» IMS.. The Library, to which this volume belongs is given to the QampkxnsL (Enunig !ar Aaaoriatum IN TRUST for the use of its members. Under the terms of the gift and of its acceptance by the Association, it is provided that if and when the library is not kept intact and the books are not available for the purpose intended, then the entire library shall become the property of Cornell University. In order that the usefulness of the library may not be impaired, the rules of the Association provide that this book must not be removed from the library room. _ 6551 ' Cornell University Library KFN6004.Z9G79 Greenes practice time-table xonsistia 3 1924 022 783 694 Enroll ffi alu $ rlfno , ^^ gj Cornell University J Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022783694 GREENE'S PRACTICE TIME-TABLE CONSISTING OF THE TIMES REQUIRED FOR EACH STEP IN THE PRACTICE OF LAW IN THE STATE OF NEW YORK. ALPHABETICALLY ARRANGED. EMBRACING THE CODE OF CIVIL PROCEDURE, THE CODE OF CRIMINAL PROCEDURE, THE COURT RULES, THE NEW YORK CITY CONSOLIDATION ACT, THE GENERAL ASSIGNMENT ACT, THE MECHANIC'S LIEN ACTS AND OTHER GEN- ERAL LAWS OF PRACTICE. By H. NOYES GREENE OF THE TROY BAR. ALBANY, N. Y.: MATTHEW BENDER, Publisher. 5II-5I3 BROADWAY. 1897. B7f36/ Entered, according to act of Congress, in the year 1897, by MATTHEW BENDER, In the office of the Librarian of Congress at Washington, D. C. Weed-Parsons Printing Co., electrotypers, printers and binders, Albany, N. Y. PREFACE It has been often remarked that too many books deal- ing with the theory and practice of the law are each year placed upon the market. The preparation of this little volume would, therefore, have been attended with some hesitation and diffidence had it not been believed that in the busy lawyer's hands it would prove a grateful relief from the burdensome task of book perusal. As an index or digest of the Practice Laws of the State, and as a helpful reminder of the periods of time within which certain steps are required to be taken, the Practice Time-Table cannot fail to be invaluable. The further fact that no similar volume has been pub- lished in this State in a number of years completes my excuse for offering this one to the profession. Troy, N. Y., March i, 1897. H. N. G. TIIE PRACTICE TIMETABLE. ABATEMENT OF ACTION. Six months to one year thereafter the court may direct by order as the time within which an action must be con- tinued by the proper parties where the plaintiff has died or married. (§ 761 Code Civ. Pro.) ABATEMENT OE NUISANCES. Five days after service of the answer the defendant may demand a trial by jury on any question of fact. (§ 638 N. Y. City Consol. Act.) Eight days' notice of a motion to remove the lien of a judgment recovered therein is required. (§ 640 N. T. City Consol. Act.) Four days' notice of a motion to stay the execution on ap- peal is required. (§ 641 N. T. City Consol. Act.) Ten days after judgment an appeal by either party may be taken. (§ 641 N. Y. City Consol. Act.) b ACCOUNT, ACCOUNTING — ADVERTISEMENT. Ten dayi stay of execution may be granted by the court without requiring an undertaking. (§ 641 N. Y. City Consol. Act.) Ten days after a statement of the expenses of execution is filed it becomes final. (§ 644 N. T. City Consol. Act.) Might days' 1 notice of an application for an injunction di- rected to the board of health is required. (§ 1091 K Y. City Consol. Act.) ACCOUNT, ACCOUNTING. See Assignment; Public Administrator ; Surrogate's Court. ACTION AGAINST CITY. Thirty days after a claim against the city is presented to the comptroller an action thereupon may be begun. (§ 1104 N. Y. City Consol. Act.) ADJOURNMENT. See Justices' Courts ; Surrogate's Court. ADJUSTMENT OF COSTS. See Costs ; Surrogate's Court. ADMINISTRATOR. See Public Administrator ; Surrogate's Court. ADVERTISEMENT. See Assignment; Creditors; Execution; Pleadings; Surrogates Court. ADVERSE POSSESSION APPEALS. 7 ADVERSE POSSESSION. See Limitations, Statute of ; Real Peopeety. AFFIRMANCE. See Appeals. AMENDMENT. See Appeals ; Justices' Couets ; Pleadings. ANSWER. See Pleadings. APPEALS. A. GENERAL PROVISIONS. Death of a Party. Three months after the death of one of the parties to an appeal the Appellate Court may order representatives of deceased to show cause why the appeal should not be heard (§ 1298 Code Civ. Pro.), and Six months at least after making such order, a day must be specified when cause is to be shown. (§ 1298 Code Civ. Pro.) Undertaking. Twenty days after service of an order to that effect a new. undertaking must be given. (§ 1308 Code Civ. Pro.) Ten days' notice of the dismissal of the appeal must be given before an action can be brought upon the under- taking. (§ 1309 Code Civ. Pro.) 8 APPEALS. Filing Papers. Twenty days after an appeal is perfected the appellant must file the judgment-roll and other necessary papers. (§1315 Code'Oiv. Pro.) Correcting Docket. Ten days after the entry of a judgment in the Appellate Court reversing or modifying a judgment for a sum of money, the clerk must correct his docket to that effect and must furnish the county clerk in whose office the judgment is also docketed a transcript of his corrected docket. (§ 1321 Code Civ. Pro.) Appeals from Judgment in respect to Real Property. Ten days' notice must be given before one who appeals from a judgment in favor of the owner of real estate in an action to compel the specific performance of a contract for the sale thereof, files his undertaking to pay such owner such damages as he may suffer by reason of such appeal. (§ 1323 Code Civ. Pro.) B. TO COURT OF APPEALS. Time in which to Appeal. One year after judgment is entered in the Court below an appeal to the Court of Appeals must be taken. (§ 1325 Code Civ. Pro.) Sixty days after service of an order granted in the Court below an appeal therefrom to the Court of Appeals must be taken. (§ 1325 Code Civ. Pro.) Return on Appeal. Twenty days after an appeal is perfected the appellant must file the return. (§ 1315 Code Civ. Pro.) APPEALS. 9 Ten days after the service of a notice by the respondent upon an appellant requiring him to file his return he must do so or the appeal will be dismissed. (Rule 1, Court of Appeals.) Undertaking on Appeal. Ten days after service of a copy of the undertaking with notice of filing thereof on the appellant's attorney, the latter can except to the sufficiency of the sureties. (§ 1335 Code Civ. Pro.) Ten days after service of such notice of exception the sureties must justify. (§ 1335 Code Civ. Pro.) Five days' notice of justification must be given. (§ 1335 Code Civ. Pro.) ' Copies of Case and Points. Forty days after the appeal is perfected the appellant must serve three copies of the case on the respondent's attorney. (Rule 6, Court of Appeals.) Ten days after service of a notice by a respondent requiring the appellant to serve such copies, if he fails to do so the appeal will be dismissed. (Rule 6, Court of Appeals.) Twenty days before a case is placed on the day calendar appellant shall file with the clerk sixteen copies of the case and sixteen copies of his points, and on the respondent three copies of his points. (Rule 7, Court of Appeals.) Ten days after such service the respondent shall file with the-aeessafy clerk sixteen copies and on the appellant three copies of his points. (Rule 7, Court of Appeals.) 10 APPEALS, Five days after the latter service the appellant may file with, the clerk sixteen copies and serve on the respondent three copies of points in reply. (Rule 7, Court of Appeals.) Two days before a case shall be placed on the day calendar where it is to be argued during the first two weeks of any term commencing next after the making of a new calendar the party shall file the papers and file and serve or exchange the points. (Rule 7, Court of Appeals.) Criminal Causes. Ten days' notice must be given of the placing of a criminal cause upon the calendar, and bringing it on for hearing as a preferred case where it was not placed upon the regular calendar. (Rule 9, Court of Appeals.) Time of Argument. Two hours may be occupied by either counsel in the argu- ment of the cause. (Rule 13, Court of Appeals.) Twenty minutes may be occupied by appellant's counsel in the argument of an appeal from an order. (Rule 13, Court of Appeals.) Fifteen minutes may be occupied by respondent's counsel in the argument of an appeal from an order. (Rule 13, Court of Appeals. Dismissal. Ten days after dismissal application must be made to restore such appeal. (Rule 15, Court of Appeals.) APPEALS. 11 Affirmance by Default. Ten days after notice of affirmance is served on the appel- lant the remittitur may be sent to the court below. (Rule 17, Court of Appeals.) C. TO APPELLATE DIVISIONS. Time in Which to Appeal. Thirty days after service of a copy of a judgment of an inferior court or the Supreme Court, or an order of the Supreme Court, or a final order in a special proceeding, with notice of entry thereof, an appeal to the Appellate Division of the Supreme Court must be taken. (§ 1341 Code Civ. Pro.) Sixty days after service of a copy of an order of an inferior court, and a notice of entry, an appeal to the Appellate Division must be taken. (§ 1351 Code Civ. Pro.) Case and Exceptions. Thirty days after service of a copy of a decision by a court or referee or after a trial by jury or after notice of the decision of the motion for a new trial, or after entry of judgment upon setting aside of a verdict the case must be made and served. (Rule 32, General Rules.) Ten days thereafter the party served may propose amend- ments to the case. (Rule 32, General Rules.) Four days thereafter the party serving the case may give notice of settlement. (Rule 32, General Rules.) Four to ten days after such notice the case must be settled. (Rule 32, General Rules.) 12 APPEALS. Two days' notice of an application to extend the time in which to settle a case must be given the opposite party. (Rule 32, General Rules.) Ten days after settlement the case must be signed and filed. (Rule 35, General Rules.) Papers on Appeal. Twenty days, in all cases except appeals from non-enumer- ated motions, after an appeal has been taken to the Appellate Division, or an order made for the hearing of a cause therein, or an agreed case filed in the clerk's office, or after the settlement and filing of a case, the papers must be served by the moving party (Rule 41, General Rules), but Fifteen days, in the case of non-enumerated motions, after the appeal is taken, the papers must be served. (Rule 41, General Rules.) Three days' notice of a motion to dismiss the appeal must be given where papers have not been served as required. (Rule 41, General Rules.) Note of Issue. Eight daysbef ore the commencement of the court, notes of issue must be filed. (Rule 39, General Rules.) D. TO APPELLATE DIVISION, FIRST DEPARTMENT. Note of Issue— Copies of Case. Eight days before the day for the argument of an appeal from an order a note of issue must be tiled with the clerk, together with sixteen copies of the papers in the case. (Rule 4, App. Div. 1st Dept.) APPEALS. 13 One day before such argument counsel may consent to post- ponement. (Rule 4, App. Div. 1st Dept.) Eight days before the commencement of the term, an enu- merated case may be placed on the general calendar by filing pith the clerk a note of issue and sixteen copies of the papers in the case. (Rule 5, App. Div. 1st Dept.) At any time after filing a note of issue in an enumerated cause counsel may consent to postponement. (Rule 6, App. Div. 1st Dept.) E. TO APPELLATE DIVISION, SECOND DEPARTMENT. Note of Issue. Two days before the day for which motions, other than ap- peals from orders, are noticed, notes of issue therefor must be filed with the clerk. (Rule 6, App. Div. 2d Dept.) Eight days before the making up of the non-enumerated calendar, notes of issue for appeals from orders must be filed. (Rule 7, App. Div. 2d Dept.) Five days before a criminal case is to be heard a note of issue must be filed. (Rule 9, App. Div. 2d Dept.) Argument. Four days' notice must be given before bringing to argu- ment an appeal once passed. (Rule 2, App. Div. 2d Dept.) Ten days' 1 notice of argument must be given of a criminal appeal not regularly placed on the calendar. (Rule 9, App. Div. 2d Dept.) 2 14 APPEALS. P. TO APPELLATE DIVISION, THIRD DEPARTMENT. Note of Issue. Five days before a criminal case is to be heard a note of issue must be filed. (Eule 4, App. Div. 3d Dept.) Argument. Ten days' notice of argument must be given of a criminal appeal not regularly placed on the calendar. (Rule 4, App. Div. 3d Dept.) G-. TO APPELLATE DIVISION, FOURTH DEPARTMENT. Note of Issue. Eight days before the making up of the non-enumerated calendar, notes of issue for appeals from orders must be filed. (Rule 1, App. Div. 4th Dept.) Five days before a criminal case is to be heard a note of issue must be hied. (Rule 4, App. Div. 4th Dept.) Argument. Ten days' 1 notice of argument must be given of a criminal appeal not regularly placed on the calendar. (Rule 4, App. Div. 4th Dept.) Copies of Case and Points. Fifteen days before a case is placed upon the day calendar sixteen copies of the papers and points must be filed with the clerk and three copies served on the adverse party. (Rule 9, App. Div. 4th Dept.) Seven days thereafter the adverse party shall make a like service. (Rule 9, App. Div. 4th Dept.) APPEALS. 15 Five days thereafter the first party may make a like service of answering points and brief. (Rule 9, App. Div. 4th Dept.) H. FROM CITY COURT AND DISTRICT COURTS OP NEW YORK CITY. Calendar. Five days before the term at which such appeals are heard the clerk shall publish the calendar in the Law Journal. (Special Rules, First Department.) Return. Ten days after service of a notice of appeal from the City Court the appellant must cause the return to be filed and printed copies served. (Special Rules, First De- partment.) Eight days before the term, the return from the court below must be filed with the clerk. (Special Rules, First Department.) Fight days before the term an affidavit must be filed with the clerk that three copies of the return from the City Court have been served on the respondent. (Special Rules, First Department.) Five days' 1 notice of motion to dismiss an appeal because of failure to file return must be given. (Special Rules, First Department.) Five days' notice of motion to compel a return^by attach- ment must] be given. (Special Rules, First Depart- ment.) 16 APPEALS. Notice of Argument. Eight days' notice of argument must be given. (Special Rules, First Department.) I. IN CRIMINAL ACTIONS. One year after judgment is entered an appeal must be taken. (§ 521 Code Crim. Pro.) Ten days after service of the notice of appeal the clerk must transmit it with the judgment-roll to the clerk of the appellate court. (§ 532 Code Crim. Pro.) Five days' notice must be given of a motion to dismiss an appeal. (§ 533 Code Crim. Pro.) Ten days' notice of argument of an appeal must be given, (§§ 535, 536 Code Crim. Pro.) Five days' after appeal counsel must serve notice of re- tainer on the district attorney in order that notice of argument be served on him instead of the defendant. (§ 537 Code Crim. Pro.) Ten days, and no longer, a judgment on appeal may be retained by the clerk of the appellate court by order of the court, when it was rendered in the absence of the adverse party. (§ 547 Code Crim. Pro.) Three days after conviction in Police Court of a violation of a city ordinance an appeal may be taken to the Special Sessions. (§ 85 N. Y. City Consol. Act.) Appeal from Special Sessions, N. Y. City. Five days after the allowance of the appeal the affidavit and APPEALS, COURT OF — APPRENTICES. 17 allowance must be served on the clerk of the court. (§ 1593 N. Y. City Consol. Act.) See City Court ; Justices' Courts ; Special Sessions ; Surrogate's Court. APPEALS, COURT OF. Fees Received. Twice each year the clerk must pay all fees received to the comptroller. (§ 3283 Code Civ. Pro.) See Appeals. APPEARANCE. Twenty days after the summons is served the defendant must appear. (§ 421 Code Civ. Pro.) At any time before judgment, where the summons was served by publication, the defendant may appear. ( § 445 Code Civ. Pro.) One year after personal service of a notice of judgment except in certain cases, a defendant not personally served with the summons may be allowed to defend- (§ 445 Code Civ. Pro.) Seven years after the filing of the judgment-roll, where no notice of judgment was personally served, the defend- ant may be allowed to defend. (§ 445 Code Civ. Pro.) See City Court ; Guardian Ad Litem. APPRENTICES. Fourteen days' notice of an application to assign a contract of service or apprenticeship must be given. (§ 940 Code Crim. Pro.) If ARBITRATION, COURT OF ARGUMENT. ARBITRATION, COURT OF. Two to five days' notice of a hearing must be served on the adverse party. (§ 1791 N. Y. City Consol. Act.) One hour after the requisition is returnable it must be filed with the clerk. (§ 1792 N. Y. City Consol. Act.) One hour after the requisition is returnable an additional arbitrator may be appointed by either party. (§ 1793 N. Y. City Consol. Act.) Ten days after the final hearing the award must be filed with the clerk. (§ 1799 N. Y. City Consol. Act.) ARBITRATIONS. One year after an award is made an application for an order confirming it must be made. (§ 2373 Code Civ. Pro.) Eight days' notice of such application must be given. (§§ 780, 2373 Code Civ. Pro.) Three months after award is filed or delivered a motion to vacate or modify it must be made. (§ 2376 Code Civ. Pro.) Eight days' notice of such motion must be given. (§§ 7S0, 2376 Code Civ. Pro.) ARGUMENT. Notice of Argument. Eight days' notice is required (§780 Code Civ. Pro. ; Rule 40, General Rules), but AEEEST. 19 Five days' notice only is necessary in the City Court. (§3161 Code Civ. Pro.) See Appeals : City Couet ; Notice of Motion. AEEEST. Answer. Twenty days after the arrest of defendant, otherwise than by order of the court, he may answer. (§ 566 Code Civ. Pro. Motion to Vacate. Twenty days after the arrest of a defendant, otherwise than by order of the court, he may apply to vacate the order of arrest or for other form of relief, if he was arrested within twenty days before final judgment. (§ 567 Code Civ. Pro.) Twenty days after the arrest of a defendant where the order of arrest was granted by the court, he may apply to vacate the order of arrest or for other relief. (§ 567 Code Civ. Pro.) Bail. Three days after bail is given, the sheriff must deliver to the plaintiff's attorney copies of the order of arrest, return and undertaking. (§ 577 Code Civ. Pro.) Ten days after the receipt thereof by the plaintiff he may except to the sureties. (§ 577 Code Civ. Pro.) Ten days after receipt of the notice of exception the sheriff must give notice of justification. (§ 578 Code Civ. Pro.) 20 ASSAULT, ACTION FOE. Five to ten days thereafter the sureties must justify (§ 578 Code Civ. Pro.) From time to time the examination of the sureties may be adjourned. (§ 580 Code Civ. Pro.) Ten days after arrest , if no bail is given, or after the justi- fication of the bail, the sheriff must file with the clerk the order of arrest, undertaking and other papers. (§ 590 Code Civ. Pro.) Four days after receipt of deposit in lieu of bail, the sheriff must pav the same into court. (§ 583 Code Civ. Pro.) Judgment and Execution. Ten days after plaintiff may take judgment, except in the case of a court order, he must do so, or defendant will be discharged. (§ 572 Code Civ. Pro.) Ten days after the return of a property execution or three months after taking judgment, plaintiff must issue an execution against the person. (§ 572 Code Civ. Pro.) Decision. Twenty days after submission of an application to obtain, vacate, modify or set aside an order of arrest the court must decide the same. (§ 719 Code Civ. Pro.) See City Court ; Justices' Couets ; Papees. ASSAULT, ACTION FOE. See Limitations, Statute Of. ASSESSMENT — ASSIGNMENT. 21 ASSESSMENT. See Taxes. ASSESSMENT OF DAMAGES, WRIT OF. Three weeks in succession, once each week, the sheriff must publish notice of the execution of the writ. (§ 2108 Code Civ. Pro.) Three months after the writ and return are filed the attorney- general must publish a notice requiring all interested persons to show cause why the inquisition should or should not be confirmed. (§ 2112 Code Civ. Pro.) Sixty days after the payment of the money into court by the State, if an application is not made therefor, the Appellate Division must provide for its investment. (§ 2117 Code Civ. Pro.) ASSESSMENT OF DAMAGES. Five days' notice of assessment of damages by the clerk must be given where the defendant has appeared but has made default in pleading. (§ 1219 Code Civ. Pro.) Two days' notice is required in the City Court. (§ 3161 Code Civ. Pro.) ASSIGNMENT, GENERAL, FOR THE BENEFIT OF CREDITORS. Inventory. Twenty days after date of assignment, the ,debtor must file his inventory. (Laws 1877, ch. 466, § 3.) 22 ASSIGNMENT FOE BENEFIT OF CEEDITOE8. Thirty days after date of assignment, the assignee must file the inventory if the debtor has failed to do so. (Laws 1878, eh. 318, § 1.) Sixty days further time may be allowed the assignee by the county judge. (Laws 1878, ch. 318, § 1.) Advertisement for Claims. Six weeks in succession, at least once a week, the assignee must advertise for claims to be presented within thirty days from the last advertisement. (Laws 1877, ch. 4:66, § 4.) Twenty days before the day fixed therefor, a notice or copy of an advertisement requiring creditors to present their claims to a referee must be mailed to each creditor. (Special Rules, First Department.) Note. The time fixed as above for mailing notice to cred- itors is found in the Rules Regulating the Special Terms for the First Department, in Rule 3 ; but in Rule 6, subdivision 30, the time is fixed as thirty days; which time was intended to govern, I do not know. — Ed. Bond of Assignee. Thirty days after date of assignment, assignee must file his bond; if debtor has not filed his inventory within the twenty days required, assignee may apply within ten days thereafter for leave to file a provisional bond. (Laws 1877, ch. 466, § 5.) Sale of Property. Ten days' notice of the sale of personal property must be given. (Special Rules, First Department.) ASSIGNMENT FOE BENEFIT OF CREDITORS. 23 Twenty days' notice of the sale of real property must be given. (Special Kales, First Department.) Removal of Assignee. Five days' notice must be given assignee, assignor, surety and other necessary parties before removing assignee. (Laws 1S78, ch. 318, § 2.) Death of Assignee. Eight days' notice must be given before substituting per- sonal representative of deceased assignee as his suc- cessor. (Laws 1877, eh. 466, § 10.) Accounting. Any time after an assignment the assignee may petition the court for an accounting. (Laws 1878, ch. 318, § 3.) One year after an assignment, the court may issue citations for an accounting on the petition of any interested party. (Laws 1878, ch. 318, § 3.) Thirty days before the return day of the citation a copy can be mailed to each creditor, when more than 25 have proved their claims (Laws 1878, ch. 318, § 4), and Four weeks' publication of the citation, once a week, prior to such return day is also required in the latter case. (Laws 1878, eh. 318, §4.) Fight days before the return day the citation must be per- sonally served within the county or an adjoining county (Laws 1877, ch. 466, § 14), and Fifteen days before the return day iu any other county. (Laws 1877, ch. 466, § 14.) 