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TITLE 2.

the same.

hold terms. writing, and must specify each term, and the judge designated to hold A case or exceptions, in a cause tried at such a term, must be settled before the judge who held the same.

Governor to desig

nate just

courts in

§ 237. If a general or special term of the supreme court, or a term of the circuit court, or court of oyer and terminer, duly appointed, is ces to hold in danger of failing, the Governor may designate one or more justices of the supreme court, as the case requires, to preside at the term of the court of oyer and terminer, or to hold the term of the supreme court, or circuit court, in the absence of the justice or justices appointed to preside at or hold the same.

certain

cases.

Place of holding

the terms.

Special

terms ad

journed to

trials thereat.

$238. The place appointed within each county, for holding a special term of the supreme court, at which issues of fact are triable, or a term of the circuit court, or court of oyer and terminer, must be that designated by statute, for holding the county or circuit court.

§ 239. A special term of the supreme court may be adjourned to a future day, and to the chambers of any justice of the court, residing chambers; within the judicial district, by an entry in the minutes; and then adjourned from time to time, as the justice holding the same directs. An action triable by the court, without a jury, which was upon the calendar of the term before it was adjourned, may be tried at a term so adjourned, and held at chambers, by consent of both parties, but not otherwise. In that case, the attendance of the clerk, the sheriff, the crier, or a constable, is not required, unless the justice directs one or more of those officers to attend.

Judges of superior court of Buffalo

may make

orders.

What

§ 240. Each judge of the superior court of Buffalo may, within that city, make an order in an action or special proceeding, pending in the supreme court, which a justice of the supreme court may make, out of

court.

§ 241. A judge of a superior city court, within his city, and a judges may county judge, within his county, possesses, and upon proper application must exercise, the power conferred by law, in general language, chambers. upon an officer authorized to perform the duties of a justice of the supreme court at chambers, or out of court.

perform duties of justice at

quired to

Sheriff's

duty.

Officers re- § 242. A general term must be attended by the sheriff of the attend gen county in which it is held, his under-sheriff, or one of his deputies; eral term. by two constables or police officers, notified by the sheriff; by a crier for courts within the county; and by the county clerk, or his deputy, or special deputy; all of whom must act under the direction of the court, or of the presiding justice. The sheriff of the county must cause the room in which the general terin is held to be properly heated, ventilated, lighted and kept comfortably clean and in order. The court may enforce the performance of that duty by the sheriff. The sheriff must also provide the court with all necessary stationery, and minutesbooks, upon the written requisition of the court or of the justice presiding at the term.

Fees of

such offi

cers; how paid.

§ 243. The fees of a crier, a sheriff, a constable, or a police officer, for attending a general term, and all expenses incurred by a sheriff, in obedience to the last section, must be audited by the Comptroller, and paid out of the treasury of the State. The fees and proper charges of the clerk, for services rendered at or preparatory to a general term, and not legally chargeable to an attorney or a party, are a county charge.

ART. 2.

ARTICLE SECOND.

THE SUPREME COURT REPORTER.

SECTION 244. Designation of supreme court reporter.
245. Term of office; how appointed and removed.
246. Meeting for appointment or removal,

247. Special meeting for the same purpose:

248. Papers and opinions to be furnished to the reporter.
249. Duty of reporter; no salary to be paid to him.
250. Price of the volumes of reports.

tion of supremie court re

porter.

appointed

§ 244. The reporter of the decisions of the supreme court is styled Designathe supreme court reporter; and each provision of a statute, wherein the supreme court reporter is mentioned, applies to that officer. $245. The term of office of the supreme court reporter is five years Term of of from the time of his appointment, and until his successor is appointed fice; how and qualifies. He must be appointed and may be removed, for cause, and reby the general term justices of the supreme court, or a majority of such moved. of them as attend at a convention, held as prescribed in the next two sections. An appointment or removal must be in writing; it must be signed by the justices making it, and filed in the office of the Secretary of State; otherwise it is of no effect.

appoint

§ 246. The general term justices of the supreme court must meet in Meeting for convention, at the capitol in the city of Albany, at noon of the day ment when the term of office of the supreme court reporter expires, for the purpose of appointing a supreme court reporter in his place. If that day is Sunday or a public holiday, the convention must be held at the same time and place, on the first day thereafter not being Sunday or a public holiday. If an appointment is not made at such a meeting, it may be made at a special meeting of the convention, held as prescribed in the next section. The supreme court reporter may be removed at such a special meeting.

appoint

moval.

