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131.

265.

not so committed, the party charged must be notified of the

accusation, and have a reasonable time to make a defence. 7 Daly 74. $ 11. Where a person is committed for such a contempt, 81 Hup, 352. the particular circumstances of his offence must be set forth 91 N. Y. 235. in the mandate of commitment. 117 N.Y. 290.

$ 12. The last four sections do not extend to a special proceeding to punish a person, in a case specified in section four.

teen of this act. 133 X Y.214. $ 13. Punishment for a contempt, as prescribed in this ar

ticle, does not bar an indictment for the same offence; but where a person who has been so punished is convicted on such an indictment, the court, in sentencing him, must take into

consideration the previous punishment. 87 N. Y. 521. $ 14. A court of record has power to punish, by fine and im3.N. Y. Supp. prisonment, or either, a neglect or violation of duty, or other 4 Civ. Pro.

misconduct, by which a right or remedy of a party to a civil

action or special proceeding, pending in the court may be de113 N. Y. 176. feated, impaired, impeded, or prejudiced, in either of the fol116 N. Y. 131. lowing cases: 18 App. Div. 158. 137 N.Y. 602. 1. An attorney, counsellor, clerk, sheriff, coroner, or other 88 Hun, 126.

person, in any manner duly selected or appointed to perform

a judicial or ministerial service, for a misbehavior in his office 17 Misc, 212. or trust, or for a wilful neglect'or violation of a duty therein ;

or for disobedience to a lawful mandate of the court, or of a judge thereof, or of an officer authorized to perform the duties

of such a judge. 148 N.Y. 696.

2. A party to the action or special proceeding, for putting 22 App. Div. in fictitious bail or a fictitious surety, or for any deceit or 87.

abuse of a mandate or proceeding of the court. 4 Civ Pro. 3. A party to the action or special proceeding, an attorney, 148.

counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution cannot be awarded for the collection of such sum; or for any other disobedience to a lawful man

date of the court. 113 N. Y. 476.

4. A person, for assuming to be an attorney or counsellor, or other officer of the court, and acting as such without authority; for rescuing any property or person in the custody of an officer, by virtue of a mandate of the court; for unlawfully detaining, or fraudulently and willfully preventing, or disabling from attending or testifying, a witness or a party to the action or special proceeding, while going to, remaining at, or returning from, the sitting where it is noticed for trial or hearing; and for any other unlawful interference with the proceed

ings therein. 2 1174 Con- 5. A person subpoenaed as a witness, for refusing or neglect

ing to obey the subpæna, or to attend, or to be sworn, or to answer as a witness.

6. A person duly notified to attend as a juror, at a term of the court, for improperly conversing with a party to an action or special proceeding, to be tried at that term, or with any other person, in relation to the merits of that action or special proceeding; or for receiving a communication from any person, in relation to the merits of such an action or special proceeding, without immediately disclosing the same to the court.

7. An inferior magistrate, or a judge or other officer of an inferior court, for proceeding, contrary to law, in a cause or matter, which has been removed from his jurisdiction to the

sol. Act.

court inflicting the punishment; or for disobedience to a lawful order or other mandate of the latter court.

8. In any other case, where an attachment or any other 144 N. Y. 251, proceeding to punish for a contempt, has been usually 144 N Y. 249. ailopted and practiced in a court of record, to enforce a civil remedy of a j arty to an action or special proceeding in that court, or to protect the right of a party.

148.
1 Dem, 349,

2 15. [ Am'd 1877.] But a person shall not be arrested or 4 Civ. Pro. imprisoned, for the non-payment of costs, awarded other. wise than by a final judgment, or a final order, made in a

154 N. Y, 115, 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.

$ 16. Except in a case where it is otherwise specially pre. 30 Abb. N.C. scribed by law, a person shall not be arrested or imprisoned 33, 280. 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.

§ 17. (Am'd 1877, 1895.) The justices assigned to the 79 N. Y. 582. appellate division vf the supreme court shall meet in conven. 30 Hun, 628. tion at the capitol in the city of Albany, on the fourth Tuesduy in October, eighteen hundred and ninety.five, and at least every second year ihereafter. They niust also meet from time to time at the same place whenever called together by at least five 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 ihe presiding justice of each department. The convention must establish rules of practice not inconsistent with this act wbich shall be binding upon all the courts in this State and all the judges and justices thereof, excopt tbe court for the trial of impeachments and the court of appeals. A majority of the mombers of such con. vention shall constitute

quorum.

The rules thus established are styled in this act “the general rules of prac

The convention shall have power to appoint and remove a reporter; and must also adopt a seal for each department of the appellate division of the supreme court. A description of euch of the seals specified in this section must bo 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.

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$ 18. A rule thus established, or a general or order of the court of appeals, does not take offect, unwf"it has been published in the newspaper published at Albany,* in which legal notices are required by law to be published, once in oach week for three successive weeks.

$ 19. [ Am’d 1895, amendment to take effect January 1, 1896.) 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 calendar of causes, prepared for a term of the court. But this section does not apply to the city and county of New York.

§ 20. Expense of Printing Conrt Calendars, [Am'd 1899, amendment to take effect September 1, 1899.) 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.

$ 21, [Am'd 1895, amendment to take effect January 1, 1896. ] The appellate division of the supreme court, in any department, may, by order made at any term thereof, direct a county clerk to destroy any of the following papers now filed, or hereafter to be filed in his office, which the court deems to have become useless, to wit: Plea iings, or copies of pleadings furnished for the use of the court; jury panels ; returns of inferior courts, which have been embodied in judgment records or judgment rolls ; innkeepers' licenses, ten years old; and returns of el-ction district canvassers, twenty years old, which have been copied pursuant to law, into books preserved in his office. But this provision does not authorize the destrnction of a judgment-roll, or a paper incorporated or necessary to be incorporated into a judg. ment-roll.

* See L. 1884 c 133 repealing acts providing for a State paper.

$ 22. Except where it is otherwise specially prescribe ny 98 N. Y. 511. law, a writ or other process must be in the name of the people A8 N. Y. 611. 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 appro priate la nguage, 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.

Y. 260.

$ 23. A writ or other process, issued out of a court of re. 146 cord, 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,

$ 24. A writ or other process, issued out of a court of re. 47 Super.Ct. cord, must, before the delivery thereof to an officer to be (J. & S.) 269. executed, be subscribed or indorsed with the name of the of. i7 Week. ficer by whom, or by whose direction it was granted, or the 88 N. Y. 611.

Dig. 503. 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.

$ 25. ( Am'd 1877.] An action or special proceeding, civil 139 N.Y. 140. or criminal, in a court of record, is not discontinued by a vacancy or change in the judges of the court, or by the reelection 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.

139 N.Y. 140.

$ 1076, Con- $ 26. [Am'd 1890.) In the city and county of New York, sol. Act. and in the county of Kings, a special proceeding instituted 90 N. Y. 621. before a judge of a court of record or a proceeding commen

ced 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.

$ 27. [Am'd 1895, amendment to take effect January 1, 1896.] The stal 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 surrognte of each county shall continue to be the seal of the surrounte's court of that county, and niusť be used as such by an officer who discl arges 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 bas already been done; and must remain of record.

$ 28. 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.

$ 29. [Repealed by Statutory Construction Law. L. 1892, c. 677.)

230. When the seal of a court is so injured, that it can. not 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 causer new se il 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

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