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SHERIFF-- Continued:

SECTION.

proceedings and duty of, in executing warrant of attachment for contempt..2276-2283
liability of, for insufficiency of sureties on undertaking in contempt proceedings. 2291
warrant to, for collection of fine; execution thereof; liability thereon; committee
of.
duty of on trial before commission, on application for appointment of lunatic,
etc.....

...

....

2294-2300

2328-2335

warrant for arrest of judgment debtor in supplementary proceedings, 2437-2439, 2453
order for payment to sheriff by person indebted to judgment debtor, in supple-
mentary proceedings

.......

...

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order in such proceedings requiring delivery of money or property to...
duty and liability of, on receiving such money or property
warrant to seize property withheld from executor, etc.; execution thereof..
must discharge prisoner on execution upon justice's judgment, when.............
penalty upon, for not so discharging prisoner.

.... ........

.....

2446

2447

2448-2450

2714

3034

3032

3036

3158

when affidavit of debtor, a defence to, in action for an escape
constable may deliver justice's mandate to, in case of resistance; duty of sher-
iff, etc....

Hability and duty of, in serving and returning process of certain local courts... 3201
fees of, must be taxed, on demand; amount of same.....
3287, 3307
fees of, on sale of real property in foreclosure cannot exceed fifty dollars, 3307, sub. 11
fees of....
how collected.

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liabilities and duties of in action to foreclose a lien upon a chattel. (See ACTION
TO FORECLOSE A LIEN UPON A CHATTEL.)

action upon official bond of. (See OFFICIAL BOND.)

duty of as to executing attachment of property. (See ATTACHMENT OF PROPERTY.)
to have custody of jail and prisoners. (See JAIL; PRISONER.)

liability of, for escape of a prisoner. (See ESCAPE.)

when a party to action, duties of coroner. (See CORONER.)

duties with respect to trial jurors. (See TRIAL JURORS.)

duties, on sale under execution. (See SALE UNDER EXECUTION.)

as to sales by sheriff. (See SALE.)

liabilities, duties and proceedings of, in action for chattel. (See ACTION TO
RECOVER A CHATTEL.)

duties of, in executing order of arrest. (See ARREST; BAIL.)

SHERIFF'S JURY:

(See BOND FOR JAIL LIBERTIES.)

mode of trial by, of claim of third person, to property seized under man-
date..

........

3309

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claim of third person, to property attached, may be tried by......
proceedings after, and effect of such trial....

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.....

claim of third person, to property seized under execution, may be tried by............. 1418
proceedings after, and effect of such trial.....

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justice of the peace has no jurisdiction in action for.

action for, cannot be maintained in district court of New York....
id.; in justices' courts of Albany and Troy....
is included in term "personal injury " in this act.
(See LIBEL.)

SOLICITOR. (See ATTORNEY.)

SON:

of surrogate cannot practice as attorney before

SPECIAL ADMINISTRATOR:

provisions as to temporary administrator apply to.........

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application for habeas corpus or certiorari to inquire, etc., may be made to, 2017, 2018
id.; when writ must be granted; penalty for refusing...

2020

SPECIAL COUNTY JUDGE — Continued.

........

when such writ may be granted in another county, returnable before...
when to take bail on certiorari; filing recognizance, etc.
warrant to bring up prisoner about being removed.
application in summary proceedings to recover land may be made to
supplementary proceedings may be instituted before.

......

SECTION.
2023

..........

.2046 2047

2054

2234

2434

...... ....

id.; order in, made by justice of supreme court, may be returnable before, when, 2434
when to act as surrogate....

order of general term for that purpose
how such authority superseded... ............ ............
compensation of, while acting as surrogate

......

.... ......

2484

2488

2489

2493

2494

acts, etc., while so acting; when and how recorded.
may act in surrogate's absence, on petition for discovery of property withheld.. 2709
(See COUNTY JUDGE.)

SPECIAL DEPUTY CLERK:

to be appointed by county clerk...........

SPECIAL GUARDIAN :

to be appointed for infant, on application to sell real estate..

(See GUARDIAN AD LITEM.)

SPECIAL JURY. (See JURY.)

SPECIAL PROCEEDING:

not discontinued by change, vacancy, etc., in judges

when proceeding before one judge may be continued before another
when not to abate..

id; as to, commenced before a judge of superior court of Buffalo or city court
of Brooklyn....

