AS TO AGE OF INFANT EMPLOYEE; see Children, §§ 27-28.

OF AGE OF JUDGE; see Judges, § 9.

BY ANALYST OR CHEMIST; see Agricultural Law, § 6.

OF APPORTIONMENT OF SCHOOL MONEYS; see Consolidated School Law, §§ 30, 33.

TO APPRENTICES; see Domestic Relations Law, §§ 71, 72.

DESCRIBING ASSEMBLY DISTRICTS; see Constitution, § 29.

UPON ATTACHMENT, SHOWING PROPERTY HELD BY THIRD PERSON; see Attachment, §§ 15, 16.

OF ATTENDANCE OF CONSTABLE OR DEPUTY SHERIFF AT COURT; see Constable, § 5.

OF AUTHORITY TO TAKE ACKNOWLEDGMENTS, ETC.; see Executive Law, §§ 82, 88; Real Property Law, §§ 260-262.

OF AUTHORIZATION TO COMMENCE BUSINESS; see Banking Law, §§ 12, 49, 62, 104–107; Insurance Law, §§ 6, 119, 239d.

OF AUTHORIZATION OF FOREIGN CORPORATION TO DO BUSINESS WITHIN THIS STATE; see Banking Law, §§ 31, 32, 205; Corporations, §§ 15, 16; Insurance Law, §§ 9, 25-34, AUTHORIZING REMOVAL OF BODIES; see Religious Corporations Law, § 8.

232.

OF BAKERY INSPECTORS; see Food, § 8.

OF BIRTHS AND DEATHS; see Public Health Law, §§ 22, 23.

OF BOARD CONTROLLING CHARITABLE OR OTHER INSTITUTIONS; see Condemnation Law, $2.

OF BOARD OF EXAMINERS OF HORSESHOERS; see Cities, SS 34, 35.

OF PLUMBERS; see Cities, 53-62.

AS TO BOUNTY FOR KILLING WILD ANIMALS; see Fisheries, etc., Law, §§ 54, 55.

OF CANCELLATION OF BANK NOTES; see Banking Law, § 68.

OF CANCELLATION AND REISSUE OF BONDS; see Municipal Law, § 7.

OF CHANGE OF PLACE OF BUSINESS; see Stock Corporations Law, $ 59.

OF CHANGE OF QUALIFICATIONS OF WARDENS, ETC.; see Religious Corporations Law, § 36.

OF CHANGE OF TIME FOR ELECTION OF TRUSTEES; see Cemeteries, etc., § 9.

OF CHARTERS BY ATTORNEY-GENERAL; see Attorney-General; Insurance Law, §§ 10, 11. OF CHEMIST AS TO FERTILIZER; see Domestic Commerce Law, § 381.

OF CIVIL SERVICE COMMISSION; see Civil Service, § 7.

TO COLLECTORS OF BIRDS, ETC.; see Fisheries, etc., Law, $$ 83-85.

BY COMMISSIONER TAKING DEPOSITIONS; see Depositions, § 32.

OF COMMISSIONERS TO OPEN HIGHWAYS; see Highway Law, §§ 84, 86, 88.

AS TO COMPLETION OF ROAD OR BRIDGE; see Transportation Corporations Law, § 129.

OF PUBLIC IMPROVEMENT; see Town Law, § 261.

OF COMMUTATION OF IMPRISONMENT; See Prisons, § 171.

OF CONVICTION; see Disorderly Persons, §§ 10, 11; Trials, §§ 357-360, 384; Vagrants, §§ 4, 5.

BY CORPORATIONS DOING BUSINESS OUTSIDE OF UNITED STATES; see Stock Corporation Law, § 30.

OF DEMAND AND PROTEST; see Evidence, § 46.

OF DEPOSIT; see Banking Law, § 56; Insurance Law, § 9; Interest, § 18.

BY DIRECTOR OF CORPORATION FAILING TO REPORT; see Stock Corporation Law, § 30. DISCHARGING APPRENTICE; see Domestic Relations Law, §§ 77e, 77g.

