ATTORNEY-continued. may issue execution on justice's judgment, after transcript filed, 69 l. may subscribe pleadings, 219. may make affidavit to prevent inquest, 365 c. have a preference on calendar, 363 c. AUCTIONEER, when liable to be arrested, 275 a. may sue without joining party in interest, 99 b. B. BAIL, defendant may be discharged from arrest on, 284. amount of, 283 c, d. how given, 284. who cannot be, 284. sheriff bound to take, 284 d. surrender of defendant in exoneration of, 284. may arrest defendant, 285. how proceeded against, 285. how exonerated, 286. notice of, to plaintiff, 286. notice of non-acceptance of, or exception, by plaintiff, 286. when plaintiff deemed to have accepted, 286. notice of justification of, 286. new, notice of justification of, 287. notice of justification is a waiver of all irregularity in the notice of exception, 287 b. further time to justify, 287 c. qualifications of, 287. where to justify, 686. allowance of, 288. deposit in lieu of, 288. sheriff, when liable as, 289. substituting for deposit, 289. liable to sheriff, 290. motion to reduce amount of, 290. BAILEE, interest of, may be sold on execution, 432 a. BANK, accounts with, how kept, 685. orders upon, in what form, 685. BANKING ASSOCIATIONS, time of limitation not applicable to actions against, 92. agent of, when liable to arrest, 272. BANK NOTES, time of limitation not applicable to actions upon, 92. BAPTISTS, 407. See Saturday. BATTERY. See Assault. BELOW. See Court below. BILL OF EXCEPTIONS. See Exceptions. BILL OF EXCHANGE. See Bills and Notes. BILL OF PARTICULARS, court may order either party to deliver, 228. See Account. BILLS AND NOTES, complaint in action on, 168. answer in action on, 201, 210 g, 211 d, 213 a, 214 e. inquest in action against the several parties to, 367 h. affidavit of merits in action against the several parties to, 365 d. parties to actions upon, 112. the several parties to, though sued in one action, are not thereby put in circulation as money by moneyed corporations, 92. provisions as to assignment not to apply to transfer of, 98. to executors for debt due decedent, how sued on, 100 c. is endorser of an assignor of thing in action? 585, 586. BOATS. See Owners. BOND, actions on, justice of the peace has jurisdiction in certain, 55. complaint on, 171. executed before July 1, 1848, judgment on, 614. for security for costs, 471 a, b. of indemnity to sheriff, 432 j. taken in name of the people, parties to action ou, 99 c. See Injunction Bond, Official Bond, Surety Bond, Undertaking. BOOKS, clerk to keep certain, 416, 656. See Discovery, Inspection, Judgment Book, Production. BROKER, when liable to arrest, 272. BROOKLYN, city court of, statutes relating to, 46 n. appeal from decisions of, 47. municipal court of, abolished, 46 n. BUFFALO, recorder's court of, statutes relating to, 46 j. BUSINESS out of court, judges may transact, 38. See Judge at chambers. BY LAW, of city corporation, action upon, may be brought in district or justice's C. CALENDAR, supreme court, when clerk to enter cause on, 360. order of disposing of issues on, 363. action by attorney general to have preference on, 363 c. criminal cases to have preference on, 665. when cause is necessarily on, 307 c. when cause may be struck from, 664, 665. in New York common pleas, 707, 710. in the superior court, 705, 706. in the first district, 363 i, 646. CALENDAR-continued. CARRIER. taking dismissal of complaint without putting cause on, 363 a. to be printed, and copies delivered to judges, 651. rules 6, 10, 12, and 20, with notice that 14 copies of cases and criminal cases to have a preference on, 652. how regulated, 30. when motion affecting, not granted of course, exchange of causes on, 653. striking cause from, by consent, 653. 597 j. for general term of supreme court, clerk to prepare and print, 666. other cases, how placed on, 666. certiorari to remove interlocutory proceeding to have a pref- putting cause on is a waiver of order for security for costs, Sce Common Carriers. CASE, on trial of question of fact by the court, 381. after trial by court or referee, or to set aside nonsuit, dismissal of com- plaint, or verdict, when to be served, 659. settlement of, 659. lines of, to be numbered, 659. when considered waived, 660. to be filed, 660. turning into exception, 402 a, 660, 704. to be printed, 665. order for time to make, not a stay of proceedings, 604 e. judge at chambers may extend time to make, 604 c. not necessary on a cause reserved for argument, 664. agreed on by the parties, 552. not provided for by the code or the rules, 635, 687. CATTLE distrained doing damage, provisions of Revised Statutes as to, not re- pealed, 637. CAUSE OF ACTION, where does it arise? 