PART III. Judgment of discontinuance entered. CHAP. 243. AN ACT to amend articles eight and thirteen, of title four, chapter two, part third of the Revised Statutes, relating to courts held by justices of the peace. PASSED April 18, 1838. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. The one hundred and eighteenth section of title four, article eight, chapter two of the third part of the Revised Statutes, is hereby amended so that it shall read as follows: If previous to joining issue in any cause, (except where the defendant shall have been arrested by warrant,) the defendant when to be shall make affidavit that the justice before whom the same is pending, is a material witness for such defendant, without whose testimony he cannot safely proceed to trial, and shall set forth therein the particular facts and circumstances which he expects to prove by the justice, judgment of discontinuance shall be entered, if the justice shall be satisfied that he is a material witness for the defendant, and that without his testimony the defendant cannot safely proceed to trial, and not otherwise, but without costs against either party. 24 W., 264; 3 H., 32; 2 S. S. C., 517. Justice may issue a commission to examine witnesses in other counties. Notice to be served party. S2. Whenever an issue of fact shall have been joined in any action or suit before a justice of the peace, and it shall appear on the application of either party that any witness not residing within the county where said suit is pending or the county adjoining, is material in the prosecution or defence of such action or suit, the said justice may award a commission to one or more competent persons, authorizing them or any one of them to examine such witness on oath upon the interrogatories settled by the said justice, and certified by his approbation, entered or endorsed thereon, or by the written agreement or assent of the parties annexed to such commission; to take and certify the depositions of such witness, and to return the same, according to the directions given with such commission, in which commission both parties may unite. 7 H., 77; 3 H., 497, 500. $3. Such commission may be granted at the instance of on adverse either party by such justice of the peace, at any time, upon proof that due notice of such application for such commission has been served on the adverse party at least six days before the time of making such application; but the issuing of such commission shall not postpone the trial beyond the time now authorized by law. And whenever the defendant shall neglect to appear, or to plead in such action or suit, and the plaintiff witnesses. shall make application for a commission to take the deposi Commis sion to examine tion of a material witness for the prosecution of such action or suit, the justice may award a commission without notice, to one or more competent persons to examine such witness on oath, upon interrogatories proposed by the plaintiff, and settled by the justice to take and certify the deposition of such witness, and to return the same according to the directions given in such commission. As amended by Laws of 1847, ch. 329. CHAP. VIL to be made. S 4. The commission shall be executed and returned, as is Return how prescribed by statute when a commission issues out of a court of record, and the deposition and testimony taken in pursuauce thereof shall be received on the trial as testimony in the cause, with the like effect as if such witness were personally examined at such trial. 3 H., 497. CHAP. 303. AN ACT relating to documentary evidence. PASSED May 14, 1845. The People of the State of New York, represented in Senate and Assembly, do enact as follows: records of court States $1. A copy of any records and proceedings of the district Copies of and circuit courts of the United States, may be received in district evidence in all courts of this state, when certified by the clerk United or officer in whose custody the same is required by law to be, evidence. to have been compared by him with the original and to be a correct transcript therefrom, and of the whole of such original, and attested by the official seal of such officer. 12 N. Y., 156; 5 W., 375; 2 W., 411; 7 Cow., 434; 3 J. R., 310; 3 J. CHAP. 240. AN ACT in addition to an act entitled "An act relating to The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. A copy of any act, proceeding, record, document, roll, warrant, order, or other paper or writing, now or hereafter remaining in any of the departments of the government of the United States, may, when certified by the head or acting chief officer at the time being of such department to have been compared by him with the original, and to be a correct transcript therefrom, and of the whole of such original, and attested by the seal of his department, be given in evidence in all courts of this state, with the like effect as the original. PART III. Saving clause. 2. This act and the act hereby amended shall not, nor shall either of them, prevent the proof of such record, act, proceeding, document, roll, warrant, order, or other paper or writing, according to the rules of the common law, or in any other manner. 18 N. Y., 86; 5 B., 681; 3 B., 100; 24 W., 87; 19 W., 383; 17 W., 312; 9 W., 44; 4 W., 75; 1 W., 561; 14 J. R., 308.. Adverse parties may to give testimony. CHAP. 462. AN ACT to authorize parties in civil suits, at their election, to obtain the testimony of the adverse party. PASSED December 14, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. Any party in any civil suit or proceeding either in law be required or equity, had before any court or officer, may require any adverse party whether complainant, plaintiff, petitioner or defendant, or any one of said adverse party, and every person who is beneficially interested in said suit or proceeding, though not nominally a party, to give testimony under oath in such suit or proceeding; and such adverse party may be examined orally or under a commission, in the same manner as persons not parties, to such suit or proceeding, and who are competent witnesses therein, and such party may be subpœnaed and his attendance as a witness compelled, or he may be examined by a commission or conditionally, or his testimony perpetuated in the same manner as any competent witness. Court or dismiss bill, &c. Adverse party to be to attend trial. 