New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-01-04
CHAP. 470.
AN ACT to amend the entitled An act in relation t
the Judiciary passed May IL, lsf7.

iew-oec - utae ., ehsP. o, PAT - A'S''~O~
CHAP. 49,
AN ACT to amend the act entitled An act IN relation to
Passed Dec. a. isa7 Fbrss nth. being present.
aie and As,snelp, do enact as Joiisps:
Section The court of appeals hereby authorized to
before said court thereof in the City Of
EewYerk. at any previous term thereof any time be-
fore the expiration Of the next term Of the SAID eou 70 be
~ fiat any time qoorum Of the said court shall fail
ssd may attend have power adjourn
said court from DAY TO day or for longer tune until quo
S5Wrts Of error hereafter ssuedo the
TO the court Of pleas Of the City OF New-fork
for the purpose OF removing from the said court SUITS or
~ pending or rendered therein shall
be ssaed from the court Of appess instead OF the
court end all suits or ns, u
pleas by writ Of error shall DO removed 70 the court OF
appeals alone The provisions Of TINS section sns only
court Of common pleas In cases where such Judgments
shall exceed thousand dollars exclusive OF coss ana
to judgments In actions tor dower PARTITION and OF EJECT
mont $3.50 ,
tho supreme court shall be Of any force or effect until IL
shall have published in the newspaper at Albany IA
which es. notices are BY law ,.arseS 70 Dc
u.s. In any action at law, when decision shall be msde
by the supreme court Of this State or by the justices
the late supreme court upon bill of exceptions either Ia
granting refusing to grant new trial any party to ssch
action, conceiyng himself sggeved thereby may appeal
from such decision to the court OF appeals al any time
within forty days after the services upon his attorney OF
copy Of rule order granting or refusing to grant such
90 The fns of security In the office Of the clerk of the
county in which the trial Of the cause was had together
such security of the filing Of The and the objects
thereof shsll be deemed and taken appeal from
~ The security TO be filed 4. provided in the last pre-
eedns section of this shall be bond by so surete
be in the penalty Of three hundred dosrs conditioned
that the party appealing sbs pay all such eos,s as shall
sod such bond shsl be valid approved by one
Of the judges Of the court Of appeals justices OF the SUI
as But no such appeal shall prevent the appellee from
entering up in the cause where he would oher
such unless shall obtain and
granted Of the judges Of the court Of ap
rsciins .isy Of prccesdieg' 10 such cause
Such shall be brought to argument In the court
sppess ia the same manner as other enumerated mo
uons and the shall possess the same powers IN all
respects In the granting refusing TO grant new trs as
now possessed and exercised By the supreme court Id
so transcript of the record Of proceedings Of the
court Of appeals such shall be RENTED TO the
peme court where such farther proceeding. shall be had
may be necessary TO carry into effect the Judgment or
H. Any general or special Of the supreme court
may be continued by adjournment to such time as the JUS
tees justice holding the same shall by an order to be
entered the minutes Of such court direct and such ad
journed term may be held and continued by farther sd-
sha deem necessaTyi and notice Of the making Of
motions and Of he hearing or argument Of causes may be
and causes heard and argued hefeat In like manner and
ths cm sn which
be heard BY the supreme court may be h"t heard al
ais Any Justice OF the supreme court or any county
Judge may, out Of court allow wrs OF ne Great In suit
nS a OF Ss in aos and
such regulations as shall be provided by law OF by the
ues and regulations Of such court not inconsistent with
law.
si4 Any OF the proceedings In partition may be had Al
general special term Of the supreme court except the
trial Of Issues Of fact, and such issues may be tried at
special term Of such court by the justice or justices hold
Ing The same ~ consent OF az me ~ me A
chapter two hundred and eighty of the laws OF lSi'
entitled An act In relation to the Judiciary passed May
Is. An application for commission in any action a
not residing within this State may be made IL
vacation or term time TO justice Of the supreme oour
county judge chambers In the county OF his residence
Notwithstanding the in such shall not be ail
In the same or in an adjoining county
sl6 Orders in equity which have heretofore been mad,
BY the chancellor out Of term may by any ustc,
supreme court being OF residing within one
apphesiion resides At any time either 10 term or ssoa
ton chambers or at place selected by such Justice
in any suit in the supreme court sha be 6sd in tn,
CLERKS once Of the county where the shall be aid
shall be asd 10 the same Office The torsysxih section
Of the said chapter Is hereby repealed
atas shah Be aIsd n IL. clsrss once Of the county il
which the venue In saeh action shall be laid
ns.sss which shall have been issued before MOn
day Of July last aud made retrrnsbe on OF before ths
that day shall BE- rstarasd A. fellows IL issued out Of III,
court Of ehAneery supreme court shall 30 filed with
court q so%@sD pss .as be Flea With the eisi
the county Of such court Of common pleas.
easss s.foss any u.ss Of the supreme court or any
county officer vested with Jurisdiction ia such proceed
supreme court, may be ae1 with clerk Of the county
ia which the Proceedings shall be hsd they shall be be
court, they shall be filed in county where some OF the
parties rsside or In such other county such justice shall
s2L The superior court, and the court Of common
pisss Of the City and Couaty Of Newfork shall respect
h scafsrsd upon tho several county Of this State
By the thirty section OF said chapter or BY any other
"a. Zach isdse Of the said courts respectively, shall
have and posses the same power aud Jurisdiction TO hold
axe and TO a Ss.p and and pro-
eseds In which jurisdiction gwen By III. last piecsd
ins section 10 given to tho justices Of the supreme court
while holding special term, by the tweas section Of
the sad chapter and may direct tho hearing TO be bad at
general term OF the court In the same manner Is
therein provided aad rshssIns may be applied for and
ordeIso the respective courts al general term As s
Is Appesls nom the orders and DEGREES Of the said
eoarSt isspeeuvey made a. general term, may be
under same regulations sod Restrictions a. sppess are
hooeht from the supreme court 10 the ssid Of s
s2A Section twenty six the said chapter s 80 amend
ed - TO read ~ follows As many terms Of the county
York, shs be held the courthouse In such eouaty or
other usual place Of now holding courts Of pleas
shall BY order appoint which order shall be pabsaed in
newpapsr printed In the county once week for three
wscks the county Judge change the day
sppeissd for holding said terms and may increase the
Of terms dispense with the holding OF any such
tern, By order msde aud catered two months before
such change alteration tskes effect and Immediately
pasnsnsd = hereinsfer provided and the expense o.
sseh pceaeatisn shall be county charge.
ihs twestyseyenth section OF the said chapter IL
% amended - 70 read folows:
TIE county judge in each county shall designate
u SAID s In each for the trial Of ssues OF fact BY
Jy, there are nov Of the court Of pleas
each county nxed by law for the trial Of Of fact
oyeery, ~heh terms sha be designated in the order
puohshsd Aforesaid, and shall terms for the trial "
issues Of fact b. sjary and sh. drawn and
moned fefstor ana attend the required for
courts % pleas The terms 90 .hs b.
hsc 81 the paces where Tho courts Of pleas
csreoi' e@aFts are nov BY law required 70 Be held
sT komors srsad jurors shall Be suuuoae a 10 sny rear
ssr lN1 IN asy soaRty 10 attend ,hs essu u sssssas