required to appoint agents, the register, assistant register, and clerks of such courts shall be such agents, and shall perform all the services usually performed by such agents without fee or reward. S8. Witnesses fees: For each witness, fifty cents, for each day while attending any court or officer, and if the witness resides more than three miles from the place of attendance, travelling fees at the rate of four cents per mile going and returning. CHAP. X Witnesses' fees. S9. All laws, concerning fees for the service of criers, in Crier's fees. all courts of law, except in the court for the correction of errors, are hereby repealed. S 10. The crier of the supreme court shall receive for his Ib. services three dollars for each day during his attendance upon the court, to be certified by the clerk of the court, and to be audited by the Comptroller, and paid on his warrant, by the Treasurer, out of the general fund. Criers of other courts shall receive, during their attendance upon the court, the same compensation as constables are by law allowed, to be audited and paid as county charges. certain S11. In the following cases, where the party is by law Costs in entitled to recover costs in any action or proceeding, he shall cases. have judgment for costs, as follows: 1. If the action or proceeding be in the supreme court, if the plaintiff be entitled to recover full costs of that court, or if the action be in any other court of law, and the plaintiff, if the same action or proceeding were in the supreme court, would be entitled to recover full costs of that court, such plaintiff shall recover costs for services mentioned in this act, at and after the rate in this act before prescribed, and also other fees and disbursements allowed by law. 2. In all other cases in the said courts, if the plaintiff be entitled by law to recover costs, such plaintiff shall recover for fees of attorney and counsel, two-thirds only of the amount prescribed for such services by this act, together with other fees and disbursements allowed by law. 3. When a defendant shall be entitled to recover costs in any court of law, he shall recover full costs for services herein mentioned, at the rate herein prescribed for such services, together with other fees and disbursements allowed by law. [§ 12 repealed by Laws of 1842, ch. 277.] upon con. S13. In all actions founded upon contract or upon any Founded judgment, the costs of the plaintiff for attorney and counsel tract, &c. fee, exclusive of other fees and disbursements in the following cases, shall not exceed the sums following, viz.: In cases of judgment by default, for want of a plea to a declaration, when the damages shall be assessed by the clerk or other officer, a judgment by confession, no plea or demurrer having been put in; and in cases where judgment is entered, by virtue of a warrant of attorney or without suit, if the damages recovered or sum secured and payable by the condition of the PART III Rules to plead abolished. Costs in certain cases in supreme obligation on which the recovery is had be more than fifty dollars, and not over one hundred dollars, six dollars; if over one hundred dollars, and not over two hundred dollars, seven dollars and fifty cents; if over two hundred dollars, and not over three hundred dollars, nine dollars; if over three hundred dollars, and not over four hundred dollars, ten dollars and fifty cents; if over four hundred dollars, and not over five hundred dollars, twelve dollars; if over five hundred dollars, and not over one thousand dollars, fifteen dollars; if over one thousand, twenty dollars. In case of judgment by default for want of a plea to the declaration and damages assessed upon a writ of inquiry, if the recovery be over fifty dollars, and not exceeding two hundred and fifty dollars, seven dollars; if the recovery be over two hundred and fifty dollars, and not over five hundred dollars, twelve dollars; if the recovery be over five hundred dollars, fifteen dollars. In cases where the suit shall be settled before plea pleaded or default entered, and the sum allowed on settlement shall be fifty dollars or over, and under two hundred and fifty dollars, five dollars; if two hundred and fifty dollars or over, and under five hundred dollars, seven dollars and fifty cents; if over five hundred dollars, ten dollars, with one dollar in addition for every defendant more than one in all cases specified in this section, where the defendants are not sued as copartners. 