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II, 313

II, 315
II, 317
II, 317
II, 317
II, 317

II, 318

II, 318
II, 318

II, 319
II, 319
II, 319
I, 319
II, 319
II, 319

II, 320
II, 320

Ejectment, declaration :

how served, ...
duty of tenant if served on him, I, 699
rule to appear and plead, ..... II, 313
authority of plaintiff's attorney,

when to be produced, &c.,.. II, 314
pleadings, &c., by defendant,.. 11, 315
right to possession sufficienty.. II, 315

ouster when to be proved,.... II, 315
verdict, provisions as to,...

suit not abated by death,
form of judgment,

form of writ of possession,
costs how collected of plaintiff,

effect of judgment on verdict, . II, 317
ib. on default,
exceptions on judgment by do-

fault,...
new trials when to be granted,

possession after recovery in new

trial,

evidence on new trial,
damages to be recovered,

mode of recovery,.
plea and defence to,
trial of issues, &c.,,
facts to be proved by plaintiff, 0, 320
set-off by defendant,
extent of recovery,.
assessing damages on default,

II, 320, 353
proceedings on death of plaintiff, 1, 320
proceedings where action is brought to
recover
dower before admeasurement,

II, 320, 353
ib. where brought after,...... II, 513
ib. when brought by landlord on

termination of tenancy at will, 1, 696

ib. when for non-payment of rent,
proceedings how stayed,
lease when annulled,
restoring premises to lessee,
relief in equity by lessee,
proceedings, &c., when brought by

claimant of land, pursuant to notice

from occupant,
injunctions to stay ejectment, on what
torms allowed...
provisions applicable to ejectments

in favor of the state, ....... I, 181

ib. when for escheated lands, .. I, 255
Elections, to be free,

I, 85
state canvassers,

1, 94
of state and county officers, represen-

tatives in congress, &c., qualifica-
tions, disabilities and privileges of

electors,
general elections, who to be chosen at, 1, 117

when held,
for how long,

1 117, 125
special, when held,.
for how long,

1, 117, 125
how ordered,
proclamation, &c.,. 1, 118, 125

elections how held,
ballot boxes, .
bribery, penalties for, .
canvass of votes by inspectors,
by county canvassers,

1,521
IT, 521
II, 522
II, 521
II, 522

II, 323

II, 197

1, 116

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L 118

I, 130
1, 119
1, 135
I, 148

1, 120
1, 133

I, 329

Elections, canvass of votes :

PAGR.
by state canvassers, .

1, 137
challenges, ..

I, 126, 127
clerks of elections, how appointed, .. I, 125
their duties,

1, 125, 129
commitment by inspectors for miscon-

duct,
county clerk, duty of, notices, &c.,

other duties, ..

his compensation,
canvassers, duty of, as to notices of
elections,

other duties,
districts,

.... 1, 118, 120
pay of officers,
first judge, duty of, as to notices, &c.,

1, 119, 148
inspectors, who to be, ...... 1, 118, 123

their duties as to notices, ..... I, 121
ib. as to manner of conducting

elections,..... 1, 124, 126, 129
ib. as to forming board of county

canyassers,
maintaining order,
notice of,

1, 118, 120
oaths to voters,
penalties for misconduct at elections, 1, 144

place of holding,
poll lists,

I, 128, 129
secretary of state, duties of, as to notices
of elections,
ib. prior to meeting of state can.

vassers, .
ib. as one of the state canvas-

ders, .

subsequent duties,
sheriff, duty of, as to notices, . . I, 121, 148
state canvassers, duties of, as to notices,

I, 137
I 130

1, 126

L 122

1, 119

1, 136

1, 137
I, 138

I, 120
1, 137
1, 613
1, 316

I, 101
I, 101

1, 142
1, 144
I, 116
1, 116
1, 116
I, 125

other duties,....
gaming tables, &c., at, prohibited,.

in towns,..
Election of justices of the peace,

in new towns, :

classification of justices elected,
Electors of president,

1, 132, 139
college of,

1, 142
formation and proceedings of college of

electors,

of senators in congress,
Electors, qualification of, .

