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CERTIORARI TO REVIEW-continued.

when from any other court. 2124.
limitation of time for review, 2125.
id.; in case of disability, 2126.

application for writ; where and how made, 2127.
when notice is necessary service thereof, 2128.
to whom writ directed, 2129.

mode of service of writ, 2130.

stay of proceedings on issuing of, 2131.
when and where writ of, returnable, 2132.
subsequent proceedings as in an action, 2133.
return to; when and how made, 2134.

id.; how compelled; fees for making, 2135.
id.; after term of office expired, 2136.

when third person may be brought in, 2137.
hearing upon return to, 2138.

id.; upon affidavits, 2139.

questions to be determined upon the hearing, etc. 2140.

final order upon the hearing on return of, 2141.

restitution may be awarded, 2142.

entry and enrollment of final order, 2144.

effect thereof, 2145.

body or officer," and "determination," what to include, 2146.
application of foregoing provisions to certain cases, 2147.

id.; to civil cases only, 2148.

CHALLENGE--of juror, 1166-1180.

CHANGE--of name. (See NAME.)

CHATTEL-action for a. (See ACTION FOR A CHATTEL.)

action to foreclose lien upon a. (See ACTION TO FORECLOSE LIEN UPON A
CHATTEL.)

CHILD-property of criminal may be applied to support of, 2228.

temporary administrator of absentee may provide for, 2677.

born after will may petition for executor's account, 2726.
(See, also, ISSUE.)

CIRCUIT COURT. (See COURT.)

trial in, on reversal of decree of surrogate's court, 2588.
courts of record, 2.

seal kept by county clerk, 27.

regulations as to, 232-243.

issues of fact and law to be tried in, 976.

CITATION, IN SURROGATE'S COURT--jurisdiction acquired by, 2474.
surrogate may issue, in court or out of court, 2481.

return of a, definition of, as used in surrogates' courts, 2514.

how executed and returnable, 2515.

proceedings to be commenced by, 2516.

inust be served within sixty days, etc., when, 2517.

to a class; where some are unknown, 2518.

id.; contents of, 2519.

id.; service of, personally, by publication, etc. 2520.

who to be cited on petition for probate of will, 2615.
contents of such. 2616.

persons not cited may appear, 2617.

publication of, when county newspaper refuses, 3293.

affidavit of such publication; what to state, 3294.

(See, also, EXECUTOR AND ADMINISTRATOR; TRUSTEE, TESTAMENTARY;
GUARDIAN.)

CITY--action for cutting, etc., trees; damages therein, 1667, 1668.

venire for trial between town and, before justice, 2992.

action to recover for conversion of public funds, etc. (See PUBLIC FUNDS;
PUBLIC OFFICER.)

CITY COURT OF BROOKLYN. (See BROOKLYN, CITY COURT.)

CITY COURT OF NEW YORK. (See MARINE COURT OF NEW YORK.

CIVIL-civil action defined, 3337.

action, only one form of allowed, 3339.

prisoner, discharge of, etc. (See INSOLVENT Debtor, EXEMPTION FROM AR-

REST, etc.)

CLAIM TO REAL PROPERTY--action to compel determination of, who may

maintain, 1638.

id.; complaint in, 1639.

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

id.; answer may plead title, 1641.

id.; proceedings same as in ejectment, 1642.

id.; proceedings where defendant claims in reversion, 1643.

id.; judgment awarding defendant possession in, 1644.

id.; final judgment for plaintiff, 1645.

id.; effect of final judgment in, 1646.

id.; proceedings for new trial same as in ejectment, 1646.

id.; to determine widow's claim to dower, 1647.

id.; proceedings in, where plaintiff admits her claim, 1648.
id.; where defendant's claim denied, 1649.

id.; may be maintained by or against corporation, 1650.

CLAIM OF TITLE--by third person, to property seized, 108, 109.
to attached vessel, 660-673.

to real property, 362–375.
CLERGYMAN-privilege as witness, 833.

