15. [Omitted; see Table, p. iii.] No imprisonment for nonpayment of interlocutory costs.

But a person shall not be arrested or imprisoned, for the nonpayment of costs, awarded otherwise than by a final judgment, or a final order, made in a special proceeding instituted by State writ, except where an attorney, counsellor, or other officer of the court, is ordered to pay costs for misconduct as such, or a witness is ordered to pay costs on an attachment for non-attendance.

From L. 1847, c. 390, § 2. Am'd by L. 1877, c. 416.

§ 16. [Omitted; see Table, p. iii.] Id.; money due upon contract,

Except in a case where it is otherwise specially prescribed by law, a person shall not be arrested or imprisoned for disobedience to a judgment or order, requiring the payment of money due upon a contract, express or implied, or as damages for non-performance of a contract.'

From L. 1831, c. 30C. § 1.

17. Omitted; see Table, p. iii.] Rules of courts of record, how made and revised.

The justices assigned to the appellate division of the supreme court shall meet in convention at the capitol in the city of Albany. on the fourth Tuesday in October, 1895, and at least every second year thereafter. They must also meet from time to time at the same place whenever called together by at least ve of said justices at a time to be fixed in the said call, a copy of which shall be delivered at least one week before the time fixed to the presiding justice of each department. The convention must establish rules of practice not inconsistent with this act which shall be binding upon all the courts in this State and all the judges and justices thereof, except the court for the trial of impeachments and the court of appeals. A majority of the members of such convention shall constitute a quorum. The rules thus established are styled in this act "the general rules of practice." The convention shall have power to appoin. and remove a reporter; and must also adopt a seal for each department of the appellate division of the supreme court. A description of each of the seals specified in this section must be deposited and recorded in the office of the secretary of State and must remain of record. The expense of such seals must be paid from the State treasury.

From L. 1870, c. 408, 13. Am'd by L. 1877, c. 416; L. 1895, c. 948.

§ 18. [Omitted; see Table, p. iii.] Rules to be published.

A rule thus established, or a general rule or order of the court of appeals, does not take effect, until it has been published in the newspaper published at Albany, in which legal notices are required by law to be published, once in each week for three successive weeks.

From L. 1847, c. 470, § 4.

$ 19. [Omitted; see Table, p. iii.] Courts to order calendar printed.

The supreme court or a county court may, from time to time, by order, require the clerk to cause to be printed for the use of the members and officers thereof, the necessary copies of the

By the Tax Law, § 300, neglect or refusal to pay any tax shall not be punishable as a contempt or as misconduct; and fine and imprisonment for any such non-payment is abolished. But this rule does not apply to proceedings supplementary to execution upon judgments recovered for taxes.'

But this

calendar of causes, prepared for a term of the court. section does not apply to the city and county of New York. From L. 1862, e. 86, § 1. Am'd by L. 1895, c. 946.

20. [Omitted; see Table, p. iii.] charge.

Expense to be a county

The expense of printing the copies of the calendar for a term. shall be a charge upon the county in which the term is held; and must be audited, allowed, and paid, by the board of supervisors thereof, in like manner as other contingent county charges, except that the expense of printing the copies of the calendars for the terms of the appellate division of the supreme court which' shall be a charge upon the State and shall be audited by the comptroller and paid out of the treasury of the State.

From L. 1862, c. 86, § 1. Am'd by L. 1899, c. 523 (in effect Sept. 1, 1899). § 21. [Omitted; see Table, p. ill. Certain papers may be destroyed. The appellate division of the supreme court, in any department, may, upon petition, by order made at any term thereof direct a county clerk or a commissioner of jurors to destroy any papers or books or surplus copies of any papers or books now deposited, filed, or of record, or hereafter to be deposited, filed, or of record, in his office, which the court deems to have become useless. Provided, however, that in those counties where commissioners of records have been appointed, a copy of said petition, if for the destruction of any papers or books, or surplus copies of any papers, books or records in the office of a county clerk, shall be served upon the commissioner of records at least five days before application is made to said court. But this provision does not authorize the destruction of a judgment-roll, or a paper incorporated or necessary to be incorporated in a judgment-roll.

From 2 R. S. 198 (Part 3, c. 1, tit. 3), § 17. Am'd by L. 1895, c. 946; L. 1911, c. 275; L. 1912, c. 252; L. 1913, c. 402 (in effect April 29, 1913).