disabilities of, .
privileges of,

mode of voting,
Embankments for support of dams, mali-
ciously destroying,

or injuring, ..
Embezzlement by clerks and servants,

of evidences of debt, not delivered, II, 698

by carriers, of effects not separated, 11, 699
Enactment of statutes,...,
England, statutes of, not law since 1788, I, 72
English language, proceedings to be had in, 1, 285
Enticing away child under twelve, ..... II, 685
Entry on land, when valid as a claim,
Entries to be made on land peaceably, &c., 11, 523

proceedings when made forcibly,

[See Forcible entries and detainers.)
Enumeration of inhabitants of states, when
and how taken,

1, 82

1, 718
1, 718
II, 698

1, 155

II, 304

II, 523

L 125
1 129
I, 146
\ 130

133

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2, 462

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IL, 706
II, 706
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, 706

IL
, 707

п, 107

II, 707
1, 254
1, 666

\ 666
4 666

1, 254
1, 181

Equity. (See Chancery, court of.]
Equity of redemption, not to be sold on cer-
tain executions,...
description of mortgaged premises,

Escapes :
actions for, ag'st sheriffs & other officers

to be brought within one year, .. II, 307
proceedings, &c., in such actions... 11

, 453
defense in action on limit bond, when

brought by sheriff,
proceedings in such action,

ib. if the action be brought by as-

signee of bond,
of sheriffs, arrested by coroners,
from prison, aiding felons in,...... II

, 705
aiding other prisoners for crimes

in,
aid by person to assist his own

escape,
from officers aiding in,
officers suffering,..

prisoners escaping to be retaken

and confined,
breaking state prison and escap-
ing,

11, 707
breaking county jail and escap-
ing,

11

, 707
attempt to, by violence, by convict in

state prison,...
attempt to, by violence, by prisoner in

county jail,
Escheated lands,
Escheats, lands when to escheat,

such lands to be held by state, subject

to trusts, &c.,
trusts how executed, &c.,
proceedings for the recovery of es-
cheated lands, ...

costs if defendant prevails,..
lands, if recovered, how disposed of, 1, 265
Essext, county of, named, ...

to have one member of assembly,.. 1, 150
supervisors of, where and when to

meet,
towns in, may allow bounties for des-
troying weeds,

may choose measurers,

ferries in,
Essoigns and wagers of law, abolished... II, 364
Estates in real property,.

tenure of,
persons capable of holding, &c.,.... 1, 667
mode of alienation,
creation and division of,......

enumeration of estates, .
see simple and fee simple absolute,.. 1, 670

grants of, how executed, &o., .. 1, 688
word “heirs" not necessary to

create,
estates tail abolished,...

remainders thereon when valid, 1, 671
freeholds, .....

grants of, how executed, &o.4 689
chattels real
chattel interests, .

certain limitations applicable to 1, 672
estates for life, of third person, when a
freehold,

not descendible,....
remainders upon,
successive, limitations of,

remainders upon,
heirs of tenant for life, when to

ļ 80

4 339

4 333
I, 336
4, 486

1, 666

1, 666

1, 688

1 670

$ 670

1, 699
1, 670

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PAGE

II, 382

execu-

II, 382

n, 382
L 217
1, 218

1, 339

II, 563

II, 613

... II, 616

IL, 616

II, 616

II, 617
...... II, 617

п, 619

..... II, 620

when to be endorsed on

tion,
such execution how to be returned,

&c., .
Erie canal, designated,
declared to be completed,

(See Canals.]
Erie, county of, named,

1, 80
to have two members of assembly,. I, 150
supervisors of, when and where to

meet,
Error, writ of, on orders vacating or affirm-
ing awards,

on proceedings under habeas corpus, 11, 594
in civil cases to issue of course, ... II, 612
by whom to be brought, .
excuses for not joining all parties,. I1, 614
proceedings to compel parties to join, IL, 615
effect of omitting non-residents, &c., 11

, 615
admitting parties to join, ...
striking out names of plaintiffs,
against whom writ to be brought, . II, 616
within what time to be brought, ..
by whom and when allowed, .
proceedings how stayed by,
Kling bond and certificate, ..
bail in error, notice of, justifying, &c., 11, 619
writ when to be superseded,..
when brought in ejectment, to stay ac-
tion for mesne profits, ......