3 D., 171. $ 14. On commencing a suit by declaration, and in cases of scire facias, no rule to plead shall be necessary; but a notice shall be annexed to the declaration or copy of scire facias, requiring the defendant to plead within such time as shall be required by the rules of the court. $ 15. The justices of the supreme court shall, by general rules or orders, make such rules and regulations as they shall court, to be deem just and proper, concerning the amount of costs to be regulated by court. Authority court. allowed upon granting or denying special motions, and may fix the gross amount of costs to be awarded without taxation; and may, by such general rule or order, direct that such gross amount of cost may be increased in peculiar and important cases; and such general rules and orders shall be observed by all courts of law; and all orders awarding costs upon granting or denying special motions, shall specify the amount of such costs; and where the order for the payment of costs, or any sum of money upon a special motion, is not conditional, a precept to enforce payment of such costs or sum of money, may be issued without any demand or application to the court. 1 N. Y., 533. S 16. The supreme court may, by general rules and orders, abolish the practice of making such ordinary motions and entering such common rules as they may think proper, and such orders of the supreme court shall be observed by all other courts of law. CHAP. X. Pleas in cases to be oath. S17. In actions upon contract upon any written instrument or record, if the plaintiff shall describe the written instrument certain or record in the declaration, or annex a copy thereof to the verified by declaration, unless the defendant verify his plea by affidavit, or annex thereto an affidavit of merits, in such form and manner as the supreme court shall prescribe, such plea may be disregarded by the plaintiff, and he may proceed to judgment in the same manner as if no plea had been served. certain wrongs. S 18. In actions for assault and battery, or for false impri- Costs in sonment, or for slanderous words, or for libel or malicious actions for prosecution, prosecuted in any court of record, if the plaintiff shall not recover damages to the amount of fifty dollars, such plaintiff shall recover no more costs than damages. 2 B., 433. $ 19. In actions of replevin hereafter prosecuted in any Replevin. court of common pleas or mayor's court, if the plaintiff recover therein, but do not recover fifty dollars damages, and the value of the property is less than fifty dollars, neither party shall recover costs. $20. In all cases in which courts of general sessions of the Costs in gereral peace are authorized to award costs, such costs shall be sessions. awarded only at and after the rate allowed in and by the second subdivision, section eleven of this act; and the act entitled "An act regulating costs in the courts of general sessions of the peace," passed May 9, 1835, is hereby repealed. $21. In case of a trial at circuit, the copy of the pleadings Circuit roll furnished for the court upon trial, with a certified copy of the abolished. minutes of the trial annexed without any postea thereon, shall be filed, and thereupon judgment shall be rendered for the party entitled thereto. and postca against cor $22. In a summons for the commencement of a suit Summons against a corporation, it shall be sufficient to state briefly the porations. nature of the action, without setting out the cause of action at large. in vacation. S 23. Judgments may be entered and perfected at any time Judgments in term or vacation. 3 D., 45. of S 24. Writs of fieri facias may be issued and tested at any racias. time in term or vacation, after the expiration of thirty days from the entry of such judgment, and such writs shall be made returnable sixty days from the receipt thereof, by the sheriff or other officer to whom the same shall be directed, and may be made returnable before the justices or judges of the court from which the execution issued, without mentioning any particular place where returnable. judgments $25. No judgment or decree which shall be entered after Lien of this act takes effect, shall be a lien upon real estate, unless and decrees the same shall be docketed in books to be provided and kept for that purpose by the county clerk of the county where the lands are situate. 1 B. Ch., 571. PART III. Transcripts in supreme court. $26. After this act takes effect, when a judgment shall be of dockets perfected in the supreme court, or at any time within five years thereafter, the clerk, on request and on payment of the fees for the same, shall furnish the party with one or more certificates or transcripts, containing all the facts necessary to make a perfect docket of the judgment, and on presenting such transcript to any county clerk, he shall immediately file the same and docket the judgment in the manner required by law, specifying the court in which the judgment was recovered, the day and the hour on which it was perfected, and the day and hour of docketing the same. If such judgment shall not be docketed within ten days from the time when it was perfected, it shall only be a lien from the time of docketing; but if docketed within the said