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EXCEPTION

SEOTIONS
when not to prejudice motion for new trial..

1008
upon trial in Burrogates' courts..

2515
See also CASE AND EXCEPTIONS.
EXECUTION GENERALLY..

.1362 1388
to whom directed; provision where sheriff is a party..

1362
time of receipt to be indorsed thereupon

1363
detinition and classification

1364
to what counties may issue.......

1365
requisites in general...

1366
when issued on filing transcript from justices' court.

1367
for collection of money.

1368
against property.

1369
where warrant of attachment has been levied.

1370
against executor, etc....

1371
against the person

1372
requisites for delivery of property ; money recovered by same judgment,
how collected....

1378
separate executions where separate sums awarded

1374
executions of course, within tive years..

1375
after death of judgment creditor.

1376
when can be issued after five years

1377
leave to issue ; motion for..

1378
decedent; when can be issued against..

.1379-1381
stay; when not reckoned

1382
surviving judgment debtors; execution against..

1383
sale ; when and how conducted..

1384
penalty for taking down or defacing notice of

1385
validity of; when not affected by sheriff's default..

1386
sheriff, under a heriff and deputy sheriff not to purchase at...

1387
under sheriff ; when to enforce execution...

1388
See also JUSTICES OF THE PEACE ; COURTS or.
AXECUTION AGAINST PROPERTY-
to issue to sheriff who has levied under attachment.

706
where warrant of attachinent was levied.....

708
final judgment; when not enforceable by.

1240
confession of judgment; execution upon

1276-1277
property exempt from levy and sale..

1389-1404
lien of execution upon personal property, dery upon and sale of personal
property, righis of indemnitors of sherit

1405-1429
real property; sale, redemption and conveyance of, rights and liabilities
of persons interested...

1242-1241, 1430-1478
real property; remedies for failure of title to; and to enforce contribution 1479-1486
when execution against property must first issue before execution against
person.....

1489
new execution after escape

1492
when not to issue against municipal officer

1931
against executor or administrator

.1825-1827, 1829
See also JUSTICES OF THE PEACE; COURtg or.
EXECUTION AGAINST JOINT DEBTORS.

.1934, 1935
EXECUTION AGAINST PEOPLE..

1395
EXECUTIONS IN DISTRICT COURTS OF NEW YORK CITY

3220
EXECUTION IN REPLEVIN-
requisites .....

1731
sheriil's powers under..

1732
action on undertaking lot maintainable till return of.

1733
sheriil's return as evidence..

1734
EXECUTION AGAINST THE PERSON.

.1487-1495
in what cases may be issued..

1487
id.; against a woman..

1488
when execution against property must be first issued.

1489
simultaneous executions not allowed against property and person,

1490
id.; when debtor has been taken

1491
new execution may issue after escape ...

1492
id.; when debtor dies charged in execution.

1493
id.; when creditor discharges debtor after thirty days.

1494
new execution not to be enforced against real property sold, eto...

1495
city court of New York ; when may relieve from imprisonment

3103
See also JUSTICES OF THE PEACE ; COURTS OF.

EXECUTOA

SEOTIONS
execution against property in hands of.

1871
may sue in justices' courts.

9903
actions by or against executors or administrators

1814 1835
to be brought in representative capacity.

1814
when personal and representative causes of action may be joined

1515
id.; separate dockets and executions..

1816
regulations, when some of the executors, etc., are not summoned.

1817
executors who have not qualified, not necessary parties.

1818
action by legatee, etc., against executor, etc.

1819
id.; by infants ; guardian's bond....

1890
when action barred by judgment against heir, etc.

1891
limitation of action by creditor on claim rejected, etc

1822
decedent's real property not bound by judgment against executor.

1823
want of assets not to be pleaded by executor, etc.

IN
leave to issue execution against executor, etc..

18,5
id.; how procured ; order ; and contents thereof.

1896
security may be required from a legatee ..

1861
actions, etc., when not to abate

1828
execution on former judgment.

IN
action against executor, etc., who has been superseded.

180
false pleading by executor, etc..

1831
when inventory may be contradicted.

1832
Hlability for uncollected demands.

1633
the last two sections qualified.

1834
costs; how awarded...

1835
id.; when awarded.

1835
when receiver appointed as successor of surviving executor

189
when decree lirecting payment to creditor, etc., evidence of assets

2532
oath of before issuance rt letters

2564
deposit of secnrities to reduce penalty of bond

2395
liability of, for money or other property received
removal for failure to give new bond

20.99
surrogate may direct custody or deposit on disagreement of

2612
action upon bond of upon return of execution.
successor may prosecute official bond..

2808
action on official bond when no successor appointed.

2609
persons incompetent to serve as..

2612
supplementary letters....

2613
executor not named in letters not to act.

2613
liability of person unauthorized to act as

2706
proceedings to discover property withheld.

