New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-05-31
The judiciary Law.

"a Chdncrv 6c-ErTOT IN The Slafufe--N Ouiss 10 Be
kept mar H0me-Saie R,porte-AH Old La,oseTs Il
eeRsed 9Th and piit0a Charactv-Neu Cqudidafes-
Pora TO Rezgors from OHoe-R,f1e e. Matters and
EIomiR9s- Tts,tnaOzy taken before 7rtal-Trtals
o,tA0us a Jury-Jndses not to plead Lar for Hire
Court Of hmPeaehMeHts.
The following brief digest Of the Statute of this
State. passed the 18th inst for the regulation of
the powers, duties, and jurisdiction Of Courts of
Justice, and the Licensing of Law Practitioners
will, we trust, prove acceptable and useful TO ma
ny Of our readers;
The Court Of APpeals.
-Four Judges, 10 be elected by the people Of the
State on the 18th prormo and other four TO be taken
from among the 30 Judges then be elected 70 the su
prene Court TO form this tribunal. That Judge,
elected by general ticket who shall have the shortes,
time to serve is TO be the fret Chief Judge
Any six of these eight Judges are to be quorum to
hold any term Of ssd Court which Is to begin the exer
else Of lie functions on the 5th Of July next.
This Court has power to revise and to reverse or az
firm the decisions Of the present Supreme and Chsncery
Courts and Of the Supreme Court organized by this act
and 10 correct all errors In the proceednes ofssd Courts
All laws relating 10 appeals and wrs Of error and 10
the old Court for tho Correction Of Errors and 20 It's
officers and their duties TO apply the Court Of Ap
pesls, where the Constitution and this act will permit
are 10 Do al lehst lOQr terms OF the Court
such times and places ss IT may choose Every cause s
10 be decided In the year In which Il 10 argued un
less the Court shall order be argued over again
The hrst term of the Court TO be held at Albany
Monday, July J.
Writs OF error brought for the removal of any udg.
ment Of the present odd Supreme Court appeals from
the present Court Of Chancery. and business pending
on bonds &c, given in the old Court for the Correc
ton OF Errors are to be held transferred 10 the Court
Of Appeals.
The Supreme and Cirean Counts.
Tho new Supreme Court ia to hold general term at
Albany next 5th Of July and II majority Of the l2s
Justices present the general and special terms
be arranged, the terms Of al the Circuit Courts and
Courts Of oyer and Termiuer appointed the duties othe
several Justices assigned to them and the rules or laws
OF the Court made, revised, altered established
like term is TO be held at Albany every second year
Said Court may. at my other general term, provide
for holding Circuit Court terms In where they have
not been held as previously appointed.
Justices Of the Peace, and Judges Of the Inferior
Courts may be removed by the Supreme Court at any
general term.
The quorum al such term IL not mentioned but from
the wording of sec. a. majority OF p is probably
meant Laws regulating the legal procedure in the
eight divisions Of this Court and votes for the removal
OF Recorder or County Judge, would therefore require
least eight affirmative SURFACES.
The Supreme Court is 10 possess the powers, and
have the jurisdiction, now vested in the old Supreme
Court and Court of Chancery and IT. justices are 20 pos
sess the powers exercised by the Justices Of the old Su
preme Court and the Chancellor, Vice Chancellor and
Circuit Judges far rs the Constitution and laws viii
permit All laws relating to the said existing Courts,
and 20 their officers 10 apply TO the new Courts
The appellate jurisdiction exercised by the Court Of
Chancery and Supreme Court lie continued ia like man
ner TO the Court with respect 10 the proceedings,
judgments and decisions Of County Surrogses, or Jus
tees Courts.
