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PART III.

Power to issue subpœnas.

Fees allowed.

relating to courts held by justices of the peace," passed April 18, 1838, the plaintiff shall be allowed the same time and privileges of adjournment to which the defendant is now entitled by law.

25 B., 274; 7 B., 631; 7 H., 77; 3 H., 499.

$ 2. When the commission is executed in this state, the commissioners shall have the same power to issue subpoenas, swear witnesses and compel their attendance as justices of the peace have.

$3. In case of commission for either party, the following fees and disbursements shall be allowed by the justice, in addition to the costs now allowed by law, although the whole may exceed five dollars, viz.:

To the justice for every order for a commission to examine witnesses, attending, settling and certifying interrogatories to be annexed to a commission, fifty cents.

To one or more commissioners for taking and returning testimony in the whole, one dollar.

For every subpoena or oath, six cents.

For serving subpoenas and attendance of witnesses before such commissioners, the same fees as are now allowed by law in justices' courts.

For postage for sending and returning commission with testimony, not to exceed one dollar.

CHAP. 141.

AN ACT concerning justices' courts.

PASSED April 27, 1841.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Transcript

of

given in certain cases.

§ 1. Whenever a judgment shall be rendered by a justice ments to be of the peace, on default and in the absence of the party against whom the same is rendered, it shall be the duty of such justice, on the demand of any person interested therein, to give to such person a transcript of such judgment, together with a copy of the process, pleadings and proofs in the cause, when such pleadings and proofs are reduced to writing, or the substance thereof when not reduced to writing, or such parts of such process, pleadings and proofs as may be required, on his being paid therefor twenty-five cents for such transcript and six cents a folio for the residue thereof.

CHAP. 321.

AN ACT concerning suits on attachment bonds.
PASSED May 26, 1841.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

respecting

certain cases.

S 1. In all cases when a suit shall be presented in any court Provision of record upon any bond, taken in pursuance of the pro- costs in visions of the several statutes authorizing the issuing of attachments by justices of the peace, if the plaintiff shall recover therein, but his damages shall be assessed at a sum less than fifty dollars, he shall not recover costs, but shall pay costs to the defendant.

CHAP. 242.

AN ACT to allow transcripts of Justices' judgments to be transferred from one county to another, and when so transferred to be a lien on real estate.

CHAP. IL

breach of

$ 2. An action of covenant may be prosecuted for the breach of the condition of any bond mentioned in the first covenant. section of this act, before any justice of the peace and judgment rendered therein, as in other cases, for any sum not exceeding the penalty of such bond.

PASSED May 13, 1845.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

counties.

$1. Whenever a party to a judgment rendered before a Copies of justice of the peace, shall file a transcript thereof in the cases may be led now provided by law, with the clerk of the county where such inter justice resides, to make such judgment a lien on any real estate of the person or persons against whom such judgment was rendered, the party obtaining such judgment may take a transcript of the docket of such judgment as entered in the office of such county clerk, duly certified under his seal of office, and may file the same in the office of the clerk of any. other county, and such judgment shall thereby become a lien on any real estate of the party against whom such judgment was rendered, in any county where the same may be filed.

14 N. Y., 16; 4 B., 442; 9 B., 378; 8 A. B., 435.

county

S2. Any clerk of any county receiving such transcript and Duty of certificate, shall enter and docket the same as a judgment in clerk. courts of record, and on the request of the party in whose favor the said judgment may be, shall issue execution as now provided in cases of judgments filed and docketed from a justice of the same county.

PART IIL

Restriction on tavern keepers.

Power extended.

Renewal.

CHAP. 140.

AN ACT in relation to the jurisdiction of the justices

court.

PASSED May 8, 1846.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S1. No justice of the peace being an inn-holder or tavernkeeper in fact, shall have any power or jurisdiction under the provisions of title four, of the second chapter of the third part of the Revised Statutes: but if a judgment shall have been actually rendered before a justice before he became so disqualified, he may issue execution thereupon, as in other cases. 7 B., 337; 4 D., 165; 7 H., 77; 13 J. R., 218; 8 J. R., 409; 2 Cai. R., 108.

