Of the several Chapters included in this Volume.
The SECOND PART of the Revised Sta-
tutes is entitled "An Act concerning the Ac-
quisition, the Enjoyment and the Transmis-
sion of Property, real and personal, the Domes-
tic Relations, aud other Matters connected
with Private Rights;" and consists of EIGHT
CHAPTERS.*
CHAP. V. OF TITLE TO PROPERTY, REAL
AND PERSONAL, TRANSMITTED OR ACQUIR-
ED BY SPECIAL PROVISIONS OF LAW: Con-
taining two Titles.
Title 1. Of the assignment of the estates of
non-resident, absconding, insolvent or im-
prisoned debtors: Containing eight Articles.
Art. 1. Of attachments against absconding,
concealed and non-resident debtors, p. 1.
Art. 2. Of attachments against debtors con-
fined for crimes, 14.
Art. 3. Of voluntary assignments, made pur-
suant to the application of an insolvent and
his creditors, 15.
Art. 4. Of proceedings by creditors, to com-
pel assignments by debtors imprisoned on
execution in civil causes, 24.
Art. 5. Of voluntary assignments by an in-
solvent, for the purpose of exonerating his
person from imprisonment, 28.
Art. 6. Of voluntary assignments by a debtor
imprisoned on execution in civil causes, 31.
Art. 7. General provisions applicable to pro-
ceedings under the several preceding Arti-
cles, or some of them, 34.
Art. S. Of the powers, duties and obligations
of trustees and assignees under this Title,
39.
Art. 3. General provisions applicable to wills
of real and personal property, 63.
Title 2. Of granting letters testamentary and of administration: containing three Articles.
Art. 1. Of granting letters testamentary, 68.
Art. 2. Of granting letters of administration
with the will annexed, and in cases of in-
testacy, 73.
Art. 3. General provisions relating to letters
testamentary and of administration; mis-
cellaneous provisions respecting the duties
of surrogates, and the recording of wills and
letters, 78.
Title 3. Of the duties of executors and admi-
nistrators, in taking and returning invento-
ries, in the payment of debts and legacies,
in accounting and making distribution to
next of kin: Containing three Articles.
Art. 1. Of their duties in taking and return-
ing inventories, 81.
* The first, second, third and fourth Chapters of Part II. are included in Vol. 1.
Art. 2. Of the duties of executors and admi-
nistrators, in the payment of debts and le-
gacies, 86.
Art. 3. Of the duties of executors and admi-
nistrators, in rendering an account, and in
making distribution to the next of kin, 91.
Title 4. Of the powers and duties of executors
and administrators, in relation to the sale
and disposition of the real estate of their
testator or intestate, 99.
Title 5. Of the rights and liabilities of execu-
tors and administrators, 113.
Title 6. Of public administrators: Containing
two Articles.
Art. 1. Of the public administrator in the
city of New-York, 117.
Art. 2. Of public administrators in the seve-
ral counties of this state, other than the
county of New-York, 128.
CHAP. VII. OF FRAUDULENT CONVEYANCES
AND CONTRACTS RELATIVE TO REAL AND
PERSONAL PROPERTY: Containing three Ti- tles.
Title 1. Of fraudulent conveyances and con-
tracts relative to lands, 133.
Title 2. Of fraudulent conveyances and con-
tracts relative to goods, chattels and things
in action, 135.
Title 3. General provisions, 136.
CHAP. VIII. OF THE DOMESTIC RELATIONS:
Art. 1. Of the constitution of the court and
its officers, 164.
Art. 2. Of impeachments, and the mode of
conducting them, 165.
Art. 3. Of its powers as a court for the cor-
rection of errors, 166.
Title 2. Of the court of chancery: Containing
seven Articles.
Art. 1. Of the constitution of the court; and
of its officers, and their duties, 167.
Art. 2. Of the general powers, duties and ju-
risdiction of the court, 173.
Art. 3. Of the terms of the court, and the
mode of proceeding therein, 175.
Art. 4. Of proceedings against absent, con-
cealed and non-resident defendants, 185.
Art. 5. Of the granting of injunctions to stay
proceedings at law, 188.
Art. 6. Of the powers and proceedings of the
court, upon bills for the foreclosure or sa-
tisfaction of mortgages, 191.
Art. 7. Of proceedings in relation to the con- veyance of lands by infants, and the sale and
disposition of their estates, 193.
Title 3. Of the supreme court, 196.
