the words "an order of sale shall be made;" so that the said section, as provision amended, shall read as follows:

amended.

495.]

§12. The owner, consignee, agent or commander of any vessel (Vol. 2, p. seized by virtue of any warrant issued pursuant to the provisions of this Title, and any person interested in such vessel, may at any time before an order of sale shall be made as herein after mentioned, apply in person or by attorney, to the officer who issued such warrant, for an order to discharge the same."

Ib. section as

§ 51. The thirty-eighth section of the said eighth Title shall be, and to sheriffs the same is hereby repealed.

66

commissions repealed.

York.

§ 52. The forty-third section of the sixth Title of Chapter eight, Part Additional Third, shall be, and the same is hereby repealed; and in lieu thereof, provisions concerning the following sections shall be inserted in the second Article of the said collection of Title, at the end thereof, as sections forty-three, forty-four and forty-five. fines in New"§ 43. It shall be the duty of the clerks of the several courts of re[Vol. 2, p. cord in the city and county of New-York, within twenty days after the adjournment of their respective courts, to deliver a list of the persons upon whom fines shall have been imposed by the said court, for their non-attendance as jurors, together with the amount of such fine, to the clerk of the court of common pleas in and for the said city and county of New-York.

"§ 44. The clerk of the said court of common pleas shall deliver to the district attorney of the said city and county, the names of all persons who have been fined for their non-attendance as jurors, and whose fines have not been remitted by the said court of common pleas; and the said district attorney may proceed to collect the same, by an action of debt to be brought in the said court of common pleas, and judgments may be entered for the amount of such fine and costs of suit.

"§45. The said court of common pleas may allow the clerk of the said court, out of the fines so collected as aforesaid, such reasonable compensation as to the court shall seem just, for the duties performed by him in pursuance of the provisions of this Article. And for the services performed by him in relation to jurors for the city and county of New-York, the residue of the monies so collected, shall be paid over and applied as now provided by law."

487.]

CHAPTER IX. PART III,-[INFORMATIONS AGAINST CORPORATIONS.] $53. The second Title of Chapter nine, Part Third, shall be, and the Former prosame is hereby amended, by striking out of the last clause of the thirty- vision as to ninth section of said Title, the words "to file such information in every mations filing inforinstance in which," and inserting in lieu thereof, the word "whenever,' against corand by adding to the said clause, the words following: "to file such infor- amended. mation in every case of public interest, and also in every other case in which satisfactory security shall be given, to indemnify the people of this state against all costs and expenses to be incurred thereby;" so that the said clause, as hereby amended, shall read as follows:

porations,

583.]

"And it shall be the duty of the attorney-general, whenever he shall (Vol. 2, p have good reason to believe that the same can be established by proof, to file such information in every case of public interest; and also in every other case in which satisfactory security shall be given to indemnify the people of this state against all costs and expenses to be incurred thereby."

CHAPTER X. PART III. -[COSTS AND FEES.]

§ 54. The first Title of Chapter ten, Part Third, shall be, and the same costs in suits is hereby amended, by inserting therein, after the twelfth section thereof, in common pleas in favor a new section, in the words following: of state.

[Vol. 2, p. 615.]

Sheriffs' fees in certain

cases regu. lated.

[Vol. 2, p. 633.]

Ib. in proceedings

and vessels.

[Vol. 2, p.

646.]

"§ 13. In all actions brought in any court of common pleas in favor of the people of this state, other than suits for penalties not exceeding fifty dollars, if the plaintiffs recover judgment for any amount, they shall recover costs."

§ 55. The third Title of the said Chapter shall be, and the same is hereby amended, by altering the eighteenth section thereof, so that the second clause of that section shall read as follows:

"For serving a declaration in ejectment, the same fees as are allowed to sheriffs for similar services, and for serving a declaration in any other cause commenced by such service, twenty-five cents."

§ 56. The thirty eighth section of the said Title shall be, and the same against ships is hereby amended, by striking out the clause following: "serving an attachment against the property of any debtor or upon any ship or vessel, the same poundage upon the value of the property seized, as upon executions; such value to be determined by the inventory and appraisal of such, if there be any made, or by proof to the satisfaction of the officer issuing such warrant," and inserting in lieu thereof, the clause following: "For serving an attachment against the property of a debtor under the provisions of Chapter five of the Second Part, or against a ship or vessel, under the provisions of the eighth Title of Chapter eight of Part Third, fifty cents, with such additional compensation for his trouble and expenses in taking possession of and preserving the property attached, as the officer issuing the warrant shall certify to be reasonable. And where the property so attached shall afterwards be sold by the sheriff, he shall be entitled to the same poundage on the sum collected, as if the sale had been made under an execution."

