21 Civ.Pro.237,397 136 N. Y. 20

THE CODE OF CIVIL PROCEDURE.

BRING CHAP. 448 OF THE LAWS OF 1876, as so DESIGnated, and as aMENDED
BY THE AMENDING ACTS.]

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 GENERAL POWERS AND ATTRI-
BUTES, AND GENERAL REGULATIONS PERTAINING TO THE EXERCISE THEREOF.
TITLE II.-PROVISIONS OF GENERAL APPLICATION, RELATING TO THE JUDGES,

AND CERTAIN 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.

1. Courts.

2. General Powers and attributes of the courts.

3. Miscellaneous provisions relating to the sittings of the courts.

ARTICLE FIRST.

ENUMERATION AND CLASSIFICATION.

2. Courts of record enumerated.

3. Courts not of record.

§ 4. General provision as to jurisdic-
tion, etc.

SECTION 1 The courts referred to in this act, are enumerated in the next two sections.

2. [am'd 1877.] 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.

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6. A court of common pleas for the city and county of New York.
7 The superior court of the city of New York.

8. The court of general sessions of the peace in and for the city and
county of New York.

9. The superior court of Buffalo. 10. The city court of Brooklyn.

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11. The city court of Long Island city.

12. The city court of Yonkers.

13. A county court in each county, except New York.

14. A court of sessions in each county, except New York.
15. The marine court of the city of New York.

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.
20. A surrogate's court in each county.

83. [am'd 1877.] 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 cer-
tain cities and villages.

3. The district courts in the city of New York.
4. The police courts in certain cities and villages.
5. The justices' court of the city of Troy.

6. The municipal court of the city of Rochester.

§ 4. [am'd 1877.] 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.

ARTICLE SECOND.

GENERAL POWERS AND ATTRIBUTES OF THE COURTS.

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 re-
cord.

8. Criminal contempts defined.
9. Punishment for criminal con-

tempts

10. Such contempts in view of court; how punished, etc.

11. Requisites of commitment.
12. Preceding sections limited.

13. Indictment, if offence is indictable.
14. Contempts punishable civilly.
15. No punishment for non-payment
of interlocutory costs.

16. Id.; money due upon a contract.
17. Rules of courts of record, how
made and revised.

18. Rules to be published.

19. Courts to order calendar printed.
20. Expense to be a county charge.
21. Certain papers may be destroyed.
22. Writs, etc., in name of the people,
and in English; abbreviations.
23. Id.; teste and return.
24. Id.; to be subscribed or indorsed.
When error, etc., not to vitiate.
25. No discontinuance by reason of
vacancy, etc.

26. In New York, one judge may con-
tinue proceedings commenced
before another.

27. Provisions respecting the seals of

courts.
28. Seals of counties.

29. What is a sufficient sealing.
30. New seals.

§ 5. [am'd 1879.] The sittings of every court within this State shall be public, and every citizen may freely attend the same, except that in all proceedings and trials in cases for divorce, on account of adultery, seduction, abortion, rape, assault with intent to commit rape, criminal conversation, and bastardy, the court may, in its discretion, exclude therefrom all persons who are not directly interested therein, excepting jurors, witnesses and officers of the court.

6. A court shall not be opened, or transact any business on Sunday except to receive a verdict or discharge a jury. An adjournment of a court on Saturday, unless made after a cause has been committed to a jury, must be to some other day than Sunday. But this section does not prevent the