New-York daily tribune., 1851-07-16

be proper amend any pleading or proceeding. by all
ding or striking out the name OF party, or oy cor
recing a mistake IN the name OF party, or ms
take IN any other respect, by inserting other ALE
caicns material to the case, when the amendments
docs not change substantially the claim or defense
I by conform ing the pleading or proceeding 10 the
I facts proved.
: IA The Court may Likewise in is discretion
and upon such terms as may be Just, allow an an
swer or reply Ia be made or other act 10 be done
after the time limited by this act, or by an ORDER en-,
larce such time and NAV also n IL discretion and
upon such terms as may be Just at any time within
one year after notice thereof, relieve party from
Judgment order, or other proceeding. taken againSi
/ him through his mistake, lnadvertence, surprise or
eIcusabe neglect and may supply an omission IN
any proceeding, and wherever any proceeding
taken by party fails 70 conform IN any respect 70
the provisions of this Code the Court may IN IKE
manner and upon ike terms permit an amendment
OF such proceeding. so as 10 make II conformao!e
| thereto
! . l79 Sub. g. In an action to recover the posses
sion of personal property unJustly detained, where
the property or any part thereof has oeen conceeu
removed disposed of, so that cannot be found or
taken by the Sheriff. and with the intent that 1t
should not be found taken, with the intent to
/ deprive the plaintiff Of the benefit thereof.
Slse. At any time before a failure TO comply with
the undertaking. the bail may surrender the defend
ant IN their exoneratlOn or he may surrender him.
self 10 the Sheriff OF the county where he was arrest
! ed, IN the following manner
/ J. certified copy OF the undertaking OF the bail
shall be delivered TO the Sheriff, who shall detan the
defendant In his custody thereon as upon an srder
OF arrest, and shall, by ceItlhcate II wrtng, ac-
/ knowledge the surrender
! 2 Upon the production of copy of the under
! dertakng and Sherlf's certificate a Judge of the
! Court or County Judge, may, upon notice to the
plaintiff of eight days, with copy Of the certificate.
I order that the bail DC exonerated and on fling the
order and the papers used on such Application, they
shall be exonerated accordingly. But TINS section
shall not apply to an arrest tor cause mentioned IN
! Subdivision 3, OF Section 49, so as TO discharge the
bail from an undertaking given 10 the effect provided
/ by section 2ll.
~, ,bo n Sl,ph hp Or
defendant may within ten days thereafter. give 20
the plaintiff attorney by whom the order of arrest
is subscribed notice OF the JustlncatIon OF the same
other bail. specifying the places OF residence and
occupation Of the ldter) before Judge OF ihe Court
or County Judge. al specified time and place the
tine 20 be not less than five nor more than ten days
thereafter In other bail be gwen there shall be
a new undertaking. IN the form prescribed IN section
| one hundred and olghty-seven
23l. The warrant shall be directed 10 the Sheriff
OF anv County IN which property OF such defendant
| NAV be, anl shall require hlm TO attach and safely
keep all the property of such defendant within his
| County or so much thereof may be sufficient 70
sat Sfy the plaintiffs demand together with costs and
/ expenses the amount OF winch must be stated IN
conformity with the complaint, together with costs
/ and expenses. Several warrants may be ISSUED at
the same time TO the SherlfS OF different Counties
o244. Receiver may be appointed
! !. Before judgment. Professionally on the appllca
/ ton of either party, when he establishes prma
fac,c, right TO such property which Is the subject OF
the action. and which Is IN the possession of an adj
party and tae property or It's rents and profits
are IN danger OF being lost or materially injured or
impaired.
>. After judgment, 10 carry the Judgment INTO
/ effect
3 After Judgment, to dispose of the property
cordmg TO the Judgment, 20 proSeHo II during the
pendency of an appeal, or when an execution has
/ been returned unSatisted, and the judgment debtor
refuses 10 apply hls property IN satisfaction o the
! judgment.
l. In the cases PROV ded IN this Code and by special
statutes when a corporation has been dissolved or
Is lnSoyeni, or IN imminent danger OF insolvency or
/ has forfeited It's corporate rights.
). Ia such other cases as are no" provided by law
or may he IN accordance with the existing practice
/ except as otherwise provided m this act.
The CouIt may grant the other provisional rene
dies now existing according to the present practlce
/ except as otherwise provided IN this act
When II is admitted, by the pleading or examlna
ton OF party, that he has IN his possession or un
der his control any money or other thing capable OF
delivery, which. being the subject OF the tgatlon
is held by HIM trustee for another party, or which
belongs or Is due to another party, the Court may or
der the TO be deposited III court, or delivered 10
such party, with without security, subject TO the
/ further direction of the Court
Whenever, in the exercise of It's authority, Court
shall have ordered tie deposit or delivery of money
other thing and the order Is dlsobeyed the Court
besides punshng the dsobedience, as for contempt,
may make order, requiring the Sheriff 10 take the
money or thing and deposit or deliver II, In confor-
mlty with the direction of the Court
When the answer OF the defendant admits part OF
/ the plaintiff claim TO be Just the Court on motion,
may order such defendant to satisfy that part OF the
clam, and may enforce the order as It eniorces a
provisional remedy.
c246 Sub . In other actions the plaintiff may, up
IKE proof apply to the Court, after the expiration
of the time for ering for the relef demanded IN
the complaint If me taking OF an account or the
proof of any fact be necessary to enable the Court
10 give judgment or 10 carry the judgment into effect,
the Court may take the account or hear the p.oo or
may, It's discretion order reference for tEat pur
pose And where the action Is for the recovery OF
money only, of specific. real personal property,
with damages for the Withholding thereof the Court
may order he damages TO be assessed by jury, or
II the examination OF long account be involved, by
reference as above provided. II the defendant give
notice of appearance IN the action before the explra
ion Of the time for answering. he shall be entitled to
cgh; days notice Of the time and place Of application
TO the Court for the relief demanded by the com.
plant.
3. In actions where the service of the summons
was by publication, the plaintiff may IN like manner
apply for judgment, and the Court must thereupon
require proof to be made of the demand mentioned
the complaint, and If the defendant be not resi-
dent Of the State. must require the plaintiff or his
agent 10 be examined on oath respecting any pay
meAls that have been made 10 the plaintiff 10 any
for hls use, on account of such demand and
may render judgment Tor the amount which he Is en-
uted 10 recover. Before rendering judgment the
Court may. III IL discretion, require the plaintiff to
10 De flied satisfactory security 10 abide the
der OF the Court touching of any estate
or effects which may be directed by such iudgmentto
be transferred delivered, the restitution Of any
money that may De collected unoer or by virtue OF
such judgment, IN case the defendant or hIs repre-
.natyes shall apply and he admitted TO defend the
action, and shall succeed IN such defense.
2J2. An issue Of Law must be tried by the Court.
unless IL be referred, provided IN sections go ana
~. IN sSue OF tact, ln acton for the recovery Of
money only or Of specific real personal property,
OF Tor . divorce from Tie marriage contract the
ground o adultly. must De tired 0y jury. unless "A
jury trd be- waived, a. provided il section $50,
reference De- ordered provided sections 2-0 and
b -.
25j All issues O ttct. tr.dJ.e 5y = Jury or by
Court, must Be tTlct before d single Judge Issues
OF fact IN TIE supreme Cour must be tired n a Clr
cui Count when The tral l. ~ jury otherwise, al a
Clrcult CouT. or SPECIAL Term. as the Court may by
li> rules prescribe. Issues OF law must be tired al
General Term. unles, the Count order me tria 10 0e
had ~ a SPECIAL Term.
2js. Either party giving Tie notice may BRING the