2 R. S., 229, §§ 23 and 24 (2 Edm., 245). 2 R. S., 267, § 231 (2 Edm., 275) ... Proceedings to recover books, etc., of canal employees 1 R. S., 249, §§ 183 and 184 (1 Edm., 250)... Actions, etc., by or against towns..... 1 R. S., 356, 357, §§ 1-6 and 8 (1 Edm., 329, 330). Actions, etc., by or against counties.. 1 R. S., 364, § 3 (1 Edm., 337)..... Duties of justices of the peace at town meetings.. 1 R. S., 342, §§ 11-13 (1 Edm., 315).................... Proceedings by justices of the peace relative to vacancies in town. offices, and to the resignation and removal of officers... 1 R. S., 347, 348, §§ 31-37, as §§ 34 and 37, are amended by L. 1830, ch. 320 (1 Edm., 320, 321), and § 31 by L. 1874, ch. 543 (9 Edm., 968) L. 1840, ch. 305, as § 2 is amended by L. 1844, ch. 228 (3 Edm., 302). . 2 R. S., 555, § 27 (2 Edm., 575), as amended by L. 1874, ch. 321 (9 Edm., 407-408 L. 1862, ch. 244, §§ 1 and 2, amending 1 R. S., 703, §§ 1 and 4 (1 Edm., 655). L. 1865, ch. 442 (6 Edm., 485), amending L. 1858, ch. 103, § 1 (3 Edm., 543). Proceedings relating to division fences.... 1 R. S., 353, § 30-45 (1 Edm., 326), as amended by L. 1850, ch. 319; L. 1860, ch. 267; L. 1866, ch. 540; L. 1871, ch. 635, and L. 1872, ch. 377 (9 Proceedings to assess highway damages... L. 1845, ch. 180, § 5, as amended by L. 1847, ch. 455, § 2, and L. 1872, ch. L. 1857, ch. 491, as amended by L. 1858, ch. 51 (3 Edm., 539) 1 R. S., 514, § 60 (1 Edm., 473), as amended by L. 1877, ch. 465. 439-442 THE NEW YORK JUSTICE'S MANUAL. PART I. PROVISIONS OF THE CODE OF CIVIL PRO- PROCEEDINGS BEFORE JUSTICES CHAPTER XIX. COURTS OF JUSTICES OF THE PEACE, AND PROCEEDINGS THEREIN. TITLE I.— JURISDICTION AND GENERAL POWERS. TITLE II. COMMENCEMENT OF ACTION; APPEARANCE OF PARTIES; PROVISIONAL REMEDIES. TITLE III.- PLEADINGS; INCLUDING COUNTERCLAIMS, AND PRO CEEDINGS UPON ANSWER OF TITLE. TITLE IV.- PROCEEDINGS BETWEEN THE JOINDER OF ISSUE AND THE TRIAL. TITLE V.-TRIAL AND ITS INCIDENTS. TITLE VI.-JUDGMENT; AND DOCKETING THE SAME. TITLE VII.- EXECUTIONS. TITLE VIII.- APPEALS. TITLE IX.- COSTS. TITLE X.-ACTION OR SPECIAL PROCEEDING, RELATING TO AN TITLE XI.- PROVISIONS SPECIALLY RELATING TO COURTS OF JUSTICES OF THE PEACE IN THE CITY OF BROOKLYN. TITLE XII.- MISCELLANEOUS PROVISIONS. PRELIMINARY NOTE.-In preparing the notes to this chapter, the editor's chief object has been to lessen, as far as possible, the doubts and embarrassments which justices of the peace, and those practicing before them, must unavoidably experience from the enactment of a new statute, containing a complete system of procedure, which, in many particulars, is different from that formerly in use, although examination and practical experience will show that the changes are less numerous and extensive than it has been generally supposed. Accordingly the editor's efforts have been mainly directed to pointing out the interdependence between the various parts of this chapter, the connection between this chapter and other chapters of this Code, and the differences between this chapter and the former statutes relating to justices' courts, so that the persons referred to may the more readily understand the meaning and effect of the language employed, and distinguish those provisions which accomplish changes in matters of substance, from those which affect the phraseology merely, leaving the directions of the former statutes practically unchanged. The better to carry out this object, he has, except occasionally, where a particular point was to be elucidated, refrained from extensive citations of decisions under the former statutes, because they are so numerous, that to collect them and explain them fully would swell the notes to such a bulk, that their usefulness for the editor's main purpose would be greatly impaired. Such of the adjudications as are applicable to the new statute can readily be applied, where the points of divergence or convergence between the new statute and the old have been ascertained. Indeed, the most material changes, effected by this chapter, are those which tend to conform the procedure in justices' courts to that of the supreme court and the other principal courts of record; for the statutes regulating the jurisdiction and general powers of justices of the peace, and many of the provisions relating to the procedure before them, have been subjected to few and comparatively unimportant changes. With respect to those particulars in which the procedure has been thus assimilated, the authorities upon the procedure in the principal courts of record will be generally applicable to that of justices' courts, because the phraseology, as well as the substantive directions of the provisions of this chapter, |