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STATUTES.

Provisions relating to particular subjects.
See "Descent and Distribution"; "Intoxicating
Liquors"; "Mechanics' Liens," § 3.
Revenue laws, see "Internal Revenue."
Statute of frauds, see "Frauds, Statute of."

§ 1. Enactment, requisites, and validity
in general.

Laws 1896, c. 141, providing for payments
of tax on premiums of foreign fire insurance
companies on property in Long Island City to
the trustees of a firemen's fund, held a "special
city law," within Const. art. 12, § 2, and void
for noncompliance therewith.-Exempt Fire-
men's Ass'n of Long Island City v. Trustees of
Exempt Firemen's Benev. Fund of Long Island
City (Sup.) 621.

§ 2. Subjects and titles of acts.

Laws 1863, c. 361, held not void in toto, un-
der Const. art. 3, § 16, because embracing more
than the subject expressed in the title.-Boh-
mer v. Haffen (Sup.) 1030.

Laws 1892, c. 340, amending Laws 1863, c.
361, by providing for the consolidation of
embrace more than one subject.-Bohmer v.
street railways formed thereunder, held not to
Haffen (Sup.) 1030.

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CONSTRUED.

.1011 757. Amended by Laws

481|§ 957
600$ 986

820 § 995

.1060 § 1013

426 $1349

Art. 6, § 18.

Art. 6, § 19.

....

Art. 3, § 16.

Art. 3, 18.

Art. 3, § 26.

Art. 5, § 9.

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Art. 10, § 5.

34

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$$ 803, 804

Art. 12, § 3..

§ 820

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287

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570

765.

269

127

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195 894

538 § 1925
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225 §§ 2323, 2325.
.1023 § 2432

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§ 3371

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Amended by Laws 1889. ch. 548

978

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185

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1897, ch. 378, § 2.
927 Greater New York. Laws
926 1897, ch. 378, § 11..
555 Greater New York. Laws
420 1897, ch. 378, § 722...1077
927 Greater New York. Laws
926 1897, ch. 378, § 998...64, 65
1075 Greater New York. Laws
303 1897, ch. 378, § 1000... 295
869 Greater New York. Laws
1075

1897, ch. 378, § 1065... 185
987 Greater New York. Laws
984 1897, ch. 378, § 1172....1023
987 Greater New York. Laws
523 1897, ch. 378, §§ 1351,
915 1352
Greater New York. Laws
1897, ch. 378, § 1358..

...

1876, ch. 176.
1876, ch. 422.
1879, ch. 542.
1880, ch. 14, § 79. Roches-
ter City Charter.
1881, ch. 319..
1881, ch. 531. Amended by
Laws 1887, ch. 673; Laws
1892, ch. 301.

1882, ch. 36..

1882, ch. 409, § 68.
1882, ch. 410.

34 1882, ch. 410, § 64....785, 786
1882, ch. 410. § 704..

51

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CODE OF CRIMINAL PRO

194, 196
Greater New York. Laws
1897, ch. 378, §§ 1359-
1363.

1882, ch. 410, § 992. Amended by Laws 1893,

194

ch. 660: Laws 1895, ch. 449, § 3..

911

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Greater New York. Laws
1897, ch. 378, § 1364..
177, 196
Greater New York. Laws
1897, ch. 378, § 1366..
175, 176
Greater New York. Laws
1897, ch. 378, § 1368.... 194
Greater New York. Laws
1897, ch. 378, § 1370,
subds. 2, 4.

Greater New York. Laws
1897, ch. 378, subch. 21,
§ 1448

Greater New York. Laws
1897, ch. 378, § 1588... 947
Greater New York. Laws
1897, ch. 378, § 1608... 65
Greater New York. Laws
1897, ch. 378, § 1613...1078
Greater New York. Laws
1897, ch. 378, § 1614.... 66
Kingston. Laws 1896, ch.
747
Long Island. Laws 1871,
ch. 461, tit. 6, § 6.
Amended by Laws 1889,
ch. 548
.30, 978

Page 1885, $ 8, 9....... 602 Long Island City. Laws

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1882, ch. 410, § 993.

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1882, ch. 410, § 1000. Re

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978

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678

CITY CHARTERS.

