merchandize. rest in or to such merchandize or document, other than was possessed or might have been enforced by such agent at the time of such deposit. Rights of the 5. Nothing contained in the two last preceding sections of this act, true owner of shall be construed to prevent the true owner of any merchandize so deposited, from demanding or receiving the same upon repayment of the money advanced, or on restoration of the security given, on the deposit of such merchandize, and upon satisfying such lien as may exist thereon in favor of the agent who may have deposited the same; nor from recovering any balance which may remain in the hands of the person with whom such merchandize shall have been deposited, as the produce of the sale thereof, after satisfying the amount justly due to such person by reason of such deposit. Common carrier. Penalty. court of chancery. § 6. Nothing contained in this act shall authorise a common carrier, warehouse-keeper, or other person to whom merchandize or other property may be committed for transportation or storage only, to sell or bypothecate the same. § 7. Every factor or agent who shall deposit any merchandize entrusted or consigned to him, or any document so possessed or entrusted as aforesaid, as a security for any money borrowed or negotiable instrument received by such factor or agent, and shall apply or dispose of the same to his own use, contrary to good faith, and with intent to defraud the true owner; and every factor or agent who shall sell any merchandize entrusted or consigned to him, in the like manner and with the like fraudulent intent; and every other person who shall knowingly connive with, or aid or assist, any such factor or agent in any such fraudulent deposit or sale, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine and imprisonment, at the discretion of the court in which such conviction shall take place. Powers of the § 8. Nothing contained in the last preceding section, shall be construed to prevent the court of chancery from compelling discovery or granting relief upon any bill to be filed in that court by the owner of any merchandize so entrusted or consigned, against the factor or agent by whom such merchandize shall have been applied or sold contrary to the provisions of the said section, or against any person who shall have been knowingly a party to such fraudulent application or sale thereof; but no answer to any such bill shall be read in evidence against the defendant making the same, on the trial of any indictment for the fraud charged in the bill. Proceedings Acts relating to Courts and Judicial Proceedings. An act to repeal sections fifty-four and fifty-five of the third Article of the second Title of the first Chapter of the Third Part of the Revised Statutes. Passed March 11, 1830. Chap. 76, p. 81. 1. Sections fifty-four and fifty-five of the third Article of the second in chancery. Title of the first Chapter of the Third Part of the Revised Statutes, are hereby repealed. Ib. 2. When the bill or petition is presented to a vice-chancellor, the [Vol. 2, 177.] same, and all subsequent pleadings and proceedings, while the cause remains before such vice-chancellor, shall be filed with the clerk of the court residing in the circuit of such vice-chancellor; or if presented to the vicechancellor of the third circuit, shall be filed with the register; and if presented to the vice-chancellor of the first circuit, shall be filed with the assistant register. An act concerning certain duties of the clerks of the supreme court. Passed February 10, 1830. Chap. 28, p. 20. § 1. It shall not be the duty of the clerks of the supreme court, to copy Transcripts the transcripts of judgments sent to them respectively from the several of judgments. offices; but the said clerks shall preserve all such transcripts, and bind Vol. 2, p. them in books, in a manner convenient for examination and use. 361, § 18.11 [Section 2, temporary.] An act to authorise the justices of the supreme court to hear and dispose of non-enumerated business in vacation. Passed April 16, 1830. Chap. 185, p. 208. § 1. The justices of the supreme court, some or one of them, shall sit Hearing and at the Capitol in the city of Albany in vacation, for the purpose of hear- deciding. ing and deciding all such non-enumerated business as shall arise in said court, except such as the said justices shall by rule direct to be heard in term time. § 2. The time and manner of transacting such business, shall be regulated by rules to be prescribed by them for that purpose. Time and manner. 3. All rules and orders made and entered in relation to such business, Rules and shall be as valid and effectual as if entered in term time. orders. § 4. The clerk and crier of said court, residing in the city of Albany, Clerk and shall attend said sittings. An act concerning the county courts in the county of Delaware. Passed January 8, 1830. Chap. 1, p. 3. crier. courts. 