CHAPTER XC.

APPEALS.

1. AN appeal to the general term from the decision of a single judge, is taken by the service of a notice on the ' adverse party, and the clerk with whom the judgment was entered, stating that the party appeals from such judgment. It must be taken within thirty days after the appellant receives notice that the judgment has been entered and perfected. An appeal from the general term is taken to the Court of Appeals in the same manner, and within two years after the decision of the general term.

2. Exceptions to the charge of the judge must be taken to each point separately, and a separate exception taken to the ruling of the judge on each point. If the court is requested to charge the jury that such is the law upon a point involved in the case, and if he refuse so to charge, exception may be taken to his refusal. These exceptions, upon matters of law, may be taken to the general term, and from the general term to the Court of Appeals. The appellant must give security for costs on appeal; and if he wishes to stay execution, he must also give an undertaking that he will pay the judgment, so far as it is confirmed by the appellate court. This undertaking is filed with the clerk of the court, with whom the judgment was filed. An appeal lies from the County Court to the general term of the Supreme Court. An appeal also lies from the Sur

1. How is an appeal taken from the decision of a single judge to the general term held by three judges? Within what time must it be taken? How is an appeal taken from the general term to the Court of Appeals? Within what time?

2. How must objections to the charge of the judge be taken? If the court be requested to charge the jury that such is the law upon a point involved in the case, and the judge refuse so to charge? To what court can exceptions to matters of law be taken? What security must the ap

rogate's Court to the general term of the Supreme Court. The meaning of the term merits, as used in the Code, is the strict legal rights of the parties, separate from mere questions of practice, and questions which depend upon the discretion of the court. An appeal is taken in the Marine Court in the same manner as in the Supreme Court. An appeal is taken from the Justice's and District courts by serving a notice of appeal on the adverse party, and on the clerk of the court, stating the grounds of the appeal. The object in stating the grounds of appeal is to inform the justice and the adverse party, so that the justice may make a full return of the evidence upon these points. The justice must make his return within thirty days after service of notice. An appeal is brought to a hearing by placing it on the calendar, and giving notice of argument to the adverse party. All appellate courts have the power to affirm, reverse, or modify the decision of the court below.

3. A commission to examine a witness out of the State is obtained by application to the court. The application is founded upon an affidavit, stating that a case is at issue; the name of the witness; that he is material, as the party is advised by counsel, and verily believes; and that he is out of the State. If a commission be granted, interrogatories are prepared by the applicant, and cross-interrogatories by the adverse party. The interrogatories are settled before the court, and annexed to the commission.

pellant give? If he wishes to stay execution, what further security must he give? With whom is this undertaking filed? To what court does an appeal lie from the County Courts? From the Surrogate's Court? What is the meaning of the term merits, as used in the Code? How is an appeal taken in the Marine Court? How is an appeal taken from Justice's and District courts? What is the object of stating the grounds of appeal? Within what time must the justice make his return? How is an appeal brought to a hearing? What power has the appellate

court?

3. How is a commission to examine a witness out of the State obtained? Upon what is the application founded? What must be stated in the affidavit? If a commission be granted, what is prepared by the applicant? What is prepared by the adverse party? Before whom are the interrogatories settled? To what annexed? Under what seal is the

The commission is issued under he seal of the court. When a witness is about to leave the State, without a probability of returning in time to appear personally at the trial, or is so sick or infirm as to be unable to attend, he may be examined conditionally (de bene esse). The application for such examination must be founded on affidavit. The application may be opposed on affidavit. If an order of examination is granted, the witness is examined, his examination taken down in writing, carefully read to the witness, signed by him, certified by the judge, and filed with the clerk of the court.

CHAPTER XCI.

COMMERCIAL PAPER.

1. COMMERCIAL paper is that which is used as a represen tative of value, or as a substitute for gold and silver in the transaction of business. The term commercial paper is applied to-1. Promissory Notes; 2. Bank-bills; 3. Bills of Exchange; 4. Checks.

The following is the usual form of a Promissory Note:

$500. NEW YORK, June 8, 1865. One month after date, I promise to pay John B. Astor, or order, five hundred dollars, value received.

WILLIAM BLAKE.

The following is the usual form of a bank-bill:

commission issued? When a witness is about to leave the State, without a probability of returning in time to appear personally at the trial, or is sick or infirm, what may be done? Upon what is the application for such examination founded? How may it be opposed? If an order is granted, what is done? By whom certified? Where filed?

1. What is commercial paper? To what instruments is the term applied? What is the usual form of a promissory note? What is the

STATE OF NEW YORK.

The American Exchange Bank will pay five hundred dollars to the bearer, on demand.

No. 6,729.

WILLIAM BLAKE, Cash.

NEW YORK, June 8, 1865.

JOHN B. ASTOR, Pres.

The following is the usual form of a bill of exchange:

$500.

NEW YORK, June 8, 1865.

On demand, pay to the order of John Foster five hundred dollars, value received, and charge the same to my account.

TO WILLIAM BLAKE,

Boston, Mass.

JOHN B. ASTOR.

The following is the usual form of a check:

$500. NEW YORK, June 8, 1865. American Exchange Bank pay to John B. Astor, or order, five hundred dollars.

WILLIAM BLAKE.

2. A promissory note is a written agreement made by one party to pay to another party a specified amount, in money or other property, at a given time. Bank-bills are promissory notes issued by incorporated banks. They are made payable to the bearer, on demand, in gold and silver, and treated as money in the ordinary transactions of business. Bank-bills are not strictly a legal tender; but the tender of current bank-bills will be a sufficient tender in payment of a debt, unless the creditor, at the time of such tender, demand payment in gold and silver.

3. Exchange is a negotiation by which one person transfers to another funds which he has in some other place. This transfer is made by means of an instrument which represents such funds, and is known as a bill of exchange. A bill of exchange is a written order, made by

usual form of a bank-bill? What is the usual form of a bill of ex change? What is the usual form of a check?

2. What is a promissory note? What are bank-bills? How made payable? In what? How treated in the ordinary transaction of business? Are bank-bills strictly a legal tender? When will the tender of current bank-bills be a sufficient tender in payment of a debt?

3. What is exchange? How is this transfer made? What is a bill of

one person, addressed to another person, directing him, absolutely and unconditionally, to pay a certain sum of money to a third person, named therein, and to charge the same to his account. A check is a bill of exchange drawn upon a bank or individual banker, and is made payable on demand. If drawn payable at a future day, it is not strictly a check, but a bill of exchange.

4. The following are the parties to a promissory

note:

The party who makes the promissory note is called the maker.

The person to whom it is made payable is called the payee.

Every payee who writes his name upon the back of the note is called the indorser.

Every other person who writes his name upon the back of the note is called an indorser.

Bank-bills are signed by the president and cashier of the bank, and the bank becomes the maker, acting through these officers. The following are the parties to a bill of exchange:

The person who makes the bill of exchange is called the drawer.

The person to whom the bill of exchange is tɔ be paid is called the payee.

The person to whom the bill of exchange is directed is called the drawee.

When the drawee accepts, in writing, the bill of exchange, he is called the acceptor.

When the payee writes his name upon the back of the bill of exchange, he is called the indorser.

Every other person who writes his name upon the back of the bill of exchange is called an indorser.

exchange? What is a check? How made payable? If drawn payable at a future day?

4. What is the party who makes the promissory note called? Who is the payee? Who are indorsers? By whom are bank-bills signed? How does the bank become the maker? Who is the drawer of a bill of exchange? Who is the payee? Who is the drawee? Who is the ac