thereon and returned unsatisfied. Application was made to the county judge for an order requiring plaintiff to appear and answer under § 294 of the Code. The affidavit presented was made by McI., who described himself therein as the attorney for the plaintiff, the defendant herein. It stated upon information and belief, that the plaintiff herein had property of said T, and was indebted to him in an amount exceeding $10. An order was issued requiring plaintiff to appear before the county judge, at a specified time and place, to be examined, etc. The order was served, and plaintiff failed to appear as required; and, upon proof of service, an attachment was issued for his arrest, to answer for contempt. The attachment was delivered by defendant's attorney to the sheriff, with instructions to arrest plaintiff, which arrest is the false imprisonment complained of. At the close of plaintiff's evidence, defendant moved for a nonsuit, which was granted. STATE OF NEW YORK, Office of the Secretary of State. S I have compared the preceding with the original appointment on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original appointment. Given under my hand and the seal of office of the Secretary of State, at the city of Albany, this [L. S.] twenty-fourth day of November, in the year one thousand eight hundred and seventythree. ANSON S. WOOD, Deputy Secretary of State. SECOND JUDICIAL DISTRICT. General Terms. Announced under the act of April 27, 1871, as fol lows: Second Monday of February, 1874 and 1875, at the court-house, Kings county. Second Monday of May, 1874 and 1875, at the court Second Monday of September, 1874 and 1875, at the court-house in Kings county. Held, that the affidavit was sufficient to confer jurisdiction upon the judge to grant the order; that to authorize the issuing of an attachment in proceed-house at Poughkeepsie. ings supplementary to execution, instituted under § 294 of the Code, against one indebted to the judgment debtor, for a failure to appear and be examined as required by the order of the county judge, no proof by affidavit of the failure to appear is necessary; the judge has judicial knowledge of that fact. Miller v. Adams. Opinion by Grover, J. 2. Where such application is made upon the attorney, affidavit, proof of his authority to act, is not necessary to confer jurisdiction upon the judge to issue the order. Also, held, that one who applies to a judge to issue an attachment for the arrest of another, and who receives and delivers it to the sheriff for service, is liable for the arrest, in case the attachment is void for want of jurisdiction in the judge, or for any other cause. Ib. TERMS AND CIRCUITS FOR 1874-5. The justices of the Supreme Court of the State of New York have designated the following terms and circuits for 1874-5: FIRST JUDICIAL DISTRICT. In Supreme Court, November 20, 1873. Pursuant to the provisions of the Code of Procedure, the justices of the First Department do hereby appoint the courts of the Supreme Court and Oyer and Terminer to be held in the city and county of New York, for the years 1874 and 1875, as follows, viz.: Special terms for enumerated motions to be held on the first Mondays of February, April, June, November and December in each year. Courts of Oyer and Terminer to be held on the first Mondays of February, April, June and November in each year. Three Circuit Courts to be held on the first Mondays of February, April, June, November and December in each year. Two Circuit Courts to be held on the first Mondays of January, March, May and October in each year. Special terms for motions and chamber business to be held on the first Monday of each month in each year. D. P. INGRAHAM, P. J., E. L. FANCHER. Second Monday of December, 1874 and 1875, at the court-house in Kings county. The justices of the Supreme Court hereby appoint Circuit Courts and Courts of Oyer and Terminer and Special Terms, to be held in the Second Judicial District, for the years 1874 and 1875. Circuit Courts and Courts of Oyer and Terminer. KINGS COUNTY. First Monday of January, 1874. First Monday of November, 1874... do Barnard. First Monday of January, 1875. except in the county of Kings, at the times and places appointed for holding circuit courts therein. Dated November 12, 1873. J. F. BARNARD, J. W. GILBERT, A. B. TAPPEN. STATE OF NEW YORK, I have compared the preceding with the original appointment on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original appointment. Given under my hand and seal of office, of the Secretary of State, at the city of Albany, this four[L. S.] teenth day of November, in the year one thousand eight hundred and seventy-three. ANSON S. WOOD, Deputy Secretary of State. Pursuant to the requirements of the 7th section of chapter 408 of the Laws of 1870, the undersigned justices of the Supreme Court, resident in the Third Judicial Department, do