THE Code of Civil Procedure of the STATE OF NEW YORK. 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. See. 1. Courts. ARTICLE FIRST. Enumeration and classification. 2 Courts of record enumerated.. 3. Courts not of record. 4. General provisions as to Jurisdiction, etc. {1. Courts. The courts referred to in this act, are enumerated in the next two sections. § 2. [Am'd, 1895-1897.] 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. 2. The court of appeals. 3. The appellate division of the supreme court in each de partment. 4. The supreme court. 5. The court of general sessions of the peace in and 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. 10. The mayor's court of the city of Hudson. Co. Proc., part of $9; 2 R. L., 1813, § 8; 2 R. 8. 218, §§ 4 and 9; L. 1844, ch. 319, § 1; L. 1848. ch. 874, § 1, am'd L. 1849, ch. 134; 2 R. S. 224, §§ 1-5; L. 1821. ch. 47, and acts amending same; L. 1854, ch. 96; L. 1849, ch. 125; L. 1822, ch. 218; L. 1871, ch. 461, §4; L. 1872, ch. 627, and id., ch. 866, § 1; L. 1873, ch. 61; L. 1874, ch. 171; L. 1875, ch. 68; L. 1895, ch. 946, L. 1897, ch. 36. In effect March 9, 1897. § 3. [Am'd, 1895.] Courts not of record. 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.t 6. The municipal court of the city of Rochester. 7. The municipal court of the city of Syracuse. 8. The municipal court of the city of Buffalo. Co. Proc., 9; L. 1834, ch. 271, and acts amending the same (3 R. S.. 5th ed., 417); L. 1872, ch. 129, § 11; L. 1876, ch. 196; L. 1895, ch. 946. § 4. [Am'd, 1877.] General provision as to jurisdiction, 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 aet. Co. Proc., 10, and part of § 469. Name changed to "City Court of Albany," L. 1884, ch. 122. † Name changed to "City Court of Troy," L. 1900, ch. 259. Sec. ARTICLE SECOND. General powers and attributes of the courts. 5. The sitting 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. 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. 25. No discontinuance by reason of vacancy, etc. 26. In New-York, and Brooklyn continuance of proceedings commenced before judges. 27. Provisions respecting the seals of courts. 28. Seals of counties. 29. [Repealed.] 30. New seals. $5. [Am'd, 1879.] The sittings of courts to be public. 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, crim nal 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, § 1 (3 R. S., 5th ed., 465; 2 Edm. 284). 6. [Am'd, 1900.] special cases. Courts not to sit on Sunday, except in 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 offense, or the granting of an injunction order by a justice of the supreme court when in his judgment it is necessary to prevent irremediable injury or the service of a summons with or without a complaint if accompanied by an injunction order and an order of such justice permitting service on that day. Id., 7; L. 1900, ch. 135. In effect Sept. 1, 1900. § 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 prescribed by law, with respect to the portion of the State in which the process of a local court of record may be served. either before or after the termination of this suit, shall permit a copy of any of the pleadings or testimony, or of the substance of the details thereof, to be taken by any other person than a party or the attorney or counsel of a party, who has appeared in the cause, without a special order of the court. No judgment in an action for a divorce shall be entered except upon the special direction of the court. Rule 77. Receiver of debtor's estate; powers and duties; costs. Every receiver of the property and effects of the debtor shall, unless restricted by the special order of the court, have general power and authority to sue for and collect all the debts, demands and rents belonging to such debtor, and to compromise and settle such as are unsafe and of a doubtful character. He may also sue in the name of a debtor, where it is necessary or proper for him to do so; and he may apply for and obtain an order of course that the tenants of any real estate belonging to the debtor, or of which he is entitled to the rents and profits, attorn to such receiver, and pay their rents to him. He shall also be permitted to make leases, from time to time, as may be necessary, for terms not exceeding one year. And it shall be his duty, without any unreasonable delay, to convert all the personal estate and effects into money; but he shall not sell any real estate of the debtor without the special order of the court, until after judgment in the cause. He is not to be allowed for the costs of any suit brought by him against an insolvent from whom he is unable to collect his costs, unless such suit is brought by order of the court, or by the consent of all persons interested in the funds in his hands. But he may, by leave of the court, sell such desperate debts, and all other doubtful claims to personal property, at public auction, giving at least ten days' public notice of the time and place of such sale. Rule 78, Suits by receiver; costs. Whenever a receiver, appointed under proceedings supplementary to execution, shall apply for leave to bring an action, he shall present and file with his application the written request of the creditor in whose behalf he was appointed, that such action be brought; or else he shall give a bond with sufficient security and properly acknowledged and approved by the court, to the person against whom the action is to be brought, conditioned for the payment of any costs which may be recovered against such receiver. And leave to bring action shall not be granted except on such written request or on the giving of such security. In all other cases where a receiver applies to the court for leave to bring an action, he shall show in such application that he has sufficient property in his actual possession to secure the person against whom the action is to be brought for any costs which he may recover against such receiver; otherwise the court may require the receiver to give such bond conditioned for the payment of costs, and with such security as is above mentioned. Rule 79. Who may be referee. Except in cases provided for by section 1011 of the Code of Civil Procedure, no person, unless he is an attorney of the courts in good standing, shall be appointed sole referee for any purpose in any pending action or proceeding. Nor shall any person |