Pursuant to the "Act concerning the Revised Statutes," passed on the 10th of December, 1828, We, the undersigned, two of the Revisers of the Statutes of the state of New-York, do hereby certify, that the text of the Revised Statutes contained in this volume, has been examined and compared by us with the original acts passed by the Legislature, and with the acts amending such originals; and that this volume was printed by the printers employed by us for that purpose, under the authority conferred by law.
B. F. BUTLER,
JOHN C. SPENCER.
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Of the several Chapters included in this Volume.
The SECOND PART of the Revised Sta-
tates is entitled "An Act concerning the Ac-
quisition, the Enjoyment and the Transmis-
sion of Property, real and personal, the Domes-
tic Relations, aud other Matters connected
with Private Rights;" and consists of EIGHT
CHAPTERS.*
CHAP. V. OF TITLE TO PROPERTY, REAL
AND PERSONAL, TRANSMITTED OR ACQUIR-
ED BY SPECIAL PROVISIONS OF LAW: Con-
taining two Titles.
Title 1. Of the assignment of the estates of
non-resident, absconding, insolvent or im-
prisoned debtors: Containing eight Articles.
Art. 1. Of attachments against absconding,
concealed and non-resident debtors, p. 1.
Art. 2. Of attachments against debtors con-
fined for crimes, 14.
Art. 3. Of voluntary assignments, made pur-
suant to the application of an insolvent and
his creditors, 15.
Art. 4. Of proceedings by creditors, to com-
pel assignments by debtors imprisoned on
execution in civil causes, 24.
Art. 5. Of voluntary assignments by an in-
solvent, for the purpose of exonerating his
person from imprisonment, 28.
Art. 6. Of voluntary assignments by a debtor
imprisoned on execution in civil causes, 31.
Art. 7. General provisions applicable to pro-
ceedings under the several preceding Arti-
cles, or some of them, 34.
Art. 8. Of the powers, duties and obligations
of trustees and assignees under this Title,
Title 2. Of the custody and disposition of the
estates of idiots, lunatics, persons of unsound
mind, and drunkards, 51.
CHAP. VI. OF WILLS AND TESTAMENTS; OF
THE DISTRIBUTION OF THE ESTATES OF IN-
TESTATES; AND OF THE RIGHTS, POWERS
AND DUTIES OF EXECUTORS AND ADMINIS-
TRATORS: Containing six Titles.
Title 1. Of wills and testaments of real and
personal property, and the proof of them:
Containing three Articles.
Art. 1. Of wills of real property, and the proof
of them, 56.
Art. 2. Of wills of personal property, and the
probate of them, 59.
Art. 3. General provisions applicable to wills
of real and personal property, 63.
Title 2. Of granting letters testamentary and
of administration: containing three Articles.
Art. 1. Of granting letters testamentary, 68.
Art. 2. Of granting letters of administration
with the will annexed, and in cases of in-
testacy, 73.
Art. 3. General provisions relating to letters
testamentary and of administration; mis-
cellaneous provisions respecting the duties
of surrogates, and the recording of wills and
letters, 78.
Title 3. Of the duties of executors and admi-
nistrators, in taking and returning invento-
ries, in the payment of debts and legacies,
in accounting and making distribution to
next of kin: Containing three Articles.
Art. 1. Of their duties in taking and return-
ing inventories, 81.
* The first, second, third and fourth Chapters of Part II. are included in Vol. 1.
Art. 2. Of the duties of executors and admi-
nistrators, in the payment of debts and le-
gacies, 86.
Art. 3. Of the duties of executors and admi-
nistrators, in rendering an account, and in
making distribution to the next of kin, 91.
Title 4. Of the powers and duties of executors
and administrators, in relation to the sale
and disposition of the real estate of their
testator or intestate, 99.
Title 5. Of the rights and liabilities of execu-
tors and administrators, 113.
Title 6. Of public administrators: Containing
two Articles.
Art. 1. Of the public administrator in the
city of New-York, 117.
Art. 2. Of public administrators in the seve-
ral counties of this state, other than the
county of New-York, 128.
CHAP. VII. OF FRAUDULENT CONVEYANCES
AND CONTRACTS RELATIVE TO REAL AND
PERSONAL PROPERTY: Containing three Ti-
tles.
Title 1. Of fraudulent conveyances and con-
tracts relative to lands, 133.
Title 2. Of fraudulent conveyances and con-
tracts relative to goods, chattels and things
in action, 135.
Title 3. General provisions, 136.
CHAP. VIII. OF THE DOMESTIC RELATIONS:
Art. 1. Of the constitution of the court and
its officers, 164.
Art. 2. Of impeachments, and the mode of
conducting them, 165.
Art. 3. Of its powers as a court for the cor-
rection of errors, 166.
Title 2. Of the court of chancery: Containing
seven Articles.
Art. 1. Of the constitution of the court; and
of its officers, and their duties, 167.
Art. 2. Of the general powers, duties and ju-
risdiction of the court, 173.
Art. 3. Of the terms of the court, and the
mode of proceeding therein, 175.
