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§ 16. The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of County Judge and of Surrogate, in cases of their inability or of a vacancy, and in such other cases as may be provided by law, and to exercise such other powers in special cases as are or may be provided by law.

17. The electors of the several towns shall, at their annual town meetings, or at such other time and in such manner as the Legislature may direct, elect Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the Peace and judges or justices of inferior courts not of record, and their clerks, may be removed for cause, after due notice and on opportunity of being heard, by such courts as are or may be prescribed by law. Justices of the Peace and District Court Justices may be elected in the different cities of this State in such manner, and with such powers, and for such terms, respectively, as are or shall be prescribed by law; all other judicial officers in cities, whose election or appointment is not otherwise provided for in this article, shall be chosen by the electors of such cities, or appointed by some local authorities thereof.

§ 18. Inferior local courts of civil and criminal jurisdiction may be established by the Legislature, but no inferior local court hereafter created shall be a court of record. The Legislature shall not hereafter confer upon any inferior or local court of its creation, any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon County Courts by or under this article. Except as herein otherwise provided, all judicial officers shall be elected or appointed at such times and in such manner as the Legisla. ture may direct.

$ 19. Clerks of the several counties shall be clerks of the Supreme Court, with such powers and duties as shall be prescribed by law. The Justices of the Appellate 'Division in each department shall have power to appoint and to remove a clerk who shall keep his office at a place to be designated by said Justices. The Clerk of the Court of Appeals shall keep his office at the seat of government. The Clerk of the Court of Appeals and the clerks of the Appellate Division shall receive compensation to be established by law and paid out of the public treasury.

20. No judicial officer, except Justices of the Peace, shall receive to his own use any fees or perquisites of office; nor shall any Judge of the Court of Appeals, or Justice of the Supreme Court or any County Judge or Surrogate hereafter elected in a county having a population exceeding one hundred and twenty thousand, practice as an attorney or counselor in any court of record in this State, or act as referee. The Legislature may impose a similar prohibition upon County Judges and Surrogates in other counties.

No

one shall be eligible to the office of Judge of the Court of Appeals, Justice of the Supreme Court, or, except in the county of Hamilton, to the office of County Judge or Surrogate, who is not an attorney and counselor of this State.

§ 21. The Legislature shall provide for the speedy publi. cation of all statutes; and shall regulate the reporting of the decisions of the courts; but all laws and judicial decisions shall be free for publication by any person.

§ 22. Justices of the Peace and other local judicial offi. cers provided for in sections seventeen and eighteen, in office when this article takes effect, shall hold their offices until the expiration of their respective terms.

§ 23. Courts of Special Sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be prescribed by law.

THE

CODE OF CIVIL PROCEDURE.

[L. 1876, C. 448 AS AMENDED.]

AN ACT RELATING TO COURTS, OFFICERS OF JUSTICE,

AND CIVIL PROCEEDINGS.

Passed June 2, 1876; three-fifths being present.

The People of the State of New York, represent-
ed in Senate and Assembly, do enact
as follows:
CHAPTER I.

GENERAL PROVISIONS RELATING TO COURTS, AND
THE MEMBERS AND OFFICERS THEREOF.

TITLE I-THE COURTS OF THE STATE; THEIR GENERAL
POWERS AND ATTRIBUTES, AND GENERAL REGULATIONS
PERTAINING TO THE EXERCISE THEREOF.

TITLE IL-PROVISIONS OF GENERAL APPLICATION, RELA-
TING TO THE JUDGES, AND CERTAIN OTHER OFFICERS OF
THE COURTS.

TITLE I.

The courts of the State; their general powers and attributes, and general regulations pertaining to the exercise thereof.

ARTICLE 1. Enumeration and classification.

2. General powers and attributes of the courts.

3.

? 1. Courts.

Miscellaneous provisions relating to the sittings of the

courts.

ARTICLE FIRST.

ENUMERATION AND CLASSIFICATION.

2. Courts of record enumerated.

3. Courts not of record.

4. General provision as to jurisdiction, etc.

1. The courts referred to in this act, are enumerated

in the next two sections.

10 Daly, 148. 15 Hun, 588. 86 N. Y. 357.

§ 2. [Am'd 1877, 1895, 1897.] Each of the following courts of the State is a court of record.

1. The court for the trial of impeachments.

2. The court of appeals.

3. The appellate divi-ion of the supreme court in

each department.

21205, Consol. Act.

19 Abb. N. C. 54.

23 1162, 1213, 1288 Consol.

Act.

