ART. 3. Court may § 207. The court may also, from time to time, appoint a suitable person to examine the accounts kept by, and the securities in the cus- appoint tody of the clerk, who shall be paid by the Comptroller for that service person to a reasonable sum, certified by the chief-judge. examine accounts. make rules § 208. The court may also, from time to time, make such regulations Court may concerning the money and securities specified in this article, making concerning deposits, keeping accounts and drawing money, as it deems proper; but money. each regulation so made must be entered in the minutes. 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. porter is § 209. The reporter appointed by the court of appeals is styled the State reState reporter; and each provision of a statute, wherein the State the reportreporter is mentioned, applies to the officer thus appointed. er of the court of § 210. The State reporter must report every cause, determined in appeals. the court of appeals, which the court directs him, or which the public His duty. 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. interested tracts for tion. § 211. The State reporter shall not have any pecuniary interest in Not to be the reports; but a contract for the publication thereof, under his super- in publicavision, must, from time to time, be made, in behalf of the people, by tion; con the State reporter, Secretary of State, and Comptroller, with the person publicaor 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. Copyright [CHAP. III. TITLE 2. § 212. Neither the State reporter nor any other person shall obtain a of reports. copyright for the opinions contained in the reports; and the 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. Secretary of State to reports. § 213. Of the copies of each volume of the reports, furnished to the distribute Secretary of State, he must deliver one to the clerk of each county, for the use of the county, and deposit one in the office of the attorneygeneral, one with the clerk of the court of appeals, for the use of that court, and three in the State library. Unreported decisions, etc., ered by reporter to successor. § 214. A State reporter must, on the appointment of his successor, deliver to him all papers in his hands, pertaining to a cause which he to be deliv- has not reported, or which are not necessary to be retained by him, to complete the publication of a volume, which is then partly printed. § 215. A State reporter, after the expiration of his term of office, shall not deliver a paper specified in the last section, or a copy thereof, be deliver to any person other than his successor in office, or the publisher of a etc. 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. Opinions, etc., not to ed, except, Certain be depos ited with § 216. The State reporter must deposit with the clerk of the court, opinions to all opinions delivered to him, which are not to be reported, imme diately 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. clerk. 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; DESIGNATION OF TERMS; DISTRIBUTION OF BUSINESS SECTION 217. General jurisdiction of supreme court. 38 218. Supreme court may change place of trial of actions pending in other 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. *229. Justice in place of one disqualified. *Stricken out. SECTION 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. 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. 239. Special terms adjourned to chambers; trials thereat. ART. 1. of supreme § 217. The general jurisdiction in law and equity, which the supreme General jucourt of the State possesses, under the provisions of the Constitution, risdiction includes all the jurisdiction, which was possessed and exercised by the court." supreme court of the colony of New York, at any time, and by the court of chancery in England, on the fourth day of July, seventeen hundred and seventy-six; 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. change trial of ac § 218. The supreme court, upon the application of either party, may, Supreme and, in a proper case, must make an order, directing that an issue of court may fact, joined in an action or special proceeding, pending in any other place of court of record, except a superior city court, the marine court of the city tions pendof New-York, or a county court, be tried at a circuit court in another ing in other county, on such terms, and under such regulations as it deems just; and courts. 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. ments; terms. § 219. The departments, into which the State is divided, for the pur- Judicial poses of organizing and holding general terms of the supreme court, departare styled, in this act, judicial departments. There is a general term general 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 next two sections. The justices so designated are styled in this act, general term justices. and associ § 220. A presiding justice shall act as such, during his official term Presiding, as a justice of the supreme court, and an associate justice for five years ate jusfrom the thirty-first day of December, next after his designation; or tices; how until the earlier close of his official term. But the Governor may, at long to act. any time, upon the written request of a general term justice, revoke his designation. how filled. § 221. Within three months before a vacancy is to occur by lapse of Vacancies; 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 TITLE 2. Assign. ment of du 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. § 222. Where the Governor revokes the designation of a general term ties to jus- justice, as prescribed in the last section but one, he may prescribe the tice whose duties to be performed by that justice, in holding court in any part of designa. tion is re- the State, from the time of such revocation until the taking effect of the next appointment of terms, as prescribed in section two hundred and thirty-two of this act, for the judicial department to which that justice belongs. voked. Designation, etc., to be filed with Sec retary of State. Presiding and associ ces may act § 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. § 224. A presiding justice, designated for a judicial department, may ate justi- preside at a general term, held in another department, if the presiding Out of their justice of that department is absent, or disqualified from acting; and an associate justice may act as such, at a general term held in