ASSIGNEE-official, may consent to discharge of insolvent, 2153.

official, of criminal imprisoned to file security for costs, when, 3268, 3270.
official, security for costs when required by, 3271.

of insolvent debtor, action upon bond of. (See OFFICIAL BOND.)

ASSIGNMENT-of judgment to be noted, etc. 1262-1263. of dower is bar to action for dower, 1604.

of cause of action; effect of, 1909.

judgment, when transferable, 1912.

what causes of action transferable by, 1910, 1911.

after filing petition for voluntary dissolution of corporation, is void, 2430.
(See, also, INSOLVENT DEBTOR; JUDGMENT DEBTOR.)

ASSIZE--writ of, abolished, 1687.

ASSOCIATION--action by or against unincorporated, 1919.
what is deemed an, for this purpose, 1919.

proceedings in case of death, etc., of member of, 1920.
officer cannot be arrested in such action, 1921.
effect of judgment; execution thereupon, 1921.
snbsequent action against members of, 1922.

certain sections permissive; statute of limitations, 1923.
when objection of misnomer, etc., not available, 1924.
action against, engaged in transportation, etc. 1945.

consent of, to discharge of insolvent, 2154.

ATTACHMENT FOR CONTEMPT. (See CONTEMPT; SHERIFF; JUROR; WITNESS.) ATTACHMENT OF PROPERTY--in what cases granted; and proceedings upon granting, 635-642.

executing the warrant, 644-681.

vacating or modifying; discharging, 682-696.

effect of two or more warrants against same defendant, 697, 705, 1407.

proceedings after judgment; rights of parties; duties of the sheriff, 706–712. exempt property, 1389-1404.

attachment, arrest and injunction, together, 719.

application, how soon decided, 720.

proof of levy, etc., on applying for judgment, 1217.
not granted in controversy submitted, 1281.
levy not to be discharged on appeal, 1311.
execution, after warrant has issued, 1370.
preference of, over executions, etc. 1407, 1408.

when warrant of, vacated or annulled, 1415.

action against officer; rights of indemnitors, 1491-1427.

action cannot be maintained to recover chattel, when, 1690, 2919.

provisions concerning, applicable to foreclosure of chattel lien, 1738, 1740.

in action to charge defendants jointly indebted not served, 1940.

people, public officer, etc., not required to give security, 1990.

additional allowance in action when warrant of, has issued, 3252, 3254.
when warrant is said to be "annulled," 3343.

application of certain provisions concerning, 3347.

ATTACHMENT OF PROPERTY IN JUSTICE'S COURT-when granted, 2905. what must be shown to procure a warrant, 2906. warrant; form and contents thereof, 2907.

undertaking. 2908.

warrant; how executed, 2909.

service of summons and warrant upon defendant, 2910.

undertaking by defendant; re-delivery thereupon, 2911.

claim by third person, bond and delivery thereupon, 2912.

action on bond, 2913.

when defendant may prosecute bond, 2914.

return of attachment, 2915.

motion to vacate or modify warrant, 2916.

effect of vacating warrant, 2917.

proceedings when summons not personally served, 2918.

title of purchaser at sale, not affected by restitution on reversal, 3058.

ATTACHMENT OF PROPERTY IN MARINE COURT OF THE CITY OF NEW YORK; DISTRICT COURT OF NEW YORK; AND JUSTICES' COURTS OF ALBANY AND TROY. (See TITLES OF THOSE COURTS.)

ATTACHMENT OF THE PERSON--for contempt. (See CONTEMPT.)

judgment for costs may be collected by, against director, etc. 1987.
may be issued for disobedience of certiorari, etc. 2028.

power of county may be called ont to execute, 2030.

of defaulting witness, in justice's court, 2971-2973.

