contingent expenses of the county or of the court, as the ese requires. The expense of a new seal for any other court must be paid from the State treasury.

ARTICLE THIRD.

MISCELLANEOUS PROVISIONS RELATING TO THE SITTINGS OF
THE COURTS.

Rep. 537 34 Hun, 599,

$ 31. Rooms, fuel, &c.; how furnished. [Am'd 1899, 16 State amendment to take effect September 1, 1899.] Except where other provision is made therefor by law, the board of supervisors of each county, and in the City of New York the municipal assembly thereof, must provide each court of record, appointed to be held therein, with proper and convenient rooms and furniture, together with attendants, fuel, lights, and stationery suitable and sufficient for the transaction of its business; and upon an order of the court, for suitable and proper food and lodging and expenses for a jury kept together either during the progress of the trial or after their retirement for deliberation. If the supervisors, or said municipal assembly, 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.

§ 32. [Am'd 1877.] Strong, spirituous, or fermented liquor, or wine. shall not, on any pretence whatever, be sold

115 N. Y. 185.

within a building established as a court-house for holding courts of record, while such a court is sitting therein.

§ 33. A person violating the last section is guilty of a mis

demeanor.

80

§ 34. [Am'd 1895, amendment to take effect January 1, 1896.] 111 N.Y.362. 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. Jurors may be drawn for and notified to attend a term 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.

29 Hun, 12.

§ 35. [Am'd 1877.] 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.

§ 36. [Am'd 1877.] If, before four o'clock of the second day, the sheriff or 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 prescribed in the last section. The direction must be entered in the minutes as an order.

§ 37. The parties to an action or special proceeding, pending in a 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 pecify 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.

§ 38. 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.

§ 39. Such an appointment or revocation 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; and the expense of the publication must be paid out of the State treasury.

§ 40. 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 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, inay, 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

erm.

§ 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 in 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 prolamation, direct that the next ensuing term of any court, ther than the court of appeals, appointed to be held in that ity, 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 Dewspapers, published in the city of New York.

$43. If the building established as a court house in any 1 App. Div other county is destroyed, or is, for any cause, unsafe, incon- 84. venient, 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 ransacted at the usual place.

44. When a term of court fails or is adjourned, or the me or place of holding the same is changed, as prescribed in his chapter, an action, special proceeding, writ, process, renizance, or other proceeding, civil or criminal, returnable, to be heard or tried, at that term, is not abated, discon tinued, 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 riginally appointed.

45. Where the trial or hearing of an issue of fact, ined in an action or special proceeding, civil or criminal, has een commenced at a term of a court of record, it may, notithstanding the expiration of the time appointed for the rm to continue, be continued to the completion thereof; cluding, if the cause is tried by a jury, all proceedings taken berein until the actual discharge of the jury; or, if it is tried y the court without a jury, until it is finally submitted for a decision upon the merits

2 1390, Consol. Act.

¿ 1390 Con

sol. Act.

23 State

Rep. 799.

6 Dem. 12. 114 N.Y. 439.

142 N. Y. 130.

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 description, attached to two or more courts.

ARTICLE FIRST.

GENERAL POWERS, DUTIES, LIABILITIES, AND DISABILITIES
OF JUDGES, AND OFFICERS ACTING JUDICIALLY.

50. Judge's partner or clerk not
to practice before him;

Judge to file certificate of age, etc.

$ 46. Judge not to sit where he is a party, etc., or has not heard argument. [Am'd 1883, 1895, 1897, amendment to take effect September 1, 1897]. 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 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. 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.

§ 47. 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.

§ 48. [Am'd 1895, amendment to take effect January 1, 1896. ] 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.

§ 49. A judge shall not practice or act as an attorney or 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 partner of, or person connected 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

§§ 50-54

JUDGES.

11

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.

47.

§ 52. Substitution of one officer for another in a spe- 34 Hun, 138 cial proceeding. [Am'd 1899, amendment to take effect Sep. 14 Civ. Pro tember 1, 1899.]-In case of the death, sickness, resignation, removal from office, absence from the county, or other disability of an officer before whom or in whose court 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, or in case such officer be disqualified, then 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; and in case such special proceeding be pending in a county court and the county judge of the county be disqualified to hear and decide the same, then in such case all further proceedings therein may be had in the county court of any adjoining county, which court shall have jurisdiction to hear, try and determine the same, and to enforce its order.