30

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7-9, 11

....693, 694

Brooklyn. Laws 1888, ch.

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583. Amended by Laws

1890, ch. 565, §§ 91, 93, 95.

1895, ch. 329...

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1031 .1030, 1031

Corning. Laws 1890, ch.

1848, ch. 40.

311

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58, tit. 7, § 11.

716

1848, ch. 319, § 6.

710

Amended by Laws 1894,

Greater New York. Laws 1897, pp. 30, 182, §§ 95, 518

1853, ch. 62.

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1860, ch. 360.

S

675

Greater New York. Laws

1897, p. 347, § 980..... 892

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1890, ch. 568. $ 59a.
Amended by Laws 1898,
ch. 641

946

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848

1896, ch. 908, art. 2, § 21.. 978 | 1897, ch. 378, § 1358. Great-
1896, ch. 908, § 4.
er New York Charter..
1896, ch. 908, § 7.

1892, ch. 340.

.1030

1896, ch. 908, § 21

.30, 519

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194, 196
1897, ch. 378, §§ 1359-
1363. Greater New York
Charter

194

355

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1896, ch. 909, §§ 56, 57...
1896, ch. 960, §§ 5, 7, 13..

690

1897, ch. 378, § 1364.

1031

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1892, ch. 686, § 161.

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484

1892, ch. 686, § 230...484, 782

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1897, pp. 30, 182, §§ 95,
518. Greater New York
Charter
1897, p. 347, § 980. Great-
er New York Charter.. 892
1897, pp. 491, 495. §§ 1373,

1897, ch. 378,

1366.

Greater New York Char-

675

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1897, ch. 378, § 1370,
subds. 2, 4. Greater New
York Charter

196

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1897, ch. 378, § 1588.

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1897, ch. 378, § 2. Greater
New York Charter.
1897, ch. 378, § 11. Great-
er New York Charter... 185
1897, ch. 378, § 722. Great-
er New York Charter...1077
1897, ch. 378, § 998. Great-
er New York Charter. .64, 65
414 1897, ch. 378, § 1000. Great-
621 er New York Charter... 295
8421897, ch. 378, § 1065. Great-
833 er New York Charter.. 185
281 1897, ch. 378, § 1172. Great-
er New York Charter..1023
1897, ch. 378, §§ 1351, 1352.
Greater New York Char-
ter

1897, ch. 414, §§ 145-147 218
1897, ch. 414, § 146.
219
1897, ch. 415, §§ 18, 20... 616
1897, ch. 418, art. 1, § 7..

647, 648

1897, ch. 418, § 18, subd. 4

305, 306
1897, ch. 418, § 70..386, 388
1897, ch. 484.
1897, ch. 536.
1897, ch. 612, § 50.
1897, ch. 754, § 61.
1898, ch. 184.
1898, ch. 186.
1898, ch. 588, §§ 4, 5.
34 1898, ch. 641.

1897, ch. 378, § 1614.
1897, ch. 414..

66

.1077

196

201

414

266

369

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..1011

42

946

1896, ch. 835, § 1.

201

STAY.

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sary incident to the construction of the tracks
themselves, is not within Const. art. 3. § 18
(Amend. 1875).-Kunz v. Brooklyn Heights R.
Co. (Sup.) 187.

Const. art. 3, § 18 (Amend. 1875), does not
extend to traffic contracts, under Railroad
Laws, 78, permitting railroad companies to
contract with other companies to operate cars
over the former's tracks.-Kunz v. Brooklyn
Heights R. Co. (Sup.) 187.

A street railroad extending its lines, under
Laws 1892, c. 676, held not restricted to a mere
prolongation of its lines.-Bohmer v. Haffen
(Sup.) 1030.

The consent of the commissioner of street im-
provements of the Twenty-Third and Twenty-
Fourth wards of the city of New York for the
construction of a street railway in such wards
held unnecessary.-Bohmer v. Haffen (Sup.)
1030.

The corporate life of a street-railroad com-
pany formed under Laws 1863, c. 361, held not
affected by failure to comply with section 9,

and 88 New York State Reporter.

since such section is unconstitutional.-Bohmer | in other securities held by him for the same v. Haffen (Sup.) 1030. debt.-Sternbach v. Friedman (Sup.) 608.

