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CHAP, XI.

stenographer, who shall be entitled to such compensation as shall be certified by such justice, not exceeding five dollars for each day's attendance at such court at the request of such justice; which compensation shall be a charge upon the counties in which such courts shall be held respectively, and shall be audited, allowed and paid in like manner as other county charges are audited, allowed and paid. It shall be the duty of such stenographer to furnish to any party to such trials, upon request, a copy of the evidence and proceedings taken by him on such trials, or of such part thereof as may be required, on payment, on behalf of such party, of six cents for every one hundred words of the copy so furnished.”

Section two hundred and seventy-three is hereby amended Section 273 so as to read as follows: “In all cases of reference, the par- to appointties as to whom issues are formed in the action, (except when referoes and the defendant is an infant or an absentee) may agree in mepbing of writing upon a person or persons not exceeding three, and a reference shall be ordered to him or them, and to no other persons. And if such parties do not agree, the court shall appoint one or more referees, not more than three who shall be free from exception. And no person shall be appointed referee to whom all parties in the action shall object, except in actions for divorce. And no justice or judge of any court shall sit as referee in any action pending in the court of which he is judge, and not already referred. Unless the court shall otherwise order, or the parties otherwise stipulate, the referee or referees shall make and deliver a report within sixty days from the time the action shall be finally submitted, and in default thereof, said referee or referees shall not be entitled to receive any fees, and the action shall proceed as if no reference had been ordered.”

Section two hundred and ninety-two is hereby amended by Section 202 adding thereto the following: “Nor shall be be excused from to exami

nation of answering any question on the ground that he has, before the

judgment examination, executed any conveyance assignment or trans- debtor. fer of his property for any purpose, but his answer shall not be used as evidence against him in any criminal proceeding or prosecution."

Section two hundred and ninety-four is hereby amended Section 294 by adding thereto the following words: “The proceedings to supplementioned in this section, and in section two hundred and proceed. ninety-two, may be taken upon the return of an execution ings. unsatisfied, issued upon a judgment recovered in an action against joint debtors, in which some of the defendants have not been served with the summons by which said action was commenced, so far as relates to the joint property of such debtors; and all actions by creditors, to obtain satisfaction of judgments out of the property of joint debtors, are maintainable in the like manner and to the like effect. These provisions shall apply to all proceedings and actions now

Section 298

to costs.

amended as

PART III. pending, and not actually terminated by any final judgment

or decree."

Section two hundred and ninety-eight is hereby amended by adding thereto the following:

“But before he shall be vested with any real property of to receivers such judgment debtor, a certified copy of said order shall

also be filed and recorded in the office of the clerk of the county in which any real estate of such judgment debtor sought to be affected by such order is situated, and also in the office of the clerk of the county in which such judgment debtor resides."

Section three hundred and seven is hereby amended by

adding to subdivision three thereof the following words: Section 307 “And for attending the examination of a party before amended as trial, ten dollars; for making and serving a case, twenty dol

lars; and for making and serving amendments thereto, ten dollars."

Section three hundred and twenty-eight is hereby amended

so as to read as follows: Section 328 “ If the appellant shall not, within twenty days after his to appeals.

appeal is perfected, cause a certified copy of the notice of appeal and of the judgment roll, or, if the appeal be from an order or any part thereof, a certified copy of such order and the papers upon which the order was granted, to be transmitted to the appellate court by the clerk with whom the notice of appeal is filed, the respondent may cause such certified copy to be transmitted by such clerk to the appellate court and recover the expenses thereof, as a disbursement on such appeal in case the judgment or order appealed from sball be in whole or in part affirmed, and this provision shall apply to all appeals heretofore taken where the appeal has not been dismissed in the manner provided by the rules of the appellate court."

Section three hundred and thirty-five is hereby amended so as to read as follows:

“If the appeal be from a judgment directing the payment for eaded as of money, it shall not stay the execution of the judgment, execution unless a written undertaking be executed on the part of the

.

appellant, by at least two sureties, to the effect, that if the judgment appealed from or any part thereof be affirmed, or the appeal be dismissed, the appellant will pay the amount directed to be paid by the judgment, or the part of such amount as to which the judgment shall be affirmed, if it be affirmed only in part, and all damages which shall be awarded against the appellant upon the appeal. Whenever it shall be made satisfactorily to appear to the court that since the execution of the undertaking the sureties have become insolvent, the court may, by rule or order, require the appellant to execute, file and serve a new undertaking as above; and in case of neglect to execute such undertaking within twenty days after the service of a copy of the rule or order requiring

Section 835

on appeal.

such new undertaking, the appeal may, on motion to the CHAP. XI. court, be dismissed with costs. Whenever it shall be necessary for a party to any action or proceeding to give a bond or an undertaking, with surety or sureties, he may in lieu thereof deposit with the officer or into court, as the case may require, money, to the amount for which snch bond or undertaking is to be given. The court in which such action or proceeding is pending may direct what disposition shall be made of such money, pending the action or proceeding. In any case where, by this section, the money is to be deposited with an officer, a judge of the court, at special term or at chambers, upon the application of either party, may, before such deposit is made, order it to be deposited in court instead of with such officer; and a deposit made pursuant to such order, shall be of the same effect as if made with such officer."

