R. S. of N. Y.,

Title 7, Chap. 5,

Part 3.

etc., when to be

fend.

Chapter One Hundred and Thirteen of Revised Statutes of 1846.

Reversioners, (4723.) SECTION 1. If any tenant for life, in dower, or by admitted to de- curtesy, or any tenant for years, be impleaded, and the person to whom the reversion or remainder appertains, shall come into Court before any trial shall be had in such action, or before judgment by default therein, and pray to be received to defend his right, he shall be received for that purpose, and shall be permitted to plead to the action, upon such terms as the Court may deem just.

When to sue after default of tenant.

admitted to de

(4724.) SEC. 2. If any tenant for life or years make default or give up any lands demanded, so that judgment be given on such default or surrender, the person to whom the reversion or remainder of such lands appertains, may, after the termination of the estate of such tenant, have an action of ejectment to recover the same lands.

When Wife to be (4725.) SEC. 3. When a husband and wife shall be impleaded, if the husband absent himself, or will not defend the rights of

fend.

the wife, if she apply before judgment, she shall be admitted by the Court to defend without her husband.

after default of

(4726.) SEC. 4. If the husband lose by default any land Wife may recover which was the right of his wife, the wife, after the death of Husband. her husband, may have an action of ejectment to recover the same, and the judgment by default shall be no bar to such action.

ies void as to re

(4727.) SEC. 5. All recoveries had by agreement of parties, Certain recoveror by fraud, against any tenant for life, in dower or by the versioners, etc. curtesy, of any lands, tenements or hereditaments, shall be void as against all persons to whom any reversion or remainder of such lands shall appertain, and as against their heirs, unless the appearance of the person having such reversion or remainder shall have been duly entered in the Court where such recovery shall be had.

ies.

(4728.) SEc. 6. No execution shall be avoided by means of Feigned recover any feigned recovery, but all persons entitled to have execution of the lands, tenements or hereditaments, shall have the like means to avoid and falsify the same recoveries, as a tenant of the freehold, who was neither party nor privy to such recovery, has by the course of the common law.

for years.

(4729.) SEC. 7. A lessee for years may falsify for his term Rights of lessees only, recoveries, in the same manner as a tenant of the freehold, who was neither party nor privy to the recovery, may do by the course of the common law; and such lessees, and their personal representatives and assigns, notwithstanding any recoveries that may be so falsified, shall hold their terms. according to their demises, as if such recovery had not been had.

recovering.

(4730.) SEC. 8. After any recovery had, the recoverers, their Rights of parties heirs and assigns, shall have the like remedies against any lessees for years, their representatives and assigns, for any rents or services reserved, coming due after such recoveries, and also like actions for waste done after such recoveries, as the lessors might have had, if such recoveries had not been made.

actions by heirs,

(4731.) SEC. 9. When any person shall die, leaving heirs, Joint and several either in the same or in different degrees; and where several etc. persons shall be, in any other way, entitled to real estate as tenants in common, or as joint tenants, they may bring a joint action for the recovery thereof, or may bring several actions. for their respective shares or interests.

Guardians for infant defendants.

Order for survey

of lands.

be served.

(4732.) SEC. 10. Actions relating to real property shall not be delayed, nor shall the remedy of any plaintiff be superseded, by reason of the infancy of any defendant therein; but guardians to defend the rights of infant defendants, shall be appointed as in personal actions; and in all such actions. against an infant, if he do not procure the appointment of a guardian within the time required for his appearance therein, the plaintiff may proceed to have such guardian appointed as in personal actions.

(4733.) SEC. 11. Whenever the Court in which any action relating to real property shall be pending, shall be satisfied that any survey of any premises in the possession of either party, or of any boundary line between the lands of the parties, or between the lands of either of them and the lands of other persons, is necessary or expedient to enable either party to declare, plead or prepare for trial, or for any other proceeding in such action, it may, by rule of Court, upon the application of either party, order that such party have leave to make such survey.

Copy of order to (4734.) SEC. 12. Such order shall specify the premises or boundary line to be surveyed, by a description as definite as may be; and a copy of the same shall be served previous to such entry, on the owner or occupant of the premises upon which it may be necessary to enter, to make such survey.

Authority of party under order.

