for a misbehavior in his office or trust, or for a wilful neglect or violation of duty therein; or for disobedience to a lawful mandate of the court, or of a judge thereof, or of an officer authorized to perform the duties of such & judge.

2. A party to the action or special proceeding, for putting in fictitious bail or a fictitious surety,(3) or for any deceit or abuse of a mandate or proceeding of the court.(4)

3. A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution cannot be awarded for the collection of such sum;(5) or for any other disobedience to a lawful mandate of the court.(6)

4. A person, for assuming to be an attorney or counsellor, or other officer of the court, and acting as such without authority; for rescuing any property or person in the custody of an officer, by virtue of a mandate of the court (7) for unlawfully detaining, or fraudulently and wilfully preventing, or disabling from attending or testifying, a witness, or a party to the action or special proceeding, while going to, remaining at, or returning from, the sitting where it is noticed for trial or hearing; and for any other unlawful interference with the proceedings therein. (8)

5. A person subpoenaed as a witness, for refusing or neglecting to obey the subpoena, or to attend, or to be sworn, or to answer as a witness.(9)

6. A person duly notified to attend as a juror, at a term of the court, for improperly conversing with a party to an action or special proceeding, to be tried at that term, or with any other person, in relation to the merits of that action or special proceeding: or for receiving a communication from any person, in relation to the merits of such an action or special proceeding, without immediately disclosing the same to the court.(10)

7. An inferior magistrate, or a judge or other officer of an inferior court, for proceeding, contrary to law, in a cause or matter, which has been removed from his jurisdiction to the court inflicting the punishment; or for disobedience to a lawful order or other mandate of the latter court.(11)

8. In any other case, where an attachment or any other

ished accordingly, and must be removed from office by the supreme court.

L. 1846, ch. 120, 3.

§ 81. Limitation of provisions.-This article does not prohibit an attorney or counsellor from defending himself in person, if prosecuted either civilly or criminally.

Id., 4.

ARTICLE THIRD,

GENERAL PROVISIONS CONCERNING CERTAIN MINISTE RIAL OFFICERS, CONNECTED WITH THE ADMINISTRA TION OF JUSTICE; AND SPECIAL PROVISIONS CONCERNING OFFICERS OF THAT DESCRIPTION, ATTACHED TO TWO OR MORE COURTS.

Bso. 82. Qualifications of stenographer.

83. General duty of stenographer; notes, when to be filled.
84. Notes, how preserved; when written out.

85. Stenographers to furnish gratuitously copies of proceedings, tc
judge.

86. To furnish like copies to parties, district-attorney and attorney. general; compensation.

87. These sections applicable to assistant-stenographers.

88. Supervisors to provide for compensation, etc., of stenographers.
89. Clerks of appellate division and special deputy clerks.
90. Clerk in New York or Kings, not to be referee, etc.

91. Criers for courts of record.

92. When sheriff, constable, etc., to act as crier.

93. Seals and records of former superior city courts.

94. Interpreter for courts of record in Kings county.

95. Attendants and messengers, how appointed in Kings county. 96. Duties of persons appointed under last section.

97. Sheriff, when directed, to notify constables, etc., to attend courts.

98. Id., when not directed.

99. Penalty for neglect of officer to attend court.

Each stenog.

§ 82. Qualifications of stenographer. rapher, specified in this act, is an officer of the court or courts, for or by which he is appointed; and, before entering upon the discharge of his duties, must subscribe the constitutional oath of office, and file the same in the office of the clerk of the court, or, in the supreme court, in the office of the clerk of the county where the term sits, or the judge resides, by which or by whom he is appointed. A person shall not be appointed to the office of stenographer, unless he is skilled in the stenographic art.

This and most of the provisions relating to stenographers embody previsions of special acts.

§ 83. [Amended, 1893.] General duty of ste nographer; notes, when to be filed.-Each stenog. rapher specified in this act must, under the direction

a case where it is otherwise specially prescribed by law, a person shall not be arrested or imprisoned for disobedience to a judgment or order, requiring the payment of money due upon a contract, express or implied, or as damages for non-performance of a contract.

L. 1831, ch. 300, § 1 (3 R. S., 5th ed., 126; 4 Edm. 465), am'd.

$ 17. [Amended, 1895.] Rules of courts of record, how made and revised. The justices assigned to the appellate division of the supreme court shall meet in convention at the capitol in the city of Albany, on the fourth Tuesday in October, eighteen hundred and ninety-five, and at least every second year thereafter. They must also meet from time to time at the same place whenever called together by at least five of said justices at a time to be fixed in the said call, a copy of which shall be delivered at least one week before the time fixed to the presiding justice of each department. The convention must establish rules of practice not inconsistent with this act which shall be binding upon all the courts in this State and all the judges and justices thereof, except the court for the trial of impeachments and the court of appeals. A majority of the members of such convention shall constitute a quorum. The rules thus established are styled in this act "the general rules of practice." The convention shall have power to appoint and remove a reporter; and must also adopt a seal for each department of the appellate division of the supreme court. A description of each of the seals specified in this section must be deposited and recorded in the office of the secretary of state and must remain of record. The expense of such seals must be paid from the State treasury.

