REFEREE-continued.

to report evidence or facts in proceedings supplementary to the execu-
tion, may be appointed, 334.

powers and duties of the referee so appointed, 334 n.

when special report to be furnished,

REFERENCE, defined, 284 n.

493.

cannot be had without an order, 287 n.

when order may be made by consent, 284, 284 n.

when may be compelled, 285, 285 n.

how ordered, 287 n.

proceedings after order for, 289 n.

proceedings on, 290 n.

when proceedings on will be reviewed, 293 n.
notice of trial on, 289, 289 n.

in proceedings supplementary to execution when ordered, 328 n.
334.

in foreclosure cases, 471.

in actions for divorce, 478, 479.

66 partition, 481.

to assess damages--

on judgment for want of answer, 257, 261 n.

66

66 on issue of law, 283.

to ascertain damages on injunction-

when may be ordered, 234, 235 n,

236 n.

report of referee on, must be confirmed, 236 n.
motion to confirm, how made, 236 n.

what items of damages allowed upon, 236 n.

to report facts-

report has the effect of a special verdict, 294, 449.
in existing suits, 449.

REHEARING, in court of appeals, when to be had, 29.

at general term of supreme court, when ordered, 32.

of appeal in superior court, and New York common pleas, 44.
right to move for, in actions under the code abrogated, 295 n.
in existing suits, 451.

See, New Trial.

RELIEF, legal and equitable in one action, 66 n.

amendments as to amount of demanded, 189 n, 194 n.

amendments as to nature of, 195 n.

when there is no answer, 301.

in other cases, 301.

to be clearly specified in the judgment, 303.

RELIGIOUS CORPORATION, county court may decree mortgage or sale of

REMEDIES, division of, 18.

real property of, 37.

civil and criminal not merged, 19.
See Election of Remedy.

REMITTITUR, from court of appeals, 27, 27 n.

form of 28 n, 458.

after affirmance, or reversal by default, 458.

REMOVAL, of occupants from State lands, within the jurisdiction of the county
court, 37.

of causes. See Transfer of causes.

RENEWAL OF MOTIONS, special motions cannot be renewed without leave,
415 n, 487.

RENT, proceedings for recovery of, not affected by the code, 444 n.

REPLEVIN, the chapter of the code relating to the claim and delivery of personal
property, is a substitute for the action of, 218 n.

never was in all cases a concurrent remedy with trespass de bonis
asportatis, 219 n.

the former practice in actions of, in force in some respects, 218 n.

REPLY, when to be put in, and what to contain, 169.

may be demurred to, 171.

REPLY-continued.

supplemental, when may be put in, 199.

amendment of, 197 n.
See Pleading.

REPORT, of referee, 291.

See Referee, Report of.

REPORTS OF CASES adjudged in foreign states, books of, presumptive evidence
of the law in such states, 426.

RESIDENCE of attorney to be endorsed on papers and pleadings to be served, 461.
place of, what is meant by, 461 n.

RESIDENT, who is, 203 n.

RESIDENT DEFENDANT, when he may be served with summons by publica-
tion, 126.

RESPONDENT, who is, 361.

RESTITUTION may be ordered in action where service of summons was by pub-
lication, 127, 257.

on reversal of justice's judgment, 384.

RETAINER, notice of, an appearance, 461.

of attorney, is a proceeding in the cause, 344 n.
notice of bail imports notice of retainer, 462 n.

RETURN, of process, &c., how compelled, 461.

REVIEW of questions of law and fact arising on a trial of a question of fact by the
court, how obtained, 282.

REVIVOR and supplement, complaint in nature of, when necessary, 96.
RIGHT OF ENTRY, action after accrual of, 70.

ROADS. See Turnpike Roads, Railroads.

ROCHESTER, mayor's court, certain actions in, transferred to supreme court, 31 n.
abolished, 43 n.

ROLL. See Judgment Roll.

ROOMS for court of appeals, sheriff to provide, 29.

for general and special terms, circuit courts, and courts of oyer and ter-
miner, sheriff to provide, 34.

for supreme court, &c., supervisors to provide, 35.

for supreme court, when sheriff to provide, 35.

RULE AND ORDER, in no case include a judgment, 255.

by default, counsel on taking, to endorse with name, &c.,

SALARIES of judges of superior court, 46.

of New York common pleas, 46.

of crier of supreme court, 45.

66 of New York common pleas, 45.

SALE of mortgaged premises, county court may order, 37.

of vessels, 248.

SALVAGE, jurisdiction of superior court in cases of, 42 n.

577

SATISFACTION of execution, when debtor to judgment debtor may make, 328,

329 n.

what property may be ordered to be applied to, 331 n.

of judgment, how effected, 321 n.

of mortgage, county court has jurisdiction of, 37.

SCIRE FACIAS, writ of, abolished, 428.

action in place of, 429.

SEALED INSTRUMENT, time for commencing action on, 73.
SECRETARY of State, appointment of terms to be transmitted to, 35.
SECURITY for costs-

provisions of revised statutes, as to, not repealed, 338 n.
in suits in superior court, 338 n.

on certiorari to reverse judgment of a justice of the peace,
where nominal plaintiff is a non-resident, 338 n.
where plaintiff is a non resident, 338 n.

338 n.

66 an insolvent debtor, in certain cases, 338 n.
bond for, need not follow the precise words of the statute, 339 n.
bond for, should be executed by sureties alone, 339 n.

action on bond for, 339 n.

where plaintiff is committed in execution for a crime, 338 n.

66

66 an infaut, 338 n.

temporary absence from State does not entitle defendant to, 339 n.
where plaintiff has given security on issuance of an attachment,

339 n.

