$140. Id.; to prisoners removed. If a person confined in or removed to the jail of a contiguous county, designated as prescribed in this article, becomes enti tled to the liberties of the jail, the sheriff of that county must admit him to the jail liberties, as if he had been originally arrested by that sheriff, on a mandate rected to him.

2 R. 8. 428, 430, § 20.

§ 141. When designation to be revoked, etc.- When a jail is erected for the county, for whose use the desig nation was made, or its jail is rendered fit and safe for the confinement of prisoners, or the reason for the des ignation of another jail or place has otherwise ceased to be operative, the designation must be revoked, as prescribed in this article.

Id., 21.

§ 142. Copy of revocation to be served on sheriff' sheriff's duty thereon. The county clerk must imme diately serve a copy of the revocation, duly certified by him under his official seal, upon the sheriff of the same county; who must remove the prisoners belonging to his custody, and confined without his county, to his proper jail. If a prisoner has been admitted to the jail liberties in the other county, he must also be removed; and he is entitled to the liberties of the jail of the county, to which he is removed, without a new bond, as if he had been originally admitted to the jail liber ties in that county; and the bond given by him applies accordingly to those liberties.

Id., 29, am'd.

§ 143. Removal of prisoners in case of fire. If, by reason of a jail, or a building near a jail, being on fire, there is reason to apprehend that some or all of the prisoners confined in the jail, may be injured, or may escape, the sheriff or keeper of the jail may, in his discretion, remove them to some safe and convenient place, and there confine them, until they can be safely returned to the jail; or, if the jail is destroyed, or so injured, that it is unfit or unsafe for the confinement of the prisoners, until a designation is made, as prescribed In section 135 of this act.

Id., 25, am'd.

ished accordingly, and must be removed from office by the supreme court.

L. 1846, ch. 120, 3.

§ 81. Limitation of provisions.-This article does not prohibit an attorney or counsellor from defending himself in person, if prosecuted either civilly or criminally.

Id., 4.

ARTICLE THIRD.

GENERAL PROVISIONS CONCERNING CERTAIN MINISTE RIAL OFFICERS, CONNECTED WITH THE ADMINISTRA TION OF JUSTICE; AND SPECIAL PROVISIONS CONCERNING OFFICERS OF THAT DESCRIPTION, ATTACHED TO TWO OR MORE COURTS.

Bao. 82. Qualifications of stenographer.

83. General duty of stenographer; notes, when to be filled.
84. Notes, how preserved; when written out.

85. Stenographers to furnish gratuitously copies of proceedings, tc
Judge.

86. To furnish like coples to parties, district-attorney and attorneygeneral; compensation.

87. These sections applicable to assistant-stenographers.

88. Supervisors to provide for compensation, etc., of stenographers. 89. Clerks of appellate division and special deputy clerks.

90. Clerk in New York or 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 stenog. rapher, 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 sub scribe 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.

This and most of the provisions relating to stenographers embody provisions of special acts.

§ 83. [Amended, 1893.] General duty of ste nographer; notes, when to be filed.-Each stenog rapher specified in this act must, under the direction

For the county of Rensselaer, the whole of the city of Troy. For the county of Niagara, the whole of the city of Lockport. In effect, as amended, Feb. 26, 1895; L. 1895, ch. 42. L. 1846, ch. 32; L. 1851, ch. 202; L. 1859, ch. 198; L. 1861, ch. 61 and 73; L. 1863, ch. 186; L. 1872, ch. 16 and 538; L. 1873, ch. 196 and 603.

§ 146. Jail liberties in other counties.-The liberties of the jail, in each of the other counties of the State, as heretofore established, shall continue to be the liberties thereof, until they are altered, or new liberties are established, as prescribed by law.

? R. 8. 432, 33 (3 R. S., 5th ed., 731; 2 Edm. 451). Peters v. Henry, 6 Johns. 121; Chamberlain v. Campbell, 39 Barb. 642.

$147. Jail liberties, how laid out. - Where the liberties of a jail are altered or established, by resolution of the board of supervisors, as prescribed by law, a space of ground, adjacent to the jail, and not exceeding five hundred acres in quantity, must be laid out as the jail liberties, in a square or rectangle as nearly as may be; but a stream of water, canal, street, or highway, may be adopted as an exterior line, notwithstanding it is not in a straight line, or is not at right angles with the other exterior line of the liberties. A resolution establishing or altering jail liberties, must contain a particular description of their boundaries; and as soon as may be after its adoption, the boundaries must be designated by monuments, inclosures, posts, or other visible and permanent marks, at the expense of the county.

Id., 34; L. 1875, ch. 482, § 1.

§ 148. Copy to be kept posted in jail. The county clerk must, within one week after a resolution of the board of supervisors, establishing or altering jail liberties, has been filed in his office, deliver an exemplified copy thereof to the keeper of the jail; who must keep the same exposed to public view, in an open and public part of the jail, and exhibit it to each person admitted to the liberties of the jail, at the time of his executing a bond for that purpose.

Id., 38 and 39.

§ 149. [Amended, 1886.] Who admitted to liberties. A person in the custody of a sheriff, by virtue of an order of arrest; or of an execution in a civil action; or in consequence of a surrender in exoneration of his

judge to direct a party or the parties to an action or special proceeding, or the county treasurer, stenographer's fees for such a copy.

to pay the

§ 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 stenog rapher 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 the cer tificate, like other county charges,

87. These sections applicable to assistant stencgraphers. The provisions of the last five sections are. also applicable to each assistant-stenographer, now in office, or appointed or employed, pursuant to any provi sion 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 etenographer, to be held by him with like effect, as if they had been taken by him.

$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 assistantstenographer; and all laws relating to raising money it a county, by the board of supervisors thereof, are applicable to those sums.

$89. [Amended, 1895.] Clerks of appellate division and special deputy clerks.-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. 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 thereat. The provisions of this section shall not apply to the first judicial department. In effect Jan. 1, 1896; L. 1895, ch. 946.

§ 90. [Added, 1877.] Clerk in New York, or Kings, not to be referee, etc.— No person holding the office of clerk, deputy-clerk, special deputy-clerk, or assistant in the clerk's office, of a court of record or of the surrogate's court, within either of the counties of New York or Kings, 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 parties in default for failure to appear or to plead.

L. 1876, ch. 205.

Criers for courts of

§ 91. [Amended, 1895.] 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. The justices of the supreme court residing in the eighth judicial district, together with the county judge of Erie county, or a majority of them, shall appoint, and may at pleasure remove one or more criers for all the courts of record held in said county of Erie. Such criers appointed for Erie county shall each receive one thousand 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.

In effect Jan. 1, 1895; L. 1995, ch. 946.

$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.

L. 1847, ch. 470, part of § 42 (4 Edm. 589), am'd.