MITIGATING CIRCUMSTANCES:

may be pleaded and proved in certain actions...

MONEY:

Vol. Sec

.....I, 535, 536

ordered paid, non-payment of, how punishable, where execution
cannot issue.......

current, of the United States, how levied on, etc.
bank bills, bonds, etc., how levied on, etc....

deposit of. See DEPOSIT.

......I,

14

....I, 1410

....I, 1411

action to compel discovery and application of, by judgment cred-
itor. See JUDGMENT CREDITOR.

paid into court. See PAYMENT INTO COURT: SURROGATE AND
HIS COURT, 8.

MONROE COUNTY:

Jail liberties for...

stenographer for county court and sessions in

..I, 145

..I, 361

MORTGAGE OF REAL PROPERTY. See, also, FORECLOSURE OF MORT-
GAGE, ACTION FOR.

docketed.

for purchase-money is superior lien to judgment previously

of exempt homestesd, how far effectual..

.....1, 1254

equity of redemption not to be sold under execution on judg-
ment for mortgage debt.......

.....I, 1404

ejectment will not lie upon.

direction to be indorsed upon such execution..
creditor holding, redemption by, of real property sold under
execution.

made after filing of a petition for voluntary dissolution of cor-
poration, is void.

.....II, 2430

.....11, 1508, 1509

from heir, etc., when not affected by sale, to pay decedent's
debts....

mortgagee of lease, may obtain possession after judgment in
ejectment

.....II, 2777

of real estate of infant, lunatic, etc.; proceedings for. See IN-
FANT; LUNATICS, ETC.

in New-York, may be made to judge, out of court,
hearing of, when transferred to another judge
subsequent, not allowed, after denial of first..
costs of, how collected......

time of notice of.

deposition of witness to be used on, how taken, etc..
for change of place of trial..

for leave to issue execution after death of judgment
provisions as to, in action, apply to proceedings instituted by
State writ...

costs of, how awarded..

amount of costs on; disbursements allowed.

to set aside judgment. See JUDGMENT.

11, 1997

.II, 3236

.11, 3251

to vacate order of arrest; to increase plaintiff's security; and to
reduce bail.

See ARREST.

to vacate, or modify attachment. See ATTACHMENT OF PROP-
ERTY, WARRANT OF.

injunction order. See INJUNCTION.

for new trial. See TRIAL.

MUNICIPAL COURT OF ROCHESTER. See ROCHESTER, MUNICIPAL
COURT OF THE CITY OF.

NAME:

N.

Vol. Sec.

fictitious party whose name is unknown may be designated by, 1, 471

who is unknown may be designated by..

action for suing in another's; also a misdemeanor...

treble, etc., damages recoverable..

I. 41

certiorari or habeas corpus, etc., to be obeyed though directed il

wrong...

direction of, to board, body, etc...

application for change of, where made.

in Buffalo and Brooklyn..

petition

order..

by an infant..

order to be published: papers to be recorded..
when new name to be assumed

action not to abate, etc.; amendment

return, etc., to secretary of State, publication.

when defendant may be designated by fictitious, in justice's

sunimons

of this Code..

NE EXEAT:

writ of, abolished

NEGLECT:

to prosecute action, dismissal of complaint for..

NEGLIGENCE:

1, 821, 82

limitation of action for personal injury resulting from.............L SI
action for causing death by, when it lies, proceedings......1, 1902-1904
NEGOTIABLE PAPER. See BILLS OF EXCHANGE AND PROMISSORY
NOTES.

action upon lost.....

NEW MATTER. See ANSWER; COUNTERCLAIM; REPLY.

NEW TRIAL. See TRIAL.

--------II, 1917, 1918

in action for real property, when granted, after trial....
after judgment by default, etc.......
disabilities not to form a part of time for.
evidence on...

on appeal from Justice of the peace. See JUSTICE OF THE PEACE
AND HIS COURT.

when granted in action to determine claim to real property..... 146
in surrogate's court and on appeal....

