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 justices 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 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. § 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 term, 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 there with, 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. 253. Stenographers for oyer and 256. Stenographers in other counties § 257. Their salaries; how paid. 259. Their salaries; how paid. 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 written out, and may enforce payment thereof. Any such copy shall be accessible 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 stenographer 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 indicial district, who does not reside in the com 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 quarterly payments, under the direction of the justice making the appointment. § 258. [am'd 1882, 1883, 1884, 1885.] The justices of the supreme court, or a majority of them, for each judicial district of 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 fourth 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, one additional stenographer 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 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. 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 payment 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 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 treastwer 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 net 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 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 III. 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. ARTICLE FIRST. PROVISIONS APPLICABLE TO ALL THE SUPERIOR CITY COURTS. 263. General jurisdiction of the supe- § 274. Removal from supreme court to rior city couris. 264. Domestic corporations, etc., when deemed residents, etc. 265. Where there are two or more defendants. 266. Jurisdiction to be presumed ; wani of jurisdiction matter of defence. 267. Jurisdiction. etc., to be co-extensive with that of supreme court. 268. Id.; in special proceedings out of court. 269. Actions, etc., may be removed 270. Where, and in what cases, order 373. Removal to supreme court, when judges of city court cannot act. city court by consent. 275. Duty of clerks when removal § 263. The civil jurisdiction of each of the superior city courts extends to the following actions and special proceedings, in addition to the jurisdiction, power and authority conferred upon it, in a particular 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 procure 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 within that city; or where the defendant is a resident of that city; or where the summons is personally served upon the defendant therein; or where the action is brought to recover a penalty, or for any other 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 chattei real; where the real property 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 jointstock 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. |