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Index to Text

Voters: see also Electors; Suffrage.


certain, for members of legislature, void....

Water diversions: see Niagara river.

Waters of state:

forest preserve, use, reservoirs..


office for, abolished.....

Weights and measures:

standards, how supplied...


bribery, persons charged, competency..

person offering, not privileged from testifying immu-

criminal cases, not to testify against himself.
detention, not to be unreasonable.....

religious belief, not incompetent on account of.


compensation for injury or death...


political, and legislative terms...

Yeas and nays: see Ayes and noes.

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Abatement, see infra, Nuisances
Abutting owners, see infra, Highways
Accounts and accounting, see infra,
Executors and administrators
Accused, rights of, see infra, Rights
of accused

Acquisition of property, see infra,

Actions (see also infra, Change of

common-law right to appear at
trial, 196

remedies subject to legislative con-
trol, 214

removal of action as change of
venue, 334

on right to compro-

mise, 113
right of action as property, 107
right to appear and defend in civil

actions, 69

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trespassing animals, 127


Annulment of marriage, see infra,
Divorce and separation

Apparent conflicts in constitution
reconciled, 16

Appeals (see also infra, Appellate
division; Court of appeals)
condemnation proceedings, 183
dismissal of complaint or direction
of verdict by appellate court, 56
final judgments or orders, 429-431
judge not to review his own de-
cision, 413

legislative power over appeals, 214,

permission to appeal, 434

power of court to provide for ap-
peal, 220

review of facts by court of appeals,

right of appeal as element of due
process, 129

right to appeal to court of appeals,


state as appellant in habeas cor-
pus proceedings, 65

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Index to Annotation

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stipulation for affirmance, 432
waiver of jeopardy provision of
constitution, 72


civil suits included in constitu-
tional guaranty, 69

common-law right of party to ap-
pear, 196

courts martial, 69

judicial interference with right to
appear and defend, 69
legislative regulation of right, 69
proceedings for removal of public
officers, 68

right of accused to appear and de-
fend, 68-69
Appellate division

additional jurisdiction grantable by
legislature, 413

assignment of justices to depart-
ments, 421

continuation of general terms, 410
direction of verdict on appeal, 56
dismissal of complaint on appeal,

exclusiveness of jurisdiction, 420
exercise of functions of justice out
of court, 412

extraordinary terms appointed by
governor, 410

justice not to review his own de-
cision, 413

justices prohibited sitting in su-
preme court, 411

part of supreme court, 407
powers of justices, 411
quorum, 410

succession to powers of general
terms, 412

Appellate term

designation of justices by appel-
late division, 412

Apportionment (see also infra, As-

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Assembly Continued

apportionment of districts, 281
discretion of supervisors in laying
out assembly districts, 283
division of counties, 285
population of new county, 285
review of apportionment, 282, 425
Assignment of right to collect taxes,

Associations (see also infra, News

forfeiture of property by governing
body, 127
Astronomical observatory, appropria-
tion of common school fund to es-
tablishment of, 524

Asylums, see infra, Hospitals and
asylums; Insanity

Attachment, retaining attached prop-
erty for costs, 46

admission subject to legislative
regulation, 215

judicial officers prohibited from
practicing law, 460
practice by judicial



ground of disbarment, 461
witness before legislative committee

as entitled to counsel, 69
Audit, board of, as a court, 455
Aye and no, see infra, Statutes
Bail and recognizance, jury trial on
forfeited recognizance, 58
Bakeries, limiting hours of labor in,

Ballots, see infra, Elections

jury trial in bankruptcy proceed-
ings, 61

license for bankrupt sales, 93
Banks -

certificates of deposit, 491

charter subject to alteration, 486
savings banks subject to legislative
regulation, 491

security for circulation, 492
stockholders' liability, 492

Barbers, Sunday barbering, 93, 241
Beaches, removal of sand, earth or
clay prohibited, 117

Benefit associations, prohibition of
unlawful assessments, 50

Bicycles, side path as additional bur-
den on highway, 173

Billposting, see supra, Advertising
Bills, see infra, Private or local bills;

