TITLE 17. $33. Whenever a bond is or shall be required by law to be given by any person, in order to entitle him to any right or privilege conbonds when ferred by law, or to commence any proceeding, it shall not be neces Certain sufficient. Amending defects there Judgments before a divi sion of a county. Prisoners when to be charged in execution. When discharged. sary for such bond to conform in all respects to the form thereof prescribed by any statute, but the same shall be deemed sufficient if it conform thereto substantially, and do not vary in any matter, to the prejudice of the rights of the party, to whom or for whose benefit such bond shall have been given. S34. Whenever such bond shall be defective in any respect, the court, officer or body who would be authorised to receive the same, or to entertain any proceedings, in consequence of such bond, if the same had been perfect, may, on the application of all the obligors therein, amend the same in any respect; and such bond shall thereupon be deemed valid from the time of the execution thereof. $35. Where any county has been or shall be divided, any judg ment that may have been recovered prévious to such division, or after such division upon any proceedings instituted previous thereto, in the court of common pleas of such county, or before any justice of the peace thereof, may be collected by execution to be issued to the sheriff of the county where such judgment shall have been rendered, or to a constable thereof, as the case may require, who shall execute the same, in the same manner as if such division had not been made; and such judgments may be revived, and the like proceedings may be had thereon, as if such county had not been divided. $36. When any defendant, at the time judgment shall be rendered against him, in any court of record, shall be in the custody of a sheriff or other officer, either upon process in the suit in which such judgment shall have been rendered, or upon being surrendered in discharge of his bail in such suit, the plaintiff in such judgment shall charge such defendant in execution thereon, within three months after the last day of the term next following that at which such judgment shall have been obtained. And where any defendant shall be in custody upon a surrender in discharge of his bail, made after a judgment obtained against him, and such bail shall be thereupon exonerated, the plaintiff in such judgment shall charge such defendant in execution thereon, within three months after such surrender, or if an execution against the property of such defendant shall have been issued, within three months after the return day of such execution.24 $ 37. If any plaintiff shall neglect so to charge any defendant in execution, as required in the last section, such defendant may be discharged from custody by a supersedeas to be allowed by any judge of the court in which such judgment shall have been obtained, unless good cause to the contrary be shown; and after being so discharged, (24) 1 R. L. p. 353, § 12. such defendant shall not be liable to be arrested upon any execution TITLE 17. which shall be issued upon such judgment.25 of judgments courts. $ 38. It shall be the duty of the clerk of the supreme court in the Transcripts city of New-York, within six months after this Title shall take effect in U. States as a law, to procure from the clerk of the district court of the United States, for the southern district of New-York, a certified copy of the dockets of all judgments rendered in that court, or in the circuit court of the United States, for that district, and docketed since the first day of January one thousand eight hundred and thirty. ed in certain $39. The said clerk of the supreme court, shall immediately cause To be enter the same to be transcribed into proper books, in the same manner in dockets. which dockets of judgments rendered in courts of record in this state are in this act directed to be entered, leaving proper blanks in such books, to add transcripts of future judgments, in the manner herein after prescribed. clerks at Al Utica. $ 40. Upon completing such transcript, and within one month af- To be sent to ter he shall have obtained such certified copy as herein directed, the bany and said clerk shall transmit such copy to the clerk of the supreme court residing at Albany, who shall immediately, in like manner as herein before directed, cause the same to be transcribed in proper books; and within one month after receiving such copy, shall transmit the same to the clerk of the supreme court in Utica, who shall in like manner transcribe the same into proper books. from U. S. Utica. $ 41. It shall be the duty of the clerk of the supreme court in Uti- Transcripts ca, within six months after this Title shall take effect as a law, to pro- court at cure from the clerk of the district court of the United States, for the northern district of New-York, a certified copy of the docket of all judgments rendered and docketed in that court, either as a district court or as a circuit court, since the first day of January one thousand eight hundred and thirty. scribed and $42. The said clerk shall transcribe such dockets in proper books, To be tran and in the same manner in which dockets of judgments rendered in gent, &c. the southern district of New-York are hereby directed to be entered; and shall within one month after obtaining such copy, transmit the same to the clerk of the supreme court in Albany, who shall in like manner transcribe such copy into proper books; and within one month after the receipt of such copy, shall transmit the same to the clerk of the supreme court in New-York, to be in like manner transcribed into proper books. scripts here $43. At the respective times when the clerks of the supreme court Such tranin New-York and Utica, are by law required to transmit certified co- after to be pies of dockets of judgments in the said court, they shall respectively procure from the clerk of the district court of the United States of that (25) 1 R. L. p. 353, § 12. obtained, &c. [PART III. TITLE 17. district in which they reside, certified copies of all dockets of judgments rendered in such district court, or in the circuit court of such district, and docketed since the last certified copies of such dockets were obtained; they shall respectively transcribe such copies into the books provided as herein before specified, and shall transmit such copies to the clerk of the supreme court at Albany, to be in like manner transcribed by him, and when so entered, to be transmitted by him to the clerk of the supreme court in New-York, or to the clerk of that court in Utica, as the case may be, who shall respectively transcribe the same in the books herein before specified. Entering dockets. Expensos how paid. Fees for searches, &c. $44. The docket of judgments rendered in the southern and northern districts, shall be entered in the same books, noting in the margin of such dockets respectively, the court in which such judgments were rendered. $45. The expense of procuring the certified copies of dockets of judgments, as herein required, of transcribing the first of the said certified copies which shall be so procured, of procuring the necessary books for that purpose, and of the postage of the several copies which shall be transmitted as herein required, shall be paid out of the treasury, on being audited and allowed by the comptroller. $ 46. The clerks of the supreme court shall be entitled to the same fees for searches and for certified copies from any of the dockets so entered by them, as are allowed by law for similar services in respect to dockets of judgments rendered in the supreme court. CHAP. IX. Of the Writ of Habeas Corpus; of Writs of Error, Appeals, Informations, and Proceedings commenced by any Special Writ. TITLE 1. Of the writs of habeas corpus and certiorari, in certain cases. TITLE 2.