loss, occasioned by the breach. The clerk must keep his office at the city of Albany, and the trustees of the State Hall must assign him suitable rooms therein for that purpose. $ 200. To appoint a deputy! Powers of deputy. The clerk, by a writing, under his hand and the seal of the court, filed in his office, from time to time must appoint, and may at pleasure remove, a deputy-clerk, who is entitled to a salary, fixed and to be paid as prescribed by law. Before entering upon his duties, the deputy-clerk must subscribe and file in the clerk's office the Constitutional oath of office. While the clerk is absent from his office, or from the sitting of the court, or the office of clerk is vacant, the deputy-clerk has all the powers and is subject to all the duties of the clerk. $201. May employ assistants in his office. Special deputy. (AMENDED BY CH. 416 OF 1877. The clerk may, with the approbation of the in writing of the judges of the court or a majority of them, employ as many assistants in his office as are necessary. He may from time to time appoint, and at pleasure remove, his assistants. Each assistant is entitled to a compensation, fixed and to be paid as prescribed by law. The clerk may appoint one of his assistants as special deputy-clerk, who possesses, in the absence of the clerk and the deputy-clerk, the same power and authority as the clerk at any sitting of the court which he attends, with respect to the business transacted thereat. $202. Repealed by ch. 135 of 1894. To take effect April 14, 1894. $203. Repealed by ch. 135 of 1894. 1894. To take effect April 14, $204. Repealed by ch. 135 of 1894. To take effect April 14, 1894. $205. Repealed by ch. 135 of 1894. To take effect April 14, 1894. $206. Repealed by ch. 135 of 1891. To take effect April 14, 1894. $207. Repealed by ch. 135 of 1894. 1894. To take effect April 14, § 208. Repealed by ch. 135 of 1894. To take effect April 14, 1894. So in the original. 39 ARTICLE THIRD. THE STATE REPORTER; PUBLICATION AND DISTRIBUTION OF THE REPORTS. SECTION 209. State reporter is the reporter of court of appeals. 210. His duty. 211. Not to be interested in publication; contracts for publication. 213. Secretary of State to distribute reports. 214. Unreported decisions, etc., to be delivered by reporter to successor. 216. Certain opinions to be deposited with clerk. $209. State reporter is the reporter of the court of appeals. The reporter appointed by the court of appeals is styled the State reporter; and each provision of a statute, wherein the State reporter is mentioned, applies to the officer thus appointed. § 210. His duty. The State reporter must report every cause determined in the court of appeals, which the court directs him, or which the public interest in his judgment, requires him to report. To enable him to perform that duty, the judges of the court must deliver to him the written opinions, rendered in each cause so determined. Each decision of the court, which is reported, must be so reported as soon as practicable after it is made; and if the reporter neglects faithfully to perform that duty, it is the duty of the court to remove him from office. § 211. Reporter not to be interested in publication; contracts for publication. 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 reporter, 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 him 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 being 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, annul the same from a time 40 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, receive and consider proposals for the publication of the reports. [AM'D BY CHAP. 699 of 1895. În effect June 6, 1895.] § 212. Copyright of reports. [AMENDED BY CH. 416 OF 1877.] Neither 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. Secretary of State to distribute reports. Of the copies of each volume of the reports, 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 copy for each judge thereof, deliver one to each justice of the supreme court, and deposit three copies in the State library. [AM'D BY CH. 218 OF 1894. Took effect March 31, 1894.] § 214. Unreported decisions, etc., to be delivered by reporter to successor. 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 necessary to be retained by him, to complete the publication of a volume, which is then partly printed. $215. Opinions, etc., not to be delivered, except, etc. A State reporter, after the expiration of his term of office, shall not deliver a paper specified in the last, section, 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 furnished by him, during a vacancy in the office, to a judge of the court, or to the attorney for a party to the cause to which it relates § 216. Certain opinions to be deposited with clerk. 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. TITLE II. The supreme court, including the circuit courts. ARTICLE 1. Jurisdiction and powers; designations of terms; distribution of business among the terms and judges; attendants upon the sittings; miscellaneous provisions. 2. The supreme court reporter. 3. Stenographers. ARTICLE FIRST. JURISDICTION AND POWERS: DESIGNATION OF TERMS; DISTRIBUTION OF BUSINESS AMONG THE TERMS AND JUDGES; ATTENDANTS UPON THE SITTINGS; MISCELLANEOUS PROVISIONS. SECTION 217. General jurisdiction of supreme court. 218. Supreme court may change place of trial of actions pending in other courts SECTION 219. Judicial departments; general terms. V-220 220. Presiding and associate justices; how long to act. 222. Assignment of duties to justice whose designation is revoked. 