24 ATTACHMENT. Six weeks successive])', once a week, the citation must be published, where some persons to be served live without the state or cannot b3 found (Laws 1877, ch. 466, § 13), and Thirty days before the return day a copy must also be mailed to such persons at their last known place of res- idence. (Laws 1877, ch. 466, § 15.) Thirty days before the return day, personal service may be made within the United States as a substitute for pub- lication and mailing (Laws 1877, ch. 466, § 16), and Forty days before the return day such service may be made without the United States. (Laws 1877, ch. 466, § 16.) ATTACHMENT. Absence of Defendant from Country. Six months' absence from the United States next before the granting of the order of publication of the summons against him by an adult defendant resident of the State, who has made no designation of another to be served in his absence, is ground for a warrant of attach- ment against his property. (§ 636 Code Civ. Pro.) Service of Summons. Thirty days after the granting of the warrant service of the summons must be made personally or commenced by publication. (§ 630 Code Civ. Pro.) Filing of Papers and Inventory. Ten days after procuring the warrant the affidavits upon which it was granted must be filed. (§ 639 Code Civ. Pro.) ATTACHMENT. 25 Five days after the levy is made the sheriff must file the inventory. (§ 654 Code Civ. Pro.) Motions. Two days ' notice of a motion by some or any of the de- fendants to discharge an attachment must be given. (§ 689 Code Civ. Pro.) Twenty days after any motion hereunder is submitted to the court the same must be decided. (§ 719 Code Civ. Pro.) Sureties and Justification. Three days after service of an undertaking on a motion to discharge an attachment, plaintiff must except to the sureties. (§ 690 Code Civ. Pro.) Ten days after the service of the notice of exception, de- fendant must give notice of justification. (§ 690 Code Civ. Pro.)" Five to ten days after last-named notice a hearing must be had. (§ 690 Code Civ. Pro.) Two days after receiving the bond of indemnity the sheriff must serve notice of justification of sureties. (§ 658 Code Civ. Pro.) Two to five days thereafter the sureties must justify. (§ 658 Code Civ. Pro.) Vessels. Thirty days after a vessel is attached, the court, upon ap- plication of her owner or his agent, must appoint appraisers of her value. (§§ 660, 666 Code Civ. Pro.) 26 ATTACHMENT. Two days after such valuation of a domestic vessel is re- turned, the claimant may regain possession by giving the sheriff an undertaking. (§§ 662, 663 Code Civ. Pro.) Three days after such valuation of a foreign vessel is re turned the plaintiff must give the claimant an under- taking to pay any damages recovered by the latter in an action brought within three months from the ap- proval of the undertaking. (§ 668 Code Civ. Pro.) Thirty days after attachment, if the proper claims to it are not made, the vessel may be sold by order of the court (§§ 672, 673 Code Civ. Pro.) One month after the defendant is entitled to claim the vessel, if the plaintiff's undertaking is not discharged, or he is not otherwise indemnified, the court may order the vessel sold and the proceeds paid to the persons who executed the undertaking for their indemnity. (§ 671 Code Civ. Pro.) Three days' extension of time may be granted by the court to the plaintiff in which to furnish an undertaking under a second warrant of attachment where the plain- tiff failed to give an undertaking under the first warrant to prevent the release of a foreign vessel. (§ 701 Code Civ. Pro.) Decision. Twenty days after submission of an application to obtain, vacate, modify or set aside a warrant of attachment, the court must decide the same. (§ 719 Code Civ. Pro.) See City Court ; Justices' Courts ; Papers. ATTORNEY BAIL. 27 ATTORNEY. Practising without License. One month is the limit of imprisonment as punishment for practising as an attorney in the courts of New York and KiDgs counties without having been regularly ad- mitted to practice in the courts of record of the state. (§ 64 Code Civ. Pro.) Admission of. Twice, at least, in each year examinations shall be conducted in each judicial department of all persons applying for admission to practice as attorneys and counselors at law. (§ 56 Code Civ. Pro.) Death or Disability of. Thirty days must elapse, after notice to appoint another attorney has been given to a party whose attorney has died or become disabled before further proceed- ings against such party shall be taken in the action. (§' 65 Code Civ. Pro.) BAIL. Application for Sail. Two clays' notice to the district attorney of application for admission to bail must be given in cities when the crime charged is a felony (§§ 560, 571 Code Crim. Pro.), and Two days' notice must be given to the committing magis- trate requiring him to transmit depositions and state- ment. (§ 560 Code Crim. Pro.) 28 BASTARDS. Two days' notice of an application to admit a person to bail before any other than the committing magistrate must be given to the district attorney of New York City. (§ 1487 N. Y. City Consol. Act.) Exoneration of Bail. Five days' notice of an application for the exoneration of bail or for the return of a deposit in lieu of bail must be given to the district attorney. (§§ 590. 592 Code Crim. Pro.) Remission of Forfeiture. Five days' notice to district attorney necessary. (§ 598 Code Crim. Pro.) See Arrest ; City Court ; Execution Against Person ; Justices' Courts. BASTAEDS. Thirty days' adjournment of the examination, and no longer, may be granted by the magistrate on the application of the defendant. (§ 849 Code Crim. Pro.) One month after her delivery a magistrate may commit the mother to jail until she disclose the name of the father. (§ 856 Code Crim. Pro.) Ten days' notice to the proper officers must be given before the court may reduce the amount directed to be paid by father or mother. (§ 859 Code Crim. Pro.) Appeals from Orders. Ten days' notice of appeal from an order must be given to the magistrate who made it. (§ 862 Code Crim. Pro.) BATTERY CALENDAR. 29 BATTERY. See Limitations, Statute of. BAWDY-HOUSE. See Summary Proceedings. BILL OF PARTICULARS. Ten days after demand, a bill of particulars must be served. (§ 531 Code Civ. Pro.) BOND. Five days after the court so orders the principal must file a new bond (§ 812 Code Civ. Pro.), and Twenty days after the court so orders be must make his accounting. (§ 812 Code Civ. Pro.) Thirty days after a district attorney receives money upon a bond he must pay it to the county treasurer. (§ 1967 Code Civ. Pro.) See Sureties ; Surrogate's Court. CALENDAR. Five days before the term, the calendar must be ready for distribution. (§ 977 Code Civ. Pro.) Two days before the same is called, a calendar of causes from the general calendar must be published. (Special Rules, First Department.) See Appeals ; City Court ; Motions. 3 30 CASE ON APPEAL CITATION. CASE ON APPEAL. See Appeals ; City Coubt. CERTIORARI. Four months after the determination to be reviewed becomes final and binding the writ must be granted and served (§ 2125 Code Civ. Pro.), hut Twenty months thereafter the appellate division of the Supreme Court may grant the writ if, when the deter- mination to be reviewed became final, the relator was within the age of twenty-one years, insane, or imprison- oned on a criminal charge for a term less than for life. (§ 2126 Code Civ. Pro.) Eight days' notice of application for the writ is required. (§ 2128 Code Civ. Pro.) Twenty days after the service of a writ it must be return- able at the clerk's office. (§ 2123 Code Civ. Pro.) CHANGE OF NAME. See Name, Proceedings to Change. CHANGE OF VENUE. See Teial. CHATTEL, ACTION TO RECOVER. See Justices' Courts ; Limitations, Statute of ; Replevin. CITATION. See Surrogate's Court. CITT COURT OF NEW YOKE. 31 CITY COUKT OF NEW YOKE. Appearance. Six days after the summons is served the defendant must appear. (§ 3165 Code Civ. Pro.) Two days after the service of the summons, where some of the parties reside without the city, the defendant may be required to appear by order of the court. (§ 3165 Code Civ. Pro.) Ten days after service of summons without the city of New York or by publication, the defendant must appear. (§ 3165 Code Civ. Pro.) Service of Pleadings. Within the same time as the defendant is required by the summons to serve his answer, each pleading must be served. (§ 3166 Code Civ. Pro.) Service of Notices. Two days' notice of justification of sureties on an under- taking given as security for the defendant's' costs must be given. (§§ 3161, 3168 Code Civ. Pro.) Two days' 1 notice of exception to the sureties in such a case must be given. (§ 31 68 Code Civ. Pro.) Two days' notice must be given of an application for judg- ment upon a frivolous pleading, or to strike out a sham pleading, or for judgment upon the defendant's default, or the execution -of the reference or writ of inquiry or of an assessment thereupon. (§ 3161 Code Civ. Pro.) 32 CITY CODET OF NEW TOEK. Four days' notice of motions other than those last specified must be given. (§ 3161 Code Civ. Pro.) Two to ten days' notice of the justification of bail must be given. (§ 3161 Code Civ. Pro.) Five days' notice of trial, of the hearing of an appeal, or of any other hearing not heretofore specified, must be given. (§ 3161 Code Civ. Pro.) Five days' notice of trial of mechanic 's lien cases must be given. (Eule 24, City Court.) Two days' notice of taxation of costs must be given (§ 3161 Code Civ. Pro.), out One day's notice is sufficient if all the persons have their offices in the city of New York. (§3161 Code Civ. Pro.) Two days before the term a note of issue must be filed. (§ 3162 Code Civ. Pro.) Arrest and Bail. Ten days after the arrest of the defendant he must demand complaint or serve a copy of his answer as the case requires. (§ 3166 Code Civ. Pro.) Five days after the delivery to the plaintiff's attorney of the order, return, and undertaking, he must except to the sureties. (§ 3168 Code Civ. Pro.) Five days thereafter notice of justification must be given. (§ 3160 Code Civ. Pro.) Two to ten days' notice of justification must be given (§ 3161 Code Civ. Pro.) CITY COURT OF NEW YORK. 33 Arrest and Bail in Marine Causes. One day after his arrest, or immediately if the court is in session, the defendant must be brought into court. (§ 3178 Code Civ. Pro.) One day or the next legal day after the receipt by the sheriff of a deposit in lieu of bail he must pay if into court. (§ 3181 Code Civ. Pro.) One day after arrest, or immediately if the court is in session, the sheriff must make his return. (§ 3184 Code Civ. Pro.) One hour after the return or the opening of the court, the court must wait. (§ 3185 Code Civ. Pro.) Six days after the joinder of issue the case must be ap- pointed for trial, unless both parties assent to a longer time, or a trial by jury being demanded there is no term of the court to be held within six days. (§ 3186 Code Civ. Pro.) Three months from the joinder of issue the trial may be ad- journed, and no longer, without consent of both parties. ( 3186 Code Civ. Pro.) Execution Against the Person. Fifteen days a defendant may be imprisoned under an exe- cution against the person in an action for wages earned by a female employee. (§ 3167 Code Civ. Pro.) Warrant of Attachment. Six months' continuous absence from the United States where no designation has been made of a person upon whom process can be served will entitle an applicant to a warrant of attachment. (§ 3*169 Code Civ. Pro.) 34 CITY OOUET OF NEW YOEK. Six weeks' publication of a summons must be made at least once a week where a warrant of attachment has been issued. (§3170 Code Civ. Pro.) Thirty days after the granting of the warrant the summons must be personally served or the first publication thereof begun. (§ 3170 Code Civ. Pro.) Decision. Ten days after the cause is finally submitted to the court the decision must be filed. (§ 3173 Code Civ. Pro.) Ten days after an appeal is perfected the justice must file, if so required, a special decision, stating separately the facts found and the conclusions of law. (§ 3173 Code Civ Pro.) Calendar. Four days' notice of a motion to place a cause on the special calendar must be given. (Rule 14, City Court.) Two days before the trial day, an order placing a cause on the special calendar, shall be filed with the clerk. (Rule 14, City Court.) Two days' notice of motion to put case marked down as reserved generally upon day calendar must be given. (Rule 22,^City Court.) Two days' notice of motion to set down for trial an action in which a new trial is ordered must be given. (Rule 22, City Court.) Appeals to General Term, City Court. Ten days after service of a copy of the judgment or order CITY COUKT OF NEW YOEK. 35 appealed from, an appeal to the General Term of the court may be taken. (§ 3190 Code Civ. Pro.) Five days before the term, appellant must serve three copies of the papers on appeal. (Rule 3, City Court.) Three days' notice of motion to dismiss appeal for non- service of papers must be given. (Rule 3, City Court.) Four days before the term, appellant must furnish each judge a copy of the case on appeal. (Rule 4, City Court.) Five days before the term, notes of issue must be filed. (Rule 9, City Court.) Appeal to Supreme Court. Twenty days after the service of a copy of the judgment or order appealed from, an appeal to the Supreme Court may be taken. (§ 3193 Code Civ. Pro.) Miscellaneous Provisions. Three weeks in succession before a term is held in pursu- ance thereof, an appointment of terms for the City Court of New York must be published. (§ 325 Code Civ. Pro.) Three days after the first day of each month, the clerk of the City Court of New York must render+o the comp- troller an account of all fees received by him during the preceding month ; and he must at the same time pay the same into the treasury of the city. (§ 331 Code Civ. Pro.) 36 COMMISSION TO TAKE TESTIMONY — COMMITTEE. Ten days is the period during which an officer of the City Court of New York may be suspended by a justice thereof. (§ 337 Code Civ. Pro.) See Costs. COMMISSION TO TAKE TESTIMONY. Criminal Action. Five days' notice to district attorney of application neces- sary. (§ 642 Code Grim. Pro.) Two days' notice of settlement of interrogatives must be given by either party. (§ 645 Code Crim. Pro.) See Depositions ; Justices' Courts. COMMITTEE. Ten days after the appointment of a committee an order of the court restraining persons who have acquired prop- erty without adequate consideration from the alleged incompetent person, from disposing of said property in any way, may be continued. (§ 2327 Code Civ. Pro.) Five years' lease of real property may be given by a com- mittee without direction of the court. (§ 2339 Code Civ. Pro.) Account of. Once each year in January, a committee of property must file an inventory and account. (§ 2341 Code Civ. Pro.) Three months after the entry of an order directing a com- mittee to file his account, if the committee fails to obey, the court may take steps for his removal. (§ 2342 Code Civ. Pro.) COMPLAINT CONDEMNATION OF EEAL PEOPEETY. 37 COMPLAINT. See Pleadings. COMPROMISE. See Offeb of Judgment. CONDEMNATION OF EEAL PROPERTY. Eight days before the presentation of the petition it must be served on the owners of the property. (§ 3301 Code Civ. Pro.) Six weeks' publication, once a week, in two newspapers, of the petition and notice is required. (§ 3362 Code Civ. Pro.) Three months after the order of service is granted a non- resident defendant must be served or the first publica- tion of the petition and notice be made. (§ 3362 Code Civ. Pro.) Tioenty days after the case is submitted the court or referee shall file decision. (§ 3367 Code Civ. Pro.) Eight days' notice of the appointment of commissioners must be given. (§ 3369 Code Civ. Pro.) Eight days' notice of each meeting of the commissioners must be given. (§ 3370 Code Civ. Pro.) Ten days after service of an offer to purchase by the plain- tiff, it must be filed with the county clerk. (§ 3372 Code Civ. Pro.) 38 CONDEMNATION OF EEAL PKOPERTr. Thirty days after the entry of the final order the plaintiff may move to abandou the proceeding. (§ 3374 Code Civ. Pro.) Eight days' notice of such motion must be given. (§ 3374 Code Civ. Pro.) Thirty days after service of a copy of the final order an appeal must be taken. (§§ 3375, 3376 Code Civ. Pro.) Thirty days' notice must be given the comptroller of New York city of proceedings to acquire real estate on behalf of the city. (§ 123 N. Y. City Consol. Act.) "Water Supply in New York City. Ten days before the presentation of a petition for the ap- pointment of commissioners to estimate the damages to be paid by the city in acquiring property for water supply, notice thereof must be served on all interested parties. (§ 367 N. Y. City Consol. Act.) Four weeks' publication of such notice, once a week, where the parties reside out of the State, is good service (§ 367 N. Y. City Consol. Act), and wo weeks before presenting the petition, the notice must be mailed to each party residing within the United States or the British Colonies of North America, in addition to the publication required above. (§ 367 N. Y. City Consol. Act.) Two weeks' publication of such notice, once a week, is re- quired, where the residence of parties to be served is unknown. (§ 367 N Y. City Consol. Act.) CONSTABLE — CONTEMPT OF COURT. 6\) Twenty days after confirmation of the report of the com- missioners, either party may appeal therefrom. (§371 N. Y. Consol. Act.) See Streets. CONSTABLE. See Justices' Courts. CONTEMPT OF COUET. Imprisonment. Six months' imprisonment and until the fine is paid is the punishment for a contempt in a court of record (§ 22S5 Code Civ. Pro.), but Thirty days is the limit of imprisonment for a criminal contempt ; except that to a definite sentence of thirty days may be added a period not exceeding thirty days for non-payment of a fine. (§ 9 Code Civ. Pro.) Five days' imprisonment for contempt may be imposed in Justices' Courts (§2871 Code Civ. Pro.), but Ten days further imprisonment may be added in Justices' Courts for non-payment of fiue. (§ 2871 Code Civ. Pro.) Three months' imprisonment may be imposed for contempt in the non-payment of alimony or counsel fees in a divorce case where the amount to be paid is less than $500. (§ 111 Code Civ. Pro.) Six months' imprisonment may be imposed where the amount is over $500. (§ 111 Code Civ. Pro.) 40 CONTRACT CORPORATION. Filing of Papers. Ten days after conviction for contempt in Justices' Courts the record of conviction must be filed by the justice. (§ 2873 Code Civ. Pro.) Money Received as Fines. Ten days after the receipt of the fine for contempt imposed in Justices' Courts, the officer receiving must pay the money for the benefit of the poor. (§ 2875 Code Civ. Pro.) CONTRACT. Ten days at least a notice to submit bids on any contract must be published. (§ 64 N. T. City Consol. Act.) CORONERS. Thirty days after an inquest upon a dead body the coroner must deliver to the county treasurer any money or other property found upon the body. (§ 785 Code Crim. Pro.) Thirty days after the receipt of such property by the treas- urer, he must sell it at public auction. (§ 786 Code Crim. Pro.) Six years is the limit of time within which such money may be demanded of the county treasurer by the legal representatives of the deceased. (§ 787 Code Crim. Pro.) CORPORATION. "Voluntary Dissolution. Three months at least after the granting of an order to show cause why the corporation should not be dissolved it must be returnable. (§ 2423 Code Civ. Pro.) CORPORATION. 41 Ten days after the order is made it must be entered and the papers filed. (§ 2423 Code Civ. Pro.) Three weeks in succession, once a week, before the return day the order must be published (§ 2425 Code Civ. Pro.), out Forty days before the return day such service may be made by mail. (§ 2425 Code Civ. Pro.) Action to Procure Dissolution or Annulment. One year after a corporation has remained insolvent or neglected to pay its debts an action to procure its dis- solution may be begun by the attorney-general. (§ 1785 Code Civ. Pro.) Sixty days after the stockholder or creditor presents a state- ment to the attorney-geueral showing ground for such an action, if the attorney -general neglects to bring the action the creditor or stockholder may apply to the court for leave to bring it. (§ 1786 Code Civ. Pro.) Four weeks' publication in the State paper of the judgment annulling a corporation is necessary. (§ 1803 Code Civ, Pro.) Six months after the first publication of an order to that effect creditors of the corporation must exhibit and prove their claims and make themselves parties to the action. (§ 1807 Code Civ. Pro.) Twenty days before the day fixed therefor a notice or copy of an advertisement requiring creditors to present their claims to a referee must be! mailed to each creditor. (Special Rules, First Department.) 42 costs Foreclosure of Mortgage. Thirty days after the mortgage debt of the corporation or the interest thereupon was payable and has remained unpaid an action can be brought for the foreclosure of the mortgage. (§ 1810 Code Civ. Pro.) Sale of Beal Property. Eight days' notice of the application must be given per- sonally to all interested parties. (§ 3395 Code Civ. Pro.) Sixteen days' notice must be given by mail. (§ 3895 Code Civ. Pro.) See Ceimxnal Pboceedings Against Corporation. COSTS. Taxation. Two days' notice of taxation must be given if attorneys have their offices in city or town. (§ 3263 Code Civ. Pro.) Five days' notice is necessary otherwise. (§ 3263 Code Civ. Pro.) One day's notice must be given in City Court if attorneys live in New York county. (§ 3161 Code Civ. Pro.) Two days' notice is necessary otherwise. (§ 3161 Code Civ. Pro.) Security for Costs. Ten days after notice of filing of undertaking, defendant must except to sureties. (§ 3274 Code Civ. Pro.) COUET OF APPEALS CREDITORS. 43 Two days' time is allowed in City Court. (§ 3168 Code Civ. Pro.) Ten days after exception, notice of justification must be given. (§ 3274 Code Civ. Pro.) Two days' time is allowed in City Court. (§ 3168 Code Civ. Pro ) Five to ten days after notice thereof, justification must be had. (§ 3274 Code Civ. Pro.) Two days' time is allowed in City Court. (§ 3161 Code Civ. Pro.) At any time court may compel new undertaking. (§ 3276 Code Civ. Pro.) See Justices' Courts ; Surrogate's Court. COURT OF APPEALS. See Appeals, Court of. COUNTY TREASURER. See Surrogate's Court. CREDITORS. Action for Collective Benefit of. Three weeks in succession, once a week, the notice of a direction by the court for outside persons to present their demands must be published. (§ 786 Code Civ. Pro.) /Ska Assignment ; Judgment Creditor's Action; Public Administrator ; Surrogate's Court. 44 CBIMINAL ACTION. CRIMINAL ACTION. Answering Indictment. One day must be allowed defendant to answer the indict- ment. (§ 311 Code Crim. Pro.) Removal of Action. Ten days' notice must be given the district attorney of an application for an order of removal. (§ 346 Code Crim. Pro.) Preparation for Trial. Two days' time must be allowed the defendant to prepare for trial. (§ 357 Code Crim. Pro.) Special Verdict. Five days' notice must be given by either party bringing a special verdict to argument. (§ 441 Code Crim. Pro.) Bill of Exceptions. Five days after trial is the time within which a bill of exceptions must be served on the district attorney. (§ 458 Code Crim. Pro.) Five days after such service is the time within which the district attorney may serve amendments to the bill. (§ 458 Code Crim Pro.) Five days after service of the amendments is the time within which the defendant may serve a notice to appear in court and have the bill of exceptions settled. (§ 458 Code Crim Pro.) CRIMINAL ACTION. 