1. By filing with the town clerk a certificate of the claim- CHAP. VIIL ant, or his successors in interest, acknowledged or proved in the same manner as a conveyance of real estate, stating that the lien has been paid or discharged; or, 2. By depositing with the justice or clerk of the courts a sum of money equal to double the amount claimed, which money shall be thereupon held subject to the determination of the lien; or, 3. By an entry of the town clerk made in the book of liens, that the proceedings on the part of the claimant have been dismissed by the court in which it is brought, or a judgment rendered against the said claimant; or, 4. By an affidavit of the service of a notice from the owner, or his agent, attorney, contractor, or sub-contractor to the claimant, requiring such claimant to commence an action for the enforcement of said lien within twenty days after service of said notice, and the failure of said claimant to commence an action as aforesaid. 4 E. D. S., 734; 2 E. D. S., 535; 6 Ab., 99. S24. All acts heretofore passed for the better security of Repes.. mechanics, and others erecting buildings and furnishing materials in either of the above counties, are hereby repealed; but this act shall not be so construed as to affect, enlarge, invalidate, or defeat any lien or right to a lien now existing, or any proceeding to enforce such liens now pending by virtue of the provisions of the acts hereby repealed. CHAP. 204. AN ACT to extend the provisions of the act entitled "An act for the better security of mechanics and others erecting buildings in the counties of Westchester, Oneida, Cortland, Broome, Putnam, Rockland, Orleans, Niagara, Livingston, Otsego, Lewis, Orange and Dutchess," to all the counties of this state, except the city and county of New York and the county of Erie. PASSED April 14, 1858. The People of the State of New York, represented in Senate and Assembly, do enact as follows: all the state § 1. All the provisions of the act entitled "An act for the Act exbetter security of mechanics and others erecting buildings in tended to the counties of Westchester, Oneida, Cortland, Broome, Putnam, Rockland, Orleans, Niagara, Livingston, Otsego, Lewis, Orange and Dutchess," passed April seventeenth, eighteen hundred and fifty-four, are hereby extended and declared to be applicable to all the counties of this state except the city and county of New York and the county of Erie. $ 2. All acts and parts of acts inconsistent with this act are Repeal. hereby repealed. Ante, p. 675. PART III. Liens to be in office of auditor. CHAP. 247. AN ACT to provide for the Registry of Liens and Incum brances upon boats and crafts navigating the canals of this state. PASSED April 15, 1858; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Any person having any lien or incumbrance on any registered canal boat, steam tug, scow or other craft navigating the canals of this state, by a chattel mortgage duly filed, may make a statement in writing setting forth the nature of his claim, the time when the same arose, the manner in which it originated, and the amount of such lien or incumbrance; and may annex thereto an affidavit made by himself or his agent or attorney, that the said statement is correct, and the claim just and true, and file the same in the office of the auditor. Auditor's duty. Preference of liens. Fees for filing. Statement evidence. Keepers of boarding bouses may $2. It shall be the duty of the said auditor, on the receipt of the said statement, to file the same in his office, and to enter the substance in a book to be provided for that purpose, and the amount, if any, claimed to be due, which book shall always, during office hours, be open for the inspection of all persons desiring to examine the same. S3. All claims and liens by chattel mortgage, a statement of which shall be filed as herein provided, shall from the time of such filing have preference and priority over all other claims and liens, in the same manner and to the like extent of claims and liens arising on chattel mortgages filed and entered in towns where the mortgagor resides, but shall not have any priority over existing liens and claims. 35 B., 337. $ 4. The auditor shall charge for filing the said statement and making the entry thereof as herein provided, the sum of fifty cents, and he shall not be obliged to file or enter the same until such sum is paid. S 5. Any statement made and filed as herein provided, and copies thereof duly certified by the auditor in the manner re quired by law, may be read and used as evidence in all courts of justice. See Laws of 1864, ch. 412. Post, vol 6, p. 287. CHAP. 446. AN ACT for the protection of boarding house keepers. The People of the State of New York, represented in Senate and Assembly, do enact as follows : S 1. The keeper of a boarding house shall have the same lien upon and right to detain the baggage and effects of any CHAP. IX. boarder, for the amount which may be due for board by such detain bagboarder, to the same extent and in the same manner as inn- gage for keepers have such lien and such right of detention. $2. This act shall not affect the law in regard to keepers of emigrant boarding houses. 