?^ j^^^^S?^: <^mm\{ Cam Bt^anl Mxxnv^ Cornell University Library KFN6004.Z9C16 Caiman's code time-table :Containing an 3 1924 022 783 710 ,^-^c^ /f/r^ The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022783710 CODE TIME-TABLE. CONTAINIKG AN ALPHABETICAL ARRANGEMENT OF THE VARIOUS PERIODS OF TIME REQUIRED BY THE LAWS OF PRACTICE IN ALL ACTIONS AND PRO- CEEDINGS IN THE COURTS OF THE STATE OF NEW YORK, AS KBGDLATBD BY The Code of Civil Peoceduee, the Rules of the COUETS AND THE GeNEEAL LaWS OF THE StATE. BT DATID CALM AN, ATTORNEY AND COUNSELLOE AT LAW. NEW YOEK: L. K. STROUSE & CO., Publishees, 95 NASSAU STREET. 1883. ^^>i/^ Entered, according to Act of CongrcBs, In the year 1883, by L. K. Steottsb & Co. In the Office of the Librarian of Congress, at Washington. A TABLE OF THE TIMES REQUIRED F6r aEACH STEP IN THE PRACTICE OF THE COURTS ERRATA. P. 22 lines 9 and 13 read " laws 1877 ch. 466 " for " laws 1878 ch, 318." P. 25 last line read "laws 1877 ch. 466" for " laws 1878 ch- 318." P. 33 lines 15, 17 and 19 read " Common Pleas" for "General Eules." P. 37 line 1 read " the execution of a commission " for " an execution." P. 41 line 9 read '• laws 1857 ch. 344 §25 " for '• §3960 Code." P. 76 line 2 read " Eule 19 " for " Eule 7." P. 76 line 7 read -'Rule 3 Court of Appeals - for "§1315 Code." P. 78 line 34 read " Supreme" for " Superior." P. 84 line 5 read " 3 months " for " 30 days." Account of Public Administrator. 14 days nitev Januari/ 1st of every year, he must account to Board of Aldermen, and publish the account daily in a city paper, and twice a week in the State paper for 3 weeks (N. Y. City ConsoHdation Act, § 242). Judicial Settlement of the Accounts of Executors, Ad- ministrators, and Testamentary Trustees. 1 year after letters testamentary or letters of admmistration are issued, or after probate, or at any time when for any reason A TABLE OF THE TIMES REQUIRED F(&R JiACH STEP IN THE PRACTICE OF THE^OURTS OF NEW YORK. ABATEMENT. 6 months to one year after an order is granted that the action be continued by the proper parties on death or marriage of the plaintifE, the order must be obeyed or the action abates (§ V61 Code). See Nuisances. ACCOUNT. Intermediate Account of Executors or Administrators. ] 8 months after letters testamentary or letters of administration are issued, any party interested in the estate of the de- cedent may require an intermediate account, if no judicial settlement of the accounts of the executor or administrator has been demanded, or on return of a citation on an appli- cation of creditor or legatee for payment of a debt or legacy, or when an execution against decedent's estate is ordered (§ 2723 Code). Account of Public Administrator. 14 days aiter January 1st of every year, he must account to Board of Aldermen, and publish the account daily in a city paper, and twice a week in the State paper for 3 weeks (N. Y. City Consohdation Act, § 242). JTudlclal Settlement of the Accounts of Executors, Ad- ministrators, and Testamentary Trustees. 1 year after letters testamentary or letters of admmistration are issued, or after probate, or at any time when for any reason t) TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE the executor's or administrator's powers have ceased, or property has been sold under a decree, any party interested in the estate of the decedent may petition for and compel a judicial settlement of the accounts of an executor, admin- istrator, or testamentary trustee (§§ 2724 and 2729, and §§ 2807 and 2810 Code). At any time a settlement of account of temporary administrator may be compelled (§ 2725 Code). Account of an Assignee under General Assignment Act of 1877. 1 year after the date of an assignment, any person interested in the estate may petition to have the assignee render an ac- count (Laws 1877, ch. 466, § 11). 8 days' notice of demand for an account must be given, by service of a citation on the assignee and others interested in the estate, if they are in the county where the judge sits who issues the citation ; and 15 days' notice if they reside in another county (Laws 1877, ch. 466, § 14). Once a week for 6 weeks the citation must be published in one newspaper, if the residence of any person is unknown, and a copy must be mailed to him 30 days before the return day, addressed to his last known address (Laws 1877, ch. 466, § 15) ; or 30 days before the return day the citation must be served on him personally within the United States ; or 40 days before the return day, without the U. S. (Laws 1877, ch. 466, § 16). Once a week for 4 weeks the citation may be published, in one newspaper, if there are more than 25 creditors, instead of personal service, and the citation must be mailed 30 days before the return day to each of them (Laws 1878, ch. 318, § 4). Bill of Particulars In Actions on Account. 10 days after a demand for a bill of particulars of the claim or PRACTICE OF THE COURTS OF NEW YORK. 7 counterclaim is made in actions or counterclaims on an ac- count, such bill of particulars must be served (§ 531 Code). ACCOUNTING. Objections to the Accounting of ElxecutorS; Administra- tors, Guardians, or Trustees. 8 days after an executor, administrator, guardian, or trustee files an accounting in the Surrogate's Court, an objecting party must file and serve his objections thereto, unless the time is extended by the surrogate or by consent (Rule 8, Surro- gate's Court). 2 days' notice of settlement of a decree on such contested account- ing must be given (Rule 10, Surrogate's Court). Accounting of an Assignee under General Assignment Act of 1877. See Account, supra. ADJOURNMENT. In District Courts and Courts of Justices of tlie Peace. 8 days' adjournment can be granted by the judge on the return of the summons or after joinder of issue (§ 2969 Code). After Arrest. 48 hours is the limit of the power of the judge to adjourn a case if defendant has been arrested, except by consent (Laws 1857, ch. 344, § 25). Wiien Witness not present. 5 days' adjournment can be had when attachment is out for a wit- ness (§ 2967 Code). 90 days' adjournment can be had if party cannot proceed for want of certain described evidence, and giving undertaking (Laws 1857, ch. 344, §27). Wlien more tlian 90 days' Adjournment alloived. More than 90 days' adjournment without consent can be had — 1. When a venire is issued but no jury procured, and a new venire is necessary, or talesmen required, the trial may be adjourned 2 days beyond the 90 days. TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE 2. When jury could not agree on a verdict, and is dis- charged, in order to get new jury. 3. When attachment is out for a witness (§ 2967), or a warrant is issued to commit a recusant witness, an adjourn- ment thereon is not part of the 90 days allowed (§ 2968 Code). ADJCrSTIWENT OF COSTS. In ]TIai-Ine Court of Nenr Yorli (called City Court after July 1,1883). 2 days' notice of adjustment of costs must be given if the attor- neys do not all live in New York County ; but 1 day's notice suffices if they all have offices in New York County (§ 3161 Code). In Surrogate's Courts. 2 days' notice of adjustment required (Rule 23, Surrogate's Court). In all other Courts of Hecord. 5 days' notice of adjustment of costs required if the attorneys do not all reside in the same county ; but 2 days' notice suffices if all attorneys have offices in the county where the costs are to be taxed (§ 3263 Code). ADMINISTKATION, liETTERS OF. See Letters Testamentary and of Administration. ADOTINISTKATORS. Justification of Sureties. 5 days' notice of demand for the justification of sureties must be given to an administrator (Rule 19, Surrogate's Court). Temporary Administrators. 10 days' notice of an application for an order appointing a tem- porary administrator must be given to all persons interested "who have appeared (§ 2669 Code). 10 days' notice of a motion for an order to sell personal properly must be given by a temporary administrator to all parties who have appeared (§ 2672 Code). PRACTICE OF THE COURTS OF NEW YORK. 9 ' 6 months after his appointment, a temporary administrator may advertise for creditors (§ 2673 Code). 1 year after his appointment, the temporary administrator may obtain an order to pay decedent's debts, or a creditor may petition for the payment (§ 2674 Code). 10 days after a temporary administrator receives any money, he must deposit it, or may be compelled to do so on an order to show cause, which in New York County must be re- turnable in 3 days, and in all other counties in 15 days, and which must be served on him 10 days before the return day, in all counties but New York, where 2 days is enough (§§ 2678 and 2679 Code). 2 days' notice of motion to withdraw such moneys must be given to all persons interested who appeared (§ 2680 Code). At any time a judicial settlement of his accounts may be compelled (§ 2725 Code). Appraisement of Estate— Inventory. 5 days' notice of appraisement must be given by an administrator to all legatees and next of kin (R. S. Part II., ch. VI., tit. 3, Art. I., § 3). 3 months after letters are granted, the inventory must be filed {ibid. § 15). Creditors and Ijegatees Petition for Payment of tbeir Claims. 6 months after letters are granted, a creditor can petition for the payment of his claim (§ 2717 Code). 1 year after letters are issued, a legatee or devisee can petition for the payment of his claim (§ 2717 Code). Account of Administrator 18 months after letters are grantc], or on the return of a citation on a petition by a creditor or legatee for payment of debts or legacy, or when execut.on against decedent's estate is ordered, an intermediate account may be required by any interested person (§2723 Code). 1 year after letters are granted, or when for any cause the admin- 10 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE istrator's powers have ceased, or property has been sold un- der a decree, any interested person may petition for a judi- cial settlement of the accounts (§§ 2724 and 2729 Code). Petition to sell Real Property to pay Debts, &c. 3 years after letters are granted, or earlier, the administrator can petition to sell real property of decedent to pay decedent's debts or funeral expenses (§ 2750 Code). Public Administrator. 