action has been bought, sold or received contrary to law, upon the ground that his testimony might tend to convict him of a crime. But no evidence derived from the examination of such person shall be received against him upon a criminal prosecution. Pen. Code, § 142. See also Common Barratry; Real Property Law, § 225; Attorneys, etc., §§ 18-27. For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1788, c. 18; L. 1801, Revised Acts, c. 87 (1 K. & R. 343); 1 R. L., 1813, pp. 172-174; see also 2 R. S. 691, §§ 5, 6, 7. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 51. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 45. See Canal Law, §§ 2, 207-209; Constitution, § 102; Lake Champlain. LOCATION OF COUNTY BUILDINGS; see County Law, § 31. NAMES; see Banking Law, § 1566; Insurance Law, § 127; Names; Villages, § 42a. PLACE OF BUSINESS; see Banking Law, 29; Names, § 8; Stock Corporation Law, § 59 PUBLIC NUISANCES; see Town Law, § 24, subd. 7. TIME OF ANNUAL MEETING; see Membership Corporations Law, § 15. CHAPELS. See Religious Corporations Law, § 6. CHAPLAINS. OF MILITIA; see Military Code, § 13. See Grand Juries; Jury. CHARGE. CHARGE D'AFFAIRES. See Real Property Law, § 250a. CHARITIES. BOARDS OF; see Children, § 44; Emigrants, § 65; Hydrophobia; Legislative Law, § 76; Poor Law, 56, 138, 140; Prisons, § 107. INSTITUTIONS FOR CHILDREN; see Children, SS 47, 50; Public Health Law, §§ 203-205. INSTITUTIONS EXEMPT FROM TAXATION; see Tax Law, $$ 4, 27. INSTITUTIONS RECEIVING STATE AID; see Agricultural Law, §§ 37a, 376; Aid; State Funds, 201. CHARITABLE INSTITUTIONS; See Agricultural Law, $$ 37a, 376; Condemnation Law, §§ 2, 3; Constitution, SS 115, 118; Domestic Relations Law, §§ 65-68, 74; Evidence, § 10: State Charities Law. CHARITABLE OBJECTS; see Religious Corporations Law, § 5. See also Alms-houses; Asylums; Benevolent, etc., Societies; Membership Corporations Law; Nurses; Poor Law; State Charities Law. CHARLESTON, TOWN OF. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 42. CHARLOTTE, TOWN OF. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 68. CHARLTON, TOWN OF. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 41. NOT AFFECTED BY CONSTITUTION; see Constitution, § 17. AMENDMENT OF; see Corporations, § 7; Insurance Law, § 157. EXTENSION OF; see Corporations, § 32. OF MUNICIPAL CORPORATIONS; see Penal Code, § 17. REPEALABLE, ETC., BY LEGISLATURE; see Constitution, § 105. See also Certificates, etc.; Corporations; and UNDER THE TITLES CORPORATIONS. CHATEAUGAY, Town OF. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 45. CHATHAM, TOWN OF. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 38. CHATTELS. §§ 1--48. Action to Recover a Chattel (Replevin.) 49--53. Action to Foreclose a Lien on a Chattel. 1 Action to Recover a Chattel (Replevin.) OF THE SEVERAL Joinder of causes of action. Nothing in this title* is to be so construed as to prevent the plaintiff from uniting in the same complaint two or more causes of action, in any case specified in section 484† of this act. Code Civ. Pro., § 1689. 8 Civ. Pro. 104; 16 N. Y. Supp. 472. 2 When it can not be maintained. An action to recover a chattel can not be maintained in either of the following cases: 20 Hun, 472. 1. Where the chattel was taken by virtue of a warrant, against the plaintiff, for the collection of a tax, assessment or fine, issued in pursuance of a statute of the state or of the United States; unless the taking was, or the detention is, unlawful, as specified in section sixteen hundred and ninety-five of this act. 7 Hun, 371; 36 N. Y. 446; 72 id. 614; 38 Barb. 650; 42 id. 521; 7 Misc. 198. 2. Where it was seized by virtue of an execution, or a warrant of attachment, against the property of the plaintiff, unless it was legally exempt from such seizure, or is unlawfully detained, as specified in section sixteen hundred and ninety-five of this act. 3. Where ist was seized by virtue of an execution, or a warrant of attachment, against the property of a person other than the plaintiff, and at the time of the commencement of the action the plaintiff had not the right to reduce it into his possession. Code Civ. Pro., § 1690, as am'd L. 1894, c. 305. 21 N. Y. Supp. 1010; 9 Cow. 259; 13 Hun, 26; 22 W. D. 109; 21 Civ. Pro. 18; 140 N. Y. 593; 81 Hun, 304; 2 Misc. 412; 4 id. 88; 6 id. 236; 9 id. 626; 87 Hun, 487; 41 N. Y. St. R. 445: 51 id. 117; 52 id. 934; 53 id. 77; 56 id. 497, 515; 58 id. 835; 68 id, 293; 8 N. Y. Supp. 906; 16 id. 220, 471; 28 id. 594; 30 id. 417; 34 id. 508; 36 id. 612. 