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§ 202. Clerks for judges. of the court of appeals. [Added 1897.]—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. He shall be entitled to a compensation to be fixed by such judge, not exceeding twelve hundred dollars a year, to be paid monthly by the comptroller upon the certificate of the judge.

? 203. Offices for judge of the court of appeals. [Added 1897.]-The board of supervisors of a county in which a law library is maintained by the state shall, upon 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 upon the audit and warrant of the comp. troller.

§ 204, [* Repealed by L. 1894, c. 135.] § 205. [* Repealed by L. 1894, c. 135.] § 206. [Repealed by L. 1894, c. 135.] See foot-note, page 39.

The Union Surety and Quaranty Co]

The Union

§ 207. [* Repealed by L. 1894. c. 135.]

§ 208. [* Repealed by L. 1894, c. 135.]



20. State reporter is the reporter of court of appeals.

210. His duty.

211. Not to be interested in
publication; contracts for

212. Copyright of reports.
213. Secretary of State to dis-

tribute reports.

$214. Unreported decisions, etc., to be delivered by reporter to successor.

215. Opinions, etc., not to be delivered, except, etc.

21. Certain opinions to be deposited with clerk.

§ 209. The reporter appointed by the court of appeals is styled the State reporter; and each provision of a statute, wher in the State reporter is mentioned, applies to the officer thus appointed.

$210. The State reporter must report every cause, 'determned in the court of appeals, which the court directs himor which the public interest, in his judgment, requires him to report. To enable him to perform that duty, the judges of the court must deliver to him the written opinions, rendered in ench cause so determined. Each decision of the court, which is r ported, must be so reported as soon as practicable after it is made; and if the reporter neglects faithfully to per

L 1894, c. 135, passed March 15, 1894, provides as folfows:

§ 1. The clerk of the court of appeals shall transfer to the comptroller of the State of New York all the moneys, securities and real estate which he now holds, or which he now has in his custody, as part of the funds and property formerly under the control and in the possession of the court of chancer, or in any manner appertaining thereto. The comptroller shall give a receipt to said clerk for such moneys, 8 curities and evidences of title, and thereupon the comptroller shall be vested with the same possession of such property as is now vested in the clerk of the court of appeals.

& 2. Sections two hundred and two, two hundred and three two hundred and four, two hundred and five, two hundred an 1 six, two hundred and seven and two hundred and eight of the code of civil procedure; also chapter two hundred of the laws of New York of eighteen hundred and sixty three; also section five of chapter three hund red of the laws of New York of eighteen hundred and forty-nine; also all laws or parts of laws inconsistent with the provisions of this act, are hereby repealed.

l'his act shall take effect thirty days after the passage thereof.

77 Hun, 512; 78 Id. 151.

form that duty, it is the duty of the court to remove him from office.

§ 211. [Am'd 1895.] The state reporter shall not have any pecuniary interest in the reports; but a contract for the publication thereof under his supervision, must, from time to time, be made in behalf of the people by the state reporter, subject to the approval of the chief judge of the court of appeals, with the person or persons who agree to furnish to the secretary of state so many copies of each volume as may be needed to enable him to comply with the next section but one; and also to publish and sell the reports on terms the most advantageous to the public, regard being had to the proper execution of the work, and at a price not exceeding two dollars for a volume of not less than five hundred pages. Each contract so entered into must provide for the publication of the reports for five years from the expiration of the time specified for that purpose in the last contract. If the state reporter determines that a contract has not been faithfully kept by the person or persons agreeing so to publish the reports said reporter may, by an instrument in writing, under his hand, approved by the chief judge of the court of appeals, filed in the office of the secretary of state, annul the same from a time specified in the instrument; and thereupon he may enter into a new contract, likewise to be approved by the chief judge of the court of appeals, for the publication of the reports for five years from the time so specified. Before entering into a contract the state reporter must advertise for, eceive and consider proposals for the publication of the reports.

§ 212. [Am'd 1877.] Neither the State reporter nor any other person shall obtain a copyright tor the opinions contained in the reports; and the same may be published by any person. But the copyright of the statements of facts, of the head-notes, and of all other notes or references, prepared by the State reporter, must be taken by, and shall be vested in the Secretary of State, for the benefit of the people of the State.

§ 213. [Am'd 1894, 1899.] Secretary of State to distribute reports. Of the copies of each volume of the reports, furnished to the Secretary of State, he must deliver one to the clerk of each county, for the use of the county, deposit one in the office of the attorney-general, deliver one to the clerk of the court of appeals, for the use of that court and one for each judge thereof, deliver one to each justice of the supreme court, and to each county judge, and deposit three copies in the state library.

§ 214. A State reporter must, on the appointment of his successor, deliver to him all papers in his hands, pertaining to a cause which he has not reported, or which are not necessary to be retained by him, to complete the publication of a volume which is then partly printed.

§ 215. A State reporter, after the expiration of his term of office, shall not deliver a paper specified in the last sect on, or a copy thereof, to any person other than his successor in office, or the publisher of a partly printed volume; except that a copy of such a paper may be furnished by him, during a vacancy in the office, to a judge of the court, or to the attorney for a party to the cause to which it relates.

§ 216. The State reporter must deposit with the clerk of the court, all opinions delivered to him, which are not to be reported, immediately after the publication of the reports of the other cases, decided at the same time. They must be properly filed and preserved, by the clerk,

§ 217




The supreme court, including the circuit courts.

ARTICLE 1. Jurisdiction and powers; designations of terms; distribution of business among the terms and judges; attendants upon the sittings; miscellaneous provisions.

2. The supreme court reporter.

3. Stenographers.




§ 217. General jurisdiction of supreme court.

218. Supreme court may change place of trial of actions pending in other courts. 219. Judicial departments; general terms.

220. Presiding and associate justices; how long to act.

221. Clerks' attendants and


222. Assignment of duties to justice whose designation for the appellate division is revoked.

223. Designation, etc., to be filed with Secretary of State. 224. Presiding and associate justices may act out of their departments. 225. Times and places of holding terms of the appellate division of the supreme court: how appointed. 226. Appointment to be pub Jished.

227. Appointment may be made or filed after the prescribed time.

228. When associate justice to preside, etc.

229. Special or trial terms, by whom to be held. Title to public office, appeal involving.

§ 230. Number of justices necessary for a decision.

231. Re-argument, etc. When cause to be heard in another department. 232. Appointments of special and trial terms.

233. Publication of appoint


234. Governor may appoint extraordinary terms; justices to hold them. 235. General powers and duties of justices.

236. Governor may appoint in New York city, judge of other court to hold terms. 237. Governor to designate justices to hold courts in certain cases.

238. Place of holding the terms. 239. Special terms adjourned

to chambers; trials thereat.

240. Judges of superior court of Buffalo may make orders. 241. What judges may perform duties of justice at chambers.

242. Officers required to attend a term of the appellate division, Sheriff's duty. 243. Fees of such officers; how paid.

§ 217. The general jurisdiction in law and equity, which the supreme court of the State possesses, under the provisions of the Constitution, includes all the jurisdiction, which was possessed and exercised by the supreme court of the colony of New York, at any time, and by the court of chancery in England, on the fourth day of July, seventeen

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