CHAPTER 522 § 1. Chapter one hundred and seventy-eight of the laws of eighteen hundred and eighty, entitled "An act supplemental to the Code of Civil Procedure," shall not be printed or published for the use of the State, or of any State department, or State officer, or otherwise in any manner, at the expense of the State, except in the volumes containing the laws of this session of the Legislature, to be printed and published as prescribed by law; nor shall it be printed or published in any newspaper at the expense of the State, or of any county, but the same and the sections amended by said act, and also any other acts which may be passed at this session amending the same, shall be printed and published in a separate volume of the session laws, which shall contain no other laws. The said supplemental act shall be separately indexed at the end of the said volume, but the other act or acts in the said volume shall not be indexed. L. 1881, CH. 40. AN ACT in relation to surrogates' courts. Passed March 18, 1881. §1. When an appeal shall be or has been been taken after the first day of September, eighteen hundred and eighty, from any order, decree or determination made or rendered in a surrogate's court, in any matter or proceeding commenced before the first day of September, eighteen hundred and eighty, the said appeal shall be heard upon a case to be made and settled, as provided by section two thousand five hundred and seventy-six of the Code of Civil Procedure; but if on any such appeal taken before the passage of this act the case has been made and settled, or the appeal perfected according to and in conformity with the laws and practice regulating appeals from orders, sentences or decrees of surrogates' courts in force in the state on the thirty-first day of August, eighteen hundred and eighty, then such appeals and settlement of the case thereon shall be valid and such appeals shall be heard and decided in conformity to the laws and practice regulating appeals from orders, sentences and decrees of surrogates' courts in force in this state on the thirty-first day of August, eighteen hundred and eighty. § 2. This act shall take effect immediately. 733 GENERAL LAWS REPEALED. Chap. 96, L. 1854. Repealed by chap. 945, L. 1895. [To take effect January 1, 1896.] Chap. 57, L. 1874. Repealed by chap. 946, L. 1895. [To take effect January 1, 1896.] Chap. 219, L. 1883. Repealed by chap. 946, L. 1895. [To take effect January 1, 1896.] Chap. 242, L. 1888. Repealed by chap. 946, L. 1895. [To take effect January 1, 1896.] Chap. 243, L. 1888. Repealed by chap. 946, L. 1895. [To take effect January 1, 1896.] GENERAL LAW AS TO PENDING PROCEEDINGS IN CERTAIN COURTS. All actions and proceedings pending in the superior court of the city of New York, the court of common pleas for the city and county of New York, the superior court of Buffalo, the city court of Brooklyn, the circuit courts and court of oyer and terminer in the several counties of this state, on the first day of January, eighteen hundred and ninety-six, are hereby transferred to the supreme court for hearing and determination by said court, in the several counties in which said courts in which said actions and proceedings shall then be pending, have heretofore existed, and all actions and proceedings pending in the court of sessions in the several counties of this state, except the county of New York, are hereby transferred to the county courts in the several counties in which said actions and proceedings shall then be pending. § 3, chap. 946, L. 1895. [To take effect January 1, 1896.] §§ 94, 232, 262, 793, 1836 and 2342, were also amended by chap. 946 of 1895, but the respective amendments by chaps. 724, 376, 580, 410, 595 and 746 prevailed by force of § 4, chap. 946 of 1895. 734 A. ABANDONMENT. (See SEPARATION, ACTION FOR.) not produced by vacancy in judges....... failure or adjournment of court.. 756 757 758 when one of several parties dies 764 784 ...... id.; action to be divided, after death of party, when, etc. 1736 ... 2417 ABBREVIATIONS: what allowed..................... INDEX. .... ACADEMY: .... .... ...... .... of offer to liquidate damages. (See OFFER.) of judgment. (See OFFER.) of negotiable paper. (See NOTARY.) ...... .... .... ...... ... ...... .... ... SECTION. ....... ABSENCE: from the State, effect of, on limitation of action...... .391, 401 ... .......... 2619 id.; proof of handwriting of testator, when admitted................ 2651 ABSENTEE: for temporary administration upon estate of absentee. (See ADMINISTRATOR, ...... ...... what provisions not applicable to. ... or select school, incorporated by regents, title as to voluntary dissolution of cor- ...... 25 44 755 22 ACCEPTANCE: by plaintiff of offer of compromise made by defendant in action in justice's court, 2892 1804 2431 ACCOUNT: of money in custody of clerk of court of appeals.......... ... ...... ...... ...... .... how pleaded; demand of copy of.......... of highway commissioner, or trustee of school district, execution collected on ...... used in chapter on surrogate's court.. ............ ....... ............. ...... .... ....... .... ...... ...... ...... ...... ...... .... what fees are to be accounted for by officer.... ... ...... decree settling, in surrogate's court, must contain summary thereof.. when justice of the peace has not jurisdiction in action on... id.; as to clerks of certain courts of New York and Brooklyn. .... .... ...... .. .... .... ... ...... ACCOUNTS OF EXECUTORS AND ADMINISTRATORS: successor...... .... .... creditor, etc., not cited, may contest.... .... executor whose letters have been revoked may petition; proceedings. ... ...... account of executor, etc., may at any time be ordered filed . id.; when specific property may be delivered...... ...... ...... ...... ...... fees paid for recording will to be allowed on.. 2606 2690 additional allowance on, settlement of..... 2691 ...... ...... .... 2727 .. when surrogate may require judicial settlement of account. 2723 2729 2730 2731 752, ...... SECTION. ...... ...... ...... ...... ...... .... .... 867 1013 1118 1133, 1162 ...... .... ... ... 331 386 531 753 ... .... .... 2514 2551 2863 2941 2942 2950 3223 3283 3118 3284 3285 3286 2732 2733 2734 2735 2735 2736 2737 2741 2742 2743 2744 2745 ACCOUNTS OF EXECUTORS, ETC.—Continued: .............. legacy, etc., to unknown person to be paid into State treasury ..... .......... ACCOUNT OF GUARDIAN: 2835 .......... .... ...... ...... ..... .... 2842 2843 2844 2845 2847 judicial settlement of account may be allowed on his own petition. ...... ...... ...... ..... 2848 ...... ...... 2849 2850 2850 2855 2855 2856 2856 .. decree of surrogate; effect thereof. ...... ...... ...... ...... .... ...... ...... .... ........ .... ...... ... ........ ..... ...... ................ .... .... when surrogate. may compel judicial settlement of account of guardian by .... ...... ...... ...... ...... ........ ... .... ...... ...... ........ ........ ..... justice of the marine court of New York may take..... ACCOUNT OF TESTAMENTARY TRUSTEE : intermediate accounting by testamentary trustee, when voluntary .... judicial settlement of account of testamentary trustee, how compelled.. id.; certain provisions as to settlement of executor's accounts made applicable ...... ...... .... ...... ...... ........ .............. ..... ........... .... .......... .... .... ...... ........ ...... .... 326 376 395 810 ........ .... ACTION: not discontinued by change, vacancy, etc., in judges....... trial of, once commenced, may be continued beyond term. .... ...... ..... ..... 2811 ... ...... ...... .... SECTION. 2747 2748 ...... .... .... ... ............ .......... . 2753 2802 2803 2807 2808, 2809 2810 ...... ..... .... .... ....... ........ ...... ...... ... ......... ...... .... 45 55 65 386 398-400 414 414 416 456 25 |