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but nothing herein contained shall prevent any such courts on the application of the parties in any suit or proceeding from directing in what manner or place such funds shall be deposited or invested as the court shall decide.

S2. Within the same period aforesaid, the clerk of the court of appeals shall also take from the files of the late court files of the of chancery in his office, all petitions, orders, decrees, reports

from the

court of chancery.

and accounts of guardians, receivers, and of committees of the person and estate of lunatics, and habitual drunkards, connected with or relating to the bonds and mortgages or other vouchers or securities, or accounts in the preceding section mentioned, and deliver or transmit the same to the clerk of the same county of this state, or to the county treasurer of which he is above required to send the bonds and mortgages or other vouchers or securities mentioned in the foregoing section of this act, and in pursuance thereof.

Bonds,

mortgages.

York to be

chamberlain.

S3. All bonds and mortgages, and other securities upon &c. in New real estate situated in the city of New York, shall in like delivered to manner, and within the same time above mentioned, be delivered or transmitted to the chamberlain of the city and county of New York, together with all other securities, stocks, certificates of stock or deposit, with all books of account, vouchers, receipts or other papers relating to such securities in his possession, received from the late assistant register of the court of chancery, and clerk in chancery of the first circuit, and also all books of account relating to such securities kept by him since the first Monday of July last.

PART III

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Also petitions, orders, &c.

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$ 4. The several county treasurers of this state, and the chamberlain of the city and county of New York, to whom the bonds and mortgages and other securities, accounts, deeds, Vouchers, receipts and other papers aforesaid, are required to be sent as aforesaid, or in whose name any bond, mortgage or other security is required to be taken, shall from the time of the receipt or taking of such bonds and mortgages, or other securities, accounts, deeds, vouchers, receipts, or other papers, be vested with the full and complete title thereto, in as full and ample a manner as such title is now vested in the clerk of the court of appeals, and may sue for and collect the same in their names of office respectively, in the same manner and to the same effect as the said clerk of the said court of appeals may now do; and all the provisions of law conferring any power or authority over such securities upon the said clerk, or directing the manner of receiving, safe keeping, depositing, investing or paying out the moneys arising from such securi ties, or now in deposit in any bank, arising therefrom, and in regard to the investment, safe keeping or transfer of any stocks, moneys, or securities brought into court, shall be deemed to apply to such county treasurer, and to the said chamberlain of the city of New York, respectively; and also all the provisions of the Revised Statutes prescribing the fees of the register and assistant register of the court of chancery

for the services rendered by them in respect to such securities or moneys, shall likewise apply to such county treasurer and chamberlain of the city of New York, respectively.

respecting

rance and

$5. All moneys deposited in the New York Life Insurance Provision and Trust Company, or in any bank or savings bank in the moneys in name of the clerk of the court of appeals, or in his hands Life Insu uninvested, when this act shall take effect, shall be and the trust com same is hereby vested in the county treasurers or chamberlain pany. of the city and county of New York respectively, to whom the bonds and mortgages, and other securities in the first section of this act mentioned, from which moneys have been derived, or on which they have been paid, are required to be delivered as therein specified, or to whom the securities from or upon which such moneys have been derived or paid, would be required by said section to be delivered if now in the hands of said clerk of the court of appeals, so far as the clerk of said court of appeals can ascertain the same; and where he cannot, he shall transfer such moneys to the treasurers of the respective counties where the persons beneficially interested therein resided at the time of the deposit thereof, or now reside; and so far as the said clerk shall be unable to determine to what counties such moneys belong, as herein provided, they shall remain in his hands as at present, and also all moneys, funds and securities belonging to the unknown owners; and the said clerk, at the same time when he delivers the bonds and mortgages, and other securities to the county treasurers, as specified in the first section of this act, shall also transmit to each county treasurer a statement of the moneys so in deposit as aforesaid, which will vest in each of the said county treasurers by virtue of this section, containing a particular account of the amount of such deposit, when, by whom, and for whom made, where the same are deposited, and in what suit, or to what account the same was deposited, so far as the same appears on the books in his office; and the said clerk of the court of appeals shall report to the legislature at the next annual session thereof, a full and detailed statement of the moneys, books, conveyances, securities or other papers, transferred or retained by him, to the several county treasurers and chamberlain of the city and county of New York, specifying to whom delivered, at what time, and such other particulars as may be necessary to exhibit as full and perfect exhibit of the funds and securities hereby transferred as the books and papers in his possession will enable him to make, and also the names of persons who are recognized as unknown owners.

CHAP III

treasurers

$6. Every county treasurer shall at each annual session of County the board of supervisors of the county in which he resides, to report to report a statement of all the bonds and mortgages and other supervisors securities and moneys received and held by him under the provisions of this act, stating the amount of such securities respectively and the persons interested therein, and the board

PART III.

Books of account, &c. to be delivered to certain county clerks.

Supreme court may

fers to be made.

$ 8. The supreme court shall have power to order any bond, order trans- mortgage, stocks, securities or moneys in the possession or under the control of any county treasurer, to be transferred and delivered to any general or special guardian or committee, upon the giving of such real or personal security by such guardian or committee for the faithful execution of their trust as shall be satisfactory to said court; and said court shall also have power to order any bond, mortgage or other securities hereafter taken, to be taken by and in the name of any guardian, committee or other trustee, to be collected and invested as such court shall by special order or general rule direct. Such guardian or committee shall annually file a report in the county clerk's office in the county in which the property is situated.

Expenses to be paid.