ATTORNEY-or officer, process to be subscribed or indorsed with name of, 24. parties may appear in person, or by, 55.

death or disability of; proceedings thereupon, 65.

must subscribe summons, 417.

to subscribe notice of appearance, answer, etc. 421.

for plaintiff, may limit time for service of summons, 425.

to be assigned to prosecute or defend for poor person, 460, 465.

of poor person, cost to be paid to. 467.

appearing for two or more defendants to receive one copy complaint, 479.

to subscribe pleading, 520.

verification of pleading, by, when allowed, 525.

id.; copy of account, by, 531.

to subscribe order of arrest and may limit time for its execution, 561. must subscribe warrant of attachment, 641.

service of papers on, how made. (See SERVICE.)

when to be served with papers, instead of party, 799.

may execute satisfaction-piece of judgment within two years, 1260.

for plaintiff in ejectment may be compelled to produce authority to ap pear, 1512-1514.

to attend judge or referee on view of property, in action for waste, 1659. parties to proceeding instituted by State writ may appear by, 1995. surrogate not be counsel or attorney, etc. 2495.

constable, law partner, or clerk of justice, cannot act as attorney, 2889. authority of, to act, how proved in such action, 2890.

inay make affidavit in action for chattel in justice's court, 2929.

interested in recovery for services, not liable for costs, 3247.

liability of. for costs, when, 3278.

not entitled to witness fee, when attending in behalf of client, 3288. ATTORNEY-GENERAL--may bring action for penalty, given to prosecutor; limi

tations, 387.

(See, also, ATTORNEYS AND COUNSELLORS.)

to be served with summons, in partition, 1594.

may bring action against directors, etc., of corporation, 1782.

may bring action to dissolve corporation, 1786.

must bring action to annul corporation, when, 1797, 1798.

when, must bring action against corporation, 1808.

may bring action against usurper of office, etc. 1948.

proceedings in such action; trial, etc. 1949, 1950.

assumption of office by person entitled, 1951.

proceedings to compel delivery of books, etc. 1952.

damages how recovered in action brought by, 1953.

action may be brought by, against several claimants to office, 1954.

injunction against persons illegally acting as corporation, 1955.

final judgment in action for usurping office, etc. 1956.

may bring action to vacate letters-patent, when, 1957.

trial of such action; judgment-roll, etc. 1958-1960.

must have notice of application for disposition of proceeds of action for conversion of public funds, 1975.

must bring such action, 1976.

ejectment snit for real property escheated or forfeited, 1977.

notice of object of such action to be published, 1978.

must report recoveries to commissioners of land office, 1981.

must bring action for personal property forfeited for treason, 1982.

entitled to special compensation where relator joined with people, 1986.

may apply for State writ in action by people, 1993.

payment of fees not required on habeas corpus, 2002.

advice of counsel need not be sworn to, in habeas corpus, 2012.

appeal in habeas corpus and certiorari, in name of people, 2059.
application for writ of assessment of damages, 2105.
undertaking in contempt when prosecuted by, 2290.

action against sheriff for taking insufficient undertaking, 2291.
searches in certain public offices to be made without fee, 3290.

ATTORNEYS AND COUNSELLORS-attorneys and counsellors at law, admission and regulation of, 55-81, 193.

punished for misconduct. 14.

disqualification of judge, judge's partner or clerk, to act as, 49, 50. residing in adjoining States, 60.

compensation, 66.

removal or suspension, 6-09.

AUTHORITY-evidence of, to appear for plaintiff, 1512-1514. of officer or court to act as surrogate, 2487.

order of court at general term for that purpose, 2488. how such authority is superseded, 2489.

letters testamentary, etc., conclusive evidence of, 2591.

of attorney, to act in action before justice of the peace, 2890. AWARD. (See ARBITRATION.)

B.

BAIL fictitious, 14.

custody of persons surrendered in exoneration, 110. effect of surrender, 276, 346.

motion to reduce, 557.

discharge from arrest, on bail, 573-590.

charging and discharging bail, 591-601.

of prisoner held on irregular commitment in habeas corpus, 2035. when such prisoner may be committed to another officer, 2036. certiorari may be issued on application for habeas corpus, 2041. on certiorari, when and how ordered; how taken, 2045, 2046. discharge of prisoner after, therein, 2047.

order directing discharge upon giving, 2048.

prisoner who appeals must be admitted to bail, 2060-2062. custody of prisoner until he gives such, 2063.

recognizance when valid for an adjournment, etc. 2064.

in N. Y. marine court, 3168.

(See TITLES OF THOSE COURTS.)

