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to appear and defend, or have such other relief, in any action or proceeding founded on any such service, as the nature of the case may require. But (except in partition cases or actions or proceedings where no personal claim is made against any person included in the classes or description hereinafter mentioned), none of the provisions of this act shall be deemed applicable to or in anywise relate to officers, soldiers or musicians while actually absent from their town or place of residence, and actually engaged in the army or military service of the United States, nor to any sailor or marine actually absent from his place of residence, and actually engaged in the naval service of the United States; and, except in partition cases and cases where no personal claim is made, as aforesaid, no order shall be allowed by any court, justice or judge, under the provisions of this act, directing the service of any summons, order, notice, or other process, as above provided, unless at the time of making the application for such order, the applicant for such order shall show, to the satisfaction of said court, justice or judge, by affidavit, that the defendant against whom such order is desired, is not an officer, soldier or musician actually absent from his place of residence and actually engaged in the army or military service of the United States, nor a sailor or marine actually absent from his place of residence and actually engaged in the naval service of the United States, or shall so show that the action is one for the partition of real estate, or shall so show that no personal claim is made in the action, against the defendant against whom such order is sought.

16 N. Y., 244; 32 B., 649.

As amended by Laws of 1863, ch. 212. Post, vol 6, p. 91.

CHAP. 648.

AN ACT in relation to surrogates' courts held by county judges and other officers.

CHAP. IIL

PASSED July 21, 1853. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

officer.

§ 1. In those counties in which the county judge is also surrogate, Title of he may be named and designated simply as surrogate, without any addition referring to his office as county judge; and in those counties where the surrogate is a distinct officer, the county judge or other officer, when acting as surrogate, shall be designated by his official title, with the addition of the word, "and acting surrogate."

CHAP. 202.

AN ACT to extend the provisions of the Code of Procedure to
forfeited recognizances.
PASSED April 9, 1855.

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

§ 1. All the provisions of the Code of Procedure are hereby applied Code exto all recognizances forfeited in any court of general session of the tended. peace, or of oyer and terminer, in any of the counties of this state.

§ 2. All laws or parts of laws or provisions of statutes, in anywise Repeal. conflicting with such application of the provisions of the Code of Procedure to the said forfeited recognizances, are hereby repealed.

PART III. Josts.

Prohibited from practicing.

$ 3. In no case whatsoever, upon proceedings upon forfeited recognizances, shall any fees or costs whatsoever be chargeable to the mayor, commonalty, aldermen, or supervisors of the city and county of New York, by the officer prosecuting the same.

Appeals in Fuits of the people.

CHAP. 567.

AN ACT to prohibit clerks of the courts in this state from practising as attorneys and counsel in their respective

courts.

PASSED April 15, 1857.

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

$1. No clerk or deputy clerk of any court in this state shall be permitted to practice as attorney or counsel in any court of which he shall be such clerk or deputy clerk.

CHAP. 37.

AN ACT to facilitate the progress of civil actions, in which the people of the state are parties.

PASSED March 20, 1858.

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

Preference

S1. Any civil action or proceeding in which the people of to cases of this state are a party, and when the attorney-general shall

the people.

be the attorney on record, shall have a preference in all the courts of this state, and may be moved, on the part of the people, out of its order on the calendar; but such preference shall not be had, unless the attorney for the state shall give notice, at the time of service of notice of trial or argument of the day on which he shall move the trial or hearing of the action; and in case the same shall not be moved by the attor ney for the state on such day, the defendant shall have the right to move the trial or argument of the action, and the trial or argument shall not be moved out of its order on any other day than the day specified in such notice, unless the court shall otherwise direct.

$ 2. An appeal may be brought by the people of this state or any state officer or board of state officers, from any judg ment or order against them in any court, without any under taking or security whatever, and such appeals now pending or that shall hereafter be brought shall operate as a stay of proceedings on the judgment or order appealed from.

As amended by Laws of 1861, ch. 288.

CHAP. 176.

AN ACT to provide for additional compensation to jurors
in attendance upon Courts of Record in Rensselaer,
Westchester, St. Lawrence, Queens, Niagara, Ulster and
Livingston counties.

PASSED April 13, 1858; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

See Laws of 1860, ch. 136.

As amended by Laws of 1864, ch. 545. Post, vol. 6, p. 303.

jurors.

$1. The several, boards of supervisors in this state may, Pay to at their first, or any subsequent meeting, after the passage of this act, direct a sum, not exceeding one dollar and fifty cents a day, to be allowed to every grand and petit juror for attending the courts of record held within the several counties, in addition to other fees which such jurors may receive, and they may also direct an allowance to be made to such jurors for traveling in coming to and returning from such courts, not exceeding five cents a mile. Such money shall be raised in the same manner as other county charges are by law to be raised and collected.

