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FULL AND COMPLETE 
 
 ANALYTICAL INDEX 
 
 CODE OF CIVIL PROCEDURE 
 
 STATUTORY CONSTRUCTION LAW 
 
 STATE OF NEW YORK, 
 
 BY 
 CLARENCE F. BIRDSEYE 
 
 OF THE NEW YORK BAR. 
 
 Author of Birdsej'e's Revised Statutes, Codes and General Laws, Birdseye's 
 
 Chronologica) Tables, Birdseye's Abbott's Clerks' and Conveyancers' 
 
 Assistant, Etc., Etc. 
 
 NEW YORK: 
 BAKEK, YOOEHIS & CO., 
 
 1900. 
 
Copyrighted, rgoo. 
 
 CLARENCE F. BIRDSEVE. 
 
 PRESS OF 
 
 WEED-PARSON% PRINTING CO., 
 
 ALilANV, i-i. *. 
 
PREFACE. 
 
 The recent history of legal procedure in New York state is 
 neither encouraging nor edifying. The codes of procedure in 
 the civil courts have immensely increased the work of the judges 
 and delayed the administration of justice. 
 
 In the seven years immediately preceding the adoption of the 
 Code of Procedure in 1848, there were less than 200 reported cases 
 upon practice, and these related principallj' to arrest, attachment, 
 certiorari, injunction, mandamus and other subjects that really 
 affect substantive rights rather than questions of procedure. But 
 in the seven years after 1876, there were more than 200 reported 
 decisions on a single section of the Code of Civil Procedure, which 
 had been first enacted twenty-five years before, and which had 
 been nine times amended in the attempt to make it state the law. 
 
 The Code of Procedure, although not complete, was far simpler 
 and more available and scientific than the heterogeneous mass of 
 legislation now known as the Code of Civil Procedure, and pre- 
 sented a far smaller line of attack through amendments. What 
 little of so-called scientific arrangement and substance there was 
 in the original enactments of 1876 and 1880 has been lost in the 
 subsequent twenty-five years of amendment and tinkering to 
 cover isolated cases of imagined hardship or improvement, 
 regardless of the effect on the whole work. 
 
 To-day the code is no longer the servant of the courts and the 
 bar, but their master. It perplexes the bench and requires con- 
 stant construing. It defeats justice ratlier than aids it. It lends 
 itself to delay and tiresome litigation where these are sought, and 
 it mystifies the painstaking lawyer who lionestly seeks to fathom 
 its meaning. Its evident tendency is to disti-act the attention of 
 the court, from the vital question of whether the defendant is 
 indebted to the plaintiff, to the quite immaterial question as to 
 whether the plaintiff is unerringly pursuing the devious, intricate 
 and blind path that is somewhere laid down for him within the 
 covers of the Code of Civil Procedure. 
 
 Over all this incongruous aggregation of long and involved 
 sections has been thrown a mass of legal decisions running up 
 into the tens of thousands, and often and necessarily conflicting. 
 Through these the lawyer and judge must alike wade to reach 
 
IV PREFACE. 
 
 a judicial construction of the legislative enactment, which is 
 generally made more uncertain by constant amendments. The 
 evils of the Code of Civil Procedure are discussed and admitted 
 by all members of our profession, and yet are meekly accepted as 
 a part of the common heritage, and submitted to as irremediable. 
 
 The bar, the bench and the legislature are each in part responsi- 
 ble for this state of aflfairs, which is .almost criminal in its far- 
 reaching consequences upon innocent suitors and taxpayers, and 
 which is growing worse and not better. There is no reason wliy 
 the Practice Act of New York should not be reduced to 1,000 or 
 1,200 sections, which shall be short, clear and complete, and fully 
 cover the scope of the 3,500 sections of the present code, which 
 are generally involved and obscure, and often pages in length. 
 It may truly be said that to-day the curses of the bench and bar 
 and suitors of New York State are the Code of Civil Procedure 
 and negligence cases, and the greater of these evils is certainly 
 not the negligence cases. 
 
 The Code of Civil Procedure has not even had the redeeming 
 feature of a clue to its labyrinths, — an index that would at least 
 point out every subject treated in the unwieldy mass, and collect 
 and collate all the provisions on each such subject. Hence the 
 confusion has been worse confounded. 
 
 With these feelings about the Code of Civil Procedure forced 
 upon him by a long and discouraging acquaintance with it, the 
 author submits the accompanying index to the bench and the 
 bar, hoping by it to remedy in part an evil which has long been 
 firmly impressed on his mind. The greatest care has been taken 
 to assure completeness and accuracy, and the fullest cross-refer- 
 ences. The author has sought to adapt the work to the needs of 
 the bus3' practitioner, and trusts that it will not be found that he 
 has made a bad matter worse by adding to the literature upon it. 
 
 In the light of what has been said, it need hardly be added that 
 the work was not undertaken for pleasure, but solely to fulfil a 
 duty which was felt to be owed to the profession and the State. 
 
 CLARENCE F. BIRDSEYE. 
 71 Broadway, New York City. 
 
ANALYTICAL INDEX 
 
 TO THE 
 
 New York Code of Civil Procedure 
 
 AND THE 
 
 Statutory Construction Law. 
 
 [References are to Sections.] 
 
 Abandonment : 
 
 of part of chattels replevied, 1719. 
 
 of husband or wife as ground for separation, 1763. 
 
 of proceedings to condemn land, 3374. 
 
 of summons and pleadings, 824. 
 
 of action, 821, 822 ; see ACTIONS; Dismissal. 
 
 of appeal, 1296. 
 
 Abatement : 
 
 of action or proceeding; see Abatement and Revival. 
 
 of arbitration, when, 2382. 
 
 of legacies, 2721. 
 
 of nuisance, see Nuisance. 
 
 Abatement and Revival : 
 
 (1) abatement of action or special proceeding 
 court not to extend time, 784. 
 
 effect on limitations, 412. 
 in real actions, 1521-1523. 
 when court may order, 761, 1736. 
 exception, 762. 
 
 (2) eases when no abatement : 
 
 in action for personal injury, 764. 
 
 on change of name, 2416. 
 
 on death of party after verdict, 764, 765. 
 
 action to recover chattels, 1736. 
 
 in general, 755. 
 
 by change of judge, 25. 
 
 on failure or adjournment of term, 44. 
 
 where answer contains counterclaim, 413. 
 
2 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Abatement and Revival — Continued. 
 
 (3) revival of action, etc. : 
 
 on death of trustee, executor, etc., 766, 1828. 
 when cause survives, 755. 
 
 or part, ^59, 760. 
 when interest is transferred, 756. 
 on death of sole party, 757. 
 on death of one party, 758. 
 revival after accepted offer, verdict, report, etc., 763. 
 
 after verdict, in action for personal injury, 764. 
 supplemental pleadings, 760. 
 
 (4) revival of special proceeding, 755, 757. 
 exception, 762. 
 
 Abbreviations : 
 
 when allowed in writs, pleadings, etc., 22. ■ 
 
 Abolishment : 
 
 of action for discovery, 1914. 
 
 of distinction between law and equity, 3339. 
 
 of feigned issues, 823. 
 
 of oral pleadings on mandamus, 3080. 
 
 of preferences in certain cases, 2719. 
 
 of certain proceedings in relation to real property, 1688. 
 
 of writs : 
 
 consultation, 2100. 
 
 discharge, 2048. 
 
 error in civil actions or special proceedings, 1293. 
 
 injunction, 602. 
 
 ne exeat, 548. 
 
 quo warranto, 1983. 
 
 scire facias, 1983. 
 
 Abortion : 
 
 private trial of actions or proceedings relating to, 5. 
 
 Absconding : 
 
 debtors, arrest of, 550, 551. 
 
 attachment againpt, 636. 
 
 actions against, in justices' courts, 2869. 
 executors or administrators, 2691. 
 justice of the peace, 3056. 
 see also Absence ; Absentee. 
 
OF CIVIL PROCEDURE. 3 
 
 [Refereaces are to Sections.] 
 
 Absence : 
 
 of judge, adjournment because of, 35. 
 
 motion transferred to another judge, 771. 
 from state, effect of, upon limitations, 391, 401, 402. 
 
 when ground for publication of summons, 438, 439, 8405. 
 
 causing presumption of death, 841. 
 
 when ground for attachment, 636. 
 
 designation by resident to receive summons during, 430. 
 
 of witness to will on probate proceedings, 2619, 
 
 proof as to handwriting or deposition of, 2620, 2651. 
 substitute for personal service )ipon absent party, 435-44o; see 
 Service of Papees. 
 see also Absconding ; Absentee. 
 
 Absentee : 
 
 administration on estate of, 2670-2674, 2676-2681, 2683 ; see 
 
 Executors, Etc. 
 when temporarj' administrator to be appointed, 2670. 
 special powers to administrator of, 2676. 
 publication of summons against, 435, 438. 
 revocation of letters to, 2685. 
 guardian for absent infant defendant, 473. 
 
 Abstract Companies : 
 
 searches made by, fees for, when disbursements, 3256. 
 
 Abuse : 
 
 of mandate or proceeding of court of record, contempt, 14. 
 
 Academies: 
 
 exempted from certain provisions of code, 1804, 2431. 
 teachers in, exempt from jury, 1030. 
 
 Acceptance: 
 
 of note or bill of exchange, notarj''s certificate as to, 923-925. 
 of offer in mechanics' lien actions, 8413. 
 of offer to purchase in condemnation proceedings, 3372. 
 see also Offers. 
 
 Access : 
 
 to prisoner to serve paper or process, 133. 
 
 Accidents : 
 
 civil liability for, 1903. 
 
4 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Aeeommodatlons : 
 
 for courts, how provided, 31, 242. 
 adjournment for want of, 41, 42. 
 
 Account : 
 
 action of, on mutual account, 386. 
 
 how pleaded, 531, 2041. 
 
 bill of particulars of, 531, 2942 ; see Trials (4). 
 
 when copy to be delivered, 531. 
 
 when verified, 531. 
 
 order for further, 531. 
 court may require exhibition of, 2942. 
 notice to compel production of books of, 867. 
 books of: 
 
 inspection and discovery of, 803-809. 
 
 forced production of, on trial, 867, 868. 
 action on : 
 
 jurisdiction of justice, 2868. 
 
 in Albany and Troy, 3223. 
 
 pleadings in, in justice's court, 2941. 
 
 judgment on in same, 2950. 
 representing money paid into court, 752-754. 
 reference on long, 1018-1015; see EErERENCE. 
 title of, vested iu certain public officers, 749. 
 of clerk of court of appeals, 203-208. 
 
 court may appoint person to examine, 207. 
 of fees by clerk of Brooklyn, 3118. 
 
 of New York city court, 831, 3284. 
 
 of court of appeals, 3283. 
 
 generally, 3285 ; see Fees. 
 see also Accoitnts, Etc. ; Discovery. 
 
 Accounts and Accounting : 
 
 intermediate defined, 2514. 
 
 allowance for lost or destroyed property on, 2729. 
 
 judicial settlement of, defined, 2514. 
 
 in surrogates' courts, see Surrogates, Etc. 
 action to compel, not prejudiced by dismissal of petition for 
 
 payment, 2805. 
 upon revocation of letters, 2604. 
 costs upon, 2561. 
 who may apply for, 2727. 
 creditor not cited may appear on, 3728. 
 
OF CIVIL PROCEDURE. 5 
 
 f References are to Sections.] 
 
 Accounts and Aeeovinting — Continued. 
 what assets to be accounted for, 2711-3714. 
 decree settling, to contain summary, 2551. 
 additional allowance on, 3563. 
 where recorded, 2498. 
 computing, money used in, see Money. 
 of fees, what to contain, 3386. 
 
 of property and debts of corporations, 1792, 1801, 2431, 3436. 
 of fees, see Fees. 
 
 of sale of land of incompetent, see Incompetents ; Infants. 
 reference to take, 1013, 1015. 
 rendered by: 
 
 assignee at instance of sureties, 812. 
 clerk of court of appeals, 3288. 
 
 committee of lunatic, etc.. 812, 3341, 2342, 2351, 2361, 2802. 
 county clerk or register, 3285. 
 county treasurer, 2668. 
 
 executors and administrators, 812, 1832, 1833, 2495, 2563, 
 2605, 2606, 2668, 2678, 2689-2691, 2700, 2701 2713. 2719, 
 2732-3734, 2743-2748, 3753-3766; see Executors, Etc. 
 executor of his own wrong, 3706. 
 fiduciary, at instance of sureties, 813. 
 guardians, 813, 2361, 2495, 3606, 3830, 3831, 38.35-2837, 
 2843-2845, 2847-3850, 2855-3857. 
 annually, 2842. 
 
 see Guardian and Ward; Trusts, Etc. (2). 
 justices of the peace, 3118. 
 officers of corporations, 1781. 
 receivers, at instance of sureties, 813. 
 trustees, at instance of sureties, 813. 
 testamentary trustees : 
 
 voluntary, 2802, 2810, 3814. 
 
 upon petition of person interested, 3803, 2808, 3809. 
 by direction of court, when, 2807-2809. 
 application of certain sections to, 2811. 
 controversies upon, determined as other issues, 
 
 2812. 
 effect of decree upon, 2813. 
 
 proceedings when trustee is executor or administra- 
 tor, 2819. 
 executor or administrator of deceased executor, etc., 
 2606. 
 
6 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Acknowledgment: 
 
 defined, Statutory Cons. Law, 15. 
 
 fee for taking, 3298. 
 
 what instruments may be acknowledged, 937. 
 
 of subscription to will, 937. 
 
 of assignments of judgments, 1262. 
 
 of deeds, etc. : 
 
 eflfect of as evidence, 842-844, 935-937. 
 
 when may be rebutted, 936. 
 
 who may take, 326, 842. 
 of indebtedness to bar statute of limitations, 376, 395. 
 o£ renunciation of right to administer, 2663. 
 of undertaking, 810. 
 
 of bonds, etc., before surrogate, how, 2500. 
 see also Certificates, Etc. 
 
 Actions r 
 
 (1) miscellaneous provisions : 
 abatement of, see Abatement and Reviyal. 
 assignment of, 502; see Assignment. 
 definitions of action, 414, 3333, 3336, 3337. 
 
 civil, 3337, 3343. 
 
 criminal, 3336. 
 
 special proceeding, 3334, 3343. 
 
 pai'ties plaintiff, 3338. 
 
 defendant, 3338; see also Parties. 
 
 mandate, 3343. 
 
 order, 3343. 
 
 person, 3358. 
 see Definitions. 
 are civil or criminal, 3335. 
 
 when may be tried elsewhere than at court-house, 37. 
 trial may be continued beyond term, 45. 
 time to commence cannot be extended, 784. 
 evidence in, see Evidence. 
 at law and equity, 3339. 
 
 one form of, 3339. 
 includes special proceedings, 414. 
 civil and criminal not merged, 1899. 
 place of trial of, 982-991; see Trials (3). 
 no discontinuance by change of judge, or place of holding 
 court, 35, 26, 43, 44. 
 
OF CIVIL PROCEDURE. 7 
 
 [References are to Sections.] 
 
 Actions — Continued. 
 
 writs abolished, scire facias, 1983. 
 
 quo warranto, 1983. 
 
 action instead, 1983, 1984. 
 preferences among, 789-793; see Preferred Causes. 
 unauthorized bringing of, 1900. 
 
 damages, 1901. 
 
 punishment, 1900. 
 when deemed commenced, 398. 
 commenced by summons, 416. 
 
 by provisional remedy, 416. 
 attempt to commence, afifldavit of, 399, 400. 
 another pending, a ground of demurrer, 488. 
 what deemed commencement of action, 3348. 
 
 within statute of limitations, 398-400. 
 when not to abate by death of party, 755; see Abatement and 
 
 Revival. , 
 submission of controversy without, 1279, 1280; see (11), 
 
 infra. 
 when transferee may bring, 1909, 1912. 
 summons served by publication, etc., 438-445. 
 
 opening default, terms, 445. 
 
 restitution if defendant ultimately successful, 445. 
 exception, 445. 
 by one for all, 448. 
 
 notice to come in, to be published, 786. 
 security in, none from state, public oflScer, etc., 1990. 
 
 municipality, 1990. 
 extensions of time in; see Time. 
 against principal, for costs, etc. , by surety, drawer, executor, 
 
 trustee, 1916. 
 joinder of, 483, 484. 
 
 judgment in; see Judgment and Decree. 
 jurisdiction of; see Jurisdiction. 
 limitation of ; see Limitations. 
 pleadings in ; see Pleadings. 
 preferred; see Preferred Causes. 
 on lost note or bill, 1917. 
 
 parol proof, 1917. 
 
 security, 1917. 
 
 none by people, 1918. 
 review of by certiorari, 3121; see also Appeaus. 
 trial of; see Trials. 
 
8 INDEX TO NEW YORK CODE 
 
 [Refereucea are to Sections.] 
 
 Actions — Continued. 
 (3) summons : 
 action begun by, 416. 
 contents, 417. 
 subscription, 417. 
 form, 418. 
 
 service of a copy of complaint with, 419, 420. 
 effect of notice of no personal claim, 433. 
 requisites of , 417. 
 Service of: 
 
 appearance as, 431, 424. 
 
 when and by whom, 435. 
 
 sheriflf's duty as to, 435. 
 
 indorsing time for, 435. 
 
 on natural person, 426. 
 
 on infant, 436. 
 
 on incompetents, 436. 
 
 on sheriff, 426. 
 
 on person designated by court, 438. 
 by defendant, 430. 
 
 on special guardian, 428. 
 
 on committee, 429. 
 
 on domestic corporation, 431. 
 
 on foreign corporation, 433. 
 
 in special proceeding, 433. 
 
 proof of, 434. 
 
 on resident not found within state, 435, 487. 
 
 without state, 488, 443. 
 
 by publication, 488. 
 
 order, etc., for, 489, 440. 
 mode of, 440, 443. 
 proof, 444. 
 
 see Service of Papees. 
 (8) consolidation of actions : 
 in same court, 817. 
 in supreme and other courts, 818. 
 
 removal to supreme, 818. 
 by plaintiff, when, 819. 
 by attorney-general, when, 1988. 
 
 at defendant's request, 1989. 
 for an accounting, surrogate's power unaffected thereby, 
 
 3737, 3809. 
 brought to foreclose mechanic's lien, 3400. 
 
OF CIVIL PROCEDURE. 9 
 
 [References are to Sections.] 
 
 Actions — Continued. 
 
 (4) severance of actions : 
 on partial admissions, 511. 
 by death, when, 758. 
 
 for partial indemnity, 1424. 
 
 where several judgment proper, 1205. 
 
 where issues combined, 1220. 
 
 on one defendant's offer, 3072. 
 
 where defendants partly served, 456. 
 
 on partial partition, 1547. 
 
 after misjoinders, 497. 
 
 on distinct ousters, 1516. 
 
 exception, 1517, 1518. 
 on divided descents, 1522, 1533. 
 where defendants are severally liable, 456. 
 
 (5) by or against members of unincorporated associations : 
 how maintained, 1919. 
 
 proceedings in case of death or legal incapacity, 1920. 
 judgment against, effect of, 1921. 
 
 execution thereupon, 1921. 
 subsequent action against, 1923. 
 when other suits may be brought, 1923. 
 effect on limitations, 1923. 
 when misnomer not available, 1818, 1924, 1945. 
 (6j by or against town, county, city, etc., officers: 
 by taxpayer, 1925. 
 
 to prevent waste, 1935. 
 by school district trustees, 1926. 
 by poor officers, 1926. 
 by supervisors, 1926. 
 against same, 1927. 
 
 qualification of preceding sections, 1928. 
 designation in summons, 1929. 
 nonjoinder, how taken and waived, 1939. 
 successor substituted, 1930. 
 execution against, 1931. 
 (7) against usurper of office or franchise : 
 by attorney-general, 1948. 
 in what cases, 1948. 
 proceedings when complaint alleges rightful incumbent, 1949. 
 
 arrests in, 1949. 
 
 judgment, 1949. 
 trial by jury, 1950. 
 
lO INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Actions — Continued. 
 
 incumbent, assumption of office by, 1951. 
 
 demanding books, etc., 1951. 
 compelling delivery of, 1953. 
 
 damages to, 1953. 
 against several claimants, 1954. 
 usm'pation of franchise, 1955. 
 
 injunction against, 1955. 
 
 judgment, 1956. 
 
 fine, 1956. 
 
 costs, 1956. 
 relator joined as plaintiff, 1986. 
 
 security for costs, 1986. 
 
 attorney-general's fees, 1986. 
 (8) by or against trustees : 
 continuance by successor, 2605. 
 counterclaims against, 503. 
 to recover costs, 1916. 
 (9; to vacate letters-patent : 
 by attorney-general, 1957. 
 in what cases, 1957. 
 triable by jury, 1958. 
 judgment-roll, vrhere filed, 1959. 
 entry in land ofiice, 1959. 
 
 effect, 1959. 
 
 transcript for county, 1960. 
 (10) by people, for conversion, etc., of public property : 
 by attorney-general, on own motion, 1976. 
 
 on governor's order, 1976. 
 in people's name, 1984. 
 preference of, 789. 
 other actions stayed, 1970. 
 bringing in other parties, 1970. 
 in what courts, 1971. 
 entire title vests in people, 1973. 
 ten years' limitation, 1973. 
 final judgment, 1974. 
 claimants of proceeds, 1975. 
 
 petition in Albany count}', 1975. 
 
 order of distribution, 1975. 
 judgment against people, 1985. 
 
 no execution, 1986. 
 
OF CIVIL PROCEDURE. II 
 
 [References are to Sections.] 
 
 Actions — Continued. 
 
 (11) submission of a case instead of: 
 on facts admitted, 1279. 
 
 on additional facts, 1281. 
 affidavit required, 1279. 
 acknowledgment of, 1279. 
 filing with clerk, 1280. 
 
 thereby an action, 1280. 
 no provisional remedies therein, 1281. 
 costs discretionary, 1281. 
 trial at general term, 1281. 
 see Arbitration. 
 
 (12) miscellaneous actions: 
 
 for revoking arbitration, 2384^2386. 
 
 damages recoverable, 2384. 
 
 limitation, 2385, 2386. 
 of account ; see ACCOUNT, 
 on bond or undertaking, 160-171, 617, 625, 1309, 1427, 1915, 
 
 2575, 2596-2610, 3438. 
 on official bond ; see Bonds, 
 to dissolve corporation ; see Corporations. 
 place of trial; see Trials (3). 
 
 to foreclose lien on chattels, 1737-1741; see Chattels. 
 to recover costs, 1916, 2384, 2385. 
 to recover chattels, 1420, 1689-1786. 
 in city courts, 315-339, 3159-3194, 3196-3206, 8223-3225a. 
 for contribution, 1481-1486. 
 for taking exempt property, 1394. 
 by or against corporations, 341, 1775-1780, 1784. 
 for causing death ; see Death. 
 by creditor against legatees ; see Legatees, Etc. 
 against directors and officers of corporations, 1781-1783, 1790- 
 
 1796, 1804^1813. 
 for damages for maliciously suing in another's name, 1900. 
 
 causing death by negligence, 1902. 
 
 see Damages ; Names. 
 for discovery abolished, 1914. 
 for dower, 1596-1625. 
 for escheat, 1977-1982. 
 by or against executors, etc., 505, 506, 1814-1836, 2592, 2596, 
 
 2603-2605, 2672, 2675, 2718, 2751, 2801. 
 by or against guardians, 1664, 2603-2605. 
 for injunction or damages caused thereby; see Injunction. 
 
12 INDEX TO NEW YORK CODE 
 
 [References are tu SectlonB.J 
 
 Actions — Continued. 
 
 against joint debtors ; see Joint Debtors. 
 
 on judgment, 1913. 
 
 by judgment creditor ; see Judgment Creditor's Action. 
 
 against justices of the peace, 3U«1. 
 
 in justices' courts; see Justices' Courts. 
 
 for libel and slander : see Libel ; Slander, 
 
 matrimonial actions ; see Divorce. 
 
 to foreclose mortgage ; see Mortgages. 
 
 for nuisance ; see Nuisance. 
 
 for partition ; see Partition. 
 
 relating to partnerships, 1945-1947. 
 
 for fines and penalties, etc. ; see Fines and Penalties. 
 
 by or against person whose name is clianged, 2416. 
 
 by person wrongfully dispossessed, 3263. 
 
 to compel conveyance of real property, 2845, 2347. 
 
 to compel determination of claim, 1638-1650. 
 
 persons engaged in transportation, 1945. 
 
 to recover real property, 1496-1.531, 1686, 2263, 2364, 3343; see 
 
 Real Property (3). 
 for rents and profits, 2818. 
 for return of purchase money. 1479. 
 other actions relating to real property, 1664-1688. 
 by or against receivers, 813, 1788. 
 against recusant witnesses, 853-855. 
 for slander, 1906. 
 for libel, 1907, 1908. 
 
 by or against sherifif, 160-171, 655, 677-680. 
 to establish or impeach a will, 1861-1868. 
 (13) place of trial : 
 where subject is situated, 982. 
 where cause arose, 983. 
 according to residence of parties, 984. 
 where proper county not designated, 985. 
 
 change of place, 986-989; see Trials (3). 
 issues of law, 990. see Trials. 
 application of code, 991 . 
 continuance of; see Continuance 
 
 Acts: 
 
 of British Parliament, not law since May 1. 1788, Statutory 
 
 Cons. Law, 30. 
 legislative, etc., how proved, 933, 943; see Evidence. 
 
OF CIVIL PROCEDURE. 13 
 
 [References are to Sections.] 
 
 Additional Allowance : 
 
 on accounting in surrogate's court, 2562. 
 
 to plaintiff, in foreclosure, partition, etc.. 3252. 
 
 to either party in difficult cases, etc. , 3253. 
 
 limitation of aggregate of, under code, 3254. 
 
 in proceedings to take land by right of eminent domain, 3372. 
 
 see Accounts, Etc.; Allowance; Costs; Surrogates, Etc. 
 
 Additional Costs : 
 
 in justices' courts, see Costs, (7). 
 
 Additional Jurors : 
 
 justice of supreme court or county judge may order, 1056. 
 
 proceedings upon such order, 1057. 
 
 for what courts and by whom may be ordered, 1058. 
 
 how drawn and notified, 1059. 
 
 see Jury, Etc. 
 
 Additional Parties: 
 
 bringing in, 452, 453. 
 
 costs in case of additional defendants, 3251. 
 
 Additional Security for Costs: 
 
 order to give, 3276. 
 
 effect of failure to obey, 3277. 
 see Costs; Security. 
 
 Address: 
 
 of defendant's attorney in notice of appearance, 421. 
 
 of attorney on summons, 417. 
 
 see Attorneys, Etc. ; Notice; Service, Etc. ; Summons. 
 
 Adjournment: 
 
 of drawing jurors, 1045. 
 of judicial proceedings: 
 
 in general, 84^45, 53. 
 
 in absence of judge, 35, 36. 
 
 on account of war, pestilence, etc., 41 
 
 to place other than court-house, 41. 
 
 notice of such adjournments, 41. 
 
 does not effect process, 44. 
 
 does not work abatement, 44. 
 
 to what day, 6. 
 
 by county judge, 355. 
 
 costs on, 3132, 3255 
 
14 INDEX TO NEW YORK CODE 
 
 LReleretiL'L's iiic to SfcLion^.] 
 Adjournment — Continued. 
 by arbitrators, 2:368 
 in justices' courts, ■'■iiH, 2!)44, 2959-3968, 3983, 3003, 3106, 
 
 8133, 3140; see Justices' Courts. 
 by commissioners in condemnation proceedings, 3370. 
 in lunacy proceedings, 8335. 
 
 in application for discharge from imprisonment, 2809. 
 on motion to set aside judgment, 1283, 1890. 
 in marine causes in New York city court, 3186. 
 at request of defendant, prevents removal from N. Y. 
 
 district court, 3316. 
 in summary' proceedings to recover possession of lands, 
 
 2248. 
 of examination in supplementary ijroceedings, 2444. 
 at special terms of supreme court, 239. 
 in surrogates' courts, 2481. 
 of sale on foreclosure, 2392. 
 of sale, see Sales. 
 see Courts; Jury, Etc.; Justices' Courts. 
 
 Admeasurement of Dower, see Dower. 
 
 Administration and Administrators, see Executors and 
 Administrators; Surrogates, Etc.; "Wills. 
 when defendants in action for partition, 1538. 
 accounting by, at instance of sureties, 813. 
 letters of, defined, 3514. 
 executions against property in hands of, see Executions (~). 
 
 Admiralty Jurisdiction: 
 
 New Yorli city court has not, 317. 
 
 Admission: 
 
 of genuineness of paper requiring, 735. 
 by member of corporation, 839. 
 of service of summons, 434. 
 of attorneys. 56-60 
 
 certificate of, 59. 
 of graduates of certain law schools. 58. 
 in pleadings, 532, 533; see Pleadings. 
 
 Ad Quod Damnum, 1901, 2103; see Assessment of Dam.\ges. 
 
 Adultery: 
 
 court may exclude public in actions for divorce on ground 
 of, 5. 
 
OF CIVIL PROCEDURE. 1 5 
 
 [References are to Sections.] 
 
 Adultery — Continued. 
 
 action for divorce on ground of, when maintainable, 1756- 
 - 1761. 
 
 husband or wife may testify to disprove allegations of, 831. 
 see DivoECE. 
 
 Advancement : 
 
 for infant's support, 3846. 
 
 how treated in accounting in surrogate's court, 2733. 
 
 see ExECUTOKS, Etc. 
 
 Adverse Possession : 
 
 under statute of limitations, etc., 368, 375, 379. 
 under written insti'ument or judgment, 369. 
 
 what is, 370. 
 under claim of title not written, 371. 
 
 what is, 372. 
 relation of landlord and tenant as affecting, 373. 
 see Limitations. 
 
 Advertisement : 
 
 foreclosure by, see Moetgages. 
 
 proof of publication of, 926. 
 
 publication of, 826. 
 
 of sale, fees of sheriff on, 3307. 
 
 for liens in partition, 1563. 
 
 where no newspapers, etc., in county, 826. 
 
 rule of construction as to, 3340. 
 
 of notice of sale of real property, 1678. 
 
 fees allowed printers for printing, 3317. 
 
 for claims against decedent, 2718. 
 
 see State Papee. 
 
 Affidavit : 
 
 defined, 3343, subd. 11. 
 
 disregarding defects in, 728. 
 
 before whom taken, 842-844, Statutory Cons. Law, 14. 
 
 fees for taking, 3289, 3298. 
 
 filing of, by con tester in action to foreclose lien on vessel, 
 
 3425. 
 of substituted service, 434. 
 to obtain order to show cause, 780. 
 includes what. Statutory Cons. Law, 14. 
 ex parte, when admissible in justice's court, 3004. 
 
l6 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Affidavit — Continued. 
 
 mistakes and defects in, 683, 728. 
 must be appended to an account, 2729. 
 must be preserved by justice of the peace, 3143. 
 to extend time, 781. 
 
 copy must be served, 782. 
 of service, evidence, 927. 
 of substituted service, 435. 
 
 to prevent notary's certificate from being evidence, 923. 
 of printer as to publication, 926. 
 verified answer, efiiect as, 630, 923. 
 in place of return on appeal, 3056, 3057. 
 of merits, 980. 
 
 no inquest for want of, where answer is verified, 980. 
 of party or sureties to undertaking, 812. 
 when to be filed, 3143. 
 on proceedings to compel delivery of books to public officer, 
 
 2471a. 
 compulsory, 885. 
 see also Akrest; Attachment; Depositions; Evidexce; 
 
 Injunction; Oaths, Etc. 
 
 Affinity, see Relationship. 
 
 when does not disqualify, 46 
 
 Affirmations, see Oaths, Etc. 
 when may be made, 847. 
 when false, perjury, 851. 
 
 Afflpmative Relief: 
 
 demanded in answer, 509. 
 judgment may grant, 1204. 
 
 After-born Child, see Posthumous Children. 
 
 Age: 
 
 of consent, action to annul marriage because woman under, 
 
 1742. 
 of consent, 1742-1744. 
 of jurors, 1027, 1079, 1126. 
 judge to file cei'tificate of, 54. 
 see also Infants, Etc. 
 
 Aged and Infirm Witness: 
 
 testimony of, see DEPOSITIONS. 
 
 testimony of, how taken in surrogates' courts, 2539, 3540. 
 
OF CIVIL PROCEDURE. I7 
 
 [References are to Sections.] 
 
 ent: 
 
 injunction against, 624. 
 cannot sue in his own name, 449. 
 return by, of commission, 904. 
 
 where agent sick or dead, 905. 
 affidavit by, in replevin, 1713. 
 limitations in action by principal against, 407. 
 contest by, in action to foreclose lieu on vessel, 3430. 
 may apply for discharge of warrant in action to foreclose lien 
 
 on vessel, 3435. 
 liability of, 407, 410, 549, 636, 637, 789, 1969-1975, 2895. 
 of creditor may examine property before execution sale, 1384. 
 of owner of animal, 3115. 
 of non-resident owner, 3360, 8362. 
 of prisons, 1030. 
 see also Assistants, Etc. ; Bailee ; Clerks ; Power of 
 
 Attorney; Verification. 
 
 Agreed Case : 
 
 submission of controversy upon, 1379-1281; see Actions (11). 
 
 Agreements, see Contracts. 
 
 Albany, City of : 
 
 special provisions relating to jurors in, 1041. 
 
 summary proceedings in, 3234. 
 
 recorder of, special duties regarding drawing of jurors, 1041. 
 
 justices' courts in : 
 
 service of complaint with summons, 3207, 3308. 
 
 proof of service, 3308. 
 
 how action commenced, 3209. 
 
 arrest, attachment and replevin in, 3210, 3311. 
 
 where title to real property comes in question, 3313. 
 
 jurisdiction, 3214, 3323. 
 
 may enter judgment by confession, 3834. 
 
 docketing judgments, executions, 3335. 
 
 security for costs in, 3268-3879. 
 
 application of certain sections, 3386. 
 
 Albany, County of: 
 
 supreme court in, certain petitions to be presented to, 1975. 
 fees of constables, etc., attending court in, 3313. 
 jail liberties in, 145. 
 
 justices' courts in, 3307; see Justices' Courts. 
 stenographer in surrogate's court, 3513. 
 3 
 
l8 INDEX TO NEW YORK COl-E 
 
 [References are to Sections.] 
 
 Albany Law School: 
 
 exemptions of graduates of, 58. 
 
 Aldermen: 
 
 boards of, ordinances, how proved, 941. 
 see also Cities. 
 
 Ale: 
 
 no charge for, by sheriflE to prisoner, 113. 
 in jails, 116, 138, 130. 
 
 Alias Summons, 2883. 
 
 Aliens: 
 
 city court of New York no power to naturalize, 318. 
 not entitled to be tried by petit juries that are part aUen, 1190. 
 limitation of actions by, 404. 
 when competent as executors, etc., 2613, 2613. 
 may act when disability is removed, 2613. 
 see also Naturalization. 
 
 Alimony: 
 
 court may award, 1759, 1766. 
 
 counsel fees, costs, etc., 1769. 
 
 provisions concerning, 1769, 1772. 
 
 counterclaim in action for divorce or separation, 1770. 
 
 sequestration for failure to pay, 1772. 
 
 imprisonment on failure to pay. 111, 1773. 
 
 see also Divorce. 
 
 Allowance: 
 
 in addition to costs, 1559, 3730, 3252-3254, 3256, 3258, 3263 3369. 
 upon sale of real property, 2563. 
 
 no commission, 2564. 
 of undertaking for costs, 3276. 
 in surrogates' courts, to executors, etc. , 2562. 
 ex officio judge not to be interested in allowance of attorneys, 
 
 49. 
 see also Accounts, Etc. ; Additional Allowance : Costs ; 
 
 Surrogates, Etc. 
 
 Alteration: 
 
 of court papers, 727. 
 
 of titles and head notes, effect of. Statutory Cons. Laws, 34. 
 
 Alternate Writs, see Mandamus; Prohibition. 
 
OF CIVIL PROCEDURE. I9 
 
 [References are to Sections.] 
 
 Amendments: 
 
 to court papers, etc. : 
 
 in general, 731-730. 
 
 to cure variance, 539, 540. 
 
 to remedy indefiniteness, 546. 
 
 of course, 542, 543. 
 
 amended pleadings to be served, 543. 
 
 vphen allowed, 723. 
 
 by court, in what manner, 723. 
 
 immaterial errors to be disregai'ded, 723 
 
 to conform pleadings to proof, 724. 
 
 of returns by officers, 725. 
 
 lost papers, how supplied, 726. 
 
 order of court, when necessary to, 727. 
 
 certain defects to be disregarded, 728. 
 
 defects in bond or undertaking, 730. 
 
 proceedings for condemnation of real property, pro- 
 visions of title 1, chapter 8, apply to. 3368. 
 
 to revive action, 760. 
 
 of schedules upon proceeding for dissolution of corpora- 
 tion, 2427. 
 
 upon change of name, etc., 451, 452, 2416. 
 
 upon learning real name, 451, 2884. 
 
 by substitution of parties, see Paeties. 
 
 after trial of issue of law, 497, 1021, 1224, 2944. 
 
 of award, when, 2375. 
 
 in actions to recover chattels, 1728. 
 
 upon variance between pleading and proof, 539-541. 
 
 in justices' courts, 2884, 3944, 3049. 
 
 before referees, 1018. 
 
 in surrogates' courts, 3474, 2575. 
 
 case, etc., see Exceptions, Etc. 
 
 of judgment determining validity of will, 2653a. 
 
 of judgment probating will, 3653a. 
 
 proceedings on appeal, 1303, 3575, 3049. 
 
 to perfect appeal, 1303, 3049. 
 
 upon state writs, 1997. 
 uncertain pleadings may be made definite by, 546. 
 change in names, notice of by county clerk, 2417. 
 amendments to case, costs on making, 3251. 
 see Defects, Etc ; Irregularity: Mistakes. 
 
 Amended Pleadings, see Amendments. 
 
20 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Amereements, see Fines, Etc. 
 
 Ancillary Action : 
 
 for discovery, abolished, 1914. 
 
 Ancillary Letters : 
 
 to executors and administrators, 2694-3704. 
 to guardians, 2838-2841. 
 
 see Executors, Etc. ; Guardian and Ward ; Surrogates, 
 Etc. 
 
 Animals : 
 
 attachment of, sale, etc., 656. 
 
 fees of sheriff on levy upon, 3307. 
 
 strays, justices' jurisdiction of, 3083-8115; see Strays. 
 
 Annual Returns, see Returns. 
 
 Annual Statement, see Reports. 
 
 Annuities : 
 
 apportionment of, 2720. 
 
 Annulled : 
 
 warrant of attachment, when said to be, 3343. 
 
 Annulment: 
 
 of corporation, 1797-1803; see Coeporations (3) . 
 of marriage, action for, 1742-1755; see Divorce (1). 
 
 Another Action Pending: 
 
 as ground of demurrer, 488. 
 
 Another's Name: 
 
 suits in, prohibited, 1900. 
 
 Answer, see Pleadings. 
 
 Appeals: 
 
 from arbitrators, 2381 , 
 
 from New York city court, 3188-3194. 
 
 from justices of peace, 361, 3044-3073, 3095, 3102, 3106, 3140, 
 
 3213. 
 from order of another court, 774. 
 from surrogates' courts, 2474, 2545, 2549, 3552, 2568-3589, 
 
 2636, 2771, 2791; see Surrogates, Etc. 
 from judgment affecting title to office, 339. 
 
OF CIVIL PROCEDURE. 21 
 
 [References are to Sections.] 
 
 Appeals — Continued. 
 
 from court of claims, 375. 
 
 when and how taken, 276. 
 
 case on, 277. 
 
 preference, 278. 
 (1) in civil actions : general provisions : 
 case and exceptions on, 992, 994-1007. 
 
 when may be heard without a case, 998. 
 cases, briefs, points, etc., upon, regulations concerning, 
 
 796. 
 former confirmed, 3347. 
 extending time to take, 784, 785. 
 costs on, 3237-3239, 3251. 
 right to, prevents certiorari, 2122. 
 judge, when disqualified to hear, 46, 48. 
 by poor person, 466. 
 by certiorari, when, 2120-2122. 
 suspending judgment lien by, 1255, 1359. 
 effect on limitations, 1355, 1382. 
 preference of, see Preferred Causes. 
 writ of error abolished, 1393. 
 when party may appeal, 1394. 
 designation of parties. 1295. 
 title of cause on, 1395. 
 allowed, except on defaults, 1393. 
 none from order denying motion for judgment on frivolous 
 
 pleadings, 537. 
 by person entitled to substitution, 1396. 
 
 order of substitution, 1296-1299. 
 when successful party dies, 1297. 
 
 substitution, 1298, 1299. 
 
 undertaking, 1297. 
 notice by appellant, 1300-1303. 
 
 what to specify, 1301, 1316. 
 
 if service impossible, 1302. 
 
 supplying omissions, 1303. 
 entry of order before, 1304. 
 
 how compelled, 1304. 
 undertaking by appellant, 1305-1309. 
 
 waiver of, 1305. 
 
 deposit instead, 1306. 
 
 must be filed, 1307. 
 
 new, when required, 1308. 
 
22 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Appeals — Continued. 
 
 action on, 1309. 
 
 notice before, 1309. 
 notice, how served, 1309, 
 
 when dispensed with, 1312. 
 
 when limited, 1313. 
 
 none from state, 1313. 
 
 none from municipal corporation or public officer, 1314. 
 exception, 1314. 
 stay on, effect, 1310. 
 
 may exceed twenty days, 775. 
 
 exceptions to, 1310, 
 
 sale, in excepted cases, 1310. 
 
 proceeds to abide, 1310. 
 
 discharge of levy, 1311. 
 
 attachment not discliarged, 1311. 
 transmission of papers to appellate court, 1315. 
 
 when, of what, 1315. 
 
 by appellant, 1315. 
 
 by respondent, when, 1315. 
 
 filed by clerk, 1315. 
 
 appeal heard thereon, 1315. 
 review of interlocutory judgment, 1316. 
 
 on appeal from final, 1316. 
 appellate court, powers, 1317. 
 
 affirmance, 1317. 
 
 reversal, wlien no appeal lies from, 1318. 
 
 enforcing modified or affirmed judgment, 1319. 
 
 award to respondent, 1317. 
 
 enforcing judgment, 1819. 
 
 enforcing affirmed order, 1320. 
 
 restitution by, 1323. 
 reversed judgment, docketing, 1321. 
 
 correcting docket, 1321. 
 after remittitur. 1322, 
 
 judgment lien until correction, 1331. 
 
 how reviewed, 1:118, 
 realty owner, when affected by, 1323. 
 
 selling after appeal, 1323. 
 
 cancelling lis pendens, 1323. 
 restitution, when awarded, 1323 
 (2) to court of appeaU : 
 in what eases, 190, 191, 1334. 
 
OF CIVIL PROCEDURE. 23 
 
 [References are to Sections.] 
 
 Appeals — Continued. 
 
 unanimous decision of appellate division, when reviewable, 
 
 191. 
 within what time, 1235. 
 when direct from special term, 1336. 
 
 or trial term, 1336. 
 case, settlement, etc., 1339. 
 questions reviewed, 190, 191, 1387. 
 
 of fact, 1338. 
 undertaking, to perfect, 1326. 
 to stay execution, 1337. 
 
 for delivery of propei'ty, 1328. 
 on judgment for chattel, 1329. 
 on judgment directing conveyance, 1330. 
 on judgment for real property. 1331. 
 qualification of preceding sections, 1332, 13:i3. 
 form and service, 1334. 
 sureties, exceptions to, 1335. 
 justification, 1335. 
 cross-appeal by respondent, 1350. 
 costs on, 3251 ; see COSTS, 
 see also Courts (4) . 
 
 (3) to supreme court from inferior courts : 
 in what cases, 1340. 
 
 within what time, 1341, 1343. 
 security upon, 1341. 
 from final judgment, 1340. 
 from orders, 1343. 
 security required, 1343. 
 heard by appellate division, 1344. 
 appellate court's powers, 1344. 
 judgment or order on appeal, 1345. 
 ■ entry where, 1345. 
 
 judgment-roll, 1345. 
 
 effect, stay, 1345. 
 
 (4) to appellate division of supreme court : 
 from final judgment, 1346. 
 
 from final judgment after affirmance of interlocutory judg- 
 ment, or denial of new trial; review in court of appeals; cross- 
 appeals, even if original time to appeal has expired, 1350. 
 
 from interlocutory judgment, 1349. 
 
 when from court order, 1347. 
 
 from order made out of court, 1348. 
 
24 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Appeals — Continued. 
 
 from order of court of claims, 275. 
 within what time, 1351. 
 security, 1351. 
 upon what papers, 1353. 
 undertaking to j)erfect, 1351. 
 undertaking to stay execution, 1353. 
 where heard, 1355. 
 judgment, entry of, 1354. 
 
 judgment-roll, 1354. 
 in special proceedings: 
 
 from what orders, 1356. 
 
 in same court, 1356. 
 
 to supreme court, 1356. 
 
 from order made in another court, 1357. 
 
 preceding order may be reviewed, 1358. 
 
 within what time, 1359. 
 
 security required, 1360. 
 
 hearing, 1360. 
 
 order on, entry, 1360. 
 enforcement, 1360. 
 
 effect of foregoing sections, 1361. 
 
 (5) to the general term of New York city court : 
 from a judgment, 3188. 
 
 from an order, 3189. 
 
 time for, 3190. 
 
 proceedings thereupon, 3190 
 from the general term of New York city court to supreme 
 court, 3191. 
 
 proceedings regulated, 3192. 
 
 within what time, 3193. 
 
 determination upon, how enforced, 3194. 
 
 where new trial was properly granted, 3194. 
 
 (6) in surrogates' courts, see Surrogates, Etc. 
 
 (7) from justices' courts, see Justices' Courts (12); Justices 
 
 OP THE Peace, Etc. 
 
 (8) fro7n district courts of city of New York, 3213, 3214. 
 
 see Courts (U) (c). 
 
 (9) in particular cases : 
 
 in condemnation proceedings, 3375-3377. 
 from final order, stay, 3375. 
 what brought up for review, 3375. 
 appeal from judgment by plaintiff, 3376. 
 
OF CIVIL PROCEDURE. 25 
 
 [References are to Sections.] 
 
 Appeals — Continued. 
 
 how far criminal cases affected, 3347. 
 
 in action for dower, does not stay execution, 1616. 
 
 exception, 1616. 
 effect of affirmance upon, in action by judgment debtor 
 
 against grantee, 1440. 
 from award of arbitration, 2381. 
 in action to foreclose lien on vessel, 3431. 
 in action to foreclose mechanic's lifen, 3409. 
 in proceedings upon state writs, 3058-2064, 2087, 2101, 2122. 
 in summary proceedings, 2260-2268, 2265. 
 in supplementary proceedings, 2433. 
 in cases awarding damages for injunction, 623. 
 
 sureties, when to have notice of, 623. 
 from district courts, see Courts (11) (c). 
 from justices' courts, see Justices' Courts. 
 in surrogates' courts, see Surrogates, Etc. 
 from New York city court, see COURTS (11) (b). 
 in action to foreclose mechanic's lien, disposition of money 
 during, 3413. 
 
 Appearance: 
 
 parties in person, 55. 
 
 by attorney, 55. 
 of defendant, 421. 
 
 as affecting service of papers, 799. 
 voluntary, effect of, 424. 
 bv parties not served, 424, 2458, 2474, 3617. 2655. 3663. 2876, 
 
 "3933, 2933. 
 by defendant, entitles him to notice of what, 1819. 
 default in, 1314; see Default. 
 in justices' courts, 2876, 3886-3893, 2932, 2933, 2988. 
 
 of plaintiff, where defendant is arrested, 2899, 
 
 of plaintiff, defendant may move to vacate order of 
 arrest upon, 2901. 
 notice of, 419, 431, 422, 479. 
 in condemnation proceedings, 3364. 
 in surrogates' courts, 2538, 2617. 
 
 Appellate Division: 
 
 adjournment of, 84. 
 
 appeals from city court of New York. 3191. 
 
 appeals on exceptions to, 1000, 1001, 1003. 
 
26 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Appellate Division — Continued. 
 
 appeals to, in general, 1308-1317, 1335-1337, 1339, 1340, 1344- 
 
 1351, 1353-1355, 1357; see Appeals. 
 appeals to: 
 
 from report of appraisers, 3375, 3376. 
 
 from surrogates, 3568-2589; see SURROGATES, Etc. 
 appeals to in cases affecting title to public office, 239. 
 application to for moneys paid, 3117, 3118. 
 
 to vacate injunction, 636. 
 appointment of clerks, 89. 
 
 of supreme court reporter, 248-350. 
 
 of terms by governor, 234. 
 
 of terms of the supreme court, 333, 333. 
 clerks, etc., of, 89, 331, 254-357 
 a court of record, 3. 
 costs upon appeal to, 3251. 
 direction by, to destroy papers, 21. 
 examination, etc., of attorneys, 56. 
 exceptions, when first heard at, 1000. 
 fees of officers of, 343. 
 
 final judgment, when rendered by, 1224, 1227. 
 no penalty for acts adjudged lawful by, 1961. 
 limitation of jurisdiction of court of appeals, 191. 
 number of justices necessary for a decision, 230. 
 mandamus by, to judge, when, 3069 
 motion for judgment at, 1234. 
 officers required to attend, 248. 
 re-argument, when cause transferred to another department, 
 
 331. 
 organization of, time, etc., 320-331. 
 prohibition from, when to issue, 2093. 
 provisions relating to, 3343. 
 recognizance to appear before, 2061. 
 rules of practice established by, 17, 18. 
 stationery, etc., for, £43. 
 supreme court reporter, 348, 350. 
 submission of controversy to, 1381. 
 suspension of practice by attorneys, 67, 68. 
 writ of certiorari granted by, 2130, 3127, 3137, 2138. 
 
 of mandamus, 3069, 3070, 308."i, 2087, 2089. 
 
 of prohibition, 3093, 2095, 3099, 2101, 3103. 
 see also Appeals ; Courts; Supreme Court. 
 
OF CIVIL RROCEDURE. 2J 
 
 [References are to Sections.] 
 
 Application: 
 
 for warrant in action to foreclose lien on vessel, service of, 
 
 etc., 3423. 
 for discharge of warrant in action to foreclose lien on vessel, 
 
 by whom, and when, 3435. 
 undertaking, 3446. 
 for order after refusal, 776 . 
 
 for judgment, when may not be withdrawn, 777. 
 to court for judgment, when unnecessary, 420. 
 of certain portionsof code, regulated and qualified, 8345-3356. 
 of statutory construction law, Statutory Cons. Law, 1. 
 
 Appoint : 
 
 included in "choose.'' Statutory Cons. Law, 17. 
 
 Appointments: 
 
 of guardian ad litem, 1535; see Guaedian and Ward. 
 
 of stenographer in surrogate's court, 2513. 
 
 of commissioners, 1549. 
 
 of additional appraiser or umpire, 2367. 
 
 of appraisers, 2711. 
 
 of clerk of surrogate's court. 2509. 
 
 and see under the different officers and proceedings. 
 
 Appoptionment : 
 
 of rents, annuities, dividends, etc., at death, 27i0. 
 
 remedies, 2720. 
 
 payor's rights. 2720. 
 of debts among legatees, 1839, 1847. 
 
 joint action, 1846. 
 
 several judgment, 1847. 
 of proceeds of partition, 1569, 1570. 
 of dower, see Dower. 
 
 Appraisement : 
 
 of decedents' estates, 2511, 2707-2715, 2744, 2760. 
 of property attached, 654, 661, 666. 
 
 taken for public use, see Condemnation Law. 
 reference to make, 827; see Commissioners. 
 
 Appraisers : 
 
 appointment of, 2711. 
 
 reference as to, 827. 
 fees of, in surrogates' courts, 2565, 2711. 
 to make inventory, 2711. 
 
28 INDEX TO NEW YORK CODE 
 
 [References arc to Sections,] 
 
 Appraisers — Continued. 
 
 clerk of surrogate's court not to act as, 8509. 
 oath of, of attached proj)erty, 661. 
 
 Approval : 
 
 of bond or undertaking, 813. 
 by reference, 827. 
 see also Bonds. 
 
 Arabic Figures : 
 
 use of, in writs and process, 32. 
 
 Arbitration : 
 
 submission to, when cannot be made, 2365. 
 how made, 2366. 
 stipulation for judgment, 2366. 
 revocation, when allowed, 2383. 
 
 by death, lunacy, 3383. 
 
 how made, 2388. 
 
 liability for, 2384. 
 
 limitation of recovery against party revoking, 2385. 
 application of title, 2886, 
 effect of, on limitations, 411. 
 arbitrators, oath and waiver of, 2369. 
 appointment of additional, 2367. 
 umpire must sit with. 3367. 
 meetings, hearings. 3361, 2368. 
 adjournments, 2368. 
 issuing subpoenas, 854. 
 power over witness, 3370. 
 fees and expenses, 3371. 
 award, of majority, 2371. 
 formal requisites, 2373. 
 motion to confirm, 2373. 
 modifying, 2375. 
 
 motion, stay, 3376. 
 vacating, motion, 3374. 
 
 costs, 2377. 
 
 grounds, 2374. 
 
 notice, 2376. 
 judgment on, costs, 3378. 
 
 judgment-roll, 2379. 
 
 effect of judgment, how enforced, 2380. 
 
 appeal, 2381. 
 
OF CIVIL PROCEDURE. 29 
 
 [References are to Sections. ] 
 
 Argument : 
 
 notice of, see Appeals; Notice. 
 
 judge not to sit who has not heard, except in court of appeals, 
 etc., 46. 
 
 Arms : 
 
 when exempt from seizure, 1393. 
 
 Arrest, see also Bail. 
 (1> miscellaneous : 
 
 application of certain provisions to, 3347. 
 combined witli other provisional remedies, 719. 
 
 when plaintiff may be compelled to elect, 719. 
 escape from, see Escapes. 
 inquiry into, see H.\beas Corpus. 
 when not allowed, 15, 16, 1281, 2318. 
 
 together with injunction and attachment, 719. 
 application to vacate to be decided within 20 days, 719. 
 in action against unincorporated association, 1921. 
 privilege from, witnesses, 860-865. 
 
 officer having prisoner in custody, 119. 
 prisoner in custody, 110. 
 
 see (2), infra. 
 how prisoner to be kept, 110-113. 
 by coroner, 173-181 , 3310. 
 by sherifie, 113, 114, 118, 119. 
 fees for, 3307, 3308. 
 for contempt, see Contempt. 
 for disobedience to subpoena, 855. 
 for non-payment of fines, 2296-3299. 
 imprisonment upon, see Jails, Etc. 
 in certiorari or habeas proceedings, 2058. 
 see also State Writs ; Habeas Corpus (3). 
 inquiry into, see Habeas Corpus. 
 
 in justices' courts, 2877, 2894-3904, 2952, 2963, 3964, 3975, 3977, 
 3018, 3032, 3136, 3140, 3151, 3153, 3810, 3211, 3317, 3218, 3230; 
 see Justices' Courts. 
 in New York city court, 339, 3163, 3166, 3177-3185, 3311, 
 in Albany and Troy justice's court, 3310, 3311, 
 custody of prisoner, 110. 
 in New York city court, how directed, 338. 
 effect of in replevin suit, 1714. 
 of delinquent juror, 1110. 
 of assignee, 555. 
 of debtor in supplementary proceedings, 3437-3440, 2463. 
 
30 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Arrest — Continued. 
 
 of insolvent debtor, 2185, 2187, 2213. 
 
 exemption from of insolvent debtor, 860, 2188-2199 
 
 of joint debtors, 1940. 
 
 of usurper of office or franchise, 1949. 
 
 on executions, 1372, 1487-1494. 
 
 on defendant's motion, 730. 
 
 OE Sunday, 6. 
 
 motion to vacate, within vrhat time to be decided, 719. 
 
 election between and other provisional remedy, 719 
 
 (2) orders of arrest in civil actions : 
 
 are statutory, 548. 
 
 ne exeat, abolished, 548. 
 
 substitute for, 550. 
 when right to arrest depends on nature of the action, 549. 
 when it depends partly on extrinsic facts, 550. 
 when of rigrht and when discretionary, 551. 
 not affected by foreign judgment, 552. 
 when and where granted. 551. 
 persons privileged from: 
 
 women, 553. 
 
 infants, 554. 
 •insolvent debtor, see Insolvency. 
 
 lunatics, etc., 554. 
 
 persons in representative capacity, 555. 
 
 court officers, 565. 
 
 attorneys, 565. 
 
 witnesses, see Evidence (3). 
 
 discharge of, 561, 564. 
 by whom granted, 556. 
 not iaipaired by removal of action, 346. 
 at what time, 558. 
 affidavit for, 557. 
 undertaking, from plaintiff, 559. 
 
 when dispensed with, 560. 
 
 state, municipal corporation and public officer, ex- 
 empt from giving, 1990. 
 defendant to answer in vrhat time, 566. 
 
 may procure, when, 720. 
 order, requisites, 561. 
 
 execution by sheriff, 563. 
 
 vacating, papers for, 567, 568. 
 for delay, 573. 
 
OF CIVIL PROCEDURE. 3 1 
 
 [References are to Sections.] 
 
 Arrest — Continued. 
 
 papers on, copies to defendant, originals to be filed, 563, 
 
 590. 
 bail, undertaking, by defendant, 573-590. 
 deposit instead of, 573, 574, 585. 586. 
 undertaking of bail, 575 ; see Bail. 
 for jail liberties, 574. 
 not allowed where judgment debtor commits waste, 
 
 1444. 
 bail, justification, 578, 580, 3161, 3168. 
 allowance, 581. 
 sheriff, liable as, 587. 
 giving fictitious, a contempt. 14. 
 bail, charging and discharging, 591-601. 
 defendant's surrender, 591, 592. 
 effect of, when action is removed, 346. 
 exoneration, 592. 
 suits against, 599, 
 see Bail ; Undeetakings. 
 by sheriff, 113, 114, 118, 156, 3307; see Sheriff. 
 in justices' courts, see Justices' Courts. 
 in New York district courts, see Courts (1 1). 
 in justices' courts of Albany and Troy, 3210, 8211, 3223. 
 in marine causes in New York city court, see Courts 
 (11). (b). 
 Assault: 
 
 included in "personal injury," 3343. 
 
 private trial of, when, 5. 
 
 actions for damages for, costs in, 3228. 
 
 justices of the peace, no jurisdiction of actions for, 2863. 
 
 limitation of, 384. 
 
 in marine causes, 317, 8177. 
 
 arrest in, 8177, 3187. 
 district court of New York, no jurisdiction of actions for, 3215. 
 
 Assessment: 
 
 chattels seized for collection of, cannot be replevied. 1690. 
 to be paid out of proceeds of sale in dower, etc., 1670. 
 see Assessment of Damages; Taxes, Etc. 
 
 Assessment of Damages : 
 
 on taking realty for state, 2104 
 vchen title vests, 2116. 
 
32 INDEX TO NEW YORK CODE 
 
 [Keferences are to Sections.] 
 
 Assessment of Damages — Continued. 
 writ for, defined, 3103. 
 
 a state writ, 1991. 
 
 application for, 3104, 3105. 
 
 to whom directed, 3106. 
 
 contents, 3107. 
 
 notice of execution, 3108. 
 see also State Writs. 
 depositions as evidence upon, 881, 888. 
 jury for, oath, 3109, 3110. 
 
 inquisition, 3111. 
 
 notice of application thereupon, 8113. 
 setting aside, 3113, 3113. 
 
 on affidavits, etc., 3113. 
 confirmation, 3113. 
 order on confirming inquisition, 3114. 
 damages, how paid, 3115, 8116. 
 
 investment of, 3117. 
 
 claimants of, 3118. 
 on taking land for United States, 3119. 
 miscellaneous oases : 
 
 in action to recover money, 1188. 
 
 amount to be found, 1184. 
 
 in recovery of chattel, 1739. 
 by court or referee, 1739. 
 
 after remittitur, 194. 
 
 exceptions on an, to be included in a case, 997. 
 
 on vacating certain injunctions, 616, 617, 633-635, 
 
 on judgments by default, 1313-1315, 1319. 
 
 for seizure of animals, 3096. 
 
 remitting portion of, 3176. 
 
 disagreement of jury for, 1181, 
 see also Condemnation LAvy ; Damages. 
 
 Assets: 
 
 of decedent's estate: 
 
 defined, 3514, sub'd 8. 
 
 decree directing payment by executor conclusive as to, 
 
 3553. 
 restitution of, 3801. 
 vphat are, 3713. 
 what are not, 3713. 
 inventory of, 3714. 
 
OF CIVIL PROCEDURE. 33 
 
 [Keferences are to Sections.] 
 
 Assets — Continued. 
 
 distribution of, by executor, 2732. 
 see also Executors, Etc. 
 
 Assignation, House of, see Disoedeely Houses. 
 
 Assignee: 
 
 ntay bring action to recover chattel, 1692. 
 
 not liable to arrest, when, 555. 
 
 when may consent to insolvent's discharge, 2153. 
 
 when to give security, 3268, 3270, 3271. 
 
 of insolvent debtor, see Insolvency. 
 
 enforcement of mechanic's lien by, 3399. 
 
 see Assignment. 
 
 Assignment: 
 
 transferee, rights of action, 449, 1909. 
 
 subject to equities, 1909. 
 assignable claims, 1910, 1911. 
 in insolvency proceedings, see Insolvency; Judgment 
 
 Creditoe. 
 of action in case of usury, 1911. 
 
 transferee's position, 1911. 
 of money judgment, effect of, 1913. 
 
 action upon, when maintainable, 1913. 
 of bond or undertaking, 160-171, 710. 
 costs in case of, 3247. 
 of certificate of sale, 1473, 1474. 
 
 by corporation, pending dissolution, when void, 2430. 
 of dower, bars action, 1604. 
 effect of pending suit, 756. 
 fraudulent, a bar to insolvent's discharge, 2173. 
 
 proceeding of executor, etc., after setting aside, 3751. 
 of judgment, execution after, 1376. 
 
 satisfaction after, 1260-1262. 
 
 notice of assignee equivalent to, 1263. 
 
 filing of assignment by county clerk, 1370. 
 
 application of foregoing sections, 1273. 
 of lease : 
 
 redemption by assignee, etc. , 2256. 
 
 redemption by creditors of lessee, 3257. 
 of attorney, for poor person, 460. 
 
 Assignment for Benefit of Creditors : 
 
 notice of, by assignee, 1263. 
 
 to be filed with county clerk, 1263. 
 effect on judgments, 1363. 
 3 
 
34 INDEX TO NEW YORK CODE 
 
 [RefereDceB are to Sections.] 
 
 Assignment for Benefit of Creditors — Continued. 
 in insolvencj' proceedings : 
 
 directed by court, wlien, 2174. 
 
 contents of, 3175. 
 
 to whom made, 2175. 
 
 how executed, 3175. 
 
 must be recorded, 3175. 
 
 trustees therein, how selected, 2176. 
 
 effect of, 2177, 2182. 
 
 title of trustees thereunder, 3177. 
 
 trustees to give certificate of assignment by insolvent, 3178. 
 
 how executed, 3178. 
 county clerk to give certificate of recording, 2178. 
 when discharge to be granted, 3178. 
 
 to be recorded, 3181. 
 refusal of trustees to give certificate , proceedings upon, 
 3179, 2180. 
 upon exemption from arrest of insolvent debtor : 
 when to be directed, 3194. 
 effect of, 3195, 2197. 
 debts not afifected thereby, 2198. 
 upon discharge from imprisonment of judgment debtor : 
 directed by court, when, 2208. 
 contents of, 2208. 
 to whom made, 3308. 
 effect of, 3211. 
 how executed, 2311. 
 title of trustees thereunder, 3311. 
 must be recorded, 3311. 
 lien of judgment unaffected thereby, 3213 
 provisions relating to assignees: 
 when a public oflicer, 1890. 
 
 official bond of, permission to prosecute, 1890. 
 not to be arrested, 555. 
 
 exception, 555. 
 when compelled to give security for costs, 3368-3271. 
 actions by, on judgment of county court, may be brought 
 
 in such court, 340. 
 may become a consenting creditor in insolvency proceed- 
 ings, 2153. 
 when sole plaintiff or sole defendant, action entitled to 
 
 preference, 791. 
 form of bond of, 812. 
 
OF CIVIL PROCEI>URE. 35 
 
 [References are to Sections.] 
 
 Assignment for Benefit of Creditors — Continued. 
 accounting by at instance of sureties, 813 
 see Insolvency. 
 
 Assignment of Counsel, 460, see Parties (4). 
 
 Assistants and Deputies: 
 
 to clerk of court of appeals, 201. 
 stenographers, 82-87, and see Stenogeaphees. 
 
 board of supervisors to provide for payment of, 88. 
 deputy : 
 
 clerk of court not to practice, 61. 
 clerk of court of appeals, 200. 
 powers and duties of, 300. 
 clerks in New York city court, 338-330. 
 clerks may take affidavits, 842. 
 vchen constable cannot act by, 3157. 
 county clerks, 89. 
 
 powers and duties of, 89, 843. 
 may strike jvir}', 1065. 
 sheriff shall not practice, 63. 
 
 compensation of, for attending court, 8313. 
 
 exceptions. 3812. 
 shall not purchase at sale by himself, 1387. 
 may act for sheriff in redemption proceedings, 1455. 
 when to act as crier, 92. 
 disqualified for jury duty, 1029. 
 deputies of state engineer and surveyor, comptroller, secretary 
 of state, inspector of state prisons, state treasurer, superin- 
 tendent of banking, superintendent of insurance, and 
 attorney general, and superintendent of public works, 
 disqualified for jury duty, 1029. 
 
 Assize: 
 
 writ of. abolislied, 1688. 
 
 Associations, Joint Stock: 
 
 when within jurisdiction of county court, 341. 
 for action against, see Actions (5). 
 transporting passengers, to file statement, 1945. 
 how to consent to insolvent's discharge, 2154. 
 
 Asylums: 
 
 officers of, esempt from jury duty, 1030. 
 
36 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Attachment : 
 
 (1) of property : 
 
 provisions relating to, construed, 3343, 3347. 
 
 applied to chattel foreclosure, 1740. 
 when not to be combined with other provisional remedies, 719. 
 against joint debtors, 1940. 
 of partner's interest, when execution may issue against same, 
 
 1415-1417. 
 forms of, extended to actions to foreclose liens on chattels, 
 
 1738-1741. 
 when replevin lies against, 484, 1689-1693, 3919. 
 when indemnitors substituted, 1431-1427. 
 costs on, 3253. 
 sheriff's fees, 3307. 
 
 property exempt, in general, 1389-1404. 
 affidavit for, requisites, 635, 636. 
 
 fihng, 639. 
 warrant, in what actions, 635, 636. 
 
 when with otlier provisional remedies, 719. 
 
 on counterclaim, 730. 
 
 not on submitted facts, 1381. 
 
 grounds of, 635, 636. 
 
 for conversion of public property, 637. 
 
 granting, by whom, 638. 
 
 service of, 638. 
 time of, 638. 
 
 affidavit to be filed, when, 639. 
 
 security on, 640. 
 
 when dispensed with, 640, 1990. 
 
 contents, 641. 
 
 to whom directed, 641. 
 
 improperly granted, no defense, 642. 
 
 validity of undertaking, 643. 
 
 vacating, etc., 683, 683, 686. 
 
 delivery of property on, 709, 710. 
 sheriff's return upon, 713. 
 
 preferences between, 697, 1407, 1408. 
 
 when said to be annulled, 3343. 
 summons, when to be served, 638. 
 
 effect of non-service, 708. 
 undertaking, from plaintiff, 640, 643, 658, 668. 
 
 dispensing with, 640. 
 
 validity of, 643. 
 
OF CIVIL PROCEDURE. IJ 
 
 \ 
 [References are to Sections. 1 
 
 Attachment ^ Continued. 
 
 from subsequent plaintiffs, 701, 703. 
 state, public officer, etc. , exempt from giving, 1990. 
 defenses in actions on, 643. 
 levy, on what property, 644-648. 
 from time to time, 644, 
 after sheriffs term, 644. 
 on real property, 645. 
 
 lien of execution after levy on partnership property, 1415. 
 against foreign corporations, 646. 
 on defendant's stock, 647. 
 on bonds, notes, etc., 648. 
 on books and papers, 648-655. 
 on defendant's interest in corporation: 
 
 certificate to be furnished to sheriff, 650. 
 
 proceeding upon refusal of certificate, 651. 
 how made, on realty, 649. 
 
 on personalty, 649. 
 
 on corporate interests, 649. 
 
 on debts, 649. 
 
 on board vessel, 653, 653. 
 inventory, appraisers, 654. 
 
 filing, 654. 
 
 compelling, 681. 
 not discharged by perfection of appeal, 1311. 
 sale, of perishable property, 656. 
 
 in city court of New York, 3175. 
 of animals, 656. 
 order directing, 656. 
 proceeds applied, 656. 
 vessels excepted, 671-673. 
 sheriff to keep property, 674. 
 surplus, disposition of, 676, 677. 
 application for, 678. 
 orders as to, 676-678. 
 deposit into court, 675. 
 actions, sheriff may maintain, 655. 
 to collect debts, 655. 
 to recover property, 655. 
 upon undertakings, 664, 665. 
 plaintiff may join in, 677-680. 
 court has direction of, 678-680. 
 judgments in, 708. 
 
38 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Attachment — Continued. 
 
 claims, to property attached, 657. 
 how tried, 657. 
 
 finding not to prejudice right of claimant, 659. 
 plaintiff's undertaking, 658, 668, 669. 
 when debtor may claim, 670. 
 to vessel, valuation, 660, 661, 666. 
 
 notice, 667. 
 
 claimant's undertaking, 662. 
 discharge of vessel on, 663. 
 action on, 664, 665. 
 
 sale of vessel, 671-673. 
 motion to vacate : 
 
 how motion to be raade, 683. 
 how opposing it by new proof, 683. 
 prior, not to prejudice subsequent, when, 686. 
 discharge of, motion, 682-696. 
 defendant may apply for, 687. 
 defendant's undertaking, 688, 689, 694. 
 
 surety to justify, 690. 
 
 sheriff to retain property until justification, 691. 
 on partnership property, 693. 
 
 undertaking, 694. 
 
 valuation, 695. 
 on vessels, 693. 
 notice of application, 696. 
 restoration to defendant, 709, 710. 
 discharge of realty, 711. 
 
 sheriff to return warrant and his proceedings, 718. 
 decision on, when, 719. 
 senior and junior warrants, 697-705. 
 preferences, 697. 
 levy under junior, 698. 
 undertakings, 701, 705. 
 subsequent attachment of vessel, 708. 
 rights of, 703-705. 
 
 action by junior plaintiff and sheriff, 704. 
 joint actions, 705. 
 judgment, proof required for, 1217. 
 proceedings after, 706. 
 
 when enforcible only against attached property, 707. 
 not to be discharged on appeal, 1311. 
 execution, how made, 708, 1370, 1415. 
 
OF CIVIL PROCEDURE. 39 
 
 [References are to Sections ] 
 
 Attachment — Continued. 
 
 preferences among, 1406, 1407. 
 on partner's interest, 1417. 
 
 restoration, after discharge, 709. 
 sheriff, to make levy, 644. 
 
 to make and file inventory, 654, 681. 
 
 to try claims by jury, 657. 
 
 to make retui'n, how enforced, 681. 
 
 keep property and proceeds, 674, 691. 
 deposit same, 675. 
 
 release or pay over same, 676. 
 
 execution to one who levied, 706. 
 
 to return warrant, 712. 
 
 see also actions, supra. 
 to what extent applicable to vessels, 692. 
 in New York city court : 
 
 by whom granted, 327. 
 
 to wliom directed, 339. 
 
 affidavit for, 3169. 
 
 sale of perishable property, 3175. 
 in justices' courts, 3905-2918. 
 
 docket-book of, 3140. 
 see Justices' Courts. 
 
 in justices' courts of Albany and Troy, 3210, 3311. 
 in New York district courts, 3210, 3211. 
 
 undertaking, 3219. 
 
 see Courts, (11) (o). 
 (3) of the person : 
 
 for contempt, in general, see CONTEMPT. 
 
 by referee, 854, 855, 1018. 
 
 by surrogate's court, 2679, 3691, 3715, 3716, 2727. 
 
 for disobeying habeas corpus, 3038-3080, 2049. 
 
 of jurors, 2109, 2996. 
 
 of justice to compel return, 3055. 
 
 of officers of corporation, 1987. 
 
 of sheriff to compel obedience to order in action to foreclose 
 
 lien on vessel, 3440. 
 of witnesses, 15, 855. 
 
 before supervisors, 854-857. 
 
 in justices' courts, 855, 2971-2973, 2987, 3001, 8002, 3056. 
 costs, 3252, 3254. 
 
 execution after, 1370, 1415, 1417; see Executions. 
 replevin of attached property, 1421-1437. 
 
40 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Attempts: 
 
 to commence action, 399. 
 
 Attendants of Courts, see Courts, (3), (11) (b). 
 
 Attestation, see Subscribing Witness. 
 
 Attorneys and Counsellors-at-Law: 
 
 admission, examination for, 56-59. 
 
 rules for, how changed, 57. 
 
 race or sex not to exclude, 56. 
 
 certificate of, 59. 
 
 residing out of state, 60. 
 
 court of appeals rules, 56-58, 193. 
 
 oath of office, 59. 
 
 of certain law school graduates, 58. 
 appearance by, regulated, 55. 
 
 in justice's' courts, 3886, 3889, 3890. 
 
 on state writs, 1999. 
 
 in surrogates' courts, 3528, 
 
 in condemnation proceedings, 3363, 3370. 
 
 see Appearance. 
 application by, for discharge of warrant in action to foreclose 
 
 lien on vessel, 3435. 
 arrest of, in civil action, 549. 
 
 when exemjjt from, 565. 
 assignment of: 
 
 for poor person, 458-467. 
 
 in condemnation proceedings, 3363. 
 authority of, how proved in justices' courts, 3890. 
 
 proof of, on ejectment, 1514. 
 
 compelling production of in action of ejectment, 1513- 
 1515. 
 compensation of, how governed, 66. 
 
 lien of, 66. 
 
 see also Fees. 
 confidential communications to, 835, 836. 
 costs of, see Costs. 
 death or disability of, 65. 
 
 stay and proceedings on, 65. 
 
 effect on appeals, 1302. 
 deceit, delay and overcharge by, 70, 71. 
 defense of, in person, 81. 
 
OF CIVIL PROCEDURE. 4I 
 
 [References are to Sections.] 
 
 Attorneys and Counsellors-at-Law — Continued. 
 disqualified to practice when : 
 
 attorney-general's partner, 78-81. 
 
 court clerks, ci-iers, etc., 61. 
 
 constable, coroner, 62, 2889. 
 
 district-attoi-ney's partner, 78--81. 
 
 judges, 46, 47, 49, 51. 
 
 judge's partner or clerk, 50, 2509, 2889. 
 
 sheriff and deputies, 62. 
 
 surrogate's father or son, 2529. 
 
 surrogates generally, 2495. 
 
 surrogates in certain counties, 2495. 
 
 surrogates' clerks, 2509. 
 
 surrogate's father, son, or partner, 2529. 
 
 who in New York counties, 63, 64. 
 penalty for violation, 64. 
 
 when not by residence in adjoining states, 60, 
 
 violations punished, 64, 80. 
 duties in relation to: 
 
 making up judgment roll, 1238. 
 
 papers for court reporter, 248. 
 
 payment of surplus moneys into court, 2404. 
 
 satisfaction piece, 1260. 
 examination of, upon taking certain default judgments, 
 
 1216, 
 exemption from jury duty, 1030, 1081, 1127. 
 
 from arrest, 565. 
 fees of, none as witness, 3288. 
 for infants, 721. 
 liability of, for costs, 545, 3247, 8278. 
 
 for misconduct, 14, 15. 
 lien of, commencement, 66. 
 
 extent, 66. 
 
 unaffected by settlement, 66. 
 misconduct of, 67-70. 
 
 deceit, collusion, 70. 
 
 delay and overcharge, 71. 
 treble damages for, 71. 
 
 lending name, 72. 
 
 forfeit for, 72. 
 penalty, 72. 
 
 buying claims for suit, 73-77. 
 
 limitation as to, 76. 
 
42 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Attorneys and Counsellors-at-Law — OontinuM. 
 
 inducing litigation, 74-77. 
 misdemeanor, 75. 
 
 as partner of prosecutor, 78. 
 
 when he has been pubUc prosecutor, 79. 
 
 of party in person, 78, 
 
 may defend himsalf, 81. 
 
 when limitations begin, 410. 
 
 arrest for, 549. 
 
 commitment by surrogate, 2579-3581. 
 security to stay, 3579-2581. 
 
 in contempt for, 14, 15. 
 motion in county of residence, 769, 773. 
 what justice in Brooklyn to be, 3116. 
 service on, of notice of appeal, 1300. 
 if impossible, 1303, 1303. 
 
 in condemnation proceedings, 3360, 3363, 8364. 
 
 of pleadings and papers, 421-423, 435, 479, 480, 520, 521, 
 799, 803. 
 
 on non-resident attorney, 60. 
 
 of claim of title, 2929. 
 
 of application for property, 1506, 1508, 1509. 
 
 see also Service op Papers. 
 stipulation of, as certificate, 3301. 
 
 for transferring motions, 771. 
 subscription or indorsement by : 
 
 of order of arrest, 561, 562. 
 
 of attachment, 641. 
 
 of summons, 417, 423. 
 
 of writs, 34. 
 
 of offer to compromise and acceptance, 740. 
 
 of pleadings, 481 , 580. 
 
 of notice of appearance, 55, 421. 
 suspension or removal of : 
 
 by supreme court, 67. 
 
 causes, 67. 
 
 notice, 68. 
 
 defense, 68. 
 
 effect of, 69. 
 waste, attendance of, on view in action for, 1659. 
 verification by, 535, 531, 3090. 
 
 Attorneys' Liens, see Attorneys, Etc. 
 
OF CIVIL PROCEDURE. 43 
 
 [References are to Sections. J 
 
 Attorney-General : 
 
 when application for writ of habeas corpus made by, pro- 
 visions, 2012. 
 penalty for disobeying, 2014. 
 no fees payable by, for certain searches, 3290. 
 actions brought or defended by: 
 all state actions, 1976, 1986. 
 appeal from order discharging prisoner, 2059. 
 on state contracts, etc., 1988, 1989. 
 against usurper of oflSce, 1948-1956. 
 against usurper of franchise, 1948-1956. 
 against corporate officers, 1782, 1808, 1810, 1811. 
 to dissolve corporation, 1786. 
 in proceedings on state writs, 1993, 1995, 2002. 
 against public officers, etc., 789, 791, 1954. 
 against sherifiE, 2291. 
 to recover public funds, 1975, 1976. 
 to vacate letters patent, 1957-1960. 
 to take land for state, 2105. 
 on undertakings to appear, 2289, 2290. 
 to recover property escheated for treason, 1977-1982. 
 
 notice, to be published, 1978-1980. 
 may appear where state is a party to partition, 1594. 
 to recover property forfeited, 1962. 
 to recover penalties. 1962. 
 limitation upon, 887. 
 against corporations : 
 
 to dissolve same, 1785, 1786. 
 
 to annul act of incorporation, 1797. 
 
 to vacate charter, 1798. 
 
 judgment-roll to be filed and published, 1803. 
 
 must apply for leave, 1808. 
 
 receiver in such actions, 1810. 
 
 to compel public administrator to account, 2668. 
 
 reference in actions by, 1012. 
 
 see also Actions. 
 must certify to regularity, when costs awarded against 
 
 state, 3241. 
 when may procure habeas corpus, 2012. 
 disqualified to practice, when, 78-80. 
 
 as juror, 1029. 
 partner of, disqualified to practice, when, 78-81. 
 
44 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Attorney-General — Continued. 
 duties and powers in relation to: 
 
 motion by, to designate substitute for surrogate, 2488. 
 
 to make certain applications in condemnation proceed 
 ings, 3105, 2118. 
 
 may require searches to be made without charge, 3290. 
 
 law partner of, shall not defend actions prosecuted by, 78. 
 
 oath before, 848. 
 notices to, in proceedings relating to : 
 
 public spoliation, 1975. 
 
 corporation dissolution, 2423. 
 
 unknown kin, 2668, 2747. 
 
 insolvent's discharge, 2165, 2207. 
 
 certain probates, 2616. 
 copies of reports to be sent to, 213. 
 
 Attorney in Fact, see Agents. 
 
 Auctions: 
 
 by public administrator, 2665. 
 
 of strays, 3091. 
 
 of real property on partition, 1546, 1547. 
 
 execution sales to be by, 1384. 
 
 regulations for, 1384-1888. 
 foreclosure sales to be by, 2888-2398. 
 
 regulations for, 2388-2398. 
 in actions affecting real property, 1678. 
 
 regulations for, 1676-1679. 
 of doubtful debts by executor or administrator, 2719. 
 of real property by same, 2772-2777. 
 see also Sales. 
 
 Audit and Auditors, see Accounts, Etc. 
 
 Aunt, see Relationship. 
 
 Authority: 
 
 evidence of: 
 
 of officer or court to act as surrogate, 2487. 
 order of court, 2488. 
 how superseded, 8489. 
 letters testamentary, 2591. 
 of attorney, to act in justice's court, 2890. 
 to bring ejectment, 1513-1514. 
 
OF CIVIL PROCEDURE. 45 
 
 [References are to Sections.] 
 
 Authentication: 
 
 of statutes, books, papers, deeds, etc., see Acknowledgments ; 
 
 Certificate, Etc.; Evidence. 
 of copies of foreign wills, letters of administration, etc., 2704. 
 
 Avoidances: 
 
 plaintiff may be required to reply to answer containing, 516. 
 to be separately numbered, 517. 
 several may be set forth in replj', 517. 
 
 Award, see Arbitration. 
 
 Baggage, see Freight. 
 
 Bail: 
 
 (1) generally: 
 
 efiEeots a discharge from arrest, 573. 
 when may be given, 573, 574. 
 undertaking, what to contain, 575. 
 examination of persons offered as, when, 576. 
 acceptance or rejection of, 577. 
 filing papers, 577. 
 notice of justification, 578. 
 new undertaking, when, 578. 
 qualifications of, 579. 
 justification, 580. 
 
 attendance before judge, 580. 
 
 time and place, 580. 
 examination, 580. 
 
 adjournment, 580. 
 reduced to writing, when, 580. 
 allowance, 581. 
 
 annexing examination, 581. 
 indorsement, 581. 
 filing, 581. 
 effect, 581. 
 deposit instead of, 583. 
 
 certificate of, to be given by sheriff, 582. 
 sheriff to pay into court, 588. 
 certificates, 583. 
 default, penalty, 583. 
 substituting bail for, 584. 
 order of allowance, 584. 
 
46 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Bail — Continued. 
 
 ■when not refunded, 585. 
 direction to pay to third party, 586. 
 form, 586. 
 effect, 586. 
 when sheriff hable for irregularities, etc., in, 587. 
 proceedings on judgment against sheriff, 588. 
 bail liable to sheriff, 589. 
 filing papers, 590. 
 
 (2) charging and discharging: 
 
 when defendant may be surrendered, 591. 
 when surrender made, 593. 
 
 exoneration of bail, 592. 
 
 bail may arrest defendant, 593. 
 
 voluntary, 594. 
 
 duty of sheriff, 594. 
 rights of sheriff, 595. 
 proceedings against by action, 596. 
 
 regulated, 597. 
 
 duty of sheriff, 598. 
 
 defenses to, 599. 
 where defendant is held on criminal charge, 600. 
 exonerated: 
 
 by death, 601. 
 
 by discharge, 601. 
 
 by surrender, 601. 
 effect of, when action is removed, 346. 
 see also Sheriff; Undektakings. 
 
 (3) miscellaneous : 
 IJunishment for fictitious, 14. 
 bail on certiorari, 2045. 
 
 in habeas corpus, 2063; see Habeas Corpus (3). 
 
 person surrendered, custody, 110. 
 
 effect of removal from county court to supreme, 346. 
 
 application to reduce, 567. 
 
 when not entitled to, 2041. 
 
 order for: 
 
 by whom and how taken, 2045, 2046. 
 
 discharge after, 2047. 
 in New York City court, 3108 
 
 see also Arrest; Habeas Corpus, and titles of respective 
 courts. 
 sheriff not to charge for going with prisoner to find, 114. 
 
OF CIVIL PROCEDURE. 4/ 
 
 [References are to Sections. ] 
 
 Bail — Continued. 
 
 in justices' courts, see Justices' Courts. 
 see Akeest; Sheriff; Undertaking. 
 
 Bailee: 
 
 conversion by, 549. 
 
 damages on injunction against, 624. 
 
 of judgment debtor, see Supplementary Proceedings. 
 
 see also Agehts. 
 
 Bailor: 
 
 interest of, ingoodspledged, may be sold under execution, 1413. 
 
 Ballots: 
 
 for drawing trial jurors, 1163-1173. 
 clerk to prepare, 1163. 
 clerk to draw, 1164. 
 mode of drawing, 1165. 
 
 names of first twelve qualified to be jury, 1166. 
 those drawn to be kept separate, 1167. 
 who are disqualified, 1166. 
 when to be returned, 1168. 
 of absentees, 1169. 
 
 new jury to be drawn from those remaining, 1170. 
 where number insulficient, 1171, 1172. 
 
 Banks: 
 
 actions against, are preferred, 791. 
 bank notes, no limitation in action on, 893. 
 limitation in action against directors, 394. 
 deposits of minor's money in savings bank, 3796. 
 misconduct of ofiicers, arrest of, 549. 
 
 in justices' courts, 2895. 
 superintendent of bank department disqualified as juror, 1029. 
 deposits in banks, of attachment proceeds, 675 
 
 by temporary administrator. 2678. 
 actions to dissolve, see Corporations. 
 change of name of, see Names. 
 
 Bank Notes: 
 
 no limitation of action on, 393. 
 
 Bankrupt: 
 
 discharge of judgment against bankrupt, 1268. 
 eviction of bankrupt tenant, 2231. 
 
48 INDEX TO NEW YORK CODE 
 
 [References are to Sections. J 
 
 Bankrupt ^ Continued. 
 
 new undertaking for costs where surety has become bankrupt, 
 
 3276. 
 must give security for costs, 3268, 3309. 
 
 Bar: 
 
 to civil action or proceeding: 
 
 for recovery of real property, 2264. 
 
 for discharge from imprisonment, 2317. 
 
 for escape, 168. 
 
 for penalty or forfeiture, 1962, 2090. 
 
 for false return to mandamus, 2088. 
 
 for dower, 1604, 1619. 
 
 order discharging warrant in action to foreclose lien, on 
 vessel is, 8437. 
 
 against executor, by judgment against heir, 1831, 1823. 
 
 by former action, etc., 168, 1645, 1646, 1649, 1962, 2088. 
 
 by fine for contempt, 3090, 2284. 
 
 by sale, in action for dower, 1619. 
 on partition, 1577, 1578, 582. 
 on foreclosure, 1632, 2395. 
 
 by failure, to plead counterclaim in justices' court, 2947. 
 to claim surplus on sale of strays, 3094. 
 
 by judgment determining claim, etc., 1649. 
 
 by final order in summary proceedings, 2264. 
 in action to recover property forfeited for treason, 1980. 
 see also Evidence; Limitations; Res Ad judicata. 
 
 Bastardy: 
 
 proceedings before magistrates: 
 
 excluding public from, 5. 
 
 jurisdiction of district courts in, 3315. 
 distribution of property of and to bastard, 2732. 
 
 Bawdy House, see Disorderly Houses. 
 
 Bequests, see Wills. 
 
 Bias, see Challenges. 
 
 Bible: 
 
 oath on, 845, 846. 
 
 Bills, Notes and Cheeks: 
 
 of bank, no limitation as to action on, 393. 
 
 proof or acknowledgment of, exception as to, 987. 
 
OF CIVIL PROCEDURE. 49 
 
 [References are- to Sections.] 
 
 Bills, Notes and Cheeks — Continued. 
 not to be acknowledged, 937. 
 surrogate's jurisdiction of, 2478. 
 
 place of, gives, 2478. 
 promissory notes: 
 
 may be attached, 648. 
 transfer of, 1909. 
 are deemed assets, 2712. 
 
 when cause of action to cancel usurious bill, etc., trans- 
 ferable, 1911. 
 of corporations: 
 
 no limitation of action, 393. 
 action on, order to try, 1778. 
 actions on: 
 
 by drawer, etc., 1916-1918. 
 joint defendants, 454. 
 on lost note, 1917. 
 by people, 1918. 
 unlawful, by attorneys, 73-76. 
 how pleaded, by copy, etc., 534. 
 attachment of, how made, 648. 
 foreign presentment and protest, 923-925. 
 
 proof of, 925. 
 protest; 
 
 notary's certificate, evidence, 924. 
 after his death, 924. 
 delivery of, direction for, in judgment in action to foreclose 
 mechanics' lien, 3415. 
 
 Bill of Costs, see Costs. 
 
 Bill Of Exceptions, see Exceptions, Etc. 
 
 Bill of PartieulaFs: 
 
 when may be directed, 531. 
 in justices' courts, 2942. 
 see Account. 
 
 Bill of Sale: 
 
 of vessels, in collector's office, 945. 
 
 record as evidence, 945. 
 see Chattels; Sales. 
 
 Bills, Legislative, see Statutes. 
 4 
 
JO INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Blanks: 
 
 in mandates of justices of the peace, 3135. 
 see also Forms 
 
 Board: 
 
 defined, Statutory Cons. Law, 18. 
 
 for enforcing jury fines, see Trials. 
 
 included under " persons" in CONDEMNATION Law, 3858. 
 
 witnesses before, 843, 854-859, 3370. 
 
 habeas corpus to bring up, 2009. 
 injunctions restraining, 605. 
 appeals by, 1313. 
 actions : 
 
 by or in behalf of, for conversion, etc., 549, 637, 1969-1976; 
 see Actions (10). 
 
 by or against, preference of, 789. 
 Bubpcena: 
 
 how issued and served, 854. 
 see also Certiorari; Mandamus. 
 oaths administered by, see Oaths, Etc. 
 may be included under masculine gender. Statutory Cons. 
 
 Law, 8. 
 service upon, Statutory Cons. Law, 20. 
 see also Commissioners. 
 
 Board of City Magistrates, see New York. 
 
 Board of Health: 
 
 acts, etc., of, may be read in evidence, 941. 
 
 Board of Managers: 
 
 included under " persons," 3358. 
 
 Board of Supervisors, see Supervisors, Etc. 
 Boarding House, see Inns, Etc. 
 Boats, see Vessels. 
 
 "Body or Officer." 
 
 phrase defined with reference to certiorari, 2146. 
 
 Bonded Indebtedness, see Bonds ; Municipal Law. 
 
 Bonds: 
 
 dsfined. Statutory Cons. Laws, 16. 
 jurisdiction of actions on, 2863. 
 
OF CIVIL PROCEDURE. 5I 
 
 [References are to Sections. J 
 
 Bonds — Continued. 
 
 acknowledgment of, 810. 
 
 attachment of, 648, 649. 
 
 corporation as surety, 811. 
 
 form of, 813. 
 
 not affected by change of parties, 815. 
 
 deposited by direction of court, see Payment. 
 
 how levied upon under execution, 1411. 
 
 purchase of, by attorney, when forbidden, 73, 76. 
 
 by justice or constable, 3137. 
 of receiver, 715. 
 
 of guardian ad litem in partition, 1536. 
 in infant's action for legacy, 1820. 
 compelling new, in surrogate's court, 2597, 2598. 
 
 removal for failure to give, 2599. 
 of administrator, 2666, 2672. 
 of executor, 2638. 
 
 of depository of temporary administrator, 2678. 
 of testamentary guardian, 2853. 
 of testamentary trustee, 2815. 
 liability of sureties on, 2596. 
 sureties on, release of from future breaches, 2600. 
 prosecution ui^on, in surrogates' courts, 3607. 
 
 by successor, 3608. 
 
 when no successor appointed, 2609. 
 of special guardian on sale of infant's lands, 2353. 
 of committee of incompetent, 3337, 3351 ; see INCOMPETENTS, 
 secured by mortgage, see MORTGAGES. 
 of banks receiving public funds, 746. 
 of third persons in attachment, 3912. 
 
 judgment and action, 2913, 2914. 
 in court proceedings, see Aeeest ; Bail ; UNDERTAKINGS, 
 for jail liberties, see Jails ; Sheriffs. 
 form of, 729, 813. 
 amending defects in, 728, 730. 
 filing, 816. 
 
 deposit to reduce penalty of, 2595. 
 not affected by change of parties, 815. 
 to be filed, 816. 
 oflScial, to be given, 1951. 
 
 condition of, construed as covenant, 1915. 
 
 actions upon, 1880-1892, 1915. 
 for benefit of suitor, 814. 
 
52 INDEX TO NEW YORK CODE 
 
 [Roferences are to Sections,] 
 
 Bonds — Continued. 
 
 application for leave to bring, 1880. 
 measure of damages, 1915. 
 on sheriffs, 1880. 
 
 granting order permitting, 1881. 
 successive actions, when, 1883. 
 execution, 1883. 
 
 distribution of recoveries, 1885. 
 on surrogate's, 1886. 
 on county treasurer's, 1887. 
 on receivers', assignees', trustees', etc., 1890. 
 generally, when demand necessary, 1891. 
 vi^hen ex parte application may be made, 1892. 
 defenses, 1884. 
 of committee of convict or lunatic, 3337, 3351-3353. 
 how such bonds prosecuted, 2853. 
 of guardian of infant, 3353. 
 of executor, 2638. 
 after partition, 1581. 
 of guardian ad litem, 474-476, 1536. 
 of receiver in special proceedings, 715. 
 of temporary administrator, 3670. 
 of testamentary guardian, 2853. 
 sureties on bond of guardian cited on a judicial settlemeat, 
 
 2849. 
 in surrogates' courts, 2595-2610; see Stjkhogates, Etc. 
 acknowledged as deeds, 3500. 
 of county treasurer as temporary administrator, 2666, 
 see also the titles of the different officers and of persons acting 
 
 in a representative capacity, 
 by owner of lost note, 1917. 
 on prepayment of creditor or legatee, 2731, 3733. 
 of purchaser of real property from executor, 2780, 3781. 
 v?hen party need not join, 811. 
 partial justification, 813. 
 for costs, see Costs. 
 
 see also Bail ; Municipal Law ; Recognizances ; Secdbitt ; 
 SimETY ; Undertakings. 
 
 Books and Papers: 
 
 book of accounts, subpoena to produce, 867. 
 book of corporation, svibpoena to produce, 868 . 
 attachment of, 644, 654. 
 
OF "CIVIL PROCEDURE. 53 
 
 [References are to Sections.] 
 
 Books and Papers — Continued. 
 kept by clerk, 1236, 1245. 
 kept by justice of peace, 3140. 
 delivery of, of public office, 2471a. 
 deposited by justice leaving town, 3144. 
 docket books, see Judgment, Etc. 
 discovery of, see Discovery. 
 examination of, see Discovery. 
 in evidence, effect and competency of, see Evidence. 
 
 proved by common-law rules, 962. 
 in public offices, see Records, Public. 
 books, kept bv officers having charge of funds, etc., in court, 
 
 752. 
 ■what, to be kept by surrogate, 2494, 2498-2500, 2538; see 
 
 Surrogates, Etc. 
 of account, 803-809. 
 
 of foreign corporations as evidence, 867, 929-931. 
 when copy evidence, 930. 
 how verified, 981. 
 of former superior city courts, etc , where deposited, 93. 
 docket, see Judgment, Etc. 
 statute, see Ordinance; Statutes. 
 of reports of laws, etc., as evidence, 942. 
 stock books, actions against corporation keeping, provisions, 
 
 1924. 
 of public officer, action to obtain, 1952. 
 certain printed, exempted from execution, 1390. 
 papers, destruction of, by order of court, 21. 
 
 error in, see Mistakes. 
 
 filing, see Filing Papers. 
 
 form of, 22, see also Forms. 
 
 service of, see Service of Papers. 
 in justice's court: 
 
 deposited when justice removed, 3144. 
 
 certificate of judgment, 3145 
 
 after death of justice, 3146. 
 
 delivery compelled, 3147. 
 
 transfer, 3197, 3198. 
 see Justices' Courts; Justice op the Peace. 
 see also Newspapers. 
 
 Bounties: 
 
 no fees when guardian appointed to enable minor to receive 
 bounty, 3501. 
 
54 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Boy: 
 
 defined, Statutory Cons. Law, 8. 
 
 Branch Post-offlee, see Service of Papers. 
 
 Breach of Promise: 
 
 arrest for, 549. 
 
 claim for, not assignable, 1910. 
 
 no attachment in action for, 635. 
 
 jurisdiction of action, 2862, 3215, 3223. 
 
 pleading and pi-oof in mitigation of damages, 536. 
 
 see also Aerest; Pleadings. 
 
 Breaeh of Trust, see Trusts, Etc. 
 
 Breaking: 
 
 into buildings, to replevy chattel, 1701. 
 
 Bribery: 
 
 bribes, giving, taking, asking: 
 court officers: 
 
 by drawn juror, 1122. 
 
 accepting, 1133, 1158. 
 
 concealing, 1124. 
 arbitrators: 
 
 arbitration vacated for, 2374. 
 of jurors, 1193. 
 
 punishment of embracer, 1194. 
 
 Bringing In Additional Parties, see Parties. 
 
 Brokers: 
 
 arrest, for conversion, 549. 
 by justice of peace, 2895. 
 
 Brooklyn, City of: 
 
 records, seals, files of former city court filed ■with clerk of 
 
 Kings county, 98. 
 justices' courts in: 
 
 are justices' courts of Kings county, 3133. 
 
 exception, 3133. 
 holding court, time of, 3138. 
 are not courts of record, 3. 
 
 justice of, is a justice of the peace of Kings county, 3188. 
 in sixth district to be an attorney, 3116. 
 
OF CIVIL PROCEDURE. 55 
 
 [References are to Sections.] 
 
 Brooklyn, City of — Continued. 
 
 joinder of issue, 2934. 
 
 appeal, 3068. 
 
 jurisdiction, 3117. 
 
 salaries, 3118. 
 
 courts, how long open, 3133. 
 where actions triable, 3133. 
 written pleadings, 3126. 
 adjournments, 3130, 8132. 
 jury trials, 3127. 
 costs, 3118, 3129-3132. 
 
 to female employees, 3131. 
 
 upon adjournment, 3132. 
 fees to be accounted for, 3118. 
 opening defaults, 3138. 
 clerk, how appointed, salaiy, etc., 3119. 
 
 duties of, 3120. 
 interpreters, 3132-3124. 
 
 appointment of, 3134. 
 attendants, 8125. 
 
 notice of sale of property for taxes in, 1678. 
 police courts, interpreters for, 3131. 
 police justices, powers as to evictions, 2334. 
 
 special provisions relating to, in summary proceedings, 
 3331. 
 see also Cities ; Kings County. 
 
 Brother, see Relationship. 
 
 Buffalo, City of: 
 
 municipal court of, a coui-t not of record, 3. 
 
 new action after answer of title in, 3953. 
 
 discharge of judgment debtor in, 8033. 
 
 judges of, powers as to evictions, 3334. 
 appeals from justices' courts in, 3045. 
 former superior court of, records, seals, files of, 93. 
 see Cities. 
 
 Buffalo, University of: 
 
 exemption of graduates of law school of, 58. 
 
 Burden of Proof, see Evidence; Peesumptions. 
 
 Burial Place, see Cemeteries. 
 
56 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Burying Grounds, see Cemeteries. 
 
 By-Laws: 
 
 of municipal corporations as evidence, 941. 
 
 Calendar: 
 
 cause how placed on, 977-979. 
 order of issues upon, 978. 
 what courts may print, 19, 20. 
 
 expenses, 20. 
 
 distribution, 977. 
 place of second appeal upon, in court of appeals, 195 
 preference on, in arrest in marine causes, 3186. 
 preference upon, see Preferred Causes. 
 calendar fees of sheriff, 3307. 
 practice in New York city, 977. 
 
 Canada: 
 
 judgment of court of, effect, 958, 954. 
 
 wills of personal property in, proof of here, 3611. 
 
 Canal: 
 
 canal officers exempt from jury duty, 1030. 
 appraisers, disqualified as jurors, 1029. 
 
 Cancelling : 
 
 notice attaching real property. 711. 
 
 filing, 711. 
 contracts for specific performance, 1823. 
 lis pendens, 1323, 1674. 
 see also Revocation. 
 
 Candidates for Offlee: 
 
 qualifications of, see Qualification, Etc. 
 
 Capital Stock, see Stock. 
 
 Capitol: 
 
 sales at, under state foreclosure, 2898. 
 
 Cargo, see Freight. 
 
 Carriers, see Common Carriers. 
 
 Case: 
 
 submitted on agreed facts, 1279-1381; see Actions (11). 
 on appeal, see Exceptions, Etc. 
 
OF CIVIL PROCEDURE. 57 
 
 [References are to Sections.] 
 
 Cattle, see Animals ; Steays. 
 
 Causes of Action: 
 
 consolidation of, see Actions. 
 
 in complaint to be separately stated, 483. 
 
 proceedings when part of, survives, 759; see Abatement and 
 Revival. 
 
 assignment of, action after, 1909-1913. 
 
 what causes may be united, 484. 
 in justice's court, 2937. 
 
 demurrer for improperly uniting, 488. 
 
 for unlawful arrest of lunatic, 554. 
 
 on contract, attachment of, 648. 
 
 one or more may be stricken out for disobeying order for dis- 
 covery, 808. 
 
 civil, unaffected by criminal prosecution, 1899. 
 
 joinder of several against same person in favor of people, 1988. 
 consolidation of same, 1989. 
 
 in real property actions, 1688. 
 
 see Joinder; Plbadinqs ; Severance of Actions. 
 
 Cemeteries: 
 
 when exempt from execution, 1395, 1396, 1404. 
 exempt lot in, how designated, 1896. 
 
 Census: 
 
 certificiite of director of federal, value as evidence, 944. 
 
 Certifleates and Certifleations: 
 
 duty to make, 961, 8290. 
 
 refusal, neglect, false, etc., 961. 
 evidence, see Evidence. 
 form of, 957-959. 
 sealing, see Seal. 
 (1) certificates: 
 
 acknowledging surrender of bail, 154. 
 as to costs, 3248. 
 as to missing paper, 921. 
 as to official duty, 922. 
 as to statutes, 932. 
 
 by appellate division allowing appeal to court of appeals, 190. 
 by secretary of state to change name of corporation, 8411. 
 by sheriff of resisters of mandate, 105. 
 by county judge as to disqualification, 342. 
 of execution of commission, 902. 
 
58 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Certifleates and Certifications — Continued. 
 by surrogate; 
 
 as to his disqualifications, 3485. 
 
 of probate, 3639, 3633. 
 of acknowledgment: 
 
 of deeds, etc., effect, 937. 
 
 of other instruments, 937-939. 
 
 may be rebutted, 936, 
 
 see also Acknowledgment ; Evidence. 
 of admission of attorney, 59. 
 of age of judge, 54. 
 
 of attendance of constable at court, 3313. 
 of demand and protest by notary, 933. 
 of exemption from jury duty, 1031, 1083, 1083, 1138. 
 of marriage, 938. 
 
 of notary of protest, evidence, 933-935. 
 of oaths, etc., 843. 
 of official character, 949, 950. 
 of physician, false, in Kings county, 1161. 
 
 in New York county, 1130. 
 of sheriff: 
 
 fee for, 3307. 
 
 upon sale, 1438, 1439. 
 
 upon redemption, 1448, 1463, 1469. 
 
 if part unredeemed, 1473. 
 of service of papers, 434. 
 to new sheriff of his qualification, 183-184. 
 to schedule of fines imposed, 3393. 
 upon attachment showing property held by third person, 650, 
 
 651. 
 by surrogates, county clerks, etc., as to searches, 961. 
 proof may be by common-law rules, 963. 
 (3) Gertifled copies: 
 
 of decisions to be given to supreme court reporter, 348. 
 of certain papers of same value as evidence as originals, 938. 
 must be furnished by certain officers, 961. 
 
 certain searches gratuitous, 3390. 
 form and effect of, 933-936, 941, 943, 945, 947, 949, 953-961. 
 of final order in mandamus proceedings, must be filed, 3083. 
 of jury lists must be filed in New York county, 1096, 1097. 
 of entry of marriage as evidence, 988. 
 of order directing payment of money out of court, 751. 
 of municipal ordinances, etc., 941. 
 
OF CIVIL PROCEDURE. 59 
 
 [References are to Sections.] 
 
 Certificates and Certifleations — Co?ih'/iMed. 
 of records, etc., in general, 933, 934. 
 by clerk of supervisor,?, 933. 
 of conveyances of real property, 946. 
 
 of vessels, 945. 
 of courts and oflBcers of foreign countries, 952, 956. 
 of federal courts and departments, 943, 944. 
 weather bureau records, 944. 
 by justices of the peace, 938, 948. 
 of probate, 3633, 2633. 
 by secretary of state, 933. 
 by town clerks, 934. 
 see also Couoty Clerk ; Evidence ; Secretary op State. 
 
