Duty and authority of of public struction, relating to teachers' institutes. refusal of said meeting to vote a tax for the payment of said claim, and the inhabitants may then and there, or at any subsequent regular district meeting, appoint one or more inhabitants of the district to attend upon the meeting of the board of supervisors to protect the rights and interests of the district upon said appeal. And the person or persons before mentioned shall, thereupon, within ten days, serve upon the clerk of said district (or if there be no clerk, upon the town clerk of the town) a copy of the aforesaid account so sworn to, together with a notice in writing, that on a certain day therein specified, he intends to present such account to the board of supervisors for settlement, pursuant to the public notice already given by him. And the clerk shall record such notice, together with the copy of the account, and the same shall be subject to the inspection of the inhabitants of the district. And it shall be the duty of the person or persons appointed by any district meeting for that purpose, to attend at the meeting of the board of supervisors on the day mentioned in the notice aforesaid, and to protect the rights of the district upon such settlement, and the expenses incurred by them in the performance of this duty shall be a charge upon said district, and the trustees, upon presentation of the account of such expenses with the proper vouchers therefor, may levy a tax therefor or add the same to any other tax to be levied by them, and their refusal to levy such tax for the payment of such expenses shall be subject to an appeal to the superintendent of public instruction. Ante, vol. 3, p. 461. $ 7. Section two of chapter three hundred and eighty-four of the Laws of eighteen hundred and sixty-two, is hereby amended so as to read as follows: It shall be the duty of the superintendent of public instrucsuperinten- tion to advise and co-operate with the school commissioners in regard to the time and place of holding teachers' institutes, and he shall have power to employ suitable persons to conduct and teach the same, and to pay them in the same manner as provided in the first section of said act for the payment of expenses incurred by the school commissioners, and he shall visit or cause to be visited, by any person or persons employed in the department of public instruction, such and so many institutes as he may find it practicable to reach, for the purpose of examining into the course and method of instruction pursued, and of rendering such assistance as he may find expedient; and he shall establish the basis upon which the yearly appropriation for the support of teachers' institutes shall be distributed to the several institutes, and the term or terms during which the same may be held, having reference, in the establishment of such regulations, to the number of teachers in the county and in attendance at the institute, to the length of time during which they shall be held, to the facilities for securing attendance upon them, and to local disadvantages requiring especial consideration. Ante, vol. 3, p. 528. $ 8. Section nine, chapter four hundred and thirty-three, Laws of eighteen hundred and fifty-three, is hereby amended so as to read as follows: of certain relating to ments in tures, etc. A majority of the taxable inhabitants of any district, as Authority aforesaid, other than those whose limits correspond with those districts, of any city or incorporated village, at any annual or special improve meeting, held as by the provisions of existing law, may author- site, struoize such acts and raise such sums of money as they shall deem expedient, for the purpose of making additions, alterations or improvements, with reference to site or structures, in the academy or union free school buildings, or of buying apparatus or fixtures, or paying the wages of teachers, and the necessary expenses of the school or schools; or for such other purpose pertaining to the support of such schools as the inhabitants may, by a two-thirds vote, approve, and they may direct the trustees to cause the sums voted to be levied and raised by installments, or directly by a tax; and such trustees shall make out a tax list, in the manner by law provided in cases of school-district taxes, and direct such taxes or such installments to be collected at the times they shall become due. And the inhabitants of such districts shall have no power to rescind the vote to raise such money, or to reduce the amount at any subsequent meeting, unless the same be done within. ten days after the same shall have been first voted. Ante, vol. 3, p. 503. tion of $9. The superintendent of public instruction shall, under Compila his direction, cause the general laws pertaining to the com- school laws. mon schools to be revised and amended, and arranged under appropriate titles and subjects, and he shall report them, as thus revised, amended and arranged, to the next legislature during the first week of its session, so that the whole may be included in one act. They shall, as far as practicable, be so arranged that the prescribed duties of the respective officers shall be included under separate heads. This act shall take effect immediately. CHAP. 392. AN ACT to amend the Code of Procedure, and to repeal section thirty-seven, article second, title second, chapter first, part third of the Revised Statutes. PASSED May 4, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The act known as the Code of Procedure is hereby amended as follows: Preferred causes in court of appeals. Section 104 actions. Section 116 amended as ad litem Section thirteen is amended by adding at the end thereof the following: and whenever, in any action or proceeding in which the people of this state, or any state officer, or any board of state officers, is or are sole plaintiff or defendant, an appeal has been or shall be brought from any judgment or order for or against him or them, in any court, such appeal shall have a preference in the supreme court and in the court of appeals, and may be moved by either party out of the order on the calendar. Ante, vol. 5, p. 5. Section one hundred and four is hereby amended so as to read as follows: "If an action shall be commenced within the time prescribed therefor, and a judgment therein be reversed on appeal, the plaintiff, or if he die and the cause of the action survive, his heirs or representatives may commence a new action within one year after the reversal." Ante, vol. 5, p. 29. Section one hundred and sixteen is hereby amended by to guardian adding at the end thereof the following: "And in case an infant defendant, having an interest in the event of the action, shall reside in any state, with which there shall not be a regular communication by mail, on such fact satisfactorily appearing to the court, the court may appoint a guardian ad litem, for such absent infant party, for the purpose of protecting the right of such infant in such action, and on such guardian ad litem, process, pleadings and notices in the action may be served, in the like manner as upon a party residing in this state." Bection 154 amended