salary hereby established shall be paid by the comptroller of the state to such appointees quarterly. The justices of the appellate division in each. department shall have power to appoint and remove not more than three attendants, one of whom shall act as crier. Each of said attendants shall receive a compensation to be fixed by the justices, which shall not exceed three dollars a day for each day's attendance upon the sessions of said court. He shall also be entitled to receive his traveling expenses to and from his home to the place where said sessions are held, not exceeding once in each term. The justices in each department shall have power to employ the services of a stonographer. The compensation of the attendants shall be paid by the comptroller of the state upon the certificate of the presiding justice of the department. The compensation of each stenographer shall also be paid by the comptroller upon the certificate of the justice by whom he is employed. [AM'D BY CH. 376 or 1895. In effect May 13, 1895.]

§ 222. Assignment of duties to justice whose designation is revoked. Repealed by chapter 946 of 1895. [To take effect Jan. 1, 1896.]

§ 223. Designation, etc., to be filed with secretary of state. A designation of a justice of the appellate division of the supreme court, must be in writing, and filed in the office of the secretary of state. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 224. Presiding and associate justices may act out of their departments. Repealed by chapter 946 of 1895. [To take effect Jan. 1, 1896.] V§ 225. Times and places of holding terms of the appellate division

of the supreme court; how appointed. The terms of the appellate divisions of the supreme court are to be appointed by the appellate division in each department, and are to be held at such times and places and shall continue so long as the appellate division deems proper. [AM'D BY CH. 946 OF 1895. In effect June 26, 1895.]

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§ 226. Appointment to be published. An appointment of a term or terms of an appellate division must be made and filed in the office of the secretary of state at least thirty days before the commencement of such term or terms. The secretary of state must immediately publish a copy thereof in the newspaper printed in Albany in which legal notices are required to be published at least once in each week for four successive weeks. The expenses of publication are to be paid out of the treasury of the state. [New.] [AM'D BY CH. 946 or 1895. In effect June 26, 1895.]

§ 227. Appointment may be made or filed after the prescribed time. Repealed by chapter 946 of 1895. [To take effect Jan. 1, 1896.]

§ 228. When associate justice to preside. If the presiding justice is not present at the sitting of the appellate division the associate justice residing in the department having served the longest time as such, or, if two are present who have served the same length of time, the elder of them must act as presiding justice until a presiding justice attends. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

$229. Repealed by chapter 946 of 1895. [To take effect January 1, 1896.]

§ 230. Number of justices necessary for a decision. In each department four of the justices of the appellate division of the supreme court shall constitute a quorum, and the concurrence of three justices is necessary to pronounce a decision. No more than five justices shall sit in any case. If three do not concur in a decision, a reargument must be ordered. [New.] [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 231. Reargument, etc., when cause to be heard in another department. Where in any case four justices of the appellate division in any department are not qualified to sit therein or where the justices qualified to hear the appeal are equally divided, the court must direct the same to be sent to another department to be specified in the order to be there heard and determined. [New.] [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

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$232. Appointments of terms of the supreme court. The justices of the appellate division in each department may fix the times and places for holding special and trial terms therein, and assign the justices of the departments to hold such terms, or make rules therefor. If said justices of the appellate division in any department shall not have fixed the times and places for holding said special and trial terms, or shall not have assigned. the justices to hold such terms, or shall not have made rules therefor, before the first day of December, in the year eighteen hundred and ninety-five, and in every second year thereafter, the justices of the supreme court for such judicial department, or a majority of them not designated as justices of the appellate division, must, between the first and fifteenth days of December in each of said years, appoint the times and places for holding the trial and special terms of the supreme court within their department, for two years from the first day of January of the year next following; if for any reason such an appointment is not made before the expiration of the time so specified, it must be made at the earliest convenient time thereafter. At least one special term and two trial terms must be appointed to be held in each year in each county separately organized. Fulton and Hamilton counties shall be deemed one county for the purposes of this section. Two or more trial terms may be appointed to be held and may be held at the same time in the city and county of New York. A trial term may be held in two or more parts whenever, in the opinion of the justice assigned to hold the term, the business to be done shall require it. The rules made by the justices of an appellate division for fixing the times and places for holding special and trial terms, and for assigning the justices to hold such terms, must be signed by the justices making them, and immediately filed in the office of the secretary of state; and a duplicate thereof must also be filed in the office of the clerk of such appellate division, who must immediately transmit a copy thereof, certified by him, to each of the justices of the supreme court in such department not designated as a justice of an appellate division. The justices of the appellate division of each department are hereby authorized to adopt and procure an official seal, with suitable devices and inscription. A description of such seal, with an impression thereof, shall be filed in the office of the secretary of state. The expense of procuring such seal shall be a charge against the state, and shall be paid by the state treasurer upon the audit and warrant of the comptroller. [AM'D BY CHEL 376 OF 1895. In effect May 13, 1895.] V 2347

