for a misbehavior in his office or trust, or for a wilful neglect or violation of duty therein; or for disobedience to a lawful mandate of the court, or of a judge thereof, or of an officer authorized to perform the duties of such e judge. 2. A party to the action or special proceeding, for putting in fictitious bail or a fictitious surety,(3) or for any deceit or abuse of a mandate or proceeding of the court.(4) 3. A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution cannot be awarded for the collection of such sum;(5) or for any other disobedience to a lawful mandate of the court.(6) 4. A person, for assuming to be an attorney or counsellor, or other officer of the court, and acting as such without authority; for rescuing any property or person in the custody of an officer, by virtue of a mandate of the court (7) for unlawfully detaining, or fraudulently and wilfully preventing, or disabling from attending or testifying, a witness, or a party to the action or special proceeding, while going to, remaining at, or returning from, the sitting where it is noticed for trial or hearing; and for any other unlawful interference with the proceedings therein.(8) 5. A person subpoenaed as a witness, for refusing or neglecting to obey the subpoena, or to attend, or to be sworn, or to answer as a witness.(9) 6. A person duly notified to attend as a juror, at a term of the court, for improperly conversing with a party to an action or special proceeding, to be tried at that term, or with any other person, in relation to the merits of that action or special proceeding: or for receiving a communication from any person, in relation to the merits of such an action or special proceeding, without immediately disclosing the same to the court.(10) 7. An inferior magistrate, or a judge or other officer of an inferior court, for proceeding, contrary to law, in & cause or matter, which has been removed from his jurisdiction to the court inflicting the punishment; or for disobedience to a lawful order or other mandate of the latter court.(11) 8. In any other case, where an attachment or any other proceeding to punish for a contempt, has been usually adopted and practiced in a court of record, to enforce a divil remedy of a party to an action or special proceeding in that court, or to protect the right of a party.(12) 2 R. 8. 534, Part 3, ch. 8, tit. 13, 1 (3 B. S., 5th ed., 849; 2 Edm. 552). (1) Ex parte Staats, 4 Cow. 76; People v. Wilson, 5 Johns. 369; People . Smith, 3 Cal. 221; Kane v. Van Vranken, 5 Paige, 62; Stage v. Stevens, 1 Den. 267; Bowling Green Savings Bank . Todd, 52 N. Y. 489; Matter of Dakin, 4 Hill, 42; Wilmerdings v. Fowler, 55 N. Y. 641; Hess v. Joseph, 7 Bob. 609; Hatch. Fogerty, 10 Abb. N. S. 147; Goodenough v. Spen cer, 48 How. 347; Porter v. Parmley, 39 N. Y. Supr. 219; Hammond Dean, 6 T.& C. 337; 8. c., 3 Hun. 636; People v. Nevins, 1 Hill, 154. (2) People v. Stone, 10 Page, 606; People v. Bennett, 4 id. 282; People v. Marsh, 2 Cow. 493; People v. Brown, 6 id. 41; Brockway . Wilber s Johns. 356; People v. Adams, 6 Hill, 236: Anonymous, 23 Wend. 102; 2 Bish. Cr. L., 1255. (3) Hull. L'Eplatimer, 49 How. 500. (4) Butterworth v. Stagg, 2 Johns. Cas. 291; Dias v. Merle, 2 Paige, 494. (5) People . Bennett, 4 Palge, 282; Gray v. Cook, 24 How. 432; Beebe v. Kenyon, 3 Hun, 73; People v. Bergen, 6 id. 267; Lansing v. Lansing, 4 Lans. 377; reversing 41 How. 248; Ford v. Ford, id. 169; s. c., 10 Abb. 74; Matter of Kelly, 3 Hun, 636. (6) Sudlow v. Knox, 7 Abb. Pr. (N. S.) 411; Heerdt v. Wetmore, 2 Robt. 697; Hall v. Thomas, 3 Edw. 236; Conover v. Wood, 5 Abb. 84; Billings v. Carver, 54 Barb. 40; Panton v. Zebley, 19 How. 394; Harris v. Clark, 10 id. 415; People v. Albany, etc., 12 Abb. 171; Injunc tion: Watson . Fuller, 9 How. 425; People v. Compton, 1 Duer, 512. Mayor