ARTICLE II.

POWERS AND DUTIES OF THE CLERKS OF THE COURTS OF JUSTICE.

386. When and how to pay money brought into court to county treasurer.

§383. It is the duty of the clerk of each of the courts mentioned in section 373, except the police clerks in the city of New-York,

1. To keep the seal of the court, and affix it in cases mentioned in section 212, and to any other writ, when required to do so:

2. To record the proceedings of the court:

3. To keep the records, and other books and papers appertaining to the court:

4. To file all papers delivered to him for that purpose, in an action or special proceeding in the court:

5. To attend the terms and circuits of the court of which he is clerk; to administer oaths in an action or special proceeding, in the presence of the court, and under its direction; and to receive the verdict of a jury:

6. To keep the minutes of the proceedings of the court, at its terms or circuits, and under the direction of the court, to enter its orders and judgments:

7. To authenticate, by certificate or exemplification, as may be required, the records or proceedings of the

court, or any other paper appertaining thereto, and filed with him:

8. To deposit all monies paid, or brought into court, and delivered to him, with the county treasurer, as provided in this code:

9. To exercise the powers and perform the duties conferred and imposed upon him by other provisions of this code, or by other statutes:

10. In the performance of his duties, to conform to the directions of the court.

§ 384. It is the duty of each of the police clerks in the city of New-York,

1. To prepare, under the direction of the magistrate, all papers appertaining to any matter pending before him, when acting as a magistrate or holding a police

court:

2. To keep the records and other papers appertaining to the police office or police court:

3. To attend at the police office to which he is assigned, at such times as are or may be prescribed by ordinance, by the common council of that city :

4. To attend the police court in the district to which he is assigned; to keep the minutes of its proceedings: under its direction, to enter its orders and judgments; and to authenticate its proceedings by his certificate:

5. To exercise the powers and perform the duties conferred and imposed upon him by the code of crimiinal procedure.

§ 385. The clerk of each of the courts mentioned in section 373, has power to take affidavits to be read or used in a court or before a judicial officer: but when the clerk is elected or appointed in a county, city, town or district, his power in this respect is co-extensive therewith only.

§ 386. When money is paid or brought into court for any purpose, in an action or special proceeding, the clerk must within five days thereafter deliver the same to the treasurer of the county, by whom it must be kept subject to the order of the court.

ARTICLE III.

THE PLACES OF KEEPING THE CLERKS' OFFICES, AND THEIR OFFICE

HOURS.

SECTION 387. Places of keeping their offices.

388. Their office hours.

§ 387. The office of the clerk of the court of appeals must be kept in the state hall in the city of Albany; that of the clerk of every other court, in the building provided for that purpose, by the supervisors of the county or the common council of the city in which the court is held.

§ 388. Each of the clerks must keep his office open for the transaction of business, on every day, except those mentioned in section 193, as follows:

1. In the city of New-York, from nine in the forenoon to four o'clock in the afternoon :

2. In every other part of the state, from eight to twelve in the forenoon, and from one to five o'clock in the afternoon.

ARTICLE IV.

DEPUTY CLERKS.

SECTION 389. What clerks to have deputies, and manner and filing of appointment. 390. Duties of deputy clerk.

391. In what cases to perform the duties of clerk.

§ 399. The clerk of the court of appeals, the county clerks, and the clerks of the city courts and of the superior court and courts of common pleas and sessions of the city of New-York, must each have a deputy, appointed by him in writing, and to continue during his pleasure. The appointment must be filed in the office of the clerk by whom it is made.

§ 390. The deputy clerk must attend at the office of the clerk during the office hours prescribed in section 388, and must perform such services relating to the duties of the clerk, as may be required by that officer.

§ 391. When the office of the clerk is vacant, or, by reason of his absence from the office or other disability, he is unable to perform his duties, they may be performed by the deputy.

ARTICLE V.

REMOVAL OF PAPERS FROM ONE CLERK'S OFFICE OF THE SUPREME COURT TO ANOTHER.

SECTION 392. When and how ordered.

§ 392. The supreme court may, for good cause, on motion, direct the removal from one clerk's office to another, of records or other papers relating to an action or proceeding therein.

ARTICLE VI.

MISCELLANEOUS PROVISIONS, RESPECTING THE CLERKS AND DEPUTY CLERKS OF THE COURTS OF JUSTICE.

SECTION 393. Statistics of business of court, how kept and filed. Transmission of same to attorney general.

394. Disabilities of clerks and deputy clerks.

§ 393. The clerk of each of the courts mentioned in section 389, must within one week after the close of a term or circuit, prepare duplicate reports of the business in his court, by filing the blanks transmitted to him by the attorney general, pursuant to notice, one of which duplicates must be filed and preserved in his office, and the other he must immediately transmit to the attorney general. For his services under this section, the clerk is entitled to the same fees as for certified copies of papers; and the expense thereof is a county charge.

§ 394. The clerk of each of the courts mentioned in section 389, and his deputy, are prohibited during their continuance in office,