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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., 24.

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.

SEC. 82. Qualifications of stenographer.

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

85. Stenographers to furnish gratuitously copies of proceedings, t
Judge.

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

87. These sections applicable to assistant-stenographers.

88. Supervisors to provide for compensation, etc., of stenographers. 89. County clerk to appoint special deputy to attend courts.

90. Clerk in New-York or Kings, not to be referee, etc.

91. Crier for courts of record, in certain counties.

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

93. Attendants upon courts in New-York city.

94. Interpreter for certain courts of record in Kings county.

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

97. Sheriff, when directed, to require constables, etc., to attend

courts.

98. Id., when not directed.

99. Penalty for neglect of officer to attend court.

§ 82. Qualifications of stenographer. Each stenographer, 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 provisions of special acts.

§ 83. General duty of stenographer; notes, when to be filed. Each stenographer, specified in this act.

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must, under the direction of the judge, presiding at or
holding the term or sitting which he attends, take full
stenographic notes of the testimony, and of all other
proceedings, in each cause tried or heard thereat, ex-
cept when the judge dispenses with his services in a
particular cause, or with respect to a portion of the
proceedings therein. The court, or a judge thereof,
may, in its or his discretion, upon or without an appli
ration for that purpose, make an order, directing the
stenographer to file with the clerk, forthwith or within
a specified time, the original stenographic notes, taken
upon a trial or hearing; whereupon the stenographer
must file the same accordingly.

This and most of the provisions relating to stenographers embody pro-
visions of special acts.

$84. Notes, how preserved; when written out. The original stenographic notes, taken by a stenogra pher, are part of the proceedings in the cause; and, unless they are filed, pursuant to an order, made as prescribed in the last section, they must be carefully preserved by the stenographer, for two years after the trial or hearing; at the expiration of which time he may destroy the same. If the stenographer dies, or his office becomes otherwise vacant, before the expiration of that time, they must be delivered to his successor in ofice, to be held by him with like effect, as if they had been taken by him. They must be written out at directs, or if the stenographer is required so to do, by a person entitled by law to a copy of the same, so written out. Unless such a direction is given, or such a requisition is made, the stenographer is not bound so to

write them out.

New.

proceedings, to judge. Each stenographer, specified $85. Stenographers to furnish gratuitously copies of in this act, must, upon request, furnish, with all reasonable diligence and without charge, to the judge holding a term or sitting, which he has attended, a copy, written out at length from his stenographic notes, of the testimony and proceedings, or a part thereof, upon tion does not affect a provision of law, authorizing the

judge to direct a party or the parties to an action of special proceeding, or the county treasurer, to pay the stenographer's fees for such a copy.

§ 86. To furnish like copies to parties, district-at torney and attorney-general; compensation.- Each stenographer, specified in this act, must likewise, upon request, furnish, with all reasonable diligence, to the defendant in a criminal cause, or a party, or his attor ney in a civil cause, in which he has attended the trial or hearing, a copy, written out at length from his stenographic notes, of the testimony and proceedings, or a part thereof, upon the trial or hearing, upon payment, by the person requiring the same, of the fees allowed by law. If the district-attorney or the attorney-general requires such a copy, in a criminal cause, the stenog. rapher is entitled to his fees therefor; but he must furnish it, upon receiving a certificate of the sum to which he is so entitled; which shall be a county charge, and must be paid by the county treasurer, upon the cer tificate, like other county charges,

87. These sections applicable to assistant stenog. raphers. The provisions of the last five sections are also applicable to each assistant-stenographer, now in office, or appointed or employed, pursuant to any provi sion of this act; except that the stenographic notes, taken by an assistant-stenographer, must, if he dies or his office becomes otherwise vacant, be delivered to the stenographer, to be held by him with like effect, as if they had been taken by him.

§ 88. Supervisors to provide for compensation, etc., af stenographers. The board of supervisors of each county must provide for the payment of the sums, chargeable upon the treasury of the county, for the salary, fees, or expenses of a stenographer or assistant stenographer; and all laws relating to raising money in a county, by the board of supervisors thereof, are applicable to those sums.

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$ 89. [Amended, 1879.] County clerk to appoint special deputy to attend courts. Each county clerk may, 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.

L. 1851, ch. 211 (3 Edm. 335), and L. 1871, ch. 710, ?? 1 and 2 (9 Edm. 133), am'd.

$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-cierk, 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 spe cial proceeding, other than parties in default for failure to appear or to plead.

L. 1876, ch. 205.

§ 91. [Amended, 1883.] The county judge of each county, except Kings, 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.

L. 1866, ch. 588 (6 Edm. 786), am'd.

$92. When sheriff, constable, etc., to act as crier. -Asheriff, deputy-sheriff, or constable, attending & terin 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.

The judges, or a majority of them, of each of the following $93. Attendants upon courts in New-York city. named courts, to-wit: the supreme court within the first judicial district; the court of common pleas for the city and New-York, from time to time may appoint and at pleasure reCounty of New-York, and the superior court of the city of move such attendants upon the court of which they are respectively members, including where the justices of the supreme court make the appointment, the circuit court and court of

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oyer and terminer, as they think necessary for the due transac tion of the business thereof; not exceeding five attendants for each part and four for the general term. The justices of the supreme court for the first judicial district or a majority" thereof may appoint, and at their pleasure remove an official interpreter of the said court, who shall be entitled to receive a salary of two thousand five hundred dollars per annum, and to be paid as prescribed by law. Before entering upon his offi cial duties, he must subscribe and file in the office of the clerk of the city and county of New-York, the constitutional oath of office. He must attend any trial or special term of the court where his services are required, and the justices of the court, or a majority of them, may, by order, regulate his attendance.

894. [Amended, 1877.] Interpreter for Kings county.The board of supervisors of the county of Kings may appoint an interpreter, to attend the terms of the courts of record, except the county court, held in that county, at which issues of fact are triable; who shall hold his office during good behavior.

L. 1864, ch. 501, 2 1, as amended by L. 1869, ch. 249, § ? am'd. See post, 2 360.

§ 95. Attendants and messengers, how appointed in Kings county.—The following judges, to wit: the justices of the supreme court for the second judicial district, residing in Kings county, or a majority of them; the judges of the city court of Brooklyn, or a majority of them; the county judge of Kings county; and the surrogate of Kings county; may designate how many attendants and messengers, for the appointment of whom no provision is otherwise made by law, are required to attend upon the terms and sittings of the courts of which they are respectively members; including, where the justices of the supreme court make the designation, the circuit court and court of oyer and terminer. Notice of each designation must be given to the sheriff of Kings county, by the clerk of the court. The sheriff must thereupon appoint as many qualified persons, to fill those offices for each court, as the judges thereof have designated. The number of those officers may, from time to time, be increased or diminished, and new appointments may be made, in like manner. A person so appointed may be removed from office, by the judge of the court to which he is assigned; or, if he is assigned to the supreme court, or the city court of Brooklyn, by a majority of the judges: and the sherif

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