DEPOSITION- Continued.

taken and for use within the State:

application for; contents of affidavit....

order for examination; contents of; service of, etc..

subpoena for person to be examined, may be issued.
when and where taken

....

original affidavits presumptive evidence of facts therein contained, etc.

to be used on motion, how taken, etc

place where witness may be compelled to attend..

taken within the State, for use elsewhere:

in what cases may be taken.

how taken; subpoena to witness where commission has issued..

contents of subpoena where commission issued.

subpoena when no commission is issued....

justice of the peace may take, when....

taking and returning.

penalty for not obeying such subpoena.

taken without the State. (See COMMISSION.)

DESCENT CAST:

rights not to be affected by.......

DESIGNATION:

by a resident, of person on whom summons may be served.....

by foreign corporation, of person on whom summons may be served
of general term justices. (See SUPREME COURT.)

of temporary jail. (See JAIL.)

DESTRUCTION:

of papers, court may order....

DIRECTOR:

of money corporation or banking association, limitation of action against....... 394
DISABILITY:

of judge who is a party, or interested, etc....

of justice of the peace, on certain appeals to court of sessions

of officer before whom special proceeding is pending, proceedings on

of judges of superior city court, removal to supreme court in case of.
of county judge, who to act in case of ......

removal of action in case of

46

48

52,

53

of attorney; proceedings thereupon; appointment of new attorney.
of general term justice, in supreme court.......

effect of, on limitation of certain actions...

of aliens, in time of war, deducted from limitations

when available, in computing limitation....

effect of, on limitation of time to move to vacate judgment..

DISCHARGE:

of person imprisoned for non-payment of fine for criminal contempt ...

(See CONTEMPT.)

from arrest upon bail or deposit. (See BAIL.)

of debtor in custody on execution against the person, how creditor may require;
effect of....

1494, 1495

from arrest, of privileged person. (See ARREST.)

of witness arrested. (See WITNESS.)

of attachment. (See ATTACHMENT OF PROPERTY.)

DISCOVERY:

of judgment debtor's property, action for, may be brought in superior city court. 263
of books, etc., certain courts may order.....

803

when evidence. (See DOCUMENTARY EVIDENCE; JUDGMENT; COUNTY CLERK.)

3

191

438

831

1012

1024

1229

DOCUMENTARY EVIDENCE:

certain official certificates evidence.....

certificate, etc., of officer on file, when evidence...

protest and memorandum, when evidence......

921

922

when copy thereof may be read in evidence, etc..

record of acknowledged conveyance or transcript thereof, evidence...

acknowledgment not conclusive; may be rebutted, etc..

notary's certificate of protest is presumptive evidence, etc...

proof of presentment or protest in foreign state or country, how made.
affidavit of printer, etc., presumptive evidence, etc....

of service is presumptive evidence, when...

marriage certificate or record is presumptive evidence.
books of foreign corporation are presumptive evidence.

statutes and legislative proceedings, how proved....

copies of records and papers in certain offices are presumptive evidence..
conveyance acknowledged, etc., is evidence..

what instruments may be made evidence by acknowledgment..

923

924

925

926

927

928

929

930, 931

932

933

935

935

936

937

when docket-book of justice, or transcript thereof, is evidence..
other proof of proceedings before justice of the peace.
ordinance, etc., of cities and villages, how proved.

938, 939

940

941

statute, etc., of other state or foreign country, how proved..
common law of other state or foreign country, how proved...
records, etc., of United States courts, how proved....

of department of government of United States, how proved..
of observations of signal service..

944

944

when record of bill of sale, etc., of vessel, is evidence..
conveyance of land without the State, when evidence..

945

946

exemplification of record of conveyance recorded in other state, etc., is presump-
tive evidence...

docket, judgment, etc., of justice of the peace of adjoining state, how proved, etc.. 948-951
record and judicial proceedings of foreign country, how proved...

foregoing provisions not to prevent proof according to common-law rules, etc....

962

of prisoner going to, etc., or returning from hospital; re-arrest, etc.
what is, and effect thereof

.....

sheriff liable to action for....

penalty for connivance of sheriff, etc., at.

judgment against sheriff for, evidence against sureties.

damages in action for, by assignee of bond.....

stay of proceedings in action..

defence of sheriff, in action for.

of sheriff, coroner liable for..

of prisoner in action by sheriff; coroner's liability for.

limitation of action against officer for..

of defendant after arrest, sheriff liable for...

new execution against person or property may issue after.

EVIDENCE:

in criminal action, pleading not to be used as

...

616

820

968

982

1240

1194

... 1240, 1241

145
302
305, 306

.....

admission of member of corporation, when admissible against corporation.
of consideration, how far seal is, upon executory instrument...

1282-1291

127

155

158

159

161

167

170

171

177

179, 181

385

587

1492

common or unwritten law of foreign country or of other state, etc., how proved..
(See, also, COMMISSION; DEPOSITION; DOCUMENTARY EVIDENCE; OATHS AND
AFFIRMATIONS; TRIAL; WITNESS.)

