TITLE 2. Duty of reporter; no him. 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. The supreme court reporter is not entitled to a salary. He salary to be must report and publish such of the decisions at the general or special paid to 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 term, specially directs him to report. Not more than three 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. Price of the volumes of reports. Stenogra phers in first district. Stenogra. phers for § 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 two dollars and fifty cents, for a volume of not less than seven hundred pages. 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. 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. § 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 in New 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 oyer and terminer, held in and for the city and county of New-York, must desig ART. 3. terminer in pher in nate a stenographer of the supreme court, to act as stenographer for that term during its sitting, who is not entitled to any compensation New York in addition to his salary; except that, if a copy of any proceedings, city. +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. The justices of the supreme court for the second judicial dis- Stenogra trict, 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. to the supreme court, circuit court, and court of oyer and terminer, in and for the county of Kings. The stenographer so appointed is entitled 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 terminer, held in the county of Kings. § 255. The stenographer, appointed as prescribed in the last section, His assismay, 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 §256. Each justice of the supreme court for the second judicial dis- Stenogratrict, 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 second ju 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. dicial district. $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 discourt in that district. The justices of the supreme court for the third judicial district, or a majority of them, may, in their discretion, 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. § 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. TITLE 2. 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 terms 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. § 260. Each of those stenographers is also entitled to payment of his how paid. 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 term 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. Their expenses; Additional pher when held at the § 261. Where two or more terms, at which the stenographer would stenogram be required to attend, by the provisions of section two hundred and two courts fifty-eight of this act, are appointed to be held at the same time, the same time. 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 + pher. 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. Temporary § 262. Where an official stenographer, or his assistant, is not in stenogra- 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 stenographer, 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 stenographer, or his assistant, to attend the term, and it does not appear to the satisfaction 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 3. TITLE III. The superior city courts. ARTICLE 1. Provisions applicable to all the superior city courts. 2. Provisions exclusively applicable to the court of common pleas for the 3. Provisions exclusively applicable to the superior court of Buffalo. ARTICLE FIRST. PROVISIONS APPLICABLE TO ALL THE SUPERIOR CITY COURTS. SECTION 263. General jurisdiction of the superior city courts. 264. Domestic corporations, etc., when deemed residents, etc. 265. Where there are two or more defendants. 266. Jurisdiction to be presumed; want of jurisdiction matter of defence. 268. Id.; in special proceedings out of court. 269. Actions, etc., may be removed into supreme court. 270. Where, and in what cases, order for removal to be granted. 271. Appeal from order of removal. 272. Order to stay proceedings to procure removal. 273. Removal to supreme court, when judges of city court cannot act. 274. Removal from supreme court to city court, by consent. 275. Duty of clerks when removal made. 276. Removal not to affect validity of former proceedings, etc. 277. When county judge may make order. 278. Power to send process to any county. 279. Proceedings commenced before one judge may be continued before another. 280. Appointment of terms, etc. 281. General terms by whom held, etc. 282. Id.; special and trial terms. 283. New records, etc., in place of those mutilated or injured. 284. Clerks and deputy-clerks. 285. Special deputy-clerks. risdiction of the su § 263. The civil jurisdiction of each of the superior city courts extends Genera! juto the following actions and special proceedings, in addition to the jurisdiction, power and authority conferred upon it, in a particular perior city case, by special statutory provision: 1. To an action of ejectment; for the partition of real property; for dower; to foreclose a mortgage upon real property or upon a chattel real; to compel the determination of a claim to real property; for waste; for a nuisance; or to procure a judgment directing a conveyance of real property; and to every other action to recover, or to proeure a judgment, establishing, determining, defining, forfeiting, annulling or otherwise affecting an estate, right, title, lien or other interest in real property or a chattel real. But jurisdiction attaches under this subdivision only where the real property to which the action relates is situated within the city where the court is located. 2. To an action for any other cause, where the cause of action arose courts. TITLE 3. cause of action given by the charter, a by-law or an ordinance of that city. 3. To an action to recover damages for an injury to real property, or a chattel real; or for the breach of a contract, express or implied, relating to real property or a chattel real; where the real property is situated within that city, or where the defendant is a resident of that city, or where the summons is personally served upon the defendant therein. 4. To an action to recover a chattel; to foreclose or enforce a lien upon personal property; or to recover damages for an injury to personal property; where the property to which the action relates is situated within that city at the time when the action is commenced. If the property consists of one or more shares in the capital stock of a domestic corporation or joint-stock association, whose principal place of business is located or established within that city, or of a debt due from, or money, or a thing in action, in the possession or under the control of, such a corporation or joint-stock association, it is deemed to be situated within that city, within the meaning of this subdivision. 5. To a judgment creditor's action; where the judgment upon which the action is founded was recovered in the same court. 6. To an action for any cause brought by a resident of the city wherein the court is located, against a natural person, who is not a resident of the State. 7. To an action brought by a resident of that city against a foreign corporation, either (one) to recover damages for the breach of a contract, express or implied, or a sum payable by the terms of a contract, express or implied, where the contract was made, executed or delivered within the State, or where the cause of action arose within the State; or (two) where a warrant of attachment, granted in the action, has been actually levied, within that city, upon property of the corporation; or (three) where the summons is served by delivery of a copy thereof, within that city, to an officer of the corporation, as prescribed by law. 8. To the custody of the person and the care of the property, concurrently with the supreme court, of a person residing in that city, or residing without the State and sojourning in that city, who is incompetent to manage his affairs by reason of lunacy, idiocy or habitual drunkenness; and to any special proceeding which the supreme court has jurisdiction to entertain, for the appointment of a committee of the person or of the property of such an incompetent person, or for the sale or other disposition of the real property, situated within that city, of a person, wherever resident, who is so incompetent, or who is an infant; or for the sale or other disposition of the property, or the voluntary dissolution of a domestic corporation, whose principal place of business is located or established within that city; or for the sale or other disposition of the real property, situated within that city, of a domestic corporation, wherever it is located. 9. To any other special proceeding which the supreme court has jurisdiction to entertain, where the person against whom it is brought is a resident of that city, or the mandate by which the special proceeding is commenced is personally served upon him within that city, or all the acts or omissions upon which it is founded were done or committed within that city, or the subject thereof is situated within that city; or where the special proceeding is brought for such a purpose, or under such circumstances that the superior city court would have jurisdiction of an action for the like purpose, or under the like circumstances, by the terms of subdivision first of this section. |