The New York Herald Newspaper, March 2, 1848, Page 1

» FORT. NEW YORK, THURSDAY MORNING, CODE OF PROCEDURE. AN ACT To Stmplify and Abridge the Practice, in.s, and Proceedings of the Court Pload- of this Wueneas. it isexpedient that the present forms of ac- tions and pleadings in cares at common law abould be aboliehed, tbat the distinction between legal and equi- table remedies should no jonger continue, and that av ‘aniform course of proceeding, in all oxses,ehould be eatanilshed; ‘Therefore, The Peopleof the State of New York, represent- ed in Senate and Assembly, do enact as follows : Genenat Derinitions asp Divisions. Sec, 1. Remedivs ia the courts of justice acc divided into, 1, Actions, and 2 Specia proceedings. Seo 2 Au action Js a judicial proceeding, between purty and party, for the enforcement or protection of a right, the redress of a wrong, or the puniebment of a public offence Seo 8 Every other remedy is a special proceeding. Seo. 4, actions are of two Binds: 1. Civil, and 2. Criminal, Seo 5. A criminal action ls prosecuted by the State, as A party ageiost a person charged witha public offence, for the punishment Seo 6 Every otber is a civil action. Sc 7 Where the violation of a right admits of both a civil avd criminal talaga the right to prosecute the ona is not merged in the other. See 8 This act is divided into two parts. ae first relates to the courts of justice, and their ju- rirdiction. ‘The secend relates to civil ections hereafter com- menerd in the courts of this State, and is distributed in- to twelve titles. The first four relate to actions in ell the courts of the State, and tbe oibers, to actions in the supreme court, in the county courte, im the superior court of the city of New York, in the court of common pleat for the city and county of New York, in the ayers? courte of the clties of Albany, Hudson, Tioy and Rochester. and in the recorders’ courts in the citier of Buifalo and Utica; and to appeals to the court of ap- penis, to the supreme court. to the county courte, and to the superior court of the city of New York. OF THE COURTS OF JUSTICE AND THEIR JUBIS- DICTION. TITLE I. OF THE CCURTS IN GENERAL. 2 Seo. 9. The following are the courts of justice of this tate : 1 The court for the trial of impeachments. 2. The court of appesis. 3. Toe rupreme court. 4. ‘the circuit courts. 6 The courts of oyer and terminer. 6 ‘The county courts. 7. Toe courts of general sessions of the peace, 8 The courts of special eessions. 9 ‘The eurrogates’ courte. . The courts of justices of the peace. ‘The superior court of the city of New York. . Ths court of common pleas for the oity and county cf New York. The mayors’ courts of the cities of Albany, Hud- 3 Roobester. a’ courte of the olties of Buffalo and Uti 15. Vhe marine court of the city of New York. 16 The assistant jastices’ courts in the city of New York 17. Tha municipal court of the city of Brooklyn 18. The justices’ courts of the cities of Albany, Troy and Hudeon. 19. The police courts. Src. 10, These cour's shall continue to exercise the jaerisdiotion now vested in them respectively, except as otherwise prescribed by-th jt. TITLEe Ul. OF THE COURT OF APPEAL Seo 11. The court of appeals shail have exclusive ju- risdiction to review, upon appeal, every actual deterini. ation hereatter made, at w general term, by th preme court, by the superior court of the olty of New York, or by the court of common pleas for the city and cono'y of New York, in the following onses, and uo other: 1 In ajadgment in an action commenced therein, or brought there from another court ; and upon the appes! frem such judgment, to teview aay intermediate order involving the merits, and necessarily affecting the judg- ment. ~ 2 Ina fivalorder. affecting s substential right, made fo special pr. eceding, or upon & summary application in an action, afier jadgment : Bet such appeal shall not be allowed in an action ori- gipally commeno+d in a court of a justice of the peace. ‘or ia the marine court of the city of New Vork. or in an assistant jastice’s court of that city, or ia the municipal court of che city of Brooklyn, or in a justice’s court of tne cities of Albapy, Troy, and Hudson, respectively. Sec. 12. The court of appeals may reverse. affirm. or modify the judgment or order appealed from ; end its jadgwrent sball be remitted to the court below, to be en- forced »coording to law. Seo. 18. Th hall be six general terme in each year, to commence on the first Tuesday of January, Marc ', May, July, September and November, and to continue ‘until the jourth Saturday thereafter, isclasive, unless ali tbe causes ready for hearing bx sooner heard They many, however, be continued as much longer as the court shall deem eceseary Additions! terms msy also be beld. by order of the court. Seo 14, The concurrence of five judges shall be ne- Seseary, to pronounce adgment. if five do not con- vur, the appeal shall be reheard. TITLE IIL. OF THE EUPREME COURT CIRC IT COURTS, AND COURTS OF OYKR AND TEAMIN Seo 15 All statutes now in tore designation of the times and places rai and epecial terms of 7 * Ju'y 14, preme court, adopted Umea and places of holding tl terms of the court, and t] oyer and terminer, during the residue of the year Ai and for the years 1848 ond 1849, and assigning the buei- ness and duties thereof to the severe! jug the coart, trom and after the Orst day of Jury next, abrogated; and the provisions of this title are substituted in place thereof 2 Seo 16. Six general terms of the rupreme court shall be held annucly te each jadicisl district, and be con- towed at it fifveen days, uniers sooner adjourned for yess «=< They hy , be continued as meh longer as the court shail oenmary. Sve 17 The concurrence of # mojority of the judges holding » general term, shell be necessary to pronounce ajudgwent. 11 @ mejority do not concur, the case shall be reheerd. Seo 18. The number of special terms, circuit courte and courts of oyer end terminer, sonually, in the seve- ral counties. shall be as foliows :— El-ven- la the oity and coucty of New York. ‘S@ -In the counties of Albany, Erie, Kings, Monroe and Osetda Five—In the counties of Jefferson, Onondaga, Rens- Belaer and St Lawrence. Four -In the counties of Allegany, Cayuga, Chau- tauqaa,Chenango,Columbia, Delaware, Du chess, Herki mer, Madison, Niagara, Ontario. Orange, Oswego, Otee- §>, Saretogs, Steuben, Suffolk, ‘Tompkins, Ulster, Warh ington, Wayne and Weetehester. Three—In the counties of Broome, Cattaraugus, Che- mung. Clinton, Cortiand, Essex, Franklin, fulton with Hamilton, Geneeoe, Greene, Lewis, Livingston, Montgo- mery, O irane, Patnam, Queens, Riehmond, Rockland, Sohenectady, Scnoharie, Senecs, Sullivan, Tioga, War- ren, Wyoming and Yates. See. 19, Speoial terme, clrouit courts, and courts of oyer and torminer, shal be held at the same places, and commenced on the same day. Seo 2) The special term ehall contin a*journment of the clreult court; and the oo tinue itlonger, or adjoura it to any other tims or plaoe, within the connty. Seo, 21. The circutt court shall continue at least twelvo «ays, unless sooner adjourned jor waut of nese, It invy. however, be continued the court shall deem necessary. bor Seo 22 Tne court of oyer and terminer may contl- , nae, as long aa the court shell deem necessary, Seo 23 The governor shell. on or before the first day of May next, by appointment Jo writing, designate the times and places of holding the general