REMOVAL OF ACTION. (See Justices of the Peace.)
from superior court, 32.

REPLY, when may be put in, and what to contain, 133.
and demurrer, when allowed, 133, 134, n.

to answer of another suit pending, 134, n.

when not requisite, 134, n.

to answer of discharge under bankrupt law, 134, n.
demurrer to, 135.

allegations of new matter in, may be countervailed on trial, 147.
time to, may be enlarged, 155.

supplemental, when allowed, 156.
frivolous judgment on, 203.
See, Pleading.

REPORTS, of other States, evidence of, 311.
See, Referees, Reference.

RESPONDENT, defined. 264.

See, Appeal.

RETAINER, notice of an appearance, 340.
RETURN, in Court of Appeals, what to contain, 337.

appellant to cause to be made and filed in twenty
days, 337.

if defective, further return, how obtained, 337.
REVIEW, of evidence on trial, how obtained, 216.
RULES, of Court of Appeals, 20, 337.

in Courts of Justices of the Peace, 47.
and practice inconsistent, abrogated, 326.
of Supreme Court, abrogated, 326.
new, to be framed, 326.

of Supreme Court, 339.

of Superior Court, 359.

of N. Y. Common Pleas, 361.

of pleading. See Pleading.

S.

SALES of real estate regulated, 347, 348, 349.
SALVAGE, jurisdiction of superior court in questions of, 33.
SCIRE FACIAS, writ of abolished, 313.

actions in place of, 313.

SEALED INSTRUMENT, time of limitation in action on, 63.
SEDUCTION, action for, 42.

defendant may be arrested in action for, 159, n.

SEISIN, when necessary, 60.

SERVICE,

how to be made, 306.

by mail, 307, 308.

on defendant who has not answered, 308.

on

residing out of State, 308.

on attorney, 308.

to bring into contempt,

of summons by whom, 101.

how, 101.

66

how proved, 110, 358.

66

give jurisdiction of action, 111.

of amended pleading, 125,350.
on a Sunday irregular, 306.

SET-OFF, effect of assignment on, 73.

defence of, 127.

SETTLEMENT of Action, costs on, 262.

SEVERAL DEFENDANTS, costs in actions against. 252.
proceedings where some only served, 188.
See, Joint Defendants.

SHAM, Answers and Defences, may be stricken out, 132.
SHERIFFS, to provide rooms, &c., for Court of Appeals, 21.
to provide rooms, &c., in certain cases, 25, 26.
order of arrest to be delivered to, 163.

to deliver copy order of arrest, &c., to defendant, 163.
duty on making an arrest, 163.

surrender of defendant in discharge of bail, 164.

to serve copy undertaking of bail, &c, 165.
when exonerated from liability, 165, 192.
may give notice of bail justifying, 165.

to give certificate where deposit made, 166.
to pay deposit into court, 166.

when liable as bail, and how discharged, 167.
proceedings on judgment against, as bail, 167.

bail taken on arrest liable to, 167.

duty in case of claim of delivery, of personal property, 173, 174, 175.
when to return execution, 239.

certain existing laws as to executions retained, 240.

to serve summons, &c., as process, 309.

to serve and return summons, 101.

duty of, on executing writ of attachment, 192, 193, 194.
fees of, 194, 110.

actions against, within what time to be commenced, 64.
how compelled to return process, 340.

SLANDER, pleadings in action for, 121, 142, 143.

action for, cannot be brought in justices' courts, 42.
time of limitation in action for, 64.

costs in actions for, 252, n.,

SPECIAL PROCEEDING, in inferior court, when deemed an action, 261.
defined, 13.

SPECIAL TERMS, number of in each county, 24.

governor to appoint time and place for holding, 24.
judges to appoint time and place for holding, 24.
extraordinary may be appointed, 25, 323.
where to be held, 25.

adjournment of, 25.

power to change time of holding, 24.

what motions to be made at, 344, 300. n.

SPECIAL VERDICT, defined, 211.

and general verdict first, to control, 212.
See, Verdict.

STATE, when action cannot be brought by grantee from, 59.
STATUTE, action on for forfeiture or penalty, time of limitation, 64.

private, how pleaded, 142.

STAY of proceedings, order for time to make a case is not, 227, n. 301, n.
order extending time to answer is not, 301, n.

order for discovery of books is, 341.

See, Order.

STRIKING cases from calendar, 344.

SUBMITTED CASES, to court of appeals, on printed arguments, 339.

SUBSTITUTED SERVICE, when ordered, 104.

what the summons to state in cases of, 104.
when complete, 110.

SUMMING, up at ci.cuit, one counsel only allowed to on each side, 341.
SUMMONS, action to be commenced by service of, 65.

requisites of, 96, 98, 99.

no complaint need to be served with, 99.

by whom served, 101.

how served, 101.

person subscribing may fix time for service, 101.

service of on corporation, 101.

infant, 101.

person of unsound miud, 101.

an habitual drunkard, 101.

publication of, in what cases, 104.

proceedings where served on one of several defendants, 108.
service of by publication, when complete, 110.

how proved, 110, 358.

gives jurisdiction to court, 111.

service of copy after same demanded, 99.

to be filed, 308.

in case of personal service must be delivered to and left with defend-
ant, 104, n.

affidavit of service what to state, 104, n. 358.

personal service of, must be within territorial jurisdiction of court,

104, n.

sheriffs certificate of service, 110, n.

admission of service to be verified, 110, n.

sheriffs fees for service of, 110, n, and errata.

voluntary appearance, equivalent to personal service of, 111.

objection to service of cannot be taken by demurrer or answer, 126, n.

