[See note 5] judgment, or other proceeding, shall be considered erroneous for such omissions. [R. S., Pt. 1, Ch. 19, Tit. 3, §§ 1 pt., 2.] § 29. Seal of court of record. The seal of [the court of appeals and of] each [other] court of record in the state, now in use, shall continue to be the seal of the court in which it is in use. A description of each of [the] such seals, [specified in this section, must be deposited and recorded in the office of the secretary of state, unless it has already been done; and must remain of record. [Code Civil Procedure § 27. For remainder of section see this chapter 88 158, 194 and Code Civil Procedure § 27.] § 30. Lost or destroyed seal must be replaced. When the seal of a court is so injured, that it cannot be conveniently used, the court must cause it to be destroyed; and when the seal of a court is lost or destroyed, the court must cause a new seal to be made, similar in all respects to the former seal, which shall become the seal of the court. The expense of a new seal for a county clerk, [a surrogate's court,] or a local court in a city, must be paid as part of the contingent expenses of the county or of the court, as the case requires. The expense of a new seal for any other court, except a surrogate's court, must be paid from the state treasury. [Code Civil Procedure § 30.] § 31. Seals and records of former superior city courts. The seals, books, files, records, papers and documents of the superior court of the city of New York, the court of common pleas for the city and county of New York, the superior court of Buffalo, and the city court of Brooklyn, shall be deposited in the offices of the clerks of the several counties in which said courts have heretofore existed, and shall be kept and preserved by said clerks, separate and apart from the other books, records, papers and documents in their respective offices, and shall be kept in charge of special deputy-clerks, to be designated by said county clerks, so as to be readily accessible for inspection; and the justices of the supreme court, and the said clerks of the said several counties, respectively, shall have the same powers with respect to the said books, files, records, papers and documents as the judges and clerks of said superior court of the city of New York, and the court of common pleas for the city and county of New York, ARTICLE 3 Court of Appeals Section 50. Compensation of judges of court of appeals. 52. General rule or order of court of appeals must be pub- 53. Power of court of appeals as to admission of at- 54. Terms of court of appeals. 55. Offices for judges of court of appeals. 56. Appointment and compensation of state board of law 57. Appointment of clerk, reporter, law clerk, messenger 58. Appointment of clerks to judges of court of appeals. 60. Removal of state reporter for neglect of duty. 62. Duty of court of appeals to direct action on forfeiture § 50. Compensation of judges of court of appeals. The salary of the chief judge of the court of appeals shall be ten thousand five hundred dollars, and the salary of the associate judges of said court shall be ten thousand dollars. The chief judge and associate judges of the court of appeals shall each receive the sum of three thousand seven hundred dollars, annually, in lieu of the expenses now allowed by law. [L. 1870, Ch. 203, § 8, as amended by L. 1887, Ch. 76, § 1; L. 1871, Ch. 718, § 1 pt.; L. 1898, Ch. 606, § 1 pt.] [See note 6] [See note 7] § 51. Court of appeals may make rules of practice in its court. The court of appeals 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. [Code Civil Procedure § 193. For remainder of section see this chapter, § 53.] § 52. General rule or order of court of appeals must be published. A general rule or order of the court of appeals, does not take effect, until it has been published in the newspaper published at Albany, [in which legal notices are required by law to be published] designated pursuant to section eighty-two of the executive law, once in each week for three successive weeks. [Code Civil Procedure § 18. For remainder of section see this chapter § 95.] § 53. Power of court of appeals as to admission of attorneys and counsellors. 1. The court of appeals may from time to time make, alter, and amend, rules not inconsistent with the constitution or statutes of the state, regulating the admission of attorneys and counsellors at law, to practice in all the courts of record of the state. 2. The court [of appeals] may make such provisions as it shall deem proper for admission to practice as attorneys and counsellors, of persons who have been admitted to practice in other states or countries. 3. [Such] The court shall prescribe rules providing for a uniform system of examination of candidates for admission to practice as attorneys and counsellors, which shall govern [such] the state board of law examiners in the performance of its duties. 4. The rules established by the court of appeals, touching the admission of attorneys and counsellors to practice in the courts of record of the state, shall not be changed or amended, except by a majority of the judges of that court. A copy of each amendment to such rules must, within five days after it is adopted, be filed in the office of the secretary of state. 5. Nothing contained in [the last two sections] this chapter prevents the court of appeals from dispensing, in the rules established by it, with the whole or any part of the stated period of clerkship, required from an applicant, or with the examination where the applicant is a graduate of the Albany law school, being the law department of the Union university, or of the law department of the university of the city of New York, or of the law school of Columbia college, or of the law school of the university of Buffalo, or the New York law school, or the college of law, Cornell university, or of the school of law, Syracuse university, or the Brooklyn law school of Saint Lawrence university, and produces his diploma upon his application for admission. Subd. 1, Code Civil Procedure & 193. For remainder of section see this chapter § 51. Subds. 2, 3, Code Civil Procedure § 56. For remainder of section see this chapter §§ 56, 88, 460-465, 467. Subd. 4, Code Civil Procedure § 57. For remainder of section see Executive Law § 30. Subd. 5, Code Civil Procedure § 58. § 54. Terms of court of appeals. 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. A term of the court may be appointed to be held in 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 or more of the judges may adjourn a term, without day, or to a day certain. [Par. 1, Code Civil Procedure 8 196; ¶¶ 2, 3 and 4, Code Civil Procedure § 197.] § 55. Offices for judges of court of appeals. In case of the refusal or neglect of the board of supervisors of a county in which a law library is maintained by the state to comply with such] the request by a judge of the court of appeals who resides therein, to provide and maintain for his use, suitable and commodious offices, approved by him, the judge may rent and maintain at his place of residence offices suitable for his use. A judge of said court who resides in a county where there is no [See note 8] such library, may rent and maintain at his place of residence offices suitable for his use, and the necessary expense thereof shall be paid by the state treasurer upon the audit and warrant of the comptroller. [Code Civil Procedure § 203. For remainder of section see County Law § 12.] § 56. Appointment and compensation of state board of law examiners. [who] The members of the state board of law examiners shall be appointed from time to time, by the court of appeals, as provided in section four hundred and sixty-one of this chapter. [and] The court of appeals shall fix the compensation of [its] the members of the said board. [Code Civil Procedure § 56. For remainder of section see this chapter, §§ 53, 88, 460-465, 467.] § 57. Appointment of clerk, reporter, law clerk, messenger and attendants to the court. The court of appeals may, from time to time, by an order entered in its minutes, appoint and remove its clerk, its reporter, a law clerk, a messenger, and such attendants as it deems necessary. [Code Civil Procedure § 198, L. 1871, Ch. 238, § 2 pt., as amended by L. 1905, Ch. 247, § 1; L. 1890, Ch. 26, § 1 pt.] § 58. Appointment of clerks to judges of court of appeals. Each judge of the court of appeals may appoint and at pleasure remove a clerk. [Code Civil Procedure § 202. For remainder of section see this chapter §§ 259, 262.] § 59. Appointment of confidential clerk by chief judge of court of appeals. The chief judge of the [such] court of appeals is [hereby] authorized to appoint a confidential clerk. Said confidential clerk shall be in lieu of the clerk allowed the chief judge of the court of appeals pursuant to section [two hundred and two of the code of civil procedure] fifty-eight of this chapter. [L. 1871, Ch. 238, § 2 pt., as amended by L. 1905, Ch. 247, § 1.] |