The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-21

udss Of The court or county Judge II she county 70
which the execution issued or judge Of the Court q
The executes ssusdto such county, requrng saoA
judgment debtor 70 appear and answer concerning ns @
perry before such Judge, q time and place speoneo "
The order within the county TO which the execution Wa
sausd a. After The Issuing Of An execution against pro
perty, and upon proof by affidavit Of party or other.
county judge any judge Of the Court Of Common Pleas
for the city and county Of New York. that any Judgment
debtor residing In the county where such judge or ocer
resdes has property which he unjusy refuses 70 apply 70
wards The Satisfaction Of the Judgment such court judge
may BY an order require the judgment debtor 70 appear
same and such proceedings may thereupon be had for
the application OF the property OF the Judgment debtor
toward the sasisc. Of the Judgment as are provided
whenever Il shall satsfaotory appear, by afidavt TO
Justice Of the Supreme Court that such County Judge
Judge Of said Court Of Common Pleas IL noapactated
from acting in any Of the proceedings whatever, herein
authorized from any cause or causes whatsoever such
and authority In all cases Whatever IS herein con-
rred upon him as 70 cases OF Judgments In Tho Supreme
Court 1sasM eefa
may examine witnesses in his behalf and the Judgment
debtor may be examined in the Same manner a. Wit
Of the judgment debtor the Judge may proof BY am
davt Otherwise TO his satisfaction that there danger
Of the debtors leaving the State, or conceang himself
and that there s 70 believe he has property which
warrant requiring the Sheriff Of any county where such
% o
examined oath, and II IL then appears that there is
danger Of the debtor leaving the state and that he has
property which he has unusty refused TO apply TO such
Judgment ordered To enter into undertaking, with
suretes, that he will from time to time attend be-
fore the Judge he shall direct and that he will not dur
the tendency Of proceedngs dispose Of any por
ton Of his property not exempt from execution In de-
fault of entering into such undertaking. he may be COM
mited TO prison by warrant Of the Judge, for con-
tempt (5) No person shall, examination pursuant to
this chapter be excused from answering any question:
nj thac NJ M
evidence against him in any criminal proceedings or
prosecutcn
Sec 307 When allowed, costs shall be follows
a. To the plaintiff for all proceedings before nonoe Of
trial lncludins Judgment when rendered.
may be had without application 70 the Court, $40; in
action where Judgment can only be taken on application
upon whom process shall be served except in acons for
the foreclosure OF mortgage the allowance for addition
defendants limited such defendants, and in
other cases to five such defendants.
2) To the defendant for all proceedings before notice
as 10 either party, for all subsequent proceedings be-
as To either party for the trial OF an issue Of law sl5
for every trial for issue of fact, $40
Is To either party appeal except TO the Court Of
Appeals and except appeals in the cases mentioned In
section 349 before argument $5 for arguments $50, and
the shall be allowed either party before
gument and for argument application To- Judgment,
upon special verdict, upon verdict subec the opin
ion Of the Court as for new trial on case made and in
where exceptions ordered to be heard in the
frat instance at general term, under the provisions Of
section 266. r~a tsfHl
before argument $685. for argument, $50; and when a
Judgment is affirmed, the Court may discretion also
award damages for the delay not exceeding 10 per cent
upon the amount of the judgment. rffsl..
(7) To either party, for every circuit term not
ceedng five circuits, and five special and Ave general
and is not reached or postponed, $40.
But in action hereafter brought 10 recover dover,
before admeasurement of real property aened by the
hnch unh cnar eholl mt
pear that the dover demanded before the
mept Of the action and refused
Thesa costs shall be allowed TO the plaintiff IN pro-
ceedngs under chapter two title twelve OF the sscoud
part Of this code (secs 376 TO 3s1, as upon the
mencement OF an action.
Sec S09 These rates shall be estimated upon the value
Of the property claimed attached affected by the ad
Indication upon the will other instrument sough. TO
be partitoned, the amount found upon the mort
gaze in action for foreclosure And whenever shall no
necessary 10 apply To the court for order enforcing the
pay ment Of nsalent falling due after judgmsnt In
action for foreclosure the plaintiff shall be entitled 10 the
rate OF allowance In the last section PRESCRIBED but to
more in the aggregate than II the whole amount Of the
mortgage had been due when judgement entered.
Such amount Of value must be determined by the
by the commissioners In Of actual partition.
hn snu o ny ,c"n ~
cited in section three hundred eight the may
also, in It's discretion make further allowance to
party no, exceeding live per cent upon the amount Of tho
recovery claim, subject matter involved.
Sec 1856. II the appel he from judgment directing tho
Fay Of money, 1t shall stay execution OF tue
Judgment, unless written undertaking be executed on
he part Of the appellant by at least two surees the
effect that the Judgment appealed from, any part
thereof be affirmed, the appellant will pay the amount
directed paid by the Judgment the part Of such
amount as to which the judgment shall be affirmed il be
affirmed only in part, and all damages which shall be
awarded against the appellant, upon the appeal.
Whenever shall be made satisfactorily TO appear TO
the court that since the execution Of the undertaking. the
suretes have become nsovent the court may rule
order require the appellant to execute, file and
undertaking above and in OF neglect 10
cute such undertaking within twenty days after the
n tue nm
derakipg the APPEAL may on motion to the court DO dis
missed with costs
AppsAL TO THE GENERAL TERM.
Sec 34s In the Supreme Court, tn Superior Court OF
the city of Eew York. and the Court Of Common Pleas for
the CITY and county Of New York. appeal upon the
may be taken to the General Term from judgment
tered upon the report OF referees the direction OF
gle Judge Of the same Court in all cases, and upon the
fact when the trial by the Court referees Such
appeal however does not stay the proceedings unless
curty be given, upon appeal TO the Court Of Ap
peas and such security renewed in required
by section 1885, motion Court Special Term or
unless the Court, Judge thereof, order, which
der may be made upon such TERMS as TO security or 9TH
erwsc may be ustsuch security not TO exceed the
mount required appeal 70 the Court OF Appeals In
the Supreme Court the appeal must be heard In the
manner II were an appeal from an inferior court.
A ACTION MAY
Sec 800 A party 70 an action proceeding be
nmned az witness in his own behalf the sime any
other Witness but such examination shall not be had
shall any other person. for whose immediate benefit the
came In prosecuted or defended be examined, unless
when the opposite party shall be the assignee admins
TRAITOR executor or legal representative Of deceased
And when 10 any action proceeding the opposite
party shall reside out Of the jurisdiction Of the Court
such party may be examined by commission issued
executed provided by law; and whenever party
person in interest has been examined under the pro
visions Of bis section the other party person IN in
terest may offer himself q witness in his behalf
and shall be so received When assignor Of thing IN
action contract is examined a witness behalf Of
any person deriving title through from him. the nd
party may offer hmEe as witness 70 the sarnc
his behalf and shall be recei we'd and
any matter that will discharge him from any liability that
the testimony Of the assgnor tends 70 render him liable
for but such assignor shni not be admitted 10 be
amncd in behalf Of any person deriving title through
from him against assignee an executor or admins
unless the other party TO such contract thing in
action whom the defendant plaintiff represents is lv
ing and bis testimony be procured for such examna
ton unless least ten days notice OF such Intended
examination Of the assgnor shall be given in writing to
the adverse party.
Sec 4Ol. ~ An application for order Is a motion.
ca Motions may be made 10 the First Judicial district
10 Judge justice out Of court, except for
the nerits-