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ART. 2

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. 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.

ment.

§ 246. The general term justices of the supreme court Meeting must meet in convention, at the capitol in the city of pointAlbany, 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 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.

removal

$ 247. A special meeting of the convention, for the ap- Special pointment or removal of a supreme court reporter, must be for apheld at the capitol in the city of Albany; but it may be ment of 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 Papers supreme court, the attorney or counsel for each party must opinions

TITLE 2. to bo furnished to the reporter.

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.

to him.

Duty of

§ 249. The supreme court reporter is not entitled to a reporter; no salary, 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 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 vol

$ 250. The supreme court reporter must cause the reamesto ports, 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.

SEC. 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.

ART. 3.

SEC. 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,

distriot.

$ 251. The justices of the supreme court for the first judi. Stenogcial district, or a majority of them, must appoint, and may in first 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, Stenogan extraordinary term of the circuit court, or an extraordin- for extra ary special term of the supreme court, must appoint a Newstenographer for that term, who is entitled to a compensation, at the rate and in the manner prescribed by law for the official stenographer.

terms in York city

§ 253. The judge presiding at a term of the court of Stenogoyer and terminer, held in and for the city and county of foroyer New-York, must designate a stenographer of the supreme miner in court, to act as stenographer for that term during its sitting, York 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

city.

TITLE 2. for the use of the presiding judge or the district-attorney,

the stenographer's fees therefor are payable, on his certifi. cate, as a county charge.

Stonographer

county.

$ 254. The justices of the supreme court for the second in Kings judicial district, residing in the county of Kings, or a

majority of them, must appoint, and may at pleasure remove, a stenographer, to be attached 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.

His assistant.

§ 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.

Stenog

district.

§ 256. Each justice of the supreme court for the second in other judicial district, who does not reside in the county of Kings, of second must appoint, and may at pleasure remove, a stenographer, judicial

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.

Their § 257. Each stenographer, appointed as prescribed in the salaries; how paid. last section, is entitled to a salary fixed by law. To make

up and pay the salaries, the board of supervisors of each

ART. &

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.

districts.

$ 258. The justices of the supreme court, or a majority of Stones them, for each judicial district of the State, except the first forthin

remaining and second, must appoint, and may at pleasure remove, a stenographer of the supreme court 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 Their court, specified in the last section, is held, must furnish the bow paid. 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 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

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