CHAP. 386.

AN ACT requiring county treasurers to file in the county clerk's office a report of the moneys and securities in their hands belonging to infants.

PASSED April 16, 1859.

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

CHAP. III.

county

office.

$1. The county treasurer of every county in this state County shall, within ten days after the first day of July of each and to file reevery year, make and file in the county clerk's office of the port in county in which he resides, a report, which shall contain a clerk's statement of all moneys or securities in his hands belonging to infants or to other persons; for whom invested; how invested, with a particular description of the securities belonging to each infant, containing a statement of the amount due thereon for principal and of the amount due thereon for interest, with a particular statement of his account as to each infant, up to the first day of July preceding the date of said report; the amount of fees charged by him; the amount in his hands invested and uninvested, and to whom the same belong; and if he has in his hands any moneys not invested

PART III.

Official bond made applicable.

the said report shall state the amount thereof; the length of time the same has been in his hands uninvested and the reasons why the same has not been invested; the said report shall also state whether the moneys in his hands uninvested is for principal or interest, and the length of time any principal sum shall have remained in his hands uninvested during the year preceding the date of said report; which report shall be verified by the oath of the county treasurer to be in all respects true.

$ 2. The official bonds of any county treasurer executed after the passage of this act, shall be held to apply to all the moneys and securities mentioned in the first section of this act, and the supervisors of any county may require such new or additional security at any time for the safe keeping and application of such moneys and securities as they may deem proper. In case any county treasurer shall neglect to file his report as required in the first section of this act, he shall forfeit the sum of five hundred dollars to the people of the state of New York, for the use of the poor of the county.

Time for making and Aling report may be

$ 3. The time for the making and filing of the report required by the first section of this act may be extended extended twenty days, by a justice of the supreme court, upon good

cause shown, but no order shall be made enlarging the time for the filing of such report unless notice of the application for such order shall have been served upon the district attorney of the county, and proof of such service furnished to the justice making the order; and no order enlarging the time for the making of such report shall be of any force or effect until the order shall have been entered on the book kept for the entry of orders made by the supreme court and the original order, signed by the justice, with the papers upon which the same was granted, shall have been filed in the clerk's office of the county.

County treasurer to

S4. In case the county treasurer shall not file his report as Alle report. specified in this act, it shall be the duty of the district attor ney of the county to bring an action in any court having cognizance thereof, in the name of the people of the state of New York, against such county treasurer, to recover the penalty provided for in the second section of this act.

CHAP. 136.

AN ACT in relation to the fees of grand and petit jurors.
PASSED March 31, 1860; "three-fifths being present."

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

S1. The first section of chapter one hundred and seventy1859, amen- six of the Laws of eighteen hundred and fifty-eight, is hereby

Chapter 176 of laws of

ded

amended so as to read as follows:

CHAP. IIL

jurors.

1. The several boards of supervisors in this state may, at compensa their first or any subsequent meeting after the passage of this tion of act, direct a sum, not exceeding one dollar and fifty cents a day, to be allowed to every grand and petit juror for attending the courts of record held within the several counties, in addition to other fees which such jurors may receive; and they may also direct an allowance to be made to such jurors for traveling in coming to and returning from such courts, not exceeding five cents a mile. Such money shall be raised. in the same manner as other county charges are by law raised and collected.

So amended by Laws of 1864, ch. 545. Post, vol. 6, p. 303.

CHAP. 43.

AN ACT to authorize attorneys of the Supreme Court of this State residing in adjoining States, to practice in the Courts of this State.

PASSED March 22, 1862.

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

only to

heretofore

$1. Any regularly admitted and licensed attorney of the Supreme Court of this state, and whose only office for the transaction of law business is within this state, may practice as such attorney in any of the courts of this state notwithstanding he may reside in a state adjoining the state of New York, provided that this act shall extend only to attorneys To extend who have been heretofore admitted to practice in the courts attorneys of this state, and who reside out of the state of New York, admitted to and that service of papers which might, according to the prac- practice in tice of the courts of this state, be made upon said attorney at his residence, if the same were within the state of New York, shall be sufficient if made upon him by depositing the same in the post office in the city or town wherein his said office is located, directed to said attorney at his office, and paying the postage thereon; and such service shall be equivalent to personal service at the office of such attorney.

Repealed by Laws of 1866, ch. 175. Post, vol. 6, p. 706.

CHAP. 451.

AN ACT to establish a tribunal of conciliation in the sixth judicial district.

PASSED April 23, 1862; three-fifths being present.

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

$1. A tribunal of conciliation is hereby established in the Court essixth judicial district of this state.

tablished.

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