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The courts of the State ; their general powers and attri.
butes, and general regulations pertaining to the exercise
2. General powers and attributes of the courts.
ENUMERATION AND CLASSIFICATION.
SEC. 1. Courts
2. Courts of record enumerated. 3. Courts not of record. 4. General provision as to jurisdiction, etc. $ 1. Courts. — The courts referred to in this act, are enumerated in the next two sections. Designed to exclude courts-martial, etc.
§ 2. [Amended, 1895.] Courts of record enumerated. — Each of the following courts of the State is a court of record :
1. The court for the trial of impeachments.
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.(2) 9. The city court of the city of New York.(3) * 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. 4)* 14. A surrogate's court in each county.(5) In effect Jan. 1, 1896; L. 1895, ch. 946. Co. Proc., part of 9; 2 R. L., 1813, 8; 2 R. $. 218, 84 and 9; L. 1844, 319, 1; L 1843, ch. 374, X 1, am'd L. 1849, ch. 134; 2 R. 8. 224, 8:1-8; L. 1821, ch. 47, and acts amending same; L. 1854, ch. 96; L. 1819, ch. 125 ;
1322, ch. 218; L. 1871, ch. 461, 4; L. 1872, ch. 627, and id., ch. 866, 11; L. 1573, ch. 61; L. 1874, ch. 171; L. 1875, ch. 68. (1) People v. Green, 5 X. Y. 296. (2) Betts v. Williams, 15 Barb. 255. (3) Bennet v. Moody, 2 Hall, 471; Wheaton Fellows, 23 Wend. 375; Watson v.
13 id. 31 : Lester v. Redmond, 6 ilill, 590; Carter o. Dailemore, 2 Sandf, 222, Huff o. Knapp, 5 N. Y. 65; Porter v. Bronson, 19 Abb. 236 ; 29 Hlow. 22. (1) People . Austin, 13 Barb. 313; Scott 0. Rushman, 1 Cow. 212; Wheaton r. Fellows, 23 Wend. 375. (5) People v. Corlies, i Sandf. 247 People v. Barnes, 12 Wend. 192; Paff v. Kinney, I Bradi. 1; Sheldon . Wright, 3 N. Y.'497; Matter of Latson, 1 Duer, 696; Matter of Watsoa, 3 Lans. 408; Stilwell v. Carpenter, 59 N. Y. 414; Roderigas u. Savings Institution, 63 id. 460; Wallace o. Swinton, 64 id. 188.
$ 3. [Arcenced, 1895.] Courts not of record. Each of the following courts of the State is a court not of record :
1. Couris 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.
Co. Proc., 29; L. 1834, ch. 271, and acts amending the same (3 R. Ben Sth ed., 417); L. 1872, ch. 129, 11; L. 1876, ch. 196.
$ 4. (Amended, 1877.) General provision as to juris diction, etc. — - 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. Co. Proc., # 10, and part of 469.
GENERAL POWERS AND ATTRIBUTES OF THE COURT BEO. 5. The sittings of courts to be public.
6. Courts not to sit on Sunday, except in special caset.
* Name changed to "City Court,” Laws 1884, ch. 122.
bac 14. Contempts punishable civiliy.
15. No punishment for non-payment of interlocutory costs.
30. New seals. § 5. (Amended, 1879.] Courts when sittings to be private. - 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. 2 R. S. 274, 81 (3 R. S., 5th ed., 465; 2 Edm. 284).
$ 6. Courts not to sit on Sunday, except in special cases. 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.
Ia., :7, adding the words, "commit or discharge", in the last on Pulling 1. People, 8 Barb. 384; Vanderwerker o. People, 5 Wend, 530; Btory t. Eliot, 8 Cow. 27; Morris v. Orane, 4 Ch. Sent. 6; Isaac8 . Beth Gamedrash Society, 1 Hilt. 469 : Gould v. Spencer, 5 Palge, 341; Wright e. Jeffrey, á Cow. 15; Rob o. Moffat, 3 Johns. 257; Hoghtailng o. Osborn, 15 kl. 119: Roberts v. Bower, 5 Hun, 558; see Langabler o. Railroad, 16 Am. Rep. 350.
$ 7. General powers of courts of record. A court of record has power:
1. To issue a subpoena, requiring the attendance of a person found in the State, to testify in a cause pending In that court; subject, however, to the limitations pro scribed by law, with respect to the portion of the State, in which the process of a local court of record may be derved.
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 pro ceedings, necessary to carry into effect the powers and jurisdiction possessed by it. ? R. 8. 276. 81 (3 R. 8., 5th ed., 468; 2 Edm. 287).