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parties may stipulate to try, elsewhere than at court-house, when.
not to abate by failure or adjournment of court
disability of officer before whom pending; substitution, etc.
powers of judge of superior city court, in.
jurisdiction of common pleas in.....

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..... ....

........ ..............

...... .............. ......

removal of, from county court to supreme court......
such removal not to impair process, etc......
rules of limitation of action, apply to....

.......... ...... ........

89

2352

25

26

755, 757

279

37

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286

292, 293

342

346

414

433

716

815

825

825

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process, etc., for commencing, when served like summons................ ......................
when receiver appointed in, may hold real property..
bond taken in, continues in force after change of parties to...
return or paper in, where to be filed....
order in, where to be entered.....

.............

........

... ...... .... .... ......

.... ...

subpoena for witness in, punishment for disobedience of
witness subpoenaed in, etc., exempted from arrest....
how production of book of account compelled in......
penalty for non-attendance of juror, summoned in..
appeal from final order in, made in same court.

...... ...... ...... ......

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by another court or judge.
intermediate order may be reviewed on............... 1358
limitation of time for..
provisions as to appeal to general term, etc., applied to.. 1360
provisions relating to actions apply to..
to recover real property; when cannot be taken....
misnomer of corporation in, must be pleaded .......
against executor or administrator to be brought in representative capacity..... 1814
prosecuting, in name of another, etc., misdemeanor; action for damages therefor, 1300
transfer of cause of action does not affect its enforcement by a........
by or against unincorporated association; how maintained.........
by or against certain county, town, etc., officers...........

...

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one detained under final order in, not entitled to habeas corpus or certiorari.... 2016
when person becomes party to, for purpose of appeal.....
2038
certiorari cannot issue to review determination by court or judge in a civil...... 2121
not to abate by change of name of a party thereto....
a proceeding supplemental to execution is.
orders in, how reviewed.....

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SPECIAL PROCEEDING-Continued:

SECTION.

presentation of petition is deemed commencement of, in surrogate's court....... 2517
temporary administrator may maintain or defend, how far.

justice of the peace has jurisdiction in, when specially conferred by law
justice must hold court in his town, etc., for trial of
relating to animals straying upon highways.

........

.2672, 2675
2861

.......

....

2868

3082-3115

transfer of, when justice of the peace about to remove, or disqualified, etc., 3150-3152
costs in, in court of record, how awarded....
amount of costs in certain proceedings commenced by State writ, when final
order is made in favor of defendant

provisions of statute as to costs in actions apply to.
fees of jurors in.

.... ....

proceedings rightfully taken in, not affected by this act.

word refers to a civil special proceeding

definition of, as used in the new revision..

......

3240

.3255, 3259

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against executor or administrator. (See EXECUTOR AND ADMINISTRATOR.)
instituted by State writ. (See STATE WRIT; see, also, TITLES TO THE SEVERAL
WRITS.)

in surrogate's court. (See SURROGATE'S COURT.)

in justice's court relative to animal found straying. (See STRAYS.)

SPECIAL SESSIONS, COURTS OF:

are courts not of record....

SPECIAL SURROGATE:

his official designation....

when to discharge duties of surrogate..

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2494

acts, etc., of, when acting as surrogate, where and how recorded..
may act in surrogate's absence, on petition for discovery of property withheld.. 2709

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in action to enforce, appeal does not affect sale, unless security given...
of contract for purchase of land, when directed in action by judment creditor.. 1874
SPECIFICATIONS:

....

in opposition to insolvent's discharge, from his debts; jury trial, etc....... 2168
petition for insolvent's exemption or discharge from arrest...... 2133

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docket, etc., of justice of the peace of adjoining, how proved, etc.
property taken pursuant to statute of, etc., cannot be replevied, unless, etc., 1690, 2919
(See ATTORNEY-GENERAL; PEOPLE OF THE STATE; OFFICER; PUBLIC FUNDS.)

STATE ENGINEER AND SURVEYOR:

may require searches in certain public offices to he made without fee.......... 3290
STATE PAPER:

general rules to be published in
appointment of general terms, special terms, circuits, etc., to be published in..

....

terms of superior city court to be published in....
terms of county court to be published in..........
notice to creditors to exhibit demands, to be published in......
notice of sale of real property under execution, when published in....

...... ....

....

