The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-01-10

Az ACT relating 10 ne Supreme Court

THE SUPREME COURT.
M ACT rei1tiAg 10 Ms Supreme Court.
stcrioS I. Abolshes the General Terms as nov,
Organized from and after the Isl OF May next Al
claims then pending In such General Terms TO be
transferred to the General Terms TO be organized
'' SIC :. Divides the state into three Judicial De.
tartmcuts The counties OF New York, Kings,
Queens. suffolk, Richmond and Wcstchester to con
piitute the First Department. Rocktnd, Putnam,
Orange, Duchess, Ulster, Greene. Columbia Sul
van Albany, Rensselaer,, schenectady, Delaware
ta6farie, 9;scgo, Montgomery, hSrkmer, Fulton,
clinton, Franklin. St Lawrence Lewis, and Oneida
the Second Department. Jefferson, Oswego, Mad-
son Chcuaugo, BroJme, Cortland, OnOndaga, Cayu-
r, Tompkirs Tiosu, Chemung, schuyler, Seneca,
Wayne, Ontario, Stcuben, Yates, Livingston, Mon
roe Allcgany. Orleans Catisraugus, Genesee, Wyo.
ming. Niagara, Erie, and Chautauqua the Third De.
srn a Prior TO NAY I, is7O, \ branch Of the su.
trruI, Court 10 be- called the General Term or the
Sutrrmr Court Of The Department TO be established
IN each Of said departments, to be composed of
presiding Justice and TWO Associate Justices. the
Inst DESTINATION OF Presiding aud Associate Justices
to he made by the Governor nom the whole bench
NJ Justices " the Supreme Court; the Presiding
Justice TO act during the whole term Tor which he
was elected the Associates TO act or I'VE years from
the 5lst day OF December iouowiag the time when
they shall De dusghated, OF until the earlier eXpira-
ton OF their terms.
SIC. l. Ancr the first assignment vacancies in the
General Terms are to DC uAcd By tie Court OF Ap.
p,as when IN session or 10y the thief Judge thereof
n cccurfu-lu vacation. Tue Presiding Justice 50 dc.
Firuated to III until the end Of his term, aud the As
eociAics for I've years rom The 6ist day OF ID Gem.
Ter following th,l appointment unless their Official
terms shall sooner expire. .,-,,
SIC. g. .,iyt. TIE General Terms hereby Organized
"a same uuvtrs and luri-dicjuu.ovt all cases arts
iur vilIn ucr several departments which the
present General Terms iavc lA tcir own districts
when COu-i s'Cut 50 700 tilu tuusi tuition.
SEC. o. Two OF the Justices TO make quorum,
but h. concurrence " Two ~ cc-sAry 10 decision.
Rgargum'tt tu Do ordered 90 case OF disbursement.
Where one OF One lr,ucts ls consutuuonally dis
qualified tur mly he sent by order into another
department ln case OF inability OF any justices TO
attend utAti Justices may he temporarily designated,
as provided ~ the fourth section. The Associate
Justgt- Of one uCuartmCnt shall be competent "
cit IN The General Term Of any other.
SIC :. General Terms TO De held In all tho depart
mems commtucius On May 1, 1870; Tor the FirstDt-
uartmeut at Sew York city Tor the Second, at Al
iany and ot tue THIRD, at Rochester. Causes to BIZ
noticed and calendar, made up accordingly.
Sc. s. subsequent General Terms TO be appoint.
ed by The Justice, in each department.
SIC. To prevent the failure Of Circuit Courts.
Special Terms, Sc., IN the several districts by
OF the assignment OF Justices TO the General Terms,
the justices In each district may make provision for
tie same or IL case Of their failure, the Governor
may designate any Justice 10 sit Ia such courts.
The Justices Of tho Supreme Court resident in
each department are to meet one month prior 90
Jan l. lsi2, and make designation of Justices to
hold Special Terms, Circuits, and Oyer and Tcrmi-
Ier, within said department for two years thereafter
SIC. 10. Pursuant to the amended article OF the
Constitution, the Governor, whenever necessary,
shall designate one or more Judges OF the superior
Court or Common Pleas OF New York city TO hold
Circuits and special Terms of the supreme Court In
said city. Cases or bills Of exception TO be settled
before the Judge holding the Circuit or SPECIAL
Term.
SEc H. Supreme Court Justices to receive per
diem not exceeding Is for expense when absent
cults or oyer ana 1ernner.
Tub COURT OF APPEALS.
