may be included therein, when it is in favor of the ty liable therefor:

par

1. For serving a summons or execution, and making return, including a copy, when there is no arrest or attachment of property, for each defendant served, twenty cents:

2. When the defendant is arrested; for serving the summons, making the arrest, and giving notice to the plaintiff, including copies and return, forty cents for one defendant, and twenty cents for each defendant, more than one, arrested:

3. When property is attached; for serving summons, attaching property, including copies, inventories and return, fifty cents for one defendant, and ten cents for each defendant more than one:

4. For travel; going to serve a summons, or give notice to the plaintiff, or to arrest a debtor on execution, or to summon a jury, six cents for each mile more than one; to be computed for one person only, from the justice's office to the place where the service is made; but when there is more than one defendant included in the same summons or execution, and in the case of summoning a jury, the constable must certify in his return the number of miles actually and necessarily travelled to make the service on all the persons served, and his fees shall be accordingly; when a debtor is arrested on execution and committed to jail, ten cents for each

mile, from the place where the arrest is made, to the jail :

5. For collecting money on execution, and paying it over where property is not sold: four cents for every dollar collected to fifty dollars, and two cents for every dollar above fifty. For advertising property, twentyfive cents; for selling property, fifty cents:

6. When an execution is settled by the parties while in the constable's hands, he is entitled to receive from the party in whose favor it was issued, his fees for travel, and service actually performed, and one half the fees he would have been entitled to for collecting and paying

over.

§ 1158. A witness, is entitled to receive from the party in whose behalf he attends, to be included in a judgment in favor of the party liable therefor, as follows:

If a resident of the city, village or town where the trial is had, twelve and a half cents; in other cases, twenty-five cents; also, four cents for each mile's actual travel, going from his residence to the place of trial and returning.

§ 1159. Jurors are entitled to receive fees from the party who demands a jury trial, to be included in a judgment in his favor, twenty-five cents for attending, whether sworn or not, and the same fee for another attendance pursuant to adjournment, from the party applying therefor.

§ 1160. Upon an execution issued on a justice's judgment docketed in a county clerk's office, the same fees are allowed as on executions issued by a justice; except that when real property is sold, the printer's fees for advertising may be charged in addition, and also, the same fees for a certificate of sale, and for a sheriff's deed, as are allowed in the supreme court.

§ 1161. If a justice, constable, witness or juror receive greater fees than are allowed by law, the excess may be recovered back, even though they may not be included in the judgment.

The changes made in the fees are considerable, and are adjusted like those in the higher courts by the result attained, and the state of the action rather than by the numbers of steps taken to arrive at any particular stage. The items are few in number, but respectable in the amount of compensation for the average services required. Whether they are too large or too small, the legislature can determine quite as well or better than the Commissioners. But recollecting a resolution of the assembly in 1848, in relation to filling the blanks in sections regulating costs in the higher courts, the Commissioners have deemed it their duty to specify sums here leaving it to the legislature to adopt or change them as it may seem fit.

TITLE XII.

OF APPEALS IN CIVIL ACTIONS.

CHAPTER I. Appeals in general.

II. Appeals to the court of appeals.

III. Appeals to the supreme court from an inferior court.

IV. Appeals in the supreme court, and the superior court, and the court of common pleas of the city of New-York, from a single judge to tha general term.

V. Appeal to the court of common pleas of the city of New-York, or to a county court, from an inferior court.

CHAPTER I.

APPEALS IN GENERAL.

SECTION 1162. Judgments and orders reviewed as prescribed in this title.

1163. Orders made out of court, how reviewed.

1164. Any party aggrieved may appeal.

1165. Parties how designated on appeal.

1166. Appeals made by serving and filing notice with clerk.

1167. Clerk to transmit papers to appellate court.

1168. Intermediat orders affecting the judgment, reviewed on appeal.

1169. What judgment may be given on appeal.

1170. Certain appeals to be within one year.

1171. Other appeals within sixty days.

1172. Appellant to furnish papers to the court.

§ 1162. A judgment, or order, in a civil action, may be reviewed as prescribed by this title, and not otherwise.

Amended Code, § 323.

§ 1163. An order, made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it, or may be vacated

or modified on notice, in the manner in which other

motions are made.

Amended Code, § 324.

§ 1164. Any party aggrieved may appeal in the cases prescribed in this title.

Amended Code, §325.

1165. The party appealing, is known as the appellant, and the adverse party as the respondent. But the title of the action is not to be changed, in consequence of the appeal.

Amended Code, § 326.

§ 1166. An appeal must be made by the service of a notice in writing, on the adverse party, and on the clerk with whom the judgment or order appealed from is entered, stating the appeal from the same, or some specified part thereof. When a party gives, in good faith, notice of appeal from a judgment or order, and omits, through mistake, to do any other act necessary to perfect the appeal or to stay proceedings, the court may permit an amendment on such terms as may be just.

Amended Code, § 327.

§ 1167. Upon the appeal, allowed by the second and third chapters of this title, being perfected, the clerk with whom the notice of appeal is filed, must, at the expense of the appellant, forthwith transmit to the ap