TITLE 2. SEC. 173. Bond, when to be prosecuted. 174. Reference to master to examine application. Infant trus lod to convey Effect of con veyance. Performance of contract by 176. But no dispositon to be made contrary to any will. 177. Contracts for sales, &c. to be reported; conveyances thereon. 178. Effect of sales and conveyances. 179. Infant a ward of court; application of proceeds of sales. 181 & 182. How claim of dower in lands sold, to be satisfied. $167. Whenever any infant shall be seised or possessed of any lands, tenements or hereditaments, by way of mortgage, or in trust only, for others, the court of chancery, on the petition of the guardian of such infant, or of any person in any way interested, may compel such infant to convey and assure such lands, tenements and hereditaments, to any other person, in such manner as the said court shall di rect. 48 $168. Every conveyance or assurance, made pursuant to such order, shall be as good and effectual in the law, as if the same were made by such infant when of lawful age.48 $169. The court of chancery shall have power to decree, and comfather pel a specific performance, by any infant heir or other person, of any bargain, contract or agreement, made by any party who may die before the performance thereof, on petition of the executors or administrators of the estate of the deceased, or of any person or persons interested in such bargain, contract or agreement, and on hearing all parties concerned, and being satisfied that the specific performance of such bargain, contract or agreement, ought to be decreed or compelled." Application to sell, &c. real estate of infants. Guardians. To give bond. $ 170. Any infant seised of any real estate, or entitled to any term for years in any lands, may, by his next friend or by his guardian, apply to the court of chancery, for the sale or disposition of his property, in the manner herein after directed.50 $171. On such application, the court shall appoint one or more suitable persons, guardians of such infant, in relation to the proceed ings on such application. 50 $172. The guardians shall give bond to the infant, to be filed with the register or assistant register, in such penalty, with such sureties, and in such form as the court shall direct, conditioned for the faithful Its condition. performance of the trust reposed; for the paying over, investing and TVhen to be sued. accounting for all monies that shall be received by such guardians, according to the order of any court having authority to give directions in the premises; and for the observance of the orders and directions of the court, in relation to the said trust. 50 S 173. If such bond be forfeited, the court shall direct it to be prosecuted, for the benefit of the party injured.5 50 (48) 1 R. L. p. 148, § 7. (49) Laws of 1814, p. 129, § 3. (50) I b. p. 128, § 1; of 1815, p. 103, § 2. § 174. Upon the filing of such bond, the court may proceed in a ART. 7. summary manner, by reference to a master, to inquire into the merits of such application.51 Reference to master. lands, when $175. Whenever it shall appear satisfactorily that a disposition sale, &, of of any part of the real estate of such infant, or of his interest in any authorised. term for years, is necessary and proper, either for the support and maintenance of such infant, or for his education; or that the interest of such infant requires, or will be substantially promoted by, such disposition, on account of any part of his said property being exposed to waste and dilapidation, or on account of its being wholly unproductive, or for any other peculiar reasons or circumstances, the court may order the letting for a term of years, the sale, or other disposition of such real estate or interest, to be made by such guardian or guardians so appointed, in such manner, and with such restrictions, as shall be deemed expedient.51 trary to a $176. But no real estate or term for years, shall be sold, leased But not con or disposed of in any manner against the provisions of any last will, will or of any conveyance, by which such estate or term was devised or granted to such infant.51 be reported. $177. Upon an agreement for a sale, leasing or other disposition sales, &c. to of such property, being made in pursuance of such order, the same shall be reported to the court on the oath of the guardian making the same; and if it be confirmed, a conveyance shall be executed under Conveyanthe directions of the court. 