199d ante-mortem statement shall be entitled to the same rates of mile- §§ 197age as before mentioned, and three dollars per day and fractional parts thereof, and for taking deposition of injured person in extremis, one dollar. [Note 1861.] § [193.] 197. Whenever, in consequence of the performance of Fees of his official duties, a coroner becomes a witness in a criminal proceed- coroner as ing, he shall be entitled to receive mileage to and from his place of witness residence, ten cents per mile, and three dollars per day for each day or fractional parts thereof, actually detained as such witness. This section applies to the county of New York. [Note 1862.] S [194.] 198. A coroner shall have power, when necessary, to Coroners employ not more than. two competent surgeons to make post-mortem may employ examinations and dissections and to testify to the same, and in surgeons to make postcounties where coroners are paid in fees, to employ a stenographer mortem exto take and reduce to writing the testimony of witnesses examined amination before the coroner, the compensation therefor to be a county charge. This section applies to the county of New York. [Note 1863.] Coroner's ability for § 199. Where a person is arrested by a coroner in an action or special proceeding in which the sheriff of a county is plaintiff the coroner is not liable for an escape of the prisoner from the jail, after escape he has been confined therein. [Note 1864.] under under § 199a. The coroner may prosecute an undertaking for [the] Coroner's jail liberties given by a sheriff to [taken by him, and is rights and entitled to all the rights, and subject to all the liabilities, prescribed liabilities by law with respect to a similar undertaking taken by a sheriff. taking given The undertaking may be assigned by him, to the party at whose by sheriff instance the sheriff was arrested; and the same proceedings may be had thereupon, as upon an undertaking taken and assigned by a sheriff in a similar case. [Note 1865.] power, Coroner's authority in civil process to which § 199b. In an action or special proceeding, to which the sheriff of a county is a party, a coroner of the same county has all the and is subject to all the duties of a sheriff, in a cause to which the sheriff is not a party; except as otherwise specially prescribed by sheriff is law. [Note 1866.] gener party execution of § 199c. Where [such] a mandate in a civil action or special pro- Coroner's ceeding which must or may be executed, by a coroner, is directed ally to the coroners of a county, or requires them to do any act, it mandate may be executed, and a return thereto may be made and signed, by one of them; but such an act or return does not affect the others. [Note 1867.] sheriff § 199d. Where a mandate, requiring the arrest of the sheriff of Coroner's the county, is directed to a coroner, he must execute the same in arrest of the manner prescribed by law, with respect to the execution of a similar mandate by a sheriff; and he is authorized to take an undertaking on the arrest, or an undertaking for the jail liberties in a like case, and in like manner, and with like effect, as where such an undertaking may be taken by a sheriff. [Note 1868.] §§ 199e § 199e. Where the actual confinement of a sheriff by a coroner, on 240 a mandate, is required or authorized by law, he must be confined Coroner's confinement of sheriff Action against coroner for escape of prisoner Action against coroner for escape of sheriff Limitation of action against coroner Book for notices of pendency Expense of producing civil prisoner Expenses for jurors Account of committee of incompetent Effect by the coroner, in a house situated within the liberties of the jail of the county, other than the sheriff's house, or the jail, in the same manner as a sheriff is required by law to confine a prisoner in the jail. [Note 1869.] §199f. A coroner acting as sheriff is answerable for an escape of a prisoner, admitted by him to the liberties of the jail, in the same manner and to the same extent, as a sheriff, and may interpose a like defence. [Note 1870.] § 199g. For an escape of the sheriff from the liberties, in a case where he has been arrested and admitted to the liberties of the jail, the coroner is liable, in the same manner, and to the same extent, as a sheriff for a similar escape; and he may make the same defence as a sheriff. [Note 1871.] § 199h. An action against a [sheriff or] coroner, upon a liability incurred by him, by doing an act in his official capacity, or by the omission of an official duty; except the non-payment of money collected upon an execution must be commenced within one year after the cause of action has accrued. [Note 1872.] ARTICLE 15 MISCELLANEOUS § 240, Subd. 22. The expense of procuring a new book, when necessary, in which to record notices of pendency E, must be paid out of the county treasury, as other county charges.] [Note 1873.] § 240, Subd. 23. [Where a person, who has been indicted for a criminal offence, is held by a sheriff, by virtue of a mandate in a civil action or special proceeding, the court, in which the indictment is pending may make an order, requiring the sheriff to bring him before the court; whereupon the court may make such disposition of the prisoner, as to it seems proper.] The sheriff's fees and expenses in [so doing, producing before the court a civil prisoner indicted for a criminal offence, are a county charge of the county wherein the court is sitting. [Note 1874.] § 240, Subd. 24. The amount [so] paid for grand and trial jurors must be raised in the same manner as other county charges are raised. [Note 1875.] § 240, Subd. 25. Where the examination of the accounts and inventories of committees of incompetent persons [provided for herein is made pursuant to the order or direction of a county judge, the expense of such examination as allowed by the county judge directing the examination shall be payable by the county treasurer of the county out of any court funds in his hands upon the order of the county judge directing such examination. [Note 1876.] § 5. This act shall take effect September first, nineteen hundred and sixteen. Debtor and Creditor Law (Provisions from the Code of Civil Procedure down to January 1, 1915, assigned to the Debtor and Creditor Law). Debtor and Creditor Law An Act to amend chapter seventeen of the laws of nineteen hundred and nine, entitled "An Act relating to debtors and creditors, constituting chapter twelve of the Consolidated Laws." The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The Debtor and Creditor Law is hereby amended by adding thereto the following articles and sections: ARTICLE 1A § la. In an action brought to recover a balance due upon a mutual open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side. [Note 1877.] ARTICLE 1B §§ la-lc Accrual of action on account Action by debtor upon claim demanded by § lb. When any sum of money shall be due and payable under or on account of a contract, and the whole, or any part thereof, exceeding fifty dollars in amount, shall be claimed or demanded by adverse claimants thereto, the debtor may bring suit by summons to appear in any court having jurisdiction thereof, and of the parties, demand- adverse ing judgment of interpleader, and that the debtor be permitted to pay the amount of the debt into court, and that such debtor upon such payment into court be discharged from any further liability to any of the parties to the action. [Note 1878.] ARTICLE 1C § 1c. Except in a case where it is otherwise specially prescribed, [in this act] an action upon a judgment for a sum of money, rendered in a court of record of the state, cannot be maintained, between the original parties to the judgment, unless, either or, 1. Ten years have elapsed since the docketing of such judgment; claimants of action on judgment › court of record |