The New York herald., 1847-12-29


The Judiciary Act.
AN ACT 10 amend the act entitled An act In rcls-
tion to the Judiciary passed May IL. lsa7.
Passed De Ia Isa7-" Three -nfths being present -
The People of the stare Of Nsr York T,preseItsd IN
Senate and -d'sensbIy, do enact as foilvwI.
sectionl The Court OF Appeals lie hereby authorised
20 decide aud render Judgments In tina several
argued before said court at the late term thereof held in
IA, city OF Nv York or a. previous term thsroof
Mt time before the expiration Of the next term OF
the said court, to be held in the city OF Albany .
fail attend any appointed &c bs held by
st such OF said Judges may attend shall have power
adjourn the ssd court from day day for longer
tim- antil quorum Of saii court shall attend.
80 wris Of hereafter issued to tho Superior
Cou-t or TO the Court 6 Common Pleas OF the city ri
New York fsr TIL PURPOSE of removing from the aid
court suits proceedings pending judgments render
ed therein. shall be issued from the Court OF Appeals
instead of ths Suprerns Court and all suits.
judgments hereafter removed from tho said Superior
Court or Court OF Common Pleas by writ Of shsl
DO removed TO the Court of Appeals slons The prov
rous Of this section shall only apply Judgments rem
dsrsd in thu said Superior Court Court Of Common
Pleas In eases where such judgments shall exceed one
thousand doars exclusive Of coats and TO judgments
In ae.i'ns for dover. partition and OF eisctusn..
% No general rule or order Of tha Court OF Apresis
or OF the Supreme Court sh be OF any force or enct
until II shall have BEEN published In the newspaper at
Albany In which legal notices are by law required TO be
p1osned once la each week ior three wseSs
=. In any action at law, when decision shali be
made by he Supreme Court OF this state or by the JUS
tices of he late Supreme Court upon sul OF exesp
tlcns either ia granting refusing to grant new trial
any party to such action, conce!vug himself agsreved
thereby may appeal from such decision to the Court OF
Appeals at time within forty DAYS after the service
upon his attorney of copy of the rule order granting
refusing To grant such new trial
The Cling Of security Ia the of se OF the clerk OF
the county in which the trial OF the had to-
geher With the service upon the opposite attorney OF
notice security Of the ng OF the same aud The
objects thereof shall be- doomed and taken appeal
from such decision Of tho Court OF Appeals
~ The security to be ted as provided In the last
preceding section OF this act shall he bond by two
suzs'es with without the party the opposite party
and shall be in the penalty of three hundred dollars
shall and bs ajjudgsd against him upon
such appeal and suoh bond shall bs valid unless ap
proved by Of The judges Of the Court OF Appeals jus
toes OF, Supreme Court county Judge or clerk o:
county
Sc But no such appeal shall prevent the appellee from
enteFiug up judgment IN the Gauss where he would
otherwise be entitled TO do from obtaining salts
action OF such Judgment unless the appellant she'll OBJ
tain and order granted by Of the judges OF
the court or county judge directing stay OF proceed
-ings in such cause.