Title 4. Of the circuit courts, sittings and
courts of oyer and terminer, 200.
Title 5. Of the courts of common pleas and
general sessions of the peace, in the several
counties of this state, 207.
Title 6. Of mayors' courts in cities, 217.`
Title 1. Of husband and wife: Containing five CHAP. II. OF COURTS OF PECULIAR AND Articles.
Art. 2. Of the commencement of suits, and
the service and return of process, 227.
Art. 3. Of the appearance of parties, 232.
Art. 4. Of pleadings and of set-offs, 233.
Art. 5. Of adjournments, 238.
Art, 6. Of compelling the attendance of wit-
nesses, 240.
Art. 7. Of the trial of issues of fact, and the
incidents thereto, 242.
Art. 8. Of judgments, and filing transcripts thereof, 245.
Art. 9. Of executions, of sales thereon; and
Art. 13. General provisions concerning jus- tices courts, and proceedings therein, 266. CHAP. III. GENERAL PROVISIONS CONCERN-
ING COURTS OF JUSTICE, AND THE POWERS AND DUTIES OF CERTAIN JUDICIAL OFFI-
CERS: Containing two Titles.
Title 1. General provisions concerning the courts of justice specified in the two pre- ceding Chapters, 274.
Title 2. General provisions concerning courts
of record, and the powers and duties of cer-
tain judicial officers: Containing four Arti-
cles.
Art. 1. Provisions concerning courts of re-
cord, their process and proceedings, 276.
Art. 2. Of the powers and duties of certain judicial officers, 279.
Art. 3. Of the officers of courts of record,
their duties, privileges and liabilities, 286.
Art. 4. Miscellaneous provisions concerning courts of record, 290.
CHAP. IV. OF ACTIONS, AND THE TIMES OF
COMMENCING THEM: Containing two Ti-
Title 1. Of actions, and their general divi- sions, 291.
Title 2. Of the time of commencing actions:
Containing six Articles.
Art. 1. Of the time of commencing actions
relating to real property, 292.
Art. 2. Of the time of commencing actions
for the recovery of any debt or demand, or
for damages only, 295.
Art. 3. Of the time of commencing actions
for penalties and forfeitures, 297.
Art. 4. General provisions concerning the commencement of suits, and the persons and cases excepted from the operation of the preceding Articles of this Title, 298. Art. 5. Of the presumption of payment aris- ing from the lapse of time, 300.
Art. 6. Of the time of commencing suits in courts of equity, 301.
CHAP. V. OF SUITS RELATING TO real
PROPERTY: Containing eight Titles.
Title 1. Of the action of ejectment, 302.
Title 2. Proceedings to compel the determina-
tion of claims to real property, in certain
cases, 312.
Title 3. Of the partition of lands owned by
several persons, 315.
Title 4. Of the writ of nuisance, 332.
Title 5. Of waste, 333.
Title 6. Of trespass on lands, 338.
Title 7. General provisions concerning actions
relating to real property, 339.
Title S. Proceedings to discover the death of
persons upon whose lives any particular es-
tate may depend, 343.
CHAP. VI. OF PROCEEDINGS IN PERSONAL
ACTIONS, BROUGHT FOR THE RECOVERY OF
Art. 1. General provisions concerning judg-
ments, 358.
Art. 2. Of docketing judgments, their priori-
ty, and the mode of cancelling and dischar- ging them, 360.
Title 5. Of executions, and the duties of offi- cers thereon: Containing four Articles.
Art. 1. General provisions, 363.
Art. 2. Of executions against property, 365.
Art. 3. Of remedies for failure of title to real estate sold by execution, and to enforce
contribution between several owners of
lands subject to the same judgment, 375.
Art. 4. Executions against the person, 376.
Title 6. Provisions concerning certain pro- ceedings in the progress of an action at law: Containing four Articles.
Art. 1. Of proceedings against joint debtors,
377.
Art. 2. Of proceedings on bonds for the per-
formance of covenants, 378.
Art. 3. Of bail, and proceedings to charge
and exonerate them, 379.
Art. 4. Of consolidating and referring causes,
383.
CHAP. VII. MISCELLANEOUS PROVISIONS
OF A GENERAL NATURE, APPLICABLE TO
PROCEEDINGS IN CIVIL CAUSES: Containing six Titles.
Title 1. Of the abatement of suits by death, marriage, or otherwise, and of their revival, 886.
