or other proceeding, civil or criminal, returnable, or to be heard or tried, at that term, is not abated, discon tinued, or rendered void thereby; but all persons are bound to appear, and all proceedings must be had, at the time and place to which the term is adjourned or changed, or, if it fails, at the next term, with like effect as if the term was held, as originally appointed.

2 R. S. 204, 22; 2 R. S. 277, 3, 5 and 6; 2 R. S. 291, 91; L. 1833, ch. 159.3 (4 Edm. 532); L. 1847, ch. 280, 28 (4 Edm. 564); L. 1866, ch. 174, 13 (6 Edm. 706).

45. Trial once commenced may be continued beyond term. Where the trial or hearing of au issue of fact, joined in an action or special proceeding, civil or criminal, has been commenced at a term of a court of record, it may, notwithstanding the expiration of the time appointed for the term to continue, be continued to the completion thereof; including, if the cause is tried by a jury, all proceedings taken therein until the actual discharge of the jury; or, if it is tried by the court without a jury, until it is finally submitted for a decision upon the merits.

L. 1875, ch. 3, 1, am'd. This section will supersede L. 1846, ch 2; and L. 1859, ch. 208, 1 (5 Edm. 218). Lowenberg . The People, N. Y. 336; s. c., 26 How. 202; Ferris v. People, 31 id. 140.

TITLE II.

Provisions of general application, relating to the judges, and certain other officers of the courts.

ARTICLE 1. General powers, duties, liabilities and disabilities of judges, and officers acting judicially.

2. Attorneys and counsellors at law.

3. General provisions concerning certain ministerial officers connected with the administration of justice; and special provisions concerning officers of that description, attacked to two or more courts.

ARTICLE FIRST.

GENERAL POWERS, DUTIES, LIABILITIES, AND DISABILITIES OF JUDGES AND OFFICERS ACTING JUDICIALLY.

Sao. 46. Judge not to sit when he is a party, etc., or has not heard

argument.

47. Judge not to be interested in costs.

48. Disability of judge in certain appeala.

SEC. 49. Judge or judge's partner not to practice in his court.

50. Judge's partner or clerk not to practice before him; Judge
not to practice in a cause which has been before him.
51. Judge not to take fees for advice in certain cases.

52. Substitution of one officer for another in special proceeding.
53. Proceedings before substituted officer.

54. Judge to file certificate of age, etc.

$46. [Amended, 1895.] Judge not to sit when he is a party, etc., or has not heard argument. A judge shall not sit as such in, or take any part in the decision of, a cause or matter to which he is a party, or in which he has been attorney or counsel, or in which he is interested; or if he is related by consanguinity or affinity to any party to the controversy within the sixth degree. The degree shall be ascertained by ascending from the judge to the common ancestor; and descending to the party, counting a degree for each person in both lines, including the judge and party, and excluding the common ancestor. (1) But a judge of the court of appeals shall not be disqualified from taking part in the decision of an action or special proceeding in which an insurance company is a party or is interested, by reason of his being a policy liolder therein. judge, other than a judge of the court of appeals, shall not decide or take part in the decision of a question, which was argued orally in the court, when he was not present and sitting therein as a judge.(2)

In effect April 8, 1895; L. 1895, ch. 267.

Α

2 R. S. 275, § 2; L. 1847, ch.280, § 81 (4 Edm. 580); L 1850, ch. 41, §2 (4 Edm. 39); consolidated. (1) Foote v. Stiles, 57 N. Y. 399; Chambers 2. Clearwater, 1 Abb. Ct. App. Dec. 341; Oakley v. Aspinwall, 3 N Y. 547; see Foot v. Morgan, 1 Hill, 654; Cain v. Ingham, 7 Cow. 478, and note; Edwards v. Russel, 21 Wend. 63; People v. Wheeler, 21 N. Y. 82; Palmer v. Lawrence, 5 id. 389; People v. Edmonds, 15 Barb. 529; Brown v. Brown, 2 E. D. Smith, 153; Carman v. Newell, 1 Denio, 25; Higbe v. Leonard, id. 186; Post v. Black, 5 id. 66; Washington Ins. Co. v. Price, Hopk. Ch. 1; N Y. & N. H. R. R. Co. v. Schuyler, 28 How. 187; see Hall v. Thayer. 7 Am. Rep. 513; M'Laren v. Charrier, 5 Paige, 530. (2) Corning v. Slosson, 16 N. Y. 294; Chamberlain v. Dempsey, 36 id. 144; Parrott v. Knickerbocker Ice Co., 1S. W. 533; S. c., 38 How. 508; People v. Shaw, 63 N. Y. 36; affirming 5 T. & C. 439.

47. Judge not to be interested in costs. - A judge shall not, directly or indirectly, be interested in the costs of an action or special proceeding, brought before him, or in a court of which he is, or is entitled to act as a member, except an action or a special proceeding to which he is a party, or in which he is interested. 2 R. S. 275, Part 3, ch. 3, tit. 1, part of § 5.

48. [Amended, 1895.] Disability of judge in certain appeals.- A judge of a court of record is not disqualified, from hearing or deciding an action or special proceeding, matter or question, by reason of his being a resident or tax-payer of a town, village, city, or county, interested therein.

In effect Jan. 1, 1896; L. 1895, ch. 946.

49. Judge or judge's partner not to practice in hia court.-A judge shall not practice or act as an attorney or counsellor, in a court of which he is, or is entitled to act as a member, or in a case originating in that court.(1) A law partner of, or person connected in law busi ness with a judge, shall not practice or act as an attorney or counsellor, in a court, of which the judge is, or is entitled to act as a member, or in a cause origi nating in that court; except where the latter is a member of a court, ex-officio, and does not officiate or take part, as a member of that court, in any of the proceedings therein.(2) An ex-officio judge shall not, directly or indirectly, be interested in the costs, or the compensation of an attorney or counsellor, in the court of which he is ex-officio a judge.

