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PART III. Entry of judgment relating to letters patent in records of

$ 446. Such secretary shall thereupon, if the record relates to letters patent, make an entry in the records of the commissioners of the land office, of the substance and effect of such

judgment, and of the time when the record thereof was sioners of docketed, and the real property granted by such letters patent, land office.

may thereafter be disposed of by such commissioners, in the

same manner as if such letters patent had never been issued. Actions for S 447. Whenever by the provisions of law, any property, property to real or personal, shall be forfeited to the people of this state, the people. or to any officer for their use, an action for the recovery of

such property, alleging the grounds of the forfeiture, may be brought by the proper officer, in the supreme court.

forfeiture of

CHAPTER III,

Provisions of Revised Blatntes, applicable to actions for parti. tion.

ACTION FOR THE PARTITION OF REAL PROPERTY.
Sec. 448. Provisious of Revised Statutes, applicable to actions for partition.

$ 448. The provisions of the Revised Statutes relating to the partition of lands, tenements and hereditaments, held or possessed by joint tenants or tenants in common shall apply to actions for such partition brought under this act, so far as the same can be so applied to the substance and subject matter of the action, without regard to its form.

22 B., 367; 11 Ab., 455; 2 Ab., 7, 17.

CHAPTER IV.

claims to

ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY, AND

FOR WASTE AND NUISANCE.
SEC. 449. Actions to determine claims to real property, how prosecuted.

450. Action of waste abolished. Waste, how remediable.
451. Provisions of Revised Statutes applicable to actions for waste, under this act.
452. When judgment of forfeiture and eviction to be given.
453. Writ of nuisance abolished.

454. Remedy for injuries heretofore remediable by writ of nuisance. Actions to $ 449. Proceedings to compel the determination of claims determine

to real property, pursuant to the provisions of the Revised perty, how Statutes, may be prosecuted by action under this act, without proxecuted. regard to the forms of the proceedings as they are prescribed by those statutes.

24 B., 410; 18 B., 332; 6 How. P. R., 372; 42 B., 304 ; 38 B., 95; 25

How. P. R., 289. Made applicable to married women by Laws of

1864, ch. 219. Post, vol. 6, p. 243. Actions

$ 450. The action of waste is abolished, but any proceeding abolished.

beretofore commenced, or judgment rendered or right acquired, Waste, how shall not be affected thereby. Wrongs heretofore remediable remediable.

by action of waste, are subjects of action as other wrongs, in which action there may be judgment for damages, forfeiture of the estate of the party offending, and eviction from the

premises. 26 B., 413; 22 B., 367; 11 B., 598; 25 N. Y., 257. Provisions

S 451. The provisions of the Revised Statutes relating to of Revised Statntes the action of waste shall apply to an action for waste, brought to action for under this act, without regard to the form of the action, so this act.

far as the same can be so applied. 26 B., 413; 25 N. Y., 257.

of waste

waste under

CIIAP. XI.

to be

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$ 452. Judgment of forfeiture and eviction shall only be when given, in favor of the person entitled to the reversion, against dement of the tenant in possession, when the injury to the estate in and evic reversion shall be adjudged in the action to be equal to the given. value of the tenant's estate, or unexpired term, or to have been done in malice.

26 B., 413. $ 453. The writ of nuisance is abolished; but any proceed- Writ of ing heretofore commenced, or any judgment rendered, or abolished. right acquired, shall not be affected thereby.

24 B., 410; 22 B., 367; 16 B., 568; 39 B,, 402; 25 How. P. R., 289. $ 454. Injuries heretofore remediable by writ of nuisance, Remedy

for injuries are subjects of action, as other injuries, and in such action heretoforo there may be judgment for damages, or for the removal of the by wiit of

nuieanco. nuisance, or both.

24 B., 410; 16 B., 565; 39 B., 402.

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CHAPTER V.

REAL

GENERAL PROVISIONS RELATING TO ACTIONS CONCERNING

PROPERTY.

SEC. 455. Provisions of Revised Statutes applicable thereto.

$ 455. The general provisions of the Revised Statutes re- Provision, lating to actions concerning real property, shall apply to Statutes actions brought under this act, according to the subject matter thereto. of the action, and without regard to its form.

23 B., 235; 22 B., 362; 21 B., 265; 18 B., 499; 14 How. P. R., 440; 13

How. P. R., 37; 12 How. P. R., 402; 4 Ab., 308; 43 B., 263 ; 26
How. P. R., 289.

TITLE XIV.
PROVISIONS RELATING TO EX TING SUITS.
Szo. 456. Appeal from order at a special term, on a summary application, after judgment.

