UNITED STATES-continued.

prisoner detained by virtue of mandate of court or judge of, not entitled to habeas corpus, 2016.

prisoner held under mandate of court of, must be remanded on habeas corpus, 2032.

legality, etc., of such mandate not to be inquired into, 2034.

proceedings on taking lands by, 2119.

debtor to, cannot be discharged from imprisonment on execution upon his application, 2218.

corporation created by, is domestic, 3343.

UNKNOWN-persons or names, how designated in summons, 451.

defendant in partition; notice to be served or published. 1541. party in partition must be mentioned in complaint, 1542.

defendant, costs against, in partition; execution therefor, 1559.

defendants in partition, protection of rights of, 1572.

absent owners, shares of, after sale in partition, how disposed of, 1582. compensation to equalize partition cannot be awarded against unknown parties, 1587.

claimants may be made defendants in action to recover real property escheated or forfeited, 1979.

effect of judgment in such action, against such claimants, 1980.

citation to unknown parties, in surrogates' courts, 2518.

service upon, party, of citation in surrogates' courts, 2523-2525.

how defendant, whose name is unknown, is designated in justice's summons, 2884.

legacy, etc., to unknown person to be paid into the State treasury; claims thereto, 2747.

USURPER-of office, action by attorney-general against, 1948.

proceedings in such action; trial, 1949, 1950.

person declared entitled to office by judgment may assume same, 1951.

proceedings to compel delivery of books, etc., after refusal, 1952.

of office, damages may be recovered in action against, 1953.

one such action may be brought against several claimants, 1954.

final judgment in action for usurping office, 1956.

such action must be brought in the name of the people, 1984.

judgment for costs against, in favor of people, may be collected by execution, etc., when, 1987.

USURY--assignment of cause of action for, 1911.

UTICA, RECORDER'S COURT OF--is court of record, 2. civil jurisdiction prescribed, 3196.

pending actions to be transferred to supreme court, 3197. id.; papers to be transmitted to county clerk, 3198.

power of supreme court in actions so transferred, 3199.

proceedings in case of judge's disability, 3200.

survice of subpoena, 3201.

jurisdiction, etc., of judges in certain actions not affected, 3202.

V.

VARIANCE--between pleading and proof, 539, 540. between summons and complaint, 721.

immaterial, to be disregarded, in justice's court, 2943.

VENIRE--on trial before justice of the peace, 2991-2993. id.; new venire in case of disagreement of jury, 3008.

VERDICT--general rule as to, 1185-1189.

may be received on Sunday, 6.

defects cured by, 721.

death of party after, not to stay judgment, 763.

in action for a wrong, no abatement after, 764.

not to be rendered against party, after death, 765.

motion to set aside, etc. 999, 1000.

motion for judgment on special, 1233.

id.; on verdict subject to opinion of court, 1234.

in ejectment must state amount of rent in arrear, etc. 1507.

VERDICT--continued.

id.; must describe distinct property recovered, 1518.
id.; must specify plaintiff's estate, when, etc. 1519.

id.; where plaintiff's title expires before trial, 1520.

report or decision in action to determine claim to real property, when defend-
ant claims in remainder, etc. 1643.

report or decision in action for chattel, what to state, 1726, 1728.

etc., in action for chattel in justice's court; what to state, 2931.

when part of, may be remitted in N. Y. marine court, 3176.

rendition of, in justice's court, 3007.

party may remit part of such verdict, 3016.

proceedings on, in special proceeding in justice's court relating to strays, 3091.
id.; in favor of person answering; proceedings, 3096.