1. The courts of common pleas and general sessions in the county of County Delaware, shall be held on the first Mondays of February, June and October; but no grand jury shall be summoned to attend the said June or 214.1 (Vol. 2, p. October terms, unless the first or senior judge, or the district attorney, shall certify to the clerk of the said county, twenty days before term, that a grand jury will be necessary. An act relative to the courts of common pleas and general sessions in and for the county of Columbia. Passed January 13, 1830. Chap. 3, p. 4. § 1. The courts of common pleas and general sessions in and for the Terms. county of Columbia, shall hereafter be held on the third Monday in February, June and November in each year. continued. § 2. Each term of the said courts of common pleas and general sessions, How long may be continued and held from the commencement thereof, until and including the second Saturday after the commencement of each term; but no process issuing out of the said courts, except subpoenas and attachments, shall be tested and made returnable in the second week of the said terms. § 5. The thirteenth subdivision of section twenty of the fifth Title, Repeal. Chapter first, of the Third Part of the Revised Statutes, is hereby re- 12.1 [Vol. 2, p. Common pleas, &c. Repeal. [Vol. 2, p. pealed; and this act shall be in force and take effect immediately upon the passage thereof. [Sections 3 and 4, temporary.] An act relative to the circuit and court of oyer and terminer, and the county courts of the county of Onondaga. Passed January 15, 1830. Chap. 5, p. 6. § 2. The courts of common pleas and general sessions in that county, shall hereafter be held on the fourth Mondays of February, May and September, instead of the times now prescribed by law. § 3. Subdivision thirty-eight of section twentieth of Title sixth of Chapter one of the Third Part of the Revised Statutes, and also the act, 214, ante p. entitled "An act relative to the county courts of the county of Onondaga," passed March 28th, 1829, are hereby repealed. 443.] Actions how to be commenced. [Vol. 2, p. 347.] rated motions. [Sections 1, 4 and 5, temporary.] An act relative to the superior court and general sessions of the city of New-York. Passed February 8, 1830. Chap. 24, p. 18. 1. The provisions of the first and second sections of the first Title of the sixth Chapter of the Third Part of the Revised Statutes shall apply to the superior court of the city of New-York; but this section shall not be so construed as to authorise the commencment of a suit by the service of a declaration on any person residing out of the city and county of New-York. Hearing of § 2. All the powers relative to the hearing of non-enumerated monon-enume; tions, which, by the sixth section of the act for the establishment of the said superior court, passed March 31st, 1828, are vested in a single judge of the said court, may be exercised by such judge at chambers, under such rules and regulations as the said court may establish. ¡Vol. 2, p. 199.] Jurors. (Vol. 2, p. 413] Act when to take effect. Terms, &c. (Vol. 2, p. 214.] 3. The provisions of the twenty-first, twenty-second, twenty-third, twenty-fourth, twenty-fifth, twenty-sixth and twenty-seventh sections of the third Title of the first Chapter of the Third Part of the Revised Statutes, shall apply to the said superior court and the judges thereof. § 4. It shall be the duty of the clerk of the city and county of NewYork to draw the names of not exceeding eighty-four instead of thirtysix persons, to serve as jurors in the said superior court and court of general sessions respectively, according to the provisions of the twentyfourth section of Article second, Title fourth, Chapter seventh, of the Third Part of the Revised Statutes. § 5. This act shall be in force and take effect immediately upon the passage thereof. An act to alter the time for holding the courts of common pleas and general sessions in the county of Cortland. Passed February 17, 1830. Chap. 37, p. 27. § 1. The terms of the court of common pleas and general sessions in and for the county of Cortland, shali commence on the last Tuesday in January, April and September in each year, instead of the terms now established in said county. §2. This act shall go into operation on the first day of May next. An act in relation to certain proceedings in criminal cases, in the city of New-York, and concerning certain courts therein. Passed February 20, 1830. Chap. 42, p. 29. § 1. A grand jury, to serve at the ensuing March term of the general Grand jury. sessions of the peace in and for the city and county of New-York, may be drawn on any day of the week preceding the commencement of the said term, or during the first week of the said term; and may be summoned by a notice, to be served two days previously, to attend on any day of the said term. § 2. The time for drawing' a grand jury, to serve at any term of the Time for said court after the said March term, shall be at the time of drawing the drawing grand jury. names of jurors for the trial of issues of fact in said court; and all the [Vol. 2, p. existing provisions of the Revised Statutes in relation to grand juries, the 720.1 return and summoning of the jurors, their powers, duties, and liabilities for neglect, are declared to be applicable to the grand jurors so to be drawn for the said March term, or any subsequent term of the said court, except as herein otherwise specially directed. Clerk of the point a de puty. §3. The clerk of the court of oyer and terminer and general sessions of the peace in and for the city and county of New-York, may appoint court to ap some proper person as deputy, to hold his office during the pleasure of the clerk; who, whenever the said clerk shall be absent from the city, or by reason of sickness or any other cause, shall be incapable of performing the duties of his