......... II, 620
proceedings in such case on affirmance

of judgment, &o.,
form of writs to supreme court, how

returnable,
return, when to be made,
powers of court of errors,.
writs to other courts, how returned, 11, 621
returns how compelled, ...
certioraris to certify variances, &c., II, 621
proceedings on death of parties, ... II, 622
also on marriage of female parties, . II, 622
summons, &c., abolished,....
judgments against executors, &c.,.. I1, 623
defendant to be notified, &c...
judgments not to be reversed for cer-

tain causes,
proceedings on issues of fact in error, 11, 624
forfeitures not incurred for acts done

under a decision afterwards reversed
writ of, on decision of supreme court

respecting warrants against abscond-

ing debtors,
costs in,
in criminal cases,
how allowed in capital cases,
operation of, in other cases,
letting defendant to bail,
return to, proceedings on, .....
order of supreme court, on affirmance 1, 766

also on decision upon certiorari, II, 766
proceedings if new trial directed,.. II, 766
Errors, court of, .
Escapes, new execution may be issued on, 11, 377

sheriff's passing through other counties

when not an escape, ..

take as purchasers,

II, 620

II, 621
II, 621
II, 170

II, 621

II, 623

II, 623

II, 623

II, 624

II, 625
II, 641
II, 764
IL, 765
IL, 765
II, 765
II, 765

IL, 170

1 674

II, 445

PAGR.

PAGE,

1, 700

II, 354

II, 279

I, 691

II, 294

1, 671
\ 671

II, 294

II, 383

I, 674
I, 675
1, 673
1 671

II, 415

II, 419
II, 420

1, 672

1 672
1, 673

1, 674

I, 102
1, 108

1, 674

1, 380

Evidence, presumptive:

absence beyond sea, &c., presump-

tive evidence of death,
entries in justice's book of min-

utes,
notaries' protests, &c., in certain

cases,
notes or memorandums made by

them,
certificates of sheriff's sales, and

certified copies,
affidavits, &c., filed with deposi-

tions taken to perpetuate testi-

mony,
of publication of notices filed pur-

suant to law,..
of sale of real estate, .
certificate of loss of papers, . . II, 573
certain conveyances presumed

fraudulent, &c., . 1, 67, II, 137
Evidence, written.
public documents and records,

certificates of drawing, &c., of jus-

tices of the peace,
of canvassers of votes,
comptroller's certificates and con-

veyances,
records of licenses to lottery ven-

ders, ....
certificate of secretary of state to

resident alien, ..
treasurer's receipt to be countersigned, 1, 170
laws published in state paper,

in volumes by state printer, .
revised statutes,
records of conveyances and trans-

cripts thereof,..
discharges of insolvent debtors, re-

cords and transcripts,..
ib. assignments,
justice's docket book, &c.,
affidavits taken in other states, II, 412
records and proceedings of foreign

courts, &c., .
ib. of courts in others of the U.

States,
exemplifications of records, &c.

of conveyances,
of wills,...

II, 60, 61, 82
of records and papers made by

county clerks, ...... I, 350, 11, 420
of records and proceedings in for-

eign countries, ..
office copies certified,

by secretary of state,.... I, 166, 668
of certain accounts by comptroller,

1, 675

I, 620

1, 668

Estates in real property:

proceedings to discover the death

of persons on whose lives they

depend,

such persons when deemed dead, 1, 700
in dower,

[See Dower.]
estates in possession or expectancy,

definition thereof,.
excpectant estates descendible, devisable
and alienable,

time of their creation, .
how created, ....

when termed remainders,
[See Remainders and Reversions.]

when vested, when contingent, 1, 672
when void,
power of alienation in, suspension

of,...
two or more in alternative,.
not void because improbable, .. 1, 675
posthumous children, when to take
or defeat ...
not to be defeated by owners

of precedent estate, .... I, 674
but may be defeated by means

provided by grantor,
certain expectant estates abol.

ished,...
estates for years, construction of cer-
tain agreements in New York, ... I, 695

[See Landlord and tenant.]
to be chattels real,...
bound by judgments and decrees,

II, 189, 371
not descendible,
contingent remainders on, .....
estates for life as remainders on, 4, 673
certain remainders on, how con-

strued,
estates at will how terminated by 110-
tice,

to be chattel interests, .
how reached by creditors in cer.

tain cases,....
estates by sufferance, .

I, 671, 696
ostates in severalty, joint tenancy and in

common,
accumulation of profits, in land,
powers,
uscs and trusts, certain, abolished,

every interest in lands, a legal
right, except, &c., ....