Amount to be paid into state treasury.

of supervisors may require such treasurer to increase the amount of his bail. And it shall be the duty of said board of supervisors to examine into the situation of the securities and money in the hands of such treasurers and to ascertain whether such moneys are safely and securely kept, deposited or invested, and such securities adequate and safe.

$ 7. The clerk of the court of appeals shall deliver to the county clerk of the county of Dutchess all the original books of account, bank books and other vouchers, and other papers containing entries in relation to the moneys and securities which he received from the former clerk of the second judicial district; in the like manner he shall deliver to the clerk of Albany county all such books of accounts and bank books received by him from the register in chancery and the clerk of the third district; to the clerk of the county of Saratoga, all such books received from the clerk in chancery of the fourth district; to the clerk of Oneida county, all such books received by him from the clerk of the fifth district; to the county clerk of Chenango county, all such books received from the clerk of the sixth district; to the clerk of Cayuga county, all such books received from the clerk of the seventh district; and to the clerk of Monroe county, all such books received from the clerk of the eighth district.

Interest how paid.

$9. Such expenses as shall be incurred by the clerk of the court of appeals for extra clerk hire, not exceeding the compensation of one extra clerk, or otherwise, in the execution of this act, shall be credited and allowed by the comptroller, and paid out of any funds applicable to such purpose.

$10. The sum of thirty-five thousand one hundred and eighty-one dollars and fifty cents, now in the hands of the clerk of the court of appeals shall be paid into the state treasury.

S 11. This act shall not prevent the payment of interest by the clerk of the court of appeals to such persons as may be entitled thereto, till such time as the funds and securities herein mentioned are distributed as herein provided.

S 12. All the provisions of the act entitled "An act in relation to the judiciary," passed May 12, 1847, inconsistent with the provisions of this act are hereby repealed.

CHAP. 357.

AN ACT providing for compensation to the County Treasurers of this State, for services rendered by them under the act of April 12, 1848, relating to funds and securities in possession of the Clerk of the Court of Appeals.

PASSED April 11, 1849; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAP. 128.

AN ACT to provide for the speedy disposition of certain

suits.

to treasu

§ 1. The several county treasurers in this state shall be enti- Allowance tled to receive for the services rendered by them in regard to rers. the securities and moneys received and held by them respectively under the provisions of the act entitled "An act in respect to the funds and securities in possession of the clerk of the court of appeals," passed April 12, 1848, in lieu of the compensation provided by said act, a commission of one-half of one per cent. on every dollar which they shall receive, and one-half of one per cent. on every dollar which they shall pay out, of the moneys so received and held by them by virtue of said act.

PASSED April 1, 1850.

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

CHAP. III Repeal.

have prece

§ 1. Every issue of fact joined or hereafter to be joined in Suits by any action brought by the attorney general of this state, pur- general to suant to the joint resolution of the senate and assembly of dence." the tenth day of April, one thousand eight hundred and fortyeight, or proceedings in the nature of a quo warranto, shall have a preference at the court at which it shall be noticed for trial, over all other causes; and every case made, special verdict rendered, and bill of exceptions taken on such trial, and every issue of law joined on the pleadings in such suit or proceedings, and every appeal from any judgment rendered in any such suit or proceedings, shall have a preference in the argument thereof, in any court where the same may be pending.

PART III.

Copyright

of notes and references

vested in secretary of state.

CHAP. 245.

AN ACT to amend the "Act to provide for the publication of the reports of the court of appeals," passed April 11, 1848.

PASSED April 9, 1860.

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

§ 1. The third section of the "act to provide for the publication of the reports of the court of appeals," passed April 11, 1848, is hereby amended to read as follows:

§ 3. It shall not be lawful for the reporter or any other person not to have within this state to secure or obtain any copyright for said reports of

Reporter

Copyright

of judicial

decisions.

the judicial decisions of the court of appeals, but the same may be published by any person.

§ 2. The copyright of any notes or reference made by the state reporter to any of said reports shall be vested in the secretary of state for the benefit of the people of this state.

Ante, p. 592.

CHAP. 511.

AN ACT to facilitate the service of process in certain cases.

PASSED June 30, 1853. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Process,

§ 1. Whenever it shall satisfactorily appear, to any court, or any how to be judge of the supreme court, or any county judge, by the return or affidavit of any sheriff, deputy sheriff, or constable authorized to serve or execute any process or paper for the commencement, or in the prosecution, of any action or proceeding, that proper and diligent effort has been made to serve any such process or paper on any defendant in any such action, residing in this State, and that such defendant cannot be found, or if found, avoids or evades such service, so that the same cannot be made personally, by such proper diligence and effort, such court or judge, may, by order, direct the service of any summons, subpœna, order, notice or other process or paper to be made by leaving a copy thereof at the residence of the person to be served, with some person of proper age, if admittance can be obtained, and such proper person found, who will receive the same, and if admittance cannot be obtained, or any such proper person found, who will receive the same, by affixing the same to the outer or other door of said residence, and by putting another copy thereof properly folded or enveloped, and directed to the person to be served, at his place of residence, into the post office in the town or city where such defendant resides, and paying the postage thereon. On filing with the clerk of the county where such defendant resides, or the county in which the complaint in any such action is by law to be filed, an affidavit showing service according to such order, such summons, subpœna, order, notice, or other process or paper, shall be deemed served, and the same proceedings may be taken thereon as if the same had been served by delivery to such defendant personally or otherwise, as by law now required; but the court may, upon any applicacation by them deemed reasonable, at any time permit any defendant

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