ARTICLE THIRD.

GENERAL PROVISIONS CONCERNING CERTAIN MINISTERIAL OFFICERS, CONNECTED WITH THE ADMINISTRATION OF JUSTICE; AND SPECIAL PROVISIONS CONCERNING OFFICERS OF THAT DESCRIPTION, ATTACHED TO TWO OR MORE COURTS.

SECTION 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, to judge.

86. To furnish like copies to parties, district attorney and Attorney-General 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 and Kings not to be referee, etc.

91. Crier of courts of record in certain counties.

92. When sheriff, 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. Duties of persons appointed 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.

§ 83. General duty of stenographer; notes, when to be filed. Each stenographer specified in this act must, under the direction of the judge presiding at or holding the terin 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. Such stenographer shall fully note each ruling or decision of the presiding judge, and when the trial is by jury each and every remark or comment of such judge during the trial, when requested so to do by either party, together with each and every exception taken to any such ruling, decision, remark or comment by or on behalf of any party to the action. After any such ruling, decision, remark or comment has been made the same shall not be altered or amended by the stenographer without the consent of the party excepting thereto, whether the same is made during the charge of the court to the jury or at any other time during the trial. The stenographer shall, upon the payment of his fees allowed by law therefor, furnish a certified transcript of the whole or any part of his minutes, in any case reported by him, to any party to the action requiring the same. [AM'D BY CH. 388.]

S84 Notes, how preserved; when written out. The original stenographic notes, taken by a stenographer, 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 writ

ten out. Unless such a direction is given, or such a requisition is made, the stenographer is not bound so to write them out.

§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 Jay 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 attor ney-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 a certificate, like other county charges.

The

§ 87. These sections applicable to assistant stenographers provisions of the last five sections are also applicable to each assistant stenographer, now in office, or appointed or employed, pursuant to any provision 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 assistant-stenographer; and all laws relating to raising money in a county, by the board of supervisors thereof, are applicable to those sums.

$89. Clerks of appellate division; county clerk to appoint special deputy clerks to attend courts. The justices of the appellate division in each department shall, from time to time, appoint and shall have the power to remove a clerk, who shall keep his office at a place to be designated by the said justices. Each county cerk may, subject to the approval of the justices of the supreme court residing within the judicial district of the appointee, 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, and in any county having a population of more than one hundred and thirty thousand at the last enumeration (except a county wherein provision 18 none made by law for the payment of court clerks or wherein the county clerk receives a salary), the salary of such deputy clerks shall be fixed by a justice of the supreme court, residing in such county and when the said salary shall be so fixed the same shall be paid from the court funds of said county or from an appropriation mage therefor. 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. The provisions of this section shall not apply to the first judicial department. [AM'D BY CH. 604 OF 1899. In effect Sept. 1, 1899.]

§ 90. 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 within the county of New York, 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 the parties in default for failure to appear to plead. [AM'D BY CH. 454 OF 1897. In effect May 17, 1897.]

$91. Criers for courts of record. The county judge of each county except Kings and Erie, 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 justices of the supreme court residing in the eighth judicial district, together with the county judge of Erie county, or a majority of them, shall appoint, and may at pleasure remove one or more criers for all the courts of record held in said county of Erie. Such criers appointed for Erie county shall each receive one thousand dollars a year, to be paid in equal monthly payments by the treasurer of Erie county, in full compensation for all services rendered by them. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

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.

$93. Seals and records of former superior city courts. The seals, books, files, records, papers and documents of the superior court of the city of New York, the court of common pleas for the city and county of New York, the superior court of Buffalo, and the city court of Brooklyn, shall be deposited in the offices of the clerks of the several counties in which said courts have heretofore existed, and shall be kept and preserved by said clerks, separate and apart from the other books, records, papers and documents in their respective offices, and shall be kept in charge of special deputy clerks, to be designated by said county clerks, so as to be readily accessible for inspection; and the justices of the supreme court, and the said clerks of the said several counties, respectively, shall have the same powers with respect to the said books, files, records, papers and documents as the judges and clerks of said superior court of the city of New York, and the court of common pleas for the city and county of New York, the superior court of Buffalo and the city court of Brooklyn, respectively, had and possessed in reference thereto. [AM'D BY CH. 74 OF 1896. In effect March 5, 1896.]