20 Such shall be BROUGHT to argument In the
Court of Appeals in the other enumera
ted motions; and the court shall possess the same pow
trial as possessed and exercised by the Su-
preme Court In like cases 80
40 transcript OF the record of proceedings Of the
Court OF Appeals such shall be remted to the
Supreme Court where such further shall be
had s NAV be necessary to carry into effect the judg
msnt order deter of the Court Of Appeals
II, Any general or special term of the supreme
Court may bs continued by adjournment to sucn time
thu justices Justice holding the shall, by
order 20 be entered in the minutes of such court direct
and such adjourned term may be held spd continued by
holding the shall deem necessary and notice Of
the making Of motions and OF tho hesring argument
OF may be given for such adjourned term and
. motions may be made and causes heard and argued
tbereat In like and with the sans effect as ut
stated term of such court
IL All appeals from vice chancellor which may
bs heard by the Supreme Court may b, first heard at
general term thereof
IS Any justice OF the Supreme Court any county
Judge may, out OF allow wrts of In suits
and proceedings in the suprem Court according to the
aud practice Of such court In such and un
provided
the rules and regulations Of such court not aconstent
WITH law
IA Any Of the proceedings in partition may be had
at general or special term OF the Supreme Court,
capt me trial Of issues of fact ID suoh issues NAV be-
tried special term ofsuch court by the justice
tcer holding the same by consent OF all the parties in
the cause and pursuant to the provisions OF the eight
ieth section of shapter two uudred and eighty OF the
laws Of e'1 entitled An act In relation to the tudici
arv," passed May IL, is47
at law in the Supreme Court to take the testimony oi
witnesses not residing within this sta may be mad
IN vacation term time to justice of the sup
Court county judge a chambers In the county OF hs
residence, notwiI hstandog the venue in such
shall not De laid in the same or in an adjoining county
Sl6. Orders 10 equity, which have heretofore been
made by tbo chancellor out of term may be ade BY
With one hundred miles of the county where the soli-
cor or party, making the application resides, at any
time, either ia term vacation, at chambers at any
place selected by such justice
~ In all tran.,t ry actions the declaration, when
Alsd In any emit in The supreme Court shall be filed in
the clerks Office Of the county whore ths shall b
laid AMI all papers afterwards fled Ia the suit by
either party shall be filed IN the Office The forty
.xth section Of the said hspter is hereby repealed
SIS All bills in equity 10 aid or dsfeuo. OF any action
at shall b. filed ths clerks office of the county in
which the venue 10 such action shall b. laid
10 Every writ or process, excep: subp1nRs for wit
nesses which shall been is.urd before the 6rst
Monday Of July last, aud made rsturnabe or before
that day and which shall not have been retur ed
before that day shall b. returned fnows IF iseued
out II the Court Of Chano-ry or Supreme Court, II
shall bs ed with the clerk Of the Court of Appeals and
II issued OF Court Of Common Pleas Vt shall be
nd with ths clerk of the county o sucn Court of Com
mon pleas
20 All papers and returns In all oasss Of special pro
ceedDgs before any justice OF the Supreme Court any
county ocrr vested with Jurisdiction In such ed
ipgs herstoors required be fled vi clerk OF the
Supreme Court. may bc tled with the clerk Of the
county In which the prooeedlng' shall b. had If they
shall b. before county officer and II before Justicr
OF the Supreme Court. they shall bs filed in county
where Of the parties reds in such other county
suoh justice shall by order direct.
S2l The Superior Court and the Court of Common
Pleas Of The city aud county OF New York sbal respect
fully have and possess the sams equity jurisdiction
which is conferred upon the several county courts of
this State by the thirty section Of said chapter or
by any other sot
- Each judge Of the said courts respectively rha
have and possess the same power and jurisdiction TO
hold special terms which may be appointed by said
courts to take testimony snd to hear aud determine
suits an proceedings in EQUITY in the several suits and
proceedings Ia which jursdctiou is given by the ass
preceding section is given to the justices OF the Su
preme Court while holding special term, by the twsn
tsth section of the said chapter and direct the
hearing to be lad a. general term Of the court in the
same manner as 10 therein provided and hearing
may be applied for and ordered by the respective
ct ger erRl term, as ie provided In said section
% Appeas from ths orders and decrees of the said
courts respectively made at general term, may be
brought TO the Court Of Appeals In the manner
and under the same regulations ard restrictions ap
peas brought from the Supreme Court to the said
Court OF Appeals.
"a Section twenty.sx of the ssid chapter Is so
amended as to read as foows:-As many terms OF the
county court 10 each county except city county
Of New York shall bs held at ths court house In such
county, or other usual place Of holding OF
common pleas circuit courts such times az the
county Judge shall by order appoint which order shall
be published In newspaper printed in the county.
week Tor three weeks SUCCESSFULLY; tie county Judge
may ohange the day appointed holding said terms
and may increase the number OF dispense with
che holding OF such term by made and en-
tered two months before such change alteration takes
effect, aud immediately published a. hereinafter pro-
uded, and the expense OK such publication shall be a