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 par ty: 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: 1. To give, upon their request, instructions to a jury then deliberating on their verdict: 2. To receive a verdict, or discharge a jury: 3. For the exercise of the powers of a single magistrate, in a criminal action, or in a proceeding of a criminal nature. § 194. If any of the days mentioned in the last section happen to be a day appointed for the holding of a court, or to which it is adjourned, it is deemed appointed for, or adjourned to the next day. § 195. A person, whose religious faith and practice are to keep the seventh day of the week, as a day set apart by divine command, as the Sabbath of rest from labor and dedicated to the worship of God, cannot be compelled on that day to attend as a juror. § 196. A person, who shall, on that day, knowingly and maliciously serve, or cause to be served, upon one who is exempted as provided in the last section, process issued from a justice's court, returnable on that or any other day, or who shall, before that day, knowingly and maliciously serve upon him such process returnable thereon, is guilty of a misdemeanor, and may be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding thirty days, or both. As to the last two sections, see Laws of 1847, p. 451, ch. 349. ARTICLE V. PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS OF JUSTICE. SECTION 197. Courts, where to be held. 198. On agreement of parties and order of court, trial of a civil case may be had elsewhere. 199, 200. Accommodations for court and jury, by whom and how furnished. 201. Governor may, in certain cases, change place of holding court. 204. Intoxicating liquors, not to be sold in court-house. § 197. Every court of justice must sit at the places designated for that purpose in this code, except as provided in the next five sections. § 198. 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 that the trial of an issue of law or of fact, or any other proceeding therein, be had elsewhere than at the courthouse. § 199. The supervisors of a county in which a term of the court of appeals, or a term or circuit of the supreme court, or a term of a court of oyer and terminer or sessions, or county court, is appointed to be held, must provide the court with rooms, furniture, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of its business, and for the jury attending upon it. The common council of the city in which a term of a city court, and in the city of New-York, a term of the superior court or court of common pleas of that city, is appointed to be held, must make for those courts the same provision. § 200. If a board of supervisors or common council neglect to make the provision required by the last section, the court may order the sheriff to do so; and the expense incurred by him in carrying the order into ef fect, when certified by the court, is a county or city charge. §201. The governor may, by proclamation filed with the secretary of state and published as he may prescribe, direct that a session of the court for the trial of impeachments, a term of the court of appeals, a term or circuit of the supreme court, or a term of a court of oyer and terminer or sessions, be held at a place other than that appointed, when war, pestilence or other public calamity, or the danger thereof, may render it necessary; and may in the same manner revoke the proclamation, and in his discretion appoint another place for holding the court. § 202. A judge authorised to hold or preside at a court appointed to be held in a city or town, may, by an order filed with the county clerk, and published as he may prescribe, direct that the court be held or continued at any other place in the city or county than that appointed, when war, pestilence or other public calamity, or the danger thereof, or the destruction of the building appointed for holding the court, may ren |