OF DISCHARGE OF LIEN; see Mechanics' Liens, § 62.

AS TO DISQUALIFICATION OF SURROGATE; see Surrogates' Courts, §§ 14-16.

AS TO DRAINAGE CONTRACTS; see Drainage, §§ 64, 65.

EFFECT OF, AS EVIDENCE; see Agricultural Law, § 6; Banking Law, § 65; Corporations, S9; County Law, § 119; Evidence, §§ 44-46, 51, 56-62, 66-68, 71, 72, 75, 78; Domestic Relations Law, 16; Drainage, § 64; Insurance Law, 4; Partnership, § 32; Trials, § 360; Villages, §§ 141, 142; and see infra, Certified Copies.

BY ELECTION OFFICIALS; see Consolidated School Law, § 54; Corporations, § 26; Election Law, §§ 9, 35, 140, 233; Military Code, § 309; Villages, $$ 141, 142.

OF ENGINEER AS TO COUNTY ROADS; see Highway Law, § 164j.

OF EXECUTION OF DEATH PENALTY; see Death Penalty, 17, 18.

OF EXEMPTION FROM JURY DUTY; see Military Code, § 265; Trials, §§ 104, 105.

OF EXTENSION OF CHARTER; see Corporations, § 32.

OF FAIR OR TROTTING ASSOCIATIONS; see Horses, § 8.

FALSE STATEMENTS IN; see Election Law, §§ 251, 252; Evidence, § 83; Forgery, § 4; Partnership, 8; Perjury, §§ 1, 5; Public Officers Law, §§ 116, 117; Stock Corporation Law, § 31; Trials, § 139; University Law, § 33.

BY FENCE VIEWERS; see County Law, §§ 119, 120; Distress, §§ 3, 4.

FORGERY OF; see Forgery, SS 3, 5, 15.

BY APPELLATE DIVISION, ON APPEAL; see Court of Appeals, § 1.

BY GOVERNOR; see Board of Claims, § 33; Constitution, § 39.

OF INCAPACITY, BY COUNTY JUDGE; see County Courts, § 4.

OF INCORPORATION; see Corporations, §§ 3-9, 20; Evidence, § 87; Insurance Law, $ 70; Membership Corporations Law, SS 31, 41, 54, 65, 120, 140; Railroad Law, § 21; Religious Corporations Law, § 3; Tax Law, § 180.

OF INDEBTEDNESS; see Banking Law, $ 75, 76, 92; Drainage, § 26; Membership Corporations Law, § 54; Municipal Law, § 2; Villages, §§ 113, 211.

OF INSPECTION, ETC.; see Transportation Corporations Law, § 134.
OF INSURANCE AGENTS; see Insurance Law, § 54.

BY JUDGE, AS TO COSTS; see Costs, § 43.

OF LUNACY; see Insanity Law, §§ 60-62.

BY MAGISTRATE AGAINST CORPORATION; see Corporations, §§ 192, 193.

OF MARRIAGE; see Evidence, § 51; Domestic Relations Law, §§ 14-17; Public Health Law, §§ 22, 23.

OF MAYOR, ON LEGISLATIVE BILLS RELATING TO HIS CITY; see Cities, §§ 3, 44, 45.

OF MEDICAL SOCIETIES; see Medical Societies, § 48.

OF NAMES OF PERSONS INTERESTED WITH INDIVIDUAL BANKER; see Banking Law, § 65. OF NATURALIZATION; see Naturalization.

OF NEGLECT TO MAKE REPORT; see Stock Corporation Law, § 30.

OF NOMINATIONS; see Election Law, §§ 56–58, 66.

OF OBJECTION BY DIRECTOR TO DECLARING DIVIDENDS; see Stock Corporation Law, § 23. OF OFFICIAL ACTS; see Evidence, §§ 44, 45.

AS TO PARK AND LIBRARY ASSOCIATIONS; see Villages, § 222.

BY PARTNERSHIPS; see Partnership, §§ 4-8, 25-27, 31-33.

OF PAYMENT OF MORTGAGE TO STATE; see Comptroller, $$ 44-47.

BY PHYSICIANS; see Children, § 2; Insanity Law, §§ 60-62, 74; Public Health Law, § 203; State Charities Law, § 83c; Trials, § 139.

OF PROCEEDINGS TO CHANGE NUMBER OF DIRECTORS; see Stock Corporation Law, § 21. OF PROCEEDINGS FOR DIMINISHING CAPITAL STOCK; see Stock Corporation Law, § 46. OF PROBATE; see Wills, §§ 52, 56.

OF QUALIFICATION, ETC.; see Sheriff, §§ 20-22; Town Law, §§ 51, 57, 58, 83.

BY RAILROAD COMMISSIONERS; see Railroad Law, § 128.

BY RAILROAD OR STEAMBOAT SUPERINTENDENT; see Domestic Commerce Law, § 29.

OF REASONABLE DOUBT, FOR STAY ON APPEAL; see Appeals, §§ 82-–86.

ON REDEMPTION OF LANDS, ETC.; see Executions, §§ 91-93, 104, 110, 111, 113; Tax Law, $ 264.

OF REGENTS, AS TO PUBLIC ACCOUNTANT; see Public Accountants.

AS TO VETERINARY; see Public Health Law, §§ 173-179d.

OF REGISTRY OF BOATS; see Canal Law, §§ 162, 163.

OF RESIDENCE, BY COUNTY JUDGE; see Blind, § 8.

OF RESIDENCE OF INDIVIDUAL BANKER; see Banking Law, § 42.

OF RESISTANCE TO MANDATE; see Sheriff, § 10.

OF RESULT OF EXAMINATION OF ASSETS BY SUPERINTENDENT; see Banking Law, § 17.
OF SALE, ETC.; see Drainage, § 13; Executions, $$ 79, 80, 89, 113; Mortgages, § 24; Public
Lands Law, $$ 34, 35; Sheriff, § 28, subd. 9; State Funds, §§ 172, 179; Tax Law,
S$ 131, 252, 253.

OF SATISFACTION; see Executions, § 104; Mechanics' Liens, § 54.

OF SCHEDULE OF FINES; see Fines, etc., § 1.

OF SCHOOL ATTENDANCE; see Consolidated School Law, §§ 325, 326.

BY SCHOOL COMMISSIONER AS TO RECUSANT WITNESS; see Consolidated School Law, § 69.

TO SCHOOL TEACHERS; see Consolidated School Law, §§ 11-13, 68, 122, 224, 279.

BY SECRETARY OF STATE ON CHANGE OF CORPORATE NAME; see Names, § 2.

OF SERVICE OF PAPERS; see Actions, § 22; Comptroller, § 22.

OF STATE ENGINEER AS TO COMPLETION OF BRIDGE; see Highway Law, § 145.

OF STATUTES, ETC.; see Evidence, § 55; Legislative Law, §§ 40, 41, 476; 48a; Villages, § 155.

STAYING PROCEEDINGS BEFORE MAGISTRATE; see Courts of Special Sessions, §§ 2-4.

OF STOCK; see Banking Law, § 56; Comptroller, § 17; Insurance Law, § 154; State Funds, § 74; Stock Corporation Law, §§ 47, 50, 51.

OF SUPERINTENDENT OF BANKING DEPARTMENT; see Banking Law, $$ 30, 31.

OF SUPERINTENDENT OF INSURANCE DEPARTMENT; see Insurance Law, § 297.

AS TO CORRECTNESS OF SURVEYOR'S CHAIN OR MEASURE; see Domestic Commerce Law, § 17a.

OF TAXES DUE; see Tax Law, § 107.

OF TRADEMARK ON COMMERCIAL FERTILIZERS; see Domestic Commerce Law, § 33.

