§ 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 guilty 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 such 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.

IV. Commissioners to take affidavits and the proof or acknowledgment of deeds, out of this state.

CHAPTER I.

ARTICLE I. Jurors, in general.

II. Their qualifications and exemptions.

III. Manner of returning the grand jury list, and drawing and summoning

the grand jury.

IV. Manner of returning the trial jury list, except in the city of New-
York.

V. Manner of returning the trial jury list, in the city of New-York.
VI. Drawing and summoning the trial jury for the circuits and courts of
oyer and terminer, the superior court and court of common pleas
of the city of New-York, the courts of sessions, and the county,
surrogates' and city courts.

VII. Drawing and summoning the trial jury, for the marine court of the
city of New-York.

VIII. Drawing and summoning the trial jury, for the justices' and police

courts.

IX. Drawing and summoning the trial jury, in special proceedings.
X. Manner of returning special jurors.

ARTICLE I.

JURORS, IN GENERAL.

SECTION 244. Definition of a jury.

245. Different kinds of juries.
245. Definition of a grand jury.

247. Definition of a trial jury.

248. Definition of a jury of inquest.

249. Number of a trial jury.

250. Foreign juries, juries de me hetate linguæ, and trial at bar, abolished.

§ 244. A jury is a body of men temporarily selected from the citizens of a particular district, and invested with the power to present or indict a person for a public offence, or to try a question of fact.

245. A jury is of three kinds:

1. A grand jury:

2. A trial jury: and,

3. A jury of inquest.

§ 246. A grand jury is a body of men, not less than sixteen nor more than twenty-three in number, returned at stated periods from the citizens of the county, before a court of competent jurisdiction, and chosen by lot and sworn to inquire of public offences committed or triable within the county.

§ 247. A trial jury is a body of men, returned from the citizens of a particular district, before a court or officer of competent jurisdiction, and chosen by lot and sworn to try and determine, by an unanimous verdict, a question of fact.

§ 248. A jury of inquest is a body of men, summoned from the citizens of a particular district, before the sheriff, coroner, or other ministerial officer, to inquire of particular facts.

§ 249. A trial jury consists of twelve men, except as otherwise provided in this code in respect to a justice's or police court, or a special proceeding.

§ 250. Foreign juries, juries de medietate lingua, and trials by a jury at the bar of the court, are abolished; and no question of fact triable by a jury, can be tried except by a jury returned, chosen and sworn as provided in this code.