LAWS OF NEW YORK, 1875. CHAP. 409. AN ACT to amend section two hundred and thirty-eight of the Code of Procedure. PASSED May 21, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two hundred and thirty-eight of an act entitled "An act to simplify and abridge the practice, pleadings and proceedings of the courts of this State," is hereby amended so as to read as follows: "§ 238. The actions herein authorized to be brought by the sheriff may be prosecuted by the plaintiff, or under his direction, upon the delivery by him to the sheriff of an undertaking executed by two sufficient sureties, to the effect that the plaintiff will indemnify the sheriff from all damages, costs and expenses on account thereof, not exceeding two hundred and fifty dollars in any one action. Such sureties shall, in all cases, when required by the sheriff, justify by making an affidavit that each is a householder, and worth double the amount of the penalty of the bond over and above all demands and liabilities." And if the sureties become insolvent, or said amount becomes inadequate as an indemnity, the court may, in either case, on the application of the sheriff, require the plaintiff to give him, before proceeding farther, a further undertaking in an amount and with sureties to be approved by the court. § 2. This act shall take effect immediately. STATE OF NEW YORK, Office of the Secretary of State,} 88.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. DIEDRICH WILLERS, JR., Secretary of State. CODE OF PROCEDURE OF THE STATE OF NEW YORK, AS AMENDED TO 1873. WITH NOTES ON PLEADING AND PRACTICE, RULES OF THE COURTS, AND A FULL INDEX. TENTH EDITION. BY JOHN TOWNSHEND, EDITOR OF THE PRECEDING EDITIONS. NEW YORK: BAKER, VOORHIS & CO., PUBLISHERS, 66 NASSAU STREET. 1873. us/AY 3911 273 ny 132.2 V 851.10 Entered, according to Act of Congress, in the year 1851, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York. Entered, according to Act of Congress, in the year 1852, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York. Entered, according to Act of Congress, in the year 1853, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York. Entered, according to Act of Congress, in the year 1855, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York. Entered, according to Act of Congress, in the year 1857, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York. Entered, according to Act of Congress, in the year 1859, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York. Entered, according to Act of Congress, in the year 1860, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York. Entered, according to Act of Congress, in the year 1864, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York. Entered, according to Act of Congress, in the year 1867, by BAKER, VOORHIS & CO., in the Clerk's office of the District Court of the United States for the Southern District of New York. Entered, according to Act of Congress, in the year 1870, by BAKER, VOORHIS & CO., in the office of the Librarian of Congress, at Washington. Rec. Oct. 6, 1875 BAKER & GODWIN, PRINTERS, EDITOR'S PREFACE ΤΟ THE TENTH EDITION. I am grateful for the opportunity to present to my professional brethren a Tenth Edition of my "Notes to the Code of Procedure." By the teachings of a long experience, industriously applied, I flatter myself I have exhausted every resource in producing a complete and useful work. My first edition of these "Notes" was published in 1851, and I have edited every subsequent edition. If not the first to conceive, I was at least the first to execute, the idea of an Annotated Code. The favor the work has found with the profession evidences that it met a general want. Thus far my pecuniary compensation has been very inadequate; but I have consoled myself for the absence of a money reward in the hope that I was securing the approbation of those for whom I labored. It has been a disappointment to find that some, having a good word to say in favor of my work, not only ignore me, but give the credit to others by name. I ask no favor, but I wish it understood that I alone am entitled to whatever of censure or praise the following sheets may merit. JOHN TOWNSHEND. 129 FULTON STREET, NEW YORK, July, 1870. |