In effect June 26, 1895; L. 1895, ch. 946.

§ 18. Rules to be published.

A rule thus estab

lished, or a general rule or order of the court of appeals, does not take effect, until it has been published in the newspaper published at Albany, in which legal notices are required by law to be published, once in each week for three successive weeks. L. 1847, ch. 470, § 4 (3 R. S., 5th ed., 262; 4 Edm. 582).

$ 19. [Amended, 1895.] Courts to order calendar printed. The supreme court or a county court may, from time to time, by order, require the clerk to cause to be printed for the use of the members and officers thereof, the necessary copies of the calendar of causes, prepared for a term of the court. But this section does not apply to the city and county of New York.

In effect Jan. 1, 1896; L. 1895, ch. 946.

§ 20. Expense to be a county charge. The expense of printing the copies of the calendar for a term shall be a charge upon the county in which the term is

held; and must be audited, allowed, and paid, by the board of supervisors thereof, in like manner as other contingent county charges.

Id. § 2.

§ 21. [Amended, 1895.] Certain papers may be destroyed. The appellate division of the supreme court, in any department, may, by order made at any term thereof, direct a county clerk to destroy any of the following papers, now filed, or hereafter to be filed in his office, which the court deems to have become useless, to wit: pleadings, or copies of pleadings furnished for the use of the court; jury panels; returns of inferior courts, which have been embodied in judgmentrecords or judgment-rolls; inn-keepers' licenses, ten years old; and returns of election district canvassers, twenty years old, which have been copied, pursuant to law, into books preserved in his office. But this provision does not authorize the destruction of a judgment-roll, or a paper incorporated or necessary to be incorporated into a judgment-roll.

In effect Jan. 1, 1896; Laws 1895, ch. 946.

§ 22 Writs, etc., in name of the people, and in English; abbreviations. -Except where it is otherwise specially prescribed by law, a writ or other process must be in the name of the people of the State, and each writ, process, record, pleading or other proceeding in a court, or before an officer, must be in the English language, and, unless it is oral, made out on paper or parchment, in a fair legible character, in words at length, and not abbreviated. But the proper and known names of process, and technical words, may be expressed in appropriate language, as now is, and heretofore has been customary; such abbreviations as are now commonly employed in the English language may be used; and numbers may be expressed by Arabic figures, or Roman numerals, in the customary manner.

2 R. S. 275, 8 and 9 (3 R. S., 5th ed., 467; 2 Edm. 285), consolidated.

§ 23. Id. ; teste and return. A writ or other process, issued out of a court of record, must be tested, except where it is otherwise specially prescribed by law, in the name of a judge of the court, on any day; must be returnable within the time prescribed by law; or, if ne

justices of the supreme court residing within the judicial district of the appointee, from time to time, by an instrument in writing, filed in his office, appoint, and at pleasure remove, one or more special deputy clerks to attend upon any or all of the terms or sittings of the courts of which he is clerk. Each person so appointed must, before he enters upon the duties of his office, subscribe and file in the clerk's office, the constitutional oath of office; and he possesses the same power and authority as the clerk, at any sitting or term of the court which he attends, with respect to the business transacted thereat. The provisions of this section shall not apply to the first judicial department. In effect Jan. 1, 1896; L. 1895, ch. 946.

§ 90. [Added, 1877.] Clerk in New York, or Kings, not to be referee, etc.- No person holding the office of clerk, deputy-clerk, special deputy-clerk, or assistant in the clerk's office, of a court of record or of the surrogate's court, within either of the counties of New York or Kings, shall hereafter be appointed, by any court or judge, a referee, receiver or commissioner, except by the written consent of all the parties to the action or special proceeding, other than parties in default for failure to appear or to plead.

L. 1876, ch. 205.

Criers for courts of

§ 91. [Amended, 1895.] record. The county judge of each county except Kings and Erie, from time to time, may appoint and at pleasure remove, a crier for the courts of record held in his county, who is entitled to a compensation fixed and to be paid as prescribed by law. The justices of the supreme court residing in the eighth judicial district, together with the county judge of Erie county, or a majority of them, shall appoint, and may at pleasure remove one or more criers for all the courts of record held in said county of Erie. Such criers appointed for Erie county shall each receive one thousand dollars a year, to be paid in equal monthly payments by the treasurer of Erie county, in full compensation for all services rendered by them.

In effect Jan. 1, 1896; L. 1995, ch. 946.

$92. When sheriff, constable, etc., to act as crier.- A sheriff, deputy sheriff, or constable, attending a term of a court of record, must, when required by the court, act as crier therein; and he is not entitled to any additional compensation for that service.

L. 1847, ch. 470, part of § 42 (4 Edm. 589), am'd.