If a majority of the judges of the supreme court do not attend on the first or on any other day of a term, the clerk of such court must enter such fact on record, and the judge or judges present shall adjourn the court to the next day and so on from day to day for six days, if a majority of the judges fail to appear. At the end of such period, said court must be adjourned and
all matters pending therein must stand continued until the next regular or special term. If none of the judges appear at such time, the clerk of said court may adjourn the term from day to day as provided in this section.
27-02-22. Majority of judges must concur in judgment - Effect if concurrence of majority is lacking. The concurrence of a majority of the judges of the supreme court is necessary to pronounce judgment. If a majority does not concur, the case must be reheard, but no more than two rehearings may be had. If on the second rehearing a majority of the judges does not concur, the judgment must be affirmed.