TITLE 1. Courts of record enumer ated. Courts not of record General provision as § 2. 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 supreme court. 4. A circuit court in each county. 5. A court of oyer and terminer in each county. 6. The court of common pleas for the city and county of New York. 7. The superior court of the city of New York. 8. The court of general sessions of the peace in and for the city and county of New York. 9. The superior court of Buffalo. 10. The city court of Brooklyn. 11. The city court of Long Island city. 12. The city court of Yonkers. 13. A county court in each county, except New York. 14. A court of sessions in each county, except New York. 16. The mayor's court of the city of Hudson. § 3. Each of the following courts of the State is a court not of record: 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. § 4. Each of those courts shall continue to exercise the jurisdiction to ju- and powers now vested in it by law, according to the course and pracrisdiction, tice of the court, except as otherwise prescribed in this act. etc. 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. 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. 23. Id.; teste and return. 25. No discontinuance by reason of vacancy, etc. 24. Id.; to be subscribed or indorsed. 26. In New York, one judge may continue proceedings commenced before tings of 5. The sittings of every court within this State shall be public, The sitand every citizen may freely attend the same, except that in all pro- courts to ceedings and trials in cases for divorce, on account of adultery, seduc- be public. tion, 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. to sit on special cases. § 3. A court shall not be opened, or transact any business on Sun- Courts not day, except to receive a verdict or discharge a jury. An adjournment Sunday, of a court on Saturday, unless made after a cause has been committed except in 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 offence. § 7. A court of record has power: General courts of 1. To issue a subpæna, requiring the attendance of a person found in powers of the State, to testify in a cause pending in that court; subject, however, record. 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, neces sary to carry into effect the powers and jurisdiction possessed by it. § 8. A court of record has power to punish for a criminal contempt, Criminal 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. Wilful disobedience to its lawful mandate. 4. Resistance wilfully 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 trie, full, and fair report of a trial, argument, decision, or other proeeeding therein. contempts defined. criminal 9. Punishment for a contempt, specified in the last section, may Punishbe by fine, not exceeding two hundred and fifty dollars, or by imprison- ment for ment, not exceeding thirty days, in the jail of the county where the contempts. 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, he must be discharged 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. tempts in $10. Such a contempt, committed in the immediate view and Such conpresence of the court, may be punished summarily; when not so com- view of mitted, the party charged must be notified of the accusation, and have court; how a reasonable time to make a defence. punished, etc. TITLE 2. Examina tion and admission of attor neys. Rules, how changed. Exemp tions to graduates law schools. prosecnting or defending in person, unless otherwise specially prescribed therein, or unless that construction is manifestly repugnant to the context. If a party has an attorney in the action, he cannot appear to act in person, where an attorney may appear or act, either by special provision of law, or by the course and practice of the court. § 56. A male citizen of the State, of full age, hereafter applying to be admitted to practice as an attorney or counsellor, in the courts of record of the State, must be examined at a general term of the supreme court, by the justices holding the term, or a committee appointed by them. If it is found that he has complied with the rules, established by the court of appeals for that purpose, and he is approved, by the justices holding the term, for his good character and learning, the court must direct an order to be entered, stating those facts, and admitting him to practice as an attorney and counsellor, in all the courts of record of the State. Thereupon, after qualifying, as prescribed in section fifty-nine of this act, he is entitled to practice accordingly; subject, nevertheless, to suspension or removal from office, as prescribed by law. § 57. The rules established by the court of appeals, touching the admission of attorneys and counsellors to practice in the counts of record of the State, shall not be changed or amended, except by a majority of the judges of that court. A copy of each amendment of those rules must, within five days after it is adopted, be filed in the office of the Secretary of State; who must transmit a printed copy thereof to the clerk of each county, and to the presiding justice of the supreme court, in each judicial department, and also cause the same to be published, in the next ensuing volume of the session laws. § 58. Nothing contained in the last two sections prevents the court of appeals from dispensing, in the rules established by it, with the of certain whole or any part of the stated period of clerkship, required from an applicant, or with an examination, where the applicant is a graduate of the Albany law school, the law department of Union University, or of the law department of the university of the city of New York, or of the law school of Columbia College, or of the law department of Hamilton College, and produces his diploma upon his application for admission. § 59. Each person, admitted as prescribed in the last three sections. must, upon his admission, take the Constitutional oath of office in open certificate court, and subscribe the same in a roll or book, to be kept in the supreme court for that purpose. The clerk, upon the payment of the fees allowed by law, must deliver to the person admitted, a certificate under his hand and official seal, stating that such person has been so admitted, and that he has taken and subscribed the Constitutional oath of office, as prescribed in this section. Attorney's oath of ofice, and of admis sion. Attorneys residing in states. $ 60. A person, regularly admitted to practice as attorney and counadjoining sellor, in the courts of record of the Stafe, whose office for the transaction of law business is within the State, may practice as such attorney or counsellor, although he resides in an adjoining State. But service of a paper, which might be made upon him at his residence, if he was a resident of the State, may be made upon him, by depositing the paper in a post-office in the city or town where his office is located, properly inclosed in a postpaid wrapper, directed to him at his office. A service thus made is equivalent to personal service upon him. § 61. The clerk, deputy-clerk, or special deputy-clerk of a court shall not, during his continuance in office, practice as attorney or counsellor in that court. Clerks, etc., not to practice. seal of a court is lost or destroyed, the court must cause a new seal to be made, similar in all respects to the former seal, which shall become the seal of the court. The expense of a new seal for a county clerk, a surrogate's court, or a local court in a city, must be paid as part of the contingent expenses of the county or of the court, as the case requires. The expense of a new seal for any other court must be paid from the State treasury. ART. 3. ARTICLE THIRD. MISCELLANEOUS PROVISIONS RELATING TO THE SITTINGS OF THE COURTS. 