may their presiding justice of that department is absent, or disqualified from Justices acting; and an associate justice may act as such, at a general term act out of held in another department, in place of an associate justice of that depart department, who is in like manner absent or disqualified. The provision relating to a presiding justice is new. That relating to an associate justice is from the Laws of 1870, ch. 408, § 6; 7 Edm. St. 729. ments. and holding terms; pointed. § 225. [Amended, 1877.] On or before the first day of Decem- Times ber, in the year eighteen hundred and seventy-eight, and each second places of year thereafter, the general term justices in each judicial department, general or a majority of them, must appoint the times and places for hold- how aping the general terms of the supreme court, within their judicial department, for two years from the first day of January, of the year then next following. They must so designate at least one general term in each year, to be held in each of the judicial districts composing the department. Laws of 1871, ch. 766, § 1, and part by Laws of 1872, ch. 778; 9 Edm. St. of § 3; 9 Edm. St. 202; as amended 477, and by Laws of 1875, ch. 167. ment to lished. § 226. An appointment so made must be signed by the justices Appointmaking it, and filed, on or before the fifteenth day of December of be pubthe same year, in the office of the secretary of State; who must immediately thereafter publish a copy thereof in the newspaper printed at Albany, in which legal notices are required to be published, at least once in each week, for four successive weeks. The expense of the publication is payable out of the treasury of the State. amended by the same statutes mentioned in note to preceding section. Laws of 1871, ch. 766, § 2, and remainder of § 3; 9 Edm. St. 202; as ment may or filled § 227. If an appointment of general terms is not made or filed, Appointbefore the expiration of the time specified therefor in the last two be made sections, it may be made or filed at the earliest convenient time after the thereafter; and the terms appointed thereby may be held pursuant time. to the same, after it has been published for the length of time, prescribed in the last section. New provision. prescribed associate preside, to. § 228. If a presiding justice is not present, at the time and place when appointed for holding a general term, the associate justice present, justice to having the shortest time to serve, or, if two are present, who have the same time to serve, the elder of them, must act as presiding jus tice, until a presiding justice attends. If only one general term justice is present, he may select one or two justices of the supreme court, to hold with him the general term, until two general term justices attend. Laws of 1870, ch. 408, § 4; 7 Edm. St. 729, amended. § 229 stricken out by Laws of 1877, ch. 416. § 230. A general term may be held by two justices; and the concurrence of two justices is necessary to pronounce a decision. If two do not concur, a re-argument must be ordered. Laws of 1870, ch. 408, § 6; 7 Edm. St. 729, amended. See 1 Wait's Pr. 316; Wait's Code, 44, 45. $231. Where an order for a re-argument has been made, as prescribed in the last section, and one of the general term justices of that judicial department is not qualified to sit in the cause, the order directing the re-argument may, in the discretion of the general term, direct it to take place, and the cause to be decided, in another judicial department, specified in the order. And where two of the general term justices, in a department, are not qualified to sit in a cause, to be heard at the general term of that department, an order may be made, upon notice, by the other general term justice, or at a special term of the court held in that department, directing that the cause be heard and decided in another judicial department, specified in the order. But this section does not prevent the cause from being heard and decided, in the same judicial department, by two qualified justices, if an order, directing the same to be heard and decided in another department, has not been made. Laws of 1870, ch. 408; 7 Edm. St. 729, 730; portions of §§ 6 and 10, consolidated; and amended by the addi tion of the last sentence to conform with the ruling in the Matter of Broadway Widening, 63 Barb. 572. § 232. On or before the first day of December, in the year eighteen hundred and seventy-seven, and every second year thereafter, the justices of the supreme court, for each judicial department, or a majority of them, must appoint the times and places for holding the special terms of the supreme court, and terms of the circuit courts and courts of oyer and terminer, within their department, for two years from the first day of January of the year next following. If, for any reason, such an appointment is not made before the expiration of the time so specified, it must be made at the earliest convenient time thereafter. At least one special term of the supreme court, and two terms of the circuit court, and of the court of oyer and terminer, must be appointed to be held in each year, in each county separately organized. Two or more terms of the circuit court may be appointed to be held, and may be held, at the same time, in the city and county of New-York. Laws of 1870, ch. 408; 7 Edm. St. 729, §7; 2 R. S. 210; Code Pro., § 20; Laws of 1852, ch. 374, § 5; 4 Edm. St. 540. See Wait's Code, 45, and notes tion of ments. § 233. An appointment so made must be signed by the justices Publicamaking it, and immediately filed in the office of the secretary of appointState, who must publish a copy thereof in the newspaper, printed at Albany, in which legal notices are required to be published, at least once in each week, for three successive weeks before the holding of a term in pursuance thereof. The expense of the publication is payable out of the treasury of the State. Code Pro., § 25. may extraor terms; to hold § 234. The governor may, when, in his opinion, the public interest Governor so requires, appoint one or more extraordinary general or special appoint terms of the supreme court, or terms of a circuit court, or court of dinary oyer and terminer. He must designate the time and place of hold- Justices ing the same, and name the justice who shall hold, or preside at each them. term, except a general term; and he must give notice of the appointment, in such manner as, in his judgment, the