« AnteriorContinuar »
a second and each subsequent appeal to the court of appeals, or when an appeal has once been dismissed for defect or irregularity, the cause shall be placed upon the calendar as of the time of filing the first appeal; and whenever in any action or proceeding in which the people this State, or any State officer, or any board of State officers, is or are sole plaintiff or defendant, an appeal has been or shall be brought from any judgment or order for or against him or them, in any court, such appeal shall have a preference in the supreme court and in the court of appeals, and may be moved by either party out of the order on the calendar.
$ 14. [14.] (Am’d 1849, 1851.) Judgment.— Rehearing.
The concurrence of five judges is necessary to pronounce a judgment. If five do not concur, the case must be reheard.
But no mo than two rehearings shall be had ; and if on the second rehearing five judges do not concur, the judgment shall be affirmed.
§ 15. Sheriff to provide rooms.
If, at a term of the court of appeals, proper and convenient rooms, both for the consultation of the judges 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. (Am’d 1851.) Court, where held.—Adjournment.
The court of appeals may be held in other buildings than those designated by law as places for holding courts, and at a different place, in the same city, from that at which it is appointed to be held. Any one or more of the judges may adjourn the court, with the like effect as if all were present.
Of the Supreme Court, Circuit Courts, and Courts of Oyer and
SECTION 17. Existing statutory provisions as to terms, &c., repealed.
18. General terms.
§ 17. (15.] (Am’d 1849.) Terms.
All statutes now in force providing for the designation of the times and places of holding the general and special terms of the supreme court, and the circuit courts, and courts of oyer and terminer, and of the judges who shall hold the same, are repealed from and after the 1st day of July, 1848; and the order of the supreme court, adopted July 14, 1847, prescribing the times and places of holding the general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 1847, and for the years 1848 and 1849, and assigning the business and duties thereof to the several judges of the court, is, from and after the first day of July, 1848, abrogated, and the provisions of this title are substituted in place thereof.
§ 18. [16.] (Am’d 1849.) General terms.
At least four general terms of the supreme court shall be held annually in each judicial district, and as many more as the judges in such district shall appoint, at such times and places as a majority of the judges of such district shall appoint.
§ 19. (17.) Judgment, how given.
The concurrence of a majority of the judges holding a general term shall be necessary to pronounce a judgment. If a majority do not concur, the case shall be reheard.
$ 20. (18.] (Am’d 1849.) Special terms, &c.
There shall be at least two terms of the circuit court and court of oyer and terminer held annually in each of the counties of this State, and as many more terms thereof, and as many special terms, as the judges of each judicial district shall appoint therein ; but at least one 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.
8 21. [19.] (Am’d 1849.) Circuit and oyer and terminer together.
Circuit courts and courts of oyer and terminer shall be held at the same places, and commenced on the same day.
$ 22. [23.] (Am’d 1849.) Times and places of holding court.
The governor shall, on or before the first day of May, 1848, by appointment in writing, designate the times and places of holding the general and special terms, circuit courts and courts of oyer and terminer, and the judges by whom they 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, 1849. 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, 1850, and so on, for every two succeeding years, in their respective districts.
$ 23. [24.] Extraordinary terms, &c.
The governor may also appoint extraordinary general and special terms, circuit courts, and courts of oyer and terminer, whenever, in his judgment, the public good shall require it.
$ 24. [25.] (Am’d 1849, 1851, 1862.) Terms, where held.--Adjournments.
The places appointed within the several counties for holding the general and special terms, circuit 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.
And special-terms may be adjourned to be held at a future day at the chambers of any justice of said court residing within the district, by an entry in the same manner, and then adjourned from time to time, as the justice holding the same shall order and direct.
$ 25. [26.] Publication of appointment.
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. [28.] Inability of judge.
In case of the inability, for any cause, of a judge assigned for that purpose, to hold a special term or circuit court, or sit at a general term, or preside at a court of oyer and terminer, any other judge may do so.
$ 27. [30.] (Am'd 1849.) Business out of court.-Proceedings in first district.
The judges shall, at all reasonable times, when not engaged in holding court, transact such other business as may be done out of court. Every proceeding commenced before one of the judges, in the first judicial district, may be continued before another, with the same effect as if commenced before him.
§ 28. [31.) Rooms, &c.
The supervisors of the several counties shall provide the courts appointed to be held therein with 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.
Of the County Courts.
SECTION 29. Repeal of existing statutes.
§ 29. [32.] Repeal of existing statutes.
All statutes now in force conferring or defining the jurisdiction of the county courts, so far as they conflict with this act, are repealed; and those courts shall have 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.
8 30. [33.] (Am’d 1849, 1851, 1852, 1860.) Jurisdiction.
The county court has jurisdiction in the following 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.
2. The exclusive power to review, in the first instance, a judgment rendered in a civil action by a justice's court in the county, or by a justice's court in cities, and to affirm, reverse, or modify such judgment.
3. The foreclosure or satisfaction of a mortgage, and the sale of mortgaged premises situated within the county, and the collec