LIMITATION- Continued:
of action against constable, except for escape..

......

upon statute, for penalty, etc., given to person aggrieved, etc....
against an executor, administrator, receiver or trustee, etc.
to recover damages for personal injury resulting from negligence.
for libel, slander, assault, battery, or false imprisonment.
upon statute, for forfeiture or penalty to the people......
against sheriff or coroner, except for non-payment of money, etc.
against any other officer, for escape..

....

by people, same as of private actions

....

......

...

SECTION

383

383

....

383

363

384

against non-resident, upon a demand barred by law of his residence.. 390
effect of death without the State of person liable, on
cause of action accruing between death and issuing of letters, etc..
on bank notes, etc., against moneyed corporations.
against directors, etc., of banks, etc.......
acknowledgment or new promise must be in writing
effect of disability on, in certain cases.....

rules as to, apply to defenses and counter-claims.
action, when deemed commenced, for purpose of.
attempt to begin action, when deemed commencement
absence from State, excluded from time of.
effect of death of person entitled, on....

within the State of person liable, on ......
time of war deducted, in suits by aliens, when
provision where judgment is reversed
stay by injunction, etc., to be deducted
by principal, for misconduct of agent, etc..
disability must exist when right accrues....
in several disabilities, no limitation till all removed
provision when action cannot be maintained without a demand.
provision in case of submission to arbitration....

.... ....

......

where action is discontinued, etc., after answer.............

........

objection as to, how taken in pleading
cases to which rules of limitation apply; exceptions.....
word "action," includes special proceeding, etc....
mode of computing periods of........

....

of time within which defendant served by publication, may be allowed to defend, 445
for which judgment binds real property

within which to move to vacate judgment for irregularity.

to set it aside for error in fact

to appeal from judgment of county court.

from order of county court

to general term of supreme, or superior city court, in action
therein.......

from an order in special proceedings,..

within which execution may issue...

1343

... 1351
1359

.....1375-1378, 1382

not to issue after death of judgment creditor... 1380
time of stay, etc, is not part of time limited for issuing of execution.......

of time to redeem real property sold under execution.

to appeal to court of appeals from final judgment..
from an order..

for applying for new trial in ejectment

time of disability not to form a part of such

1382
1446-1478

1325

1325

1525, 1526

.1527, 1528

1527, 1528, 1596

time that one is an infant, or insane, or imprisoned on criminal charge, not part
of time limited to bring action in .
in ejectment, rents and profits recoverable for term not exceeding six years.... 1531
of action for dower; time of certain disabilities excepted from...
against widow to determine claim for dower ....
against sheriff on claim of third person in action for chattel.
to annul marriage for impotence of either party
for divorce.

LIMITATION- Continued:

SECTION.

1844

1902

...... .... ..........

of action by creditor against next of kin of deceased.....
for causing death by negligence, etc............
effect of action against association, upon limitation of action against members, 1923
of action for public moneys by the people.

of time for unknown defendants, in action by attorney-general to recover real
property escheated or forfeited, to apply for leave to defend.
for review by writ of certiorari............

for application for discharge of judgment debtor imprisoned on execution, 2202

...... ....

.... ....

of time to appeal from decree or order of surrogate.....
time how reckoned upon successive letters testamentary, etc....

of time to apply for probate of will, as against purchaser in good faith.
in case of disability of devisee...........

of recovery against party revoking submission of controversy to arbitration.... 2385
of time for instituting supplementary proceedings......
presentation of petition in surrogate's court is commencement of proceedings,
as regards statute of.....

2435

2517

2572

2593

2628

2628

of time for presenting petition for revocation of probate of will..........
of time to apply to vacate decree on probate of heirship...

effect of statute of, on claim of executor, etc., against the estate.

2740

defence upon such proceedings arising under statute of.

of time for creditor to apply for disposition of real estate for payment of debts
of decedent.

effect of statute of, on claim of testamentary trustee against estate.

2750, 2751

2755

2811

for respondent to offer to compromise an appeal from justice's judgment, 3070
for appellant to except......

3070

to apply for surplus on sale of animal as a stray
to appeal from order in proceedings relating to......

3094

....

....3095, 3104

of action for seizing animals......

of time to appeal to general term of New York marine court.....

or wine not to be sold in court-house of court of record, except, etc.......
sale and use of, in jails, regulated.....

LIS PENDENS. (See NOTICE OF PENDENCY OF ACTION.)

proof required for judgment in action to establish lost or destroyed will...................
action upon lost negotiable paper..

361

2

1865

proof required on probate of lost or destroyed will..
id.; on settlement of executor's account in case of loss of voucher......
surrogate may allow executor for loss, etc., of property....
testamentary trustee for loss of property, etc.
guardian for loss, etc., of property.

...... ......

proof of judgment of justice in case of loss, etc., of docket-book..

LUNACY:

definition of....

LUNATIC:

committee of lunatic or idiot may apply to court for authority to agree to par-
tition......

contents of petition on such application..
court may authorize partition...

LUNATIC—Continued:

effect of releases executed thereunder.....

SECTION

1593

time of disability not to be counted as part of limitation, in action for dower.... 1556
action to compel the determination of a claim to real property cannot be main-
tained against.....

action to annul marriage by.....

1638

1743, 1747, 1748, 1755

2320-2321

2345

2346

2347

proceedings for appointment of committee of. (See COMMITTEE.)
duty of court as to safe-keeping, maintenance and education of...
action to compel conveyance of real property of....
who may maintain such action....

judgment; effect thereof.

......

......

....

application to sell, etc., real property of. (See COMMITTEE.)

submission of controversy to arbitration cannot be made, where one party is.... 2365
effect of appointment of committee for, upon proceedings to submit controversy
to arbitration; proceedings thereupon...