v. Conover, 5 Abb. Pr. 244; Livingston v. Swift, 23 How. 1; Hillker. Hathorne, 5 Bosw. 710; People v. Brower, 4 Paige, 405; Ewing v. Johnson, 34 How. 202; Mayor v. Conover, 5 Abb. 244; Mayor v. N. Y., etc., 64 N. Y. 623; Sutton v. Davis, id. 633; Rorke v. Russel, 2 Lans. 242; Neal v. Osborne, 15 How. 81; Wheeler v. Gilsey, 35 id. 139; Potter . Low, 16 d. 549; Woolf v. Jacobs, 36 Supr. 408. (7) People v. Church, 2 Wend. 262; Dias v. Merie, 2 Paige, 494; Riggs v. Whitney, 15 Abb. 388; O'Mahoney. Belmont, 62 N. Y. 133; Noe v. Gibson, 7 Paige, 513; Albany City Bank v. Schermerhorn, 9 id. 372. (8) Bergh's Case, 16 Abb. N. S. 266; Bonesteel v. Lynde, 8 How. 226. (9) Kiernan v. Abbott, 1 Bun, 109; 8. c., 3 T. & C. 755; Bowen . Hunter, 45 How. 193; Bank v. Arthur, 2 Bw. 194; Thomas, v. Kircher 15 Abb. N. S. 342; Heerdt. Wetmore, a Hoot, 697; People v. Fancher, 4 T. & C. 467; s. c., 2 Hun, 226. (10) Whart. Cr. L., 343; Offutt v. Parrott, 1 Cranch, 154; State v. Doty, 8 Vroom, 403. (11) De Witt ads. People, 3 Johns. Cas. 568. (12) L'Amcureux. Crosby, 2 Paige, 422; Dias v. Merle, id. 494; Brockway. Copp. id. 579; Matter of Heller, 3 id. 199; Matter of Lynch, 5 id. 120; Matter of Hopper, id. 489. § 15. [Amended, 1877.] No punishment for nonpayment of interlocutory costs. But a person shall not be arrested or imprisoned, for the non-payment of costs, awarded otherwise than by a final judgment, or a final order, made in a special proceeding instituted by State writ, except where an attorney, counsellor, or other officer of the court, is ordered to pay costs for miscon duct as such, or a witness is ordered to pay costs on an attachment for non-attendance. L. 1847, ch. 390,2 (3 R. S., 5th ed., 126; 4 Edm. 630). Matter of Kelly, T. & C. 117; s. c., 3 Hun, 636; Livingston e. Fitzgerald, 2 Barb. 398; Lorton v. Seaman, 9 Paige, 609; Gray . Cook, 24 How. 432; Hulsaver ♥. Wiles, 11 id. 446; Kearney's case, 13 Abb. 459; s. c., 13 How. 191. 16. Id.; money due upon a contract. Except is a case where it is otherwise specially prescribed by law, a person shall not be arrested or imprisoned for disobedience to a judgment or order, requiring the payment of money due upon a contract, express or implied, or as damages for non-performance of a contract. L. 1831, ch. 300, § 1 (3 R. S., 5th ed., 126; 4 Edm. 465), am'd. § 17. [Amended, 1895.] Rules of courts of record, how made and revised. The justices assigned to the appellate division of the supreme court shall meet in convention at the capitol in the city of Albany, on the fourth Tuesday in October, eighteen hundred and ninety-five, and at least every second year thereafter. They must also meet from time to time at the same place whenever called together by at least five of said justices at a time to be fixed in the said call, a copy of which shall be delivered at least one week before the time fixed to the presiding justice of each department. The convention must establish rules of practice not inconsistent with this act which shall be binding upon all the courts in this State and all the judges and justices thereof, except the court for the trial of impeachments and the court of appeals. A majority of the members of such convention shall constitute a quorum. The rules thus established are styled in this act "the general rules of practice." The convention shall have power to appoint and remove a reporter; and must also adopt a seal for each department of the appellate division of the supreme court. A description of each of the seals specified in this section must be deposited and recorded in the office of the secretary of state and niust remain of record. The expense of such seals must be paid from the State treasury. In effect June 26, 1895; L. 1895, ch. 946. 