CHAP. 276.

AN ACT extending the powers of a justice of the peace, as to issuing executions after the term of his office has expired.

PASSED May 13, 1846.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. Any justice before whom any judgment shall have been entered, and whose term of office shall have expired, may issue or renew executions on any such judgment, after the expiration of his said office, at any time within two years from the time said judgment shall have been rendered, subject however, in other respects, to the provisions as to issuing executions on justice's judgments.

11 N. Y., 284; 4 W., 512.

CHAP. 512.

AN ACT authorising Justices of the Peace to renew exe-
cutions.
PASSED April 15, 1857.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. If any execution, issued by a justice of the peace upon a judgment rendered by him, be not satisfied, it may from time to time be renewed by said justice, by an endorsement thereon to that effect, signed by him, and dated when the same shall be made. If any part of such execution has been

satisfied, the endorsement of renewal shall express the sum due on the execution. Every such endorsement shall be deemed to renew the execution in full force, in all respects for sixty days from the date thereof.

6 W., 663; 12 W., 145; 2 H., 329; 11 N. Y., 281.

$ 2. All laws inconsistent with this act are hereby repealed.

CHAPTER III.

General Provisions as to Courts.

CHAP. 499.

AN ACT concerning the reference of causes.
PASSED May 25, 1836.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

appointed.

$1. In any cause which may be referred to referees, it shall One may be be the duty of the court or judge ordering the reference, with the consent of parties, to appoint such one person as sole referee therein, as may be agreed on by said parties.

CHAP. 129.

AN ACT to provide for the better security of certain public records.

§ 2. Such referee shall possess the powers and be subject to His powers. the provisions of article four, title three, chapter six of the third part of the Revised Statutes.

16 B., 578.

PASSED March 29, 1838. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAP. IIL

$1. No record of conveyance of real estate, or other record, whereof a transcript duly certified may by law be read in evidence, shall be removed by virtue of any subpoena duces tecum from the proper office in which such record shall be kept; and no such record shall at any time be removed from such office, except when temporarily removed by the clerk having such record in custody to the courts of which he is clerk, and to courts held in the city or village where the office of such clerk is situated, unless by order of some court of record, made in open court and entered in the minutes thereof, which order shall specify that the production of such record instead of such transcript is necessary.

to be

Records not moved by subpoena.

virtue of a

PART III.

Restriction.

Ex-officio judges.

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CHAP. 303.

AN ACT in relation to the powers and duties of certain judges.

PASSED May 1, 1839.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

No judge shall directly or indirectly, take any part in the decision of any cause or question, which shall be brought or defended in the court of which he is a judge, by any person acting as an attorney or counsellor with whom he shall be interested or connected as a partner in any other court.

As amended by Laws of 1841, ch. 272.

CHAP. 346.

AN ACT to amend title first of chapter third of part third of the Revised Statutes.

PASSED May 6, 1839.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S1. Section fifth of title first of chapter third of part third of the Revised Statutes, shall not apply to an ex-officio judge of any court in this state, when such ex-officio judge does not officiate as a judge of such court in the trial of causes or take part in the decision of causes; such ex-officio judge shall not directly or indirectly be interested in the costs of any suit, that shall be brought in the court of which he is such' exofficio judge.

CHAP. 38.

AN ACT to enlarge the powers of certain courts of record and judges of such courts.

PASSED February 23, 1841. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Powers granted to certain courts to

$1. The superior court of the city of New York, and every court of common pleas, recorder's or mayor's court in this Compel the state, shall possess and exercise in all cases pending before production such courts respectively, the same powers as are conferred by

of books

and papers. the Revised Statutes upon the supreme court to compel the

discovery and production of books, papers and documents in causes pending before such court.

11 N. Y., 580.

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