fied, the appellate court may make complete restitution of all property and rights lost by the original judgment. § 42. Section 280 is amended, so as to read as fol lows: § 280. The appeal allowed by the fourth chapter of this title, must be taken, within thirty days, after written notice of the judgment or order shall have been given to the party appealing. § 13. Section 299 is amended, so as to read as fol Ows: § 299. An appeal may in like manner, and within the same time, be taken from an order made by a single judge of the same court, and may be thereupon reviewed, in the following cases: 1. When the order grants or refuses a provisional remedy. 2. When it involves the merits of the action, or some part thereof. 3. When the order is made, upon a summary application in an action after judgment, and affects a substantial right. But no appeal, under this section shall be taken, unless a judge of the same court certify that in his opinion, it is proper, that the question arising on the appeal should be decided before the judgment. § 44. Section 362 is amended, so as to read as follows: § 362. Orders, upon or without notice, or on an order to show cause, may be made according to the existing practice, except as otherwise provided in this act. No order to stay proceedings for a longer time than twenty days shall be granted by a judge out of court, except upon previous notice to the adverse party. 44. Section 361 is amended, so as to read as follows: § 361. Motions must be made within the district in which the action is triable, or in a county 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. 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 jadge of the county, where the action is triable, except to stay proceedings after a verdict. § 44. Section 360 is amended, so as to read as follows: § 360. Motions may be made to a judge, out of court, except for a new trial on the merits. The judges of the supreme court in each district may appoint certain days and places for hearing motions out of court, so that there shall be a motion day in the district once at least in every week, where there is not a general or special term in session therein. The appointment so made shall be signed by at least three of the judges, and published in the newspapers printed at Albany, in which legal notices are required to be published. After such appointment, the judges shall not be obliged to hear motions out of court, at other times. § 46. Section 267 is amended, so as to read as follows: § 267. The clerk shall receive, On every trial, from the party bringing it on, one dollar; On entering judgment, one dollar. He shall receive no other fee, for any service whatever in a civil action, except for copies of papers, at the rate of five cents for every hundred words. The amendment consists in omitting the following sentence: In addition to the above charges, the clerk of the (6 superior court of the city of New-York, and the clerk "of the court of common pleas of the city and county "of New-York, shall receive, for the use of the city of "New-York, to the credit of the fund for payment of "those clerks, one dollar for the entry of every judg"ment, in place of the fees now charged for services of "the judges of those courts, at chambers." The difference between the supreme court and the city courts, in respect to fees, had a tendency to throw business into the former, which the latter could better trans act. § 47. Section 355 is amended, so as to read as follows: § 355. A copy of such order shall be forthwith served on the adverse party, and notice of the time and place of examination given according to the provisions of section 374. The examination may thereupon be taken by such county judge, justice of the peace, or referee; and being certified by him to have been written and subscribed in his presence, and sworn to before him, and being filed with the clerk, may be read by either party on any trial or proceeding in the action, if the witness be dead, or do not reside within one hundred miles of the place of trial, or be unable to atteud. But the court may, on special application, order either party to produce his witnesses, and any such witness to attend in open court, though residing more than one hundred miles from the place of trial: and after such order is made, the written deposition of any witness so ordered to be pooduced shall not be read. The court, before which an action may be pending, or a county judge of the county where the action is to be tried, may on affidavit, showing the necessity of the personal attendance of a witness who resides more than one hundred miles from the place of trial, endorse, on the process for the witness, an order for the attendance of such witness ; the service of such process and order, at least five days before the time for attendance, and the payment of double fees to the witness, shall be effectual, to require the attendance of such witness, under the like liabilities as if he resided within one hundred miles. This amendment is proposed in deference to the opinions of others. While it provides for compulsory attendance beyond 100 miles, upon a judge's order, it places restrictions upon its abuses, and affords better compensation to the witness. |