CLERK--punishment for misconduct, 14.

write, process, etc., to be filed with, 23, 816.

or deputy-clerk, etc., not to practice in his own court, 61.
must act as guardian ad litem, 472.

oaths taken before, 842.

duties as to commissions, 904-907.

certified copies of records evidence, 933.

must search and certify, 961.

to deliver papers when place of trial changed, 988.

to enter judgment by default, 1212.

amount how assessed by, 1213.

to keep judgment book. etc. 1236.

to file, endorse, etc., judgment-roll, 1237-1239.

notice of pendency of action, in foreclosure, 1631.

to make entry in docket of judgment against joint debtors, where some are

not served, 1936.

must make entry in docket on satisfaction of judgment, 1943.

must make schedule of fines imposed, when, etc. 2293.

must issue warrant to collect fine, etc. 2294, 2295.

in surrogate's office; appointment of; compensation, 2508.
of surrogate's court; how appointed; powers, 2509.

surrogate liable for acts of clerk of court. 2510.

not to act as appraiser in surrogate's court, 2511.

of surrogate's court must furnish transcript of decree, 2553.

id.; may issue execution to enforce decree. 2554.

of justice may not act as attorney before justice, 2889.

when service of notice of appeal made by leaving same with, 3048.

undertaking on appeal may be served on clerk, 3051.

id.; when may be filed with clerk of appellate court, 3052.

of justice of the peace in Brooklyn; appointment, etc. 3119.

id.; duties, 3120.

of city or town, books and papers to be deposited with. 3144-3148.

of mayor's court of Hudson, and recorders courts of Utica and Oswego, 3193.
of district court of New York, issue of execution by, 3220.

costs must be taxed by, 3262.

review of taxation of costs by, 3265.

duty of, in taxing costs, 3266.

of court must perform service without fee, except, etc. 3280.

of court of appeals to account for and pay over fees, 3283.

of courts in New York and Brooklyn to account for fees, 3284.
certain State officers may order searches of, without fee, 3290.
definition of, 3343.

(See COUNTY CLERK; FEES.)

CODE OF CIVIL PROCEDURE--title of this act, 3344.

rule of strict construction not applicable thereto, 3345.

punishment for crimes and misdemeanors thereunder, 3346.

application of portions of, regulated; when old law governs, 3347-3349.
effect of, to jurors, etc.; in criminal causes, 3350.

id.; concerning grand jurors, 3351.

does not affect proceedings rightfully taken in action, etc. 3352.

B

CODE OF CIVIL PROCEDURE-continued.

effect of, upon appointment of terms, etc. 3353.
id.; upon officers and offices, 3354.

when to take effect; when deemed passed, 3355, 3356.

COLLECTORS-provisions concerning prior temporary administrators and collec

tors, 2683.

COMMISSION--to examine witness, on written interrogatories, 887-892.

id.; on oral questions, 893, 895.

open, when to issue, 894, 895.

upon consent, when to issue. 908.

from foreign court, to examine witness, 915.

to discover death of life-tenant, 2311.

general provisions respecting such, 2312.

petitioner to give notice of execution of such, 2313.

execution of such commission, 2314.

return to such commission what to state, 2314.

proceedings on return of, in such proceedings, 2315.

certain provisions relative to, apply to surrogates' courts, 2538.

to take testimony issued from N. Y. marine court, 3171.

amount of costs for drawing interrogatories to be annexed, 3251.

by justice of the peace; to examine witness upon interrogatories, 2980.
id.; orally; copy of section 900 to be annexed, 2981.

id.; when and how granted, 2982.

id.; adjournment, 2983.

id.; execution and return of commission, 2984.

id.; receipt thereof by justice, 2985.

id.; when deposition evidence; when taken orally, 2986.

id.; powers of commissioners, 2987.

COMMISSIONER OF HIGHWAYS.

(See OVERSEER OF HIGHWAYS.)

COMMISSIONER OF JURORS, 1027-1199.

COMMISSIONERS OF THE LAND OFFICE-entry to be made, on vacating letters-
patent, etc. 1959.

transcript of such entry to be sent to county clerk, 1960.
attorney-general to report, escheats, 1981.

COMMITTEE. (S e BOARD.)

