PART III. Satisfaction of judgment may be entered by County clerk. Superin the poor on sheriff's sales. the original execution had been returned satisfied; but nothing herein contained shall exempt the sheriff from returning the original execution to the clerk of the county in which the judgment was obtained. $2. Satisfaction of such judgment may also be entered by the clerk of any county where the same shall have been docketed, upon producing to and filing with such clerk the certificate of the clerk with whom the copy of the execution and indorsement of satisfaction was filed, as aforesaid, stating that such copy has been filed and such judgment discharged. CHAP. 473. AN ACT to amend article two of title five of chapter six of part three of the Revised Statutes, entitled "Of executions against property." PASSED April 23, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The county superintendents and overseers of the poor tendents of in the several counties of the state, except the county of New may redeem York, shall have the same right to redeem the real estate which may have been seized by them pursuant to the provisions of title one of chapter twenty of part one of the Revised Statutes, as is now possessed by judgment creditors under the said article second of title five of chapter six of part three of the Revised Statutes. When their seizure is confirmed. Redemp tion regu lated. $2. No such redemption shall be made by the said superintendents or overseers, unless at the time of making such redemption the seizure of the real estate sought to be redeemed shall have been confirmed by the court of sessions of the county where such premises may be situated, nor unless such real estate shall at the time of making such redemption, be held by the said superintendents or overseers, under and by virtue of the seizure made by them pursuant to the provisions aforesaid. $ 3. To entitle such superintendents or overseers to acquire the title of the original purchaser, or to be substituted as purchaser from any other creditor, pursuant to the provisions aforesaid, they shall present to and leave with such purchaser or creditor, or the officer who made the sale the following evidence of their right: 1. A copy of the order of the court of sessions, confirming the warrant and seizure of such real estate, duly certified to by the clerk of the said court of sessions. 2. An affidavit by one of such superintendents or overseers that the real estate sought to be redeemed is held by such superintendents or overseers under such warrant and seizure, and that the same have not been discharged, annulled or reversed, but are then in full force. $4. The said superintendents or overseers shall, for the purpose of making such redemption, have power to use any moneys in their hands belonging to the poor funds of their respective towns or counties. $5. The moneys which may be used by them for the purpose aforesaid, shall be repaid, together with interest thereon, at the rate of seven per cent per annum from the time of such redemption, out of the first moneys which may be received by them from the rent or sale of the premises so redeemed. CHAP. VII. rant of be dis $6. If such redemption shall be made and the person against When warwhom the warrant was issued and seizure made, under the seizure may provisions of the said title one of chapter twenty of part one, charged. shall apply to have the said warrant discharged, he shall, before such warrant and seizure shall be discharged, in addition to the security required to be given by section eleven of the said title, pay to such superintendents or overseers the sum so paid by them to redeem the said real estate, together with interest thereon, at the rate of seven per cent per annum from the time of such redemption. CHAPTER VII. Proceedings in Actions. CHAP. 191. AN ACT to amend the act providing for taking depositions to be used in courts in other states. PASSED April 21, 1831. The People of the State of New York, represented in Senate and Assembly, do enact as follows: summon S1. If upon application to any justice of the peace of any Justice may town in this state, it shall satisfactorily appear, upon affidavit witnes or otherwise, to the justice to whom such application is made, that a suit is pending in any court in any other state of the United States, and that any person residing in the town in which such application is made, is a material witness for either party to such suit; and that, according to the practice of the court in which such suit is pending, the deposition of a witness taken before a justice of the peace in this state, will be received on the trial or hearing of such suit, such justice shall issue his summons requiring such witness to appear before him, at a place within the town in which such witness resides, at some reasonable time, to testify in such suit. PART IIL Testimony. Penalty. Pay of witness. How to be read. Charter of the city. S2. The justice before whom such witness shall appear shall take down his testimony in writing, and shall certify and transmit the same to the court before which such suit is pending, in such manner as the practice of the court may require. S3. If any person shall refuse or neglect to appear at the time and place mentioned in the summons issued in accordance with this act; or if, on his appearance, he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offence on the trial of a suit in a justice's court. S 4. Every witness who shall appear and testify in manner aforesaid, shall be entitled to receive from the party at whose instance he shall have been summoned, fifty cents for each day he shall give his attendance. CHAP. 158. AN ACT declaring the mode of proving the Ordinances of the Common Council of the city of New York, and other Records, Documents and Proceedings. PASSED April 17, 1832. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Every act, ordinance, resolution or proceeding of the common council of the city of New York, may be read in evidence in all courts of justice in this state, either, 1. From a copy of such act, ordinance, resolution or proceeding, certified by the clerk of the common council, with the seal of the corporation affixed, or 2. From the volume of ordinances printed by authority of the common council. 1 E. D. S., 398. S2. The charter of the city of New York may be read in evidence from the volume containing such charter printed by authority of the common council, or from a copy certified by the clerk of the common council. 5 N. Y., 444. Affidavit of printer or foreman. CHAP. 159. AN ACT to facilitate the proof of legal notices. PASSED April 25, 1835. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1. The affidavit of the printer, or foreman of such printer of any public newspaper published in this state, of the publi cation of any notice or advertisement, which by any law of this state shall be required to be published in such newspaper, shall be entitled to be read in evidence in all courts of justice in this state, and in all proceedings before any officer, body or board in which it shall be deemed necessary to refer thereto, and shall be prima facie evidence of such publication and of the facts stated therein. CHAP. VII CHAP. 439. AN ACT in relation to the proof of judgments rendered before justices of the peace in other states. PASSED May 24, 1836. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. A transcript of the docket of any justice of the peace Transcripts of any town, city or county in any adjoining state, of any judgment had before him; of the proceedings in the cause before such judgment; of his jurisdiction in said cause; of the execution issued thereon, if any, and of the return of said execution, if any, when subscribed by such justice, and verified in the manner prescribed in the next succeeding section, shall be presumptive evidence to prove the facts stated in such transcript. authenti 6 W., 438; 3 W., 267; 2 J. R., 181, 378; 3 J. Ca., 595; 2 J. Ca., 256. $2. To entitle such transcript to be read in evidence, there How to be shall be attached thereto a certificate of the said justice that cated. the said transcript is in all respects correct, and that he the said justice, had jurisdiction of said cause; and also, a further certificate of the clerk or prothonotary of the county in which said justice resided at the time of rendering said judgment, under the seal of the court of common pleas of said county, specifying that the person subscribing such transcript was, at the date of such judgment, a justice of the peace of said county, and that the signature thereto, is in his own proper handwriting. $ 3. Such judgment and proceedings, and the authority to Ib. render such judgment may also be proved by the justice who rendered such judgment, by producing his docket, or a copy of the said judgment, in court, and appearing and being sworn and examined as a witness, to the truth and correctness thereof, and of his authority to render said judgment. 5 J. R., 129, 351; 7 W., 281. clause. S 4. Nothing in this act contained shall be construed to Saving prevent the introduction of evidence to controvert any and all parts of the proof in relation to the validity of said judgment, so rendered in an adjoining state. PART III. Judgment of discontinuance entered. CHAP. 243. AN ACT to amend articles eight and thirteen, of title four, chapter two, part third of the Revised Statutes, relating to courts held by justices of the peace. PASSED April 18, 1838. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The one hundred and eighteenth section of title four, article eight, chapter two of the third part of the Revised Statutes, is hereby amended so that it shall read as follows: If previous to joining issue in any cause, (except where the defendant shall have been arrested by warrant,) the defendant when to be shall make affidavit that the justice before whom the same is pending, is a material witness for such defendant, without whose testimony he cannot safely proceed to trial, and shall set forth therein the particular facts and circumstances which he expects to prove by the justice, judgment of discontinuance shall be entered, if the justice shall be satisfied that he is a material witness for the defendant, and that without his testimony the defendant cannot safely proceed to trial, and not otherwise, but without costs against either party. 24 W., 264; 3 H., 32; 2 S. S. C., 517. Justice may issue a com examine witnesses in other counties. $ 2. Whenever an issue of fact shall have been joined in mission to any action or suit before a justice of the peace, and it shall appear on the application of either party that any witness not residing within the county where said suit is pending or the county adjoining, is material in the prosecution or defence of such action or suit, the said justice may award a commission to one or more competent persons, authorizing them or any one of them to examine such witness on oath upon the interrogatories settled by the said justice, and certified by his approbation, entered or endorsed thereon, or by the written agreement or assent of the parties annexed to such commission; to take and certify the depositions of such witness, and to return the same, according to the directions given with such commission, in which commission both parties may unite 7 H., 77; 3 H., 497, 500. Notice to be served party. $3. Such commission may be granted at the instance of on adverse either. party by such justice of the peace, at any time, upon proof that due notice of such application for such commission has been served on the adverse party at least six days before the time of making such application; but the issuing of such commission shall not postpone the trial beyond the time now authorized by law. And whenever the defendant shall neglect to appear, or to plead in such action or suit, and the plaintiff witnesses. shall make application for a commission to take the deposi Commis sion to examine |