CHAP. I. CHAP. 14. AN ACT to compel defendants in the court of chancery to answer in certain cases. PASSED January 30, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows: which de must an S 1. A defendant shall be compelled to answer any bill in Cases in chancery, where by law a bill may now be filed, charging fendant the defendant with being a party to any conveyance or assign- swer. ment of any estate or interest in lands, goods or things in action, or of any rents or profits arising therefrom, or to any charge on any such estate, interest, rents or profits, made or created with intent to defraud prior or subsequent purchasers, or to hinder, delay or defraud creditors or other persons, or where the defendant shall be charged with any fraud whatever, affecting the right or property of others. Answer not $ 2. No such answer shall be read in evidence against any And party thereto on any complaint, or on the trial of any indict- in evidence. ment for the fraud charged in such bill. CHAP. 159. AN ACT relative to the court of errors and the supreme court. PASSED April 17, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows: courts. S1. The governor may, at any time during the vacation of Governor the court for the trial of impeachments and correction of may alter place for errors, or the supreme court, if he shall deem it requisite, by holding reason of war, pestilence, or other public calamity, or the danger thereof, that the next ensuing term or session of any such court shall be held at a different place from that where such term or session is required to be held by law, appoint such different place for the holding of such court or session as he shall deem expedient. And at any time thereafter he may revoke such appointment and appoint a new, or leave such term or session to be held at the place where it would have been held by law. tion to be S2. Every such appointment or revocation shall be by Proclamawriting, under the hand of the governor, and shall be recorded recorded. in the office of the secretary of this state; it shall also be published in such and so many newspapers as the governor shall direct, and the expense of such publication shall be paid out of the treasury. PART IIL Process. Adjournment. Ib. Circuit Judge may appoint a time of holding court when the regular time is omitted. $ 3. Whenever such term or session shall be held at any place so appointed by the governor, all process shall be returned and all persons held to appear at such place, as if such term or session was held at the place where by law the same was to have been held. S4. In case any court shall not be formed at the place so appointed, by five o'clock in the afternoon of the first day of the term or session, the same may be adjourned to the next day by the same officer, and in like manner and with the same effect as provided by law, in case the place of holding such court had not been altered. $ 5. If at any time during any session or term of the aforesaid court, or either of them, it shall be deemed by the said court improper or inexpedient by reason of war, pestilence, or other public calamity, or the danger thereof, that the said term or session should be, continued at the place where the same is then holding, the said court may, by order entered in their minutes, adjourn the session of said court, to be holden at such other times and places as they may direct; and the said adjourned sessions shall be taken as a part and continuance of the said term; and all proceedings in the said court may be continued at said adjourned times and places, and be of the force and effect as if said court had continued its session at the place it was holden before said adjournment. CHAP. 193. AN ACT to authorize the appointment of Circuit Courts. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1. Whenever any circuit court appointed for any county shall have failed after the opening of the court, and before the same shall have been adjourned without day, by reason of the sickness or inability of the circuit judge to continue the court, the circuit judge shall have power to appoint a time and place for holding the said court in said county, which time shall be at a day as early as may be practicable, and shall without delay cause notice of such appointment of such circuit court to be published in the state paper, the expense of which publication shall be paid out of the treasury as in other cases, and causes may be noticed for trial and tried at such circuit in like manner as at a state circuit. CHAP. I. CHAP. 277. AN ACT in relation to proceedings in the Court of Chancery against absent, concealed, or non-resident defendants, unknown owners in partition, and to the foreclosure of mortgages by advertisement. PASSED April 12, 1842. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The one hundred and twenty-second section of the second title of the first chapter of the third part of the Revised Statutes is hereby amended, by adding thereto the following subdivision: 3. When the last known place of residence was within this Besidence. state, but his residence at the time cannot, on due inquiry, be ascertained by the complainant or his solicitor. 