NEW-YORK:

Judge of court of record in, may continue proceedings com-
menced before another judge of same court..

courts in, change of place for holding..

none but attorneys to practice

attendants, how appointed..

Jail for civil prisoners in, to remain the same....

stenographers for circuits and over and terminer in.............I. 251-253
personal service of summons in action against city..

designation of other judges to hold terms of supreme court;
their powers; may act after expiration of .

certain actions relating to, have preference on calendar............ I, 791
calendar practice in.....

1,794, 799, 977

service of papers through branch post-office.
..I, 801
notice of sale of real property in; how published
II, 1678
rule of construction as to special provisions relating to............II, 3341
superior city courts in. See NEW-YORK, COMMON PLEAS, ETC.;
NEW-YORK, SUPERIOR COURT, ETC.

other local courts in. See NEW-YORK, DISTRICT COURTS, ETC.;
NEW-YORK, GENERAL SESSIONS; NEW-YORK, MARINE COURT,

ETC.

trial jurors in'; commissioner of jurors in................ ....I, 1079-1125
NEW-YORK, COURT OF COMMON PLEAS, FOR THE CITY AND COUNTY OF.
See, also, SUPERIOR CITY COURTS.

is a court of record

proceedings before one judge may be continued before another. 1,
attendants upon......

2

26

Jurisdiction

93

clerk must appoint deputy.

..1, 263-266,

286

may correct or discharge certain Judgments..

.I, 284

consists of six judges; chief Judge..

may remit a fine or forfeited recognizance.
may entertain any special proceeding cognizable by a county
court....

.I, 286

.I, 286

.I, 286

application of insolvent for discharge from debts.

imprisonment

clerk may appoinst special deputies and assistants; their com-
pensation

stenographers for; appointment, duties, fees, etc....
Judges to appoint crier; his compensation

.....II, 2188
for discharge of judgment debtor imprisoned on execution..II, 2201
clerk of, to make annual return to secretary of State, of all
changes of name..
supplementary proceedings may be instituted before judge of...II, 2434
may exercise powers of surrogate, in case of disability of that

......II, 2418

officer.....
..II, 2486-2491
sugplementary proceedings, on decree of surrogate's court....11, 2554
when Jury trial awarded in, on reversal of surrogate's decree..11, 2588
appeal to, from general term of N. Y. marine court... ...II, 3191, 3192
within what time; where heard....

determination, how enforced; order for new trial..
court of appeals..

removal of cause to, from district court of New-York.
clerk of, must account for, and pay over, fees...

is included among superior city courts

NEW-YORK, DISTRICT COURTS OF THE CITY OF:

are courts not of record........

appeal to court of appeals, in a cause commenced therein...
habeas corpus to testify before, may be issued.
summary proceedings to recover land.

proceedings when title to real property is in question..

effect of this upon proceedings, etc..

action, how commenced; arrest; attachment; replevin...II, 3209-3211

.II, 3207
.II, 3208

..II, 3212

11, 3213

.II, 3214

.11, 3215

.II, 3216

NEW-YORK, DISTRICT COURTS OF THE CITY OF - Continued.

order of arrest may be granted; proceedings...
requisites of certain undertakings...

Vol. Sec.
II. 17-3203
•II, 3219

docketing judgments; execution thereupon.
enforcement of judgment in favor of working woman; costs...

II, 3.29
11, 321, 3223

NEW-YORK, MARINE COURT OF THE CITY OF. See MARINE COURT.

NEW-YORK, SUPERIOR COURT OF THE CITY OF. See, also, SUPERIO
CITY COURTS.

is a court of record

proceedings before one judge of, may be continued before an-

other

attendants

general jurisdiction

consists of six judges; chief-judge.

clerk may appoint special deputies and assistants; their compen
sation....

stenographers for; appointment, duties, fees, etc.
Judges to appoint crier; his compensation...
clerk of, must account for and pay over fees.
is included among superior city courts

NEXT OF KIN:

definition of, as used in certain sections......

chapter on surrogates' courts.....

action by creditor, against decedent's next of kin, etc.
CEDENT'S ESTATE.

