depute some competent person to serve the summons and complaint in any such action; but the person so deputed to serve such summons and complaint shall not be entitled to any fees or other compensation therefor, except the persons who serve process for the corporation attorney in the city of New-York.

[See § 2239, p. 331, ante, and note thereto.]

CHAP. 305.

AN ACT to amend chapter two hundred and seventy-six of the laws of one thousand eight hundred and forty-six, entitled "An act extending the powers of a justice of the peace as to issuing executions after the term of his office has expired."

PASSED May 17, 1879; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter two hundred and seventy-six of the laws of one thousand eight hundred and forty-six, entitled "An act extending the powers of a justice of the peace as to issuing executions after the term of his office has expired," is hereby amended so as to read as follows:

after expl

ration of

term.

§1. Any justice before whom any judgment shall have been Execution entered, and whose term of office shall have expired, may issue or renew executions on any such judgment after the expiration of his said office, at any time within five years from the time said judg ment shall have been rendered, subject, however, in other respects to the provisions as to issuing executions on justices' judgments. § 2. This act shall take effect immediately.

[See § 3027, and note thereto, pages 74-75, ante.]

Evidence.

§8. The affidavit of the party publishing or posting any notices Proof of required to be posted or published by the provisions of this act, or notices. by any rule, by-law or ordinance made in pursuance thereof, of such

posting or publishing, shall be deemed presumptive evidence thereof in all courts and places and in all actions and proceedings.

[L. 1870, ch. 291, tit. 8, § 8, relating to the incorporation of villages. See L. 1879, ch. 211, below.]

Foreign

corporations, evidence of formation,

etc.

СНАР. 311.

AN ACT in relation to corporations or joint-stock companies of other states, territories, or dominion of Canada. PASSED May 22, 1877.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever, by the laws of any other state or territory, or the dominion of Canada, a copy of the certificate of organization or incorporation or any other certificate, certified or exempli fied by any officer or officers in such state or territory or dominion, is, or shall be prima facie evidence of the due formation, creation existence, organization or capacity of any corporation or joint-stock company, created, organized or located in such state, territory or dominion, or claiming so to be, such certificate or certificates, duly exemplified, or a duly exemplified copy thereof, shall be received in all actions and proceedings in this State, in or before all courts and officers, with the same force and effect in all respects as prima facie evidence as aforesaid, as in such other state, territory or dominion.

CHAP. 211.

AN ACT to amend chapter two hundred and nineteen of the laws of eighteen hundred and seventy-eight, entitled "An act in relation to evidence in civil and criminal cases."

PASSED April 25, 1879.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter two hundred and nineteen of the laws of eighteen hundred and seventy-eight, entitled "An act

in relation to evidence in civil and criminal cases," is hereby amended so as to read as follows:

of acts,

ces, etc., of muni

cipal cor

porations

§ 1. Any act, ordinance, resolution, by-law, rule or proceeding of Evidence the common council of a city, or of the board of trustees of an in- ordinancorporated village, or of a board of supervisors of any county within this State, and any recital of occurrences, taking place at the sessions of any thereof, may be read in evidence on any trial, examination or proceeding, whether civil or criminal, either from a copy thereof certified by the clerk of the city, village, common council or board of supervisors, or from a volume printed by authority of the common council of the city or board of supervisors of the county, or of the board of trustees of any incorporated village.

2. This act shall take effect immediately.

[See § 941, page 237, ante, and § 8, page 391, ante.]

CHAP. 36.

AN ACT to amend the law of evidence and practice on civil and criminal trials.

PASSED February 28, 1880; three-fifths being present.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

son of

writings.

SECTION 1. Comparison of a disputed writing, with any writing compariproved to the satisfaction of the court to be genuine, shall be per- handmitted to be made by witnesses in all trials and proceedings, and such writings and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.

§ 2. This act shall take effect immediately.

Actions by executors.

Actions by and

§ 2. Actions of account, and all other actions upon contract, may be maintained by and against executors, in all cases in which the against

executors.

Administrators'

liabilities.

same might have been maintained, by or against their respective

testators.