3 Former judgment, when a bar. Where a chattel is replevied, in an action. to recover the same, and a final judgment awarding the possession thereof to the defendant is rendered, a subsequent action to recover the same chattel cannot be maintained by the plaintiff, for the same cause of action. But the judgment does not affect his right to maintain an action to recover damages, for taking or detaining the same or any other chattel, unless it was rendered against him upon the merits. Code Civ. Pro., § 1691. 123 N. Y. 132; 56 Hun, 402; 81 id. 304; 31 N. Y. St. R. 470; 33 id. 78; 10 N. Y. Supp. 152. 4 Action by assignee. An action to recover a chattel, the title to which has been transferred to the plaintiff, since the wrongful taking, or during the wrongful detention thereof, with or without the damages sustained by the taking, withholding, or detention, may be maintained in any case, where, except for the transfer, such an action might be maintained, by the person from or through whom the plaintiff derives title; but not otherwise. Code Civ. Pro., § 1692. 12 Abb. Pr. 147; 1 Hilt. 178; 30 Barb. 389; 81 Hun, 304. 5 Jurisdiction, etc., when replevin precedes summons. Where a chattel is replevied before the service of the summons, as prescribed in this article,§ the *This subject. + Pleadings, § 12. So in the original. seizure thereof by the sheriff is regarded as equivalent to the granting of a provisional remedy, for the purpose of giving jurisdiction to the court, and enabling it to control the subsequent proceedings in the action; and as equivalent to the commencement of the action, for the purpose of determining, whether the plaintiff is entitled to maintain the action, or the defendant is liable thereto. Code Civ. Pro., § 1693. 27 Hun, 48; 18 Abb. N. C. 355; 81 Hun, 304. See Code Civ. Pro., § 416. 6 When and how sheriff required to replevy. The plaintiff may, when the summons is issued, or at any time afterwards, and before the service of a copy of the defendant's answer, or, where judgment is taken by default, for want of an appearance or pleading, before the entry of the final judgment, cause the chattel, to recover which the action is brought, to be replevied by the sheriff of the county where it is found. For that purpose, he must deliver to the sheriff an affidavit and a written undertaking, as prescribed in the following sections of this article, with a written requisition, indorsed upon or annexed to the affidavit, and subscribed by his attorney, to the effect, that the sheriff is required to replevy the chattel described therein. The requisition may be directed to the sheriff of a particular county, or, generally, to the sheriff of any county where the chattel is found. It is deemed the mandate of the court. Code Civ. Pro., § 1694. 1 Abb. Pr. 176; 9 Civ. Pro. 419; 102 N. Y. 307; 59 Hun, 148; 81 id. 304; 6 Misc. 4; 36 N. Y. St. R. 710; 58 id. 116; 6 N. Y. Supp. 417; 13 id. 222. 7 Contents of affidavit. The affidavit, to be delivered to the sheriff, as prescribed in the last section, must particularly describe the chattel to be replevied; and must contain the following allegations: 1. That the plaintiff is the owner of the chattel, or is entitled to the possession thereof, by virtue of a special property therein; the facts with respect to which must be set forth. 73 N. Y. 282, 291; 44 id. 445, 450; 19 W. D. 192. 2. That it is wrongfully detained by the defendant. 27 N. Y. 277, 280, 281; 70 id. 492, 496; 49 id. 259, 261; 23 id. 264, 268, 269; 11 W. D. 454; 8 Civ. Pro. 451; 27 How. Pr. 416; 48 Barb. 539; 16 id. 309. 3. The alleged cause of the detention thereof, according to the best knowledge, information, and belief of the person making the affidavit. 4. That it has not been taken by virtue of a warrant, against the plaintiff, for the collection of a tax, assessment, or fine, issued in pursuance of a statute of the state, or of the United States; or, if it has been taken under color of such a warrant, either that the taking was unlawful, by reason of defects in the process, or other causes specified, or that the detention is unlawful, by reason of facts specified, which have subsequently occurred. 42 Barb. 521, 523; 2 Hun, 416; 32 id. 121; 7 Wend. 485; 2 Hill, 77; 36 N. Y. 446; 81 Hun, 304; 7 Misc. 198; 56 id. 515; 8 N. Y. Supp. 906; 27 id. 209. 5. That it has not been seized by virtue of an execution or warrant of attachment, against the property of the plaintiff, or of any person from or through whom the plaintiff has derived title to the chattel, since the seizure thereof; or, if it has been so seized, that it was exempt from the seizure, by reason of facts specified, or that its detention is unlawful, by reason of facts specified which have subsequently occurred. 