EXCEPTION:

settlement of, by judge out of office, allowed....

in causes tried at certain circuits in New-York, before whom settled

what decisions may be excepted to

refusal of court or referee to make finding, may be excepted to
when and how taken after trial by court or referee.

523

839

840

942

25

236

992

993

994

when may be ordered heard in first instance at general term....

1000

motion for new trial on, at general term, after interlocutory judgment
does not operate as stay of proceedings on judgment, unless order made...
not to prejudice motion for new trial......

1001

1005

1006

return of, partly satisfied; effect of, on presumption of payment of judgment.... 377
on judgment on counterclaim, against executors, etc., when allowed..
when necessary, before action against bail..

to issue after expiration of his term, to sheriff levying attachment.
when person is designated to complete unfinished business of sheriff.
in cases where attachment has issued, how collected....
may issue to collect fines of jurors in New-York..

when judgment may be enforced by

in Kings county.

judgment not enforceable by, how enforced

how levied on real property, after ten years from date of judgment
return of, by sheriff, satisfied or unsatisfied, etc

sheriff to indorse return on, and to deliver copy thereof, on payment of

on confession of judgment, when whole amount not due

on judgment for money, certain provisions applied to

when court may order levy of, discharged on appeal..

to whom directed; provision where sheriff is party
time of receipt to be indorsed on...

different kinds of.....

for collection of money, etc....

how sheriff required to collect...

against executor, etc., requisites of..

506

597

706

706

708

1117

1156

1240

1241

1252

1264, 1265

1266

1272

1277

1311

1362

1363

1364

1365

1366

requisites of, when issued out of court other than that where judgment rendered. 1367

against property, when to specify time of docketing judgment.

requisites of, where attachment has issued.

for delivery of property, requisites of

when judgment for delivery of property and payment of money.

separate, may issue where separate sums awarded..

may issue of course within five years, etc....

1368

/1369

1369

1370

1371

1373

1373

1374

notice of application for, after five years..

after death of judgment creditor, court may allow, etc., within five years.
how may be issued after lapse of five years.

1375

1376

1377

1378

time of stay, etc., is not part of time limited for issuing of..

leave to issue against property of deceased judgment debtor, how obtained.

1381

1382

sales on, etc., to be made at auction, and in day time..

against surviving judgment debtors may issue; notice thereupon..

1383

1384

penalty for taking down, etc., notice of sale...

how enforced when sheriff dies or is disqualified.

validity of sale on, not affected by sheriff's omission to give notice, etc.
sheriff not to purchase at sale on...

1385

1386

1387

1388

exempt homestead exceeding $1,000 in value, not to be sold on
personal property bound by.

provision when attachment also levied on such property

EXECUTION - Continued.

when such undertaking enures to benefit of other creditors on

how partner's interest sold; rights of purchaser...
claim of title to property levied on, to be tried

proceedings if claimant succeeds...

in action against officer for levy, indemnitors how substituted as defendants. 1421-1427
sale of personal property on, how made

SECTION

1415

1416

1417

1418

1419

1428, 1429

provisions as to sale of real estate on, apply to certain leasehold estates
real property held in trust, when liable to....

1430

1431

equity of redemption in real estate not to be sold on, for mortgage debt.
direction to be indorsed in such a case....

1432

1433

1479

when purchase-money may be recovered back, on failure of title after sale of real
property...

on original judgment, may be issued to enforce contribution after sale on. (See
CONTRIBUTION.)

as to sheriff's deed on sale. (See SHERIFF.)
as to property exempt from.
as to sales of real property on.

as to redemption after sale on.
EXECUTION.)

(See EXEMPTION FROM EXECUTION.)
(See SALE.)

(See REDEMPTION OF REAL PROPERTY SOLD ON

as to execution against the person. (See EXECUTION AGAINST THE PERSON.)

1480

110

149

requisites of.....

1372

in what cases may be issued

1487

1488

when execution against property must be first issued

1489

...

and against property not to be simultaneous...

1490

other executions against person or property cannot be issued while defendant in
custody on, except, etc

1491

new execution may issue after escape...

1492

against property may issue after death of person in custody on... 1493
creditor may discharge debtor in custody on; effect of such discharge.
new execution not to be enforced against real property sold, in certain cases..

execution against property in hands of, etc., what to require..

of deceased judgment creditor, may issue execution within five years

what evidence to furnish on redemption of real property sold on execution...1464-1466
conveyance by sheriff to, when person entitled thereto is dead..

of person from arrest while obeying subpoena or order. (See WITNESS.)
from execution:

certain special, not affected by general provisions concerning.
of certain personal property owned by householder....
certain property not exempt from execution on certain judgments
woman, when entitled to.

of military pay, bounty, etc.; arms, equipments, etc
of right of action for seizure of exempt property.

of land designated as burying ground.

mode of designating burying ground for.