When Court may cause seal to be destroyed, cured. adjournment of any Court before the expiration of its term, shall not affect the return or service of any writ issued prior or subsequent to such adjournment. (4051.) SEC. 5. Whenever the seal of any Court shall be so new seal pre-injured that it cannot be conveniently used, the Court shall cause the same to be destroyed; and whenever the seal of any Court shall be lost or destroyed, such Court shall cause a new seal to be made, similar in all respects to the former seal, which shall become the seal of the Court. Expense of seals, how paid. Powers of Courts to punish as for (4052.) SEc. 6. The expense of a new seal for any Circuit Court, or Court of Probate, shall be paid by the County in which which such Courts are held; and the expense of new seals for other Courts shall be paid from the State Treasury. (4053.) SEC. 7. Every Court of Record shall have power to a criminal con- punish as for a criminal contempt, persons guilty of either of the following acts, and no others: tempt. Punishments for contempts. 1. Disorderly, contemptuous, or insolent behavior, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority; 2. Any breach of the peace, noise or disturbance, directly tending to interrupt its proceedings ; 3. Willful disobedience of any process or order, lawfully issued or made by it; 4. Resistance willfully offered by any person to the lawful order or process of the Court; 5. The contumacious and unlawful refusal of any person to be sworn as a witness; and when so sworn, the like refusal to answer any legal and proper interrogatory; 6. The publication of a false or grossly inaccurate report of its proceeding; but no Court can punish as a contempt the publication of true, full and fair reports of any trial, argument, proceedings or decision had in such Court. (405-4.) SEC. 8. Punishment for contempts may be by fine, or by imprisonment in the jail of the county where the Court may be sitting, or both, in the discretion of the Court; but the fine shall in no case exceed the sum of two hundred and fifty dollars, nor the imprisonment thirty days; and when any person shall be committed to prison, for the non-payment of any such fine, he shall be discharged at the expiration of thirty days. (4055.) SEc. 9. Contempts committed in the immediate view and presence of the Court may be punished summarily; in when contempts other cases the party shall be notified of the accusation, and summarily, and have a reasonable time to make his defence. may be punished when party to be notified. of offence to be (4056.) SEC. 10. Whenever any person shall be committed Circumstances for any contempt specified in this chapter, the particular cir- set forth in Warcumstances of his offence shall be set forth in the order or warrant of commitment. rant, etc. preceding Sec (4057.) SEC. 11. Nothing contained in the preceding sections Construction of shall be construed to extend to any proceeding against parties tions. or officers, as for a contempt, for the purpose of enforcing any civil right or remedy. may be indicted etc. (4058.) SEC. 12. Persons punished for a contempt under the when person preceding provisions, shall notwithstanding be liable to indict- for contempt, ment for such contempt, if the same be an indictable offence; but the Court before which a conviction shall be had on such indictment, shall, in forming its sentence, take into consideration the punishment before inflicted. etc., may appoint holding Court. (4059.) SEC. 13. Whenever it shall be deemed unsafe or when Judges, inexpedient, by reason of war, pestilence, or other public another place for calamity, to hold any Court at the time and place appointed therefor, the Justices or Judges of the Court may appoint any other place within the same county, and any other time for holding the same. how made and (4060.) SEC. 14. Every such appointment shall be made by Appointment, an order in writing, signed by the Justices or Judges making published. the same, and shall be published by advertisement in such newspaper, or in such other manner as shall be required in the order. Supervisors may (4061.) SEC. 15. Whenever there shall be no Court House in when Board of any county, or the Court House shall, for any cause, be unsafe, appoint place for inconvenient, or unfit for the holding of any Court, the Board holding Court. of Supervisors for such county may appoint some other convenient building, at, or in the vicinity of the seat of justice for such county, as a temporary place for holding such Court. (4062.) SEC. 16. The place so appointed shall be deemed Place appointed the Court House of the county for the time being, for all Court House. purposes. (4063.) SEc. 17. The sittings of every Court within this sittings of Court State shall be public, and every citizen may freely attend the same. to be deemed to be public. Judge cannot (4064.) SEC. 18. No Judge of any Court can sit as such in In what cases any cause in which he is a party, or in which he is interested, sit or take part in or in which he would be excluded from being a juror by reason decision. In what cases of consanguinity or affinity to either of the parties; nor can any Judge decide, or take part in the decision of any question which shall have been argued in the Court, when he was not present and sitting therein as a Judge. (4065.) SEC. 19. No Judge of an appellate Court, or of any or take part in Court to which a writ of certiorari or of error shall be return decision. Judge cannot practice in Court able, shall decide, or take part in the decision of any cause or matter which shall have been determined by him while sitting as a Judge of any other Court. (4066.) SEC. 20. No Judge can practice or act as a Counselof which he is lor, Solicitor, or Attorney, in the Court of which he is a Judge, except in those suits in which he shall be a party, or in the subject matter of which he shall be interested. Judge, unless a party, etc. have partner Court, or be in Judge