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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.
236. Vacancy in office of judge or surrogate, how determined.

237. City judge, in New-York.

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.

$237. In the city of New-York, there is a judicial officer, known as the city judge of the city of New-York. His election, term of office, and compensation, are provided for by special statutes. His duties are prescribed by particular provisions of this code.

CHAPTER VII.

MISCELLANEOUS PROVISIONS, RESPECTING COURTS AND JUDICIAL

OFFICERS.

SECTION 238. No proceeding affected by vacancy in office of judge.

239. Application to court or judge, how addressed.

240. Proceedings to be in English.

241. Judicial officer, how punishable for misconduct.

242. Power of court or judicial officer to adjourn proceedings. Proceedings out of court, when to be continued before another officer. 213. Means to be used by court or judicial officer, to execute his powers.

§ 238. No proceeding in a court of justice in an action or special proceeding pending therein, is affected by a vacancy in the office of all or any of the judges, or by the failure of a term thereof.

§ 239. An application or other proceeding addressed to a court, must be addressed to it by its style, as given in this code; and when the name of a judge is mentioned in an order or other proceeding in court, it must be mentioned without any other title than his style of office. An application or other proceeding addressed to a judicial officer, must be addressed to him by his name, without any other title than his style of office.

§ 240. Every written proceeding in a court of justice of this state, or before a judicial officer, must be in the

English language: but such abbreviations as are now commonly used in that language, may be used, and numbers may be expressed by figures or numerals, in the customary manner.

§ 241. A judicial officer is guilty of a misdemeanor, and is also liable to a civil action, at the suit of a party aggrieved, when he performs an official act corruptly, or wilfully neglects or violates an official duty.

It is held, that, by the common law, a judge of a court of record is not accountable in a civil action for misconduct as such judge, though he act corruptly. Cunningham vs. Bucklin, 8 Cow., 178; Yates vs. Lansing, 5 John., 282, 9 John., 395. It is easy to perceive that this is a law, made by judges and not by the legislature, or, to use the more expressive phrase of Bentham, judge-made law. The principle does not obtain, it is believed, in the jurisprudence of countries, where there is a written code. There are many cases, in which, by the law of continental Europe, a judge is held to be guy of a denial of justice, (deni, e justice,) and responsible to the party.

242. A court or judicial officer has power to create or fill a vacancy in any office held by appointment thereof, or to adjourn any proceeding from time to time, as may be necessary, unless otherwise expressly provided, by a particular provision of this code; and a special proceeding, or a proceeding in an action, out of court, commenced before a judicial officer, may be continued before any other judicial officer, before whom it might have been commenced.

§ 243. When jurisdiction is, by this code, or by any other statute, conferred on a court or judicial officer, all the means to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding be not specifically pointed out by this code, any suitable process or mode of proceeding may be adopted, which may appear most conformable to the spirit of this code.

In these few provisions respecting the duties of courts and judicial officers, we trust we have not lost sight of what is due both to the public and the judges. The office of judge is one of the greatest with which a human being can be clothed. To him who exercises it with the knowledge, the integrity, the firmness and the dignity, which befit a judicial station there is no name of respect too great. And in the same degree should he, who yields himself to prejudice or caprice, or by neglect, levity or rudeness, dishonors his office, receive, as he deserves, the severest condemnation.

The bench is best protected by a vigilant and unsparing public opinion. Immunity is its danger. Impressed with 1ch views, we have framed these and other provisions of this code, for the purpose as well of supporting the judiciary in the discharge of its duty, as of turning upon it the eye of the whole community. That community will certainly sustain a judge in the performance of his whole duty, while it will as certainly punish a departure from it.

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