as the case requires. The expense of a new seal for any other court must be paid from the State treasury. The e's 1B. 8. 277, 17, am'd. ARTICLE THIRD. MISCELLANEOUS PROVISIONS RELATING TO THE SITTING4 BBC, 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. 41. Actual session may be adjourned to another place. 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. Co. 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. ༣ ད; 2B. S. 291. ? $33. Penalty. A person violating the last section 18 guilty of a misdemeanor. Id., 296. § 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 so 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 dày. 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, authorized to hold the term, a written direction to adjourn the term to a future day certain, he must adjourn it ac cordingly, instead of adjourning it as prescribed in the last section. The direction must be entered in the minutes as an order. New. § 37. Causes tried elsewhere than at court-house.— 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. L. 1847, ch. 470, 41. Kelly. Thayer, 34 How. 163. § 38. 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 ap peals, 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 B. S. 290,887. $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 in such newspapers and for such time, as the governor office of the secretary of State; it must be published directs; and the expense of the publication must be paid out of the State treasury. Id., 88. the chief or §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, term, may, by order, direct the term to be held presiding judge, designated to hold the for which it is to be held. The order must be forthanother place, designated by him, within the district with filed, in the office of the clerk of the county where papers, and for such a time, as the judge directs therein; the term was to be held, and published in such newsand thereafter the governor shall not appoint another place, for holding that term. L. 1866, ch. 174, 1 (6 Edm. 705). $41. 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, 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. L. 1833, ch. 159, first clause of 25 (4 Edm. 532); and L. 1866, ch. 174,1 2 (6 Edm. 705); 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 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. 2 R. S. 290, 22 89 and 90, consolidated. 43. When court-house is unfit to hold court, an other 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., 22 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 this chapter, ing the same is changed, as prescribed recognizance, an action, special proceeding, writ, process, 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. 2R. S. 204, 222; 2 R. S. 277, 88 3, 5 and 6; 2 R. S. 291, 91; L. 1833, ch. 14,3 (4 Edm. 532); L. 1847, ch. 280, 28 (4 Edm. 564); L. 1866, ch. 174,13 (6 Edm. 706). $45. Trial once commenced may be continued L. 1875, ch. 3, 1, am'd. This section will supersede L. 1846, ch. 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. of GENERAL POWERS, DUTIES, LIABILITIES, AND DISABIL ITIES OF JUDGES AND OFFICERS ACTING JUDICIALLY. Eno. 46. Judge not to sit where he is a party, etc., or has not heard argument. 47. Judge not to be interested in costs. |