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PART III.

Applicable to suits in partition.

Amendment.

Mortgage sale.

Repeal.

Effect of sale

him." But such publication shall not be necessary, provided a copy of such order shall have been served on such defendant personally, at least twenty days before the time prescribed for the appearance of such defendant. Ante, vol. 2, p. 193.

S4. This act shall apply to suits instituted for the partition of lands, as well as to all other suits instituted in the court of chancery, and shall be applicable to unknown owners in partition suits; and so much of section two of the act entitled "An act in relation to the partition of lands," passed April 21, 1831, as requires any different order, or the publication of a different notice, or for a different time than as in this act prescribed, is hereby repealed.

$5. The third section of the fifteenth title of the eighth chapter of the third part of the Revised Statutes is hereby amended by striking out the words "twenty-four," and inserting in their place the word "twelve," in each subdivision thereof, so that the said section as amended will read as follows:

S 3. Notice that such mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them shall be given as follows:

1. By publishing the same for twelve weeks successively, at least once in each week, in a newspaper printed in the county where the premises intended to be sold shall be situated, or if such premises shall be situated in two or more counties, in a newspaper printed in either of them.

2. By affixing a copy of such notice, at least twelve weeks prior to the time therein specified for the sale, on the outward door of the building where the county courts are directed to be held, in the county where the premises are situated; or if there be two or more such buildings, then on the outward door of that which shall be nearest the premises. And by delivering a copy of such notice at least twelve weeks prior to the time therein specified for the sale to the clerk of the county in which the mortgaged premises are situated, who shall immediately affix the same in a book prepared and kept by him for that purpose; and who shall also enter in said book, at the bottom of such notice, the time of receiving and affixing the same, duly subscribed by said clerk, and shall index such notice to the name of the mortgagor; for which service the clerk shall be entitled to a fee of twenty-five cents. Thus amended by Laws of 1857, ch. 308. Ante, vol. 2, p. 564. 29 B., 301.

$ 6. The twelfth section of the act entitled "An act to reduce the expense of foreclosing mortgages in the court of chancery," passed May 14, 1840, is hereby repealed. And the eighth section of the fifteenth title of the eighth chapter of the third part of the Revised Statutes is hereby amended, so as to read as follows:

S8. Every sale pursuant to a power as aforesaid, and con ducted as herein prescribed, hereafter made to a purchaser in

good faith, shall be equivalent to a foreclosure and sale under the decree of a court of equity; so far, only, as to be an entire bar of all claim or equity of redemption of the mortgagor, his heirs and representatives, and of all persons claiming under him or them, by virtue of any title subsequent to such mortgage; and also, of any person having a lien by any judg ment or decree upon the land, or any part thereof, contained in such mortgage, subsequent to such mortgage, and of every person having any lien or claim by or under such subsequent judgment or decree.

As amended by Laws of 1842, ch. 324.

Post, p. 665.

CHAP. 312.

AN ACT to amend certain parts of the Revised Statutes in relation to the bringing of appeals and writs of error.

PASSED May 7, 1844.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

[Section 1 amends § 35 of art. 1, title 3, chap. 9 of the third part of Revised Statutes.]

to be re

S2. In all cases which may hereafter be carried by writ of Costs when error from any court of common pleas to the supreme court, covered. the prevailing party in the supreme court shall recover his costs.

CHAP. 377.

AN ACT in relation to the appointment of terms of the supreme and circuit courts and courts of oyer and terminer.

§ 3. The 31st section of the act entitled "An act concern- Repeal of ing costs and fees in courts of law, and for other purposes," Statutes. passed May 14, 1840, is hereby repealed.

9 B., 506. Post, p. 692.

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CHAP.

PASSED November 17, 1847.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

governor,

state and

cases.

S 1. In all cases where the supreme court have or shall Duty of omit to appoint in any county as many general or special secretary of terms of that court or as many terms of the circuit court or comptroller court of oyer and terminer for any year as the law does in certain or shall require to be held in such county in such year, the governor, secretary of state and comptroller shall appoint so many terms of such courts to be held in such county as will make up such deficiency, and shall assign a justice or justices of the supreme court to preside at or hold the same, and it

PART III.

Additional terms, when and how appointed.

Order to be filed with clerk of court of appeals.

shall be the duty of the justice or justices so assigned to preside at or hold the terms of such courts so appointed.