30 days before the time specified for an application for letters on an estate exceeding one hundred dollars, he must notify widow and relatives in the city, or publish the notice against non-residents (N. Y. City Consolidation Act, § 227). Twice a week for 4 weeks such notice must be published (N. Y. City ConsoUdation Act, § 227). 14 days aitev January 1st of every year, he must account to Board of Aldermen, and publish account daily in a city paper, and twice a week in the State paper for 3 weeks (N. Y. City Consolidation Act, § 242). lilmltatlon of Actions by and against Administrators. 1 year after the death of the intestate, the administrator may sue on a cause of action which has expired since decedent's death (§ 402 Code). 18 months after letters are issued on the estate of a person dying without the State, are not part of the time limited within which an action must be brought against the decedent's estate (§ 391 Code). ABVERTISElttEIVT. See Assignment, Citation, Summons, Execution, Admin- istrators AND Executors, Creditors, and Qui Tam. ADVERSE POSSESSION. Against tlie State and its Orantees. 40 years after a cause of action accrues to the State or its grantee, under letters patent or grant, for real property, or the rents PRACTICE OF THE COURTS OF NEW YORK. 11 or profits thereof, an action must be begun therefor (§§ 362 and 363 Code). 40 years after the State or grantee has last received the rents and profits of any real property, an action for the recovery of the property is barred (§ 362 Code). 20 years after letters patent or a grant has been annulled by the courts, the State or a subsequent grantee must commence an action for the recovery of the property (§ 364 Code). Against Individuals. 20 years' occupation under a claim of title under a written instru- ment or judgment, or decree of a competent court, consti- tutes adverse possession, if the land has been usually culti- vated or improved, enclosed by a substantial enclosure, or used for a supply of fuel and timber to the occupant (§§ 369 and 370 Code). 20 years' occupation under a claim of title based on no written instrument constitutes adverse possession, if the land has been enclosed by a substantial enclosure, or is usually culti- vated or improved (§ 372 Code). Disability of a Claimant. Until 10 years after the removal of the following disabilities, or the death of the party disabled, the above limitations to an action may be extended, if at the time the cause of action accrues, the persons entitled to sue is 1. Under 21 years of age ; 2. Insane ; or 3. Imprisoned for a term less than his life (§ 375 Code). AFFIRMANCE, ORDFR AND JUDGMENT OF. Suit against Sureties. 10 days after service of a written notice of affirmance on the at- torney for appellant, the respondent can sue the sureties on the undertaking on appeal (§ 1309 Code). Appeal from Order or Judgment of Affirmance. See Appeal. 13 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE AliDERIHEIV, BOARD OF, NEW YORK CITY. See Administrator and Comptroller. AMENBOTENT OF FL.EADIIVG. 20 days after service of a pleading, or after receipt of the answer- ing pleading, it can be amended of course, without costs, if not done for delay (§ 542 Code). 6 days after such service or receipt, in the Marine Court ( City Court) of New York (§3166 Code). AMENDMENTS TO CASE ON APFEAI.. 10 days after a case on appeal is served on respondent, he must serve his amendments (Rule 32, General Rules). 4 days after service of amendments, appellant must give notice of settlement (Rule 32, General Rules). ■ 4-20 days' notice of settlement can be given (Rule 32, General Rules). ANSWER. When to be sei-Ted. 20 days after complaint is served, answer must be served (§ 520 Code). 6 days after complaint is served in the Marine Court {City Court) of New York the answer must be served (§ 3166 Code). 2 days after complaint served in Marine {City) Court, if either party is non-resident (§ 3166). When Defendant i8 arrested. 20 days after an arrest, under an order which can be granted by a judge out of court, a defendant who has been arrested before answer can answer, and judgment stayed accordingly (§ 566 Code) ; but 10 days only allowed after arrest in Marine Court (City Court) of New York (§ 3166 Code). After Service of Summons by Publication. 20 days after publication" is completed, defendant must answer (§ 441 Code). PKAC'TICB OF THE COURTS OF NEW YORK. 13 10 days after publication is completed, defendant must answer in the Marine Court (City Court) of New York (§ 3165 Code). APPEAI,. A. TO COURT OF APPEAIiS. Xiiue in which an Appeal must be taken, 1 year after the judgment roll of the General Term has been filed, an appeal to the Court of Appeals must be taken (§ 1325 Code). 60 days after service of a General Term order, with notice of entry, an appeal to the Court of Appeals must be taken (§ 1325 Code). Return on Appeal. 20 days after an appeal is perfected, the appellant must file the RETURN (§ 1315 Code, and Rule 2, Court of Appeals). 10 days after respondent gives notice to appellant to file return, after failure to file the same as required above, the appellant must file the same or the appeal will be dismissed (Rule 2, Court of Appeals). Case on Appeal. 40 days after an appeal is perfected, the appellant must serve 3 copies of the case on appeal on respondent (Rule 7, Court of Appeals). 10 days after notice to serve case on respondent has been served on appellant, after his failure to serve same as above re- quired, appellant must serve same or appeal will be dis- missed (Rule 1, Court of Appeals). Undertaking on Appeal. 1 days after service of a copy of the undertaldng, with notice of filing thereof on appellant's attorney, the latter can except, in writing, to the sufficiency of the sureties (§ 1335 Code). 10 days after service of such notice of exception, the sureties, or new sureties, must justify before a judge of the court below or a county judge (§ 1335 Code). 5 days' notice of justification must be given (§ 1335 Code). 14 TABLE OF THE TIMES REQUIRED FOB EACH STEP IN THE Default. 10 days' notice of afBrmance, on the default of appellant, mnst be given before remittitur is sent to court below (Rule 15, Court of Appeals). B. TO THE GEIVERAIi TERM OF AI.I, COURTS EX- CEPT THE MARINE (CITY) COURT OF NEW YORK. Time In wblcb an Appeal must be taken. 60 days after service of a copy of a judgment or older of an INFERIOR COURT and notice of entry, an appeal to the Gen- era] Term of the Supreme Court must be taken (§§ 1341-3 Code). 30 days after service of a copy of a judgment or order and notice of entry, an appeal to the General Term of the court must be taken <§ 1351 Code). 4 months after the death of a party, who dies before his time to appeal expires, his personal representatives can appeal (§ 785 Code). 3 months after the entry of a decree or order in the Surror/ate's Court, a person not a party to the proceeding can appeal (§ 2572 Code). 10 days after notice of entry of judgment m an action to abate a nuisance, an appeal must be taken (N. Y. City Consolida- tion Act, § 641). Undertaking on Appeal. 10 days after service of undertaking, appellant must except to the sureties (Rule 5, General Rules, note 16). 10 days after service of notice of exception, sureties must justify (Rule 5, General Rules, note 16). 5 days' notice of justification must be given (Rule 5, General Rules, note 16). 20 days after service of an order requiring a new undertaking, it must be given or appeal will be dismissed, unless court ex- tends the time (§ 1308 Code). 10 days after service of order of affirmance, can sue sureties (§ 1309 Code). PRACTICE OF THE COURTS OF NEW VORK. 15 Papers on Appeal. 10 days after a trial by jury and verdict, or after a decision on a motion for a new trial, or after notice of entry of judg- ment on a verdict subject to the opinion of the court, or if the TRIAL was before a referee or a judge without a jury, 10 days after service of a copy of the decision, report and written notice of entry of judgment thereon, the pro- posed case or exceptions on appeal must be served on the op- posite party (Rule 32, General Rules). 10 days after service of the proposed case or exceptions, the respond- ent must serve his amendments (Rule 32, General Rules). 4 days after service of the amendments, notice of settlement must be given (Rule 32, General Rules). 4-20 days' notice of settlement must be given (Rule 32, General Rules). 10 days after settlement, case must he filed, if so ordered by judge or referee (Rule 35, General Rules). 8 days before the 1st day of the General Term, 3 copies, printed papers, must be served on respondent, and in the First De- partment 5 copies of the same, and of the points, must be filed, if the appeal is from a, judgment or enumerated motion (Rule 41, General Rules). 4 days before the first day of the term, 3 copies of the printed papers, on appeal from non-enumerated motions, must be served on respondent (Rule 41, General Rules). 8 days before the 1st day in the Common Pleas (Rule 4, Common Pleas). 4 days' notice of motion to dismiss appeal from judgment or enumerated motion, for failure to serve or file papers, must be given (Rule 41, General Rules). 3 days' notice of motion to dismiss appeal for non-service of papers, on appeal from non-enumerated motions, must be given (Rule 41, General Rules). Notice of Argnmeiit. 8 days' notice of argument on appeal must be given (Rule 40, General Rules). IG TABLE OF THE TIMES BEQUIRBD FOR EACH STEP IN THE IVote of Issue. 8 days before the term begins, a note of issue must be filed (Rule 39, General Rales). 3 days before the day noticed for argument on appeal from an order in the Superior Court, a note of issue mast be filed (Rule 3, Superior Court). C. FROOT AND TO «X:NE:RAIi TERM MARINE (CITY) COURT OF NEW YORK. To the Common Fleas ; when must appeal. 20 days after service of a copy judgment or order of General Term Marine (City) Coart and written notice of entry, an appeal to the Common Pleas must be taken (§ 3193 Code). To Creneral Term of Marine (City) Court; vrhen Appeal must be talcen. 10 days after service of a copy judgment or order and written notice of entry, appeal must be taken (§ 3190 Code). Papers on Appeal. 5 days before 1st day of General Term, appellant must serve 3 copies case (Rule 3, Marine Court). 3 days' notice of motion to dismiss appeal for non-service of papers must be given (Rule 3, Marine Court). Notice of Argument or Hearing, 5 days' notice of argument must be given (§ 3161 Code). Note of Issue. 