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appeals, to the supreme court, to county courts, and to the CHAP. XI. superior court of the city of New York.

19 B., 666; 8 Ab., 273; 4 Ab., 44; 3 Ab., 108, 136; 1 Ab., 123.

PART I.

OF THE COURTS OF JUSTICE, AND THEIR JURISDICTION.

TITLE I. Of the Courts in general.

II. Of the Court of Appeals.
III. Of the Supreme Court; Circuit Courts; and Courts of

Oyer and Terminer.
IV. Of the County Courts.
V. Of the Superior Court, and Court of Common Pleas in the

city of New York, and the Mayors' and Recorders'

Courts in other cities.
VI. Of the Courts of Justices of the Peace.
VII. Of Justices' and other inferior Courts in cities.

TITLE I.

OF THE COURTS IN GENERAL. Sec. 9. The several courts of this state.

10. Their jurisdiction generally. S 9. The following are the courts of justice of this state: The several

courts of 1. The court for the trial of impeachments.

this state. 2. The court of appeals. 3. The supreme court. 4. The circuit courts. 5. The courts of oyer and terminer. 6. The county courts. 7. The courts of sessions. 8. The courts of special sessions. 9. The surrogates' courts. 10. The courts of justices of the peace. 11. The superior court of the city of New York.

12. The court of common pleas for the city and county of New York.

13. The mayors' courts of cities.
14. The recorders' courts of cities.
15. The marine court of the city of New York.
16. The justices' courts in the city of New York.
17. The justices' courts of cities.
18. The police courts.

11 B., 472; 8 Ab., 273. S 10. These courts shall continue to exercise the jurisdic- Their fario tion now vested in them respectively, except as otherwise diction

generally, prescribed by this act.

26 B., 223; 1 Ab, 113.

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Cases in

OF THE COURT OF APPEALS.
SEC. 11. Its jurisdiction.

12. May reverse, affirm or modify judgment or order appealed from.
13. Terms of the court. Preference of causes.
14. Number of judges who may give judgment.
15. Sheriffs to provide rooms, &c., for court.
16. Court may be adjourned to places other than those designated by law.

$ 11. The court of appeals shall have exclusive jurisdiction
which court
of appeals to review upon appeal every actual determination hereafter
shall have
exclusive

made at a general term by the supreme court, or by the supejurisdiction rior court of the city of New York, or the court of common

pleas for the city and county of New York, or the superior
court of the city of Buffalo, in the following cases, and no
other:

1. In a judgment in an action commenced therein, or
brought there from another court; and upon the appeal from
such judgment, to review any intermediate order involving
the merits, and necessarily affecting the judgment.

2. In an order affecting a substantial right, made in such action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken and when such order grants or refuses a new trial; but no appeal to the court of appeals, from an order granting a new trial, shall be effectual for any purpose, unless the notice of appeal contain an assent on the part of the appellant, that if the order be affirmed, judgment absolute shall be rendered against the appellant. Upon every appeal from an order granting a new trial, if the court of appeals shall determine that no error was committed in granting the new trial, they shall render judgment absolute upon the right of the appellant; and after the proceedings are remitted to the court from which the appeal was taken, any assessment of damages or other proceeding to render the judgment effectual, may be there had, in cases where such subsequent proceedings are requisite.

3. In a final order affecting a substantial right made in a special proceeding, or upon a summary application, in an action after judgment.

But such appeal shall not be allowed in an action originally commenced in a court of a justice of the peace, or in the marine court of the city of New York, or in an assistant justice's court of that city, or in a justice's court of any of the cities of this state, unless any such general term shall, by order duly entered, allow such appeal before the end of the next term after which such judgment was entered. The foregoing prohibition shall not extend to actions discontinued before a justice of the peace, and prosecuted in another court, pursuant to section sixty and sixty-eight of this Code.

