網頁圖片
PDF
ePub 版

for a period of one year at least, may proceed to sell the same at public auction, and out of the proceeds may retain the charges of transportation and storage of such article, goods or thing and the expenses of advertising and sale thereof; but no such sale shall be made until the expiration of four weeks from the first publication of notice of such sale, in a newspaper published at or nearest the place, at which such article goods or thing, was directed to be left, and also at the place where such sale is to take place; and said notice shall contain a description of such article goods or thing, the place at which the same was to be left, as near as may be, together with the name of the person to whom directed, if known, and the expenses incurred for advertising shall be a lien upon such article goods or thing, in a ratable proportion, according to the value of each article, package or parcel, if more than one. L. 1855, c. 523, § 1. 34 N. Y. St. R. 55.

7 Same: perishable goods. In case such unclaimed article goods or thing shall in its nature be perishable, the same may be sold as soon as it can be on giving the notice required in the preceding section after its receipt at the city town or village to which it was directed. Id., § 2.

8 Surplus to be paid to owner. Such express company or person or persons engaged in the express business, shall make an entry of the balance of the proceeds of the sale, if any, of each article goods or thing, directed to the same person as near as can be ascertained and at any time within five years thereafter, shall refund any surplus so retained to the owner of such article, goods, or thing, his heirs or assigns, on satisfactory proof of such ownership. Id., $ 3.

9 When paid to county treasurer. In case such balance shall not be claimed by the rightful owner within five years after the sale as above specified, then it shall be paid to the county treasurer for the use of the county poor of said county. Id., § 4. CHECKS FOR; see Railroad Law, SS 44, 47. OF EMIGRANTS, LANDING AND TRANSPORTATION OF; see Emigrants, ss 77, 90-94. EQUIPMENT OF FREIGHT CARS; see Railroad Law, SS 506-501, 192. LIEN UPON, OF KEEPER OF INN OR BOARDING-HOUSE; see Emigrants, 8 74; Inns, etc.,

S$ 1-8. PURIFICATION OF, AT QUARANTINE; see Public Health Law, SS 85, 113, 116, 117, 122, 123. SALE OF, TO SATISFY WAREHOUSEMAN'S LIEN; see Warehousing. SALE OF UNCLAIMED, BY RAILROAD AND TRANSPORTATION COMPANIES; see Railroad Law,

S 46.
TRANSPORTATION OF, BY CONNECTING LINES OF RAILROADS AND STEAMERS; see Railroad

Law, SS 34, 47, 48.
ON TRAMWAYS; see Transportation Corporations Law, S 30.

GAME BY; see Fisheries, etc., Law, $ 249.
WILFUL OR RECKLESS INJURY TO; see Railroad Law, S 45.
BAGGAGE OF PASSENGER REFUSING TO PAY FARE; see Railroad Law, $ 40.
BAGGAGE-MASTERS; see Railroad Law, SS 43, 188.
FREIGHT AGENT, SERVICE OF PROCESS UPON; see Justices' Courts, $ 20.
FREIGHT CAR NOT TO BE PLACED IN REAR OF PASSENGER CAR; see Railroad Law, $ 190.
See also Chattels; Common Carriers ; Personal Property.

FREMONT, Town OF, IN STEUBEN County. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 56.

FREMONT, Town OF, IN SULLIVAN COUNTY.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 36.

FRENCH CREEK, Town OF.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 68.

FRIENDS.
See Rights, Bill of, $ 5; Religious Corporations Law, SS 92, 93.
APPLICATION BY FRIEND OF AGED, DECREPIT, ETC., PERSON; see State Charities Law.
$ 83d.

FRIENDSHIP, Town OF.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 66.

FRUIT TREES.
DISEASES OF; see Agricultural Law, SS 82–84.
MALICIOUS INJURY TO; see Malicious Mischief, ss 5, 7.
MECHANICS' LIENS FOR SETTING OUT, ETC.; see Mechanics' Liens, SS 31-57.
SALE OF FRUIT; see Domestic Commerce Law, S 9; Sunday, 8 9.
See also Trees.

