PROVISIONS RELATING TO CERTAIN COURTS IN CITIES AND TITLE II.—The mayor's court of the city of Hudson, and the recorder's courts of the cities of Utica and Os- wego. TITLE III.-The city court of Yonkers. TITLE IV.-The district courts of the city of New York, 3196-3202 TITLE I.-Awarding and enforcing payment of costs. TITLE II.—Fixing the amount of costs. TITLE III.-Security for costs. DEFINITIONS AND REGULATIONS CONCERNING THE CONSTRUC- TION, EFFECT, AND APPLICATION OF THIS ACT. TITLE I.-General definitions, and rules of construction. TITLE II.-Provisions regulating the effect and application of THE CODE OF CIVIL PROCEDURE. [L. 1876, c. 448 AS AMENDED.] AN ACT RELATING TO COURTS, OFFICERS OF JUSTICE, Passed June 2, 1876; three-fifths being present. GENERAL PROVISIONS RELATING TO COURTS, AND TITLE I.-THE COURTS OF THE STATE; THEIR GENERAL TITLE II-PROVISIONS OF GENERAL APPLICATION, RELA- TITLE I. The courts of the State; their general powers and attributes, and general regulations pertaining to the exercise thereof. ARTICLE 1. 2. 3. Enumeration and classification. General powers and attributes of the courts. Miscellaneous provisions relating to the sittings of the 10 Daly, 148. 15 Hun, 588. 86 N. Y. 357. ARTICLE FIRST. ? 1. Courts. ENUMERATION AND CLASSIFICATION. 2. Courts of record enumerated. 3. Courts not of record. 4. General provision as to jurisdiction, etc. § 1. The courts referred to in this act, are enumerated in the next two sections. §2. [Am'd 1877.] Each of the following courts of the 1123, ConState is a court of record: 1. The court for the trial of impeachments. 2. The court of appeals. 3. The supreme court. 4. A circuit court in each county. 5. A court of oyer and terminer in each county. (1) 1. In New York County regulated by 22 1506-1513 Consol. Act. sol. Act. 1205, Consol. Act. 19 Abb. N. C. 54. 22 1162, 1213, 1288 Consol. Act. 94 N. Y. 342. 6. The court of common pleas for the city and county of New York. 7. The superior court of the city of New York. 8. The court of general sessions of the peace in and for the city and county of New York. (1) 9. The superior court of Buffalo. 10. The city court of Brooklyn. 11. The city court of Long Island city. 12. The city court of Yonkers. 13. A county court in each county, except New York. 15. The marine court of the city of New York. (3) 17. The recorder's court of the city of Utica. § 3 [Am'd 1877.] Each of the following courts of the State is a court not of record: 1. Courts of justices of the peace in each town, and in certain cities and villages. 2. Courts of special sessions of the peace in each town, 3. The district courts in the city of New York. (5) 6. The municipal court of the city of Rochester. § 4 [Am'd 1877.] Each of those courts shall continue to exercise the jurisdiction and powers now vested in it by law, according to the course and practice of the court, except as otherwise prescribed in this act. ARTICLE SECOND. GENERAL POWERS AND ATTRIBUTES OF THE COURTS. 25. The sittings of courts to be public. 6. Courts not to sit on Sunday, 7. General powers of courts of 217. Rules of courts of record, 18. Rules to be published. 20. Expense to be a county 21. Certain papers may be destroyed. 22. Writs, etc., in name of the 23. Id.; teste and return. etc., not to vitiate, 1. Regulated by 1514-1540 Consol. Act. 3. Now called the "city court of New York" L. 1883, c. 26. 6. In New York County regulated by ?? 1541-1568 Consol. Act. *The "Municipal Court of the city of Syracuse" established by L. 1892, c. 342. 27. Provisions respecting the seals of courts. 28. Seals of counties. 29. [Repealed 1892.] § 5. [Am'd 1879.] The sittings of every court within this State shall be public, and every citizen may freely attend the same, except that in all proceedings and trials in cases for divorce on account of adultery, seduction, abortion, rape, assault with intent to commit rape, criminal conversation, and bastardy, the court may, in its discretion, exclude therefrom all persons who are not directly interested therein, excepting jurors, witnesses and officers of the court. § 6. A court shall not be opened, or transact any business on Sunday, except to receive a verdict or discharge a jury. An adjournment of a court on Saturday, unless made after a cause has been committed to a jury, must be to some other day than Sunday. But this section does not prevent the exercise of the jurisdiction of a magistrate, where it is necessary to preserve the peace, or, in a criminal case, to arrest, commit or discharge a person charged with an offence. 7. A court of record has power: 1. To issue a subpoena, requiring the attendance of a person found in the State, to testify in a cause pending in that court; subject, however, to the limitations, prescribed by law, with respect to the portion of the State, in which the process of a local court of record may be served. 2. To administer an oath to a witness, in the exercise of the powers and duties of the court. 3. To devise and make new process and forms of proceedings, necessary to carry into effect the powers and jurisdiction possessed by it. 8. A court of record has power to punish for a criminal contempt, a person guilty of either of the following acts, and no others: 1. Disorderly, contemptuous, or insolent behaviour, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority. 2. Breach of the peace, noise, or other disturbance, directly tending to interrupt its proceedings. 3. Wilful disobedience to its lawful mandate. 5. Contumacious and unlawful refusal to be sworn as a witness; or, after being sworn, to answer any legal and proper interrogatory. 6. Publication of a false, or grossly inaccurate report of its proceedings. But a court cannot punish as a contempt, the publication of a true, full, and fair report of a trial, argument, decision, or other proceeding therein. § 9. Punishment for a contempt, specified in the last sec tion, may be by fine, not exceeding two hundred and fifty dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both in the discretion of the court. Where a person is committed to jail, for the non-payment of such a fine, he must be discharged at the expiration of thirty days; but where he is also committed for a definite time, the thirty days must be computed from the expiration of the definite time. § 10. Such a contempt, committed in the immediate view and presence of the court, may be punished summarily; when ? 1370 Con- 1415 Consol. Act. 26 Hun, 1. 39 Hun, 626. |