§ 34. Adjournment of court to a future day. - A general, special, or trial 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.

Co. Proc., third sentence of 24 am'd. Fisher v. Hepburn, 48 N. Y. 41.

§ 35. [Amended, 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 forth with 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. [Added, 1877.] When a 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.

New.

§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 stipulation.

L. 1847, ch. 470, 41. Kelly . Thayer, 34 How. 163.

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 proc lamation, 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, 187.

$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 expense of the publication must be paid out of the State treasury.

Id., 2 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, 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 news. papers, and for such a time, as the judge directs therein; and thereafter the governor shall not appoint another place, for holding that term.

L. 1866, ch. 174, § 1 (6 Edm. 705).

$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. Notice of such an adjournment must be given, as the court directs by the order.

L. 1833, ch. 159, first clause of 25 (4 Edm. 532); and L. 1866, ch. 174, @ 2 (6 m. 705); consolidated and am'd.

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 NewYork, 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.

2 R. S. 290, 22 89 and 90, consolidated.

$43. When court-house is unfit to hold court, another place to be appointed. — If the building estab lished 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 court-house of the county, for the time being; and business transacted therein has the same effect, as if it was transacted at the usual place.

Id., 22 93 and 94, consolidated.

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,

The word "a" omitted by error in engrossing.

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.

2 R. S. 204, 22; 2 R. S. 277, 3, 5 and 6; 2 R. S. 291, 91; L. 1833, ch. 159,3 (4 Eim. 532); L. 1847, ch. 250, 2 25 (4 Edm. 561); L. 1866, ch. 174, 13 (6 Elm. 706).

$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.

L. 1875, ch. 3, 1, am'd. This section will supersede L. 1816, ch. 2; and L. 1839, ch. 205, 21 (5 Edm. 248). Lowenberg . The People, 27 N. Y 336; s. c., 26 How. 2012; Ferris v. People, 31 id. 140.

TITLE II.

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 acting judicially.

2. Attorneys and counsellors 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.

ARTICLE FIRST.

GENERAL POWERS, DUTIES, LIABILITIES, AND DISABIL ITIES OF JUDGES AND OFFICERS ACTING JUDICIALLY.

Sec. 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.

SEC. 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.

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46. Judge not to sit where 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 in which he would be excluded from being a juror, by rea son of consanguinity or affinity to either of the parties.(1) 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.(2)

2 R. S. 275, 2; L. 1847, ch. 250, 81 (4 Edm. 580); L. 1850, ch. 41, 12 (4 Edm. 39); consolidated. (1) Foote v. Stiles, 57 N. Y. 399; Chambers e. Clearwater, 1 Abb. Ct. App. Dec. 311; Oakley e. Aspinwall, 3 N. Y. 547; see Foot v. Morgan, 1 Hill, 654; Cain v. Ingham, 7 Cow. 478, and note; Edwards v. Russel, 21 Wend. 63; People v. Wheeler, 21 N. Y. 82; Palmer v. Lawrence, 5 id. 389; People v. Edmonds, 15 Barb. 529; Brown e. Brown, 2 E. D. Smith, 153; Carman v. Newell, 1 Denio, 25; Higbe v. Leonard, id. 186; Post v. Black, 5 id. 66; Washington Ins. Co. v. Price, Hopk. Ch. 1; N. Y. & N. H. R. R. Co. v. Schuyler, 23 How. 187; see Hall. Thayer, 7 Am. Rep. 513; M'Laren v. Charrier, 5 Paige, 530, (2) Corning v. Slosson, 16 N. Y. 294; Chamberlain v. Dempsey, 36 id. 144; Parrott v. Knickerbocker Ice Co., 1 Sw. 533; s. c., 38 How. 508; People v. Shaw, 63 N. Y. 36; affirming 5 T. & C. 439.

47. Judge not to be interested in costs. A judge shall not, directly or indirectly, be interested in the costs of an action or special proceeding, brought before him, or in a court of which he is, or is entitled to act as a member, except an action or a special proceeding to which he is a party, or in which he is interested.

2 R. S. 275, Part 3, ch. 3, tit. 1, part of § 5.

48. Disability of judge in certain appeals.-Where an appeal has been taken to a court of sessions, in which a town in the county is interested, a justice of the peace, who is a resident of that town, shall not sit as a justice of sessions, upon the hearing of the appeal. Except as specified in this section, 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 a tax-payer of a town, village, city, or county, interested therein.

2 R. S. 210,2 10, am'd.