Title 2. Of the removal of causes before trial
or judgment, from inferior courts, 388.
Title 3. Of evidence: Containing nine Articles.
Art. 1. Of taking, conditionally, the testimo- ny of witnesses within this state, 391.
Art. 2. Of taking the testimony of witnesses
out of this state, 393.
Art. 3. Of affidavits taken, and other judicial
proceedings had, in other states and foreign
countries, 396.
Art. 4. Of depositions taken in this state, to
be used in courts of other states and coun-
tries, 397.
Art. 5. Of proceedings to perpetuate testi-
mony, 398.
Art. 6. Of witnesses, their privileges, and compelling their attendance, 400.
Art. 7. Of documentary evidence, and the
preservation thereof, 403.
Art. 8. Of the examination of witnesses, of
Art. 2. Of the return and summoning of ju-
rors, 410.
Art. 3. Of special juries, 418.
Art. 4. Of trial and its incidents, 419.
Title 5. Of amending pleadings and proceed- ings, 424.
Title 6. Of the powers and duties of sheriffs,
coroners and other officers, in the arrest and
imprisonment of persons in civil actions; in
the return and execution of process; and in
certain other cases: Containing nine Arti-
cles.
Art. 1. Of the arrest of persons on civil pro-
cess, 426.
Art. 2. Of the imprisonment of persons ar-
rested on civil process, 427.
Art. 3. Of the liberties of jails, and admitting prisoners thereto, 431.
Art. 4. Of escapes, and the liabilities of she-
riffs therefor, 437.
Art. 5. Proceedings on the election or ap-
pointment of a new sheriff, 438.
Art. 6. Of the duties of sheriffs, in the execu- tion and return of process, 439.
Art. 7. Proceedings in case of resistance to
the execution of process, 441.
Art. 8. Provisions concerning the duties of
coroners in executing civil process, in ca-
ses where sheriffs are parties, 441.
Art. 9. Provisions concerning persons com-
mitted under the authority of courts of the
United States to jails within this state, 143.
CHAP. VIII. OF PROCEEDINGS IN SPECIAL
CASES: Containing seventeen Titles.
Art. 2. Of proceedings against corporations.
in equity, 461.
Art. 3. Of the voluntary dissolution of cor-
porations, 466.
Art. 4. Of proceedings by and against public bodies having certain corporate powers,
and by and against the officers represent-
ing them, 473.
Title 5. Of suits against sheriffs, surrogates
and other officers, on their official bonds, 476.
Title 6. Of actions for penalties and forfeit-
ures; and provisions for the collection and remission of forfeited recognizances and fines imposed by courts: Containing two Articles.
Art. 1. Of actions for penalties and forfeit-
ures, 480.
Art. 2. Provisions respecting the collection
and remission of fines imposed by courts,
and of forfeited recognizances, 483.
Title 7. Of proceedings for the admeasure-
ment of dower, 488.
Title S. Of proceedings for the collection of
demands against ships and vessels, 492.
Title 9. Of proceedings for the recovery of
rent, and of demised premises: Containing two Articles.
Art. 1. Of distress for rent, 500.
Art. 2. Of the recovery of possession of de-
mised premises, for non-payment of rent,
by ejectment, 505.
Title 10. Summary proceedings to recover the possession of land in certain cases: Con-
taining two Articles.
Art. 1. Of forcible entries and detainers, 507.
Art. 2. Summary proceedings to recover the
possession of land in other cases, 511.
Title 11. Of distraining cattle and other chat-
tels doing damage, and of distraining in oth-
er cases, 517.
Title 12. Of the action of replevin, 521.
Title 13. Of proceedings as for contempts, to enforce civil remedies, and to protect the
rights of parties in civil actions, 534.
Title 1. Of the bringing and maintaining of Title 14. Of arbitrations, 540.
suits by poor persons, 444.
Title 2. Proceedings by and against infants,
445.
Title 3. Of suits by and against executors
and administrators; and against heirs, devi-
sees and legatees: Containing two Articles.
Art. 1. Of suits by and against executors and
administrators, 447.
Art. 2. Of suits by and against legatees; and against next of kin, heirs and devisees; and between heirs and devisees, 450.
Title 4. Of proceedings by and against corpo-
rations, and public bodies having certain
corporate powers, and by and against offi-
cers representing them: Containing four
Articles.
Art. 1. Of proceedings by and against corpo-
rations, in courts of law, 457.
