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TITLE 1.

Rooms,

nished.

$ 31. Except where other provision is made therefor by fuel, eto., law, the board of supervisors of each county must provide

each court of record, appointed to be held therein, with proper and convenient rooms and furniture, together with attendants, fuel, lights, and stationery, suitable and suffi. cient for the transaction of its business. If the supervisors neglect so to do, the court may order the sheriff to make the requisite provision; and the expense incurred by him in carrying the order into effect, when certified by the court, is a county charge.

No liquors,

sold courthouse.

32. Strong, spirituous, or fermented liquor, or wine, shall etc., to be not, on any pretence whatever, be sold within a building

established as a court-house for holding courts of record, while such a court is sitting therein.

Penalty.

$ 33. A person violating the last section is guilty of a misdemeanor.

Adjournment of day.

§ 34. A general, special, or trial term of a court of record court to may be adjourned, from day to day, or to a specified future

day, by an entry in the minutes. Jurors may be drawn for, and notified to attend a term so adjourned, and causes may

be noticed for trial thereat, as if it was held by orig. inal appointment. Any judge of the court may so adjourn a term thereof, in the absence of a sufficient number of judges to hold the term.

Adjournment of torm, judge not appearing.

$ 35. If a judge, authorized to hold a term of a court, does not come to the place where the term is appointed to be held, before four o'clock in the afternoon of the day so appointed, the sheriff or clerk must then open the term, and forthwith adjourn it to nine o'clock in the morning of the next day. If such a judge attends by four o'clock in the afternoon of the second day, he must open the term ; otherwise the sheriff or the clerk must adjourn it without day.

ART. 3. When court to

§ 36. If, before four o'clock of the second day, the sheriff or the clerk receives from a judge, authorized to found hold the term, a written direction to adjourn the term to journed a future day certain, he must adjourn it accordingly, in certain. stead of adjourning it as prescribed in the last section. The direction must be entered in the minutes as an order.

house.

§ 37. The parties to an action or special proceeding, Causes pending in a court of record, may, with the consent of the elsewhere judge who is to try or hear it, without a jury, stipulate in courtwriting, that it shall be tried or heard and determined, elsewhere than at the court-house. The stipulation must specify the place of trial or hearing, and must be filed in the office of the clerk; and the trial or hearing must be brought on upon the usual notice, unless otherwise provided in the stipulation.

place for

of

§ 38. If the governor deems it requisite, by reason of Governor war, pestilence, or other public calamity, or the danger change thereof, that the next ensuing term, or the next ensuing holding adjourned sitting, of the court of appeals, or that the next record. ensuing term of any other court of record, appointed to be held elsewhere than in the city of New York, should be held at a place, other than that where it is appointed to be held, he may, by proclamation, appoint a different place within its district, for the holding thereof: and at any time thereafter he may revoke the appointment, and appoint another place, or leave the term to be held at the place where it would have been held, but for his appointment.

etc., to be

$ 39. Such an appointment or revocation must be under Such apthe hand of the governor, and filed in the office of the ment, secretary of State; it must be published in such newspapers recorded and for such time, as the governor directs; and the expense lished. of the publication must be paid out of the State treasury.

$ 40. If a malignant, contagious, or epidemic disease Judge exists at the place, where a term of a court of record is

may change

record.

place for appointed to be held, and the governor has not appointed, holding under the last two sections, another place to hold the same,

the judge, or, if there are two or more, the chief or presiding judge, designated to hold the term, may, by order, direct the term to be held at another place, designated by him, within the district for which it is to be held. The order must be forthwith filed, in the office of the clerk of the county where the term was to be held, and published in such newspapers, and for such a time, as the judge directs therein; and thereafter the governor shall not appoint another place, for holding that term.

Actual Bession may be adjourn

place.

§ 41. If, during the actual session of a term of a court of

record, the judge, or a majority of the judges, holding the ed to au- same, deem it inexpedient, by reason of war, pestilence or

other public calamity, or the danger thereof, or for want of suitable accommodation, that the term should be continued at the place where it is then being held, the court may, by order, adjourn the term, to be held at any other time and place within its district. Notice of such an adjournment must be given, as the court directs by the order.

Place for holding

NewYork, how obanged.

§ 42. The mayor, or, in case of his absence, or other dis. courts in ability, the recorder of the city of New York, may, by

proclamation, direct that the next ensuing term of any court, other than the court of appeals, appointed to be held in that city, shall be held in any building, within the city of New-York, other than the building where the same is regularly to be held, if, in his opinion, war, pestilence, or other public calamity, or the danger thereof, or the destruction or injury of the building, or the want of suitable accommodation, renders it necessary that some other place should be selected. The proclamation must be pub. lished in two or more daily newspapers, published in the city of New York.

When courthouse is

§ 43. If the building established as a court-house in any other county is destroyed, or is, for any cause, unsafe, incon

ART. &

hold

venient, or unfit for holding court therein, the county judge of the county may, by an order filed in the office of the unfit to clerk of the county, appoint another building in the vicinity court; for temporarily holding courts. The building so appointed place to becomes the court-house of the county, for the time being ; pointed. and business transacted therein has the same effect, as if it was transacted at the usual place.

§ 44. When a term of* court fails or is adjourned, or No action the time or place of holding the same is changed, as pre-proceedscribed in this chapter, an action, special proceeding, writ, ted, etc., process, recognizance, or other proceeding, civil or criminal, or adreturnable, or to be heard or tried, at that term, is not ment of abated, discontinued, 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.

court.

$ 45. Where the trial or hearing of an issue of fact, Trial joined in an action or special proceeding, civil or criminal, menced has been commenced at a term of a court of record, it may, continued notwithstanding the expiration of the time appointed for term. 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.

* The word,“ a " omitted by error in engrossing.

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TITLE 2.

TITLE II.

Provisions of general application, relating to the judges, and

certain other officers of the courts.

ABTICLE 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 concern. ing officers of that description, attached to two or more courts.

ARTICLE FIRST.

GENERAL POWERS, DUTIES, LIABILITIES, AND DISABILITIES OF JUDGES, AND

OFFICERS ACTING JUDICIALLY.

SEC. 46. Judge not to sit where he is a party, etc., or has not heard argument.

47. Judge not to be interested in costs.
48. Disability of judge in certain appeals.
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.

Judge not to sit

§ 46. A judge shall not sit as such in, or take any part where be 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 in which he would be excluded from being a juror, by reason of consanguinity or affinity to either of the parties. A 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.

is a party, eto., or has not heard argument.

Judge not to be in

§ 47. A judge shall not, directly or indirectly, be interterested ested 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

in costs.

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