8. When service of notice of object of suit is actually rendered by any person other than the party or his attorney, the prevailing party will be allowed a reasonable sum for such services, if charged as disbursements, and duly verified.

9. For service of notiee of object of suit, one-half the sum allowed for serving the summons is deemed sufficient-that is, twenty-five cents for each defendant served.

10. When service of notice of object of suit is made by the sheriff, the certificate of service should be embodied in the return to the summons.

11. Whether the certificate of service of notice of object of suit be embodied in the return to the summons or not, no fee is provided for it, nor can any be allowed, for. unlike the certificate to the summons, it is not a return to process.

12. (4 Q.) It is not necessary to the commencement of any action that a copy of the complaint be served upon the defendant.

13. A defendant is brought into court by the service of the summons alone, even if the complaint is not served.

14. Where the notice of object of suit has not been served, it does not deprive the court of the power, in equity cases, to award costs for unreasonably defending, against defendants upon whom a copy of the complaint has been served.

15. Service of notice of object of suit will be unnecessary, if a copy of the complaint is served with the summous, as the complaint more fully furnishes the defendant with the necessary information.

16. The court should, in its discretion, award costs against a defendant for unreasonably defending, whether he has been served with a copy complaint or with a notice of object of suit, as in either case he must have known the object of the suit.

$132. Notice of pendency of action affecting title to real property.

In an action affecting the title to real property, the plaintiff, at the time of filing the complaint, or at any time afterwards, or whenever a warrant of attachment, under chapter four of title seven, part second of this Code, shall be issued, or at any time afterwards, the plaintiff or a defendant when he sets up an affirmative cause of action in his answer and demands substantive relief, at the time of filing his answer, or at any time afterwards, if the same be intended to affect real estate, may fle with the clerk of each county in which the property is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and the description of the property in that county affected thereby; and if the action be for the foreclosure of a mortgage, such notice must be filed twenty days before judgment, and must contain the date of the mortgage, the parties thereto, and the time and place of recording the same. From the time of filing

only shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby; and every person whose conveyance or incumbrance is subsequently executed or subsequently recorded, shall be deemed a subsequent purchaser or incumbrancer, and shall be bound by all proceedings taken after the filing of such notice. to the same extent as if he were made a party to the action. For the purposes of this section an action shall be deemed to be pending from the time of filing such notice; provided, however, that such notice shall be of no avail unless it shall be followed by the first publication of the summons on an order therefor, or by the personal service thereof on a defendant within sixty days after such filing. And the court in which the said action was commenced may, in its discretion, at any time after the action shall be settled, discontinued or abated, as is provided in section number one hundred and twenty-one, on application of any person aggrieved, and on good cause shown, and on such notice as shall be directed or approved by the court, order the notice authorized by this section to be canceled of record by the clerk of any county in whose office the same may have been filed or recorded; and such cancellation. shall be made by an indorsement to that effect on the margin of the record, which shall refer to the order, and for which the clerk shall be entitled to a fee of twenty-five cents.

1. Question. Has this section been amended since its passage in 1848 ?

Answer. It has, in 1849, 1851, 1857, 1858, 1862 and 1866, which last amendment reads as above.

2. Q. How did this section read in 1848, 1849, 1851, 1857, 1858 and 18621 A. As follows:

§ 111. [1848.] In an action affecting the title to real property, the plaintiff, at any time after the commencement thereof, may file with the clerk of each county, in which the property is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and a de

scription of the property in that county affected thereby; and, if the action be for the foreclosure of a mortgage, the date of the mortgage, the parties thereto, and the time and place of recording the same. In such case only shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby.

§ 132. [1849.] In an action affecting the title to real property, the plaintiff, at the time of commencing the action, or at any time afterwards, may file with the clerk of each county in which the property is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the property in that county affected thereby; and if the action be for the foreclosure of a mortgage, such notice must be filed twenty days before judgment, and must contain the date of the mortgage, the parties thereto, and the time and place of recording the same. From the time of filing only, shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby.

§ 132. [1851.] In an action affecting the title to real property, the plaintiff, at the time of filing the complaint, or at any time afterwards, may file with the clerk of each county in which the property is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the property in that county affected thereby; and if the action be for the foreclosure of a mortgage, such notice must be filed twenty days before judg ment, and must contain the date of the mortgage, the parties thereto, and the time and place of recording the same. From the time of filing only shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby.

