rules, not inconsistent with the Constitution or statutes of the State, regulating the practice and proceedings in the court, and the admission of attorneys and counsellors at law, to practice in all the courts of record of the State. ART. 2. rendered, § 194. The judgment or order of the court of appeals must be re- Remittitur; when judg. mitted to the court below, to be enforced according to law. Upon an ment absoappeal from an order granting a new trial, on a case or exceptions, if lute to be the court of appeals determines that no error was committed in grant- and proing the new trial, it must render judgment absolute upon the right of ceedings the appellant; and after its judgment has been remitted to the court below, an assessment of damages, or any other proceeding, requisite to render the judgment effectual, may be had in the latter court. thereupon. §195. Upon a second and each subsequent appeal, including a case Second and where a former appeal has been dismissed for a defect or irregularity, subsequent appeals. the time of filing the return, upon the first appeal, determines the place of the cause upon the calendar. § 196. The terms of the court of appeals must be appointed to be Times and held, at such times and places as the court thinks proper, and con- holding places of tinued as long as the public interest requires. terms. § 197. A term of the court may be appointed to be held in a building, Court may any build other than that designated by law for holding courts. A term may be be held in adjourned from the place where it is appointed to be held, to another ing; adplace in the same city. One or more of the judges may adjourn a ments. term, without day, or to a day certain. journ § 198. The court may, from time to time, by an order entered in its officers to minutes, appoint and remove its clerk, its reporter, and such attendants be appointas it deems necessary. ed by court, ARTICLE SECOND. THE CLERK OF THE COURT. SECTION 199. Clerk of the court of appeals to give bond; rooms for his office. 200. To appoint a deputy. Powers of deputy. 201. May employ assistants in his office. Special deputy. 202. Is successor of former clerk of court of appeals. 203. Money in custody of clerk to be deposited in bank. 204. Clerk to report to court of appeals concerning money. 205. Amount deposited to be certified by cashier. 206. Court may. order money to be invested; restrictions as to drawing 207. Court may appoint person to examine accounts. peals to rooms for § 199. The clerk of the court of appeals, before entering upon the Clerk of the duties of his office, must subscribe and file the Constitutional oath of court of apfice, and must execute and file in the Comptroller's office a bond to give bond; the people of the State, in the penalty of twenty-five thousand dollars, his office. with two sufficient sureties, approved by the Comptroller and conditioned for the faithful performance of the duties of his office. If the bond is forfeited by a breach of its condition, the court of appeals must, by order, direct an action to be brought thereon. The money recovered must be applied, under the direction of the court of appeals, to indemify the persons aggrieved by the breach, in proportion to their respectve losses, and to make good any other loss, occasioned by the breach. The clerk must keep his office at the city of Albany, and the trustees TITLE 1. a deputy. of the State Hall must assign him suitable rooms therein for that purpose. To appoint § 200. The clerk, by a writing, under his hand and the seal of the Powers of court, filed in his office, from time to time must appoint, and may at deputy. pleasure remove, a deputy-clerk, who is entitled to a salary, fixed and to be paid as prescribed by law. Before entering upon his duties, the deputy-clerk must subscribe and file in the clerk's office the Constitutional oath of office. While the clerk is absent from his office, or from the sitting of the court, or the office of clerk is vacant, the deputy-clerk has all the powers and is subject to all the duties of the clerk. May em ploy assist office. Special deputy. § 201. The clerk may, with the approbation of the* in writing of the ants in his judges of the court or a majority of them, employ as many assistants in his office as are necessary. He may from time to time appoint, and at pleasure remove, his assistants. Each assistant is entitled to a compensation, fixed and to be paid as prescribed by law. The clerk may appoint one of his assistants as special deputy-clerk; who possesses, in the absence of the clerk and the deputy-clerk, the same power and authority as the clerk at any sitting of the court which he attends, with respect to the business transacted thereat. Is successor of form § 202. All money, stocks, securities, bonds, mortgages and other er clerk of things in action, and other property, which were possessed by the last court of ap- clerk of the court of appeals, elected by the people, by virtue of his peals. office, have been transferred to, and have become possessed by and vested in, the clerk appointed by the court, as the successor in office of the last elected clerk, notwithstanding the change in the mode of appointment to the office and in the tenure thereof. Money in custody of § 203. All money now in the custody or under the control of the Clerk to be clerk, and all other money which may hereafter be paid to or received deposited by him on account of a fund, or in a cause, must be deposited, until invested as prescribed in this article, in such bank or banks as the court of appeals directs. Accounts thereof must be kept with the banks in manner and form as the court directs. in bank. Clerk to § 204. On the first Tuesday of January, and on the first Tuesday of July in each year, the clerk must transmit to the chief-judge a statepeals, con- ment, verified by his affidavit, of all money then remaining in court or report to court of ap cerning money. Amount to be certified by in his hands, which must specify: 1. The fund or the title of the cause in or on account of which each sum of money was paid. 2. The party by whom it was paid, and generally for what purpose. 