TITLE X. OF THE COSTS OF CIVIL ACTIONS,.... Section 303. Fee bill abolished. Allowances given, termed costs,.. 306. When allowed to either party in the discretion of the court, .. 307. Amount of costs allowed,. 308. Allowance, in addition, of a percentage on the recovery 309. Percentage, how computed,.. 310. Interest on verdict or report, when allowed,. 311. Costs, how to be inserted in judgment,. 312. Clerk's fees,.... 313. Referee's fees, ... 314. Costs on postponement of trial, 315. Costs on a motion, 316. Costs against infant plaintiff, 317. Costs in an action by or against an executor or adminis- Page. 87 87 .-88 318. Costs on review of a decision of an inferior court, in a brought, 319, 320. Costs in actions by the people, 322. Costs on a settlement, 321. Costs against assignee of cause of action after action TITLE XI. OF APPEALS IN CIVIL ACTIONS,. CHAPTER I. Appeals in general, II. Appeals to the court of appeals, III. Appeals to the supreme court from an inferior court, APPEALS IN GENERAL, CHAPTER I. Section 323. Writs of error abolished, and appeals substituted, 324. Orders made out of court, how vacated or modified, 325. Who may appeal,... 326. Parties how designated on appeal, 327. Appeal how made,. 328. Clerk to transmit papers to appellate court, 329. Intermediate orders affecting the judgment, may be re viewed on the appeal,. ... 330. Judgment on appeal, ... 93 94 94 94 94 94 94 94 94 Page. Section 331. Certain appeals to be within two years, 332. Other appeals within thirty days,.. 95 95 CHAPTER II. APPEALS TO THE COURT OF APPEALS, 95 95 Section 333. In what cases,. 334. On any appeal security must be given to pay costs and 335. On judgment for money, security to stay execution,.. 337. If to execute conveyance, it must be executed and de- 338. Security where judgment is to deliver property, for a sale of mortgaged premises, 339. Stay of proceedings upon security given,. 96 96 96 96 340. Undertakings may be in one instrument, or several, . 97 341. Security to be approved and to justify,. 342. Perishable property may be sold, notwithstanding appeal, 98 343. Undertaking must be filed,.. CHAPTER III. APPEAL TO THE SUPREME COURT FROM AN INFERIOR COURT, Section 344. In what cases, .... 345. Security must be given as upon appeal to the court of 346. Appeal, where heard,.... 347. Judgment on appeal, where entered and docketed, CHAPTER IV. APPEALS IN THE SUPREME COURT, AND THE SUPERIOR COURT AND SINGLE JUDGE, TO THE GENERAL TERM,.. Section 348. Appeals from circuits and special terms to same court in general term. Security on appeal,. 349. Orders by a single judge, may be appealed from in cer tain cases,. 350. Orders at chambers to be entered before appeal, CHAPTER V. APPEAL TO THE COURT OF COMMON PLEAS FOR THE CITY AND COUNTY 354. Copy affidavit and notice of appeal to be served,. 358. In case of death of justice, undertaking to be filed,.... 103 359. Counter affidavits allowed, and when and how served,.. 103 Section 360. Return when and how made, and compelled, 361. How made if justice be out of office,.. 362. Further return may be ordered,.. Page. 103 104 ... 104 363. If justice be dead, insane or absent from State, witnesses .... .... 104 364. Hearing, upon return. Dismissing appeal, if not brought OF THE MISCELLANEOUS PROCEEDINGS IN CIVIL ACTIONS, AND GENERAL PROVISIONS, CHAPTER I. Submitting a controversy, without action,. IL Proceedings against joint debtors, heirs, legatees, devisees, 104 104 104 106 106 106 106 106 107 .. 107 .. 108 III. Confession of judgment without action, SUBMITTING A CONTROVERSY WITHOUT ACTION, Section 372. Controversy how submitted without action, ... ..... 373. Judgment on, as in other cases, but without costs, 107 107 107 108 action, CHAPTER II. PROCEEDINGS AGAINST JOINT DEBTORS, HEIRS, DEVISEES, LEGATEES AND 108 108 376. If judgment debtor die, his representatives may be sum moned, 108 Section 377. Form of summons,. 378. To be accompanied by affidavit of amount due, Page. 108 108 108 .... 380. Subsequent pleadings and proceedings same as in an 109 109 381. Answer and reply to be verified as in an action, CHAPTER III. CONFESSION OF JUDGMENT, WITHOUT ACTION, Section 382. Judgment may be confessed for debt due or contingent liability, 383. Statement in writing, and form thereof, CHAPTER IV. ... OFFERS OF THE DEFENDANT TO COMPROMISE THE WHOLE OR A PART OF 109 109 109 109 110 Section 385. Defendant may serve offer to compromise and the pro ceedings thereon,.... 110 386. Defendant may offer to liquidate damages conditionally, 110 387. Effect of acceptance or refusal of offer,... 110 CHAPTER V. ADMISSION OR INSPECTION OF WRITINGS, Section 388. A party may be required to admit a paper to be genuine, or pay expense of proving it. Inspection and copy of books, papers and documents, how obtained, EXAMINATION OF PARTIES, CHAPTER VI. Section 389. Actions for discovery, abolished, 390. A party may examine his adversary as a witness, on the 111 111 111 .111 ... 112 112 112 112 112 391. Such examination also allowed before trial. Proceedings trial,... 395. Testimony by a party not responsive to the inquiries, examined, ... 397. Examinations of co-plaintiff or co-defendant,. 113 113 CHAPTER VII. EXAMINATION OF WITNESSES,... 113 Section 398. No witness to be excluded by reason of interest, 399. To whom last section inapplicable, 401. Definition of a motion. Motions how and where made, 114 Section 402. When notice is necessary, it must be eight days before Page. .... 115 hearing, .. 115 .. 115 115 404. In absence of judge at chambers, motion may be trans- 405. Enlarging time for proceedings in an action, NOTICES, AND FILING AND SERVICE OF PAPERS, . . ... 116 116 116 116 Section 408.) Notices and other papers, how served on party or at ... 116 116 117 ... 117 412. Double time when served by mail,. 413. Eight days' notice of motion, &c., before court or judge when personally served,.... 117 ... 117 414. Where papers need not be served on defendant, service,.. 417. Service, where party appears by attorney, 418. This chapter not to apply to summons or process, or to CHAPTER XII. DUTIES OF SHERIFFS AND CORONERS,.. 117 117 .. 117 Section 419. Duty of sheriff and coroner in serving or executing process, and how enforced, CHAPTER XIII. ACCOUNTABILITY OF GUARDIANS,... 117 117 .. 118 Section 420. Guardian not to receive property until security given,.. 118 CHAPTER XIV. POWERS OF REFEREES,. ... 118 118 Section 421. Referees authorized to administer oaths and to exercise powers now vested in referees by law,. MISCELLANEOUS PROVISIONS, CHAPTER XV. Section 422. Papers lost or withheld, how supplied, 423. Where undertakings to be filed, 424. Judgment on bond and warrant of attorney, executed 118 118 118 118 |