5 days before day noticed for argument, note of issue must bo filed (Rule V, Marine Court). D. FROM DISTRICT COURTS OF NEW YORK, AND JUSTICES OF THE PEACE. W^lien to be taken. 20 days after entry of the judgment in the justices' docket, an appeal must be taken by a defendant served personally (§ 3046 Code). 20 days after personal service of written notice of entry of judg- ment, a defendant who did not appear, and was not person- PRACTICE or THE COURTS OP NEW YORK. 17 ally served, must appeal (§ 3046 Code) ; but such service must be made within 5 years after entry of judgment (§ 3046 Code). Making' and filing Return. 10-30 days after notice of appeal has been served, the justice must make his return (§ 3053 Code). 10 days' notice of motion to compel a filing of the return must be given (Kule 6, Common Pleas). 8 days before the 1st day of the term the return must be filed (Rule 13, Common Pleas). Notice of Argument or Hearing. 8 days' notice of argument on appeal must be given (§ 3062 Code). OfTer of JTudgment after Appeal. 15 days after a notice of appeal is served, for a new trial in ap- pellate court, the respondent may make a written offer of judgment (§ 3070 Code). 5 days after such offer is made, the appellant must accept it, if at all (§ 3070 Code). 10 davs after justices' return is filed, the case is at issue in appellate court (§ 3071 Code). At any time after case is at issue, an offer of judgment may be made, which must be accepted in 10 days (§ 3072 Code). APPEAIiS, COITKT OF. Time in Hrlilcli to Appeal. 1 year after the judgment roll of the General Term has been filed, must appeal to this court (§ 1325 Code). 60 days after service of an order of the General Term, with notice of entry, must appeal to this court (§ 1325 Code). Return to the Court. 20 days after the appeal is perfected, the return must be filed (§ 1315 Code, and Eule 2, Court of Appeals). 10 days' notice of motion to file return, on failure to file same as 18 TABLE OF THE TIMES REQUIRED FOB EACH STEP IN THE above required, must be given (Rule 2, Court of Appeals), and if return not then filed, appeal will be dismissed. Case or Exceptions on Appeal. 40 days after appeal is perfected, the appellant must serve 3 copies of case or exceptions on respondent (Rule 7, Court of Appeals). 10 days' notice of motion to dismiss appeal for non-service of case or exceptions must be given (Rule 7, Court of Appeals.) Default. 10 days' notice of affirmance on the default of appellant must be given before the remittitur can be sent to the court below (Rule 15, Court of Appeals). APPEARANCE. 20 days after service of summons, a notice of appearance must be served on plaintiff in all courts but the Marine (City) Court (§ 421 Code). 6 days after service of summons in Marihe (Citt) Court, notice of appearance must be served (§§ 3165 and 3166 Code). 2 days after service of summons, the appearance of defendant in the Marine (Citt) Court may be required if either party is a non-resident (§§ 3165 and 3166 Code). After Publication of tlie Summons and Judgment by Default tliereou. Up to judgment, defendant can appear (§ 445 Code). 1 year after personal service of written notice of judgment, except in divorce action and where expressly forbidden, defendant must be allowed to defend (§ 445 Code). 7 years after filing of judgment roll, where no such notice is served, defendant is allowed to come in and defend (§ 445 Code). APPRAISEMENT, NOTICE OF. 5 days' notice of appraisement of decedent's property must be given to legatees and next of kin (R. S. Part II., ch. 6, tit. 3, Art. I., § 3). PRACTICE OF THE COURTS OF NEW YORK. 19 ARBITRATION, COURT OF, OF CHAMBER OF COM- MERCE. 10 days after the arbitrator is confirmed, he must file his oath of office (N. Y. City Consolidation Act, § 1780). 10 days after appointment, the clerk must file his oath of office (N. Y. City Consolidation Act, § 178^). 2-5 days' notice to appear before the arbitrator must be given to adverse party (N. Y. City Consolidation Act, § 1791). 10 days after final hearing, tlie aioard must be made (N. Y. City Consolidation Act, § 1799). ARBITRATION AND AWARD. 1 year after an av?ard has been made, an application to confirm it must be made (§ 2373 Code). 8 days' notice of such application must be given (§ 2373 Code). 3 months after an award has been made, the unsuccessful party must move to vacate, modify, or correct the same (§ 2376 Code). ARGUMENT, NOTICE OF. 8 days' notice of argument must be given in all courts except the Marine (City) Court (Rule 40, General Rules). 6 days' notice of argument in Marine (City) Court (§ 3161 Code). ARREST., Wben AnsTirer must be served after Arrest. 20 days after defendant has been arrested, on an order which can be granted by a judge out of court, he must answer, but not required to answer sooner (§ 566 Code). 10 days after such arrest in an action in the Marine (City) Court, he must answer (§ 3166 Code). Return of Papers by Slierlffl". 3 days after bail has been given, sheriff must serve on plaintiff's attorney a copy of the order of arrest, return and under- taking (§ 577 Code). 10 days after arrest, if no bail is given, or after justification of 20 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE BAIL where bail is given, sheriff must make and file his return (§ 590 Code). Justlflcatiou y>f Bail. 10 days after return has been served, the plaintifE must except to THE SURETIES, exceptin Marine (City) Court (§ 577 Code). 5 days after service of return in said court must so except (§ 3168 Code). 10 days after notice of exception is served, notice of justifica- tion must be given, except in Marine (City) Court (§ 578 Code). 5 days after notice of exception in Marine (City) Court, notice of justification must be given (§ 3168 Code). 6-10 days' notice of justification must be given, except in Marine (City) Court (§ 578 Code). 2-10 days' notice of justification must be given in Marine (City) Court (§ 8161 Code). Motion to vacate Order of Arrest or to increase Secu- rity. 20 days after the arrest, on an order which can be granted only by the court, defendant can move to vacate the order (§ 567 Code). Up to the day of the judgment, such a motion can be made, if the order is one granted by a judge out of court (§ 567 Code). Up to day of judgment, can move to increase security on arrest (§ 507 Code). 20 days after such a motion is made, the judge must render his decision (§ 719 Code). Judgment and Execution on Order of Arrest. 1 month after plaintifE is in position to take judgment, he must do so, except when the order is a court order, m defendant is actually under arrest (§ 572 Code). 3 months after judgment entered, execution must be issued, or defendant will be discharged (§ 572 Code). Arrest in Marine Causes in Marine (City) Court. 1 day after arrest, the defendant must be brought into court, but PEACTICE OF THE COURTS OF NEW YORK. 21 if court is sitting at time of arrest, lie must bo brougtt there immediately (§ 3178 Code). 1 day after deposit in lieu of hail is given to the sheriff, he must pay money into coart (§ 3181 Code). 1 day after arrest, sheriff must make return^ or immediately if the court is sitting (§ 3184 Code). 6 days after issue joined, the case must be set down for trial, ex- cept by consent of parties, or defendant asis for a jury, and no jury term held in that time (§ 3186 Code). 3 months the trial may be adjourned in the last case (§ 3186 Code). In District Courts and Justice's Courts. 2 days' adjournment, and no more, can be granted by the judge if defendant has been arrested (Laws 18o7, ch. 344, § 25). 2 days' personal notice of a motion to discharge defendant from arrest before judgment must be given to plaintiff (§ 2901 Code). ASSAUIiT AND BATTERY, ACTION FOK. 2 years after the assault or battery, an action to recover damages therefor must be commenced (§ 384 Code). ASSESSMENT OF DAMAQES. S days' notice of the time and place of an assessment by the clerk must be given to a defendant who has appeared, but has made default in pleading (§ 1219 Code). 2 days' notice only, required in Marine (City) Court (§3161 Code). ASSIGNEE. See Assignment. ASSIGNMENT, GENERAL, FOR THE BENEFIT OF CREDITORS. AV^hen to file Inventory and Schedules. 20 days after the date of the assignment, the schedules and inven- tory should be filed by the DEBTOR (Laws 1877, ch. 466, §3): 23 TABLE OF THE TIMES REtjniRED FOE EACH STEP IN THE 30 days after the date of the assignment, the ASSIGNEE must file the schedules and inventory, if the debtor fails to do so (Laws 1877, ch. 466, § 3). 60 days this time may be extended by the court (Laws 1878, ch. 318, § 1). Advertising for Claims. Once a week, for 6 weeks, the assignee must advertise for creditors to prove their claims within 30 days from the day of the last advertisement (Laws 187^, oh-.^wii, § 4). Bond of Assignee. 30 days after date of assignment, the assignee must file his bond ; but if schedules are not filed by the debtor in the 20 days prescribed, the assignee may petition the court within the next 10 days for time to file his bond until the schedules are filed (Laws ISj^ST, ch.y^^ § 5). Notice of Sale of Property. 10 days' notice of sale of personal property by an assignee must be given (Rule 20, Assignments Common Pleas). 20 days' notice of sale of real property by an assignee must be given (Rule 20, Assignments Common Pleas). Discharge of Assignee. 5 days after notice given to the assignor, assignee, and creditors, the judge may discharge or remove the assignee on the peti- tion of a creditor or of the assignee, and order an accounting (Laws 1878, ch. 318, § 2). Accounting of the Assignee. 1 year after the date of an assignment an accounting may be ordered on the petition of any interested party (Laws 1877, ch. 466, § 11). 8 days before return day of a petition for an assignee's account- ing, the citation must be served on every party residing in the county (Laws 1877, ch. 466, § 14). 15 days before return day, on every party living in the State, but not in the county (Laws 1877, ch. 466, § 14). PRACTICE OF THE COURTS OF NEW YORK. 23 Once a week for 6 weeks, in one newspaper, the citation must be published against a non-resident (Laws 1877, oh, 466, §15). 30 days before return day, a copy of citation must be mailed to each non-resident (Laws 1877, ch. 466, § 15). 30 days before return day, it can be personally served in the U. S. in lieu of publication (Laws 1877, ch. 466, § 16). 