§ 538. Amending defects in bonds.--Where such a bond or undertaking is defective, the court, officer, or body, that would be authorized to receive it, or to entertain a proceeding in conse quence thereof, if it was perfect, may on the application of the persons who executed it amend it accordingly; and it shall thereupon be valid from the time of its execution. [Code, § 730, without change.] § 539. Form of bond or undertaking; affidavit of sureties; approval. A bond or undertaking executed by a surety or sureties as prescribed in this chapter must, where two or more persons execute it, be joint and several in form; and, except when executed by a fidelity or surety company, or when otherwise expressly prescribed by law, it must be accompanied with the aff davit of each surety subjoined thereto, to the effect that he is a resident of and a householder or a freeholder within the state, and is worth the penalty of the bond, or twice the sum specified in the undertaking, over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under an execution. The bond or undertak ing, except as otherwise expressly prescribed by law, must be approved by the justice or judge before whom or the court before which the proceeding is taken, or a judge of such court. The approval must be indorsed on the bond or undertaking. [Code, § 812, modified to conform to the plan of this chapter. The provision relating to a bond or undertaking by a party without surety is omitted for the reason that a provision has been inserted in a prior section requiring one surety in all cases. The last part of the section relating to relief from bonds or undertakings by sureties is omitted as not applicable to justices' courts.] 540. 'Party need not join with his sureties, when one surety sufficient. Where a provision of this chapter requires a bond or undertaking, with sureties, to be given by or in behalf of a party or other person, he need not join with the sureties in the execution thereof, unless the provision requires him to execute the same; and the execution thereof by one surety is sufficient, although the word "sureties" is used, unless the provision expressly requires two or more sureties; and the execution of any such bond or undertaking by any fidelity or surety company an thorized by the laws of this state to transact business, shall be equivalent to the execution of said bond or undertaking by two sureties; and such company, if excepted to, shall justify through its officers or attorney in the manner required by law of fidelity and surety companies. Any such company may execute any such bond or undertaking as surety by the hand of its officers, or attorney, duly authorized thereto by resolution of its board of directors, a certified copy of which resolution, under the seal of said company, shall be filed with each bond or undertaking. [Code, § 811, without change.] § 541. Deposit after giving bond.-It shall be lawful for any party of whom a bond or undertaking is required to agree with his sureties for the deposit of any or all moneys for which such sureties are or may be held responsible with a trust company authorized by law to receive deposits, if such deposit is otherwise proper, and for the safe keeping of any or all other depositable assets for which such sureties may be held responsible, with a safe-deposit company authorized by law to do business as such, in such a manner as to prevent the withdrawal of such moneys and assets, or any part thereof, except with the written consent of such sureties, or an order of the court made on such notice to them, as it may direct. [Code, § 813, last part. The first part is omitted as not applicable to justice's court.] § 542. Bonds to the people or a public officer, for the benefit of a suitor. Where a bond or undertaking has been given, as prescribed by law, in the course of an action or a special proceeding, to the people or to a public officer, for the benefit of a party or other person interested, and provision is not specially made by law for the prosecution thereof; the party or other person so interested may maintain an action in his own name for a breach of the condition of the bond, or of the terms of the undertaking; on procuring an order granting him leave so to do. The order may be made by a county court, if the bond or undertaking was given in an action or proceeding in justice's court, or if the bond or undertaking was given in a special proceeding pending before a judge of that court; or in any other case, by the supreme court. Notice of the application therefor must be given as directed by the court or judge to the persons interested in the disposition of the proceeds. [Code, § 814, modified by requiring leave to sue on a bond or undertaking in justice's court to be granted by the county court.] § 543. When people or municipal corporation not required to give security.-The people of the state, a domestic municipal corporation or a public officer, in behalf of the people or such corporation, shall not be required to give security in any action or proceeding, except as specially required by law; but where any order or warrant is granted or issued in behalf of such a corporation and security is not required, the corporation shall be liable for all damages that may be sustained by the opposite party by reason of such order or warrant, in the same case and to the same extent as sureties in a bond or undertaking, if one had been given. [Code, § 1990, rewritten and condensed, but without intended change of substance.] 544. Bonds not affected by change of parties.-A bond or undertaking given in an action or special proceeding as prescribed in this chapter, continues in force after the substitution of a new party in place of an original party, or any other change of parties; and has thereafter the same force and effect as if then given anew, in conformity to the change of parties. [Code, § 815, without change.] ARTICLE XIX. APPEALS. Section 550. Justices' judgments, appeals and orders; how re viewed. 551. Who may appeal; to what court appeal to be taken. 552. Appeal; when and how taken. 553. Extending time to appeal. 554. Service of notice on justice; payment of costs and fees. 555. Service of notice on respondent. 556. Amendment, when allowed. 557. Undertaking to stay execution on judgment. 558. Exception to sureties; justification. 559. Proceedings, how stayed. 560. Where justice is dead. 561. Return. 562. Return, when justice has gone out of office. 563. Further return; how compelled. 564. Return, when justice is dead. 565. Appeal for a new trial. 566. Undertaking to be given. 567. Offer to compromise before return. 568. Offer to compromise after return. 570. Amount of costs on new trial. 571. Respondent may stipulate to reverse judgment. 573. Proceedings and judgment on appeal. 574. Costs where new trial is not had. 575. When new trial in justice's court may be directed. 576. Proceedings before justice. 577. Proceedings when error in fact is alleged. 578. Setting off costs and recovery. 579. Certain sums may be included in disbursements. 580. Restitution on reversal. 581. Judgment-roll. Section 550. Justice's judgments and orders; how reviewed.The only mode of reviewing a judgment or order of a justice of the peace in a civil action is by an appeal from the judgment as prescribed in this chapter. [Code, § 3044, rewritten, adding orders as subjects of review.] § 551. Who may appeal; to what court appeal to be taken.— An appeal may be taken by any party aggrieved by the judgment or any order in the action. Except where the judgment is rendered by a justice of the peace of the city of Buffalo, the appeal must be taken to the county court of the county where the judg ment was rendered. [Code, § 3045, without change.] § 552. Appeal; when and how taken.-An appeal must be taken within twenty days after the entry of the judgment in the justice's docket; except that where a defendant appeals from a judgment rendered in an action wherein he did not appear and the summons was not personally served on him, the appeal may be taken within twenty days after personal service on him. on the part of the plaintiff, of written notice of the entry of the judgment; but not after the expiration of five years from such entry. An appeal is taken by serving on the justice by whom the judgment was rendered, and on the respondent, a written notice of appeal, subscribed either by the appellant or by his attorney in the appellate court. [Code, § 3046, without change.] § 553. Extending time to appeal.-Where a party entitled to appeal from a judgment dies before the expiration of the time within which the appeal may be taken, the court to which an appeal is authorized to be taken, or a judge thereof, may allow the appeal to be taken by the heir, devisee or personal representative |