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the same clerk's office, a certified copy thereof must, at the same time, be filed therein.

ART. 1.

sheriff to

§712. Where a warrant of attachment has been vacated or annulled, When the sheriff must forthwith file, in the clerk's office, the warrant, with a return warreturn of his proceedings thereon. Upon the application of either rant and party, and proof of the sheriff's neglect, the court may direct him so to ceedings. do, forthwith, or within a specified time.

his pro

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pointed.

§ 713. In addition to the cases, where the appointment of a receiver Receiver; is specially provided for by law, a receiver of property, which is the when ap subject of an action, in the supreme court, a superior city court, or a county court, may be appointed by the court, in either of the following

cases:

1. Before final judgment, on the application of a party who estabishes an apparent right to, or interest in, the property, where it is in the possession of an adverse party, and there is danger that it will be removed beyond the jurisdiction of the court, or lost, materially injured, or destroyed.

2. By or after the final judgment, to carry the judgment into effect, or to dispose of the property, according to its directions.

3. After final judgment, to preserve the property, during the pendency of an appeal.

The word "property," as used in this section, includes the rents, profits, or other income, and the increase, of real or personal property. §714. Notice of an application, for the appointment of a receiver, in Notice of an action, before judgment therein, must be given to the adverse party, appli unless he has failed to appear in the action, and the time limited for his appearance has expired.

applica

$715. A receiver, appointed in an action or special proceeding, must, Security. before entering upon his duties, execute and file with the proper clerk, a bond, to the people, with at least two sufficient sureties, in a penalty fixed by the court, judge, or referee, making the appointment, conditioned for the faithful discharge of his duties as receiver. And the court; or, where the order was made out of court, the judge making

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Court may order a de

the order, by or pursuant to which the receiver was appointed; or his successor in office; may, at any time, remove the receiver, or direct him to give a new bond, with new sureties, with the like condition But this section does not apply to a case, where special provision is made by law, for the security to be given by a receiver, or for increas ing the same, or for removing a receiver.

§716. A receiver, appointed by or pursuant to an order or a judg ment, in an action in the supreme court, a superior city court, or a county court, or in a special proceeding for the voluntary dissolution of a corporation, may take and hold real property, upon such trusts and for such purposes as the 'court directs, subject to the direction of th court, from time to time, respecting the disposition thereof.

ARTICLE SECOND.

DEPOSIT, DELIVERY, OR CONVEYANCE OF PROPERTY.

SECTION 717. Court may order a deposit or delivery of property in certain cases. 718. When sheriff may take and convey, etc., property.

§ 717. Where it is admitted, by the pleading or examination of posit or de- party, that he has, in his possession or under his control, money, livery of other personal property capable of delivery, which, being the subjec property in certain of the action or special proceeding, is held by him as trustee for anothe cases. party, or which belongs or is due to another party, the court may, its discretion, grant an order, upon notice, that it be paid into, or d posited in court, or delivered to that party, with or without securit subject to the further direction of the court.

When

sheriff may take and convey,

etc., property.

Arrest, injunction,

ment;

ed togeth

§ 718. Where the court has directed a deposit or delivery, as pr scribed in the last section; or where a judgment directs a party make a deposit or delivery, or to convey real property; if the directi is disobeyed, the court, besides punishing the disobedience as a co tempt, may, by order, require the sheriff to take, and deposit or deliv the money or other personal property, or to convey the real propert in conformity with the direction of the court.

ARTICLE THIRD.

CENERAL AND MISCELLANEOUS PROVISIONS.

SECTION 719. Arrest, injunction and attachment; when not to be granted togeth 720. Motions relating to provisional remedies to be decided in twenty da

th

§ 719. Where an application [for an order of arrest, an injucti and attach and a warrant of attachment, or two of them, is made, in the sa when not action, against the same defendant; and it satisfactorily appears, to be grant- under the particular circumstances of the case, two or all of them not necessary for the plaintiff's security, the court or judge may, in or his discretion, require the plaintiff to elect between them. But section does not apply to an action specified in subdivision third section five hundred and forty-nine, or in section six hundred thirty-seven of this act.

er.

Motions

relating to provisional remedies

to be de

cided in twenty days.

§ 720. Where an application is made, to obtain, vacate, modify set aside an order of arrest, injunction order, or warrant of attachm the court or judge must finally decide the same, within twenty after it is submitted for decision.

TITLE 1.

CHAPTER VIII.

MISCELLANEOUS INTERLOCUTORY PROCEEDINGS, AND
REGULATIONS OF PRACTICE.

TITLE I.
TITLE II.

MISTAKES, OMISSIONS, DEFECTS, AND IRREGULARITIES.

