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, except 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 application 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 provisions 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 office, to be held by him with like effect, as if they had been taken by him. They must be written out at length by the stenographer, if a judge of the court so 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.

$ 85. Stenographers to furnish gratuitously copies of proceedings, to judge. Each stenographer, specified 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 a trial or hearing, at that term or sitting. But this section does not affect a provision of law, authorizing the

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

86. To furnish like copies to parties, district-attorney 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 attorney 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 stenographer 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 certificate, like other county charges.

87. These sections applicable to assistant stenographers. 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., of 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 assistantstenographer; and all laws relating to raising money in a county, by the board of supervisors thereof, are applicable to those sums.

$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. 135), 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-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.

§ 91. [Amended, 1877.] Crier for courts of record, in certain counties. The county judge of each county, except Kings and Dutchess, 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 clerk of the county of Dutchess, or in his absence the deputy-clerk, must act as crier at each term of a court of record held in that county. He is entitled therefor 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. -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.

93. Attendants upon courts in New-York city. The judges, or a majority of them, of each of the following named courts, to wit: the supreme court within

the first judicial district; the court of common pleas for the city and county of New-York; and the superior court of the city of New-York, from time to time, may appoint, and at pleasure remove, 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 over and terminer, as they think necessary for the due transaction of the business thereof; not exceeding four at tendants for each part, and four for the general term. L. 1872, ch. 438, 2, am'd.

94. [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, 1, as amended by L. 1869, ch. 249, 1, anı'd. post, 360.

See

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. 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 sheriff

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shall not re-appoint, for the same court, a person so removed.

L. 1873, ch. 165, § 1, am'd.

$96. Duties of persons appointed under last section. Each of the persons, appointed as prescribed in the last section, must attend, from day to day, the terms and sittings, within the county of Kings, of the court to which he is assigned, to preserve order, and to perform whatever services may be required of him, by the judge presiding thereat.

L. 1870, ch. 648, § 2.

97. Sheriff when directed, to notify constables, etc., to attend courts. The sheriff of each county, except New-York and Kings, must, within a reasonable time before the sitting, in his county, of a special term of the supreme court, or a term of the circuit court, county court, court of oyer and terminer, or court of sessions, notify, in writing and personally, as many constables of his county, as he has been directed to notify, by the court, or the judge who is to hold or preside at the term, to appear and attend upon the term, during its sitting.

2 R. S. 259, 183 (3 R. S., 5th ed., 479; 2 Edm. 300), am’d.

§ 98. Id., when not directed. If such a direction has not been given by the court or the judge, the sheriff may in like manner notify as many constables, as he deems necessary, for the purpose specified in the last section.

Id., 184.

99. Penalty for neglect of officer to attend court.Each constable, seasonably notified, as prescribed in the last two sections, must attend the term accordingly; and for each day's neglect, he may be fined by the court, at the term which he was notified to attend, a sum not exceeding five dollars.

Id., 85.

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