CHAPTER XVI.

GENERAL PROVISIONS RESPECTING THE COURTS OF JUSTICE.

ARTICLE I. Publicity of their proceed, ngs

II. Their incidental powers and duties.

III. Particular disqualifications of judges.

IV. Judicial days.

V. Particular provisions respecting the places of holding the courts of justice.

VI. Proceedings, when judges do not attend to hold a court.

VII. Seals.

ARTICLE I.

PUBLICITY OF THE PROCEEDINGS OF THE COURTS OF JUSTICE.

SECTION 182. Sittings of courts to be public.

183. Trial of civil cases may be in private, upon agreement of parties and order of court.

§ 182. The sittings of every court of justice, other than a court of conciliation, are public, except as provided in the next section.

§ 183. Upon the agreement of the parties to a civil action, or a proceeding of a civil nature, filed with the clerk, or entered upon the minutes, the court may direct the trial of an issue of law or of fact, or any other proceeding therein, to be private; and upon such direction, all persons shall be excluded, except the officers of the court, the parties, their witnesses and counsel.

ARTICLE II.

INCIDENTAL POWERS AND DUTIES OF THE COURTS OF JUSTICE.

SECTION 184. Powers of courts respecting the conduct of judicial proceedings. 185. Court of appeals and supreme court may make rules of practice,

to carry this code into effect.

186. Rules of supreme court, to what courts applicable.

§ 184. Every court, except a court of conciliation, has power,

1. To preserve and enforce order in its immediate presence:

2. To enforce order in the proceedings before it, or before a person or body empowered to conduct a judicial investigation, under its authority:

3. To provide for the orderly conduct of proceedings before it or its officers:

4. To compel obedience to its judgments, orders and process, and to the orders of a judge out of court, in an action or proceeding pending therein:

5. To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto :

6. To compel the attendance of persons, to testify, in an action or proceeding pending therein, in the cases and manner provided in this code:

7. To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties.

8. To amend and control its process and orders, so as to make them conformable to law and justice:

§ 185. For the effectual exercise of the powers conferred by the last section, the court may punish for contempt, in the cases provided in this code.

§ 186. In furtherance of the objects embraced in section 3, the court of appeals and the supreme court in general session, may from time to time, make such rules, and such only, for the practice in those courts, as are necessary to carry this code into effect, according to its spirit.

§ 187. The rules so made by the supreme court shall, when applicable, govern the practice in the other courts, except the court of appeals, surrogates' and justices' courts, and courts of conciliation; and no rules made by the supreme court, except at such general session of all the judges or a majority of them, are valid.

ARTICLE III.

PARTICULAR DISQUALIFICATIONS OF JUDGES.

SECTION 188. In what cases, a judge cannot act as a member of the court.

189.

190.

Not to act as attorney or counsel in his own court, or in a case removed therefrom.

Certain judges, not to act as attorneys or counsel in any court. 191. Judge, not to have partner acting as attorney or counsel in his court, or to be interested in costs therein.

§ 188. A judge cannot act as such, in a court of which he is a member, in any of the following cases:

1. In an action or proceeding to which he is a party, or in which he is interested:

2. When he is related to either party, by consanguinity or affinity within the third degree;

3. When he has been attorney, solicitor or counsel for either party, in the action or proceeding:

4. When the action or proceeding is prosecuted or defended, by a person related to him, by consanguinity or affinity within the third degree, or by a partner of a person so related, as attorney or counsel for either party:

5. When he was not present and sitting as a member of the court, at the hearing of a matter submitted for its decision.

But this section does not apply to the arrangement of the calendar, or the regulation of the order of busi

ness.

§ 189. A judge cannot act as attorney or counsel in a court of which he is a judge, or in an action or proceeding removed therefrom to another court for review. But this section does not extend to a person who acts as a judge, in virtue of his office as an alderman of a city, except in cases in which he may have acted as a member of the court.

See 2 R. S., 3d ed., 373; Laws of 1847, p. 647, sec. 48.

$ 190. A judge of the court of appeals or supreme court, or of the superior court or court of common pleas of the city of New-York, cannot act as attorney or counsel in any court.

Laws of 1847, p. 647, sec. 49.

§ 191. A judge cannot have a partner, acting as attorney or counsel in the court of which he is a judge; nor can a judge be interested in the costs of an action or proceeding in that court, except where he is a party.

Laws of 1847, p. 648, sec. 52.

ARTICLE IV.

JUDICIAL DAYS.

SECTION 192. Courts of justice, to be open every day, except as in next section. 193. Courts not to be open on certain days, except for special purposes. 194. If court appointed for or adjourned to those days, to be deemed for

next day.

195. Certain persons, not compellable to act as jurors on seventh day of the week.

196. Penalty for serving process on such persons, for or on that day.

192. The courts of justice may be held, and judicial business may be transacted, on any day, except as provided in the next section.

§ 193. No court can be opened, nor can any judicial business be transacted, on Sunday, on the first day of January, on the fourth day of July, on Christmas day, on a day on which a general election is held, or on a day appointed by the governor of this state as a day of fast or thanksgiving, except for the following purpo

ses: