4. Q. What provision is made by statute for filling the place of a judge of this court whe is a justice of the supreme court?

5. Q. Has a justice of the supreme court power to perform duties in that court while he is a judge of the court of appeals.

3. Q. What was the provision made by the judiciary act of 1847 for holding this court, and has it been repealed?

A. The 15th and 16th sections of the judiciary act of 1847, providing for holding four terms of this court in a year, and so arranged that there should be a term of the court once in two years in each of the judicial districts, to be held in the court houses of the respective counties, was repealed, in 1851, by an amendment to section 13 of the Code, providing that all the terms shall be held at the capitol in the city of Albany, with a discretion to the court to appoint one of such terms in the city of New York.

4. Q. What provision is made by statute for filling the place of a judge of this court who is a justice of the supreme court?

A. By Laws of 1850, page 45, chapter 41, it is provided that, where a justice of the supreme court, who is a member of the court of appeals, is absent, or there shall be reason to believe that he will not attend the latter court, the governor is authorized to supply his place, during such absence, by designating some justice of the supreme court from the shortest class.

5. Q. Has a justice of the supreme court power to perform duties in that court while he is a judge of the court of appeals?

A. In McCarron agt. The People, 3 Kern., 75, September, 1855, JOHNSON, J., it was decided that a justice of the supreme court has a right to perform duties in that court while he is a judge of the court of appeals.

TITLE III.

Of the Supreme Court, Circuit Courts and Courts of Oyer and

Terminer.

SECTION 17. Existing statutory provisions, as to terms and business of the courts repealed; and order of supreme court fixing the terms & c., abrogated. General terms prescribed.

18.

19. Number of judges to give judgment.

20. Special terms, circuit courts, and courts of oyer and terminer, prescribed. 21. Circuit courts and oyer and terminer held together.

22.

Designation of times and places of holding courts; how made.

23. Extraordinary, general and special terms, and oyer and terminer; how appointed.

24. Places of holding the courts.

25. Publication of appointments thereof.

26.

When judges not assigned may hold the courts. 27. Duties of judges as to business out of court.

28. Rooms, fuel, &c.; how furnished.

17. Existing statutory provisions, as to terms and business of the courts repealed; and order of supreme court fixing the terms &c., abrogated.

All statutes now in force, providing for the designation of the times and places of holding the general and special terms of the supreme court, and the circuit courts and courts of oyer and terminer, and of the judges who shall hold the same, are, repealed from and after the first day of July, one thousand eight hundred and forty-eight; and the order of the supreme court, adopted July fourteen, one thousand eight hundred and forty-seven, prescribing the times and places of holding the general and special terms of the court, and the circuit courts and courts of oyer and terminer, during the residue of the years one thousand eight hundred and forty-seven, and for the year one thousand eight hundred and forty-eight and one thousand eight hundred and forty-nine, and assigning the business and duties thereof to the several judges of the court, is, from and after the first day of July, one thousand eight hundred and forty-eight, abrogated; and the provisions of this title are substituted in place thereof..

1. Question. Has this section been amended since its passage in 1848? Answer. It has-in 1849-which amendment reads as above.

2. How did this section read in 1848?

A. As follows:

§ 15. [1848.] All statutes, now in force, providing for the designation of the times and places of holding the general and special terms of the supreme court, and the circuit courts and courts of oyer and terminer, and of the judges who shall hold the same, are repealed, from and after the first day of July next; and the order of the supreme court, adopted July 14, 1847, prescribing the times and places of holding the general and special terms of the court, and the circuit courts and courts of oyer and terminer, during the residue of the year 1847, and for the years 1848 and 1849, and assigning the business and duties thereof to the several judges of the court, is, from and after the first day of Jnly next, abrogated; and the provisions of this title are substituted in place thereof.

Questions.

3. Q. What is the constitutional organization of this court?

4. Q. What salaries are the judges of the court of appeals and justices of the supreme

court entitled to?

5. Q. What were the general powers and jurisdiction of the late supreme court? 6. Q. What were the general powers and jurisdiction of the late court of chancery? 7. Q. Are these two courts and jurisdictions now combined in the present supreme court? 8. Q. What are the special powers and jurisdiction of justices of the supreme court, as defined by statute?

