PART III. Provisions applicable. ceeding rules, orders and decrees in the suit subsequent to the date of the order appointing the guardian shall have the like force and effect in every respect as if such bond had been directed by the court and duly executed and filed by the guardian at the date of his appointment. CHAP. 679. AN ACT to protect purchasers of real estate, at sales in partition of land, owned by several persons. PASSED April 16, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The provisions contained in section one hundred and seventy-three of an act entitled "An act to amend certain sections of the Code of Procedure," passed April sixteen, one thousand eight hundred and fifty-two, are hereby made applicable to the third title, fifth chapter, third part of the Revised Statutes, entitled "Of the partition of lands owned by several persons." Certificate title. CHAP. 261. AN ACT concerning Trespasses on Lands contracted to be sold by the State. PASSED April 25, 1829. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Any person who has obtained or shall hereafter obtain evidence of the certificate of the surveyor-general of having purchased any land of the people of this state, may upon obtaining the consent of the commissioners of the land office, and on such terms as they shall prescribe, bring and maintain actions for any injury done or to be done to such lands after the date of such certificate, in the same manner as he might have done had a patent been granted in lieu of such certificate. Rights of assignee. $2. Any person to whom any such certificate has been or shall be legally assigned, may have the like remedy for any injury done, or to be done after such assignment. CHAP. V CHAP. 573. AN ACT for the more effectual prevention of wanton and malicious mischief. PASSED July 18, 1853. The People of the State of New York, represented in Senate and Assembly, do enact as follows: defined. S1. Any person who shall maliciously or wantonly destroy, Offence injure, or deface any monument, or work of art, building, fence, or other structure, or destroy or injure any ornamental tree, shrub or plant, whether situated on any private ground, or on any street, public place, public or private way, or cemetery, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding one Penalty. hundred and fifty dollars, or by imprisonment not exceeding six months, or both. Every such person shall, moreover, be Personal liable either before or after conviction to an action in favor of any party injured, in which action damages may be recovered to five times the amount of actual damages sustained. CHAP. 396. AN ACT to punish nuisances and malicious trespasses on lands. PASSED April 13, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows: action. ers on $1. Any person who shall hereafter intrude or squat upon Trespass any lot or piece of land situated within the bounds of any lands. incorporated city or village without license or authority from the owner thereof, or who shall place thereon any hut, hovel, shanty or other structure without such license or authority, or who shall place, erect or occupy within the bounds of any street or avenue of such city or village, any hut, hovel, shanty or other structure, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprison- Penalty. ment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. notices. S2. The owner of any lot or piece of land within the bounds Serving of of any incorporated city or village, may give notice to any intruder or squatter who may have heretofore intruded or squatted thereon, or who shall have succeeded to any other intruder or squatter thereon, to quit the same on a day to be specified, which shall not be less than ten days thereafter, which notice may be left upon the premises addressed to the occu PART III. Removal of nuisances. pant or occupants thereof, without specifying their names; and in case such intruder or squatter shall not quit the said premises at or before the expiration of the time specified in such notice, he and they shall be deemed guilty of a misdemeanor, and upon conviction may be punished by fine or imprisonment, or both, in the manner and to the extent provided in the preceding section. $ 3. The owner of said lot or piece of land upon which any hut, hovel, shanty or other structure shall or may have been placed without his previous license or authority, may cause the same to be removed and abated, and the intruders or squatters thereon to be removed from the said lot or piece of land at any time after the expiration of the ten days, or other time specified in the notice in the next preceding section mentioned. Contingent damages. when assessed. Duty of sheriff. CHAPTER VI. Personal Actions. CHAP. 271. AN ACT relative to proceedings in suits commenced by declaration, and for other purposes. PASSED April 29, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $ 1. In actions against two or more persons, where an issue of fact shall be joined with one or more of the defendants, and the default of any other defendant shall have been entered for any cause, on the trial of such issue of fact, contingent damages may be assessed against such defendant in the same manner and with the like effect as if interlocutory judgment had been entered against such defendant. 