45 Five to ten days after the service of the last-named notice is the time within which such bill must be noticed for settlement. (§ 458 Code Crim. Pro.) New Trial. Any time before execution, in case of a sentence of death, an application may be made for a new trial. (§ 466 Code Crim. Pro.) One year after judgment is the time within which an appli- cation for a new trial may be made on the ground of newly discovered evidence. (§ 466 Code Crim. Pro.) Judgment. Two days at least after the verdict must be appointed by the court as the time for pronouncing sentence, if it intends to remain in session so long. (§ 472 Code Crim. Pro.) Remission of Fine. Five days' notice to the district attorney must be given before the court can remit a fine. (§ 484 Code Crim. Pro.) Death Penalty. Ten days after the issuing of a death warrant the sheriff must deliver the defendant to the warden of the State prison. (§ 491 Code Crim Pro.) Four to eight weeks after the sentence is the time within which the execution must be appointed to take place. (§ 492 Code Crim. Pro.) Seven days' notice must be given to the district attorney by 4 46 CRIM. PEO. AGAINST CORPORATION — CRIM. STATISTICS. a sherifE who has impaneled a jury to examine into the sanity of the defendant. (§ 496 Code Criui. Pro.) Three days' notice of the execution must be given by the warden to those persons designated by statute to be present. (§ 507 Code Crim. Pro.) Ten days after the execution the certificate of execution must be filed with the clerk of the county where the conviction was had. (§ 508 Code Crim. Pro.) See Appeals. CRIMINAL PROCEEDINGS AGAINST CORPORA- TION. Upon Information. Ten days at least after the issuing thereof the summons must be returnable before the magistrate. (§ 675 Code Crim. Pro.) Five days before the return day the summons must be served. (§ 677 Code Crim. Pro.) Upon Indictment. Five days at least after the issuing thereof the summons must be returnable in court. (§ 681 Code Crim. Pro.) Four days before return day the summons must be served. (§ 681 Code Crim. Pro.) CRIMINAL STATISTICS. Ten days after the adjournment of a criminal court of record the district attorney shall furnish the clerk of the court with a certified statement of all persons con victed thereat. (§ 941 Code Crim. Pro. DAMAGES — DEBTORS. 47 DAMAGES. See Assessment of Damages ; Limitations, Statute of. DEATH OF TENANT FOR LIFE. See Tenant foe Life. DEATH, FEESUMPTION OF. Seven years' absence will raise the presumption of the death of a party upon whose life an estate in real property depends in an action concerning the property. (§ 841 Code Civ. Pro.) Twenty-five years after payment into court of the proceeds of a sale of property in an action of partition all unknown heirs are presumed to have been dead at the time of the sale. (§ 841 Code Civ. Pro.) DEBTORS. Estates of Non-Resident, Absconding, Insolvent or Im- prisoned Debtors. Fourteen days' notice of the sale of the debtor's property by his trustees must be publicly given (R. S. Part II, ch. 5, t. 1, art. 8, § 7), and Txoo weeks' publication of such notice is also necessary- (Id. § 7.) Eighteen months' credit may be allowed the purchaser. (Id. § 7.) Forty days from the first publication of a notice to that ef- fect, all creditors must present their demands. (Id. § 8.) 4:8 DECEDENT. Three weeks' publication of such last-named notice is re- quired. (Id. § 9.) Ten days' notice is required of an application for the ap- pointment of a referee to settle controversies. (Id. § 20 ; Laws 1862, ch. 373.) Fifteen months after their appointment the trustees must call a meeting of the creditors. (R. S. Part II, ch. 5, t. 1, art. 8, § 27.) Two to three months after the first publication of notice thereof, such meeting must be held. (Id. § 27.) Once a week, to the time of the meeting, such notice must be published. (Id. § 27.) Once a year, after the first dividend, the trustees shall de- clare a second one, if necessary. (Id. § 40.) One year after a dividend is declared all unclaimed shares thereof shall be distributed in the next dividend. (Id. § 42.) Ten days after each dividend the trustees must render an account thereof. (Id. § 45.) Six weeks' publication of notice to show cause why a trustee should not renounce his appointment is necessary. (Id. § 54.) DECEDENT. When Representatives may Sue or be Sued. Two years after decedent's death action to recover damages therefor must be begun. (§ 1902 Code Civ. Pro.) DECISION. 49 Eighteen months after letters are issued on the estate of a party dying without the State are not a part of the time limited for beginning an action against decedent. (§ S91 Code Civ. Pro.) One year after death of decedent is not a part of the time limited for commencing an action which decedent was entitled to bring. (§ 402 Code Civ. Pro.) Execution Against Decedent's Estate. Six days' notice of an application for an order allowing ex- ecution to issue against a decedent's estate must be given the administrator or executor (§ 1826 Code Civ. Pro.), and Eight days' notice to personal representatives. (§§ 780, 1381 Code Civ. Pro.) One year after death an execution may issue against estate of decedent ; but three years' 1 delay is required in some cases. (§ 1380 Code Civ. Pro.) See Heirs. DECISION. Twenty days after the close of the term the decision of a court in an action tried without a jury must be filed. (§ 1010 Code Civ. Pro.) Beport of Referee. Sixty days after the cause is finally submitted the referee must file his report or deliver it to one of the parties. (§ 1019 Code Civ. Pro.) 50 DECREE — DEPOSITIONS. Ten days after service of the report of a referee or decision of a court without a jury an exception to a finding of law therein must be taken. (§§ 994, 1001 Code Civ. Pro.) See Arrest ; Attachment ; City Court ; Injunction ; Jus- tices' Courts ; Motion ; Referee ; Trial. DECEEE. See Judgment; Limitations, Statute of; Surrogate's Court. DEFAULT. See Assessment of Damages ; Judgment. DEMUEEEE. See Mandamus ; Pleadings. DEPOSITIONS. Examination "Within State. Five to twenty days before time set for the examination, a copy of the order must be served. (§ 873 Code Civ. Pro.) Ten days after completion the deposition must be filed in the office of the clerk. (§ 880 Code Civ. Pro.) Examination Without State. Five days' notice of the examination must be given with one day in addition for each fifty miles between residence of attorney of adverse party and place for examination. <;§ 899 Code Civ. Pro.) See Justices' Courts. DIRECTOR — DOCUMENTARY EVIDENCE. 51 DIEECTOE. See Limitations, Statute oe. DISOHAEGE. See Assignment ; Execution Against Person ; Insol- vent's Discharge. DISSOLUTION. See Corporation. DISTEICT COUETS, NEW YOEK CITY. See Justices' Courts. DISPOSAL OF STOLEN PEOPEETY. Six months after the conviction of the person stealing it, property not claimed by the owner must be applied for the benefit of the poor. (§ 689 Code Crim. Pro.) DIVOECE. Five years after the discovery of the offence charged an action for divorce must be begun. (§ 175S Code Civ. Pro.) DOCUMENTAEY EVIDENCE. Notary's Certificate of Protest. Ten days after joinder of issue an affidavit must be served to the effect that notice of non-payment has not been received or such certificate will be considered presump- tive evidence. (§ 923 Code Civ. Pro.) Books of Foreign Corporation. Ten days' notice must be given to the adverse party of an 52 DOWEE. intention to present in evidence a copy of the books in- stead of the books themselves. (§ 930 Code Civ. Pro.) Statutes. Six months after a session of the legislature a statute may be read in evidence from a newspaper designated to publish the same. (§ 932 Code Civ. Pro.) Records in New York City. Twenty years after official records are placed on file in New York city, they shall be presumptive evidence of their contents. (§ 955 Code Civ. Pro.) See Tender. DOWEE. Twenty years after the death of her husband an action fo r dower must be commenced by the widow ; but if she is at the time of his death eit her, 1. Within the age of twenty-one years, 2. Insane, or 3. Imprisoned on a criminal charge for a term less than for life, the time of such disability is not a part of the time so limited. (§ 1596 Code Civ. Pro.) Six years is the limit of time for the withholding of her dower during which the widow may claim damages. (§§ 1600, 1603 Code Civ. Pro.) Four months after the death of her husband an action may be brought against a widow to compel the determina- tion of her claim to dower in real property. (§ 1647 Code Civ. Pro.) See Peal Property. ENTRY — EXAMINATION BY MAGISTRATE. 53 ENTKY. See Limitations, Statute of. ESCAPE. See Limitations, Statute of. ESTATE. See Debtors ; Surrogate's Court. EVIDENCE. See Documentary Evidence. EXAMINATION OF WITNESSES. See Depositions. EXAMINATION BY MAGISTEATE. Adjournment. Two days and no longer, unless by consent or on motion of the defendant, may an examination be adjourned. (§ 191 Code Crim. Pro.) Deposition and Statement. Tvjo days after demand the magistrate must furnish the de- fendant a copy of the depositions and statement, or permit him to make a copy. (§ 206 Code Crim. Pro.) Five days after a defendant is discharged or held to answer the magistrate must return the depositions and other- papers to the court having power to inquire by the in- tervention of a grand jury into the offence charged (§ 221 Code Crim. Pro.) 54 EXCEPTIONS — EXECUTION AGAINST PERSON. Conditional Examination of Witness. Two days before such an examination, on behalf of the people a copy of the order with notice of the time and place shall be served on the defendant. (§ 219 Code Crim. Pro.) EXCEPTIONS. To report a Decision. Ten days after service of the report of a referee or decision of a court without a jury, an exception to a finding of law therein must be taken. (§§ 994, 1001 Code Civ. Pro.) Eight days after service of notice of filing of a report in a reference other than for the trial of issues or for com- puting the amount due in foreclosure cases, exceptions thereto must be filed and served. (Rule 30, General Rules.) See Appeals ; Refeeee. EXECUTION AGAINST PERSON. Time of Imprisonment. Three months is the limit of imprisonment under an execu tion against a person to enforce the recovery of a sum of money less than $500. (§ 111 Code Civ. Pro.) Six months is the limit where the sum of money exceeds $500. (§ 111 Code Civ. Pro.) Six months is the limit of imprisonment within the jail liberties of any jail upon any execution or other man- date against the person. (§111 Code Civ. Pro.) EXECUTION AGAINST PERSON. 55 Bail. Fifteen days after an execution against the person is issued, if retnmed unexecuted, action may brought against the bail. (§ 597 Code Civ. Pro.) Twenty days after action is commenced, the court may re- lieve the bail if defendant is under arrest in a criminal action. (§ 600 Code Civ. Pro.) Discharge of Judgment Debtor. Thirty days after imprisonment the debtor may be dis- charged by notice from the judgment creditor to the sheriff. (§ 1494 Code Civ. Pro.) Three months after imprisonment, where the execution was for more than five hundred dollars, the debtor may petition for discharge. (§ 2202 Code Civ. Pro.) At any time he may so petition, where the execution was for less than five hundred dollars. (§ 2202 Code Civ. Pro.) Fourteen days' notice of such petition must be given each creditor. (§ 2205 Code Civ. Pro.) Three months from the presentation of the petition, and not later, the same must be heard. (§ 2209 Code Civ. Pro.) Three months after a prisoner was entitled to apply for his discharge, and he has not done so, nor applied to be discharged from his debts, the judgment creditor may require him by written notice to apply for his discharge from imprisonment. (§ 2216 Code Civ. Pro.) 56 EXECUTION AGAINST PROPERTY. Thirty days after service of such a notice, if the prisoner does not comply therewith or apply to be discharged from his debts, he is forever barred from such latter application. (§ 2217 Code Civ. Pro.) Liability for Hon- Arrest. Twenty days after the execution is issued, the defendant must be arrested or the marshal is liable. (§ 1407 N. Y. City Consol. Act.) See Arrest ; City Court ; Justices' Courts. EXECUTION AGAINST PROPERTY. In Court of Record. Sixty days after it is issued it must be returned. (§ 1366 Code Civ. Pro.) Twenty days after it is issued in New York city an execu- tion must be returned or renewed. (§ 1399, 1102 N. Y. City Consol. Act.) Five years after the entry of a judgment execution may be issued thereon as of course. (§ 1375 Code Civ. Pro.) Ten days' notice of a judgment obtained against New York city must be given the comptroller before execution thereupon can issue. (§ 1106 N. Y. City Consol. Act.) Twenty days' notice to the occupants of land sought to be recovered and to the representatives of a deceased party against whom a judgment for the recovery of real property has been obtained must be given of an execu- tion to be issued thereupon. (§ 1376 Code Civ. Pro.) EXECUTION AGAINST PEOPEETT. 57 Five years after judgment representatives of a deceased plaintiff or assignee of judgment may issue execution as of course. (§ 1376 Code Civ. Pro.) Five years after judgment execution against property can issue when one issued within five years was returned wholly or partly unsatisfied or where court grants leave to issue it. (§ 1377 Code Civ. Pro.) Ten days after service of a copy of an order directing a sum of money to be paid, and not fixing a time for such payment, an execution may be issued. (§ 779 Code Civ. Pro.) Sale Under Execution. Six days' notice of the sale of personal property must be given by posting notice thereof. (§ 1429 Code Civ. Pro.) Forty-two days before the sale of real property notice thereof must be posted. (§§ 1434, 1678 Code Civ. Pro.) Three to six weeks such notice must be published. (§§ 1434, 1 678 Code Civ. Pro.) Four weeks such sale may be adjourned. (§ 1678 Code Civ. Pro.) Ten days after the sale the sheriff must file a certificate of sale with the clerk and deliver one to the purchaser. (§ 1439 Code Civ. Pro.) Twenty days after the entry of a judgment declaring null and void the title of a purchaser of real property, the plaintiff in an action shall pay to the grantee or pur- 58 EXECUTION AGAINST PROPERTY. chaser the money which was paid upon the sale with the proper costs, (§ 1440 Code Civ. Pro.) Bond of Indemnity. Two days after an undertaking is given to indemnify an officer he must file the same with the clerk. (§ 1419 Code Civ. Pro.) Two days after receiving the bond the officer must serve notice of justification to be had two to five days later. (§ 1419 Code Civ. Pro.) Ten days before judgment by default, an officer must give notice of an action brought against him to all persons liable to be substituted, or he can not subsequently pro- ceed against them. (§ 1427 Code Civ. Pro.) Redemption of Real Property. One year after the sale the debtor or his heirs or grantees may redeem it. (§§ 1446, 1447, 1458, 1459 Code Civ. Pro.) Three months thereafter a creditor of the debtor may re- deem it. (§§ 1449, 1450 Code Civ. Pro.) Twenty-four hours after redemption by one creditor a second creditor may redeem from the first although fifteen months from the sale have elapsed. (§ 1454 Code Civ. Pro.) Fifteen months after the sale, if no redemption has taken place, the sheriff must execute the proper deed to the party entitled to the property. (§ 1471 Code Civ. Pro.) See Decedent ; Heirs ; Justices' Courts. EXECUTOR — FINK. 59 EXECUTOE. See Surrogate's Court. EXEMPT PROPERTY. One year after the collection of damages awarded by a judgment for taking or injuring personal property ex- empt by law from levy and sale under an execution such damages are themselves exempt. (§ 1394 Code Civ. Pro.) Three days before the sale of land set apart as a family burying-ground a notice that exemption is claimed therefor must be recorded. (§ 1396 Code Civ. Pro.) One year's absence from an exempt homestead will not affect its right to exemption. (§ 14.01 Code Civ. Pro.) One year after the receipt of money not exceeding $1,000, by a judgment debtor representing his interest in the proceeds of the sale of an exempt homestead, such money is itself exempt. (§ 1403 Code Civ. Pro.) FALSE IMPRISONMENT. See Limitations, Statute of. FINDINGS. See Decision ; Referee. FINE. Proceedings to Collect. Sixty days after the receipt of the warrant by the sheriff he 60 FORECLOSURE. must return it at the next term of the proper court. (§ 2297 Code Civ. Pro.) Money Received. Thirty days after a district attorney receives money upon a fine he must pay it to the county treasurer. (§ 1967 Code Civ. Pro.) Thirty days after the receipt of fines by the sheriff of New- York county he must pay them to the comptroller. (§ 1581 N. Y. City Consol Act.) Remitting Pine. Two days' notice of an application to remit a fine must be given to the district attorney of the county where the conviction was had. (§ 1490 N. Y. City Consol. Act.) See Contempt of Couet. FORECLOSTJKE. Lis Pendens. Twenty days before final judgment, plaintiff must file Us pendens. (§ 1631 Code Civ. Pro.) Sixty days after filing the lis pendens the summons must be served or the publication thereof commenced. (§ 1670 Code Civ. Pro.) Surplus Moneys. Three months after surplus is paid into court it may be in- vested, if unclaimed, by order of the court. (§ 1633 Code Civ. Pro.) FORECLOSURE BY ADVERTISEMENT. 61 Five days after the proceeds of a sale are received surplus moneys must be paid to the county treasurer or cham- berlain of New Fork city. (Rule 61, General Rules.) Stay of Sale. Two days' notice of an application to stay the sale must be given to the plaintiff's attorney. (Rule 67, General Rules.) See Lis Pendens. FORECLOSURE BY ADVERTISEMENT. Notice of Sale. Twelve weeks in succession, once a week, immediately pre ceding the sale, the notice must be published. (§ 2388 Code Civ. Pro.) Eighty-four days before the sale the notice must be posted. (§ 2388 Code Civ. Pro.) Eighty-four days before the sale a copy of the notice must be delivered to the clerk of each county wherein any part of the property is situated. (§ 2388 Code Civ. Pro.) Fourteen days before the sale a copy of the notice must be served upon the mortgagor, his wife, widow, executor or grantee. (§ 2389 Code Civ. Pro.) Twenty-eight days' similar service is required if any of the last named persons are without the State. (§ 2389 Code Civ. Pro.) Fourteen days before the sale a copy of the notice must be served personally on any other person (§ 2389 Code Civ. Pro.), out 5 62 FORFEITURES — FUGITIVES FROM JUSTICE. Twenty-eight days' service on such person by mail is re- quired. (§ 2389 Code Civ. Pro.) Notice of Postponement. Once a week until the time of the sale the notice of post- ponement must be published. (§ 2392 Code Civ. Pro.) Surplus Moneys. Ten days after the receipt of any money from the sale the surplus must be paid into court. (§ 2404 Code Civ. Pro.) Twenty days after the sale any party entitled to a part of the surplus may petition the court therefor. (§ 240C Code Civ. Pro.) Eight days' notice of such application must be given to other petitioners and to each person served with a notice of sale. (§ 2406 Code Civ. Pro.) FOKFEITUKES. See Limitations, Statute of. FRAUD. See Limitations, Statute of. FRIVOLOUS PLEADING-. See Pleadings. FUGITIVES FROM JUSTICE. Thirty days after the date of a warrant by the governor for the arrest of a fugitive from another State, the officer GENERAL ASSIGNMENT — GEAND JUKT. 63 to whom the warrant was directed must return it, with a statement of all his proceedings, to the governor. (§ 827 Code Crim. Pro.) Thirty days is the period during which a magistrate may- hold a fugitive from another State to await a requisi- tion from the governor thereof. (§ 830 Code Crim. Pro.) Thirty days from the date of arrest is the limit of time for which such fugitive may be admitted to bail by the magistrate. (§ 831 Code Crim. Pro.) GENERAL ASSIGNMENT. See Assignment. GENERAL TERM. See Appeals. GRAND JURY. Twenty days before the terra of court for which a grand jury is ordered a copy of the order must be filed with the county clerk. (§ 227 Code Crim. Pro.) Fourteen days before the term of court the grand jury must be drawn. (§ 238 Code Crim. Pro.) Once each year the board for the selection of grand jurors shall meet. (§ 1639 N. T. City Consol. Act.) Fifteen days after the first meeting, the board must make their selections. (§ 1641 N. Y. City Consol. Act.) 64 GUARDIAN — HEALTH, BOAED OF. GUARDIAN". See Surrogate's Court. GUARDIAN AD LITEM. Twenty days after personal service of the summons upon an infant over fourteen years of age he may apply personally for the appointment of a guardian ad litem. (§ 471 Code Civ. Pro.) Twenty days after the service of the summons upon a guardian ad litem for an infant defendant without the State is the time allowed such guardian to appear or answer. (§ 473 Code Civ. Pro.) Twenty days after the appointment of a guardian ad litem, and not sooner, judgment by default may be taken against an infant defendant. (§ 1218 Code Civ. Pro.) HABEAS CORPUS. Twenty-four hours' 1 time in which to make the return after serviee is allowed for every twenty miles between the place of service and the place to make the return. (§ 2006 Code Civ. Pro.) Eight days' notice of hearing must be given the person interested in the confinement of the prisoner or the district attorney. (§ 2038 Code Civ. Pro.) HEALTH, BOARD OF. Thirty days after the transfer of a tenement or lodging- house, a notice thereof must be filed with the board of health (§ 657 K Y. City Consol. Act), and PKOBATE OF. 65 Thirty days after the death of an intestate or after the pro- bate of a will, the heirs or devisees of a tenement must file such a notice. (§ 657 N. T. City Consol. Act.) Five days before the performance of an act is required by the board of health a notice thereof must be posted in the building affected thereby. (§ 657 K Y. City Consol. Act.) Ten days after an order to that effect has been mailed and posted by the board of health a condemned building must be vacated. (§ 659 K Y. City Consol. Act.) HEARING. See Argument ; Notice of Motion. HEIRS. Action against by Creditors. Three years after the death of the decedent, if no letters have been granted within the State, an action against the heirs on the decedent's debts may be commenced. (§ 1844 Code Civ. Pro.) Three years after letters have been granted such an action must be commenced. (§ 1844 Code Civ. Pro.) One year after judgment in such an action an execution may issue against an infant heir. (§ 1858 Code Civ. Pro.) See Partition. HEIRSHIP, PROBATE OF See Surrogate's Court. 