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. [4m'd 1891.] 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 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. $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 temporarily 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. § 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, 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. § 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 judg and certain other officers of the courts. ARTICLE 1. General powers, duties, liabilities, and disabilities judges and officers acting judicially. 2. Attorneys and counsellors at law. 3. General provisions concerning certain ministerial office connected with the administration of justice; & special provisions concerning officers of that descr tion, attached to two or more courts. ARTICLE FIRST. GENERAL POWERS, DUTIES, LIABILITIES, AND DISABILITI 46. Judge not to sit where he is a party, etc., or has not judge not to practice i 23 State Rep, 799. 6 Dem. 12. 114 N. Y. 439. 47. Judge not to be interested 48. Disability of judge in cer- 49. Judge or judge's partner court. 50. Judge's partner or clerk not 51. 52. 53. 54. cause which has been fore him. Judge not to take fees advice in certain cases Substitution of one offic for another in spec proceeding. Proceedings before su stituted officer. Judge to file certificate age, etc. § 46. [Am'd 1883.] A judge shall not sit as such in, take any part in the decision of, a cause or matter to which is a party, or in which he has been attorney or counsel, or which he is interested, or if he is related by consanguinity affinity to any party to the controversy within the six degree. The degree shall be ascertained by ascending fre the judge to the common ancestor; and descending to t party, counting a degree for each person in both lines, incl ding the judge and party, and excluding the common ancest A judge, other than a judge of the court of appeals, shall n decide, or take part in the decision of a question which w argued orally in the court, when he was not present and st ting therein as a judge. § 47. A judge shall not, directly or indirectly, be inte ested in the costs of an action or special proceeding, broug before him, or in a court of which he is, or is entitled to act a member, except an action or a special proceeding to which is a party, or in which he is interested. § 48. Where an appeal has been taken to a court of se sions, in which a town in the county is interested, a justice the peace, who is a resident of that town, shall not sit as justice of sessions, upon the hearing of the appeal. Except specified in this section, a judge of a court of record is not d. qualified, from hearing or deciding an action or special pr ceeding, matter, or question, by reason of his being a reside. or a tax-payer of a town, village, city, or county, intereste therein. § 49. A judge shall not practice or act as an attorney counsellor, in a court of which he is, or is entitled to act as member, or in a cause originating in that court. A law partn of, or person connected in law business with a judge, shall practice or act as an attorney or counsellor, in a court, which the judge is, or is entitled to act as a member, or it cause originating in that court; except where the latter is ember of a court, ex-officio, and does not officiate or take irt, as a member of that court, in any of the proceedings erein. An ex-officio judge shall not, directly or indirectly, interested in the costs, or the compensation of an attorney 'counsellor, in the court of which he is ex-officio a judge. § 50. [Am'd 1877.] The law partner or clerk of a judge all not practice before him, as attorney or counsellor in any use, or be employed in any cause which originated before m. A judge shall not act as attorney or counsellor in any ction or special proceeding, which has been before him in his ficial character. 8 51. A judge or other judicial officer, shall not demand receive a fee or other compensation for giving his advice a matter or thing pending before him, or which he has reaon to believe will be brought before him for decision; or for reparing a paper or other proceeding, relating to such a mater or thing; except a justice of the peace, in a case where a ee is expressly allowed to him by law. § 52. In case of the death, sickness, resignation, removal om office, absence from the county, or other disability of an fficer, before whom a special proceeding has been instituted, here no express provision is made by law for the continuance hereof, it may be continued before the officer's successor, or ny other officer residing in the same county, before whom it light have been originally instituted; or, if there is no such fficer in the same county, before an officer in an adjoining ounty, who would originally have had jurisdiction of the subect-matter, if it had occurred or existed in the latter county. § 53. At the time and place specified in a notice or order, or a party to appear, or for any other proceeding to be aken, or at the time and place specified in the notice to be iven, as prescribed in this section, the officer substituted as rescribed in the last section, or in any other provision of aw, to continue a special proceeding instituted before another, may act, with respect to the special proceeding, as if it had een originally instituted before him. But a proceeding shall ot be taken before a substituted officeer, at a time or place, ther than that specified in the original notice or order, until otice of the substitution, and of the time and place appointed or the proceeding to be taken, has been given, either by peronal service or by publication, in such manner and for uch time as the substituted officer directs, to each party vho may be effected [affected] thereby, and who has not ppeared before either officer. Where, after a hearing as 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 r order, or in the notice to appear before the substituted fficer, as the case requires. $ 54. A judge of a court of record must, within ten days 78 N. Y. 405. fter he enters on the duties of his office, make and sign a cerificate, stating his age, and the time when his official term will expire, either by completion of a full term, or by reason of the disability of age, prescribed in 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 commencement and termination of the official term, of each judge of a court of record. ARTICLE SECOND. ATTORNEYS AND COUNSELLORS AT LAW. 55. Party may appear in person or by attorney. 