as on failure to reply. Ante, vol. 5, p. 31. Section one hundred and fifty-four is hereby amended so as to read as follows: "If the answer contain a statement of new matter constito Judgment tuting a counterclaim, and the plaintiff fail to reply or demur thereto within the time prescribed by law, the defendant may move, on a notice of not less than ten days for such judgment as he is entitled to upon such statement, and if the case require it, a writ of inquiry of damages may be issued." Section 167 amended as Ante, vol. 5, p. 44. Subdivision seven, and what follows it of section one hundred and sixty-seven, is hereby amended so as to read as follows: "Seven. Claims against a trustee, by virtue of a contract, to joinder of or by operation of law. But the causes of action, so united, claims. must all belong to one of these classes, and except in actions for the foreclosure of mortgages must affect all the parties to the action, and not require different places of trial, and must be separately stated. In actions to foreclose mortgages the court shall have power to adjudge and direct the payment, by the mortgagor, of any residue of the mortgage debt that may remain unsatisfied after a sale of the mortgaged premises, in cases in which the mortgagor shall be personally liable for the debt secured by such mortgage, and if the mortgage debt be secured by the covenant or obligation of any person other than the mortgagor, the plaintiff may make such person a party to the action, and the court may adjudge payment of the residue of such debt remaining unsatisfied after a sale of the mortgaged premises, against such other person, and may enforce such judgment as in other cases." Ante, vol. 5, p. 47. Section one hundred and seventy-nine is hereby amended, in the fourth subdivision thereof, by adding to said subdivision the following words: "Or when the action is brought to recover damages for Section 179⚫ fraud or deceit." Ante, vol. 5, p. 51, 19 Ab., 353. amended as to causes of arrest. amended as notes of employing phers in city York. Section two hundred and fifty-six is hereby amended by striking out all after the word "notice," in the second paragraph, and adding to the said section the following: "In Section 256 every action in which the issue of fact is now joined, and the to filing action is now placed upon the calendar of the supreme court, issue and of the first judicial district, or of the superior court of the city stenogra of New York, or of the court of common pleas for the city of New and county of New York, the party who shall have filed such note of issue shall, as a condition precedent to such action being brought to trial, pay to the clerk of the court the sum of three dollars; and in every action in either of the said courts, commenced after the passage of this act, the party who shall file therein a first note of issue of fact shall, as a condition precedent to such filing, pay to the clerk of the court the sum of three dollars; and the amounts so received shall be accounted for and paid over, monthly, by the clerk of each of said courts, to the comptroller of the city of New York, and by him deposited in the county treasury, to be used as a fund for the payment of the salaries of stenographers employed in said courts, as provided for in this section. If the fund thus created be inadequate to pay such salaries, the additional amount necessary for such payment shall be appropriated and paid from the fund of county contingencies, to which fund any surplus of the sums so paid over to the comptroller, as hereinbefore provided, shall be credited. Each of the courts hereinbefore named shall appoint a stenographer for the circuit, trial term or special term, which constitutes a separate branch of such court, who shall be a sworn officer of the court, shall hold office during the pleasure of the court, and shall be paid a salary of fifteen hundred dollars per annum, in like manner as the salaries of other officers of the courts are now paid. It shall be the duty of every stenographer so appointed for any circuit, trial term or special term. Stenographers in other Counties. Section 273 amended as ment of under the direction of the presiding judge thereof, to take full stenographic notes of all proceedings in every trial thereat; and in case the presiding judge shall require a transcript of stenographic notes, he may order the expense thereof to be paid equally by the parties to the action, at the rate of ten cents for every one hundred words so transcribed, and may enforce payment thereof, and the amount so paid, together with the sum paid as a condition precedent to the cause being brought to a trial, or to the first note of issue being filed as herein before provided, shall be deemed a necessary disbursement, within the meaning of section three hundred and eleven of the Code of Procedure, and shall be allowed as such to the prevailing party in the action. At any extra circuit, trial term or special term of said courts the presiding judge thereof shall appoint a stenographer for such extra circuit or term, who shall, in like manner as aforesaid, be a sworn officer, and who shall be paid a compensation at the rate and in the manner herein before provided. When a court of oyer and terminer shall be held in and for the city and county of New York, the presiding judge thereof shall designate one of the stenographers of the supreme court to act as stenographer of such court of oyer and terminer during its session, who shall, in like manner as aforesaid, be a sworn officer, but who shall receive no compensation in addition to his salary as hereinbefore provided, except that in case a transcript of his stenographic notes, taken on the trial of any criminal cause, be required for the use of the presiding judge or the district attorney, the expense thereof shall, on the order of such judge or district attorney, be paid as a county charge at the rate herein before specified." "In other counties of this state, on trials of issues of fact, at any circuit court, or court of oyer and terminer, it shall be lawful for the presiding justice, in his discretion, to employ a stenographer, who shall be entitled to such compensation as shall be certified by such justice, not exceeding five dollars for each day's attendance at such court, at the request of such justice; which compensation shall be a charge upon the counties in which such courts shall be held respectively, and shall be audited, allowed and paid in like manner as other county charges are audited, allowed and paid. It shall be the duty of such stenographer to furnish any party to such trials, upon request, a copy of the evidence and proceedings taken by him on such trials, or of such part thereof as may be required, on payment, on behalf of such party, of six cents for every one hundred words of the copy so furnished." Ante, vol. 5, p. 71. Section two hundred and seventy-three is hereby amended to appoint so as to read as follows: "In all cases of reference, the parreferees and ties as to whom issues are formed in the action (except when report. the defendant is an infant or an absentee), may agree in writ making of |