Of the Court for the Trial of Impeachments and the Correction of Errors. ART. 1.-Of the constitution of the court, and its officers. ART. 3.-Of its powers as a court for the correction of errors. [This entire title repealed by L. 1886, ch. 593.] [167-196, [196-200] TITLE II. Of the Court of Chancery. ART. 1.-Of the constitution of the court, and of its officers and their duties. ART. 3.-Of the terms of the court, and the mode of proceeding therein. ART. 4.-Of proceedings against absent, concealed, and non-resident defendants. ART. 6. Of the powers and proceedings of the court, upon bills for the foreclosure ART. 7. Of proceedings in relation to the conveyance of lands by infants, and the sale and disposition of their estates. [This entire title repealed by L. 1877, ch. 417, and L. 1880, ch. 245.] TITLE III. Of the Supreme Court. [This entire title was repealed by L. 1877, ch. 417.] L. 1881, Chap. 10-An act to provide for detailing judges of the city court of Brooklyn to hold circuits and special terms of the supreme court in Kings county. Governor may designate judges of city court to hold circuits, etc. SECTION 1. Pursuant to the twelfth section of the sixth article of the Constitution of this state, the governor may, from time to time, whenever the public interests shall require, designate judges of the city court of Brooklyn to hold circuits and special terms of the supreme court in the county of Kings; such designation shall be in writing and shall specify the time and place of holding any such circuit or special term. When a case or bill of exceptions shall be made in any cause, tried at such circuit or special term, the same shall be settled before the judge holding the same, and the review shall be had at a special or general term of the supreme court, in the same manner and with the same effect as if such circuit or special term had been held by a justice of the supreme court. L. 1881, Chap. 369 –An act to provide for the performance of services in the supreme court and the court of appeals, by stenographers. Stenographers to report proceedings before any judge of court of appeals, etc. SECTION 1. The stenographers appointed or employed in the supreme court shall perform all such services as may be required from them, or either of them, in reporting, writing out and copying all judicial proceedings which may be pending, or in progress, before any judge of the court of appeals, or justice of the supreme court, in which such services shall be required. And for the performance thereof, such reporter shall be entitled to receive the same compensation as is now provided for similar services in court, and which shall be certified and paid in the same manner. If stenographer is otherwise employed, person may be designated. § 2. When the official stenographer, whose duty according to the preceding section it would be to perform such service or services, is otherwise officially employed, any other competent person may be designated and selected to perform the same in his place, and shall receive compensation therefor as provided in the preceding section. [Thus amended by L. 1884, ch. 333.] TITLE IV. Of the Circuit Courts, Sittings, and Courts of Oyer and Terminer. SEC. 1-36. [Repealed or superseded.] TITLE 4. [201-206] 37. Precept, when to be issued by district-attorney. 38. Contents of precept. 39. Sheriff to publish proclamation; expense thereof. 40. Seals of courts of oyer and terininer. 41-45. [Repealed.] [Sections 1-27 were repealed by L. 1877, ch. 417.] [Sections 28-31 were repealed by L. 1886, ch. 593.] [Sections 32-36 were superseded by Code Civil Proc. and Code Crim. Proc.] district-at 3 Park. Cr., 235; 3 Park. § 37. The district-attorney of every county, at least twenty days Precept by before the time appointed for the holding of such or any other court torney of oyer and terminer and jail delivery, in his county, shall issue a 14 d., precept to be tested and sealed, in the same manner as process Cr., 343; 38 issued out of the courts of oyer and terminer and jail delivery, and Barb., 22. to be directed to the sheriff of his county. [1 R. L., 339, § 16.] § 38. Every such precept shall mention the time and place at which such court is to be held, and shall command the said sheriff, 1. To summon the several persons who shall have been drawn in his county, pursuant to law, to serve as grand and petit jurors at the said court, to appear thereat: 2. To bring before the said court, all prisoners then being in the jail of such county, together with all process and proceedings any way concerning them in the hands of such sheriff: 3. To make proclamation in the manner prescribed by law, notifying all persons bound to appear at the said court, by recognizance, or otherwise, to appear thereat; and requiring all justices of the peace, coroners, and other officers who have taken any recognizance for the appearance of any person at such court, or who have taken any inquisition, or the examination of any prisoner or witness. to return such recognizances, inquisitions and examinations, to the said court, at the opening thereof, on the first day of its sitting. [The same.] tion to be TITLE 5. § 39. The sheriff to whom any such precept shall be directed and Proclama delivered, immediately on the receipt thereof, shall cause a proclapublished. mation in conformity thereto, signed by him, to be published once in each week, until the sitting of the court, in one or more of the newspapers printed in the said county. The expense of such publication shall be a county charge. [207] Seals of courts of oyer and terminer. 