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CHAP. IX.

Penalty.

incurred for printing, the lien shall continue until payment shall be made for such additional expense.

S 5. In case any person shall neglect or refuse to comply with the provisions of this act, he shall forfeit the sum of five dollars for each and every trunk, box or bundle of baggage so neglected as above specified, to the benefit of any person who shall sue for the same, in his own name, in an action of debt in any court having cognizance thereof.

CHAP 523.
AN ACT in regard to unclaimed express freight.

PASSED April 14, 1855. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Every express company, or person or persons, engaged Express in the express business, who shall have had any unclaimed may sell article, goods, or things, not perishable, in its, his, or their articles. possession, for a period of one year at least, may proceed to sell the same at public auction, and out of the proceeds may retain the charges of transportation and storage of such article, goods or thing, and the expenses of advertising and sale thereof; but no such sale shall be made, until the expiration of four weeks from the first publication of notice of such sale, in a newspaper published at or nearest the place at which such article, goods, or thing, was directed to be left, and also at the place where such sale is to take place; and said notice shall contain a description of such article, goods, or thing, the place at which the same was to be left, as near as may be, together with the name of the person to whom directed, if known; and the expenses incurred for advertising shall be a lien upon such article, goods, or thing, in a ratable proportion, according to the value of each article, package or parcel, if more than one.

S 2. In case such unclaimed article, goods, or thing, shall In case of in its nature be perishable, the same may be sold as soon as articles. it can be, on giving the notice required in the preceding section, after its receipt at the city, town, or village, to which it was directed.

$ 3. Such express company, or person or persons engaged Must keep in the express business, shall make an entry of the balance and refund of the proceeds of the sale, if any, of each article, goods or thing directed to the same person, as near as can be ascertained, and at any time within five years thereafter, shall refund any surplus so retained to the owner of such article, goods, or thing, his heirs or assigns, on satisfactory proof of such ownership.

$ 4. In case such balance shall not be claimed by the right- Or pay to ful owner within five years after the sale as above specified, treasurer.

the owner.

PART II.

then it shall be paid to the county treasurer, for the use of
the county poor of said county.

CHAPTER X.
Damages for Causing Death.

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Actions for damages miy be maintained

CHAP. 450.
AN ACT requiring compensation for causing death by
wrongful act, neglect, or default.

PASSED December 13, 1847.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:

$ 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default, is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages, in respect thereof, then and in every such case, the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.

24 N. Y., 181, 196, 471; 23 N. Y., 466; 15 N. Y., 434; 14 N. Y., 314;

32 B., 25, 145; 31 B., 261; 30 B., 101, 437; 29 B., 237, 603; 28 B.,
14, 42; 27 B., 244, 248; 26 B., 618; 25 B., 218; 21 B., 245, 508,
513; 16 B., 54, 315; 15 B., 575; 14 B., 588; 3 Bos., 67; 3 E. D. S.,

103.

By whom brought.

$ 2. Every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportions provided by law in relation to the distribution of personal property, left by persons dying intestate; and in every such action the jury may give such damages as they shall deem fair and just, with reference to the pecuniary injury resulting from such death to the wife and next of kin of such deceased person : provided that every such action shall be commenced within two years after the death of such deceased person.

Amended, see Laws of 1849, ch. 256.

CHAP. X.

brought.

CHAP. 256.
AN ACT to amend “An act requiring compensation for

causing death by wrongful act, neglect or default,”
passed December 13, 1847.

PASSED April 7, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. The second section of the act entitled “An act requir- Actions in ing compensation for causing death by wrongful act, neglect name to be or default,” is hereby amended so as to read as follows: Every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate; and in every such action the jury may give such damages as they shall deem a fair and just compensation, not exceeding five thousand dollars, with reference to the pecuniary injuries resulting from such death to the wife and next of kin of such deceased person, provided, that every such action shall be commenced within two years after the death of such person; but nothing herein contained shall affect any suit or proceeding heretofore commenced and now pending in any of the courts of this state.

23 N. Y., 159, 466; 22 N. Y., 194; 14 N. Y., 314; 30 B., 102; 3 Bos.,

67; 2 Hilt., 356; 3 E. D. S., 103. $ 2. Every agent, engineer, conductor, or other person in Agents, &c. the employ of such company or person through whose wrong- indicted. ful act, neglect or default the death of a person shall have been caused as aforesaid, shall be liable to be indicted therefor, and upon conviction thereof may be sentenced to a state prison for a term not exceeding five years, or in a county jail not exceeding one year, or to pay a fine not exceeding two hundred and fifty dollars, or both such fine and imprisonment.

GENERAL STATUTES

OF THE

STATE OF NEW YORK; &C.

PART III.

ADMINISTRATION OF CIVIL JUSTICE.

CHAPTER I.
Courts of General Jurisdiction.

CHAP 128.
AN ACT relating to the Supreme and Circuit Courts.

PASSED April 13, 1832. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Where, in any personal action, any bill of exceptions Proceedshall be taken, demurrer to evidence put in, case made, or of excep: notice of motion given for new trial on newly discovered evi- demurrer dence, and the proceedings shall not be stayed, the party in persoon whose favor the verdict is rendered, may perfect his judgment action. and issue execution; but it shall nevertheless be lawful for the other party to proceed to obtain a hearing before the supreme court upon the matters in question, in the manner hereinafter mentioned ; and in case their judgment shall be in his favor, they may set aside the proceedings with the verdict, and order restitution, which may be enforced by such writs of restitution as are used in cases of reversal in error, or by

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