2 R. S. 275, 4, and part of 15; L. 1839, ch. 303, as am'd by L. 184), ch. 272; and Id., ch. 346; L. 1847, ch. 280, part of 182; L. 1841, ch. 470, 48, 50, and part of 3 51. (1) See Given v. Driggs, 3 Cal. 150; Hobby v. Smith, 1 Cow. 588; Libby v. Rosekrans, 55 Barb. 202. (2) Fox v. Jackson, 8 Barb. 355.

§ 50. [Amended, 1877.] Judge's partner or clerk not to practice before him; judge not to practice in a cause which has been before him.- The law partner or clerk of a judge shall not practice before him, as attorney or counsellor in any cause, or be employed in any cause which originated before him. A judge shall not act as attorney or counsellor in any action or special proceeding, which has been before him in his official character.

L. 1847, ch. 470, part of 51, and 52 (3 R. S., 5th ed., 367, 466; 4 Edın. 590); Fox v. Jackson, 8 Barb. 355.

cases.

§ 51. Judge not to take fees for advice in certain - A judge or other judicial officer, shall not demand or receive a fee or other compensation, for giving his advice in a matter or thing pending before him, or which he has reason to believe will be brought before him for decision; or for preparing a paper or other proceeding, relating to such a matter or thing; except a justice of the peace, in a case where a fee is expressly allowed to him by law.

2 R. B. 275, 6 (3 R. S., 5th ed., 466; 2 Edm. 285), am'd. White v. Peters, How. 69.

§ 62. Substitution of one officer for another in special proceeding. In case of the death, sickness, resignstion, removal from office, absence from the county, of

other disability of an officer, before whom a special pro ceeding has been instituted, where no express provision is made by law for the continuance thereof, it may be continued before the officer's successor, or any other officer residing in the same county, before whom it might have been originally instituted; or, if there is no such officer in the same county, before an officer in an adjoining county, who would originally have had jurisdiction of the subject-matter, if it had occurred or existed in the latter county.

2 R. S. 284, 51 (3 R. S., 5th ed., 475; 2 Edm. 295). Holstein v. Rice, 24 How, 135; s. c., 15 Abb. 307; Cobb . Harmon, 23 N. Y. 148, 155.

53. Proceedings before substituted officer. the time and place specified in a notice or order, for a party to appear, or for any other proceeding to be taken, or at the time and place specified in the notice to be given, as prescribed in this section, the officer substi tuted as prescribed in the last section, or in any other provision of law, to continue a special proceeding insti tuted before another, may act, with respect to the special proceeding, as if it had been originally insti tuted before him. But a proceeding shall not be taken before a substituted officer, at a time or place, other than that specified in the original notice or order, until notice of the substitution, and of the time and place appointed for the proceeding to be taken, has been given, sither by personal service or by publication, in such manner and for such time as the substituted officer directs, to each party who may be effected* thereby, and who has not appeared before either officer. Where, after a hearing has been commenced, it is adjourned to the next judicial day, each day to which it is so adjourned, is regarded, for the purposes of this section, as the day specified in the original notice or order, or in the notice to appear before the substituted officer, as the case requires.

Id.. 8 52 and 53, consolidated and am'd.

§ 54. Judge to file certificate of age, etc. A judge of a court of record must, within ten days after he enters on the duties of his office, make and sign a certificate, stating his age, and the time when his official

Error in engrossing for "affected."

term will expire, either by completion of a full term, or by reason of the disability of age, prescribed in the constitution. The certificate must be filed in the office of the secretary of State, who must keep a record of the time of the commencement and termination of the official term, of each judge of a court of record.

L. 1870, ch. 86, 8 (7 Edm. 653), and People v. Gardner, 45 N. Y. 812; Dohring. People, 2 T. & C. 458.

ARTICLE SECOND.

ATTORNEYS AND COUNSELLORS AT LAW.

ko. 65. Party may appear in person or by attorney. 56. Examination and admission of attorneys. 57. Rules, how changed.

58. Exemptions to graduates of certain law schools.

59. Attorney's oath of office, and certificate of admission.

60. Attorneys residing in adjoining states.

61. Clerks, etc., not to practice.

62. Id.; as to sheriff, etc.

63. None but attorneys to practice in New-York and Kings countles 64. Penalty for violation, or suffering violation of last section.

65. Death or disability of attorney; proceedings thereupon.

66. Attorney or counsel's compensation.

67. Suspension from practice.

68. Must be on notice

69. Removal or suspension, how to operate.

70. Punishment for deceit, etc.

71. Id.; for wilful delay of action.

72. Attorney not to lend his name.
73. Attorney not to buy claim.
74. Certain loans prohibited.

75. Penalty.

76. Limitation of preceding sections.

77. Same rule when party prosecutes in person.

78. Partner of district-attorney, etc., not to defend prosecutions. 79. Attorney not to defend when he has been public prosecutor. 80. Penalty.

81. Limitation of provisions.

55. Party may appear in person or by attorney

A party to a civil action, who is of full age, may pros ecute or defend the same in person or by attorney, at his election, unless he has been judicially declared to be incompetent to manage his affairs. Each provision of this act, relating to the conduct of an action, wherein the attorney for the party is mentioned, includes party prosecuting or defending in person, unless otherwise specially prescribed therein, or unless that construction is manifestly repugnant to the context. If a party has an attorney in the action, he cannot appear to act in person, where an attorney may appear or act