duly appointed in and for any county in this state, upon filing a certified copy of his appointment with the certificate of the clerk of such county that he has duly qualified, together with his autograph signature, in the office of the clerk of any adjoining county, is hereby authorized and empowered to exercise all the functions of his office in such adjoining county, and also in the county in which he resides for such adjoining county, with the same powers he now possesses by law in the county for which he is appointed, and with the same effect. And the county clerk in whose office any notary public has filed a certified copy of his appointment, a certificate of his having qualified, and his autograph signature, is hereby authorized and required, whenever so requested, to subjoin to any certificate of proof or acknowledgment signed by such notary, a certificate under his hand and official seal, specifying that said notary public has filed a certified copy of his appointment, with his autograph signature, in his office, and was at the time of taking such proof or acknowledgment duly authorized to take the same; that he is well acquainted with the handwriting of said notary, and verily believes that the signature to the said certificate of proof or acknowledgment is genuine. And any instrument so proved or acknowledged and having such county clerk's certificate subjoined thereto shall be entitled to be read in evidence or to be recorded in any of the counties of this state. [Thus amended by L. 1885, ch. 61, § 1.]

[L. 1885, ch. 61, § 2. Nothing herein contained shall be construed to abridge the powers or restrict the jurisdiction of notaries public as provided in chapter eight hundred and seven of the laws of eighteen hundred and seventy-three, entitled "An act concerning notaries public in the counties of Kings, Queens, Richmond, Westchester and Rockland, and the city and county of New York, and authorizing them to exercise the functions of their office therein," and the several acts amendatory thereof.]

[For statutes legalizing irregular acts of notaries public, see ante, page 391.]

ARTICLE FOURTH.

ART. 4. [290, 291]

MISCELLANEOUS PROVISIONS CONCERNING COURTS OF RECORD.

[This article was repealed by L. 1877, ch. 417.]

Acts on the same subject.

L. 1847, Chap. 280—An act in relation to the judiciary.

[So much of this act, as had not been previously repealed, was repealed by L. 1880, ch. 245, except certain sections, all of which, excepting § 65, have been repealed by L. 1883, ch. 111, and L. 1886, ch. 593.]

Clerks of counties to be clerks of circuit courts, etc. § 65. The clerks of the several counties including the city and county of New York, by virtue of their offices shall be clerks of the circuit courts, courts of oyer and terminer, and except in the city and county of New York, of the county courts and courts of sessions within their respective counties; and all laws relative to the duties of the clerks of the present supreme and circuit courts, courts of oyer and terminer, general sessions of the peace and common pleas of their respective counties, so far as the same are consistent with the Constitution and the provisions of this act, shall apply to them as clerks of the supreme court, circuit courts, courts of oyer and terminer, county courts and courts of sessions in their respective counties. And all laws relative to the duties of register, assistant register and clerks in chancery, so far as the same are consistent with the Constitution and the provisions of this act, shall be deemed to apply to the duties of said clerks in suits and proceedings in equity in the courts of which they shall be clerks.

[This section (§ 65) repealed, as respects the city of New York, by L. 1881, ch. 537.]

L. 1883, Chap. 111-An act to provide for the designation of justices of the peace to serve as members of courts of sessions.

Two justices to be designated. SECTION 1. Two justices of the peace, having at least one year to serve from the first day of January succeeding their designation, shall be designated in each county in this state, except the counties of New York and Kings to sit with the county judge in courts of sessions, during the calendar year commencing on the first day of January succeeding their designation.

Only one to be voted for by each elector. § 2. At every general election held on the Tuesday succeeding the first Monday of November, each elector may place upon his ballot, indorsed "county," under the words "for sessions," the name of one justice of the peace of the county, qualified as aforesaid; and the two justices of the peace receiving the greatest number of votes shall be designated as justices of the sessions for the term aforesaid.

29 Hun, 513.

When presiding judge may designate justice to sit. § 3. If either or both of said justices fail to attend at the commencement of a court of sessions, or during the term, or if his office be vacant, or if he be disqualified to act in any matter pending at that time, the county judge presiding at the court must designate some other justice or justices of the peace of the county to serve, as provided by sections forty-two and forty-three of the Code of Criminal Procedure.

[Section 4 repealing and temporary.]

L. 1847, Chap. 391-An act authorizing courts of equity to order the sale of rights of pre-emption to real estate or chattels real in certain cases. [See L. 1848, ch. 32, post.]

