CHAPTER III. CIVIL JURISDICTION OF THE PRINCIPAL COURTS OF RECORD; ORGANIZATION; MEMBERS, AND OFFICERS THEREOF; DISTRIBUTION, AND DISPATCH OF BUSINESS THEREIN. TITLE I. THE COURT OF APPEALS. TITLE II.-THE SUPREME COURT, INCLUDING THE CIRCUIT COURTS. TITLE III.-THE SUPERIOR CITY COURTS. TITLE IV.-THE MARINE COURT OF THE CITY OF NEW YORK. ARTICLE 1. Jurisdiction, and mode of exercising the same; general powers; terms and sittings. 2. The clerk of the court. 3. The State reporter; publication and distribution of the reports. ARTICLE FIRST. JURISDICTION, AND MODE OF EXERCISING THE SAME; GENERAL POWERS; TERMS AND SITTINGSSECTION 190. Cases in which court of appeals has jurisdiction. 191. Exceptions and qualifications. 192. Appeals from certain orders, how heard. 193. Court may make rules. 194. Remittitur; when judgment absolute to be rendered, and proceedings thereupon. 195. Second and subsequent appeals. 196. Times and places of holding terms. 197. Court may be held in any building; adjournments. 198. Officers to be appointed by court. $ 190. The jurisdiction of the court of appeals in civil actions. The court of appeals has exclusive jurisdiction to review upon appeal every actual determination made prior to the last day of December, eighteen hundred and ninety-five, at a general term of the supreme court, or by either of the superior city courts, as then constituted, in all cases in which, under the provisions of law existing on said day, appeals might be taken to the court of appeals. From and after the last day of December, eighteen hundred and ninety-five, the jurisdiction of the court of appeals shall, in civil actions and proceedings, be confined to the review upon appeal of the actual determination made by the appellate division of the supreme court in either of the following cases, and no others: 1. Appeals may be taken as of right to said court, from judgments or orders finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants stipulate that upon affirmance, judgment absolute shall be rendered against them. 2. Appeals may also be taken from determinations of the appellate division of the supreme court in any department where the appellate division allows the same, and certifies that one or more questions of law have arisen which, in its opinion, ought to be reviewed by the court of appeals, in which case the appeal brings up for review the question or questions so certified, and no other; and the court of appeals shall certify to the appellate division its determination upon such questions. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] 36 §191. Limitations, exceptions and conditions.-The jurisdiction conferred by the last section is subject to the following limitations, exceptions and conditions: 1. No appeal shall be taken to said court, in any civil action or proceeding commenced in any court other than the supreme court, court of claims, county court, or a surrogate's court, unless the appellate division of the supreme court allows the appeal by an order made at the term which rendered the determination, or at the next term after judgment is entered thereupon and shall certify that in its opinion a question of law is involved which ought to be reviewed by the court of appeals. 2. No appeal shall be taken to said court from a judgment of affirmance hereafter rendered in an action to recover damages for a personal injury, or to recover damages for injuries resulting in death, or in an action to set aside a judgment, sale, transfer, conveyance, assignment or written instru ment, as in fraud of the rights of creditors, or in an action to recover wages, salary or compensation for services, including expenses incidental thereto, or damages for breach of any contract therefor, or in an action upon an individual bond or individual undertaking on appeal, when the decision of the appellate division of the supreme court is unanimous, unless such appellate division shall certify that in its opinion a question of law is involved which ought to be reviewed by the court of appeals, or unless in case of its refusal to so certify, an appeal is allowed by a judge of the court of appeals. [SUBD. 2 AM'D BY CH. 592, L. 1900. In effect Sept. 1, 1900.] 3. The jurisdiction of the court is limited to a review of questions of law. 4. No unanimous decision of the appellate division of the supreme court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the court of appeals. [AM'D BY CH. 574 or 1898. In effect April 27, 1898.] $192. Appeals from orders. Repealed by chapter 946 of 1895. To take effect January 1, 1896. 37 § 193. Court may make rules. The court may from time to time make, alter, and amend, rules, not inconsistent with the Constitution or statutes of the State, regulating the practice and proceedings in the court, and the admission of attorneys and counsellors at law, to practice in all the courts of record of the State. § 194. Remittitur; when judgment absolute to be rendered, and proceedings thereupon. The judgment or order of the court of appeals must be remitted to the court below, to be enforced according to law. Upon an appeal from an order granting a new trial, on a case or exceptions, if the court of appeals determines that no error was committed in granting the new trial, it must render judgment absolute upon the right of the appellant; and after its judgment has been remitted to the court below, an assessment of damages, or any other proceeding, requisite to render the judgment effectual, may be had in the latter court. § 195. Second and subsequent appeals. Upon a second and each subsequent appeal, including a case where a former appeal has been dismissed for a defect or irregularity, the time of filing the return, upon the first appeal, determines the place of the cause upon the calendar. § 196. Times and places of holding terms. The terms of the court of appeals must be appointed to be held, at such times and places as the court thinks proper, and continued as long as the public interest requires. §197. Court may be held in any building; adjournments. A term of the court may be appointed to be held in a building, other than that designated by law for holding courts. A term may be adjourned from the place where it is appointed to be held, to another place in the same city. One or more of the judges may adjourn a term, without day, or to a day certain. § 198. Officers to be appointed by court. The court may, from time to time, by an order entered in its minutes, appoint and remove its clerk, its reporter, and such attendants as it deems necessary. ARTICLE SECOND. THE CLERK OF THE Court. SECTION 199. Clerk of the court of appeals to give bonds; rooms for his office. 