224. Presiding and associate justices may act out of their departments 227. Appointment may be made or filed after the prescribed time. *229. Justice in place of one disqualified. 230. General term, held by two justices. Re-argument, etc. 31. When cause to be heard in another department. 232. Appointments of special terms, circuit courts, and courts of oyer and terminer. 233. Publication of appointments. 234 Governor may appoint extraordinary terms; justices to hold them. 235. General powers and duties of justices. 236. Governor may appoint in New York city, judge of other court to hold terms. 237 Governor to designate justices to hold courts in certain cases. 238 Place of holding the terms. 29 Special terms adjourned to chambers; trials thereat. § 217. General jurisdiction of supreme court. The general jurisdiction in law and equity, which the supreme court of the State possesses, under the provisions of the Constitution, includes all the jurisdiction, which was possessed and exercised by the supreme court of the colony of New York, at any time,. and by the court of chancery in England, on the fourth day of July, seventeen hundred and seventy-six; with the exceptions, additions, and limitations, created and imposed by the Constitution and laws of the State. Subject to those exceptions and limitations, the supreme court of the State has all the powers and authority of each of those courts, and exercises the same in like manner. § 218. Supreme court may change place of trial of actions pending in other courts. The supreme court upon the application of either party, may, and in a proper case, must make an order, directing that an issue of fact, joined in an action, or special proceeding, pending in any other court of record except the city court of the city of New York, or a county court, to be tried at a term of the supreme court in another county, on such terms, and under such regulations as it deems just and thereupon the issue must be tried accordingly. After the trial the clerk of the county, in which it has taken place, must certify the minutes thereof; which must be filed with the clerk of the court in which the action or special proceeding is pending. The subsequent proceedings in the last mentioned court must be the same as if the issue had been tried therein. [AM'D BY CHAP. 946 OF 1895. In effect Jan 1, 1896.] $219. Judicial departments, appellate division of the supreme court. The state is hereby divided into four judicial departments. The first department shall consist of the county of New York; the second department shall consist of the counties embraced within the present second judicial district; the third department shall consist of the counties embraced within the present third, fourth and sixth judicial districts; the fourth department shall consist of the counties embraced within the present fifth, seventh and eighth judicial districts. [AM'D BY CHAP. 376 of 1895. In effect May 13, 1895.] * Stricken out by ch. 416 of 1877. § 220. Presiding and associate justices, how long to act. On and after the first day of January, eighteen hundred and ninety-six, there shall be an appellate division of the supreme court in each judicial department hereby created, consisting of seven justices in the first department and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department, and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years, or the unexpired portions of their respective terms of office, if less than five years. From time to time, as the terms of such designations expire, or vacancies occur, he shall make new designations. He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division. A majority of the justices designated to sit in the appellate division in each department shall be residents of the departments. Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals, from such department to any other department for hearing and determination. No justice of the appellate division shall exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms, and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city court of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall have power to appoint and remove a reporter, to whom the original opinions of the court shall be delivered by the judges immediately after the decisions of the cases in which they are written are made, and to make rules and regulations governing the practice therein. The appellate court shall be located respectively in the first department, in the city of New York; in the second department, in the city of Brooklyn; in the third department, in the city of Albany; and in the fourth department, in the city of Rochester; but terms thereof may be held elsewhere in such departments, whenever in the discretion of the justices thereof, respectively, public interests may require. [AM'D BY CH. 376 OF 1895. In effect May 13, 1895.] Vari 22. § 221. Power to appoint clerk of appellate division of supreme court; his compensation. The justices of the appellate division in each department shall have power to appoint and remove a clerk who shall keep his office at a place to be designated by said justices. The clerk of the appellate division in the several departments shall be paid an annual salary as follows: In the first department four thousand dollars; in the second department three thousand dollars; and in each of the other departments two thousand dollars. A certificate of the appointment of each of said clerks signed by the presiding justice of the judicial department for which said. clerk is appointed, shall be filed with the comptroller of the state, and the |