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CHAPTER XII.

Duties of sheriff's and coroners, 132. Section 419. Duty of sheriff and coroner in serving or executing process,

and how enforced, 132.

CHAPTER XIII.

Accountability of guardians, 133. Section 420. Guardian not to receive property until security given, 153.

CHAPTER XIV.

Powers of referees, 133. SECTION 421. Referees authorized to administer oaths and to exercise

powers now vested in referees by law, 133.

CHAPTER XV.

Miscellaneous provisions, 133-134.
Section 422. Papers lost or withheld, how supplied, 183.

423. Where undertakings to be filed, 133.
424. Judgment on bone and warrant of attorney, excuted before

July 1, 1818, 133.
425. Time for publication of notices, how computed, 134.
426. Laws of other states and other governments, how proved, 134.

TITLE XIII.
Actions in particular cases, 134–142.
Chapter I. Actions against foreign corporations. 134-135.

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.

ty, 142.

CHAPTER I.
Actions against Foreign Corporations, 134-135.
Section 427. Where and by whom brought, 134.

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.
430. Actiou to annul a corporation, when and how brought by at.

torney.general, by leave of supreme court, 136.
431. Leave, how obtained, 137.
432. Action upon information or complaint, of course, 137.

Section 433. Action, when and how brought to vacate letters patent, 137.

434. Relator, when to be joined as plaintiff, 138.
435. Complaint and arrest of defendant, in action for usurping an

office, 138.
436. Judgment in such action, 138.
437. Assumption of office, &c., by relator, when judgment is in

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

tiled, 140.
446. Entry of judgment relating to letters patent in records of

commissioners of land office, 140.
447. Actions for forfeiture of property to the people, 140.

CHAPTER III. Action for the partition of real property, 141. SECTION 448. Provisions of Revised Statutes, applicable to actions for par.

tition, 141.

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.

sance, 142.

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.

TITLE XV.

General provisions, 144-145.
SECTION 462. Definition of "real property," 144.

463. Definition of " personal property,” 145.
464. Definition of "property," 145.
465. Definition of " district," 145.
466. Definition of “ clerk," 145.
467. Rule of strict construction of statutes inapplicable to this
468. Statutory provisions inconsistent with this act repealed, 145.
469. Rules and practice inconsistent with this act abrogated, 145.
470. Judges of supreme court to make general rules, 145.
471. This act not to affect certain proceedings and statutory pro-

visions, 146.
472. Certain parts of revised and other statutes not repealed, 146.
473. This act, when to take effect, 146.

act, 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.

TITLE I.
Provisions relating to the Courts in general, 147-150.
CHAPTER I. Sections of the Code of Procedure referred to and applied to

existing suits, 147-148.
II. Other provisions relating to existing suits, 148-150.

CHAPTER I. Sections of the Code of Procedure referred to and applied to

eristing suits, 147.

CHAPTER 11.
Other provisions relating to existing suits, 148.

TITLE II.
Provisions relating to Courts in the First Judicial

District, 150.

INDEX.

THE FIGURES AT THE RIGHT HAND DENOTE THE PAGE, THE OTHERS

DENOTE THE SECTION.

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PAGE.

30

When to be commenced, 74,.......
Parties to (see p'aintiff and defendant.)
Pleadings in, (see pleading, complaint, answer and demurer.)
By executor or administrator, (see executor.)
When no personal claim on defendant, 130,.
For partition of real estate, 448,.
Relating to real property, 455,
Existing, provisions relating to, 453,.
On charter, or by law of corporation, 66–7,
Against bail, 190,
Time of, limitation in, 89,....
Title of, not altered by appeal, 326,
In name of the people, 98,..
By Attorney-General, 429, 446,
On a judgment, when allowed, 71,..
Must be prosecuted by party in interest, 111,...
Not abated by death, 121, ...
When to be tried, 123, 126,..
Superior court, review of proceedings, 318,
Against foreign corporations, 427,......
In place of scire facias, quo warranto, &c., 428,
To determine conflicting claims to real property, &c., 449,.
For discovery, abolished, 389,.

46
141
142
142
27
65
65
108

37
136-140

29
41

43
44-45

106
134
135
141
126

Administrator,
Not to be sued in justices' courts, 54,........
May sue without joining party interested, 113,.
Costs in actions by and against, 317,......

20
41
106

Admission of debt,

Must be in writing, 110,.
Of written documents, 388,.

40
125

Adverse claims to property,
To be tried by action, 212, 449,......

71-141

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Allegation in pleadings,
When taken as true, 168,....
Unproved, not a variance, 171,..
Variance between and proof, 169,...

58
59
59

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