office, may perform all the duties required by law to be done by such clerk; which deputy shall, before he enters on the duties of his office, take the oath of office prescribed in the constitution of this state; and as often as such deputy shall die, resign, or be removed from office, or become incapable of executing the duties of the office, another may be appointed in his place: every such appointment shall be in writing, under the hand of the clerk, and shall be filed in his office. §4. The clerk of the court of general sessions of the peace of the city Clerk of speand county of New-York, shall be the clerk of the special sessions in the cial sessions. said city and county, whose duty it shall be, to enter all the proceedings (Vol. 2, p. of the said court, and the sentences on all convictions had therein, in full, 714.] in a book of minutes to by him kept for that purpose, and to administer the oath or affirmation required by law to be administered in the said court. § 5. Whenever sentence shall be pronounced upon any person con- Transcript of victed of any offence in the said court of special sessions, the clerk thereof conviction shall, as soon as may be, make out and deliver to the sheriff of the said city and county, or his deputy, a transcript of the entry of such conviction in the minutes of the said court, and of the sentence thereupon, duly certified by the said clerk; which shall be sufficient authority to such sheriff or deputy to execute such sentence, and he shall execute the same accordingly. and sentence. [Vol. 2, p. 717.) [Vol. 2, p. § 6. All fines imposed by the said court, shall be received by the Fines. sheriff of the said city and county, who shall, within thirty days after the receipt thereof, pay the same to the treasurer of the said city, in the same 716.] manner and under the same requirements, as fines received by the said sheriff that are imposed by the general sessions of the said city and county. filed. § 7. Transcripts of convictions had in the said court, shall not be re- Transcripta quired to be certified by the magistrates holding the said court, or filed; not to be but a duly certified copy of any such conviction, made by the clerk of the said court, shall be evidence in all courts and places, of the facts contained [Vol. 2, p. therein. 717.1 Common jaile. [Vol. 2, p. 755.] Courts where to be held. [Vol. 2, p. 201, 290.] tices. § 8. The common council may, by ordinance, from time to time, designate any building or buildings within the said city and county, to be the common jails of said city and county, for all the purposes for which common jails may by law be used; and such building or buildings so designated, shall be such common jails, until changed by an ordinance of said common council. § 9. It shall be lawful for the said common council, by ordinance, to provide, from time to time, as the public convenience may require, that the circuit court and courts of oyer and terminer and jail delivery, and general and special sessions, to be held in and for said city and county, shall be held either at the city-hall of said city, or at the building in said city, known as the sessions-hall; and unless otherwise provided by such ordinance, it shall be lawful for the said courts, respectively, by orders to be entered in their minutes from time to time, to direct the holding of their several courts at either of the said places. Assistant jus- $10. Nothing contained in the Revised Statutes, shall be construed to impair the powers and jurisdiction possessed by the assistant justices' courts in the city of New-York, before the enactment of the said statutes; and in every action pending in any such court, the justice shall have the same power to grant an adjournment, on the application of the plaintiff, as by law he has and may do, on the application of the defendant. § 11. The provisions of the one hundred and forty-third section of Title fourth of Chapter second of the Third Part of the Revised Statutes, shall apply to any recovery had before any assistant justices' court in the city of New-York, for any penalty given to the mayor, aldermen, and commonalty or overseers of the poor of said city, and incurred under any law of the state or ordinance of the said city; and the certificate and endorsement required by the said section, shall be made either by the justice or clerk of such court. § 12. All statutes or parts of statutes heretofore enacted, so far as the same are inconsistent with, or repugnant to the provisions of this act, are hereby repealed; and this act shall take effect and be in force, at and immediately after the passage thereof. An act altering the terms of the court of common pleas and general sessions of the county of Schenectady. Passed February 23, 1830. Chap. 54, p. 40. § 1. The terms of the court of common pleas and general sessions of the county of Schenectady, shall hereafter be held on the last Tuesday of April and the first Tuesday of October in each year, instead of the terms of May and September, as now prescribed by law. § 3. This act shall take effect immediately upon the passage thereof. [Section 2, temporary.] An act relative to the liberties of the jail in the city and county of § 1. From and after the passing of this act, all that part of the city and county of New-York lying south of the northerly line of Fourteenthstreet, shall be the jail liberties of the said city and county. |