TITLE VI. Proceedings for the appointment of a committee of the person and of the property of a lunatic, idiot or habitual drunkard; general powers and duties

of the committee.

VII.- Proceedings for the disposition of the real property

SECTIONS

2320-2344

of an infant, lunatic, idiot or habitual drunkard.. 2345-2364 Arbitrations 2365-2386 Proceedings to foreclose a mortgage by advertisement. 2887-2409 X-Proceedings to change the name of an individual or

VIII.
IX.

corporation

poration
property

XI.- Proceedings for the voluntary dissolution of a cor

XII.-Proceedings supplementary to an execution against

XIII-To compel delivery of books to public officer.......

2410-2417

2419-2431

2432-2471

2471a

TITLE

CHAPTER XVIII.

Surrogates' Courts.

2472-2517

1. The surrogate and acting surrogate, and their powers
and duties. The surrogate's court, its officers and
their powers and duties; the surrogate's court
and its general jurisdiction....
II.- Special proceedings; pleadings, process and its serv-
Ice; appearance; trial by court or jury; taking
and preserving testimony; orders and decrees, their
effect and enforcement. Letters, their requisites,
effect, issue and revocation. Bonds and under-
takings, their requisites, approval, prosecution and
discharge. Sureties, their rights and obligations. 2518-2587
III.-Granting letters of administration. Probating and
construing wills. Issuing letters testamentary, and
ancillary letters testamentary and of administra-
tion. Appointment and qualification of testamen-
tary trustee. Appointment and qualification of
general, ancillary and testamentary guardians, and
guardian by deed. Annual accounts by such
guardians

IIIa.- Funds of estates to be kept separate.
IV.- Ascertaining assets and debts. Payment of debts and
legacies. Powers and duties of executors and ad-
ministrators. Mortgage, lease or sale of real
property for payment of debts, funeral expenses,
expenses of administration, and to satisfy charges
thereon, and for distribution....

V.- Accounting and judicial settlement. Effect and con-
tents of decree on judicial settlement. Costs,
their amount, allowance and payment. Fees of
appraisers, referees, jurors and witnesses. Com-
missions and allowances. Appeals, how and to
what court taken; undertaking and stay of execu-
tion. Probate of heirship. Definitions and ap-
plication of other sections......

CHAPTER XIX.

2588-2664

2664 a

2665-2718

2719-2771

Justices' Courts.

TITLE

1.- Jurisdiction and general powers..

2861-2875

II.- Commencement of action; appearance of parties;
provisional remedies

2876-2933

III.

Pleadings; including counterclaims, and proceedings'
upon answer of title...

2934-2958

X.-Action or special proceeding, relating to an animal

straying upon the highway..

3082-3115

XL-Provisions specially relating to courts of justices

of the peace in the city of Brooklyn.

3121-3133

CHAPTER XX.
Certain Courts.

TITLE I. The city court of the city of New York..

SECTIONS 3159-3194a

II. The mayor's court of the city of Hudson, and the
recorders' courts of the cities of Utica and Oswego. 3196-3202
The city court of Yonkers..

III.

3203-3206

IV.

V.

The district courts of the city of New York, and the
justices' courts of the cities of Albany and Troy..3207-3225a
The municipal court of the city of Rochester..

3226-3227

Condemnation Law.

Proceedings for the condemnation of real property.. 3357-3384
Proceedings for the sale of corporate real property. 3390-3397
Proceedings for enforcement of mechanics' liens on

real property

Proceedings to enforce lien on vessels...

3398-3419 3419-3441

THE

Code of Civil Procedure

of the

STATE OF NEW YORK.

AN ACT

Relating to Courts, Officers of Justice, and Civil Proceedings.

PASSED June 2, 1876; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows.

CHAPTER I.

General Provisions relating to Courts, and the Members and Officers thereof.

TITLE I.-The Courts of the State; their General Powers and Attributes and General Regulations pertaining to the Exercise thereof. TITLE II.-Provisions of General Application, relating to the Judges, and cos tain other Officers of the Courts.

TITLE I.

The courts of the State; their general powers and attributes, and general regulations pertaining to the exercise thereof.

Article 1. Enumeration and classification.

2. General powers and attributes of the courts.

3. Miscellaneous provisions relating to the sittings of the courts.

Sec. 1. Courts.

ARTICLE FIRST.

Enumeration and classification.

2. Courts of record enumerated.

3. Courts not of record.

4. General provisions as to jurisdiction, etc.

1. [Am'd, 1909.] Courts.

The courts referred to in this act, are enumerated in sections two and three of the judiciary law.

Amended by L. 1909, ch. 85, § 3. See note 26 of notes of Board of Statutory

§§ 2-3. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, §§ 2-3.]

§ 4. [Am'd, 1877.] etc.

General provision as to jurisdiction,

Each of those courts shall continue to exercise the jurisdiction and powers now vested in it by law, according to the course and practice of the court, except as otherwise prescribed in this act. Co. Proc.

10, and part of § 469.

ARTICLE SECOND.

General powers and attributes of the courts.

Sec. 5. The sitting of courts to be public.

6. Courts not to sit on Sunday, except in special cases
7. General powers of courts of record.

8. Criminal contempts defined.

9. Punishment for criminal contempts.

10. Such contempts in view of court; how punished, etc. 11. Requisites of commitment.

12. Preceding sections limited

13. Indictment, if offence is indictable,

14. Contempts; punishable civilly.

15. No punishment for non-payment of interlocutory costs.

16. Id. money due upon a contract.

17. Rules of courts of record, how made and revised.

18. Rules to be published.

19. Courts to order calendar printed.

20. Expense to be a county charge.

21. Certain papers may be destroyed.

22. Writs, etc., in name of the people, and in English; abbreviations. 23. Id.; teste and return.

24. Id.; to be subscribed or indorsed; when error, etc., not to vitiate. 25. No discontinuance by reason of vacancy, etc. $

26. In New-York and Brooklyn, continuance of proceedings commenced before judges.

27. Provisions respecting the seals of courts.

28. Seals of counties.

29. [Repealed.]

30. New seals.

5-6. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, §§ 4-5.]

7. General powers of courts of record.

A court of record has power:

1. To issue a subpoena, requiring the attendance of a person found in the State, to testify in a cause pending in that court; subject, however, to the limitations prescribed by law, with respect to the portion of the State in which the process of a local court of record may be served...

2. To administer an oath to a witness, in the exercise of the powers and duties of the court.

3. To devise and make new process and forms of proceedings, necessary to carry into effect the powers and jurisdiction possessed by it.

2 R. S. 276, § 1 (3 R. S., 5th ed., 468; 2 Edm. 287).

8-12. [Repealed by L. 1909, ch. 35.

tit. Judiciary Law, §§ 750-752, 754.]

13. [Repealed by L. 1909, ch. 88.

14. [Repealed by L. 1909, ch. 35.

tit. Judiciary Law, § 753.]

See Consolidated Laws,

See Penal Law, § 602.]

See Consolidated Laws,

15-16. [Repealed by L. 1909, ch. 14. See Consolidated Laws, tit. Civil Rights Law, §§ 20-21.]