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TITLE I.

and return.

or in. dorsed. When er

tinuance

etc.

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 employed in the English language may be used; and numbers may be expressed by Arabic figures, or

Roman numerals, in the customary manner. Id. ; teste § 23. A writ or other process, issued out of a court of 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. Id. ; to be § 24. A writ or other process, issued out of a court of record, must, subscribed

before the delivery thereof to an officer to be executed, be subscribed

or indorsed with the name of the officer by whom, or by whose direcror, etc., tion it was granted, or the attorney for the party, or the person at not to víti. whose instance it was 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. No discon. 8 25. An action or special proceeding, civil or criminal, in a court of by reason record, is not discontinued by a vacancy or change in the judges of the of vacancy, 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.

26. In the city and county of New York, a special proceeding York, mng instituted before å judge of a court of record, or a proceeding comcontinue menced before a judge of the court, out of court, in an action or special proceed. ings com 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 another. effect, as if it had been instituted or commenced before the judge, who

last hears the same. Provisions $ 27. The seal of the court of appeals, and of each other court of respecting, record in the State, now in use, shall continue to be the seal of the courts. 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 Secretary of State, unless it has already been done; and must remain of

record. Seals of § 28. The seal kept by a county clerk, as prescribed in the last counties.

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. What is a 8 29. The seal of a court may be affixed, by making an impression sufficient sealing. directly upon the paper.

. New seals. 8 30. When the seal of a court is so injured, that it cannot be con

veniently used, the court must cause it to be destroyed; and when the

In New

menced before

ART. 3.

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 aid from the State treasury.

ARTICLE THIRD.

MISCELLANEOUS PROVISIONS RELATING TO THE SITTINGS OF THE COURTS.

SECTION 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 to next day, judge not appearing.
36. When court to be adjourned without day.
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 may 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 adjourn-

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

house,

g 31. Except where other provision is made therefor by law, the Rooms, board of supervisors of each county must provide each court of fuel, eto.. record, appointed to be held therein, with proper and convenient rooms nished. and furniture, together with attendants, fuel, lights, and stationery, suitable and sufficient 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.

8 32. Strong, spirituous, or fermented liquor, or wine, shall not, on No liquors, any pretence whatever, be sold within a building established as a team to be court-house for holding courts of record, while such a court is sitting court. therein.

8 33. A person violating the last section is guilty of a misdemeanor. Penalty. $ 34. A general, special, or trial term of a court of record may be adjourn. adjourned, from day to day, or to a specified future day, by an entry court to a in the minutes. Jurors may be drawn for, and notified to attend a future day. term so adjourned, and causes may be noticed for trial thereat, as if it was held by original 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.

8 35. If a judge, authorized to hold a term of a court, does not come Adjourn. to the place, where the term is appointed to be held, before four o'clock

next day, in the afternoon of the day so appointed, the sheriff or clerk must then judge not open the term, and forth with adjourn it to nine o'clock in the morning

appearing of the next day. If such a judge attend 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.

ment to

TITLE 1.

Causes tried elsewhere than at courthouse.

Governor may change place for holding courts of record.

Such ap

recorded

lished.

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

8 37. The parties to an action or special proceeding, pending in a court of record, may, with the consent of the judge who is to try or hear it, without a jury, stipulate in writing, 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.

38. If the Governor deems it requisite, by reason of war, pestilence, or other public calamity, or the danger thereof, that the next ensuing term, or the next ensuing adjourned sitting, of the court of appeals, or that the next 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.

§ 39. Such an appointment or revocation must be under the hand

, etc., to be of the Governor, and filed in the office of the Secretary of State; it

must be published in such newspapers and for such time, as the and pub

Governor directs; and the expense of the publication must be paid out

of the State treasury.
Judge may $ 40. If a malignant, contagious, or epidemic disease exists at the
place for place, where a term of a court of record is appointed to be held, and
holding the Governor has not appointed, under the last two sections, another
record. 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.

§ 41. If, during the actual session of a term of a court of record, the be adjourn. judge, or a majority of the judges, holding the same, deem it inexed to an.

pedient, by reason of war, pestilence or other public calamity, or the place. 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 g 42. The mayor, or, in case of his absence, or other disability, the
holding

recorder of the city of New York, may, by proclamation, direct that city of New the next ensuing term of any court, other than the court of appeals, changed." 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 ca-
lamity, 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 published
in two or more daily newspapers, published in the city of New York.

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ART. 1. When

S 43. If the building established as a court-house in any other county is destroyed, or is, for any cause, unsafe, inconvenient, or unfit courtfor holding court therein, the county judge of the county may, by an uult to order filed in the office of the clerk of the county, appoint another hold.court, building in the vicinity for temporarily holding courts. The building place to be so appointed becomes the court-house of the county, for the time being;

appointed. 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 the time or place No action of holding the same is changed, as prescribed in this chapter, an proceeding action, special proceeding, writ, process, recognizance, or other pro- abated, ceeding, civil or criminal, returnable, or to be heard or tried, at that failure or term, is not abated, discontinued, or rendered void thereby; but all adjourn. persons are bound to appear, and all proceedings must be had, at the court.

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.

§ 45. Where the trial or hearing of an issue of fact, joined in an Trial once action or special proceeding, civil or criminal, has been commenced at a term of a court of record, it may, nothwithstanding the expiration of continued the time appointed for the term to continne, be continued to the com- term. pletion 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.

commenced may be

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, attached to two or more courts.

ARTICLE FIRST.
GENERAL POWERS, Duties, LIABILITIES, AND DISABILITIES OF JUDGES, AND OFFICERS

ACTING JUDICIALLY.

SECTION 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. § 46. A judge shall not sit as such in, or take any part in the Judge not decision of, a cause or matter to which he is a party, or in which he to sit where

TITLE 2.

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he is a par. has been attorney or counsel, or in which he is interested, or in which ty, etc., or 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 gument. 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.
Judge not $ 47. 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.
Disability $ 48. Where an appeal has been taken to a court of sessions, in
of judge in

which a town in the county is interested, a justice of the peace, who is appeals. a resident of that town, shall not sit as a justice of sessions, upon the

hearing of the appeal. Except as specified in this section, 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 a tax-payer of a town, village, city, or county, interested

therein.
Judge or § 49. A judge shall not practice or act as an attorney or couusellor,
judge's
partner not in a court of which he is, or is entitled to act as a member, or in a
to practice cause originating in that court. A law partner of, or person connected

in law business 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 originating 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.

An ex-officio judge shall not, directly or indirectly, be interested in
Judge's the costs, or the compensation of an attorney or counsellor, in the court
clerk not to of which he is ex-officio a judge.
practice
before him,

$ 50. The law partner or clerk of a judge shall not practice before judge not him, as attorney or counsellor in any cause, or be employed in any to practice

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.
Judge not $ 51. A judge or other judicial officer, shall not demand or receive a
to take fees fee or other compensation, for giving his advice in a matter or thing
in certain 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.
Substitu- $ 52. In case of the death, sickness, resignation, removal from office,
tion of one absence from the county, or other disability of an officer, before whom
another in a special proceeding has been instituted, where no express provision is
special
proceed. 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.
Proceed. $ 53. At the time and place specified in a notice or order, for a party
ings hefore to appear, or for any other proceeding to be taken, or at the time and
ed utlicer. place specified in the notice to be given, as prescribed in this section,

the officer substituted as prescribed in the last section, or in any other
provision of law, to continue a special proceeding instituted before

partner or

in a cause which has been be. tore him.

cases.

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