TITLE XII.

OF THE MISCELLANEOUS PROCEEDINGS IN CIVIL ACTIONS,

AND GENERAL PROVISIONS.

CHAP. I. SUBMITTING A CONTROVERSY WITHOUT ACTION.

II. PROCEEDINGS AGAINST JOINT DEBTORS, HEIRS, LEGATEES,

DEVISEES, AND TENANTS HOLDING UNDER A JUDGMENT

DEBTOR........

III. CONFESSION OF JUDGMENT WITHOUT ACTION.....

.587-588

...588-591

.591-597

IV. OFFERS OF THE DEFENDANT TO COMPROMISE THE WHOLE

CHAPTER I.—Submitting a controversy without action.

SEC. 372. Controversy, how submitted without action....
373. Judgment, how entered.

.....

374. Judgment, how enforced or appealed from....

587
588

588

CHAPTER II-Proceedings against joint debtors, heirs, devisees, legatees, and
tenants holding under a judgment debtor.

SEC. 375. Parties not summoned in action on joint contract may be
summoned after judgment.....

588

377. Form of summons...

376. If judgment debtor die, his representatives may be sum-

moned....

589

590

378. Summons to be accompanied by affidavit of amount due

379. Party summoned may answer and defend.

590

590

380. Subsequent pleadings and proceedings the same as in an

action.

590

381. Answer and reply to be verified as in an action.

591

CHAPTER III.-Confession of judgment without action.

SEC. 382. Judgment may be confessed for debt due, or for contingent

CHAPTER IV.-Offer of the defendant to compromise the whole or a part of

the action.

SEC. 385. Offer of compromise....

597

386. Defendant may offer to liquidate damages conditionally.

387. Effect of acceptance or refusal of offer...

601

601

CHAPTER V.-Admission or inspection of writings.

SEC. 388. Inspection and copy of books, papers, and documents, how

obtained..

601

CHAPTER VI.-Examination of parties.

SEC. 389. Action for discovery abolished......

390. A party may examine his adversary as a witness.

391. Such examination also allowed before trial. Proceeding

607

608

395. Testimony of a party not responsive to the inquiries may

be rebutted by the oath of the party calling him...

611

396. Persons for whom action is brought or defended may be

examined......

611

397. Examination of coplaintiff or codefendant..

612

CHAPTER VII.—Examination of witnesses.

SEC. 398. Interest not to exclude a witness.....

612

399. Parties to actions and special proceedings may be witnesses

on their own behalf, except in certain cases..

626

CHAPTER. VIII.-Motions and orders.

SEC. 400. Definition of an order..

627

401. Definition of a motion; motions, how and when made;

motions in the first district; stay of proceedings;

compelling parties to testify on motions..

627

402. Notice of motion...

403. In actions in the supreme courrt, county judge may exer-

cise powers of a judge at chambers; his orders, how re-

viewed....

631

635

404. In absence, &c., of judge at chambers, motion may be

transferred to another judge

635

405. Enlarging time for the proceedings in an action.

CHAPTER XI.-Notices, and filing and service of papers.

413. Notice of motion, &c., where personally served.

641

414. When papers need not be served on defendant..

642

415. Service of papers where parties reside out of the State.

SEC. 419. Duty of sheriff and coroner in serving or executing pro-

cess, and how enforced.

643

CHAPTER XIII.-Accountability of guardians.

SEC. 420. Guardians not to receive property until security given.....

644

424. Judgment on bond and warrant of attorney, executed be-

fore July 1, 1848...

425. Time for publication of notices, how computed..

426. Laws of other States and governments, how proved....

TITLE XIII.

ACTIONS IN PARTICULAR CASES.

645

645

645

646

646

.....647-649

CHAP. I. ACTIONS AGAINST FOREIGN CORPORATIONS........

II. ACTIONS IN PLACE OF SCIRE FACIAS, QUO WARRANTO

AND OF INFORMATIONS IN THE NATURE OF A QUO

WARRANTO.

650-657

III. ACTIONS FOR THE PARTITION OF REAL PROPERTY.......657-663

IV. ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL

PROPERTY AND FOR WASTE AND NUISANCE

..........664-665

V. GENERAL PROVISIONS RELATING TO ACTIONS CONCERNING

REAL PROPERTY....

CHAPTER I.-Actions against foreign corporations.

SEC. 427. Where and by whom brought.....

..666-673

647

CHAPTER II.-Actions in place of scire facias, quo warranto, and of informations

in the nature of quo warranto.

SEC. 428. Scire facias and quo warranto abolished, and this chapter

substituted....

650

429. Actions may be brought, by direction of the legislature,

by the attorney general, to vacate a charter.....

651

430. Actions to annul a corporation, when and how brought

431. Leave to sue, how obtained..

by the attorney general, by leave of the supreme

court.....

651

652

432. Action upon information or complaint of course.

652

433. Action, when and how brought to vacate letters patent..

434. Relator, when to be joined as plaintiff....

653

653

435. Complaint and arrest of defendant in action for usurping

an office.....

654

436. Judgment in such actions..

654

437. Assumption of office, &c., by relator, when judgment is in

his favor....

655

438. Proceedings against a defendant, on his refusal to deliver

books or papers....

655

439. Damages, how recovered.

656

440. One action against several persons claiming office or fran-

chise.....

656

441. Penalty for usurping office or franchise, how awarded..

442. Judgment of forfeiture against a corporation

656

656

443. Costs against a corporation, or persons claiming to be

such, how collected..

656

444. Restraining corporation, and appointment of a receiver.

445. Copy of judgment-roll against corporation, where to be

656

filed..

657

SEC. 446. Entry of judgment relating to letters patent....

447. Action for forfeiture of property to the people..

CHAPTER III.-Actions for the partition of real property.

657

657

SEC. 448. Provisions of the revised statutes applicable to actions for

partition..

657

CHAPTER IV.-Actions to determine conflicting claims to real property and for

waste and nuisance.

SEC. 449. Actions to determine claims to real property, how prose-

cuted...

664

450. Action of waste abolished; waste, how remediable.

451. Provisions of revised statutes applicable to action for waste

under this act.....

664

665

452. When judgment of forfeiture and eviction to be given....

453. Writ of nuisance abolished.....

665

665

454. Remedy for injuries heretofore remediable by writ of

nuisance..

665

CHAPTER V.-General provisions relating to actions concerning real property.

SEC. 455. Provisions of revised statutes applicable thereto..

666

TITLE XIV.

PROVISIONS RELATING TO EXISTING SUITS.

SEC. 456. Appeal from order at special term, on a summary applica-

tion after judgmennt..

674

457. Writ of error abolished, and appeal substituted..

458. Execution on judgment docketed prior to July 1, 1848....

459. Application of this act to actions pending; extraordinary

674

675

ACT RELATING TO THE COURT OF APPEALS, AND THE COMMISSION OF

APPEALS......

768

ACT RELATING TO THE SUPREME Court, and TO THE ELECTION OF

A JUDGE OF THE COURT OF COMMON PLEAS IN THE CITY

AND COUNTY OF NEW YORK........

770

ACT TO REGULATE PROCEEDINGS AGAINST CORPORATIONS BY INJUNC-

TION AND OTHERWISE.

775

776

JURY FEES.

777

INDEX.