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CHAPTER II. Proceedings supplementary to the exe-.

cution.

CHAPTER I.

The execution. Execution within five years, of course, as prescribed by this title...

.$ 283 After five years, to be issued only by leave of court. Leave, how obtained.

Execution on judgment of justices' or other inferior courts when docketed, how issued......

284 Other judgments, how enforced..

285 The different kinds of execution..

286 To what counties execution may be issued 287 Execution against the person, in what cases, and when...

288 Form of the execution

289 To be returnable in sixty days

290 Existing laws relating to execution continued, until otherwise provided..

291 CHAPTER II. Proceedings supplementary to the execution. When execution returned unsatisfied, order for discovery of property allowed.

Also when judg ment' debtor refuses to apply property to satisfy judgment. Manner of proceeding to examine judgment debtor... Any debtor may pay execution against his creditor, 293 Examination of debtors of judgment debtor or of

those having property belonging to him........ 294 Witness required to testify...

295 Compelling party or witnesses to attend. Examinations when to be on oath

296 Judge may order property to be applied on execucution

297 Judge may appoint receiver, and prohibit transfer,

&c., of property Proceedings upon claim of another party to proper

.$ 292

298

CHAPTER 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 infenor court.

fied.

CHAPTER I.

Appeals in general. Writs of error abolished, and appeals substituted, $ 323 Orders made out of court, how vacated or modi

324 Who may appeal

325 Parties how designated on appeal

326 Appeal how made

327 Clerk to transmit papers to appellate court

328 Intermediate orders affecting the judgment, may be reviewed on the appeal

329 Judgment on appeal

330 Certain appeals to be within two years........... 331 Other appeals within thirty days

332

CHAPTER II.
Appeals to the Court of Appeals.
In what cases..

$ 333 On any appeal security must be given to pay costs

and damages, not exceeding $250, or deposit made, unless waived

334 On judgment for money, security to stay execu

335 If judgment be to deliver documents, they must be

deposited .. If to execute conveyance, it must be executed and depositea

337

tion

336 $ 341

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

..$ 338 Stay of proceedings upon security given

339 Undertakings may be in one instrument, or several. 340 Security to be approved and to justify..

341 Perishable property may be sold, notwithstanding appeal....

342 Undertaking must be filed.

343 CHAPTER III. Appeal to the Supreme Court

from an inferior court. In what cases. Security must be given as upon appeal to the court of appeals

345 Appeal, where heard...

346 Judgment on appeal, where entered and docketed, 347

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. Appeals from circuits and special terms to same

court in general term. Security on appeal.....$ 348 Orders by a single judge, may be appealed from in certain cases

349 Orders at chambers to be entered before appeal... 350

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. Existing laws repealed, and this chapter substitu

ted By what courts judgments to be reviewed........ 352 Appellant to make affidavit..

.. 353 Copy affidavit and notice of appeal to be served ..

354 Security to stay execution

355 Form of undertaking..

356

.$ 351

..$ 357

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

359 Return when and how made, and compelled 360 How made if justice be out of office.

361 Further return may be ordered..

362 If justice be dead, insane or absent from state, wit

nesses to be examined. If in another county, return may be compelled .

363 Hearing, upon return. Dismissing appeal, if not brought on...

364 To be heard on original papers...

365 Judgment, how given

366 Judgment roll

367 Costs, how awarded.

368 Ordering restitution

369 Setting off costs and recovery ......

370 The costs on appeal...

371

TITLE XII. Of the miscellaneous proceedings in civil actions, and

general provisions. CHAPTER I. Submitting a controversy, without ac

tion. II. Proceedings against joint debtors, heirs,

legatees, devisees, and tenants hold

ing under a judgment debtor.
III. Confession of judgment without action.
IV. Offers of the defendant, to compromise

the whole or a part of the action.
V. Adinission or inspection of writings.
VI. Examination of parties.
VII. Examination of witnesses.
VIII. Motions and orders.
IX. Entitling affidavits.
X. Computation of time.
XI. Notices, and filing and service of pa-

pers.
XII. Duties of sheriffs and coroners.

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