§ 212. Copyright of reports. Neither the State reporter nor any other person shall obtain a copyright for the opinions contained in the reports; and the same may be published by any person. But the copyright of the statements of facts, of the head-notes, and of all other notes or references, prepared by the State reporter, must be taken by, and shall be vested in the Secretary of State, for the benefit of the people of the State. From ch. 245 of 1850, 81, amending ch. 224 of 1848, § 3; and Id., § 2. § 213. Secretary of state to distribute reports. Of the copies of each volume of the reports, furnished to the secretary of state, he must deliver one to the clerk of each county, for the use of the county, deposit one in the office of the attorney-general, deliver one to the clerk of the court of appeals, for the use of that court and one copy for each judge thereof, deliver one to each justice of the supreme court, and to each county judge, and deposit three copies in the state library. From ch. 280 of 1847, § 74 Am'd by ch. 218 of 1894, and ch. 278 of 1899. § 214. Unreported decisions, etc., to be delivered by reporter to successor. A State reporter must, on the appointment of his successor, deliver to him all papers in his hands, pertaining to a cause which he has not reported, or which are not necessary to be retained by him, to complete the publication of a volume, which is then partly printed. From ch. 555 of 1865, § 2. § 215. Opinions, etc., not to be delivered, except, etc. A State reporter, after the expiration of his term of office, shall not deliver a paper specified in the last section, or a copy thereof, to any person other than his successor in office, or the publisher of a partly printed volume; except that a copy of such a paper may be furnished by him, during a vacancy in the office, to a judge of the court, or to the attorney for a party to the cause to which it relates. From Id., § 3. See art. VI, § 21, New York Const. § 216. Certain opinions to be deposited with clerk. The State reporter must deposit with the clerk of the court, all opinions delivered to him, which are not to be reported, immediately after the publication of the reports of the other cases, decided at the same time. They must be properly filed and preserved, by the clerk. From Id., 4. TITLE II. The supreme court. ARTICLE 1. Jurisdiction and powers; designations of terms; distribution of business among the terms and judges; attendants upon the sit tings; miscellaneous provisions. 2. The supreme court reporter. 3. Stenographers. ARTICLE FIRST. Jurisdiction and Powers; Designations of Terms; Distribution of Business among the Terms and Judges; Attendants upon the Sittings; Miscellaneous Provisions. SEC. 217. General jurisdiction of supreme court. 218. Supreme court may change place of trial of actions pending in other courts. 219. Judicial departments; appellate division. 220. Presiding and associate justices; how long to act. 221. Vacancies; how filled. 222. Assignment of duties to justice whose designation is revoked. 223. Designation, etc., to be filed with Secretary of State. 224. Presiding and associate justices may act out of their departments. [Repealed.] 225. Times and places of holding terms of the appellate division of the supreme court; how appointed. 226. Appointment to be published. 227. Appointment may be made or filed after the prescribed time. [Repealed.] 228. When associate justice to preside. 229. Special term, title to office. 230. Number of justices necessary for a decision. 231. Reargument, et cetera, when cause to be heard in another depart ment. 232. Appointment of trial and special terms. 233- Publication of appointments. 234. Governor may appoint extraordinary terms; justices to hold them. 235. General powers and duties of justices. 236. Governor may appoint in New York city, judge of other court to hold terms. [Repealed.] 237. Designation of trial justices in certain cases. 238. Place of holding the terms. 239. Special terms adjourned to chambers; trials thereat. 240. Judges of superior court of Buffalo may make orders. [Repealed.] 241. What judges may perform duties of justice at chambers. 242. Officers required to attend term of appellate division. Sheriff's duty. 243. Fees of such officers; how paid. § 217. General jurisdiction of supreme court. The general jurisdiction in law and equity, which the supreme court of the State possesses under the provisions of the Constitution, includes all the jurisdiction, which was possessed and exercised by the supreme court of the colony of New York, at any time, and by the court of chancery in England, on the fourth day of July, seventeen hundred and seventy-six; with the exceptions, additions, and limitations, created and imposed by the Constitution and laws of the State. Subject to those exceptions and limitations, the supreme court of the State has all the powers and authority of each of those courts, and exercises the same in like manner. From 2 R. S. 173, Part 3, ch. 1, tit. 2, § 36; 2 R. S. 196, Part 3, ch. 1, tit. 3, § 1; ch. 280 of 1847, § 16. See N. Y. Const., art. 6, § 1. § 218. Supreme court may change place of trial of actions pending in other courts. The supreme court upon the application of either party, may, and in a proper case, must make an 'order, directing that an issue of fact, joined in an action, or special proceeding, pending in any other court of record except the city court of the city of New York, or a county court, to be tried at a term of the supreme court in another county, on such terms, and under such regulations as it deems just and thereupon the issue must be tried accordingly. After the trial the clerk of the county, in which it has taken place, must certify the minutes thereof; which must be filed with the clerk of the court in which the action or special proceeding is pending. The subsequent proceedings in the last mentioned court must be the same as if the issue had been tried therein. From ch. 280 of 1847, § 49. Am'd by ch. 946 of 1895. § 219. Judicial departments; appellate division. The state is hereby divided into four judicial departments. The first department shall consist of the county of New York; the second department shall consist of the counties embraced within the present second judicial district; the third department shall consist of the counties embraced within the present third, fourth and sixth judicial districts; the fourth department shall consist of the counties embraced within the present fifth, seventh and eighth judicial districts. This and the next two sections are from ch. 408 of 1870, as amended by ch. 616 of 1875 Am'd by ch. 376 of 1895. § 220. Presiding and associate justices; how long to act. On and after the first day of January, eighteen hundred and ninetysix. there shall be an appellate division of the supreme court in each judicial department hereby created, consisting of seven justices in the first department and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department, and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years, or the unexpired portions of their respective terms of office, if less than five years. From time to time, as the terms of such designations expire, or vacancies occur, he shall make new designations. He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division. A majority of the justices designated to sit in the appellate division in each department shall be residents of the departments. Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several depart ments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals, from such department to any other department for hearing and determination. No justice of the appellate division shall exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, eighteen hundred and ninety-five the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms, and by the general terms of the court of common pleas for the city and county of New York, the sup rior court of the city of New York, the superior 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 cinions of the court shall be delivered by the judges immediately after the descisions of the cases in which they are written are made, and to make rules and regulations governing the practice therein. The appellate court shail 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. Am'd by ch. 376 of 1895. § 221. Vacancies; how filled. The justices of the appellate division in each of the third and fourth departments snall have nower to appoint and remove a clerk who shall keep his office at a piace to be designated by said justices. The clerks of the appellate division in said departments shall be paid an annual salary of two thousand dollars. A certificate of the appointment of each of said clerks signed by the presiding justice of the judicial department for which said clerk is appointed shall be filed with the comptroller of the State, and the salary hereby established shall be paid by the comptroller of the State to such appointees quarterly. The justices of the appellate division in each of said departments shall have the power to appoint and remove not more than three attendants, one of whom shall act as crier. Each of said attendants shall receive a compensation to be fixed by the justices, which shall not exceed nine hundred dollars per year, payable monthly. He shall also be entitled to receive his traveling expenses to and from his home to the place where said sessions are held, not exceeding once in cach term. The compensation of the attendants shall be paid by the comptroller of the State upon, the certificate of the presiding justice of the department. Each justice of the appellate division in each of said departments shall have power to employ the services of a stenographer. The compensation of each stenographer shall be paid by the comptroller of the State upon the certificate of the justice by whom be is employed. Such compensation shall not exceed twelve hundred dollars a year. Subd. 1. The presiding justice of the appellate division of the fourth department shall, with the approval of the other justices of said department, have power to appoint and remove an assistant to the clerk of said appellate division, who shall be paid an annual salary of one thousand dollars. A certificate of the appointment of such assistant clerk signed by the justices of the said fourth department, shall be filed with the comptroller of the State, and the salary hereby established for such assistant clerk shall be paid by the said comptroller toch appointee quarterly. Subd. 2 The clerk of the appellate division of the fourth department. in addition to the salary herein provided, shall be entitled to receive his necessary disbursements for postage. telephone. teleg-arh and express charges, to be certified by the presiding justice of said depart ment and to be paid in the same manner as his salary. And the compensation herein provided for said clerk and said assistant clerk shall be in lieu of all fees and charges, and neither said clerk nor assistant clerk shall hereafter be permitted to charge or receive any fee whatever in addition to his salary, for any official service rendered by him. Subd. 3. The justices of the appellate division of the supreme court in the third judicial department shall have power to appoint and remove a deputy clerk of said court, who shall be paid an annual salary of one thousand dollars by the comptroller quarterly. A certificate of such appointment, signed by the presiding justice, shall be filed with the comptroller of the state. Subd. 4. The deputy clerk of the appellate division of the supreme court in the third judicial department shall also act under direction of said court as librarian, and have charge of the library in use by said court, and for such additional services shall receive the additional sum of five hundred dollars per annum, to be paid in the same manner as his salary as deputy clerk. Am'd by ch. 376 of 1895 and ch 647 of 1896. Subs. 1 and 2 added by ch. 367 of 1897. Sub. 3 added by ch. 491 of 1900. Sub. 4 added by ch. 536 of 1900. $222. Assignment of duties to justice, whose designation is revoked. Upon the written request of a justice designated for the appellate division, the governor may revoke his designation by an order to be filed in the office of the secretary of state. Where such designation is revoked. the governor may prescribe the duties to be performed by such justice in holding court in any part of the state, from the time of such revocation until the taking effect of the next appointment of terms, as prescribed in section two hundred and thirty-two of this act, for the judicial department in which such justice resides. Added by ch. 113 of 1896. Former section repealed by ch. 946 of 1895. § 223. Designation, etc., to be filed with secretary of state. A designation of a justice of the appellate division of the supreme court must be in writing, and filed in the office of the secretary of state. Am'd by ch. 946 of 1895. § 224. Presiding and associate justices may act out of their departments. Repealed by ch. 946 of 1895. $ 225. Times and places of holding terms of the appellate division of the supreme court; how appointed. The terms of the appellate divisions of the supreme court are to be appointed by the appellate division in each department, and are to be held at such times and places and shall continue so long as the appeilate division deems proper. From ch. 766 of 1871, and part of § 3, as amended by ch. 778 of 1872 and by ch. 167 of 1875. Am'd by ch. 416 of 1877, and ch. 946 of 1895. § 226. Appointment to be published. An appointment of a term or terms of an appellate division must be made and filed in the office of the secretary of state at least thirty days before the commencement of such term or terms. The secretary of state must immediately publish a copy thereof in the newspaper 1 |