52 ces. sales. $178. All sales, leases, dispositions and conveyances, made in Effect of good faith by the guardian, in pursuance of such orders, when so confirmed, shall be valid and effectual as if made by such infant when of full age." 52 of proceeds $179. From the time of such application to the court, the infant Application shall be considered a ward of the court, so far as relates to such pro- of sales. perty, its proceeds and income; and the court shall make order for the application and disposition of the proceeds of such property, and for the investment of the surplus belonging to such infant, so as to secure the same for the benefit of such infant, and shall direct a return of such investment and disposition to be made on oath, as soon as may be, and shall require accounts to be rendered periodically by any guar- Accounts of dian or other person who may be entrusted with the disposition of the guardians. income of such proceeds. 53 $180. No sale made as aforesaid, of the real estate of any infant, shall give to such infant any other or greater interest or estate in the proceeds of such sale, than he had in the estate so sold; but the said proceeds shall be deemed real estate of the same nature as the property sold. 53 (51) Laws of 1814, p. 128, § 1; of 1815, p. 103, § 2 (52) Ib. p. 103, § 3 & 4. (53) Ib. § 5 & 6. Rights of in fant in pro ceeds of salo TITLE 3. Claim of atisfied. $181. If the real estate of any infant, or any part of it, shall be subject to dower, and the person entitled thereto, shall consent in wridower, how ting to accept a gross sum in lieu of such dower, or the permanent investment of a reasonable sum, in such manner as that the interest thereof be made payable to the person entitled to the said dower, during life, the court may direct the payment of such sum in gross, or the investment of such sum, as shall be deemed reasonable, and shall be acceptable to the person entitled to such dower, in manner aforesaid; which sums so paid or invested, shall be taken out of the proceeds of the sale of the real estate of such infant.54 Dower to be released. $182. Before any such sum shall be paid, or such investment made, the court shall be satisfied that an effectual release of such right of dower has been executed,54 Its powers & jurisdiction. court. TITLE III. OF THE SUPREME COURT. SEC. 1. Powers and jurisdiction of the court. 2. Terms of the court; times of commencing them. 3. Places of holding the several terms. 4. How long terms may be held. 5. Duration of terms, as respects process; teste and return of process. 6. How court adjourned, on failure of any judge to attend. 7. Constables and sheriff to attend court; their compensation. 8. Seals of the court retained. 9 & 10. Process, how to be made returnable, and how tested. 12. Common return days, &c. to be designated by court. 20. To regulate supreme court commissioners. 21. To compel parties to produce books, papers, &c. 22. To prescribe cases where discovery may be compelled, &c. 23. Proceedings to obtain discovery; order thereon. 24. In what cases and by whom order may be vacated. 25. Proceedings may be stayed, until order obeyed. 26. Limitation on power of court, in compelling discovery. 28. Duty of justices to revise rules at certain times. $ 1. The supreme court shall possess the powers, and exercise the jurisdiction, which belonged to the supreme court of the colony of New-York, with the exceptions, limitations and additions, created and imposed by the constitution and laws of this state. Terms of the $ 2. There shall be four several terms of the supreme court held in each year, commencing as follows, viz: On the first Mondays of January, May and July, and the third Monday of October; which (54) Laws of 1815, p. 103, § 5 & 6. said terms shall respectively be called the January, May, July, and TITLE 3. October terms of the said court. 55 $3. The terms shall be held at the following places: 1. The January and October terms in each year, at the Capitol in the city of Albany: 2. The May term, in each year, at the City-Hall in the city of New-York: and, 3. The July term, in each year, at the Academy, in the town of Utica.55 Places of holding them may be held. $ 4. The several terms may be continued and held from the com- How long mencement thereof, until and including the fifth Saturday after the commencement of each term; but no argument of any cause shall be heard during the fifth week of any term, unless by the consent of parties, or their counsel. 