recover one or more chattels, the value of the chattels, as stated in the complaint, is deemed to be the amount of the matter in controversy, within the last subdivision, unless the defendant has interposed a counterclaim; in which case the counterclaim must be included, in determining the amount in controversy. $192. [Am'd 1887.] An appeal from an interlocutory 102 N. Y.588 judgment over-ruling or sustaining a demurrer, and an appeal from an order under subdivision second of the last section but one, except an order which in effect determines the action and prevents a final judgment, or discontinues the action, or grants or refuses a new trial upon a case or exceptions, may be noticed for hearing on a motion day and heard as a motion. $193. The court may from time to time make, alter, and amend, 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 counsellorsat-law, to practice in all the courts of record of the State. 80 N. Y. 402. $194. The judgment or order of the court of appeals must be remitted to the court below, to be enforced according to law. Upon an appeal from an order granting a new trial, 131 N. Y. 37. on a case or exceptions, if the court of appeals determines that no error was committed in granting the new trial, it must render judgment absolute upon the right of the appel lant; 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. § 195. Upon a second and each subsequent appeal, including a case where a former appeal has been dismissed for a defect or irregularity, the time of the 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 held, at such times and places as the court thinks proper, and continued as long as the public interest requires. $197. A term of the court may be appointed to be held n a building, other than that designated by law for holding courts. A term may be adjourned from the place where it is appointed to be held, to another place in the same city. One ›r more of the judges may adjourn a term, without day, or to 1 day certain. 198. The court may, from time to time, by an order entered in its minutes, appoint and remove its clerk, its reporter, and such attendants as it deems necessary. ARTICLE SECOND. THE CLERK OF THE COURT. 199. Clerk of the court of 201. May employ assistants in 202. Is successor of former clerk of court of appeals. 203. Money in custody of clerk 204. Clerk to report to court 205. Amount deposited to be from bank. 207. Court may appoint person to examine accounts. ? 208. Court may make rules concerning money. § 199. The clerk of the court of appeals, before entering upon the duties of his office, must subscribe and file the Constitutional oath of office, and must execute and file in the Comptroller's office a bond to the people of the State, in the penalty of twenty-five thousand dollars, 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 indemnify the persons aggrieved by the breach, in proportion to their respective 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 of the State Hall must assign him suitable rooms therein for that purpose. $ 200. The clerk, by a writing, under his hand and the seal of the court, filed in his office, from time to time must appoint, and may at 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. § 201. [Am'd 1877.] The clerk may, with the approbation, in writing, of the 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 rerove, 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. § 202. All money, stocks, securities, bonds, mortgages and other things in action, and other property, which, were possessed by the last clerk of the court of appeals, elected by the people, by virtue of his office, have been transferred to and have become possessed by and vested in, the clerk ap pointed 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. § 203. All money now in the custody or under the cor trol of the clerk, and all other money which may hereafter be paid to or received 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. Ac counts thereof must be kept with the banks in manner and form as the court directs. § 204. On the first Tuesday of January, and on the fir Tuesday of July in each year, the clerk must transmit to the chief-judge a statement, verified by his affidavit, of all mone then remaining in court or 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 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. 14 Abb. N. § 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 C. 32. 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 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. § 207. The court may also, from time to time, appoint a suitable person to examine the accounts kept by, and the securities in the custody of the clerk, who shall be paid by the Comptroller for that service a reasonable sum, certified by the chief-judge. § 208. The court may also, from time to time, make such regulations concerning the money and securities specified in this article, making deposits, keeping accounts and drawing money, as it deems proper; but each regulation so made must be entered in the minutes. ARTICLE THIRD. THE STATE REPORTER; PUBLICATION AND DISTRIBUTION § 209. The reporter appointed by the court of appeals is styled the State reporter; and each provision of a statue, wherein the State reporter is mentioned, applies to the officer thus appointed. § 210. The State reporter must report every cause, determined in the court of appeals, which the court directs him, or which the public 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 per form that duty, it is the duty of the court to remove him from office. § 211. The State reporter shall not have any pecuniary interest in the reports; but a contract for the publication thereof, under his supervision, must, from time to time, be made, in behalf of the people, by the State reporter, Secretary of State, and Comptroller, with the person or 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. son. 212. LAm'd 1877.] Neither the State reporter nor any other person shall obtain a copyright for the opinions contained in the reports; and the same may be published by any perBut 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. § 213. Of the copies of each volume of the reports, furnished to the 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 Attorney-General, one with the clerk of the court of appeals, for the use of that court, and three in the State library. § 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 has not reported, or which are not necessary to be retained by him, to complete the publication of a volume which is then partly printed. § 215. A State reporter, after the expiration of his term of office, shall not deliver a paper specified in the last section, or a copy thereof, to any person other than his successor in office, or the publisher of a 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. § 216. The State reporter must deposit with the clerk of the court, all opinions delivered to him, which are not to be re ported, 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; distri bution of business among the terms and judges; attendants upon the sittings; miscellaneous pro visions. 2. The supreme court reporter. 3. Stenographers. ARTICLE FIRST. JURISDICTION AND POWERS; DESIGNATION OF TERMS; DIS- VISIONS. 2217. General jurisdiction of su preme court. 218. Supreme court may change 220. Presiding and associate 226. Appointment to be pub- 227. Appointment may be made or filed after the prescribed time. 228. When associate justice to preside, etc. 230. General term, heid by two justices. Re-argument, etc. 231. W'en cause to be heard in § 217. The general jurisdiction in law and equity, which ? 1103 Conthe supreme court of the State possesses, under the provisions sol. Act. of the Constitution, includes all the jurisdiction, which was possessed and exercised by the supreme court of the colony of New York, at any time, and by the court of chancery in England, on the fourth day of July, seventeen hundred and seventy-six, with the exceptions, additions, and limitations, created and imposed by the Constitution and laws of the State. Subject to those exceptions and limitations, the supreme court of the State has all the powers and authority of each of those courts, and exercises the same in like manner. § 218. The supreme court, upon the application of either party, may, and. in a proper case, must make an order, directing that an issue of fact, joined in an action or special proceeding, pending in any other court of record, except a superior city court, the marine court of the city of New York, or a county court, be tried at a circuit court in another county, |