SECTION 35. General and special terms of the Superior Court and Common Pleas to be appointed, 15. 36. By whom held, 16. 37. Judgments where given, 16. 38. Concurrence of two judges necessary, 16. 39. Criers, how appointed. Salaries, how fixed, 16. 40. Superior Court, of whom to consist, 16. 41. Three justices of Superior Court to be elected, 16. 43. How classified, 16. 44. Expiration of terms and vacancies how filled, 17. 45. Powers of Judges and their salaries, 17. 46. Terms of Superior Court and by whom held, 17. 47. Certain civil suits may be transferred from the Supreme to the Superior Court, 18. 48. Jurisdiction of Superior court in such cases, 18. 49. Judges to hear for two years, suits transferred from Supreme court, 18. 50. Appeal to the Court of Appeals, 18. 51. Section 28 applied to Superior Court, 18. TITLE VI. Of the Courts of Justices of the Peace, 19-25. SECTION 52. 53. 54. Repeal of certain existing provisions, 19. Jurisdiction in civil actions limited, 20. 55. Answer of title to land, 21. 56. Undertaking therein, 21. 57. Suit before justice to be discontinued. Costs, 21. 58. Proceedings if undertaking not given, 22. 59. The same, 22. 60. New action in supreme court; pleadings therein, 22. 61. Costs of action in supreme court, 22. 62. Proceedings where several causes of action, and answer of title as to one, 22. 63. Docketing justices' judgments, and effect thereof, 23. 64. Rules in justices' courts, 23. RULE 1. The pleadings, 23. 2. Pleadings, how put in, 23. 3. Complaint, 23. 4. Answer, 23. 5. Pleadings, what to contain, 24. 6. Demurrer, 24. 7. Proceedings in demurrer, 24. 8. Plaintiff to prove his case, if defendant do not appear, 24. 9. Proceedings in action on account or instrument for the payment of money only, 24. 10. Variance, when disregarded, 24. 11. Amending pleadings, 25. 12. Execution, when issuable and returnable, 25. 13. Execution on justice's judgment docketed, 25. 14. Requiring party to exhibit his account, 25. 15. Certain provisions applicable to these courts. 25. TITLE VII. Of Justices' and other Inferior Courts in Cities, 26-29. CHAPTER I. The marine court of the city of New-York, 26-27. III. The justices' courts of cities, 27. IV. General provisions, 27. CHAPTER I. The Marine Court of the city of New-York, 26-29. SECTION 65. Its jurisdiction, 26–27. CHAPTER II. The Justices' Courts, in the city of New-York. CHAPTER III. The Justices' Courts of Cities. SECTION 67. Their Jurisdiction. CHAPTER IV. General Provisions. SECTION 68. Sections 55 to 64 applied to the courts embraced in this title. PART II. OF CIVIL ACTIONS, 29. TITLE I. OF THEIR FORM, 29-30. II. OF THE TIME OF COMMENCING THEM, 30-40. III. OF THE PARTIES, 41-44. IV. OF THE PLACE OF TRIAL, 44–46. V. OF THE MANNER OF COMMENCING THEM, 46-51. VI. OF THE PLEADINGS, 51-61. VII. OF THE PROVISIONAL REMEDIES, 62-81. VIII. OF THE TRIAL AND JUDGMENT, 82-93. IX. OF THE EXECUTION OF THE JUDGMENT, 94-101. X. OF THE Costs, 101-107. XI. OF APPEALS, 108-120. XII. OF THE MISCELLANEOUS PROCEEDINGS, 120-134. XIII. ACTIONS IN PARTICULAR CASES, 134–142. XIV. PROVISIONS RELATING TO EXISTING SUITS, 142–144. TITLE I. of the Form of Civil Actions, 29. Section 69. Distinction between actions at law and suits in equity, and forms of such actions and suits, abolished, 29. 70. Parties to an action, how designated, 29. 71. Actions on judgments, when and how to be brought, 29. 72. Feigned issues abolished, and order for trial substituted, 30. TITLE II. II. Actions for the recovery of real property, 31-35. CHAPTER I. 74. Time of commencing civil actions, 30. CHAPTER II. The time of commencing actions for the recovery of real CHAPTER III. The time of commencing actions other than for the re property, 31. Section 75. When the people will not sue, 31. 76. When action cannot be brought by grantee from the state. 31. 77. When actions by the people or their grantees to be brought within twenty years, 32. 78. Seisin within twenty years, when necessary in action for real property; 32. 