6. Its actual value. Code Civ. Pro., § 1695. 6 Civ. Pro. 253, 254; 41 N. Y. St. R. 445; 16 N. Y. Supp. 471; 37 id. 1065. 8 Same, if made after service of summons. But where the affidavit is made after the service of the summons, the allegations, required to be inserted therein by subdivisions first and second of the last section, must be to the effect, that the plaintiff, at the time of the commencement of the action, was the owner of the chattel, or was entitled to the possession thereof by virtue of a special property therein; and that it was then wrongfully detained by the defendant, as prescribed in those subdivisions. Code Civ. Pro., § 1696. 9 Same: description, etc., of chattels. Where the affidavit describes two or more chattels of the same kind, it must state the number thereof, and where it describes a chattel in bulk, it must state the weight, measurement, or other quantity. Where it describes two or more chattels to be replevied, it may, at the election of the plaintiff, state the aggregate value of all; or, separately, the value of any chattel or of any class of chattels, and the aggregate value of the remainder, if any. Where it states separately the value of one or more chattels or classes of chattels, the defendant may require, as prescribed in the following provisions of this article, the return of any or all of the chattels or classes of chattels, the value of which is thus stated, or of the portion thereof which has been replevied. If he procures such a return, the remainder must be delivered to the plaintiff, except as is otherwise prescribed in this article.* Code Civ. Pro., § 1697. 10 Provision where part not found. The sheriff must replevy a smaller number or a smaller quantity, if the whole of the chattel or chattels described in the affidavit cannot be found. In that case, if the aggregate value only is stated in the affidavit, the value of the entire chattel or class of chattels, as so stated, is to be deemed the value of the part replevied, for the purposes of the proceedings to procure a return thereof to the defendant. Code Civ. Pro., § 1698. 22 Wend. 602; 42 Hun, 557, 558; 2 N. Y. Supp. 527. 11 Undertaking. The undertaking to be delivered to the sheriff, with a requisition to replevy a chattel, must be executed by at least two sureties, who must be approved by the sheriff. It must be to the effect, that the sureties are bound in a specified sum, not less than twice the value of the chattel, as stated in the affidavit, for the prosecution of the action; for the return of the chattel to the defendant, if possession thereof is adjudged to him, or if the action abates, or is discontinued, before the chattel is returned to the defendant; and for the payment to the defendant of any sum, which the judgment awards to him against the plaintiff. Code Civ. Pro., § 1699. 10 Hun, 447; 62 id. 579; 18 Wend. 521; 18 id. 581; 6 Hill, 623; 61 Barb. 125; 28 id. 538; 36 How. Pr. 540, 543; 22 id. 494; 3 Rob. 708; 1 Code Rep. 62; 6 Civ. Pro. 253, 254; 6 Misc. 4; 43 N. Y. St. R. 704; 58 id. 116; 63 id. 600; 17 N. Y. Supp. 194. 12 How sheriff to replevy; service of papers. If any chattel, described in the affidavit, is found in the possession of the defendant, or of his agent, the sheriff, to whom an affidavit, requisition, and undertaking are delivered, as prescribed in the foregoing sections of this article, must forthwith replevy it, by taking it into his possession. He must thereupon, without delay, serve on the defendant a copy of the affidavit, requisition, and undertaking, by delivering the same to him personally, if he can be found within the county; or, if he cannot be so found, to his agent, if any, from whose possession the chattel is taken; or, if neither can be found within the county, by leaving the copy at the usual place of abode of either, with a person of suitable age and discretion. Code Civ. Pro., § 1700. 50 N. Y. 352; 70 id. 208; 4 Duer, 431; 37 N. Y. Supp. 206. 13 Chattel secured in building, etc. If any chattel, described in the affidavit, is secured or concealed in a building or inclosure, the sheriff must publicly demand its delivery. If it is not delivered, pursuant to the demand, he must cause the building or inclosure to be broken open, and must take the chattel into his possession. Code Civ. Pro., § 1701. 3 N. Y. Supp. 726. 