BY TRUSTEES OF INSOLVENT DEBTOR; see Insolvency, $$ 30, 31.

OF VETERINARY, AS TO DISEASED CATTLE; see Agricultural Law, § 64; Public Health Law, $ 63.

FOR CERTIFICATES OF INCORPORATION AND OTHER CERTIFICATES FILED BY CORPORATIONS; see also UNDER THE TITLES OF THE SEVERAL CORPORATIONS, AND Corporations. Also see County Law; Secretary of State AND OTHER OFFICIALS.

Certified Copies.

OF ACCOUNT STATED BY COMPTROLLER; see Comptroller, §§ 24, 27, 28, 31.

BY ADJUTANT GENERAL; see Military Code, § 33.

OF AFFIDAVITS AND CONSENT TO EXTEND CHARTER; see Corporations, § 9.

OF APPOINTMENT OF NOTARY; see Executive Law, § 82.

OF ARTICLES OF INCORPORATION; see Corporations, § 3.

OF ASSESSMENT ROLLS, ETC.; see Tax Law, §§ 251, 252; Villages, § 144.

OF BILLS RELATING TO CITIES; see Cities, §§ 1, 3, 4, 44, 45.

OF BOND OF CONSTABLE; see Town Law, § 54.

OF CANAL DOCUMENTS AND MAPS; see Board of Claims, § 27; Canal Law, §§ 4, 5; State Funds, 61.

OF CERTIFICATES OF INCORPORATION, OR PAYMENT OF CAPITAL STOCK, ETC.; see UNDER THE TITLES OF THE SEVERAL CORPORATIONS, AND Corporations.

BY CLERK OF BOARD OF CLAIMS; see Board of Claims, SS 7, 27, 31.

BY CLERK OF BOARD OF SUPERVISORS; see Evidence, § 56.

OF CORPORATION BY-LAWS; see Insurance Law, § 173.

OF CORRECTIONS OF GRANTS TO RELIGIOUS SOCIETIES; see Religious Corporations Law, § 10.

BY COUNTY CLERK, ETC.; see County Law.

OF COUNTY RECORDS; see County Law, $ 26.

OF COURT DECISIONS; see Supreme Court Reporter, § 4.

OF DECLARATION OF INTENTION TO BECOME A CITIZEN; see Real Property Law, § 4.

OF DESIGNATION FOR SERVICE OF PROCESS; see Justices' Courts, § 20.

OF DOCUMENTS FILED WITH RAILROAD COMMISSIONERS; see Railroad Law, §§ 165, 167.

DUTY TO MAKE; see Evidence, § 83; Fees, 11.

OF ENTRIES OF VOTES FOR RAISING TOWN MONEYS; see Town Law, § 83.

FORM AND EFFECT OF; see Evidence, §§ 56-62, 64, 66-68, 70-72, 75-83; Statutory Construction Law, § 13.

OF JUDGMENTS AND FINAL ORDERS; see Appeals, §§ 102, 104; Habitual Criminals, 5; Mandamus, 16.

OF JURY LISTS; see Trials, §§ 118, 119.

OF LEASES OF SALT MANUFACTURING LOTS; see Salt Springs Law, § 36.

OF LEGISLATIVE RECORDS; see Legislative Law, §§ 22, 42.

OF MARKS ON TIMBER; see Timber, § 16.

OF MARRIAGE CERTIFICATE; see Domestic Relations Law, $ 16, 17; Evidence, § 51.

OF MORTGAGE; see Canal Law, § 194; State Funds, SS 124, 153.

OF NOTICE OF LIEN; see Canal Law, § 190; Mechanics' Liens, § 38.

OF Order APPOINTING COMMITTEE OF LIFE CONVICT; see Insolvency, § 84.

OF ORDER AUTHORIZING CONSTRUCTION OF BRIDGE; see Transportation Corporations Law, § 123.

OF ORDER CONDEMNING LAND; see Condemnation Law, §

OF ORDER FOR PAYMENT OF MONEY; see Payment, etc., 9.

