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13, by providing that "there shall be at least five terms of the court of appeals in each year, to be held at such time and place as the court shall appoint, and continued for as long a period as the public interests may require."

The reason of this change is not very apparent. The original provision was reported by the Commissioners, not because they supposed the judges of the court of appeals would hold fewer sessions, or for a less period than the public interests required, but because, in view of the pressure of business in that court, they deemed at least six terms in each year necessary, and that they should be held for the time prescribed. The result has proved that they were right in this supposition. They deemed it proper also, to fix the times at which the sessions of the court should be held, to obviate the embarrassment which was formerly occasioned, and which has continued ever since the change, from the court at each session fixing the time when the next session shall be held. For these reasons, therefore, they recommend that this section be re-adopted.


§ 36. The places of holding the terms must be pointed by the court, by an order entered upon the minutes, which may be made annually, before the first day of December. When made, it shall remain in force during the succeeding year, and until changed by another appointment.

The remark made in the note to the last section, as to the embarrassment resulting from the court, at each session, appointing the time when the next session shall be held, is equally applicable to the place. The Commissioners do not propose to regulate this by positive provision, but to leave it to the court to make an annual appointment in this respect.

§37. The court may, however, be held in

any other

building than a court-house, and at a different place in

the same city or town from that appointed; and may be adjourned from the city or town where it is appointed to be held, to any other city or town.

Taken from amended code, sec. 16, and from a special act to the same effect, Laws of 1849, p. 484, ch. 333, sec. 2, 3.

§ 38. The clerk must cause a copy of the order mentioned in section 36, to be published in the state paper at least once in each week, for three weeks before the holding of a term, in pursuance thereof. The expense of the publication is payable out of the treasury of the state.



SECTION 39. Rules of common law and statutes now in force, conferring or defining jurisdiction of this court, abrogated and repealed.

40. Jurisdiction of this court, original and appellate.

41. Its original jurisdiction.

42. Its appellate jurisdiction.

43. Jurisdiction transferred to it, under the constitution.

44. Jurisdiction transferred to it, of actions in the late mayor's court of

the city of Rochester.

45. Division of the state into eight judicial districts, and number of judges for each.

46. Court distributed into general and special terms, and circuits.

47. Business of the general terms.

48. Business of the special terms.

49. Business of the circuits.

50. General term, to be held by at least three judges, and special term or circuit, by one or more of them.

51. General and special terms and circuits, may be held by judges elected in any district.

52. Presiding judge at a general term.

53. If presiding judge do not attend, judge to preside, how designated. 54. Number of judges at general term, necessary to pronounce judgment. 55. Duration of general terms, and circuits.

56. Judge holding circuit, to hold a special term. Its duration or adjournment.

57. Court always open before each judge, for certain purposes.

58. Transaction of business by judges out of court. Duty of judges in

first judicial district, in this respect.

59. Times and places of holding general and special terms and circuits, to
continue as at present until December, 31, 1850.

60. Number of general and special terms and circuits in each year.
61. Times and places of holding them, and judges by whom held, how

62. Extraordinary general and special terms and circuits how appointed.
63. Place of holding general and special terms and circuits.

64. In case of inability of judge to hold them, designation of another judge for that purpose.

65. Publication of appointment of time and place of holding general and special terms and circuits.

§ 39. All rules of the common law and all statutes now in force, conferring or defining the jurisdiction of the supreme court, are abrogated and repealed, and it has no other jurisdiction than that prescribed in the

next five sections. But the repeal contained in this section does not affect its jurisdiction of actions or proceedings now pending, or heretofore had therein, nor does it any judgment or order already made, or proceeding already taken.

§ 40. The jurisdiction of this court is of two kinds: 1. Original: and

2. Appellate.

§ 41. Its original jurisdiction extends to all civil actions and special proceedings, of which exclusive jurisdiction is not conferred upon another court or officer, by the constitution or by this code.

§ 42. Its appellate jurisdiction extends to reviewing, upon appeal, every actual determination, in the following cases:

1. In a final judgment at a general term of a county or city court, in a civil action commenced therein, or brought there from another court; and upon the appeal from that judgment, to review any intermediate order involving the merits and necessarily affecting the judgment:

2. In an intermediate order affecting a substantial right made in such action, involving the construction of the constitution or of a provision of this code:

3. In a final order, affecting a substantial right, made by a county or city court, in a special proceeding or

upon a summary application in an action, after judg


4. In a judgment of a court of oyer and terminer, a court of sessions, or a city court, in a criminal action :

5. In a final order made by either of the courts mentioned in the last subdivision, affecting a substantial right, made in a special proceeding of a criminal na


6. In an order or judgment of a surrogate's court, in the cases prescribed by statute:

7. In a final order or decision of a judicial officer, or of an officer or body invested with powers of a judicial nature, in the cases prescribed in this code.

The last four sections are designed to repeal the statutory provisions, now in force, professing to define the jurisdiction of the supreme court, and to substitute in their place an approach, at least, to an intelligible definition on this subject. All that we know respecting the jurisdiction of the supreme court, is contained in a single section of the constitution, and in two sections of the judiciary act. The constitution provides, that "there shall be a supreme court, having general jurisdiction in law and equity." Const. Art. 6, sec. 3. The judiciary act declares, that "the supreme court organized by this act, shall possess the same powers and exercise the same jurisdiction, as is now possessed and exercised by the present supreme court and court of chancery ;" and that "all laws relating to the present supreme court and court of chancery, or any court held by any vice-chancellor, and the jurisdiction, powers and duties of said courts, the proceedings therein and the officers thereof, their powers and duties, shall be applicable to the supreme court organized by this act, the powers and duties thereof, the proceedings therein, and the officers thereof, their powers and duties, so far as the same can be so applied, and are consistent with the constitution, and the provisions of

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