2707
order; service of citation; oficers who may act in surro-
gate's absence.....

2708
procoeedings; examination and decree.

2709
security to prevent decree..

2710
warrant to seize property

2710
inventory; appointment of appraisers and appraisal.

2711
assets; what to be deemed.

2712
exemption for widow and children..

2713
contents of inventory..

2714
return of .....

2716
return of how compelled...

2716
sale of personal property..

2717
debts; ascertainment of..

2718
payment of

2719
rents; annuities and dividends; how apportioned.

2720
legacies, payment of....

2721
petition to compel payment of.

2732
decreo for payment on giving security...

2723
exempt property; proceedings for neglect to set apart..

2724
commissions .......

2780
claims for or against may be determined upon accounting.

2739
effect of statute of limitations upon claims.....

2.40
Seo also ACCOUNTINGS IN BURBOGATES' COURTS, LETTERS TESTAMENTARY,

etc., SURROGATES' COURTS,
EXEOUTOR DE SON TORT-
liability of person acting as..

2706
EXEMPLIFICATION-

SEE DOCUMENTARY EVIDENCE.
EXEMPTION FROM ARREST-

of insolvent debtor and discharge from imprisonment.... ...2188-2199
EXEMPTION FROM JURY DUTY-

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INDEX.

XXXV

SECTIONS
EXEMPTION FROM LEVY AND SALE UNDER EXECUTION......

1389-1404
SEE EXECUTION AGAINST PROPERTY.
EXEMPT PROPERTY
for widow and children of deceased's property,.

2713
proceedings for neglect to set apart..

27:24
compelling executor or exemption provided for in decree on accounting. 2724
from execution in justices'courts..

3028
EXOXERATION OF Bail.

.591-601
See ARREST.
EX PARTE AFFIDAVIT-
not to be received in justices' courts except on consent...

3004
EXPECTED PARTY-
esamination before trial.

870-886
EXPRESS COMPANY
service of summons upon in justices' courts..

2881, 2882
EXTENSION OF TIME..

780-785
to plead in action against corporation upou promissory note

1778
EXTORTION-
penalty for.....

3282
Fact-
when issue of, arises

964
trial by jury of specific questions of.

.970, 971
questions of, reviewed on appeal to court of appeals.

1338
FALSE CERTIFICATE-
penalty for physician in Kings county giving false certificate to enable
juror to evade duty..

1161
id., in New York county.

1120
FEDERAL PROCESS-
sheriff to receive prisoner committed under.

133
FEES; GENERAL PROVISIONS RELATIVE TO.

.3280-3295
judgment; when not to demand.

51
party prosecuting as poor person not liable for

461
taking fees not prescribed oy law, prohibited..

3280
id.; for services not renuered, except, etc.

8281
penalty for extortion..

3282
clerk of court of appeals to account for and pay over fees.

3283
id.; clerks of superior city courts in New York and Brooklyn..

3284
id. ; certain county clerks and registers,

8285
general provision as to fees, etc., to be accounted for

3236
fees of certain officers to be taxed upon demand.

3287
parties, attorneys, etc., when not allowed fces.

3288
no fee for administering certain official oaths...

9289
certain searches to be gratuitous.

8230
officer, etc., may charge fee paid for oath, postage, etc.

3291
id.; his fecs, etc., to be paid b.fore reqnired to tranemit paper..

8292
provision where printers in county refuse to publish....

3298
affidavit of refusal to publish, etc...

3294
comptrollor to audit certain charges.
FEES; SUMS ALLOWED AS....

3296-3332
arbitrators' fees

2371
foreclosun by advertisement; fees in

2102
feeg in surrogates' courts..

25650567
referee's feea generally.

8296
id.; upon rales of real property,

397
fee for oaths and acknowledgements
surveyors' and commissioners' fees, in action for partition or dower, etc.. 8299
feeg ct the clerk of the court of appeals

3300
clerk's fees in civil actions generally

3301
the last section qualities

3302
clerk's fees upon naturalization

3308
fees of county clerke generally,

8301
certain provisions not affected by the last section

3303
Pety of register and other clerks.

3308
sheriff's fees...

8307
the last section qualified.

3308
id.; how collected

8309
coroner's fees.

3910
stenographer'g fees for copies of notis.

3311
compensation of constables attending courts.

8312
er of trial jurors.

3313
supervisors may make allowance to grand and trial jurors.

3314
id.; extra pay upon protracted trials.

8315
jurors' fees is special proceedings....

8316

3295

8298
FEES; SUMS ALLOWED AS continued.

LOTIOya fees of printers....

83!; witnesses fees generally. id.; on deposition to be used in another state..

3319 receiver's commissions fees oi county treasurer and chamberlain of N. Y fees of a justice of the peace.. constable's fees. id.; atidavit upon claim for travel fees..

