f

TRIAL- Continued.

Place of trial:

Vol. Sec.

of actions in certain courts, supreme court may change......I, 218
what actions must be tried where subject of action, etc.,

may be in county designated in complaint, unless place is
changed.....

...I, 985

change of; demand by defendant of change to proper county,

when defendant may move to change.
when court may order....

effect of, as to subsequent proceedings.

of demurrer

1, 986
..I, 986
...I, 987

.....1, 958, 989

......I, 990

provisions as to place of, apply only to supreme court........., 991
Mode of trial:

issue of law and fact arising in same action, how disposed of,

court may order severance...

when issue must be tried by a jury.

the court

1, 966, 967

...I, 1220
.....I, 968

.1, 969

specific questions of fact, when ordered tried by jury..1, 970, 971
not embraced in such order, how tried...

See ISSUES.

...1, 972
foregoing provisions applied to counterclaim, when..............I, 974
issue of law has preference when no jury in attendance......I, 979
must be by court when jury trial waived, unless reference
ordered

by jury, how waived.

New trial. See, also, APPEAL; CASE; EXCEPTIONS,
case, how made and settled on motion for......

........I, 1008
...........1, 1009

.......I, 997
not necessary for motion on minutes of Judge, etc.........I, 998
motion for, on minutes of judge, when and how made.........I, 999
on exceptions, may be heard in first instance at general
term......

.1, 1000

after interlocutory judgment may be made on exceptions
at general term..

......I, 1001
when to be made at special term..
....1, 1002
review of trial by jury of specific questions of fact, etc.......1, 1003
when granted as to some questions tried, and refused as to
others.
.........1, 1003
motion for, at what term to be made in particular case......I, 1003
after hearing before referee, where to be made....II, 1002, 1004
may be made after final judgment...

.......I, 105
does not affect stay of proceedings without order..........I, 1005
certain, not prejudiced by exceptions taken, etc..........I, 1006
where cause referred, new referee to be appointed...
Trials in particular actions and special proceedings:
of controversy submitted without action.....
by sheriff's jury. See SHERIFF'S JURY.

in action for partition..

1, 1011

.....1, 1281

11, 1659

to determine claim to real property.

for waste; view of property.

for a chattel; pleadings, etc., to be furnished court......II, 1725

to annul marriage.

for a divorce..

to annul corporation, must be by Jury.
certain by the people, must be by jury..
to vacate, etc., letters-patent, by jury..

by people to recover property escheated; notice, etc., pub-
lished before trial....

of issue of fact, upon alternative mandamus...

law upon general term mandamus...

......11, 1978

.11, 2085

TRIAL Continued.

Vol. Sec.

by Jury on execution of writ of assessment of damages. II, 2100-2111
issues in opposition to insolvent's discharge from his debts,

when Jury cannot agree...
production of insolvent's wife..

exemption or discharge from imprisonment.

in summary proceedings to recover possession of
erty

IL, 2167, 2168

11, 2170

II. 2171
...II, 2193

real prop-

.11, 2247-2250

on application for committee of lunatic, etc., by jury, at a
term of court....

before commission...

proceedings upon.....

subject of inqury on trial..

on submission of controversy to arbitration...

in proceedings for voluntary dissolution of corporation..

TRIAL IN SURROGATE'S COURT:

by Jury: when ordered

by Jury: how reviewed..

.II, 2237, 2334

II, 230

-II, 2331

by jury may be awarded on reversal of decree in probate cases
of contest on accounting of executor, etc..

on contest of account of testamentary trustee.

IL, 2739

..II, 2511

controversy arising on hearing in proceedings for settlement of
such account, how determined...

See, also, HEARING.

TRIAL IN CERTAIN COURTS OF CITIES:

-II, 212

by Jury, how demanded in justice's court in Brooklyn.......1, 37
in N. Y. marine court, after arrest in certain marine causes.

before Justice, when new trial ordered on appeal.

..П. 3005

-II, 3007
11, 3008

..II, 3014, 3015

11, 3065

of special proceeding relative to animals straying in highway,
etc

adjournment of. See ADJOURNMENT.

II, 3090, 3091

new trial, on appeal from Justice's judgment. See APPEAL FROM
JUSTICE OF THE PEACE.

See, also, NEW TRIAL.

TRIAL BY COURT OR REFEREE. See, also, REFEREE; TRIAL

issues triable by court..

by court, when elsewhere than at court-house..
must be by court when jury trial waived, unless
ordered.........

by jury, how waived.

by court, decision upon, when to be filed; consequence of

failure.....