34. Adjournment of court to a future day. 35. Adjournment to next day, judge not appearing. 36. When court to be adjourned without day. 37. Causes tried elsewhere than at court-house. 38. Governor may change place for holding courts of record. 39. Such appointment, etc., to be recorded and published. 40. Judge may change place for holding court of record. 41. Actual session may be adjourned to another place. 42. Place for holding courts in city of New York, how changed. 43. When court-house is unfit to hold court, another place to be appointed. ment of court. 45. Trial once commenced may be continued beyond term. how fur §31. Except where other provision is made therefor by law, the Rooms, board of supervisors of each county must provide each court of fuel, etc., record, appointed to be held therein, with proper and convenient rooms nished. and furniture, together with attendants, fuel, lights, and stationery, suitable and sufficient for the transaction of its business. If the supervisors neglect so to do, the court may order the sheriff to make the requisite provision; and the expense incurred by him in carrying the order into effect, when certified by the court, is a county charge. etc., be $ 32. Strong, spirituous, or fermented liquor, or wine, shall not, on No liquors, any pretence whatever, be sold within a building established as a to court-house for holding courts of record, while such a court is sitting courttherein. house. ment of $33. A person violating the last section is guilty of a misdemeanor. Penalty. $34. A general, special, or trial term of a court of record may be Adjourn adjourned, from day to day, or to a specified future day, by an entry court to a in the minutes. Jurors may be drawn for, and notified to attend a future day. *erm so adjourned, and causes may be noticed for trial thereat, as if it was held by original appointment. Any judge of the court may so adjourn a term thereof, in the absence of a sufficient number of judges to hold the term. ing. § 35. If a judge, authorized to hold a term of a court, does not come Adjourn to the place, where the term is appointed to be held, before four o'clock me of term, judge in the afternoon of the day so appointed, the sheriff or clerk must then pot appearqen the term, and forthwith adjourn it to nine o'clock in the morning of the next day. If such a judge attend by four o'clock, in the afternoon of the second day, he must open the term; otherwise the sheriff or the cerk must adjourn it without day. TITLE 2. Attorney not to buy claim. Certain loans prohibited. Penalty. Limitation of preceding sections. Same rule when party prosecutes in person. torney, defend prosecu tions. prosecute or defend an action in his name, he, and the person who so uses his name, each forfeits to the party, against whom the mandate has been sued out, or the action prosecuted or defended, the sum of fifty dollars, to be recovered in an action. $73. An attorney or counsellor shall not, directly or indirectly, buy, or be in any manner interested in buying, a bond, promissory note, bill of exchange, book-debt, or other thing in action, with the intent and for the purpose of bringing an action thereon. § 74. An attorney or counsellor shall not, by himself, or by or in the name of another person, either before or after action brought, promise or give, or procure to be promised or given, a valuable consideration to any person, as an inducement to placing, or in consideration of having placed, in his hands, or in the hands of another person, a demand of any kind, for the purpose of bringing an action thereon. But this section does not apply to an agreement between attorneys and counsellors, or either, to divide between themselves the compensation to be received $75. An attorney or counsellor, who violates either of the last two sections, is guilty of a misdemeanor; and, on conviction thereof, shall be punished accordingly, and must be removed from office by the supreme court. § 76. The last three sections do not prohibit the receipt, by an afterney or counsellor, of a bond, promissory note, bill of exchange, bookdebt, or other thing in action, in payment for property sold, or for services actually rendered, or for a debt antecedently contracted; or front buying or receiving a bill of exchange, draft, or other thing in action. for the purpose of remittance, and without intent to violate either of those sections. § 77. The last four sections apply to a person prosecuting an action in person, who does an act, which an attorney or counsellor is therein forbidden to do. Partner of § 78. An attorney or counsellor shall not, directly or indirectly, addistrict at vise concerning, aid, or take any part in, the defence of an action or etc., not to special proceeding, civil or criminal, brought, carried on, aided, advocated, or prosecuted, as Attorney-General, district-attorney, or other public prosecutor, by a person with whom he is interested or connected, either directly or indirectly, as a law partner; or take or receive, directly or indirectly, from a defendant therein, or other person, a fee, gratuity, or reward, for or upon any cause, consideration, pretence, understanding, or agreement whatever, either express or implied, having relation thereto, or to the prosecution or defence thereof. Attorney not to do fend when he has been public prosecutor. Penalty. Limitation $79. An attorney or counsellor, who has brought, carried on, aided, advocated, or prosecuted, or has been in anywise connected with, an action or special proceeding, civil or criminal, as Attorney-Genera., district-attorney, or other public prosecutor, shall not, at any time thereafter, directly or indirectly, advise concerning, aid, or take any part in, the defence thereof; or take or receive, either directly or indirectly, from a defendant therein, or other person, a fee, gratuity, or reward. for or upon any cause, consideration, pretence, understanding, or agreement, either express or implied, having relation thereto, or to the prosecution or defence thereof. § 80. An attorney or counsellor, who violates either of the last two sections, is guilty of a misdemeanor; and, on conviction thereof, shall be punished accordingly, and must be removed from office by the supreme court. of provis- § 81. This article does not prohibit an attorney or counsellor from defending himself in person, if prosecuted either civilly or criminally. ions. 14 |