TITLE VII.

Of the Provisional remedies in civil actions, 62.

CHAPTER I. Arrest and bail, 62-68.

II. Claim and delivery of personal property, 69–72.

III. Injunction, 72-74.

IV. Attachment, 75-80.

V. Provisional remedies, 80-81.

CHAPTER I.

Arrest and bail,. 62-63.

SECTION 178. No person to be arrested, except as prescribed by this act, 62. 179. Cases in which defendant may be arrested, 62.

180. Order for arrest, by whom made, 63.

181. Affidavit to obtain order. To what actions this chapter applicable, 63.

182. Security by plaintiff, before order for arrest, 64.

183. Order, when made and its form, 64.

184. Affidavit and order to be delivered to sheriff, and copy to defendant, 64.

185. Arrest, how made, 64.

186. Defendant to be discharged on bail or deposit, 64.

Surrender of defendant, 65.

190. Bail, how proceeded against, 65.

191. Bail, how exonerated, 66.

192. Delivery of undertaking to plaintiff, and its acceptance or rejection by him, 66.

193. Notice of justification. New undertaking, if other bail, 66. 194. Qualifications of bail, 66.

195.

196. Justification and allowance of bail, 67.

197. Deposite of money with sheriff, 67.

198. Payment of money into court by sheriff, 67.

199. Substituting bail for deposite, 67.

200. Money deposited how applied, or disposed of, 67.

201. Sheriff, when liable as bail; and his discharge from liability, 68.

202. Proceedings on judgment against sheriff, 68.

203. Bail liable to sheriff, 68.

204. Motion to vacate order of arrest, or reduce bail, 68.

205. Affidavits on motion, 68.

CHAPTER II.

Claim and delivery of Personal Property, 69-72.

SECTION 206. Delivery of personal property, when it may be claimed, 69. 207. Affidavit and its requisites, 69.

208. Requisition to sheriff, to take and deliver the property, 69. 209. Security on the part of the plaintiff, and justification, 70. 210. Exception to sureties and proceedings thereon or on failure to except, 70.

211. Defendant when entitled to re-delivery, 70.

212. Justification of defendant's sureties, 71.
213. Qualification and justification of sureties, 71.

SECTION 214. Property, how taken when concealed in building or enclo

sure, 71.

215. Property, how kept, 71.

216. Claim of property by third person, 71.

217. Notice and affidavit, when and where to be filed, 72.

CHAPTER III.

Injunction, 72-74.

SECTION 218. Writ of injunction abolished, and order substituted, 72. 219. Injunction, in what cases granted, 72.

220. At what time it may be granted, 73.

221. Notice, when required. Temporary injunction, 73.

222. Security upon injunction. Damages, how ascertained, 78. 223. Order to show cause why injunction should not be granted, 73.

224. Security, upon injunction to suspend business of corporation, 74.

225. Motion to vacate or modify injunction, 74.

226. Affidavits, on motion, 74.

CHAPTER IV.

Attachment, 75-80.

SECTION 227. Property of foreign corporations and of non-resident or ab. sconding or concealed defendants may be attached, 75.

228. Warrant by whom granted, 75.

229. In what cases warrant may be granted, 75.

230. Security in obtaining warrant, 76.

231. Warrant, to whom directed, and what to require, 76.

232. Mode of proceeding in executing warrant, 76.

233. Proceeding in case of perishable property or vessels, 76.

234. Interest in corporations or associations, liable to attachment, 77.

235. Attachment, how executed on property incapable of manual

delivery, 77.

236. Certificate of defendant's interest to be furnished by corporation, 77.

237. Judgment, how satisfied, 77.

238. When action to recover notes, &c., of defendant may be. prosecuted by plaintiff in the action in which the attachment issued, 79.

239. Bond to sheriff on attachment, how disposed of, on judgment for defendant, 79.

240. Discharge of attachment and return of property, or its proceeds, to defendant, on his appearance in action, 79.

241. Undertaking on the part of the defendant, 79.

242. When sheriff to return warrant and proceedings thereon, 80. 243. Sheriff's fees, 80.

CHAPTER V.

Provisional Remedies, 80-81.

SECTION 244. Powers of court as to receivers, deposit of money, kc., in court, and other provisional remedies, 80.

TITLE VIII.

Of the trial and judgment in civil actions, 82–93.

Judgment upon failure to answer, 82-84.

SECTION 245. Judgment, what, 82.

246. Judgment on failure of defendant to answer, 82.
247. Judgment on frivolous demurrer, answer or reply, 83.

CHAPTER II.

Issues and the mode of Trial, 84-85.

SECTION 248. The different kinds of issues, 84.

249. Issue of law, 84.

250. Issue of fact, 84.

251. On issues of both law and fact, the issue of law to be first tried, 84.

252. Trial what, 84.

253. Issue of fact to be tried by jury, unless waived or reference ordered, 85.

254. Other issues to be tried by the court, 85.

255. All issues to be tried before a single judge, 85.

256. Either party may give notice of trial. Note of issue, 85.
257. Order of disposing of issues on the calendar, 85.

CHAPTER III

Trial by Jury, 86-89.

