To take ef

fect.

which such justice shall belong shall not have been determined by lot in the manner and within the time now prescribed by law, it shall be lawful for the supervisor or town clerk, as the case may be, at any time on or before the first day of July next, to give the required notice, and to proceed to such determination in the same manner as if the same had been done within the time now prescribed by law.

$8. This act shall take effect immediately on the passing thereof; and it shall be the duty of the secretary of state to cause the same to be published without delay in the state paper, and in such other manner as he shall deem expedient.

Contingent damages

when asses5ed.

Duty of

sheriff

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:

S 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.

$ 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 authorise the entry of the defendants appearance and default for not pleading; or in actions of ejectment, to authorise 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.

$ 3. Where an action against two or more persons Actions upon upon any joint obligation, contract or liability, shall be joint obligacommenced 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.

may be car

S4. Where any case shall be made or reserved, or bill Cases that of exceptions, demurrer to evidence, or special verdict ried to su shall be taken on the trial of any cause in any circuit preme court. court, the judge 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.

S 5. For all purposes of entering rules for judgment Proceedings. and rules 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, Writs of the supreme court may, in its discretion, award or refuse costs to any party therein.

$ 7. Actions on the case for injuries to personal pro- Actions on perty, shall be tried in the county where the venue shall the case. be laid, subject to the power of the court to change the venue, in the same manner as in actions upon contracts.

law.

S8. In all actions at law, the certificate of a notary, Actions at under his hand and seal of office, of the presentment by him of any promissory note or bill of exchange for acceptance or payment, 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

Instruments how to be

the party to whom the same 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.

S 9. Every written instrument, except promissory notes proved to be and bills of exchange, and except the last wills of deceasread on trials ed 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.

To take effect.

$10. This act shat take effect immediately after its passage.

CHAP. 272.

AN ACT to amend an act passed 20th April, 1830, to vest certain privileges in the inhabitants of the village of Monticello,

Passed April 29, 1833.

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

S 1. The act passed 20th April, 1830, vesting certain privileges in the freeholders and inhabitants of the village of Monticello, in the county of Sullivan, is hereby amended in section third, by striking out the word "or," in the fourth line, and inserting after the word " оссиpants" the words " or owners. In section sixth, by inserting at the end thereof, "the trustees shall also have power to fill any vacancy that may occur in the officers of said village, during the year."

CHAP. 273.

AN ACT extending the time for rebuilding the Smithborough and Nichols bridge, in the county of Tioga.

Passed April 29, 1833.

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

$1. The Smithborough and Nichols bridge company may rebuild their bridge at any time before the first day of January next; and the completion of said bridge before the said first day of January next shall be deemed to be a compliance with the provisions of the charter of said company, limiting the time for rebuilding said bridge; any thing in the charter of said company to the contrary notwithstanding.

CHAP. 274.

AN ACT relative to the bank fund.

Passed April 29, 1833.

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

to invest

S1. It shall be lawful for the comptroller, in addition to comptroller the power given him by the act entitled "An act to create moneys. a fund for the benefit of the creditors of certain monied corporations, and for other purposes," passed April 2d, 1829, to invest any moneys in the treasury belonging to such fund, in such stocks or loans as he and the bank commissioners shall deem most for the interest of said fund, and best calculated to advance the purposes of its creation; but no such loan shall be made to any corporation subject to the provisions of said acts upon the stock, property or credit thereof.

$ 2. No such loan shall be made upon real estate, un- Loans less the same is unincumbered and worth double the value of the sum to be loaned thereon; nor shall the buildings on said real estate be estimated as a part of the value thereof, unless the same shall be insured by the mortgagor, in such company as the comptroller and bank commissioners shall designate, from loss or damage by fire during the continuance of such loan, and the policy of such insurance be transferred to the comptroller as collateral security for the same.

Additional security.

stocks.

$3. If, during the continuance of any loan or investment made in pursuance of this act, the value of the premises mortgaged, or of the stocks purchased, should depreciate, or the security taken for any such loan should. in the opinion of said comptroller and commissioners, become doubtful, it shall be their duty to require such additional security as he and they shall deem adequate; and in case of neglect or refusal to give such additional security, it shall be the duty of the comptroller forthwith to cause such loans to be collected, or such stocks to be sold at the best price that can be obtained therefor, and the sums received thereon to be again invested or loaned, in the manner provided by this act.

Premiums on $ 4. All sums heretofore paid, or which may hereafter be paid out, for premiums on stocks purchased for the purposes of investing the said bank fund, shall be repaid to the capital thereof out of the income to be received thereon, before paying over any part of said income to the corporations entitled to the same; and all sums which may at any time be received into the treasury for premium on stocks sold on account of said fund, shall be considered as income, and be paid over to the corporations entitled to such income, in the manner provided in the seventh section of the act herein before mentioned.

Expenses of government.

Powers when to be exercised.

Payments to bank fund.

Annual reports.

S 5. Whenever at any time it shall become necessary for the comptroller to borrow any money for the purpose of defraying the expenses of government, it shall be lawful for him to borrow whatever of said fund may be in the treasury, and issue certificates of stock therefor to the treasurer in trust for said fund, redeemable at pleasure, and bearing an interest of four and one half per cent.

S6. It shall not be lawful for the comptroller and bank commissioners to exercise the powers conferred on them by the first section of this act, until three months after the annual contributions of the banks shall be paid into the treasury.

$7. Every corporation required to contribute to the bank fund, may, with the consent of the comptroller, at any time before the expiration of the period limited by the before mentioned act, pay into the treasury the whole amount of the three per cent upon its capital, by the said act required to be paid.

S8. The annual reports required by law to be made by the several banks to the bank commissioners, shall hereafter be deposited by said banks in the office of the secretary of state, sealed and directed to said commissioners, on or before the twentieth day of January in each year.