New-York daily tribune., 1851-07-16
= a.eo,,anre- and ihe Clcrk must

shereppon e 80 no. Gwen the offer is TO be deemed
OF sccePn and canLCt be gwen IN evluehce' anu u
v,siutlf fail 70 Obtain nofe he gefsnd
TIE p.ot recover costs, out must pay 'he uo'0"N
6e 6eo cost from the tune ~ the oner. ,A.,, =, ,;s
an 81 marty may DC examined on Dehaii vi h.s n
s%..,A ar a co-dtioadant as to any mater III
eeaS he is not jointly interested or iiaoe WIN such
xhN,,n,,f or co-deieudant. and as TO wnlch sepd'
copaS moi Joint verdict or Judgment shali De rem
rsie And he may % compelled to attend IN lhe
oeI manner as at the instance OF an adverse parry,
examination thus taken snail nov DC used IN
st.1 OF the party eX .n.nci' uhleSs nc i oAa''-'
v.,se instance OF the adverse party.
zoo The last section shall not apply 10 party 70
c,,on nor TO an, person for whose lmIneolale
'Snefi Is prosecute 0r deienueo' ad WHEN on as
~ror Of d thing IN action or contract Is e1diihet %
H,-upess on behalf 90 any person deriving tiIlo
s,ough or from him, the adverse party oner mn
Lii As witness TO the same matter IN ms own Oeis
"a shall he so receivo1 But such asslgnor sndiI ho
ss admitted 10 be examined IN behalf OF any person
Serying title through from HIM against an ,t
ar an executor, or administrator, unless I tno tho
nary TO such cOntract thing 10 action, ""od d bis
defendant plaintiff represents, IL nme nor
testimony can be procured ior sucn nl.dod ey
unless a, Last ten DAYS notice OF such iii'. mon
animation OF the assgo' specNylh snv he o,ven IN
which ne IS intended % be examined siiai O' 81
Wnung 20 sne Of this act apply to future
,c"cdi,s m actions or suits heretofore commence"
and now pending, as i"llo"s .,;,, ,ba,ein IN the
m there have been 10 pleaolhg tneiein' ~ WV
,laadinos and ali subsequent proCeeuniso' -,
Uben there is an issue Of law or oil iacs, VI an2
other question OF fact 70 De uied, 10 lhe tiiai " ~
subsequent proceedings ...o .-ocoadings tn
Amer a Judgment order TO the proce 80 ~
.nfo,ce vocafe modifv or reverse IT, inciudlng the
costs of An sppeal Whenever the Judgeso 'he gu
nreme Court In any Dstrct ma that tue .Vui ', az az
any Circuit, has not oeeh or VIII ndar % thev
10 dispose Of all the cases upon the caiehoaI' my
,oay renuest the Governor 10 assign otner JuuSco;
and # necessary, appoint ex'raordhaiy .e,hs sau
Circuits for the purpose OF disposng OF such oases
The (oyerDor NAV thereupOn make such assignment
and the Judges assigned must hoid the courts ac
cOrdlngly 49,, -, 49,, Goo, do
cree entered upon the direction OF a shgle Juus.'
in any suit IA equity pending IN the supreme Couft
on the ist day OF July, 1871, al any time before tle
1st day of November. 1881. But TINS sectioil sila
not apply TO cases where a rehearlng mas alfeauy
been had OF ordered or 20 the case OF decree en-
Tered before the passage Of this act, and 10 reve"
which no attempt good faith has been or snail nave
been made within thirty days after notice Oh 'ne en-
1ry of such decree. Such appeal shall DC tdhSh ~
fhe manner provided IN sections three hundred anu
twenty seven and three hundred and fortyelght.
6A7O The Judges OF the Supreme Court shall meet
In general session at the Capitol IN the City OF Al
fany on the first Wednesday In August 1907, ana
every two wears thereafter and at such sessions snail
revise their general ruies and make such amend
ments thereto as experience mas SHOWN 10 DC heces
sary TO carry into effect the provisions OF the Code OF
Procedure and make such further rules as they
deem proper not inconsistent with the provisions Vi
1his act The rules so made shall govern the oupe-
nor Cour, Of the City of New-York, the Court OF
Common Pleas for the City and County OF Ne"-f ork,
and the County Courts so far as the same may be
applicable. c..,..o .,.o,,aod h,.
