pense of transmission, and also, where a copy is transmitted, the expense of copying, not exceeding eight cents for each folio. The supreme court re- § 249. [Am'd 1885, 1893.] porter is not entitled to a salary. lish such of the decisions at the 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 cause, which the court, at a general or special term, specially directs him to report. He must prepare for each volume and cause to be published therewith, the usual digest, head notes, tables of contents, and index. $ 250. [Am'd 1893.] 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 exceeding two do'lars and fifty cents, for a bound volume of not less than seven hundred pages. He may also cause advance sheets to be published at not to exceed fifty cents a volume. ARTICLE THIRD. STENOGRAPHERS. 2251. Stenographers in first dis- 252. Stenographers for extra 255. His assistant. 256. Stenographers in other § 251. [Am'd 1880, 1883, 1892.] counties of second judi- 2257. Their salaries; how paid. 259. Their salaries; how paid. The justices of the supreme court for the first judicial district or a majority of them must appoint and may at pleasure remove a stenographer for each term of the circuit court, two stenographers for the general term of the supreme court, first judicial department, and one stenographer for each special term of the supreme court, which constitutes a separate part. Each stenographer so appointed is entitled to a salary, fixed and to be paid as prescribed by law. He must attend all the sittings of the part for which he is appointed. If the judge requires a copy of any proceedings written out at length from stenographic notes, he may make an order, directing one-half of the stenographer's fees therefor, to be paid by each of the parties to the action or special proceedings, at the rate of ten cents for each folio so written out, and may enforce payment thereof. Any such copy shall be accessible to, and may be examined by, any of the counsel in the cause. If there are two or more parties on the same side, the order may direct either of them to pay the sum payable by their side, for the stenographers' fees; or it may apportion the payment thereof among them, as the judges deem just. § 252. The judge who holds, in the first judicial district, an extraordinary term of the circuit court, or an extraordinary special term of the supreme court, must appoint a stenographer for that term, who is entitled to a compensation, at the rate and in the manner prescribed by law for the official stenographer. § 253. The judge presiding at a term of the court of oyer and terminer, held in and for the city and county of New 1114, Con sol. Act. 1115, Consol. Act. 1512, Consol. Aet. 22 1171, 1177, Consol. Act. York, must designate a stenographer of the supreme court, to act as stenographer for that term during its sitting, who is not entitled to any compensation in addition to his salary; except that, if a copy of any proceedings, written out at length from the stenographic notes, if required for the use of the presiding judge or the district attorney, the stenographer's fees therefor are payable, on his certificate, as a county charge. § 254. [Am'd 1884.] The justices of the supreme court residing in the county of Kings, or a majority of them, must appoint and may at pleasure remove three stenographers who shall severally attend, as directed by the respective judges appointing them, the general and special terms of the supreme court, and the terms of the circuit court and court of oyer and terminer in the county of Kings, and shall each receive an annual salary of twenty-five hundred dollars, and the expense thereof shall be raised with the annual tax levy as a county charge. $255. The stenographer, appointed as prescribed in the last section, may, with the consent of the judge holding or presiding at a special term of the supreme court, or term of the circuit court, or court of oyer and terminer, employ an assistant-stenographer, to aid him in the discharge of his duties at that term, whose compensation must be paid by the stenographer, and shall not become a county charge. § 256. [Am'd 1877.] Each justice of the supreme court for the second judicial district who does not reside in the county of Kings must appoint, and may at pleasure remove, a stenographer, who must attend, as directed by the justice appointing him, the general and special terms of the supreme court, and the terms of the circuit court and court of oyer and terminer 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 those 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.] The justices of the supreme court, or a majo ́ity of them, for each judicial district excepting the first, sec ond and fifth, shall appoint and may at pleasure remove three stenographers of the supreme court for such district. The justices of the supreme court, or a majority of them, for the fifth judicial district shall appoint and may at pleasure remove four stenographers of the supreme court for such district. Each of such stenographers shall attend such cir cuit courts, special terms of the supreme court, and courts of oyer and terminer, in his judicial district as he shall be assigned to attend by the justices of the supreme court, or s majority of them, for such district. Each of such stenogra phers shall 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 before 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 surn 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 line of travel, from one point to another within that district, passes partly through another judicial district. § 261. [Repealed.] § 262. [Am'd 1890.] 