ARTICLE THIRD. The State reporter; publication and distribution of the reports. Sec. 209. State reporter is the reporter of the court of appeals. 210. His duty. 211. Reporter not to be interested in publication; contracts for pub lication. 212. Copyright of reports. 213. Secretary of State to distribute reports. 214. Unreported decisions, etc., to be delivered by reporter to suc cessor. 215. Opinions, etc., not to be delivered, except, etc. 216. Certain opinions to be deposited with clerk. §§ 209-211. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, §§ 60-61, 430, 431, 433.] § 212. [Repealed by L. 1909, chs. 23 and 35. See Consolidated Laws, tits. Executive Law, § 31, Judiciary Law, § 435.] § 213. [Repealed by L. 1909, ch. 23. See Consolidated Laws, tit. Executive Law, § 32.] §§ 214-216. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, §§ 256, 432, 434.] 36 CIVIL TITLE II. The supreme court, including special and trial terms. Article 1. Jurisdiction and powers; designation of terms; distribution of business among the terms and judges; attendants upon the sittings; miscellaneous provisions. 2. The supreme court reporter. ARTICLE FIRST. Jurisdiction and powers; designation of terms; distribution of business among the terms and judges; attendants upon the sittings; miscellaneous provisions. Sec. 217. General jurisdiction of supreme court. 218. Supreme court may change place of trial of actions pending in other courts. 219. Judicial departments. 220. Jurisdiction of appellate division and powers of justices thereof. 221. Clerks, attendants and stenographers. 222. Governor may revoke designation. 223. Designation, etc., to be filed with secretary of State. 224. [Repealed.] 225. Times and places of holding terms of appellate division; how ap pointed. 226. Appointment to be published. 227. [Repealed. J 228. When associate justice to preside. 229. Hearing of appeals when title to public office is involved. 230. Number of justices necessary for a decision. 231. Reargument, etc., when cause to be heard in another department. 232. Appointments of terms of the supreme court. 233. Publication of appointments. 234. Governor may appoint extraordinary terms; justices to hold them. 235. Powers of justices of the supreme court. 236. [Repealed.] 237. Governor to designate justices to hold courts in certain cases. 238. Place of holding the terms. 239. Trial of action at chambers after adjournment of special term. 240. [Repealed.] 241. What judges may perform duties of justice at chambers. 242. Officers required to attend a term of the appellate division; sheriff's duty. 243. Fees of such officers; how paid. 217. General jurisdiction of supreme court. The general jurisdiction in law and equity, which the supreme conrt of the State possesses, under the provisions of the constitution, includes all the jurisdiction, which was possessed and exercised by the supreme court of the colony of New York, at any time, and by the court of chancery in England, on the 4th day of July, 1776; with the exceptions, additions, and limitations, created and imposed by the constitution and laws of the State. Subject to those exceptions and limitations, the supreme court of the State has all the powers and authority of each of those courts, and exercises the same in like manner. 1 R. S. 173, § 36; id. 196, § 1; and L. 1847, ch. 280, § 16. 218. [Am'd, 1895.] Supreme court may change place of trial of actions pending in other courts. The supreme court, upon the application of either party, may, and, in a proper case, must make an order, directing that an issue of fact, joined in an action or special proceeding, pending in any other court of record, except the city court of the city of New York, or a county court, to be tried at a term of the su preme court in another county, on such terms, and under such regulations as it deems just; and thereupon the issue must be tried accordingly. After the trial, the clerk of the county, in which it has taken place, must certify the minutes thereof; which must be filed with the clerk of the court, in which the action or special proceeding is pending. The. subsequent proceedings in the last mentioned court must be the same, as if the issue had been tried therein. L. 1895, ch. 946. § 219. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, § 70.] $ 220. [Am'd, 1895, 1903.] Jurisdiction of Appellate Division and powers of justices thereof. No justice of the appellate division shall exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division or to the hearing and decision of motions submitted by consent of counsel.* From and after the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms, and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city court of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. Am'd by L. 1909, ch. 65. Also partly repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, $$ 71, 72, 77. 