not for technical defects, 538 g.
as to one of several defendants,
528 e.

by default, 690, 573 b.

time for commencing action after,
85.

of justices' judgment, 492, 581 e, g,
577 c, d, e, 579 b.
restitution on. See Restitution.
Review of questions of law and fact
arising on a trial of a question
of fact by the court, how ob-
tained, 397, 398.

of adjustment of costs, 506 h.
See Appeal.

Revised statutes, certain parts of not
repealed, 679.

provisions of, in force, 262 b.
Revision of rules of court, 678, 773.
Revivor of actions, 109.

when revivor cannot be compelled,
111 e.

of appeal, order for, 109, 110.
See Supplemental complaint.
Right of entry, action after accrual of,

76.

See Re-entry.

Right to begin. See Begin.

Road. See Turnpike road, Railroads,
Private road.

Roll. See Judgment-roll.
Rooms, supervisors to provide, 28.
sheriff to provide, 19.

Rossie Galena Company, time of lim-

itation in action against stock.
holder of, 81 k.

Rules, all inconsistent with code re-
pealed, 678.

continued in force, 773.

judges to meet to revise, and
make new, 678, 773.

in cases not provided for, 751.
of court of appeals, 683.

of supreme court, 693.

See Mortgage.

real property of infant or person
of unsound mind, 21.
real property of religious corpo-
rations, 21.

application for, 755.

of infant, rules regulating, 727.
adjudged to be sold, 438, 736.
of benevolent, charitable, scien-
tific, missionary societies, or
orphan asylums, 21.

in partition, 438, 736.

of real property on execution, 451 ƒ.
of personal property on execution,
450 g.

action for fraud in, 39.
action to rescind, 179 b.

of perishable property, 339, 547.
of vessels, 339.

by receiver, 750.

by sheriff of evidences of debt
seized under an attachment, 342.
Salvage, jurisdiction in cases of, 14 a,
34 b.

Satisfaction of execution, when debtor
to judgment debtor may make,
468.

what property may be ordered to
be applied to, 471 e.

of part of claim admitted to be
due, 348, 353 i.

by taking the person in execution,
441 e.

of judgment, 458 d.

what amounts to, 67 c.
execution after, 436 a.

by execution against the person,
441 e, f.

of mortgage, county court has juris-
diction of, 29.

levy of attachment is not, 338 c.
Saturday, when process cannot be
served upon, 134 a, 47 c.

when judgment cannot be rendered
on, 65 d.

Scandalous matter, court may strike
out, 250 e.

against, 479 c.

540 f.

Secured on appeal, entry of, on dock-
et, 430, 432 n.
Security, for costs, may be required of a
plaintiff who is an executor or
administrator, trustee of an ex-
press trust, or a person expressly
authorized by statute to sue, 510.
provisions of revised statutes as
to, 483 d.

practice on applying for, 484 b.
when it will be ordered, 484 e.
when to be demanded, 485 h.
form of the order for, 486 c.
effect of order for, 486 d.
bond for, 486 e.

effect of omitting to file, 486 h.
waiver of order for, 486 i.
action on bond for, 487 b.
by foreign government, 485 b.
by foreign corporation, 485 c.
justification of surety for, 486 e.
amount of, 486 e.

by guardian, 725, 727, 660 c.
on arrest, plaintiff to give, 291.
on attachment, plaintiff to give, 336.
by defendant, on return of prop-
erty to him, 345.

on claim and delivery, by plaintiff,
308.

by defendant, 309.

on injunction, where no special pro-
vision on the subject, 322, 323.
to stay proceedings after judg-
ment, 323 a.

to suspend business of corporation
326.

on appeal to court of appeals, 540,
542, 544, 545.

court may dispense with, 545.

to supreme court from inferior
court, 549.

from special to general term,
551 b.

on appeal from orders, 5596.
justices' courts, 564, 568.
by the people, State officers, &c.,
not required, 523 c, d.

by municipal corporations not re-
quired, 523 e.

on taking a judgment by default,356
judgment standing as, 434 c.
Seduction, is an injury to the person,
285 d.

action for, cannot be brought in
justices' courts, 42.

costs in action for, 479 i.
assignment of right of action for,
93 f.

Seisin, when necessary in action or
defense founded on title, 76.
Seneca Indians, parties to actions by,
99 d.

complaint by, 194 d.
Separate estate of married woman,
complaint to charge, 187 d.
answers, when proper, 212 a.
defenses costs on, 492 b.
judgment, when may be rendered,
419, 420.

trial, when court may order, 373.
Separation, action for, reference to
take proof of material facts in
complaint, 743.
complaint, 743.

plaintiff may be examined in, 748.
Sequestration of property of judg
ment debtor, order for, not
necessary, 462 b.

