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such new undertaking, the appeal may, on motion to the CHAP. XI. court, be dismissed with costs. Whenever it shall be necessary for a party to any action or proceeding to give a bond or an undertaking, with surety or sureties, he may in lieu thereof deposit with the officer or into court, as the case may require, money, to the amount for which such bond or undertaking is to be given. The court in which such action or proceeding is pending may direct what disposition shall be made of such money, pending the action or proceeding. In any case where, by this section, the money is to be deposited with an officer, a judge of the court, at special term or at chambers, upon the application of either party, may, before such deposit is made, order it to be deposited in court instead of with such officer; and a deposit made pursuant to such order, shall be of the same effect as if made with such officer."
Section three hundred and fifty-two is hereby amended by adding thereto as follows:
“And when the appeal is to the superior court of Buffalo, Section 852 in the cases in which by the terms of this section a new trial to new trial may be had, such new trial shall be had in the said superior court of court."
Section three hundred and fifty-five is hereby amended so Section 855 as to read as follows: “When by the terms of section three to security hundred and fifty-two, the appellant is entitled to a new trial in the appellate court, he shall, at the time of taking his appeal, and in all other cases, if he desires a stay of execution of the judgment, give security as provided in the next section.”
Section three hundred and sixty-four is hereby amended by Section adding thereto the following: “And the provisions of this to appeals
“ chapter for a new trial shall apply as well to appeals hereto- ing. fore taken and now pending, as those hereafter to be brought.”
Section three hundred and seventy-one is hereby amended Scendred by striking out the last two sentences of the first paragraph to offer of and inserting in place thereof the following : “ If such offer on appeal. be not made, and the judgment in the appellate court be more costs. favorable to the appellant than the judgment in the court below, or if such offer be made and not accepted, and the judgment of the appellate court is more favorable to the appellant than the offer of the respondent, the appellant shall recover costs. If the offer be made and accepted by the appellant, the appellant shall recover all his disbursements on appeal, and all his costs in the court below. But the appellant shall not recover costs except as provided in this chapter. The respondent shall be entitled to recover costs where the appellant is not."
Section three hundred and ninety-five is hereby amended Sectiore so as to read as follows: “A party examined by an adverse to exami: party, as in this chapter provided, may be examined on his adverse own behalf, subject to the same rules of examination as other party. witnesses. But if he testify to any new matter, not responsive to the inquiries put to him by the adverse party, or
Section 399 amended as to testi. mony of parties.
necessary to explain or qualify his answers thereto, or discharge when his answers would charge himself, such adverse party may offer himself as a witness on his own behalf in respect to such new matter, subject to the same rules of examination as other witnesses, and shall be so received."
Section three hundred and ninety-nine is hereby amended by adding thereto the following: “But if the testimony of a party to the action or proceeding has been taken, and he shall afterwards die, and after his death the testimony so taken shall be used upon any trial or hearing, in behalf of his executors, administrators, heirs-at-law, next of kin, or assignees, the other party or the assignor of a thing in action, shall be a competent witness, as to any and all matters to which the testimony so taken relates, notwithstanding anything in this section contained to the contrary thereof."
S 2. Section thirty-seven, article second, title second, chap
ter first, part third, of the Revised Statutes in relation to the parpa, and jurisdiction of the court of chancery, is hereby repealed.
S 3. Section four hundred and seventy-one of the Code of repealed. Procedure is hereby amended by adding thereto the followSectiore a 71. ing : “In actions or proceedings by mandamus, amendments to mnanda. of any mistakes in the process, pleadings or proceedings
therein may be allowed, and shall be made in conformity to the provisions of chapter six, title six, of the second part of
the Code of Procedure." Chapter 460 $ 4. The four hundred and sixtieth chapter of the Laws
of eighteen hundred and sixty-two, is hereby amended by amended. striking out the characters and figures therein as follows:
“28, 29, 30."
Section 37, article 2, title 2, of
of laws of 1862,
STATE OF NEW YORK; &C.
ADMINISTRATION OF CRIMINAL JUSTICE.
PASSED May 13, 1845. The People of the State of New York, represented in Senate and Assembly, do enact as follows: [3 1. Repealed by Laws of 1846, ch. 22.)
$ 2. Every person who shall administer to any pregnant Panishwoman, or prescribe for any such woman, or advise or pro- causing cure any such woman to take any medicine, drug, substance miscarriage or thing whatever, or shall use or employ any instruments or other means whatever, with intent thereby to procure the miscarriage of any such woman, shall, upon conviction, be punished by imprisonment in a county jail, not less than three months nor more than one year.
I N. Y., 383; 2 B., 218.
PART IV. Penalty for $ 3. Every woman who shall solicit of any person any anli cibis, medicine, drug, or substance or thing whatever, and shall soliciting
taking drugs, &c. take the same, or shall submit to any operation, or other
means whatever, with intent thereby to procure a miscarriage, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by imprisonment in the county jail, not less than three months nor more than one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment.
S 4. Any woman who shall endeavor privately, either by concealing deachains herself or the procurement of others, to conceal the death of
any issue of her body, which if born alive would by law be a bastard, whether it was born dead or alive, or whether it was murdered or not, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by imprisonment in a county jail, not exceeding one year.
S 5. Any woman who shall be convicted a second time of the offence specified in the fourth section of this act, shall be imprisoned in a state prison for a term not less than two or
more than five years. Repeal. S 6. Section nine, article first, title second of chapter one,
of the fourth part of the Revised Statutes, and section twentyone, title six, chapter one of the fourth part of the Revised Statutes are hereby repealed.
Punishment for second offeuce,
of abortion and for other purposes,” passed May 13th,
PASSED March 4, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
S 1. Every person who shall administer to any woman to pregnant pregnant with a quick child, or prescribe for any such woman,
or advise or procure any such woman to take any medicine, drug or substance whatever or shall use or employ any instrument or other means with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter in the second degree.
1 N. Y., 382; 2 B., 218. S 2. The first section of Chapter 260 of the Laws of 1845, entitled “An act to punish the procurement of abortion and for other purposes, is hereby repealed.
Passed March 20, 1848. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
S 1. Any person who shall inveigle, entice or take away Pnnisho be any unmarried female of previous chaste character, under the inflicted. age of twenty-five years, from her father's house or wherever else she may be, for the purpose of prostitution at a house of ill fame, assignation or elsewhere, and every person who shall aid or assist in such abduction for such purpose, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished by imprisonment in a state prison not exceeding two years, or by imprisonment in a county jail not exceeding one year: Provided, that no conviction shall be had under the Proviso. provisions of this act on the testimony of the female so inveigled or enticed away, unsupported by other evidence, nor unless an indictment shall be found within two years after the commission of the offence.
8 B., 603.
PASSED March 22, 1848. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. Any man, who, shall under promise of marriage, Punishseduce and have illicit connexion with any unmarried female seduction, of previous chaste character, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in a state prison not exceeding five years, or by imprisonment in a county jail not exceeding one year; provided that no conviction shall be had under the provisions of this act, on the testimony of the female seduced, unsupported by other evidence, por unless indictment shall be found within two years after the commission of the offence; and provided further, that the subsequent marriage of the parties may be plead in bar of a conviction.
15 N. Y., 353.