SECTION 258. Either party may bring issue to trial, 86.

259. Plaintiff to furnish court with copy summons, pleadings, &c., 86.

260. General and special verdicts defined, 86.

261. Verdict in action for recovery of specific personal property, when in action for recovery of money only, or real property, jury may render either general or special verdict; and when court may direct special finding, 86.

262. On special finding, with general verdict, former to control, 87.

263. In actions for recovery of money only, jury to assess damages, 87.

264. Entry of verdict, 87.

265. Judgment when to be entered, 88.

SECTION 266.

CHAPTER IV.

Trial by the court, 89–90.

Trial by jury how waived, 89.

267. On trial by the court, judgment to be given in twenty

days, 89.

268. Exceptions, how and when taken, 89.

269. Proceedings upon judgment on issue of law, 90.

CHAPTER V.

Trial by referees, 90-91.

SECTION 270. All issues referable by consent, 90.

271. When reference may be compulsorily ordered, 90.
272. Report to stand as decision of the court, 91.
273. Referees, how chosen, 91.

CHAPTER VI.

Manner of entering judgment, 91-93.

SECTION 274. Judgment may be for or against any of the parties, 91.
275. The relief to be awarded to the plaintiff, 92.

276. Rate of damages, where damages are recoverable, 92.
277. Judgment in action for recovery of personal property, 92.
278. Judgment upon issue of law or of fact, to be upon direction
of a single judge, or on report of referees, subject to re-
view at general term, 92.

279. Clerk to keep a judgment book, 92.

280. Judgment to be entered into judgment book, 92.
281. Judgment roll, 93.

282. Judgment, in what cases and how to be docketed, B.

TITLE IX.

Of the execution of the judgment in civil actions, 94–101.

CHAPTER I. The execution, 94–97.

II. Proceedings supplementary to the execution, 97–101.

CHAPTER I

The execution, 94-97.

SECTION 283. Execution within five years, of course, as prescribed by this title, 94.

284.

After five years, to be issued only by leave of court. Leave, how obtained. Execution on judgment of justices' or

other inferior courts when docketed, how issued, 94.

285. Other judgments, how enforced, 95.

286. The different kinds of execution, 95.

287. To what counties execution may be issued, 95.

288. Execution against the person, in what cases, and when, 95. 289. Form of the execution, 96.

290. To be returnable in sixty days, 97.

291. Existing laws relating to execution continued, until other

wise provided, 97.

CHAPTER II.

Proceedings supplementary to the execution, 97-101.

SECTION 292. When execution returned unsatisfied, order for discovery of property allowed. Also when judgment debtor refuses to

apply property to satisfy judgment. Manner of proceeding to examine judgment debtor, 97.

293. Any debtor may pay execution against his creditor, 99. 294. Examination of debtors of judgment debtor or of those having property belonging to him, 99.

295. Witness required to testify, 99.

296. Compelling party or witnesses to attend. Examinations when to be on oath, 99.

297. Judge may order property to be applied on execution, 100. 298. Judge may appoint receiver, and prohibit transfer, &c., of property, 100.

299. Proceedings upon claim of another party to property, or on denial of indebtedness to judgment debtor, 100.

300. Reference by judge, 101.

301. Costs of proceedings, 101.

302. Disobedience of order, how punished, 101.

TITLE X.

Of the costs of civil actions, 101-107.

SECTION 303. Fee bill abolished. Allowances given, termed costs, 101. 304. When allowed, of course, to plaintiff, 102.

305. When allowed to defendant, 103.

306. When allowed to either party in the discretion of the court, 103.

307. Amount of costs allowed, 103.

308. Allowance, in addition, of a percentage on the recovery or claim, 104.

309. Percentage, how computed, 104.

310. Interest on verdict or report, when allowed, 105.

311. Costs, how to be inserted in judgment, 105.

312. Clerk's fees, 105.

313. Referee's fees, 106.

314. Costs on postponement of trial, 106.

315. Costs on a motion, 106.

316. Costs against infant plaintiff, 106.

317. Costs in an action by or against an executor or administrator, trustee of an express trust, or a person expressly authorised by statute to sue, 106.

318. Costs on review of a decision of an inferior court, in a special proceeding, 106.

319, 320. Costs in actions by the people, 107.

321. Costs against assignee of cause of action after action brought, 107.

322. Costs on a settlement, 107.

TITLE XI.

Of appeals in civil actions, 108.

CHAPTER I. Appeals in general, 108-109.

II. Appeals to the court of appeals, 110-113.

III. Appeals to the supreme court from an inferior court, 113-114. IV. Appeals in the supreme court, and the superior court, and the court of common pleas of the city of New-York, from a single judge to the general term, 114-115.