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the terms of the appellate division and the trial and special terms of the supreme court, held in the counties of Suffolk, Queens, Richmond, Westchester, Rockland, Putnam, Dutchess, or Orange, and, when not thus officially engaged, the stated terms of the county court, in each of these counties.
§ 257. Each stenographer, appointed as prescribed in the last section, is entitled to a salary fixed by law. To make up and pay the salaries, the board of supervisors of each of the said counties must annually levy, and cause to be collected, as a county charge, a proportionate part of the sum necessary to pay the same, to be fixed by the Comptroller of the State, in accordance with the amount of the taxable real and personal property in each county, as shown by the last annual assessment-roll therein. The treasurer of each county must pay over the sum so raised, to the Comptroller of the State, who must thereupon pay the salary of each stenographer in equal quarterly payments, under the direction of the justice making the appointment.
$258. [Am'd 1882, 1883, 1884, 1885, 1886, 1887, 1888, 1890, 1893, 1894, 1895, amendment to take effect January 1, 1896. In addition to the stenographers appointed under special laws, the justices of the supreme court or a majority of them, for each judicial district excepting the first, second, fifth, seventh and eighth, shall appoint, and may at pleasure remove, three stenographers. The justices of the supreme court, or a majority of them, for the fifth and seventh judicial districts, shall appoint, and may at pleasure remove, four stenographers of the supreme court for each of such dis ricts. The justices of the supreme court for the eighth judicial district shall appoint, and may at pleasure remove, seven stenographers of the supreme court for such district. Each of the stenographers shall attend such special and trial terms of the supreme court in his judicial district as he shall be assigned to attend by the justices of the supreme court, or a majority of them, for such district. Each of such sten ographers sha1 receive an annual salary of twenty-five hundred dollars, to be paid by the comptroller of the State in equal quarterly payments, upon the certificate of a justice of the supreme court of the judicial district for which he shall have been appointed.
§ 259. [Am'd 1885, 1889, 1890.] To provide the means to pay such salary the Comptroller of the State shall, on or be fore the first day of November in each year, fix and transmit
to the clerk of the Board of Supervisors in each of the counties in said district a statement of the sum to be raised by such Board of Supervisors, in accordance with the amount of taxable real and personal property in each of said counties as shown by the last annual assessment-roll therein. The Boards of Supervisors in each of such counties shall annually levy and cause to be collected in such county, and to be paid over to the county treasurer thereof, the sum so fixed by the Comptroller to be raised by such Board of Supervisors, and such county treasurer shall pay such sum to the Comptroller of the State for the payment of said salaries Until the first day of January, eighteen hundred and ninety-one, the clerks of the counties composing the seventh judicial district in which a term of court specified in section one of this act is held, must furnish the stenographer attending the same with a certificate of the number of days the term has been in session. Upon the certificate so furnished, the supreme court or special term thereof, held within said judicial district, may, not oftener than once in six months, by order, apportion to each county in said district such a portion of the stenographer's salary as the number of days during which one or more terms were in session in that county bears to the whole number of days during which the terms were in session in that district since the last apportionment was made. Upon the presentation of a certified copy of such an order each county treasurer must pay to the stenographer, from the court fund, or the fund from which jurors are paid, the sum so apportioned to his county.
§260. Each of those stenographers is also entitled to payment of his actual and necessary expenses, while attending court, including stationery and ten cents for each mile for his actual travel, between the place of holding each term and his residence, going and returning, or from term to term, as the case may be. The amount thereof must be certified by the judge holding or presiding at the term, and must be paid, upon his certificate, by the treasurer of the county where the term is held, from the court fund, or the fund from which jurors are paid. But mileage shall not be computed beyond The bounds of the judicial district, except where the usual Ine of travel, from one point to another within that district, passes partly through another judicial district.
§ 262. [Am'd 1890, 1895, amendment to take effect September 1, 1895.] If an official stenographer shall not be in attendance at a term of the circuit* court, special term of the supreme court, or court of oyer and terminer, where issues of fact are triable, the justice presiding at the term may, in
*Circuit courts and courts of oyer and terminer abolished from and after the last day of December 1895, and their jurisdiction vested in the supreme court by Article VI, section 6, of Constitution adopted in 1894.
lus discretion, employ a stenographer, who shall be paid such compensation as the justice. ll by his certificate fix, not to exceed ten dollars for each day s attendance, and ten cents for each mile for travel to and from his residence to the place where the term is held, together with a reasonable sum for his necessary expenses and stationery. The sum so fixed shall be a charge upon the county in which the term shall be held, and shall be paid by the county treasurer upon such certificate, from the court fund or the fund from which jurors are paid. If the official stenographer of the judicial district in which such term shall be held shall have been duly assigned to attend such term, and it does not appear to the satisfaction of the justice that the failure to attend was excusable, the justice may cause an order of the court to be entered at such term, that the portion of the sum so paid by the county treasurer, which was allowed for the per diem compensation for the services of the stenographer employed at such term, shall be deducted from the salary of the official stenographer who shall have been so assigned to attend such term, and the clerk of such county shall transmit to the comptroller a certified copy of such order, and the comptroller shall deduct such amount from the salary of such official stenographer and pay the same to the treasurer of said county.
