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,
202. Similar powers, when to be exercised by presiding judge.
203. Persons bound to appear at place so appointed.

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 NewYork, 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

der it necessary; and may, in the same manner revoke the order, and in his discretion appoint another place in the same city or county, for holding the court.

§ 203. When a court is held at a place appointed, as provided in the last two sections, every person held to appear at the court must, appear at the place so appointed.

§ 204. Intoxicating liquors must not, on any pretence, be sold in the court-house of a county. A violation of this section is punishable as a contempt and as a misdemeanor.

ARTICLE VI.

PROCEEDINGS, WHEN JUDGES DO NOT ATTEND, TO HOLD A COURT.

SECTION 205, 206. Adjournment of court, for want of attendance of judges.

§ 205. If no judge attend on the day appointed for holding a court, before four o'clock in the afternoon, the court shall stand adjourned until the next day at nine o'clock; and if no judge attend on that day, before four o'clock in the afternoon, it shall then stand adjourned for the term.

§ 206. If less than a sufficient number of judges attend, on the day appointed for holding a court, or on the day to which it stands adjourned, as provided in the last section, the judge or judges attending must adjourn the court until the next day at ten o'clock; and may in the same manner adjourn it from day to day, not beyond the same week, until a sufficient number of judges attend.

ARTICLE VII.

SEALS OF THE COURTS OF JUSTICE.

SECTION 207. What courts have seals.

208.

Present seals to be used till December 31, 1850.

209, 210. Secretary of state to procure new seals. Devices thereof.
211. Seals, by whom kept.

212. To what proceedings to be affixed.

213. How affixed.

§ 207. Each of the following courts, and no other, has a seal:

1. The court of appeals:

2. The supreme court:

3. The superior court of the city of New-York:

4. The court of common pleas of the city of NewYork:

5. The courts of oyer and terminer:

6. The county courts:

7. The surrogates' courts:

8. The courts of sessions:

9. The city courts:

10. The marine court of the city of New-York.

§ 208. The seals now used by these courts shall continue to be so used, until and including the thirty-first day of December, 1850. After that day, the seals devised as provided in the next section, shall be the seals thereof.