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for any circuit, trial term or special term, under the direction of the presiding judge thereof, to take full stenographic notes of all proceedings in every trial thereat; and in case the presiding judge shall require a transcript of said stenographic notes, he may order the expense thereof to be paid equally by the parties to the action, at the rate of ten cents for every one hundred words so transcribed, and may enforce payment thereof, and the amount so paid, together with the sum paid as a condition precedent to the cause being brought to trial, or to the first note of issue being filed as hereinbefore provided, shall be deemed a necessary disbursement within the meaning of section three hundred and eleven of the code of procedure, and shall be allowed as such to the prevailing party in the action.
At any extra circuit, trial term or special term of said courts the presiding judge thereof shall appoint a stenographer for such extra circuit or term, who shall, in like manner as aforesaid, be a sworn officer, and who shall be paid a compensation at the rate and in the manner hereinbefore provided. When a court of oyer and terminer shall be held in and for the city and county of New York, the presiding judge thereof shall designate one of the stenographers of the supreme court to act as stenographer of such court of oyer and terminer during its session, who shall, in like manner as aforesaid, be a sworn officer, but who shall receive no compensation in addition to his salary as hereinbefore provided, except that in case a transcript of his stenographic notes taken on the trial of any criminal cause, be required for the use of the presiding judge, or the district attorney, the expense thereof shall, on the order of such judge or district attorney, be paid as a county charge at the rate hereinbefore specified.
The surrogate of the county of New York is hereby authorized and directed to appoint a stenographer to the surrogate's court of said county, who shall be a sworn officer of the court, and shall be paid a salary of three thousand dollars a year, in like manner as the salaries of clerks in said court are now paid by law from the fees of said court, paid into the treasury of the county of New York. The stenographer so appointed shall be skilled in the practice of his art, and shall hold his position during good behavior, and so long as he efficiently discharges the duties of his office. He shall, under the direction of the said surrogate, take full stenographic notes of all proceedings in said court, in which oral proofs shall be given, which notes shall be fairly transcribed, and after being signed by the witnesses, deponent or affiant, shall be filed in the office of said surrogate. By consent of the parties to the proceeding in which such proofs shall be taken, and said surrogate, the signing of such record of proof by the witness, deponent or affiant, may be waived, in which case such record, after being authenticated by the certificate of said stenographer, or said surrogate, shall be deemed to be the record of any proofs or proceedings so taken.
In other counties of this state, on trials of issues of fact
, at any circuit court, or court of oyer and terminer, it shall be lawful for the presiding justice in his discretion, to employ a stenographer, who shall be entitled te such compensation as shall be certified by such justice, not exceeding five dollars for each days'attendance at such court, at the request of such justice, and ten cents a mile for travel from his place of residence to the place where the court is held, together with such sum for stationery as the presiding justice shall certify
which compensation shall be a charge upon the counties in which such courts shall be held respectively, and shall be allowed, and paid from the court fund, in like manner as other charges are allowed and paid from it. It shall be the duty of such stenographer to furnish to any party to such trials, upon request, a copy of the evidence and proceedings taken by him on such trials, or of such part thereof as may be required on payment, on behalf of such party, of ten cents for every one hundred words of the copy so furnished. In the surrogate courts of the counties of New York and Kings, and of other counties in which a stenographer is or shall be duly authorized to take stenographic notes of proceedings in said courts, in which oral proofs shall be given, in case of the death of any witness, deponent or affiant, after examination and before the stenographer's notes of such examination shall have been transcribed, such notes, after being fairly transscribed and authenticated by the certificate of the surrogate, shall be filed in his office and be deemed to be the record of the proofs so taken, without any signing thereof by such witness.
$ 257. The issues on the calendar shall be disposed of in the following order; unless, for the convenience of parties, or the dispatch of business, the court shall otherwise direct :
1. Issues of fact to be tried by a jury ;
$ 258. Either party giving the notice, may bring the issue to trial, and in the absence of the adverse party, unless the court, for good cause, otherwise direct, may proceed with his case, and take a dismissal of the complaint, or a verdict or judgment, as the case may require. A separate trial between a plaintiff and any of the several defendants, may be allowed by the court, whenever, in its opinion, justice will thereby be promoted.
$ 259. When the issue shall be brought to trial by the plaintiff
, he shall furnish the court with a copy of the summons and pleadings with the offer of defendant, if any shall have been made. When the issue shall be brought to trial by the defendant, and the plaintiff shall neglect or refuse to furnish the court with a copy of the summons and pleadings and the offer of the defendant, the same may be furnished by the defendant.
§ 260. A general verdict is that by which the jury pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant. A special verdict is that by which the jury find the facts only, leav ing the judgment to the court.
§ 261. In an action for the recovery of specific personal property, if the property have not been delivered to the plaintiff, or the defendant by his answer claim a return thereof, the jury shall assess the value of the property, if their verdict be in favor of the plaintiff; or if they find in favor of the defendant, and that he is entitled to a return thereof; and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the detention or taking and withholding such property.
In every action for the recovery of money only, or ecific real property, the jury, in their discretion, may nder a general or special verdict. In all other cases court may direct the jury to find a special verdict in iting, upon all or any of the issues ; and in all cases
y instruct them, if they render a general verdict, to
d upon particular questions of fact, to be stated in riting, and may direct a written finding thereon. The pecial verdict or finding shall be filed with the clerk, und entered upon the minutes. $ 262. Where a special finding of facts shall be incon