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§ 3016. Where a verdict, or the decision of the justice upon a trial without a jury, is rendered in favor of either party for a sum of money, the prevailing party may remit any portion thereof, and take judgment for the residue.
8 3017. [Am'd 1894.] A justice of the peace who renders a judgment, except in an action to recover a chattel, must, upon the application of the party in whose favor the judgment was rendered, and the payment of the fee therefor, deliver to him a transcript of the judgment. The county clerk of the county in which the judgment was rendered must,upon the presentation of the transcript and payment of the fee therefor, if within six years after the rendering there. of, indorse thereupon the date of its receipt, file it in his of fice and docket the judgment as of the time of the receipt of the transcript in the book kept by him for that purpose, as prescribed in article third, title first of chapter el-ven of this act. Thenceforth the judgment is deemed a judgment of the county court of that county, and must be enforced accordingly; except that an execution can be issued thereupon only by the county clerk, as prescribed in section thirty hundred and forty-three of this act, and that the judg ment is not a lien upon, and can not be enforced against, real property, unless it is for twenty-five dollars or more, exclusive of costs.
§ 3018. If the action, in which the judgment is rendered, is one of the actions specified in subdivision first or second, of section two thousand eight hundred and ninetyfive of this act, or if an order of arrest was granted, and was executed, in a case specified in subdivision third of that section, and, in either case, if the defendant is a male person, the justice must insert, in each transcript given by him, as prescribed in the last section, the words, ** defendant liable to execution against his person"; and a like note must also be made in the docket of the judgment, made by the county clerk.
§ 3019. A justice of the peace, who renders judgment for a chattel, which has been delivered to the unsuccessful party, or for the value thereof, in case a return thereof can. not be had, must, where the value exceeds twenty-five dollars, upon the application of the party in whose favor the judgment was rendered, and payment of the fee therefor, deliver to him a transcript of the judgment, stating the particulars thereof. The county clerk of the county, in which the judgment was rendered, must, upon the presentą. tion of the transcript, and payment of the fees therefor, indorse thereupon the date of its receipt, file it in his office. and docket the judgment, as of the time of the receipt of the transcript, in the book kept by him for that purpose, as prescribed in article third of title first of chapter eleventh of this act, and must also enter in the docket the particu lars of the judgment, as stated in the transcript of the jus tice. Thenceforth the judgment is deemed a judgment of the county court of that county, and must be enforced
§ 2654. [Am'd 1892.] Where a person, seized in fee of real property within the State, dies intestate, or without having devised his real property to specific persons, his heirs, or any of them, or any person deriving title from or through such heirs, or any of them may present to the sur rogate's court which has acquired jurisdiction of the estate, or, if no surrogate's court has acquired such jurisdiction, then to the surrogate's court of the county where the real property or any part thereof, is situated, a written etition, duly verified, describing the real property, setting forth the facts upon which the jurisdiction of the court depends, aud the interest or share of the petitioner, and of each other heir of the decedent, in the real property, and praying for a decree establishing the right of inheritance thereto, and that all the heirs of the decedent may be cited to attend the probate of that right. Upon the presentation of such a petition, the surrogate must issue a citation accordingly.
$ 2655. The citation must set forth the name of the decedent and of the petitioner; the interest or share which the petitione claims; and a brief description of the real
property. Any heir of the decedent, who has not been cited, may nevertheless appear at the hearing; and thereby make himself a party to the special proceeding. But this section does not affect a right or interest of such a person unless he becomes a party.
§ 2656. Upon the return of the citation, the surrogate must hear the allegations and proofs of the parties. If it appears that there is a coutest, respecting the heirship of a party, or respecting the share to which a party is entitled, as an heir of the decedent, the surrogate must dismiss the proceedings. If there is no such contest, he must inquire into the facts and circumstances of the case. The petitioner must establish, by satisfactory evidence, the fact of the decedent's death; the place of his residence at the time of his death; his intestacy, either generally, or as to the real property in question; the number of heirs entitled to inherit the property in question: the name, age, residence, and relationship to the decedent, of each; and the interest or share of each in the property. The surrogate, where these facts are established, must make a decree, describing the property, and declaring that the right of inheritance thereto has been established to his satisfaction, in accordance with the facts, which must be recited in the decree.
§ 2657. An exemplified copy of a decree, made as prescribed in the last section, and of the proofs taken thereupon, may be recorded in the office of the clerk, or of the register, as the case requires, of each county in which the real property is situated, as prescribed by law for recording a deed, and, from the time when the exemplifications are so recorded, the decree, or the record there of, is presumptive evidence of the facts so declared to be established thereby.
§ 2658. Any person, other than a party to a special proceeding, instituted as prescribed in this article, or the heir, devisee or assignee of such a party, may, at any time within ten years after a decree establishing the right of inheritance is made therein, present to the court a written petition, duly verified, showing that he has a right, title, or interest in the real property, or a part thereof, which is injuriously affected by the decree; stating that the decree is erroneous in some material particular, specified therein; and praying that the decree may be set aside or modified in that particular, and that all the persons, whose heirship was established by the decree, may be cited to show cause, why the prayer of the petition should not be granted. If an heir has since died, or has conveyed the share or interest so established, by a deed duly recorded in the county, the petition must state that fact, and must pray that the persons, who have succeeded to his interest, may be also cited. Upon