and special terms, cireuit courts, aud courts of oyer and terminer, end the jadgea by whom they shall be held; which polatment «hall take effect en the lay of thereafter, and ehailcontinue until the thirty-first day of Deo-mber, 1849 Hy sball, in like manner, at least one month before the expiration of that time, appoint the times aud places of holding those courts, for two yrare, commensing on the first dey of January, 1850, ni #0 on, for every two succeeding years. See, 24. The governor may alsoappoint extraordinary enerai Lorine, cfrenit courts, and courts of oyer and Yerminer, whenever, in his Jadgment, the pubito good shall require it Sve 25 The places eppointed witbin the several coun- tien, ior holdiog the general and special terms, circuit courts, aud courts of oyer and terminer, shall be those demgnated by statute Jor holding county or olrcuit courts, If ® room for holding the court in such piace ball not be provided by the supervieors, it may be held in apy room provided for that purpose, by the sueriff, as preseribed by seotion 31, So 26 Every appoiatment, so mad, shall bs imme- Alately transmitted to the necretery of state, who shall osuse it to be published in the newspaper printed at Al- buoy, in whion legal notices are required to be inserted, nt jeast ones in exch week, ‘for three weeks. before the holding Ot soy court in pursuance thereof. The expense < the publication shall be paid out of the treasury of 2 State, Seo 27. The designation of judges to hold the courts, rhall be suob, a9 that not more than one-half, mor lees thun one fourth of the courts to which each shall be aa- rigped ebell be held out ef the distrigt within which be was tlroted; andso aS the judges who shall hold f® general term, one, ant, sball ait at the next suc- oneding general taco ball deliver the j ta the preceding term, in causes under advisement, cf the inability, for any eause, of @ that pazpore, to bold a special term, it court, dr sit ata general term, or preside ata oyer andterminer, any other judge may do #0. >» Seo. 29. Within ‘en cays after the expiration of every term and circuit court, the clerk shell certify tothe Governor the number of actious on the calendar. the number tried or heard, the number decided, the num- ber remaining undisposed of, and the duration of the term or circuit. Se 80 The judges shell, at all resonable times. when not engaged in holding court, transact such other business 9s mary be doue out of ccurt. One of the jnages elected in the firat judicial din rict, to be desig nated from time to time, among themrelves. shall a’- tend for that purpose, at the City Hull ia the city of New York, on every judicial day, from ten o'clook iu the forenoon uatil three o’olock in the afternoon, and longer, if the busivers require it ; and every proceading commenced before one of thoss judg:n may be continu. ed bef re - nother, with the same effect us if commenced before him Seo. 31. The supervisors of the several oounties shall provide the courts appointed to be held therein. stendants, fuel, tizhte and stationery. the supervisors neglect. the court may order the to do #0; and the expense inourred by him in carryinv the order intoeffect, when certified by the court, shall be a county charge. TITLE IV. OF THE COUNTY COURTS . All statutes now in sore fining the jurisdiction cf the county court ed; and those courts shall eno other then thet provided in the next nection. But the repes! contained in this section shall not affect any proceed ings now pending in thore courts Sec 33 The county courts shall hi the following sctions and proceedi . The exclusive poser to judgment render- in a civil action witbia their respective counties, ® court of w justice cf the peace. or by the j entrar the cities of Albany, Troy, and Hudson, re- Peotively ; 2. For th foreclosure or satisfaction of a mortgage, and the sale of mortgeged premises within the county; a3 For the partition of real property, within the county i 4 For the admeasurement of dower in real property, within the county ; 5. For the sale of the real property of an infant, when the property is situated, and the infant resides, within the county ; 6. For the care and custody of tho person and estate of person of unsound mind, or en habitual drunkard, residing within the county ; 7 For the mortgage or sale,on the application of Teligious cor tion, of its real property within the county, and the appropriation cf the proceeds thereof ; 8 In cases in which jurisdiction was vested by the Revised Statutes, in the late courts of common pleas under the provisions relating to attachments egaiost absconding, concesled, or non resident debtors. to volun- tary assigoments, made pursuant to the application of an {osolvent and bis creditors, and 10 voluntary assign. ments by persons imprisoned on execution in civil cares; 9 In proceedings for the remiesion of fines sad for jurisdiction, in FF feited recognizance! Si ‘A gent term of each county court, for the fin ring of actions or proceedings pending therein, ail be held at the places in the counties respective'y ignated by statute for holding county or circuit courts, on the first Tuesday of January, March, May July, September and November. iu each Yer, and mey contin Jong as the court deem neceseary. The court al oe deemed always open, for the transaction of avy other business Seo 35. An iseue of fact in a gooey court, shall be tried by the court, unless,on motion cf either ; arty, it shall order ajar y trial. 36 If ejary trial beordered, the court shall dl- riff to summon eighteen residents of the oor potent as jurors, to appear before the court, ‘at a time and place to be specified. Sec 37. Ajary sball be drawn from the persons so mmmoned, or if there bea defect of jurors, it ehall be supplied asin other cases. The practice appertsining to jury trials, and to the verdict of the jury, and the proceedings thereon, as in this act provided, shail in all respecte apply to euch trial. Sec 38 Nojury shail hereafter be eummonned for « county court, except as provided in the Jast section, nor shail a grand or petit jury be summoned for a court of general searsons of the peso, (except in the city and county of New York.) uoless so directed by the beard of eupervitors of the county. TITLE V. OF THE SUPERIOR COURT AND COURT OF COMMON PLEAS, IN THE CITY OF NEW YORK, AND THE MAYORS’ AND RECOR DERS’ COURTS IN OTHER CITIES. Seo 89 Thejurisdiction of the superior court of the city of New York. ofthe court of common pleas for the eity and county cf New York, of the mavors’ courts of the cities of Albany, Hudson, Troy and Rochester, and of the recordera’ cour's of the jes of Buffalo aud Utica. shall extend to tho following actions : 1 To the actions enumerated in section 103, when the cause of action shall bave arisen. or the subject of the action shall be situated, within thosecities respeotively ; 2 To all other act our, where all the defendants shal) reside or be personally secved with the summons, within those cities, respectively : 3. To actions acainst corporations, creatod under the laws of this State, and transacting their general busi- ness. or keeping an office for the transaction of business, Peed those cities, respectively, or established by ler therein. Seo 40. Tho superior court of the city of New York shall also hi power to review the jodgmenis of thr e court of the city of New York, and of the asrist courts in that city ‘he superior court of the city of New York, and the court of common pleas, for the city and county ‘New York, sball, within twenty days, appoiot genera! and spectal terms of those courts respectively, and pre ibe the duration thereof ; and they may, from timeto time. reapectirely, wlter such apoorntments 0. 