-

COUNTY COURT

Continued.

Vol. Sec.

may entertain application of guardian, etc., to agree to parti.
tion.

district-attorney must render account to..
petition of insolvent for discharge from his debts must be pre-

.............................II, 1590
.II, 1968

sented to......

......II, 2150

may exempt or discharge insolvent debtor from imprisonment, 1, 2188
application for discharge of judgment debtor imprisoned on exe-
cution........

......II, 2201
may appoint trustee for the care of prisoner's property during
imprisonment..

.II, 2219
jurisdiction of, over person and property of lunatic, etc............II, 2320
duty of such court exercising such jurisdiction...
...II, 2321
application for change of name may be made to.
....11, 2410, 2411
new action may be brought in, after plea of title in justice's
court.

.....II, 2953
appeal from judgment of justice of the peace. See JUSTICE OF
THE PEACE AND HIS COURT.

provisions of Code relating to general terms, etc., of courts,
how applied to.

...............................II, 3343

COUNTY JUDGE. See, also, COUNTY COURT.

may appoint temporary court-house.

43

may issue warrant for witness before sheriff's jury, and tax fees
on the trial.......

.............I,

I, 108, 109
to perform duties of justice of supreme court at chambers.......I, 24L
may make order in superior city court.......
..........I, 277
has same powers as justice of supreme court..
.........I, 348, 349
may make order in county court of another county...................I, 354
to appoint terms of county court....
power to grant provisional remedy. See ARREST; ATTACHMENT,
ETC.; INJUNCTION.

...........1, 355

ex parte order, out of court, may be made by
order made by, by whom reviewed.........
may order discharge of witness arrested
grant order to take deposition, when......
commission, when

.............................................................................I. 862

..........I, 872
.........I, 889

issue subpoena for witness, on deposition to be used without
the State.

to attend drawing of trial jurors.

........................................I, 915, 917
.......................I, 1044, 1046

may order additional jurors to be drawn for term of county

court or sessions....

COUNTY TREASURER:

................I, 1056
juror to attend term on particular day
...........................................I, 1060
may issue habeas corpus to testify, when...
.......II, 2009-2011
habeas corpus or certiorari to inquire, etc., application for, II, 2017

2018

money in court, paid over to, etc..

powers of, in relation to......

transfer of securities for, upon death,
accounts of.......

may issue without application

penalty for refusing, etc., to issue..

may issue warrant proceedings thereon....................II, 2054-2057
take bail pending appeal.,

summary proceedings to recover land; application
when to grant order staying warrant,
supplementary proceedings, may entertain.....

when based on decree of surrogate's court.........
when acting as surrogate, compensation of..

acts and proceedings before, where recorded.....
may direct order of business....

to report annually to court....
court may compel further security from

..I, 772, 773
.........I 774

11, 2554
...II, 2493
.......II, 2494
......II, 2506

--

COUNTY TREASURER

Continued.

Tul. Se..

district-attorney to pay over moneys collected, to.... ....................II, 1967
to receive money paid into surrogate's court, and securities....II, 2537
when may apply for order appointing temporary adminis-

trator...

.......................II, 2670

action upon official bond of. See OFFICIAL BOND.
fees of (See, also, FEES).

.......................................................II, 3321

-

COURT OF APPEALS. See, also, APPEAL.

is a court of record.....

general rule or order of, to be published..................................................... ................................I. 18
seal of, to remain the same

27

.......I, 38, 39
46

governor may change place for holding.
judge of, may decide cause, though he has not heard argument,I,
rules of, as to admission of attorneys and counsellors, how
changed, etc...........................................................................................

jurisdiction of..

appeals from certain orders, heard as motions
may make rules of practice, and for admission of attorneys and
counsellors.

murrer

papers to be transmitted to clerk of, on appeal....
appeal to, may be taken, in what cases.....

limitation of time for.................................
security to perfect.....

COURT-HOUSE:

Judgment or order of, to be remitted to court below..................I, 194
absolute, when to be rendered, etc.....

....I, 194

cause, where placed on calendar, in second and subsequent ap
peals.....
terms, times and places of holding ...........

may be held in any building; adjournments.......
may appoint, etc., clerk, reporter and attendants............
clerk to take oath and execute bond..................................

.....I, 195
.....I, 196
...........I, 197
.....I, 198
........I, 199
........... I, 199

office of, where kept ....

to appoint a deputy and assistants; their powers.........I, 200, 201
is successor of clerk of former court
............I, 202
custody of money, etc., by, regulated.
....I, 202-208
may allow amendment or new pleading, after decision of de-

............I, 497
I, 1315
.............................I, 1324
................................I, 1325
.I. 1326
......................................I, 1327-1331

stay execution on..
from judgment or order of affirmance, security on.....
....I, 1332
foregoing provisions, as to security, not to apply to certain

cases.......

............I, 193

......1, 1333
general rules as to the sufficiency of undertakings............I, 1334
exception to sureties in undertaking on; justification.......I, 1335
from final judgment rendered after interlocutory Judgment

affirmed, or new trial denied...

what questions brought up for review on........

.........................................1, 1336, 1350

.....................................................I, 1337

review of questions of fact on; presumption, etc......I, 1337, 1338
case, when required on.....
reporter of. See STATE REPORTER.
amount of costs on appeal to.....

............................................................I, 1339

sale of liquors in, prohibited..

.....1, 32,

trial elswhere than at, may be by stipulation, in non-jury

causes

.......................1,

• when county judge to appoint temporary................ ...........................................I,
terms of courts to be held at..........

COURTS-Continued.

sittings of, are public, except, etc.............................................................
not to sit on Sunday, except, etc.

adjournment of, on Saturday, to be to what day.
writs, process, etc., of, requisites of.........
seals of. (See, also, SEAL)..........................................................................
adjournments of.

.....I,

...I, 27-30

change of place for holding,

...I, 34-36
.....I, 38-43

abatement not produced by failure or adjournment of...............I, 44
Judges not to practice....... ............
attendants on.......

.........................I, 49

****I, 93-98

Vol. Sea

....I,

....I, 6

...I, 6

22

what, included in expression "body or officer," in provisions as
to certiorari to review, etc

........II, 2146
punishment of misconduct occurring at a term of the circuit.11, 2298
jurisdiction of. See titles of the several courts.

Justice's court of Albany. See ALBANY, JUSTICE'S COURT OF.
Justice's court of Troy. See TROY, JUSTICE'S COURT OF.

marine court of New-York. See NEW-YORK, MARINE COURT,

ETC.

district court of New-York. See NEW-YORK, DISTRIct Court,

ETC.

county. See COUNTY COURT.

municipal, of Rochester. See ROCHESTER, MUNICIPAL COURT,

ETC.

city court of Yonkers. See YONKERS, CITY COURT OF.

recorder's court, Oswego. See OSWEGO, RECORDER'S Court of.
Utica. See UTICA, RECORDER'S COURT OF.

mayor's court of Hudson. See HUDSON, ETC.

of a justice of the peace. See JUSTICE OF THE PEACE, AND HIS
COURT.

of a surrogate. See Sur OGATI, AND HIS COURT.

COURTS NOT OF RECORD:

enumeration of.....

limitation of action on judgment of..
attempt to bring action in, when deemed commencement of
action........

COURTS OF RECORD:

enumeration of..

may issue subpoenas and administer oaths.

make new process and forms of proceedings
punishment for criminal contempt, when..

officers and others, for misconduct, etc...........................
general rules of practice in, how made......
certain, may order calendars printed...........
teste, form, and return of process in.....
seals of, to continue the same......
rooms, fuel, etc., for, how furnished..
adjournment of..

............I, 400

..I, 19,

.......I, 22-24
.......I,
.......I,

...I, 34-36, 41-44

31

when governor may change place for holding......................I, 38, 39
when judges may change place for holding......................I, 40, 42, 43
trial in, when continued beyond term..

Judge of, to file certificate of age, etc..

admission to practice in

.......I, 45
..........I, 54
..........I, 56-60
..........1,

sheriff to notify constables to attend certain...........
officer of, when privileged from arrest...................................................................................... 563

97

COURTS OF RECORD - Continued.

Vol. Sec.

......I, 803

certain, may direct discovery of books and papers
when and how many trial jurors to be drawn for......I, 1042, 1098, 1140
powers of, over dockets of their judgments kept by county

clerk

.............................I, 1269

See, also, the tittles of the several courts.

CREDITOR:

when action by, lies against debtor's next of kin, etc...............II, 1837
such action may be joint or several

....II, 1838

neglect of, to present claim to executor does not impair right to

such action...

II, 1837

in such joint action, recovery and costs to be apportioned.......II, 1839
amount of recovery when such action is several.
requisites to recovery against legatee in such action..

against preferred legatee...

...II, 1840
...II, 1841
...II, 1842
......II, 1843
.II, 1844
stay of

.II, 1845
..II, 1846
..II, 1847
.II, 1848
..II, 1849
....II, 1850
..II, 1851
..II, 1852

.II, 1853
.II, 1854
classification of debts to be enforced by such action
....II, 1855
defence to such action by reason of other equal or prior claims, II, 1856
when such claim is paid..

.....II, 1857
action against heir or devisee not suspended by infancy.
.....II, 1858
these provisions not applicable when will charges real prop-

erty......

........II, 1859
one action where same person is heir and devisee, etc.
......II, 1860
penalty upon, for swearing falsely in proceedings for insolvent's
discharge

...II, 2159

may notify debtor to apply for his discharge from imprisonment
on execution
.....II, 2216
may apply for appointment of trustee of property of criminal
during imprisonment..
......11, 2220-2222
order to show cause, in proceedings for voluntary dissolution of
corporation, to be served upon ...

...II, 2425

notice to, of motion for appointment of receiver in supplement-
ary proceedings

.........II, 2465
rights of, under extension of former receivership..
.........II, 2466
notice to, must be published by temporary administrator.........II, 2673
citation to, on application for ancillary letters testamentary or

of administration.....

......II, 2698
may compel return of inventory by executor, etc........
......11, 2715
may petition surrogate's court to compel payment of debt......11, 2717
may be cited to attend settlement of exécutor's, etc., account,
II, 2729, 2731
may apply for disposition of real estate of decedent for payment
of debts, etc...
.......II, 2750, 2751
notice of pendency of action, filed in action between creditor
and executor, effect of
.......II, 2751
not cited may contest settlement of account of testamentary
trustee, etc........

definition of judgment creditor.

definition of judgment creditor's action....

action by judgment creditor. See JUDGMENT CREDITOR.

liability of heirs and devisees for debt of decedent.
when action to enforce such liability may be brought
effect of application to sell real property on such action;
proceedings..

action by, against heirs or devisees, must be joint......
recovery in such action to be apportioned...
requisites to recovery by, against heirs..

against devisees

deduction from debt for prior recoveries
complaint in such action must describe land.

judgment in such action to be satisfied out of land...
when not a lien on land aliened....

how taken when land aliened

.........II, 2810
.........II, 3343
II, 3343

CRIER:

of court, not to practice as attorney........................................

how appointed..........

sheriff or constable, when to act as.....
to attend general term of supreme court....
See, also, the titles of the several courts.

CRIME:

...................I, 67 69

attorney guilty of, suspension or removal of......
limitation of action, etc., how affected by imprisonment for......
I, 375, 396, 1291
conviction for, does not exclude witness, in civil or criminal

cause....................

...........I, 832

CRIMINAL:

prosecution not to affect or delay civil action......
habeas corpus to bring up prisoner to testify..
provisions as to certiorari in civil cases not applicable in crim-

....II, 1899
...II, 2008, 2014

inal cases...

Vol. Sec.
........I, 62
.....I, 91, 291
..........I. 92
........I, 242

......II, 2148
imprisoned, may be required to file security for costs...............II, 3268
definition of "criminal action"
..........II, 3336
punishment, for crime under Code of Civil Procedure.. .........II, 3346
proceedings for review of criminal cause, not affected by this

Code..

care of property of, during imprisonment. See PRISONER.

...II, 3347

CRIMINAL ACTION:

trial of, when commenced may be continued beyond term .......I, 45
pleading in civil action cannot be used as evidence in ...............I, 523
preferred to civil action on calendar.....................................................................................I, 790
pending without state, etc........
defined

.....................................I, 914-920
.................................................II, 3336
....................................................II, 3347

review of proceedings in...............

CRIMINAL CONTEMPT. See Contempt.

CRIMINAL CONVERSATION:

5

court may exclude public from trials for..........................................................I.
competency of husband or wife, as witnesses...........................I, 831
no jurisdiction in justices' courts of action for.................................

district court of New-York.....

justices' courts of Albany and Troy.............

.....II, 2863
........................................................................................................ II, 3215
.........................................II, 3223
included in term "personal injury" in this Code................... II, 343

DAMAGES:

CURTESY:

tenant by. See ESTATE.
CUSTODY:

of prisoner, pending appeal in habeas corpus, until bail is
given....

.................II, 2063

surrogate may direct as to custody of property when co-execu
tors, etc., disagree........

...................................II, 2602

D.

action for, limitation of.....

defence of mitigating circumstances................................

.........................................I, 382-385
...................................I, 535, 536
arrest..
..I, 549, 550
sustained by injunction, how ascertained.....................I, 617, 623, 624
motion for new trial for excessive, etc.................................I, 999, 1002
jury to assess, in actions for money...
.1, 1183

single, only, to be found, when increase allowed.....................................I, 1020, 1184
rate of, to be recovered in action......

..............................................................I, 1208