A company given a right by county supervisors to operate its road in a street occupied by another company held to be given the right

SUBSTITUTION.

to use such other company's tracks.-Staten Of attorney, see "Attorney and Client," § 1. Island Midland R. Co. v. Staten Island Electric R. Co. (Sup.) 598.

A company accepting a franchise held bound

SUCCESSION.

by a stipulation therein requiring it to permit See "Descent and Distribution."
another company to use its tracks.-Staten
Island Midland R. Co. v. Staten Island Electric
R. Co. (Sup.) 598.

§ 2. Regulation and operation.

Evidence in action for injuries to person on track held to show plaintiff guilty of contributory negligence.-Johnson v. Brooklyn Heights R. Co. (Sup.) 547.

Workmen repairing a street are entitled to more warning of an approaching car than the noise it makes in running.-Lewis v. Binghamton R. Co. (Sup.) 452.

Contributory negligence of plaintiff when struck by defendant's street car held for the jury.-Lewis v. Binghamton R. Co. (Sup.) 452.

In an action for killing a six year old child, a verdict for plaintiff held error, in that it was as reasonable to infer due care on defendant's

See "Action."

See "Process."

SUIT.

SUMMONS.

SUPPLEMENTARY PROCEEDINGS.

See "Execution," § 1.

SURETYSHIP.

See "Principal and Surety."

SURPRISE.

part, from the evidence, as negligence.-White As ground for new trial, see "New Trial," § 2. v. Albany Ry. (Sup.) 445.

Facts held not to show negligence of company in not discovering and repairing defective rail before injury resulted.-Kelly v. Metropolitan St. Ry. Co. (Sup.) 173.

Verdict for plaintiff, in an action for personal injuries received in a collision with a car, set aside, as against the weight of evidence.-O'Keefe v. Third Ave. R. Co. (City Ct. N. Y.) 1088.

Where the rear of plaintiff's wagon was struck by an approaching car, held erroneous to instruct that plaintiff had the right to assume that he would be given timely warning of the approach of a car.-Devine v. Brooklyn Heights R. Co. (Sup.) 626.

STREETS.

See "Municipal Corporations," § 5.

SUBROGATION.

A third mortgagee, who had paid off the first mortgage and had had it satisfied in ignorance of the second mortgage, which was induced by the representations of the attorney for the mortgagor and for the second mortgagee, held to have prior rights to the extent of all the rights under the first mortgage prior to its satisfaction.-Lanier v. Milliken (Sup.) 424.

Answer to a suit on a surety's bond held to put in issue the question of the right to subrogation.-Sternbach v. Friedman (Sup.) 608.

A surety paying a debt for his principal is entitled to be subrogated to the creditor's right

TAXATION.

See, also, "Internal Revenue."

1. Nature and extent of power in

general.

Under its taxing power, the legislature has Power to revise and correct its enactments to remedy unforeseen results of former acts.People v. Molloy (Sup.) 1084.

Instead of delegating the details of taxation itself.-In re Curren (Sup.) 917. to officials. the legislature may execute them

Laws 1896, c. 908, § 7, providing for taxation of nonresidents doing business in the state. construed, and right to exemption to amount of indebtedness in state determined.-People v. Barker (Sup.) 848.

§ 2. Liability of persons and property. The assessment and levy of a tax on the full value of realty held not without jurisdiction, though the owner could claim an exemption on account of pension money invested therein.— Worden v. Oneida County (Sup.) 952.

Laws 1896, c. 908, § 4, subd. 14, exempting from taxation the deposits in any bank for sav ings which are due depositors, applies to the taxation of such deposits as the property of the depositors.-People v. Dederick (Sup.) 519.

A lot paid for with pension money is not exempt from local assessment for street paring.-Tucker v. City of Utica (Sup.) 855.

1 Rev. St. p. 388, § 4, subd. 9, exempting realty purchased with pension money, held to exempt only the pension money invested.-Worden v. Oneida County (Sup.) 952.

3. Levy and assessment.
Voluntary payment of an invalid tax does
not estop the taxpayer from questioning the
validity of subsequent similarly invalid tax.-
In re Wood (Sup.) 30.

An invalid tax is not validated by the fact
that a similarly invalid tax had been levied
and paid without protest for a number of years
prior thereto.-In re Wood (Sup.) 30.

