to aid him in the discharge of his duties at that termu, whose compensation must be paid by the stenographer, and shall not become a county charge. L. 1866, ch. 422, § 3, am'd. $256. [Amended, 1877.] Stenographers in other counties of second judicial district. Each justice of the supreme court for the second judicial district, who does not reside in the county of 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. L. 1868, ch. 765, parts of 22 2 and 5. 257. Their salaries; how paid. 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. Id., 22 3 and 4. $258. Stenographers for the remaining districts. — 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 for the third judicial district, or a majority of them, may, in their discretion, appoint, and at pleasure remove, an additional stenographer of the supreme court in that dis trict. Each stenographer, so appointed, is entitled to a salary fixed by law, to be paid as prescribed in the next section. He 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. L. 1871, ch. 700, parts of 1 and 2; L. 1872, ch. 139, § 1. $259. Their salaries; how paid. — 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 80 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. Id., 3. remodelled. $260. Their expenses; how paid. Each of those stenographers is also entitled to payment of his actual and necessary expenses, while attending court, includ. ing 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 treasurer 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. Id., part of § 1, am'd. $261. Additional stenographer when two courts held at the same time. Where two or more terms, at which the stenographer would be required to attend, by the provisions of section 258 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 259 of this act. L. 1871, ch. 700, % 4. § 262. Temporary stenographer. Where an official stenographer, or his assistant, is not in attendance, at a term of the circuit court, or court of oyer and ter miner, 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 stenographer; 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 treas urer 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. Co. Proc., 256, with amendments; last sentence new. TITLE III. The superior city courts. ARTICLE 1. Provisions applicable to all the superior city courts. 2. Provisions exclusively applicable to the court of common pleas for the city and county of New-York, and the superior court of the city of New-York. 3. Provisions exclusively applicable to the superior court of Buffalo. 4. Provisions exclusively applicable to the city court of Brook lyn. ARTICLE FIRST. PROVISIONS APPLICABLE TO ALL THE SUPERIOR CITY COURTS. Szo. 263. General jurisdiction of the superior city courts. 264. Domestic corporations, etc., when deemed residents, etc. 265. Where there are two or more defendants. 266. Jurisdiction to be presumed; want 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 into supreme court. 270. Where, and in what cases, order for removal to be granted. 71. Appeal from order of removal. 272. Order to stay proceedings to procure removal. 273. Removal to supreme court, when judges of city court cannot act. 274. Removal from supreme court to city court, by consent. 275. Duty of clerks when removal made. 276. Removal not to affect validity of former proceedings, etc. 277. When county judge may make order. 278. Power to send process to any county. 279. Proceedings commenced before one judge may be continued before another. 280. Appointment of terms, etc. 281. General terms, by whom held, etc. 282. I.; special and trial terms. 283. New records, etc., in place of those mutilated or injured. 235. Special deputy-clerks. courts. $263. General jurisdiction of the superior city -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 chattel real; where the real property is 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 joint-stock 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. 5. To a judgment creditor's action; where the judg ment, upon which the action is founded, was recovered in the same court. 6. To an action for any cause, brought by a resident of the city wherein the court is located, against a natural person, who is not a resident of the State. 7. To an action brought by a resident of that city against a foreign corporation, either (1) to recover dam |