66 IMPEACHMENTS INSOLVENT'S DISCHARGE. IMPEACHMENTS. Thirty to sixty days from the day of delivery of articles of impeachment, the court for the trial thereof must meet. (§ 17 Code Crim. Pro.) Twenty days before the day fixed for the meeting of the court a copy of the articles of impeachment must be served upon the defendant. (§ 119 Code Crim. Pro.) IMPRISONMENT, FALSE See Limitations, Statute of INFANT. See Guardian Ad Litem ; Surrogate's Court. INJUNCTION. Twenty days after submission of an application to obtain, vacate, modify or set aside an injunction order, the court must decide the same. (§ 719 Code Civ. Pro.) See Papers. INJURIES, ACTIONS FOR See Limitations, Statute of INQUIRY, WRIT OF. See Assessment of Damages. INSOLVENT'S DISCHARGE. Ten weeks in succession, once each week, an order to show cause why an insolvent should not be discharged must be published, if any of the creditors live more than one hundred miles from the place where the order is re- turnable. (§ 2165 Code Civ. Pro.) INSOLVENT ASSIGNMENTS — INSTRUMENTS, ACTIONS ON. 67 Six weeks' publication only is required if all the creditors live within one hundred miles. (§ 2165 Code Civ. Pro.) Twenty days' service of the order, personally, must also be made on each creditor (§ 2165 Code Civ. Pro.), or Forty days' service by mail must be made. (§ 2165 Code Civ. Pro.) Three weeks before the bearing a copy of an order requiring the insolvent to produce his wife, who resides without the State, for examination, must be served upon him. (§ 2171 Code Civ. Pro.) Three years after the assignment, a contingent interest vest- ing in the debtor, vests in the trustees. (§ 2177 Code Civ. Pro.) Three months after the discharge all papers must be recorded in the office of the clerk. (§ 2181 Code Civ. Pro.) One year after his discharge, the petitioner may apply to the court to have a judgment against him discharged of record. (§ 2182 Code Civ. Pro.) See Debtors. INSOLVENT ASSIGNMENTS. See Assignment. INSTKTTMENTS, ACTIONS ON. See Limitations, Statute op. 68 INTEEEOGATOKIES JUDGE. INTERROGATORIES. See Commission ; Depositions. INVENTORY. See Assignment ; Attachment ; Sueeogate's Couet. IRREGULARITY. See Judgment. IRRELEVANCY. See Pleadings. ISSUE, NOTE OF. See Note of Issue. JOINT DEBTORS. Thirty days after filing a statement showing the parties having an interest in a partnership for the transporta- tion of passengers or property such statement is con- elusive, and only the persons named therein can be made defendants in an action against the partnership. (§ J945 Code Civ. Pro.) JUDGE. Ten days are allowed a judge of a court of record after entering upon his official duties to file with the Secre- tary of State a certificate stating his age and the time when his official term will expire. (§ 54 Code Civ. Pro.) ■ JUDGMENT. 69 Five years is the term of office for which justices shall be designated to sit as justices of an appellate division, except the presiding justice of each department, who shall act as such during his term of office. (§ 220 Code Civ. Pro.) JUDGMENT CREDITOR'S ACTION. Undertaking. Two days' notice of the justification of the sureties to an undertaking given by the defendant to release real estate must be given. (§ 1674 Code Civ. Pro.) Exempt Earnings. Sixty days' 1 earnings next before the commencement of the action are exempt from levy and sale under execution. (§ 1879 Code Civ. Pro.) JUDGMENT. Entering Judgment. Twenty days after service of the summons is made, other- wise than personally, the plaintiff may apply to the court for judgment if the defendant has not appeared. (§1216 Code Civ. Pro.) Twenty days after the appointment of a guardian ad litem judgment by default may be taken against an infant defendant. (§ 1218 Code Civ. Pro.) Five days' notice of the time and place of an assessment by the clerk must be given a defendant who has appeared personally, but has made default in pleading (§ 1219 Code Civ. Pro.), and 70 JUDGMENT. Eight days' notice of the application for judgment must be given. (§ 1219 Code Civ. Pro.) Five days' notice of the time and place of the execution of a reference or writ of inquiry must be given to a de- fendant in an action where an application to the court is required. (§ 1219 Code Civ. Pro.) Four days after the entry of an order by an appellate division refusing a new trial, judgment may be taken. (§ 1227 Code Civ. Pro.) Lien. Ten years a judgment remains a lien on real estate. (§ 1251 Code Civ. Pro.) Satisfaction. Two years after entering, a satisfaction may be executed by the attorney of record of the judgment-creditor. (§ 1260 Code Civ. Pro.) Two years after a bankrupt is discharged from his debts he may apply to the court to have a judgment, against him cancelled. (§ 1268 Code Civ. Pro.) Confession of Judgment. Three years after the defendant's statement is verified it may be filed with the county clerk. (§ 1275 Code Civ. Pro.) Vacating a Judgment. One year after entry a motion to vacate for irregularity may be heard. (§ 1282 Code Civ. Pro.) Two years after entry a motion to vacate for error in fact JUBOES. 71 not arising on the trial may be heard. (§ 1290 Code Civ. Pro.) Five years may be added to the time limited as above for moving to set aside a judgment when the person entitled to make the motion was at the time judgment was ren- dered against him either, 1. Within the age of twenty-one years ; or 2. Insane ; or 3. Imprisoned on a criminal charge, or in execution, upon conviction of a criminal offence, for a term less than for life ; but in no case can the time be extended more than one year after the disability ceases. (§ 1291 Code Civ. Pro.) One year after a judgment or order is taken against a party through his mistake, neglect, etc., the court may relieve him therefrom. (§ 724 Code Civ. Pro.) Action upon Judgment. Ten years after docketing, an action upon a judgment may be commenced. (§ 1913 Code Civ. Pro.) See Appeals ; Abrest ; City Couet ; Guardian Ad Litem Justices' Courts ; Offer or Judgment. JUKOPS. Drawing of Jurors. Fourteen to twenty days before the term, the jury to serve thereat must be drawn. (§§ 1042,1099,1140 Code Civ. Pro.) Six days before drawing clerk must publish a notice thereof- (§§ 1043, 1100 Code Civ. Pro.) 72 JUEOES. Three days before drawing clerk must serve notice thereof upon the sheriff, county judge, etc. (§ 1043 Code Civ. Pro.) Six days before the term the sheriff or commissioner of jurors must serve notice to attend upon jurors. (§§ 1048, 1106 Code Civ. Pro.) Twenty day* before term an order of the court, for the drawing of additional jurors, must be delivered to the clerk. (§ 1057 Code Civ. Pro.) Three days' 1 notice to attend must be given jurors in Kings County. (§ 1129 Code Civ. Pro.) Service. Twenty-five hours' notice must be given a person to attend before a commissioner to testify concerning his own or another's liability. (§ 1095 Code Civ. Pro.) Twelve days' 1 service only, in a jury year, is required in New York city. (§ 1084 Code Civ.' Pro.) Three days a juror, in New York city, may be excused during the term. (§ 1085 Code Civ. Pro.) One year after the selection of a person to act as a juror in a District Court in New York city, he is excused from "jury duty in courts of record. (§ 1661 N. Y. City Consol. Act.) Six days' service only, at a term, is required of trial jurors in Kings County. (§ 1129 Code Civ Pro.) One week after the close of the term the county clerk of JURORS. 73 Kings County must make a return to the commissioner of the jurors who served thereat. (§ 1131 Code Civ. Pro!) Ten days after close of term each court clerk, in New York city, must make a return to the commissioner of jurors who served thereat. (§ 1089 Code Civ. Pro.) Fining Jurors. Ten days after a juror is fined by a judge of a District Court in New York city, for non-attendance, the clerk of such court shall transmit a certificate of the same to the commissioner. (§ 1111 Code Civ. Pro.) Thirty days' imprisonment may be imposed upon the delin- quent juror, in New York city, who does not pay his fine. (§ 1117 Code Civ. Pro.) Once every three months the corporation counsel of New York city shall report to the mayor the number and names of the jurors fined (§ 1119 Code Civ. Pro.), and Ten days thereafter the mayor shall publish such report in the City Eecord. (§ 1119 Code Civ. Pro.) Twenty-four hours after a trial juror has been approached by outside parties with a view to secure his exemption from jury duty, for a reward, he must notify the com- missioner of jurors, or he is guilty of a misdemeanor. (§ 1124 Code Civ. Pro.) Three days' notice must be given by the commissioner of Kings County to each delinquent trial juror, requiring 74 JURY LIST. him to show cause why his fine should be remitted. (§ 1154 Code Civ. Pro.) Ten days after the disposition of each case by the board the commissioner of Kings county must file a return con- taining the name of each juror fined whose fine remains unpaid. (§ 1155 Code Civ. Pro.) Ninety days after the said commissioner receives a precept from the clerk, commanding him to levy and enforce the collection of each fine, he must return it. (§ 1135 Code Civ. Pro.) Thirty days after the service of a notice of a fine upon a person notified to attend as a juror in a special proceed- ing, the officer imposing the fine must make a special return of the delinquency for which the fine was imposed, if he has not remitted it. (§ 1198 Code Civ. Pro.) Special Jury. Eight days' notice of the drawing of a special jury must be given. (§ 1064 Code Civ. Pro.) Foreign Jury. Twenty days before the term the sheriff must notify the county clerk or commissioner of jurors that a foreign jury is to be drawn. (§ 1070 Code Civ. Pro.) See Grand Jurt; Trial. JUEY LIST. Once every three years new list to be made. (§ 1035 Code Civ. Pro.) 75 Ten days after a meeting therefor list to be filed with the county clerk. (§ 1037 Code Civ. Pro.) Ten days after list is filed town clerk shall deliver copies to justices. (§ 2990 Code Civ. Pro.) Once each year commissioner of jurors in New York city shall prepare list (§§ 1094, 1096 Code Civ. Pro.), and Ten days' publication of the same shall be required. (§ 1094 Code Civ. Pro.) Once each year the commissioner of jurors in Kings county must prepare a jury list. (§ 1135 Code Civ. Pro.) Ten days' publication of such list is required. (§ 1136 Code Civ. Pro.) JUSTICES' COUETS. Summons. Six to twelve days after the date of issue the summons must be made returnable. (§ 2S77 Code Civ. Pro.) Six days before the return day the summons must be served. (§ 2878 Code Civ. Pro.) Two to four days from its date the summons in the Dis- trict Courts of New York City shall be returnable, when the defendant is a non-resident of the city (§ 1298 1ST. T. City Consol. Act), and Two days before the return day, the summons must be served. (§ 1298 N. Y. City Consol. Act.) Twelve days from its date in other cases the summons shall be returnable (§ 1298 N. Y. City Consol. Act), and 76 Six days before the return day, it must be served. (§ 1298 N. Y. City Consol. Act.) Thirty days before the issuing of a summons, a domestic railroad corporation, express company or insurance company must have filed a designation of a person residing in the county upon whom a justice's process may be served, or service may be made upon any agent in the county. (§§ 2880, 2881 Code Civ. Pro.) Twenty days after the issuing of a summons not served a second summons may be issued. (§ 2883 Code Civ. Pro.) Twenty days after the issuing of the second summons a third summons may be issued. (§ 2883 Code Civ. Pro.) Arrest. One hour after the defendant is brought before the justice, a plaintiff who has been notified must appear. (§ 2899 Code Civ. Pro.) Twelve hours' and no longer, a defendant may be kept in custody unless within that time a venire is issued or the trial commenced. (§ 2900 Code Civ. Pro.) Two days' notice of an application to discharge the defend- ant from arrest must be given. (§ 2901 Code Civ. Pro.) Attachment. Six months' absence from the United States by a resident of the State will entitle a plaintiff to a warrant of attachment against the property of the absentee. (§ 2906 Code Civ. Pro.) justices' courts. 77 Six days before the return day of the summons the attach- ment must be executed. (§§ 2907, 2909, Code Civ. Pro.) Two to four days before the return day of the summons, in the District Courts of New York city, the property must be attached, where the defendant is a non-resident. (§ 3210 Code Civ. Pro.) Six days before the return day of the summons the warrant, inventory and summons must be served upon the de- fendant. (§ 2910 Code Civ. Pro.) Six months' undertaking may be given by the defendant to release the attachment. (§ 2911 Code Civ. Pro.) Three months' undertaking must be given by a claimant not a party to the action to the effect that he will com- mence an action to establish his ownership of the property. (§ 2912 Code Civ. Pro.) Replevin. Six days before the return day of the summons the replevy must be made. (§ 2921 Code Civ. Pro.) Two to four days before the return day of the summons, in the District Courts of New York city, the property must be replevied, where the defendant is a non-resi- dent. (§ 3210 Code Civ. Pro.) Six days before the return day of the summons the consta- ble must serve the summons, affidavit and requisition. (§ 2922 Code Civ. Pro.) 6 78 JUSTICES COURTS. Two days before the return day the defendant may except to the plaintiffs' sureties. (§ 2924 Code Civ. Pro.) Three months after the delivery of the chattel replevied to the plaintiff an outside claimant who has served the proper affidavit may issue summons in action against the constable. (§ 2929 Code Civ. Pro.) Three months after the issuing of the summons it must be served. (§ 2929 Code Civ. Pro.) Joinder of Issue. One hour after the time specified in the summons issue must be joined. (§§ 2893, 2934 Code Civ. Pro.) Pleadings. Twenty days after the defendant who has raised a petition that the title to real property will come in question de- livers to the justice a written undertaking, the plain- tiff must deposit with the justice a summons and com- plaint in a new action in the proper court, the under- taking of the defendant being to the effect that within twenty days after the deposit he will admit service thereof, (§ 2952 Code Civ. Pro.) Adjournment. Might days from the joining of issue trial may be adjourned upon motion of the justice or plaintiff or to draw a jury, unless in the latter ease the parties consent to a longer adjournment. (§§ 2959, 2960, 2991 Code Civ. Pro.) Eight days' adjournment may be granted in the District 79 Courts of New York City (§ 1362 N. Y. City Consol. Act), but Two days' adjournment only where defendant is under arrest. (§ 1362 N". Y. City Consol. Act.) Ninety days' adjournment maybe secured by the application of either party on the ground of material evidence. (§ 1364 N. Y. City Consol. Act.) Ten days' undertaking, dated from the recovery of judg- ment, must be given by the defendant upon motion for adjournment if the plaintiff so demands. (§ 2962 Code Civ. Pro.) Tendays' undertaking, dating from judgment, must be given by a defendant, who has been arrested, upon motion for adjournment if he desires to be released from custody. (§ 2963 Code Civ. Pro.) Five days' 1 adjournment may be granted by the justice where a warrant of attachment is issued to compel the attendance of a witness. (§ 2967 Code Civ. Pro.) Ninety days from the joinder of issue, unless by the con- sent of both parties, the trial shall not be adjourned, except to procure a new jury; an adjournment because of a defaulting witness not being a part of such time. (§ 2968 Code Civ. Pro.) Attendance of a Witness. Five days after judgment the justice, upon application, must issue a wan-ant against a defaulting witness. (§ 2975 Code Civ. Pro.) 80 justices' coukts. Twelve days after issuing the warrant it must be returned. (§ 2975 Code Civ. Pro.) Thirty days' imprisonment may be imposed by the justice for the neglect on the part of a defaulting witness to pay a fine. (§ 2977 Code Civ. Pro.) Ten days after the receipt of the fine it must be paid over for the benefit of the poor. (§ 2978 Code Civ. Pro.) Commission to Take Testimony. Six days' notice of an application for the commission must be given where such application is made after the join- der of isssue. (§ 2982 Code Civ. Pro.) Trial. Three days before trial constable must notify jurors to at- tend. (§ 2993 Code Civ. Pro.) Thirty-six hours after issuing attachment therefor delin- quent jurors must be brought before the justice. (§ 2996 Code Civ. Pro.) Forty-eight hours after a jury is discharged for disagree- ment a new venire must be returnable. (§ 3008 Code Civ. Pro.) Eight days after submission of a case to a District Court justice, without a jury, he may certify that the same should be tried by a jury. (§ 1372 K Y. City Consol. Act.) Eight days after certifying, such jury must try the cause. (§ 1372 1ST. T. City Consol. Act.) justices' couets. 81 Eight days after an issue of fact is submitted to the justice he must render his decision. (§ 1384 N. Y. City Consol. Act.) Judgment. One hour after the return of the summons or hour of ad- journment judgment may be taken by default. (§ 3013 Code Civ. Pro.) Six years after judgment is rendered a transcript thereof may be filed in the county clerk's office. (§ 3017 Code Civ. Pro.) Execution Against Property. Five years after judgment execution thereon may be issued by the justice. (§§ 3024, 3027 Code Civ. Pro.) Sixty days after it is dated an execution must be made returnable. (§§ 3025, 3027 Code Civ. Pro.) Six days before the sale of personal property, taken by a constable under an execution, notice thereof must be posted. (§ 3029 Code Civ. Pro.) Five days after the return day of an execution to recover a sum of money only, if the constable fails to return it, the defendant may recover the amount thereof from the constable. (§ 3039 Code Civ. Pro.) Execution against Person. Thirty days after being taken into custody a person imprisoned under the justice's execution must be released if he has a family within the State. (§ 3033 Code Civ. Pro.) 82 justices' courts. Sixty days he may be kept otherwise. (§ 3033 Code Civ. Pro.) Fifteen days a defendant may be imprisoned under an execution against the person in an action for wages earned by a female employee in the District Courts of jSTew York city. (§ 3221. Code Civ. Pro.) Appeals. Twenty days after judgment or service of notice thereof an appeal must be taken. (§ 3046 Code Civ. Pro.) Five years after the entry of judgment an appeal cannot be taken in any case. (§ 3u46 Code Civ. Pro.) Ten days after service of a copy of a l undertaking on appeal the defendant may except to the sureties. (§ 3050 Code Civ. Pro.) Ten days thereafter the sureties must justify. (§ 3050 Code Civ. Pro.) Five days' notice of the justification must be given. (§ 3050 Code Civ. Pro.) Ten to thirty days after the service of the notice of appeal the justice must make his return. (§ 3053 Code Civ. Pro.) Six days' notice of an application for ail order for restitu- tion must be given where the judgment of the justice is reversed or modified. (§ 305S Code Civ. Pro.) Twenty days after the service of the notice of appeal the respondent may stipulate that the judgment be justices' codets. 83 reversed, in a case where a new trial is not demanded in the appellate court. (§ 3062 Code Civ. Pro.) Eight days' notice of trial of the appeal must be given. (§ 3062 Code Civ. Pro.) Amending Justices' Return. Twenty days after the certificate of the County Court, where the latter can not hear an appeal from a justice's judgment, notice of motion to compel the justice to amend his return must be given. (Rule 46, General Rules.) Appeal for a New Trial in Appellate Court. Fifteen days after the service of the notice of appeal, or at any time after the action is deemed to be at issue in the appellate court, either party may offer to allowjudg- ment to be rendered against him. (§§ 3070, 3072 Code Civ. Pro.) Ten days after the offer is made it must be accepted. (§§ 3070, 3072 Code Civ. Pro.) Ten days from the filing of the justice's return the action is deemed to be at issue in the Appellate Court. (§ 3071 Code Civ. Pro.) Strays Upon Highways. Ten to twenty days after the issuing of a precept directing the owner of a stray to show cause why it should not be sold, such precept must be returnable. (§ 3087 Code Civ. Pro.) Six days before the return day thereof the precept must be personally served. (§ 3088 Code Civ. Pro.) 84 justices' courts . Five days before the return day thereof the precept must be served by posting. (§ 3088 Code Civ. Pro.) One hour after the return time of the precept the justice must await the appearance of both parties. (§ 3089 Code Civ. Pro.) Ten to twenty days after an order of sale is made the con- stable must hold the sale and make his return. (§ 3091 Code Civ. Pro.) Six days' notice of sale must be posted by the constable. (§ 3091 Code Civ. Pro.) Ten days after the return of the warrant any person may file a claim to the surplus of the proceeds of the sale. (§ 3093 Code Civ. Pro.) On the eleventh day after the return, or on the next legal day thereafter, the justice must determine the claims. (§3093 Code Civ. Pro.) Thirty days' adjournment of the hearing may be granted. (§ 3093 Code Civ. Pro.) One year after the return of the warrant any person may file a claim to any part of the surplus still undistributed. (§ 3093 Code Civ. Pro.) One year after the return of the warrant any surplus re- maining must be paid over for the benefit of the poor. (§ 3094 Code Civ. Pro.) Ten days after the year has expired the justice must finally determine all claims to the surplus before him. (§ 3094 Code Civ. Pro.) JUSTICES OF THE PEACE IN BROOKLYN. 