9. Q. What are the powers and jurisdiction of justices of the supreme court in relation to

streets?

10. Q. What jurisdiction has the supreme court in reference to lands out of the state? 11. Q. When is a justice of the supreme court limited in his jurisdiction?

12. Q. When is the jurisdiction of the supreme court and United States courts concurrent? 13. Q. Has the supreme court jurisdiction of equitable actions concerning property for less than $100?

14. Q. Has the supreme court power to punish for contempt, disobedience of a judge's order made out of court?

15. Q. When has the court jurisdiction to set aside a judgment after one year? 16. Q. Has the supreme court the power to enlarge the time to appeal?

17. Q. Can one court enjoin proceedings in another court of co-ordinate jurisdiction? 18. Q. What provision is made for filling a vacancy in office of a justice of the supreme court?

19. Q. What jurisdiction have justices of the supreme court to make chamber orders our of court?

20. Q. Has the supreme court power, in an action of partition, to order a guardian's bond to be filed nunc pro tunc ?

21. Q. Can the justices of the supreme court perform the duties of former supreme court commissioners?

22. Q. Has the supreme court power to make a final adjudication upon the claim of a mechanic's licn?

23. Q. Has the supreme court power under the statute to confer the powers of an original upon a substituted trustce?

24. Q. Has the supreme court power to appoint, by petition, receivers of corporations in equity?

25. Q. What power is exercised by the supreme court in the admissions of attorneys and

counsellors?

26. Q. Has the supreme court power to relieve a party from the negligence, ignorance or fraud of his attorney?

27. Q. What jurisdiction has the supreme court over foreign executors?

28. Q. What powers have the justices of the supreme court on habeas corpus and certiorari? 29. Q. Has the supreme court power to stay, by injunction, the collection of a void tax or

assessment?

30. Q. Has the supreme court power to receive further evidence, or award the trial of an issue at the circuit, on appeal from the decree of a surrogate ?

31. Q. Has the supreme court power to proceed summarily in any case, in the disoosition of an infant's real estate, without a reference authorized by statute?

32. Q. Has the supreme court power to make an order for the leasing or conveyance of the real estate of any charitable, scientific or benevolent society?

33. Q. Has the supreme court the same power now, which was formerly vested in the chancellor, to hear and determine applications by religious corporations for leave to sell their real estate?

54. Q. What is the power and duty of the supreme court in reference to protecting every person interested in any action or proceeding pending in the court, from fraud and collusion resulting from such proceedings?

35. Q. What power has the supreme court to remove into it actions pending in the superior court and court of common pleas of the city of New York?

36. Q. When will causes be transferred from the Superior Court of Buffalo to the supreme court?

37. Q. When will causes be transferred from the county court to the supreme court?

38. Q. When will causes be transferred from the City Court of Brooklyn to the supreme court?

39. When will causes be transferred from the state to the United States Court?

40. Q. How and in what manner must causes be transferred from the state to the United States Court?

41. Q. Has the supreme court the same power as a justice of that court who is designated by a special statute to do certain duties?

3. Q. What is the constitutional organization of this court?

4. There shall be a supreme court, having general jurisdiction in law and equity. (Const. 1846, art. vi, § 3.)

§4. The state shall be divided into eight judicial districts, of which the city of New York shall be one; the others to be bounded by county lines, and to be compact, and equal in population as nearly as may be. There shall be four justices of the supreme court in each district, and as many more in the district composed of the city of New York, as may from time to time be authorized by law, but not to exceed in the whole such number, in proportion to its population, as shall be in conformity with the number of such judges in the residue of the state in proportion to its population. They shall be classified so that one of the justices of each district shall go out of office at the end of every two years. After the expiration of their terms under such classification, the term of their office shall be eight years.

5. The legislature shall have the same powers to alter and regulate the jurisdiction and proceedings in law and equity, as they have heretofore possessed.

