court of Buffalo and the city court of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. [It shall have power to appoint and remove a reporter, to whom the original opinions of the court shall be delivered by the judges immediately after the decisions of the cases in which they are written are made, and to make rules and regulations governing the practice therein. The appellate court shall be located, respectively, in the first department, in the city of New York; in the second department, in the city of Brooklyn; in the third department, in the city of Albany; and in the fourth department, in the city of Rochester; but terms thereof may be held elsewhere in such departments, whenever in the discretion of the justices thereof, respectively, public interests may require.]

From L. 1870, c. 408, § 3; L. 1875, c. 616.

§§ 221-228. [Omitted; see Table, p. iii.]

$229. [Added, 1896; am'd, 1909.] public office is involved.

Am'd by L. 1895, c. 376.

Hearing of appeals when title to

An appeal from a judgment or decree in any case in which the question of the title to a public office is directly or collaterally at issue or in any manner involved, may be placed on the calendar and noticed for hearing on any day in the appellate division of the supreme court, in the first department, or in the court of appeals, and shall be heard on said day. Added by L. 1896, c. 560. Am'd by L. 1909, c. 65.

§ 230. [Omitted; see Table, p. iii.) Number of justices necessary for a decision.

In each department four of the justices of the appellate division of the supreme court shall constitute a quorum, and the concurrence of three justices is necessary to pronounce a decision. No more than five justices shall sit in any case. If three do not concur in a decision, a reargument must be ordered.

Added by L. 1895, c. 946 (in effect Jan. 1, 1896).

§ 231. [Am'd, 1895, 1900, 1915.] Reargument, etc., when cause to be heard in another department.

Where in any case four justices of the appellate division in any department are not qualified to sit therein, or where the justices qualified to hear the appeal are equally divided, the court must direct the same to be sent to another department to be specified in the order to be there heard and determined. Where in any case when an appeal to the appellate division of any department comes on for argument, and the justice before whom the action was tried or who granted the order appealed from, is a member of such appellate division, the appellant may make an application to such appellate division for, and the court may grant, an order directing that such appeal be sent to an adjoining department to be specified in the order, to be there heard and determined. The appellate division may in any other appeal make an order in the furtherance of justice, directing that such appeal be sent to the appellate division of any department to be there heard and determined.

From L. 1870, c. 408, §§ 6, 10. Am'd by L. 1895, c. 946; L. 1900, c. 209; L. 1915, c. 553 (in effect May 8, 1915).

§ 232. [Omitted; see Table, p. iii.] Appointments of terms of the supreme court,

The justices of the appellate division in each department may fix the times and places for holding special and trial terms therein, and assign the justices of the departments to hold such terms, or make rules therefor;

and may from time to time make additional appointments and designations, or change or alter those already made. If said justices of the said appellate division in any department shall not have fixed the times and places for holding said special and trial terms, or shall not have assigned the justices to hold such terms, or shall not have made rules therefor, before the first day of December, in the year 1895, and in every second year thereafter, the justices of the supreme court for each judicial district, or a majority of them not designated as justices of the appellate division, must, between the first and fifteenth days of December in each of said years, appoint the times and places for holding the trial and special terms of the supreme court within their judicial district, for two years from the first day of January of the year next following; if for any reason such an appointment is not made before the expiration of the time so specified, it must be made at the earliest convenient time thereafter. A special term or a trial term of the supreme court must be held by one judge. At least one special term and two trial terms must be appointed to be held in each year in each county separately organized. Two or more trial terms may be appointed to be held and may be held at the same time in any county. Fulton and Hamilton counties shall be deemed one county for the purposes of this section. A trial term in any county may be held in two or more parts, and a jury panel may be summoned to serve in each part, or jurors may be drawn from one panel; and in such county such part or parts, exceeding one, as may be requisite shall be reserved for the trial of actions on sales of personal property, including agreements incident to such sales, for work, labor and services, and material furnished, upon policies of insurance and upon negotiable paper and other instruments transferable by endorsement or order. The rules made by the justices of an appellate division for fixing the times and places for holding special and trial terms, and for assigning the justices for holding special and trial terms, must be signed by the justices making them, and immediately filed in the office of the secretary of state; and a duplicate thereof must also be filed in the office of the clerk of such appellate division, who must immediately transmit a copy thereof, certified by him, to each of the justices of the supreme court in such department not designated as justices of an appellate division. The justices of the appellate division of each department are hereby authorized to adopt and procure an official seal, with suitable devices and inscription. A description of such seal, with an impression thereof, shall be filed in the office of the secretary of state. The expense of procuring such seal shall be a charge against the state, and shall be paid by the state treasurer upon the audit and warrant of the comptroller.