22. Writs, etc., in name of the people, and in English; abbreviations.

Except where it is otherwise specially prescribed by law, a writ or other process must be in the name of the people of the State, and each writ, process, record, pleading or other proceeding in a court, or before an officer, must be in the English language, and, unless it is oral, made out on paper or parchment, in a fair legible character, in words at length, and not abbreviated. But the proper and known 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.

From 2 R. S. 275 (Part 3, c. 3, tit. 1), §§ 8, 9.

28. Id.; teste and return.

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.

From 2 R. 8. 278 (Part 3, c. 3, tit. 2), § 9: L. 1847, c. 280, 57; 14., c. 470. § 43.

24. Id.; to be subscribed or indorsed; when errør, etc., not to vitiate.

A writ or other process, issued out of a court of record, must. 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 direction it was granted, or the attorney for the party, or the person at 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.

Id.

25. [Am'd, 1877.] No discontinuance by reason cancy, etc.

An action or special proceeding, civil or criminal, in a court of record, is not discontinued by a vacancy or change in the judges of the 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.

From 2 R. S. 277 (Part 3, c. 3, tit. 2), 2.

§ 26. [Am'd, 1890, 1910.] When one judge may continue proceedings commenced before another.

In the counties within the first and second judicial districts. a special proceeding instituted before a judge of a court of record. or a proceeding commenced before a judge of the court, out of court, in an action or special 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 effect, as if it had been instituted or commenced before the judge, who last hears the

same.

From Co. Proc., § 27. Am'd by L. 1890, c. 451; L. 1910, c. 562 (in effect Sept. 1, 1910).

27. [Omitted; see Table, p. iii.] seals of courts.

Provision respecting the

The seal of the court of appeals, and of each other court of record in the State, now in use, shall continue to be the seal of the 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, in that county, and, except in the city and county of New York, of the county court 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.

From L. 1847, c. 470, § 36. Am'd by L. 1895, c. 946 (in effect Jan. 1, 1896).

Seals of counties.

§ 28. [Omitted; see Table, p. iii.] The seal kept by a county clerk, as prescribed in the last 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.

From L. 1847, c. 470, § 36.

§ 29. [Repealed by Statutory Construction Law, L. 1892, c. 677.] This section provided how the seal of a court might be affixed. Section 43 of the General Construction Law (in Appendix I, post) contains the same provision.

§30. [Omitted; see Table, p. iii.] New seals.

When the seal of a court is so injured, that it cannot be conveniently used, the court must cause it to be destroyed; and when the 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.

From 2 R. S. 277 (Part 3, c. 3, tit. 2), § 7.

ARTICLE THIRD.

Miscellaneous provisions relating to the sittings of the courts.

Sec. 81. Rooms, fuel, etc., how furnished.

32. No liquors, etc., to be sold in court-house.

33. Penalty.

34. Trial of causes at adjourned term.

35. Adjournment of term, judge not appearing.

36. When court to be adjourned to a day certain.

87. Causes tried elsewhere than at court-house.

38. Governor may change place for holding courts of record,

39. Such pointment, 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 ap pointed.

44. No action or special proceeding abated, etc., by failure or adjourn ment of court.

45. Trial once commenced may be continued beyond term.

§ 31. [Omitted; see Table, p. iii.] Rooms, fuel, etc., how furnished. Except where other provision is made therefor by law, the board of supervisors of each county must provide each court of record, appointed to be held therein, with proper and convenient rooms and furniture, together with attendants, fuel, lights, telephone, postage and stationery suitable and sufficient for the transaction of its business. If the supervisors shall 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.

From Co. Proc.. §§ 15, 24, 28, 51. Am'd by L. 1899, c. 67; L. 1913, c. 394; L. 1915, c. 443 (in effect April 28, 1915).

32. [Omitted; see Table, p. iii.] No liquors, etc., to be sold in court-house.

Strong, spirituous, or fermented liquor, or wine, shall not, on any pretense whatever, be sold within a building established as a court-house for holding courts of record, while such a court is sitting therein.

From 2 R. S. 291 (Part 3, c. 3, tit. 2), § 95. Am'd by L. 1877, c. 416.

Penalty.

33. [Omitted; see Table, p. fil.] A person violating the last section is guilty of a misdemeanor. From 2 R. S. 291 (Part 3, c. 3, tit. 2), § 96.

34. [Am'd, 1895, 1909.] Trial of causes at adjourned term. Causes may be noticed for trial for any term of a court of record adjourned, as provided in section 7 of the Judiciary Law, as if it was held by original appointment.

From Co. Proc., § 24. Am'd by L. 1895. c. 946; L. 1909, c. 65. (See Table, p. iii, ante).

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