[See Laws of 1838, ch. 149 (4 Edm., 505); 6 N. Y., 168.]

§ 3. Administrators shall have actions to demand and recover the rights and debts due to their intestate, and the personal property and effects of their intestate; and shall answer and be accountable to others to whom the intestate was holden or bound, in the same manner as executors.

Trespass

by execu

tors, etc.

Actions for

wrongs.

Exceptions.

Executors

of executors.

4. Executors and administrators shall have actions of trespass against any person who shall have wasted, destroyed, taken or carried away, or converted to his own use, the goods of their testator or intestate in his life-time. They may also maintain actions for trespass committed on the real estate of the deceased, in his lifetime.

[2 R. S., 113, § 1-4 (2 Edm., 117); 13 N. Y., 334; 28 B., 607; 19 B., 471; 16 How. P. R., 279; 25 How. P. R., 289.]

§ 1. For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrongdoer, such action may be brought by the person injured, or after his death, by his executors or administrators, against such wrongdoer, and after his death, against his executors or administrators, in the same manner and with the like effect in all respects, as actions founded upon contracts.

[19 N. Y., 474; 28 B., 607; B., 330; 2 B., 373; 1 B., 230; H. & D., 119; 16 How. P. R., 15, 279, 378; 5 W., 313; 5 D., 477; 1 J. R. 396; 38 B., 20; 25 How. P. R., 286.]

§ 2. But the preceding section shall not extend to actions for slander, for libel, or to actions of assault and battery, or false imprisonment, nor to actions on the case for injury to the person of the plaintiff, or to the person of the testator or intestate of any executor or administrator.

[2 R. S., 447, §§ 1 and 2 (2 Edm., 467); 19 N. Y., 474; 25 How. P. R., 286.]

§ 11. An executor of an executor shall have no authority to com

mence or maintain any action or proceeding relating to the estate, effects or rights of the testator of the first executor or to take any charge or control thereof, as such executor.

[Id., § 11; 19 B., 653; 18 B., 370; 5 Pai., 36.]

Proceedings to recover surplus on tax sales.

tax sales

supervisor.

28. Whenever a surplus arising from the sale of any property Surplus of distrained for taxes, paid over to the supervisor of a town, shall be paid to claimed by any other than the person for whose tax such property was sold, and such claim shall be contested by such person, such claimant shall be entitled to maintain an action against such person; and the person for whose tax such property was sold, may also maintain such action against such claimant, as for money had and received; in which the right of the respective parties to such surplus, shall be tried and determined.

supervisor

§ 29. For the purposes of such action, the defendant shall be Duty of deemed to be in possession of the surplus in the hands of the supervisor. Upon a certified copy of the final judgment that shall have been rendered in favor of either party, being produced to the supervisor, in whose hands such surplus shall be, he shall pay over the same to the party so recovering. And no supervisor shall be liable to any action in favor of any claimant of such surplus, the right of which shall be contested as provided in the fourth section of the third Title of chapter thirteen of the First Part of the Revised Statutes, until he shall have refused to pay over such surplus upon the production of a judgment as aforesaid.

and execи

30. In any action brought pursuant to the two last preceding Judgment sections, no other cause of action shall be joined, nor shall any set- tion, etc. off be allowed; and if an execution issue on a judgment so rendered, it shall direct the costs only of such judgment to be levied thereon. [2 R. S., 555, §§ 28-30 (2 Edm., 576). See 1 R. S., 398, § 4 (1 Edm., 370).]

Penalties.

penalties,

tion of.

§ 15. To direct the payment, by justices of the peace, of all fines Fines and and penalties imposed by and paid to such justices in their respect- disposi ive towns, to the supervisors of such town, on the first Monday in each month, to be applied by them toward the support of the poor of said town, or to the superintendents of the poor, when the support of the poor is a county charge, and to direct the justices of the peace of such town to report the amount of all fines collected by such justices to the board of town auditors on Tuesday preceding the annual town meeting.

[L. 1875, ch. 482, § 1, sub. 15, relating to the powers of boards of supervisors, as amended by L. 1881, ch. 129.]