Imparlance, etc., abolished; Land

defend.

(4735.) SEC. 13. The party obtaining such order, his necessary Surveyors, assistants and agents, may enter upon any premises necessary for the purpose of making such survey, and may there make the same, after having served a copy of such rule, as herein before directed; and for so doing, no person acting under such order shall be liable to any action of trespass or other action; but every such person shall be responsible in an action on the case, for any unnecessary injury caused by him.

or

(4736.) SEC. 14. No imparlance, voucher, aid-prayer lords, etc., may receipt, shall be allowed; but whenever any action shall be 10 Wend., 554. brought against any tenant, to recover the land held by him, or the possession of such land, the landlord of such tenant, and any person having any privity of estate with such tenant, or with such landlord, in the premises in question, or in any part thereof, may be made defendant with such tenant, in case he shall appear for that purpose.

Alienation by defendants.

(4737.) SEC. 15. Whenever any action for the recovery of any lands or tenements, or for the recovery of the possession

chasers during

thereof, shall be commenced against any person in possession. of the premises in question, or in receipt of the profits thereof, such action shall not be barred or delayed by reason of any alienation or conveyance made by such person to any other, either before or after the commencement of such action. (4738.) SEC. 16. If the defendant in any action for the Liability of purrecovery of land, or the possession of land, shall alien the land suit. in question, pending the suit, and shall have no property whereof the damages for the issues and profits of such land recovered against him may be levied, every person to whose hands such land shall have come, shall be liable to an action for such damages for the time that he shall have possessed the premises.

costs or dama

(4739.) SEC. 17. Whenever a writ of possession shall be Execution for issued upon a judgment in any action relating to real property, ges. the plaintiff may include in the same process an execution. against the property of the defendant, to collect the costs or damages, which may be due, in the same cases in which he would be authorized to issue such execution separately.

tions relating to

(4740.) SEC. 18. The practice in actions relating to real Practice in acestate, shall be the same in all respects as in personal actions, Real Estate. except where otherwise specially provided by law; and rules to plead may be entered, and may be enlarged, and proceedings may be stayed in the like cases, and all the provisions of law respecting pleadings, process, records and judgments, in personal actions, shall, so far as the nature of such actions will admit, apply to actions relating to real estate.

and process

(4741.) SEC. 19. All writs of right, writs of dower, writs of Certain actions entry, and writs of assize, all fines and common recoveries, abolished. and all other real actions known to the common law, not enumerated and retained in this title, and all writs and other process heretofore used in real actions, which are not specially retained in this title, are abolished.

TITLE XXXI.

OF PROCEEDINGS IN SPECIAL CASES.

CHAPTER CXL. Of Proceedings against Debtors by Attachment.

CHAPTER CXLI. Of Proceedings against Garnishees.

CHAPTER CXLII. Of Proceedings at Law in the nature of a Judgment Creditor's Bill

CHAPTER CXLIII. Of Proceedings by and against Infants.

CHAPTER CXLIV. Of Proceedings by and against Corporations in Courts of Law.

CHAPTER CXLV. Of Proceedings by and against Corporations in Chancery.

CHAPTER CXLVI. Of the Voluntary Dissolution of Corporations, and the Abatement of Suits
by and against them.

CHAPTER CXLVII. Of Proceedings by and against Public Bodies, having certain Corporate
Powers, and by and against Officers representing them.

CHAPTER CXLVIII. Of Suits against Sheriffs and other Officers on their Official Bonds.
CHAPTER CXLIX. Of Proceedings for the Collection of Demands against Ships, Boats, and
Vessels.

CHAPTER CL. Of Proceedings to Recover the Possession of Lands in certain cases.
CHAPTER CLI. Of the Action for Causing Death by Wrongful Act, Neglect or Default.
CHAPTER CLII. Of the Action of Replevin.

CHAPTER CLIV. Of the Lien of Mechanics and others.

CHAPTER CLV. Of the Collection of Penalties, Forfeitures, and Fines, and of Forfeited
Recognizances.

CHAPTER CLVI. Of Arbitrations.

CHAPTER CLVII. Of the Foreclosure of Mortgages by Advertisement.

CHAPTER CLVIII. Of Proceedings to Compel the Delivery of Books and Papers by Public
Officers to their Successors.