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ATTORNEY-continued.

may issue execution on justice's judgment, after transcript filed, 69 l.
when he may verify pleading, 223.
form of verification by, 225.

may subscribe pleadings, 219.

may make affidavit to prevent inquest, 365 c.
ATTORNEY GENERAL, actions by, 619 to 624.

have a preference on calendar, 363 c.

AUCTIONEER, when liable to be arrested, 275 a.

may sue without joining party in interest, 99 b.
is trustee of an express trust, 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.
justification of, 287.

where to justify, 686.

allowance of, 288.
rejecting, 288 e.

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.
delivery of, how enforced, 228 h.

See Account.

BILLS AND NOTES, complaint in action on, 168.

answer in action on, 201, 210 g, 211 d, 213 a, 214 e.
judgment against the several parties to, 154 c.

inquest in action against the several parties to, 367 h.

affidavit of merits in action against the several parties to, 365 d.
costs of several actions on, 473.

parties to actions upon, 112.

the several parties to, though sued in one action, are not thereby
made jointly liable, 112 a.

put in circulation as money by moneyed corporations, 92.
plaintiff in action on, need not have actual possession of, 97 ƒ.
possession is evidence of title to, 97 j.

provisions as to assignment not to apply to transfer of, 98.

to executors for debt due decedent, how sued on, 100 c.
action or defence upon, how pleaded, 235, 240.

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.
costs of several actions on same bond, 473.

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.
BUILDING SOCIETY, shares in, exempt from execution, 469 j.
BURIAL GROUND, exempt from execution, 439 f.

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
court of a city, 74, 76.

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.
certain actions against corporations to have preference on, 363 e.
issues of law to have preference on, 363 ƒ, 360.

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.
of court of appeals, clerk to make, 651.

to be printed, and copies delivered to judges, 651.

rules 6, 10, 12, and 20, with notice that 14 copies of cases and
points are required, to be printed on, 653.

criminal cases to have a preference on, 652.

how regulated, 30.

when motion affecting, not granted of course,
calling of, 653.

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.
appeals how placed on, 666.

other cases, how placed on, 666.

certiorari to remove interlocutory proceeding to have a pref-
erence on, 668.

putting cause on is a waiver of order for security for costs,
471 j.

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.
amendments to, 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 good moral character of applicants for admission to practice as
attorneys, 655.

of defendant's interest in rights and shares of corporations, 333.
that title came in question on trial, 472, 63.

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
of appeals, 648, 515.

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
calendar, 668.

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.
orders at, how vacated or modified, 512.

appeal from order at, is a motion, 502 d.

in common pleas, 709.

what judge to sit at, in superior court, 704.
See Judge at Chambers.

CHAMPERTY, are laws relating to, repealed? 466 a.
CHANGE of name, effect of on action pending, 267 e.
of place of trial, 123.

when the county designated as the place of trial is not the proper
county, 123.

when there is reason to believe an impartial trial cannot be
had, 128.

for the convenience of witnesses, and to promote the ends of
justice, 128.

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.
of New York city, how proved, 614 c.

CHATTELS. See Goods and Chattels.

CHECK, complaint in action on, 170 d.

CHILDREN, custody of common pleas, no jurisdiction as to, 46 e.
illegitimate; mother is natural guardian of, 108 a.
See Infant.

CHOSE IN ACTION. See Thing in Action.

CIRCUIT, issues of fact in the supreme court, when the trial is by jury, to be tried
at, in other cases at the circuit or special term, 359, 661.

issues of law to be tried at circuit or special term, 359.

number of counsel to examine witnesses and sum up at, limited, 659.
what steps may be taken at, 33 h.

motion at, in a cause passed, 413 h.
costs of, 485.

courts, statutes as to, repealed, 32.

times and places, &c., of holding, 691, 35.

CIRCUIT-continued.

jurisdiction of, 33 g, 366 b.
extraordinary terms of, 36.

may be adjourned by entry on the minutes, 37.
jury may be drawn for an adjourned circuit, 37.
notice of trial may be given for adjourned, 37.
inability of judge to hold, 37 b, 38.

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.
parties to, 94.

place of trial of, 120.

manner of commencing, 134.

pleadings in, 158.

provisional remedies, 270.

trial and judgment, 343.

execution of judgment, 420.
costs in, 465.

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-

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tute for the action of replevin, 296 a.

in proceedings for the claim and delivery of personal prop-
erty the former practice is in force in many respects, 296 c.
discontinuance of action for, when and on what terms, 296 e,
509 h.

an action for an injury by force to personal property, and an
action to recover possession of personal property, are sub-
stantially different actions, 297 e.

delivery of personal property, when it may be claimed,
296, 297.

requisites of affidavit to obtain delivery, 297, 298.

irregularity in affidavit to obtain delivery, how waived, 298 c.
requisition to sheriff to take and deliver the property, 298.
undertaking with sureties on the part of the plaintiff for re-
turn of the property, 299.

undertaking cannot be dispensed with, 299 e.

defendant may except to plaintiff's sureties, 299.

when defendant deemed to have waived exception to plain-
tiff's sureties, 299.

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,
300.

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.

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