The Greater New York Charter as enacted in 1897

(Albany :  Weed-Parsons,  c1897.)

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Appendix VII.                                973

ers vested in them by law on September first, eighteen hundred and
seventy-seven, according to the course and practice of the court, except
as otherwise prescribed in the Code of Civil Procedure or acts passed
subsequent to said act. Sections eight to fourteen, inclusive, of the Code
of Civil Procedure (excepting subdivision seven of said section fourteen)
are hereby made applicable to and shall govern said courts. (As
amended by L, 1891, ch. 378.)
Code Civ. Pro., § 4.    See § 2143, post.

Actions, in what district to be brought.
§ 1289. Superseded by § 1370 of the Greater New York Charter, ante.

Id.; as to actions by the corporation.
§ 1290. Superseded by § 1370 of the Greater New York Charter, ante.

Courts, where to be held.

§ 1291. Superseded by § 1371 of the Greater New York Charter, ante.

Id.; hy whom to be held.

§ 1292. Superseded by § 1375 of the Greater New York Charter, ante.

Seals; courts cannot issue certificates of naturalization.

§ 1393. Superseded by § 1372 of the Greater New York Charter, ante.

Parties may appear in person or by attorney.

§ 1294, Parties In these courts may prosecute or defend in person, or
by agent or attorney, except that the marshal who served the summons,
order of arrest, warrant of attachment, or jury process cannot appear
and act on the trial in behalf of either party.

Id. § 9  (Comp. 1332).

Guardian ad litem for infant plaintiff or defendant,

§ 1295, When a guardian is necessary he must be appointed by the jus¬
tice as follows:

1.  If the infant be plaintiff, the appointment must be made before the
summons is issued, upon the application of the infant. If he be of the age
of fourteen years or upwards; if under that age, upon the application
of some relative or friend. The consent, in writing, of the guardian to
be appointed, and to be responsible for costs if he fail in the action, must
be first filed with the clerk of the court.

2.  If the infant be defendant, the guardian must be appointed at the
time the summons is returned personally served, or before the pleadings.
It is the right of the infant to nominate his own guardian, if the infant
be over fourteen years of age, and the proposed guardian be present,
and consent in writing to be appointed, otherwise the justice may appoint
any suitable person who gives such consent.

Id, § 11 (Comp. 1333),    See Fish v, Ferris, 3 E. D, Smith, 567.
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