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, B. F. BUTLER, JOHN C. SPENCER. June 5, 1829. THE DISTRIBUTION OF THE ESTATES OF IN- The SECOND PART of the Revised Sta- || Title 2. Of the custody and disposition of the CHAP. VI. OF WILLS AND TESTAMENTS; OF TESTATES; AND OF THE RIGHTS, POWERS AND DUTIES OF EXECUTORS AND ADMINIS- AND PERSONAL, TRANSMITTED OR ACQUIR- || Title 1. Of wills and testaments of real and Containing three Articles. non-resident, absconding, insolvent or im- of them, 56. 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. 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. 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 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, 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- * 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. 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 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- Title 6. Of public administrators: Containing Art. 3. Of the terms of the court, and the mode of proceeding therein, 175. Art. 1. or the public administrator in the Art. 4. Of proceedings against absent, con- 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- AND CONTRACTS RELATIVE TO REAL AND 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 CHAP. VIII. OF THE DOMESTIC RELATIONS: Title 6. Of mayors' courts in cities, 217. Title 1. Of husband and wife: Containing five CHAP. II. Of courtS OF PECULIAR AND SPECIAL JURISDICTION: Containing four Ti- tles. 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- 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, 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. Art. 4. Of pleadings and of set-offs, 233. Art. 1. Of apprentices and servants bound by indentures, 154. Art. 6. Of compelling the attendance of wit- Art. 2. Of persons held in service, 156. Art. 3. General provisions, 158. Art. 7. Of the trial of issues of fact, and the Art. 8. Of judgments, and filing transcripts The THIRD PART of the Revised Statutes is entitled “An Act concerning Courts and Art. 9. Of executions, of sales thereon; and Ministers of Justice, and proceedings in Civil 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 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- Art. 13. General provisions concerning jus- ANY DEBT, OR FOR DAMAGES ONLY: Con- tices courts, and proceedings therein, 266. taining six Titles. CHAP. III GENERAL PROVISIONS CONCERN- Title I. or the commencement of suits, and LS6 COUETS OF JUSTICE, AND THE POWERS the proceeding therein, until the forming of ASD DOTIES OF CERTAIN JUDICIAL OFFI- Title 2. Of pleadings and set-offs, 351. Title 1. General provisions concerning the Title 3, of the assessment of damages upon + default, 856. couts of justice specified in the two pre- ceding Chapters, 274. Title 4. Of judgments: Containing two Arti- cles. 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- des. 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. 377. 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 383. for penalties and forfeitures, 297. Art. 4. General provisions concerning the CHAP. VII. MISCELLANEOUS PROVISIONS 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 CHAP. V. Or suITS RELATING TO REAL or judgment, from inferior courts, 388. 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, Art. 9. Of the administration of oaths and Art. 3. Of the voluntary dissolution of cor- Title 4. Of the trial of issues of fact: Con- Art. 4. Of proceedings by and against public 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 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 Title 7. Of proceedings for the admeasure- Title 8. Of proceedings for the collection of Art. 2. Of the imprisonment of persons ar- demands against ships and vessels, 492. Title 9. Of proceedings for the recovery of Art. 3. Of the liberties of jails, and admitting rent, and of demised premises: Containing Art. 4. Of escapes, and the liabilities of she- Art. 1. Or distress for rent, 500. 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. 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 CHAP. VIII. OF PROCEEDINGS IN SPECIAL 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. 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, Art. 1. Of suits by and against executors and CHAP. IX. OF THE WRIT OF HABEAS COR- Art. 2. Of suits by and against legatees; and FORMATIONS, AND PROCEEDINGS COMMEN- between heirs and devisees, 450. CED BY ANY SPECIAL WRIT: Containing Title 4. Of proceedings by and against corpo- three Titles. 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. IN- |
