The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-10
CHAPTER VI.

CHAPTER VI. ~
EXAMINATION PARTIES.
Sec ss No action to obtain discovery untsr oath In
Aid Of tn. prosecution or Defence o. another rcuou
shall be allowed. shall any examination Of party
be had behalf Of tn. adverse party except in the
manner prescribed by this chapter.
SEC sat party to an action may be examined as
wne at the Instance Of the adverse party Of any
Of adverse parties aud for that
be compelled in the same and subj set to tina
rules Of examination, othsr wtnsss to tss-
mission
Sec. as. The examination, instead Of being had as
provided la the last section, may be had at any time
before the trial the option of the party claiming It,
before judge OF the court or county Judge on pre-
ADVERSE 20 @
shown the judge order otherwise But the party TO bs
examined shall not be compeled to attend In any other
county than thnt Of his residence where he bs
| served With summons for his attendance.
Sac s46 The rarty to be examined a. la tbs last sec
ton provided may compelled to attend in thu same
manner as witness WHO Is to bs examined condition
ally and the examination shall be taken and flied in
like and be read by either party tbs trial
Sec SAT. The examination OF the party, thus taken,
\ may b. rebnttsd b. adverse testimony 80.
the last three sections provided besides being punished
himself IS for contempt, his compliant answer or re
SEQ S4a A party examined BY adverse party as In
his chapter provided be examined on his own be-
But he teasy to any matter, not espousivs to
the enquiries put to him by the adverse party such ad
| u
half in rerpect to the matter, and shall be 30 re-
| oeived
Sec a30 person for whose Immediate benefit the
ton defended though not party to the
action. may be examined witness, in the man
aud rutjsc to the rules OF examination ms II
| he were named as q party.
CHAPTER
EXAMINATION WITNESSES.
SEQ ISL No person offered as witness shai be ex-
cuded by OF his interest ia the of the
ton But this section shall not apply to party to the
action nor to any person for whose immediate b'neht 1t
ntsAn and
SEQ $50. No person offered as a witness shall bo
cludsd by reason of sentence for felony.
$40 353 No person shall bs obliged TO attend rs
witness beo-s any court or judge, out Of the county
where the witness resides or served with process for
SEQ 35a Whenever either party desires the .uins-
ton of witness out the comfy where the trial is 20
der to ex smius such witness Whereupon the ndgc
proof, to his Satisfaction, of the materisy Of the
specified time and place before the county judge Of the
county whore the examination t, be had or before
ds.isnated by the iu igs making tn. order.
SEQ ass OF sueh order shall bs served
DO taken by county ju5g, justice OF the peace
referee and being certified by him to have bssn written
and bsng flied with the clerk, may BE- read by either
party any trial or proceeding in the action.
hey It, he Ray b. punished by the judge as for con-
tempt and shall liable TO ali the penalties to which
witness Is isbe who is duly served vita process for his
attendance at q court. and neglects to attend.
| CHAPTER VIII
|
$50. S57 Every direction OF court or Judge. made
entered in writing, an not included in Judgment, IL
denomiu ated an order
SEQ s5s An appWc alton for au order is a motion.
SO 3o9 All motions may be made to the court, at
special term, except upon aDpeas
SEQ $50 Motions W likewise be sds to ju ise, out
Of court except for u trial on the merits,
attachment for n contempt.
which tue action is trsb. or Ia county ado ming
in which Is triable, except that where this action
is triable ia the first Judicial strict the motion must
be made therein
sso s62 Orders may be m ds upon without notice.
order to shev csuss, according to the exciting
prsotiee except IS Otherwise provided In this act.
$50 363 When a notice Of motion Is necessary, "
be served Ave days before the tiae appointed for
the hearing but the court or Judge by order TO
show cause. prescribe shorter tins.
Sac 36a In action in the supreme court county
this cot may exercise within his county tho powers Of
judge out OF court aocordn to the existing practice
except otherwise provided ia this act Aud in ai
where order Is mads by county judge it may
be reviewedi IN the same manner rs It had been made
SEQ sso When Of a motion Is given.
der to show cause IL returnabe before judge on of
unable hear It, tbs may be transferrs by his
order Tor II order be made by notcs from either
party to the Other OF not less than vs dsys TO some
other judge efore whom the mi gh orig inally
have been made as provided in section 3si.
SEQ 500 Tbs time within which any proceeding in
IA action must BIS had, after it's comusncsmsnt, and
| before judgment, except the tms within which ap
Pa, must Dc may p' IA samoa ~
| II the action be in the suprems court BY county
judge The affidavit must bs served with copy OF the
| order or tbs order ulsy be disrsgarded.
CHAPrsRIx
LING ATFIpAvITs
Ga, ss7 II sha NOT ma nae s,ary In sntitl. an An Ia
Wit In hs action bnt an ain lie vii nade without ts
with defective tille shall be valid aud edscusi
for every purpose AS A. IL were duly entitled If t int
blr rsfr to tho action or nroc ling ia which 4,
Imsds
| CHAPTER K
| eonruT.T,os or TINS
g., ,sa III, 60 s.;,ntn yAt,, a., a,t 1. to D.. do,s
| o. hi rn,sa hi ~. oomnntsa hv ay.,,S;n, IN.
90 ~" =, -, 80 Ia. ~ 49, -. - h -
" . s.y t 1LI s0 ''' - Wv ' N-' ~ ~
| oaS IL snah VIC sAoiu""1'
CHAPTER XII.
NOTICES, AND FILING SERVICE PAPERS.
Sec $50. Notices shalt in writing ana notices and
other papers may be tn. party attorney In