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ART. 2.

5. A person subpoenaed as a witness, for refusing or neglecting to obey the subpæna, or to attend, or to be sworn, or to answer as a witness.

6. A person duly notified to attend as a juror, at a term of the court, for improperly conversing with a party to an action or special proceeding, to be tried at that term, or with any other person,

in relation to the merits of that action or special proceeding: or for receiving a communication from any person, in relation to the merits of such an action or special proceeding, without immediately disclosing the same to the court.

7. An inferior magistrate, or a judge or other officer of an inferior court, for proceeding, contrary to law, in a cause or matter, which has been removed from his jurisdiction to the court inflicting the punishment; or for disobedience to a lawful order or other mandate of the latter court.

8. In any other case, where an attachment or any other proceeding to punish for a contempt, has been usually adopted and practiced in a court of record, to enforce a civil remedy of a party to an action or special proceeding in that court, or to protect the right of a party.

§ 15. But a person shall not be arrested or imprisoned, No punfor the non-payment of costs, awarded otherwise than by for nona final judgment, or a final order, made in a special pro- of interceeding instituted by State writ, except where an attorney, costs. counsellor, or other officer of the court, is ordered to pay costs for misconduct as such, or a witness is ordered to pay costs on an attachment for non-attendance.

$ 16. Except in a case where it is otherwise specially Id.; prescribed by law, a person shall not be arrested or impris. due upon oned for disobedience to a judgment or order, requiring the tract. payment of money due upon a contract, express or implied, or as damages for non-performance of a contract.

§ 17. The general term justices of the supreme court, and Rules of the chief judges of the superior city courts, must meet in record,

TITLE 1.

made and revised.

convention, at the capitol, in the city of Albany, on the first
Wednesday of October, 1877, and

every
second

year

thereafter. The convention must establish rules of practice, not inconsistent with this act, which shall be binding upon all courts of record, except the court for the trial of impeachments and the court of appeals. A majority of the mem. bers of the convention constitute a quorum. The rules thus established are styled in this act, “the general rules of prac.

tice”.

Rules to be published.

$ 18. A rule thus established, or a general rule or order of the court of appeals, does not take effect, until it bas been published in the newspaper published at Albany, in which legal notices are required by law to be published, once in each week for three successive weeks.

Courts to order calendar printed.

$ 19. The supreme court, a superior city court, or a county court may, from time to time, by order, require the clerk to cause to be printed for the use of the members and officers thereof, the necessary copies of the calendar of causes, prepared for a term of the court, or, in the supreme court, for the circuit court. But this section does not apply to the city and county of New York.

Expense to be a county charge.

§ 20. The expense of printing the copies of the calendar for a term, shall be a charge upon the county in which the term is held; and must be audited, allowed, and paid, by the board of supervisors thereof, in like manner as other contingent county charges.

Certain papers

may be

destroyed.

§ 21. A superior city court may, from time to time, by an order made at general term, direct the clerk of the court, and the supreme court, at general term, may, by a like order, direct a county clerk, to destroy any of the following papers, now filed, or hereafter to be filed in his office, which the court deems to have become useless, to wit: pleadings, or copies of pleadings furnished for the use of the court; jury panels; returns of inferior courts, which have

been embodied in judgment-records or judgment-rolls ; inn- ART. 2. keepers' licenses, ten years old; and returns of election district canvassers, twenty years old, which have been copied, pursuant to law, into books preserved in his office. But this provision does not authorize the destruction of a judgment. roll, or a paper incorporated or necessary to be incorporated into a judgment-roll.

$ 22. Except where it is otherwise specially prescribed Writs, by law, a writ or other process must be in the name of the name of people of the State, and each writ, process, record, pleading ple and or other proceeding in a court, or before an officer, must be lish; abin the English language, and, unless it is oral, made out on tions. paper or parchment, in a fair legible character, in words at length, and not abbreviated. But the proper and known names of process, and technical words, may be expressed in appropriate language, as now is, and heretofore has been customary; such abbreviations as are now commonly em. ployed in the English language may be used; and numbers may be expressed by Arabic figures, or Roman numerals, in the customary manner.

and roturn.

