ATTACHMENT-continued. [The reference affidavits to obtain, sufficiency of, cannot be reviewed on habeas corpus, 336 n. bond given to discharge, complaint on, what to state, 148 n. ATTENDANCE- of witnesses, how compelled on supplementary proceedings, 331. ATTENDANTS for courts- ATTORNEY- supervisors to provide, 35. when liable for the defendant's costs, 339 n. retainer of, is a proceeding in the action, 344 n. application for admission to practice as, 459. cannot be bail, 210 n. may be surety on an appeal? 369 n. fees of, statutes, &c., as to, repealed, 337. agreement as to compensation to, 337 n. 66 66 court will revise, 338 n. to endorse name and place of residence on papers, &c., 461. ATTORNEY GENERAL action by, against a corporation to annul act of incorpora- action by, to vacate letters patent, 431. B. BAIL- defendant may be discharged from arrest on, 209. amount of, 208 n. how given, 209. who cannot be, 210 n. sheriff bound to take, 210 n. surrender of defendant in exoneration of, 210. may arrest defendant, 210. how proceeded against, 210. "exonerated, 210, 211 n. notice of, to plaintiff, 211. notice of non-acceptance of, or exception, by plaintiff, 211. when plaintiff deemed to have accepted, 211. notice of justification of, 211. new, notice of justification of, 211. notice of justification is a waiver of all irregularity in the notice of excep- BAIL continued. liable to sheriff, 214. motion to reduce amount of, 214. See Motion to reduce amount of bail. BANK, accounts with, how kept, 485. orders upon, in what form, 486. BANKING ASSOCIATIONS, time of limitation not applicable to actions against, 79. agent of, when liable to arrest, 202. BANK NOTES, time of limitation not applicable to actions upon, 78. BELOW. on board a vessel in the merchant service, action for, may be brought See Assault. See Court below. BILL OF EXCEPTIONS, to obtain review of evidence, 282. on trial by jury, 277. 66 the court, 282. referees, 291, 295. amendments to, 197 n. how settled, signed and sealed, 464 n. turning case into, 464. when to be served, 464. See Bills and Notes. BILL OF EXCHANGE. BILLS AND NOTES- court may order either party to deliver, 175. form of complaint in action on, 147 n. answer in action on, 165 n. judgment against the several parties to, 133 n. inquest in action against the several parties to, 273 n. affidavit of merits in action against the several parties to, 272 n. costs of several actions on, 340. parties to actions upon, 95. the several parties to, though sued in one action, are not thereby answer by one of the parties to, does not enure to the benefit of put in circulation as money by moneyed corporations, 79. BOATS. See Owners. BOND, actions on- justice of the peace has jurisdiction in certain, 49. costs of several actions on same bond, 340. form of complaint, 148 n. must state specifically the breaches complained of, 148 n. to be acknowledged and approved, 481. for security for costs- sureties on, must justify if excepted to, 339 n. form of, need not follow the precise words of the statute, 339 n. should be executed by sureties without plaintiff, 339 n. action on, 339 n. taken in name of the people, parties to action on, 84 n. See Official Bond, Surety Bond, Undertaking. BOOKS, clerk to keep certain, 461. See Admission and Inspection, &c. Discovery of books, &c.; Judgment book. BY LAW, of city corporation- judges may transact, 35. See Judge at chambers. action upon, when it may be brought in district court, 62. C. CALENDAR-- when clerk to enter cause on, 268. order of disposing of issues on, 270. action by attorney general to have preference on, 270. certain actions against corporations to have preference on, 270 n. criminal cases to have preference on, 469. when cause is necessarily on, 345 n. when cause may be struck from, 459, 467. in New York common pleas, 496, 497. in the superior court, 493. in the first district, 454. of court of appeals-- clerk to make, 457. to be printed and copies delivered to judges, 457. rules 6, 10, 12, and 20, with notice that 14 copies of cases and points are required, to be printed on, 459. criminal cases to have a preference on, 458. how regulated, 28, 29 n. is an execution, 309 n. CASE generally—— appeal cannot be taken to court of appeals on, 295 n. when it may be turned into a bill of exceptions, 295 n, 464. CASE-continued. to be inserted in papers on appeal, 467. to review proceedings before referees, 467. lines of, to be numbered, 468. to be printed, 468. order for time to make, is not a stay of proceedings, 296 n. when judge at chambers cannot extend the time to make, 417 n. must be made by appellant, 456. what to contain, and when must be indexed, 456. to be printed, 456. folio numbering of, 456. to review evidence appearing on trial of question of fact by the court- on settlement of, judge to state the facts found, and his conclusions of CAUSE how settled, 463, 464. no case in writing need be prepared in cases reserved under 264th and who to furnish papers for argument on, 467. agreed on by the parties, 386. not provided for by the code, 442. when may be struck from the calendar, 459, 467. CAUSE OF ACTION- CERTIFICATE- what may be joined, 182. for injuries to personal property, and for its possession are dif- amendment of complaint as to, 195 n, 196 n. demurrer that complaint does not show, 153. objection that complaint does not show, when it may be taken, or defence, where several, they must be numbered, 136 n, 487. of service of summons by sheriff- to be proof of service, 133. to state time and place of service, 133. to refer to cause, and that the summons served was in such cause, of service of notice of no personal claim, 121 n. CERTIORARI- to warrant appeal from inferior to supreme court, 369, 370. to enable parties to appeal from order on a point of practice, 497. certificate of defendant's interest in rights and shares of corpora- security for costs on, 338 n. return to when a nullity, 382 n. provisions as to appeals from justice's courts substituted for, 378 n. to remove interlocutory proceedings, hearing of and to be preferred on CHAMBERLAIN- is an officer of the court, 331 n. CHAMBERS- judge at, does not act as a court, 35 n. distinction between chamber and term duties retained, 35. appeal from order at, is a motion, 353 n. place of trial- when the county designated as the place of trial is not the proper when there is reason to believe an impartial trial cannot be had, for the convenience of witnesses and to promote the ends of justice, effect of, on subsequent proceedings in the action, 105, 113 n, 114 n. where there are issues of law and fact, 113 n. demand of change of place of trial, effect of, 105 n. no distinction as to changing place of trial in action ex-contractu plaintiff may change place of trial by amendment, 109 n. transfer of papers on, order for, 460. CHARTER of city corporation, action on- CHECKS-- when it may be brought in district court, 63. form of complaint in action on, 147 n, 148 n. facts which excuse notice of presentment to be stated in complaint on, 148 n. CIRCUIT- New York common pleas has not jurisdiction of, 43 n. issues of fact in the supreme court, when the trial is by jury, to be tried issues of law to be tried at circuit or special term, 267. number of counsel to examine witnesses, and sum up at, limited, 463. bill of particulars of, court may order either party to deliver, 175. |