 CertiOFari: 
 
 a state writ, to review decision of inferior tribunal, 1991. 
 general provisions concerning, see State Writs. 
 abolished in criminal appeals, 2148. 
 when to be granted, 3120, 2147. 
 
 when not, 2121, 2132. 
 application, by whom, 2187. 
 
 on affidavit, etc., 2127. 
 
 how and to whom made, 2133, 2134, 2127. 
 
 notice discretionary, 2128, 3137. 
 
 bringing in third parties, 3137. 
 issuing, by what courts, 3017-3019, 3123, 2124. 
 
 by appellate court, 2124. 
 
 within what time, 2135, 2126. 
 
 to whom directed, 3129. 
 person served to obey same, 2005. 
 service, on officers, 2130. 
 
 on corporation, 2130. 
 
 on court or judge, 2130. 
 
 on board or body, 2130. 
 return, by whom, 2005, 3134. 
 
 when and where made, 2133. 
 
 how compelled, 3185. 
 
 fees, 2005, 2135. 
 
 enlarging time for, 3138. 
 
 if defective, 2135. 
 
 in case of death, etc., 8139. 
 
 omission as contempt, 8133. 
 
 by ex-official, 3136. 
 
60 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Certiorari — Continued. 
 
 subsequent proceedings, 3133. 
 stay of proceedings bv, 3131. 
 
 security for, 3131. 
 liearing by appellate division, 3138. 
 
 notice of, 3138. 
 
 papers and proof, 3139. 
 
 questions determined, 3140. 
 final order, scope, 2141. 
 
 restitution by, 2143. 
 
 costs, 2007, 3143, 3253. 
 
 filing enrolment, 3144. 
 effect of, 3145. 
 " body or officer," " determination," defined, 3146. 
 act, where not applicable, 3147, 2148. 
 extra allowance as costs in, 3253. 
 
 Certiorari to Inquire into Cause of Detention, see Habeas 
 
 Corpus (3). 
 
 Chairmen: 
 
 of boards and bodies, eff'ect of service upon. Statutory Cons. 
 Law, 20. 
 
 Challenges: 
 
 of petit jurors, 1067, 1176-1180, 2380, 2995. 
 see also Jury, Etc. 
 
 Chamberlain: 
 
 in New York county, provisions relating to county treas- 
 urers apply to, 754. 
 fees of, 3331 ! 
 see also County Treasurer. 
 
 Chambers: 
 
 special terras adjourned to, 339. 
 
 Champerty and Maintenance: 
 
 by justice or constable, 3136-3138. 
 
 by attorney, 73-76; see Attorneys, Etc. 
 
 Chancellor: 
 
 power of former, to appoint guardian vested in surrogate, 
 3831. 
 
 Chancery, court of, see Courts (10). 
 
OF CIVIL PROCEDURE. 6l 
 
 [References ore to Sections.] 
 
 Change: 
 
 of names, 3410-2417; see Names. 
 
 of place of trial, 218, 343-346, 985-989, 2084; see Trials. 
 of holding court, see Courts. 
 
 Charitable Institutions: 
 
 trustees of, included in term "person" in condemnation 
 
 proceedings, 8858. 
 examination of physician attaoiied to, 836. 
 
 Charter: 
 
 of corporation, action by people to annul, 1798; see Corpora- 
 tions. 
 
 Chattel Mortgage: 
 
 action to foreclose in New York city court, 315. 
 record of, of vessel, in collector's office, 945. 
 see also Chattels. 
 
 Chattels: 
 
 defined, Statutory Cons. Law, 4. 
 are assets, 2712. 
 distrained, see Distress. 
 
 action to recover, venue, 983, 1693. 
 forfeiture, action to enforce, 1893. 
 actions to recover may be united, 484. 
 mortgages, see Chattel Mortgages, and infra. 
 action to recover; replevin: 
 
 jurisdiction of court when it attaches, 1098. 
 
 action on undertaking in, 597. 
 
 no exoneration of bail in, 591. 
 
 not affected by failure to replevy, 1718. 
 
 joinder of causes, 1689. 
 
 abandonment of claim as to part, 1719. 
 
 when not maintainable, 1690. 
 by assignee, 1692. 
 former judgment, bar, 1691. 
 
 title, how pleaded, 1730. 
 
 tailing, etc.; how pleaded, 1721. 
 
 defences, pleading title, 1720. 
 pleading distraint, 1731. 
 
 survival of, 1736. 
 
 plaintiff may require sheriff to replevy, 1694. 
 
62 INDEX TO NEW YORK CODE 
 
 [References are to Sections. J 
 
 Chattels — Continued. 
 
 replevin, affidavit for, 1695-1697, 1713. 
 
 by agent, 1713. 
 
 before action commenced, 1693. 
 
 after action commenced, 1694. 
 
 where several chattels are to be replevied, 1697, 
 subsequent, 1713. 
 
 where part only are replevied, 1698. 
 undertaking for, 1694, 1699. 
 service of pajDers, 1700. 
 of chattels, concealed, etc., 1701. 
 sheriff's custody, 1703. 
 with arrest, 549, 1714. 
 sheriff's return, 1715. 
 compelling return, 1716. 
 defendant reclaiming, 1704. 
 
 affidavit, 1704. 
 
 undertaking, 1704. 
 
 when entitled to costs, 3329. 
 
 increased costs, 3258, 3259. 
 
 answer of title in third person, 1723. 
 of distraint damage feasant, 1724. 
 
 demand of judgment by, for return, 1735. 
 exception to sureties by defendant, 1703. 
 justification of sureties, 1705. 
 delivery, to parties, 1706. 
 
 sheriff responsible for, 1706. 
 penalty, 1707. 
 
 of undertaking, 1708. 
 claim by third persons, 1709. 
 
 proceedings on, 1709-1711 
 damages to plaintiff, 1723. 
 
 to defendant, 1735. 
 
 award of, 1736-1738. 
 
 determination of, on default, 1739. 
 judgment, for plaintiff, 1738, 1730. 
 
 for defendant, 1730. 
 
 roll, what to contain, 1717. 
 
 docketing, lien, 1730. 
 
 execution, 1373, 1731, 1733. 
 verdict, etc., statement in, 1726. 
 
 when value need not be stated, 1737. 
 
 for part of several chattels, 1728. 
 
OF CIVIL PROCEDURE. 63 
 
 [References are to Sections. J 
 
 Chattels — Continued. 
 
 actions against sureties, 1733. 
 
 return of execution before, 597, 1734. 
 
 return as evidence in, 1734. 
 
 defenses in, 1735. 
 
 does not abate by death of either party, 1736. 
 
 where abatement ordered, action may be maintained 
 
 on undertaliing, 1736. 
 action on undertaking bars action to recover cliattels, 
 
 1736. 
 in justices' courts, see Justices' Courts. 
 action to foreclose lien upon : 
 
 in New Yorli; district court, 3215. 
 
 in justices' courts of Albany and Troy, 3223. 
 
 in city court of Yonkers, 3203. 
 
 when maintainable, 1737. 
 
 jurisdiction of, 315, 1737. 
 
 warrant to seize chattel in, 1738. 
 
 judgment, requisites, 1739. 
 
 procedure in superior courts, 1738. 
 
 in inferior courts, 1740. 
 application of provisions, 1741. 
 see also Bill op Sale ; Chattel Mortgages ; Personal 
 
 Property ; Sales. 
 costs on settlement. 3360. 
 application of code to, 3347. 
 
 Chattels, Real: 
 
 actions relating to, where tried, 983. 
 lien of judgment on, 1251. 
 
 effect of appeal on, 1256. 
 levy on after ten years, 1253. 
 
 Cheats, see Fraud. 
 
 Cheeks: 
 
 on banks, see Bills, Etc. 
 
 Children: 
 
 miscellaneous provisions : 
 
 exemptions for, of decedent, 3713. 
 
 proceedings to compel, 2724. 
 age of consent, annulling marriage under, 1743-1744. 
 inheritance by child born after will. 
 
64 INDEX TO NEW YORK CODE 
 
 [References are to Sections. ] 
 
 Children — Continued. 
 
 legitimate, after marriage annulled, 174S, 1749. 
 
 after divorce, 1759, 1760. 
 posthumous, see Posthumous Child. 
 action by, for share, 1868. 
 petition by, for accounting, 3737. 
 
 for exempt property, 3724. 
 distribution to, 2732. 
 of prisoner, petition by for trustees, 3220. 
 homestead exemption continued for, 1400. 
 when entitled to letters of administration, 2660. 
 custody and maintenance of, in matrimonial actions, 1751, 
 1766," 1769, 1771, 1772. 
 security by father for, 1772. 
 
 payment enforced by proceedings for contempt, 1773. 
 provisions for education of, in judgment for divorce, 1766. 
 provisions for, by temporary administrator, 3677. 
 of person confined for crime, provisions for, 2228. 
 illegitimate, may inherit from mother if no lawful issue, 2783. 
 advancements to, provisions concerning, 2733. 
 legitimacy of, when former husband or wife was lunatic or 
 
 idiot, 1745, 1749. 
 see CoNSOLn)ATED School Law; Descent; HEras; Lega- 
 tees, Etc. ; Real Property. 
 
 Chief Justice of Appellate Division : 
 
 appointment of, 220. 
 
 how long to act, 230. 
 
 vacancies, how filled, 230. 
 
 when may act out of department, 320. 
 
 see Appellate Division; Supreme Court. 
 
 Choose: 
 
 defined. Statutory Cons. Law, 17. 
 
 Choses in Action: 
 
 when attorney not to buy, 73. 
 
 exception, 76. 
 when constable or justice not to buy, 3186-3138. 
 
 penalty, 3138. 
 attachment of, 648. 
 levy on under execution, 1410. 
 
 Christmas Day: see Holidays. 
 
OF CIVIL PROCEDURE. 6$ 
 
 [References are to Sections,] 
 
 Chronic Insane: see Incompetents. 
 
 Cider: 
 
 in jails, 128-130. 
 
 Cipcuit Courts: see Supreme Court. 
 
 Citation: * 
 
 in surrogates' courts : 
 
 "upon tlie return of a citation," defined, 2514. 
 
 when letters may be revoked without, 2691. 
 
 service, etc., of, 2515-2538; see Subrogates, Etc. 
 
 upon probate of wills, see Wills. 
 
 upon application to revoke probate, 3649: see Wills. 
 
 served before code adopted, 3348. 
 
 jurisdiction acquired by, 2474. 
 
 issuing, in or out of court, 2481. 
 
 publication of, when proprietor of county newspaper 
 
 refuses, 8293. 
 aflSdavit of publication, 3294. 
 on petition, to appoint guardian, 2823-2824. 
 for leave to issue execution, 1381. 
 to compel payment, 2722, 3728. 
 for exempt property, 2724. 
 for probate of heirship, 3656. 
 for intermediate accounting, 2725. 
 for accounting by guardian, 2848, 3856. 
 for accounting by trustee, 3802. 
 by whom made, 2856. 
 for probate, 2614-2618. 
 
 contents, 3616. 
 to sell real property, 2750. 
 
 to compel testamentary guardian to give security, 3853. 
 for grant of letters, 2663, 3698, 2699. 
 for revocation of letters, 2647, 2650, 3686, 3687, 2689, 
 
 2835. 
 for revocation of letters without, 3662. 
 for revocation of guardian's letters, 2833. 
 to compel temporary guardian to give security, 2854. 
 for discovery of property, 3706-2709. 
 for accounting, 2689, 3727, 3738, 2850. 
 for sale of real property, 2754. 
 appearance without, 2617. 
 5 
 
66 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Cities: 
 
 actions by or against, 48, 431, 2993, 3a43. 
 for cutting trees, 1667. 
 to prevent waste of funds, 1935. 
 clerks of, deposit of books and papers of justice with, 3144- 
 
 8148. 
 aldermen and common councils of, ordinances howproved, 941. 
 condemnation proceedings in, see Condemnation Law. 
 see also City Courts ; Courts (12). 
 condemnation proceedings in, special provisions, 3883. 
 drawing jurors in, 1041. 
 
 ordinances of, rules of evidence concerning, 941. 
 cutting trees, etc., in, liability for, 1667, 1668. 
 eviction of tenants in, 3331, 2282. 
 security on appeal by, 1314. 
 officers and employees of common council, when not to be 
 
 referees, 90. 
 mayors, see Mayor. 
 service of summons on, 431. 
 recorders, see Recorder. 
 and see under the several cities. 
 
 Citizen: 
 
 only citizens may be executors or administrators, 2661 
 
 exception, 2661. 
 see also Aliens. 
 
 City Courts: 
 
 depositions in cases pending in, 919. 
 
 records, files and seals of former city courts of Brooklyn, 
 
 and Buffalo, 98. 
 city court of Yonkers, see Yonkers. 
 city court of Long Island City, a court of record, 3 
 New York city court, see Courts (11) (b). 
 see also Cities; County Courts ; Courts. 
 
 Civil Actions: see Actions. 
 
 Civil Code: 
 
 defined. Statutory Cons. Law, 39. 
 
 Claim: 
 
 trial of, by sheriff's jury, 108, 109. 
 
 to real property, action to determine, 1638-1650; see Beal 
 Property (4). 
 
OF CIVIL PROCEDURE. 6/ 
 
 [References aie to Sections.] 
 
 Claim — Continued. 
 
 against decedent, advertisement for, 2718. 
 
 against decedent's estate, limitation of action on, 1823. 
 
 on or by executors, 2731; see EXECUTORS, Etc. 
 
 when temporary administrator to advertise for, 2673. 
 
 proceedings against executor or administrator for, 2717-2719. 
 
 of third party, tried by sheriff's jury, 108, 109, 657; see 
 
 Attachment. 
 of third party, under execution, 1413-1421; see Executions. 
 of title of third person in action to recover a chattel, 1709- 
 
 1711, 2929: see Chattels. 
 in justices' courts, 2939. 
 in justices' courts, on attachment, 2912-2914. 
 to real property, action to compel determination of, see Real 
 
 Property. 
 attorney not to buy, 78 ; see Attorneys, Etc. 
 constable and justice not to buy, 3137, 3138. 
 notice of no personal claim, effect, 423. 
 against decedent's estate, 1836. 
 to property attached, 657-673, 2913; see Attachment. 
 entry alone upon real property not sufi&cient as a, 367. 
 of title, adverse possession under, 369-373; see Limitations. 
 
 Claims, Court of, see Courts (16). 
 
 Clergymen: 
 
 confessions to, privileged, 883. 
 
 exempted from jury duty, 1080, 1081, 1137. 
 
 Clerks: 
 
 of boards, bodies, etc., service upon, effect, Statutory Cons. 
 
 Law, 20. 
 of city courts, see City Courts, and titles of the several cities, 
 of counties, see County Clerk. 
 certificate by county clerk of commencement of action in 
 
 supreme court to establish will, 2653a. 
 of county courts, service of notice of appeal on in certain 
 
 cases, 3048. 
 of courts generally: 
 defined, 3843. 
 adjournments by, 35, 36. 
 taxation of costs by, 3362-3267. 
 to cause calendars to be printed, 19. 
 certificates by, 59, 933, 961, 3312; see also Certificates, 
 Etc. 
 
68 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Clerks — Continued. 
 
 conveyances, etc., deposited with, 1330. 
 
 delivery of papers by, upon change of place of trial, 
 
 988. 
 depositions returned to, 904-907. 
 disqualified as referees, etc., 90, 2509. 
 destruction of records by, 21. 
 duty to search records, etc., 961, 3290. 
 to keep docket books, 1345, 1349. 
 to keep judgment book, 1236. 
 
 as to filing, indorsing, etc., judgment-roll, 1337-1339. 
 to docket judgments, 1346. 
 furnishing transcripts, etc., 1247. 
 penalty for neglect, 1348. 
 upon default : 
 
 to enter judgment, 1313. 
 to assess damages, 1313. 
 to make schedule of fines, 3293. 
 entry of judgments with, 1331, 1936; see also Judgment, 
 
 Etc. 
 entry of orders, 1304; see also Motions, Etc. 
 fees of, 3280, 3281, 3301-3303; see also Fees. 
 service on, for non-residents, 800. 
 to issue warrant for fines, 2294. 
 as guardians ad litem, 472. 
 law practice by, forbidden, 61. 
 misconduct of, 14. 
 
 notice of appeal served on, etc., 1300, 1303, 1315. 
 notices of lis pendens to be filed with, 1631. 
 entry by, on satisfaction by release, 1943. 
 fines, schedule of, 3393. 
 
 warrant to collect, 2394, 3295. 
 oaths before, 842. 
 process filed with, 2:f. 
 to report annually names changed, 3417. 
 taxation of costs by, see Costs. 
 undertakings filed with, 816; see Undertakings. 
 of court of appeals, 198-201, 1315, 3383, 3300; see Courts (4). 
 of courts of sessions, see Courts (9). 
 of judges, 50, 2889. 
 of justices of the peace, 3889, 3047, 3051-3053, 3302; see 
 
 Justices' Courts. 
 of justice's court of Brooklyn, 3119, 8120; see Brooklyn. 
 
OF CIVIL PROCEDURE. 69 
 
 [References are to SectioDS.J 
 
 Clerks — Continued. 
 
 of city or town, deposit of books and papers on removal of 
 justice, 3144^3148; see JUSTICES' COURTS. 
 
 of New York district courts, issue of execution by, after 
 transcript of judgment docketed. 3320. 
 
 of mayors' or recorders' courts, 3192, 3303. 
 
 of New York city court, 328; see Courts (U) (b). 
 
 of sheriffs, 62. 
 
 of supreme court, who are, 3343. 
 
 see also County Clerk; Supreme Court. 
 
 of surrogates' court, 2509-2511, 2553, 2554, 3302; see Surro- 
 gates, Etc. 
 
 see also Assistants and Deputies, and courts under their 
 respective names. 
 
 Client, see Attorneys, Etc. 
 
 Co-defendant: 
 
 service of answer upon, when, 521; see Interpleader. 
 
 Code of Civil Procedure: 
 
 construction of, 3341-3356. 
 
 application to city of New York, 3341. 
 
 application to county court, 3342. 
 
 definitions, 3343; see Definitions. 
 
 is portion of new statute revision, 3344. 
 
 rule of strict construction not applicable to, 3345. 
 
 punishment of crimes, etc., thereby created, 3346. 
 
 title, 3344. 
 
 application of certain portions, 3347, 3348. 
 
 certain terms, etc., construed, 3347, 3348. 
 
 commencement of action, 3347, 3348. 
 
 proceedings, etc., under former statutes, 8349, 3352. 
 
 effect of, upon trial jurors in criminal cases, 3350. 
 
 grand and petit jurors, 3351. 
 
 terms and designation of judges, 3353. 
 
 officers and offices, 3354. 
 when code passed, 3355, 
 when took effect, 3356. 
 
 Codicil, defined, 3514; see also Wills. 
 
 Coercion: 
 
 to extort money, see Duress ; Extortion. 
 
70 INDEX TO NEW YORK CODE 
 
 [References are to Sections. ] 
 
 Collateral Inheritance Tax, see L. 1896, c. 908. 
 
 Collateral Security, see Pledge; Security. 
 
 Collaterals: 
 
 when no representation allowed among, 2733 
 
 Collector: 
 
 of customs, records in and transcripts from office of, as evi- 
 dence, 945. 
 of estate, appointed by surrogate, 2666, 2683. 
 
 Colleges: 
 
 exemptions of law school graduates of certain, 58. 
 exemption of professors from jury duty, 1030, 1081, 1127. 
 
 Colony of New York: 
 
 laws of, effect. Statutory Cons. Law, 30. 
 
 supreme court of, powers vested in supreme court, 217. 
 
 Columbia College: 
 
 graduates from law school of, 58. 
 
 Commencement of Action, see Actions. 
 
 Commissioners: 
 
 fees of, in dower or partition, 3399. 
 
 to appraise, see Appraisement. 
 
 to condemn land, see Condemnation Law. 
 
 of jurors in Kings county, 1136-1162; see TRIALS (7). 
 
 of jurors in New York county, 1089-1119; see TRIALS (6). 
 
 of deeds, see Commissioners op Deeds. 
 
 to determine sanity, 2327-2344; see INCOMPETENTS. 
 
 to take testimony, see Depositions. 
 
 in justices' courts, see Justices' Courts. 
 
 in New York city court, see Courts, (U) (b). 
 clerks of courts, when not to be, 90. 
 not allowed to purchase upon sale of realty, 1679. 
 see also Boards. 
 
 Commissioners of Deeds: 
 
 oaths taken before, 843. 
 
 for foreign countries, 956. 
 
 see also Acknowledgment ; Real Property. 
 
OF CIVIL PROCEDURE. 71 
 
 [References are to Sections.] 
 
 Commissioners of Land Offlee: 
 
 entry in books of judgment vacating letters patent, 1959. 
 
 transcript to be sent to county clerk, 1960. 
 reports to, by attorney-general of recoveries of escheated 
 property, 1981. 
 
 Commissions: 
 
 as compensation to committee of lunatic, etc., 3338. 
 
 to county treasurers, 3668. 
 
 to executors and administrators, 1903, 2363, 3564, 3668, 
 3730. 
 
 to guardians, 2746. 3850. 
 
 to receivers, 3330. 
 
 to trustees, 3328, 3229. 
 
 to testamentary trustees, 2810. 
 defined, 3358. 
 to take testimony, see Depositions. 
 
 in justices' courts, see Justices' Courts. 
 
 in New York city court, see Courts, (11) (b). 
 
 in court of claims, 373. 
 see also Commissioners. 
 
 Commitment: 
 
 by surrogate, 2579, 2715, 3716. 
 
 for contempt, see Contempt. 
 
 for disobeying habeas corpus, 3038. 
 
 for non-payment of fines, see Fines, Etc. 
 
 for withholding official books, etc., 2471a. 
 
 of judgment debtor, 3440. 
 
 of prisoner on habeas corpus, 2035-2037. 
 
 of recusant witness, 856-860, 3001-3008. 
 
 warrant for contempt not to issue when accused is in custody 
 
 on criminal, 2278. 
 sheriff to receive only legal fees for, 117. 
 warrants of, delivery to successor, 184, 185. 
 see also Arrest; Jails; Warrants. 
 
 Committee: 
 
 in general, power to administer oaths, 843. 
 
 accounting by, at instance of sureties, 813. 
 
 power to compel attendance, etc., of witnesses, 854-859. 
 
 of person or property of lunatic, idiot or habitual drunkard, 
 
 see Incompetents. 
 see Actions; Condemnation Law. 
 
72 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Common Carriers: 
 
 actions against, 1945; see Feeight. 
 
 Common Council: 
 
 ordinances, etc., of, proof, 941; see Cities. 
 
 Common Informer: 
 
 action by, for penalty, 1894. 
 
 Common Law: 
 
 proof by, 963. 
 
 of another state, how proved, 943. 
 
 certiorari by, 8130. 
 
 habeas corpus by, 3066. 
 
 inheritance by course of, 3713. 
 
 papers proved by rules of, 963. 
 
 statutes in derogation of, rules as to construction of, not 
 
 applicable to code. 3345. 
 distinction between law and equity abolished, 3339. 
 
 Communication, see Privileged Communication. 
 
 Comparison: 
 
 of papers by certifying officer, 957. 
 
 of copy of books of foreign corporation, 931. 
 
 Compensation: 
 
 for land condemned, see Condemnation Law. 
 
 in partition, 1587. 
 
 of officers and persons in representative capacity, see Com- 
 missions ; Fees ; Salaries ; and the titles of different 
 officers. 
 
 Competency: 
 
 of executors, etc., 3613. 
 
 of jurors, see Jury, Etc. 
 
 of witnesses, determination as to, in justices' courts, 3005. 
 
 see Evidence. 
 
 Complaint, see Pleadings. 
 
 Composition by joint debtor, see JOINT DEBTOR. 
 
 Compromise: 
 
 with creditors, 1943-1944. 
 by executors, etc., 3719. 
 
OF CIVIL PROCEDURE. 73 
 
 [References are to Sections.] 
 
 Compromise — Continued. 
 
 by defendant offering judgment, see Offees. 
 by plaintiff, see Offers. 
 offers to, see Offers. 
 see Tender. 
 
 GomptroUep: 
 
 copies of letters issued to county treasurer to be given to, by 
 
 surrogate, 2666. 
 audit by, of fees payable by state, S503, 3295. 
 
 of surrogate's fees in certain cases, 8503. 
 certain searches by, to be gratuitous, 3390. 
 accounts to by county treasurer as administrator, 2668. 
 
 by court of appeals clerk, 3283. 
 bonds filed with, by court of appeals clerk, 199. 
 and deputy disqualified as jurors, 1039. 
 oaths administered by, 843. 
 to determine amount of salary of certain stenographers, 357, 
 
 259. 
 shall supervise funds paid into courts of record, 744. 
 shall designate banks of deposit, 746. 
 vs'arrants by: 
 
 for payment of damages assessed, 3115. 
 
 for fees of sheriff, etc. , for attending appellate division, 243. 
 
 for removal of persons from state lands, fees for, 3307. 
 
 for costs against state, 3241. 
 
 for payment of legacy, 2747. 
 
 Compulsory Reference, see Reference. 
 
 Computation: 
 
 of time for publication, 787; see Time. 
 
 Concealment: 
 
 of effects of decedent, 2665. 
 
 of person, 636, 3437-3440, 2691, 3405. 
 
 of person, mode of service of state writ upon, 3003. 
 
 of prisoner, to avoid service of habeas corpus, 3053. 
 
 of property attached, 708. 
 
 by insolvent, 3186. 
 
 Conclusions of Law: 
 
 may be stated separately in decision of referee, 1032. 
 to be separately stated in surrogate's decision, 2545. 
 to be separately stated in city court of New York, up<Hi 
 request, 3173. 
 
74 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Condemnation Law: 
 
 (1) proceedings for condemnation of real property: 
 title of act and when to take effect, 3357, 3384. 
 " owner," " person," " real property," defined, 3358 
 proceedings, how brought, 3859. 
 
 instituted by verified petition, 3860, 3366. 
 its requisites, 3360. 
 
 notice and copy tiiereof served on owners, 3361. 
 manner of service, 3362. 
 infant and non compos defendants to appear by guardian, 
 
 etc., 3363. 
 court to appoint attorney for defendant not served personally, 
 
 3363. 
 appearance of parties generally, 3364. 
 subsequent, analogous to those in action, 3364. 
 answer, contents of, 3365. 
 
 to be verified, 3366. 
 issue tried by court or referee, 3367. 
 
 decided within twenty days, 3367. 
 decision, form, contents and review of, 3367. 
 • judgment, how entered, what to provide. 3369. 
 application of certain sections of code, relating to mistakes, 
 
 etc., 731-730, 3368. 
 commissioners thereunder, qualifications of, 3369. 
 
 how appointed, 3369. 
 
 to ascertain compensation due owners. 3369. 
 
 powers, duties, report and compensation of, 3370. 
 
 confirmation, etc., of report of, 3371. 
 
 rehearing by, 3371. 
 final order in, contents of, 8371. 
 deposit of award in court, deemed payment, 3371. 
 abandonment and discontinuance of, 3374. 
 notice of pendency of, 8381. 
 offer to purchase, when and how made, 3373. 
 
 cannot be given in evidence before commissioners, 3372, 
 
 notice and acceptance of, to be filed with petition, 8872. 
 
 order entered accordingly, 8373, 3373. 
 how enforced, 3373. 
 costs, when plaintiff entitled to, 3372. 
 
 when defendant entitled to, 3369, 3372. 
 
 when neither entitled to, 8873. 
 
 additional allowance, 3373. 
 
 to guardian or attorney appointeil by court, 3372. 
 
OF CIVIL PROCEDURE. 75 
 
 [References are to Sections.] 
 
 Condemnation Law — Continued. 
 
 compensation and costs, docketed as a judgment, 8373. 
 
 certified copy of order awarding, served on owner, 3373. 
 upon proof thereof, of deposit, demand and refusal, writ 
 
 of assistance granted, 3373. 
 determination of conflicting claims to, 3378. 
 appeal from final order, how taken, 3367, 3375, 3376. 
 what reviewed by, 3376. 
 costs to respondent upon, when, 3376. 
 stay on, 3375. 
 
 new appraisal, as result of, 3377. 
 
 from judgment by plaintiff, analogous to such in action, 
 3367, 3375, 3376. 
 possession, disturbance of plaintiff's, when prevented by court, 
 3379. 
 plaintiff's entry into, after answer, when permitted by 
 
 court, 3380. 
 security exacted for, how applied, 3380. 
 notice of pendency of proceeding, when filed, 3381. 
 requisites and effects of, 3381. 
 recorded and indexed by county clerk, 3381. 
 repealing clause, 3383. 
 
 certain acts excepted, 3383. 
 court to make necessary orders for effectuating act, 3383. 
 (3) proceedings for sale of corporate real property : 
 act applies to mortgages, leases or sales of realty, by corpora- 
 tions or joint stock associations, 3390. 
 when in effect, 3397. 
 petition, verified, to supreme or county court, 3391. 
 
 requisites of, 3891. 
 hearing of application, by court or referee, 3393. 
 notice to stockholders or creditors, 3394. 
 
 how and when served, 3393. 
 appearance by person interested, 3393. 
 granting application, scope of order, 3393. 
 court shall make all orders necessary to effectuate act, 3396. 
 see Assessment of Damages. 
 Condition: 
 
 performance of, how pleaded, 533. 
 Confession: 
 
 to clergyman not to be disclosed, 833. 
 
 of judgment, 1373-1378; see Judgment, Etc., (3). 
 
 when justice of peace may enter, 3864, ."010-3015, 3334. 
 
^6 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Confession — Continued. 
 
 of judgment, when allowed in New York district courts, 3224. 
 of party to marriage not alone sufficient proof in actions to 
 
 annul marriage, 1753. 
 of judgment made after filing petition for voluntary dissolu- 
 tion of corporation, is void, 2430. 
 in justices' courts, see Justices' Cotjkts. 
 see Judgment, Etc. 
 
 Confidential Communications: 
 
 husband or wife not to disclose, 831. 
 see Privileged Communications. 
 
 Confinement: 
 
 of prisoner, 110. 
 limited, 111. 
 
 Confirmation, see Judgment, Etc. ; Motions, Etc. ; Eeports. 
 
 Consanguinity, see Relationship. 
 
 Consent: 
 
 age of, see Age. 
 
 that surrogate may hear disputed claim, 1822. 
 
 of parents, action to annul marriage for failure of, 1743. 
 
 age of, annullment of marriage for failure to reach, 1748, 1744. 
 
 see also Infants. 
 
 of guardian ad litem to act, 472. 
 
 as to depositions, 879. 
 
 commission taken by, 908. 
 
 references by, 1011. 
 
 when not allowed, 1012. 
 for consents in judicial and quasi judicial proceedings, see 
 
 under the various subjects to which such proceedings relate. 
 
 see also Stipulation. 
 
 Consideration: 
 
 seal presumptive evidence of, 840. 
 see also Contracts (1). 
 
 Consignors and Consignees: 
 
 service upon in action to foreclose lien on vessel, 3423. 
 contest by, in action to foreclose lien on vessel, 3425, 3426, 3430. 
 may apply for discharge of warrant in action to foreclose lien 
 
 on vessel, 3435. 
 see Agents ; Common Carreers; Mechanics' Liens. 
 
OF CIVIL PROCEDURE. •J^ 
 
 [References are to Sections.] 
 
 Consolidated School Law: 
 
 education of minor legatees, 3733, 3733, 3746, 2846. 
 
 of children, after divorce, 1759, 1766, 1769, 1771, 1773. 
 of lunatics or their children, 3348. 
 of prisoner's children, etc., 3338; see Children. 
 school districts and separate neighborhoods: 
 actions by, causes, 1936, 1938. 
 
 by and against trustees, etc., 1927-1931; see Actions 
 (6)._ 
 no costs against school officer for act done under color of 
 
 office, 3344. 
 teachers, exempt from service on jury, 1030, 1033, 1081, 
 
 1137. 
 school houses, notice of strays to be posted on, 3088. 
 superintendent of public instruction and deputy disqualified 
 as jurors, 1039. 
 
 Consolidation: 
 
 of actions, see Actions (3). 
 
 Constable: 
 
 designated to attend justices' courts in city of Brooklyn, 
 
 3135. 
 when to act as crier, 93. 
 
 to have charge of jury in justices' courts, 3006. 
 notified to attend court by sherifl', 97, 98. 
 penalty for failure to attend, 99. 
 action against, to recover money collected, 3041. 
 buying claims in suit, 3137-3139. 
 
 penalty for, 3138. 
 taking money for official act, 3136. 
 practicing as attorney, 62, 3889. 
 to take charge of jury, 1196, 3006. 
 
 oath, 8006. 
 
 penalty for misconduct, 1196. 
 to execute mandate in person, 3157, 3158. 
 
 certificate in case of resistance, 3158. 
 limitation of actions against, 383, 385. 
 
 conveyance of prisoner by, where cause is transferred, 3158. 
 arrests by: 
 
 in civil cases, 3898-3900. 
 
 of witness for contempt, 2975, 2977, 3978. 
 
 of judgment debtor, 3033. 
 
78 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Constable — Continued. 
 
 attachment of witness by, 3971-2973. 
 
 of property, 2907, 2909-2912, 2915. 
 return, 2923. 
 executions issued to, 8025-3027, 3029-3032, 3038-3042. 
 actions against, for failure to return execution, 3039. 
 must make return to writ of habeas corpus if served, 2004. 
 may be compelled to bring up prisoner by warrant alone, 2054, 
 execution of habeas corpus, 2056. 
 fees and compensation : 
 
 to be paid in advance, 3838. 
 
 amount of, in civil cases, 3323. 
 affidavit as to. 3o34. 
 
 when a county charge, 3813. 
 
 for summoning jurors, 3323. 
 
 in proceedings as to strays, 3092. 
 
 payment of, on serving habeas corpus, 2000. 
 to persons not officers, 2001. 
 qualification, 2002. 
 
 for court attendance, 242, 3312. 
 
 except New York and Kings county, 3312. 
 fees of sheriff performing duties of, 3807, sub'd 17. 
 sales by, of stray animals, 3091, 8093. 
 replevin by, 3921-3924, 3937-3939, 3931. 
 venire to, on trial before justice of peace, 2991, 3992. 
 duty of, in executing and returning venire, 3993. 
 warrant to dispossess issued to, 2251. 
 to summon juries in summary proceedings, 2247. 
 may act after expiration of term of office, 3042. 
 powers of, vested in persons serving mandates, 3156. 
 search warrants issued to, 2710. 
 service of process by : 
 
 subpoenas, 2970. 
 
 summons, 2877, 2885, 2889. 
 
 precept on seizure of strays, 3088, 3089. 
 
 in summary proceedings, 2243. 
 
 papers on attachment, 3208. 
 
 Constitution: 
 
 terms " petit juror " and " petit jury " in, equivalent to " trial 
 juror" and "trial jury " in code, 3343, sub'd 19. 
 
 certificate stating date of arrival at age prescribed by, to be 
 filed by judges, 54. 
 
OF CIVIL PROCEDURE. /g 
 
 [References are to Sections.] 
 
 Constitution — Continued. 
 
 trial by jury allowed by, provisions when same is not one 
 specified in, 968, 970. 
 
 Constitutional Oath of Offlee: 
 
 who to take, see Oaths, Etc. 
 
 Construction: 
 
 of code of civil procedure, see Code of Civil Peoceduee. 
 
 of deeds and wills, 1866, 2624, 2625, 2701. 
 
 of pleadings, 519. 
 
 of statutes, see Statutory Constedction Law. 
 
 of title concerning mechanics' liens, 3398. 
 
 of words, see Definitions. 
 
 of wills, when surrogate to determine on probate, 2624. 
 
 rule of, as to publication, etc., in certain cases, 3340-8842. 
 
 Consultation: 
 
 writ of, abolished, 2100. 
 
 Contagious Diseases, see Pestilence. 
 
 Contempt: 
 
 civil, in courts of record; 
 cases enumerated, 14-16. 
 when may be punished, 2266. 
 referee may punish for, 1018. 
 when non-payment of costs, 15, 157. 
 disobeying judgment, when is, 16, 1241. 
 order for discovery, etc., 808. 
 application of code, 2266. 
 in presence of court, etc., 2267. 
 
 summary punishment, 2267. 
 commitment without notice, when, 2266. 
 process in, issued by judge, 2267, 2269, 2271. 
 
 by referee, 1018", 2272. 
 
 return of p]-ocess, 2272. 
 
 service of process, exceptional, 483, 802. 
 in surrogate's court, 2481 , 2555. 
 order to show cause, 2269. 
 
 effect of, 3273. 
 
 proceeding in action, 2270. 
 
 punishment after, 2283. 
 
 complainant's affidavit, etc., 2269. 
 
 in New York city court may be executed outside of 
 city, 338. 
 
80 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Contempt — Continued. 
 
 warrant of attachment, 550, 551, 3368-2270. 
 what to be served with, 2274. 
 original proceeding, 2373. 
 
 indorsement fixing amount of undertaking, 2275. 
 execution of, 3276. 
 undertaking to procure discharge, 2277. 
 habeas corpus for accused, 2015, 2016, 2032, 2278. 
 in justices' courts ; see Justices' Courts. 
 for refusal of witness to be sworn, 3001, 3003. 
 arrest of exempt witnesses, etc., is a, 863. 
 
 remanding accused, when, 2032, 2281, 2282. 
 interrogatories, answers, 2280. 
 proofs on, 2280. 
 decision, 2280. 
 punishment, fine or commitment, 3281. 
 for misconduct at trial term, 2293. 
 upon return of order, 3383. 
 in surrogate's court, 2555. 
 fine, as damages, when, 2384. 
 bar to action, 3384. 
 of corporation, 2284. 
 
 remission by county court, limit of, 350-353. 
 imprisonment, limit of. 111, 2285. 
 until payment, when, 2285. 
 actual confinement required, 157, 158. 
 sheriff's liability, 157. 
 damages for release, 157. 
 measure of, 157. 
 discharge from, 2285, 2286. 
 undertaking, for appearance, 2277. 
 
 to be filed by sheriff with return, 2379. 
 prosecution of, by aggrieved, 2288, 2289. 
 
 by attorney -general, or district attorney, 3290. 
 sheriff's liability, 3391. 
 indictment for same misconduct, 13, 2287. 
 previous punishment considered, 2287. 
 criminal, in courts of record: 
 in court's presence, 8. 
 breach of peace, etc., 8. 
 wilful disobedience to mandate, 8. 
 wilful resistance to mandate, 8. 
 recusant witness, 8. 
 
OF CIVIL PROCEDURE. 8l 
 
 [References are to Sections.] 
 
 Contempt — Continued. 
 
 false report of proceedings, 8. 
 summary punishment, when, 9, 10. 
 
 otherwise time to defend, 10. 
 both as crime and contempt, 13. 
 requisites of commitment, 11, 12. 
 fine, limit of, 9. 
 imprisonment, limit of, 9. 
 for misconduct at trial term, 3292. 
 for failure of juror to attend, 2993. 
 applying for order previously denied may be punished as, 
 
 776-778. 
 in certain cases of arrest, before contempt, entitled to bail, 573. 
 in certain cases, of motion costs, 779. 
 in proceeding for, before surrogate, party must appear in 
 
 person, 3528. 
 in justices' courts, see Justices' Couets. 
 
 appeal from order of commitment for, does not stay execu- 
 tion, 2579. 
 in surrogate's courts: 
 
 power of surrogate to punish for, 2481. 
 decree in, enforceable by proceedings for, when, 2555. 
 undertaking to stay execution of order for, on appeal, 
 2579. 
 
 amount, 2580. 
 requisites, 3481. 
 disobedience of surrogate's order as to custody of prop- 
 erty upon disagreement of co-executors, 2602. 
 for disobedience to citations in proceedings to discover 
 
 withheld property, 2708, 2709. 
 disobedience of decree requiring delivery of money 
 withheld, 3710. 
 see SuEEOQATES, Etc. 
 for resisting execution of process, 105. 
 by sheriff for refusal to make return in attachment, 681. 
 
 in action to recover a chattel, 1716. 
 for failure, to deposit property punishable as. in certain cases, 
 718. 
 to give possession of real property punishable as, in certain 
 
 cases, 1675. 
 to obey subpoena, 853, 855. 
 
 to deposit money, etc., as ordered by surrogate, punish- 
 able as, in certain cases, 3602. 
 6 
 
82 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Contempt — Continued. 
 
 for failure to comply with order for discovery, 807, 808. 
 
 to release dower after consenting to take gross sum, 1618- 
 
 to pay costs awarded by state writ, 2007. 
 
 to make return to writ of prohibition, 2096. 
 
 to obey order forbidding waste by judgment debtor or 
 
 other person, 1442-1445. 
 by defendant to obey order forbidding waste, 1681. 
 to pay costs in case of transfer of cause of action, 3247. 
 to pay alimony, 1773. 
 
 to pay costs of motion in certain cases, 779. 
 by attorney to pay costs of motion striking out scandalous 
 
 matter, is, 545. 
 to pay costs in proceedings instituted by state writ, 2007. 
 to make return to certiorari, 8135, 2136 
 to make return to mandamus, 2078. 
 to obey order in supplementary proceedings, 3457. 
 of witness, to attend, 853, 874. 
 to answer pertinent question, 856. 
 in surrogates' courts, 3708-2710. 
 by executor to pay over money, 2710. 
 
 Contingent Interests: 
 
 assignment of, 3177. 
 
 Continuance: 
 
 before different judge, 36, 53, 53, 8150, 3151. 
 
 beyond term, 44, 45. 
 
 extention of time to apply for, 784. 
 
 discontinuance of action by sherifi attaching, 655. 
 
 of action after transfer of interest, 756. 
 
 where sole party dies and the action survives, 757. 
 
 when one of several dies, 758. 
 when part of action survives. 759. 
 
 amendment of pleading or supplemental pleadings, 760. 
 when court may order abatement, 761. 
 
 exception, 763. 
 death of party after verdict, 763. 
 no verdict after death, 765. 
 
 action for wrong not to abate after verdict, 764. 
 death of public officer or trustee, 766. 
 
 of suits commenced by county treasurer as temporary 
 administrator, 3667. 
 
OF CIVIL PROCEDURE. 83 
 
 [References are to Sections. ] 
 
 Continuance — Continued. 
 
 before another justice after expiration of term of justice of 
 
 peace, 3150. 
 where justice is a material witness, 3151. 
 see also Abatement and Revival; Actions; Adjournment. 
 
 Contractor: 
 
 liens of, subordinate to laborer's, etc., 3414. 
 
 Contracts: 
 
 meaning of term " year" in. Statutory Cons. Law, 25. 
 meaning of term " month" in, Statutory Cons. Law, 36. 
 actions upon : 
 
 when order of arrest may issue, 16, 549. 
 
 when warrant of attachment may issue, 635, 636, 2905, 
 
 2906. 
 limitation of, 382. 
 
 for specific performance of contract to convej- realty, 
 jurisdiction of county court, 340. 
 
 where such actions must be brought, 982. 
 counterclaim in action upon, 501. 
 
 when judgment may be taken without application to the 
 court, 430, 1212, 1213. 
 fraud in negotiating, 549. 
 assignment of, see Assignment. 
 for purchase of property: 
 
 not bound by docketing of judgment, 1353. 
 
 cancellation of, 1323. 
 
 interest of judgment debtor in, may be reached, 1874, 
 
 18T5. 
 action to compel execution by, incompetent of, 2345. 
 sale of certain, to pay decedent's debts, see Executors, 
 Etc., (14). 
 
 in surrogates' courts, 2779-3786. 
 distribution of proceeds in such cases, 2793, 2794. 
 for publishing court of appeals reports, 211. 
 for public improvement, enforcement of lien, 3400. 
 party for whom made, to sue, 449. 
 for specific performance: 
 
 restitution after appeals in action upon, 1323. 
 where judgment debtor holds. 1«74. 
 
 action for, against incompetent, 2345-2348; see Incom- 
 petents. 
 of sale, see Chattels; Sales. 
 
84 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Contracts — Gonfinued. 
 
 see also Bonds; Bekach of Promise; Deeds; Mechanics' 
 
 LlENS; MOETGAGES; TRUSTS, ETC.; UNDERTAKINGS and 
 
 Other subjects relating to various kinds of contracts, or 
 contracts as to particular tilings, or with the various 
 kinds of corporations. 
 
 Contribution: 
 
 betvsfeen judgment debtors: 
 
 vphen real property of one has been used to satisfy 
 
 judgment, 1481. 
 VFhen part ovpner redeems, 1483. 
 order of, 1483. 
 
 enforceable by means of original judgment, 1484. 
 preservation of lien of original judgment, 1485. 
 entry on docket, 1486. 
 between joint debtors, 1944. 
 
 Controversy: 
 
 submission of, on agreed case, 1279. 
 requisites to, 1279. 
 filing, 1280. 
 proceedings, subsequent regulated, 1281 
 
 Conversion: 
 
 actions for: 
 
 arrest in, 549. 
 
 in justices' courts, 2895. 
 attachment in, 635-637. 
 
 in justices' courts, 3905. 
 
 Conveyances: 
 
 directed by court: 
 
 sheriff to make, in certain cases, 718. 
 
 pass right, title and interest of party adjudged to be sold, 
 
 1343. 
 to state what party's interest is sold, 1344. 
 effect of, in foreclosure, 1632. 
 
 in proceedings for sale of infants' property, 2358. 
 not necessary to pass title in foreclosure bv advertisement, 
 2400. 
 certain, by corporations void, 3430. 
 
 under order to sell property to pay decendants' debts, 2776- 
 3783; see Executors, Etc. 
 
OF CIVIL PROCEDURE. 85 
 
 [References are to Sections. ] 
 
 Conveyances — Continued. 
 
 acknowledged, may be read in evidence, 935, 936. 
 
 foreign, value as evidence, 946, 947. 
 
 certificate of acknowledgment may be rebutted, 936. 
 
 of incompetents' property, action to compel, 3345-3364; see 
 
 Incompetents (4). 
 security for stay of judgment directing, 1330. 
 by whom made when realty sold under execution, 1471. 
 on sale of decedent's real estate, 3776. 
 see also Deeds. 
 
 Convict: 
 
 former, may be witness, 833. 
 
 conviction may be proved, 833. 
 depositions of, 877. 
 care of property of: 
 
 when and to what court application to be made, 3319. 
 
 who may apply, 3320. 
 
 securities to be released, 3331. 
 
 contents of petition, 8223. 
 
 copy of sentence and affidavit to be presented, 3333 
 
 proceedings upon presentation of papers, 3334. 
 
 on return of order to show cause, 3235. 
 appointment of trustees, 3325, 3337. 
 
 effect of, 2326. 
 
 removal of, 3237. 
 prisoner's property, how applied, 2228. 
 
 surplus, disposition, 3338. 
 
 to be delivered to him on his discharge, 2229. 
 application of article to persons heretofore sentenced, 3230. 
 disqualified as administrators, 3661. 
 limitation does not run against, 396. 
 see also Fines, Etc. 
 
 Conviction: 
 
 does not disqualify as witness, 833; see Convict. 
 
 Copartnership, see Partnership. 
 
 Copy: 
 
 of mandate, when oflBcer must give, 101, 563, 8065. 
 when used for original, 736. 
 of foreign books, 930, 931. 
 
 of certain sections to be annexed to commission to take testi- 
 mony, 901, 902. 
 
86 INDEX TO NEW YORK CODE 
 
 [References are to Sections. J 
 
 Copy — Continued. 
 
 to be endorsed on precept in summary proceedings, 2341. 
 
 of certain papers on file, value as evidence, 933-936. 
 
 certified, see Certificates, Etc. 
 
 of pleadings, -when may be destroyed, 31. 
 
 of stenographer's notes, 84^87. 
 
 of lost paper, filed, 726. 
 
 of records of foreign countries, 953. 
 
 authentication, 953. 
 
 other jiroof , 953. 
 
 form of certificate of, 957. 
 sealed, 958. 
 
 application of code, 968. 
 of records of United States courts, 943. 
 
 of documents filed in United States courts, 944. 
 
 Copyright: 
 
 in state reports, 313. 
 
 Co-respondent: 
 
 may be served with pleading in divorce, 1757. 
 may appear and defend, 1757. 
 
 Coroners: 
 
 disqualified as attorney, etc., 63. 
 any maj' execute process directed to, 173. 
 punishment of, for contempt, 14. 
 habeas corpus to, service, 3000-2003, 3004. 
 limitations of actions against: 
 
 of three years, 383, 389. 
 
 of one year, 385, 389. 
 fees of, county charge, 3310. 
 
 taxation of, 3287. 
 acting as sherifl^: 
 
 vrhen sheriff party, 173, 179. 
 
 duties of, upon qualification of new sheriff, 189. 
 
 to obey rules as to outgoing sheriff, 189. 
 
 has duties, etc., of sheriff, 173, 181. 
 
 execution by, of duties in general, 172, 399. 
 of executions, 1862. 
 
 sales under, 1477, 1478. 
 of habeas corpus, 3028-2030. 
 
 arrest of sheriff, 174. 
 confinement, 175. 
 
OF CIVIL PROCEDURE. 87 
 
 [References are to Sections.] 
 
 Coroners — Continued. 
 
 place of confinement deemed a jail, 176. 
 jail liberties, 177. 
 
 bond pi-osecuted, 178. 
 escape, 177. 
 
 coroner's liability, 177. 
 arrest, etc., of other persons, 179. 
 when sheriff is a party, 179. 
 jail liberties, etc., 180. 
 
 escapes, liability for, 181. 
 sale of real property under execution, 1477, 1478. 
 
 Corporations: 
 
 defined, Statutory Cons. Law, 5. 
 (1) viiscellaneous provisions: 
 domestic defined, 3343, sub'd 18. 
 
 service of summons on, 431. 
 municipal, see Cities; Municipal Law. 
 
 excepted from certain provisions, 1804. 
 
 security not required in actions by, 1990. 
 
 costs against, 8245. 
 books of, production at trial, 868, 869, 929-931. 
 
 of foreign, as evidence, 929-931. 
 
 certificates attached to copies of, must be sealed, 958. 
 contempt by, fine for, 3284. 
 
 consent by, to discharge of insolvent debtor, 2154. 
 included in "person" in condemnation proceedings, 8358. 
 
 under terms " body " and " officer" in certiorari, 2146. 
 discovery by, 867-869. 
 arrest in action against oflBcials of, to recover funds of, 549, 
 
 2895. 
 change of name of, action for, see Names. 
 bonds, etc., of, attachment of, 648, 649. 
 interest of defendant in, attachment of, 647-651. 
 executions against foreign, 1370. 
 injunctions against, 610, 624. 
 limitations against directors in moneyed, 894. 
 masculine gender may include. Statutory Cons. Law, 8. 
 limitations in action against on bank notes, 893. 
 domestic, when deemed resident, 341. 
 
 excepted from supplementary proceedings, 2463. 
 
 excepted from judgment creditor's action, 1879. 
 
 preference of actions against, 790. 
 
88 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Corporations — Continued. 
 
 attendance by, in supplementary proceedings, 2444. 
 
 no security from domestic municipal, on appeal, 1314, 1990, 
 
 pleadings of, verification, 525. 
 
 religious; 
 
 certain provisions not applicable to, 1804, 2431. 
 sale, mortgage or lease of real property of, 3390. 
 
 residence of, where deemed, 340, 341. 
 
 service on, modes of, 399, 400, 431^33, 438-440, 1216, 2526, 
 2879-2883. 
 of injunctions, 610. 
 of mandamus, 2071. 
 
 supplementary proceedings against. 2441, 2444, 2459, 3463. 
 proceedings to sell real property of, 3390-3397. 
 
 ■when may be had, 3890. 
 
 method of procedure, 3391. 
 
 petition, what to contain, 3391. 
 
 hearing, 3393, 3393. 
 
 opposition to order, 3393. 
 
 provision if insolvent, 3394. 
 
 service of notices, 3395. 
 
 power of court to make necessary orders not provided for, 
 3396. 
 
 when title in effect, 3397. 
 security not i-equired in action by municipal, 1314, 1990. 
 seal of, provisions as to. Statutory Cons. Law, 13. 
 (2) voluntdry dissolution: 
 exception of certain corporations, 2431. 
 petition, by directors, to whom presented, 2419. 
 
 dissent among directors, 2420. 
 
 contents of, 2481. 
 
 verification of, 2432. 
 
 schedule annexed to, 2421. 
 
 where presented, 2423. 
 order to show cause, 2423. 
 receiver or injunction, 2483. 
 publication, 2434. 
 service on stockholders, 8425. 
 hearing, etc., 2436, 3437. 
 final order, 3428, 2429. 
 
 dissolution by, 8489. 
 
 appointment of receiver, 8429. 
 sales, etc., after petition, void, 2430. 
 
OF CIVIL PROCEDURE. 89 
 
 [References are to Sections. 3 
 
 CorpOPations — Continued. 
 
 provisions not applicable to certain corporations, 2431. 
 
 deposition of officer of, 872. 
 
 (3) actions by or against corporations: 
 
 action against, for usurping franchise, 1948. 
 
 triable by jury, 1950. 
 
 in name of people, 1984. 
 
 injunction against, 1955. 
 
 costs in, 1987. 
 
 admission by member of, value as evidence, 839. 
 
 judgment creditor's actions not applicable to, 1879. 
 
 may be brought in justices' courts, 2865. 
 
 on bank notes, etc., preferred, 791. 
 
 to compel determination to real property, 1650. 
 
 reference, of course, is not allowed, 1012. 
 
 exceptions, 1012. 
 attachment in, 6S6. 646, 707, 1317, 3906. 
 complaint, requisites of, 1775. 
 proof of incorporation, 1776. 
 
 costs against, when action upon relation of, 3242. 
 costs in action against municipal corporation, 3245. 
 misnomer, waiver of, 1777, 1813. 
 against, on note, etc., 1778. 
 
 order directing trial, 1778. 
 otherwise judgment, 1778. 
 by foreign corporation, proviso, 1779. 
 against foreign corporation, in what cases, 1780. 
 application for judgment in attachment, 1216, 1217. 
 against directors, officers, etc., 1781. 
 
 by attorney-general, 1782. 
 action by: 
 
 for money claimed due in action by state, 1975. 
 
 may be brought in justices' courts, 3865. 
 
 for change of name, 2411-2417; see Names. 
 visitation, 1783 ; see also Actions. 
 by judgment creditor, 1784. 
 
 for sequestration, 1784. 
 distribution, 1784. 
 for dissolution, 1785. 
 
 no reference by consent in, 1013. 
 
 by creditor or stockholder, 1786. 
 
 attorney-general to act, 1786. 
 
 injunction therein, 1787, 1809. 
 
90 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Corporations — Continued. 
 
 receivers, powers, 1788, 1789. 
 
 stockholders, as parties, 1790. 
 separate action against, 1791. 
 liability, 1793. 
 
 directors, etc., as parties, 1790. 
 
 judgment, distribution under, 1793. 
 
 recovery of subscriptions to stock, 1794. 
 
 judgment as to liability of directors, 1795. 
 
 limitation of article, 1796. 
 misnomer of stockholders as defendants, 1813. 
 to annul corporation, 1797-1803. 
 
 by attorney-general, when, 1797. 
 
 leave of court, 1798, 1808. 
 
 notice to corporation, 1799. 
 
 trial by jury, 1800. 
 
 injunction, 1802. 
 
 judgment, for accounting, 1801. 
 for receiver, 1801. 
 for distribution, 1801. 
 
 judgment-roll, where filed, 1803. 
 
 publication of judgment, 1803. 
 certain corporations excepted, 1804. 
 stockholders as witnesses, 1805. 
 creditors, staying actions by, 1806. 
 
 bringing in, 1807. 
 when attorney-general to act, 1808. 
 injunctions, suspending business, 1809. 
 
 suspending from office, 1809. 
 
 on notice only, 1809. 
 removals of directors, etc., 1811. 
 receiver, when appointed, 1810. 
 application of last three sections, 1813. 
 misnomer, amendment, etc., 1813. 
 costs against, 1987. 
 
 in justices' courts, see Justices' Courts (1), (3) 
 (4) foreign corporations : 
 defined, 3343, sub'd 18. 
 books of, when and how evidence, 939-931. 
 
 copies, how certified, 930, 931. 
 executions against, in attachment, 1370. 
 actions by and against, 1779, 1780, 1948. 
 
 security for costs, 3268, 3370. 
 
OF CIVIL PROCEDURE. 9I 
 
 [References are to Sections.] 
 
 Corporations — Continued. 
 
 attachments against, 636, 646, 707. 
 
 in justices' courts, 3906. 
 service of papers on, 438, 438-440. 
 
 of injunction, 610. 
 
 notice of sale in foreclosure, 3389. 
 pleadings, how verified, 525. 
 taking judgment against, 1316, 1217. 
 supplementary proceedings against, 1879, 3463. 
 condemnation proceedings by, see Condemnation Law. 
 receiver of, see Receivers. 
 (5) religious corporations: 
 
 disposition of real property of, 3390-3397; see (1) supra. 
 exempted from certain provisions, 1804, 2481. 
 
 Corporeal Hereditaments: 
 
 defined, Statutory Cons. Law, 3. 
 
 Cortland County: 
 
 stenographers for courts in, 358, 861. 
 
 Costs: 
 
 (1) miscellaneous : 
 
 against the state, 1985, 3241. 
 
 how paid, 3341. 
 
 in relator's action, 3243, 3343. 
 
 in municipal actions, 3343. 
 against school officers, 3344. 
 
 supervisors, 3344. 
 
 municipal corporations, 3345. 
 in action by or against executors, etc., 1885, 1836, 3246. 
 
 executor or administrator to be indemnified against, 1916. 
 in transferee's action, 3247. 
 increased, certificate for, 3348. 
 against infant plaintiff, 3349. 
 
 how collected, 3349. 
 effect of title, 3350. 
 
 payment of, upon exoneration of bail, 601. 
 upon application for remission of fine, 353. 
 against defendant unreasonably defending, 433. 
 against guardian ad litem, 477. 
 against usurper of office, etc., 1956, 1987. 
 against person in contempt, 3368, 3284, 3390, 3973, 3976, 3977. 
 none in court of claims, 274. 
 
92 INDEX TO NEW YORK CODE 
 
 [Relerences are to Sections J 
 
 Costs — Continued. 
 
 in controversy submitted, 1381. 
 
 in action to foreclose lien on vessel, 3431-3433, 3438, 8439; 
 
 see Mechanics' Liens. 
 in insolvency proceedings, 2167, 2193. 
 in divorce actions, 1769. 
 
 in summary proceedings, 2249, 2250, 2354, 2259, 2J63. 
 in supplementary proceedings, 3432, 2455, 3456. 
 on amended pleadings 540. 
 on frivolous pleadings, 537. 
 on irrelevant pleadings, 545. 
 on arbitrations, 3377, 3378, 3384. 
 on attachments, 641, 676, 677, 709, 3973. 
 on certiorari, 2143. 
 on confession of judgment, 1375. 
 on granting discovery, 807. 
 on mandamus, 2086, 2090. 
 on motions, 779, 3236. 
 on partition, 1540, 1555, 1559, ]579, 1580. 
 
 how to be awarded, 1559. 
 
 costs and expenses, payment of, 1579, 1580. 
 
 fees and expenses a part of, 1555. 
 
 shares of lienors to pay their proportion of, 1540. 
 on writ of prohibition, 2100. 
 on trial without jury, 1022. 
 
 by referee, 1018," 1022. 
 
 before sheriff's jury, 109. 
 of struck jury, 1069. 
 
 as condition of remission of fine, etc., in county court, 353. 
 action for, by surety, when, 1916. 
 
 by executor or trustee, 1916. 
 execution for, against corporation, 1987. 
 arrest of directors, etc., for, 1987. 
 arrest, in contempt for, 2268. 
 
 none for interlocutory costs, except, etc., 15. 
 to abide event, when, 1010. 
 interlocutory, awarding of, 1231. 
 in foreclosure by advertisement, 2401-2403. 
 in surrogates' courts, 3557-3563; see also Surkogates. Etc. 
 in action to compel determination of claim to real property, 
 1640, 1645. 
 
 for divorce or separation, 1769. 
 
 for dower, 1613. 
 
OF CIVIL PROCEDURE. 93 
 
 [References are to Sections.] 
 
 Costs — Continued. 
 
 in action for interpleader, 820. 
 
 against joint debtors, 1941. 
 
 against legatees, 1839. 
 
 against people, 1985. 
 
 prosecuted or defended by attorney-general, 1986, 1987, 
 1989. 
 
 to recover real property, 1501, 1506, 1508, 1518, 1325, 1536. 
 
 by or against sheriff, 677. 
 
 by or against executors, 1816, 1835, 1836, 3087, 2710-2713, 
 3757, 3793. 
 in proceedings to condemn land for use of state, 3115. 
 
 to discover death of tenant for life, 2309, 2311, 3316. 
 
 to dispose of real property of decedent, 3547, 2549, 2793. 
 
 instituted by state writs, may be collected by contempt, 
 2007. 
 to or against party prosecuting as poor person, 461, 467. 
 in condemnation proceedings, 3869, 3373, 3373 3376, 3379. 
 excluded from amount limiting jurisdiction of court of 
 
 appeals, 191. 
 judge not to be interested in, 47, 49. 
 •where offer to compromise has been made, 738, 739. 
 after tender, 733, 734. 
 supplementary proceedings for, 3432. 
 after severance of action, 511. 
 
 may be inserted in blank left in judgment, when, 1231. 
 (2) aivarding in courts of record ; general rules: 
 of course, to plaintiff, when, 3238. 
 
 to defendant, when, 3329. 
 if several, 3339. 
 when discretionary, 3330, 3411. 
 to be stated in decision, 1033. 
 where action might be joined, 3331. 
 interlocutory, on law issue, 8338. 
 
 how collected, 3333. 
 offsetting, when, 3334. 
 on answer of title, 3235. 
 certain provisions as to motion costs, 3336. 
 qualification of foregoing, 3337. 
 on appeals, 3337, 3238. 
 
 from interlocutory judgment or order, 3339. 
 in special proceedings, 8340. 
 
 in appeals, 3340. 
 
94 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Costs — Continued. 
 
 in action by transferee, 3347. 
 
 in action by beneficiary, 3347. 
 
 certificate, entitling to costs, 8348. 
 
 certain special provisions unaffected, 3350. 
 
 where plaintiff recovers extra damages, 3357, 3358. 
 
 no increase on disbursements, 8359. 
 (8) tariff of costs and disbursements in courts of record: 
 to plaintiff, before notice of trial, 3351. 
 
 for additional defendants, 8351. 
 
 for guardian appointments, 3351. 
 
 for injunction orders, 3251. 
 
 for order of publication, etc., 3251. 
 sheriff's fees included in, 8309. 
 stenographer's fees included in, 3513. 
 to defendant before notice, 3251 . 
 to either party: 
 
 after notice, before trial, 3351. 
 
 for case. 3351. 
 
 for taking depositions, 3351. 
 
 for interrogatories, 3351. 
 
 for trial of law, 3251. 
 
 for trial of fact, 3251. 
 
 for motions, 3351. 
 
 for new trial, 8251. 
 
 for term fees, 3351. 
 
 for appeals, before argument, 3251. 
 for argument, 3351 . 
 damages awarded on, 3251. 
 exti-a allowance to plaintiff, 8353. 
 
 to either party, when, 8258. 
 
 limit of, 3254. 
 on adjournments, 8355. 
 disbursements taxable, 3356, 3411. 
 increased damages do not carry increased costs, 8357. 
 
 affidavit upon taxation, 3367. 
 increased costs to defendants, 3258. 
 
 disbursements excepted, 3359. 
 
 costs upon a settlement, 3360. 
 application of code, 8261. 
 (4) in foreclosure by advertisement: 
 drawing notice of sale. 2401. 
 
 of postponement, 2401. 
 
OF CIVIL PROCEDURE. 95 
 
 [References are to Sections. 3 
 
 Costs — Continued. 
 
 drawing affidavits, 3401. 
 
 making copies, 2401. 
 
 service of, etc.. 2401. 
 superintending sale, etc., 2401. 
 disbursements for publishing, 2403. 
 
 for recording affidavits, 2403. 
 
 for postage and searches, 2403. 
 taxation, 2403. 
 certain exceptions, 3261. 
 
 (5) in foreclosure by action; 
 extra allowance, to plaintiff, 3353 
 
 to either pax'ty, 3253. 
 on dismissal, 1634-1637. 
 of mechanics' liens, 3411. 
 
 (6) in surrogates' courts: 
 how payable, 2556, 2557. 
 out of estate, when, 3557. 
 by parties, when, 2557. 
 discretionary, when, 2558. 
 disbursements as, 2559. 
 insertion in decree, 3559. 
 on jury trials, 2560. 
 
 on appeals, 2560, 2589. 
 
 amounts, when discretionary, 2561. 
 
 on accountings, 2562. 
 
 on disposition of realty, 2568, 2564. 
 
 fees, to appraisers, 2565. 
 
 to referee, 2566. 
 
 to witness, 2566. 
 surrogate's fees, 2507. 
 
 no perquisites, 2567. 
 
 on orders, 2556. 
 costs on appeal from order denying motion for new trial, 
 
 2549. 
 of appeal from surrogates' courts, how awarded, 3589, 
 
 (7) injustices' courts: 
 defined, 3074. 
 
 included in judgment, 3074. 
 when not awarded, 3075. 
 tariff of, 3076. 
 on demurrers, 3077. 
 taxation of, 8078. 
 
96 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Costs — Continued. 
 
 items of, to be in docket, 3078. 
 
 verification of, 3078. 
 increased, 3079. 
 
 where separate defendants, 3080. 
 liability of justice for excessive, 3081. 
 guardian's liability for, 2887, 2888. 
 on offers of judgment, 2893. 
 plaintiff's security for, 2896. 
 on amendments, 2944. 
 on counterclaims, 2949. 
 against plaintiff, when, 2950, 2956. 
 on discontinuance, 29.'J0, 2954. 
 on attachments, 2972. 
 on non-suits, 3013. 
 upon verdict or decision, 3014. 
 in actions on judgments, 8021, 3154. 
 on appeals, 3047, 3095. 
 
 in actions as to strays, 3083, 3092, 3096, 3097 . 
 where animals trespass, 3110. 
 on transfer of action, 3152. 
 on justice's judgment, 3154. 
 justice's fees, 3322. 
 actual disbursements, 3325. 
 opponent may pay, effect, 3329. 
 in Brooklyn, 3128-3133. 
 
 on adjournments, 3132. 
 to female employees, 3131, 3221, 3222. 
 on answer of title, 3235, 323«. 
 
 (8) on appeals from jiifitices' courts : 
 to be set off against recovery, 3059. 
 certain sums to be included, 3060. 
 when awarded, 8066. 
 
 amount of, 3067. 
 
 where offer to compromise has been made, 3070, 3073. 
 
 before return, 3070. 
 
 after return, 3073. 
 where new trial is had in appellate court, 3073. 
 from order determining claim to surplus moneys in actions 
 relating to strays, 3095. 
 
 (9) on appeals from district (municipal) courts, 3213. 
 
 (10) taxation of ; 
 
 by the clerk, 1231, 3262. 
 
OF CIVIL PROCEDURE. 97 
 
 [References are to Sections.] 
 
 Costs — Continued. 
 
 by the judge, when, 3263. 
 
 service of notice of, 3161, 3263. 
 
 retaxation, 3264. 
 
 review by court, 3265. 
 
 duty of taxing officer, 3266. 
 
 affidavit of disbursements, 3267. 
 
 in foreclosure of mortgage by advertisement, 2403. 
 
 on judgment confessed, 1275. 
 
 in controversy, submitted, 1281. 
 
 (11) security for costs : 
 
 when defendant may require, 3268. 
 
 after action begun, 3369. 
 
 where several plaintiffs, 3270. 
 
 in actions by or against executors, etc., 3271. 
 
 order for, 3378. 
 
 undertaking, 3168, 3373. 
 
 sureties, justification, 3168, 3274, 3375. 
 
 order for additional, 8276. 
 
 failure to give, effect of 3277. 
 
 plaintiff's attorney's liability, 3278. 
 
 in special proceedings, 3379. 
 
 justification of sureties upon undertaking for, in New York 
 City Court, 3161. 
 
 on appeal, see Undertakings. 
 
 on order of arrest, 559. 
 
 on attachments, 640. 
 
 on injunctions, 611-613, 616. 
 
 (13) provisions as to, relating exclusively to New York City 
 Court : 
 
 jurisdiction, exclusive of, 316. 
 
 notice of taxation of, in, 3161. 
 
 security for, sureties, etc,, 3168. 
 
 where order of arrest is granted in certain cases, 8185. 
 Cotton: 
 
 factories, exemption of employees from jury service, 1030. 
 Counsel: 
 
 see Attorneys, Etc. 
 
 fees of, in insanity proceedings, 2336. 
 
 receiver employing, 713. 
 
 surrogate not to be, when, 2495. 
 
 surrogate's clerk not to be, 2509. 
 
 surrogate's son or father not to be, 2529. 
 7 
 
98 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Counsel Fees: 
 
 may be awarded in action for divorce, 1769. 
 
 see Attorneys, Etc. 
 
 Counterclaim, see Pleadings (5). 
 
 Counties : 
 
 defined, Statutory Cons. Law, 5. 
 
 jails in, see Jails, 
 
 conveying prisoners tiirough, 118, 119. 
 
 erecting new or changing bounds of, surrogate's jurisdiction 
 
 after, 2479, 3480. 
 county officers, civil arrest of, 549. 
 judgments in certain real actions to be docketed in county 
 
 where property is situated, 1677. 
 attachments against officials of, etc., 637. 
 conversion by officials of, etc., 549. 
 power of (posse comitatus): 
 
 of what consists, 104. 
 
 sheriff may command, 104-107, 2030. 
 
 if insufficient, 107. 
 
 coroner, etc., may command, 2030. 
 
 if constable requires it, 3158. 
 actions by or against : 
 
 before justices, 2865. 
 
 place of trial, 983-991. 
 actions in behalf of, 1935-1931, 1969, 1976. 
 
 costs shall not be awarded against, 3243. 
 
 certain preferred, 789. 
 courts in, 2, 232, 238, 239; see Courts (9). 
 county charges, cost of litigation as. 3243. 
 
 for courts, etc., 20, 31, 156, 35R, 361, 3198. 
 
 for proceedings to disbar attorneys, 68. 
 
 for record books, 1245, 1672, 2498. 
 
 for seal, 30. 
 
 for clerks of surrogates' courts, 2508. 
 
 for stenographers in certain cases, 2513. 
 
 for support of prisoners, 112. 
 county courts, 340: see also Courts (9). 
 seals of, 37, 28, 30. 
 surrogates of, see Surrogates, Etc. 
 where motion to be made, see Motions, Etc. 
 
 Country: 
 
 included in term "person," Statutory Cons. Law, 5. 
 
OF CIVIL PROCEDURE. 99 
 
 [References are to Sections.] 
 
 County Clerk: 
 
 assignments filed with : 
 
 of certificate of sale or redemption, 1474. 
 bonds and undertakings filed with : 
 
 in partition proceedings, 1538. 
 day calendar of appellate division to be telegraphed to, 
 
 242. 
 certificates and certified copies by : 
 in general, 957-963. 
 no charge in certain cases, 3290. 
 of authorit}-, etc., of justice of peace, 939, 949. 
 of length of term of court, 259. 
 of minutes of trial, 218. 
 of no notice of lis pendens in partition, 1538. 
 of qualification of sheriff, 182. 
 of record of insolvent assignment, 2178. 
 certificates filed with: 
 
 of disability by county judge, 842. 
 
 of execution sale, 1439. 
 
 of exemption from jury duty, 1031; see Trims. 
 
 on redemption of real property sold on execution, 1463, 
 
 1470. 
 of satisfaction, by redeeming creditor, 1463. 
 of surrogate, designating day on which he will attend his 
 ofiice, 2505. 
 to be clerk of supreme court, 3343. 
 decrees of surrogates filed with, 2657, 2659. 
 deposits of money with, 1306. 
 deputies of, 89. 
 descriptions filed with: 
 
 of property exempt from execution, 1396, 1398. 
 disqualification of in Kings and New York counties: 
 as referee, 90. 
 as receiver, 90. 
 as commissioner, 90. 
 except parties consent, 90. 
 duties in relation to: 
 searches, 961. 
 
 certain searches without fee, 3290. 
 attending appellate division, 242. 
 delivery to district attorney of minutes of fines, 1199. 
 destroying papers on file, 21. 
 
lOO INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 County Clerk — Continued. 
 
 docketing judgments, etc., 1368-1373, 1331, 1333, 1845, 
 1355, 1485, 1486, 3183, 3553, 3017-3034, 3043, 3335; see 
 Judgment, Etc. 
 drawing trial jurors, 1037-1039, 1043-1053, 1057-1059, 1061, 
 1064, 1065, 1068, 1071, 1073, 1075. 
 inN. Y. Co., 1096-1104. 
 filing and noting assignment of judgment, 1370. 
 as to juries, see Jurors, Etc. 
 keeping certain books, 1236, 1245. 
 confession of judgment, 1375, 1276. 
 recording certificate of sale of real property, 1439. 
 filing satisfaction of judgment or mortgage on redemp- 
 tion of property from execution, 1463. 
 in foreclosure by advertisement to affix notice of sale, 
 3390. 
 to note record of affidavits, 3399. 
 recording orders appointing receivers in supplementary 
 proceedings, 3470. 
 penalty for neglect, 3470. 
 recording wills, 3633, 3634. 
 homestead exemjition, 1398. 
 destroying papers upon order, 21. 
 recording certificate upon sale on execution, 1439. 
 notice of lis pendens, 1678; see Pending of Action. 
 indexed, 1672. 
 cancelling, 1674. 
 taxing costs, 2403, 3263-8367. 
 fees and compensation of: 
 table of, 3304. 
 certain cases in New York and Kings counties excepted, 
 
 3305. 
 accounting for, 3385, 3386. 
 taxation of, 3287. 
 when none, for searches, 3390. 
 for notices to appointees, etc., 3804. 
 for notices to governor, 3304. 
 accounts of, 3385. 
 for recording wills, 8634. 
 misconduct of: 
 
 refusing searches, 961. 
 false certificates, 961 . 
 
OF CIVIL PROCEDURE. lOI 
 
 [References are to Sections.] 
 
 County Clerk — Continued. 
 notices filed with: 
 
 of appeal, 1300, 1303. 
 
 of attachment, 649. 
 
 of lis pendens, see Pendency op Action. 
 oaths before, 843. 
 
 oaths of court interpreter to be filed with, 360. 
 orders filed with: 
 
 appeals from, 1304. 
 
 of appellate division, 1355. 
 
 appointment of receiver, 2467, 3468, 3470. 
 
 appointing terms of county court, 356. 
 
 apportioning salaries of stenographers, 1007. 
 
 changing name of corporation, 2417. 
 
 changing name of person, 2417. 
 
 changing place to hold court, 40, 43. 
 
 changing place of trial, 344, 989. 
 
 in condemnation proceedings, 3381. 
 
 designating place for confinement of prisoners, 135-137, 
 143. 
 
 in partition proceedings, 1583. 
 
 in proceedings for voluntary dissolution, 2423. 
 
 by surrogate, designating day to attend at his office, 2505. 
 papers filed with: 
 
 assessment of damages for land condemned, see Con- 
 demnation Law. 
 
 on changing place of trial, 988, 989. 
 
 certificate of sale under execution, 1439. 
 
 undertaking to accompany application for warrant to 
 enforce lien on vessel, 3431. 
 
 notice of pendency of action, 1670, 1673. 
 duties concerning, 1673. 
 
 of order, etc. , on changing name, 2414. 
 
 by common carriers, showing names of partners, 1945. 
 
 designation of person upon whom process may be 
 served, 430, 3880, 3881. 
 
 copies of, when evidence, 933. 
 
 on foreclosure by advertisement, 2390, 2396, 2398, 3399, 
 2405. 
 
 in insolvency proceedings, 3181. 
 
 records of convictions, 2873. 
 
 records, papers, seals, etc., of abolished superior city 
 courts, 93. 
 
102 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 County Clerk — Continued. 
 
 conveyance of homestead exemption, 1398. 
 
 on redemption of land from execution sale, 1462-1467, 
 
 1485, 1486 ; see Executions (5). 
 resolutions and determinations of supervisors, 148. 
 in special proceedings, in what county to be filed, 825; 
 
 see Filing Papers. 
 undertakings, see Undertakings. 
 transcript of judgment in action to foreclose mechanic's 
 
 lien, 3410. 
 effect of, 8410. 
 process and returns filed with: 
 in general, 33. 
 on attachment, 649, 654. 
 in certiorari proceedings, 3133, 2134. 
 in condemnation proceedings, 2111. 
 in prohibition, 3096. 
 see also Executions. 
 public documents, laws, etc., transmitted to, 57, 313. 
 records of certain city courts, transferred to custody of, 98, 
 
 3198. 
 recording, see Recording, Etc. ; also under the heading of the 
 
 respective subjects, 
 reports and accounts by: 
 of names changed, 2417. 
 of fees received, 8285. 
 seal of, 27, 28, 30. 
 
 see also Clerks ; Counties ; County Judges ; County 
 Treasurer; Courts (9). 
 
 County Courts, see Courts (9). 
 
 County Jails, see Jails. 
 
 County Judge: 
 
 appointments by: 
 
 of crier, see Crier. 
 
 of guardian ad litem, 473-474 
 incapacity of, 343. 
 
 proceedings upon, 342. 
 oaths before, 842, 2163. 
 orders by: 
 
 in general, 722-724. 
 
 of arrest or commitment, 152, 556. 
 
OF CIVIL PROCEDURE. 103 
 
 [References are to Sections.] 
 
 County Judge — Continued. 
 
 changing location of jail, 135, 144. 
 
 changing place to hold court, 43. 
 
 compensation of, when acting as surrogate, 2493. 
 
 order of business, etc., when acting as surrogate, 3506. 
 
 discharging from arrest, 564, 862. 
 
 injunction, 606. 
 
 for additional jurors, 1056. 
 
 releasing partnership property seized on execution, 1413. 
 
 for removal of intruders upon real property, 2234, 2250, 
 
 2262. 
 for removal of prisoner to hospital, 127. 
 for substituted service or service by publication, 435, 440. 
 powers and duties of as to: 
 
 same as supreme court judge at chambers, 241, 348, 349. 
 
 may remit fines, 850-353. 
 
 may make order in county court of another county, 
 
 354. 
 as to appointment of terms of county court, 855. 
 to grant provisional remedy, see Pkovisional Remedies, 
 
 and under their respective heads, 
 as to ex parte orders, 772. 773. 
 review of orders made by, 774. 
 to issue subpoena for witness, on deposition to be used 
 
 without state, 915, 917. 
 to attend drawing of trial jurors, 1044, 1046. 
 may order drawing of additional jurors, 1056. 
 
 jurors to attend on particular day, 1060. 
 may issue habeas corpus to testify, when, 2009, 2011; see 
 
 Habeas Corpus. 
 for different provisions concerning powers of, in proceed- 
 ings under State Writs, see under the heads of the 
 respective writs, 
 as to summary proceedings, 2234. 
 
 when may grant order staying wan-ant, 2262. 
 appointment of guardian for infant, 472. 
 staying warrant in supplementary proceedings, 2362. 
 issuing of warrant to apprehend witness on writ of 
 
 inquiry. 108. 
 discharge of witness arrested, 862. 
 granting orders for depositions, 873. 
 approval of sureties, 474, 578, 652, 1362, 2061, 3274, 3275. 
 attachment of property, 638, 651, 652. 
 
I04 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 County Judge — Continued. 
 
 compelling delivery of books, etc., to successor in office, 
 
 3471a. 
 compelling attendance of jurors, 1060. 
 depositions and commissions to take testimony', 872, 873, 
 
 889-891, 894, 913, 913, 915, 917; see Depositions. 
 exoneration of bail, 592. 
 habeas corpus and certiorari, 2008-2011, 2017, 3018, 2031- 
 
 2023, 2035, 2046, 2047. 
 proceedings by executor or administrator to discover 
 
 property withheld, 2708. 
 proceedings supplementary to execution, 2434. 
 restraining judgment debtor from waste, 1440-1445; see 
 
 Executions (5). 
 taxing fees, 109, 1702. 
 special county judge, 842, 2434, 2492. 
 as surrogates, 2483, 2484, 2492-2494, 2505. 
 to attend jury drawing, 1044-1046. 
 see also County Clerk; Counties; Courts C9); Judges. 
 
 County Offleers: 
 
 actions by or against, 1925-1937, 3865. 
 
 conversion by, 549. 
 
 see Counties, and under the names of the different officers. 
 
 County Treasurer: 
 
 fees of, 3321. 
 
 chamberlain, in New York county, 3321. 
 
 accounts to, by county clerk, 3285. 
 
 accounts by, 752. 
 
 action against, by aggrieved party, 1887. 
 
 bond of, action on, 1887. 
 
 bonds to, in partition, 1584, 1585. 
 
 actions by, in partition, security, 1586. 
 
 commissions, for receiving and paying monies, 3321. 
 
 for investing, 3321. 
 duties and powers in relation to: 
 
 distribution of money from sale of decedent's real prop- 
 erty, 2792. 
 administration of estates, 2660, 2665-2672, 2748. 
 
 when to act as public administrator, 2665. 
 
 bond, 2666. 
 
 letters to, and proceedings thereupon, 2666. 
 
OF CIVIL PROCEDURE. I05 
 
 [References are to Sections.] 
 
 County TFeasurer— C'onfonued. 
 
 when authority of, superseded, 3667. 
 
 powers, as administrator, 3668. 
 
 accounting by, 2668. 
 
 when to be appointed, 3670. 
 missing persons' administration, 3670-'J673. 
 infants' moneys, 3796. 
 moneys paid into court, 749, 841, 1538, 1583, 1585, 1586, 
 
 2537, 3595, 3769, 3786, 2792, 2795, 3796, 3800. 
 portions of unknown heirs in partition, 1 582. 
 widow's dower, 2795. 
 fees of, generally, 3331 . 
 
 and surrogate of Kings county to appoint a public admin- 
 istrator, 3669. 
 payments by ; 
 
 for expenses in proceedings to disbar attorney, 68. 
 fees of constables, etc., 3313. 
 fees of sheriffs, 3308. 
 fees of stenographers, 86, 360-263. 
 in partition, 1588. 
 
 into state treasury, as temporary administrator, 2668. 
 see Payment. 
 payments to : 
 
 fees of county clerk, or register, 3285. 
 
 accounting by, 3385. 
 money paid into court, 745. 
 
 certain money from surrogate's courts, 3537. 
 
 fines, etc., 350, 1967, 3394. 
 
 for disobedience to surrogates' courts, 3579. 
 
 in partition, 1538. 
 
 unclaimed legacies, 2748. 
 reports by, to comptroller, 753. 
 reports and accounts to. 3385. 
 security, in name of. when, 1575, 1585. 
 successor, rights of, 750. 
 see Accounts Etc. 
 when to act as public administrators, 2660, 3665-2668, 
 
 Court of Appeals, see Couets (4). 
 
 Court of Claims, see Courts (16). 
 
 Court House: 
 
 sale of liquors in, prohibited, 32, 33. 
 trials elsewhere than at, when, 37. 
 
I06 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Court House — Continued. 
 
 when county judge to appoint temporary, 43. 
 terms of courts to be held at, 338, 355. 
 
 Courts: 
 
 (1; general and miscellaneous provisions. 
 
 enumeration, 1-4. 
 
 jurisdiction and powers continued, 4. 
 
 governed by Greenwich time. Statutory Cons. Law, 28. 
 
 see also Jurisdiction. 
 
 code provisions applying to, 3847. 
 
 what issues to be tried by court, 969. 
 
 attempt to begin action in, 899. 
 
 effect on limitations, 399. 
 foreign, records of, as evidence, 952-934. 
 of equity, distinct forms of actions abolished, 3339. 
 sittings, publicity of, 5. 
 
 exception, 5. 
 
 forbidden on Sunday, 6. 
 exceptions, 6. 
 judges of, see Judges. 
 judgments of, see Judgment, Etc. 
 juries in, see JURY, Etc. 
 jurisdiction of, see Jurisdiction. 
 money paid into, see Payment. 
 motions in, see Motions and Orders. 
 orders by, see Motions and Orders. 
 pleadings in. see Pleadings. 
 
 what, included under term " body or olHcer " in certiorari, 2146. 
 (2) courts of record: 
 
 presiding officer of, is a judge, Statutory Cons. Law, 6. 
 enumerated, 2. 
 
 existing jurisdiction of, continued, 4. 
 adjournments, entry of, 34, 36. 
 
 by judges, 34, 41. 
 
 by mayor or recorder of New York, 43. 
 
 by county judge, 43. 
 
 by sheriff or clerk, 35. 
 
 no abatement by, 44. 
 
 by reason of judge not appearing, 35. 
 admission to practice in, 56-60; see Attorneys, Etc. 
 change of place of holding, by governor, 38. 
 
 how made, 39. 
 
OF CIVIL PROCEDURE. lO/ 
 
 [References are to Sections.] 
 
 Courts — Continued. 
 
 change of place of holding, by judge, 40. 
 
 discovery of books and papers by certain, see Discovery. 
 
 appeals in, see Appeals. 
 
 attendants of; 
 
 special deputy to be appointed by county clerk, 89. 
 
 in Kings county, 95. 
 designation, 95. 
 duties, 96. 
 
 disqualified as attorneys, 63. 
 
 court of appeals, 198. 
 attorneys of, see Attorneys, Etc. 
 calendars, printing, 19. 
 
 expense, a county charge, 20; see Calendar. 
 certiorari, review by, restricted, 3120-2123, 2124, 3125, 2147. 
 
 see also Certiorari. 
 changing place of trial in actions in, 218. 
 clerks, fees of, 3301 ; see also Clerks. 
 constables, how notified to attend, 97. 
 
 penalty for neglect, 99. 
 contempt of, see Contempt. 
 
 correcting errors in proceedings of, see Mistakes. 
 criers of, 91, 92; see Ckier. 
 
 executions out of, 1362, 1406, 1408; see Executions, 
 habeas corpus in, see Habeas Corpus. 
 interpreter for, in Kings county, 94. 
 judges, effect of changing, 25, 26. 
 
 subsequent powers of, 35. 
 
 see Judges. 
 officers of, privilege from arrest, 565. 
 papei's, etc., destroying, regulated, 21. 
 parties in action in, to foreclose mechanics' lien, 3402. 
 place of holding, 31. 
 
 liquor sales prohibited, 32, 33. 
 
 rooms, fuel, etc., 31. 
 
 changing, by parties, 37. 
 
 for war, pestilence, etc., 38. 
 notice of, to be published, 39. 
 by judge, 40, 43. 
 powers of, general, 7. 
 
 to punish contempt, 8-10, 13, 14. 
 
 to compel discovery, 803. 
 
 over dockets of judgments kept by county clerk, 1269. 
 
I08 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Courts — Continued. 
 
 to consolidate actions to foreclose mechanics' liens, 
 3401. 
 process and writs of: 
 
 to be in English, 33. 
 
 to be legible, 23. 
 
 abbreviations to be in conformity to custom, 32. 
 
 teste and return of, 83. 
 
 effect of errors, 34. 
 
 indorsing, effect of, 34. 
 records, etc., of certain extinct courts, 93. 
 rules of practice, convention for, 17. 
 
 binding on what courts, 17. 
 
 publication of, 18. 
 seals of, provisions concerning, 34, 37, 28, 80, 98, Statutory 
 Cons. Law, 13. 
 
 renewal, 30. 
 
 at whose expense, 80. 
 
 of certain extinct courts, 93. 
 sheriff to notify constables to attend, 97. 
 
 when not directed, 98. 
 trial jurors for, see Jury, Etc. 
 trials in, when not abated, 45. 
 
 continued after term, 45. 
 
 see Trials. 
 for various courts of record, 315-389, 3159-8214, 3323-3335, 
 and under the head of the specified courts. 
 
 (3) courts not of record: 
 enumerated, 3. 
 executions out of, 1408. 
 jurisdiction continued, 4. 
 
 in Albany, 3207-8214, 3333-3335a; see Albaut, City of; 
 
 Courts (11) (c). 
 in Brooklyn, 3116-3133; see Brooklyn, City of. 
 limitations in, 15, 398-400; see Limitations. 
 limitations on judgment of, 882. 
 mechanics' lien actions in, 3404-3408. 
 appeals from, 3409. 
 New York district courts, 3, 3207, 3223; see (11) (c) infra. 
 
 (4) court of appeals : 
 a court of record, 2. 
 amendments allowed by, 4h7. 
 
OF CIVIL PROCEDURE. IO9 
 
 [References are to Sections.] 
 
 Courts — Continued. 
 appeals to : 
 
 in general, 190, 191; see Appeals (3). 
 
 case and exceptions upon, see Exceptions, Etc. 
 
 in cases involving title to public office, 229. 
 
 in certiorari proceedings, 2145. 
 
 costs on, 3251. 
 
 from final order in summary proceedings, when, 2361. 
 
 in liabeas corpus proceedings, 3062. 
 
 preference upon, see Peefeeeed Causes. 
 see also Appeals. 
 
 in insurance cases, judge not disqualified because a 
 policy-holder, 46. 
 
 jurisdiction, 190, 191. 
 
 rehearings, 195. 
 
 place on calendar, 195. 
 clerk, appointment and removal, 198. 
 
 oath, bond, 199. 
 
 ofiBce at Albany, 199. 
 
 deputy and assistants, 300, 301. 
 
 fees. 3283, 8300. 
 see Clerks. 
 
 for judges of, 202. 
 judges of, may decide case although absent at argument, 46. 
 judgment of, remittitur, 194. 
 
 when absolute, 194. 
 local offices for judges of, 303. 
 place of sitting, 38-41. 
 
 change by governor, 38, 39. 
 remittitur, 194. 
 
 when followed by assessment of damages, 194. 
 reporter and reports of, 198, 309-316; see State Repoetee. 
 rules of practice of, 193. 
 
 for admission of attorneys, 56-58, 193. 
 
 publication, 18. 
 
 general, not binding on this court, 17. 
 seal of, continued, 27. 
 terms of, discretion as to, 196. 
 
 where held, 197. 
 
 adjournment, 197. 
 see also Appeals; Attorneys, Etc. 
 
no INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Courts — Continued. 
 
 (5) supreme court; see Appellate Division; Supreme Cottrt. 
 
 (6) surrogates' courts; see Surrogates, Etc. 
 
 (7) superior city courts: 
 seals, files and records of, 93. 
 
 (8) court for the trial of impeachments: 
 a court of record, 2. 
 
 general rules not binding on, 17. 
 jurisdiction, general, continued, 4. 
 
 (9) county courts: 
 are courts of record, 2. 
 
 always open for ex parte business, 355. 
 
 place of holding, 238, 355, 356. 
 
 accounting to, by district attorney for i-ecognizances, etc., 
 
 1968. 
 appeals from, 1311, 1840-1345, 1855, 1357-1361; see Appeals. 
 appeals to, from justices' courts, generally, 3044-3073, 8095, 
 
 3102-3106, 3113. 
 application to, for exemption from arrest, 3188. 
 
 for discharge from imprisonment, 2178. 
 application of provisions of code, 8343. 
 
 in Albany and Troy, 8213 
 calendars, printing, 19, 20. 
 discharge of levy on appeal, power as to, 1311. 
 interpreters in Kings county, 360. 
 
 appointment and oath, 360. 
 judges of, see Couxty Judges. 
 judgments of justices' courts, when are, 8019. 
 
 surrogate's decree enforced as, 2554. 
 jurisdiction of, generally, 840, 3343. 
 
 of actions, enumerated, 340. 
 
 as to amount, 340. 
 
 of incompetent persons, etc., 340. 
 
 when co-extensive with supreme court, 348. 
 
 after answer of title in justice's court, 2953. 
 
 of issues from surrogate, 2547, 2588. 
 
 of corporations, residence, 341 . 
 
 and powers as to accounts of district attorney, 1967, 1968. 
 
 of action to foreclose lien on chattels, 1737-1739. 
 
 as to authorizing action on undertaking, 814. 
 
 as to authorizing partition of land of infants, lunatics, etc., 
 1590-1593. 
 
 as to changing names of persons, 3410 ; see Names. 
 
OF CIVIL PROCEDURE. Ill 
 
 [References are to Sections.] 
 
 Courts — Continued. 
 
 jurisdiction of, as to discharging prisoners, 353, 2188, 3301. 
 
 as to insane persons, 3320-2344; see Incompetents. 
 
 as to insolvency proceedings, 2150, 3188, 3301. 
 
 concerning money paid into court, 747, 748. 
 
 concerning receivers, 713-716. 
 
 as to suspension of lien on appeal, 1256-1258. 
 
 as to discharge of insolvent, 3150. 
 
 concerning trustees of prisoner, 3319-3330; see Convict. 
 
 as to remission of fines, 350-353. 
 jurors in, how drawn, 357, 1043-1060. 
 
 fines for non-attendance, 1073-1078. 
 
 see also Trials. 
 orders in, who may take, 354, 355, 773. 
 new action in, after answer of title in justice's court, 3953. 
 place of holding, 338. 
 
 prescribing rates of board for prisoners, 115. 
 powers of, like supreme court, when, 241, 348, 349. 
 
 outside of the county, 347. 
 
 nee jiirisdiotion of, supra. 
 process valid outside of county, 347. 
 removals from, to supreme court, 318, 843-344, 346. 
 
 for judge's incapacity, 343. 
 
 stay pending, 345. 
 
 order of, effect, 344. 
 appeal from, 344. 
 
 existing process, etc., preserved, 346. 
 removal to, from mayor's court of city of Hudson, 3200. 
 seal of, 27. 
 stenographers, appointment, 358, 859, 361. 
 
 compensation, 361. 
 
 in Kings county, 359. 
 
 in certain counties, 361. 
 terms of, number per year, 855. 
 
 judge's discretion, 855. 
 
 place designated, 355. 
 
 publication of, 356. 
 
 proceedings at, 3843. 
 trials in, of issues from surrogates' courts, 3549, 3588. 
 see also Counties; County Judges. 
 (10) court of chancery : 
 
 of England, how far supreme court is possessed of its powers, 
 217. 
 
112 INDEX TO NEW YORK CODE 
 
 [Referencea are to Sections.] 
 
 Courts — Continued. 
 
 limitations of actions, 383. 
 
 references in, 827. 
 
 wills proved before, 3633. 
 
 (11) in New York city and county : 
 
 (a) court of common pleas, and superior court: 
 
 seals, files and records of deposited with county clerk, 93. 
 (6) city court of the city of New York: 
 a court of record, 2. 
 jurisdiction of, 4, 315. 
 
 removal to, of certain actions, 3316. 
 
 action for change of name, 2414. 
 
 on money demand, 315, 316. 
 
 chattels, 315. 
 
 liens on chattels, 315, 1737. 
 
 mechanics' liens, 315. 
 
 on confession of judgment, 315. 
 
 limitation of, 316. 
 special jurisdiction, marine, 317. 
 
 limitation of, 317. 
 no power to naturalize, 318. 
 costs in, 3351, 3355. 
 
 security for, 3368, 3369. 
 actions, removal from, 318, 319. 
 orders by, for leave to prosecute bond, 814 
 certain sections applicable to, 319, 3347 
 see County Courts. 
 justices, duties of, 320. 
 number of, 330. 
 
 attendance of, when obligatory, 320. 
 governor may suspend, how, 331. 
 
 efifect of, 331. 
 warrants from, to seize chattels, 1738. 
 chief justice of, 323. 
 
 designation of, certificate to be filed, 323. 
 authority of, 322. 
 practice, rules of, 333. 
 general, special and trial terms, 824. 
 
 for ex parte business, 324. 
 terms of court, designations for, 334. 
 inability of judge to sit, 334. 
 general term, how constituted, 324. 
 terms, where held, 325. 
 
OF CIVIL PROCEDURE. II3 
 
 [References are to Sections.] 
 
 Courts — Continued. 
 
 re-argument, when held, 324. 
 
 publication of appointments, 325. 
 
 oaths, depositions, etc., power of justices as to, 326 
 
 orders by justice only, 337. 
 
 no other officers to act, 337. 
 
 clerk, deputy, etc.: 
 
 docket-books kept by, 1245, 1346. 
 
 powers as to entering of judgments by confession, 1275. 
 
 appointment and removal of clerk, 338. 
 
 suspension of clerk, 337. 
 
 responsibility for deputies, etc., 328. 
 power of appointment of, etc., 339. 
 oath to be filed, 339. 
 
 deputy clerk, powers of, 329. 
 
 special deputy clerk, 330. 
 power of, 330. 
 
 regulation as to fees, 381, 3303. 
 
 clerk must report, 831. 
 
 compensation dependent on, 331. 
 
 not to be referee, 90. 
 exception, 90. 
 
 privilege from arrest, 505. 
 attendants: 
 
 to be furnished by municipal assembly, 31. 
 
 not to practice as attorneys, 62. 
 
 clerk to appoint, 335. 
 
 removal, 885, 387. 
 
 attendance by, 335. 
 
 salary, 335. 
 
 fees other than salary prohibited, 336. 
 
 privilege from arrest, 565. 
 interpreter: 
 
 clerk to appoint, 338. 
 
 removal, 833, 387. 
 
 oath to be filed, 883. 
 
 duty to attend, 333. 
 
 false interpretation made perjury, 334. 
 
 privilege from arrest, 565. 
 justice, power to suspend officers, 337. 
 
 period of suspension, 337. 
 
 revocation of, 387. 
 
 effect, 837. 
 
114 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Courts — Continued. 
 stenographers: 
 
 appointment and removal of, 333, 337. 
 
 duty of, 333. 
 
 privilege from arrest, 565. 
 mandates: 
 
 run within city, 338. 
 
 exceptions: 
 
 subpoenas to what counties, 338. 
 warrants and orders, 338. 
 direction to and execution by sheriff, 389. 
 by marshal, fees of, 339. 
 code of civil procedure, how far applicable, 8159, 3160. 3347. 
 
 certain sections inapplicable, 3160. 
 resident of city, who deemed to be, 3160. 
 note of issue, 3163. 
 
 notices in actions, time for service of, 3161. 
 trial, notice of, 3163. 
 issue, note of, regulations as to, 8163. 
 
 exception, 3163. 
 release of party from jail when sick, 3163. 
 
 regulation as to, 3163. 
 paj'ing money into court, 3164. 
 
 to whom paid, 3164. 
 
 investment of, 746. 
 special provisions in actions in, 3165-3194. 
 
 summons, time to answer, 3165. 
 
 when may be shortened, 3165. 
 order in such cases, 3165. 
 undertaking on, 3165. 
 
 service without the state, etc., regulated, 3165-3170. 
 
 pleadings, time to serve, 3166. 
 working woman's judgments in, 3167, 3331. 
 bail, non-acceptance of, 3168. 
 
 notice of justification as to, 3168. 
 
 sureties, notice of exception, 3168. 
 time to serve various notices in, 3161, 3165-3168. 
 attachment in, affidavit on, 3169. 
 publication, service by, regulations, 3165-3170. 
 
 certain sections of code apply to, 3170. 
 
 residence out of city, cause for, 3170. 
 depositions out of city, 3171 . 
 
 code provisions modified, 3171. 
 
OF CIVIL PROCEDURE. II5 
 
 f References are to Sections.] 
 
 Courts — Continued. 
 
 subpoenas to certain counties contiguous to New York, 
 
 a38. 
 orders, certain run throughout state, 338. 
 references in, 3172. 
 decision to be filed, 3173. 
 what to direct, 31 73. 
 special decision, 3173. 
 counterclaim in, regulated, 3174. 
 amount of, not limited, 3174. 
 perishable property, may be sold, 3175. 
 judgment on counterclaim, 3174. 
 judgment, remission of part, 3176. 
 provisions as to certain marine causes, 3177-3187. 
 assault at sea, 317. 
 arrest for, 3177. 
 
 rules to be made as to, 3177. 
 
 discretion as to undert.aking, 3177. 
 
 order upon arrest, 3178. 
 
 order of, must require defendant to answer, 3178. 
 
 summons must conform to, 8178. 
 
 proceedings upon, 3179. 
 
 papers to be served upon, 3179. 
 
 prisoner to be produced at chambers, 3179. 
 
 place of confinement, 3179. 
 bail or deposit, 3180. 
 
 regulations as to, 3180. 
 
 justification of sureties on giving, 3181. 
 
 disposition of money deposited as, 3181. 
 
 sheriff's rights and duties on taking, 3181. 
 
 bail after return, 3183. 
 
 justice to appi-ove undertaking, 318'2. 
 
 condition of, 3182. 
 
 statute applicable to, 3182. 
 
 where no bail, defendant to remain in jail, 3183. 
 
 to be brouglit into court when, 3183. 
 return of sheriff, 31S4. 
 
 to be made at chambers, 3184. 
 
 time of, 3184. 
 
 duty of justice upon joinder of issue, 3185. 
 
 pleadings, form of, 3185. 
 
 issue to be tried by court, 3185. 
 
 jury trial upon demand, 3186. 
 
Il6 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Courts — Continued. 
 
 trial, regulations as to, 3186. 
 
 jury trial, directions as to, 3186. 
 trial without jury, 3186. 
 time of appointing trial limited, 3186. 
 adjournment of, limited, 3186. 
 jurisdiction not exclusive, 3187. 
 appeals to general term: 
 
 from judgment, when appeals can be taken, 3188. 
 from orders, 3189. 
 time of, 3190. 
 copy of judgment or order served with notice of, 3190. 
 provisions, certain, apply to appeals, 8190. 
 appeals to supreme court, 3191. 
 
 from final judgments at general term, 3191. 
 
 certain provisions as to levy after, 1311. 
 
 from order granting new trial, 3191. 
 
 stipulation of defendant upon, 3191. 
 
 from orders as to provisional remedy, 3191. 
 
 from order determining action, 3191. 
 
 appellate division to appoint justices to hear appeals, 3191. 
 
 general provisions governing, 8193. 
 
 exception as to certain, 3193. 
 within what time, 3193. 
 remittitur upon affirmance of order granting new trial, 
 
 3194. 
 judgment absolute, proceedings as to, 8194. 
 appeals to court of appeals in what cases, 191. 
 (c) district courts of the city of New York, Justices' courts of 
 
 Albany and Troy, 3307-8314. 
 are courts not of record, 8. 
 provisions generally applicable to, 3307-3214. 
 cases on contract in, 3307. 
 summons and complaint, service of, 8208. 
 not by party, 3208. 
 
 in New York city, person not a marshal must be depu- 
 tized, 3308. 
 requisites of proof in case of, 8308. 
 actions, how commenced, 3209. 
 habeas corpus for witness in, 2010, 3011. 
 provisional remedies, provisions applicable to, 3310. 
 in New York city, modified in certain cases, 3311 
 provisions in respect to qualified, 3311. 
 
OF CIVIL PROCEDURE. II7 
 
 [References are to Sections.] 
 
 Courts — Continued. 
 
 replevin in, provisions as to, 3210, 3211. 
 answer of title, provisions in reference to, 3313. 
 liability of surety, extent of, 3313. 
 appeals, how talien, 3313. 
 
 when to court of appeals, 191. 
 from New York city courts to supreme court, 3318. 
 costs on, see Costs. 
 certain provisions of law not affected, 3314. 
 exception, 3314. 
 jurors in, 1111. 
 provisions exclusively applicable to the district courts in New 
 
 York city, 3315-3232. 
 jurisdiction, 3215. 
 
 actions of which justices of the peace have jurisdiction, 
 
 3215. 
 corporations, 3215. 
 limited as to amount, 3215. 
 to recover certain penalties, 3315. 
 
 limitation, 3215. 
 certain actions on behalf of the people, 3315. 
 upon marshal's bond, 3815. 
 removal of actions to city court, 3316. 
 
 provisions regulating clerk's duties upon, 3316. 
 order of arrest in certain cases, 3217. 
 what to direct, 3218. 
 sections of code applicable to, 3218. 
 arrests, how governed by certain enactments, 3318. 
 summary proceedings in, 3234, 2239, 2344, 3346. 
 undertaking on attachment, 3219. 
 amount of, fixed, 3219. 
 when without sureties, certain facts to be stated, 
 
 3219. 
 on arrest, certain facts to be stated in, 3319. 
 judgments of, docketing, 3830. 
 
 code provisions applicable, 3330. 
 clerk of district court to issue transcript of, 3330. 
 execution may issue to marshal, 3330. 
 or to sheriff, 3820. 
 form of, 3830. 
 working women's judgments, 3331. 
 
 when under |50, no property exempt, 3231. 
 body execution upon, 3331. 
 
Il8 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Courts — Continued. 
 
 jail liberties not allowed upon, 3221. 
 
 time of imprisonment, 3231. 
 
 effect of discharge from, 3221. 
 
 costs in, 3223. 
 (d) of general sessions: 
 a court of record, 2. 
 jurisdiction, 4. 
 
 (12) of special sessions: 
 
 deemed courts not of record for certain purposes, 3. 
 fines by, remission by county court, 853. 
 jurisdiction, continued generally, 4. 
 
 (13) city courts : 
 
 of Albany, see Albany, City op. 
 
 of New York city, see (11) (a), supra. 
 
 of Hudson, see Hudson, City of. 
 
 of Oswego, see Oswego, City op. 
 
 of Utica, 3196-3202; see Hudson, City of. 
 
 of Long Island City, 2. 
 
 of Rochester, 3226, 3227; see Rochester, City of. 
 
 of Yonkers, see Yonkers, City of. 
 
 see also City Courts. 
 
 (14) justices' courts : 
 see Justices' Courts. 
 
 (15) police courts and justices : 
 see Police Courts. 
 
 (16) court of claims : 
 is a court of record, 2. 
 appeals from, 275. 
 
 case on, 277. 
 
 preference on, 278. 
 
 time and manner of taking, 276. 
 constituted, 363. 
 
 costs and allowances not to be taxed, 274. 
 duty of attorney-general and superintendent of public works, 
 
 270. 
 expense of procuring testimony on commission, 272. 
 judgments, 269. 
 jurisdiction, 264. 
 officers, 266. 
 
 annual report to comptroller, 273. 
 report of record of proceedings, 271. 
 rules of procedure, 265. 
 
OF CIVIL PROCEDURE. II9 
 
 [References are to Sections.] 
 Courts — Continued. 
 salary of judges, 279. 
 
 of officers, 380. 
 seal, 267. 
 sessions, duty of sheriff, 268. 
 
 Covenants: 
 
 limitations of actions on, 381. 
 
 Credit: 
 
 false statement as to, attachment for, 636. 
 
 Creditors: 
 
 see also Judgment Creditor. 
 acts done to delay, hinder or defraud: 
 a ground for attachment, 636. 
 in action for, defendant not excused from verifying 
 
 answer, 529. 
 actions for benefit of, publication of notices in, 786. 
 of corporations: 
 
 may maintain action for dissolution, 1786. 
 
 may be enjoined from suing corporation pending action 
 
 for dissolution, 1806. 
 may be made parties in such action, 1807. 
 must be served with order in proceedings for a volun- 
 tary dissolution, 2425. 
 see also Receivers. 
 of decedent: 
 
 actions by, 393, 1833, 1834, 1831, 1836, 2718, 2745; see 
 
 Legatees, Etc. 
 actions by, against legatees, heirs and next of kin, see 
 
 Legatees, Etc. 
 appeals by, 2569. 
 application by, to compel temporary administrator to 
 
 make deposit, 2679. 
 application by, to compel executor to file inventory, 2716. 
 bond of executors, etc., fixed by amount of claims of, 
 
 2667, 2699. 
 citations to, from surrogates' courts, 2643, 2644, 3663. 3665, 
 
 3698, 2729, 2731, 2732. 
 counterclaims by, against executors, 506. 
 grant of letters of administration to, 2643. 
 leave to, to issue execution, 1380, 1381, 1835, 1836, 2552, 
 
 2723. 
 
I20 INDEX TO NEW YORK CODE 
 
 [References are to Sections. J 
 
 CFeditors — Continued. 
 
 notice to, to present claims, 1822, 1836, 3667, 2673, 3718. 
 payment of, 2552, 2700, 2718-3720, 2733, 3733, 3743, 3743, 
 
 3745, 3749-3801. 
 action by, against executor, pendency of action in, effect 
 
 of, 2751. 
 not cited may contest settlement of account of testa- 
 mentary trustee, 2810. 
 petition by, for revocation of letters, 2685. 
 petition by, for settlement of executor's account, 2733, 
 
 3736, 2737. 
 on proof of existence of, letters when to issue to public 
 
 administrator, 3665. 
 sale of real propei-ty for payment of, 2749-2801; see 
 
 Executors, Etc. (14) 
 temporary administrator to protect rights of, 2668. 
 defined, 3514, sub'd 3. 
 may notify debtor to apply for discharge from imprisonment 
 
 on execution, 2316. 
 notice to, of appointment of receiver in supplementary pro- 
 ceedings, 2465. 
 rights of, under extension of former receivership, 2466. 
 in insolvency proceedings, 2149-3187, 3316, 3217. 
 
 see Insolvency. 
 judgment creditor defined, 3343, sub'd 14. 
 
 action by, see Judgment Creditor's Action. 
 may appear on accounting in surrogate's court although not 
 
 cited, 3738. 
 on judgments, see Judgment, Etc.; Judgment Creditor's 
 
 Action ; Supplementary Proceedings. 
 liens of, see Liens. 
 
 parties to action for partition, 1539, 1540. 
 of prisoner, 3319-2330 ; see Criminals' Property. 
 redemption by, from execution sale, 1449, 1478. 
 see Redemption. 
 see also Debtor and Creditor. 
 
 Crier: 
 
 appointment and removal of, 91. 
 exception as to Kings and Erie counties, 91. 
 compensation, 91, 
 
 need not attend term adjourned to chambers unless judge 
 orders, 339. 
 
OF CIVIL PROCEDURE. 121 
 
 [References are to Sections.] 
 
 Crier — Continued. 
 
 not to practice as attorney, 63. 
 sheriff or constable as, 93. 
 
 at appellate division, 243. 
 see also Courts. 
 
 Crimes, Criminal Actions: 
 
 attorneys, disbarment for, 67-69. 
 
 arrest and bail for, see Arrest; Bail. 
 
 bringing persons charged with, before the court, see HABEAS 
 
 Corpus. 
 disqualified by conviction of : 
 
 as administrator, 2613, 2661. 
 
 not as witness, 832. 
 imprisonment for, effect on limitations, 375, 396, 1291. 
 
 security for costs during, 3368, 3369. 
 person confined for, bringing up to testify, 3008, 2014. 
 see Habeas Corpus. 
 
 prisoners charged with, how confined, 133. 
 property of persons imprisoned for, care of, 3219-2330. 
 see Criminals' Property. 
 punishment of, by what law regulated, 3346. 
 witness not compelled to give evidence which will tend to 
 
 accuse himself of, 837. 
 criminal actions: 
 
 continuance of, 45. 
 
 quasi criminal, 1893-1898, 1961-1968, 2293-2301. 
 
 see Fines, Etc. 
 
 defined, 3336. 
 
 effect of code upon, 3350-3352. 
 
 pleadings in civil actions, when not proof in, 533. 
 
 civil action not merged in, 1899. 
 
 oflicers of corporations not excused from answering in 
 certain cases because answer will expose them to, 1805. 
 same as to defendant, 529. 
 
 when husband and wife competent witnesses in, 
 831. 
 
 when not, 831. 
 
 jurisdiction, 2863. 
 
 effect of code on trial jurors in, 3350. 
 
 effect of code on grand jurors in, 3351. 
 
 depositions without the state, for use in, 914-920. 
 
 see Depositions. 
 
122 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Crimes, Criminal Actions — Continued. 
 as preferred causes, 790. 
 appeals in, see Appeals. 
 provisions as to certiorari in civil cases not applicable in, 
 
 3148. 
 trial of, may be continued beyond term, 45. 
 review by certiorari, 2130, 3148. 
 application of certain sections of this code, 3347. 
 see Cbiminal Peooeedinos; Criminal Prosecution. 
 
 Criminal Code: 
 
 defined, Statutory Cons. Law, 39. 
 
 Criminal Contempt, see Contempt. 
 
 Criminal Conversation: 
 
 included under personal injuries, 3348, sub'd 9. 
 actions for, jurisdiction of, 2863, 3815, 3333. 
 
 public may be excluded from trial of, 5. 
 
 limitations of, 384. 
 
 wife as witness in, 831. 
 
 costs, 3338. 
 
 joinder, 484. 
 
 Criminal Proceedings: 
 
 on irregular commitment, 3035. 
 
 answer in supplementary proceedings not to be used in, 3460. 
 
 see Crimes, Criminal Actions. 
 
 Criminals' Property: 
 
 trustee to be appointed, 2219. 
 
 when, and by what court, 3819. 
 
 who may apply, 2220. 
 
 creditor must relinquish security, 3821. 
 
 petition for: 
 
 contents, 2223. 
 
 copy of sentence annexed, 3333. 
 
 proceedings upon petition, 2284. 
 
 proceedings upon order, 2225. 
 
 effect of order appointing, 3336. 
 
 removal of, 3327. 
 how applied, 2228. 
 
 to be delivered on prisoner's discharge, 2229. 
 application of code, 2230. 
 insane, see Incompetents. 
 
OF CIVIL PROCEDURE. 123 
 
 [References are to Sections.] 
 
 Criminal Prosecution: 
 
 not merged in civil, 1899. 
 
 when, cannot be maintained for libel, 1907. 
 
 for offense created by code, 3346. 
 
 Crops: 
 
 right to growing, 1441, 2713. 
 
 Cross-actions, see Actions. 
 Cross-examination, see EvrosNCE. 
 Cross-interrogatories, see Depositions. 
 
 Cruel and Inhuman Treatment: 
 
 as a ground for separation, 1763. 
 
 Curator of Incompetents: 
 
 see Committee. 
 
 Current Account: 
 
 when cause of action on accrues, 386. 
 
 Curtesy: 
 
 tenancy by, 1538, 1539. 1553, 1759. 
 tenant by, liable for waste, 1651. 
 
 Custodians for Public Funds: 
 
 conversion by, 549, 637, 789, 1969-1976. 
 see Actions (9); Payment. 
 
 Custody: 
 
 of securities in surrogates' courts, see Surrogates, Etc. 
 
 of children in matrimonial actions, 1771 ; see Children ; 
 
 Divorce. 
 of prisoner, 2037, 2063; see Jails. 
 
 Damages: 
 
 against officers for taking unlawful fees, 3282. 
 recusant witness, 853, 855. 
 
 in justices' courts, 2979. 
 sheriff, for confining prisoner iu unlawful manner, 125. 
 
 for improper return, 102. 
 trustee or owner of particular estate holding over, 1664. 
 usurper of office, 1953. 
 widow fraudulently recovering dower from infant, 1605. 
 
124 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Damages — Continued. 
 
 rate of, not changed by code, 1208. 
 
 assessment by jury, 1183, 1184. 
 
 assessment of, on remittitur, 194. 
 
 on default, liow assessed, 1215. 
 
 set off against, in ejectment, 1531. 
 
 pleading in mitigation of, 508, 535, 536. 
 
 defaulting witnesses in justices' courts, liable for, 2979. 
 
 in otlier courts, 853, 855. 
 special, for slander of woman, 1906. 
 limitations in action for, 3S2-385. 
 
 in certain actions to recover, order of arrest may issue, 549. 
 title to, in certain actions vested in state, 1972. 
 caused by animals trespassing, 1724, 3086, 3109. 
 
 security for, by arrest, 559. 
 by attachment, 640. 
 by injunction, 616, 617, 620, 623-625. 
 
 by delay in court of appeals, 3251. 
 double or treble, how and when awarded, 1020, 1184 
 
 costs on recovering, 3257. 
 
 for bringing suit without authority, 1900, 1901. 
 
 against attorney for deceiving court, 70, 71. 
 for misconduct to client, 70, 71. 
 
 for arrest of witness, 863, 864. 
 
 for taking unlawful fees, 3282. 
 
 for trespass, 1667-1669. 
 
 for cutting trees, 1668. 
 
 for forcible entry and detainer, 1669. 
 
 for waste, 1655, 1656. 
 
 partition and single damages in certain cases, 1658. 
 
 for unlawful mode of confining prisoners, 135. 
 
 for malicious seizure of animals, 3096. 
 excessive, motion to set aside verdict for, 999, 1003. 
 for death caused by negligence, 1903-1904. 
 of person wrongfully evicted after discovery of death of 
 
 tenant for life, 2318. 
 for deterioration in value of chattel, 1723. 
 for false representations, see Fraud. 
 for forcible ejectment, 1669. 
 for lands and easements taken : 
 
 by state, see Assessment of Damages. 
 
 by United States, 2119. 
 
 see also Condemnation Law. 
 
OF CIVIL PROCEDURE. 12$ 
 
 [References are to Sections. 1 
 
 Damages — Continued. 
 
 for maintaining action in name of another, 1900, 1901. 
 for malicious injury of property, see Injury. 
 for malicious seizure of animals, 3096. 
 for misconduct of attorneys, 70, 71. 
 for nuisance, 1663. 
 for setting animals at large, 3099. 
 for withholding dower, 1600, 1603. 
 for withholding property, 2710. 
 
 in actions to compel determination of claim to real property, 
 1644. 
 for lines, penalties and forfeiture, 1966. 
 
 see Bonds; Fines, Etc.; Eecognizances; Undertak. 
 
 INGS. 
 
 to recover chattels, 1733, 1726, 1727, 1739, 1780. 
 in justices' courts, 2931. 
 
 against trustees, etc., holding over without consent, 
 1664. 
 
 for penalties, when part only may be recovered, 1898, 1964. 
 
 on penal bond, 1915. 
 offer to assess, at specified sum, 736, 737. 
 on dispossession, 3363. 
 on ejectment, 1496, 1497, 1531. 
 
 set off against, 1531. 
 on order for peremptory mandamus, 2088. 
 on recognizance, 1966. 
 to recover public funds, 1969. 
 undertakings for, see Undertakings. 
 see also Actions; Assessment of Damages; Fines, Etc. 
 
 Day: 
 
 defined, Statutory Cons. Law, 37. 
 
 day time, certain acts to be done in the, 3710. 
 
 see also Holidays; Saturday; Sunday; Time. 
 
 Death: 
 
 effect of, on rights of action; see Abatement and Revival; 
 Survival. 
 
 on bail, 601. 
 
 on Mmitations, 391, 393, 402, 403, 405. 
 
 on homestead exemption, 1400, 1403. 
 place of, jurisdiction dependent on, 2476. 
 presumption of, 841, 3310. 
 
126 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Death — Continued. 
 
 action for causing, by negligence: 
 who may bring, 1903. 
 who liable, 1902. 
 time limited, 1902. 
 damages, amount of, 1904. 
 interest to be added, 1904. 
 for whose benefit, 1903. 
 expenses of collecting, etc., 1903. 
 meaning of " next of kin," 1905. 
 see Negligence. 
 of agent returning deposition on commission, 905. 
 of attorney, 65, 1302. 
 of debtor charged in execution, 1493. 
 of coroner, etc., after sale under execution, conveyance, how 
 
 obtained, 1478. 
 of executor or administrator, 2693, 3770. 
 of habitual drunkard, etc., 3344. 
 of officer or tmstee, 766. 
 action not to abate because of, 755-766. 
 of incompetent, generally, 3344. 
 of judgment creditor, 1376. 
 
 of judgment debtor, 1384-1287, 1379-1381, 1383, 1493. 
 of judges, 52, 53. 
 of justice of the peace, 940, 3052, 3056. 
 
 demand of books and papers upon, 3146, 3147. 
 of life tenant, inquiry as to, 2303-3319; see TENANT, 
 of lunatic, discharges committee, 3344. 
 of notary, proof of protest, etc., after, 924. 
 of officer, 750, 766. 
 of party: 
 
 effect as to arbitration , 3383. 
 
 continuance of action, 757, 759. 
 
 after verdict, 763, 764. 
 
 before verdict, 765. 
 
 as to appeal, 785, 1296, 1397. 
 
 evidence of personal transactions, etc., 839, 
 
 as to exoneration of bail, 601. 
 
 in action for chattel, 1736. 
 
 testimony taken at former trial, 830. 
 
 effect upon bail, 601. 
 
 when action not to abate, 755. 
 
OF CIVIL PROCEDURE. 1 27 
 
 [References are to Sections.] 
 
 Death — Continued. 
 
 proceedings when part of action survives, 759. 
 bringing in new parties by amendment, 760. 
 cross-action, 760. 
 abatement, 761. 
 exceptions, 762. 
 proceedings on, in partition, 1588. 
 pending appeal, eflfect of, 1398. 
 judgment entered after, 763, 1210. 
 
 but not on confession 1275. 
 in partition suit, 1588. 
 in ejectment suit, 1521-1523. 
 motion to set aside judgment after, 1284. 
 see also Abatement and Revival; Substitution. 
 of person appointed to sell real property, 1477, 1478. 
 in action against indemnitors, 1421, 1422. 
 application of certain sections relating to appeals in surro- 
 gates' courts, 2575. 
 of person entitled to sheriff's deed, 1473. 
 of person in custody under execution, new execution against 
 
 property, 1493. 
 of sheriff, 1388, 1475. 
 of stockholder in association, 1920, 1931. 
 of stenographers, 87. 
 of surety, 1432. 
 of witness to deposition, 882. 
 of witness to will, 2619, 2620. 
 
 see Executors, Etc., Heirs; Relationship; Surrogates, 
 Etc.; Wills. 
 
 Death Penalty: 
 
 habeas corpus to bring up person sentenced for, 2011. 
 
 De Bene Deposition, see Depositions. 
 
 Debtor and Creditor: 
 
 (1) debts: 
 
 ascertainment of decedent's, 2718, see Executors, Etc. 
 
 defined, 2514, sub'd 3. 
 
 evidences of: 
 
 of corporations, actions on , 1778. 
 
 levy on, 649, 1411. 
 see also Bills, Etc. 
 interest on, see Interest. 
 
128 INDEX TO NEW YORK CODE 
 
 [References are to Sections ] 
 
 Debtor and Creditor — ConWnwed. 
 
 retaining money on accounting in surrogates' courts to ccer, 
 
 2745 
 locality of, 2478. 
 
 preferred, 1845, 1835, 2b64, 2719; see Peefeeence. 
 judgment for, see Judgment, Etc.; Judgment Ceeditoe's 
 
 Action; Supplementary Proceedings. 
 collection by sheriff on attachment, 655. 
 on bill or note, see Bills, etc. 
 on sealed instruments, see Bonds. 
 secured by lien, see Liens ; Mechanics' Liens. 
 secured by mortgage, see Chattel Mortgages; Mortgages. 
 of corporations: 
 
 account of, 1794, 1795, 3431, 2430. 
 actions on, 1778. 
 
 liability for, see Directors, Etc. ; Stockholders. 
 see also Receivers. 
 petition to compel payment, 3723. 
 decree for payment, 3733. 
 of decedents, to executors, 2719. 
 to decedent, not discharged by appointment as executor, 
 
 2714. 
 discharge of, by will, 2714. 
 due testamentary trustee, may be proved on a settlement of 
 
 account, 2811. 
 executor's bond fixed by, 3699. 
 payment of, of decedent, 3552-2555, 3674, 2701, 3717-2719, 
 
 3743. 
 
 petition for, 3723, 2804, 2806. 
 sale of real property for, 1845, 3749-2801; see Executors, 
 
 Etc. (14). 
 power of surrogates to enforce payment of, 3473; see EXE- 
 CUTORS, Etc. 
 inventory of, see Inventory. 
 locality of, as conferring jurisdiction, 2476. 
 of municipal corporations, see Bonds ; Municipal Law. 
 to state, when imprisoned debtor not discharged, 3318. 
 to United States, see United States. 
 discliarge of, see Insolvency. 
 (3) debtors : 
 
 insolvent, see Insolvency ; Supplementary Proceedings. 
 arrest and discharge of, in justices' courts, 3083-3037; see 
 
 Justices' Courts (11). 
 
OF CIVIL PROCEDURE. I29 
 
 [References are to Sections.] 
 
 Debtor and Creditor — Continued. 
 joint, see Joint Debtors. 
 (3) creditors: 
 defined, 2514, sub'd 3. 
 
 acts done to delay, hinder or defraud, 636, 2430; see Feaud. 
 discharge of debts by will, when void as to, 2714. 
 parties to partition suit, 1539. 
 redemption by, see Redemption. 
 
 in supplementary proceedings, 3432. 
 of corporations, 1782, 1784, 1806, 1807, 2423. 
 of decedents : 
 
 actions by, 392, 1822, 1824, 1830. 1837-1870, 3718; see 
 
 Legatees, Etc. 
 appeals by, 3569. 
 
 application by, to compel deposit, 2679. 
 to compel executor to account, 3727. 
 to compel filing of inventory, 2716. 
 to compel payment of claim, 2722. 
 for revocation of letters, 2685. 
 appraisal in presence of, 2711. 
 citations to, 2643, 2663, 2698, 3738; see Citation. 
 may counterclaim against executors, 505. 
 grant of letters to, 3643, 2660. 
 leave to, to issue execution, 1380, 1381, 1825, 2554. 
 notice to, to present claims, 1822, 1836, 3673, 2718. 
 see also Notice. 
 
 protection of, administration for, 3663. 
 of prisoners, 3220, 2322. 
 
 action by, against legatees, heirs, or next of kin, 1837-1860; 
 see Legatees, Etc. 
 
 Deceased: 
 
 executor, accounting by executor of, 2606. 
 witness, evidence of, on subsequent trial, 830. 
 see also Death. 
 
 Decedents' Estates: 
 
 see Executors, Etc. 
 
 actions to establish or impeach a will, 1861-1867; see Wills. 
 general provisions, 1868-1870. 
 
 sale of real property for funeral, etc., expenses, 2749-2801. 
 see Executobs, Etc. (14). 
 Deceit: 
 
 see Attorneys, Etc. ; Fraud. 
 9 
 
130 INDEX TO NEW YORK CODE 
 
 [References are to Sections.! 
 
 Decision: 
 
 by surrogate, 3545. 
 defined, 3343, sub'd 5. 
 death of party before, 765. 
 
 after, 763, 764. 
 damages awarded by, 1020, 1335, 1726-1739; see Damages. 
 upon demurrer, what to state, 1031. 
 facts and conclusions stated by, 1033, 3173. 
 of board or officer included under terms ' ' determination," in 
 
 certiorari, 3146. 
 of certain bodies, etc., reviewable by certiorari, 1716. 
 in certain condemnation proceedings, to be m writing, 3367. 
 in justices' courts, 3014; see Justices' Courts. 
 judgment directed by, 1031, 1033, 1303, 1338, 1330, 1331, 1335. 
 review of, see Appeals; Certioeaei. 
 in action for non-payment of rent, 1507. 
 filing, 1010, 1237, 3173. 
 publication of, 310, 211. 
 
 report of referee stands as, 1228; see also Reference. 
 when to be made in certain cases, 719, 1010, 2373, 3375, 3015, 
 
 3173. 
 in action for chattels, 1736-1729. 
 of court of appeals, to state reporter, 310, 214-316. 
 defects cured by, 731. 
 death after, 763. 
 none after death of party, 765. 
 surrogate's, 2545. 
 in city court of New York, 3173. 
 
 conclusions of law separate if demanded, 3173. 
 in action to annul marriage, 1754. 
 
 Declarations: 
 
 of party, not ground to annul marriage, 1753. 
 in evidence, see Evidence. 
 
 filed by corporations, see Certificates; and the titles of the 
 several corporations. 
 
 Decoration Day, see HoLiDAys. 
 
 Decree, see Judgment, Etc.; Sorrogates, Etc. 
 
 Deeds: 
 
 as evidence, 935-937, 946, 947. 
 
 appointing guardian, 2851-3860; see Guardian and Ward (3). 
 
OF CIVIL PROCEDURE. 13I 
 
 [References are to Sections.] 
 
 Deeds — Continued. 
 
 on execution sale, 1344, 1438-1441, 1471-1478, 3307; see Exe- 
 cutions. 
 
 on foreclosure sale, 2400. 
 
 on partition, 1577. 
 
 on sale of real property of decedent, 2776-3778, 3788-8784. 
 
 see also Acknowledgment; Conveyances; Real Property; 
 Recording Deeds, Etc. 
 
 Default: 
 
 on trial, 980. 
 
 proof of plaintiff's case upon, 1313-1319, 1545, 1753, 1757, 1774, 
 
 3903, 3988; see Judgment, Etc. (3). 
 damages, how fixed on, 1313, 1218, 1737, 1729. 
 in appearing or pleading, 419, 1213-1819, 1545, 1607, 1645, 
 1739. 
 
 in justices' courts, 8891, 2903, 3988, 3128. 
 judgment on, when and how entered, 430, 1212-1819, 1730. 
 
 entered on application to court, 419, 1314, 1316, 1317. 
 proceedings upon, 1215. 
 
 effect of, in ejectment, 1526. 
 
 costs in, in action to determine claim, 1645. 
 
 not to exceed amount demanded, 1207. 
 
 action on, 1913. 
 
 interlocutory, for admeasurement of dower, 1607. 
 
 in mechanics' lien actions, 3406. 
 
 in action to foreclose lien on vessel, 3426. 
 rights of infant where decree on collusive default of guardian, 
 
 1605. 
 mitigating circumstances, when may be proved after, 536. 
 notice of proceedings after, 1319. 
 opening, power of court, 724, 783, 2429. 
 
 by justices of the peace in Brooklyn, 3128. 
 in partition suit, 1545. 
 
 after substituted service, 445. 
 in justices' courts, when plaintiff to prove certain extrinsic 
 
 facts, 2903, 3988. 
 in action for determination of claim, 1645. 
 proceedings on subsequent, after payment into court of 
 
 amount due, 1635, 1636. 
 in matrimonial action, 1339, 1753, 1757, 1774. 
 of infant defendant, 1318, 1605. 
 see also Mistakes. 
 
132 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Defect of Parties: 
 
 as a ground of demurrer, 488. 
 
 Defects and Omissions: 
 
 what cured by verdict, 721, 727. 
 
 what cured by judgment, 721, 727. 
 
 certain, may be disregarded, 723. 
 
 what may be supplied, 723. 
 
 on appeal may be supplied, 1303. 
 
 certain provisions relating to, apply to surrogates' courts, 3538. 
 
 do not vitiate certiorari or habeas corpus, 2024. 
 
 in record, surrogate does not lose jurisdiction because of, 2474. 
 
 in proceedings on appeal from surrogate's court, how 
 
 remedied, 2574. 
 see Amendments; Mistakes. 
 
 Defendant: 
 
 defined, 1994, 3338, 3358. 
 
 who may be made, 447, 454. 
 
 when to join persons united in interest, 448. 
 
 when one may defend for all, 448. 
 
 when name unknown, 451. 
 
 effect of joinder, 455. 
 
 appointment of guardian for infant, see Infants. 
 
 where severally liable, 456. 
 
 jointly liable, action against, 457, 1932. 
 
 must answer within twenty days, 566. 
 
 within six days, 3166. 
 
 within two days, 3166. 
 
 within ten days, 3166. 
 bail or deposit by, 573; see BAIL. 
 
 surrender by, 591. 
 appearance by, when and how made, 421. 
 infant, must appear by guardian ad litem. 471. 
 only pleading of, is answer or demurrer, 487. 
 arrest of, when allowed, 548-555; see Aerest (2). 
 may have provisional remedies, on counterclaim, 720. 
 may demand change of venue, 986. 
 judgment against one, action continued against remainder, 
 
 1205. 
 in action for real property, who may be made, 1502, 1503. 
 severance of action against two or more, 1516, 1517. 
 substitution of, after succession to interest, 1523, 1528. 
 
OF CIVIL PROCEDURE. 133 
 
 [References are to Sections.] 
 
 Defendant — Continued. 
 
 new trial ou application of, in ejectment, 1525. 
 
 in partition, who to be, 1538-1540; see Partition. 
 
 in action of dower, who to be, 1597-1599; see Dower. 
 
 in foreclosure of mortgage, who may be, 1637; see Mortgages. 
 
 iu action to determine real property claim, corporation as, 
 
 1650. 
 in action for waste, 1651, 1653, 1656. 
 in action for nuisance, 1661. 
 in action by creditor against legatees, 1838; see Legatees, 
 
 Etc. 
 may file notice of pendency of action, 1678; see Pendency of 
 
 Action. 
 action to charge jointly indebted, not served with summons, 
 
 1937-1941. 
 composition by joint, 1942. 
 substituted service upon, in action to foreclose mechanics' liens, 
 
 3405. 
 death of; see Death. 
 
 Defense: 
 
 mitigating circumstances as, in certain cases, 535, 536. 
 to action on bond, for jail liberties, 169. 
 
 for attachment, 642, 665. 
 
 in replevin, 1735. 
 
 of official, 1884, 1889. 
 
 by bail, 599. 
 
 in mechanics' lien actions, determination of issues raised 
 by, 3403. 
 
 to recover chattel, 1733, 1724. 
 
 for escape, 168-171. 
 
 to claim by constable purchased for prosecution, 3189. 
 attorneys, when not to undertake, 78-81. 
 barred by statute of limitations, 866, 397, 412. 
 to claims against decedents, 2755-2757. 
 after default, when allowed, 445. 
 of champerty, etc., 3139. 
 by joint debtors, 1939, 1944. 
 improper joinder of parties not a, in action against carriers, 
 
 1945. 
 in mandamus proceedings, 2077. 
 
 by heir or devisee in actions against decedents' estates, 2755. 
 of title to real property, 866. 
 
134 INDEX TO NEW YORK CODE 
 
 [Referencea are to Sections.] 
 
 Defense — Continued. 
 
 opportunity to make, attorney under charges, 6&, 
 
 how pleaded, see Pleadings. 
 
 several, by defendant, 507. 
 
 partial, 508. 
 
 dilatory, verified, 513. 
 
 sham to be stricken out, 538, 2080. 
 
 under statute of limitations, see Limitations. 
 
 of vcant of jurisdiction, see Jurisdiction. 
 
 Deferred Causes: 
 
 see Pekferred Causes. 
 
 Defleleney: 
 
 in foreclosure of mortgage, 1627. 
 in action to foreclose mechanic's lien, 3416. 
 docketing, 3416. 
 
 Definite and Certain: 
 
 pleadings required to be made, 546. 
 
 Definitions: 
 
 acknowledge. Statutory Cons. Law, 15. 
 
 acknowledgment,. Statutory Cons. Law, 15. 
 
 acting surrogate, 3483. 
 
 action, 414, 3333, 3343, sub'd 20. 
 
 action of ejectment, 3843, sub'd 20. 
 
 affidavit, 3343, sub'd 11, Statutory Cons. Law, 14. 
 
 annulled (warrant of attachment), 3343, sub'd 1%. 
 
 appellant, 1295. 
 
 appoint, Statutory Cons. Law, 17. 
 
 assets, 2514, sub'd 3. 
 
 board, Statutory Cons. Law, 18. 
 
 body or officer, 2146. 
 
 bond, Statutory Cons. Law, 16. 
 
 boys. Statutory Cons. Law, 8. 
 
 chattels. Statutory Cons. Law, 4. 
 
 choose, Statutory Cons. Law, 17. 
 
 civil action. 3887, 3339. 
 
 civil code. Statutory Cons. Law, 39. 
 
 clerk, 3348, sub'd 4. 
 
 condemnation law, 8357. 
 
 contractor, 3398. 
 
 counterclaim, 501. 
 
OF CIVIL PROCEDURE. 135 
 
 [References are to Sections. 1 
 
 Definitions — Continued. 
 
 courts of records, see COURTS (2). 
 
 courts not of record, see COURTS (3). 
 
 creditor, creditors, 3514, sub'd 3. 
 
 criminal actions, 3336. 
 
 criminal code. Statutory Cons. Law, 29. 
 
 criminal contempt, 8. 
 
 day, Statutory Cons. Law, 27. 
 
 debts, 2514. sub'd 3. 
 
 decision, 3343, sub'd 5. 
 
 decree, 2550. 
 
 defendant, 1994, 3338, 8358. 
 
 determination, 2146. 
 
 distinct parcel, 3343, sub'd 16. 
 
 domestic corporation, 3343, sub'd 18. 
 
 ejectment, action of, 3343, sub'd 20. 
 
 elect. Statutory Cons. Law, 17. 
 
 final order, 2550. 
 
 folio, Statutory Cons. Law, 11. 
 
 following, Statutory Cons. Law, 10. 
 
 foreign corporation, 3343, sub'd 18. 
 
 funeral expenses, 2749. 
 
 gender. Statutory Cons. Law, 8. 
 
 general rules of practice, 17. 
 
 general verdict, 1187. 
 
 girls, Statutory Cons. Law, 8. 
 
 lialf-holiday. Statutory Cons. Law, 24. 
 
 half-year, Statutory Cons. Law, 25. 
 
 hereafter. Statutory Cons. Law, 9. 
 
 heretofore. Statutory Cons. Law, 9. 
 
 holiday. Statutory Cons. Law, 24. 
 
 idiocy. Statutory Cons. Law, 7. 
 
 improvement, 3398. 
 
 inheritance, 2514, sub'd 13. 
 
 injury to property, 3343, sub'd 10. 
 
 intermediate account, 2514, sub'd 9. 
 
 intestate, 2514, sub'd 1. 
 
 issues of law and fact, 963, 964. 
 
 judge, 3343, sub'd 3, Statutory Cons. Law, 6. 
 
 judgment, 1200, 3343, sub'd 20. 
 
 judgment creditor, 3343, sub'd 13. 
 
 judgment creditor's action, 3343, sub'd 14. 
 
 judicial departments, 219, 
 
136 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Definitions — Continued. 
 
 judicial settlement, 2514, sub'd 5. 
 
 judicially settled, 2614, sub'd 8. 
 
 laborer, 3398. 
 
 last. Statutory Cons. Law, 10. 
 
 leap year, Statutory Cons. Law, 25. 
 
 letters of administration, 3514, sub'd 5. 
 
 lienor, 3398. 
 
 lunacy. Statutory Cons. Law, 7. 
 
 majority. Statutory Cons. Law, 19. 
 
 mandate, 3343, sub'd 3. 
 
 material man, 3398. 
 
 meeting, Statutory Cons. Law, 19. 
 
 men. Statutory Cons. Law, 8. 
 
 mode of computing time. Statutory Cons. Law, 27, 38. 
 
 month. Statutory Cons. Law, 36. 
 
 motion, 768. 
 
 next. Statutory Cons. Law, 10. 
 
 next of kin, 1870, 1905, 2514, sub'd 13. 
 
 night-time. Statutory Cons. Law, 37. 
 
 notify, 3343, sub'd 19. 
 
 now. Statutory Cons.'Law, 9. 
 
 number. Statutory Cons. Law, 8. 
 
 oath. Statutory Cons. Law, 14. 
 
 order, 767, 3343, sub'd 20, 2556. 
 
 owner, 3114,3358, 3398. 
 
 parties to civil action, 3338. 
 
 person, persons, 3358, Statutory Cons. Law, 5. 
 
 person interested, 3514, sub'd 11. 
 
 personal injury, 3343, sub'd 9. 
 
 personal property, 2514, sub'd 13, Statutory Cons. Law, 4. 
 
 petit juror, petit jury, 3343, sub'd 19. 
 
 plaintiff, 3338, 3358. 
 
 preceding. Statutory Cons. Law, 10. 
 
 property, 713, Statutory Cons. Law, 3. 
 
 public improvement, 3398. 
 
 quarter-year. Statutory Cons. Law, 35. 
 
 quorum, Statutory Cons. Law, 19. 
 
 real property, 1430, 2514, sub'd 13, 3358, 3398, Statutory Cons, 
 
 Law, 3. 
 report, 3343, sub'd 5. 
 resident, 8160. 
 respondent, 1395. 
 
OF CIVIL PROCEDURE. 137 
 
 [References are to Sections.] 
 
 Definitions — Continued. 
 
 return of a citation, 2514, sub'd 10. 
 
 rules for practice, the general, 17. 
 
 seal, Statutory Cons. Law, 13. 
 
 signature. Statutory Cons. Law, 13. 
 
 special proceeding, 3334, 3343, sub'd 20. 
 
 special surrogate, 2483. 
 
 special verdict, 1186. 
 
 standard time. Statutory Cons. Law, 28. 
 
 state. Statutory Cons. Law, 23. 
 
 state writs, 1991. 
 
 sub-contractor, 3898. 
 
 suQimon, 3343, sub'd 19. 
 
 surrogate, 3514, sub"d 7, 3483. 
 
 swear. Statutory Cons. Law, 14. 
 
 tense. Statutory Cons. Law, 8. 
 
 territory, Statutory Cons. Law, 33. 
 
 testamentary trustee, 3514, sub'd 6. 
 
 time. Statutory Cons. Law, 28. 
 
 trial .juror, trial jury, 3343, sub'd 19. 
 
 trustee of an express trust, 449. 
 
 undertaking, Statutory Cons. Law, 16. 
 
 upon the return of a citation, 3514, sub'd 10. 
 
 village, Statutory Cons. Law, 23. 
 
 warrant of attachment, 3373. 
 
 wiU, 3514, sub'd 4. 
 
 women, Statutory Cons. Law, 8. 
 
 writing, Statutory Cons. Law, 12. 
 
 year. Statutory Cons. Law, 35. 
 
 Delay: 
 
 of creditors, see Debtor and Ceeditoh. 
 of attorney, 71. 
 
 of plaintiff, dismissal for, 573, 831, 822. 
 exception to undertaking for, 1335. 
 see also TIME. 
 
 Delivery: 
 
 of books, etc., to successor in office, 1951, 1953. 
 
 to a public officer, 3471a. 
 of copy of complaint, 479. 
 of notices, etc., see See vice of Papers; Time. 
 
138 INDEX TO NEW YORK CODE 
 
 [References are 10 Sections.] 
 
 Delivery — Continued. 
 
 of personal property, by trustees, 2329, 2804-3806. 
 
 limitation of action growing out of, 410. 
 
 ordered by court, 717, 718, 3415. 
 of real property, by order of court, 1675. 
 of undertaking, see Undertaking. 
 see also Deposit; Payment. 
 
 Demand: 
 
 against decedent's estate, see Debtor and Creditor (3). 
 
 of bill of particulars, 581, 3942. 
 
 of change of place of trial by defendant, 986. 
 
 of copy of complaint, 479. 
 
 failure to serve copy after, 480. 
 of judgment, complaint to contain, 481. 
 
 final and interlocutory, 482. 
 
 complaint in action to determine claim to real property, 
 1639. 
 
 in action for dower, 1649. 
 
 for return of chattel, 1735. 
 
 see Judgment, Etc. 
 limitations of actions after, 410. 
 of affirmative relief in judgment, when, 509. 
 on officer before suing bond, 1891. 
 when necessary before action on official bond, 1891. 
 of possession of animals seized, 3097, 8098, 3101, 3110. 
 or notice in summary proceedings, when, 2231. 
 see also Claims; Debtor and Creditor; Notice. 
 of payment of taxes or assessments, 2231. 
 of rent, 2331. 
 
 Demurrer: 
 
 see Pleadings (3). 
 
 Denial: 
 
 see Pleadings (5). 
 
 Departments: 
 
 judicial, 219, 225-331. 
 
 records of United States, evidence, 944. 
 
 see also Supreme Court. 
 
 Departure: 
 
 from state, see Arrest; Attachment. 
 
OF CIVIL PROCEDURE. 139 
 
 [References are to Sections.] 
 
 Deposit: 
 
 application of certain provisions concerning, 8347. 
 by co-executors or co-trustees, 3603. 
 in court, etc., 717. 718, 3537. 
 
 by redeeming creditor, 2357. 
 
 by party in action to foreclose mechanic's lien, 3413. 
 by executors, to reduce penalty of bond, 3595. 
 
 for claims in suit, etc., 3745. 
 for fees of sheriff's jury, 109. 
 
 of land damages awarded, 3371, 3874, 3377, 3379, 3880 
 in lieu of bond or undertaking, see Bonds; Undertakings. 
 on injunction, 612, 614; see Injunction. 
 of money paid into court, see Payment. 
 in lieu of bail, 578-590, 3180-3183; see Bail. 
 in lieu of undertaking on appeal, 1306. 
 
 in surrogate's court, 2575. 
 of money, limitation of suit for, 410. 
 as pledge, see Pledge. 
 of proceeds of attached property, 675. 
 by temporary administrator, 2678-3680, 2691. 
 see also Deliveet; Payment; Security. 
 
 Depositions: 
 
 (1) taken and for use within state, 870-886. 
 
 of party, 870. 
 
 of those not parties, 871. 
 
 of felons, 877. 
 
 as evidence at trial, 881, 883, 884. 
 
 objections to, 883. 
 for use on motion, 885. 
 aflSdavit for, requisites, 873. 
 
 before whom, 872. 
 
 effect as evidence, 885. 
 order, on reasonable grounds, 873. 
 
 examination, limited by, 873. 
 
 service regulated by, 873, 875. 
 examination, mode of, 880. 
 
 adjournment, 876. 
 
 when answers refused, to be reported to court, 880. 
 
 place of, 886. 
 witness' fees, 874. 
 penalty for disobeying order, 874. 
 recusant witness may be compelled to answer, 854-856, 876. 
 
140 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Depositions — Continued. 
 
 when and where taken, 876. 
 wlien witness confined, 877. 
 by consent of parties, 879. 
 
 manner, 879, 880. 
 when to be read in evidence, 881. 
 
 inability to attend, 883. 
 when witness may be compelled to attend for, 886. 
 (8) taken without, for use within state, 887-913. 
 in surrogates' courts, 2538, 3540. 
 commission, affidavit for, 887. 
 evidence, when, 911. 
 when to issue, 888. 
 order for, 898. 
 
 by judge, 890. 
 to whom applied for, 889. 
 examination may be ordered, 893, 896. 
 open when, 893-895, 897. 
 
 not allowed where adverse party is infant, 895. 
 execution and return, 901-904. 
 
 return by agent, 904. 
 
 where agent sick or dead, 905. 
 code section to be annexed, 902. 
 by consent, 908. 
 where return to be kept, 909. 
 opening return, 904. 
 
 where adverse party is a committee, etc., 895. 
 interrogatories, settling, annexing, etc., 891, 893. 
 oral, 893, 896, 897. 
 in foreign language, 913. 
 examination, how taken, 900. 
 exhibits, 901. 
 
 depositions, how taken, 901. 
 certificate annexed, 902. 
 return of, 904, 905. 
 what is a sufficient return, 903. 
 suppression of, 910. 
 filing, 906. 907. 
 
 letters rogatory, when issued, 913. 
 eflfect of, 913. 
 
 (3) taken within for use ivithout the state: 
 who may obtain, 914. 
 
OF CIVIL PROCEDURE. 141 
 
 [References are to Sections.] 
 
 Depositions — Continued. 
 
 subpoena, when there is a commission, 915. 
 
 when none, 915. 
 
 contents, 915. 
 examination, place of, 915. 
 
 before commissioner, 915. 
 
 before judge, 915. 
 
 before justice of peace, 2969-2979. 
 depositions, taking and return, 919. 
 recusant witness, 915. 
 witnesses' fees on, 8319. 
 (4) miscellaneous: 
 
 costs on procuring commission, 3251. 
 before New York city court, 326. 
 
 certain provisions applicable to surrogates' courts, 3538. 
 injustices' courts, 2980-2987, 3325; see Justices' Courts (8). 
 commissions to take testimony, costs on, 3076, 3251, 3256. 
 
 to examine into deatli of life tenant, 2305, 2311-2316; see 
 Tenant. 
 
 in New York city court, where executed, 3171. 
 
 of subscribing witness to will, 2620. 
 see also Affidavits; Commissioners; Evidence; Exami- 
 nation. 
 
 Deputies, see Assistants and Deputies. 
 
 Descent: 
 
 cast, 374, 393. 
 
 Description: 
 
 of defendant where name is unknown, see Names. 
 of real property by sheriff, fees for, 3307. 
 
 Designation: 
 
 of appellate division justices, 320-223; see Supreme Court. 
 
 of referee in action for divorce, 1012. 
 
 of judges of county court, as surrogates, etc., 2483. 
 
 of person to receive service of process, 430, 432. 
 
 limitation in case of, 401. 
 
 in case of lunatic and incompetent, when, 427-429. 
 
 in case of foreign corporation, 432. 
 
 failure to make, by person without state, a ground for 
 publication, 438. 
 
 failure to make a ground for attachment, 636. 
 in justices' courts. 3906. 
 
142 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Designation — Continued. 
 
 by railroad companies, 2880, 2883. 
 
 by express companies, 2881, 2882. 
 by justice of peace of person to serve mandate, 3156. 
 of jail, 135-144; see Jails. 
 
 Destroyed Will: 
 
 how proved on application for probate, 1865, 2621; see 
 Revocation. 
 
 Destruction: 
 
 of papers by order of court, 21. 
 
 of vouchers, 2729. 
 
 of will, how proved, 1865, 3621; see Revocation. 
 
 Detainer, see Forcible Entry and Detainer. 
 
 Detention: 
 
 prisoner to be charged only legal fees upon, 115. 
 
 Determination: 
 
 of claim, action to compel, 1638-1650 ; see Claim. 
 
 of certain questions in certiorari proceedings, 2140-3143. 
 
 defined, 2146. 
 
 see also Decision. 
 
 Devise, Devisee, see Legatees, Etc. ; Wills. 
 
 Difficult Cases: 
 
 additional allowance to either party in, 3253; see Additional 
 Allowance ; Costs. 
 
 Dilatory Defence: 
 
 when to be verified, 513. 
 
 Directors and Officers of Corporations: 
 
 applications by, to attorney-general to bring suit, 1808-1812i 
 
 see Attorney-General. 
 appointment of, as receivers. 3429. 
 conditional examination of, 873. 
 costs, how collected from, 1987. 
 discovery of books, etc., by, 868, 869. 
 of foreign coi'porations, 1779. 
 
 when joined as defendants in action against corporation, 
 1790. 
 
OF CIVIL PROCEDURE. I43 
 
 [References ore to Sections.] 
 
 Directors and Officers of Corporations — Continued. 
 when separate action against, 1791. 
 
 proceedings under last two sections, 1792. 
 injunctions against, 1781, 1787, 1801, 1803, 1809, 1812. 
 judicial supervision of, 1781, 1783. 
 limitations as to liability of, 394. 
 enforcing liability of, 179.5. 
 notice to, 1799. 
 
 proceedings by, for dissolution, 2419-2431 ; see COEPOEA- 
 TIONS (2). 
 
 service of papers on, see Seevice of Papees. 
 suspension or removal of, 1781, 1809, 1811, 1812. 
 testimony by, compelled, 1805. 
 usurping, costs against, 1987. 
 actions against, for misconduct, 1781. 
 judgment, how enforced, 1795. 
 
 see also Corpoeations, and the titles of the several corpora- 
 tions. 
 
 Disability: 
 
 of attorney, effect of, 65 ; see Attorneys, Etc. 
 of defendant claiming real property, 1647. 
 of executor or administrator, 2685. 
 of judge, etc. : 
 
 of judge who is interested, or a party, 46, 
 
 of officer, before whom special proceeding is pending, 
 52, 53. 
 
 of justices of appellate division, appeal to be heard in 
 another department, 231. 
 
 of county judge, who to act in case of, 342. 
 
 of justice of the peace, preventing return, 3056. 
 
 of mayor's court of Hudson, and recorder's court of Utica 
 and Oswego, removal in case of, 3200. 
 
 of surrogate, 2484-2492 ; see Surrogates, Etc. 
 of juror, 1029. 
 under statiate of limitations, 375. 396, 408, 409, 1291, 1596. 2126; 
 
 see Limitations. 
 of party, see Incompetents. 
 of witness, see Evidence. 
 see also Limitations; Qualification. 
 
 Disagreement: 
 
 discharge of jury on, 1181. 
 see Jury, Etc. ; Trials. 
 
144 INDEX TO NEW YORK CODE 
 
 [References afe to Sections.] 
 
 Disappearance: 
 
 temporary administration on, ^670. 
 
 Disbarment: 
 
 of attorneys, 67 ; see Attorneys, Etc. 
 
 Disbursements, see Costs. 
 
 Discharge: 
 
 of surety on bonds, 813. 
 
 from arrest, 554, 564, 572, 573, 861, 863, 2901, 2904, 3163 ; see 
 Arrest. 
 
 effect on action. 2903; see also Exemptions. 
 from attachment, 668, 669. 683-687, 709, 711 : see Attachment. 
 prisoner to be charged only legal fees for, 117. 
 of prisoner on Sunday, 6. 
 appointment as executor does not operate as, of claim against 
 
 him, 3714. 
 of firemen from jury duty, 1030-1033. 
 from jury duty by reason of military service, 1030, 1033. 
 of trial jurors or jury, 1032-1034. 
 of jury failing to agree, 1181. 
 
 same in justices' courts, 3008. 
 
 see also Jury. 
 of warrant to enforce lien on vessel, application for, 3435- 
 
 3437. 
 of lien on vessel, 3441. 
 security for costs by person discharged, 3269. 
 
 see also Fines, Etc. 
 from imprisonment : , 
 
 for contempt, 3286. 
 
 propei'ty of prisoner to be delivered upon, 2339. 
 
 by habeas corpus, etc., see Habeas CORPUS. 
 
 see Insolvency (3); Judgment Debtors. 
 
 for debt, 564, 568, 2188-2218, 3033-3037, 3163. 
 
 for non-payment of fine, 9. 
 
 when citj' court may grant, 3163. 
 from indebtedness, 564, 568, 2149-2187, 3269: see Insolv. 
 
 ENCY(l). 
 
 of insolvent debtor, 568, 2188-3199 ; see Insolvency (2). 
 
 of bail by surrender of prisoner, 592. 
 
 of party by bringing money into court, 743. 
 
 of levy, after appeal, 1311. 
 
OF CIVIL PROCEDURE. I45 
 
 [References are to Sections.] 
 
 Discharge — Continued. 
 
 of judgment debtor, 1494, 1495, 2300-2218 ; see Judgment 
 Debtor. 
 in justice's court, 3033. 
 of mechanic's lien, by order of court, 3417. 
 of mortgage, see Mortgages. 
 writ of, abolished, 2048. 
 
 Diseontinuanee: 
 
 of actions, 25, 45, 655, 3374 ; see Actions. 
 costs after, on answer of title, 3235. 
 costs on, 3260. 
 
 Discovery: 
 
 power to compel, 803. 
 ruJes of practice, 804. 
 petition for, 805. 
 order to show cause, 805." 
 
 vacating, 806. 
 inspection, order for, 807. 
 reference for, 807. 
 costs, 807. 
 disobedience to order, 808. 
 
 pleadings struck out for, 808. 
 evidence excluded for, 808. 
 punished as contempt, 808. 
 effect of books, etc., produced, 809. 
 no action for, 1914. 
 
 provisions are to apply to surrogates' courts, 3538. 
 of death of tenant for life, action for, 2302-2311 ; see Tenants. 
 by subpoena duces tecum, etc. : 
 service, how made, 852. 
 penalty for disobeying, 853, 855. 
 by whom issued, 854. 
 imprisonment of witness, 856. 
 contents of warrant, 857. 
 how executed, 858. 
 to whom directed, 858. 
 preceding sections qualified, 859. 
 what witness is exempt from an-est, 860. 
 discharge from arrest, 861. 
 
 by whom, 863. 
 arrest, when void, 868. 
 10 
 
146 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Discovery — Continued. 
 
 when officer not liable, 864. 
 application of preceding sections, 865. 
 how records removed by, 866. 
 books of account, production, 867. 
 corporate books, production, 868. 
 when personal attendance not required by, 869. 
 in justices' courts, 2969, 3001-3003. 
 of property of decedent withheld, 2707-2714; see EXECUTORS, 
 
 Etc. 
 of property of judgment or attachment debtor, 655, 1871, 1878, 
 
 1879, 
 see also Supplementary Proceedings. 
 of death of life tenant, see Tenants. 
 
 Discretion, Judicial: 
 
 in granting orders, see MOTIONS AND ORDERS; JUDGMENT, 
 
 Etc.; Judges. 
 as to costs, see Costs. 
 
 Disease, see Courts; Jails. 
 
 Dishonesty: 
 
 disqualifying executor, 3612. 
 
 Dismissal: 
 
 of complaint for not serving copy, 480. 
 for not serving summons, 821. 
 for neglect to proceed, 822. 
 by final judgment, 1209. 
 
 effect, 1209. 
 in partition, 1583. 
 
 Disorderly Conduct: 
 
 before courts, 8, 13; see CONTEMPT. 
 
 Disorderly Houses: 
 
 houses of ill-fame, abating by neighbors, 3237. 
 tenants keeping, removal of, 2331, 3237. 
 
 Dispensaries: 
 
 evidence of physician attached to, in action for personal 
 injury, 836. 
 
 Dispossessing, see Ejectment; Summary Proceedings. 
 
OF CIVIL PROCEDURE 147 
 
 [References are to Sections.] 
 
 Disputed Claim: 
 
 against decedent's estate, limitation of action on, 1833. 
 
 Disqualifleation, see Qualification, Etc. 
 
 Dissolution: 
 
 of corporations, 1785-1796, 1801, 1804-1813, 3419-2431 ; see 
 Corporations. 
 
 Dissolved Corporations, see Corporations. 
 
 Distinct Parcel: 
 
 of real property, defined, 3343, sub'd 16. 
 
 Distress: 
 
 see also Strays. 
 
 of inanimate goods : 
 
 action to recover, 1734, 1737. 
 
 or for damages, 983. 
 
 costs, 3258. 
 
 place of trial, 983. 
 Distribution: 
 
 order of, of decedent's personal property, 3733. 
 of married woman's estate, 3784. 
 decree for, upon accounting, 3743. 
 of decedents' estates, see Executors, Etc. 
 of effects of insolvent corporations, see Receivers. 
 see also Insolvency. 
 on partition, 1582. 
 
 of surplus money in action to foreclose lien on vessel, 3434. 
 of surplus money arising on foreclosure, 3799. 
 of proceeds of sale in action to foreclose lien on vessel, 3438, 
 3429, 3432. 
 contest of claim before, 3430. 
 of proceeds of sale by referee, 3297. 
 see also Surplus. 
 
 of reports, duties of secretary of state as to, 213. 
 see also Payment. 
 
 Distributive Shares, see Wills. 
 
 District: 
 
 judicial, or the adjoining, commission must reside in, in con- 
 demnation proceedings, 3369. 
 motion for confirmation in, 3371. 
 see also Motions, Etc. ; Trials. 
 district courts, see Courts (11) (c); Justices' Courts. 
 
148 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 District Attorney: 
 
 acting as surrogate, 2484-2494; see SUBROGATES, Etc. 
 accounts and reports by: 
 
 of fees generally, 1967. 1968. 
 actions by: 
 
 on bonds, in general, 1966. 
 
 of person attached for contempt, 2290. 
 
 for penalties: 
 
 in general, 1963. 
 limitations of, 387. 
 
 against sheriff for failure to collect fine, 3298. 
 
 for taking insufiioient sureties, 2291. 
 appeal by, on habeas corpus, 2059. 
 application by, for habeas corpus, 2012, 2014. 
 to be furnished with stenographers' minutes, 86. 
 no fees nor undertaking in habeas corpus by, 2002. 
 notices to: 
 
 on application for admission to bail, 2060. 
 for remission of fines, etc. , 352. 
 
 in habeas corpus proceedings, 2011, 2038. 
 partner of, restrictions upon practice of, 78. 
 powers and duties as to: 
 
 condemnation of land by state, 2105, 2113. 
 
 disbarring attorneys, 68. 
 
 proceedings under state writ, 1993, 1995, 2003. 
 
 compelling returns by sheriff, 2297. 
 
 as to habeas corpus to testify, 2011, 2012. 
 retainer of, when unlawful, 79. 
 restriction as to practice, 79. 
 
 penalty, 80. 
 
 District Courts, see Courts (11) (o); see Justices' Courts. 
 
 District of Columbia: 
 
 defined, Statutory Cons. Law, 23. 
 
 Dividends: 
 
 apportionment of, by executors, etc., 2720; see Apportion- 
 ment. 
 
 by receivers, see Receivers. 
 
 see Corporations; Directors; and under the titles of the 
 several corporations. 
 
 Division: 
 
 of actions, see Actions. 
 
OF CIVIL PROCEDURE. I49 
 
 [Keferences are to Sections.] 
 
 Divorce: 
 
 (1) action to annul marriage: 
 
 by the woman, causes, 1743. 
 
 by either, causes, 1743. 
 
 when party under age of consent, 1744 
 
 for former marriage, 1745. 
 
 legitimacy of issue, etc., 1745. 
 for idiocy, lunacy, 1746-1748, 1755. 
 
 legitimacy of issue, 1749. 
 for force, fraud, 1750. 
 
 children's custody, etc., 1751. 
 for physical incapacity, 1753. 
 
 limitation of action for, 1752. 
 evidence and trial, 1753. 
 judgment, effect of, 1754. 
 by next friend, 1744, 1748, 1755. 
 
 see also (5), infra. 
 (3) action for divorce for adultery: 
 when may be maintained, 1756. 
 unverified answer, 1757. 
 jury trial, 1757. 
 
 exclusion of public from trial, 5. 
 default, opening, etc., 445, 1757. 
 pleading may be served on co-respondent, 1757. 
 co-respondent may appear in suit, 1757. 
 
 costs to, 1757. 
 when relief denied, though adultery proved, 1758. 
 relief, in wife's action, 1759. 
 
 when, after judgment, 1759. 
 
 in husband's action, 1760. 
 
 dower, when forfeited, 1760. 
 curtesy, when preserved, 1759. 
 right to remarry, 1761. 
 for other provisions, see (4) (5) , infra. 
 (8) action for a limited divorce: 
 when may be maintained, 1763. 
 jurisdiction, 1763. 
 complaint, 1764. . 
 plaintiff's misconduct, 1765. 
 alimony, 1766. 
 judgment, 1766. 
 children, support of, 1766. 
 reconciliation, 1767. 
 
150 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Divorce — Continued. 
 see also (4), (5), infra. 
 
 (4) provisions relating to absolute and limited divorces: 
 trial may be secret, 5. 
 
 residence of wife, 1768. 
 counterclaim, 1770. 
 alimony for wife, 1769. 
 
 for children, 1769, 1771. 
 
 security for, 1772. 
 
 sequestration for, 1773. 
 
 in contempt for. 111, 1773. 
 counsel fees, 1769. 
 costs and execution. 1769. 
 children, custody of, 1771. 
 
 changing order, 1771. 
 judgment, application to modify, requires leave, 1759, 1771. 
 
 (5) matrimonial actions in general: 
 summons, requisites, 1774. 
 
 service of, 438, 1774. 
 certificate of, 1774. 
 reference, not on consent only, 1012. 
 referee unfriendly to parties may act, 1024. 
 husband or wife's testimony, 831. 
 judgment, not of course, 1229. 
 
 can only be rendered by court, 1229. 
 
 by default, requisites, 1774. 
 opening defaults, 445. 
 see also Alimony; Husband and "Wife; Maebiage. 
 
 Docket: 
 
 cancelling docket of reversed or modified judgment, 1321. 
 
 when corrected after judgment of court of appeals, 132S. 
 see Docket Book; Judgment, Etc. 
 
 Docket Book: 
 
 what clerks to keep, 1245. 
 what to contain, 1246. 
 to be public, 1249. 
 
 of justice of peace, proof of, 948-951. 
 as evidence, 938. 
 transcript of, 939. 
 
 justice must enter fine imposed on defaulting ,'itness in his, 
 3976. 
 
OF CIVIL PROCEDURE. I5I 
 
 [References are to Sections.] 
 
 Docket Book — Continued. 
 
 what entries justice of peace must raake therein, 3140, 3141. 
 
 alphabetical index to, 3142. 
 deposit of, with town clerk on justice's removal, 3144-3149. 
 
 see Justice of the Peace. 
 when presumptive evidence, 3155. 
 see Judgment, Etc. 
 
 Documentary Evidence, see Evidence. 
 
 Documents: 
 
 delivered to oflicial successor, 184, 185. 
 
 proof and authentication of, see Acknowledgment, Evidence. 
 
 public, see Public Printing ; Records , Public ; Seceetaky 
 
 OF State; Statutes. 
 see also Books and Papers. 
 
 Domestic: * 
 
 corporation, defined, 3343, sub'd 18. 
 
 corporations, may maintain action for change of name, 
 
 2411. 
 see Corporations; Municipal Law; Names. 
 animals, see Strays. 
 
 Domicile, see Residence. 
 
 Double: 
 
 damages: 
 
 when allowed in verdict, 1184. 
 
 in report of court or referee, 1020. 
 
 do not carry increased costs, 3257. 
 see Damages. 
 costs: 
 
 increased damages do not carry, 3257. 
 
 when given to defendant, 3258. 
 
 increased disbursements not allowed, 3259. 
 
 see Costs. 
 time: 
 
 when service is by mail, 798. 
 
 application of article, 802. 
 
 Dower: 
 
 ejectment for, abolished, 1499. 
 arbitration concerning, 2365. 
 
152 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Dower — Continued. 
 
 widow, insane, provisions for, 3363. 
 
 action against, to determine dower, 1647-1650. 
 proceedings, where rights admitted, 1648. 
 where right denied, 1649. 
 collusive recovery of, against infant, 1605. 
 ejectment by infant, 1605. 
 damages, 1605. 
 complaint, 1606. 
 lands subject to: 
 
 after divorce against husband, 1759, 1760. 
 
 purchased at execution, 1473. 
 
 of decedent contracting to buy, 2794. 
 
 sold for debts, 2778. 
 investment of proceeds, 2795. 
 
 proceeds subject to, 2793-2795. 
 of lunatics, infants, etc., 2363. 
 sale, under prior liens, 1623. 
 bar to, assignment of dower to be, 1604. 
 
 foreclosure, when, 2395. 
 action for, twenty years' limitation, 1596. 
 time of disability not part thereof, 1596. 
 complaint in, 1606. 
 defendants, 1597. 
 
 bringing in, 1598. 
 in severalty, 1599. 
 jurisdiction of county court, 340. 
 injunction against, undertaking, 616, 617. 
 
 damages for, 617. 
 are preferred causes, 791. 
 
 collusive recovery in, not to prejudice infant, 1605. 
 judgment enforced by execution, 1240. 
 bar to real actions, 1499, 1638 
 
 but not by reversioner, 1680. 
 trial by jury, 968. 
 
 place of trial, 982. 
 interlocutory judgment, 1607. 
 iinal judgment, 1613. 
 
 stay on appeal, 1616. 
 for installments of award, 1614. 
 actions against tenants in: 
 
 for partition, 1538, 1539, 1553. 
 
 sale of dower interest, 1567-1571, 1583-1585. 
 
OF CIVIL PROCEDURE. 153 
 
 [References are to Sections.] 
 
 Dower — Continued. 
 
 purchaser holds property free from claim for dower, 
 
 1568. 
 
 investment of proceeds, 1569, 1583. 
 
 protection of owners of future estates, 1570. 
 for waste, 1651. 
 admeasurement of: 
 
 interlocutory judgment for, 1607. 
 
 does not affect junior incumbrancer, 1615. 
 
 referee's or commissioner's oath, 1608. 
 
 removal, etc., 1608. 
 
 filling vacancy, 1608. 
 
 duties prescribed, 1609. 
 
 meetings, 1610. 
 
 fees and expenses, 1613, 3299. 
 
 report, 1610. 
 
 report, setting aside, 1611. 
 confirming, 1618. 
 distinct parcels, 1613, 1630, 1633. 
 sale, interlocutory judgment for, 1619, 1633. 
 
 report of, 1633. 
 
 final judgment thereon, 1634. 
 
 proceeds, distribution, 1634, 1625. 
 
 provisions as to partition apply to, 1635. 
 
 taxes, etc., to be paid out of proceeds of, 1676. 
 liens, inferior, 1621. 
 
 prior, reference for, 1633. 
 fees of surveyor on determining, 8399; see SURVEY, 
 gross sum in lieu of, 1617. 
 
 consent to accept, 1617. 
 
 leave to pay, 1618. 
 
 reference to fix, 1618. 
 
 enforcing order for, 1618. 
 
 distinct lot instead of, 1620. 
 
 for insane widow, 2363. 
 damages for withholding, 1600-1603. 
 
 mesne profits, 1600, 1601. 
 
 interest, 1600. 
 
 against co-defendants, 1603. 
 
 against alienees, 1 601 , 1608. 
 final judgment for, 1613. 
 enforced by execution, 1240. 
 
154 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Dower — Continued. 
 
 release of, how made, 23fi3. 
 
 application for, by committee of Uinatic, 2351. 
 
 in partition suit, 1571. 
 sale of dower right of infant lunatic, etc., 2363. 
 judgment for, against life tenants, etc., 1680. 
 
 ejectment by heirs, etc. , 1680. 
 
 purchaser's liability, 1685. 
 
 court may modify, 1614. 
 
 appeal from, stay, etc., 1616. 
 
 where to be entered, 1677. 
 see also Real Property. 
 
 Drafts, see Bills, Etc. 
 
 Drunkards: 
 
 appointment of committee of, etc., 2320-2344; see Incom- 
 petents (2) (3). 
 sale of real property of, 2345-2364; see Incompetents (4). 
 see also Habitual Drunkards. 
 
 Duces Tecum: 
 
 to produce books, etc., 867, 868. 
 personal attendance under, 869. 
 see Evidence. 
 
 Duress: 
 
 marriage annulled for, 1743, 1750, 1751; see Divorce. 
 
 Dutchess County: 
 
 jail liberties in, 145. 
 
 stenographers for courts in, 256, 257. 
 
 Earnings: 
 
 when exempted from seizure, 1879, 2463. 
 see also Employers and Employees. 
 
 Easements: 
 
 acquired by condemnation, see CONDEMNATION Law. 
 
 Edicts of Foreign Governments: 
 
 proof of, 942. 
 
 Editor: 
 
 when action against, for libel does not lie, 1907. 
 when it does lie, 1908. 
 
OF CIVIL PROCEDURE. 1 55 
 
 [References are to Sections.] 
 
 Education: 
 
 of child; see Consolidated School Law ; Executors, 
 Etc. 
 
 Ejectment, Action of: 
 defined, 3345, sub'd 30. 
 mode and place of trial, 968, 983. 
 general provisions regulating, 1496-1531, 1669, 1675, 1678-1688. 
 
 extended to action to determine claim, 1642, 1644, 1646. 
 
 see also Real Property (3) (5). 
 alienation pending, 1685. 
 
 for escheated propert„v, etc., 1977-19S3; see TREASON, 
 execution in, 1340, 1364, 1373, 1377, 1508, 1509. 
 jurisdiction of, see Jurisdiction. 
 injunction staying, 616, 617. 
 
 against waste, pending, 1681. 
 damages, 1496. 
 
 rents and profits to be included in damages, 1497. 
 interpleader in, 820. 
 joinder of causes of action in, 484. 
 limitations of, 363-375; see Limttations (2). 
 order in sumtuary proceedings d<3es not bar, 3264. 
 
 in proceedings as to life tenants, 2319. 
 for property coUusively awarded for dower, 1605. 
 by remaindermen, etc., 1680. 
 
 see also Actions; Forcible Entry and Detainer; Real 
 Property; Summary Proceedings ; Trespass. 
 
 Elect: 
 
 defined. Statutory Cons. Law, 17. 
 
 Election (of Rights and Remedies) : 
 
 between action for escape and on undertaking, 166-170. 
 between action against legatees, etc., and claim against dece- 
 dent's real property, 1845. 
 to continue action after partial admission, 511. 
 of court, for new action, 3958. 
 
 between occupants in severalty, in ejectment, 1516-1518. 
 as to judgment in action for waste, 1656-1658. 
 
 in action against legatees, etc., 1854. 
 by plaintiff as to parties, in partition suit, 1539, 1540. 
 
 in action against legatees, etc., 1838. 
 between provisional remedies, 719. 
 as to right to take out letters of administration, 2663. 
 
156 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Election (of Rights and Remedies) — Continued. 
 of trial, by less than six jurors, 2995. 
 as to unverified pleading, 538. 
 to waive stay for non-payment of costs, 779. 
 see also Waivee. 
 
 Election Law: 
 
 administering oaths to election officials, no fees for, 3389. 
 election district canvassers, returns of, when may be 
 
 destroyed, 21. 
 sheriff fees for giving notice of general and special election, 
 3307. 
 
 Electors: 
 
 habeas corpus served by, 3000. 
 
 Embezzlement: 
 
 civil remedies for, 549, 635, 637. 
 
 of effects of decedent, protection against, 2665. 
 
 by public officers, 549, 686, 637, 640. 
 
 Emblem: 
 
 presented for services, exempt from execution, 1393. 
 
 EmbraecFy: 
 
 penalty, 1194. 
 
 damages, 1194. 
 
 see also Bribery; Jury, Etc. 
 
 Eminent Domain: 
 
 see Assessment op Damages; Condemnation Law; Escheats. 
 
 Employers and Employees: 
 
 causing employee's death, 1903. 
 
 damages, 1904. 
 employees: 
 
 wages, collection of, for females, 1891. 
 execution, 3167, 3221. 
 termination of relation of, when sunrmary proceedings lie, 
 
 2331, sub'd 1. 
 exemption of sixty days' earnings of, 1879, 3463. 
 see also Master, Etc. 
 
 Enforcement of Judgment, see Judgment, Etc. 
 
OF CIVIL PROCEDURE. 1 57 
 
 [References are to Sections.] 
 
 Engineers: 
 
 exempted from jury duty, 1030, 1081, 1127. 
 
 England : 
 
 common law and statutes of, eflect of, Statutory Cons. Law, 30. 
 
 English Language: 
 
 ability to read and write: 
 
 jurors, 1079, 1126. 
 
 executors, 2612. 
 process to be in, 22. 
 
 Enlargement of Time: 
 
 when may be, 781. 
 
 when cannot, 784. 
 
 procedure, 782. 
 
 after time expired, 788. 
 
 when not in action against corporation, 1778. 
 
 see Time. 
 
 Enrolment: 
 
 of judgment or order, 3144, 2145; see Judgment, Etc. 
 of vessel, 945. 
 
 Entries: 
 
 copies of original, when evidence, 930. 
 verification of, 931. 
 see also Books, Etc. 
 
 Entry: 
 
 of judgments, 1236-1239. 
 
 see Judgment, Etc. 
 on lands: 
 
 forcible forbidden, 2233. 
 
 see also Forcible Entry and Detainer. 
 
 action after, 367. 
 
 to make survey, 1682-1684. 
 
 for non-payment of rent, 1504, 1505. 
 see also Summary Proceedings; Trespass. 
 
 Epidemic: 
 
 power to change courts, because of, 40-43; see Courts (2). 
 
 Equality of Partition: 
 
 how made, 1587; see Partition. 
 
IS8 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Equipments: 
 
 of troops and veterans exempt from execution, 1393. 
 
 Equitable Convepsion, see Assets; Executors, Etc. 
 
 Equity: 
 
 courts of, see Courts. 
 
 distinction between equity and law abolished, 3339. 
 of redemption, when not to be sold, 1433, 1433; see Mort- 
 gages; Redemption. 
 of parties, determination of, in action to foreclose mechanic's 
 
 lien, 340H, 
 actions triable by court, 969. 
 see also Trusts, Etc. 
 
 Erie County: 
 
 court oiRcers in, 97. 
 
 crier of county court in, 91. 
 
 fees of constable in, 3313. 
 
 jail liberties in, 145. 
 
 stenographers for courts in, 358, 359, 361, 3513. 
 
 see also Buffalo, Etc. 
 
 Error: 
 
 immaterial, to be disregarded, 733. 
 
 in fact, 1283-1293; see JUDGMENT, Etc. 
 
 in names, see Names. 
 
 in pleading, how cured, 721. 
 
 writ of, abolished, 1293. 
 
 see also Appeals; Mistaxes. 
 
 Escapes: 
 
 while going to or returning from hospital, 127. 
 undertaking against, on habeas corpus, 2000. 
 retaking of judgment.debtor, 1493. 
 sheriff, liability in damages, 158, 587, 588. 
 taking reward for connivance at, 159. 
 
 office forfeited by, 159. 
 action against sheriff for, 158, 587, 588, 1880-1885; see Bonds. 
 
 service in, 436. 
 
 limitation of, 385. 
 
 defenses to, 160-171; see Jails. 
 
 when barred, 168. 
 
 barred by production of prisoner's affidavit as to family, 
 etc., 3036. 
 
OF CIVIL PROCEDURE. 159 
 
 [References are to Sections.] 
 
 Escapes — Continued. 
 
 coroner liable for sheriff's escape, 177. 
 
 for other escapes, 179, 181. 
 from jail liberties, 155. 
 see Coroners ; Jails. 
 
 Escheats: 
 
 escheated lands, action for by attorney-general, 1977-1983. 
 see Attorney-General; Treason ; Fines, Etc. 
 
 Essex County: 
 
 stenographers for courts in, 258-262, 3513. 
 
 Establishment of will: 
 
 action for, 1861-1867; see Bills. 
 
 Estates: 
 
 owners of future, protected in partition, 1570. 
 
 may maintain action for injury, 1665. 
 Bale of certain, proceeds of, 1569, 1583. 
 persons having or claiming, maj' be made defendants in 
 
 action for dower, 1598, 
 persons holding what, liable for waste, 1651. 
 judgment in action for waste against tenant of particular, 
 
 1655. 
 holders of certain, holding over deemed trespassers. 1664. 
 tenant of particular, removal bj- summary proceedings, 2231. 
 particular, how included in sale of property of incompetent, 
 
 3362, 2363. 
 in real property, controversy concerning cannot be submitted 
 
 to arbitrators, 3365. 
 
 Estray, see Strays. 
 
 Evidence: 
 
 (1) miscellaneous provisions: 
 admissions by member of corporation, 839. 
 on new trial in ejectment, 1530. 
 presumption of death, after seven years, 841. 
 
 after twenty-five years, 841. 
 
 effect of, 841. 
 seal, effect of, 840. 
 see Presumptions. 
 as to proof of incorporation, 1776. 
 
l6o INDEX TO NEW YORK CODE 
 
 [Reference-t are to Sections,] 
 
 Evidence — Continued. 
 
 protest, etc., proof of, 933, 934. 
 
 in otlier state, etc., 925. 
 of foreign wills, 2703, 3704. 
 common law rules preserved, 962, 1834. 
 of assets, when decree directing payment is, 2553. 
 of authority, how far letters are, 3591. 
 failure of proof, what is, 541. 
 proof of common law, 943. 
 
 of publication, 926. 
 
 of service of notice, 927. 
 deposition in justices' court, value as evidence, 2986. 
 
 see also Justices' Courts. 
 ex parte affidavits as, in justices' courts, 3004. 
 (3) documentary evidence: 
 acts of municipal corporations, 941. 
 
 supervisors, 941. 
 
 village trustees, 941. 
 
 local health board, 941. 
 books, etc., inspection of, 867, 868. 
 
 when not to be removed by subpoena, 866; see Discoveey. 
 
 of corporations, 868. 
 
 what officer to attend with, 869. 
 
 of foreign corporations, 929. 
 verified copies of, 930, 931. 
 see also Pooks, Etc. 
 certificate of acknowledgment, 935, 937. 
 
 rebuttal of, ,936. 
 
 see also Ackxowledgment. 
 certificates to documents, general form of, 957, 
 
 under seal when, 958, 959. 
 
 of marriage, '938. 
 
 as to missing paper, 921. 
 
 of performance of duty, 922. 
 
 of protest, etc,, 923. 
 
 see Certificates, Etc. 
 common-law rules, 962. 
 docket book of justice of peace, 938. 
 
 transcript, 933, 934, 939. 
 
 proof, in his absence, 940. 
 
 in adjoining state, 948. 
 
 transcript, 948, 949. 
 
 other proof, 950. 
 
OF CIVIL PROCEDURE. l6l 
 
 [References are to Sections.] 
 
 Evidence — Continued. 
 rebuttal, 951. 
 
 entries in as evidence, 3148. 
 maps, surveys, etc., in public offices in New York city, 955. 
 
 when presumptive evidence, 955. 
 memoranda of protests, etc., 934. 
 original deeds, 935. 
 original protests, 924. 
 records, production of, 866. 
 
 under subpoena, regulated, 866. 
 
 copies and transcripts, 866, 930, 931, 933-935, 939. 
 
 when evidence, 933. 
 of conveyances, 935. 
 
 in other states, 946, 947. 
 of vessels, 945. 
 
 see also Eeal Peopbrtt; EECORDma Deeds. 
 of federal courts, 943. 
 departments, 944. 
 signal service, 944. 
 collector of customs, 945. 
 of foreign courts, 953, 953. 
 
 effect of, not declared, 954. 
 of foreign public ofiflces, 956. 
 of town clerk, 934. 
 requesting admission of genuineness, 735. 
 seal, effect of, 840; see Seai. 
 statutes, etc. , of state, 933. 
 
 certificate of secretary, when required, 933. 
 of other states, 943. 
 for the authentication of documents and statutes, see CeE- 
 
 TiriCATES, Etc. 
 wills, etc., may be read in, when, 2639-3633. 
 (3) witnesses: 
 
 as to right to administer, on application for letters, 3663. 
 as to appointment of guardian, 3835. 
 not excused on ground of fraud, 2460. 
 before arbitrators, 2370. 
 
 commissioners in condemnation proceedings, 3111, 
 
 3370. 
 justices of the peace, 2965, 3979, 3000-3005, 3140, 3151, 
 
 3333. 
 sheriff's jury, 108, 109. 
 referees, 1017, 1018. 
 11 
 
l62 IXDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Evidence — Continued. 
 
 competency of, to testify as to execution of will, 836, 2544. 
 not affected by interest, 838. 
 of party, 829. 
 
 since deceased, 830. 
 contempt, 8-14; see Contempt. 
 
 examination of, by surrogate out of court, or surrogate of 
 another county, 2539, 2540. 
 duty of stenographer, 2541. 
 minutes of, authenticated, 3542. 
 
 to be bound, 2543. 
 when witness not disqualified, 2544. 
 exception vipon trial, 2545. 
 in justices' courts, determination, 3005. 
 by justice on ajjplication for adjournment, 3966. 
 attendance, how compelled, 852-860. 
 exception, 859. 
 before arbitrators, 2370. 
 where, 886. 
 
 required by judgment, 865. 
 in justice's court, 2969-2979. 
 officers, etc., of corporations, when not excused from testify. 
 
 ing, 1805. 
 subpoenas, who may issue, 854. 
 how served, 853. 
 disobedience to, 853. 
 
 warrant of arrest for, 855. 
 duces tecum, 854, 866. 
 
 removal of records by, 866. 
 fees of justice of peace for issuing, 3333. 
 fees for serving. 3333. 
 in surrogate's court, 3566. 
 see also Subpcena. 
 oaths, who may administer, 843-844. 
 how administered, 845-849, 
 without the state, 844. 
 affirmation in place of, 847. 
 other modes, 848, 849. 
 examination before administering, 850. 
 form immaterial, if perjury, 851. 
 see Oaths, Etc. 
 perjury by, 851; see PERJURY, 
 production of, before surrogate, 2618. 
 
OF CIVIL PROCEDURE. 163 
 
 [References are to Sections.] 
 
 Evidence — Continued. 
 
 refusal to answer, etc. , 856. 
 commitment for, 856. 
 
 contents of warrant, 857. 
 to whom directed, 858. 
 exception, 859. 
 arrest, exemption from, 564, 860. 
 discharge from, 861. 
 
 by whom, 863. 
 damages for, 863. 
 officer, when not liable, 864. 
 application of foregoing provision, 865. 
 confidential communications to, 83S-836. 
 clergyman, 833. 
 physician or surgeon, 834. 
 
 of hospital, in negligence case, 886. 
 attorney and employees of, 835. 
 
 in case of probate, 836. 
 waiver of, 836. 
 
 limitations on doctrine of, 836. 
 fees, in civil cases, 3318, 3319. 
 
 for depositions used without state, 3319. 
 in surrogates' courts, 2566. 
 
 upon proceedings to discover property, 2708. 
 in justices' courts, 3076, 8327, 3328. 
 including in costs, 8076, 3255, 3256. 
 affidavit concerning, 3367. 
 none to party or attorney, 3388. 
 
 in trial of claim of title of property seized by sheriff, 109. 
 habeas corpus to produce prisoner as, 2008-3011. 
 in justices' courts, 8056, 3057, 3151. 
 interested, 2544. 
 
 testimony of, at former trial, 830. 
 dead or insane witness, 830, 2651. 
 notes of, by dead, etc., stenographer, 830. 
 self- incriminating, 529, 837, 1805, 2460, 3139. 
 convict as, 832. 
 
 proof of conviction, 833. 
 husband or wife as. 828. 831. 
 parties as. in general, 828, 838. 
 against deceased party, 839. 
 called by opponent, 870. 
 rebuttal, 888. 
 
164 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Evidence — Continued. 
 
 admission by member of corporation, value as, 839. 
 place of trial changed for convenience of, 987. 
 powers of courts of record over, 7. 
 recusancy of, in general, 338, 3301. 
 
 see Attachment (of person), 
 aged, sick or infirm witness, 2539. 
 subscribing, 1868, 2496, 2540, 2618-3630. 
 in supplementary proceedings, 2444, 3460. 
 in surrogates' courts, generally, 8481. 
 two required to establish destroyed or lost will, 1865. 
 
 (4) in particular cases : 
 
 further, when received by appellate court, 3586. 
 in action on undertaking for jail liberties, 161, 165. 
 matrimonial action, 1753, 1757. 
 proceedings to recover decedent's property, 2709. 
 minutes and returns of, by justice of peace, 2976, 3053. 
 newly discovered, motion for a new trial on, in surrogates, 
 
 courts, 2481. 
 in action for injury to unoccupied lands, 960. 
 on new trial in ejectment, 1530. 
 
 of account, party when precluded from offering, 531. 
 of reconciliation of parties judicially separated, 1767. 
 of publication, see Publication. 
 of right of creditor to redeem, 1464-1466. 
 on probate of heirship, 2656. 
 on return of habeas corpus, 2089. 
 pleading, when not to be used as, 533. 
 supporting decision of appellate division when not reviewable 
 
 by court of appeals, 191. 
 to supply missing return of justice, 8056. 
 what admissible upon application for revocation of probate, 
 
 2651. 
 
 (5) proof of 2Kirticular facts and circumstances: 
 failure of proof, 541. 
 
 in action to annul marriage, 1753. 
 
 of claims against decedent, 3755-2759, 2788. 
 
 of damages on forfeited recognizance, 1966. 
 
 of death, 2656; see Tenants. 
 
 of deeds, see Acknowledgment. 
 
 of existence of corporation, 1776. 
 
 of innuendo in libel or slander, 585. 
 
 of jurisdictional facts, see Jurisdiction. 
 
OF CIVIL PROCEDURE. 165 
 
 [References are to Sections.] 
 
 Evidence — Continued. 
 
 that justice before whom proceeding is pending, is a material 
 
 witness for defendant, 3151. 
 of lost bill or note, 1917, 1918. 
 voucher, 2729. 
 will, 1865, 2621. 
 judgment of justice of peace, how proved, 3135. 
 of mitigating circumstances, 586. 
 of offer of acceptance, 737-739, 3372. 
 of performance of condition, 533. 
 of regularity of proceedings, 2784. 
 of service of papers, see Returns; Service op Papers. 
 of will, 2611-2647, 2652; see Wills. 
 on trial of facts on which order of arrest vvas granted, 549, 
 
 2903. 
 requisite for decree directing sale of decedent's real estate, 
 
 2759. 
 to rebut inventory, 1832-1834. 
 variance between pleading and proof, 539, 540. 
 
 (6) authentication: 
 
 of probate of letters granted in other state or territory, 2703, 
 
 2704. 
 of statutes, 932. 
 
 (7) effect and competency of certain papers, certified copies, 
 etc. : 
 
 account of executor or administrator, 1848. 
 
 ex parte affidavit as, in justices' courts, 3004. 
 
 certificate of exemption from jury duty, 1031, 1082, 1128. 
 
 of judge or referee as to costs, 3248. 
 
 of referee superintending discovery, 807. 
 designation of person to receive service of process, 432, 2880. 
 pleading not evidence in criminal proceeding, 523. 
 depositions as, 881, 911, 912; see Depositions. 
 entries in docket book of justice of the peace, 3148. 
 when inventory may be contradicted in action against execu- 
 tor or administrator, 1832-1834; see Executors, Etc. 
 judgments, orders and decrees: 
 
 annulling marriage, 1754. 
 
 against executor, no evidence of assets, 1824. 
 
 presumptive evidence of the debt against decedent, 3756, 
 2757. 
 
 decree judicially settling executor's account conclusive as 
 to what, 2742. 
 
l66 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Evidence — Continued. 
 
 in pi'ubate of heirship presumptive evidence of facts 
 
 declared established thereby, 2657. 
 against sheriff, conclusive against sureties, 161. 
 
 evidence as to amount of damages, 165. 
 against joint debtors, evidence as to what, 1933. 
 in justices' courts in attachment where there was no per- 
 sonal service, 2918. 
 in ejectment, 1524, 1526. 
 
 in action to determine claim to real property, 1646. 
 order of justice of supreme court directing another to 
 
 act as surrogate, conclusive as to his authority, 3487. 
 decree directing payment by executor, when conclusive 
 as to assets, 2552. 
 in action to discover life tenant, not conclusive in 
 action of ejectment, 2319. 
 of order transferring case for trial, 2485. 
 probate and letters, 2591, 2629-2638, 2666. 
 
 how far conclusive, 3626, 2637. 
 records in foreclosure and sale by advertisement, 2398 
 of insolvent's discliarge, 2181. 
 will certified by surrogate may be read in, 3629. 
 records of certain early wills, heretofore proved, 2631-2633. 
 return of execution in action to recover a chattel, 1734. 
 
 of constable in action on undertaking in justice's court, 
 2931. 
 searches by title insurance companies, 3256. 
 
 Evidences of Debt: 
 
 how levied upon, under execution, 1411; see also Bn.ra, Etc. 
 
 Examination: 
 
 of accounts of guardians, 2844, 3845. 
 
 on accounting of executors and trustees, etc. , 2729, 2810. 
 
 for admission to bar, 56-58, 193. 
 
 see also Removal. 
 before trial, 870-875; see Depositions (1). 
 conditional, see Depositions. 
 of party, 873, 
 
 order for, 878. 
 
 service of, 875. 
 
 punishment for disobeying, 856. 
 
 depositions of, 876-886 ; see Depositions. 
 of executors, trustees, etc., on accounting, 2810. 
 
OF CIVIL PROCEDURE. 167 
 
 [References are to Sections.] 
 
 Examination — Continued. 
 of insolvent debtors : 
 
 upon application for discharge from debts, 2166, 2172. 
 upon application for discharge from imprisonment, 
 
 3193. 
 false swearing upon, 2186. 
 of person withholding property of decedent, 2709. 
 of person refusing to give certificate of defendant's interest 
 
 on attachment. 651. 
 of judgment debtor, 2435; see Judgment Debtor; Supple- 
 mentary Proceedings. 
 of witnesses on uncontested probate of will, 2.3IO. 
 reference to make, 827. 
 
 physical, in action for personal injuries, 873. 
 see also Disco^'ery; Evidence; Inquests, Etc.; Supple- 
 mentary Proceedings; Visitation. 
 
 Exceptions, Case and Motion for New Trial: 
 
 to sureties, see Surety. 
 
 to surrogate's ruling, etc., 2545. 
 
 before verdict, to what rulings, 992. 
 
 after trial, how taken, 994. 
 
 to charge to jury, practice, 995. 
 
 to rulings, how reviewed, 996. 
 
 eflfect of, as stay, 1005. 
 
 hearing of, first, at appellate division, 1000, 1227. 
 revoking order for, 1000. 
 
 as to determination of challenge, how reviewed, 1180. 
 
 to decision of court or referee in condemnation proceedings, 
 3367. 
 
 (1) case: 
 
 agreed, submission of, 1279-1281; see Submission of Con- 
 troversy. 
 
 on appeal from surrogate, 2545, 2576. 
 
 when unnecessary, 998. 
 
 when necessary, 997. 
 
 required on appeal from order on motion for new trial on 
 minutes, 999. 
 
 what evidence embraced in, 997. 
 
 after trial, on appeal, 994. 
 
 on motion for new trial, 997. 
 
 on appeal to appellate division, 1853. 
 
 on appeal from surrogate's court, 2576. 
 
l68 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Exceptions, Case and Motion tor New Trial — Continued. 
 settlement, practice, 997. 
 
 separating exceptions, 997. 
 
 by judge out of office, 25. 
 costs for making and serving, 3351. 
 transmission to appellate court, 1315, 1389 
 part of judgment-roll, 1237. 
 (2) new trial : 
 
 after trial of issues from surrogate, 2547, 2548. 
 on appeal from justice of the peace, 8062-3073. 
 
 appeal from order granting or denying, 1336-1388, 
 1347. 
 
 in surrogates' courts, 2481. 
 costs on motion for, 3251. 
 for failure to file decision, 1010. 
 of action to compel determination of claim to real property, 
 
 1646. 
 of action of ejectment, 1525-1530; see Ejectment. 
 of action tried by referee, 1011. 
 of valuation of land taken, 3376. 
 on appeal from surrogate, 2587-2589. 
 motion for, to appellate division, 1000, 1001, 1227. 
 
 when trial was by court, etc., 1001. 
 
 by special term, 1003. 
 
 how not i^rejudiced, 1006. 
 
 after hearing before referee, 1004. 
 
 effect of granting where referee has been appointed, 1011. 
 
 on judge's minutes, 999. 
 
 stenographers' notes as, 1007. 
 case unnecessary, 998. 
 granting new trial, 1317, 1318. 
 after jury trial of specific questions, 1003. 
 effect of, as stay, 1005. 
 former testimony, when admissible on, 830. 
 
 Excessive: 
 
 award, 3871. 
 
 Excuse, see Justification. 
 
 Execute: 
 
 intent to, instrument or writing, effect of. Statutory Cons. 
 Law, 13. 
 
OF CIVIL PROCEDURE. 169 
 
 [References are to Sections.] 
 
 Executions: 
 
 (1) miscellaneous provisions : 
 
 action of replevin to recover chattels seized by, cannot be 
 
 maintained, 1690. 
 against people not to issue, 1985. 
 code provisions applicable to, 3347. 
 to be issued to sheriff executing attachment, 706. 
 required before suing bail, 597, 599. 
 against infant heir or devisee, 1858. 
 against joint debtors, 1934, 1935, 1941. 
 against public officers, 1 931 . 
 
 against executor or administrator, 506, 1816, 1817, 1825-1827. 
 against sheriff and sureties, 1883-1889. 
 against unincorporated association, 1921, 1922. 
 in action against sheriff on official bond, 1883, 1889. 
 against the person, see (6), infra. 
 for costs, interlocutory, 779, 3233. 
 
 in actions on state vprits, 3242. 
 
 in divorce suits, 1769. 
 
 in replevin, 1731. 
 
 sheriff's povpers under, 1732. 
 
 on motions, 779. 
 
 in partition, 1559. 
 
 in summary proceedings, 3250, 2254, 2458. 
 see Costs. 
 
 from New York city court, 338, 3H9 
 in New York municipal (district) courts, 3220. 
 judgments enforceable by: 
 
 awarding, money to either party, 1240. 
 chattel to either party, 1240. 
 
 for plaintiff, in ejectment, 1240. 
 in action for dower, 1240. 
 
 when debt not wholly due, 1277. 
 indorsement required, 1277. 
 successive executions, 1277. 
 after attachments, 706-709, 2918. 
 may issue to collect fines of jurors in New York, 1117. 
 
 in Kings county, 1156. 
 where defendant arrested, 2901, 2902. 
 on confession of judgment, 1276, 1277. 
 in action to determine claims, 1642, 1643. 
 in condemnation proceedings, 3373. 
 prosecution of official bond after return of, 2607. 
 
170 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Executions — Continued. 
 
 for crime, plaintiff imprisoned under may be required to give 
 security for costs, 3343. 
 
 for delivery of possession of chattel, 697, 1731-1736, 2938, 
 2931, 3038; see CHATTELS. 
 
 penalties, 1117, 1156, 3977, 2978. 
 on decree of surrogate, 3.554. 2555, 2607. 
 on final order in mandamus, 3083. 
 on judgment of justice's court, see (2), infra. 
 against president or treasurer of unincorporated association, 
 
 1931, 1923. 
 against sheriff as bail, 588. 
 application of certain provisions to, 3347. 
 by executor or administator on judgment rftcovered by prede- 
 cessor, 1839. 
 in justices' courts, 3034-3048. 
 from New York city court, 338, 339. 
 
 surplus moneys on, where attachment has been levied, pay- 
 ment of, 676. 
 see also Arrkst; Judgment Creditor's Actiox; Judgment; 
 
 Mandate; Warrants. 
 proceedings to aid, see Supplementary Peoceedings. 
 (3) form and general requisites: 
 directed to sheriff, 1362. 
 
 unless interested, 178, 1362, 
 sheriff to endorse receipt, 1363. 
 four kinds, 1864. 
 
 defined, 1364. 
 to what counties issued, 1365, 1368, 1369. 
 contents, 1366, 1369. 
 
 on justice's transcript, 1367. 
 
 on money judgment, 1368. 
 after attachment, 708, 1370. 
 against executors, heirs, etc.. 506. 1371, 1814. 
 
 in both capacities, 1815, 1816. 
 
 person, 1372. 
 
 leave for, 1825-1827, 1829. 
 by personal representatives, 1376. 
 for delivery of possession, 1373. 
 seizure under, bars action to recover chattel, 1690. 
 on separate money awards, 1374. 
 within five years, 1375. 
 
 where plaintiff has died, 1376. 
 
OF CIVIL PROCEDURE. 171 
 
 [References are to Sections.] 
 Executions — Continued. 
 after five years, 1377. 
 
 leave for, 1378. 
 against decedent's estate, 1379-1381. 
 when to issue, 1379, 1880. 
 leave for, 1381. 
 against surviving debtors, 1383. 
 
 leave for, 1383. 
 sale, at auction, 1384. 
 
 notice of, defacing, 1385. 
 neglect to give, 1386. 
 stay, when not to be reckoned. 1383. 
 sheriff, purcliase bj', 1387. 
 sheriff's death or disqualification, before return, 1388. 
 
 who to act, 1388. 
 return within sixty days, 1366. 
 to what clerk, 136G. 
 
 of satisfied or unsatisfied, 1364-1267, 1372. 
 sheriff's deatli before, 1388. 
 as proof of payment, 377. 
 before action on undertaking, 597. 
 before judgment creditor's action, 1871. 
 in justices' courts, 3031. 
 sheriff, duty to enforce, 598. 
 disposing of surplus, 676. 
 fees, 3307-3309. 
 see also Sheriff. 
 in justices' courts, 3024^3048. 
 form and contents, 3025. 
 on money judgment, 3036. 
 provisions concerning, in certain actions, 3901. 
 in action for chattel, 3931, 3088. 
 on attached property, 2918. 
 to collect fines, 2977. 
 against joint debtors, 3030. 
 to be entered in justice's docket, 3140. 
 transcript to county clerk, 3017-8030, 8033, 3043. 
 constable, compelling return by, 3039. 
 compelling payment by, 8041. 
 wrongful delivery by. 2938. 
 duty after return day, .1040. 
 corrupt delay by, 3136. 
 of Albany and Troy, 3335. 
 
172 INDEX TO NEW YORK CODE 
 
 [References are to Sections. J 
 
 Executions — Continued. 
 
 in municipal court of New York city, 3230. 
 
 (3) property, exempt from levy and sale: 
 special exemptions not repealed, 1389. 
 of householders, 1890. 
 
 professional instruments, etc., 1391. 
 
 exception where plaintiff is a domestic, 1891 
 of women, 1392. 
 military pay, pensions, etc., 1393, 1394. 
 
 equipments, 1393. 
 burying grounds, 1395. 
 
 description required, 1396. 
 homestead, designation for, 1397, 1398. 
 
 of married woman, 1399. 
 
 after owner's death, 1400. 
 
 not affected by temporary suspension of residence, 
 1401. 
 
 value limited, 1403, 1403. 
 
 how cancelled, 1404. 
 sixty days' earnings, 1879, 2463. 
 in justices' court actions, 8028. 
 none, in female servant's action, 1391, 3167, 3221. 
 
 (4) against personal property: 
 
 when personal property bound by execution, 1405 
 of certain officers, not allowed, 1931. 
 preference of first delivered, 1406. 
 as against attachments, 1407. 
 of actual levy, 1408. 
 purchaser's title, before levy, 1409. 
 
 refunding price, 3058. 
 levy, on money, 1410, 
 
 on evidence of debt, 1411. 
 on pledge, 1412. 
 
 on partnership interest, application for release of, 1413. 
 undertaking for, 1414. 
 
 when undertaking inures to other creditors, 1416. 
 after attachment, 1415. 
 sale of partner's interest, proceeds, 1417. 
 conflicting creditors, 1418. 
 on real property after ten years, 1253. 
 proceedings, if claimant prevails, 1419. 
 
 inquest not to affect rights, 1420. 
 undertaking by judgment creditor, etc., 1419. 
 
OF CIVIL PROCEDURE. 173 
 
 [References are to Sections.] 
 
 Executions — Continued. 
 
 when superseded by appeal, 1311. 
 
 by constables, 8029. 
 sale under, how made, 1438. 
 
 in action to foreclose lien on vessel, 3427. 
 
 notice of, 1429. 
 
 of perishable property, 3175. 
 
 by constable to purchaser in good faith, 3058. 
 
 surplus, payment of, 3031. 
 substitution of indemnitors, 1421-1427. 
 
 notice of application for substitution, 1422. 
 
 proofs to obtain, 1422. 
 
 terms may be imposed, 1423. 
 
 when indemnity relates to part only, 1424. 
 
 when officer is joined with indemnitors, 1425 
 
 effect of order substituting, 1426. 
 
 proceedings on, 1426. 
 
 notice of action must be given to indemnitors, 1427. 
 (5) against real property, sale, redemption : 
 in action to enforce mechanic's lien, 3408, 3427. 
 in action for dower, appeal does not stay, 1616. 
 may be levied upon after ten years, 1252. 
 " real property " includes what, 1430. 
 intrust, when liable, 1431. 
 equity of redemption, when exempt, 1432. 
 direction endorsed, 1433. 
 sale, public notice of, 1434. 
 
 description, 1435. 
 
 irregular, penalty, 1436. 
 
 by separate lots, 1437. 
 
 certificates of, 1438. 
 
 record of, etc., 1439. 
 
 purchaser's title, 1440. 
 
 rights, before title, 1441, 1654. 
 refunding price, 1440, 1479. 
 
 where sale to take place, 1242. 
 
 security upon, 1243. 
 
 conveyance upon, what to state, 1444. 
 
 tenants dispossessed, 2232, 2235. 
 
 sheriff's fees on, 3307. 
 debtor, waste by, restrained, 1442-1444. 
 
 contempt, confinement, 1443, 1444. 
 
 discharge, 1445. 
 
174 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Executions — Continued. 
 
 redemption, when and how, 1446. 
 
 by whom, 1447, 1450. 
 
 annuls sale, 1448. 
 
 after one year, 1449, 1450. 
 
 by other creditors, 1451, 1452, 1453. 
 after fifteen months, 1454. 
 where and how made, 1455. 
 
 by original purchaser, 1456. 
 
 second by same creditor, 1457. 
 
 where lien partial, 1458. 
 
 by joint tenants, 1459. 
 
 same by creditor, 1460. 
 
 despite agreement, 1461. 
 
 payment, to whom, 1463. 
 
 certificate of satisfaction, 1463. 
 
 evidence required for, 1464-1466. 
 sheriff's duty, 1467. 
 
 by creditor, when complete, 1465. 
 
 when it takes effect, 1468. 
 
 certificate of, recording, 1469, 1470. 
 
 if sale by coroner or person especially appointed, 1477, 
 1478. 
 conveyance after time to redeem, 1471. 
 
 executed by sheriff, 1471. 
 
 conveys what, 1471. 
 
 to purchaser or assignee, 1473, 1474. 
 
 to executor, 1473. 
 
 if sheriff dies, etc., 1475, 1476. 
 
 delivery of papers or money, 1476. 
 evicted purchaser, remedies, 1479. 
 further execution, purchaser protected, 1480. 
 contribution, between realty owners, 1481, 1483. 
 
 order of, 1483. 
 
 enforcing by original judgment, 1484. 
 lien of judgment, preserving for, 1485. 
 
 entry on docket, 1486. 
 will not issue after purchase on execution, 1495. 
 (6) against the person : 
 of certain oificers, not allowed, 1981. 
 form and requisites, 1366, 1873. 
 
 on judgment in favor of working women, 3167, 3321. 
 against joint debtors when all are not served, 1934, 1935. 
 
OF CIVIL PROCEDURE. 1/5 
 
 [References nro to Sections.] 
 
 Executions — Continued. 
 when may issue, 1487. 
 
 when city court may relieve from imprisonment, 3] 63. 
 when against %Pomen, 1488. 
 after execution against property, 1489. 
 at same time against property, 1490. 
 
 leave of court, 1490. 
 subsequent, restricted, 1491. 
 against debtor for escape, 1493. 
 against property after escape, 1498. 
 
 after death of debtor in custody, 1493. 
 prisoners confined by reason of : 
 
 discharged by petition, 2197, 2200-2318. 
 how kept, 110. 
 length of time. 111. 
 
 provisions as to sick prisoners, 127, 3163. 
 jail liberties for, 149. 
 after discharge, 1494. 
 discharge from, for delay, 573. 
 prerequisite to suing bail, 597, 599. 
 in action against joint debtors, 1934, 1935. 
 in justices' courts, 2977, 3018, 3026, 3033-3037. 
 relief from, by habeas corpus, 2278. 
 when not to issue against municipal officer, 1931. 
 new execution not to be enforced against real property sold, 
 
 1495. 
 see Judgment Debtor. 
 
 Execution of Civil Mandates, 100-109. 
 
 see Mandates. 
 
 Executors and Administrators: 
 
 (1) miscellaneous provisions : 
 
 appeals by, from surrogate's decree, 8576, 2578-2580. 
 
 certain sections of code made applicable, 2575. 
 
 effect as stay, 2583. 
 
 security on, 1313 2577 . 
 accounting by successor of deceased, 3606. 
 accounting by, at instance of sureties, 813. 
 accounts of, evidence in action against heirs, 1848. 
 
 decree settling, to be recorded by suiTogate, 2498. 
 apportionment to, of rents, etc., 2720. 
 
 enforcement, 2730. 
 
176 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Executors and Administrators — ConMnwed. 
 arrest of, when exempt from, 555. 
 assets what are, 2713. 
 
 defined, 2514. 
 assets held by, evidence of, 2552. 
 bond of, 2595-2609, 2638, 2645. 
 citations to, on application for revocation of probate, 2649, 
 
 2650. 
 consent of, to discharge insolvent debtor, 2153, 2160. 
 costs, to or against, 2558, 2562-2564, 3346. 
 how awarded, 18S5. 
 when awarded, 1836. 
 counterclaim when plaintiff is an, 506. 
 when defendant is, 505. 
 
 in justices' courts where executor is a party, 3946. 
 county treasurer, when to administer, 2660. 
 
 as ex-oiHcio public administrator, 2665-2667. 
 in what cases, 3665. 
 with what power, 3665. 
 surrogate's order to, 2665. 
 inventory, penalty, 2665. 
 bond, letters, 2666. 
 compensation, 3666. 
 authority of, how and when superseded, 3666, 3667. 
 assets delivered to successor, 3667. 
 suits commenced by, how continued, 3667. 
 death of, 3606. 
 debts by, to testator: 
 
 when no discharge by legacy, 2714. 
 discharge void as to creditors, 2714. 
 compelling testamentary trustee to pay, 2804. 
 deed to, of land purchased at sheriff's sale, 1473, 1474. 
 delivery of assets by, to husband or wife, provisions con- 
 cerning in action by creditor against legatees, etc., 
 1841. 
 deposit of securities by, to reduce bond. 2595. 
 disagreement as to custody of property, 3602. 
 
 surrogate's power, 2603. 
 dower in lands undar contract of purchase, 3794. 2795. 
 effect of letters to, 3591, 3593. 
 
 execution by and against, 1371, 1839; see Executions (3). 
 false pleading by, 1831. 
 general powers over by surrogate, 2473-3483. 
 
OF CIVIL PROCEDURE. 177 
 
 [References are to Sections. J 
 
 Executors and Administrators — ComimMed. 
 husband's liability for wife's debts, 2660. 
 
 limited by assets, 2660. 
 
 failure to administer, assets presumed, 2660. 
 included in trustees, when, 2514. 
 inventory of, may be contradicted, 1832. 
 liability of, for money received, 2596. 
 liability of person not authorized to act as, 2706. 
 liability for uncollected demands, 1833. 
 
 qualification, 1834. 
 oath of before issuance of letters, 2594. 
 may appear to support or oppose probate, 2617. 
 may sue in justices' courts, 2865. 
 motion by, to set aside judgment, 1284, 1287. 
 not named in letters not to act, 2613. 
 of mortgagor, barred by foreclosure, 2895. 
 of. deceased legatee, must be cited on application for revoca- 
 tion of probate, 3649. 
 petition by, for probate, 2614. 
 power of, pending appeal from pi-obate or issuing of letters 
 
 2582, 3583. 
 preference in payments by, 1855. 
 
 presentation of claims to, neglect of, does not bar action, 1837. 
 public administrator in New York, when entitled to letters, 
 2643, 2660; see New Yoek City, etc. 
 
 of Kings county, appointed, 2669. 
 
 term, oath, bond, 2669. 
 
 commission, 2669. 
 
 duties and power, 3669. 
 
 when entitled to administer, 2669. 
 punishment of, for contempt, 2555, 2579. 
 qualification of, oath, 2594. 
 
 deposit of securities to reduce penalty of bond on, 2595. 
 
 before issuance of letters, 2645. 
 
 new bond in certain cases, 3597, 2598. 
 
 order limiting time for, 2642. 
 receiver as successor of, 1869. 
 redemption by, 1464-1466. 
 release of sureties for future breaches, 2600. 
 removal of for failure to give new bond, 2599. 
 rents and annuities, apportionment of, 2720. 
 renunciation by, in writing, 3639. 
 
 retraction, when, 2639. 
 
178 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Executors and Administpatops — Coji^Kwed. 
 sales of personal property, how made, 2717. 
 not on credit in New York city, 2717. 
 order of disposal, 2717. 
 
 executor, etc., when not liable for loss, 2717. 
 selection of, pursuant to will, 2640, 3641. 
 successor may prosecute official bond, 3608. 
 supplementary letters to, 2613. 
 surrogate named as, disqualified, 2496. 
 surrogate's power over, 2472; see SuRRoeATES, Etc. 
 surrogate not to act as counsel for, 2495. 
 surrogate may direct custody or deposit on disagreement of, 
 
 2603. 
 suspension of proceedings by, on application for revocation 
 
 of probate, 3650. 
 taking possession without authority, 2706. 
 
 liable to account, 2706. 
 in damages, 2801. 
 
 no retention for debts, 2706. 
 undertaking by, 812. 
 who incompetent to serve as, 2612. 
 when included under testamentary trustees, 2514. 
 will delivered to, when, 2635. 
 
 duty to record, 2633. 
 
 fees on, 2684. 
 
 when to qualify under, as, 3636. 
 (2) actions against executors, etc.: 
 as representative, 1814. 
 costs, 3246. 
 
 security for, -3371. 
 in dual capacity, 1815, 1816, 1860. 
 
 judgment, 1815. 
 
 separate docket, 1816. 
 
 separate execution, 1816. 
 against several, answers, 1817. 
 
 bringing all in, 1817. 
 
 unnecessary parties, 1818. 
 evidence in, 839, 836, 1834. 
 
 when may issue execution in his own name, 1829. 
 on bond after return of execution, 2607. 
 on bond by successor, 2608. 
 
 on bond when no successor has been appointed, 2609. 
 on disputed claim, 1822. 
 