NIAGARA COUNTY:

T

stenographer for county court and court of sessions in....... F
NON-RESIDENT:

attorneys and counsellors, certain, may practice In the State ...L
when action against, may be brought in superior city court..... 3
action against, limitation on, if barred by law of his residence, L 30
publication of summons..

attachment of property; Judgment, how enforced.......L, 636, 74
service of papers on clerk, for.

place where may be compelled to attend for examination, before
trial, etc....

........

.1. ག་
11. 2476–2078
Jurisdiction of surrogate's court over estate of.....
surrogate must transmit will, letters, etc., to secretary of State, 11, 243
executor, being non-resident, may act without bond, when....1, 3
letters testamentary, etc., to, when revoked without citation, 11, 21
provisions as to testamentary trustees apply to will made by..., 29
appointment of general guardian for infant, who is....

in action before justice of the peace, may be arrested...

attachment against

of New-York city, who deemed, in marine court.
may be required to file security for costs.....

NONSUIT:

.11, 2:46
...11, 3.50

plaintiff cannot submit to, after cause submitted to jury...1, 1182

NOTARY PUBLIC:

oaths may be taken before..

certificate of protest, etc., when evidence.................................
original protest, etc., when evidence....

.1. 642

I, 923
............ 921

795

977

NOTE, PROMISSORY:

action upon lost.

NOTICE:

Vol. Sec.

......11, 1917, 1918

See, also, PROMISSORY NOTE.

53

of substitution of officer, in special proceeding...
may be served, instead of copy complaint in certain actions.....1, 419
of application for injunction order, when required.............I, 605, 609
of attachment of real property, to be filed; requisites of..........I, 649
of application to discharge attachment..

of attachment of real property; cancellation of
of application for receiver, in an action.....

of payment into court of amount tendered, etc.
of acceptance of offer of judgment

of motion, time of......

time for publication of, how computed..
mode of service of......

publication of, where no newspaper in county
of trial, service of...

party serving may bring cause to trial

of sale of personal property

defendant in default, when entitled to.......

of object of action to unknown defendants in partition..
to creditors, on reference in partition, to be published.
of application for moneys in court, in partitíon..

of sale of real property....

..I, 689,
.....I, 711
....1, 714

696

....1, 732

.1, 738, 739
....I, 780
1, 787

..I, 796-802
.1, 826

..I, 977

.1, 1434, 11, 1678
of nature of action to be given with summons in matrimonial
actions

......II, 1774

by defendant, of demand of return of chattel, in action for chat-
tel....
..II, 1725
of object of action by people, to recover property escheated....II, 1978
to creditors, of application for discharge of imprisonment on
execution....

when service cannot be made within the State
when the State is a creditor

JI, 2265

..II, 2206

to quit, before application in summary proceedings to recover
land....

..II, 2207

...II, 2236

.....11, 2237

by neighbor upon landlord, etc., of bawdy house, in summary
proceedings to recover land.....
foreclosure by advertisement, how published and posted, etc.,
of application for surplus moneys
.....II, 2406
publication of notice to creditors by temporary administrator, 11, 2673
required, in surrogate's court; how given...

II, 2388-2390

..II, 2681

of sale of real property for payment of decedent's debts..........11, 2772
of arrest of defendant in justice's court must be given to plaint-

.........II. 2897-2899

in.
penalty for taking down, etc., notice of sale on execution, in
Justice's court...

of object of action, contents and effect of..
of no personal claim, contents and effect of........
to be published with summons.

of object of action, to be published or served on unknown de-
fendant in partition..

..II, 1541

to be published when action is brought by people to recover
real property escheated or forfeited....

NOTICE OF PENDENCY OF ACTION:

.......II, 1978

Judgment relates to filing, in action for real property...............II, 1526
in partition...

..II, 1557

in action to determine claim to real property...........11, 1645, 1646
in foreclosure, when to be filed; contents of; effect, etc..11, 1631-1632
in action relating to real property, to be filed by plaintiff; effect,

II, 1670-1671