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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, shall 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 proceeding 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 substitution, 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.
ATTORNEYS AND COUNSELLORS AT LAW.
SECTION 55. Party may appear in person or by attorney. 56. Examination and admission of attorneys.
57. Rules, how changed.
58. Exemptions to graduates or certain law schools.
59. Attorney's oath of office, and certificate of admission.
CO. Attorneys residing in adjoining States.
61. Clerks, etc., not to practice.
62. Id.; as to sheriff, etc.
63. None but attorneys to practice in New York and Kings counties.
65. Death or disability of attorney; proceedings thereupon.
66 Attorney or counsel's compensation.
67. Removal or suspension for malpractice, etc.
68. Must be on notice.
€9. Removal or suspension, how to operate.
70. Punishment for deceit, etc.
71. Id.; for willful delay of action
72. Attorney not to lend his name.
73. Attorney not to buy claim.
74. Certain loans prohibited.
76. Limitation of preceding sections.
77. Same rule when party prosecutes in persen,
78. Partner of district attorney, etc., not to defena prosecutions.
79. Attorney not to defend when he has been public prosecutor.
S1. Limitations of provisions.
$55. Farty may appear in person or by attorney. A party to a civil action, who is of full age, may prosecute or defend the same in person or by attorney, at his election, unless ho has been judicially declared to be incompetent to manage his affairs. Each provision of this act, relating to the conduct of an action, wherein the attorney for the party is mentioned, includes a party prosecuting or defending in person, unless otherwise specially prescribed therein, or unless that construction is manifestly repugnant to the context. If a party has an attorney in the action, he cannot appear to act in person, where an attorney may appear or act, either by special provision of law, or by the course and practice of the court.
56. Examination and admission of attorneys. A citizen of the State, of full age, applying to be admitted to practice as an attorney or counsellor in the courts of record of the State, must be examined and licensed to practice as herein prescribed. A State board of law examiners is hereby created, to consist of three members of the bar, of at least ten years' standing, who shall be appointed from time to time by the court of appeals, and shall hold office as a member of such board for a term of three years, except under the first appointinent, which shall be for terms of one, two and three years, respectively, until the appointment of his successor. Such court shall prescribe rules providing for a uniform system of examination which shall govern such board of law examiners in the performance of its duties and shall fix the compensation of its members. There shall be examinations of all persons applying for admission to practice as attorneys and counsellors at law at least twice in each year in each judicial department, and at such other times and places as the court of appeals may direct. Every person applying for such examination shall pay such fee, not to exceed fifteen dollars, as may be fixed by the court of appeals as necessary to cover the cost of such examination. On payment of one examination fee the applicant shall be entitled to the privilege of not exceeding three examinations. Such board shall certify to the appellate division of the supreme court, of the department in which each candidate has resided for the past six months every person who shall pass the examination, provided such person shall have in other respects complied with the rules regulating admission to practice as attorneys and counsellors, which fact shall be determined by said board before examination. Upon such certificate, if the appellate division of the supreme court shall find such person is of good moral character, it shall enter an order licensing and admitting him to practice as an attorney and counsellor in all courts of the state. Race or sex shall constitute no cause for refusing any person examination or admission to practice. Any fraudulent act or representation by an applicant in connection with his application or admission shall be sufficient cause for the revocation of his license by the appellate division of the
supreme court granting the same. Such board shall render, during the month of January, an annual account of all their receipts and disbursements, to the court of appeals. The court of appeals may make such provisions as it shall deem proper for admission of persons who have been admitted to practice in other states or countries. LAM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]
§ 57. Rules, how changed. The rules established by the court of appeals, touching the admission of attorneys and counsellors to practice in the courts of record of the state, shall not be changed or amended, except by a majority of the judges of that court. copy of each amendment to such rules must, within five days after it is adopted, be filed in the office of the secretary of state; who must transmit a printed copy thereof to the clerk of each county, and to the presiding justice of the appellate division of the supreme court, in each judicial department, and also cause the same to be published in the next ensuing volume of the session laws. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]
§ 58. Exemptions to graduates of certain law schools. Nothing contained in the last two sections prevents the court of appeals from dispen⚫ng, in the rules established by it, with the whole or any part of the stated period of clerkship required from an applicant, or with an examination, where the applicant is a graduate of the Albany Law School, the law department of Union University, or of the law department of the University of the City of New York, or of the law school of Columbia College, or of the law department of Hamilton College, or of the law school of the University of Buffalo, and the New York Law School, and produces his diploma upon his application for admission. [AM'D BY CH. 163 OF 1893.]
§ 59. Attorney's oath of office, and certificate of admission. Each person, admitted as prescribed in the last three sections, must, upon his admission, take the constitutional oath of office in open court, and subscribe the same in a roll or book, to be kept in the office of the clerk of the appellate division of the supreme court for that purpose. The clerk, upon the payment of the fees allowed by law, must deliver to the person admitted, a certificate under his hand and official seal, stating that such person has been so admitted, and that he has taken and subscribed the constitutional oath of office, as prescribed in this section. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]
§ 60. Attorneys residing in adjoining States. A person, regularly admitted to practice as attorney and counselor, in the courts of record of the State, whose office for the transaction of law business is within the State, may practice as such attorney or counselor, although he resides in an adjoining State. But service of a paper, which might be made upon him at his residence, if he was a resident of the State, may be made upon him, by depositing the paper in a post-office in the city or town where his office is located, properly inclosed in a postpaid wrapper, directed to him at his office. A service thus made is equivalent to personal service upon him.
§ 61. Clerks, etc., not to practice. The clerk, deputy-clerk, or special deputy-clerk of a court shall not, during his continuance in offic, practice as attorney or counsellor in that court.
§ 62. Id.; as to sheriff, etc. A sheriff, under-sheriff, deputy-sheriff, sheriff's clerk, constable, coroner, crier, or attendant of a court, shall not, during his continuance in office, practice as an attorney or counsellor in any
§ 63. None but attorneys to practice in New York and Kings counties. [AMENDED BY CH. 542 OF 1879.] A person shall not ask or receive, directly or indirectly, compensation for appearing as attorney in a court in the city and county of New York, or in the county of Kings, or make it a business to practice as an attorney in a court in either of those counties, unless he has been regularly admitted to practice as an attorney or counsellor in the courts of record of the State.
§ 64. Penalty for violation, or suffering violation of last section. A person who violates the last section is guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not exceeding one month, or by a fine of not less than one hundred dollars, or more than two hundred and fifty dollars, or by both such fine and imprisonment. A judge or justice of the peace, within the city and county of New York, or the county of