INDEX OF FORMS.

The numbers refer to the sections of the Code of Civil Procedure.]

Writ of certiorari, 2022.

Writ of habeas corpus, 2021.

Insolvent debtor's affidavit, 2163, 2191.

Imprisoned debtor's affidavit, 2204.

Juror's oath before justice of the peace, 2998.

Witness's oath before justice of the peace, 3000.

Constable's oath in justice's court, 3006.

Of actions at law and suits in equity are abolished, 3339. [646]

INDEX.

[The zumbers refer to the sections of the Code of Civil Procedure.]

A.

ABANDONMENT-of action, 821, 822; of appeal, 1296–1299.
ABATEMENT-none by vacancy in judges' office, etc. 25.
failure or adjournment of court, 44.

if cause of action survives, 755.

on death or marriage, 761, 762.

by death after verdict, etc. 764.

by death of public officer, trustee, etc. 766.

of appeal, 1297, 1299.

of action of ejectment, 1521.

id.; action to be divided, after death of party, when, etc. 1522, 1523.

and revival of action for chattel, 1736.

of action by executor or administrator, 1828.

action, etc., not to abate on account of change of name of defendant; amend-
ment, etc. 2417.

ABBREVIATIONS-in process, etc. 22.

ABSENCE-effect on limitations of actions, 391, 401.
designation of person on whom to serve summons, 430.

ground for service by publication, etc. 435, 438.

for attachment, 636.

presumption of death, 841.

of witness to will must be accounted for, before testimony dispensed with, on
probate of will, 2619.

id.; proof of handwriting of testator, when admitted, 2620.

testimony taken upon probate of will may be used on hearing for revocation of
probate, when witness absent from the State, 2651.

ABSENTEE-temporary administrator for, 2668. (See ADMINISTRATOR, TEMPO-
RARY, 2668.)

ACCOUNT-when cause of action accrues on, 386.

how pleaded; demand of copy of, 531.

discovery and inspection of, 803-809.

subpœna duces tecum, 867.

reference, 1013.

of sale, etc., of real estate of infants, etc. 2361.

"judicial settlement of," and "intermediate," in surrogate's court, 2514.

decree settling, in surrogate's court, 2551.

when justice of the peace has jurisdiction in action on, 2863.

pleading in action on account in justice's court, 2941.

party may be compelled to exhibit, in such court, 2942.

Judgment in justice's court when accounts exceed $400, 2950.

action in justices' courts of Albany and Troy, when accounts exceed $400, 3223.
clerk of court of appeals to render account of fees, 3283.

td.; as to justice of the peace in Brooklyn, 3118.

ACCOUNT-continued.

id.; as to clerks of certain courts ef New York and Brooklyn, 3284.

id.; as to certain county clerks and registers, 3285.

what fees are to be accounted for by officer, 3286.

ACCOUNT OF TESTAMENTARY TRUSTEE-intermediate accounting by, 2802.

id.; when, may be compulsory, 2803.

judicial settlement of, how compelled, 2807.

id.; who may apply therefor; proceedings thereupon, 2808, 2809.

id.; on petition of such trustee, 2810.

id.; certain provisions as to settlement of, 2811.

ACCOUNT OF GUARDIAN-settlement of, may be ailowed; voluntary, 2830.
ward or new guardian may require, 2837.

to be made and filed yearly in surrogate's office, 2842.

affidavit to be annexed thereto, 2843.

must be annually examined by surrogate, 2844.

proceedings when such account, etc., defective, 2845.

when judicial settlement of, may be compelled, 2847.
id.; as to guardian of person, 2848.

when guardian may compel settlement of, 2849.

citation and proceedings thereupon, 2850.

certain provisions relative to, 2850.

appointed by will or deed, intermediate, may be required, 2855.

affidavit thereto; examination thereof; proceedings when defective, 2855.
when surrogate may compel settlement of, by deed or will, 2856.

proceedings thereon, same as when guardian appointed by surrogate, 2956.
effect of decree for such settlement, 2857.

