76. Limitation of preceding sections. The last three sections do not prohibit the receipt, by an attorey 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. [Am'd, 1907.] Same rule when party prosecutes in

person.

The last four sections apply to a person prosecuting an action in person, and to a corporation engaged in the business of conducting litigation and providing counsel therefor, who or which des an act which an attorney or counseller is therein forbidden to do.

L. 1847, ch. 470. part of § 47 (4 Edm. 590). Am'd L. 1907, ch. 700. In et Sept. 1, 1907.

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

An attorney or counsellor shall not, directly or indirectly, adrise 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. See Penal Code, § 670.

{ 79. Attorney 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. d. § 2, am'd. See Penal Code, § 670.

80. Penalty.

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

81. Limitation of provisions.

This article does not prohibit an attorney or counsellor from defending himself in person, if prosecuted either civilly or criminally.

14.. 4. See Penal Code, § 671.

ARTICLE THIRD.

General provisions concerning certain ministerial officers, connected with the administratim 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, attorney-general,

or presiding judge; 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. Custody, charge and control of the seals, books, files, records, papers, etc.

94. Interpreter for courts of record in Kings and Queens counties.

95. Attendants and messengers, how appointed in Kings, Queens and Richmond counties.

96. Duties of persons appointed under last section.

97. Sheriff, when directed, to notify constables, etc., to attend courts. 8. Id., when not directed.

99. Penalty for neglect of officer to attend court.

§ 82. [Am'd, 1903.] Qualifications of stenographers. 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. No stenographer of any court in this state shall be, or become, interested, directly or indirectly, as contracting party, partner, stockholder or otherwise, in, or in the performance of, any contract, work or business relating to the preparation or printing of any case, or any case and exceptions, or any case containing exceptions on appeal, or any bill of exceptions, or papers on appeal from non-enumerated motions, or briefs or points of counsel in any case in any court of this state. If any such stenographer shall be, or become, so interested in any such work of preparation or printing, unless the same shall be devolved upon him by law, he shall

forfeit his office.

L. 1903, ch. 467. In effect Sept. 1, 1903.

§ 83. [Am'd, 1893, 1902.] General duty of stenographers; notes when to be filed.

Each stenographer specified in this act must, take full stenographic notes of the testimony and of all other proceedings in each cause tried or heard. 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 take complete stenographic notes of 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 xception taken to any such ruling, decision, remark or comment or on behalf of any party to the action. In case of an appeal,

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very remark or comment of such judge during the trial, duly excepted to, shall be the subject of review, but the case and exceptions on appeal shall be settled by the trial justice as now provided by law. After any such ruling, decision, remark or omment has been made the same shall not be altered or amended by the stenographer, or the judge presiding at the trial 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 ime 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 kim, to any party to the action requiring the same.

L. 1893, ch. 388; L. 1902, ch. 106. In effect March 12, 1902.

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 Lust be carefully preserved by the stenographer, for two years after the trial or hearing; at the expiration of which time he Ly 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 Tarties to an action or special proceeding, or the county treasurer, to pay the stenographer's fees for such a copy.

§ 86. [Am'd, 1906.] To furnish like copies to parties, distriet-attorney, attórney-general or presiding judge; compensation.

Each stenographer, specified in this act, must likewise, upon request, furnish, with all reasonable diligence, to the defendant 1 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, the attorney-general or the judge presiding at the trial in a criminal cause, requires such a copy, 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.

L. 1906, ch. 388. In effect May 10, 1906.

87. These sections applicable to assistant stenographers.

The provisions of the last five sections are also applicabl each assistant-stenographer, now in office, or appointed

ployed, 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, 1899, 1903, 1906, 1907.] 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. In counties containing a city of the first class wholly within the county, the justices of the supreme court residing in the county, or a majority of them, shall appoint and at pleasure remove a special deputy to the county clerk for each part or term of the courts of which he is clerk, whose duty it shall be to attend each session of the part or term of the court to which he is assigned and keep the minutes thereof and to perform such other duties as shall be prescribed by the rules made by such justices; such special deputy clerks shall be subject to the supervision of the county clerk, and shall possess the same power and authority as the county clerk at any sitting or term of the court which he attends, with respect to the business transacted thereat; the minutes and records kept by such special deputy clerks shall be part of the records of the court and shal be kept by the county clerk in his office and he shall give extracts from such minutes and records as now prescribed by law. The salary of such special deputy clerks shall be fixed by the justices of the supreme court residing in the county, or a majority of them, and when so fixed shall be paid from the court funds of said county. In every other county each county clerk may, subJeet 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, and in any county having a population of more than sixty thousand at the last enumeration and except in the county of Queens, where the salary of the chief or principal clerk in attendance at each of said courts shall be the sum of three thousand dollars, the salary of such special deputy clerks shall be

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hed by a justice of the supreme court, residing in such county and when the said salary shall be so fixed the same shall be paid from the court funds of said county or from an appropriation made therefor. Each person so appointed must, before he enters pon 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 trst judicial department.

L 1895, ch. 946; L. 1899, ch. 604; L. 1903, ch. 629; L. 1906, ch. 629; L. 1977, ch. 188. In effect Sept. 1, 1907.

{ 90. [Added, 1877; am'd, 1896, 1897.] Clerk in New-York, or Kings, not to be referee, etc.

No person holding the office of clerk, deputy clerk, special depy clerk, or assistant in the clerk's office, of a court of record within the county of New York, shall hereafter be appointed by any court or judge, a referee, receiver or commissioner, except by the written consent of all parties to the action or special proceeding other than the parties in default for failure to appear to plead.

L. 1876, ch. 205; L. 1896, ch. 558; L. 1897, ch. 454. In effect May 17, 1897.

{ 91. [Am'd, 1895, 1901, 1903, 1906.] 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, except in the county of Westchester where the compensation of such crier shall be fixed by the county judge, not to exceed the sum of one thousand two hundred dollars a year to be paid in equal monthly payments by the treasurer of Westchester county in full compensation for all services rendered by him, and except in the county of Queens where the compensation of such crier shall be the sum of one thousand eight hundred dollars a year, to be paid in equal monthly payments, and to be a county charge. 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 the said county of Erie. Such criers appointed for Erie county shall each receive one thousand two hundred 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; L. 1901, ch. 387; L. 1903, ch. 601; L. 1906, ch. 629. In effect Sept. 1, 1906.

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