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§ 202. Clerks for judges.of the court of appeals. (Adiled 1897.)-Each judge of the court of appeals may appoint and at pleasure remove a clerk, who shall perform such services as the judge appointing him may require. He shall be entitled to a compensation to be fixed by such judge, not exceeding twelve hundred dollars a year, to be paid monthly by the comptroller upon the certificate of the judge.
203. Offices for judge of the court of appeals. [Addel 1897.)-The board of supervisors of a county in which a law library is maintained by the state shall, upon the request of a judge of the court of appeals who resides therein, provide and maintain for his use, suitable and commodious offices, approved by him. In case of the refusal or neglect of the board to comply with such request, the judge may rent and maintain at his place of residence offices suitable for his use and the expense thereof shall be a county charge. A judge of said court who resides in a county where there is no such library, may rent and maintain at his place of residence offices suitable for his use, and the necessary expense thereof shall be paid by the state treasurer upon the audit and warrant of the comp. troller.
9 204, (* Repealed by L. 1894, c. 135.] $ 205. [* Repealed by L. 1894, c. 135.] $ 206. (* Repealed by L. 1894, c. 135.] * See foot-note, page 39.
$ 207. [* Repealeil by L. 1894. c. 135.] § 208. [* Repealeil by L. 1894, c. 135.]
ARTICLE THIRD. The State REPORTER; PUBLICATION AND DISTRIBUTION OF
THE REPORTS. $ 20. State reporter is the re.
tribute reports. porter of court of appeals. $ 214. Unreported decisions, etc., 210. liis duty.
to be delivered by re211. Not to be interested in
porter to successor. publication; contracts for 215. Opinions, etc., not to bo publication.
delivered, except, etc. 212. Copyright of reports.
21-j. Certain opinions to be de213. Secretary of State to dis.
posited with clerk. $209. The reporter appointed by the conrt of appeals is styled the State reporter; and each provision of a statute, wher in the State reporter is mentioned, applies to the officer thus appointed.
$210, The State reporter must report every cause, 'determnul in the court of appeals, which the court directs himor which the publis, interest, in his judgment, regnires him to report. To enable bion to perform that duty, the judges of the conrt must deliver to him the written opinions, rendered in much causa so determined. Each decision of the court, which is r ported, must be so reported as soon as practicable after it is made; and if the reporter neglects faithfully to per
L 1894, c. 135, passed March 15, 1894, provides as fol. fows :
1. The clerk of the court of appeals shall transfer to the comptroler of the State of New York all the moneys, securitirs and real estate which he now holls, or which he now has in his custody, as part of the funds and property formerly under the control and in the possession of the court of chancer", or in any manner appertaining thereto. The comptroller shall give a receipt to said clerk for such moneys, 8 curities and evidences of title, and thereupon the comptroller shall be vested with the same possession of such property as is now vested in the clerk of the court of appeals.
$ 2. Sections two hundred and two, two hundred and three two hundred and four, two hundred and five, two hundred an 1 six, two hundred and seven and two hundred and eight of the code of civil procedure; also chapter two hundred of the laws of New York of eight-en hundred and sixty tbree; ulso section five of chapter tiree hundred of the laws of New York of eighteen hundred and forty-nine ; also all laws or paris of liw inconsistent with the provisions of this act, are hereby repealed.
l'his act shall take effect thirty days after the passage thereof.
77 Hun, 512; 78 Id. 151.
form that duty, it is the duty of the court to remove him from office.
$ 211. [Amd 1895.) The state reporter shall not have any pecuniary interest in the reports ; but a contract for the publication thereof under his supervision, must, from time to time, be made in behalf of the people by the state repor. ter, subject to the approval of the chief judge of the court of appeals, with the person or persons who agree to furnish to the secretary of state so many copies of each volume as may be needed to enable bim to comply with the next section but one; and also to publish and sell the reports on terms the most advantageous to the public, regard had to the proper execution of the work, and at a price not exceeding two dollars for a volume of not less than five hundred pages. Each contract so entered into must provide for the publication of the reports for five years from the expiration of the time specified for that purpose in the last contract. If the state reporter determines that a contract has not been faithfully kept by the person or persons agreeing so to publish the reports said reporter may. by an instrument in writing, under his hand, approved by the chief judge of the court of appeals, filed in the office of the secretary of state, apoul the sume from a time specified in the instrument; and thereupon he may enter into a new contract, likewise to be approved by the chief judge of the court of appeals, for the publication of the reports for five years from the time so specified. Before entering into a contract the state reporter must advertise for, neceive and consider proposals for the publication ofthe reports.
