are performed by each of these judges at chambers-such as granting orders. Other duties are performed in a special term of the court-such as hearing the argument of motions. The trial of actions is heard in the Supreme Court at a circuit. When the Supreme Court try criminal actions, it is known as the Court of Oyer and Terminer. In exercising the powers already mentioned, the court is held by a single judge. There are at least four general terms of this court, held by three judges in each judicial district. Appeals may be taken to the general term, from the trial, by a single judge. The general term may affirm, reverse, or modify the decision of the court below. The concurrence of a majority of the judges holding the general term is necessary to pronounce a judgment. There is a county judge, elected in each county, who holds his office for four years. There are three judges of the Court of Common Pleas in New York City. There are also six judges of the Superior Court of the city of New York. There are four justices of the peace in each town. They hold their office for four years. One is elected annually. There are six police justices, and eight district justices in the city of New York.

5. The people of the State may commence an action for the recovery of any lands belonging to them, held and claimed by any person, within forty years. Any person claiming such land under a grant from the State,

elected in each district? For what time do they hold their office? How often is one judge elected in each district? Where may each judge grant orders? Where does he hear arguments of motions? When does he try actions? When the Supreme Court try criminal actions, what is it called? By how many judges is the court held in exercising these powers? How many general terms of this court are held annually in each judicial district? By how many judges? From what are appeals taken to the general term? What power has the general term in cases brought before it on appeal? What number of judges must concur in the judgment? What judges elected in each county? For what time elected? How many judges of the Court of Common Pleas in New York City? Of the Superior Court? How many justices of the peace in each town? How long do they hold office? How many are annually elected? How many police justices in the city of New York? How many district justices?

5. What actions may commence within forty years from the time the

may commence an action to recover them within the same time. If an owner of real estate lease the same to another, he or his heirs may commence an action to recover the same at any time within forty years from the last payment of rent. The claim to lands by adverse possession must have existed for forty years, to perfect the title of the claimant in either of the above cases. If the action is brought by one citizen against another for the recovery of real property, or on a sealed instrument, it must be commenced within twenty years. If the action be for a money demand on contract, it must be commenced within six years from the time the cause of action accrued. If against the sheriff, for malfeasance or misfeasance, within three years. If for libel, slander, assault and battery, or false imprisonment, within two years. If against the sheriff for the escape of a prisoner, within one year. The time in which an action must be brought is somewhat different in the different States. A majority of the States, however, concur in the limitation above stated.

6. All persons who have an interest in the success of the action may be joined as plaintiffs; and all persons who have an interest adverse to the plaintiffs may be made defendants. An action is brought by and defended by an infant, in the name of the infant, by guardian ad litem. The court has power, in an action before it, to determine the rights of all the parties to the action. Actions are local, which must be brought in the county where the property lies, or in which the cause of action arose. All other actions are transitory. The proper county for the trial of a transitory action is the county in which one of

cause of action arose? What actions may be commenced within twenty years? What actions may be commenced within six years? What actions within three years? What actions within two years? What actions within one year? Is the time in which an action must be brought the same in all the States?

6. Who may be joined as plaintiffs in an action? Who are made defendants? How is an action brought by and defended by an infant? What power has the court in an action before it? What actions are local? What transitory? What is the proper county for the trial of a transitory action? On what grounds may the place of trial be changed?

the plaintiffs or one of the defendants resides. The place of trial may be changed, on the ground that a fair trial cannot be had in the county where the action is brought, and on the ground that a greater number of witnesses reside in some other county. Actions under the Code are generally commenced by summons, but they may be commenced in the inferior courts by warrant or attachment. There are two forms of summons under the Code -one for a money demand on contract, and one for relief. When, from the nature of the contract, the plaintiff knows and can specify the exact sum which he is entitled to recover, the summons for a money demand on contract is used. In this case, the plaintiff is not required to call upon the court to ascertain or decide any thing but the existence and the terms of the contract, by which the amount claimed is due. When the amount is unliquidated, in its nature requiring other proof, and depending on other considerations than those which appear in the contract itself, such action is an action to ascertain the plaintiff's right to damages, which are to be paid and satisfied in money, and the summons for relief must be used.

