published by him, to the several clerks of the supreme court, and to TITLE 3. the register and assistant register of the court of chancery, for the use of those courts; and also to the secretary of state so many copies as shall be sufficient to supply the several courts of common pleas in this state, with one copy each.64 $ 19. The supreme court shall have power, from time to time, by Practice. general rules, to establish, modify, alter and amend the practice in the said court, in the cases not provided for by any statute. court com $20. In cases not otherwise provided for, the supreme court shall Supreme have power, from time to time, by general rules, to prescribe the ca- missioners. ses in which supreme court commissioners may grant orders to stay proceedings in causes and matters pending in the said court, and upon process issued therefrom; the effect of such orders; and the terms and conditions on which they shall be granted. production of $21. The supreme court shall have power in such cases as shall To compel be deemed proper, to compel any party to a suit pending therein, to papers, &c. produce and discover books, papers and documents in his possession or power, relating to the merits of any such suit, or of any defence therein. the cases, &c $22. The court shall, by general rules, prescribe the cases in To prescribe which such discovery may be compelled, and the proceedings for that purpose, where the same are not herein provided; and therein the court shall be governed by the principles and practice of the court of chancery in compelling discovery, except that the costs of such proceedings shall always be awarded in the discretion of the court. $23. To entitle a party to any such discovery, he shall present a Proceedings. petition, verified by oath, to the court, or to any justice thereof, or to any circuit judge in vacation, upon which an order may be granted by the court or such officer, for the discovery sought, or that the party against whom the same is sought should shew cause why the prayer of such petition should not be granted. Order. $24. Every such order may be vacated by the officer granting the Order, when same, or by the court, 1. Upon satisfactory evidence that it ought not to have been granted: 2. Upon the discovery sought, being made: 3. Upon the party required to make the discovery, denying on cath, the possession or control of the books, papers or documents, ordered to be produced. and by whom vacated. $ 25. The court shall provide by general rules, for the staying of Enforcing the proceedings of any party, against whom such discovery shall have orders. been ordered, either by the court or by an officer, until the same shall have been complied with or vacated. (64) 1 R. L. p. 320, § 10. TITLE 4. Ib and limit er. $26. In case of the party refusing or neglecting to obey such order for a discovery, within such time as the court shall deem reasonaation of pow-ble, the court may non-suit him, or may strike out any plea or notice he may have given, or may debar him from any particular defence in relation to which such discovery was sought; and the power of the court to compel such discovery, shall be confined to the remedies herein provided, and shall not extend to authorise any other proceedings against the person or property of the party so refusing or neglecting. Effect of pa pers, &c. produced. Rules to be revised. $27. The books, papers and documents produced under any order made in pursuance of the preceding sections, shall have the same effect, when used by the party requiring them, as if produced upon notice, according to the practice of the court. $28. The justices of the supreme court, within two years after this Chapter shall commence and take effect, and at the expiration of every seven years thereafter, shall revise the rules of the said court, with a view to the attainment, so far as may be practicable, of the fol lowing improvements in the practice: 1. The abolishing of fictitious and unnecessary process and proceedings: 2. The simplifying and abbreviating of pleadings and proceedings: 3. The expediting the decision of causes: 4. The diminishing of costs: and, 5. The remedying of such abuses and imperfections, as may be found to exist in the practice, in any class of actions cognizable in the said court. TITLE IV. OF THE CIRCUIT COURTS, SITTINGS, AND COURTS OF OYER AND SEC. 1. Division of state into eight circuits. 2. Circuits subject to alteration by legislature. 3. Powers of circuit judges. 4. Four circuits each year to be held in New-York, and two in all other counties. 5. Times and places of holding them, when and how often appointed. 6. Places at which courts shall be appointed to be held. 7. Lists of appointments to be transmitted to county clerks. 