309 - Duty of stenographers in eighth judicial district.

§  309.  Duty  of  stenographers  in  eighth  judicial  district.  The  stenographers of the supreme  court  in  the  eighth  judicial  district  appointed pursuant to section one hundred and fifty-nine of this chapter  shall  report  and  transcribe  opinions for the justices of the supreme  court, when required, without additional compensation, and shall, within  twenty days after notice by an attorney or  party  that  he  intends  to  appeal,  make  a case and exceptions or bill of exceptions in a criminal  or civil action, or that briefs are to be made or arguments prepared  in  an  action tried before the court without a jury, file with the clerk of  the county in which the venue of such action is laid a transcript of the  minutes taken by him on such trial together with  such  notice  attached  thereto.  The  stenographer  shall be entitled to the amount provided by  the civil practice law and rules as the same is now or may hereafter  be  amended, for each folio of transcript so filed, and such amount shall be  paid  by the treasurer of the county wherein the venue of such action is  laid, upon the order of the justice presiding at such trial.    The attorney giving such notice and the party  shall  be  jointly  and  severally liable for the amount so paid by the county treasurer for such  transcript, unless within six months after the filing of such transcript  such  attorney or party shall file with the clerk of the county in which  the venue of such action is laid proof by affidavit that an  appeal  has  been  taken  in good faith with the intent to prosecute the same, a case  and exceptions or bill of exceptions in a civil or criminal  action  has  been  made  and filed or briefs or arguments have been prepared and made  in an action tried before the court without a jury. If such affidavit is  not filed as aforesaid, the party or his  attorney  giving  such  notice  shall pay to the county treasurer on demand, the amount paid by the said  treasurer  to the stenographer for such transcript and the treasurer may  recover said amount in his name of office, in an action in any court  of  competent  jurisdiction  against said attorney and party. The provisions  of this section, relating to stenographers making and filing transcripts  of minutes and the payment therefor by the county treasurer,  shall  not  apply  to transcripts of minutes taken by stenographers in civil actions  or proceedings tried or heard in Genesee and Erie counties. The fee  for  making and filing such transcripts in Genesee and Erie counties shall be  paid by the attorney or party who shall request such making and filing.