Az ACT 10 prorids for ne election u Jfdgss Of s
CONT u ApltdLs, DC.
SEC. l. Provides for Chief Judge and six ocia
Judges OF the Court of Appeals to be chosen al a
special election TO be held the third Tuesday OF
May, the names all 70 be on one ballot which shall
than a the ASA Ju.pps
SBc. 9. At the sane election three additional
Judg.s OF the Court of Common Pleas OF the city OF
New York TO be chosen
SEC. 3. Provides for the due publication Of notice.
OF election.
SEC. 1 Directs a revision Of the registry lists on
the Friday and saturday preceding the election.
SEC. .. The State clnvassers To canvass the vote
for Judges OF Appeals on the second TuesJgy ol
SIC O. The additional Judges Of New Fork Com
mon Pleas to take ONCE on the urst Monday Of JuiJ
SIC. l. On the first Monday of July next, the
Judges elected TO the Court Of Appeals snail meet
at the State Capitol and, alter taking tie Olth Vi
office, organize The Court aud proceed 10 business
SEC. :. Every JUDGE OF the Court OF Appeals or
Common Pleas, and every Justice Of the supreme
OF the Superior Courts Of New York and Buha, &
shan sign ana file, on taking .-sicc, certificate Of
his age and OF the time when his term viii expire
SIC 0, Vacancies to be hlled a, general elections
preceding the time OF expiration Of the judicial
TuE COURT OF APPEALS AND COMMISSION OF APPEALS
AN ACT rt'ltigg 10 he COur, u Ippeqls and h6s
CoNinissioh IF AlItaL
SEC /. Invests the Court Of Appeals created by
the amended Constitution with all the powers OF the
present Court Of Appeals All existing Laws regulat
ing appeals 10 tne present Court continued in force,
SEC : The first term of the Court to be held ut
Albany on tie hrst Tuesday oil July next. The pre-.
sent Clerk TO act until successor Is appointed. and
TO make up calendar for the nrst term, composed
Of such causes as shall have been placed on the
calendar since Jan. 1, 1869.
SEC. 3. The Commission Of Appeals provided in
the amended Constitution SHAH enter into oGicc IN
the rrst Monday OF July next, and shall commence
Ing, and shall proceed TO hear and determine cases
which were pending In the Court Of Appeals on the
first day OF January, 1859. The Appeals calendar
prepared for the present year shall be deemed tho
calendar OF such Commission, aud causes pending
on Jan. l, 1852 may be noticed ami placed upOn II.
SEC. T. Any final decision or order dismissiug an
appeal to be certified by the Clerk Of the Commits
sion to the Court Of Appeals, and on being recorded
force and effect II the decision or order had been
duly made by -ald Court Motions for relearings tC
be heard before the Commission.
SIC. 3. All remittltuTs In causes determined
by said Commission 10 go down as Of the Court o
Appeals. Minutes Of the proceeding, decisions and
cords Of the Court of Appeals.
SIC. O All causes and matters which shah have
been argued or submitted 10 the present Court OF
Appeals prior 10 the first Monday OF July to be
by that time finally disposed Of either by detcrmin
ing or directing areargument Of the same.
SEC, T. Salary of the Chief Judge OF the Court O
Appeals to be 1850; OF the Associates s1ODO each
and In addition the Chief and Associates TO be pail
on Onlcial duty.
COUNTY COURTS.
Az Act In relation 10 NE Covaty COi0ts.
SEC. I The County Courts, In addition 10 IN,
powers they now possess, shall have jurisdiction ~
riyll actions where the relief demanded
Is the recovery OF sum OF money no
exceeding i've Thousand dollars, or the recovery OF
personal property not exceeding In value two thou
sand dollars and In which all OF the defendants are
residents Of the county In Which the action Is brought
Of the time Of it, commencement, subject e. the righ
Of the supreme Court upon special motion, for guOt
cause sO w, to remove nuy such action into the "a
Preme Court before trial. and also on such rcmoya
being made 10 change the venue on place o. trial,
SIC. q Costs In the County Courts, In Hcton-
authorized 10 be brought therein b.. the ur Ceuiu-
section, shall be the same as In tie like actions 10
the Supreme Court
SEC Regulates tho salanes Of tle Jud- os
making them proportional TO the population oi On,
several counties.
FrOrid,d That nothing in this section rtlnc'
shall auyly TO the counties OF New York sud Kings
SEC. L. This act shall take eject immediately.