40 days before return-day it can be personally served out of TJ. S.. in lieu of publication (Laws 1877, ch. 466, § 16). Once a week for 4 weeks the citation can be published, if more than 25 creditors have proved claims (Laws 1878, ch. 318, § 4). 30 days before return day, a copy of the citation must in the last case be mailed to each creditor (Laws 1878, ch. 318, § 4). ASYI-UM. See Inebriates. ATTACHMEIVT. Service of Summons after. 30 days after the warrant is granted and levy made, the summons must be personally served on defendant, or pilblication thereof must be begun (§ 638 Code). Filing' of Papers and Inventory. 10 days after the warrant is granted, the affidavits must be filed (§ 639 Code). 5 days after a levy is made, the sheriff must file an inventory of the property attached with the clerk of the county wherein the property was attached (§ 654 Code). Motion to Discharge, modify, &c. 2 days' notice of such motion, made by some but not all of de- fendants, must be given (§ 689 Code). 20 days after such a motion is submitted, the court must render its decision (§719 Code). Sureties and Justification. 3 days after service of a copy of the undertaking, on a motion to discharge attachment, plaintiS must except to sureties (§ COO Code). 24 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE 10 days after notice of exception received, must give notice of justification (§ 690 Code). 5-10 days' notice of justification must be given (§ 690 Code). lu District Courts and Courts of Justices of tbe Peace. 6 days before the return day of the summons, the attachment must be levied and the summons served (§ 2909 Code), and the warrant and inventory filed (§ 2910 Code). On Vessels. 30 days alteravesseL is attached, a party claiming the title thereto, or his agent, must make application for appraisers of her value (§§ 660 and 666 Code). 2 days after the appraisers return their valuation of a domestic vessel, the claimant or his agent must give an undertaking to the sheriff, with sureties, who must justify in double the appraised value, to hold him harmless (§ 662 Code), and the vessel will be discharged (§ 663 Code). 8 days after the appraisers return their valuation of a. foreign vessel, the plaintiff must give to the claimant an undertaking, with sureties, who must justify in twice the appraised value, that he will pay all damages recovered for seizing the vessel or share therein in an action against the sheriff or the plaintiff, if such action is brought within 3 months from the ap- proval of the undertaking (§ 668 Code). 30 days after attachment, if no claim is made upon the sheriff by other parties, or the proper undertaking is not given as re- quired by § 662 Code {supra), a sale of the vessel may be decreed by the court, if it deem it necessary (§§ 672 and Q13 Code). AWARD. See Arbitration. B BAIIi. Justification of. 10 days after bail is given, and return served on plaintiff, he must except to the sureties (§ 517 Code). PRACTICE OP THE COURTS OF NEW YORK. 25 5 days after such return in Marine (City) Court (§ 3168 Code). 10 days after notice of exception, notice of justification must be given (§ 578 Code). 5 days after notice of exception in Marine (City) Court, must serve notice of justification (§ 3168 Code). 5-10 days' notice of justification must be given (§ 578 Code). 2-10 days' notice of justification must be given in Marine (City) Court (§ 3161 Code). 10 days after justification, sheriS must file papers (§ 690 Code). Action against Ball. 15 days after execution against tbe person is issued it can be re- turned unexecuted and then bail can be sued (§ 597 Code). 20 days after action is commenced the Court ma}' exonerate the bail if defendant is under arrest in a criminal action (§ 600 Code). BATTERV. 2 years after a cause of action arises for a battery, must commence action for damages (§ 384 Code). BAWD V HOUSE. 5 days after a landlord receives notice from a neighbor that his house is used as a bawdy-house, he must proceed against his tenant, or the neighbor may do so (§ 2237 Code). BILLi OF FARXICtriiARS. 10 days after demand, a bill of particulars in an action on account mast be served (§ 531 Code). BOARD OF AliDFRmEN. See Comptroller and Administrator. BOND. Of Assignee. 30 days after date of assignment, must be filed ; but if debtor has failed to file schedules in 20 days, the assignee may peti- tion within 10 days for time until schedules are filed, to file bond (Laws \%1f, oh.^i, § 5). 26 TABLE OF THE TIMES REQUIRED FOB EACH STEP IN THE Action on Bond. 20 years after the cause of action arises, the action must be com- menced (§ 381 Code). CAIiElVDAR. Special Calendar for Short Causes. 4 days' notice of motion to place cause on special calendar must be given (Rule 18, Superior Court; Rule 23, Common Pleas ; Rule 12, Marine (City) Court ; and Special Rules, Supreme Court). 4 days before the cause is put on the special calendar, a note of issue must be filed (Rule 18, Superior Court ; Rule 23, Common Pleas ; Rule 12, Marine (City) Court ; and Spe- cial Rules, Supreme Court). Case " reserved generally," 2 days' notice of motion must be given to restore to General Cal- endar a case marked " reserved generally" (Rule I'l, Supe- rior Court; Rule 19, Common Pleas; Rule 19, Marine (City) Court ; and Special Rules, Supreme Court). CASE ON APPEAIi AM> EXCEPTIONS. To Court of Appeals. 40 days after an appeal is perfected, the appellant must serve 3 copies case on respondent (Rule 7, Court of Appeals). 10 days' notice of motion to dismiss appeal for non-service of case must be given (Rule V, Court of Appeals). To General Term. 10 days after trial by jurj', or after decision and notice of entry of judgment, on verdict subject to opinion of court, or of decision of motion for a new trial ; or, if trial was before referee or judge without a jury, 10 days after service of a copy of the decision or report and notice of filing and of entry of judgment, the case on appeal must be served (Rule 32, General Rules). PRACTICE OF THE OOUKTS OF NEW YORK. 37 10 days after service of the case, amendments must be served (Rule 32, General Rules). 4 days after service of amendments, must give notice of settlement (Rule 32, General Rules). 4-20 days' notice of settlement must be given (Rule 32, General Rules). 10 days after settlement, tlie case must be filed, if so ordered (Rule 35, General Rules). 8 days before the 1st day of General Term, on an appeal from a judgment or enumerated motion, appellant must serve three copies case on respondent ; and in the J<^irst Department must file 5 copies case and points with the clerk (Rule 41, General Rules). 4 days' notice of motion to dismiss appeal for failure to serve or file papers, as above required, must be given (Rule 41, Gen- eral Rules). 4 days before 1st day of General Term must serve 3 copies case on appeal from non-enumerated motions (Rule, 41, General Rules). 3 days' notice of motion to dismiss a.ppeal for non-service of papers, as above required, must be given (Rule 41, General Rules). In Marine (City) Conrt. 6 days before the 1st day of General Term, must serve 3 copies on respondent (Rule 3, Marine (City) Court). 3 days' notice of motion to dismiss appeal for failure to serve papers, as above required, must be given (Rule 3, Marine (City) Court). ce:rtiorari. 4 months after the determination to be reviewed becomes Jinal, the writ must be served (§ 2125 Code). 20 months later the General Term may grant writ, if when the de- termination to be reviewed became final, the relator was under 21 years of age, insane, or imprisoned for a term less than life (§ 2126 Code). 38 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE 8 days' notice of application for writ must be given, except if by order to show cause less time is required (§ 2128 Code). 20 days after service, writ must be made returnable at the clerk's office (§2132 Code). CHAMBER. OF COMMEaCE. See Arbitration. CHAMBERILAIN OF NEW^ YORK CITY. 2 days after money is paid into court, it must be paid to city chamberlain (§ 745 Code). CHANGE NAME, PROCEEDINGS TO. Of Individuals. 10 days after the order is granted, must publish same in a county paper (§ 2415 Code). 20 days after the order is granted, Taxxst file and record papers and affidavit of publication (§ 2415 Code). 30 days after order is entered, can assume new name (§ 2413 Code). Of Corporations. Once a week, for 6 weeks, notice of application for order must be published in the State paper and county paper where the corporation has a place of business (Laws ISYl, ch. 322). Once a week, for 4 weeks, the order to change name must be so published (Laws 1871, ch. 322). CHATTEIi, ACTION FOR RECOVERY OF. 6 years after cause of action accrues, must commence action (§ 382 Code). CITATION. In Surrogate's Court. 60 days after citation is granted, it must be served or publication begun (§ 2517 Code). 4 months after its date, it must be made returnable (§ 251 9 Code). 8 days before return day, it must be served on a party residing in the county of the surrogate or an adjoining county (§ 2520 Code). PRACTICE OF THE COURTS OF NEW YORK. 39 15 days before return day, if party resides elsewhere in the State (§ 2520 Code). Once a weelc, for 6 successive weeks, it must be published in 2 papers as against non-residents, and a copy mailed to parties in U. S. 30 days, and to parties out of U. S. 40 days, be- fore return day (§§ 2524 and 2525 Code). 30 days before return day, it may be served personally out of State, but in U. S. (§ 2525 Code). 40 days before return day, it may be served personally out of U. S. (§ 2525 Code). 30 days after a petition to revoke a probate has been presented, the citation must be served (Eule 5, Surrogate's Rules). 10 days before return day, it must be served on father and mother of an infant when the infant petitions for the appointment of another person as his general guardian (§ 2823 Code). In General Assignments. 8 days before return day of a petition for an assignee's account- ing, the citation must be served on party residing in the county (Laws 187'?, ch. 466, § 14). 15 days before return day, if he lives in the State, but not in the county (Laws 1877, ch. 466, § 14). Once a week, for 6 weeks, in one newspaper, the citation must be published against a non-resident (Laws 1877, ch. 466, § 15). 30 days before return day, a copy of citation must be mailed to each non-resident (Laws 1877, ch. 466, § 15). 