Upon cer- § 328. Upon the appeal allowed by the second and third in appeals chapters of this title being perfected, the clerk with whom the notice of appeal is filed, shall, at the expense of the appellant, forthwith transmit to the appellate court a certified copy of the notice of appeal and of the judgment roll, or, if the appeal be from an order or any part thereof, a certified copy of such order and of the papers upon which the order was granted. cd. $331 amend. § 14. Section three hundred and thirty-one, of the code of procedure, as amended by chapter seven hundred and twenty-three, of the laws of eighteen hundred and fiftyseven, is amended so as to read as follows: Appeal to peals. § 331. The appeal to the court of appeals under subdivicourt of ap- sion two, of section eleven of this code, must be taken within sixty days after written notice of the order shall have been given to the party appealing; every other appeal allowed by the second and third chapters of this title, must be taken within two years after the judgment shall be perfected, by filing the judgment roll. § 15. Section three hundred and forty-four of the code of procedure is hereby amended so as to read as follows: § 344. An appeal may be taken to the supreme court, from the judgment rendered by a county court or by the mayor's courts, or the recorder's courts of cities. § 16. Section three hundred and fifty-four, of the code of procedure, as amended by chapter seven hundred and twenty-three, of the laws of eighteen hundred and fiftyseven, is hereby amended so as to read as follows: § 354. The notice of appeal must, within the same time, be served on the justice, personally, if living and within the county, or on his clerk if there be one, and on the respondent, personally, or by leaving it at his residence, with some person of suitable age and discretion; or in case the respondent is not a resident of such county, or can not, after due diligence, be found therein, in the same manner, on the attorney or agent, if any, who is a resident of such county, who appeared for the respondent on the trial; and if neither the respondent nor such agent or attorney can be found in the county, the notice may be served on the respondent by leaving it with the clerk of the appellate court, and the appellant must, at the time of the service of the notice of appeal on the justice, or on his clerk, as herein provided, (except in cases of appeals from the district courts in the ral term of court of city of New York, and the general term of the marine court of the city of New York), pay to such justice or clerk, the Costs of costs of the action, included in the judgment, together with action. two dollars, costs of the return, which shall be included in the judgments for costs on reversal. In all cases of appeal Appeals from the general term of the marine court of the city of from gene. New York, and from the district courts of the city of New marine York, to the court of common pleas, for the city and county New York. of New York, the appellant shall, at the time of the service. of the notice of appeal, pay to the clerk of the marine court, or to the justice or clerk of the district court, two dollars, as costs of the return to such court of common pleas, which costs so paid, shall be included in the judgment for costs, in case the judgment of the court below shall be reversed; and the appellant shall also execute, on the appeal, a written undertaking on his part, with one or more sufficient sureties, to the effect that the appellant will pay all costs, disbursements, and extra costs, awarded against him in the court below, if such judgment shall be affirmed by the appellate court, on such appeal, together with all costs and damages which may be awarded against him thereon; such sureties to justify in double the amount specified in the undertaking; such undertaking and the sufficiency of the sureties to be approved by the justice of the court below, or one of the judges of the court of common pleas, or the appellant may deposit with the clerk of the court of common pleas, the costs, disbursements and extra costs, included in the judgment in the court below, and the sum of fifteen dollars, to meet any costs that may be awarded against him in such appeal; and such appeal from the general term of the Appeal, &c. marine court and the district court, shall be ineffectual unless within the time specified for bringing the appeal, the appellant execute such undertaking or make such deposit; the undertaking, when executed and approved, to be filed with the clerk of the court of common pleas; the amount so deposited shall be repaid by said clerk, to the appellant, if he succeed on the appeal; and in case the judgment be affirmed, the said clerk shall, after execution is issued, pay over the amount so deposited, to the respondent, which shall be credited on the execution issued on the judgment of affirmance, to the extent thereof, and the balance, if any, on the execution issued on the judgment appealed from. § 17. Section three hundred and ninety-nine of the code $399 amendof procedure, as amended by chapter three hundred fifty ed. Ten days' notice. Sub. 3, 4 and 5, § 401 amended. Orders made by court. Motions &c. three of the laws of eighteen hundred and fifty-seven, is hereby amended as follows: By inserting after the words "ten days' notice" whenever they occur in said section, the words following: "if the action be in a court of record, and in all other cases, four days' notice." § 18. Subdivision three, four and five, of section four hundred and one, 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: 3. Orders made out of court, without notice, may be made by any judge of the court, in any part of the state; and they may also be made by a county judge of the county where the action is triable, except to stay proceedings after verdict. 