From L. 1870, c. 408, § 7; 2 R. S. 201, § 4; Co. Proc., § 20; L. 1852, c. 374, § 5. Am'd by L. 1886, c. 303; L. 1893, c. 69; L. 1895, c. 376 and c. 946; L. 1896, c. 140 and c. 561; L. 1900, c. 73; L. 1901, c. 500; L. 1913, c. 561 (in effect May 16, 1913).

§ 233. [Omitted; see Table, p. iii.] Publication of appointments. An appointment so made must be signed by the justices making it, and immediately filed in the office of the Secretary of State, who must publish a copy thereof in the newspaper, printed at Albany, in which legal notices are required to be published, at least once in each week, for three successive weeks before the holding of a term in pursuance thereof. The expense of the publication is payable out of the treasury of the State.

From Co. Proc., § 25.

64

234. [Omitted; see Table, p. fil.] Governor may appoint extraordinary terms; justices to hold them.

The governor may, when, in his opinion, the public interest so requires, appoint one or more extraordinary terms of the appellate division of the supreme court in any department, or of the special or trial terms of the supreme court. He must designate the time and place of holding the same, and name the justice who shall hold or preside at such term, except of the appellate division; and he must give notice of the appointment, in such manner as, in his judgment, the public interest requires.

From L. 1870, c. 408, § 14. Am'd by L. 1895, c. 946 (in effect Jan. 1, 1896).

§ 235. [Am'd, 1895, 1900, 1909.] General powers and duties of justices.

Any justice of the supreme court has power to hold a special or trial term of the supreme court for the whole or any portion of the term; and to act upon any business, which regularly comes before the term in which he is sitting, except where he is personally disqualified from sitting, in a particular action or special proceeding. Each justice must, at all reasonable times, when not engaged in holding court, transact such judicial business as may be done out of court.

From 2 R. S. 203 (Part 3, c. 1, tit. 4), § 14; Co. Proc., §§ 26, 27. Am'd by L. 1895, c. 946; L. 1900, c. 384; L. 1909, c. 65.

236. [Repealed by L. 1895, c. 946 (in effect Jan. 1, 1896.)]

237. [Omitted; see Table, p. fil.] Designation of trial justices in certain cases.

If it appear to the satisfaction of the presiding justice of the appellate division in any department that a special or trial term of the supreme court duly appointed therein is in danger of failing, he may designate a justice who resides in that department to hold such term in the absence of the justice assigned thereto. If in the opinion of such presiding justice it is not practicable to make a designation from his department, he shall so inform the governor who may thereupon designate for such term a justice from any department.

From L. 1850, c. 1, § 1. Am'd by L. 1895, c. 946; L. 1900, c. 414 (in effect April 12, 1900).

§ 238. [Omitted; see Table, p. iii.] Place of holding the terms, The place appointed within each county, for holding a special term of the supreme court, at which issues of fact are triable, or

a trial term, must be that designated by the statute, for holding the county court.

From Co. Proc., § 24. Am'd by L. 1895, c. 946 (in effect Jan. 1, 1896).

§ 239. [Bracketed parts omitted, 1909; see Table, p. ill.] Special terms adjourned to chambers; trials thereat.

[A special term of the supreme court may be adjourned to a future day, and to the chambers of any justice of the court, residing within the judicial district, by an entry in the minutes; and then adjourned from time to time, as the justice holding the same directs. Special terms may be held at the chambers of the justice, in the town, city or village of his residence, whether at the county seat or elsewhere in the county.] An action triable by the supreme court, without a jury, which was upon the calendar of the term before it was adjourned, as provided in section 148 of the Judiciary Law,1 may be tried at a term so adjourned, and held at chambers, by consent of both parties, but not otherwise. [In that case, the attendance of the clerk, the sheriff, the crier, or a constable, is not required, unless the justice directs one or more of those officers to attend.]

From Co. Proc., part of § 24. Am'd by L. 1913, c. 561 (in effect May 16, 1913). $ 240. [Repealed by L. 1895, c. 946 (in effect Jan. 1, 1896.]