42. A general term sbwii be beld by at least two of e jadges of those courts respectively, and a specia! term by a single judge. Seo.48 Judgments upor eppeal shall bo given at the general term ; all others, at the sproial term. Seo 44 The concurrence of two judges shall be neces sary to provounce a judgment at the encral term. !/ two do not concur, the appeal shall be reheard. oF THE PRACE Sro 45 The provi din sections 2 3 and 4, of the erticle of the Revised Statutes, entitled ~ Of the jurisdiction of justices’ courts,’’ aa amended by sections Land 2, of the act concerning jastices’ courts, pasead May 14 184), and the provisious contal..ed in sections 59 to 66, of the aume article, bot” inolusi' 'e repealed. nnd the provisions of this title auhstituted in plac thereof. But this repeal eball not affect any action heretofore commenced in a court of a justice of the peace. Seo 45 Justices of the p saall have civil jurisdic. tion in the following a tions. and no othe: 1. An action arisins on contract for the recovery of money only, if the eum claimed do not exceed one hua. dred dollars; 2 Anaction for damages for an injury to the person. or to real or personal property, if the damoges claimed do not exceed one bundred dollars; 8 An action for a penalty, not exceeding one hundred dollsrs, given by statute; 4 An action commenced by attachment of property as now provided by statute; if the debt or damages claim od do not exceed ooe hundred dollars ; 6 Anaction upon a bond, conditioned for the pay- ment of money, not exceeding one hundred dollars, though the penalty exceed that sum; the judgment to bs given for therum actuslly due. W the payments are to be made by instalments, an action may be brough: for each instalment, as it shall become due; 6. An action upon a surety bond taken by them. though the penalty or amount claimed exceed one hun- dred dellars Seo. 47 But no justice of the peace nce of 20 action, 1. Io which cepting for penslti exe 2 Nor where the title to real property shall come in question ,as provided by yas 43 1055 bota inclusive 3. Nor ofanection loran assault, battery, £ lee im- prisonment, libel. slender, malicious prosecution, crim: wal conversation, or esduction; 4. Nor of a matter of acoount, whore the sum total of the accounts of bovh parti:s, prored to the satis'action of the justice, shall exceed four handred dollars; 5. Nor of an aciion agulast an executor or adminis(ra- tor, as such. Seo, 48. In every action brought in a court ofa justion ot the peace, where the tlile to real property ehail come in question, the defendant may, oither with or without other matier of defenoe, set forth in his aaswer, avy mat ter showing that such title will come ta question = Such answer shall bain writing, signed by tne defendant or his attorney, and delivered to the justice The justice shall thereupon cowatersign the same, and deliver it to the plaintiff Seo. At the time of answering, the defendant chal! elit the justi ‘taking, executed by at least one sufficient sur-ty, an! approved by the jus- th feot that if th itoia thirty , in writing, of vice thereof, Wh t rested in action before the justice, the undertaking rhall further Provide, taat he will, at all times, render himselt ame- ‘Davie to the process of the court, di the pendency of the action, and to such as may be issued to eniorce the Judgment therein In case of failure to comply with the undertakiog, the surety shill be liable, not excesding beet te dollar; 1 . lelivery of the undertaking to the Justios, t! fore him shail be discontinued, and each patty shall pay hisown costs. The costs 90 paid by either party shall be allowed to him, if he recover costs aotion to be brought for thy same cause in the If no such action be brought with. iter the delivery of the undertakiag. the ‘costs before the justies may be recovered of roceed LY hall be preolu fo his defence, from drawing the title in daeston ~ Seo 52. If, however, it sppear, on the trial, from the laintiff 's own showing, that the title to real ty is in question, and such title shall be disputed by tne de- fon the justice shall dismiss the action, and the iff shall pay the ocsts. Seo 63. When a suit before a justice shall be discon- tinued, by the delivery of an answer, and undertaking, os provided in sections 48, 49 , the pleiutiff may proseoute an action for the same cause, in the supreme court, and shall complain for the same cause of notion only, on which he relied bofore the justice ; and the enswer of the defendant shall be the same which he made before the jastice Sen, 64 If the judgmentin the supreme court be for the plaintiff, he ahsli recover costa. If it be tor the de- fendant, ho sball recover costa ; except that upon ® ver _ dict herhall pay coats to the plaintiff’ uvles: the jad pente hes the title to real property came in question on the tris! Sac 55 If, in an action hefore s jus'ice, the platntif’ have several oxvsee of action, to one of which the de- fence of title to rem! property shall be loterposed and us to euch couse the defendant shall answer and deliver an undertakin, as provided in sections 4dand 49, the justice shal! discontious the proonedings as to that ‘caune. and the plaintif’ may commence wnother action in the supreme oourt therefor, Astothe other causes of ction, the jus ioe may continue his procesdiogs. Seo 56 A justiaa of the peace. on the demanu of # party in whose favor he shall have rendered « jndement shall give @ tronsoript thereof, which may be filed and docket«d in the office of the clerk of the ocunty where the judgment wes rendered Th- time of the reoeipt of the transoript by the clerk abull be noted thereon and entered in the docket; and. from that time, the jude ment ehall hi forved in th at court. A oartified tranror!, such judgme: filed and docketed in the clerk’s office of county, and with the like eff ot, inevery the county where the rendered; except. that it shall baa lien only from the time of filing and docketing the tfansenipt. Seo 67 The provisions of this act. respecting forms of action and pleadin; L apply to the courts of jus- tices of the peace; except that the pleadings may be oral. pie TITL# VIt. OF JUSTICES’ AND OTMER INFERIOR COURTS IN CITIES. CHAPT&R 1 THE MARINE COUNT OF THE CITY CF NEW YORK Seo 58 The marine court of the city of New York pe have jurisdiction in the following cases, and no other: 1 In actions i ir to those in which courts of jus- tices of the peace have jurisdiction, as provided by seo- tions 46 and 47. 2. Invn action upon the charter ora corporation of the city of N.w York, where the penalty or forfeiture eball exceed twenty-five dollars, and not ex- cord one hundred dollars. 