20 N. Y., 546. § 40. The seals heretofore devised or adopted by the several courts of oyer and terminer and jail delivery, shall continue to be the seals of the said courts respectively; and where none have been devised, the court shall have power to make and devise such seal. [Sections 41-44 were repealed by L. 1886, ch. 539.] [Section 45 was repealed by L. 1877, § 417.] [208-215] To be held at courthouses. Clerk of N. Y. Co., to give bond. [216] Its condition. When and how bond TITLE V. Of the Courts of Common Pleas and General Sessions of the Peace, in the several Counties of this State. SEC. 1-20. [Repealed.] 21. In cases not otherwise directed, courts to be held at court-houses. 24. Clerk of county to be clerk of common pleas, and to give bond. 25. When and how bond to be cancelled. 26-34. [Repealed.] [All of this title, except the three sections which follow, was repealed by L. 1857, ch. 417; L. 1880, ch. 245; and L. 1886, ch. 593.] § 21. In all cases not specially provided for in the preceding section, the courts of common pleas and general sessions, shall be held at the court-houses in the several counties. § 24. The clerk of the city and county of New York, shall, by virtue of his office, be clerk of the court of common pleas for the said city and. county; and every person hereafter elected to that office, shall, before he enters on the duties thereof, execute a bond to the people of this state, in the penalty of fifteen thousand dollars, with two sufficient sureties, to be approved by the said first judge, conditioned that such clerk shall well and faithfully, in all things, apply, appropriate and pay over all such sums of money as he may from time to time receive, in virtue of his said office, during his continuance therein; and that if default be made therein, he and his sureties will jointly and severally answer and pay to the parties who may be injured by such default, all damages they may sustain; which bond, when so executed and approved, shall be filed in the office of the clerk of the supreme court in the city of New York. [L. 1826, 265, §§ 1 and 2; partly repealed by L. 1843, ch. 88.] [This section is probably superseded, in part, by L. 1884, ch. 299, § 6, in ch. 10, post.] § 25. Whenever any such clerk shall go out of office, and shall to be can pay over to his successor all the monies then remaining in his hands, accompanied by such vouchers and statements in relation thereto, as shall be satisfactory to such successor, to be signified by his certificate celled. under seal, it shall be the duty of the said first judge, to grant an TITLE 5. order requiring the clerk of the supreme court, upon the filing of such certificate in his office, to give up the bond executed by the clerk so going out of office, and his sureties, to the parties who executed the same, to be cancelled. And it shall be the duty of the clerk of the supreme court to obey such order. [Supplementary Title.] TITLE 54. Of the Superior City Courts. ART. 1.-The court of common pleas for the city and county of New York, and the superior court of the city of New York. ART. 2-The superior court of Buffalo. ART. 3.-The city court of Brooklyn. ARTICLE FIRST. THE COURT OF COMMON PLEAS FOR THE CITY AND COUNTY OF NEW YORK, AND THE SUPERIOR COURT OF THE CITY OF NEW YORK. [See Code of Civil Procedure, passim.] L. 1828, Chap. 137 - An act for the establishment of a superior court of law in the city of New York. Superior court of New York established. SECTION 1. There shall be and hereby is established, within the city and county of New York, a court to be called and known by the name of "The superior court of the city of New York;" which court shall consist of a chief justice, and two associate justices. When and where held. § 3. The said court shall be held at the city hall of the city of New York. * * * * * * * Seal. § 8. The said court shall have a seal, to be devised by the justices thereof, a description of which shall be deposited in the office of the secretary of state, signed by the said justices, or a majority of them; and such seal shall then be used as the seal of the said court. Clerk. § 9. The said justices shall appoint a clerk, who shall keep his office at the city hall of the city of New York, and attend the said court and officiate as clerk thereof. [See Code of Civ. Proc., § 284.] [The remainder of the foregoing act was superseded by the amendments to the Constitution, and by subsequent legislation, and was finally repealed by L. 1881, ch. 537.] L. 