85 Ten days after an order determining a claim is made an appeal therefrom must be taken. (§ 3095 Code Civ. Pro.) Three days before the sale, and at any time after the final order, the owner of a stray may demand possession upon complying with certain requirements. (§ 3101 Code Civ. Pro.) Ten days after a final order upon a petition is made an appeal must be taken. (§ 3104 Code Civ. Pro.) Three days' adjournment of a hearing to determine the amount due in an undertaking may be had. (§ 3106 Code Civ. Pro.) Removal of Justice. Ten days after notice of his removal a justice must deposit his docket and other books and papers with the town clerk. (§ 3144 Code Civ. Pro.) Recovery of Costs. Five years after entry, in an action brought upon a judg- ment of a justice of the peace, no costs can be recov- ered, unless the said justice is dead, out of office, in- capable of acting, or removed from the county, or unless one of the parties has died, or unless the docket is lost or destroyed. (§ 3154 Code Civ. Pro.) JUSTICES OF THE PEACE IN BROOKLYN. Six days the clerk may adjourn a case when the justice is absent, unless a longer time is agreed upon by both parties. (§ 3120 Code Civ. Pro.) 86 JUSTIFICATION OF SURETIES — LIMITATIONS, STATUTE OF. Twenty days after judgment by default was rendered the justice may open the default. (§ 312S Code Civ. Pro.) Fifteen days a defendant may be imprisoned on an execu- tion against the person in an action for wages earned by a female employee. (§ 3131 Code Civ. Pro.) JUSTIFICATION OF SUKETIES. See Appeals ; Arrest ; Attachment ; Bond ; City Court ; Justices' Courts; Replevin; Surrogate's Court. LEGACY ; LEGATEES. See Surrogate's Court. LETTERS. See Surrogate's Court. LIBEL. See Limitations, Statute of. LIEN. See Mechanic's Liens ; Judgment. LIMITATIONS, STATUTE OF. Actions by or against Administrators, Executors, etc. Three years after the cause of action accrues an action against an executor, administrator, receiver or trustee of an insolvent debtor to recover a chattel or damages for injury to personal property, must be begun. (§ 383 Code Civ. Pro.) LIMITATIONS, STATUTE OF. 87 Eighteen months after the issuing of letters upon the death of a person without the State, and the time which lapses between his death and the issuing of such letters is not a part of the time limited for the commencement of an action against his executor or administrator. (§ 391 Code Civ. Pro.) Six years after the death of the testator or intestate letters are deemed to have been issued, for the purpose of computing the time for commencing an action by an administrator or executor to recover a chattel. (§ 392 Code Civ. Pro.) One year after his death and after the expiration of the time limited for commencing an action, the action may be commenced by the representatives of one who died during the time he was entitled to maintain the action. (§ 402 Code Civ. Pro.) Eighteen months after the death within the State of a per- son against whom a cause of action exists, or of a person who shall have died within sixty days after an attempt shall have been made to commence an action against him, is not a part of the time limited for the commencement of an action against his executor or administrator. If letters testamentary or letters of administration upon his estate are not issued within the State at least six months before the expiration of the time to bring the action as extended by the foregoing provision, the term of one year after such letters are issued, is not a part of the time limited for the com- mencement of such an action. (§ 403 Code Civ. Pro.) 88 LIMITATIONS, STATUTE OF. Assault and Battery. Two years after the cause of action accrues an action to re- cover damages for libel, slander, assault, battery, seduction, criminal conversation, false imprisonment or malicious prosecution, must be begun. (§ 384 Code Civ. Pro.) Chattels, Action to Becover. Six years after the cause of action accrues an action to re- cover a chattel must be begun. (§ 382 Code Civ. Pro.) See Administrator, etc., hereunder. Constable . Three years after the cause of action accrues an action against a constable upon a liability incurred by him in doing an official act or by the omission of an official duty, except an escape, must be begun. (§ 383 Code Civ. Pro. See Escape, Execution, hereunder. Contract. Six years after the cause of action accrues an action upon a contract other than a judgment or a sealed instru- ment, must be begun. (§ 382 Code Civ. Pro.) Coroner. One year after the cause of action accrues an action against a coroner upon a liability incurred by him in doing an official act or by the omission of an official duty, except the non-payment of money collected upon an execu- tion, must be begun. (§ 385 Code Civ. Pro.) See Execution, hereunder. LIMITATIONS, STATUTE OF. 89 Criminal Actions. Any time after the death of the person killed a prosecution for murder may be commenced. (§ 141 Code Crim. Pro.) Five years after the commission of a felony other than murder, or two years after the commission of a misde- meanor, is the limit of time within which an indictment therefor may be found; but time during which defend- ant is out of the state is not a part of such limitation. (§ 142 Code Crim. Pro.) Criminal Conversation. See Assault, hereunder. Director or Stockholder. Three years after the cause of action accrues an action must be brought against a stockholder or director of a moneyed corporation or banking association to recover a penalty or forfeiture imposed, or to enforce a liability created by law. (§ 394 Code Civ. Pro.) Disability of Claimant. Five years may be added to the time limited for commenc- ing an action other than for real property, or for a penalty or forfeiture, or against an officer for an escape, when the person entitled to maintain the action was at the time the right of action accrued, either : 1. Within the age of twenty-one years ; or, 2. Insane ; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life ; but in no case can the time be extended 90 LIMITATIONS, STATUTE OF. more than one year after the disability ceases. (§ 396 Code Civ. Pro.) Escape. One year after the cause of action accrues an action against an officer, other than a sheriff or a coroner, for the escape of a prisoner arrested or imprisoned by virtue of a civil mandate, must be begun. (§ 385 Code Civ. Pro.) Execution, Money Collected On. Three years after the cause of action accrues an action against a sheriff, coroner or other officer for the non- payment of money collected upon an execution must be begun. (§ 383 Code Civ. Pro.) Executor. See Administrator, etc., hereunder. False Imprisonment. See Assault, hereunder. Forfeitures. See Penalty, hereunder. Fraud. Six years after the cause of action accrues an action to pro- cure a judgment other than a sum of money on the ground of fraud must be begun. (§ 382 Code Civ. Pro.) Imprisonment. See Disability, False Imprisonment, hereunder. LIMITATIONS, STATUTE OF. 91 Infancy. See Disability, hereunder. Injury to Person. Three years after the cause of action accrues an action to recover damages for a personal injury resulting from negligence must be begun. (§ 383 Code Civ. Pro.) Six years after accruing any other action for personal in- jury must be begun. (§ 382 Code Civ. Pro.) See Assault, hereunder. Injury to Property. Six years after the cause of action accrues an action to re- cover damages for an injury to property must be begun. (§ 382 Code Civ. Pro.) See Administrator, etc., hereunder. Judgment. Twenty years after a judgment or decree for a sum of money is rendered or docketed it is presumed to have been paid unless within that time a payment or a writ- ten acknowledgment of an indebtedness of the whole or part of the sum recovered has been made. (§ 376 Code Civ. Pro.) Six years after the cause of action accrues an action upon a judgment or decree of a court not of record, except where a transcript has been filed, must be begun. (§ 382 Code Civ. Pro.). Liability Created by Statute. Six years after the cause of action accrues an action to re- 92 LIMITATIONS, STATUTE OF. cover upon a liability created by statute, except a penalty or forfeiture, must be begun. (§ 382 Code Civ. Pro.) Libel. ' See Assault, hereunder. Malicious Prosecution. See Assault, hereunder. Mortgage. Twenty years after the breach of a condition of a mortgage an action to redeem can be brought against one in ad- verse possession of the mortgaged premises. (§ 379 Code Civ. Pro.) Negligence. See Injury to Person, hereunder. Penalty. Three years after the cause of action accrues an action upon a statute for a penalty or forfeiture, where the action is given to the person aggrieved, or to that person and the people of the State, may be begun. (§ 383 Code Civ. Pro.) One year after the commission of the offence an action upon a statute for a penalty or a forfeiture given wholly or partly to any person who will prosecute for the same, must be begun ; if not so begun, within two years there- after, it may be commenced in behalf of the people by the attorney-general or district attorney. (§ 387 Code Civ. Pro.) Two years after the cause of action accrues an action upon a LIMITATIONS, STATUTE OF. 93 statute for a forfeiture or penalty to the people of the State, may be begun, (g 384 Code Civ. Pro.) See Dieeotoe, hereunder. Personal Injuries. See Injuet to Person, hereunder. Personal Property. See Injuet to Peopeety, hereunder. Public Funds. Ten years after the cause of action accrues, an action by the people of the State to recover for the misappropriation of public funds, etc., must be begun. (§ 1973 Code Civ. Pro.) Eeal Property. Forty years from the time the cause of action accrued or from the receipt by the people of the rents and profits of the real property an action may be commenced by the people of the State or their grantee, to recover real property. (§§ 362, 363 Code Civ. Pro.) Twenty years after the determination of a competent court declaring void a grant of real property made by the people of the State, an action of ejectment may be commenced to recover the premises in question, either by the people or by their subseqent grantee of the same premises. (§ 364 Code Civ. Pro.) Twenty years before the commission of an act with respect to which a defence or counterclaim founded upon the title to real property is made, the person making it, or his ancestor or grantor, must have been seized or pos- 7 94 LIMITATIONS, STATUTE OF. sessed of the premises in question in order that such defence or counterclaim be effectual. (§ 366 Code Civ. Pro.) One year after the making of an entry upon real property an action for the possession thereof may be begun. (§ 367 Code Civ. Pro.) Iwenty years after a right of entry upon real property ac- crues an action for the possession thereof may be begun. (§ 367 Code Civ. Pro.) Twenty years' actual, continued occupation of real property under a claim of title is deemed adverse possession unless an action has been commenced within that period. (§§ 368, 369, 370, 371, 372 Code Civ. Pro.) Twenty years' 1 actual, continued possession of real property after the termination of a tenancy, or the last payment of rent will destroy the presumption that the title is in the landlord. (§ 373 Code Civ. Pro) Ten years after the disability ceases, or after the death of a person who, when he was entitled to commence an action to recover, or to make an entry upon, or to in- terpose a defence or counterclaim founded on the title to real property, was disabled by being: 1. Within the age of twenty-one years ; or, 2. Insane ; or, ?>. Imprisoned for a term less than for life ; the time to commence such an action may be extended. (§ 375 Code Civ. Pro.) STATUTE OF. 95 Sealed Instrument. Twenty years after the cause of action has accrued an action may be brought upon a sealed instrument. (§ 381 Code Civ. Pro.) Seduction. See Assault, hereunder. Sheriff. One year after the cause of action accrues an action against a sheriff upon a liability incurred by him in doing an official act or by the omission of an official duty, except the non-payment of money collected upon an execution, must be begun. (§ 385 Code Civ. Pro.) See Execution, hereunder. Slander. See Assaqlt, hereunder. Statute. See Liability Created by Statute, hereunder. Stockholder. See Director, hereunder. Will. Six years after the cause of action accrues, an action to establish a will may be begun. (§ 382 Code Civ. Pro.) General Provisions. Ten years after the cause of action accrues is the limit of time within which an action, the limitation of which is not specially prescribed, may be begun. (§ 388 Code Civ. Pro.) 96 US PENDENS • MANDAMUS. One year's absence, or more, from the State, or oue year's residence, or more, within the State under a false name, by a person against whom a cause of action accrued before such absence, or of such residence under a false name, is not deemed a part of the time limited for commencing the action. (§ 401 Code Civ. Pro.) Sixty days from the delivery of a summons to an officer for service is the limit of time within which such summons may be served or published, where the time limited for commencing the action has expired since such delivery. (§ 399 Code Civ. Pro.) See Decedent ; Marriage ; Taxes. LIS PENDENS. Sixty days after filing the lis pendens the summons must be served, or publication thereof commenced. (§ 1670 Code Civ. Pro.) Twenty days before final judgment in foreclosure the lis pendens must be filed. (§ 1631 Code Civ. Pro.) See Partition. MANDAMUS. Might days' notice of an application for a writ of peremp- tory mandamus must be given. (§ 2070 Code Civ. Pro.) Twenty days after service an alternative writ must be made returnable. (§ 2072 Code Civ. Pro.) MAKINE CAUSES — MECHANIC'S LIENS. 97 Twenty days after the service of a notice of filing a return to an alternative writ, a demurrer can be served by the people or relator. (§ 2081 Code Civ. Pro.) MAKINE CAUSES. See City Court. MABPJAGE, ACTION TO ANNUL. Five years after marriage an action to annul the same on the ground of physical incapacity must be begun. (§ 1752 Code Civ. Pro.) MECHANIC'S LIENS. On Private Property. Ninety days after the completion of the contract the notice of lien must be filed. (Laws 1885, ch. 342, § 4.) Ten days after filing, a copy of the notice must be served upon the owner. (Id. § 4.) Thirty days before filing, the lien extends back to cover property assigned under a general assignment for the benefit of creditors. (Id. § 1 ; Laws 1896, ch. 915.) One year after riling, an action upon the claim must be com- menced or the lien ceases to be of force. (Laws 1885, ch. 342, § 6.) Twelve to twenty days after issuing, the summons in the action must be returnable. (Id. § 9.) Three weeks in succession the summons must be published in lieu of personal service. (Id. § 10.) 98 mechanic's liens. Ten days after an offer to deposit money in discharge of the lien is made, it must be accepted, if at all. (Id. § 19.) Thirty days after a notice to begin action is served upon the claimant by the owner, such action mnst be begun or the lien is discharged. (Id. § '24.) Five days' notice of the justification of sureties on a bond given to discharge a lien is required. (Id. § 24.) Against City of Mew York. Thirty days after the completion of the work the claim must be filed. (§ 1825 N. Y. City Consol. Act.) Ninety days after filing, an action upon the claim must be commenced or the lien ceases to be of force. (Id. § 1S27.) Three days after an undertaking is given to discharge the lien, the claimant may except to the sureties. (Id. § 1836.) On Oil Wells, Tanks, etc. Sixty days after the completion of the contract, the notice of lien must be riled and served upon the owner. (Laws 1880, ch. 440, §§ 2, 4.) Six months after filing the action must be commenced. (Id. §10.) One year after judgment, during the pendency of an appeal therefrom, the lien continues. (Id. § 10.) One year after the determination of the appeal the lien con- tinues. (Id. § 10.) mechanic's liens. 99 On Railroads. Thirty days after the completion of the contract, the notice of lien must be filed. (Laws 1875, ch. 392, § 2.) One year after filing the action must be commenced. (Id. §5.) Thirty days' time is allowed the railroad corporation to appear and answer in an action. (Id. § 4.) Twenty days after notice to begin an action is served the claimant must sue. (Id. § 7.) Twenty days after the work is performed, the laborer must serve notice upon the stockholders if he intends to hold them personally liable for ninety days' service. (Id. §8.) " Thirty days after the return of an execution unsatisfied against the corporation, an action as prescribed above against the stockholders must be commenced. (Id. §8.) On Cemetery Structures. One year after the bill for placing any structure in a ceme- tery becomes due, a notice of lien must be filed with the superintendent thereof. (Laws 1888, ch. 543, § 1.) Six months after the plot owner is notified of such filing, the claimant may enforce his lien. (Id. § 2.) Sixty days after the claimant may enforce his lien he must do so. (Id. § 2.) Ten days' notice of such enforcement must be given the superintendent. (Id. § 2.) 100 MONEYS PAID INTO COURT MOTION. Ten to fifteen days before a sale of the property removed by the claimant he must publish a notice thereof. (Id. §2.) On Quarries. Thirty days after the completion of the work, the lien must be filed. (Laws 1896, ch. 738, § 1.) Five days after filing, a copy of the notice must be served on the owner or person in charge of the quarry. (Id. § 3.) MONEYS PAID INTO COURT. Four days after the receipt thereof, by any officer, he must pay it to the county treasurer (§ 745 Code Civ. Pro.), hut Two days after such receipt, in New York city, it must be paid to the chamberlain. (§ 745 Code Civ. Pro.) Twenty years after receipt the county treasurer or chamber- lain must pay it. to the State treasurer. (§ 753 Code Civ. Pro.) See Partition. MORTGAGE. See Limitations, Statute of. MOTION. Notice of, Generally. Eight days' notice of motion or other proceeding before a judge is necessary, unless special provision is other- wise made. (§ 780 Code Civ. Pro.) MOTION. 101 Eight days before the tirst day of the term enumerated motions shall be noticed therefor. (Rule 40, General Rules.) Papers on Motion. Eight days before the time for argument a copy of the papers to be used shall be served. (Rule 40, General Rules.) Four days' notice of a motion that the cause be struck from the calendar is required where the papers have not been served as required. (Rule 40, General Rules.) Motion to Strike Out Irrelevant Matter. Twenty days after the service of the pleading a motion to strike out irrelevant matter therein must be made. (Rule 22, General Rules.) Two days' notice of an application for an extension of time to make such motion must be given. (Rule 22, General Rules.) Motion to Extend Time. Two days' notice of application for an extension of time in which to serve a pleading must be given where the time has been extended for twenty days. (Rule 24, General Rules.) Motion for Trial by Jury. Ten days after the joinder of issue in a case where a jury is not provided for by the Code either party may give notice of a special motion that the issue be tried by jury. (Rule 31, General Rules.) 102 NAME, PROCEEDINGS TO CHANGE. Notice of Motion in Relation to the Calendar. Two days 1 notice of motion to place a cause on the Friday, the preferred or the special calendar, must be given. (Special Rules; First Department.) Two days' notice of motion to correct the general calendar of New York Special Term must be given. (Special Rules, First Department.) Motion to Set Aside Judgment. Five days after verdict or judgment in N.Y. District Courts, a notice of motion to set aside must be served. (§ 1367 1ST. Y City Consol. Act) Five to eight days thereafter such motion must be heard. (§ 1367 N. Y. City Consol. Act.) See Appeals; Arrest; Attachment; City Court ; Com- mission ; Judgment ; Justices' Courts ; Surro- gate's Courts ; Trial. NAME, PROCEEDINGS TO CHANGE. Eight days' notice of a petition to change the name of an infant must be given the father, mother or general guardian. (§ 2113 Code Civ. Pro.) Six weeks in succession, once a week, notice of a petition to change the name of a corporation must be published. (§ 2413 Code Civ. Pro.) Thirty days after the entry of an order to that effect the NATURALIZATION NOTE OF ISSUE. 103 petitioner can assume the name proposed. (§ 2414 Code Civ. Pro.) Ten days after the granting of the order it shall be filed in the clerk's office. (§ 2414 Code Civ. Pro.) Ten days after the granting of the order in the case of a corporation, it shall als» be filed with the Secretary of State or other State officer. (§ 2414 Code Civ. Pro.) Ten days after the order is granted it must be published once, in the case of an individual, and once a weeh for four successive weeks in the case of a corporation. (§ 2414 Code Civ. Pro.) Forty days after the making of the order an affidavit of the publication thereof must be filed. (§ 2415 Code Civ. Pro.) Once a year each clerk must report to the Secretary of State all changes of names filed in his office. (§ 2417 Code Civ. Pro.) NATURALIZATION. Fourteen days before the hearing thereof, an application to be admitted to citizenship must be filed in the First Judicial District. (Special Pules, First Department.) NEGLIGENCE. See Limitations, Statute of NOTE OF ISSUE. Twelve days before the term the note of issue must be filed with the clerk. (§ 977 Code Civ. Pro.) 104 NOTICE OF ARGUMENT — NUISANCES. For Appellate Divisions. Eight days before the commencement of the court notes of issue must be filed. (Rule 39, General Rules.) New York Special Term. Two days before the hearing of a motion a note of issue therefor must be filed. (Special Rules, First Depart- ment.) See Appeals ; City Court. NOTICE OF ARGUMENT. See Motion. NOTICE OF MOTION. See Motion ; Stat ; Surrogate's Court. NOTICE OF SETTLEMENT. See Appeals; Surrogate's Court. NOTICE OF TAXATION. See Citt Court ; Costs ; Surrogate's Court. NOTICE OF TRIAL. Fourteen days before the term notice of trial must be served personally (§ 977 Code Civ. Pro.), and Sixteen days before the term notice of trial must be served oy mail. (§ 798 Code Civ. Pro.) NUISANCES. See Abatement of Nuisances. OFFEE ORDER. 105 OFFER. See Tender. OFFER OF JUDGMENT. Ten days after the receipt of an offer of judgment, by the plaintiff or defendant, the same may be accepted and judgment entered accordingly. (§§ 738, 739 Code Civ. Pro.) See Judgment; Justices' Courts. OFFICE. Ten days after a member of the police force is nominated for public office, he is deemed to have vacated his office on the force. (§ 433 N. Y. City Consol. Act.) Five days after notice of appointment to office in New York city, the oath of office must be taken. (§ 54 N. Y. City Consol. Act.) OFFICERS, PUBLIC. Action by or Against. One year after payment of a tax therein a taxpayer may bring an action against an officer of a municipal cor- poration to prevent injury to the property of the cor- poration. (§ 1925 Code Crim. Pro.) Fourteen days' notice of an application to substitute an officer in such an action for his predecessor shall be given. (§ 1930 Code Civ. Pro.) ORDER. See Appeals ; Motion. 106 OUTLAWRY — PARTITION. OUTLAWRY. Six weeks in succession, at least once a week, an order that a defendant convicted of treason appear in court to receive judgment upon the conviction or be outlawed, must be published. (§ 817 Code Crim. Pro.) PAPERS. Objections Thereto. Twenty-four hours after the receipt of any papers in an action an attorney must make his objections thereto ou the ground that they do not comply with section 796 of the Code. (Rule 19, General Rules.) Piling Of. Ten days after delivery to an attorney of a copy of an order required to be filed in another county he must so file it or the order may be set aside. (Rule 3, General Rules.) Ten days after service, the attorney must file petition or affidavit upon which injunction, attachment, order of arrest or writ has been granted. (Rule 4, General Rules.) PARTICULARS, BILL OF See Bill op Particulars. PARTITION. Lis Pendens. Sixty days after filing the lis pendens the summons must PARTITION. 107 be served or publication thereof commenced. (§ 1670 Code Civ. Pro.) Stay of Sale. Two days' notice of an application to stay the sale must be given to the plaintiff's attorney. (Rule 67, General Rules.) Money Arising from the Sale. Six tueeJcs in succession, at least once a week, the referee must publish a notice to all persons having liens to pre- sent them. (§ 1562 Code Civ. Pro.) Fourteen days before an application therefor by a party whose share of the proceeds has been paid into court he must serve a notice thereof upon the owner of each incumbrance against the same residing within the State. (§ 1564 Code Civ. Pro.) Twenty days' notice of the same must be given where the incumbrancer resides without the State (§ 1564 Code Civ. Pro.), and Four weeks in succession, at least once a week, such notice must be published in the State paper where the resi- dences of incumbrancers residing without the State cannot be ascertained. (§ 1564 Code Civ. Pro.) Twenty-five years after a share of the proceeds belonging to an unknown heir has been paid in the court a petition for the distribution thereof among the known heirs may be made. (§ 15S2 Code Civ. Pro.) Six weeks publication of notice of such petition must be made (§ 1582 Code Civ. Pro.), and 108 PENALTY — PLEADINGS. Twenty days' service of such notice is also required on all known heirs residing within the State. (§ 1582 Code Civ. Pro.) Thirty months after the share of an infant is paid into court the sum may be paid to the general guardian. (§ 1581 Code Civ. Pro.) Three months after the entry of an order directing the dis- tribution of the share of an unknown heir such order becomes conclusive. (§ 1582 Code Civ. Pro.) See Death, Presumption of. PENALTY. Thirty days after a district attorney receives money upon a penalty he must pay it to the county treasurer. (§ 1967 Code Civ. Pro.) See Limitations, Statute of. PERSONAL INJURIES. See Limitations, Statute of. PERSONAL PROPERTY. See Limitations, Statute of ; Tax Sales. PLACE OF TRIAL. See Trial. PLEADINGS. Personal Service of Summons and Complaint. Twenty days after the service of the summons is complete PLEADINGS. 