VERIFICATION-of defence not involving merits, required, 513.

of pleading, when necessary, 523.

id.; effect of, 524.

id.; how, and by whom made, 525.
id.; form of, 526.

of counterclaim merely, 527.

of pleading, remedy for want of, or defective, 528.

of answer, defendant when not excused from, 529.

of answer, in action for divorce, not required, 1757.

of complaint required in action to charge judgment upon property of defend-
ants jointly indebted, but not served, 1938.

not required to mandamus, or return thereto, 2080.

of petition of insolvent for discharge from his debts, 2151.

of petition of insolvent for exemption or discharge from imprisonment, 2189.
of petition in summary proceedings to recover land, 2235.

of answer, in such proceedings, required, 2244.

of pleadings, in surrogate's court, 2534.

VESSEL--or cargo, attachment of, 660-673.

record of bill of sale, mortgage, as evidence, 945.

VIEW--of premises, in action for waste, when and how made, 1659.

writ of, abolished, 1687.

VILLAGE-action for cutting, etc., trees, when maintainable by; damages
therein, 1667, 1668.

actions against officer of incorporated, 1925-1931.

VOUCHERS-to be produced and filed on accounting by executor, etc.; lost
vouchers, etc. 2734.

presented in support of debt against decedent, when must be filed in surro-
gate's office, 2758.

be produced, etc., on accounting by testamentary trustee ; lost vouchers
etc. 2811.

id.; by guardian, etc.; lost vouchers, etc. 2850.

W.

WAGES-costs in action for, by working woman, in justice's court in Brooklyn,

3131.

enforcement of judgment of certain courts in favor of woman for, 3221.

costs in such action in district court of New York, 3222.

WARD. (See GUARDIAN.)

WARRANT-to seize chattel in action to foreclose lien; proceedings thereupon,
1738, 1740.

on habeas corpus for prisoner about to be removed from State, etc.; proceed-
ings thereon, 2054-2057.

to put petitioner, in summary proceedings, in full possession of land, 2250.
execution thereof, 2251.

when and how such warrant, etc., stayed, 2254, 2261, 2262.

to commit for contempt, when may issue without notice, 2268.

to attach offender for contempt, when to issue, 2269-2272.

effect of such warrant; execution thereof, 2273-2279.

WARRANT--continued.

interrogatories and proofs on return of. 2280.

of commitment for contempt for omission of duty, 2285.

second, for contempt may issue when accused does not appear, 2288. for collection of fine; to whom issned, etc. 2294, 2295.

execution of, to collect fine, 2296, 2297.

proceedings for new, when fine not collected, 2298. for arrest, in supplementary proceedings, 2437-2440. service of, in such proceedings; how made, 2453.

in surrogate's court; how executed and returnable, 2515.

requiring delivery of money, etc., to executor, etc.; punishment for disobedience of, 2714.

to compel executor, etc., to make and file inventory, 2715, 2716.

may issue for punishment of executor, etc., for disobedience of order to account, 2727.

may issue for punishment of testamentary trustee for disobedience of order to account, 2809.

may issue, to punish guardian for disobedience of order to account. 2850. for person charged with criminal contempt before justice of the peace, 2872. of commitment thereon; what to state, 2874.

for arrest of defaulting witness before justice; fine, how imposed, etc. 2975. of commitment of recusant witness in justice's court, 3001-3003.

to sell animal, found straying in highway, etc. 3091.

in such case, on decision in favor of person answering, 3096.

service of, issued out of certain local courts, 3201.

of attachment. (See ATTACHMENT OF PROPERTY; id.; OF THE PERSON.) of arrest. (See ARREST.)

(See CONTEMPT; MANDATE; PROCESS.)

WASTE--action for in superior city court, 263.

covered by damages on vacating injunction. 617. after sale of real property on execution, 1442-1445. stenographer for, 1171.

who is liable to action for, in general, 1651.

action for, by heir, devisee or grantor of reversion, 1652. id.; by ward against guardian, 1653.

id.; by grantee of real property sold on execution, 1654. id.; judgment against tenant of particular estate, 1655. id.; may be maintained between joint tenants, etc. 1656. id.; when plaintiff may elect to have partition, 1656. interlocutory judgment in such case, 1657.

damages may be deducted from defendant's share, when, etc. 1658.

view of premises in action for, when not necessary; when and how made, 1659.

defendant how restrained from committing, 1681.

revocation of letters, on account of. (See REVOCATION.)