[See Uses and trusts.]
existing estates how far affected

by Chapter I. of Part II,.... 1, 701
what estates descendible,

what devisable, ....
Evidence conclusive,

probate of wills, as to personal pro-
perty, until, &c.,

II, 61
certain set-offs established against ex.

ecutors and administrators, ..
printed volumes of revised statutes, 1, 71
letters testamentary and of administra-

tion,
presumplive,

certain grants, of title in state,. I, 255
fence viewers' certificate as to in

jury by dogs,

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PIGE

II, 62

IL, 285
II, 416

, 257

II, 412

II, 417
17, 417

IL, 413

IL, 414

II, 418
IL 419
II, 419

or

1, 710

Evidence, judicial proceedings :

depositions taken on proof of will,
answers to bills in chancery,.. 11, 181
certificates of sheriff's sales, &c., II, 383
had in other states and in foreign

countries, ...
depositions taken in this state to

be used in other states and

countries,..
depositions in perpetuam rei me-

moriam,
deeds and other private instruments,

conveyances acknowledged

proved,
ib. of treasurer of Connecticut, 1, 711
proof of deeds, when witnesses

1, 624

713

1, 710
1,58
IL 61

.

, 149
II, 151
II, 153

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I, 318

ц319

Evidence, attendance of witnesses, de:

courts of record may issue sub-

ponas,
subpænas how served,
ib. in justices' courts, .
penalties on witnesses disobeying

subpænas, ..
mode of enforcing,..

penalties, &c., in justices' courts, I, 257
privileges of witnesses,

witnesses when exempt from ar-

rest,
how discharged therefrom,

penalties for arresting, ...
Evidence in particular cases,

in prosecutions under law concerning

raffling and lotteries, .
in actions for use and occupation, .. 1,698
of execution of conveyances, ..
of execution of wills of land,
of wills of personal estate, ..
in chancery, on bills to annul a mar-

riage,
ib. for a divorce,
ib. for a limited divorce, ..
ib, to set aside fraudulent judgment, II, 181
of authority to bring ejectment,.

upon merits in such action, ... I, 315
upon new trial therein,

upon suggestion for mesne profits,
books, papers, &c. produced under or

der of supreme court
under notice with general issue,
under general issue in certain cases, 1, 365
under certain replications .....
upod assessment of damages on de-

fault,...
in justices' courts, ..
as to commencement of suit in support

of plea of statute of limitations, . , 308
as to lost instruments, .....
consideration of sealed instruments, II, 423
certain variances may be disregarded, 11, 423
confessions of members of corpora-

tions how far evidence, ....
that official papers cannot be found, L, 573
of special matters under general issue

in actions relating to distress for
rent, ...

II, 520
certificate of conviction before special

sessions, to be,
minutes of courts, to be evidence of

convictions,
agreement to withhold, corruptly,

1, 711, 714
in particular criminal cases,

on charge of receiving stolen pro-
perty,
conviction of principal not nec
essary,

IL, 701
nor, on charge of compounding

offenses,
of overt acts, necessary in treason,

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are dead,..
certificates and affidavits, in cases

of limited partnerships,
wills, records and transcripts, IL, 60, 82

inventories of executors, &c., . II, 468
preservation of written evidence,

affidavits of publishing notices, 11, 420
of sales of real estate, .
private papers,
wills, ...

certificate of search for papers, II, 573
cral testimony,
witnesses, what religious belief necos-
sary,
not to be required to declare be-

lief,
but belief or unbelief to be proved,

1, 717

II, 420
II, 421
II, 421

II, 425

II, 425

II, 425

II, 422

II, 422

II, 424

I, 616

may be compelled to answer ques-

tions subjecting to civil suits, I, 422
ministers not to disclose certain

confessions, ....
physicians not to disclose certain

information,
corporators against their corpora-

tion,
persons betting, gaming, &c.,

against accomplices,
creditor competent to will,. II, 58
plaintiff or his attorney when de-
mand has been brought for suit,

II, 298
ib. in justice's court, ....