109 the defendant may demand a copy of the complaint. (§ 479 Code Civ. Pro.) Twenty days after a written demand has been made for a copy of the complaint the same must be served upon the defendant. (§ 479 Code Civ. Pro.) Publication and Service Without State. Three months after the order is granted, the first publica- tion of the summons or the service upon the defendant without the State, must be made. (§ 441 Code Civ. Pro.) Six weeks' publication, at least, is required as a substitute for personal service of a summons. (§ 440 Code Civ. Pro.) Six months' absence from the United States by a resident of the State will entitle a plaintiff to an order allowing service without the State, or by publication where the absentee has designated no one to be served for him. (§ 438 Code Civ. Pro.) Ten days after an order has been granted allowing other than personal service of summons, the order must be filed and the service made, or the order becomes inope- rative. (§ 437 Code Civ. Pro.) Three years is the limit of time during which a designation, by a resident of the State of another resident upon whom to serve papers during his absence, remains in force, when no period has been specified in the designa- tion. (§ 430 Code Civ. Pro.) 110 PLEADINGS. Answering Pleadings. Twenty days after the appearance of a defendant by an attorney, who has appeared for another defendant in the'same action, the former must answer the complaint. (§ 479 Code Civ. Pro.) Twenty days after service of a copy of any pleading in an action, a copy of the' subsequent pleading must be served. (§ 520 Code Civ. Pro.) Twenty\days, at least, before trial, a defendant, whose answer demands a judgment determining the ultimate rights of two or more defendants, must serve a copy thereof upon each defendant, or his attorney, to be affected by the determination. (§ 521 Code Civ. Pro.) Piling with Clerk. Ten days after service each pleading must be filed with the clerk. (§ 824 Code Civ. Pro.) Bill of Particulars. Ten days after a written demand therefor has been made, the party pleading an account must deliver to the ad- verse party a copy of the items thereof. (§ 531 Code Civ. Pro.) Motion to Strike Out. Five days' notice must be given to the adverse party of an application to strike out a pleading as frivolous. (§ 537 Code Civ. Pro.) Amendment of. Twenty days after a pleading is served, or at any time be- fore the period for answering it expires, the pleading POLICE JUSTICE PRE-EMPTION, BIGHT OF. Ill may be once amended as of course. (§ 542 Code Civ. Pro.) Twenty days after a pleading is amended it may be de- murred to or answered. (§ 543 Code Civ. Pro.) See Citt Court ; Justices' Courts ; Motion; Service. POLICE JUSTICE. Fifteen days after receiving notice of his election or ap- pointment to office, a police justice must qualify. (§ 76 Code Crim. Pro.) POOR PERSONS. Ten days' 1 notice must be given persons having poor rela- tives before they can be compelled to contribute to their support. (§ 915 Code Crim. Pro.) Ten days' notice must be given before the court may vary an order requiring such support. (§ 918 Code Crim. Pro.) POSSESSION, ADVERSE. See Limitations, Statute of ; Real Property. POWER UNDER A WILL. See Surrogate's Court. PRE-EMPTION, RIGHT OF. Twenty days before an application to the court is made for a decree of absolute sale of the right of pre-emption, notice thereof must be personally served on such owners as reside within the city. (§ 1122 N. Y. City Consol. Act.) 112 PRISONER — PUBLIC ADMINISTRATOR. Three months before such application is made, such notice must be mailed to owners residing outside of the city and within the United States. (§ 1122 N. T. City Consol. Act.) Six weeks' notice of such application must be given by publication twice a week for three months where the owners reside within the state (§ 1120 1ST. Y. City Consol. Act), and Six monthi notice of such application must be given by publication twice a week for three months where the owners are non-residents of the state. (§ 1120 N. T. City Consol. Act.) PRISONER. See Discharge ; Execution Against Person ; Service. PROBATE. See Surrogate's Court. PROBATE OF HEIRSHIP. See Surrogate's Court. PROPERTY, SALE OF. See Sale of Property ; Surrogate's Court. PUBLIC ADMINISTRATOR. Accounting of. Six months after the public administrator assumes charge of an estate, he shall account to the surrogate and may petition for a judicial settlement. (§ 239 N. Y. City Consol. Act.) PUBLIC ADMINISTRATOR. 113 Forty days before the return day of the citation to attend the judicial settlement of the accounts of the public administrator, where the balance in his hands is less than $250, he shall mail such citation to each known claimant residing without the state. (§ 239 N. Y. City Consol. Act.) Fourteen days after January 1, each year, the public administrator must account to the board of aldermen (§ 242 1ST. T. City Consol. Act), and Three weeks in succession, three times a week, his account must be published. (§ 242 N. Y. City Consol. Act.) Letters. Thirty days before application for letters, the public administrator must serve notice thereof on the relatives of the deceased (§ 227 K Y. City Consol. Act.), or Four weeks' publication, twice a week, in lieu of personal service, is necessary. (§ 227 N. Y. City Consol. Act.) Six mo?iths after the public administrator becomes vested with power to administer an estate, the granting of let- ters to another person will end such power. (§ 236 N. Y. City Consol. Act.) Three months after the public administrator becomes vested with power to administer an estate, letters may be granted to any relative who was not served with the proper notice. (§ 237 IS". Y. City Consol. Act.) Creditors. Eight weeks in succession, once a week, notice to creditors 114 PUBLIC ADMINISTRATOB. to present their claims must be published by the public administrator when the estate in his hands, after the payment of funeral expenses, is of greater value than $50. (§ 239 K Y. City Oonsol. Act.) Six months after the granting of letters to the public ad- ministrator claims of creditors must be presented, or he will not be held liable for his distribution. (§ 239 N. Y City Consol. Act.) Delivering Property To. Twelve hours after the death of a person in a hotel, etc., not a member of the family keeping such hotel, such death must be reported to the public administrator. (§ 246 E". Y. City Consol. Act.) Twelve hours after an inquest the coroner shall report to the public administrator the name of the deceased. (§ 246 N. Y. City Consol. Act.) Twelve hours after burial, an undertaker must report to the public administrator the name of a deceased having no known next of kin entitled to administer. (§ 246 N. Y. City Consol. Act.) One year before commencing suit to recover a penalty for violation of the above requirements, the public adminis- trator must have served upon the defendant a copy of that section of the law. (§ 247 K Y. City Consol. Act.) Three months after property of a deceased person is received at quarantine, if it remains unclaimed and the public PUBLICATION. 115 administrator is authorized to take charge of it, it must be delivered to him. (§ 225 N. T. City Consol. Act.) Sale of Property. Three months after the delivery to the pnblic administra- tor of property of deceased persons, he may sell it, if unclaimed, at public auction. (§ 233 W. Y. City Consol. Act.) Three days' publication of a notice of sale of personal property of an estate by the public administrator is re- quired. (§ 239 K Y. City Consol. Act.) Administration of Estates. Thirty days before administering an estate of less value than $100, the public administrator must serve notice thereof on the relatives of the deceased (§ 231 N. Y. City Consol. Act), or Four weeks' publication once a week, ~m lieu of personal service, is necessary. (§ 231 N. Y.^City Consol. Act.) Two years after the estate passes into the possession of the pubilc administrator, he shall pay the unclaimed resi- due less than $250 into the city treasury. (§ 239 NTT. City Consol. Act.) Two days after receipt of any moneys, the public adminis- trator must deposit the same. (§ 240 JST. Y. City Consol. Act.) See Surrogate's Court. PUBLICATION. See Assignment ; A ttaohment ; Pleadings ; Surrogate's Court. 116 REAL PEOPEETY. EEAL PROPERTY. Action to Recover Property Escheated or Forfeited for Treason. Twelve weeks in succession, once a week, a notice of such an action must be published by the attorney-general in the State paper. (§ 1978 Code Civ. Pro.) Five years after judgment in such an action in favor of the people an action in ejectment for the recovery thereof may be brought. (§' 1980 Code Civ. Pro.) Contribution of Owners of. Twenty days after payment of a judgment by one judg- ment debtor lie may, in order to preserve the judgment for the purposes of enforcing contribution, file an affi- davit of the amount paid and his claim for reimburse- ment of a part thereon. (§ 1485 Code Civ. Pro.) Determination of Claim to. One year after a person has been in possession of real property under a claim of title he may begin an action for the determination of an adverse claim. (§ 1638 Code Civ. Pro.) One year after final judgment therein the court may grant a new trial. (§ 1646 Code Civ. Pro.) One year after his disability ceases a defendant, who is an infant, insane, or imprisoned on a criminal charge for a term less than for life, may have a new trial as a matter of right. (§ 1646 Code Civ. Pro.) One year after the death of such a defendant his representa- RECEIVER. 117 tives shall have the same right. (§ 1646 Code Civ. Pro.) lour months after the death of her husband an action may be brought against a widow to compel the determina- tion of her claim to dower in real property. (§ 1647 Code Civ. Pro.) See Condemnation of Real Property ; Death, Pre- sumption of ; Limitations, Statute of ; Pre-emption, Right of ; Re-entry ; Streets ; Surrogate's Court ; Taxes ; Tax Sales. RECEIYER. Accounting. Eight days before the accounting the receiver must give notice of the same to the sureties on his bond. (§715 Code Civ. Pro.) Of Debtor's Estate. Ten days' notice of the time and place of a sale of the debts and other doubtful claims of the debtor must be publicly given by the receiver. (Rule 77, General Rules.) Receiver of Corparation. Every six months the receiver of an insurance, banking or railroad corporation or trust company must file a report with the Supreme Court, the bank or insurance super- intendent, and the attorney-general. (Laws 1885, ch. 40; Laws 1881, ch. 639.) Eight days' notice of filing such report shall be served on the attorney-general. (Id.) 118 EECEIVEE. Once a year the attorney-general shall examine the accounts of such receiver. (Id.) Thirty days after the receiver of an insolvent corporation is required to file a report, the attorney -general may move to compel him to do so. (Laws 1880, ch. 537 Three weeks, receivers appointed in a proceeding for the voluntary dissolution of a corporation shall publish notice of their appointment. (R. S. Part III, ch. 8, t. 4, § 70.) Four months after their appointment, such receivers must call a meeting of the creditors. (Id. § 74.) One year after declaring the first dividend, and Sixteen months after appointment, such receivers shall make a second dividend. (Id. § 80.) Three weeks' publication of the notice of such second divi den d is required. (Id. § 80.) Three months after the second dividend the receivers must render their account. (Id. § 86.) Three weeks' 1 publication of notice of filing such account is required. (Id. § 87.) Eight days' notice of an order or judgment of the court in a proceeding pending for the dissolution of a corpora- tion must be served on the attorney-general. (Laws 18S2, ch. 331, § 2; Laws 1883, ch. 378, § 8.) EE-ENTEY. 119 Every three months, beginning January 1 of each year, a receiver appointed under § 1788 of the Code must render an account. (R. S. Part III, ch. 8, t. 4, § 42.) See Coepoeation ; Limitations, Statute of ; Supplement- ary Proceedings. RE-ENTRY. Fifteen days' notice of re-entry must be given by a land- lord to the tenant where the tenant has defaulted in the payment of rent. (§ 1505 Code Civ. Pro.) Six months after the possession of property has been awarded to the plaintiff or landlord the tenant or his representative may pay or tender to the landlord the amonnt due for rent with other proper costs and charges. (§ 1508 Code Civ. Pro.) Three months after such payment or tender the tenant may apply for an order giving him possession of the prop- erty. (§ 1509 Code Civ. Pro.) Three years after judgment is entered in an action to recover real property the defendant or his representative is en- titled to an order granting a new trial upon payment of costs and damages. (§ 1525 Code Civ. Pro.) Two years after the second final judgment is rendered a second trial may be granted upon like terms. (§ 1525 Code Civ. Pro.) Five years after such a judgment is filed the court may grant a new trial if justice will be thereby promoted. (§ 1526 Code Civ. Pro.) , 120 REFEREE — REPLEVIN. Three years may be added to the time limited for applying for a new trial if the defendant was at the time of the filing of the judgment roll either, 1. Under the age of twenty-one years, or 2. Insane, or 3. Imprisoned on a criminal charge for a term less than life. (§ 1527 Code Civ. Pro.) REFEREE. Report of Referee. Sixty days after the case is finally submitted, the referee must file his report or deliver it to one of the parties. (§ 1019 Code Civ. Pro.) Exceptions to Report. Eight days after service of notice of filing of a report in a reference, other than for the trial of issues or for com- puting amount due in foreclosure cases, exceptions thereto must be filed and served. (Rule 30, General Rules.) Ten days after the service of the report of the referee an exception to a finding of law must be taken. (§§ 994, 1001 Code Civ. Pro.) See Appeals ; Assessment of Damages ; Decisions ; Sur- rogate's Court. REPLEVIN. In Court of Record. Three days after a chattel is replevied the defendant may except to the sureties on the undertaking. (§ 1703 Code Civ. Pro.) REPLY. 121 Ten days after such exception plaintiff must serve notice of justification. (§ 1703 Code Civ. Pro.) Three days after a chattel is replevied the defendant may serve a notice and undertaking requiring a return of the chattel. (§ 1704 Code Civ. Pro.) Three days thereafter defendant must serve notice of justi- fication of the sureties to the undertaking. (§ 1704 Code Civ. Pro.) Five to ten days after service of the notice thereof justifi- cation must be had. (§ 1705 Code Civ. Pro.) Twenty days after the delivery of the chattel the sheriff must file his return. (§ 1715 Code Civ. Pro.) Ten days' service of a notice requiring him so to do must be given. (§ 1716 Code Civ. Pro.) Fourteen days after a chattel has been replevied and deliv- «tui, ere< ^ '° t ^ le plaintiff the defendant may serve notice demanding judgment for the return thereof. (§ 1725 Code Civ. Pro.) Three months after the delivery of the chattel to the plain- tiff the summons in an action against the sheriff must be issued (§ 1710 Code Civ. Pro.), and Three months after issuing the summons it must be served . (§ 1710 Code Civ. Pro.) See Justices' Court. EEPLT. See Pleadings. 122 REPORT — BULKS. REPORT. See Referee. RETURN. Compelling Officer's Return. Ten days after service of an order to that effect an officer must make a return required by law or show cause why an attachment should not issue against him. (Rule 6, General Rules.) See Appeals ; Arrest ; Certiorari ; City Court ; Habeas Corpus ; Justices' Courts ; Mandamus. REVOCATION OF PROBATE. See Surrogate's Court. RULES. Every two years at least from the fourth Tuesday in Octo- ber, 1S95, the justices assigned to the Appellate Divi- sion of the Supreme Court shall meet in convention to revise the rules for courts of record. (§ 17 Code Civ. Pro. Three weektf publication is required before a rule of the Supreme Court or a general rule or order of the Court of Appeals can take effect. (§ 18 Code Civ. Pro.) Five days after its adoption a copy of each amendment to the rules touching the admission of attorneys and counselors to practice in courts of record shall be filed in the office of the Secretary of State. (§ 57 Code Civ. Pro.) See Terms oe Court. SALE OF PROPERTY SEEVIOE. 123 SALE OF PROPERTY. See Assignment ; Execution ; Public Administrator ; Streets ; Surrogate's Coubt ; Tax Sales. SCHEDULES. See Assignment. SEARCHES. Twenty days after service of an order or requisition for search the same must be made by the register and be ready for delivery. (§ 1743 N. Y. City Consol. Act.) SEARCH WARRANTS. Five days after the date thereof, if in New York county, or ten days if in another county, a search warrant must be executed and returned to the magistrate by whom it was issued. (§ 802 Code Grim. Pro. ; § 1497 N. Y. City Consol. Act.)] SECURITY. See Costs. SEPARATION. One years' residence within the State is required before parties married without the State can sue for separa- tion. (§1763 Code Civ. Pro.) SERVICE. Upon Prisoner. Two days, and no later, after a paper in an action or a special proceeding directed to a prisoner in his custody is law- 124 SHAM PLEADINGS - • SLANDER. fully served upon or delivered to a sheriff or jailer, he must deliver the same to the prisoner. (§ 131 Code Civ. Pro.) See Pleadings. SHAM PLEADINGS. See Pleadings. SHEEIFF. One week after a resolution of the board of supervisors, establishing or altering jail liberties, has been filed in the office of the county clerk, he must deliver an ex- emplified copy thereof to the keeper of the jail. (§ 148 Code Civ. Pro.) Twenty days' notice must be given of a motion by a sheriff for a summary judgment upon an undertaking for the jail liberties. (§ 163 Code Civ. Pro.) Ten days after service of a certificate of election of a sheriff upon the retiring sheriff the latter must turn over to the new sheriff the jail, the prisoners therein and all papers and mandates in his possession. (§ 184 Code Civ. Pro.) See Aeeest ; Attachment ; Execution ; Limitations, Stat- ute of ; Return ; Surrogate's Court. SHORT CAUSES. See Motions. SLANDER. See Limitations, Statute of. SPECIAL SESSIONS, COURT OE. 125 SPECIAL SESSIONS, COURT OF. Certificate of Bemoval. Three days' notice must be given to the complainant or dis- trict attorney of an application for a certificate remov- ing an action from the Court of Special Sessions to the grand jury. (§ 57 Code Crim. Pro.) Five to ten days' adjournment must be granted by the mag- istrate to allow a defendant to obtain a certificate of removal. (§ 58 Code Crim. Pro.) Six days after a certificate of removal is filed with the mag- istrate he must make his return to the district attorney. (§ 57 Code Crim. Pro.) Proceedings. Twenty days after a conviction the certificate thereof must be filed with the county clerk. (§ 723 Code Crim. Pro.) Thirty days after the receipt of a fine by the court, or by a sheriff, the same must be paid to the supervisor of the town . (§§ 726, 727 Code Crim. Pro.) New York City. Thirty days after the receipt of a fine by the court, or by the sheriff, the same must be paid to the comptroller of the city. (§§ 746, 747 Code Crim. Pro.) Appeals. Ten days after the rendering of judgment, an application for an allowance of appeal therefrom must be made. (§ 751 Code Crim. Pro.) 9 126 STATUTE — STAY. Twenty days after a commitment an application for an allowance of appeal therefrom must be made. (§ 751 Code Crim. Pro.) Five days after the allowance of the appeal, the affidavit and allowance must be filed with the magistrate. (§ 755 Code Crim. Pro.) Ten days after service of the allowance of appeal the magis- istrate must make his return. (§ 756 Code Crim. Pro.) Five days before the term of court an appeal must be noticed for argument. (§ 759 Code Crim. Pro.) STATUTE. See Limitations, Statute of. STAY. Twenty days, and no longer, except in cases where special provision is made by law, a judge out of court may stay proceedings in an action by order. (§ 775 Code Civ. Pro.) Ten days before the term, at least, an order must be served in order to stay proceedings in the action, unless made in the First Judicial District, or at the term where such action is to be tried, or unless contained in an order to show cause returnable on the first day of such term. (Eule 37, General Rules.) Ten days after service of an order granting costs, unless the order otherwise directs, they must be paid, or the pro- ceedings are stayed. (§ 779 Code Civ. Pro.) See Foreclosure ; Partition ; Surrogate's Court. STOCKHOLDER STREETS. 127 STOCKHOLDER. See Limitations, Statute of. STRAYS UPON HIOHWAY. See Justices' Courts. STREETS. Opening and Closing. Ten clays before the taxation thereof a bill of charges and expenses for services performed in the opening of streets must be filed with the county clerk (§ 1001 1ST. Y. City Con sol. Act), and Ten clays' notice of such taxation must be published. (§ 1001 N. Y. City Consol. Act). Four months after the same is due the damages for opening streets must be paid to the property holders (§ 992. N. Y. City Consol. Act), and Thirty days after a demand is made therefor the court may direct such amounts to be paid. (§ 992 N. Y. City Consol. Act.) Five days' notice must be given to the corporation counsel of the taxing of the costs incurred in opening or widen- ing streets. (§ 983 JST. Y. City Consol. Act.) Ten days' publication of a proposed resolution by any board to close streets is required. (§ 1009 rJ. Y. City Consol. Act.) Ten days' publication of notice of an application to the court for the appointment of commissioners of estimate 128 STKEETS. and assessment is required. (§ 1010 N. Y. City Consol. Act.) Four months after the estimate of damages is filed the city must pay the same. (§ 1012 N. Y. City Consol. Act.) One year after the confirmation of the report of the com- missioners the city's interest in the closed portions may be purchased. (§ 1012 N. Y. City Consol. Act.) Pavements. Five days after a notice to properly relay a pavement is served by the commissioner, he may cause such pave- ment to be relaid by the city. (§ 323 JST. Y. City Censol. Act.) Property Found In. Ten to twenty days after the issuing of the precept, cause must be shown before the District Court issuing it, why property found by the street commissioners in the streets should not be sold. (§ 710 N. Y. City Consol. Act.) Three days after issuing, a copy of the precept must be posted. (§ 710 N. Y. City Consol. Act.) .Five days after issuing, the precept must be published in the City Record. (§ 710 N. Y. City Consol. Act.) Three days before the sale, a notice thereof must be published in the City Record. (§ 710 N. Y. City Consol. Act.) Street Cleaning Department. Ten days' publication of a notice to submit proposals for SUBPCENA DUCES TECUM — SUMMARY PROCEEDINGS. 