SUNDAY, not reckoned in computing time when, 305.

service of a paper on is irregular, 306, n.

SUPERIOR COURT, jurisdiction of, 31, 37.

equity jurisdiction of, 33.

terms of, 34.

how held, 35, 36.

judgments, when and how given, 35.

what concurrence necessary to judgment, 35.

crier of, to be appointed, 35.

to consist of six justices, 35.

extra justices, how voted for, 35.

to be elected, 35.

to be classified, 36.

vacancy of office of, 36.

duties and salaries of, 36.

powers of co-extensive with the other justices,

36.

transfer of suits to, 37.

jurisdiction over transferred suits, 37.

appeals from judgment of, on transferred suits, 37.
section 28 to apply to, 37.

will not sanction a fraud to confer jurisdiction, 33.

SUPERVISORS, duties of, 26, 35.

SUPPLEMENTAL, pleading when allowed, 156.

proceedings to execution, 240.
act, 330.

See, Execution.

SUPPLICAVIT, writ of, still exists, 196, n.

SUPREME COURT, jurisdiction of, 22.

statutes relating to, repealed, 22.
general terms of, 23.

judgment at general term, 24.

terms of circuit court and special terms, 24.
transfer of actions from, to superior court, 37.

SUPREME COURT, rules abrogated, 326.

judges to frame other rules, 326.

SURETIES, required to justify and to acknowledge bonds, 353.
SURPLUS on Sales, how applied, 348.

SURROGATES' COURTS, appeals from not affected, 327.

statute of limitation applies to, 58. n.
action on decree of, 64.

appeals from, regulated, 355.

TERMS of Court of Appeals, 20.

Supreme Court, 20, 323.

County Courts, 29.

Common Pleas, 39.

Superior Court, 39, 36.

T.

general, of Supreme Court, what motions heard at, 344.
special,

general and special, of Superior Court, 359.

general, what heard at, and time of opening, 359.

times for hearing certain appeals at, 360.

345.

special, consist of trial and special term, and how held, 359.
calendar for trial term, how called and regulated, 359.
when trial term to be opened, 359.

calendar for special term, 359.

when special term to be opened, 359.
order of business at, 359.

during vacations, 359.

THINGS in action, assignment of, 73.

TIME, how computed, 305.

may be enlarged, 303.

of publication of legal notices, 311.

to answer or demur, 122.

of limitation. See, Limitation.

further, how computed, 306, n.

Sunday, when not reckoned, 305, n.
reckoned, 305, n.

in Court of Appeals

for filing returns, 337.

to serve case on adverse attorney, 338.

to notice for argument, 338.

stay of remittitur in certain cases, 339.
for doing an act may be enlarged, 339.
in Supreme Court, to comply with condition in rule, 345.
TITLE, to real estate. See, Justice of the Peace.

coming in question, what is evidence of, 251, n.
TRANSCRIPT, of judgment roll may be docketed, 46, 233.
of judgment, justice to give, 46.

TRANSFER, of interest in action, effect of, 79.

of actions from Supreme to Superior Court, 37.

of property of judgment debtor, 237, 238.

of papers on change of place of trial, 340.
of hearing of motion, 303.

TRANSFERRED CAUSES, hearing of, 359.

TRESPASS, on real property, action for, within what time to be brought, 63.

on personal property,

"

63.

TRIAL by Jury.

either party giving notice, may bring issue to trial, 209.

party bringing on trial to furnish court with copy summons and plead-

ings, &c., 211.

action of court after, 213.

judgment on, when final, 214.

may be waived, how and when, 215.

postponement of, on what terms, 259.

by the Court of question of fact.

decision to be written, and be filed with clerk, 215, 216, n.

exceptions to matters of law arising on such trial, when to be
taken, 216.

review of evidence on such trial, how had, 216.

by the court of issue of law, proceedings on judginent, 217.

by referees-when may be had, 218.

abstract of present law and practice of, 218, n.

report, to stand as decision of court, 223, 343.

on judgment to be entered on report. 231.

order for, in place of feigned issue, 57.

only one counsel on each side to examine a witnesses at, 341.

TROY, Mayor's court of, laws regulating, 33.

TRUST COMPANY, accounts with how kept, 357.

TRUSTEE, of express trust defined, 73.

actions by, 73.

costs in actions by, 260.

U.

UNSOUND MIND, persons of, jurisdiction of county court over, 28.

suits by, 73, n.

service of summons on, 101, 102, n.

UNDERTAKING to be proved or acknowledged, 353.

to be filed, 311.

to be delivered to sheriff, 311.

UTICA, Recorder's court of, laws regulating, 33.

V.

VALUE of life estate how computed, 355.

VARIANCE, between pleading and proof not to be material unless, &c., 148.
immaterial, to be disregarded, 149.

what is not, 149.

VENUE. See, Place of Trial.

VERDICT, general defined, 211.

special, 211.

in actions to recover specific personal property, 211.

to be given in writing, when, 212.

special, to be filed, 212.

special, inconsistent with general verdict, former to prevail, 212.
for plaintiff in action to recover money only, 212.

action of court after, 213.

judgment after when final, 214.

when may be entered, 214. n.,

for affirmative relief to defendant, 212.