SECTION 433. Action, when and how brought to vacate letters patent, 137. 434. Relator, when to be joined as plaintiff, 138.

435. Complaint and arrest of defendant, in action for usurping an office, 138.

436. Judgment in such action, 138.

437. Assumption of office, &c., by relator, when judgment is in his favor, 138.

438. Proceedings against defendant, on refusal to deliver books or papers, 139.

439. Damages, how recovered, 139.

440. One action against several persons claiming office or franchise, 139.

441. Penalty for usurping office or franchise, how awarded, 139. 442. Judgment of forfeiture against a corporation, 139.

443. Costs against corporation or persons claiming to be such, how collected 140.

444. Restraining corporation and appointment of receiver, 140. 445. Copy of judgment roll against corporation, where to be

filed, 140.

446. Entry of judgment relating to letters patent in records of commissioners of land office, 140.

447. Actions for forfeiture of property to the people, 140.

CHAPTER III.

Action for the partition of real property, 141.

SECTION 448. Provisions of Revised Statutes, applicable to actions for partition, 141.

CHAPTER IV.

Actions to determine conflicting claims to real property, and for waste and nuisance, 141.

SECTION 449. Actions to determine claims to real property,

ted, 141.

how prosecu

450. Action of waste abolished. Waste how remediable, 141.
451. Provisions of Revised Statutes applicable to actions for waste-

under this act, 141.

452. When judgment of forfeiture and eviction to be given, 142., 453. Writ of nuisance abolished, 142.

454. Remedy for injuries heretofore remediable by writ of nuisance, 142.

CHAPTER V.

General provisions relating to actions concerning real property, 142.

SECTION 455. Provisions of Revised Statutes applicable thereto, 142.

TITLE XIV.

Provisions relating to existing suits, 142-144.

SECTION 456. Appeal from order at a special term, on summary applica tion, after judgment, 142.

457. Writ of error in all cases abolished. Appeal substituted, 148. 458. Execution when issuable on a judgment docketed before July

1, 1848, 143.

SECTION 459. 460.

Proceeding by re-hearing abrogated. 143.
Appeals from final decrees, by a single judge, in supreme
court, in suits in equity pending on July 1, 1847, when to
be taken, 144.

461. Issues of fact in county court or common pleas before July
1, 1848, how tried, 144.

TITLE XV.

General provisions, 144-145.

SECTION 462. Definition of "real property," 144. 463. Definition of "personal property " 145. 464. Definition of "property," 145.

465. Definition of "district," 145.

466. Definition of "clerk," 145.

467. Rule of strict construction of statutes inapplicable to this
act, 145.

468. Statutory provisions inconsistent with this act repealed, 145.
469. Rules and practice inconsistent with this act abrogated, 145.
470. Judges of supreme court to make general rules, 145.
471. This act not to affect certain proceedings and statutory pro-

visions, 146.

472. Certain parts of revised and other statutes not repealed, 146. 473. This act, when to take effect, 146.

AN ACT

To amend an act entitled "An act to facilitate the determination of existing suits in the Courts of this State."

Passed April 11, 1849.

TITLE I.

Provisions relating to the Courts in general, 147–150.

CHAPTER I. Sections of the Code of Procedure referred to and applied to existing suits, 147-148.

II. Other provisions relating to existing suits, 148–150.

CHAPTER I.

Sections of the Code of Procedure referred to and applied to existing suits, 147.

CHAPTER II.

Other provisions relating to existing suits, 148.

TITLE II.

Provisions relating to Courts in the First Judicial District, 150.

INDEX.

THE FIGURES AT THE RIGHT HAND DENOTE THE PAGE, THE OTHERS
DENOTE THE SECTION.