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ORDER-continued.

irregularly issued may be set aside on motion, 328 n.
erroneously granted may be appealed, 328 n.
effect of, as a lien, 328 n.

forbidding transfer of property-

when may be granted, 324, 332.

confession of judgment is not a breach of, 389 n.
for allowance of a per-centage in addition to costs—
must be made by the court, 346.

must be applied for before entry of judgment, 347 n.
when it will be made, 346 n.

when it will not be made, 347 n.

after trial by referees, 347 n.

review of, 349 n.

for security for costs-

motion for, when may be made, 339 n.

when plaintiff entitled to, 339 n, 355.

right to, how waived, 339 n.

stays plaintiff's proceedings until complied with, 339 n.

appeal from-

in existing suits, 451.

in what cases, 373.

in superior court, 492.

in New York common pleas, 497.

is a motion, 353 n.

See Intermediate order.

ORLEANS COUNTY, motions in actions pending in, 415 n.

OSWEGO, recorder's court of, statutes relating to, 43 n.

OWNERS of boats, vessels, or stages, actions against, who may be made parties
to.82 n.

OYER AND TERMINER, existing provisions of law as to terms of, repealed, 30.

jurisdiction of, 31.

in New York city, 31 n.

terms of, 32, 499.

and circuit to be held together, 33.

governor to designate time and place for holding, 33.

judges of supreme court to appoint time and place for
holding, 33.

extraordinary, 34.

may be adjourned by entry on the minutes, 34.

juries may be drawn for adjourned court, 34.

causes may be noticed for trial at adjourned court, 34.
inability of judge to preside at, 35.

OYER, of deeds, &c., practice of, supposed to be merged, 149 n.

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irregularity in service of, how waived, 421 n.
when not required, 422.

on party out of the State, 422.

where party appears by attorney, to be on the attorney, 423.

to bring party into contempt, 423.

lost or withheld-

how place of, supplied, 424.

See Admission and Inspection, Discovery of Books, &c.

PAPERS-continued.

where to be filed, 459.

transfer of, on change of place of trial, 459.
attorney to indorse his name and residence on, 459.
to be furnished the court, on motions, 467.

omitting to furnish, effect of, 467.

to be furnished on appeal to the court of appeals, 457.
to be marked by folios and printed, 468, 497.

PAROL AGREEMENT. See Agreement.

PARTICULARS. See Bill of Particulars.

PARTIES TO ACTIONS, provisions as to, applied to justices' courts, 59.

provisions as to, 81.

party in interest to sue, 81.

rule in equity as to, adopted, 81 n.

by assignees, 84.

by administrators, 85.

by executors, 85.

by trustees, 85.

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PARTIES TO ACTIONS-continued.

death of, pendente lite, 96.

marriage of, pendente lite, 95.

transfer of interest of, 90.

court may determine controversy between, 98, 99.
when they may interplead, 99.

demurrer for defect of, 99 n, 153, 154 n.
amendment as to, 189 n, 194 n, 197 n.

when others may be ordered to be brought in, 99.
examination of, 395.

PARTITION of real property-

is a regular judicial proceeding, 18 n, 19 n.

petition for, not merged, 18 n.

answer in action for, 165 n.

place of trial of actions for, 102.

costs in action for, 342 n.

allowance in addition to costs in actions for, 346, 349.

commissioners appointed to make, to determine value of land,
349.

provisions of revised statutes to apply to actions for, 434.
county court has jurisdiction to decree, 37.

copy pleadings need not be furnished to the court on, where
plaintiff's right not contested, 467.

all land held in common to be joined in one action, 481.
what to be stated in actions for, where infants are interested,
481.

reference as to title where there is no defence, 481.

directions in order of reference where a sale is necessary, 481.
referee, if requested, to report incumbrances on the whole premises,
481.

PARTNERSHIP PROPERTY, injunction to protect, 229 n, 230 n.
PARTY IN INTEREST, action to be in name of, 81.

who is a party in interest, 83 n.
PARTY OR ATTORNEY, these words do not include the clerk, 420.
PAYMENT, effect of, on time of limitation, 79.

by one joint debtor not a revival of the debt against the other, 80 n.
of judgment, does not prevent an appeal to court of appeals, 27 n.
PAUPERS. See Poor Persons.

PENAL ACTION, time of limitation in, 74, 75.

PENALTY, justices of the peace have jurisdiction of action for, not exceeding
one hundred dollars, 49.

what is not an action for a penalty, 50 n.

actions for, not affected by code, 444 n.

justices of the peace have not jurisdiction of action for, 51.

action for, within what time to be commenced, 74, 75.

action for, where to be tried, 103.

arrest in action for, 202.