OF CIVIL PROCEDURE. 1/9 
 
 [References are to Sections.] 
 
 Executors and Administrators — CowiinMed. 
 
 who has been superseded, 1830. 
 for legacy, limitations, 1819. 
 
 guardian's bond, 1830. 
 how barred, 1821. 
 
 limitations of, 383, 890, 391, 403, 403, 1822. 
 real propertj- of decedent not bound by judgment against 
 
 executor, 1823. 
 pleading, counterclaim, 505, 506, 2946. 
 
 want of assets, not to be pleaded, 1824. 
 
 no personal liability for false, 1831. 
 jurisdiction, justice of peace, when, 2863, 2865. 
 
 Yonkers city court, none, 3204. 
 abatement, none by death, 766, 1838. 
 partition, 1538. 
 preferred causes, 791. 
 inability of creditor to collect, when he may proceed against 
 
 heir, 1848, 1850. 
 for failure to exempt property, 2724. 
 on executor's bond, 2607, 2608, 3731. 
 when also trustees, do not afifect trusteeship, 2819. 
 
 exceptions, 2819. 
 inventory as evidence, 1833. 
 
 liability on, 1833. 
 
 qualification of last two sections, 1834. 
 security for costs discretionary, 3271 
 judgment, effect on realty, 1823. 
 execution, leave to issue, 1825. 
 
 how procured, contents of order, 1836. 
 
 security from legatee, 1827. 
 costs, when awarded, 1835, 1836, 3346. 
 proceedings against, by creditor for payment of claim, 3717- 
 
 2719. 
 (3) actions by executors, etc.: 
 to discover property withheld, 3707. 
 
 proceeding thereupon, 3708, 3710. 
 
 who may act in surrogate's absence, 3708. 
 
 examination and decree, 3709. 
 
 security to prevent decree, 3710. 
 
 execution, 3710. 
 for causing death, 1903-1905. 
 costs, 3346. 
 evidence in, 839, 836. 
 
l80 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Executors and Administrators — Contmtted. 
 against beneficiary for costs, etc., 1916. 
 jurisdiction, county courts, 340. 
 
 justices' courts, 3862, 2865. 
 security for costs, discretionary, 3371 
 
 on appeal, 1312. 
 counterclaim, 506, 3174. 
 limitations of, 392, 402. 
 preferred causes, 791. 
 beneficiary's name unnecessary, 449. 
 for specific performance against infant or lunatic, 2345, 
 
 2346. 
 execution by, on former judgment, 1839. 
 (4) letterfs of administration: 
 defined, 2514, sub'd 5. 
 who entitled to, 2660. 
 order of preferment : 
 
 husband or wife, 2660. 
 next of kin, 2660. 
 
 preference among, 2660. 
 executor, etc. , of sole legatee, 2660. 
 public admiuistrator in New York, 2660. 
 
 in Kings, 2669. 
 treasurer in other counties, 2660. 
 creditor (first applying), 2660. 
 other competent person, 2660. 
 guardian, for minor entitled to, 2660. 
 who incompetent to receive, 2661. 
 petition, 2662. 
 
 jurisdictional facts to be shown, 2663. 
 citation, to whom, 2663. 
 to creditors, 2663. 
 to persons interested, 2663. 
 to attorney-general, 2663. 
 to public administrator, 2663. 
 renouncing right to. 2663. 
 persons not cited, appearance, 2663. 
 decree awarding, 3663, 
 bond, requisites of, 2(i(i-l 
 hearing, 2666. 
 revocation, causes for, 2684-2686. 
 
 accounting on, 2687. 
 see also (9) infra. 
 
OF CIVIL PROCEDURE. l8l 
 
 [References are to Sections. J 
 
 Executors and Administrators — Oontmued. 
 
 (5) executor with will annexed : 
 who to apply for, 3643. 
 application, petition, etc., 2644. 
 qualification of, 2645. 
 
 bond of, 2645. 
 
 (6) temporary administration . 
 when allowed, 2670. 
 
 on petition or order, 2670. 
 
 on county treasurer's application, 2670. 
 
 general power, 2672. 
 
 settlement of account of administrator, when may be com. 
 
 pelled, 2737. 
 notice to creditors, 2673. 
 payment of debts, 2674. 
 power over realty, 2675. 
 of estate of absentee, 3676, 3677. 
 deposit of moneys, 3678. 
 
 compelling, 2679. 
 
 withdrawal, 3680. 
 collectors, powers of, 2683. 
 notice, how given, 2681. 
 certain provisions as to time in, 3673. 
 special administrator's power, 2683. 
 
 (7) letters testamentary; bond; inventory; administration: 
 general power of surrogates' courts over, 2473. 
 
 provisions concerning, 3473-2483. 
 on will of non-resident, copy to be sent to Secretary of State, 
 
 3503. 
 letters, granting by surrogate, 2590. 
 
 signing and testing, 2590. 
 
 conclusion of authority, 3591. 
 
 first, exclusive, 2592. 
 
 successive, time reckoned, 2593. 
 
 official oath before, 2594. 
 
 revocation, effect, 2603, 2604. 
 successor, 2605. 
 
 accounting, 2606. 
 
 supplementary, 2613. 
 
 when they may be issued, 2613. 
 
 with will annexed, 2613, 3643, 2644. 
 bond, deposit to reduce, 2595 
 
 preservation of, 2595. 
 
1 82 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Executors and Administrators — OoufrnMed. 
 
 surrogate's discretion, 2597, 2598. 
 new, order for, 2597. 
 
 effect of failure to give, 2599. 
 sureties, liability, 3596. 
 
 rights, 2600. 
 
 change of, 2601. 
 action on, when, 2596, 2607-3610. 
 
 by successor, 2608. 
 
 by aggrieved person, 3609. 
 executors: 
 
 when incompetent, infant, alien, convict, drunkard, not 
 
 speaking English, etc., 2613. 
 how substitutes may be named, 2612. 
 supplementary letters, after removal of disability, 3613 
 power before letters, 3613. 
 assets to go to, 2712. 
 disagreement of, 2602. 
 
 deposit of funds, 3602. 
 order for, 2602. 
 
 disobedience to, 2603. 
 of deceased, accounting by executor of, 2606. 
 unauthorized, accounting by, 2706. 
 inventory, compelling return of, 2715, 3716. 
 by county treasurer, 3665. 
 duty to make, 3714, 2715. 
 application for, 2716. 
 appraisers, appointment, 2711. 
 
 compensation, 3711. 
 
 notice, 2711 
 
 oath, 3711. 
 
 proceedings, 3711. 
 appraisal, 2711. 
 
 what to be deemed assets, 3712. 
 contents of, 2714. 
 return to surrogate, 2715. 
 
 how compelled, 2716. 
 
 by one executor, 2715. 
 aflSdavit attached to, 2715. 
 supplementary, 3714. 
 assets included in, 3713. 
 what excluded, 3713. 
 heir's rights unimpaired, 3713. 
 
OF CIVIL PROCEDURE. 183 
 
 [References are to Sections.] 
 
 Executors and AdmimstraXors — Continued. 
 certain exemptions included, 2713. 
 
 for widow, 3713. 
 
 for minor, 2713. 
 
 for husband, when, 2713. 
 proceedings for neglect to exempt, etc. , 2724. 
 debts secured by bond and mortgage, 2712. 
 specie and bills, 2712. 
 claims against executor, 2714. 
 
 discharge of. in will, not valid against creditors, 2714. 
 order of distribution of, 2732. 
 
 (8) ancillary letters : 
 
 what law governs testamentary disposition, 2694. 
 
 general provisions as to executor relate to ancillary letters, 
 
 2702. 
 on foreign probate, 2695. 
 
 evidence of, 2703, 2704. 
 on foreign administration, 2696. 
 to whom granted, 2697. 
 petition, citation, 2698. 
 bond for, 2699. 
 disposal of assets, 2700. 
 paying debts in this state, 2701. 
 powers, etc., under, 2702. 
 
 (9) revocation of letters : 
 causes, 2684. 
 
 for incompetence, etc., 2685, sub'd 1. 
 
 for improvidence, 2685, sub'd 2. 
 
 for refusal to obey direction of surrogate, 2685, sub'd 3. 
 
 for fraud in obtaining, 2685, sub'd 4. 
 
 for failure of executor's circumstances to give security, 
 2685, sub'd 5. 
 
 for removal from state, 2685, sub'd 6. 
 
 where contingent, and contingency has happened, 2685, 
 sub'd 7. 
 
 where absentee has returned, 2685, sub'd 8. 
 decree revoking not stayed by appeal, 2583. 
 petition by interested party, 3685. 
 
 citation, 2686. 
 
 contents, 2685. 
 
 decree, 2603-2605, 2687. 
 
 effect of, 2603-2605, 2688. 
 surrogate's discretion, 2686, 2689. 
 
l84 INDEX TO NEW YORK CODE 
 
 [ReferenceB are to Sections. ] 
 
 BxecutoFS and Administrators — Conhnued. 
 
 petition by executor, 2689. 
 
 proceedings on, 2690. 
 of temporary administrator, causes, 2685, sub'd 8. 
 testamentary trustee not affected by, 2688. 
 by surrogate without petition, 2691. 
 when no successor on, of one, 2692. 
 
 of all, 2693. 
 successor may compel accounting, 2605. 
 
 suing on predecessor's bond, 2608-2610. 
 
 (10) aid and control of executors, etc.: 
 liability of unauthorized person, 2706. 
 discovery of property withheld, 2707. 
 
 executors' petition, 2707. 
 
 citation, 3707. 
 
 in another county, 2707. 
 
 disobedience, contempt, 2708. 
 
 service of, 2708. 
 if surrogate absent, 2708. 
 examination, 2709. 
 
 contempt on, 3709. 
 answer of ownership, 2709. 
 decree, 2709. 
 
 security to prevent decree, 2710. 
 warrant to seize property, 2710. 
 inventory, commitment to compel, 2716. 
 discharge, 2716. 
 
 payment to creditors, legatees, etc. , 3733. 
 citation for, 3722. 
 decree, when denied, 2722. 
 
 granting on security, 2723. 
 setting apart property for survivors, 3734. 
 
 citation, 2724. 
 
 on judicial settlement, 3734. 
 
 (11) accounting and settlement uf estate: 
 costs and fees, 2560-2562. 
 
 at instance of sureties, 812. 
 intermediate, voluntary, 2725, 2802. 
 compulsory, when, 2723, 2735, 2803, 2807. 
 petition, by whom, 2723, 2807. 
 citation and hearing, 2733. 
 decree, 2722. 
 
 when refused, 2722. 
 
 when conditioned on security, 8723. 
 
OF CIVIL PROCEDURE. 185 
 
 [References are to Sections.] 
 
 Executors and Administrators — Conh'nued. 
 
 acjounts, evidence in certain actions against heirs, 1848. 
 judicial settlement, when required, 3736, 2807. 
 
 from temporary administrator, 2726. 
 
 petition by creditor, etc., 3737. 
 
 by executor, 3738. 
 
 consolidating, 3737. 
 citation, hearing, 2728, 3809. 
 persons not cited may appear, 3728. 
 rebuttal of inventory upon, 1833. 
 order for, contempt of, 3727. 
 verifying, 3739. 
 
 vouchers, dispensing with, 3739. 
 examination by surrogate, 3739. 
 compensation of executor, 3730. 
 executor's claims, 3731. 
 
 limitation of, 3731. 
 order of distribution of assets, 3733. 
 allowance for lost assets. 2729. 
 conclusive of what facts, 8743. 
 decree as evidence of assets, 3553. 
 payment and distribution, 2743. 
 specific property delivered, 3744. 
 
 appraisement of, 3744. 
 money detained for claims, 3745. 
 
 disposition of, 2745. 
 infant's legacy or share, 2746. 
 
 guardian, payment to. 3746. 
 bond, 2746. 
 
 to account, 2746. 
 court's control, 2746, 
 
 other provisions, 2746. 
 unknown person's legacy, etc., 2747. 
 
 into state treasury, 3747. 
 
 claims, determination, 2747. 
 
 notice to attorney-general, 3747. 
 payment, 2747. 
 legacies unpaid after two years, 2748. 
 
 paid to county treasurer, 2748. 
 surrogate's record book of decrees settling accounts, 2498. 
 by executor of deceased executor, 2606. 
 (13) commissions and compensation of: 
 allowed on accounting, 3730. 
 
1 86 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Executors and Administrators — Contint^ed. 
 
 apportionment to several, 2730. 
 for receiving and paying out, 3730. 
 
 regulated by amounts, 2730. 
 when full compensation to each, 2730. 
 specific, by will, 2730. 
 
 renouncing, 3730. 
 in various capacities, 3730. 
 
 right to elect, 2730. 
 
 (13) payment of debts and legacies: 
 decree directing, evidence of assets, 2553. 
 sale of personalty, 2717. 
 
 regulations, 3717. 
 
 of what first, 3717. 
 order of payment, preference, 8719. 
 of debts not due, 3719. 
 of rents, 3719. 
 of debts to executor, 3719. 
 claims, notice to present, 3718. 
 
 vouchers with, 3718. 
 
 reference to settle, 2718. 
 costs on, 2718. 
 
 not presenting, effect, 1837, 2718. 
 
 action on disputed, 1822. 
 
 apportionment of rents, etc., 2720. 
 
 legacies, when to be paid, 2721. 
 
 bond by legatee, 2721. 
 
 specific first, 2721. 
 
 general pro rata, 3731. 
 petition to compel, 3723. 
 order of payment, 2719. 
 preferred debts, 1855, 2719. 
 
 fraud in, 2719. 
 
 (14) sale of real property to pay debts and funeral expenses : 
 trial by jury, 2547. 
 
 what property subject thereto, 3749 
 funeral expenses defined, 3749. 
 petition, when, by whom, 3750. 
 
 extending time for, 3751. 
 
 lis pendens on, 2751. 
 
 contents, 2752. 
 
 ignorance of facts, 3753. 
 citation, to whom, 2754. 
 
OF CIVIL PROCEDURE. 187 
 
 [References are to Sections.] 
 
 Executors and Administpators — Continued. 
 hearing, 3755. 
 
 heirs, etc., intervention of, 3755. 
 creditors, intervention of, 3755. 
 claims, limitation of, 3755. 
 proofs of debt, 8756, 3757, 3788. 
 decrees as to debts, 3758. 
 
 facts to be proved for, 3759. 
 vouchers with, filed, 2758. 
 decree to mortgage or lease, 2759, 2760. 
 
 appraisal for, 3760. 
 sale, decree for, etc., 2761. 
 of contract for lands, 3779. 
 form of, 3765. 
 how, where, when, 2772. 
 postponing, 3762. 
 in parcels, how, 3763, 2773. 
 of undivided interest, etc., 2764. 
 of contract for purchase, 3779-3783. 
 partial sale when, 3781. 
 what passes under such sale, 2788. 
 on credit, 2771. 
 who not to purchase, 3774. 
 confirming, 3776. 
 report of, to be filed, 2775. 
 vacating, resale, 2775. 
 order to confirm, when to be made, 2776. 
 purchaser from heir, 2777. 
 effect of conveyance, 2778. 
 purchaser, bond by, 2780. 
 
 title of, 3784. 
 executor to give bond, 2766. 
 
 otherwise substitute to be appointed, 2767. 
 
 executing decree for sale, 8768. 
 
 death of, before completion, 3770. 
 
 order to, as to distinct parcels after appeal, 3769. 
 guardian in such actions, presumption as to, 2785. 
 proceeds to be paid into court, 2786. 
 distribution of proceeds, 2793. 
 
 by county treasurer, 2793. 
 
 publication of notice, 2787. 
 
 hearing, 3788. 
 
 further proof of debts, 2788. 
 
l88 INDEX TO NEW YORK CODE 
 
 I References are to Sections.] 
 
 Executors and Administrators — Continued, 
 further sale, 2789. 
 supplementary decree, 2791, 2792. 
 appeal from, 2791. 
 how made, 2793. 
 claims to surplus, 2790. 
 
 dower in lands under contract to purchase, 2794. 
 dower fund, investing, 2795. 
 infant's share, disposition, 2796. 
 foreclosure action, effect, 2797. 
 surplus to surrogate, 2798. 
 distribution, 2799. 
 investments, securities, leases, 2800. 
 discovery of assets, restitution, 2801. 
 executor's fees on sale. 2563. 
 
 in lieu of commissions, 2564. 
 (15) distribution of personalty after paying debts and 
 
 legacies: 
 to widow and children, 2732. 
 to parents, 2732. 
 to brothers and sisters, 2732. 
 to decendants, 2732. 
 to collaterals, 2782. 
 by representation, rule of, 2732. 
 to half-blood relatives, 2732. 
 to posthumous relatives, 2732. 
 applies to married women's estates, 2734. 
 advancements, rules governing, 2733. 
 husband's share same as wife's, 2734. 
 unclaimed sliares paid to county treasurer, 2748. 
 see also Apportionment ; Guakdian and Ward : Heirs ; 
 Legatees, Etc.; Letters; Plblic Administrator; Sur- 
 rogates, Etc.; Wills. 
 
 Exemplication: 
 
 comparison with original, 957. 
 
 when without charge, 3290. 
 
 of appointment of trustees of convict, 2226. 
 
 of decree as to heirship, 2657. 
 
 of foreign letters, 2704, 2839, 2841. 
 
 of probate of will, 2629-2634, 2703, 2704. 
 
 of record of conveyance. 947. 
 
 see also Certificates Etc. ; Evidence ; Transcripts. 
 
OF CIVIL PROCEDURE. 189 
 
 [References are to Sections.] 
 
 Exemptions: 
 
 from arrest, 119, 553, 564, 565, 860-864, 1488, 1921, 3188-2199, 
 
 2894, 3369. 
 from execution, 1389-1404 ; see Executions (3). 
 from execution in justices' courts, 3028. 
 from liability, of jurors, 1192. 
 
 from proceedings by creditors, 1879, 3463; see also Liability. 
 from jury duty, 1030-1034, 1081-1083, 1127-1131; see Jury, 
 
 Etc. 
 from sale for decedent's debts, 3713, 2724, 3749. 
 
 Exempt Property: 
 
 for widow and children of deceased, 2713. 
 proceeding for neglect to set apart, 3734. 
 from levy and sale, see Executions. 
 
 Exoneration of Bail, 591-601; see Bail. 
 
 Ex Parte Affidavit: 
 
 «lien to be received in justice's court, 3004. 
 
 Expected Party: 
 
 examination before trial, 870-886; see Depositions. 
 
 Express Companies: 
 
 service upon, 2881, 2883. 
 
 see also Common Cabriees; Corporations. 
 
 Express Trust: 
 
 suits by trustee of, 449; see Trusts, Etc. 
 
 Extension: 
 
 of time, 780-785. 
 
 of time to plead by corporation in action upon note, 1778; see 
 Time. 
 
 Extortion: 
 
 penalty for, 3283. 
 
 Extra Allowance: 
 
 in addition to costs, 3253-3254. 
 
 where trial by court, it must fix a.mount, 1023; see Costs. 
 
 Fact: 
 
 question of, presumption as to, in court of appeals, 1 338 
 issues of, see Issues. 
 
190 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Fact — Continued. 
 
 question of, on appeals, 1337, 1338; see EXCEPTIONS, ETC. 
 specific question of, order for trial by jury, 970, 1003. 
 discretionary, 971. 
 judgment after, 1335. 
 
 motion for new hearing after trial of by referee, 1004. 
 finding of may be stated separately from finding of law, 
 1032. 
 
 Factors, see Agent. 
 
 Failure of Proof: 
 
 what deemed to be, 541; see also Evidence. 
 
 Failure to Proceed: 
 
 dismissal for, 832. 
 
 False Imprisonment: 
 
 included under personal injuries, 3848, sub'd 9. 
 
 provision as to action for, in marine causes, in city court of 
 
 New York, are not exclusive, 8187. 
 on vessels, 317, 3177. 
 actions for: 
 
 limitations of, 384. 
 costs in, 8338. 
 jurisdiction of: 
 
 of New York city court, 315. 
 
 when occurring on high seas, 317, 3177. 
 none in justices' courts, 3863. 3117. 
 none in New York municipal court, 321.'>. 
 none in justices' courts of Albany or Troy. 3233. 
 by prisoner against sheriff, etc., 3035. 
 see also Imprisonment. 
 
 False Information, see False Statements, Etc. 
 
 False Name: 
 
 living under, by person against whom cause of action has 
 
 accrued. 401. 
 see also Fraud; Names. 
 
 False Pleading, see Pleadings. 
 
 False Return: 
 
 in mandamus proceedings, 3088, 2088. 
 
OF CIVIL PROCEDURE. igi 
 
 [References are to Sections.] 
 
 False Statements, Reports, Certifleates, Etc.: 
 
 by defendant, as ground of attachment, 636, 637. 
 
 by physician, to enable person to escape jury duty, 1180, 1160, 
 
 1161. 
 by person drawn on jury, 1131, 1160. 
 
 Family, see Relationship. 
 
 Fast Days, see Holidays. 
 
 Father; Father-in-Law, see Affinity; Eelationship. 
 
 February: 
 
 twelfth day of, see Holidays. 
 twenty-second day of, see Holidays. 
 
 Federal Courts: 
 
 proving copies of records of, 944; see COUBTS. 
 
 Feeble-Minded, see Idiots. 
 
 Fees: 
 
 general provisions as to, 3280. 
 specific provisions as to, unaflfected, 3354. 
 certain laws as to, excepted, 3330. 
 chapter applies to civil cases only, 3333. 
 account of, by clerk of court of appeals, 3383, 
 
 by county clerks, 3285. 
 
 by register, 8285. 
 
 what to be included in, 3386. 
 amount allowed to: 
 
 for commission from justice's court, 3335. 
 
 chamberlaiin of New York city, 3321. 
 
 commissioners in dower and partition, 1613, 3399. 
 to condemn land, 3370. 
 
 clerk of court of appeals, 3300. 
 
 committee of the person or property, 3336. 
 
 constables, for selling strays, 3093. 
 
 in Brooklyn fixed by council, 3125. 
 
 coroner, 3310. 
 
 counsel in surrogate's court, 3563. 
 
 county clerk, 3304. 
 
 county treasurer, 3331, 
 
 executors, etc., 2730. 
 
 parties upon adjournment, 3255. 
 
192 INDEX TO NEW YORK CODE 
 
 [References are to Secllons. ] 
 
 Fees — Continued. 
 
 amount allowed to jurors, 3313-3316, 3336. 
 justices: 
 
 generally, 8822. 
 
 on sale of animals, 3092. 
 
 on delivery of animals, 8097. 
 officers in surrogate's court, 2566. 
 referees : 
 
 generally, 3296, 3297. 
 
 upon order for discovery, 807. 
 
 in surrogates' courts, 2546, 2566. 
 registers, 3304, 3306. 
 secretary of state, 932. 
 sheriff, generally, 3307. 
 
 deputies, 3312. 
 stenographers, generally, 3311. 
 surrogates, generally, 2567. 
 witness, amount generally, 3318. 
 
 in surrogates' courts, 2566. 
 
 in justices' courts, 3327. 
 application of certain provisions as to, 3347, subd. 13. 
 auditing when payable by state, 3295. 
 change of provisions as to, 3331. 
 charge per folio, 3317. 
 for administering official oaths. 3289. 
 
 when officer may charge for, 3291. 
 for oaths, 3291, 3298. 
 
 none in certain cases, 3289. 
 for copy of mandate by which prisoner is detained, 2065. 
 none for searches required by state, 3290. 
 for transmitting papers, 3292. 
 illegal, those not prescribed, 3280. 
 for services not rendered, 3281. 
 treble damages for, 3282. 
 included in costs of prevailing party: 
 fees of referee on discovery, 807. 
 fees and expenses of commissioner in partition, 1555. 
 fees of officers in partition, 1579. 
 fees in foreclosure, 2402. 
 
 notice, 2403. 
 fees of witnesses, etc. , in supplementai-y proceedings, 2455. 
 in justices' courts, 2972, 3074, 3078. 
 
 services rendered and not paid for, 3329. 
 
OF CIVIL PROCEDURE. I93 
 
 [References are to Sections.} 
 
 Fees — Continued. 
 
 othei- fees besides costs, 3076. 
 upon adjournment, 8355. 
 necessary disbursements, 3356, 3259. 
 in summary proceedings, 3250. 
 in poor person's action, 461. 
 in surrogate's court: 
 of appraiser, 2565. 
 of officer, witness, etc., 2566. 
 of surrogate, 2567. 
 
 of executors and administrators, 2730. 
 of testamentai'y trustees, 2811. 
 of general guardian, 2850, 2730, 
 jail, regulated, 115, 117. 
 
 insolvent's, trustee to first pay, 2215. 
 newspaper, on legal notices, 3317, 
 refusing to publish, 3293, 
 provision for, 8293, 3294. 
 fees for administering certain oaths, 3289, 3391. 
 certain officers in New York city to receive no fees except 
 
 salary, 336. 
 of appraisers, 2565. 
 of arbitrators, 2371. 
 
 of attendants at appellate division, 243. 
 of chamberlain, 3331. 
 of city marshal, 839. 
 of clerks of courts: 
 
 in general, 3301, 3304. 
 
 application of section, 3304, 3805. 
 exceptions as to certain courts, 3303. 
 at term of appellate division, 343. 
 for naturalizing aliens, 3303, 
 of court of appeals: 
 account of, 3388, 
 generally, 3300, 
 must search on tender of, 961. 
 of justice of peace of Brooklyn, 3119, 3130. 
 of New York city court. 331. 336, 
 
 of commissioners for admeasurement of dower, 1612, 3399. 
 to condemn land, 3370, 3374. 
 in justices' courts, 3325, 
 of committee of incompetent, 3338. 
 13 
 
194 INDEX TO NEW YORK CODE 
 
 [References are to Sections. ] 
 
 Fees — Contimied. 
 of constables: 
 
 attending courts, 3bl3. 
 
 to be audited, 343. 
 
 on execution of attachment against witness, 2972. 
 by whom paid, 2972. 
 
 for sale of animals, 3091. 
 
 in Brooklyn, 3125. 
 
 reward to. forbid den, 3136. 
 
 for services. 3323. 
 tender first, 3328. 
 
 affidavit for traveling fees, 3324. 
 
 on transfer of action to another justice, 3152. 
 of coroners, 3310. 
 of counsel: 
 
 in action by poor person, 467. 
 
 in surrogates' courts, 2562, 2563. 
 of county clei-k, generally, 3304. 
 
 in N. Y. and Kings counties, 3305. 
 
 must search when fee tendered, 961. 
 
 on sale of real property, 1439. 
 
 for transcripts, 2553 
 
 for indexing will, 2684. 
 
 for exemplified copy, when costs against the state, 
 3241. 
 
 account, 3285. 
 
 when no fee, 3290. 
 of county treasurer, 3321. 
 of chamberlain in N. Y. County, 3321. 
 of criers, 248. 
 
 of executors and administrators, 2730. 
 of general guardian, 2780, 2850. 
 of judges, generally, 51. 
 
 except justice of peace, 51. 
 of jurors: 
 
 generally, 3313. 
 
 supervisors to make allowances for, 3314. 
 
 extra pay on protracted trials, 3315. 
 
 special proceedings, 8316. 
 
 in justice's court, 3326. 
 
 to be paid before service is rendered, 3328. 
 
 by whom paid, 109. 
 
 of commissioners in lunacy proceedings, 2333. 
 
OF CIVIL PROCEDURE. I95 
 
 [References are to Sections.] 
 
 Fees — Continued. 
 
 of justices of the peace: 
 
 generally, 3322. 
 
 not to take except when specially allowed, 51. 
 
 on warrant of attachment against witness, 2973. 
 who to pay, 2972. 
 
 on appeal from justice's court, 3047, 3060. 
 
 on sale of animals, 8092. 
 
 on a commission, 3335. 
 
 on delivery of animals, 3097. 
 
 special proceedings in Brooklyn, 31 18. 
 
 on furnishing transcript, 3149. 
 
 on transfer of action to another justice, 3152, 
 
 payable in advance, 3328. 
 by whom 3329. 
 of marshal same as sheriff in N. Y. city, 339. 
 of officers in surrogates' courts. 2566. 
 person prosecuting as poor person not liable for, 461. 
 of person specially authorized to issue mandates, 1388, 3156. 
 of policemen, 3125. 
 of printers, 3317. 
 of receiver, 3320. 
 of referees: 
 
 generally, 3296. 
 
 to sell real property, 3297. 
 
 upon return of order for discovery, 807. 
 
 failing to report, no fee for, 1019. 
 
 no compensation to judge acting as, 1024. 
 
 how fixed, 1613. 
 
 in surrogate's court, 2546, 3566. 
 of registers : 
 
 generally, 3304-3306. 
 
 searching, 961. 
 
 indexing will, 3634. 
 
 account, 3285. 
 of secretary of state, 933. 
 of sheriff and deputies: 
 
 to be taxed by judge, how paid, 109. 
 
 no fees where less than majority of jurors were served, 1107. 
 
 for holding goods, 1703. 
 
 on discharge from execution, 3213. 
 
 collection of fines, 3296. 
 
 before commissioners in lunacy proceedings, 3383. 
 
196 INDEX TO NEW YORK CODE 
 
 [Rererences are to SectioQB. J 
 
 Fees — Continued. 
 
 amount generally, 3307. 
 limited, 3308. 
 how collected, 3309. 
 
 compensation of constables, etc., 3312. 
 
 for sale of vessel in action to enforce lien on vessel, 3437, 
 3437, 3439. 
 of stenographers: 
 
 for copy of testimony, 85-87. 
 how paid, 88, 351. 
 
 amount, 3311. 
 of surrogates: 
 
 for searching, 961. 
 
 when not to be charged, 2501. 
 
 must be reported to supervisors, 3501. 
 
 when audited, 3503. 
 
 transcripts, 2553. 
 
 when may charge, 3567. 
 
 records of, 3498. 
 of surrogates' clerks: 
 
 how fixed, 2508. 
 
 transcript, 2553. 
 of surveyors, 1555, 1613, 3399. 
 of testamentary trustees, 3811. 
 of witnesses : 
 
 amount of, in general, 3318. 
 
 how taxed, 109; see also COSTS. 
 
 what not entitled to, 3388. 
 
 for traveling, etc., paid when served, 852. 
 
 for deposition, 874. 
 
 in surrogate's court, 2566. 
 
 besides costs, 3076. 
 
 in special proceedings, 3318. 
 
 before commissioner, 3319. 
 
 amount in justices' courts, 3327. 
 
 amount of, to be previously tendered, 3338. 
 special provisions unaffected, 3330. 
 
 prisoner ordered discharged not to be detained for, 2212. 
 taxation, when required, 3287. 
 title applies only to civil cases, 3382. 
 
 to be tendered on serving writ of habeas corpus or certiorari, 
 2000-3003. 
 
 on defective return, 2135. 
 
OF CIVIL PROCEDURE. I97 
 
 [References are to Sections. 1 
 
 Fees — Continued. 
 
 usurper of office, arrest for receiving, 1949. 
 when computed by former laws, 3331. 
 see also Costs. 
 
 Feigned issues: 
 
 abolished, 823. 
 see also Issues. 
 
 Felonies: 
 
 omission of name from jury panel, 1158. 
 deposition of persons convicted of, 877; see Evidence. 
 disqualification of attorney on conviction for, 67. 
 see also Qualification, Etc. 
 
 habeas corpus for persons confined for, 2011, 2014; see Habeas 
 Corpus. 
 
 Females: 
 
 to be kept separate from males in prison, 124. 
 except vrhen husband and wife, 124. 
 penalty for violation, 125. 
 
 Feminine Gender: 
 
 defined, Statutory Cons. Law, 8. 
 
 Ferries: 
 
 fees of county clerk for entry of license, 3304. 
 
 Fidelity Companies: 
 
 undertakings by, 811, 812. 
 
 Fiduciary: 
 
 accounting by, at instance of sureties, 812. 
 conversion of property received in fiduciary capacity; 
 
 arrest for, 549, 2895. 
 
 attachment, 637. 
 
 limitations in action for, 410. 
 
 see also Trusts, Etc. 
 
 Figure: 
 
 deemed a word in computing folio, Statutory Cons. Law, 11. 
 
 Filing Papers: 
 
 in special proceedings, 825. 
 
 time rules applicable to, see Time. 
 
 accounts of executors, see Accounts, Etc. 
 
198 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Filing Papers — Continued. 
 
 affidavit, as to change of name, 2415. 
 in attachment, 639. 
 
 consent to receive gross sum in lieu of dower or other undi- 
 vided interest, 1569. 
 
 when defendant is arrested, 563. 
 
 judgment, etc., see Judgment, Etc. 
 
 motion papers and orders, see Motions and Orders. 
 
 notice, see Notice. 
 
 of offer to pay into court in action to foreclose mechanic's 
 lien, 3413. 
 
 official oaths, see Oaths, Etc. 
 
 for papers filed with county clerk and other officers, see under 
 the title of the various officers. 
 
 in proceedings in justices' courts, 3134, 3143. 
 
 provisions as to. Statutory Cons. Law, 21. 
 
 summons and pleadings, 442, 443, 824, 1895. 
 
 notice requiring filing of pleadings, 824. 
 
 undertakings, see Undertakings. 
 
 as to time rules applicable to, see Time. 
 
 see also Certificates, Etc. ; County Clerk; RECORDma, Exf ; 
 Records, Public 
 
 Final Order: 
 
 defined, 2550; see also MOTIONS, Etc. 
 
 Findings: 
 
 submission, etc., of, 1022. 
 
 Fine and Recovery: 
 
 action by, abolished, 1688. 
 
 Fines, Penalties and Forfeitures: 
 
 (1) generally: 
 
 when actions for, cannot be maintained, 1961. 
 
 for acts done in good faith, 1961. 
 
 who must bring actions for, 1962, 
 
 jurisdiction, 1962. 
 
 execution in action for, 3026, 3032. 
 
 disposal of money collected, 1963, 1967. 
 
 account to be rendered, 1968. 
 
 application of certain sections, 1964. 
 
 forfeiture of recognizance, see Recognizances. 
 
OF CIVIL PROCEDURE. I99 
 
 [References are to Sections. ] 
 
 Fines, Penalties and Forfeitures — Contirmed. 
 
 (2) fines : 
 proceedings to collect: 
 
 schedule and certificate by clerk, 2393. 
 
 what names included, 2299. 
 warrant, issue of, 2294. 
 
 to another county, 3295. 
 how executed, 2296. 
 return, 2297. 
 proceedings if not collected, 2298. 
 action against sheriff, 2300. 
 new warrant, 2298. 
 these sections applied, 2301. 
 in N. Y. district courts, 3215. 
 in justices' courts of Troy and Albany, 3223. 
 arrest in actions to recover, 549, 2895. 
 for causing re-arrest of person discharged on habeas corpus or 
 
 certiorari, 2051. 
 for contempts, generally, 9, 14, 2366, 2381, 3284, 3385, 2871, 
 
 3875, 2974. 
 for evading or violating writ of habeas cox-pus, 2053, 2053. 
 for failure of officer to execute mandate, 103, 103. 
 imposed by final order in mandamus proceedings, 2090. 
 
 on jurors, 1073-1078, 1152-1156, 1174, 1195, 2993, 3009, 3351. 
 on witnesses, 3974-2979. 
 
 see Justices' Courts (7); see also Evidence (3). 
 imprisonment until payment of, 2385. 
 
 jurisdiction of justices' courts in actions to recover, 3863, 3863. 
 for neglect or misconduct, by constable, 99, 1196. 
 
 by sheriff, 103, 125, 130, 159, 1196. 
 for practicing or permitting practice by person not admitted 
 
 64. 
 for refusal to discover books, 808. 
 proceeds of, how disposed of, 3875. 
 remission of, 350-353, 1113. 
 taking chattels to satisfy, 1690, 1695. 
 uncollected fines as judgments, 1117. 
 for usurpation of office or franchise, 1956 
 
 (3) penalties and forfeitures : 
 actions for: 
 
 by or against certain officers, 1926-1938. 
 certain ones in name of people, 1984. 
 costs in certain , 3244. 
 
200 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Pines, Penalties and Forfeitures — CowMnwed. 
 
 limitations, 383, 384, 387, 394, 396. 
 
 place of trial, 983. 
 
 indorsement on summons, 1897. 
 
 extent of recovery, 1898. 
 
 by persons aggrieved, 1893. 
 
 by common informer, allowed, 1894. 
 
 summons, service of, 1895. 
 filing, etc., 1895. 
 
 not barred by former collusive recovery, 1896. 
 by people, 1963. 
 
 certain sections applicable, 1964. 
 
 indorsement on summons, 1897. 
 
 extent of recovery, 1898. 
 
 regulated, 1964. 
 
 proceeds of recovery, 1963. 
 duties of district attorney, 1966. 
 recognizance, how forfeited, 1965. 
 
 action on, 1966. 
 disposition of proceeds, 1967. 
 account by district attorney, 1968. 
 (4) penalties : 
 
 arrest in actions to recover, 549, 3895. 
 of bonds, etc., see Bonds; XJndbktakings. 
 for bringing suit in nam.e of another without authority, 1901 . 
 for causing re-arrest of person discharged on habeas corpus 
 
 or certiorari, 3051. 
 for concealing prisoner to avoid service of liabeas corpus, 
 
 3053, 2053. 
 for disobedience to final order discharging prisoner. 2049. 
 
 to writ of habeas corpus, 2014. 
 
 to subpoena, 853, 855. 
 
 of order of testamentary trustee to account, 2809. 
 for embracery, 1194. 
 
 execution on judgment for, in justices' courts, 3026, 3032. 
 for failure of clerk to docket judgment promptly, etc., 1248. 
 
 of county treasurer to account as temporary administra- 
 tor, 3668. 
 
 of tenant to deliver process or give notice to landlord, 
 2241. 
 for falsely swearing to claim against insolvent debtor, '^159. 
 imposed on attorney lending his name, 73 
 
 for other misconduct, 70, 71. 
 
OF CIVIL PROCEDURE. 201 
 
 [References are to Sections,] 
 
 Fines, Penalties and Forfeitures— Conimned. 
 
 jurisdiction of actions to recover, 2862, 2863, 3315, 3233. 
 for misconduct by jurors, 1193. 
 corporation counsel to prosecute for, 1119. 
 for physician giving false certificate, 1120. 
 for refusal to give information, 1121. 
 
 for refusal to deliver copy of mandate by which prisoner is 
 detained, 2065. 
 for refusal of copy of other process, 2065. 
 for refusal of judge to grant vrrit of habeas corpus or certio- 
 rari, 2020. 
 for selling on execution without notice, 1436. 
 for suffering cattle to run at large, 3082, 3083, 3092, S097. 8100, 
 
 3113. 
 for taking down or defacing notice of execution sale, 1385, 
 
 2773, 3030. 
 taking illegal fees, 3283. 
 
 for unlawful refusal to discharge prisoner, 3035. 
 for wilfully setting at large the cattle of another, 3099. 
 witness when not compelled to answer question tending to 
 
 subject him to, 837, 1805. 
 for wrongful delivery by ofiBcer of replevied chattel, 1707, 
 
 2928. 
 see also Damages. 
 (5) forfeitures: 
 action for, 1961. 
 
 limitations, 383, 384, 387, 394; see Limitations. 
 place of trial, 983. 
 for treason, action for property, 1977-1982; see Treason. 
 of corporate rights, 1798, 1805. 
 by county clerk for failure to record order in supplementary 
 
 proceedings, 3470. 
 creditors swearing falsely in insolvency proceedings, 3159. 
 execution on judgment for, 3026, 3033. 
 of lands, 364. 
 
 of office by attorney, 67-69, 75. 
 by constable, 3138, 3153. 
 by county treasurer, 3665. 
 by justice of the peace, 3138, 8153. 
 
 by officer, confining prisoners in illegal manner, 135; see 
 Jails. 
 conniving at escapes, 159; see Escapes. 
 permitting sale of liquor in prisons, 130; see Jails, Etc. 
 
202 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Fines, Penalties and Forfeitures — (7o»i<mM«d. 
 
 of office by sheriff, 125, 130, 159. 
 
 for treason, 1977-1982. 
 
 of undertakings, etc., 166. 
 
 witness, when not compelled to answer question tending to 
 
 subject him to, 837, 1805. 
 see also Escheats. 
 
 Firemen: 
 
 exemption from jury duty, 1030, 1081, 1127, 1128. 
 see also Exemptions. 
 
 Fires: 
 
 in or near jails. 135. 
 
 removing prisoners, 143. 
 
 First Judicial District: 
 
 motions in, 769, 770; see Motions and Orders. 
 
 Fixtures: 
 
 when personal property, 2712. 
 
 see also Personal Property; Real Property. 
 
 Folio: 
 
 defined, Statutory Cons. Law, 11. 
 
 Following: 
 
 defined, Statutory Cons. Law, 10. 
 
 Force: 
 
 as ground for annulling marriage, 1743. 
 
 Forcible Entry and Detainer: 
 
 forbidden, 2233. 
 
 treble damages for, 1669. 
 
 summary removal for, 2233; see Summary Proceedingis. 
 
 allegations and proof in action for, 2245. 
 
 how issues to be tried, 2247. 
 
 costs, 3349. 
 see also Real Property; Summary Proceedinos. 
 
 Foreclosure: 
 
 of mortgages by action, see Mortgages (2). 
 
 by advertisement, see Mortgages (3). 
 see Liens; Mechanics' Liens. 
 
OF CIVIL PROCEDURE. 203 
 
 [Referenres are to Sections.] 
 
 Foreign: 
 
 bills of exchange, see Bills, Etc. 
 
 committee of lunatic, when to be appointed, 2326; see Incom- 
 petents. 
 guardian, 2838-3841; see (tUaedian and Ward. 
 conviction or acquittal, see Crime, Etc. 
 corporation generall}-, see Corporations. 
 countries, depositions taken in, see Depositions. 
 
 depositions taken in t.his state for use in, 914-919. 
 
 proof of records of, etc., 942, 932-956, 958. 
 
 wills executed in, proof of, 2611. 
 courts, actions by people in, 1971. 
 documents, authentication of, see Evidence. 
 executors and administrators, see Executors, Etc. 
 insurance companies, see Insurance. 
 judgment, arrest on, 5.52. 
 jury. 1070, 1071. 
 vessels, attachment of, 702, 705. 
 wills, see Executors, Etc. ; Wills. 
 see also Aliens.— 
 
 Foreman, see Jury, Etc. 
 
 Forfeited Recognizance, see Recognizances. 
 
 Former Statute: 
 
 when proceedings to be under, 3349. 
 effect of code upon, 3352. 
 
 Forms: 
 
 of affidavits generally, 728. 
 
 of verification of pleading, 526. 
 
 of petition for insolvent's discharge, 2151. 
 of imprisoned debtor, 2189, 2191. 
 
 of appeals, see Appeals. 
 
 of bond in general, 729, 730. 
 
 of certificate of execution of commissioner to take deposition, 
 902, 903. 
 
 of executions against joint debtors, 1934. 
 
 of indorsement on summons in action for penalty or for- 
 feiture, 1897. 
 
 on summons in matrimonial actions, 1774. 
 
 of notice of service of summons without the state, or by- 
 publication, 442, 448. 
 
204 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 FoFms — Continued. 
 
 of oaths and affirmations, 845, 851, 2998, 3000, 3006. 
 
 see also Motions and Orders. 
 
 of petition and affidavit for discharge of insol^ent debtor 
 
 from imprisonment, ?203, 3304. 
 of pleadings, 518-546. 
 of schedule and affidavit by petitioner in insolvency, 2162, 
 
 2163, 2190, 3191. 
 of summons, 417, 418, 
 
 of undertakings, 575, 729, 730; see Undertakings. 
 of vparrant of attachment, 641. 
 of writ of certiorari, 3032. 
 
 of habeas corpus, 2031 . 
 of writs or other process, 23-24. 
 see also Amendments; Definitions; Mistakes; Reports. 
 
 Foster Parent, see Children. 
 
 Franchise: 
 
 action against usurper of, 1948-1956; see Actions. 
 
 of corporations, see Corporations, and under the title of the 
 
 several corporations, 
 forfeiture of. see Fines, Etc. 
 see also Taxes, Etc. 
 
 Fraud: 
 
 in admission of attorney to practice, 56, 67. 
 
 in judicial proceedings, 67, 70, 619. 
 
 answer to charge of, verifying, 539. 
 
 arrest for, 549, 553, 2895. 
 
 attachment for, 635, 636, 3905. 
 
 arbitrators' award vacated for, 2874. 
 
 upon creditors, 191, 1380. 
 
 limitation of action for, 383. 
 
 false information as to liability to serve as juror, 1120, 1121, 
 1160. 
 name, 401. 
 return in mandamus, 2088, 2088. 
 
 marriage annulled for, 1743, 1750, 1751. 
 
 witness in supplementary proceedings to answer question con- 
 victing him of, 2460. 
 
 see also Evidence, Fraudulent. 
 
OF CIVIL PROCEDURE. 20$ 
 
 [References are to Sections.] 
 
 Fraudulent: 
 
 assignment, action to prevent, etc., 1871. 
 fraudulent conveyances, 3430. 
 insolvency, insolvent's discharge void for, 2136. 
 see also Fraud; Judgment Creditor's Action; Real Prop- 
 erty. 
 
 Freeholders: 
 
 to seU decedent's estate, 2765, 2767, 3770, 3774. 
 
 judicial settlement of account of, 2726. 
 
 to make partition, 1549. 
 
 to admeasure dower, 1607. 
 
 to determine compensation in condemnation proceedings, 3869. 
 
 as sureties, 579. 
 
 Freight: 
 
 agent, serving process on, 3880. 
 
 see also Chattels; Common Carriers; Personal Property. 
 
 Frivolous Pleading, see Pleadings. 
 
 Fulton County: 
 
 deemed one with Hamilton for what purposes, 382. 
 
 Funeral Expenses: 
 
 executor may pay, before receiving letters, 2613. 
 county treasurer may pay before issuing of letters, 2666. 
 judicial settlement conclusive as to amount of, 3742. 
 decedents' real property may be disposed of to pay, 3749. 
 effect of discovery of assets for payment of, upon decree 
 
 for sale of decedent's real property, 2801. 
 proceeds of sale of realty of infant or incompetent deemed 
 
 personalty for payment of, 3359. 
 
 Furniture: 
 
 what to be set off to widow and children, 2718. 
 when exempt from execution, 1390. 
 
 Future Tense, see Tense. 
 
 Gender: 
 
 defined. Statutory Cons. Law, 8. 
 
 General Assignment, see Assignments for Benefit op 
 Creditors. 
 
2o6 INDEX TO NEW YORK CODE 
 
 [itelerences are lo Sections.] 
 
 General Denial, see Pleadings. 
 General Guardian, see Guardian and Ward. 
 General Provisions, see Code of Civil Procedure. 
 General Rules of Praetiee, see Practice. 
 General Sessions, see Courts (U) (d). 
 
 General Terms: 
 
 of the city court of New York, see Courts, (11) (c). 
 see also Appellate Division. 
 
 General Verdict: 
 
 defined, 1186, 1187. 
 special findings with, 1187. 
 
 Genuineness of Paper: 
 
 admission of, 735. 
 
 refusal of, 735 ; see Evidence. 
 
 Gifts, see Grants; Trusts, Etc.; Wills. 
 
 Girl, see Age; Children; Infants; Women. 
 
 Glass: 
 
 companies, employees of, exempt as jurors, 1030. 
 
 Gold Coin: 
 
 taken upon execution to be sold, 1410. 
 
 Good Faith: 
 
 acts done in, under letters revoked, 2603. 
 
 under decision of appellate division, 1961. 
 purchasers in, see Purchasers. 
 subpoenas served in, 860-864. 
 of executor, 3717. 
 
 Goods and Chattels: 
 
 defined. Statutory Cons. Laws, 4; see Personal Property. 
 
 Gospels: 
 
 oaths by laying hand on, 845. 
 when kissing dispensed with, 846. 
 
 Government: 
 
 defined. Statutory Cons. Laws, 5. 
 
OF CIVIL PROCEDURE. 207 
 
 [References are to Sections.] 
 
 Governor: 
 
 appointments by, of officers of certain corporations in certain 
 
 cases, 1781. 
 designation by: 
 
 of place for court, 38-40. 
 of appellate divisions, 320. 
 revoking same, 232. 
 of extraordinary terms, 334. 
 
 of judge to hold term in absence of judge assigned 
 thereto, 237. 
 disqualified as juror, 1029. 
 
 fees for notices and reports to, by county clerk, 3304, 
 power and duties of, in relation to actions, appearances, 
 motions, etc., by attorney-general, 1976, 2488. 
 ordering out militia, 107. 
 
 condemnation of land for use of state, 3104, 2115, 21 16. 
 removal or suspension of justices of city court of New 
 York, 821. 
 
 Graduates, see Attorneys, Etc. 
 
 Grandchildren, see Relationship. 
 
 Grand Juries and Grand Jurors: 
 
 fees of, how prescribed, 3314. 
 fines imposed on, 33-) 1. 
 
 proceeding to collect, 2393; see Fines. Etc. 
 special provisions relating to Albany county, 1041. 
 
 Grantee: 
 
 ejectment by, in name of grantor, 1501. 
 
 Grantor: 
 
 action for waste by, 1652. 
 
 Grants: 
 
 reserving rents, action on, 1504. 
 
 void, transfer of claim founded on, 1910. 
 
 reversion after, see Reversions. 
 
 to or by aliens, see Aliens. 
 
 of lands adversely possessed, 1501. 
 
 of letters, see Letters. 
 
 see also Deeds; Real Property. 
 
 Great Britain: 
 
 wills executed in, 3611. 
 
208 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Great Seal, see Seal. 
 
 Greenwich: 
 
 time at, standard, Statutory Cons. Law, 28. 
 
 Gregorian Style: 
 
 time to be computed according to. Statutory Cons. Law, 35. 
 
 Gross Sum, see Dowee. 
 Guaranty, see Security ; Surety 
 
 Guardian and Ward: 
 
 (1) guardians ; miscellaneous provisions : 
 
 foreign, 3838-2841. 
 
 action on bond of, 2607, 2608. 
 
 accounting by, at instance of sureties, 812. 
 
 letters of administration issued to, when ward entitled to 
 administer, 2660. 
 
 appeals from orders directing payment of money by, or com- 
 mitting for contempt, 2578-2581. 
 
 oath before issuance of letters, 2594. 
 
 of life tenants, action to compel tenants' production, 2303. 
 
 ad litem, see (5), infra. 
 
 application of provisions concerning, 2610. 
 
 application to change ward's name, 2410, 3413. 
 
 court as, of infant's realty, 2360. 
 
 disagreement between joint, 2603. 
 
 efifect of appointment by particular court on subsequent pro- 
 ceedings, 2475. 
 
 enforcement of decree for payment of money by, 2555. 
 
 holding over by, as trespass, 1664. 
 
 liability for money, etc., received, 2596. 
 
 powers of surrogates' courts over, 2472, 2475, 2481. 
 
 stay of final order dispossessing, 2254. 
 
 surrogate as, disqualified when, 2496. 
 not to be counsel for, 2495. 
 
 waste by, ward's action for, 1653. 
 
 foreign, appointment here, 2336. 
 security required, 2836. 
 
 (3) general guardians ; surrogate's appointment, etc. : 
 
 appearance for infant in surrogates' courts, 2530. 
 
 appointment, surrogate's power, 2590-2610, 2881. 
 for person and property, 2831. 
 
OF CIVIL PROCEDURE. 209 
 
 [References are to Sections.] 
 
 Guardian and 'Wa.vA— Continued. 
 
 for property of married woman, 2831. 
 
 not of person, 2821. 
 petition by infant, wlien, 2822. 
 
 by married woman, 2822, 2824. 
 contents of, 2833. 
 nomination by infant, 2826. 
 citations, 2823. 
 hearing by surrogate, 2825. 
 of temporary guardian , 2827. 
 
 foregoing sections applicable, 2827. 
 term of office of, 2828. 
 infant's property considered, 2829. 
 surrogate's fees, 2501. 
 ancillary letters for foreign, 2838-2841. 
 bond or security of, 812, 2.580, 2581, 2595, 2597, 2598, 2830. 
 deposit of securities, to reduce, 2595. 
 sureties, 2830. 
 liability, 3596. 
 
 release for future breaches, 3600. 
 prosecution of, 2607-2610. 
 letters, qualifications for, 2830, 2831. 
 form and effect, 2590, 2591. 
 priority between different letters, 2593. 
 how time reckoned. 2393. 
 oath before issuance of, 2594. 
 revocation, causes, 2599, 2832. 
 citation upon, 3833. 
 hearing, 3833. 
 decree, 2833. 
 
 order suspending guardian, 2834. 
 petition, by whom, 3833. 
 by guardian, 2835. 
 proceedings upon, 2836. 
 decree, effect of, 3603. 
 appointment of successor, 3605. 
 
 accounting at instance of, 2605. 
 ancillary, to foreign, 2838-2841. 
 proceedings upon 2839. 
 effect of, 8840. 
 notice of application to change name to be given to, when 
 
 made by infant's next friend, 3413. 
 may petition for sale of infant's land, 3349. 
 14 
 
2IO INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Guardian and Ward — Continued. 
 
 may apply for change of infant's name, 2410. 
 
 have title for purpose of bringing actions in certain cases, 749. 
 
 presumptions, 3785. 
 
 discharge of, petition, 3835. 
 
 citation, 3836. 
 
 accounting, 3836. 
 
 decree, 3886. 
 
 accounting required by new guardian, 2837. 
 account and inventory by, 3842. 
 
 affidavit annexed thereto, 2843. 
 
 annual examination of accounts, 3844. 
 
 omitted or defective, 2845. 
 accounting by successor of deceased guardian, 3606. 
 judicial settlement of, 3847. 
 
 petitions by whom, 3847-2849. 
 
 citations, 2850. 
 compensation, same as executors', 2850. 
 support and education of ward, 2746, 2846. 
 
 from principal, when, 2846. 
 
 petition and order for, 2846. 
 qualification, oath and bond, 2594-3601, 2830. 
 
 deposit of securities, 2595. 
 may be appointed guardian ad litem, 469 471. 
 
 need not give security, 476. 
 may apply for sale of infant's realty, 3349. 
 
 proceedings on such sale, 2350-3356; see Incompetents. 
 may apply for change of name, 2410. 
 removal or suspension of, 3833-3834. 
 
 appeal from, 2583. 
 revocation of letters to, 3603-3605. 
 surrogate's decrees as to, records, 2498. 
 
 appeal from, 2576-3589. 
 
 enforcement of, 3550-3556. 
 resignation of, 3859. 
 payment of legacy, etc., to, 1581, 3746. 
 distribution to, 2793, 2796. 
 title of certain bonds, etc., vested in, 749. 
 security required of, 474-476. 
 application for partition by, 1590-1593. 
 to dispose of realty, 2760, 3761. 
 
 to be named in petition for sale of decedent's property, 2753. 
 restricted as purchaser, 1679, 3774. 
 
OF CIVIL PROCEDURE. 211 
 
 [References are to Sections. 1 
 
 Guardian and Ward — Continued. 
 
 service of petition upon in condemnation proceedings, 3363, 
 3363. 
 compensation to, 3372. 
 
 (3) guardians appointed by will or deed: 
 instrument appointing to be recorded, 3851. 
 general provisions as to, 3851. 
 appointment, qualification, 3853. 
 
 time extended for, 3853. 
 
 objections to, 2853. 
 security, wlien required, 3853. 
 
 petition, citation, 2853. 
 
 decree for, 2853. 
 
 what, to be given, 2854. 
 inventory and intermediate account, 3855. 
 judicial settlement with, 3856. 
 
 effect of decree, 3857. 
 removal or suspension, 3858. 
 resignation of, 2859. 
 successor, appointment, 3860. 
 
 testamentary trustees do not include, 3514, sub'd 6. 
 surrogate's powers where two or more disagree, 2603. 
 
 (4) special guardians: 
 when to be appointed, 2530. 
 proceedings on. 3531. 
 
 in will contests, 2558. 
 
 costs to, 2558. 
 in proceedings for disposition of real property, 3346, 3347, 
 
 3349, 3351, 2352, 2355, 2356, 2363, 3364. 
 in proceedings to compel committee to file annual accounting, 
 
 3341, 2342. 
 restricted as purchaser, 3774. 
 when appointment presumed, 2785. 
 when general guardian's interests are adverse, 2537. 
 in other cases, 3580, 3531. 
 in action to compel conveyance, 3353. 
 on ward's application for sale, etc., 2349, 2350. 
 
 bond and agreement, 2353. 
 surrogate's clerk, not to be, 2509. 
 in condemnation proceedings, 3363, 3372. 
 
 (5) guardians ad litem : 
 
 when court will appoint, 428, 468-477, 3537, 3363-3365. 
 when clerk to act as, 473. 
 
212 INDEX TO NEW YORK CODE 
 
 [References are to Sections. J 
 
 Guardian and Ward — Continued. 
 application tlierefor, 470, 471. 
 when infant defendant is absent, 473. 
 must give security before receiving property, 474. 
 security of, 475. 
 
 qualifioation as to general guardian, 476. 
 how guardian served with summons, 426. 
 for incompetent, 437. 
 to be competent and responsible, 471 . 
 discontinuance for non-appointment, 3075. 
 when may purchase at sale of ward's realty, 1679. 
 costs, on appointment of, 3349, 3351. 
 
 security for, from, 3268, 3270. 
 
 security for, to, 3271. 
 
 collecting from, 3249. 
 
 when liable for, 477. 
 in justices' courts, 2887, 3888. 
 in actions for partition, 1535, 1536. 
 
 security, 1586. 
 bond, in action for legacy, 1830. 
 verified pleading not required of, 523. 
 
 default, judgment by, against infant, when to be entered, 1318. 
 in condemnation proceedings, 3368-3365, 3373. 
 (6) ward: 
 
 when deemed ward of court, 2360. 
 support and education of, 3846. 
 action by, for guardian's waste, 1653. 
 
 for his holding over, 1664. 
 see also (3), supra. 
 see Infants; Incompetents. 
 
 Habeas Corpus: 
 
 (1) general and miscellaneous: 
 
 for prisoner, for contempt, 157, 3378, 3280, 3383. 
 
 for person about to be taken from state, 3054. 
 
 for life tenants, 2307. 
 
 costs on final order, how collected, 2007. 
 
 bringing up prisoner on, sheriff's fees, 3307. 
 
 return to, duty to make, 2006. 
 
 by officer, 2004. 
 
 by others, 2004. 
 
 no charge, etc., for, 2004. 
 
 time and place of, 2006. 
 
OF CIVIL PROCEDURE. 213 
 
 [References are to Sections.] 
 
 Habeas Corpus — Continued. 
 
 service of, how and by whom, 2000-3004. 
 fees upon, 2000, 2001, 3307. 
 see State Writs. 
 
 (2) to bring up person to testify: 
 a state writ, 1991 . 
 
 to bring up convicts, 2008-2010. 
 
 who excepted, 2011. 
 verified application , 2012. 
 in courts of record, 2008. 
 before body not a court, 2009. 
 in suits before justices, 2010. 
 
 by whom issued, 2010. 
 
 return, contents, 2013. 
 
 disobedience punished, 2014. 
 
 remanding prisoner, 2013. 
 
 (3) to inquire into cause of detention: 
 is a state writ, 1991. 
 
 writ to be obeyed, 2004. 
 
 certiorari, alternative, 2015. 
 
 bail on certiorari, when and how ordered, 2045. 
 
 by whom taken, 2046. 
 who entitled to, 2015. 
 
 wlien certiorari to issue upon application for habeas corpus, 
 2041. 
 
 proceedings thereupon, 2042. 
 service on Sunday, 2015. 
 when not allowed, 2016. 
 when not prevented by certiorari, 2044. 
 where offense not bailable, 2045. 
 petition, to whom, 2017. 
 
 in other county, 3018. 
 
 requisites, 2018. 
 contents of petition, 3019. 
 penalty for refusing, 2020. 
 form of writ of habeas corpus, 3031. 
 form of writ of certiorari, 2022. 
 when returnable before another judge, 3023. 
 when writ sufficient, 2024. 
 issuing, without petition, 2025. 
 return, contents. 2026. 
 
 prisoner must be produced, exception, 3037. 
 
 controverting, 3039. 
 
214 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Habeas Corpus — Continued. 
 
 of prisoner's sickness, 2027, 2040. 
 
 final order of discharge upon, 3043, 2048. 
 appeal from, 3058-3063. 
 obedience to, compelling, 2028. 
 
 warrant of attachment, 2028. 
 
 precept to sheriff, etc., 3039. 
 
 sheriff's posse, 3030. 
 inquiry into restraint, 2031. 
 
 when to be remanded, 2032. 
 
 in civil cases, 3038. 
 
 mandates, etc., excepted, 2034. 
 
 custody pending, 2037. 
 order on irregular commitment, 2035. 
 discharge of prisoner, notice before, 3038. 
 
 final order, 3048. 
 
 where prisoner is bailed, 2047. 
 
 writ of discharge abolished, 3048. 
 
 when not entitled to, procedure, 3036. 
 
 attachment to compel, 3049. 
 damages and fine, 3049. 
 
 bar, in same cause, 3050. 
 
 what deemed other cause, 3050. 
 
 violations punished, 3051. 
 concealing prisoner to evade writ, 3051. 
 penalty for aiding, 3058. 
 to prevent carrying from state, 3054. 
 
 person detaining, arrest, 2055, 3056. 
 commitment, 3057. 
 appeal, by prisoner, 3058. 
 
 by people, 3058, 3059, 3064. 
 
 when admitted to bail pending, 3060, 
 
 recognizance, 2061. 
 
 when valid for adjournment, 2064. 
 
 to court of appeals, 2062. 
 
 custody of prisoner, 2063. 
 copy of mandate by which person is held must be delivered, 3065. 
 provisions concerning, 8066. 
 see also State Writs ; Cbetioeaei. 
 
 Habitual Drunkards: 
 
 arbitration by, not allowed, 3365, 3382. 
 administration not granted to, 2612, 2661. 
 
OF CIVIL PROCEDURE. 21$ 
 
 [References are to Sections.] 
 
 Habitual Drunkards — Continued. 
 
 designation of person to be served for, 427, 438. 
 
 service of citation upon, 3526, 2537. 
 
 disposition of real property of, 2345-3364; see Incompetents. 
 
 committee of: 
 
 consent by, to partition, 1590-1598. 
 
 guardian ad litem or special guardian, when appointedfor, 
 
 428, 3527, 3530, 3531. 
 proceedings to appoint, 340,2330-3344; see Incompetents. 
 
 sheriflE's fees on, 3307, sub'd 5. 
 service of summons on, 426. 
 
 stipulation by, for open commission forbidden, 893-895. 
 proceedings to condemn property of, 3360, 3363, 3372; see 
 Incompetents. 
 
 Half Blood: 
 
 relatives of, 3660, 2732. 
 see also Relationship. 
 
 Half Holidays, see Holidays. 
 
 Half Year, see Year. 
 
 Hamilton College: 
 
 graduates of law department of, 58. 
 
 Hamilton County, see Fulton County. 
 
 Handwriting: 
 
 j)roof of, to establish will, 2620. 
 
 Headnotes: 
 
 titles and effect of alteration of. Statutory Cons. Law, 34. 
 
 Headstones: 
 
 expenses for, included in funeral expenses, 3749. 
 
 Health: 
 
 diseases, etc. , endangering, court may be removed, 40-43. 
 boards of, ordinances, etc., of as evidence, 941; see Boards. 
 
 Hearing: 
 
 preference, 789-795; see Preferred Causes. 
 of appeals in supreme court, 1355. 
 on what papers, on appeal, 135:^. 
 
2l6 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Heirs: 
 
 when common-law rights not affected, 3712. 
 actions by : 
 
 to compel conveyance, 2346. 
 
 for determination of claim, 1639. 
 
 to determine validity of probate of will, 2653a. 
 
 of ejectment, after collusive recovery, 1680. 
 
 for waste, 1653. 
 
 for partition, 1537. 
 parties to partition suit, 1588. 
 
 creditor's action against, 1887-1870 ; see Legatees, Etc. 
 damages against, for dower, 1600, 1603. 
 substituted parties on appeals, 785, 1297. 
 new trial for, in ejectment, 1525-1538. 
 citation of, on probate, 3615. 
 
 when sued in representative capacity not liable to arrest, 555. 
 executions against, 1353, 1371. 
 administration granted to, 3643. 
 
 presumptive of convict, may apply for committee of prop- 
 erty, 3320. 
 purchaser in good faith from, 2638. 
 unknown, 1583. 
 
 waiver by, as to certain testimony, 836. 
 descent cast, effect of, 374. 
 inheritance defined, 3514, sub'dl3. 
 probate of heirship: 
 
 jurisdiction as to, 2473. 
 
 citation, 3654. 
 
 appearance of persons not cited, 3655. 
 
 hearing, 2656. 
 
 jurisdiction, 3656. 
 
 facts to be established, 3656. 
 
 decree, 3657. 
 
 recording, effect, 2657. 
 vacating or modifying, 2658. 
 when vacated or modified, 2659. 
 
 see also Real Property. 
 
 Hereafter: 
 
 defined, Statutory Cons. Law, 9. 
 
 Hereditaments: 
 
 defined, Statutory Cons. Law, 3. 
 
OF CIVIL PROCEDURE. ^\^ 
 
 [References are to Sections.] 
 
 Heretofore: 
 
 defined, Statutory Cons. Law, 9. 
 
 Herkimer County: 
 
 jail liberties in, 145. 
 
 Highways: 
 
 animals at large on, 3083-3115; see Justices' Coukts; Steays. 
 
 sale of, 3086-3092. 
 
 surplus disposed of, 3093, 3094. 
 application of condemnation law to, 3388. 
 damages for taking timber to make or repair, 1668. 
 overseers, actions by, 1926-1931. 
 
 actions against, 1927. 
 
 Holding Over: 
 
 by public' officers, 1948-1956. 
 see also Summary Proceedings. 
 
 Holidays: 
 
 enumerated. Statutory Cons. Law, 24. 
 
 foreclosure sales not to be held on, 2393 ; see Sunday. 
 
 Homestead: 
 
 exempted from executions, 1397-1404 ; see Executions. 
 
 Homicide: 
 
 damages for, 1902. 
 see also Death. 
 
 Horses: 
 
 when exempt from execution, 1391-1393. 
 
 Hospitals: 
 
 evidence of physician in, 836. 
 removal of prisoners to, 127. 
 
 Hours, see Time. 
 
 Household Furniture, see Furniture. 
 
 Householder: 
 
 as bail, 579. 
 
 certain articles owned by, exempt from execution, 1890-1892. 
 homestead of, exempt from execution, 1897-1404. 
 qualified as surety, see Undertakings. 
 
2l8 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Hudson, City of: 
 
 mayor's court, jurisdiction, 4, 3196. 
 a court of record, 3. 
 transfer to supreme court, 3197. 
 
 certain papers transmitted, 3198. 
 
 powers of supreme court, 3199. 
 removals to county court, 3300. 
 witnesses, subpoenas to, 3301. 
 
 warrants for, 3301. 
 certain provisions unaffected by foregoing sections, 3303. 
 ee also Cities; City Courts; Courts. 
 
 Husband and Wife: 
 
 (1) generally: 
 
 marriage between, see Marriage. 
 
 divorce of, see Divorce. 
 
 custody of children, see Children. 
 
 action for causing death of, 1902, 1908. 
 
 against surviving, 1837, 1838. 
 
 see also Legatees, Etc. 
 administration by, 3643, 2660. 
 
 to county treasurer instead, 3665, 
 citation of, for probate, 2615. 
 
 on accounting, 2728. 
 
 for letters of administration, 3662. 
 evidence, affecting each other, 838, 2171, 2172. 
 
 when excluded, 881. 
 waiving of certain rights by, as to privileged communications, 
 
 836. 
 conveying or mortgaging exempt property, 1404. 
 distribution of estate of, 2743. 
 exempt property in case of death of, 2713, 2724. 
 insane, 3351. 
 
 not included in term " next of kin," ISTO. 
 name and residence of, to be stated in petition for appointment 
 
 of committee, 2335. 
 surviving, property set apart for, 2718. 
 
 proceedings to compel executor to set apart, 3724. 
 creditor's action against surviving husband or wife, 1837. 
 (1) husband: 
 interest in wife's realty, see Curtesy. 
 
 in her personalty, 37:^4. 
 qualifying by wife's property, 1027. 
 
OF CIVIL PROCEDURE 2I9 
 
 [References are to Sections.] 
 
 Husband and Wife — Continued. 
 
 when need not be joined, in action against wife, 450. 
 
 when testimony excluded, 831. 
 
 when testimony admissible, 831. 
 
 (2) wife: 
 
 of absentee, 2677. 
 
 executor or administrator not to prove account by oath of 
 
 his, 3729. 
 of petitioner in insolvency, 3171. 
 of prisoner. 3220, 2238. 
 of mortgagor, 3388, 3389, 3895. 
 share in husband's personalty, 2732. 
 married women: 
 
 actions brought or defended by, 450, 1206. 
 
 confession of judgment by, 1273. 
 
 estates of, 2734. 
 
 executions against property of, 1393, 1399, 1400. 
 
 infant, appointment of guardian of, 2822-2825. 
 
 letters of administration, etc., to, 2660. 
 
 release of inchoate right of dower by, 1571 ; see DowER. 
 when competent as witness, 831. 
 see also Divorce; Dower; Married Woman. 
 
 Hypothecation, see Pledge. 
 
 Idiots : 
 
 arbitrations by, forbidden, 2365. 
 
 committee of, proceedings for appointment of, 2320-3324, 3336, 
 
 2337; see also Incompetents. 
 condemning lands of, 3360, 3363, 3372. 
 employees in asylum for, exempt from jury duty, 1030. 
 exemption, from civil arrest, 554. 
 jurisdiction of county courts orer, 340, 3320. 
 
 of supreme court, 3320. 
 marriage of, 1743, 1746, 1748, 1749. 
 
 ne.xt friend of, may bring action to annul marriage, 1755. 
 not included under term lunatic. Statutory Cons. Law, 7. 
 open commission not to issue when adverse party is, 895, 
 partition of lands of, see Partition. 
 sale of real property of, 2345-2364: see Incdmpetents. 
 service of .summons on, 426-429. 
 special guardian for, 428. 
 
 in surrogates' courts, 2530. 
 
 notice of proceedings to appoint, 2530. 
 
220 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Idiots — Continued. 
 
 testioiony of person upon application for probate who has 
 become, may be used on proceedings to revoke probate, 
 2651. 
 
 Ignorance: 
 
 as disqualifying jurors, 1027, 1079, 1126. 
 
 executor or administrator, 2613. 
 see also Knowledge. 
 
 Illegal: 
 
 business by tenants, grounds for removal, 2231, 2237. 
 interference with party or witness, 14. 
 
 Illegitimate Children: 
 
 distribution of property of and to, 2732. 
 
 Illiteracy, see Ignorance. 
 
 Illness, see Sickness. 
 
 Imbeciles, see Idiots; Incompetents. 
 
 Immaterial Issues: 
 
 not to be tried, 975. 
 
 Immaterial Variances: 
 how cured, 721. 
 provisions for, 540. 
 what is failure of proof, 541. 
 
 Impeachments, court for trial of, see Courts (8). 
 
 Implements: 
 
 certain, exempt from execution, 1390-1392. 
 
 Imprisonment: 
 
 duration of person convicted under civil process, 111. 
 for contempt, 9, 14, 2266, 2871-2875 ; see ATTACHMENT; CON- 
 TEMPT, 
 none for money due on interlocutory costs, 15. 
 none for money due on contract, 16. 
 limit of, in arrest in justices' courts, 3900. 
 for failure to return inventory, 3691, 3716. 
 for not paying fines, etc.. see Fines, Etc.; Executions. 
 in justices' courts, 3032-3037 ; see Justices' Courts. 
 
OF CIVIL PROCEDURE. 221 
 
 [References are to Sections.] 
 
 Imprisonment — Continued. 
 
 of judgQient debtors, see Executions; Judgment, Etc. 
 discharge of judgment debtor from, 2300-2218; see Judgment 
 
 Debtor. 
 of defendant arrested in marine cause, 3183. 
 under execution in certain courts in favor of working woman, 
 
 3221. 
 on orders of arrest, see Arrest. 
 action to compel determination of claim not to be commenced 
 
 against criminal undergoing, 1646. 
 habeas corpus to inquire into, see Habeas Corpus. 
 care of property during, 2219-2230. 
 
 a disability under limitation statute, 37.5, 392, 896, 1291, 1596. 
 security for costs by convict, or person exonerated from. 8268, 
 
 3269." 
 discharge from, on execution against the person, 2200-2218. 
 
 3168, 3269. 
 application for, by insolvent, 2188-2199; see Insolvency. 
 see also Jails. 
 
 Improvement: 
 
 of real property: 
 
 allowance for, in action for dower, 1609. 
 
 in action of ejectment, 1531. 
 not to affect damages for withholding dower, 1600, 1601. 
 see also Condemnation Law; Dower. 
 
 Improvidence: 
 
 incapacitating executor or administrator, 2661, 2685. 
 
 Incapable Person: 
 
 summons, how served on, 487. 
 see Incompetents. 
 
 Incapacity: 
 
 of executor, 2692, 2693. 
 
 see also Disability; Habitual Drunkards; Idiots; Incom- 
 petents; Qualification, Etc. 
 
 Inchoate: 
 
 right of dower, 2348, 2351, 3361. 
 see Dower. 
 
 Incoming and Outgoing Slieriff, see Sheriff. 
 
222 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Incompetents: 
 
 (1) insane persons, miscellaneous provisions: 
 action by next friend of, 1748, 1755. 
 arbitration by, forbidden, 2365. 
 
 effect of appointment of committee after, 2383. 
 executors and administrators who are, 2692. 
 dower of widow wlio is, 1596, 1597. 
 
 sale of dower rigiit, 3348, 2350, 2363, 3364. 
 former testimony of witnesses who have become, 830, 
 
 3651. 
 owners of lands or easements condemned, see Condemnation 
 
 Law. 
 disability, under limitation statute, 375, 398, 396, 1291, 
 
 1596. 
 incapacity to marry, 1743, 1747-1749. 
 
 to appear in actions, 55. 
 exemption from civil arrest, 554. 
 special or ad litem guardian for, 427-429, 2349, 2.537, 2530, 3531; 
 
 see Guardian, Etc., (4), (5). 
 marriage of, annulling. 1743, 1747-1749. 
 service of summons upon, 436-429. 
 
 of citations upon, 3526, 2527. 
 witness becoming, former testimony of, 830, 2651. 
 
 preliminary test of, 850. 
 exemptions of employees, in asylums, hospitals, etc., 1030. 
 
 of executor or administrator. 2661, 2685. 
 
 what constitutes, 3613; see Executors, Etc. 
 
 of juror, see Jury, Etc. 
 (3) appointment of committee of lunatic, idiot or drunkard: 
 jurisdiction, county courts, 340, 3330. 
 
 supreme court, 2330. 
 duty of court, 3321. 
 duty of committee, 2332. 
 arbitration revoked by, 2382. 
 petition for, where presented, 2823. 
 
 who may apply, 232:!, 2334. 
 
 when incompetent is in a state institution, 2333a, 
 3336a. 
 costs upon, 2323b. 
 
 contents, notice, 2325. 
 contents of commission, 2328. 
 when foreign committee appointed, 2336. 
 order for trial of sanity, 2327. 
 
OF CIVIL PROCEDURE. 223 
 
 [References are to Sections.] 
 
 Incompetents — Continued. 
 
 commissioners to try sanity, oath, 3329. 
 
 jury procured for, 3330. 
 compensation, 3888. 
 sheriff's fees, 3307. 
 
 hearing and findings, 2331 . 
 
 inquisition by jurors, 2332. 
 
 return of, by commissioners, 3332. 
 
 compensation, 3333. 
 jury to try competency, 2334. 
 
 at petitioner's expense, 2334. 
 
 questions of fact for, 2335. 
 
 notice of trial, 2334. 
 
 final order on verdict, 2336. 
 
 certain sections inapplicable when proceedings instituted 
 "by state, 3336a. 
 reference, etc., to try, 2334. 
 (3) committee of lunatic, etc., duties and powers: 
 security by, 2337. 
 foreign, when may act here, 3326. 
 
 security by, 3336, 2327. 
 actions by, 2340. 
 court's control of, 2339. 
 inventory and accounts, compelling, 2341, 2842. 
 
 additional, when, 3341. 
 
 removal for neglecting, 3343. 
 special guardian appointable, 2342. 
 compensation of, 3338. 
 
 of incompetent, account by committee, for services, 
 2341. 
 service of summons upon, 436, 429 
 partition by, authority for, 1587-1593: see Partition. 
 not to consent to open commission, 895. 
 arbitration, application as to, 2382, 2383. 
 
 notice to committee, 2382. 
 party in interest, when not to testify agamst, 839. 
 discharge of, on recovery, 2343. 
 
 property restored on 3343. 
 
 on lunatic's death, 2344. 
 powers of, as to securities, etc. , 749. 
 distribution, etc. . to, before surrogate, 3793. 
 
 srrrogate's authority over. 2793. 
 actions by and against, security for costs in, 3271. 
 
224 INDEX TO NEW YORK CODE 
 
 [References are to SectioDS.J 
 
 Incompetents — Continued. 
 
 (4) disposition of real property of lunatic, infant, idiot, 
 
 drunkard: 
 action to compel conveyance, 2345. 
 
 who may maintain, 2346. 
 
 judgment for conveyance, 2347. 
 decree of specific performance, 2345. 
 petition for sale, lease or mortgage, 2348. 
 
 in what cases jjroper, 2348. 
 
 contents of, 2350. 
 
 by whom and where, 2849. 
 
 committee's bond, 2351. 
 
 special guardians prescribed, 2352. 
 for infant onlj-, 2352. 
 bond of, 2352, 2353. 
 
 reference and report on, 2354. 
 
 final order, 3355. 
 sale, when may be made, 2355-2357. 
 
 report and confirmation of, 2356. 
 
 proceeds, distribution of, 2361. 
 
 costs, 2361. 
 
 when subject to dower, 2362. 
 
 when of a particular estate, 2363. 
 
 debts thereafter paid without preference, 2364. 
 effect of deed, lease, etc. , 2858. 
 proceeds of sale, when deemed realty, 2359. 
 infant deemed a ward of court, 2360. 
 
 see also Idiots; Infants, Etc.; Insanttt; Poor; Quaufi- 
 CATiON, Etc. 
 
 Incorporation: 
 
 when need not be proven on trial, 1776; see Corporations. 
 
 Incorporeal Hereditaments: 
 
 defined, Statutory Cons. Law, 3. 
 
 Increased Costs: 
 
 in justices' courts, 3079; see JUSTICES' COURTS, 
 see also Additional Allowance, Costs. 
 
 Increased Damages: 
 
 not to carry increased costs, 3257-8259. 
 
 Indebtedness, see Debtor and Creditor. 
 
OF CIVIL PROCEDURE. 225 
 
 [References arc to Sections.] 
 
 Indefinite Deniais or Allegations: 
 
 in pleadings, remedy for, 546. 
 
 Indemnitors: 
 
 substitution of, in levy under execution, 1421-1429; see Exe- 
 cutions (4). 
 
 Indemnity : 
 
 instruments of, see BONDS; UNDERTAKINas. 
 
 Indenture, see Deeds. 
 Independence Day, see Holidays. 
 
 Index: 
 
 to books kept by surrogates, 2499. 
 
 to judgments, 1349. 
 
 to judgments in docket-book by justice of peace, 3142. 
 
 to notices of liens, 1252, 1671, 1672. 
 
 of sale, 2390. 
 to undertakings, 658. 
 of wills to be kept, 2634. 
 
 Indian Lands: 
 
 slieriflE's fees for removing intruder from, 3807, sub'd 18. 
 
 Indictment: 
 
 for contempt, not barred by summary punishment, 13, 2387. 
 bringing prisoner before court for trial of, 156 
 jurors for trial of, 3347, 3350. 
 see also Jury, Etc. ; Trials. 
 
 Individual Liability, see Liability. 
 
 Indorsement: 
 
 of bills and notes, see Bills, Etc. 
 
 action by indorser, 1916. 
 by indorsee, 454. 
 of execution, 1.S63. 
 of order of arrest, 561. 
 of summons, 425. 
 
 in action for penalty, 1897. 
 
 in action for divorce, 1774. 
 of warrant of attachment of person, 2275-3377. 
 of writ or other process, 24. 
 see also Signature. 
 15 
 
226 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Infants and Infancy: 
 
 actions and procoedings by or against: 
 
 in general, 468-477; see Guardian and Ward (5). 
 right of, to bring, 468. 
 guardian in case of, 469, 470. 
 general provisions as to guardians in sucli cases, see 
 
 Guardian and Ward (5). 
 may )iiaintain real action in own nauie, 1686. 
 action by, against guardian for waste, lij.^u. 
 guardian of, when deemed tres]msser, 1664. 
 who may apply in behalf of, for care of projierty of 
 
 criminal, 3220. 
 for change of name, 3410, 3413-3415; see Names. 
 commissions to take depositions in case of infancy ui any 
 
 party, 89i5. 
 creditors, against heirs or devisees, 1858. 
 not suspended by, 18.58. 
 
 execution in such case, 1858. 
 in condemnation proceedings, 3363, 3303, 3372. 
 defaults in, 1218, 1545. 
 guardians ad litem, and special guardians in, see Guardian 
 
 AND Ward. 
 of partition, 1534-1536, 1545, 1581, 1587, 1390, 1.592. 1.593; 
 
 see Partition. 
 preference of, 791, sub'd 5. 
 reference of, 1012. 
 relating to real property, may be brought or defended in 
 
 infant's own name, 1686. 
 for widow's dower, rights in, 1647. 
 security for costs in, 3368, 3870. 
 service of summons in, 436-438, 440. 
 submission of, to arbitration forbidden, 2365. 
 age of consent, see Age ; Divorce. 
 appearance by attorney, when cured, 731. 
 application to change name of, 2410, 2413-3415 ; see Names. 
 application for leave to use property for support of, 2746. 2846. 
 arrest, discharge from, in civil actions, 554. 
 collusive recovery of dower against, does not prejudice, 1605. 
 condemnation of lands of, see Condemnation Law. 
 costs against, how payable, 469, 3349. 
 custody of, in matrimonial actions, 1751; see Divorce. 
 exempt property of, 8718. 
 guardian holding over, 1664. 
 
OF CIVIL PROCEDURE. 22/ 
 
 [References are to Sections. J 
 
 Infants and Infancy — Continued. 
 
 letters of administration to guardian of, 2660. 
 disabilities of: 
 
 to be executors or administrators, 3613, 3613, 3661. 
 
 as jurors, 1037, 1079, 1136. 
 
 under statute of limitations, 375, 392, 896, 1391, 1596. 
 disposition of real property of, 340, 3345-2364; see Incompe- 
 tents (4). 
 guardians of, see Guardian and Waed. 
 judgment against, none to be taken by default, until twenty 
 
 days after appointment of guardian ad litem, 1318. 
 legacies and shares of, investment of, etc., 3746, 3798, 3796. 
 maintenance of, 2846. 
 
 marriage of, annullment, etc., 1742-1744, 1755. 
 partition by guardian of, 1590-1593; see Partition. 
 petition by, to settle executor's account, 3727. 
 power of country court as to, 340. 
 service of citation on, 3536, 3537, 2727. 
 
 of summons, 436-438. 
 surrogate, when not to be counsel for, 2495, 
 
 general jurisdiction of, as to, 2472. 
 trustees for, see Real Property; Trusts, Etc. 
 as witnesses, 850. 
 person over twenty -one: 
 
 admission of service by, 434, 2353. 
 
 as attorney pro se, 55, 2538. 
 see also Children ; Consolidated School Law; Guardian 
 AND Ward; Husband and Wife ; Posthumous Children. 
 
 Inferior Courts: 
 
 appeals from, to supreme court, 1340-1345. 
 see also Courts ; Justices' Courts ; Removal. 
 
 Information: 
 
 actions, etc., instituted on, 1948, 1986. 
 
 and belief, allegations on, 534. 
 
 denial of, 500, 534. 
 
 in nature of quo warranto, 1983; see Actions. 
 
 persons required to furnish, as to liability of jurors, 1121. 
 
 Informer: 
 
 action by, 387, 1894-1898; see Fines, Etc. 
 limitation of, 387. 
 
228 INDEX TO NEW VURK CODE 
 
 [Keierences are to SectioDS.] 
 
 InhcFitanee: 
 
 delined, 2514, sub'd 13. 
 see also Heies. 
 
 Injunction: 
 
 against: 
 
 creditors' actions by corporation, 1806. 
 
 corporations carrying on business, 1T87, 1803, 1809. 
 
 dispossess proceedings, BaS."!. 
 
 enforcing judgment, etfect of, 1255, 1382. 
 
 executor, by surrogate, 2481. 
 
 setting up or impeaching devise, 1866. 
 
 stay, effect of, on statute of limitations, 406. 
 
 transfers to or by debtor, 1876, 2451, 2452. 
 
 usurping corporate franchise, 1955, 1990. 
 
 waste, 1442-1445, 1081. 
 by surrogate, 2481. 
 in New York city court, 3160. 
 
 statute of limitations suspended by, 406, 1255, 1882. 
 in action to charge property of joint debtor not summoned, 
 
 1940. 
 application of certain provisions to, 3347, sub"d 5. 
 undertakings on, 812. 
 granting, when right depends on nature of action, 603. 
 
 on extrinsic facts, 604. 
 
 not on agreed case, 1281. 
 
 to restrain state officers, 605. 
 
 by whom generally, 606. 
 
 on what proof, 607, 
 
 at what time, 608. 
 
 on what notice, 609. 
 order, to recite grounds, 610. 
 
 service of, 610. 
 
 costs of procuring, 3251. 
 security upon, general rule, 620. 
 
 before trial, 611. 
 
 after verdict, 612. 
 
 after judgment, 613. 
 
 in ejectment or dower, 616. 
 
 undertaking, deposit, 614, 615, 618. 
 when dispensed with, 619. 
 action on, 625. 
 
 new, discretionary, 629. 
 
OF CIVIL PROCEDURE. 229 
 
 [References are t'o Sections.] 
 
 Injunction — Continued. 
 
 dispensing with, in special cases, 631. 
 
 not required of state, etc., 1990. 
 staying proceedings by, 611, 614. 
 
 after judgment by fraud, 619. 
 vacating or modifying, 636, 627. 
 
 time of decision of motion to vacate, 719. 
 
 application, notice of, 637. 
 
 decision without prejudice, 638. 
 
 defendant's undertaking for, 639. 
 verified answer, effect of, 630 
 certain provisions not applicable to New York city court, 
 
 3160. 
 application of certain provisions, 3347. 
 in actions on probate of wills, 3658a. 
 writ of, abolished, 603. 
 
 when plaintiff to elect between different provisional reme- 
 dies, 719. 
 when allowed on counterclaim, 730. 
 damages for, 617, 638, 624. 
 see also Provisional Remedies. 
 
 Injuries: 
 
 to person, defined, 8343, sub'd 9. 
 to property, defined, 3343, sub'd 10. 
 action for personal, survival, 757, 764. 
 
 not assignable, 1910, sub'd 1. 
 to property, assignment of claim for, 1910. 
 to chattel, cannot be set up in action on undertaking in 
 
 replevin, 1735. 
 arrest and attachment for, 549, 553, 635, 2895, 3905 
 coercion, forcible entry, etc., damages, 1669. 
 damages for, tender of payment of, 731-734. 
 
 •vrit of inquiry to ascertain, 1315. 
 joining causes of action for, 484. 
 limitation of actions for, 383-884, 1903. 
 partial defenses to actions for, 508. 
 
 mitigating circumstances as, 586. 
 by trespassers, 1667, 1668. 
 personal : 
 
 appeals in actions for, limited, 191. 
 
 damages for: 
 
 tender of payment of, 731-734. 
 
230 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Injuries — Continued 
 
 writ of inquiry to ascertain. 1215. 
 no abatement by death of party after verdict in action 
 for, 764. 
 depositions in actions for, 873. 
 joining causes of action for, 484. 
 jurisdiction of actions for, 3863, 2863, 3315, 3333. 
 in justices' courts generally, 2862, 2863. 
 in New York district courts, 3215. 
 in justices' courts of Albany and Troy, 3233. 
 limitations of actions for, 382-384, 1903. 
 order of arrest for, 549, 551, 2895. 
 partial defenses to action for, 508. 
 
 mitigating circumstances as, 536. 
 physical examination in case of, 873. 
 see also Damages. 
 
 Inns and Innkeepers: 
 
 inns, prisoners at, officers' charges to, 113. 
 innkeepers, disqualified as justices, 2866. 
 licenses, ten years old, may be destroyed, 21. 
 
 Inquests and Inquisitions: 
 
 on default, 980, 1315. 
 
 as to sanity, 3334-2332; see Incompetents (2). 
 
 upon writ of assessment of damages, 2111-3114. 
 
 upon writ of inquiry, 1315. 
 
 interlocutory, how reviewed, 1333. 
 
 Inquiry: 
 
 on default, mitigating circumstances, 536. 
 writ of, 1315. 
 
 fees for notifying jurors, 3307. 
 referee appointed to make, 837. 
 see also Examination. 
 
 Insanity: 
 
 of justice of the peace, 3056. 
 
 of former witness, provisions as to, 830. 
 
 if recusant witness, 3003. 
 
 effect on statute of limitations, 1291. 
 
 of notary, 924. 
 
 see also Incompetents. 
 
OF CIVIL PROCEDURE. 23I 
 
 [References are to Sections.] 
 
 Insolvency: 
 
 (1) discharge of an insolvent from his debts: 
 must be resident of state, 3149. 
 petition to county court, etc., 2150. 
 
 form and contents, 2151. 
 
 affidavit with. -.ilfiO. 
 consent, of creditors to, 3153. 
 
 security to be relinquished 3158. 
 
 of corporation, 2154. 
 
 of partnership, 2155. 
 
 no effect as to joint debtor, 2156. 
 
 of creditor's transferee, 2157. 
 
 non-resident creditor, 2161. 
 
 of executor, etc., 3153. 
 creditors, false swearing. 3159. 
 
 double forfeit, 2159. 
 petitioner's schedule, 3162, 
 
 affidavit, 3163. 
 order to show cause, 2164. 
 
 publication, service. 2165. 
 
 hearing thereupon, 3166. 
 
 putting cause on calendar, 2167. 
 objections by creditors, 2168. 
 
 specification of, 2168. 
 
 filing of proof 3169. 
 jury trial, only one, 3170. 
 examination of petitioner, 3172. 
 
 of his wife, 2171. 
 
 rebuttal by creditors, 2173. 
 assignment, when directed, 2174. 
 
 recording of, 2175. 
 
 trustees, how chosen. 2176. 
 
 vesting of property in, 3177. 
 discharge, when refused, 2173. 
 
 when granted, recording, 2178-3181. 
 
 where trustee refuses to give certificate, 2179, 3180. 
 
 effect, as evidence, 2181. 
 
 effect of discharge, 2182, 
 
 foreign contracts unaffected, 2183. 
 
 United States debts unaffected, 2184. 
 
 insolvent to be released from imprisonment, 2185. 
 
 when void, causes of, 2186. 
 
232 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Insolvency — Continued. 
 
 invalidity shown on application for i-elease from arrest, 2187. 
 
 opposing, 2187. 
 (3) discharge of insolvent from iiiiprisoninent: 
 who may be exempted and by whom, 2188. 
 petition, verification, 2189. 
 
 schedule annexed, 2190. 
 affidavit to, 2191. 
 order to show cause, 2193. 
 opposing petition, 2193. 
 
 proceedings on, 2193. 
 assignment, when directed, 2194. 
 
 trustees, 2194. 
 discharge, when granted, 2195. 
 
 to be recorded, 2196. 
 
 effect as evidence, 2196. 
 
 debts not affected, 2198. 
 
 when void, 2199. 
 release from imprisonment, 2197. 
 when exempted from arrest, may be required to give security 
 
 for costs, 8269. 
 grounds for removal of tenant, 2231. 
 see also Insolvent Debtor; Judgment Debtor. 
 
 Insolvent Corporation: 
 
 creditors of, to be notified in condemnation oroceedings, ;;894. 
 actions against, for dissolution, 1784-1796. 
 see also Corporations. 
 
 Insolvent Debtor: 
 
 discharge of, see Insolvency. 
 
 trustees and assignees of, see Trusts, Etc. 
 
 see also Assignments for the Benefit of Creditors. 
 
 security for costs in action by, 3268-3271) 
 
 assignee of, action upon bond of. 1890. 
 
 proceedings to remove insolvent tenant. 2231-32.54. 
 
 see also Fraud; Insolvency; Summary Proceedings. 
 
 Inspection: 
 
 of books and papers, see Discovery. 
 
 of property seized on execution, 1:!81; see Executions . 
 
 Installment: 
 
 foreclosure for, when claim dismissed, 1634; see Rents, Etc. 
 
OF CIVIL PROCEDURE. 233 
 
 [References are to Sections.] 
 
 Instituting: 
 
 suit in name of another, 1900, 1901. 
 
 Institutions: 
 
 term " person" includes boards, etc., of, 3358. 
 
 Instruction: 
 
 to jury, see Jury, Etc. 
 
 Instruments: 
 
 meaning of term " month " in, Statutory Cons. Law, 26. 
 
 meaning of term "year" in. Statutory Cons. Law, 25. 
 
 for payment of money only, pleading of, 534. 
 
 persons severally liable upon, 454. 
 
 what may be acknowledged, 937. 
 
 written, see Contr.^cts: Conveyances; Signature; Wili£. 
 
 Insurance: 
 
 general provisions relating to insurance companies: 
 actions to dissolve, 1785, 1786. 
 for insolvency, 1785. 
 for violation of act, etc., 1785. 
 for change of name, 2411-2414, 2417. 
 exempted from certain provisions as to dissenting direct- 
 ors. 2420. 
 judge not disqualified because a policy-holder in a com- 
 pany litigant, 46. 
 superintendent of insurance and deputies disqualified as 
 
 jurors, 1029. 
 service of summons upon, in justices' courts, 2881 
 
 Insurrection: see Mobs and Riots; Resistance. 
 Intemperance: see Habitual Drunkards; Incompetents. 
 Intent: see Presumptions. 
 
 Interest: 
 
 (1) on money, securities, etc. . 
 
 on judgment or verdict, 1211, 1213, 1235. 
 
 on mortgages, 1626. 
 
 upon redemption of lands, 1446, 1451, 1459. 
 
 received by special administrator, 2683. 
 
 charges for, upon not returning executions 3039. 
 
 on unpaid collections, 3041 . 
 excessive, 1911. 
 
234 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Interest — Continued. 
 rebate of, 2719. 
 (8) as used in other senses : 
 of judge in cause, 46-48, 51. 
 persons in, as parties, 446, 448. 
 party in, to sue, 449. 
 defined, 3514, sub'd 11; see PARTIES, 
 of witnesses, see Evidence. 
 
 Interested Person: 
 
 defined, 2514, sub'd 11. 
 
 Interlocutory Costs: 
 
 taxation, 3262. 
 
 upon issues of law, 3232. 
 
 how collected, 15, 779, 3333; see Costs. 
 
 Interlocutory Judgments: 
 
 in general, 1200. 
 
 for admeasurement of dower or sale, 1607,1617-1625; see Dower. 
 
 appeals from, 1301, 1316, 1317, 1336, 1348, 1349-1353, 3239; 
 
 see Appeals. 
 costs awarded by, 1231. 
 
 no imprisonment for failure to pay, 15. 
 when may be demanded, 482. 
 when final may be demanded also, 482. 
 enforcement of, 1241. 
 entry of, in judgment-book, 1236. 
 final judgment after, 1021, 1230, 1231. 
 part of judgment-roll, 1237. 
 new trial after, 1001. 
 
 in partition suit, 1538, 1545-1557, 1560, 1657; see Partition. 
 upon trial by court or referee, 1021, 1230, 1231. 
 see also Costs ; Judgments, Etc. ; Motions. 
 
 Interlocutory Proceedings: 
 
 when defects cured by verdict, 721. 
 
 Interlocutory Reference: 
 
 review of, 1232. 
 
 Intermediate Account and Accounting: 
 
 defined, 2514, sub'd 9, 2725. 
 
 by executor or administrator, 2725; see Executors, Etc. 
 
 see also Accounts, Etc. 
 
OF CIVIL PROCEDURE. 235 
 
 [References are to Sections.] 
 
 Intermediate Ordep: 
 
 may be reviewed on appeal from final judgment, 1316. 
 may be brought up for review on appeal from surrogates' 
 courts, 2571. 
 
 Interpleader: 
 
 order for, on defendant's application, 820. 
 see also Parties ; Payment. 
 
 Interpreters: 
 
 in Kings county: 
 
 courts of record except county and surrogates' courts, 
 94. 
 
 for county court, 360. 
 
 for surrogate's court, 860. 
 
 police courts of Brooklyn, 8121, 8124. 
 
 for justices' courts, 3121-3124. 
 in New York county; 
 
 for supreme court, 94. 
 
 for city court of New York, 333, 334, 336 
 of interrogatories in foreign language, 912. 
 see also Courts. 
 
 Interrogatories : 
 
 settlement of, on commission, 891. 
 to be annexed to commission, 892. 
 in foreign language, 912. 
 to persons in contempt, 2280. 
 annexed to commission, see Depositions. 
 commission to examine witness upon, in justice's court, 
 3980. 
 
 Intestacy: 
 
 when presumed, 2065, 2669. 
 
 Intestate: 
 
 defined, 2514, sub'd 1. 
 distribution of estate of, 2732-2734. 
 see also Distribution; Heirs. 
 
 Intoxieating Liquors, see Habitual Drunkards; Liquors. 
 
 Intrusion: 
 
 see Forcible Entry and Detainer; Trespass. 
 into office, 1948-1956. 
 
236 INDEX TO NEW Y(.)KK CODE 
 
 [lieferpiices arci to Si'cUoris,] 
 
 Inventory: 
 
 of attached property, 054, (181, 2909-3911, 3915, 3307. 
 
 by committee of lunatic, 3341, 3343. 
 
 of decedent's estate, 1832-1834, 2665, 3691, 3707, 2711-2716. 
 
 by guardian, 2842-2845, 3855. 
 
 by insolvent debtor, 2162. 
 
 by sheriff, 185, 654, 681 ; see Sheriff. 
 
 see also Accounts, Etc. ; Appraisement. 
 
 Investigation, see Examination; Inquests, Etc. 
 
 Investment: 
 
 of money deposited into court, 745, 747 
 under direction of court, of moneys; 
 
 of widows, 2795, 2800. 
 
 of infants, 2361-2363, 2796, 2800. 
 
 of insane persons, 2361-3363. 
 
 of surplus proceeds on foreclosure, 1633, 1637. 
 
 in partition, 1539, 1566, 1563-1570, 15/3-1575, 1581-1583. 
 see also Partition. 
 Iron: 
 
 employes of iron companies exempt as juror.s, 1030. 
 
 Irregularity: 
 
 in disposal of decedent's real property, 3784. 
 judgment set aside for, 1283-1390; see Judgment, Etc. 
 provisions as to, 721-730 ; see Mistakes. 
 
 Irrelevant Matter in Pleadings: 
 
 striking out, 545. 
 
 Issue: 
 
 of annulled marriage, 1745, 1749, 1751. 
 
 legitimacy, support and maintenance of, after divorce, se< 
 
 Divorce. 
 born after will may maintain action for property, 1868. 
 see also Children; Heirs. 
 
 Issue, Note of, 977; see Notes. 
 
 Issues: 
 
 costs on one of several, 3234. 
 
 feigned, abolished, 833. 
 
 in insolvency cases, 3168. 3193. 
 
 in justices' courts, 2934, 2988-3009; see Justices" (Dukts (9). 
 
OF CIVIL PROCEDURE. 23/ 
 
 [References are to Sections.] 
 Issues — Continued. 
 
 in Burrogatea' courts, 2539-3549; see SURROGATES, ETC. 
 of law and fact: 
 
 defined, 963, 964. 
 
 judgment after trial of both, 1231. 
 
 costs, after, 3333-3234. 
 on mandamus, 2079, 3083, 3085. 
 severance of action where both, 1320. 
 costs on trial of, 3351. 
 
 trial of, 963-981, 994-997, 3435, 8431; see Trials (2). 
 of law, judgment upon,1333, 1223, 3332. 
 see also Judgment, Etc, (7); Pleadings. 
 
 Jail Liberties: 
 
 of the several counties, see counties under their respective 
 
 names, 
 see Jails. 
 
 Jails: 
 
 what deemed, 176. 
 
 habeas corpus served by leaving at, 2003. 
 
 certiorari served by leaving at, 3003. 
 
 no gratuity for keeping prisoner out of, 114. 
 
 buildings for, in New York city, 120. 
 
 in other counties, 131. 
 
 sheriff's custody of, 131. 
 
 if several, 123. 
 confinement in : 
 
 of persons retaining possession of books, etc., of public 
 officer, 3471. 
 
 of persons for contempt, 9, 157 ; see Contempt. 
 
 for disobedience to writ of habeas corpus, 2038. 
 
 order to sheriff to produce persons undergoing, 156. 
 fees upon, 156. 
 
 on executions from justices' courts, 3032-3037. 
 
 of executors, etc., not making inventory, 2716 
 
 of persons arrested by coroners, 175, 176, 179, 3310. 
 
 trustees of property of persons undergoing, 2219. 
 
 liability of sheriff for escape from, 158. 
 
 penalty for connivance at escape from, 159. 
 
 for misdemeanors, see Misdemeanors. 
 custody of, in sheriff, 121. 
 
 delivery to successor, 184, 185, 187, 188. 
 
238 INDEX TO NEW YORK CODE 
 
 [References are to Se».tlons. ] 
 
 Jails — Gontiniied. 
 
 discharge from, in case of sickness, 3163. 
 
 conditions of, 3163. 
 liberties of, In specified counties, 145. 
 
 in other counties, 146; see also several counlier under 
 
 their respective heads, 
 to persons entitled thereto before removal from temporary 
 jail, 139. 
 to prisoner removed, 140. 
 how laid out, 147. 
 by supervisors, 147. 
 
 copy of statement of, to be kept posted in jail, 148. 
 who admitted to, 149, 5T4. 
 
 persons arrested bj- coroner, 177. 
 
 sheriff so arrested, 174. 
 deemed in prison, 218R, 33 10. 
 who not admitted to : 
 
 when imprisoned for contempt. 157, 
 debtors committing waste, 1444. 
 in actions for penalties, etc., 3032, 3033. 
 in working women's actions, 3231. 
 undertaking for, sureties, 149, 180, 573-590. 
 for whom indemnity, 151. 
 if sureties insufficient, 153. 
 sheriff's fees for taking, 3307. 
 surrender by sureties, 153. 
 
 how made, 154. 
 action on, 160. 
 
 defences to, 160. 
 judgment against sheriff is evidence against sureties, 161. 
 summary judgment for sheriff, 162 
 
 requisites of application, 163. 
 when stayed, vacated, 164. 
 damages in, 165 ; see Sheriff. 
 when court may order prisoner produced, 156. 
 escape from, what deemed, 155. 
 sheriff's liability, 158. 
 jienalt.v for connivance, 159. 
 summons, service of, 426. 
 undertaking, forfeited, 155. 
 action on, 166, 167. 
 damages, 167. 
 defences, 160, 169, 171. 
 
OF CIVIL PROCEDURE. 239 
 
 [References are to Sections.] 
 
 Jails — Continued. 
 
 bars action against sheriff, 168. 
 stay when action against sheriff, 170. 
 see also Coroners. 
 limit of imprisonment in, 111. 
 three months, 111. 
 six months, 111. 
 creditor's remedy after, 111. 
 liquor, no sale in, 138. 
 
 physician's permit for, 138. 
 
 Hmited, 129. 
 cider and table beer excepted, 128. 
 violations, punishment for, 130. 
 no charge for food, etc., for prisoner being conveyed to, 113. 
 officers of, not to ask rent, 115, 117. 
 
 fees of, only those expressly allowed, 117. 
 violation, treble damages, 135. 
 misdemeanor, 125. 
 forfeits ofBce, 135. 
 papers served on, for prisoner, 131. 
 
 delivery of, 181. 
 money for United States prisoners, 133. 
 
 sheriff may have, 133. 
 exempt from military and jury duty, 1030. 
 physician for, how appointed, 136. 
 in New York county, 126. 
 in other counties, 126. 
 one for each jail, 126. 
 term of office, 126. 
 
 in Kings county, 136. 
 prices charged in house used as, 115. 
 as prescribed, by sessions, 115. 
 
 or justice of peace, 115. 
 nothing for liquors, 115. 
 no rent in jail, 115. 
 prisoner's may be conveyed to, through another county, 118. 
 
 not to be arrested while being so conveyed, 119. 
 prisoners in, under civil arrest, 110 
 at own expense, 110. 
 when county charge, 113. 
 may send for food, etc., 116. 
 fees for bringing up on habeas corpus, 3807. 
 civil and criminal, separate, 138. 
 
240 INDEX TO NEW YORK CODE 
 
 [Rpferences are to Sections.] 
 
