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on behalf of the people, all prosecutions for public of fences.

§ 359. If he fail to attend any of those courts, the court must designate another person to perform the duties of the district attorney during his absence from the court, who shall receive a reasonable compensation, to be certified by the court, and paid from the county treasury.

§ 360. The district attorney must also institute proceedings before magistrates, for the arrest of persons charged with or reasonably suspected of public offences, when he has information that any such offence has been committed; and for that purpose must attend upon the magistrate, in cases of arrest, when required by him, and must advise the grand jury, when asked to do so, as provided in the Code of Criminal Procedure.

§ 361. The district attorney must prosecute for all penalties and forfeitures to the people of this state, exceeding fifty dollars, which may be incurred in his county, and for which no other manner of collection is provided by statute.

§ 362. When he receives money or property in his official capacity, he must deliver a receipt there for to the person from whom he receives it, and file a duplicate thereof with the county treasurer.

§ 363. He must, on or before the first Tuesday of October in each year, file in the office of the county treasurer an account in writing, verified by oath, of all money received by him in his official capacity during the preceding year; and must at the same time pay it over to the county treasurer.

§ 364. If he refuse or neglect to account for and pay over money so received by him, as required by the last section, the county treasurer must bring an action against him for the recovery thereof, in the name of the county.

§ 365. The district attorney of each county shall receive an annual salary, to be fixed by the board of supervisors of the county, and paid out of the county treasury.

§ 366. His salary must, at each annual meeting of the board of supervisors in November, be fixed for the ensuing year, and must be paid quarterly out of the county treasury; but at the end of the year, the board may make such additional allowances as are reasonable, for extraordinary services performed during the year; and no district attorney can receive any other compensation, costs or fees, for a service rendered in his official capacity.

§ 367. The district attorney cannot act as counsel, in a civil action or in a special proceeding of a civil nature,

for a private party against whom a criminal action for a felony is pending, or who is the prosecutor therein.

§ 368. The district attorney must keep a register of his official business, in which must be entered a note of every indictment, the time when it was found, and the proceedings thereon. The register must, at the expiration of his term of office, be delivered by him to his successor in office.

CHAPTER III.

THE STATE REPORTER.

SECTION 369. How appointed, his tenure of office, removal, and compensation. 370. His duties.

371. To have no interest in the publication of the reports. Reports free for publication.

372. Reports, how published and distributed.

§ 369. The state reporter is appointed by the governor, lieutenant governor and attorney general, and holds his office for three years, but may be sooner removed by the legislature, a majority of the members elected to each house voting for his removal. His compensation is fixed by special statutes.

§ 370. The state reporter must report and publish, within thirty days after the adjournment of each term, of the court of appeals, a concise outline of the facts and decision in every case determined at that term, with any opinion of the court delivered to him for that purpose; omitting, however, every opinion dissenting from the decision, except in a case involving the construction of the constitution of this state or of the United States.

§ 371. The state reporter can have no pecuniary interest in the publication of the reports, nor can a copyright for them be secured by him or any other person : but they are free for publication by all.

§ 372. The reports must be published in pamphlet form, under the supervision of the state reporter, by contract, as prescribed by special statutes, and designated "The New-York Reports." Each volume must contain at least six hundred pages, with a suitable table of the names of the cases reported, head notes to each case, and an index of the principal matters contained in each volume. Their sale and distribution is provided for special statutes.

CHAPTER IV.

THE CLERKS OF THE COURTS OF JUSTICE.

ARTICLE. 1. The clerks, in general.

II. Their powers and duties.

III. The places of keeping the clerks' offices, and their office hours.
IV. Deputy clerks.

V. Removal of papers from one clerk's office of the supreme court to
another.

VI. Miscellaneous provisions respecting the clerks and deputy clerks.

ARTICLE I.

THE CLERKS OF TEE COURTS OF JUSTICE, IN GENERAL.

SECTION 373. What courts have clerks.

374. Their compensation.

375. Their election or appointment, qualifications, tenure of office and

removal.

376. Clerk of senate, to be clerk of the court for the trial of impeach

ments.

377. Clerk of court of appeals, to be clerk of supreme court.

378. County clerk, of what courts to be clerk.

379. Police clerks in New-York, to be clerks of police courts.

380, Clerk of court of common pleas in New-York, how appointed, and

his tenure of office,

381. Office to be assigned him, and his compensation.

382. County clerk in New-York, to deliver records, &c., to clerk of common pleas.

§ 373. The following courts and no other, have clerks: 1. The court for the trial of impeachments:

2. The court of appeals:

3. The supreme court:

4. The superior court of the city of New-York:

5. The court of common pleas of the city of NewYork:

6. The courts of oyer and terminer:

7. The county courts.

8. The courts of sessions:

9. The city courts:

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