Ib. in other cases.

[Vol. 2, p.

646.]

Former pro

§ 57. The said Title shall be, and the same is hereby further amended, by adding at the end of the said thirty-eighth section thereof, as follows: "For any person committed to prison, and every person discharged from prison in civil cases, twenty-five cents for receiving and twenty-five cents for discharging, to be paid by the plaintiff in the process. For summoning constables to attend the supreme court or any other court, fifty cents for each constable. For attending the supreme court, two dollars per day. For mileage on every execution, six cents per mile, for going only, to be computed from the court-house."

CHAPTER I. PART IV.- --[CRIMES.]

§ 58. The ninth section of the second Title of Chapter one, Part vision rela Fourth, shall be, and the same is hereby amended, by inserting between tive to man the word "shall" and the words "be deemed," the following words : "in case the death of such child or of such mother be thereby produced;" so that the said section, as hereby amended, shall read as follows:

slaughter

in certain

cases, amended.

[Vol. 2, p. 661.]

Construction

"S9. Every person who shall administer to any woman pregnant with a quick child, any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter in the second degree.".

§ 59. The seventh Title of the said Chapter shall be, and the same is of terms "fe hereby amended, by inserting therein, after section thirty, a new section, "felonious in the words following:

lonious" and

ly."

[Vol. 2, p. 702.]

"§ 31. The term felonious,' when used in any statute, shall be construed as synonymous in meaning with the word 'criminal;' and the term

"feloniously,' when so used, as synonymous in meaning with the word 'criminally.'

CHAPTER II. PART IV.-[CRIMINAL PROCEEDINGS.]

§ 60. The second Title of Chapter two, Part Fourth, shall be, and the New provisame is hereby amended, by inserting a new section, next after the twenty-first section thereof, in the words following:

66

sion concerning examination of pri

soners.

709.]

"§ 22. Nothing contained in the preceding sections, shall be construed to require any magistrate before whom a prisoner charged with a misde- [Vol. 2, p. meanor shall be brought, to take the examination of such prisoner, except where such magistrate shall deem it material so to do, or where such examination shall be required by the prisoner.".

tive to bail

§ 61. The twenty-fifth section of the said Title shall be, and the same Former prois hereby amended, by striking out the word "Title," at the end thereof, vision relaand inserting in lieu thereof, the word "Chapter;" so that the said sec- in certain tion, as amended, shall read as follows:

criminal

cases,

"25. If the offence with which the prisoner be charged be bailable amended. by a justice of the peace or an alderman of a city, and the prisoner offer [Vol. 2, p. sufficient bail, such bail may be taken and the prisoner discharged; if no 709.1 bail be offered, or the offence be not bailable by a justice or alderman, the prisoner shall be committed to prison, except in cases in which a court of special sessions shall be authorised to try such prisoner, as provided by this Chapter."

§ 62. The fourth Title of said Chapter shall be, and the same is here- New proviby amended, by inserting after the fifty-fifth section thereof, the following sion concernas a new section:

ing warrants issued to foreign counties.

(Vol. 2, p.

"§ 56. Every warrant so issued, may be directed to the sheriff and constables of any county in this state; and when the same shall be served in any county other than that in which the indictment shall have been found, 728.1 the same proceedings shall be had as on an endorsed warrant issued before the indictment, as prescribed in the second Title of this Chapter."

CHAPTER IX. PART 1.- -[ESCHEATS.]

Further pro

cerning pro

lands.

§ 63. The twelfth Title of Chapter nine, Part First, shall be, and the same is hereby amended, by adding to the first section of the said Title visions conthe words following: "except that where the premises for which the ceedings for action is brought are not occupied by any person, and no person shall be escheated known as claiming title thereto, the supreme court, on affidavit of such facts, may allow the suit to be brought as against claimants unknown, and vol. 1, p. the declaration and notice shall be served by publishing the same in such manner and for such time as the court shall direct; and if no person shall appear in the said action, the default of the claimants unknown shall be entered, and judgment be rendered thereon;" so that the said section, as hereby amended, shall read as follows:

"1. Whenever the attorney-general shall be informed, or have reason to suspect, that the people of this state have title to any real estate by escheat, he shall cause an action of ejectment to be brought for the recovery thereof, in which action the proceedings shall, in all respects, be similar to those usually had in other actions of ejectment, 'except that where the premises for which the action is brought are not occupied by any person, and no person shall be known as claiming title thereto, the supreme court, on affidavit of such facts, may allow the suit to be brought as against claimants unknown; and the declaration and notice shall be served by publishing the same in such manner and for such time as the court shall direct; and if no person shall appear in the said action, the default of the claimants unknown shall be entered, and judgment be rendered thereon.'