Bills and notes

destruction of negotiability as de-
rivation of property, 113

Bipartisan boards -

purpose of creation, 209

supreme court not bipartisan
board, 210

Index to Annotation

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Business and industrial regulations

workmen's compensation acts, 53
written authority to sell real es-
tate, 50

Calling, see infra, Trade or calling

award of contract for repairs, 475
condemnation for canal purposes,

disposition of abandoned canal, 475
easement or fee in canal lands, 475
mandamus to award contract for
repairs, 477

sale or lease prohibited, 475

taxes or assessments on canal
property, 475

unauthorized expenditures in im-
provement, 477

use of waters of canal reservoir,

Canvass, see infra, Elections
Capital punishment, see infra, Death

commission to fix rates, 224
discrimination in favor of public
officers, 568

free passes to public officers, 568
rate regulation, 253

ticket brokerage as lawful busi-
ness, 50, 232

Cartmen as subject to regulation,

Cemeteries -


condemnation of land for rural
cemetery, 159

maintenance of private cemetery
by municipality, 506

removal and reinterment of dead
bodies, 117

Census, see infra, Senate

Change of policy as affecting consti-
tutional construction, 21

Change of venue, see infra, Venue

common-law doctrine abrogated, 196
meaning of charitable institution,
519, 522

municipal aid, 500

object of board of charities, 518
special tax exemption acts, 341
state aid to charitable institutions,

Charters, see infra, Corporations;

Checks, see supra, Bills and notes
Children (see also infra, Parent and


exhibition of, 52, 244, 249

health regulations, 244

pursuits open to children, 92

services, of minor as property of
parent, 106

Children Continued

Index to Annotation

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service of minor child regulated,

testimony of unsworn children, 146
Choses in action-

husband's right in wife's choses in
action, 106

property right in, 107

Cigars, manufacture in tenements, 94
Circulation, see supra, Banks
Cities (see also infra, Municipal cor-
porations; Municipal indebted-

classification of, 557-560
concurrence of legislative body in
cities of first class, 560
election of city officers, 560-563
filling vacancies in office, 563
general and special city laws, 559
legislation as to classified cities as
local, 330

mayor as constitutional officer, 560
power to contract debts, 467

registration of voters in cities of
first class, 207

smoke as nuisance, 250
terms of officers, 562
vacancies in offices, 563

venue of actions against cities of
second class, 334-335
veto power of mayor, 559
water supply subject to police
regulation, 238

Civil damage acts, see infra, Intoxi-
cating liquors
Civil rights-

exclusion of negroes from amuse-
ment places, 47, 233

labor laws discriminating against
aliens, 52

race discrimination, 47
Civil service

appointments and promotions, 395
appointments by superintendent of
public works, 388
bipartisan commissioners, 49
change in rank and pay, 395
change in tenure as appointment,

confidential officer as subject to

competitive examination, 397
continuance of existing laws, 196
custodian of public funds as sub-
ject to competitive examination,

department of public works as sub-
ject to civil service law, 393
disciplinary tribunals, 126
examinations, 396-399

laborers as subject to competitive
examination, 397

limitation of appointments to em-
ployees in civil service, 395
limitation of eligibility to office, 91

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transfer as promotion, 395

veterans preferred in appointment,

Claims against state, see infra, State
Clemency not a judicial function, 425
Cloud on property as deprivation of
property, 114

Code of civil procedure as affecting
jurisdiction of supreme court, 405
Cold storage, see supra, Food; infra,

Colleges, see infra, Universities and

Commercial fertilizers, see infra, Fer-

Commissioners, see infra, Eminent

Commissioners of land office, powers
and duties of, 391
Commissions, rate regulation by, 224
Committee, right of witness before

legislative committee to counsel, 69
Common carriers, see supra, Carriers
Common law -

determination of, 194
extent of adoption, 195
judicial alteration, 194

particular matters governed by
common law, 195, 196
Commutation, see Pardon, reprieve
and commutation

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