SI justices' court, fees upon a commission.

835 id.; juror's fees.. id.; witnesses' fees. id.: fees to be paid before services rendered. id.; by whom fees to be paid,

35 certain special provisions excepted from this title.

30 provisious as to change in fees.. this title applies to civil cases only..

$ See also COMMISSIONS. FEIGNED Issues-abolished

Song FELONY

attorney convicted of, may be stricken from ron..

copy of charges to be served... FICTITIOUS NAME

when defendant may be designated by.. FINAL ACCOUNTING IN SURROGATES' COURTS. FINAL JUDGMENTdefined

19 dismissing complaint; when does not prevent new action..

1:19 what reviewed on appeal from..

13:6 appeal from to court of appeals after affirmance of interlocutory judgment

or denial of new trial. in what can * appeal from to general term authorized

1310 appeal to general term from, after affirmance of interlocutory judgment or denial of new trial.

1330 See also JUDGMENT. FINAL ORDER -in surrogate's court defined.......

2550 FINDINGS

refusal of court or referee to find may be excepted to. requests for, on trial by court or referee....

upon trials in surrogates' courts.... FINE ; ACTION TO RECOVER

1981-156 FINE ; PROCEEDINGS TO COLLECT

1293-11 clerk to make schedule of fines imposed.. warrant to be issued by him.

2.34 id.; when delinquent resides in another county. execution of warrant.

28 return thereof..... proceedings if fine not collected

2013 who to be included in schedule. liability of sheriff. application of this title.

2301 FINES AND PENALTIESremission of in county courte

.350-353 imposed by justice of peace; how remitted.

333 FINES OF DELINQUENT JURONSin New York county, power of judge to remit.

1103 proceedings to remit or enforce.

1113. uncollected may be docketed and enforced as judgments.

1117 commissioner to receive; his account.

1115 corporation to prosecute for..

1119 in special proceedings,

119.-1199 FINES OF DELINQUENT JURORSin Kings county; court of record may impose..

1152 enforcement and remission of.

1154 commissioner to collect and make return

1155 or docketed and enforced as judgments..

1116 in special prçoeedings....

1197-1143

66

HTRE

SEOTIONS
designation of another jail in case of...

135
removal of prisoners during..

143
FOL19-
detined....

3843
FORCIBLE ENTRY AND DETAINER-
forbidden

2283
issues in

2245
treble damages recoverable.

1669
FORECLOSURE OF CHATTEL LIEN.

1787-1741
FOLECLOSURE OF MECHANICS' LIENS.

3398-3419
See VIECHANICS LIENS.
FORECLOSURE OF LIENS ON VESSELS.

3420-3441
See VESSELS.
FORECLOSURE OF MORTGAGE BY ACTION.

1626-1637
final judgment, contents

1626
people of the state may be made defendant...

1627
other actions for mortgage debt, when prohibited.

1628
complaint to state whether such action brought..

1629
if judgment rendered therein, execution to be returned.

1630
lis pendens; when to be filed..

1631
effect of conveyance upon sale

1632
surplus ; disposition of

1693
disnjissal of complaint on payment of sun due,

1634
payment after judgment; when proceedings to be stayed

1635
when part only of the property to be sold.

1636
when whole property to be sold.

1637
taxes, asseseme nis, etc., to be paid out of proceeds of sale,

1676
judgment in to be entered in county where land situated

1677
FORECLOSURE OF MORTGAGE BY ADVERTISEMENT

2387-2 109
when mortgage may be foreclosed.

2387
notice of sale; how given

2388
id.; how served

2389
duty of county clerk

2390
contents of notice of sale

2391
sale ; how pos poned.

2392
id.; how conducted

2393
mortgagee, etc., may purchase.

2391
effect of sale

2395
asfidavit of sale, and of posting, serving, etc., notices

2396
when one affidavit suftices; printed notice to be annexed.

2397
afidavits may be filed and recorded.

2398
pote upon record of mortgage

2399
deed not necessary

2400
costs ailowed

2101
expenses allowed.

2402
taxation thereof

2403
surplus money to be paid into supreme court.

2401
claimant of surplus money to file petition..

2105
application for surpluu money.

2400
order for distiibution

2 107
limitation of last four sections

2 108
application of tliis title to mortgages to the state.

2105
FOREIGN CORPORATION
defined

8343
rummons; how to be served upon.

432
books of ; when evidence

929
when may fue

1779
when may be bied.

1780
See also CORPORATION.
FORETON COURT
records of, when evidence.

062-954
FOREIGN DOCUMENT-
when con be reud in evidence..

956
FOREION JI DOMENT-
does not affect right to arrest.

502
See also EVIDENCE.
FOREIGN JURY...,

.1063, 1071
FOREGN LANGUAGE -

when interrogatories for commissions to take testimony may be in...... 912
FOREION PATENT-
when evidence...

956

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