Section three hundred and fifty-two is hereby amended by adding thereto as follows:

" And when the appeal is to tbe superior court of Buffalo, Section 852 in the cases in which by the terms of this section a new trial to new trial may be had, such new trial shall be had in the said superior court or court."

Buffalo. Section three hundred and fifty-five is hereby amended so Section 365

as as to read as follows: “When by the terms of section three to security hundred and fifty-two, the appellant is entitled to a new trial in the appellate court, he shall, at the time of taking his appeal, and in all other cases, if he desires a stay of execution of the judgment, give security as provided in the next section.”

Section three hundred and sixty-four is hereby amended by Secthote 804 adding thereto the following: “And the provisions of this to appeals chapter for a new trial shall apply as well to appeals hereto- ing. fore taken and now pending, as those hereafter to be brought.”

Section three hundred and seventy-one is hereby amended Seethared a by striking out the last two sentences of the first paragraph to offer of and inserting in place thereof the following: “If such offer on appeal. be not made, and the judgment in the appellate court be more costs. favorable to the appellant than the judgment in the court below, or if snch offer be made and not accepted, and the judgment of the appellate court is more favorable to tbe appellant than the offer of the respondent, the appellant shall recover costs. If the offer be made and accepted by the appellant, the appellant shall recover all his disbursements on appeal, and all his costs in the court below. But the appellant shall not recover costs except as provided in this chapter. The respondent shall be entitled to recover costs where the appellant is not.”

Section three hundred and ninety-five is hereby amended Sectioneel 5 80 as to read as follows: “A party examined by an adverse to esami: party, as in this chapter provided, may be examined on his adverse owi behalf, subject to the

same rules of examination as other party. witnesses. But if he testify to any new matter, not responsive to the inquiries put to him by the adverse party, or

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PART III,

Section 899 amended as to testi mnony of parties.

necessary to explain or qualify his answers thereto, or discharge when his answers would charge himself, such adverse party may offer himself as a witness on his own behalf in respect to such new matter, subject to the same rules of examination as other witnesses, and shall be so received."

Section three hundred and ninety-nine is hereby amended by adding thereto the following: “But if the testimony of a party to the action or proceeding has been taken, and he shall afterwards die, and after his death the testimony so taken shall be used upon any trial or hearing, in behalf of his executors, administrators, heirs-at-law, next of kin, or assignees, the other party or the assignor of a thing in action, shall be a competent witness, as to any and all matters to which the testimony so taken relates, notwithstanding anything in this section contained to the contrary thereof."

$ 2. Section thirty-seven, article second, title second, chap

ter first, part third, of the Revised Statutes in relation to the chap, and jurisdiction of the court of chancery, is hereby repealed.

S 3. Section four hundred and seventy-one of the Code of repealed. Procedure is hereby amended by adding thereto the followSection 471, ing: “In actions or proceedings by mandamus, amendments to manda- of any mistakes in the process, pleadings or proceedings

therein may be allowed, and shall be made in conformity to the provisions of chapter six, title six, of the second part of

the Code of Procedure." Chapter 460 $ 4. The four hundred and sixtieth chapter of the Laws

of eighteen hundred and sixty-two, is hereby amended by amended. striking out the characters and figures therein as follows:

“28, 29, $ 30.”

Section 37, article 2, title 2, of Revised Statutes

mus.

of laws of 1862,

GENERAL STATUTES

OF THE

STATE OF NEW YORK; &C.

PART IV.

ADMINISTRATION OF ORIMINAL JUSTICE.

CHAPTER I.

Crimes.

CHAP 260.
AN ACT to punish the procurement of abortion, and for

other purposes.

PASSED May 13, 1845. The People of the State of New York, represented in Senate and Assembly, do enact as follows: [} 1. Repealed by Laws of 1846, ch. 22.]

$ 2. Every person who shall administer to any pregnant Panish. woman, or prescribe for any such woman, or advise or pro- cusing cure any such woman to take any medicine, drug, substance miscarriage or thing whatever, or shall use or employ any instruments or other means whatever, with intent thereby to procure the miscarriage of any such woman, shall, upon conviction, be punished by imprisonment in a county jail, not less than three months nor more than one year.

I N. Y., 383; 2 B., 218.

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