fied in the last section. When a vacancy occurs, for any cause except lapse of time, the governor must designate a presiding or associate justice, as the case requires. An associate justice, thus designated, shall act for his predecessor's unexpired time, or until the earlier close of his official term.

L. 1870, ch. 408, § 3.

§ 222. Assignment of duties to justice whose designation is revoked. Where the governor revokes the designation of a general term justice, as prescribed in the last section but one, he may prescribe the duties to be performed by that justice, in holding court in any part of the State, from the time of such revocation until the taking effect of the next appointment of terms, as prescribed in section 232 of this act, for the judicial department to which that justice belongs.

New.

$223. Designation, etc., to be filed with secretary of State. A designation of a general term justice, or a revocation thereof, must be in writing, and filed in the office of the secretary of State.(1) The request of the justice whose designation is revoked, must be filed with the revocation.(2)

(1) L. 1870, ch. 408. (2) New.

$224. Presiding and associate justices may act out of their departments. A presiding justice, designated for a judicial department, may preside at a general term, held in another department, if the presiding justice of that department is absent, or disqualified from acting;(1) and an associate justice may act as such, at a general term held in another department, in place of an associate justice of that department, who is in like manner absent or disqualified.(2)

(1) New. (2) L. 1870, ch. 408, 26.

$ 225. [Amended, 1877.] Times and places of holding general terms; how appointed. On or before the first day of December, in the year eighteen hundred and seventy-eight, and each second year thereafter, the general term justices in each judicial department, or a majority of them, must appoint the times and places for holding the general terms of the supreme court, within their judicial department, for two years from

the first day of January, of the year then next following. They must so designate at least one general term in each year, to be held in each of the judicial districts composing the department.

L. 1871, ch. 766, 1, and part of 23 (9 Edm. 202), as am'd by L. 1872, ch. 778 (9 Edm. 477), and by L. 1875, ch. 167.

§ 226. Appointment to be published. — An appointment so made must be signed by the justices making it, and filed, on or before the fifteenth day of December of the same year, in the office of the secretary of State; who must immediately thereafter publish a copy thereof in the newspaper printed at Albany, in which legal notices are required to be published, at least once in each week, for four successive weeks. The expense of the publication is payable out of the treasury of the State.

Id., 2, and part of 3; as am'd by L. 1872, ch. 778, and L. 1875, ch.

167.

§ 227. Appointment may be made or filed after the prescribed time. - If an appointment of general terms is not made or filed, before the expiration of the time specified therefor in the last two sections, it may be made or filed at the earliest convenient time thereafter; and the terms appointed thereby may be held pursuant to the same, after it has been published for the length of time, prescribed in the last section.

New.

§ 228. When associate justice to preside, etc.- If a presiding justice is not present, at the time and place appointed for holding a general term, the associate justice present, having the shortest time to serve, or, if two are present, who have the same time to serve, the elder of them, must act as presiding justice, until a presiding justice attends. If only one general term justice is present, he may select one or two justices of the su preme court, to hold with him the general term, until two general term justices attend.

L. 1870, ch. 408, § 4.

§ 229. [Stricken out by amendment of 1877.]

§ 230. General term held by two justices. Re-ar gument, etc. A general term may be held by two justices; and the concurrence of two justices is necessary

to pronounce a decision. If two do not concur, a re-argument must be ordered.

L. 1870, ch. 408, part of 6, am'd. See opinion of BRONSON, J. Oakley vr Aspinwall, 3 N. Y. 547; Van Rensselaer v. Witbeck, 2 Lans. 498.

231. When cause te be heard in another department. - Where an order for a re-argument has been made, as prescribed in the last section, and one of the general term justices of that judicial department is not qualified to sit in the cause, the order directing the reargument may, in the discretion of the general term, direct it to take place, and the cause to be decided, in another judicial department, specified in the order. And where two of the general term justices, in a department, are not qualified to sit in a cause, to be heard at the general term of that department, an order may be made, upon notice, by the other general term justice, or at a special term of the court held in that department, directing that the cause be heard and decided in another judicial department, specified in the order. But this section does not prevent the cause from being heard and decided, in the same judicial department, by two qualified justices, if an order, directing the same to be heard and decided in another department, has not been made.(1)

Id., parts of 6 and 10. (1) Matter of Broadway, 63 Barb. 572.

$232. Appointments of special terms, circuit courts, and courts of oyer and terminer. On or before the first day of December, in the year eighteen hundred and seventy-seven, and every second year thereafter, the justices of the supreme court, for each judicial department, or a majority of them, must appoint the times and places for holding the special terms of the supreme court, and terms of the circuit courts and courts of oyer and terminer, within their department, for two years from the first day of January of the year next following. If, for any reason, such an appointment is not made before the expiration of the time so specified, it must be made at the earliest convenient time thereafter. At least one special term of the supreme court, and two terms of the circuit court, and of the court of oyer and terminer, must be appointed to be held in each year, in each county separately organized. Two or more terms of the circuit court may be appointed to be held,

and may be held, at the same time, in the city and county of New-York.

L. 1570, ch. 408, 17; 2 R. 8. 201, part of 4; Co. Proc., 20; and L. 1852, ch. 374, 15.

233. Publication of appointments. An appointment so made must be signed by the justices making it, and immediately filed in the office of the secretary of State, who must publish a copy thereof in the newspaper, printed at Albany, in which legal notices are required to be published, at least once in each week, for three successive weeks before the holding of a term in pursuance thereof. The expense of the publication is payable out of the treasury of the State.

Co. Proc., 25.

234. Governor may appoint extraordinary terms; justices to hold them. The governor may, when, in his opinion, the public interest so requires, appoint one or more extraordinary general or special terms of the supreme court, or terms of a circuit court, or court of oyer and terminer. He must designate the time and place of holding the same, and name the justice who shall hold, or preside at each term, except a general term; and he must give notice of the appointment, in such manner as, in his judgment, the public interest requires.

L. 1870, ch. 408, 14.

§ 235. General powers and duties of justices. - Any justice of the supreme court has power to sit at a general term, or to hold a special term of the supreme court, or a term of the circuit court, or to preside at a term of the court of over and terminer, for the whole or any portion of the term; and to act upon any business, which regularly comes before the term in which he is sitting; except where he is personally disqualified from sitting, in a particular action or special proceeding.(1) Each justice must, at all reasonable times, when not engaged in holding court, transact such judicial business as may be done out of court. (2)

(1) 2 R. S. 203, 14. (2) Co. Proc., 27.

$236. [Amended, 1880.] Governor may appoint in New-York city, judge of other court to hold terms.The governor may, when, in his opinion, the public interest so requires, designate one or more judges of the superior court of the city of New-York, or of the court of common pleas for the city and county of New-York, to hold terms of the circuit court, and special terms of the supreme court, in that city. The desig

nation must be in writing, and must specify each term, and the judge designated to hold the same. A case or exceptions, in a cause tried at such a term, must be settled before the judge who held the same; and a judge thus designated may, after the expiration of the period of such designation, decide, finally determine and dispose of any action, proceeding or motion, that may have been tried or heard before him; and such judge, during the period of such designation, possesses, within the city of NewYork, all the powers of a justice of the supreme court, in or out of court, to make orders in any action or special proceeding in the supreme court.

L. 1870, ch. 408, 8, am'd.

$237. Governor to designate justices to hold courts in certain cases. - If a general or special term of the supreme court, or a term of the circuit court, or court of oyer and terminer, duly appointed, is in danger of failing, the governor may designate one or more justices of the supreme court, as the case requires, to preside at the term of the court of oyer and terminer, or to hold the term of the supreme court, or circuit court, in the absence of the justice or justices appointed to preside at or hold the same.

L. 1850, ch. 1, § 1, am'd.

238. Place of holding the terms. The place ap. pointed within each county, for holding a special term of the supreme court, at which issues of fact are triable, or a term of the circuit court, or court of oyer and terminer, must be that designated by statute, for holding the county or circuit court.

Co. Proc., part of 24.

239. Special terms adjourned to chambers; trials thereat. A special term of the supreme court may be adjourned to a future day, and to the chambers of any justice of the court, residing within the judicial district, by an entry in the minutes; and then adjourned from time to time, as the justice holding the same directs.(1) An action triable by the court, without a jury, which was upon the calendar of the term before it was adjourned, may be tried at a term so adjourned, and held at chambers, by consent of both parties, but not otherwise.(2) In that case, the attendance of the clerk, the sheriff, the crier, or a constable, is not required, unless the justice directs one or more of those officers to attend. (1) Co. Proc., part of 24. (2) See Birmingham Foundry v. Hatfield, 43 N. Y. 224.