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Pursuant to the “Act concerning the Revised Statutes,” passed on the 10th of December, 1828, We, the undersigned, two of the Revisers of the Statutes of the state of New York, do hereby certify, that the text of the Revised Statutes contained in this volume, has been examined and compared by us with the original acts passed by the Legislature, and with the acts amending such originals; and that this volume was printed by the printers employed by us for that purpose, under the authority conferred by law,


JOHN C. SPENCER. June 5, 1829.

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The SECOND PART of the Revised Sta- || Title 2. Of the custody and disposition of the
tutes is entitled “ An Act concerning the Ac- estates of idiots, lunatics, persons of unsound
quisition, the Enjoyment and the Transmis- mind, and drunkards, 51.
sion of Property, real and personal, the Domes-

tic Relations, aud other Matters connected
with Private Rights;" and consists of EIGHT



AND PERSONAL, TRANSMITTED OR ACQUIR- || Title 1. Of wills and testaments of real and
ED BY SPECIAL PROVISIONS OF LAW: Con- personal property, and the proof of them:
taining two Titles.

Containing three Articles.
Title 1. Of the assignment of the estates of Art. 1. Of wills of real property, and the proof

non-resident, absconding, insolvent or im- of them, 56.
prisoned debtors: Containing eight Articles. Art. 2. Of wills of personal property, and the
Art. 1. Of attachments against absconding, probate of them, 59.

concealed and non-resident debtors, p. l. Art. 3. General provisions applicable to wills

Art. 2. Of attachments against debtors con- of real and personal property, 63.

fined for crimes, 14.

Title 2. Of granting letters testamentary and

Art. 3. Of voluntary assignments, made pur- of administration: containing three Articles.

suant to the application of an insolvent and Art. 1. Of granting letters testamentary, 68.

his creditors, 15.

Art. 2. Of granting letters of administration

Art. 4. Of proceedings by creditors, to com- with the will annexed, and in cases of in-

pel assignments by debtors imprisoned on

execution in civil causes, 24.

Art. 3. General provisions relating to letters

Art. 5. Of voluntary assignments by an in- testamentary and of administration; mis-

solvent, for the purpose of exonerating his cellaneous provisions respecting the duties

person from imprisonment, 28.

of surrogates, and the recording of wills and

Art. 6. Of voluntary assignments by a debtor letters, 78.

imprisoned on execution in civil causes, 31. | Title 3. Of the duties of executors and admi-

Art. 7. General provisions applicable to pro- nistrators, in taking and returning invento-

ceedings under the several preceding Arti- ries, in the payment of debts and legacies,

cles, or some of them, 34.

in accounting and making distribution to

Art. 8. Of the powers, duties and obligations next of kio: Containing three Articles.

of trustees and assignees under this Title, 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.

testacy, 73.

Art. 2. Of the daties of executors and admi- Art. 1, of the constitution of the court and

nistrators, in the payment of debts and le- its officers, 164.

gacies, 86.

Art. 2. Of impeachments, and the mode of

Art. 3. Of the duties of executors and admi- conducting them, 165.

nistrators, in rendering an account, and in Art. 3. Of its powers as a court for the cor-

making distribution to the next of kin, 91. rection of crrors, 166.

Title 4. of the powers and duties of executors Title 2. Of the court of chancery: Containing

and administrators, in relation to the sale seven Articles.

and disposition of the real estate of their Art. 1. Of the constitution of the court; and

testator or intestate, 99.

of its officers, and their duties, 167.

Title 5. Of the rights and liabilities of execu- Art. 2. Of the general powers, duties and ju-

tors and administrators, 113.

risdiction of the court, 173.

Title 6. Of public administrators: Containing Art. 3. Of the terms of the court, and the

two Articles.

mode of proceeding therein, 175.

Art. 1. or the public administrator in the Art. 4. Of proceedings against absent, con-

city of New-York, 117.

cealed and non-resident defendants, 185.

Art. 2. Of public administrators in the seve- Art. 5. Of the granting of injunctions to stay

ral counties of this state, other than the proceedings at law, 188.

county of New York, 128.

Art. 6. Of the powers and proceedings of the

CHAP. VII. OF FRAUDULENT CONVEYANCES court, upon bills for the foreclosure or sa-


tisfaction of mortgages, 191.

PERSONAL PROPERTY: Containing three Ti-

Art. 7. Of proceedings in relation to the con-

veyance of lands by infants, and the sale and

Title 1. Of fraudulent conveyances and con-

disposition of their estates, 193.

tracts relative to lands, 133.

Title 3. Of the supreme court, 196.

Title 2. Of fraudulent conveyances and con-

Title 4. Of the circuit courts, sittings and

tracts relative to goods, chattels and things courts of oyer and terminer, 200.

in action, 135.

Title 5. Of the courts of common pleas and

Title 3. General provisions, 136.

general sessions of the peace, in the several


counties of this state, 207.

Containing four Titles.

Title 6. Of mayors' courts in cities, 217.

