Court may make $208. The court may also, from time to time, make such regularules con- tions, concerning the money and securities specified in this article, making deposits, keeping accounts, and drawing money, as it deems proper; but each regulation, so made, must be entered in the min cerning money. State reporter is the reporter of the court of appeals. His duty. Not to be interested in publication; for publi utes. Laws of 1863, ch. 200, § 6. ARTICLE THIRD. THE STATE REPORTER; PUBLICATION AND DISTRIBUTION OF THE REPORTE. SEC. 209. State reporter is the reporter of the court of appeals. 210. His duty. 211. Not to be interested in publication; contracts for publication. 212. Copyright of reports. 213. Secretary of State to distribute reports. 214. Unreported decisions, etc., to be delivered by reporter to successor. 215. Opinions, etc., not to be delivered, except, etc. 216. Certain opinions to be deposited with clerk. § 209. The reporter appointed by the court of appeals is styled the State reporter; and each provision of a statute, wherein the State reporter is mentioned, applies to the officer thus appointed. New. In the constitution, art. 6, §§ 2 and 5, and in Laws of 1869, ch. 698, § 2; 7 Edm. St. 467, this officer is referred to as the reporter of the court of appeals; while in the Laws of 1869, ch. 645, § 1; 1870, ch. 281, § 1; id., ch. 492, § 2, and of 1871, ch. 718, § 1, he is styled "the State reporter." See 1 Wait's Pr. 284. $ 210. The State reporter must report every cause, determined in the court of appeals, which the court directs him, or which the public interest, in his judgment, requires him to report. To enable him to perform that duty, the judges of the court must deliver to him the written opinions, rendered in each cause so determined. Each decision of the court, which is reported, must be so reported as soon as practicable after it is made; and if the reporter neglects faithfully to perform that duty, it is the duty of the court to remove him from office. Laws of 1847, ch. 280, part of § 73, § 1; 4 Edm. St. 592, with amendas amended by Laws of 1848, ch. 224, ments. § 211. The State reporter shall not have any pecuniary interest in the reports: but a contract for the publication thereof, under his contracts supervision, must, from time to time, be made, in behalf of the peocatior ple, by the State reporter, secretary of State, and comptroller, with the person or persons who agree to furnish to the secretary of State, so many copies of each volume, as may be needed to enable him to comply with the next section but one; and also to publish and sell the reports, on terms the most advantageous to the public, regard being had to the proper execution of the work, and at a price not exceeding three dollars for a volume of not less than five hundred pages. Each contract, so entered into, must provide for the publication of the reports, for three years from the expiration of the time, specified for that purpose in the last contract. If the State reporter, secretary of State, and comptroller unite in determining, that a contract has not been faithfully kept by the person or persons agreeing so to publish the reports, they may, by an instrument in writing under their hands, filed in the office of the secretary of State, annul the same from a time specified in the instrument; and thereupon they may enter into a new contract, for the publication of the reports, for three years from the time so specified. Before entering into a contract, the State reporter, secretary of State, and comptroller must advertise for, receive, and consider proposals for the publication of the reports. First sentence adopted from id., § 2, amended. right of $212.* Neither the State reporter nor any other person shall Copyobtain a copyright for the opinions contained in the reports; and the reports. same may be published by any person. But the copyright of the statements of facts, of the head-notes, and of all other notes or references, prepared by the State reporter, must be taken by, and shall be vested in the secretary of State, for the benefit of the people of the State. Laws of 1850, ch. 245, § 1, amending Laws of 1848, ch. 224, § 3; id., §2; 4 Edm. St. 592, 598, consolidated of State tribute § 213. Of the copies of each volume of the reports, furnished to Secretary the secretary of State, he must deliver one to the clerk of each to discounty, for the use of the county, and deposit one in the office of reports. the attorney-general, one with the clerk of the court of appeals, for the use of that court, and three in the State library. Laws of 1847, ch. 280, § 74; 4 Edm. St. 577. etc., to be § 214. A State reporter must, on the appointment of his succes- Unreported sor, deliver to him all papers in his hands, pertaining to a cause decisions, which he has not reported, or which are not necessary to be retained delivered by him, to complete the publication of a volume, which is then porter to partly printed. Laws of 1865, ch. 555, § 2; 6 Edm. St. 521. by re successor. $215. A State reporter, after the expiration of his term of office, Opinions, shall not deliver a paper specified in the last section, or a copy thereof, to be de etc., not livered, except, etc. Certain opinions to be deposited with clerk. to any person other than his successor in office, or the publisher of a partly printed volume; except that a copy of such a paper may be furnished by him, during a vacancy in the office, to a judge of the court, or to the attorney for a party to the cause to which it relates. Substituted for Laws of 1865, ch. 555, § 2; 6 Edm. St. 521, § 3. § 216. The State reporter must deposit with the clerk of the court, all opinions delivered to him, which are not to be reported, immediately after the publication of the reports of the other cases, decided at the same time. They must be properly filed and preserved, by the clerk. Id., § 4, amended to conform with § 210, ante. TITLE II. The supreme court, including the circuit courts. ARTICLE 1. Jurisdiction and powers; designations of terms; distribution of business among the terms and judges; attendants upon the sittings; miscellaneous provisions. 