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lost or destroyed will, proof of.

143

not allowed unless surrogate satisfied of genuineness and validity 144

notice to legatees and devisees.

nuncupative must be proved by at least two witnesses.
objections; notice to legatees and devisees...

who may file....

petition; by whom made; contents.

proof required

recording decree

146

141

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147

139

141

16

probate

reference on proceedings for...

revocation of former letters of administration on decree granting

surrogate, disqualified from acting when witness.

66

154

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United States citizens domiciled in Great Britain and Ireland.. 138 when will admitted to probate.

144

who may propound.....

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witness, absent, to be accounted for; dispensing with testimony;

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proof, taking, by clerk or deputy clerk in Kings, Queens and West

proved, elsewhere within the state, recording.

heretofore; records, how far evidence.

record, as evidence...

book to be kept by surrogate.

141

before surrogate of another county or referee.

74

137

32

40

152

153

151, 153

16

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testimony relating to execution when witness resides in another county

74

transmission to secretary of state of certified copy of will of nonresident

19

trust created, by will, application of provisions to..

171

witness, absent, to be accounted for; dispensing with testimony; proof of handwriting..........

142

examination, before surrogate of another county or referee.

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committed for contempt, stay of proceedings on appeal from order.. 87

142

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proof of signature.

surrogate's power to subpoena.

S. C. A.

SECTION

.73, 74

74

141

284

142

20

74

142

73

77

118

118

testimony, before surrogate of county other than that in which action

Women

is pending

dispensing with

how taken

taken out of court by commission, filing.

administration, preference of men to letters over women.
preference of unmarried women over married...

CLEVENGER'S

NEW YORK CITY COURT PRACTICE

N. V. City

[L. 1920, Ch. 935, as amended, 1922.]

AN ACT in relation to the city court of the city of New York and the practice and procedure therein.

[In effect April 15, 1921.]

NEW YORK CITY COURT ACT

Article 1. Organization of court (§§ 1-4).

2. Officers of court (§§ 5–17).

3. Jurisdiction and powers (§§ 18-34).

4. Provisions relating to practice (§§ 35-45).

5. Special provisions for marine causes (§§ 46-56).

6. Summons and pleading (§§ 57-60).

7. Judgments (§§ 61, 62).

8. Costs and fees (§§ 63-67).

9. Appeals (§§ 68-78).

10. Application of supreme court practice; exceptions (§§ 79, 80).
11. Laws repealed; when to take effect (§§ 81, 82).

EDITORIAL NOTES

Revisers' General Note of 1920: The Joint Legislative Committee on the Simplification of Civil Practice recommends the adoption of a separate New York City Court Act. The act as proposed by the Committee contains the substance of the provisions included in the act proposed by the Board of Statutory Consolidation, except that the Committee has not re-enacted at length the provisions of the Code of Civil Procedure relating to appeals generally, which are now made applicable by reference to the New York City Court. This would involve the repetition in this act of about fifty

Section 1. Short title.

sections of the Code of Civil Procedure. The Committee is unable to see any greater reason for re-enacting these sections in the City Court Act than for re-enacting many other provisions applicable to all courts of record. These provisions will apply by their terms of appeals from judgments and orders of courts of record. The Municipal Court Code of the City of New York contains no provisions relating to appeals except a few specially applicable to that court, and yet appeals from its decisions are governed by the general provisions of the Code of Civil Procedure.

ARTICLE 1

ORGANIZATION OF COURT,

2. Constitution and powers of court.
3. Suspension of justices from office.

4. Designation of chief justice and powers.

§ 1. Short title. This act shall be known as the New York city court act.

EDITORIAL NOTES

Source: New; added by L 1920, ch 935.

See

2 RL 381-399, §§ 105-149; L 1819, ch 71, §1; L 1872, ch 629, § 1; L 1883, ch 26. Text in italics is new matter, added by L 1920, ch 935.

New York Constitutional references: Const Art 6, §§ 14. 18.

History of City Court: The City Court was created in 1797 under the name of the "Justices' Court of the city of New York"; it was reorganized in 1804, again in 1807, and in 1813 all statutes relating thereto were consolidated and revised by 2 RL 381-399, §§ 105-149, and such court made a court of record in certain cases. Its nanie was changed to the "Marine Court of the city of New York" by L 1819, ch 71, § 1. Such court was made a court of record "to and for all intents and purposes" by L 1872. ch 629, § 1. Its name was changed to the "City Court of the city of New York" by L 1883, ch 26.

Star (*) means read Not into HEADLINE in capitals. The special use herein of this simple device makes it possible to annotate alphabetically the precise point of every case by means of a headnote or Headline and a subnote_or Subline followed by a reading note. Each Headline is made from the text of the Section annotated, and is arranged in logical sequence. Each Subline indexes the subject matter of its reading note, and is arranged alphabetically. The Headline and the Subline with its reading note, taken together, state completely the precise point decided, and furnish both a logical analysis and an alphabetical index. The use of such device marks a distinct advance in the art of annotating statutes by avoiding the serious defect, heretofore found in all statutory annotations, of annotating the same or closely related matters under both affirmative and negative headings, like "Particulars granted" and "Particulars not granted," of dividing contrary

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