23. A writ or other process, issued out of a court of Id. teste record, must be tested, except where it is otherwise specially prescribed by law, in the name of a judge of the court, on any day; must be returnable within the time prescribed by law; or, if no time is prescribed by law, within the time fixed by the court, and therein specified for that purpose; and, when returnable, must, together with the return thereto, be filed with the clerk, unless otherwise specially prescribed by law.

§ 24. A writ or other process, issued out of a court of Id.; to be record, must, before the delivery thereof to an officer to be scribed or executed, be subscribed or indorsed with the name of the When erofficer by whom, or by whose direction it was granted, or the not to attorney for the party, or the person at whose instance it was

ror, eto.,

vitiate.

TITLE 1.

No discontinu

issued. A writ or other process thus subscribed or indorsed, is not void or voidable, by reason of having no seal or a wrong seal thereon, or of any mistake or omission in the teste thereof, or in the name of the clerk, unless it was issued by special order of the court.

§ 25. An action or special proceeding, civil or criminal, ance by in a court of record, is not discontinued by a vacancy or vacancy, change in the judges of the court, or by the re-election or

re-appointment of a judge; but it must be continued, heard and determined, by the court, as constituted at the time of the hearing or determination. After a judge is out of office, he may settle a case or exceptions, or make any return of proceedings, had before him while he was in office, and may be compelled so to do, by the court in which the action or special proceeding is pending.

eto.

In NewYork, one judge may con

commenced before another.

§ 26. In the city and county of New York, a special

proceeding instituted before a judge of a court of record, or tinue pro- a proceeding commenced before a judge of the court, out

of court, in an action or special proceeding pending in a court of record, may be continued from time to time, before one or more other judges of the same court, with like effect, as if it had been instituted or commenced before the judge, who last hears the same.

Provisions respecting the seals of courts.

$ 27. The seal of the court of appeals, and of each other court of record in the State, now in use, shall continue to be the seal of the court in which it is in use: and the seal kept by the county clerk of each county, shall continue to be the seal of the supreme court, of the circuit court, of the court of oyer and terminer, in that county, and, except in the city and county of New York, of the county court and court of sessions, in that county. The seal of the surrogate of each county shall continue to be the seal of the surrogate's court of that county, and must be used as such by an officer, who discharges the duties of the surrogate. A description of each of the seals, specified in this section, must be deposited and recorded in the office of the secre.

ART. 3.

tary of State, unless it has already been done; and must remain of record.

counties.

§ 28. The seal kept by a county clerk, as prescribed in Seals of the last section, shall continue to be the seal of the county, and must be used by him where he is required to use an official seal,

§ 29. The seal of a court may be affixed, by making an What is a impression directly upon

the

paper.

sufficient sealing.

$ 30. When the seal of a court is so injured, that it can- Now not be conveniently used, the court must cause it to be destroyed; and when the seal of a court is lost or destroyed, the court must cause a new seal to be made, similar in all respects to the former seal, which shall become the seal of the court. The expense of a new seal for a county clerk, a surrogate's court, or a local court in a city, must be paid as part of the contingent expenses of the county or of the court, as the case requires. The expense of a new seal for any other court must be paid from the State treasury.

seals.

ARTICLE THIRD.

MISCELLANEOUS PROVISIONS RELATING TO THE SITTINGS OF THE COURTS. SEC. 31. Rooms, fuel, etc., how furnished.

32. No liquors, etc., to be sold in court-house.
33. Penalty.
34. Adjournment of court to a future day.
35. Adjournment of term, judge not appearing.
36. When court to be adjourned to a day certain.
37. Causes tried elsewhere than at court-house.
38. Governor may change place for holding courts of record.
39. Such appointment, etc., to be recorded and published.
40. Judge inay change place for holding court of record.
41. Actual session may be adjourned to another place.
42. Place for holding courts in city of New York, how changed.
43. When court-house is unfit to hold court, another place to be appointed.
44. No action or special proceeding abated, etc., by failure or adjournment.

of court.
45. Trial once commenced may be continued beyond term.

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