B. BAIL, discharge from, arrest upon, 163. how given, 164. surrender in discharge of, 165. power of to arrest defendant, 165. how proceeded against, 165. how exonerated, 165. sheriff to deliver copies of undertakings of, to plaintiff, 165. when deemed to be accepted, 165. notice of justifying, 166. qualification of, 166. how to justify, 166, 358. allowance of, 166. giving bail after deposit, 167. deposit instead of, how disposed of after judgment, 167. taken on arrest, liable to sheriff, 167. motion to reduce amount of, 168. who may not be, 164, n. deposit in lien of, 166. sheriff when liable as, 167. sheriff, how discharged from liability, 167. liable to sheriff, 167. practice on motion to reduce, 168, n., 170. BANK, accounts with, how kept, 357. orders upon, in what form, 357. BANKING ASSOCIATIONS, actions against directors of, 68. BATTERY. See, Assault and Battery. BILL of Exception, to obtain a review of the evidence on a trial by jury, 216. 66 the court, 217. referees, 226, n. to be attached to judgment roll, 213. when not served in time, 342. what it should contain, 343. irrelevant matter to be stricken out of, 343. mode of turning case into, 342 360. BILLS of Exchange and Promissory Notes, assignee of, action by, 73. BOND, actions on in justice's court, 39. put in circulation as money by moneyed judgment, how entered on, in certain cases, 311. to be acknowledged or proved, 353. See, Instalment. BOOKS and Papers, discovery of, 290, 340, 341. to be kept by the several clerks, 232, 340. C. CALENDAR, clerk to enter issue on, 207. issue on, how disposed of, 208. Court of Appeals, court to provide for preference of causes on, 20, 337. to be printed, 338. Superior Court, for trial term, how prepared and called, 359. for special term, how prepared and when taken Supreme Court, in what cases causes may be struck from, 344. on motion for review, or to set aside verdict or nonsuit, within what time to be filed, 342. to be turned into a bill of exceptions, 342. to be inserted in papers on appeal, 344. to review proceedings before referee, 343, 217, 226, n. Superior Court, to set aside verdict as against evidence; what to con- how prepared and settled, and when may be turned into bill of exceptions, 360. when to be brought on for argument, 360. Court of Appeals, to be made by appellant, 337. what it shall consist of, 337. to be indexed if voluminous, 337. how printed, 338. three copies to be served on adverse party within forty eight copies for the judges, 338. five copies to clerk, 338. CASES, when to be printed, 345. not provided for, 359. See, Bill of Exceptions. CERTIORARI, to remove interlocutory proceeding, 346. order at, how vacated, 264. order at, appeal from to general term, 273, 276. when and by what parties attended, and what business disposed CHARTER, action upon of corporation of New-York, 52. action upon of cities, 53. CIRCUIT, number of counsel to examine witnesses and sum up at, 341. repeal of statutes relating to, 22. how appointed, 24. extraordinary, how appointed, 25. places and times of holding, 25. where to be held, 24. proceedings when judge unable to hold, 26. supervisors or sheriff to provide room for holding, 26. and oyer and terminer may be held together, 24. juries may be drawn for adjourned circuit, 25. CIRCUIT JUDGES, how designated, 24. appointment of to be published, 26. transact business out of court, 27. CITY COURT, Brooklyn, statutes, regulating, 33. CITY COURTS. See, Mayors' Courts, Recorders' Courts. CIVIL ACTION, defined, 13. CLAIM, and delivery of personal property. See Personal property. CLERK, defined, 325. duties of, on entering judgment, 213. on appeal to transmit copy to Appellate Court, 265. to keep a judgment book, and other books, 232, 340. to insert costs in judgment, 257. fees to, 258. COMMON LAW, rule as to construction altered, 325. of other States evidence of, 311. COMMON PLEAS, New-York Court of, Jurisdiction, 31, 34. terms how held, 35. to appoint a crier, 35. supreme court may change the places of trial of actions pend- appearance without objection gives