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."

§ 18. 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.

§ 19. The supreme court, a superior 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.

§ 20. 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.

§ 21. A superior 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; 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.

§ 22. 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.

§ 23. 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.

§ 24. 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.

§ 25. [am'd 1877.] 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 be fore 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.

§ 26. In the city and county of New York, a special proceeding institu ted 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.

8 27. 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.

28. 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.

§ 29. The seal of a court may be affixed, by making an impression directly upon the paper.

§ 30. When the seal of a court is so injured, that it cannot be conven iently 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 COURTS.

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 the

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 adjournment of court.

45. Trial once commenced may be continued beyond term.

§ 31. 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. If 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.

§ 32. [am'd 1877.] 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.

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

§ 34. 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.

§ 35. [am'd 1877.] 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.

$36. [am'd 1877.] 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. 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 else. where 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 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.

§ 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.

§ 41. 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 he 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.

§ 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 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.

§ 43. If the building established 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 temporary holding courts. The building so appointed becomes the courthouse of the county, for the time being; and business transacted therein has the same effect, as if it was transacted at the usual place.

44. 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, or other proceeding, civil or criminal, returnable, or to be heard or tried, at that term, 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 ke effect as if the term was held, as originally appointed.

§ 45. 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.

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 DISABILITIES OF JUDGES, AND OFFICERS ACTING JUDICIALLY.

§ 46. [am'd 1883.] 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 if he is related by consanguinity or affinity to any party to the controversy within the sixth degree. The degree shall be ascertained by ascending from the judge to the common ancestor; and descending to the party, counting a degree for each person in both lines, including the judge and party, and excluding the common ancestor. 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.

§ 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 cause origin