Art. 2. Of the writs of habeas corpus and certiorari, when issued to inquire into the cause of detention, 562. Art. 3. General provisions, 573. Title 2. Of proceedings by scire facias, by information in certain cases, mandamus, prohibition, and ad quod damnum: Containing four Articles.
Art. 1. Of scire facias, 576.
Art. 2. Of informations in the nature of a quo warranto, and in certain other cases, 581. Art. 3. Of writs of mandamus and prohibition, 586.
Art. 4. Of the writ of ad quod damnum, 588. Title 3. Of writs of error, and appeals: Containing three Articles.
Art. 1. Of writs of error, 590.
Art. 2. Of writs of certiorari and of error, in special cases, 602.
Art. 3. Of appeals from the court of chance- ry, and surrogates' courts; and from cir- || cuit judges and courts of common pleas, in certain cases, 604.
CHAP. X. OF COSTS, AND THE FEES OF OF- FICERS: Containing five Titles.
Title 1. Of the cases in which costs may be recovered, and in which double costs may be allowed, 612.
Title 2. Of security for the payment of costs, 619.
Title 3. Of the fees of certain officers, 621. Title 4. General provisions concerning the fees of officers and persons, to whom any al- lowance is made for services, 650. Title 5. Of the taxation of costs, 652.
The FOURTH PART of the Revised Statutes is entitled "An Act concerning Crimes and Punishments; Proceedings in Criminal Cases, and Prison Discipline;" and consists of THREE CHAPTERS.
Title 4. Of offences affecting the administration of justice: Containing three Articles. Art. 1. Of perjury, and subornation of perjury, 681.
Art. 2. Of bribery, and of corrupting jurors and others, 682.
Art. 3. Of escapes from prisons and assisting therein, 683.
Title 5. Of offences against the public peace and public morals, and other miscellaneous offences, punishable by imprisonment in a state prison: Containing three Articles. Art. 1. Of duelling and challenges to fight, 686. Art. 2. Of unlawful marriages and of incest, 687.
Art. 3. Of offences against public decency; of malicious mischief, and of other crimes not before enumerated, 688.
Title 6. Of offences punishable by imprison- ment in a county jail, and by fines, 689. Title 7. General provisions concerning crimes and their punishment, 697.
CHAP. II. OF PROCEEDINGS IN CRIMINAL CASES: Containing eight Titles. Title 1. Of proceedings to prevent the com- mission of crimes, 703.
Title 2. Of the arrest and examination of of- fenders, their commitment for trial, and let- ting them to bail, 706.
Title 3. Of trials for offences, before courts of special sessions of the peace: Containing four Articles.
Art. 1. Of trials before courts of special ses
sions, held in any county of this state, except the city and county of New-York, 711. Art. 2. Of trials before courts of special sessions in the city and county of New-York, 714.
Art. 3. General provisions concerning courts of special sessions, 715.
Art. 4. Of writs of certiorari to courts of special sessions, 717.
CHAP. I. OF CRIMES, AND THEIR PUNISH-Title 4. Of indictments, and proceedings be
MENT: Containing seven Titles.
Title 1. Of crimes punishable with death, 656. Title 2. Of offences against the person, pun- ishable by imprisonment in a state prison: Containing two Articles.
Art. 1. Of manslaughter, 660
Art. 2. Of rape, maiming, kidnapping and other offences against the person not herein before enumerated, 663.
Title 3. Of offences against property, punisha- ble by imprisonment in a state prison: Con- taining five Articles
Art. 1. Of arson, 666. Art. 2. Of burglary, 668. Art. 3. Of forgery, 669
Art. 4. Of false personating another, and of cheats, 676.
fore trial: Containing three Articles. Art. 1. Of the return and summoning of grand
juries, their powers and duties,,720.
Art. 2. Of indictments and proceedings thereon, 725
Art. 3. Of the removal of indictments, before trial or judgment, 731.
Title 5. Of trials for offences; bills of exception and other proceedings incident to trial, 733
Title 6. Of judgments, the mode of enforcing them, and of writs of error thereon: Con- taining two Articles.
Art. 1. Of judgments; the evidence thereof, and the mode of enforcing them, 737. Art. 2. Of writs of error on judgments; and certioraris in criminal cases, 739.
Art. 5. Of robbery, embezzlement and larce-Title 7. Special proceedings in criminal cases, ny, 677.
and miscellaneous provisions respecting cri
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