for a private party against whom a criminal action for a felony is pending, or who is the prosecutor therein.

§ 368. The district attorney must keep a register of his official business, in which must be entered a note of every indictment, the time when it was found, and the proceedings thereon. The register must, at the expiration of his term of office, be delivered by him to his successor in office.

CHAPTER III.

THE STATE REPORTER.

SECTION 369. How appointed, his tenure of office, removal, and compensation. 370. His duties.

371. To have no interest in the publication of the reports. Reports free for publication.

372. Reports, how published and distributed.

§369. The state reporter is appointed by the governor, lieutenant governor ard attorney general, and holds his office for three years, but may be sooner removed by the legislature, a majority of the members elected to each house voting for his removal. His compensation is fixed by special statutes.

§ 370. The state reporter must report and publish, within thirty days after the adjournment of each term, of the court of appeals, a concise outline of the facts and decision in every case determined at that term, with any opinion of the court delivered to him for that purpose; omitting, however, every opinion dissenting from the decision, except in a case involving the construction of the constitution of this state or of the United States.

§ 371. The state reporter can have no pecuniary interest in the publication of the reports, nor can a copyright for them be secured by him or any other person : but they are free for publication by all.

§ 372. The reports must be published in pamphlet form, under the supervision of the state reporter, by contract, as prescribed by special statutes, and designated

The New-York Reports." Each volume must contain at least six hundred pages, with a suitable table of the names of the cases reported, head notes to each case, and an index of the principal matters contained in each volume. Their sale and distribution is provided for special statutes.

CIVIL PROCEDURE.

ARTICLE. 1.

CHAPTER IV.

THE CLERKS OF THE COURTS OF JUSTICE.

The clerks, in general.

II. Their powers and duties.

III. The places of keeping the clerks' offices, and their office hours.
IV. Deputy clerks.

V. Removal of papers from one clerk's office of the supreme court to
another.

VI. Miscellaneous provisions respecting the clerks and deputy clerks.

ARTICLE I.

THE CLERKS OF TEE COURTS OF JUSTICE, IN GENERAL.

SECTION 373. What courts have clerks.

374. Their compensation.

375. Their election or appointment, qualifications, tenure of office and

removal.

376. Clerk of senate, to be clerk of the court for the trial of impeach

ments.

377. Clerk of court of appeals, to be clerk of supreme court.

378. County clerk, of what courts to be clerk.

379. Police clerks in New-York, to be clerks of police courts.

380. Clerk of court of common pleas in New-York, how appointed, and

his tenure of office,

381. Office to be assigned him, and his compensation.

382. County clerk in New-York, to deliver records, &c., to clerk of common pleas.

§ 373. The following courts and no other, have clerks: 1. The court for the trial of impeachments:

2. The court of appeals:

3. The supreme court:

4. The superior court of the city of New-York:

5. The court of common pleas of the city of NewYork:

6. The courts of oyer and terminer:

7. The county courts.

8. The courts of sessions:

9. The city courts:

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. 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.