CERTIORARI TO REVIEW DETERMINATION, ETC.-Continued.

hearing upon, restitution may be awarded..

costs

entry and enrollment of final order..................................................

effect thereof.....

Vol. Sec.

.....II, 2142

...............................II, 2143

.......II, 2144

..II, 2145

body or officer", and "determination", what to include.......II, 2146
application of foregoing provisions to certain cases..
to civil cases only.........................

.II, 2147
.II, 2148

..... I, 1176
I, 1177, 1178

...... I, 1179
.............I, 1180

.II, 2410-17

CHATTEL:

action for in court of record.

See ACTION FOR CHATTEL, ETC.

Action for a chattel, in justice's court:
jurisdiction......

.....II, 2862

....II, 2919

when action for a chattel may be brought...
plaintiff may procure replevin; affidavit and undertaking, 11, 2920
requisition...

how executed; service of summons, etc........

return of constable..

....II, 2921

.II, 2922
...II, 2923

defendant may except to sureties; proceedings thereupon, 11, 2924
may reclaim chattel; proceedings thereon....

Justification of sureties....

..II, 2925

when defendant may be arrested in action for taking,
etc., chattel..

...II, 2926

claim of title by third person.....

when and to whom constable must deliver chattel............II, 2927
penalty for wrong delivery by constable..

II, 2895

..II, 2928

defendant may demand judgment for return..

.II, 2929

..II, 2930

..II, 2931

proceedings in the action; action on undertaking.
proceedings when summons not personally served....
when action not affected by failure to replevy..
undertaking given before justice in such action, is available

....II, 2932
.....II, 2933

in new action commenced after answer of title..............II, 2957
transcript of judgment in action, and docketing. ..............II, 3019
execution upon justice's judgment in such action.. .....II, 3038
when may be brought before justice of the peace in Brook-

.......II, 3117

lyn
in district court of New-York, or justice's court of Albany
or Troy...
when may be brought in district court of New-York.. .II, 3215
when may be brought in justices' courts of Albany and

property of criminal may be applied to support of.

.....II, 3223

...II, 1737

.II, 1738

.II, 1739

...II, 1740

..II, 1741

..11, 3215

.............11, 3223

......II, 3203

CHILD -Continued.

Vol. Sec.

temporary administrator of absentee may provide for support
of....
born after making of a will may petition for compulsory set-
tlement of executor's account...

See, also, ISSUE.

CHIEF-JUDGE. See COURT OF APPEALS; SUPERIOR CITY COURTS

CIRCUIT COURT:

is a court of record

seal kept by county clerk to be the seal of...
appointment of times and places for holding.
several may sit at same time in New-York....
publication of appointment

governor may appoint extraordinary term of
any justice of supreme court may hold...

...I, 235

certain judges of other courts may be designated to hold, in
New-York

.....1, 236
failure of, governor how to prevent
..........I, 237
places for holding, within the several counties, regulated.........I, 238
issues of fact triable by jury, in supreme court, to be tried in...I, 976
law, in supreme court, may be tried in ....
stenographers for. See SUPREME COURT.

.....I, 976

when trial awarded in, on reversal of surrogate's decree .........II, 2588

CITATION, IN SURROGATE'S COURT:

Jurisdiction acquired by, in surrogate's court...............................
surrogate may issue, in court or out of court.......
return of a, definition of, as used in chapter on
courts

how executed and returnable..

proceedings to be commenced by...

must be served within sixty days, etc., when

.........II, 2474
***II, 2481

surrogates'

..II, 2514
********.II, 2515
...II, 2516
.......II, 2517

persons constituting a class to be made parties; citation where
some are unknown...

contents of

service of, personally, by publication, or by substituted ser-
vice.......

.................................., II, 2520
who to be cited on petition for probate of will...II, 2615
contents of such

-------II, 2616
....II, 2617

persons not cited may appear..
publication of, when proprietor of county newspaper refuses..II, 3293
affidavit of such publication; what to state
See, also, EXECUTOR AND ADMINISTRATOR; TRUSTEE, TESTAMENT- *
ARY; GUARDIAN.

