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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 paid from the State treasury.
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.
ment of court.
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. $ 32. Strong, spirituous, or fermented liquor, or wine, shall not, on No liquors.
etc., to be any pretence whatever, be sold within a building established as a colo court-house for holding courts of record, while such a court is sitting courttherein.
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.
ment of 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.
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 term
term, judge in the afternoon of the day so appointed, the sheriff or clerk must then pot appear. open the term, and forth with adjourn it to nine o'clock in the morning 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.
Causes tried else. where than at courthouse.
courts of record.
TITLE 1. $36. If, before four o'clock of the second day, the sheriff or the clerk When he receives from a judge, authorized to hold the term, a written direction, auljourned to adjourn the term to a future day certain, he must adjourn it accordcertain ingly, instead of adjourning it as prescribed in the last section. The
direction must be entered in the minutes as an order. i.
§ 37. The parties to an action or special proceeding, pending in a fan 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, Governor 8 38. If the Governor deems it requisite, by reason of war, pestilence, change or other public calamity, or the danger thereof, that the next ensuing place for 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. , Such ap. S 39. Such an appointment or revocation must be under the hand etc., to be
t, of the Governor, and filed in the office of the Secretary of State; it recorded must be published in such newspapers and for such time, as the lished. 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 change 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
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 ses- 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 inexother
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 42. The mayor, or, in case of his absence, or other disability, the holding
a 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, York, how 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 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 published in two or more daily newspapers, published in the city of New York.
ed to an
ART. 1. S 43. If the building established as a court-house in any other when county is destroyed, or is, for any cause, unsafe, inconvenient, or unfit court. for holding court therein, the county judge of the county may; by an untit 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 80 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.
8 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
proceedling 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.
ment of 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 e
ed may be a term of a court of record, it may, nothwithstanding the expiration of continued
beyond 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 å decision upon the merits.
Provisions of general application, relating to the judges, and certain other
officers of the curts.
officers acting judicially.
with the administration of justice ; and special provisions concerning
ARTICLE FIRST. ”
GENERAL POWERS, DUTIES, LIABILITIES, AND DISABILITIES OF JUDGES, AND OFFICERS',
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.
practice in a cause which has been before him.
§ 46. A judge shall not sit as such in, or take any part in the noce not decision of, a cause or matter to which he is a party, or in which he to sit where
dr. has been attorney or counsel, or in which he is interested, or in which he is a party, etc., or he would be excluded from being a juror, by reason of consanguinity heard ar. 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. Judge not $ 47. A judge shall not, directly or indirectly, be interested in the to be interested in 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 certain
" 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.
§ 49. A judge shall not practice or act as an attorney or counsellor, judge's
her 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 his
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
m. $ 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 in a cause cause which originated before him. A judge shall not act as attorney which has or counsellor in any action or special proceeding, which has been before fore him. him in his official character. Judge not $ 51. A judge or other judicial officer, shall not demand or receive a
es fee or other compensation, for giving his advice in a matter or thing for advice 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. S 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
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 before 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
to take fee
special proceed. mg.
substitut. ed officer.
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 officer, 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* 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. g 54. A judge of a court of record must, within ten days after he Judge to
file certifenters on the duties of his office, make and sign a certificate, stating cate of age, his age, and the time when his official term will expire, either by com- eto. pletion 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.
• ARTICLE SECOND.
ATTORNEYS AND COUNSELLORS AT LAW.
56. Examination and admission of attorneys.
81. Limitation of provisions. 8 55. A party to a civil action, who is of full age, may prosecute or Party may defend the same in person or by attorney, at his election unless he appear in
person or has been judicially declared to be incompetent to manage his affairs. by attorEach provision of this act, relating to the conduct of an action, ney. wherein the attorney for the party is mentioned, includes a party