on such terms and under such regulations as it deems just; and thereupon the issue must be tried accordingly. After the trial, the clerk of the county, in which it has taken place, must certify the minutes thereof; which must be filed with the clerk of the court, in which the action or special proceeding is pending. The subsequent proceedings in the last mentioned court must be the same, as if the issue had been tried therein.

$219. The departments into which the State is divided, for the purposes of organizing and holding general terms of the supreme court, are styled, in this act, judicial departments. There is a general term of the supreme court in each judicial department, composed of a presiding justice and two associate justices, designated from the whole bench of justices of the supreme court, as prescribed in the next two sections. The justices so designated are styled in this act, general term justices.

$220. A presiding justice shall act as such, during his official term as a justice of the supreme court, and an associate justice for five years from the thirty-first day of December, next after his designation; or until the earlier close of his official term. But the Govenor may, at any time, upor the written request of a general term justice, revoke his designation.

§ 221. Within three months before a vacancy is to occur by lapse of time, or as soon after its occurrence as practicable, the Govenor must designate, from the whole bench of justices of the supreme court, another presiding or associate justice, as the case requires. The person so designated shall act as presiding or associate justice, for the period specified in the last section. When a vacancy occurs, for any cause except lapse of time, the Govenor must designate a presiding or associate justice, as the case requires. An associate justice, thus designated, shall act for his predecessor's unexpired time, or until the earlier close of his official term.

§ 222. Where the Governor revokes the designation of a general term justice, as prescribed in the last section but one he may prescribe the duties to be performed by that justice, in holding court in any part of the State, from the time of such revocation until the taking effect of the next appointment of terms, as prescribed in section two hundred and thirty-two of this act, for the judicial department to which that justice belongs.

§ 223. A designation of a general term justice, or a revocation thereof, must be in writing, and filed in the office of the Secretary of State. The request of the justice whose designation is revoked, must be filed with the revocation.

§ 224. A presiding justice, designated for a judicial department, may preside at a general term, held in another department, if the presiding justice of that department is absent, or disqualified from acting; and an associate justice may act as such, at a general term held in another department, in place of an associate justice of that department, who is in like manner absent or disqualified.

§225. [Am'd 1877.1 On or before the first day of De cember, in the year eighteen hundred and seventy-eight, and each second year thereafter, the general term justices in each judicial department, or a majority of them, must appoint the

times and places for holding the general terms of the supreme court, within their judicial department, for two years from the first day of January, of the year then next following. They must so designate at least one general term in each year, to be held in each of the judicial districts composing the department.

§ 226. An appointment so made must be signed by the justices making it, and filed on or before the fifteenth day of December of the same year, in the office of Secretary of State; who must immediately thereafter publish a copy thereof in the newspaper printed at Albany, in which legal notices are required to be published, at least once in each week, for four successive weeks. The expense of the publication is payable out of the treasury of the State.

$227. If an appointment of general terms is not made or filed, before the expiration of the time specified therefor in the last two sections, it may be made or filed at the earliest convenient time thereafter; and the terms appointed thereby may be held pursuant to the same, after it has been published for the length of time, prescribed in the last section.

§ 228. [Am'd 1881, 1893, amendment to take effect Sept. 1, 1893.] If a presiding justice is not present, at the time and place appointed for holding a general term, the associate justice present, having served the longest time as such, or, if two are present who have served the sime length of time, the elder of them must act as presiding justice until a presiding justice attends. If only one general term justice is present, he may select one or two justices of the supreme court to hold with him the general term, until two general term justices attend. If only two general term justices are present, they may select a justice of the supreme court to hold general term with them.

§ 229. [Repealed 1877.]

§ 230. A general term may be held by two justices; and the concurrence of two justices is necessary to pronounce a decision. If two do not concur, a re-argument must be ordered.