§ 247. A special meeting of the convention, for the appointment or Special removal of a supreme court reporter, must be held at the capitol in the meeting for city of Albany; but it may be adjourned to any other place. It may ment or rebe called by a presiding justice, by written or printed notice stating the object of the meeting, and served, personally or through the postoffice, upon each of the general term justices, at least two weeks before the time appointed therefor. If the object of the meeting is to consider the question of the removal of the supreme court reporter, the notice must be accompanied with a copy of the grounds, alleged for the removal; and both must be served upon the supreme court reporter, personally, or by leaving them at his last place of residence, with some person of suitable age and discretion, at least ten days before the time appointed for the meeting.

be furnish

reporter.

$248. In each cause heard, at a general term of the supreme court, Papers and the attorney or counsel for each party must deliver to the clerk, for the opinions to use of the supreme court reporter, a duplicate of each paper furnished ed to the by him for the use of the court. The clerk must collect those papers from the counsel; and immediately after the adjournment of the term, he must transmit them, and certified copies of all the decisions, made at that term, to the supreme court reporter, at the latter's expense. Each judge who renders a written opinion in a cause decided at a general term, must transmit it, or a certified copy thereof, to the supreme

TITLE 2.

porter; no

paid to

him.

court reporter, who must pay the expense of transmission, and als where a copy is transmitted, the expense of copying, not exceedin eight cents for each folio.

Duty of re- § 249. The supreme court reporter is not entitled to a salary. H Pate must report and publish such of the decisions at the general or specia terms of the court, as he deems it for the public interest to hav reported. He must also report and publish the decision in a particula cause, which the court, at a general or special term, specially direct him to report. Not more than three volumes of his reports shall b published in any one year. He must prepare for each volume, an a cause to be published therewith, the usual digest, head notes, tables contents, and index.

Price of the

volumes of

reports.

§ 250. The supreme court reporter must cause the reports, published as prescribed in the last section, to be kept constantly for sale to per sons within the State, at a price not exceeding two dollars and fifty cents, for a volume of not less than seven hundred pages.

Stenographers in first district.

Stenogra

phers for

in New

ARTICLE THIRD.

STENOGRAPHERS.

SECTION 251. Stenographers in first district.

252. Stenographers for extra terms in New-York city.

253. Stenographers for oyer and terminer in New-York city.

254. Stenographer in Kings county.

255. His assistant.

256. Stenographers in other counties of second judicial district.

257. Their salaries; how paid.

258. Stenographers for the remaining districts.

259. Their salaries; how paid.

260. Their expenses; how paid.

261. Additional stenographer when two courts held at the same time. 262. Temporary stenographer.

§ 251. The justices of the supreme court for the first judicial district, or a majority of them, must appoint, and may at pleasure remove, a stenographer for each term of the circuit court, and for each special term of the supreme court, where issues of fact are triable, which constitutes a separate part. Each stenographer so appointed is entitled to a salary, fixed and to be paid as prescribed by law. He must attend all the sittings of the part, for which he is appointed. If the judge requires a copy of any proceedings, written out at length from the stenographic notes, he may make an order, directing one-half of the stenographer's fees therefor, to be paid by each of the parties to the action or special proceeding, at the rate of ten cents for each folio so written out, and may enforce payment thereof. If there are two or more parties on the same side, the order may direct either of them to pay the sum payable by their side, for the stenographer's fees; or it may apportion the payment thereof among them, as the judge deems just.

$252. The judge who holds, in the first judicial district, an extraextra terms ordinary term of the circuit court, or an extraordinary special term of the supreme court, must appoint a stenographer for that term, who is entitled to a compensation, at the rate and in the manner prescribed by law for the official stenographer.

York city.

Stenogra phers for oyer and

$253. The judge presiding at a term of the court of over and terminer, held in and for the city and county of New-York, must desig

ART. 3.

ate a stenographer of the supreme court, to act as stenographer for terminer in
at term during its sitting, who is not entitled to any compensation New York
addition to his salary; except that, if a copy of any proceedings, city.
ritten out at length from the stenographic notes, is required for the
se of the presiding judge or the district-attorney, the stenographer's
ees therefor are payable, on his certificate, as a county charge.

pher in

§ 254. The justices of the supreme court for the second judicial dis- Stenogra rict, residing in the county of Kings, or a majority of them, must kings appoint, and may at pleasure remove, a stenographer, to be attached county. the supreme court, circuit court, and court of oyer and terminer, in and for the county of Kings. The stenographer so appointed is entiled to a salary, fixed and to be paid as prescribed by law. He must attend each term of the supreme court, at which issues of fact are triable, and each term of the circuit court and court of oyer and erminer, held in the county of Kings.

