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.

L. 1847, ch. 3.0, § 2 (3 R. S., 5th ed., 126; 4 Edm 630).

§ 16. Id.; money due upon a 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.

L. 1831, ch. 360, § 1 (3 R. S., 5th ed., 126; 4 Edm. 465), am’d.

§ 17. [Am'd, 1895.] 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, eighteen hundred and ninetyfive, 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 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 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 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 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.

L. 1895, ch. 946.

18. 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.

L. 1847, ch. 470, § 4 (3 R. S., 5th ed., 262; 4 Edm. 582); L. 1895, ch. 946.

§ 19. [Am'd, 1895.] 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 calendar of causes, prepared for a term of the court. But this section does not apply to the city and county of New York.

L. 1895, ch. 946.

§ 20. [Am'd, 1899.] Expense to be a county charge. 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.

L. 1999, ch. 523. In effect Sept. 1, 1899.

¦ 21. [Am'd, 1895.] Certain papers may be destroyed. The appellate division of the supreme court, in any department, nay, by order made at any term thereof, direct a county clerk to destroy any of the following papers, now filed, or hereafter to be bled in his office, which the court deems to have become useks, to wit: pleadings, or copies of pleadings furnished for the e of the court; jury panels; returns of inferior courts, which Lave been embodied in judgment-records or judgment-rolls; innkeepers' licenses, ten years old; and returns of election 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 destruction of a judgment-roll, or a paper incorporated or necessary to be incorporated into a judgment-roll. L. 1995, ch. 946.

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

Except where it is otherwise specially prescribed by law, a writ er 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, less 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 bee customary; such abbreviations as are now commonly empoyed in the English language may be used; and numbers may be expressed by Arabic figures, or Roman numerals, in the customary manner.

1. S. 27, 8 and 9 (3 R. S., 5th ed., 467; 2 Edm., 285), consolidated.

23. 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 aw, 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.

JR. S. 279, 19; L. 1847, ch. 280, § 57; L 1847, ch. 470, § 43.

| 24. Id.; to be subscribed or indorsed; when error, 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 subribed 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 Passion 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.] No discontinuance by reason of vacancy, 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.

2 R. S. 277, § 2.

§ 26. In New-York, and Brooklyn, continuance of ceedings commenced before judges.

pro

In the city and county of New-York and in the county of Kings. 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. (See § 771, post.)

§ 27. [Am'd, 1895.]

courts.

Provisions respecting the seals of

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 NewYork, 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.

L. 1895, ch. 946.

§ 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.

L. 1847, ch 470, § 36.

§ 29. [Repealed, 1892, ch. 677.]

§ 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.

ARTICLE THIRD.

Miscellaneous provisions relating to the sittings of the court.

See. 31. Rooms, fuel, etc., how furnished.

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

33. Penalty.

34. Adjournment of court to a future day.

35. Adjournment of term, judge not appearing.

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

27. Canses tried elsewhere than at court-house.

38. 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.

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 adjournment of court.

45. Trial once commenced may be continued beyond term.

§ 31. [Am'd, 1899.] Rooms, fuel, etc., how furnished. 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 converent 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 daring the progress of the trial or after their retirement for deberation. If the supervisors, or said municipal assembly, shall weglect 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.

Co Proc., § 15, 28 and 51, consolidated; L. 1899, ch. 67. In effect Sept. 1, 1899.

32. [Am'd, 1877.] No liquors, etc., to be sold in courthouse.

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.

1 R. S. 261.

33.

Penalty.

A person violating the last section is guilty of a misdemeanor.

} 34. [Am'd, 1895.] 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 a 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.

§ 35. [Am'd, 1877.] Adjournment of term, judge not appearing.

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.

2 R. S. 197, § 6; and id., §§ 19, 20 and 21, consolidated and am'd.

§ 36. [Am'd, 1877.] When court to be adjourned to a day certain.

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 courthouse. 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 stipulation.

L. 1847, ch. 470, § 41. See § 239.

§ 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 NewYork, 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.

2 R. S. 290, § 87.

§ 39. Such appointment, etc., to be recorded and pub

lished.

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.

Id., § 88.

§ 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,