 Jails — Continued. 
 
 male and female, separate, exception, 134. 
 sick, removed to hospital, 127. 
 escape while at ho.spital, 127. 
 
 new arrest, 127. 
 service of papers on, 131. 
 
 access for such purpose, 133. 
 under U. S. process, 133. 
 
 sheriff answerable for, 134. 
 on jail liberties, 138. 
 removal from, in case of fire, 143. 
 
 when county judge is absent, 144. 
 sheriff's discretion, 143. 
 in case of sickness, 136. 
 temporary, designation of, 135. 
 how annulled, 136 
 copy of, to he served on sheriff, 137. 
 causes of, 135. 
 revoking designation, 136, 141. 
 
 copy to be served on sheriff, 142. 
 effect on jail liberties, 138-140, 142. 
 who to act in absence of county judge, etc., 144. 
 see also Areests; Sheriff; Undertakings. 
 
 Jefferson County: 
 
 jail liberties in, 145. 
 
 Jeofail: 
 
 cured by verdict, etc., 721. 
 
 Joinder: 
 
 of causes of action : 
 
 in general, when allowed, 484. 
 in justices' courts, when allowed, 2937. 
 in behalf of people, against same defendant, 1988. 
 against two or more defendants, 1989. 
 against same person in several capacities, 1815, 
 1816, 1860. 
 statement of, in complaint, 483. 
 affecting real property, 1687. 
 against two or more executors, etc., 1817, 1818. 
 of defences, counterclaims, etc.. 507, 517. 
 of grievances in writ of mandamus, 3076. 
 of issues in mechanic's lien actions, 3406. 
 
OF CIVIL PROCEDURE. 24I 
 
 [References are to Sections.] 
 
 Joinder — Continued. 
 of parties: 
 
 in general, 446, 453, 456, 457, 830, 1813, 1923, 1924. 
 in action to foreclose mechanic's lien, 3402. 
 in action against joint debtors, 1932, 1946. 
 
 against legatees, etc., by creditors of decedent, 
 
 1837-1846, 1860. 
 against partnership or joint stock association, 1945, 
 
 1946. 
 to recover attached property, 677-680. 
 after transfer of interest, 755-766. 
 on written instrument, 454, 455. 
 demurrer for misjoinder, 488, 497. 
 defendant may demur to one or more causes of action 
 
 and answer others, 492. 
 severance of actions, 456, 497, 511, 755-766, 1205, 1320, 
 1434, 1516, 1522, 1523, 1547, 3072; see also Paeties. 
 Joint: 
 
 conveyance or mortgage of exempt propei'ty, 1404. 
 contractors or persons united in interest, effect of service of 
 
 summons on one, 398. 
 executors or administrators, 3692, 3693. 
 liability, see Liability. 
 
 tenancy, sale of property of decedent held in, 2764. 
 tenants, action by, against co-tenants, 1515, 1656-1658, 
 1666. 
 action of ejectment by or against, 1500, 1515-1518. 
 action for partition by, 1532, 1533, 1537, 1538. 
 agreement for partition by committee of incompetent 
 
 who is a, 1590-1593. 
 liens on shares of, 1460, 1540. 
 redemption by, on execution sale, 1459. 
 
 Joint Debtors: 
 
 actions against, consolidation, 819. 
 
 judgment against, on one's confession, 1378. 
 in justices' courts, 3030-3023. 
 effect of such judgment, 1933. 
 when all are not served, 1933, 1934, 8020. 
 execution, indorsing, 1934. 
 
 collection, 1985. 
 docketing elsewhere, 1986, 3021, 3033. 
 
 effect, 1936 
 16 
 
242 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Joint Debtors — Continued. 
 
 action to charge those not served, 1937. 
 complaint, 1938. 
 answer, 1939. 
 provisional remedies, 1940. 
 judgment, 1941. 
 separate composition by, 1942. 
 
 satisfaction of judgment by, 1943. 
 efleect of, 1943, 1944. 
 action against partners as, 1945. 
 misjoinder, non-joinder, 1945. 
 separate liability, 1946. 
 action to dissolve partnership, 1947. 
 
 reference, receiver, 1947. 
 death of one of, 758. 
 
 discharge in, insolvency of one, effect as against others, 2158. 
 supplementary proceedings against, 3461. 
 
 Joint-Stock Associations: 
 
 defined, Statutoiy Cons. Law, 5. 
 actions against, 1919, 1945. 
 
 effect of death, 1930. 
 
 effect of judgment, 1921. 
 
 subsequent action, 1922. 
 
 effect of statute of limitations, 1933. 
 as consenting creditors, 3154. 
 
 consent under seal, 2154. 
 included under " persons," when, 3358. 
 injunctions against, how granted, 1809. 
 
 damages for, 634. 
 misnomer, misjoinder, 1813, 1924. 
 preferred causes, 791. 
 
 residence of, as affecting jurisdiction, 341. 
 sale of real property of, 3390; see Condemnation Law. 
 
 Joint Tenants, see Tenants. 
 
 Judges: 
 
 defined, 8343, sub'd 8, Statutory Cons. Law, 6. 
 actions not discontinued by cliange of, 25. 
 
 before whom continued, 25, 26, 53. 
 
 proceedings before substituted officer, 53. 
 adjournments by, 34. 41. 
 
 in absence of, 35, 36. 
 
OF CIVIL PROCEDURE. 243 
 
 [References are to Sections.] 
 
 Judges — Continued. 
 
 age of, filing certificate of, 54. 
 
 disability by, 54. 
 citations by surrogate to appear before, 2707. 
 costs, when not to be interested in, 47. 
 depositions returned to, when, 904-906. 
 designation of, to hold terms, 3353. 
 discretion of, in regard to: 
 
 amount of bond or undertaking, 3830. 
 
 habeas corpus, 2060. 
 
 mode of swearing witnesses, 848. 
 disqualification of, by interest, 46. 
 
 by relationship, 46, 
 
 by absence from argument, 46. 
 exception, 46. 
 
 by residence, 48. 
 
 to practice in own court, 49. 
 
 to take fees for advice, 51. 
 
 as jurors, 1029. 
 
 as referees, 1024. 
 
 to practice in a cause which has been before him, 50. 
 
 as attorney or counsel, 49. 
 hearings before, not at court-house, 37. 
 
 parties' consent for, 37. 
 includes judicial officer. Statutory Cons. Law, 6. 
 inferior, may be punished for contempt, 14. 
 oaths before, 842. 
 
 partner or clerk of, not to practice before, 49, 50. 
 permitting unqualified attorneys to practice, 64. 
 personal liability of: 
 
 for causing re-arrest of prisoner discharged on habeas 
 corpus, etc., 2051. 
 
 for refusing writ of habeas corpus, etc. , 2020. 
 powers, after term expired, 25. 
 powers and duties generally, 235, 241, 348, 349. 
 powers and duties in relation to: 
 
 appointment and removal of attendants, 95, 96. 
 
 arrest, 861, 862; see also Arrest. 
 
 as to filing decision, 1010. 
 
 attachment, see Attachment. 
 
 certiorari. 2017-3031, see Certiorari; Habeas Corpus. 
 
 bail, pending appeal in habeas or certioiari, 20U0, 2061 ; 
 see Habeas Corpus. 
 
244 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Judges — Continued. 
 
 commission to take testimony, see Depositions. 
 
 condemnation of land, see Condemnation Law. 
 
 contempt of court, see Contempt. 
 
 habeas corpus, 2008-2011; see Habeas Corpus. 
 
 injunction, see Injunction. 
 
 accounts of committee of insane persons, 2342; see also 
 
 Incompetents. 
 issue of subpoenas, 854. 
 issuing of warrant to bring up prisoner about to be 
 
 removed, 2054, 2057. 
 money paid into court, 751. 
 to make order out of court, 772. 
 place for holding terms of court, 40-43. 
 proceedings to discover property of decedent withheld, 
 
 etc., 2707. 
 review of order of another court, 774. 
 rules of practice, 17. 
 
 supplementary proceedings, 2434, 2462; see also Supple- 
 mentary Proceedings. 
 to subscribe order of attachment, 641 ; see also Attach- 
 ment. 
 when to subscribe order of arrest, 561 ; see also Arrest. 
 mandate of, defined, o343, sub'd 2. 
 minutes of stenographers, when to be treated as minutes of 
 
 judge, 1007. 
 motion before, 767-779. 
 special proceedings before, 52, 53. 
 viewing property in action for waste, 1659. 
 see also County Judges ; Courts. 
 
 Judgment and Decree: 
 
 (1) miscellaneous provisions : 
 action on, limitations, 382. 
 
 regulated, 1913. 
 
 of justice of peace, 3154, 3155. 
 assignment of, 1912. 
 
 clerk to note and file, 1270. 
 
 acknowledgment of assignment, 1263. 
 
 assignee may file notice of assignment, 1263. 
 defined and construed, 1200, 2146, 3343, sub'd 20. 
 when absolute on appeal, 194. 
 
OF CIVIL PROCEDURE. 245 
 
 [References are to Sections.] 
 
 Judgment and Decree — Continued 
 measure of damages in, 1208. 
 in action : 
 
 by sheriff on undertaking for jail liberties, 163. 
 
 upon reference into claim against decedent's estate, 2718, 
 2719. 
 
 to compel determination of claim, 1644-1649. 
 
 on condemnation proceedings, 3369, 3373, 3376-3380. 
 
 against corporation on note, 1778. 
 
 awarding possession of real property, 1675. 
 penalty for disobeying, 1675. 
 
 to dissolve or annul corporation, 1793-1796, 1801, 1803. 
 
 of dower, 1607, 1613, 1614, 1616, 1619, 1620, 1624, 1676, 
 1677 ; see Dowbr. 
 
 of ejectment, 1240, 1503, 1506-1510, 1516-1518, 1524-1539, 
 1531, 1675. 
 
 to foreclose mechanic's lien for public improvements, 
 3418. 
 
 for nuisance, 1663. 
 
 by or against sheriff, see Sheriff. 
 
 on contract, judgment debtor not to be arrested, 16. 
 
 by or against executor, 1814; see Executors, Etc. 
 
 against legatees, heirs, next of kin, 1853, 1854; see Lega- 
 tees, Etc. 
 
 to foreclose lien upon chattel, 1739, 1740. 
 
 to foreclose liens on account of public improvements, 
 3418. 
 
 to foreclose lien on property of a railroad corporation, 
 3419. 
 
 to foreclose lien on vessel, 3438. 
 
 to foreclose mortgage, 1626-1637, 1676, 1677. 
 
 to enforce mechanic's lien, 3408. 
 
 against joint debtors, 1932; see Joint Debtors. 
 
 against officers of corporation for misconduct, 1781, 
 1811. 
 
 against officers of joint-stock associations, 1921, 1922. 
 
 affecting real property, where to be recorded, 1677. 
 
 annulling marriage, efifect, 1754. 
 
 for divorce. 1759, 1760, 1774; see Divorce. 
 
 for separation, 1766, 1774; see Divorce. 
 
 by or against executor or administrator to be in repre- 
 sentative capacity, 1814. 
 
 when decedent's estate not bound by, 1833. 
 
246 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Judgment and Decree — Continued. 
 on former judgment, 1829. 
 costs upon, 1835. 
 exception, 1836. 
 
 to establish a will, 1863-1865; see Wills. 
 
 by judgment creditor, 1873. 
 
 for partition, 1534-1539, 1545-1561, 1563, 1567, 1577-1579, 
 1589, 1595, 1676,1677; see Partition. 
 
 for penalty or forfeiture, 1896, 1898. 
 
 by people, 1956, 1974, 1975, 1980, 1985. 
 
 in nature of quo warranto, 1956. 
 
 to recover cliattel, 1240, 1329, 1723, 1725, 1728-1733. 
 
 for trespass, 1668. 
 
 to vacate letters-patent, 1959. 
 
 for wages of female employees, 3167, 3221, 3222. 
 
 for waste, 1655-1658. 
 on failure of security for costs, 3277. 
 on submission of controversy, 1279, 1281. 
 on arbitrators' award, 2366, 2378-3380. 
 on forfeited recognizance, 1966. 
 on partial admission of claim, 508, 511, 513. 
 on frivolous answer, 537. 
 of court of claims, 269. 
 
 of court of inferior jurisdiction, how pleaded, 533. 
 against defendants severally liable, 454, 456. 
 against co-defendant, demand of, in answer, 521. 
 against dead person, 1210. 
 in whose name, after party's death, 763-766. 
 consenting creditors to relinquish, 2158, 2321. 
 effect upon, of insolvent's discharge, 2195. 
 habeas corpus for person detained under, 2015, 2016, 2019, 
 
 3032, 2034. 
 amount of, as affecting jurisdiction , see Jurisdiction. 
 assignment of, 1363-1267, 137i), 1373, i:iT6, 1912 ; see Assign- 
 ment. 
 for assignment, etc., of personal property, 1328. 
 collusive or fraudulent, 1896. 
 where counterclaim interposed, 503, 504, 506, 509, 513. 
 
 on failure to reply to, 515. 
 demand of, in complaint, 481, 483. 
 
 by defendant, notice of, 1735. 
 
 how far limits judgment, 1207. 
 discharge of, against bankrupt, 1268. 
 
OF CIVIL PROCEDURE. 247 
 
 [References are to Sections.] 
 
 Judgment and Decree — Continued. 
 
 directed, by report or decision, 1020, 1023. 
 
 on setting aside verdict, 1185. 
 directing delivery of real property, 1331, 1675. 
 
 sale of real property, 1331, 1384, 1634-1687, 1675-1677. 
 
 execution of instrument, 1330. 
 effect on limitations of reversal of, 405. 
 and transcript of justice, proof of, 948-951. 
 of foreign court, value as evidence, 953-954. 
 uncollected jury fine, enforced as, in N. Y. county, 1117, 
 
 in Kings county, 1156. 
 what, may be rendered on appeal, 1317-1333; see Appeals. 
 as modified, judgment to be enforced after appeal, 1319, 1330. 
 assignment of, 1913. 
 when action upon lies after, 1913. 
 for damages, rate unchanged, 1208. 
 against executors, etc., 506, 1814, 1836, 2719, 3756-3758; see 
 
 Executors, Etc. 
 final, mandamus order deemed to be, 3083. 
 irregularity in, how cured, 731, 722, 1479. 
 lien of attorney upon, 66, 
 in matrimonial actions, 1239, 1753-1757, 1759, 1760, 1766, 1767, 
 
 1769, 1771-1774; see Divorce, 
 offer of, 738; see Offers; Tender, 
 how pleaded, generally, 533. 
 power of court over, 1369. 
 presumption of satisfaction of, 376-378, 
 reversal, etc., of, on appeal, 1317-1323, 1337, 1338, 
 against sheriff as bail, 587, 588. 
 stay of, after defendant's arrest, 566. 
 subrogation, for con tribution, 1484-1486, 
 transcript of, in action to foreclose mechanic's lien, 3410, 
 foreign, does not affect right to arrest, 552, 
 for disposition of real property of infant, lunatic, etc, 2845, 
 
 2347. 
 final, not stayed by motion for new trial, 1005. 
 unless upon merits, etc., does not bar new action, 1209. 
 action upon, regulated, 1913, 3154. 
 
 action to procure, on ground of fraud, limitations as to, 383. 
 effect of, as evidence, see Evidence. 
 
 re-imprisonment of person, discliarge for illegality in, 2050, 
 appeals from, see Appeals; Exceptions, Etc, 
 appointment of receiver before, by, or after final, 713, 714, 716. 
 
248 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Judgment and "Decree — Continued. 
 
 exemption from arrest of person ordered to attend by, 865. 
 
 on failure to reply, or demur to counterclaim, 515. 
 
 against insolvent for debt existing before his discharge, 
 
 3183. 
 in justices' courts, see Justices' Courts. 
 against legatees, etc., for debt of decedent, 1852-1854, 1856. 
 non-payment of, when persons not to be imprisoned, 16. 
 sale of real estate property directed by, 1384. 
 motion to vacate order of arrest or attachment may be made 
 
 before, 567, 687. 
 in N. y. city court, filing of, 3173. 
 
 when to state conclusions of fact and law separately, 3173; 
 see Courts (11) (b). 
 in district courts of New York, 3230, 3222; see COURTS (11) (c). 
 what may direct in mechanic's lien action, 3415. 
 (3) inode of taking and entering ; 
 
 to be entered in conformity with general verdict, 1189. 
 neglect to enter, 572. 
 default, cases of, 421, 1312. 
 
 in matrimonial action, 1229, 1753, 1774; see DIVORCE. 
 
 in action for a chattel, 1729. 
 
 determining amount, 1213. 
 interest, 1213. 
 
 limited to attached property in case of attachment, 707. 
 without application to court, 430. 
 
 when cannot be done, 419. 
 application to court, 419, 778 1214, 1316. 
 
 assessment, 1313, 1315. 
 
 writ of inquiry, 1315. 
 
 reference, 1216, 1233. 
 
 how withdrawn, 777. 
 
 penalty for violating, 778. 
 
 when service not personal, 1316. 
 
 when plaintiff to show attachment, 1217. 
 
 against non-resident, 1316. 
 
 against infant, 1318. 
 
 when notice to defendant, 1319. 
 
 limited by demand, 1207. 
 when several judgments may be taken, 1205. 
 for or against married women, 1306. 
 in severed action, 1330. 
 after trial of issues, 1221, 
 
OF CIVIL PROCEDURE. 249 
 
 [lleferences are to Sections.] 
 
 Judgment and Decree — Continued. 
 on issue of law, 1223. 
 
 proceedings under last two sections, 1233. 
 at appellate division, 1224. 
 after trial of specitlc issues by jury, 1225. 
 
 by referee, 1326. 
 after motion for new trial, 1227. 
 on report of referee, 1328. 
 on court's decision without jury, 1328. 
 in matrimonial actions, 1239; see Divorce. 
 final, dismissing complaint, new action, 1309. 
 final, after interlocutory, 1330. 
 
 costs on, 1331. 
 
 settlement and entry of, 1331. 
 
 how reviewed, 1232. 
 motion for, on special verdict, 1233. 
 
 on verdict subject to opinion of court, 1234. 
 when to be taken, 1185. 
 interest on, 1211, 1213, 1235. 
 entry, in term or vacation, 1303. 
 
 at term held by one judge, 1203. 
 
 after party's death, 763. 
 
 effect of neglect of, 573. 
 
 cannot be entered against party who dies before verdict, 766. 
 
 by clerk after verdict, 1189. 
 
 after appeal, 1345, 1355. 
 judgment-book, entries in, 1336. 
 judgment-roll, requisites, 1337. 
 may be for or against any of the parties, 1304. 
 on confession without action, 1273. 
 
 jurisdiction of New York city court, as to, 315. 
 
 by married woman, wlien, 1373. 
 
 defendant's statement, 1274. 
 form of. 1274. 
 time for filing, 1275. 
 
 docketing and enforcing judgment, 1376. 
 
 where debt partly due, 1277. 
 
 by one of joint debtors, 1278. 
 
 effect of, by insolvent, 2173. 
 by corporations, 3439, 3430. 
 
 fraudulent, verifying answer in action alleging, 539. 
 (3) Judgment-roll: 
 requisites, 1337. 
 
250 INDEX TO NEW YORK CODE 
 
 [References are to SectlonB,] 
 
 Judgment and Decree — Continued. 
 what must contain, 734, 994, 1717. 
 
 in condemnation proceedings, 3373. 
 
 in justice's court, 3061. 
 
 when defendant is dead, 1310. 
 
 copies of papers, when may be used in, 456. 
 
 admission of counterclaim, a part of, 512. 
 
 memorandum as to tender, etc., annexed to, 734. 
 
 certain orders of substitution to be annexed to, 766. 
 
 exception after trial to be inserted in, 994. 
 
 in mandamus, 2083. 
 
 on award in arbitration, 2379. 
 
 on appeal from judgment of justice of peace, 3061. 
 by whom prepared, 1888. 
 fiUng, clerk's minute of, 1339. 
 
 effect of, 1239. 
 on confession, 1273-1376. 
 on arbitrator's award, 2879. 
 in action to recover chattel, 1717. 
 after decision on appeal, 1345, 1854. 
 destroying, prohibited, 21. 
 when filed with secretary of state, 1803, 1959. 
 (4) docketing and lien of judgments : 
 docket book, county charge, 1245. 
 
 clerk to keep, 1345. 
 
 fines on jurors docketed as, 1117, 1156. 
 
 of justice of peace, 988; see Justices op Peace, Etc.; 
 Justices' Courts. 
 docket, particulars of, 1246. 
 
 clerk's neglect of, forfeit, 1248. 
 
 transcripts, 1347. 
 
 essential to lien, 1250. 
 
 assignment of judgment to be acknowledged by assignor 
 upon request, 1363. 
 
 cancelling on satisfaction, 1260, 1261. 
 satisfaction piece, 1361. 
 
 entry of return of execution, 1364. 
 
 cancelling by filing sheriff's return, 1366. 
 reversed judgment. 1267. 
 
 court's power over, 1269. 
 
 redocket after appeal, 1 359. 
 
 entries upon to preserve lien, 1485, 1486. 
 
f)F Civil, PROCEDURE. 25 1 
 
 [References are to Sections.] 
 
 Judgment and Deevee — Continued. 
 lien of, on real property, 1251. 
 after appeal, 1321. 
 on subsequent property, 1251. 
 on specific real property, 1823. 
 for ten years, 1251. 
 
 certain time not included in, 1255. 
 extending after ten years. 1253. 
 notice required for, 1252. 
 certain time excluded, 1255. 
 does not bind land held under contract, 1253. 
 suspending on appeal, 1256. 
 in local county, 1257. 
 in other counties, 1258. 
 restoring by redocket, 1259. 
 
 against executor not a lien on decedent's real property, 
 1823. 
 personally charged, to be separately docketed, 1816. 
 against heir in creditor's action not a lien on land, 
 
 1853. 
 on homestead surplus, 1402. 
 where defendant is a joint debtor not summoned, 1936- 
 
 1941; see Joint Debtors. 
 after debtor's death. 1379-1381. 
 enforcing contribution by, 1481. 
 requisites to preservation of, 1485. 
 mortgage jjreferred to, 1254. 
 in creditor's action, preferred when, 1855. 
 unaffected bf insolvency discharge, 2198. 
 (5) discharging judgments: 
 cancellation of docket, how made. 1260. 
 satisfaction piece to be executed on payment, 1261. 
 acknowledgment of assignment by assignor, 1263. 
 notice of assignment may be filed by assignee, 1263. 
 assignment to be filed by clerk, 1270. 
 entry upon docket after satisfaction, 1364. 
 entry when execution returned unsatisfied, 1365. 
 sheriff to give copy of .satisfied execution, 1266. 
 when docket is to be cancelled, 1267. 
 discharge of judgment against bankrupt, 1368 
 power of court over docket, 1369. 
 to what judgments applicable, 1372. 
 certificate of satisfaction by creditor, 1463. 
 
252 INDEX TO NEW YORK CODE 
 
 [References nre to Sections.] 
 
 Judgment and J)eeree — Continued. 
 
 (6) vacating or setting aside Judyiiientu: 
 for irregularity, ]282. 
 
 when motion to be heard, 1283. 
 for error in fact, 1283. 
 
 may be made by party, 1283. 
 where real estate has been conveyed, 1288. 
 where taken by mistake or inadvertence, 724. 
 restitution upon, 1292. 
 motion for, time within which, 1290. 
 
 disabilities excepted, 1291. 
 
 notice of, 1289. 
 
 to whom given, 1288, la89. 
 
 after death of party, 1284. 
 
 by third person, 1285. 
 
 by one of several, 1286. 
 evicted purchaser's rights on, 1479. 
 certain irregularities not fatal, 721. 
 when defendant may defend after, 445. 
 
 after writ of inquiry, 1232. 
 
 (7) enforcing of judgments; satisfaction: 
 undertakings staying, see Undertakings. 
 after appeal, 194, 1317, 1319. 
 
 by execution, when, 1240. 
 
 by proceedings for contempt, 1341. 
 
 sale of real property, where, 1343. 
 
 referee's security on, 1243. 
 
 granting clause of conveyance, 1244. 
 
 when and how held, 1384. 
 where judgment not all due, 1377. 
 by assignee, 1375. 
 by personal representatives, 1376. 
 after debtor's death, leave for, 1380. 
 satisfaction by i^aying sheriff, 1366. 
 
 separate satisfaction by joint debtor, when allowed, 1948-1944. 
 satisfaction piece, execution of, 1361. 
 
 acknowledgment of, 1261. 
 
 entry in docket, 1264, 1265. 
 
 on discharge in bankruptcy, 1268. 
 
 by redeeming creditor, 1463. 
 satisfying, from attached property, 707, 708. 
 
 from money in lieu of bail, 585. 
 
 from sheriff, as bail, 585. 
 
OF CIVIL PROCEDURE. 253 
 
 [References are to Sections.] 
 
 Judgment and Decree — Continued. 
 
 when equity of redemption not to be sold, 1432. 
 
 where summons was not personally served, 445, 456, 707. 
 
 presumption of payment of, 376-378. 
 
 (8) interlocutory judgments: 
 death of party after, 763. 
 distinguished from final, 482, 1200. 
 demanding in complaint, 482. 
 directing entry of, 1021, 1022. 
 
 final judgment after, 1021, 1022, 1230, 1557. 
 
 motion for new trial after, 999, 1001. 
 
 review of, on appeal from final, 190, 1801, 1316, 1318, 1036, 
 
 1349, 1350. 
 appeal from final, after affirmance of, 1386, 1350. 
 appeals from, to appellate division, 1336, 1849, 1350 
 
 to court of appeals, 190, 191, 1326. 
 
 costs on, 3232. 
 for accounting, 1015. 
 in actions for partition, 1545-15.56, 1560, 1561, 1563, 1567, 1573, 
 
 1589. 
 for partition, in action for waste, 1657. 
 in proceedings to compel payment by testamentary trustee, 
 
 2805. 
 in dower actions, 1607, 1624, 1625. 
 
 for admeasurement, 1607, 1617, 1622. 
 
 for sale of the property, 1619. 
 
 (9) Judgments injustices' courts, 3010-3033; see also Justices' 
 Courts. 
 
 compromise, offer of, 2893. 
 
 in substituted service, in attachment, 2918. 
 
 in replevin, 2932. 
 when to be rendered, 3015. 
 after expiration of term of justice, 3150. 
 action upon, 3154. 
 proof of, 3155. 
 on default, 2891-2893. 
 
 where order of arrest has been issued, plaintiff to show 
 extrinsic facts, 2903. 
 
 in Brooklyn, 3128: see Justices' Courts. 
 
 (10) decrees : 
 
 by surrogates generally, 2481, 2550-2589; see SURROGATES, Etc. 
 awarding possession to executors, etc. , 2709, 3710 ; see 
 Executors, Etc. (7). 
 
254 INDEX TO NEW YORK CODE 
 
 [References are to Sections. ] 
 
 Judgment and Decree — Continued. 
 
 for exempt property, etc., for surviving husband, veife or 
 
 child, 2734. 
 for delivery by trustee, 2804, 2805. 
 disposing of decedent's realty, 2749-2801 ; see Executors, 
 
 Etc., (14). 
 establishing heirship, 2654, 2658-2659 ; see Heiks. 
 by foreign ezecutive, proof of, 942. 
 for further security from guardian, 2853. 
 
 from testamentary trustee, 2815. 
 granting or revoking probate, 2633-2627, 2652, 2653; see 
 
 Wills (5). 
 granting or revoking letters, 2603, 2605, 3684-269D, 2823, 2824:- 
 
 2828, 2832-2839, 2860 ; see Executors, Etc, (9;. 
 for execution against executor, 2601. 
 for payment of legacy or share, 2722, 2723. 2743. 
 for payment of debts from real property, 3756-3793 ; see 
 
 Executors, Etc. (14) 
 removing trustee, 3817. 
 
 on settlement of executor's account, 3606, 2736, 2743-2748. 
 of guardian's account, 28.50, 2857. 
 of trustee's account, 2811-3814. 
 see also Actions ; Damages ; Executions ; Judgment Cred- 
 itor; Judgment Creditor's Action; Judgment Debtor; 
 
 Motions and Orders; Trials. 
 
 Judgment Creditor: 
 
 defined, 3343, sub'd 13. 
 
 action for foreclosure by, limitation as to, 1630. 
 
 contracts, etc., invalid as to, 1380. 
 
 accounting based on execution in favor of, 2735. 
 
 notice to attorneys of, 1674. 
 
 redemption by, 1449-1478, 2357. 
 
 see also Judgment, Etc. ; Judgment Creditor's Action. 
 
 Judgment Creditor's Action: 
 
 defined, 3343, sub'd 14. 
 
 object of, 1871. 
 
 execution before, 1871, 1872. 
 
 in what county, 1872. 
 final judgment in, satisfaction dii-ected by, 1873, 1874. 
 what property affected, 1873. 
 
 not affected, 1879. 
 
OF CIVIL PROCEDURE. 255 
 
 [References are to Sections.] 
 
 Judgment Creditor's Action — Continued. 
 ascertaining debtor's interest, 1874. 
 
 applied liow, 1875. 
 
 wiiat property cannot be reaciied, 1879. 
 injunction, 1876. 
 receiver, 1877. 
 compelling discovery, 1878. 
 jurisdiction of, 340, 3863. 
 notice to creditors to join in, 786. 
 against corporation, when may be stayed, 1806. 
 for sale of homestead, 1403, 1403. 
 against corporations, stockholders, etc., 1784-1796. 
 see also Judgment, Etc. ; Supplementary Proceedings. 
 
 Judgment Debtor: 
 
 creditor's action against, see Judgment Creditor's Action. 
 
 discbarge from imprisonment, 3300-3318. 
 
 who may be discharged, 3800. 
 
 who may not be discharged, 3318. 
 
 what court to hear application, 3301. 
 
 when petition to be presented, 3303. 
 
 contents of petition, 3303. 
 
 schedule, 3308. 
 
 affidavit to be annexed, 3304. 
 
 notice to creditors, 3305. 
 
 when creditors cannot be served, 3306. 
 when state a creditor, 3307. 
 proceedings upon presentation of petition, 3308. 
 
 adjournment, 3309. 
 
 proceedings after, 3310. 
 effect of assignment, 3311. 
 when discharge granted, 3313. 
 effect of, 3313. 
 
 when new execution may issue, 3314. 
 trustees' powers, 3315. 
 
 judgment creditor may compel application for discharge, 3316. 
 effect of failure to apply, 3317. 
 to U. S. not discharged, 3318. 
 proceedings to aid execution against, see Supplementary 
 
 Proceedings. 
 see Judgment. Etc. 
 
 Judgment Roll, see Judgment, Etc, (3). 
 
256 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Judicial Departments: 
 
 appellate division in each, 220. 
 
 clerks, attendants, etc., 221. 
 division of state into, 319, 235-231. 
 see Judicial Disteicts; Supreme Court. 
 
 Judicial Districts: 
 
 application for warrant to foreclose lien on vessel to be made 
 
 in what, 3430. 
 actions, etc., to be brought in certain: 
 
 in condemnation proceedings, 3361. 
 
 in action of corporation for change of name, 2411. 
 in what, motion to be heard, 769, 770. 
 see Districts; Judicial Departments; Supreme Court. 
 
 Judicial Officers, see Judges. 
 
 Judicial Proceedings: 
 
 publication of, not libel, 1907. 
 
 Judicial Sale: 
 
 of real estate for taxes, 1676; see Sales. 
 
 Judicial Settlement: 
 
 defined, 2514, sub'd 8. 
 
 decree, what to contain, 2551. 
 
 effect of, 3743. 
 
 of executors, 1833. 3736-3738, 3731. 
 
 allowance to executor on, 3563. 
 
 exempt property, set off on, 2734. 
 
 of guardians, 2856. 
 
 decree for payment and distribution, 3743. 
 
 by testamentary trustee, 3807-2811. 
 
 see Accounts; Executors, Etc.; Guardian and Ward (3). 
 
 Jurisdiction: 
 
 when acquired, by provisional remedy, 416. 
 
 by replevin, 1693. 
 demurrer to pleadings in general for want of, 488, 490, 495, 
 
 496. 
 objection to, not waived by not pleading, 499. 
 effect of, to bar habeas corpus, 2016, 3l):;2. 
 pleading facts for, when dispensed with, 533. 
 of United States Courts, defeats habeas corpus, when, 2016, 
 
 2033. 
 
OF CIVIL PROCEDURE. 257 
 
 [References are to Sections.] 
 
 Jurisdiction — Continued. 
 
 of actions to foreclose mechanic's lien, 3399. 
 of actions for divorce or separation, 1756, 1763. 
 
 to foreclose lien on chattel, 1737. 
 of city courts generally, see under the heads of the different 
 
 courts, 
 of commissioners to determine as to sanity of alleged lunatic, 
 
 3331. 
 of county courts, 340; see COUETS (9). 
 of courts generally, 4, 7, 8, 14. 
 of court of appeals, 190, 191. 
 of district courts in the city of New York, 3315. 
 of judge upon recusancy of witness, 855, 856. 
 of justices of the peace, 948-950, 8861, 3863, 3870, 2917, 3134, 
 
 3315, 3328, 3334; see Justices op Peace, Etc.; Justices' 
 
 COUETS. 
 
 of magistrate may be exercised on Sunday, 6. 
 
 of New York city court, 315-318, 338, 3174. 
 
 of supreme court, 217, 3430; see Supreme Court. 
 
 of surrogates or officers performing duties of surrogates, 
 
 3472-2479, 3516, 3592, 2662, 2663; see Surrogates' Courts. 
 of action for penalty or forfeiture, 3393-3301. 
 as between courts, etc., in different counties, 53, 982-991; see 
 
 Teials. 
 as to discharge of insolvents, 2150. 
 as to incompetent persons, 2330-3333. 
 person committed by court having, not entitled to habeas 
 
 corpus, 3016, 2033. 
 
 Jury and Jurors: 
 
 application of code to, 3347, 3350, 3351. 
 attendance, see Trials (9). 
 ballots, 1163-1172; see Ballots. 
 bribery and misconduct of: 
 
 as civil contempt, 14. 
 
 embracery, 1193, 1194. 
 challenges to, see Challenges; Trials (9). 
 coroner's, see Coroner. 
 for county courts, 357; see CoUETS. 
 defined, 3343, sub'd 19. 
 discharge for disagreement, 1181. 
 
 on Sunday, 6. 
 drawing, see Trials (9). 
 17 
 
258 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Jury and Jurors — Continued. 
 
 in Albany county, special provisions, 1041. 
 in Kings county, 1126-llt)2; see Trials (5). 
 in other counties, see Trials (7) 
 fees of, 109, 3333, 3318-3316, 3326; see Fees. 
 fines, imposition of: 
 
 when may be imposed, 1072. 
 amount, 1072. 
 procedure, 1073, 1074. 
 
 duty of clerk and sheriff as to service of order, 1075. 
 proceedings on return of order, 1076. 
 when proceedings cease, 1077. 
 exception in New York and Kings counties, 1078. 
 collection of, 2293-2301 ; see Fines, Etc. 
 foreign, 1070, 1071, 1190; see Trials (10). 
 
 in justices' courts, generally, 2989-2999, 3006-3009, 3086, 3091, 
 3096, 3140; see Justices' Courts. 
 of Brooklyn, 3127. 
 misconduct, see bribery, supra. 
 
 of officers attending, 1196-1199; see Fines, Etc. 
 oath to, 842, 1166, 2110, 2331. 
 on commission for appointment of committee of lunatic, 
 
 2330, 2333. 
 panels, destruction of, 21. 
 selecting, 3350 ; see Trials. 
 sheriff's : 
 
 under writ of assessment, S109-2111. 
 exemptions, 1081. 
 how selected, 1112. 
 to try attachment claims, 657, 658. 
 jurors' fees on, 3316. 
 sheriff's fees on, 3307. 
 to try claims on execution, 108, 1418, 1420. 
 jurors' fees on, 109, 3316. 
 sheriff's fees on, 109, 3307. 
 for lunacy commission, 2327-2336. 
 struck or special, 1063-1069; see Thials (10). 
 trials by, of miscellaneous actions : 
 action to annul corporation, 1800. 
 
 of competency on application for appointment of commit- 
 tee, etc., 2327, 2328, 2330-2336; see Incompetents. 
 in condemnation proceedings, 2107-2111; see ASSESSMENT 
 OP Damages. 
 
OF CIVIL PROCEDURE. 259 
 
 [References are to Sections.] 
 
 Jury and Jurors — Continued. 
 
 election of, 2168, 3247, 3137, 3185, 3186. 
 
 of issue on alternative writ of mandamus, 3083. 
 
 in justices' courts, 3990-3999; see Justices' COURTS. 
 
 order for, substituted for feigned issues, 833. 
 
 in matrimonial actions, 1753, 1757. 
 
 in partition suit, 1544. 
 
 of questions, arising on application for discharge of in- 
 solvent, 3168, 2170, 3174, 3194. 
 arising on writ of prohibition, 2099. 
 
 rights to, in general, 968-973; see TRIALS (2). 
 
 of right to legacy or distributive share, 2747. 
 
 of specific questions of fact, 1003, 10J4, 1186-1189, 1225. 
 
 in summary proceedings, 3347, 3249. 
 
 in surrogates' courts, 3547, 2558, 3560, 3747. 
 
 after reversal by appellate court upon question of 
 fact, 3588. 
 
 waiver of right to, 1008, 1009. 
 verdict of, 1181-1189; see Trials (8). 
 
 discretionary as to fines, etc., 1898. 
 
 non-liability for, 1193. 
 
 receiving, on Sunday, 6, see Verdict. 
 venire, 1191. 
 
 view of premises by. 1659. 
 jui-y year in New York county, 1084. 
 
 Jury Panels: 
 
 destruction of, 21. 
 
 how to be summoned, 333. 
 
 Justices' Courts: 
 
 (1) 'miscellaneous provisions: 
 
 in Albany, 2, 2234, 3307-3314, 3333-3325a, 8368-3370, 3303; see 
 
 Albany. Name changed to city court of Albany, L. 1884, 
 
 c. 123. 
 in Brooklyn, 3116-3133; see BROOKLYN, 
 in Buffalo, 3953, 8033, 3045. 
 
 in New York city, 3307-3222; see COURTS (11) (c). 
 in Troy, 3307-8314, 3333-3325a; see Albany. 
 not courts of record, except Albany, 3, 3. 
 mandates, formal requisites, 3135. 
 
 execution of, by private person, 3186. 
 application of certain provisions, 3134. 
 
26o INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Justices' Courts — Continued. 
 
 constables, restriction as to fees, 3136. 
 not to buy claims, 3137. 
 penalty, 3138, 3139. 
 
 when violation of last two sections a defense to action, 
 3139. 
 fees, 3333, 3324. 
 
 execution of mandate, 3156-3158; see Constables. 
 citations by surrogate to appear before, 2707. 
 discovery of books and papers in, 867. 
 docket book, entries, 3140. 
 
 as evidence, 938, 3148, 3155. 
 open to inspection, 3141. 
 index, 3142. 
 papers to be filed, 3143. 
 deposit of, with clerk, 3144. 
 certificate in docket book deposited, 3145. 
 transcript from adjoining state, 948. 
 how authenticated, 949, 950. 
 may be rebutted, 951. 
 town or city clerk to demand books upon justice's death, 
 
 3146. 
 delivery of, how compelled, 3147. 
 transcripts from, 3149. 
 
 as evidence, 938-940 ; see Justices of Peace, Etc. 
 champerty, by justice or constable, 3137 
 office forfeited by, 3138. 
 punishment, 3138. 
 costs in, 3074-3081, 3154, 3235-3340. 
 
 security for, in Albany, 3268; see COSTS (7). 
 criminal contempts in, 2870-3875. 
 punishment, fines, 3871, 2875. 
 offender to be lieard, 2872. 
 record of conviction, 2873. 
 requisites of commitment, 2874. 
 fines paid to overseer of poor, 2875. 
 commitment of contumacious witness, 3001-3003. 
 actions in, where brought, 3869. 
 effect of residence, 2869. 
 how commenced, 2876. 
 summons, contents, 2877. 
 
 publication of, in certain cases, provisions as to, 
 3393, 3294. 
 
OF CIVIL PROCEDURE. 261 
 
 [References are to Sections.] 
 
 Justices' Courts — Continued. 
 
 second and third, 3883. 
 service of. 2878, 3156. 
 service on corporations, 2879. 
 
 provisions as to railroad corporations, 2880. 
 provisions as to insurance and express com- 
 panies, 3881. 
 qualification of last two sections, 3883. 
 where name of defendant is unknown, 3884. 
 return of summons, 3885. 
 appearance of parties, 2886. 
 
 in person or by attorney, 2886. 
 justice to wait, 3893. 
 guardians ad litem, 3887, 3888. 
 offer of judgment, 3893. 
 transfer to other justice, 3150, 3151. 
 proceedings thereupon, 3152. 
 attorneys in, wlio may be, 3889. 
 
 authority to act, 3890. 
 justice, transcript and copy by, 3149. 
 when term expires, 3150. 
 paying over collections, 3153. 
 if a material witness, 3151. 
 judgment obtained in action on, 3154. 
 jurisdiction, statutory, 3861. 
 generally, 4. 
 what civil actions within, 2863. 
 
 in Brooklyn, 3117. 
 what actions not within. 2863. 
 of judgment by confession, 2864. 
 within what town action to be brought, 3869. 
 of contempts, 3870. 
 of what parties, 3865. 
 
 by or against corporation, 2865. 
 town or county officer, 3865. 
 natural person, 3865. 
 by executor, etc., 8865. 
 receiver, 2865. 
 mandates in, execution of, 3156. 
 
 executed by constable in person, 3156. 
 when execution resisted, sheriff to act. 3158. 
 papers in, to be filed, 3143, 3147. 
 
262 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Justices' Courts — Continued. 
 
 proceedings in, to dispossess tenants, see Summary Procebd- 
 
 INQS. 
 
 practice in, proof on default, 2891. 
 
 offer to compromise, by defendant, 3892. 
 
 waiting for parties, 2893, 2934. 
 
 joining issue, 2934. 
 
 on answer to title to real property, 3951-2956; see infra (5). 
 sittings to be public, 5. 
 not to sit on Sunday, 6. 
 fees of justices in, 3298, 3322, 3325. 
 
 constable, 3333, 3324. 
 
 of justice on a commission, 3335. 
 
 of jurors, 3326. 
 
 of witnesses, 3327. 
 
 by whom paid, 3329. 
 
 exception, 3330. 
 
 chax-ge of fees, 3331. 
 
 payment before service, 3338. 
 
 (2) order of arrest: 
 
 with issuing of summons, 2894. 
 in what cases, 2894. 
 in what actions, 2895. 
 plaintiff's undertaking, 2896. 
 order, contents, 2897. 
 
 execution, 2898. 
 
 return, 2899. 
 
 when plaintiflE must appear, 2899. 
 defendant's detention, how long, 2900. 
 discharge, motion for, 2901. 
 
 effect of, 2902. 
 
 on extrinsic facts, 2903. 
 privilege from arrest, 3904. 
 in justices' courts of Albany and Troy, 3210, 3311. 
 
 (3) attachment of proper ty: 
 in what actions, 3905. 
 facts for, 2906. 
 
 warrant, with summons, 3907. 
 form and contents, 2907. 
 execution, 2909. 
 return, 2915. 
 
 application to vacate, 3916. 
 vacating, effect of, 3917. 
 
OF CIVIL PROCEDURE. 263 
 
 [References are to Sections. ] 
 
 Justices' Courts— Gontinued. 
 
 service of warrant and summons, 2910. 
 
 inventory, 39 LO. 
 undertaking by plaintiff, 2908. 
 
 defendant's action on, 2914. 
 return to defendant, undertaking for, 2911. 
 claim by third person, bond, 2912. 
 
 plaintiff's action on bond, 2913. 
 
 defendant's action on bond, 2914. 
 substituted service, proceedings on, 2918. 
 
 (4) action to recover- chattel, 2919. 
 affidavit and undertaking for, 2920. 
 requisition of justice, return of, 2931. 
 
 execution of same, service of summons, etc., 2933. 
 
 constable's return on, 2923. 
 exception to sureties by defendant, 3934. 
 reclaiming by defendant, 2925. 
 justification of sureties, 2936. 
 delivery to plaintiff or defendant, 2927. 
 
 forfeit for wrongful, 2988. 
 third person's claim, 2929. 
 defendant's action for damages, 3980. 
 
 default, proceedings on, 2983, 
 proceedings in action, 2931. 
 not affected by failure to replevy, 2938. 
 action on undertaking, 2931. 
 docketing transcript of judgment, 3019. 
 execution on judgment. 3038. 
 costs in. 3074, 3076; see COSTS, 
 when defendant may be arrested in action for taking, 
 
 2895. 
 in justice's court of Brooklyn, 3117. 
 in isTew York district court, 8210, 3311, 8315. 
 in justices' courts of Albany and Troy, 3210, 3311, 3333. 
 
 (5) pleadings; counterclaim; answer of title: 
 issue, joining of, 3934. 
 
 pleadings. 2985. 
 
 complaint, 1775, 177G, 3936. 
 
 complaint, joinder of causes of action in, 3937. 
 
 answer, denial or counterclaim, 2938. 
 
 demurrer, amending on. 3939. 
 
 plea on failure of, 3939. 
 
 costs on, 3077. 
 
264 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Justices' Courts — Gontinued. 
 pleadings, oral or written, 3940. 
 
 on accounts, etc., 2941. 
 
 when items to be exhibited, 3943. 
 
 variance with proof, 8943. 
 
 amendment, 2944. 
 
 veriiication of. Laws 1881, oh. 414. 
 counterclaims, 3945. 
 
 where executors, etc., parties, 3946. 
 
 effect of neglecting to plead, 2947. 
 
 qualifications, 3948. 
 
 defendant's, judgment on, 3949. 
 discontinuance where accounts exceed $400, 3950. 
 title to realty, pleading by defendant, 2951. 
 
 undertaking thereupon, 3953. 
 failure to give, effect, 3955. 
 
 discontinuance before justice, 2954. 
 
 new action, when, 3953. 
 pleadings, etc., in, 3957. 
 
 when title comes in question upon plaintiff's own show- 
 ing, 3956. 
 
 answer of title as to one of several causes, 3958. 
 
 costs, 2945, 3235. 
 
 in N. Y. district court and justices' courts of Albany and 
 Troy, 3313. 
 
 (6) adjournments : 
 
 on justice's own motion, 3959. 
 on plaintiff's application, 2960. 
 on defendant's application, 2961. 
 
 undertaking for, 2963. 
 
 to procure discharge, 2933. 
 when discharged, 2964. 
 
 subsequent, 2965. 
 
 plaintiff's witness' testimony on. 3966. 
 defendant's discharge from arrest on, 2963, 2964. 
 pending attachment of witness, 2967. 
 limit of time for, 3968. 
 to procure return of commission, 3983. 
 in case of recusant witness, 3003. 
 
 (7) compelling attendance of witnesses : 
 subpoena, service and return, 859, 3969, 2970. 
 
 constable's fees, 3323. 
 justice may issue, 3969. 
 
OF CIVIL PROCEDURE. 265 
 
 [References are to Sections.] 
 
 Justices' Courts — Continued. 
 
 warrant for attachment, fees, 2971, 3973. 
 arrest in adjoining county, 2973. 
 fine of recusant, 2974. 
 
 how and when, 2975. 
 
 minute of, 2976. 
 
 execution to collect, 2977. 
 
 paying over proceeds, 2978. 
 defaulting witness' liability in damages, 2979; see (9) infra. 
 habeas corpus for bringing up prisoner as, 2008-2010. 
 
 (8) commission to take testimony : 
 on written interrogatories, 2980. 
 
 on oral questions, copy of section 900 to be annexed, 2981. 
 when and how granted, 2982. 
 adjournment for return of, 2983. 
 execution and return. 2984. 
 justice to receive, 2985. 
 
 to indorse, 398.5. 
 when deposition evidence, 2986. 
 commissioner's powers, 2987. 
 
 (9) trial and its incidents: 
 peremptory challenges, 1176. 
 on defendant's default, 3988. 
 by justice, 2989. 
 
 demand of jury, 2990. 
 
 jurors, drawing, 1111, 2990, 2991, 3995. 
 
 in action between towns, 2992. 
 
 venire, delivery, execution, etc., 3993. 
 
 ballots how prepared, 2994. 
 
 attachment and fining, 2996, 3009. 
 
 when new venire, 2997. 
 
 oath and hearing, 2998, 3999. 
 
 constable's custody of, 3006. 
 
 verdict, 3007. 
 
 disagreement, 3008. 
 
 fine upon defaulting, 3009. 
 
 general provisions of this code, as to, 3347, 8350. 
 
 fees, 3336. 
 witnesses, oath, 3000. 
 
 punishing recusant, 3001. 
 
 contents of warrant, 3003. 
 adjournments pending, 3003. 
 
 competency of. 3005. 
 
266 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Justices' Courts — Oontinned. 
 
 ex parte affidavit as evidence, 3004. 
 
 {!(>) judgment ; docketing, etc.: 
 
 when amount exceeds $400, 2950. 
 
 costs in to be specified in docket book, 3078. 
 
 by confession, requisites, 2864, 3010-3012. 
 
 when void, 3018. 
 
 mode of entering, 8011. 
 of non-suit, 3018. 
 on verdict or decision, 3014. 
 immediate, when, 3015. 
 within four days, 3015. 
 remitting by prevailing party, 3016. 
 transcript to county clerk, 3017. 
 
 in action for chattel, 3019. 
 
 by justice wliose term has expired, 3023. 
 execution against person, 3018. 
 against joint debtors, 3020. 
 
 docketing same, 3021. 
 
 action thereon, •3021. 
 action upon, 3154. 
 
 proof of, ill55; see JUSTICES OF THE PEACE, Etc. 
 docketing in another county, 3('22. 
 (11) executions: 
 when justice may issue, 3024. 
 form and contents, 3025. 
 on judgment for money, 3026. 
 renewals, 3027. 
 
 property exempt from, 3028; see Executions (3). 
 indorsement of levy, 3029. 
 constable not to act after return day, 3040. 
 sale, under, 3030. 
 
 notice of, 3029. 
 return of, 343, 3031, 3039. 
 
 action against constable for failui'e to, 3039. 
 disposal of money collected, 3031. 
 
 action against constable, 3041. 
 debtor, arrest of, 3032. 
 
 discharge of, wlien, 3033. 
 
 not to affect judgment, 3087. 
 affidavit for, 3034. 
 
 penalty for refusing, 3035. 
 
 affidavit a defense to action for escape, 3036. 
 
OF CIVIL PROCEDURE. 267 
 
 [References are to Sections.] 
 
 Justices' Courts — Continued. 
 on judgment for chattel, 3038. 
 duty of constable after term expires, 3040, 8042. 
 on transcript to county clerk, 1865-1367, 3043. 
 preferences between warrants of attachment, 1407. 
 (13) appeals : 
 
 when to court of appeals, 190, 191. 
 justice's judgment reviewed by, 3044. 
 in Buffalo, 3045. 
 
 from district court of New York city, 3313. 
 elsewhere, to county court, 3045. 
 who may appeal, 3045. 
 when and how, 3046. 
 notice, to justice, 3047. 
 
 to respondent, 3048. 
 
 omission, corrected by amendment, 3049. 
 undertaking to stay execution, 3050. 
 proceedings, how stayed, 3051. 
 proceedings when justice is dead, 3052. 
 return of justice for, 3053. 
 
 when justice has gone out of office, 3054. 
 
 further, how compelled, 3055. 
 
 if justice dies, 3056. 
 on error of fact, 3057. 
 restitution on reversal, 3058. 
 setting off costs and recovery , 3059. 
 certain sums as disbursements, 3060. 
 papers on, in judgment roll, 8061. 
 for new trial in appellate court, 3068. 
 
 from justice's court, where no new trial on appeal, 3062-3067. 
 hearing of appeal, dismissal, 3062. 
 judgment, 3068. 
 
 when new trial to be directed, 3064. 
 proceedings before justice, 3065. 
 awarding of costs, when, 3066. 
 
 amount of, 3067. 
 from justice's court, for new trial in appellate court: 
 
 when new trial maj- be demanded, 8068. 
 
 undertaking on, 3069. 
 
 offer to compromise before return, 3070. 
 
 offer to compromise after return. 3072. 
 
 proceedings in appellate court, 8071. 
 
 amount of costs, 3073. 
 
268 INDEX TO NEW YORK CODE 
 
 [■References are to Sections.] 
 Justices' Courts — Continued. 
 
 (13) action or proceeding in, as to strays on highways: 
 except in cities, 3082. 
 
 by whom brought, 3083, 3113. 
 penalties and costs, 3083. 
 seizure of animals, 3084, 3085. 
 seizure of animals not trespassing, 3108. 
 petition for sale, 3086. 
 
 justice's precept, 3087. 
 service of, 3088. 
 proof of service, 3089. 
 
 ansvsrer, trial, 3090. 
 sale, warrant for, 3091. 
 
 proceeds applied, 3092. 
 
 disposition of surplus of, 3093, 3094, 3111. 
 appeal from order. 3095. 
 proceedings upon decision in favor of person answering, 3094, 
 animal, return to owner, 3097. 
 
 on what terms, 3097. 
 
 set loose by stranger, 3098. 
 
 action against stranger, 3099. 
 appeal, from order for possession, 3101, 3103. 
 
 from order on petition, 3104. 
 action by owner, limitations, 3107. 
 proceedings where many animals trespass, 3109. 
 
 where there are several owners, 3110. 
 owner, who deemed, 3114. 
 agent may act for owner, 3115. 
 see also Justices of the Peace, Etc. 
 
 (14) costs in, see Costs. 
 
 fees in, see Fees; Justices of Peace, Etc. 
 
 Justice's Court of Albany, see Albany. 
 Justice's Court of Brooklyn, see Brooklyn. 
 Justice's Court of Troy, see Albany. 
 
 Justices of the Peace and Justice's Judg-ment: 
 
 included under judges, 3343, sub'd 3. 
 
 judge of court of record may sit in action affecting town, 48. 
 not to take fees for advice, 51. 
 when to be present at drawing of jurors, 1046. 
 member of legislature, may act as, 3867. 
 no obligation to act, 3867. 
 
OF CIVIL PROCEDURE. 269 
 
 [References are to Sections.] 
 
 Justices of the Peace and Justice's Judgment — Continued. 
 remission of fines imposed by, 350, 353. 
 surrogate's citations to appear before, 2707. 
 permitting unlawful practicing, 64. 
 tavern-lceeper not to be, 3866. 
 to hold court, general powers of, 2868. 
 length of time to wait upon return of summons, 2898. 
 within what time to render judgment, 3015. 
 after expiration of office may give transcript, 3023. 
 return by on appeal, 3053-3056; see Justices' Courts (12). 
 prohibited from buying claims for suit, 3137. 
 
 penalties, 3138. 
 
 when may be pleaded, 3139. 
 docket book of, contents, 3140. 
 
 how entries to be made, 3141. 
 
 to be kept open, 3141. 
 
 to be indexed, 3143. 
 
 entries in, when evidence, 3148. 
 
 copies of, 3149. 
 to file papers, 3143. 
 
 deposit of papers, etc., upon removal, 3144. 
 certificate in docket book deposited, 3145. 
 town or city clerk to demand books, etc., of deceased justice, 
 3146. 
 
 delivery of, how compelled, 3147. 
 to furnish copies of papers, 3149. 
 transfer of action before, after expiration of term, 3150. 
 
 when justice a witness, 3151. 
 
 proceedings upon such transfer, 3153. 
 penalty for failure to pay money collected, 3153. 
 judgment of, action upon, 3154. 
 
 proof of, 8155. 
 deputation of person to serve mandate, 3156. 
 
 no fees allowed such person, 3156. 
 remission of fines imposed by, 353. 
 
 production and inspection of books, compelling by, 867-869. 
 exemption from jury duty, 1033. 
 may issue subpoena for witness for deposition for use without 
 
 state, 911. 
 jurisdiction and fees of, see Justices' Couets (1), and Fees. 
 champerty by, see Justices' Courts (1). 
 habeas corpus to testify before, 2010, 3011. 
 oaths before, in general, 843. 
 
270 INDEX TO NEW YORK CnDE 
 
 [References are to Seclioiis.J 
 
 Justices of the Peace and Justice's Judgment — Continued. 
 proceedings before, proved from docket, 'J'd'i, 939, 948-951, 
 3155. 
 original minutes in certain cases, 940. 
 clerks of, etc., not to act as attorneys, 2889. 
 application of certain provisions, 3134. 
 see also Justices' Courts: Police Courts. 
 
 Justification: 
 
 in action for separation, 1765. 
 of libel, 535. 
 of sureties: 
 
 on bail bonds, 150, 578-581, 584, 587, 590. 
 
 see also Arrest; Bail; Undertakings. 
 in judgment creditor's action, 1674. 
 on bonds and undertakings generally, 818. 
 
 notice of, see Time; Notice. 
 on undertaking, on appeal, 1335, 1341. 
 for arrest, 578-581. 
 for attached property, 658, 690, 691. 
 for costs, 3274, 3275. 
 for discharge of vessel, 3441. 
 by person in contempt, 2277. 
 in replevin suit, 1703-1706, 2924-2936. 
 see also Bonds; Undertakings. 
 
 Kin: 
 
 "next of kin" defined, 2514, sub'd 13. 
 see Legatees, Etc. ; Relationship 
 
 Kings County: 
 
 application of provisions as to trial jurors in, after May 1st, 
 
 1877, 3347. 
 county clerk, in fees, 3305. 
 attorneys practicing in, 63, 64. 
 citations in surrogate's court of, 3536. 
 county officers in: 
 
 not to be appointed referees, 90. 
 
 county treasurer, or administrator, 3665. 
 may appoint administrator, 3669. 
 
 appointment and removal generally, 95. 
 
 duty to attend generally, 96. 
 
 clerk of county court, application of code as to fees, 8806, 
 
 clerk of supreme court, appointment and removal, 95. 
 
OF CIVIL PROCEDURE. 271 
 
 [References are to Sections.] 
 
 Kings County — Continued. 
 
 criers, how appointed, 94. 
 interpreters, how appointed, 9-4, 360. 
 salaries, how fixed, 94, 360. 
 oath, etc., 360. 
 sheriff of, fees, 3307. 
 
 application of code, 8308. 
 stenographers of supreme court, appointment and re- 
 moval, 254. 
 of assistant, 255. 
 county court, 359. 
 of surrogate's court, 2513, 2513. 
 minutes of testimony before supervisors, 2543. 
 surrogate of, see Surrogate, Etc. 
 who may act in absence of, 2708. 
 
 with county treasurer to appoint public adminis- 
 trator, 2669. 
 exempted from provisions as to: 
 county clerk, 3305. 
 county courts and judges, 3063, 3068. 
 sheriffs, 97. 
 
 jurors, 1034, 1063, 1078, 1171, 1172. 
 jail liberties in, 145. 
 jail physician in, 126. 
 jurors in, see Trials (6). 
 notice of sale of real property in, 1678. 
 notice of trial and note of issue in, 977. 
 proceedings commenced before judge in, may be continued 
 
 before another, 26. 
 process of New York city court in, 338, 3171. 
 public administrator of, 2643, 2669. 
 see Brooklyn, Etc. 
 
 Knowledge: 
 
 of person verifying pleading, 524-526. 
 see also Ignorance. 
 
 "L. S.:" 
 
 instead of seal. Statutory Cons. Law, 18. 
 
 Labor Day, see Holidays. 
 
 Laborer: 
 
 liens of, preferred, 8414. 
 
272 INDEX TO NEW YORK CODE 
 
 [References are to SectioDB.] 
 
 Laches: 
 
 dismissal of action for failure to serve summons on a neces- 
 sary defendant, 821. 
 dismissal for delay in proceeding, 822. 
 
 Lakes: 
 
 jurisdiction of, actions for penalties, etc., where offense 
 occurred on, 983. 
 
 Land; Lands: 
 
 defined, Statutory Cons. Law, 3. 
 see Real Peopeety. 
 
 Landlord and Tenant: 
 
 landlord as defendant in action of ejectment, 1503. 
 
 tenant's possession, when his, 373. 
 rents, apportionment on death, 2720. 
 tenant, dispossession of, see Summary Proceedings. 
 see also Leases, Etc.; Real Peopeety; Tenants. 
 
 Land Office: 
 
 grants by, action to vacate, 1957-1960. 
 
 brought hy attorney-general, triable by jury, 1958. 
 
 judgment-roll, where filed, 1959. 
 
 transcript, 1960. 
 powers and duties in relation to escheated property, 1980, 
 
 1981. 
 see also Compteollee; Real Property. 
 
 Last: 
 
 defined, Statutory Cons. Law, 10. 
 
 Law: 
 
 certification of statute, for evidence, 932, 943, 943, 
 
 of foreign state, proof of, 942. 
 
 when issue of, arises, 964. 
 
 to be tried before issue of fact, 965-967. 
 
 common, see Common Law. 
 
 and equity, 3339. 
 
 where issues of, triable, 990. 
 
 verdict against, see Verdict. 
 
 libraries, when exempt, 1391. 
 
 schools, 58. 
 
 see also Legislature; Statutory Construction Law. 
 
 Law Schools: 
 
 exemptions of graduates of certain, 58. 
 
OF CIVIL PROCEDURE. 2/3 
 
 [References are to Sections, j 
 
 Leasehold Property: 
 
 when included in real property, 1430. 
 
 effe:t of warrant in summary proceedings upon, 3353. 
 
 Leases and Lessee: 
 
 redemption of, see Summary Proceedings. 
 
 holding over term of, see Summary Proceedings. 
 
 of property of corporation on application to court, 3890-339" • 
 
 see Corporations (7). 
 by CO uraittee of incompetent, 3339. 
 
 five years' limit, 8339. 
 
 regulations, 3348-2364; see Incompetents. 
 by infant's guanlian, 3348-2364; see Incompetents. 
 by executors, etc., 2675, 2676, 2749-2801; see also Executors, 
 
 Etc. (14) 
 of decedents, preferring rents due on, 2719. 
 effect of warrant in summary proceedings upon, 335S. 
 when included under real property, 1430. 
 when personal property, 2712. 
 for life, see Tenants. 
 of railroads, see Railroads. 
 
 lessors and lessees, rights and liabilities, see Landlord and 
 Tenant. 
 
 Leave: 
 
 to renew motion, 776. 
 to pay gross sum in lieu of dower, 1618. 
 to interplead, 820. 
 
 to issue execution, 1378-1383; see Executions. 
 to bring action in nature of quo warranto, 1798, 1799. 
 must be obtained to prosecute sheriff's bond, 1880, 1881. 
 aB to bond of other officer, 1886-1890. 
 
 required for compromise of action by common informer, 1894, 
 see also Notice. 
 
 Legracies, see Wills. 
 
 Legal Representative, 3727, 3738, 3733, 3849. 
 enforcement of mechanic's lien by, 3399. 
 see also Heirs; Legatees, Etc.; Wills. 
 
 Legatees, Heirs and Next of Kin: 
 
 action by, for legacy, 1819, 1820. 
 
 security from legatee on execution against executor, 1887. 
 18 
 
274 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Logratees, Heirs and Next of Kin — Continued. 
 creditor's action against, 1837-1860. 
 
 extent of recovery, 1837. 
 ■when may sue executor or administrator for distributive 
 sliare, 1819. 
 guardian ad litem in such an action, bond of, 18.30. 
 action by, against executor for payment of claim, 1817-1819, 
 
 3718; see Executors, Etc. (3) 
 execution against, 1371. 
 action against by posthvimous child, 1868. 
 payment of legacies to, see EXECUTORS, Etc. ; Death; Heibs; 
 
 Wills (12). 
 actions against, by creditors : 
 when action lies, 1837. 
 for what debts, 1855. 
 against whom, 1837. 
 form of, 1838, 1846, 
 
 apportionment in joint action, 1839, 1847. 
 amount of recovery in several action- limited !840. 
 requisites to recovery in action against legatee, ls41. 
 
 in action against preferred legatee, 1842, 
 liability of heirs and devisees, 1843. 
 when action can be brought, 1844. 
 effect on, of application for =^ale of decedent's realty, 
 
 1845. 
 when against heirs or devisees to be joint, 184(5. 
 
 apportionment in such an action, 1847. 
 requisites to recovery against heirs, 1848. 
 
 in action against devisees, 1849. 
 prior recoveries to be deducted, 1850. 
 
 real property in question, description of in complaint, 
 1851. 
 
 value to be specified, 1851. 
 judgment, satisfaction of, 1858. 
 
 when not out of land aliened, 1853. 
 provisions concerning, when land aliened, 1854. 
 defense to action sotting up prior claims, 1856, 1857. 
 effect of infancy upon, 1858. 
 when article inapplicable, 1859. 
 
 where same person is heir, devisee and -<egatee, only one 
 action, 1860. 
 petition by, for payment of claim, 2788. 
 
OF CIVIL PROCEDURE. 2/5 
 
 [Refereiices are to Sections.] 
 
 Legislature: 
 
 certificates of officers of, as evidence, 933. 
 
 powers and duties as to condemnation of land for use of 
 
 United States, 2119. 
 liability for publishing reports of legislative proceedings, 
 
 1907." 
 members, oath, no fees for taking, 3289. 
 disqualification of, for jury duty, 1029. 
 may be justice, but not compelled to act, 2867. 
 
 Legitimacy: 
 
 of children of annulled marriage, 1745-1749. 
 effect of divorce as to, 1759, 1760. 
 see also Divorcb. 
 
 Letters: 
 
 of administration, 391, 408, 1863, 8408, 2472-2482, 2498. 2499, 
 8503, 2514, sub'd (5), 2o82, 2583, 2590-2610, 2612, 2613. 2636, 
 2646, 2660-2667, 2684-3704 : see also Executors, Etc. ; Sur- 
 rogates, Etc. 
 
 ancillary, 2503, 2695-2704, 2838-2841 ; see also EXECUTORS, 
 Etc. ; Guardian and Ward. 
 
 of attorney, see Power op Attorney. 
 
 of guardianship 3498, 2499, 2583, 2590-2610, 2852. 
 
 ancillary, 2838-2841; see also Guardian and Ward. 
 
 patent, action to annul, 1957-1960 ; see Actions (9). 
 limitations of, 363, .364. 
 
 rogatory, 913. 
 
 temporary, 2670. 
 
 testamentary, see Executors, Etc. 
 to county treasurer, 2665-2667. 
 
 Levy, see Attachment; Executions. 
 
 Liability: 
 
 exemptions from, see Exemptions; Privilege. 
 of judges, for re-arrest after discharge on habeas corpus, 
 2051. 
 
 for neglect to grant habeas corpus, 2030. 
 ' certiorari, 2020. 
 
 of sheriff for escapes, see Escapes. 
 
 see also Actions; Damages; Fines, Etc. 
 
2/6 INDEX TO NEW YORK CODE 
 
 [ llcf'orenccs arc to Sections.] 
 
 Libel: . 
 
 in newspaper, proof of malice, 1907. 
 
 qualified, 1908. 
 included under personal injuries, 3343, sub'd 9. 
 jurisdiction of, justice of peace has none, 3863, 3323. 
 
 district courts none, 3315, 3316. 
 claims for, not assignable, 1910. 
 actions for, limitation, 884. 
 
 joinder in, 484. 
 
 partial defenses, 508, 1907, 1908. 
 
 costs in, 3228, 3234. 
 
 pleading innuendo, 535. 
 
 pleading mitigating circumstances, 586. 
 see also Injuries; Slander. 
 
 Libraries: 
 
 professional, when exempt from execution, nOl. 
 
 Library Companies: 
 
 excepted from certain provisions relating to corporations 
 1804, 3431. 
 
 Licenses: 
 
 of inn-keepers may be destroyed after ten years, 31. 
 
 Lienor: 
 
 enforcement of mechanic's lien by, 3399. 
 
 Liens: 
 
 for taxes upon sale of real property, 1676. 
 
 to be declared at sale, 1678. 
 
 reference to ascertain, 1561, 1621, 3428. 
 
 notice of, 1670, 1671; see also Mechanics' Liens. 
 
 preference between, see Prepekence. 
 
 by attachment, see Attachment. 
 
 of attorneys, 66. 
 
 governed by agreement, 66. 
 on chattels, action to foreclose, 315, 840, 1730, 1737-1741, 
 
 3203, 3215, 3216, 3223; see Chattels. 
 of executions, 1405-1439; see Executions. 
 foreclosure of, jurisdiction of New York city court, 315 
 holder of, may be made a defendant in ijartitiou, J539, 1540. 
 judgment against executor when not a lien upon decedent's 
 
 property, 1823. 
 
OF CIVIL PROCEDURE. 277 
 
 [References are to Sections.] 
 
 Liens — Continued. 
 
 judgment in creditor's action against heir, when not a lien 
 upon land aliened, 1853. 
 
 relinquishment of, by consenting creditor in insolvency pro- 
 ceedings, 2158. 
 
 of persons served, cut off in foreclosure by advertisement, 
 3395. 
 
 for fines, in New York county, 1117. 
 in Kings county, 1156. 
 
 of judgments, 1210, 1250-1360, 1321, 1380, 1402, 1485, I486, 
 1823, 1852, 1936, 1937, 2198, 2749-2801, 3017; see Condemna- 
 tion Law; Judgment, Etc. 
 
 of mortgages, see Chattel Mortgages; Mortgages. 
 
 on property the subject of action: 
 for dower, 1615, 1531, 1632, 1676. 
 
 on vessels, foreclosure, 3419-8441; see Mechanics' Liens; 
 Vessels. 
 
 of taxes, etc., part of expenses on foreclosure, 1676. 
 
 in action for partition, 1589, 1540, 1561-1566, 1578, 1580, 1676; 
 Partition. 
 
 in condemnation proceedings, 3377. 
 
 see also Mechanics' Liens; Pendency of Action; Pledge; 
 Security. 
 
 Lieutenant-Governor: 
 
 disqualified as juror, 1039. 
 
 Life: 
 
 tenants for, see Tenants. 
 see also Death. 
 
 Life Estates: 
 
 when deemed assets, 3712. 
 see also Eeal Property. 
 
 Lights: 
 
 for use of court, by whom to be furnished, 31. 
 
 Limitations: 
 
 (1) general provisions for civil actions : 
 limitations must be pleaded, 413. 
 applicable to actions by people, 389, 1973. 
 
 to private persons, 413. 
 
 to defense or counterclaim, 897. 
 
278 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Limitations — Continued. 
 
 cases which are excepted from, 414. 
 
 actions against bank directors, 394. 
 
 none on bank notes, 393. 
 
 new promise affectmg, must be written, 395. 
 
 part payment affecting, 395. 
 
 effect of appeal on, 1255, 1383. 
 
 law of, for non-resident, 390. 
 
 when person liable dies abroad, 391. 
 
 or at home, 403. 
 when creditor dies, 402. 
 as to actions by executors, 392. 
 
 when letters deemed to have issued, 392. 
 legatees, etc., rights, 393. 
 time from which computed, 415. 
 
 from last item in open account, 386. 
 from demand, when, 410. 
 from judgment against principal, 407. 
 from knowledge of right, 410. 
 from knowledge of fraud, 382. 
 from removal of disability, 396. 
 from discovery of facts in will, 382. 
 in special proceedings in surrogate's court, 2517. 
 what time excluded: 
 
 for disabilities, 375, 396. 
 
 must exist when right accrues, 408. 
 cases of, 396. 
 
 in cases of certiorari, 2125, 2126. 
 in case of war, 404. 
 for new trial in ejectment, 1536-1529. 
 motion to set aside judgment, 1291. 
 several, 409. 
 
 affecting real property, 374. 
 
 submission to arbitration, time of, excluded, 411. 
 when action discontinued, 412. 
 action, when deemed begun, 398. 
 attempt to begin, effect, 399. 
 
 in court not of record, 400. 
 presentation of petition in surrogate's court deemed a 
 
 commencement of action, 3517. 
 effect of defendant's absence, 401. 
 
 of stay, 406, 1255. 
 new, after appeal, etc., 405. 
 
OF CIVIL PROCEDURE. 279 
 
 [References are to Sections.] 
 
 Limitations — Contumed. 
 
 special proceeding included, 414. 
 time for, not to be extended, 784. 
 
 (2) of actions to recorer real property ; 
 in forty years; 
 
 action, by people, 362. 
 
 by people's grantee, 363. 
 in twenty years: 
 
 after letters patent annulled, 363, 364. 
 action by private person, 365. 
 defense or counterclaim, 366. 
 for dower, 1596, 1615. 
 after right to entry, 367. 
 possession, when presumed, 368. 
 
 when occupation presumed legal, 868. 
 
 what constitutes adverse possession, 370-372. 
 
 under written title, 369. 
 
 tenant's possession, 373. 
 
 not affected by descent cast, 374. 
 disabilities, not part of, 375. 
 
 (3) as to other civil actions, 376-897. 
 in twenty years: 
 
 judgment presumed paid, 376. 
 
 exceptions, 376. 
 
 presumption, how pleaded, 378. 
 
 part payment, 377. 
 
 execution as proof of, 877. 
 to redeem from mortgage, 379. 
 on sealed instrument, 381. 
 for dower, 1596. 
 in ten years: 
 
 actions, unprovided for, 388. 
 
 certain, by people, 1969, 1973. 
 examination in supplementary proceedings, 2435. 
 in six years: 
 
 on contract obligations, :-i82. 
 
 exceptions, 382. 
 for personal injury, except, etc., 382. 
 for injury to property, except, etc., 382. 
 on statute liability, 382. 
 
 except penalties, etc., 382. 
 for damages, 382. 
 damages for withholding dower, 1600. 
 
280 INUKX TO NEW YORK CODE 
 
 [llefereDceB are to Sectioofl.] 
 
 Limitations — Coidiuued. 
 for chattels, 382. 
 for fraud, '682. 
 to establish will, 382. 2653a. 
 on certain judgments, 382. 
 
 exceptions, 382. 
 in five years: 
 
 divorce for incapacity, 1753. 
 divorce for adultery, 1758. 
 
 exception, 1758. 
 issuing of executions, 1375, 3024. 
 
 ejectment for escheated property in certain cases, 1980. 
 in three years: 
 
 against sheriff for collections, 383. 
 against constable for collections, 383. 
 against executor, etc., for chattel, 383. 
 against debtor's trustee for chattel, 38;j 
 for private penalties, 383. 
 
 or those shared with the people of the state, 388. 
 for personal injury from negligence, 383. 
 against bank directors, 394. 
 
 or stockholders, 394. 
 against heirs and devisees, 1844. 
 entry of judgment after confession, 1275. 
 
 filing judgment, 1275. 
 for new trial in ejectment, 1526. 
 in two years: 
 
 for libel, slander, 384. 
 
 for assault, battery, seduction, etc., 384. 
 
 for false imprisonment, 384. 
 
 for malicious prosecution, 384. 
 
 motion to set aside judgment, 1290. 
 
 exception, 1291. 
 for penalty or forfeiture to people, 384. 
 for death by negligence, 1902. 
 in one year: 
 
 against sheriff for oflBoial acts, 385. 
 
 against coroner for official acts, 385. 
 
 against officer for escapes, 385. 
 
 application for revocation of probate, 2648. 
 
 by tax-payer against public officer, 1925. 
 
 for certain penalties, 387. 
 
 judgment against infant, when execution may issue, 1858. 
 
OF CIVIL procedure: 281 
 
 [References are to Sections.] 
 
 Limitations — Continued. 
 
 to recover a stray, 3107. 
 to set aside judgment, 1282. 
 exception, 1282. 
 within twenty months, 2126. 
 in six months: 
 
 against executor on disputed claim, 1833. 
 in four months: 
 
 application for certiorari, 3135, 2136. 
 exception, 3126. 
 in three months: 
 
 action upon undertaking given upon discharge of war- 
 rant for lien on vessel, 3438. 
 
 (4) certain limitations of time in relation to: 
 order confirming award, 2373. 
 
 entry of judgment after confession, 1375. 
 examination of judgment debtor, 2435. 
 issuing execution, 1375-1384. 
 
 in justices' courts, 3034. 
 
 against infant heir or devisee, 1858. 
 liens of judgment, 1351, 1353, 1355, 1359, 1380; see Judgments, 
 
 Etc. 
 setting aside final judgment, 1383, 1390, 1391, 1525-1528. 
 petition for disposition of decedent's realty, 2750, 3751. 
 
 to set aside heirship probate, 2658. 
 
 for revocation of probate of will, 3648. 
 presenting claims to executors, etc., 1887, 3718. 
 
 (5) miscellaneoits limitations in relation to: 
 damages for ejectment, IflOO. 
 
 for withholding dower, 1596, 1600. 
 liability, for rents and profits, 1638. 
 
 against decedent's estates, 1833, 3731, 3755. 
 against members of unincorporated association, 1933. 
 action against sherifi' for damages for replevied chattel, 
 1710. 
 for wrongful seizure of animals, 8107. 
 of time within which an action may be brought to determine 
 
 a widow's dower, 1647. 
 action against sheriff by third person for chattel, 1710. 
 action by legatee against executor, 1819. 
 action by creditor against executor on rejected claim, 1833. 
 action to enforce liability of heir or devisee for debt of dece- 
 dent, 1844. 
 
282 INDEX TO NEW YORK CODE 
 
 [References are to Sections. ] 
 
 Limitations — Continued.. 
 
 action against association, effect of, upon action against mem- 
 
 tiers, 1923. 
 purchasers from heir, etc., 2628, 2777. 
 see also Time. 
 
 Lincoln's Birthday, see Holidays. 
 
 Linen: 
 
 companies, employees exempt from jury duty, 1030. 
 
 Liquidating Damages: 
 
 offer for, with answer, 736. 
 
 effect of refusal of offer, 737. 
 
 Liquors: 
 
 sale of, in jails and prisons forbidden, 128-130. 
 
 permit, 129. 
 
 introducing liquor into, 115, 116. 
 no sale in court buildings, 32. 
 
 penalty, 33. 
 see also Habitual Drunkards; Incompetents. 
 
 Lis Pendens, see Pendency op Action. 
 
 List: 
 
 of appointments by surrogates to be published, 2504. 
 
 Livingston County: 
 
 court stenographers in, 361 
 
 Loans: 
 
 to induce bringing action, 3137. 
 
 by justice of the peace or constable, 3187, 3138. 
 
 interest on, see Interest. 
 
 see also Debtor and Creditor. 
 
 Lodgings: 
 
 for prisoner, charges for, when furnished by third person, 115. 
 
 Loekport, City of: 
 
 jail liberties, 145. 
 
 Long Account: 
 
 compulsory reference in case of, 1013. 
 
 Long Island, see Kings County; Queens County; Suffolk 
 County. 
 
OF CIVIL PROCEDURE. 283 
 
 [Keferences are to Sections.] 
 
 Long Island City: 
 city court of, 2. 
 
 Lost: 
 
 bill or note, action on, 1917, 1918. 
 
 docket-book of justice, 3155. 
 
 official record, 931. 
 
 papers, pleadings, etc., when copies may be used and filed, 
 
 726. 
 property, on settlement of account, 2811, 2850. 
 voucher, 2729. 
 will, 382, 1864, 1865, 2621: see Wills. 
 
 Lot: 
 
 occupation of, as affecting adverse possession, 369, 370. 
 
 Lunacy: 
 
 defined. Statutory Cons. Law, 7. 
 
 Lunatics, see Habitual Drunkards; Idiots; Incompetents. 
 
 Magistrates: 
 
 fees of, see Fees. 
 
 information before, etc. , see Arrest. 
 
 see also Coroners ; County Judges ; Judges ; Justices' 
 Courts; Mayor; Police Justices; Recorder. 
 
 Mail: 
 
 notices oy, see NOTICES. 
 
 return of mandate by, 102. 
 
 service by, 60, 43S, 448, 796-802, 3423, 3424. 
 
 see also Letters; Publication; See vice of Papers. 
 
 Maintenance: 
 
 of child of decedent, not to be deemed an advancement, 2733. 
 surrogate may direct guardian as to, of child, 2846. 
 see Children. 
 
 Majority: 
 
 defined, Statutory Cons. Law, 19. 
 
 of arbitrators, 2371 
 
 of commissioners for dower, 1610. 
 
 for partition, 1554. 
 
 to condemn lands, 3370. 
 of directors of corporations, 2419, 3420. 
 
284 INDEX TO NEW Yi iRK CODE 
 
 [Referfnces are to Sections.] 
 
 Majority — Continued. 
 
 of judges, service upon in mandamus, 2071. 
 
 of referees, 1026. 
 
 see also Infants ; Quorum. 
 
 Males: 
 
 to be kept separate from females in jails, 124. 
 includes females. Statutory Cons. Law, 8. 
 
 Maliee, Malicious, Maliciously: 
 
 libel, see Libel. 
 
 litigations, 1900. 
 
 prosecution, see Malicious Prosecution. 
 
 setting animals at large, 3098. 3100. 
 
 trespass, see Trespass. 
 
 Malicious Mischief, see Injuries; Malice, Etc. 
 
 Malicious Prosecution: 
 
 included in term " personal injury,' :j343, sub'd 9. 
 
 limitations of actions for, 884. 
 
 justice of peace has no jurisdiction over actions for, 2863. 
 
 none in district courts of N. Y. , 821.5. 
 
 none in justices' courts of Albany or Troy, 8228. 
 
 Malpractice: 
 
 of attorney, 67. 
 
 Mandamus: 
 
 is a state writ, 1991. 
 when preferred cause, 793. 
 alternative, granting, 2067. 
 forms and contents, 2076. 
 notice, 2067. 
 at a special term, 2068. 
 at appellate division. 2069. 
 service, 2071. 
 
 return, form of, 2072, 2073. 3077. 
 how made, 2074. 
 demun-er to, 2073. 
 further, cannot be compelled, 3078. 
 
 demurrer, 2078. 
 issue of fact arises on, when, 3079. 
 application of code, 2076, 207T, 2080. 
 service of notice of return filed, demurrer, 2081. 
 
OF CIVIL PROCEDURE. 285 
 
 [References are to Sections.] 
 
 Mandamus — Continued. 
 trial of issues, 2082-2085. 
 
 by jury, 3083. 
 
 where triable, 2084. 
 motion to set aside, 2075. 
 peremptory, in first instance, when, 2070. 
 
 after alternative, 3070. 
 costs awarded on, 3086. 
 appeals, froin alternative, 2087. 
 
 from peremptory, 2087. 
 
 stay of proceedings on, 2089. 
 damages, to relator, when, 3088. 
 
 awarded by order for peremptory, 3088. 
 
 assessing on trial of issue, 2088. 
 fines, imposed on officers, etc. , 2090. 
 
 limit of, 3090. 
 
 payment into treasury, 3090. 
 
 as bar to penalty, 2090 ; see also State Writs. 
 
 Handate: 
 
 defined, 3343, sub'd 2. 
 includes summons, 418. 
 includes requisition to replevy, 1694. 
 includes warrant of attachment, 2373. 
 copy to be delivered, 101, 3065. 
 directed to coroner, 173-175. 
 
 certain provisions concerning execution of, apply to civil pris- 
 oners only, 3347, sub'd 1. 
 execution and return of, 103, 103, 3270. 
 
 fees for, 3307, sub'd 1. 
 habeas corpus for prisoner held by, 3033-3034, 2038. 
 
 of United States court, 3016, 3033. 
 illegality of, discharge for, 3050. 
 in justices' courts; 
 
 requisition, 3135, 
 
 execution by private person, 3156. 
 by constable, 3157. 
 when resisted, 3158. 
 minute of, given by sheriff, 100. 
 
 delivery of unexecuted mandates to new sheriff, 185. 
 execution of, in N. Y. city court, 338. 
 
 in county court, 347. 
 
 against person, 110-171; see Bail; Jails; Prisoner. 
 limit of confinement. 111. 
 
286 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Mandate — Continued. 
 for re-arrest, 2050, 20.51. 
 
 trial of claim to property seized by, 108, 109. 
 disobedience or resistance to, s, i4, 104-107, 2292. 
 when militia may be ordeied out, 107. 
 names of resisters to be certified to court, 105. 
 punishment for refusal to assist, 106. 
 where served: 
 
 of county court, 347, 348. 
 of New Yorlc city court, 838. 
 of surrogates' courts, 2615. 
 see also Arrest; Attachment; Contempt; Courts: Coro- 
 ner; Executions; Process; Provisional Remedies; Re- 
 sistance; Sheriff. 
 
 Maps: 
 
 copies, certified, as evidence, see Certificates, Etc. 
 see also Survey and Surveyors. 
 
 Marine Causes: 
 
 jurisdiction of New York city court, 317. 
 
 Marine Court: 
 
 city court of the city of New York, 317, 3177-3187; see Courts 
 (11-). (b). 
 
 Mariners, see Veterans. 
 
 Mark: 
 
 defined, Statutory Cons. Law, 12; see Signature. 
 
 Market Value, see Valuation. 
 
 Marriage: 
 
 abatement of action by, 761, 762. 
 certificate of, effect as evidence, 928. 
 dissolution, etc. , of, see Divorce. 
 marriage after, by plaintiff, 1761. 
 when by defendant, 1761. 
 see Breach of Promise ; Divorce. 
 
 Married Woman: 
 
 as witness, 83.s-8:il ; see Husband and Wife. 
 action by or against, 120C. 
 
 appearance as if single, 4.'i0. 
 confession of judgment by, 1273. 
 
OF CIVIL PROCEDURE. 28/ 
 
 [References are to Sections.] 
 
 Harried Woman — Continued. 
 dower, right of, see Dower. 
 
 entitled to same exemptions as a householder, 1392. 
 exemption in favor of, out of deceased's estate, 2713. 
 proceedings to set apart exempt property, 2734. 
 homestead of, exempt from execution, 1399; see Executions. 
 infant, guardian of property of, 2824. 
 no guardian of person of infant, 2825 
 letters of administration to, 2660 
 judgment by or against, 1206. 
 property of, after death, 27.'34. 
 
 execution against, 1392. 1399. 
 may release her dower interest, 1571. 
 residence of, 176S. 
 
 support during action for divorce, 1772. 
 see also Husband and Wife; Marriage. 
 
 Marshal: 
 
 service of habeas corpus on, 2000, 2004. 
 
 of New York city, 339. 3208. 
 
 search warrant to, 2710. 
 
 duties of, as to dispossess warrants. 2251. 
 
 precepts in summaiy proceedings, 2243. 
 fees of, for executing mandate, 339. 
 return of, on mandate. 339. 
 
 Marshaling Assets, 1403, 27o0. 
 
 Masculine Gender: 
 
 defined. Statutory Cons. Law, 8. 
 
 Master: 
 
 in chancery, duties of, may be exercised by referee, 827. 
 of steam vessel, when exempted from jury duty, 1080. 
 of vessel, contest of claim of lienor by, 3425, 3430. 
 
 default of, sale upon, 3426. 
 
 application for discharge of warrant by, 3435. 
 
 Master and Servant: 
 
 female servant, collection of wages of, 1391, 8028, 3131, 8167, 
 
 3221. 
 summary proceedings against employee holding over, 2331. 
 see also Employers and Employees. 
 
 Material Man: 
 
 liens of, preferred to those of contractor and sub-contractor, 
 3414; see Mechanics' Liens. 
 
288 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Materiality: 
 
 of errors, etc., see Mistakes. 
 of testimony, 871, 872, 887, 888. 
 
 in depositions, see Depositions. 
 see also Evidence. 
 
 Hatrimonial Action, see Divorce. 
 
 Mayor: 
 
 of New York, see New York, Etc. 
 oaths, etc., before, 842. 
 service of summons upon, 431. 
 powers and duties in relation to: 
 
 changing places to hold courts in New York, 43. 
 
 discovery of concealed effects of decedent, 2708. 
 
 dispossession of tenants, 2234, 2350. 
 when to act as surrogate, 2708. 
 
 exceptions, 2708. 
 
 Mayor's Court: 
 
 of Hudson, 3, 4; see HUDSON. 
 
 clerk's fees in, 3303. 
 
 drawing jurors for, 1042. 
 
 jurisdiction in special proceedings, 3334. 
 
 Measure: 
 
 of damages, 1208; see Damages. 
 
 Mechanics' Liens: 
 
 (1) proceedings for enforcement of mechanics' liens on real 
 
 property, 3398-3419. 
 purpose of title, definitions, 3398. 
 enforcement of, on real property, 3399. 
 
 under contract for public improvement, 3400. 
 actions in courts of record, 3401. 
 consolidation when two or more, 3401. 
 parties to action in court of record, 3402. 
 determination of equities of lienors, 3403. 
 actions in court not of record, provisions as to, 3404. 
 service of summons, 3404. 
 
 when personal service impossible, 3405. 
 proceedings upon return of summons, 3406. 
 default, 3406. 
 trial of issues, 3407. 
 
OF CIVIL PROCEDURE. 289 
 
 [References are to Sections.] 
 
 Mechanics' Liens — Continued. 
 
 executions, what to contain, 3408. 
 
 appeals in actions in courts not of record, 3409. 
 
 transcripts of judgments in such cases, 3410. 
 costs and disbursements in discretion of court, 3411. 
 
 amount thereof, 8411. 
 judgment where lien not established, 3413. 
 payment into court, offer of, 3413. 
 
 practice thereon, 3413. 
 material men and laborers preferred to contractors, 3414. 
 priority of claims, determination, 3414. 
 judgment may direct delivery of property, 3415. 
 
 for deficiency, effect of, 3416. 
 
 in actions for foreclosure of liens on public improvements, 
 3418. 
 on property of railroad, 3419. 
 discharge of, by order of court, 3417. 
 jurisdiction of New York city court as to, Z\h. 
 (3) proceedings to enforce liens on vessels, 3419-3441; see 
 
 Vessels. 
 to what liens the title applies, 3419. 
 verified petition for warrant, 3430. 
 undertaking, 3421. 
 execution of warrant, 3433. 
 order to show cause, contents, service, 3433. 
 publication of notice of execution of warrant, etc., 3434. 
 proceedings on return of order to show cause, 3435. 
 order of sale, when to issue, 3436. 
 sale, "hen made, return thereof, 3437. 
 notice of distribution of proceeds, 3438. 
 appointment of referee thereupon, 3438. 
 presentation and proofs of liens upon reference, 8439. 
 
 contesting claims, 3430. 
 trial of issues, 3431. 
 appeal, 34:^1. 
 
 costs on, judgment therefor, 8481. 
 distribution of proceeds, 3433. 
 payment of uncontested claims, 3433. 
 surplus after payment of claims, distribution, 8484. 
 discharge of warrant, application therefor, 3435. 
 
 undertaking upon, 3436. 
 action on, 8438. 
 
 discharge after undertaking, 8487. 
 19 
 
290 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Mechanics' Liens — Continued 
 costs of action, 3439. 
 return of warrant, 3440. 
 discharge of lien before issuing of warrant, 3441. 
 
 Medals: 
 
 wlien exempt from execution, 1393. 
 
 Meeting: 
 
 defined, Statutory Cons. Law, 19. 
 provisions as to. Statutory Cons. Law, 19 
 
 Member: 
 
 of unincorporated association, action against, 1922. 
 of legislature not obliged to act as justice of peace, 2867. 
 disqualified as juror, 1029. 
 
 Memorial Day, see Holidays. 
 
 Men: 
 
 defined. Statutory Cons. Law, 8. 
 
 Merger: 
 
 none of civil and criminal remedies, 1899. 
 
 Merits: 
 
 affidavit of, when necessary, 980. 
 
 Messengers: 
 
 of courts in Kings County, 95. 
 
 Mileage: 
 
 of constable, see Constable. 
 
 of sheriffs, 3307. 
 
 of stenographers, 260, 362. 
 
 of surrogates, 2567. 
 
 of witnesses, 3318. 
 
 see also Fees ; Salaries. 
 
 Militia: 
 
 exemption from jury duty, 1080, 1031, 1081-1083, 1127. 
 when sheriff may order out, 104. 
 when governor may order out, 107. 
 upon application of sheriff, 107. 
 oaths of office in, 3289. 
 pay and allowances exempt from execution, 1393. 
 
OF CIVIL PROCEDURE. 29I 
 
 [References are to Sections.] 
 
 Ministers of the Gospel, see Clergymen. 
 
 Minutes: 
 
 of challenges to jurors, see Trials (10). 
 of court adjournments, 34, 36, 2991. 
 of tines for contempt, 2976, 2993. 
 of judgment on conviction. 2976. 
 motion for new trial on, 999. 
 
 how exceptions taken, 1000. 
 of order as to strays, 3102. 
 of surrogates, 2498. 
 
 of testimon)' in condemnation proceedings, 3370. 
 of trials, stenographer's notes as, 1007. 
 of stenographers in surrogates' courts, 2541, 2542. 
 
 in New York and Kings counties, 2543. 
 furnishing copy of, by justice of pe.ace, 3149. 
 see also Certificatbs, Etc. ; Evidence ; Stenographers. 
 
 Misappropriation : 
 
 of public property, action for, 1969-1976; see Actions (10). 
 
 by attorneys, 71. 
 
 by justice of peace, 3153. 
 
 see also Conversion ; Embezzlement. 
 
 Mischief, see Injuries. 
 
 Misconduct: 
 
 of officer party, etc., court of record may punish for, 14. 
 in office or professional employment, arrest for, 549. 
 of different officers, etc., see under the heading of the differ. 
 ent officers. 
 
 Misdemeanors: 
 
 punishment for, 3346. 
 
 attorney guilty of, may be suspended, 67. 
 
 for allowing liberty to one confined for contempt, 157. 
 
 breach of trust by guardian, 1679. 
 
 bringing action without authority in name of another, 1900. 
 
 bringing liquor into jail, 130. 
 
 champerty, etc., 73-75, 3137, 3138. 
 
 concealment of notice to attend as trial juror, 1160. 
 
 concealment by trial juror of corrupt offer to secure IiIb 
 
 exenjption, 1124. 
 disobeying or resisting service of attachment, 2996. 
 aiding escape from prison, 159. 
 
292 INDEX TO NEW YORK CODE 
 
 [References are to Sections. J 
 
 Misdemeanors — Continued. 
 
 evasion of writ of habeas corpus or certiorari, 2051-2053. 
 failure to deliver or return precept in dispossess proceedings, 
 
 3241. 
 failure to turn over books to official successor, 1952. 
 false certifications, 1083, 1120, 1161. 
 false statement to avoid jury duty, 1121, 1122, 1160. 
 false return by constable, 2993. 
 neglect or violation of duty by public officer, 125, 130, 1083, 
 
 1111, 1159, 2993, 8136-3138. 
 offenses by judicial officers, 64, 2051, 3135-3188, 3158. 
 paying or receiving money for exemption from jury duty, 
 
 1122, 1123. 
 practicing as attorney vpithout having been admitted, 63, 64. 
 re-arrest of prisoner discharged on habeas corpus, 2051. 
 refusal to assist officers, 106. 
 
 refusal to search records, make transcripts, etc., 961. 
 selling liquor in court-house, 83, 130. 
 taking unlawful fees, 3136, 8138, 3382. 
 violations of duty by attorneys, 70, 73-75, 78-80. 
 
 by officer of provisions concerning civil prisoners, 125. 
 
 Misdescription, see Mistakes. 
 
 Misjoinder, see Joinder. 
 
 Misnomer, see Names. 
 
 Misrepresentation, see Fraud. 
 
 Mistakes: 
 
 in title of affidavit, 728. 
 
 on appeal, 1303, 2575, 3019, 3063. 
 
 in administering oath, 851. 
 
 in bonds and undertakings, 729, 730. 
 
 in clerk's seal, teste, or name, 24. 
 
 in award of arbitrators, 2875. 
 
 in pleadings generally, see Pleadings. 
 
 in fact, setting aside judgment for, 1283. 
 
 in judgments, 1882-1293. 
 
 in names see Names. 
 
 in joinder of parties, see Joinder. 
 
 in pleadings, 721, 730. 
 
 order to amend, 727; see Pleadings. 
 
OF CIVIL PROCEDURE. 293 
 
 [References are to Sectiuns. I 
 
 Mistakes — Continued. 
 
 in surrogate proceedings, 2474, 3538, 3575. 
 
 on sale of decedent's estate, 2784. 
 
 in writ of habeas corpus, 2024. 
 
 certain, cured by verdict, etc., 731, 733. 
 
 certain, cured by judgment, 731. 
 
 disregarding immaterial, 733. 
 
 amendment of, by court, 733. 
 
 relieving from judgments, etc. , for, 724. 
 
 amending official returns for, 725. 
 
 papers lost or withheld, using copy, 726. 
 
 relieving a party from failure to act within time limited, 783. 
 
 see also Amendments. 
 
 Mitigating Cireumstanees: 
 
 as partial defense, 508. 
 
 pleading, in breach of promise, 536. 
 
 proving, in libel, etc., 535. 
 
 Mobs and Riots: 
 
 governor may order out militia, 107. 
 
 Money: 
 
 in action for, damages to be fixed by jury, 1183. 
 
 decree for docketing, 2553. 
 
 in surrogate's court, enforcement of by execution, 3554. 3555. 
 
 defined. Statutory Cons. Law, 4. 
 
 in custody of clerk of New York city court, 331. 
 
 collected, failure to pay over, 3153. 
 
 distribution of surplus, in action to foreclose mechanic's lien, 
 
 3401, 3433,3434. 
 deemed assets, 2712, 2714. 
 in injunction proceedings: 
 
 when to be paid over, 614. 
 
 undertaking canceled, 615. 
 
 undertaking instead of, 619. 
 discharge upon paying, into court, 743. 
 general rules, 744. 
 to be paid to county treasurer, 745. 
 
 securities in the name of, 745. 
 
 accounts of, 752. 
 
 report of, 753. 
 
 as to N. Y. city chamberlain, 754. 
 
294 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Money — Continued. 
 
 power and duties of county treasurer, in relation to, see 
 
 County Treasurer. 
 discovery of, by executor, 2706, 2707, 2710. 
 
 by judgment creditor, 1871, 2447. 
 instruments for the payment of, how pleaded, 534. 
 in justice's court, 2941 . 
 levy on, mode of, 1410, 1411. 
 non-payment of, as contempt, 14, 16 ; see also Contempt. 
 paying into court: 
 
 custodians' books of account, 752. 
 
 annual report, 753. 
 application of code, 754. 
 discharge of party by, 743. 
 duty of New York city comptroller and chamberlain, 745. 
 
 754. 
 to county treasurer, 745. 
 
 securities in his name, 745. 
 in New York city court, 3164. 
 
 when and how deposited, interest on deposits, 746. 
 power of courts of record as to investment, 746-748. 
 power of custodian as to securities, 74!). 
 provision as to death, removal of county treasurer, etc., 
 
 750. 
 to be paid out only on countersigned copy of order, 751. 
 judgments for, 8348. 
 
 delivery of property instead of, 3415. 
 in surrogates' courts, 2587. 
 action to recover public, 1962, 1963. 
 tender of, see Offers; Tender. 
 see also Costs; Fees. 
 
 Monroe County: 
 
 jail liberties in, 145. 
 
 court stenographer in, 358, 861. 
 
 surrogate in, not to act as referee or attorney, 2495. 
 
 Month: 
 
 defined, Statutory Cons. Law, 20. 
 
 Mortgaged Property: 
 
 exemption of equity in, 1432, 1483. 
 executions against, 1480-1432. 
 
OF CIVIL PROCEDURE. 295 
 
 [References are to Sections.] 
 
 Mortgagees: 
 
 in good faith, title of, when not affected, 12o.j, 1484, 1485, 
 
 3777,2781. 
 redemption of property by, 1449-1478, 1508, 1509; see EXECU 
 
 TIONS. 
 what possession by, does not bar redemption, 1255. 
 no action of ejectment by, 1498. 
 protection of, from levy, 1485. 
 
 from executors' etc., sales, 2777, 3784. 
 
 Mortgages: 
 
 of corporate real estate, when leave of court required, 3390- 
 
 3397. 
 appeal from judgment of foreclosure does not stay execution, 
 
 1331. 
 on vessel, value as evidence, 915. 
 by committee for lunatic, 2339, 234.J-2364. 
 
 order of court, 3339. 
 by infant's guardian, 2345, 2348-2364. 
 
 restriction, 3356, 33.")8. 
 redemption barred after twenty years, 879. 
 of chattels, see Chattels. 
 for purchase-money, 12.)4. 
 
 preferred to judgment, 1254. 
 of exempt property, 1404. 
 of lands of decedents, 2749-2801. 
 
 to pay debts, etc., 3750, 3797-3799; see Real PROPERTY, 
 of corporate property or franchise, when void, 3430. 
 held I)}- decedents are assets, 2712, 2714. 
 to county treasurer, partition, 745-750, 1574, 1575. 
 
 for court funds invested, 74.V750. 
 
 vest in successor, 749. 
 (1) foreclosure of by action, and miscellaneous provisions 
 
 as to : 
 in what county brought, 983. 
 stay of other actions, 1628. 
 who may be made parties, 1627. 
 notice of pendency, filing, 1631. 
 
 contents, 1631. 
 complaint on, what to ytate, 1629. 
 prior execution of other judgments, 1630. 
 judgment for residue of debt, 1630. 
 additional costs in, 3253-3254. 
 
296 INDEX TO NEW YORK CODE 
 
 [Referenced are to Sections.] 
 
 Mortgages — Continued. 
 
 county court's jurisdiction, 340. 
 
 effect of, on surrogate's proceedings, 3797. 
 
 guardian for absent resident infant defendant, 473. 
 
 judgment; 
 
 what to contain, 1636. 
 
 where entered, 1077. 
 
 payment into court before, effect of, 1634. 
 
 payment into court after, effect of, 1635. 
 sale, directed by final judgment, 1626. 
 
 notice of, how conducted, 167S. 
 
 what title passes by, 1632. 
 
 of parcels, 1636. 
 
 of residue, 1636. 
 
 of the whole, 1637. 
 
 surplus, when invested, 1637. 
 
 when paid to surrogate, 2798. 
 disposition of surplus, 1633. 
 
 provisions as to, apply to foreclosure of mechanics' liens, 
 3401. 
 dismissing complaint on payment, 1634. 
 staying judgment, 1635. 
 
 appeal, undertaking for deficiency, 1327-1331. 
 foreclosure against corporation, 1810. 
 
 receiver, 1810. 
 officer selling, what to pay, 1676. 
 referee for, fees, 3397, 3307. 
 (2) foreclosure by advertisement, 2387-2409. 
 exception as to state mortgages, 2409. 
 
 as to United States loan mortgages, 3409. 
 requisites precedent to, 3387. 
 
 power of sale, 2387. 
 
 default, 2387. 
 
 no action on debt, 2387. 
 
 mortgage recorded, 2387. 
 notice of sale, contents of, 2388, 2391. 
 
 duty of clerk, 3390. 
 
 names of parties, 3391. 
 
 date of mortgage, 3391. 
 
 time and place of recording, 2391 . 
 
 amount due, etc., 2391. 
 
 description of property, 3391. 
 
 subscription, 2388. 
 
OF CIVIL P|iOCEDURE. 297 
 
 [References are to SectiooB.] 
 
 Mortgages — Continued. 
 how given, 2388. 
 publication of, 2388. 
 posting of, 2388. 
 delivery to clerk, 3388. 
 service, upon whom, 2389. 
 recording, 2390. 
 sale, postponements, 2392. 
 notice published, 2393. 
 at public auction, 3393. 
 in day-time, 2393. 
 in county of property, 2893. 
 in parcels, 2393. 
 in block, 3393, 
 who may purchase, 3394. 
 claims barred by, 3395. 
 affidavits of sale, contents, 3396. 
 of publishing notice, 3396. 
 of posting, 3396. 
 of serving. 3396. 
 by whom made, 2396. 
 when one sufficient, 3397. 
 printed notice annexed, 3397. 
 filing, recording, 2398. 
 
 note on mortgage records, 2399. 
 as presumptive evidence, 2398. 
 purchaser's title, if stranger, 2'(00 
 
 if mortgagee, 2400. 
 surplus paid into supreme court, 3404. 
 into surrogate's court, when, 2798. 
 claims on, petition, 3405. 
 
 application, 2406. 
 
 reference. 2407. 
 
 limited. 240H. 
 
 distribution, 3407. 
 costs and disbursements in, 2401-2403. 
 
 Mother, see Relationship. 
 
 Motions and Orders: 
 
 definition of order, 767. 
 of motion, 768. 
 
298 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Motions and Orders — Continued. 
 
 (1) motions: 
 
 hearing, in New York city court, 26. 
 
 in supreme court, 769. 
 for judgment, 162-164. 
 
 witlidrawal of, 777. 
 penalty for, 778. 
 for judgment, by default, 1314. 
 
 in other cases, 1821, 1225. 
 for new trial, 190, 191, 194, 992-1007, 1227, 2558, 3251. 
 for leave to issue execution after judgment debtor's death, 
 
 1381. 
 for examination before trial, 8" 0-873. 
 for reference, 887, 1015. 
 for change of place of trial, 986, 989. 
 to change venue, see Trials (3). 
 to set aside attachment, 682-686; see ATTACHMENT. 
 
 judgment, 777, 785, 1282-1292. 
 
 penalty, 778; see Judgment, Etc. 
 
 mandamus, 2075. 
 
 report for dower, 1611 . 
 
 writ of prohibition, 2097. 
 depositions to be used on, 885. 
 notice of, 780; see Notice. 
 
 in New Y'ork city court, 3161. 
 provisions as to, in actions, apply to proceedings instituted by 
 
 state writ, 1997. 
 costs on, 8236, 3251. 
 
 payment, when, 779. 
 
 execution for, 779. 
 
 stay until paid, 779. 
 
 in contempt for, 779. 
 defined as application for order, 768. 
 reference upon, in New Y'ork city court, 3172. 
 in supreme court, where to be made, 769. 
 in first district when, 770. 
 transfer of, to another judge, 26, 771. 
 
 by judges' order, 771, 
 
 by stipulation, 771. 
 successive, rule as to, 776. 
 
 penalty, 778. 
 
 (2) orders : 
 
 on appeal, 1317-1823, 1342, 1347, 1356-1861; see Appeals, 
 
OF CIVIL PROCEDURE. 299 
 
 [References are to Sections.] 
 
