CHAPTER II. Proceedings against joint debtors, heirs, devisees, legatees and tenants holding under a judgment debtor : SECTION 375. Parties not summoned in action on joint contract, may be summoned after judgment, 376. If judgment debtor die, his representatives may be summoned, .377. Form of summons, 378. To be accompanied by affidavit of amount due, 379. Party summoned may answer and defend, 380. Subsequent pleadings and proceedings same as in an action, 381. Answer and reply to be verified as in an action. CHAPTER III. Confession of Judgment, without Action: SECTION 382. Judgment may be confessed for debt due or contingent lia Offers of the defendant to compromise the whole or a part of the action: SECTION 385. 386. Defendant may serve offer to compromise and the proceedings thereon, Defendant may offer to liquidate damages conditionally, 387. Effect of acceptance or refusal of 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. 390. A party may examine his adversary as a witness, on the trial, 391. Such examination also allowed before trial. Proceedings therefor, 392. Party how compelled to attend, 393. Testimony of party may be rebutted, 394. Effect of refusal to testify, 395. Testimony by a party not responsive to the inquiries, may rebutted by the oath of the party calling him, be 396. Persons for whom action is brought or defended, may be exa mined, 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. Motions and orders: CONTENTS OF CODE. CHAPTER VIII. SECTION 400. Definition of an order, 401. Definition of a motion. Motions how and where made, 404. In absence of judge at chambers, motion may be transferred 405. Enlarging time for proceedings in an action. 410. 411. When and how served by mail, 412. Double time when served by mail, 413. Eight days notice of motion, &c., before court or judge, when personally served, 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 ser vice, 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: SECTION 419. Duty of sheriff and coroner in serving or excuting process, and how enforced. CHAPTER XIII. Accountability of guardians: SECTION 420. Guardian not to receive property until security given. CHAPTER XIV. Powers of referees: SECTION 421. Referees authorized to administer oaths and to exercise powers now vested in referees by law. Miscellaneous provisions: CHAPTER XV. SECTION 422. Papers lost or withheld, how supplied, 423. Where undertakings to be filed, 424. Judgment on bond and warrant of attorney, executed before July 1, 1848, 425. Time for publication of notices, how computed, 426. Laws of other states and other governments, how proved. TITLE XIII. Actions in particular cases: CHAPTER I. Actions against foreign corporations, II. Actions in place of scire facias, quo warranto, and of informa tions in the nature of quo warranto, III. IV. Actions to determine conflicting claims to real property, and for Actions for the partition of real property, waste and nuisances, V. General provisions relating to actions concerning real property. 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 informations in the nature of quo warranto: SECTION 428. Scire facias and quo warranto abolished and this chapter sub 429. 430. stituated, Action may be brought by attorney-general to vacate a charter, by direction of legislature, Action to annul a corporation, when and how brought by attorney-general, by leave of supreme court, 431. Leave, 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 an office, 436. Judgment in such action, 437. Assumption of office, &c., by relator, when judgment is in his favor, 438. Proceedings against defendant, on refusal to deliver books or papers, 439. Damages, how recovered, 440. One action against several persons claiming office or franchise, 443. Costs against corporation or persons claiming to be such, how collected, 444. Restraining corporation and appointment of receiver, 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 parti tion. 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 prosecuted, 450. Action of waste abolished. Waste how remediable, 451. Provisions of Revised Statutes applicable to actions for waste 452. When judgment of forfeiture and eviction to be given, 454. Remedy for injuries heretofore remediable by writ of nuisance. CHAPTER V. General provisions relating to actions concerning real property: SECTION 455. Provisions of Revised Statutes applicable thereto. TITLE XIV. Provisions relating to existing suits: SECTION 456. Appeal from order at a special term, on summary application, after judgment, 457. 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. 467. Rule of strict construction of statutes inapplicable to this act, 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 provi sions, 472. Certain parts of revised and other statutes not repealed, AN ACT to amend an act entitled "An act to facilitate the determination of existing suits in the Courts of this State." Passed April 11, 1849. TITLE I. Provisions relating to the Courts in general: CHAPTER I. Sections of the Code of Procedure referred to and applied to existing suits, II. Other provisions relating to existing suits. CHAPTER I. Sections of the Code of Procedure referred to and applied to existing suits. CHAPTER II. Other provisions relating to existing suits. TITLE II. Provisions relating to Courts in the First Judicial District. |