Supreme court rules-Further rules - Appeals from.

supreme court with the like effect as an appeal from a judgment or order of any judge or special term of that court. Laws of 1870, ch. 470, § 17.

ARTICLE VII.

RULES.

Section 1. Supreme court rules. All laws regulating the practice of the supreme court, and the general rules of that court, are binding upon the city court of Brooklyn, so far as they are applicable to the transaction of its business. Laws of 1870, ch. 470, § 4; Laws of 1870, ch. 408, § 13. The chief judge of this court is entitled to a seat in the convention of judges, which meets every two years to revise the rules. Laws of 1870, ch. 408, 13.

Section 2. Further rules. The court may, in its discretion, make such further rules as it may deem necessary in regard to the transaction of business before it, provided they are not inconsistent with the general rules of the supreme court. General Rules, 96.

a. To supreme court. An appeal may be taken to the general term of the supreme court from any judgment or final determination of this court at general term, or from any intermediate order involving the merits and necessarily affecting the judgment in any action.

1. Where the plaintiff's judgment is less than $1,000, exclusive of costs.

2. Where the action is to recover the possession of personal property of less than $1,000 in value.

3. Where, in an action for money, the amount claimed is less than $1,000, exclusive of costs. Laws of 1870, ch. 470, § 6. The provisions relative to appeals from courts of inferior jurisdiction to the supreme court, apply to these appeals. Ib.

The decision of the supreme court, affirming the determina

Appeals to general term.

tion appealed from, is final, unless it allows an appeal to the court of appeals. Ib.

An order setting aside a verdict and granting a new trial, is one from which an appeal will lie to the supreme court, although the order is entered and the appeal taken before judgment. Gannon v. Campbell, 19 Abb. 164, note; Moore v. Wood, 19 How. 405; Bennett v. The City of Brooklyn, id. 310.

b. To the court of appeals. In all actions other than those in which an appeal will lie to the supreme court, an appeal may be taken from an actual determination of this court at general term to the court of appeals in the cases provided by section 11 of the Code. Laws of 1870, ch. 470, § 7.

All provisions of law relative to appeals to the court of appeals apply to these. Id.

Section 2. Appeals to general term.

a. When they may be taken. Appeals may be taken to the general term of this court, upon the law, from a judgment entered upon the report of referees, or the direction of a single judge, in all cases; appeals upon the facts may be taken when the trial is by the court or referees. Laws of 1870, ch. 470, § 5.

Appeals may be taken to the general term from an order made at special term, or by a single judge of the court, in the cases provided by section 349 of the Code, and all the provisions of chapter 4, title 11, of the Code, apply to such appeals. Ib. See § 2, art. 5 of this chapter, ante, 378.

b. Removal of appeals. Appeals to the general term of this court may be removed to the general term of the supreme court, when the judges are not competent to act therein. Laws of 1870, ch. 470, § 17. See article 6 of this chapter.

Section 3. Appeals from inferior courts. This court has no appellate jurisdiction over the determinations of inferior courts.

CHAPTER XIV.

COUNTY COURTS.

ARTICLE I.

ORGANIZATION.

Section 1. Early courts in this State. Under the name of the court of common pleas, the county courts were established by an act of the general assembly passed in the year 1691, which was the first year of the regular government of the Province of New York; hence it is one of the oldest judicial organizations of the State, its establishment being coeval with the earliest judicature.

The act was passed originally to continue two years, and was re-enacted from time to time until 1697, when it was permanently continued and was never repealed. See Paine and Duer's Prac., Appendix.

In its early organization there was one judge with three justices in each county, appointed and commissioned by the general assembly to hold the court, three of whom constituted a quorum. Colonial Session Laws (Bradf. ed. of 1694), 2, 64.

The section under which this court was organized was as follows: "And for the more regular and beneficial distribution of justice to the inhabitants of each respective city and county within this province. Be it further enacted by the authority aforesaid, that there be kept and held a court of common pleas in each respective city and county within this province, at the times and places hereafter named and expressed: That is to say, at such places in each respective county as the said court of sessions is to be kept, and to begin the next day after the sessions terminates, and only to hold and continue for the space and time of two days and no longer; and that there be one judge, with three justices, in each county, appointed and commissioned to hold the same court of pleas, three whereof to be a quorum. And that the several and respective courts, hereby established, shall have jurisdiction to hear, try, and finally to determine all actions or cause of actions, and all matters, and things, and causes triable at the common law, of what nature or kind soever."

