TITLE 3. Claim of Patisfied. $181. If the real estate of any infant, or any part of it, shall be subject to dower, and the person entitled thereto, shall consent in wridower, how ting to accept a gross sum in lieu of such dower, or the permanent investment of a reasonable sum, in such manner as that the interest thereof be made payable to the person entitled to the said dower, during life, the court may direct the payment of such sum in gross, or the investment of such sum, as shall be deemed reasonable, and shall be acceptable to the person entitled to such dower, in manner aforesaid; which sums so paid or invested, shall be taken out of the proceeds of the sale of the real estate of such infant.54 Dower to be released. $182. Before any such sum shall be paid, or such investment made, the court shall be satisfied that an effectual release of such right of dower has been executed.54 Its powers & jurisdiction. court. TITLE III. OF THE SUPREME COURT. SEC. 1. Powers and jurisdiction of the court. 2. Terms of the court; times of commencing them. 3. Places of holding the several terms. 4. How long terms may be held. 5. Duration of terms, as respects process; teste and return of process. 7. Constables and sheriff to attend court; their compensation. 8. Seals of the court retained. 9 & 10. Process, how to be made returnable, and how tested. 12. Common return days, &c. to be designated by court. 20. To regulate supreme court commissioners. 21. To compel parties to produce books, papers, &c. 22. To prescribe cases where discovery may be compelled, &c. 23. Proceedings to obtain discovery; order thereon. 24. In what cases and by whom order may be vacated. 25. Proceedings may be stayed, until order obeyed. 26. Limitation on power of court, in compelling discovery. 28. Duty of justices to revise rules at certain times. § 1. The supreme court shall possess the powers, and exercise the jurisdiction, which belonged to the supreme court of the colony of New-York, with the exceptions, limitations and additions, created and imposed by the constitution and laws of this state. Terms of the $ 2. There shall be four several terms of the supreme court held in each year, commencing as follows, viz: On the first Mondays of January, May and July, and the third Monday of October; which (54) Laws of 1815, p. 103, § 5 & 6. said terms shall respectively be called the January, May, July, and TITLE 3. October terms of the said court. 55 $3. The terms shall be held at the following places : 1. The January and October terms in each year, at the Capitol in the city of Albany: 2. The May term, in each year, at the City-Hall in the city of New-York: and, 3. The July term, in each year, at the Academy, in the town of Utica. 65 Places of holding them. $4. The several terms may be continued and held from the com- How long mencement thereof, until and including the fifth Saturday after the may he held. commencement of each term; but no argument of any cause shall be heard during the fifth week of any term, unless by the consent of parties, or their counsel. 56 in what time and when to be issued, turned. $5. Each term, so far as respects the issuing, teste, and return of Process, wihprocess, except subpoenas, attachments and writs of habeas corpus, shall be considered as ending on the second Saturday after its com- tested and remencement. All process, except where otherwise provided by law, if issued in term, may be tested on any day in that term, and made returnable on any day in the same term, or the next term; and if issued in the vacation, may be tested on any day in the preceding term, and be made returnable on any day in the next term.57 upun non at judges. $ 6. If by reason of any casualty, neither of the justices of the said Adjournment court shall attend at any term thereof, on the first day of such term, it tendance of shall be the duty of the clerk of the said court, at any time after five o'clock in the afternoon of such day, to open the said court by proclamation, and immediately to adjourn the same to the next day, and so to open and adjourn the said court from day to day, until the justices of the said court, or one of them, shall appear; when the court shall proceed to business, as if it had been opened and adjourned by a justice thereof, 58 constables to $7. The sheriff of the county in which any term of the court shall Sheriff and be held, shall, before the commencement of such term, summon two attend court. constables of his county to attend the same. The said sheriff, and the constables so summoned, shall attend the court during its sitting: and the compensation allowed by law for such attendance, shall be paid out of the treasury of this state.5 59 $8. The three seals of the court heretofore devised, and of which Seals. a description in writing has been deposited and recorded in the office of the secretary of this state, shall continue to be the seals of the court; and each clerk shall have the custody of one of them.60 (55) Laws of 1823, p. 208, § 1. $ 4. (59) Laws of 1820, p. 200. (56) Ib. 1827, p. 61. (57) 1 R. L. p. 818, § 1. (68) Ib. (60) 1 R. L. p. 320, §8. TITLE 3. $9. All process returnable in the said court shall be made returnable as follows: Before our justices of our supreme court of judicareturnable. ture, at the Capitol in the city of Albany," or "at the City-Hall in the city of New-York," or "at the Academy in the town of Utica," as the case may Process, how How tested. Before whom proceedings, &c. to be stated. Common return days. Powers and duties of clerks. Deputies of clerks. be.6 61 $10. All process issuing out of the supreme court, shall be tested in the name of the chief justice, or if there be no chief justice, in the name of any justice of the court. 61 $11. Proceedings in the said court, and all pleadings and records therein, shall be stated to be "before the justices of the supreme court of judicature, of the people of the state of New-York."61 $12. The court shall, from time to time, by general rules, designate such days in each term, for common return days, and for the transaction of such special business, as shall be assigned for such days. 62 $ 13. At each term of the court, it shall be the duty of the clerk residing in the place in which the same is held, to attend and officiate as clerk. Each clerk of the court shall have the like powers, and be subject to the like duties, 62 $14. Each of the clerks of the supreme court shall appoint some proper person to be his deputy, by writing under his hand and seal, Their oath. to be filed in his office. Every person so appointed deputy, shall take and subscribe the constitutional oath of office. Their powers in absence, $ 15. Whenever a clerk of the supreme court shall be absent from &c. of clerks. the county where his office is situated, or shall be incapable of performing