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SURROGATES' COURTS-continued.

successor may be appointed, and may compel accounting, etc..
accounting by executor, etc., of deceased executor....

when bond may be prosecuted..

successor may prosecute official bond..

action on official bond when no successor appointed

application of this article to executors, etc., heretofore appointed.
probate of wills and grant of letters thereupon

revocation of probate

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temporary administration.

aid, supervision and control of executor or administrator.....
liability of person unauthorized to act as executor

proceedings to discover property withheld

revocation of letters testamentary and letters of administration....
foreign wills; ancillary letters.

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order; service of citation; officers who may act in surro-
gate's absence.

examination and decree...................

security to prevent decree...

warrant to seize property.

inventory; appointment of appraisers and appraisal..

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return of, how compelled.

sale of personal property..

debts; ascertainment of..

44 payment of....

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rents, annuities and dividends; how apportioned...
legacies; payment of..

petition to compel payment of.

" decree for payment on giving security..

exempt property; proceedings for neglect to set apart,....

accounting and settlement of estate...

disposition of decedent's real property for payment of debts and funeral

expenses and distribution of proceeds..

testamentary trustee

-supervision and control, accounting..

guardians-appointment, removal and resignation of general.

46 -appointed by will or deed

SURVEY-

when may be ordered in pendin; action affecting real property.
order directing, contents and service.

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SYRACUSE, MUNICIPAL COURT OF THE CITY OF (established by L. 1892, c. 342).

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281-441

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TAVERN KEEPER-

cannot act as justice of peace

TAXATION OF COSTS GENERALLY

costs; how taxed

notice of taxation..

retaxation

review of taxation

allowance, etc.; how computed

duty of taxing officer.

affidavit respecting disbursements..

taxation in foreclosure of mortgage by advertisement.

time to serve notice of in city court of New York..

3272

3264

896

243

8161

TAXATION OF COSTS IN JUSTICES' COURTS

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TAXES-

to be paid by officer selling in partition, dower and foreclosure.......
TAX PAYER'S ACTION-

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when time to run for or against the estate.

2682

application of ti.is chapter to collectors, etc., heretofore appointed.

2883

settlement of account; when may be required

2725

TEMPORARY GUARDIAN-

appointment of

term of office

TEMPORARY INJUNCTION-

Sce IN UNCTION.

in action to dissolve corporation

1787

TEMPORARY JAIS AND TEMPORARY REMOVAL OF PRISONERS FROM JAIL.. 135–144
TEMPORARY SURROGATE.......

2492

2927

2328

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report of referce.

2306

2807

2308

petitioner to give notice of its execution..

dismissal of petition when order complied with

when life-tenant deemed dead, and petitioner let into possession.

commission to be issued if life-tenant is without the state..

general provisions respecting the commission...

execution thereof

proceedings on return of commission.
costs.

property; when restored..

remedy of erson cvicted for profits, etc..
order not conclusive in ejectment...

TENDER-

after suit.

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1506-1508

3342

by what law governed..

2691

TESTAMENTARY GUARDIAN..

2851-2860

TESTAMENTARY TRUSTEE IN SURROGATES' COURTS-

defined with reference to chapter on surrogates' courts..

2514

when decree directing payment to creditor, etc., evidence of assets..

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TESTAMENTARY TRUSTEE IN SURROGATES' COURTS-continued.

judicial settlement on petition of trustee.

certain provisions relative to accountings.

surrogate to determine controversies; proportion may be retained.

SECTIONS

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effect of decree....

2813

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appointment of successor..

2-18

proceedings where testamentary trustee is also executor or administrator.. 2919

application of this title..

2820

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claim by to goods attached.

.108, 106
657-650

claim of, to property levied upon under an execution, and how dis
posed of...

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evidence in actions for injury to unoccupied lands and to timber thereon

960

copy of affidavit to be served
relief, after time has expired..
when time cannot be extended.

784,

time for publication of notice; how computed..
time for doing any act; how computed...

of receipt of execution to be indorsed thereupon

1363

extension of to plead in action against corporation on promissory note, etc.