COMMITTEE FOR LUNATIC, IDIOT, OR HABITUAL DRUNKARD-appoint

ment of, 2322.

jurisdiction and duty of court in such proceeding. 2320, 2321.
application for such committee: by whom made, 2323.

duty of certain officers to apply for such, 2324.

petition for such; proceedings on presentation thereof, 2325.
when foreign committee may be appointed, 2326.

order for commission or for trial by jury or court, 2327.

contents of such commission, 2328.

commissioners to be sworn; vacancies, how filled, 2329.

jury to be procured; proceedings thereupon, 2330.

proceedings upon the hearing before such commission, 2331.

return of inquisition and commission. 2332.

expenses of commission; pay of jurors, etc. 2333.

proceedings upon trial by jury in court. 2334.

subject of inquiry in cases of lunacy, 2335.

proceedings upon verdict on return of commission, 2336.

security must be required of; provisions concerning, 2337.
compensation of such, 2338.

is under control of court; limitation of powers, 2339.

of property may maintain actions, etc. 2840.

id.; to file inventory and account, 2341.

id.; compelled to file same or render additional account, 2342.

how discharged, and property restored, 2343.

proceedings in case of death of lunatic, etc. 2344.

application for sale, etc., of real estate of lunatic, etc. 2348.
id.; by whom made; petition, 2349, 2350.

boud of, on such application, 2351.

id.; how prosecuted, 2353.

agreement for such sale; final order; conveyance, 2355.
report of such sale, etc. 2356.

security for costs when required in action by, 3271.

COMMITMENT-to jail, of person disobeying certiorari, etc. 2028.
proceedings in habeas corpus case when, irregular, 2035.

warrant for contempt cannot issue, when, 2278.

in contempt proceedings. (See CONTEMPT.)

on proceedings to compel executor, to file inventory, etc. 2715.

id.; how discharged, 2716.

of recusant witness in justice's court, 3001-3003.

(See, also, WITNESS.)

COMMON CARRIER-mis-joinder, etc., of parties not a defence, except, etc. 1945.
COMMON LAW-how proved, 942.
documentary evidence, 962.

certain writs, special proceedings, abolished, 1687.
writ of habeas corpus, application to, 2066.
rule of, not applicable to this act, 3345.

COMMON PLEAS, OF N. Y.-a court of record, 2.
proceedings continued before another judge, 26.
attendants, 93.

sheriff's jury, 108, 109.

jurisdiction, 263, 264, 265, 286.

may correct or discharge certain judgments, 286.

may remit a fine or forfeited recognizance, 286.

may entertain any special proceeding cognizable by a county court, 286.
organization, general regulations, powers, etc. 287-291.

judge of, may take bail pending appeal, 2060, 2061.

petition of insolvent, for discharge, must be presented to, 2150.

may exempt or discharge insolvent debtor, 2188.

application to, for discharge of judgment debtor, 2201.

change of name, may be made by, 2410.

clerk of, to make return of changes of name, 2418.

supplementary proceedings instituted before judge of, 2434.

may exercise powers of surrogate, when, 2486-2491.

supplementary proceedings, based on decree of surrogate's court in New York,
must be as if on judgment of, 2554.

trial by jury may be awarded in, on reversal of decree of surrogate's court, 2588.
appeal to, from N. Y. marine court, 3191, 3192.

id.; within what time; where heard, 3193.

id.; determination upon an appeal; new trial affirmed; appeal to court of
appeals, 3194, 3195.

removal of cause to, from district court of New York, 3216.

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

is included among superior city courts, 3343.

COMPENSATION-of executor, guardian, trustee, etc. (See FEES.)

