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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
III. CONFESSION OF JUDGMENT WITHOUT ACTION.
.587-588
.588-591
DEBTOR..........
...591-597
IV. OFFERS OF THE DEFENDANT TO COMPROMISE THE WHOLE
SEC. 372. Controversy, how submitted without action.
373. Judgment, how entered....
587
588
374. Judgment, how enforced or appealed from..
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...
376. If judgment debtor die, his representatives may be sum-
moned....
589
377. Form of summons...
590
380. Subsequent pleadings and proceedings the same as in an
378. Summons to be accompanied by affidavit of amount due
379. Party summoned may answer and defend.
action.
591
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
liability...
383. Statement in writing, and form thereof.
384. Judgment and execution....
592
597
CHAPTER IV.-Offer of the defendant to compromise the whole or a part of
the action.
SEC. 385. Offer of compromise....
386. Defendant may offer to liquidate damages conditionally.
387. Effect of acceptance or refusal of offer..
601
CHAPTER V.-Admission or inspection of writings.
SEC. 388. Inspection and copy of books, papers, and documents, how
obtained...
CHAPTER VI.-Examination of parties.
SEC. 389. Action for discovery abolished.....
607
390. A party may examine his adversary as a witness..
608
391. Such examination also allowed before trial. Proceeding
394. Effect of refusal to testify..
611
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
examined.....
397. Examination of coplaintiff or codefendant.
612
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.
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...
402. Notice of motion....
631
403. In actions in the supreme courrt, county judge may exer-
cise powers of a judge at chambers; his orders, how re-
viewed...
635
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 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
423. Where undertakings to be filed..
645
424. Judgment on bond and warrant of attorney, executed be-
fore July 1, 1848....
646
425. Time for publication of notices, how computed..
426. Laws of other States and governments, how proved..
TITLE XIII.
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
WARRANTO....
.647-649
650-657
.....657-663
III. ACTIONS FOR THE PARTITION OF REAL PROPERTY..
IV. ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL
PROPERTY AND FOR WASTE AND NUISANCE
..........
V. GENERAL PROVISIONS RELATING TO ACTIONS CONCERNING
REAL PROPERTY....
CHAPTER I.-Actions against foreign corporations.
SEC. 427. Where and by whom brought......
664-665
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
by the attorney general, by leave of the supreme
433. Action, when and how brought to vacate letters patent..
434. Relator, when to be joined as plaintiff..
653
435. Complaint and arrest of defendant in action for usurping
an office.....
654
436. Judgment in such actions..
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..
439. Damages, how recovered...
656
440. One action against several persons claiming office or fran-
chise..
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
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.
SEC. 448. Provisions of the revised statutes applicable to actions for
partition...
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....
665
452. When judgment of forfeiture and eviction to be given.
453. Writ of nuisance abolished...
454. Remedy for injuries heretofore remediable by writ of
nuisance..
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
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
.....