 Motions and Orders — Continued. 
 defined, 767, 3556, b343, sub'd 20. 
 for sale in action to foreclose lien on a vessel, 3426. 
 out of court, granting, by whom, 354, 772, 773. 
 
 in first district, 770. 
 
 vacating, 773. 
 
 reviewing, 774. 
 to show cause, when to issue, 780. 
 
 when returnable, 780. 
 
 copy of affidavits, 783. 
 
 may be transferred to another judge, 771. 
 
 in action to foreclose lien on vessel, 8433. 
 proceedings upon return, 3435. 
 to stay proceedings, 775. 
 directing payment, how enforced, 779. 
 changing place of trial, 989. 
 copies to be furnished, 3149, 3301, 3303. 
 entry of, 1304; see Filing Papers. 
 
 fees for, see Fees. 
 disobedience to, see Contempt. 
 new motion not allowed after refusal of, 776-778. 
 injunction, see iNJUNCmoNS. 
 final, relating to state writs, 1997. 
 
 certiorari, 2141-2145. 
 
 habeas corpus 3031,- 3082, 3085, 3037, 3043, 2045, '2046, 
 2048-2051, 2058-2060, 2062; see also Habeas Corpus 
 (3). 
 
 mandamus, 2082, 3084-2088, 2090. 
 
 prohibition, 3098, 3100, 3101. 
 justice to enter in docket, 8140. 
 in New York city court, 337, 338. 
 of reference, see Reference. 
 in surrogate's court, 3550-2556. 
 
 in supplementary proceedings, see Supplementary Pro- 
 ceedings. 
 for stay of proceedings, see Stay. 
 no arrest or impi'isonment for order directing pay iieiit of 
 
 money, exception, 16. 
 suspending lien on appeals, 1856-1258. 
 taken bj' surprise, inadvertence, etc., 724. 
 publication of, in certain actions for benefit of creditors, 786. 
 for discoT'ery, how obtained, 805-807. 
 
 vacating, 806. 
 
300 INDEX TO NEW YORK CODE 
 
 [RefeitiK-eH arc lo Seclluns. ] 
 
 Motions and Orders — Coiitiuued. 
 
 for prosecution of bond, etc., to people for benefit of private 
 
 person, 814. 
 for trial of specific issues, 833. 
 in special proceedings, entry uf, 825. 
 
 for examination of plaintiff in action for personal injuries, 873. 
 substituted for writ of discharge, 2048. 
 
 enforcement of such order, 2049, 
 of body or officer included in term "determination" in cer- 
 tiorari proceedings, 3146. 
 discharge of mechanic's lien by, 3417. 
 (3) special cases : 
 appeals from; 
 
 in general, see Appeals. 
 
 costs on, 3239, 3351. 
 
 to court of appeals, 190, 191, 194. 
 
 granting mandamus, 2087. 
 
 granting prohibition, 2101. 
 
 vacating award, 2381. 
 when time to appeal from, may be enlarged, 785. 
 appointing receivers, see Receivers. 
 of arrest, see Aeeest. 
 for commission, see Depositions. 
 
 confirming, vacating or modifying award, 2874, 2375, 237S, 8381. 
 for discovery, see Discovery. 
 disobedience to, see Contempt. 
 dissolving corporations, 3428, 3429. 
 fees for entering, etc. , see Fees. 
 fixing costs, 2558. 3241, 3347. 
 granting leave to prosecute bond or undertaking, who may 
 
 make, 814. 
 injunction, see Injunction. 
 
 for plaintiff to give security for costs, 3371, 3273, 3276-3279. 
 of reference, see Repkeence. 
 for removal of prisoner to hospital. 137. 
 for sale of perishable property, 3175. 
 for sale of property of certain corporations, 3393 
 in supplementary proceedings, see Supplemfxtary Peo- 
 
 CBEDINGS. 
 
 Municipal Corporations: 
 
 provisions as to. Statutory Cons. Law, 18. 
 mechanics' liens against, enforcement, 3400, 341 8. 
 
OF CIVIL PROCEDURE. 30I 
 
 [References are to Sections.] 
 
 Municipal Courts: 
 
 enumerated, 3. 
 of Buffalo, 3. 
 of Rochester, 3, 3226. 
 jurisdiction, 3237. 
 of Syracuse, 3. 
 
 Municipal Law: 
 
 miscellaiR'Diis provisions as to municipal corporations; 
 application of code, 1804, 2431. 
 
 condemnation of real property by, see Condemnation Law. 
 liens against, see Mechanics" Liens. 
 
 actions by municipality, provisions as to, 549, 637, 1969-1976; 
 see Actions (10). 
 
 rules as to security, 1990. 
 on appeal, 1314. 
 
 costs, 3245. 
 taxpayers' action against officers, 1925-1931: see Actions (6). 
 actions by state for property, etc., belonging to, 1969-1976; see 
 Actions (10). 
 
 to recover public funds, etc., 1969. 
 
 attorney-general to act, 1976. 
 
 arrest in, 549. 
 
 attachment in, 637. 
 
 preferred causes, 789. 
 ordinances, see Ordinances. 
 see also Cities; County; Officers, Etc.; Towns; Villages. 
 
 Mutilation, see Cancelling; Destruction. 
 
 Names: 
 
 attorneys not to lend, 72. 
 
 of this code, 3344, Statutory Cons. Law, 29. 
 
 in docket-book, 1246. 
 
 in habeas proceedings, 2019. 2024. 
 
 of boards, etc., in certiorari, 2129. 
 
 of county where plaintiff desires trial, 417, 481. 
 
 of firms and partners, see Partnership. 
 
 of parties to actions. 417, 481. 
 
 corporation, 1777. 1813. 
 
 if name unknown, 451, 1979. 
 
 in justices' courts, 2884. 
 
 joint-stock association, 1924. 
 of persons to be served, see Service of Papers, 
 
302 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Names — Continued. 
 
 of officers, in corporate suits, 1919, 1920. 
 
 of president in suits by or against banking association. 431. 
 
 of president or treasurer in suits by or against unincDrporated 
 
 associations, 1919-1921. 
 
 fictitious, of bail, 14. 
 
 in habeas corpus, 2024. 
 lawful, when, 451, 2884. 
 effect on limitations, 401. 
 indorsed on papers, see Indorsement. 
 naisnomer, waiver of, 1777. 
 
 of stockl-iolders joined, 1813, 1934. 
 immaterial, 2024. 
 cured by judgment, 7-1. 
 proceedings to change: 
 
 of private persons, 2410. 
 effect on actions, 2416. 
 of infant, 2413. 
 
 notice of presentation of petition, 2413. 
 order, 2414. 
 
 when change takes effect, 2415. 
 of corporations generally, 2111. 
 of insurance companies, 2111. 
 of banking corporation, 2111. 
 of railroad corporation, 2411. 
 petition, 3411. 
 
 contents, 2412. 
 annual report of clerk, 2417. 
 annual publication in session laws, 2417. 
 substitution of new names in pending action, '3416. 
 vexatiously or maliciously suing in another's name, a misde- 
 meanor, 1900. 
 action for, 1900. 
 treble damages, 1901. 
 increased damages, 1901. 
 see also Signature ; Title. 
 
 National Banks, see Banks. 
 
 Naturalization: 
 
 clerk's fees for, 3303. 
 
 on declaration of intention, 3303. 
 
 on admission to citizenship, 3303. 
 New York city court no jurisdiction of, 318; see Aliens. 
 
OF CIVIL PROCEDURE. 303 
 
 [References are to Sections.! 
 
 Naval: 
 
 service of United States, pay, etc. , exempt from execution, 
 1393; see Militia. 
 
 Necessaries: 
 
 furnished prisoner, no charges for, 113. 
 prisoner may send for, 116. 
 see also Imprisonment. 
 
 Ne Exeat: 
 
 abolished, 548; see Arrest. 
 
 Neglect: 
 
 of duty by executor, trustee, guardian, attorney, etc.. 2579. 
 to proceed with action, 822. 
 to serve summons, 881. 
 see also Officers, Etc. 
 
 Negligence: 
 
 actions founded upon, 685, 3905. 
 
 limitation of, 383. 
 action for death caused by, 1902. 
 
 for whose benefit, 1903. 
 
 next of kin defined, 1905. 
 
 amount of recovery, 1904. 
 
 see Death; Officers, Etc. 
 
 Negotiable Paper: 
 
 pleading, 534. 
 
 attachment on, levy upon, 648. 
 
 certificate of notary as to protest, 983-935. 
 
 execution, how levied, 1411. 
 
 when lost, 1917. 
 
 action upon lost, by or against people, 1919. 
 
 Nephew: 
 
 of decedent, distribution to, 8732; see Relationship. 
 
 Neuter Gender: 
 
 defined. Statutory Cons. Law, 8. 
 
 New Hearing, 1004; see Motions, Etc.: Exceptions, Etc. 
 
 New Matter: 
 
 when court may require reply to, 516. 
 when deemed true, 533. 
 in injunction, 637. 
 
304 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 New Parties: 
 
 how brought in, 453; and see Parties. 
 
 New Promise: 
 
 eftVct on limitations, 395. 
 
 New Trial: 
 
 motion for, 1003. 
 
 on minutes, 999. 
 
 when case not needed, 998. 
 
 for failure to file decision, 1010. 
 
 after interlocutory judgment, 1001. 
 
 not a stay, 1005. 
 
 enforcement of judgment not to prejudice motion for, 
 1005. 
 
 exception not to prejudice, 1006. 
 
 restitution on, 1005. 
 
 judgment on, 1337. 
 appeal from order granting, 190, 3191-3194. 
 
 after denial of, 1336, 1350. 
 testimony of dead witness, 830. 
 in ejectment, 1525. 
 
 in action to determine claim to real property, 1646. 
 see Exceptions, Etc.; Motions, Etc.; Trials. 
 
 New Year's Day, see Holidays. 
 
 New York, City and County of: 
 
 actions by or against: 
 
 for condemnation of real property, 3888. 
 
 service of summons, 431. 
 
 special provisions retained, 3341, 
 
 preference of, 791. 
 attorneys in, 63, 64; see Attorneys, Etc. 
 branch post office in: 
 
 service through, 801. 
 
 not applicable to summons, 803. 
 calendar practice in, 977. 
 chamberlain: 
 
 commissions of, 3381. 
 
 fees of, 3321. 
 
 payment into court, of deposits, etc., 745-747, 754. 
 clerk's fees, 3304, 3305. 
 see also County- Clerk. 
 
OF CIVIL PROCEDURE. 305 
 
 [References are to Sections.] 
 
 New York, City and County of — Continued. 
 certain court attendants in, 93. 
 courts in, see Courts (11). 
 
 seals and records, etc., of former court of common pleas 
 and superior court, 38, 93. 
 
 calendars, 19, 977. 
 
 clerks not to be referees, etc., 90. 
 
 designation of terms, 38, 142. 
 of place of holding, 38, 43. 
 excepted from certain general provisions relating to: 
 
 court seals, 27. 
 
 fees, 8313. 
 
 notifying constables to attend court, 97. 
 
 stenographers, 2513. 
 
 summary proceedings, 2231. 
 jail, 130, 135, 143. 
 
 liberties, 145. 
 
 physician, 126. 
 
 removal of sick prisoners, 127. 
 jurors in, 1034, 1063, 1064, 1070, 1078-1113, 1117-1135", 1171, 
 
 1173; see also Trials (5). 
 mayor of ; 
 
 may change place of holding court, 43. 
 
 service upon, 431. 
 
 not to act as surrogate, 2484, 3485. 
 motions in, 26, 769, 770. 
 notice of sale of real property in, how published, 1678. 
 
 application of the code to statutes affecting, 3341. 
 pilot commissioners' actions in, 791. 
 powers of judges of courts of record in, 26, 770. 
 preference of actions by health board and other officials, 791. 
 provisions relating to, construction of, 3341. 
 public administrator of, 3643, 2660, 2665, 2669. 
 public records in county of, 955. 
 
 public notices, etc., in papers of, 1678, 2413, 2664; see Publi- 
 cation. 
 recorder, see Recorder. 
 register, 3306; see Registers of Deeds. 
 service of papers in, through branch post ofRce, 801. 
 sheriff of, 3307, 3308; see Sheriff, 
 stenographers in, 2512, 2513, 3543; see Stenographers. 
 surrogate of, 3484-3494, 3501, 3503, 2504, 3503, 2513. 2546, 
 3547, 3678, 2679, 3708. 2717, 3844; see Surrogates, Etc. 
 20 
 
306 INDEX TO NEW YORK CODE 
 
 [References are to Sections. ] 
 
 New York, City and County of —Continued. 
 tenancies in, 3334, 3339, 3344, 3346. 
 terms of supreme court in, 333. 
 
 see also Cities; Counties. 
 
 New York Law School: 
 
 exemptions of graduates of, 58. 
 
 New York State, see State. 
 
 Newly Discovered Evidence: 
 
 opening decree in surrogate's court for, 3481, sub'd 6. 
 
 Newspapers: 
 
 libel by: 1907, 1908, see Libel. 
 publication of laws, notices, etc., in, 836. 
 
 fees for, 3317. 
 see also Advertisements; State Paper. 
 
 Next: 
 
 defined. Statutory Cons. Law, 10. 
 
 Next Friend: 
 
 action by, for infant, 1755. 
 
 application through, to change name, 3410, 3414. 
 
 see also Guabdian and Ward. 
 
 Next of Kin: 
 
 defined, 1870, 1905, 3514, sub'd 12. 
 
 action against, by decedent's creditors, 1837-1860; see Lega- 
 tees, Etc. 
 distribution to, 3733, 3743. 
 granting letters to, 3660, 2663. 
 
 consent by, as to amount of administrator's bond, 3664. 
 notice of appraisment to be given to, 3711. 
 citations to, on judicial settlement, 2728. 
 see also Heirs ; Relationship ; Wills. 
 
 Niagara County: 
 
 court stenographers in, 361. 
 jail liberties in, 145. 
 
 Niece: 
 
 distribution to, 3733. 
 see also Relationship. 
 
OF CIVIL PROCEDURE. 307 
 
 [References are to SectioDS.] 
 
 Night-time: 
 
 defined, Statutory Cons. Law, 27. 
 
 Non-Resident, see Residence. 
 
 Non-Payment, see Money. 
 
 Non-Suit: 
 
 when not a bar, 1209. 
 
 before justice of peace, 3013. 
 
 not after jury retires, 1182. 
 
 trial of questions of fact on motion for, 1187. 
 
 Notaries Public: 
 
 affidavits before, value as evidence, 842. 
 
 protest of bills and notes, effect as evidence, 923, 924. 
 
 certificate of proof of presentation of foreign bill, 925. 
 
 Notes: 
 
 of issue, 977; see Trials (2). 
 
 filing, 977. 
 
 in New York city court, 3162; see Courts (U) (b). 
 promissory, see Bills, Etc. 
 
 attachment of, 648. 
 action against corporation on, 1 778. 
 to be deemed personal property of deceased, 3712, 2714. 
 how pleaded, 534. 
 see also Evidence; Trials. 
 
 Notice: 
 
 orders granted without, restraining waste, 1681. 
 
 to serve amended complaint, 558 
 publication of, see Publication. 
 
 time rules as to, see Time. 
 
 in particular cases, see Time. 
 service of, mode, 796-802; see Service op Papers. 
 
 upon body or board, how made. Statutory Cons. Law, 20. 
 
 see also Service. 
 
 in action to foreclose lien on vessel, 3417, 3424. 
 
 with summons, 419, 423. 
 
 time rules as to, see Time. 
 
 in particular cases, see Time. 
 
 proof of, 927. 
 of abandonment of claim to chattels not replevied, 1719. 
 
308 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Notice — Continued. 
 
 of acceptance of ofifer to assess damages at a specified sum, 
 
 736. 
 of acceptance of offer of judgment, 738, 739. 
 in actions in city court of New York, 3161, 3162, 3168. 
 affecting real estate, 1678. 
 advertising, 1678. 
 of appeal, 784, 1298, 1300-1803, 1314-1317, 1336, 1353, 3547, 
 
 2574, 2577, 3578, 3046-3050, 3053-3061, 3068-3070, 8105, 3140; 
 
 see Appeals. 
 of appearance, 421, 432, 479, 798, 2428; see Appearance. 
 of application for moneys in court in partition, 1564. 
 of application for surplus moneys, 2406. 
 of arrest of defendant in justice's court must be given to 
 
 plaintiff, 2897-2899. 
 of argument on appeal from justice's court, 3062. 
 of preference, 793. 
 of attachment, 649, 711. 
 
 of application to discharge attachment, 689, 696. 
 of claim to administration, 2666. 
 under condemnation law, 3361, 3362, 3364, 3370-3373, 3375, 
 
 3381. 
 under sale of corporate real property, 3392, 8394, 3895. 
 to creditors on reference in partition, to be published, 1562. 
 to creditors by temporary administrator, 2673. 
 to creditors by executor or administrator, 2718. 
 to defendant in default, 1319. 
 of demand that decision be filed, 3173. 
 of entry of judgment, 445, 1309, 1341, 1351, 3046. 
 of entry of order, 1309, 1325, 1343, 1351, 1359. 
 of re-entry in ejectment, 1505. 
 of exceptions, 994, 1315, 1353. 
 extending judgment lien, after ten years, 1252. 
 of filing return to alternative writ of mandamus, 2081. 
 of filing undertaking, 690, 1328, 1334, 1335, 3050-8052, 
 
 8272. 
 of demand for judgment, 420, 1212, 1735. 
 to jurors, 2109. 
 of justification of sureties, 578, 584, 1335. 
 
 exception to, 3274; see Undertakings. 
 of lien, effect of filing, 3441. 
 
 of lis pendens, 1670-1673, 1676; see Pendency of Action. 
 to stockholders in action for dissolution of corporation, 3489; 
 
 see Corporations. 
 
OF CIVIL PROCEDURE. 309 
 
 [References are to Sections.] 
 
 Notice — Continued. 
 
 of motions and applications: 
 
 within what time, 780, 3161. 
 
 to allow next friend of infant, etc., to sue, 1755. 
 
 for appointment of receiver, 714. 
 
 for appointment of temporary administrator, 2670, 2681. 
 
 for cancellation of judgment against bankrupt, 1368. 
 
 to change place of trial, 986. 
 
 to change name of infant, 2413. 
 
 to compel attorney to prove his authority, 1512. 
 
 for conditional examination of witness, 885, 889. 
 
 to confirm, vacate or modifj' award, 2373, 2376. 
 
 to discharge from arrest, 564, 2901. 
 
 for discharge of judgment debtor, 2205-2207. 
 
 of warrant in action to enforce lien on vessel, 3435. 
 
 to exonerate bail, 593. 
 
 to extend time for bail to surrender defendant, 601. 
 
 for final order in proceedings to dissolve corporation, 
 2438. 
 
 to set aside judgment, 1287. 
 when to occupant, 1288. 
 
 service of, 780. 
 for leave to bring action to vacate charter of corporation, 
 1799. 
 
 to enter upon land to make survey, 1682. 
 
 to issue execution, 1378, 1381. 
 
 to pay gross sum in lieu of dower, 1618. 
 
 to sell attached property, 708. 
 
 to sue on bond or undertaking, 814. 
 
 to sue upon judgment, 1913. 
 for mandamus, 2067, 2070, 2089. 
 
 of object of action to unknown defendant in partition, 1541. 
 of object of action by people to recover escheated property, 
 
 1978. 
 for order discharging levy upon personal property, 1311. 
 
 dispensing with security upon appeal, 1312. 
 
 granting or vacating injunction, 605, 609, 626, 637, 639. 
 
 substituting new parties, 1398, 1299. 
 
 suspending lien of judgment upon appeal, 1256. 
 
 vacating attachment, etc. , 683, 689, 696. 
 
 vacating previous order, for failure to enter same, 1304. 
 what judges may make orders without, 772. 
 for proceeds of partition sale, 1564, 
 
3IO INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Notice — Continued. 
 
 to set a&ide judgment for irregularity or error in fact, 1282 
 1286-1290. 
 
 for stay of proceedings, see Stay. 
 
 for summary judgment, 163. 
 
 for surplus money on foreclosure sale, 2406. 
 
 of payments of claims from surplus in action to foreclose 
 lien on chattel, 3433. 
 
 to terminate reference, 1019. 
 
 of temporary administrator for leave to sell, 2671 , 2681. 
 
 time of service of, 780, 3161. 
 how enlarged, 781, 783. 
 
 to vacate order of arrest, etc., ,568. 
 
 to owner of lands, etc., condemned, 2112, 2113, 2118. 
 
 of nature of action in matrimonial actions, 1774. 
 
 of ownership of judgment by receiver or assignee, 1363. 
 
 of payment of money into court, 732, 3272. 
 
 of pendency of action, see Pendency of Action. 
 
 of no personal claim, 423. 
 
 to plaintiff of arrest of defendant in justices' courts, 2897, 2899. 
 
 to quit before application in summary proceedings, 2236. 
 
 by neighbor upon landlord of bawdy house in summary pro- 
 ceedings, 2237. 
 
 in proceedings to discover death of life tenant, 2304, 2313. 
 
 proof of service of, 927. 
 
 of sale, 1385, 1386, 1429, 1434-1436, 1678, 2388-2392, 2396, 2897, 
 2401, 2772, 3030. 
 in justice's court, 3029. 
 penalty for taking down, 3030. 
 
 service of, in general, see Service of Papers. 
 
 summons served without the state, 443^4.5, 1541. 
 
 on summons, of sum for which judgment will be taken, 419. 
 
 of substitution of officer to hear special proceedings, 53. 
 
 of taking depositions, 896, 899, 915. 
 
 of taxation of costs, 2403, 3263, 3264. 
 
 of trial, 34, 736, 977, 980, 1719, 1725, 2384. 
 
 see also Motion and Orders ; Pubucation ; Service op 
 Papers. 
 
 Notify: 
 
 defined, as to jurors, 3343, sub'd 19. 
 
 Now: 
 
 defined, Statutory Cons. Law, 9. 
 
OF CIVIL PROCEDURE. 3II 
 
 [References are to Sections.] 
 
 Nuisance: 
 
 civil action for, 1660. 
 
 when may be brought, 1660. 
 
 defendants, 1661. 
 
 final judgment, 1663. 
 
 damages, 1662. 
 
 may direct removal of, 1663. 
 
 money demand, 1663. 
 
 joinder, 484, 1687. 
 
 to be tried by jury unless vraived, 968. 
 
 in county where property situated, 983. 
 abatement of, judgment may direct, 1663. 
 
 Numbers and Numerals: 
 
 defined. Statutory Cons. Law, 8. 
 in writs and process, 33. 
 
 Nuncupative Wills: 
 
 proof of, witnesses, 3618. 
 
 citation upon, 3616. 
 see also Wills. 
 
 Oath: 
 
 defined. Statutory Cons. Law, 14. 
 
 Oaths and Affirmations: 
 
 before whom to be taken. Statutory Cons. Law, 14. 
 examination before administering, 850. 
 affirmation, form of, 847. 
 
 when administered, 847. 
 
 peculiar modes of swearing, 848, 849. 
 oaths of office: 
 
 attorneys, 59. 
 
 of person acting as surrogate, 2493. 
 
 of executor, administrator, etc., 3594. 
 
 fees for, 3398. 
 
 when none. 3389. 
 mode of administering, kissing gospels, 845. 
 
 without so kissing, 845. 
 
 peculiar, at witness's option, 848. 
 
 according to religion, 849. 
 
 examination before, 850. 
 
 perjury, by any mode, 851. 
 
312 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Oaths and AlBrmatlons — Confmwed. 
 
 officers and bodies wlio may administer: 
 
 county judges, 843-844. 
 
 courts of record, 7. 
 
 justice to ofi&cer in cliarge of jury, 3006. 
 
 New York city court justices, 326. 
 
 clerk, etc., 329. 
 
 notaries public, 842. 
 
 olficer, board, commission or person authorized to take 
 testimony, etc., 842-844. 
 
 surrogates, 843. 
 
 class of, in general, 843. 
 
 out of the state, 844. 
 fees for administering, 3287, 3291, 3298. 
 
 when none, 1016, 3389. 
 
 for acknowledgments, 3298. 
 
 for swearing witness to deed, etc., 3298. 
 false, see Perjury. 
 of appraisers, 2711. 
 of arbitrators, 2369. 
 of attorneys, 59, 1514. 
 
 of clerk and deputy clerk of court of appeals, 199, 300. 
 of commissioners, for admeasuring dower, 1608. 
 
 in condemnation proceedings, 3370. 
 
 to determine sanity, 2329, 2364. 
 
 to make partition, 1550. 
 of constable, 3006. 
 of county clerk's deputy, 89. 
 of court clerks, 329. 
 of defendant, that evidence of authority of plaintiff's attorney 
 
 has not been served on him, 1512. 
 of executors, etc., and guardians, 2594, 2664, 2669, 2670, 2715, 
 3716, 2831, 3835, 3838, 2843; see Executors, Etc. ; Guardian 
 AND Ward. 
 
 without oath, 3840. 
 by guardian of infant, 2831. 
 
 of property of infant, 2830. 
 of interpreters, 333. 
 
 in Kings county, 360. 
 of jurors, 898, 2110, 2330, 2331, 2998, 3009. 
 of persons appointed to examine accounts of guardian, 2844. 
 of prisoner as to poverty, 113. 
 of public administrator of Kings county, 3669. 
 
OF CIVIL PROCEDURE. 313 
 
 [References are to Sections. 1 
 
 Oaths and Affirmations — Co/jtrnMed. 
 of referees, 721, 1016, 1608, 2445. 
 of state arbitrators, 2369. 
 of state lunacy cornmlssioners, 2329. 
 of stenographers, 82. 
 of sureties, etc., 2664. 
 of surrogates, 2492. 
 of temporary administrator, 2671. 
 of witnesses: 
 
 generally, 842-851. 
 
 before referees, 1026. 
 
 in condemnation proceedings, 3370. 
 
 in justices' courts, 3O0O-3O06. 
 
 in supplementary proceedings, 2444-2446. 
 
 to conveyances, wills, 936, 937. 
 
 examined on commission, 901. 
 
 stockholder, etc., of corporation, 1805. 
 
 in justices' courts, 3000. 
 to stateinent showing grounds for action 10 dissolve corpora- 
 tion, 1786. 
 to accounts rendered by clerk of court of appeals, 3283. 
 to accounts rendered by county clerks and registers, 
 
 3285. 
 to inventory, 2715. 
 
 to petitions for appointment of committee of person or prop- 
 erty, 2325. 
 
 for appointment of guardian or revocation of letters, 
 2822, 2838. 
 
 for change of name, 2412. 
 
 for discharge of insolvent, 2151, 2189. 
 
 to dispose of real property of incompetent person, 2350. 
 
 for removal of tenant, 2235. 
 
 for sale of animals seized, 308fi. 
 to pleadings, 513, 523-529, 531, 630, 1213, 1757, 1938, 2244, 
 
 2533, 2534, 3090, 3126: see Verification. 
 of prisoner, that he is unable to support himself, 112. 
 of public administrator, 2669. 
 of referees, 721, 1016, 1608, 2445. 
 to reports: 
 
 of committee or special guardian of incompetent person, 
 2356. 
 
 of partition sale, 1576. 
 
 see also Reports. 
 
314 INDEX TO NEW YORK CODE 
 
 [References are to Sectiona.] 
 
 Oaths and Affirmations — Continued. 
 to returns: 
 
 to alternative writ of prohibition, 2098. 
 to writ of habeas corpus, 2036. 
 see also Returns. 
 
 Object of Action, Notice of: 
 
 service and effect, 423. 
 
 in action for escheated property, 1928. 
 
 where parties are unknown, 1978, 1980. 
 
 for partition, 1541. 
 see Pendency op Action. 
 
 Objection: 
 
 may be taken by answer, wlien, 498. 
 when deemed waived, 499. 
 
 Oblitepation, see Destruction. 
 
 Occupancy, see Adverse Possession; Limitations; Real 
 Property. 
 
 Otfer: 
 
 defendant's, of specified damages, 736. 
 
 plaintiff's acceptance, 736. 
 
 effect of refusing, 737. 
 defendant's, of judgment, 738. 
 
 where more than one defendant, 738. 
 
 effect of refusing, 738. 
 
 effect of death of either party, 761-763. 
 plaintiff's, on counterclaim, 739. 
 
 costs on refusal of, 739. 
 
 by whom subscribed, 740. 
 judgment on, of corporation, when void, 2430. 
 as part of judgment-roll, 1237. 
 In justices' courts, 2892, 8070, 3072. 
 
 acceptance, 2892. 
 
 after appeal, 3072. 
 on condemnation proceedings, 3372. 
 of judgment, death of party does not stay, after acceptance, 
 
 763. 
 to pay into court, in action to foreclose mechanic's lien, 
 3413. 
 
OF CIVIL PROCEDURE. 315 
 
 [References are to Sections.] 
 
 Officers and Offices: 
 
 defined, 1388. 
 
 with reference to certiorari, 3146. 
 application by, for appointment of committee of lunatic, 2334. 
 application of code to, 3354. 
 arrest of, for peculation, 637. 
 
 exemption from, 565. 
 bonds, etc., of, see Bonds. 
 bond and undertakings to, 814. 
 certificate by, evidence, 931, 932. 
 fees. etc. of, see Fees. 
 
 reviewing determination of, see Certiorari. 
 actions by: 
 
 taxpayer for waste, 1935, 1928-1981. 
 
 overseers of poor, supervisors, etc., 1926, 1939-1931. 
 
 no security when in behalf of people, 1313, 1990. 
 
 do not abate by death of officer, 766. 
 
 in justices' courts, 2865. 
 
 certain ones preferred, 791. 
 
 place of trial of certain, 983. 
 actions against : 
 
 attachment for peculation, 637. 
 
 of corporations, 1781, 1795. 
 
 for usurping office or franchise, 1948-1956, 1987. 
 
 for waste in certain cases, 1925. 
 
 overseei's of the poor, etc., 1937. 
 
 designation of, in complaint, 1939. 
 successor, substituted, 1930. 
 
 costs in, 8344, 3858, 3259. 
 
 when injunction not to issue, 605. 
 
 in justices' courts, 3865, 3895. 
 
 limitations as to, 383, 385. 
 
 place of trial, 983. 
 
 certain ones preferred, 791. 
 delivery over of books and papers to successor, 2471a. 
 
 demand by successor, 2471a. 
 
 refusing, misdemeanor, 1952. 
 
 order to show cause, 2471a. 
 proceedings on, 2471a. 
 
 committing officer withholding, 2471a. 
 
 search warrant, 2471a; see Records, Public. 
 designation of, by official name in certain writs is sufficient, 
 3024. 
 
3l6 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 OflBeers and OfBiGes — Contmued. 
 effect of code, 3354. 
 execution of mandates by, 101-103. 
 execution against, when not to issue, 1931. 
 exemption from jury duty of certain, 1039-1081, 1081, 1082, 
 
 1137, 1138. 
 fines imposed upon, collection, 2293-3301; see Fixes and 
 
 Penalties (2). 
 habeas corpus or certiorari directed to, by name of ofSoe, 
 
 2024. 
 impeachment of, see COUETS (10). 
 return to certiorari to review after expiration of term of 
 
 office, 2136. 
 injunction against state officers, 605. 
 in supreme court only, 605. 
 notice required, 605. 
 judicial, see County Judge ; Judges ; Magistrates ; and 
 
 under tlie title of the several courts, 
 mandamus to, see Mandamus. 
 
 may be restrained in action to dissolve corporation, 1787. 
 may be joined as defendants when, in action against corpora- 
 tion, 1790. 
 
 proceedings under last two sections, 1792. 
 judgment therein, 1793-1795. 
 majority of, may petition for dissolution of corporation, 2419. 
 neglect or misconduct by: 
 
 action for. 549, 637, 1969, 2895. 
 stay of other actions, 1970. 
 b}'' people, etc., in U. S. or other foreign or state 
 
 courts, 1971. 
 arbitrators, vacation of award bj- reason of, 2374. 
 punishable as a contempt in certain cases, 14. 
 in allowing an escape, 159. 
 in taking fees not allowed by law, 33Sn-3o.S2. 
 debts due by reason of, not affected by discharge in insolv- 
 ency, 21S4, 2218. 
 in neglect to return mandate, 2270. 
 mandamus in certain cases, 2090. 
 in purchasing at certain sales, Ui79. 
 in neglecting or refusing to e.vecute mandates, ]03. 
 when not to practice as attorneys, 61, (i.'. 
 of corporation, suspension of, 1811, 1812. 
 oaths of office, see Oaths, Etc. 
 
OF CIVIL PROCEDURE. 317 
 
 [References are to Sections.] 
 
 Offleers and Of&ees — Continued. 
 
 oaths administered by or to, see Oaths, Etc. 
 
 process to be endorsed by, 24. 
 
 purchases by, making false sale, etc., 1679. 
 
 proceedings of, report of not libel, 1907. 
 
 city, see Cities. 
 
 county, see Counties. 
 
 records and papers kept by, copies as evidence, 933. 
 
 seal of, affixing, 958, 959. 
 
 security in actions by, when not required, 1990. 
 
 of courts, see COURTS. 
 
 judicial, see COURTS; County Judges; Judges. 
 
 removal of, 1811. 
 
 sales of chattels seized by, see Sales. 
 
 searoliing by, 961. 
 
 searches for, 3390. 
 
 what, may be compelled to testify, 1805. 
 
 service upon, 867. 
 
 village, see Villages. 
 
 visitorial powers of public, over corporation, unaffected by 
 
 certain provisions, 1783. 
 offices abolished, see Abolishment. 
 verification of pleading on behalf of, 535. 
 see also Agknts; Clerks; Public Officers. 
 
 Offleial Bonds: 
 
 action on, 1880-1892, 
 
 for official bonds of certain officers, see under the head of the 
 different officers; see also Bonds; Surrogates', Etc. 
 
 Omission, see Mistakes. 
 
 Onondaga County: 
 
 jail liberties in, 145. 
 
 court stenographers in, 358, 361. 
 
 Open Commission, 894-897. 
 
 Opinion: 
 
 challenge of juror for, see CHALLENGES. 
 
 court of appeals opinions, report of, 310, 313, 214-216, 248; see 
 
 State Reporter. 
 verdict subject to court's opinion, 1185. 
 
 oppression, see Officers, Etc.; Threats. 
 
3l8 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Oral Evidence: 
 
 under commission, 893, 894. 
 notice, 896. 
 in justices' court, 2981; see Evidence. 
 
 Oral Pleadings: 
 
 in justice's courts, 2940. 
 
 in marine causes, 3185. 
 
 on mandamus abolished, 2080. 
 
 Orange County: 
 
 court stenographers in, 256. 
 salaries, 357. 
 
 Orders: 
 
 defined, 767, 3343, sub'd 20; see Motions and Ordees. 
 in surrogate's court, 2549, 8556. 
 
 Ordinance: 
 
 proof of foreign, 943. 
 
 of city and village, 941 
 
 Original Entry: 
 
 copies of books of, evidence, 929, 930. 
 
 how to be verified, 981. 
 see Books, Etc. 
 
 Oswego City: 
 
 recorder's court of, 3196-3202. 
 
 same provisions applicable to Hudson, 8196; see Hudson. 
 
 Oswego County: 
 
 court stenographers in, 358, 361. 
 
 Overseer: 
 
 of property, as party in action to foreclose mechanic's Uen, 
 3403. 
 
 Overseer of Highways: 
 
 his order a defense in action for cutting trees, 1668. 
 may seize animals running at large, 8084. 
 see Officers, Etc. 
 
 Overseer of the Poor: 
 
 actions by and against, generally, 1926-1931; see A.CTIONS (6). 
 must apply for appointment of committee of incompetent in 
 certain cases, 2334. 
 
OF CIVIL PROCEDURE. 319 
 
 [References are to Sections.] 
 
 Overseer of the Poor — Continued. 
 
 notice thereupon, 2325; see Incompetents. 
 
 to receive fines imposed by justice of peace, 2875. 
 
 entry of minute of conviction by justice in docket book, 
 
 deemed a judgment in favor of, 2976. 
 vrhen to sue for penalty for strays, 3082. 
 
 for penalty when animal wilfully set at large, 3100. 
 may appear in action begun by private person against strays, 
 
 8112. 
 may prosecute action after failure by private person, 3118. 
 proceeds of sale of strays payable to, in certain cases, 3093, 
 
 8094. 
 see Officers, Etc. 
 
 Owner: 
 
 defined, 8358. 
 
 of stray having special property, 3114. 
 
 of vessel, contest of claim, of lienor by, 3425, 3430. 
 
 application for discharge of warrant by, 3435. 
 
 see Peopeett. 
 
 challenge to, 1177, 1178. 
 
 see also Challenges; Juey, Etc. 
 
 Paper and Papers: 
 
 writs to be on, 22. 
 
 size and quality of paper for legal papers, 796. 
 
 admission of genuineness of, 735. 
 
 on appeal, 1815. 
 
 copy as evidence, 938. 
 destruction of certain, 21; see Destruction. 
 discovery of, 803, 809; see Discoveey. 
 delivery compelled by mandamus, 1952. 
 delivery of copies of certain, with service of injunction, 
 
 610. 
 errors in, see Mistakes. 
 
 seal used with or on. Statutory Cons. Law, 13. 
 lost or withheld, how supplied, 726. 
 filing, see Filing Papees. 
 service of, 796-802; see Service of Papers. 
 lost, certificate as to, 921. 
 see also Books and Papers; Evidence; Records. 
 
320 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Parcels: 
 
 distinct, defined, 3343, sub'd 16. 
 
 redemption of, 1458, 1459. 
 separate, sale by, 1437. 
 
 Parent and Child: 
 
 see Children; Guaedian and Waed; Heirs; Infants; 
 Next op Kin; Eelationship. 
 
 Parol Evidence: 
 
 lost instrument proved by, 1917, 1918. 
 see also Evidence; Oral Evidence. 
 
 Partial Defense, 507, 508. 
 
 Parties: 
 
 (1) miscellaneous provisions : 
 to civil actions, style of, 3338. 
 
 on appeal, 1295-1299, 2569, 2573-2574. 
 to action to compel determination of claim to real property, 
 1638-1650; see Eeal Property (4). 
 
 for dower, 1596-1625; see Dowee. 
 
 of ejectment, 1496-1531; see Ejectment. 
 
 for nuisance, 1661-1663; see Nuisance. 
 
 in foreclosure, see Foreclosure. 
 
 in partition, see Partition. 
 
 in judgment creditor's actions, see Judgment Creditor's 
 Action. 
 
 in action for foreclosure of mechanic's lien, 3402. 
 
 in justice's court, see Justices' Courts. 
 
 in surrogates' courts, see Surrogates, Etc. 
 
 for waste, 1651; see Waste. 
 to creditor's action against legatee, 1838, 1842, 1846. 
 to special proceedings, in surrogates' courts, 2518, 2662-2666, 
 2731, 2742, 2743, 2754, 2755, 2803, 3806, 2808-2810, 2815, 2817. 
 contempt of, may be furnished civilly, 14. 
 no fees allowed to as witness in own behalf, 3288. 
 for appointment of guardian, 3823, 2834. 
 for application for discharge of prisoner in habeas corpus, 
 
 2038. 
 for probate of heirship, 8655. 
 on seizure of strays, 3090. 
 when sheriff is a party, duty of coroner, 173. 
 on state writs, 1994, 1995. 
 
OF CIVIL PROCEDURE. 32I 
 
 [References are to Sections. ] 
 
 Parties — Continued. 
 
 married women as, 450; see Married Woman. 
 trustee as, may sue alone, 449; see Trusts, Etc. 
 unknown, 1541, 1543, 1559, 1572, 1583, 1587, 3747. 
 deceased, judgment against, 1210. 
 deposition of, see Depositions. 
 executors as, 1817. 
 
 executors not having letters need not be joined as, 1818. 
 officers drawing etc., jurors as, 1177. 
 trustees as, 749. 
 
 appearance of, in person or by attorney, 55; see also Appear- 
 ance. 
 bonds or undertakings by, 811, 812. 
 
 suits on, 814, 3288-3290. 
 costs against, see Costs. 
 judge not to sit when he is, 46. 
 misjoinder of, demurrer for, 488. 
 defect of, demurrer for, 488. 
 
 misconduct of , as contempt, 14; see also Contempt. 
 motion to set aside judgment after death of, 1284. 
 motion by person not a party to set aside judgment, 1385. 
 notices of lis pendens by, see Pendency of Action. 
 in partition, payment to be made to, or to their legal repre- 
 sentatives or into court, 1580. 
 prosecuting or defending in person, 55, 77, 2528. 
 service of papers on, see Service of Papers. 
 
 by, 425. 
 substitution of, 815, 1296-1299, 1588. 
 as witness, 828, 830, 872. 
 (3) parties generally : 
 in interest, who are, 449, 2514, sub'd 11. 
 trustees, to sue, 449. 
 joinder of plaintiffs, 446. 
 
 of defendants. 447. 
 
 of parties in interest, 448. 
 
 of married woman and husband not necessary, 450; see 
 Joinder. 
 judgment for either 1304. 
 
 motion to vacate, 1283-1292. 
 if defendant's name unknown, 451. 
 bringing in necessary parties, 452. 
 
 husband not, 450. 
 
 supplemental summons for, 458. 
 21 
 
322 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Parties — Continued. 
 
 (3) parties severally liable: 
 
 as defendants in same action, 454. 
 may be joined, 454. 
 who may be, 454. 
 plaintiff's option, 454. 
 defendant may apply for any relief, 455. 
 proceedings where service partial, 456. 
 if defendants are severally liable, 456. 
 if defendants are jointly liable, 457. 
 
 (4) parties in forma pauperis: 
 leave to sue as, petition for, 458. 
 
 counsel assigned to, 458. 
 
 contents of petition, 459, 464. 
 
 annulling, 463. 
 
 leave to defend as, 463. 
 
 contents of petition, 464. 
 proceedings, 465. 
 
 when and how leave granted, 460. 
 costs to or against, 461, 467. 
 appeals by, 466, 1294. 
 
 (5) infants as parties : 
 right to sue, 468. 
 guardian ad litem, 469. 
 
 application for, 470, 471. 
 how appointed, 473. 
 court clerk as, 473. 
 for absentee, 473. 
 security by, 474, 475. 
 general guardians as, 476. 
 liability for costs, 477. 
 
 (6) parties as ivitnesses : 
 competency of, 838-831, 838. 
 depositions of, 870; see Depositions. 
 husband and wife as, 831. 
 
 no fees as, when, 3388. 
 
 in supplementary proceedings, 2444. 
 
 (7) plaintiffs, see supra, (2) (3). 
 defined, 3338, 3358. 
 
 who may be, 446. 
 party in interest as, 448. 
 papers to be furnished by, 981. 
 
OF CIVIL PROCEDURE. 323 
 
 [References are to Sections.] 
 
 Parties — Continued. 
 
 rights of junior, in case of attachment of foreign vessels, 698, 
 
 701, 705. 
 abatement after death of, 761, 768. 
 cannot submit to nonsuit after submission of cause to jury, 
 
 1182. 
 relator, when may be joined with people as, 1986. 
 in justice's court, see Justices' Courts. 
 (8) defendants: 
 
 defined, 1994, 3338, 3358; see supra (3). 
 who may be, 447. 
 parties in interest, 448. 
 when name is unknown, 451. 
 joint, proceedings against one, 1517. 
 papers to be furnished by, 981 . 
 arrest of, see Aeeest. 
 
 attachment of property of, see Attachment. 
 election to proceed against one or more joint, 1516-1518. 
 in action to dissolve corporation, 1790. 
 in foreclosure, 1537. 
 in nuisance, 1661. 
 see also Trials. 
 
 Partition: 
 
 of lands, 1590. 
 
 of infants, 1590. 
 
 of idiots, 1590. 
 
 of lunatics, 1590. 
 
 of drunliards, 1590. 
 
 petition for, 1591. 
 
 authorized by court, 1592. 
 
 release, 1592. 
 effect, 1593. 
 unknown heirs, when presumed dead, 841. 
 judgment for, in action for waste, 1656-1658. 
 
 recording, 1595. 
 submission of, to arbitration, 2365, 2366. 
 parties to, who must be, 1532, 1588. 
 
 who may be, 1537, 1539. 
 
 creditors, 1540. 
 
 heirs, 1537. 
 
 lienors, 1540. 
 
 people, 1594. 
 
324 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Partition — Continued. 
 
 parties to, unknown defendants, 1541. 
 infant by guardian, 473, 1534, 1590. 
 lunatic, etc., by committee, 1590. 
 tlie state, 1594. 
 married woman as, 450. 
 proceedings on party's deatli, 1588. 
 bringing in heirs, etc. , 1588. 
 supplemental summons, 1588. 
 receiver of decedent's estate, 715. 
 action for, jurisdiction, 340, 341; see Jurisdiction; Real 
 Property. 
 
 place of trial of, 983. 
 
 when maintainable, 1532. 
 
 by infant, 1534. 
 
 vested remainders, 1533. 
 
 consent required, 1533. 
 
 appointment of guardian ad litem, 1535. 
 
 security by, 1586. 
 parties to, see Parties, supra. 
 complaint, 1542. 
 
 dismissed, when, 1533. 
 trying titles, 1543. 
 jury trial, 1544. 
 
 place of, 982. 
 preliminary reference, 1545. 
 interlocutory judgment, 1546. 
 partial partition, 1547. 
 
 of shares to be held in common, 1548. 
 commissioners, 1549. 
 
 oath, 1550. 
 
 when to make partition, 1551. 
 
 how to make partition, 1552. 
 
 when there is a particular estate, 1553. 
 
 report, 1554. 
 
 confirming or setting aside, 1556. 
 judgment on, 1557, 
 effect, 1557. 
 
 fees and expenses, 1555. 
 judgment, binds whom, 1539. 
 
 must direct delivery of possession, 1558. 
 
 must award costs, 1559. 
 
 against unknown parties, 1559. 
 
OF CIVIL PROCEDURE. 325 
 
 [References are to Sections. 1 
 
 Partition — Continued. 
 
 in action for waste, 1657. 
 recording, 1595. 
 liens on undivided shares, 1565. 
 reference, 1561. 
 
 when dispensed with, 1561. 
 notice published, 1563. 
 report of liens, 1562. 
 deposit for Hens, 1563. 
 
 claimant's applications for money deposited, 1564. 
 papers on, 1564. 
 payment, 1565. 
 delay to be avoided, 1566. 
 dower, in property to be sold, 1567. 
 right passes by sale, 1568. 
 purchaser free from, 1568. 
 gross sum, for dowress, 1569. 
 for life tenant, 1569. 
 investment of, 1569. 
 release of, 1571. 
 preferred cause, when, 791. 
 protection of inchoate dower, 1570. 
 
 of future estates, 1570. 
 married woman may release her interest, 1571. 
 receiver of decedent's estate appointed in, 1869 
 
 of unknown owners, 1573. 
 sale, if actual partition cannot be, 1532, 1560. 
 consent, when required, 1533. 
 interlocutory judgment to direct, 1560. 
 by referee, 1560. 
 by sheriff, 1560. 
 credit, terms of, 1573. 
 security on, 1574. 
 separate mortgages, 1575. 
 report under oath, 1576. 
 judgment confirming, 1577. 
 effect, on parties, 1577. 
 
 on encumbrances, 1578. 
 recording, 1595. 
 proceeds, costs, etc., deducted, 1579. 
 distribution, 1580. 
 
 payment to be made to party, or his legal representa- 
 tives or into court, 1580. 
 
326 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Partition — Continued. 
 for infants, 1581. 
 
 investment, 1581. 
 for unknown, 1582. 
 
 investment, 1583. 
 when presumed dead, 841. 
 for absentees, 1582, 
 for particular estates, 1583. 
 security to refund, 1584. 
 
 in name of county treasurer, 1585. 
 action on, 1586. 
 payment of taxes on, 1676. 
 
 provisions concerning made applicable to action for dower, 
 1625. 
 costs and expenses, how paid, 1579. 
 
 costs of each party to be paid to his attorney, 1579. 
 from proceeds of sale, 1580. 
 from party's share, 1580. 
 deducted before distribution, 1580. 
 on partition, against defendants, 1559. 
 
 execution to collect, 1559. 
 additional allowance, 3252-3254, 8258, 3263. 
 fees of surveyor, 3299. 
 compensation to equalize partition, 1587. 
 judgment, to award, 1587. 
 none against unknown parties, 1587. 
 none against infants, 1587. 
 exception, 1587. 
 to adjust rents, etc., received, 1589. 
 
 judgment for, in action for waste, proceedings thereupon, 
 1656, 1658; see Real Property; Waste. 
 
 Partners: 
 
 application to discharge attachment, 693, 694. 
 
 application to release property under execution, 1413-1417. 
 
 of attorneys, 72. 
 
 of attorney-general, 78. 
 
 of district attorney, 78. 
 
 penalty, 80. 
 of judge, 49, 50. 
 of justice of peace, 3889. 
 
 may make separate composition with creditors, 1942, 1943. 
 misjoinder, in actions against, 1945. 
 
OF CIVIL PROCEDURE. 327 
 
 [References are to Sections.] 
 
 Partners — Continued. 
 
 liability in separate action, 1946. 
 
 see also Joint Debtors ; Partnership. 
 
 Partnership: 
 
 as consenting creditor, 8155. 
 
 consent, how executed, 2155. 
 action to dissolve, 1947. 
 
 for accounting, 1947. 
 
 continuance of business, 1947. 
 undertaking, 1947. 
 attachment on property of, 693-696, 698. 
 discharging attachment on partner's interest, 693. 
 
 application, 693. 
 
 undertaking for, 694. 
 discharging execution on partner's interest, 1413. 
 
 undertaking for, 1414. 
 execution against property of, 1413-1417. 
 see also Partners. 
 
 Pastor, see Clergyman. 
 
 Patents: 
 
 proof of foreign, 956. 
 
 Pauper, see Parties (4); Poor. 
 
 Payment: 
 
 of capital stock, see Stock. 
 of creditors, petition for, 3732. 
 
 decree for, 3733. 
 
 security required, 2733. 
 of debts, see Debtor and Creditor. 
 of debts of decedent, 2717; see Executors., Etc. 
 of fees, see Fees. 
 
 of judgments, when presumed, 376, 378. 
 of legatees, petition for, 2723. 
 
 decree for, 3723. 
 
 security required, 3723. 
 of rent, see Real Property; Summary Proceedings. 
 of salaries, see Salaries. 
 into state treasury by county treasurer acting as a temporary 
 
 administrator, 2668. 
 effect of, under statute of limitations, 376, 377, 395. 
 
 upon mechanic's lien, 3414. 
 
328 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Payment — Continued. 
 
 by testamentary trustee, 2804r-2806, 3811, 2812. 
 by guardian, 2850. 
 order directing, liow enforced, 779. 
 judgment directing, 1310. 
 
 when party dead, 1310, 
 execution returned as proof of, 377. 
 and distribution, decree for, 2743. 
 partial, to prevent statute of limitations, 395. 
 vouchers for, by executors, 2729. 
 of money and securities into court: 
 
 offer of, in action to foreclose mechanic's lien, 3413. 
 
 must accompany tender after action brought, 733. 
 
 party discharged by, 743. 
 
 rules of, 744. 
 
 comptroller to supervise, 744. 
 
 payment to county treasurer, 745. 
 
 to New York chamberlain, 745, 3164. 
 of securities, 745. 
 
 depositaries, bonds thereby, 746. 
 re-investments or transfers, etc., by supreme court, 747. 
 
 by other courts of record, 748. 
 county treasurer's, etc., trust title, 749. 
 actions by, 749. 
 effect of death, 750. 
 accounts, how liept, 753. 
 annual reports, 753. 
 deposits of, in banks, etc., 746, 750. 
 how paid out, 751. 
 court order, 751. 
 applicable to New York chamberlain, 754. 
 in condemnation proceedings, 3116-2118, 3380. 
 by defendant in ejectment, 1506. 
 judgment requiring, how enforced, 1241. 
 into surrogate's court, 2537, 2553-2555, 2575, 2745, 2769, 
 
 2786, 2787, 2798, 3347, sub'd 6. 
 on discharge of lis pendens, 1674. 
 in lieu of undertal^ing on appeal, 1306. 
 
 on injunctions, 612-615, 618, 619. 
 of proceeds and surplus of sale in attachment, 675, 676, 
 on foreclosure, 1633-1635, 3404-3408, 2798. 
 partition to satisfy liens, 841, 1538, 1563-1565, 1568- 
 1570, 1580-1585. 
 
OF CIVIL PROCEDURE. 329 
 
 [References are to Sections.] 
 
 Payment — Continued. 
 
 from certain executions, 1417. 
 
 by executors and administrators, 2769, 3786, 2787, 3790, 
 2798-3800. 
 of uncontested claims, priority, etc., in action to foreclose 
 
 lien on vessel, 3433. 
 for lands, etc., taken for public use, 3114-2118, 3371, 3374, 
 3377, 3380. 
 payment, to governor, 3115. 
 
 by governor, 2116. 
 investment of proceeds, 2117. 
 upon redemption of real property, see Redemption. 
 of tender, 731-734, 1506. 
 see also COURTS ; Deposit ; Money, Etc. 
 
 Peace: 
 
 breaches of, as criminal contempt, 8. 
 
 Peace, Justice of, see Justices of the Peace, Etc. 
 
 Peace Officers: 
 
 arre.st by, see Arrest. 
 
 see also Constable; Marshals; Sheriff. 
 
 Peculation: 
 
 attachment against public officer for, 637. 
 action for, 1935. 
 
 Penalties, see Fines, Etc. 
 
 Pendency of Action: 
 
 plaintiff's notice of, 1670. 
 
 when may be filed, 1631, 1670. 
 
 in condemnation proceedings, 3381. 
 
 as constructive notice, 1671. 
 
 recording, 1671, 1673. 
 
 indexing, 1671, 1672. 
 
 when may be cancelled, 1674. 
 when after appeal, 1333. 
 
 how cancelled, 1674. 
 defendant's notice of, 1673. 
 
 when may be, 1673. 
 notice of: 
 
 in action for dower, 1685. 
 
 of ejectment, 1524, 1536, 1685, 1978, 1979. 
 to foreclose mortgage, 1631, 1633. 
 
330 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Pendency of Action — Continued. 
 for partition, 1557, 1577. 
 by creditors, against executors, etc., 2751. 
 against heirs, etc., 1853, 1854. 
 
 to compel determination of claim to real property, 
 1645, 1646. 
 cancellation of, 1323. 
 on attachment of realty, 649. 
 when cancelled, 711. 
 notice of, in certain actions against sheriff, 161. 162. 
 
 notice to prisoner's sureties, 161. 
 effect of, on proceedings before surrogate, 2797. 
 see also Actions ; Notice. 
 
 Penitentiaries: 
 
 property of prisoners in, 2219-2230. 
 
 trustees, when appointed, 2219. 
 
 powers and duties, 2227. 
 see also Criminal's Property ; Jails : Prisons. 
 
 Pensions: 
 
 exempt from execution, 1393. 
 
 to minor, exempt from surrogate's fees, 2501. 
 
 property purchased with, may be liable for taxes, 1393. 
 
 People: 
 
 actions, etc., in behalf of: 
 
 attorney-general to bring, 1948. 
 
 proceedings when rightful party named, 1949. 
 
 trial by jury, 1950. 
 
 no security required in, 1313, 1918, 1990. 
 
 for misappropriation of public property, 1969-1990 ; Bee 
 Actions (10). 
 
 costs in, 3241-3247; see Costs. 
 
 justices' courts have no jurisdiction, 2863, 3117, 3223. 
 
 limitations of, 362, 363, 387, 389. 
 
 New York district court, 3215. 
 
 in Albany and Troy justices' courts, 8333. 
 
 verification of pleadings in, 585. 
 
 are preferred causes, 789-791. 
 appeal by, when effects a stay, 1313. 
 
 when not in habeas corpus or certiorari, 3058. 
 
 no security necessary on, 1313. 
 
OF CIVIL PROCEDURE. 33 1 
 
 [References are to Sections.] 
 
 People — Continued. 
 
 bonds and undertakings to, 814, 1888. 
 
 action on, 1915. 
 deposit of moneys belonging to, see Deposit. 
 lands belonging to: 
 
 partition of, see Partition. 
 taken for use of, see Assessment of Dasiages. 
 mortgages to, see Mortgages. 
 patents from, 1957-1960; see Actions (9); Letters. 
 penalties for use of, 1961-1968; see Fines, Etc. 
 partition of property owned by private persons in common 
 
 with, 1594. 
 writs, etc., to be in name of, 32. 
 
 state writ in behalf of, 1993, 1994 ; see Assessment of Dam- 
 ages; Ceetiokari; Habeas Corpus; Mandamxts; Prohi- 
 bition; State Writs. 
 
 Peremptopy Challenge, see Challenges; Trials. 
 
 Peremptory Writ of Mandamus, see Mandamus. 
 
 Performance: 
 
 of condition, how pleaded, 533. 
 
 Perishable Property: 
 
 executor not to be charged with, 3729. 
 sheriff's fees for levy on, 3307, sub'd 7. 
 sale of, 656, 1310, 2666, 3175. 
 
 Perjury: 
 
 administrator or executor not liable personally for false 
 
 pleading, 1831. 
 defined, 851. 
 
 in insolvency proceedings, 2159, 2186, 2214. 
 by interpreters, 834. 
 as to liability of jurors to serve, 1125. 
 verified pleadings construed as to, 524. 
 before sheriff's jury, 108. 
 see also Evidence (S); Oaths, Etc. 
 
 Permanent Improvements: 
 
 use of. when not included in damages for withholding dower, 
 
 1601. 
 considered in admeasuring dower, 1609, 
 in action to recover real property, 1531; see Improvement. 
 
332 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Perpetuation of Testimony, see Depositions. 
 
 Person: 
 
 attachment of, see AlTACHMiiNT. 
 defined, 3358. 
 
 as to surrogate's court, 2514, suhd 11. 
 disorderly, see Disorderly Persons. 
 execution against, 14M7-149f5; see Executions (6). 
 guardian of, see Guardian and Ward. 
 injury to, as ground for attachment, 685. 
 interested, who is, 2514, sub'd 11. 
 private, arrest b^-, 593. 
 
 term " person " includes what. Statutory Cons. Law, 5. 
 see also Parties. 
 
 Personal Appearance, see Appearance. 
 
 Personal Claim : 
 
 notice of none to defendant, 428. 
 effect of service, 423. 
 
 Personal Injury, see Injuries. 
 
 Personal Liability: 
 
 of stockholders and directors, see Corporations. 
 see also Executors, Etc. 
 
 Personal Property: 
 
 escheated for treason, action to recover, 1982. 
 includes what, 2514, sub'd 13; see also Statutory Cons. Law, 4. 
 conversion of, and injury to, as a ground for attachment, 685. 
 how warrant of attachment levied upon, 649. 
 what exempt, see Executions (8). 
 probate of will, how far conclusive as to, 2626. 
 ancillary letters on foreign will of, 2695. 
 distribution of, among next of kin, 2732-2734. 
 advancement of, 2733. • 
 
 execution against, 779, 3036-3082, 1369-1371 ; see Executions. 
 Hen on, levy and sale of, rights of indemnitors of sheriflE, 
 1405, 1429. 
 forfeiture of, 1982. 
 of decedent, see Executors, Etc. 
 
 action to recover, time limited for, 382, 392; see CHATTELS, 
 bailment of, see Pledge. 
 bequest of, see Wills. 
 distraint of, see Distress. 
 
OF CIVIL PROCEDURE. 333 
 
 [References are to Sections.] 
 
 Personation, see False Name. 
 
 Pestilence: 
 
 change of jail in case of, 135, 
 change of court, by reason of, 38, 40. 
 
 Petit Jury and Juror: 
 
 same as trial juror and trial jury in state constitution, 3343, 
 sub'd 19; see Juky, Etc. 
 
 Petition: 
 
 verified, included under affidavits, 2528, 3343, sub'd 11; see 
 
 also Pleadings. 
 for leave to issue execution, 1381. 
 to sue as pauper, 458-460. 
 to defend as paupers, 463, 464. 
 
 by committee of incompetent, to agree to partition, 1591. 
 for habeas corpus, 2017-2020. 
 for sale of strays, 308(i. 
 for accounting and settlement, 812, 2689, 2722-2726, 2804, 
 
 2808-2811, 2814, 2835, 2841-2850. 
 allegation of jurisdictional facts in, 2473, 2662; see Juris- 
 diction. 
 for appointment of committee of incompetent person, 2323, 
 
 2325. 
 for appointment or removal of administrator, guardian, etc., 
 
 2662, 2663, 2670, 2685, 2686, 2689, 2698, 2817, 2822-2824, 2827, 
 
 2832, 2885, 2888, 2839, 2858, 2859; see Letters. 
 for appointment of trustees of convict's propert}-, -220, 2223, 
 
 2223. 
 to change name, see Names. 
 
 by claimant of surplus money, 2405-2407; see Payment. 
 to compel security to be given by trustee, executor, etc.. 2815, 
 
 2853. 
 for condemnation of lands and easements, 3360-8369, 3391- 
 
 3393. 
 for discharge from imprisonment, etc., 2188-2199. 
 
 of insolvent, 2150-2152, 2162-3166, 2171-2173, 2177, 3180, 
 2186. 
 for discovery, 805. 
 
 for disposal of real property of decedent, 2750, 2752-2754. 
 for disposal of real property of infant or incompetent person, 
 
 2349, 2350, 2360. 
 for dissolution of corporation, 2419-2422, 2427, 2480. 
 
334 INDEX TO NEW YORK CODE 
 
 LReferences are to Sections.] 
 
 Petition — Continued. 
 
 by executor or administrator, to discover property of decedent, 
 
 3707. 
 notice of, see Notice; Publication. 
 for payment or delivery of property by executor, trustee, etc., 
 
 2732-2784, 2804-2806. 
 for probate, or revocation of probate, 2614, 2647-2650, 2654, 
 
 2658, 3659. 
 for proceeds of public property recovered, 1975. 
 for production of life tenant, 2303-2305, 2311. 
 for removal of tenant, 2335-3239. 
 for sale of strays, 3086. 
 service of, see Service op Papers. 
 special proceedings commenced by, 2516-2518; see Special 
 
 Proceedings. 
 in surrogates' courts, see Surrogates, Etc. 
 
 Physical Examination: 
 
 in action for personal injuries, 873. 
 
 Physical Incapacity: 
 
 as a ground for annulling marriage, 1743. 
 
 Physicians and Surgeons: 
 
 appointments of, for county jails, 126-128, 135. 
 certificate by : 
 
 when liquor necessary. 128, 129. 
 
 as to jurors' illness, 1083. 
 
 penalty for false, 1120, 1161. 
 instruments of, exempt from execution, 1391. 
 exemption from jury duty, 1030, 1081, 1127. 
 
 as witnesses, 836, 878. 
 
 not to disclope professional communications, 834. 
 
 Place for Holding Court: 
 
 adjournment to another, 41. 
 changed by governor, 38. 
 
 recorded and published, 39. 
 
 by judge, 40. 
 
 in New York city, 43. 
 
 when court-house unfit, 43. 
 
 effect, 44. 
 
 Place of Trial, see Trials (3), and under the headings of the 
 respective actions. 
 
OF CIVIL PROCEDURE. 335 
 
 [References are to Sections.] 
 
 Plaintiff: 
 
 who may be joined as, 446. 
 
 in partition, see Partition. 
 
 in foreclosure of lien on chattel, see Chattel. 
 
 see Pasties. 
 
 Pleadings: 
 
 (1) in general: 
 application of chapter, 518. 
 liberal construction of, 519. 
 subscribed by attorney, 520. 
 service, on attorney, 520. 
 
 time within which, 520, 781-785. 
 
 copy on co-defendant, 521. 
 allegations not denied, 522. 
 
 when deemed true, 532. 
 amendments, without orders, 543. 
 
 by order, 737. 
 conforming to proof, 733. 
 defects, how cured, 721. 
 
 false, no liability of executor for making, 1831. 
 verified, when must be, 523. 
 
 when need not be, 528. 
 
 form of allegations in, 534. 
 
 how and by whom, 525. 
 
 form of affidavit, 526. 
 
 when confined to counterclaim, 527. 
 
 defective, how treated, 528. 
 
 in answer to fraud, 529, 
 
 in action to foreclose mechanic's lien, effect of, 3406. 
 
 in contested claims in action to enforce lien on vessel, 3430. 
 see also Oaths, Etc. 
 
 joinder of causes of action in, see Joindee. 
 pleading : 
 
 private statute, 530. 
 
 account, 531. 
 
 bill of particulars, 531. 
 requisites, 581. 
 
 judgment, 533, 
 
 condition precedent, 533. 
 
 money instrument, 534. 
 
 libel and slander, 535. 
 
 mitigating circumstances, 536. 
 
336 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Pleadings — Continued. 
 
 pleading limitation of action, 413. 
 frivolous, liow treated, 537. 
 
 judgment on, 587. 
 no appeal, 537. 
 costs, 537. 
 sham, stricken out, 538. 
 
 executor's liability for, 1831. 
 striking out as punishment: 
 
 for refusing inspection, 808. 
 
 in dower action, 1618. 
 
 for contempt as witness, 853. 
 variances, what material, 539. 
 
 amending, in case of, 589, 540. 
 
 failure of proof, 541. 
 verification of, see Oaths 
 amendments, when of course, 542. 
 
 witliout costs, 543. 
 
 for delay, etc. , 542. 
 stricken out, 542. 
 
 service of, 543. 
 
 failure to answer, 543. 
 to demur, 543. 
 
 when upon order, 727. 
 
 see Amendments; Mistakes. 
 supplemental, upon terms, 544. 
 
 of what matters, 544, 760. 
 
 rules as to, 544. 
 irrelevant, motion to strike out, 545. 
 scandalous, motion to strike out, 545. 
 
 attorney's liability, 545. 
 indefinite, amending, 546. 
 filing with clerk, 824. 
 
 witliin ten days, 824. 
 
 application for, 824. 
 
 when served by publication, 442. 
 
 when served out of state, 443. 
 
 of judgment-roll, 1237-1239. 
 destruction of, on file, 21. 
 
 how ordered, 21. 
 
 judgment-roll excepted, 21. 
 formal requisites: 
 
 in English, 32. 
 
OF CIVIL PROCEDURE. 227 
 
 [References are to Sections.] 
 
 Pleadings — Continued. 
 on paper, etc., 23. 
 to be legible, 23. 
 
 certain abbreviations allowed, 33. 
 judgment-roll to include certain papers, 1237. 
 
 or copies tliereof, 1237. 
 judgment as affected by: 
 
 when may be for more than demand, 1307. 
 but not on default, 1307, 1313, 1314. 
 lost, when copy may be used, 736. 
 
 copy to be furnished to court or referee, 981, 1717, 1735. 
 issues presented by, 963-981, 990, 1008, 1010, 1011, 1013, 1014, 
 1016, 1018, 1021, 1032. 
 see also Issues; Trials (3), (11). 
 service of, see Service of Papers; Time. 
 supplemental, on bringing in new party, 760. 
 
 in action for waste when judgment of partition granted, 
 1657. 
 default of partition, trial required in, 1545. 
 default of, relief as to, 783; see Default. 
 on writ of mandamus, 2078, 3076-3082. 
 on writ of prohibition, 8099. 
 
 in justices' courts, 2930, 2934-3958, 3090, 3110, 3136, 3140; see 
 also Justices' Courts. 
 in Brooklyn, 3126. 
 
 in action involving title, 2954, 2956, 2957. 
 in name of people, 1984. 
 in New York city court, 3165, 3166, 3174, 3184, 3185. 
 in New York district courts, 3208. 
 in marine causes, 3177, 3185. 
 in surrogate's court: 
 
 when must be %vritten, 2533. 
 verification. 2534. 
 in action to compel determination of claim, 1639-1641, 1648, 
 1649. 
 
 by or against corporation, 1775-1778. 
 
 by creditors against heirs and devisees, 1845, 1851. 
 
 for divorce or separation, 1753, r57, 1764, 176.'), 1770, 1774. 
 
 for dower 1606. 
 
 of ejectment, 1496-1511. 
 
 by or against executor or administrator, 1814, 1815, 1817, 
 
 1834, 1831, "751. 
 for cutting trees, 1668. 
 23 
 
338 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Pleadings — Continued. 
 
 in action of foreclosure, 1639. 
 
 on forfeited recognizance, 1966. 
 
 against joint debtors, 1932, 1938, 1939. 
 
 for partition, 1533, 1543-1544. 
 
 for penalty or forfeiture, 1897. 
 
 to recover chattel, 1717, 1719-1735, 1738. 
 
 against usurper of office or franchise, 1949. 
 (3) complaint ; 
 service with summons, 419. 
 
 effect if not served, 419. 
 
 notice instead of, 419. 
 
 in action to foreclose mechanic's lien, 3404. 
 judgment on, by default, 430, 1212, 1313. 
 
 when without application, 430, 1314^1216. 
 plaintiff's first pleading, 478. 
 service of copy, 479. 
 
 defendant's demand, 479. 
 dismissal, for non-service, 480. 
 
 for delay, 831, 833. 
 what to contain, 481. 
 
 demand of interlocutory judgment by, 482. 
 causes, separately stated, 483. 
 what causes of action may be joined in, 484. 
 grounds of demurrer to, 488; see (4) infra. 
 certain objections waived unless taken by answer or demurrer,. 
 
 499. 
 material allegations in, not denied deemed true, 533. 
 dismissal of, for disobedience to order for discovery, 808. 
 
 for neglect to serve summons, 831. 
 
 for neglect to proceed, 833. 
 when demand of judgment in, limits amount of recovery upon 
 
 default, 1307. 
 when not, 1207. 
 
 when dismissal of, prevents new action, 1309. 
 judgment by default upon verified, 1213. 
 verification of, see Verification. 
 answer to amended complaint, 543. 
 supplemental, 544. 
 in action where summons is served by publication without 
 
 the state, 439. 
 in replevin, taking how pleaded, 1731. 
 dismissal of, 1209, 1533. 
 
OF CIVIL PROCEDURE. 339 
 
 [References are to Sections.] 
 
 Pleadings — Continued. 
 
 jurisdictional facts stated in, see Jurisdiction. 
 
 right to arrest appearing in, 549, 558. 
 
 supplemental, 453, 544, 760, 784, 1657, 1790, 1845. 
 
 joinder when, 484; see also Joinder. 
 
 in special cases, see (1) supra. 
 
 in city court of New York, see Courts (11) (c). 
 
 in justices' courts, 2936, 2937; see Justices' Courts. 
 
 (3) appearance: 
 within what time, 421. 
 notice of to be served, 431. 
 
 how subscribed, 421. 
 ofBce address, 421. 
 see also Appearance. 
 
 (4) demurrer: 
 
 to complaint, 487-499. 
 
 grounds of, 488, 490. 
 
 objections to be specified, 490. 
 service of, is an appearance, 421. 
 to be subscribed by attorney, 431. 
 when to be served, 432. 
 or answer, defendant's only pleading, 487. 
 to whole or part, 493. 
 to reply, 493. 
 to answer, when, 494. 
 to counterclaim, 495. 
 
 objections to be specified, 496. 
 amendment on, 497, 
 severance after, 497. 
 answer instead of, 498. 
 objections when deemed waived, 499. 
 to partial defence, 508. 
 need not be verified, 533. 
 frivolous, practice in cases of, 537. • 
 to amended pleading, effect of not serving, 543. 
 raises an issue of law, 964. 
 
 triable before whom and where, 976, 990. 
 judgment upon, 1031, 1332. 
 
 costs on, 3077, 3233, 3233, 3339, 3351. 
 amount of, 3251, sub'd 3. 
 in mandamus: 
 
 to first writ, 2073. 
 
 to alternative writ, 3076. 
 
340 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Pleadings — Continued. 
 
 to return, 3078. 
 
 when an issue of fact may arise after, 3079. 
 service of, 3081. 
 
 to be deemed a pleading in an action, 2083. 
 in justices' courts, 3939; see Justices' Courts. 
 costs on, 3077. 
 (5) answer: 
 
 to be subscribed by attorney, 431, 530. 
 time to serve, 431, 530. 
 what to contain, 500. 
 
 denials, 500, 3406. 
 
 new matter, 500. 
 when may be served on co-defendant, 531. 
 when to be veriHed, 513, 523, 539. 
 verified prevents inquest, 980. 
 
 effect of, in action to foreclose mechanic's lien, 3406. 
 demurrer to, 494. 
 stricken out for disobedience, 808. 
 certain objections to be taken by, 498. 
 
 if not, deemed waived, 499. 
 or demurrer must be served by defendant, 487. 
 as to part and demurrer as to part, 492. 
 in certain cases to what restricted, 1989. 
 in action to foreclose mechanic's lien, 3403. 
 in replevin, what it may be, 1733; see Replevin. 
 in action for separation, 1765; see Divorce. 
 in summary proceedings, 2344; see Summary PEOCEEDiNas. 
 supplemental, 544. 
 counterclaim, defined, 501. 
 
 determination of, in action to foreclose mechanic's lien, 
 3408. 
 
 deemed an action when, 974. 
 
 cases of, 501. 
 
 judgment on, 503. 
 for plaintiff, 503. 
 for affirmative relief, 504. 
 
 rules respecting allowance of, 503. 
 
 when defendant is sued in representative capacity, 505. 
 
 when plaintiff sues in representative capacity, 506. 
 
 in action for divorce, 1770. 
 
 several may be pleaded, 507. 
 
 when verification confined to, 527. 
 
OF CIVIL PROCEDURE. 34I 
 
 [References are to Sections. J 
 
 Pleadings — Continued. 
 
 in action in city court of New York, 3174. 
 
 affidavit in attachment to show sum due over, 636. 
 
 against executors and administrators, 2751, 3757. 
 
 limitation of, 366, 897, 413. 
 
 lis pendens by defendant setting up, 1673. 
 
 offer of judgment on, 789. 
 
 in action against joint debtor not served, 1939. 
 
 provisional remedies for defendant interposing, 730. 
 
 reply allowed to answer containing, 514. 
 
 judgment on failure to reply to, 515. 
 
 several replies allowed to the same, 517. 
 
 may be stricken out for failure to obey order for discov- 
 ery, 808. 
 
 in justices' courts, 3938, 3945-2949; see Justices' Courts. 
 
 answer in summary proceedings may set up, 3344. 
 
 trial of issue on, 976. 
 several defences separately stated, 507. 
 partial defences to be definite, 508. 
 
 demurrer to, 494-496, 508. 
 
 specifying grounds, 496. 
 affirmative judgment on 509. 
 
 must be demanded, 509. 
 severing action on, 511. 
 
 plaintiff's motion for, 511. 
 judgment when counterclaim interposed for less than plain- 
 tiff's, 513. 
 not involving merits, 513. 
 
 to be verified, 513. 
 when defendant may interpose in case of substituted service, 
 
 445. 
 when demurrable objections may be taken by, 498. 
 defendants uniting in, costs in case of, 3229. 
 in partition, 1543. 
 in action to compel determination of claim to real property, 
 
 1640. 
 in divorce, 1757. 
 in summary proceedings, 3344. 
 in condemnation proceedings, 3365, 3366. 
 copy of, when to be served on co-defendant, 531. 
 raises issue, 964. 
 to amended pleading, 543. 
 judgment demanded in, for return of chattel, 2930. 
 
342 INDEX TO NEW YORK CODE 
 
 [References are to Sections. ] 
 
 Pleadings — Continued. 
 
 limitations to be pleaded in, 413. 
 
 injunction after service of, 609. 
 
 limitation of right set up in, 366, 397, 413. 
 
 to petitions, 3344, 3245, 3533, 2534, 2709, 2722, 3090. 
 
 time to put in, where defendant has been arrested, 566. 
 
 of title, 3951, 2952, 2958, 3235. 
 
 verified on contested application for injunction, 630. 
 
 verified, when to be treated as an affidavit, 630, 3843, 
 
 sub'd 11. 
 allegation of satisfaction of judgment in, 378. 
 in justices' courts, see Justices' Courts. 
 pleading sufficiency or want of assets, 1824. 
 (6) reply: 
 
 demurrer to, 493. 
 to counterclaim, 514. 
 
 denials, 514. 
 
 new matter, 514. 
 judgment on neglect to, 515. 
 
 notice for, 515. 
 
 reference for, 515. 
 
 writ of inquiry, 515. 
 judgment on frivolous, application for, 537. 
 distinct avoidance in, 516. 
 
 separate statement of, 517. 
 court may require, 516. 
 issue of fact raised, 964. 
 limitation in, 413. 
 new matter in, 533. 
 when stricken out, 808. 
 see also Actions. 
 
 Pledge: 
 
 sale of, under execution, 1413. 
 
 purchaser's right, 1412. 
 see also Bailee. 
 
 Plural Number, see Numbek. 
 
 Police: 
 
 in New York city, see Nevt York, Etc. 
 exempt from jury duty, 1081. 
 service of process by, 302. 
 
OF CIVIL PROCEDURE. 343 
 
 [References are to Sections.] 
 
 Police Courts: 
 
 not courts of record, 3. 
 jurisdiction of, 4. 
 see also Courts (18). 
 
 Policeman; see Police. 
 
 Political: 
 
 division of state, included under term "person," 3358. 
 
 Poll: 
 
 clerics, no fee on oaths to, 3289. 
 
 Poor: 
 
 (1) general and miscellaneous: 
 
 party prosecuting or defending as a poor person, 458-407; 
 see Parties (4). 
 
 (2) overseers of the poor: 
 actions by or against, 1926-1931. 
 
 for spoliation, etc., 1926. 
 
 when against, 1927. 
 qualified, 1928. 
 
 designation in summons, 1939. 
 
 substitution, 1930. 
 
 when execution against, not to issue, 1931. 
 application by, for appointment of committee of lunatic, 3334. 
 fines and penalties for benefit of: 
 
 for allowing animals to straj^, 3082, 3093, 3094, 3097, 3100, 
 3112, 3113. 
 
 for contempt, 2875, 2978. 
 proceeds of unclaimed property for, 3094. 
 (8) almshouses: 
 
 keepers exempt from jury duty, 1030. 
 superintendent of : 
 
 actions by or against, 1926-1931. 
 
 application by, for appointment of committee for lunatic, 
 3384. 
 see also Insolvency. 
 
 Poor Persons: 
 
 suits by, see Parties (4). 
 
 Population, see Census. 
 
 Posse Comitatus, 104-106, 2030, 3158; see Counties. 
 
344 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Possession: 
 
 adverse, see Adverse Possession. 
 
 of chattel, right to, how pleaded, 1730. 
 
 disturbance of, power of court to prevent in condemnation 
 
 proceedings, 3379. 
 of real property : 
 
 effect of, on limitations, 368, 875, 379, 
 
 entitles heir to bring action for partition, 1537. 
 
 action to recover, 1496-1531, 1638, 1643, 1644, 1664, 1675, 
 1683, 1685. 
 
 in action to discover tenant for life, 3310. 
 
 Postage: 
 
 charges for, 3391; see Service op Papers. 
 
 Posthumous Children: 
 citation by, 3737. 
 distribution to, 3733. 
 action for share of estate, 1868. 
 see Children. 
 
 Posting, see Mail ; Notice. 
 
 Postofflee: 
 
 service through, see Service op Papers. 
 
 Postponement: 
 
 of foreclosure, 3393. 
 see Adjournment. 
 
 Poundage: 
 
 of sheriff, on collections, 3307. 
 on settlements, 3307 
 
 Power of Attorney: 
 
 to execute satisfaction piece, 1360. 
 
 to receive service, 430, 433, 438, 2880-3883. 
 
 for domestic railroad company, 2880-3883. 
 
 for express company, 3881, 2882. 
 see also Powers. 
 
 Power of the County: 
 
 when sheriff may require, 104-106, 3039, 3158. 
 to execute mandate of justice of peace, 3158. 
 see Counties. 
 
OF CIVIL PROCEDURE. 345 
 
 [References are to Sections.] 
 
 Powers: 
 
 execution of, by whom: 
 
 by executors who qualify, 2642. 
 powers to select executor, 2640-2B43. 
 
 objections to, by whom, 2641. 
 
 when deemed exhausted, 2641. 
 see also Real Pbopeety; Teusts, Etc. 
 
 Ppaetiee: 
 
 of law, see Attokneys, Etc. 
 
 general rules of, making and publication of, 17-20, 193, 323. 
 
 as to deposit of moneys, 744, 746. 
 
 in case of discovery, ^O-l. 
 
 may provide as to trial of issue of law, 976. 
 
 as to settlement of case on appeal, 997. 
 
 as to appeal in special i^roceedings, 1361. 
 
 as to issuing of executions against decedents' estate, 1381. 
 in condemnation proceedings, 3396. 
 see also Actions; Courts; Pleadings; Rules, Etc.; Trials. 
 
 Preeeding: 
 
 defined, Statutory Cons. Law, 10. 
 
 Precept: 
 
 to bring up prisoner, 2029-2031. 
 
 on seizure of strays, 3087-3090, 3092, 3109, 3110. 
 
 in summary proceedings, 2288-2244, 2347, 2249. 
 
 to summon jury, etc., 2330, 2331. 
 
 see also Process. 
 
 Preference: 
 
 of debts of decedents, 1845-1849, 1852, 1855, 2719. 
 
 of infant or incompetent, 2363, 2364. 
 
 of insolvent, fraudulent. 2173. 
 between executions, etc., 1406-1408. 
 between liens: 
 
 costs, etc., of partition, lo40. 
 
 judgment, 1845, 1852, 1855; see also JUDGMENT, ETC. 
 
 of laborers, material men, etc., 3414. 
 see also Liens. 
 
 Preferred Causes: 
 
 appeal involving right to public office, 239. 
 application for preference, 793. 
 certain actions by the people, 789. 
 criminal actions, 790. 
 
346 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Preferred Causes — Continued. 
 
 civil actions, order of preference given in detail, 791. 
 
 on mandamus, 793. 
 
 on prohibition, 792. 
 
 marine causes, 3186. 
 
 order for, in appellate court, 793. 
 
 Prescription, see Limitations; Eeal Property. 
 
 Prescriptive Right, see Limitations; Real Property. 
 
 Presence: 
 
 contempt in, of court, 10. 
 
 Present Tense, see Tense. 
 
 Presentment: 
 
 of note or draft, proof, 933, 924. 
 of foreign bill, 925. 
 
 Presiding Justice: 
 
 of appellate division, 220, 321, 238. 
 see also Supreme Court. 
 
 Presumptions: 
 
 of appointment of guardian, when records removed, 2785. 
 
 of consideration, 840. 
 
 of date of letters' issue, 392. 
 
 of death, 841, 2310, 2311, 2317-2319. 
 
 of intestacy, 3665, 2669. 
 
 of jurisdiction by surrogate, 3473. 
 
 of legitimacy, 1760. 
 
 of possession of realty, 368, 373. 
 
 of satisfaction of judgment, 376-378. 
 
 of protest, 923. 
 
 of demand of payment or acceptance, etc., 924. 
 
 upon appeal, 1338. 
 
 see also Evidence. 
 
 Presumptive Evidence: 
 
 certificate of notary as to protest is, 923, 924. 
 
 recital in order is. Statutory Cons. Law, 19. 
 
 sheriff's deed, of facts therein stated, 1471; see Evidence. 
 
 of service of paper, 937. 
 
 Priests, see Clergymen. 
 
OF CIVIL PROCEDURE. 347 
 
 [References are to Sections.] 
 
 Prima Faeie: 
 
 evidence of validity of will, 2653a. 
 
 Principal, see Agents. 
 
 Printer: 
 
 affidavit of, to prove publication, 444, 936. 
 fees of, 3317. 
 
 Printing: 
 
 court calendar, expense of, 30. 
 disbursements for, taxed as costs, 3356. 
 see also Publication. 
 
 Priorities: 
 
 court to determine, 3403, 3418. 
 
 of claims in action to foreclose lien on vessel, 3433. 
 
 see Preference. 
 
 Prisoner: 
 
 rights of, as to jail liberties, 139, 140, 180. 
 
 removal, 127, 138. 
 
 officer and prisoner exempt from arrest, 119. 
 
 service of papers on, 131, 132. 
 
 deposition of, 877. 
 
 civil and criminal to be kept separate, 133. 
 
 where confined, when two or more jails, 123. 
 
 chai-ges prohibited, 113, 114, 117. 
 regulated, 115. 
 
 necessaries, 116. 
 
 how conveyed through county, 118. 
 
 code provisions apply to civil, only, 3347, sub'd 1. 
 
 delivery to new sheriff, 184. 
 
 escape, 155. 
 
 male and female, unless husband and wife, to be kept sepa- 
 rate, 134. 
 
 of United States, 133. 
 
 production of, 156. 
 
 contempt, confinement for, 157, 
 
 how kept, 110. 
 
 removal of, in case of fire, 143. 
 
 sheriff and constable's fees for conveying, 3307. 
 
 term of. 111. 
 
 support of, 113. 
 
 see also Arrest; Habeas Corpus; Imprisonment; JailS; 
 Prisons. 
 
348 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Prisons: 
 
 escapes from, see Escapes. 
 
 depositions of persons conlined in, 877. 
 
 officers exempt from jury duty, 1029, 1030, 1081, 1137. 
 
 Private: 
 
 citizen, see Citizen; Person. 
 person, see Person. 
 see also Property. 
 sale by auctioneer, S717. 
 statute, how pleaded, 530. 
 
 Privilege: 
 
 from arrest, 119, 554, 555, 564, 565, 860-865, 3904; see ARREST. 
 
 of juror, 1193. 
 
 of witnesses, see Evidence (3) 
 
 see also Exemptions. 
 
 Privileged Communieations: 
 
 to certain classes of witnesses, 881-836. 
 attorney and stenographer, 835. 
 husband or wife, 831. 
 clergyman, 833. 
 physician, 834. 
 see also Libel. 
 
 Probate: 
 
 of heirship, 2654-3659 ; see Heirs. 
 of wills, 3611-2649, 2743, 2851-3853. 
 for foreign wills, 2694-3704. 
 revocation of, 3647-3653a. 
 see also Wills. 
 
 Proceedings: 
 
 to discover property, see DISCOVERY, 
 adjournment does not aifect, 45. 
 continuance in New York, 26. 
 stay of, see Stay. 
 
 see also Special Proceedings ; Summary Proceedings ; Sup- 
 plementary Proceedings. 
 
 Process: 
 
 defined, to include executions, 1364. 
 amendments of, 721-733, 727: see also MISTAKES, 
 against unknown defendant, 451. 
 
OF CIVIL PROCEDURE. 349 
 
 [References are to Sections. 1 
 
 Process — Continued. 
 
 delivery of, to uew sheriff, 184. 
 
 designation of person to receive service of, see Service of 
 Papers. 
 
 to begin special proceedings, 433. 
 
 executions are, 1364. 
 
 where executed, 7, 338, 347 ; see also Jurisdiction. 
 
 failure of term of court does not abate, 44, 45. 
 
 formal requisites of, 82-34; see FORMS; Seal; Teste. 
 
 new, courts may devise, 7. 
 
 removal of cause does not affect, 346. 
 
 resistance to, see Resistance. 
 
 service of, 338, 434, 802; see also Service op Papers. 
 
 in surrogate's court, 2515, 2527; see Surrogates', Etc. 
 
 see also Actions ; Evidence (3) ; Mandate ; Precept ; Pro- 
 visional Remedies; Subpoena; Summons; Warrants; 
 Writs. 
 
 Proelamations: 
 
 changing place of court, 38, 39, 42. 
 how proved, 942. 
 
 Production: 
 
 of books, by subpoena, etc., 867-869; see Evidence. 
 
 Professional Instruments, etc.: 
 exeaipt from execution, 1391. 
 
 Prohibition, Writ of: 
 
 a state writ, 1991; see State Writs. 
 
 kinds, 2091. 
 
 when granted at special term, 2092. 
 
 when by appellate division, 2093. 
 
 alternative: 
 
 must be issued first, 3094. 
 
 contents, 2094. 
 
 service, 2095. 
 
 where returnable, 2095. 
 
 objections to, 2097. 
 absolute, issued when, 2096. 
 
 motion to quash, 3097. 
 
 to whom directed, 2094. 
 
 final order on, 2100. 
 appeal from, 2101. 
 
3SO INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Prohibition, Writ of— Continued. 
 return, verification, etc., 2098. 
 
 proceedings after, 2099. 
 as preferred cause, 792, 793. 
 effect on limitations, 406. 
 stay, 3102. 
 writ of consultation abolished, 3100. 
 
 Promise: 
 
 of marriage, see Breach op Promise ; Seduction. 
 new, reviving debt, 376, 395. 
 see also CONTRACTS. 
 
 Promissory Notes, 73, 648, 938-935, 937, 1411, 1778, 1917, 1918; 
 see Bills, Etc. 
 
 Proof: 
 
 of will, 2618-2633; see Wills. 
 of service of summons, 434. 
 what is failure of, 541. 
 see also Evidence. 
 
 Property: 
 
 defined, 713, 2514, 8343 (10), (16), Statutory Cons. Law, 2^. 
 assignment of, by insolvent corporation, void, 3430, 
 
 see also Debtor and Creditor ; Fraudulent Assign- 
 ment. 
 attachment of, see Attachment. 
 of corporations, 1781, 1784, 1787, 1788, 1793-1795, 1801, 1807, 
 
 1810, 3419-3433, 2429; see Corporations. 
 deposited in court, see Deposit ; Paysient. 
 deposit, delivery or conveyance of, 717, 718. 
 execution against, see Executions. 
 exempt, 1389-1404, 2713, 2724: see Exemptions, 
 forfeiture of, see Escheats ; Fines, Etc. 
 injunction against transfer, 1787; see Injunctions. 
 injuries to, see Injuries ; JIischiep ; Nuisance ; Trespass. 
 delivery of, how compelled, 718. 
 perishable, sale of in New York city court, 3175. 
 of married woman, see Husband and Wife. 
 of prisoners, 2319-2230. 
 public, action for spoliation of, 1969-1976. 
 qualification for jurors, 1037, 1038, 1079, 1126. 
 receivers of, see Receivers. 
 
OF CIVIL PROCEDURE. 35 1 
 
 [References are to Sections.] 
 
 Property — Continued. 
 
 see also Condemnation Law. 
 
 sequestration of, 1772, 1784; see Sequestration. 
 
 within state, actions against foreign corporations relating to, 
 
 1780. 
 in trust, see Trusts, Etc. 
 see also Personal Peopertt: Real Property. 
 
 Proposals: 
 
 for printing reports, 311. 
 
 Prosecution, see Actions. 
 
 Protest: 
 
 of notes, etc. , proof of, 923, 934. 
 see Bills, Etc. 
 
 Protracted Trials: 
 
 extra jury fee in, 3315. 
 
 Provisional Remedies: 
 
 not affected by supplemental pleading, 544. 
 
 appeals from orders as to, 1347-1350. 
 
 defendant may have, when, 730. 
 
 Jurisdiction acquired by, 416. 
 
 deposit, delivery and conveyance of property, 717, 718. 
 
 motions as to, when decided, 719. 
 
 two, when not allowed in same action, 719. 
 
 see Arrest; Attachment; Injunctions; Receivers. 
 
 Public: 
 
 accounts, see Accounts, Etc. 
 
 administrator, see Public ADMINISTRATOR. 
 
 auctions, see Auctions. 
 
 buildings, court-houses, see Court-Houses. 
 
 corporations, see Municipal Law. 
 
 documents, see Evidence; Records, Public. 
 
 funds, actions to recover, 1925, 1969-1976, 1984; see ACTIONS. 
 
 health, see Public Health. 
 
 holidays, see Holidays. 
 
 inns, see Inns, Etc. 
 
 offices, copies of papers filed in, to be evidence, 933. 
 
 places, 3383. 
 
 policy, assignments against, 1910, 1948. 
 
 printing, see Public Printing. 
 
352 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Public — Gontinued. 
 
 prosecutor, see Attorney-General ; District Attorney. 
 
 records, see Records, Public. 
 
 sittings of courts to be, 5. 
 
 use, lands taken for, see Condemnation Law. 
 
 see also Officers, Etc.; People; State. 
 
 Public Administratop: 
 
 see also New York, Etc. 
 in Kings count}', 3669. 
 county treasurer as, 3665. 
 
 bond of, 3666. 
 
 suit by, as executor, 3665. 
 
 discovery of effects, 3665. 
 
 superseding, when, 8667. 
 
 claimants of money, 3666. 
 
 powers and accounting, 3666. 
 
 commissions, etc., 8666. 
 
 account to comptroller, 3668. 
 appointing, to prevent waste, 2665. 
 
 proceedings for, 3666. 
 citation to, by surrogate, 3616, 8663. 
 preference of, in granting letters, 3643, 3660. 
 see also Executors, Etc. 
 
 Publication: 
 
 rule of construction as to, 3840. 
 
 special provisions as to, preserved, 3340. 
 application of certain provisions in cases of, 1216, 1817. 
 fees and disbursements for, 8403, 3856, 3393, 3294, 3307, 3317. 
 of legal notices, etc. : 
 
 in what papers, 826, 2535, 3536. 
 fees for, 3402, 3256, 3307. 
 proof of, in general, 926. 
 
 of foreclosure notices, 2396, 2397. 
 of insolvency proceedings, 2166. 
 of summons, etc., 444. 
 in surrogates' courts, 3525. 
 for time rules governing, see Time. 
 of accounts of county treasurer, 2668. 
 of change of name, 8413-3415, 8417. 
 
 relating to change of name of corporation, 3415, 3417. 
 of citations, 2517, 2538-8535, 3301-3303, 3306. 
 of court rules, 18, 57. 
 
OF CIVIL PROCEDURE. 353 
 
 [References are to Sections.] 
 
 Publication — Continued. 
 of court reports, 211. 
 
 of designation of terms of courts, 38-42, 226, 233, 325, 356. 
 of false reports of judicial proceedings, 8. 
 in what newspapers to be made, 2535, 2536, 3293. 
 by posting in public places, resolution establishing jail liber- 
 ties, U8. 
 of summons, 399, 438-445, 638, 707, 1541, 1582, 3160, 3165, 3170, 
 
 3405. 
 for unknown parties in partition, 1582. 
 for creditors in partition, 1562. 
 of libel, see Libel. 
 of notices : 
 
 in action to recover escheated or forfeited property, 1978. 
 
 for discharge of insolvent, 2165. 
 
 for dissolution of corporation, 2424. 
 
 for exemption or discharge from arrest, 2192, 2206, 2208. 
 
 of application for letters of administration, 2664. 
 
 for proceeds of partition sale, 1564. 
 
 of distribution of proceeds of sale in action to foreclose 
 lien on real propei-ty, 3428, 3434. 
 
 of appraisal of decedent's estate, 2711. 
 
 in condemnation proceedings, 2108, 2112; see Condemna- 
 tion Lavst. 
 
 to creditors to present claims, etc. , 786, 1562, 1807, 2673, 
 3754, 3787, 2788, 2793. 
 
 of drawing jurors, 1043, 1100. 
 
 of execution of writ of assessment of damages, 2108. 
 
 of issuance of warrant, etc., in action to foreclose lien 
 on chattel, 3434. 
 
 of judgment annulling corporation, 1803. 
 
 of lienors in partition suit, 1562, 1564. 
 
 period of, how computed, 785, 787. 
 
 method of, when no newspaper in county, 836. 
 
 to persons claiming right to administer, 2666. 
 
 of revocation of probate, 2653. 
 of sale: 
 
 in action for dower, 1678. 
 
 of attached property, 3307. 
 
 costs upon, 2402. 
 
 under execution, 1429, 1434^1476, 3029, 3307. 
 
 on foreclosure. 2388, 2391, 2393, 339fi, 2397. 
 
 on partition, 1678. 
 28 
 
354 INDEX TO NEW YORK CODE 
 
 [References are to Sections. J 
 
 Publication — Continued. 
 
 of perishable property, 3175. 
 of real property of decedent, 2772. 
 service of summons by, 442, 444, 1541, 3170, 3405. 
 
 expense of, may be included in costs, in action to foreclose 
 mechanic's lien, 3411. 
 see also Advertisements; Newspapers; Notice; Printing; 
 Service op Papers; State Paper ; Time. 
 
 Public Funds: 
 
 action for, 1969; see Actions (lOj. 
 
 in foreign courts, 1971. 
 action to recover misappropriated, 1969-1976; see Actions (10). 
 see Officers, Etc. 
 
 Public Health: 
 
 changing place of court for, 38-40; see Pestilence. 
 
 Public Holidays, see Holidays. 
 
 Public Improvement: 
 
 mechanics' liens for, enforcement of, 3400. 
 
 Public Office, see Officers, Etc. ; Public Officers. 
 
 Public Officers: 
 
 governed by Greenwich time. Statutory Cons. Law, 28. 
 
 action by and against, for peculation, 637, 1936. 
 
 certificate of, evidence, 931. 
 
 death or removal, effect on pending action, 766. 
 
 execution against, when not to issue, 1931. 
 
 examination of witnesses by, 843, 848, 849, 854. 
 
 meetings, quorum, majority. Statutory Cons. Law, 19. 
 
 seal of, how affixed. Statutory Cons. Law, 13. 
 
 proceedings to compel delivery of books to public officer. 3471a. 
 
 demand and complaint, 2471a. 
 
 order to show cause, 2471a. 
 
 hearing before justice, 2471a, 
 
 commitment, 2471a. 
 
 search warrant, 2471a. 
 verification of pleading in action by, 525. 
 papers, etc., kept by, copies of, as evidence, 983. 
 seal of, to be affixed to certificate, 958. 
 place of trial of action against public officer, 983. 
 appeals involving title to public office, 229. 
 see also the titles of the several officers, boards, etc. and 
 Officers, Etc. 
 
UF CIVIL PROCEDURE. 355 
 
 [References are to Sections.] 
 
 Public Printing: 
 
 court calendars, 19. 
 
 a county charge, 30. 
 see also Publication; State Paper. 
 
 Public Property, see Property. 
 
 Public Records, see Records, Public. 
 
 Punishment: 
 
 for contempt, see CONTEMPT. 
 
 of crimes for which no punishment is elsewhere prescribed, 
 3346. 
 misdemeanors, 3346. 
 remission of fine, 350-358. 
 
 Purchase: 
 
 by person in fiduciary capacity, 3774. 
 
 Purchase Money: 
 
 mortgage, 1254, 1573-1575, 2771. 
 recovery of, after execution sale, 1479. 
 lien, preference, 1254. 
 
 Purchasers: 
 
 on foreclosure, see Mortgages; Sales. 
 
 see also Fraud, Etc. ; Recording Deeds. 
 
 for value without notice, 1409, 2638, 2777, 2784. 
 
 at execution sale, action by, for waste, 1654. 
 
 liability of, pending action for ejectment or dower, 1685. 
 
 Putnam County: 
 
 stenographers for courts in, 256, 257. 
 
 Qualification and Disqualification: 
 
 of attorney, see Attorneys, Etc. 
 
 of executors, 2594-2601, 2612, 2613, 2686, 2688, 2642-2645, 2060, 
 2661, 2668, 3671,2685,3693, 3693, 2699, 2770; see Execu- 
 tors, Etc. 
 
 of jurors, see Challenges; Jury, Etc. 
 
 of witnesses, see Evidence. 
 
 of sureties, see Surety. 
 
 by bond and oath, see Bonds; Oaths, Etc. 
 
 by residence, see Residence. 
 
356 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Qualifleation and Disqualifleation — Continued. 
 
 bequest does not disqualify witness from testifying as to 
 
 execution of will, 3544. 
 disqualification of judges, 46-48. 
 of surrogates, 8485, 2486. 
 in what cases, 2495-2497. 
 objection for, 2497. 
 see also Judges. 
 see also Exemptions; Officers, Etc. 
 
 Quarter Year: 
 
 defined, Statutory Cons. Law, 35. 
 
 Quashing: 
 
 writ of prohibition, 2097. 
 
 Queens County: 
 
 jurisdiction in, of New York city court, 338, 3171. 
 stenographers for courts in, 356, 357. 
 
 Questions: 
 
 of law and fact, review of, on appeal, 1337, 1338; see 
 Exceptions, Etc. 
 
 Quo Warranto: 
 
 abolished, 1983. 
 
 action in place of, 1948-1956, 1983-1990 ; see Actions (7). 
 
 see also Attornet-General. 
 
 Quorum: 
 
 of appellate division, 330. 
 
 of commissioners to condemn lands, see Condemnation Law. 
 
 of convention to establish rules of practice, 17. 
 
 of officers, etc. , Statutory Cons. Law, 19. 
 
 Rabbi, see Clergyman. 
 
 Railroad: 
 
 personal service on, 2879. 
 
 otherwise, how served, 2880, 2883. 
 acquiring real estate: 
 
 petition to supreme court, 3360. 
 form and contents, 3360. 
 notice annexed, 3361. 
 service, 3362. 
 
OF CIVIL PROCEDURE, 357 
 
 [References are to Sections.] 
 
 Railroad— Continued. 
 
 on infants, 3362, 3363. 
 on insane, 3363. 
 
 on unknown owners, 3360, 8363. 
 commissioners, oath, 3370. 
 proceedings, 3369, 3870. 
 testimony, 3370. 
 deduction for benefits, 3370. 
 report, 8370. 
 
 confirmation, 8371. 
 see Condemnation Law. 
 
 companies, change of name, 2411-2414; see Names. 
 when deemed a resident, 341. 
 
 employees exempt from jury duty, 1030, 1081, 1127. 
 foreclosure of mechanic's lien on, 3419. 
 
 Rape: 
 
 sittings of court in cases of, 5. 
 
 Rates: 
 
 water, to be paid out of sale of real property, 1676. 
 
 Reading and Writing', see English Language; Writing. 
 
 Real Estate, see Real Property. 
 
 Real Estate Title Companies, see Title Companies. 
 
 Real Property: 
 
 (1) general provisions: 
 
 actions relating to and to injuries to, 340, 982, 2365, 2383, 
 
 2863 2951-2958, 8213, 3228, 3234, 3248. 
 advancement of child b}' settlement of, see Advancement. 
 defined, 2514, sub'd 13, 3358, Statutory Cons. Law. 3. 
 
 injuries to, 3343. sub'd 10. 
 
 distinct parcel, 3343, sub'd 16. 
 
 included under term " property," Statutor}' Cons. Law, 3. 
 
 includes what leaseholds, 1430. 
 acquiring by condemnation, 3357-3897; see Condemnation 
 
 Law. 
 additional allowances in actions affecting, 8252. 
 sale of. pending appeal. 1323. 
 attachment of, what subject to, 644, 645. 
 
 mode of levy, 649. 
 
 description, 654. 
 
358 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Real Property — Continued. 
 
 attachment of, cancelling notice, 711. 
 
 execution after, 1370. 
 
 execution for possession of, 1073. 
 
 against property in hands of tenant, etc., 1371. 
 
 against trust property, 1431. 
 
 against equity of redemption, 1432. 
 
 direction to be endorsed on, 143^^ 
 
 and see Executions. 
 conveyance of, by order of court or sheriff, 718. 
 descent of, see Heirs (1). 
 devises of, see Wills. 
 
 law governing, 3694. 
 executions against, see Executions. 
 expectant estates, 1653, 1655. 
 of corporations, sales of, see Coepoeations. 
 of decedent: 
 
 actions to collect debts from, see Legatees, Etc. 
 
 disposal of, 1838, 1845, 1866, 2563, 2675, 2676, 2749-2801 
 see Executors and Administrators (14). 
 
 judgments against, entered after death, 1211. 
 of infant or other incompetent person, 340, 3339, 2345-2364: 
 
 see Incompetents. 
 land warrant for military or naval services, 1393. 
 judgments and executions for delivery of possession of, 1284 
 
 1288, 187,1. 
 jurisdiction of county court, concerning, 340. 
 mechanic's lien against, discharge of, 3417. 
 notice of pendency of action affecting, see Pendency of 
 
 Action. 
 preference of purchase money mortgage on, 1254. 
 purchaser from heir protected, 2628- 
 
 presumption of death of life tenant, unknown heirs, etc., 841. 
 redemption of, see Mortg.vges; Redemption. 
 rents and profits of, see Rents and Profits. 
 sales of, see Executions ; Sales. 
 
 under judgment, 1343. 
 
 effect of conveyance, 1243. 
 
 requisites of conveyance, 1244. 
 
 by referee, security, 1243. 
 
 for debts and funeral expenses, 2749-3801; see ExECtTTOES. 
 Etc. (14). 
 
 fees of referee on, 3397. 
 
OF CIVIL PROCEDURE. 359 
 
 [References are to Sections.] 
 
 Real Property — Continued. 
 taxation of, see Taxes, Etc. 
 temporary administrator's control of, 2675. 
 trusts in, see Trusts, Etc. 
 void transfers of, of corporations, 3430. 
 
 exceptions, 2431. 
 ■when receivers may hold, 716. 
 
 in supplementary proceedings, 2468. 
 
 (2) estates, creation and division of : 
 partition of, 1.533, 1553. 
 
 chattels real, judgment lien upon, 1250, 1251. 
 
 duration and enforcement of against decedent's, 1380. 
 
 for ten years, 1251. 
 
 what not bound, 1253. 
 
 suspensions by appeal, etc., 1255. 
 levy on, 1252. 
 motion to set aside judgment awarding, 1284. 
 
 notice, 1388. 
 
 see also Chattels. 
 