42 B., 626; 24 How. P. R., 62. CHAPTER IX. Other Remedies. CHAP. 240. AN ACT in relation to writs of habeas corpus and certiorari. PASSED April 22, 1837. The People of the State of New York, represented in Senate and Assembly, do enact as follows: money due for board. to be made савев. $1. When application shall be made to the supreme court, Writs how to the chancellor, or to any one of the justices of the supreme returnable court for a writ of habeas corpus or certiorari, pursuant to the in certain second article of title one, chapter nine of the third part of the Revised Statutes, in cases where the prisoner is confined in a county other than where such court shall then be held or officer reside, such court may in its discretion and such officer may in his discretion make such writ returnable before some other officer authorized to issue such writ in the county where the prisoner may be confined. $2. The notice required by the 47th section of said title, Notice to shall be given to the district attorney of the county in which attorney the person prosecuting the writ shall be detained, and no notice to any other district attorney shall be necessary. 5 H., 164. Ante, vol. 2, pp. 583, 590. CHAP. 270. AN ACT in relation to special proceedings." PASSED April 15, 1854. The People of the State of New York, represented in Senate and Assembly, do enact as follows : may be term. $1. An appeal may be taken to the general term of the Appeals supreme court or the superior court or court of common pleas taken to of the city of New York, from any judgment, order or final general determination made at a special term of either of said courts in any special proceeding therein; such an appeal, however, shall not stay the proceedings unless the court, or a judge PART III. Under the code. Costs thereon. thereof, so order, which order may be upon such terms, as to security or otherwise, as may be just; such security not to exceed the amount required on an appeal to the court of appeals. 12 N. Y., 406; 26 B., 176; 19 B., 657; 14 How. P. R., 511; 12 How. P. R., 97; 10 How. P. R, 168; 5 Ab., 272; 2 Ab.. 368; 30 How. P. R., 79; 26 How. P. R., 450. S2. Sections three hundred and twenty-seven, three hundred and twenty-nine, three hundred and thirty, and three hundred and thirty-two of the Code of Procedure shall apply to appeals in special proceedings. S3. In special proceedings, and on appeals therefrom, costs may be allowed in the discretion of the court, and when allowed shall be at the rate allowed for similar services in civil actions; and all appeals heretofore had or taken, and undetermined in special proceedings, shall be as valid and effectual as though had or taken under the provisions of this act. Appeals valid. Claims to be presented to CHAP. 262. AN ACT to relieve municipal corporations from giving security on appeal, and to relieve them from payment of costs in certain cases. PASSED April 12, 1859. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. All appeals by municipal corporations from the judgment or decree of any court of this state, shall be valid to stay proceedings on such judgment or decree, without security or undertaking being given, unless the court in which such judgment or decree is rendered shall otherwise direct; and in such case an undertaking executed in their official capacity, by either the mayor, comptroller or counsel to the corporation, in the name and on behalf of said corporation, shall be valid for purpose of such appeal, and shall bind said corporation to the performance of the conditions of said undertaking. $2. No costs, fees, disbursements or allowance shall be recovered or inserted in any judgment against municipal corchief fiscal porations, unless the claim upon which such judgment is founded shall have been presented for payment to the chief recovered. fiscal officer of said corporation, before the commencement of an action thereon. officer, before they can be 36 B., 229. CHAP. X. CHAP. 174. AN ACT in relation to proceedings upon mandamus. The People of the State of New York, represented in Senate and Assembly, do enact as follows: court of certain S1. The court of appeals shall have power and it shall be Duty of its duty, to hear and determine all cases now pending in said appeals in court, upon writs of error heretofore brought, to review the cases. determination of the supreme court in awarding or refusing to award a peremptory mandamus, in the same manner as if such cases had been brought into said court of appeals by appeal under the provisions of the Code of Procedure. amend pro $2. The court of appeals shall have power to allow any Parties may party to any proceedings upon mandamus, heretofore brought ceedings. into said court by writ of error, to amend his proceedings so as to make them conform to proceedings on appeal, upon such terms as shall be just, in the same manner as defective proceedings on appeal may, by existing laws, be amended; and thereafter the said court may proceed and render judgment in said cases in the same manner and with like effect as if an appeal had originally been brought to renew said determination. $ 3. The provisions of the Code of Procedure in relation to Provisions appeals to the court of appeals, shall apply to all judgments Procedure in proceedings upon mandamus, hereafter rendered. 20 N. Y., 530; 25 How. P. R., 257. to apply. CHAPTER X. Fees and Costs. CHAP. 476. AN ACT to restrict and equalize certain fees of notaries public. PASSED May 16, 1837. The People of the State of New York, represented in Senate and Assembly, do enact as follows : notaries. $ 1. It shall not be lawful for any notary public, di- Fees of rectly or indirectly, to demand or receive for the protest for non-payment of any note, or for the non-acceptance or nonpayment of any bill of exchange, check or draft, and giving the requisite notices and certificates of such protest, including his notarial seal, if affixed thereto, any greater fee |