CERTIFICATE OF THE SECRETARY OF STATE. OFFICITATE OF NEW-YORK 88.: I, EDGAR K. APGAR, Deputy and Acting Secretary of State, do hereby certify that the following book contains a correct transcript of the CODE OF CIVIL PROCEDURE, passed June 2, 1876, as amended and completed by the acts of the legislature passed since its enactment. IN WITNESS WHEREOF, I have hereunto set my signature, at the city of Albany, this first day of September, in the year one thousand eight hundred and seventy-seven. EDGAR K. APGAR, Deputy and Acting Secretary of State. THE CODE OF CIVIL PROCEDURE. 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, represented 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 II-PROVISIONS OF GENERAL APPLICATION, RELATING 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. Miscellaneous provisions relating to the sittings of the courts. Courts. Courts of record enumer ated. Courts not of record. § 1. The courts referred to in this act, are enumerated in the next two sections. Courts-martial are not included in this section. People ex rel. Underwood v. Daniell, 50 N. Y. (5 Sick.) 275; 6 Lans. 44. A court-martial is a court within art. 1, § 6, of the State constitution, and a person, prosecuted before that court for an offence, has a right to appear and defend by counsel. People ex rel. Garling v. Van Allen, 55 N. Y. (10 Sick.) 31. As to courts and their officers, see 1 Wait's Pr. 221-410, and the cases there cited. § 2. [Amended, 1877.] 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 supreme court. 4. A circuit court in each county. 5. A court of oyer and terminer in each county. 6. The court of common pleas for the city and county of NewYork. 7. The superior court of the city of New-York. 8. The court of general sessions of the peace in and for the city and county of New-York. 9. The superior court of Buffalo. 10. The city court of Brooklyn. 11. The city court of Long-Island City. 12. The city court of Yonkers. 13. A county court in each county, except New-York. 14. A court of sessions in each county, except New-York. 15. The marine court of the city of New-York. The amendment of 1877 added subd. gates' courts courts of record. Code Pro., § 9. § 3. [Amended, 1877.] Each 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 certain cities and villages. 5. The justices' court of the city of Troy. 6. The municipal court of the city of Rochester. Code Pro., § 9. provision diction, § 4. [Amended, 1877.] Each of those courts shall continue to General exercise the jurisdiction and powers now vested in it by law, accord- as to jurising to the course and practice of the court, except as otherwise etc. prescribed in this act. See Wait's Code, 23-26, and the cases there cited in the notes; see, also, Code Pro., § 469, which is given in a subsequent part of this volume. Courts of equity have no general supervisory power over the government of municipal corporations, or over the acts and proceedings of their governing bodies. Phelps v. City of Watertown, 61 Barb. 121. In relation to expressing the subject of an act by its title, see People ex rel. Grissler v. Ďudley, 58 N. Y. (13 Sick.) 323; Devlin v. Mayor, etc., of New York, 63 N. Y. The courts of this State have no ARTICLE SECOND. GENERAL POWERS AND ATTRIBUTES OF THE COURTS. SEC. 5. The sittings of courts to be public. 6. Courts not to sit on Sunday, except in special cases. 7. General powers of courts of record. 8. Criminal contempts defined. 9. Punishment for criminal contempts. 10. Such contempts in view of court; how punished, etc. 11. Requisites of commitment. 12. Preceding sections limited. 13. Indictment, if offence is indictable. 14. Contempts punishable civilly. 15. No punishment for non-payment of interlocutory costs. 16. Id.; money due upon a contract. 17. Rules of courts of record, how made and revised. 18. Rules to be published. 19. Courts to order calendar printed. 20. Expense to be a county charge. 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. |