ART. 2.

17. The recorder's court of the city of Utica.
18. The recorder's court of the city of Oswego.
19. The justices court of the city of Albany.
20. A surrogate's court in each county.

not of



SEC. 5. The sittings of courts to be public.

6. Courts not to sit on Sunday, except in special cases.

7. General powers of courts of record.

8. Criminal contempts defined.

9. Punishment for criminal contempts.

10. Such contempts in view of court; how punished, etc.

11. Requisites of commitment.

12. Preceding sections limited.

13. Indictment, if offence is indictable.

14. Contempts punishable civilly.

15. No punishment for non-payment of interlocutory costs.

16. Jd.; money due upon a contract.

17. Rules of courts of record, how made and revised.

18. Rules to be published.

19. Courts to order calendar printed.

20. Expense to be a county charge.

21. Certain papers may be destroyed.


SEC. 22. Writs, etc., in name of the people, and in English ; abbreviations.

23. Id.; teste and return.
24. Id.; to be subscribed or indorsed. When error, etc., not to vitiate.
25. No discontinuance by reason of vacancy, etc.
26. In New-York, one judge may continue proceedings commenced before

27. Provisions respecting the seals of courts.
28. Seals of counties.
29. What is a sufficient sealing.
30. New seals.

The site tings of

§ 5. The sittings of a court are public, and any citizen be public. may freely attend the same.

Courts not to sit on Sunday, except in special cases.

$ 6. A court shall not be opened, or transact any business on Sunday, except to receive a verdict or discharge a jury. An adjournment of a court on Saturday, unless made after a cause has been committed to a jury, must be to some other day than Sunday. But this section does not prevent the exercise of the jurisdiction of a magistrate, where it is necessary to preserve the peace, or, in a criminal case, to arrest, commit or discharge a person charged with an offence.

General powers of courts of record.

7. A court of record has power: 1. To issue a subpæna, requiring the attendance of a person found in the State, to testify in a cause pending in that court; subject, however, to the limitations, prescribed by law, with respect to the portion of the State, in which the process of a local court of record may be served.

2. To administer an oath to a witness, in the exercise of the powers and duties of the court.

3. To devise and make new process and forms of proceedings, necessary to carry into effect the powers and ju. risdiction possessed by it.

Criminal con


$ 8. A court of record has power to punish for a criminal tempts contempt, a person guilty of either of the following acts,

and no others:

1. Disorderly, contemptuous, or insolent behavior, committed during its sitting, in its immediate view and pres

ART. 2

ence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority.

2. Breach of the peace, noise, or other disturbance, directly tending to interrupt its proceedings.

3. Wilful disobedience to its lawful mandate.
4. Resistance wilfully offered to its lawful mandate.

5. Contumacious and unlawful refusal to be sworn as a witness; or, after being sworn, to answer any legal and proper interrogatory.

6. Publication of a false, or grossly inaccurate report of its proceedings. But a court cannot punish as a contempt, the publication of a true, full, and fair report of a trial, argument, decision, or other proceeding therein.

$ 9. Punishment for a contempt, specified in the last sec- Punishtion, may be by fine, not exceeding two hundred and fifty criminal dollars, or by imprisonment, not exceeding thirty days, in tempts. the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail, for the non-payment of such a fine, he must be discharged at the expiration of thirty days; but where he is also committed for a definite time, the thirty days must be computed from the expiration of the definite time.

§ 10. Such a contempt, committed in the immediate view Such conand presence of the court, may be punished summarily; view of when not so committed, the party charged must be notified how punof the accusation, and have a reasonable time to make a otc. defence.

§ 11. Where a person is committed for such a contempt, Requisthe particular circumstances of his offence must be set forth commitin the mandate of commitment.

§ 12. The last four sections do not extend to a special Procedproceeding to punish a person, in a case specified in section tions 14 of this act.



ment, if

§ 13. Punishment for a contempt, as prescribed in this Indict. article, does not bar an indictment for the same offence; offence is but where a person who has been so punished is convicted

on such an indictment, the court, in sentencing him, must take into consideration the previous punishment.



able civilly.

§ 14. A court of record has power to punish, by fine and punish- imprisonment, or either, a neglect or violation of duty, or

other misconduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the court, may be defeated, impaired, impeded, or prejudiced, in either of the following cases :

1. An attorney, counsellor, clerk, sheriff, coroner, or other person,

in any manner duly selected or appointed to perform a judicial or ministerial service, for a misbehavior in his office or trust, or for a wilful neglect or violation of duty therein; or for disobedience to a lawful mandate of the court, or of a judge thereof, or of an officer authorized to perform the duties of such a judge.

2. A party to the action or special proceeding, for putting in fictitious bail or a fictitious surety, or for any deceit or abuse of a mandate or proceeding of the court.

3. A party to the action or special proceeding, an attor. ney, counsellor, or other person, for the non-payment of a sum of money ordered or adjudged by the court to be paid, in a case where by law execution cannot be awarded for the collection of such sum; or for any other disobedience to a lawful mandate of the court.

4. A person, for assuming to be an attorney or counsellor, or other officer of the court, and acting as such without authority; for rescuing any property or person in the custody of an officer, by virtue of a mandate of the court; for unlawfully detaining, or fraudulently and wilfully preventing, or disabling from attending or testifying, a witness, or a party to the action or special proceeding, while going to, remaining at, or returning from, the sitting where it is noticed for trial or hearing; and for any other unlawful interference with the proceedings therein.

« ForrigeFortsett »