1his act shall take effect on the first day OF January
next and the Secretary OF State, IN publlshlng the
laws OF the present session, shall publish the Code
OF Procedure entire, as amended by tins ACT, as u
appendix IN the volume OF the SAID session laws
printing the sections amended IN TINS hct III itaiics
-
AN ACT To subject certain Debts owing residents tC
Taxation. Passed July z. 1851.
TIE Peopie Of the state Of Ner York, rspresenfed
Senate and Assembly, dO enact as tolio,0s:
9l All debts owing by inhabitants OF TINS state tt
persons not residing within the United states lot tn'
purchase OF any real estate shall be deemed persona
prOperty within the town or county WheTe the ueOlO
resides and such shall be abe to taxation In tn
same manner and to the same extent as the persona
estate of citizens OF this State.
% II there shall reside III any county OF this STATE
an agent of any nonresident creditor having debt
owing 10 him of the description mentioned In tht
mrs, section of this act, he shall on or before tn'
iwenty fifth of Juy IN such year. iurnlsh TO the Oo9
ty Treasurer OF each county where suchdebtor resides
a true and accurate amount OF debts ol thc uescfip
tion mentioned In the first section o TINS act whici
were owing on the first day oil January preceoihg, u
fhe prncina OF such agent, IN each Town IN sucl
county which shall be verified by the oath OF sucf
agent taken before officer authorized to admins
Ger eathS.
without GOOD and sufficient cause to furnish Such lis
shall forfeit the OF Eve hundred dollars TO the ust
of each county. in (which such DEBTOR RESIDES 10 oe
sued for by the Treasurer OF Suchcount IN ms ha'
of Office and 10 be recovered upon proof that the prln
cipa ofssuch agent had debts owing to nm by lnhao
itants of such county or OF the description mention
ed IN the first section Of TINS act, and that the e1s
aence Of such debts Was known 10 such agent
= "a The County Treasurer onsreceiving such state
snent shall Immediately make out and transmit 10 IN,
assessors of the several towns OF his county In Whci
any such debtor resides an abstract or copy OF st
much such statement relates to the town oi suci
aSSeSser with the name OF such creditor.
IS. The assessor on receiving such aeStract OF
statement from the County Treasurer shall within th
lime IN which they are now required by law 10 com
yletc their assessment roll, enter thereon the nan
Of snch nonresident CREDITOR and the aggregate
amount due hun in such town on the hrst day OF Jan
uary preceding IN the same manner other persona
property Is entered on SAID roll.
90. When 1t shall appear by the return OF any col
lector, made according TO law TO County Treasurer
that any tax imposed ON debt owing TO person no
residing IN the United states remains unpaid sucil
County Treasurer shall after the expiration of twent
DAYS from the of such collector issue ms war
rant 10 the Sheriff of any county IN this stale, wher
any debtor of such non,reSden, credltor may resue
commanding hm TO make Of the goods and chatlelS
and real estate of such nonresident. the amount O
such tax, 10 be Specihed IN schedule annexed to tn
said warrant. together with his fees and the sum o
dollar for the expense of issuing such warrant
and 10 return the sand warrant to the Treasurer su
lng the same, and % pay over 10 hun the money
which shall be collected ny virtue thereof except tn,
sand Sherh's fees by'a certain day therein To be
specified within sixty days from the date OF suct
warrant
~. The taxes upon several debts owing 10 the
same nonresident shall be included ia one warrant
and the taxes upon several debts owing 10 different
non-rcsdents may be included IN the same warrant
and where several non.yesdentS are included IN the
same warrant, the Sheriff shall be directed 10 levy
the sums specified IN The schedule thereto annexed
upon the personal and real property of the nonresl-
dents respectively, opposite to whose names, re-
rpectvey such sums shall be written, together
with the sum OF fifty cents upon each nonresident
for the expense of such warrant
Us. Such warrant shall be lien upon and shall
bind the real and personal estate OF the non-reSi-
dents, against whom the same shall be issued, from
fhe time actual levy shall be made upon any pro-
perty by virtue thereof and the Sheriff To whom
such warrant shall be directed, shall proceed upon
the same, all respects, with the like effect and III
abe same manner prescribed ov law IN respect to
executions against property, issued upon judgments
rendered IN the Supreme Court and shall 5e entitled
10 the same fees fot ms services IN executing the
same. u be collected N tle same manner.