3. The time of payment and the amount paid. 4. The bank in which it is deposited. § 205. The statement must be accompanied with a certificate of the deposited cashier of each bank in which a deposit is stated to have been made, to the effect that the total amount stated to be deposited is actually in the bank, placed to the credit of the clerk, as clerk of the court of appeals, and not mingled with any other account. cashier. Court may order money to be invest ed; restric tions as to drawing money § 206. The court may, by order, direct any portion of the money to be invested in the public debt of the State, or of the United States, or in approved interest-bearing mortgages upon real property. It may in like manner direct any sum of money, or any security, to be transferred or disposed of, as the court thinks proper. The clerk shall not from bank. invest any money, except pursuant to such a direction. Money deposited shall not be drawn from the bank, except on a check, signed by the clerk and countersigned by the chief-judge, or, in his absence, by an associate judge of the court. So in the original. ART. 3. Court may § 207. The court may also, from time to time, appoint a suitable person to examine the accounts kept by, and the securities in the cus- appoint tody of the clerk, who shall be paid by the Comptroller for that service person to a reasonable sum, certified by the chief-judge. examine accounts. make rules § 208. The court may also, from time to time, make such regulations Court may concerning the money and securities specified in this article, making concerning deposits, keeping accounts and drawing money, as it deems proper; but money. each regulation so made must be entered in the minutes. + ARTICLE THIRD. THE STATE REPORTER; PUBLICATION AND DISTRIBUTION OF THE REPORTS. SECTION 209. State reporter is the reporter of court of appeals. 210. His duty. 211. Not to be interested in publication; contracts for publication. 213. Secretary of State to distribute reports. 214. Unreported decisions, etc., to be delivered by reporter to successor. porter is § 209. The reporter appointed by the court of appeals is styled the State reState reporter; and each provision of a statute, wherein the State the report reporter is mentioned, applies to the officer thus appointed. er of the court of § 210. The State reporter must report every cause, determined in appeals. the court of appeals, which the court directs him, or which the public His duty. interest, in his judgment, requires him to report. To enable him to perform that duty, the judges of the court must deliver to him the written opinions, rendered in each cause so determined. Each decision of the court, which is reported, must be so reported as soon as practicable after it is made; and if the reporter neglects faithfully to perform that duty, it is the duty of the court to remove him from office. interested tracts for tion. § 211. The State reporter shall not have any pecuniary interest in Not to be the reports; but a contract for the publication thereof, under his super- in publicavision, must, from time to time, be made, in behalf of the people, by tion; con. the State reporter, Secretary of State, and Comptroller, with the person publicaor persons who agree to furnish to the Secretary of State, so many copies of each volume, as may be needed to enable him to comply with the next section but one; and also to publish and sell the reports, on terms the most advantageous to the public, regard 'being had to the proper execution of the work, and at a price not exceeding three dollars for a volume of not less than five hundred pages. Each contract, so entered into, must provide for the publication of the reports, for three years from the expiration of the time, specified for that purpose in the last contract. If the State reporter, Secretary of State, and Comptroller unite in determining, that a contract has not been faithfully kept by the person or persons agreeing so to publish the reports, they may, by an instrument in writing under their hands, filed in the office of the Secretary of State, annul the same from a time specified in the instrument; and thereupon they may enter into a new contract, for the publication of the reports, for three years from the time so specified. Before entering into a contract, the State reporter, Secretary of State, and Comptroller must advertise for, receive, and consider proposals for the publication of the reports. TITLE 2. § 212. Neither the State reporter nor any other person shall obtain a Copyright of reports. Copyright for the opinions contained in the reports; and the same mav 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. Secretary § 213. Of the copies of each volume of the reports, furnished to the distribute Secretary of State, he must deliver one to the clerk of each county, for the use of the county, and deposit one in the office of the attorneygeneral, one with the clerk of the court of appeals, for the use of that court, and three in the State library. of State to reports. Unreport ed decisions, etc., ered by re § 214. A State reporter must, on the appointment of his successor, deliver to him all papers in his hands, pertaining to a cause which he to be deliv has not reported, or which are not necessary to be retained by him, to porter to complete the publication of a volume, which is then partly printed. successor. § 215. A State reporter, after the expiration of his term of office, Opinions shall not deliver a paper specified in the last section, or a copy thereof, be deliver to any person other than his successor in office, or the publisher of a ed, except, 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. etc., not to etc. Certain be deposited with clerk. § 216. 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. TITLE II. The supreme court, including the circuit courts. ARTICLE 1. Jurisdiction and powers; designations of terms; distribution of business among the terms and judges; attendants upon the sittings; miscellaneous provisions. 2. The supreme court reporter. 3. Stenographers. ARTICLE FIRST. JURISDICTION AND POWERS; DESIGNATION OF TERMS; DISTRIBUTION OF BUSINASS SECTION 217. General jurisdiction of supreme court. 38 218. Supreme court may change place of trial of actions pending in othe. courts. 219. Judicial departments; general terms. 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 departmen's. 225. Times and places of holding general terms; how appointed. 226. Appointment to be published. 227. Appointment may be made or filed after the prescribed time. '229. Justice in place of one disqualified. *Stricken out. |