§ 94. Interpreters for second judicial district, Kings county. The justices of the supreme court for the second judicial district, residing in Kings county, or a majority of them, may appoint an interpreter or interpreters to attend the terms of the courts of record, except the county court and surrogate's court held in that county, at which issues of fact are triable and fix the salaries of such interpreters who shall hold office during good behavior. [AM'D BY CH. 92 OF 1897. In effect March 23, 1897.]

§ 95. Attendants and messengers, how appointed in Kings county. The justices of the supreme court for the second judicial district residing in Kings county, or a majority of them; the county judges of Kings County and the surrogate of Kings county may appoint, and at pleasure remove all attendants and messengers, and court officers in their respective courts in said county. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 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.

$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 any term of court, notify, in writing and personally, as many constables or deputy sheriffs of his county as he has been directed to notify by the court or judge who is to hold or preside at the term, to appear and attend upon the term during it sitting. In addition to such constables, or deputy sheriffs, the justices of the supreme court of the eighth judicial district residing in the county of Erie, or a majority of them, shall, in their discretion, appoint, and at their pleasure may remove, one or more court officers, whose duty it shall be to attend at the justices' chambers and at special terms of the supreme court held in said county of Erie. Such officers shall possess all the powers of officers designated by sheriffs to attend upon courts, and shall each receive a salary not to exceed one thousand two hundred dollars a year, to be paid in equal monthly payments by the treasurer of the county of Erie. The sheriff of said county of Erie shall not be required to attend or desig nate any officer to attend at justices' chambers or at special terms of the supreme court held in said county of Erie unless requested so to do by the justice presiding. Each of the justices of the supreme court residing in Kings county may appoint and at pleasure remove, a clerk to such justice at a salary not exceeding two thousand dollars a year, to be raised and paid in the same manner as the salaries of attendants and officers. [AM'D BY CH. 138, L. 1900. In effect March 15, 1900.]

§ 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.

99. Penalty for neglect of officer to attend court. Each constable reasonably 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.

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CHAPTER II.

POWERS, DUTIES, AND LIABILITIES OF A SHERIFF, OR OTHER MINISTERIAL OFFICER, IN THE EXECUTION OF THE PROCESS OR OTHER MANDATE OF A COURT OR JUDGE, IN A CIVIL CASE.

TITLE

I.-PROVISIONS RELATING TO THE EXECUTION OF CIVIL MANDATES

GENERALLY.

TITLE II.-PROVISIONS RELATING TO THE EXECUTION, BY A SHERIFF, of a MANDATE AGAINST THE PERSON.

TITLE III.-APPLICATION OF THE FOREGOING PROVISIONS TO THE PROCEEDINGS

OF A CORONER.

TITLE IV.—POWERS, DUTIES, AND LIABILITIES OF AN INCOMING AND OUTGOING SHERIFF, RESPECTIVELY, TOUCHING THE MATTERS INCLUDED IN THIS CHAPTER.

TITLE I.

Provisions relating to the execution of civil mandates generally.

SECTION 100. Sheriff to furnish certain minute.

101. Copy of process, etc., to be delivered when served.

102. Sheriff to execute process, etc.; may return by mail.

103. Liability for neglect in special proceedings.

104. Sheriff may command the power of the county, to overcome resistance.
105. Names of resisters to be certified.

106. Punishment for refusing to assist.

107. Governor may order out military.

108. Trial of claim of title by third person, to property seized by sheriff.
109. Expenses, how paid.

§ 100. Sheriff to furnish certain minute. A sheriff, to whom a mandate of any description, is delivered to be executed, must, without compensation, give to the person delivering the same, if required, a minute in writing, signed by the sheriff, specifying the name of the parties, the general nature of the mandate, and the day and hour of receiving the same.

§ 101. Copy of process, etc., to be delivered when served. [Amended BY CH. 416 OF 1877.] A sheriff, or other officer, serving a mandate, must, upon the request of the person served, deliver to him a copy thereof, with out compensation.

$102. Sheriff to execute process, etc., may return by mail. [AMENDED BY CH. 416 OF 1877.] A sheriff or other officer, to whom a mandate is directed and delivered, must execute the same according to the command thereof, and make return thereon of his proceedings, under his hard. For a violation of this provision, he is liable to the party aggrieved, for the damages sustained by him; in addition to any fine, or other punishment or proceeding, authorized by law. A mandate directed and delivered to a sheriff may be returned, by depositing the same in the post-office, properly inclosed in a post-paid wrapper, addressed to the clerk, at the place where his office is situated; unless the officer, making the return in the name of the sheriff, resides in the place where the clerk's office is situated.