CHAPTER V. INCIDENTAL POWERS AND DUTIES OF JUDICIAL OFFICERS, SECTION 222. General powers of judges, out of court. 223. Power of a judge to enlarge time. 224. Powers of county judge, in cases of supreme court. 225. Subsequent application to another judge, when prohibited. 227. Further extension of time, by whom and how granted. 228, 229. Powers of judicial officers, as to conduct of proceedings before them. 229. Powers of judges of court of appeals and supreme court, in authenticating instruments, and taking affidavits. 230. Powers of other judicial officers in this respect. § 222. A judge may exercise, out of court, all the powers expressly conferred upon a judge as contradistinguished from the court. But when an order has been made in court, it cannot be suspended or affected by the order of a judge out of court. § 223. A judge, upon an affidavit showing cause therefor, may enlarge the time within which any act in an action or special proceeding before him or in his court, must be done, after its commencement and before judgment, except the time within which an appeal must be taken, or may stay proceedings therein, for the purpose of a motion to the court. But the time cannot be enlarged or the proceedings stayed for more than twenty days, except upon previous notice to the adverse party; and a copy of the affidavit must be served with the order, or the order may be disregarded; and no judge, except the one who tried the cause, un'ess he be absent from the county or unable to act, can, after a trial by the court or jury, extend the time for preparing a case, exceptions or special verdict, or stay proceedings there on. 224. If the action or proceeding be in the supreme court, the powers conferred upon a judge of that court by the last two sections, may be exercised by a county judge, in his county, where one of the parties or attor neys reside therein except as provided in this chap ter. § 225. If an application for an order, made to a judge of the court in which the action or proceeding is pending, be refused in whole or in part, or be granted conditionally, no subsequent application for the same order can be made to any other judge. 226. A violation of the last section is punishable as a contempt; and an order made contrary thereto may be revoked by the judge who made it, or vacated by a judge of the court in which the action or proceeding is pending. § 227. When the time to answer or reply, in an action in the supreme court, has been extended by a county judge, neither he nor any other county judge can grant a further extension; and if an application be made to any judge for a further extension, the applicant must show by affidavit the time of service of the pleading to be answered, the time previously granted him to answer, and when the next circuit will be held in the county. If a further extension be made by a county judge, it may be disregarded. § 228. Every judicial officer has power, 1. To preserve and enforce order in his immediate presence, and in the proceedings before him, when he is engaged in the performance of a duty imposed upon him by this code: 2. To compel obedience to his lawful orders, as provided in this code: 3. To compel the attendance of persons to testify in a proceeding pending before him, in the cases and manner provided in this code: 4. To administer oaths to persons, in a proceeding pending before him, and in all other cases where it may be necessary, in the exercise of his powers and duties. § 229. For the effectual exercise of the powers conferred by the last section, a judicial officer may punish for contempt, in the cases provided in this code. § 230. The judges of the court of appeals, and of the supreme court, have power, in any part of the state, to take and certify, 1. The proof and acknowledgment of a conveyance of real property, or of any other written instrument: 2. The acknowledgment of satisfaction of a judgment in any court, including a judgment of a justice's court, or of the marine court of the city of New-York, when a transcript thereof has been filed with a county clerk: 3. An affidavit to be used in any court of justice of this state : 4. To exercise any other power, and perform any other duty conferred or imposed upon them by this code, or by other statutes. § 231. Every other judicial officer may, within the county, city, village, town, district or ward, in which he is elected or appointed, 1. Exercise the powers mentioned in the first three subdivisions of the last section: 2. Exercise any other power, and perform any other duty, conferred or imposed upon him by this code or by other statutes. CHAPTER VI. VACANCIES IN OFFICE, AND THE POWERS OF CERTAIN SPECIAL JUDGES. SECTION 232. The special county judge. 233. His powers. 234. Who to act as surrogate, when there is no surrogate, county judge or special county judge to act. 235. Powers of special county judge, in cases in supreme court, § 232. The local officer, for whose election in certain cases provision is made by section fifteen of the sixth artiticle of the constitution, is in this code known as a special county judge. § 233. In case of the inability of a county judge or surrogate, or of a vacancy in his office, the special county judge is invested with his powers and charged with his duties during the inability or vacancy. § 234. In a county in which there is no special county judge,in case of inability of the surrogate, or of a vacancy in his office, his powers and duties devolve on the county judge, or if the office of judge and surrogate are united in the same person, then on the district attorney, during the vacancy or in the particular case. In the city of New-York, if the surrogate be unable to act, or there be a vacancy in his office, one of the judges of the court of common pleas, to be designated by the mayor of that city, must act as surrogate during the disability or vacancy. § 235. A special county judge has also the powers, in his county, which by law are conferred on the county judge, in actions and proceedings in the supreme court. § 236. A vacancy in the office, or the disability of a judge or surrogate, whether existing in reference to a particular action or proceeding under the provisions of section 188, or from any other cause, must be determined by an order of the supreme court, entered with the clerk of the proper county. The order may be made upon affidavit, without notice, or upon notice, or upon an order to show cause, in the discretion of the court. |