See Bail.

on attachment, plaintiff to give, 247.

by defendant on return of property to him, 251.

on claim and delivery, by plaintiff, 220.

on injunction—

by defendant, 222.

where no special provision on the subject, 234.
to set aside a judgment, 234 n.

in the superior court, 234 n.

to suspend business of corporation, 237.

on appeal to court of appeals, 365, 366, 367, 368.

to supreme court from inferior court, 370.

from circuit and special term to general term, 372.
from orders, 373.

from justices' courts, 380.

on rehearing in existing suits, 450.

on taking a judgment by default, 257.

SEDUCTION, is an injury to the person, 184 n.

action for, cannot be brought in justices' courts, 51.
costs in actions for, 340.

SEIZIN, when necessary, 70.

SEPARATE TRIAL, when court may order, 271.

SEPARATION, action for—

reference to take proof of material facts in complaint, 479.
plaintiff may be examined in, 470.

SERVICE of summons-

of process-

by whom, 122.

on whom, 122.

by publication, 126.

out of the State, 127, 130 n.

time for, may be fixed, 122.

when complete, 133.

proof of, 133, 487.

gives jurisdiction, 134.

fee for, when taxable, 134 n.

from what facts the court will infer an intention to avoid, 245 n.
concealment to avoid, what is, 246 n.

on corporations, provisions as to, applied to justices' courts, 59.

of complaint-

with summons, 120.

with notice of no personal claim, 121.

after demand, 120, 121.

time for, 121, 121 n.

of notices and papers, 420

by mail, 421.

on defendant who has not answered, 422.

on non-resident defendant, 422.

on attorney, 423.

of amended pleading, 156.

of injunction order, 226 n,

to bring into contempt, 423.

of notice of motion, 422.

of affidavit of merits to prevent inquest, 272 n.

SESSIONS, See Courts of Sessions.

SET OFF, of costs, or recovery, 384.

effect of assignment on, 84.

defence of. See Counter-claim.

SETTLEMENT, cost on a, 358.

SEVERAL attach ments may issue at same time, 247.

debtors, See Joint and several debtors.

executions may issue at same time, 309.

SHAM ANSWERS AND DEFENCES, may be stricken out on motion, 168.

what is a sham answer, 168 n.

demurrer after motion to strike out, when

it will be allowed, 168 n.

judgment after answer struck out as
sham, &c. 169 n.

SHERIFF, when required by the code to serve suinmons, &c. he is bound to do so

as if it were process, &c. &c. 423.

when a party, coroner to perform the duties of, 423.

to provide rooms, &c. for court of appeals, 29.

46

for general and special terms of the supreme court,
circuit courts, and courts of oyer and terminer, 34, 35.
action against, to be within two years, 74.

action against, for escape, to be within one year, 74.
may sue in his own name, 86 n.

to serve summons, 122, 122 n.

to return summons, 122, 122 n.

proof of service of summons by, 133, 134 n.

fee for service of summons, 134 n.

66

return of process, &c. by, how compelled, 461.

may return process by mail, 314 n.

fees of, 223 n.

duties of &c. incident to arrest-

to execute order by arresting defendant, 209.

SHERIFF-continued.

to deliver copy order of arrest and affidavit to defendant, 209.

to accept bail or deposit, 209, 210 n.

to arrest defendant at instance of bail, 210.

to deliver order, with return endorsed, and certified copy undertaking of
bail to plaintiff, 211.

may give notice of justification of bail, 211.

when exonerated from liability, 213.

to give defendant a certificate of deposit, 213.

to pay deposit into court, 213.

when liable as bail, 214.

proceedings on judgment against, 214.
liability of bail to, 214.

to file affidavits on which arrest is made, 488.

duties of, incident to attachment-

to proceed on, as in case of attachment against absent debtors, 247.
to attach all the real and personal estate in the county, 247 n.

to make an inventory, 247 n.

inventory to be signed and returned, 247 n.

in case of claim of third party, to summon a jury to try the claimant's
right, 247 n.

to collect and receive debts, 247.

to take legal proceedings to recover debts, credits, &c. of the defendant,
247.

to sell perishable property, 248, 369.

to sell vessels, 248.

as to property incapable of manual delivery, 248.

to serve certified copy of warrant of attachment in certain cases, 248.

to satisfy judgment out of property attached, 249.

as to residue of attached property after satisfaction of judgment, 249.
may permit actions to be in name of plaintiff, 250.

on judgment for the defendant, 250.

on discharge of the attachment, 251.

to return warrant and proceedings thereon, 251.
fees of, 252.

duties, &c. incident to claim and delivery of personal property.

may be required to take property, 220.

to approve sureties, 220, 221 n.

to take property, 221.

to deliver to the defendant a copy of the affidavit, notice, and under-
taking, 221 n.

responsible for plaintiff's sureties, 221.

when to deliver property to the plaintiff, 222.

when responsible for defendant's sureties, 223.

proceedings by, where the property is concealed in building or enclos-
ure, 223.

to keep property in a secure place, 223.

his fees and expenses for taking and keeping, 223, 223 n.

when property claimed by third party, 225.

to file notice and affidavit, with proceedings thereon, 226.

duty of, &c. incident to execution.

former laws apply to, 314.

to levy on and seize goods, 314 n.

may levy his fees, 315 n.

poundage, 315 n.

may sell real estate, 315 n.

to execute conveyance of real property adjudged to be sold, 309.
proceedings on official bond of, not affected by code, 444 n.

SHERIFF'S JURY, court cannot order issues of fact to be tried by, 267 n.
See Assessment of damage.

SHIPS, proceedings for collection of demands against, 444 n.

See Vessels.

SLANDER, actions for-

cannot be brought in courts of justices of the peace, 51.