18. Rules to be published. - A rule thus estab lished, or a general rule or order of the court of appeals, does not take effect, until it has been published in the newspaper published at Albany, in which legal notices are required by law to be published, once in each week for three successive weeks. L. 1847, ch. 470, § 4 (3 R. S., 5th ed., 262; 4 Edm. 582). § 19. [Amended, 1895.] Courts to order calendar printed. The supreme court or a county court may, from time to time, by order, require the clerk to cause to be printed for the use of the members and officers thereof, the necessary copies of the calendar of causes, prepared for a term of the court. But this section does not apply to the city and county of New York. In effect Jan. 1, 1896; L. 1895, ch. 946. § 20. Expense to be a county charge. The expense of printing the copies of the calendar for a term shall be a charge upon the county in which the term is held; and must be audited, allowed, and paid, by the board of supervisors thereof, in like manner as other contingent county charges. Id. § 2. § 21. [Amended, 1895.] Certain papers may be destroyed. The appellate division of the supreme court, in any department, may, by order made at any term thereof, direct a county clerk to destroy any of the following papers, now filed, or hereafter to be filed in his office, which the court deems to have become useless, to wit: pleadings, or copies of pleadings furnished for the use of the court; jury panels; returns of inferior courts, which have been embodied in judgmentrecords or judgment-rolls; inn-keepers' licenses, ten years old; and returns of election district canvassers, twenty years old, which have been copied, pursuant to law, into books preserved in his office. But this provision does not authorize the destruction of a judgment-roll, or a paper incorporated or necessary to be incorporated into a judgment-roll. In effect Jan. 1, 1896; Laws 1895, ch. 946. 22 Writs, etc., in name of the people, and in English; abbreviations. - Except where it is otherwise specially prescribed by law, a writ or other process must be in the name of the people of the State, and each writ, process, record, pleading or other proceeding in a court, or before an officer, must be in the English language, and, unless it is oral, made out on paper or parchment, in a fair legible character, in words at length, and not abbreviated. But the proper and known names of process, and technical words, may be expressed in appropriate language, as now is, and heretofore has been customary; such abbreviations as are now commonly employed in the English language may be used; and numbers may be expressed by Arabic figures, or Roman numerals, in the customary manner. 2 R. 8. 275, 8 and 9 (3 R. S., 5th ed., 467; 2 Edm. 285), consolidated. § 23. Id.; teste and return. A writ or other process, issued out of a court of record, must be tested, except where it is otherwise specially prescribed by law, in the name of a judge of the court, on any day; must be returnable within the time prescribed by law; or, if ne 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 pro scribed by law. 2 R. S. 279, 9; L. 1847, ch. 280, 57; L. 1847, ch. 470, 43. Buna . Thomas, 2 Johns. 190; Burk . Barnard, 4 id. 309; Jackson v. Crane, i Cow. 38; Cramer v. Van Alstyne, 9 Johns. 386; Anonymous, 16 d. 1; Sloan . Wattles, 13 1d. 158; Sullivan v. Alexander, 18 id. 3; Lynch Mechanics' Bank, 13 id. 127; Hayward v. Hoyt, 9 Wend. 484; Gria wold 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; Churchill . 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 determination. After a judge is out of office, he may settle a case or exceptions, or inake any return of proceedings, had before him while he was in office, and may be compelled 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 pro. ceedings 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., |