TITLE III. Of the Supreme Court, Circuit Courts, and Courts of Oyer and SECTION 17. Existing statutory provisions, as to terms and business of the courts repealed, and order of supreme court fixing the terms, etc., abrogated. 18. General terms prescribed. 19. Number of judges to give judgment. 20. Special terms, circuit courts, and courts of oyer and terminer pre scribed. 21. Circuit courts and oyer and terminer held together. 22. Designation of times and places of holding courts; how made. 24. Places of holding the courts. 25. Publication of appointment thereof. 26. When judges not assigned may hold the courts. § 17. (Being § 15 of 1848.) All statutes now in force, providing for the designation of the times and places of holding the general and special terms of the supreme court, and the circuit courts and courts of oyer and terminer, and of the judges who shall hold the same, are repealed from and after the first day of July next; and the order of the supreme court, adopted July 14, 1847, prescribing the times and places of holding the general and special terms of the court, and the circuit courts and courts of oyer and terminer, during the residue of the year 1847, and for the years 1848 and 1849, and assigning the business and duties thereof to the several judges of the court, is, from and after the first day of July next, abrogated; and the provisions of this title are substituted in place thereof. (Am'd in 1849.) § 17. (As am'd in 1849.) All statutes now in force, providing for the designation of the times and places of holding the general and special terms of the supreme court, and the circuit courts and courts of oyer and terminer, and of the judges who shall hold the same are repealed from and after the first day of July, one thonsand eight hundred and forty-eight; and the order of the supreme court adopted July fourteen, one thousand eight hundred and forty-seven prescribing the times and places of holding the general and specia terms of the court, and the circuit courts and courts of oyer an terminer, during the residue of the year one thousand eight hundre and forty-seven, and for the years one thousand eight hundred and forty-eight and one thousand eight hundred and forty-nine, and assigning the business and duties thereof to the several judges of the court, is, from and after the first day of July, one thousand eight hundred and forty-eight, abrogated; and the provisions of this title are substituted in place thereof. § 18. (Being § 16 of 1848.) Six general terms of the supreme court shall be held annually in each judicial district, and be continued at least fifteen days, unless sooner adjourned for want of business. They may, however, be continued as much longer as the court shall deem necessary. (Am'd in 1849.) § 18. (As am'd in 1849.) At least four general terms of the supreme court shall be held annually in each judicial district, and as many more as the judges in such district shall appoint, at such times and places as a majority of the judges of such district shall appoint. § 19. (Being § 17 of 1848.) The concurrence of a majority of the judges holding a general term shall be necessary to pronounce a judgment. If a majority do not concur, the case shall be reheard, § 20. (Being § 18 of 1848.) The number of special terms, circuit courts and courts of oyer and terminer, annually, in the several counties, shall be as follows: Eleven in the city and county of New York. Six in the counties of Albany, Erie, Kings, Monroe and Oneida. Five in the counties of Dutchess, Jefferson, Onondaga, Rensselaer and St. Lawrence. Four in the counties of Allegany, Cayuga, Chautauqua, Chenango, Columbia, Delaware, Herkimer, Livingston, Madison, Niagara, Ontario, Orange, Oswego, Otsego, Saratoga, Steuben, Suffolk, Tompkins, Ulster, Washington, Wayne and Westchester. Three in the counties of Broome, Cattaraugus, Chemung, Clinton, Cortland, Essex, Franklin, Fulton with Hamilton, Genesee, Greene, Lewis, Montgomery, Orleans, Putnam, Queens, Richmond, Rockland, Schenectady, Schoharie, Seneca, Sullivan, Tioga, Warren, Wyoming and Yates. (Am'd in 1849.) § 20. (As am'd in 1849). There shall be at least two terms of the circuit court and court of oyer and terminer held annually in each of the counties of this state, and as many more terms thereof, and as many special terms, as the judges of each judicial district shall appoint therein, but at least one special term shall be held annually in each of said counties. Fulton and Hamilton shall be considered one county for the purposes of this section. § 21. (Being § 19 of 1848.) Special terms, circuit courts and courts of oyer and terminer shall be held at the same places and com menced on the same day. (Am'd in 1849.) § 21. (As am'd in 1849.) Circuit courts and courts of oyer and terminer shall be held at the same places, and commenced on the same day. (§ 20 of 1848- omitted in 1849. The special term shall continue until the adjournment of the circuit court; and the judge may continue it longer or adjourn it to any other time or place, within the county.) (§ 21 of 1848- omitted in 1849. The circuit court shall continue at least twelve days, unless sooner adjourned for want of business It may, however, be continued as much longer as the court shal deem