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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
court, ...

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307. Amount of costs allowed,

308. Allowance, in addition, of a percentage on the recovery
or claim,..

309. Percentage, how computed,.

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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-
trator, trustee of an express trust, or a person expressly
authorized by statute to sue,

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318. Costs on review of a decision of an inferior court, in a
special proceding,

319, 320. Costs in actions by the people,

321. Costs against assignee of cause of action after action

brought,

322. Costs on a settlement,

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TITLE XI.

OF APPEALS IN CIVIL ACTIONS,.

CHAPTER I. Appeals in general,.

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II. Appeals to the court of appeals,.

III. Appeals to the supreme court from an inferior court,
IV. Appeals in the supreme court, and the superior court,
and the court of common pleas of the city of New
York, from a single judge to the general term,
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,

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APPEALS IN GENERAL,

CHAPTER I.

Section 323. Writs of error abolished, and appeals substituted, 324. Orders made out of court, how vacated or modified,

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328. Clerk to transmit papers to appellate court,

329. Intermediate orders affecting the judgment, may be re

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Section 331. Certain appeals to be within two years, . 332. Other appeals within thirty days,...

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334. On any appeal security must be given to pay costs and
damages, not exceeding $250, or deposit made, unless
waived,...

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335. On judgment for money, security to stay execution,. . . .
336. If judgment be to deliver documents, they must be de-

posited,...

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337. If to execute conveyance, it must be executed and de

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338. Security where judgment is to deliver property, for a
sale of mortgaged premises,

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posited,

339. Stay of proceedings upon security given,.
340. Undertakings may be in one instrument, or several,....
341. Security to be approved and to justify,..

342. Perishable property may be sold, notwithstanding appeal,
343. Undertaking must be filed,.

CHAPTER III.

APPEAL TO THE SUPREME COURT FROM AN INFERIOR COURT,
Section 344. In what cases,

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
COURT OF COMMON PLEAS OF THE CITY OF NEW YORK, FROM A
SINGLE JUDGE, TO THE GENERAL TERM,.
Section 348. Appeals from circuits and special terms to same court in

general term. Security on appeal,.

349. Orders by a single judge, may be appealed from in cer

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350. Orders at chambers to be entered before appeal,

CHAPTER V.

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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, .

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354. Copy affidavit and notice of appeal to be served,.

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358. In case of death of justice, undertaking to be filed, .... 103 359. Counter affidavits allowed, and when and how served,.. 103

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Section 360. Return when and how made, and compelled,
361. How made if justice be out of office,..
362. Further return may be ordered,...
363. If justice be dead, insane or absent from State, witnesses
to be examined. If in another county, return may be
compelled,

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364. Hearing, upon return. Dismissing appeal, if not brought

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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,
and tenants holding under a judgment debtor,..

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III. Confession of judgment without action,
IV. Offers of the defendant to compromise the whole or a
part of the action,...

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VI. Examination of parties,..

V. Admission or inspection of writings,.

VIL Examination of witnesses,

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VIII. Motions and orders,.

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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,

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CHAPTER I.

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Section 372. Controversy how submitted without action,

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373. Judgment on, as in other cases, but without costs,
374. Judgment may be enforced, or appealed from, as in an
action,

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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,

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

moned,

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Section 377. Form of summons,

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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

liability,

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

CHAPTER IV.

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OFFERS OF THE DEFENDANT TO COMPROMISE THE WHOLE OR A PART OF
THE ACTION,.

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Section 385. Defendant may serve offer to compromise and the proceedings thereon,.

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386. Defendant may offer to liquidate damages conditionally, 110 387. Effect of acceptance or refusal of offer,...

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CHAPTER V.

ADMISSION OR INSPECTION OF WRITINGS,

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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,
Section 389. Actions for discovery, abolished,

390. A party may examine his adversary as a witness, on the

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395. Testimony by a party not responsive to the inquiries,
may be rebutted by the oath of the party calling him, 112
396. Persons for whom action is brought or defended, may be
examined, ....

397. Examinations of co-plaintiff or co-defendant,.

EXAMINATION OF WITNESSES,.

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CHAPTER VII.

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

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401. Definition of a motion. Motions how and where made, 114

Section 402. When notice is necessary, it must be eight days before

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hearing,
403. In actions in supreme court, county judge may act at
chambers. His orders, how reviewed,.

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404. In absence of judge at chambers, motion may be trans-
ferred by him to another judge,..

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405. Enlarging time for proceedings in an action,

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NOTICES, AND FILING AND SERVICE OF PAPERS,

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

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413. Eight days' notice of motion, &c., before court or judge

when personally served,..

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414. Where papers need not be served on defendant,

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415. Service of papers where party resides out of the state,.. 117 416. Summons and pleadings to be filed within ten days after

service,..

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417. Service, where party appears by attorney,

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418. This chapter not to apply to summons or process, or to
papers to bring party into contempt,..

Section 419. Duty of sheriff and coroner in serving or executing pro

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Section 420. Guardian not to receive property until security given,.. 118

CHAPTER XIV.

POWERS OF REFEREES, . .

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

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424. Judgment on bond and warrant of attorney, executed
before July 1, 1848,

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