PREFACE TO THIRD EDITION. The amendments to the Code of Civil Procedure passed by the Legislature of 1879 are so numerous and important that it was deemed advisable to incorporate them in the text itself, rather than to publish them as a supplement to the second edition of this work. It is hoped that the additional expense incurred by the publishers in so doing may be more than compensated by the increased facility of reference thereby afforded to the profession. It is believed that this volume presents, accurately, and in a compact and concise form, the provisions of the Code of Civil Procedure as now existing, together with such provisions of the old Code as are still in force. Dated July 7, 1879. THE EDITOR. TABLE OF THE SECTIONS OF THE CODE OF CIVIL PROCEDURE TABLE, SHOWING THE PORTIONS OF THE REVISED STATUTES, General provisions, relating to courts, and the members and officers thereof, TITLE I. The courts of the State; their general powers and attributes, and general regulations pertaining to the exercise thereof........ ART. 1. Enumeration and classification ART. 2. General powers and attributes of the courts.... ART. 3. Miscellaneous provisions relating to sittings of the courts 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 ART. 3. General provisions, concerning certain ministerial officers con- nected with the administration of justice; and special provisions, con- cerning officers of that description, attached to two or more courts 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 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 CHAPTER THIRD. Civil jurisdiction of the principal courts of record; organization, members and officers thereof; distribution and dispatch of business therein TITLE I. The court of appeals .... ART. 1. Jurisdiction, and mode of exercising the same; general powers; ...... Sections. 190-361 190-216 190-198 209-216 ART. 3. The State reporter; publication and distribution of the reports.... TITLE II. The supreme court, including the circuit courts........................ .... 217-262 ART. 1. Jurisdiction and powers; designation of terms; distribution of business among the terins and judges; attendants upon the sittings; ART. 1. Provisions applicable to all the superior city courts ART. 2. Provisions exclusively applicable to the court of common pleas for the city and county of New-York, and the superior court of the city of ART. 3. Provisions exclusively applicable to the superior court of Buffalo.. ART. 4. Provisions exclusively applicable to the city court of Brooklyn.... TITLE IV. The marine court of the city of New-York ................... 286-291 292-306 307-313 ... 314-339 CHAPTER FOURTH. TITLE I. Actions for the recovery of real property. TITLE II. Actions other than for the recovery of real property........... 376–397 TITLE I. Arrest pending the action, and proceedings thereupon..... 548-601 ART. 1. Cases where an order of arrest may be granted, and persons liable to arrest.... 548-555 ART. 2. Granting, executing, and vacating or modifying the order of arrest, 556-572 573-590 591-601 ART. 1. Cases where an injunction may be granted; granting and service 602-610 .... ART. 2. Security ... ART. 3. Vacating or modifying an injunction order..... TITLE III. Attachment of property........... ART. 1. Cases where a warrant of attachment may be granted; and pro- ART. 2. Executing the warrant pending the action ART. 5. Proceedings after judgment; rights of parties and duties of the ........ .... TITLE IV. Other provisional remedies; general and miscellaneous provisions........ ART. 1. Receivers..... ART. 2. Deposit, delivery, or conveyance of property.. ..... 682-696 CHAPTER EIGHTH. Miscellaneous interlocutory proceedings and regulations of practice........... 721-827 ...... 743-754 TITLE IV. Proceedings upon the death or disability of a party, or the transfer of his interest........ TITLE V. Motions and orders generally......... TITLE VI. Miscellaneous practice regulations.. ART. 1. General regulations respecting time. .... ART. 4. Discovery of books and papers.... ART. 5. General regulations respecting bonds and undertakings. |