BAILEE of debtor, examined in supplementary proceedings, 2441--2459. as to foreclosure of lien of, upon chattel. (See ACTION TO FORECLOSE LIEN UPON A CHATTEL.)

BANKRUPT-judgment against, how discharged, 1268.

tenant summary proceedings to remove him, 2231. may be required to file security for costs, 3269.

BASTARDY-action on, bond may be brought in district court of N. Y. 3215. BAWDY HOUSE---is ground for summary proceedings, 2231.

notice to be served upon landlord; petition in summary proceedings, 2237.

BILL OF EXCHANGE. (See PROMISSORY NOTE.)

BILL OF PARTICULARS, 531.

BOARD--as to mandamus or certiorari to. (See CERTIORARI; CORPORATION; MANDAMUS.)

BOARD OR COMMITTEE--may administer oaths, 843.

bpoena, how issued and served, 854.

BOARDING-HOUSE KEEPER-as to foreclosure of lien of, upon chattel. (See ACTION TO FORECLOSE LIEN UPON A CHATTEL.)

BODY body or officer" in certiorari, what to include, 2146.

BONI-action upon a penal, 1915.

of committee of lunatic, for sale of real estate, 2351.
ofguardian of infant in such a proceeding, 2352.
hov such bonds prosecuted, 2353.

to prevent decree for discovery of property, 2713.

ma be required by decree for payment of legacy, 2719.

of urchaser at sale of land contract, 2780, 2781.

of hird person on claim to property attached, 2912.

actɔn on such bond; judgment thereon, 2913.

who defendant may prosecute such, 2914.

note of justification of sureties in N. Y. marine court, 3161.

for ond of officer, and action upon official bond. (See OFFICIAL BOND.)

for osts. (See Costs.)

BOND OR UNDERTAKING-general regulations respecting bonds and undertakngs, 729, 730, 810-816.

BOND FOR JAIL LIBERTIES-regulated in detail, 145-159.

action upon, 160-171.

coroner may take from sheriff, 174-177.

given by sheriff, coroner may prosecute or assign, 178. id.; person arrested in action brought by sheriff, 180.

BOOKS AND PAPERS--as evidence, 942-956. discovery and inspection of, 803 809.

of foreign corporation, 929, etc.

subpoena duces tecum, 866-868.

what books to be kept by surrogate; index, etc. 2498, 2499. to be preserved, 2500.

discovery of, provisions relative to, in surrogates' courts, 2538. to be deposited with town or city clerk, etc. 3144.

certificate as to judgments in docket-book so deposited, 3145. must be demanded by such clerk, after death of justice, 3146.

delivery of such, how compelled, 3147.

transfer of, from mayor's court of Hudson, recorders' courts of Utica and Oswego, to supreme court, 3197.

BREACH OF PROMISE-to marry; cause of action for, not transferable, 1910. id.; cannot be brought in justice's court, 2861.

id.; as to district court of New York, 3215.

id.; as to justices' courts of Albany and Troy, 3223. BRIBERY-with reference to jurors, 1122, 1123, 1158, 1193.

BROOKLYN--application in summary proceedings may be made to police justice, 2234.

BROOKLYN, CITY COURT-a court of record, 2.
judges to fix number of attendants, 95.
appeal to court of appeals, 191.

jurisdiction and general regulations, 263-255-312.

application for change of name may be made to, 2411.

is included among superior city courts, 3343.

clerk of, must account for and pay over fines and fees, 3284.

BROOKLYN, JUSTICE OF THE PEACE IN-justice in sixth district must be ar

attorney, 3116.

justices' jurisdiction in Brooklyn, 3117.

to receive salaries in lieu of fees; pay over fees monthly, 3118.

clerk; how appointed; salary; bond, 3119.

duties of clerk, 3120.

common council to designate attendants, etc. 3125.

copy of complaint served, with summons; proceedings thereupon, 3126. jury trial; when and how demanded, 3127.

setting aside default, etc. 3128.

additional costs upon recovery of $100, 3129.

id.; where defendant recovers judgment, 3130.

costs in actions by working women, 3131.

costs upon adjournment, 3132.

application of other provisions. Holding court open, 3133.