Sequestrator, action by, 90 m.
Servant. See Domestic.
Service of summons, by whom, 131.
on whom, 131.
time of, 134 a.
how made, 131.
by publication, 134.
on corporation, 132 a.
on foreign corporation, 132 b.
on railroad corporation, 132 b.
on express company, 132 b.
on convict in State prison, 182 e.
on lunatic, 133 a, b.

on election day, 134 b.
on party unknown, 136.
out of the State, 135.
time for, may be fixed, 131.
when complete, 141.
proof of, 141, 701, 639 d.

Service of summons-continued.
admission of, 132 a, 141, 142 d.
gives jurisdiction, 143.
voluntary appearance equiva-
lent to, 143.

fee for, 142 e, 643 e.

on Sunday, 134 a.

on day of town-meeting, 134 c.
on election day, 134 b.
on corporations, 131, 132 a.

on corporation of New York
city, 15.

on supervisors, 132 d.
on the people, 134 f.
on a witness, 133 ƒ.

on insane persons, 133b.

on husband and wife, 134 e.
defective, 134 g.
proof of, 141.

fraud in service, 134 d.
substituted service, 134, 136 a.
disputing service, 142 b.
in justices' courts, 47 c.

on corporations, provisions as to,
applied to justices' courts, 59.
of complaint, with summons, 127.
with notice of no personal claim,

129.

after demand, 128.

time for, 128, 128 b.

of answer by mail, 203 b.

of notices and other papers, on
party or attorney, 638, 639.
how made, 639.

by mail, 640, 641.

on sheriff, 639 e.

proof of where party serving is
dead or insane, 639 d.

of injunction, 314 d.

of affidavit to prevent an inquest,
375 b.

irregularity in, how waived, 640 %.
on defendant of notice of proceed-
ings in action when necessary,
642.

on a party residing out of the
State, 642.

on attorney for the party, 643.
sections 408 to 418 not to apply to

service of summons, or pro-
cess, or paper, to bring a party
into contempt, 643.
by mail, 640, 641.

Services, assignment of contract for,
92 f.

complaint for, 196 b.

See Domestic.

Set-off, assignor of right of action

takes subject to, 96 b.

Set-off-continued.

of part of a split demand, 148 d.
in what cases, 148 d, 227 e.
answer of, 227 e.

of judgments, 69 c, 458 m.
particulars of, 243 a.

of costs and recovery, 458 m, 421 i.
of costs and recovery on appeal to
N. Y. common pleas, 583.
See Counter-claim.

Settlement, costs on a, 517.

as a bar to a subsequent action,
182 d.

with one of several defendants,
517 h.

of case, 708, 417 f.

of form of judgment or order,
428 i.

statements of one cause of action,
201 b.

causes of action, may be united in
one complaint, 255.

no demurrer for omitting to state
separately, 207 e.

counter-claims may be set up, 223.
See Counter-claim.

debtors. See Joint and several
debtors.

defenses, may be set up, 223.

to be separately stated, 223, 230a
each defense must be perfect in
itself, 229 h.

what may be pleaded together,
230 b.

in abatement and bar, allowed,
230 b.

of denial and new matter, 230 b.
each to be plainly numbered,
230 b, 701.

defendant's costs in case of, 492 b
defendants, answers by, 212.
judgment against one of, 419.
issues, costs on recovery on
some only, 480 b.
disabilities, 86.

Severance, of action, 265, 268 ƒ, 419.
420, 422.

of damages, 387 d.
of defense, 212 a.

Shareholders. See Stockholders.
Sheriff, to serve summons, &c., as if it
were process, &c., &c., 131, 643.
when a party, coroner to perform
the duties of, 643.
may be arrested, 279 a.

may be sued in justice's court,
when, 42 b.

action against, to be within three
years, 81.

for escape, to be within one
year, 82.

may sue in his own name, 99 e.
action against, 90 h.

complaint in action by or against,
194 h.

when a party, may serve the sum-
mons, 131 b.

sheriff and deputy may be sued
together for a tort, 106 l.
cannot be bail, 293 c.

to return summons, 131.
proof of service of summons by,
141, 141 d.

return of process, &c., by, how
compelled, 697.

may return process by mail, 445 e.
to provide rooms, &c., 19.
fees for serving summons, 142 e,
643 e.

death or removal of, 447 g.

service of notice, &c., upon, 639 e.
liable for proceeds of sale in par-
tition, 662 g.

liability in case of escape, 680 a.
duties of, &c., incident to arrest :
to execute order by arresting
defendant, 293.

to deliver copy order of arrest
and affidavit to defendant,
292.

to accept bail or deposit, 293.
to give defendant opportunity
to obtain bail, 293.