FUGITIVES FROM JUSTICE. Fugitives from another State or Territory, into this State. 1 To be delivered up by the governor, on demand, etc. It shall be the duty of the governor, in all cases where by virtue of a requisition made upon him by the governor of another state or territory, any citizen, inhabitant or temporary resident of this state is to be arrested, as a fugitive from justice (provided that said requisition be accompanied by a duly certified copy of the indictment or information from the authorities of such other state or territory, charging such person with treason, felony or crime in such state or territory), to issue and transmit a warrant for such purpose to the sheriff of the proper county or his under-sheriff, or in the cities of this state (except in the city and county of New York, where such warrant shall only be issued to the superintendent or any inspector of police), to the chiefs, inspectors or superintendents of police, and only such officers as are above mentioned, and such assistants as they may designate to act under their direction shall be competent to make service of or execute the same. The governor may direct that any such fugitive be brought before him, and may for cause, by him deemed proper, revoke any warrant issued by him, as herein provided. The officer to whom is directed and intrusted the execution of the governor's warrant must, within thirty days from its date, unless sooner requested, return the same and make return to the governor of all his proceedings had thereunder, and of all facts and circumstances relating thereto. Any officer of this state, or of any city, county, town or village thereof, must, upon request of the governor, furnish him with such information as he may desire in regard to any person or matter mentioned in this chapter.

2. Before any officer to whom such warrant shall be directed or intrusted shall deliver the person arrested into the custody of the agent or agents named in the warrant of the governor of this state, such officer must, unless the same be waived, as hereinafter stated, take the prisoner or prisoners before a judge of the supreme court, or a county judge, who shall, in open court, if in session, otherwise at chambers, inform the prisoner or prisoners of the cause of his or their arrest, the nature of the process, and instruct him or them that if he or they claim not to be the particular person or persons mentioned in said requisition, indictment, affidavit or warrant annexed thereto, or in the warrant issued by the governor thereon, he or they may have a writ of habeas corpus upon filing an affidavit to that effect. Said person or persons so arrested may, in writing, consent to waive the right to be taken before said court or a judge thereof at chambers. Such consent or waiver shall be witnessed by the officer intrusted with the execution of the warrant of the governor, and one of the judges aforesaid or a counselor-at-law of this state, and such waiver shall be immediately forwarded to the governor by the officer who executed said warrant. If, after a summary hearing as speedily as may be consistut with justice, the prisoner or prisoners shall be found to be the person or persons indicted or informed against, and mentioned in the requisition, the accompanying papers and the warrant issued by the governor thereon, then the court or judge shall order and direct the officer intrusted with the execution of said warrant of the governor to deliver the prisoner or prisoners into the custody of the agent or agents designated in the requisition and the warrant issued thereon, as the agent or agents upon the part of such state to receive him or them; otherwise to lie discharged from custody by the court or judge.

If upon such hearing the warrant of the governor shall appear to be defective or improperly executed, it shall be by the court or judge returned to the governor, together with a statement of the defect or defects, for the purpose of being corrected and returned to the court or judge, and such hearing shall be adjourned a sufficient time for the purpose, and in such interval the prisoner or prisoners shall be held in custody until such hearing be finally disposed of.

3. It shall not be lawful for any person, agent or officer to take any person or persons out of this state, upon the claim, ground or pretext that the prisoner or prisoners consent to go, or by reason of his or their willingness to waive the proceedings afore-described, and any officer, agent, person or persons who shall procure, incite or aid in the arrest of any citizen, inhabitant or temporary resident of this state, for the purpose of taking him or sending him to another state, without a requisition first duly had and obtained, and without a warrant duly issued by the governor of this state, served by some officer as in this section provided, and without, except in case of waiver in writing as aforesaid, taking him before a court or judge as aforesaid, unless in pursuance to the provisions of the following sections of this chapter, and any officer, agent, person or persons who shall, by threats or undue influence, persuade any citizen, inhabitant or temporary resident of this state to sign the waiver of his right to go before a court or judge as herein before provided, or who shall do any of the acts declared by this chapter to be unlawful, shall be guilty of a felony, and upon conviction, be sentenced to imprisonment in a state prison or penitentiary for the term of one year. Any willful violation of this act by any of the above-named officers shall be deemed a misdemeanor in office. Code Crim. Pro., $ 827, as am'd L. 1886, c. 638, and L. 1895, c. 880. 4 Johns. Ch. 106; 2 id. 198; 1 Abb. Pr. N. S. 347; 7 id. 67; 7 Law Rep. 386; 59 Hun, 320; 36

