court, in the absence of the justice or justices appointed to preside at or hold the same.

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 with in 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.

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

§ 242. [am'd 1879.] A general term must be attended by the sheriff of the county in which it is held, his under sheriff, or one of his deputies; 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 term 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 minute books upon the written requisition of the court or of the justice presiding at the term.

§ 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 pr paratory to a general term, and not legally chargeable to an attorney or a party, are a county charge.

§ 244. The reporter of the decisions of the supreme court is styled the

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 from the time of his appointment, and until his successor is appointed and qualifies. He must be appointed and may be removed, for cause, by the general term justices of the supreme court, or a majority of such of them as attend at a convention, held as prescribed in the next two sections. appointment or removal must be in writing; it must be signed by the jus tices making it, and filed in the office of the Secretary of State; otherwise it is of no effect.

An

§ 246. [am'd 1877.] The general term justices of the supreme court must meet in convention, at the capitol in the city of Albany, at noon of the day 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 mecting, 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.

§ 247. A special meeting of the convention, for the appointment or removal of a supreme court reporter, must be held at the capitol in the city of Albany; but it may be adjourned to any other place. It may be called by a presiding justice, by written or printed notice stating the object of the meeting, and served, personally or through the post-office, 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.

§ 248. In each cause heard, at a general term of the supreme court, the attorney or counsel for each party must deliver to the clerk, for the use of the supreme court reporter, a duplicate of each paper furnished 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 court reporter, who must pay the expense of transmission, and also, where a copy is transmitted, the expense of copying, not exceeding eight cents for each folio.

§ 249. [am'd 1885.] The supreme court reporter is not entitled to a salary. He must report and publish such of the decisions at the general or special terms of the court, as he deems it for the public interest to have reported. He must also report and publish the decision in a particular cause, which the court, at a general or special te 'm, specially directs him to report, Not more than four volumes of his reports shall be published in any one year. He must prepare for each volume, and cause to be published therewith, the usual digest, head notes, tables of contents, and index

$250. The supreme court reporter must cause the reports, published as prescribed in the last section, to be kept constantly for sale to persons within the State, at a price not exceeding $2.50, for a volume of not less than 700 pages.

ARTICLE THIRD.

STENOGRAPHERS.

§ 251. Stenographers in first district.
252. Stenographers for extra terms in
New York city.

253. Stenographers for oyer
terminer in New York city.
254. Stenographer in Kings county.
255. His assistant.

and

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. [am'd 1880, 1883.] 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, for the general term of the supreme court, and for each special term of the supreme court 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 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 per each folio so writ ten out, and may enforce payment thereof. Any such copy shall be acces sible to and may be examined by any of the counsel in the cause. 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 extraordi. nary 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.

§ 253. The judge presiding at a term of the court of oyer and terminer, held in and for the city and county of New York, must designate a steno. grapher of the supreme court, to act as stenographer for that term during its sitting, who is not entitled to any compensation in addition to his salary; except that, if a copy of any proceedings, written out at length from the stenographic notes, is required for the use of the presiding judge or the district attorney, the stenographer's fees therefor are payable, on his certificate, as a county charge.

254. [am'd 1884.] The justices of the supreme court residing in the county of Kings, or a majority of them, must appoint and may at pleasure remove three stenographers who shall severally attend, as directed by the respective judges appointing them, the general and special terms of the supreme court, and the terms of the circuit court and court of over and terminer in the county of Kings, and shall each receive an annual salary of. twenty-five hundred dollars, and the expense thereof shall be raised with the annual tax levy as a county charge.

$ 255. The stenographer, appointed as prescribed in the last section, may, with the consent of the judge holding or presiding at a special 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.

§ 256. [am'd 1877.] Each justice of the supreme court for the second udicial district, who does not reside in the county of Kings, must appoint,

and may at pleasure remove, a stenographer, who must attend, as directed by the justice appointing him, the general and special terms of the supreme court, and the terms of the circuit court and court of oyer 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.

257. Each stenographer, appointed as prescribed in the last section, is entitled to a salary fixed by law. To make up and pay the salaries, 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 quar. terly payments, under the direction of the justice making the appointment. § 258. [am'd 1882, 1883, 1884, 1885, 1886, 1887.] The justices of the supreme court, or a majority of them, for each judicial district in the state, except the first and second, must appoint, and may at pleasure remove, a stenographer of the supreme court in that district. The justices of the supreme court of the third judicial district, or a majority of them; the justices of the supreme court of the fifth judicial district, or a majority of them; the justices of the supreme court of the sixth judicial district, or a majority of them, and the justices of the supreme court of the eighth judicial district, or a majority of them, may, in their discretion, appoint and at pleasure remove, two additional stenographers of the supreme court for their respective districts, and the justices of the supreme court for the seventh judicial district, or a majority of them, may, in their discretion, appoint and at pleasure remove, two additional steno graphers of the supreme court for such district. Each stenographer so appointed is entitled to a salary fixed by law, to be paid as prescribed in the next section, and 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, as directed by the justices, or a majority of the justices, of the district for which he was appointed.

