with the cause, and take a dismissal of the complaint, or a verdict, decision, or judgment, as the case requires. (2) An inquest, for want of an affidavit of merits, cannot be taken where the answer is verified. Co. Proc., 238, am'd. L. 1876, ch. 431, 10. (1) Ward v. Dewey, 12 How. 193. (2) Gurnee v. Hoxie, 29 Barb, 547, $981. What papers to be furnished on trial, and by whom. Where the issue is brought to trial by the plaintiff, he must furnish the court with copies of the summons and pleadings, and of the offer, if any has been made. Where the issue is brought to trial by the defendant, and the plaintiff does not furnish those papers, they must be furnished by the defendant. Co. Proc., 259, am'd. ARTICLE SECOND. THE PLACE OF TRIAL. Sac. 983. Certain actions to be tried, where the subject thereof is sitaated. 983. Other actions, where the cause thereof arose. 984. Other actions, according to the residence of the parties. 985. Place of trial, if proper county not designated. 988. Defendant may demand change; proceedings thereupon. 988. Effect of changing the place of trial. 989. Effect of order changing place of trial. 990. Issues of law, where trtable. 991. This article applicable only to the supreme court. § 982. Certain actions to be tried, where the subject thereof is situated. Each of the following actions must be tried in the county, in which the subject of the action, or some part thereof, is situated: an action of ejectment; for the partition of real property; for dower; to foreclose a mortgage upon real property,(1) or upon a chattel real; to compel the determination of a claim to real property; for waste; for a nuisance; or to procure a judgment, directing a conveyance of real property; and every other action to recover, or to procure a judgment, establishing, determining, defining, forfeiting, annulling, or otherwise affecting, an estate, right, title, lien, or other interest, in real property, or a chattel real.(2) But where all the real property, to which the action relates, is situated without the State, the action must be tried, as prescribed in section 984 of this act.(3) Substitute for part of Co. Proc., 123. (1) Birmingham Iron Feandry whether it is triable by a jury, or by the court, without a jury. The note of issue must be filed, at least twelve days before the commencement of the term. The clerk must thereupon enter the cause upon the calendar, according to the date of the issue. The clerk must prepare the calendar and have the necessary copies ready for distribution at least five days before the commence ment of the term. In the city and county of New-York and in the county of Kings, where a party has served a notice of trial, and filed a note of issue, for a term, at which the cause is not tried, it is not necessary for him to serve a new notice of trial, or file a new note of issue for a succeeding term; and the action must remain on the calendar until it is disposed of. (3) Co. Proc., part of 256, as am'd by L. 1876, ch. 431, 9. (1) Central Bank v. Alden, 41 How. 102; Dayton v. McIntyre, 5 id. 117; Tracy v. N. Y. Steam Faucet Co., 1 E. D. Smith, 349 Lesher v. Parmelee, 1 Wend. 22; N. Y. Cent. Ins. Co. v. Kelsey, 13 How. 535; Browning . Paige, 7 id. 487; North v. Sargent, 14 Abb. 224; Brown v. Richardson, 4 Rob. 603. (2) Clinton v. Myers, 43 How. 95; Regulations of Circuit Calendars, 13 d. 345. (3) Walsh v. Gregory, 19 Abb. 363; Culver v. Felt, Rob. 681; s. c., 30 How. 442; Vose v. Florida B. R. Co., 46 id. 424. 978. [Amended, 1877.] Issues how arranged. Order of disposition at a jury term. The issues on the calendar must be arranged by the clerk in the fol lowing order: 1. Issues of fact. 2. Issues of law. Where a jury is in attendance, the issues must be disposed of in the same order; unless, for the convenlence of parties, of the dispatch of business, the judge holding the term otherwise directs. 