There is 10 be general term Of the Supreme Cour,
held every County having 90 900 or more Inhabitants
once year or oftener where business may require II
and in the less popul0us Counties in years,
oftener, Hamilton excepted
The places designated for holding such Courts are the
County Court Houses
ANY Circuit Court may be continued from time 10
time by adjournment and may be tried at such
al ourned Circuit the same as At stated Circuit
There are 10 be two more special terms OF the Su
prene Court ia each County Except amitonl or more
If required to hear non-onumerated suits at law and
take testimony and hear suits in equity Orders and de-
crees in suits may be then made
All suits and proceedings in equity TO be fret heard
and determined at special term, unless the Justice
shall order any Of them to be heard at general term
Every Justice may hold special terms Any party whose
-ase heard AZ special term may apply II general
ERIN, % be heard over again.
There be at least two Circuit Courts held In
Zach County save Hamltonl yearly and at least four
NewYork The jurors are to be drawn as at present
The Circuit Courtssre to possess the same powers
as the old Circuit Courts.
Supreme Court Justices TO share the duties Of Of
ice equally may be- bat any Of them may take
snohers place when that other ia sick or absent or Off
A Supreme Court Justice or County Judge may allow
nuncons under rules to be prescribed by the Supreme
Court
County and SWrrOgates' Courts
County Judges may order many terms Of the /
County Court to be held as they shall think fit New
York county excepted) and may change the days Of |
uch terms Each County Judge Is TO designate as
many for the trial OF issues Of fact by jury
here now terms fixed by law.
County Courts are TO have power to try matters
peciay conferred by statute and heretofore trisble
" them and their Judges are 10 perform the du-
les required here,ofore-but the Goth section OF this
ct coniers original jurisdiction in actions at com
non law.
The County Court is empowered 10 try suits and pro-
oedngs by sciro laciss 10 revive any judgment in said
'ourt or that shs have been rendered in the present
'ounty Court or 10 have execution OF said judgments
TO revive any sgit in said Court also OF suits for
ower for hs partition OF lands, when the lsnds
ituaed in the County also 10 try the following actions
Vhcn all the defendants at commencing, reside In the
'ounty Actions OF debt sssumpst and covenant when
he debt or damages claimed shall not exceed 81 600
ctons for assault and battery and false imprisonment
ghen the damages claimed do not exceed $500 actions
tespsss and respsss on the for injuries TO real
r personal property when the damages claimed shall
Ot exceed $500 actions of replevin when the value Of
be property claimed does exceed 81 600 and also
D grant new trials in all such actions.
The County Court 10 20 have equity Jurisdiction in
nts for the foreclosure Of mortgages when the premises
within the County for the sae OF the real estate OF
iians when II Is situated and the infants reside in the
ounty for the and custody of lunsics and he.
itual orunksrds residing in a. for the satisfaction Of
ldgmens which there shsl main due exceed
* $75 out Of the property of debtor when
ON has been returned unsasted and said debtor re-
des In the County for partition Of lands IN such
ounty aud for admessurement Of dover In lands
herein.
Where the County Judge acts Surrogate, Surrogate
ourts may be held at same time and place as County
ourts the Judge directing the order of business and
,ting Surrogate where required in his County.
Where the Surrogstes separate officer his duties are
be performed and Courts held, IS heretofore.
County Courts 10 have the appellate Jurisdiction
Ter judgments rendered by Justice OF the Peace
hch Common Pleas Courts now have and unfinished
peal csses are TO be transferred 10 the Courts
County Courts may take cognizsnce OF like cases, at
" OF in Equity as the Common Pleas or the Chaneery
,urt may, rs far as this act and the Constitution
IN permit The present laws to apply TO the new
)urts.
Criminal Courts.
Courts OF oyer and Termner OF the several Counties
kept n " are to be composed of Justice OF the
ipreme Court who shall preside, the County Judge,
the Sessions Justices The presiding Justice, aud
two of the other three may hold the Court az the
ne and place where the Circuit Court 10 held.
The Courts OF Oyer and Terminer OF the County OF
w. York shall DC composed OF a Justice OF the SUI
enc Court who a. all preside and any two OF the fol-
wing officers the Judges Of the Court OF Common
OF said City and County ths Mayor Recorder ana
derlnen of said city. I
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