not to (4067.) SEC. 21. No Judge shall have any partner practicing practicing in his in the Court of which he is a Judge; nor shall any Judge be terested in Costs, directly or indirectly interested in the costs of any suit that shall be brought in the Court of which he is Judge, except in those suits in which he shall be a party, or be interested. etc. In what cases compensation. (4068.) SEC. 22. No Judge, Commissioner, or other judicial to receive fees or officer, shall demand or receive any fees or other compensation for giving his advice in any matter pending before such Judge or officer, or which he has reason to believe will be brought before him for decision; or for drafting or preparing any papers or other proceedings relating to any such matter or suit; except in those cases where fees are expressly given by law to such Judge or officer, for services performed by him. (4069.) SEC. 23. No Court shall be opened or transact any day of week, ex- business on the first day of the week, unless it be for the purpose of instructing or discharging a jury, or of receiving a verdict; but this section shall not prevent the exercise of the jurisdiction of any single Magistrate, when it shall be necessary, in criminal cases, to preserve the peace, or to arrest offenders. Court not to be opened on first cept for certain purposes. Process, etc., to be in the English language, etc. (4070.) SEC. 24. All writs, process, proceedings and records in any Court within this State, shall be in the English language (except that the proper and known names of process, and technical words, may be expressed in the language heretofore and now commonly used), and shall be made out on paper or parchment, in a fair, legible character, in words at length, and not abbreviated; but such abbreviations as are now commonly used in the English language may be used and numbers may be expressed by Arabic figures, or Roman numerals, in the customary manner. age and sound ecute or defend Attorney, etc. (4071.) SEC. 25. Every person of full age and sound mind, Person of full may appear by Attorney or Solicitor, as the case may require, mind may prosin every action or plea by or against him, in any Court, or in person or by may, at his election, prosecute or defend such action or plea in person; but this provision shall not extend to criminal cases, nor shall any person be permitted to appear on the record in any civil cause in person, whilst he has an Attorney or Solicitor in such case. cers of Courts ring sitting of (4072.) SEC. 26. All officers of the several Courts of Record Privilege of offshall be liable to arrest, and may be held to bail in the same from arrest dumanner as other persons, except during the actual sitting of Court. any Court of which they are officers; and when sued with any other person, such officers shall be liable to arrest, and may be held to bail as any other persons, during the sitting of the Court of which they are officers; but no Attorney, Solicitor or Counsellor shall be exempt from arrest during the sitting of the Court of which he is an officer, unless he shall be employed in some cause pending and then to be heard in such Court. ed to appear as suit previously (4073.) SEC. 27. No person shall be employed or allowed to No person allow appear as Counsel, Solicitor or Attorney, before any Court, attorney, etc., in in any suit which shall have been previously determined before determined by himself, as a Judge or Justice of the Peace. him as a magistrate. CHAPTER CXXI. OF PROCEEDINGS AS FOR CONTEMPTS то ENFORCE CIVIL SECTION 4086. To be discharged on giving Bond. 4087. When to be discharged on order of Court 4088. When penalty to be one hundred dollars. 4090. Neglect to return attachment. 4091. Defendant, how kept. 4092. Interrogatories, evidence, etc. 4094. When sum to be paid to indemnify party 4095. Fine in other cases. 4096. Time of imprisonment. SECTION 4097. Order what to specify. 4098. When to be imprisoned six months, etc. 4102. Damages therein. 4103. When Bond to be sued by Attorney Gene- 4104. Recovery; Application thereof. 4106. Sickness of Defendant, etc.; Persons ar- R. S. of N. Y., Title 13, Chap. 8, Cases in which Courts of Record misconduct. Chapter One Hundred and Twenty-One of Revised Statutes of 1846. (4074.) SECTION 1. Every Court of Record shall have power may punish for to punish by fine and imprisonment, or either, any neglect or violation of duty, or any misconduct, by which the rights or remedies of a party in a cause or matter depending in such Court, or triable therein, may be defeated, impaired, impeded or prejudiced in the following cases: Paige, 578. 1. All Attorneys, Counsellors, Solicitors, Clerks, Registers, Sheriffs, Coroners, and all other persons in any manner duly elected or appointed to perform any judicial or ministerial services, for any misbehavior in such office or trust, or for any willful neglect or violation of duty therein; for disobedience of any process of such Court, or any lawful order thereof, or of any lawful order of a Judge of such Court, or any officer authorized to perform the duties of such Judge; 2. Parties to suits for putting in fictitious bail or sureties, or for any deceit, or abuse of the process or proceedings of the Court; 3. Parties to suits, Attorneys, Counsellors, Solicitors, and all other persons, for the non-payment of any sum of money ordered by such Court to be paid, in cases where by law execution cannot be awarded for the collection of such sum; and any other disobedience to any lawful order, decree or process of such Court; 4. All persons for assuming to be officers, Attorneys, Solici tors, or Counsellors of any Court, and acting as such without authority; for rescuing any property or persons, which shall be in the custody of any officer by virtue of process issued from such Court; for unlawfully detaining any witness or party to a suit, while going to, remaining at, or returning from the Court where such suit shall be noticed for trial; and |