REPEALING ACT. CHAPTER 417 OF 1877. REVISED STATUTES. The following provisions of the Revised Statutes are repealed: PART 1, Ch. 5, tit. 5, §§ 24, 25, 26, 27. PART 2, Ch. 1, tit. 5, §§ 5, 6. Ch. 3, §§ 16, 17, 27. Ch. 5, tit. 1, art. 1, all. Ch. 5, tit. 1, art. 6, § 17, the concluding portion beginning "but whenever any person shall have remained charged." PART 3, Ch. 1, tit. 1, art. 8, all. Ch. 1, tit. 2, all, except §§ 38, 39, 43, 45, and articles 6 and 7 of that title. Ch. 1, tit. 3, all. Ch. 1, tit. 4, §§ 1 to 27, both inclusive, and § 45. Ch. 1, tit. 5, all except §§ 4, 5, 6, 7, 21, 24, 25, 27, 28 and 29 thereof, and so much of §§ 11 and 14 thereof as relates to criminal courts. Ch. 2, tit. 4, gỗ 245, 246, 247, 248. Ch. 3, all, except tit. 1, § 14, and except tit. 2, §§ 40, 41, 44, 45, 48, and 54 to 61, both inclusive. PART 3, Ch. 5, tit. 5, § 22 to 29, both inclusive. Ch. 6, all, except tit. 2, §§ 12, 13; and except tit. 4, § 14, and except tit. 6, arts. 1 and 2. Ch. 7, all, except tit. 2, §§ 15, 16, and except tit. 3, §§ 63 to 70, both inclusive, and §§ 74, 75, 76. Ch. 8, tit. 1, all. Ch. 8, tit. 2, all. Ch. 8, tit. 3, § 8. Ch. 8, tit. 4, art. 1, all, except §§ 1, 2, 3, 12, 13, 14, 15. Ch. 8, tit. 6, so much of §§ 16 to 21 thereof, both inclusive, as relates to petit jurors, and §§ 37 to 42, both inclusive. Ch. 8, tit. 13, § 1. Ch. 8, tit. 17, all, except §§ 1, 13, 14, 15, 27, 28, 29, 30, 32, 35. Ch. 9, tit. 3, all, except § 66, and except so much of art. 3 as applies to appeals from surrogates' courts. TITLE I. Id; teste and return. Id.; to be subscribed or indorsed. When erJor, etc., names of process, and technical words, may be expressed in appropriate language, as now is, and heretofore has been customary; such abbreviations as are now commonly employed in the English language may be used; and numbers may be expressed by Arabic figures, or Roman numerals, in the customary manner. § 23. A writ or other process, issued out of a court of record, must be tested, except where it is otherwise specially prescribed by law, in the name of a judge of the court, on any day; must be returnable within the time prescribed by law; or, if no time is prescribed by law, within the time fixed by the court, and therein specified for that purpose; and, when returnable, must, together with the return thereto, be filed with the clerk, unless otherwise specially prescribed by law. § 24. A writ or other process, issued out of a court of record, must, before the delivery thereof to an officer to be executed, be subscribed or indorsed with the name of the officer by whom, or by whose direction it was granted, or the attorney for the party, or the person at not to viti whose instance it was issued. A writ or other process thus subscribed or indorsed, is not void or voidable, by reason of having no seal or a wrong seal thereon, or of any mistake or omission in the teste thereof, or in the name of the clerk, unless it was issued by special order of the court. ate. No discontinuance § 25. An action or special proceeding, civil or criminal, in a court of by reason record, is not discontinued by a vacancy or change in the judges of the of vacancy, court, or by the re-election or re-appointment of a judge; but it must etc. In New York, one judge may continue proceed be continued, heard and determined, by the court, as constituted at the time of the hearing or determination. After a judge is out of office, he may settle a case or exceptions, or make any return of proceedings, had before him while he was in office, and may be compelled so to do by the court in which the action or special proceeding is pending. § 26. In the city and county of New York, a special proceeding instituted before a judge of a court of record, or a proceeding commenced before a judge of the court, out of court, in an action or special gs com proceeding pending in a court of record, may be continued from time to time, before one or more other judges of the same court, with like effect, as if it had been instituted or commenced before the judge, who last hears the same. enced Before another. Provisions seals of § 27. The seal of the court of appeals, and of each other court of respecting, record in the State, now in use, shall continue to be the seal of the courts. court in which it is in use: and the seal kept by the county clerk of each county, shall continue to be the seal of the supreme court, of the circuit court, of the court of oyer and terminer, in that county, and, except in the city and county of New York, of the county court and court of sessions, in that county. The seal of the surrogate of each county shall continue to be the seal of the surrogate's