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REPORTS OF CASES

ARGUED AND DETERMINED

IN THE

COURT OF APPEALS

OF THE

STATE OF NEW YORK.

BY E. PESHINE SMITH,

Counsellor at Law.

VOL. XIII.

01912712?

ALBANY:
WILLIAM GOULD & SON,
LAW BOOKSELLERS AND PUBLISHERS.

1868.

Entered according to Act of Congress, in the year MDCCCLXV, in the Clerk's Office of the District Court of the United States for the Northern District of New York, by

WILLIAM GO TJ LD. Also-Entered according to Act of Congress, in the year MDCCCLXV, in the Clerk's Office of the District Court of the United States for the Northern District of New York, by CHAUNCEY M. DEPEW, Secretary of State of the State of New York, in trust for the benefit of the People of the said State.

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JUDGES OF THE COURT OF APPEALS.

HIRAM DENIO, CHIEF JUDGE.
HENRY E. DAVIES, ]
WILLIAM B. WRIGHT, JUDGES.
HENRY R. SELDEN,
JAMES EMOTT,

Justices of the Supreme Court, and, ENOCH H. ROSEKRANS,( ex officio, Judges of the Court of ApRANSOM BALCOM,

peals from January 1, 1863, to January RICHARD P. MARVIN,

1, 1864.

AN ACT IN RELATION TO THE JUDICIARY.

[Ch. 280 of 1847.]

"$5. The judge of the Court of Appeals elected by the electors of the State, who shall have the shortest time to serve, shall be the Chief Judge of said court.

"86. Four justices of the Supreme Court, to be judges of the Court of Appeals, shall every year be selected from the class of said justices having the shortest time to serve; and alternately, first, from the first, third, fifth and seventh judicial districts, and then from the second, fourth, sixth and eighth judicial districts; and shall enter upon their duties as judges of the Court of Appeals on the first day of January, and serve as judges of said court ono

year."

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