THE CODE OF CIVIL PROCEDURE, CHAPTER 448, LAWS OF 1876, AND ALL SUBSEQUENT AMENDMENTS DOWN TO AND INCLUDING THE LAWS OF 1897. AN ACT RELATING TO COURTS, OFFICERS OF JUSTICE, AND CIVIL PROCEEDINGS. Passed June 2, 226; 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 regula tions 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. SECTION 1. Courts. ARTICLE FIRST. ENUMERATION AND CLASSIFICATION. 2. Courts of record enumerated. 3. Courts not of record. 4. General provision as to jurisdiction, etc. SECTION 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. 14. A surrogate's court in each county. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] [15.] The court of claims. March 9, 1897.] § 3. Courts not of record. a court not of record: [ADDED BY CH. 36 OF 1897. In effect Each of the following courts of the State is 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. 6. 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. [AM'D BY CH. 946 of 1895. In effect Jan. 1, 1896.] § 4. General provision as to jurisdiction, etc. [AMENDED BY CH. 416 OF 1877.] 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 the court, except as otherwise prescribed in this act. ARTICLE SECOND. GENERAL POWERS AND ATTRIBUTES OF THE COURTS. SECTION 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 offence is indictable. 14. Contempts punishable civilly. 15. No punishment for non-payment of interlocutory costs. 16. Id.; money due upon a contract. 17. Rules of courts of record, how made and revised. 18. Rules to be published. SECTION 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; abbreviations. 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 before another. 27. Provisions respecting the seals of courts. 28. Seals of counties. 29. What is a sufficient sealing. 30. New seals. § 5. The sittings of courts to be public. [AMENDED BY CH. 210 OF 1679.] 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. § 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 committed 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 offense, or the granting of an injunction order by a justice of the supreme court when in his judgment it is necessary to prevent irremediable injury or the service of a summons with or without a complaint if accompanied by an injunction order and an order of such justice permitting service on that day. [AM'D BY CH. 135, L. 1900. In effect Sept. 1, 1900.] § 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, prescribed 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. 3. To devise and make new process and forms of proceedings, necessary to carry into effect the powers and jurisdiction possessed by it. § 8. Criminal contempts defined. A court of record has power to punish for a criminal contempt, a person guilty of either of the following acts, and no others: 1. Disorderly, contemptuous, or insolent behavior, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority. 2. Breach of the peace, noise, or other disturbance, directly tending to interrupt its proceedings. 3. Willful disobedience to its lawful mandate. 4. Resistance willfully offered to its lawful mandate. 5. Contumacious and unlawful refusal to be sworn as a witness; or, after being sworn, to answer any legal and proper interrogatory. 6. Publication of a false, or grossly inaccurate report of its proceedings. But a court cannot punish as a contempt, the publication of a true, full, and fair report of a trial, argument, decision, or other proceeding therein. $9. Punishment for criminal contempts. Punishment for a contempt, specified in the last section, may be by fine, not exceeding two hundred and 3 2 2 6 6 4 2 29 2 The methode al proc. B 3 3 3 4 3 3 3 4 §§ 10-14 CONTEMPTS. Tit. 1, Ch. 1 fifty dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court Where a person is committed to jail, for the non-payment of such a fine, be must be discha ged at the expiration of thirty days; but where he is also committed for a definite time, the thirty days must be computed from the expiration of the definite time. § 10. Such contempts in view of court; how punished, etc. Such a contempt, committed in the immediate view and presence of the court, may be punished summarily; when not so committed, the party charged must be notified of the accusation, and have a reasonable time to make a defence. § 11. Requisites of commitment. Where a person is committed for such a contempt, the particular circumstances of his offence must be set forth in the mandate of commitment. § 12. Preceding sections limited The last four sections do not extend to a special proceeding to punish a person, in a case specified in section fourteen of this act. § 13. Indictment, if offence is indictable. Punishment for a contempt, as prescribed in this article, does not bar an indictment for the same cffence; but where a person who has been so punished is convicted on such an indietment, the court, in sentencing him, must take into consideration the previous punishment. § 11. Contempts punishable civilly. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in either of the following cases: 1. An attorney, counselor, clerk, sheriff, coroner, or other person, in any manner duly selected or appointed to perform a judicial or ministerial ser vice, for a misbehavior in his office or trust, or for a willful neglect or violation of duty therein; or for disobedience to a lawful mandate of the court, or of a judge thereof, or of an officer authorized to perform the duties of such a judge. 