201-203-

CHAPTER II.

Proceedings supplementary to the execution,

.....

SECTION 247. If execution be returned unsatisfied, an order for discovery of

property allowed,

248. Any debtor may pay an execution against his creditor,.

249. Order for examination of debtor,

250. Witnesses may be examined,....

251. Party or witness must be examined in the county,..

252. Judge may order property to be applied,..

253. May appoint a receiver,..........

254. Adverse claims to property to be tried by action,..

255. Judge may order reference,

.......

256. May allow costs to a party or witness,...

257. Disobedience to be punished as a contempt,..

TITLE X.

Of the Costs in Civil Actions,.....

204-212

SECTION 258. Fee bill abolished. Specific allowances given, termed costs,.. 208-212

263, 264. Allowance, in addition, of a per centage on the recovery or

claim,

210

265. Interest on verdict or report added as part of costs,.

2.0

266. Clerk to insert costs in judgment,..

211

269. Postponement of trial, amount payable thereon,..

270. No costs on motion,...

TITLE XI.

Of appeals in civil actions,.....

211

211

215

212

III. Appeals to the supreme court, from an inferior court,....

IV. Appeals in the supreme court, and the superior court, or
the court of common pleas of the city of New-York, at a spe-
cial term, from a single judge, to the general term,..

V. Appeals to the superior court of the eity of New York, or to a

county court, from an inferior court,..

CHAPTER I.

213

213-216

216-219

220, 221

221223

223

275. Appeals made by serving and filing notice with clerk,

214

SECTION 276. Clerk to transmit papers to appellate court,....

215

277. Intermediate orders affecting the judgment, may be reviewed

283. Security must be given to pay costs and damages,.

284. If judgment for money, security to stay execution,.

285. If to deliver documents, they must be deposited,

286. If to execute conveyance, it must be deposited,

287. If to deliver property, security for, also on mortgage sale,.

288. Security given, proceedings stayed,..........

289. Undertakings in one instrument or several,

290. Security to be approved, and to justify,

291. Perishable property may be sold,....

292. Undertaking be filed,.....

....

CHAPTER III.

216-219

216

216

217

217

217

218

218

219

219

219

219

Appeals to the supreme court from an inferior court, ..... 220, 211

SECTION 293. Appeal, in what cases,...

...

294. Security to be given as on appeal to courts of appeals,.

295. Where heard, ....

296. Papers, by whom furnished,..

220

220

220

221

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,

.....

221-223

SECTION 297. Appeals allowed from circuits and special terms to same court

in general term; where heard, and security required,.......

298. Decision on facts at general term final,

......

299. Orders in certain cases may be appealed from,

300. Orders at chambers to be entered before appeal,..

CHAPTER V.

Appeal to the superior court of the city of New-York, or to a

county court, from an inferior court,

221

222

222

222

223-231

SECTION 301. Existing laws for review of judgments repealed, and this

302. Judgments to be reviewed by superior court, and by county

SECTION 307. Order to stay, and security how served,.

308. In case of death of justice, to be filed,..

309. Counter affidavits allowed,

310. Appeal may be heard on affidavits,....

311. Return when and how made, and compelled,

312. In case justice be out of office,...............

313. Amended return may be required,

314. If justice be dead witnesses to be examined,.

315. Hearing, upon return,

.....

226

227

227

227

227

228

228

228

228

Of the miscellaneous proceedings, in civil actions, and general

provisions,

CHAPTER I. Submitting a controversy, without action,.....

232

232, 233

II. Proceedings against joint debtors, heirs, legatees, devisees,

and tenants holding under a judgment debtor,..

.234-236

III. Confession of judgment without action,.

.236-238

....

IV. Offers of the defendant, to compromise the whole or a part of

SECTION 325. Parties may submit controversy without action,.......

.232, 233

232

233

233

326. Judgment on, same as in other cases, but without costs,

327. Judgment may be enforced, or appealed from, as in an action,.

CHAPTER II.

Proceedings against joint debtors, heirs, devisees, legatees

and tenants, holding under a judgment debtor,

234-236

235

235

235

236

236

236

236

236-238

237

237,238

SECTION 328. Parties not summoned in an action on joint contract, may be

summoned after judgment,................

329. If judgment debtor die, his representatives may be summoned,

330. Contents of summons,...

331. Affidavit of amount due required,

332. Party summoned may defend by answer,.

333. Reply and trial as in other actions,

334. Reply and answer to be verified,

CHAPTER III.

Confession of judgment, without action,....

SECTION 335. Judgment on debt, or liability authorized,.

336. Statement, and what it must contain,.......

337. To be filed, and clerk to enter judgment,..

CHAPTER IV.

Offers of the defendant, to compromise the whole or a part of

the action, ...

SECTION 338. Defendant may serve offer to compromise and the proceedings

thereon,....

339. Defendant may offer to liquidate damages conditionally,

340. If plaintiff accept or refuse, the effect thereof,....

CHAPTER V.

Admission or inspection of writings,.....

SECTION 341. A party may be required to admit a paper to be genuine, or

pay expense of proving it,...:.......

342. A party may demand inspection and copy of a paper,.

CHAPTER VI.

Examination of parties,.

SECTION 343. Abolishes the action for discovery,.....

344. A party may call his adversary as a witness,.

345. Such examination allowed before trial,

346. Party may be compelled to attend,

348. If he refuse, may be punished as for contempt,........

238

238-240

239

240

240

241, 242

241

211

242-246

242

242

242

243

243

243

243

244

349. Testimony by a party not responsive to the inquiries, may be

rebutted by the oath of the party calling him,.....

350. Persons for whom action is brought or defended,..

CHAPTER VII.

Examination of witnesses,.

246-251

SECTION 351. No witness to be excluded by reason of interest,

352. Nor by reason of sentence for felony,.......

246

246

353. Witness not obliged to attend out of his county,..

249

354.

355.

Proceedings to examine witness out of his county,............................ 249, 250

356. Witness disobeying order may be punished as for contempt,..

250

253

253

253

353

.....

253

254

361. Motions to be made in the district or adjoining county,....

362. Orders may be made with or without notice to shew cause,..

363. When notice is necessary, it must be served five days before

hearing, ....

364. In actions in supreme court county judge may act,.

365. In the absence of judge, motion may be transferred,

366. Time may be enlarged on affidavit,

373.

374.

Notice when party served resides within fifty miles, &c.....

256

375. Where defendant has not answered, papers need not be served

on him,...

257

376. Where party resides out of state, service may be on clerk,

377. Summons and pleadings to be filed within ten days after service

378. Where party appears by attorney, service to be on the attorney,

379. Provisions of this chapter not to apply to process for contempt,

&c.,......

257

257

257

257

CHAPTER XII.

Duties of sheriffs and coroners,.

SECTION 380. Duty of sheriff and coroner in serving or executing process, &c.,

SECTION 381. Guardian not to receive property until security is given,................

CHAPTER XIV.

Powers of referees,...

SECTION 382. Referees authorized to administer oaths, &C.,................

258

258

258

258

258

258