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State Continued

Index to Annotation

[References are to pages]

succession to royal prerogatives

and functions, 195

taking of private property, 180
ultimate property right in lands,

State board of charities, see supra,

State's evidence, see infra, Witnesses
Statutes (see also supra, Private or
local bills)

adoption by reference, 324, 363
approval by governor, 385
concurrent resolution as statute,

constitutionality presumed, 363
continuance of existing laws, 196
curative acts as due process of
law, 146
enactment, 290

legislative enactment as due pro-
cess of law, 139

mode of enactment, 290
proof of passage, 368
quorum of legislature, 367
recall of bill, 289

re-enactment by reference, 324
reference to existing laws, 324, 363
yeas and nays, 290, 368

Statutory construction applied to
constitution, 17

Stockholders, see supra, Corporations
Storage (see also supra, Cold stor-

inflammable articles, 119

Stores, see supra, Buildings
Street railways-

change of location, 347

commissioners where property own-
ers refuse consent, 351-354
consent of local


consent of property




crossing existing roads, 347

hearing as to liability for repav-
ing street, 136
municipal purpose, 513

percentage of gross receipts in lieu
of license fee, 484

property owners' consent to con-
struction, 345-354
speed of cars, 245

use of road of other companies, 347
Streets, see supra, Highways
Subway -

character as street railway, 346
consent of property owners to con-
struction, 346

injury to subjacent support, 173
private or local bill authorizing
construction, 339

Suffrage, see supra, Elections; infra,

Sundays and holidays-
barbering on Sundays, 241
constitutionality of Sunday laws,

prohibiting prosecution of trade
on Sunday, 93, 116

Superintendent of buildings, destruc-
tion of property by, 127
Superintendent of public works -
civil service laws as applicable to
appointments by, 388

creation of office, 388
disbursements as subject to legis-
lative control, 389

judicial interference with discre-
tion of, 389

legislative control over duties, 388
Superstition, see supra, Religious
liberty; infra, Trusts

appointment of commissioners in
condemnation proceedings, 373
bridges authorized by supervisors,

change in term of office, 370
constitutional office, 369
delegated powers, 371-373

devolution of functions on city
officers, 370

duration of appointment to fill va-
cancy, 369-370
election of, 208

judicial review of acts, 372

members of county board, 369
nature of board, 369

opening and grading streets, 373

ordinances conflicting with statute,

powers of, 371-373

presumption as to regularity of
acts, 372

protection of fish, 373

revocation of powers of, 372

special acts relating to election,

validating acts of defective board,

Supreme court (see also supra, Ap-
pellate division; Judges)
administrative duties, 405

appellate division as part of, 407
assignment of justices to depart-
ments, 410

change of venue as inherent power,


character as bipartisan board, 210
code of civil procedure as affecting
jurisdiction, 405
departments, 409

equity jurisdiction, 402
exclusive jurisdiction of first dis
trict, 404

extraordinary terms, 196

Index to Annotation

[References are to pages]

Supreme court - Continued
hospital rules as subject to abro-
gation by, 407

incompetent persons as within ju-
risdiction, 406

judicial departments, 409
jurisdiction, 402-407

justices authorized to call for mili-
tary aid, 380

justices' power at chambers, 406
legalizing of municipal bonds, 223
legislative control over jurisdiction,

origin of court, 401

origin of jurisdiction, 196

procedure subject to legislative con-
trol, 405

referees appointed by, 407

remedies available in, 405

Surrogates' courts -

powers of surrogate, 444
special surrogates, 445

term of surrogate elected to fill va-
cancy, 445

Taking property for public use, see
supra, Eminent domain
Taxation -

amount of tax to be stated in tax
law, 363-367

application of tax to ordinary and
current expenses, 366
apportionment, 257-259
assessment in two towns, 53
assessment of special franchise as
local function, 532

assignment of right to collect taxes,

canal property as subject to taxa-
tion, 475

change in school district territory,

charities exempt from taxation, 341
classification, 264-266

collection of state taxes, 53
compensation for property taken
under taxing power, 161
comptroller's report as determining
object of tax, 366

contract fixing amount of taxes, 257
credit on taxes as appropriation,

cruel and unusual punishment in
enforcing collection, 66
delegation of legislative power, 225
deprivation in exercise of taxing
power, 84

description of property assessed,


double taxation, 263

due process of law, 131

equality, 261-264

exemption by special act, 344

exemptions as subject to revocation,

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modification of manner of collec-
tion, 364

mortgage tax law, 266

notice of intent to levy as essential,

object of tax to be stated in tax
law, 363-367

origin of taxing power, 254

power as affected by eminent do-
main clause, 161

power to tax, 255

principle underlying taxation, 254
provision for payment for use of
state, 366

public purpose, 259–261

quorum to pass tax law, 367
reimbursement by legislature for in-

equitable apportionment, 263
requirements of tax law, 363–367
restriction on disposition of prop-
erty liable, 114

review of unequal taxation, 263
stamps as property, 107

stock transfer tax, 265

town assessed for debts of adjoining
city, 259

transfer tax, 256

uniformity, 261-264

validation of defective tax proceed-
ings, 147

Tax stamps as property, 107
Telegraph wires as additional burden
on highway, 169


cigars manufactured in tenements,

explosives manufactured in, 120
fire protection, 246

manufactures in, 94, 119, 120, 240
tobacco manufacturing in, 119, 240
water closets required, 120, 239
water supply required, 120, 239
Tenures, 190

Testimony, see supra, Evidence; in-
fra, Witnesses

Test oath by voter, 49

Theaters and public resorts.

children exhibited in theaters, 244,

exclusion of negroes, 233

licensing dancing academies, 95
negroes excluded, 47

Ticket brokerage as lawful business,

Tobacco manufactured in tenements,
92, 119, 240

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Acceptance, of office, gifts, etc., from foreign governments.
Accounts, of receipts and expenditures of public money.
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Actions, cause of, re-examination of..

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Acts of States, full faith to be given to..

proving of, congress to prescribe manner of..

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president's approval not necessary to..

quorum, for want of, by each house from day to day.

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naturalization of....

Advice and consent of senate, when required.

Age qualification, president, for office of..

representative, for office of....

senator, for office of...

vice-president, for office of.

Agreement, between states and with foreign powers.

Aliens, ineligible to office of president.

ineligible to office of vice-president.

Alliance, by states, prohibited.

Ambassadors, appointment of, by president..
cases affecting, judicial power extended to.
reception of, by president..

Amendments, constitution, amendments to..

revenue bills, amendments to, by senate.
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Appointments, ambassadors...

members of congress, to civil offices.
militia officers..

office-holders as electors.

power of president as to.

presidential electors

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senate, advice and consent of, to.

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