Amended by Laws of 1851, ch. 479; 1852, ch. 392 ; 1857, ch. 723;

1862, ch. 460.
22 N. Y., 320; 20 N. Y., 527; 19 N. Y., 211, 532; 18 N. Y., 232, 488

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17 N. Y., 161; 16 N. Y., 244, 296, 611; 15 N. Y., 594; 12 N. Y.,

CHAP. XI.
34; 11 N. Y., 55, 275, 277; 6 N. Y., 465; 4 N. Y., 417; 2 N. Y., 188,
567; 1 N. Y., 424; 27 B., 633; 22 B., 276, 503; 8 B., 353; 7 B.,
582; 20 How. P. R., 7, 18 How. P. R., 533; 16 How. P. R., 567;
9 How. P. R., 95; 8 How. P. R., 328; 6 How. P. R., 280, 320; 5
How. P. R., 199; 4 How. P. R., 78, 140, 215, 364; 3 How. P. R.,
334, 364, 417, 418, 419, 420, 425, 426; 13 Ab., 183; 12 Ab., 120;

11 Ab. 16, 328; 9 Ab., 174; 6 Ab., 127; 4 Ab., 108; 3 Ab. 58.
$ 12. The court of appeals may reverse, affirm or modify May to
the judgment or order appealed from, in whole or in part, modify
and as to any or all of the parties; and its judgment shall be or Srder,
remitted to the court below, to be enforced according to law. from.

26 B., 223; 17 How. P. R., 394; 10 How. P. R., 371; 4 How. P. R., 184;

1 Ab., 263. $ 13. There shall be four terms of the court of appeals, in Terms of each year, to be held at the capitol in the city of Albany, on

the court. the first Tuesday of January, the fourth Tuesday of March, the third Tuesday of June, and the last Tuesday of September, and continued for as long a period as the public interests may require. ' But the judges of the said court may, in their discretion, appoint one of said terms in each year to be held in the city of New York.

Additional terms shall be appointed and held at the same place by the court, when the public interest requires it. The court may, by general rules, provide what causes shall have a preference on

the calendar. On 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 return on the first appeal.

Amended by Laws of 1851, ch. 479; 1852, ch. 392; 1858, ch. 306; 1859,

ch. 428; 1862, ch. 460; 1863, ch. 392. S 14. The concurrence of five judges is necessary to pro- Namber of nounce a judgment. If five do not concur, the case must be may give reheard. But no more than two rehearings shall be had, and judgment. if, on the second rehearing, five judges do not concur, the judgment shall be affirmed.

As amended by Laws of 1851, ch, 479.

3 N. Y., 376, 556. § 15. If at a term of the court of appeals, proper and con- Sheriffs to venient rooms, both for the consultation of the judges and rooms, &c.,

for court. 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.

14 N. Y., 580. $ 16. The court of appeals may be held in other buildings Court may than those designated by law as places for holding courts, ed to places and at a different place in the same city from that at which it

other than

which court

PART III.

TITLE II.

OF THE COURT OF APPEALS.
SEC. 11. Its jurisdiction.

12. May reverse, affirm or modify judgment or order appealed from.
13. Terms of the court. Preference of causes.
14. Number of judges who may give judgment.
15. Sheriffs to provide rooms, &c., for court.

16. Court may be adjourned to places other than those designated by law. Cases in $ 11. The court of appeals shall have exclusive jurisdiction of appeals to review upon appeal every actual determination hereafter shall have exclusive

made at a general term by the supreme court, or by the supejurisdiction rior court of the city of New York, or the court of common

pleas for the city and county of New York, or the superior court of the city of Buffalo, in the following cases, and no other:

1. In a judgment in an action commenced therein, or brought there from another court; and upon the appeal from such judgment, to review any intermediate order involving the merits, and necessarily affecting the judgment.