Sheriff-continued.

to detain defendant at instance
of bail, 294.

to deliver order, with return in-
dorsed, and certified copy un-
dertaking of bail, to plaintiff,

297.

may give notice of justification
of bail, 297.

when exonerated from liability,

299.

to give defendant a certificate
of deposit, 299.

to pay deposit into court, 299.
when liable as bail, 300.
proceedings

on judgment

against as bail, 301.
liability of bail to, 301.

to file affidavits on which arrest
is made, 697.

duties of, incident to attachment:
to proceed on, as in case of
attachment, against absent
debtors, 337.

to attach all the real and per-
sonal estate in the county,
337.

to make an inventory, 337.
inventory to be signed and re-
turned, 337.

to take legal proceedings to re-

cover debts, credits, &c., of
the defendant, 337.
to sell perishable property, 339.
to sell vessels, 339.

as to property incapable of
manual delivery, 340.
to satisfy judgment out of prop-
erty attached, 341.

as to residue of attached prop-
erty after satisfaction of judg-
ment, 342.

may apply to court for leave to

sell evidences of debt, 342.
may permit actions to be in
name of plaintiff, 343.
on judgment for the defend-
ant, 344.

on discharge of the attachment,
344, 345.

to return warrant and proceed-
ings thereon, 346.
fees of, 346.

duties, &c., incident to claim and
delivery of personal property:
to take property, 308.
to deliver to defendant a copy
of the affidavit, notice, and
undertaking, 308.

Sheriff-continued.

responsible for plaintiff's sure-
ties, 309.

when to deliver property to the
plaintiff, 310.

when to deliver property to the
defendant, 309.

when responsible for defend-
ant's sureties, 310.
proceedings by, where the
property is concealed in
building or inclosure, 311.
to keep property in a secure
place, 311.

when property claimed by third
party, 311.

to file notice and affidavit, with
proceedings thereon, 312.
duty of, &c., incidental to execution:
to indorse on execution time
when received, 446 e.

to return execution, 445, 445 e.
former laws apply to, 446.
cannot refuse to levy execution,
446 f.

cannot enforce execution for
his own benefit, 447 h.

to levy on and sell goods, 448 h,

450 g.

to sell real estate, 451 f.
fees and poundage, 447 h.
may be attached for not paying

over moneys, 448 d.
official bond of, 448 e.
service of papers on, 639 e.
to sell and convey real property
adjudged to be sold, 451 ƒ,
455 c. 737.

proceedings on official bond of,
not affected by the code, 680.
Sheriff's deed, when to be delivered,
455 c.

compelling delivery of, 455 f.
Sheriff's jury. See Assessment of
damage.

Ships, proceedings for collection of de-
mands against, not affected, 680.
attachment against, 339 ƒ.

See Vessels.

Short summons, 45 e.
Sickness of judge, 636 b.
Silent partner to join as plaintiff,
103 e.

Slander, actions for, cannot be brought
in courts of justices of the
peace, 42.

must be brought within two
years, 82.
parties, 107 a.

Slander-continued.

complaint in action for, 183 e,
247 g, 253.
answer in, 253.

costs in, 479 i, 487.

actions for may be transferred to

marine court, 561 c. See Libel.
Slander of title, complaint for, 186 b.
Soldier, service of process on, 136 b.
Speaking demurrer, what is a, 204 e.
Special county judge, review of orders
by, 554.

damage, allegation of, 165 b.
amendment to insert, 165 e.
finding, when court may direct,
385.

guardian, application to appoint,
726.

security by, 727.

jury. See Struck jury.
proceedings, defined, 10.

what is and what is not a special
proceeding, 10 c, d, 534 b, c.
appeal in, 555 a.

provisional remedies are not,
534 f.

proceedings supplementary to
execution are not, 10 d.
costs in, 480 c.

on appeals in, 580 e.

of reviewing the decision of
an inferior court in, 515.
terms, and general terms, distinc-
tion between powers of court
at 25 a.

of supreme court, existing pro-
visions of law as to, re-
pealed, 20.

prescribed, 24.

extraordinary, 25.

inability of judge to hold, 27.

powers at, 25 a.

verdict, 384 d, 708.

See Verdict.

Specific performance, county court

may decree, 29.

by religious corporation, 34 b.
limitation of action for, 83 a.
parties to action for, 107 c.
complaint for, 195 a.

answer in action for, 223 b.
by execution, 437.
Splitting cause of action, 92 j, 147 b.
Stages. See Owner.

Stamp, defense of want of, 223 c.
Stakeholder, action against, 195 b.

See Gaming.

State, when action cannot be brought
by grantee of the, 76.
service of process on, 184 f.