CHAP. IX. boarder, for the amount which may be due for board by such detain bagboarder, to the same extent and in the same manner as inn- gage for keepers have such lien and such right of detention. $2. This act shall not affect the law in regard to keepers of emigrant boarding houses. CHAPTER IX. Other Remedies. CHAP. 240. AN ACT in relation to writs of habeas corpus and certiorari. PASSED April 22, 1837. The People of the State of New York, represented in Senate and Assembly, do enact as follows: money due for board. to be made cases. $1. When application shall be made to the supreme court, Writs how to the chancellor, or to any one of the justices of the supreme returnable court for a writ of habeas corpus or certiorari, pursuant to the in certain second article of title one, chapter nine of the third part of the Revised Statutes, in cases where the prisoner is confined in a county other than where such court shall then be held or officer reside, such court may in its discretion and such officer may in his discretion make such writ returnable before some other officer authorized to issue such writ in the county where the prisoner may be confined. district S2. The notice required by the 47th section of said title, Notice to shall be given to the district attorney of the county in which attorney the person prosecuting the writ shall be detained, and no notice to any other district attorney shall be necessary. 5 H., 164. CHAP. 270. AN ACT in relation to special proceedings. PASSED April 15, 1854. The People of the State of New York, represented in Senate and Assembly, do enact as follows: may be term. § 1. An appeal may be taken to the general term of the Appeals supreme court or the superior court or court of common pleas taken to of the city of New York, from any judgment, order or final general determination made at a special term of either of said courts in any special proceeding therein; such an appeal, however, shall not stay the proceedings unless the court, or a judge PART III. Under the code. Costs thereon. thereof, so order, which order may be upon such terms, as to security or otherwise, as may be just; such security not to exceed the amount required on an appeal to the court of appeals. 12 N. Y., 406; 26 B., 176; 19 B., 657; 14 How. P. R., 511; 12 How. P. R., 97; 10 How. P. R., 168; 5 Ab., 272; 2 Ab., 368. $2. Sections three hundred and twenty-seven, three hundred and twenty-nine, three hundred and thirty, and three hundred and thirty-two of the Code of Procedure shall apply to appeals in special proceedings. $3. In special proceedings, and on appeals therefrom, costs may be allowed in the discretion of the court, and when allowed shall be at the rate allowed for similar services in civil actions; and all appeals heretofore had or taken, and undetermined in special proceedings, shall be as valid and effectual as though had or taken under the provisions of this act. Appeals valid. Claims to be presented to CHAP. 262. AN ACT to relieve municipal corporations from giving security on appeal, and to relieve them from payment of costs in certain cases. PASSED April 12, 1859. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. All appeals by municipal corporations from the judgment or decree of any court of this state, shall be valid to stay proceedings on such judgment or decree, without security or undertaking being given, unless the court in which such judgment or decree is rendered shall otherwise direct; and in such case an undertaking executed in their official capacity, by either the mayor, comptroller or counsel to the corporation, in the name and on behalf of said corporation, shall be valid for purpose of such appeal, and shall bind said corporation to the performance of the conditions of said undertaking. $ 2. No costs, fees, disbursements or allowance shall be recovered or inserted in any judgment against municipal corchief fiscal porations, unless the claim upon which such judgment is founded shall have been presented for payment to the chief recovered. fiscal officer of said corporation, before the commencement of an action thereon. officer, before they can be CHAP. X. CHAP. 174. AN ACT in relation to proceedings upon mandamus. The People of the State of New York, represented in Senate and Assembly, do enact as follows: court of certain $1. The court of appeals shall have power and it shall be Duty of its duty, to hear and determine all cases now pending in said appeals in court, upon writs of error heretofore brought, to review the cases. determination of the supreme court in awarding or refusing to award a peremptory mandamus, in the same manner as if such cases had been brought into said court of appeals by appeal under the provisions of the Code of Procedure. amend pro $2. The court of appeals shall have power to allow any Parties may party to any proceedings upon mandamus, heretofore brought ceedings. into said court by writ of error, to amend his proceedings so as to make them conform to proceedings on appeal, upon such terms as shall be just, in the same manner as defective proceedings on appeal may, by existing laws, be amended; and thereafter the said court may proceed and render judgment in said cases in the same manner and with like effect as if an appeal had originally been brought to renew said determination. $3. The provisions of the Code of Procedure in relation to Provisions appeals to the court of appeals, shall apply to all judgments Procedure in proceedings upon mandamus, hereafter rendered. 