 (3) action to recover: 
 
 only kinds of actions for recovery of real property are those 
 
 here specified, 1688. 
 ejectment defined, 3343, sub'd 20. 
 damages with recovery, 1496, 1531. 
 
 include rents and profits, 1497. 
 
 value of use, 1497. 
 cannot be maintained for dower, 1499. 
 mortgagee cannot maintain, 1498. 
 may be maintained by infant against whom collusive recovery 
 
 in dower action is had, 1605. 
 may be maintained bj' reversioner after tenant's default, 1680 
 separate, by joint tenants, etc., 1500. 
 
 by tenants in common, 1500. 
 on ground of adverse possession, 1501. 
 parties defendant, 1502, 1503. 
 
 joinder with, 1503. 
 for arrears of rent, 1504. 
 joinder of causes of action, 484, 
 liability of purchaser pending action for, 1685. 
 on right of re-entry, 1505. 
 
 paying arrears, 1506. 
 stay on. 1.506. 
 
 arrears stated in judgment, 1507. 
 
360 INDEX TO NEW YOS.K COi^E 
 
 [References are to Sectiona,] 
 
 Real Property — Continued. 
 
 payment of arrears after judgment, 1508. 
 
 possession restored, 1509. 
 
 use. set off to rent, 1510. 
 complaint to describe property, 1511. 
 authority of plaintiff's attorney, 1513. 
 
 order to produce, 1513. 
 
 evidence of, 1514. 
 against co-tenant, 1515. 
 
 proof of ouster, 1515. 
 rule where occupants distinct, 1516, 1517. 
 plaintiff's estate to be adjudged, 1519 
 
 if expires before trial, 1530. 
 action, abatement of, 1531. 
 
 where action may be divided, 1516-1518, 1531-1533. 
 judgment after trial of fact, 1534. 
 
 conclusive of title, 1534. 
 
 new trial, 1535. 
 judgment by default, 1536. 
 
 effect of, 1536. 
 
 nevp trial, 1536. 
 
 in case of disability, 1537. 
 
 excepted cases, 1537. 
 
 qualification of preceding sections, 1 528. 
 plaintiff's possession under judgment, 15;ia. 
 
 cases when lost, 1529. 
 
 restitution to defendant, 1529. 
 defenses on new trial, 1530. 
 damages to plaintiff, 1531. 
 
 rents and profits, 1531. 
 
 use for six years, 1531. 
 
 set off by defendant, 1531. 
 notice of pendency of action, 1670-1674; see Pendency of 
 
 Action. 
 certain actions and provisions relating to, 191, 340, 983, 1874, 
 
 3365, 2382, 2951-3958, 3228, 3384, 8248. 
 action by reversioner after default of tenant, 1680. 
 liability of purchaser pending action, 1685. 
 final order in action to discover life tenant not conclusive in 
 ejecoment, 3319. 
 
 see also Ejectment. 
 (4) action to determine adverse claims to : 
 by whom, 1638. 
 
OF CIVIL PROCEDURE. 361 
 
 [References are to Sections.] 
 
 Real Property — Continued. 
 against whom, 1638. 
 complaint, 1639. 
 
 dismissal of, costs on, 1640. 
 answer putting in issue plaintiff's title, 1641. 
 judgment; 
 
 for defendant, 1640-1644. 
 on plea, of title, 1642. 
 of reLiainder, 1643. 
 of leversion. 1643. 
 awarding possession, 1644. 
 execution of, 1644. 
 for plaintiff, 1645. 
 effect of, 1646. 
 by default, 1645. 
 for either, how far conclusive, 1646. 
 to determine dower, 1647. 
 who may maintain, 1647. 
 time to commence, 1647. 
 admeasurement, when, 1648. 
 
 subsequent proceedings, 1648. 
 when dower denied, 1649. 
 judgment, 1649. 
 application of foregoing sections to corporations, 1650. 
 (5) miscellaneous actions and proceedings relating to : 
 dower, 1596-1625; see Dower. 
 ejectment, 1496-1531; see (3), supra. 
 foreclosure, 1626-1637; see Mortgages (2) . 
 against certain persons holding over, 1664. 
 
 by whom, 1664. 
 by reversioners, etc., 1665. 
 
 for injury to inheritance, 1665. 
 of ejectment against life tenant, etc., 1680. 
 against co-tenants, 1666. 
 for failure of title: 
 
 recovery of purchase money, when, 1479. 
 
 remedy of judgment creditor, 1480. 
 contribution between owners, 1481. 
 when part owner redeems, 1482. 
 order of, 1483. 
 how enforced, 1484. 
 
 how lien preserved, 1485. 
 entry and docket, 1486. 
 
362 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Real Property — Continued. 
 
 for injury to trees, etc., 1667. 
 
 by owner, 1667. 
 
 by municipality, 1667. 
 
 treble damages, 166S. 
 for forcible entry and detainer, 1669. 
 
 treble damages, 1669. 
 injunction against waste, 1681. 
 
 contempt for disobeying, 1681. 
 mechanic's lien on, enforcement, 3399; see Mechanics' Liens. 
 nuisance, 1660-1663; see Nuisance. 
 partition, 1532-1595; see Paktition. 
 waste, 1651-1659; see Waste. 
 survey, when necessary for pleading, 1683. 
 
 order, contents and service, 1683. 
 
 authority under, 1684. 
 judgment allotting a parcel, 1675. 
 
 on directing sale, 1675. 
 
 delivery directed, 1675. 
 
 disobedience a contempt, 1675. 
 
 may be enforced by sheriff, 1675. 
 judgment of sale, for partition, 1676. 
 
 for dower, 1676. 
 
 for foreclosure, 1676. 
 
 payments of and redemptions from taxes, assessments, 
 etc., 1676. 
 
 are expenses of sale, 1676. 
 
 in what county entered, 1677. 
 Bale in, at public auction, 1678. 
 
 notice, how given, 1678. 
 
 terms of, 1678. 
 
 by parcels, 1678. 
 
 who may not buy, 1679. 
 penalty, 1679. 
 
 reversioner may bring action after tenant's default, 1680. 
 
 how defendant maj' be prevented from waste, etc., 1681. 
 
 when answer may be made, 1682. 
 
 contents and service of order, 1683. 
 
 authority of party under order, 1684. 
 
 defendant's purchaser pending action, 1685. 
 liability to plaintiff, 1685. 
 
 actions in infant's name, 1686. 
 what maintainable, 1686. 
 
OF CIVIL PROCEDURE. 363 
 
 [References are to Sections.] 
 
 Real Property— Continued. 
 
 joinder, of real actions with others, 1687. 
 
 of causes of action in, 1687. 
 special proceedings not allowed, 1688. 
 except when prescribed, 1688. 
 action to recover possession of, 3231-2365; see Summary Pro- 
 ceedings. 
 letters patent for, action to vacate, 1957-1960; see Actions (9). 
 see also Dower; Personal Property; Summary Proceed- 
 ings; Tenants; Title. 
 
 Re-argument: 
 
 before Appellate Division, 330. 
 
 Rebuttal: 
 
 of certificates and records, 936. 
 of inventory, 1832. 
 see also Evidence. 
 
 Receipt: 
 
 trustee taking, may sue, 749. 
 
 by sheriff for mandate, 100. 
 
 for property, etc., delivered by sheriff to his successor, 185. 
 
 see also Bill of Lading; Payment; Vouchees. 
 
 Receivers: 
 
 in actions: 
 
 as consenting creditor, 3153, 3160. 
 
 as successor of surviving executor, 1869. 
 
 action by, not abated by death, 766. 
 
 or by removal, 766. 
 action against, limitation of, H83. 
 accounting by, at instance of sureties, 813. 
 application of code to, 3847. 
 appointment, cases of, 713, 714. 
 
 notice of application for, 713, 714. 
 
 reference for, 827. 
 bond required of, 715. 
 commissions of, 3320. 
 court clerk, when not to be, 90. 
 judgments, how vested in, 1363. 
 preference of actions by or against, 791. 
 prosecution of bonds of 1888-1890. 
 
364 INDEX TO NEW YORK CODE 
 
 [References are to Sectiona.] 
 
 Receivers — Continued. 
 
 are public oflEicers, 1890. 
 
 real property held by, 716. 
 
 security for costs by assignees of, 3371. 
 
 of corporations, 1788, 179U, 1801, 1810, S429; see COKPORA- 
 
 TIONS. 
 
 of property of judgment debtors, 1877. 
 
 action by, before justices, 2865. 
 
 in supplementary proceedings, 3441, 3446, 3447, 2449, 
 3450, 8454^2456, 2460, 3464-2471. 
 of sequestered pi-operty, 1772. 
 see also Trusts, Etc. 
 
 Recital: 
 
 in order, presumptive evidence. Statutory Cons. Law, 19. 
 
 Recognizances: 
 
 acknowledgment of, in habeas corpus, 2046, 8047. 
 
 when and where to be filed, 2047. 
 county clerk's fees for taking and entering, to keep a ferry. 
 
 3304. 
 discharge of, 350-353. 
 forfeited, when deemed to be, 1965-1968. 
 
 how, 1965. 
 
 district attorney to account for, 1968. 
 
 remission of, 350. 
 
 prosecution of, 1966. 
 
 disposition of proceeds of, 1963, 1967. 
 
 actions on, 1961, 1963, 1966. 
 
 to be in name of people, 1984. 
 on appeal from dismissal of habeas corpus or certiorari pro- 
 ceedings, 2060-2063. 
 application of certain sections of code, 1964. 
 not invalidated by removal of action, 44, 346. 
 
 by adjournment, 2064. 
 preference in payment of, 3719. 
 of prisoners brought up on habeas corpus or certiorari, 3047, 
 
 3060-3064. 
 see also Arrest _(7); Bonds; Undertakings. 
 
 Record: 
 
 courts of, enumerated, 2. 
 courts not of, enumerated, 3. 
 
OF CIVIL PROCEDURE. 365 
 
 [References are to Sections.] 
 
 Recorder: 
 
 included under judges, 3343, sub'd 3. 
 drawing jurors for court of, 1042. 
 
 powers and duties as to discovery of property of decedent, 
 2708. 
 
 summaiy removal of tenants, 3234, 2238, 2250. 
 of New York, may change place to hold courts, 43. 
 recorder's court in Utica and Oswego: 
 
 courts of record, 2. 
 
 jurisdiction of, 4, 3196. 
 
 general provisions concerning, 3196-3203. 
 
 see Utica, Oswego. 
 see also Cities; City Courts; Magistrates; Opfioers, Etc. 
 
 Recording' Deeds and Other Papers: 
 
 recording; 
 
 affidavit on foreclosure, by advertisement, 3398, 2399. 
 assignments for benefit of creditors, 317.5, 3311. 
 
 in insolvency proceedings, 2175, 2311 . 
 redemption certificates, 1470. 
 
 effect of, 1470. 
 bonds and undertakings, see Bonds; Undertakings. 
 conveyance of property sold on execution, 1471. 
 decree of heirship, 3657, 3659. 
 discharge of insolvent, 3181. 
 homestead exemption, 1398, 1399, 1404, 
 instruments appointing guardians, 2851. 
 judgments, see Judgment, Etc. 
 mortgages, see Mortgages. 
 
 notices of pendency of action, see Pendency op Action. 
 orders appointing receivers of judgment debtors, 2470. 
 appointing trustees of convicts, 3326. 
 certificates, etc., in condemnation proceedings, see 
 
 Condemnation Law. 
 changing name, 2415. 
 
 establishing rights of persons redeeming real prop- 
 erty, 2259. 
 wills and letters, 1861, 1864, 2639-2635, 2708, 2704; see 
 Wills. 
 with county clerk, provisions as to, Statutory Cons. Law, 31. 
 see also Bill of Sale; Chattel Mortgages; Conveyances; 
 Deeds; Filing Papers; Mortgages; Real Property; 
 Records, Public; Register, Etc. 
 
366 INDEX TO NEW YORK CODE 
 
 [Iteferences are to Sections.] 
 
 Records, Public: 
 
 amendments of, 727. 
 
 how authenticated, 2704. 
 
 deUvery of, to official successors: 
 in general, 1951, 1952. 
 by sheriffs, 184. 
 
 destruction of, by courts, 21. 
 
 as evidence, 866, 868, 921-962. 
 
 see also Evidence. 
 
 form of, to be written, in English, abbreviations, 22. 
 
 of appointment of referee, 2470. 
 
 of conviction by justice of the peace, 2873. 
 
 of change of name, 2415. 
 
 of certain former city courts, 93. 
 
 of comptroller, see Comptroller. 
 
 of county clerk, see County Clerk. 
 
 of justices of peace, see Justices, Etc. 
 
 of judgments, decrees, etc., see Judgment, Etc. 
 
 of mayor's court of city of Hudson, 3198. 
 
 of New York county, 955. 
 
 removal of, by subpoena, 866, 868. 
 
 of secretary of state, see Secretary of State. 
 
 of surrogates, 1861, 1864, 2498-2500, 2666, 2786. 
 
 see Books AND Papers; Certificates, Etc.; County- Clerk; 
 Discovery; Filing Papers; Inventory; Reports; Ver- 
 dict. 
 
 Recovery of Real PFoperty: 
 
 action for, 1496-1531 ; see Ejectment. 
 
 Rector, see Clergymen. 
 
 Redemption: 
 
 from execution sales, 1446-1478, 1482; see Executions (5). 
 of leases by payment of rent in arrear, 1508-1510. 2>'.56-2259. 
 from mortgages: 
 
 jurisdiction of actions for, 340. 
 
 equity of, when not to be solil, 1432, 1433. 
 
 limitation of action for, 379. 
 see also Foreclosure, Etc. : Mortgages; Sales 
 
 Redundant Matter in Pleadings: 
 
 motion to strike out, 545. 
 
OF CIVIL PROCEDURE. 367 
 
 [References are to Sections.] 
 
 Re-entry: 
 
 notice of, in ejectment, 1505. 
 
 Referee, see Reference (2). 
 
 Reference: 
 
 (1) general poiver of courts to direct, 837, 968, 1011-1026. 
 when may be ordered, 827, 968, 969, 973, 1008, 1011-1015. 
 ordered by surrogates, 2546. 
 ordered by appellate court, 3586. 
 
 revocation of consent to, effect of, under statute of limita- 
 tions, 411. 
 by consent 1011. 
 
 on default, in general, 515, 1011. 
 commission to take testimony upon, 887, 888. 
 in New York city court, none, 3160. 
 
 except as to question arising on motion, 3173. 
 notice of hearing upon, 1319, 3161. 
 motion for new hearing, 1228. 
 mitigating facts proved upon, 536. 
 in action for causing death by negligence, 1904. 
 
 to recover chattel, 1215. 
 
 to investigate proceedings of corporations, 2419-3431. 
 
 for dower, 1607-1613, 1618-1631, 1634. 
 
 for partition, 1538, 1545, 1561-1565, 1578, 1579. 
 see Partition. 
 
 for penalty or forfeiture, 1898. 
 
 for waste, 1657, 1659. 
 
 in proceeding to dissolve corporation, 2423-2428. 
 in matrimonial actions, 1013, 1024, 1229. 
 in judgment creditor's action, 1878. 
 
 in proceedings to discover death of tenant for life, 2305-3811, 
 2314, 3315. 
 
 to discover property of decedent withheld, 3707. 
 
 to acquire easement by condemnation, 3367, 3869, 3393. 
 
 to sell or mortgage property of certain corpoi'ations, 3o93. 
 
 before surrogates generally, 3546. 
 on appeal from surrogate, 2586. 
 
 on petition for appointment of committee of incompetent, 
 3334. 
 
 to dispose of real property of incompetent person, 3354, 
 3355. 
 to ascertain rights of legatees, etc., 3747. 
 
368 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Reference — Continued. 
 
 to discover attached property in hands of third person, 651. 
 
 in city court of New York, 3160, 3161, 3173, 3176. 
 
 to approve undertakings, etc., 695, 827. 
 
 to determine claims to surplus money on foreclosure, 2407. 
 
 on condemnation proceedings, 3378, 3380. 
 
 damages caused by injunction, 623-626. 
 sureties, when to have notice of, 623. 
 how given, 023. 
 
 claims against decedent's estates, 2718. 
 in mandamus proceedings, 2083. 
 in condemnation proceedings, 3367, 3369, 3392. 
 in supplementary proceedings, 2440, 2442-2445, 2457. 
 on default, 888, 1215, 1216, 1219, 1232, 1729. 
 to take depositions, 836, 873, 876, 880, 885; see Depositions. 
 to take justification of sureties, 1335. 
 to take testimony of hospital physician, etc., in personal 
 
 injury actions, 836. 
 ■witness may be subpoenaed before, etc., 1017. 
 (3) referees: 
 selection and qualification of, 90, 1011, 1012, 1024-1036, 2504, 
 
 2509, 2511. 
 general powers, 1018. 
 report of, 1019. 
 
 efifect of failure, 1019. 
 
 included in judgment-roll, 1237. 
 
 defined, 3343, sub'd 5. 
 
 when double or increased damages are awarded, 1920. 
 
 upon trial of demurrer, 1031. 
 
 stands as decision of court, 1328. 
 
 judgment upon, 1831-1239,, 1233; see Judgment, Etc. 
 trials before, general provisions concerning, 1008-1036; see 
 Trials (4). 
 
 depositions to be read at, 881. 
 
 exceptions, case and motion for a new trial, at, 992-998, 
 1001, 1003; see EXCEPTIONS, Etc. 
 
 findings, 994, 1033. 
 
 powers, generally, 1018. 
 
 settlement of case, 997. 
 
 specific questions of fact, 1004, 1014, 1325. 
 
 in action to foreclose lien on vessel, 3425, 3431. 
 fees of, generally, 2371, 3396, 
 
 on sale of real property, 3397. 
 
OF CIVIL PROCEDURE. 369 
 
 [References are to Sections.] 
 
 Reference — Continued. 
 
 fees of referee in proceedings affecting tenant for life, 2306. 
 on settlement of claims against decedents' estates, 2718. 
 in surrogates' courts, 2546, 2566. 
 included in bill of costs, 3256. 
 oath of, 721, 1016, 2445. 
 insolvents examined before, 1878. 
 inspection of books, etc., before, 807, 867. 
 production of records before, 866-869. 
 discovery of attached property before, 651. 
 contempt or disobedience of, 855, 2266, 2267, 3372, 3457. 
 amendments allowed by, 1018. 
 recusancy of witnesses Ijefore, 856. 
 appeals from, 994, lOOl, 1338, 1346, 1350. 
 costs awarded by, 3248, 3255, 3356, 3363. 
 
 on adjournment, 3855. 
 effect of death of party, after report of, 763. 
 
 before report of. 765. 
 purchase by, at his own sale, 1679. 
 subpoenas, issued by, 854, 855, 1017. 
 sales by, in actions to foreclose lien on vessel, disposition of 
 
 proceeds, 3438. 
 to sell chattels, 1739. 
 to sell real property, 1342-1254, 1560, 1562, 1573-1579, 1619, 
 
 3563, 3767; see Judgment, Etc.: Partition. 
 see also Actions; Arbitrations; Commissioners; Officers, 
 Etc. : Trials ; Executors, Etc. 
 
 Refusal, see Negligence, 
 
 Regents of the University: 
 
 certain exceptions as to, 1804, 3431. 
 
 Register of Deeds: 
 
 duty of, to search records, etc., 961. 
 fees of, 3285, 3306. 
 
 accounts of, 3285. 
 
 taxation of, 3387. 
 papers filed with: 
 
 affidavits of foreclosure sale by advertisement, 2398-3400. 
 note of, in margin of record, 2390. 
 
 decree granting or revoking probate of heirship, 2657, 3659. 
 
 provisions concerning. Statutory Cons. Law, 21. 
 
 wills, 2633, 2634. 
 see also County Clerk ; Recording Deeds. 
 24 
 
370 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Registry, see Register of Deeds ; Records, Public. 
 Relations, Relatives, see Relationship. 
 
 Relationship: 
 
 of parties: 
 
 to commissioners taking depositions, 899. 
 to judges, 46. 
 to jurors, 1166. 
 
 see also Challenges ; Qualifications, Etc. 
 relatives and next of kin: 
 defined, 1870. 
 
 limitation of actions by, 393. 
 advancements to, 2733. 
 citation of, see Citation. 
 
 probate of foreign will, 2611. 
 creditors' action against, 1837-1870; see Legatees, Etc. 
 damages to, for death by negligence, 1903. 
 grant of letters to, 2648, 2644, 2660. 
 preference among, 2660. 
 
 with will annexed, 8643: see also Executors, Etc.; 
 see Guardian and Ward. 
 of the half blood, 2732; see Descent; Heirs; Inheri- 
 tance. 
 distribution of personal property to, 2732-2734, 2743. 
 names, etc., of, stated in petition for appointment of com- 
 mittee of incompetent, 2325. 
 petition by, for appointment of committee, etc., of con- 
 vict, 2220. 
 for disposal of real property of incompetent, 2349. 
 notice to father or mother of application to change name, 
 2413, 2414. 
 to unknown, in partition, 1582. 
 to, of probate proceedings, see Executors, Etc. 
 see also Children; Guardian and Ward; Husband and 
 Wipe ; Next of Kin ; Parent and Child. 
 
 Relator: 
 
 in actions by attorney-general, 1986; see also Attorney- 
 General. 
 
 on application for state writ, 1994. 1995, 2078, 3088; see Man- 
 damus. 
 
 costs against, 3242; see also Information. 
 
OF CIVIL PROCEDURE. 37I 
 
 [References are to Sections.] 
 
 Release: 
 
 of one joint debtor, 1943, 1943. 
 
 by guardian or committee, 1592, 1593, 3363. 
 
 see also Debtor, Etc.; Discharge; Satisfaction. 
 
 Relief: 
 
 against omissions and mistakes, 734, 783. 
 of committee, receiver, etc., 2439. 
 
 Religious Corporations: 
 
 excepted from certain provisions, 1804, 2431. 
 disposition of real property of, 3390-3397; see Condemnation 
 Law. 
 
 Remainderman: 
 
 joinder of, as defendant in ejectment, 1503. 
 
 in action for partition, 1533, 1538, 1539, 1553. 
 action against, for holding over, 1664. 
 action by, for waste, 1665. 
 
 Remainders: 
 
 provisions as to, 1638, 1639, 1641, 1643, 1665, 1680. 
 see also Real Propbbty. 
 
 Re-marriage: 
 
 after divorce on grounds of adultery, 1761. 
 
 Remission: 
 
 of part of verdict, etc., 3016, 3176. 
 
 of fines, penalties and forfeitures, 350-353. 
 
 Remittitur: 
 
 of court of appeals, 194, 3300. 
 
 assessment of damages, etc., after, 194. 
 
 fees for engrossing, 3300. 
 to New York city court, 3194. 
 
 Removal: 
 
 of actions and proceedings, 218, 319, 343-346, 818, 987-901, 
 2246, 3197-3200, 3216. 
 
 in justices' courts, 3150-3153. 
 of attorney, 67; see Attorneys, Etc. 
 of officers, trustees, etc. : 
 
 in general, 766, 1828. 
 
 commissioners to determine sanity, 3329. 
 
372 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Removal — Continued. 
 
 of committee of incompetent person, 3339, 3343. 
 
 of corporations, 1811. 
 eflfect as to moneys, etc. , 750. 
 of executors and administrators, 3770. 
 
 by revoking letters, 3685. 
 of guardians, 2833, 2845, 3858. 
 of judges, 331. 
 
 of justice of the peace, 3144. 
 of state reporter, 310. 
 of stenographers, see Stenographers. 
 by surrogate, for failure to give additional security, 3509, 
 
 3601. 
 of trustees, 2337, 2817, 2818. 
 see also Fines, Etc. 
 of prisoner, warrant to prevent, 3054. 
 
 vphen sick, 137. 
 of property, to defraud creditors, 549, 636. 
 of tenants, see Summary Proceedings. 
 
 from office, of officer before whom action or proceeding is 
 pending, 53. 
 
 Rensselaer County: 
 
 jail liberties in, 145. 
 
 Rents and Profits: 
 
 apportionment of, 1533, 1589, 3730. 
 recovery of, 1497, 1533, 1531, 1664, 3318. 
 rents accrued, are assets, 2713. 
 
 in arrear, remedies for, 1504-1510; see Ejectment; Sum- 
 mary Proceedings. 
 
 due from decedent, preference of, 3719. 
 
 prisoners not to be charged, 117. 
 see also Lease; Real Property; Tenants. 
 
 Renunciation: 
 
 by executors and administrators, 2639, 2642-3644, 2663. 
 
 by guardians, 3851, 3853. 
 
 by trustee, 2814. 
 
 see also Surrogates' Courts. 
 
 Repealing Statutes: 
 
 effect of, limited, Statutory Cons. Law, 31. 33. 
 
OF CIVIL PROCEDURE. 373 
 
 [References are to Sections.] 
 
 Replevin: 
 
 generally, see Chattels. 
 
 in justices' courts, 2919-2933, 3050, 3140 ; see Justices' Coitbts. 
 
 in New York city court, 339. 
 
 in New York district courts, 3210, SS-ll. 
 
 sheriff's fees on, 3807, sub'd 2. 
 
 by executors, liniitation of, 391. 
 
 see also Chattels ; Personal Property. 
 
 Reply, see Pleadings. 
 
 Report: 
 
 defined, 3343, sub'd 5. 
 
 defects cured by, 721. 
 
 death after, proceedings, 763. 
 
 of referee, 1019, 1031, 1023 ; see Reference. 
 
 in ejectment, fixing amount of rent, 1507. 
 
 Reports: 
 
 of judicial pi-oceedings, etc., 1907. 
 false, see Fraud. 
 libellous, see Libel. 
 time rules applicable to, see Time. 
 
 of commissioners, for admeasurement of dower, 1610-1613. 
 in condemnation proceedings, 3370, 8371; see Condemna- 
 tion Law. 
 of county clerks, as to change of names, 3417. 
 of county treasurers, as temporary administrators. 2668. 
 of foreign decisions as evidence, 943. 
 
 see Miscellaneous Reporter; State Reporter; Su- 
 preme Court Reporter. 
 of district attorneys, 1968. 
 publication of, see Publication. 
 of referees, 763-765, 1019-1023, 1237, 1576, 1610-1618, 1623, 
 
 1736, 1728, 2355, 2775, 3348; see Reference. 
 of sales, 1576, 1623, 3775. 
 of secretary of state, 2417. 
 see also Accounts, Etc. ; Certificates, Etc.; Newspapers; 
 
 Notice; Records, Public; Returns; Time. 
 
 Reporters: 
 
 libel by, 1907, 1908 ; see also Miscellaneous Reporter; 
 State Reporter; Stenographers ; Supreme Court Re- 
 porter. 
 
374 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Representation: 
 
 when not allowed among collaterals, 2732. 
 
 Reppesentatives: 
 
 personal, rights in partition suits, 1580, 1582; see HEffiS; Next 
 OP Kin; Relationship. 
 
 Request: 
 
 for finding, 2545. 
 
 Requisition: 
 
 to replevy chattels, 1694-1703, 1712-1717; see also Chattels 
 
 Res Adjudieata: 
 
 final judgment not, unless rendered upon merits, 1209. 
 on motions generally, 776-778. 
 see also Bar; Evidence. 
 
 Rescues: 
 
 sheriff's liability for, 587. 
 as contempt of court, 14. 
 see also Escapes; Resistance. 
 
 Residence: 
 
 under false name, effect on limitations, 401. 
 
 effect of absence from state under statute of limitations, 4(^1 
 
 change of, not to effect validity of will, 2611. 
 
 of attorneys, fixing length of notice of taxation of costs, 3161 
 
 appraisers in condemnation proceedings shall reside in the 
 
 judicial district in which the property is situated, 3369. 
 of decedents, 2476-2478, 2503, 2670. 
 of executors and administrators, 2638, 2661, 2663, 2691. 
 of judge does not disqualify, 48. 
 of jurors in New York county, 1079, 1080. 
 of married women, 1768, 2171. 
 
 of owners of land condemned, see CONDEMNATION Law. 
 as ground of jurisdiction: 
 
 in actions against corporations, 1780. 
 
 in justices' courts, 2869. 
 
 in New York city court, 3160, 3169. 
 
 see also Jurisdiction. 
 of plaintiffs in city court having offices in New York city. 3160. 
 of trustees, 2820. 
 of witnesses, 886. 
 
 examination, 886. 
 
OF CIVIL PROCEDURE. 375 
 
 [References are to Sections.] 
 
 Residence — Continued. 
 
 residents, locality of debts owed by, 2478. 
 
 trusts under wills of, 3820. 
 non-residents: 
 
 arrest of, 550, 3894. 
 
 attachment of property of, 636, 707, 1317, 1370, 2906, 3169, 
 8310. 
 
 attendance as witnesses, 886. 
 
 attorneys, 60. 
 
 committee of, 3326. 
 
 convicts, trustees of, 2319. 
 
 debts owing to, 3161, 3183. 
 
 defined as to New York city, 3160. 
 
 estate of, jurisdiction of surrogate's court over, 3476-3478. 
 
 infants, guardians of, 2832, 2838-3840. 
 
 limitation of actions against, 390, 401. 
 
 married woman, 3822. 
 
 of New York city, who deemed in city court, 3160, 3169. 
 
 security for costs by, 3160, 3268-3279; see Costs. 
 
 service of papers upon clerk instead of, 438, 800; see 
 Service of Papers. 
 
 will and letters of, to be transmitted to secretary of state, 
 2503. 
 
 see also Aliens; Foreign. 
 
 Resignation: 
 
 of commissioners to determine sanity, 2329. 
 
 of committee of lunatic, 2389. 
 
 of guardian, 2859. 
 
 of trustees, 2814, 2818. 
 
 see also Officers, Etc. 
 
 Resistance: 
 
 to execution of process, etc., 8, 14, 104-107, 2030, 2870, 2996, 
 
 3158. 
 see also Mobs and Riots; Eescctes. 
 
 Resolutions: 
 
 joint, how proved, 932. 
 
 of municipal authorities, 941 ; see also Legislature; Statutes. 
 
 Respondent: 
 
 defined, 1395. 
 see also Appeals. 
 
nt INDEX TO NEW YORK CODE 
 
 [References are to Sections. J 
 
 Restitution: 
 
 after judgment by default, 445. 
 
 after judgment set aside on motion, 1293. 
 
 after new trial granted, 1005. 
 
 after reversal, in eummary proceedings, 2263. 
 
 on appeal generally, 1323, 3058. 
 
 after review by certiorari, 2142. 
 
 for assets subsequently discovered, 2801. 
 
 attachment and undertaking for, 1317. 
 
 of possession of real property, 1529, 2317. 
 
 in action for dower, 1616. 
 
 Retaxation: 
 
 of costs, 3264, 3265; see Costs. 
 
 Retroactive Effect: 
 
 of code, 3352, 3355, 3356. 
 
 Return Day: 
 
 service of summons, etc., inactions to foreclose mechanics' 
 
 liens, to be eight days before, 3404. 
 see also Returns; Time. 
 
 Returns: 
 
 destruction of certain, may be ordered, 21. 
 
 filing, 825. 
 
 by sheriff in replevin, 1715. 
 
 in justice's court, 2893. 
 
 by judge out of office, 25. 
 
 sheriff's duty to make, 102, 425. 
 
 how made, 102. 
 
 by sheriff out of office, 186. 
 
 sheriff's fees for, 3307. 
 
 when may be made, 25. 
 
 mistakes and informalities in, how cured, 721. 
 
 amendments in, how and when allowed, 725. 
 
 of citations, proceedings upon, 2805. 
 
 in surrogates' courts defined, 2514, sub'd 10; see Citation. 
 to certiorari, 2005, 2026. 
 to certiorari to review, 2134-2136. 
 of commission and inquisition into sanity, 2332. 
 
 to take testimony, 2984. 
 of depositions, 901-907, 909-911, 913, 919, 8325; see Deposi- 
 tions. 
 
OF CIVIL PROCEDURE. 377 
 
 [References are to Sections.] 
 
 Returns — Continued. 
 
 of execution, 1264-1367, 1685, 1734, 3963, 8035, 3031, 3039, 3040, 
 
 3140, 3183, 3307; see Executions. 
 habeas, 2004, 2006, 3013, 3037, 2031; see Habeas Corpus. 
 mandamus, 2074. 
 
 demurrer to, instead of, 2076. 
 time, how enlarged, 2089. 
 of motion before another judge, 771. 
 of order of arrest, 2899, 3183, 3184, 3185. 
 on order of sale in action to foreclose lien on vessel, 3427. 
 of precept to tenant to remove from premises, 2338, 2:39. 
 to writ of prohibition, 2095. 
 of property, 2911. 
 
 of requisition to replevy, 1715-1717. 2923. 
 of service of precept on seizure of strays, 3089 
 of subpoena, 3970. 
 of state writs, 1998, 2005, 2006, 2013, 2014, 2023, 2036, 2028, 
 
 2031, 3039, 2040, 2043, 3072-2074, 2076-2083, 2088, 20S9. 2095- 
 
 2099, 3103, 2134, 2132-2139, 3279; see State Writs, and 
 
 under the head of the different writs. 
 of summons, 3883, 2885, 2893, 3916, 2960, 2980, 3982, 3140, 3404. 
 of venire, 2993, 2997, 3140. 
 
 of warrant of attachment, 712, 2279, 3285, 2915. 
 of warrant to enforce lien on vessel, 3440. 
 of warrant for collection of fines and penalties, 3397, 2298. 
 of warrant for sale of strays, 3091. 
 of writ or other process, 23. 
 on appeal, 1315, 1353, 3053-3056, 3061. 
 on arrest in marine cases, 3184. 
 
 Reversions: 
 
 reversioners as parties to actions, 1503, 1533, 1538, 1553, 1638, 
 
 1641, 1643, 1652, 1655, 1665, 1680. 
 see Partition ; Real Property ; Remainderman. 
 
 Review: 
 
 writ of, a state writ, 1991. 
 see State "Writs; Certiorari. 
 
 Revision: 
 
 effect of, provisions as to. Statutory Cons. Law, 33. 
 
 Revival: 
 
 of old debt, 3755. 
 
 of action, see Abatement and Revival; Limitations. 
 
378 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Revocation: 
 
 of designation of justice of appellate division, 332. 
 
 of probate and letters, 3597-2599, 2603-2605, 2608, 2609, 3647- 
 
 2653a. 2684-3693, 2727, 2809, 2811, 2883-3886, 3850. 
 of submission to arbitration, 2883-2386; see Arbitration. 
 of wills, see Wills. 
 see also Cancelling; Fines, Etc. 
 
 Rewards: 
 
 offers of, to constable forbidden, 3136. 
 officers not to demand, 114. 
 see also Bounties; Fees, Etc. 
 
 Richmond County: 
 
 excepted from certain provisions as to county treasurer, 2665. 
 process of New York city court in, 338, 3171. 
 public administrator of, 2665. 
 stenographers for courts in, 256, 257. 
 
 Right, Writ of: 
 
 abolished, 1688. 
 
 Rights: 
 
 when no merger, 1899. 
 civil and criminal remedies for violation of, 1899. 
 writ of right abolished, 1688. 
 
 Rivers: 
 
 jurisdiction of offences committed on, 983. 
 
 Rochester, City of: 
 
 deemed a town for certain purposes, 3236. 
 municipal court of: 
 
 not court of record, 3. 
 
 jurisdiction of, 3227. 
 
 code provisions applicable to, 8336. 
 
 summary proceedings in, 2234. 
 
 Rockland County: 
 
 stenographers for courts in, 256, 257. 
 
 Rogatory Letters: 
 
 when and how issued and executed, 913. 
 
 Roman Numerals: 
 
 in writs, etc., 22. 
 
OF CIVIL PROCEDURE. 379 
 
 [References are to Sectioos. I 
 
 Rooms: 
 
 for court, 31, 342. 
 
 Rules and Regulations: 
 
 for adoiission of attorneys, 56-58, 193. 
 
 of practice in courts, etc., 17, 18, 193, 333, 744, 746, 791, 798, 
 
 798, 804, 976, 997, 1361, 1381, 3270, 3537, 3746, 3177. 
 proof of, of village trustees and other local authorities, 941. 
 
 Rules of Construction: 
 
 of this code, as to publication in certain cases, 3340. 
 
 as to certain statutes relating to New York city, 3341. 
 
 as to county courts, 3343. 
 
 generally, 3343. 
 
 common law rule of construction not to be applied to this 
 
 code, 3345. 
 application of code, 3347. 
 
 Sabbath, see Sunday. 
 
 Safe Deposit Companies: 
 
 excepted from certain provisions, 3420. 
 
 Salaries: 
 
 not affected by code of civil procedure, 3354. 
 
 of clerk of court of appeals and subordinates, 201. 
 
 of clerk of city court of New York and subordinates, 338, 331, 
 
 335. 
 of clerks of justices of the peace in Brooklyn, 3119. 
 of constables in Brooklyn, 3125. 
 of interpreters, 333, 3131-3134. 
 of judges, 3493, 3118. 
 of police officers, 3135. 
 
 of stenographers, 354. 355, 357, 259, 362, 333, 358, 1007, 3513. 
 of supreme court reporter, none, 349. 
 
 Sales: 
 
 actions to compel, see Specific Performance. 
 
 at auction, see Auctions. 
 
 of decedent's real property for debts, etc., see Executors, 
 
 Etc. (14). 
 on foreclosure, 1633-1637, 3388-3395. 
 
 of mechanic's lien, 3408. 
 fees of officers making, 3401-3403, 3397, 3307, sub's 8, 11. 
 see also Fraud; Fraudulent Assignments. 
 
380 INDEX TO NEW YORK CODE 
 
 [Keferences are to Sections.] 
 
 Sales — Continued. 
 
 notices of, see Notice; Publication. 
 
 judicial, stay of, on appeal, 1331. 
 
 time rules governing, see Time. 
 
 in actions relating to real property, 1546, 1560-1586, 1619-1626, 
 
 1675-1679. 
 of vessel in action to foreclose lien, 3423, 3426-342(:i. 3435; see 
 
 Mechanics' Liens. 
 of attached property, 656. 
 
 of decedent's estates, 2665, 2672, 2717, 2749-2801. 
 on execution, 1384^1388, 3029, 3030, 3807; see Executions. 
 
 exemptions from, see Executions. 
 after filing notice of pendency of action, 1685. 
 judicial, where and how made, 1243-1244, 1678. 
 of perishable property, 656, 1310, 2665, 3175. 
 of personal property, 1384, 1438, 1429. 
 of property : 
 
 after appeal taken, 1310, 1311, 1313, i:S:i. 
 
 of corporation requiring consent of court, 3390-3397; see 
 Corporations. 
 
 of corporations after filing petition for dissolution 2430. 
 
 of infants or incompetent persons, 2345-2364; see In- 
 competents (4). 
 
 held in trust, 1431. 
 stay of judgment or order for, 1331. 
 of strays and property distrained, 3091-3096, 3109-^111. 
 of partnership property, 1417. 
 
 where several tracts, sale of each to be separate, ]4:!7. 
 security upon, by referee, 1243. 
 
 fee's of referee, 3297. 
 conveyance of particular interest, to state party's name. 1244. 
 under judgments in justices' courts, 3029, 3030; see Justices' 
 
 Courts. 
 of assets of corporation, 2430. 
 
 Satisfaction: 
 
 of e.xecution. see EXECUTIONS, 
 of judgments: 
 
 presumption, 376. 
 
 how made, 1360. 
 
 satisfaction piece, 1361. 
 
 redeeming creditor, 1468, 1469. 
 
 entry of clerk, 1270. 
 
OF CIVIL PROCEDURE. 381 
 
 [Keferences are to Sections. ] 
 
 Satisfaction — Continued. 
 see Judgment, Etc, 
 of mortgages, see Mortgages. 
 see Undertakings. 
 
 Saturday: 
 
 adjournment of courts from, to be over Sundays, 6. 
 
 exception, 6. 
 half-holidays, Statutory Cons. Law, 24. 
 
 Savings Banks: 
 
 excepted from certain provisions, 3420. 
 
 Scandalous Matter: 
 in pleadings, 545. 
 
 Schedules: 
 
 of fines imposed, 2293, 2295, 2298, 2299. 
 
 of property and debts of insolvent, 2163, 2163, 2169, 2173, 2186, 
 
 2190, 2191, 3308-2305. 
 in petition for voluntary dissolution, 2421, 2422, 2427. 
 see also Inventory. 
 
 School Districts: 
 
 actions by and against : 
 
 trustees of, 1926, 1927. 
 
 qualified, 1938. 
 
 designation in summons, 1939. 
 
 substitution of successors, 1930. 
 
 execution, when not to issue, 1931. 
 costs against officers of, 3244. 
 
 Scire Facias: 
 
 writ of, abolished, 1983. 
 
 Seal: 
 
 necessary to state writ, 1993. 
 
 not necessary to revocation of submission to arbitration, 2883. 
 
 to writs, etc., generally, 34. 
 
 omission of, does not vitiate process, 24. 
 
 to mandate of justice of the peace, 3135. 
 only presumptive evidence of consideration, 840. 
 record under, of public office, as evidence, 933. 
 of corporations : 
 
 how affixed. Statutory Cons. Law, 13. 
 
 when a consenting creditor, 31.54. 
 
 see also the titles of the several corporations. 
 
382 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Seal — Continued. 
 official: 
 
 how affixed, Statutory Cons. Law, 13. 
 
 descriptions of deposited and filed with secretary of state, 
 27. 
 
 new, when provided, 30. 
 to certificates, etc. , when required, 958, 959. 
 to transcripts of records, 947-956, 958, 9r.9. 
 
 of foreign wills and letters, 2704. 
 to subpoenas by surrogate, 2481 . 
 of clerks of senate and assembly, 933. 
 seal of the county, 28. 
 of county clerks, 27, 28, 30. 
 of courts, generally, 24, 27-30. 
 
 new, when provided, 30. 
 
 acting in place of surrogate, 2490, 2590. 
 of former superior city courts, 98. 
 of surrogates, 37, 2481, 2507, 2590, 2710. 
 private, how affixed. Statutory Cons. Law, 13. 
 sealed instruments, limitations of actions upon, 381. 
 
 preference of payment of, 2719. 
 see also Certificates, Etc. ; Evidence. 
 
 Sealed Instruments: 
 
 limitations of action on, 381. 
 
 Search Warrants: 
 
 issuing, for books of removed officer, 2471a. 
 for effects withheld from executor, 2710. 
 see also Seizure ; Warrants. 
 
 Searches: 
 
 official certificate of, when evidence, 921. 
 
 county clerk's fees for, 3304. 
 
 officers' duty to make, 961. 
 
 officers', mutual right to, 3290. 
 
 effect of, in partition, 1561 . 
 
 fees for, to be taxed in bill of costs, 3856. 
 
 Second District: 
 
 stenographers in, 256. 
 
 Secretaries: 
 
 of public bodies, generally, 933. 
 see also Clerks. 
 
OF CIVIL PROCEDURE. 383 
 
 [References are to Sections.] 
 
 Secretary of State: 
 
 and deputies disqualified as trial jurors, 1039. 
 
 fees of, not to be charged to public officers, 3390, 3391. 
 
 papers and reports filed or recorded with: 
 
 appointment or removal of supreme court reporter, 245. 
 certificates of age of judges, 54. 
 
 as to name of corporation, 2411. 
 certified copies of wills and letters, 3503. 
 copies of, value as evidence, 9:33. 
 
 designation of appellate division justices, 232, 223, 22ii. 
 of person on whom process may be served, 432. 
 of terras of courts, 39, 233. 
 judgment roll in action to annul corporation, 1803. 
 judgment roll in action to vacate letters patent, 1959, 1960. 
 report of county clerk as to changes of names, 2417. 
 rules for admission of attorneys, 57. 
 records of seals, 27. 
 powers and duties in relation to: 
 searches for, without fee, 3390. 
 authentication of seal and signature of commissioner 
 
 without the state, 956. 
 certification of statutes, 932. 
 
 copyright of repoi-ts, decisions, etc., vested in, 212. 
 distribution of court of appeals reports, 213. 
 public documents, public printing, statutes, etc., 311-318. 
 publishing designations of terms of courts, 236. 
 of rejaorts of court of appeals, 211. 
 changes of names, 2417. 
 certificate of secretary of state of foreign country, 953. 
 
 Securities: 
 
 judgment in mechanics' lien cases may direct delivery of , 3415. 
 
 Security: 
 
 on appeal, 1313-1314, 1336, 1341, 1313, see Appeals; Under- 
 takings. 
 on order of arrest, 559-562. 
 on attachment, 640. 
 
 on injunction, 610-635, 629; see Injunction. 
 for costs, 3368-3279; see Costs (11). 
 for property withheld from executor, 2710. 
 on decree for payment of debt or legacy, 2723. 
 on execution, 1337. 
 
384 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Security — Continued. 
 
 by guardians, 1536, 2830-2833, 3853, 2854. 
 
 on judgment for the delivery of property, 1328-1331. 
 
 in partition, 1584. 
 
 in name of county treasurer, 1585, 
 action on, 1586. 
 
 by receiver, 715. 
 
 by testamentary trustees, 2815-2817. 
 
 on granting or refusing decree for payment of legacv, etc., 
 2723. 
 
 by ofBcials in general, see BONDS; Qualification, etc., and 
 under the titles of the different officers. 
 
 held by executors and trustees, see Executors, Etc.; Trusts, 
 Etc. 
 
 to refund proceeds of condemned land, 3379. 
 
 on sale of real property, 1243. 
 
 securities held by county treasurer, 2800, 2815, 2816. 
 
 county treasurer, etc., to report on, annually, 752, 753. 
 
 deposited with banking and insurance departments, see 
 Deposit. 
 
 see also Bonds ; Investment ; Liens ; Mortgages ; Pledge ; 
 Qualification, Etc.; Recognizances; Surety; Under- 
 takings. 
 
 Seduction: 
 
 included under personal injuries, 3343, sub'd 9. 
 
 limitation of actions for, 384. 
 
 public may be excluded from trials for, 5. 
 
 civil actions, costs in, 3228. 
 
 no joinder of actions for, 484. 
 
 jurisdiction, 2863, 3215, 3223. 
 
 see also Breach of Promise. 
 
 Seizure: 
 
 of strays, 3083-3115; see JUSTICES' Courts (13). 
 see also Search Warrants. 
 
 Select School or Academy: 
 
 application of code to, 1804. 
 
 Separate Causes of Action: 
 
 how to be stated in complaint, 483, 484. 
 
 Separate Trial, 967. 
 
OF CIVIL PROCEDURE. 385 
 
 [References are to Sections.] 
 
 Separation: 
 
 action for, 1762-1767. 
 see also Divokce. 
 
 Sequestration: 
 
 in matrimonial actions, 1773. 
 
 of property of corporations, 1784-1796; see CORPORATIONS. 
 
 Servants, see Employers, Etc. 
 
 Service of Papers: 
 
 on natural person, 426. 
 personal, 796. 
 
 of summons, 426. 
 substituted, 435. 
 
 order for, when, 435. 
 
 in mechanics' liens actions, 3405. 
 by mail, 797. 
 
 double time, 798. 
 
 through branch post-office in New York city, 801. 
 not applicable to summons, 803. 
 on attorney, other than personal, 797. 
 
 on partner, clerk or person in charge, 797. 
 
 in office letter-box or at residence, 797. 
 
 after appearance, 799. 
 
 residing in adjoining state, 60. 
 on the clerk, for non-resident party appearing in person, 800. 
 certain cases excepted, 799. 
 on prisoners, 181, 133. 
 neglect of officers to make, 103. 
 proof of, how made, 434, 926, 937, 3532. 
 in surrogates' courts, 2533. 
 of copy of complaint, 419, 420. 
 of bill of exceptions and amendments, 994. 
 of certificate of authority, etc., of incoming sheriff, 183, 184. 
 of citation, 2517, 2530, 3537. 3532, 2708, 3737. 
 of process in special proceedings, 433. 
 
 on corporations, 341, 431, 432, 438, 610, 1778, 2453, 3879-3883. 
 substituted, 435, 3405 
 designation of person on whom to be made, 401, 427-430, 
 
 433, 438, 3169. 
 delivery of copy to lunatic dispensed with, 429. 
 fees of officer making, 3307; see Fees; Sheriff. 
 35 
 
386 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Service of Papers — Continued. 
 
 general provisions concerning, extended to proceedings in 
 
 surrogates' courts, 2538. 
 of injunction order, 610. 
 of mandates of county courts, 347. 
 of mandates of New York city court, 388. 
 of notices: 
 
 in action to foreclose lien on vessel, 3424. 
 affidavit of service of, how far evidence, 927. 
 in actions in New York city court, 3161, 3162, 3168. 
 of appeal, 1302, 1304, 2574, 3047-3049. 
 of appearance, 421 ; see Appearance. 
 of application for appointment of special guardian, 2531. 
 for appointment of temporary administrator, 2681. 
 for appointment of trustees or committee of con- 
 vict, 2224, 2223. 
 for attachment of temporary administrator, 2679. 
 for certiorari, 2128. 
 
 for discharge of insolvent, 2165, 2166, 2192, 2205-2208. 
 for discharge of lien on vessel, 3441. 
 for dissolution of corporation, 2425. 
 for peremptory mandamus, 2070. 
 of presentation of petition in condemnation proceed- 
 ings, 3301-3363, 3395. 
 for proceeds of partition sale, 1564. 
 for surplus money on foreclosure sale, 2406. 
 on attorney-general, in actions to dissolve corporations,^ 
 
 etc., see Cobpobations. 
 on board or body, Statutory Cons. Law, 20. 
 to creditors to present claims, 2681 ; see Creditors. 
 in condemnation proceedings, see Condemnation Law. 
 to debtor to apply for discharge, 2216, 2217. 
 of distribution to creditors, 2215. 
 of entry of order or judgment, 994, 1001, 1309, 1325, 1341, 
 
 1343, 1351,1359. 
 of exception to sureties, and justification, 1335, 2924; see 
 
 Justification. 
 of issuance, etc. , of warrant in action to foreclose lien on 
 
 chattel, 3424. 
 of foreclosure, 2389, 2406. 
 of filing return to mandamus, 2081. 
 by infants applj'ing for change of name, 2413. 
 of intention to re-enter, 1505; see Real Property. 
 
OF CIVIL PROCEDURE. 387 
 
 [References are to Sections.] 
 
 Service of Papers — Continued. 
 of trial, 977, 980, 8163. 
 see also Notice; Publication. 
 by oflScers, generally, 102-107. 
 of order, of arrest, etc., 563, 3453, 3179, 8201. 
 for discharge of prisoner, 3048. 
 for examination of party or witness, 853, 873-876. 
 requiring execiitor to qualify or renounce, 2643. 
 in supplementary proceedings, 2452. 
 to show cause in action to foreclose lien on vessel, 3433. 
 of petition, order, etc., in proceedings to discover death of 
 
 tenant for life, 3304-2306. 
 of pleadings, 419^33, 1774, 3081, 3136, 3165, 3166, 3307, 3208, 
 
 3430. 
 of precept in proceedings to dispossess tenant, 3340-3343. 
 of precept for sale of strays, 3088, 3089. 
 on prisoners, 131, 132. 
 of requisitions to replevy chattels, 29 .'2, 2923. 
 
 judgment on service of some of defendants, 1932. 
 
 of state writs, 1999. 2000, 2003, 3048, 2071, 2075, 2080, 
 
 2095, 2128-2130, 2307. 
 of subpoena, 852-854, 2582, 2970, .3201, 3323. 
 of summons, 341, 425-445, 638, 1370, 1670, 1774, 1778, 1895, 
 3876-2885, 3910, 2933, 3933, 2938, 3160, 3165, 3169, 8170, 
 8179, 3205, 3207, 3208, 3333, 3404; see Summons. 
 of undertaking and notice of filing, 1331: see Under- 
 takings. 
 see also Filing Papers ; Mandate : Motions, Etc. ; Notice ; 
 Process; Publication; Summons; Time; Warrants. 
 
 Session Laws, see Statutes. 
 
 Sessions: 
 
 see Courts, (11) (d), (13). 
 
 Set-off: 
 
 against debts due decedents, 3718. 
 
 of costs against recovery, 3059. 
 
 of improvements against damages in ejectment, 1581. 
 
 see also Counterclaim; Pleadings. 
 
 Settlement: 
 
 of accounts, see Accounts, Etc. 
 judicial, defined, 2514, sub'd 8. 
 
388 INDEX TO NEW YORK CODE 
 
 [KeferenceB are to SectionsO 
 
 Settlement — Continued. 
 
 of action, costs upon, 3260. 
 
 of case or exceptions, 35, 997. 
 
 of decedent's estates, see Executors, Etc. 
 
 of interrogatories, 891, 892, 912, 913. 
 
 in foreign language, 912. 
 see also Residence. 
 
 Several Judgment: 
 
 may be taken, when, 1205. 
 
 Severance * 
 
 of actions, 456, 497, 511, 755-766, 1205, 1220, 1424, 1516-1518, 
 1522, 1523, 1547, 3072. 
 see Joinder. 
 
 Sham Answer: 
 
 may be stricken out, 538. 
 
 in mandamus proceedings, 2080. 
 
 Shares, see Stock. 
 
 Sheriff: 
 
 actions against, for escapes, 158. 
 defense, 171. 
 
 service of papers on, how made, 426. 
 on his bond, 1880-1885. 
 
 for failure to execute warrant to collect fine, 2800. 
 for insufficient sureties, 2291. 
 by witness exempt from arrest, 863, 864. 
 
 affidavit, requisites, 864. 
 indemnitors substituted in, 1421-1427. 
 three years' limitation of, 388. 
 one year's limitation, 885. 
 preferred causes, 791. 
 actions by, to aid attachment, 655. 
 
 on undertaking, 652, 653, 655, 664, 665. 
 joined with plaintiff, 677-680. 
 notice to sheriff, 678. 
 leave to bring, 678. 
 action on assignment of bond for jail liberties, defence by 
 sheriff, 160. 
 
OF CIVIL PROCEDURE. 389 
 
 [ReferenceB are to Sections.] 
 
 Sheriff — Continued. 
 
 judgment against sheriff, 161. 
 evidence, 165. 
 stay, 170. 
 judgment for sheriff, 163. 
 requisites of application, 163. 
 stay, 164. 
 action on forfeiture of undertaking for jail liberties, 166. 
 damages, 167. 
 
 bar to action against sheriff, 168. 
 defence, 169. 
 stay, 170. 
 duty of coroner, 172-181; see CORONERS, 
 arrest of, by coroner, see Coroners. 
 execution of attacliment, see Attachment. 
 certificate of proof of service, 434. 
 not to practice as attorney, 63. 
 deputy, when to enforce execution, 1388. 
 deed of, on execution sale, 1440, 1471-1478'; see Execu- 
 tions. 
 disqualified as juror, 1029. 
 
 as purchaser at his own sale, 1387. 
 bond of, see Bonds. 
 duties of, performed by coroner, 173-181, 3310. 
 
 under-sheriff, 1475. 
 escape from, see Escapes. 
 execution by, of mandates, 100-103, 3158. 
 military to aid, 107. 
 power of county to aid, 104, 2030, 3158. 
 resisters to, to be reported, 105. 
 
 arrest of, 105. 
 governor's powers to order out military, 107. 
 mandates, minutes of, to be given by, 100. 
 copy of, to be furnished without fee, 101. 
 return of, 102. 
 mode of, 102. 
 neglecting, damages, 103. 
 penalty, 103. 
 in special proceedings, 103. 
 penalty for neglect, 103. 
 fees, table of, 3307. 
 
 of county clerk on certifying as to sheriff's sureties, 
 3304. 
 
390 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Sheriff— Continued. 
 
 fees of, for service of papers, 3307. 
 
 habeas corpus, 2000-2002, 3307. 
 mileage, 3307. 
 under attachments, 3307. 
 calendar fees, 3307. 
 execution, 3307. 
 collection. 243, 3309. 
 must be paid before sheriff is obliged to give up chattel 
 
 1702. 
 sales, advertising, 3307. 
 certificate, 3307. 
 deeds, etc., 3307. 
 fees of referee to sell property same as, 3297. 
 divers special fees, 3307. 
 of constable or deputy sheriff attending court by reason 
 
 of notification of, 8313. 
 except in New York county, 8308. 
 
 in Kings county, 3308. 
 to be taxed by justice of supreme court, 3287. 
 in proceedings to collect a fine, 2296. 
 in case of commission in insanity proceedings to be paid 
 
 by petitioner, 2333. 
 sheriff shall not retain prisoner for, when discharged from 
 imprisonment, 3212. 
 holding court, to try claims, 108. 
 
 writs of inquiry, 108. 
 indemnitors of, on execution, rights of, 1421-1435. 
 sheriff's jury, trial of titles by, 108. 
 
 how selected in New York county, 1112. 
 
 empanelling, 108. 
 
 to try claim to property under execution, 141S-1430. 
 
 under attachment, 657. 
 witnesses, compelling, 108. 
 how examined, 108. 
 perjury of, 108. 
 expenses, how paid, 109. 
 parties, deposits for, 109. 
 liabihty of: 
 
 as bail, 587, 588, 595, 598; see Bail. 
 in proceedings to collect a fine, 2300. 
 in supplementary proceedings, 2448-2450. 
 for wrongful arrest, 863, 864. 
 
OF CIVIL PROCEDURE. 39I 
 
 [References are to Sections.] 
 SheviS— Continued. 
 misconduct: 
 
 for failing to serve process, 3201. 
 contempt, 681, 2370. 
 neglecting returns, 681. 
 for neglecting to take charge of jury in certain cases, 
 
 1196-1199. 
 for neglecting to confine prisoner, 157 
 contempt, proceedings for, 14. 
 disobeying habeas corpus, 2038. 
 new sheriff, clerk's certificate to, 183. 
 powers of former sheriff when to cease, 183. 
 predecessor's delivery to, of county jail, 184. 
 of process, 184. 
 of orders of arrest, 184. 
 of prisoners, 184. 
 
 how enforced, 188. 
 what returns by, 185, 186. 
 certain orders delivered to, 187. 
 when under-sheriff to comply with foregoing, 189. 
 payment of money to under-sheriff, 1476. 
 posse to aid, 104, 107, 3030, 3158. 
 powei-s and duties in relation to: 
 
 action to foreclose mechanics' liens, 3433, 3426, 3427, 
 
 3437-3440; see Mechanics' Liens. 
 arrest, 855, 858, 863, 864, 1110, 2038, 2269, 2276-2379, 
 
 2437-2439, 3453, 2515, 3201; see also ARREST. 
 attachment, see Attachment. 
 attending courts, 238, 339, 1196. 
 collection of fines, 3394-3300. 
 
 of money, etc., due to judgment and attachment 
 creditor, 1963, 2446-2450, 3455, 2456. 
 conveying property, 718. 
 custody of jury, 1196. 
 acting as court crier, 92. 
 providing court constables. 97, 98. 
 
 constables' penalty, 99. 
 holding court, cases of, 108. 
 assessment of damages, 2106-2111. 
 dispossessing tenants, 3243, 2247, 3351, 2353. 
 drawing and summoning jurors, 1043-1049, 1054, 1055, 
 1058-1060, 1065, 1066, 1070, 1071, 1073, 1075-1077, 1106. 
 
392 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Sheriff —Continued. 
 
 1110, 1113, 1146-1148, 1171-1174, 1196, 3347, 3338, 3330, 
 3331, 3333. 
 executions, 1353, 1366, 1363, 1384, 1431-1427, 1921, 2458, 
 
 3807; see Executions. 
 execution of process of New York city court, 338, 839. 
 jails and prisons, 133, 157, 1031, 3000, 2004, 2028-2030, 
 
 3063, 3213, 3376-3379, 2283, 3034, 8035. 
 jail liberties, 149. 
 
 opening and adjourning court, 35, 36. 
 providing rooms, attendants, etc., for courts. 31. 
 replevin suits, 1694^1718, 1731, 1733, 1734: see CHATTELS, 
 sales by, 656, 671, 676, 708, 1343. 1344, 1560,1739, 3396, 3297. 
 seizure of property of decedent withheld or concealed, 
 
 3710. 
 service of papers, 399, 435, 434, 485; see Service op 
 
 Papers. 
 in supplementary proceedings, 3447-3449, 3453. 
 payment to, 2446. 
 
 delivery of money or property to, 2447. 
 prisoners, no charge for food, rent, etc., 118-117. 
 custody, 110, 184. 
 no gratuities from, 114. 
 conveyance through other counties, 118. 
 
 exemption from arrest, 1 19. 
 custody of, sheriff answerable for, 184, 
 escape, sheriff liable, 158. 
 
 connivance by, penalty, 159. 
 judgment on, evidence against sureties, 161. 
 damages, 165. 
 summary judgments, 163. 
 stayed, 164. 
 delivery to successor, 184, 188. 
 to deliver papers to, 131. 
 to permit access to for service, 133. 
 to receive United States prisoners, 133, 134. 
 removal of, 140. 
 production of indicted, 156. 
 service on, 131, 133. 
 when powers of outgoing sheriff cease, 183; see Prisoner. 
 returns by, see Executions. 
 
 what, by former sheriff, 186. 
 amendments of, 735. 
 
OF CIVIL PROCEDURE. 393 
 
 [References are to Sections.] 
 
 Sheriff — Continued. 
 
 service on, how made, 426. 
 
 under-sheriff, delivery to sheriff's successor by, 189. 
 disqualified as attorney, 63. 
 
 to buy under execution, 1387, 1388. 
 attendance for redemption, 1455. 
 
 payment to, 1455. 
 attendance at appellate division, 243. 
 drawing jurors, 1044-1046. 
 in place of sheriff, when, 1475. 
 
 powers and duties, 1475, 1476. 
 disqualified as juror, 1029. 
 warrant of commitment to, 858. 
 
 Sheriff's Jury, see Sheriff. 
 
 Sheriff's Posse, see Counties. 
 
 Ship, see Vessels. 
 
 Sickness: 
 
 of officer in special proceedings, 52. 
 
 of persons attached, 2276. 
 
 of prisoner, removal in case of, 127. 
 
 furnishing liquor in case of, 128. 
 of witness examined out of court, 872, 883. 
 see also Public Health. 
 
 Signal Service: 
 
 records of, as evidence, 944, 
 
 Signature: 
 
 defined. Statutory Cons. Law, 13, 
 
 to new promise, 395. 
 
 to notice of appearance, 421. 
 
 to pleadings, 520. 
 
 to process generally, 34. 
 
 to summons, 417. 
 
 see also Indorsement; Written Instruments. 
 
 Simultaneous Provisional Remedies: 
 
 provisions as to, 730. 
 
 Singular Number, see Number. 
 Sister, see Relationship. 
 
394 INDEX TO NEW YORK CODE 
 
 [Eeferences are to Sections.] 
 
 Sittings of Court: 
 
 adjournment, 34-45. 
 
 public except in certain cases, 5. 
 
 rooms for, 31; see Courts. 
 
 Slander: 
 
 included under personal injuries, 3343. 
 by imputing unchastity, 1906. 
 
 damages for, 1906. 
 actions for, costs in, 3238. 
 
 joinder, 484. 
 
 jurisdiction, 2863, 3315, 3233. 
 
 limitations, 384. 
 
 pleadings and proof, 535, 1906. 
 
 mitigating circumstances, 536. 
 see also Injueibs; Libel. 
 
 Societies, see Corporations. 
 
 Soldiers: 
 
 exempted from jury duty, 1030, 1081, 1127; see Trials. 
 pay, pensions, medals, etc., exempt from execution, 1398. 
 
 Solicitors: 
 
 embezzlement by, 549, 3895. 
 see also Attorneys, Etc. 
 
 Son, see Relationship. 
 
 Special Administrator: 
 
 code provisions applicable to, 2683. 
 
 Special County Judge: 
 
 when to act in place of county judge, 343. 
 
 in place of surrogate, 2484-3494, 3708. 
 oaths before, 843. 
 
 notice of drawing jurors served on, 1043. 
 powers: 
 
 designation of temporary jail, 144. 
 
 removal of tenants, 3334, 3247, 2350. 
 
 supplementary proceedings, 3434. 
 
 habeas corpus for witness, 3009, 2010, 3046. 
 
 taking bail in certiorari proceedings, 2045. 
 see also County JuDaES. 
 
OF CIVIL PROCEDURE. 395 
 
 [References are to Sections.] 
 
 Special Deputy Clerk: 
 
 not to practice as attorney, 61. 
 
 county clerk may appoint, 89. 
 
 clerk of court of appeals may appoint, 200. 
 
 clerk of New York city court m.ay appoint, 330. 
 
 oath and powers of, 89, 848. 
 
 oaths before, 842. 
 
 when not to be referee, etc., 90. 
 
 oaths before, 842. 
 
 Special Guardian, see Guardian and Ward. 
 appointment, 2530. 
 
 notice, 2531. 
 lists of, to be published, 2504. 
 to conduct defence, 428. 
 
 Special Holidays: 
 
 defined, Statutory Cons. Law, 24. 
 
 Special Jury: 
 
 provisions concerning, 1063-1071 ; see Trials. 
 
 Special Power, see Powers. 
 
 Special Proceeding's: 
 
 defined, 3334, sub'd 20. 
 
 no abatement of, by death of party, 755. 
 
 appeals in, 1356-1361; see Appeals. 
 
 commissioners to take testimony in, 888. 
 
 for condemnation of lands, etc., see Condemnation Law. 
 
 consolidation of account of executors, etc., 2727, 2728, 2809. 
 
 continuance of, before another judge, 25, 26, 44, 52, 53, 3150- 
 
 3152. 
 after failure or adjournment of court, 44. 
 costs in, 3240, 3241, 3343, 3256, 3258, 3259. 
 
 security for, 3279. 
 duty of coroner where sheriff is party, 172, 173, 179, 3310 ; see 
 
 Coroners. 
 filing papers in, 825. 
 in county courts, 340-349, 354. 
 
 for discharge of insolvent, 2149-2218; see Insolvency 
 jury trials in, 1181, 1192-1199, 3318, 3316, 3326. 
 
 jurors' fees, 3326. 
 liability of officers for neglect in serving mandate in, etc., 103. 
 
30 INDEX TO' NEW YORK CODE 
 
 [References are to Sections.] 
 
 Special Proceedings — Continued. 
 
 limitations of, 414. 
 
 included under " actions," 414. 
 
 parties to, see Parties. 
 
 powers of county judges in, 349. 
 
 presumption of death raised in, 841. 
 
 privilege from arrest in, 860. 
 
 to recover real property, not allowed when, 1688. 
 
 removal of, see Courts; Removal. 
 
 review of determination in, 1356-1361, 2121. 
 
 time to appeal, 1359. 
 
 stay of proceedings, hearing of appeal, decision, 1360. 
 
 service of process to commence, 430, 433, 2516, 2517; see also 
 Service of Papers. 
 
 to discover death of tenants for life, see Tenants. 
 
 for discovery, see Discovery. 
 
 to dispossess tenants, see Summary Proceedings. 
 
 abatement and revival of, see Abatement and Revival. 
 
 in justices' courts, 2861, 2867, 3868, 3150-3153. 
 
 imder laws prior to code, 3352. 
 
 by or against officers for cause accruing before commence- 
 ment of their terms, 1926-1931. 
 
 by or against officers of unincorporated associations, 1919. 
 
 by people of state, 1971, 1973, 1985; see People. 
 
 presumption of death in, 841. 
 
 to recover real property, none except as provided in this code, 
 1688. 
 
 for removal of officers, see Removal. 
 
 stipulation for hearing elsewliere than at court-house, 37. 
 
 under state writs, see Assessment op Damages; Certiorari; 
 Habeas Corpus; Mandamus; Prohibition; State Writs. 
 
 in relation to strays, see Distress; Strays. 
 
 supplementary to execution, see Supplementary Proceed- 
 ings. 
 
 in surrogates' courts, see Citation; Surrogates, Etc. 
 
 by or against temporary administrator, 2675. 
 
 relating to trustees, see Trusts, Etc. 
 
 witnesses in, 854-859, 867; see Evidexce. 
 
 see also Actions; Motions, Etc.; Petition; State "Writs, 
 
 Special Property: 
 
 how pleaded, 1720. 
 claim of, in property of decedent, 2707. 
 
OF CIVIL PROCEDURE. 39/ 
 
 [References are to Sections.] 
 
 Special References: 
 
 when, 827. 
 
 Special Sessions: 
 
 courts not of record, 3. 
 
 remission of fines imposed by, 353. 
 
 Special Surrogate: 
 
 meaning of term, 2483; see SURROGATES, ETC. 
 when to act as surrogate, 2483-2494, 2708. 
 oaths before, 842. 
 powers as to supplementary proceedings, 2434. 
 
 Special Term: 
 
 adjournments of, 237, 239. 
 of supreme court, who may hold, 229, 234. 
 appointment of, 233. 
 publication, 233. 
 designation of, 334, 337. 
 
 may entertain special proceedings for establishing title to 
 real property, 1688. 
 motion for new trial at, 1002, 1004. 
 see also Courts. 
 
 Special Verdict: 
 
 settlement of case after, 997. 
 
 motion for judgment on, 1233, 1234. 
 
 defined, 1186. 
 
 when rendered, 1187. 
 
 special finding controlling, 1188. 
 
 entry of, 1189. 
 see also Verdict. 
 
 Specialties: 
 
 annexed to consent of non-resident creditor, 2161. 
 see Seal. 
 
 Specifications: 
 
 of objections, to discharge of insolvent, 2168, 2189, 2193. 
 to exemption of debtor from arrest, etc., 2189. 
 
 Specific Compensation: 
 
 to executor by will, 2730. 
 
 Specific Legacy: 
 
 payment of, 2721. 
 
 letters of administration to person having, 2643. 
 
398 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Speeifle Performance: 
 
 devolution of right to, 2783. 
 
 by infants, lunatics, etc., 3345-3364; see Incompetents. 
 compelled, in judgment creditor's action, 1874. 
 appeals, in actions for, 1833. 
 
 stay on, 1331. 
 see also Contracts. 
 
 Speeifle Questions: 
 
 application for judgment after trial of, 1335. 
 
 when new trial on, 1003. 
 
 motion for new hearing after trial of, 1004. 
 
 Spoliation of Public Property: 
 
 actions by taxpayer for, 1935. 
 
 Squatting: 
 
 eviction of squatters, 3333. 
 see also Trespass. 
 
 Standard Time, Statutory Cons. Law, 28. 
 
 State: 
 
 actions and proceedings by or against, 549, 637, 1594; see 
 
 People. 
 assessment of damages for lands taken by, 3103-3119 ; see 
 
 Assessment of Damages. 
 officer, injunction against, 605. 
 chattels taken for tax of, not to be replevied, 1690, 1695, 
 
 2919. 
 board of law examiners, 56. 
 crimes committed out of, see Jurisdiction. 
 political divisions of, included under " person" in condemna- 
 tion proceedings, 8358. 
 debtor of, when not discharged, 2318. 
 no security necessary on appeal by, 1318. 
 certain state officers entitled to searches without charge, 
 
 3290. 
 foreign, levy on bonds of, 648. 
 
 depositions taken in, see Depositions. 
 law and records of, how proved, 943, 946-956, 958, 3319. 
 acknowledgments, etc., in, see Recording Deeds. 
 see also Foreign. 
 
OF CIVIL PROCEDURE. 399 
 
 [References are to Sections.] 
 
 State — Continued. 
 
 lands of. fees for removal of intruders from, 3307. 
 
 see State Funds. 
 "person " includes, Statutory Cons. Law, 5. 
 includes all states and territories of United States and District 
 
 of Columbia, Statutory Cons. Law, 23. 
 interest of, in mines, see Mines. 
 treason against, see Treason. 
 mortgages to, see Mortgages; State Funds. 
 
 State Comptroller, 3241, 3290, 3393; see COMPTEOLLEE. 
 
 state Engineer and Surveyor: 
 
 and deputy, disqualified as jurors, 1039 
 fees, when none for searches, 3390. 
 oaths before, 843, 843. 
 records of, copies as evidence, 938. 
 
 State Funds: 
 
 how appropriated and paid out, 2115, 3.503, 3341. 
 expenditures: 
 
 for copy of letters transmitted to secretary of state and 
 
 comptroUer, 3503, 3666. 
 for costs and expenses in suits and prosecutions, 3115. 
 
 of appellate divisions, 343. 
 for lands condemned for use of state, 3115. 
 for publication of designation of terms of court, etc., 39, 
 
 336. 
 for salaries of officials, see Salaries. 
 for seals of courts, 30. 
 state debts, 648. 
 surplus moneys on foreclosures, see Mortgages. 
 
 State Offleers: 
 
 when injunction against does not lie. 605. 
 
 Statements, see Accounts; Examination; Repoets; Returns. 
 
 State Paper: 
 
 notices to be published in: 
 
 of action to recover escheated property, 1978. 
 for benefit of creditors, 786. 
 to change name of corporation, 2413. 
 for discharge of insolvent from indebtedness or 
 imprisonment, 3165, 3193. 
 
400 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 State Psupev — Continued. 
 
 for dissolution of corporation, 2434. 
 for letters of administration, 1389, 1391. 
 for proceeds of partition sale, 1564. 
 in condemnation proceedings, 2112. 
 to creditors to present claims, 2664. 
 publication in; 
 
 appointments of terms of courts, etc., 326. 
 
 citations, 3535, 2536. 
 
 matters which other newspapers refuse to publish for 
 
 legal fees, 3293, 3294 
 rules of practice, 18. 
 statement of county treasurer, 3668. 
 
 State Reporter: 
 
 appointment, removal, 198. 
 who so styled, 209. 
 decisions reported by, 310. 
 
 regulations as to, 211. 
 contract for publication, 211. 
 
 no private interest, 211. 
 copyright, 213. 
 reports distributed, 318. 
 delivery of unreported decisions to successor, 214, 
 
 to other parties, 315. 
 depositing unreported opinions, 316. 
 
 State Treasurer: 
 
 searches required for, no fees, 3390. 
 
 and deputy disqualified as jurors, 1039. 
 
 oaths before, 843. 
 
 payments by, of damages to governor, 2115. 
 
 payments to: 
 
 legacies and shares of unknown persons, 3747. 
 
 proceeds of suits, fines, etc., 1956, 1963, 1974, 1975, 3090, 
 2390. 
 
 by temporary administrator, 2668. 
 records of, copies as evidence, 933. 
 when no fees for searches by, 3290. 
 
 State Writs: 
 
 enumerated and defined, 1991. 
 issued under court seal, 1992. 
 
OF CIVIL PROCEDURE. 4OI 
 
 [References are to Sections.] 
 
 State Writs — Continued. 
 
 application for, by people, 1993. 
 by relator, 1994. 
 
 practice as to, attorney's returns, etc., 1995. 
 parties, people, relator, 1994. 
 defendant, 1994. 
 appearance by attorney, 1995. 
 allowance of writ, indorsement, 1996. 
 final order, proceedings on, 1997. 
 when returnable, 1998. 
 service of, in general, 1999. 
 of habeas corpus, 2000. 
 fees, 2001. 
 
 last two sections, qualified, 2002. 
 undertaking, 2000. 
 on person concealed, 2003. 
 person served to obey, 2004, 2005. 
 final order, 1997. 
 time of I'eturning, 2006. 
 costs on, payment enforced, 8007. 
 increased, 3258, 3259. 
 
 interlocutory, 15; see ASSESSMENT OP Damages; Certio- 
 rari; Habeas Corpus; Mandamus; Prohibition, Etc. 
 liability for failure to serve mandates in, etc., 103. 
 
 Stationery: 
 
 for courts, 31,242. 
 
 Statistics: 
 
 vital, in evidence, 928. 
 
 see also Reports; Statements. 
 
 Statute of Limitations, 862-375; see Limitations. 
 
 Statutes: 
 
 application of Statutory Construction Law to, Statutory Cons. 
 
 Law, 1, 
 as to corporation law, see CorporaTKJns 
 construction of, 3340-3356; see Code of Civil Procedure. 
 
 strict rule of common law not to apjjl}' to this code, 3345. 
 duties of secretary of state as to, see Secretary op State. 
 foreign, proof of, 942. 
 city and village ordinances, proof of, 941. 
 26 
 
402 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Statutes — Continued. 
 
 proof of, from newspaper, 932. 
 from session laws, etc., 932. 
 acts done by or under color of authority of, 1690, 3919, 3258, 
 
 3359. 
 in derogation of common law, 3130, 3345. 
 actions or rights through express provisions of, 449, 3130, 
 
 3123, 2147. 
 liability created by, action to enforce, 383, 384, 983. 
 limitations where commencement of action has been stayed 
 
 by, 406. 
 private and local, pleading, 530. 
 how proved, 933, 943. 
 publication of, 57, 933, 3317. 
 publication of certain changes of names in, 2417. 
 meaning of " year " as used in, Statutory Cons. Law, 25. 
 meaning of term "month" as used in, Statutory Cons. Law, 
 
 26. 
 see also Code of Civil Prooeduee. 
 
 Statutory Construction Law: 
 
 short titles, extent of application. Statutory Cons. Law, 1. 
 
 property, Statutory Cons, Law, 3. 
 
 real property. Statutory Cons. Law, 3. 
 
 personal property. Statutory Cons. Law, 4. 
 
 person, Statutory Cons. Law, 5. 
 
 judge. Statutory Cons. Law, 6. 
 
 lunacy; idiocy. Statutory Cons. Law, 7. 
 
 gender; number; tense. Statutory Cons. Law, 8. 
 
 heretofore; hereafter; now. Statutory Cons. Law, 9. 
 
 last; preceding; next; following. Statutory Cons. Law, 10. 
 
 folio, Statutory Cons. Law, 11, 
 
 writing; signature, Statutory Cons. Law, 13. 
 
 seal, Statutory Cons. Law, 13. 
 
 oath; affidavit; swear. Statutory Cons. Law, 14. 
 
 acknowledge; acknowledgment, S(;itutoi y Cons. Law, 15. 
 
 bond; undertaking. Statutory Cons, Law, 16. 
 
 choose; elect; appoint, Statutoiy Cons. T.aw, 17. 
 
 board composed of one person. Statutory Cons, Law, 18. 
 
 meeting; quorum; powers of majority, Statutoiw Cons, Law, 
 
 19. 
 service of notice upon board or body. Statutory Cons. Law, 20. 
 county clerk; register. Statutory Cons. Law, 21. 
 
OF CIVIL PROCEDURE. 403 
 
 [References are to Sections.! 
 
 Statutory Construction Law— Corehmted. 
 village, Statutory Cons. Law, 22. 
 state; ten-itory, Statutory Cons. Law, 23.' 
 public holiday; half -holiday, Statutory Cons. Law, 84. 
 year, Statutory Cons. Law, 25. 
 month. Statutory Cons. Law, 26. 
 days; mode of computing days; night-time. Statutory Cons. 
 
 Law, 27. 
 standard time. Statutory Cons. Law, 28. 
 civil and criminal codes. Statutory Cons. Law, 29. 
 laws of England and of the colony of New York, Statutory 
 
 Cons. Law, 30. 
 limiting the effect of repealing statutes, Statutory Cons. Law, 
 
 31. 
 effect of appeal and re-enactment. Statutory Cons. Law, 32. 
 effect of revision upon laws passed at same session or before 
 
 revision takes effect, Statutory Cons. Law, 33. 
 alterations of titles and headnotes. Statutory Cons. Law, 84. 
 laws repealed. Statutory Cons. Law, 35. 
 time of taking effect, Statutory Cons. Law, 36. 
 
 Stay: 
 
 when appeal effects, 1310. 
 
 who may grant, 354, 772, 775, 2089. 
 
 by judge out of court, 775. 
 
 for what time, 775. 
 effect of, on limitations, 406, 1382, 1616. 
 in action against sheriff, 170. 
 on appeal : 
 
 what may be done in court below after, 1310, 1314. 
 
 in action for dower, 1616. 
 
 in condemnation proceedings, 3375, 3379; see Condemna- 
 tion Law. 
 
 to court of appeals, 1327-1333, 1345; see Appeals. 
 
 from determination in special proceedings, 1360, 2145. 
 
 to appellate division, 527, 1348. 1851, 1352, 1360, 2578,2579, 
 2582-2584; see Surrogates. Etc.; Supreme Court. 
 
 from justices' courts, 3050-3052, 3064, 3103, 3105. 
 
 without security, 1005. 1312-1314, 1333, 1351. 
 on application for discovery. 805. 
 
 for removal of action, etc.. 345. 
 of creditor's action against heirs or devisees, 1845. 
 after confession of judgment, 3010. 
 
404 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Stay — Continued. 
 
 on death or disability of attorney, 05. 
 for failure to give security for costs, 3373. 
 
 to pay interlocutory costs, 779. 
 on granting commission, 3311. 
 by injunction order, 611-631, 3365; see Injunction. 
 of issue of letters, 3636, 3640. 
 of judgment for foreclosure sale, 1635. 
 for mistakes and informalities, 731. 
 on motion for new trial, 1004, 1005. 
 
 of order for disposition of real property of decedent, 3797. 
 on account of pendency of other action, 1638, 1970, 1971. 
 pending evidence of authority of attorney, 1513. 
 of proceedings: 
 
 to enforce avrard, 3876. 
 
 for eviction of tenants, 3354, 3361-3365. 
 
 on writ of mandamus, 3089. 
 of prohibition, 3101, 3103. 
 on review by certiorari, 3131. 
 undertaking by respondent to prevent, 1616. 
 see also Appeals; Undertakings. 
 
 Stenographers: 
 
 assistants of, 87. 
 
 for appellate division, 331. 
 
 for county courts, 358, 859, 361. 
 
 for New York city court, 333, 337. 
 
 qualifications of: 
 
 a court ofiElcer, 83. 
 oath of office, 83. 
 skill required, 83. 
 not to disclose communications, 835. 
 minutes and notes, taking of, 83, 84, 3543. 
 paper to be used for, 796. 
 preserving, 84. 
 
 when may be treated as judge's minutes, 1007, 
 copy for judge, 85, 87, 351, 1007. 
 for district attorney, 86, 87. 
 tor attorney-general, 86, 87. 
 for parties, 86, 87. 
 fees for, 354-860, 363, 3513, 3311. 
 for contestant's counsel, 8558. 
 costs for copy of, 8558. 
 
OF CIVIL PROCEDURE. 405 
 
 [References are to Sections.] 
 
 Stenographers — Continued. 
 volumes of, 3543. 
 how authenticated, 2542. 
 evidence in certain cases, 830. 
 assistant, duties, 87. 
 
 temporary, when, 362. 
 
 how compensated, 262. 
 compensation, how provided, 88, 259. 
 mileage, 260. 
 expenses, 260. 
 a county charge, 1007. 
 how paid, 357, 1007. 
 in supreme court: 
 
 in Kings county, 254. 
 salary, 254. 
 assistant, 255. 
 in second judicial district, 351-356. 
 
 salary, 257. 
 in other districts, 358. 
 salaries, 359, 3311. 
 expenses, 360. 
 city court of New York, see Courts (U) (b). 
 in surrogates' courts, see Sureoqates, Etc. 
 in county courts, see Courts (9). 
 
 in different counties, see under the heads of the respective 
 counties. 
 
 Stipulation: 
 
 on appeal, in condemnation proceedings, 3375. 
 
 for judgment absolute, 190. 
 
 for reversal of judgment, 3063. 
 of attorneys to try case at a place other than court house, 37. 
 consent to deposition by commission, 908. 
 see also Motions, Etc. ; Trials. 
 
 Stock: 
 
 in hands of executors deemed assets, 3712. 
 
 money paid into court, invested in, provisions as to, 745, 749, 
 750, 753, 754. 
 
 levy of attachment or execution upon, 646, 647, 649-651. 
 
 unpaid subscriptions to, provisions as to payment of, 1794, 
 1795. 
 
 see also Corporations; Directors, Etc.; Joint Stock As- 
 sociations, and under the titles of the several corporations. 
 
406 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Stockholders: 
 
 who are, 2431. 
 
 actions in behalf of, for dissolution, 1786, 1808. 
 actions against, when no objection as to misjoinder of defend- 
 ants allowed, 18)3. 
 dividends to, 1801, 2423; see also Dividends. 
 liability of, 1790-1796, 1813. 
 
 limitations as to, 394. 
 may be receivers, 3429. 
 as witnesses, 1805. 
 Strays: 
 
 on highways, etc. : 
 seizure, 3084, 3085. 
 
 malicious, 3098. 
 petition for sale, 3086. 
 proceedings thereupon, 3087-8090. 
 service of precept, 3088. 
 proof of, 3089. 
 answer and trial, 3090. 
 proceedings upon decision in favor of person answering, 
 
 3096. 
 sale, 3091. 
 
 proceeds, 3092, 3111. 
 disposition of surplus, 3093, 3094. 
 appeals, 3095, 3102-3105. 
 proceedings upon affirmance, 3106. 
 when animal to be returned to owner, 3097. 
 
 when wilfully set at large by third person, 3098. 
 action against such person, 3099, 3100. 
 demand of possession after final order, 3101. 
 
 proceedings thereupon, 3102. 
 proceedings, where several animals trespassing, 3109. 
 where several owners, 3110. 
 
 distribution of surplus among, 3111. 
 rights of persons first making seizure, 3112. 
 when officer may sue for penalty, 3113. 
 who deemed owner, 3114. 
 agent may act for owner, 8115. 
 action for suffering animals to stray, 3082, 3083. 
 penalties recovered, 3088. 
 action for wrongful seizure, 3106-8108. 
 
 limitations of, 3107. 
 see also Distress. 
 
OF CIVIL PROCEDURE. 40/ 
 
 [References are to Sections.] 
 
 Streets: 
 
 animals straying on, see Strays. 
 see Highway Law; Sidewalks. 
 
 Strict Construction: 
 
 common-law rule of, not applicable to the code, 3845. 
 
 see Construction. 
 
 Struck Jury: 
 
 wlien ordered, 1063-1069. 
 
 notice, 1063. 
 
 mode of obtaining, 1065-1068. 
 
 order, 1063. 
 
 expenses, 1069. 
 
 see Jury, Etc. 
 
 Sub-Contractor: 
 
 preference of laboi'ers and materialmen over, in action to 
 foreclose lien, 3414. 
 
 Submission of Controversy: 
 
 on admitted facts, 1879-1381. 
 
 how made, 1379. 
 
 papers to be filed, 1380. 
 
 by whom tried, 1S81. 
 
 costs upon, 1281.' 
 
 no provisional remedies allowed, 1381. 
 see also Arbitration. 
 
 Subpoena: 
 
 to attend before referee, 1017. 
 
 how served, 852; see Service op Papers. 
 
 who may issue, 7, 854. 3370. 
 
 in New York city court, where may be served, 338. 
 
 disobedience to, 853, 855. 
 
 arrest, etc., of recusant witness, see Evidence (3). 
 
 proof of service in surrogates' courts, 2533. 
 
 service of, in mayor's court of Hudson, and recorders' courts 
 
 of Utica and Oswego, 3201. 
 duces tecum, 915; see Discovery. 
 to witness on deposition for use without the state, 915. 
 to witness on deposition by consent, 879. 
 to witness for deposition for use on motion. 885. 
 in justice's court, 3969-3979; see Justices' Courts. 
 see also Depositions; Evidence (3); Process. 
 
408 INDEX TO NEW YORK CODE. 
 
 jReferences are to Sections.] 
 
 SubscFlbing Witness: 
 
 to -will, 1868, 2496, 2539, 2540, 2544, 2618-2630. 
 when dead, 2619, 2630 
 
 Subscription: 
 
 to stock, enforcement of, 646, 1794, 1795. 
 of papers, see Indorsement; Signature. 
 
 writs, process, 34. 
 
 pleadings, 520. 
 
 in arrest, 561. 
 of stock in corporation, 646. 
 
 Substantial Right: 
 
 appeals in cases involving, 1343, 1347, 1856, 1357. 
 errors not affecting, see Mistakes. 
 
 Substituted Service, see Summons. 
 
 Substitution: 
 
 of attorneys, 65. 
 
 in case of death of parties, 756, 757. 
 
 of judicial officers, 52, 53. 
 
 of successor in office, 1920, 1930. 
 
 of party who has acquired interest on appeal, 1296, 1399. 
 
 of defendant in attachment in certain cases, 710. 
 
 of sureties in action against sheriff for damages in replevin, 
 
 1711. 
 of indemnitors in action against sheriff for levy. 1421-1437. 
 of parties on appeal in surrogates' courts, 2575. 
 of parties in partition, 1547, 1588. 
 effect of, in action on bond, 815. 
 of person succeeding to decedent's rights, 1523. 
 
 Successor: 
 
 appointment of, by surrogate upon revocation of letters, 2605. 
 may compel accounting, 3606. 
 prosecution of official bond by, 2608. 
 
 accounting by, of deceased executor, administrator, etc., 2606. 
 action upon executor's etc., bond when no successor ap- 
 pointed, 2609. 
 of removed executor, 3693, 3693. 
 
 Suffolli County: 
 
 stenographers for courts in, 256, 257. 
 see also Counties. 
 
OF CIVIL PROCEDURE. 4O9 
 
 [UefercnccB are to Sections.] 
 
 Suing in Name of Anotliep: 
 
 action for, 1900. 
 misdemeanor, 1900. 
 damages, 1901. 
 
 Suits, see Actions. 
 
 Summary Hearing: 
 
 on petition for discliarge from imprisonment, 3308. 
 on return of iiabeas corpus, 3031. 
 
 Summary Proceedings: 
 
 to allovr trustee to sell land, see Condemnation Law. 
 cases when allowed, 3231. 
 
 holding over land, 2331, 2332. 
 tenant adjudged insolvent or bankrupt, 2331. 
 premises for bawdy-houses or illegal trade, 3231. 
 forcible entry, etc., 3345. 
 
 issues in, 3245. 
 transfers between New York city district courts, 8346. 
 application for, to whom, 2234. 
 by whom, 3235. 
 when notice to be given, 2236. 
 by neighbors of bawdy-house, 2337. 
 precept, issued by justice, when returnable, 2338. 
 district court clerk in New York, 3239. 
 how served, 2240. 
 
 duty of person to whom delivered for service, 3341. 
 notice to be endorsed on precept, 3341. 
 when on landlord of bawdy-house, 3343. 
 proof of, 2243. 
 answer, form of, 3244. 
 to be verified, 2244. 
 trial, by justice, 3347. 
 
 by another justice in New York district courts, 3889. 
 by jury, when, 8247. 
 adjournment, 3248. 
 final order, 2249. 
 effect, 2264. 
 costs, amount and how collected, 3350. 
 warrant, how issued, 3351, 
 
 execution of the warrant, 3353. 
 when warrant cancels lease, 2253. 
 exception, 2258. 
 
4IO INDEX TO NEW YORK CODE 
 
 [References arc to Sections.] 
 
 Summary Proceedings — Continued. 
 how stayed, 3354, 3363. 
 by injunction, 3365. 
 undertaking for, 3355, 3363, 3365. 
 redemption by lessee, 3356. 
 by creditor of lessee. 3357. 
 last two sections qualified, 3258. 
 petition for order, 3859. 
 final order, 3359. 
 liabilities on, 3359. 
 appeal, how taken, 3260. 
 
 limited to certain cases, 2361. 
 stay by, 3362, 2365. 
 what disallowed, 2361. 
 restitution on, 3363. 
 party dispossessed, may maintain action for damages when 
 final order is reversed on appeal, 3263. 
 
 Summon: 
 
 defined, 3343, sub'd 19. 
 
 Summons: 
 
 commencement of civil action by, 398, 416. 
 efl:ect of voluntary appearance, 424. 
 included under mandates, 418. 
 formal requisites, 417, 418, 1774, 1897, 1939. 
 
 in action for penalties, etc., 1897. 
 
 in matrimonial actions, 1774. 
 description of officials in, 1939. 
 dismissal for failure to serve necessary party, 831, 
 fictitious names in, 451, 3884. 
 amended, 451, 3884. 
 second and third summons, 3883. 
 supplemental, 453, 760, 1588, 1657. 
 verdict, cures want of, 731. 
 
 cures variance between complaint and, 731. 
 filing, 443, 834, 1337, 3653a. 
 attachment or replevin before return of, 3310. 
 replevin before service of, 1693. 
 guardian of infant plaintiff to be appointed before issue of, 
 
 469, 3887. 
 iu new action after answer of title, 2352, 3954. 
 complaint served with, 419, 433, 8136, 3207. 
 
OF CIVIL PROCEDURE. 4II 
 
 [Reterences are to Sections.] 
 
 Summons — Continued. 
 
 notices served with, 419, 420, 433, ISia, 1314, 1319, 1541. 
 orders, etc., granted to accompany: 
 
 arrest, 558, 8877, 2894, 2895, 2897, 2898, 2901, 3177, 3178, 
 
 3318. 
 attachment, 637, 638, 2907-2910. 
 injunction, 608. 
 
 requisition to replevy, 1694, 3920-3923. 
 service of: 
 
 in general, 435-445, 803. 
 by whom served, 435. 
 how made, 426. 
 
 when defendant is an infant, etc., 436, 437. 
 when person served may have interest adverse to de- 
 fendant, 428. 
 where defendant is incompetent, 426, 439. 
 effect of designation of person to receive service in 
 
 absence of party, 430. 
 how served upon domestic corporation, 431. 
 how served upon foreign corporation, 432. 
 provisions of this article apply to special proceedings, 
 433. 
 exception, 433. 
 proof of service, 434. 
 action commenced by, 398, 416, 3348. 
 in action in city court of Yonkers, 3205. 
 in action in court not of record, to foreclose mechanic's 
 
 lien, 3404. 
 in action in county court, 341. 
 
 in action in justices' courts, 2876-2885, 2887, 2888, 3893, 
 2894, 2897, 2898, 3906, 2907, 2909, 2910, 2916-3918, 2930- 
 2925, 2933-3934, 2959, 2960, 2988, 3013, 8030, 3031, 3026, 
 8136, 3128, 3140, 3154, 3305, 3207-3210, 3218; see Service 
 OF Papers. 
 in action in New York city court, 339, 3165, 3166, 3169, 
 
 3170. 
 in New York district courts, 3308. 
 in action for penalty or forfeiture, 1895, 1897, 1964. 
 in action to recover chattels, 1693, 1694, 1696. 
 attachment of property of defendant seeking to avoid, 636. 
 attempt to commence action by, 399, 400. 
 on attorney-general in partition when State is a party, 
 1594. 
 
412 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Summons — Continued. 
 
 general rules as to service of papers, do not apply to, 803. 
 
 dismissal of complaint for failure to serve, 831. 
 
 in condemnation proceedings, 3363. 
 
 costs for publishing, etc. , 3851 . 
 
 on infant or incompetent person, 436-439, 471, 478, 3888. 
 
 in matrimonial actions, 1774. 
 
 neglect, dismissal for, 831. 
 
 notice of pendency of action filed before, 1670. 
 
 on one of several defendants, 456, 457, 821, 3030, 3031, 
 3126. 
 
 on party arrested, 3888, 3179, 3184. 
 
 personal, judgment by default after, 1313-1315. 
 
 where attachment has been granted, 688. 
 
 sheriff's fees for, 3307. 
 substituted service or by publication, in general: 
 
 ■when substituted service may be had, 485. 
 
 how made, 436. 
 
 proof of service, filing papers, 487. 
 
 service by publication, when allowed, 438. 
 
 upon what papers order for granted, 489. 
 
 by whom order made, 440. 
 contents of order, 440. 
 
 commencement of publication, when, 441. 
 
 when service deemed complete, 441. 
 
 papers to be filed, 443. 
 
 notice on summons, 448, 448. 
 
 proof of service, 444. 
 
 when defendant allowed to defend, 445. 
 certain statutes as to, unaffected, 3340. 
 proceedings after in justices' courts, 3918, 2933. 
 effect on limitations, 399, 400. 
 in attachment proceedings, 638, 707. 
 
 in justices' courts, 2910. 
 
 execution after, 1370. 
 application of certain provisions to, 3348. 
 application for judgment after substituted service, 1310. 
 provisions as to place of publication, 3293, 3394. 
 
 fees for, 3317- 
 judgment against joint debtors in cases of, 1933. 
 where party is unknown, 15J1. 
 judgment in partition after, 1557, 1577, 1.582. 
 notice of pendency of action in case of, 1670. 
 
OF CIVIL PROCEDURE. 4I3 
 
 [References are to Sections.] 
 
 Summons — Continued. 
 
 time to appear or plead after, 421, 422, 479. 
 supplemental, 453, 760, 1588, 1657 ; see Publication. 
 
 Sunday: 
 
 foreclosure sale prohibited on, 2393. 
 what court business prohibited on, 6, 3093. 
 what business in courts allowed on, 6. 
 habeas corpus allowed on, 2015. 
 
 not returnable on, 2015. 
 
 redemption of property on, in summary proceedings, 
 2257. 
 see also Holidays. 
 
 Superintendent: 
 
 of banking department and deputy, disqualified as jurors, 
 1029. 
 to be notified of action brought to change name of bank- 
 ing corporation, 2411, 2413. 
 order changing name of banking corporations to be filed 
 
 with, 2414. 
 to be notified of all such changes by county clerk, 2417. 
 of insurance department and deputy, disqualified as jurors, 
 1029. 
 
 to be notified of action brought to change name of insur- 
 ance corporation, 2411, 2413. 
 order changing name of insurance corporation to be filed 
 
 with, 2414. 
 to be notified of all such changes by county clerk, 2417. 
 of insane asylums, disqualified as juror, 1030. 
 of the poor, see POOK. 
 of public instruction and deputy, disqualified as jurors, 1029. 
 
 Superior City Courts: 
 
 seals and records of former, 93; see Courts (7). 
 
 Supersedeas: 
 
 of order of arrest, 572. 
 
 Supervision: 
 
 of executor or administrator, 3706-2721 ; see EXECUTORS, Etc. 
 of officers of corporation, 1781. 
 
 Supervisor of Town: 
 
 actions by or against, 1926-1931. 
 costs in. 3244. 
 
414 INDEX TO NEW YORK CODE 
 
 [RelerencCB are to Sections.] 
 
 Supervisor of Town — Continued. 
 receipt of fines by, 2875. 
 see also Supervisors, Board op; Towns. 
 
 Supervisors, Board of: 
 
 may administer oaths, 843. 
 powers and duties in relation to: 
 
 issuing subpoenas, 854. 
 
 appointment of acting suiTOgate, 2493-2494. 
 
 calendars for courts, '40. 
 
 clerks for surrogates, 2508, 2567. 
 
 examination of inventories and accounts of guardians, 
 2844. 
 
 court and jury rooms, 31. 
 
 jail liberties, 147, 148. 
 
 jail physician, 126. 
 reports to: 
 
 of surrogate's fees, 3501. 
 
 proceeds of fines and penalties, 2875. 
 
 stenograijhers for courts and grand juries, 88, 357, 259, 
 358, 1007. 
 resolutions, ordinances, proceedings, etc. , of, how proved, 941. 
 no security necessary on appeals by, 1313. 
 
 Supplemental Inventories and Schedules: 
 
 in insolvency proceedings, 2205. 
 
 Supplemental Provisions of Code; see Condemnation Law; 
 
 Mechanics' Liens. 
 
 Supplemental Summons and Pleadings: 
 
 court may direct, 453, 544, 760, 1588. 
 
 stockholders may be made parties by means of, 1790. 
 
 in action against legatees, etc., 1845. 
 
 time to serve cannot be extended, 784. 
 
 in action for waste, 1657. 
 
 Supplementary Letters: see Ancillary Letteks; Sueeogatis, 
 
 Etc. 
 
 Supplementary Proceedings : 
 
 cases where article does not apply, 3468. 
 
 property exempt from, 2463. 
 
 three remedies, 2432. 
 
 are special proceedings, 3433. 
 
OF CIVIL PROCEDURE. 415 
 
 [References are to Sections.] 
 
 SupplementaFy Proceedings — Con^mwed. 
 oi'ders, how reviewed, 2433. 
 before whom instituted, 2434. 
 discontinuance, dismissal, 2454. 
 application of code to, 2462. 
 requisites for, as to judgment, 2458. 
 
 execution, 24.')8. 
 against joint debtors, 3461. 
 contempt in, discharge from, 2286, 2457. 
 on execution from surrogate's court, 2554. 
 order: 
 
 after return of execution, 2435. 
 within ten years, 2435. 
 upon afiSdavit, 2435. 
 before return of execution, 2486- 
 
 affidavit, 2436. 
 to third person, 2441. 
 affidavit, 2441. 
 payment under, 2446. 
 effect of, 2446. 
 to sheriff or receiver, 2447. 
 
 duty of sheriff, 2448, 
 how money applied, 2449, 2450. 
 disobedience to, may be punished as contempt, 2457. 
 reference, 2441-2445. 
 report, 2442. 
 referee's oath, 2445. 
 may be ordered at any time, 2443. 
 how order served, 2452. 
 how order reviewed, 2442. 
 warrant of arrest, instead of order, 2437. 
 how served, 2453. 
 after order, 2438. 
 affidavit, 2437. 
 how vacated, 2439. 
 debtor's undertaking, 2440. 
 commitment by, 2440. 
 discharge from, 2286. 
 examination, proceedings on, 2444. 
 adjournment, 2444. 
 attendance, where, 2459. 
 witnesses, parties as, 2444. 
 
 not excused from answering on ground of fraud, 2460. 
 
4l6 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Supplementary Proceedings — Continued. 
 costs to creditor, 2455. 
 
 to debtor, 2456. 
 place where, 2433, 2434. 
 before another judge, 2434. 
 injunction with order, etc., 2451. 
 after order. 2451. 
 how served, 2452. 
 service of warrant, 2458. 
 receiver, appointment, 2464, 2466. 
 qualifications of, 2469. 
 but one, 2466. 
 
 former receivership may be extended, 2466. 
 notice, 2465. 
 order filed, etc., 2467. 
 delivery by sheriff to, 2450. 
 title of, extends back by relation, 2469. 
 vesting of property in, 2468. 
 
 exceptions, 2468. 
 
 by relation, 2469. 
 book of orders appointing, 2470. 
 
 clerk's duty to record, etc., 2470. 
 subject to court, 2471. 
 actions by and against, 2869. 
 
 in justices' courts, 2865, 2869. 
 see also Judgment, Etc. ; Special Peoceedin&s. 
 
 Suppressing: 
 
 deposition, 910. 
 
 Support: 
 
 of prisoners committed under civil process, 112. 
 
 Supreme Court: 
 
 general and miscellaneous: 
 
 application of certain provisions to, 3347. 
 
 a court of record, 2. 
 
 changing venue in other courts, 218. 
 order, 218. 
 
 certifying minutes, 218. 
 appeals from, see Appeals (4). 
 appeals to, see Appeals ('A). 
 
 general provisions, 1298-1323, 1340-1361. 
 
 from justices' courts, 3095. 
 
OF CIVIL PROCEDURE. 417 
 
 [References are to Sections.] 
 
 Supreme Court — Continued. 
 in preferred cases, 791. 
 from city court, 3191-3194. 
 clerk, county clerk as, 89, 3490. 
 appellate division, departments for, 319. 
 
 appeals to, 239, 1346-1861; see also APPEALS (4). 
 
 effect of overruling by court of appeals of construction 
 
 by, 1961. 
 justices, how man}-, 320. 
 
 number necessary for decision, 330, 231. 
 may order money paid into court on assessment of dam- 
 ages, to be invested, 2117, 3118. 
 to render judgments on submission of controversy, 1381. 
 removals by, terms of, 330. 
 
 vacancies, 220. 
 
 where may sit, 230. 
 designations for, 230. 
 
 filing, 323. 
 
 revocation, 233. 
 appointing time and place of terms, 335. 
 
 publishing, 226. 
 special and trial terms to be held by one judge, 239. 
 writs of prohibition granted by, 2093, 2099, 2102. 
 to grant mandamus directed to judge, 2069. 
 
 hearing on, 2070, 2085. 
 
 appeals, 3087. 
 
 provisions concerning, 3089. 
 presiding justice, 320. 
 
 associate as, 238. 
 stenographers, 254, 256. 
 four justices necessary for decision, 230. 
 re-argument when court divided, etc., 231. 
 in first department, may hear on any day, appeals as to 
 
 title to public office, 1229. 
 court attendants, 321, 243. 
 
 fees of attendants, and all expenses, a state charge, 243. 
 investing land damages, 3117. 
 attorneys, admitting, 56. 
 
 suspensions, 67. 
 certiorari, hearing on return, 3138. 
 rules of practice, convention to make and revise, 17. 
 clerk of, who is, 3343, sub'd 4. 
 
 37 
 
41 8 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Supreme CoxxH— Continued. 
 
 injunction against state officer, restrictions on. 605. 
 issue in, tried in what county, 976, 982-9"Jl. 
 
 on mandamus, 3084, 2085. 
 judgments in, upon confession, 1275. 
 
 on arbitrator's award, 2366, 2373. 
 
 in controversies submitted, 1281. 
 
 see Judgment, Etc. 
 jurisdiction in law and equity, 217. 
 
 of old court, 217. 
 
 of chancery court, 217. 
 
 see JUEISDICTION. 
 
 justices, sitting at trial or special term, 93, 235, 237. 
 clerks of, 93, 95. 
 duty out of court, 235. 
 designation of other justices to hold appointed terms, 237. 
 
 by governor, 237. 
 may discharge witnesses from arrest, 862. 
 county judge may perform duties of, at chambers, 241, 
 
 848, 349. 
 orders by, in actions in other courts, 3.54, 772. 
 motion and petitions in, where presented, 769, 206S. 2069, 
 
 2089, 2373, 2423. 
 new action in, after answer to title in justice's court, 2953. 
 orders by surrogate enforcible the same as orders by, 2.'i56. 
 other courts, when to have concurrent jurisdiction with, 317, 
 
 340, 1962. 
 powers and duties in relation to: 
 
 apportionment of stenographer's salary among counties, 
 
 1007. 
 designation of court or officer to perform duties of surro- 
 gate, 2487-2489. 
 discharge of person held under attachment, 3T16. 
 discharge of witnesses from unlawful arrest, S6'2. 
 discovery of property of decedent withheld, 2707. 
 action to foreclose lien on vessel, 3420, 3421-3423, 5426, 
 
 3428, 3431, 3433, 3435, 3441; see Mechanics' Liens. 
 issue of habeas corpus, 2009. 
 issue of subpoena for witnesses, 915. 
 lunacy proceedings, 2330, 3338. 
 motions in, where heard, 769. 
 motions to judge out of court, 771. 
 what orders may be made by, 771, 773. 
 