603. Substitute for Co. Proc., 257; am'ts. Miller v. Freeborn, 4 Rob § 979. Id.; when a jury does not attend. Where a Jury is not in attendance, issues of law have a prefer ence over issues of fact; unless the judge holding the term otherwise directs. New in form. See concluding sentence Co. Proc., 255. $980. [Amended, 1877.] Either party may bring Issue to trial. Either party, who has served the no tice, may bring the issue to trial;(1) and, in the ab sence of the adverse party, unless the judge holding the term, for good cause, otherwise directs, may proceed with the cause, and take a dismissal of the complaint, or a verdict, decision, or judgment, as the case requires.(2) An inquest, for want of an affidavit of merits, cannot be taken where the answer is verified. Co. Proc., 238, am'd. L. 1876, ch. 431, § 10. (1) Ward v. Dewey, 12 How. 193. (2) Gurnee v. Hoxie, 29 Barb. 547, $981. What papers to be furnished on trial, and by whom. Where the issue is brought to trial by the plaintiff, he must furnish the court with copies of the summons and pleadings, and of the offer, if any has been made. Where the issue is brought to trial by the defendant, and the plaintiff does not furnish those papers, they must be furnished by the defendant. Co. Proc., 259, am'd. ARTICLE SECOND. THE PLACE OF TRIAL. Eao. 983. Certain actions to be tried, where the subject thereof is atta ated. 983. Other actions, where the cause thereof arose. 984. Other actions, according to the residence of the parties. 985. Place of trial, if proper county not designated. 986. Defendant may demand change; proceedings thereupon. 988. Effect of changing the place of trial. 989. Effect of order changing place of trial. 990. Issues of law, where triable. 991. This article applicable only to the supreme court. -- § 982. Certain actions to be tried, where the subject thereof is situated.. Each of the following actions must be tried in the county, in which the subject of the action, or some part thereof, is situated: an action of ejectment; for the partition of real property; for dower; to foreclose a mortgage upon real property,(1) or upon a chattel real; to compel the determination of a claim to real property; for waste; for a nuisance; or to procure a judgment, directing a conveyance of real property; and every other action to recover, or to procure a judgment, establishing, determining, defining, forfeiting, annulling, or otherwise affecting, an estate, right, title, lien, or other interest, in real property, or a chattel real.(2) But where all the real property, to which the action relates, is situated without the State, the action must be tried, as prescribed in section 984 of this act.(3) Substitute for part of Co. Proc., 123. (1) Birmingham Iron Foundry D. Hatfield, 43 N. Y. 224; Miller v. Hall, 3 How. 325; Marsh v. Lowry 26 Barb. 197. (2) Leland v. Hathorn, 42 N. Y. 547; Ely v. Lowenstein, 9 Abb. N. S. 42; Rawls v. Carr, 17 Abb. 96; Wood v. Hollister, 3 id. 14; Hubbell v. Sibley, 4 Abb. N. 8. 403. (3) Newton v. Bronson, 13 N. Y. 587; Mussina v. Belden, 6 Abb. 166; Bennett v. Erving, 4 Rob. 671; Gardner v. Ogden, 22 N. Y. 327. § 983. [Amended, 1877.] Other actions, where the cause thereof arose.-An action, for either of the fo.. lowing causes, must be tried in the county, where the cause of action, or some part thereof, arose :(1) 1. To recover a penalty or forfeiture, imposed by statute, except that, where the offence, for which it is imposed, was committed on a lake, river, or other stream of water, situated in two or more counties, the action may be tried in any county, bordering on the lake, river, or stream. and opposite to the place where the offense was committed. But in an action where the people of the State are a party to recover a penalty for trespass upon the lands of the Forest Preserve, the action may be tried in a county adjoining the county where the cause of action arose. (Last sentence in effect Sept. 1, 1890, Laws 1890, ch. 179.) 2. Against a public officer, or a person specially appointed to execute his duties, for an act done, in virtue of his office, or for an omission to perform a duty, incident to his office; or against a person, who, by the command or in the aid of a pub lic officer, has done any thing touching his duties. 