-TENDER, AND OTHER OFFERS AND REQUESTS TO THE
ADVERSE PARTY.

TITLE III.-PAYMENT OF MONEY INTO COURT, AND CARE AND DIS-
POSITION THEREOF.

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.

TITLE I.

Mistakes, omissions, defects, and irregularities.

SECTION 721. Defects cured by verdict, etc., and by judgment.

722. Such defects to be supplied.

723. Amendments by the court; disregarding immaterial errors, etc.
724. Relief against omissions, etc.; amendments to conform proceedings.
725. Returns by officers, etc.

726. Papers lost or withheld; how supplied.

727. Order of court; when necessary to amend.

728. Disregarding defects in affidavits.
729. Certain bonds, etc., when sufficient.

730. Amending defects in bonds, etc.

§ 721. In a court of record, where a verdict, report, or decision has Defects been rendered, the judgment shall not be stayed, nor shall a judgment cured by verdict, be reversed, impaired, or affected, by reason of either of the following etc., and imperfections, omissions, defects, matters, or things, in the process, ment. by judgpleadings, or other proceedings:

1. For want of a summons, or

writ.

2. For any fault or defect in process; or for misconceiving a process,

or awarding it to a wrong officer.

3. For an imperfect or insufficient return of a sheriff or other officer; * because an officer has not subscribed a return, actually made by him. 4. For a variance between the summons and complaint.

5. For a mispleading, insufficient pleading, or jeofail.

6. For want of a warrant of attorney by either party.

7. For the appearance, by attorney, of an infant party, if the verct, report, or decision, or the judgment, is in his favor.

8. For omitting to allege any matter, without proof of which the erdict, report, or decision ought not to have been rendered.

TITLE 1.

Such de.

fects to be

9. For a mistake in the name of a party or other person; or ir sum of money; or in the description of property; or in reciting stating a day, month, or year; where the correct name, sum, des tion, or date has been once rightly stated, in any of the pleadings other proceedings.

10. For a mistake in the name of a juror or officer.

11. For an informality in entering judgment, or making up the judgment-roll.

12. For any other default or negligence of the clerk, or any other officer of the court, or of a party, his attorney or counsel, by which the adverse party has not been prejudiced.

§ 722. Each of the omissions, imperfections, defects, and variances, supplied. specified in the last section, and any other of like nature, not being against the right and justice of the matter, and not altering the iss between the parties, or the trial, must, when necessary, be supplie and the proceeding amended, by the court wherein the judgment rendered, or by an appellate court.

Amend

ments by

the court; disregard

ing immaterial errors, etc.

Relief against

etc.; amendments to conform proceedings.

§ 723. The court may, upon the trial, or at any other stage of th action, before or after judgment, in furtherance of justice, and on suc terms as it deems just, amend any process, pleading, or other proce ing, by adding or striking out the name of a person as a party, or correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case; or, where the amendment does not change substantially the claim or defence, by conforming the pleading or other proceeding to the facts proved. And in every stage of the action, the court must disregard an error or defe in the pleadings or other proceedings, which does not affect the su' stantial rights of the adverse party.

§ 724. The court may likewise, in its discretion, and upon such term omissions, as justice requires, at any time within one year after notice thereof relieve a party from a judgment, order, or other proceeding, tak against him through his mistake, inadvertence, surprise, or excus neglect; and may supply an omission in any proceeding. Where a Į ceeding, taken by a party, fails to conform to a provision of this au the court may, in like manner, and upon like terms, permit an amer ment thereof, to conform it to the provision.

Returns

by officers, etc.

Papers lost or with

§ 725. A court, to which a return is made by a sheriff or other offi or by a subordinate court or other tribunal, may, in its discreti direct the return to be amended, in matter of form, either before after judgment.

§ 726. Where an original pleading or paper is lost, or withheld held; how any person, the court may authorize a copy to be filed and used, inste supplied. of the original.

Order of court;

when nec. essary to amend.

Disregarding defects in affida vits.

bonds, etc.,

cient.

§ 727. A process, pleading, or record, shall not be altered, by th clerk or any other officer of the court, or by any other person, withou the direction of the court, or of another court of competent authority except in a case where a party, or his attorney, is specially authorize by law to amend a pleading.

§ 728. The want of a title, or a defect in the title, of an affidavit does not impair it, if it intelligibly refers to the action or special prc ceeding, in which it is made.

Certain § 729. A bond or undertaking, required by statute to be given by when sum' person, to entitle him to a right or privilege, or to take a proceedi is sufficient, if it conforms substantially to the form therefor, prescrit by the statute, and does not vary therefrom, to the prejudice of rights of the party, to whom, or for whose benefit it is given.

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