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88 4-6

General Provisions Relating to Courts and Judges.

Art. 2

2. Courts of special sessions of the peace in each town, and in certain cities and villages.

3. The police courts in certain cities and villages.
4. The municipal court of the city of New York.
5. The municipal court of the city of Rochester.
6. The municipal court of the city of Syracuse.
7. The municipal court of the city of Buffalo.

8. Such other local courts as are now constituted courts not of record.

Formerly Code Civil Procedure, $ 3. § 4. Sittings of courts to be public. The sittings of every court within this state shall be public, and every citizen may freely attend the same, except that in all proceedings and trials in cases for divorce, on account of adultery, seduction, abortion, rape, assault with intent to commit rape, criminal conversation, and bastardy, the court may, in its discretion, exclude therefrom all persons who are not directly interested therein, excepting jurors, witnesses, and officers of the court.

Formerly Code Civil Procedure, g 5. § 5. Courts not to sit on Sunday except in special cases. A court shall not be opened, or transact any business on Sunday, except to receive a verdict or discharge a jury. An adjournment of a court on Saturday, unless made after a cause has been committed to a jury, must be to some other day than Sunday. But this section does not prevent the exercise of the jurisdiction of a magistrate, where it is necessary to preserve the peace, or, in a criminal case, to arrest, commit or discharge a person charged with an offense, or the granting of an injunction order by a justice of the supreme court when in his judgment it is necessary to prevent irremediable injury or the service of a summons with or without a complaint if accompanied by an injunction order and an order of such justice permitting service on that day.

Formerly Code Civil Procedure, 8 6. 8 6. Adjournment of term on non-appearance of judge. 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. If, before four o'clock of the second day, the sheriff or

Art. 2

General Provisions Relating to Courts and Judges.

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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 above prescribed. The direction must be entered in the minutes as an order.

Formerly Code Civil Procedure, $$ 35, 36.

§ 7. Adjournment of term of court of record to future day. Any term of a court of record may be adjourned from day to day, or to a specified future day, by an entry in the minutes. Any judge of the court may so adjourn a term thereof, in the absence of a sufficient number of judges to hold the term.

Formerly Code Civil Procedure, $ 34 part.

§ 8. Governor may change place for holding courts of record. 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. Such an appointment or revir cation must be under the hand 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 governor directs.

Formerly Code Civil Procedure, $ 38, and part of g 39.

8 9. Change of place of holding term of court of record in case of existence of disease. If a malignant, contagious, or epidemic disease exists at the place, where a term of a court of record is appointed to be held, and the governor has ,

not appointed, under the last section, 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 in 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 there

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General Provisions Relating to Courts and Judges.

Art. 2

after the governor shall not appoint another place, for holding that term.

Formerly Code Civil Procedure, $ 40.

§ 10. Adjournment of session of term of court of record to another place because of public calamity or want of accommodation. 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. Notice of such an adjournment must be given, as the court directs by the order.

Formerly Code Civil Procedure, g 41 part.

§ 11. Changing place of holding term of court in New York city. The mayor, or, in case of his absence, or other disability, the president of the board of aldermen 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 published in two or more daily newspapers, published in the city of New York.

Formerly. Code Civil Procedure, $ 42.

§ 12. Changing place of holding court elsewhere than in Greater New York. If the building established as a court-house in any county outside of the city of New York, 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 (fect, as if it was transacted at the usual place.

Formerly Code Civil Procedure, $ 43.

Art. 2

General Provisions Relating to Courts and Judges.

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§ 13. Opinions of certain judges of courts of record to be furnished to miscellaneous reporter. It shall be the duty of every judge of a court of record, except the appellate division of the supreme court and the court of appeals, for reporting whose decision provision is made in this chapter, including every surrogate, to furnish to the miscellaneous reporter a copy of every opinion written by him when his decision is rendered, without charge.

Formerly L. 1892, ch. 598, § 1 part, as am'd by L. 1903, ch. 496,

§ 1, and L. 1906, ch. 88, § 1. § 14. Court or judge may direct the filing of original stenographic minutes with clerk. The court or a judge thereof may, in its or his discretion, upon or without an application for that purpose make an order directing the stenographer to file with the clerk, forthwith or within a specified time, the original stenographic notes taken upon a trial or hearing.

Formerly Code Civil Procedure, g 83 part. $ 15. Disqualification of judge by reason of interest or consanguinity. 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 in which he is interested, or if he is related by consanguinity, or 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, including the judge and party, and excluding the common ancestor. But a judge of the court of appeals, or a justice of the appellate division of the supreme court, shall not be disqualified from taking part in the decision of an action or special proceeding in which an insurance company is a party or is interested, by reason of his being a policyholder therein.

Formerly Code Civil Procedure, $ 46 part. 8 16. Judge of court of record not disqualified because a resident or a taxpayer. 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 taxpayer of a town, village, city, or county, interested therein.

Formerly Code Civil Procedure, 48. $ 17. Judge prohibited from practicing in his court. A judge shall not practice or act as an attorney or coun

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General Provisions Relating to Courts and Judges.

Art. 2

sellor, in a court of which he is, or is entitled to act as a member, or in a case originating in that court.

Formerly Code Civil Procedure, $ 49 part. § 18. Judge prohibited from practicing in cause which has been 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.

Formerly Code Civil Procedure, g 50 part. $ 19. Judge prohibited from taking fees for advice in matters before him. A judge 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 matter or thing; except a justice of the peace, in a case where a fee is expressly allowed to him by law.

Formerly Code Civil Procedure, $ 51. 8 20. Judge must not be interested in costs. 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.

Formerly Code Civil Procedure, 47. $ 21. Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. 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.

Formerly Code Civil Procedure, $ 49 part. 8 22. Judge other than of court of appeals or appellate division not to decide question argued during his absence. A judge other than a judge of the court of appeals, or of the appellate division of the supreme court, 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.

Formerly Code Civil Procedure, § 46 part. 8 23. Judge of court of record must file certificate of age and time of expiration of term. A judge of a court of record must, within ten days after he enters on the duties

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