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JUL 3 0 1929

Copyright, 1917

Edward Thompson Company





In pursuance of the authority vested in me, by section 932 of the Code of Civil Procedure, I, Francis M. Hugo, Secretary of State, hereby certify that the copies of the laws contained in this volume are correct transcripts of the text of the original laws, and in accordance with such section are entitled to be read in evidence.

Given under my hand and the seal of office of the Secretary of State, at the Capitol in the City of Albany, this 5th day of July,


[L. S.]

Secretary of State.

The annotations in this book close with the cases reported in the following volumes:

218 New York

172 Appellate Division

95 Miscellaneous

160 New York Supplement

The Supplement will cover decisions from these points.


General Note

The "Judiciary Law" is proposed as a new chapter of the "Consolidated Laws." It is composed for the greater part of substantive material taken from the Code of Civil Procedure relating to the organization of the Court of Appeals, the Appellate Division, the Supreme Court, and the County Court, and the powers and duties of the members and officers thereof. Many independent statutes relating to these courts have been included and here will also be found under the respective heads the salaries to be paid to the judges of the courts and to the other officers connected therewith, which are now scattered through numerous statutes passed during the last forty years.

The material inserted in this law has been classified with care in order to bring related matters together; for example, under the heading “ Court of Appeals" will be found sections outlining the organization of the court, fixing the salaries of the judges and stating the general functions of the judges, including their powers and duties as to the appointment and removal of the clerks, reporter, attendants and other officers. The provisions pertaining to the powers, duties and compensation of these various officers will be found under their respective articles.

The first article of the law is the uniform article relating to short title. The second article contains general provisions relating to courts and judges, and this is followed by articles relating respectively to the Court of Appeals, the Appellate Division, the Supreme Court and the County Court. Then will be found an article containing general provisions relating to officers of courts followed by articles relating respectively to clerks, stenographers, attendants and messengers, criers, interpreters, sheriffs and constables, reporters and attorneys and counselors. The Code provisions relating to the selection of trial jurors for a term and procuring their attendance have been placed in this law, also the Code material relating to civil and criminal contempts and the procedure for the collection of fines imposed by courts of record.

The report of the Board of Statutory Consolidation is dated June 26, 1907, and the Consolidated Laws were enacted in 1909. The legislation for 1908 was examined by the board and any changes that affected the laws as reported in 1907 were embodied in the laws as reported by the board to the legislature of 1909.

Consolidators' Notes

The former second judicial district of the Supreme Court was divided into two districts, namely, the second and ninth, by L. 1906, Ch. 294. It has been considered since that time that the statutes then in existence relating to the second district became applicable to the ninth district upon its establishment. The Legislature of 1907 recognized this application of the statutes by its appropriation acts at the session of 1907, in which acts the members and officers of the Supreme Court in the ninth district were allowed the compensation to which they were entitled by law prior to the division of the former second district. This construction of the statutes mentioned has also been made by the Attorney-General, and is followed by the Comptroller in apportioning and paying salaries. Because of the above facts the statutes which have been consolidated in the Judiciary Law and which in terms now relate only to the second district have been applied to the ninth district.

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