WIFE--may release to husband, inchoate right of dower, in partition, 1570. maintenance of, in action for divorce, etc. 1759.

id.; in action for separation, 1766.

not included in term "next of kin," 1870.

non-resident wife of insolvent applying for discharge from debts, may be compelled to appear on trial, when, 2171.

of criminal may apply for appointment of trustee of property during imprisonment, 2220.

criminal's property may be applied to support of, 2228.

of mortgagor, when barred by sale on foreclosure by advertisement, 2395. temporary administrator of absentee may provide for support of, 2677.

may proceed against executor, etc., for not setting apart exempt property, 2720. id.; on judicial settlement of account, 2731.

application for guardian of infant married woman, 2824.

action by creditor against wife of deceased debtor. (See CREDITOR.) as to matrimonial actions. (See MARRIAGE; DIVORCE; SEPARATION.) (See, also, MARRIED WOMAN.)

WILL-limitation of action to establish, 382.

when action to establish, may be brought, 1861.

judgment in such an action, that will be established, etc. 1862-1864. proof of lost or destroyed, in certain cases, 1865, 1867.

action to establish foreign, relating to real property here, 1866, 1867. action by child born after, or by witness to, 1868.

WILL-continued.

receiver may be appointed to succeed deceased executor in action to establish,
etc. 1869.

sale, etc., of real property of infant, etc., contrary to provisions of a will are
prohibited, 2357.

jurisdiction of surrogate's court, 2472.

copy of will of non-resident to be sent to secretary of state, 2503.

definition of, as used in chapter on surrogates' courts, 2514.

witness to, not disqualified from testifying as to execution of will, by interest
therein, 2544.

question on probate, on revocation thereof, cannot be referred, 2546.

decree for probate of; how far suspended by appeal, 2582.

decree revoking, etc., not sayed by appeal, 2583.

award of jury trial upon reversal, on appeal in probate cases, 2588.

what wills may be proved, 2611.

change of residence not to affect validity, etc. 2612.

application of last two sections, 2613.

who may propound, 2614.

who to be cited thereupon, 2615.

contents of citation, 2616

persons not cited may appear, 2617.

witnesses to be examined; proof required, 2618, 2619.
absent, etc., witnesses to be accounted for, 2619.

proof of handwriting, 2620.

proof of lost or destroyed, 2621.

probate not allowed unless surrogate satisfied, etc. 2622.
possession of the will to be accounted for, 2622.

when sufficiently proved, 2623.

validity and construction of testamentary provisions, 2624.

surrogate's decision on probate, 2625.

probate; how far conclusive as to personalty, 2626.

id.; as to realty, 2627.

will certified, or record thereof, may be read in evidence, 2629.

recording wills proved elsewhere within the State, 2630.

records of certain wills heretofore proved; how far evidence, 2631, 2632.
id.; as to wills of real property, 2533.

index and fees, 2634.

wills to be returned after probate, 2635.

when letters may be issued. (See LETTERS TESTAMENTARY.)

letters of administration with will annexed, 2643–2646.

persons interested may apply to revoke probate, 2647.

when application must be made, 2648.

citation thereupon, 2649.

executor, etc., to suspend proceedings, 2650.

hearing, 2651.

decree, 2652.

notice of decree of revocation, 2653.

revocation of letters. (See REVOCATION.)

testamentary disposition; what law governs, 2694.

foreign; letters ancillary. (See LETTERS TESTAMENTARY.)

recording wills proved in other states; effect of such record, 2703.

copy of, or of record, how authenticated, 2704, 2705.

appointing guardian must be admitted to probate before he acts, 2851.

for provisions relating to such guardian. (See GUARDIAN.)

as to trusts created by will, and testamentary trustees. (See TRUSTEE, TESTA-
MENTARY)

WITHERNAM-writ of, abolished, 1688.