-Of proceedings by scire facias, by information in certain cases, mandamus, prohibition, and ad quod damnum. TITLE 3. Of writs of error, and appeals. TITLE I. OF THE WRITS OF HABEAS CORPUS AND CERTIORARI, IN CERTAIN CASES. ART. 1. Of the writ of habeas corpus, to bring up a person to testify, or to answer in certain cases. ART. 2. Of the writs of habeas corpus and certiorari, when issued to inquire into the cause of detention. ART. 3.-General provisions. ARTICLE FIRST. Of the Writ of Habeas Corpus, to bring up a Person to testify, SEC. 1. Habeas corpus to bring up prisoners to testify. 3. Officers who are authorised to allow writ. 4. May be had in suits before justices, in certain cases. 5. Prisoners in execution, &c. to be remanded. 6. When writ to issue to take fugitives from service. 7. Proof necessary to entitle to writ. 8. Sheriff how to execute writ. 9. Proceedings on hearing claim. 10. Fugitive when to be discharged; penalty on claimant. 11. How and when claimant entitled to take fugitive. 12. Authority of claimant under certificate. 13. Fees and expenses to be paid by claimant; when. 14. Penalty on justices, &c. granting process to arrest fugitives, &c. 15. Fugitive entitled to writ of homine replegiando. 16. Security when to be given by fugitive. 17. Proceedings on habeas corpus suspended. 18. Fugitive not to be taken, &c. except as herein authorised. ART. 1. pus to testify. SECTION 1. Every court of record shall have power, upon the ap- Habeas corplication of any party to any suit or proceeding, civil or criminal, pending in such court, to issue a writ of habeas corpus, for the purpose of bringing before the said court, any prisoner who may be detained in any jail or prison within this state, for any cause except a sentence for a felony, to be examined as a witness in such suit or proceeding, in behalf of the party making the application. $ 2. Every such application shall be verified by affidavit, and shall Application state, 1. The title and nature of the suit or proceeding, in regard to which the testimony of such prisoner is desired: and, 2. That the testimony of such prisoner is material and necessary to such party, on the trial or hearing of such suit or proceeding, as he is advised by counsel, and verily believes : If the application be made by the attorney-general or the district attorney, it shall not be necessary to swear to such advice or counsel. for, how made. may allow S3. Such writ may also be issued by the chancellor or any jus- Officers wiss tice of the supreme court, or any officer authorised to perform the du- writ." ties of such justice, upon the like application of a party to any suit or proceeding pending in a court of record, or pending before any officer or body who may be authorised to examine witnesses, in any suit or proceeding. had in suite ces. $4. Such writ may also be issued by any of the officers aforesaid, When to be upon the application of a party to a suit before any justice of the before jushpeace, to bring any prisoner confined in the jail of the same county, or the county next adjoining that where such justice may reside, before such justice, to be examined as a witness. TITLE L Certain pri remanded. $5. Whenever any person shall be in execution on any civil process, or committed on any criminal charge, and a habeas corpus Boners to be shall be issued to bring the body of such prisoner before any court to testify, or to answer for any contempt or any other matter, and it be returned upon the writ, that the prisoner is charged in execution, or committed as aforesaid, he shall be remanded, after having testified; and if any order or commitment be made against such prisoner, he shall be so committed to the prison from which he was taken.1 S6. Whenever any person legally held to labor or service in any state or territory of the United States, shall escape into this state, the person entitled to the services of such fugitive, or the agent of such person duly authorised by him, upon making due proof of such title, to any court or officer authorised to issue writs of habeas corpus under the second Article of this Title, shall be entitled to a writ of habeas corpus, to be directed to the sheriff of the county where such fugitive shall be, commanding such sheriff to take the body of such fugitive, and have him before the court or officer issuing such writ, on a day therein to be specified, to answer to such claim. $7. The proof to entitle any person to such writ, shall be by affidavit, setting forth minutely and particularly the ground of such claim to the services of such fugitive, the time of the escape of such fugitive, and where he then is. $ 8. The sheriff to whom such writ shall be directed and delivered, shall execute the same, by arresting and taking the body of such fugitive, and bringing him before the officer or court before whom such writ shall be returnable. $ 9. Such officer or court shall proceed to hear the allegations and proofs of the parties; and shall, if required, allow a reasonable time to either party, to procure further necessary proof; and in such case, shall commit such fugitive to the custody of the sheriff of the county, for safe keeping; or may take a bond, in such penalty as shall be deemed satisfactory, with sufficient sureties, to the person claiming the services of such fugitive, conditioned that such fugitive shall appear before such court or officer, at the time and place therein specified, to abide the order and decision of such court or officer, in relation to such claim. $10. If upon the hearing of the parties, such court or officer shall be satisfied that the person claiming the service of such fugitive, is not entitled thereto, such fugitive shall be discharged; and the person making such claim, shall forfeit to such fugitive, one hundred dollars, and such fugitive shall also be entitled to recover of such person, the costs and expenses incurred by him, and the damages he may have sustained. (1) 1 R. L. p. 425, § 20. |