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PART IIL

Bill of sale of vessel.

Commis

sion to examine witnesses.

any notice, an affidavit showing such service to have been made by the person making such affidavit, shall be received as presumptive evidence of such service, upon first proving that such person is dead or insane.

CHAP. 251.

AN ACT relative to documentary evidence.

PASSED April 17, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The record of any bill of sale, mortgage, hypothecation or conveyance of any vessel of the United States, duly recorded in the office of the collector of customs where such vessel is registered or enrolled, or a transcript or copy thereof duly certified by said collector, may be read in evidence in any of the courts of this state, and in any judicial proceedings in this state, with the like force and effect as the original bill of sale, mortgage, hypothecation or conveyance.

CHAP. 375.

AN ACT to amend the Revised Statutes in relation to taking the testimony of witnesses out of the state.

PASSED April 19, 1862.

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

$1. Whenever a default shall have been taken for want of any appearance or answer or other pleading in any action, and in any proceeding pending in any court of record, and whenever any issue of fact shall have been joined in any such action or proceeding, and it shall appear on the application of either party that any witness not residing in this state is material in the prosecution or defence of such action or proceeding, the court may, upon such terms as it shall think proper, 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 annexed to such commission; to take and certify the deposition of such witness, and return the same according to the directions given with such commission; but in all cases of default for want of appearance, no notice of such application shall be required to be served on the adverse party.

CHAP. VII.

CHAP. 471.

AN ACT to facilitate the taking of oaths and affirmations and the acknowledgment or proof of written instruments by persons in the military service of this State or the United States, as Volunteers.

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:

administer

oaths,

S1. Any person holding the rank of colonel or any higher who may rank in the New York State volunteers in the service of the oaths, &c. United States, and any commissioned officer in said service, and who is a counsellor of the supreme court of this state, may administer and certify any oath or affirmation which any person may wish to take or make, who is actually in the said volunteer service, whenever such officer or person shall be out of this state.

$2. Any oath or affirmation, specified in the previous sec- Legal effect tion of this act when taken and certified according to this act, thereof. may be read and used in any place or before any court, officer or tribunal in this state for any purpose with like force and effect as if administered, taken, had, made or done before any civil officer in this state.

S3. The persons performing any service under this act shall Fees. be entitled to charge and receive the same fees therefor as if performed in this state by any civil officer in this state, authorized to perform a like service.

act to be

$ 4. The secretary of state of this state shall immediately Copies of after the passage of this act, cause ten copies thereof, attested distributed. by his hand and official seal to be forwarded at the expense of this state to the commandant of each regiment of the New York State volunteers in the service of the United States.

CHAP. 201.

AN ACT to amend the fourteenth section, title second, chapter sixth, part third of the Revised Statutes, relating to the venue in actions against public officers.

PASSED April 18, 1843.

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

where to be

$1. The fourteenth section, title second, chapter sixth, part Actions third of the Revised Statutes is hereby amended by adding laid. thereto the following proviso: "Provided, however, that actions brought by the county or town officers of one county

PART IIL

Venne may be changed

cases.

Peremptory challenge in

in their official capacity, against the county or town officers of another county in their official capacity, shall be laid in some county adjoining the county of the defendants, except the county of the plaintiffs.

$2. The venue in any such action now pending in the county of the defendants, may be changed to any adjoining county except that of the plaintiffs, as provided in first section by either party, upon notice of not less than fourteen days to the other party; and all papers which have been filed in such suit may be taken from the files of the court in which they now are, and filed in the court to which the cause may be removed, and the costs may be taxed and the cause may proceed to final judgment in said court, with the same effect and in the same manner as though the said cause had been originally commenced in the court to which it is so removed.

CHAP. 134.

AN ACT to provide for additional challenges to jurors.
PASSED April 27, 1847.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:

$1. Upon the trials of any issue or issues of fact joined in civil cases, a civil action, each party shall be entitled peremptorily to challenge two of the persons drawn as jurors for such trials.

lb. criminal cases.