M

§ 255. The stenographer, appointed as prescribed in the last section, His assis ay, with the consent of the judge holding or presiding at a special tant. term of the supreme court, or term of the circuit court, or court of oyer and terminer, employ an assistant-stenographer, to aid him in the discharge of his duties at that term, whose compensation must be paid by the stenographer, and shall not become a county charge.

other coun

second ju

§ 256. Each justice of the supreme court for the second judicial dis- stenogra 'trict, who does not reside in the county of Kings, must appoint, and phers in may at pleasure remove, a stenographer, who must attend, as directed ties of by the justice appointing him, the general and special terms of the dicial dis Supreme court, and the terms of the circuit court and court of trict. and terminer, held in the counties of Suffolk, Queens, Richmond, Westchester, Rockland, Putnam, Dutchess, or Orange, and, when not thus officially engaged, the stated terms of the county court, in each of those counties.

oyer

$257. Each stenographer, appointed as prescribed in the last section, Their salais entitled to a salary fixed by law. To make up and pay the salaries, ries; how paid. the board of supervisors of each of the said counties must annually levy, and cause to be collected, as a county charge, a proportionate part of the sum necessary to pay the same, to be fixed by the Comptroller of the State, in accordance with the amount of the taxable real and personal property in each county, as shown by the last annual assessment-roll therein. The treasurer of each county must pay over the sum so raised, to the Comptroller of the State, who must thereupon pay the salary of each stenographer, in equal quarterly payments, under the direction of the justice making the appointment.

the remain.

tricts.

$258. The justices of the supreme court, or a majority of them, for stenograeach judicial district of the State, except the first and second, must phers for appoint, and may at pleasure remove, a stenographer of the supreme ing dis court in that district. The justices of the supreme court for the third judicial district, or a majority of them, may, in their discretion, vende appoint, and at pleasure remove, an additional stenographer, of the supreme court in that district. Each stenographer, so appointed, is entitled to a salary fixed by law, to be paid as prescribed in the next section. He must attend, within the judicial district, the terms of the circuit courts and courts of oyer and terminer, and the special terms of the supreme court, where issues of fact are triable.

1882

§ 259. The clerk of the county, in which a term of a court, specified Their salain the last section, is held, must furnish the stenographer attending ries; how the same, with a certificate of the number of days the term has been

paid.

Copyright

TITLE 2. § 212. Neither the State reporter nor any other person shall obtain a of reports. copyright for the opinions contained in the reports; and the same mav be published by any person. But the copyright of the statements of facts, of the head-notes, and of all other notes or references, prepared by the State reporter, must be taken by, and shall be vested in the Secretary of State, for the benefit of the people of the State. Secretary § 213. Of the copies of each volume of the reports, furnished to the distribute Secretary of State, he must deliver one to the clerk of each county, for the use of the county, and deposit one in the office of the attorneygeneral, one with the clerk of the court of appeals, for the use of that court, and three in the State library.

of State to

reports.

Unreport ed decis

iens, etc.,

ered by reporter to Successor.

§ 214. A State reporter must, on the appointment of his successor, deliver to him all papers in his hands, pertaining to a cause which he to be deliv- has not reported, or which are not necessary to be retained by him, to complete the publication of a volume, which is then partly printed. $215. A State reporter, after the expiration of his term of office, Opinions shall not deliver a paper specified in the last section, or a copy thereof, be deliver to any person other than his successor in office, or the publisher of a partly printed volume; except that a copy of such a paper may be furnished by him, during a vacancy in the office, to a judge of the court, or to the attorney for a party to the cause to which it relates.

etc., not to

ed, except,

etc.

Certain opinions to

ited with

§ 216. The State reporter must deposit with the clerk of the court, be depos all opinions delivered to him, which are not to be reported, immediately after the publication of the reports of the other cases, decided at the same time. They must be properly filed and preserved, by the clerk.

clerk.

TITLE II.

The supreme court, including the circuit courts.

ARTICLE 1. Jurisdiction and powers; designations of terms; distribution of business among the terms and judges; attendants upon the sittings; miscellaneous provisions.

2. The supreme court reporter.

3. Stenographers.

ARTICLE FIRST.

JURISDICTION AND POWERS; DESIGNATION OF TERMS; DISTRIBUTION OF BUSINESS
AMONG THE TERMS AND JUDGES; ATTENDANTS UPON THE SITTINGS; MISCELLANEOUS
PROVISIONS.

SECTION 217. General jurisdiction of supreme court.

38

218. Supreme court may change place of trial of actions pending in other

Courts.

219. Judicial departments; general terms.

220. Presiding and associate justices; how long to act.

221. Vacancies; how filled.

222. Assignment of duties to justice whose designation is revoked.

223. Designation, etc., to be filed with Secretary of State.

224. Presiding and associate justices may act out of their departments.

225. Times and places of holding general terms; how appointed.

226. Appointment to be published.

227. Appointment may be made or filed after the prescribed time.
228. When associate justice to preside, etc.

*229. Justice in place of one disqualified.

*Stricken out.

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