Assessment valid under the act in force when
made held not invalidated by tax commission-
ers incorrectly describing in notice the statute
which they had assumed to act.-People v.
Barker (Sup.) 848.

Assessors held to have jurisdiction to assess
a general tax against a lot partly paid for
with pension money.-Tucker v. City of Utica
(Sup.) 855.

Laws 1896, p. 908, § 225, providing that,
when a transfer tax has been erroneously paid,
the comptroller may refund the amount, does
not obligate an executor to appeal from the or-
der fixing the tax.-In re Sherar's Estate (Sur.)
930.

TENANTS.

See "Landlord and Tenant."

TESTAMENTARY CAPACITY.
See "Wills," § 2

TESTAMENTARY POWERS.
Restrictions on power to devise or bequeath, see
"Wills," § 1.

TIMBER.

A taxpayer held to have lost by his delay his
right, under Consolidation Act, § 822 (Laws See "Logs and Logging."
1882, c. 410), to correct his assessment.-Peo-
ple v. Feitner (Sup.) 902.

§ 4. Payment and refunding or recov-
ery of tax paid.

An action to set an assessment aside and to
recover taxes paid thereunder because the prop-
erty was partially exempt held not maintainable,
where the exemption was not claimed on griev-
ance day.-Worden v. Oneida County (Sup.)

952.

One purchasing land for taxes after the state
had acquired title is entitled to reimbursement.
-People v. Campbell (Sup.) 725.

On reversal of an order canceling. a sale to
the state for taxes on payment of taxes by de-
fendant, held, that he must execute a deed to
the state as a condition of receiving reimburse-
ment.-People v. Campbell (Sup.) 725.

On reversal of an order canceling a sale to
the state for taxes on payment of taxes by
defendant, held, that he was not entitled to pay
for improvements made by him on the land aft-
er such cancellation.-People v. Campbell (Sup.)

725.

§ 5. Legacy, inheritance, and transfer

taxes.

Transfer of stocks held to take effect at once,
and not taxable as gift, to take effect on death
of donor, under Laws 1892, c. 399.-In re
Edgerton's Estate (Sup.) 700.

Transfer of stocks in consideration of pay-
ment of certain annuities, reserving no power
of revocation, is not a gift causa mortis, with-
in Laws 1892, c. 399, taxing gifts made in con-
templation of death.-In re Edgerton's Estate
(Sup.) 700.

Transfer of stock for erection of monument
to donor held provision for funeral expenses, not
taxable as gift, to take effect on death of
donor, under Laws 1892, c. 399.-In re Edger-
ton's Estate (Sup.) 700.

TIME.

For performance of contract, see "Contracts,"
§ 2.

TITLE.

See "Covenants," § 1; "Eminent Domain."
Removal of cloud, see "Quieting Title."
Sufficiency of title of vendor of land, see "Ven-
dor and Purchaser," § 3.

Particular matters affecting title.

See "Adverse Possession.”

Titles of particular acts or proceedings.
Statutes, see "Statutes," § 2.

TORTS.

By particular classes of parties.
See "Municipal Corporations," § 6.
Employés, see "Master and Servant," § 4.
Particular torts.

See "Assault and Battery"; "Fraud"; "Libel
and Slander"; "Malicious Prosecution"; "Neg-
ligence"; "Trespass": "Trover and Conver-
sion."

Complaint alleging that a tenant in common.
who had agreed to sell the property, persuaded
others of them not to sign deed, does not show
that she prevented consummation of contract.
-Daly v. Cornwell (Sup.) 107.

Tenant in common, who, with the others,
has contracted to sell the common property.
others not to consummate contract.-Daly v.
held not liable to purchaser for inducing the
Cornwell (Sup.) 107.

TOWNS.

Code Civ. Proc. § 1290, providing that mo- See "Counties"; "Municipal Corporations."
tions to set aside judgments for errors in fact
not arising on the trial must be made within
two years, does not apply to an application for
refunding of a transfer tax.-In re Sherar's
Estate (Sur.) 930.

§ 1. Fiscal management, public debt,
securities, and taxation.

A town assessor is not legally authorized to
defend at the expense of the town, without au-

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