PART III. Books of account, &c. to be delivered to certain county clerks. Supreme court may fers to be made. of supervisors may require such treasurer to increase the amount of his bail. And it shall be the duty of said board of supervisors to examine into the situation of the securities and money in the hands of such treasurers and to ascertain whether such moneys are safely and securely kept, deposited or invested, and such securities adequate and safe. $ 7. The clerk of the court of appeals shall deliver to the county clerk of the county of Dutchess all the original books of account, bank books and other vouchers, and other papers containing entries in relation to the moneys and securities which he received from the former clerk of the second judicial district; in the like manner he shall deliver to the clerk of Albany county all such books of accounts and bank books received by him from the register in chancery and the clerk of the third district; to the clerk of the county of Saratoga, all such books received from the clerk in chancery of the fourth district; to the clerk of Oneida county, all such books received by him from the clerk of the fifth district; to the county clerk of Chenango county, all such books received from the clerk of the sixth district; to the clerk of Cayuga county, all such books received from the clerk of the seventh district; and to the clerk of Monroe county, all such books received from the clerk of the eighth district. S 8. The supreme court shall have power to order any bond, order trans- mortgage, stocks, securities or moneys in the possession or under the control of any county treasurer, to be transferred and delivered to any general or special guardian or committee, upon the giving of such real or personal security by such guardian or committee for the faithful execution of their trust as shall be satisfactory to said court; and said court shall also have power to order any bond, mortgage or other securities hereafter taken, to be taken by and in the name of any guardian, committee or other trustee, to be collected and invested as such court shall by special order or general rule direct. Such guardian or committee shall annually file a report in the county clerk's office in the county in which the property is situated. Expenses to be paid. Amount to be paid 9. Such expenses as shall be incurred by the clerk of the court of appeals for extra clerk hire, not exceeding the compensation of one extra clerk, or otherwise, in the execution of this act, shall be credited and allowed by the comptroller, and paid out of any funds applicable to such purpose. S 10. The sum of thirty-five thousand one hundred and into state eighty-one dollars and fifty cents, now in the hands of the clerk of the court of appeals shall be paid into the state treasury. treasury. Interest S 11. This act shall not prevent the payment of interest by how paid. the clerk of the court of appeals to such persons as may be entitled thereto, till such time as the funds and securities herein mentioned are distributed as herein provided. $ 12. All the provisions of the act entitled "An act in relation to the judiciary," passed May 12, 1847, inconsistent with the provisions of this act are hereby repealed. СНАР. 357. AN ACT providing for compensation to the County Treasurers of this State, for services rendered by them under the act of April 12, 1848, relating to funds and securities in possession of the Clerk of the Court of Appeals. PASSED April 11, 1849; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAP. III. Repeal. to treasu S 1. The several county treasurers in this state shall be enti- Allowance tled to receive for the services rendered by them in regard to rers. the securities and moneys received and held by them respectively under the provisions of the act entitled "An act in respect to the funds and securities in possession of the clerk of the court of appeals," passed April 12, 1848, in lieu of the compensation provided by said act, a commission of one-half of one per cent. on every dollar which they shall receive, and one-half of one per cent. on every dollar which they shall pay ont, of the moneys so received and held by them by virtue of said act. CHAP. 128. AN ACT to provide for the speedy disposition of certain suits. PASSED April 1, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Every issue of fact joined or hereafter to be joined in any action brought by the attorney general of this state, pursuant to the joint resolution of the senate and assembly of the tenth day of April, one thousand eight hundred and fortyeight, or proceedings in the nature of a quo warranto, shall have a preference at the court at which it shall be noticed for trial, over all other causes; and every case made, special verdict rendered, and bill of exceptions taken on such trial, and every issue of law joined on the pleadings in such suit or proceedings, and every appeal from any judgment rendered in any such suit or proceedings, shall have a preference in the argument thereof, in any court where the same may be pending. Suits by general to dence." attorney have prece PART III. Reporter not to have copyright of judicial decisions. Copyright of notes and references vested in secretary of state. Process how to be served. CHAP. 245. AN ACT to amend the "Act to provide for the publica- The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. The third section of the "act to provide for the publication of the reports of the court of appeals," passed April 11, 1848, is hereby amended to read as follows: $ 3. It shall not be lawful for the reporter or any other person within this state to secure or obtain any copyright for said reports of the judicial decisions of the court of appeals, but the same may be published by any person. $ 2. The copyright of any notes or reference made by the state reporter to any of said reports shall be vested in the secretary of state for the benefit of the people of this state. CHAP. 511. AN ACT to facilitate the service of process in certain cases. PASSED June 30, 1853. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. Whenever it shall satisfactorily appeår, to any court, or any judge of the supreme court, or any county judge, by the return or affidavit of any sheriff, deputy sheriff, or constable authorized to serve or execute any process or paper for the commencement, or in the prosecution, of any action or proceeding, that proper and diligent effort has been made to serve any such process or paper on any defendant in any such action, residing in this state, and that such defendant cannot be found, or if found, avoids or evades such service, so that the same cannot be made personally, by such proper diligence and effort, such court or judge, may, by order, direct the service of any summons, subpoena, order, notice or other process or paper to be made by leaving a copy thereof at the residence of the person to be served, with some person of proper age, if admittance can be obtained, and such proper person found, who will receive the same, and if admittance cannot be obtained, or any such proper person found, who will receive the same, by affixing the same to the outer or other door of said residence, and by putting another copy thereof, properly folded or enveloped, and directed to the person to be served, at his place of residence, into the post office in the town or city where such defendant resides, and paying the postage thereon. On filing with the clerk of the county where such defendant resides, or the county in which the complaint in any such action is by law to be filed, an affidavit showing service according to such order, such summons, subpoena, order, notice, or other process or paper, shall be deemed served, and the same proceedings may be taken thereon as if the same had been served by delivery to such defendant personally or otherwise, as by law now required; but the court may, upon any application by them deemed reasonable, at any time, permit any defendant to appear and defend, or have such other relief, in any action or proceeding founded on any such service, as the nature of the case may require. 16 N. Y., 244; 32 B., 649. CHAP. 648. AN ACT in relation to surrogates' courts held by county judges and other officers. PASSED July 21, 1853. The People of the State of New York, represented in Senate and Assembly, do enact as follows: officer. $1. In those counties in which the county judge is also Title of surrogate, he may be named and designated simply as surrogate, without any addition referring to his office as county judge; and in those counties where the surrogate is a distinct officer, the county judge or other officer, when acting as surrogate, shall be designated by his official title, with the addition of the words, "and acting surrogate." CHAP. 202. AN ACT to extend the provisions of the Code of Procedure to forfeited recognizances. PASSED April 9, 1855. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. All the provisions of the Code of Procedure are hereby Code exapplied to all recognizances forfeited in any court of general tended. session of the peace, or of oyer and terminer, in any of the counties of this state. $2. All laws or parts of laws, or provisions of statutes, in Repeal. anywise conflicting with such application of the provisions of the Code of Procedure to the said forfeited recognizances, are hereby repealed. ᏢᎪᎡᎢ III. Costs. Prohibited from practicing. Preference the people. $3. In no case whatsoever, upon proceedings upon forfeited recognizances, shall any fees or costs whatsoever be chargeable to the mayor, commonalty, aldermen, or supervisors of the city and county of New York, by the officer prosecuting the same. CHAP. 567. AN ACT to prohibit clerks of the courts in this state from practising as attorneys and counsel in their respective courts. PASSED April 15, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. No clerk or deputy clerk of any court in this state shall be permitted to practice as attorney or counsel in any court of which he shall be such clerk or deputy clerk. CHAP. 37. AN ACT to facilitate the progress of civil actions, in which the people of the state are parties. PASSED March 20, 1858. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Any civil action or proceeding in which the people of to cases of this state are a party, and when the attorney-general shall be the attorney on record, shall have a preference in all the courts of this state, and may be moved, on the part of the people, out of its order on the calendar; but such preference shall not be had, unless the attorney for the state shall give notice, at the time of service of notice of trial or argument of the day on which he shall move the trial or hearing of the action; and in case the same shall not be moved by the attorney for the state on such day, the defendant shall have the right to move the trial or argument of the action, and the trial or argument shall not be moved out of its order on any other day than the day specified in such notice, unless the court shall otherwise direct. Appeals in suits of the people. § 2. An appeal may be brought by the people of this state or any state officer or board of state officers, from any judgment or order against them in any court, without any undertaking or security whatever, and such appeals now pending, or that shall hereafter be brought shall operate as a stay of proceedings on the judgment or order appealed from. As amended by Laws of 1861, ch. 288. |