8. And to state printer; how to be published. 9. Mode of publication; expense how defrayed. 10. Courts to be held during pleasure of the judge. 11. Circuits in New-York may be adjourned. 12. Duty of circuit judges to attend circuits, &c. 13. Powers and duties of circuit courts. 14. Each justice of supreme court, and each circuit judge, may hold circuits and preside in courts of oyer and terminer. 15. Notice of vacancy in office of circuit judge, to be given. 16. Circuit judge to give notice of his inability to hold courts. 17 & 18. Who to hold circuits, &c. in such cases; expense, how paid. 19. Circuits & oyer and terminer, how adjourned, if judge does not appear on first day. 20. If judge attends on second day, courts to be opened. SEC. 21. If judge does not attend on second day, courts to be adjourned, &c. 22. Persons recognized, &c. to appear at next court after that which failed. 26. Sittings for New-York, how appointed and held. 27. A term to intervene before sitting of such court; notice, &c. 28. When and by whom courts of oyer and terminer to be held. 29. Powers of courts of oyer and terminer. 30. To try indictments found at general sessions. 31. May send certain indictments to sessions, to be tried. 32. Commissions of oyer and terminer, by governor and senate. 33. Time, &c. of holding court to be specified; commissions to be recorded. 34. Copy of commission to be sent to district attorney. 35. Special courts of oyer and terminer may be appointed by circuit judge. 36. Appointment to be sent to district attorney. 37. Precept, when to be issued by district attorney. 38. Contents of precept. 39. Sheriff to publish proclamation; expense thereof. 40. Seals of courts of oyer and terminer. 41 & 42. Process of courts, how to be tested. 43. Writs may be directed into any county. 44. Clerks of counties to be clerks of circuits, &c. except in New-York. 45. Clerk of supreme court in New-York, to be clerk of circuits, &c. there. TITLE 4. scribed. 31. This state shall continue to be divided into eight circuits, cor- Gireuita deresponding with the eight senate districts, in extent of territory and in the numbers by which the said circuits shall respectively be known and designated.65 2. The said circuits are subject to alteration by the legislature, May be alfrom time to time, as the public good may require.66 tored. circuit judges $3. Each of the circuit judges possesses the powers of a justice of Powers of the supreme court at chambers; and in the trial of issues joined in the supreme court, and in courts of oyer and terminer and jail deli very, 66 to be held. places of § 4. There shall be held in each year, at least two circuit courts Circuit courts and courts of oyer and terminer and jail delivery, in each of the counties of this state, separately organized, and in the city and county of New-York, there shall be held at least four such courts in each year.67 35. Each circuit judge, shall, within one month prior to the first Times and day of January, in the year one thousand eight hundred and thirty- holding. one, fix and appoint the times and places of holding the several circuit courts and courts of oyer and terminer, within his circuit, for the period of two years; which courts, when so fixed, shall remain unaltered for two years; and he shall, in like manner, within one month before the expiration of the said two years, appoint the said courts for the ensuing two years; and so on, for every two succeeding years thereafter. 68 court-houses, &c. $6. The places so to be appointed for the holding of the said Places to ba courts, when not specially designated by law, shall always be the court-houses, or such other places as now are, or hereafter shall be (65) Laws of 1823, p. 209, § 4. (66) Cons. Art. 5, § 5. (67) Laws of 1823, p. 208, § 5. (68) Ib. 1824, p. 376, § 4. [PART III. TITLE 4 provided by law for holding the county courts of the respective counties; except that in the cities of New-York and Albany, the circuit judges of the respective circuits, may appoint any other place within the said cities; and in the county of Oneida, one of the circuit courts shall be held annually at the academy in Utica, and the other alternately at the court-houses in Rome and Whitestown. In case there be no such court-house, or other place provided for by law, within any county, the circuit judge of the circuit, shall appoint some suitable place for that purpose. Lists to be sent to coun ty clerks. And to state printer. lished. 