6. Provision may be made by law for designating, from time to time, one or more of the said justices, who is not a judge of the court of appeals, to preside at the general terms of the said court, to be held in the several districts. Any three or more of the said justices, of whom one of the said justices so designated shall always be one, may

ho'd such general terms. And any one or more of the justices may hold special terms and circuit courts, and any one of them may preside in courts of oyer and terminer in any county.

7. The judges of the court of appeals and justices of the supreme court shall severally receive at stated times for their services, a compensation to be established by law, which shall not be increased or diminished during their continuance in office.

§ 8. They shall not hold any other office of public trust. All votes for either of them, for any elective office, (except that of justice of the supreme court, or judge of the court of appeals,) given by the legislature or the people, shall be void. They shall not exercise any power of appointment to public office. Any male citizen of the age of twenty-one years, of good moral character, and who possesses the requisite qualifications of learning and ability, shall be entitled to admission to practice in all the courts of this

state.

9. The classification of the justices of the supreme court, the times and place of holding the terms of the court of appeals, and of the general and special terms of the supreme court within the several districts, and the circuit courts and courts of oyer and terminer within the several counties, shall be provided for by law.

§ 10. The testimony in equity cases shall be taken in like manner as in cases at law. 11. Justices of the supreme court, and judges of the court of appeals, may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to the assembly, and a majority of all the members elected to the senate, concur therein. All judicial officers, except those mentioned in this section, and except justices of the peace, and judges and justices of inferior courts not of record, may be removed by the senate, on the recommendation of the governor; but no removal shall be made by virtue of this section, unless the cause thereof be entered on the journals, nor unless the party complained of shall have been served with a copy of the complaint against him, and shall have had an opportunity of being heard in his defence. On the question of removal, the ayes and noes shall be entered on the journals.

§ 12. The judges of the court of appeals shall be elected by the electors of the state, and the justices of the supreme court by the electors of the several judicial districts, at such times as may be prescribed by law.

§ 13. In case the office of any judge of the court of appeals, or justice of the supreme court, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the governor, until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term.

4. Q. What salaries are the judges of the court of appeals and justices of the supreme

court entitled to?

A. From the organization of the courts in July, 1847 to 1857, the salaries of the judges of the court of appeals and justices of the supreme court were fixed at $2,500 rer annum, payable quarterly. By the laws of 1857, their compensution was fixed at $3,500 per year, payable quarterly. (See Laws of 1847, p. 312, § 3, and Laws of 1857, p. 770, ch. 792, §1.)

In People ex rel. Mitchell agt. Hows, 20 How., 29, Special Term, June 1860, SUTHERLAND, J., it was decided the laws of 1852, ch. 374, §7, reads as follows: "It shall be lawful for the board of supervisors to raise by tax upon said county, and pay to the justices of the supreme court, resident in the first district, such additional annual compensation as they may deem proper;" that so far as this act authorizes, or was intended to authorize, the board of supervisors, to raise by tax and pay an additional compensation to the justices of the first judicial district, in office at the time of its passage, it is unconstitutional and void. (See Const., ante, Art. 6, § 7.)

5. Q. What were the general powers and jurisdiction of the late supreme court?

4. By 2 R. S., 196, section 1, it is provided, that the supreme court possesses the powers and jurisdiction which belonged to the supreme court of the colony of New York, with the exceptions, limitations and additions created and imposed by the constitution and laws of this state.

6. Q. What were the general powers and jurisdiction of the late court of chancery?

A. By 2 R. S., 173, section 36, it was provided, that the court of chancery possessed powers and jurisdiction co-extensive with the powers and jurisdiction of the court of chancery in England, with the exceptions, additions and limitations created and imposed by the constitution and laws of this state.

7. Q. Are these two courts and jurisdictions now combined in the present supreme court? A. By Constitution 1846, article 7, section 3, and by Laws of 1847, page 323, section 16, it is provided, that the supreme court, organized in 1847 under the constitution of 1816, possesses the same powers and jurisdiction as was possessed by the late supreme court and court of chancery; and the justices of the supreme court possess the powers and exercise the jurisdiction possessed and exercised by the justices of the late supreme court, chan