3 N. Y., 445; 16 B., 183; 10 B., 640; 7 B., 654. $2. When a copy of a declaration shall be delivered to any sheriff to be served as provided by law, it shall be the duty of such sheriff to serve the same with all convenient speed, and to return the same, with his certificate endorsed thereon, of the time and manner of such service, either to the office of the clerk of the court in which such suit may be pending, or to the attorney whose name shall be endorsed on such declaration; and such certificate, signed by such sheriff or his deputy, shall be as effectual to authorize the entry of the defendant's appearance and default for not pleading; or in actions of ejectment, to authorize the entry of a rule to plead, as if the same had been sworn to by such officer. And the return of any declaration delivered to a sheriff, may be enforced by rule and attachment, in the same manner as the return of a capias. CHAP. VI. upon joint S3. Where an action against two or more persons upon Actions any joint obligation, contract or liability, shall be commenced obligation. by the filing and service of a declaration, and it shall appear by the certificate of a sheriff, or by due proof, that the same has been served upon either of such persons, the defendant so served shall answer to the plaintiff, and the judgment in such action, if rendered in favor of the plaintiff, shall be against all the defendants in the same manner as if all had been served with such declaration; which judgment shall have the like effect, and execution thereon shall be issued as if process against such defendants had been served on one of them. 19 W., 120. may be supreme ings. $ 4. Where any case shall be made or reserved, or bill of Cases that exceptions, demurrer to evidence, or special verdict shall be carried to taken on the trial of any cause in any circuit court, the judge court. trying such cause may, in his discretion, direct that such case, bill, demurrer or verdict, shall be carried immediately to the supreme court, without being argued before a circuit judge. S5. For all purposes of entering rules for judgment and Proceedrules for other proceedings in the supreme court, the regular calendar terms of the said court shall be deemed to continue until and including Saturday of the fourth week of every such term; but nothing herein contained shall prevent the justices of the said court from hearing arguments and motions, and rendering judgment at any time after such fourth week; nor shall this act be so construed as to require the said justices actually to continue such term into or during the fourth week, or for a longer period than they are now by law required; nor shall it in any manner alter the existing law in regard to process or the teste and return thereof. mandamus. $6. In suits and proceedings upon writs of mandamus, the Writ of supreme court may, in its discretion, award or refuse costs to any party therein. 1 B., 559. the case. $7. Actions on the case for injuries to personal property, Actions on shall be tried in the county where the venue shall be laid, subject to the power of the court to change the venue, in the same manner as in actions upon contracts. 15 B., 332. law. 8. In all actions at law, the certificate of a notary, under Actions at his hand and seal of office, of the presentment by him of any promissory note or bill of exchange for acceptance or payinent, and of any protest of such bill or note for non-acceptance or non-payment, and of the service of notice thereof on any or all of the parties to such bill of exchange or promissory note, and specifying the mode of giving such notice, and the reputed place of residence of the party to whom the same PART IIL Instru ments how to be proved to read on trials. was given, and the post-office nearest thereto, shall be presumptive evidence of the facts contained in such certificate; but this section shall not apply to any case in which the defendant shall annex to his plea an affidavit denying the fact of having received notice of non-acceptance or of non-payment of such note or bill. 5 D., 333; 4 D., 460; 2 H., 227, 451; 24 W., 234. S9. Every written instrument, except promissory notes and bills of exchange, and except the last wills of deceased persons, may be proved or acknowledged in the manner now provided by law for taking the proof or acknowledgment of conveyances of real estate; and the certificate of the proper officer endorsed thereon, shall entitle such instrument to be received in evidence on the trial of any action with the same effect and in the same manner as if such instrument were a conveyance of real estate. 1 N. Y., 77; 23 B., 558; 17 B., 599. When assignee may sue. CHAP. 197. AN ACT relative to voluntary assignments of choses in action. PASSED May 2, 1835. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The assignee or assignees for a valuable consideration of any bond, note, or other choses in action, which have been or may hereafter be assigned, if the assignor be dead and there be no executors or administrators appointed upon his or their estate, or if such executors or administrators have no interest in the things so assigned, or shall refuse to prosecute for the same, may sue and recover, in his, her or their own name or names, upon such bonds, notes and choses in action; and the defendant in all such suits, until due notice of such assignment shall have been given, may set up and avail himself of any defense he may have in any such action, in the same manner and with the like effect as if the assignor had been living, and the action had been prosecuted in his name. 16 B., 291; 7 B., 655; 6 B., 549; 5 D., 333. |