259. [am'd 1885.] The clerk of the county in which a term of a court specified in the last section is held, must furnish the stenographer attending the same with a certificate of the number of days the term has been in session. Upon the certificates so furnished, the supreme court, at a special term thereof held within the judicial district, may not oftener than once in six months, by order, apportion to each county in the district such a proportion of the stenographer's salary, as the number of days during which one or more terins were in session in that county, bears to the whole number of days, during which the terms were in session in that district since the last apportionment was made. Upon the presentation of a certified copy of such an order, each county treasurer must pay to, the stenographer, from the court fund, or the fund from which jurors are paid, the sum so apportioned to his county. After the first day of January, eighteen hundred and eighty-six, the salary of each stenographer in the third and sixth judicial district, appointed pursuant to section two hundred and fifty-eight, shall be payable by the comptroller of the state in equal quarterly payments, upon a certificate of a justice of the supreme court of the judicial district in and for which the stenographer was appointed. To provide the means to pay the said salaries, the comptroller of the state shall, on or before the first day of November, eighteen hundred and eighty-five, and in each year

thereafter, fix and transmit to the clerk of each board of supervisors a statement of the sum to be raised by the board of supervisors of each of the counties within said district, in accordance with the amount of taxable real and personal property in each of said counties, as shown by the last annual assessment-roll therein. Said board of supervisors must annually levy and cause to be collected as a county charge the sum fixed by the comptroller, and paid over to the county treasurer of each county, who shall pay over the sum so collected to the comptroller of the state for the pay. ment of said salaries.

$260. Each of those stenographers is also entitled to payment of his actual and necessary expenses, while attending court, including stationery and ten cents for each mile for his actual travel, between the place of holding each tern and his residence, going and returning, or from term to term as the case may be. The amount thereof must be certified by the judge holding or presiding at the term, and must be paid, upon his certificate, by the treasurer of the county where the term is held, from the court fund, or the fund from which jurors are paid. But mileage shall not be computed beyond the bounds of the judicial district, except where the usual line of travel, from one point to another within that district, passes partly through another judicial district,

§ 261. When two or more terms, at which the stenographer would be required to attend, by the provisions of section two hundred and fifty-eight of this act, are appointed to be held at the same time, the justices of the supreme court, assigned to hold or preside at the same, may designate the term at which the stenographer for the district must attend, and may employ an additional stenographer to attend each other term. In that case, they must, by a certificate signed by them, fix a reasonable sum for the payment of his services and actual necessary expenses, to and from, and while attending the term. The sum so fixed must be paid by the treasurer of the county, upon the certificate, from the court fund, or the fund from which jurors are paid; and the number of days, during which that term was in session, shall not be taken into account, in making an apportionment of salary, as prescribed in section two hundred and fifty-nine of this act.

§ 262. Where an official stenographer, or his assistant, is not in attendance, at a term of the circuit court, or court of oyer and terminer, or at a special term of the supreme court, where issues of fact are triable, the judge holding or presiding at the term, may, in his discretion, employ a stenog rapher,, who must be paid such a compensation, as the judge fixes by his certificate, not exceeding ten dollars for each day's attendance, and ten cents for each mile, for travel to and from his residence, to the place where the term is held, together with a reasonable sum for stationery. The sum so fixed is a charge upon the county, in which the term is held, and the county treasurer must pay it, upon the judge's certificate, from the court fund, or the fund from which jurors are paid. If it was the duty of an official stenog rapher, or his assistant, to attend the term, and it does not appear to the sat isfaction of the judge, that the failure to attend was excusable, the judge may, in his discretion, during or after the adjournment of the term, make an order that the sum so paid, or any part thereof, be deducted from the salary of the official stenographer, and that the county have such credit therefor, as justice requires. Such an order may be revoked by the judge who made it, upon proof by affidavit, that the failure to attend was excusable.

TITLE III.
Superior city courts.

ARTICLE 1. Provisions applicable to all the superior city courts.

2. Exclusively applicable to N. Y. common plaes and N. Y. superior court. 3. Provisions exclusively applicable to the superior court of Buffalo.

4. Provisions exclusively applicable to the city court of Brooklyn.