The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-02

'1O1tLS1 ANNs N11AASOAA - N
rail- or the district attorney the county where the Of
fence committed
Sec H. An action for relief not hersubefore provided
for be commenced within ten after the cause
OF action shell have accrued.
SO 10 The limitations prescribed In this title ehall
apply actions brought In the of the people of
this State or for their .n.dt Ia the same to
actions By private parties.
cHAprEalv.
GENERAL PROVISIONS As TO THE TIME OF coMMESciSo
ACTIONS
SEQ 70 An action shall not be deemed commenced,
within the meaning of this title un'sssi appear:
]. That the summons therein was duly served upon
the defendants, or one of hem;
2 That the summnps was delivered, With tbs intent
II should he &C tusy served to the sheriff Of the
county In which the defendants Of them usually
or ast resided or corporation he defendant, to ths
sheriff Of the county in which such corporation was e.
tsbshed bv law VIII its general business traus
acted or where kept IN ocs for the transaction OF
business
person ne be out Of the State the action may he COM
VII hin the term herein limited after his rrtu
accrued h spsrt from AMI rss ie out OF ths Stst. tn
time OF his obsence sh Ill not bs part OF the time limited
for tho comm ancement Of tho action
penalty or forfeiture against sheriff or other oficer
for escape be ct the time the Of action accrued
ithcr;
/ Within the ase of twenty ono year,; or
imprisoned on . cIiminsl charge, or In execution
under the s.nterce OF criminal court for term less
than his natural lie;
4. A married woman;
lime limited for the commencement of the aoion
Sec. 81 II person entitled TO bring action die bs-
ment thereof and the cause Of action survive his re-
representatives. may commence the action after the
pration Of that time, and within one year from his
Death
So SO Whsa person shsn be an alien sutjsc or
otzen OF country at war with the United States the
tine Of the contnuancs Of the shall not be part
Of tho period limited for the commencement OF the
action
Sec 81. Ifen action shall be commen-e ed within the
time prescribed therefor aud Judgment therein for the
plaintiff be sed appeal the plaintiff or he die
and tho Of action suvive his heirs or representa-
tives, may action within year after
the reversal
SEQ IS When the commencement Of an action shall
he by injunction the time Of the continuance OF
tbs r junction shall not be part OF the time limited for
| ths com 3ement Of ths action
Sec Sc No prson shall avail himself OF disability,
unies, &c existed when his right Of action accrued
Sec 81 When two more disabilities shsil exist.
the limitation shall not attach until they all Do removed
SEQ 80 This title shalt affect actioos to enforce
ths pss OF bills notes other evidences Of debt
issued monsd corporations, or Issued or put in DIR
SEQ SO rhis title shall not affect actions against
directors Of moned corporation,
cover pepa ty or forfeiture imposed or to enforce
liability created by tho second tile of the chsp'er Of
Revised Statues entitled "Of incorporations but
n. .:
which the penalty or forfeiture attached, or the liability
| was or. ated
arising contract shalt have expired, the OF
cotton shall not be deemed revived ny an acknowledg
ment promise unless the same be in writing sub
| scribcd by the party to be charged thereby.
TITLE III.
| OF THE PARTIES TO CIVIL AcTIoss.
Sec o. Every action must be prosecuted in the paae
Of the real parry in interest," except as otherwise pro-
| vided in section 90
on the action by the sssgu.e shall bs without preu.
dice to any defence existing at the time Of the asSn
ment but this section shall not apply to promssory
SEQ 90 An executor or administrator trustees Of
sute may without Joining with him the persons fol
| whose benefit the suit Is prosecuted
stc o. When married woman is party, her bus
band must b. joined with her, except that,
l. When the action concerns her separate property
she msy rue alone
band. che may or be sued alone
xsec e5 When an infant IL party he must appear BY
| tho action Is prot ,u.ed or by judge there Of
SEQ. Oh The guardian shall b, appointed follows
l. When the infsnt 10 paiutid upon the petition OF
the infant be be Of the of fourteen years. If
der that upon tbs petition OF sem. other psrsyto
the suit, or Of relative or friend Of the infant
When the infant Is def ndant upon the petition OF
the infau hs be OF tina Of fourteen and
ply within twenty days after the OF the summons
b. under the age Of fourteen neglect to appy
then upon the petition Of any och party to the action
| or OF q relative or friend Of the infant.
If th. action an In obt.ning the relief demanded NAV
'ned as plaintiffs, except Is otherwise provided 10
! this title
| Sec g. Any person may be made party defendant,
Who has an interest In the controversy adverse to the
plaintiff
united in interest mu.t be joined plaintiffs dsf.n
dauts but II the consent II any ons who should bsve
been Joined plaintiff cannot be- obtained he may be
made defendant the reason thereof being stated in the
complaint
So 100 Persons sevsrally liable upon the osl
CATION Instrument including the parties to bills Of
change aud promi,sory notes, may all any of them
be- included In ths same action at the option Of the
plaintiff
&c., l0l No action shall absts by the DEATH msrrisg
or other disability of party or by the transfer OF any
interest therein the cause Of action survive or con-
nue In OF death, marriage or other disability Of
party the court, motion, at any 'ime within oue
year thereafter may allow tho action to be continued BY
against his tavs In interest In
Of any other transfer of interest the action shall bs
continued In the name OF tue original party or t1e
cour may allow the to whom the transfsr made
to be substituted la the action
SEQ l0a When a compe's deter mipato2 Of the con.
trovery cannot be had without the presence OF other
pstiss the may order them to be brought In ny
an amendment CT the complaint, by supplemental
complaint, and new Summons
TITLE w.
OF THE PLACE OF Trial OF CIVIL ACTIONS.
SEQ 100 Actions for the folio wing causes must be
tried the county whsro the thereof arose IN
which the suhsct Of the action, some part thereof s
.sussed subject 10 the power Of the court to change
For the recovery of real property or Of an estate or
interest therein for the dstsrmina alton, in any FORM
OF such right or interest," and for Injuries to real pro-
perty
. For the partition of real property
For the foreclosure ofa mortgage ofresl property
For tbs recovery OF personal property distraiued
for any cause.
For injuri.s to the person personal property.
g. For the recovery Of penalty or forfeiture imposed
By statute; except that wheo IL Is imposed for Of
fence committed lake, o,hsr strcsu, Of
watsr situated In two more counties the action may
be brought In any county bordering such lake
or stream and OPP site TO the place where the offence
was committed
Against public ofaser or person specially appoint
ed to execute bis duties, for act done by him Ia vir