PEOPLE, when they will not sue for real property, 69.

they or their grantees to sue within twenty years in certain cases, 70.
time of limitation applies to actions by, 75.

injunction at instance of, to suspend business of corporations, 237 n.
costs in actions by, 357.

actions for forfeiture of property to, 434.

may move cause out of its order on court of appeals' calendar, 458.

PER-CENTAGE, in addition to costs—

in what cases may be allowed, 346.

amount of when allowed, 346, 348 n.

cannot be allowed on judgment on appeal, 346 n.

when it has been allowed-

on an inquest taken for want of an affidavit of merits,
346 n. sed quere.

PER-CENTAGE-continued.

in referred cases, 346 n.

where trial lasted 16 days, 346 n.

when it has been refused—

on an inquest taken for want of an affidavit of metits
346 n.

on judgment on frivolous demurrer or answer, 347 n.
where two actions brought for the same cause, 347 n.
where defendant has costs after an offer to compromise,
347 n.

where defendant a surety only, 347 n.

where plaintiff recovered less than the amount of his claim,
347 n.

when difficulty of the case occasioned by plaintiff, 347, n.
in doubtful cases, 347 n.

in actions to restrain the foreclosure of a mortgage, 347 n.
when, where, and to whom the application for, should be made,
347 n.

allowance of after trial, before a referee, 347 n.

review of order for, 349 n.

how computed, 349.

PERFORMANCE of conditions precedent-

how pleaded, 179.

specific, county court may order, 37.

may be enforced by execution, 312.

PERISHABLE PROPERTY, proceedings on attachment of, 248.

PERSON of unsound mind-

may be sold notwithstanding an appeal, 369.

sale, mortgage, or other disposition of real estate of, county court
may decree, 37.

care and custody of the person and estate of, may be decreed by
county court, 37.

service of summons on, 123.

when cannot be sued except by leave of the court, 87 n, 124 n.
provisions of revised statutes as to custody of person and es
of, not affected by the code, 444.

PERSONAL CLAIM, notice that none is made—

when it may be served, 121.
what to contain, 121.

effect of defending after, 121.

is not part of the process, 121 n.
plaintiff not bound to serve, 121 n.
fee for service, of 121 n, 122 n.
certificate of service of, 122 n.

service of, on husband and wife, 121 n.
service of copy complaint after, 121.

PERSONAL PROPERTY defined, 441.

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102.

See Claim and delivery of personal property.

PETITION, motion for discovery of books, &c., to be founded on, 394 n.

what to contain, 462.

orders granted on, to refer to, 470.

order or judgment on, may be enrolled or docketed, 470.

PETITION-continued.

what motions may or must be made on, 470, 394 n.
for partition not merged, 18 n.

66

is a regular judicial proceeding, 18 n.

on appeal from surrogate, 483.

for appointment of guardian, 476.

motion for discovery of books, &c., must be founded on, 394 n.

PHYSICIANS, jurisdiction of county court as to, 37.

not to testify to certain matters, 402 n.

PLACE OF RESIDENCE.

See Residence.

PLACE OF TRIAL of actions-

to recover real property, 102.

46

ty, 102.

any estate or interest in real proper-

to determine right or interest to real property, 102.
for injuries to real property, 102.

for partition of real property, 102.

to foreclose a mortgage of real property, 102.

to recover personal property distrained for any
cause, 102.

to recover a penalty or forfeiture imposed by stat
ute, 103.

against a public officer or his deputy, 103.

in other actions, 104.

may be changed, 100.

in what cases it may be changed, 105.

effect of change of, 105.

distinction between place of trial and venue still
exists for some purposes, 106 n.

See Changing place of Trial.

PLAINTIFF, the party complaining is, 67.

who should be joined as, 92.

who may join as, in suit to enjoin nuisance, 92 n.

when execution may issue against the person of, 310, 312 n.

when he may stipulate, 465.

need not be called when jury render their verdict, 465.

in person must endorse name and residence on papers and process,
461.

when to furnish the court with copy pleadings, &c., 273.

when he must give security for costs, 338 n.

to give security before taking judgment, 257.

cannot serve summous, 122.

See Parties to Action.

PLANK ROADS, proceeding to lay out, is a special proceeding, 19 n.

PLEADINGS in courts of record-

forms of, abolished, 17, 135.

66 prescribed by code, 135.

sufficiency of, to be determined by the rules prescribed by
the code, 135.

what system of, is to be adopted--the chancery or common
law? 136 n.

general rules of—

pleadings to be subscribed, 171.

66

to be verified, except demurrers, 171.

66

how verified, 171.

how an account is to be stated be in pleadings, 174.

copy account to be furnished, 174.

further account may be ordered, 174.

bill of particulars, court may order to be furnished, 175.

pleadings to be liberally construed, 175.

irrelevant and redundant matter to be struck out, 175.

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