ART. 2. Provisions exclusively applicable to the proceedings, other than ART. 3. Provisions exclusively applicable to the proceedings, other ..... .... ART. 4. Appeals to and from the general term of the court TITLE II. The mayor's court of the city of Hudson, and the recorders' courts of the cities of Utica and Oswego....... TITLE III. The city court of Yonkers...... TITLE IV. The district courts of the city of New York, and the justices' courts of the cities of Albany and Troy..... Sections. 3165-3176 3177-3187 3188-3195 3196-3202 3203-3206 .... 3207-3225 ART. 1. Provisions generally applicable to all the courts specified in 3207-3214 ART. 2. Provisions exclusively applicable to the district courts of the 3215-3222 ART. 3. Provisions exclusively applicable to the justices' courts of ............ TITLE V. The municipal court of the city of Rochester........ 3223-3225 3226-3227 CHAPTER XXI. Costs and fees........... TITLE I. Awarding and enforcing payment of costs....... ART. 1. General regulations respecting the awarding of costs..... 3228-3332 3228-3250 3228-3240 3241-3247 3248-3250 3251-3267 3251-3261 3262-3267 3268-3279 3280-3295 3296-3332 Definitions and regulations concerning the consction, effect, d application of this act... 3333-3356 TITLE I. General definitions and rules of construction............. 3333-334 TITLE II. Provisions regulating the effect and application of this act....... 3346-3350 Supplemental provisions CHAPTER XXIII.* 3357-3397 TITLE I. Proceedings for the condemnation of real property ... 3357-3384 TITLE II. Proceedings for the sale of corporate real property.... 3390-3397 * Added by L. 1890, ch. 95. ADOPTED IN 1894, WHICH TOOK EFFECT JANUARY 1, 1895. ARTICLE I. § 18. The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation. JUDICIARY. ARTICLE VI. of Supreme justices. § 1. The Supreme Court is continued with general jurisdiction in Jurisdiction law and equity, subject to such appellate jurisdiction of the Court of Court." Appeals as now is or may be prescribed by law not inconsistent with this article. The existing judicial districts of the State are continued until changed as hereinafter provided. The Supreme Court shall Number of consist of the Justices now in office, and of the Judges transferred thereto by the fifth section of this article, all of whom shall continue to be Justices of the Supreme Court during their respective terms, and of twelve additional Justices who shall reside in and be chosen by the electors of the several existing judicial districts, three in the first district, three in the second, and one in each of the other districts; and of their successors. The successors of said Justices shall be chosen by the electors of their respective judicial districts. The Judicial disLegislature may alter the judicial districts once after every enumeration under the Constitution, of the inhabitants of the State, and thereupon reapportion the Justices to be thereafter elected in the districts so altered. tricts. to form ju. partments. § 2. The Legislature shall divide the State into four judicial depart- Legislature ments. The first department shall consist of the county of New dicial deYork; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the Legislature may alter the judicial departments, but without increasing the number thereof. Division of preme There shall be an appellate division of the Supreme Court, consist- Appellate ing of seven justices in the first department, and of five justices in the Su each of the other departments. In each department four shall con- Court. stitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. Judges of A From all the justices elected to the Supreme Court the Governor Division, shall designate those who shall constitute the Appellate Division in how designated. each department; and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years, or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations. He may also make temporary designations in case of the absence or inability to act, of any justice in the Appellate Division. majority of the justices designated to sit in the Appellate Division in each department shall be residents of the department. Whenever the Appellate Division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No justice of the Appellate Division shall exercise any of the powers of a justice of the Supreme Court, other than those of a justice out of court, and those pertaining to the Appellate Division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, one thousand eight hundred and ninety-five, the Appellate Division shall have the jurisdiction now exercised by the Supreme Court at its General Terms, and by the General Terms of the Court of Common Pleas for the City and County of New York, the Superior Court of the City of New York, the Superior Court of Buffalo and the City Court of Brooklyn, and such additional jurisdiction as may be conferred by the Legislature. It shall have power to appoint and remove a reporter. Justices of fix times The justices of the Appellate Division in each department shall Division to have power to fix the times and places for holding special and trial and place terms therein, and to assign the justices in the departments to hold such terms; or to make rules therefor. for Special and Trial Terms. Judges not to sit in re tain cases. (New.) Amendment of Convention of 1894, ratified Nov. 6, 1894. § 3. No judge or justice shall sit in the Appellate Division or in the view in cer- Court of Appeals in review of a decision made by him or by any court of which he was at the time a sitting member. The testimony in equity cases shall be taken in like manner as in cases at law; and, except as herein otherwise provided, the Legislature shall have the same power to alter and regulate the jurisdiction and proceedings in law and in equity that it has heretofore exercised. Amendment in Italics. This was practically § 8, Art. VI, and was amended as indicated, and made § 8, justices Court. § 4. The official terms of the justices of the Supreme Court shall Terms of be fourteen years from and including the first day of January next of Supreme after their election. When a vacancy shall occur otherwise than by expiration of term in the office of justice of the Supreme Court the same shall be filled for a full term, at the next general election, happening not less than three months after such vacancy occurs; and, until the vacancy shall be so filled, the Governor by and with the advice and consent of the Senate, if the Senate shall be in session, or if not in session the Governor, may fill such vacancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled. Amendment of Convention of 1894; ratified Nov. 6, 1894. abolished. § 5. The Superior Court of the City of New York, the Court of Courts Common Pleas for the City and County of New York, the Superior Court of Buffalo, and the City Court of Brooklyn, are abolished from and after the first day of January, one thousand eight hundred and ninety-six, and thereupon the seals, records, papers and documents of or belonging to such courts, shall be deposited in the offices of the clerks of the several counties in which said courts now exist; and all actions and proceedings then pending in such courts shall be transferred to the Supreme Court for hearing and determination. The judges of said courts in office on the first day of January, one thousand eight hundred and ninety-six, shall, for the remainder of the terms for which they were elected or appointed, be justices of the Supreme Court; but they shall sit only in the counties in which they were elected or appointed. Their salaries shall be paid by the said counties respectively, and shall be the same as the salaries of the other Justices of the Supreme Court residing in the same counties. Their successors shall be elected as justices of the Supreme Court by the electors of the judicial districts in which they respectively reside. The jurisdiction now exercised by the several courts hereby abolished, shall be vested in the Supreme Court. Appeals from inferor and local courts now heard in the Court of Common Pleas for the City and County of New York and the Superior Court of Buffalo, shall be heard in the Supreme Court in such manner and by such justice or justices as the Appellate Divisions in the respective departments which include New York and Buffalo shall direct, unless otherwise provided by the Legislature. Amendment of Convention of 1894, ratified Nov. 6, 1894. courts and Oyer and abolished. § 6. Circuit Courts and Courts of Oyer and Terminer are abolished Circuit from and after the last day of December, one thousand eight hun-courts of dred and ninety-five. All their jurisdiction shall thereupon be vested Terminer in the Supreme Court, and all actions and proceedings then pending in such courts shall be transferred to the Supreme Court for |