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 his discretion employ a stenographer who shall be paid such compensation as the justice shall 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 an official stenographer of the judicial district in which such term shall be held shall have been duly assigned to attend such term, the justice 'shall 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. TITLE III. Superior city courts. ARTICLE 1. Provisions applicable to all the superior city courts. 3. Provisions exclusively applicable to the superior court of 4. Provisions exclusively applicable to the city court of Brooklyn. ARTICLE FIRST. PROVISIONS APPLICABLE TO ALL THE SUPERIOR CITY COURTS: 2263. General jurisdiction of the superior city courts. 264. Domestic corporations, 265. Where there are two or be pre- 268. Id.; in special proceedings 269. Actions, etc., may be re- court. 270. Where, and in what cases, 271. Appeal from order of re moval. 272. Order to stay proceedings 273. Removal to supreme court, when judges of city court cannot act. 2274. Removal from supreme court to city court by consent. 275. Duty of clerks when removal made. 276. Removal not to affect validity of former proceedings, etc. 277. When county judge may make order. 278. Power to send process to any county. 279. Proceedings commenced before one judge may be continued before another. 280. Appointment of terms, etc. 281. General terms by whom held, etc. 282. Id.; special and trial terms. $263. The civil jurisdiction of each of the superior city courts extends to the following actions and special proceedings, in addition to the jurisdiction, power and authority conferred upon it, in a particular case, by special statutory provi sion : 1. To an action of ejectment; for the partition of real property; for dower; to foreclose a mortgage upon real property or upon a chattel real; to compel the determination of a claim to real property; for waste; for a nuisance; or to procure a judgment directing a conveyance of real property; and to very other action to recover, or to procure a judgment, establishing, determining, defining, forfeiting, annulling or otherwise affecting an estate, right, title, lien or other interest in real property or a chattel real. But jurisdiction attaches under this subdivision only where the real property to which the action relates is situated within the city where the court is lo cated. 2. To an action for any other cause, where the cause of action arose within that city; or where the defendant is a resident of that city; or where the summons is personally served upon the defendant therein; or where the action is brought to recover a penalty, or for any other cause of action given by the charter, a by-law or an ordinance of that city. 3. To an action to recover damages for an injury to real property, or a chattel real; or for the breach of a contract, express or implied, relating to real property or a chattel real; where the real property situated within that city, or where the defendant is a resident of that city, or where the summons is personally served upon the defendant therein. 4. To an action to recover a chattel; to forclose or enforce a lien upon personal property; or to recover damages for an injury to personal property; where the property to which the action relates is situated within that city at the time when the action is commenced. If the property consists of one or more shares in the capital stock of a domestic corporation or jointstock association, whose principal place of business is located or established within that city, or of a debt due from, or money, or a thing in action, in the possession or under the control of, such a corporation or joint-stock association, it is deemed to be situated within that city, within the meaning of this subdivision. 5. To a judgment creditor's action; where the judgment up- 102 N.Y.38. on which the action is founded was recovered in the same court. 6. To an action for any cause brought by a resident of the city wherein the court is located, against a natural person, who is not a resident of the State. 7. To an action brought by a resident of that city against a foreign corporation, either (one) to recover damages for the breach of a contract, express or implied, or a sum payable by the terms of a contract, express or implied, where the contract was made, executed or delivered within the State, or where the cause of action arose within the State; or (two) where a warrant of attachment, granted in the action, has been actually levied within that city, upon property of the corporation; or (three) where the summons is served by delivery of a copy thereof, within that city, to an officer of the corporation, as prescribed by law. 8. To the custody of the person and the care of the property, concurrently with the supreme court, of a person residing in that city, or residing without the State and sojourning in that city, who is incompetent to manage his affairs by reason of lunacy, idiocy, or habitual drunkenness; and to any special proceeding which the supreme court has jurisdiction to entertain, for the appointment of a committee of the person or of the property of such an incompetent person, or for the sale or other disposition of the real property, situated within that city, of a person, wherever resident, who is so incompetent, or |