In the Clerk's Office of the District Court of the United States for the Southern

District of New York.

Entered according to Act of Congress, in the year 1852, by
JOHN S. VOORHIES,

In the Clerk's Office of the District Court of the United States for the Southern
District of New York.

BAKER, GODWIN & CO, PRINTERS,

1 Spruce Street, N. Y.

PREFACE

TO THE SECOND EDITION

PUBLIC

Or the quality of the matter contained in this book, we leave those who may consult it-either for the purposes of criticism or instruction-to determine for themselves. They can judge better than we. At least, the judgment each may form will probably be more satisfactory to himself than would our judgment. As to the quantity of matter, we take leave to state, that the first edition consisted of 394 pages, of which the text, that is, the code of procedure, supplementary act, and rules of court, occupied 143 pages, and the notes 251 pages. In the present edition, the text occupies 143 pages, and the notes 447 pages. As some of the notes to the first edition are not re-produced in this-being rendered unnecessary by reason of subsequent legislation, rules, or decisions-and as for like reasons some of the notes to the first edition are abridged, we are within the truth when we assert that the present edition contains 250 pages of new matter. This new matter is in the small sized type, and one page in the small sized type contains nearly double the amount of matter comprised in a page of the text.

We will add that many errors, both literal and in matters

of substance, which appeared in the first edition, are corrected in this; also, that an entirely new and very full index has been prepared for this edition.

Our thanks are due to D. B. Eaton and D. W. Beadle, Esquires, of this city, for suggestions of which we have availed ourselves; also, to the Honorable Mr. Justice Selden, for a copy of his opinion, in the case of Dows vs. Hotchkiss.

NEW YORK, Oct. 1852.

YRABELI

Of the Supreme Court, Circuit Courts, and Courts of Oyer

and Terminer,

TITLE IV.

Of the County Courts,

TITLE V.

Of the Superior Court and Court of Common Pleas, in

the City of New York, and the Mayors' and Recorders'

Courts in other cities,

TITLE VI.

Of the Courts of Justices of the Peace,

30

36

40

47

TITLE VII.

Of justices' and other inferior courts in cities,

CHAPTER 1. The marine court of the city of New York,

II. The justices' courts in the city of New York,

III. The justices' courts of cities,

IV. General provisions,

OF CIVIL ACTIONS,

PART II.

TITLE I.

65

Of the form of civil actions,

TITLE II.

Of the time of commencing civil actions,

CHAPTER I. Actions, in general,

II. Actions for the recovery of real property,

III. Actions other than for the recovery of real property,

IV. General provisions, .

TITLE III.

Of the parties to civil actions,

TITLE IV.

Of the place of trial of civil actions,