$ 2. Whenever it shall be represented to the governor that the interests of the public or of suitors require the holding in any county of any general or special term of the supreme court or of any term of the circuit court or court of oyer and terminer in addition to those appointed by the supreme court, it shall be the duty of the governor, secretary of state and comptroller, if they shall be of the opinion that the interests of the public or of suitors require the holding of any such additional term in such county, to appoint the same and to designate a justice or justices of the supreme court to preside at or hold the term so appointed, whose duty it shall be to preside at or hold the same.

S3. Whenever any term of any court shall be appointed pursuant to the provisions of this act, the order appointing the same shall be filed with the clerk of the court of appeals and shall be published in the newspaper printed in Albany in which legal notices are required to be published, four weeks successively.

CHAP. 185.

AN ACT in relation to proceedings pending before the late circuit judges.

PASSED April 5, 1848.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Appeals made to

circuit judges to be heard

$1. The supreme court organized by the act entitled "An act in relation to the judiciary," passed May 12, 1847, shall have jurisdiction of, and are hereby empowered to hear and and deter determine, all appeals taken from any decision made by any

mired.

surrogate, in relation to the probate of any will of real or personal estate, or both, to any of the late circuit judges. And the said supreme court shall possess the same powers, and exercise the same jurisdiction over such appeals, as were conferred by law upon any of the late circuit judges; and may make such orders in all appeals heretofore made from such decisions by surrogates, which were before any of the late circuit judges, as shall be just.

26 N. Y., 444, 447.

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CHAP. 30.

AN ACT to vest certain special powers in the justices of the supreme court heretofore vested in the vice-chancellors of the state.

PASSED February 7, 1849.

The People of the State of New York, represented in Senate aad Assembly, do enact as follows :

CHAP. 333.

AN ACT in relation to the court of appeals.

powers

supreme

$1. Any special powers and jurisdiction heretofore vested Certain and existing in any vice-chancellor or judge of the supreme vested in court, in any particular district or circuit prior to the first Justice of Monday of July, eighteen hundred and forty-seven, shall be, court. and are hereby transferred to, and vested in any justice of the supreme court, elected for such district or districts, subject to an appeal to the supreme court: Provided, that nothing in this act shall be held to limit or abridge the powers and jurisdiction of the supreme court, as defined by the Code of Procedure as now adopted.

PASSED April 10, 1849.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAP. L

each year

$1. There shall be at least five terms of the court of Terms in appeals in each year, to be held at such times and places as the court shall appoint, and continued as long as the public interests may require.

held.

$2. The court may be held at a different place in the same where city or town from that at which it is appointed to be held, and the court may, in its discretion, adjourn any term from the city or town where it is appointed to be held, to any other city or town.

$3. Any one or more of the judges may adjourn the court Adjourn with the like effect as though all were present.

meut.

S4. The ninth section of the "Act in relation to the judi- Repeal. ciary," passed May 12, 1847, and the thirteenth section of the Code of Procedure, are hereby repealed.

Post, p. 556.

PART IIL

CHAP. 1.

AN ACT authorizing the governor to designate a justice or justices of the supreme court to hold the circuit court, and the courts of oyer and terminer, in certain cases.

PASSED January 28, 1850.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Governor to designate justices to

S1. Whenever, from any cause, any general or special term of the supreme court, or any circuit court, or court of hold courts oyer and terminer, duly appointed, shall be in danger of fail

in certain cases.

ing, it shall be the duty of the governor to designate some justice or justices of said supreme court, who shall hold said courts respectively.

CHAP. 15.

AN ACT for the relief of suitors in the supreme court, in certain cases.

PASSED February 15, 1950.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Canses

district.

§ 1. Whenever an action in the supreme court can not be in another brought to argument and decision in the district where the same is pending, by reason of the justices of such district, or any of them, having been employed as counsel, or being interested therein, or of kin to the parties or any of them, the court may, upon special motion, order such action to be brought to argument in any adjoining district to be specified in such order, and then such cause shall be heard and decided in such district.

CHAP. 41.

AN ACT in relation to the Court of Appeals.
PASSED March 2, 1850.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

In case of absence,

$ 1. Whenever any judge of the court of appeals, being a governor to justice of the supreme court, shall be absent from the court, designate a or there shall be a reason to believe that he will not attend,

judge.

the governor shall designate some justice of the supreme court, from the class of justices having the shortest time to

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