WITNESS-rules as to competency of witnesses, 828-838.

administration of oath, etc. 842-851.

compelling attendance and production of papers, 852-869.

(See, also, DEPOSITIONS.)

punishment for refusal, 8-14.

detention punishable, 14.

before sheriff's jury, attendance and examination, 108.

id.; fees, how taxed and paid, 109.

objection to deposition taken at trial, 883, 911.

may be subpoenaed to attend before referee, 1017.

more than one, required to establish provisions of lost or destroyed will in

certain cases, 1865.

WITNESS-continued.

to will, who is entitled to share, may bring action, 1868.

party and attorney not entitled to witness fee, when, etc. 3288. attendance of, before arbitrators, how procured, 2370.

either party may produce before referee in supplementary proceedings, 2444. fees of, generally, 3318, 3319.

not excused from answering, in supplementary proceedings, on ground that answer tends to conviction for fraud, 2460.

WITNESS, IN SURROGATE'S COURT--surrogate may issue subpoena for, in or out of court, 2481.

testimony of aged, sick, etc., how obtained, 2539.

id.; in another county, 2540.

how testimony of witness authenticated, 2542.

minutes of testimony of, to be bound, 2543.

not disqualified from testifying as to execution of will by interest therein,

2544.

fees of, in surrogate's court, same as in supreme court, 2566.

examination of, on probate of will, 2618.

proof of will by subscribing; absence, sickness, disability of, to be accounted for, 2618, 2619.

proof of handwriting of testator allowed in such case, 2620.

punishment for refusal to be sworn on proceedings for discovery of property withheld from executor, etc. 2710.

witnesses may be produced and sworn on such examination, 2711.

WITNESS, IN JUSTICE'S COURT-may be examined by plaintiff, on adjournment, at defendant's instance, 2966.

adjournment when attachment issued for absent witness, 2967, 2968.
when subpoena may issue; how served, 2969, 2970.
attachment against defaulting witness, 2971-2973.
fine for refusing to appear or to testify, 2974-2978.
defaulting witness liable for damages, 2979.

form of oath of, in, 3000.

refusing to be sworn, etc., may be committed, 3001.

id.; contents of warrant and imprisonment of recusant witness, 3002.

id.; trial to be adjourned till witness testifies, etc. 3003.

id.; competency of witness, how determined, 3005.

may be examized on appeal from justice's judgment when justice dies, etc., before return, 3056, 3057.

transfer of action, when justice of the peace is, 3151.

fees of, 3327.

WITNESS, IN CERTAIN COURTS OF CITIES--commission to take testimony of, in N. Y. marine court, 3171.

testimony of, by commission. See COMMISSION.)

WORKMAN-as to foreclosure of lien of, upon chattel. (See CHATTEL.)

WOMAN--arrest of, 553.

execution against person, 1488.

damages in action for slander of, by imputing unchastity, 1906.

order of arrest cannot be granted in civil action before justice of the peace, when defendant is a, 2894.

costs in action by working woman in justice's court in Brooklyn, for wages, 3131.

enforcement of judgment of certain courts, in favor of woman, 3167, 3221. costs in such action in district court of New York, 3222.

WRIT-form and requisites of, 22, 23, 24.

want of seal, or a wrong seal, or mistake, etc. 24.

failure or adjournment of court, 44.

of inquiry, on failure to reply to counterclaim, 515.

of inquiry, when court may direct, to ascertain damages, etc. 1215.

id.; when defendant entitled to notice of execution of such, 1219.

id.; proceedings on, how reviewed, 1232.

of ne-exeat, abolished, 548.

of injunction, abolished, 602.

of error, abolished, 1293.

of inquiry, in action for waste; view of property, etc. 1659. certain writs abolished, 1687, 1688, 1983.

for provisions applicable to State writs. (See STATE WRITS.)

for provisions applicable only to particular writs, (See the titles of those

writs.)