ORDER-continued. irregularly issued may be set aside on motion, 328 n. forbidding transfer of property- when may be granted, 324, 332. confession of judgment is not a breach of, 389 n. must be applied for before entry of judgment, 347 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or stages, actions against, who may be made parties OYER AND TERMINER, existing provisions of law as to terms of, repealed, 30.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 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. OYER, of deeds, &c., practice of, supposed to be merged, 149 n. irregularity in service of, how waived, 421 n. 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. omitting to furnish, effect of, 467. to be furnished on appeal to the court of appeals, 457. 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. 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. demurrer for defect of, 99 n, 153, 154 n. when others may be ordered to be brought in, 99. 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, provisions of revised statutes to apply to actions for, 434. copy pleadings need not be furnished to the court on, where all land held in common to be joined in one action, 481. reference as to title where there is no defence, 481. directions in order of reference where a sale is necessary, 481. PARTNERSHIP PROPERTY, injunction to protect, 229 n, 230 n. who is a party in interest, 83 n. by one joint debtor not a revival of the debt against the other, 80 n. PENAL ACTION, time of limitation in, 74, 75. PENALTY, justices of the peace have jurisdiction of action for, not exceeding 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. injunction at instance of, to suspend business of corporations, 237 n. 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, 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 on judgment on frivolous demurrer or answer, 347 n. where defendant a surety only, 347 n. where plaintiff recovered less than the amount of his claim, when difficulty of the case occasioned by plaintiff, 347, n. in actions to restrain the foreclosure of a mortgage, 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 care and custody of the person and estate of, may be decreed by service of summons on, 123. when cannot be sued except by leave of the court, 87 n, 124 n. PERSONAL CLAIM, notice that none is made— when it may be served, 121. effect of defending after, 121. is not part of the process, 121 n. service of, on husband and wife, 121 n. PERSONAL PROPERTY defined, 441. 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. 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 partition of real property, 102. to foreclose a mortgage of real property, 102. to recover personal property distrained for any to recover a penalty or forfeiture imposed by stat 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 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, 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 what system of, is to be adopted--the chancery or common 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. |