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be made returnable by the clerk of said district court, at the
court thereof, and the affidavit upon which the process is
issued shall be sworn or affirmed to before, and filed with,
the said clerk or bis deputy.
$ 2. This act shall take effect immediately.

Aute, vol. 2, p. 523; 26 How. P. R., 166.

draw six per

rest.

CHAP. 194.
AN ACT to provide for the payment of interest on certain

canal drafts, certificates, awards for damages and esti-
mates for work done on the canals of this state.

Passed April 23, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$ 1. All canal commissioners' drafts and certificates and claims to all estimates of engineers, whetber final or monthly, made, cent inte." given or issued since the first day of January, eighteen hundred and sixty, and for work done and materials furnished for the coustruction of any of the canals of this state, and all awards made by the canal appraisers, the canal board or canal commissioners, for damages, shall be entitled to draw interest at the rate of six per cent per annum, after sixty days from the date thereof, for the period during which payment of such drafts, certificates, estimates and awards has been or shall be delayed or postponed by the state, in consequence of the nonappropriation of funds to pay such drafts, certificates, estimates and awards, but such interest shall cease whenever the auditor of the canal department shall give notice in the state paper that funds have been provided to pay the claims mentioned in this act.

§ 2. The interest authorized to be paid by this act sball be out of what payable and paid out of any moneys appropriated or to be appropriated for the payment of the drafts, certificates, esti- . mates and awards above specified.

$ 3. The provisions of this act shall not be deemed, taken Limitation or adjudged to alter, modify, change or repeal the provisions of any law heretofore passed, antborizing the payment of interest by the state, and notwithstanding the provisions of this act, no interest shall be paid upon the drafts, certificates, estimates and awards made, dated, issued and given by any canal: commissioner, engineer, the canal appraisers or canal board, since the first day of January, one thousand eight hundred and sixty-three.

fund paid.

of the act.

deposited in bank,

Clerk to report to court of a peals state ment concerning moneys.

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verifitransmit to the prear, the clerk of ind on the first Tues

CHAP 200. AN ACT in relation to the moneys and securities in the custody of the clerk of the court of appeals.

Passed April 22, 1863. The People of the State of New York, represented in Senate

and Assembly, do enact as follows : Money to $1. All moneys now in the custody or under the control clerk to be of the clerk of the court of appeals, and all other moneys which

din may hereafter be paid to or received by the said clerk, shall

be deposited, until invested, as is bereinafter provided, in such bank or banks as the court of appeals shall direct, and accounts thereof shall be kept with the said banks, in such

manner and form as the said court shall also direct. to S 2. On the first Tuesday of January and on the first Tues

ap day of July, in each year, the clerk of the court of appeals Cate shall transmit to the presiding judge of said court a statement,

verified by bim, of all moneys paid to him then remaining in court, wbich shall specify:

1. The title of the action or proceeding in or on account of which such money was paid.

2. The party by wbom paid, and generally for what purpose. 3. The tiine of payment and the amount paid.

4. The bank in which the same is deposited. Amount do $ 3. Such statement shall be accompanied by a certificate be certified of the cashier of the bank or banks in which such deposit is

made, that the total amount stated to be deposited is actually in the bank, placed to the credit of such clerk as clerk of the

court of appeals, and not mingled with any other account. Court may $ 4. The said court may cause any of the moneys so bronght money to be into court to be invested in any stock of this state, or of the

United States, or to be placed at interest, on approved landed security, and from time to time to be transferred or disposed of, as said court shall think proper; but no moneys shall be

drawn from any bank, except on a check signed by the clerk money from

" of said court and countersigned by some judge thereof, or a

justice of the suprerae court, nor shall said clerk invest any of said moneys, except under and by direction of said court.

S 5. The said court may also, from time to time, appoint some suitable and proper person to examine the accounts kept by, and the securities in the custody of the clerk of said court, who shall be paid by the comptroller for such service a reasonable sum, to be certified by the presiding judge of said

court. Count make $ 6. The said court may also, from time to time, make such concerning rules and regulations concerning the moneys aforesaid, and

concerning the making of the deposits and keeping of the

by cashier.

order

Invested.

Restrictions as to drawing

bank.

Court may appoint person to examine accounts.

Court may make rules

accounts and the drawing of the moneys, as it shall deem just
and reasonable, but all such rules and regulations shall be
entered in the minutes of the court.
$ 7. This act shall take effect immediately.

Ante, vol. 3, pp. 580, 593, 596, 601.

porations,

evidence,

CHAP. 206.
AN ACT in relation to evidence.