20 N. Y., 530. to apply. CHAPTER X. Fees and Costs. CHAP. 476. AN ACT to restrict and equalize certain fees of notaries public. PASSED May 16, 1837. The People of the State of New York, represented in Senate and Assembly, do enact as follows: notaries. 1. It shall not be lawful for any notary public, di- Fees of rectly or indirectly, to demand or receive for the protest for non-payment of any note, or for the non-acceptance or nonpayment of any bill of exchange, check or draft, and giving the requisite notices and certificates of such protest, including his notarial seal, if affixed thereto, any greater fee PART III. Fees in courts of record. Counsellors or reward than seventy-five cents, and the sum necessarily paid for the prepayment of the postage upon such notices; which may be demanded and received by the notary giving such notices, in the same manner as the fees of a notary public; and it shall be the duty of such notary to affix his seal to such protest free of expense, except as above, whenever he shall be requested so to do; and he shall also give a certificate under his seal, free of expense, except as aforesaid, under the provisions of the eighth section of the act entitled "An act relative to proceedings in suits commenced by declaration, and for other purposes," passed April 29, 1833, As amended by Laws of 1855, ch. 145. $ 2. So much of the act, entitled "An act to amend the act, entitled 'An act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes,"" passed May 11, 1835, as restricts the fees of certain notaries public therein mentioned, is hereby repealed. CHAP. 386. AN ACT concerning costs and fees in courts of law and for other purposes. PASSED May 14, 1840. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. For the following services hereafter done or performed in any court of law in this state, being a court of record, the following fees shall be allowed: $2. Fees of Counsellors: Retaining fees, five dollars; but not to be allowed in any action unless an issue of law or fact shall have been joined therein. Perusing and amending interrogatories, every case, bill of exceptions, demurrer to evidence, special verdict, papers to set aside report of referees upon the merits or special pleading, except declarations on bills of exchange, promissory notes, bonds for the payment of money only, and on judgments, two dollars. Arguing every special non-enumerated motion, if opposed, five dollars; if not opposed, two dollars. For the trial of a cause before a jury or before referees, arguing a demurrer, special verdict, bill of exceptions, case, demurrer to evidence, any enumerated motion, or any matter brought by writ of error, certiorari, or habeas corpus or a return to a mandamus or prohibition, five dollars; attending prepared for such trial or argument, pursuant to notice, three dollars. S3. Fees of Attorneys: Retaining fee, three dollars; but no retaining fee shall be allowed to the plaintiff's attorney in any suit upon any bond taken on the arrest of a defendant, nor to a defendant's attorney upon confessing a judgment without suit. Drawing and engrossing every writ of capias ad respondendum, writ of execution for debt, damages or costs recovered, or writ of subpoena, one dollar; and for every necessary copy of such subpoena, twenty-five cents; but only one subpoena, except a subpoena duces tecum shall be allowed for any one circuit or term. Drawing and engrossing every writ of possession of lands one dollar and fifty cents. Drawing and engrossing every writ of execution in replevin requiring the delivery or return of property, one dollar and fifty cents. Drawing and engrossing every attachment or precept for non-performance of any rule or order of court, one dollar. For every subpoena ticket actually delivered to a witness, twenty-five cents. Drawing and engrossing every writ of certiorari, every writ of error, procedendo or prohibition, one dollar and fifty cents. Drawing and engrossing every writ of mandamus, three dollars; and for every copy to serve, one dollar and fifty cents. Drawing and engrossing every other writ, process or precept not otherwise provided for in this act, one dollar; and for every copy thereof to serve when necessary, fifty cents. Drawing every declaration including a copy of any written instrument, oyer of deed or bill of particulars, two dollars and fifty cents; and for every necessary copy thereof, one dollar and twenty-five cents. Drawing every plea including notice of matter to be given in evidence, avowry, cognizance or other answer to a previous pleading, one dollar and fifty cents; and for every necessary copy thereof, seventy-five cents; but no additional allowance shall be made for several pleas or answers to the same previous pleading. Drawing a demurrer or joinder in demurrer, one dollar, and for every necessary copy thereof, fifty cents. For a copy of the pleadings to be used by the court, or referees, upon the trial of a cause, three dollars; but no more than one copy shall be allowed in any one cause. Circuit rolls are hereby abolished. Drawing a case, bill of exceptions, special verdict, papers to set aside a report of referees upon the merits or demurrer to evidence, five dollars; and for every necessary copy thereof, two dollars and fifty cents. Drawing amendments to a case, bill of exceptions or statement of a case before referees, two dollars; and for every copy thereof, one dollar. CHAP. X. Attorneys. |