CHAP. III. said courts. $2. The rules and practice adopted, and to be from time to Rules to be time adopted or modified by the supreme court under the Re-adopted by vised Statutes, referred to in the first section of this act, shall be the practice to be adopted by the other courts to which that law is extended, except as the same may be modified by the rules of said courts respectively, as to the length of any notice, or the time in which any act is to be done. [Section 3 obsolete.] CHAP. 56. AN ACT respecting suits and legal proceedings by or against banking associations. PASSED March 16, 1841. The People of the State of New York, represented in Senate and Assembly, do enact as follows: commenced tion. S1. Actions instituted against any association established Actions or to be established under the provisions of the "Act to may be authorize the business of banking," passed April 18, 1838, or by declaraof any act amending the same, may be commenced by declaration, and copies of such declaration may be served on the president or cashier of such association, and in their absence on any director at the usual place of business thereof, or in such other manner as the court in which such action is brought may direct. But all such actions shall nevertheless be commenced only against the persons and in the manner prescribed or permitted by the acts above mentioned. how to be and prose or share $2. Any person who shall be or shall have been an asso- Actions ciate or shareholder of any such association, may in respect commenced of any demand which he may have, either solely or jointly ented by with any other person, against such association, commence associates and prosecute, either solely or jointly (as the case may be), holders. any action, suit or other proceeding in law and equity against the president of such association; and any president of such association may commence and prosecute any action, suit or other proceeding in law or equity, against any person who may be or who may have been an associate or shareholder of such association, either alone or jointly with any other person, against whom such association may have any demand whatever. All such suits or proceedings by or against such president, shall be conducted and have the same legal effect as if such associate or shareholder had never been a member of such association. Nor shall any action or suit be in any way affected by reason of the plaintiff's or defendant's or any other person who may be in any way interested in such action, being or having been a shareholder or associate of such association. Nor shall it be necessary in any process, pleading or proceeding in behalf of or against any such association, to name the individuals composing the same. PART IIL Interest in stock or dividends not to be set off against such demands. Receivers may take and hold $3. No claim or demand which any associate or shareholder may have in respect to his share or interest in the capital or joint stock of any such association, or of any dividends, interest or profit thereon, shall be capable of being set off either at law or in equity against any demand which such association may have against any associate or shareholder thereof. But all other demands may be set off in the same manner as in suits between individuals; and in any suit against the president of any such association, as president thereof, he may set off demands belonging to it, in the same manner and with the same effect as if such association was the nominal party in the cause. CHAP. 112. AN ACT in relation to the powers of receivers and committees of lunatics and habitual drunkards. PASSED April 28, 1845. The People of the State of New York. represented in Senate and Assembly, do enact as follows: $1. Any receiver appointed by virtue of an order or decree of the court of chancery, may take and hold real estate upon real estate. such trusts and for such purposes as the court may direct, subject to the further order or direction of the court from time to time in relation to the disposition of such real estate. Powers of receivers and com lunatics and 9 N. Y., 147; 29 B., 70; 28 B., 36, 38; 16 B., 296, 303; 14 B., 190; 1 B. Ch., 592. S2. Receivers and committees of lunatics and habitual drunkards, appointed by any order or decree of the court of mittees of chancery, may sue in their own names, for any debt, claim or drunkards. demand transferred to them, or to the possession and control of which they are entitled as such receiver or committee; and when ordered or authorized to sell such demands, the purchaser thereof may sue and recover therefor, in his own name, but shall give security for costs to the defendant as the court in which such suit is brought may direct. Reference CHAP. 163. AN ACT to authorize the reference of certain actions at law. PASSED May 9, 1845. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. Whenever any personal action other than those now when to be by law authorized to be referred shall be at issue in any court of record, such court may, by the consent of all parties, order made. the same to be referred to such referee or referees as shall be agreed upon by the parties. 16 B., 576; 2 B., 105; 3 D., 380. CHAP. III. referees. S2. Such referees shall possess the powers and be subject Powers of to the provisions of article four, title six, chapter six, of the third part of the Revised Statutes. CHAP. 231. AN ACT relating to bail in the court of chancery, and for other purposes. PASSED May 13, 1845. The People of the State of New York, represented in Senate and Assembly, do enact as follows: surrender § 1. Whenever a bail bond shall have been taken on the Bail may arrest of any party to any suit or proceeding in the court of principal. chancery, the bail or sureties therein may surrender their principal, or he may surrender himself, in exoneration of his bail, in the manner hereinafter provided. effected. $ 2. To effect such surrender, two copies of such bond, How to be proved by the affidavits of the officer to whom the same was given, or certified by the officer with whom the same shall have been filed, to be true copies, shall be produced before the chancellor or vice-chancellor before whom such suit or proceeding is pending, and an order of commitment shall be made by such officer before whom said copies are produced, on one of such copies, and be delivered to the officer who originally arrested the party, whose duty it shall be to receive such party and hold him in his custody, in virtue of the