CITY:

personal service of summons, in actions against................
charter, ordinances, etc., of, how proved

Jury lists to be filed in clerks' offices of certain,,

..II, 3294

...I 431
......I, 941
......1, 1041

action for cutting, etc., trees, when maintainable by; damages

therein

....II, 1667, 1668
venire for trial between town and, before justice of the peace, II, 2992
action to recover for conversion of public funds, etc. See PUB-
LIC FUNDS.

See, also, CORPORATION.

CITY COURT OF BROOKLYN. See BROOKLYN, CITY COURT OF SUPE-

RIOR CITY COURTS.

CITY COURT OF YONKERS. See YONKERS, CITY COURT OF.

CIVIL:

action defined

......

Vol. Sec.

....................................................................II, 3337
only one form of, allowed..........................................II, 3339

See ACTION.

prisoner, discharge of, etc. See DISCHARGE; INSOLVENT DEBTOR;
EXECUTION, ETC.

CLAIM OF TITLE:

by third person, to property seized by sheriff, trial of. See SHER-
IFF'S JURY.

to attached vessel...........++¶¤MÁS¶ÐжÐ...........................
to property attached.......ÉÉÉÉÉÉÉضØжÐ..........
to chattel replevied...

to real property. See LIMITATION OF ACTION.

CLAIM TO REAL PROPERTY, ACTION TO DETERMINE:

f, 660-673

complaint in....

answer may plead title

proceedings when plaintiff's title is denied by answer......II, 1640

..II, 1639

proceedings same as in ejectment....

where defendant claims in reversion or remainder.

Judgment awarding defendant possession in

final for plaintiff.

effect of final....

proceedings for new trial same as in ejectment ...............

widow's claim to dower, action to determine...

proceedings where plaintiff admits claim .......
where defendant's claim denied

of court of record, punishment of, for misconduct.....................................I,
writs and process to be filed with, when returned.............
or deputy-clerk, etc., not to practice in his own court.....
must act as guardian ad litem for infant, when appointed.........I,
bond or undertaking to be filed with...

of court, deputy, etc., oaths may be taken before...
to open commission returned by agent in certain cases......I, 904, 905
to indorse and file, etc.......
...I 906
to open, indorse and file commission received by mail...............I, 907
public body, etc., when certified copies of records are evi-
dence....

must search files, and certify transcripts..

must deliver papers, etc., when place of trial changed.............I, 988
Judgment by default, when to enter...

amount of, how determined or assessed by.......

to keep judgment-book, etc........

....I, 1213
......1, 1236
duty of, as to filing, indorsing, etc., judgment-roll....I, 1237–1239
notice of pendency of action, in foreclosure, to be filed with..., 1631
to make entry in docket where some joint debtors are not served.n, 1936
on satisfaction by release, etc.........

in surrogate's office; appointment of; compensation...
of surrogate's court; how appointed; powers..

issue, warrant to collect..

....II, 2294, 2295

must furnish transcript of decree for money, etc....
may issue execution to enforce decree.

.II, 2508

I, 2509

.II, 2510

U, 2511

...IL, 2553
.......II, 2554

of justice, not to act as attorney in action before Justice.........II, 2889

CLERK-Continued.

of Justice, service of notice of appeal on.......................................................

undertaking on appeal.......

Vol. Sec.

..........II, 3048
........II, 3051

when undertaking may be filed with clerk of appellate court...II, 3052
of justice of the peace in Brooklyn; appointment; salary;

duties

......II, 3119
...II, 3120

of city or town, deposit of books and papers on removal of jus-
tice.....

.II, 3144-3148

of mayors' and recorders' courts, to deliver papers to county
clerk.

.........II, 3198

of district court of New-York, issue of execution by, after
transcript of Judgment docketed.........
costs to be taxed by................................................
review of taxation...........

duty of, in taxing..

of court must perform service without fee, except, etc..........II, 3280
of court of appeals to account for and pay over fees......