ten days, it shall be a lien from the time it was perfected, except as against bona fide purchasers and mortgagees. Effect of docketing. Decrees in chancery. Judgments in mayor's 17 N. Y., 487; 3 B. Ch., 119; 2 B. Ch., 196. S 27. After this act takes effect, the decrees of the court of chancery shall be docketed in the same manner and with the like effect as judgments of the supreme court. $28. After this act takes effect, the judgments of the supecourts, &c. rior court of the city of New York, and of all mayor's courts, shall be docketed with the clerk of the county where the court is held, before the same shall become a lien. Ib. of com and superi or court. $ 29. The judgments of the superior court of the city of mleri New York, and of any court of common pleas, recovered after this act takes effect, may be docketed in the manner above mentioned, in any other county than that in which the judg ment was rendered, with the like effect as is above provided in relation to the judgments of the supreme court. Ficri facias may issue to any county. Books for judgments to be pro vided. 21 B., 144. S30. A fieri facias upon any judgment docketed as provided for in the next preceding section, may be issued out of the court in which the judgment was rendered, to the sheriff or other proper officer of any county where the judgment is docketed, with the like effect as though issued to the sheriff of the county where the court was held. Such execution shall be returned to and filed by the clerk of the court from which it was issued. As amended by Laws of 1844, ch. 104. Ante, p. 627. [Section 31 repealed by Laws of 1844, ch. 312.] Ante, pp. 535, 627. 34. The county clerk shall provide and keep proper books, docketing in which he shall docket all judgments and decrees in their regular order, according to priority, whether the judgment be rendered in the court of which he is clerk, or in some other court, and in all cases shall specify the court in which the judgment or decree was recovered or made. The expense of procuring such books shall be audited and paid in the same manner as other county charges. CHAP. X. clerk of court, &c. $35. The annual salaries now allowed by law to the regis- Salaries of ter and assistant register of the court of chancery, and to the register, clerks of the supreme court, are hereby reduced to five hun- supreme dred dollars each; and of the aggregate amount of such reduced. reduction, one-half is hereby added to the annual appropria- Application tion for the enlargement of the state law library; and the reduced. other half shall be paid annually to the justices of the supreme court, for the purchase of books for their use, which shall be the property of the people of this state, and be denominated the supreme court library; the said justices shall annually account for the expenditures thereof to the Comptroller. supreme account for S36. Hereafter there shall not be paid to the clerks of the Clerks of supreme court, the register and assistant register and clerks court to in chancery, or either of them, any part of the sums required disburso to be paid to them for clerk hire and office expenses, by the ments. act passed May 7, 1839, until they shall have respectively fully accounted by vouchers, to the satisfaction of the Comptroller, for the disbursement of all sums previously paid to them for that purpose, after the passing of this act. fied. $37. The said accounts shall be verified by the affidavit of How verlthe officer making the same; which affidavit shall show fully that the disbursements charged in said account were necessary in the keeping of the office in the charge of the person making the same. Not to court of apply to [Section 38 repealed by Laws of 1844, ch. 104.] S 39. Nothing in this act contained shall be deemed or taken to apply to the court for the correction of errors, or to the fees of any counsellor, attorney or other officer thereof, nor to the marine marine court of the city of New York. 1 N. Y., 533. errors or Kurt. clause. $ 40. The seventeenth, eighteenth, nineteenth, twenty- Repealing second, twenty-seventh, thirty-first and thirty-third Sections of Title three of Chapter ten of the third Part of the Revised Statutes, and so much of Section thirty of the same Title, Chapter and Part of the Revised Statutes, as prescribes the amount of fees for services of clerks of the supreme court, clerks of the circuit courts, and of the courts of common pleas, or mayors' courts; and Section thirteen of Title one of the same Chapter, and also so much of the act entitled "An act concerning the compensation of clerks of the supreme court, and of the register, assistant register and clerks in chancery, passed May 7, 1839, as relates to fees to be paid for services of clerks of the supreme court, are hereby repealed. 19 B., 532. As amended by Laws of 1844, ch. 104. Ante, p. 627. IV. 88 |