69 S7. Every circuit judge shall transmit to the clerk of each county, within his circuit, a copy of every appointment of circuits made by him, immediately upon making the same; which shall be filed and preserved by such clerk.69 S8. Every circuit judge shall transmit to the state printer, a copy of every appointment of circuits made by him. The first appointment To be pub made pursuant to the foregoing provisions, shall be published in the state paper, at least once in each week, for three weeks before the holding of any circuit in pursuance thereof. Every subsequent appointment of circuits, shall be published in the state paper at least once in each week, for four weeks, and the last publication shall be one month before the holding of any circuit in pursuance thereof.69 Mode of pub-$9. The state printer shall arrange such appointments under one head, and publish in the state paper an abstract thereof, designating the name of each county, and the times appointed for holding the courts therein. The expense of such publication shall be paid out of the treasury of this state.69 lication. Expense. Duration of S 10. The circuit courts shall be held for so many days, as the judge holding the same may deem necessary,70 courts. In New York inay be adjourned. Judges to attend circuits, oyer and ter $ 11. Any circuit court held in and for the city and county of NewYork, may be continued by adjournment, to such time as the court shall, by a rule to be entered in its minutes, direct; and such adjourned circuit may be held and continued by further adjournment, as often as the circuit judge of the first circuit shall think fit; and causes may be noticed for trial, and tried thereat, in like manner as at a stated circuit.70 S 12. It shall be the duty of the several circuit judges, to attend and courts of at the several times and places, at which circuit courts and courts of oyer and terminer shall have been appointed to be held in their respective circuits, to hold the said circuit courts, and to preside in the said courts of oyer and terminer. miner. Powers and duties of circuit courts. $13. The several circuit courts shall have power, and it shall be their duty, (69) Laws of 1823, p. 210, § 6. (70) Ib. p. 209, § 5. 1. To try all such issues, and to take all such inquests, by default TITLE 4. or otherwise, as are to be tried or taken in the said circuit courts re spectively: 2. To record all non-suits and defaults before them: and, 3. To return all proceedings had before them, into the supreme court, or into the court directing the same.71 hold circuits, $14. Each justice of the supreme court, and each of the circuit Who may judges, shall have power to hold any circuit court, and to preside in &c. any court of oyer and terminer, in this state, either for the whole time for which such court shall continue, or for any part of that time.72 $15. In case the office of either of the circuit judges shall become Notice of vavacant, after the appointment of the said courts for his circuit, the cancy, &c. clerk of each county for which circuits shall have been appointed, shall immediately give notice of such vacancy to the chief justice of to hold courts $ 16. In case any circuit judge, from sickness or from any other of inability cause, shall be incapable of holding any of the said courts, as above directed, it shall be his duty immediately to give notice thereof to the chief justice of the supreme court. circuits, &c. $17. Upon receiving either of such notices, the chief justice and Who to hold the other justices of the supreme court, shall designate some circuit in such cases. judge to hold the courts so appointed, or some of them. And if no circuit judge can hold such courts, without interfering with the courts previously appointed by him, it shall be the duty of one of the justices of the supreme court to hold the same. paid. 318. The expenses of any justice of the supreme court or circuit Expense,how judge, in attending, holding and returning from any such courts, shall be paid from the treasury, on being audited and certified by the comptroller. of courts. $19. If some one of the circuit judges, or of the justices of the Adjournment supreme court, shall not come to any place, where the said courts are appointed to be held, before four o'clock in the afternoon of the day so appointed, the sheriff or clerk of the county, shall open the said courts, and forthwith adjourn the same until nine o'clock in the forenoon of the next day.73 $20. If one of the circuit judges or of the justices of the supreme May be opencourt, shall attend at such place, at any time before eight o'clock in ed on 21 day. the afternoon of such second day, the said courts shall be opened and shall proceed in the business before them.7 73 journed. 321. If no such judge or justice shall attend at the said last men- Or to be adtioned hour, the sheriff or clerk, shall adjourn the said courts without day.73 (71) 1 R. L. p. 336, § 4. (72) Laws of 1823, p. 209, § 5 & 8. (73) Ib. p. 210, § 8. |