14 Custody of replevied chattel; expenses, etc. A sheriff, who has replevied a chattel, must retain it in his possession, keeping it in a secure place, until the person, who is entitled to the possession thereof, is ascertained, as prescribed in this article. He must then deliver it to that person, upon request and payment of his lawful fees, and necessary expenses for taking and keeping it, as taxed by a judge of the court, or the county judge of the county where the chattel was replevied, upon such a notice as the judge deems proper. Code Civ. Pro., § 1702. This subject, §§ 1-48. 21 N. Y. 103; s. c. 27 id. 234; 26 How. Pr. 481, 487; s. c. 26 N. Y. 117, 126; 97 id. 149, rev'g 29 Hun, 529, 532; s. c. 4 Civ. Pro. 382; 123 N. Y. 132, 517; 20 Civ. Pro. 12; 33 N. Y. St. R. 77; 34 id. 426. 15 Exception to plaintiff's sureties; notice of justification. Within three days after the chattel is replevied, and a copy of the affidavit, requisition, and undertaking is served, the defendant, unless he requires a return of the chattel replevied, or of one or more of them, where two or more chattels are replevied, may serve upon the sheriff a notice, that he excepts to the plaintiff's sureties; otherwise he is deemed to have waived all objections to them. Where the defendant has not appeared, the notice must be subscribed either by him, or by his agent or attorney. The person so subscribing the notice must add to his signature his office address, as prescribed by law, with respect to a notice of appearance. Within ten days after service of such a notice, the plaintiff's attorney must serve upon the defendant's attorney, or, if the defendant has not appeared, upon the sheriff, notice of the justification of the sureties. If the notice of justification is served upon the sheriff, he must immediately serve it upon the person, whose name is subscribed to the notice of exception, in the mode prescribed by law, for service of a paper upon an attorney in an action. Code Civ. Pro., § 1703. 18 How. Pr. 376; 29 Hun, 529, 532; 102 N. Y. 307; s. c. 9 Civ. Pro. 419. 16 Defendant reclaiming chattel; affidavit; undertaking; notice of justification. The defendant, if he does not except to the plaintiff's sureties, as prescribed in the last section, may, within the time allowed to him for such an exception, serve upon the sheriff, a notice that he requires a return of the chattel replevied. With the notice, he must deliver to the sheriff the following papers: 10 How. Pr. 478; 9 Civ. Pro. 414, 419; 102 N. Y. 305, 307; 119 id. 298; 123 id. 132; 69 Hun, 445; 6 Misc. 473; 30 N. Y. St. R. 929; 34 id. 691; 52 id. 632; 57 id. 702. 1. An affidavit, containing an allegation, either that the defendant is the owner of the chattel, or that he is lawfully entitled to the possession thereof, by virtue of a special property therein, the facts with respect to which must be set forth. 59 How. Pr. 467; 32 N. Y. St. R. 419. 2. An undertaking, executed by at least two sureties, to the effect that they are bound, in a specified sum, not less than twice the value of the chattel, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if delivery thereof is adjudged, or if the action abates in consequence of the defendant's death; and for the payment to him of any sum, which the judgment awards against the defendant. 18 How. Pr. 376; 21 id. 354: 74 N. Y. 211; 16 id. 439, 442, 443: 4 E. D. Smith, 95; 28 Barb. 387; 42 Hun, 557, 558; 11 Civ. Pro. 66; 9 Misc. 212; 60 N. Y. St. R. 833. Within three days after serving a notice, requiring a return of the chattel, as prescribed in this section, the defendant must serve upon the plaintiff's attorney, notice of the justification of the sureties to the undertaking. Code Civ. Pro., $ 1704. 2 N. Y. Supp. 526, 663; 8 id. 426; 11 id. 202; 12 id. 218; 23 id. 449; 67 N. Y. St. R. 586. 17 Justification; allowance. The justification of sureties, as prescribed in either of the last two sections, must take place, either in the county where the chattel was replevied, or in the county where one of the sureties resides. The provisions, regulating the justification of bail, contained in article third of title first of chapter seventh* of this act, govern, except as otherwise expressly prescribed in this article, with respect to the notice of justification of the sureties; the officer before whom they must justify; the substitution of new sureties or a new undertaking; the examination and qualifications of the sureties; and the allowance of the undertaking. But after the allowance, the undertaking and examination must be delivered to the sheriff. Code Civ. Pro., § 1705. 69 Hun, 445; 52 N. Y. St. R. 633; 6 N. Y. Supp. 417; 8 id. 476; 23 id. 449; 37 id. 1023. 18 When and to whom sheriff to deliver chattel; responsibility of sheriff. If the defendant neither excepts to the plaintiff's sureties, nor requires the return of *Arrest, §§ 23-40. |