Title 1. Of husband and wife: Containing five CHAP. II. Of courtS OF PECULIAR AND

Art. 1. Of marriage, and of the solemnization


and proof thereof, 138.

Title 1. Of surrogates' courts, 220.

Art. 2. Of divorces, on the ground of the Title 2. Of the courts of special sessions of the

nullity of the marriage contract, 141.

Art. 3. Of divorces dissolving the marriage Title 3. Of special justices' courts in the se-

contract, 144.

veral cities of this state, 224.

Art. 4. Of separations, or limited divorces, Title 4. Of courts held by justices of the

peace: Containing thirteen Articles.

Art. 5. General provisions applicable to the

Art. 1. Of the jurisdiction of justices' courts,

two last Articles. 147.


Title 2. Of parents and children, 148.

Art. 2. Of the commencement of suits, and

Title 3. Of guardians and wards, 150.

the service and return of process, 227.

Title 4. Of masters, apprentices and servants :

Art. 3. Of the appearance of parties, 232.

Containing three Articles.

Art. 4. Of pleadings and of set-offs, 233.

Art. 1. Of apprentices and servants bound by

Art. 5. Of adjournments, 238.

indentures, 154.

Art. 6. Of compelling the attendance of wit-

Art. 2. Of persons held in service, 156.

nesses, 240.

Art. 3. General provisions, 158.

Art. 7. Of the trial of issues of fact, and the

incidents thereto, 242.

Art. 8. Of judgments, and filing transcripts

The THIRD PART of the Revised Statutes

thereof, 245.

is entitled “An Act concerning Courts and

Art. 9. Of executions, of sales thereon; and

Ministers of Justice, and proceedings in Civil

of imprisonment, 248.

Cases;” and consists of TEN CHAPTERS.

Art. 10. Of the removal of causes to the court

CHAP. I. OF THE COURTS OF GENERAL OR of common pleas by certiorari, 255.

LIMITED JURISDICTION: Containing six Ti- Art. 11. Of appeals to the courts of common


pleas, 257

Title 1. Of the court for the trial of impeach- Art. 12. Of the fees of officers, and of witnes-

ments and the correction of errors; Con- ses and jurors, for services under this Ti-

taining three Articles.

tle, 264


default, 856.

couts of justice specified in the two pre-

ceding Chapters, 274.

Title 4. Of judgments: Containing two Arti-


Title 2 General provisions concerning courts

Art. 1. General provisions concerning judg-

of record, and the powers and duties of cer-

ments, 358.

tain judicial officers: Containing four Arti-

Art. 2. Of docketing judgments, their priori-


ty, and the mode of cancelling and dischar-

Art. 1. Provisions concerning courts of re-

ging them, 360.

cord, their process and proceedings, 276.

Title 5. Of executions, and the duties of offi-

Art. 2. Of the powers and duties of certain

judicial officers, 279.

cers thereon: Containing four Articles.

Art. 1. General provisions, 363.

Art. 3. Of the officers of courts of record,

their duties, privileges and liabilities, 286.

Art. 2. Of executions against property, 365.

Art. 3. Of remedies for failure of title to real

Art. 4. Miscellaneous provisions concerning

courts of record, 290.

estate sold by execution, and to enforce

contribution between several owners of

CHAP. IV. OF ACTIONS, AND THE TIMES OF lands subject to the same judgment, 375.

COMMENCING THEM: Containing two Ti- Art. 4. Executions against the person, 376.

Title 6. Provisions concerning certain pro-

Title 1 Of actions, and their general divi-

ceedings in the progress of an action at law:

sions, 291.

Containing four Articles.

Title 2 Of the time of commencing actions:

Art. 1. Of proceedings against joint debtors,

Containing six Articles.

Art. 1. or the time of commencing actions

Art. 2. Of proceedings on bonds for the per-

relating to real property, 292.

formance of covenants, 378.

Art. 2. Or the time of commencing actions

Art. 3. Of bail, and proceedings to charge

for the recovery of any debt or demand, or

and exonerate them, 379.

for damages only, 295.

Art. 4. Of consolidating and referring causes,

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 OF A GENERAL NATURE, APPLICABLE TO

and cases excepted from the operation of PROCEEDINGS IN CIVIL CAUSES: Containing

the preceding Articles of this Title, 298.

six Titles.

Art. 5. of the presumption of payment aris- | Title 1. Of the abatement of suits by death,

ing from the lapse of time, 300.

marriage, or otherwise, and of their revival,

Art. 6. Of the time of commencing suits in 386.

courts of equity, 301.

Title 2. Of the removal of causes before trial


or judgment, from inferior courts, 388.
FROPERTY: Containing eight Titles.

Title 3. Of evidence: Containing nine Articles.

Title 1. Of the action of ejectment, 302.

Art. 1. Of taking, conditionally, the testimo-

ny of witnesses within this state, 391.

Title 2 Proceedings to compel the determina-

tion of claims to real property, in certain

Art. 2. Of taking the testimony of witnesses

out of this state, 393.

cases, 312.