II, 3283

.II, 3284

of certain courts in New-York and Brooklyn must account for
fees.......

of court of record, certain State officers may order searches made
in office of, without fee........................................................
definition of..

duties of, as to formation of Jury, verdict, etc. See TRIAL; TRIAL
BY JURY,

For his fees generally, see FEES.

For clerks of the several courts, see the titles of those courts.

CODE OF CIVIL PROCEDURE:

title of this act........

.II, 3344
rule of strict construction not applicable thereto......
..II, 3345
punishment for crimes and misdemeanors thereunder.............II, 3346
application of portions regulated and qualified; when old law
governs..

........II, 3347-3349

effect of, upon provisions concerning trial jurors, etc., in crimi-

nal causes.......

grand jurors....

proceedings taken or rights accrued...

appointment of terms, etc...............

officers and offices...

when deemed passed; when to take effect............

COLLECTORS:

..II, 3350
...II, 3351
.......11, 3352

..II, 3353

...II, 3354

....II, 3355, 3356

application of provisions concerning temporary administra-
tors.............

COMMMISSION. See, also, DEPOSITION.

to examine party or witness, without the State, on written inter-
rogatories

on oral questions..............................................................................................................1, 893, 895
open, when to issue.

upon consent, when to issue......

from foreign court, to examine witness.

..............I, 915

in proceedings to discover life-tenant's death, when issued......II, 2311

certain provisions relative to, apply to surrogates' courts.

to take testimony issued from N. Y. marine court.

costs for drawing interrogatories to..........................................................................II, 3251

COMMISSION-Continued.

by justice of the peace....

orally; copy of section 900 to be annexed.........
when and how granted. ..................................................................................................................
adjournment..

execution and return of commission..
receipt thereof by justice...

when deposition evidence; when taken orally
powers of commissioners

COMMISSIONER OF HIGHWAYS. See OVERSEER OF HIGHWAYS.

COMMISSIONER OF JURORS:

for Kings county.............

COMMISSIONERS OF THE LAND OFFICE:

.II, 2983

..II, 2985

.........II, 2986

...II, 2987

entry to be made in books of, on judgment vacating letters-
patent, etc..

transcript of such entry to be sent to county clerk.
attorney-general to report recoveries of real property, escheated
or forfeited to...............................................................................................

COMMISSIONS OF EXECUTOR, ADMINISTRATOR, ETC. See FEES.
COMMITTEE. See BOARD OR COMMITTEE.

.........I, 1981

COMMITTEE FOR LUNATIC, IDIOT, OR HABITUAL Drunkard:
appointment of.
................................. ......................II, 2322
Jurisdiction and duty of court in such proceeding............II, 2320. 2321
application for such committee; by whom made..................II, 2323
duty of certain officers to apply for such

........II, 2324

.....II, 2325

petition for such; proceedings on presentation thereof
when foreign committee may be appointed in such proceedings,

II, 2326

order for commission or for trial by jury or court................II 2327
contents of such commission.

commissioners to be sworn; vacancies, how filled..
Jury to be procured; proceedings thereupon

proceedings upon the hearing before such commission.............II, 2331

......II, 2328

........II, 2330

return of inquisition and commission..............

proceedings upon trial by jury in court...

expenses of commission; pay of jurors, etc........................

subject of inquiry in cases of lunacy.

.....II, 2334

proceedings upon verdict on return of commission

.....II, 2336

security must be required of; provisions concerning such se-

is under control of court; limitation of powers...............

...II, 2338
....II, 2339

may be compelled to file same or render additional account,

....II, 2341

by whom made; petition

how discharged, and property restored.....................................II. 2343
proceedings in case of death of lunatic, etc
application for sale, etc., of real estate of lunatic, etc

bond of, on such application.

how prosecuted..

agreement for such sale; final order; conveyance.......................................................II. 2355
report of such sale, etc......

security for costs when required in action by..........................II, 3271
COMMITMENT:

to Jail, of person disobeying certiorari or habeas corpus to in-