2821

recovery.

Ib. effect of § 64. The said Title shall be, and the same is hereby further amended, by inserting therein after the third section thereof, a new section, in the words following:

Rule of pro ceeding before Revised

"§. After any lands recovered in any action against claimants unknown, shall have been sold and conveyed under the direction of the commissioners of the land-office, the judgment recovered in such action shall be conclusive upon the title of such lands, and shall bar all persons claiming or to claim the same or any part thereof; except such claimants as shall, within five years after the docketing of such judgment, commence their action for the recovery of such lands, subject to the like exceptions in favor of persons within age, insane or imprisoned, and of married women, as are contained in the statutes of this state regulating the time of commencing actions relating to real property."

§ 65. In all cases where any provision of the Revised Statutes shall not have gone into complete effect on the first day of January, one thouStatutes go sand eight hundred and thirty, all matters then pending, or which shall into complete arise before the said statute shall go into complete effect, shall and may proceed until the time when such provision shall go into complete effect, according to the laws applicable thereto and in force on the thirty-first day of December, one thousand eight hundred and twenty-nine.

effect.

Construction of certain sections

§ 66. The several provisions of the Revised Statutes amended in the eighth, ninth, eleventh, twenty-ninth, thirty-sixth, thirty-eight, fortyamended by sixth, fifty-eighth and fifty-ninth sections of this act, shall receive the same construction as if originally enacted in the form in which the same are hereby amended.

this act.

Provisions of

published.

§ 67. In every publication of the Revised Statutes hereafter to be this act, how made, the amended and additional provisions herein contained, shall be inserted in their proper places as parts of the said statutes, and in the manner herein before prescribed; and such alterations as may be requisite, shall be made under the direction of the secretary of state, in the numbering of the sections in every Title of the said statutes affected by this act..

§ 68. This act shall commence and take effect from the date of the passing thereof.

[The following acts were omitted to be inserted in their proper

places :]

An act to vest certain powers in the supreme court, commissioner appointed for the village of Poughkeepsie, in the county of Dutchess. Passed February 5, 1830. Chap. 20, p. 15.

court com. misioners in

§ 1. The supreme court commissioner appointed for the village of Supreme Poughkeepsie, in the county of Dutchess, is hereby authorised and empowered to do and perform all such duties as any judge of the court of Dutchess. common pleas of the county of Dutchess could do and perform out of court; with the like compensation for such services, as any such judge of the said court of common pleas is by law allowed.

§ 2. This act shall be in force and take effect immediately after the passage thereof.

An act relative to the court of common pleas and general sessions in and for the county of Greene. Passed February 10, 1830. Chap. 27, p. 20.

(Vol. 2, p.

§ 1. The present term of the court of common pleas and general ses- Courts in sions in the county of Greene, now held on the first Tuesday of January Greene. in each year, shall hereafter be held on the first Monday of February in 212.1 each year. The present term of the court of common pleas now held on the last Tuesday of May in each year, shall hereafter be held on the last Monday of May in each year.

[§ 2 temporary.]

An act for the relief of the Stockbridge Indians. Passed February 18, 1823. Chap. 40, p. 33.

WHEREAS the Stockbridge Indians have represented by their petition, that monies paid by the people of this state on their behalf, have not been properly applied, when placed in the hands of their peacemakers for distribution, and that they are on that account liable to imposition: Therefore,

"Preamble.

§ 1. Be it enacted by the People of the State of New-York, represented in Duty of Senate and Assembly, That the amount directed to be paid by the treasurer, comptroller. on the warrant of the comptroller, by the forty-ninth section of the act entitled "An act relative to the different tribes and nations of Indians within this state," passed 10th April, 1813, shall be paid to the superintendents of the said Stockbridge Indians, to be by them applied to the purposes mentioned in said forty-ninth section, instead of paying the same to their schoolmaster, in the manner therein provided.

Stockbridge

§ 2. And be it further enacted, That all monies due to the Stockbridge Monies payIndians by treaty or otherwise, shall be paid to the superintendents of the able to the said Stockbridge Indians, to be by them applied on the order of the peace- Indians makers, chiefs and warriors of the said tribe, for their benefit, and to enable them to remove to Green Bay; and that the superintendents account with the comptroller annually, on or before the first of January in each year, for all monies which shall come to their hands.

VOL. III.