OF CIVIL PROCEDURE. 419 
 
 [References are to Sections.] 
 
 Supreme Court — Continued. 
 
 proceedings instituted before judges of other courts, 342, 
 343, 3434, 8197. 
 
 removal of public oflficers, 97. 
 
 rules of practice, 17; see RULES, Etc. 
 
 stay on appeal, 3105. 
 
 taking and admitting to bail, 2046. 
 
 in general, 4. 
 
 actions to foreclose liens on chattels, 1738, 1739. 
 
 additional jurors, 1056. 
 
 admission of attorneys, 56, 57, 59. 
 
 appointment of receivers, 713, 716, 1869. 
 
 appointment of trustees of property of convict, 2219. 
 
 assignees, trustees and receivers, 2153, 2438; see Re- 
 ceivers. 
 
 certiorari proceedings, 3126, 2132, 2138; see Habeas 
 Corpus. 
 
 at chambers, who may exercise, 241. 
 
 changing names, see Names. 
 
 condemnation proceedings, etc., see ASSESSMENT of Dam- 
 ages; Condemnation Law. 
 
 contempts, 2293. 
 
 destroying papers on file, 21. 
 
 discovery of life tenant, 3303. 
 
 disposition of proceeds of action by people for spoliation 
 of public funds, 1975. 
 
 distribution of legacies or distributive shares paid into 
 state treasury, 2747. 
 
 habeas corpus proceedings, see Habeas Corpus. 
 
 infants and incompetent persons, 340, 1590-1593, 2330- 
 2323, 3343, 3345 ; see Condemnation Law ; Incompe- 
 tents ; Infants. 
 
 injunctions restraining state officers, 605. 
 
 leave to prosecute official bonds, 814, 1880, 1886-1889; see 
 Bonds. 
 
 mandamus proceedings, 2068-2070, 2072, 3074, 2084, 3085, 
 2087, 3089. 
 
 money, etc., paid into court, 747. 
 
 may make orders in county court upon notice, 354. 
 
 papers, records, etc., of former city courts, 93. 
 
 proceedings to dissolve, wind up or restrain corpora- 
 tions, 2419, 3433. 
 
 production of original records in evidence, 866. 
 
420 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Supreme Court — Continued. 
 
 removal of actions, 819, 343-346, 818, 3484, :J197-3199. 
 
 restraining waste by judgment debtor, 1442-1445. 
 
 Bale of corporate property, 3390-3397. 
 
 surplus money on foreclosure sales, 2404-3409. 
 
 surrogates' courts, 2486. 2490, 2491, 2.i47, 2r)K8, 2709. 
 
 suspending lien of judgment on appeal, 1257. 
 
 suspension or removal of attorneys, C7-69. 80. 
 
 writs of prohibition, 2092, 2093, 2096, 2099, 2101, 2102. 
 remission of fines imposed by, 351. 
 
 powers of surrogate may be exercised by, 2486, 2437, 2490, 2491. 
 reports of decision of, 249, 250. 
 
 to be furnished by justice, 250 ; see Supreme CotJRT 
 Reporter. 
 seal of, county clerk's as, 27, 28. 
 
 description deposited, 27. 
 
 state writ, when under, 1992. 
 
 in surrogate's, matters before, 2490. 
 special terms, appointment, 233. 
 
 held by one judge, 229. 
 
 adjournment, 239. 
 
 trials at, by consent, 239. 
 stenographers, see Stenographers. 
 
 fees, 251-261. 
 struck juries in, order for, 1063-1069. 
 
 notice of striking, 1064. 
 
 formation, 1067. 
 submission of controversies to, 1280, 1281. 
 summons in, to name county, 417; see SUMMONS, 
 terms, general, see Appellate Division. 
 
 special, 232. 
 
 jurisdiction of, 93. 
 
 in Fulton and Hamilton, 333. 
 
 appointments published, 233. 
 
 extraordinary, 234. 
 
 designations for, 334. 
 
 place of holding, 334, 238. 
 
 attendants for, 95-99. 
 wills proved in, 3633. 
 
 Supreme Court Reporter: 
 
 papers and opinion to be furnished, 348. 
 duty, 349. 
 
OF CIVIL PROCEDURE. 42I 
 
 [Keferences are to Sections.] 
 
 Supreme Court Reporter — Conimued. 
 no salary, 249. 
 price of reports, 250. 
 
 Surety: 
 
 on undertaking on application for warrant to foreclose lien 
 
 on vessel, 3421. 
 action by, against principal, 1910. 
 accounting of principal at instance of, 812. 
 of person receiving money in dual capacity, 2596. 
 petition for new, for insufficiency, 2597-2599. 
 application of, for release as to future breaches, 2600. 
 
 decree thereupon, 2601 . 
 cited to attend accounting, 2727, 2728, 2849. 
 when party need not join with, 811. 
 one, when sufficient, 811. 
 qualifications of, 812. 
 several, justifying in smaller sum, 813. 
 
 exceptions to, and justification of, 1335, 1703; see also Justifi- 
 cation; Undbetakings. 
 petition by, for discharge, 2600, 2601. 
 
 for settlement of accounts of principal, 715, 2727, 2728, 
 2808, 2849. 
 surety companies, 811. 
 see Bail; Bonds; Security; Undertakings. 
 
 Surplus: 
 
 on foreclosure sales, 1633, 1739, 1740. 2404-2408, 2787, 2788, 
 
 2798, 2799. 
 of decedents' estates, how distributed, 2732. 
 proceeds of real estate of decedent, 2769, 2790-2793, 2796, 
 
 2799. 
 of strays, 3092-3095, 3111. 
 moneys in action to foreclose lien, see Monet. 
 see also Deposit; Payment; Sales. 
 
 Surprise: 
 
 relief in case of, 724. 
 see also MISTAKES. 
 
 Surrender: 
 
 of prisoner by sureties, 110, 153, 154, 591-594, 601. 
 see Bail; Prisoner. 
 
422 INDEX TO NEW YORK CODE 
 
 [Referencea are to Sections.] 
 
 Surrogates; Surrogates' Courts: 
 
 surrogate: 
 
 when not to act as attorney, etc., 3495. 
 
 county judge as, S484. 
 
 official designation, 2483. 
 
 disqualified as juror, 1029. 
 
 included under judges, 3343, sub'd 3. 
 
 of Kings county, to designate court officers, messengws and 
 
 attendants required, 95. 
 attendance at office, 2505. 
 bonds of, 1886. 
 
 leave to prosecute, 1892 ; see also Bonds. 
 fees, report to supervisors, 2501. 
 
 except New York county, 2501. 
 
 cases when disallowed, 2501. 
 
 costs and fees in general, 2557-2567. 
 of appraiser, 2565. 
 of other officers, 2566. 
 of witnesses, 2566. 
 certificate of issue of letters by, 1538. 
 papers kept on file, 2500. 
 
 bonds to be filed with, to be acknowledged, 2500. 
 
 delivery to successor, 3500. 
 books of record, of wills, 2498. 
 
 of letters, 2498. 
 
 of decrees, 2498. 
 
 of papers filed, 2498. 
 
 of executions, 2498. 
 
 of letters of guardianship, 2498. 
 
 of fees, etc., 2498. 
 
 expense of, 2498. 
 
 indices, 3499. 
 
 open for inspection, 3499. 
 powers of, etc., as to: 
 
 oaths before 843-845. 
 
 partition by infant, 1584. 
 
 as to letters, 1863; see EXECUTORS, ETC. 
 searches by, 961. 
 determination of claims, 2731. 
 
 effect of statute of limitations, 2731. 
 transmission by, to secretary of state of non-resident's will. 
 2503. 
 
OF CIVIL PROCEDURE. 423 
 
 [References are to Sections. J 
 
 Surrogates; Surrogates' Courts —ConMnwed. 
 
 surrogate's court: 
 
 court of recoi-d, 3. 
 
 in New York county, two surrogates for, 3504. 
 
 court always open, 350-1. 
 
 when held by county judge, 3506. 
 seal of, 37, 3507. 
 
 description deposited, 37. 
 
 when use required, 3704. 
 attendants, liow designated, 95. 
 stenographers for, 3512, 3513, 3541-2543; see StenOGEAPH- 
 
 ERS. 
 
 interpreter for, in Kings county, 360. 
 judgment in, when deemed satisfied, 376, 383. 
 costs and fees in, 3557-2561, 3589. 
 
 additional allowance in settling accounts, 2563. 
 
 allowance on sale of real property, 2563. 
 no commission in such case, 2564. 
 definitions relating to, 3514; see Definitions. 
 jurisdiction of: 
 
 in general, 4. 
 
 in proceedings for probate of heirship, 3654. 
 
 probate, 3473. 
 
 letters, 2472. 
 
 executor's conduct, 8473. 
 accounts, 3473. 
 
 testamentary trustees, 3473. 
 
 debts and legacies, 2473. 
 
 distribution, 3473. 
 
 real property, 8473, 
 
 decedent's affairs, 3473. 
 
 guardians, 3473. 
 
 according to statute, 3473. 
 
 presumption of, 3473. 
 
 defective record of facts as to, 2474. 
 
 effect of exercise of, 3475. 
 
 not lost by amendments and defects in record, 3474. 
 
 first, when exclusive, 3476. 
 
 concurrent, 3477. 
 
 effect of debts on, 2478. 
 
 in new counties, etc. , 8479. 
 transfers, 3480. 
 
 over previous wills, 8483. 
 
424 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Surrogates; Surrogates' Courts— Continiied. 
 incidental powers: 
 
 citations, 2481, 2708. 
 
 who to act when surrogate absent, 2708. 
 
 in New York and Kings counties, 2708. 
 allowing executor or administrator to consent to dis- 
 charge of insolvent, 2153. 
 adjournments, 2481. 
 depositions, etc., in, 2.538. 
 subpoenas, 2481. 
 injunctions, 2481. 
 over executors, etc., 2481. 
 opening, etc., decrees, 2481. 
 new trials, 2481. 
 granting leave to issue execution against executor or 
 
 administrator, ] 82.5-1827, 2723. 
 granting leave to issue execution against prciperty of 
 
 deceased, 1380-1382. 
 over executors and administi'ators. sen Executors, Etc. 
 over guardian, see GrARoiAX ajsd Ward. 
 over probate of heirsliip, see Heirs. 
 over public administrators, see Public Administrator. 
 over testamentarj' trustees, 2802-2820. 
 
 see also Trusts, Etc. 
 punishing contempt, 2481. 
 completing business for predecessor, 2481. 
 transcripts, 2481. 
 clerks, for office, 2508. 
 
 supervisor's sanction, 2508. 
 of court, 2509. 
 
 powers, 2509, 2510. 
 surrogate liable for, 2511. 
 searches by, 961. 
 certificate, 961. 
 restrictions upon, 2508, 2509. 
 when not to be referees, etc., 90, 2509. 
 process, how executed, 2515. 
 citation, 2515. 
 attachment, 2515. 
 deposits into court, 2537, 2769, 2786, 2798-2800, 3347, sub'd 11. 
 delivery to county treasurer, 2537, 2769. 
 surrogate's power over, 2537. 
 by, in banks, etc., 3745, 2746. 
 
OF CIVIL PROCEDURE. 425 
 
 [References are to Sections.] 
 
 Surrogates; Surrogates' Courts —CowimMed. 
 miscellaneous rules of practice, etc., 2537, 2538. 
 vacancy or disability, who to act: 
 special surrogate, 2484. 
 special county judge, 3484. 
 county judge, 3484. 
 
 not of another county, 341. 
 district attorney, 3484. 
 surrogate of adjoining county, 2485. 
 
 New York excepted, 3485. 
 in New York, supreme court, 3486. 
 in Kings county, supreme court, 2484. 
 
 provision as to seal, 2490. 
 proof of substitute's authority, 3487. 
 order giving authority, 2488. 
 authority revoked, 3489. 
 retransfer to surrogate, 3491. 
 
 proceedings on, 3491. 
 temporary surrogate, 2492. 
 
 appointment by supervisors, when, 2493. 
 compensation and how paid, 3493. 
 recording acts of, in regular books of court, 3494. 
 disqualification, cases of, 3496. 
 when waived, 2497. 
 special proceedings : 
 
 application of code, 2.538 
 to be begun by citation, 2516 
 citation, petition for, 3516. 
 service, when. 2523. 
 
 effect of statute of limitations as to, 2517. 
 upon persons constituting a class, 3518. 
 
 when some or all unknown, 3518, 2533. 
 contents, 3519. 
 how served in state, 3530. 
 when not personal, 3531 
 without state, 2522. 
 by publication, when, 2533, 2533. 
 order. 35'4. 
 time for, 2525. 
 upon corporation, infant, etc. , 2526, 2527. 
 proof of service, 2533. 
 publication, how made, 2535, 2536. 
 
 order for, in New York and Kings counties, 2586. 
 
426 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Surrogates; Surrogates' Couvts— Continued. 
 appearance, in person. 2528. 
 
 by attorney, 2538. 
 
 as in supreme court, 2528. . 
 
 of infant, 2530. 
 
 of lunatic, etc., 3531. 
 attorney before, his father or son not to act, 50, 2529. 
 
 nor his clerk, 50, 2529. 
 pleadings, rules for, 2583. 
 
 verification, 2534. 
 
 amendments, etc., 2538. 
 exceptions at trial before, 2545. 
 
 surrogate's rulings, 2545. 
 references, when ordered by, 2546. 
 
 in New York, to assistant, 2546. 
 trial by jury, when ordered, 3547, 2588. 
 
 in New York, where had, 3547. 
 
 how reviewed, 3548. 
 
 order for new, 2548. 
 appeal, 2549. 
 
 after reversal of decree, 2588. 
 witnesses, aged or sick, 2539, 2540. 
 
 notice of examination, 2539. 
 
 in another county, 2540. 
 
 bequests to, effect, 3544. 
 decrees and orders: 
 defined, 2550. 
 settling accounts, 2551. 
 as evidence of assets, 2552. 
 for money, docketing, 2553. 
 enforcing, by execution, 2554. 
 
 by process of contempt, etc. , 2555. 
 order defined, 3556, 
 
 enforced how, 2556. 
 appeals from, by party aggrieved, 2568. 
 
 applications of certain provisions of code to, 3847. 
 
 by other than party, 3569. 
 
 to supreme court. 8570. 
 
 from intermediate order, 3571 . 
 
 from supplementary decrees of distribution, 2791. 
 
 time to appeal, 257'. 
 
 what reviewed on, 2545. 
 
 parties, 2573. 
 
OF CIVIL PROCEDURE. 427 
 
 [References are to Sections.] 
 
 Surrogates; Surrogates' Courts— Continued. 
 how taken, 2574. 
 
 certain provisiont may be made applicable, 3575, 
 may be, on law or facts, 3570. 
 on a case, when, 2576. 
 security to perfect, 2577. 
 
 on money decree, 2578. 
 
 for delivery of property, 2578. 
 
 for stay, 2579. 
 
 amount of undertaking, how fixed, 2580. 
 
 requisites of undertaking, 2581. 
 from probate decree, 2583, 2583. 
 
 how far suspended, 3583. 
 
 when no stay, 3583. 
 perfected, proceedings when, 8584. 
 hearing on, 3585. 
 
 appellate court's power, 2586, 2587. 
 order as to distinct parcels after, 3769. 
 further testimony, 3586. 
 judgment or order on, 3587, 3588. 
 
 when directs trial by jury, 2588. 
 costs, 3557-2561, 3589. 
 
 additional allowance, 2563, 2563. 
 
 no commissions allowed, 2564. 
 in special cases preferred, 791. 
 see Citation; Courts; Executors, Etc.; Guardian and 
 Ward; Judges; Officers, Etc.; Public Administrator; 
 Wills. 
 
 Survey: 
 
 in action for dower, 1609, 1612, 3299. 
 
 in partition suit, 1552, 1555, 3299. 
 
 ordered by court in real actions, 1682-1684. 
 
 see also MAPS; State Engineer and Surveyor. 
 
 Surveyors: 
 
 fees of, 3299. 
 
 Surveyor-General, see State Engineer and Surveyor. 
 
 Survival: 
 
 of actions, 402, 405, 412, 755, 758. 
 surviving executor or administrator, 2693. 
 surviving husband or wife, property for, 2713, 3724. 
 
 action against, 1838. 
 see also Abatement and Revival. 
 
428 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Suspension: 
 
 of attorney, 67; see Attorneys, Etc. 
 of guardian, 2834. 
 
 of justice of New York city covirt, by governor, 321. 
 of lien of judgment on appeal, 1258-1359. 
 of officers, 1811. 
 
 of running of statute of limitations against debts due 
 decedent, 3731; see Limitations. 
 
 Swearing: see Oaths. Etc. 
 
 Swindling, see Fraud. 
 
 Sword: 
 
 when exempted from execution, 1393. 
 
 Syracuse: 
 
 municipal court of, a court not of record, 3. 
 
 Table Beer: 
 
 in jails, 138. 
 
 Talesmen: 
 
 in place of jurors, 1055, 1067, 1171-1174, 3330. 
 see also Jdey, Etc. 
 
 Taverns, see Inns, Etc. 
 
 Taxes and Taxation: 
 
 exemptions by reason of being exempt from execution, 1390- 
 
 1404; see Executions. 
 executors, etc., of estates, to pay, 2719. 
 imprisonment of persons not paying, 3318. 
 
 discharges under insolvency laws, does not affect, 3184, 
 2218. 
 on land admeasured for dower. 1613. 
 judgment sales of real estate as to, 1676. 
 removal of tenants for non-payment of, 3331. 
 to be paid by oflBcer selling in partition, dower, etc., 1676. 
 replevin forbidden as to property held under tax law. 1690 
 
 3919. 
 stenographers' salaries, levy for, 359. 
 warrants for collection of, 1 690. 
 taxation of costs, 3078, 3262-3267; see Costs 
 
 in action to foreclose lien on vessel, 3439. 
 
 of fees, 109, 3387. 
 
OF CIVIL PROCEDURE. 429 
 
 [References are to Sections.] 
 
 Taxes and Taxation — Continued. 
 
 taxpayei", actions by, to prevent waste of public property, 
 etc., 1925. 
 judge wlio is, not disqualified, when, 48. 
 juror must be, 1037, 1038, 1079, 1080. 
 
 Taxpayer: 
 
 action by, 1935. 
 
 Teachers: 
 
 exempted from jury duty, 1030, 1033, 1081, 1137. 
 
 Teams: 
 
 exempted from execution, 1891. 
 
 Telegraph and Telephone Companies : 
 
 operators exempt from jury duty, 1030, 1081, 1137. 
 see also Coeporations. 
 
 Temporary: 
 
 administrators, 3495, 2504, 2668-3683, 3685, 2691, 3725, 3736; 
 
 see Executors, Etc. 
 guardians, 2827, 2828. 
 
 injunction, see Injunction; Provisional Remedies. 
 jails. 135-144. 
 
 receivers, 714, 1788, 1789, 2438. 
 stenographer, 263. 
 surrogate, 2493-3494. 
 see also Time 
 
 Tenants: 
 
 to be made parties in action to recover real property, 1503. 
 in common, 1459, 1480, 1500, 1515, 1532, 1583, 1537, 1538, 1548, 
 
 1590-1592, 1656, 1658, 1666. 
 see Partition; Real Property; Waste. 
 by curtesy, see Curtesy. 
 in dower, 1539; see Dower. 
 in fee, 1538; see Real Property. 
 joint, 14.59, 1460, 1500, 1515-1517, 1533, 1538, 1587, 1538, 1590, 
 
 1656-1658, 1666. 
 for life: 
 
 actions by or against, 1285, 1532, 1538, 1539, 1553, 1569, 
 
 1588-1586, 1651, 1664, 1680. 
 condemnation of lands of, see Condemnation Law. 
 death, presumption of, 841, 2817. 
 
430 INDEX TO NEW YORK CODE 
 
 [References are to Si-ct!ons.] 
 
 Tenants — Continued. 
 
 death, proceedings to discover: 
 petition to produce, 2303-2304. 
 
 when and where presented, 2303. 
 contents, 3303. 
 service of, 2304. 
 order to produce, 3305, 3306. 
 referee, when to be appointed, 3305. 
 habeas corpus, 3807. 
 reference, 3306. 
 report of referee, 2308. 
 dismissal of petition, 3309. 
 when tenant deemed dead and petitioner let into 
 
 possession, 3310. 
 commission, 2311, 2312. 
 
 notice of execution of, 3813. 
 execution of, 2314. 
 return, what to state, 2315. 
 proceedings on, 3815. 
 costs of proceedings, 3316. 
 final order, 3319. 
 
 not conclusive in ejectment, 2319. 
 property, when restored, 3317. 
 remedy of person evicted, 331S. 
 to notify, of the service of process, 2241. 
 rents of, see Rents, Etc. 
 
 summary removal of, see Summary Proceedings. 
 estate of infant, etc., disposal of, 2360, 3363, 2363. 
 waste by, see Waste. 
 at will, etc., 2231, 2236. 
 for years, 1285, 1538, 1539, 1553, 1569, 1583-1586, 1651, 2231, 
 
 2362, 2363. 
 see also Landlord and Tenant ; Real Property ; Summary 
 Proceedings. 
 
 render: 
 
 when may be made, 731. 
 
 how made, 731, 732. 
 
 effect of, 733. 
 
 when deducted from recovery, 734. 
 
 right to costs dependent upon residue, 734. 
 
 in action for rent, 1506-1509. 
 
 of award of lands condemned, 3374. 
 
OF CIVIL PROCEDURE. 43 1 
 
 [References are to Sections.] 
 
 Tender — Continued. 
 of fees, 2000, 2065. 
 see also Offers. 
 
 Tenements: 
 
 defined, Statutory Cons. Law, 3. 
 
 Tense: 
 
 defined, Statutory Cons. Law, 8. 
 
 Terms: 
 
 of court, adjournment of, 34, 35. 
 
 eflEect of code upon designation, 3353. 
 
 see Appellate Division ; Courts. 
 defined and construed, see Definitions. 
 
 Territories: 
 
 defined. Statutory Cons. Law, 23. 
 bills payable in, 925. 
 action by people in courts of, 1971. 
 proof of statutes, etc., of, 942-947. 
 
 Testament, see Wills. 
 
 Testamentary Guardian, see Guardian and Ward ; Wills. 
 
 Testamentary Trustee: 
 defined, 2514, sub'd 6. 
 see Trusts. 
 
 Teste: 
 
 of letters, 2589. 
 of process, generally, 23. 
 mistakes in, 24. 
 
 Testimony, see Depositions ; Evidence; Trials. 
 
 Thanksgiving Day, see Holidays. 
 
 Things in Action: 
 
 defined. Statutory Cons. Law, 4. 
 included under personal property, 2712. 
 purchase of, by attorneys, 73-77. 
 by justice or constable, 3137. 
 see also Abatement, Etc. ; Bills, Etc. 
 
432 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Third Person: 
 
 trial of claim of, to property in hands of sheriff, 108, 109. 
 to goods attached, 657-6i9. 
 
 in justice's court, 3912-2914. 
 to property levied on, 1418-1431. 
 in replevin, 1709-1711, 1723. 
 in justice's court, 3939. 
 suit in name of, forbidden, 1900. 
 
 damages for, 1901. 
 title of, as defence in replevin, 1723. 
 
 Timber, see Trees. 
 
 Time: 
 
 general provisions: 
 
 hovf computed, 787, Statutory Cons. Law, 2.')-28. 
 
 of docketing judgment, etc., stated in execution, 1366. 
 
 extensions of: 
 
 in general, before expiration, 781. 
 copy of affidavit annexed, 782. 
 after expiration, 788. 
 when not granted , 784. 
 exception, 785. 
 in particular cases, see infra. 
 of imprisonment, see Imprisonment. 
 
 may state in execution date from which interest shall 
 be computed, 1368. 
 ■when law takes effect, 3355, 3356. 
 length of, for notices, 780. 
 
 see also under " Notices," infra. 
 
 for publication, 787; see also under "Publication," 
 infra. 
 to be minuted in justice's docket, 3140. 
 on receipt of execution, memorandum of, 1363. 
 how reckoned, in general, 787. 
 of return of commission, memorandum of, 906. 
 of trials, entered in linutes, 1189. 
 of docketing judgment, and filing transcript, statement 
 
 of, in execution, 1367, 1369. 
 extensions of, 601, 701, 1778, 2089, 3133, 2368, 2852. 
 of imprisonment, see Imprisonment. 
 
 from which interest to be computed, statement of, in 
 execution. 136K. 
 
OF CIVIL PROCEDURE. 433 
 
 [References are to Sections. ] 
 
 Time — Continued. 
 
 limited, for execution of order of arrest, 561. 
 
 of proceedings in justices' courts, memorandum of, in 
 docket book, 3140. 
 
 reasonable, 1118, 1181, 1467. 2540, 2598, 2679, 3767, 3961, 
 3004. 
 
 of receipt of execution, memorandum of, 1363. 
 
 how reckoned, upon successive letters, 2593. 
 
 of return of commission, memorandum of, 907. 
 
 of return of summons in action to foreclose mechanic's 
 lien, 3404. 
 
 of trials to be entered in minutes of clerk, 1189. 
 
 in Yonkpi-s city court, see Yonkers. 
 particular acts and things affected by rules as to time: 
 accounts of commissioner of jurors, 1118. 
 
 of district attorney, 1968. 
 
 of executors and administrators, 2723, 2725, 2T26, 2728, 
 2729. 
 
 of guardians, 2837, 3843-3845, 2847, 2855. 
 
 of justices of the peace and their clerks, 3118, 3120. 
 
 of trustees, 2803, 3807, 2808, 2810. 2814. 
 
 see also Accounts, Etc. ; Reports. 
 actions: 
 
 against bail on civil arrest, 597. 
 
 to compel determination of claim to dower, 1647. 
 
 to establish will or codicil, 2653a. 
 
 against heirs or devisees, 1844, 1858. 
 
 on judgment of justice of the peace, 3154. 
 
 for legacy or distributive share. 1819. 
 
 on undertaking given on appeal, 1309. 
 adjournments, 580, 658, 1045, 1101, 1419, 3187, 2309, 2348, 3368, 
 
 3509, 3959-3961, 2967. 3968, 3991, 3093, 3106, 3130, 3186. 
 admission to bail, 573. 3183. 
 appearance of parties, 431, 433, 479, 3893, 2899, 3013, 3089, 
 
 3185; see also Appearance. 
 appointment of receiver, 1810, 2464. 
 arrest, fixing time for, 561. 
 
 assignments, etc., in contemplation of insolvency, 2173. 
 attachment of property, 3907, 3909. 
 
 of recusant jurors, 3996. 
 
 or replevin in justices' courts, 3210. 
 certiorari, 2135, 2136. 
 challenges and objections to jurors, 1166. 
 28 
 
434 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Time — Continued. 
 
 change of name of corporation, 2413, 2415. 
 
 of name of individual, 2413, 241.5, 2416, 
 claims to strays and their proceeds and determination of 
 same, 3093-3095, 3097, 3101. 
 
 to surplus on foreclosure sale, 1633, 2405, 2406. 
 
 of third person to interest in attached vessel, 660, 671- 
 673. 
 collection of fines and penalties, see Fines, Etc. 
 commencement of action, 399. 
 conclusiveness of judgment, 1536-1528. • 
 conditions of bond of guardian, 2830. 
 conditions of undertakings: 
 
 on appeal from commitment by surrogate for non-pay- 
 ment of money, etc., 3579. 
 
 on attachment of vessel, 668. 
 
 by defendant on adjournment in justice's court, 2962. 
 
 by defendant on answer of title in justice's court, 3952. 
 
 on discharge from arrest, 2963. 
 
 on return of attached property, 3911, 2912. 
 
 for publication of decision, 211. 
 correcting docket of reversed or modified judgment, 1321. 
 credit on sale of decedent's real property, 2771. 
 decisions and awards of arbitrators, 2368, 2372, 2374. 
 deliberation of jury, 1181, 3088. 
 delivery of certificate of execution sale to purchaser, 1489. 
 
 of jails, etc., to incoming sheriff, 184, 185. 
 
 of resolution establishing jail liberties, to keeper of jail, 
 148. , 
 demand by defendant or third person for return of attached 
 
 property, 3911, 2912. 
 demand for jury trial, 1009, 3168, 2247, 2990, 3127, 3185. 
 deposits of books, etc., by justice of the peace with town or 
 city clerk, 3144. 
 
 of moneys by temporary administrator, 2678, 2679. 
 distribution of court calendars, 977. 
 docketing judgment, 1246. 
 duration of trials, 2561, 3315. 
 
 earnings of judgment debtor, for personal services, 2463. 
 effect on insolvent assignment of interest vesting thereafter, 
 
 3177. 
 enlargement of, in mandamus, 2089. 
 
 in prohibition, S102. 
 
OF CIVIL PROCEDURE. 435 
 
 [References are to Sections. ] 
 
 Time — Continued. 
 
 entry of judgment in justices' courts, 3015. 
 
 after motion for a new trial at general term, 1227. 
 examination of books and accounts of receivers of corpora- 
 sions, see Receivers. 
 of judgment debtor, 2435. 
 exceptions, 994, 995, 1001. 
 execution of order of arrest, 561. 
 of powers, 2640, 2641. 
 of satisfaction piece, 1260. 
 of sheriff's deed of real property, 1471. 
 exemptions from execution, etc., 1890, 1391, 1394, 1396. 1400, 
 
 1401,1403. 
 failure of juror to inform commissioner of jurors of corrupt 
 offer, 1124. 
 of tenant to pay taxes and assessments, 2231. 
 filing affidavits, on which attachment was granted, 639 
 
 to preserve judgment lien in favor of party claiming 
 
 contribution, 1485. 
 and requisition to replevy chattels. 1715, 1716. 
 amendments to rules of prartirp 57. 
 answer in special proceedings, 2244, 3090. 
 certificates: 
 
 of execution sale, 1489. 
 of fines on delinquent jurors, 1111, 1155. 
 showing exemption from jury duty. 1031, 1082, 1083, 
 1128. 
 confession of judgment, 1275. 
 
 consent to receive gross sum in lieu of dower, 1569, 1617. 
 copy of letters on estate of non-resident, 2503. 
 decisions: 
 
 of arbitrators, 2372. 
 of judges, 719, 1010, 3173. 
 deposition of party examined before trial, 880. 
 designation: 
 
 of family burying-grounds, 1396. 
 of person to receive service of process, 2880, 2881. 
 discharge in insolvency and accompanying papers, 2181, 
 inventory and account of guardian, 2842, 2845, 2855. 
 
 of attached property, 654 
 judgment-roll, 1237, 1289. 1247. 
 jury lists, 10-37, 1048, 1096. 1131, 1137. 
 new undertakings on appeal, 1308. 
 
436 INDEX TO NEW YORK CODE 
 
 [Keferences are to SectioDS.J 
 
 Time — Continued. 
 
 filing note of issue, 977, 3162. 
 
 objections to issue of letters, 3641. 
 order of arrest and accompanying papers, 562, 590. 
 changing name, 2415. 
 drawing additional jurors, 1057. 
 in proceedings for dissolution of corporations, 
 
 2423. 
 for substituted service, 437, 442. 
 papers by creditors redeeming real property, 1463, 1467 
 record of conviction for contempt, 2873. 
 reports of referees, 2308. 
 
 selection of executor under power in will, 2640-2642. 
 statements of agent of foreign mercantile or manufac- 
 turing business, see Agents. 
 of partnership interest, 1945. 
 summons and pleadings, 834. 
 
 undertaking of indemnity against claim to property levied 
 on, 658, 1419. 
 hearing of causes, generally, see Peefeered Causes. 
 how reckoned upon successive letters in surrogates' courts, 
 2593. 
 exception, 2682. 
 imprisonment on execution or order of arrest. 111, 572, 1494, 
 
 2202, 2216, 3900, 3901, 2977, 3033, 3221. 
 investment of moneys paid into court, 1633, 2117. 
 issue of habeas corpus to produce tenant for life, 2307. 
 
 of letters testamentary or letters of administration, 
 
 3408. 
 and levy of execution, 572, 1352, 1375-1382, 1489-1494, 
 
 1858, 3024, 3035, 3027, 3029, 3040-3042. 
 of warrant against recusant witness, 2975. 
 joinder of issue on appeal from justices' courts, 3071. 
 
 in justices' courts, 3934. 
 jury year, 1084. 
 
 lease subject to execution, 1430. 
 leave to divorced person to re-marry, 1761. 
 length of time for justice of peace to wait upon return of 
 
 summons, 2893. 
 liability of sureties on official bonds, 2606. 
 licenses, see Licenses. 
 
 liens, 1251. 1353, 1255, 1357, 1331, 1380, 1405-1409, 1484-1486; 
 see also Liens. 
 
OF CIVIL PROCEDURE. 437 
 
 [References are to Sections.] 
 
 Time — Continued. 
 limitations: 
 
 of actions, see Limitations. 
 
 of damages in action of ejectment, 1605. 
 
 in action for withholding dower, 1600, 1601, 1603. 
 of liability for rents and profits, 1531. 
 
 on undertaking for stay of dispossess warrant, 
 3254. 
 making jury lists and drawing jurors, IOS'T, 1037-1039, 1042, 
 
 1094, 1099-1102, 1112, 1135-1140. 
 length of membership in fire company, 1030, 1081. 
 motions and applications: 
 
 for appointment of appraisers of attached vessel, 660. 
 
 for appointment of guardian ad litem, 471. 
 
 for cancellation of judgment against insolvent, 2182. 
 
 for cancellation of notice attaching real property, 711. 
 
 to confirju or vacate award, 3373, 3876. 
 
 for commission to take testimony, 2982. 
 
 for discharge from arrest or imprisonmsnt, on civil 
 
 process, 3316, 8317. 
 for discharge of judgment against bankrupt, 1368. 
 to discover death of tenant for life, 3302. 
 for judgment by default, 1216, 1218, 1778. 
 for new trial, 999, 1001, 1006, 1525, 1526, 2547. 
 to open default, 445, 724, 3128. 
 
 for relief from judgments, etc., taken by surprise or mis- 
 take, 724. 
 to set aside judgment for irregularity or error in fact, 
 
 1282, 1399. 
 to vacate or modify warrant of attachment, 683. 
 to vacate order of arrest, etc., 558, 567. 
 neglect to enter judgment, 573. 
 notices: 
 
 of appeal : 
 
 to court of appeals, 190, 1331, 1335, 1334, 1350. 
 
 from final order in proceedings to dispossess tenant. 
 
 3360. 
 to appellate division from final order in special pro- 
 ceeding, 1359. 
 to appellate division, from judgment or order ren- 
 dered in same court, 1351, 13.59. 
 to general term of New York city court, 3190. 
 from imposition of fine on delinquent juror, 1113. 
 
438 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Time — Continued. 
 
 from interlocutory judgment on demurrer, 190. 
 from justices' courts, 3046, 3095, 3140. 
 from New York city court to supreme court. 3193. 
 from order in proceedings relating to stravs. 3095, 
 
 3103, 3104. 
 to supreme court from inferior court, 1341, 1343. 
 
 1359. 
 from surrogates' courts, 2.')72 
 from verdict on issues transferred from surrogateB' 
 
 courts, 2547. 
 see also Appeals. 
 of appearance, 421, 422. 479, 2428; see Appearance. 
 of application for certiorari, 2128. 
 of appraisal of decedent's estate, 2711. 
 of argument, 780, 3062, 3161. 
 of assessment of damages, 2112. 
 of claims to administration, 2666. 
 to chattels replevied, 17(14, 1709. 
 
 to legacy or distributive share paid into state treasurv 
 3747. 
 in condemnation proceedings, 3361, 3367, 3369, 3372, 3374- 
 
 3376, 3381, 3392, 3394, 3395; see Condemnation Law. 
 to offer copies of book entries in evidence, 980. 
 to defendant in default, 1319. 
 to commence foreclosure of lien, 3417. 
 relating to discharge from arrest or imprisonment, 1494. 
 
 3205, 3217, 2260, 2901. 
 of drawing jurors, 1043, 1064, 1070, 1100, 1140. 
 of entry of judgment, 445, 994, 1309, 1341, 1351, 3046. 
 of entry of order, 1309, 1335, 1343, 1351, 1359. 
 of exceptions, 994, 1001. 
 
 of exception to or justification of sureties, 577, 578, 580, 
 658, 690, 1333, 1335, 1419, 1703, 1704, 2924, 3161, 3168, 
 3274. 
 extending judgment lien, after ten years, 1253. 
 to file decision, 3173. 
 
 of filing return to alternative writ of mandamus, 2081. 
 of filing undertaking, 3168. 
 of imposition of fine on officer, 1197, 1198. 
 to imprisoned debtor to apply for discharge, S216, 2317 
 to indemnitors to defend action, 1427. 
 to redeem by creditor of lessee, 8357. 
 
OF CIVIL PROCEDURE. 439 
 
 [References are to Sections. I 
 
 Time — Continued. 
 
 to re-enter on land, 1505. 
 to re-enter for non-payment of rent, 1505. 
 of judgment demanded, 1735. 
 to jurors, 1048, 1060, 1106, 1129,2998. 
 of motions and applications: 
 
 for appointment of receiver, 2464. 
 of special guardian, 2531. 
 of temporary administrator, 3670. 
 for cancellation of judgment against bankrupt, 1268. 
 for certiorari, 2138. 
 to compel attorney to prove his authority, 1512. 
 
 deposit by temporaiy administrator, 2679. 
 for conditional examination of v\?itnesses, 3982. 
 to discharge attachment, 689. 
 to discharge lien, 3441. 
 for discharge of insolvent, 3165. 
 to dissolve corporation, 3425. 
 for judgment by default, 1319. 
 for judgment on frivolous pleading, 587. 
 for leave to issue execution, 1376, 1836. 
 for mandamus, 2070. 
 for new trial, 1003. 
 
 for order establishing rights of parties upon redemp- 
 tion, 2259. 
 for order of restitution, 3058, 
 for pi-oceeds of partition sale, 1564. 
 to punish for contempt, 1073, 1074, 1154. 
 to remove action or change place of trial, 986. 
 to set aside judgment for irregularity or error in fact, 
 
 1382, 1290. 
 to substitute or join new parties, 1298. 
 for summary judgment, 163. 
 for surplus money on foreclosure sale, 2406. 
 by temporary administrator for leave to sell, 3673. 
 to vacate or modify award, 2376. 
 for withdrawal of money deposited by temporary 
 administrator, 3680. 
 in New York city court, 3161, 3162, 3168. 
 of offer or acceptance of offer of judgment, 738, 739, 
 
 3070, 3072, 3413. 
 of payment of money into court, 733, 3413. 
 of pendency of action, 1670, 1671, 1673, and see Pendency 
 OF Action. 
 
440 INDEX TO NEW YORK CODE 
 
 [References are to Sections,] 
 
 Time — Continued. 
 
 of no personal claim, 423. 
 
 to plaintifie, of arrest of defendant, 2897, 2899. 
 
 in proceedings to discover death of life tenant, 2304, 
 2313. 
 
 in proceedings to dispossess tenants, 2231. 3336-2338. 
 
 to quit, 3331, 3336. 
 
 to return requisition to replevy cliattels, 1716. 
 
 of sale, on foreclosure, 3388, 3389, 3396. 
 
 of taking depositions, 899. 
 
 of taxation of costs, 3161, 3263, 3264. 
 
 to testify as to liability of juror to serve, 1095. 
 
 of trial, 977, 3161, 3163. 
 see also Notice. 
 
 office hours, etc., 1249, 2r)04, 250.'5, 3133. 
 order of arrest, 551, 558. 
 
 order for commission to discover deathof tenant for life, 2311. 
 payment of costs by party appealing from justice's court, 
 3047. 
 
 of debts, legacies and distributive shares, 2674, 3T17,'2719, 
 3731, 3723, 3743, 3748. 
 
 of deposit into court in lieu of bail, 5 >]. 
 
 of fines to overseers and superintendents of poor, 2875, 
 3978. 
 
 of gross sum in lieu of dower, 1618. 
 
 of interlocutory costs, 779. 
 
 of legacies, 3731-3733. 
 
 of money deposited in court, to county treasurer or city 
 chamberlain, 745. 
 
 of moneys in hands of commissioner of jurors, 1162. 
 
 of proceeds of decedent's real estate into court, 27u6. 
 of partition sale, 1583. 
 
 of rent, 1504-1506, 3254, 3356. 
 
 of surplus on foreclosure sale into court, 8404, 3798. 
 
 of unclaimed legacies, etc. , to county treasm'er, 3748. 
 possession of real property, 1638, 1039, 1685, 2245. 
 powers of executor before issue of letters, 2613. 
 presumptions: 
 
 of appointment of guardian, 3785. 
 
 of date of issue of letters, 393. 
 
 of death, 841. 
 
 of intestacy, 2665. 
 
 of legitimacy, 1760. 
 
OF CIVIL PROCEDURE. 44I 
 
 [References are tu Sections. J 
 
 Time — Continued. 
 
 of possession of real property, 369, 373. 
 of renunciation by guardian, 2851. 
 of satisfaction of judgment, 376. 
 of truth of recitals in sheriff's deeds, 1471. 
 see also Presumptions. 
 priority of letters, 2592. 
 production of evidence, 2709. 
 
 production of life tenant under order of court, 2305, 3306. 
 proof of payment of arrears of rent, etc., by tenant, 2255. 
 
 of statutes and joint resolutions, 932. 
 property of decedent not included as assets, 2713. 
 publication: 
 
 of accounts of county treasurer, 2668. 
 
 of citations, 2517, 2524, 3799; see Citation. 
 
 of court rules, 18. 
 
 of designations of terms of courts, 39-43, 226, 233, 356. 
 
 fees and disbursements for, 2402, 3307, sub'd 9. 
 
 of notices: 
 
 of action to recover escheated or forfeited property, 
 
 1978. 
 to appear and claim right to administer, 2666. 
 of applications: 
 
 to change name of corporation, 2413. 
 for discharge of debtor from imprisonment, 2306. 
 for discharge of insolvent, 2165. 
 for dissolution of corporation, 3423, 2424. 
 for proceeds of partition sale, 1,564, 158-. 
 relating to change of name of corporation, 3413. 2417. 
 in condemnation proceedings, 3108, 2112. 
 to creditors to present claims, etc., J 807, 36fi6, 8673, 
 
 2718, 3754, 2787. 
 of distribution of proceeds of decedent's real estate, 
 
 3787, 3799. 
 of dravring jurors, 1100. 
 
 of execution of writ of assessment of dam.iges, 2108. 
 of judgment annulling corporation, 1803. 
 to jurors to present claims for exemption, 1094. 
 to lienors in partition suit, 1563, 1564. 
 of opportunity for examination of list of trial jurors, 
 
 1186. 
 to persons claiming right to administei', 3GGR. 
 to present claims against decedent's estate, '3718. 
 
442 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Time — Continued. 
 
 of revocation of probate, 3653. 
 of sale: 
 
 in actions relating to real property, 1678. 
 on execution, 1434. 
 on foreclosure, 1678, 2388, 2393, 3403. 
 of real property of decedent, 2772. 
 of orders: 
 
 changing name of corporation, 3415. 
 changing name of individual, 3415. 
 requiring creditors to come in and defend in action 
 for benefit of aU, 786. 
 of notices, by posting in public places: 
 of sale on execution, 1439, 1434. 
 of sale on foreclosure, 3888, 2896. 
 of appraisal of decedent's estate, 3711. 
 precept to owners of strays, 3088. 
 resolution establishing jail liberties, 148. 
 of reports and statements by corporation counsel of New- 
 York city, 1119. 
 of summons, 399, 440, 441, 638, 1670, 3165, 3170. 
 of summons in action to foreclose mechanic's lien, 3405. 
 see also Publication. 
 qualification of county treasurers, 8666. 
 
 of executors, guardians, etc., 2598, 2601, 2642, 2767. 2852. 
 see also Oaths, Etc. 
 recording deeds, 2851. 
 recording wills of real property, 2633. 
 redemption of real property, 1440, 1146, 1449, 1450, 1434, 1455, 
 
 1468, 1471, 1476-1478, 1506, 1508, 1509, 3356-2358. 
 renunciation by guardian, 2851, 2852. 
 replevin, 2930, 3931. 
 
 reports of counsel to the corporation of New York, 1119. 
 of county clerks, 2417. 
 
 of referees, 1019, 3308, 2546; see Reference. 
 of surrogate, 2501. 
 see also Reports. 
 requesting and giving admission of genuineness of paper, 735. 
 residence and citizenship, 1401. 
 retention of will by surrogate, 3635. 
 returns: 
 
 on appeal, 1315, 3053, 3071; see also Exceptions, Etc. 
 of attachment, 2907, 2915, 3996. 
 
OF CIVIL PROCEDURE. 443 
 
 [References are to Sections.] 
 
 Time — Continued. 
 
 of citations, 2707. 
 
 of drawing and service of jurors, 1089. 
 
 of executions, 597, 1366, 2435, 3025, 3027, 3039, 3040. 
 
 of fines on delinquent jurors, 1111, 1155, 1198, 1199. 
 
 of fines on officers in charge of jury, 1198, 1199. 
 
 of inventory, 2665, 2715. 
 
 by judge out of office, 25, 8054. 
 
 of jurors, by assessors in Kings county, 1135. 
 
 of order of arrest, 561, 2899, 3184. 
 
 of precept for collection of fine on juror, 1155. 
 
 of precept in proceedings for removal of tenants, 3238. 
 
 of process generally, 23. 
 
 of requisition to replevy chattels, 1715, 1716, 2923. 
 
 of sale of strays, 3091. 
 
 of service of jury notices, 1106, 3108. 
 
 of service of summons, 2885, 3084. 
 
 by sheriff out of office, 186. 
 
 of sheriff in action to foreclose lien on vessel, 3423, 3427. 
 
 of state writs, 1998, 2006, 2072, 2074, 2089, 2124, 3133, 2133. 
 
 of warrant for collection of fines and penalties, 3297. 
 sales; 
 
 of attached property, 656, 671-673. 
 
 in contemplation of insolvency, 3173. 
 
 of decedent's estates, 2673, 2717, 2750, 2751, 3762, 2772, 
 3795, 2797. 
 
 on execution, 1384, 3030, 3175, 
 
 on foreclosure, 3393, 2393. 
 
 by order of court below after appeal taken, 1310. 
 
 of perishable property, 656. 
 
 of strays and property distrained, 3091. 
 
 see also Auctions ; Sales. 
 service of jurors, 1040, 1084-1086, 1088, 1139-1131, 1146-1148. 
 
 in militia, 1030, 1081, 1127. 
 service of papers (except notices) : 
 
 admission of genuineness of paper to be offered in evi- 
 dence, 735. 
 
 affidavit that party has not received notice of non-accept- 
 ance or non-payment, 923. 
 
 bill of exceptions and amendments, 994. 
 
 certificate of authority, etc., of incoming sheriff, 184. 
 
 citations, 3517, 3519, 2520, 2522, 2534, 3585, 2833. 
 
 copy of account pleaded, 531. 
 
444 INDEX TO NEW YORK CODE 
 
 [References are to Sections. J 
 
 Time — Continued. 
 
 demand and consent to change place of trial, 986. 
 
 dispossess warrant, 2253. 
 
 by leaving at office or residence, 797. 
 
 by mail, 798. 
 
 offer of judgment and acceptance, 738, 739, 3070, 3072. 
 
 orders for examination before trial, 873. 
 
 for examination of wife of petitioner in insolvency, 
 
 2171. 
 for production of tenant for life, 2306. 
 papers on arrest, 563, 577, 3453, 3179. 
 papers on attachment, 2910. 
 precept to owner of strays, 3087, 3088. 
 precept in proceedings to dispossess tenant, 2238-2-4:^. 
 on prisoners, 131. 
 
 stipulation for reversal of judgment of justice's court, 3063. 
 subpoenas duces tecum, 867. 
 
 summons and pleadings, 418, 431, 422, 423, 437, 440, 
 441, 445; 473, 479, 520, 521, 542, 548, 566, 638, 977, 1216, 
 1670, 1778, 3081, 2877, 3878, 3883, 3910, 3933, 39C4, 2952, 
 3165, 3166, 3179, 3308. 
 on Sunday, 3015. 
 
 undertaking on appeal, 1308, 1334. 
 writ of habeas corpus, 2015. 
 see also Service op Papers. 
 surrender after affirmance on appeal of commitment for con- 
 tempt, 3579. 
 tenders and offers, 731 ; see also Offers. 
 terms for life or years, see Tenants. 
 trials, 3186. 
 
 undertaking by attaching creditor, 668, 701. 
 undertaking by claimant of attached vessel, 663. 
 verification of petition for exemption of debtor from arrest, 
 
 etc., 2189. 
 within what, justice may, issue execution, 3024. 
 when this act deemed passed, when in effect, 3355, 8o56. 
 see also Abatement and Revival; Age; Infants; Interest. 
 
 Title: 
 
 of actions in name of people, etc., 1984. 
 
 of this act, 3344. 
 
 of aliens, see Aliens. 
 
 appeal involving, to public office, 229. 
 
OF CIVIL PROCEDURE. 445 
 
 [References are to Sections.] 
 
 Title — Continued. 
 
 to real property, costs when drawn in question, 3248. 
 
 by descent, see Heiks. 
 
 expiration of, before trial, 1520. 
 
 joinder of persons claiming, 1503, 1598. 
 
 judgment, when conclusive as to, 1524, 1526, 1619, 1645, 1646; 
 
 see Bar. 
 pleading and controverting, 1537, 1543, 1639-1641, 1720, 28G3, 
 
 2951-2958, 3212, 3215, 3223. 
 persons claiming, may be made defendants in action for 
 
 dower, 1598, 1599. 
 of purchaser, at execution sale, 1440, 1479, 3030. 
 at foreclosure sale, 2395, 2400. 
 not affected by certain irregularities, 2784, 2785. 
 for value, 1409, 2469, 2777, 3030, 3058. 
 to real property when in question, justice has no jurisdiction, 
 2863. 
 answer of, in justice's court, effect, 2951-2958. 
 in justices' courts of Albany and Troy, 3223. 
 in New York district court, 3215. 
 of receiver of judgment debtor, 2468, 2469. 
 remedy for failure of, to property sold under execution, 1479- 
 
 1486. 
 searching, 961, 1561; see Searches. 
 what is necessary to maintain action for partition, 1532. 1533, 
 
 1537. 
 of third party as defence in replevin, 1723. 
 
 Titles and Headnotes: 
 
 in statutes, alteration of. Statutory Cons. Law, 34. 
 
 Title Companies: 
 
 searches by, included in costs, when, 3256. 
 
 Torts, see Injuries. 
 
 Towns: 
 
 disqualification of judges residing in, 48. 
 health laws in, proof of, 941. 
 justices of peace in, 2898. 
 actions : 
 
 against or in behalf of, 48, 1667, 1668, 1925-1931, 2805, 2992, 
 3243. 
 
446 INDEX TO NEW YORK CODE 
 
 [ Referenced are to Sections. ] 
 
 Towns — Continued. 
 
 when before town justice, 2869. 
 
 when not, 46. 
 affecting town commons, 1667. 
 
 treble damages in, 1668. 
 by taxpayer against officers, 1925. 
 by state for benefit of, 243. 
 
 rule as to costs, 3243. 
 between two towns, 2992. 
 who may be jurors, 2992. 
 town clerk: 
 
 duties as to drawing jurors, 1035, 1037, 1039, 2990, 2991. 
 papers, etc., filed or deposited with, 934. 
 books and records of justice of peace, 8144, 3146-3148. 
 jury lists, 1037, 1039. 
 
 certified copies as evidence, 934. 
 
 Transeripts: 
 
 of decrees, 2553. 
 
 as evidence, 866,933-936, 938, 939, 945, 948, 949; see E■v^DENCE. 
 of judgments, 938, 939, 948, 949, 951, 1247-1249, 1259, 1331, 1690, 
 2866, 3017-3023, 3140, 3149, 3220, 3225, 3410. 
 
 see Judgment, Etc. 
 of records : 
 
 may be certified by surrogate, 2481. 
 
 of conveyance of vessel, 945. 
 
 of issue of letters, 2666. 
 see also Certificates, Etc. ; Exemplification. 
 
 Transfer of Claim: 
 
 in justices' courts, 3150-3152. 
 action upon, by whom, 1909-1912. 
 
 Transfer of Interest: 
 
 continuation of action upon, 756. 
 does not abate action on claim, 757. 
 proceedings on, generally, 755-766. 
 
 Transportation: 
 
 parties engaged in, action against, 1945. 
 
 Traveling Fees, see Mileage, 
 
OF CIVIL PROCliDURE. 447 
 
 [References are to Sections.] 
 
 Treason: 
 
 escheat for, ejectment for lands escheated, 1977. 
 brought by attorney -general, 1977. 
 notice before, 1978. 
 
 unknown claimants as defendants, 1979. 
 effect of judgment against, 1980. 
 report by attorney-general of reco^'eries, 1981. 
 action for personal property escheated for, 1983; see 
 Escheats. 
 
 Treasurer: 
 
 of county, see County Tre.\^surer. 
 of state, see State Tkeasueer. 
 
 Treble Damages, 1020, 1184, 1668, 1669, 1901; see Damages. 
 
 Trees: 
 
 action for cutting, 1667. 
 
 complaint, contents, 1668. 
 
 evidence, 960. 
 
 treble damages, when, 1668. 
 
 Trespass: 
 
 actions for: 
 
 between co-tenants, 1666. 
 
 against persons holding over, 1664. 
 
 by reversioners, etc., 1665. 
 
 treble damages, when, 1669. 
 by animals, see Strays. 
 exemption from liability for removal of squatters, 2333, 3235, 
 
 2336. 
 see also Forcible Entry and Detainer; Real Property; 
 Trees; Waste. 
 
 Trials: 
 
 (1) general provisions : see (3), (4), infra. 
 
 where insolvent's discharge opposed, 3168, 3173, 2193. 
 
 costs on, see Costs. 
 
 in justices' courts, see Justices' Courts. 
 
 continuance of beyond term, 45; see Continuance. 
 
 deemed to continue until verdict rendered, 992. 
 
 mistakes and informalities in, see Mistakes. 
 
 new, see Exceptions, Etc. 
 
448 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 Trials — Continued. 
 
 notice of, see Notice. 
 
 place of, 37-44, 417, 2653a. 
 
 term held by whom, 239. 
 
 in proceedings for discharge of insolvency, 2167, 3168, 3170, 
 
 3171, 2193. 
 of question of sanity, drunkenness, etc., 2327-3336. 
 by i-eferees, see Eefeebnce. 
 of questions of sanity, jury, 2337, 2336. 
 
 commission, 2337-3333; see Incompetents 
 of claims to real property, 1638-1650; see Real Property. 
 of action for waste, 968. 
 
 view unnecessary, 1659. 
 adjournment of, see Adjournment, and references under 
 
 Time. 
 by arbitration, see Arbitration. 
 by appellate division: 
 
 on facts submitted, 1279-1381. 
 of mandamus, 3083-3085. 
 (2) issues: see Issues. 
 case made and settled, 997. 
 defined, 963. 
 
 when and how exceptions taken after, 994. 
 during trial, 995. 
 to ruling, reviewed, 996. 
 of law arise how, 964. 
 of fact, 964. 
 feigned, abolished, 833. 
 immaterial, need not be tried, 975. 
 joinder of, in action to foreclose mechanic's lien, 3406. 
 disposal of by trial, 965, 3407, 3435, 3431. 
 severance, 1220. 
 of law, first, 966, 979. 
 by separate trials, 967. 
 on whose order, 967. 
 new trial, see New Trials. 
 trial, by jury, when, 968. 
 of right, 970. 
 discretionary, 971. 
 in action for partition, 1544. 
 by the court, when, 969. 
 
 decision on, form of, 1023. 
 of remaining issues, 973. 
 
Oi'- CIVIL PROCEDURE. 449 
 
 [References are to Sections.] 
 Trials — Continued. 
 
 of counterclaims, 974. 
 at trial term, 976. 
 at special term, 976. 
 notice of, 977. 
 note of issue, 977. 
 of special issues in action to annul marriage, 1753. 
 
 to be prepared and settled in action for divorce, 1757. 
 on opposition to discharge of insolvent, 2168. 
 on petitions for exemption from imprisonment, 2193. 
 calendar, rules for, 978. 
 issues of law preferred, when, 979. 
 inquests, 980. 
 papers furnished to court, 981. 
 
 (3) place of trial: 
 where real estate is, 982. 
 where cause arose, 983. 
 county of residence, 984. 
 
 designated, in complaint, 984. 
 where proper county is not designated, 985. 
 change, how made, 986. 
 
 in summary proceedings in New York, 2246. 
 
 by court, when, 218, 987. 
 effect of, 988, 989. 
 of law issue, 990. 
 
 by supreme court, 218. 
 in supreme court, 991. 
 elsewhere than court-house, 37. 
 
 consent for, 37. 
 change of, for war, pestilence, etc., 38. 
 
 (4) trial without jury: 
 
 when jury not expressly provided for, 969. 
 
 issues remaining after trial by jury, 972. 
 
 at what term, 976. 
 
 in summary proceedings, 2247. 
 
 waiver of jury, 1008. 
 
 modes of, 1009. 
 decision within twenty days, 1010. 
 
 new trial. 1010. 
 reference, upon consent, 1011. 
 
 when not allowed, 1012. 
 
 without consent, when, 1013. 
 
 to report on specific issue, 1013, 1014. 
 29 
 
450 INDEX TO NEW YORK CODE 
 
 [Ueferences are to Sections.] 
 
 Trials — Continued. 
 
 to hear and report, 1015. 
 referees, oath, waiver, 721, 1016. 
 
 who eligible, 1024. 
 
 powers, 1018. 
 
 report, when, 1019. 
 
 when must specify damages, 1020. 
 judgment upon, 1238. 
 
 witnesses before, 1017. 
 
 several, 1025. 
 
 proceedings regulated in such case, 1026. 
 election to end, 1019. 
 
 effect of, 1019. 
 on demurrers, judgment, 1021. 
 costs, award of, 1022. 
 see Reference. 
 
 (5) injustices' courts, 2988-3009; see Justices, Etc. 
 
 (6) trial jurors in New York county: 
 application of code, 1034, 1062, 1078. 
 who qualified, 1029, 1034, 1079. 
 who deemed resident. 1O80. 
 
 who exempt, 1081. 
 
 evidence of right to exemption, 1083. 
 
 certification by military officers of persons performing mili- 
 tary duty, 1083. 
 jury year, when begins, 1084. 
 annual service, required, 1084. 
 
 allowed, 1084. 
 excusing by judge, 1085, 1086. 
 
 temporarily, 1085. 
 
 to day certain, 1085. 
 excuse, how made, 1086. 
 clerk's certificate to commissioner, 1087. 
 
 of juror's attendance, 1088. 
 excuses, 1089. 
 fines, 1089. 
 
 penalty for neglect, 1089. 
 commissioner of jurors, powers, and duties, 1090. 
 
 fees, 1090. 
 
 assistant, 1091. 
 
 aid to be given by public officers, 1092. 
 
 rooms, 1093. 
 
 preparing lists, 1094. 
 
OF CIVIL PROCEDURE. 45 1 
 
 [References are to Sections.] 
 
 Trials — Continued. 
 
 deciding exemptions, 1094, 1095. 
 return lists to county clerk, 1096. 
 old and new ballots. 1097. 
 notice to jurors drawn, 1100. 
 to receive fines, 1118. 
 accounts of, 1118. 
 drawing for each term, 1098. 
 number, how fixed, 1098. 
 time for, 1098. 
 who to attend, 1099. 
 notice of, 1100. 
 adjournments, 1101, 1102. 
 how conducted, 1103. 
 for separate parts, 1104. 
 
 new panel, court may order, 1108. 
 to serve notice upon, 1105, 1106. 
 his return thereon, 1106. 
 clerk's certificate, 1107. 
 
 penalty for neglecting, 1107. 
 fines, for non-attendance, 1109. 
 remission, 1109, 1113. 
 arrest, 1110. 
 enforcing, 1113, 1117. 
 v.'ho to receive, 1118. 
 corporation counsel's duty, 1119. 
 compromise for, 1119. 
 uncollected, docketing, enforcement, 1117. 
 for district courts, selection, 1111. 
 fine for non-attendance, 1111. 
 clerk's and judge's duty, 1111. 
 penalty, 1111. 
 sheriff's jury, selection, 1113. 
 offenses relating to: 
 
 doctor's false certificate, 1130. 
 refusing information, 1121. 
 bribery of ofiicers, 1132. 
 accepting bribes, 1123. 
 concealment of, 1134. 
 false affidavits, etc., 1125. 
 perjury, when, 1125. 
 (7) trial Jurors in Kings county : 
 application of code, 1034, 1062, 1078. 
 
452 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Trials — Co)Uinued. 
 foreign, 1070, 1071. 
 who qualified, 1039, 1034, 1126. 
 who exempt, 1127. 
 
 evidence of, 1128. 
 length of service, 1129. 
 excusing by court, 1130. 
 clerk's certificate to commissioner, 1131. 
 
 of attendance, 1131. 
 
 of excuses, fines, 1131. 
 commissioner of jurors, powers, 1132. 
 
 fees and fines, accounting, 1133. 
 
 rooms for, 1 134. 
 
 rule of selection, 1135. 
 
 lists, publishing, 1136, 1137. 
 supplemental, 1138. 
 
 preparing ballots, 1139. 
 
 collecting fines, 1155. 
 
 return of unpaid, 1155. 
 
 report to supervisors, 1162. 
 
 to notify officers to attend drawing, 1140. 
 drawing number, 1143. 
 
 by whom, 1142. 
 
 preliminaries, 1141. 
 
 how conducted, 1141-1144. 
 
 certificate, 1143. 
 
 sealing boxes, 1143. 
 
 subsequent, 1144. 
 
 proceedings when first box exhausted, 1145. 
 
 panel transmitted to sheriff, 1146. 
 sheriff to notify jurors, 1146. 
 days, excusing and changing, notification, 1147. 
 copy and return filed, 1148. 
 
 of new panel, 1149. 
 
 for special proceedings, 1150. 
 
 judges' compensation for, 1151. 
 fines for non-attendance, 1152. 
 
 to serve notice on, 1154. 
 
 commissioner's return, 1155. 
 
 arrest also, 1153. 
 
 remission, board of, 1154. 
 
 enforcing, as judgment, 1155. 
 
 docketing, lien of, 1156. 
 
OF CIVIL PROCEDURE. 453 
 
 [References are to Sections.] 
 
 Trials — Continued. 
 
 discharging, 1157 
 offenses relating to: 
 
 omissions from panel, 1158. 
 
 bribery, 1158. 
 
 other misconduct, 1159. 
 
 false information, 1160. 
 
 suppressing notices, 1160. 
 
 doctor's false certificate, 1161. 
 (8) trial jurors in other counties : 
 application of code, as to criminal cases, 3350. 
 
 as to fines, 3351. 
 who qualified, 1037, 1038. 
 certain officers disqualified, 1039. 
 who exempt, 1030. 
 evidence of exemption, 1031. 
 when to be discharged, 1032. 
 when excused, 1038. 
 application of foregoing sections, 1034, 
 lists of, 1035. 
 
 how prepared, 1036. 
 
 duplicates, 1037. 
 
 in Utica and Albany, 1041. 
 preparing ballots, 1038. 
 
 old and new, 1039. 
 three years' service, 1040. 
 defined, 3343, sub'd 19. 
 drawing, number to be drawn, 1043. 
 
 notice of, 1043. 
 
 who to attend, 1044-1046. 
 
 how conducted, 1047. 
 
 additional, 1056-1059. 
 
 in county court, 357. 
 
 what judge may order additional jurors, 1056. 
 proceedings thereupon, 1057. 
 for what courts, 1058. 
 sheriff to serve notice on, 1048, 1055. 
 
 time and manner, 1048, 1055. 
 
 return, 1048, 1055. 
 jury lists for applicants, 1049. 
 names of jurors who have served to be kept separate, 1050. 
 
 when such names to be drawn again, 1051. 
 three ballot boxes, use of, 1053. 
 
454 INDEX TO NEW YORK CODE 
 
 ^References are to Sections.] 
 
 Trials — Continued. 
 
 when jurors to be drawn from third box, 1054. 
 notification, 1055. 
 
 when old ballots to be destroyed, 1053. 
 order for attendance, 1060. 
 
 service of, 1060. 
 powers of deputy clerk, 1061. 
 fines for non-attendance, 1073. 
 how and when imposed, 1073. 
 order to show cause, 1073-1075. 
 default at trial term, 1074. 
 proceedings on, 1076. 
 discontinuance, 1077. 
 
 (9) verdict: 
 
 jury failing to arrive at, may be discharged, 1181. 
 plaintiff's presence unnecessary, 1183. 
 ■when non-suit excluded, 1183. 
 damages, when assessed, 1183. 
 
 double or treble, 1184. 
 subject to court's opinion, 1185. 
 
 setting verdict aside, 1185. 
 general and special, defined, 1186. 
 when either discretionary, 1187. 
 special, when directed, 1187. 
 
 controls general, 1188. 
 entry of, how made, 1189. 
 
 judgment on, 1189. 
 jury not liable for, 1193. 
 in surrogate's court, 3548. 
 
 (10) forming the jury in court : 
 attendance at adjourned terms, 34. 
 box and ballots, 1163. 
 
 by whom drawn, 1164. 
 mode of drawing, 1165. 
 how disqualified, 1166. 
 objections to, 1166. 
 
 ballots drawn, when to be deposited in a second box, 1167. 
 when to be returned to first box, 1168. 
 absentees, 1169. 
 
 new jury may be drawn while first empaneled, 1170. 
 talesmen, from bystanders, 1171. 
 
 counties excepted, 1172. 
 
 sheriff's duty, 1174. 
 
OF CIVIL PROCEDURE. 455 
 
 [References are to Sections.] 
 
 Trials — Continued. 
 
 talesiuen, if sheriff a party, 1173. 
 
 jury may contain part or none of original panel, 1175. 
 
 challenges, peremptory, 1176. 
 
 invalid, grounds of, 1177, 1178. 
 
 in penal actions, 1179. 
 
 to a juror, 1180. 
 
 to the panel 1180. 
 
 how tried, 1180. 
 
 how reviewed, 1180. 
 discharge for disagreement, 1181. 
 jury of part aliens abolished, 1 190. 
 can be drawn onl}- in usual way, 1191. 
 juror's forfeit and penalty, for taking gift, 1193. 
 
 for embracery, 1194. 
 juror not to be questioned for verdict, 1192. 
 in special proceedings, 1195. 
 
 penalty for non-attendance, 1195. 
 
 sheriff to keep jury, 1196. 
 
 notice of fines, 1197. 
 
 return of delinquency, 1198. 
 
 collection or remission, 1199. 
 in surrogates' courts, 3.547. 
 
 reviewed, 2548. 
 fees of. in general, 3313. 
 
 additional, 3814. 
 
 for protracted trials, 3315. 
 
 in special proceedings. 3316. 
 
 in justice's court, 3326. 
 (11) struck and foreign juries : 
 struck, when ordered, 1063. 
 
 striking, notice of, 1064. 
 mode of, 1065. 
 
 sheriff to notify, 1066. 
 
 formation of, 1067. 
 
 if officers interested, 1068. 
 
 expenses, how paid, 1069, 
 foreign, order for, 1070, 
 
 in any county, 1 070. 
 
 number, 1071. 
 
 how drawn, 1071. 
 
 notice to, 1071. 
 
456 INDEX TO NEW YORK CODE 
 
 [Refereuces are to Sections.] 
 
 Trials — Continued. 
 
 (1%) tricUs in particular actions and proceedings: 
 of controverey upon agreed facts, 1281. 
 in action for partition, 1544. 
 
 for waste, view of property, 1659. 
 to determine claim to real property, 1642. 
 to annul marriage, 1 753. 
 for a divorce, 1757. 
 
 to annul corporation, to be by jury. 19.10. 
 to vacate letters patent, to be by jury, 1958. 
 of issue of fact in mandamus, 2083. 
 
 of law in mandamus granted by appellate division, 
 2085. 
 by jury on assessment of damages, 2109-21 11. 
 of issues upon application for discharge of insolvent, 2167, 
 3168. 
 upon application for discharge from imprisonment, 
 2193. 
 in summary proceedings, 2347-22.')0. 
 upon application for committee of lunatic, 2330. 2381, 2334, 
 
 2835. 
 on arbitration, 2368. 
 on proceedings for voluntary dissolution of corporation, 
 
 2426. 
 costs upon postponement of, 3355. 
 in surrogates' courts, 2547, 2548, 2588, 2739, 2811. 2810. 
 Bee also Actions; Appeals; Appearance; Courts; Damages; 
 Evidence; Judges; Judgment, Etc.; Jury, Etc.; Plead- 
 ings; Special Proceedings, and under the head of the 
 different courts and actions. 
 
 Troy, City of: 
 
 justices' court of: 
 
 not a court of record, 8. 
 
 jurisdiction, 4, 3223-3225a. 
 
 provisions applicable to, 8207-3214; see Albany, City op. 
 
 summary proceedings in, 2284. 
 
 Trust, see Trusts, Etc. 
 
 Trust Companies: 
 
 deposits with, in judicial proceedings: 
 in attachment, 675. 
 generaUy, 746, 750-753. 
 
OF CIVIL PROCEDURE. 457 
 
 [References are to Sections.] 
 
 Trust Companies — Continued. 
 
 by temporary administrator, 2678. 
 
 of securities to reduce penalty of bond, 2595. 
 
 excepted from certain provisions, 2430. 
 as general guardian, 2852. 
 investments with, 746. 
 
 Trusts and Trustees: 
 
 (1) miscellaneous provisions : 
 against public policy, 1948. 
 
 property held in trust, cannot be reached in creditor's action, 
 
 1879, 2463. 
 for judgment debtors, 1371, 1431, 2463. 
 persons holding over after termination of, 1664. 
 
 (2) trustees ; general provisions : 
 accounting by at instance of sureties, 813. 
 
 of convict's property, 2319-2230; see Cbiminals' Property. 
 actions and proceedings by or against, see Actions (7). 
 appeal in, security may be limited, 1312. 
 when no order of arrest to issue, 555. 
 no abatement by removal or death of, 766, 1828. 
 action by to recover costs against trust estate, 1916. 
 
 by or against certain public officers, 1926-1931. 
 qualification, 1938. 
 
 designation in summons, 1929. 
 
 substitution of successor, 1 930. 
 
 when execution not to issue, 1931. 
 costs in, 2563, 356:^, 3246. 
 
 security for, 3371. 
 to be in own name, 449. 
 on bond, 3607, 2609. 
 
 taken in trustee's name, 749. 
 
 by successor, 2608. 
 limitations in actions against, 383. 
 when a demand must precede action, 410. 
 for holding over, 1664, 
 in justice's court, 3865, 3945. 
 
 certain provisions as to, in summary proceedings, 2354. 
 for production of tenant for life, 3303. 
 bonds of, as public officer, 812, 1890. 
 leave to prosecute, 1890. 
 notice, 1892. 
 on appeals from order relating to strays, 3106. 
 
458 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Trusts and Trustees — Continued. 
 
 execution against property in hands of, 1371, 1431. 
 
 property, when exempt from, 1879, 2463. 
 reference to appoint, 837. 
 security on appeal, 1312. 
 executors, etc. , when deemed, 1838. 
 as trespasser for holding over, 1664. 
 
 actions against, 1664. 
 stock held by, 745, 749, 750. 
 deposits of money by, 2595. 
 of express trusts, 449, 3346, 3271. 
 
 of insolvent debtors, 383, 1368, 3159; see also Insolvency. 
 to sell real property, 1838. 
 (3) testamentary trustees : 
 jurisdiction of surrogates' courts over, 3473-3483; see Sueeo 
 
 GATES, Etc. 
 accounting, intermediate, 3803. 
 
 voluntary, 2802. 
 
 compulsory, 2803. 
 
 petition, citation, 2804. 
 
 successor of deceased, 2606. 
 
 trustee's answer, 3805. 
 
 supplementary citation, 3806. 
 judicial settlements, cases for, 2807. 
 
 petition, by whom, 3808. 
 
 proceedings upon return of, 3809. 
 by trustee, when, 2810. 
 
 statutes applicable, 3811. 
 
 settling controversies, 3812. 
 
 decree, effect of, 2813. 
 
 resignation thereon, 2814. 
 resignation, petition, 2814. 
 
 accounting, 2814. 
 
 decree, 2814. 
 
 surrogate's discretion, 2814. 
 security from, petition, 2815. 
 
 facts for, 2815. 
 
 citation, 2815. 
 
 decrees, 2815. 
 
 like executor's bond, 2816. 
 removal, grounds for, 2817. 
 
 continuance as executor, 2819. 
 exceptions to, 2819. 
 
OF CIVIL PROCEDURE. 459 
 
 [References are to SectioDS,] 
 
 Trusts and Trustees — Continued. 
 successor, when appointed, 2818. 
 
 how to qualify, 3818. 
 application of code provisions, 3830. 
 additional costs to, 3562-3565. 
 decree revoking letters, effect on powers as testamentary 
 
 trustee, 3688. 
 surrogate disqualified, when, 3495, 3496. 
 
 when objection to be taken, 3497. 
 defined, 3514, sub'd 6. 
 
 decree or order directed to, when evidence of assets, 2553. 
 punishment for contempt, 2555. 
 appeals by, 3578-2581. 
 effect of decree suspending, 3583. 
 general provision as to letters, 3590-3610. 
 see Surrogates, Etc. 
 
 Two-Thirds: 
 
 two-thirds act, 3149-2187; see Insolvency. 
 
 Typewriting: 
 
 size and quality of paper used for, 796; see STKNoaKAPHEES. 
 
 Umpire: 
 
 appointment of, in arbitration, 2367. 
 
 Unappropriated State Lands: 
 
 lands covered by letters patent which have been vacated, 
 deemed, 1959. 
 
 Unauthorized Executor and Administrator: 
 
 liability of, 2706. 
 see Executors, Etc. 
 
 Uncertain Denials or Allegations: 
 
 in pleadings, remedy, 546. 
 see Pleadings. 
 
 Un chastity: 
 
 imputation of, damages for, 1906. 
 damages are separate property, 1906. 
 
 Uncle, see Relationship. 
 
460 INDEX TO NEW YORK CODE 
 
 [References are to Sectiona. J 
 
 Undep-Sheriff: 
 
 hot to practice as an attorney , 63. 
 not to buy at execution sale, 1387, 1476. 
 when to act, 189, 1475. 
 see also Sheriff. 
 
 Undertakers, see Burial. 
 
 Undertakings: 
 
 defined. Statutory Cons. Law, 16. 
 
 when deemed sufficient, 729. 
 
 amending, 730. 
 
 actions upon, 791, 1437, 8438. 
 
 must be acknowledged, 810. 
 
 for alimony and support, 1772. 
 
 for costs, generally, 8275, 3377, 3379, 8368-3379; see Costs (9). 
 
 in New York city court, 3161. 
 for jail liberties, 150, 160; see Jails. 
 for releasing partnership execution, 1414, 1416. 
 for restitution, 1316, 1317, 1584, 1616, 1827. 
 by debtor in supplementary proceedings, 3255, 2440. 
 by people, etc., none, 1813, 1314, 1918, 1990. 
 by lienor in action to foreclose lien on chattel, 3421. 
 by person withholding decedent's assets, 2709, 2710. 
 by plaintiff on lost note, 1917, 1918. 
 by relator, 1986, 1990. 
 by tenant holding over, 2254, 2255. 
 
 in contempt proceedings, 2275, 3377, 2279; see Contempt. 
 in justices' courts, 3863, 3896, 8908, 3911, 3913, 2930, 2924^3927, 
 2952, 2954, 2955, 3957, 3958, 3961, 3963, 3965, 3050-;i053, 3069, 
 3095, 3105, 3106; see Justiobs' Courts. 
 
 of Albany and Troy, 8312, 3315. 
 in New York district courts, 3313, 3315, 3319. 
 in New York city court, see Courts (11) (b). 
 in replevin suits, 1699, 1704; see Chattels. 
 in surrogate's court: 
 
 on application for letters, 2638. 
 
 by public administrator, 3669. 
 
 by temporary administrator, 3670. 
 
 by administrator, 3664. 
 
 by testamentary trustee, 2815. 
 
 by guardian, 3839, 3831, 3853. 
 
 see Surrogates, Etc. 
 
 actions on, as preferred causes, 791. 
 
OF CIVIL PROCEDURE. 461 
 
 [References are to Sections. 1 
 
 Undertakings — Continued. 
 
 on appeals in general, 1356, 1297, 1305-1814, 1333, 1326-1339, 
 • 1331-1335, 1341, 1343, 1351, 1353, 1360, 3050. 
 
 from writ of prohibition order, 3101. 
 
 from summary proceedings order, 2361, 2263, 3365. 
 
 from surrogates' courts, 3575, 3577-3581. 
 
 see Appeals. 
 on arrests, 559, 560, 562; see Areest. 
 
 in marine causes, 3177, 3219. 
 
 in New Yorls district courts, 3319. 
 on attachment, see Attachment. 
 
 in justices' courts, 3911, 3914. 
 in actions for replevin, 1694, 1699, 1700, 1703-1706, 1708, 1709, 
 1711, 1713, 1733-1736. 
 
 see also Actions; Chattels. 
 in action on lost note, 1917. 
 of bail, 567, 573-601. 
 in marine causes, 3177, 3180-3183. 
 on decree for advance of legacy, 3721. 
 on discharge of lien on vessel, 3436, 3437, 3441. 
 on execution against executor, etc., 1827. 
 on habeas corpus, 2000, 3002. 
 on injunctions, 611-625, 639, 3433. 
 
 in supplementary proceedings, 3451. 
 
 see also Injunctions. 
 on opening default, 3138. 
 on stay, pending certiorari, 2131. 
 to discharge lis pendens, 1674. 
 
 to obtain release of partnership property, 694-696, 1414, 1416. 
 indemnifying officer making levy, 1419-1427. 
 
 notice before suing, 1427. 
 on appointing receiver, 715. 
 acknowledgment of, 810. 
 action on as preferred cause, 791. 
 
 who may prosecute, 814. 
 
 leave for, when required, 814. 
 approval of, by court, etc., 812. 
 
 reference for, 837. 
 deposits to reduce, 2595. 
 effect on, of changing original party, 815. 
 execution of, party need not join, 811. 
 
 when one surety sufficient, 811. 
 filing and recording of, 816. 
 
462 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Undertakings — Continued. 
 
 form of, joint and several, 812. 
 affidavit of sureties, 812. 
 mistakes in, amending, 729, 730. 
 sureties to, qualifications of, 812. 
 
 justification by several, 813. 
 
 fidelity or surety company as, 811. 
 
 vchen one is sufficient, 811. 
 suspending lien on appeal, 1256. 
 see also Bonds ; Recognizances ; Security ; Stay : Surety. 
 
 Undivided Interest: 
 
 sale of, in real property, 3764. 
 
 Uniform: 
 
 when exempt from execution, 1398. 
 
 Unincorporated Associations, see Joint-Stock Associations. 
 
 Union University: 
 
 law department of, .'58. 
 
 United States: 
 
 actions by or against citizens of countries at war with, limita- 
 tions as to, 404. 
 condemnation of land for, 2119. 
 assessment of damages, on taking land by, 2119. 
 chattels taken under laws of, not to be replevied, 1690, 2919. 
 corporations under laws of, 3343, sub'd 18. 
 courts of, records of, in evidence, 943. 
 
 habeas corpus and certiorari not allowed to persons 
 detained under mandate of, 2016, 2032, 2034. 
 
 suits by state in, 1971. 
 debts, owing to, 2184, 2218. 
 
 preferred by laws of, 2719. 
 depositions taken without, 912. 
 grants by, when exempt from execution, 1398. 
 pay and bounty exempt from execution, 1893. 
 pensions for service for, 2501. 
 
 exempt from execution, 1393. 
 prisoners, 133, 134. 
 residence in, see Aliens; Residence. 
 
 records of departments, etc., of, when evidence, 943-946, 958.. 
 signal service, record of, in evidence, 944. 
 
OF CIVIL PROCEDURE. 463 
 
 [References are to Sections.] 
 
 United States — Continued. 
 
 conveyances and exemplifications thereof in other states of, 
 
 946, 947. 
 service of citations within or without, 2525. 
 taxes imposed by, property taken for cannot be replevied, 
 
 1690, 2919. 
 territories of, see Tbkritoeies 
 
 actions in, by people of state, 1971. 
 transfers forbidden by laws of, 1910. 
 
 Universities: 
 
 state university, see Regents, Etc. ; see also Colleges. 
 exemptions of graduates from law schools of certain, 58. 
 
 Unknown Parties: 
 
 service of summons upon, 438. 
 
 legacy for, to be paid into state treasury, 2747, 2748. 
 
 how obtained, 2747. 
 designation of, in summons, 451, 2884. 
 in action for property escheated, 1979, 1980. 
 in partition. 1541, 1542, 1559, 1572, 1582, 1587. 
 citations to, 2518, 2523-2525; see also Names; Parties. 
 
 Unoccupied Lands: 
 
 evidence in action for injury to, 960. 
 
 Unreported Decision: 
 
 delivery to reporter, 214. 
 
 " Upon the Return of a Citation: " 
 
 defined, 2514, sub'd 10. 
 
 Uses, see Trusts. 
 
 Usurpation: 
 
 of office or franchise, 1948-1956, 1986; see Actions (7). 
 costs, 1987. 
 
 Usury, 1911. 
 see Interest. 
 
 Utiea, Citt of. 
 jurors in, 1041. 
 
 recorder's court of, 3, 4, 3196-8202. 
 see Hudson, City op. 
 
464 INDEX TO NEW YORK CODE 
 
 [References ure to Sectlonfl.] 
 
 Vacancy: 
 
 no discontinuance because of, 25. 
 at appellate division , 220. 
 see Removal ; Resignation. 
 
 Vacating: 
 
 order of arrest, 567. 
 
 application for, 567. 
 attachment, motion for, 683, 3916. 
 award of arbitrators, 2374. 
 order of injunction, 626. 
 
 application for, without notice, 636. 
 motion when to be decided, 719. 
 for irregularity, 1382. 
 for error in fact, 1883. 
 after party's death, 1384. 
 by person not party, 1285. 
 when several entitled, 1286. 
 notice to whom, 1387. 
 
 when to occupant of real property, 1288. 
 within what time, 1390. 
 
 exception in case of disability, 1291. 
 how given, 1289. 
 Valuation: 
 
 of attached property, 660-663, 666-668. 
 see also Inventory. 
 
 Variance: 
 
 between pleadings and proof: 
 
 in civil cases, when immaterial, 539-541. 
 
 amendments, 721, 733. 
 cured by verdict, 721. 
 
 in justices' courts, 3943. 
 
 Venire, 1191; see Jury, Etc. 
 Venue, see Trials. 
 
 Verdict: 
 
 in action for chattel, 1736-1728, 2931. 
 
 relating to real property, 1507, 1519, 1520, 1643. 
 in action to determine validity of a will, 3658a. 
 assessment of damages by, 1183, 1184; see also Damages. 
 certified on new trial, 2548. 
 
OF CIVIL PROCEDURE. 465 
 
 [References are to Sections.] 
 
 jrdiet — Continued. 
 
 contrary to law or evidence, 999. 
 damages to be fixed by, 1183, 1184. 
 death of party, after,' 763, 764. 
 
 before, 765. 
 defects cured by, 721. 
 discharge of jury without. 1181. 
 entry and delivery, 1189. 
 
 may be received on Sunday, 6. 
 
 plaintiff need not be present, 1183, 8007. 
 
 by justice of peace, 3140. 
 fixing value of animals seized, 3096. 
 genei-al and special defined, 1186. 
 in justice's court, 3007, 3008, 3014, 3016. 
 jury not to be liable for, 1192. 
 motion to set aside, 999, 1000, 1185. 
 no non-suit after jury return, 1183. 
 remitting part of, 3016, 3176. 
 in replevin, 1726-1728. 
 special, 1186-1188, 1233. 
 
 subject to opinion of court, 1185, 1331, 1334, 1339. 
 to be part of judgment roll, 1237, 
 procedure subsequent to, 1189. 
 see also Damages; Jury, Etc.; Trials (9). 
 
 Verifleation: 
 
 in general, see Oaths, Etc. ; Pleadings. 
 in condemnation proceedings, 3366. 
 of documents to be used as evidence, 931. 
 of pleadings, etc., 513, 523-529, 980, 1757, 3533, 3534, 3404. 
 answer in injunction, 630. 
 how and by whom, 535. 
 form, 526. 
 in action to charge defendants not personallv summoned, 
 
 1938. 
 not required in mandamus, 3080. 
 in proceedings for sale of real property, 3391. 
 of petitions, etc., in surrogates' courts, 3223, 2662, 2707,2709, 
 
 3728. 
 of petitions in summary proceedings, 3335, 3344. 
 of petition for change of name, 3412, 
 
 of claim to surplus in action to foreclose lien on vessel, 3439, 
 3430. 
 
 30 
 
466 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Vessels: 
 
 assignment or hypothecation of, 945. 
 attachment of, 660-673, 693, 698-702, 705, 708. 
 
 of goods on, 652, 653. 
 bill of sale, 945. 
 
 enforcement of lien on, 3419-3441; see Mechanics' Liens. 
 employees, -syhen exempt as jurors, 1030, 1081, 1127. 
 masters of, when exempt from jury duty 1030, 1081, 1127. 
 
 Vested Rights: 
 
 effect of code upon, 3352. 
 
 Vexatious Litigation: 
 
 prohibited, 1900. 
 damages, 1901. 
 
 View: 
 
 in action for waste, 1659. 
 in condemnation cases, 3370. 
 sheriff's fees upon, 3307, sub'd 15. 
 contempt in view of court, 10. 
 see also Jury, Etc. 
 
 Villages: 
 
 miscellaneous provisions; 
 
 defined, Statutory Cons. Law, 32. 
 
 school-house in, posting notice on, 3088. 
 
 proof of ordinances of, 941. 
 
 condemnation proceedings in, 3383. 
 
 removal of tenants in. 2234; see Summary Peoceedinos. 
 
 strays in, 3084, 3085, 3088: see Justices' Courts, (13). 
 
 actions against officers of, to prevent waste, 1925. 
 
 for misconduct of, 1925. 
 actions by or against: 
 
 certain officers of, 1925-1931, see Actions (5). 
 by, against trespassers, 1667. 
 
 treble damages in, 1668. 
 
 costs in, 3242, 3245. 
 firemen in, exempt from jury, 1030, 1081, 1127. 
 animals straying on highways, streets and bridges of, 3084, 
 3085, 3088; see Strays. 
 
 Violence, see Assault ; Duress. 
 
 Visitation: 
 
 of corporations, 178i; see also Examination; Reports. 
 
OF CIVIL PROCEDURE. 467 
 
 [References are to Sections.] 
 
 Vital Statistics: 
 
 effect as evidence, 938. 
 
 Void: 
 
 assignments and conveyances, see Fraudulent Assignments. 
 
 discharge in insolvency, 3186. 
 
 mandates, 3135. 
 
 purchases by guardians, etc., 1679. 
 
 Voluntary Appearance: 
 
 effect of, 434; see Appearance. 
 
 Voluntary Assignments, see Assignments for Benefit of 
 Ceeditors. 
 
 Voluntary Dissolution: 
 
 of corporations, 716, 3419-3431; see Cokporations. 
 
 Votes, see Majority; Quorum. 
 
 Vouchers: 
 
 for debts, etc., of decedents, 3718, 3768, 3759. 
 of executors and administrators, 3735, 3739, 3734. 
 of guardians, 3850. 
 
 transfer of, by county treasurer, trustee, etc., 749. 
 of trustees, 3811. 
 
 see also Accounts, Etc. ; Receipt. 
 Wafer: 
 
 used as seal. Statutory Cons. Law, 18. 
 
 Wages: 
 
 when exempt from execution, 1879, 3463. 
 
 costs in action by working woman for, 3181, 8323. 
 
 enforcement of certain judgments for, 3231. 
 
 Waiver: 
 
 of lien by failure to set up in answer, 8403. 
 by appearance, 434. 
 of objection, 499. 
 of referee's oath, 1016. 
 of security on appeal, 1805. 
 
 as to residence of commissioners, in condemnation proceed- 
 ings, 3369. 
 of jury, 1008, 1009. 
 
 of non-joinder of municipal officers, 1939. 
 of service of citation, 3538. 
 see also Election (of Eights and Remedies). 
 
468 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 War: 
 
 courts where held during, 38, 39, 41, 42. 
 effect of, on limitations, 404; see Militia. 
 
 Ward, see Guardiajj and Ward. 
 
 Warrants: 
 of aiTest: 
 
 for failure to obey subpoena, 855. 
 to whom directed: 
 
 in justices' courts, 3975. 
 in certain local courts, 3201. 
 to bring up prisoner about being removed, 2054-2056. 
 for person having custody of prisoner, 2055. 
 by justices of peace for person guUty of contempt, 2873. 
 in supplementary proceedings, 2437-2440. 
 
 service of, 2453. 
 see also Arrest. 
 of attachment, see Attachment; Contempt. 
 for collection of fines, etc., 1690, 2293-2301; see also Fixes, Etc. 
 for collection of taxes, 1690. 
 of commitment, 184, 856-858, 3368, 2285, 2874, 3001, 3002; see 
 
 also Commitment. 
 dispossess, 2251-2254, 2261, 2262, 2265. 
 formal requisites of, 857, 858; see Forms. 
 in action to foreclose liens on vessel, 3422-3424, 3429. 3435- 
 
 3437, 3440, 3441; see Mechanics' Liens. 
 neglect to execute or return, for fines, 2300 
 for return of strays seized, 3096. 
 for sale of strays, 3091. 
 
 application for, in action to foreclose lien on vessel, 3430. 
 to seize chattel on foreclosure, 1738, 1740. 
 to seize property of decedent, 2710. 
 
 see also Mandate; Precept; Process; Provisional Reme- 
 dies; Writs. 
 
 Washington's Birthday, see Holidays. 
 
 Waste: 
 
 damages for, included in damages on vacating injunction 
 
 order in ejectment or dower, 617. 
 on land sold under execution, 1441-1445. 
 on property, of incompetent person, 2321, 2348. 
 of intestate, 2665. 
 
or CIVIL PROCEDURE. 469 
 
 [References are to Sections. J 
 
 Waste — Continued. 
 
 of public moneys, 1935. 
 
 during stay of proceedings, damages for, 617. 
 during pending action, order to restrain, 1681. 
 action for, against whom lies, 1651. 
 by heir or devisee, 1652. 
 by grantor of reversion, 1653. 
 by vcard against guardian, 1653. 
 by grantee under execution, 1654. 
 against tenant of particular estate, 1655. 
 
 treble damages in, 1655. 
 between co-tenants, 1656. 
 joint tenants, 1656. 
 tenants in common, 1656. 
 treble damages in, 1656. 
 partition in, 1657. 
 
 damages adjusted, 1658. 
 jury trial in, 968. 
 place of trial, 982. 
 view of property in, 1659. 
 when and how, 1659. 
 when not necessary, 1659. 
 injunctions against, 1442, 1681. 
 see also Real Property; Trespass. 
 
 Water Rate: 
 
 payment in dovFer, foreclosure, etc., 1676. 
 
 Wax: 
 
 used as seal, Statutory Cons. Law, 13. 
 
 Wearing Apparel: 
 
 exempt from execution, 1390. 
 
 Weather Service: 
 
 records of, as evidence, 944. 
 
 Westchester County: 
 jurors in, 1171. 
 
 process of New York city court to, 338, 3171. 
 excepted from certain provisions as to jurors, 1171, 1173. 
 sheriff's fees in, 3307. 
 stenographers for courts in, 356-358, 358. 
 Youkers city court's jurisdiction in, 3304, 3305. 
 see also Couxties; Yonkers. 
 
470 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Widow: 
 
 dower of, 2713, 3724, 2732, 3734; see also DOWEE. 
 see also Husband and Wife; Women. 
 
 Widower: 
 
 see Husband and Wipe. 
 
 Wife, see Husband and Wife ; Marriage ; Married Woman ; 
 
 Women. 
 
 Wilful Injuries, see Injuries. 
 
 Wills: 
 
 (1) general and miscellaneous provisions: 
 acknowledgment of, for use in evidence, 937. 
 apportionment of rents, etc. , passing under, see Apportion- 
 ment. 
 certified copies of, when to be transmitted to secretary of 
 
 state, 2503. 
 oliild born after malting, 1868, 2727. 
 codicil included in, 2514, sub'd 4. 
 construction of, 791. 
 
 action for, by receiver, 1869. 
 contested : 
 
 additional allowance in, 3253. 
 
 competency of witnesses, 836. 
 
 payment of stenographer's or referee's fees after, 3672. 
 
 powers of temporary administrator appointed because of, 
 2675. 
 limitations upon actions, 383. 
 action on, preferred, 791. 
 defined, 2514, sub"d 4. 
 
 no discharge of debts by naming creditor as executor, 2714. 
 disposal of rights of action by, 2008. 
 equitable conversion by, 3793. 
 foreign, wliat law governs, 3694, 3695. 
 
 administration, etc., on, 2697-2704. 
 
 probate on, see (5), infra. 
 fees of witness, 2566. 
 
 guardians appointed by, 2851-3860; see Guardian and Ward. 
 award of jury trial after reversal in probate cases, 3588. 
 lost, finding after administration, 2604. 
 
 limitation in case of, 382, 2604. 
 proof of non-existence of, 2662, 2665. 
 
OF CIVIL PROCEDURE. 47I 
 
 [References are to Sections.] 
 
 Wills — Continued. 
 
 real property, when not to be conveyed, 3357. 
 revocation of, effect on certain liabilities, 2604. 
 specific compensation in, to executor, etc., 3730. 
 action by witness, 1868. 
 
 trustees under, see Real Property; Trusts, Etc. 
 change of residence not to allect validity, 2613. 
 validity and effect of, by what law determined, 3694. 
 (3) of real property ; devises : 
 provisions as to, 2694, 2708; see Tenants. 
 in execution of powers, see Powers. 
 executory, partition under, 1542. 
 disposition of property for debts, 2750. 
 
 proof of debt, decree for, 2756, 2759. 
 when purchaser from heir protected notwithstanding devise, 
 
 3628. 
 see Executors, Etc., (13). 
 of particular estates, see Real Property Law. 
 void, allegation of, in partition, 1537. 
 
 (3) of personal property; bequests: 
 bequests, abatement of, 1826-1828. 
 
 actions for, 1819-1831, 1833-1837. 
 payment of, see Executors, Etc. (13). 
 
 surrogate's decree for, 3473, 3553-3555, 3578, 3583. 
 
 under provisional letters, 2583. 
 
 (4) action to establish or impeach : 
 in what cases, 1861. 
 
 by person interested, 1861. 
 
 judgment, effect on construction, 1863. 
 
 admitting to probate, 1863. 
 
 what to be incorporated in, 1864. 
 to establish lost, proof required, 1865. 
 relating to realty, 1866. 
 application to former wills, 1867. 
 by subsequent chUd, 1868. 
 by witness, 1868. 
 action to determine validity, 3653a. 
 
 may be brought in supreme court, 3653a. 
 
 who may bring, 3653a. 
 
 who must be made parties, 3653a. 
 
 summons and complaint filed, 3653a. 
 
 clerk to certify to surrogate's clerk, 3653a. 
 
 surrogate to transmit papers to court, 3653a. 
 
472 INDEX TO NEW YORK CODE 
 
 [References are to Sections. J 
 
 Wills — Continued. 
 
 issue of pleadings, confined to what, 2653a. 
 how tried, 3653a. 
 
 verdict conclusive, 2653a. 
 
 surrogate's decree prima facie evidence, 2653a. 
 
 testimony in surrogate's court to be admitted on the 
 trial, 3653a. 
 
 party sustaining wiU to open and close, 3653a. 
 
 conduct of trial, 3653a. 
 
 when judgment may be entered, 2653a, 
 
 what the judgment to provide, 3658a. 
 
 judgment heretofore entered may be amended, 3653a. 
 
 copy of final judgment to be certified to surrogate's 
 clerk, 3653a. 
 
 must be brought within what time, 3653a. 
 exception, 3653a. 
 (5) probate, testamentary letters on: 
 prior, 2644. 
 
 what wills admitted to, 3611. 
 judgment admitting to, 1863. 
 changing residence after will made, 2611. 
 statute as to, how applied, 1863. 
 when not allowed, 2622. 
 who may propound for, 2614. 
 who must be cited for, 3615. 
 
 contents of citation, 3616. 
 
 not cited, may appear, 3617. 
 decree for probate, how far superseded by appeal, 2583. 
 witnesses, examination of, 2539-2544, 3618. 
 
 death or disability, 3619. 
 proof of, required on, 2618, 2633. 
 
 of nuncupative, 2618. 
 
 on contestant's notice, 3618. 
 
 of handwriting, when, 2620. 
 
 commission to examine subscribing witness, 3630. 
 
 of lost or destroyed will, 2621. 
 
 when sufficient, 2623. 
 
 no referee for, 3546. 
 revocation of, within what time, 2604, 3647, 3648. 
 
 petition for, 3647, 3648, 2684, 3685. 
 
 citation, 2649. 
 
 stay and hearing, 2650, 2651. 
 
 decree, 2652. 
 
OF CIVIL PROCEDURE. 473 
 
 [References are to Sections.] 
 
 Wills — Continued. 
 
 publication of, 2653. 
 
 no stay by appeal from, 2582, 2583. 
 
 letters revoked upon proof of will, 2684. 
 
 questions arising on, cannot be referred, 2546. 
 delay of, temporary administrator for, 2670-2683; see Execu- 
 tors, Etc. 
 foreign probate, letters on, 2695. 
 
 proof of, 2703. 
 
 transmission to secretary of state, 2503. 
 
 foreign wills, authentication of record, 2704. 
 effect of, on testamentary guardians, 2852. 
 surrogates, jurisdiction of, 2472. 
 
 exclusive and concurrent, 2476, 2477. 
 
 in new county, 2479, 2480. 
 
 when disqualified, 2496. 
 
 transfer from, to supreme court, 2547. 
 filing will in surrogate's office, 2620. 
 recording, 2494, 2498, 2499, 2503, 2629-2634. 
 
 of wills proved elsewhere, 2630, 2703. 
 
 of wills before proved, effect of, 2631-2683. 
 
 index and fees, 2634. 
 decree of, when obligatory, 2623. 
 
 statement as to contestation, 2633. 
 
 validity, etc., of will before, 2624. 
 
 against admission to, 2625. 
 surrogate's minutes, 2625. 
 
 effect of, as to realty, 2627. 
 as to personalty, 2626. 
 protection of purchaser from heir, 2628. 
 recital of contingency, 2636. 
 appeal from, as preferred cause, 791. 
 
 rules as to, 2587. 
 
 jury trial after, 2588. 
 proved will, surrogate's retention of, 2635. 
 
 return of, to whom, 2635. 
 
 guardians appointed by, 2851, 2860; see Guardian and 
 Ward (3). 
 four yeai's' delay of, 2688. 
 
 purchaser from heir, protected, 2628. 
 
 devisee's disability, effect of, 2628. 
 certificate of, etc., as evidence, 2629. 
 
 indorsement of, 2629. 
 
474 INDEX TO NEW YORK CODE 
 
 [References are to SectlonB.] 
 Wills — Continued. 
 
 certificate of, signing and recording, 2494. 
 letters, granting of testamentary, 3636. 
 objections to, filing, 2636. 
 
 proof on, 3637. 
 bond for, 3638. 
 
 of administrator, with will annexed, 2643-2646. 
 renunciation of, 3644. 
 powers, 3613. 
 see Executors, Etc. (6). 
 executor, selection of, under power, 2640. 
 objections, within five days, 2641. 
 renunciation by, 3639. 
 
 retraction by, 2639. 
 failing to qualify, 2642. 
 objections, by creditors, etc., 3686. 
 bond, when required, 3638. 
 what law governs, 3694. 
 validity of, 2634. 
 payment of, 2731, 3803. 
 bequests: 
 
 abatement of, 1836-1838, 2714. 
 
 actions for, 1819-1821, 1823-1837, 1830-1836. 
 
 payment of, 3473, 3553-35.55, 3578, 3583, 3673, 3717-2719, 
 
 3731, 3738, 2743-3748, 3793, 3804. 
 to witness to will, 3544. 
 devises: 
 
 executory, 1543. 
 
 of lands to be sold or mortgaged, 2582, 3733, 2749, 
 
 3759. 
 void, allegation, etc., of, in partition suit, 1581. 
 petition to compel payment of legacy, etc, 2804-2806. 
 (6) legatees and devisees : 
 disabilities of, under limitation statute, 392. 
 execution against property in hands of, 1371, 1823. 
 unknown, decree relating to, 2747. 
 
 citation to, 2533. 
 actions by or against, see Legatees, Etc. 
 actions or claims against, 555, 1537, 1588, 1831, 2845, 2786. 
 actions by: 
 
 to compel determination of claim, 1638. 
 of ejectment, 1501, 1504, 1505. 
 for specific performance, 2346. 
 
OF CIVIL PROCEDURE. 475 
 
 [References are to Sections.] 
 
 Wills — Continued. 
 
 citation of, 3518, 3533, 3663, 3737, 3738, 3743, 3754, 37S9; see 
 
 also Citation. 
 when may maintain action for waste, 1653. 
 may contest application for sale, etc., of decedent's real estate, 
 
 3755. 
 disqualification of surrogates who are, 3496, 3497. 
 included under term " person interested," 3514, sub'd 11. 
 may move to open judgment against testator, 1535, 1536. 
 notice of appraisement to be served on, 3711. 
 sale of estate devised to, to satisfy decedent's debts, 3763, 
 
 3764, 3769, 3777, 3786, 3793, 3796, 3801, 3886. 
 see also Heirs; Letters; Powers; Trusts, Etc. 
 
 Wines: 
 
 in jails, permit for, 138-130. 
 
 sale of, in court-houses, forbidden, 33. 
 
 penalty for violation, 33. 
 
 Withheld Property: 
 
 proceedings to recover, 3707-3710. 
 
 Witnesses, see Evidence (3). 
 
 Women: 
 
 defined. Statutory Cons. Law, 8. 
 
 arrest of, restrictions upon, 553, 1488, 3894. 
 
 crimes against, see Abduction; Abortion; Rape; Seduc- 
 tion. 
 
 executions against the person of, 1488. 
 
 employees, action by working, provisions as to, 1391, 3131, 
 3167, 3331, 3383. 
 
 petition by, for guardian, 3834. 
 
 prisoners to be kept separate from males, 134; see Prisons. 
 
 men preferred to, as administrators, 3660. 
 
 property of, when exempt from execution, 1393-1404. 
 
 slander of, 1906; see Slander. 
 
 see also Divorce; Husband and Wife; Married Woman. 
 
 Words, see Construction; Definitions. 
 
 Work: 
 
 by domestic, suit for, 1391; see Women. 
 
476 INDEX TO NEW YORK CODE 
 
 [References are to Sections.] 
 
 Writing: 
 
 defined, Statutory Cons. Law, 12. 
 
 Written Instruments: 
 
 defined, Statutory Cons. Law, 4. 
 for payment of money, pleading, 534. 
 see also Signature. 
 recording, certificates as evidence. 
 
 see also Certificates ; Contracts ; Evidence ; Notice; 
 Recoeding Deeds; Wills. 
 
 Writs: 
 
 of ad quod damnum, superseded, 1991, 2103. 
 
 of assessment of damages, 1991, 2103-2119. 
 
 of assistance, 3373. 
 
 of assize abolished, 1688. 
 
 of certiorari, see Certiorari. 
 
 of certiorari to review, a state writ, 1991. 
 
 of consultation, abolished, 2100. 
 
 of discharge, abolished, 2048. 
 
 of error, abolished, 1293. 
 
 of habeas corpus, see Habeas Corpus. 
 
 of injunction, abolished, 602. 
 
 of inquiry: 
 
 when issued, 515. 
 
 service of notice of, 3161. 
 
 jurors' fees on, 3316. 
 
 sheriff's fees on, 3307. 
 
 in actions for waste, 1659. 
 
 in replevin, 1729. 
 
 in action for damages causing death, 1904. 
 
 depositions taken may be read upon, 881. 
 
 to determine damages for injunction, 623. 
 
 on default, 1215, 1219, 1223, 1232. 
 
 must be annexed to judgment-roll, 1237. 
 
 remission of part of damages awarded on, 3176. 
 of mandamus, see Mandamus. 
 of ne exeat, abolished, 548. 
 of prohibition, see Prohibition. 
 of quo warranto, abolished, 1983. 
 of scire facias, abolished, 1983. 
 state, see State Writs. 
 of venire, abolished, 1191, 
 
OF CIVIL PROCEDtJRE. 477 
 
 [Referencea are to Sections.] 
 
 Writs — Continued. 
 
 of view, abolished, 1659. 
 
 not abated by adjournments, 44. 
 
 formal requisites of, 23-24. 
 
 not vitiated by certain errors, 24. 
 
 see also Forms; Teste. 
 
 return of, see Returns. 
 
 see also Mandate; Process; Warrants. 
 
 Year: 
 
 terms for years, see Leases; Tenants. 
 defined, Statutory Cons. Law, 25. 
 see also Time. 
 
 Yonkers, City of: 
 
 city court of, jurisdiction, 2, 4, 3203, 3304. 
 
 court of record, 3. 
 
 seal of, 27. 
 
 security for costs in, 3268-3279. 
 
 special proceedings in, 3306. 
 
 limitation of title affecting, 3206. 
 
 summons, service where, 3305. 
 clerk of, fees, 3302. 
 judges of, jurisdiction in supplementary proceedings, 2334.