OATH, referees have power to administer, 310.

ORDER, defined, 299.

of County Judge, review of, 302.

transfer of hearing of, 303.

of Supreme Court as to terms abrogated, 23.
made out of court without notice, how vacated, 264.
intermediate review of, 265.

in Court of Appeals—

in Supreme Court-

in Superior Court-

to enlarge time for doing an act, 339.
to stay proceedings, 339.

may be revoked or modified, 339.

refused or granted conditionally, no subsequent ap-
plication to be made to another judge, 302, n, 358.
of reference, not to be made to a justice, 321.
for discovery of books, operates as a stay of proceed-
ings, when, 341.

to stay proceedings with a view to move to change
place of trial regulated, 346.

on petitions, how entered, 346.

on banks for payment of money, 357.

for appointing guardian, 349. See, Guardian.
when to be revoked, 358.

of reference in divorce cases, 352.

granting or refusing a new trial, 360.
ex parte, when to be applied for, 359.
See, Common Pleas Rules, 361, and 2 Code Rep., 138.
ORLEANS COUNTY, motions in actions arising in, 302, n.
OSWEGO, Recorder's Court of, laws regulating, 33.

OYER AND TERMINER, Courts of.

jurisdiction of, 23.

repeal of statutes relating to, 22.
number of terms of in each county, 24.

extraordinary, how appointed, 25.

places and times of holding, 25,

where to be held, 24.

Judges, how designated, 24.

appointment of to be published, 26.

Judges unable to preside, 26.

business out of court, 26.

supervisors to provide room for holding, 26.
jurisdiction of, over certain proceedings pending in the

late Mayor's Court of Rochester, 23.

in city of New-York, 23.

and Circuit Court may be held together, 24.
adjournment of, 25.

juries may be drawn for adjourned court of, 25.

causes may be noticed for adjourned court of, 25.

PAPER, service of. See, Service.

admission of, 290.

production of, 290, 291, n.

printing, cost of allowed, 257.

P.

lost, copy may be substituted for, 310.

PAPERS and books, how discovered, 340, 341.

what to be furnished on motions, 344.

to be marked by folios and printed, 345.

when prepared before this rule, may be according to former practice, 344.
by which party to be furnished, 344.

where to be filed, 340.

PAROL AGREEMENTS, among attorneys, not allowed, 346.

PARTIES TO ACTION.

Action to be by party interested, 70.

former chancery practice adopted as to, 70, n.
judgment may be for or against one or more, 228.
ultimate rights of, to be determined, 228.

See, Defendant, Husband and Wife, Infant, Party
to Action, Plaintiff, Wife.

PARTITION, proceedings for by petition not merged, 12.

proceedings for, not an action, 13.
equality of, directions as to, 354.

PARTITION of Real Property, action for, 319.

County Court has jurisdiction of, 28.
notice of no personal claim, 100.

costs in actions for, 252, n.

all lands held in common to be embraced in one-
action, 354.

reference as to title in, 354.
directions when sale is necessary,

PARTY TO ACTION, examination of, 292.

may be rebutted, 294.

354.

for co-plaintiff or defendant, 295.
examined on own behalf, 294, 295.
refusing to be examined, 294.
See, Parties to Action.

PENAL ACTION, time of limitation in, 47.

PEOPLE, when they will not sue, 59.

actions by, or by grantees from, when to be brought, 59.
statute of limitations applies to actions by, 65.

actions by for penalties, time of limitation, 64, 65.
PER-CENTAGE, allowance of, in addition to costs, 254.
allowed when, 255, n.

disallowed when, 255, n.

when application to be made for, 255. n.
amount of, 256, n.

how computed, 256.

PERSON, Execution against. See, Execution.

PERSONAL CLAIM, notice of no, 100.

PERSONAL PROPERTY, defined, 325.

in action to recover. plaintiff may claim delivery of, 171.
proceedings by plaintiff, where delivery claimed, 171.
requisition to sheriff to take, 173.

66

sheriff, his duty thereon, 173, 174, 175.

proceedings by defendant, 173, 174.

66

where property claimed by third party, 174.

judgment in action to recover, 230.

execution for delivery of possession of, 236.

PETITIONS, on appeals from surrogates, 355.

what to state, 355.

orders ou, not to recite contents of, 346.

PLACE OF TRIAL, enumeration of actions to be tried where subject matter situa-

ted, 85.

enumeration of actions to be tried where cause of action arises,

86.

other actions to be tried where parties reside, 87.

how changed, 87.

PLACE OF TRIAL, change of for reason that the county designated in the com-
plaint, is not the proper county, 87, n.

change of, for convenience of witnesses or to obtain an impar-
tial trial, 91, n.

PLAINTIFF, party complaining known as, 57.

who to be, 70, 78. 79,316.

when party refuses to be made, 79.
in case of change of interest, 79.

all parties in interest to be, 70, 78, 79.
exceptions, 73, 79.

married woman, 74.

infant, 76.

may sue for self and others, 70, n. 79.

in attachment may sue, instead of sheriff, 193.

amount of relief to, 230.

