of appeals, to indemnify the persons aggrieved by the breach, in proportion to their respective losses, and to make good any other loss, occasioned by the breach. The clerk must keep his office at the city of Albany, and the trustees of public buildings must assign him suitable rooms therein for that purpose. [Code Civ. Pro., § 199. The amount of the bond is reduced from $25,000 to $5,000. Since the clerk of the court has no longer jurisdiction of the chancery funds, very little money passes through his hands, and a bond of $5,000 is deemed to be sufficient security. In the last sentence the words "trustees of public buildings" are substituted for "trus tees of the state hall."] § 55. Appointment and powers of deputy.-The clerk, by a writ, ing, under his hand and the seal of the court, filed in the office of the secretary of state from time to time must appoint, and may for cause remove a deputy clerk, who is entitled to a salary, fixed and to be paid as prescribed by law. Before entering on his duties, the deputy clerk must subscribe and file in the office of the secretary of state the constitutional oath of office. While the elerk 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. [Code Civ. Pro., § 200, without change, except that the appointment and oath of the deputy are required to be filed in the office of the secretary of state.] § 56. Clerk may employ assistants in his office; special deputy. -The clerk may with the approbation 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. [Code Civ. Pro., § 201, § 57. Fees of clerk.-The clerk of the court of appeals is entitled, for the services specified in this section, to the following fees: For filing a notice of appeal to that court, and all the papers transmitted therewith, fifty cents. For filing any other paper, ten cents. For drawing an order, twenty cents for each folio. For entering an order, twenty cents; and for each folio more than two, ten cents. For drawing a judgment, twenty-five cents; and for each folio more than two, ten cents. For entering a judgment, twenty-five cents; and for each folio more than two, ten cents. For a certified copy of an order, record, or other paper, entered or filed in his office, ten cents for each folio. For engrossing a remittitur, ten cents for each folio. For a certificate, other than that a paper, for the copying of which he is entitled to a fee, is a copy, twenty-five cents. For sealing any paper, when required, fifty cents. [Code Civ. Pro., § 3300, § 58. Clerk to pay over fees.-The clerk of the court of appeals must, within ten days after the first day of January and after the first day of July in each year, render to the comptroller an accur. ate account under oath of all fees received by him for his official services since the last account was rendered; and must pay the same into the treasury of the state. [Code Civ. Pro., § 3283, without change.] § 59. Clerks for judges.—Each judge of the court of appeals may appoint and at pleasure remove a clerk, who shall perform such services as the judge appointing him may require. [Code Civ. Pro., § 202, first sentence, without change. The last sentence of § 202, fixing the compensation of such clerks is in § 63 of this chapter.] § 60. Offices for judges.-The board of supervisors of a county in which a law library is maintained by the state shall, on the request of a judge of the court of appeals who resides therein, provide and maintain for his use, suitable and commodious offices, approved by him. In case of the refusal or neglect of the board to comply with such request, the judge may rent and maintain at his place of residence offices suitable for his use, and the expense thereof shall be a county charge. A judge of said court who resides in a county where there is no such library, may rent and maintain at his place of residence offices suitable for his use, and the necessary expense thereof shall be paid by the state treasurer on the audit and warrant of the comptroller. [Code Civ. Pro., § 203, § 61. Enrollment by court of appeals of decrees of court of chancery. The court of appeals, or any judge thereof, in term or vacation has power, on satisfactory proof that any final order or decree of the late court of chancery has not been properly enrolled, to make an order for the due enrollment thereof, or for an amendment of the enrollment thereof, with like effect and to the same extent that such court of chancery might have done. [L. 1853, ch. 421; R. S., 9th ed., 2131, § 62. Compensation of judges of the court of appeals.-The judges of the court of appeals shall receive the following compensation and expenses: 1. The chief judge, an annual salary of ten thousand five hun. dred dollars. 2. Each associate judge, an annual salary of ten thousand dollars. 3. Each judge shall also receive three thousand seven hundred dollars annually in lieu of and in full for all expenses. [L. 1870, ch. 203, § 8, as amended by L. 1887, ch. 76, L. 1871, ch. 718, § 1. No change in the amount of compensation is made by this section.] § 63. Salaries of officers and attendants of the court of appeals. The officers and attendants of the court of appeals shall each receive an annual salary payable monthly as follows: 1. The state reporter, five thousand dollars. 2. The clerk, five thousand dollars. 3. The deputy clerk, three thousand dollars. 4. The remittitur clerk, twenty-five hundred dollars. 5. The consultation clerk, librarian and stenographer, twentyfive hundred dollars. 6. The assistant librarian and stenographer, twenty-two hundred dollars. 7. The chancery clerk, two thousand dollars. 8. The financial and certificate clerk, two thousand dollars. 9. A clerk appointed by a judge, not exceeding twelve hundred dollars, to be fixed by such judge. 10. The messenger to the clerk, eight hundred dollars. 11. The messenger to the court, seven hundred and fifty dollars. 12. The crier and other attendants, fifteen hundred dollars each. [L. 1871, ch. 238; R. S., 9th ed., 2323, as amended by See also annual appropriation bills. The act of 1871, as amended, fixes the salaries of the remittitur clerk, the consultation clerk, librarian and stenographer, the assistant librarian and stenographer, the crier and attendants, as above provided. The salaries of the state reporter, the clerk, the deputy clerk, the messenger of the court, and the messenger of the clerk are fixed at the above amounts by the annual appropriation acts. The salary of a clerk appointed by a judge is fixed at not to exceed $1,200, by Code Civ. Pro., § 202. The salaries of the chancery clerk and financial and certificate clerk are fixed by the clerk.] § 64. Expenses of state reporter.-The state reporter is entitled to receive for clerk hire and additional assistance, and for office expenses such sum as may be necessary, not exceeding the appropriation therefor, to be paid by the treasurer on the certificate of the reporter and the warrant of the comptroller. [This section is new.] ARTICLE III. SUPREME COURT. Section 70. Judicial districts. 71. Judicial departments. 72. Designation to appellate division. 73. Revocation of assignment of justice of appellate division. 74. Terms of appellate division. 75. When associate justice to preside. 76. Clerks for appellate division. 77. Attendants for appellate division, except in first de partment. 78. Officers required to attend a term of the appellate division; sheriff's duty. 79. Fees of sheriff; how paid. 80. Salaries of officers of appellate divisions. 81. Appointments of special and trial terms by appellate divisions. 82. Appointments of terms by trial judges. 83. Publication of appointments of terms. 84. Place of holding terms. |