
3. To provide for the orderly conduct of proceedings before it or its officers :
4. To compel obedience to its judgments, orders and process, and to the orders of a judge out of court, in an action or proceeding pending therein:
5. To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto:
6. To compel the attendance of persons, to testify, in an action or proceeding pending therein, in the cases and manner provided in this code:
7. To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties. 8. To amend and control its process and orders, so as to make them conformable to law and justice:
§ 185. For the effectual exercise of the powers conferred by the last section, the court may punish for contempt, in the cases provided in this code.
§ 186. In furtherance of the objects embraced in section 3, the court of appeals and the supreme court in general session, may from time to time, make such rules, and such only, for the practice in those courts, as are necessary to carry this code into effect, according to its spirit.
§ 187. The rules so made by the supreme court shall, when applicable, govern the practice in the other courts, except the court of appeals, surrogates' and justices' courts, and courts of conciliation; and no rules made by the supreme court, except at such general session of all the judges or a majority of them, are valid.
PARTICULAR DISQUALIFICATIONS OF JUDGES.
SECTION 188. In what cases, a judge cannot act as a member of the court.
189. Not to act as attorney or counsel in his own court, or in a case re
moved therefrom. 190. Certain judges, not to act as attorneys or counsel in any court. 191. Judge, not to have partner acting as attorney or counsel in his
court, or to be interested in costs therein.
§ 188. A judge cannot act as such, in a court of which he is a member, in any of the following cases: