ART. 3. ARTICLE THIRD. GENERAL PROVISIONS CONCERNING CERTAIN MINISTERIAL OFFICERS, CONNECTED WITH SECTION 82. Qualifications of stenographer. 83. General duty of stenographer; notes, when to be filed. 84. Notes, how preserved; when written out. 85. Stenographers to furnish gratuitously copies of proceedings, to judge. 87. These sections applicable to assistant stenographers. SS. Supervisors to provide for compensation, etc., of stenographers. 90. County judge to appoint crier. 91. Clerk of Dutchess county to be crier in that county. 92. When sheriff, constable, etc., to act as crier. 93. Attendants upon courts in New York city. 94. Interpreter for courts of record in Kings county. 95. Attendants and messengers, how appointed in Kings county. 96. Duties of persons appointed under last section. 97. Sheriff, when directed, to require constables, etc., to attend courts. 98. Id., when not directed. 99. Penalty for neglect of officer to attend court. tions of § 82. Each stenographer, specified in this act, is an officer of the Qualifica fort or courts, for or by which he is appointed; and, before entering Stenogra on the discharge of his duties, must subscribe the Constitutional oath pher. of office, and file the same in the office of the clerk of the court, or, in the supreme court, in the office of the clerk of the county where the term sis, or the judge resides, by which or by whom he is appointed. A person shall not be appointed to the office of stenographer, unless he is Siled in the stenographic art. re duty of notes, úled. $53. Each stenographer, specified in this act, must, under the di- General petion of the judge, presiding at or holding the term or sitting which stenogra he attends, take full stenographic notes of the testimony, and of all pher cher proceedings, in each cause tried or heard thereat, except when when to be the judge dispenses with his services in a particular cause, or with spect to a portion of the proceedings therein. The court, or a judge thereof, may, in its or his discretion, upon or without an application fr that purpose, make a order, directing the stenographer to file with the clerk, forthwith or within a specified time, the original stenographic etes, taken upon a trial or hearing; whereupon the stenographer must the same accordingly. preserved; $84. The original stenographic notes, taken by a stenographer. are Notes, how part of the proceedings in the cause; and, unless they are filed, pur- when writ ant to au order, made as prescribed in the last section, they must be ten out. Carefully preserved by the stenographer, for two years after the trial hering; at the expiration of which time he may destroy the same. If the stenographer dies, or his office becomes otherwise vacant, before the expiration of that time, they must be delivered to his successor in ffice, to be held by him with like effect, as if they had been taken by m. They must be written out at length by the stenographer, if a judge of the court so directs, or if the stenographer is required so to do, br a person entitled by law to a copy of the same, so written out. This such a direction is given, or such a requisition is made, the stenographer is not bound so to write them out. TITLE 1. § 36. If, before four o'clock of the second day, the sheriff or the clerk court to be receives from a judge, authorized to hold the term, a written direction adjourned 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. to a day certain. Causes tried else. where than at courthouse. Governor may change place for holding courts of record. Such ap etc., to be § 37. 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. § 38. 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 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. § 39. Such an appointment or revocation must be under the hand pointment, 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. recorded and published. Judge may change place for holding court of record. sion may ed to an other place. § 40. 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 newspapers, and for such a time, as the judge directs therein; and thereafter the Governor shall not appoint another place, for holding that term. Actual ses- § 41. If, during the actual session of a term of a court of record, the be adjourn 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. Place for holding courts in York, how § 42. The mayor, or, in case of his absence, or other disability, the recorder of the city of New York, may, by proclamation, direct that city of New the next ensuing term of any court, other than the court of appeals, changed. 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. ART. 1. When house is another $43. If the building established as a court-house in any other county is destroyed, or is, for any cause, unsafe, inconvenient, or unfit courtfor holding court therein, the county judge of the county may, by an unit to order filed in the office of the clerk of the county, appoint another hold court, building in the vicinity for temporarily holding courts. The building place to be so appointed becomes the court-house of the county, for the time being; appointed. and business transacted therein has the same effect, as if it was transacted at the usual place. or special $44. When a term of court fails or is adjourned, or the time or place No action of holding the same is changed, as prescribed in this chapter, an proceeding action, special proceeding, writ, process, recognizance, or other pro- abated, etc., by eeding, civil or criminal, returnable, or to be heard or tried, at that failure or term, is not abated, discontinued, or rendered void thereby; but all adjourn persons are bound to appear, and all proceedings must be had, at the court. time and place to which the term is adjourned or changed, or, if it fals, at the next term, with like effect as if the term was held, as riginally appointed. ment of comment beyond §45. Where the trial or hearing of an issue of fact, joined in an Trial once action or special proceeding, civil or criminal, has been commenced at Comay be a term of a court of record, it may, nothwithstanding the expiration of continued the time appointed for the term to continue, be continued to the com- term. pletion thereof; including, if the canse is tried by a jury, all proceedings taken therein until the actual discharge of the jury; or, if it is ried by the court without a jury, until it is finally submitted for a decision upon the merits. 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 ARTICLE FIRST. GENERAL POWERS, DUTIES, LIABILITIES, AND DISABILITIES OF Judges, and OFFICERS 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 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 tile certificate of age, etc. §46. A judge shall not sit as such in, or take any part in the Judge not decision of, a cause or matter to which he is a party, or in which he to sit where TITLE 2. he is a par has not has been attorney or counsel, or in which he is interested, or in which ty, etc., or he would be excluded from being a juror, by reason of consanguinity or affinity to either of the parties. 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. heard argument. Judge not to be interested in costs. Disability of judge in certain appeals. Judge or judge's partner not in his court. § 47. 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. § 48. 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. § 49. 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 to practice 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 counsellor, 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. Judge's partner or clerk not to practice before him, judge not to practice in a cause which has beep be fore him. Judge not for advice § 50. 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. A judge or other judicial officer, shall not demand or receive a to take fees fee or other compensation, for giving his advice in a matter or thing in certain 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. cases. Substitu tion of one officer for another in special proceed. ng. Proceed § 52. In 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 subjectmatter, if it had occurred or existed in the latter county. § 53. At the time and place specified in a notice or order, for a party ings before to appear, or for any other proceeding to be taken, or at the time and ed oficer. 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 ficer. Where, after a hearing has been commenced, it is adjourned to the next judicial day, each day to which it is so adjourned, is reparded, for the purposes of this section, as the day specified in the riginal notice or order, or in the notice to appear before the substituted officer, as the case requires. ART. 2. file certif $54. A judge of a court of record must, within ten days after he Judge to enters on the duties of his office, måke and sign a certificate, stating eate or age, sage, and the time when his official term will expire, either by com- etc. tion of a full term, or by reason of the disability of age, prescribed 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 comLencement and termination of the official term, of each judge of a art of record. ARTICLE SECOND. 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 of certain law schools. 59. Attorney's oath of office, and certificate of admission. 60. Attorneys residing in adjoining States. 61. Clerks, etc., not to practice. 62. IL; 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. 69. Removal or suspension, how to operate. 70. Punishment for deceit, etc. 71. Id.; for wilful delay of action. 72. Attorney not to lend his name. 73. Attorney not to buy claim. 74. Certain loans prohibited. 75. Penalty. 76. Limitation of preceding sections. 77. Same rule when party prosecutes in person. 78. Partner of district attorney, etc., not to defend prosecutions. 79. Attorney not to defend when he has been public prosecutor. 50. Penalty, 1. Limitation of provisions. person or $55. A party to a civil action, who is of full age, may prosecute or Party may end the same in person or by attorney, at his election unless he appear in s been judicially declared to be incompetent to manage his affairs. by attor Lach provision of this act, relating to the conduct of an action, ney. Ferein the attorney for the party is mentioned, includes a party |