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board of town auditors under the act as aforesaid, and the receipt of such treasurer shall be a sufficient voucher for the payment of such money.
$ 2. This act shall take effect immediately.
AN ACT to provide for the construction of an iron bridge over
the Mohawk basin at Archi street, in the village of Green Island, in the county of Albany.
Passen July 1, 1882 ; three-fifths being present. The People of the State of New York, representeil in Senate and
Assembly, do enact as follows: Superin- Section 1. The superintendent of public works is hereby directed public
and required to provide for the construction of an iron bridge over
Mohawk basin at Arch street, in the village of Green Island, in the build iron
county of Albany, upon plans and specifications to be drawn up by upo plans the state engineer, immediately after the passage of this act; such drawn by plans and specifications shall provide for the construction of such gineer.
bridge for a sum not to exceed seven thousand dollars.
$ 2. Upon the completion of such plans and specifications by the state engineer, the superintendent of public works shall proceed at once with the construction of such bridge, which shall be constructed
in accordance with such plans and specifications. Appropri 83. The sum of seven thousand dollars, or sc much thereof as may be
necessary, is hereby appropriated from the general fund for the construction of said bridge, payable on the warrant of the comptroller ; provided, however, that the sum hereby appropriated shall cover all costs for land damages and bridge approaches, and that the proper authorities of the village of Green Island and the town of Watervliet shall covenant and agree to maintain said bridge.
8 4. This act shall take effect immediately.
AN ACT to amend the Code of Civil Procedure, passed June
second, eighteen hundred and seventy-six, and the several acts amendatory thereof.
Passed July 1, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. The Code of Civil Procedure, as enacted on the second day of June, eighteen hundred and seventy-six, and as amended by subsequent statutes, is hereby further amended in the several sections here
inafter respectively named as follows: When de
§ 572. Except in a case where an order of arrest can be granted only fendant to by the court, if the defendant is in actual custody, by virtue of an
order of arrest in the action, or upon a surrender in exoneration of hi from cus. bail and the plaintiff neglects to enter judgment in the action, within
one month after it is in his power to do so; or neglects to issue exeention against the person of the defendant, within three months after the entry of judgment; or, if the surrender was made after tho judgment, within three months after the bail are exonerated thereupon; the defendant must, upon his application, made upon notice to the plaintiff, be discharged from custody, by the court in which the action was commenced, or by a judge thereof, within the county where tho defendant is in custody; unless reasonable cause is shown why the application should not be granted. A defendant, discharged as prescribed in this section, shall not be arrested, upon an execution issued upon a judgment in the action.
(3 779.) Section seven hundred and seventy-nine, so that it will read as follows:
$ 779. Where costs of a motion, directed by an order to be paid, are Execution not paid within the time fixed for that parpose by the order or if no time is so fixed within ten days after the service of a copy of the order, an execution against the personal property only of the party required to pay them, may be issued in the same form, as nearly as may be, as in execution upon a judgment, omitting the recitals and directions relating to real property, and all proceedings on the part of the party requiring to pay them, except to review or vacate the oriler, are staved without further direction of the court, until the payment thereof. But the adverse party may, at his election, waive the stay of proceedings. Where the order directs that the costs of the motion abide the event of when the action, or where costs of a motion, awarded by an order, hare not costs to be been collected, when final judginent is entered, they may be taxed, as entered in part of the costs of the action, or set off against costs awarded to the
judgment. adverse party, as the case requires.
($ 791.) Subdivision second of section seven hundred and ninetyone, so that it will read as follows:
2. An action or special proceeding in which the mayor, aldermen Preferred and commonalty of the city of New York, or a board of officers, exer- causes. cising powers conferred by a statute for the protection of public health, of public or private property, or for the prevention or punishment of violations of a statute relating to either of those subjects, or the commissioners of pilots in the city of New York, are parties; where & notice, similar to the notice prescribed in the last subdivision, has been served by their attorney, at the time of service of the notice of trial or argument. The provisions of the last subdivision, relating to moving the trial or argument, apply to a cause within this subdivision.