457. Writ of error in all cases abolished. Appeal substituted.
458. Execution when issuable on a judgment docketed before July 1, 1848.
459. Future proceedings, Code to control.
460. Appeals from final decrees, by a single judge, in supreme court, in suits. in

equity pending on July 1, 1847, when to be taken.
461. Issues of fact in county court or common pleas before July 1, 1848, how tried.
$ 456. The appeal, mentioned in section 9, of the act to Appeal
facilitate the determination of existing suits in the courts of at a special
this state, may also be taken, from an order, made at a spe- summary
cial term, on a summary application in an action after judg- after judg
ment, when such order involves the merits of the application, ment.
or some part thereof.

$ 457. No writ of error shall be hereafter issued, in any write it all case whatever. Wherever a right now exists to have a re- cases abo view of a judgment rendered, or order or decree made before the first day of July, 1848, such review can only be had upon Appeal suban appeal taken in the manner provided by this act, and all appeals' heretofore taken from such judgments, orders or decrees under the provisions of the Code of Procedure, which are still pending in an appellate court, and not dismissed,

lished.

PART III.

Execution when issuable on a judgment docketed

1.

Future pro ceedings, Code to control.

shall be valid and effectual. But this section shall not extend the right of review, to any case or question to which it does not now extend, nor the time for appealing, nor shall it apply to a case where a writ of error has been already issued.

$ 458. An execution may be issued without leave of the court upon a judgment docketed before the first day of July,

1848, or now or hereafter to be rendered in an action pending before July on that day, at any time within five years after rendering of

the judgment.

S 459. The provisions of this act apply to future proceedings in actions or suits heretofore commenced and now pending, as follows:

1. If there have been no pleading therein, to the pleadings and all subsequent proceedings;

2. When there is an issue of law or of fact, or any other question of fact to be tried, to the trial and all subsequent proceedings;

3. After a judgment or order, to the proceedings to enforce, vacate, modify or reverse it, including the costs of an appeal.

Whenever the judges of the supreme court in any district find that the court, at any term or circuit, has not been, or will not be able to dispose of all the cases upon the calendar, they may request the governor to assign other judges, and, if necessary, appoint extraordinary terms and circuits for the purpose of disposing of such cases. The governor may thereupon make such assignment, and the judges assigned must hold courts accordingly.

As amended by Laws of 1851, ch. 479.
19 B., 531; 14 B., 570; 13 B., 92; 14 How. P. R., 187; 4 Ab., 359; 2 Ab.,

163; 1 Ab., 119, 181. Appeals $ 460. An appeal may be taken from any final decreo decrees by a entered upon the direction of a single judge, in any suit in, single Judso equity pending in the supreme court, on the first day of July, saits pend. one thousand eight hundred and forty-seven, at any time ing ori July

before the first day of November, one thousand eight hunhow taken. dred and fifty-two. But this provision shall not apply to

cases where a rehearing has already been had or ordered, or to the case of a decree entered before the passage of this act, and to review which no attempt in good faith has been, or shall have been, made within thirty days after notice of the entry of such decree. Such appeal shall be taken in the manner provided in sections three hundred and twenty-seven and three hundred and forty-eight.

In all cases of appeal to the court of appeals, in actions which were originally commenced in the late court of chancery of this state, the court of appeals shall review the cause upon the facts and the law, without any statement or specification of facts found, or any exception taken, at the trial of any or either of them. And it shall be, and is hereby declared to be

1, 1847, when and

CHAP. XL

court or common

wise agree.

the duty of the court of appeals, in any and all such cases, to review the whole matter upon the evidence as well as the law.

As amended by Laws of 1851, ch. 479; 1852, ch. 392; 1858, ch. 306.,

19 N. Y., 530; 10 N. Y., 389; 4 How. P. R., 145; 28 N. Y., 108. $ 461. An issue of fact joined in a county court, or court of Jesne

of common pleas, before the first day of July, one thousand county eight hundred and forty-eight, or then pending in that court on appeal, shall be tried by a jury, unless the parties other- Pleast best

1848, how

tried. TITLE XV.

GENERAL PROVISIONS. SEC. 462. Definition of “real property."