3 To recover a chattel distrained, or damages for distraining a chattel. Ackerman v. De Lude, 20 IIun, 137; Clute v. Robinson, 21 id, 120; Gorman v. South Boston, 32 id, 71; Ithaca, etc., v. Beecher, 99 N. Y. 429; Leonard v. Ehrich, 40 Hun, 461. § 984. Other actions, according to the residence of the parties. -An action, not specified in the last two sections, must be tried in the county, in which one of the parties resided, at the commencement thereof. If neither of the parties then resided in the State, it may be tried in any county, which the plaintiff designates, for that purpose, in the title of the complaint. Co. Proc., 125. Vence v. Vence, 15 How. 497; People v. Cook, s 4. 448, Vermont R. R. Co. v. Northern R. R. Co., id. 106; People v. Fredericks, 48 1d. 174; Sherwood v. Saratoga R. R. Co., 15 Barb. 650; People v. Pierce, 31 id. 138; Conroe v. Nat. Prot. Ins. Co., 10 How. 403; Fond v. Hudson River R. R. Co., 17 Id. 543; Internat. Ass. Co. v. Sweatland, 14 Abb. 240; McIvor v. McCabe, 16 id. 319; Jordan v. Garrison, 6 How. 6; Belden v. N. Y. & H. R. R. Co., 15 id. 17; Hart v. Oatman, 1 Barb. 229; Henry v. Bank of Salina, 5 Hill, 532. 985. Place of trial, if proper county not designated. If the county, designated in the complaint, as the place of trial, is not the proper county, the action may not withstanding be tried therein; unless the place of trial is changed to the proper county, upon the demand of the defendant, followed by the consent of the plaintiff, or the order of the court. Substitute for Co. Proc., part of 126. Lynch v. Mosher, 4 How. 88; Internat. Ins. Co. v. Sweatland, 14 Abb. 240; People v. Kingsley, 8 Hun 233; Birmingham Iron F. v. Hatfield, 43 N. Y. 224. § 986. Defendant may demand change; proceedings thereupon. Where the defendant demands that the action be tried in the proper county, his attorney must serve upon the plaintiff's attorney, with the answer, or before service of the answer, a written demand accordingly. The demand must specify the county, where the defendant requires the action to be tried. If the plaintiff's attorney does not serve his written consent to the change, as proposed by the defendant, within five days after service of the demand, the defendant's attorney may, within ten days thereafter, serve notice of a motion to change the place of trial. Id. Vermont C. R. R. Co. v. North. R. R. Co., 6 How. 106; Beardsley . Dickerson, 4 id. 81; March v. Lowry, 16 id. 41; s. c., 26 Barb. 197; Houcks v. Lasher, 17 How, 520; Moore v. Gardner, 5 id. 243; Hasbrouck v. McAdam, 4 id. 342; Starks v. Bates, 12 id. 465; Hubbard v. Nat. Prot. Ins. Co., 11 d. 149. 987. When court may change the place of trialThe court may, by order, change the place of trial, in either of the following cases: 1. Where the county, designated for that purpose in the complaint, is not the proper county.(1) 2. Where there is reason to believe, that an impartial trial cannot be had in the proper county.(2) 3. Where the convenience of witnesses, and the ends of justice, will be promoted by the change.(3) Co. Proc., part of ? 126. (1) Lynch v. Mosher, 4 How. 88; Internat. Ins. Co. v. Sweetland, 14 Abb. 240; Beardsley v. Dickerson, 4 How. 81. (2) Moulton v. Beecher, 1 Abb. N. C. 193; Bowman e. Ely, 2 Wend. 250; Messenger v. Holmes, 12 id. 203; Van Rensselaer v. Douglass, 2 id. 290; People v. Wright, 5 How. 23; Budge v. Northam, 20 id. 248. (3) Foodrich. Vanderbilt, 7 How. 468; Houck v. Lasher, 17 id. 520. 988. [Amended, 1877.] Effect of changing the place of trial. Where the place of trial is changed to another county, the subsequent proceedings shall be had in the county to which the change is made, the same as if it had been designated in the complaint, as the place of trial; except as otherwise directed by the court, or provided by the written consent of the parties, filed with the clerk. And the clerk of the county, from |