(3 791.) Subdivision fifth of section seven hundred and ninety-one, 80 that it will read as follows:
“5. In any court, an action, in which an executor or an administra- Ibid. tor, or an infant, or the receiver of a savings bank, or general assignee for the benefit of creditors, is the sole plaintiff or sole defendant; an action for the construction of, or an adjudication upon, a will, in which the administrator with the will annexed, or the executor of the will, is joined, as plaintiff or defendant, with one or more other parties; and, in the court of appeals or the supreme court, an appeal from the decree or decision of a surrogate's court, determining a will to be valid, and admitting it to probate, or determining an instrument offered for probate as a will to be in valid or not entitled to probate as such, or granting general letters of administration.”
($ 791.) Subdivision seven of section seven hundred and ninety-one, 80 that it will read as follows:
“7. An action against a corporation or joint-stock association, Ibid.
Examination of persons 2011Gined
issuing bank notes or any kind of paper credits to circulate as money, or by or against a receiver of such corporation or association. An action in which a county or town is sole plaintiff or defendant."
(S 874.) Section eight hundred and seventy-four, so that it will read as follows:
$ 874. Witnesses' fecs, at the rate prescribed by law in an action in the supreme court, must be paid or tendered when the order is served upon the party or other person required to attend. If the party or person so served fails to obey the order, his attendance may De compelled and he may be punished, in like manner, and the proceedings thereon are the same, as if he failed to obey a subpæna issued from the court in which the action is pending, or, if no action is pending, from the court of which the judge is it member.”
(8 877.) By inserting, immediately after section eight hundred ani! seventy-six, a new section, numbered eight hundred and seventy-seven, to read as follows :
"§ 877. Where the party or other person to be examined is confined
in a prison or jail within the state, under a sentence for a felony, that in jail, etc,
fact must be stated in the affidavit, and his deposition may be taken as prescribed in the foregoing sections, as if he was not so confined, except that in such a case, the granting or refusing the order, and, if granted, the appointment of a referee to take the testimony, is always in the discretion of the judge. The order must require the production of the prisoner by the person in charge of the prison or jail, at the prison or jail ; but it may prescribe such regulations and restrictions with respect thereto as the judge deems proper.
(§ 879.) Section eight hundred and seventy-nine, so that it will read
as follows: Parties “S 879. The parties to an action may stipulate in writing that the late that deposition of a competent witness, to be used therein, may be taken de position before a judge or referec, at a time and place specified in the stipula
tion, either orally or upon interrogatories to be agreed upon in like manner. The witness may be subpoenaed to attend the examination as upon a trial, and the judge or referee may take his deposition, as if an order had been made by the court directing it to be so taken. Bit this section does not apply to a case specified in section eight hundred and seventy-seven of this act."
(8 882.) Section eight hundred and cighty-two, so that it will read as follows:
“S 882. But such a deposition, except that of a party, taken at the
instance of an adverse party, or a deposition taken in pursuance of a definition stipulation, as prescribed in this article, shall not be so read in evidence
until it has been satisfactorily proved that the witness is dead, or is unable personally to attend by rcason of his insanity, sickness, or other infirmity, or that he is confined in a prison or juil; or that he has been and is absent from the state, so that his attendance could not, with reasonable diligence, be compelled by subpoena."
(S 1019.) Section one thousand and nineteen), so that it will read as
follows: Referee's “$ 1019. Upon the trial, by a referee, of an issue of fact, or an
issue of law, or where a reference is made as prescribed in section one thousand and fifteen of this act, the referee's written report must be either filed with the clerk, or delivered to the attorney for one of the parties, within sixty days from the time when the cause or matter is finally submitted; otherwise either party may, before it is filed or delivered, serve a notice, upon the attorney for the adverse party, that he
Proof rerequired before
report to be gled in sixty days.
elects to end the reference. In such a case, the action must thenceforth proceed, as if the reference had not been directed ; and the referee is not entitled to any fees.”
(S 1335.) Section thirteen hundred and thirty-five is amended so that it will read as follows:
"$ 1335. It is not necessary that the undertaking should be ap- Undertakproved; but the attorney for the respondent may, within ten day's not be a after a service of a copy of the undertaking, with notice of the filing proved. thereof, serve upon the attorney for the appellant, a written notice that he excepts to the sufficiency of the sureties. Within ten days there- When surafter, the sureties, or other sureties in a new undertaking to the same ettes must
justily, effect, must justify before a judge of the court below or a county judge. etc. At least five days' notice of the justification must be given; in every other respect the provisions of sections five hundred and serenty-eight, five hundred and seventy-nine and five hundred and eighty of this act apply to the justification. If the judge finds the sureties sufficient ho must indorse his allowance of them upon the undertaking, or a copy thereof; and a notice of the allowance must be served upon the attorney for the exceptant. The effect of a failure so to justify, and to procnre an allowance, is the same, as if the undertaking had not been
to take effect.