BUFFALO, SUPERIOR COURT--a court of record, 2.

judge may make orders in supreme court, 240.

proceedings may be continued before another judge, 279.

general provisions as to, 293-306.

jurisdiction of, 263, 264, 265, 292, 293.

of certain actions discontinued in justice's court, 294.

application for habeas corpus or certiorari made to judge. 2017, 2018.

id.; when writ must be granted; penalty for refusing, 2020.

when such writ may be granted in another county, 2023.

when such writ to issue without application, 2025.

proceedings on return of writ of habeas corpus, 2031. warrant to bring up prisoner about being removed, 2054. application for change of name may be made to, 2411. when new action must be brought in, 2953.

appeal from judgment of justice of the peace, 3045.

such appeal, when must be heard at general term, 3062.

is included among superior city courts, 3343.

provisions as to trial jurors apply to trial of indictment, etc. 8947. (See, also, SUPERIOR CITY COURTS.)

CALENDAR-printed, 19, 20.

C.

calendar practice in New York city, 794, 795, 977.

preferences, 978, 789-795.

CANADA—will of personal property in, when may be proved here, 2611, 2613.
CASE-settlement by judge out of office, 25.

in cause tried at certain circuits in N. Y. 236.

on appeal, or motion for new trial, when necessary; how made and settled, 997.
when appeal, etc., may be heard without case, 998.

required on appeal from order, as to new trial on minutes, 999.

a preparation and settlement of, not a stay on judgment, 1005.

statement of exceptions in, no prejudice to motion for new trial, 1006.
submission of controversy without action, 1279, 1280.

when required on appeal to court of appeals, etc. 1339.

on appeal from surrogate's court, 2576.

amount of costs for making and serving, 3251.

CAUSES OF ACTION--joinder of, 484.

what may be joined in, against executor, etc. 1815.
civil and criminal prosecution not merged, 1899.
effect of transfer of, 1909.

what causes of action may be transferred, 1910, 1911.

how far assignment of judgment transfers the, 1912.

joinder of several, against same person, in favor of people, 1988.
consolidation of actions against different parties for same, 1989.

what may be joined in justice's court, 2937.

CERTIFICATE--to be used as evidence, 957-959.
when minst be under seal, 958, 959.

CERTIORARI, TO INQUIRE INTO CAUSE OF DETENTION-is a State

writ, 1991.

person served with, must obey writ; fees to be paid, 2005.

who entitled to prosecute this writ, 2015.

when the writ will not be allowed, 2016.

application for writ; how and to whom made, 2017.

application in another county; proof required, 2018.

contents of petition for such writ, 2019.

when writ must be granted; penalty for refusing, 2020.
form of such writ, 2022.

when writ returnable before another judge, 2023.

writ must be obeyed, etc. 2024.

when writ to issue without application, 2025.

return to writ; its contents, 2026.

proceedings on disobedience of writ, 2028.

id.; precept to bring up prisoner, 2029.

id.; power of county may be called, 2030.

when prisoner to be discharged in civil cases, 2033.

legality of certain mandates, not to be inquired into, 2034.

notice of hearing for discharge of prisoner, when given, 2038.

when to issue on application for habeas corpus, 2041.

proceedings upon return of writ, 2042.

id.; when discharge to be granted; when proceedings to cease, 2043.
when does not prevent habeas corpus, and vice versa, 2044.

bail on, when and how ordered, 2045.

id.; by whom and how taken, 2045.

discharge of prisoner bailed, 2047-2049.

when such prisoner may and may not be re-imprisoned, 2050.

penalty for violation of last preceding provision, 2051.

id.; for concealing, etc., prisoner for purpose of avoiding writ, 2052.

id.; for aiding, etc., in such concealment, etc. 2053.

warrant to bring up prisoner about to be removed, etc. 2054.

when offender in such case to be arrested, 2055.

execution of such warrant; proceedings to relieve prisoner, 2056.
id.; proceedings to punish offender, 2057.

penalty of refusing copy of process, 2065.

CERTIORARI TO REVIEW-is a State writ. 1991.

person served with, must obey writ; fees paid or tendered, 2005.
cases where such writ may issue, 2120.

cases where it cannot issue, 2121, 2122.

when to issue from supreme court or superior city court, 2123.