463. Definition of " personal property." 464. Definition of "property.” 465. Definition of " district." 466. Definition of " clerk." 467. Rale of strict construction of statutes inapplicable to this act. 468. Statutory provisions inconsistent with this act ropealed. 469. Rules and practice inconsistent with this act abrogated. 470. Judges of supreme court to make general rules. 471. This act not to affect certain proceedings and statutory provisions. 472. Certain parts of revised and other statutes not repealed. 473. This act, when to take effect. $ 462. The words “real property,” as used in this act are Definition

of " real co-extensive with lands, tenements and hereditaments.

property." 9 N. Y., 148; 2 Ab., 235. $ 463. The words “personal property," as used in this act, Definition include money, goods, chattels, things in action, and evi- sonal dences of debt.

perty. 9 N. Y., 148; 2 Ab., 234. $ 464. The word “property,” as used in this act, includes Definition

of "proproperty real and personal.

perty." 9 N. Y., 148; 30 B., 61; 12 Ab., 60; 10 Ab., 88; 2 Ab., 234, 247. $ 465. The word “district,” as used in this act, signifies Definition judicial district, except when otherwise specified.

trict." $ 466. The word “clerk," as used in this act, signifies the Definition

of clerk." clerk of the court where the action is pending, and in the supreme court, the clerk of the county mentioned in the title of the complaint, or in another county to which the court may have changed the place of trial, unless otherwise specified.

6 How. P. R., 191. $ 467. The rule of common law, that statutes in derogation Rule of of that law are to be strictly construed, has no application to struction of this act.

applicablo 16 B., 510; 38 R., 421. S 468. All statutory provisions inconsistent with this act, Statutory are repealed; but this repeal shall not revive a statute or law inconsistwhich may have been repealed or abolished by the provisions en les maleta hereby repealed. And all rights of action given or secured by repealed. existing laws, may be prosecuted in the manner provided by this act. If a case shall arise in which an action for the

pro

of "dis.

statutes, in

to this act,

PAT III.

act abro. gated.

what court to make

enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this act, the practice heretofore in use may be adopted so far as may be necessary to prevent a failure of justice.

19 N. Y., 492 ; 22 B., 367; 15 B., 604; 19 How. P. R., 565 ; 15 How.

P. R., 226; 13 How. P. R., 131; 8 How. P. R., 526 ; 5 How. P. R., 126; 12 Ab., 182, 389; 11 Ab., 227; 1 Ab., 455; 31 How. P. R.,

499; 30 How. P. R., 211; 25 How. P. R., 182. Rules and $ 469. The present rules and practice of the courts, in civil practice in. covsistent actions, inconsistent with this act, are abrogated; but where with this

consistent with this act, they shall continue in force subject to the power of the respective courts to relax, modify or alter the same. 10 N. Y., 503 ; 8 B., 657; 14 How. P. R., 95 ; 12 How. P. R., 156; 10

How. P. R., 85; 13 Ab., 423; 12 Ab., 182; 9 Ab., 103; 7 Ab., 72, 94, 362; 6 Ab., 69; 4 Ab., 59, 250; 1 Ab., 2, 263, 357, 455; 16

Ab., 271. Judges of $ 470. The judges of the supreme court, of the superior

court of the city of New York, and of the court of common wles, and pleas of the city and county of New York, shall meet in

general session at the capital in the city of Albany, on the first Wednesday in August, one thousand eight hundred and fifty-tuyo, and every two years thereafter, and at such sessions shall revise their general rules and make such amendments thereto, and such further rules not inconsistent with this Code as may be necessary to carry it into full effect. The rules so made shall govern the supreme court, the superior court of the city of New York, the court of common pleas for the city and county of New York, and the county courts, so far as the same may be applicable.

As amended by Laws of 1851, ch. 479; 1852, ch. 392. 19 B., 591; 8

B., 354, 657; 17 How. P. R., 383; 6 How. P. R., 50; 10 Ab., 360. This act not $ 471. Until the legislature shall otherwise provide, the terrain pro. second part of this act shall not affect proceedings upon manand barn. damus, or prohibition ; nor appeals from surrogates' courts; tory pro except that the costs on such appeal shall be regulated and

allowed in the manner provided in section 318 of this act; nor any special statutory remedy not heretofore obtained by action; nor any existing statutory provisions relating to actions not inconsistent with this act, and in substance applicable to the actions hereby provided ; nor any proceedings provided for by chapter five of the second part of the Revised Statutes, or by the sixth and eighth titles of chapter five of the third part of those Statutes, or by chapter eight of the same part, excluding the second and twelfth titles thereof, or by the first title of chapter nine of the same part; except that when in consequence of any such proceeding, a civil action shall be brought, such action shall be conducted in conformity to this act; and except, also, that where any particular provision of the titles and chapters enumerated in this section shall be plainly inconsistent with this act, such provision shall be deemed repealed. In actions or proceedings by maudamus, amendments of any mistakes in the process, pleadings

visions.

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