30 days before return day, it can be personally served in the U. S. in lieu of publication (Laws 1877, ch. 466, § 16). 40 days before return day, it can be personally served out of U. S. in lieu of publication (Laws 1877, ch. 466, § 16). Once a week, for 4 weeks, the citation can be published, if more than 25 creditors have proved claims (Laws 1878, ch. 318, §4). 30 days before return day, a copy of the citation must in the last case be mailed to each creditor (Laws 1878, ch. 318, § 4). 30 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE CITY OF TSlEJXr YORK. 30 days before an action against the city can be commenced, the claim must be presented to the comptroller for adjustment (N. Y. City Consolidation Act, § 1104). 10 days' notice of recovery of judgment must be given to comp- troller before execution against the city can be issued (ibid. § 1106). CITY COURT OF NEW YORK, SPFCIAI^ REGITIiA- TIONS OF THE. Appearance after Service of Summons. 6 days after the summons is served, defendant must appear (§ 3165 Code). 2 days after the summons is served, if either party is non-resident, defendant must appear (§ 3165 Code). 10 days after last day of publication of summons, defendant must appear (§ 3165 Code). Service of Pleadings. 6 days after appearance, complaint must be served (§ 3166 Code). 6 days after complaint, answer or demurrer must be served (§ 3166 Code). 6 days after counterclaim pleaded, reply must be served (§ 3166 Code). 2 days after preceding pleading, the next pleading must be served if either party is non-resident (§ 3168 Code). Arrest and Bail. 10 days after defendant has been arrested, he must demand com- plaint, or if it has been served he must ansvver (§ 3166 Code). 5 days after the delivery to the plaintiff's attorney of the papers and undertaking, he must except to the sureties (§ 3168 Code). 5 days after notice of exception, notice of justification must be given (§ 3168 Code). 2-10 days' notice of justification must be given (§ 3161 Code). PKACTICB OF THE COURTS OF NBW YORK. 31 Arrest and Bail In marine Causes. 1 day after arrest, defendant must be brought into court, or imme- diately if court is tlien sitting (§ 3178 Code). 1 day after deposit in lieu of hail is made, tlie sheriff must pay it into court (§3181 Code). 1 day after arrest, sheriff must make return, or immediately if court is in session then (§ 3184 Code). 6 days after joinder of issue, the case must be set down for trial, except by consent, or if a jury is demanded by defendant, and no jury term held in 6 days (§ 3186 Code). 3 months' trial can be adjourned in the last case (§ 3186 Code). Motions. 4 days' notice of motion must be generally given (§ 3161 Code). 2 days' notice of motion for judgment must be given (§ 3161 Code). 2 days' notice of motion to strike out a pleading must be given (§ 3161 Code). 2 days' notice of motion for a reference must be given (§ 3161 Code). 2 days' notice of motion for a writ of inquiry must be given (§ 3161 Code). 2 days' notice of motion for an assessment of damages must be given (§3161 Code). Trial. 5 days' notice of trial must be given (§ 3161 Code). 2 days before day noticed for trial, note of issue must be filed (§ 3162 Code). Decision. 10 days after a case is finally submitted, the court must file it de- cision (§ 3173 Code). 10 days after an appeal is perfected in an action tried without a jury, the judge may be required to file a separate decision of the facts found and conclusions of law (§ 3173 Code). Calendar. 4 days' notice of motion to place cause on Special Calendar (Rule 12, Marine Court). 32 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE 4 days before case put on Special Calendar, note of issue must be filed (Rule 12, Marine Court). 2 days' notice &f motion to put case " reserved generally''^ on cal- endar (Rule 19, Marine Court). Costs. 2 days' notice of taxation must be given, if one of attorneys does not live in New York County (§ 3161 Code). 1 day's notice of taxation, if all attorneys live in New York County (§ 3161 Code). 2 days after notice of filing of security for costs is served, must except to sureties (§ 316B Code). 2 days after notice of exception, must serve nptice of justification (§ 316SCode). 2 days' notice of justificcction, and no more, can be given (§ 3161 Code). Api>eals to General Term, 10 days after service of copy judgment or order and notice of entry, must appeal to General Term (§ 3190 Code). 5 days before the General Term meets, appellant must serve 5 copies papers on appeal (Rule 3, Marine Court). 3 days' notice of motion to dismiss appeal for non-service of papers must be given (Rule 3, Marine Court). 5 days before the General Term meets, note of issue must be filed (Rule 1, Marine Court). Appeals to Common Pleas. 20 days after service of copy judgment or order of General Term, with written notice of entry, an appeal to the Common Pleas must be taken (§ 3193 Code). COMMERCE, CHAMBER OF. See Arbitration. COMMISSION. See Dbposition. In District Justices' Courts. 6 days' written notice of motion for a commission in a District Court, after issued joined, must be given (§ 2982 Code). PBAOTICK OF THE COURTS OF NEW YORK. 33 COMMONAIiTlf OF NEW ¥OKK. See Mayor, and Comptroller. COMMON PEiEAS, COUKT OF. SPECIAli RV1.ES. General Term Rules. 8 days before the 1st day of General Term, appellant must serve 3 copies papers on appeal (Rule 4, Common Pleas). 10 days' notice to file return on appeal from Marine or District Court must bo given (Rule 6, Common Pleas). 8 days before 1st day of General Term, the r^urn from District Court must be filed (Rule 13, Common Pleas). 8 days before 1st day of term, note of issue must be filed (Rule 2, Common Pleas). Calendar Practice. 2 days' notice of motion to restore case "reserved generally" (Rule 19, S*a&«al-iitties^. Clz^^^i^,,.,^ (a>1-«-e Filed. 10-30 days after service of notice of appeal justice must file the return (§ 3053 Code). 10 days' notice of motion to file return when not filed as above must be given (Rule 6, Common Pleas). 8 days before the 1st day of the General Term it must be filed in New York County (Rule 13, Common Pleas). Appeal to County Court (or new Trial there and Ofier of JTudgment therein. 10 days after return is filed the case is at issue (§ 30Yl Code). 15 days after notice of appeal served, respondent can offer com- promise (§ 3070 Code). 5 days after such offer, appellant can accept it, but not later (§ 3070 Code). 10 days after an offer of judgment is made subsequent to the filing of the return by either party, the other must accept if at all (§ 3072 Code). Notice of Hearing ou Appeal. 8 days' notice of hearing on appeal must be given (§ 3062 Code, and Rule 2, Common-Pleas). Motion for Restitution on ReTersal. 6 days' notice of motion for restitution on reversal must be given (§ 3058 Code). 44 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE EMPLOYE, fejUale;. 15 days a defendant against whom a judgment for less than $50 in favor of a female employe for services is entered, may be imprisoned in a District or Justice's Court (§ 3221 Code), or the Marine (City) Court (§ 3167 Code). ENTRY. 20 years after a right of entry on real estate accrues entry must be made (§ Z61 Code). 1 year after entry an action must be begun or entry is of no legal effect (§ 367 Code). ESCAPES, lilOTITATION OF ACTIONS FOR. 1 year after an escape, an action therefor must be begun against the officer from whom the prisoner escaped (§ 385 Code). EVIDENCE. 4 days after the request is made, you must admit the genuineness of a jjwper, or pay the expense incurred by the other side if they succeed in proving it (§ 735 Code). 10 days' notice of the intention to use in evidence a copy of the hooks of a foreign corporation must be given (§ 930 Code). EXAMINATIOIV BEFORE TRIAI.. 5-20 days before the party is to be examined, the order must be served on him (§ 873 Code.) 10 days after it is taken, it must be filed (§ 880 Code). EXCEPTION TO SURETIES. See Undertaking. EXCEPTIONS. To a Report or Decision. 10 days after service of a copy of a decision or report or findings on a trial of an issue of fact and written notice of entry of judgment, the exceptions thereto must be served and filed (§ 994 Code). PRACTICE OF THE COURTS OF NEW YORK. 45 8 days after notice of filing of referee's report in all cases except to try the issues or compute amount due in foreclosure pro- ceedings, exceptions thereto must be served and filed (Rule 30, General Rules). 8 days' 7wtice of hearing on exceptions to referee's report in Sur- rogate's Court must be given (Rule 9, Surrogate's Court). On Appeal. See Case on Appeal. EXECUTION. In Conrt of Record, when to be Jssned and to be Ke- turiied. 3 months after judgment in an action wherein defendant was arrested, execution must be issued against the person or this remedy is lost (§ 572 Code). 10 days' notice of the recovery of judgment against the City of New York must be given to Comptroller before execution can issue (N. Y. City Consolidation Act, § 1106). 5 years after judgment, an execution against the property can issue of course, and 5 years later on motion (§ 1375 Code). 60 days after it is issued it must be returned (§ 1366 Code). 15 days a defendant may be imprisoned on a judgment of less than $50, recovered by a female employe for services in the Marine {City) Court (§ 3167 Code). 6 days' notice of motion for leave to issue execution against the estate of a decedent must be given to the executor or admin- istrator (§ 1826 Code). In District Courts and Courts of Justices of tbe Peace. 60 days after it is issued, it must be returned in Justices'' Courts (§ 3025 Code). 20 days after it is issued, it must be returned in District Courts (Laws 1857, ch. 346). 15 days a defendant, against whom a female employe has recovered judgment for less than $50, can be imprisoned (§ 3221 Code). 4G TABLE OP THE TIMES REQUIRED FOR EACH STEP IN THE 60 days a debtor may be imprisoned, on execution against the per- son, if he do not have a family to support (§ 3033 Code). 30 days if he have a family to support (§ 3033 Code). Sale uudcr Execution. 6 days' notice of sale of personal property must be given, by post- ing a notice thereof in 3 public places in the city or town where the sale is held (§ 1429 Code). 42 days' notice of sale of real property must be so given in the city or town where the property is situated, and where it is sold (§ 1434 Code). Once a week for 6 weeks this notice must be published in the county papers, and if there be none, in the State paper (§ 1434 Code). 