$ 212. [Am'd 1877.] Neither the State reporter nor any other person shall obtain a copyright for the opinions contained in the reports ; and the same may be published by any person. But the copyright of the statements of facts, of the head-notes, and of all other notes or references, prepared by the State reporter, must be taken by, and shall be vested in the Secretary of State, for the benefit of the people of the State.
$ 213. [Am'd 1894, 1899.) Secretary of State to distribute reports. Of the copies of each volume of the re. ports, furnished to the Secretary of State, he must deliver one to the clerk of each county, for the use of the county, deposit one in the office of the attorney-general, deliver one to the clerk of the court of appeals, for the use of that court and one for each judge thereof, deliver one to each justice of the supreme court, and to ench county judge, and deposit three copies in the state library.
$ 214. A State reporter must, on the appointment of his successor, deliver to him all papers in his hands, pertaining to a cause which he has not reported, or which are not pecessary to be retained by him, to complete the publication of a volume which is then partly printed.
$ 215. A State reporter, after the expiration of his term of office, shall not deliver a paper specified in the last sec. top, or a copy thereof, to any person other than his successor in office, or the publisher of a partly printed volume ; except that a copy of such a paper may be furni-hed by him, during a vacancy in the offi'e, to a judge of the court, or to the attorney for a party to the cause to which it relates.
$ 216. The State reporter must deposit with the clerk of the court, all opinions delivered to him, which are not to be reported, immediately after the publication of the reports of the other cases, decided at the same time. They must be properly filed and preserved, by the clerk,
AKTICLE 1. Jurisdiction and powers: designations of terms; distribu.
tion of business among the terms and judges; attendants
upon the sittings; miscellaneous provisions.
JURISDICTION AND POWERS; DESIGNATION OF TERMS ; Dis
TRIBUTION OF BUSINESS AMONG THE TERMS AND JUDGES ;
$ 217. General jurisdiction of au
230. Number of justices noces. preme court.
sary for a decision. 218. Supreme court may change
231. Re-argument, etc. When place of trial of action,
to be heard in pending in other courts.
another department. 219. Judicial departments; gen
232. Appointments of special eral terms.
and trial terms. 220. Presiding and associate 233. Publication of appoint justices; how long to act.
234. Governor may appoint ex. 221. Clerks' attendants and
traordinary terms; jusstenographers.
tices to hold them.
New York city, judge of 223. Designation, etc., to be filed
other court to hold termg. with Secretary of State. 237. Governor to designate jus224. Presiding and associate
tices to hold courts in justices may act out of
certain c38es. their departments.
238. Place of holding the terms. 225. Times and places of hold. 239. Special terms adjourned ing terms of the appellato
to chambers; trials theredivision of the supreme
at. court; how appointed. 240. Judges of superior court of 2:26. Appointment to be pub.
Buffalo may make orders. jished.
241. What judges may perform 2:27. Appointment may be made
duties of justice at cbamor filed after the pre
bers, scribed time.
242. Officers reqnired to attend 228. When associate justice to
a term of the appellato preside, etc.
division. Sheriff's duty. 223. Special or trial terms, by 243. Fees of such officers; how whom to be held. Title
paid. to public office, appeal
involving. $ 217. The general jurisdiction in law and equity, which
$ 1103, Cor the supreme court of the State possesses, under the pro. sol. Act. visions of the Constitution, includes all the jurisdiction, 29 Abb. N.C. which was possessed and exercised by the supreme court of 435n; 30 Id.,
59n. the colony of New York, at any time, and by the court of chancery in England, on the fourth day of July, seventeen