'302-345] TITLE CHAPTER V. OF SUITS RELATING TO REAL PROPERTY. I. OF THE ACTION OF EJECTMENT. II.-PROCEEDINGS TO COMPEL THE DETERMINATION OF CLAIMS TO REAL PROPERTY IN CERTAIN CASES. TITLE III. OF THE PARTITION OF LANDS OWNED BY SEVERAL PERSONS. TITLE VI. OF TRESPASS ON LANDS. TITLE VII.--GENERAL PROVISIONS CONCERNING ACTIONS RELATING TO TITLE VIII.---PROCEEDINGS TO DISCOVER THE DEATH OF PERSONS, UPON WHOSE LIVES ANY PARTICULAR ESTATE MAY DEPEND. So much of chapter 5, as had not been previously repealed, was repealed by L. 1880, ch. 245.] CHAPTER VI. OF PROCEEDINGS IN PERSONAL ACTIONS BROUGHT TITLE I.—OF THE COMMENCEMENT OF SUITS AND THE PROCEEDINGS TITLE II.-OF PLEADINGS AND SET-OFFS. TITLE III.-OF THE ASSESSMENT OF DAMAGES UPON DEFAULT. TITLE IV.-OF JUDGMENTS. TITLE V. OF EXECUTIONS, AND THE DUTIES OF OFFICERS THEREON. GRESS OF AN ACTION AT LAW. [So much of this chapter, as had not been previously repealed, was repealed by L. 1830, ch. 245.] [346-385] TITLE 3. [386] [387] CHAPTER VII. MISCELLANEOUS PROVISIONS OF A GENERAL NATURE, TITLE I.-OF THE ABATEMENT OF SUITS BY DEATH, MARRIAGE, OR TITLE II.-OF THE REMOVAL OF CAUSES BEFORE TRIAL OR JUDGMENT, [Repealed.] TITLE VI.-OF THE POWERS AND DUTIES OF SHERIFFS, CORONERS AND OTHER OFFICERS, IN THE ARREST AND IMPRISONMENT OF TITLE I. Of the Abatement of Suits by Death, Marriage, or otherwise, and of their Of the Removal of Causes before Trial or Judgment, from inferior Courts. [Repealed by L. 1877, ch. 417; except §§ 15 and 16, which were repealed by L. 1880, ch. 245.] ART. 1.—Of taking, conditionally, the testimony of witnesses within this state. [Repealed by L. 1877, ch. 417.] ART. 2.-Of taking the testimony of witnesses out of this state. [Repealed by L. 1877, ch. 417.] ART. 3.-Of affidavits taken, and other judicial proceedings had in other states and foreign countries. [Repealed by L. 1877, ch. 417.] ART. 4.-Of depositions taken in this state, to be used in courts of other states and countries. [Repealed by L. 1877, ch. 417.] ART. 5.-Of proceedings to perpetuate testimony. [Repealed by L. 1877, ch. 417.] ART. 6. Of witnesses, their privileges, and compelling their attendance. [Repealed by L. 1877, ch. 417.] ART. 7.-Of documentary evidence, and the preservation thereof. ART. 8.-Of the examination of witnesses, of certain rules of evidence, and of evidence in certain cases. ART. 9.-Of the administration of oaths and affirmations. ᎪᏒᎢ. 7. [Repealed.] ARTICLE SEVENTH. OF DOCUMENTARY EVIDENCE, AND THE PRESERVATION THEREOF. SEC. 56-62. [Repealed.] 63. Clerks, etc., to receive papers offered for safe keeping. 64. Papers, how to be endorsed, filed and kept. 65. Not to be delivered out, except in certain cases. 66. But open to public examination. 67. Certain officers to receive wills, for safe keeping. 68. Will how to be enclosed and endorsed; not to be opened, etc. 69. To whom will to be delivered. 70. Surrogate to open will on death of testator, etc. [Sections 56-62 were repealed by L. 1877, ch. 417.] [404] offered for received. § 63. The clerk of every county in this state, and the register of Papers deeds in the city and county of New York, upon being paid the safe keepfees allowed therefor by law, shall receive and deposit in their ing to be offices respectively, any deeds, conveyances, wills, or other papers or documents, which any person shall offer to them for that purpose; and shall give to such person a written receipt therefor. § 64. Such instruments, papers and documents, shall be properly How to be endorsed, so as to indicate their general nature and the names of the parties thereto, shall be filed by the officer receiving the same, stating the time when received, and shall be deposited and kept by him and his successor in office, with his official papers, in some place separate and distinct from such papers. endorsed and kept. delivered § 65. The instruments, papers and documents so received and Not to be deposited, shall not be withdrawn from such office, except on the out, &c. order of some court of record, for the purpose of being read in evidence in such court, and then to be returned to such office; nor shall they be delivered without such order, to any person, unless upon the written order of the person or persons who deposited the same, or their executors or administrators. amined § 66. Such instruments, papers and documents so deposited, shall May be exbe open to the examination of any person desiring the same, upon publicly. payment of the fees allowed by law. received § 67. The clerk of every county in this state, the register of deeds Wills to be in the city and county of New York, and the surrogate of every for safe county, upon being paid the fees allowed therefor by law, shall keeping. receive and deposit in their offices respectively, any last will or tes- [405] tament which any person shall deliver to them for that purpose, and shall give a written receipt therefor to the person depositing the same. sealed up, § 68. Such will shall be enclosed in a sealed wrapper, so that the Will to be contents thereof cannot be read, and shall have endorsed thereon &c. the name of the testator, his place of residence, and the day, month and year when delivered; and shall not, on any pretext whatever, be opened, read or examined, until delivered to a person entitled to the same, as herein after directed. TITLE 3. To whom to be deliv. ered. Will, when to be surrogate, &c. § 69. Such will shall be delivered only, 1. To the testator in person: or, 2. Upon his written order, duly proved by the oath of a subscribing witness: or, 3. After his death, to the persons named in the endorsement on the wrapper of such will, if any such endorsement be made thereon: or, 4. If there be no such endorsement, and if the same shall have been deposited with any other officer than a surrogate, then to the, surrogate of the county. § 70. If such will shall have been deposited with a surrogate, or opened by shall have been delivered to him as above prescribed, such surrogate, after the death of the testator, shall publicly open and examine the same, and make known the contents thereof, and shall file the same in his office, there to remain until it shall have been duly proved, if capable of proof, and then to be delivered to the person entitled to the custody thereof; or until required by the authority [406, 407] of some competent court to produce the same in such court. L. 1877, Chap. 311-An act in relation to corporations or joint-stock companies of other states, territories, or dominion of Canada. Evidence of corporate existence of foreign corporations. 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 exemplified 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. L.1877, Chap. 319-An act making certified copies of records in the offices of the comptroller of the state of New York and the treasurer of the state of New York evidence in the courts of this state. Evidence. SECTION 1. Copies of all the official records in the offices of the comptroller and treasurer of this state, certified by the officer in whose office they are kept, shall in all cases be evidence equally and in like manner as the originals. L. 1878, Chap. 219-An act in relation to evidence in civil and criminal cases. Evidence of acts, ordinances, etc., of municipal corporations. SECTION 1. Any act, ordinance, resolution, by-law, rule or proceeding of the common council of a city, or any of the board of trustees of an incorporated village, or of a board of supervisors of 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 |