PLANK ROADS, proceeding to lay out, is a special proceeding, 13.
PLEADING, rules of, 111.

oral, in what courts, 47.

lost, copy may be substituted for, 310.

to be subscribed, 136.

what is sufficient subscription, 136, n.

when and how to be verified, 136, 137, n.

before whom to be verified, 137, n.

in actions by attorney-general for real property, 136.

need not contain items of account, 138.

several causes of action may be united in one, 143, 144, n.

a judgment, 142.

performance of conditions precedent, 142.

a private statute, 142.

in actions of libel and slander, 142, 143, 121, n.

to recover real property, 143.

construction of, 139.

amendment of, 149.

variance of, with proof, 148.

material allegation, when to be deemed true, 147.

error in, may be disregarded when, 156.

to be filed, 308.

indefinite or uncertain allegations in, may be stricken out, 139.

irrelevant or redundant matter in, may be stricken out, 139, 140, n.
142, n.

supplemental when, 156.

with defective verification, proceedings by adverse party, 137, n.
how subscribed where infant a party, 137, n.

verified by attorney, reason must be stated why verification not by

the party, 137, n.

when verification may be omitted, 136, 138, n.

how verified out of State, 138, n.

by person unable to read, &c., 138, n.

to be legibly written, 345, n.

folios of, to be numbered, 345, n.

to be abbreviated for the court, 344.

to be endorsed with attorney's name, 138, n. 340.

in an action or defence founded on an instrument for payment of
money, 142.

copies of, not to be given out in divorce cases, 353.

in actions to recover property distrained, doing damage, 143.

how verified where a corporation is a party, 136.

the State is a party, 136.

See, Answer, Complaint, Demurrer, Reply.

POINTS, in Court of Appeals,

how printed, 338.

what to contain, 338.

to be served and furnished to court, 338.

POINTS, in Court of Appeals,

eight copies for the judges, 338.
five copies for the clerk, 338.

how disposed of, 338.

three copies to adverse counsel, 338.
statement of facts upon, 338.

in Supreme Court, to be served and furnished to court, 344, 345.

POSSESSION, presumed, when, 60.

See, Adverse Possession, Descent cast.
POST-OFFICE, affidavit of deposit in, 110.
POSTPONEMENT of trial, conditions of, 259.
PRACTICE AND RULES, retained, 326.

of Justices' Courts, 47.
to be settled by judges, 326

in Supreme Court, when not provided for by rules,

359.

PRINTING Papers, costs of allowed, 257.
PRIVATE STATUTE, how pleaded, 142.
PROCESS, name of attorney to be endorsed on, 340.
compelling return of, 340.

execution is, 236.

duty of sheriff or coroner in serving or executing, 309.
PROHIBITION, proceedings on, not affected, 327.
PROMISSORY NOTE. See, Bill of Exchange.
PROPERTY, defined, 325.

execution against, 236.

PROVISIONAL REMEDIES, certain, not affected, 195.

PUBLIC OFFICERS,

arrest and bail, 157.

claim and delivery of personal property, 171.
injunction, 175.

attachment, 185.

provisional remedies, 195.

time of limitation in actions against, 64.
may sue in official capacity, 73, n.,
place of trial in actions against, 86.

PUBLICATION, See Substituted service.

of legal notices, 311.

of appointment of terms, 26.

Q.

QUESTIONS OF FACT, in Court of Appeals,

not to be argued at large, 338.
how point made in such cases, 338.

QUO WARRANTO, writ of abolished, 313.

actions in place of, 313.

R.

REAL ESTATE, to be sold in parcels, 349.

in New-York, at the Merchants' Exchange, 349.
proceeds belonging to infants, to be brought into court, 350.
See, Real property.

RECEIVER, appointment of, in what cases, 195.

should obtain leave to commence suit, 196. n.
an officer of the court, 196, n.

power and duty of, 355.

may be appointed, 246.

of estate of judgment debtor, action by, 247.

RECORDER'S COURT, Buffalo, statutory provisions as to, 33.

of Oswego,
of Utica,

33.

RECORDERS' COURTS, jurisdiction of, 31, 33.
REDUNDANT MATTER, to be struck out, 139, 346.
REFEREES, how chosen, 227.

report of, what to contain, 223.

to stand as decision of court, 225.

66 judgment to be entered on, 231,343.

powers of, 218, n. 310.

fees to, 259.

disobeying order of, 248.

in proceedings supplementary to execution, 247.

costs of postponing trial before, 259.

special report of, to be procured and furnished, on motion for re-hear-
ing or review in superior court, 361.

REFERENCE, when may be ordered, 198, 217, 218, 219, 247, 332.
choice of referees on, 273.

of claims against deceased persons, 261.

in Supreme Court, no order of, to a justice of this court, 258.

plaintiff may submit to a nonsuit in, 222, n. 343.
proceedings to set aside report, 226, n. 343.
obtaining judgment on report, 226, n. 343.
compelling plaintiff to proceed to trial in, 342, 343.
in case of absent defendants, 347.

to compute amount due on mortgage, 347.
to appoint guardian, 351.

when proceeds of infant's estate exceed $500,
351.

when plaintiff may be examined in divorce
cases, 354.

as to title in partition on default, when infants
and absentees are parties, 354.

REHEARING, on appeal, where five judges do not concur, 21.

when allowed, 333.

RELIEF, amount of to plaintiff, 230.

affirmative, to defendant, 212.

RELIGIOUS CORPORATION. See, Corporation.

REMEDIES, division of, 12.

provisional, 12, 157, 195.

distinction between legal and equitable, abolished, 12, 55, n.
not merged, 13.

REMITTITUR, when authorized, 19. 20.

when not authorized, 20,