CERTIFICATE OF THE COMMISSIONERS TO REVISE THE STATUTES. STATE OF NEW YORK, 8.8: We, the undersigned, the commissioners to revise the statutes, do hereby certify, that we have corrected the text of the act, entitled, "An act relating to courts. officers of justice, and civil proceedings." passed June second, eighteen hundred and seventy-six, as directed in the second section of the act, entitled, "An act to amend chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, entitled, 'An act relating to courts, officers of justice, and civil proceedings,' and to provide for the publication of the act, as amended," passed June fifth, eighteen hundred and seventy-seven; that the following book contains the said act, thus corrected and amended; and that the said book contains the correct text of the Code of Civil Procedure, as amended and completed by the acts of the legislature, passed since its enactment. DATED the twenty-sixth day of June, in the year eighteen hundred and seventy-seven. MONTGOMERY H. THROOP CERTIFICATE OF THE SECRETARY OF STATE. STATE OF NEW-YORK, OFFICE OF THE SECRETARY OF STATE. 88. I, EDGAR K. APGAR, Deputy and Acting Secretary of State, do hereby certify that the following book contains a correct transcript of the CODE OF CIVIL PROCEDURE, passed June 2, 1876, as amended and completed by the acts of the legislature passed since its enactment. IN WITNESS WHEREOF, I have hereunto set my sig. nature, at the city of Albany, this twentysecond day of August, in the year one thou sand eight hundred and seventy-seven. EDGAR K. APGAR, Deputy and Acting Secretary of State. THE NEW REVISION OF THE STATUTES OF THE STATE OF NEW YORK. The Code of Civil Procedure. AN ACT RELATING TO COURTS, OFFICERS OF JUSTICE, AND CIVIL PROCEEDINGS. PASSED June 2, 1876; 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 GENE RAL POWERS AND ATTRIBUTES, AND GENERAL REGULATIONS PERTAINING TO THE EXERCISE THEREOF. TITLE II.-PROVISIONS OF GENERAL APPLICATION, RELATING TO THE JUDGES, AND CER TAIN OTHER OFFICERS OF THE COURTS, TITLE I. The courts of the State; their general powers and attributes, and general regulations 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. ARTICLE FIRST. ENUMERATION AND CLASSIFICATION. BEC. 1. Courts. 2. Courts of record enumerated. 3. Courts not of record. 4. General provision as to Jurisdiction, etc. § 1. Courts. The courts referred to in this act, are enumerated in the next two sections. Designed to exclude courts-martial, etc. § 2. [Amended, 1877.] 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 supreme court. 4. A circuit court in each county. 5. A court of oyer and terminer in each county. 7. The superior court of the city of New-York.(1) 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 NewYork.(2) 14. A court of sessions in each county, except New York. 15. The marine court of the city of New-York.(3) 16. The mayor's court of the city of Hudson. 17. The recorder's court of the city of Utica. 18. The recorder's court of the city of Oswego. 19. The justices' court of the city of Albany.(4) 20. A surrogate's court in each county.(5) Co. Proc., part of 29; 2 R. L., 1813, 38; 2 R. S. 218, 33 4 and 9; L. 1844, ch. 313, 11; L. 1848, ch. 374, 1, am'd L. 1849, ch. 134; 2 R. S. 224, 1-5; L. 1821, ch. 47, and acts amending same; L. 1854, ch. 96; L. 1849, ch. 125; L 1822, ch. 218; L. 1871, ch. 461, 4; L. 1872, ch. 627, and id., ch. 866, 1: L. 15:3, ch. 61; L. 1874, ch. 171; L. 1875, ch. 68. (1) People v. Green, 58 N. Y. 296. (2) Betts r. Williams, 15 Barb. 255. (3) Bennet v. Moody, 2 Hall, 471; Wheaton . Fellows, 23 Wend. 375; Watson v. Smith, 13 id. 11; Lester r. Redmond, 6 Hill, 590; Carter e. Dallemore, 2 Sandf. 222; Huff. Knapp, 5 N. Y. 65; Porter . Bronson, 19 Abb. 236; 29 How. 292. (4) People. Austin, 43 Barb. 313; Scott v. Rushman, 1 Cow. 212; Wheaton . Fellows, 23 Wend. 375. (5) People v. Corlles, 1 Sandf. 247; People . Barnes, 12 Wend. 492; Paff v. Kinney, 1 Bradf. 1; Sheldon v. Wright, 5 N. Y. 497; Matter of Latson, 1 Duer, 696; Matter of Watson, 3 Lans. 408; Stilwell . Carpenter, 59 N. Y. 414; Roderigas v. Savings Institution, 63 id. 460; Wallace v. Swinton, 64 id. 188. §3. [Amended, 1877.] Courts not of record. Each of the following courts of the State is a court not of record: 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. 6. The municipal court of the city of Rochester. Co. Proc., 19; L. 1834, ch. 271, and acts amending the same (3 R. S., 5th ed., 417); L. 1872, ch. 129, 11; L. 1876, ch. 196. § 4. [Amended, 1877.] General provision as to jurisdiction, etc. 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 court, except as otherwise prescribed in this act. Co. Proc., 10, and part of 469. ARTICLE SECOND. GENERAL POWERS AND ATTRIBUTES OF THE COURTS. Sec. 5. The sittings of courts to be public. 6. Courts not to sit on Sunday, except in special cases. 7. General powers of courts of record. 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. |