81, 82, 85, 90. See note 33 of notes of Board of Statutory Consolidation at end of code. §§ 221-223. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, §§ 72-73, 101, 106, 109, 111, 267, 268, 270, 271, 307, 347.] § 224. [Repealed Jan. 1, 1896; L. 1895, ch. 946, § 2.] $ 225. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, § 78.] $226. [Repealed by L. 1909, chs. 23, 35 and 58. See Consolidated Laws, tits. Executive Law, § 33, Judiciary Law, § 79, State Finance Law, § 46.] $227. [Repealed Jan. 1, 1896; L. 1895, ch. 946.] $ 228. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, $ 80.] $ 229. [Added, 1896, 1909.] Hearing of appeals when title to public office is involved. An appeal from a judgment or decree in any case in which the question of the title to a public office is directly or collaterally at issue or in any manner involved, may be placed on the calendar But see Const., art. VI, § 2, as am'd in 1905. and noticed for hearing on any day in the appellate division of the supreme court, in the first department, or in the court of appeals, and shall be heard on said day. See L. 1896, ch. 560. Amended by L. 1909, ch. 65. Also partly repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, § 148. bote 34 of notes of Board of Statutory Consolidation at end of code. $230. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, § 82.] { 231. [Am'd, 1895, 1900, 1915.] Reargument, et cetera, when cause to be heard in another department. Where in any case four justices of the appellate division in any department are not qualified to sit therein, or where the justices qualified to bear the appeal are equally divided, the court must direct the same to be sent to another department to be specified in the order to be there heard and determined. Where in any case when an appeal to the appellate division of any department comes on for argument, and the justice before whom the action was tried or who granted the order appealed from, is a member of such appellate division, the appellant may make an application to such appellate division for, and the court may grant, an order directing that such appeal be sent to an adjoining department to be specified in the order, to be there heard and determined. The appellate division may in any other appeal make an order in the furtherance of justice, directing that such appeal be sent to the appellate division of any department to be there heard and determined. L. 1870, ch. 408, pts. of §§ 6, 10. Amended by L. 1895, ch. 946; L. 1900, ch. 209; L. 1915, ch. 553, in effect May 8, 1915. 232. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, §§ 28, 29, 84, 96, 148-150.] See Con 233. [Repealed by L. 1909, chs. 23, 35 and 58. solidated Laws, tits. Executive Law, § 33, Judiciary Law, § 151, State Finance Law, § 46.] 234. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, §§ 79, 153.] ¦ 235 [Am'd, 1895, 1900, 1909.] the supreme court. Powers of justices of Any justice of the supreme court has power to hold a special or trial term of the supreme court for the whole or any portion of The term; and to act upon any business, which regularly comes before the term in which he is sitting, except where he is personally disqualified from sitting, in a particular action or special proceeding. Each justice must, at all reasonable times, when not engaged in holding court, transact such judicial business as may be done out of court. Also L. 1895, ch. 946; L. 1900, ch. 384. Amended by L. 1909, ch. 65. See Consolidated Laws, tit. Judiciary Jarly repealed by L. 1909, ch. 35. Law, $ 155. See note 35 of notes of Board of Statutory Consolidation at and of Code. 1236. [Repealed Jan. 1, 1896; L. 1895, ch. 946.] #237-238. [Repealed by L. 1909, ch. 35. Laws, tit Judiciary Law, §§ 86, 152.] See Consolidated § 239. (Am'd, 1909.] Trial of action at chambers after adjournment of special term. An action triable by the supreme court, without a jury, which was upon the calendar of the term before it was adjourned as provided in section one hundred and forty-eight of judiciary law, may be tried at a term so adjourned, and held at chambers, by consent of both parties, but not otherwise. Co. Proc., part of § 24. Amended by L. 1909, ch. 65. Also partly repealed by L. 1909, ch. 35. See Consolidated Laws. tit. Judiciary Law, $$ 148, 276, 364, 404. See note 36 of notes of Board of Statutory Consolidation at end of code. § 240. [Repealed Jan. 1, 1896; L. 1895, ch. 946.] § 241. [Added, 1910.] What judges may perform duties of justices at chambers. A county judge within his county possesses, and upon proper application must exercise, the power conferred by law in general language upon an officer authorized to perform the duties of a justice of the supreme court at chambers or out of court. Added by L. 1910, ch. 575. In effect June 22, 1910. This section takes the place of the same section which was repealed by Judiciary Law (L. 1909, ch. 35), § 800. 40 CIVIL |