necessary.) (§ 22 of 1848-omitted in 1849. The court of oyer and terminer may continue as long as the court shall deem necessary.) § 22. (Being § 23 of 1848.) The governor shall, on or before the first day of May next, by appointment in writing, designate the times and places of holding the general and special terms, circui courts and courts of oyer and terminer, and the judges by whom they shall be held; which appointment shall take effect on the firs day of July thereafter, and shall continue until the thirty-first da of December, 1849. The judges of the supreme court shall, in lik manner, at least one month before the expiration of that time appoint the times and places of holding those courts, for two year commencing on the first day of January, 1850, and so on, for ever two succeeding years. (Am'd in 1849.) § 22. (As am'd in 1849.) The governor shall, on or before the first day of May, one thousand eight hundred and forty-eight, by appointment in writing, designate the times and places of holding the general and special terms, circuit courts and courts of oyer and terminer, and the judges by whom they shall be held; which appointment shall take effect on the first day of July thereafter, and shall continue until the thirty-first day of December, one thousand eight hundred and forty-nine. The judges of the supreme court of each district shall, in like manner, at least one month before the expiration of that time, appoint the times and places of holding those courts for two years, commencing on the first day of January, one thousand eight hundred and fifty, and so on, for every two succeeding years, in their respective districts. § 23. (Being § 24 of 1848.) The governor may also appoint extraordinary general and special terms, circuit courts and courts of oyer and terminer, whenever, in his judgment, the public good shall require it. § 24. (Being § 25 of 1848.) The places appointed within the several counties, for holding the general and special terms, circuit courts and courts of oyer and terminer, shall be those designated by statute for holding county or circuit courts. If a room for holding the court in such place shall not be provided by the supervisors, it may be held in any room provided for that purpose, by the sheriff, as prescribed by section thirty-one. (Am'd 1849, 1851, 1862.) § 24. (As am'd in 1849.) The places appointed within the several counties for holding the general and special terms, circuit courts and courts of oyer and terminer, shall be those designated by statute for holding county or circuit courts. If a room for holding the court in such place shall not be provided by the supervisors, it may be held in any room provided for that purpose, by the sheriff, as prescribed by section twenty-eight. § 24. (As am'd in 1851.) The places appointed within the several counties, for holding the general and special terms, circuit courts and courts of oyer and terminer, shall be those designated by statute for holding county or circuit courts. If a room for holding the court in such place shall not be provided by the supervisors, it may be held in any room provided for that purpose, by the sheriff, as prescribed by section twenty-eight. General and special terms of the supreme or county courts and cir cuit courts and courts of oyer and terminer, may be adjourned to be held on any future day, by an entry to be made in the minutes of the court, and juries may be drawn and summoned for an adjourned circuit or county court, or an adjourned court of oyer and terminer, and causes may be noticed for trial at an adjourned circuit or county court, in the same manner as if such courts were held by original appointment. § 24. (As am'd in 1862.) The places appointed within the several counties, for holding the general and special terms, circuit courts and courts of oyer and terminer, shall be those designated by statute for holding county or circuit courts. If a room for holding the court in such place shall not be provided by the supervisors, it may be held in any room provided for that purpose, by the sheriff, as prescribed by section twenty-eight. General and special terms of the supreme or county courts and circuit courts and courts of oyer and terminer, may be adjourned to be held on any future day, by an entry to be made in the minutes of the court; and juries may be drawn and summoned for an adjourned circuit or county court, or an adjourned court of oyer and terminer, and causes may be noticed for trial at an adjourned circuit or county court, in the same manner as if such courts were held by original appointment. And special terms may be adjourned to be held at a future day at th chambers of any justice of said court residing within the district, by an entry in the same manner, and then adjourned from time to time, as the justice holding the same shall order and direct. § 25. (Being § 26 of 1848.) Every appointment, so made, shall be immediately transmitted to the secretary of state, who shall cause it to be published in the newspaper printed at Albany, in which legal notices are required to be inserted, at least once in each week for three weeks before the holding of any court in pursuance thereof. The expense of the publication shall be paid out of the treasury of the state. |