OF PAPERS FILED WITH COMPTROLLER AND STATE ENGINEER AND

Evidence, 56.

SURVEYOR; see

OF RECORDS OF CAUSE REMOVED TO SUPREME COURT; see County Courts, § 6.
OF RECORDS, ETC., IN FOREIGN COUNTRIES; see Executive Law,

OF REGISTRATION OF PARTNERSHIPS; see Partnership, 27, 32, 33.

OF REGISTRATION BOOKS; see Election Law, § 35.

87-89.

OF RULES OF HEALTH BOARD AND AFFIDAVIT OF PUBLICATION; see Public Health Law, $ 70.

BY SECRETARY OF STATE; see Evidence, § 56; Executive Law, § 26; Real Property Law, 246; State Law, 44.

OF SENTENCE; see Prisons, § 71.

OF STATEMENTS OF VOTES; see Election Law, $ 111, 135.

BY TOWN CLERK; see Town Law, § 83.

CERTIFIED PUBLIC ACCOUNTANTS.

See Public Accountants.

1

CERTIORARI.

Person served must obey and return writ. A person upon whom a writ of certiorari, issued as prescribed in this title,* is served, must, in like manner, upon payment or tender of the fees allowed by law for making a return to the writ, and for copying the warrant, or other process or proceeding, to be annexed thereto, obey and return the writ, according to the exigency thereof. Code Civ. Pro., § 2005.

47 N. Y. 415; 45 id. 776: 43 Barb. 239: 76 Hun, 119; 64 id. 375; 8 Misc. 152; 46 N. Y. St. R. 471; 57 id. 377; 59 id. 463; 19 N. Y. Supp. 773; 27 id. 821.

Certiorari, to Review the Determination of an Inferior Tribunal.

2 When may be issued. The writ of certiorari regulated in this article, except the writ specified in section 2124 of this act, is issued to review the determination of a body or officer. It can be issued in one of the following cases only:

106 N. Y. 671.

1. Where the right to the writ is expressly conferred, or the issue thereof is expressly authorized, by a statute.

32 Barb. 131; 49 Hun, 481.

* Code Civ. Pro., §§ 1991-2148.

This subject, §§ 2-30.

2. Where the writ may be issued at common law, by a court of general jurisdiction, and the right to the writ, or the power of the court to issue it, is not expressly taken away by a statute. Code Civ. Pro., § 2120.

11 Wend. 90; 22 id. 132; 24 id. 249; 5 id. 98; 6 id. 564; 2 Hill, 14; 1 id. 195; 33 Barb. 344; s. c. 12 Abb. Pr. 88; 32 Barb. 131; 43 id. 232; 44 id. 467; 65 id. 170; 14 Hun, 183; 18 id. 175, 530; 19 id. 441; 20 id. 73; 9 id. 212; 49 id. 481; 44 id. 172; 68 N. Y. 403; 55 id. 600: 112 id. 608; 147 id. 334; 7 Alb. L. J. 220; 6 Abb. N. C. 474; 6 id. 43; 14 id. 493; 3 Den. 228; 2 Cai. 182; 16 Johns. 49; 9 W. D. 229; 14 Abb. N. C. 495; 19 Civ. Pro. 318; 58 Hun, 595; 72 id. 354; 35 N. Y. St. R. 413; 38 id. 730; 55 id. 453; 69 id. 693; 70 id. 844; 2 N. Y. Supp. 557; 6 id. 231; 12 id. 562; 15 id. 29.

3 When may not. A writ of certiorari cannot be issued, to review a determination, made, after this article* takes effect, in a civil action or special proceeding, by a court of record, or a judge of a court of record. Code Civ. Pro., § 2121.

143 N. Y. 160; 62 N. Y. St. R. 190; 68 id. 280; 3 N. Y. Supp. 142, 793; 4 App. Div. 544. 4 Same. Except as otherwise expressly prescribed by a statute, a writ of certiorari cannot be issued, in either of the following cases:

1. To review a determination, which does not finally determine the rights of the parties, with respect to the matter to be reviewed.