2. In an order affecting a substantial right, made in such action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken and when such order grants or refuses a new trial; but no appeal to the court of appeals, from an order granting a new trial, shall be effectual for any purpose, unless the notice of appeal contain an assent on the part of the appellant, that if the order be affirmed, judgment absolute shall be rendered against the appellant. Upon every appeal from an order granting a new trial, if the court of appeals shall determine that no error was committed in granting the new trial, they shall render judgment absolute upon the right of the appellant; and after the proceedings are remitted to the court from which the appeal was taken, any assessment of damages or other proceeding to render the judgment effectual, may be there had, in cases where such subsequent proceedings are requisite.

3. In a final order affecting a substantial right made in a special proceeding, or upon a summary application, in an action after judgment.

But such appeal shall not be allowed in an action originally commenced in a court of a justice of the peace, or in the marine court of the city of New York, or in an assistant justice's court of that city, or in a justice's court of any of the cities of this state, unless any such general term shall, by order duly entered, allow such appeal before the end of the next term after which such judgment was entered. The foregoing prohibition shall not extend to actions discontinued before a justice of the peace, and prosecuted in another court, pursuant to section sixty and sixty-eight of this Code.

Amended by Laws of 1851, ch. 479; 1852, ch. 392; 1857, ch.723;

1862, ch. 460. 22 N. Y., 320; 20 N. Y., 527; 19 N. Y., 211, 632; 18 N. Y., 232, 488

17 N. Y., 161; 16 N. Y., 244, 296, 611; 15 N. Y., 594; 12 N. Y.,

CHAP. XI. 34; 11 N. Y., 55, 275, 277; 6 N. Y., 465; 4 N. Y., 417; 2 N. Y., 188, 567; 1 N. Y., 424; 27 B., 633; 22 B.,' 276, 503; 8 B., 353; 7 B., 582; 20 How. P. R., 7, 18 How. P. R., 533; 16 How. P. R., 567; 9 How. P. R., 95; 8 How, P. R., 328; 6 How. P. R., 280, 320; 5 How. P. R., 199; 4 How. P. R., 78, 140, 215, 364; 3 How. P. R., 334, 364, 417, 418, 419, 420, 425, 426; 13 Ab., 183; 12 Ab., 120;

11 Ab., 16, 328; 9 Ab., 174; 6 Ab., 127; 4 Ab., 108; 3 Ab. 58. $ 12. The court of appeals may reverse, affirm or modify May for the judgment or order appealed from, in whole or in part, modify and as to any or all of the parties; and its judgment shall be or order remitted to the court below, to be enforced according to law. appealed

26 B., 223; 17 How. P. R., 394; 10 How. P. R., 371; 4 How. P. R., 184;

i Ab., 263.

$ 13. There shall be four terms of the court of appeals, in Terms of each year, to be held at the capitol in the city of Albany, on

the court. the first Tuesday of January, the fourth Tuesday of March, the third Tuesday of June, and the last Tuesday of September, and continued for as long a period as the public interests may require. But the judges of the said court may, in their discretion, appoint one of said terms in each year to be held in the city of New York.

Additional terms shall be appointed and held at the same place by the court, when the public interest requires it. The court may, by general rules, provide what causes shall have a preference on the calendar.

On 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 return on the first appeal.

Amended by Laws of 1851, ch. 479; 1852, ch. 392; 1858, ch. 306; 1859,

ch. 428; 1862, ch. 460; 1863, ch. 392. $ 14. The concurrence of five judges is necessary to pro- Namber of nounce a judgment. If five do not concur, the case must be may givo reheard. But no more than two rehearings shall be had, and judgment. if, on the second rehearing, five judges do not concur, the judgment shall be affirmed.

As amended by Laws of 1851, ch, 479.

3 N. Y., 376, 556. $ 15. If at a term of the court of appeals, proper and con- Sheriffs to venient rooms, both for the consultation of the judges and rooms, &c., 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.

14 N. Y., 580. S 16. The court of appeals may be held in other buildings Court may than those designated by law as places for holding courts, ed to places and at a different place in the same city from that at which it

other than

for court.

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