CERTIFICATE OF THE COMMISSIONERS TO REVISE THE STATUTES. STATE OF NEW YORK, 8.8: We, the undersigned, the commissioners to revise the statutes, do hereby certify, that we have corrected the text of the act, entitled, "An act relating to courts, officers of justice, and civil proceedings." passed June second, eighteen hundred and seventy-six, as directed in the second section of the tact, entitled, “An act to amend chapter four hundred and forty-eight of the laws of eighteen hundred act relating to courts, of and seventy-six, entitled, An of justice, and civil proceedings,' and to provide for the publication of the act, as amended," passed June fifth, eighteen hundred and seventy-seven; that the following book contains the said act, thus corrected and amended; and that the said book contains the correct text of the Code of Civil Pro cedure, as amended and completed by the acts of the legislature, passed since its enactment, DATED the twenty-sixth day of June, in the year eighteen hundred and seventy-seven. MONTGOMERY H. THROOP THE NEW REVISION OF THE STATUTES OF THE STATE OF NEW YORK. The Code of Civil Procedure. AN ACT RELATING TO COURTS, OFFICERS OF JUSTICE, AND CIVIL PROCEEDINGS. PASSED June 2, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: BOYZ CHAPTER I. GENERAL PROVISIONS RELATING TO COURTS, AND THE MEMBERS AND OFFICERS THERE OF. TITLE I.-THE COURTS OF THE STATE; THEIR GENEZZ, RAL POWERS AND ATTRIBUTES, AND 1997 GENERAL REG THE EXERCISE THEREOF. TITLE IL-PROVISIONS OF GENERAL APPLICATION, RELATING TO THE JUDGES, AND CER TAIN OTHER OFFICERS OF THE COURTS, TITLE I. The courts of the State; their general powers and attributes, and general regulations pertaining to the exer cise thereof. ARTICLE 1. Enumeration and classification. 2. General powers and attributes of the courts, 3. Miscellaneous provisions relating to the sittings of the courts. ARTICLE FIRST. ENUMERATION AND CLASSIFICATION. SEC. 1. Courts. 2. Courts of record enumerated. 3. Courts not of record. 4. General provision as to jurisdiction, etc. § 1. Courts. The courts referred to in this act, are enumerated in the next two sections. Designed to exclude courts-martial, etc. §2. [Amended, 1877.] Courts of record enumerated. -Each of the following courts of the State 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. 6. A court of common pleas for the city and county of New-York. 7. The superior court of the city of New-York.(1) 8. The court of general sessions of the peace in and for the city and county of New-York. 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.(2) 14. A court of sessions in each county, except New York. 15. The marine court of the city of New-York. (3)* 16. The mayor's court of the city of Hudson. 17. The recorder's court of the city of Utica. *Name changed to "City Court," Laws 1883, ch. 26. 18. The recorder's court of the city of Oswego. Co. Proc., part of 9; 2 R. L., 1813, 38; 2 R. S. 218, 8 4 and 9: L. 1844, 83. [Amended, 1877.] Courts not of record.-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, and in certain cities and villages. 3. The district courts in the city of New-York. 6. The municipal court of the city of Rochester. Co. Proc., 29; L. 1834, ch. 271, and acts amending the same (3 R. S 6th ed., 417); L. 1872, ch. 129, 11; L. 1876, ch. 196. $4 [Amended, 1877.] General provision as to jurisdiction, etc.- 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. Co. Proc., 10, and part of 469. ARTICLE SECOND. GENERAL POWERS AND ATTRIBUTES OF THE COURTS. BO. 5. The sittings of courts to be public. 6. Courts not to sit on Sunday, except in special cases. 8. Criminal contempts defined. 9. Punishment for criminal contempts. 10. Such contempts in view of court; how punished, etc. 11. Requisites of commitment. 12. Preceding sections limited. 13, Indictment, if offense is indictable. Name changed to "City Court," Laws 1884, ch. 122. SEO 14. Contempts punishable civilly. 15. No punishment for non-payment of interlocutory costs. 17. Rules of courts of record, how made and revised. 18. Rules to be published. 19. Courts to order calendar printed. 20. Expense to be a county charge. 21. Certain papers may be destroyed. 22. Writs, etc., in name of the people, and in English; abbrevia tions. 23. Id.; teste and return. 24. Id. to be subscribed or indorsed. When error, etc., not to vitiate. 25. No discontinuance by reason of vacancy, etc.? 26. In New-York, one judge may continue proceedings commenced Lefore another. 27. Provisions respecting the seals of courts. 23. Seals of counties. 29. What is a sufficient sealing. 20. New seals. $5. [Amended, 1879.] Courts when sittings to be private. 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. 2 R. S. 274,21 (3 R. S., 5th ed., 465; 2, Edm, 284), 195 § 6. Courts not to sit on Sunday, except in special cases. 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 cominitted 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. Id.. 87, adding the words, "commit or discharge", in the last li Pulling v. People, & Barb. 384; Vanderwerker. People, 5 Wend: 530 Story v. Elliot, 8 Cow. 27; Morris v. Crane, 4 Ch. Sent. 6; Isaacs v. Beth Hamedrash Society, 1 Hilt. 469; Gould v. Spencer, 5 Paige, 541; Wright . Jeffrey, 5 Cow. 15; Rob v. Moffat, 3 Johns. 257; Hoghtaling v. Osborn 15 id. 119; Roberts v. Bower, 5 Hun, 558; see Langabier v. Railroad, 16 Am. Rep. 550. 7. General powers of courts of record. - 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 pre scribed 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 |