STATUTES. Provisions relating to particular subjects. § 1. Enactment, requisites, and validity Laws 1896, c. 141, providing for payments § 2. Subjects and titles of acts. Laws 1863, c. 361, held not void in toto, un- Laws 1892, c. 340, amending Laws 1863, c. CONSTRUED. .1011 757. Amended by Laws 481|§ 957 820 § 995 .1060 § 1013 426 $1349 Art. 6, § 18. Art. 6, § 19. .... Art. 3, § 16. Art. 3, 18. Art. 3, § 26. Art. 5, § 9. Art. 10, § 5. 34 621 $$ 803, 804 Art. 12, § 3.. § 820 34 .820, 916 $ 1525 287 936 570 765. 269 127 810 389836 536 § 840 195 894 538 § 1925 225 §§ 2323, 2325. .479, 480 436 .654, 655 666 536 § 915 .936, 1021 § 920 693, 694 § 3371 682 196 Amended by Laws 1889. ch. 548 978 185 955 1897, ch. 378, § 1065... 185 ... 1876, ch. 176. 1882, ch. 36.. 1882, ch. 409, § 68. 34 1882, ch. 410, § 64....785, 786 51 $ 3372 412 CODE OF CRIMINAL PRO 194, 196 1882, ch. 410, § 992. Amended by Laws 1893, 194 ch. 660: Laws 1895, ch. 449, § 3.. 911 Greater New York. Laws Greater New York. Laws Greater New York. Laws Page 1885, $ 8, 9....... 602 Long Island City. Laws 1882, ch. 410, § 993. 911 1882, ch. 410, § 1000. Re 778 411 261 .30. 978 978 1083 1060 678 CITY CHARTERS. 30 ..1070 634 7-9, 11 ....693, 694 Brooklyn. Laws 1888, ch. 583. Amended by Laws 1890, ch. 565, §§ 91, 93, 95. 1895, ch. 329... 98 1031 .1030, 1031 Corning. Laws 1890, ch. 1848, ch. 40. 311 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. 1860, ch. 360. S 675 Greater New York. Laws 1897, p. 347, § 980..... 892 1890, ch. 568. $ 59a. 946 .1030 ... 519 1896, ch. 908, art. 2, § 21.. 978 | 1897, ch. 378, § 1358. Great- 1892, ch. 340. .1030 1896, ch. 908, § 21 .30, 519 194, 196 194 355 .1093 1896, ch. 909, §§ 56, 57... 690 1897, ch. 378, § 1364. 1031 888, 889 1892. ch. 686, § 12. 1892, ch. 686, § 161. 782 1892, ch. 686, § 230...484, 782 1897, pp. 30, 182, §§ 95, 1897, ch. 378, 1366. Greater New York Char- 675 682 1897, ch. 378, § 1370, 196 113 1897, ch. 378, § 1588. 1897, ch. 378, § 2. Greater 1897, ch. 414, §§ 145-147 218 647, 648 1897, ch. 418, § 18, subd. 4 305, 306 1897, ch. 378, § 1614. 66 .1077 196 201 414 266 369 .1070 ..1011 42 946 1896, ch. 835, § 1. 201 STAY. sary incident to the construction of the tracks Const. art. 3, § 18 (Amend. 1875), does not A street railroad extending its lines, under The consent of the commissioner of street im- The corporate life of a street-railroad com- 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." § 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. An invalid tax is not validated by the fact Assessment valid under the act in force when Assessors held to have jurisdiction to assess Laws 1896, p. 908, § 225, providing that, TENANTS. See "Landlord and Tenant." TESTAMENTARY CAPACITY. TESTAMENTARY POWERS. TIMBER. A taxpayer held to have lost by his delay his § 4. Payment and refunding or recov- An action to set an assessment aside and to 952. One purchasing land for taxes after the state On reversal of an order canceling. a sale to On reversal of an order canceling a sale to 725. § 5. Legacy, inheritance, and transfer taxes. Transfer of stocks held to take effect at once, Transfer of stocks in consideration of pay- Transfer of stock for erection of monument TIME. For performance of contract, see "Contracts," TITLE. See "Covenants," § 1; "Eminent Domain." Particular matters affecting title. See "Adverse Possession.” Titles of particular acts or proceedings. TORTS. By particular classes of parties. See "Assault and Battery"; "Fraud"; "Libel Complaint alleging that a tenant in common. Tenant in common, who, with the others, TOWNS. Code Civ. Proc. § 1290, providing that mo- See "Counties"; "Municipal Corporations." § 1. Fiscal management, public debt, A town assessor is not legally authorized to |