COMPLAINT--general rules as to, 478-488.

copy served with summons; consequence of failure, 419.

to be filed, on service by publication, 442.

certain objections waived unless taken by answer or demurrer, 499.
undenied allegations deemed true, 522.

time to make for supplemental complaint, 784.

dismissal for refusal to make discovery, 808.

id.; for neglect to serve summons, 821.
id.; for neglect to proceed, 822.

judgment not to exceed demand, 1207.

id.; dismissal when prevents new action. 1209.
id.; by default taken for amount claimed, 1213.
verification, 524-526.

in ejectment; what it must state, 1510, 1511.

in partition; contents of, etc. 1533, 1542, 1543.

in action for dower, contents of, 1606.

in foreclosure, to state if other action brought for mortgage debt, 1629.

in action to determine claim to real property, 1639, 1649.

in action for chattel, contents, etc. 1720-1722.

requisites of, in action for separation, 1764.

in action by or against corporation, 1775, 1777.

against executor, etc., when personal and representative causes of action
joined, 1815.

in creditor's action against heir, etc., must describe land, 1851.

in action to charge defendants not served, 1938.

in justice's court, is one of the pleadings, 2936.

id.; what causes of action may be joined, 2937.

COMPLAINT―continued.

service of summons in justices' courts of Brooklyn; effect, 3126.
time for service of, in N. Y. marine court, 3166.

in certain marine causes, may be oral or written, etc. 3185.

service of, with summons, in district courts of New York and justices' courts
of Albany and Troy, 3207.

id.; and proof of service, 3208.

COMPOSITION, BY JOINT DEBTOR. (See JOINT DEBTOR.)

COMPROMISE, 736–740.

offer of, on appeal from justices' judgment, 3070.

id.; after return, on such appeal, 3072.

COMPTROLLER-may require searches to be made without fee, 3290.

CONCEALMENT-of prisoner, in habeas corpus, proceedings, 2052.

CONFESSION OF JUDGMENT, 1273-1278.

CONFESSION--of party not alone proof to anuul marriage, 1753.
of judgment, by corporation, when void, 2430.

of judgment, when justice of the peace may enter, 2864.
of judgment before justice of the peace, 3010.

mode of confessing same, 3011.

when such confession void, 3012,

judgment upon such confession, 3015.

of judgment, in justices' courts of Albany and Troy, 3224.

CONSENT--of creditor, to discharge of insolvent from his debts. (See INSOLVENT

DEBTOR.)

CONSOLIDATION OF ACTIONS-in same court, 817.

in different courts, 818.

against joint and several debtors, 899.

in favor of people against several defendants, 1989.

of proceedings against executor, etc., to account, 2728.

of proceedings against testamentary trustee to account; etc. 2809.

CONSTABLES-not to practice as attorneys, 62.

when to act as crier, 92.

sheriff to notify, to attend court, 97, 98, 242.

fine for non-attendance, 99.

limitation of actions against, 383, 385.

fees to be paid in habeas corpus, 2000.

fees in such case to persons not officers, 2001.

last two provisions qualified, 2002.

who served summons not to act as attorney before justice of the pence, 2889.
duty of, in executing order of arrest issued by justice of the peace, 2898.
return by, of such order of arrest, 2899.

must keep defendant in custody, 2900.

duty of, in executing warrant of attachment, 2909.

duty of, when property attached, 2912.

requisition to replevy; execution thereof, 2921.
penalty, for wrong delivery of chattel by, 2928.
claim of third person in action for chattel, 2929.
action against, on such claim; indemnity to, 2929.
power of, under execution in such action, 2931.

return of, on undertaking given in such action, 2931.

return of service of subpoena by, presumptive evidence, 2970.

warrant of attachment against defaulting witness; fees, 2972.

id.; when witness is in adjoining county, 2973.

venire to, on trial before justice of the peace, 2991, 2992.

duty of, in executing and returning snch venire, 2993.

must keep jury in justice's court; his oath, 3006.

justice's execution must be directed to; return thereof, 3025.
id.; what to direct, 3026, 3027.

purchase by, at sale on execution issued to him, prohibited, 3030.
return of execution by, to justice, 3031.

duty of, on execution against the person, etc. 3032.

action against, for failure to return execution, etc. 3039.

not to act under execution after return day, 3040.

action against, for failure to pay over money collected, 3041.
duty of, in collecting execution after expiration of office, 3042.
to be designated to attend justices' courts in Brooklyn, 3125.
rewards to, in justice's court, forbidden, 3136.

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