Passed April 23, 1863; three fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Whenever, in any action in the supreme court of this proceedstate, it may be uecessary for any of the parties to such action foreign corto prove any acts or transactions of any foreign corporation when to be created by the laws of any other state or country, the books of such corporation may be received and read as prima facie evidence for that purpose in such action, whether the parties thereto, or any of them, are or are not members of such corporation. And copies of the books, or any of them, of any such foreign corporation, or copies of any entry or entries, or matters entered or recorded in said books of such corporation, when the original books are not produced on the trial, verified as hereinafter provided, may be received and read in evidence on the trial of such action with like force and effect as the original book or books of such corporation ; such copies shall be verified by the person making the same (who shall be produced and sworn as a witness on the trial or hearing), that such copy is a true copy of the book or books, or entry or entries in such book or books of such corporation, and who shall prove that the book or books from which he made such copy or copies, were, at the time of making such copy or copies, acknowledged to such person by some officer of such corporation to be the book or books of such corporatien, and where and iu whose custody such book or books were kept at the time such copy or copies were made.

2. The party intending to use or offer such copy or copies Notice to bo in evidence shall give the opposite party ten days' notice of such intention, specifying briefly the nature of the evidence proposed to be given; provided that the provisions of this act, authorizing such copy or copies to be received in evidence, shall not apply when any such foreign corporation is a party and seeks to prove its proceedings in its own behalf.

$ 3. This act shall take effect immediately.

given,

criminally.

CHAP. 209.
AN ACT to amend the act entitled “An act to prevent

and punish fraud in the use of false stamps, brands,
labels or trade-marks,” passed April seventeenth, eigh-
teen hundred and sixty-two.

Passed April 23, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follou's :

S 1. The tbird section of the act entitled “An act to prevent and punish frauds iu the use of false stamps, brands, labels or trade-marks,” passed April seventeenth, eighteen hundred and sixty-two, is hereby amended so as to read as

folkows: Offending $ 3. Any person who shall vend or keep for sale any goods, aylily and merchandise, mixture or preparation, upon which any forged

or conterfeited stamps, brands, inprints, wrappers, labels or trade-marks shall be placed or affixed, and intended to represent the said goods, merchaudise, mixture or preparation as the genuine goods, merchandise, mixture or preparation of any other person or persous, knowing the same to be counterfeit, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars in each case so offending, and shall also be liable in a civil action to the person or persons whose goods, merchandise, mixture or preparation is counterfeited or imitated, or whose stamps, brands, imprints, wrappers, labels or trade-marks are forged, counterfeited, placed or affixed, for all damages such person or persons may or shall sustain by reason of any of the acts in this section mentioned, and may be restrained or enjoined by any court of competent jurisdiction, from doing or performing any of the acts above mentioned.

S 2. The fourth section of the said act is bereby amended by adding thereto the following words: “And shall also be liable to the party aggrieved, in the penal sum of one bundred dollars for each and every offense, to be recovered by him in any court of law in this state. Ś 3. This act shall take effect immediately.

Ante, vol. 2, p. 672.

Penalty to party Injured.

soldiers in

not to be

against.

CHAP 212.
AN ACT to amend the act entitled "An act to facilitate

the service of process in certain cases," passed June
thirtieth, eighteen hundred and fifty-three.

Passed April 23, 1863. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. The act entitled "An act to facilitate the service of officers and process in certain cases," passed Jupe thirtieth, eighteen bm- the army dred and fifty-three, is hereby amended by adding thereto the proceeded followiug:

“But (except in partition cases or actions or proceedings where no personal claim is made against any person included in the classes or description hereinafter mentioned), none of the provisions of this act shall be deemed applicable to or in anywise relate to officers, soldiers or musicians while actually absent from their town or place of residence, and actually engaged in the army or military service of the United States, nor to any sailor or marine actually absent from his place of residence, and actually engaged in the naval service of the United States; and, except iu partition cases and cases where no personal claim is made, as aforesaid, no order shall be allowed by any court, justice or judge, under the provisions of this act, directing the service of any summons, order, notice, or other process, as above provided, unless at the time of making the application for such order the applicant for such order shall show to the satisfaction of said court, justice or judge, by affidavit, that the defendant against whom such order is desired, is not an officer, soldier or musician actually absent from his place of residence and actually engaged in the army or military service of the Uuited States, nor a sailor or marine actually absent from his place of residence and actually engaged in the naval service of the United States, or sball so show that the action is one for the partition of real estate, or shall so show that no personal claim is made in the action against the defendant against whom such order is songht." $ 2. This act shall take effect immediately.

Ante, vol. 4, p. 598.

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