......

...... ...... ....

....

2382

.2330, 2531

2651

appointment of special guardian for, in surrogate's court.
testimony taken on probate of will may be used on hearing for revocation of
probate, when witness has become..
remaining executors, etc., may act, when one becomes...
proceedings on appeal from justice's judgment, when justice has become, etc... 3056
definition of....

action for, cannot be maintained in district courts of New York............ ............ .........
id.; as to justices' courts of Albany and Troy....
is included in term, "personal injury" in the new revision.......... ............ .................. 3343, sub. 9

MALPRACTICE:

...

motion to set aside writ of, when and where to be made....
contents of alternative, demurrer thereto.
form and contents of return...........

....

..... ..................

.......

further return cannot be compelled; demurrer to return
issue of fact in, when it arises; how and where triable..
certain provisions as to pleadings apply to....
neither writ nor return need be verified....
cannot be amended without special application.

.......

.... ....

....

2080

.... 2080

issue of law upon general term mandamus; how and where triable......
costs may be awarded.

......

appeals in mandamus proceedings....

....

proceedings not stayed by appeal, except, etc..
when relator to recover damages in such proceedings..
stay of proceedings; enlargement of time..
fine may be imposed in certain cases.

MANDATE:

...

.2083, 2084

...... 2085

................

2086

172-181

of court of record, disobedience or resistance to, is a criminal contempt........
duties of sheriff, as to service and execution of .

(See, also, PROCESS.)

......

duty of coroner, as to service and execution of..
requisition upon sheriff to replevy a chattel, deemed one.
certain mandates not to be inquired into, in proceedings for discharge of pris-

when may be executed by private person, etc...
when directed, etc., to constable, must be executed by him, 3157
sheriff to act, when execution of mandate resisted....... 3158
....3343, sub. 20

...

certain provisions concerning execution of, apply to civil prisoners only.

chief-justice, how designated; his general powers and duties..
justices may make rules of practice.............
when open; routine of business, etc., at terms....
terms, where held; publication of appointment of terms..
justices may take oaths, acknowledgments, etc..
order or warrant of attachment in, who may grant.
clerk, deputy-clerk, and assistants.
stenographers
interpreters

...... ....

.... ...... ........

3347

317

2

191

315-317

318

.... ....

319

320

321

322

...... ....

323

324

325

326

327

may order bond taken for the benefit of a private person to be prosecuted.
clerk to keep docket-book; duty as to.....

814

1245-1272

application of provisions concerning courts of record, limited....
certain provisions not applicable to the court.....
time for service of notices in....

.... ....

.... ....

may order discharge of levy of execution, on appeal from judgment.....
where action to foreclose a lien upon a chattel is brought in, warrant to seize it
may be granted.....

1311

1738

3159

.................... ...... ...

...............

........

when guilty of perjury..
clerk may appoint attendants, etc.....

clerks, interpreter, etc., not to receive fees.....

suspension of an officer of the court.

.....

....

....

when court may relieve from imprisonment.
money; how paid into the court....

summons; when defendant must answer.... ...... ....

MARINE COURT OF THE CITY OF NEW YORK—Continued:

SECTION

service of notice of trial; note of issue.....

3163

3163

3154

3165

3166

3167

3168

3169

....... .....

... 3170

... 3171

... 3172

time of service of copy of pleading......

enforcement of certain judgments for working women......
time for non-acceptance and justification of bail .... .... ......
proof necessary to obtain warrant of attachment....

service of summons without the city, or by publication..
commission to take testimony.

.......... .......

court may refer question arising upon a motion.

time for filing decision upon a trial by the court; id.; when decision sufficient, 3173
counter-claims

perishable property may be sold.

portion of verdict, etc., may be remitted, judgment for residue....
arrest in certain marine causes; may regulate by rules......

3174

3175

3176

3177

3178

3179

3180, 3181

3182

when and how defendant to remain in custody, 3183
return of summons, etc.....

proceedings after return; trial by jury.........
trial....

.......

3184
... 3185

3186

time to appeal from order; proceedings thereupon.
appeal from general term to common pleas; in what cases; proceedings
regulated....

id.; within what time; where heard.......

determination upon appeal, how enforced; judgment absolute given where new
trial has been properly granted below; appeal to court of appeals.....3194, 3195
amount of costs for procuring order of arrest in

on adjournment of action in

...... ....

when non-resident of city may be required to file security for costs in
action in.....

3251

3255

.3268, 3269

3347

application of portions of this act to actions in this court on and after
September 1, 1880.

clerk of, general duties of. (See CLERK; COUNTY CLERK.)

MARRIAGE:

mitigating circumstances, proof of, in action for breach of promise of
arrest in action for breach of promise of.

of plaintiff, court may order action abated, upon..
certificate, record, etc., of, is presumptive evidence.
reference by consent not made of course in action to annul....
referee, to whom all parties object, may be appointed in such action.....
judgment, how taken in action to annul, etc..
right of parties to remarry after divorce for adultery.
(See, also, DIVORCE; SEPARATION; ISSUE; ACTION TO ANNUL A MARRIAGE.)

MARRIED WOMAN:

...... ....................

..........

action by and against, how brought; when husband not proper party.....
when may and may not be witness for or against her husband..................................
judgment for or against, how enforced.................................... ............ ..................
may confess judgment as if single.

entitled to same exemptions from execution as a householder..
exemption of homestead of, etc

may release to her husband inchoate right of dower, in property in partition.... 1571
damages recovered by, in action for slander, separate property of.
appointment of general guardian for infant married woman......... 2821, 2822, 2824
general guardian of the person of, not to be appointed.
(See DOWER.)