II, 276
persons within this state, when and

how examined conditionally, II, 407
testimony of, out of this state, when
and how taken on commission,

II, 409
devisee or legatee, to execution of
will,

II, 65
attendance of witnesses how compelled,

to prove deed before officer,
to prove will before surrogate,

&c.,
to have their testimony taken con-

ditionally,..
to appear before commissioners

issued from courts of other
states, .
before officer when no com-

mission is issued,
ib. to have testimony perpetuated,

1, 710

IL, 58

II, 409

II, 414

II, 414

II, 414

... II, 434

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PAGL

II, 375

II, 379

II, 379
II, 379

Excecutions, in personal actions :

bond when to be executed, ... II, 290
return of execution satisfied, to dis-

charge judgment,..
against property,

goods bound from delivery only, II, 379
priority of executions and attach-

mente, ..
title of purchasers before levy,

protected,..
what may be levied on,
property taken by, when not to be

replevied, ..
notice of sale of chattels, .
what articles exempt from execu-

tion, ...
materials for canals, .
sale of personal property, how con-

ducted,
execution for sale of real estate, II, 381
ib. against heirs, ter-tenants, &c., II, 381
lands held in trust, liable to exe-

cution, .....
executions against dead persons,

IL, 540
II, 380

Evidence, administration of oaths, dec. : PAGE,

II, 380
1, 224

II, 381

II, 381

II, 381

equity of redemption not to be

sold, &c.,
advertisement of sale of real estate,

II, 382

II, 382

sale how to be conducted, ..., II, 383
certain officers not to purchase, II, 383
certificate on sale of real estate, II, 383
when, &c., land may be redeemed,

II, 384

II, 385

II, 387

sale to be void on redemption, II, 385
interest of purchaser how acquired,

if not redeemed, by creditors,

&c,
legal estate in land sold, when to

vest,
conveyance when and how to be
executed,

effect thereof,
money on redemption, &c., to whom

to be paid if sheriff die,.... II, 388
purchaser may sue for waste, . II, 347
certain acts of occupant not waste,

II, 388
II, 388

II, 347
II, 347

II, 389

waste how prevented,
remedies for failure of title to land

sold by execution,..
remedies in chancery, when execu-

tion is returned nulla bona,, II, 180
against the person,

provisions concerning, ... II, 377, 391
in actions for penalties for tres-
passes on state or Indian lands,

1, 210
on judgments in justices' courts, II, 265
Executive officers,

..

1, 110
1, 162

II, 424

II, 731
II, 732

II, 732

II, 733
II, 733

II, 422
ц440
II, 440

exceptions, ..
E.caminations of prisoners,

by what officers to be made,.
proceedings therein,...
when prisoners to be discharged,.. II, 732
when to be committed or bailed,
examinations, &c., when to be certified,

how compelled,..
Examiners in chancery,

1, 87, II, 293
Examination of witnesses,.
Exceptions, bills of, in civil cases,

when made, and how,
not to prevent motion to set aside ver-

dict,
how certified and returned,
subsequent proceedings,
bills of, in criminal cases,
may be filed by defendants,
when proceedings stayed by,

proceedings on,
Excessive bail, not to be required, I, 85
Exchange, bills of,

rate of, when taken into account in es-

timating damages on bills,

of lands, dower in case of,
Excise, who commissioners of, in towns, . I, 631

their powers and duties, .
fee for licenses,

for bond,..
money, in certain counties to be paid
to county treasurer,

1, 571, 636
executions for penalties under excise
law out of justices' courts, ..... II, 268

defendant how imprisoned there-

II, 440
II, 440
II, 440
II, 760
II, 760
II, 760
II, 760

1, 721

1, 724
1, 691

1,631
1, 632
I, 633

on, ..

II, 268

II, 678

II, 190
II, 199
II, 317
II, 338

II, 351
II, 376

II, 376

[See Taverns and groceries.]
Execution, warrant for,..
Executions,

out of chancery,
ib, for satisfaction of mortgage,
in ejectment,..
in partition,..
in other suits relating to land, .... II, 353
not to be avoided by feigned recoveries,
in personal actions,

may issue within two years after

judgment,..
like executions may issue at same

time to different counties, ... II, 377
but not different executions,
when body taken, no other execu-

tion to issue, except, &c., ... II, 377
direction to collect interest, ... II, 377
indorsement of receipt of execu-

tion,
executions against sheriffs,... II, 377
against executors and administra-
tors,

II, 90, 120, 376
against joint debtors,..
in actions on bonds for perform-

ance of covenants, ....
against defendant after surrender,

II, 377

II, 377

duties of, .
Executors, who incompetent to serve as, II, 71

proceedings of all be incompetent, . 11, 71
married women, when entitled to
letters,

II, 71
supplementary letters after disability
removed,

II, 71
creditor may object to,

II, 71
duty of surrogate thereon,

II, 72
ronunciation of,....

II, 72

II, 392

II, 392

II, 396

necessary before suits against bail,

II, 397

how affected by order to stay pro-

ceedings,

п, 290

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