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PART II.

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

By whom brought.

CHAPTER X.

Damages for Causing Death.

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 maintained default, is such as would (if death had not ensued) have enti

Actions for damages may be

tled 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.

$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. 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:

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.

CHAP. X.

whose

§ 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 brought. 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.

to be

S2. 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.

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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:

ings on bill

personal

S1. 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- tions and dence, and the proceedings shall not be stayed, the party in in an 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

PART III.

Hearing before circuit judge.

His powers in such

cases.

Hearing before

supreme court on appeal.

Circuit judge to hold court

Security how to be given.

motion and attachment, according to the practice of the court in cases of attachment.

14 W., 244; 12 W., 242, 255.

$2. The cases mentioned in the first section of this act, shall in the first instance be heard and decided by the circuit judge of the circuit in which the cause was tried, or by such other circuit judge as shall hold the courts mentioned in the fifth section of this act,

S 5. Every circuit judge shall hold a court once at least every three months, for hearing arguments of the matters every three hereby committed to his decision, at such times and places

months.

within his circuit as he shall appoint; notice of which shall be given by the circuit judge, as is by law required in relation to chancery courts in the several circuits.

Rules.

$ 3. Upon such hearing, the circuit judge who holds said court, shall have and exercise the same power in the cases mentioned in the first section, as is now possessed by the justices of the supreme court.

$ 4. In the cases herein before mentioned, either party may bring the cause to a hearing thereon before the supreme court, by appeal, after the circuit judge shall have decided the same; but no such cause shall be so brought before the supreme court for hearing, unless a bond, with sufficient sureties, to be approved by the circuit judge, or the first judge of the county in which the venue is laid, whose approval shall be endorsed thereon, shall be executed to the other party, in the manner and of the effect mentioned in the seventh section of this act, or unless he obtain an order from the said circuit judge, or one of the justices of the supreme court, staying the proceedings in the suit.

12 W., 242.

[Section 6 obsolete.]

$ 7. The security to be given as above provided, shall be a bond by two sureties, with or without the party, and shall be in the penalty of two hundred dollars; and the condition of it shall be, that the party appealing shall pay all such costs as shall accrue and be adjudged against him upon such appeal. The bond shall be filed in the office of one of the clerks of the supreme court; and the proceedings shall not be stayed until such bond be filed, and notice thereof given.

12 W., 242; 13 W., 656.

S8. It shall be lawful for the supreme court to make rules for the practice, in cases provided for in this act.

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