9 B., 482. $ 2. The one hundred and twenty-third section of the said title is hereby so amended as to read as follows: The order shall require the defendant to appear and answer Defendant, the bill as follows: 1. If he be a resident of the state within two months from its date. 2. If his last known place of residence was in this state, but his present place of residence cannot on due inquiry be ascertained; or if he be a resident of some other of the United States, or of one of the territories thereof, or of either of the British Provinces in North America, or the Republic of Texas, within three months from its date. 3. If he be a resident of any other state or country not before mentioned, within six months from its date. S3. The one hundred and twenty-fourth section of the said title is hereby so amended as to read as follows: when to appear. inserted in Within twenty days from the date of such order, a notice Notice to bo thereof shall be inserted in the state paper, and in such other newspapers public newspaper printed in this state, as the court shall direct; such publication shall be continued in each of such papers once at least in each week, for three weeks in succession, which notice shall be substantially in the following form: "Before the chancellor," or "Before the vice-chancellor of the circuit," as the case may be, "A. B. vs. C. D. and others." "Bill for foreclosure of mortgage," or "Bill for partition of lands," or, as the case may be, "E. F. of complainant's solicitor." "G. H. one of the defendants in this cause, whose place of residence is in or, whose place of residence is unknown, day of is required to appear in this cause, by the PART IIL Applicable to suits in him." But such publication shall not be necessary, provided a copy of such order shall have been served on such defendant personally, at least twenty days before the time prescribed for the appearance of such defendant. S4. This act shall apply to suits instituted for the partition partition. of lands, as well as to all other suits instituted in the court of chancery, and shall be applicable to unknown owners in partition suits; and so much of section two of the act entitled "An act in relation to the partition of lands," passed April 21, 1831, as requires any different order, or the publication of a different notice, or for a different time than as in this act prescribed, is hereby repealed. $5. The third section of the fifteenth title of the eighth chapter of the third part of the Revised Statutes is hereby amended by striking out the words "twenty-four," and inserting in their place the word "twelve," in each subdivision thereof, so that the said section as amended will read as follows: $ 3. Notice that such mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them shall be given as follows: 1. By publishing the same for twelve weeks successively, at least once in each week, in a newspaper printed in the county where the premises intended to be sold shall be situated, or if such premises shall be situated in two or more counties, in a newspaper printed in either of them. 2. By affixing a copy of such notice, at least twelve weeks prior to the time therein specified for the sale, on the outward door of the building where the county courts are directed to be held, in the county where the premises are situated; or if there be two or more such buildings, then on the outward door of that which shall be nearest the premises. And by delivering a copy of such notice at least twelve weeks prior to the time therein specified for the sale to the clerk of the county in which the mortgaged premises are situated, who shall immediately affix the same in a book prepared and kept by him for that purpose; and who shall also enter in said book, at the bottom of such notice, the time of receiving and affixing the same, duly subscribed by said clerk, and shall index such notice to the name of the mortgagor; for which service the clerk shall be entitled to a fee of twenty-five cents. Thus amended by Laws of 1857, ch. 308. 29 B., 301. $6. The twelfth section of the act entitled "An act to reduce the expense of foreclosing mortgages in the court of chancery," passed May 14, 1840, is hereby repealed. And the eighth section of the fifteenth title of the eighth chapter of the third part of the Revised Statutes is hereby amended, so as to read as follows: S8. Every sale pursuant to a power as aforesaid, and conducted as herein prescribed, hereafter made to a purchaser in good faith, shall be equivalent to a foreclosure and sale under the decree of a court of equity; so far, only, as to be an entire bar of all claim or equity of redemption of the mortgagor, his heirs and representatives, and of all persons claiming under him or them, by virtue of any title subsequent to such mortgage; and also, of any person having a lien by any judgment or decree upon the land, or any part thereof, contained in such mortgage, subsequent to such mortgage, and of every person having any lien or claim by or under such subsequent judgment or decree. As amended by Laws of 1842, ch. 324. CHAP. I. CHAP. 312. AN ACT to amend certain parts of the Revised Statutes in relation to the bringing of appeals and writs of error. PASSED May 7, 1844. The People of the State of New York, represented in Senate and Assembly, do enact as follows: [Section 1 amends § 35 of art. 1, title 3, chap. 9 of the third part of Revised Statutes.] to be re $ 2. In all cases which may hereafter be carried by writ of Costs when error from any court of common pleas to the supreme court, covered. the prevailing party in the supreme court shall recover his costs. Revised S3. The 31st section of the act entitled "An act concern- Repeal of ing costs and fees in courts of law, and for other purposes," Statutes. passed May 14, 1840, is hereby repealed. 9 B., 506. CHAP. 377. AN ACT in relation to the appointment of terms of the supreme and circuit courts and courts of oyer and terminer. PASSED November 17, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows: governor, state and cases. S1. In all cases where the supreme court have or shall Duty of omit to appoint in any county as many general or special secretary of terms of that court or as many terms of the circuit court or comptroller court of oyer and terminer for any year as the law does in certain or shall require to be held in such county in such year, the governor, secretary of state and comptroller shall appoint so many terms of such courts to be held in such county as will make up such deficiency, and shall assign a justice or justices of the supreme court to preside at or hold the same, and it |