Absolute sale and conveyance when to be decreed by supreme court. SECTION 1. In all cases where several persons are the owners, or claim to be the owners of any real estate or chattels real, lying within the bounds of the city and county of NewYork, having different estates, or estates in common therein, in possession, remainder or reversion, and which said person shall by virtue of such ownership, or claim to such ownership, be entitled or claim to be entitled by law to a preemptive right, to have, take, or demand the grant or lease of any other land, or easement in land, from the mayor, aldermen and commonalty of the city of NewYork, the supreme court of this state shall have power, and such court is hereby vested with full power and authority, on the application of either of the said owners, or of the said mayor, aldermen and commonalty of the city of New-York, to decree an absolute sale and conveyance of such right of pre-emption, and to make such disposition of the net moneys arising from such sale, after the payment of the costs and expenses of the proceedings as shall be just and proper, according to the rights and interests of the said several owners. [Thus amended by L. 1848, ch. 32.]

Sale how to be made and conducted; proviso. § 2. Such sale shall be made and conducted on like notice by the like officer, and in the same manner and form as sales of real estate on the foreclosure of a mortgage by virtue of a decree or order of said court, and a deed of conveyance for the said right of pre-emption shall in like manner be executed and delivered to the purchaser; which deed shall vest in the purchaser absolutely all the claim, right, title and interest of the owner of the said right of pre-emption, and every of them, of, in or to the said right of preemption thus sold and conveyed; provided, always in every case the applicant shall give six weeks previous notice of such intended application if the owners entitled by law to such pre-emption right are residents; and six months previous notice of such intended application, if the owners are non-residents of the state,

by publication in two daily newspapers printed in the city of New-York, prior to such application to the court for an order of sale; and provided, also, that the court shall be satisfied that such order of sale shall not interfere with, or impair the obligation contained in any lease or contract made by the said mayor, aldermen and commonalty to or with any person or persons whatsoever.

[See L. 1848, ch. 32, § 2, post.]

Provision in case of infants. § 3. In all cases where any owner shall be an infant a guardian shall be appointed for such infant in such manner, who shall give the like security and possess the like powers and discharge the like duties as in cases for the partition of lands.

Notice how to be served on owners. § 4. Whenever any owner shall reside in the city of New-York, notice of such intended application shall be served personally on such owner, or by leaving the same at his dwelling-house with some person of suitable age and discretion, at least twenty days before such application is made; and in all cases where such owner shall reside out of the said city, and within any of the United States, and such place of residence be known to the applicant, such notice shall be served by mail, addressed to such owner at his place of residence at least three months before such application is made. Proof of such service by affidavit shall be made to the court before any order of sale shall be made.

Parties may purchase. § 5. Any of the parties to said suit may become the purchaser on such sale.

L. 1847, Chap. 470-An act to amend the act entitled "An act in relation to the judiciary," passed May 12, 1847.

[So much of this act, as was not repealed by former acts, was repealed by L. 1880, ch. 245, except §§ 26, 33 and 35.]

Grand jurors. § 26. No more grand jurors shall be summoned in any year after one thousand eight hundred and forty-seven, in any county, to attend the court of sessions therein, than were required to be summoned yearly to attend the court of general sessions of such county by the laws in force on the twelfth of May, one thousand eight hundred and forty-seven; and when, in any county, a grand jury shall not by law be required to attend every term of the court of sessions, the county judge shall direct which terms of such courts a grand jury shall attend, by an order to be made and published, as provided by the twenty-sixth section of said chapter.

[Section 33 repealed by L. 1883, ch. 123.]

[Section 35 amends L. 1847, ch. 280, § 40, ante, and falls with the repeal of that section.]

L. 1848, Chap. 32- An act to amend an act entitled "An act authorizing courts of equity to order the sale of rights of pre-emption to real estate, or chattels real, in certain cases," passed November 22d, 1847.

[Section 1 amends L. 1847, ch. 391, § 1.]

Notice how long to be published. § 2. The second section of said act is hereby amended so as to require the six months' notice therein provided for, in case of non-residents, to be published for three months successively twice in each week, in two of the daily papers published in the city of New York; still requiring, however, that six months shall expire after the first publication of the said notice, before the application to the court in said act referred to.

L. 1851, Chap. 163-An act in relation to the powers of the late court of chancery and supreme court in equity in certain cases.

