PREFACE TO SECOND EDITION. In the second edition of the Code an attempt has been made to present in a concise form the provisions of the Code of Civil Procedure as amended by the Legislature of 1878, and all the provisions of the old Code still in force. For the convenience of the practitioner the volume is preceded by a table containing parallel references between the sections of the new and old Code, and a statement of the statutes repealed by the general repealing act of 1877. This volume does not present the difficulties in readily turning to any provision of law sought for, which exist in the more voluminous editions of the Code, and yet it is believed that nothing is omitted which is desirable as affording easy reference to the existing law prescribing the practice in the courts of record in this State. DATED July 1, 1878. THE EDITOR. PREFACE TO THIRD EDITION. The amendments to the Code of Civil Procedure passed by the Legislature of 1879 are so numerous and important that it was deemed advisable to incorporate them in the text itself, rather than to publish them as a supplement to the second edition of this work. It is hoped that the additional expense incurred by the publishers in so doing may be more than compensated by the increased facility of reference thereby afforded to the profession. It is believed that this volume presents, accurately, and in a compact and concise form, the provisions of the Code of Civil Procedure as now existing, together with such provisions of the old Code as are still in force. Dated July 7, 1879. THE EDITOR. TABLE OF THE SECTIONS OF THE CODE OF CIVIL PROCEDURE REPRESENTING AND REPLACING THE REPEALED SECTIONS TABLE, SHOWING THE PORTIONS OF THE REVISED STATUTES, General provisions, relating to courts, and the members and officers thereof, TITLE I. The courts of the State; their general powers and attributes, and general regulations pertaining to the exercise thereof.... ART. 1. Enumeration and classification ART. 2. General powers and attributes of the courts... ART. 3. Miscellaneous provisions relating to sittings of the courts TITLE II. Provisions of general application, relating to the judges, and certain other officers of the courts .... ART. 1. General powers, duties, liabilities, and disabilities of judges, and ART. 3. General provisions, concerning certain ministerial officers con- nected with the administration of justice; and special provisions, con- cerning officers of that description, attached to two or more courts CHAPTER SECOND. Powers, duties, and liabilities of a sheriff, or other ministerial officer, in the execution of the process or other mandate of a court or judge, in a civil ART. 1. Arresting, conveying to jail, and committing a prisoner... ART. 2. Jails, jail discipline, and regulations concerning the confinement ART. 5. Action upon, and assignment of a bond for jail liberties. TITLE III. Application of the foregoing provisions to the proceedings of the coroner, where the sheriff is a party ....... TITLE IV. Powers, duties, and liabilities of an incoming and outgoing sheriff, respectively, touching the matters included in this chapter... 182–189 |