2. The supreme court reporter. 3. Stenographers. ARTICLE FIRST. JURISDICTION AND POWERS; DESIGNATIONS OF TERMS; DISTRIBUTION OF BUSI- SEC. 217. General jurisdiction of supreme court. 218. Supreme court may change place of trial of actions pending in other courts. 219. Judicial departments; general terms. 220. Presiding and associate justices; how long to act. 221. Vacancies; how filled. 222. Assignment of duties to justice whose designation is revoked. 223. Designation, etc., to be filed with secretary of State. 224. Presiding and associate justices may act out of their departments. 225. Times and places of holding general terms; how appointed. 226. Appointment to be published. 227. Appointment may be made or filed after the prescribed time. 228. When associate justice to preside, etc. 230. General term, held by two justices. Re-argument, etc. 231. When cause to be heard in another department. 232. Appointments of special terms, circuit courts, and courts of oyer and terminer. 233. Publication of appointments. 234. Governor may appoint extraordinary terms; justices to hold them. SEC. 235. General powers and duties of justices. 236. Governor may appoint in New-York city, judge of other court to hold terms. 237. Governor to designate justices to hold courts in certain cases. 238. Place of holding the terms. 239. Special terms adjourned to chambers; trials thereat. 240. Judges of superior court of Buffalo may make orders. Sheriff's duty. 241. What judges may perform duties of justice at chambers. jurisdic supreme § 217. The general jurisdiction in law and equity, which the General supreme court of the State possesses, under the provisions of the tion of constitution, includes all the jurisdiction, which was possessed and court. 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. Compiled from 2 R. S. 180, 205; 4 Edm. St. 560. See 1 Wait's Pr. 291, et seq.; Fellows v. Heermans, 13 Abb. N. S. 1, 6; Boyd v. Dowie, 65 Barb. court may place of actions in other § 218. The supreme court, upon the application of either party, Supreme may, and, in a proper case, must make an order, directing that an change issue of fact, joined in an action or special proceeding, pending in trial of any other court of record, except a superior city court, the marine pending court of the city of New-York, or a county court, be tried at a cir- courts. cuit 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. Laws of 1847, ch. 280, § 49; 4 Edm. 569, amended. See post, §§ 269, 319, 343. depart § 219. The departments, into which the State is divided, for the Judicial purposes of organizing and holding general terms of the supreme ments; general court, are styled, in this act, judicial departments. There is a gen- terms. eral term of the supreme court in each judicial department, composed of a presiding justice and two associate justices, designated from the whole bench of justices of the supreme court, as prescribed in the Presiding and associate justices; next two sections. The justices so designated are styled in this act, general term justices. The last sentence is new. The whole section is designed as an introduction to the following five sections, consisting of a revision of a part of the Laws of 1870, ch. 408, as amended by Laws of 1875, ch. 616. See 1 Wait's Pr. 293, 294. § 220. A presiding justice shall act as such, during his official term as a justice of the supreme court, and an associate justice for five how long years from the thirty-first day of December, next after his designa to act. Vacan cles; how alled. Designation, etc. sec retary of State. tion; or until the earlier close of his official term. But the governor may, at any time, upon the written request of a general term justice, revoke his designation. Laws of 1870, portions of § 3, as amended by Laws of 1875, ch. 616. $221. Within three months before a vacancy is to occur by lapse of time, or as soon after its occurrence as practicable, the governor must designate, from the whole bench of justices of the supreme court, another presiding or associate justice, as the case requires. The person so designated shall act as presiding or associate justice, for the period specified in the last section. When a vacancy occurs, for any cause except lapse of time, the governor must designate a presiding or associate justice, as the case requires. An associate justice, thus designated, shall act for his predecessor's unexpired time, or until the earlier close of his official term. Laws of 1870, ch. 408, part of § 3; 7 Edm. St. 728, as amended by Laws of 1875, ch. 616, remodelled. § 222. Where the governor revokes the designation of a general to be fled term justice, as prescribed in the last section but one, he may prescribe the duties to be performed by that justice, in holding court in any part of the State, from the time of such revocation until the taking effect of the next appointment of terms, as prescribed in section 232 of this act, for the judicial department to which that justice belongs. Assignment of duties to Justice whose designa tion is revoked. Presiding and asso New provision. § 223. A designation of a general term justice, or a revocation thereof, must be in writing, and filed in the office of the secretary of State. The request of the justice whose designation is revoked, must be filed with the revocation. The first section is framed in accordance with provisions of the act of 1870, ch. 408; 7 Edm. St. 728. The second sentence is new. § 224. A presiding justice, designated for a judicial department, olate may preside at a general term, held in another department, if the |