CHAPTER IV. OF ACTIONS AND THE TIMES OF COMMENCING THEM. TITLE I.-OF ACTIONS, AND THEIR GENERAL DIVISIONS. [Chapter 4 was wholly repealed by L. 1849, ch. 438, § 78.] [291-801] [302-345] TITLE TITLE TITLE CHAPTER V. OF SUITS RELATING TO REAL PROPERTY. I.-OF THE ACTION OF EJECTMENT. II. PROCEEDINGS TO COMPEL THE DETERMINATION OF CLAIMS III.-OF THE PARTITION OF LANDS OWNED BY SEVERAL PERSONS. V.-OF WASTE. TITLE VI.-OF TRESPASS ON LANDS. TITLE VII.-GENERAL PROVISIONS CONCERNING ACTIONS RELATING TO REAL PROPERTY. TITLE VIII.--PROCEEDINGS TO DISCOVER THE DEATH OF PERSONS, UPON [So much of chapter 5, as had not been previously repealed, was repealed by L 1880, ch. 245.] CHAPTER VI. OF PROCEEDINGS IN PERSONAL ACTIONS BROUGHT TITLE I.-OF THE COMMENCEMENT OF SUITS AND THE PROCEEDINGS TITLE II.-OF PLEADINGS AND SET-OFFS. TITLE III.-OF THE ASSESSMENT OF DAMAGES UPON DEFAULT. TITLE V.-OF EXECUTIONS, AND THE DUTIES OF OFFICERS THEREON. TITLE VI.-PROVISIONS CONCERNING CERTAIN PROCEEDINGS IN THE PRO GRESS OF AN ACTION AT LAW. [So much of this chapter, as had not been previously repealed, was repealed by L 1880, ch. 245.] [346-385] TITLE 3. [386] [387] CHAPTER VII. MISCELLANEOUS PROVISIONS OF A GENERAL NATURE, TITLE I. OF THE ABATEMENT OF SUITS BY DEATH, MARRIAGE, OR TITLE II.-OF THE REMOVAL OF CAUSES BEFORE TRIAL OR JUDGMENT, [Repealed.] TITLE VI.-OF THE POWERS AND DUTIES OF SHERIFFS, CORONERS AND OTHER OFFICERS, IN THE ARREST AND IMPRISONMENT OF TITLE I. Of the Abatement of Suits by Death, Marriage, or otherwise, and of their Of the Removal of Causes before Trial or Judgment, from inferior Courts. [Repealed by L. 1877, ch. 417 ; except §§ 15 and 16, which were repealed by L. 1880, ch. 245.] ART. 1.-Of taking, conditionally, the testimony of witnesses within this state. [Repealed by L. 1877, ch. 417.] ART. 2.-Of taking the testimony of witnesses out of this state. [Repealed by L. 1877, ch. 417.] ART. 3.-Of affidavits taken, and other judicial proceedings had in other states and foreign countries. [Repealed by L. 1877, ch. 417.] ART. 4.-Of depositions taken in this state, to be used in courts of other states and countries. [Repealed by L. 1877, ch. 417.] ART. 5.-Of proceedings to perpetuate testimony. [Repealed by L. 1877, ch. 417.] ART. 6.-Of witnesses, their privileges, and compelling their attendance. [Repealed by L. 1877, ch. 417.] ART. 7.-Of documentary evidence, and the preservation thereof. ART. 8.-Of the examination of witnesses, of certain rules of evidence, and of evidence in certain cases. ART. 9.-Of the administration of oaths and affirmations. ART. 7. [Repealed.] ARTICLE SEVENTH. OF DOCUMENTARY EVIDENCE, AND THE PRESERVATION THEREOF. SEC. 56-62. [Repealed.] 63. Clerks, etc., to receive papers offered for safe keeping. 64. Papers, how to be endorsed, filed and kept. 65. Not to be delivered out, except in certain cases. 66. But open to public examination. 67. Certain officers to receive wills, for safe keeping. 68. Will how to be enclosed and endorsed; not to be opened, etc. 69. To whom will to be delivered. 70. Surrogate to open will on death of testator, etc. [Sections 56-62 were repealed by L. 1877, ch. 417.] [404] offered for received. § 63. The clerk of every county in this state, and the register of Papers deeds in the city and county of New York, upon being paid the safe keepfees allowed therefor by law, shall receive and deposit in their ing to be offices respectively, any deeds, conveyances, wills, or other papers or documents, which any person shall offer to them for that purpose; and shall give to such person a written receipt therefor. endorsed § 64. Such instruments, papers and documents, shall be properly How to be endorsed, so as to indicate their general nature and the names of and kept. the parties thereto, shall be filed by the officer receiving the same, stating the time when received, and shall be deposited and kept by him and his successor in office, with his official papers, in some place separate and distinct from such papers. delivered § 65. The instruments, papers and documents so received and Not to be deposited, shall not be withdrawn from such office, except on the out, &c. order of some court of record, for the purpose of being read in evidence in such court, and then to be returned to such office; nor shall they be delivered without such order, to any person, unless upon the written order of the person or persons who deposited the same, or their executors or administrators. amined § 66. Such instruments, papers and documents so deposited, shall May be exbe open to the examination of any person desiring the same, upon publicly. payment of the fees allowed by law. received 67. The clerk of every county in this state, the register of deeds wills to be in the city and county of New York, and the surrogate of every for safe county, upon being paid the fees allowed therefor by law, shall keeping. receive and deposit in their offices respectively, any last will or tes- [405] tament which any person shall deliver to them for that purpose, and shall give a written receipt therefor to the person depositing the same. sealed up, § 68. Such will shall be enclosed in a sealed wrapper, so that the Will to be contents thereof cannot be read, and shall have endorsed thereon &c. the name of the testator, his place of residence, and the day, month and year when delivered; and shall not, on any pretext whatever, be opened, read or examined, until delivered to a person entitled to the same, as herein after directed. |