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1. The stenographers appointed by the justices of the appellate division of the first department for each part or term of the supreme court pursuant to section one hundred and four of this chapter shall receive an annual salary to be fixed by such justices of the appellate division, or a majority of them, and the board of estimate of the city of New York shall provide for raising and paying the same. 2. The compensation of each stenographer or confidential clerk appointed by the justices of the appellate division of the third and fourth departments shall not exceed three thousand seven hundred and fifty dollars a year; provided, however, that in case of the appointment by such a justice of both a confidential clerk and a stenographer the apportionment of the respective salaries for such positions shall be directed by such justice within the amount appropriated for both positions; such compensation to be paid by the department of taxation and finance upon the certificate of the justice by whom such person or persons are employed.