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SURROGATES' COURTS-continued.

when bond may be prosecuted..

successor may be appointed, and may compel accounting, etc..
accounting by executor, etc., of deceased executor.

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successor may prosecute official bond.

260

action on official bond when no successor appointed

revocation of probate.

application of this article to executors, etc., heretofore appointed.
probate of wills and grant of letters thereupon

260

2610

.2611-264

probate of heirship...

2647-2653

66

administration; grant of letters...

.2654-2659

temporary administration.

2660-26

aid, supervision and control of executor or administrator.
liability of person unauthorized to act as executor

revocation of letters testamentary and letters of administration.
foreign wills; ancillary letters.

.2668-2683

2684-269

2694-2706

.2706-2721

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proceedings to discover property withheld

order; service of citation; officers who may act in surro-
gate's absence.

2706

270

2708

2709

2710

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when may be ordered in pending action affecting real property.
order directing, contents and service..

SURVEYOR'S FEES...

SURVIVAL

of cause of action.

SYRACUSE MUNICIPAL COURT OF THE CITY OF.

TALESMEN-

when and how may be procure !..

TAVERN KEEPER-

cannot act as justice of peace

exempt property; proceedings for neglect to set apart,

expenses and distribution of proceeds..

testamentary trustee

guardians-appointment, removal and resignation of general.

-supervision and control, accounting..

inventory; appointment of appraisers and appraisal..

exemption for widow and children.
contents of inventory..

return of..

return of, how compelled..

sale of personal property

debts; ascertainment of..

"6 payment of..

rents, annuities and dividends; how apportioned..
legacies; payment of....

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petition to compel payment of.....

decree for payment on giving security.

accounting and settlement of estate..

disposition of decedent's real property for payment of debts and funeral

2710

2711

2712

2713

2714

2715

2716

2717

2713

2719

272

2721

2792

2723

2724

2722-2748

.2749-2801

2802-2820

2821-2841

.2842-280

.2851-2800

1682

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taxation in foreciosure of mortgage by advertisement.

time to serve notice of in city court of New York.

TAXATION OF COSTS IN JUSTICES' COURTS

to be paid by officer selling in partition, dower and foreclosure..
TAX PAYER'S ACTION-

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8266

3267

248

3161

3078

1676

1925

2670

2670

2670

2670

2679

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TEMPORARY ADMINISTRATION—Continued.

id.; as to requiring creditors to present claima

id.; as to paying debts

id.; as to real property.

special powers of temporary administrator p

temporary administrator of absentee may roz de* * * .mily
deposit of money by temporary adiestrator
proceedings where he neglects to deposit
money deposited; how withdrawn.

notices required by this article

how I

when time to run for or against the estate
application of this chapter to collectors.

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settlement of account; when may be required
TEMPORARY GUARDIAN-

appointment of

term of office

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TESTAMENTARY TRUSTEE IN SURROGATES' COURTS-continued.

judicial settlement on petition of trustee...
certain provisions relative to accountings.

surrogate to determine controversies; proportion may be retained.

effect of decree....

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appointment of successor..

SECTION

2810

2811

2812

2813

2814

2815

2816

2817

2818

proceedings where testamentary trustee is also executor or administrator.. 2819
application of this title..

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claim by to goods attached.

posed of..

claim of, to property levied upon under an execution, and how dis-

.168, 109
657-659

claim of title by in replevin

1418-1421

defense of title in third person in replevin...

1709-1711

1729

suit in the name of another; when forbidden

treble and other damages..

claim by on attachment in justices' courts.
claim by in replevin in justice's court...

TIME-

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extension of to plead in action against corporation on promissory note, etc. 1778

1900

1901

.2912-2914

2929

.784, 785

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780

how reckoned upon successive letters in surrogate's court...

for service of notices in city court of New York..

when code of civil procedure deemed to have been passed.

id.; when takes effect....

TITLE-

remedies for failure of title to real property sold under execution, and to

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justice interested in, when not to sit in action affecting.
TOWN CLERK-

copies of documents in office of; when evidence..
TRANSCRIPTS OF JUSTICES' JUDGMENTS-

how proved..

docketing..

execution on judgment docketed with county clerk.
TRANSFER-

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proceedings upon death or disability of a party or transfer of interest....755-766
See also ASSIGNMENT, REMOVAL.

