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THE CODE OF CIVIL PROCEDURE.

OF THE

STATE OF NEW YORK

AND ALL SUBSEQUENT AMENDMENTS DOWN TO AND INCLUDING THE LAWS OF 1903.

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:

CHAPTER I.

General Provisions Relating to Courts, and the Members and Officers thereof.

TITLE I.-The courts of the State; their general powers and attributes, and general regulations pertaining to the exercise thereof.

TITLE II.-Provisions of general application, relating to the judges, and certain other officers of the courts.

TITLE I.

The courts of the State; their general powers and attributes, and general regulations pertaining to the exercise 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.

§ 2. 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 appellate division of the supreme court in each department. 4. The supreme court.

5. The court of general sessions of the peace in and for the city and county of New York.

6. The city court of Long Island city.

7. The city court of Yonkers.

8. A county court in each county, except New York.

9. The city court of the city of New York.

10. The mayor's court of the city of Hudson.

11. The recorder's court of the city of Utica.

12. The recorder's court of the city of Oswego.

13. The justices' court of the city of Albany. 14. A surrogate's court in each county.

15. The court of claims.

From Co. Proc. part of § 9; and 2 R. L. of 1813. 8; 2 R. S. 218, Part 3, ch. 1, th 6, §§ 4 and 6; ch. 319 of 1844; ch. 374 of 1848; 2 R. S. 224, Part 3, ch. 2, tit. 3, H =3;

ch. 47 of 1821; ch. 96 of 1854; ch. 125 of 1849; ch. 218 of 1822; ch. 461 of 1871; ch. 627 of 1872; and ch. 866, tit. 4. § 1; ch. 61 of 1873; ch. 171 of 1874; ch. 68 of 1875.

Am'd ch. 416 of 1877; ch. 946 of 1895.

Sub. 15 added by ch. 36 of 1897.

Sub. 9.

Name changed from "Marine Court of the City of New York" by oh. 26 of 1883.

Sub. 14.

Name changed to "City Court of Albany " by ch. 122 of 1884. See §§ 7, 8, 3347, sub. 6. See also art. VI, § 18, N. Y. Const.

See also, ch. 438 of 1881, ch. 312 of 1898 and ch. 590 of 1899.

3. 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.

4. The police courts in certain cities and villages. 5. The justices' court of the city of Troy.

f The municipal court of the city of Rochester. 7. The municipal court of the city of Syracuse.

8. The municipal court of the city of Buffalo.

From Co. Proc. § 9; ch. 271 or 1834 ch. 129 of 1872; ch. 196 of 1896.

Am'd ch. 416 of 1877; and ch. 946 of 1995.

See art. VI, § 18, N. Y. Const.

Sub. 3. By char. of Greater New York, §§ 1350 and 1351, ch. 378 of 1897, the district courts were consolidated with the Justices' Courts of Brooklyn and Long Island City and called Municipal Court of New York City." See §§ 1345-1384, Greater New York Charter.

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Sub. 4. In New York City Police Justices are called "City Magistrates." See ch. 601 of 1895, §§ 1-11, 18, 19; ch. 378 of 1897, § 1412.

Sub. 5. By ch. 259 of 1900, name changed to "City Court of Troy."

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§ 4. 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.

From Co. Proc. § 10 and part of § 469.

Am'd ch. 416 of 1877.

See 1288 Consol. Act.

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