another department, in place of an associate justice of that department, who is in like manner absent or disqualified. depart ments. Times and places of holding general terms; how ap pointed. Appointment to be § 225. On or before the first day of December, in the year eighteen hundred and seventy-eight, and each second year thereafter, the general term justices in each judicial department, or a majority of them, must appoint the times and places for holding the general terms of the supreme court, within their judicial department, for two years from the first day of January, of the year then next following. They must so designate at least one general term in each year, to be held in each of the judicial districts composing the department. § 226. An appointment so made must be signed by the justices makpublished. ing it, and filed on or before the fifteenth day of December of the same year, in the office of the Secretary of State; who must immediately thereafter publish a copy thereof in the newspaper printed at Albany, in which legal notices are required to be published, at least once in each week, for four successive weeks. The expense of the publication is payable out of the treasury of the State. Appoint be made or § 227. If an appointment of general terms is not made or filed, ment mer before the expiration of the time specified therefor in the last two secfiled after tions, it may be made or filed at the earliest convenient time thereafter; and the terms appointed thereby may be held pursuant to the same, after it has been published for the length of time, prescribed in the last section. the pre scribed time. When asso- § 228. If a presiding justice is not present, at the time and place aptice to pre. pointed for holding a general term, the associate justice present, having ciate jus side, etc. General term held the shortest time to serve, or, if two are present, who have the same time to serve, the elder of them, must act as presiding justice, until a presiding justice attends. If only one general term justice is present, he may select one or two justices of the supreme court, to hold with him the general term, until two general term justices attend. § 230. A general term may be held by two justices; and the concur by two jus rence of two justices is necessary to pronounce a decision. If two do not concur, a re-argument must be ordered. tices. Re-argument, etc. § 231. Where an order for a re-argument has been made, as prescribed in the last section, and one of the general term justices of that ART. 1. When cause to be another de judicial department is not qualified to sit in the cause, the order directing the re-argument may, in the discretion of the general term, direct heard in it to take place, and the cause to be decided, in another judicial depart- partment. ment, specified in the order. And where two of the general term justices, in a department, are not qualified to sit in a cause, to be heard at the general term of that department, an order may be made, upon notice, by the other general term justice, or at a special term of the court held in that department, directing that the cause be heard and decided in another judicial department, specified in the order. But this section does not prevent the cause from being heard and decided, in the same judicial department, by two qualified justices, if an order, directing the same to be heard and decided in another department, has not been made. ments of cuit courts, terminer. § 232. On or before the first day of December, in the year eighteen Appoint hundred and seventy-seven, and every second year thereafter, the jus- special tices of the supreme court, for each judicial department, or a majority terms, cirof them, must appoint the times and places for holding the special and courta terms of the supreme court, and terms of the circuit courts and courts of oyer and of oyer and terminer, within their department, for two years from the first day of January of the year next following. If, for any reason, such an appointment is not made before the expiration of the time so specified, it must be made at the earliest convenient time thereafter. At least one special term of the supreme court, and two terms of the circuit court, and of the court of oyer and terminer, must be appointed to be held in each year, in each county separately organized. Two or more terms of the circuit court may be appointed to be held, and may be held, at the same time, in the city and county of New York. appoint § 233. An appointment so made must be signed by the justices Publica making it, and immediately filed in the office of the Secretary of State, tion of who must publish a copy thereof in the newspaper, printed at Albany, ments. in which legal notices are required to be published, at least once in each week, for three successive weeks, before the holding of a term in pursuance thereof. The expense of the publication is payable out of the treasury of the State. point ex ry terms; § 234. The Governor may, when, in his opinion, the public interest Governor so requires, appoint one or more extraordinary general or special terms may ap of the supreme court, or terms of a circuit court, or court of oyer and traordinaterminer. He must designate the time and place of holding the same, justices to and name the justice who shall hold, or preside at each term, except a hold them.. general term; and he must give notice of the appointment, in such manner as, in his judgment, the public interest requires. duties of § 235. Any justice of the supreme court has power to sit at a gen- General eral term, or to hold a special term of the supreme court, or a term of powers and the circuit court, or to preside at a term of the court of oyer and ter- justices. miner, for the whole or any portion of the term; and to act upon any business, which regularly comes before the term in which he is sitting; except where he is personally disqualified from sitting, in a particular action or special proceeding. Each justice must, at all reasonable times, when not engaged in holding court, transact such judicial business as may be done out of court.. may ap § 236. The Governor may, when in his opinion, the public interest Governor so requires, designate one or more judges of the superior court of the point in city of New York, or of the court of common pleas for the city and New York county of New York, to hold terms of the circuit court, and special or other terms of the supreme court, in that city. The designation must be in hold terms. city, judge court to |