3 Inan action between @ person belonging to a vesne) in the merchant service, and the owver, master or com- mander thereof, demanding compensation for the per- formance, or damoeges for the violation, of a contract for services dn board such vessel, during a voyege perform- ed, in whole or in part. or intended to be performed. by such versel, though the sum demanded exceed one hun- dred dollars 4 In an action by or against any person belovging to or on board ota vessel in the merchant service, for an as- sault and battery or falsy imprisonment committed on board such vessel, upon the high seas, or ina plaos with out the United States, of which the ordinary courts of law of this State have jurisdiction. though the damages demanded exceed one hundred dollars. But nothing in this or the last preceding subdivision of this section. shall give the court power to proceed 1m any of tha cases the referred to, 98 a court of admiralty or maratine jurisdiction. CHAPTER II. TANT JUSTICES’ COURTS, IN THE CITY OF NEW YOR Seo 59. The assistant justices’ courts inthe city of New York, shall have jurisdiction in the following ouses and no other: 1. In actions similar to those in which justices of the peace have jurisdiction. wided by sections 46 aud such jurisdiction, however, to be limited to oases wh he sum due or claimed, or the judgment conf-es- ed. wball not exceed fifty doll: 2 In an action upon the charter or a by-law of tho cor- poration of the city of New York, where the penalty or forfeiture shall not exceed fifty dollars. CHAPTER Itt. THE MUNICIPAL COURT OF THE CITY CF BROOKLYN. AND THE JUSTICES’ COURTS OF THS CITIES OF ALBANY TROY AND HUDSON. Seo 6) The municipal court of the city of Brock'yn and the justices’ courts of the cities of Albavy, Troy and Hudson, respectively, shail have jurisdiction in the following cases, and no other. THE 4s! 1 Inactions similar to those in which courts of jus tives of the pesce have jarisdiction, as provided by seo tions 46 and 47 2 In en action upon the charter or by-laws of the cor- porationa of their cities reroretively, where the penalty or forfeiture shall not exceed one hundred doll CHAPTER lv. GENERAL PROVISIONS. Seo. 61. The provisions of rectiona 48 to 57, both in- clus ve, relating to forms of actton and pleading, to fillog and docketing transcripts of judgments. to their effect aud the mode of enforcing them, and to proceedings where title to real property sball come in question, shal! apply to the courts embreced in this titl; +xoept. thet er the discontinurnce of the action in the iof-rior court, upon an answer of title, the new action may be brought either in tbe supreme court, or in apy other court, baving jurisdiction thereof. PART II. OF CIVIL ACTIONS. TITLE I. OF THE FORM OF CIVIL ACTIONS. Seo 62 The distinctioa batween actions at Ix svitein equity, and th ofall such action 3] lished; and, there sha!l ion, for the eoforcement or protection of private rights and the re- dreas of private wrongs, which saall bs denominated a civil sotion. Se 63 In auch action, the party complatuing shall be known as the pleintiff, and the adverse party as the de- fendant. Sac 64 Ajudgwnent recovered in any court of thir State shall not be auhject of an action between the same parties in the courts of this State; bat the remedy for ita enforcement shall bs limited to proceedings in the action in which it was recovered, or supplementary thereto, as hereinefter provided. 8-0. 65. Feigned issues are abolished; and instead therect, in the cates where the power now rxlsts to or- der a felgoed isen», or waen a question of fact, not pat fo {agua dy the plaadings, fs to de trisd by a jury, an or- der for the triai may ba made, stating. distinctly and plainly, the qacation of fact to be tried, and such order shall be the unly authority necessary for the trial. TITLE IL OF RHE T ME OF COMMENCING CIVIL AGTIONS. CHAPCRR I. THR TIME OF COMMENCING ACTIOYE IN GENERAL. So 66 The provisions contained {a the sso, third, fourth, fitth, and sixth articl-s of the chapter of the revised statutes, entitied © of actions and the times of commencing them.” are repealed, and the provisions of this title are substituted in their etead, This title shall not extend to actions already commenced, or to cases where the rizht of action has already accrued ; but the atatutes now in force shall be applicable to such oan ording to the subject of the action, and with. out regard to the form Seo. 67. The civil actions embraced within sectioo 66 can only bs commenced within the period: preserib vd fo this title, afcer the cance of action shall have ac crued, except whern in apeoic! oases, a different limita- tion {s prescribed by statute. CHAPTER IL TRE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL PROPERTY. Seo 68 The provisions of the Revised Statutes, con- tained in the article entitied * Of the time of commenc- ing actions relatiog to real property, vided by statute, oontioue in foros plicable to actions for the recovery of real property. CHAPTRR IIt. THE TIME OF COMMENCING ACTIONS, OTHER THAN FOR THE RECOVERY OF REAL PROPERTY. Sao. 69 The periods presoribed in section 67, for the commencement of actions other than for tie recovery Of real property. sbail be an follows ; Seo 70 Within twenty yorra. 1. An action upon s judgment or decree of any court of the United States, or of apy State or territory within the United States, 2 An action upon a sealed instrament for the pay- ment of monay. Seo 71. Within elx years: 1. An action upon # contract, obiigation or Ilability express or implied; excepting a sealed instrament fr the p:yment of money 2, Aaaoction upon a Itability created by statute, olhor than a penalty or forfeiture. 3 Aq action for trespass upon real propsrty. 4 Anaction for taking, detaining or injuring any goods or chattels, inoluding actions for the specido re ba tg of personal property. 6. An action for orimical conversation, or for any otner injury to the person or rights of another, not here- inafter enumerated, 6. An action for relief. on tho ground of fraud; the cause of action in such case not to be deemed to have acorued, until the discovery by the aggrieved patty, of the facta conatituting the fraud. Seo 72 Within three yeara: 1 Anaction agaiost a» sheriff or coroner, upon a ila- bility fnourred by the doing of an act in his official ca- pacity, and in virtue «f his office, or by the omtssion of 4a official duty; including the non-payment of money collected upon an executio: Bat thi ction shall not apply toan action for an ercapa 2 “An action upon ta, for a pennity or forfeit- ure, where the aptio: given to the party agariave to euch party and the people of ihis State, exorpt where tho «tatnte (mposing tt prescribes @ diferent limitation. Seo 73. Withia two years: 1. An notion for libel, slander, sssault, battery, or falee imprisonment. 