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

the satisfaction OF the Court, by OATH tina; sd-
Journment IS necessary to the adverse party IN cohse
quence OF such amendment, an adjournment snau 0e
granted. The Court may also, IN IFS discretion re-
cure as a condition Of an amendment. the payment
OF costs to the adverse party.
Is The provisions of sections hity-hve 20 Sky
four both inclusive, relating 70 forms Of action. 10
peadngs to the times OF commencing actions, 10 Tue
rules of evidence, 10 filing and docketng Transcripts
OF judgments, TO their effect and the mode OF entorc-
ing them. and 10 proceedings where title 70 real pro-
pery shall come IN question, shall apply 10 the toufus
embraced TINS title except thdt after the ulscoh
tinuance OF the actions the inferior court upon an
answer of title the new action NAV be brought either
IN the supreme court, IN any otner court having
jurisdiction thereof and except also that IN te cry
and county Of New ork, judgment ior t"eh'y-n'e
dollars or over. exclusive OF costs, the transcrip.
whereof dockcted the Office of the clerk oi tiat
county shall have the same effect as uel, dl1 DC
/ enforced IN the same manner as and be deemed
Judgment of the Court of Common Pleas Tor the City
| and county OF New lors-
| S74 Civil actions can only be commenced within
the periods prescribed IN tins ite AFTER the cause OF
action shall have accrued except where, IN speclai
cases different limitation IS prescribed oy statute
| and in the cases mentioned IN section 49, But lhe
| objection that the action was not commenced "i'nh
! the time limited, can only be taken by answer
0 9o An action is commenced as TO eacn deieDudhI
when the summons IS served on him. or on co-ue
| fendant, who IS JOINT contractor, or olhel"lse
| united IN interest with him.
An aitemut TO commence an action is deemed
equivalent to the commencement Thereon, Witnih lhe
meaning Of this title, when me summons Is ueii.eSu,
with the intent that shall be actually served 10 the
Sheriff or other officer Of the county IN which the de-
PENDANTS or OF them, usually or last resided As
If corporation be defendant to the sheriff or other
officer Of the county IN which such corporation was
established by law. or where It's general business
was transacted, or where II kept an ONCE ior lhe
transaction of business But such an attempt must
be followed by the first publication OF the summons.
| or the service thereof within sixty days.
100 IT, when the Of actionshal accrue against
any person he shall be out OF the State, such action
| NAV be commenced within the terms herein respec-
tyelv limited after the return OF such person into this
State and if after such cause OF action shall have
accrued such person shall depart from and reside
out of this State the time of his absence shall not be
deemed or taken any part OF the time limited for
| the commencement of such action.
| lOl II person entitled to appeal or orlng IN
action mentioned IN the last chapter, except for
penalty or forfeiture or against sheriff or other OIL
fcer, for escape be al the time the cause OF ac-
| ton accrued either -
| ]. Within the age OF tWonty-o years OF
| g. Imprisoned a criminal charge, IN execution
under the sentence OF a criminal court for term ess
| than his natural HE or
| 4 married woman
The time of such disability Is not part OF the time
| limited for the commencement of the action, except
| that the period within which the action must be
brought cannot be extended more than hve years by
| any such disability except infancy, nor can J, be so
extended any case longer than one year AFTER the
| disability ceases.
| Vii Every action must be prosecuted in the name
of the real party IN interest except otherwise pro-
ylded IN section hundred and thirteen but ms
|
ment of thing IN action not ARISING out ol contract
| Glib An executor, or administrator trustee OF
an express trust a person expressly authorised by
statute may sue, without joining with him. the per
| son for whose benefit, the action is prosecuted.
| trustee Of an express trust, within the meaning oi
this section, shall be construed to include person
| with whom or IN whose contrac, is made for
| the benefit of another
| . ia When married woman is party, her nus
| band must be joined with her, except that,
!. When the action concerns her separate property
| she may alone.
| 2 When the action is between herself and her hus
| band she may sue be sued alone
! But where her husband cannot be joined with her,
as herein provided, she shall prosecute or defend by
| her next friend
ll6 The guardian shall be appointed as follows;
l. When the infant is plaintiff, upon the application
of the infant, II he be the of fourteen years or
if under that age upon the application of his gener-
| al or testamentary guardian, # he has any, or of
relative friend OF the infant. If made by rcla-
tive or friend of the infant notice thereof must first
be given TO such guardian, If he has one, If he has
none then to the person with whom such infant re-
| sides
@ When tho infant is defendant. upon the applca-
| ton Of the infant If he he of the age of fourteen
wears and apply within twenty days after the
of the summons II he be under the age of fourteen,
| OF neglect apply, then upon the application OF
any other party to the action of d relative or friend
Of the infant. after notice of such Application being
first given to the general or teStamentary guardian
Of such infant If he has one, If he has then 10
the infant himself If over fourteen years Of age or II
under that age TO the person with whom such infant
| resides.
| 6i92 The Court NAV determine any controversy
| between the parties before IL, when It cAn be done
whitou, prejudice TO the rights of Others by saving
| their nights, but when a complete determination OF
the controversy can not be had without the presence
of other parties, the Court must cause them to be
brought IN And when, IN an action for the recovery
of real or personal property, person, not parry to
the action, but having interest in the subject there
| OF makes application 20 the Court to he made
party, may order hlm 10 be brought IN by the pro-
| per amendment.
| 4 defendant, agans, whom an action is pending
| upon contract, for specific, real or personal
| property, may al any time before answer. upon aih
| Gayit. that person, not party TO the action, and
without collusIon with him. makes against hun a de-
| mand tor the same debt, or property upon due no
ticc TO such person, and the adverse party apply 10
the Court ior an order TO substitute such person IN
ms place, and discharge hIm from liability to either
| party his depOSl,lng IN Court the amount of the
debt or delivering the property, IL value, 10
| person the Cour, may direct and The Court may
| in ITS discretion, make the order.
tl2t II the County designated for that purpose IN
the complaint be not the proper County, the action
may, notw outstanding, be tired therein, unless the
mand. IN writing, that The rla be had IN the proper
| County, and the place OF tnal be thereupon changed
by consent OF parties by order of the Court, Is
| pro, lded IN tins section
The Court NAV change The place OF trla. IN the
| following cases
| / When the County designated for that purpose IN
The complaint IS not The proper County
> When there is reason 10 believe that IN impair
| ilal trial cannot be had therein
2 When the convenience Of witnesses and he
snds OF Justice would ne promoted by the change.
When ihe place of iIlal i changed, Ill other pro-
| ce,dlnc> shall be had IN the County 10 which the
place OF trial IS changed unless otherwise provided
by the consent OF the parties, IN writing duly hled or
order OF ihc Court, and the papers shall De flied or
| transferred accordingly
lSo COpy of Tie comp PLAN; need no, oe served
| with the summons In >uch case the summons must
state where the complaint n or VIII De filed and
the defendant within twenty DAYS thereafter. causes
notice OF appearance 10 be gltea. ami IN person.
bN attorney, demands ln writing copy Of The com
plant, specifying place withn The Stale where II
| may be served, a copy thereof must within twenty
dayS thereafter, DC served accordingly and 0eT such
| service. ;he defendant has twenty DAYS % answer,
| tut only one copy need be served on the same AZ