jurisdiction to, 33. rules of, 361. rules of supreme court apply to, 326. may review judgments of Marine and Justices' courts, 34. COMPLAINT, the first pleading by plaintiff, 118. filing of, 308. may be dismissed for neglect to prosecute action, 229. on bills and notes, 119. n. 142. on bonds, 119. n. 142. against common carrier, 119, n. creditor's suit, 119, n., for dower, 120, n., for false imprisonment, 120, n., for goods sold, 120, n., for breach of promise of marriage, 120, n., to recover personal property, 121, n., by receivers, 121, n., for slander, 121, n., 142. need not be positive, 121, n. for violation of statutes against usury 121, n., where defendant to be arrested, 121, n. fee for serving when taxable, 257, n., dismissed for want of prosecution, 228, 343. COMPROMISE, offer of, 289, 290. COMPUTATION, of time, 305. of further time, 306, n. CONDITIONAL EXAMINATION, of party to action, 292. CONDITION PRECEDENT, performance of how pleaded, 142. in justices' courts, 39. CONFLICTING CLAIMS, to real property, 320. to personal property, 175. CONSTABLE, time of limitation in actions against, 64. of statutes, 325. CONTEMPT, service of proceedings to bring into, 309. proceedings for, not affected by provisions as to arrest, 158. CONTRACT, actions on within what time to be brought, 63. COPY PLEADINGS, &c., to be furnished to court on jury trial, 211. CORONER, action against, time of limitation in, 64. duty of, where sheriff a party, 309. action against, for escape, 64. CORPORATIONS, moneyed, actions against. - to enforce payment of bills of, 68. by-law or charter, action on, 52, 53. religious, sale or mortgage of real property of, 27. foreign, actions against, 312. service of summons on, 101, 192, n., 104. COSTS, former laws respecting, repealed, 249. of course to plaintiff when, 250. " 66 defendant," in other cases, 252. 251. amount of when allowed, 253. additional, when allowed, 254, 358. how estimated, 256. and interest, when allowed, 257. of postponement, 259. how settled, 257. notice of settling, 257. of motion, 259. of judgment by confession, 287. when answer of title in Justice's Court, 44, 45. in actions removed from courts of Justice of the Peace, 61. in actions by infants, 260. . 66 86 66 66 executors, &c., 261. in name of the People of State, 262. where cause of action assigned, 262. against several defendants, 251, 252. when in discretion of Court, 252, 282. on appeal from Justices' Courts, where judgment affirmed, 282. 66 reversed, 282. affirmed in part, 282. where judgment collected and after- where recovery by one party, and award of costs to other, 283. amount of costs on, 283. how regulated, 283, 360. COSTS, after notice of no personal claim, 100. in proceedings supplementary to execution, 247. security for, 250 n. double, right to, 249 n. where several defendants, 251, 252. in claims against deceased persons, 261. COUNSEL, number to examine witness, &c., at circuit, 341. only one to be heard on a side, when, 341. to endorse his name on the affidavit of service, when he takes a de- only one on a side in court of appeals, 338. COUNTY COURT, statutes relating to, repealed, 27. jurisdiction of, 27. may grant new trials, 27. terms of, 29. jury in, 30. terms of may be adjourned, 25. juries may be summoned for adjourned, 25. COUNTY JUDGE, power of, 302. COUNTY TREASURER, money to be paid to, 356. COURTS, in general, enumerated, 15. jurisdiction of, 16. See title of each court. CRIER, of Superior Court and Court of Common Pleas, appointment of, &c., 35. section 71 does not abrogate, 57. CRIMINAL ACTIONS defined, 13. when may be heard, 345. CRIMINAL CONVERSATION, justices' courts have no jurisdiction of actions for, 42. actions for, within what time to be brought, 63. CURRENT ACCOUNT, time of limitation in action on, 64. D. DAMAGES, when recoverable rate of, 230. DEBTORS, absconding, &c., (see Attachment.) to judgment debtors, proceedings against, 244. DECREE, actions on, within what time, 63. for not appearing to oppose motion, 343. DEFECT, (see Error.) DEFENDANT, definition of, 57. who to be made, 78. |