the duties of his office, and whenever his office shall be vacant, his deputy so appointed, may perform all the duties appertaining to such office, during such absence, inability or vacancy. Removal of papers. Certain pamay be $ 16. The justices of the supreme court, may, from time to time, direct the removal of such records and papers, as they shall think proper, from the clerks' offices in the city of New-York and the town of Utica, to the clerk's office in the city of Albany; and may also from time to time direct the removal of any papers in a cause, from one clerk's office to another.63 $ 17. The court may also from time to time, by an order to be endestroyed. tered in the minutes thereof, direct either of the clerks of the court, to destroy any pleadings, nisi prius records or venires, now filed, or that may hereafter be filed in either of the clerk's offices, which the court shall deem to have become useless; but this provision shall not au thorise the destruction of any judgment rolls, records or process, not herein before enumerated.63 Reports, copies to be furnished. $18. The supreme court reporter shall at his own expense, deliver one copy, bound in leather, of each successive volume of the reports (61) Laws of 1823, p. 208, § 2. (62) 1 R. L. p. 318, § 2 & 6. (68) Ib. p. 320, § 7. published by him, to the several clerks of the supreme court, and to TITLE 3. the register and assistant register of the court of chancery, for the use of those courts; and also to the secretary of state so many copies as shall be sufficient to supply the several courts of common pleas in this state, with one copy each.64 $19. The supreme court shall have power, from time to time, by Practice. general rules, to establish, modify, alter and amend the practice in the said court, in the cases not provided for by any statute. court com. § 20. In cases not otherwise provided for, the supreme court shall Supreme have power, from time to time, by general rules, to prescribe the ca- missioners. ses in which supreme court commissioners may grant orders to stay proceedings in causes and matters pending in the said court, and upon process issued therefrom; the effect of such orders; and the terms and conditions on which they shall be granted. production of $21. The supreme court shall have power in such cases as shall To compel be deemed proper, to compel any party to a suit pending therein, to papers, &c. produce and discover books, papers and documents in his possession or power, relating to the merits of any such suit, or of any defence therein. the cases, &c $22. The court shall, by general rules, prescribe the cases in To prescribe which such discovery may be compelled, and the proceedings for that purpose, where the same are not herein provided; and therein the court shall be governed by the principles and practice of the court of chancery in compelling discovery, except that the costs of such proceedings shall always be awarded in the discretion of the court. Order. $ 23. To entitle a party to any such discovery, he shall present a Proceedings. petition, verified by oath, to the court, or to any justice thereof, or to any circuit judge in vacation, upon which an order may be granted by the court or such officer, for the discovery sought, or that the party against whom the same is sought should shew cause why the prayer of such petition should not be granted. $24. Every such order may be vacated by the officer granting the Order, when same, or by the court, 1. Upon satisfactory evidence that it ought not to have been granted: 2. Upon the discovery sought, being made: 3. Upon the party required to make the discovery, denying on oath, the possession or control of the books, papers or documents, ordered to be produced. and by whom vacated. $25. The court shall provide by general rules, for the staying of Enforcing the proceedings of any party, against whom such discovery shall have orders. been ordered, either by the court or by an officer, until the same shall have been complied with or vacated. (64) 1 R. L. p. 320, § 10. TITLE 4. $26. In case of the party refusing or neglecting to obey such order for a discovery, within such time as the court shall deem reasonaation of pow-ble, the court may non-suit him, or may strike out any plea or notice Ib and limit er. Effect of papers, &c. produced. Rules to be revised. he may have given, or may debar him from any particular defence in relation to which such discovery was sought; and the power of the court to compel such discovery, shall be confined to the remedies herein provided, and shall not extend to authorise any other proceedings against the person or property of the party so refusing or neglecting. $27. The books, papers and documents produced under any order made in pursuance of the preceding sections, shall have the same effect, when used by the party requiring them, as if produced upon notice, according to the practice of the court. $ 28. The justices of the supreme court, within two years after this Chapter shall commence and take effect, and at the expiration of every seven years thereafter, shall revise the rules of the said court, with a view to the attainment, so far as may be practicable, of the following improvements in the practice: 1. The abolishing of fictitious and unnecessary process and proceedings: 2. The simplifying and abbreviating of pleadings and proceedings: 3. The expediting the decision of causes: 4. The diminishing of costs: and, 5. The remedying of such abuses and imperfections, as may be found to exist in the practice, in any class of actions cognizable in the said court. TITLE IV. OF THE CIRCUIT COURTS, SITTINGS, AND COURTS OF OYER AND TERMINER. SEC. 1. Division of state into eight circuits. 2. Circuits subject to alteration by legislature. 3. Powers of circuit judges. 4. Four circuits each year to be held in New-York, and two in all other counties. 5. Times and places of holding them, when and how often appointed. 6. Places at which courts shall be appointed to be held. 7. Lists of appointments to be transmitted to county clerks. 8. And to state printer; how to be published. 9. Mode of publication; expense how defrayed. 10. Courts to be held during pleasure of the judge. 11. Circuits in New-York may be adjourned. 12. Duty of circuit judges to attend circuits, &c. 13. Powers and duties of circuit courts. 14. Each justice of supreme court, and each circuit judge, may hold circuits and preside in courts of oyer and terminer. 15. Notice of vacancy in office of circuit judge, to be given. 16. Circuit judge to give notice of his inability to hold courts.. 17 & 18. Who to hold circuits, &c. in such cases; expense, how paid. 19. Circuits & oyer and terminer, how adjourned, if judge does not appear on first day 20. If judge attends on second day, courts to be opened. |