ARTICLE 1. The Court of Claims.
§ 263. Court of Claims.* [Added 1897.]—The board of claims is continued, and shall hereafter be known as the court of claims. The court consists of the commissioners of claims now in office and their successors, who shall hereafter be known and designated as judges of the court of claims. Judges shall be appointed by the governor, by and with the advice and consent of the senate. Whenever the term of office of a judge shall expire, his successor shall be appointed for a full term of six years from the expiration of the preceding term, and all terms shall expire on the thirtyfirst day of December. Vacancies shall be filled in like man. ner for the remainder of the unexpired term. By an order to be filed in the office of the secretary of State the governor shall designate one of the judges as a presiding judge, who shall act as such during his term; two of the judges shall constitute a quorum for the transaction of business.
§ 264. Jurisdiction. [Added 1897.]-The court of claims possosses all the powers and jurisdiction of the board of claims. It also has jurisdiction to hear and determine a private claim against the state, which shall have crued within two years before the claim is filed. It may also hear and determine any claim on the part of the state against the claimant, or against his assignor at the time of the assignment; and must render judgment for such sum as should be paid by or to the state. But the court has no jurisdiction of a claim submitted by law to any other tribunal or officer for audit or determination. Where jurisdiction to hear and determine a claim is conferred upon the court by a special law, the liability of the state is not thereby implied, but such a claim is subject to defense and counterclaim by the state in the same manner and to the same extent as if presented under a general law.
*Sections 263 to 280, inclusive, relative to the court of claims were added by Chapter 36, Laws 1897. This chapter consists of six sections. Section 1 thereof contains the foregoing sections added to the Code of Civil Procedure, viz. §§ 263 to 280, inclusive. The remainder of Chapter 36, L. 1897, is as follows:
82. Section two of the code of civil procedure is hereby amended by adding a subdivision thereto, numbered fifteen, as follows:
The court of claims.
§ 3. The terms of office of the two commissioners of claims in office when this act takes effect, who by their appointment have the shortest
§ 265. Rules and procedure. [Added 1897.]-The court may establish rules for its government, and the regulation of practice therein; prescribe the forms and methods of procedure before it, vacate or modify judgments, and grant new trials.
$266. Officers. [Added 1897.]-The court shall appoint, and may at pleasure remove, a clerk, a deputy clerk, a stenographer, and a marshal, who shall also act as messenger; and they shall perform such duties as the court may prescribe. Before entering upon the duties of his office, the clerk shall make and file in the office of the comptroller, a bond for the faithful performance of his duties in an amount and with sufficient sureties to be approved by at least two of the judges, which approval shall be indorsed on said bond.
$267. Seal of Court. [Added 1897.]-The court shall adopt and procure an official seal, with suitable device 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 paid out of the contingent fund of the court.
§ 268. Sessions, duty of sheriff. [Added 1897.]—The court shall hold at least four sessions in each year at the capitol in the city of Albany, and it may also hold adjourned or special sessions at such other times and places in the state as it may determine. It may also hold a session and take testimony where the claimant resides or where the claim is alleged to have arisen, or in the vicinity, and may view any premises affected by the proceeding. The sheriff of any county, except Albany, shall furnish for the use of the court suitable rooms in the court house of his county for any session ordered to be held thereat, and shall if re quired attend said session. His fees for attendance shall be paid out of the contingent fund of the court, at the same rate as for attending a term of the supreme court, in that county.
time to serve, shall expire on the thirty-first day of December, eighteen hundred and ninety-seven. The term of the othor commissioner shall expire on the thirty-first day of December, eighteen hundred and ninety-nine. Their successors shall be appointed in the manner provided by section two hundred and sixty-three of the code of civil procedure. The officers of the board of claims in office when this act takes effect shall respectively continue as officers of the court of claims until changed pursuant to section two hundred and sixty-six of the code of civil procedure.
§ 4. The laws enumerated in the schedule hereto annexed are repealed. Such repeal shall not revive a law repealed by any law hereby repealed, but shall include all laws amendatory of the laws hereby repealed.
§ 5. The repeal of a law, or any part of it, specified in the annexed schedule, shall not affect or impair any act done or right accruing, accrued or acquired under or by virtue of the laws so repealed, but the