local § 18. Inferior local courts of civil and criminal jurisdiction may be Inferior established by the Legislature, but no inferior local court hereafter courts. created shall be a court of record. The Legislature shall not hereafter confer upon any inferior or local court of its creation, any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon County Courts by or under this article. Except as herein otherwise provided, all judicial officers shall be elected or appointed at such times and in such manner as the Legislature may direct. New matter in Italics. This part not in Italics was formerly all of § 19, Art. VI, and was amended as shown and made § 18, Art. VI by Convention of 1894; ratified Nov. 6, 1894. See People, ex rel. Sinkler, v. Terry, 108 N. Y. 1. The office of police justice is within this provision. People, ex rel. Cregan, v. Dutcher, 2 Hun, 156; Village of Deposit v. Vail, 5 id. 310. An act conferring on the Marine Court jurisdiction in actions for assault and battery, without limit as to amount of recovery, is valid. Anderson v. Reilly, 66 N. Y. 189. The only limitation upon the jurisdiction of new magistrates created under this provision, is that it be local and inferior. Brandon v. Avery, 22 N. Y. 469. After the Legislature have prescribed the length of term, and the office has been filled, they cannot extend the term of the incumbent, in case of an elective office. People, ex rel. v. Bull, 46 N. Y. 57, distinguishing People v. Batchellor, 22 id. 138. Such courts may not be empowered to send process into adjacent towns. Geraty See Feerick v. Connor, 11 Week. Dig. 342; Anderson v. An act organizing a police court in a district not bounded by town, county, city or village lines, is invalid. People v Porter, 90 N. Y. 68. Police commissioners not a court, bound by the rules of Art. I, § 6, but an administrative tribunal. People v. Police Com'rs, 93 N. Y. 97. § 19. Clerks of the several counties shall be clerks of the Supreme Court, with such powers and duties as shall be prescribed by law The justices of the appellate division in each department shall have power to appoint and to remove a clerk who shall keep his office at a place to be designated by said justices. The clerk of the Court of Appeals shall keep his office at the seat of government. The clerk of the Court of Appeals and the clerks of the Appellate Division shall receive compensation to be established by law and paid out of the public treasury. This was formerly part of § 20, Art. VI, and was amended and made § 19, Art. VI, by Convention of 1894; ratified Nov. 6, 1894. Clerks of courts. Certain judicial officers not to receive fees. § 20. No judicial officer, except justices of the peace, shall receive di to his own use any fees or perquisites of office; nor shall any judge of the Court of Appeals, or justice of the Supreme Court, or any county judge or surrogate hereafter elected in a county having a population. exceeding one hundred and twenty thousand, practice as an attorney or counselor in any court of record in this State, or act as referee. The Legislature may impose a similar prohibition upon county judges and surrogates in other counties. No one shall be eligible to the office of judge of the Court of Appeals, justice of the Supreme Court, Publication of statutes and reports. Local judicial officers or, except in the county of Hamilton, to the office of county judge or surrogate, who is not an attorney and counselor of this 'State. This was part of § 21, Art. VI, and was made $ 20, Art. VI, and amended by Convention of 1894; ratified Nov. 6. 1894. But a judge may act as attorney in his own case. Libby v. Rosekrans, 56 Barb. 202. § 21. The Legislature shall provide for the speedy publication of all statutes, and shall regulate the reporting of the decisions of the courts; but all laws and judicial decisions shall be free for publication by any person. Part of this section was formerly in § 23, Art. VI; it was made § 21, Art VI, and amended by Convention of 1894; ratified Nov. 6, 1894. § 22. Justices of the peace and other local judicial officers provided shall hold for in sections seventeen and eighteen, in office when this article takes rest of their effect, shall hold their offices until the expiration of their respective office for terms. Courts of terms. (New). Amendment of Convention of 1894; ratified Nov. 6, 1894. § 23. Courts of Special Sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be prescribed by law. This was formally § 26, Art. VI, and was made § 23, Art. VI, by Convention of 1894; ratified Nov. 6, 1894. See People v. Austin, 49 Hun, 397; Devine v. People, 20 Hun, 98. These courts may receive exclusive jurisdiction in petit larceny. People v. Dutcher, 83 N. Y. 240. THE CODE OF CIVIL PROCEDURE, CHAPTER 448, LAWS OF 1876, AND ALL SUBSEQUENT AMENDMENTS DOWN TO AND INCLUDING THE LAWS OF 1895. AN ACT RELATING TO COURTS, OFFICERS OF JUSTICE, AND CIVIL PROCEEDINGS. Passed June 2, 106; 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 ATTRIBUTES, 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 to ARTICLE 1. Enumeration and classification. 2. General powers and attributes of the courts. 3. Miscellaneous provisions relating to the sittings of the courts. SECHON 1. Courts. ARTICLE FIRST. ENUMERATION AND CLASSIFICATION. 2. Courts of record enumerated. 3. Courts not of record. 4. General provision as to jurisdiction, etc. SECTION 1. Courts. The courts referred to in this act are enumerated in the next two sections. § 2. Courts of record enumerated. 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 appellate division of the supreme court in each department. 4. The supreme court. [5.] The court of general sessions of the peace in and for the city and county of New York. [6.] The city court of Long Island city. [7.] The city court of Yonkers. [8.] A county court in each county, except New York. [9.] The city court of the city of New York. [10.] The mayor's court of the city of Hudson. [14.] A surrogate's court in each county. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] § 3. Courts not of record. 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 certain 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. 7. The municipal court of the city of Syracuse. 8. The municipal court of the city of Buffalo. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] § 4. General provision as to jurisdiction, etc. [AMENDED BY CH. 416 OF 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 the court, except as otherwise prescribed in this act. ARTICLE SECOND. GENERAL POWERS AND ATTRIBUTES OF THE COURTS. SECTION 5. The sittings of courts to be public. 6. Courts not to sit on Sunday, except in special cases. 8. Criminal contempts defined. 9. Punishment for criminal contempts. 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. SECTION 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. 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 continue 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. The sittings of courts to be public. [AMENDED BY CH. 210 OF 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. Courts not to sit on Sunday, Except in special cases. 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 exercise of the jurisdiction of a magistrate, where it is necessary to preserve the peace, or, in a criminal case, to arrest, commit or discharge a person charged with an offence. § 7. General powers of courts of record. A court of record has power: 1. To issue a subpoena, requiring the attendance of a person found in the State, to testify in a cause pending in that court; subject, however, to the limitations, prescribed by law, with respect to the portion of the State, in which the process of a local court of record may be served. 2. To administer an oath to a witness, in the exercise of the powers and duties of the court. 3. To devise and make new process and forms of proceedings, necessary to carry into effect the powers and jurisdiction possessed by it. § 8. Criminal contempts defined. A court of record has power to punish for a criminal contempt, a person guilty of either of the following acts, and no others: 1. Disorderly, contemptuous, or insolent behavior, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority. 2. Breach of the peace, noise, or other disturbance, directly tending to interrupt its proceedings. 3. Willful disobedience to its lawful mandate. 4. Resistance willfully offered to its lawful mandate. 5. Contumacious and unlawful refusal to be sworn as a witness; or, after being sworn, to answer any legal and proper interrogatory. 6. Publication of a false, or grossly inaccurate report of its proceedings. But a court cannot punish as a contempt, the publication of a true, full, and fair report of a trial, argument, decision, or other proceeding therein. § 9. Punishment for criminal contempts. Punishment for a contempt, specified in the last section, may be by fine, not exceeding two hundred and |