Art. 3. Of affidavits taken, and other judicial

Title 3. Of the partition of lands owned by

proceedings had, in other states and foreign

several persons, 315.

Title 4. Of the writ of nuisance, 332.

countries, 396.

Title 5. Of waste, 333.

Art. 4. Of depositions taken in this state, to

be used in courts of other states and coun-

Title 6. Of trespass on lands, 338.

tries, 397.

Title 7. General provisions concerning actions

relating to real property, 339.

Art. 5. or proceedings to perpetuate testi-

Title 8. Proceedings to discover the death of

Art. 6. Of witnesses, their privileges, and

persons upon whose lives any particular es-

compelling their attendance, 400.

tate may depend, 343.

Art. 7. Of documentary evidence, and the

CHAP. VI. OF PROCEEDINGS IN PERSONAL preservation thereof, 403.

ACTIONS, BROUGHT FOR THE RECOVERY OF Art. 8. Of the examination of witnesses, of

mony, 398.

rori, 410.

ures, 480.

certain rules of evidence, and of evidence Art. 2. Of proceedings against corporations,

in certain



in equity, 461

Art. 9. Of the administration of oaths and Art. 3. Of the voluntary dissolution of cor-

affirmations, 407.

porations, 466.

Title 4. Of the trial of issues of fact: Con- Art. 4. Of proceedings by and against public
taining four Articles.

bodies having certain corporate powers,

Art. 1. General provisions concerning trials, and by and against the officers represent-

and the proceedings preparatory thereto, ing them, 473.


Title 5. Of suits against sheriffs, surrogates

Art. 2. Of the return and summoning of ju- and other officers, on their official bonds, 476.

Title 6. Of actions for penalties and forfeit-

Art. 3. Of special juries, 418.

ures; and provisions for the collection and

Art. 4. Of trial and its incidents, 419.

remission of forfeited recognizances and

Title 5. Of amending pleadings and proceed- fines imposed by courts: Containing two

ings, 424.


Title 6. Of the powers and duties of sheriffs, Art. 1. Of actions for penalties and forfeit-

coroners and other officers, in the arrest and

imprisonment of persons in civil actions; in Art. 2. Provisions respecting the collection
the return and execution of process; and in and remission of fines imposed by courts,
certain other cases: Containing nine Arti- and of forfeited recognizances, 483.

Title 7. Of proceedings for the admeasure-
Art. 1. Of the arrest of persons on civil pro- ment of dower, 488.

Title 8. Of proceedings for the collection of

Art. 2. Of the imprisonment of persons ar- demands against ships and vessels, 492.

rested on civil process, 427.

Title 9. Of proceedings for the recovery of

Art. 3. Of the liberties of jails, and admitting rent, and of demised premises: Containing

prisoners thereto, 431.

two Articles.

Art. 4. Of escapes, and the liabilities of she- Art. 1. Or distress for rent, 500.

riffs therefor, 437.

Art. 2. Of the recovery of possession of de-

Art. 5. Proceedings on the election or ap- mised premises, for non-payment of rent,

pointment of a new sheriff, 438.

by ejectment, 505.

Art. 6. Of the duties of sheriffs, in the execu- Title 10. Summary proceedings to recover

tion and return of process, 439.

the possession of land in certain cases: Con-

Art. 7. Proceedings in case of resistance to taining two Articles.

the execution of process, 441.

Art. 1. Of forcible entries and detainers, 507.

Art. 8. Provisions concerning the duties of Art. 2. Summary proceedings to recover the

coroners in executing civil process, in ca- possession of land in other cases, 511.

ses where sheriffs are parties, 441.

Title 11. Of distraining cattle and other chat-

Art. 9. Provisions concerning persons com- tels doing damage, and of distraining in oth-

mitted under the authority of courts of the er cases, 517.

United States to jails within this state, 143. Title 12. Of the action of replevin, 521.

Title 13. Of proceedings as for contempts, to


enforce civil remedies, and to protect the

CASES: Containing seventeen Titles.

rights of parties in civil actions, 534.

Title 1. Of the bringing and diaintaining of | Title 14. Of arbitrations, 540.

suits by poor persons, 444.

Title 15. Of the foreclosure of mortgages by

Title 2. Proceedings by and against infants, advertisement, 545.

Title 16. Of proceedings for the draining of

Title 3. Of suits by and against executors swamps, marshes and other low lands, 548.

and administrators; and against heirs, devi- || Title 17. General miscellaneous provisions,
sees and legatees: Containing two Articles. concerning suits and proceedings in civil

Art. 1. Of suits by and against executors and

cases, 550.

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-

three Titles.
rations, and public bodies having certain Title 1. Of the writs of habeas corpus and
corporate powers, and by and against offi- certiorari in certain cases: Containing three
cers representing them: Containing four Articles.

Art. 1. Of the writ of habeas corpus, to bring

Art. 1. Of proceedings by and against corpo- up a person to testify, or to answer in cer-

rations, in courts of law, 457.

tain cases, 559.


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