10 days after sale, the sheriff must file with county clerk a certifi- cate of sale, and give purchaser one (§ 1439 Code). Redemption of Real Estate. 1 year after sale, the debtor, his heirs, devisees, or grantees can redeem (§ 1440 Code). 15 months after sale, a creditor of the debtor can redeem (§ 1449 Code). 24 hours after said 15 months, a second creditor can redeem from the first, and so on (§ 1454 Code). 15 months after sale, if no redemption has taken place, sheriff must execute deed to party entitled thereto (§ 1471 Code). 24 hours after redemption by last creditor, at end of 15 months he must give deed to party entitled thereto (§ 1471 Code). Discliarge or Prisoner under Execution against the Person. At any time a person imprisoned under execution, on a judgment for less than $600, may petition for a discharge (§ 2202 Code). 3 months after his imprisonment, he may so petition, if the judg- ment was more than $.500 (§ 2202 Code). 14 days before the petition is presented, he must serve on all judg- ment creditors copies of the petition, schedules, and notice PRACTICE OF THE COURTS OF NEW YORK. 47 of time and place of the presentation of the petition (§ 2205 Code). Proceedings Supplementary to Execution. Within 10 years after return of an execution unsatisfied, may be instituted (§ 243.5 Code). 2 days' personal notice to a debtor of an application for a receiver, must be given ; but if a warrant and notice to attend has been served on him, the application for a receiver may be made on the return day of the warrant, without further notice (§ 2464 Code). Iilmltation of Actions for ITIoaeys Collected on Execution. 3 years after a cause of action arises against any ofBcer for the non-payment of money collected on execution, the action must be begun (§ 383 Code). EXECirxOK. Granting of liCtters and duallflcatiou of Kxecutors. 30 days after probate, the appointee of a power must appoint an executor (§ 2640 Code). 30 days after appointment or probate, the executor must qualify (§ 2642 Code). 30 days' stay in granting letters, if creditors or other party inter- ested in the estate object to executor (§ 2636 Code). 5 days after objection has been determined, executor must qualify (§ 2642 Code). 5 days' notice to justify must be given to sureties of executor (Rule 19, Surrogate's Court). Petitions for Payment and Accounting. 6 months after letters are granted, a creditor can petition for pay- ment (§2717 Code). 1 year after letters are granted, a legatee or devisee may require payment (§ 2717 Code). 18 months after letters are granted, any interested party may re- quire an intermediate account, if no judicial settlement has been had, or if an execution is asked for, or above petitions are made (§ 2723 Code). 48 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE 1 year after letters are granted, or his powers for any reason cease, or property of decedent has been sold, a judicial settlement of executor's accounts may be had on his petition, or on that of any interested party (§§ 2724 and 2729 Code). Sale of Real Kstate to pay Debts. y years after letters granted, executors may petition to sell real estate to pay debts or funeral expenses (2750 Code). Elxecutlon against Executor. 6 days' notice of an application for an execution must be given to the executor (§ 1826 Code). InTentory and Appraisement. 5 days' notice of appraisement must be given to legatees (R. S. Part II., ch. VI., -tit. 3, art. 1, § 3). 3 months after letters are granted, the inventory must be filed {ibid. § 15). lilmltation of Actions by and against Executors. 3 years after cause of action accrues, the action against an execu- tor to recover a chattel or for damages for taking of per- sonal property must be begun (§ 383 Code). 18 months after letters are issued on estate of a person dying without the State, are not part of time limited to begin an action against the decedent (§ 391 Code). 1 year after death of a person, whose time to sue would expire within the year, the executor can begin the action (§ 402 Code). EXPENSE. See Nuisance. FAIiSE IMPRISONMENT. 2 years after cause of action for false imprisonment arises, an ac- tion thereon must be begun (§ 384 CodeV FEMAIiE EMPliOlfE. See EmplgvA. PRACTICE OF THE COURTS OP NEW YORK. 49 FINDINGS. See Referee, Report and Decision. FOLIO. 24 hours after service, can return unfolioed papers (Rule 19, Gen- eral Rules). FORECLOSirRE. Ills pendens. 20 days before final judgment, lis pendens must be filed (§ 1631 Code). foreclosure; by adverxisfitifnt. Publication of Sale. Once a week for 12 weeks tlie sale must be advertised in a county paper (§ 2388 Code). 12 weeks before the sale, a notice thereof must be posted at or near the entrance of the county court-house, and filed with the county clerk (§ 2388 Code). Service ortlie Notice or Sale. 14 days before the sale, a notice thereof must be served on the mortgagor, his wife, widow, executor, or administrator, and grantees, personally, or by leaving the same on the premises (§ 2389 Code). 14 days before the sale, the notice must be served personally on all other parties interested (§ 2389 Code). 28 days before the sale, the notice may be mailed to these last named parties, instead of personal service (§ 2389 Code). Notice of Postponement. Once a week to the day of actual sale, the notice of postponement must be advertised (§ 2392 Code). Snrplns. 20 days after a sale, a party entitled to a part of the surplus may apply therefor ( § 2406 Code). 8 days' notice of such application must be given to every one who was served with notice of sale, and to every other petitioner for the surplus who applied 8 days earlier (§ 2406 Code). 50 TABLE OF TUB TIMES IIBQUIBED FOR EACtI STEP IN THE FORFEITURES, UMITATION OF ACTIONS Fdl ft. 3 years after a cause of action accrues under a statute for a for- feiture, given to the party aggrieved, or to him and the State jointly, the action must be begun (§ 383 Code). 2 years after a cause of action accrues to the State for a forfeiture under a statute, an action therefor must be begun (§ 384 Code). FRAUD, I.imiTATIO]V OF ACTION FOR. 6 years after a fraud is discovered, an action thereon must be begun (§ 382 Code). FRIVOIiOUS PLEADING. 6 days' notice of motion to strike out a frivolous pleading must be given (§ 537 Code). 2 days' notice suflBoient in the Marine (City) Court (§ 3161 Code). GENERAI. ASSIGN.TIEIVTS. See Assignments. GENERAL, TERin. See Appeals. GUARDIAN. General Gnardlan. 10 days before the return day of an infant's petition for a general guardian other than his father or mother, a citation therefor must be served on the infant's father or mother (§ 2823 Code). Testamentary Guardian. 30 days after probate, the testamentary guardian should qualify (§ 2852 Code). 3 months this time may be extended by the surrogate (§ 2852 Code). Guardian ad litem. 8 days' notice of motion for a guardian ad litem for an infant should be given (§ 2531 Code). PRACTICE OF THE COURTS OF NEW YORK. 51 20 days after guardian ad litem for an infant defendant is ap- pointed, judgment by default can be taken against him, but not before (§ 1218 Code). H H.LBEAS CORPi;S. See State Writs. HBAJLTH BOARD. See Nuisance. HEARING, NOTICE OF. On Appeal. 8 days' notice of hearing on appeal must be given (Rule 40, Gen- eral Rules, and § 3062 Code). 5 days' notice of hearing on appeal in Marine {City) Court (§ 3161 Code). On Exceptions In Surrogate's Court. 8 days' notice of hearing on exceptions to a referee's report in the Surrogate's Court must be given (Rule 9, Surrogate's Court). I IMPRISONED DEBTOR, TRDSTEES OF. See Trustees. imPRISONiTIENT, FAIiSE. 2 years after cause of action arises, must commence action (8 384 Code). INDEFINITENESS. 20 days after service of a pleading, must move to make it more definite and certain (Rule 22, General Rules). 6 days m. Marine {City) Court (this is practice, though no rule for it can be found). INEBRIATES. 2 years inebriates may be confined in an asylum by an order of the Supreme, Superior, or Common Pleas Courts (N. Y. City Consolidation Act, § 1098). 52 ,'i;able of the times kequibed for each step in the INFANT. See Guardian and Default. INJUNCTION. 8 days' notice of motion for an injunction against the Board of Health must be given (N. Y. City Consolidation Act, § 1091). 20 days after submission of a motion for an injunction, or to vacate or modify it, tlie judge must render his decision (§ 719 Code). INJITRIES, ACTION FOR. Personal Property. 6 years after cause of action arose, must begin action (§ 382 Code). ^, General Rules). To Court of Appeals. 20 days after an appeal is perfected, the return must be filed (§ *9+e-«e4e). ^^ ^ ^ ^a/^. 10 days' notice to file return, on failure to do so as above required, must be given (§ 1315 Code). To Court of Common Pleast or County Court. 10-30 days after service of a notice of appeal from a District or justice's court, the justice must file his return (§ 3053 Code). 8 days before the 1st day of a General Term of the Common Pleas, the return from a District or Marine (City) Court must have been filed, or it cannot be heard at that term (Rule 13, Common Pleas). KEVOCATION, OF FRO BATE. See Probate. sai>e; of property. See Assignment and Execution. SCANDAIiOrSNESS. 20 days after service of a pleading, a motion to strike out scan- dalous matter must be made (Rule 22, General Rules). 6 days in Marine {City) Court (practice, but no rule governing it). SCHEDULES. See Assignment. SBCURIT'K FOR COSTS. See Costs. SETTIiEMENT, NOTICE OF. Of Orders In Surrogate's Court. 1 day's notice of settlement of an order on a litigated motion must be given (Rule 10, Surrogate's Court). PRACTICE OF THE COURTS OF NEW YORK. 77 2 days' notice of settlement of an order on a contested »/ob^ or accounting must be given (Rule 10, Surrogate's Court). Of a Case on Appeal. 4 days after amendments to a case are served, notice of settlement must be given (Rule 32, General Rules). ,. . 4-20 days' notice of settlement must be given (Rule 32, General Rules). 10 days after settlement, tbe case stould be filed (Rule 35, Gen- eral Rules). SHAHI FliKADIIVGS. 8 days' notice of a motion to strike out a sham pleading should be given (§ 538 Code). 2 days' notice of motion for judgment enough in the Marine {City) Court (§ 3161 Code). SHERIFF. Return on Arrest. 