2 An action upoa a statute, for a forfelture or penelty to the people of this 8 Seo 74 Within one year 1. An action against eriff or other offloer, for the escape Of a prisoner arrested or imprisoned oa civil pro- cons To an action brought to recover a balance due ‘Upon @ mutual, open and current avooun te there hha n reciprocal demands between the parties, the eaure of action shail be desmed to have accrued from oN oe Of the last item fu the account, on the adverse aide. See 76 An action upon a statute for a pensity or for- foltare, given in ‘whole ce in part to ao; mn who wi prosecute for the ee murt be commenced within year after the commission of the offence; and tf the ao j continued in the name of tue origival tion be not commenced igen yenr, by ® private per- ty to bebalf of ), 18 may be commenced , Lwo years a the people of this State,by the attorney gene: MARCH Q, 1848. ral, or the district attorney of the county where the of- fence was committed See.77, An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shell have acorued. S-o 78 The limitations preroribed In this title shall apply to actiose brought in the name of the people of this State or for their benefit, in the same,menverx as to actions by private parties. CHAPTER 1V. GENERAL PROVISIONS As TO THE TIME OF COMMENCING ACTIONS Seo 79 Anaction shall not be deemed commenced, within the meaniog of thia tirle. unlessit appear : * 1, That the summons therein was duly served upon the defendan' F one of the! ie 2 That the summons ws vered, with the intent it should be aciually served, to the sheriff of the county in which the defendants, or one of them. usually or luni resided; or if a corporation be defendant, to the sheriff of the county in which such oorporation was tebiiched by law. or wh ra ite general busivess was tra acted, cr where it kept an cfilce for the transaction of business Seo 40 If. when the oruse of action shall aosrue against & person he be out of the State, theaction may be com- menced within the term in limited, atter his retu ny to the State; and ff, afver the cause of action shall have accrued, he depart from ani resi je out of the State, the time of bis obsence shvli not be part of the time limited for the commencement of the action n sotion exsept for penalty or forfeirur "i iff or other offloer for an escape, be ct the time the cause of action accrued ither; 1. Within the age of twenty one years; or 2 losane; or 3. Imprisoned on # criminel charge, or in execution uoder the sentence of a criminal court, fora term less than hie natural li’e; or 4. A married woman: Tho time of such disability shall not be part of the ime limited for the commencement of the ao'ion Sec, 82 [fa person entitled to bring an action die ba- fore the expiration of the time limited for the commence- ment thereof. and the cause of actioa survive, his re- presentatives may commence the action after the ex- eam of that time, and within ono year from his seat So 63 Wheaaporson ehall be an alien aubjact or citizen of a country at war with the United States, the time of the continuance of the war shall not be part of the period limited for the commencement of the action Sec 84. Ifan action sball be commen-ed within the time prescribed therefor,aud a judgment therein for the plaintiff be reversed, on appeal, the plefotiff, or if he die. and tho cause of action survive, his heirs or representa- an may cama @ new action within one year alter reversal. 5 When the commencement of an action edal! d by injunction, the time of the continuance of junction shall not be part of the time limited for tha commensemont of the action Src 66. No prreon shall avail bimselfof a disability, uniess it existed when his right of action accrued. Sec 87 Whentwoor more du aball exist, the limitation shall not attuch unt: Seo 98 ease no copy of the complaiat n+ed be served on ruch defendant, unless, within the time for answering, he shall, in writing, demand the same. Seo 110 If @ defendant on whom such notice ia | ed, unreasonably defend the action, he shall pay © the plaintiff ¢.111 In an action affecting the title to real pro- perty. the plaintiff, at any time after the commencement thereof, may file with the clerk of the county in which the property in situ»ted. a notice of the pend-noy of the action, containing the names of the parties, the obj-ot of the action, and a description of the property a thereby; aod if the action be for the foreclosure of # 2 morteag: date of the mortgvge. the partina ther to, ud the time and place of recording the au sush case only ehail the p-ndency of the astion be sonstruc tive notice to # purchaser or inoumbrancer cf the pro- perty affected thereby S-o 112 The summons may bo served by the sheriff of the county where the defendant may be found, or by apy other per.on, nota party tothe action The ser- vice aball be made, and the eunimons returned, with proof of the service, to- the persoo whose name is aub soribed thereto, with all rearovable diligence Tae per- tonsub-cribing the summons may, st his option, by ao endorse: ment on the summons. fix a time for thes rvice thereof, and the s+rvics shall thea be made aocordizgly S-o 113. The summons shail be served by delivering a | copy thereof, an toilows : 1. Ifthe anit be against @ aorporation, to the prasi- dent or other heed of the corporation, secretary, cash- ter, or managing t thervof: 2 Lf agatasc w minor under the ag» of fourtesn years, | to his father, mother, or guardian, or if there be cone «i bnthe State. thea to any person having the care and control of such minor: 3 If egsinet @ person jutiotally declared to be of un- sound mind, or inoapadle of conducting his owa affairs in consequence of habitual druokenoers, and for whom a oommiites has been appointed. te such committee: |. la all other cass, to the defendant personally Seo. 114 Whon the person os whom the servios fs to be made, cannot after dus dilence, be found within the State, the plaintiff, upon av afildevit of the fact, may od- tam from #jadge of the court, or a county jadge, aa or- der that the service be made by the pabdiication of the snmmons in two newspapers, which ths judge inuy de. sign st most likely to give notice to the defendant cy oh length of time, not less than thirty the judge shall deem reasonable. In case of publication, the judi 1 also direct a copy of the suamons to be t office, directad to the de- it, at his place of dence, unless it appear to the ht oh residence is neither kaown to the part; jon, nor can with reasonable diil- | of the all be forthwith deposired in thi fend equivalent to publication, and Seo 115. Whore the action dante, any one of whom is actually summons, the pleintiff instead of service of the sum- mons, actually or by publication, on the others, as vided by sectious 113 and 114, may proceed as follo 1 {€the action be ag: several persons, joi: debted upon a contract, be may proceed agatos:: fendant served, ia the same manner, as at present, pe (irae like effect, unless the court shail otherwise rect : 2. inan action against defendants severally liable, he may amend bis complaint, of course, by striking out tho pev ment of bills. notes or other evidence: favued by monled corporations, or issued or put in oir- culation as money Seo 89 Chis title shall mot affect actions against directors or atock holders of a monied corporation, to re- cover ‘a penaty or forfeiture imposed, or to enforce a liability created, by the second title of the chap‘er of Revised Statues, entitl-d “Or incorporati ‘sotions must be brovght within six ye: isoovery, by the sgg-ieved party, of the facts upon enalty or forfeiture attached, or the liability was or-ated Seo 9) Where the time for commencing an action arising on contract shall have expired, the cause of action shall not be deemed revivel ny an ackoowiedg. ment or new promise, unless the same be ia writing, sub scribed by the party to be charged thereby. TITLE Jil. OF THE PARTI£S TO CIVIL ACTIONS, Seo 91. Every action must ba prosecuted in the name of the real party in interest, except as otherwise pro- vided in section 93 See 92 1a the case of an assigoment of » thing in ac- tlon, the action by the assigaee shail bs without preju- dice to avy defence existing at the time of the asiga ment; but this rection shall not apply to a promissury note or hill of exchange Seo 93 An executor or administrator, a trustes of an express trust, or a person expressly authorised by 8: tute, mey rue without joiuing with him the persons whose benefit