hereby appoint the times and places of holding Special Terms, Circuit Courts and Courts of Oyer and Terminer, within the said Judicial Department, for two years, commencing on the first day of January, eighteen hundred and seventy-four, and assign justices to hold said courts as follows: THIRD JUDICIAL DISTRICT, 1874 AND 1875. Circuit Courts, Special Terms and Courts of Oyer and Terminer. First Monday of Sept. '74, Third Monday of Nov. '74, Fourth Monday of Ap. 75, do do Barnard. First Monday of Sept. "75, Third Monday of Nov. '75, KINGS COUNTY. For the hearing of non-enumerated motions. Monday of October.. ... do Westbrook. do Westbrook. do Ingalls. Judge Westbrook. do Learned. do Ingalls. Judge Westbrook. do Ingalls. do Learned. First First Monday of March, 1875. do Pratt. First Monday of April, 1875. do First Monday of May, 1875. do First Monday of June, 1875.. First Monday of July, 1875 First Monday of September, 1875.. Tappen. Gilbert. do Tappen ⚫do do 9999999 Barnard. Barnard. Pratt. do DUTCHESS COUNTY. Every Saturday, 1874 and 1875....... Justice Barnard. Special terms will also be held in the several counties, ...... ULSTER COUNTY. ...... Second Monday of January....... Monday of October......... Judge Ingalls. do Learned. do Westbrook. Judge Ingalls. do Westbrook. do Learned. Special Terms for motions and the argument of demurrers only will also be held on the first Tuesday of every month at Troy, by Judge Ingalls, at his chambers, when not otherwise engaged or assigned; on the second Tuesday of every month at Albany, by Judge Learned, at his chambers, when not otherwise engaged or assigned; on the third Tuesday of every month at Hudson, by Judge Miller, at his chambers, when not otherwise engaged or assigned; and on the third Tuesday of every month at Kingston, by Judge Westbrook, at his chambers, when not otherwise engaged or assigned. Motions shall not be noticed for such Special Terms except in actions where the venue is in a county within the Third Judicial District. Such terms will be open at all times for ex parte business. FOURTH JUDICIAL DISTRICT. Circuit Courts, Courts of Oyer and Terminer, and Special Terms, for non-enumerated and ex parte motions. Additional Special Terms for hearing non-enumerated motions and ex parte applications will be held. By Justice James, at Ogdensburg, on the first Tuesday of each month. By Justice Potter, at Whitehall, on the second Tuesday of each month. Tuesday of each month. By Justice Bockes, on the fourth Tuesday of each month, at Saratoga Springs, when such justices are not otherwise engaged. These Special Terms to be at all times open for ex parte business. CHENANGO COUNTY. ......... Last MONTGOMERY COUNTY. Third Third Monday in May....... Boardman. Balcom. Monday in November, Balcom. Murray. CORTLAND COUNTY. Murray. Third Monday in January... Balcom. First Monday in April...... Murray. Boardman. Third Monday in September, Boardman. Balcom. DELAWARE COUNTY. Third Monday in February.. Balcom. Murray. First Monday in June... Boardman. Balcom. Second Monday in December. Murray. Boardman. Third Monday in February.. Murray. OTSEGO COUNTY. ... Third Monday in January Boardman. Balcom. Second Monday in May .. Murray. Boardman. Third Monday in September. Balcom. Murray. SCHUYLER COUNTY. First Monday in April...... Boardman. Murray. Second Monday in December. Balcom. Murray. TIOGA COUNTY. ...... WASHINGTON COUNTY. Potter. James. Landon. APPOINTMENTS OF COURTS OF OYER AND TERMINER, CIRCIUT AND SPECIAL TERMS IN THE FOURTH JUDICIAL DEPARTMENT. The justices of the Supreme Court, residing in the Fourth Judicial Department of the State of New York, do hereby appoint times and places of holding Circuits and Special Terms of the Supreme Court, and Courts of Oyer and Terminer in the several counties comprised within the said Department, and designate the justices to hold the same for two years, commencing on the first day of January, 1874, as follows, that is to say: For 1875. Third Monday, February Special Terms for 1874 and 1875. Second Tuesday, April Circuit Courts and Courts of Oyer and Terminer in and Fourth Monday, January, Oswego Pulaski First For 1875. Fourth Monday, January, for the county of Oswego, for 1874. Morgan. Monday, May, Hardin. Doolittle. Morgan. Hardin. Hardin. Morgan. Hardin. ...... Oswego First Monday, May, Pulaski Second Monday, September, Oswego Special Terms, 1874. Second Tuesday, June, Oswego Second Tuesday, November, Oswego For 1875. Oswego Second Tuesday, June, Circuit Courts and Courts of Oyer and Terminer in and for the county of Herkimer, for 1874. Fourth Monday, April For 1875. Fourth Monday, April Special Terms for 1874. First Tuesday, September.... Hardin. Morgan. Hardin. Doolittle. Hardin. Doolittle. For 1875. First Tuesday, September........ Circuit Courts and Courts of Oyer and Terminer in and for Lewis county, for 1874 and 1875. |