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12692

Entered according to act of Congress, in the year 1872.

BY DIOSSY & COMPANY,
In the office of the Librarian of Congress, at Washington.

SEP 2 9 1938
q 9/29/38

TOBITT & BUNCE,

Printers,
90 Fulton-street, N.Y.

PREFACE.

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The necessity of a new work on the Law and Practice of the District Courts, is conceded by every practicing lawyer, and, to some extent, by the people themselves. The present work is, no doubt, incomplete in many respects, as it was found impossible to insert every thing applicable to these courts in extenso. The act of 1857, to reduce the several acts relating to these courts into one act, consists of only eighty-two sections: yet many of these refer to sections of the Code, to the Revised Statutes, and to other laws, and apply these sections, statutes and laws to the District Courts; consequently, in preparing a work that shall be useful to the practitioner, all these laws must be inserted in full, with the authorities and decisions bearing thereon, under the same. To do this completely, and in detail, would swell this book to twice its size, and much increase its cost. To obviate this, and yet not deteriorate from the value of the work, references have been made to the works and authorities, instead of inserting notes from them.

Our professional brethren may say that we should have arranged the sections of the act so that all sections relating to a particular subject were collected together, and the practitioner not be obliged to turn to different parts of the book to learn all about any particular subject; thus, if all sections of the act relating to “ Execution” were placed together, irrespective of the number of the sections, and so also with “Summons," and other titles, all the law upon these subjects would be in one place; they could be read together, which would save much time. This was the plan at first contemplated, and would have been a very convenient arrangement, but it is questionable whether it is right and proper to transpose the sections of the act of the legislature about in all directions for mere convenience sake. It was, therefore, thought as well to refer under the first section of a particular subject to all other sections in the book on the same subject, or relating to it. Besides, the index is very full and complete, and will obviate, to a great extent, this difficulty.

In preparing a portion of this work, we have been aided by DAVID MCADAM, Esq., to whom we acknowledge our indebtedness.

Conscious of many imperfections in the work, and bespeaking for it a lenient and indulgent reception, we nevertheless experience satisfaction in the hope that it may be of use to the profession, believing that it will lighten their labors.

We will thank the justices and members of the bar to notify us of any imperfections they may discover, so that they may be remedied in any subsequent edition.

GEORGE F. LANGBEIN.

J. C. JULIUS LANGBEIN. NEW YORK, July 15, 1872.

ERRATA.

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Page 56. For "Twelfth " in heading “Seventh and Twelfth Dis

trict Courts," read “NINTH." 57. For " Section [5.] page 55," in brackets at bottom of

page, read “Section [4.] page 54." 60. In Section 9 after the word “constable," read [“MAR

SHAL”). “ 139. Examples for sufficient excuse for " delay," should read

DEFAULT. “ 185. Note, instead of [Section 64.) should read (Section 70.)

to be found on page 171.

JUSTICES AND CLERKS

OF THE

DISTRICT COURTS IN THE CITY OF NEW YORK.

WHEN ELECTED AND APPOINTED; WHEN TERM EXPIRES; AND PLACE

AND TIME OF HOLDING COURT.

FIRST JUDICIAL DISTRICT.

Justice, DENIS QUINN,
Elected December, 1869; term expires January 1, 1875.
Clerk, THOMAS E. SMITH,

Appointed June 1, 1872.
Assistant Clerk, DENNIS Hogan,
Court held southwest corner Chambers and Centre-streets.

Trial days, Tuesdays, Thursdays and Saturdays.

SECOND JUDICIAL DISTRICT.

Justice, THOMAS KIVLIN.
Elected December, 1869; term expires January 1, 1875.
Clerk, WILLIAM WALSH,

Appointed June 1, 1872.
Assistant Clerk, PETER J. POWERS,

Court held No. 514 Pearl-street.
Trial days, Tuesdays, Thursdays and Saturdays.

THIRD JUDICIAL DISTRICT.

Justice, JAMES W. FOWLER.
Elected December, 1869 : term expires January 1, 1875.
Clerk, John H. WHITMORE, Appointed June 1, 1872.
Assistant Clerk, ANDREW HOLLY,

Court held No. 12 Greenwich-avenue.
Trial days, Mondays, Wednesdays and Fridays.

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FOURTH JUDICIAL DISTRICT.

Justice, ANTHONY HARTMAN.
Elected December, 1869 ; term expires January 1, 1875.
Clerk, JACOB A, HATZEL,

Appointed June 1, 1872.
Assistant Clerk, PATRICK H. RYAN,

Court held No. 163 East Houston-street.
Triul days, Mondays, Wednesdays and Fridays.

FIFTH JUDICIAL DISTRICT.

Justice, JOSEPH KOCH.
Elected December, 1869 ; term expires January 1, 1875.
Clerk, WILLIAM W. COOK, Appointed June 1, 1872.
Assistant Clerk, GEORGE W. NASH,

('ourt held No. 154 Clinton-street.
Trial days, Mondays. Wednesdays and Fridays.

SIXTH JUDICIAL DISTRICT.

Justice, THADDEUS H. LANE,
Elected December, 1869 ; term expires January 1, 1875.
Clerk, WILLIAM C. O'BRIEN, Appointed June 1, 1872.

Assistant Clerk, MICHAEL DOLAN,
Court held southwest corner Fourth-avenue and Eighteenth-street.

Trial days, Mondays, Wednesdays and Saturdays.

SEVENTH JUDICIAL DISTRICT.

Justice, JOSEPH MCGUIRE.
Elected December, 1869; term expires January 1, 1875.
Clerk, JOSEPH STEINERT,

Appointed June 1, 1872.
Assistant Clerk, PETER MASTERSON,
Court held north side East Fifty-seventh-street near Third-avenue.

Trial days, Mondays, Wednesdays and Fridays.

EIGHTH JUDICIAL DISTRICT.

Justice, WILLIAM J. KANE.
Elected December, 1869 ; term expires January 1, 1875.
Clerk, JOHN J. HEALY,

Appointed June 1, 1872.
Assistant Clerk, JOHN STEVENSON,
Court held southwest cor. Twenty-second-street and Seventh-avenue.

Trial days, every day, except Sundays and holidays.

NINTH JUDICIAL DISTRICT.

Justice, JOSIAH PORTER.
Elected December, 1869 ; term expires January 1, 1875.
Clerk, GEORGE W. OAKLEY, Appointed June 1, 1872.
Assistant Clerk,

Court held No. 2,374 Fourth-avenue.
Trial days, Mondays, Wednesdays and Fridays.

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