120 c, 121 a, b. when it accrues on a current account, 87, 88 a. what may be joined, 243, 249. when only one exists, it should not be made the subject of several statements or counts in the complaint, 233 a. when to be numbered, 687. splitting or dividing of, 56 b. amending statement of, 262 e, 264. CERTIFICATE of service of summons by the sheriff, to be proof of service, 155. not conclusive, 156 c. to state time and place of service, 155. to refer to cause, and that the summons served was in such cause, 156 a. in a foreign state, 156 6. of service of notice of no personal claim, 142 f. to warrant appeal from inferior to supreme court,526. to enable parties to appeal from order on a point of practice, 709. of defendant's interest in rights and shares of corporations, 333. that no return filed in court of appeals, 648. of referee that case is one proper for an allowance, 492 d, e, 493 a, 506 a. CERTIFICATE-continued. of referee that production of documents is necessary, 570 c. of sheriff on sale of real estate, 434 a, b. of deposit in lieu of bail, 288, 289. CERTIFIED copies of judgment roll and notice of appeal to be returned to court CERTIORARI, return to, when a nullity, 544 a. provisions as to appeals from justice's courts, substituted for, 539 a. in certain cases, not affected by the code, 637. to remove interlocutory proceedings, hearing of, to be preferred on common law, cannot be granted at chambers, 38 g. CHAMBERLAIN, is an officer of the court, 455 f. CHAMBERS, judge at, does not act as a court, 38 d. distinction between chamber and term duties retained, 38 d. appeal from order at, is a motion, 502 d. in common pleas, 709. what judge to sit at, in superior court, 704. CHAMPERTY, are laws relating to, repealed? 466 a. when the county designated as the place of trial is not the proper when there is reason to believe an impartial trial cannot be for the convenience of witnesses, and to promote the ends of motion for, when to be made, 128, 129. staying proceeding for purposes of motion, 128. revoking order to stay proceedings, 129. opposing motion for, 130. effect of, 133 e. plaintiff may change by amendment, 128 d, 259 d. transfer of papers on, order for, 655. CHARACTER, several causes of action for injuries to, may be joined in one com- plaint, 243, 244 g. certificate of, 655. CHARGING in execution, 247 i. CHARTER of city corporation, action on, in district or justice's courts, 74, 76. CHATTELS. See Goods and Chattels. CHECK, complaint in action on, 170 d. CHILDREN, custody of common pleas, no jurisdiction as to, 46 e. CHOSE IN ACTION. See Thing in Action. CIRCUIT, issues of fact in the supreme court, when the trial is by jury, to be tried issues of law to be tried at circuit or special term, 359. number of counsel to examine witnesses and sum up at, limited, 659. motion at, in a cause passed, 413 h. courts, statutes as to, repealed, 32. times and places, &c., of holding, 691, 35. CIRCUIT-continued. jurisdiction of, 33 g, 366 b. may be adjourned by entry on the minutes, 37. rooms for holding, 38. CITY AUTHORITIES, costs in suits by, 477 e. CITY COURTS. See Courts, Brooklyn City Courts. CIVIL ACTION defined, 19. form of, 78. time for commencing, 81. place of trial of, 120. manner of commencing, 134. pleadings in, 158. provisional remedies, 270. trial and judgment, 343. execution of judgment, 420. appeal, 511. miscellaneous proceedings in, 552. in particular cases, 616. existing, 630, 639. general provisions as to, 633. in first district, 645. See Action. CLAIM, against deceased person, costs of proceedings on, 504. personal, notice of having none, 142. See Amount, Bill of Particulars, Demand. CLAIM AND DELIVERY of personal property, provisions of code as to, a substi- tute for the action of replevin, 296 a. in proceedings for the claim and delivery of personal prop- an action for an injury by force to personal property, and an delivery of personal property, when it may be claimed, requisites of affidavit to obtain delivery, 297, 298. irregularity in affidavit to obtain delivery, how waived, 298 c. undertaking cannot be dispensed with, 299 e. defendant may except to plaintiff's sureties, 299. when defendant deemed to have waived exception to plain- plaintiff's sureties, when and how to justify, 300. effect of plaintiff's sureties omitting to justify, 300 b. when sheriff responsible for sufficiency of plaintiff's sureties, when defendant cannot reclaim the property taken, 300. when defendant entitled to a re-delivery of the property taken, 301. defendant to give undertaking with sureties, 301. when property taken is to be delivered to plaintiff, 301. |