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THE JUDICIARY LAW.

REVISERS' GENERAL NOTE.

This bill is intended to present the first chapter in a general re vision of the code of civil procedure. The commissioners of statutory revision were also appointed commissioners of code revision in eighteen hundred and ninety-five, and presented a preliminary report to the legislature in eighteen hundred and ninety-six, setting forth an outline of a proposed plan of revision of the code, embracing five parts. The commissioners were at that time of the opinion that it would be practicable to make such a division of the code, and enact it as one body of procedure, as suggested, in parte, each of which was to be substantially independent, with separate sections, et cetera. Under that plan the first part was intended to embrace that which in this chapter we propose to call the “ judiciary law," including provisions applicable to courts and, generally, to the administration of justice. We have transferred to this chapter about five hundred sections of the code of civil pro cedure, and about one hundred independent statutes relating directly or indirectly to the same subjects. Some provisions have also been transferred from the code of criminal procedure. It is intended to make this chapter applicable, generally, to all courts, whether of record or not of record, and thus avoid the necessity of repeating provisions in chapters relating to procedure in partiou. lar courts. The number of subjects included in this chapter, and the importance of its provisions, justify the enactment of a gen. eral law relating to the constitution and organization of courts, the functions of various officers, limitation of actions, various branches of the subject of evidence, the admission of attorneys, reporters, stenographers, compensation of judicial and other offi. cers, rules of courts, appointments of terms and various jurisdiotional matters, not a necessary part of procedure. The elimination of these subjects from the present code of civil procedure will afford an opportunity for a revision which shall relate, exclu. sively, to practice.

A brief note has been prefixed to each article, explaining its gen. eral scope, and further notes will be found under each section, showing changes, if any, which have been made in existing law, and also the sources of the proposed section. Dated January 22, 1900.

CHARLES Z. LINCOLN,
WILLIAM H. JOHNSON,

A. JUDD NORTHRUP,
Commissioners of statutory and code revision,

evision

THE JUDICIARY LAW.

AN ACT in relation to the administration of justice, constituting

chapter fifty-three of the general laws.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAPTER LIII OF THE GENERAL LAWS.

THE JUDICIARY LAW.

Article

I. General provisions relating to courts and judges.

(SS 1-41.)
II. Court of appeals. (SS 50–64.)
III. Supreme court. (S$ 70-115.)
IV. Attorneys and counselors-at-law. (SS 130-152.)

V. Court reporters. (S$ 160–182.)
VI. Stenographers. (SS 190-213.)
VII. Court officers and attendants. (SS 220-230.)
VIII. Execution of civil mandates. (SS 240-247.)
IX. Court of claims (SS 260-281.)

X. Limitations of actions. (SS 290–343.)
XI. General regulations respecting evidence and the

competency and mode of examination of wit.

nesses. (SS 360-384.) XII. Compelling the testimony and attendance of wit.

nesses. (SS 400-418.)
XIII. Documentary evidence. (SS 430-488.)
XIV. General provisions relating to fees. (SS 500-514.)

XV. Miscellaneous provisions. (SS 530–537.)
XVI. Laws repealed; when to take effect. (S$ 550-551.)

ARTICLE I.

GENERAL PROVISIONS RELATING TO COURTS AND JUDGES.

Beation 1. Title and application.

2. Courts of record.
3. Courts not of record.
4. Jurisdiction continued.
6. The sitting of courts to be public.
6. Courts not to sit on Sunday, except in special cases.
7. General powers of courts of record.
8. Writs, or process, to be in name of the people, and

in English; abbreviations.
9. Writs or process; teste and return.
10. Writs or process; to be subscribed or indorsed; when

error, not to vitiate. 11. Substitution of one officer for another in special pro

ceeding. 12. Proceedings before substituted officer. 13. No discontinuance by reason of vacancy or change

in judges. 14. Same proceedings before different judges. 15. Adjournment of court to a future day. 16. Adjournment of term, judge not appearing. 17. When a court to be adjourned to a day certain. 18. Cases tried elsewhere than at courthouse. 19. Governor may change place for holding courts of

record. 20. Such appointment, or revocation thereof, to be

recorded and published.
21. Judge may change place for holding court of record.
22. Actual session may be adjourned to another place.
23. When courthouse is unfit to hold court.
24. Effect of failure or adjournment of court.
25. Trial once commenced may be continued beyond

term.
26. Judge not disqualified in certain cases.

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