20 Johns. 80; 4 Wend. 213; 11 Abb. Pr. 398; s. c. 20 How. Pr. 167; 43 Barb. 232; 3 Hun, 549; s. c. 5 T. & C. 609; 2 Hun, 152; s. c. 4 T. & C. 438; 28 Hun, 328; 10 W. D. 427; 23 id. 410; s. c. 104 N. Y. 370; 14 Abb. N. C. 495; 60 Hun, 225; 4 App. Div. 265. 2. Where the determination can be adequately reviewed, by an appeal to a court, or to some other body or officer.

2 Wend. 287; 11 id. 90; 6 id. 564; 5 How. Pr. 378; 3 T. & C. 224; 2 Hill, 415; 2 Hun, 152; s. c. 4 T. & C. 438; 28 Hun, 328; 49 id. 481; 1 Hill, 674; 57 Hun, 280; 61 id. 53; 32 N. Y. St. R. 650; 36 id. 1004; 38 id. 22, 730; 39 id. 610; 42 id. 274; 4 App. Div. 265. 3. Where the body or officer, making the determination, is expressly authorized, by statute, to rehear the matter, upon the relator's application; unless the determination to be reviewed was made upon a rehearing, or the time within which the relator can procure a rehearing has elapsed. Code Civ. Pro., § 2122.

37 Barb. 126; 12 N. Y. Supp. 562; 88 Hun, 451; 129 N. Y. 543; 32 N. Y. St. R. 543; 33 id. 29; 35 id. 413; 39 id. 615, 739; 68 id. 279, 280; 2 N. Y. Supp. 557; 3 id. 142, 793; 10 id. 512, 788; 11 id. 246; 13 id. 455; 14 id. 859; 15 id. 29, 447, 714; 34 id. 592. 5 When issued from supreme court. A writ of certiorari can be issued only out of the supreme court; except in a case where another court is expressly authorized by statute to issue it. Code Civ. Pro., § 2123, as am'd L. 1895, c. 946.

32 N. Y. St. R. 543.

6 Same: appellate courts. Any court of record, exercising jurisdiction of an appellate nature, may issue a writ of certiorari, requiring the body or officer whose proceedings are under review, to make a return to the court issuing the writ, at a time and place, fixed by the court, and designated in the writ, for the purpose of supplying any diminution, variance, or other defect, in the record or other papers, before the court issuing the writ, in any case where justice requires. that the defect should be supplied, and adequate relief cannot be obtained by means of an order. Code Civ. Pro., § 2124.

6 Lans. 149; 3 Sandf. 593; 7 Abb. Pr. 271; 3 Johns. 23; 32 N. Y. St. R. 543; 42 id. 23; 69 id. 693; 16 N. Y. Supp. 706.

7 Limitation of time for review. Subject to the provisions of the next section, a writ of certiorari to review a determination must be granted and served, within four calendar months after the determination to be reviewed becomes final and binding, upon the relator, or the person whom he represents, either in law or in fact. Code Civ. Pro., § 2125.

22 Hun, 515; s. c. 11 W. D. 162; 47 Hun, 407, 408; 22 Civ. Pro. 116; 126 N. Y. 360; 64 Hun, 205; 82 id. 1; 4 Misc. 6; 32 N. Y. St. R. 543; 37 id. 394; 39 id. 739; 45 id. 271; 46 id. 99; 49 id. 48, 739; 53 id. 719; 63 id. 298; 69 id. 622; 3 N. Y. Supp. 142, 793; 4 id. 820; 5 id. 308; 11 id. 323; 15 id. 447; 18 id. 444; 19 id. 56, 907; 20 id. 920, 944; 23 id. 689; 30 id. 1107.

