CHAPTER III. OF THE COURT OF ERRORS. From judgments in the supreme court, a writ of error lies to the court of errors, the highest court of judicature in the state. Organization The court of errors is established by the constitution of the state, which declares, that the court for the trial of impeach-constituments and the correction of errors, shall consist of the president of the senate, the senators, the chancellor, and the justices of the supreme court, or the major part of them;1 but also provides that when a writ of error shall be brought, on a judgment of the supreme court, the justices of that court shall assign the reasons for their judgment, but shall not have a voice for its affirmance or reversal.2 The statutes provide that the reasons so assigned shall be submitted in writing, and assigned before the argument of the writ of error. The justices of the supreme court, however, are allowed to vote on any interlocutory or other question, which may arise on a writ of error, not affecting the merits of the cause, or any matter decided in the supreme court. The major part of the members in office, and constitutionally competent to vote on the question pending, are a sufficient number to constitute the court; but no decision can be made without the concurrence of at least ten members legally competent to vote on the question pending.5 4 3 Art. 5. s. 1. 2 R. St. 164. Ib. 32 R. St. 164. s. VOL. I. 5. 28 42 R. St. 164, s. 6. 5 lb. s. 2. Powers. Sessions. Want of quorum. Practice. Officers. The court are empowered and required to examine all errors that shall be assigned or found, in any record brought from the supreme court, or in any process or proceeding touching the same; and to reverse or affirm the judgment of the supreme court, or to give such other judgment as the law may require. It is provided that the sessions of the court may be held at the capitol, in the city of Albany, at such times as the court shall from time to time direct; but that not more than two such sessions shall be held during the recess of the legislature, in any one year.7 It is also provided, that if at the return of a writ of error, or at any other time, to which the same, or the proceedings thereon, shall be adjourned or continued, a sufficient number of the members of the court shall not be present to constitute a court, the writ of error shall not be thereby abated, nor any of the proceedings discontinued; but that the same shall be adjourned or continued by the members then present, to some further day. 8 The practice in this court, which is necessarily very simple, will be noticed when we come to treat of writs of error. errors. The state reporter reports the decisions of the court of Its other officers, besides the attorney general, and the attornies and counsellors of the court, are a clerk, a crier, and a sergeant, who are appointed by the court." 62 R. St. 166. 72 R. St. 164. s. 7. 82 R. St. 167. s. 29. CHAPTER IV. OF COURTS OF LIMITED JURISDICTION. THE courts of which it is proposed to treat in this chapter, are the superior court of the city of New York, the county courts of common pleas, and the mayors courts in cities; the only remaining courts of the state besides those already treated of, which proceed according to the course of the common law. SECTION I. OF THE SUPERIOR COURT OF THE CITY OF NEW YORK. tion. The superior court, which is, both from its constitution and organizaextent of jurisdiction, the most important court of limited' jurisdiction in the state, was established by an act of the legislature in 1828. It consists of a chief justice and two associate justices, nominated and appointed by the governor, with the consent of the senate,10 who hold their offices for five years, and are subject to removal in the same manner as judges of county courts." Either of the judges is empowered to hold the court for the trial of causes, and for the hearing of non-enumerated motions; but all cases and points reserved at trials, bills of exceptions, and demurrers to evidence, motions in arrest of judgment, and issues in law, must be argued and submitted in court before a majority of the judges.12 The superior court is a court of record13 and is empowered to hear, try, and determine, according to law, all local actions arising within the city and county of New York, and all transitory actions, although the same may not have arisen therein, and to grant new trials in all cases where the court find it necessary or proper. But the court has no power to send any process into any other county than the city and county of New York, 15 except its writs of subpoena, which are obligatory upon any witnesss duly served therewith, within the state, in the same manner as if they had been issued out of the supreme court; and the court has power to enforce obedience to such writs by attachment, to be directed to any sheriff or other proper officer of any county in the state, who is bound to serve and return the same as if it had issued out of the supreme court, and under the same pains and penalties, and the same process and proceedings may be had thereon as in the supreme court.16 The justices of the court are expressly authorised to exercise all the powers incident to their offices at chambers, touching any suit or proceeding in the court, and to perform all the duties which justices of the supreme court, out of term, are authorised to perform by any statute; and it is the duty of one of them to attend daily at chambers, at all reasonable hours, for the despatch of business.17 We have seen in addition, that they possess the powers of supreme court commissioners. 101 Judgments recovered and docketed in the superior court, are a lien upon lands within the city and county, in the same manner as if docketed in the court of common pleas of the city and county.18 The costs of the court, and fees of officers are ths same as in the supreme or circuit courts,19 except the fees in a few specified instances.20 A defendant may enter special bail and surrender himself, or be surrendered, in the surrenders. same manner, and before the same officers, as if the action were in the supreme court ;21 and suits upon recognizance of Suits on rebail may also be brought as if the action were in the supreme court.2 22 cognizance. justices Writs of certiorari, to the marine court or assistant justices Certiorari to courts of the city, lie only from the superior court, and are to courts. be issued and returned in the same manner and for the like purposes as they were issued out of the supreme court, at the time the superior court was established.23 of causes court until ment; Causes cannot be removed from the superior court into the No removal supreme court by habeas corpus or certiorari, before a final into supreme decision or judgment; but the supreme court are empowered final judg to order the removal of any transitory action in which the trial unless a trial ought to be had in another county.24 The motion for that county is nepurpose is the same as a motion to change the venue of an in such case action in the supreme court. Upon filing a certified copy of 25 the order for removal in the office of the clerk of the court below, the cause is removed to the supreme court, and proceeds as if originally commenced there; and the clerk of the superior court delivers to the clerk of the court above, all the process and proceedings in the cause, who files the same in his office.26 In order to enable a party to move for the removal of a cause, a justice of the supreme court, or officer possessing the same powers, is authorised, on due cause shown, to grant a stay of proceedings.27 in another cessary; how to be done. be transfer sent from the supreme Causes depending in the supreme court, where the venue is Causes may laid in the city and county of New York, and in which there red by conhas not been a verdict, or decision on a plea to the merits, court to this may, by consent of parties, and on the order and direction of court, and the court, be transferred to the superior court; and they then proceed as if originally commenced there. On such removal, |