§ 132. [1857.] In an action affecting the title to real property, the plaintiff, at the time of filing the complaint, or at any time afterwards, or whenever a warrant of attachment under chapter four of title seven, part second, of this Code shall be issued, or at any time afterwards, the plaintiff, if the same be intended to affect real estate, may file with the clerk of each county in which the property is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and the description of the prop

erty in that county affected thereby; and if the action be for the foreclosure of a mortgage, such notice must be filed twenty days before judgment, and must contain the date of the mortgage, the parties thereto, and the time and place of recording the same. From the time of filing only shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby.

132. [1858.] In an action affecting the title to real property, the plaintiff, at the time of filing the complaint, or at any time afterwards, or whenever a warrant of attachment under chapter four of title seven, part second, of this Code shall be issued, or at any time afterwards, the plaintiff, if the same be intended to affect real estate, may file with the clerk of each county in which the property is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and the description of the property in that county affected thereby; and if the action be for the foreclosure of a mortgage, such notice must be filed twenty days before judgment, and must contain the date of the mortgage, the parties thereto, and the time and place of recording the same. From the time of filing only shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby. And every person whose conveyance or incumbrance is subsequently executed or subsequently recorded, shall be deemed a subsequent purchaser or incumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he were made a party to the action.

§ 132. [1862.] In an action affecting the title to real property, the plaintiff, at the time of filing the complaint, or at any time afterwards, or whenever a warrant of attachment under chapter four of title seven, part second, of this Code shall be issued, or at any time afterwards, the plaintiff, if the same be intended to affect real estate, may file with the clerk of each county, in which the property is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and the description of the property in that county affected thereby; and if the action be for the foreclosure of a mortgage, such notice must be filed twenty days before judgment, and must contain the date of the mortgage, the parties thereto, and the time and place of recording the same. From the time of filing only shall the pendency of

the action be constructive notice to a purchaser or incumbrancer of the property affected thereby. And every person whose conveyance or incumbrance is subsequently executed or subsequently recorded, shall be deemed a subsequent purchaser or incumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he were made a party to the action.

For the purposes of this section an action shall be deemed to be pending from the time of the filing of such notice; provided, however, that such notice shall be of no avail, unless it shall be followed by the first publication of the summons on an order therefor, or by the personal service thereof on a defendant within sixty days after such filing.

And the court in which the said action is pending may, in its discretion, at any time after the action shall have become abated, as is provided in section number one hundred and twenty-one, on good cause shown, and on application of any party aggrieved, after the action shall have become abated as is provided in section one hundred and twenty-one, direct the notice authorized by this section to be removed from record by the clerk of any county in whose office the same may have been filed.

Questions.

3. Q. When is a notice of lis pendens properly filed, and what is the effect of not filing it? Q. What power has the court over a notice of lis pendens properly filed!

5. Q. What provision is made by law for recording notices of lis pendens in King's county}

3. Q. When is a notice of lis pendens property fited, and what is the effect of not filing it? A. In Brandon agt. McCann, 1 Code R., 38, Special Term, August, 1848, it was decided by the COURT, that the Code does not dispense with the necessity of filing a notice of lis pendens in mortgage cases.

In Potter agt. Rowland, 4 Seld. 450, June, 1854, WILLARD, J., it was decided, that a notice of suit pending under "the act to reduce the expense of foreclosing mortgages in the Court of Chancery," passed May 14, 1840, describing the mortgage and the ward and county where it was situated, and setting forth that the mortgage was recorded, but without stating in what county, was a substantial compliance with the statute. A decree made without proof of filing the notice of suit pending would be irregular, but not void. The Judge said: The notice annexed to the affidavit contains a clause, saving that the mortgage was "recorded in the office of the clerk of Erie county." These words are omitted in the notice filed. But without these words no one could be misled by it. The affidavit of the clerk in which he swears that the notice filed was "a copy, he believes, of the one subjoined to his affidavit, was enough. It was not a very lawyer like affidavit. The decree would not have been void had no affidavit of lis pendens been produced. It would only have been irregular. (Curtis agt. Hitchcock, 16 Paige, 399.) The demurrer to the complaint was well taken, and the judgment of the supreme court should be affirmed.

In Curtis and others agt. Hitchcock, 10 Paige, 399, November, 1843, WALWORTH, Ch., it was decided, that the notice of lis pendens required to be filed by the Revised Statutes, and by the rules of the court of chancery, does not affect the rights of persons who do