8 Same: in case of disability. The appellate division of the supreme court, may grant the writ at any time within twenty months after the expiration of the time limited in the last section, where the relator, or the person whom he repre* This subject, §§ 2-30.

sents, was, at the time when the determination to be reviewed became final and binding upon him, either

1. Within the age of twenty-one years; or

2. Insane; or

3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life. Code Civ. Pro., § 2126, as am'd L. 1895, c. 946.

22 Hun, 515; s. c. 11 W. D. 162; 126 N. Y. 360; 32 N. Y. St. R. 543; 37 id. 394; 3 N. Y. Supp. 142, 793.

9 Application for writ; where and how made. An application for the writ must be made by, or in behalf of, a person aggrieved by the determination to be reviewed; must be founded upon an affidavit, or a verified petition, which may be accompanied by other written proof; and must show a proper case for the issuing of the writ. It can be granted only at a term of the appellate division of the supreme court, or at special term; and the granting or refusal thereof is discretionary with the court. Code Civ. Pro., § 2127, as am'd L. 1895, c. 946.

10 How. Pr. 181; 2 Hun, 70; 4 T. & C. 289; 52 N. Y. 445; 53 id. 547; 77 id. 605; 104 id. 369, 370; s. c. 23 W. D. 410; 6 Abb. Pr. 151; 6 East. Rep. 554; s. c. 102 N. Y. 630, 635; 23 W. D. 569; 126 N. Y. 497; 135 id. 245; 76 Hun, 146; 82 id. 338; 32 N. Y. St. R. 543; 37 id. 115, 793; 48 id. 239, 433; 57 id. 305; 64 id. 98; 10 N. Y. Supp. 512; 13 id. 188.

10 Notice of same. Until provision is made, in the general rules of practice, for requiring, or dispensing with notice of the application for the writ, the court, to which the application for the writ is made, may, in its discretion, require or dispense with notice. A notice, when it is necessary, must be served, with copies of the papers upon which the application is to be made, upon the body or officer, whose determination is to be reviewed, or upon such other person as the court directs, as prescribed in this article* for the service of a writ of certiorari. The service must be made, at least eight days before the application, unless the court, by an order to show cause, prescribes a shorter time. Where notice is given, the person served may produce affidavits or other written proofs, upon the merits, in opposition to the application. Code Civ. Pro., § 2128.

17 Abb. Pr. 112; 16 Hun, 461; 1 Hill, 195; 2 id. 398; 21 Barb. 656; 12 Wend. 292; 23 id. 277, 284; 32 N. Y. St. R. 543.

11 Writ, to whom directed. The writ must be directed to the body or officer, whose determination is to be reviewed; or to any other person having the custody of the record or other papers to be certified; or to both, if necessary. Where it is brought to review the determination of a board or body, other than a court, if an action would lie against the board or body, in its associate or official name, it must be directed to the board or body, by that name; otherwise. it must be directed to the members thereof, by their names. Code Civ. Pro.,

§ 2129.

7 Alb. L. J. 220; 30 N. Y. 72; 45 id. 772; 97 id. 37, 43; 6 Abb. Pr. 151, 161; 2 Hill, 14; 49 Barb. 136; 25 W. D. 154; 30 Hun, 394, 395; 42 id. 242; 121 N. Y. 551; 80 Hun, 486; 31 N. Y. St. R. 894; 32 id. 543; 62 id. 395; 2 N. Y. Supp. 117; 5 id. 309; 10 id. 512; 30 id. 494; 37 id. 168; 1 App. Div. 787.

12 How served. A writ of certiorari must be served as follows, except where different directions, respecting the mode of service thereof, are given by the court granting it:

1. Where it is directed to a person or persons by name, or by his or their official title or titles, or to a municipal corporation, it must be served, upon each officer or other person, to whom it is so directed, or upon the corporation, in the same manner as a summons in an action brought in the supreme court, except as prescribed in the next two subdivisions of this section.

2. Where it is directed to a court, or to the judges of a court, having a clerk appointed pursuant to law, service upon the court, or the judges thereof, may be made by filing the writ with the clerk.

This subject, §§ 2-30.