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 B. 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, Cow. 38; Cramer v. Van Alstyne, 9 Johns. 386; Anonymous, 16 id. Sloan . Wattles, 13 id. 158; Sullivan v. Alexander, 18 id. 3; Lynch ♥. Mechanics' Bank, 13 id. 127; Hayward e. Hoyt, 9 Wend. 484, Griswold v. 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; Church!!! v. 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 determin tion. 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 and in the county of Kings, 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 proceed *In effect September 1, 1890., ing 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 Fame. See Matter of Rodding, 14 Civ. P. 47; Woodruff v. Ins. Co., 90 N. Y. 521. 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. 280, 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, 8 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, 61. Farmers, etc., Bańk v. Haight, Hill, 493; Bank v. Gray, 2 id. 227; Ross v. Bedell, 5 Duer, 462; Leavitt ». hford, 17 N. Y. 521. ). New seals. When the seal of a court is se that it cannot be conveniently used, the court use it to be destroyed; and when the seal of a is lost or destroyed, the court must cause a new o be made, similar in all respects to the former hich shall become the seal of the court. The of a new seal for a county clerk, a surrogate's a local court in a city, must be paid as part of gent 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. 2 R. 8. 277, 17, am'd. ARTICLE THIRD. MISCELLANEOUS PROVISIONS RELATING TO THE SITTING# OF THE COURTS. 80. 31. Rooms, fuel, etc., how furnished. 32. No liquors, etc., to be sold in court-house. 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. 42. Place for holding courts in city of New-York, how changed. 44. No action or special proceeding abated, etc., by failure or ad- 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. 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. Ce. Proc., 22 15, 28, and 51, consolidated. § 32. [Amended, 1877.] No liquors, etc., to be sold in court-house.-Strong, spirituous, or fermented li quor, 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. § 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 30 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, 26; and id., 22 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, au to hold the term, a written direction to adjourn to a future day certain, he must adjourn it acinstead of adjourning it as prescribed in the Lion. The direction must be entered in the min 27. Causes tried elsewhere than at court-house. parties to an action or special proceeding, pending court of record, may, with the consent of the judge Whis to try or hear it, without a jury, stipulate in wing, that it shall be tried or heard and determined, sewhere than at the court-house. The stipulation aust specify the place of trial or hearing, and must be d in the office of the clerk; and the trial or hearing st be brought on upon the usual notice, unless rwise provided in the stipulation. 47, ch. 470, 141. Kefly. Thayer, 34 How. 163. 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 that 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, 87. $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., 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 newspapers, 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. [Amended, 1891.] 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, |