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. The court may also, in its discretion, where the parties to an action file a stipulation that the same be tried at a place within the county where said action is triable, other than the court-house, adjourn the term to such place for the trial of said action. Notice of such an adjournment must be given, as the court directs by the order. L. 1999 ch. 159, first clause of 5 (4 Edm. 533); and L. 1866, ch. 174, Į 2 (4 Edm. 796); 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. #R. S. 290, No 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 tem porarily 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., 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 hold. ing the same is changed, as prescribed in this chapter, an action, special proceeding, writ, process, recognizance, The word "" 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, 22 3, 5 and 6; 2 R. S. 291, 91; L. 1833, ch. 159,3 (4 Edm. 532); L. 1847, ch. 280, ? 28 (4 Edm. 564); L. 1866, ch. 174, 3(6 Edm. 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. 1846, ch. 2; and L. 1859, ch. 208, 21 (5 Edm. 248). Lowenberg v. The People, 21 N. Y. 336; 8. c., 26 How. 202; 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, Kabilities 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. BRO. 46. Judge not to sit where he is a party, etc., or has not heard argument. 47. Judge not to be interested in costs. SEO. 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. 54. Judge to file certificate of age, etc. § 46. [Amended, 1883.] 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 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.(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 B. S. 275, 2; L. 1847, ch. 280, 81 (4 Edm. 580); L. 1850, ch. 41, § 2 (4 Edm. 39); consolidated. (1) Foote v. Stiles, 57 N. Y. 399; Chambers. Clearwater, 1 Abb. Ct. App. Dec. 341; Oakley v. Aspinwall, 3 N. Y. 547; see Foot v. Morgan, 1 Hill, 654; Cain . Ingham, 7 Cow. 478, and note; Edwards v. Russel, 21 Wend. 63; People v. Wheeler, 21 N. Y. 82; Palmer . Lawrence, 5 id. 389; People v. Edmonds, 15 Barb. 529; Brown . 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, 28 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 a appeal has been taken to a court of sessions, in ich a town in the county is interested, a justice of e peace, who is a resident of that town, shall not sit sa justice of sessions, upon the hearing of the appeal. Except as specified in this section, a judge of a court of cord is not disqualified, from hearing or deciding an tion or special proceeding, matter, or question, by son of his being a resident or a tax-payer of a town age, city, or county, interested therein. 8. 210, 10, am'd. § 49. Judge or judge's partner not to practice in his court.-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 case originating in that court.(1) A law partner of, or person connected in law busi ness 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 mem ber of a court, ex-officio, and does not officiate or take part, as a member of that court, in any of the proceedings therein.(2) 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. 2 R. S. 275, 4, and part of 5; L. 1839, ch. 303, as am'd by L. 1841, ch. 272; and id., ch. 346; L. 1847, ch. 280, part of 82; L. 1841, ch. 470, 848, 50, and part of 51. (1) See Given v. Driggs, 3 Cai. 150; Hobby . Smith, 1 Cow. 588; Libby v. Rosekrans, 55 Barb. 202. (2) Fox v. Jackson, 8 Barb. 355. § 50. [Amended, 1877.] Judge's partner or clerk not to practice before him; judge not to practice in a cause which has been before him. 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. L. 1847, ch. 470, part of 2 51, and 52 (3 R. S., 5th ed., 367, 466; 4 Edm. 590); Fox v. Jackson, 8 Barb. 355. § 51. Judge not to take fees for advice in certain cases.- A judge or other judicial officer, shall not demand or receive a fee or other compensation, for giving his advice in a matter or thing 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. 2 R. S. 275, 16 (3 R. S., 5th ed., 466; 2 Edm. 285), am'd. White v. Peters, & How. 69. § 52. Substitution of one officer for another in special proceeding. In case of the death, sickness, resigna tion, removal from office, absence from the county, of 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 subject-matter, if it had occurred or existed in the latter county, 2 R. S. 284, 51 (3 R. S., 5th ed., 475; 2 Edm. 295). Holstein v. Rice, 24 How. 135; s. c., 15 Abb. 307; Cobb v. Harmon, 23 N. Y. 148, 155. At $53. Proceedings before substituted officer. the time and place specified in a notice or order, for a party to appear, or for any other proceeding to be taken, or at the time and 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 officer. Where, after a hearing has been commenced, it is adjourned to the next judicial day, each day to which it is so adjourned, is regarded, for the purposes of this section, as the day specified in the original notice or order, or in the notice to appear before the substituted officer, as the case requires. Id., 52 and 53, consolidated and am'd, § 54. Judge to file certificate of age, etc. A judge of a court of record must, within ten days after he enters on the duties of his office, make and sign a cer. tificate, stating his age, and the time when his official Error in engrossing for "affected." |