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TABLE OF CONTENTS.
PART I.
PROVISIONS OF THE CODE OF CIVIL PROCEDURE, SPECIALLY RELATING TO
PROCEEDINGS BEFORE JUSTICES OF THE PEACE.
CHAPTER NINETEENTH.
PAGE
Courts of justices of the peace, and proceedings therein....
1-136
TITLE I. Jurisdiction and general powers...
TITLE II. Commencement of action; appearance of parties; pro-
3-9
visional remedies...
ART. 1. Commencement of action.
ART. 2. Appearance of parties...
ART. 3. Order of arrest...
ART. 4. Attachment of property.
ART. 5. Replevin ...
10-39
10-15
15-18
18-24
24-33
33-39
TITLE III. Pleadings; including counterclaims, and proceedings
upon answer of title .....
39-49
TITLE IV. Proceedings between the joinder of issue and the trial..
ART. 2. Appeal, where a new trial is not had in the appellate court.
ART. 3. Appeal for a new trial in the appellate court..
Action or special proceeding, relating to an animal stray-
ing upon the highway, etc....
97-118
TITLE XI. Provisions specially relating to courts of justices of the
peace in the city of Brooklyn
118-127
....
CHAPTER TWENTIETH.
(EXTRACTS.)
Provisions relating to certain courts in cities, and the proceedings
therein.
TITLE IV. The district courts of the city of New-York, and the
PAGE.
justices' courts of the cities of Albany and Troy...... 137-147
ART. 1. Provisions generally applicable to all the courts specified in
this title....
137-141
ART. 2. Provisions exclusively applicable to the district courts of the city
of New-York...
141-146
ART. 3. Provisions exclusively applicable to the justices' courts of Albany
and Troy ...
146-147
TITLE V. The municipal court of the city of Rochester
147-148
PROVISIONS OF THE CODE OF CIVIL PROCEDURE, APPLICABLE TO PROCEED-
INGS BEFORE JUSTICES OF THE PEACE, AND ALSO BEFORE OTHER TRIBU-
NALS.
CHAPTER FIRST.
General provisions relating to courts, and the members and officers
thereof.
TITLE I. The courts of the State; their general powers and attrib-
utes, and general regulations pertaining to the exercise
ART. 1. Enumeration and classification ....
TITLE II. Provisions of general application, relating to the judges,
and certain other officers of the courts.
ART. 1. General powers, duties, liabilities, and disabilities of judges, and
officers acting judicially......
ART. 2. Attorneys and counsellors at law
CHAPTER SECOND.
Powers, duties, and liabilities of a sheriff, or other ministerial officer,
in the execution of the process or other mandate of a court or judge,
in a civil case.
TITLE I. Provisions relating to the execution of civil mandates
159-161
161-164
164-165
TITLE II. Provisions relating to the execution, by a sheriff, of a man-
date against the person.
ART. 1. Arresting, conveying to jail, and committing a prisoner..........
ART. 2. Jails; jail discipline; and regulations concerning the confinement
and care of prisoners...
CHAPTER THIRD.
Civil jurisdiction of the principal courts of record; organization,
members, and officers thereof; distribution and dispatch of business
TITLE III. The superior city courts.
168-170
170
ART. 3. Provisions exclusively applicable to the superior court of Buffalo.
TITLE V. The county courts....
171
172
CHAPTER FOURTH.
Limitation of the time of enforcing a civil remedy.
TITLE II. Actions other than for the recovery of real property.
TITLE III. General provisions....
173-183
183-192
CHAPTER FIFTH.
Commencement of and parties to an action.
TITLE I. Commencement of an action.
ART. 1. The summons and accompanying papers; personal service there-
of; appearance of the defendant
TITLE II. Parties to an action.
ART. 1. Parties generally ...
ART. 3. Parties prosecuting and defending as poor persons..
♦RT. 4. Infant plaintiffs and defendants..........
CHAPTER SIXTH.
Pleadings in courts of record, including counterclaims.
TITLE I. The consecutive pleadings in an action.
ART. 3. Answer ....
TITLE II. Provisions generally applicable to pleadings.............
