TITLE 2. bers may be expressed by Arabic figures, or Roman numerals, in the customary manner.1 Stamping process. How parties may appear. $10. The impression of the seal of any court by stamp, shall be a sufficient sealing, in all cases where sealing is required.2 S 11. Every person of full age and sound mind, may appear by attorney or solicitor, as the case may require, in every action or plea by or against him, in any court; or may, at his election, prosecute or defend such action or plea, in person. But this provision shall not extend to proceedings in criminal cases; nor shall any person be permitted to appear on the record in any civil cause in person, whilst he has an attorney or solicitor in such cause.3 Courts of re TITLE II. GENERAL PROVISIONS CONCERNING COURTS OF RECORD, AND THE ART. 1. Provisions concerning courts of record, their process and proceedings. ART. 2. Of the powers and duties of certain judicial officers. ART. 3. Of the officers of courts of record, their duties, privileges, and liabilities. ARTICLE FIRST. Provisions concerning Courts of Record, their Process and SEC. 1. Certain courts declared to be of record: certain powers. 2. Proceedings not to be discontinued by vacancies. 3. Process, &c. not to be discontinued by failure to hold courts, &c. 4. How process to be tested when term has not been held. 5. Proceedings not to be vitiated by omission to adjourn. 6. Process issued before adjournment not to be affected thereby. 7. New seals when to be procured; expense thereof. 8. Original writs how to be issued and tested, &c. 9. Process to be subscribed by attorney, &c. issuing it. 10. Powers of courts of record to punish for criminal contempts. 11. Extent of punishment for contempts. 12. In certain cases it may be summary; in others after notice, &c. 13. Commitment to state circumstances of offence. 14. Qualification of preceding sections. 15. Parties punished, still liable to indictment. S 1. The several courts treated of in the first Chapter of this act, cord; powers are courts of record; and in addition to the powers which are or may be conferred on them respectively, they shall have power, 1. To issue process of subpoena, requiring the attendance of any witness residing or being in any part of this state, to testify in any matter or cause pending in such court: 2. To administer oaths to witnesses in any such matter or cause, and in all other cases, where it may be necessary in the exercise of the powers and duties of such courts: (1) 1 R. L. p. 118, § 4. (2) Laws of 1815, p. 38, § 2. (3) 1 R. L. p. 416, § 1. 3. To devise and make such new writs and forms of proceedings, ART. 1. as may be necessary, to carry into effect the powers and jurisdiction possessed by them.* ance of pro $ 2. No process, proceeding, or suit, civil or criminal, before any Discontinuof the said courts, shall be discontinued by the occurrence of any va- ceedings. cancy in the office of any judge, or of all the judges of such court, nor by the issuing of any new commission to any judge or judges of any such court, but the persons appointed in such new commission, shall have power to continue, hear and determine such process, proceeding or suit, as their predecessors might have done, if no new commission had been issued.5 cess, &c. $3. No process issued, or proceeding pending, in any court of re- Ib. of procord, shall be discontinued by reason of such court not having been held at any stated term thereof; but such process shall be deemed to be returnable at the term which shall be held next after such failure, and the proceedings shall be continued at such next term, in the same manner as they might have been at the term which failed, upon the like notice, as would have been required for such term. cess in cer $4. In all cases where a stated term of any such court shall not Teste of prohave been held, process issued therefrom, may be tested on the first tain cases. day of the term when such court should have been held. adjourn. $5. No omission to adjourn any court from day to day, previous Omission to to the final adjournment thereof without day, shall vitiate any proceedings in such court. not to affect $6. The adjournment of any court before the expiration of its Adjournment term, shall not affect the teste, return or service of any writs issued process. prior or subsequent to such adjournment. $7. Whenever the seal of any court shall be so injured, that it Now seals.` can not be conveniently used, the court shall cause the same to be destroyed; and whenever the seal of any court shall be lost or destroyed, such court shall cause a new seal to be made, similar, in all respects, to the former seal, which shall become the seal of the court. The expense of a new seal, for any court of oyer and terminer, or common pleas, shall be paid by the county in which such courts are held. The expense of new seals for other courts, shall be paid from the state treasury. writs. $8. Original writs, whenever the same shall be necessary, shall Original issue out of and under the seal of the court in which they shall be returnable, and shall be tested in the same manner as other writs issued out of such court; but in other respects the forms now in use shall be observed." (4) 2 R. L. p. 147, § 10. (5) 1 R. L. p. 341, § 19; 2 Ib. p. 151, § 6; Laws of 1823, p. 212, § 9. (6) 2 R. L. p. 147, §9; Ib. p 505, § 16. (7) Laws of 1815, p. 38, § 1. TITLE 2. $9. All writs and process issued out of any court of record, shall, before the delivery of the same to any officer to be executed, be subsubscribed. scribed or endorsed with the name of the attorney, solicitor or other person, by whom the same shall have been issued.8 Process to be Criminal contempts $10. Every court of record shall have power to punish as for a enumerated. criminal contempt, persons guilty of either of the following acts, and no others: Extent of punishment. When to Le summary. commitment. 