court of that county, and must be used as such by an officer, who discharges the duties of the surrogate. A description of each of the seals, specified in this section, must be deposited and recorded in the office of the Secretary of State, unless it has already been done; and must remain of record. Seals of What is a alicient sealing. New seals. $28. The seal kept by a county clerk, as prescribed in the last section, shall continue to be the seal of the county, and must be used by him where he is required to use an official seal. § 29. The seal of a court may be affixed, by making an impression directly upon the paper. § 30. When the seal of a court is so injured, that it cannot be conveniently used, the court must cause it to be destroyed; and when the seal of a court is lost or destroyed, the court must cause a new seal to be made, similar in all respects to the former seal, which shall become the seal of the court. The expense of a new seal for a county clerk, a surrogate's court, or a local court in a city, must be paid as part of the contingent expenses of the county or of the court, as the case requires. The expense of a new seal for any other court must be paid from the State treasury. ART. 3. ARTICLE THIRD. MISCELLANEOUS PROVISIONS RELATING TO THE SITTINGS OF THE COURTS. SECTION 31. Rooms, fuel, etc., how furnished. 32. No liquors, etc., to be sold in court-house. 33. Penalty. 34. Adjournment of court to a future day. 35. Adjournment to next day, judge not appearing. 36. When court to be adjourned without day. 37. Causes tried elsewhere than at court-house. 38. Governor may change place for holding courts of record. 39. Such appointment, etc., to be recorded and published. 40. Judge may change place for holding court of record. 41. Actual session may be adjourned to another place. 42. Place for holding courts in city of New York, how changed. 43. When court-house is unfit to hold court, another place to be appointed. 44. No action or special proceeding abated, etc., by failure or adjourn- 45. Trial once commenced may be continued beyond term. how § 31. Except where other provision is made therefor by law, the Rooms, board of supervisors of each county must provide each court of fuel, etc., record, appointed to be held therein, with proper and convenient rooms nished. and furniture, together with attendants, fuel, lights, and stationery, suitable and sufficient for the transaction of its business. If the supervisors neglect so to do, the court may order the sheriff to make the requisite provision; and the expense incurred by him in carrying the order into effect, when certified by the court, is a county charge. sold in § 32. Strong, spirituous, or fermented liquor, or wine, shall not, on No liquors, any pretence whatever, be sold within a building established as a ete to be court-house for holding courts of record, while such a court is sitting courttherein. house. ment of § 33. A person violating the last section is guilty of a misdemeanor. Penalty. $34. A general, special, or trial term of a court of record may be Adjourn adjourned, from day to day, or to a specified future day, by an entry court to a in the minutes. Jurors may be drawn for, and notified to attend a future day. term so adjourned, and causes may be noticed for trial thereat, as if it was held by original appointment. Any judge of the court may so adjourn a term thereof, in the absence of a sufficient number of judges to hold the term. ment of ing. § 35. If a judge, authorized to hold a term of a court, does not come Adjournto the place, where the term is appointed to be held, before four o'clock term, judge in the afternoon of the day so appointed, the sheriff or clerk must then sot appearopen the term, and forthwith adjourn it to nine o'clock in the morning of the next day. If such a judge attend by four o'clock, in the afternoon of the second day, he must open the term; otherwise the sheriff or the clerk must adjourn it without day. CHAPTER 448, LAWS OF 1876, AS AMENDED BY CHAPTERS 416 AND 422, LAWS OF 1877, AND AN ACT RELATING TO COURTS, OFFICERS OF JUSTICE, AND CIVIL Passed June 2, 1876; three-fifths being present. The People of the State of New York, represented in Senate and CHAPTER I. GENERAL PROVISIONS RELATING TO COURTS, AND THE TITLE I.-THE COURTS OF THE STATE; THEIR GENERAL POWERS AND THE EXERCISE THEREOF. TITLE II.-PROVISIONS OF GENERAL APPLICATION, RELATING TO THE 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. 2. Courts of record enumerated. 3. Courts not of record. 4. General provision as to jurisdiction, etc. SECTION 1. The courts referred to in this act, are enumerated in the Courts next two sections. 1 |