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Page. Section 378. To be accompanied by affidavit of amount due,..

379. Party summoned may answer and defend, ... 108
380. Subsequent pleadings and proceedings same as in
an action,

109 381. Answer and reply to be verified as in an action,.. 109

CHAPTER III. CONFESSION OF JUDGMENT WITHOUT ACTION,

109 Section 382. Judgment may be confessed for debt due or contingent liability,..

109 383. Statement in writing, and form thereof,

109 384. Filing same, and entering judgment,

109 CHAPTER IV. OFFERS OF THE DEFENDANT TO COMPROMISE THE WHOLE OR A PART OF THE ACTION,

110 Section 385. Defendant may serve offer to compromise and the proceedings thereon,.

110 386. Defendant may offer to liquidate damages conditionally,

110 387. Effect of acceptance or refusal of offer,

110 CHAPTER V. ADMISSION OR INSPECTION OF WRITINGS,

... 111 Section 388. A party may be required to admit a paper to be

genuine, or pay expense of proving it. Inspec-
tion and copy of books, papers and documents,
how obtained,

111 CHAPTER VI. EXAMINATION OF PARTIES, .

111 Section 389. Actions for discovery, abolished,

111 390. A party may examine his adversary as a witness, on the trial,..

112 391. Such examination also allowed before trial. Proceedings therefor,

112 392. Party how compelled to attend,

112 393. Testimony of party may be rebutted.

112 394. Effect of refusal to testify,

112 395. Testimony by a party not responsive to the inqui

ries, may be rebutted by the oath of the party
calling him

112 396. Persons for whom action is brought or defended, may be examined,

113 397. Examinations of co-plaintiff or co-defendant, 113

CHAPTER VII. EXAMINATION OF WITNESSES,

113 Section 398. No witness to be excluded by reason of interest, 113 399. To whom last section inapplicable,

113 CHAPTER VIII. MOTIONS AND ORDERS,

114 Section 400. Definition of an order,

114 401. Definition of a motion. Motions how and where made,

114

Pago.

Section 402. When notice is necessary, it must be eight days before hearing,

116 403. In actions in supreme court, county judge may

act at chambers. His orders how reviewed,... 115 404. In absence of judge at chambers, motion may be

transferred by him to another judge,.... 115 405. Enlarging time for proceedings in an action, . 115

116 116

CHAPTER IX.
ENTITLING AFFIDAVITS, ..
Section 406. Affidavits defectively entitled valid...

CHAPTER X.
COMPUTATION OF TIME,

, . Section 407. Time, how computed,.

116 116

CHAPTER XI. NOTICES AND FILING AND SERVICE OF PAPERS, .

116 Section 408. | Notices and other papers, how served on party 409. or attorney,

116 410. When and how served by mail,

117 411. 412. Double time when served by mail,

.... 117 413. Eight days' notice of motion, &c., before court or judge when personally served,

117 414. Where papers need not be served on defendant, .. 117 415. Service of papers where party resides outof the state 117 416. Summons and pleadings to be filed within ten days after service, ..

.. 117 417. Service, where party appears by attorney, 117 418. This chapter not to apply to summons or process, or to papers to bring party into contempt,..... 117

CHAPTER XII. DUTIES OF SHERIFFS AND CORONERS,

117 Section 419. Duty of sheriff and coroner in serving or executing process, and how enforced,..

117 CHAPTER XIII. ACCOUNTABILITY OF GUARDIANS,

118 Section 420. Guardian not to receive property until security given, ..

118 CHAPTER XIV. POWERS OF REFEREES, ·

118 Section 421. Referees authorized to administer oaths and to

exercise powers now vested in referees by law, 118

CHAPTER XV. MISCELLANEOUS PROVISIONS,

118 Section 422. Papers lost or withheld, how supplied,

118 423. Where undertakings to be filed,

118 424. Judgment on bond and warrant of attorney, executed before July 1, 1848, ..

118

Page. Section 425. Time for publication of notices, how computed, ... 119 426. Laws of other states and other governments, how proved,..