4. Motions upon notice must be made within the district upon notice, in which the action is triable, or in a country* adjoining that in which it is triable, except that where the action is triable in the first judicial district, the motion must be made therein, and no motion upon notice can be made in the first judicial district, in an action triable elsewhere. Motion to 5. In all the districts, a motion to vacate or modify a vacate, &c. provisional remedy and an appeal from an order allowing a provisional remedy, shall have preference over all other motions. $460 amended. Appeals to peals. § 19. Section four hundred and sixty of the code of procedure, as amended by chapter three hundred and ninetytwo, of the laws of eighteen hundred and fifty-two, is hereby amended by striking out the word "section," and inserting in place thereof the word "provision," and by adding at the end of the section the following words: "In all cases of appeal to the court of appeals, in actions court of ap. which were originally commenced in the late court of chancery of this state, the court of appeals shall review the cause upon the facts and the law, without any statement or specification of facts found, or any exception taken, at the trial of any or either of them. And it shall be, and is hereby declared to be the duty of the court of appeals, in any and all such cases, to review the whole matter upon the evidence as well as the law.". § 244 amended. § 20. Section two hundred and forty-four of the code of procedure, is hereby amended by adding to the fourth sub* So in the original. division the words: "and in like cases of the property within this state of foreign corporations." § 21. Subdivision one of the said section, is amended by adding thereto as follows: "except in cases where judgment upon failure to answer may be had without application to the court." Chap. 307. AN ACT to provide for a report of the Canal Board, as to certain damages alleged to have been sustained by Winchester R. Powell, John S. Gay, John P. Cowing, Calvin Hall, and William Arnett, at Seneca Falls. Passed April 17th, 1858. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The canal appraisers are hereby required to investigate the claims of Winchester R. Powell and John S. Gay, and John P. Cowing, Calvin Hall and William Arnett for alleged damages to their property at Seneca Falls, in Seneca county, occasioned by the breaking away of the cofferdam, in the Seneca river, and by the discharge of the water from the Cayuga and Seneca canal and the basin connected therewith, over the unfinished bank thereof, or spill way, near the premises of said claimants, on about the ninth day of November, eighteen hundred and fifty-seven, and made a final report of the facts in the case to the canal board; and the said board shall review the facts so reported, and if in their opinion the state is liable for such damages, they shall report that fact, with the evidence on which it is founded, to the next legislature, together with the estimate of the damages which they have sustained. § 2. This act shall take effect immediately. Commis. appointed. Chap. 308. AN ACT to authorize the appointment of Commissioners to take the proof and acknowledgment of deeds, and other instruments, aud to administer oaths in Great Britain and France. Passed April 17th, 1858. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The governor of this state is hereby authorsioners, how ized to appoint and commission one or more, and not exceeding three commissioners, in each of the following cities: London, Liverpool and Glasgow in Great Britain, and Paris and Marseilles in France, who shall continue in office for four years, and until a successor shall be appointed, and shall have authority to take the acknowledgment or proof of the execution of any deed or written instrument to be recorded or read in evidence in this state, except bills of exchange, promissory notes, and last wills and testaments; and also to administer an oath or affirmation to any person or persons who may desire to take the same, and to certify the taking of such oath or affirmation, and also to certify the existence of any patent, record or other document, remaining of record in any public office or official custody in Great Britain or France and the correctness of a copy of any such patent, record or other document. The certificate of any one of such commissioners, under his official seal, and subscribed by him, in regard the acknowledgment or proof of the execution of any such deed or written instrument, or the taking of such oath or affirmation, or the existence or correctness of a copy of such patent, record or document when authenticated by the secretary of state, as hereinafter mentioned, shall have the same effect to authorize the recording or reading in evidence of such deed or written instrument, oath or affidavit, patent, record or document, as is given by law to like certificates made by justices of the supreme court of this state, or to |