94 N. Y. 342

4. The supreme court.

5. The court of general sessions of the peace in and for the city and county of New York.

6. The city court of Long Island City.

7. The city court of Yonkers.

8. A county court in each county, except New York. 9. The city court of the city of New York. 10. The mayor's court of the city of Hudson. 11. The recorder's court of the city of Utica. 12. The recorder's court of the city of Oswego. 13. The justices court of the city of Albany. 14. A surrogate's court in each county.

15. [Added, is97.] The court of claims.

§3. [Am'd 1877, 1895, amendment to take effect January 1, 1896] Ea h of the following courts of the State is a court not of record:

1. Courts of justices of the peace in each town, and in certain cities and villages.

2. Courts of special sessions of the peace in each town, and in certain cities and villages.

3. The district courts in the city of New York.* 4. The police courts in cerain cities and villages. 5. The just ce's court of the city of Troy, 6. The municipal court of the city of Rochester. 7. The municipal court of the city of Syracuse. 8. The municipal court of the city of Buffalo. § 4 [Am'd 1877.] Each of those courts shall continue to exercise the jurisdiction and powers now vested in it by law, according to the course and practice of the court, except as otherwise prescribed in this act.

ARTICLE SECOND.

GENERAL POWERS AND ATTRIBUTES OF THE COURTS.

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18.

17. Rules of courts of record,
i.ow made and revised.
Rules to be published.
19. Courts to order calendar
printed.

20. Expense of printing court
calendars.

21. Certain papers may be destroyed.

22. Writs, etc., in name of the
people, and in English;
abbreviations.

23. Id.; teste and return.
24. Id.: to be subscribed or
indorsed.
When error,

etc., not to vitiate,
25. No discontinuance by rea-
son of vacancy, etc.
26. In New York, one judge
may continue proceed-
ings commenced before
another.

27. Provisions respecting the seals of courts.

28. Seals of counties.

7 29. [Repealed 1892.]
30. New seals.

§ 5. [Am'd 1879.] The sittings of every court within this State shall be public, and every citizen may freely attend the same, except that in all proceedings and trials in cases for divorce on account of adultery, seduction, abortion, rape, assault with intent to commit rape, criminal conversation, and bastardy, the court may, in its discretion, exclude therefrom all persons who are not directly interested therein, excepting jurors, witnesses and officers of the court.

§ 6. A court shall not be opened, or transact any business on Sunday, except to receive a verdict or discharge a jury. An adjournment of a court on Saturday, unless made after a cause has been committed to a jury, must be to some other day than Sunday. But this section does not prevent the exercise of the jurisdiction of a magistrate, where it is necessary to preserve the peace, or, in a criminal case, to arrest, commit or discharge a person charged with an offence.

§ 7. A court of record has power:

1370 Con

83 N. Y. 164.

1. To issue a subpoena, requiring the attendance of a person sol. Act. found in the State, to testify in a cause pending in that court ; subject, however, to the limitations, prescribed by law, with respect to the portion of the State, in which the process of a local court of record may be served.

2. To administer an oath to a witness, in the exercise of the powers and duties of the court.

3. To devise and make new process and forms of proceedings, necessary to carry into effect the powers and jurisdiction possessed by it.

§ 8. A court of record has power to punish for a criminal contempt, a person guilty of either of the following acts, and

no others:

1. Disorderly, contemptuous, or insolent behaviour, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority.

2. Breach of the peace, noise, or other disturbance, directly tending to interrupt its proceedings.

3. Wilful disobedience to its lawful mandate.
4. Resistance wilfully offered to its lawful mandate.

5. Contumacious and unlawful refusal to be sworn as a witness; or, after being sworn, to answer any legal and proper interrogatory.

6. Publication of a false, or grossly inaccurate report of its proceedings. But a court cannot punish as a contempt, the publication of a true, full, and fair report of a trial, argument, decision, or other proceeding therein.

§ 9. Punishment for a contempt, specified in the last sec tion, may be by fine, not exceeding two hundred and fifty dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both in the discretion of the court. Where a person is committed to jail, for the non-payment of such a fine, he must be discharged at the expiration of thirty days; but where he is also committed for a definite time, the thirty days must be computed from the expiration of the definite time.

Abb. N.C.

69n.

1415 Consol. Act.

26 Hun, 1.
101, N. Y.245

24 NY. State
Rep. 292.
133 N.Y. 14
147 N.Y. 290.

10 App. Div.

25.

39 Hun, 626.

§ 10. Such a contempt, committed in the immediate view 82 H., 2 and presence of the court, may be punished summarily; when

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