23 N. Y., 27; 5 B., 158; 1 S. S. C., 689. $ 2. The court or officer before whom such suit or proceedofficer may ing may be had, shall have power to dismiss the bill, petition, or proceeding of any party, or any part thereof, with costs, or nonsuit any party, or strike out or disregard any defence, or any part thereof, of any party who shall refuse to testify. S3. Any party in any suit or proceeding as aforesaid, shall Bummoned be required, to entitle him to examine the adverse party as a witness in any such suit or proceeding, to summon such adverse party to attend the trial or hearing in such suit or proceeding to give testimony therein, in the same manner that the attendance of witnesses in ordinary cases, shall be compelled; and shall pay or tender to such party at the time of summoning him, the like fees that witnesses shall be entitled to receive in similar suits, and shall also pay to such party, from day to day, the fees of a witness for attendance. Penalty for false swearing. $ 4. Every person examined as a witness pursuant to the provisions of this act, who shall on such examination, wilfully and corruptly swear falsely in giving material testimony, shall upon conviction thereof, suffer the pains or penalties of wil ful and corrupt perjury; but all persons examined in pursuance of the provisions of this act, shall be entitled to the same privileges and exemptions as other witnesses; and the same rules of evidence, examination and impeachment shall apply to the party so examined as a witness, and to the testimony given by him, as in the case of other witnesses. CHAP. VIL called in a second trial S 5. If a party in any suit shall be called and sworn by the Witnesses opposing party as a witness, such party shall be entitled to new or be sworn as a witness in the cause in any new or second trial of a cause. of the cause, or upon any appeal in such cause; but in case such party shall testify on such second or other trial without being called by the opposing party first calling him, such opposing party shall also be entitled to be sworn and testify on such second or other trial. CHAP. 197. AN ACT in relation to documentary evidence. PASSED April 7, 1848. The People of the State of New York, represented in Senate and Assembly, do enact as follows: may be $1. In all cases when a seal of any corporation is autho- Impression rized or required by law, the same may be affixed by making made on an impression directly on the paper, which shall be as valid paper. as if made on a wafer or on wax. 15 N. Y., 225. [Section 2 local.] clause. S3. This act shall take effect immediately, but shall not Saving affect the rights or remedies of parties to any suit or proceedings in law or equity, commenced before the passage of this act. CHAP. 312. AN ACT relative to the proof of the statute and common law of other states and territories. PASSED April 12, 1848. The People of the State of New York, represented in Senate and Assembly, do enact as follows: laws of dence. S1. Printed volume copies of the statute laws of any other Printed of the United States, or of the territories thereof, if purport- states eviing to be published under the authority of the respective governments, or if commonly admitted and read as evidence in their courts, shall be admitted in all courts of law, and on all other occasions in this state as prima facie evidence of such laws. 6 W., 475; 5 W., 375; 2 W., 411; 1 J. R., 385. PART III. Unwritten law how proved. S2. The unwritten or common law of any other of the United States, or of the territories thereof, may be proved as facts by parol evidence, and the books of reports of cases adjudged in their courts, may also be admitted as evidence of such law. 6 W., 475; 5 W., 375. Brief statements to be made. Certified copies how made. Extracts. CHAP. 180. AN ACT to correct the tax books in the comptroller's office, and authorizing extracts from records in his office to be taken therefrom and read as evidence. PASSED March 30, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The comptroller is hereby authorized to insert at the head of each column, on the first page of each of the several books of sales of lands for taxes in his office, a brief statement of what the words or abbreviation or figures contained in the several columns are intended to represent. $2. The comptroller is also authorized to insert in any certified copy given by him from any part of the books aforesaid, at the head of the respective columns therein, the statement at the head of corresponding column in the book from which it was made, with the same effect as if the column from which such copy is taken were headed in like manner. $ 3. The comptroller is also authorized to furnish extracts from the returns of his department of unpaid taxes, and from the tax books therein, in reference to any lot or piece of land, certifying that such extract contains all that is stated in such return or book relating to such lot or piece of land, and such certified extract may be read in evidence in all courts and proceedings with the same effect as the original return or book. Exemplification by CHAP. 94. AN ACT in relation to documentary evidence. PASSED March 25, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows § 1. The exemplification of the record of any last will and surrogates testament, proved before the surrogate of any county in this state, before the first day of January, one thousand eight hunJanuary, dred and thirty, certified under the seal of the officer having of wills before 1st 1880, to have same |