§ 248. Papers and opinions to be furnished to the reporter. In each cause heard by the appellate division of the supreme court, the attorney or counsel for each party must deliver to the clerk of said appellate division, for the use of the supreme court reporter, a duplicate of each paper furnished by him for the use of the court. The clerk must collect such papers from the counsel; and immediately after the adjournment of the term, he must transmit them, and certified copies of all the decisions, made at that term, to the supreme court reporter, at the latter's expense. Each judge who renders a written opinion in a cause decided by the appellate division, must transmit it, or a certified copy thereof, to the supreme court reporter, who must pay the expense of transmission, and also, where a copy is transmitted, the expense of copying, not exceeding eight cents for each folio. From Id., § 3 Am'd by ch. 946 of 1895. § 249. Duty of reporter; no salary to be paid to him. The supreme court reporter is not entitled to a salary. He must report and publish such of the decisions at the terms of the appellate division or special terms of the court as he deems it for the public interest to have reported. He must also report and publish the decision in a particular case, which the court, at a term of the appellate division or special term, especially directs him to report. He must prepare for each volume and cause to be published therewith, the usual digest, head betes. table of contents and index. From Id., and ch. 99, of 1869. Am'd by ch. 356 of 1885; ch. 309 of 1893, and ch. 946 of 1895. 250. Price of volumes of the reports. The supreme court reporter must cause the reports, published as prescribed in the last section, to be kept constantly for sale to persons within the state, at a price not exceeding two dollars, for a bound volume of not less than seven hundred pages. He may also cause advance sheets to be published at not to exceed fifty cents a volume. He must cause a copy of each volume of the reports as soon as printed to be delivered to each judge of the court of appeals, and each justice of the supreme court, and to each county judge during his term of office. From Id. Am'd by ch. 309 of 1893; ch. 218 of 1894; ch. 946 of 1895; ch. 474 of 1897, and ch. $78 of 1899. ARTICLE THIRD. Stenographers. SEC. 251. Stenographers in first district. 252. Stenographers for extra terms in New York city. [Repealed.] 253. Stenographers for oyer and terminer in New York city. [Repealed.] 254. Stenographers in Kings county. 255. His assistant. 256. Stenographers in other counties of second judicial district. 257. Their salaries; how paid. 258. Stenographers for certain judicial districts. 259. Their salaries; how paid. 260. Their expenses; how paid. 261. Additional stenographer when two courts held at the same time. [Repealed.] 262. Temporary stenographer, § 251. Stenographers in first district. If the justice presiding requires a copy of any proceedings, written out at length from stenographic notes, he may make an order, directing one-half of the stenographer's fees therefor, to be paid by each of the parties to the action or special proceeding, at the rate of ten cents for each folio so written out, and may enforce payment thereof. Any such copy shall be accessible to, and may be examined by, any of the counsel in the cause. If there are two or more parties on the same side, the order may direct either of them to pay the sum payable by their side, for the stenographer's fees, or it may apportion the payment thereof among them, as the justice deems just. From Co. Proc. § 256. Am'd by ch. 54 of 1885; ch. 4 of 1883; ch. 231 of 1892, and ch. 946 of 1895. § 252. Stenographers for extra terms in New York city. Repealed by ch. 946 of 1895. § 253. Stenographers for oyer and terminer in New York city. Repealed by ch. 946 of 1895. § 254. Stenographers in Kings county. The justices of the supreme court, residing in the county of Kings, or a majority of them, may appoint and may at pleasure remove, nine stenographers who shall severally attend, as directed by the respective justices appointing them, the terms of the appellate division and trial and special terms of the supreme court, in the county of Kings and shall each receive an annual salary of three thousand dollars and the expense thereof shall be raised with the annual tax levy as a county charge. From ch. 422 of 1866, §§ 1, 2, amended as to salary by ch, 606 of 1870. Am'd by ch. 536 of 1884; ch. 945 of 1895; ch. 970 of 1896 and ch. 661 of 1897. See ch. 606 of 1870, and ch. 659 of 1881. § 255. His assistant. The stenographer, appointed as prescribed in the last section, may, with the consent of the judge holding or presiding at a special term of the supreme court, or term of the circuit court. or court of over and terminer, employ an assistant stenographer, to aid him in the discharge of his duties at that term, whose compensation must be paid by the stenographer, and shall not become a county charge. From ch. 422 of 1866, § 3. § 256. Stenographers in other counties of second julicial 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 terms of the appellate division and the trial and special terms of the supreme court, 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 these counties. From 765 of 1868, parts of §§ 2 and 5. Am'd by ch. 416 of 1877, and ch. 946 of 