SURROGATE AND HIS COURT - Continued.

Vol. Sec.

surplus money on foreclosure and other sales; when paid to

surrogate.

how distributed......

securities and leases: surrogate's duty respecting the same

restitution, for assets subsequently discovered..
Provisions relating to a testamentary trustee. See Letters, etc.
intermediate accounting: voluntary.
when compulsorily required...

petition to compel payment of debt, legacy, etc.; citation. 11, 284
proceedings upon return of citation..
other persons interested to be cited.

Judicial settlement of account, when court may require... 2
petition; citation

proceedings upon return of citation..

when trustee may apply for; proceedings..

certain provisions of title fourth made applicable.

surrogate to determine controversies; proportion may be
retained

effect of decree.

trustee may apply to resign trust; proceedings thereupon. 2.4
person interested may petition for security from test. tr.;
proceedings thereupon.......

how security given...

11.2015

may apply for removal of test. tr.; in what cases....... IL 217
when court may appoint a successor to a test. tr....
proceeding where test. tr. is also ex. or ad...

to what trusts this title applies.

Appointment, control, remoral, and resignation of a general
guardian; his powers and duties. See Letters, etc.

power of court to appoint guardians....

appointment of general g'n for infant over fourteen; infar.t's

ward or new guardian may require accounting.

II.

23

11. 234

ancillary letters to foreign guardian; application therefor.11. 223

application of the last section to former guardians. II. 241
general guardian of property to file annual inventory and

judicial settlement of account of guardian of property, how

SURROGATE AND HIS COURT- Continued.

Vol. Sec.

Judicial settlement of account of guardian of person, how

compelled

when guardian may compel..
citation; proceedings.

..II, 2848
....II, 2849
...II, 2850

Provisions relating to a guardian appointed by will or deed:
will or deed containing appointment to be proved, etc., and
recorded...

....II, 2851

testamentary guardian; qualification letters; objections
to; renunciation.....

.II, 2852

guardian appointed by will or deed; when and how security
required

SURVEY:]

what security to be given..

inventory and intermediate account.....

Judicial settlement of account

effect of decree...

order for, when may be made.......

contents and service of.
authority of party under for...

SURVEYOR:

fees..........

T.

TALESMEN. See TRIAL BY JURY.

TAVERN:

keeper of. See JUSTICE OF THE PEACE, ETC., 1; FOREClosure of
CHATTEL LIEN.

TAX:

11, 1676

payment of, to be directed by judgment for sale of real property,
no action for chattel taken for, except etc......II, 1690, 2919
TAXATION. See COSTS.

of costs on foreclosure of mortgage by advertisement.II, 2403
before Justice of the peace....

of fees of certain officers, on demand
certificate of judge, etc., evidence as to title to real property, etc.

....II, 3078
......II, 3287

of costs; how made; allowance, how computed

may bring action to prevent waste, etc., against public officer,11, 1925
TEMPORARY ADMINISTRATOR, II, 2668-83.

TENANT :

or occupant, must be made defendant in action for real prop-
erty.........

.....II, 1502, 1504-1509

removal by summary proceedings. See SUMMARY PROCEEDINGS,

ETC.

discovery of death of tenant for life. See LIFE-TENAnt.
of particular estate. See ESTATE.

TENANTS IN COMMON:

action for real property maintainable separately by...II, 1500

ouster to be proved....

when may be severed.....

partition, when may maintain..

Vol. Sec.

IL 1315
-----II, 1516, 1517
-1, 152-15

IL 1548

court may direct shares to be set off...
guardian of infant, how may agree to partition II, 1500-1980
waste may be maintained by; judgment therein...II, 1656-1668

to recover just proportion against co-tenant..

TENDER:

in what actions allowed; when to be made.
amount must be paid into court....

effect of, on costs and interest.

amount of, when deducted from recovery.

TERMS OF COURTS. See the titles of the several courts.

amount of costs, allowed as term fee......

this act does not affect appointment of terms under existing

laws........

TERRITORY:

what is included in the term, as used in this act. 30
TESTAMENTARY TRUSTEE, II, 2590-2610, 2802-2820,7

TESTE:

of writs and process, form of

mistake or omission in, does not invalidate process..

TESTIMONY:

de bene esse, of aged, etc., witness, how taken in surrogate's

court

in another county.

of witness in surrogate's court, how authenticated..
stenographic minutes to be bound..

of witness for plaintiff may be taken on application of defendant
for adjournment of trial before Justice...
may be taken by commission issued out of N. Y.marine court,,
taking of, by commission, in Justice's court. See CoMMISSION:
DEPOSITION, ETC.: EVIDENCE; SURROGATE AND HIS COURT;
JUSTICE OF THE PEACE AND HIS COURT; WITNESS.

TIME:

limited for commencement of action. See LIMITATION OF ACTION.
appeal. See APPEAL.

for deciding motion, relating to provisional remedy.

for appeal, or motion to vacate Judgment for error, when ex-
tended

of publication of certain orders, in action for benefit of creditors,

of legal notices, how computed...

within which an act is o be done, how computed, in general...1,
enlargement of, in mandamus....

prohibition..

notice of application to court, on assessment of damages..

certiorari, notice of application for..

for return may be enlarged, etc..