N. Y. St. R. 753; 12 N. Y. Supp. 947; 36 id. 888. 2 Preliminary warrant by magistrate. A magistrate may issue a warrant as a preliminary proceeding to the issuing of a requisition by the governor of another state or territory upon the governor of this state for the apprehension of a person charged with treason, felony or other crime, who shall flee from justice, and be found within this state. Code Crim. Pro., § 828, as am'd L. 1886, c. 638. 17 Hun, 199; 51 How. Pr. 422.

3 Proceedings for arrest and commitment. The proceedings for the arrest and commitment of the person charged are in all respects similar to those provided in this code, for the arrest and commitment of a person charged with a public offense committed in this state; except, that an exemplified copy of an indictment found, or other judicial proceeding had against him, in the state or territory in which he is charged to have committed the offense, may be received as evidence before the magistrate. Code Crim. Pro., § 829. 1 Sandf. 701; 7 Abb. Pr. N. 8. 64; 56 N. Y. 182; 9 Wend. 212; 17 Hun, 199; 1 Abb. Pr. N.

S. 347. 4 Commitment, when ordered and for what time. If from the examination ,under such warrant it appears probable that the person charged has committed the crime alleged, the magistrate, by warrant reciting the accusation, must commit him to the proper custody in his county for a time specified in the warrant, to enable an arrest of the fugitive to be made under the warrant of the governor of this state, which commitment shall not exceed thirty days, exclusive of the day of arrest, on the requisition of the executive authority of the state or territory in which he is charged to have committed the offence, unless he give bail, as provided in the next section, or until he be legally discharged. Code Crim. Pro., § 830, as am'd L. 1886, c. 638. 2 Johns. Ch. 198; 4 id. 106.

5 Admission to bail. Any judge of any court named in section eight hundred and twenty-seven, may in his discretion admit the person arrested to bail by an undertaking, with sufficient sureties and in such sum as he deems proper, for his appearance before him at a time specified in the undertaking which must not be later than the expiration of thirty days from the date of arrest exclusive of such date, and for his surrender, to be arrested upon the warrant of the governor of this state. Code Crim. Pro., § 831, as am'd L. 1886, c. 638.

6 Magistrate to notify district attorney. Immediately upon the arrest of the person charged, the magistrate must give notice to the district attorney of the

be arrested upondate of arrest ch must not

county, of the name of the person and the cause of his arrest. Code Crim. Pro., $ 832.

7 Notice to authorities in other state. The district attorney must immediately thereafter give notice to the executive authority of the state or territory, or to the prosecuting attorney or presiding judge of the criminal court of the city or county therein, having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender of the person charged. Code Crim. Pro., $ 833.

8 Prisoner, when discharged. The person arrested must be discharged from custody or bail, unless before the expiration of the time designated in the warrant or undertaking, he be arrested, under the warrant of the governor of this state. Code Crim. Pro., § 834. See also Crimes, $ 23; Stat: Funds, & 13; Trials, $ 277.

FULL LIABILITY COMPANIES. Note. These corporations were formerly chartered under L. 1875, c. 611, which chapter

was in large part followed in forming the Business Corporations Law. See Birdseye's R. S., 1st ed., p. 375 et seq. For the present provisions see Business Corporations Law.

FULTON COUNTY. COUNTY JUDGE AND SURROGATE OF; see County Law, S 222. ELECTION AND JUDICIAL DISTRICTS CONTAINING; see Congressional Districts, 8 1; Consti

tution, $ 29; Supreme Court, $ 31. EXEMPTED FROM CERTAIN PROVISIONS AS TO FERTILIZERS, ETC.; see Domestic Commerce

LAW, $ 38c.
PROVISIONS AS TO ELECTIONS IN; see Election Law, SS 57, 58, 136.
STATE LANDS IN; see Fisheries, etc., Law, S$ 270, 277-279, 281.

