TITLE 1. Members of the court. Quorum, &c. Proceedings ARTICLE FIRST. Of the Constitution of the Court and its Officers. SEC. 1. Members of the court. 2. Quorum; members necessary to a decision. 3. Duty and power of chancellor, on appeals from chancery. 4. Duty of justices of supreme court, on writs of error. 5. Reasons of chancellor and judges, how and when to be submitted. 6. Chancellor and judges may vote in certain cases. 7. Sessions of the court, when and where held. 8. Seal of the court. 9. Process, how to be signed and tested. 10. Court may appoint subordinate officers. 11. Compensation to clerk and officers, for attendance. SECTION 1. The court for the trial of impeachments and the correction of errors, consists of the president of the senate, the senators, the chancellor, and the justices of the supreme court.1 S2. The major part of the members then in office, and constitutionally competent to vote on the question pending, shall be 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. S3. When an appeal from a decree in chancery shall be heard, on appeals. the chancellor shall inform the court of the reasons for his decree, but shall have no voice in the final sentence.2 Ib. on writs of error. Assigning reasons, &c. S4. 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 have no voice in its affirmance or reversal.* $5. The reasons so to be assigned by the chancellor or justices of the supreme court, shall be submitted in writing. They shall be assigned before the argument of the appeal or writ of error, as the case may be. In certain ca- $ 6. When any interlocutory or other question shall arise on an apses, judges, &c. may voto peal, not affecting the merits of the cause, or any point decided in the court of chancery, the chancellor may vote thereon, as other members of the court; and when any such question shall arise on a writ of error, not affecting the merits of the cause or any matter decided in the supreme court, the justices of that court may vote thereon as other Sessions of the court. members. $7. 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 not more than two such sessions shall be held during the recess of the legislature, in any one year; and when so held during the recess of the legislature, the president of the senate and the senators, shall receive the same compensation, for travelling and attendance, as for attending a meeting of the senate. (1) Cons. art. 5, § 1; 1 R. L. p. 132, § 1. (2) Cons. art. 5, § 1. ART. 2. $8. The seal of the court shall continue to be that, of which a description is now deposited and recorded in the office of the secretary of Seal of the this state; which description shall there remain as a public record.3 court. $9. The writs and process of the court shall be signed by the clerk, Teste, &c. and tested in the name of the president of the senate.3 of process. officers $10. In addition to the officers of the court, named in the fifth Subordinate Chapter of the First Part of the Revised Statutes, the court shall have power, from time to time, to appoint such subordinate officers as may be necessary for the convenient transaction of business. and other offi $11. The clerk of the court shall receive the same daily compen- Pay of clerk sation, for his attendance at any term of the court held during the re-cers. cess of the legislature, as is allowed to the members of the senate; and the other officers of the court shall receive the same compensation, for their attendance at any such term, as is or shall be allowed them for their attendance on the senate, to be certified and paid in like manner. But no such daily compensation shall be made to any of the said officers, for their attendance on the court during the meeting of the legislature. ARTICLE SECOND. Of Impeachments, and the Mode of conducting them. SEC. 12. Proceedings to summon court to try impeachments. 13. Party impeached, how proceeded against; his rights on appearance. 14. Entitled to counsel. 15. Time and place for trial to be appointed. 16. Oath to be taken by president and members. 17. Court to try impeachment; may adjourn. 18. Two-thirds necessary to conviction. 19. Party to be acquitted, if two-thirds do not concur. 20. Judgment upon conviction. 21. Officers impeached, suspended until acquittal. 22. Proceedings if president of senate be impeached. 23. Conviction not to bar indictment, &c. summoned. $ 12. All impeachments shall be delivered by the assembly to the Court, how president of the senate, who shall thereupon cause the court for the trial of impeachments to be summoned.5 $13. The court, when summoned, shall forthwith cause the person Proceedings. impeached, to appear and to answer the charge exhibited against him; and upon his appearance, he shall be entitled to a copy of the impeach ment, and a reasonable time to answer the same." $ 14. The person accused, is entitled, on the trial of the impeach- Counsel. ment, to be allowed counsel, as in civil actions. $15. When issue shall be joined in an impeachment, the court Time and shall appoint a time and place for the trial thereof.5 § 16. At the time and place so appointed, and before the commencement of the trial, the clerk shall administer to the president of the se(6) (3) 1 R. L. p. 132, § 2. (4) Laws of 1822, p. 302, § 33. (5) 1 R. L. p. 132, § 4. Cons. art. 7, §7. place of trial. Oath of members. TITLE 1. nate, and the president to each of the members of the court then present, an oath or affirmation, truly and impartially to try and determine the charge in question, according to evidence. No member of the court shall sit or give his vote upon such trial, until he shall have taken such oath or affirmation.7 Powers of court; $ 17. Such oath or affirmation being administered, the court shall adjournments then proceed to hear, try, and determine the impeachment; and may from time to time, if necessary, adjourn the trial to any other time or place." Two thirds required to convict. When acquitted. Judgment up on conviction Officers auspended by $ 18. No person can be convicted on an impeachment, without the concurrence of two-thirds of the members of the court then present.8 $ 19. If two-thirds of the members present shall not assent to a conviction, the person impeached shall be declared acquitted.8 $20. Upon a conviction of the person impeached, judgment may be given that he be removed from office; or that he be disqualified to hold any office of honor, trust or profit, under this state; or both; but no other judgment can be pronounced.8 S 21. Every officer impeached, shall be suspended from the exerimpeachment cise of his office, until his acquittal.9 Tb. president of senate. Indictment after conviction. Errors in chancery and sup. court. Powers, &c. respecting supreme court. Remitting record. $ 22. If the president of the senate shall be impeached, notice thereof shall be immediately given to the senate, by the assembly, that another president may be chosen." S23. Every person convicted on an impeachment, shall, nevertheless, be liable to indictment and punishment according to law. 10 ARTICLE THIRD. Of its Powers as a Court for the Correction of Errors. SEc. 24. To correct errors in chancery and supreme court. 