§ 81. Limitation of provisions.

This article does not prohibit an attorney or counselor from defending himself in person, if prosecuted either civilly or criminally. From Id., § 4

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.

SEC. 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.

28. Supervisors to provide for compensation, etc., of stenographers.

89. Clerk of appellate division and county clerk to appoint special deputy clerk.

90. Clerk in New York and Kings not to be referee, etc.

91. Criers for courts of record.

92. When sheriff, constable, etc., to act as crier.

93. Seals and records of former superior city courts.

94. Interpreter for 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 notify 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. No stenographer of any court in this state shall be, or become interested, directly or indirectly, as contracting party, partner, stockholder or otherwise, in, or in the performance of, any contract, work or business relating to the preparation or printing of any case, or any case and exceptions, or any case containing exceptions on appeal, or any bill of exceptions, or papers on appeal from non-enumerated motions, or briefs or points of counsel in any case in any court of this state. If any such stenographer shall be, or become so interested in any such work of preparation or printing, unless the same shall be devolved upon him by law, he shall forfeit his office.

Am'd by ch. 467 of 1903. In effect Sept. 1, 1903.

§ 83. General duty of stenographer; notes, when to be filed.

Each stenographer specified in this act must take full stenographic notes of the testimony and of all other proceedings in each cause tried or heard. 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 take complete stenographic notes of 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 excep tion taken to any such ruling, decision, remark or comment by or on behalf of any party to the action. In case of an appeal, every remark or comment of such judge during the trial, duly excepted to, shall be the subject of review, but the case and exceptions on appeal shall be settled by the trial justice as now provided by law. After any such ruling, decision, remark or comment has been made the same shall not be altered or amended by the stenographer, or the judge presiding at the trial 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 pay ment 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. 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 written 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 pay the stenographer's fees for such a copy.

Taken from various special acts.

See ch. 369 of 1881.

§ 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 attorney-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.

From Id.

§ 87. These sections applicable to assistant stenographers.

The 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.

From Id.

§ 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.

From Id.

§ 89. County clerk to appoint special deputy 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 clerk 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 sixty thousand at the last enumeration (except a county wherein provision is now 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 made 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 there at. The provisions of this section shall not apply to the first judicial department.

From ch. 211 of 1851; ch. 710 of 1871, §§ 1 and 2.

Am'd by ch. 416 of 1877; ch. 542 of 1879; ch. 946 of 1895; ch. 604 of 189), and by ch. 629 of 1903. In effect Sept. 1, 1903.

§ 90. Clerk in New York, or Kings, not to be referee, et cetera.

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.

From ch. 205 of 1876.

Am'd by ch. 416 of 1877; ch. 558 of 1896, and ch. 454 of 1897.
See § 2511.

See 1079 Consol. Act.

§ 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. except in the county of Westchester where the compensation of such crier shall be fixed by the county judge, not to exceed the sum of one thousand two hundred dollars a year to be paid in equal monthly payments by the treas wer of Westchester county in full compensation for all servers rendered by him. The justices of the sumeme court residing in the ighth judicial district together with the county judge of Erie county, or a majority of them, shall ap point, and may at pleasure remove one or more criers for all the courts of record held in the said county of Erie. Such criers appointed for Erie county shall each receive one thousand two hundred 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.

From ch. 588 of 1866.

Am'd by ch. 416 of 1877; ch. 389 of 1883; ch. 946 of 1895; ch. 387 of 1901, and ch. 601 of 1903. In effect Sept. 1, 1903.

See $95

27

§ 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.

From ch. 470 of 1847, part of § 42.

§ 93. Seals and records of former superior city courts. The seals, books, files, records, papers and documents of the su perior 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.

From ch. 438 of 1872, § 2.

Am'd by ch. 398 of 1884; ch. 302 of 1889; ch. 496 of 1890; ch. 3 of 1891; ch. 669 of 1892; ch. 946 of 1895 and 74 of 1896.

§ 94. Interpreter for courts of record in Kings county. The justices of the supreme court for the second judicial district, residing in King's 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.

From ch. 510 of 1864, § 1, as amended by ch. 249 of 1869, § I.

Am'd by ch. 416 of 1877; chs. 724 and 946 of 1895 and ch. 92 of 1897.
See § 360.

§ 95. Attendants and messengers, how appointed Kings county.

in

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.

From ch. 165 of 1873, § 1.

Am'd by ch. 946 of 1895.

§ 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.

From ch. 648 of 1870, § 2.