§ 233. Publication of appointments. An appointment so made must be signed by the justices making it, and immediately filed in the office of the secretary of state, who must publish a copy thereof in the newspaper, printed at Albany, in which legal notices are required to be published, at least once in each week, for three successive weeks, before the holding of a term in pursuance thereof. The expense of the publication is payable out of the treasury of the state.

Y2234. Governor may appoint extraordinary terms; justices to hold

them. The governor may, when, in his opinion, the public interest so requires, appoint one or more extraordinary terms of the appellate division of the supreme court in any department, or of the special or trial terms of the supreme court. He must designate the time and place of holding the same, and name the justice who shall hold, or preside at such term, except of the appellate division; and he must give notice of the appointment in such manner as, in his judgment, the public interest requires. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 235. General powers and duties of justices. Any justice of the supreme court has power to hold a special or trial term of the supreme court for the whole or any portion of the term; and to act upon any business which regularly comes before the term in which he is sitting, except where he is personally disqualified from sitting in a particular action or special proceeding. Each justice must, at all reasonable times when not engaged in holding court, transact such judicial business as may be done out of court. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

M 82 3§ 236. Governor may appoint in New York city, judge of other

court to hold terms. Repealed by chapter 946 of 1895. [To take effect January 1, 1896.]

§ 237. Governor to designate justices to hold courts in certain cases. If a special or trial term of the supreme court, duly appointed, is in danger of failing, the appellate division of the supreme court in the department in which such term is to be held, if in session, or if not in session, then the governor may designate a justice or justices of the supreme court, residing in such department, to hold such term in the absence of the justice or justices assigned thereto. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 238. Place of holding the terms. The place appointed within each county for holding a special term of the supreme court, at which issues of fact are triable, or a trial term must be that designated by the statute for holding the county court. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 239. Special terms adjourned to chambers; trials thereat. A special term of the supreme court may be adjourned to a future day, and to the chambers of any justice of the court, residing within the judicial district, by an entry in the minutes; and then adjourned from time to time, as the justice holding the same directs. An action triable by the court, without a jury, which was upon the calendar of the term before it was adjourned, may be tried at a term so adjourned, and held at chambers, by consent of both. parties, but not otherwise. In that case, the attendance of the clerk, the sheriff, the crier, or a constable, is not required, unless the justice directs one or more of those officers to attend.

§ 240. Judges of superior court of Buffalo may make orders. Repealed by chapter 946 of 1895. [To take effect January 1, 1896.]

§ 241. What judges may perform duties of justices at chambers. A county judge within his county possesses, and upon proper application must exercise, the power conferred by law in general language upon an officer authorized to perform the duties of a justice of the supreme court at chambers or out of court. [AM'D BY CH. 946 or 1895. In effect Jan. 1, 1896.]

§ 242. Officers required to attend a term of the appellate division, sheriff's duty. A term of the appellate division of the supreme court must be attended by the sheriff of the county in which it is held, his under-sheriff, or one of his deputies; by not more than three attendants appointed by such court, one of whom shall act as crier; by the clerk of the appellate division of the supreme court appointed for the department in which the term is held; all of whom must act under the direction of the court or of the presiding justice. The sheriff of the county must cause the room in which a term of the appelate division is held to be properly heated, ventilated, lighted and kept comfortably clean and in order. The court may enforce the performance of that duty by the sheriff. The sheriff must also provide the court with all necessary stationery and minute-books, upon the written requisition of the court or of the justice presiding at the term. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 243. Fees of such officers how paid. The fees of the sheriff, and such attendants for attending a term of the appellate division and all expenses incurred by a sheriff in obedience to the last section must be audited by the comptroller and paid out of the treasury of the state. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

SECTION 244. Repealed.