TRIAL BY COURT OR REFEREE

Continued.

by court or referee; exception to what rulings.

to refusal to make finding.....

when and how taken at, and after trial..
ruling excepted to, how reviewed..

See, also, EXCEPTION; CASE.

case how made and settled after trial..

not necessary on certain appeals..

motion for new trial...

919

Vol. Sec.

..............................I, 992

....I, 993

...I, 994, 995

.I, 996

..I, 997

reference of issues by consent, how made; rule, if referee refuses

to serve, etc..

new referee to be appointed if new trial ordered.

in certain cases, not made of course..

reference, compulsory, when made.....

proceedings where part only of issues referred..

..1, 1011

...I, 1011

.I, 1012

..I, 1013

.I, 1014

referee must take oath; waiver of oath; effect of failure..1, 721, 1016

...I, 1017

report of, when to be made; consequence of failure.

....I, 1018

report or decision, made after party's death, when void............I, 765

....I, 1019

issue of fact........

where increased damages are given by statute, form of.. ...1, 1020
upon trial of demurrer...

.....J, 1021

when the whole issue referred, report stands as decision of court,

parties may require particular questions to be determined..1, 1023
Judgment after trial of whole issue of fact....

proceedings regulated when there are several....

punishment of misconduct before referee. See CONTEMPT.

TRIAL BY JURY. See, also, JURORS AND JURY; SHERIFF'S JURY;
TRIAL; VERDICT.

Jury trial before a justice of the peace.
PEACE AND HIS COURT.

See JUSTICE OF THE

of issue in surrogate's court. See SURROGATE.

General provisions:

Jury may be discharged on Sunday..
trial may continue beyond term..

trial regarded as continuing till verdict rendered.

must be according to chapter 10; no jury of part aliens......I, 1190

provisions applicable to criminal causes....

misconduct of jurors when contempt of court....

how jurors drawn, etc., for adjourned term

Buffalo superior court........

county court....

TRIAL JURORS, EXCEPT IN NEW YORK AND KINGS COUNTIES:

qualifications of......

provision concerning property, qualifications of....
certain public officers disqualified to serve as..

who are entitled to claim exemption from service as...
evidence of exemption in certain cases

when furor to be discharged from serving as...

excused from serving...

certain provisions, not to apply to New-York and Kings

certain town officers to make lists of.....
names of, to be taken from assessment roll..

duplicate lists of, to be made and filed.....

.......I, 303-306

....I. 34

TRIAL JURORS, EXCEPT IN N. Y. AND KINGS Co.- Continued. Vol. SEC.
county clerk to make and deposit ballots containing names of..., 1038

destroy old ballots.....

to serve three years..

wards of certain cities to be considered towns, etc.
when and how many to be drawn for courts of record.

notice of drawing, how given...

certain officers required to attend drawing of..

I, 1039
L1040
I, 1941
I, 1042

1, 1043, 1045

1, 1044-1046

if officers do not appear at drawing of, new notice must be given, 1, 1045
mode of drawing; minute of drawing: list to be delivered to
sheriff....

sheriff to notify, and make return..
I, 1048
applicants to be furnished with copies of list of..
....L. 1049
names of, who have served, to be kept in separate box............. I, 1060
when to be drawn from such box.....

.1, 1051
third box for names of, to be kept; ballots, etc... ......1, 102, 1033
when to be drawn from third box, and how notified.....1, 1054, 1055
Justice of supreme court may order additional, drawn for future
term...

proceedings on such order; filing, etc....

..1, 1057

fine to be imposed for non-attendance of..

how such additional drawn and notified..
may be ordered to attend term of county court, etc., on particular
day.

additional, may be ordered by certain courts, during sitting of
term.....

.1, 1059

..1, 1080

proceedings on fine for non-attendance of..

....1, 1072-1076
L1077

when court may discontinue such proceedings.
talesman, how procured to act as....

duty of talesmen, etc.....

venire to procure, not necessary.

not to be questioned for verdict..

penalty for accepting bribe, etc......

person procuring, to accept bribe...

neglect to attend as, in special proceeding..

notice of fine in such case, to be given to...

return of such fine of, how made.....

such fine, how collected and remitted..

..I, 1171, 1172

-L, 1174

1, 1191

L 1192

in the superior court of Buffalo, special provisions relating to.
See BUFFALO, SUPERIOR COURT OF.

See JURORS; JURY; JURY TRIAL.

