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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
III. CONFESSION OF JUDGMENT WITHOUT ACTION...
IV. OFFERS OF THE DEFENDANT TO COMPROMISE THE WHOLE
OR A PART OF THE ACTION........
V. ADMISSSION OR INSPECTION OF WRITINGS..
VI. EXAMINATION OF PARTIES..
VII. EXAMINATION OF WITNESSES..
VIII. MOTIONS AND ORDERS
IX. ENTITLING AFFIDAVITS..
X. COMPUTATION OF TIME..
XI. NOTICES, AND FILING AND SERVICE OF PAPERS.
XII. DUTIES OF SHERIFFS AND CORONERS..
XIII. ACCOUNTABILITY OF GUARDIANS.
XIV. POWERS OF REFEREES.....
XV. MISCELLANEOUS PROVISIONS..
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....
SEC. 375. Parties not summoned in action on joint contract may be
summoned after judgment....
376. If judgment debtor die, his representatives may be sum-
CHAPTER II.-Proceedings against joint debtors, heirs, devisees, legatees, and
tenants holding under a judgment debtor.
377. Form of summons...
378. Summons to be accompanied by affidavit of amount due
379. Party summoned may answer and defend.
380. Subsequent pleadings and proceedings the same as in an
381. Answer and reply to be verified as in an action.
CHAPTER III.-Confession of judgment without action.
SEC. 382. Judgment may be confessed for debt due, or for contingent
383. Statement in writing, and form thereof...
384. Judgment and execution.....
SEC. 385. Offer of compromise..
386. Defendant may offer to liquidate damages conditionally...
387. Effect of acceptance or refusal of offer..
CHAPTER V.-Admission or inspection of writings.
SEC. 388. Inspection and copy of books, papers, and documents, how
CHAPTER IV.-Offer of the defendant to compromise the whole or a part of
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
392. Party, how compelled to attend..
393. Testimony of party may be rebutted..
394. Effect of refusal to testify..
395. Testimony of a party not responsive to the inquiries may
be rebutted by the oath of the party calling him....
396. Persons for whom action is brought or defended may be
397. Examination of coplaintiff or codefendant..
CHAPTER VII.-Examination of witnesses.
SEC. 398. Interest not to exclude a witness....
399. Parties to actions and special proceedings may be witnesses
on their own behalf, except in certain cases.
CHAPTER. VIII.-Motions and orders.
SEC. 400. Definition of an order...........
401. Definition of a motion; motions, how and when made;
motions in the first district; stay of proceedings;
compelling parties to testify on motions...
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-
404. In absence, &c., of judge at chambers, motion may be
transferred to another judge
405. Enlarging time for the proceedings in an action.
CHAPTER IX.-Entitling affidarits.
SEC. 406. Affidavits defectively entitled....
CHAPTER X.-Computation of time.
SEC. 407. Time, how computed....
CHAPTER XI.-Notices, and filing and service of papers.
SEC. 408. Notices, &c., how served..
409. Service, how made...
410. Service by mail..
411. The like..
412. Double time where service by mail.
413. Notice of motion, &c., where personally served.
414. When papers need not be served on defendant.
415. Service of papers where parties reside out of the State.
416. Summons and pleadings to be filed....
417. Service on attorney.
418. When this chapter does not apply.
CHAPTER XII.-Duties of sheriff's and coroners.
SEC. 419. Duty of sheriff and coroner in serving or executing pro-
cess, and how enforced...
CHAPTER XIII.-Accountability of guardians.
SEC. 420. Guardians not to receive property until security given.....
CHAPTER XIV.-Powers of referees.
SEC. 421. Powers of referees.
CHAPTER XV.-Miscellaneous provisions.
SEC. 422. Papers lost or withheld, how supplied....
423. Where undertakings to be filed...
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..
ACTIONS IN PARTICULAR CASES.
CHAP. I. ACTIONS AGAINST FOREIGN CORPORATIONS...
II. ACTIONS IN PLACE OF SCIRE FACIAS, QUO WARRANTO
AND OF INFORMATIONS IN THE NATURE OF A QUO
PROPERTY AND FOR WASTE AND NUISANCE
V. GENERAL PROVISIONS RELATING TO ACTIONS CONCERNING
CHAPTER I.-Actions against foreign corporations.
SEC. 427. Where and by whom brought..
III. ACTIONS FOR THE PARTITION OF REAL PROPERTY... ...657-663
IV. ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL
431. Leave to sue, how obtained..
432. Action upon information or complaint of course.
433. Action, when and how brought to vacate letters patent..
434. Relator, when to be joined as plaintiff...
435. Complaint and arrest of defendant in action for usurping
436. Judgment in such actions..
437. Assumption of office, &c., by relator, when judgment is in
438. Proceedings against a defendant, on his refusal to deliver
books or papers..
439. Damages, how recovered..
440. One action against several persons claiming office or fran-
441. Penalty for usurping office or franchise, how awarded..
442. Judgment of forfeiture against a corporation
443. Costs against a corporation, or persons claiming to be
such, how collected..
444. Restraining corporation, and appointment of a receiver.
445. Copy of judgment-roll against corporation, where to be
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
429. Actions may be brought, by direction of the legislature,
by the attorney general, to vacate a charter....
430. Actions to annul a corporation, when and how brought
by the attorney general, by leave of the supreme
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.
SEC. 448. Provisions of the revised statutes applicable to actions for
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-
450. Action of waste abolished; waste, how remediable..
451. Provisions of revised statutes applicable to action for waste
under this act....
452. When judgment of forfeiture and eviction to be given..
453. Writ of nuisance abolished.....
454. Remedy for injuries heretofore remediable by writ of
PROVISIONS RELATING TO EXISTING SUITS.
SEC. 456. Appeal from order at special term, on a summary applica-
tion after judgmennt...
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
CHAPTER V.-General provisions relating to actions concerning real property.
SEC. 455. Provisions of revised statutes applicable thereto...
460. Appeal from certain final decrees allowed.
461. Issue of fact in county court, how tried...
SEC. 462. Definition of real property
463. Definition of personal property
464. Definition of property.
465. Definition of district..
466. Definition of clerk...
467. Rule of construction
468. Inconsistent statutory provisions repealed.
469. Inconsistent rules and practice abrogated..
470. Judges to meet and make general rules..
471. Certain proceedings and statutory provisions not affected by
472. Certain statutes repealed.
473. Act, when to take effect
RULES OF COURTS, &c.
RULES OF COURT OF APPEALS.
RULES OF SUPREME COURT......
RULES OF N. Y. SUPERIOR COURT..
JUDICIARY, ARTICLE OF AMENDED CONSTITUTION..
ACT RELATING TO THE COURT OF APPEALS, AND THE COMMISSION OF
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.....
ACT TO REGULATE PROCEEDINGS AGAINST CORPORATIONS BY INJUNC-
TION AND OTHERWISE.