ACCOUNT OF EXECUTOR OR ADMINISTRATOR, SETTLEMENT OF-addi-
tional allowance on, 2562.

by executor or deceased executor, 2606.

application for settlement of, on petition of executor, etc. 2689.
proceedings thereupon, 2690.

neglect to appear on citation ground for revocation of letters, 2691.
decree on, when may award relief, 2721.

intermediate accounting, when voluntary, 2722.

id.; when compulsory, 2723.

when surrogate may require settlement of account, 2724, 2725.

who may apply for accounting; citation thereupon, 2726.

order to account; supplemental citation, 2727.

person cited may bring in other parties; proceedings thereupon, 2728.
executor, etc., may petition for settlement; citation thereupon, 2729.
hearing, 2730.

creditor, etc., not cited, may contest, 2731.

executor whose letters have been revoked may petition, 2732.
affidavit to be annexed to account, 2733.

vouchers to be produced; proceedings in case of lost voucher, 2734.
accounting party to be examined, etc. 2735.

account of executor, etc., may at any time be ordered filed, 2735.
compensation of several executors or administrators, 2736.
when compensation not allowed, 2737.

one compensation allowed on different letters, 2738.

surrogate may determine certain claims; hearing of contest, 2739.
effect of the statute of limitations on such claims, 2740.

surrogate may allow for property lost, etc. 2741.

effect of judicial settlement of account, 2742.

decree for payment and distribution, 2743.

id.; when specific property may be delivered, 2744.
id.; when money may be retained, 2745.

id. share of infant, 2746.

legacy, etc., to unknown person; claims themto, 2747.
when legacy, etc., to be paid to county treasurer, 2748.
executor, etc., may be compelled to render account, 2753.

ACKNOWLEDGMENT-under statute of limitations, 376, 395.
of bond or undertaking, 810.

when evidence, 935-937.

of assignment of judgment, 1262.

ACTIONS--not abated by vacancy in judge's office, 25.
stipulation to try elsewhere than at court-house, when, 87,
coxtinuing trial beyond term, 45.

when deemed conimenced, 398-400, 417.

ACTIONS-continued.

consolidation, 817-819.

severance of, 456, 511, 1205, 1220.

on undertaking given on injunction, 625.

on undertaking given on appeal, 1309.

to recover attached property, etc. 655, 677, 680.

time for commencement or continuance cannot be extended, 784.

against one or more defendants after several judgment against others, 1205.

to recover property levied upon, 1420.

to recover back purchase price of execution sale, 1479, 1480.

not allowed on mortgage debt, except, etc. 1628-1630.

for money only, not affected by provisions as to nuisance, 1663.

against guardian, etc., holding over, etc.; damages therein, 1664.

for real property, when infant may maintain, 1686.

on undertaking in action for chattel, when maintainable, 1733.

for suing, etc., in name of another, 1900.

for causing death by negligence may be brought by executor, 1902.
for slander of a woman by imputing unchastity, 1906.

when, for libel cannot be maintained, 1907-1908.

by transferee of claim, 1909.

upon judgment regulated, 1913.

ancillary, for discovery abolished, 1914.

upon a penal bond, 1915.

by surety or trustee, to recover costs, 1916.

upon lost negotiable paper, 1917, 1918.

by tax payer, against a public officer, 1925.

by and against certain county, town, and municipal officers, 1926-1931.
to charge joint debtors not personally served with summons, 1937-1941.
composition by one joint debtor; effect of, etc. 1942-1944.
against persons engaged in transporting passengers, etc. 1945.
may be maintained against partner, not joined as defendant in, 1946.
certiorari cannot issue to court of record or judge thereof, 2121.
for damages by person dispossessed by summary proceedings, 2263.
by person wrongfully evicted from real property, 2318.

to compel conveyance of real property of lunatic, infant, etc. 2345-2347.
against party revoking, to recover costs, etc., of arbitration, 2384, 2385.
on undertaking on appeal from surrogate's court, when not brought, 2575.
on bond of executor, etc., for money received in any capacity, 2596-2609.
temporary administrator, how far may maintain or defend, 2675,

time of pendency of, between creditor and executor, etc., extended, 2751.
for reimbursement from after-discovered property, after sale, etc. 2801.
definition of, as used in the new revision, 3333.

division of actions into civil and criminal, 3335.
definition of criminal action, 3336.

id.; of civil action, 3337.

parties to civil action how styled, 3338.

distinction between actions at law and suits in equity abolished, 3339.

application of provisions concerning commencement of action, 3347, 3348.
proceedings rightfully taken in, not affected by this act, 3352.

by or against unincorporated association. (See ASSOCIATION.)

by or against corporation. (See CORPORATION.)

for proceedings, etc., in action for divorce and for separation. (See DIVORCE ;
SEPARATION.)

for proceedings, etc., in action to annul marriage. (See MARRIAGE.)

pendency of. (See NOTICE OF PENDENCY OF ACTION.)

in behalf of the people. (See PEOPLE OF THE STATE; ATTORNEY-GENERAL.)
for public funds converted. (See PUBLIC FUNDS.)

to establish wills. (See WILL.)

against next of kin, heirs, etc., of deceased debtor. (See CREDITOR.)