56. Examination and admission 57. Rules, how changed. 59 Attorney's oath of office, and 61. Clerks, etc., not to practice. 64. Penalty for violation, or suf- 65. Death or disability of attorney; proceedings thereupon. 66. Attorney or counsel's com. pensation. 67. Removal or suspension for malpractice, etc. 268. Must be on notice. 70. Punishment for deceit, etc. 72. Attorney not to lend his name. 73. Id.; not to buy claim. sections. of preceding 77. Same rule when party prosecutes in person. 78. Partner of district attorney, etc., not to defend prose cutions. 79. Attorney not to defend when he has been public prose 80. cutor. Penalty. 81. Limitation of provisions. § 55. A party to a civil action, who is of full age, may prosecute or defend the same in person or by attorney, at his election, unless he has been judicially declared to be incompe tent to manage his affairs. Each provision of this act relating to the conduct of an action, wherein the attorney for the party is mentioned, includes a party prosecuting or de fending in person, unless otherwise specially prescribed therein, or unless that construction is manifestly repugnant to the context. If a party has an attorney in the action, he cannot appear to act in person, where an attorney may appear or act, either by special provision of law, or by the course and practice of the court. § 56. [Am'd 1886.] A citizen of the State, of full age hereafter applying to be admitted to practice as an attorney or counsellor in the courts of record of the State, must be examined at a general term of the supreme court by the justices holding the term, or a committee appointed by them. If it is found that such person has complied with the rules established by the court of appeals for that purpose, and such person is approved by the justices holding the term, for good character and learning, the court must direct an order to be entered, stating those facts, and admitting such person to practice as an attorney and counsellor in all the courts of record of the State. Whereupon, after qualifying as pre scribed in section fifty-nine of this act, such person is entitled to practice accordingly; subject, nevertheless, to suspensior or removal from office, as prescribed by law. The race or sex of such person shall constitute no cause for refusing suc person admission to practice in the courts of record in this State as an attorney and counsellor. § 57. The rules established by the court of appeals, touch ing the admission of attorneys and counsellors to practice the courts of ord of the State, shall not be changed o amended, except by a majority of the judges of that court. A copy of each amendment of those rules must, within five days after it is adopted, be filed in the office of the Secretary of State; who must transmit a printed copy thereof to the clerk of each county, and to the presiding justice of the supreme court, in each judicial department, and also cause the same to be published, in the next ensuing volume of the session laws. § 58. [Am'd 1877, 1893.] Nothing contained in the last two sections prevents the court of appeals from dispensing, in the rules established by it, with the whole or any part of the stated period of clerkship, required from an applicant, or with an examination, where the applicant is a graduate of the Albany Law School, the law department of Union University, or of the law department of the University of the City of New York, or of the law school of Columbia College, or of the law department of Hamilton College, or of the law school of the University of Buffalo, and the New York Law School, and produces his diploma upon his application for admission. § 59. Each person, admitted as prescribed in the last three sections, must, upon his admission, take the Constitutional oath of office in open court, and subscribe the same in a roll or book, to be kept in the supreme court for that purpose. The clerk, upon the payment of the fees allowed by law, must deliver to the person admitted, a certificate under his hand and official seal, stating that such person has been so admitted, and that he has taken and subscribed the Constitutional oath of office, as prescribed in this section. § 60. A person, regularly admitted to practice as attorney and counsellor, in the courts of record of the State, whose office for the transaction of law business is within the State, may practice as such attorney or counsellor, although he resides in an adjoining State. But service of a paper, which might be made upon him at his residence, if he was a resident of the State, may be made upon him, by depositing the paper in a post-office in the city or town where his office is located, properly inclosed in a post-paid wrapper, directed to him at his office. A service thus made is equivalent to personal service upon him. § 61. The clerk, deputy-clerk, or special deputy-clerk of a court shall not, during his continuance in office, practice as attorney or counsellor in that court. § 62. A sheriff, under-sheriff, deputy-sheriff, sheriff's clerk, constable, coroner, crier, or attendant of a court, shall not, during his continuance in office, practice as an attorney or counsellor in any court. sol. Act. § 63. [Am'd 1879.] A person shall not ask or receive, directly or indirectly, compensation for appearing as attor-1077, Conney in a court in the city and county of New York, or in the eounty of Kings, or make it a business to practice as an attorney in a court in either of those counties, unless he has been regularly admitted to practice, as an attorney or counsellor in the courts of record of the State. sol. Act. § 64. A person who violates the last section is guilty of a misdemeanor, and shall be punished by imprisonment in the 1078, Con county jail, not exceeding one month, or by a fine of not less than one hundred dollars, or more than two hundred and fifty dollars, or by both such fine and imprisonment. A judge or |