§ 241. [Am'd, 1895; re-enacted, 1910.] What judges may perform duties of justices at chambers.

A county judge within his county possesses, and upon proper application must exercise, the power conferred by law in general language upon an officer authorized to perform the duties of a justice of the supreme court at chambers or out of court. From Co. Proc., § 403; 2 R. S. 280 (Part 3, c. 3, tit. 2), §§ 18, 19. L. 1895, c. 946; re-enacted by L. 1910, c. 575 (in effect June 22, 1910). §§ 242-250. [Omitted; see Table, p. iii.]

ARTICLE THIRD.

Am'd by

Stenographers.

いくつ

Sec. 251. Stenographers. 252, 253. [Repealed. I

251. [Am'd, 1880, 1883, 1892, 1895.]

Stenographers.

If the justice presiding requires a copy of any proceedings written out at length from stenographic notes, he may make an order, directing one-half of the stenographer's fees therefor, to be paid by each of the parties to the action or special proceeding, at the rate of ten cents for each folio as written out, and may enforce payment thereof. Any such copy shall be accessible to, and may be examined by, any of the counsel in the cause. If there are two or more parties on the same side, the order may direct either of them to pay the sum payable by their side, for the stenographer's fees; or it may apportion the payment thereof among them, as the justice deems just.

From Co. Proc., § 256. Am'd by L. 1880, c. 54; L. 1883, c. 4; L. 1892, c. 231; L. 1895, c. 946 (in effect Jan. 1, 1896).

§§ 252, 253. [Repealed by L. 1895, c. 946 (In effect Jan. 1, 1896.)]

§ 254-262. [Omitted; see Table, p. iii.]

The first sentence of this section (now enclosed in brackets) now forms part of § 148 of the Judiciary Law, and is the matter to which this crossreference relates.

270. Duty of attorney-general and superintendent of public works. 271. Record of proceedings; report.

272. Expense of procuring testimony on commission.

273. Annual report to comptroller.

274. Costs not to be taxed.

275. Appeals.

276. Time and manner of taking appeal.

277. Case on appeal.

278. Preference on appeals.

279. Salaries and expenses of judges.

280. Salaries of officers of court of claims.

281. Interpleader, consolidation, and new parties.

282. Additional judges.

283. Determination of appropriation cases; assignment of Judges. 284. Calendar practice.

§ 263. [Added, 1897; am'd, 1904, 1906, 1911, 1915.] Court of Claims. The board of claims is hereby abolished and the court of claims re-established. Such court shall consist of three judges, to be known as judges of the court of claims, who shall be appointed by the governor, by and with the advice and consent of the senate. The judges first appointed shall be appointed for terms of three, six and nine years, respectively, from the first day of January of the calendar year in which such appointments shall be made. Thereafter the full term of office of each judge shall be nine years. Whenever the term of office of a judge shall expire, or his office become vacant from any cause, his successor shall be appointed for the unexpired term. Notwithstanding the provisions of section five of the public officers law, a judge of the court of claims shall hold over and continue to discharge the duties of his office, after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified, but after the expiration of such term the office shall be deemed vacant for the purpose of choosing his successor. By an order to be filed in the office of the secretary of state, the governor shall designate one of the judges as presiding judge, who shall act as such during his term, and thereafter upon the appointment of his successor, the governor shall designate such successor or any other judge of the court as presiding judge, who shall act as such during his term. The office of commissioner of claims is hereby abolished, but the commissioners now in office shall continue to have the powers and duties of commissioners of claims until the appointment and qualification of judges of the

1 From 1877 to 1896, this Article, comprising §§ 263 to 313. related to four courts, which were styled the Superior City Courts, viz., the Superior Court of the City of New York, the Court of Common Pleas for the City and County of New York, the Superior Court of Buffalo and the City Court of BrookIvn. The Constitution of 1894, § 5, provided that these courts should be abolished from and after January 1, 1896, and transferred their jurisdiction to the Supreme Court. Then, by L. 1895, c. 946, § 2, §§ 263 to 313 of the Code were repealed. Sections 263 to 280, relating to the Court of Claims, were afterwards introduced into the Code by L. 1897, c. 36. By the amendments of 1911 (L. 1911, c. 856) the jurisdiction of this court was transferred to the Board of Claims, but by a later amendment (L. 1915, c. 1) the Court of Claims was re-established.