12& furnishing supplies for the street cleaning department is required. (§ 705 N. Y. Ctiy Consol. Act.) Ten days' publication of a notice of the sale of property of the street cleaning department is required. (§ 705 N. Y. City Consol. Act.) SUBPCENA DUCES TECUM. Five days before the witness is required to attend, the sub- poena must be served upon him. (§ 867 Code Civ. Pro.) SUMMAEY PKOCEEDINGS. Notice to Quit. Three days' notice to quit must be given a tenant in de- fault of rent or taxes. (§ 2231 Code Civ. Pro.) Ten days' notice must be given in certain other cases. (§§ 2232, 2236 Code Civ. Pro.) Bawdy-House. Five days after the receipt of a notice that his house is used as a bawdy-house, the landlord must begin sum- mary proceedings. (§ 2237 Code Civ. Pro.) Proceedings before Court. Three to five days after issuance the precept must be re- turnable. (§ 2238 Code Civ. Pro.) Two days before the return day it must be served. (§ 2240 Code Civ. Pro.) On same day it can be made returnable if issued on the day the tenant's term expires or the day after (§ 2238 Code Civ. Pro.), and 130 SUMMARY PKOCEEDING8. Ttoo hours before the return hour it must be served in such case. (§ 2240 Code Civ. Pro.) Three days from return day the hearing can be adjourned for summoning a jury. (§ 2247 Code Civ. Pro.) Ten days' adjournment may be granted when issue is joined unless the parties consent to a longer time. (§ 2248 Code Civ. Pro.) Undertaking to Stay Warrant. Ten days' 1 time in which to pay hack rent or taxes can be secured by a tenant against whom a final order has been made by giving an undertaking to that effect. (§2254 Code Civ. Pro.) Six months' undertaking may be given by a tenant against whom a final order is made for retaining possession of property sold under execution. (§ 2254 Code Civ. Pro.) Redemption. One year after the issuing of the warrant the tenant may redeem, where the unexpired term of the lease exceeds five years. (§ 2256 Code Civ. Pro.) The next legal day after the expiration of such year a judgment creditor or mortgagee of the tenant may re- deem. (§ 2257 Code Civ. Pro.) Two to ten days after an order to show cause why a petition to redeem should not be granted is made, it must be returnable. (§ 2259 Code Civ. Pro.) Two days before the return day such order must be served. (§ 2259 Code Civ. Pro.) SUMMONS — SUBROGATE' 8 COURT. 131 SUMMONS. See City Court; Justices' Court; Pleadings. SUPPLEMENTARY PROCEEDINGS. Ten years after the return of an execution such proceed- ings may be instituted. (§ 2435 Code Civ. Pro.) Sixty days' earnings immediately preceding the institu- tion of the special proceeding are exempt. (§ 2463 Code Civ. Pro.) Two days' notice of an application for the appointment of a receiver must be given ; but such application may be made without notice on the return day of a warrant or order to attend. (§ 2464 Code Civ. Pro.) Thirty days after a receiver ceases to be a resident of the State the judgment creditor may apply for the appoint- ment of another in his place. (§ 2469 Code Civ. Pro.) SURETIES. Relief Of. Ten days' notice of an application by the surety upon his bond to be relieved from liability must be given a trustee, committee or guardian. (Laws 1881, ch. 654, § 3). See Appeals ; Arrest ; Attachment ; Bond ; City Court ; Justices' Courts ; Replevin ; Surrogate's Court. SURROGATE'S COURT. Citations. Sixty days after the presentation of the petition a citation 132 surrogate's couet. issued thereupon must be served or the first publication thereof be made. (§ 2517 Code Civ. Pro.) Four months from the issuance thereof a citation must be made returnable. (§ 2519 Code Civ. Pro.) Eight days before the return day a citation must be served in the county or an adjoining county. (§ 2520 Code Civ. Pro.) Fifteen days before the return day it must be served in any other county. (§ 2520 Code Civ. Pro.) Ten days after an order of the surrogate allowing other than personal service upon a resident of the State, such service must be made. (§ 2521 Code Civ. Pro.) Six weeks in succession, ouc3 a week, a citation against a non-resident or one whose address is not known, must be published. (§ 2524 Code Civ. Pro.) Thirty days before the return day of the citation service personally or by mail must be made without the State, but within the United States (§ 2525 Code Civ. Pro.), but Forty days before the return day such service must be made without the United States. (§ 2525 Code Civ. Pro.) Probate Proceedings. Five days after objections to probate are filed the propo- nents shall apply for an order iixing the time of hearing. (Rule i, Surrogate's Court.) Four days' notice of such hearing is required. (Rule i, Surrogate's Court.) 133 Two days' notice of taking testimony must be given the probate clerk. (Rule 4, Surrogate's Court.) Two days before the return day of the citation the will must be hied. (Rule 4, Surrogate's Court.) Revocation of Probate. One year after probate a petition to revoke the same must be presented. (§ 2648 Code Civ . Pro.) Three weeks in succession notice of the revocation must be published . (§ 2653 Code Civ. Pro. ) Grantiiig of Letters. Four weeks' publication of notice to creditors to present their claims must be made in order that the penalty of the bond to be given by the administrator need not ex- ceed double the amount of such claims. (§ 2664 Code Civ. Pro.) Thirty days at least after the first publication such claims must be presented. (§ 2664 Code Civ. Pro.) Thirty days after the filing of an affidavit objecting to an executor or administrator the surrogate must stay the granting of letters. (§ 2636 Code Civ. Pro.) Thirty days after probate the appointee of a power must appoint an executor. (§ 2640 Code Civ. Pro.) Five days after such selection is made the issuing of letters must be delayed. (§ 2640 Code Civ. Pro.) Five days after such selection is made objections to such appointment must be filed. (§ 2641 Code of Civ. Pro.) 134 surrogate's court. Thirty days after probate or appointment an executor must qualify. (§ 2642 Code Civ. Pro.) Five days after objections filed against him are determined in his favor the executor must qualify. (§ 2642 Code Civ. Pro.) Five days after an executor, against whom objections are filed, has given a bond to entitle himself to letters he must qualify. (§ 2642 Code Civ. Pro.) Eevoeation of Letters. Thirty days after an executor or an administrator has been committed to jail by reason of his default in returning an inventory the surrogate may revoke his letters. (§2691 Code Civ. Pro.) Bond of Executor or Administrator. Five days' 1 notice of the examination of sureties on a bond must be given. (Rule 17, Surrogate's Court.) Five days after the service of an order to that effect, new sureties must be substituted. (Rule 17, Surrogate's Court.) Five days after an order is entered compelling the principal to furnish new sureties upon the application of an in- terested party the principal must do so. (§ 2598 Code Civ. Pro.) Five days after the return of a citation issued upon the ap- plication of a surety to be released from liability the surrogate must order him so to be released. (§ 2601 Code Civ. Pro.) sueeogate's coubt. 135 Advertisement for Creditors. Six months' publication, ouee a week, of a notice to creditors to present their claims on a day at least six months after the first day of publication, must be made by the executor or administrator. (§ 2718 Code Civ. Pro.) Six months from the first publication of such notice a cred- itor must present his claim or the administrator will not be responsible for payment of any just debts made before such presentation. (§ 2718 Code Civ. Pro.) Appraisement of Estate. Five days' notice of an appraisement of personal property must be given by the administrator to all legatees and next of kin. (§2711 Code Civ. Pro.) Two months after the discovery of any property not men- tioned in inventory the executor must appraise it and return inventory thereof. (§ 2714 Code Civ. Pro.) Three months after letters are granted the inventory must be filed. (§ 2715 Code Civ. Pro.) Temporary Administrator. Two to ten days' notice of an application for the appoint- ment of a temporary administrator must be given to each party interested in the proceedings. (§ 2670 Code Civ. Pro.) Two to ten days' notice of a motion for an order to sell personal property must be given by a temporary administrator to all parties who have appeared. (§ 2672 Code Civ. Pro.) 136 S ABROGATE' 8 COURT. Six months after letters were issued, a temporary adminis- trator may publish a notice requiring creditors to present their claims. (§ 2673 Code Civ. Pro.) One year after letters were issued the surrogate, upon application of the temporary administrator or a cred- itor, may make an order that the temporary adminis- trator pay decedent's debts. (§ 2674 Code Civ. Pro.) One year's lease of property may be made by the tempo- rary administrator by order of the surrogate, (§ 2675 Code Civ. Pro.) Ten days after any money belonging to the estate comes- into his hands the temporary administrator must deposit it as required by law. (§ 2678 Code Civ. Pro.) Three days after issuing an order in New York county directing the administrator to make such deposit it must be made returnable (§ 2679 Code Civ. Pro.) and Two days before the return day such order must be served, (§ 2679 Code Civ. Pro.) Fifteen days after issuing an order in any other county directing the administrator to make such deposit it must be made returnable (§ 2679 Code Civ. Pro.), and Ten days before the return day such order must be served . (§2679 Code Civ. Pro.) Two days' notice of an application for an order allowing money so deposited to be withdrawn must be given to all the parties. (§ 2680 Code Civ. Pro.) subrogate' S COURT. 137 At any time a judicial settlement of the accounts of the temporary administrator may be compelled . (§ 2725 Code Civ. Pro.) County Treasurer as Administrator. Ten days after the county treasurer takes charge of the prop- erty he must return an inventory thereof to the sur- rogate. (§ 2665 Code Civ. Pro.) Ten days longer such time for making the return may be extended by the surrogate. (§ 2665 Code Civ. Pro.) Three months' 1 publication of an order of the surrogate for persons claiming the right of administration to appear must be made. (§ 2666 Code Civ. Pro.) Six months at least after the first publication such claims must be interposed. (§ 2666 Code Civ. Pro.) Ten days' notice of any such claim must be served on the county treasurer. (§ 2666 Code Civ. Pro.) Once each year the county treasurer must render an account to the comptroller of his proceedings in respect to any estate which he has administered. (§ 2668 Code Civ. Pro.) Three weeks' publication of such account or statement must be made. (§ 2668 Code Civ. Pro.) Sale of Property and Payment of Debts. Six months after letters are issued a creditor may petition for the payment of his claim. (§2722 Code Civ. Pro.) 138 Six months after the rejection of a claim by an administra- tor or executor if it is then due, or if not, six months after a part of it becomes due, an action thereupon must be commenced. (§ 1822 Code Civ. Pro.) Three years after letters are issued or after the final deter- mination in favor of an executor, administrator, or creditor in an action, to recover any real estate of the deceased, such executor, administrator or creditor may petition to have the real property sold to pay the decedent's debts. (§§ 2750, 2751 Code Civ. Pro.) Twenty days after the receipt by the executor or adminis- trator of the proceeds of the sale or mortgage of such real property, he must pay same into the Surrogate's Court. (§ 2766 Code Civ. Pro.) Three years' credit for not more than three-fourths of the purchase-money in such a sale maybe allowed. (§ 2771 Code Civ. Pro.) One years' credit, except in the city of New York, may be given by the administrator selling personal property. (§ 2717 Code Civ. Pro.) Payment of Legacies. One year after the granting of letters the administrator may pay the legacies, but not before, unless by order of the court. (§ 2721 Code Civ. Pro.) One year after letters are issued a legatee or devisee may petition for the payment of his claim. (§ 2722 Code Civ. Pro.) surrogate's couet. 139 One year after the granting of letters an action may be brought against an administrator or execntor to compel him to pay a legacy. (§ 1819 Code Civ. Pro.) Accounting. At any time, an executor or administrator may voluntarily file in the surrogate's office an intermediate account. (§ 2725 Code Civ. Pro.) Eighteen months after letters are issued, or on the return of a citation issued on the petition of a creditor or legatee for payment of debts or legacy, or when application has been made to have execution issued against the estate, the surrogate may compel an intermediate account. (§ 2725 Code Civ. Pro.) One year after letters are issued or where the administrator's powers have ceased, or where he lias disposed of real property under a decree, the surrogate may compel a judicial settlement of the accounts upon the petition of a creditor or person interested in the estate. (§ 2726 Code Civ. Pro.) Eighteen months after letters were issued such a petition presented on the ground of the lapse of time only may be denied by the court. (§ 2727 Code Civ. Pro.) One year after letters were issued or where notice to cred- itors has been duly served, the executor or administrator may apply to have his accounts judicially settled. (§ 2728 Code Civ. Pro.) One year after probate or when the trusts have been exe- cuted a testamentary trustee may apply to have his ac- counts judicially settled. (§ 2S10 Code Civ. Pro.) 14:0 surrogate's court. One year after probate or where the powers of the trustees have ceased, or where the trusts have been executed, the court may compel a judicial settlement of the trustees' account. (§ 2807 Cede Civ. Pro.) Eight days after the return of the citation on the filing of the account objections thereto must be taken. (Rule 7, Surrogate's Court.) Two years after a decree is entered settling the accounts of an administrator or executor he must turn over all unpaid legacies to the county treasurer. (§ 2748 Code Civ. Pro.) Probate of Heirship. Ten years after a decree is entered establishing the right of inheritance a petition by an outside party showing that he has a right in the property which was injured by the decree must be presented. (§ 2658 Code Civ. Pro.) Eeal^Property. 1 'our years after death a will devising real property must be admitted to probate or be established in order to affect the title of an heir at law or his grantee to the property ; unless at the time of testator's death the devisee was an infant, or insane or imprisoned on a criminal charge, or without the State, or unless the will was concealed, in which case one year after the dev- isee's disability is removed or the will delivered, such limitation begins to run. (§ 2028 Code Civ. Pro.) Four years after the death of the decedent letters must be issued in order that a sale of his real property by his 141 administrator should take precedence over a sale by one of his heirs. (§ 2777 Code Civ. Pro.) Twenty-five years after the sale of real property, where the surrogate's records have been removed, the appoint- ment of a guardian for each infant party at the time of the sale is presumed. (§ 2785 Code Civ. Pro.) Six weeks' publication of the notice of distribution of the proceeds of the sale, mortgage or lease of real property must be made. (§ 2787 Code Civ. Pro.) Thirty days after the proceeds of a sale of real property to satisfy a mortgage or other lease thereupon are received the surplus must be paid into the Surrogate's Court. (§ 2798 Code Civ. Pro.) Four weeks' publication of a citation to show cause why a decree should not be made distributing such surplus must be made. (§ 2799 Code Civ. Pro.) Guardians. Eight days' notice of an application for the appointment of a special guardian must be given. (§ 2531 Code Civ. Pro.) Ten days before the return day of a citation issued to the parents of an applicant for the appointment of a general guardian, service thereof must be made. (§ 2831 Code Civ. Pro.) Thirty days after a will appointing a guardian is admitted to probate the guardian must qualify (§ 2852 Code Civ. Pro.), hit 10 142 surrogate's court. Three months the surrogate may extend such time. (§ 2852 Code Civ. Pro.) Ninety days at least the surrogate must stay the qualifica- tion when an objection is made to the guardian by the affidavit of an interested person. (§ 2852 Code Civ. Pro.) Three months after the death of the grantor in a deed appointing a guardian of an infant, if the deed is not recorded, the person appointed is deemed to have renounced the appointment. (§ 2851 Code Civ. Pro.) Two days' 1 notice of a settlement of accounts must be given a guardian. (Rule 11, Surrogate's Court.) Three months after service of an order to that effect the guardian must file or amend his account. (Rule 21, Surrogate's Court.) Referee in Special Proceeding. Sixty days after the referee has submitted his report the surrogate must pass upon it. (§ 2546 Code Civ. Pro.) Eight days after service of a copy of a referee's report objections thereto must be filed. (Rule 8, Surrogate's Court.) Eight days' notice of hearing of such objections must be given. (Rule 8, Surrogate's Court.) Trial of Special Proceeding by Jury in Supreme Court. Ten days after verdict is rendered a motion for a new trial must be made (§ 2547 Code Civ. Pro), and surrogate's court. 143 Ten days after an order granting or refusing a now trial is made a notice of appeal therefrom must be served. (§ 2547 Code Civ. Pro.) Determining the Validity of Will. Two years after probate an action in the Supreme Court to determine the validity of the will must be brought ; but persons within the age of minority, of unsound mind, imprisoned or absent from the State, may bring such action two years after such disability has been re- moved. (§ 2653 Code Civ. Pro.) Transfer Tax. Sixty days after the filing of the appraiser's report objec- tions thereto must be filed. (Rule 25, Surrogate's Court.) Appeals. Thirty days after service of a decree or order an appeal therefrom by a party to the proceeding must be taken. (§ 2572 Code Civ. Pro.) Three months after entry of the order a person not a party must appeal therefrom. (§ 2572 Code Civ. Pro.) Ten days after the filing of the undertaking the respondent may except to the sureties. (Rule 16, Surrogate's Court.) Ten days thereafter the sureties must justify. (Rule 16, Surrogate's Court. Five days' notice of such justification must be given. (Rule 16, Surrogate's Court.) 144 surrogate's court. Thirty days after service of a copy of a decree, or order, with notice of the entry thereof, the case must be prepared and served. (Rule 32, General Rules.) Miscellaneous Provisions. Twenty days after election a surrogate in New York city must file his bond. (§ 1178 1ST. T. City Consol. Act.) Ten days after a surrogate admits to probate a will of a non- resident, or grants original or ancillary letters in such a case, he must file a certified copy of the will or letters with the Secretary of State. (§ 2503 Code Civ. Pro.) Twenty days after letters are issued the executor or admin- istrator under a will relating to real property must record the same in each county where the real property is situated. (§ 2633 Code Civ. Pro.) One year after probate the will must be retained by the surrogate. (§ 2635 Code Civ. Pro.) One day's notice of settlement of an order in a litigated motion must be given. (Pule 9, Surrogate's Court.) Two days' notice of settlement of a decree in a contested probate or accounting must be given. (Rule 9, Surro- gate's Court.) One week from the return day a motion may be adjourned by consent. (Rule 2, Surrogate's Court.) Two days' notice of adjustment of costs must be given. (Rule 22, Surrogate's Court.) TAXATION. 145 Fourteen days' notice to the attorney-general must be given of an application for a share of money from an estate paid into the State treasury for the benefit of unknown legatees or heirs. (§ 2747 Code Civ. Pro.) Sixty days after a warrant is placed in the hands of the sheriff directing him to seize property withheld from an administrator he must make a return thereon. (§ 2710 Code Civ. Pro.) See Heirs ; Public Administrator. TAXATION. See Costs. TAXES. iLocal Improvements. Ten days after the confirmation of an assessment for local improvements, notice thereof shall be published in the City Record. (§ 916 N. Y. City Consol. Act.) Sixty days after an assessment for local improvements is entered, the same must be paid, or interest will be charged. (§ 916 K Y. City Consol. Act.) Three months after the date of confirmation of an assess- ment for local ..improvement proceedings to set the same aside must be commenced. (§ 902 N. Y. City Consol. Act.) Increase or Reduction. Six months after the delivery of the books to the receiver 146 TAX SALES — TEMPORARY ADMINISTRATOR. of taxes, any remission or reduction of taxes on real estate must be made. (§ 822 N. Y. City Consol. Act.) Thirty days after submission of an application to the com- missioners to reduce the valuation of personal estate they must render their decision. (§ 820 N. Y. City Consol. Act). Twenty days before the closing of the tax books, notice to the party affected of an increase in valuation of his property by the commissioners must be given. (§ 819 K Y. City Consol. Act). Collection of. One year after the return of a warrant issued for the collec- tion of taxes on personal property, the receiver may apply to the court for the enforcement of the tax. (§ 857 K Y. City Consol. Act.) TAX SALES. Three months' publication, once each week, of a notice of sale of real property for non-payment of taxes is re- quired. (§ 926 N. Y. City Consol. Act.) Fifteen months the sale may be postponed. (§ 928 N. Y. City Consol. Act.) Six days' notice of the sale of personal property seized by the sheriff for non-payment of taxes must be given by posting the same. (§ 855 N. Y. City Consol. Act.) TEMPOEAKY ADMINISTRATOR. .See Surrogate's Court. TENANT FOR LIFE — TENDER, OFFEES. 147 TENANT FOR LIFE, PROCEEDINGS TO DIS- COVER DEATH OF. Once a year a petition for the production of a tenant for life may be presented to the Supreme Court. (§2302 Code Civ. Pro.) Fourteen days before presentation the petition must be served upon the person required to produce the tenant. (§ 2304 Code Civ. Pro.) Fourteen days before the time therein specified an order to produce the tenant or prove that he is alive must be served. (§ 2306 Code Civ. Pro.) Ten days after the case is closed the referee must deliver his report to the petitioner or file it with the clerk. (§ 2308 Code Civ. Pro.) Two to four months^ notice of the time when and the place where the commissioners will attend must be given the adverse party. (§ 2313 Code Civ. Pro.) TENDEE, OFFERS. Ten days after money is paid into court notice thereof ia writing must be served on the plaintiff's attorney. (§ 732 Code Civ. Pro.; Four days after a party exhibits to the opposite party a paper requesting a written admission of its genuineness, the admission must be given or the expenses of prepar- ing the same must be paid by the party refusing, upon direction of the court. (§ 735 Code Civ. Pro.) See Justices' Courts ; Offer of Judgment. 148 TERMS OF COURT. TERMS OF COURT. Appellate Division. Thirty days before the commencement of such term an appointment of a term of an Appellate Division must be made and filed in the office of the Secretary of State. (§ 226 Code Civ. Pro.) Four weeks in succession the Secretary of State must pub- lish a copy of the appointment of a term of an Appel- late Division. (§ 226 Code Civ. Fro.) Supreme Court. Every two years the justices of the Appellate Division in each department, or in case of their failure so to do, the justices of the Supreme Court for each department, must fix the times and places for holding terms of court, and shall make rules therefor. (§ 232 Code Civ. Pro.) Three weeks in succession before the holdicg of a term in pursuance thereof, the Secretary of State must publish a copy of the appointment of terms of court of the Supreme Court. (§ 233 Code Civ. Pro.) County Court. Three weeks in succession before a civil term is held and four weeks in succession before a criminal term is held, the appointment thereof by the county judge must be published. (§ 356 Code Civ. Pro.; § 45 Code Crim. Pro.) See Rules. TESTAMENTARY TRUSTEE — TRUSTEE. 