nated or referred to therein, by the title or description thereof, contained in the statutes in force on the day before the provision referring thereto takes effect, or by another title or description; nor does it affect any provisions of those statutes, relating to the amount, or the time or the mode of payment, of the compensation of an officer or employee, so designated or referred to, who is in office or employed on that day; except that where the tenure of his office or employment is not prescribed in this act, he may be removed at pleasure by the court, officer, or officers, authorized by this act to appoint a person to discharge the same duties. Until he is removed, or his office or place becomes otherwise vacant, the provisions of this act apply to him, and to the discharge of his duties. The court, officer, or officers, authorized by this act to appoint a person to an office or employment, may from time to time thus fill a vacancy therein.

New.

3355. When this act deemed to have been passed, etc.-For the purpose of determining the effect of the different provisions of this act with respect to each other, they are deemed to have been enacted simultaneously. For the purpose of determining the effect of this act upon other acts, and the effect of other acts upon this act, this entire act is deemed to have been enacted on the sixth day of January, in the year eighteen hundred and eighty; and all acts passed after the last mentioned date are to have the same effect as if they were passed after this act.

New.

3356. When this act takes effect. Subject to the qualifications contained in the foregoing sections of this title, this act shall take effect as follows: titles third and fourth, and article first of title fifth of chapter tenth, on the first day of May, in the year 1877; the remainder of chapters first to thirteenth, both inclusive, on the first day of September, in the year 1877; chapters fourteenth to twenty-first, both inclusive, on the first day of September, 1880; and this chapter immedi ately.

New.

INDEX

то

VOLS. I AND II CODE OF CIVIL PROCEDURE.

A.

ABANDONMENT:

of action.

of appeal

of part of plaintiff's claim in replevin.....

as ground of separation, matrimonial actions..

ABATEMENT:

on account of vacancy in office of judge..
failure or adjournment of court..

does not occur, if cause of action survives......
on death or marriage of plaintiff.....
when not caused by death after verdict, etc...
by death of public officer, trustee, etc.....

to recover real property...

to be divided, after death, when, etc...........

for a chatte........

by an executor or administrator..

not on account of change of name; amendment....

ABBREVIATIONS:

may be used in process, pleadings, etc.............

ABSCONDING DEBTORS.......

ABSENCE:

from the State, effect of, on the statute of limitations.........I, 391, 401 United States, designation of person to serve summons

upon.....

presumption of death from..

issuing warrant of attachment..........

publication of summons against absentee.............

of witness of will on probate..

id.; proof of handwriting, etc.

I, 430 .1, 841

..II, 2620

testimony on probate when witness is absent from State....II, 2651

ABSENTEE:

administration upon estate of... powers of temporary administrator of........... id.; provision for family of...........

..II, 2670

....11, 2676

..........II, 2677

ABOLITION:

of feigned issues...

Vol. Sec.

.L, 1668

......11, 1687, 168, 1963

of certain special proceedings relating to land.....
of certain writs....

ABUSE:

of mandate of court of record is a contempt..

ACCEPTANCE:

14

of negotiable paper, proof of presentment, etc., for........1, 923-925
ACCOMMODATIONS:

for courts, how provided; adjournment, etc., for want of....I, 31,

ACCOUNT:

of money in custody of clerk of court of appeals..

of moneys paid into court. See PAYMENT INTO COURT.
when cause of action accrues on..........

how pleaded; demand of copy of......

production of, on trial, how compellable.

books of, discovery and inspection of..

reference of issue involving a long...

of proceeds of sale, etc., of real estate of infants, etc..
of fees by clerk of court of appeals....
justice of the peace in Brooklyn

clerks of certain courts of New-York and Brooklyn.
certain county clerks and registers..

what fees are to be accounted for by officer...
used in chapter on surrogate's court...

decree in id.; to contain summary thereof.

Jurisdiction of justice of peace in action on..

party compelled to exibit account in justice's court...

41

.........I, 803-909
.1, 867. 863

I, 1013

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

judgment in Justice's court when accounts exceed $900...
in Justices' courts of Albany and Troy.......

ACCOUNTS:

of money in custody of clerk of court of appeals...I, 203-208
of money paid into court.......

ACCOUNT OF TESTAMENTARY TRUSTEE:

intermediate accounting of......
id.; when compulsory..

id.; settlement of; how compelled..

id.; on whose application...

id.; on petition of such trustee..
id.; on settlement of account..

ACCOUNT OF GUARDIAN:

settlement of, on his own petition....
on petition of ward or new guardian.
to be filed yearly in surrogate's court..

affidavit to be annexed....

must be examined annually by surrogate..

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

...II, 2850

ACCOUNT OF GUARDIAN-Continued.

Vol. Sec.

affidavit thereto; examination thereof; proceedings when same
not filed or defective........

.....II, 2855

when surrogate may compel judicial settlement of account of
guardian by deed or will

effect of decree for such settlement

proceedings thereon, same as when guardian appointed by sur-
rogate

.II. 2856

II, 2856

...II, 2857

ACCOUNT OF EXECUTOR OR ADMINISTRATOR. SETTLEMENT OF:

additional allowance on..

by executor of deceased executor

..II, 2562

ters testamentary, etc..

application for settlement of, on petition for revocation of let-

.II, 2606

proceedings thereupon..

..II, 2689

id.: when compulsory,

intermediate accounting, when voluntary.............

decree on, may award relief for not setting apart exempt prop-
erty...

neglect to appear on citation is ground for summary revocation
of letters

.II, 2690

....II, 2691

..II, 2721

...II, 2722

when surrogate may require judicial settlement of account...II, 2724

....II, 2723

who may apply for accounting; citation thereupon....
order to account; supplemental citation

2725

...II, 2726

hearing

person cited may bring,infother parties; proceedings thereupon II, 2728
executor, etc., may petition for Judicial settlement; citation
thereupon..

..II, 2727

..II, 2729

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

..II, 2730

ceedings.....

executor whose letters have been revoked may petition; pro-

..II. 2731

affidavit to be annexed to account......

...II, 2732

vouchers to be produced; evidence of payment in case of lost
voucher.

...II, 2733

accounting party to be examined, etc

.....II, 2734

account of executor, etc., may at any time be ordered filed......II, 2735
compensation of several executors or administrators...

...II, 2735

when compensation not allowed.

..II, 2736

one compensation allowed on different letters..

...II, 2737

effect of the statute of limitations on such claims...

surrogate may determine certain claims; hearing of contest...II. 2739

...II, 2738

when legacy, etc., to be paid to county treasurer..

legacy, etc., to unknown person to be paid into State treasury;
claims thereto.....

.II, 2746

..II, 2747

executor, etc., may be compelled to render account, on applica-
tion of creditor for sale, etc., of real property..

...II, 2748

.....II, 2753

ACKNOWLEDGMENT:

of indebtedness repels presumption of payment of judgment...I, 376
must be in writing to bar limitation....

of undertaking, etc., in legal proceedings, required....
of conveyance makes it evidence, but certificate not conclusive.

in court of record, not discontinued by change in Judges, etc....I, 25
abatement of. See ABATEMENT.