the suit is prosecuted Ste. 04 When a married women isa party, her hus- band must be joined with her, except that, 1, When tbe action concerns her separate property, she en rue 2, When the action is between herself and hor hne- baud. rhe bay sue or be sued alone £8co 95. When an infant ina party, he must sppear b: be appointed by tne court im which ausrdian, who m: tbe action se pr Th 1, When the infaut ie piaiatid, upon ti the infant, if be be of the age of fourteen years, or if un- der that age, upoa the petition of some otber party!to the suit, cr of a relative or friend of the infant : 2 When the infant is def ndant, upon the petition of the infaut, if ho be of the sgs of fourteen yea: ply witbin twonty days after the service of the summons [fhe b+ under the age of fourteen, or neglect a0 to apoly. then, upon the petition of any ocher party to the action, or of @ relative or friend of the infant, ‘Seo. 97, All pereons hav ng an {interest in the subject of the action and jn obtaining the rellef demanded, may b+ joined as plaintifis, except as otherwise provided io this title. Sc 93. Any person may be made s party defendant, ive? Ler ha interest in the controversy, adverse to the plainti Seo 99 Of the parties to the action. those who are united in interest, must be joined es plaintiffs or defen dants ; bat ifthe consent of any one, who should bave been joined as plaintiff. cannot be obtained, be may be made a defendant, the reason thereof being stated in the complaint S-c. 100 Persons severally liable upon the same obdli- gation or instrument. including the parties to bills of ex- change and promissory notes, may, all or any of them. be included in the skme action, at the option of the plaintift See. 101. No action shall abate by the death, marrieg+ or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or con- tinue. Im case of death, riage, or otber disability of * party, the court, on motion, at any 'ime withia ove year thereafter, may allow the action to be continued by or against his representative or successor in toterest. Ip case of any other transfer of iaterest. the ection shall be arty ; or tie anrfer is wade court may allow the person to whom the to be substi uted in the action Seo 102 When a comp'e'e determination of the con- troverey cannot be had without the presence of other order toem to be broaghtin, by an amendment ef the complaint, or by & supplementa: compiaint, and » new summons. TITLE IV. PLACE OF TRIAL OF CIVIL ACTIONS tions for the following causes mast be tried in the oounty where the cause thereof atose, or in which the subject of the action, or some part thereof, is situ , Subject to the power of the court to change the place of trial, in the oases provided by statul 1 the recovery of rea! proporty. or of an estate or interest therein, or for the determination, in any form, of pe right or interest, and for ipjariea to real pro- perty 2. “For the partition of real property. 3 For the foreclosure ofa mortgage of real property. 4 For the recovery of personal property, distraiued for any cause. 6. For injaries to the person or personal property. 6. For the recovery of a penalty or torfeitura imposed by statute; except, that whea it is imposed for an or- fences committed on a luke, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river or stream. avd opp site to the place where the offence was committed 7 Against a public offlver or person specially appoint- ed to exeoute bis duties, for an act done by him tn vir tus of bis office. or against a person, who, by his com mand or fa bis aid, ehail do anything touching the du- ties of euce officer Seo 104, Im all other cesses, the action shall be tried in the county in which the patties, or any of them, shall reside at the commencement of the aotion; or if none oi eet shall reside in the State. the same may be tri din avy county which the plaintiff shull designat in bis completo, subject, however, to the power of the court to change the piace cf trial, fn the cases provided by statute, Sec 108 If the county designated for that purpore in the comptaint, be not the proger county, the action msy, notwithstanding, be tried therein. unless the de- fendant shall, betore the time for answering exire, de- anna in writing that the trial be had in the proper county. TITLE V. OF THE MANNER OF COMMENCING CIVIL ACTIONS. Sro 106 Civil actioas in ths courts of record of this State, shall be commenced by the service of a summons So 107, The summons thsll be subscribed by the pleiatiff. or his attoragy, and directed to the defendant, and shail require him to answer the complaint, aod serve @ copy of his acawer on the person whore name ig sabscribed to the summons, at a place within the State, to betherein specified, within twenty days after the service of tha summons, exclusive of the day of servos. seo, 108. The plaintiff shail also insert in the sum- mons notice, Ia substance as follows: — 1, la aa actton arising on covtrast, for the recovery of money only, that he will take judgment for a sum spevified therein, if the defendant full to auswer the complaint. 2. Io other actions, that if the defmdant fail to an- swer the complaint, the plaintif will apply to the court, speciiied time and piace, (+ ‘expiration of the for answering) for the reli ded in the com- \t Sec 109 A copy of the co the summons, exespt, that at whom no personal olaim i, in an aotio rtitien of real property, or for the foreslorure the plaintiff may, instead «fs onpy of the ‘int, deliver to each defendent, with the summons, a not ce subscribed by the plaintiff, or his attorney. set- ting forth the tal orjeot of the sotion. & brief de- | aint shall be served with the of a defendant the name of the other defeadants, and may proceed against the defendants served. Seo. 116 Ia the cases mentioned in the two last sec- tions, the service of the summons shall be deemed o »m- plete, at the expiration of the time prescribed by the or- der for publication Seo 117 Proof of ths service of the summons, and of the complaint or notice, if any, acoompanyiag the seme, shall ba 9s follows; 1 Ifeerved dy the sheriff his certificate thereof; or 2, If by any oth r person, Lis afl lavit thereof; or 3 imcsse of publication the affidavit of the priater, or bis foreman, or principal cloru, showing the same ; and an affidavit of a deposite of » copy ot the summons in the post offlee, if the same shall have been deposited ; or 4 The written admission of the defendant : of actual service, the certificate the time and piace of the service. TIT Vi. OF THE PLEADINGS IN CIVIL ACTIONS. CHAPTER I. THE ComeLainT. All the forms of pleadiog heretofore existing abolished; and b reafter, tha forms of plesding in iL actions. and the rules by whieh the suMfstency of the pleadings isto be determined, shall be thoss which are prescribed by this act. So 119. Tho tices plesding on the part of the piain- Uff, isthe completat Sec. 120 ‘The complaint sball contain : 1 The title of the cause, specifying the court in which the action is brought, the name of the county in which the plaintiff desires che telal tabs had, and tue names of the parties to the action, nlaintif! ang def-ndant: 2 A statement of ths facts constitating the cxuse of action, io ordinary asd concise iauguage, without repa- ution, and in suck a manger as to et je a "p-reon of common understanding ic know what ia iatendod : 3 A demand of the relief. to which the plaiatif sup- poses