TITLE X. OF THE COSTS OF CIVIL ACTIONS,.... Section 303. Fee bill abolished. Allowances given, termed costs,. 304. When allowed, of course, to plaintiff,. 305. When allowed to defendant,. 306. When allowed to either party in the discretion of the Page. 307. Amount of costs allowed, 308. Allowance, in addition, of a percentage on the recovery 309. Percentage, how computed,. 310. Interest on verdict or report, when allowed,. 311. Costs, how to be inserted in judgment,. 312. Clerk's fees,.. 313. Referee's fees, 314. Costs on postponement of trial, 315. Costs on a motion, 316. Costs against infant plaintiff, .... 317. Costs in an action by or against an executor or adminis- 91 92 92 92 318. Costs on review of a decision of an inferior court, in a 319, 320. Costs in actions by the people, 321. Costs against assignee of cause of action after action brought, 322. Costs on a settlement, 93 TITLE XI. OF APPEALS IN CIVIL ACTIONS,. CHAPTER I. Appeals in general,. 93 93 95 98 II. Appeals to the court of appeals,. III. Appeals to the supreme court from an inferior court, 99 APPEALS IN GENERAL, CHAPTER I. Section 323. Writs of error abolished, and appeals substituted, 324. Orders made out of court, how vacated or modified, 328. Clerk to transmit papers to appellate court, 329. Intermediate orders affecting the judgment, may be re 100 93 94 94 94 94 94 94 94 94 Section 331. Certain appeals to be within two years, . 332. Other appeals within thirty days,... 334. On any appeal security must be given to pay costs and .... 335. On judgment for money, security to stay execution,. . . . posited,... Page. 95 95 95 95 96 96 96 337. If to execute conveyance, it must be executed and de 96 338. Security where judgment is to deliver property, for a 97 97 posited, 339. Stay of proceedings upon security given,. 342. Perishable property may be sold, notwithstanding appeal, CHAPTER III. APPEAL TO THE SUPREME COURT FROM AN INFERIOR COURT, 345. Security must be given as upon appeal to the court of appeals, 346. Appeal, where heard,... 347. Judgment on appeal, where entered and docketed, CHAPTER IV. APPEALS IN THE SUPREME COURT, AND THE SUPERIOR COURT AND general term. Security on appeal,. 349. Orders by a single judge, may be appealed from in cer 350. Orders at chambers to be entered before appeal, CHAPTER V. APPEAL TO THE COURT OF COMMON PLEAS FOR THE CITY AND COUNTY OF NEW YORK, OR TO A COUNTY COURT, FROM AN INFERIOR COURT, 100 Section 351. Existing laws repealed, and this chapter substituted,.... 101 352. By what courts judgments to be reviewed,. 353. Appellant to make affidavit, . 354. Copy affidavit and notice of appeal to be served,. 358. In case of death of justice, undertaking to be filed, .... 103 359. Counter affidavits allowed, and when and how served,.. 103 Page. 103 ... 104 104 Section 360. Return when and how made, and compelled, .. 104 364. Hearing, upon return. Dismissing appeal, if not brought OF THE MISCELLANEOUS PROCEEDINGS IN CIVIL ACTIONS, AND GENERAL PROVISIONS, CHAPTER I. Submitting a controversy, without action,. II. Proceedings against joint debtors, heirs, legatees, devisees, 106 107 .. 107 108 III. Confession of judgment without action, 109 ... 110 VI. Examination of parties,.. V. Admission or inspection of writings,. VIL Examination of witnesses, 110 111 .... 111 VIII. Motions and orders,. 113 IX. Entitling affidavits,.. X. Computation of time,. XI. Notices, and filing and service of papers, XII Duties of sheriffs and coroners, XIII. Accountability of guardians, XIV. Powers of referees,. XV. Miscellaneous provisions,. SUBMITTING A CONTROVERSY WITHOUT ACTION, 114 116 . 116 117 . 118 .. . 118 118 CHAPTER I. 107 Section 372. Controversy how submitted without action, 107 .... 373. Judgment on, as in other cases, but without costs, 107 108 CHAPTER II. PROCEEDINGS AGAINST JOINT DEBTORS, HEIRS, DEVISEES, LEGATEES AND 108 108 376. If judgment debtor die, his representatives may be sum moned, 108 Section 377. Form of summons, .... Page. 108 108 . 108 ... 109 109 378. To be accompanied by affidavit of amount due, 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 liability, 383. Statement in writing, and form thereof, CHAPTER IV. ... 109 .. 109 . 109 109 OFFERS OF THE DEFENDANT TO COMPROMISE THE WHOLE OR A PART OF 110 Section 385. Defendant may serve offer to compromise and the proceedings thereon,. .. 110 386. Defendant may offer to liquidate damages conditionally, 110 387. Effect of acceptance or refusal of offer,... 110 CHAPTER V. ADMISSION OR INSPECTION OF WRITINGS, 111 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, ... 111 CHAPTER VI. EXAMINATION OF PARTIES, 390. A party may examine his adversary as a witness, on the 395. Testimony by a party not responsive to the inquiries, 397. Examinations of co-plaintiff or co-defendant,. EXAMINATION OF WITNESSES,. 113 113 CHAPTER VII. 113 Section 398. No witness to be excluded by reason of interest, 399. To whom last section inapplicable, 401. Definition of a motion. Motions how and where made, 114 Section 402. When notice is necessary, it must be eight days before ... Page. ... 115 hearing, 115 404. In absence of judge at chambers, motion may be trans- 115 405. Enlarging time for proceedings in an action, 115 NOTICES, AND FILING AND SERVICE OF PAPERS, 116 Section 408. Notices and other papers, how served on party or at 116 413. Eight days' notice of motion, &c., before court or judge when personally served,.. 117 414. Where papers need not be served on defendant, 117 415. Service of papers where party resides out of the state,.. 117 416. Summons and pleadings to be filed within ten days after service,.. 117 417. Service, where party appears by attorney, 117 117 418. This chapter not to apply to summons or process, or to Section 419. Duty of sheriff and coroner in serving or executing pro Section 420. Guardian not to receive property until security given,.. 118 CHAPTER XIV. POWERS OF REFEREES, . . 118 Section 421. Referees authorized to administer oaths and to exercise powers now vested in referees by law,.. 424. Judgment on bond and warrant of attorney, executed 118 |