Challenges for cause

25 B., 30; 9 B., 161.

S2. Every person arraigned and put on trial for any offense not punishable with death, or with imprisonment in a state prison ten years, or for a longer time, shall be entitled peremptorily to challenge five of the persons drawn as jurors for such trial, and no more; except that in cases tried in any court of special sessions, said right of peremptory challenge shall extend to only two of said persons so drawn.

$ 3. Nothing in this act contained shall be deemed to prenot affected. vent any challenges heretofore allowed, either to the array of jurors or to individual jurors.

Power of county judge.

СНАР. 8.

AN ACT relative to the attendance of Petit Jurors at
County Courts and Courts of Sessions.

PASSED February 2, 1861; three-fifths being present.

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

$1. The county judge, in any of the counties of this state, is hereby authorized, at the time of drawing grand and petit

jurors, to attend any county court or court of sessions, to be held in their respective counties, to designate any day during said term, that he may deem expedient, on which the petit jurors shall be required to attend for trial of issues of fact, and it shall be the duty of the sheriff of the county to summon such petit jurors to attend such court on the day designated by the county judge.

CHAP. VIL

jurors.

S2. The petit juror so summoned shall attend such court, Duty of on the day designated, pursuant to the first section of this act, and shall receive compensation for their attendance from that day only.

CHAP. 210.

AN ACT to amend the Revised Statutes in relation to

trials by jury.

PASSED April 13, 1861; three-fifths being present.

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

city

lists

§ 1. The clerk of every county, in addition to the box by Town or law now provided and kept for the purpose of containing the of jurors. names of jurors drawn to serve at any court, shall provide another box, in which he shall deposit the names of all persons who have been selected and returned as suitable persons to serve as jurors, and who reside in the city or town where courts are appointed by law to be held.

be drawn

box.

$2. Whenever a sufficient number of jurors duly drawn Tales may and summoned, do not appear or cannot be obtained to form from that a jury, the court may order the sheriff to draw, in the presence of the court, from the box so kept by the clerk of the county, and containing the names of persons returned to serve on petit juries, for the city or town where such court is held, the names of so many persons as shall be sufficient and as the court may direct. The court may also by the consent of the parties to any action pending therein, order the sheriff to summon from the bystanders or from the county at large, so many persons qualified to serve as jurors, as shall be necessary to make the full panel of jurors on the trial of such action.

summon

3. The sheriff shall forthwith summons the persons so Sheriff to drawn and make return thereof, in the same manner as now them. provided by law, in cases where persons are summoned as jurors from the bystanders; and the persons so summoned shall attend forthwith and serve as jurors unless excused by the court, and shall be subject to the same penalties for neglect or refusal to attend.

S 4. This act shall not apply to the city and county of New York, nor to the county of Kings.

$ 5. All acts and parts of acts, inconsistent with this act, are hereby repealed.

PART IIL

Certain off

CHAP. 206.

AN ACT to authorize certain officers to administer oaths and affirmations in particular cases.

PASSED April 13, 1854.

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

S1. The officers authorized by the fifth and sixth sections cers of. S. of chapter three, part second, of the Revised Statutes, to take the proof and acknowledgment of deeds conveying real esister oaths. tate, and also any other consul or vice-consul or minister resi

in other countries may admin

Suits how to be

prosecuted.

dent, of the United States, appointed to reside at any foreign port or place, are hereby authorized to administer oaths or affirmations to any person or persons who may desire to make such oath or affirmation; and any affidavit or affirmation made before any such officer, and certified and authenticated as provided in the seventh section of said chapter in respect to the proof and acknowledgment of a deed conveying real estate, may be read in evidence and shall be as good and effectual to all intents and purposes as if taken and certified by an officer authorized to administer oaths, residing in this state, and no other proof of the official character of such officer than the certificate annexed to such affidavit or affirmation shall be required.

CHAPTER VIII.

Special Proceedings.

CHAP. 258.

AN ACT in relation to suits by and against joint stock companies and associations.

PASSED April 7, 1849.

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

$1. Any joint stock company or association, consisting of brought and seven or more shareholders, or associates, may sue and be sued, in the name of the president or treasurer, for the time being, of such joint stock company or association; and all suits and proceedings so prosecuted, by or against such joint stock company or association, and the service of all process or papers in such suits and proceedings on the president or treasurer for the time being, of such joint stock company

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