3 days after bail is given, he must serve on plaintiff's attorney copies of the order of arrest, return, and undertaking (§ 577 Code). 10 days after arrest, if no bail is given, or after justification of the bail, if such is given, he must file his return (§ 590 Code). On Attacbmeut. 6 days after a levy is made, he must file his inventory (§ 654 Code). On Execution. 60 days after it is issued, he must return it (§ 1366 Code). 6 days' notice of sale of personal property must be given by post- ing same in 3 public places in the city or town where the sale takes place (§ 1429 Code). 42 days' notice of sale of real property must be so given, both in the town or city where the sale takes place and where the property is situated (§ 1434 Code). Once a week for 6 days such notice of sale must be published in a county paper, or if there be none, in the State paper (§ 1434 Code). 78 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE 10 days after sale, he must give purchaser certificate of sale, and file same with county clerk (§ 1439 Code). 15 months after sale, if no redemption has taken place, lie must give deeds to party entitled thereto (§ 1471 Code). 24 hours after redemption by last creditor after 15 months, he must give deed to party entitled thereto (§ 1471 Code). lilmitatlon of Actions against tlie SberlfT, 3 years after a cause of action accrues against him for non.-payment of money collected, on execution arises, the action therefor must be begun (§ 383 Code). 1 year after any other cause of action against him in his official position, including escapes, arises, the action therefor must be begun (§ 385 Code). Action by SIierifT against Sureties and Flaintiff, in Attacliment and Replevin, 10 days' notice of the action against the sheriff for a replevy or attachment must be given to a party entitled to be substi- tuted before the trial or judgment by default, or the sheriff cannot sue them (§ 1427 Code). SHORT CAUSES. 4 days' notice of motion to place a cause on the Special Calendar for short causes must be given (Rule 23, Common Pleas ; Eule 18, Superior Court; Rule 12, Marine Court; Spe- cial Rules, Sti^iSte* Court). 4 days before the cause is placed on the calendar, a note of issue must be filed (Special Rules, Supreme Court ; Rule 18, Superior Court ; Rule 12, Marine Court). SLANDER. 2 years after cause of action arises for slander, an action must be begun (§ 384 Code). STATE WRITS. 20 days after a paper or writ is served, the answering paper or pleading must be served (§ 1999 Code). PRACTICE OF THE COURTS OF NEW YORK. 79 8 days' notice to district attorney or person interested in a prisoner's imprisonment must be given before a person im- prisoned under a mandate can be discharged, unless tlie court direct shorter notice (§ 2038 Code). STATUTE. C years after a cause of action on a statute, except for penalty or forfeiture arises, an action therefor must be begun (§ 382 Code). 3 years after a cause of action for a penalty or forfeiture under a statute giving same to party aggrieved, or to him and the State, arises, he must commence an action therefor (§ 383 Code). 3 years after a cause of action against a director or stockholder of a corporation for a penalty or forfeiture or liability under a statute arises, an action therefor must be begun (§ 394 Code). 2 years after a cause of action for a penalty or forfeiture under a statute arises to the State, it must begin an action therefor (§ 384 Code). STATUTE OF lilMITATlONS. See Limitations. STAY. 20 days' stay can be granted by a judge out of court generally, and no more, except on appeals, or on noti«e, in which cases a longer stay can be granted (§775 Code). 30 days' stay in granting letters testamentary may be granted by the surrogate if creditors object to the executor (§ 2636 Code). 10 days after an order granting costs is served, unless otherwise directed thereby, the costs must be paid or proceedings are stayed (§ 779 Code). 24 hours' notice of such stay must be given at General Term Supreme Court, 1st District, or it does not apply (Rule, March, 1880). 80 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE STOCKHOLiDER. 3 years after a cause of action arises against a stockholder of a corporation for a penalty, forfeiture, or liability, under a statute, an action therefor must be begun (§ 394 Code). SUBPfENA DUCES TECUM. 6 days before the trial, a subpoena duces tecum must be served (§ 867 Code). SUBSTITUTION OF A JPAKTY FOK THE SHERIFF. 10 days' notice of an action against the sheriS for a replevy or attachment must be given to the parties entitled to be sub- stituted before the trial, or judgment by default is taken, or the sheriff can sue these parties or the sureties (§ 1427 Code). SUMMARY PROCEEDINGS. Notice to Quit. 3 days' notice to quit must be given to a tenant in default of rent during the term (§ 2231 Code). 10 days' notice to quit must be given to a tenant at will or suffer- ance, where the property was sold under execution, fore- closure, or where he holds the property under an agree- ment with the owner to occupy it and cultivate it on shares, and the time therefor has expired, or where he has squatted on the land without permission, or the permission to do so has been revoked (§§ 2232 and 2236 Code). BaTrdy-House 5 days after receiving notice from a neighbor that his house is used as a bawdy-house, the landlord must proceed against the tenant (§ 2237 Code). The Proceedings lu Court. 3-5 days after the precept is issued, it must be made returnable (§ 2238 Code). 2 days before the return daj^, the precept must be served (§ 2240 Code). 2 hours before the return hour, the precept must be served, if it is PRACTICE OF THE COURTS OF NEW YORK. 81 taken out ou the day when the term expires, or the day after, and may be returnable between 12 m. and 6 p.m. (§§ 2238 aud 2240 Code). At return day a jury may be demanded (§ 2247 Code). 10 days the trial may be adjourned on the return day, or longer by consent (§ 2248 Code). 3 days after venire for a jury is issued, the trial must be had (§ 2247 Code). Redemption. 1 year after the warrant is issued, the tenant may redeem if the unexpired term is for more than 5 years, or a judgment creditor or mortgagee of the tenant may redeem the next legal day (§§ 2256 and 2257 Code). 2-10 days after an order to n/iow cause why a redeeming tenant should not have possession, the order must be made return- able (§ 2259 Code). 2 days before the return day it must be served (§ 2259 Code). SUMMONS. Service of the Summons, nrfien to 1be made In District and Justices' Courts. 6 days before the return day, in a District or Justice^s Court, the summons must be served (Laws 1857, ch. 344, and § 2878 Code). 2 days before return day, if defendant is a non-resident (Laws 1862, oh. 484). 20 days after first summons is issued, can get an alius, and 20 days after that, another (§ 2883 Code)." In Courts omecord, wlien to be Served, and liow. 10 days after an order for substituted service of a summons is granted, the summons must be served and the papers filed (§ 437 Code). 30 days after a warrant of attachment is granted, the summons must be served or publication begun (§ 638 Code). 3 months after an order of publication is granted, the publication 82 TABLE OF THE TIMES REQUIRED FOR EACH STEP IN THE must bfi begun or the summons, personally served out of the State (§ 441 Code). Once a week for 6 weeks the summons must be published in two newspapers, on an order of publication (§ 44D Code). 60 days after a lis pendens is filed, the summons must be served or publication begun (§ ISYO Code). Appearance and Answer after Service of Summons. 20 days after summons is personally served in all courts of record, except the Marine (City) Court, the defendant must appear (§ 421 Code). 6 days after such service in the Marine ( City) Court, defendant must appear (§ 3165 Code). 2 days after service in the Marine {City) Court, a non-resident defendant may be made to appear (§ 3165 Code). 62 days after a summons is served personally out of the State, or after publication begun, the defendant must appear and answer (§ 441 Code). SUPERIOR COURT, SFECIALi RUIiES OF. 3 days before the day noticed for the hearing of an appeal from an order, the note of issue must be filed (Rule 3, Superior Court). 4 days' notice of motion before the General Term must be given (Rule 4, Superior Court). SUPPIiEMENTARY PROCEEDINGS. 10 years after a return of an execution, these proceedings may be instituted (§ 2435 Code). 60 days' earnings are exempt ; and all of the earnings are exempt if necessary for support of debtor's family (§ 2463 Code). 2 days' personal notice to a debtor of an application for a receiver must be given, or on the return day of a warrant to attend which has been personally served on him, the application can be made without notice (§ 2464 Code). SURETIES. See Undertaking. PRACTICE OF THE COURTS OF NEW VORK. 83 SURROGATE'S COURT. Citations, how and trlien to be Served In tlie State. Within 60 days after a citation is granted, it must be served (§ 251 7" Code). Witliin 4 months after a citation is granted, it must he made re- turnable (§ 2519 Code). 8 days before return day, a citation iimst be served in the county (§ 2520 Code). 15 days before return day, it must be served without the county, but in the State (§ 2520 Code). 30 days after a petition to revoke a probate is presented, the cita- tions must be served (Rule 5, Surrogate's Court). Pnbltcatlon of Citation and Service witbout the State. Once a week for 6 weeks a citation must be published against a non-resident (§ 2524 Code). 30 days before the return day, it can be served personally or by mail in the United States in lieu of publication (§ 2525 Code). 40 days before the return day it must be so served without the United States (§ 2525 Code). liCtters Testamentary and dualiacatlon of Executors. 30 days' stay in issuing letteis can be granted, if creditors object to the executor (§ 2636 Code). 30 days after probate, the appointee of a power must appoint an executor (§ 2640 Code). 5 days after such appointment, creditors must file their objections (§ 2641 Code). 30 days after probate, the executor, if there be no objection, must qualify (§ 2642 Code). 5 days after objections are determined, if there are any, the executor must qualify (§ 2642 Code). Guardians. 8 days' notice of motion for a special guardian must be given (§ 2531 Code). 