$93. [Amended, 1895.] Seals and records of former superior city courts.-- The seals, books, files, records, papers and documents of the superior court of the city of New York, the court of common pleas for the city and county of New York, the superior court of Buffalo, and the city court of Brooklyn, shall be deposited in the offices of the clerks of the several counties in which said courts have heretofore existed, and shall be kept and preserved by said clerks separate and apart from the other books, records, papers and documents in their respective offices, and shall be kept in charge of special deputy clerks, to be designated by said county clerks, so as to be readily accessible for inspection.

In effect Jan. 1, 1896; L. 1895, ch. 946.

$94. [Amended, 1895.] Interpreters for courts of record in Kings county.-The board of supervisors of the county of Kings may appoint an interpreter or interpreters, to attend the terms of the courts of record, except the county court, held in that county, at which issues of fact are triable; who shall hold office during good behavior.

In effect May 23, 1895; L. 1895, ch. 724, superseding amendment in ch. 946. See ch. 946, § 4. See post, § 360.

§ 95. [Amended, 1895.] Attendants and messengers, how appointed in Kings county. The justices of the supreme court for the second judicial district residing in Kings county, or a majority of them; the county judges of Kings county and the surrogate of Kings county may appoint, and at pleasure remove all attendants and messengers, and court officers in their respective courts in said county.

In effect Jan. 1, 1896; L. 1895, ch. 946.

§ 96. Duties of persons appointed under last section. Each of the persons, appointed as prescribed in the last section, must attend, from day to day, the terms and sittings, within the county of Kings, of the court to which he is assigned, to preserve order, and to perform whatever services may be required of him, by the judge presiding thereat.

L. 1870, ch. 648, § 2.

§ 97. [Amended, 1895.] Sheriff, when directed to notify constables, etc., to attend courts.-The sheriff of each county, except New York and Kings, must, within a reasonable time before the sitting, in his county, of any term of court, notify, in writing and personally, as many constables or deputy sheriffs of his county, as he has been directed to notify, by the court or the judge who is to hold or preside at the term, to appear and attend upon the term during its sitting. In addition to such constables, or deputy sheriffs, the justices of the supreme court of the eighth judicial district residing in the county of Erie, or a majority of them, shall, in their discretion, appoint and at their pleasure may remove one or more court officers, whose duty it shall be to attend at the justices' chambers and at special terms of the supreme court held in said county of Erie. Such officers shall possess all the powers of officers designated by sheriffs to attend upon courts, and shall each receive a salary of one thousand dollars a year, to be paid in equal monthly payments by the treasurer of the county of Erie. The sheriff of said county of Erie shall not be required to attend or designate any officer to attend at justices' chambers or at special terms of the supreme court held in said county of Erie unless requested so to do by the justice presiding. In effect Jan. 1, 1896; L. 1895, ch. 946.

§ 98. Id., when not directed.-If such a direction has not been given by the court or the judge, the sheriff may in like manner notify as many constables as he deems necessary for the purpose specified in the last section.

2 R. S. 289, § 84.

§ 99. Penalty for neglect of officer to attend court.-Each constable, seasonably notified, as prescribed in the last two sections, must attend the term accordingly; and for each day's neglect he may be fined by the court, at the term which he was notified to attend, a sum not exceeding five dollars.

Id., § 85. 3

34. [Amended, 1895.] Adjournment of court to a future day. Any 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.

In effect Jan. 1, 1896; Laws 1895, ch. 916. 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 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.

2 B. S. 197, 6; and id., ¿? 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 accordingly, 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 v. 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 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 than 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. 8. 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., § 83.

$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 in 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,

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. 1833, ch. 159, first clause of 1 5 (4 Edm. 532); and L. 1866, ch. 174, § 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 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.

2 R. S. 290, 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., 93 and 94, consolidated.

44. No action or special proceeding abated, eto, by failure or adjournment of court.- 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,

The word "a" omitted by error in engrossing.