See also County Law; Hamilton County. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 68, p. 81 ; and as to towns in, see id, c. 64, p. 69.

FULTON, Town OF.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 40.

FUNDS.
ALTYNI; see University Law, SS 80, 82.
CANAL, SCHOOL, ETC.; see State Funds.
MILITARY; see Military Code, Ss 126, 127.
UNITED STATES DEPOSIT; see State Funds, SS 95–191; United States.
See also UNDER THE TITLES OF THE SEVERAL FUNDS.

FUNERAL.
DISTURBANCE OF; see Burial, $ 8.
EXPENSES; see Executors, etc., SS 30, 112, 164; Surrogates' Courts, § 1, subd. 5; Wills,

S 36.
PROCESSIONS, ETC.; see Sunday, 8 14; Transportation Corporations Law, $ 180.

FURNACES.
See Bill of Sale, $ 7; Railroad Law, $ 51.

FURNITURE
LOANS UPON; see Pawnbrokers, SS 11, 12.
FOB SCHOOLS; see Consolidated School Law, 8 67.
Pos Town CLERK'S OFFICE; see Town Law, $ 85.

FURTHER ASSURANCE.
COVENANT OF; see Real Property Law, $ 218.

FUTURE ESTATES. See Real Property Law, SS 26, 27, 28, 30, 32, 40–56.

FUTURE TENSE.
See Statutory Construction Law, $ 8.

FYKES.
L'EE OF, WHEN PROHIBITED; see Fisheries, etc., Law, SS 150, 151.

GAINES, Town OF.
For boundaries soe Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 64.

GAINESVILLE, Town OF.
For boundaries see Birdseye's Chronological Table of Statutes. under L 1788, c. 64, p. 70.

GALEN, Town OF.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 61.

GALLATIN, Town OF.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 38.

GALLON.
See Domestic Commerce Law, SS 2, 5.

GALWAY, Town OF.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 41

GAMBLING.
See Betting and Gaming; Constitution, & 9; Horses, SS 9-18; Liquor Tax Law, $ 18;
Lotteries.

GAME.
COMMISSIONERS; see Fisheries, etc., Law.
GAME PROTECTORS, AND FORESTERS; see Fisheries, etc., Law
See Fisheries, etc., Law.

GARBAGE.
See Fisheries, etc., Law, $ 185; New York Harbor, &$ 2, 3, 5. 17, 21, 24-26.

GARDENS.
PIPE LINES, WHEN NOT TO BE CONSTRUCTED THROUGH; see Transportation Corporations

Law, $ 42.
PUBLIC; see Trusts, etc., $ 2.
ROAD, WHEN NOT TO BE LAID OUT THROUGH; see Highway Law, S 90
TRESPASSING UPON; see Malicious Mischief, § 5, subds. 5, 6.

GARDINER, Town OF.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 36.

GARDINER’S BAY.
See Fisheries, etc., Law, $ 198.

GARDINER'S ISLAND. See Fisheries, etc., Law, SS 73, 165.

GAR-PIKE. See Fisheries, etc. w, $ 140.

GAS. 1 Unlawful interference with gas meters or steam valves. A person who willfully, with intent to injure or defraud:

1. Connects a tube, pipe or other instrument or contrivance, with a pipe used for conducting or supplying illuminating gas, fuel or natural gas, in such a manner as to supply such gas to any burner or orifice, where the same is or can be burned, or used, without passing through the meter or instrument provided for registering the quantity consumed; or

2. Obstructs, alters, injures or prevents the action of a meter or other instrument used to measure or register the quantity of illuminating fuel or natural gas consumed in a house or apartment, or at an orifice or burner or by a consumer or other person, or a person other than a state inspector or deputy inspector of gas meters or an employe of the company owning any gas meter who willfully shall detach or disconnect such meter or make or report any test of or examine for the purpose of testing any such meter so detached or disconnected; or

3. In any manner whatever, changes, extends or alters, any service or other pipe, or attachment of any kind, connecting or through which, natural or artificial gas is furnished from the gas mains or pipes of any person, company or corporation, without first procuring from said person, company or corporation written permission to make such change, extension or alteration; or

4. Makes any connection or reconnection, with the gas mains or service pipes

« 上一頁繼續 »