MARSHAL-cannot act under execution issued on marine court judg- carrying out execution on marine court judgment, pro- MECHANIC'S LIEN—a personal judgment can be recovered, 333. filed after decease of owner, under Kings and joint liability of contractors in a proceeding to payment into court, 333. provisions of 2 R. S. 109, § 53, and 116, § 18, under Kings and Queens counties act, collu- neglect of mortgagee to previously foreclose, a defense MOTION-compelling affidavit for purpose of, 137. MUNICIPAL CORPORATIONS-rule of assessment for benefit of, 86. tax-payers' action to prevent waste MUNICIPAL ORDINANCE-not judicially noticed, 230. N. NATIONAL BANK-taking greater interest than allowed by statute, 216. NAVIGABLE STREAMS-nuisance in; degree of obstruction not to be considered, 211. riparian owner not to appropriate any part of, which is a public highway, 211. NE EXEAT-is issued, as a general rule, only in cases of equitable demand, 197. not granted in action on legal demand; nor where lia- when motion to vacate, on ground of defendant's hav- NEW TRIAL-motion for, 295, 300. on the judge's minutes, 295. NEW TRIAL-when order granting, not to be conditioned on payment of costs: presumption as to ground of granting, on such condition, 102. NON-IMPRISONMENT ACT--arrest under, allowed in equitable as well as legal actions, 466. evidence of fraud, 360. notice to be published, 372. NOTARY-mode of mailing notice of protest, 69. to be given to non-resident judgment debtor of appointment of receiver in supplementary proceedings, 442. NUISANCE-rafts of timber continuously moored, 211. 0. OBLIGATION-of a third person in payment; collateral security for its payment, 295. OBSCENE WRITING-what is indictable, 66. OFFER to allow judgment within ten days of trial, 90. P. PARTIES--action by receiver of a corporation sustained against only wrong doing stockholders and directors, 283. effect of contradicted testimony of, 238, note, 274. suing in representative capacity, 238. examination of adverse, before trial, 129. insanity of, a ground for refusing order for examination before trial, 137. subpœna unnecessary on examination of, before trial, 418. when plaintiff not compelled to make discovery, &c., 143. PARTITION-referee's fees on sale, 93, 97. PAYMENT-to unauthorized attorney, 22. PERSONAL COMMUNICATION or transaction, what is, 1, 12. PLEADING-advantage of limitation of time to recover usurious interest, taken by demurrer instead of answer, 216. bill of particulars in action for conspiring to withhold evidence. 419. in action on contract for exchange of land, 419, note. complaint on indorsement to give credit with payee, 69, 70, 79. leave to file supplemental answer, refused where the matter proposed to be pleaded cannot bar the action, 461. PLEADING-mode of counting on a reward, and on a claim for ser vices, 1. objection to, when not available on appeal if not taken at trial, 111. relevant and irrelevant allegations of complaint in action for false imprisonment, 108. when action will not lie to reform, 173. when one of two joint defendants can set up counterclaim, 216. whether a cause is referable is to be determined by complaint, 186. POWER-of an attorney employed to examine title, 22. PRACTICE-appeal to the favor on the merits, when not allowed, 454. arrest not granted on mere averment; evidence showing prima facie case must be stated, 459. in two proceedings between the same parties for same cause of action, pendency of first commenced, a defense to the other, 461. on application for examination of adverse party before trial, 129. sufficiency of affidavit to obtain order of arrest of a female, 193. when consent to discontinuance without costs, does not preclude plaintiff from moving for a reference, 191. PRINCIPAL AND AGENT--wife not husband's agent, 342. PRINCIPAL AND SURETY-mortgagor, having become surety, discharged by neglect of mortgagee to foreclose, 422. PROFESSIONAL PRIVILEGE of clergymen, physicians and attor PROMISSORY NOTES--diligence in collecting required of creditor holding, as collateral, 444. first negotiated in another State, 201. PROTEST-notice of, how served by mail, 69. PURPRESTURE-rufts of timber continuously moored, constitute a, 211. Q. QUESTIONS OF LAW AND FACT-in case of action for reward or for value of services, 1. R. RAFTS of timber continuously moored, a nuisance, 211. RAILROAD COMPANIES-rule of assessing for local improvement, 86. RECEIVER-may bring action against stockholders and directors for unpaid stock, 283. notice of application for appointment of, in supple mentary proceedings to be given to judgment creditor, 442. permitted to pay execution issued against executors, 208. powers of, under order of sequestration, 29. REFEREE-appointed to sell and report deficiency on foreclosure of mechanics' lien, 114. fees and commissions of, appointed to sell in partition cases, 93, 97. when appeal from order confirming report of, proper remedy, 173. REFERENCE-complaint to determine whether cause is referable, 180. to ascertain damages under an undertaking on in junction; what it determines, 191. RELEASE-effect of, to debtor by pledgor of judgment, 238. failure to give, according to compromise, 81. REMAINDER—apportionment of taxes between devisees of term of years and, 427. REPRESENTATIVES—of a deceased defendant joined with a sur- claim for quantum meruit, 1. threat to destroy thing found, 53. S. SAVINGS BANKS-liability of, on forged order, 342. of order on attorney after office closed for the day, 454. SERVICE AND PROOF OF-in case of mailing, 97. SERVICE BY MAIL-indorsement to "return if not called for," 211. SERVICE OF PROCESS-according to laws of country where judgment is obtained, to be recognized as valid, 315. SERVICES-right to reward offered, 1, 53. of one judgment against another, 238. SHERIFF-effect of sale by, on execution after release of judgment, 238. redemption from sale by, 163, note. when certificate of sale by, becomes void, 163. SOCIAL CLUB-personal liability of president for debts of, 347. STREET-dedication of land for: when purchaser entitled to have it SUBPOENA-unnecessary on examination of party before trial, 418. SUPPLEMENTAL ANSWER-not allowed where the matter pro- bar to the action, 461. SUPPLEMENTAL COMPLAINT-amendable, 328. SUPPLEMENTARY PROCEEDINGS-as evidence of fraud, 360. SURROGATE-jurisdiction of 238. notice of application for ap- pointment of receiver on his examination in, third person who claims an order of, when an adjudication of existence of assets, T. TAXES-apportionment of, between devisees of term of years and TAX-PAYER'S ACTION-against municipal officer to prevent TENDER-not allowable after trial, 81. TRANSACTION-what is a personal, 1, 12. TRANSCRIPT-filing of marine court judgment supersedes right to |