ACTION FOR A CHATTEL-certain writs abolished, 1688.

when, may be maintained, 1689.

when cannot be maintained, 1690.

second, cannot be maintained after judgment against plaintiff, etc. 1691.
when, may be maintained by assignee, 1692.

jurisdiction, etc., when replevin precedes summons, 1693.

when plaintiff in, may require sheriff to replevy, 1694.

requisites of affidavit for replevin, in, 1695, 1696.
id.; where several chattels are to be replevied, 1697.
provision where part only of chattels is replevied, 1698.
requisites of plaintiff's undertaking for replevin, 1699.
duty of sheriff in replevying chattel, 1700.

ACTION FOR A CHATTEL-continued.

how chattel to be taken from building, in, 1701.

replevied chattel, how kept; sheriff's fees, how taxed, etc. 1702.
when defendant may except to sureties; proceedings thereon, 1703.
when defendant may reclaim chattel; proceedings thereupon, 1704.
sureties in undertaking, when and how to justify, 1705.
when and to whom sheriff must deliver chattel, in, 1706.
penalty for wrong delivery by sheriff, in, 1707.
undertaking in, to whom to be delivered, 1708.

claim of title by third person; proceedings thereupon, 1709.
action against sheriff on such claim of title, 1710.

indemnity to sheriff against such action, 1711.

when agent, attorney, etc., may make affidavit in, 1712.

second and subsequent replevin; proceedings thereupon, 1713. replevin in, when order of arrest granted, 1714.

return by sheriff after replevin, in, 1715, 1716.

replevin papers to form part of judgment-roll in, 1717. action not affected by failure to replevy, 1718.

when and how plaintiff may abandon his claim in part, 1719. title how stated in pleading, in, 1720.

wrongful taking or detention how stated in complaint, 1721. damages when chattel injured by defendant, 1722.

answer putting plaintiff's title in issue in, 1723.

answer that chattel was distrained doing damage, 1724.
defendant in, may demand judgment for return, 1725.
verdict, etc., in, what to state, 1726.

substitute in certain cases for finding of value in, 1727.
verdict, etc., for part of several chattels; judgment, 1728.
damages how ascertained on default, in, 1729.
final judgment in; docketing, etc. 1730.

execution in; contents thereof, etc. 1731.

sheriff's power to take chattel in such execution, 1732.

action on undertaking in, when maintainable, 1733.

sheriff's return is presumptive evidence in such action, 1734.

injury, etc., no defence to such action, except, etc. 1735.

abatement and revival of, 1736,

action for chattel forfeited by statute, 1893.

when plaintiff entitled to costs, of course, in, 3228.

when defendant entitled to costs, of course, in such action, 3229. when increased cost allowed to defendant, 3258, 3259.

costs allowed on settlement of such action, 3260.

application of provisions concerning, after July 1, 1879, 3347.

ACTION IN JUSTICE'S COURT, GENERALLY-jurisdiction of, 2861-2869. on bond given by third person on claim to property attached, 2913. when defendant in such action, maintain action on such bond, 2914.

on undertaking in action for chattel; evidence therein, 2931.

when cannot be maintained for cause constituting a counterclaim, 2947, 2948. new, to be brought, after answer of title, 2953.

when may be maintained to recover costs paid on answer of title, 2954.

for damages against defaulting witness, 2979.

on judgment against joint debtors, 3021.

may be maintained to recover back costs, wrongfully collected, 3081. against person suffering, etc., animals to stray, 3082.

fees and cost in, amount of, 3322-3328.

(See, also, FEES.)

by owner of animal wilfully set at large, 3099.

by petitioner and by officer in such case, 3100.

how and by whom action for seizing animal maintainable, 8108.

transfer of, to another justice when justice disqualified, etc. 8150-8152.

for false imprisonment against sheriff, refusing to discharge debtor, 3035.

against constable for not returning execution, etc. 3039.

d.; for failure to pay over money collected, etc. 3041.

application of provisions as to courts of record, to N. Y. marine court, 3159. ransfer of, pending in local courts, to supreme court, 3197.

county court may remove to itself such local actions, when, 3200.

Jurisdiction of city court of Yonkers, in civil actions, 3203, 3204.

provisional remedies in New York district courts, and justices' courts of Albany and Troy, 3210.

ACTION FOR A CHATTEL, IN JUSTICES' COURT-jurisdiction, 2802. when action for a chattel may be brought, 2919.

plaintiff may procure replevin; affidavit and undertaking, 2900.