56 in what time be issued, turned. $ 5. Each term, so far as respects the issuing, teste, and return of Process, withprocess, except subpœnas, attachments and writs of habeas corpus, and when to shall be considered as ending on the second Saturday after its com- tested and remencement. All process, except where otherwise provided by law, if issued in term, may be tested on any day in that term, and made returnable on any day in the same term, or the next term; and if issued in the vacation, may be tested on any day in the preceding term, and be made returnable on any day in the next term.57 upon non at $ 6. If by reason of any casualty, neither of the justices of the said Adjournment court shall attend at any term thereof, on the first day of such term, it tendance of shall be the duty of the clerk of the said court, at any time after five judges. o'clock in the afternoon of such day, to open the said court by proclamation, and immediately to adjourn the same to the next day, and so to open and adjourn the said court from day to day, until the justices of the said court, or one of them, shall appear; when the court shall proceed to business, as if it had been opened and adjourned by a justice thereof. 58 constables to § 7. The sheriff of the county in which any term of the court shall Sheriff and be held, shall, before the commencement of such term, summon two attend court. constables of his county to attend the same. The said sheriff, and the constables so summoned, shall attend the court during its sitting: and the compensation allowed by law for such attendance, shall be paid out of the treasury of this state. 59 $8. The three seals of the court heretofore devised, and of which seals. a description in writing has been deposited and recorded in the office of the secretary of this state, shall continue to be the seals of the court; and each clerk shall have the custody of one of them.60 (55) Laws of 1823, p. 208, § 1. (56) Ib. 1827, p. 61. (57) 1 R. L. p. 318, § 1. (58) Ib. 4. (59) Laws of 1820, p. 200. (60) 1 R. L. p. 320, § 8. TITLE 3. Process, how $9. All process returnable in the said court shall be made returnable as follows: "Before our justices of our supreme court of judicareturnable. ture, at the Capitol in the city of Albany," or "at the City-Hall in the city of New-York," or "at the Academy in the town of Utica," as the case may be.61 How tested. Before whom proceedings, &c. to be stated. Common return days. Powers and duties of clerks. Deputies of clerks. $10. All process issuing out of the supreme court, shall be tested in the name of the chief justice, or if there be no chief justice, in the name of any justice of the court. 61 $11. Proceedings in the said court, and all pleadings and records therein, shall be stated to be "before the justices of the supreme court of judicature, of the people of the state of New-York."61 $12. The court shall, from time to time, by general rules, designate such days in each term, for common return days, and for the transaction of such special business, as shall be assigned for such days. 62 $ 13. At each term of the court, it shall be the duty of the clerk residing in the place in which the same is held, to attend and officiate as clerk. Each clerk of the court shall have the like subject to the like duties.62 powers, and be S 14. Each of the clerks of the supreme court shall appoint some proper person to be his deputy, by writing under his hand and seal, Their oath. to be filed in his office. Every person so appointed deputy, shall take and subscribe the constitutional oath of office. Their powers in absence, $ 15. Whenever a clerk of the supreme court shall be absent from &c. of clerks. the county where his office is situated, or shall be incapable of performing the duties of his office, and whenever his office shall be vacant, his deputy so appointed, may perform all the duties appertaining to such office, during such absence, inability or vacancy. Removal of papers. Certain papers may be destroyed. Reports, copies to be furnished. pro $ 16. The justices of the supreme court, may, from time to time, direct the removal of such records and papers, as they shall think per, from the clerks' offices in the city of New-York and the town of Utica, to the clerk's office in the city of Albany; and may also from time to time direct the removal of any papers in a cause, from one clerk's office to another.63 $ 17. The court may also from time to time, by an order to be entered in the minutes thereof, direct either of the clerks of the court, to destroy any pleadings, nisi prius records or venires, now filed, or that may hereafter be filed in either of the clerk's offices, which the court shall deem to have become useless; but this provision shall not authorise the destruction of any judgment rolls, records or process, not herein before enumerated. 63 $ 18. The supreme court reporter shall at his own expense, deliver one copy, bound in leather, of each successive volume of the reports (61) Laws of 1823, p. 208, § 2. (62) 1 R. L. p. 318, § 2 & 6. (63) Ib. p. 320, § 7. |