§ 2. This act shall take cffect immediately. But the amendment when act made by this act to section one thousand and nineteen shall not apply to a reference made before this act takes effect ; nor shall any amendment, made by this act, invalidate or impair the effect of any proceeding heretofore taken.
AN ACT to amend the Code of Civil Procedure.
PASSED July 1, 1882 ; three-fifths being present. The People of the State of Nero York, representeil in Senate and Assembly, do enact as follows:
SECTION 1. Section two thousand six hundred and sixty-seven, of the code of Civil Procedure is hereby amended so to read as follows :
§ 2667. A person appointed an administrator must, before letters are adminisissued to him, besides filing his official oath, execute to the people of trator's the state, and file with the surrogate, the joint and several bond of oath. himself and two or more sureties, in a penalty fixed by the surrogate, not less than twice the value of the personal property of which the decedent died possessed, and of the probable amount to be recovered by reason of any right of action granted to an executor or administrator by special provision of law. The sum to be fixed as the amount Penalty of. of the penalty must be ascertained by the surrogate, by the examination, upon oath, of the applicant or any other person, or otherwise, as the surrogate thinks proper. The bond must be conditioned that the administrator will faithfully discharge the trust reposed in him as such, and obey all lawful decrees and orders of the surrogate's court touching the administration of the estate committed to him. But where a right of action is granted to an executor or administrator by special provision of law if it appears to be impracticable to give a bond sufficient to cover the probable amount to be recovered, the surrogate may in his discretion accept modified security and issue letters limited to the prosecution of such action but restraining the executor or ad
hond in case next of kin consent
ministrator from a compromise of the action and the enforcement of
any judgment recovered therein until the further order of the surroPenalty of gate on additional further satisfactory security. In cases where all
the next of kin to the intestate consent thereto, the penalty of the bond required to be given shall not exceed twice the amount of the claims of creditors against the estate presented to the surrogate, pursuant to a notice to be published twice a week for four weeks in the state paper, and in two newspapers published in the city of New York, and once a week for four weeks in two newspapers published in the county where the intestate usually resided, and in the county where he died, reciting an intention to apply for letters under this provision, and notifying creditors to present their claims to the surrogate on or before a day to be fixed in such notice, which shall be at least thirty days after the first publication thereof; but no bonds so given shall be for a less sum than five thousand dollars; and such bond may be increased by order of the surrogate for cause shown. Pending such application no temporary administrator shall be appointed except ou petition of such next of kin.
§ 2. This act shall take effect immediately.
Grantee etc., of
AN ACT to amend an act entitled "An act supplemental to
the Code of Civil Procedure,'' passed May sixth, eighteen hundred and eighty.
PASSED July 1, 1382 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. The following sections, added to the Code of Civil Procedure by the act entitled " An act supplemental to the Code of Civil Procedure," passed May sixth, eighteen hundred and eighty, are hereby amended as follows:
($ 1501.) Section fifteen hundred and one, so that it will read as follows:
“8 1501. Such an action may be maintained by a grantee, his heir, lands held or devisee, in the name of the grantor, or his heir, where the conveyadversely ance, under which he claims, is void because the property conveyed
was held adversely to the grantor. The plaintiff must be allowed to prove the facts to bring the case within this section. In such an action, a judgment against the plaintiff shall not award costs to the defendant; but where the defendant is entitled to costs, as prescribed in section three thousand two hundred and twenty-nine of this act, they may be taxed and the person who maintained the action in the plaintiff's name may be compelled to pay the same us prescribed in section three thousand two hundred and forty-seven of this act.”
($ 1788.) Section seventeen hundred and eighty-eight, so that it will
read as follows: Receiver “$ 1788. In such an action, the court may also, at any stage thereof, puistoe apo appoint one or more receivers of the property of the corporation. A
receiver, so appointed, before final judgment is a temporary receiver, until final judgment is entered. A temporary receiver has power to collect and receive the debts, demands, and other property of the corporation; to preserve the property, and the proceeds of the debts and