public interest requires. Laws of 1870, ch. 408; 7 Edm. St. 731, § 14. powers and duties of justices. § 235. Any justice of the supreme court has power to sit at a General general term, or to hold a special term of the supreme court, or a term of the circuit court, or to preside at a term of the court of oyer and terminer, for the whole or any portion of the term; and to act upon any business, which regularly comes before the term in which he is sitting; except where he is personally disqualified from sitting, in a particular action or special proceeding. Each justice must, at all reasonable times, when not engaged in holding court, transact such judicial business as may be done out of court. The first sentence is from 2 R. S. 211, § 14. It also covers § 26, Code Pro. The second sentence is a part of § 27, Code Pro. See Wait's Code, may in New York city, judge of § 236. The governor may, when, in his opinion, the public inter- Governor est so requires, designate one or more judges of the superior court appoint of the city of New-York, or of the court of common pleas for the city and county of New-York, to hold terms of the circuit court, and special terms of the supreme court, in that city. The designation to hold must be in writing, and must specify each term, and the judge desig other court terms. Governor to desig nated to hold the same. A case or exceptions, in a cause tried at such a term, must be settled before the judge who held the same. Laws of 1870, ch. 408; 7 Edm. St. 730, § 8, amended. § 237. If a general or special term of the supreme court, or a nate jus- term of the circuit court, or court of oyer and terminer, duly tices to hold courts in certain cases. Place of holding appointed, is in danger of failing, the governor may designate one or more justices of the supreme court, as the case requires, to preside at the term of the court of oyer and terminer, or to hold the term of the supreme court, or circuit court, in the absence of the justice or justices appointed to preside at or hold the same. Laws of 1850, ch. 1, § 1; 4 Edm. St. 538, amended by adding the last clause. § 238. The place appointed within each county, for holding a the terms. special term of the supreme court, at which issues of fact are triable, or a term of the circuit court, or court of oyer and terminer, must be that designated by statute, for holding the county or circuit court. Special terms adjourned to chambers; trials thereat. Judges of superior court of Buffalo A portion of § 24, Code Pro., omitting the words "general and," before "special terms." See Wait's Code, 46. § 239. A special term of the supreme court may be adjourned to a future day, and to the chambers of any justice of the court, residing within the judicial district, by an entry in the minutes; and then adjourned from time to time, as the justice holding the same directs. An action triable by the court, without a jury, which was upon the calendar of the term before it was adjourned, may be tried at a term so adjourned, and held at chambers, by consent of both parties, but not otherwise. In that case, the attendance of the clerk, the sheriff, the crier, or a constable, is not required, unless the justice directs one or more of those officers to attend. The first sentence of this section is also from § 24, Code Pro. See Wait's Code, 47. This provision was drawn and prepared for the purpose, among others, of enabling judges to hear equity causes at their chambers. First National Bank of Rondout v. Hamilton, 50 How. 116, 121. It does not authorize the transfer of the trial of a local action to another county, but was in tended simply to facilitate the transaction of such business as might have been done in the county to which the term was adjourned. Gould v. Bennett, 49 How. 57; 8. C., 59 N. Y. (14 Sick.) 124. The second sentence is new, being framed in accordance with the ruling in Birmingham Iron Foundry v. Hatfield, 43 N. Y. (4 Hand) 224. § 240. Each judge of the superior court of Buffalo may, within that city, make an order in an action or special proceeding, pending may make in the supreme court, which a justice of the supreme court may orders. make, out of court. Laws of 1875, ch. 366. What duties of § 241. A judge of a superior city court, within his city, and a judges county judge, within his county, possesses, and upon proper appli- may per cation must exercise, the power conferred by law, in general language, upon an officer authorized to perform the duties of a justice of the chambers. supreme court at chambers, or out of court. Code Pro., § 403; 2 R. S. 290, §§ 18 and 19. See Wait's Code, 767; Hathaway v. Warren, 44 How. 161; Middle town v. Rondout, etc., R. R. Co., 43 id. tice at required general Sheriff's § 242. [Amended, 1877.] A general term must be attended by Officers the sheriff of the county in which it is held, his under-sheriff, or one to attend of his deputies; by two constables or police officers, notified by the term. sheriff; by a crier for courts within the county; and by the county duty. clerk, or his deputy, or special deputy; all of whom must act under the direction of the court, or of the presiding justice. The sheriff of the county must cause the room in which the general term is held to be properly heated, ventilated, lighted, and kept comfortably clean and in order. The court may enforce the performance of that duty by the sheriff. The sheriff must also provide the court with all necessary stationery, upon the written requisition of the court or of the justice presiding at the term. Laws of 1870, ch. 408, § 11; 7 Edm. St. 730. of such how paid. $243. The fees of a crier, a sheriff, a constable, or a police officer, Fees for attending a general term, and all expenses incurred by a sheriff, officers; in obedience to the last section, must be audited by the comptroller, and paid out of the treasury of the State. The fees and proper charges of the clerk, for services rendered at or preparatory to a general term, and not legally chargeable to an attorney or a party, are a county charge. Laws of 1870, ch. 408, § 12; 7 Edm. St. 730. ARTICLE SECOND. THE SUPREME COURT REPORTER. SEC. 244. Designation of supreme court reporter. 246. Meeting for appointment. 247. Special meeting for appointment or removal. 248. Papers and opinions to be furnished to the reporter. $244. The reporter of the decisions of the supreme court is Designastyled the supreme court reporter; and each provision of a statute, supreme tion of |