10. The justices' courts of the cities of Albany, Hud

son, New-York and Troy:

11. The marine court of the city of New-York:

12. The police courts in the city of New-York.

§ 374. Except where their compensation is fixed by special statutes, the clerks are entitled, for their services, to receive to their own use the fees provided in this code. When their compensation is fixed by special statutes, they must receive those fees, and account for and pay them over in the manner therein provided.

§ 375. The clerks are elected or appointed in the manner prescribed by the constitution and by special statutes, except as provided in this article. Their qualifications for and tenure of office, and the manner of their removal therefrom and of filling a vacancy therein, are provided for in the same manner.

§ 376. The clerk of the senate is, by virtue of his of fice, the clerk of the court for the trial of impeachments.

§ 377. The clerk of the court of appeals is, by virtue of his office, clerk of the supreme court.

§ 378. The county clerk of each county is. by virtue of his office, the clerk, in his county, of each of the following courts:

1. The supreme court:

2. The courts of oyer and terminer and sessions, except in the city and county of New-York:

3. The county court.

§ 379. There are six police clerks in the city of NewYork, who are appointed by the common council of that city, and hold their offices for four years.

years. They are assigned to police districts, in the manner prescribed by the common council, under the authority of special statutes, and are, by virtue of their offices, clerks of the police courts in the districts to which they are thus assigned.

§ 380. The court of common pleas of the city of NewYork shall have a clerk, to be appointed by the court, until the legislature otherwise provide, and to hold his office during the pleasure of the court.

§ 381. The common council of the city of New-York must, by ordinance, assign the clerk so appointed, a suitable office in the city hall in that city. The board of supervisors must, regulate his compensation and the number and compensation of his clerks, which compensation must be paid out of the fees received by the clerk, in the manner provided by special statutes, in respect to the clerk of the superior court.

§ 382. The county clerk of the city and county of New-York must also, on demand, deliver all property, books, records, and papers appertaining to the court of common pleas, to the clerk of that court.

ARTICLE II.

POWERS AND DUTIES OF THE CLERKS OF THE COURTS OF JUSTICE.

SECTION 383. Their duties.

384. Duty of police clerks in New-York.

385. Power of clerks to take affidavits.

386. When and how to pay money brought into court to county treasurer.

§383. It is the duty of the clerk of each of the courts mentioned in section 373, except the police clerks in the city of New-York,

1. To keep the seal of the court, and affix it in cases mentioned in section 212, and to any other writ, when required to do so:

2. To record the proceedings of the court:

3. To keep the records, and other books and papers appertaining to the court:

4. To file all papers delivered to him for that purpose, in an action or special proceeding in the court:

5. To attend the terms and circuits of the court of which he is clerk; to administer oaths in an action or special proceeding, in the presence of the court, and under its direction; and to receive the verdict of a jury:

6. To keep the minutes of the proceedings of the court, at its terms or circuits, and under the direction of the court, to enter its orders and judgments:

7. To authenticate, by certificate or exemplification, as may be required, the records or proceedings of the

court, or any other paper appertaining thereto, and filed with him:

8. To deposit all monies paid, or brought into court, and delivered to him, with the county treasurer, as provided in this code:

9. To exercise the powers and perform the duties conferred and imposed upon him by other provisions of this code, or by other statutes:

10. In the performance of his duties, to conform to the directions of the court.

§ 384. It is the duty of each of the police clerks in the city of New-York,

1. To prepare, under the direction of the magistrate, all papers appertaining to any matter pending before him, when acting as a magistrate or holding a police

court:

2. To keep the records and other papers appertaining to the police office or police court:

3. To attend at the police office to which he is assigned, at such times as are or may be prescribed by ordinance, by the common council of that city :

4. To attend the police court in the district to which he is assigned; to keep the minutes of its proceedings : under its direction, to enter its orders and judgments; and to authenticate its proceedings by his certificate:

5. To exercise the powers and perform the duties conferred and imposed upon him by the code of crimiinal procedure.

§ 385. The clerk of each of the courts mentioned in section 373, has power to take affidavits to be read or used in a court or before a judicial officer: but when the clerk is elected or appointed in a county, city, town or district, his power in this respect is co-extensive therewith only.

§ 386. When money is paid or brought into court for any purpose, in an action or special proceeding, the clerk must within five days thereafter deliver the same to the treasurer of the county, by whom it must be kept subject to the order of the court.

ARTICLE III.

THE PLACES OF KEEPING THE CLERKS' OFFICES, AND THEIR OFFICE

HOURS.

SECTION 387. Places of keeping their offices.

388. Their office hours.

§ 387. The office of the clerk of the court of appeals must be kept in the state hall in the city of Albany; that of the clerk of every other court, in the building provided for that purpose, by the supervisors of the county or the common council of the city in which the court is held.

388. Each of the clerks must keep his office open for the transaction of business, on every day, except those mentioned in section 193, as follows: