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Witness Continued.

when not excused from testifying.

testimony of party at the instance of adverse party, may be rebutted,
swearing; how sworn

when to affirm

false swearing in any form, perjury.

may be examined by court to ascertain capacity, etc..

attendance; mode of serving subpoena; subpoena duces tecum.

disobeying, penalty for

when subpoena is issued by judge, etc.
disobeying, penalty for

defaulting witness, attachment against; warrant..
may be imprisoned by judge, for contumacy, etc.
warrant to commit, contents and execution of.

before justice of the peace, not subject to certain provisions..
exemption from arrest, while obeying subpoena, order, or judgment,

discharge

who may make order discharging
witness may maintain action

837

838

845-851

847

851

850

852

853

854

855

855

856

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may be subpoenaed to attend before referee

1017

deposition of. See Commission; Deposition, etc.

two, required to establish lost or destroyed will.
to will, entitled to share, may bring action..
attendance of, before arbitrators, how procured.

1865

1868

2370

either party may produce, in supplementary proceedings.

2444

not excused from answering, in supplementary proceedings, on ground
that answer tends to conviction for fraud

2460

may be examined on appeal from justice's judgment when justice
dies, etc., before return

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damages in action for slander of, by imputing unchastity

533, 2894

1392

1488

1906

3131

costs in action by working woman in justice's court, Brooklyn.

working women; enforcement of certain judgments, in favor of.. 3167, 3221
costs in district court of New-York....

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when not invalidated by failure or adjournment of court, etc.
of inquiry on failure to reply to counterclaim..
when court may direct, to ascertain damages, etc.
proceedings on, reviewed

44

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Yonkers:

application in summary proceedings to recover land may be made to
city judge of

.......

Yonkers, City Court of:

is a court of record

jurisdiction in civil action

summons, where may be served

jurisdiction of court and judge, how affected by this act.
non-resident may be required to file security for costs in.

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2234

3203, 3204
3205

3206

3268, 3269

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justice of, may act in surrogate's absence, on petition for discovery
of property withheld

new action may be brought in, after answer of title in justice's
court

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2953

actions and special proceedings pending in mayor's court of Hud-
son, and recorders' courts of Utica and Oswego, transferred to, 3197
Surety. See, also, Bail; Bond; Bond for Jail Liberties;
Undertaking.

to undertaking or bond, when one is sufficient.
must justify

when several may justify, in smaller amounts.

811

812

813

may recover his costs of suit, incurred for benefit of principal..... 1916
action against, on official bond. See Official Bond.

of executor, administrator, etc., liability, proceedings to be released,
etc. See Surrogate, etc.

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Gen

arising on foreclosure sale, under judgment, disposition of...
by advertisement, disposition of

and other sales; when paid to surrogate.

disposition of

sale of decedent's real property to pay debts; pending appeal..
disposition of, arising on sale of animals straying, etc..
when owners are separate

Surprise:

relief from judgment, etc., obtained by.

Surrender. See Bail; Bond for Jail Liberties.

Surrogate, and his Court:

is a court of record.....

seal of surrogate to be seal of court..

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certain appeals from, have preference on calendar, when..
surrogate and clerk must search files and certify transcripts..
proceedings in, to procure leave to issue execution after death of
judgment debtor

724

habeas corpus to testify, in proceeding before, by whom issued, 2909-2911
Jurisdiction of the court, and authority of the surrogate:
general jurisdiction of surrogate's court.

in action against executor

1380, 1381

consent of, required before infant can bring action for partition..
to issue letters testamentary, after judgment establishing will.... 1863
action upon official bond of

1825-1827

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jurisdiction always presumed

not lost by defect in record

effect of exercise of

exclusive; what surrogate's court has

concurrent of two or more surrogates' courts.
how affected by locality of debts..

in new or altered county

transfer of proceedings to proper county.

incidental powers of the surrogate..

this chapter applicable to previous wills, etc.

2479

2480

2481

2482

Disqualifications and disabilities of the surrogate, and vacancy in the

office:

who to act as surrogate in case of vacancy or disability.

if surrogate disqualified

in New-York and Kings counties

proof of disqualification, etc..

how authority superseded

proceedings in New-York and Kings counties regulated.

transfer to surrogate's court

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temporary surrogate; when board of supervisors may appoint.

compensation

acts, etc., where and how recorded.

surrogate, special disqualifications

other disqualifications; when obiection must be taken..

Surrogate, and his Court —

Continued.

General duties, etc., of the surrogate:

surrogate and temporary surrogate; their official designation.
when not to be counsel, etc.

2483

2495

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when to attend at his office, etc.

2505

General provisions relating to the court; clerk and stenographers:
books to be kept

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clerk of surrogate's court; how appointed; his powers.
surrogate liable for his acts

2509.

2510

clerk or employee, not to be appraiser, attorney, etc.

2511

stenographer for surrogate's court in New-York and Kings.

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who must be cited; persons constituting a class; rule if some un-
known

2518

citation, contents of

2519

personal service within the State; how long before return.. 2520
substitute for, upon a resident

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infant, etc.; additional requirement in certain cases.

2527

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2528

2528

surrogate's father or son not to practice before him.

2529

special guardian; when to be appointed..

2530

notice of proceedings to appoint.

how citation, order, etc., published..

2531

proof of service of citation, subpoena, etc.

2532

2535, 2536

Pleadings:

written pleadings, when required; when oral suffice..

2533

verification thereof

2534

Payment of money into court; miscellaneous practice regulations:

money, how paid into court and securities taken; how disposed of, 2537
mistakes, omissions, defects, and irregularities.

2538

service of notices and other papers.

2538

discovery of books and papers...

2538

depositions taken and to be used within the State.

2538

taken without the State, for use within the State.

2538

Hearing, including jury trial and reference:

testimony of aged, sick, or infirm witness in surrogate's county,

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when surrogate may direct a reference; referee's powers, etc.

appeal from order thereupon: costs

award of jury trial on reversal in probate cases

Decrees and orders; and the enforcement thereof:
definition of "final order" and "decree

decree settling an account, to contain summary thereof.

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