1778

how reckoned upon successive letters in surrogate's court..
for service of notices in city court of New York..

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when code of civil procedure deemed to have been passed.
id.; when takes effect

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3356

enforce contribution..

TITLE-

remedies for failure of title to real property sold under execution, and to

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1479-1488

.1524, 1526

1720

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1723

2628

3212

2951-9958

certificate for increased costs in actions affecting..

of Albany and Troy.

3212

8248

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justice interested in, when not to sit in action affecting.......
TOWN CLERK-

TRANSCRIPTS OF JUSTICES JUDGMENTS-

how proved..

docketing.

execution on judgment docketed with county clerk.

TRANSFER-

934

948-951

.3017-3028

3013

proceedings upon death or disability of a party or transfer of interest....753–706
Beanlyn AsIGNMENT, KEMOVAL.

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in action by adverse party for improperly suing in another's name.

1184

1901

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order of trial, where issues of law and of fact arise in the same action.
but court may direct the order, etc., of disposition of the issues.
what issues of fact are triable by a jury..

64

order for trial by jury, of specific questions of fact, when of right..
id; when discretionary

are triable by the court..

trial of the remainder of the issues.

counterclaim to be deemed an action, within the foregoing sections..
immaterial issues need not be tried.

SECTIONE

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963

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what issues to be tried before one judge; regulation of trial in the supreme
court..

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certain actions to be tried, where the subject thereof is situated.

other actions, where the cause thereof arose.

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place of trial, if proper county not designated...

defendant may demand change; proceedings thereupon.
when court may change the place of trial..

effect of changing the place of trial.

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985

986

987

933

989

990

991

exceptions, case, and motion for new trial..

992-1007

what rulings may be excepted to...

992

refusal of court or referee, to find upon facts may be excepted to..

993

when and how exceptions may be taken, after close of trial by court or
referee..

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motion for new trial upon judge's minutes; appeal from order thereupon.
when and how exceptions, taken upon a jury trial, heard at general term..
motion for new trial at general term, when trial was by court or referce...
when motion for new trial to be made at special term; restrictions there-
upon..

application of this article to trials of specific questions by jury; special
provisions applicable thereto....

1002

999

1000

1001

1003

motion for new hearing, after trial of specific questions by a referee.
final judgment, etc., not stayed, by motion for a new trial; motion may
heard afterwards..

1001

be

1005

when exception not to prejudice motion for new trial.

1003

notes of stenographer may be treated as minutes of the judge..

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TRIAL BY JUF-continued.

formation; new jury may be drawn while first is impaneled..
talesmen, when may be ordered procured.
sheriff interested; substitute to be appointed for...
duty of sheriff and of talesmen..

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trial to be as prescribed in code.

alien not entled to jury composed in part of aliens.
venire not necessary.

juror not to be questioned for verdict.

taking gift penalty therefor..

embracery; penalty therefor..

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special proceeding; penalty for juror's non-attendance in.

.....

SECTIONS

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sheriff, etc, to keep jury in..

1196

notice of imposition of fine.

119

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special return of delinquency and fine to county court 1199
collection or remission of fine......

1199

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how reviewed

2548

motion for new trial..

2548

verdict..

2548

See also JURY TRIAL.

TRIAL JURORS GENERALLY-

appeal from order on motion for new trial 2549

defined..

3343

id.; as to trial jury.

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"notify" as used with respect to procuring attendance of a juror defined.. 8843
id.; as to "summon".

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mode of selecting, drawing and procuring attendance in ordinary cases..1035-1062
struck and foreign jury....

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TRIAL JURORS IN JUSTICES' COURTS............................................................................................ 2990-2999
fine for non-attendance

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clerk of court to certify to commissioner as to attendance, fines, etc..

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See also §§ 1190-1199, containing provisions generally applicable.
TRIAL JURORS IN NEW YORK COUNTY

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military officers to certify persons doing military duty......... 1083

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