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V. Admission or inspection of writings,.
VI. Examination of parties,..

CHAP. III.

Confessions of judgment without action,..

149-151

IV.

Offers of the defendant to compromise the whole or a part
of the action,......

151-152

.........

152-153

153-155

VII.

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156

157-159

159

159-160

160-162

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Examination of witnesses,.

IX. Entitling affidavits,.

X. Computation of time,...

XI. Notices, and filing and service of papers,.
Duties of sheriffs and coroners,..

XIII. Accountability of guardians,.

XIV. Powers of referees,..

XV. Miscellaneous provisions,...

CHAPTER I.

Submitting a Controversy, without Action,.

.....147-148

SECTION 372. Controversy how submitted without action,..........
373. Judgment on, as in other cases, but without costs,...
374. Judgment may be enforced or appealed from as in action,

CHAPTER II.

Proceedings against Joint Debtors, Heirs, Devisees, Lega

147

147

148

tees, and Tenants holding under a Judgment Debtor.....148-149 SECTION 375. Parties not summoned in action on joint contract may be

summoned after judgment,..

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

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148

148

148

149

149

380. Subsequent pleadings and proceedings same as in an
action,

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Confession of Judgment, without Action,

SECTION 382. Judgment may be confessed for debt or contingent lia

bility,...

383. Statement in writing, and form thereof,
Filing same, and entering judgment,....

384.

CHAPTER IV.

...............

..............

Offers of the Defendant to Compromise the Whole or a Part

of the Action,....
SECTION 385. Defendant may serve offer to compromise and the pro-
ceedings thereon,

386. Defendant may offer to liquidate damages conditionally,.
387. Effect of acceptance or refusal to offer,.

CHAPTER V.

Admission or Inspection of Writings,.

SECTION 388. A party may be required to admit a paper to be genuine, or pay expense of proving it. Inspection and copy of books, papers and documents, how obtained,...

CHAPTER VI.

Examination of Parties,.....

.151-152

151

151

152

.152-153

.....

SECTION 389. Actions for discovery, abolished,
390. A party may examine his adversary as a witness on the trial
391. Such examination also allowed before trial. Proceedings

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152

153-155

153

153

154

154

SECTION 393. Testimony of party may be rebutted,..
394. Effect of refusal to testify,........
395.

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Testimony by 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 co-plaintiff or co-defendant,.

CHAPTER VII.

Examination of Witnesses,....

...........

......

SECTION 398. No witness to be excluded by reason of interest,. 399. To whom last section inapplicable,

154

166

155

155

155

156

156

156

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Definition of a motion. Motions how and where made,.. 402. When notice is necessary, it must be eight days before hearing,....

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403. In actions in supreme court, county judge may act at cham-
bers. His orders, how reviewed,
404. In absence of judge at chambers, motion may be transfer-
red by him to another judge,..
405. Enlarging time for proceedings in an action,

.....

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Notices, and Filing and Service of Papers,.

SECTION 408, 409. Notices and other papers, how served on party or at

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412. Double time when served by mail,.

413. Eight days notice of motion, &c., before court or judge,
when personally served,...

..........

159

159

...10 -162

160

161

161

161

161

162

162

162

162.

...........

414. Where papers need not be served on defendant,.
415. Service of papers where party resides out of state,
416. Summons and pleadings to be filed within ten days after

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417. Service, where party appears by attorney,
418. This chapter not to apply to summons or process, or to
papers to bring party into contempt,......
CHAPTER XII.

Duties of Sheriffs and Coroners,

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SECTION 419. Duty of sheriff and coroner in serving or executing process, and how enforced,.

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....

SECTION 420. Guardian not to receive property until security given,.............

163

163

Powers of Referees,.

CHAPTER XIV.

SECTION 421. Referees authorized to administer oaths and to exercise powers now vested in referees by law,...

163

163

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SECTION 422. Papers lost or withheld, how supplied,................. 423. Where undertakings to be filed,

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164

.....

164

164

424. Judgment on bond and warrant of attorney, executed be-
fore July 1, 1848,...

........

425. Time for the publication of notices, how computed,
426. Laws of other states and governments, how proved,.......

TITLE XIII.

Actions in particular cases,....

CHAPTER 1. Actions against foreign corporations,

II. Actions in place of scire facias, quo warranto, and of in-
formations in the nature of quo warranto,...

....

.165-173

165

166 171

172-173

173

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 pro-
perty,...

CHAPTER I.

Actions against foreign corporations,..

SECTION 427. Where and by whom brought,.

CHAPTER II.

Actions in place of scire facias, quo warranto, and of infor-
mation, in the nature of quo warranto,
SECTION 428. Scire facias and quo warranto abolished and this chapter
ter substituted,.

...

429. Action may be brought by attorney-general to vacate a
charter, by direction of legislature....

430. Action to annul a corporation, when and how brought by
attorney-general, by leave of supreme court,

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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
an office,

165

165

.166-171

166

166

167

167

168

168

168

169

436. Judgment in such action,

169

.....

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

his favor,.

169

.......

438. Proceedings against defendant, on refusal to deliver books

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440. One action against several pcrsons claiming office or fran-
chise,

170

441. Penalty for usurping office or franchise, how awarded,..
442. Judgment or forfeiture against a corporation,...
443. Costs against corporation or persons claiming to be such,
how collected,..

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444. Restraining corporation and appointment of receiver,....
445. Copy of judgment roll against corporation, where to be
filed,..

170

171

446. Entry of judgment relating to letters patent in records of
commissioners of land office,

447. Actions for forfeiture of property to the people,.....................

CHAPTER III.

Action for the Partition of Real Property,...

SECTION 448. Provisions of Revised Statutes, applicable to actions for

171

171

partition,

..171-172

171

CHAPTER IV.

Actions to determine conflicting claims to real property, and
for waste and nuisance,.....
SECTION 449. Actions to determine claims to real property, how prose-
cuted,......

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 nui-

sance,.

172-173

172

172

172

173

173

173

CHAPTER V.

General provisions relating to actions concerning real property,
SECTION 455. Provisions of Revised Statutes applicable thereto,.......

TITLE XIV.

173 173

.173-176

173

174

174

174

175

175

Provisions relating to existing suits,..

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

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Writ of error in all cases abolished. Appeal substituted, 458. Execution, when issuable on a judgment docketed before July 1, 1848,..........

459. Proceeding by re-hearing abrogated,.

460. Appeals from final decrees, by a single judge, in supreme
court, in suits in equity pending on July 1, 1847, when
to be taken,...

....

461. Issues of fact in county court or common pleas before
July 1, 1848, how tried,...

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467. Rule of strict construction of statutes inapplicable to this

468. Statutory provisions inconsistent with this act repealed,..
469. Rules and practice inconsistent with this act abrogated,
470. Judges of supreme court to make general rules,

471. This act not to affect certain proceedings and statutory

176

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472. Certain parts of revised and other statutes not repealed,..
473. This act, when to take effect,......

178

178

AN ACT to amend an act entitled, "An Act to facilitate the determination of existing suits in the courts of this state."

.....

TITLE I.—Provisions relating to Courts in General,. CHAPTER I. Sections of the Code of Procedure referred to and applied to existing rules,.

....

179

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II. Other provisions relating to existing suits, TITLE II.—Provisions relating to Courts in the First Judicial District,

183-184

CODE OF PROCEDURE.

[NOTES.]

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