CHAPTER LXXXIII.

COMMENCEMENT OF CIVIL ACTIONS.

1. A SUMMONS may be served by any person who has arrived at the years of discretion, except the plaintiff. It must be served by delivering to, and leaving with, the

How are actions under the Code generally commenced? How many forms of summons under the Code? When must the form for a money demand on contract be used? In this case, what does the plaintiff call upon the court to ascertain or decide? When is the second form to be used?

1. By whom may a summons be served? In what manner must it be

defendant a copy thereof. If the defendant be out of the State, or concealed, it may be served by advertising. If the service of the summons be made by the sheriff, the certificate of the sheriff is sufficient proof of the service, as the sheriff acts under his official oath. If served by any other person, the service is proved by the affidavit of the person serving the same. If served by publication, the service is proved by the affidavit of the printer or publisher. Civil actions are commenced by service of summons. The complaint is usually served with the summons; but the summons may be served without the complaint. The form of the summons for a money demand on contract, when the complaint is served, is as follows:

SUPREME COURT,

City and County of New York.

JOHN B. ASTOR

against

JOHN FOSTER.

To the above defendant:

You are hereby summoned to answer the complaint in this action, & copy of which is herewith served upon you, and to serve a copy of your answer upon me, at my office, No. 227 Broadway, in the city of New York, within twenty days after service hereof, exclusive of the day of such service. And if you fail to do so, the plaintiff will take judgment against you for five hundred dollars, with interest from the 11th day of July, 1865. W. B. WEDGWOOD, Plaintiff's Attorney.

NEW YORK, July 12, 1865.

The title of the action embraces the name of the court in which you bring the action, the county in which it is to be tried, the name of the plaintiff, and the name of the defendant. The title is usually prefixed to the summons and every other paper served in the action. The summons, and pleadings, and other papers in the action are

served? If the defendant be out of the State or concealed? If the ser vice be made by the sheriff, how is it proved? If served by any other person, how is the service proved? If served by publication? How are civil actions commenced? What is usually served with the summons? What is the form of a summons for a money demand on contract? What does the title to an action embrace? To what is the title

signed by the attorneys for the parties. In the second form of summons, "the plaintiff will apply to the court for the relief demanded in the complaint," is substituted for "the plaintiff will take judgment against you for," etc., in the first form.

2. The complaint must contain a plain and concise statement of all the facts necessary to be proved on the trial, in order to sustain the action. In an action for slander, the plaintiff must allege that the slanderous words were spoken in the presence of some person. In an action for a claim for the payment of the debt of another, the plaintiff must allege that he paid such debt at the request of the defendant. In an action for services, the plaintiff must allege that he performed the services at the request of the defendant. In an action against a master by a servant, for damages on account of an accident happening to the servant, the plaintiff must allege that he had no notice of the defect which occasioned the accident, and that defendant knew of such defect. A demurrer is a question of law raised by one of the parties against the pleading of the opposite party. The defendant may demur to the complaint of the plaintiff on the ground that it appears upon the face of the complaint-1. That the court has no jurisdiction in the case; 2. That the plaintiff has no legal capacity to sue; 3. That there is another action pending between the same parties, for the same cause, in another court of the State; 4. That there is a defect of parties; 5. That several causes of action are improperly joined; 6. That the complaint does not state facts sufficient to constitute a cause of action.

prefixed? By whom is the summons and other pleadings and papers signed? What change is made in the second form of summons ?

2. What must the complaint contain? In an action for slander, what must the plaintiff allege? In an action for a claim for the payment of the debt of another, what must the plaintiff allege? In an action for services, what must the plaintiff allege? In an action for damages against a master by a servant, on account of an accident happening to the servant, what must the plaintiff allege? What is a demurrer? Upon what grounds may the defendant demur?