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What notice neces. sary.
(rom an oruer.
unless security be given in the same manner, and to the same extent, as would be required if an appeal were taken
to the court of appeals from the same order or decree, Notice of
made, or confirmed at a general term. Nor shall such rc Learing.
re-hearing be had, unless notice of the same be given, within ten days after notice of the order or decree re-heard, with the security thus required.
$ 8. No petition for a re-hearing need be made. Instead thereof, it shall only be necessary to serve a notice in writing on the adverse party, and on the clerk with whom the order or decree to be re-heard is entered, stating the application for a re-hearing of such order or decree, or
some specified part thereof. Appeal § 9. Any party aggrieved by an order made at a special
term of the supreme court, in an action at law, or in a special proceeding, when it involves the merits of the action or special proceeding, or some part thereof, may appeal therefrom to the court at a general term; where, upon such appeal, the order may be reversed, affirmed or modified, according to law.
§ 10. The appeal in the last section mentioned, may be made, by the service of a notice in writing, on the adverse party, and on the clerk with whom the order is entered, stating the appeal from the same, or some specified part thereof. But no such appeal shall be taken, unless a judge of the supreme court certify, that, in his opinion, it is proper, that the question arising on the appeal should be decided at the general term.
District. § 11. The general term of the supreme court, appointed bouri, how to be held in the first judicial district, on the first Monday
of April, eighteen hundred and forty-eight, shall be continued from the first Monday of each month to the third Saturday thereafter, until and including the third Saturday
Appeal, how made.
General term of su.
after the first Monday of July, eighteen hundred and forty-eight, or until all the cases on the calendar be sooner heard, or a sufficient opportunity be given for the hearing thereof.
$ 12. The special terms and circuit courts appoir ted to Special be held in the first judicial district at any time hereafter, circuit before the first day of July, eighteen hundred and forty- continued. eight, shall be respectively continued from the first Monday of each month to the third Saturday thereafter, until and including the third Saturday after the first Monday of July, eighteen hundred and forty-eight, or until all the cases ready thereat for hearing or trial be sooner heard, or otherwise disposed of. $ 13. In addition to the courts already required by law, General
and special there shall he held on the first Monday of September terms in eighteen hundred and forty-eight, a general and specias trict term of the supreme court, and a circuit court in the first judicial district by such judges, as the governor shall, by appointment, in writing, designate; which terms and circuit court shall be exclusively devoted to the determination of suits and proceedings in the supreme court commenced before the first day of July, eighteen hundred and forty-eight. $ 14. The terms and circuit court, mentioned in the last Terma,
how long section, shall each be continued in each month, except continued October and January, from the first Monday to the third Saturday thereafter, inclusive, until the fourth Saturday in February, eighteen hundred and forty-nine, or until the suits and proceedings mentioned in the last section, ready for hearing at such courts, shall be sooner determined. § 15. If the judges assigned to hold such general or
In case of special terms or circuit courts, or any of them be unable,
may assiga by reason of sickness, or judicial engagements elsewhere, other
judges to sit until the close thereof, the governor shall assign
When cause pass. ed, how placed on the calendar.
other judges, not actually engaged in holding court, to take their places respectively.
§ 16. When a cause, placed upon the calendar of a court of record in the city of New York, shall be regularly called and passed, without a postponement by the court for good cause shown, it shall thenceforth take its place on the same or any future calendar, as if the date of the
issue were the time when it was thus passed. Party to § 17. In the case mentioned in the last section it shall or iseue. be the duty of the party placing a cause upon the calen
dar, for a subsequent term, to state the date of the issue, as above prescribed ; and if he omit to do so, by reason whereof the issue retains its priority on the calendar, the court on the application of the adverse party, or of its
own motion, may strike the cause from the calendar. Aci takes
§ 18. This act shall take effect immediately, except that mediately. section two shall take effect at the same time with the
Code of Procedure.
I have compared the preceeding with two orig inal laws on file in this office, and do certify that the same are correct transcripts therefrom, and of the whole of the said originals.
CHRISTOPHER MORGAN, Secretary of State. ALBANY, April 26, 1849.
TABLE OF CONTENTS.
Title of the act and preamble, 1. GENERAL DEFINITIONS AND DIVISIONS, 3-4. SECTION 1. Division of remedies, 4.
2. Definition of an action, 4.
OF THE COURTS OF JUSTICE, AND THEIR JURIS
II. OF THE COURT OF APPEALS, 6-7.
OYER AND TERMINER, 7-10.
IN THE CITY OF NEW YORK, AND THE MAYORS' AND
RECORDERS' COURTS IN OTHER CITIES, 14-18.
10. Their jurisdiction generally, 6.
SECTION 17. Existing statutory provisions, as to terms and business of the
courts repealed, and order of supreme court fixing the