himecif entitled. if the recovery of money be demanded, the amount thereof shall be stated. CHAPTER II. THY DEMUARER. See, 121, The ouly pleasing on the part of the de- fendant, is either a demurrer or an answer. It must be served within tirenty days after service of the copy of che complaint, . Seo 122 The defendant may demur to the complaint, | when it shall appear upon the face thereot, either : 1. That the court has no jurisdiction of the parson of the de‘endant, or the subject of the action ; or the plaintiff bas not legal capaoizy to sue; or | t thers is another action pending between the ties, forthe eame cause ; or t there is @ defect of parties, plaintiff or de- fendent; 01 5 oT Seo 118. to constitute a cause of action | Seo 123 demurer shall distinotly specity the grounds of obj-ction to the complaint. Unless it da #0, it may be disregarded. Ms Seo 124, After @ demurrer, the plaintif? may amend of conrns, and without costs, within tweaty days Up n the decision of the aemurrer. the court muy, if jascios | Tr quire it, allow the plsiotiff to amend, or ihe defendant | to withdraw hia demurrer and to ant . | See 125. If the complaint be umeaded a copy thereof | mort be served Oa tusdefeadvat, who mast waswer it | witbia twenty days. or the platatiff upon filing with the cler’ an fii Javic of tho servios, and of toe d:fsadent’s | omission, may procerd to ootuin judgment, as provided | by rection 202; but where an application to the cour: for | judgment is necessary. eigut days’ votive thereot must | 00 given to the defendant, | Seo 126 Woen uny of ths matters enumerated in s20 tion 122 do not appear uj oa th f the complaint, the objection be taken by or Bec 127. If no such objection be taken, eit hor by de- murrer or answer the defendantehall be deemud to have waived the exorpting suly the objsctioa to the Jarisdiction of the court over the subjeo: of the action ; | ad the ebjection that the complaint not at facts suficient to constitute @ cause of action. CHAPTER II. THE ANSWER ! Seo. 128, The answer of the defendant shall contain: | 1 Jo respect to each allegation of ths complaint con. | troverted by the defendant, a xpecido denial thereof, or of any knowiedge thereof sufficient (o form a belief ; 2 “A statement of any new matter constituting a de- fence, in ordinary and concise language, withont repeti- tion, and io such a manner as to enuble a person of com- mon understanding to know what is intended. Sea, 129. ‘Tne defendant may sot forth in his answer as many grounds of def-nce as ne shail bave They ahsll be nepareately stated, ‘efer to the causes of action which they Jed to answer, in opy manner by which they may be intelligibty d: gulabed Seo 180 If the acewer set up new matter, which {x not replied to as pri Ain the next sectron, and the sotion | be tried on complsint and wer alone, be given thereon for the plaintg, the cour: Smsy perait the defeodant to withdraw or amend the auswer, upon | suoh terms as shall be jast | CHAPTER IV. THE REP Ses. 131 When the answer snail contain new matter, | the plaintiff may, within twenty a reply to it, deny- fog partionteriy eecn at rion controverted by him, or any Knowledge therrot sofll:ieat vo form a belief; aad he may allego fa ordinary and concise language, with- out repett.iow, aud in sash a manner as to euabie a per- sou of common uaderstanding to know what is intended soy new matter mot inconsistent with the complaint, in | avoidance of the answer. jee. 132, No other p complaint, wer cad reply. S40 133’ Every pleading ravet bo subsoribed by the party, or his attoruey, and the complaint, answer and reply. must be verided by the party, lis agent or attor- m oO the effect that he believes it to be trae, Bat the v tion may bs owitied, whea the par'y would be privileged irom testifyiag, as» witness, to the same mat. ter And no pleading, voritied as herein reqrired anall be used ia prosvoucion ogsiast the party, as proof of « misted of alleged ia such pleading Seo 154 Neither presamptions of law, nor matters of which judicial notice is takea, need be stated in « ploadiog 20 195. It shall not be necessary for a party toret forth in @ pleadiag, ths items of an account the: leged, where they exoeed twanty in number, deliver to the adverse party, withia ten days, demand thereof in writing, @ copy of the acocuct veri | fled by bis own oath, or that of his agent, or attorney, to tha effvct that be believes it to be ‘rue, or be preci: | ded trom giving evidence thereof. Seo. 130 [a the construction of a pleading, for the purpose of determining its effot, iis allegations shall be liberally oonstraed, with a view to substantial justios be- tween the parties. 0, 137. If ierelevant or redundant matter be in- terved fa & pleading, it mey be stricken out, om motion of rh jing a judgement or cther determioa- tion of » court, o¢ officer of special jurisdiction, it aball ‘Tot be necessary to state the facts conterring jurisdietion, judgment or det y Mens ailegecion be ‘overted, ths party pleadin’ shall bs bound (o ea} soription of t! bye ription of Bah aa poo tablish on the trial, the facts eonter: Jurisdiction. . 189 In pleading the of conditions * of the. 6 That the complaint does not state facts suificient | 4 | prosperous farm mination may be stated to | Bi dent, im a contrac’, It shall not be mecessary t state toc facts, showing sash performanos; bat it miy be stated censrally, that the party duly perfoerrd ait the conditions on his part; and ifsush al egation by oon- troverted, ths party pleading ahall be bowud to establish on the trial. the fects showing auch performsaos. Seo 140. In pleading a private siatute, or aright dis rived therefrom, it shall be *uMolent to rafar t> sas atatute. by its title and the day of {ta pissygs, and the court shall thereupon take judicial See 141 [a an astioa for! he necessary to state iu th facts, foc cha purpow of sho ving the ao iff, of the defamatory matter ou of nation arose of wish the trial, that it was ao published or spoken Sao 142 In tha actions mention | in thy last sation, the defaad both the trath . dary mitigat- to radios ths smuat ae a OF s circum. ing elroums’ances eufficiva’ ia le of damages; and whather he provs chy j not he may give in evidencs the mitigas stances S10 143. The plainti®’ may nite several oats of ao- tion in the sams complal st, where they all ars+ out Of, 1 Contract exoress or Implied ; or, 2 [+f artes by forces. to pers ya or property ; oF, 3 (juries without forse to person or property ; OF, 4, Injuries t» character; or 5 Claime to reareee sai or rperty, with or witrows damagen tor the withholding thereof; or, 6 Claims to recover parronal property, withor without damazen for the wichho'diag thereat; ar, 7 Claims against « trastes by virtue of a contract oF by operation of law But the caunes of astion, so uvited, muit all batong to one only of then classes, and most equally aff of all the parties to the action, and uot require different places of trial Seo 144 Every material a'lezation of the complaint, notep cifically controverted by the answer, as prescribed in svotion 123; and every material allegation of new matter in the answer, not specifically controverted by tre reply, a8 presoribed iu section 131, shall for th» pur- poses of the aacion, be taken astray, Bat the allegation of new matter ina reply, shail not ia say respect con- clude the d-fendeat. who may on the trial avail himself of any valid objection to its