25. Powers and duty in respect to errors in supreme court. 29. Writs and appeals not to abate for want of a quorum. $24. The court shall have full power to correct and redress all errors, that may happen in the court of chancery, or in the supreme court. 11 $25. The court shall 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 shall have power to reverse or affirm the judgment of the supreme court, or to give such other judgment as the law may require.11 11 $26. The transcript of such record, with the judgment of the court for the correction of errors thereon shall be remitted to the supreme (7) 1 R. L. p. 132, § 4. (8) Cons. art. 5, § 2. (9) 1 R. L. 133, § 6. (10) Cons. art. 5, § 2. (11) 1R. L. p. 133, § 7 & 10. court; where such further proceedings shall be had, as may be necessary to carry such judgment into effect. 12 ART. 1. chancery. $27. Upon any order or decree of the court of chancery being Appeals from brought by appeal to the court for the correction of errors, that court shall examine all errors that shall be assigned, or found, in such order or decree, and shall hear and determine such appeal, and all matters concerning the same; and shall have power to reverse, affirm, or alter such order or decree, and to make such other order or decree therein, as justice shall require.12 creen, &c. $28. When an appeal shall have been so heard and determined, Remitting de all the proceedings, together with the judgment, decree or order of the court for the correction of errors, therein, and all things concerning the same, shall be remitted to the court of chancery; where such further proceedings shall be thereupon had, as may be necessary to carry such judgment, decree or order, into effect. 12 when quo $ 29. If at the return of any writ of error, or at the time of enter- Proceedings ing an appeal in the court for the correction of errors, or at any other rum wantingtime, 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 the appeal, nor any of the proceedings discontinued; but the same shall be adjourned or continued by the members then present, to some further day. 12 TITLE II. OF THE COURT OF CHANCERY. ART. 1. Of the constitution of the court, and of its officers and their duties. ART. 3. Of the terms of the court, and the mode of proceeding therein. ART. 4. Of proceedings against absent, concealed, and non-resident defendants. ART. 5.—Of the granting of injunctions to stay proceedings at law. ART. 6. Of the powers and proceedings of the court, upon bills for the foreclosure or satisfaction of mortgages. ART. 7. Of proceedings in relation to the conveyance of lands by infants, and the sale and disposition of their estates. ARTICLE FIRST. Of the Constitution of the Court, and of its Officers and their SEC. 1. Powers of court vested in the chancellor. 2. Circuit judges to be vice-chancellors in certain cases. 3. Restrictions on powers of vice-chancellors. 4 Causes to be heard by chancellor; reference to vice-chancellors. 5. Power to tax costs vested in vice-chancellors and certain masters. (12) 1 R. L. p. 133, § 7 & 10. Powers of chancellor. Powers of circuit judges as lors. 8. Clerks and register, &c. to attend courts of vice-chancellors. 9. Bonds to be given by register, assistant register, and clerks in chancery. 11. Proceedings on forfeiture of bond; application of money recovered. 13. Clerks of equity courts to deliver books, &c. to clerks in chancery. 15. Pending causes in equity courts, transferred; further proceedings. 18. Money received by clerks, where deposited. 19. Statements of money received by clerks to be sent to register. 20. Certificate of cashier to accompany statement. 21. Money paid into court, how invested; party paying not liable therefor. 22. Rules to be made by chancellor concerning money, &c. 23. Money deposited to be paid out only on order of court, &c. 24. Stocks, &c. to be in name of register, &c.; accounts by them. 25. Register, &c. to exhibit accounts to chancellor, each term. 26. Stock, &c. to vest in successor of register, clerk, &c. 27. Money in banks, deposited by register, &c. to be credited to successor. 28. Duties of sergeants of courts of chancery. 29 & 30. Sheriffs made officers of court; their duties. 31. Sheriffs to attend terms of court in their counties; their powers. 32. Second applications for injunctions, &c. not to be made to masters. 33. Orders granted on such application, void; how revoked. 34. Persons so applying, how punished. 35. Expenses of court, how paid and accounted for. $1. The powers of the court of chancery are vested in the chan cellor. $ 2. Every circuit judge, within the limits of his circuit, shall be vice-chancel a vice-chancellor, and shall, concurrently with the chancellor, and exclusively of any other circuit judge, have and exercise all the original jurisdiction and powers which now are, or hereafter may be vested in the chancellor, in all causes and matters in equity, and in all matters of which the cognizance is or shall be vested in the chancellor, by virtue of any statute, in the following cases: Not to discharge, &c. Not to review 1. Where such causes and matters shall have arisen within the cir cuit of such judge: or, 2. Where the subject matter in controversy shall be situated within such circuit: or, 3. Where the defendants, or persons proceeded against, or either of them, reside within such limits: Subject to the appellate jurisdiction of the chancellor, as herein provided. $3. The vice-chancellors shall not have power to discharge, reorders, &c. of verse or alter any decree, order or act, made or done by the chancelchancellor. lor; nor shall they have jurisdiction of any appeal from, or of any &c. orders of proceeding in the nature of an appeal from, or review or rehearing of any order or decree of the vice-chancellor of any other circuit, or of any inferior court authorised by law to entertain any proceedings in Exceptions. equity, or of any surrogate, except in those cases where an appeal to a circuit judge is expressly given by law; and except where a cause other vicechancellors, &c. |
