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. 1931, ch. 300, 31 (3 R. S., 5th ed., 126; 4 Edm. 465), am'd.

17. [Amended, 1877.] Rules of courts of record, how made and revised. The general term justices of the supreme court, and the chief judges of the superior city courts, must meet in convention, at the capitol, in the city of Albany, on the first Wednesday of October, 1877, and every second year thereafter. The convention must establish rules of practice, not inconsistent with this act, which shall be binding upon all courts of record, except the court for the trial of impeachments and the court of appeals. A majority of the members of the convention constitute a quorum. The rules thus established are styled in this act, the general rules of practice ".

66

L. 1979, ch. 408, 13 (7 Edm. 731), am'd. Rice v. Ehele, 55 N. Y. 51: s. c., 46 How. 115; Lakey v. Cogswell, 3 Code R. 116; Miller e. Stetther. 7 Bosw. 692; s. c., 22 How. 518; Clark v. Brooks, 26 id. 285; Havemay re. Ingersoll, 12 Abb. N. 8. 301; Battershall v. Davis, 23 How. 383; Master of livingston, 31 N. Y. 555; 1 Wait's Pr. 461.

$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).

19. Courts to order calendar printed.—The supreme court, a superlor city 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, or, in the supreme court, for the circuit court. But this section does not apply to the city and county of New-York.

L. 1862, ch. 86, § 1 (4 Edm. 542), am'd.

20. 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.

Id., 12.

A superior

21. Certain papers may be destroyed. city court may, from time to time, by an order made at general term, direct the clerk of the court, and the supreme court, at general term, may, by a like order, 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: pleadings, 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 judgmentrolls; inn-keepers' 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 raper incorporated or necessary to be incorporated into a judgment-roll.

2 R. S. 198, 17 (3 R. S., 5th ed., 292; 2 Edm. 207), modified.

22. Writs, etc., in name of the people, and in English; abbreviations. Except where it is otherwise specially prescribed by law, a writ or 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, 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 appropriate language, 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.

2 R. S. 275, 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 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.

2 R. S. 279. 9; L. 1847, ch. 280, 57; L. 1847, ch. 470, 43. Bunn . Thomas, 2 Johns. 190; Burk v. Barnard, 4 id. 309; Jackson v. Crane, 1 Cow. 35; Cramer . Van Alstyne, 9 Johns. 386; Anonymous, 16 id. 1; Soan . Wattles, 13 id. 158; Sullivan v. Alexander, 15 id. 3; Lynch v. Mechanics' Bank, 13 id. 127: Hayward . Hoyt, 9 Wend. 481; Griswold r. Sedgwick, 6 Cow. 456; Renaud v. O'Brien, 35 N. Y. 99.

$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 subscribed 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 omission in the teste thereof, or in the name of the clerk, unless it was issued by special order of the court.

Id. Millett v. Baker, 42 Barb. 215; Anonymous, 16 Johns. 1; Churchill . Marsh, 2 Abb. 219; Jackson v. Brown, 4 Cow. 550; People v. Dunning, 1 Wend. 16.

§ 25. [Amended, 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 com. pelled so to do, by the court in which the action or special proceeding is pending.

2 R. S. 277,2.

26. In New-York, one judge may continue proceedings commenced before another. In the city and county of New-York, 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 rec

ord, 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.

Co. Proc., part of 3 27. Dresser v. Van Pelt, 15 How. 19.

27. Provisions respecting the seals of courts.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, of the circuit court, of the court of oyer and terminer, in that county, and, except in the city and county of New-York, of the county court and court of sessions, 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. 1847, ch. 250, 72, am`d.

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. What is a sufficient sealing. The seal of a court may be affixed, by making an impression directly upon the paper.

2 R. S. 276; see, also, 2 R. S. 404, 361. Farmers, etc., Bank v. Halght, 3 Hill, 493; Bank e. Gray, 2 id. 227; Ross v. Bedell, 5 Duer, 462; Leavitt v. Blatchford, 17 N. Y. 521.

$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. 2R. 8. 277, 37, am'd.

ARTICLE THIRD.

MISCELLANEOUS PROVISIONS RELATING TO THE SITTINGS OF THE COURTS.

Sec. 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.

36. When court to be adjourned to a day certain,

37. Causes 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
appointed.

44. No action or special proceeding abated, etc., by failure or ad-
journment of court.

45. Trial once commenced 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 of its business. It 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 certified by the court, is a county charge.

Co. Proc., 15, 28, and 51, consolidated.

§32. [Amended, 1877.] No liquors, etc., to be sold in court-house. Strong, spirituous, 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.

2 B. S. 291.

$33. Penalty.-A person violating the last section is guilty of a misdemeanor.

Id., 196.