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. [4m'd 1891.] If, during the actual session of a term of a court of record, the judge, or a majority of the judges, holding the 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. The court may also, in its discretion, where the parties to an action file a stipulation that the same be tried at a place within the county where said action is triable, other than the court-house, adjourn the term to such place for the trial of said action. Notice of such an adjournment must be given as the court directs by the order. $42. The mayor, or, in case of his absence, or other disability, 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 ínjury 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. § 43. If the building established as a court house in any other county is destroyed, or is, for any cause, unsafe, inconvenient, or unfit for holding court therein, the county judge of the county may, by an order filed in the office of the clerk of the county, appoint another building in the vicinity for temporarily holding courts. The building so appointed becomes the court house of the county, for the time being; 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 of holding the same is changed, as prescribed in this chapter, an action, special proceeding, writ, process, recognizance, or other proceeding, civil or criminal, returnable, or to be heard or tried, at that term, is not 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. $45. Where the trial or hearing of an 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, 23 State Rep, 799. 6 Dem. 12. 114 N.Y. 439. 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 descrip tion, attached to two or more courts. ARTICLE FIRST. GENERAL POWERS, DUTIES, LIABILITIES, AND DISABILITIES § 46. [Am'd 1883.] 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 it which he is interested, or if he is related by consanguinity o 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, inclu ding the judge and party, and excluding the common ancestor A judge, other than a judge of the court of appeals, shall no decide, or take part in the decision of a question which wa argued orally in the court, when he was not present and sit ting therein as a judge. § 47. A judge shall not, directly or indirectly, be inter ested in the costs of an action or special proceeding, brough before him, or in a court of which he is, or is entitled to act a a member, except an action or a special proceeding to which h is a party, or in which he is interested. § 48. Where an appeal has been taken to a court of ses sions, in which a town in the county is interested, a justice 0 the peace, who is a resident of that town, shall not sit as a justice of sessions, upon the hearing of the appeal. Except a specified in this section, a judge of a court of record is not dis qualified, from hearing or deciding an action or special pro ceeding, matter, or question, by reason of his being a residen or a tax-payer of a town, village, city, or county, interested therein. § 49. A judge shall not practice or act as an attorney of counsellor, in a court of which he is, or is entitled to act as a member, or in a cause originating in that court. A law partne of, or person connected in law business with a judge, shall no practice or act as an attorney or counsellor, in a court, o 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: 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 the costs, or the compensation of an attorney. or counsellor, in the court of which he is ex-officio a judge. § 50. [Am'd 1877.] 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. § 51. Ajudge 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. § 52. In case of the death, sickness, resignation, removal 34 Hun, 138, from office, absence from *ne county, or other disability of an 14 Civ. Pro officer, before whom a special proceeding has been instituted, 47. 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. § 53. At 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 substituted as prescribed in the last section, or in any other provision of law, to continue a special proceeding instituted before another, may act, with respect to the special proceeding, as if it had been originally instituted before him. But a proceeding shall not be taken before a substituted officeer, 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, either 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 [affected] 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. § 54. A judge of a court of record must, within ten days 78 N. Y. 405. after he enters on the duties of his office, make and sign a certificate, stating his age, and the time when his official 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, 139 N Y 143. ARTICLE SECOND. ATTORNEYS AND COUNSELLORS AT LAW. 255. Party may appear in person or by attorney. 56. Examination and admission 57. Rules, how changed. 59 Attorney's oath of office, and 61. Clerks, etc., not to practice. 64. Penalty for violation, or suf- 65. Death or disability of attor- 66. Attorney or counsel's com 67. Removal or suspension for 268. Must be on notice. 70. Punishment for deceit, etc. 72. Attorney not to lend his § 55. A party to a civil action, who is of full age, may prosecute 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 a 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, either by special provision of law, or by the course and practice of the court. a § 56.* [Am'd 1886, 1894.] A citizen of the state, of full age, applying to be admitted to practice as an attorney or counsellor in the courts of record of the state, must be examined and licensed to practice as herein prescribed. A state board of law examiners is hereby created, to consist of three members of the bar, of at least ten year's standing, who shall be appointed from time to time by the court of appeals, and shall hold office as a member of such board for a term of three years, except under the first appointment which shall be for terms of one, two and three years, respectively, until the appointment of his successor. Such court shall prescribe rules providing for a uniform system of examination which shall govern such board of law examiners in the performance of its duties and shall fix the compensation of its members. There shall be examinations of all per *To take effect January first, eighteen hundred and ninety-five, but the examiners may be appointed, and rules for examination adopted immediately. a sons applying for admis-ion to practice as attorneys and counselors-at law at least twice in each year in each j di inl department and at such other times and places as the court of appeals may direct. Every person applying for such examination shall ay such fee, not to exceed fifteen dollars, as may be fixed by the court of appeals as necessary to cover the cost of such examinations. On payment of one examnation fee the applicant shall be entitled to the privilege of not exceeding three examinations. Such board hall certify to the general term of the department in which each concidate has resided for the past six months every 1er on wlo shall pass the examination, provided such e son shall lave in other respects complied with the rules iegulating adn ission to practice as attorneys and counsellors, which fact sl all be det rmined by said board before examination Upon such certificate if the general term shall find that such per son is of good moral character, it shall enter an order licen sing and admitting him to practice as an attorney and counsellor in all the courts of the state. Race or sex shall constitute no cause for refusing any person examination or admission to practice. Any fraudulent act or representation by an applicant in connection with his application or admission shall be sufficient cause for the revoc tion of his license by the general term granting the same. Such board shall render during the month of January, an annual account of all their receipts and disbursements, to the court of appeals. The court of appeals may make such provisions as it shall deem proper for admission of persons who have been admitted to practice in other states or countries. § 57. The rules established by the court of appeals, touching the admission of attorneys and counsellors to practice in the courts of record of the State, shall not be changed or amended, except by a majority of the judges of that court. A copy of each amendment of those rules must, within five days after it is adopted, be filed in the office of the Secretary of State; who must transmit a printed copy thereof to the clerk of each county, and to the presiding justice of the supreme court, in each judicial department, and also cause the same to be published, in the next ensuing volume of the session laws. § 58. [Am'd 1877, 1893.] Nothing contained in the last two sections prevents the court of appeals from dispensing, in the rules established by it, with the whole or any part of the stated period of clerkship, required from an applicant, or with an examination, where the applicant is a graduate |