New York Field Codes 1850-1865The Lawbook Exchange, Ltd., 1998 - 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
Results 1-5 of 89
Page lxvii
... Copy affidavii and notice of appeal to be 1195. Security to stay execution , - 505 505 506 1196. To be approved by ... Copies of papers not required on hearing , 507 507 508 · 508 - 508 509 509 SECTION 1207. Judgment how given , 509 1208 ...
... Copy affidavii and notice of appeal to be 1195. Security to stay execution , - 505 505 506 1196. To be approved by ... Copies of papers not required on hearing , 507 507 508 · 508 - 508 509 509 SECTION 1207. Judgment how given , 509 1208 ...
Page lxxxi
... Copy order how served , 635 1508. Application how served , 635 1509. Order of dissolution , when made , 636 1510. Transfers in violation of injunction , void , 636 1511. Receivers , how to proceed , 636 1512. Payment of debts , 637 1513 ...
... Copy order how served , 635 1508. Application how served , 635 1509. Order of dissolution , when made , 636 1510. Transfers in violation of injunction , void , 636 1511. Receivers , how to proceed , 636 1512. Payment of debts , 637 1513 ...
Page xc
... copy public writings , 730 1716. Public officers bound to give copies , 1717. Four kinds of public writings , 1718. Laws , written or unwritten , 1719. Written laws defined , 730 730 · 730 730 1720 . Constitution and statutes , 730 1721 ...
... copy public writings , 730 1716. Public officers bound to give copies , 1717. Four kinds of public writings , 1718. Laws , written or unwritten , 1719. Written laws defined , 730 730 · 730 730 1720 . Constitution and statutes , 730 1721 ...
Page 115
... copy thereof filed with the county clerk , at least thirty days before the term for which the jury is ordered . If made by the board of supervisors , a copy thereof , certified by the clerk of the board , must be filed with the county ...
... copy thereof filed with the county clerk , at least thirty days before the term for which the jury is ordered . If made by the board of supervisors , a copy thereof , certified by the clerk of the board , must be filed with the county ...
Page 119
... copy of the panel thereof . § 275. The county clerk must preserve the ballots drawn , as provided in section 268 , until after the ad- journment of the court , and must then , if he be also the clerk of that court , or if not , upon ...
... copy of the panel thereof . § 275. The county clerk must preserve the ballots drawn , as provided in section 268 , until after the ad- journment of the court , and must then , if he be also the clerk of that court , or if not , upon ...
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 |
63 | |
73 | |
74 | |
80 | |
81 | |
85 | |
89 | |
91 | |
97 | |
100 | |
105 | |
108 | |
119 | |
121 | |
132 | |
133 | |
140 | |
141 | |
152 | |
157 | |
163 | |
164 | |
166 | |
172 | |
181 | |
187 | |
192 | |
194 | |
199 | |
201 | |
204 | |
209 | |
210 | |
215 | |
221 | |
222 | |
224 | |
225 | |
227 | |
236 | |
237 | |
242 | |
254 | |
260 | |
262 | |
266 | |
272 | |
273 | |
276 | |
278 | |
279 | |
283 | |
298 | |
302 | |
305 | |
311 | |
317 | |
324 | |
330 | |
334 | |
340 | |
347 | |
350 | |
351 | |
352 | |
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
affidavit Amended Code amount answer appear application appointed arrest attorney bail cause of action certified CHAPTER charge city and county city court city of New-York civil action commenced Commissioners committed complaint copy corporation costs county clerk county judge county of New-York court of oyer court of sessions creditor criminal custody David Dudley Field debt debtor deemed defendant delivered deposition discharged duties entitled evidence examination execution fact filed grand jury held impeachment imprisonment indictment issued jail judgment judgment debtor jurisdiction jurors justice last section lien magistrate manner ment mortgage notice oath oyer and terminer person plaintiff pleading prescribed prisoner proceed prosecuted provided in section public offence punishable real property referees respect served sheriff special proceeding specified statutes summons supreme court sureties surrogate taken term therein thereof thereto thereupon tion trial jury undertaking verdict warrant witness writ
Popular passages
Page 386 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 266 - The answer of the defendant must contain: 1 . A denial of each allegation of the complaint controverted by the defendant, or of any knowledge or information thereof, sufficient to form a belief : 2. A statement of any new matter, constituting a defence or counterclaim, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
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 328 - ... they may require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of, or after notice to, the parties or counsel.
Page 114 - ... use : and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides.
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.
Page 330 - In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Page 6 - An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.