§ 231. Where an order for a re-argument has been made, as prescribed in the last section, and one of the general term justices of that judicial department is not qualified to sit in the cause, the order directing the re-argument may, in he discretion of the general term, direct it to take place, and the cause to be decided, in another judicial department, spe ified in the order. And where two of the general term justi es, in a department, are not qualified to sit in a cause, to be heard at the general term of that department, an order may be made, upon notice, by the other general term justice, or at a special term of the court held in that department, directing that the cause be heard and decided in another judicial department, specified in the order. But this section does not prevent the cause from being heard and decided, in the same judicial department, by two qualified justices, if an order, directing the same to be heard and decided in another department, has not been made.

$232. [Am'd 1886, 1893.] On or before the first day of December, in the year eighteen hundred and seventy. seven, and every second year thereafter, the justices of the supreme court, for each ju licial department, or a majority of them, must appoint the times and places for holding the

1111 Consol. Act.

sol. Act.

special terms of the supreme court, and terms of the circuit courts and courts of oyer and terminer within their department, for two years from the first day of January of the year next following; if for any reason, such an appointment is not made before the expiration of the time so specified, it must be made at the earliest convenient time thereafter. At least one special term of the supreme court, and two terms of the circuit court and of the court of oyer and terminer, must be appointed to be held in each year, in each county separately organized. Fulton and Hamilton counties shall be deemed one county for the purposes of this section. Two or more terms of the circuit court may be appointed to be held, and may be held at the same time in the city and county of New York. A term of the circuit court, and court of oyer and terminer, in any county, may be held in two or more parts whenever, in the opinion of the justice assigned to hold the term, the business to be done shall require it.

§ 233. An appointment so made must be signed by the justices making it, and immediately filed in the office of the Secretary of State, who must publish a copy thereof in the newspaper, printed at Albany, in which legal notices are required to be published, at least once in each week, for three successive weeks, before the holding of a term in pursuance thereof. The expense of the publication is payable out of the treasury of the State.

§ 234. The Governor may, when, in his opinion, the public interest so requires, appoint one or more extraordinary general or special terms of the supreme court, or terms of a circuit court, or court of oyer and terminer. He must designate the time and place of holding the same, and name the justice who shall hold, or preside at each term, except a general term; and he must give notice of the appointment, in such manner as, in his judgment, the public interest requires.

§ 235. Any justice of the supreme court has power to sit at a general term, or to hold a special term of the supreme court, or a term of the circuit court, or to preside at a term of the court of oyer and terminer, for the whole or any portion of the term; and to act upon any business, which regu larly comes before the term in which he is sitting; except where he is personally disqualified from sitting, in a particular action or special proceeding. Each justice must, at all reasonable times, when not engaged in holding court, transact such judicial business as may be done out of court.

$236. [Am'd 1880.] The Governor may, when, in his 1110 Con- opinion, the public interest so requires, designate one or more judges of the superior court of the city of New York, or of the court of common pleas of the city and county of New York, to hold terms of the circuit court, and special terms of the supreme court in that city. The designation must be in writing, and must specify each term, and the judge designated to hold the same. A case or exceptions, in a cause tried at such term, must be settled before the judge who held the same; and a judge thus designated may, after the expiration of the period of such designation, decide, finally determine, and dispose of any action, proceeding or motion, that may have been tried or heard before him; and such judge, during the period of such designation, posseses, within the city of New York, all the powers of a justice of the supreme court, in or out of court, to make orders in any action or special proceeding in the supreme court.

§ 237. If a general or special term of the supreme court, or a term of the circuit court, or court of oyer and terminer, duly appointed, is in danger of failing, the Governor may designate one or more justices of the supreme court, as the case requires, to preside at the term of the court of oyer and terminer, or to hold the term of the supreme court, or circuit court, in the absence of the justice or justices appointed to preside at or hold the same.

§ 238. The place appointed within each county, for holding a special term of the supreme court, at which issues of fact are triable, or a term of the circuit court, or court of oyer and terminer, must be that designated by statute, for holding the county or circuit court.

§ 239. A special term of the supreme court may be adjourned to a future day, and to the chambers of any justice of the court, residing within the judicial district, by an entry in the minutes; and then adjourned from time to time, as the justice holding the same directs. An action triable by the court, without a jury, which was upon the calendar of the term before it was adjourned, may be tried at a term so adjourned, and held at chambers, by consent of both parties, but not otherwise. In that case, the attendance of the clerk, the sheriff, the crier, or a constable, is not required, unless the justice directs one or more of those officers to attend.