18

226

232, 233

280

356

786

1434

STATE PAPER-

-

Continued:
copy of notice of judgment, in action to annul corporation, must be published in, 1803
notice of object of action by attorney-general to recover real property escheated,
to be published in.

SECTION.

1978

notice of motion to confirm or set aside inquisition on writ for assessment of
damages, to be published in.................

2112

publication of order to show cause on application of insolvent for discharge from
debts, to be in....

2165

publication in, of order to show cause on petition of insolvent debtor for exemp-
tion, etc., from arrest....

2192

........

order to show cause on petition for voluntary dissolution of corporation to be
published in............ ..

2424

when publication of citation, etc., in surrogate's court, ordered in.........2535, 2536
publication may be made in, when proprietor of county newspaper refuses.
proof of such publication what to state

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to have no pecuniary interest in the reports....

contracts for publication of reports to be made under supervision of.
not to obtain copyright for opinions contained in reports.
copyright of head-notes, etc., to be obtained....

distribution of the reports....

duty on expiration of office.

to deposit certain opinions with clerk.

STATE TREASURER:

when must pay for new seal for court....

.. ...... ...... ....

to pay for publishing notice of change of place for holding court.

198

209

....

...

...

210, 211

211

211

212

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expense of publishing appointment of terms and circuits, to be paid by....226, 233
to pay to governor damages assessed by inquisition, etc.... ...
recovery on undertaking in contempt proceedings, when to be paid to.

2115

2290

fees of surrogate for making copies of certain papers for secretary of State, to be
paid by.......

2503

legacy, etc., of unknown person to be paid to; claims thereto.....

2747

may require searches in certain public offices to be made without fee......

3290

STATE TREASURY:

STATE WRITS:

when recovery in action for penalty or forfeiture must be paid into............ 1963

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amount of costs, when final order is made for defendant, in certain proceedings
commenced by.......

....3258, 3259

for provisions applicable to particular writs. (See TITLES OF THOSE WRITS.)

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property taken pursuant to, cannot be replevied, unless, etc..

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action cannot be maintained for penalty for doing act authorized by construction
given to, by general term....

.... ....

STATUTE - Continued:

certiorari; where right to the writ, etc., is conferred by...

SECTION.

21.0

provisions of former, not affected by provisions of this act relating to certiorari, 2147
when increased costs allowed to defendant in action brought for act done under
statute of the State....

rule of common law as to strict construction of, not applicable.

(See PENALTY.)

action for penalty or forfeiture under.
when proceedings to be under former
when Special provisions of, not affected by act.

STAY OF PROCEEDINGS:

....

3255, 3219
3345

.3349, 3332

...3340, 3341, 3349-353

in action against sheriff for an escape, when granted......
to allow motion to remove action into supreme court..
from county to supreme court.

when not to exceed twenty days....

failure to pay costs of motion operates as...
appeal operates as a.....

on appeal from judgment of county court.

order of county court....

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to general term of supreme or superior city court in action there-

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order in special proceedings

......

when proceedings stayed until attorney for plaintiff, in action of ejectment
produces evidence of authority to commence it.

1360

.... 1513

appeal from judgment in action for dower does not operate as, unless the court
so direct....

........

1616

in action by creditor against heirs or devisees, by petition for sale of real estate, 1845
when granted in action by public authority, on people bringing action for same

cause.

appeal from order awarding a mandamus does not operate as.

on an enlargement of time, in mandamus proceedings..

appeal from order awarding writ of prohibition does not operate as....
court may grant stay or enlarge time to make return, etc.
upon issue of writ of certiorari to review, etc......

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....

on certiorari to review, by appeal to court of appeals; effect thereof.
on warrant, or execution for costs, in summary proceedings to recover possession
of land..
2254, 2255, 2261, 2262, 2265
when security required to effect a, on appeal from surrogate's court.... 2578-2581
how far appeal from decree for probate operates as.
appeal from decree revoking probate, or suspending an executor, etc., does not
operate as

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delivery of undertaking on appeal from justice's judgment operates as.
on appeal from order in proceedings relating to strays....

3051

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notes of, may be treated as minutes of judge for certain purposes

1007

for different courts and counties. (See titles of those courts and counties.)
for surrogate's court, in New York and Kings..

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of parties to try action elsewhere than at court house.......

STOCK:

unpaid subscriptions to, when subject to attachment....
shares of, subject to attachment.....

37

646

647

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