The trial courts for criminal matters in the State of New York are the Courts of General Sessions, for capital cases and other felonies and also misdemeanors; the Courts of Special Sessions, for cases of misdemeanors and such cases as are specially directed to be tried in such courts; County Courts, with both criminal and civil jurisdiction; Magistrates' Courts and Courts of justices of the Peace.
As the city of New York, second to London, is, probably, the home of more courts than any other city in the world, a brief résumé of the courts of the city of New York may not be out of place here. The borough of Manhattan, of the city of New York, contains the largest judicial system of the metropolis; the same system is carried out in the other boroughs of the city, the number of parts in the courts in those boroughs being, however, considerably less in number.
There are 18 Trial Terms and eight Special Terms of the Supreme Court sitting in the borough of Manhattan; all these parts, with the exception of one (Trial Term, Part I, Criminal Term) sit or are housed in the County Courthouse, known also as the Supreme Court house. The two parts of the Surrogate's Court sit in the Hall of Records.
The jurisdiction of the Supreme Court of the State of New York in law and equity in cludes °all the jurisdiction which was possesied and exercised by the Supreme Court of the Col ony of New York, at any time, and by the Court of Chancery in England on the 4th day of July, 1776; with the exceptions, additions and limitations, created and imposed by the Constitution and laws of the State. Subject to these exceptions and limitations, the Supreme Court of the State has all the power and au thority of each of these courts, and exercises the same in like manner' Certain courts, known as the Courts of Common Pleas, the Superior Courts and the Courts of Oyer and Tenniner, the latter a criminal court, were abolished 31 Dec. 1895, and their jurisdiction transferred to the Supreme Court.
Special terms for the hearing of litigated, non-enumerated motions (Special Term, Part I) and for ex parte business (Special Term, Part II) are held in the County Courthouse in the borough of Manhattan every court day in the year.
Special Terms for the hearing of equity cases and enumerated motions are held each month in all or several of the special parts,. beginning on the first Monday of each month, except in the months of July, August and Sep tember.
Trial Terms, for the trial of jury cases, are held in all or in nearly all of the trial parts at the County Courthouse, each month, begin ning on the first Monday of each month, except in the months of July, August and September. Trial Term, Part I, for the trial of criminal cases is held at the Criminal Courts Building.
The Appellate Division of the Supreme Court—This court holds its sessions in the Appellate Division Courthouse. There is but one term each year; this term usually begins on the first Monday in October and lasts through the month of June, with short re cesses. Its jurisdiction is appellate and is final, except in cases duly certified by it to the Court of Appeals.
The Appellate Term of the Supreme Court sits in the County Courthouse. It is presided over by three justices of the Supreme Court who are designated for that purpose by the justices of the Appellate Division sitting in the First Department. This court hears appeals from judgments and orders of the City Court of the City of New York and of the Municipal Court of the City of New York, Borough of Manhattan. An appeal may be taken to the Appellate Division from a decision of the Ap pellate Term if the justices of the Appellate Term or a justice of the Appellate Division in the same department allows the appeal.
Surrogate's Court.—The Surrogate's Court for the borough of Manhattan, county of New York, has two parts or terms, a Trial Term and a Special Term. All contested probate proceed ings must be disposed of at the Trial Term. Motions may be heard at the Special Term. The court has the power to take proof of wills, to admit wills to probate and to revoke pro bate; to grant and revoke letters testamentary and of administration, to direct and control the conduct and settle the accounts of executors and administrators; to administer justice in all mat ters relating to the affairs of descedents, accord ing to statutory provisions.