sufficiency, ay counter- vail it by proofs, either In direct denial or by way of avoldacoa, CHAPTER 1V. MISTARES IN PUA! pleadia; \d the proof, shall b» deomed material, naless It have actually misled the udverse party, to hie preja- ,dios,in msfntaining his action or defeace, upon thi merits. never it shall bs alleged that a bron no misled. that fact shall ba proved to t tion of jthe court, by aflidevit. showing in what respect he bas been » isied ; and thereupon. the court may order the pleading to be amended, upon auch terms as shall be ast. Seo, 146 Whore the variance fs not materi vided fa tho last section, the court may direct the fact to be fouad according to the evidence, or may order an immediate amendment, without ccste Sec. 147. Where, howaver, the allegation of the caute of action or defeace to which the prof is directed fs un- true, notin some parti: ular or paccieulurs only, but im its eatire scope and meaning, it shall not bed-emed ® cass of variance, within the last two asctions, but # fail- ure of proot —Seo. 143 Avy pleading may be amended by the party Of course, without costs, and without pr-jadica to the proseedings already had, at any time before the period for answering it shall exvira, [a sach case @ copy of the amended pleading shall be served o the udverss party. ‘Soa, 149. The court may, at any time, in furtherance of jastios. and on such terias.as may bs proper, agiend any pieading or proceeding, by adding or striking out the nams of any party, or by correctinga mistake in the rt f a party, or a mistake in wny other respect, or by inserting other allegations material to the ca-e, or by oonformiog the pleading or proceeding to the fac! v= ed. whenever the amendment sh ill not change suds an- tially tas cause of action or defence Seo 150 When the plaintifanail be ignoraat of the nawe of defca taut, gach detendant may be designated ic any pleading or proceeding, by avy pame bis trae nem: shall bo discovered, the pleading or pro- ceeding may be amended accordingly Seo 151 The court shall, in every stage of an action disregard any error, or defect in the pleadings or ovediags, #@hieh shail not t the sudsteatial rights of the adverss pariy; avd ac jadgment shall ba reversed or affected by resson ofaued error or difeo?. Seo 102 Tho plaincif aad defendant respectively, may ba allowed, on motion, to make # supplemental complaint, answer or reply, sileging facts material to the o100, occurring after the former complaint, answer or reply. Res {To be continued.) Police Inteiligence. Doings at the Turahe.—A ragged looking black fellow, with a vicious looking countenance, called Bsn Moore, was brought before Justice Drinker, yesierdsy morning, by officer Corneen, of the 6th ward police,on # eharge of breaking the wiodows of an Irish women, by the nawe «f Mrs. Lindsey, residing ina litils cellarsituated in Leonard street near Orangs Maaisrnate —Well, Mra Lindsey, what charge do you maks agsiust this black man ? Mra Linpsey—This men, please your honor, met me last night, as I went to the pump. and called ms eut of ad followed me to my lit'le place, and broke nd abueed merbamefully Maaisraate —What bave you to say to this, Ben? Nxoao —[ atopa wid dis woman, Jutge; and ba acquainted wid her for de iast fi years gives her pritty much ail { makes, ani ight I west out to get haifa pound of suger, and when I come back, [ found she hsd @ Datcbmen wid her, and dis Dutob- fire at him wids atill bleeding went right through the g dow was broke. I ii [always does tor cou. I gives her (earns, aod | earns money bouvet; { have got jde sugarin my pocket, what I bought for her last n'gal Magieteate you, tans you ti Neoao—Wor, wor, yes Judge, mistake MaGistaata—Well, B self by living with this Neoao -Yes. sir. | kaows [ has werry much disg myassit; bat she coszed me to doso; | have know! lor fit# or #ix yarn. Macistaate -Tais complaint isone of thore that [ seldom cau eaertain f) if a white women fs 80 lost to deonnoy, ua to cohabit with a dirty biack animal like Unie, aud 40 far debaced io morsis as to associate with sub creatures, auch omplainte will meet with bat very little sympathy; tLerefore, | ehall dismiss the obarge upoa th prom sv of the negto Keeping sway from the ptemises to tu ure. Chis tus negro agreed to d> pon being allowsd his fryiog pan and two baskets, which Mrs Lindsey still hid ase Riad cf collateral for some little washing she nad dons for her cher omi, Ben Moore Tae parties ivf¢ the court room, Mrs Lindsey looking down ia « bashful manner, having got considerably the worst of the investigation. Law inte! Count Caranpan—Tais Way. on Pleas—First Part—75, 77, 81 87, 89.91, 93, 95, 97, 99 | Second Part— 404, 106, 110, 112, 120, 122, 124, 126, 130, 136, Surneme Court oF THE p Srarze, Feb 20.— No. 89. theodore Lewis, et ai pellanta, ve Jol Baird, etal ‘he argument of this cause waseoncluded by Mr. Ewing for the appeilat Misce A tornado parsed over in ths neighborhood of Mon} gowery, Alebama, on the afternoon of the 2ad of Febra- ary, doing mush damege. Buriirgton Bay is now nearly clear of for, and veseels can arrive and d+ parc in safely —Homilton (U. C) Spectacor, Feb, 26/4 Though in the midst of the months of winter, the weather has been so mild that the elm trees have begun to bad, and would seem to indicate that spring ls near at hawd.— Cherokee Advocate, Jun Bist Sanrrory Suavey or tne Scare or Massacnu- sets.—A petition for a sanitory survey of the Btate, has been presented to the Marsachwaet ts legrsia~ ture. Tho memorial contaias sous curious s'stiettoal facts:—Ia Dorobeater, during more (haa a or of & oautacy, the average longevity of wil tlie memoers of the poor families, was 37 years and five mouths, sud of the 45 years ands months Sinlar re- from the examination of the bills of ord for 63 years, aud of Brookline for 8 In Boston, the uversge ego of those who were buried in the Cacholis cemetery, waa 13 years, 6 months and 9 days, w tbat of all who died in the city was 22 years, 8 months sod 19 days The averoge duration of Iie varies in different comaties. In the yeas 1844 aod 1845, the sverage age of those who died im Fraanito, was 33 years ond 19 months and a4 ders a Piymouth, & little over 34 yeare; ta Hamp- Ls beent in Kasex, over 2; In Brie- Berksbice, over 33; tol F “ den, Woreer er and Barpstadle, over 31; in Duksn and Nantucket, over 0; in Middierex, 28 years, 2 mv and 92 days, ead in Boston, oaly 22 years, 3 nd 19 days iar ation to thy effect of manufactarrs, their eff ot upon hevith aud lite, @ table is gives owing, that ia twenty-four cities end manufactur towns in this Stato, che population inoreased 102 per cont years 1320 and 1940, while ta the rest of t inorense was only 20 per cent. In 22 cit States the increase was 169 per cent, w! antry it wos only 72 per oent and health - whether the the country to live in the denser villeges or com) eojoy as touch health and sirengta, sad they could if they had remained home—wi foflaence of chemtval laboratories, paint works, lead works, tanneries, balcheries, gat works, Ko —are quee- tions of iuportanse. Facts show that deneit, Pr lation is unfavorable to health and Life, relation to the longevity fa Satolk ond counties go to ehow this in the conutry England iu the years 1899 wud 1899) where the pepul wen 9.6 to the rqeare milo, tho rumbar of de: annuslly wns one in 64, while, iw ta city district B population of 6 04o to ® equate valle, the pomber © ope to 32