10 days before the return day of an infant's petition for a general- 84 TABLE OP THE TIMES REQUIRED FOR EACH STEP IN THE guardian other than his parents, a citation must be served on them (§ 2823 Code). 30 days after probate, a testamentary guardian must qualify, unless _^^^^^rthe surrogate extends the time (§ 2852 Code). -30-dfl^the surrogate can extend this time (§ 2852 Code). Petition to revoke a Probate. 1 year after probate, a petition to revoke -the same can be made (§ 2648 Code). 30 days after such a petition is presented, the citations must be served on all parties interested (Rule 5, Surrogate's Court). 3 weeks the notice of revocation must be published (§ 2653 Code). Accountings and Appraisements and Settlements of Accounts. 5 days' notice of an appraisement must be given to legatees and next of kin (R. S., Part 11. , ch. VI., tit. 3, art. 1, § 3). 1 year after letters are granted, any party interested may petition for a judicial settlement of accounts (§§ 2724, 2729, 2807- 2810 Code). 18 months after letters are granted, and no settlement has been had as above set out, any party interested can petition for an intermediate' account (§ 2723 Code). 8 days after an accounting is filed, the objections thereto must be served and filed (Rule 8, Surrogate's Court). 8 days' notice of hearing on such objections must be given (Rule 9, Surrogate's Court). 2 days' notice of settlement of decree on a contested accounting must be given (Rule 10, Surrogate's Court). Payment of Debts. 6 months after letters are granted, a creditor can petition for pay- ment (§2717 Code). 6 days' notice of an application for an execution against decedent's estate must be given to the executor or administrator (§ 1826 Code). 3 years after letters are granted, the executor or administrator can petition to sell decedent's real estate to pay debts and funeral expenses (§ 2750 Code). PRACTICE OF THE COURTS OF NEW YORK. 85 Temporary Administrators, 10 days' notice of application for a temporary administrator must be given (§ 2669 Code). 10 days' notice of application by temporary administrator to sell property must be given (§ 2672 Code). ' ' 6 months after his appointment, the temporary administrator may advertise for creditors (§ 2673 Code). 1 year after his appointment, he may get an order to paij dece- dent's debts (§ 2674 Code). 10 days after he i-eceives money, he must deposit it (§ 2678 Code). 2 days before the return day of an order to show cause why he should not deposit such monies, it must be served on him, the order being returnable in three days (§§ 2678 and 2679 Code). 2 days' notice of motion to withdraw such moneys must be given by him (§ £680 Code). Various Special Rules. 1 day's notice of settlement of an order on a litigated motion must be given (Eule 10, Surrogate's Court). 2 days' notice of settlement of an order on a contested probate or accounting must be given (Rule 10, Surrogate's Court). 10 days after notice of filing an undertaking is served, notice of exception must be served (Rule 18, Surrogate's Court). 5 days' notice of justification must be given (Rule 18, Surrogate's Court). 2 days' notice of taxation of costs must be given (Rule 23, Surro- gate's Court). 1 year after probate, the surrogate must keep every will (§ 2635 Code). 20 days after a will devising real property is proved, it must be recorded with the register or county clerk (§ 2633 Code). Appeals. 30 days after service of a copy of a decree or order, and notice of entry on a party to the record, the latter must appeal (§ 2572 Code). 86 TABLE OF THE TIMES REQUIRED FOB EACH STBl> IN THE 3 montlis after entry of an order or decree, a person not a party to the record must appeal (§ 2572 Code). T TAXATION. See Costs. TEinCPORARY ADmiMSTRATOR. See Administrator. TENANT FOR lilFE, PROCEEDINGS TO DISCOVER DEATH OF. See Death. TENDER. 10 days after a tender, the money must be paid into court, and notice in writing thereof given to the adversary, or it is of no avail (§ 7.32 Code). TESTAMENTARV TRUSTEE. See Trustee. TRIAIi. Place of Trial. 5 days after a demand is made to change the place of trial, con- sent thereto can be given (§ 986 Code). 10 days after that, if no consent is given, a motion to change the place of trial can be made (§ 986 Code). Notice of Trial. 14 days' notice of trial must be given (§ 977 Code). 5 days in the Marine (City) Court (§ 3161 Code). 16 days' notice of trial, if it is served by mail (§ 798 Code). Note of Issue. 12 days before the 1st day of the term, the note of issue must be filed (§ 977 Code). 2 days before the trial in the Marine (City) Court, the note of issue must be filed (§ 3161 Code). 4 days before a case is put on the Special Calendar, the note of issue must be filed (Rule 23, Common Pleas ; Rule 18, Superior Court ; Rule 12, Marine Court). PRACTICE OP THE COURTS OP NEW YORK. 87 Appeal. 10 days after a trial by jury, the case or exceptions must be served (Rule 32, General Rules). TRUSTEE. Iilmltatlon or Action. 3 years after a cause of action arises against a trustee of an insol- vent debtor for the recovery of a chattel or damages to personal property, the action must be begun (§ 383 Code). or an Insolvent or linpi-isoned Debtor. 14 days' public notice of the sale of debtor's property must be given, and must be published 2 weeks in the county paper (R. S., Part II., ch. 5, lit. 1, Art. 8, § 7). 3 weeks the notice to debtors of such debtor to pay and to credit- ors to present claims must be published (R. S., Part II., ch. 5, tit. 1, Art. 8, § 9). At least 40 days after publication first begun, the day on which so to pay or present claims must be fixed (R, S., Part II., ch. 5, tit. 1, Art. 8, § 8). 10 days' notice of an application for a referee or referees to deter- mine disputed claims between the trustees and debtors or creditors of the insolvent, must be given (R. S., Part II., ch. 5, tit. 1, Art. 8, § 20). 15 months after appointment, the trustees must call a general meeting of creditors (R. S., Part XL, ch. 5, tit. 1, Art. 8, §27). 2-3 months after publication of notice for such meeting is first begun, the meeting must be called (R. S., Part II., ch. 5, tit. 1, Art. 8, §27). Once a week up to time of meeting, the notice must be publislied (R. S., Part II., ch. 5, tit. 1, Art. 8, § 27). 10 days after a dividend is declared by the trustees, they must file an account of their proceedings with the county clerk or clerk of the Common Pleas (R. S., Part XL, ch. 5, tit. 1, Art. 8, § 45). 88 TABLE OF THE TIMES REQUIRED FOR BACH STEP IN THE Once a week for 6 weeks the notice of renunciation of the appoint- ment must be published in the State paper, and such other papers as the court may direct (R. S., Part II,, ch. 5, tit. 1, Art. 8, § 54). Xestanieiitary Xrn«tees. year after probate, the judicial settlement of their accounts may be demanded on their petition, or that of any interested party (§§ 2807-2810 Code). TWO THIRDS ACT. See Discharge of Insolvent. U riVDERTAKINe. On Appeal. 10 days after service of notice of affirmance, can sue the sureties on the undertaking (§ 1309 Code). 20 days after service of an order requiring a new undertaking, it must be giv«n or appeal vcill be dismissed (§ 1308 Code). 10 days after service and filing of the undertaking, respondent must except to the sureties (§ 1335 Code). 10 days after notice of exception is served, the notice of justifica- tion must be served (§ 1335 Code). 5 days after exception, notice of justification in the Marine (City) Court must be served (§ 3168 Code). 5-10 days' notice of justification must be given (§ 1335 Code). On Arrest. 10 days after the sherifiE makes his return to an order of arrest, notice of exception must be served (§ ST7 Code). 5 days after such return in the Marine {City) Court (§ 3168 Code). 10 days after notice of exception, notice of justification must be given (§ 578 Code). 5 days in the Marine {City) Court (§ 3168 Code). 5-10 days' notice of justification must be given (§ 578 Code). 2-10 days in the Marine {City) Court (§ 3161 Code). PRACTICB OP THE COURTS OF NEW YORK. 89 On Attachmeut. 3 days after the undertaking is served, notice of exception must be served (§ 690 Code). 10 da3's after notice of exception is served, notice of justification must be given (§ 690 Code). 5-10 days' notice of justification must be given (§ 690 Code). 2 days' after the valuation of a domestic vessel is returned, the claimant can give an undertaking to establish his claim (§ 662 Code). For Costs. 10 days after notice of filing security for costs is served, notice of exception must be served (§ 3274 Code). 2 days after such notice, must exce2)t in Marine {City) Court (§ 3168 Code). 10 days after notice of exception is served, must serve notice of justification (§ 32'74 Code). 2 days after exception in Marine {City) Court, must serve notice of justification (§ 3168 Code). 5-10 days' notice of justification must be given (§ 3274 Code). 2 days' notice of justification in Marine [City) Court (§ 3168 Code). On Replevin. 3 days after a replevy, defendant must except to sureties (§ 1703 Code). 10 days after exception, notice of justification must be served (§ 1703 Code). 3 days after a re-replevy, notice of justification must bo served by defendant (§ 1704 Code). 5-10 days' notice of justification must be given (§ 1705 Code). VENUE, CHANGE OF. See Trial, Place of. VESSE1.S. See Attachment. 90 TIMES REQUIRED IN THE COURTS OF NEW YORK. w Surrogate to keep Will. 1 year after probate, surrogate must keep will (§ 2635 Code). Probate. no days after probate, appointee of a power must appoint an execu- tor (§ 2640 Code). 5 days after appointment, creditors must object to executor (§ 2641 Code). 30 days after appointment or probate, executor must qualify (§ 2642 Code). 5 days after objections are determined, executor must qualify (§ 2642 Code). 1 year after probate, a petition to revoke same may be made (§ 2648 Code). 20 days after probate of a will devising real property, it must be recorded with the register or connty clerk (§ 2633 Code). WITNESS, 5 days' adjournment can be granted in a District or Justice's Court, if an attachment is out for a witness (§ 2967 Code). 5 days before the trial a subvoena duces tecum must be served (§ 867 Code). W^KIT OF INltUIRY. o days' notice of the execution of a writ of inquiry or default must be given, if demanded by defendant before an application for judgment is made (§ 1219 Code). 2 days' notice is sufficient in Marine {City) Court (§ 3161 Code).