149 TESTAMENTARY TRUSTEE. See Surrogate's Court. TRANSFER TAX. See Surrogate's Court. TRIAL. Place of Trial. Five days after service of a demand for a change in the place of trial [the ^plaintiff must consent (§ 986 Code Civ. Pro.), or Ten days thereafter defendant may serve notice of a motion for that purpose. (§ 986 Code Civ. Pro.) Decision. Twenty days after the close of the term the decision of the court must he filed. (§ 1010 Code Civ. Pro.) Otaj ectiongto^ Jury . Six months from the date of verdict any party may raise an objection that one of the jurors was related to another of the parties. (§ 11C6 Code Civ. Pro.) Stenographer's Minutes. Two years after a trial or hearing the stenographer may destroy the original uotes thereof. (§ 84 Code Civ. Pro.) See Motion ; N otice of Trial ; Surrogate's Court. TRUSTEE. See Debtors ; Limitations, Statute oe ; Surrogate's Court. 150 UNDERTAKING — WRIT OF INQUIRY. UNDERTAKING. See Appeals ; Arrest ; Attachmknt ; Costs ; City Court ; Justices' Courts ; Replevin ; Sureties ; Surrogate's Court. VENUE. See Trial. VESSELS. See Attachment. VOLUNTARY DISSOLUTION. See Corporation. WILLS. See Surrogate's Court. WITNESS. See Justices' Courts ; Subposna Duces Tecum. WRIT OF INQUIRY. See Assessment of Damages ; City Court. Headley on Assignments. By Russel Headley of the Newburgh Bar. It is a complete, thorough and concise treatise, giving all the law and practice under the New York statute, with complete forms. Over 2,000 cases cited. Printed in the best law-book style and bound in sheep. Price, $3.00 net. Newburgh, N. X.,June 29, 1S96. Dear Sir — I have carefully examined the new work on "Assign- ments for the Benefit of Creditors," by Mr. Headley, and am confident that it is a work that will meet with favor by the profession. It is care- fully compiled and embraces the amendments and decisions to date. The concise and yet complete form of the work must render it of great assistance to the profession. Yours, CHAS. F. BROWN, Pres. Justice, id Appellate Division. Dear Sir — A careful examination of Mr. Headley's new work on "Assignments for the Benefit of Creditors" proves it to be an excellent work and one that will prove of much benefit to the profession. The concise yet complete manner in which the subject is handled, together with the careful compilation of all the authorities down to date, makes it of especial value to the practitioner, who is thus saved valuable time in getting directly at the kernel of the subject-matter. WILLIAM D. DICKEY, Justice Supreme Court, id Jud. Dist. 151 Dugan's Law and Practice for Justices of the Peace. The Civil and Criminal Law and Practice before Justices of the Peace, Police Justices and Magistrates, and in Justices' Courts and Courts of Special Sessions under the Statutes, Code of Civil Procedure, Code of Criminal Procedure and Penal Code of the State of New York. The work contains special chapters embodying the General Mechanic Lien Law, the Law of Evidence, and of Contracts, including Chattel Mortgages and Conditional Sales . The Statutes of Limitations and Frauds are thoroughly treated. All the statutes and constitutional provisions relating to Justices of the Peace are included in it. It also contains a Full and Complete Set of Forms, both Civil and Criminal, especially adapted for use, under the Statutes, by Justices of the Peace. Also Forms of Pleadings. The practice relating to Appeals from Judgments and Orders of Justices' Courts, Courts of Special Sessions, Justices of the Peace and Magistrates is pointed out with minuteness. This work has been so arranged as to make the practice before such courts and justices clear and simple. The chapters are so arranged that they follow each other as the various steps in the action or proceeding are taken. It is, in fact, a Library in itself for Justices of the Peace. A large number of cases and decisions are cited, and in such a manner as to be easily understood. From The American Lawyer — * * * * * Numerous citations are made from decisions of courts of last resort, to sustain the law as set forth in the work. ***** The very full and complete manner in which the book treats every subject adds greatly to its usefulness and value, and a book destined to find much favor with the lawyer as well as its apparent necessity to the justice of the peace. The Albany Law Journal says: ***** The book is a compilation of the law and practice in both civil and criminal cases in the inferior courts of the State of New York, each part, the civil and criminal, being separately and fully treated. Practice on appeal is minutely treated and forms a considerable part of the work. The forms in both criminal and civil cases are very numerous and carefully drawn. * * * * *■ The work should be found in the hands of every justice of the peace and in the office of every active practitioner in the State. From The Albany Argus — All the law that is necessary a magistrate presiding in Justices 1 Court or the lawyers practicing before him should know is embodied in "Law and Practice in Justices' Courts," with forms, by Patrick C. Dugan. * * * * * The notes of cases under various sections supply a digest on the law on all subjects likely to come before a justice of the peace for decisions. ***** There is no recent digest of the common law on these subjects, as enunciated by the courts.of New York State that is so concise, so clear t and at the. sa?ne time so complete as this. DUGAN'S LAW AND PRACTICE, Justices' Courts, 2 vols $8.00 Same, the two volumes bound in one large book 6.50 THE CIVIL LAW AND PRACTICE, vol. 1 (separately) 4.00 CRIMINAL LAW AND PRACTICE, and PENAL CODE, vol. 2 (separately) 4-5° All are handsome volumes, bound in full sheep. 152 Poor, Insanity and State Charities Laws. By Robert C. Cumming and Frank B. Gilbert of the Albany Bar, authors of " The Excise and Hotel Law" etc*, and assistants to the Statutory Revision Commission. It is a large octavo volume, Fully Annotated, Indexed, etc. Bound in sheep. Price%^oo net, or $5.25 by express, prepaid on receipt of the amount. Contains— The Poor Law, The Insanity Law, The State Charities Law, and the law relating to Bastardy Proceedings, the Support of Poor Persons by Relatives, the abandonment of wives and children by husbands and fathers and the appointment of committees of the estate and persons of lunatics, idiots, habitual drunkards and all other incompetent persons, and also the special laws relating to powers and duties of the Department of Public Charities and Correction in the City of New York and the Board of Corrections and Charities in the City of Brooklyn. All these laws are Annotated with notes referring to the provisions of the old law, which are superseded, and containing Citations of all the cases decided under the old law, which are now applicable. There are included parts of the Code of Criminal Procedure, relating to the duties of poor officers in bastardy proceedings and proceedings to compel the support of poor persons by relatives. g3^~ The law relating to the appointment of committees of incompetent persons such as lunatics, idiots and habitual drunkards, and the powers and duties of such committees, are fully set forth and carefully annotated. All the forms to be used by superintendents of the poor of counties and over- seers of the poor of towns, in making the reports, giving the notices, and taking the proceedings now required by law in administering the affairs of their offices, are given in full. They will be found of incalculable value. All the rules and regulations adopted by the State Commission in Lunacy, and a complete directory of the various state hospitals and charitable institutions are appended. Lawyers, Physicians, Magistrates, Overseers of the Poor, Supervisors and Town Clerks and others interested in the care and maintenance of the poor, the insane and other incompetents will find this work of great value. * * * * The .labor of compiling and arranging the material for the book seems to have gone into the right hands. The book treats very fully with the different condi- tions the unfortunates are placed in, their rights, and the care and disposition of their property, as well as the duties and the powers of the officers and overseers of the poor and others. The citatition of authorities is very full. The forms have been prepared with much care, and cover most every case that will arise under the law. The book is timely and very useful. " — The American Lawyer. 153 Excise and Hotel Laws. By Robert C. Cumming and Frank B. Gilbert of the Albany Bar, authors of the " Poor, Insanity and State Charities Laws" A Book for Lawyers, Hotel Keepers and Liquor Dealers under the Liquor Tax Law of 1896, with Forms and Annotations. Bound in full sheep, price $2.50. STATE OF NEW YORK, Department of Excise, Henry H. Lyman, Commissioner. Albany, June 29, 1896. Mr. Matthew Bender, Law Publisher, Albany, N. ¥.: Dear Sir — We have several copies of your publication of 1896 Excise Laws, arranged by Messrs. Cumming & Gilbert, in use in this depart- ment. I have occasion to refer to the work daily and find it all that could be desired under the present law. The references seem to be accurate and thorough and the book is made up on a sensible, well- arranged plan. M. N. CLEMENT, Deputy State Com'r of Excise. STATE OF NEW YORK, ) Attorney-General's Office, j Albany, July 1, 1896. Matthew Bender, Albany, N. Y.: Dear Sir — I am pleased to commend the compilation of the liquor laws of this State for 1896 by Cumming & Gilbert, and published by you. This book has been of great assistance to me in all matters pertaining to the liquor law, it is nicely arranged, and so far as I have been able to judge, the citations are both exhaustive and correct. Yours very truly, FRANK M. PARSONS, Deputy Attorney -General. GUGGENHEIMER, UNTERMYER & MARSHALL, ) No. 30 Broad Street. \ New York, June \, 1896. Gentlemen — Your book on Excise and Hotel Laws has recently come under my observation, at a time when I had occasion to put it to the most practical test. It proved to be of the highest utility, and I take this opportunity of expressing my recognition of the work that you have so well performed. Very truly yours, LOUIS MARSHALL. GRAND UNION HOTEL, ) Opposite Grand Central Station, j- Ford & Company, Proprietors. ) New York, June 4, 1896. Gentlemen — Your recent book dealing with the Excise Laws and containing the different laws pertaining to the rights, duties and liabili- ties of innkeepers, has been received. This work is one which will undoubtedly be of great interest and use to hotel-keepers throughout the state, and I am very glad to get it, and think a copy should be in the hands of every hotel man. Yours respectfully, SIMEON FORD, Secretary A '. Y. City Hotel Association. 154 Bender's Lawyers' Diary and Directory. A Court Calendar Diary for Lawyers in. New York State, issued annually, giving the appointments for the Courts, all the Court Rules, Federal, New York State and City Governments, County Officials, Legal Directory of the State and a mass of information useful to lawyers. Made for desk use; size 6\ x 9J inches. Opinions of the Profession. Hackett & Williams, Poughkeepsie, N. Y.: "We enclose $2.00 for Lawyers' Diary. Have used it from first. It constantly improves." B. Gerson Oppenheim, 265 Broadway, New York City : " This Diary is the best of its kind ever issued to the Bar." Le Roy Parker, Buffalo, N. Y.: "* * * I cannot possibly do with- out your Lawyeis' Diary. Please send me a copy as soon as printed." Geo. H. Bruce, 38 Park Row, -N. Y. City: "Of course I want the Diary — in fact, I don't know how to get along without it. There can be but one honest opinion, i. e.: It is the very best, and cannot well see how you ca?i improve it. Enclosed please find check." Frost & Manser, Peekskill, N. Y.. "Of course we want your Diary. Couldn't very well get along without it." Leon Lewin, 106 and 108 Fulton St., New York City: " Enclosed please find check for $2.00 in payment of )-our Lawyers' Diary and Directory. I am more than pleased with the same, and, in fact, consider it indispensable." James C. de La Mare, no East 125th St., New York City: " I have found it very useful and beyond doubt it is the best ever issued" Peter Cantine, Saugerties, N. Y.: " Send me your Diary when published for this year. I was pleased with the one of last year." C. H. & J. A. Young & Terry, 170 Broadway, New York City: "Send us jyour Diary. Your Diaries in former years have been the most complete of any on the market, and we have reason to believe that they will be excelled by this year's publication." R. F. Wilkinson, Poughkeepsie, N. Y.: " Diary 1895 — good. Send me one for 1896." William George Oppenheim, 61 Park Row, New York City: " It meets my wants. Send me the 1896 Diary." Raley & Kiley, Glens Falls, N. Y.: " Of course we want a Diary. * * # We couldn't get along without it." Francis C. Allen, Ovid, N. Y.: "The Diary is the best thing I have ever seen of the kind." Price $2.25 with name in heavy faced type, or price of Diary alone $1.75 delivered. 155 You Should Not. By Samuel H. Wandell of the New York Bar- A book for lawyers, old and young, containing the elements of legal ethics. It is a handsome little volume, bound in attract- ive style. Price, $1.00. It presents the much-neglected subject of Legal Ethics in a concise, novel and attractive form. It contains wise maxims and precepts which should be applied to your every-day life. It teaches you to be honorable and upright in all the relations of life, to deal justly by your clients and to be courteous and charitable towards your professional brethren. It shows the mistakes often made by lawyers when entering the bar, and tells what should be avoided if you desire to stand well in your profession. It is practical and commends itself to all persons of experience and mature judgment. It is a safe counselor and guide to the lawyer. It is a code of " danger signals" for lawyers of all ages, showing the pitfalls and quagmires into which so many have fallen. It gives advice about " Yourself," " Your Business,"" Your Office," " Your Clients," " Your Fees," " Your Associations," " Your Morals," and " Your Health." It tells you how to conduct yourself in court so as to make a favor- able impression upon the judge and the jury; how to examine and cross- examine witnesses; how to deal with adverse and unwilling witnesses; how to win your case without resorting to the tricks of the "pettifogger." It bristles with spicy pages, showing the weakness and foibles of lawyers, the errors of judgment and fatal mistakes of the practitioner, and warns you of the rocks and breakers which may wreck your craft in the stormy seas of professional life. It is original; nothing like it was ever written; it is "keen as a razor," " as fresh as new-mown hay; " entertaining, instructive, elevat- ing. You will endorse this statement after reading it. It compiles valuable decisions as to the duties and liabilities of attor- neys; illustrates the nature and history of the legal profession, and is filled with sound, common-sense advice to lawyers. It aims to educate the members of the bar, to encourage them to attain to high ideals and to show the disreputable practices which have so often brought odium and disgrace upon the profession. It tells you what you should not do, points out the way to become a successful lawyer, an esteemed member of society, and to preserve a spotless reputation. 156 Smith on Chattel Mortgages and Conditional Sales. Second Edition. By P. C. Dugan of the Albany Bar, author of "Dugan's Law and Practice for Justices of the Peace. " It is a hand- some book, bound in full sheep. Price, $2.50. The original edition, which was issued in 1889, was generally and generously commended by the profession as a valuable work. To that has been added all the reported decisions in the State of New York, and all the Statutes as amended, which concern chattel mortgages. It also contains all the Statutes as amended regarding Conditional Sales, and the reported cases defining the rights of parties under con- tract of Conditional Sale. The work in its present shape is much more valuable to the lawyer than it has heretofore been. The principles are concisety and logically arranged. The plan is so natural and systematic that the lawyer can turn at once to the point under inquiry. All Forms are given adapted to the latest cases and the Code of Civil Procedure. CHAP . CONTENTS. 1. The instrument. 2. Filing and Refiling. 3. The validity of Chattel Mortgages. 4. Of the Disposition and Sale of the Mortgaged Property. 5. Assignment, Payment, Discharge, Redemption. 6. Mortgage of Ships and Vessels. 7. Contracts of Conditional Sale. 157 Hall's Bank Laws. By Charles Roswell Hall, Counselor-at-Law and late Deputy and Acting Superintendent of the Banking Department of the State of New York. Over 654 pages, bound in full sheep . Price, $5.50. Bank Lawyers, Bankers, Bank officers, and all Corporation Lawyers should have it. Containing the law governing the Incorporation, Conduct and Super- vision of National Banks, State Banks, Savings Banks, Trust Com- panies, Safe Deposit Companies, Individual Bankers, Mortgage, Loan and Investment Companies, and in relation to Building and Loan and Co-operative Savings and Loan Associations. With full notes of pertinent judicial decisions, Extracts from opin- ions of the Attorney-General, explanatory of different sections of the law, rulings of the Superintendent of Banks, etc., sufficient to show the controlling interpretation of any obscure provision. The Forms and Instructions are official, and the Annotations are of controlling decisions only. The many changes in the Banking Law during the past two years make a new work on this subject necessary for the convenience of Law- yers, Bankers, and their clients and depositors. We feel confident that with the Corporation and Supplemental Laws included, this is the most useful and complete work on the subject now in the book market. Mr. Hall has been actively connected with the Banking Department for five years, has actual knowledge of the working of the banking law in reference to every kind of financial institution, and is a recognized authority on matters pertaining to Building and Loan Associations. His knowledge of the law and the rulings of the Superintendent, makes this in the nature of an official edition of the Law for Banks, 158 American Electrical Cases. Containing all the important cases (excepting patent cases') decided in the State and Federal Courts of the United States on subjects relating to the Electric Railway, Telegraph, Tele- phone, Electric Light and Power and all other practical uses of electricity. The importance of keeping in touch with the growth and develop- ment of the law of electricity can hardly be over-estimated, and the lawyer in general practice desiring to keep abreast of the times can not afford to be without the " American Electrical Cases." — Ohio Legal News. These reports are of the greatest value to every lawyer of the present age of electricity. The wide scope of these volumes makes them of unusual merit. — Albany Law Journal. * * * This is the most important addition to legal literature on a subject of great and growing importance. * * * The subject of electricity has already provoked much litigation, which will necessarily increase as the uses of electricity become more general, so that the im- portance of having the collected cases, as above, becomes at once ap- parent. — Western Reserve Law Journal. I have given Vol. I "American Electrical Cases" a careful examin- ation, and as the result of my examination heartily commend it to the bench and bar. — ffon. Byron K. Elliott (late Chief Justice of the Supreme Court of Indiana) in Law Book News. Nowhere else can one find the law of the telegraph and the street rail- way so conveniently set forth. — Harvard Law Review. This is the most valuable series of cases for active lawyers that has appeared within recent years. So long as the telegraph was the sole instrument which employed the electric current, the law of electricity did not develop to any marked extent; but the legal questions growing out of the man}' practical ap- plications of electricity during the last few years have resulted in a very rapid increase in the number of judicial decisions in this depart- ment of law. It is to keep the profession in touch with these decisions that the current series of cases has been projected. The opinions are printed exactly as they were delivered, without addi- tion or excision. The annotations are carefully arranged, comprehen- sive, and do not suggest any evidence of "padding." A general note at the end of the volume contains memoranda of cases not selected for reprinting in full." — New York Law Review. Attorneys for electrical interests will do well to possess these volumes. Both the editor and the publisher have done their duties well, and a good book is the result. — Michigan Law Journal. 159 Fiero on Special Actions, Second Edition. By J. Newton Fiero, Dean of the Albany Law School. This splendid treatise is the recognized authority on Practice in New York State under the sections of the Code which it covers. In this edition Mr. Fiero has revised and rewritten, line by line, the entire work, bringing it down to date. All the decisions down to the present time have been cited and digested. The Forms have received special attention, and the collec- tion is the most complete and autho?'itative to be found. Two large octavo volumes of 1,644 pages j printed and bound in the best law book style. Price $12.00. CHAPTER HEADINGS. I. Ejectment. II. Partition. III. Dower. IV. Foreclosure. V. Determination of a claim to real property, Action to compel. VI. Waste. VII. Nuisance. VIII. Reversioners and joint tenants, Action by, IX . Cutting trees or timber and when treble damages allowed. X. Notice of pendency of action. XI. Judgment for and sale of real estate. XII. Miscellaneous provisions relating to real estate actions. XIII. Mechanic's lien. XIV. Replevin XV. Foreclose a lien upon a chattel, Action to. XVI. Annul a void or voidable marriage, Action to. XVII. Divorce. XVIII. Separation. XIX. Provisions applicable to nullity, divorce and separation. XX. Actions relating to a corporation. XXI. Receivers. XXII. Action bv or against an executor or administrator. XXIII. Action by a creditor against his debtor's next of kin, etc. XXIV. Action to establish or impeach a will. XXV. General and miscellaneous provisions relating to estates. XXVI. Judgment creditor's action. XXVII. Action by private person upon an official bond. XXVIII. Action by private person for a penalty or forfeiture. XXIX. Certain actions to recover damages for wrongs. XXX. Miscellaneous actions and rights of action. XXXI. Actions by or against an unincorporated association. XXXII. Actions by or against certain county, town and municipal officers. XXXIII. Actions and rights of action by and between joint debtors. XXXIV. Action against usurper of an office or franchise. XXXV. Miscellaneous actions on behalf of the people. 160