Court before 1846- Under constitution of 1846.

A reprint of the entire act may be found in the appendix to Paine & Duer's Practice (see 2 Paine & Duer's Pract. 716), which is not only historically curious, but also very important, as it is the outline or framework of that judicial system which, under our free institutions, has grown to such beautiful proportions. The only original copy extant is found in Bradford's Colonial Session Laws, edition of 1694, cited above.

From this time to the establishment of the State government these courts remained, substantially, under the same organization; and, with but few changes which were rendered necessary by the new State constitution, they were continued to the time of the Revised Statutes in the year 1830.

Section 2. Court before 1846.

a. In general. By the Revised Statutes these courts were reorganized and continued. They provided, that there shall continue to be a court of common pleas in each county of this State, which shall possess the powers and exercise the jurisdiction which belonged to the courts of common pleas of the several counties of the colony of New York, with the additions, limitations and exceptions, created and imposed by the constitution and laws of this State. The court at this time consisted of five judges in each county of the State, except the city and county of New York (see Common Pleas of New York), a first judge and four judges of the common pleas who were appointed by the governor with the consent of the senate, and who held their office for five years. Amend. Const. of 1826(1), art. 6, §7; id., art. 5, § 6. These judges, or any three of them, were empowered to hold the court of common pleas in their respective counties. 2 R. S. (208) 217, § 2. Beside this, authority was given by other statutes, to the first or some other judge under certain circumstances and for specific purposes to hold the court alone. Graham on Jurisdiction, 76. The court was, at this time, a court of record (Foot v. Stevens, 17 Wend. 483), and it continued under such organization until the adoption of the constitution of 1846, when it was re-organized and materially altered.

Section 3. Under constitution of 1846.

a. In general. The constitution of 1846 provided for the election in each of the counties of the State, except the city and county of New York (see Common Pleas of New York), of one county judge, who was authorized to hold the county court, etc. Const. of 1846, art. 6, § 14. This officer was elected for the term

Present organization.

of four years, and received a salary fixed by the board of supervisors of the respective counties, and which could not be increased or diminished during his continuance in office. Ib.

In case of the inability of the county judge to act, or in case of a vacancy, the legislature was empowered to provide for the election of an officer to discharge the duties of the office. Const. of 1846, art. 6, § 15.

These courts were courts of record, each having a clerk and seal. See Kundolf v. Thalheimer, 17 Barb. 506; S. C. reversed on the merits, 12 N. Y. (2 Kern.) 593; 2 R. S. 210 (219), SS 12, 14.

Thus organized they remained (see 4 Stat. at Large, Edm. Ed. 564; Laws of 1847, ch. 470), until the adoption of the amended' judiciary article of 1869.

Section 4. Present organization. By the sixth article of the constitution, as ratified and adopted December 6, 1869, the county courts were continued as they at that time existed so far as their powers and jurisdiction were concerned. Const., art. 6, § 15.

The judges in office at that time were continued until the expiration of their respective terms, and their successors were authorized to be chosen by the electors of the several counties for the term of six years. Ib.

The compensation of the county judge is to be established by law, and such salary cannot be diminished during his term of office. Const., art. 6, § 15. In case of the inability of the county judge to act, or in case of a vacancy, the legislature may, on application of the board of supervisors, provide for the election .of an officer to perform the duties of county judge. Const., art. 6, § 16. The county judge is not permitted to receive to his own use any fees or perquisites of office. Const., art. 6, § 21. These officers may be removed by the senate, on the recommendation of the governor, if two-thirds of all the members elected concur therein; but the cause thereof must be entered in the journals, and the party complained of must have an opportunity of being heard. Const., art. 6, § 11. The county judge of any county may preside at courts of sessions, or hold county courts in any other county, except New York and Kings, when requested by the judge of such other county. Const., art. 6, § 15.