V. Admission or inspection of writings,. CHAP. III. Confessions of judgment without action,.. 149-151 IV. Offers of the defendant to compromise the whole or a part 151-152 ......... 152-153 153-155 VII. 156 157-159 159 159-160 160-162 Examination of witnesses,. IX. Entitling affidavits,. X. Computation of time,... XI. Notices, and filing and service of papers,. XIII. Accountability of guardians,. XIV. Powers of referees,.. XV. Miscellaneous provisions,... CHAPTER I. Submitting a Controversy, without Action,. .....147-148 SECTION 372. Controversy how submitted without action,.......... CHAPTER II. Proceedings against Joint Debtors, Heirs, Devisees, Lega 147 147 148 tees, and Tenants holding under a Judgment Debtor.....148-149 SECTION 375. Parties not summoned in action on joint contract may be summoned after judgment,.. 376. If judgment debtor die, his representatives may be sum 148 148 148 149 149 380. Subsequent pleadings and proceedings same as in an Confession of Judgment, without Action, SECTION 382. Judgment may be confessed for debt or contingent lia bility,... 383. Statement in writing, and form thereof, 384. CHAPTER IV. ............... .............. Offers of the Defendant to Compromise the Whole or a Part of the Action,.... 386. Defendant may offer to liquidate damages conditionally,. CHAPTER V. Admission or Inspection of Writings,. SECTION 388. A party may be required to admit a paper to be genuine, or pay expense of proving it. Inspection and copy of books, papers and documents, how obtained,... CHAPTER VI. Examination of Parties,..... .151-152 151 151 152 .152-153 ..... SECTION 389. Actions for discovery, abolished, 152 153-155 153 153 154 154 SECTION 393. Testimony of party may be rebutted,.. ..... Testimony by a party not responsive to the inquiries, may be rebutted by the oath of the party calling him,.. 396. Persons for whom action is brought or defended, may be examined, 397. Examination of co-plaintiff or co-defendant,. CHAPTER VII. Examination of Witnesses,.... ........... ...... SECTION 398. No witness to be excluded by reason of interest,. 399. To whom last section inapplicable, 154 166 155 155 155 156 156 156 Definition of a motion. Motions how and where made,.. 402. When notice is necessary, it must be eight days before hearing,.... 403. In actions in supreme court, county judge may act at cham- ..... Notices, and Filing and Service of Papers,. SECTION 408, 409. Notices and other papers, how served on party or at 412. Double time when served by mail,. 413. Eight days notice of motion, &c., before court or judge, .......... 159 159 ...10 -162 160 161 161 161 161 162 162 162 162. ........... 414. Where papers need not be served on defendant,. 417. Service, where party appears by attorney, Duties of Sheriffs and Coroners, SECTION 419. Duty of sheriff and coroner in serving or executing process, and how enforced,. .... SECTION 420. Guardian not to receive property until security given,............. 163 163 Powers of Referees,. CHAPTER XIV. SECTION 421. Referees authorized to administer oaths and to exercise powers now vested in referees by law,... 163 163 SECTION 422. Papers lost or withheld, how supplied,................. 423. Where undertakings to be filed, 164 ..... 164 164 424. Judgment on bond and warrant of attorney, executed be- ........ 425. Time for the publication of notices, how computed, TITLE XIII. Actions in particular cases,.... CHAPTER 1. Actions against foreign corporations, II. Actions in place of scire facias, quo warranto, and of in- .... .165-173 165 166 171 172-173 173 III. Actions for the partition of real property,. V. General provisions relating to actions concerning real pro- CHAPTER I. Actions against foreign corporations,.. SECTION 427. Where and by whom brought,. CHAPTER II. Actions in place of scire facias, quo warranto, and of infor- ... 429. Action may be brought by attorney-general to vacate a 430. Action to annul a corporation, when and how brought by 432. Action upon information or complaint, of course,. 435. Complaint and arrest of defendant, in action for usurping 165 165 .166-171 166 166 167 167 168 168 168 169 436. Judgment in such action, 169 ..... 437. Assumption of office, &c., by relator, when judgment is in his favor,. 169 ....... 438. Proceedings against defendant, on refusal to deliver books 440. One action against several pcrsons claiming office or fran- 170 441. Penalty for usurping office or franchise, how awarded,.. 444. Restraining corporation and appointment of receiver,.... 170 171 446. Entry of judgment relating to letters patent in records of 447. Actions for forfeiture of property to the people,..................... CHAPTER III. Action for the Partition of Real Property,... SECTION 448. Provisions of Revised Statutes, applicable to actions for 171 171 partition, ..171-172 171 CHAPTER IV. Actions to determine conflicting claims to real property, and 450. Action of waste abolished. Waste how remediable,......... 452. When judgment of forfeiture and eviction to be given,.... sance,. 172-173 172 172 172 173 173 173 CHAPTER V. General provisions relating to actions concerning real property, TITLE XIV. 173 173 .173-176 173 174 174 174 175 175 Provisions relating to existing suits,.. SECTION 456. Appeal from order at a special term, on summary applica Writ of error in all cases abolished. Appeal substituted, 458. Execution, when issuable on a judgment docketed before July 1, 1848,.......... 459. Proceeding by re-hearing abrogated,. 460. Appeals from final decrees, by a single judge, in supreme .... 461. Issues of fact in county court or common pleas before 467. Rule of strict construction of statutes inapplicable to this 468. Statutory provisions inconsistent with this act repealed,.. 471. This act not to affect certain proceedings and statutory 176 472. Certain parts of revised and other statutes not repealed,.. 178 178 AN ACT to amend an act entitled, "An Act to facilitate the determination of existing suits in the courts of this state." ..... TITLE I.—Provisions relating to Courts in General,. CHAPTER I. Sections of the Code of Procedure referred to and applied to existing rules,. .... 179 II. Other provisions relating to existing suits, TITLE II.—Provisions relating to Courts in the First Judicial District, 183-184 |