New York Field Codes 1850-1865

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The Lawbook Exchange, Ltd., 1998 - History - 887 pages
NEW YORK FIELD CODES SERIES Volume I. The Code of Civil Procedure of the State of New-York (1850) Volume II. The Code of Criminal Procedure of the State of New York (1850) Volume III. The Civil Code of the State of New York (1865) Volume IV. The Penal Code of the State of New York (1865) Volume V. The Political Code of the State of New York (1860) ABOUT THE SERIES In 1847 the New York state legislature established two committees, one to "reduce into a written and systematic code the whole body of the law of this state," another to "revise, reform, simplify and abridge the rules and practice, pleadings, forms, and proceedings of the courts of record of this State." Both included David Dudley Field, a leading proponent of codification. These committees produced codes of civil and criminal procedure in 1850, a political code in 1860 and civil and penal codes in 1865. All of these were written for the most part by Field. Popularly known as the Field Codes, they were very influential, both in the United States and internationally. The magnitude of the results of his labors can scarcely be overestimated. It might not be universally conceded that he was the greatest of contemporary advocates or even jurists; but that he exerted a greater influence in modifying and simplifying the judicial systems of the United States and England than any other man of his time, will hardly be denied. The world over, wherever the prevailing jurisprudence has had its origin in the English common law, the form and manner of conducting litigations and transacting the business of the courts are due to the influence of David Dudley Field. David Dudley Field [1805-1894] was the leading American proponent of codification during the nineteenth century. Born in Haddam, Connecticut, he was the son of the Rev. David Dudley Field, a distinguished clergyman and author, and the brother of Cyrus Field, the financier who laid the first telegraph cable across the Atlantic Ocean, Stephen Field, chief justice of the California Supreme Court and associate justice of the U.S. Supreme Court, and Henry Field, a notable clergyman and popular travel author. A graduate of Williams College, he settled in New York City, where he studied law, was admitted to the bar and rapidly won a high position in his profession. Originally a Free-Soil Democrat, he played an important role in the establishment of the Republican Party in New York and supported the Lincoln administration throughout the Civil War. He returned to the Democratic Party in 1876 and served in the U.S. House of Representatives from January to March 1877, filling the unexpired term of Smith Ely, who had been elected mayor of New York City.

From inside the book

Contents

tion
704
Contents of writing how proved
705
Construction of language relates to place where used
706
Of the kinds and degrees of evidence
713
ted States 544
718
Construction of statutes and instruments general rule 706
723
ARTICLE I
728
The jurisdiction necessary in a judgment
729