1895. § 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. From Id., §§ 3 and 4. § 258. Stenographers for certain judicial districts. In addition to the stenographers appointed under special laws the justices of the supreme court or a majority of them, for each judicial district excepting the first, second, fifth, seventh and eighth, shall appoint, and may at pleasure remove, three stenographers. The justices of the supreme court, or a majority of them, for the fifth judicial district, shall appoint, and may at pleasure remove, five stenographers of the supreme court for such district. The justices of the supreme court, or a majority of them, for the seventh judicial district, shall appoint and may at pleasure remove, four stenographers of the supreme court for such district. The justices of the supreme court for the eighth judicial district shall appoint, and may at pleasure remove, seven stenographers of the supreme court for such district. Each of the stenographers shall attend such special and trial terms of the supreme court in his judicial district as he shall be assigned to attend by the justices of the supreme court, or a majority of them, for such district. Each of such stenographers shall receive an annual salary of twenty-five hundred dollars, to be paid by the comptroller of the state in equal quarterly payments, upon the certificate of a justice of the supreme court of the judicial district for which he shall have been appointed. This and the next two sections are from ch. 700 of 1871; ch. 139 of 1872. Am' by ch. 174 of 1882; ch. 217 of 1683; ch. 164 of 1884; ch. 512 of 1885; ch. 400 of 1886; ch. 75 of 1887; ch. 500 of 1888; ch. 426 of 1890; ch. 36 of 1893; chs. 112 and 625 of 1894; ch. 946 of 1895, and ch. 173 of 1903. effect Sept. 1, 1903. 259. Their salaries; how paid. In To provide the means to pay such salary the comptroller of the state shall. on or before the first day of November in each year, fix and transmit to the clerk of the board of supervisors in each of the counties. in said district a statement of the sum to be raised by such board of supervisors, in accordance with the amount of taxable real and personal property in each of said counties as shown by the last annual assessment-roll therein. The boards of supervisors in each of such counties shall annually levy and cause to be collected in such county and to be paid over to the county treasurer thereof, the sum so fixed by the comptroller to be raised by such board of supervisors, and such county treasurer shall pay such sum to the comptroller of the state for the payment of said salaries. Until the first day of January, eighteen hundred and ninety-one, the clerks of the counties composing the seventh judicial district in which a term of court specified in section one of this act 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 certificate so furnished, the supreme court or special term thereof, held within said judicial district, may, not oftener than once in six months, by order, apportion to each county in said district such a portion 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 fund from which jurors are paid, the sum so apportioned to his county. Am'd by ch. 159 of 1885; ch. 499 of 1839, and ch. 426 of 1890. "Section one of this act" refers to § 258. § 260. Their expenses; how paid. Each of those stenographers is also entitled to payment of his actual and necessary expenses, while attending court, including 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. § 261. Additional stenographers, when two courts held at the same time. Repealed by ch. 426 of 1890. § 262. Temporary stenographer. If an official stenographer shall not be in attendance at a term of the circuit court, special term of the supreme court, or court of oyer and terminer, where issues of fact are triable, the justice presiding at the term may, in his discretion, employ a stenographer, who shall be paid such compensation as the justice shall by his certificate fix, not to exceed 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 his necessary expenses and stationery. The sum so fixed shall be a charge upon the county in which the term shall be held, and shall be paid by the county treasurer upon such certificate, from the court fund or the fund from which jurors are paid. If the official stenographer of the judicial district in which such term shall be held shall have been duly assigned to attend such term. and it does not appear to the satisfaction of the justice that the ailure to attend was excusable, the justice may cause an order of the court to be entered at such term, that the portion of the sum so paid by the county treasurer, which was allowed for the per diem compensation for the services of the stenographer employed at such term, shall be deducted from the salary of the official stenographer who shall have been so assigned to attend such term, and the clerk of such county shall transmit to the comptroller a certified copy of such order, and the comptroller shall deduct such amount from the salary of such official stenographer and pay the same to the treasurer of said county. From Code Proc., § 256. Am'd by ch. 426 of 1890, and chs. 580 and 946 of 1895. Amendment of section by ch. 580 of 1895 prevails by force of §4 of ch. 946 of 1895. Circuit courts and courts of oyer and terminer abolished by art. 6, § 6, New York Const. |