TREBLE DAMAGES--

TREASON; ACTION TO RECOVER PROPERTY ESCHEATED OR FORFEITED

FOR

1977-1982

1184

in action by adverse party for improperly suing in another's name.

1931

when allowed in verdict

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66 are triable by the court.

trial of the remainder of the issues.

counterclaim to be deemed an action, within the foregoing sections..
immaterial issues need not be tried.

order of trial, where issues of law and of fact arise in the same action
but court may direct the order, etc., of disposition of the issues.
what issues of fact are triable by a jury..

order for trial by jury, of specific questions of fact, when of right..
id; when discretionary

966

967

968

969

970

971

972

974

975

what issues to be tried before one judge; regulation of trial in the supreme
court

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place of trial...

982-991

certain actions to be tried, where the subject thereof is situated.

982

other actions, where the cause thereof arose.

66

place of trial, if proper county not designated...

defendant may demand change; proceedings thereupon.
when court may change the place of trial.

effect of changing the place of trial..

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983

according to the residence of the parties.

984

985

986

987

998

989

990

991

exceptions, case, and motion for new trial.

992-1007

what rulings may be excepted to.

992

refusal of court or referee, to find upon facts may be excepted to.

993

when and how exceptions may be taken, after close of trial by court or
referee...

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motion for new trial upon judge's minutes; appeal from order thereupon.
when and how exceptions, taken upon a jury trial, heard at general term.. 1000
motion for new trial at general term, when trial was by court or referee...
when motion for new trial to be made at special term; restrictions there-
upon....

999

1001

1002

application of this article to trials of specific questions by jury; special
provisions applicable thereto..

1003

motion for new hearing, after trial of specific questions by a referee.
final judgment, etc., not stayed, by motion for a new trial;

1004

motion may be

heard afterwards..

when exception not to prejudice motion for new trial.

notes of stenographer may be treated as minutes of the judge.
TRIAL BY THE COURT OR REFEREE..

TRIAL JURY-

defined.

TRIAL BY JURY-

1005

1006

1007

1008-1026

3343

formation of the jury..

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.1163-1180

66 clerk to prepare ballots of jurors for trial.

persons drawn to form jury..

ballots drawn, when deposited in seccrd box.

when to be returned to first box.

1163

1164

1165

1166

1167

1168

1169

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formation; new jury may be drawn while first is impaneled..
talesmen, when may be ordered procured.
sheriff interested; substitute to be appointed for.
duty of sheriff and of talesmen

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trial to be as prescribed in code.

alien not entitled to jury composed in part of aliens.

venire not necessary.

juror not to be questioned for verdict.

"taking gift penalty therefor..

embracery; penalty therefor..

special proceeding; penalty for juror's non-attendance in.

66

66

66

sheriff, etc., to keep jury in.

notice of imposition of fine..

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special return of delinquency and fine to county court 11
collection or remission of fine....

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119

25-4

how reviewed

motion for new trial..

254

verdict....

25

appeal from order on motion for new trial 254

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"notify" as used with respect to procuring attendance of a juror defined..
id.; as to "summon".

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334

834

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.2318, 331

3

TRIAL JURORS IN COUNTY COURTS--
how drawn and summoned.

TRIAL JURORS IN JUSTICES' COURTS
fine for non-attendance.

TRIAL JURORS IN KINGS COUNTY.

qualifications..

exemptions..

non-attendance, penalties for..

mode of selecting, drawing and procuring attendance in ordinary cases..1035-10:
struck and foreign jury....

1027-1994

1063-107:

1072-107

2990-295

30:

.1126-112

1185

evidence of.

112

length of jury service required.

112

when juror to be excused by court..

112

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clerk of court to certify to commissioner as to attendance, fines, etc..

113

115

.1132-1153

fines and remission thereof.

113

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1152-115

115

physician giving false certificate, penalty for.

giving false information or suppressing notice, penalty.

11

11

money to be reported and paid over by commissioner..

115

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See also §§ 1190-1199, containing provisions generally applicable.
TRIAL JURORS IN NEW YORK COUNTY

1162

1079-1195

1079

66

juror applying for excuse to bring notice.

exemptions...

military officers to certify persons doing military duty..

jury year, length of service required and allowed..

temporary excusing of juror.

service in a court not of record, when an excusc..

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