Other indictments may be sent to oyer
63
The justices courts of the cities of Albany Hudson and Troy
73
Justices courts continued Their names
74
Number of judges necessary to pronounce judg
80
CHAPTER XIII
81
Judicial days
85
Courts not to be open on certain days except
89
201
91
Judicial officers in general
97
Powers of county judge in cases of supreme
100
Means to be used by court or judicial officer
105
Definition of a trial jury
108
Clerk or sheriff to furnish copy panel without
119
Manner of returning the trial jury list except
121
Drawing and summoning the trial jury for
132
Drawing and summoning the trial jury in special proceed
133
CHAPTER III
140
How appointed their tenure of office powers
141
District attorneys
152
ARTICLE I
157
ARTICLE IV
163
Removal of papers from one clerks office of
164
He is the chief executive officer and conserva
166
County jails the keeping of prisoners therein
172
Jail liberties and the admission of prisoners thereto
181
cess to a new sheriff
187
Coroners
192
Duties of coroners when the sheriff is a party
194
CHAPTER VIII
199
CHAPTER I
201
Duties of attorneys and counsellors
204
14
209
ARTICLE IV
210
By whom proceedings may be instituted
215
CHAPTER III
221
Guardians
222
CHAPTER V
224
15
225
Occupation under written instrument or judg
227
98
236
General provisions
237
Plaintiff may sue in one action the different
242
TITLE V
254
For what courts grand jury must be drawn
260
CHAPTER I
262
Counterclaim precludes another action for
266
CHAPTER VI
272
18
273
New writ in certain cases requiring produc tion of person 558
276
Party not appearing cannot recover costs
278
Mistakes in pleading and amendments
279
Sheriff when liable as bail and his discharge
283
Security upon injunction to suspend business of corporation
298
CHAPTER IV
302
20
305
Receivers
311
Issues and the mode of trial
317
Conduct of the trial
324
ARTICLE III
330
Provisions relating to trials in general
334
Judgment a lien from the time of docketing in the county only
340
CHAPTER I
347
when
350
27
351
Persons arrested on execution to be imprisoned
352
When property is claimed by a third person sheriff may summon jury to try the claim
353
CHAPTER II
362
TITLE X
368
TITLE XI
378
CHAPTER II
384
Actions for nuisance waste trespass on indian lands and wil
386
Referees may deliver securities to parties
390
Who may not purchase
391
CHAPTER V
409
The superior court of the city of NewYork
415
legatees heirs and devisees
416
survive
417
Representatives regarded as one person
418
CHAPTER VII
428
Actions against same official persons
432
Papers directed to prisoner by whom
437
Actions in justices courts
445
Pleadings and trial
459
Judgment and execution
471
justice
472
Party may remit excess over jurisdiction
473
Offer of defendant to allow a certain recove ry and its effects
474
Execution allowed within five years
475
Execution against joint debtors
476
When a constable may omit to arrest
477
When and how discharged
478
Execution by county clerk on judgment dock eted
479
When coroner in NewYork unable to act cer
480
Justices docket contents
481
Entries when to be evidence
482
Index to docket required
493
Appeal in what cases
501
Appeal to the court of common pleas of the city
504
provisions
512
Admission or inspection of writings
516
Real property of deceased not affected by judgment against executors and cannot be sold thereon 419
519
General provisions
523
act
527
Counsel to speak only an hour without leave
528
All existing rights of action prosecuted as prescribed in this code
529
PART III
531
Of state writs
532
Its extent
535
CHAPTER III
537
CHAPTER IV
541
Obedience how enforced
545
On commitment for criminal offence how
557
of the party
561
For refusing a copy of order forfeiture of 200
562
Writ how served
563
Charges of bringing up prisoner may be or dered to be paid
564
CHAPTER VI
565
Of summary prodeedings
567
Right of possession not affected by descent cast
570
Judgment answered
575
When part only is due and there is a surplus
578
Summary proceedings for obtaining possession of real proper
592
Of the enforcement of liens
600
Father may sue for death of child
606
39
609
Distress defined
610
four hours
611
Disposition of beasts when impounded
612
Other property and if there be no pound beasts when distrained to be kept by the distrainer
613
Notice to be served on the owner if known
614
Security may be required before surplus or dered paid to the claimant
615
Of the punishment of contempts
617
Of assessments
624
CHAPTER II
630
Of the voluntary dissolution of corporations
633
138
641
Of arbitrations
647
Proceedings in cases of insanity and habitual
656
CHAPTER III
664
Proceedings of insolvent to discharge himself from his debts
670
Of miscellaneous proceedings and general provisions 681
681
The collection and remission of fines and forfeitures
687
Several degrees of evidence specified
692
Of the general principles of evidence
702
Material objects presented to the senses other than writings
745
CHAPTER VI
754
Means of production