CHAPTER SEVENTH.
General provisional remedies in an action.
TITLE I. Arrest, pending the action, and proceedings thereupon.
ART. 1. Cases where an order of arrest may be granted, and persons liable
to arrest......
193-195
195-197
197-199
200
201-204
204-205
206
ART. 2. Granting, executing, and vacating or modifying the order of arrest.
ART. 3. Discharging the defendant upon bail or deposit; justification of
the bail and disposition of the deposit......
CHAPTER EIGHTH.
Miscellaneous interlocutory proceedings, and regulations of practice.
TITLE I. Mistakes, omissions, defects, and irregularities...
TITLE III. Payment of money into court, and care and disposition
thereof......
TITLE IV. Proceedings upon the death or disability of a party, or the
transfer of his interest.....
TITLE VI. Miscellaneous practice regulations.
ART. 1. General regulations respecting time....
208-209
209
209-210
210-211
ART. 5. General regulations respecting bonds and undertakings..
ART. 6. Other matters....
211-213
213-214
CHAPTER NINTH.
Evidence.
TITLE
I. General regulations respecting evidence, and the compe-
tency and mode of examination of a witness.
ART. 1. Competency of a witness; evidence in particular cases.
ART. 2. Administration of an oath or affirmation......
TITLE II. Compelling the attendance and testimony of a witness...
TITLE III. Depositions.
215-220
220-223
223-226
ART. 2. Depositions, taken without the State, for use within the State....
ART. 3. Depositions, taken within the State, for use without the State....
TITLE IV. Documentary evidence.
227-229
229-230
ART. 1. Documentary evidence, as a substitute for oral testimony
ART. 2. Proof of a document, executed or remaining within the State...
ART. 3. Proof of a document, remaining in a court or public office of the
United States, or executed or remaining without the State....
Trials, including jurors and juries.
TITLE III. Trial jurors, except in New-York and Kings counties;
mode of selecting them and of procuring their attend-
TITLE VI. Miscellaneous provisions; including those relating to em-
bracery and other acts of misconduct..
CHAPTER ELEVENTH.
Judgments.
TITLE I. Judgment in an action.
246-252
252
252-253
253-255
TITLE I. Forms of execution; time and manner of issuing an exe-
257
cution; general duties and liabilities of officers....
258-259
TITLE II. Execution against property.
ART. 1. Property exempt from levy and sale...
260-263
ART. 2. Lien of an execution upon personal property; levy upon and sale
of personal property. Rights of indemnitors of sheriff.....
263-266
CHAPTER FOURTEENTH,
Special provisions regulating actions relating to property.
TITLE I. Actions relating to real property.
ART. 8. Miscellaneous actions relating to real property
TITLE II. Actions relating to chattels.
ART. 1. Action to recover a chattel....
ART. 2. Action to foreclose a lien upon a chattel..
CHAPTER FIFTEENTH.
267-269
270-285
285-287
Special provisions, regulating other particular actions and rights of
action, and actions by or against particular parties.
TITLE II. Actions relating to a corporation.
ART. 1. Action by a corporation, and action against a corporation, to
recover damages or property.....
ART. 1. Action by or against an executor or administrator.
TITLE IV. Other special actions and rights of action.
288-291
ART. 5. Provisions applicable to two or more of the actions specified in
this title.....
291-292
TITLE III. Actions relating to the estate of a decedent.
292-293
293-296
296-297
297-303
ART. 1. Action by or against an unincorporated association ....
303-307
307-310
310-317
ART. 3. Action by a private person for a penalty or forfeiture
ART. 4. Certain actions to recover damages for wrongs.
ART. 5. Miscellaneous actions and rights of action...
TITLE V. Other actions by or against particular parties.
ART. 2. Actions by or against certain county, town, and municipal officers
ART. 3. Actions and rights of action against and between joint debtors.........
CHAPTER SIXTEENTH.
Actions in behalf of the people, and special proceedings instituted, in
their behalf, by State writ.
TITLE I. Actions in behalf of the people.
ART. 3. Action for a fine, penalty, or forfeiture, or upon a forfeited recog-