11, 39

11, 2
1. 219

915

Vol. Sec.

TIME-Continued.

in surrogate's court, for appeal.......

how reckoned upon successive letters............
exception as to temporary administrator

Justice of the peace must walt one hour after return of sum-

mons.....

within which may issue execution.......

for appeal from.....

N. Y. marine court, for service of notice in..

.....II, 2572

....II, 2593

....II, 2682

...II, 2893

..II, 3024

.II, 3046

11, 3161

answer in summons..

service of pleadings..

non-acceptance and justification of bail..
filing decision upon trial, etc..

appeal to general term.....

appeal to court of common pleas...

words "now", "hereafter" and "heretofore

..II, 3165

..II, 3166

.II, 3168

...II, 3173

...II, 3190

11, 3193

TITLE:

when this act takes effect; when deemed passed.

application of..II, 3343

of bona fide purchaser not affected by levy..
to real property, sold under execution, not divested until deed
given.......

II, 3355, 3356

.........I, 1409

.......I, 1440
.....II, 1520

.....II, 1524

expiration, before trial in ejectment, of plaintiff's..
is conclusively established by judgment after trial, in ejectment,
of issue of fact
Judgment by default, etc., when conclusive of plaintiff's...II, 1526
what is necessary to maintain action for partition...11, 1532, 1533, 1537
of parties may be controverted and tried in partition..............II, 1543
claimants of, in real property, may be made defendants in action
for dower.....

........II, 1598, 1599
.....II, 1619

barred after confirmation of sale, in dower.
what is barred by judgment in action to determine claim to real
property

IT, 1645, 1616

on sale under mortgage foreclosure by advertisement.....II, 2395, 2100
to real and personal property when vested in receiver in supple-
mentary proceedings...

..II, 2468

when such receiver's title to personal property extended by re-
lation......

......IT, 2469

of purchaser, etc., in good faith from heir, etc., when not affected
by sale for payment of decedent's debts..
general effect of conveyance on such sales.

11, 2777
....II, 2778

of purchaser at such sale not to be affected by certain irregulari-
ties, etc.

11, 2784, 2785

justice of the peace has no jurisdiction when title to real prop-
erty comes in question...

answer of, in justice's court

....11, 2863
....II, 2951-2958

......II, 3030

of bona fide purchaser at sale on execution in Justice's court,
not affected by constable's default......
of bona fide purchasers before levy on such execution, not
affected, etc......

title to real property in question.....

action cannot be maintained in district court of New-York when

of purchaser at sale under attachment not affected by restitution
ordered on reversal of justice's judgment...
answer of, in district court of New-York, or justices' court of
Albany or of Troy.

II, 3030

...II, 3058

..II, 3212

as to justices' courts of Albany and Trov.

II, 3215

11, 3223

certificate as to costs in action involving title to real property. 11, 3248
of this act stated...................

TOWN:

action by, for cutting, etc., trees; damages....

against officers of....

II, 3344

11. 1667, 1668
....II, 1925-1931

venire for trial before justice in action between two towns, etc.,

II, 2992

TOWN CLERK:

Vol. Sec.

to transmit copy of duplicate lost or destroyed.....
books and papers to be deposited with, on removal of justice of
the peace.

copy of paper filed with, or record kept by, is evidence...I 93
Jury list to be filed in office of..

.II, 3144-3143

See, also, CLERK.

TRANSCRIPT:

filing and docketing judgment. See COUNTY CLERK: JUDGMENT.
of record may be certified by surrogate

of decree of surrogate's court, may be filed and decree docketed,

Justice may give, after expiration of term.

may be given by justice who is an innkeeper..

of judgment rendered before Justice of the peace; docketing the

same.

for execution against person..

for a chattel......

against Joint debtors...

docketing such judgments.

T

to be furnished by justice of the peace....

of district court of New-York; docketing; execution thereon,

of justices' courts of Albany and Troy; docketing, etc.

TRANSFER:

of causes of action, etc. See ASSIGNMENT.

of action by Justice of the peace, whose term about to expire,

TREASON:

11. 1909-1912

II, 3150-312

action of ejectment, by people, when real property forfeited for,

notice of object to be publishe1

unknown claimants, when may be made defendants

effect of judgment against......

attorney-general must report recoveries..

action to recover personal property forfeited for.

actions must be in the name of the people....

holder of estate in remainder, etc., may maintain action for....II, 1685
trespasser, summary proceedings to recover land against..

when entitled to notice to quit........

TRIAL. See, also, TRIAL BY COURT, ETC.; TRIAL BY JURY.

General regulations:

of certain actions, court may exclude public from..
notice of, for adjourned term...

of non-jury cause elsewhere than in court-house, stipula-
tion for.....

of issue of fact commenced may be continued beyond term.L
notice of; filing note of issue..

....L

order of, on calendar..

preference of issues of law when no jury in attendance......
party serving notice may bring on cause.

L

party bringing on cause must furnish court with copies of
papers.........