1849, Chap. 124-An act for increasing the number of justices in the superior court of the city of New York, and for extending the jurisdiction of that court. [This entire act, except § 13, was repealed by L. 1877, ch. 417, and L. 1881, ch. 537.] Clerk's fees. § 13. The clerk of said court shall receive for every trial from the party which shall bring it on, one dollar: on entering judgment, one dollar. shall receive no other fee for any service whatever, in a civil action, except for copies of papers at the rate of five cents for every one hundred words. [See Code of Civil Procedure, § 3301.] L. 1854, Chap. 198-An act in relation to the court of common pleas for the city and county of New York. [This act, except the following sections, was repealed by L. 1877, ch. 417.] Clerk's office. § 2. The common council of the city of New York must, by ordinance, assign the clerk so appointed a suitable office in the city hall in that city. Fees. § 3. The said clerk shall pay over to the city treasurer, in monthly payments, all the fees, perquisites and emoluments of his office, and shall receive such compensation for his services, and for the services of his assistants, as shall be fixed by the board of supervisors of the city and county of New York, in conformity to the act in relation to the fees and compensation of certain officers in the city and county of New York, passed December 10th, 1847. Salaries. § 4. When the fees received and paid over by the officers named in said act, and the said clerk, shall be insufficient to pay the necessary expenses and salaries of their respective offices, the deficiency shall be paid out of the appropriation for county contingencies. ARTICLE SECOND. THE SUPERIOR COURT OF BUFFALO. [Originally organized as the "recorder's court in the city of Buffalo," by L. 1839, ch. 210. The name of the court changed to the superior court of Buffalo, L. 1854, ch. 96. Most of the statutes relating to this court have been superseded by provisions of the Code of Civil Procedure and the Code of Criminal Procedure, q. v., passim.] L. 1854, Chap, 96— An act to amend an act entitled “An act to organize and establish a recorder's court in the city of Buffalo, and for other purposes," passed April 20, 1839, [Sections 1-5 were repealed by L. 1877, ch. 417.] Clerk and crier. § 6. A clerk and crier shall be appointed by, and hold their offices during the pleasure of, said court. The clerk shall receive the same fees allowed by law to county clerks for similar services performed in the supreme court and courts of oyer and terminer, and a salary of twenty-five hundred dollars a year, to be paid by the county of Erie. The crier shall be paid by the city of Buffalo the compensation now allowed by law. [Thus amended by L. 1883, ch. 219.] [See Code of Civil Procedure, § 284.] [Sections 7-29 were repealed by L. 1877, ch. 417, and L. 1880, ch. 245.] the Rooms of court. § 30. It shall be the duty of the supervisors of Erie county to provide and furnish suitable places for holding the terms of said court and the transaction of its business, and for the office of the clerk, and in case the said supervisors neglect or refuse to provide such rooms or furniture for the same, said court is hereby authorized to direct, by an order, such person or persons as shall be named in such order to provide such rooms and furniture, which shall be provided by such person or persons at the expense of the said county. [Sections 31 to 35 repealed by L. 1886, ch. 593.] Grand jurors. § 36.* From the list of jurors returned under the twenty-eighth *Sections 28 and 29, although repealed in 1877, as above noted, are here given in order to render intelligible the reference to them in this section. They were superseded by Code Civ. Proc., §§ 303–305. § 28. The assessors of the said city shall, in the month of May next, and in the month of May in each second year thereafter, make out, return and file with the clerk of said court, a list of not less than six hundred residents of said city, not exempt from jury duty, qualified to serve as petit jurors in said court. The said court may from time to time order the said assessors to make out a new or further list of jurors, and enforce such order by proceedings for contempt. (Thus amended by L. 1857, ch 361.] $29. From the list so returned by the assessors, the clerk of said court, in the presence of one of the justices thereof, shall, at least fourteen days before the time appointed for the holding of a term of said court for the trial of issues of fact by a jury or for the trial of indictments, without any previous notice thereof, draw thirty-six persons, or such other number as the court may order, to serve as petit jurors; such drawing shall be conducted in the manner prescribed by law in relation to the drawing of petit jurors by county clerks; and the sheriff of Erie county shall summon the persons so drawn, in the manner prescribed by law for summoning juries in the supreme court. The jurors attending said court shall be paid by the county of Erie the |