758
CHAPTER III
764
Evidence of publication what
766
Leading question defined
773
TITLE V
779
Whoever pays entitled to receipt
781
The surrogates courts
ix
CHAPTER XI
xi
51
xiii
CHAPTER XIV
xiv
115
xvi
mence actions
xxi
Until judgment given party how kept
xxxii
655
xxxvi
The police courts
xli
888
xlv
Answer to be in writing when title to lands 1
1
Definition of an obligation
11
The county courts
22
Courts of special sessions abolished and police
33
Jurisdiction of this court original and appellate
40
The court of common pleas of the city of
70
Place of holding the court
82
Jurors in general 108
108
SECTION 109
109
These courts continued and name changed
140
His election or appointment 142
142
The time of commencing actions in general 226
226
The courts of oyer and terminer
241
Summons how served and returned 257
257
Orders for drawing in such case how made
262
The county courts
286
Manner of executing against property 354
354
Penalty for selling without notice 355
355
Certificate of sale of real property 356
356
Redemption may be by payment to purchaser 357
357
is forbidden 410
410
Injunction to restrain corporation 411
411
Effect of inventory as evidence 419
419
Guard of jail how to be organized
438
Summons arrest and attachment 445
445
Order to arrest in what cases allowed 451
451
come in question 463
463
When title to land arises causes to be dis missed 464
464
In what cases adjournment allowed 465
465
Length of adjournment and proof required 467
467
Proceedings when jury is demanded 468
468
Six jurors to be drawn for trial 469
469
Party demanding jury must deposit fees 469 C
470
55
479
Dockets to be delivered to successor in office 483
483
When two are equally entitled supervisor to designate one 484
484
The justices courts
xii
GENERAL DEFINITIONS AND DIVISIONS 692
xxxiii
56 57
xl
7476
xlii
CIVIL CODE
c
Notice when to be given
cii
Definition of an injury to property
13
Its original jurisdiction
41
Appointment of terms thereafter by whom
81
Every justice of the peace must hold a jus
87
Definition of a grand juror 109
109
Terms how prescribed to continue till Decem
113
Court may fine jurors for not attending 133
133
Their criminal jurisdiction
143
to be sent to oyer and terminer
165
General powers of judges out of court
223
The time of commencing actions for the recovery of real
227
Power of court or judicial officer to adjourn
242
Misdescription of court not to invalidate order
263
When counterclaim may be set up 267
267
In cases of sickness production of person
278
So in case of imprisonment not bailable
299
Judgment in general 313
313
The evidence of the lien must be produced 358
358
ber 31 1850
388
Its terms Court always open for transaction
430
Under whose command to be placed
439
Expenses of sheriff or other county officer
445
When action cannot be brought by grantee
559
Parties united in interest when to be joined
610
Warrant to be returned 621
621
Indemnity to party injured also required 622
622
Definition of evidence 696
696
The intention of the legislature or parties 707
707
Next of kin who have received distribution liable for debts 420
710
CHAPTER III
iii
CHAPTER IX
ix
The marine court of the city of NewYork
xiii
116
xli
Allegations must be proved and may be con
li
XVI
liii
Out of what criminal action arises
15
jurors
39
Its appellate jurisdiction
42
The time of commencing actions other than for the recovery
61
Periods of limitation prescribed
79
On verdict for applicant committee appoint
91
The surrogates court
117
Who to be placed on jury list 124
124
When disqualified
157
Appointment its contents and disposition
171
The courts of conciliation
179
180
186
taken
191
SECTION 207
207
Powers of committee like those of guardian
220
Seisin within twenty years when necessary
229
gate
257
Drawing how conducted
265
CHAPTER XVI
371
208
400
General provisions respecting the courts of justice
xiii
CHAPTER I
i
Particular disqualification of judges
iii
CHAPTER II
iv
CHAPTER VI
vi
Definition of a civil action
16
District attorneys 152
39
Jurisdiction transferred to it of actions in
44
The court of common pleas of the city of NewYork
86
47
112
Court when held
123
to inquests 193
193
Entry in minute of drawing for city court
270
48 49
303
61
307
85
315
86
340
Who may make application 412
412
Each liable for the whole amount received 420
420
Legatees when liable for debts 421
421
Heirs and devisees liable for debts 422
422
Preference of debts 423
423
Order to attach property when allowed 455
455
disposed of 458
462
Security to be approved and to justify 500
500
Within twenty years
573
Actions for penalties c by any person
579
Exception as to persons under disabilities
585
239
594

Common terms and phrases

Popular passages

Page 249 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 239 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Page 250 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 243 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.

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