ARTICLE SECOND.

THE SUPREME COURT REPORTER.

245. Term of office; how appointed and removed.
246. Meeting for appointment.

247. Special meeting for appointment or removal.

248. Papers and opinions to be furnished to the reporter.

249. Duty of reporter; no salary to be paid to him.
250. Price of the volumes of reports.

§ 244 Designation of supreme court reporter. Repealed by chapter 946 of 1895. [To take effect January 1, 1896.]

$ 245. Term of office; how appointed and removed. The term of office of the supreme court reporter is five years from the time of his appointment, and until his successor is appointed and qualifies. He must be appointed and may be removed for cause, by the justices of the appellate divisions of the supreme court, or a majority of such of them as attend at a convention, held as prescribed in the next two sections. An appointment or removal must be in writing; it must be signed by the justices making it, and filed in the office of the secretary of state; otherwise it is of no effect. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 246. Meeting for appointment. The justices of the appellate divisions of the supreme court must meet in convention at the capitol in the city of Albany, at noon of the day when the term of office of the supreme court reporter expires, for the purpose of appointing a supreme court reporter in his place. If that day is a Sunday or a public holiday, the convention must be held at the same time and place, on the first day thereafter not being Sunday or a public holiday. If an appointment is not made at such a meeting, it may be made at a special meeting of the convention, held as prescribed in the next section. The supreme court reporter may be removed at such a special meeting. [AM'D BY CHAP. 946 or 1895. In effect Jan. 1, 1896.]

§ 247. Special meeting for appointment or removal. A special meeting of the convention, for the appointment or removal of a supreme court reporter, must be held at the capitol in the city of Albany; but it may be adjourned to any other place. It may be called by a presiding justice by written or printed notice stating the object of the meeting, and served personally or through the post-office, upon each of the justices of the appellate divisions of the supreme court at least two weeks before the time appointed therefor. If the object of the meeting is to consider the question of the removal of the supreme court reporter, the notice must be accompanied with a copy of the grounds alleged for the removal; and both must be served upon the supreme court reporter personally, or by leaving them at his last place of residence, with some person of suitable age and discretion, at least ten days before the time appointed for the meeting. [AM'D BY CHAP. 946 OF 1895. In effect Jan. 1, 1896.]

§ 248. Papers and opinions to be furnished to the reporter. In each cause heard by the appellate division of the supreme court, the attorney or counsel for each party must deliver to the clerk of said appellate division, for the use of the supreme court reporter, a duplicate of each paper furnished by him for the use of the court. The clerk must collect such papers from the counsel; and immediately after the adjournment of the term, he must transmit them, and certified copies of all the decisions, made at that term, to the supreme court reporter, at the latter's expense. Each judge who renders a written opinion in a cause decided by the appellate division, must transmit it, or a certified copy thereof, to the supreme court reporter, who must pay the expense of transmission, and also, where a copy is transmitted, the expense of copying, not exceeding eight cents for each folio. [AM'D BY CHAP. 946 OF 1895. In effect Jan. 1, 1896.]

§ 249. Duty of reporter; no salary to be paid to him. The supreme court reporter is not entitled to a salary. He must report and publish such of the decision at the terms of the appellate division or special terms of the court as he deems it for the public interest to have reported. He must also report and publish the decision in a particular case, which the court, at a term of the appellate division or special term, especially directs him to report. He must prepare for each volume and cause to be published therewith, the usual digest, head notes, table of contents and index. [AM'D BY CHAP. 946 or 1895. In effect Jan. 1, 1896.]

§ 250. Price of the volumes of the reports. The supreme court reporter must cause the reports, published as prescribed in the last section, to be kept constantly for sale to persons within the state, at a price not