person bound to service, signified in writing, and acknowledged before a justice of the peace, assign the contract of such service to any other person, which assignment shall vest in such assignee all the rights of the original master, and render him subject to all his obligations. ART. 3. if consent re fused. $42. If the person so bound to service, refuse to give such consent, Powers of gesuch assignment may be made under the sanction of an order of the neral sessions court of general sessions of the peace, after fourteen days' notice of an application to that effect, served on the apprentice, his parent or guardian, if there be any in the county, and when so made, such assignment shall be as valid and effectual as if such consent had been given in manner aforesaid. of this Title $ 43. The provisions of this Title shall apply as well to mistresses, Application female guardians, apprentices and wards, respectively, as to masters, to females. male guardians, apprentices and wards. [Of the preceding SECOND PART OF THE REVISED STATUTES, the last seven Chapters were passed as several and distinct Acts, by the Senate and Assembly, on the 4th of December, 1827, and were on the same day approved and signed by DE WITT CLINTON, Governor of the State. The first Chapter was passed by the two houses, on the 10th of December, 1828, and was on the same day approved and signed by NATHANIEL PITCHER, Lieutenant-Governor of the State, Mr. Clinton, the Governor, having died on the 11th of February preceding.] REVISED STATUTES OF THE STATE OF NEW-YORK. PART III. AN ACT Concerning courts and ministers of justice, and proceedings in civil cases. WHEREAS it is expedient that the several statutes of this state, relating to courts and ministers of justice, and to proceedings in civil cases, should be consolidated and arranged in appropriate chapters, titles and articles; that the language thereof should be simplified; and that omissions and other defects should be supplied: Therefore, The People of the State of New-York, represented in Senate and Assembly, do declare and enact as follows:— CHAPTER I. Of the Courts of General or Limited Jurisdiction. TITLE 1. Of the court for the trial of impeachments and the correction TITLE 4. TITLE 5. Of the circuit courts, sittings, and courts of oyer and terminer. Of the courts of common pleas and general sessions of the peace, in the several counties of this state. TITLE 6. Of mayors' courts in cities. TITLE I. OF THE COURT FOR THE TRIAL OF IMPEACHMENTS AND THE CORRECTION OF ERRORS. ART. 1.-Of the constitution of the court, and its officers. ART. 2. Of impeachments, and the mode of conducting them. 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 $ 2. 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. scs, judges, S 4. 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.2 $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- S6. When any interlocutory or other question shall arise on an ap&c. may vote 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. S7. 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 samé 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. Seal of the court. $8. The seal of the court shall continue to be that, of which a de- ART. 2. scription is now deposited and recorded in the office of the secretary of this state; which description shall there remain as a public record.3 $9. The writs and process of the court shall be signed by the clerk, Testo, &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. Pay of clerk and other offi $11. The clerk of the court shall receive the same daily compensation, 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.1 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." S 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.5 14. The person accused, is entitled, on the trial of the impeach- Counsel. ment, to be allowed counsel, as in civil actions.6 S 15. When issue shall be joined in an impeachment, the court Time and shall appoint a time and place for the trial thereof." S16. At the time and place so appointed, and before the commencement of the trial, the clerk shall administer to the president of the se (3) 1 R. L. p. 132, § 2. (4) Laws of 1822, p. 302, § 33. (5) 1 R. L. p. 132, § 4. (6) Cons. art. 7, § 7. place of trial. Oath of members. |