§ 76. Limitation of preceding sections. The last three sections do not prohibit the receipt, by an attorney or counsellor, of a bond, promissory note, bill of exchange, book-debt, or other thing in action, in payment for property sold, or for services actually rendered, or for a debt antecedently contracted; or from buying or receiving a bill of exchange, draft, or other thing in action for the purpose of remittance, and without intent to violate either of those sections.

2 R. S. 287, § 74.

77. Same rule when party prosecutes in person.

The last four sections apply to a person prosecuting an action in person, who does an act, which an attorney or counsellor is therein forbidden to do.

L. 1847, ch. 470, part of § 47 (4 Edm. 590).

§ 78. Partner of district-attorney, etc., not to defend prosecutions.

An attorney or counsellor shall not, directly or indirectly, advise concerning, aid, or take any part in, the defence of an action or special proceeding, civil or criminal, brought, carried on, aided, advocated, or prosecuted, as attorney-general, district-attorney, or other public prosecutor, by a person with whom he is interested or connected, either directly or indirectly, as a law partner; or take or receive, directly or indirectly, from a defendant therein, or other person, a fee, gratuity, or reward, for or upon any cause, consideration, pretence, understanding, or agreement whatever, either express or implied, having relation thereto, or the prosecution or defence thereof.

L. 1846, ch. 120, § 1 (4 Edm. 554), am'd.

§ 79. Attorne not to defend when he has been public prosecutor.

An attorney or counsellor, who has brought, carried on, aided, advocated, or prosecuted, or has been in any wise connected with, an action or special proceeding, civil or criminal, as attorney-general, district-attorney, or other public prosecutor, shall not, at any time thereafter, directly or indirectly, advise concerning, aid, or take any part in, the defence thereof; or take or receive, either directly or indirectly, from a defendant therein, or other person, a fee, gratuity, or reward, for or upon any cause, consideration, pretence, understanding, or agreement, either express or implied, having relation thereto, or to the prosecution or defence thereof. Id., § 2, am'd.

§ 80. Penalty.

An attorney or counsellor, who violates either of the last two sections, is guilty of a misdemeanor; and, on conviction thereof, shall be punished accordingly, and must be removed from office by the supreme court.

Id., § 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 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 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 of 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. § 83. [Am'd, 1893.] General duty of stenographer; notes, when to be filed.

Each stenographer specified in this act must, under the direction of the judge presiding at or holding the term or sitting which he attends, take full stenographic notes of the testimony 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 the proceedings therein. 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 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 amended 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. L. 1893, ch. 388.

§ 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.

§ 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 the certificate, like other county charges.

§ 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 einployed, 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.

§ 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 in a county, by the board of supervisors thereof, are applicable to those sums.

89. [Am'd,

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. L. 1895, ch. 946.

§ 90. [Added, 1877; am'd, 1896.] 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 a surrogate's court, nor any person holding a salaried office under the city or county government, or who receives money by virtue of an office which is a county charge, within either 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; L. 1896, ch. 558. In effect Sept. 1, 1896.

§ 91. [Am'd, 1895.] 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. 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.

L. 1895, 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.

§ 93. [Am'd, 1895, 1896.] Seals and records of former superior city courts.

The seals, books, files, records, papers and documents of the superior 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.

L. 1895, ch. 946; L. 1896, ch. 74. In effect March 5, 1896.

§ 94. [Am'd, 1895.] Interpreters for courts of record in Kings county.

The board of supervisors of the county of Kings may appoint an interpreter or interpreters, to attend the terms of the courts of record, except the county court, held in that county, at which issues of fact are triable; who shall hold office during good behavior.

L. 1895, ch. 724. See post, § 360.

§ 95. [Am'd, 1895.] Attendants and messengers, how appointed in Kings county.

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. L. 1895, ch. 946.

§ 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.

L. 1870, ch. 648, § 2.

§ 97. [Am'd, 1895, 1896.] Sheriff, when directed to notify constables, etc., to attend courts.

The sheriff of each county, except New-York and Kings, must, within a reasonable time before the sitting, in his county, of any term of court, notify, in writing and personally, as many constables or deputy sheriffs of his county, as he has been directed to notify, by the court or judge who is to hold or preside at the term, to appear and attend upon the term during its sitting. In addition to such constables, or deputy sheriffs, the justices of the supreme court of the eighth judicial district residing in the county of Erie, or a majority of them, shall, in their discretion, appoint and at their pleasure may remove one or more court officers, whose duty it shall be to attend at the justices' chambers and at special terms of the supreme court held in said county of Erie. Such officers shall possess all the powers of officers designated by sheriffs to attend upon courts, and shall each receive a salary of one thousand dollars a year, to be paid in equal monthly