interest requires it. The court may, by general rules, provide what causes shall have a preference on the calendar. On a second and each subsequent appeal to the court of appeals, or when an appeal has once been dismissed for defect or irregularity, the cause shall be placed upon the calendar as of the time of filing the first appeal, and may be noticed and put on the calendar for any succeeding term; and whenever, in any action or proceeding in which the people of this state, or any state officer, or any board of state officers, is or are sole plaintiff or defendant, an appeal has been or shall be brought from any judgment or order for or against him or them, in any court, such appeal shall have a preference in the supreme court and in the court of appeals, and may be moved by either party out of the order on the calendar. And actions in which one of two or more plaintiffs or defendants shall have died pending the action, and the pendency of the action prevents a final settlement of the estate of the deceased party, shall be preferred on the calendar.

14. The concurrence of five judges is necessary to pronounce a judgment. If five do not concur the case must be reheard. But no more than two rehearings shall be had, and if on the second rehearing five judges do not concur the judgment shall be affirmed. When five of the judges do not concur, and a rehearing of the case is ordered, the judges shall file the opinions read by them with the reporter of the court, but such opinions

shall not be published. No person other than the judges of the court, the reporter of the court, or the counsel or attorney of either of the parties to the action, shall have access to or a copy of the said opinions, but such counsel or attorney may have access to, and a copy thereof.

§ 15. If at a term of the court of appeals, proper and convenient rooms, both for the consultation of the judges and the holding of the court, with furniture, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of its business, be not provided for it, in the place where by law the court may be held, the court may order the sheriff of the county to make such provision, and the expense incurred by him in carrying the order into effect, shall be a county charge.

same city

§ 16. The court of appeals may be held in other buildings than those designated by law as places for holding courts, and at a different place in the from that at which it is appointed to be held. or more of the judges may adjourn the court, like effect as if all were present.

Any one with the

17. All statutes now in force, providing for the designation of the times and places of holding the general and special terms of the supreme court, and the circuit courts and courts of oyer and terminer, and of the judges who shall hold the same, are repealed from and after the 1st day of July, 1848; and the order of the supreme court, adopted July 14, 1847, prescribing the times and places of holding the general and special terms of the court, and the circuit courts and

§ 22 courts of oyer and terminer, during the residue of the year 1847 and for the years 1848 and 1849, and assigning the business and duties thereof to the several judges of the court is, from and after the 1st day of July, 1848, abrogated; and the provisions of this title are substituted in place thereof.

§ 18. At least four general terms of the supreme court shall be held annually in each judicial district, and as many more as the judges in such district shall appoint, at such times and places as a majority of the judges of such district shall appoint.

$19. The concurrence of a majority of the judges holding a general term, shall be necessary to pronounce a judgment. If a majority do not concur, the case shall be reheard.

20. There shall be at least two terms of the circuit court and court of oyer and terminer held annually in each of the counties of this state, and as many more terms thereof, and as many special terms, as the judges of each judicial district shall appoint therein, but at least one special term shall be held annually in each of said counties. Fulton and Hamilton shall be considered one county for the purposes of this section.

§ 21. Circuit courts, and courts of oyer and terminer, shall be held at the same places, and commenced on the same day.

22. The governor shall, on or before the first day of May, 1848, by appointment in writing, designate the times and places of holding the general and special

terms, circuit courts, and courts of oyer and terminer, and the judges by whom they shall be held; which appointment shall take effect on the first day of July thereafter, and shall continue until the thirty-first day of December, 1849. The judges of the supreme court of each district, shall, in like manner, at least one month before the expiration of that time, appoint the times and places of holding those courts for two years, commencing on the first day of January, 1850, and so on, for every two succeeding years, in their respective districts.

§ 23. The governor may also appoint extraordinary general and special terms, circuit courts, and courts of oyer and terminer whenever, in his judgment, the public good shall require it.

$24. The places appointed within the several counties, for holding the general and special terms, circuit courts and courts of oyer and terminer, shall be those designated by statute for holding county or circuit courts. If a room for holding the court in such place shall not be provided by the supervisors, it may be held in any room provided for that purpose, by the sheriff, as prescribed by section twenty-eight.

General and special terms of the supreme or county courts and circuit courts and courts of oyer and ter miner, may be adjourned to be held cn any future day, by an entry to be made in the minutes of the court; and juries may be drawn and summoned for an adjourned circuit or county court, or an adjourned court of oyer and terminer, and causes may be noticed for trial at an adjourned circuit or county court, in the same manner as if such courts were held by original appointment.

And special terms may be adjourned to be held at a future day at the chambers of any justice of said court residing within the district, by an entry in the same manner, and then adjourned from time to time, as the justice holding the same shall order and direct.

$25. Every appointment so made, shall be imme diately transmitted to the secretary of state, who shall cause it to be published in the newspaper, printed at Albany, in which legal notices are required to be inserted, at least once in each week, for three weeks before the holding of any court in pursuance thereof. The expense of the publication shall be paid out of the treasury of the state.

§ 26. In case of the inability, for any cause, of a judge assigned for that purpose, to hold a special term or circuit court, or sit at a general term, or preside at a court of oyer and terminer, any other judge may do so.

27. The judges shall at all reasonable time, when not engaged in holding court, transact such other business as may be done out of court. Every proceeding commenced before one of the judges, in the first judicial district, may be continued before another, with the same effect as if commenced before him.

$28. The supervisors of the several counties shall provide the courts appointed to be held therein with room, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of their business. If the supervisors neglect, the court may order the sheriff to do so; and the expense incurred by him in carrying the order into effect, when certified by the court, shall be a county charge.