$ 240. Each judge of the superior court of Buffalo may, within that city, make an order in an action or special proceeding, pending in the supreme court, which a justice of the supreme court may make, out of court.

§ 241. A judge of a superior city court, within his city, and a county judge, within his county, possesses, and upon proper application must exercise, the power conferred by law, in general language, upon an officer authorized to perform the duties of a justice of the supreme court at chambers, or out of

cart.

§ 242. [Am'd 1877, 1879.] A general term must be attended by the sheriff of the county in which it is held, his under sheriff, or one of his deputies; by two constables or police officers, notified by the sheriff; by a crier for courts within the county; and by the county clerk, or his deputy or special deputy; all of whom must act under the direction of the court, or of the presiding justice. The sheriff of the county must cause the room in which the general term is held to be properly heated, ventilated, lighted and kept comfortably clean and in order. The court may enforce the performance of that duty by the sheriff. The sheriff must also provide the court with all necessary stationery and minute books upon the written requisition of the court or of the justice presiding at the term.

§ 243. The fees of a crier, a sheriff, a constable or a police officer, for attending a general term, and all expenses incurred by a sheriff in obedience to the last section, must be audited by the Comptroller, and paid out of the treasury of the State. The fees and proper charges of the clerk, for services rendered at or preparatory to a general term, and not legally chargeable to an attorney or a party, are a county charge.

25 Hun, 254; 46 Id. 408. 121 N.Y.679.

245. Term of office; how appointed and removed.

246. Meeting for appointment or removal.

247. Special meeting for the

same purpose.

2248. Papers and opinions to be furnished to the reporter. 249. Duty of reporter; no salary to be paid to him. 250. Price of the volumes of reports.

§ 244. The reporter of the decisions of the supreme court is styled the supreme court reporter; and each provision of a statute, wherein the supreme court reporter is mentioned, applies to that officer.

§ 245. The term of office of the supreme court reporter is five years from the time of his appointment, and until his successor is appointed and qualifies. He must be appointed and may be removed, for cause, by the general term justices of the supreme court, or a majority of such of them as attend at a convention, held as prescribed in the next two sections. An appointment or removal must be in writing; it must be signed by the justices making it, and filed in the office of the Secretary of State; otherwise it is of no effect.

§ 246. [Am'd 1877.] The general term justices of the supreme court must meet in convention, at the capitol in the city of Albany, at noon of the day when the term of office of the supreme court reporter expires, for the purpose of appointing a supreme court reporter in his place. If that day is Sunday or a public holiday, the convention must be held at the same time and place, on the first day thereafter, not being Sunday or a public holiday. If an appointment is not made at such a meeting, it may be made at a special meeting of the convention, held as prescribed in the next section. The supreme court reporter may be removed at such a special meeting.

§ 247. A special meeting of the convention, for the appointment or removal of a supreme court reporter, must be held at the capitol in the city of Albany; but it may be adjourned to any other place. It may be called by a presiding justice, by written or printed notice stating the object of the meeting, and served, personally or through the post-office, upon each of the general term justices, at least two weeks before the time appointed therefor. If the object of the meeting is to consider the question of the removal of the supreme court reporter, the notice must be accompanied with a copy of the grounds, alleged for the removal; and both must be served upon the supreme court reporter, personally, or by leaving them at his last place of residence, with some person of suitable age and discretion, at least ten days before the time appointed for the meeting.

§ 248. In each cause heard, at a general term of the supreme court, the attorney or counsel for each party must deliver to the clerk, for the use of the supreme court reporter, a duplicate of each paper furnished by him for the use of the court. The clerk must collect those papers from the counsel; and immediately after the adjournment of the term, he must transmit them, and certified copies of all the decisions, made at that term, to the supreme court reporter, at the latter's expense. Each judge who renders a written opinion in a cause decided at a general term, must transmit it, or a certified copy thereof, to the supreme court reporter, who must pay the ex