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Page. TITLE X. OF THE COSTS OF CIVIL ACTIONS, .

87 Section 303. Fee bill abolished. Allowances given, termed costs,... 87 304. When allowed, of course, to plaintiff,

87 305. When allowed to defendant,

.88 306. When allowed to either party in the discretion of the court, ...

88 307. Amount of costs allowed,

89 308. Allowance, in addition, of a percentage on the recovery or claim,

90 309. Percentage, how computed, ..

90 310. Interest on verdict or report, when allowed,

91 311. Costs, how to be inserted in judgment,

91 312. Clerk's fees, ..

91" 313. Referee's fees,

91 314. Costs on postponement of trial,

92 315. Costs on a motion,

92 316. Costs against infant plaintiff,

92 317. Costs in an action by or against an executor or adminis

trator, trustee of an express trust, or a person expressly
authorized by statute to sue,

92 318. Costs on review of a decision of an inferior court, in a special proceding,

92 319, 320. Costs in actions by the people,

93 321. Costs against assignee of cause of action after action brought,

93 322. Costs on a settlement,

93

TITLE XL OF APPEALS IN CIVIL ACTIONS,.

93 CHAPTER I. Appeals in general,..

93 IL Appeals to the court of appeals, .

95 III. Appeals to the supreme court from an inferior court, ... 98 IV. Appeals in the supreme court, and the superior court,

and the court of common pleas of the city of New

York, from a single judge to the general term, ...... 99
V. Appeal to the court of common pleas for the city and

county of New York, or to a county court, from an
inferior court,

100

CHAPTER I.
APPEALS IN GENERAL,
Section 323. Writs of error abolished, and appeals substituted,

324. Orders made out of court, how vacated or modified, .
325. Who may appeal,....
326. Parties how designated on appeal,
327. Appeal how made,.
328. Clerk to transmit papers to appellate court,
329. Intermediate orders affecting the judgment, may be re-

viewed on the appeal,.
330. Judgment on appeal,

93 94 94 94 94 94 94

94 94

Section 331. Certain appeals to be within two years, .

332. Other appeals within thirty days,

Page. 95 95

CHAPTER II. APPEALS TO THE COURT OF APPEALS,

95 Section 333. In what cases, .

95 334. On any appeal security must be given to pay costs and

damages, not exceeding $250, or deposit made, unless
waived,

96 335. On judgment for money, security to stay execution,... 96 336. If judgment be to deliver documents, they must be deposited,

96 337. If to execute conveyance, it must be executed and deposited,

96 338. Security where judgment is to deliver property, for a sale of mortgaged premises,

97 339. Stay of proceedings upon security given,.

97 340. Undertakings may be in one instrument, or several, 97 341. Security to be approved and to justify,:

97 342. Perishable property may be sold, notwithstanding appeal, 98 343. Undertaking must be filed, ...

98

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98 98

CHAPTER III.
APPEAL TO THE SUPREME COURT FROM AN INFERIOR COURT,
Section 344. In what cases,
345. Security must be given as upon appeal to the court of

appeals,
346. Appeal, where heard,.
347. Judgment on appeal, where entered and docketed,

98 98 99

CHAPTER IV.
APPEALS IN THE SUPREME COURT, AND THE SUPERIOR COURT AND

COURT OF COMMON PLEAS OF THE CITY OF NEW YORK, FROM A
SINGLE JUDGE, TO THE GENERAL TERM,.

99 Section 348. Appeals from circuits and special terms to same court in general term. Security on appeal,..

99 349. Orders by a single judge, may be appealed from in cer

99 350. Orders at chambers to be entered before appeal,

100

tain cases,

CHAPTER V.
APPEAL TO THE COURT OF COMMON PLEAS FOR THE CITY AND COUNTY

OF NEW YORK, OR TO A COUNTY COURT, FROM AN INFERIOR COURT, 100 Section 351. Existing laws repealed, and this chapter substituted, .... 101 352. By what courts judgments to be reviewed, ....

101 353. Appellant to make affidavit,..

101 354. Copy affidavit and notice of appeal to be served,

101 355. Security to stay execution, .

103 356. Form of undertaking,

103 357. Execution, how stayed,

103 358. In case of death of justice, undertaking to be filed, .... 103 359. Counter affidavits allowed, and when and how served,.. 103

Page. Section 360. Return when and how made, and compelled,

103 . 361. How made if justice be out of office,

104 362. Further return may be ordered,.....

104 363. If justice be dead, insane or absent from Staté, witnesses

to be examined. If in another county, return may be
compelled, .....

104
364. Hearing, upon return. Dismissing appeal, if not brought
on,..

104 365. To be heard on original papers,

104 366. Judgment, how given,

104 367. Judgment roll,

106 368. Costs, how awarded,.

106 369. Ordering restitution,.

106 370. Setting off costs and recovery, ..

106 371. The costs on appeal,

106

TITLE XIL
OF THE MISCELLANEOUS PROCEEDINGS IN CIVIL ACTIONS, AND GENERAL
PROVISIONS, ..

107 CHAPTER I Submitting a controversy, without action,..

.. 107 IL Proceedings against joint debtors, heirs, legatees, devisees, and tenants holding under a judgment debtor,

108 III. Confession of judgment without action,

109 IV. Offers of the defendant to compromise the whole or a part of the action,....

110 V. Admission or inspection of writings,

110 VI. Examination of parties, ..

111 VII. Examination of witnesses,

111 VIII. Motions and orders,

113 IX. Entitling affidavits,

114 X. Computation of time,...

116 XI. Notices, and filing and service of papers,

116 XII. Duties of sheriffs and coroners, .

117 XIII. Accountability of guardians,

118 XIV. Powers of referees, .

118 XV. Miscellaneous provisions,

118

CHAPTER I. SUBMITTING A CONTROVERSY WITHOUT ACTION, .

107 Section 372. Controversy how submitted without action,

.. 107 373. Judgment on, as in other cases, but without costs, ..... 107 374. Judgment may be enforced, or appealed from, as in an

action,

.... 108

CHAPTER II.
PROCEEDINGS AGAINST JOINT DEBTORS, HEIRS, DEVISEES, LEGATEES AND
TENANTS HOLDING UNDER A JUDGMENT DEBTOR, ..

108 Section 375. Parties not summoned in action on joint contract, may be summoned after judgment, ...

108 376. If judgment debtor die, his representatives may be summoned,

108

Page. Section 377. Form of summons,

108 378. To be accompanied by affidavit of amount due,

108 379. 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. Inspection and copy of books, papers and documents, how obtained,

111

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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 inquiries,

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,,
Section 398. No witness to be excluded by reason of interest,

399. To whom last section inapplicable,

113 113 113

CHAPTER VIII. MOTIONS AND ORDERS,..

114 Section 400. Definition of an order,..

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

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

... 115 403. 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 or at409. torney,

116 410. 411. When and how served by mail,.

117 412. 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 out of 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 contempty..

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

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