1. Disorderly, contemptuous, or insolent behaviour, committed during its sitting, in immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority: 2. Any breach of the peace, noise or other disturbance, directly tending to interrupt its proceedings: 3. Wilful disobedience of any process or order, lawfully issued or made by it: 4. Resistance wilfully offered by any person to the lawful order or process of the court: 5. The contumacious and unlawful refusal of any person to be sworn as a witness: and when so sworn, the like refusal to answer any legal and proper interrogatory: 6. The publication of a false, or grossly inaccurate report of its proceedings; but no court can punish as a contempt, the publication of true, full and fair reports of any trial, argument, proceedings, or decision had in such court. $11. Punishment for contempts may be by fine, or by imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court, but the fine shall in no case exceed the sum of two hundred and fifty dollars, nor the imprisonment thirty days; and where any person shall be committed to prison, for the non-payment of any such fine, he shall be discharged at the expiration of thirty days. $ 12. Contempts committed in the immediate view and presence of the court, may be punished summarily; in other cases, the party charged shall be notified of the accusation, and have a reasonable time to make his defence. Requisites of $ 13. Whenever any person shall be committed for any contempt, specified in this Article, the particular circumstances of his offence, shall be set forth in the order or warrant of commitment. Previous sec S14. Nothing contained in the preceding sections, shall be contion qualified strued to extend to any proceeding against parties or officers, as for a contempt, for the purpose of enforcing any civil right or remedy. Indictment not barred. $ 15. Persons punished for contempt under the preceding provisions, shall notwithstanding be liable to indictment for such contempt, (8) 1 R. L. p. 417, § 8. if the same be an indictable offence; but the court before which a conviction shall be had on such indictment, shall, in forming its sentence, take into consideration the punishment before inflicted. ARTICLE SECOND. Of the Powers and Duties of certain Judicial Officers. SEC. 16. Chancellor and judges of supreme court not to receive fees. 17. Circuit judges allowed to receive fees. 18. Powers and duties of supreme court commissioners. 20. Not to stay proceedings after verdict. 21. Nor upon a capias or attachment. 22. Executions how affected by orders to stay proceedings. 23. Arrest on execution not to be prevented, without bond, &c. 24. Bond where to be filed; when to be delivered to obligee. 25. Order to be void unless bond be stated therein. 26. Orders of supreme court not affected by orders of commissioners 29. Orders not to be granted in certain cases. 30. Commissioners not to act in their partner's causes. 31. Supreme court to regulate powers of commissioners. 32. Recorders and certain county judges to be commissioners. 33. Certain powers of judges of superior court in New-York. 34. Officers authorised to sign records and tax costs in supreme court. 35, 36 & 37. Provision on same subject, in common pleas and mayor's courts 38 & 39. Orders, &c. in common pleas and mayor's courts. 40. Powers of judges of county courts. 41. Powers of commissioners of deeds. 42. Powers, &c. of masters and examiners in chancery. 43. When to be suspended from office; proceedings. 44 & 45. Authority of notaries public. 46. When their protests to be presumptive evidence. 47. When certain memorandums made by notaries evidence. 48. Their liabilities for misconduct. 49. Officers authorised to administer oaths, specified. 50. Other officers who may take affidavits, &c. in chancery. 51. Provision for continuing proceedings on death, &c. of officer. 52. Proceedings at time and place specified in notice. 53. Proceedings at other times and places. 54. Clerks, registers, &c. to keep offices open during certain hours 56. Papers may be served at sheriff's office. 57. When they may be served on county clerk. 58. Sheriffs not to hold courts, except in certain cases. 59. Not to take bonds, &c. in any case not prescribed by law. 60. Who to assign bonds, in case of vacancy in sheriff's office. ART. 2. cers not to re $16. The chancellor and justices of the supreme court shall not Certain offidemand or receive any fees or perquisites, for any thing done by ceive fees. either of them in virtue of their offices." $17. The circuit judges and county judges may demand and re- Cirenit judgceive such fees as are allowed by law. es may. $ 18. Supreme court commissioners duly appointed according to Power of ALlaw, shall severally be authorised and required to perform all the du- commission (9) 1 R. L. p. 528, § 2. preme court era. TITLE 2. ties, and to execute every act, power and trust, which a justice of the supreme court may perform and execute out of court, according to the rules and practice of such court, and pursuant to the provisions of any statute, in all civil cases, except as herein otherwise provided.10 Qualified as to statute powers. Staying proceedings after verdict. Ib. on capias, &c. Ib. on executions. Ib. arrest on executions. Bond. $19. But where any power is given in express terms by any sta tute, to the justices of the supreme court and the circuit judges or either of them, without naming supreme court commissioners in such statute, such commissioners shall not be authorised to exercise any such power. $20. No such commissioner shall be authorised to grant any order to stay proceedings in any cause, in which a verdict shall have been rendered.11 $21. No supreme court commissioner shall grant any order to stay proceedings on any capias ad respondendum, or on any attachment. $ 22. Where an execution shall have been issued, an order to stay proceedings thereon, granted by a supreme court commissioner, shall not prevent a levy on property by virtue of such execution; but shall only suspend a sale thereon, until the decision of the supreme court upon the matter. $23. Nor shall any such commissioner grant any order to stay proceedings on any execution against the body of a defendant, unless such defendant shall have executed to the plaintiff, and delivered to such commissioner, a bond for the use of such plaintiff, in a penalty double the amount required to be collected by such execution, with two sufficient sureties, who shall swear that they are each worth Its condition. the amount of such penalty over and above all debts; conditioned that such defendant shall be found within the county to which such execution was directed, so as to be arrested upon any execution that may be issued against his body on the same judgment, within six Bond where to be filed. To be stated in order. Order of supreme court. months from the date of such bond. $24. Such bond shall be filed by the commissioner, in the office of a clerk of the supreme court, within twenty days after the same shall have been taken; and shall be delivered by such clerk to the plaintiff, whenever the condition thereof shall be broken. $25. In every order to stay proceedings on an execution against the body of a defendant, shall be stated the fact of a bond having been given as required by this Title; and if not so stated, such order shall be void. $26. Where the supreme court shall have made any order in reference to a matter, such order shall not be suspended, or in any manner affected, by any order granted by a supreme court commissioner. (10) 1 R. L. p. 322, § 1. (11) Laws of 1825, p. 391, § 4. |