original process against him and his arrest thereon, and to obey the exigency of such process, in the same manner as if such bail bond had not been given; and the other of such copies shall be filed with the order for the discharge of the bail, with the officer who issued the process, in virtue of which such party was arrested; and such order when filed, together with an acknowledgment of the receipt of the person by the proper officer, shall operate as a discharge of the said bail or sureties from all further liability. But if a suit has been commenced against such bail, the said suit shall be discharged on such terms or conditions as shall be deemed just by the court in which said suit is pending, on application to such court for that purpose and not otherwise. in case of and surren $ 3. If the arrest of the party was made on a writ of ne Provision exeat, and the surrender was upon a bond given on such arrest on arrest, the sheriff, unless restrained by an order of the chan- the ne exeat cellor or vice-chancellor, may by virtue of the said writ, and der on bond the arrest made thereon, release the said party from his custody, on his executing to the officer a new bail bond with PART ILL Provision in case of imprison ment. satisfactory sureties, with the like penalty and condition as before; and if the arrest of the party was by virtue of any other process, the party shall not again be discharged from the custody of the sheriff on bail, except by the order or permission of the chancellor or vice-chancellor. When new bail shall be given, and the party discharged from custody on such bail, the bond shall be of the same form and effect, and the liability of the officer shall be the same as upon an original arrest. $ 4. Whenever a bail bond shall have been taken on an subsequent arrest of any party to a suit or proceeding, either in a suit at law or in equity, and such party shall be subsequently imprisoned, either in this state, or in any other state or territory of the United States, or in Canada, or elsewhere on a criminal charge, the court in which such suit or proceeding is pending shall have power, upon due notice to the opposite party, to make such reasonable order for the relief of such bail as they may see fit to grant. Restriction on partner attorney. CHAP. 120. AN ACT in relation to district attorneys and to prevent their law partners from acting as counsel in certain cases. PASSED April 30, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. No attorney, solicitor or counsellor shall directly or of district indirectly advise in relation to or aid or take any part whatever in the defence of any cause, matter, suit or proceeding which shall be brought, carried on, aided, advocated or prosecuted in any court of civil or criminal jurisdiction, by any person as district attorney, or other public prosecutor with whom he shall be interested or connected, either directly or indirectly, as a partner in the same or any other court; or take or receive, directly or indirectly, of or from any defendant therein, any fee, gratuity or reward, for or upon any cause, consideration, pretence, understanding or agreement whatever, either express or implied, having relation thereto, or to the prosecution or defence thereof. Restriction as to attor tors or counsellors who acted as district attorneys. $2. No attorney, solicitor or counsellor, who shall have neys, solici- brought, carried on, aided, advocated or prosecuted, or shall have been in any wise connected with any cause, matter, suit or proceeding in any court, as district attorney, or other public prosecutor, shall at any time thereafter, directly or indirectly advise in relation to, or aid or take any part whatever in the defence thereof, or take or receive, either directly or indirectly, of or from any defendant therein, or other person, any fee, gratuity or reward, for or upon any cause, consideration, pre tence, understanding or agreement whatever, either express or implied, having relation thereto, or to the prosecution or defence thereof. CHAP. III. S3. Every attorney, solicitor or counsellor who shall violate Penalty. either of the two preceding sections, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by fine or imprisonment, or both, at the discretion of the court; and he shall be removed from office in the several courts in which he is licensed. clause. S 4. This act shall not be construed to prohibit any attor- Saving ney, solicitor or counsellor from defending himself in person, if prosecuted, either civilly or criminally. CHAP. 277. AN ACT to provide for the payment of certain expenses of government, to fix the salaries of certain judicial and other officers and for other purposes. PASSED May 12, 1847; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: [The following sections of the Supply Bill alone belong here.] $ 4. Any separate officer elected to perform the duties of Surrogates the office of surrogate, shall receive an annual salary, which shall be fixed by the board of supervisors, and paid at the close of each quarter by the county in which he shall be elected, and such salary shall not be increased or diminished during his continuance in office. charging duties of surrogate. $5. All local officers elected in any county of this state, to omcer disdischarge the duties of county judge and surrogate, and exer- chrif cise such other powers in special cases as may be provided judge and by law, shall, for their services respectively, be paid by the county in which they shall be elected, such reasonable compensation as the board of supervisors of such county may deem proper to allow. all fees. $ 11. Whenever any public officer is or shall be required by omcers to law to keep an account of, or pay over to any county trea- account for surer or to the state treasurer the fees of his office, such fees shall be deemed to include all fees which such officer shall be entitled to receive for any act or duty done by him in his official capacity, whether such act or duty pertains to his office or the business thereof or not. appeals to $ 12. The clerk of the court of appeals shall appoint some clerk of proper person to be his deputy, by writing under his hand court of and seal, to be filed in his office; and every person so ap- appoint a pointed deputy shall take and subscribe the constitutional oath of office; whenever said clerk is absent or shall be sick or incapable of performing the duties of his office, and whenever his office shall be vacant, his deputy so appointed, may |