Entered according to the Act of Congress, in the year eighteen hundred and seventy-seven, BY WILLIAM WAIT, In the office of the Librarian of Congress at Washington. WEED, PARSONS AND COMPANY, PRINTERS AND STEREOTYPERS, ALBANY, N. Y. JUN 1 2 1918 PREFACE. A few words will explain the character of this edition of the new Code of Civil Procedure. The text is printed from the copy deposited in the office of the Secretary of State as required by law. Notes to the sections are made up by refer ring to the Code of Procedure and the decisions founded thereon; by references to statutes which are substantially incorporated into the new Code; by references to Wait's Practice, in six volumes, and the Law and Practice, in two volumes; and by references to the late cases which have been decided and reported since the publication of the Code of Procedure with the notes. This method furnishes a correct text, and a reference to such late decisions as will aid in giving construction to the new Code. It saves labor by referring to the large collection of cases found in the old Code and in Wait's Practice. It is as concise as practicable, and furnished at a moderate price. If the additional chapters prepared by the revisers shall become a law, a further and more complete edition will be published. September 1st, 1877. WILLIAM WAIT. TABLE OF CONTENTS. General provisions relating to courts, and the members and officers 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 the sittings of the courts... TITLE II. Provisions of general application, relating to the judges, ART. 1. General powers, duties, liabilities, and disabilities of judges, and ART. 2. Attorneys and counsellors at law 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, Section. |