Art. 4. Of proceedings against absent, con-
cealed and non-resident defendants, 185.
Art. 5. Of the granting of injunctions to stay
proceedings at law, 188.
Art. 6. Of the powers and proceedings of the
court, upon bills for the foreclosure or sa-
tisfaction of mortgages, 191.
Art. 7. Of proceedings in relation to the con-
veyance of lands by infants, and the sale and
disposition of their estates, 193.
Title 3. Of the supreme court, 196.
Title 4. Of the circuit courts, sittings and
courts of oyer and terminer, 200.
Title 5. Of the courts of common pleas and
general sessions of the peace, in the several
counties of this state, 207.
Title 6. Of mayors' courts in cities, 217.
Title 1. Of husband and wife: Containing five || CHAP. II. OF COURTS OF PECULIAR AND
Articles.
SPECIAL JURISDICTION: Containing four Ti-
tles.
Title 1. Of surrogates' courts, 220.
Title 2. Of the courts of special sessions of the
peace, 223.
Title 3. Of special justices' courts in the se-
veral cities of this state, 224.
Title 4. Of courts held by justices of the
peace: Containing thirteen Articles.
Art. 1. Of the jurisdiction of justices' courts,
225.
Art. 2. Of the commencement of suits, and
the service and return of process, 227.
Art. 3. Of the appearance of parties, 232.
Art. 4. Of pleadings and of set-offs, 233.
Art. 5. Of adjournments, 238.
Art. 6. Of compelling the attendance of wit-
nesses, 240.
Art. 7. Of the trial of issues of fact, and the
incidents thereto, 242.
Art. 8. Of judgments, and filing transcripts
thereof, 245.
Art. 9. Of executions, of sales thereon; and
Art. 13. General provisions concerning justices courts, and proceedings therein, 266. CHAP. III. GENERAL PROVISIONS CONCERN
ING COURTS OF JUSTICE, AND THE POWERS
AND DUTIES OF CERTAIN JUDICIAL OFFI-
CERS: Containing two Titles.
Title 1. General provisions concerning the courts of justice specified in the two preceding Chapters, 274.
Title 2. General provisions concerning courts of record, and the powers and duties of certain judicial officers: Containing four Articles.
Art. 1. Provisions concerning courts of record, their process and proceedings, 276. Art. 2. Of the powers and duties of certain judicial officers, 279.
Art. 3. Of the officers of courts of record, their duties, privileges and liabilities, 286. Art. 4. Miscellaneous provisions concerning courts of record, 290.
CHAP. IV. OF ACTIONS, AND THE TIMES OF COMMENCING THEM: Containing two Titles.
Title 1. Of actions, and their general divisions, 291.
Title 2 of the time of commencing actions: Containing six Articles.
Art. 1. Of the time of commencing actions relating to real property, 292.
Art. 2. Of the time of commencing actions for the recovery of any debt or demand, or for damages only, 295.
Art. 3. Of the time of commencing actions for penalties and forfeitures, 297. Art. 4. General provisions concerning the commencement of suits, and the persons and cases excepted from the operation of the preceding Articles of this Title, 298. Art. 5. Of the presumption of payment arising from the lapse of time, 300.
Art. 6. Of the time of commencing suits in courts of equity, 301.
CHAP. V. OF SUITS RELATING TO REAL
PROPERTY: Containing eight Titles. Title 1. Of the action of ejectment, 302. Title 2. Proceedings to compel the determination of claims to real property, in certain cases, 312.
Title 3. Of the partition of lands owned by several persons, 315.
Title 4. Of the writ of nuisance, 332.
Title 5. Of waste, 333.
Title 6. Of trespass on lands, 338,
Title 7. General provisions concerning actions
relating to real property, 339.
Title 8. Proceedings to discover the death of persons upon whose lives any particular estate may depend, 343.
CHAP. VI. OF PROCEEDINGS IN PERSONAL
ACTIONS, BROUGHT FOR THE RECOVERY OF
ANY DEBT, OR FOR DAMAGES ONLY: Containing six Titles.
Title 1. Of the commencement of suits, and the proceeding therein, until the forming of an issue of fact, 347.
Title 2. Of pleadings and set-offs, 351.
Title 3. Of the assessment of damages upon
Title 4. Of judgments: Containing two Arti-
default, 356.
Art. 1. General provisions concerning judgments, 358.
Art. 2. Of docketing judgments, their priority, and the mode of cancelling and discharging them, 360.
| Title 5. Of executions, and the duties of officers thereon: Containing four Articles. Art. 1. General provisions, 363. Art. 2. Of executions against property, 365. Art. 3. Of remedies for failure of title to real estate sold by execution, and to enforce contribution between several owners of lands subject to the same judgment, 375. Art. 4. Executions against the person, 376. Title 6. Provisions concerning certain proceedings in the progress of an action at law: Containing four Articles.
Art. 1. Of proceedings against joint debtors, 377.
Art. 2. Of proceedings on bonds for the performance of covenants, 378.
Art. 3. Of bail, and proceedings to charge and exonerate them, 379.
