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Duties of sheriff's and coroners, 132. Section 419. Duty of sheriff and coroner in serving or executing process,
and how enforced, 132.
Accountability of guardians, 133. Section 420. Guardian not to receive property until security given, 153.
Powers of referees, 133. SECTION 421. Referees authorized to administer oaths and to exercise
powers now vested in referees by law, 133.
Miscellaneous provisions, 133-134.
423. Where undertakings to be filed, 133.
July 1, 1818, 133.
II. Actions in place of scire facias, quo warranto, and of infor.
mations in the nature of quo warranto, 135-140. III. Actions for the partition of real property, 141. IV. Actions to determine conflicting claims to real property, and
for waste and nuisance, 141-142. V. General provisions relating to actions concerning real proper.
CHAPTER II. Actions in place of scire facias, quo warranto, and of
informations in the nature of quo warranto, 135-140. SECTION 428. Scire facias, and quo warranto abolished and this chapter
substituted, 135. 429. Action may be brought by attorney-general to vacate a char.
ter, by direction of legislature, 136.
torney.general, by leave of supreme court, 136.
Section 433. Action, when and how brought to vacate letters patent, 137.
434. Relator, when to be joined as plaintiff, 138.
his favor, 138. 438. Proceedings against defendant, on refusal to deliver books or
papers, 139. 439. Damages, how recovered, 189. 440. One action against several persons claiming office or fran.
chise, 139. 441. Penalty for usurping office or franchise, how awarded, 139. 442. Judgment of forfeiture against a corporation, 139. 443. Costs against corporation or persons claiming to be such, how
collected, 140. 444. Restraining corporation and appointment of receiver, 140. 445. Copy of judgment roll against corporation, where to be
commissioners of land office, 140.
CHAPTER III. Action for the partition of real property, 141. SECTION 448. Provisions of Revised Statutes, applicable to actions for par.
CHAPTER IV. Actions to determine conflicting claims to real property,
and for waste and nuisance, 141. SECTION 449. Actions to determine claims to real property, how prosecu.
ted, 141. 450. Action of waste abolished. Waste how remediable, 141. 451. Provisions of Revised Statutes applicable to actions for waste
under this act, 141. 452. When judgment of forfeiture and eviction to be given, 142. 463. Writ ot' nuisance abolished, 142. 454. Remedy for injuries heretofore remediable by writ of nui.
CHAPTER V. General provisions relating to actions concerning real
property, 142. Section 455. Provisions of Revised Statutes applicable thereto, 142.
TITLE XIV. Provisions relating to existing suits, 142–144. SECTION 456. Appeal from order at a special term, on summary applica
tion, after judgment, 142. 457. Writ of error in all cases abolished. Appeal substituted, 143. 458. Execution when issuable on a judgment docketed before July
1, 1818, 143.
SECTION 459. Proceeding by re hearing abrogated. 143. 460. Appeals from final decrees, by a single judge, in sapreme
court, in suits in equity pending on July 1, 1847, when to
be taken, 144. 461. Issues of fact in county court or common pleas before July
1, 1848, how tried, 144.
General provisions, 144-145.
463. Definition of " personal property,” 145.
AN ACT To amend an act entitled “An act to facilitate
the determination of existing suits in the Courts of this State.”
Passed April 11, 1849.
existing suits, 147-148.
CHAPTER I. Sections of the Code of Procedure referred to and applied to
eristing suits, 147.
When to be commenced, 74,.......
Admission of debt,
Must be in writing, 110,.
Adverse claims to property,
Allegation in pleadings,