200. To appoint a deputy. Powers of deputy. 201. May employ assistants in his office. Special deputy. § 199. Clerk of the court of appeals to give bond; rooms for his office. The clerk of the court of appeals, before entering upon the duties of his office, must subscribe and file the Constitutional oath of office, and must execute and file in the Comptroller's office a bond to the people of the State, in the penalty of twenty-five thousand dollars, with two sufficient sureties, approved by the Comptroller and conditioned for the faithful performance of the duties of his office. If the bond is forfeited by a breach of its condition, the court of appeals must, by order, direct an action to be brought thereon. The money recovered must be applied, under the direc tion of the court of appeals, to indemnify the persons aggrieved by the breach, in proportion to their respective losses, and to make good any other 38 loss, occasioned by the breach. The clerk must keep his office at the city of Albany, and the trustees of the State Hall must assign him suitable rooms therein for that purpose. $ 200. To appoint a deputy. Powers of deputy. The clerk, by a writing, under his hand and the seal of the court, filed in his office, from time to time must appoint, and may at pleasure remove, a deputy-clerk, who is entitled to a salary, fixed and to be paid as prescribed by law. Before entering upon his duties, the deputy-clerk must subscribe and file in the elerk's office the Constitutional oath of office. While the clerk is absent from his office, or from the sitting of the court, or the office of clerk is vacant, the deputy-clerk has all the powers and is subject to all the duties of the clerk. $201. May employ assistants in his office. Special deputy. [AMENDED BY CH. 416 OF 1877.] The clerk may, with the approbation of the in writing of the judges of the court or a majority of them, employ as many assistants in his office as are necessary. He may from time to time appoint, and at pleasure remove, his assistants. Each assistant is entitled to a compensation, fixed and to be paid as prescribed by law. The clerk may appoint one of his assistants as special deputy-clerk, who possesses, in the absence of the clerk and the deputy-clerk, the same power and authority as the clerk at any sitting of the court which he attends, with respect to the business transacted thereat. $202. Clerks for judges of the court of appeals.-Each judge of the court of appeals may appoint and at pleasure remove a clerk, who shall perform such services as the judge appointing him may require. He shall be entitled to a compensation to be fixed by such judge, not exceeding twelve hundred dollars a year, to be paid monthly by the comptroller upon the certificate of the judge. [ADDED BY CH. 221 OF 1897. In effect April 8, 1897.] $203. Offices for judge of the court of appeals.-The board of supervisors of a county in which a law library is maintained by the state shall, upon the request of a judge of the court of appeals who resides therein, provide and maintain for his use, suitable and commodious offices, approved by him. In case of the refusal or neglect of the board to comply with such request, the judge may rent and maintain at his place of residence offices suitable for his use and the expense thereof shall be a county charge. A judge of said court who resides in a county where there is no such library, may rent and maintain at his place of residence offices suitable for his use, and the necessary expense thereof shall be paid by the state treasurer upon the audit and warrant of the comptroller. [ADDED BY CH. 221 OF 1897. In effect April 8, 1897.] § 204. Repealed by ch. 135 of 1894. To take effect April 14, 1894. $205. Repealed by ch. 135 of 1894. To take effect April 14, 1894. $206. Repealed by ch. 135 of 1894. To take effect April 14, 1894. $207. Repealed by ch. 135 of 1894. 1894. To take effect April 14, 208. Repealed by ch. 135 of 1894. To take effect April 14, ARTICLE THIRD. THE STATE REPORTER; PUBLICATION AND DISTRIBUTION OF THE REPORTS. SECTION 209. State reporter is the reporter of court of appeals. 210. His duty. 211. Not to be interested in publication; contracts for publication. 213. Secretary of State to distribute reports. 214. Unreported decisions, etc., to be delivered by reporter to successor. 216. Certain opinions to be deposited with clerk. § 209. State reporter is the reporter of the court of appeals. 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. § 210. His duty. 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. § 211. Reporter not to be interested in publication; contracts for publication. The state reporter shall not have any pecuniary interest in the reports; but a contract for the publication thereof under his supervision must, from time to time, be made in behalf of the people by the state reporter, subject to the approval of the chief judge of the court of appeals, 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 two 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 five years from the expiration of the time specified for that purpose in the last contract. If the state reporter determines that a contract has not been faithfully kept by the person or persons agreeing so to publish the reports said reporter may, by an instrument in writing, under his hand, approved by the chief judge of the court of appeals, iled in the office of the secretary of state, annul the same from a time 40 |