New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-01-04


shall have teen elected shall have power sDn u 'hs b
bis duty 20 PeroFm oil ueh duties snd 70 DO 81 saen co.
when not holo county court might have peen co.
performed BY tae sw, IN force on the t"eiltn o.
thousand sisht hundred sId forty'eysn ~ we
them AZ eharhcrs or otherwise phen not holding COST
by any such judge beirg Of the oegtee o. & 1870
the supreme court sud actins a. supIenie eSu''
ga It shall b. lawful Tor the csuBiy court o. essh .ooo
ty Of this State upon the spPiieaiisn q sby "a
uorstion in csse sha Be deemed proper 70 ste az
order for he sale Of suy res estate % 49,
poration situate in the county where t's sPpsagn -
49, "a T. direct Ae application Of the moneys srisn
by esid corporation 70 tuch ucs - 'e s7u
~th q consent aud appreciation u TIE corn
I'M 20 BE- most for the ister - Of the
oror,tion 70 which the real estate sod I'D belong
dS tbat hi. act shall not extend any Of the lands
framed by this State foI the support Of Tie gospel
70 10 ell act founded on contract In which notice
stating Of the demand the smcunt isr waicn
Will Be taken ans the time from which interest
viii computed shall be served with the ptooess or de-
csaon by which such action shall be aid IN
which no Of fact shall Be joined, JUDGMENT may be
entered for ssch amount with interest without executing
any writ Of inquiry or ether assessment o osmagts
So Proof by affidavit Of the service Of such notice With
copy thereof .feement Of the computation Of To-
upon such demand shs Be filed with the Judgment
record.
81. Whenever a matter shall be penoing "a
any county court a. which the adge Of such court shan
have been attorney solicitor or counsel or sn-ii DC
est.d ia which be would be excluded nom belxh juror
By reason Of c0nsau guny affinity TO either Of toe par
ties or in the Of which he sh4 have TAKEN pail
when sitting Judge IN other court II shan be Ms cuiJ
10 make certificate stating such fact, sno ME the SANE N
The Office Of the cicls ofsuch county court Ano
nsdctior OF such csuas sitter shall he vested IN the
sunr.me court Ia which such proceedings shall be had
therein according 10 the pact CO Of sucn court 6 ms
have been had IN such county court such cause OF ms
ter had remain ca therein.
~ Whenever any surrogate Of any county shall be
pec from such case BY reason Of inter
est relationship, by zuiniiy or any 20 any party
interested therein that he would be excluded from be-
ing Juror by Of being witness 20 any ~i or
OF having acted couse IN any cause and mere hl DC
no Toe county schaTge the dutiesofsucb
surrogate where such local officer shall also be ine'p-
bic Of acting such snUoeete BY reason Of the ioreeons
disabilities In the u The surrogate the county Juose
Of such county, Ia OF his Disability of fe cause
then the district attorney Of such county shan possess tbs
power and exercise the jarisdoon In all sepect IN sutn
the surrogate Of such county would be authoHz-u
TO possess and were IL not for such disability
-. When the Otce Of district attorney OF any county
he at the term OF court OF oyer aud ter
attorney shall from any cause be unable 70 attend me
Of such court the neuber Of the court excep me
justice Of the supreme court, may dssgna'' sle ''aDe
person 10 oct district attorney At such ei o. me court
and the person designated SHAH have and inc
powers and discharge the same duties as csfct a.
torneys elected Ia the manner provided ~ a" ana st
be entitled such compensation % be PAID out OF the
treasury Of the county, the hoard Of supervisors shah
81 There shall be no designation Of justices under the
foreth section Of tn said chapter, a. the general
ton in the year ore thousand eight hundred aud forty
eight such justices shall Do designated provided in the
said section az every general election OF members OF As,
semby after the year one thousand egnt hoboIso hho
forty-eght every lsioe hereafter designated shall be
member q the court OF sessions for one year commence
ing the first day Of January next after bis Designation
titled Of the DUNG such year by
virtue OF the election under which he shall be acting a.
