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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. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]
§ 28. Seals of counties. 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. What is a sufficient sealing. The seal of a court may be affixed, by making an impression directly upon the paper. [REPEALED BY CH. 677 OF 1892.]
§ 30. 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.
MISCELLANEOUS PROVISIONS RELATING TO THE SITTINGS OF THE COURTS.
33. Governor may change place for holding courts of record.
39. Such appointment, etc., to be recorded and published.
40. Judge may change place for holding court of record.
42. Place for holding courts in the city of New York, how changed.
43. When court-house is unfit to hold court, another place to be appointed.
44. No action or special proceeding abated, etc., by failure or adjournment of
45. Trial once commence‹ may be continued beyond term.
31. 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, and stationery, suitable and sufficient for the transaction or 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 certiffed by the court, is a county charge.
§ 32. No liquors, etc., to be sold in court-house. [AMENDED BY CH. 416 OF 1877.] Strong, spirituons, or fermented liquor, or wine, shall not, on any pretence whatever, be sold within a building established as a court house for holding courts of record, while such a court is sitting therein.
§ 33. Penalty. A person violating the last section is guilty of a misde
§ 34. Adjournment of court to a 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. Jurors may be drawn for and notified to attend 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. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]
§ 35. Adjournment of term, judge not appearing. [AMENDED BY CI. 416 OF 1877.] If a judge authorized to hold a term of a court, does not come to the place, where the term is appointed too 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 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.
§ 36. When a court to be adjourned to a day certain. [AMENDED BY CH. 416 OF 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. Causes tried elsewhere than at court-house. 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 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 stipulalation.
§ 38. 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 appoint
§ 39. Such appointment, etc., to be recorded and published. 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 expenses of the publication must be paid out of the State treasury.
$ 40. Judge may change place for holding court of record. 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, 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.
41. Actual session may be adjourned to another place. 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 an adjournment must be given as the court directs by the order. [AM'D CH. 159 OF 1891; in effect Sept. 1, 1891.]
$42. Place for holding courts in city of New York, how changed. The mayor, or, in case of his absence, or other disability, the recorder 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.
§ 43. When court-house is unfit to hold court, another place to be appointed. If the building established as a court-house in any other county 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 courthouse of the county, for the time being; and business transacted therein has the same effect, as if it was transacted at the usual place.
44. No action or special proceeding abated, etc., by failure or adjournment of court. When a term of court fails or is adjourned, or the time or place of holding the same is changed, as prescribed in this chapter, an action, special proceeding, writ, process, recognizance, or other proceeding, civil or criminal, returnable, or to be heard or tried, at that term, is not abated, discontinued, 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 originally appointed.
$45. Trial once commenced may be continued beyond term. Where the trial or hearing of an issue of fact, joined in an action or special proceeding, civil or criminal, has been commenced at a term of a court of record, it may, notwithstanding the expiration of the time appointed for the term to continue, be continued to the completion 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 a decision upon the merits.
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 act
2. Attorneys and counselors 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.
GENERAL POWERS, DUTIES, LIABILITIES, AND DISABILITIES OF JUDGES, AND OFFICERS ACTING JUDICIALLY.
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.
48. Disability of judge in certain appeals.
49. Judge or judge's partner not to practice in his court.
50. Judge's partner or clerk not to practice before him; judge not to practice in a cause which has been before him.
51. Judge not to take fees for advice in certain cases.
52. Substitution of one officer for another in special proceeding.
53. Proceedings before substituted officer.
54. Judge to file certificate of age, etc.
§ 46. Judge not to sit when he is a party, etc., or has not heard argument. 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, 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. [AM'D BY CH. 267 OF 1895. In effect April 8, 1895.]
$47. Judge not be be interested in cost. A judge shall not, directly or indirectly, be interested in the costs of an action or special proceedings, brought before him, or in a court of which he is, or is entitled to act as a member, except an action or special proceeding to which he is a party, or in which he is interested.
§ 48. Disability of judge in certain appeals. 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. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]
§ 49. Judge or judge's partner not to practice in his court. 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, thall not practice or act as an attorney or counselor, 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 the costs, or the compensation of an attorney or counsellor, in the court of which he is ex-officio a judge.
§ 50. Judge's partner or clerk not to practice before him, judge not to practice in a cause which has been before him. [AMENDED BY CH. 416 OF 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. Judge not to take fees for advice in certain cases. 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 a matter or thing; except a justice of the peace, in a case where a fee is expressly allowed to him by law.
2. Substitution of one officer for another in special proceeding. case of the death, sickness, resignation, removal from office, absence from the county, or other disability of an officer, before whom 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.
$ 53. Proceedings before substituted officer. At the time and place specified in a notice or order, for a party to appear, or for any other pro◄ ceeding 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 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 substi tution, 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 tho notice to appear before the substituted officer, as the case requires.
§ 54. Judge to file certificate of age, etc. A judge of a court of record must, within ten days after he enters on the duties of his office, make and sign a certificate, stating his age, and the time when his official term will expire, either by completion 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.
So in the original at margin of page.