Assignor may not impeach assignment to receiver. SECTION 1. No person who has heretofore executed any assignment of any interest in any real estate to any receiver, in pursuance of any order of the late court of chancery or supreme court in equity, his heirs or assigns, nor any person claiming by, from, or under them or any of them, shall be permitted to question the validity of such assignment to said receiver or any sale or conveyance made by him, of the assigned property by reason of the want of any power or authority in either of those courts to make such order, or to direct such sale and conveyance, providing said courts shall have acquired jurisdiction of the persons and subject matter of the suit, and shall have proceeded according to the rules and practice of said courts.

Not to affect existing suits. § 2. This act shall not affect any suit or proceeding now pending in regard to any such assigned property, nor the title thereto of any purchaser in good faith for a valuable consideration.

L. 1853, Chap. 421-An act to authorize the enrollment of decrees of the late court of chancery.

Order for enrollment. SECTION 1. The court of appeals, or any judge thereof, in term or vacation, shall have power, upon satisfactory proof that any final order or decree of the late court of chancery has not been properly enrolled, to make an order for the due enrollment thereof, or for an amendment of the enrollment thereof, to the same extent and with the like effect that the said court of chancery might have done.

L. 1870, Chap, 203 – An act relating to the court of appeals and the commission of appeals.

[Sections 1-7 are omitted as temporary.]

[Section 8 is on p. 557, ante.]

Powers and duties of clerk of court. § 9. All laws relating to the clerk of the court of appeals his powers and duties, shall be applicable to the clerk appointed under the Constitution, except so far as they may be inconsistent with the sixth article of the Constitution of this act.

L. 1870, Chap. 408- An act relating to the supreme court and to the election of a judge of the court of common pleas in and for the city and county of New York.

[Sections 1-8, and §§ 10-14, were repealed by L. 1877, ch. 417.]

[Section 9 is on p. 558, ante.]

Provision as to actions referred and undetermined. § 15. In any action which was referred to a justice of the supreme court, and was pending and undetermined on the first day of January, eighteen hundred and seventy, and in which testimony had been taken, the supreme court, at a special term thereof, may in its discretion order the evidence so taken, and the proceedings had in such action, to stand, and have the same force and effect in the further prosecution of said action

or the defence thereof before the court, as if such evidence had been taken or proceedings had before the court.

[Section 16 is omitted as temporary.]

L. 1877, Chap. 11- An act to extend the powers of county judges while in counties other than their own for the purpose of holding courts therein.

Powers and duties in other counties. SECTION 1. During the period that any county judge shall be in a county other than his own, for the purpose of holding courts therein, he may exercise all the powers and perform all the duties of the county judge of such other county, which said last-mentioned judge is by law authorized to exercise and perform out of court or in vacation; provided, however, that nothing herein contained shall empower him to perform the duties of surrogate in such other county.

94 N. Y., 387.

L. 1880, Chap. 480 ~ An act to amend chapter four hundred and sixtyseven of the laws of 1870, entitled "An act in relation to the county courts."*

Amendment. SECTION 1. Section one of chapter four hundred and sixty-seven of the laws of eighteen hundred and seventy, entitled "An act in relation to the county courts," is hereby amended so as to read as follows:

Courts to have jurisdiction in actions not to exceed $3,000. § 1. The county courts, in addition to the powers they now possess, shall have jurisdiction in civil actions where the relief demanded is the recovery of a sum of money not exceeding three thousand dollars, or the recovery of personal property not exceeding in value three thousand dollars, and in which all the defendants are residents of the county in which the action is brought at the time of its commencement, subject to the right of the supreme court upon special motion, for good cause shown, to remove any such action into the supreme court before trial, and also, on such removal being made, to change the venue or place of trial. They shall have such appellate jurisdiction as is now provided by law.

28 Hun, 484.

[The section (L. 1870, ch. 467, § 1), amended as above, was repealed by L. 1877, ch. 417.]

L. 1838, Chap. 297 - An act in relation to the criminal courts in the city of New York.

Courts, where to be held. SECTION 1. It shall and may be lawful for the common council of the city of New York to assign such place in the said city, as may to them seem most conducive to the public convenience, for the holding of the courts of general or special sessions and of oyer and terminer and jail delivery, to be held in and for the said city and county. But such alteration of the place of holding such courts shall, before the same takes effect, be notified in one or more of the public newspapers printed in the said city, for the period of not less than four weeks.

*As to the constitutionality of this act, see Const.,.art. VI, § 15.