§ 8. Criminal contempts defined. -- 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 behavior, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceed. ings, or to in pair the respect due to its authority.(1)
2. Breach of the peace, noise, or other disturbance, directly tending to interrupt its proceedings.
3. Wilful disobedience to its lawful mandate.(2)
4. Resistance wilfully offered to its lawful man date.(3)
5. Contumacious and unlawful refusal to be sworn as 8 witness; or, after being sworn, to answer any legal and proper interrogatory.(4)
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.(5) Id., & 10. (1) People v. Kelly, 24 N. Y. 74; 8. C., 24 How. 369; affirming 21 1. 54; 12 Abb. 150; Thwing v. Dennie, Quincy (Mass.), 338; U. 8. . Emerson, 4 Cranch's 0. C. 188; Hill v. Crandall, 52 111. 70; In re Cooper, 32 Vt. 238; State v. Copp, 15 N. H. 212; see, also, 7 Alb. L. J. 129 and 130; Elm. Select Cases, 140; Matter of Van Hook, 3 City Hall Rec. 69; Matter of Spooner, 5 id. 109; 2 Bish. Cr. L., & 252. (2) Mitchell's Case, 13 Abb. Pr. 249; Sudlow o. Knox, 7 Abb. Pr. (N. S.) 411; Matter of Stacy, 10 Johns. 328. (3) See post, & 14, subd. 3. (4) Bowen v. Hunter, 45 How. 193 ; 7 Alb. L. J. 129; Onderdonk o. Ranlett, 3 Hill, 329; Kiernan . Abbott, 3 T. & C. 755; s. c., 1 Hun, 109; People v. Fancher, 4 T. & C. 467; 1. C., 2 Hun, 226; Heard o. Pieree, 8 Cush. 333; People v. Kelly, 24 N. Y. 14 ; see post, & 14, subd. 5. (5) People v. Freer, i Cal. 394 ; People o. Compton, Duer, 512; People v. Sturtevant, 9 N. Y. 263; People v. Keily, 24 id. 74; affirming 12 Abb. 150, 21 How. 54; Fassett v. Tallmadge, 14 Abb. 188; see People v. Wilson, 16 Am. Rep. 528, and cases cited.
8 9. Punishment for criminal contempts. - Punish. ment for a contempt, specified in the last section, 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 como mitted 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.
2 R. 8. 276, 8 11. Macy v. Jordan, 2 Dento, 570; People e. Spalding, 19 Palge, 284; People v. Fancher, 4 T. & C. 467; 8. C., 2 Hun, 226, Matter of Watson, 5 Lans. 466 ; Klugman's Case, 49 How. 484 ; Matter of Jacobs, id. 370; People v. Sturtevant, 9 N. I. 263; afirming I Duer, 612; Holl v. L'Kplatinier, 5 Daly, 634.
§ 10. Such contempts in view of court; how puna ished, etc. -- Such a contempt, committed in the immediste view and presence of the court, may be punished summarily ;(1) when not so committed, the party charged must be notified of the accusation, and have a reasonable time to make a defence.(2)
Id., 12. (1) People o. Kelly, 24 N. Y. 74; People o. Wilson, 16 Am. Rep. 522; 7 Alb. L. J. 129. (2) People v. Oyer and Terminer, 27 llow. 14; Ackroyd .. Ackroyd, 3 Daly, 38; Matter of Smethurst, 2 Sandi. 724; Pitt e. Davison, 37 N. Y. 235.
$11. Requisites of commitment.- Where a person is committed for such a contempt, the particular circumstances of his offence must be set forth in the mandate of commitment.
Id. & 13. Dewitt v. Dennis, 30 How. 131; People o. Fancher, 4 T. & C. 167; People v. Connors, 15 Abb. N. S. 430.
$ 12. Preceding sections limited. - The last four sections do not extend to a special proceeding to punish a person, in a case specified in section 14 of this act. Id., & 14.
$ 13. Indictment, if offence is indictable. Puniab ment for a contempt, as prescribed in this article, does not bar an indictment for the same offence ; but where & person who has been so punished is convicted on such an indictment, the court, in sentencing him, must take into consideration the previous punishment. Id., 8 15.
8 14. Contempts punishable civilly.- A court of record has power to punish, by fine and imprisonment, or either, å neglect or violation of duty, or other mis conduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in either of the following cases :
1. An attorney,(1) counsellor, clerk, sheriff,(2) coro aor, or other person, in any manner duly selected I appointed to perform a judicial or ministerial ser