Chap. 722. AN ACT to amend an act passed March seventeenth, eighteen hundred and fifty-seven, repealing an act entitled "An act for the sale of so much of the common lands belonging to the town of Hempstead, in the county of Queens, as may be necessary to improve a public Cemetery or Burial Ground, for said town," passed April fourteenth, eighteen hundred and fiftyfive. Passed April 17, 1857, by a two-third vote. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: ded. SECTION 1. The second section of an act passed March Act amenseventeen, eighteen hundred and fifty seven, repealing an act entitled "An act for the sale of so much of the common lands belonging to the town of Hempstead, in the county of Queens, as may be necessary to improve a public cemetery or burial ground for said town," passed April fourteenth eighteen hundred and fifty-five is hereby amended so as to read as follows: § 2. The commissioners named in the act hereby repealed shall, on or before the last Tuesday in May next, render under oath, to the board of town auditors of said town of Hempstead, just and true accounts of each and every piece of land sold by them, by virtue of the act hereby repealed; the number of acres according to the surveys, and the 'sums secured for such pieces, the name of each purchaser, and the date of each sale; and shall also render an account at the same time, under the oath, of the manner in which the moneys, if any, shall have been expended, and all the moneys remaining in the hands of said commissioners from the sale of said lands, after deducting the amount allowed to them by the auditors of said town for their services, shall, on or before the last Tuesday in May next, be paid over by them to the supervisor of said town, who shall at once proceed to Account of &c. lands sold, Duty of invest the moneys so paid at interest, on bond and mortgage, until otherwise directed by the vote of the inhabitants of said town. § 2. The third section of the act passed March seventeenth, eighteen hundred and fifty-seven, as described in the first section of this act, is hereby amended so as to read as follows: § 3. The trustees elected at the annual town meeting held in said town on the seventh day of April instant, are hereby authorized and empowered, and it is made their duty, to take charge of said cemetery, and make such rules and regulations respecting the same as they or a majority of them shall think proper. The trustees so elected on the seventh of April instant, shall hold their offices for one year, and at the next annual town meeting held in said town, the town shall have power to elect three trustees whose duties shall be as as* in this section prescribed; said trustees to hold their offices one, two, and three years, and to be determined by the clerk of said town meeting, by putting the name of each trustee in a box prepared for that purpose, with the numbers one, two, and three, one of said numbers to be put on each trustee's name, and then to draw the same out, and the person drawing number one shall serve one year, and the person drawing number two shall serve two years, and the person drawing number three shall serve three years, and said town shall elect one trustee annually thereafter, to hold office for three years. §3. This act shall take effect immediately. *So in the original. Chap. 723. AN ACT to amend certain sections of the Code of Procedure and certain sections of the same as amended by chapter three hundred and ninety-two of the laws of eighteen hundred and fifty-two, and chapter forty-four of the laws of eighteen hundred and fifty-five. Passed April 17, 1857. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. The following sections and sub-divisions of sections of the Code of Procedure, and the following sections and sub-divisions of sections of the same as amended by chapter three hundred and ninety-two, of the laws of eighteen hundred and fifty-two, and chapter forty-four of the laws of eighteen hundred and fifty-five, are hereby amended so as to read as follows: § 1. Section eleven of the Code of Procedure, as amended by chapter three hundred and ninety-two of the laws of eighteen hundred and fifty-two, is hereby amended so as to read as follows: of court of appeals. § 11. The court of appeals shall have exclusive juris- Jurisdicti'n diction to review upon appeal every actual determination hereafter made at a general term by the supreme court, or by the superior court of the city of New-York, or the court of common pleas for the city and county of New-York, or the superior court of the city of Buffalo, in the following cases, and no other: 1. In a judgment in an action commenced therein or brought there from another court; and upon the appeal from such judgment, to review any intermediate order involving the merits, and necessarily affecting the judg ment. 2. In an order affecting a substantial right, made in such action, when such order in effect determines the action, and prevents a judgment from which an appeal might be taken and when such order grants a new trial; Married women. Supplemental but no appeal to the court of appeals, from an order granting a new trial, shall be effectual for any purpose, unless the notice of appeal contain an assent on the part of the appellant, that if the order be affirmed, judgment absolute shall be rendered against the appellant. Upon every appeal from an order granting a new trial, if the court of appeal shall determine that no error was committed in granting the new trial, they shall render judgment absolute upon the right of the appellant; and after the proceedings are remitted to the court from which the appeal was taken, an assessment of damages or other proceeding to render the judgment effectual, may be there had, in cases where such subsequent proceedings are requisite. 3. In a final order affecting a substantial right made in a special proceeding, or upon a summary application, in an action after judgment. But such appeal shall not be allowed in an action originally commenced in a court of a justice of the peace, or in the marine court of the city of New-York, or in an assistant justice's court of that city or in a justices' court of any of the cities of this state, unless any such general term shall, by order duly entered, allow such appeal before the end of the next term after which such judgment was entered. The foregoing prohibition shall not extend to actions discontinued before a justice of the peace, and prosecuted in another court, pursuant to sections sixty and sixty eight of this Code. § 2. Section one hundred and fourteen of the Code of Procedure is hereby amended, so as to read as follows: § 114. When a married woman is a party her husband must be joined with her, except that— 1. When the action concerns her separate property, she may sue alone. 2. When the action is between herself and her husband, she may sue or be sued alone, and in no case need she prosecute or defend by a guardian or next friend. § 3. Section one hundred and twenty-one of the Code of Procedure is hereby amended, so as to read as follows: § 121. No action shall abate by the death, marriage, complaint. or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. In case of death, marriage, or other disability of a party, the court on motion, at any time within one year thereafter, or afterwards on a supplemental complaint, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action. After a verdict shall be rendered in any action for a wrong, such action shall not abate by the death of any party, but the case shall proceed thereafter in the same manner as in cases where the cause of action now survives by law. § 4. Section one hundred and thirty-two of the Code of Procedure, is hereby amended, so as to read as follows: real pro § 132. In an action affecting the title to real property Tal the plaintiff at the time of filing the complaint, or at perty. any time afterwards, or whenever a warrant of attachment under chapter four of title seven, part second, of this Code shall be issued, or at any time afterwards the plaintiff, if the same be intended to affect real estate may file with the clerk of each county in which the property is situated, a notice of the pendency of the action containing the names of the parties, the object of the action, and the description of the property in that county affected thereby; and if the action be for the foreclosure of a mortgage, such notice must be filed Foreclosetwenty days before judgment, and must contain the date of the mortgage, the parties thereto, and the time and place of recording the same. From the time of filing only shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby. § 5. Section one hundred and fifty-three of the Code of Procedure, as amended by chapter three hundred and ninety-two, of the laws of eighteen hundred and fifty-two, and chapter forty-four of the laws of eighteen hundred and fifty-five, is hereby amended, so as to read as follows: ure. |