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appeal, as shall be determined on appeal, and all damages and costs which shall be awarded against the appellants. If the order appealed from direct the assignment or delivery of papers or documents by the appellant, the papers ordered to be assigned or delivered, must be delivered to the clerk with whom such proceedings are filed, or placed in the hands of such officer or Receiver, as the Judge having made the order shall direct, to abide the event of the appeal, and subject to the order of the Supreme Court. If the order appealed from direct the sale of the real estate of the appellants or the del very of possession by them, a written undertaking must be entered into by him, with two sureties, satisfactory to the Judge making the order, and filed with such clerk, to the effect that during the possession of such property by him, or any person holding under him, he will not commit or suffer any waste thereon, and that if the order be affirmed he will pay the value of the use of such property from the time of the appeal until the delivery of possession thereof.

turn to Supreme

(4816.) SEC. 13. When all acts, matters and things required Notice of appeal. by the last preceding section shall have been done by the appellant, notice that such appeal has been taken shall be given in writing to the opposite party or his attorney, if either is to be found in the county; if not, such notice may be left with such clerk, and upon proof to such clerk that such notice Clerk to make rehas been given as aforesaid, such clerk shall, within ten days, Court. attach together all the orders in the proceedings appealed from, and all the affidavits upon which any of them are founded, in the order of their dates, and shall attach thereto all the testimony and examinations of parties and witnesses, which shall have been filed with him in relation thereto, and shall certify them under the seal of the Circuit Court, and cause the same to be delivered to the proper Clerk of the Supreme Court, and the same shall be filed by such Clerk in the Supreme Court, and thereupon the Supreme Court shall be possessed of

the cause.

may reverse

of

(4817.) SEC. 14. On such appeal the Supreme Court may Supreme Court reverse, affirm or modify any such order appealed from, in any affirm order. particular complained of in the affidavit upon which the appeal is founded. They may, for that purpose, look into all the proceedings, and the facts as stated in the evidence returned on the appeal; and they may order a rehearing of May order a re the whole matter, or any part thereof, before the Judge making the order, or they may make such final order in the premises

hearing.

Final decree,

Receipt of officer holding Execu

charge of debt

debtor.

and award such costs as justice may require; and such last named order shall have all the force and effect of a final decree in a Court of Equity, according to the laws existing at the time of the passage of this act; and may be recorded in the same manner, and enforced under such general or special rules as said Court may adopt.

(4818.) SEC. 15. After the issuing of execution by any tion to be dis Court against or for the taking of any property, any person due to judgment indebted to the judgment debtor may pay to the officer having the execution the amount of his debt, or so much thereof as shall be necessary to satisfy the execution, and the receipt of the officer having such execution shall be a sufficient discharge therefor.

Sections 24 and

25, of Chapter 90

repealed.

(4819.) SEC. 16. Sections twenty-four and twenty-five of of R. S. of 1846, chapter ninety, of the Revised Statutes of eighteen hundred and forty-six, are hereby repealed; and after this act shall take effect, no bill in equity shall be instituted or maintained, except such cases as may be then pending for the discovery of any property, money or things in action belonging to the defendant in such judgment, or held in trust for him. (a)

Last Section re

pealed with sav

An Act to Re-enact Sections Twenty-Four and Twenty-Five of Chapter Ninety of the Revised
Statutes, and to Repeal Section Sixteen of an Act to prohibit the Maintaining
Suits in Equity, approved June 28, 1851.

[Approved February 12, 1855. Took effect May 16, 1855. Laws of 1855, p. 270]

SECTION 1. (b)

(4820.) SEC. 2. Section sixteen of an act entitled, "An ing of rights, etc. Act to prohibit the maintaining suits in Equity by Judgment Creditor's bill, to provide a remedy at law in lieu thereof, and to repeal Sections twenty-four and twenty-five of Chapter ninety of the Revised Statutes of eighteen hundred and fortysix;" approved June 28, 1851, is hereby repealed, reserving all rights that may have accrued by virtue of any proceedings under said act: And, Provided, That all suits and proceedings heretofore commenced and now pending under the same, may be prosecuted as fully as if the same was not repealed. (c)

(a) See the Act next following.

(b) Re-enacts Sections 24 and 25, of Chapter 90 of R. S. of 1846, with an amendment, as given in Chapter 115.

(c) The addition of this saving clause would seem to indicate a supposition on the part of the Legislature that the Act of June 28, 1851, was no longer in force, except for the purposes of completing proceedings commenced under it. It will be seen, however, that no part of it is repealed except the last Section.

