1. To try any or all of the issues in a civil action, whether of fact or of law, (except an issue of fact when the action is for a divorce dissolving the marriage contract,) and to report a judgment thereon:

2. To hear and determine a suit pending in the supreme court, before the first day of July, 1848, on what was then known as the equity side of that court, or any issue therein, whether of fact or of law, or both, (except an issue of fact when the suit is for a divorce dissolving the marriage contract,) or to report facts therein: or,

3. To execute a judgment or order, in an action or suit embraced in this section, except when an execution is the appropriate remedy, as provided in this code.

4. To try an issue or ascertain a fact, in a special proceeding of a civil nature.

§ 336. When the parties do not consent, the court may, upon the application of either, or of its own motion, direct a reference in the following cases:

1. When the trial of an issue of fact requires the examination of a long account on either side; in which case, the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein;

2. When the taking of an account is necessary for the information of the court, before judgment, or for carrying a judgment or order into effect:

3. When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of the action: or

4. When it is necessary for the information of the court, in a special proceeding of a civil nature.

§ 337. A reference may be ordered, in a civil action or in a special proceeding of a civil nature, in any court except a justice's court or the marine court of the city of New-York. It may be so ordered at a special or trial term or circuit, or by a judge of the cout, but by no other officer.

§ 338. A reference may be ordered to any person or persons, not exceeding three, agreed upon by the parties. If the parties do not agree, the court or judge, must appoint one or more referees, not exceeding three, who reside in the county in which the action or proceeding is triable.

§ 339. When the appointment of referees is made by the court or a judge, the referee must be,

1. Qualified as a juror, as provided in section 251: 2. Competent as a juror between the parties: or

3. Not related, by consanguinity or affinity within the third degree, to the judge by whom the court is held, or the order made, or to one who is interested or connected as a partner with a person so related.

CHAPTER III.

COMMISSIONERS OF DEEDS.

SECTION 340. How appointed, and their tenure of office.
341. Their powers and duties.

§ 340. Commissioners of deeds are appointed in counties or cities, in pursuance of special statutes, and the tenure of their offices is provided for in the same

manner.

§ 341. A commissioner of deeds has power, in the county or city in which he is appointed, and in no other place, to take and certify,

1. The proof or acknowledgment of a conveyance o real property, or of any other written instrument:

2. The acknowledgment of satisfaction of a judg ment in any court, including a judgment of a justice's court, or of the marine court of the city of New-York, when a transcript thereof has been filed with a county clerk:

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3. An affidavit to be used in any court of justice of this state: and

4. To exercise any other power, and perform any other duty conferred or imposed upon him by this code, or by other statutes.

CHAPTER IV.

COMMISSIONERS TO TAKE AFFIDAVITS, AND THE PROOF AND ACKNOWLEDGMENT OF DEEDS, OUT OF THIS STATE.

SECTION 342. How appointed, their tenure of office, powers and duties. 343. Oath of office, and how filed.

§ 342. The governor may appoint as many commissioners, in each of the other states, or in a territory of the United States, or in the District of Columbia, as he may deem expedient, who shall hold their offices for three years, and may in the state, territory or district for which they are appointed, and in no other place, take and certify,

1. The proof or acknowledgment of a conveyance of real property, or of any other written instrument:

2. The acknowledgment of satisfaction of a judgment in any court, including a judgment of a justice's court, or of the marine court of the city of New-York, when a transcript thereof has been filed with a county clerk :

3. An affidavit to be used in any court of justice of this state: and

4. To exercise any other power, and perform any other duty conferred or imposed upon them by this code, or by other statutes.

§ 343. A commissioner appointed under the last section must, before he can exercise the powers therein

conferred, take and subscribe an oath before a judicial officer in the county or city where he resides, faithfully to perform the duties of the office of a commissioner to take affidavits and the proof and acknowledgment of deeds out of this state, according to the laws thereof; and must file the oath in the office of the secretary of this state.

SECTION 344. His election or appointment.

345. His compensation.

346. How removed from office.

347. His general powers and duties.

348. Can commence one action only, on mortgages or contracts, against

the same person.

349. If separate actions commenced against several, on same contract, how consolidated.

350. Must pay moneys received, into the treasury.

351. In what cases he cannot act as attorney or counsel, in a civil action.

352. Must keep a register and deliver it to his successor.

353. Must keep a record of the statistics of litigation.

354. Must prepare and transmit blank forms, and compile, annually, statistics required in last section.

§ 344. The attorney general is elected by the electors of the state, for two years, or, when his office becomes vacant, is appointed, in the manner prescribed by the constitution and by special statutes.