TRIAL JURORS IN KINGS COUNTY:

qualifications of............

who may claim exemption from service as...
evidence of right to exemption in certain cases..
length of service required; notice to attend as..
when court to excuse from service...

excuses, etc., of...

commissioner, clerk of court must certify to, as to attendance,

...L, 1130

rooms for, and expenses of, how provided for..

to select; his general powers; assistants, how appointed......I, 1132
to receive and account for fees and fines, etc....

....I, 1131

... 11.33

...I, 1134

list of jurors to be furnished to, selection by..

1. 1135

list of jurors to be prepared and filed by....

to publish notice, and receive evidence of exemption..

.1, 1136

to make supplemental lists, and file transcripts, etc..
ballots to be prepared and deposited by.....

1, 1137

I. 1133

what officers to attend drawing; number to be drawn.....1, 1140

...I, 1138, 1139

...I, 1141

subsequent drawings, how conducted...

certificate to be made by commissioner and Judges; sealing of
boxes.....

..1, 1142

.1, 1143

proceedings, when first box is exhausted...

I, 1144

L, 1145

TRIAL JURORS IN KINGS COUNTY- Continued.

Vol. Sec.

....1, 1146

...........I, 1147

....1, 1148

commissioner, to transmit panel to sheriff; sheriff to notify
jurors....

days for which they are to be notified, excusing, etc...
sheriff to make return of notification of......

court may order new panel of; new panel how drawn and
notified.........

.I, 1149

..I, 1150
....I, 1151

..........I, 1152

to be drawn in certain special proceedings before county judge
or judge of Brooklyn city court......
compensation to judges for services relating to.......
fine for non-attendance of........
may be compelled to serve, how.
commissioner, to notify jurors fined to appear: board for enforce-
ment, etc., of fines...

....1, 1153

...I, 1154
to collect fines and make return, etc., precept for fines.........I, 1155
fines not collected by precept, to be docketed and enforced as
Judgments....

certificate of, to be filed to discharge lien..
corruptly omitting name, etc., guilty of felony
commissioner, other wilful omission of duty by, is

meanor.

giving false information, etc., to, etc., declared a misde-

.I, 1156
......I, 1157
.......1, 1158

a misde-

....I, 1159

meanor....

not to be questioned for verdict...

venire to procure, not necessary..........

duty of talesmen, etc. (Sec, also, JURY).......

to make report and pay over money..
talesmen, or additional jurors may be ordered to form a jury...I, 1171

penalty for accepting bribe, etc.....

person procuring, to accept bribe..

neglect to attend as, in special proceeding.

notice of fine, in such a case, to be given to..
return of such fine of, how made.....

such fine, how collected and remitted..

See JURORS; JURY; JURY TRIAL.

TRIAL JURORS IN THE CITY AND COUNTY OF NEW-YORK:

qualifications of..

..I, 1195

.I, 1197

..I, 1198

.I, 1199

public officers required to aid him....

applying, to be excused, must produce notice, etc....
service in a court not of record; when an excuse...
clerk of court to make return as to attendance, etc.....
to be selected by commissioner of jurors, his powers, etc..
general powers of commissioner..

who deemed a resident....

who may claim exemption from service as.......
evidence of right to exemption, in certain cases

military officers to deliver list to commissioner of jurors
jury year, when to begin; length of jury service
when court may temporarily excuse from attendance

I, 1081

...I, 1082

....I, 1083
....I, 1084
..1, 1085
1086
.1, 1087
.I, 1088

for what causes and how excused, by court, in other cases.........I,

.1, 1029, 1079
.....I, 1080

....I, 1089

..I, 1090

....I, 1091

expenses of his office, how paid; rooms, etc...

...I, 1092

lists of, to be prepared; notice; exemptions of, to be decided by
commissioner......

persons, how required to testify as to liability to serve as..
lists of, to be returned to county clerk; correction of.....

ballots; supplemental lists, etc.

number of, to be drawn for each court of record....
when to be drawn; what officers to attend...

.....I, 1098
I, 1099-1101

notice of drawing of; proceedings on drawing; mode of draw-
ing......

if term consists of separate parts, how drawn..
commissioner to issue notice to drawn..

to be notified by sheriff; return of sheriff..

clerk of court to certify as to mode of service..

.......I, 1100-1104

I, 1104
...I, 1105
....I, 1106

...1, 1107

.I, 1093

....I, 1094

...1, 1095

....I, 1096

..1, 1097