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R. S. of N. Y.,
Title 2, Chapter 8,
Part 3.

bring suit.

(4821.) SECTION 1. When an infant shall have any right of Right of infant to action, to recover any real property or the possession thereof, 2 Paige, 374. or to recover any debt or damages, he shall be entitled to maintain a suit thereon; and the same shall not be deferred or delayed, on account of such infant not being of full age. (4822.) SEC. 2. Before any process shall be issued in the Next friend to bo name of an infant who is sole plaintiff in any suit, a competent in Wendell, 164. and responsible person shall be appointed to appear as next' friend for such infant in such suit, who shall be responsible for the costs thereof.

appointed.

12 do 191.

pointment to be

(4823.) SEC. 3. Such appointment shall be made as follows: By whom ap1. If the suit is intended to be brought in the Circuit Court, made. by any Judge thereof, or any Master in Chancery, or Circuit Court Commissioner;

2. If intended to be brought in the County Court, by the Judge thereof, or a Circuit Court Commissioner.

(4824.) SEC. 4. It shall be made on the petition of the infant, upon what pa and the written consent of the person proposed to be nextPaige, 374 friend to such infant, duly acknowledged before, or proved to

the officer making the appointment.

When Bond may be required of next friend.

Where Bond to be filed, etc.

Order to be filed.

Guardian for defendant.

How appointed.

Proceedings to

compel appoint

ment dian.

(4825.) SEC. 5. Before any person shall be appointed next friend for an infant in any suit to recover any debt or damages, he shall, if required by the officer to whom application for such appointment shall be made, execute a bond to such infant, in a penalty at least double the amount claimed in such suit, with such sureties as shall be approved by such officer, conditioned that such next friend shall duly account to such infant for all moneys which may be recovered in such suit.

(4826.) SEC. 6. Such bond shall be delivered to such officer before the appointment shall be made, and shall be by him filed in the office of the Judge of Probate of the county in which such infant resides; and such officer shall be entitled to receive from such next friend the fee allowed by law to such Judge of Probate for filing such bond, to be paid by him.

(4827.) SEC. 7. The order for the appointment of a next friend shall be filed in the office of a Clerk or Register of the Court, before any declaration or bill shall be filed in such

cause.

(4828.) SEC. 8. After the issuing and service of process against any infant defendant, or the service of a declaration, if the suit be commenced by declaration, the suit shall not be any further prosecuted, until a guardian for such infant shall have been appointed.

(4829.) SEC. 9. Such appointment shall be made upon the request of such defendant, and upon the written consent of any competent person proposed as guardian, by the Court, or any Master in Chancery, if the suit be commenced in Chancery, or by any Justice of the Supreme Court, or Circuit Court Commissioner, if the suit be commenced in the Circuit Court; and if commenced in the County Court, by the Judge thereof, or a Circuit Court Commissioner, and shall be filed in the office of a Register or Clerk of the Court before any plea or answer be put in.

(4830.) SEC. 10. If such infant defendant neglect, for twenty of Guar days after the return day of the process, or service of the decla ration by which the suit was commenced, to procure the appointment of a guardian to defend the suit, the plaintiff may 7 Wendell, 489. obtain an order from any Judge or officer of the Court mentioned in the preceding section, requiring such infant to procure the appointment of a guardian within ten days after the service of such order.

Ibid.

(4831.) SEC. 11. If a guardian be not appointed within the time specified in such order, the Judge or officer granting the

same, shall appoint some discreet person to be guardian for such infant, in the defence of such suit.

(4832.) SEC. 12. No person appointed guardian for the pur-Liability for costs. pose of defending a suit against an infant, shall be liable for

the costs of such suit, unless specially charged by the order of

the Court for some personal misconduct in such cause.

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tions may sue in ing security for

(4833.) SECTION. 1. A foreign corporation created by the Foreign Corporalaws of any other State or country, may prosecute in the Courts this State on giv of this State, in the same manner as corporations created under costs. the laws of this State, upon giving security for the payment of the costs of suit, in the same manner that non-residents are required by law to do.

(4834.) SEC. 2. But when, by the laws of this State, any act Exceptions. is forbidden to be done by any corporation, or by any associa tion of individuals, without express authority by law, and such act shall have been done by a foreign corporation, it shall not be authorized to maintain any action founded upon such act, or upon any liability or obligation, express or implied, arising out of, or made or entered into in consideration of such act. (4835.) SEC. 3. Suits against corporations may be commenced Suits against Cor by original writ of summons, or by declaration, in the same commenced

porations, how

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