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.

...... ....

....

3240
3258, 3259

3279

proceedings rightfully taken in, not affected by this act.
word refers to a civil special proceeding.
definition of, as used in the new revision..
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.)

acts, etc., of, when acting as surrogate, where and how recorded.

3

2483

2484

2488

2489

2493

2494

may act in surrogate's absence, on petition for discovery of property withheld.. 2709

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.
petition for insolvent's exemption or discharge from arrest

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 be made without fee.......... 3290
STATE PAPER:

....

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

STATE PAPER- Continued:

SECTION.

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

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..... 3293
proof of such publication what to state.....

....

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.

expense of publishing appointment of terms and circuits, to be paid by....226, 233
to pay to governor damages assessed by inquisition, etc....

2115

recovery on undertaking in contempt proceedings, when to be paid to.

2990

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

2303

legacy, etc., of unknown person to be paid to; claims thereto.....
may require searches in certain public offices to be made without fee

2747

3230

STATE TREASURY:

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

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

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

property taken pursuant to, cannot be replevied, unless, etc..
action cannot be maintained for penalty for doing act authorized by construction
given to, by general term....

.....1690, 2919

1961

STATUTE

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

SECTION.

2120

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....

when proceedings to be under former

when special provisions of, not affected by act.

STAY OF PROCEEDINGS:

rule of common law as to strict construction of, not applicable.
action for penalty or forfeiture under. (See PENALTY.)

..3258, 3259
3345

170

272

345

775

779

1310

1341

1342

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....

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

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

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

1360

1513

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.

1970

appeal from order awarding a mandamus does not operate as.
on an enlargement of time, in mandamus proceedings.

2087

2089

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

2101

2102

2131

upon issue of writ of certiorari to review, etc......

.....

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....

...

2145
2254, 2255, 2261, 2262, 2265
2578-2581

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

....

(See, also, APPEAL; INJUNCTION; UNDERTAKING.)

STENOGRAPHER:

qualifications of; oath..

duties of; notes to be taken..

notes; how preserved...

when security required to effect a, on appeal from surrogate's court....
how far appeal from decree for probate operates as.
appeal from decree revoking probate, or suspending an executor, etc., does not
operate as

2582

to furnish gratuitous copies to judge.

to whom to furnish copies; compensation for

foregoing applicable to assistant stenographer

fees and expenses of, to be a county charge

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..

STOCKHOLDER:

SECTION.

of moneyed corporation or banking association, limitation of action against..... 394
validity of meetings here of stockholders of foreign corporations
when may bring action to dissolve corporation....

1779
1788

of corporation may be joined as defendants, in action against corporation; when, 1790
when separate action may be brought against..
proceedings in either of two last-named actions
officers, etc., may be compelled to testify.

1791

1792-1796

1805

when entitled to bring action in name of attorney-general.
misnomer of co-defendant not available as defence in action against

1808

....

1813

to be served with order to show cause on application for voluntary dissolution
of corporation................

2425

(See, also, DISSOLUTION OF CORPORATION.)

STRAYS:

action before justice of the peace against persons suffering animals to stray.
penalties to be recovered,...

decision in favor of petitioner; warrant to sell; execution thereof.

3091

id.; stay of proceedings and delivery of possession, when appeal taken by
claimant....

where several animals are trespassing, damages are entire; proceedings in such

cases.

3109

.....

proceedings in other cases, where there are different owners

3110

surplus, where there are different owners....

3111

when one action, etc., supersedes any other..

rights of officer when private person fails to prosecute.......

person having a special property deemed owner.

agent may act for his principal.....

STREET COMMISSIONER:

may seize animals running at large.

papers to be filed; controversy thereupon becomes action...
proceedings on, regulated; trial, judgment, etc...........

SUBPOENA:

(See ARBITRATION.)

courts of record may issue..

from New York marine court, may be served, where..

how served on witness; fees to be paid

penalty for disobedience to.....

how issued and served in hearing before arbitrator, referee, etc.

penalty for disobedience to, in special cases..

1279

for witness on deposition, by consent...

SUBPOENA-

Continued:
issued by justice of the peace, excepted from certain of foregoing provisions....
duces tecum, records not to be removed by virtue of, etc..

book of account, production of, not compellable by
to produce books or papers of corporation....
served on corporation or public officer, how obeyed.

to be used on motion.

......

to be used without the State

penalties for disobedience to such.

(See, also, WITNESS.)

surrogate may issue on application for letters of administration..

in or out of court..

proof of service of citation or subpœna, in surrogate's court..

SECTION.

859

866

867

868

869

879

885

when justice of the peace may issue.

2969

id.; service thereof...

2970

id.; how penalty imposed and collected.

by justice of the peace; penalty for default.

2974

.2975-2978

witness refusing to obey, liable for damages.

2979

commissioners to take testimony on commission granted by justice, may issue.. 2984

may be issued in blank, by justice of the peace....

3135

service of, issued from mayor's court of Hudson, or recorder's court of Utica, or
Oswego.

3201

SUBSTITUTED SERVICE:

2240

2521

of precept, in summary proceedings to recover possession of land..
citation in surrogate's court, upon resident...
(See JUDGMENT; SERVICE; SUMMONS.)

defendant in place of sheriff, in certain actions in attachment cases...
party does not invalidate bond or undertaking.
indemnitors, in action against officer for levy, etc., when and how made, 1421-1427
parties on appeal. (See APPEAL.)

plaintiff in partition, when court may order.....
successor of officer, after death, etc., pending action, etc.
party on appeal from surrogate's court, in case of death.

SUCCESSOR:

when may be substituted in action against public officer.
on revocation of letters, surrogate may appoint...
power of........

....

to executor or administrator, when to be appointed..
testamentary trustee, appointment of

guardian appointed by will or deed, appointment of.

SUFFOLK COUNTY:

stenographer for supreme court, county court, etc., in....

SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF REAL

PROPERTY:

when tenant may be removed by.

persons holding over, after land sold, etc., may be removed by.
removal of person in case of forcible entry and detainer....

application in, to whom made; id., in certain incorporated villages.

2231