estimony 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 he proceedings therein. The court, or a judge thereof, nay, in its or his discretion, upon or without an application or that purpose, make an order directing the stenographer o file with the clerk, forthwith or within a specified time, he original stenographic notes taken upon a trial or hearng, whereupon the stenographer must file the same accordngly. 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 mended 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. § 84. The original stenographic notes, taken by a stenog apher, are part of the proceedings in the cause; and, unless hey are filed, pursuant to an order, made as prescribed in he last section, they must be carefully preserved by the enographer, 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 is successor in office, to be held by him with like effect, as if hey had been taken by him. They must be written out at ength by the stenographer, if a judge of the court so directs, or if the stenographer is required so to do, by a person enitled by law to a copy of the same, so written out. Unless such a direction is given, or such a requisition is made, the tenographer is not bound so to write them out. $85. 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, ipon a trial or hearing, at that term or sitting. But this section does not affect a provision of law, authorizing the 27 Hun, 144; 30 Id. 455. judge to direct a party or the parties to an action or proceeding, or the county treasurer, to pay the sten er's fees for such a copy. ne th § 86. Each stenographer, specified in this act, mu wise, upon request, furnish, with all reasonable dilig the defendant in a criminal cause, or a party, or his a in a civil canse, in which he has attended the trial or hing a copy, written out at length from the stenographic n the testimony and proceedings, or a part thereof, up trial or hearing, upon payment, by the pe son requir same, of the fees allowed by law. If the district-atto the Attorney-General requires such a copy, in a c cause, the stenographer is entitled to his fees therefor; must furnish it, upon receiving a certificate of the which he is so entitled; which shall be a county char must be paid by the county treasurer, upon a certifica o her county charges. § 87. The provisions of the last five sections are a plicable to each assistant-stenographer, now in off appointed or employed, pursuant to any provision of t] except that the stenographic notes, taken by an ass stenographer, must, if he dies or his office becomes oth vacant, be delivered to the stenographer, to be held 1 with like effect, as if they had been taken by him. § 88. The board of supervisors of each county mu vide for the payment of the sums, chargeable upon the ury of the county, for the salary, fees, or expense stenographer or assistant-stenographer; and all laws r to raising money in a county, by the board of supe thereof, are applicable to those sums. § 89. [Am'd 1879.] Each county clerk may, fro to time, by an instrument in writing, filed in his offic point, and at pleasure remove, one or more special d clerks, to attend upon any or all of the terms or sitti the courts of which he is clerk. Each person so app must, before he enters upon the duties of his office, sub and file in the clerk's office, the Constitutional cath of and he possesses the same power and authority as the at any sitting or term of the court which he attends respect to the business transacted thereat. sol. Act. $90. [Am'd 1877.] No person holding the office of clerk, $ 1079 Conputy clerk, special deputy clerk, or assistant in the clerk's ice, of a court of record or of the surrogate's court, within her of the counties of New York or Kings, shall hereafter appointed, by any court or judge, a referee, receiver or nmissioner, except by the written consent of all the pars to the action or special proceeding, other than parties in fault for failure to appear or to plead. 91. [Am'd 1883.] The county judge of each county, cept Kings, from time to time, may appoint, and at pleasremove, a crier for the courts of record held in his inty; who is entitled to a compensation, fixed and to be id as prescribed by law. 92. A sheriff, deputy-sheriff, or constable, attending a m of a court of record, must, when required by the court, as crier therein; and he is not entitled to any additional npensation for that service. 93. [Am'd 1884, 1889, 1890, 1891, 1892.] The judges, a majority of them, of each of the following named courts wit: The supreme court within the first judicial district, superior court of the city of New York and the court of nmon pleas for the city and county of New York, from e to time, may appoint and at pleasure remove such endants upon the court of which they are respectively mbers, including, where the justices of the supreme court ke the appointment, the circuit court and the court of r and terminer, as they deem necessary for the due transion of the business thereof, not exceeding five attendants each part and four for the general term. The judges of d courts respectively, may, upon the request of any judge, ignate one of the said court attendants to also act as rk and secretary of such judge, for such time as they y designate, and the attendant so designated shall receive one salary for his services as both attendant and judge's retary, to be fixed by the board of estimate and apporament of the city of New York. The justices of the >reme court for the first judicial district, or a majority reof, may appoint, and at their pleasure remove, an offilinterpreter of said court, who shall be entitled to receive alary of two thousand five hundred dollars per annum, 1 to be paid as prescribed by law. Before entering upon official duties, he must subscribe and file in the office of clerk of the city and county of New York the constitual oath of office. He must attend any court or before 3 Dem. 362. $1116, Con. sol. Act. $$ 1113,1153, Consol. Act. #17 Istice Viers ns serves me reped and the justices of the mount I amyony of them, ma byrder, regulate 195. The frDoving judges, to win the justices of the supreme court for the second term district, residing Kings county, or a majomy of them; the janges of the cy cons of Brooklyn, or a majomy of them; the county judg of Kings ecmary and the sumgue of Kings county; ma designate how many amendants and messenger, for th appointment of whom no provision is otherwise made by law, are required to attend upon the terms and sittings the courts, of which they are respectively members; includ ing, where thejasures of the supreme court make the desi nation, the circuit ecart and court of over and ter iner Notice of each designation must be given to the sheriff : Kings county, by the clerk of the court. The sheriff mus thereapon appoint as many qualided persons, to fill the se offices for each court, as the judges thereof have designated. The number of those officers may, from time to time, be in creased or diminished, and new appointments may made, in like manner. A person so appointed may be r moved from office, by the judge of the court to which is is assigned; or, if he is assigned to the supreme court. the city court of Brooklyn, by a majority of the judges; an the sheriff shall not re-appoint, for the same court, a perso so removed. 896. Each of the persons, appointed as prescribed in th last section, must attend, from day to day, the terms a sittings, within the county of Kings, of the court to whi he is assigned, to preserve order, and to perform whatev services may be required of him, by the judge presidia thereat. 897. The sheriff of each county, except New York : Kings, must, within a reasonable time before the sitt ne, his county, of a special term of the supreme court, or a term of the circuit court, county court, court of oyer and termin or court of sessions, notify, in writing and personally, many constables of his county, as he has been directed to notify, by the court, or the judge who is to hold or preside at the term, to appear and attend upon the term, during its sitting. § 98. If such a direction has not been given by the court or the judge, the sheriff may in like manner notify as many onstables, as he deems necessary, for the purposes specified n the last section. § 99. Each constable seasonably notified, as prescribed n the last two sections, must attend the term accordingly; and for each day's neglect, he may be fined by the court, at he term which he was notified to attend, a sum not exceedng five dollars. CHAPTER II. 'OWERS, 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. ITLE I.-PROVISIONS RELATING TO THE EXECUTION OF CIVIL MANDATES GENERALLY. 'ITLE II.—PROVISIONS RELATING TO THE EXECUTION, BY A SHERIFF, OF A MANDATE AGAINST THE PERSON. ITLE III.-APPLICATION OF THE FOREGOING PROVISIONS TO THE PROCEEDINGS OF A CORONER. ITLE IV.—POWERS, DUTIES, AND LIABILITIES OF AN INCOMING AND OUTGOING SHERIFF, RESPECTIVELY, TOUCHING THE MATTERS INCLUDED IN THIS CHAPTER |