such Justice At the time Of such designation
81 The las. paragraph Of the forieth sscnon OF the
said chapter Is ended as 70 read rs follows "hen
at the time appointed for the OF any
term Of the oyer and ternner or Of any Term OF
the Of sessions at any time during any such term
if either Of the said justices shall not attend suoh court az
member thereof the county judge may, at such term
designate other justice Of the peace OF the county y
supply the vacancy occasoned by such attendance Of
any such justice until lhe justice not sttencing a. siofe
sid sha attend such court member thereof but such
designation By the county Judge shall not authorize the
Justice designated BY him supply any such vacancy al
any other than that at which such designation shall
S6 The seal ieaured TO be procured By any county
clerk by the ysecOnd section Of the said chapter
shall be the seal Of the county Of such clerk and shall be
used by him ia all where he Is OF shall be required
ISL The second and subsequent sections Of chapter
three hundred and eighty eight Of the laws OF one thou
eight hundred and and chapter three hun
bred and for OF the laws Of one thousand eight hunoIe
aud forty shall not ppy to county CLERKS rom and incud
ing the FIRST Monday Of july one thousand eght hundred
aud forty bur nothing IA this con cont1nedsha
be deemed exempt county Keeping accounts
Of their iees aud transmitting 70 ne secretary o. 49,
and twenty-five Of the laws OF one thousand eight
hundred aud foItyou, but every comfy clerk and the
register of the City and County OF shall keep an
Of all their fees charged received w them or
which ght be lawfully charged or received BY them re-
spectvey and shall file in the Office Of the said secretar,
stateme thereof in the manner and AZ the times spsc
fed In the last eutioned chapter
So. No county clerk shall tax costs in any case except
the amount thereof exclusive OF actual disburse
menis which the party for whom they shall be taxed
shall he entitled TO recover, shall be limited BY law and
tho taxed bill of costs and all sdsv presented TO the
the taxation OF such costs shall be IN al
cases attached to and filed with the judgment record Of
So transcripts Of judgments rendered in this state in
any court Of the United States ouy certified by the CLERK
of such court may be filed dOcke-d by the clerk Of
county in this State in the manner Judgments ren
dered IN the upfeme court Of this state Aud alter ths
thiryhrt day Of January next all Judgments DEGREES and
ell transcripts gments aud dscrers docseted IN the
Office Of any comfy clerk shall DO docketed IN the same
docket
$40 II shall be the duty Of every surrogate, Of every
county CLERK Of ofthe Gay and County OF New
York OF the clerk of court and OF every person
having the Gus ody OF the records or papers IN any np
Office & search the files papers records a. docken IL
his Office 40 make transcripts from any such papers, re
cords and csets md TO certify to the correctness
such aud Searches wheu required 10 do
ior such service 40 every surrogate clerk register
other officer who sh,l neglect o. refuse 20 make sucl
search transcript Or certificate as aforesaid when be shat
be required aud the fees therefor shall be paid OF offered
to be paid, shall be dee med guilty 81 misdeme.ner,
Al In all proceedinss IA law or equity IN th'
supreme county the parties TO the suit o.
proceedings their attorneys OF solicitors by consent
the justice Judge who shall try the cause msy, In writ
Ing sipulate 10 hear Try and determine such cause OF
proceeding elsewhere than at the courthouse OF the coun
iy where the shall be pending Such stipulation
shall specify he place Of tsl OF hearing md shall be
filed in the Office Of the cefk OF the court IN which th'
cause proceeding shsu be pending ana such tHa OF
hearing shall he brought on upon notice IN Other
unless the time thereof shall be liked by such ST.
Ss IL shall be the duty of every sheriff deputy sherif
ana constable sny court in this State where the
services Of crer shall be required TO act such crier
aud fees compensation shall hereafter be allowed &
officer other person for acting as erer OF any oou
in this state ana the Office OF cTeI, except as provided
| b. this secuon. Is hereby abolished.
43 Whenever time shall be prescribed BY law az o.
within which any wit process shall be MADE retsrna
BILE, shah be returnable at within the time therein
specified foI tina purpose.
a Tie term year" wherever 1t is used in the ninth
nneteeath twentieth aud twenty first sections Of the
said chapter hundred and eighty Of the laws OF egh
teen hundred aud fsrtyseven, shall DO deemed to near
the period u year, terminating on every thrty hrs
day Of December, alter is7 aud the term two years
whe used IN the said ninth and nineteenth sections Oh al
be deemed 10 the period OF two years, Terminating
he thirty first DAY Of December In every second year
| after l44f.
IS The 9Th sub division of the fourth section Of the
fourth tide Of the second chapter Of third part Of the Re
vsed Statutes s hereby amended by striking Out Of ths
the Vods or against corporations and the rro
cess By which any suit shall he commenced before JUS
lice OF the pesce against poraton may be served Oh
the pIesidng officer secretary, cashier, treasurer or any
director thereof b. whatever snsh drec
| tor Trustees may be called.
g. Any person Of good moral chara,ter, although not
admitted alto ney msnage, prosecute or defend
suit for other person provided he specially auho
rred T a. purpose BY the party for whom he appears
IN writing by personal nomination IN open court
ff7 Mhoeyer shall IN person prosecute or defend an
suit proceeding n any court or before ANY officer shal
e ices for any services Performed therein
whc1 he would b. entitled 10 II such services has
been performed by attorney solicitor counselor; ane
al al n