2. A party to the action or special proceeding, for putting in fictitions bail or a fictitious surety, or for any deceit or abuse of a mandate or proceeding of the court. 3. A party to the action or special proceeding, an attorney, counselor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution cannot be awarded for the collection of such sum; or for any other disobedience to a lawful mandate of the court. 4. A person, for assuming to be an attorney or counselor, or other officer of the court, and acting as such without authority; for rescuing any property or person in the custody of an officer, by virtue of a mandate of the court; for unlawfully detaining, or fraudulently and willfully preventing, or disabling from attending or testifying, a witness, or a party to the action or special proceeding, while going to, remaining at, or returning from, the sitting where it is noticed for trial or hearing; and for any other unlawful interference with the proceedings therein. 5. A person subpoenaed as a witness, for refusing or neglecting to obey the subpoena, or to attend, or to be sworn, or to answer as a witness. 6. A person duly notified to attend as a juror, at a term of the court, for improperly conversing with a party to an action or special proceeding, to be tric at that term, or with any other person, in relation to the merits of that §§ 15-21. action or special proceeding: or for receiving a communication from any person, in relation to the merits of such an action or special proceeding, without immediately disclosing the same to the court. 7. An inferior magistrate, or a judge or other officer of an inferior court, for proceeding, contrary to law, in a cause or matter, which has been removed from his jurisdiction to the court inflicting the punishment; or for disobedience to a lawful order or other mandate of the latter court. 8. In any other case, where an attachment or any other proceeding to punish for a contempt, has been usually adopted and practiced in a court of record, to enforce a civil remedy of a party to an action or special proceeding in that court or to protect the right of a party. § 15. No imprisonment for non-payment of interlocutory costs. [AMENDED BY CH. 416 OF 1877.] But a person shall not be arrested or imprisoned, for the non-payment of costs, awarded otherwise than by a final judgment, or a final order made in a special proceeding instituted by State writ, except where an attorney, counselor, or other officer of the court, is ordered to pay costs for misconduct as such or a witness is ordered to pay costs on an attachment for non-attendance. § 16. Id.; money due upon a contract. Except in a case where it is otherwise specially prescribed by law, a person shall not be arrested or imprisoned for disobedience to a judgment or order, requiring the payment of money due upon a contract, express or implied, or as damages for nonperformance of a contract. §17. Rules of courts of record, how made and revised. the appellate division of the supreme court shall meet in convention at the capitol in the The justices assigned to city of Albany, on the fourth Tuesday in October, eighteen hundred and ninety-five, and at least every second year thereafter. They must also meet from time to time at the same place whenever called together by at least five of said justices at a time to be fixed in the said call, a copy of which shall be delivered at least one week before the time fixed to the presiding justice of each department. not inconsistent with this act which shall be binding upon all the courts in this state and The convention must establish rules of practice all the judges and justices thereof, except the court for the trial of impeachments and the court of appeals. A majority of the members of such convention shall constitute a quorum. The rules thus established are styled in this act " convention shall have power to appoint and remove a reporter; and must also adopt a seal the general rules of practice." for each department of the appellate division of the supreme court. The of the seals specified in this section must be deposited and recorded in the office of the A description of each secretary of state and must remain of record. from the state treasury. [New.] [AM'D BY CHAP. 946 OF 1895. In effect June 26, 1895.] The expense of such seals must be paid § 18. Rules to be published. A rule thus established, or a general rule or order of the court of appeals, does not take effect, until it has been published in the newspaper published at Albany, in which legal notices are required by law to be published, once in each week for three successive weeks. § 19. Courts to order calendar printed. The supreme court, or a county court, may, from time to time, by order, require the clerk to cause to be printed for the use of the members and officers thereof, the necessary copies of the calendar of causes, prepared for a term of the court. section does not apply to the city and county of New York. [AM'D BY But this CHAP. 946 OF 1895. In effect Jan. 1, 1896.] § 20. Expense to be a county charge. The expense of printing the copies of the calendar for a term, shall be a charge upon the county in which the term is held; and must be audited, allowed, and paid, by the board of supervisors thereof, in like manner as other contingent county charges, except that the expense of printing the copies of the calendars for the terms of the appellate division of the supreme court which shall be a charge upon the state and sha!! be audited by the comptroller and paid out of the treasury of the state. [A BY CH. 523 OF 1899. In effect Sept. 1, 1899.] |