119 TITLE XIII. ACTIONS IN PARTICULAR CASES,

119 CHAPTER I. Actions against foreign corporations,

119 II. Actions in place of scire facias, quo warranto, and

of informations in the nature of quo warranto,.. 120 III. Actions for the partition of real property, .

124 IV. Actions to determine conflicting claims to real property and for waste and nuisance,

124 V. General provisions relating to actions concerning real property, .....

125 CHAPTER 1. ACTIONS AGAINST FOREIGN CORPORATIONS,

119 Section 427. Where and by whom brought, .

119 CHAPTER II. ACTIONS IN PLACE OF SCIRE FACIAS, QUO WARRANTO, AND OF INFORMATIONS IN THE NATURE OF QUO WARRANTO, .

120 Section 428. Scire facias, and quo warranto abolished and this chapter substituted, .

120 429. Action may be brought by attorney-general to

vacate a charter, by direction of legislature,. .. 120 430. Action to annul a corporation, when and how brought

by attorney-general, by leave of supreme court, .. 120 431. Leave, how obtained,

121 432. Action upon information or complaint, of course, 121 433. Action, when and how brought to vacate letters patent, ..

121 434. Relator, when to be joined as plaintiff,

122 435. Complaint and arrest of defendant, in action for usurping an office,

122 436. Judgment in such action, .

122 437. Assumption of office, &c., by relator, when judg. ment is in his favor,.

122 438. Proceedings against defendant, on refusal to deliver books or papers.

122 439. Damages, how recovered,

122 440. One action against several persons claiming office or franchise.

123 441. Penalty for usurping office or franchise, how awarded, .

123 442. Judgment of forfeiture against a corporation, 123 443. Costs against corporation or persons claiming to be such, how collected, .

123 444. Restraining corporation and appointment of receiver 123 445. Copy of judgment roll against corporation, where to be filed,

123 446. Entry of judgment relating to letters patent in records of commissioners of land office,..

124 447. Actions for forfeiture of property to the people, ... 124

CHAPTER III.

Page. ACTION FOR THE PARTITION OF REAL PROPERTY, .

124 Section 448. Provisions of Revised Statutes, applicable to actions for partition,....

124 CHAPTER IV. ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY, AND FOR WASTE AND NUISANCE,

124 Section 449. Actions to determine claims to real property, how prosecuted, ...

124 450. Action of waste abolished. Waste how remediable, .. 124 451. Provisions of Revised Statutes applicable to actions for waste under this act,

124 452. When judgment of forfeiture and eviction to be given, 125 453. Writ of nuisance abolished,

125 454. Remedy for injuries heretofore remediable by writ of nuisance,

125

CHAPTER V. GENERAL PROVISIONS RELATING TO ACTIONS CONCERNING REAL PROPERTY,. 125

Section 455. Provisions of Revised Statutes applicable thereto 125

TITLE XIV. PROVISIONS RELATING TO EXISTING SUITS,

125 Section 456. Appeal from order at a special term, on summary application, after judgment, .

125 457. Writ of error in all cases abolished. Appeal substituted, ..

125 458. Execution when issuable on a judgment docketed before July 1, 1848,

126 459. Proceedings by rehearing abrogated,

126 460. Appeals from final decrees, by a single judge, in

supreme court, in suits in equity pending on July 1,
1847, when to be taken, .

126 461. Issues of fact in county court or common pleas before July 1, 1848, how tried,

127 TITLE XV. GENERAL PROVISIONS, ·

127 Section 462. Detinition of "real property,

127 463. Definition of "personal property,

127 464. Definition of "property,

127 465. Definition of “district,

127 466. Definition of "clerk,

127 467. Rule of strict construction of statutes inapplicable to this act,

127 468. Statutory provisions inconsistent with this act repealed, 127 469. Rules and practice inconsistent with this act abrogated, 128 470. Judges of supreme court to make general rules,..... 128 471. This act not to affect certain proceedings and statutory provisions, ..

128 472. Certain parts of revised and other statutes not repealed, 129 473. This act, when to take effect,

129

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