79. Seisin within twenty years, when necessary in action or de. fence founded on title to for rents of real property, 32. 80. Action must be commenced within one year after entry, or within twenty years after right of entry, 32. 81. Possession when resumed. Occupation deemed under legal title, unless adverse, 52. 82. Occupation under written instrument or judgment, when deemed adverse, 33. 83. What constitutes adverse possession, under written instrument or judgment, 33. 84. Premises actually occupied, under claim of title, deemed to be held adversely, 34. 85. What constitutes adverse possession under claim of title not written, 34. 86. Relation of landlord and tenant, as affecting adverse pos session, 34. 87. Right of possession not affected by descent cast, 34. 88. Certain disabilities excluded from time to commence ac. tions, 34. covery of real property, 35–37. Section 89. Periods of limitation prescribed, 35. 90. Within twenty years, 35. count, 37. to be brought, 37. 97. Actions for relief, not before provided for, 37. 98. Actions by the people, subject to the same limitation, 37. CHAPTER IV. General Provisions as to the time of commencing Ac tions, 38–40. 100. Exception, where defendant is out of the state, 38. expires, 39. to be deducted, 40. 106. Disability must exist when right of action accrued, 40. 107. Where two or more disabilities, limitation does not attach, till all removed, 40. 108. This title, not applicable to bills, &c., of corporations, or to bank notes, 40. 109. Nor to actions against directors or stockholders of monied corporations or banking associations. Limitations in such cases prescribed, 40. TITLE III. of the parties to civil actions, 41–44. Section 111. Action to be in the name of the real party in interest, 41. 112. Assignment of a thing in action not to prejndice a defence, 41. 113. Executor or trustee may sue without the persons beneficially interested, 41. 114. When married woman is party, her husband to be joined, except, &c., 41. 115. Infant to appear by guardian, 42. 116. Guardian, how appointed, 42. 117. Who may be joined as plaintiffs, 42. 118. Who may be joined as defendants, 42. 119. Parties united in interest, when to be joined. When one or more may sue or defend for the whole, 43. SECTION 120. Plaintiff may sue in one action the different parties to com mercial paper, 43, 121. Action when not to abate by death, marriage, or other disability, &c. Proceedings in such case, 43. 122. Court when to decide controversy, or to order other parties to be brought in, 43. TITLE IV. Of the place of trial of Civil Actions, 44-45. SECTION 123. Certain actions to be tried where the subject or some part thereof is situated, 44. 124. Other actions, where the cause or some part thereof arose, 44. 125. Other actions, according to the residence of the parties, 45. 128. Action may be tried in any county unless defendant demand trial in proper county, 45. TITLE V. Of the manner of commencing Civil Actions, 46–51. SECTION 127. Actions how commenced, 46. 128. Summons, requisites of, 46. 129. Notice to be inserted in certain actions, 46. In such case what to be stated in summons and proceedings thereon, 46. 131. Defendant unreasonably defending, when to pay costs, 47. 132. Notice of pendency of action affecting title to real property, 48. 133. Summons, by whom served, 48. 134. Summons, how served and returned, 48. 135. Publication when defendant cannot be found, 48. 136. Proceedings when there are several defendants, and part 137. When service deemed made in case of publication, 50. 139. When jurisdiction of action acquired, 51. TITLE VI. Of the pleadings in Civil Actions, 51–61. CHAPTER I. The complaint, 51-52. SECTION 140. II. The demurrer, 52-53. III. The answer, 53-54. IV. The reply, 54. V. General rules of pleading, 55-58. VI. Mistakes in pleading and amendments, 59-61. CHAPTER I. The complaint, 51. Forms of pleadings inconsistent with this act abolished, 51. 141. First pleading to be complaint, 51. 142. Complaint, what to contain, 51. |