Art. 4. Of consolidating and referring causes, 383.
CHAP. VII. MISCELLANEOUS PROVISIONS OF A GENERAL NATURE, APPLICABLE TO PROCEEDINGS IN CIVIL CAUSES: Containing six Titles.
Title 1. Of the abatement of suits by death, marriage, or otherwise, and of their revival, 386.
Title 2. Of the removal of causes before trial or judgment, from inferior courts, 388. Title 3. Of evidence: Containing nine Articles. Art. 1. Of taking, conditionally, the testimony of witnesses within this state, 391. Art. 2. Of taking the testimony of witnesses out of this state, 393.
Art. 3. Of affidavits taken, and other judicial proceedings had, in other states and foreign countries, 396.
Art. 4. Of depositions taken in this state, to be used in courts of other states and countries, 397.
Art. 5. Of proceedings to perpetuate testimony, 398.
Art. 6. Of witnesses, their privileges, and compelling their attendance, 400.
Art. 7. Of documentary evidence, and the preservation thereof, 403.
Art. 8. Of the examination of witnesses, of
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certain rules of evidence, and of evidence
in certain cases, 405.
Art. 9. Of the administration of oaths and
affirmations, 407.
Title 4. Of the trial of issues of fact: Con-
taining four Articles.
Art. 1. General provisions concerning trials,
and the proceedings preparatory thereto,
408.
Art. 2. Of the return and summoning of ju-
rors, 410.
Art. 3. Of special juries, 418.
Art. 4. Of trial and its incidents, 419.
Title 5. Of amending pleadings and proceed-
ings, 424.
Title 6. Of the powers and duties of sheriffs,
coroners and other officers, in the arrest and
imprisonment of persons in civil actions; in
the return and execution of process; and in
certain other cases: Containing nine Arti-
cles.
Art. 1. Of the arrest of persons on civil pro-
cess, 426.
Art. 2. Of the imprisonment of persons ar-
rested on civil process, 427.
Art. 3. Of the liberties of jails, and admitting
prisoners thereto, 431,
Art. 4. Of escapes, and the liabilities of she-
riffs therefor, 437.
Art. 5. Proceedings on the election or ap-
pointment of a new sheriff, 438.
Art. 6. Of the duties of sheriffs, in the execu-
tion and return of process, 439.
Art. 7. Proceedings in case of resistance to
the execution of process, 441.
Art. 8. Provisions concerning the duties of
coroners in executing civil process, in ca-
ses where sheriffs are parties, 441.
Art. 9. Provisions concerning persons com-
mitted under the authority of courts of the
United States to jails within this state, 443.
CHAP. VIII. OF PROCEEDINGS IN SPECIAL
CASES: Containing seventeen Titles.
Art. 2. Of proceedings against corporations,
in equity, 461.
Art. 3. Of the voluntary dissolution of cor-
porations, 466.
Art. 4. Of proceedings by and against public
bodies having certain corporate powers,
and by and against the officers represent-
ing them, 473.
Title 5. Of suits against sheriffs, surrogates
and other officers, on their official bonds, 476.
Title 6. Of actions for penalties and forfeit-
ures; and provisions for the collection and
remission of forfeited recognizances and
fines imposed by courts: Containing two
Articles.
Art. 1. Of actions for penalties and forfeit-
ures, 480.
Art. 2. Provisions respecting the collection
and remission of fines imposed by courts,
and of forfeited recognizances, 483.
Title 7. Of proceedings for the admeasure-
ment of dower, 488.
Title 8. Of proceedings for the collection of
demands against ships and vessels, 492.
Title 9. Of proceedings for the recovery of
rent, and of demised premises: Containing
two Articles.
Art. 1. Of distress for rent, 500.
Art. 2. Of the recovery of possession of de-
mised premises, for non-payment of rent,
by ejectment, 505.
Title 10. Summary proceedings to recover
the possession of land in certain cases: Con-
taining two Articles.
Art. 1. Of forcible entries and detainers, 507.
Art. 2. Summary proceedings to recover the
possession of land in other cases, 511.
Title 11. Of distraining cattle and other chat-
tels doing damage, and of distraining in oth-
er cases, 517.
Title 12. Of the action of replevin, 521.
Title 13. Of proceedings as for contempts, to
enforce civil remedies, and to protect the
rights of parties in civil actions, 534.
Title 1. Of the bringing and maintaining of Title 14. Of arbitrations, 540.
suits by poor persons, 444.
Title 2. Proceedings by and against infants,
Title 3. Of suits by and against executors
and administrators; and against heirs, devi-
sees and legatees: Containing two Articles.
Art. 1. Of suits by and against executors and
administrators, 447.
Art. 2. Of suits by and against legatees; and
against next of kin, heirs and devisees; and
between heirs and devisees, 450.
Title 4. Of proceedings by and against corpo-
rations, and public bodies having certain
corporate powers, and by and against offi-
cers representing them: Containing four
Articles.
Art. 1. Of proceedings by and against corpo-
rations, in courts of law, 457.
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