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HALF-YEAR. DEFINED; see Statutory Construction Law, S 25.
HAMBURGH, Town OF.
HAMDEN, Town OF.
HAMILTON COUNTY. COUNTY JUDGE AND SURROGATE OF; see County Law, S 222. ELECTION AND JUDICIAL DISTRICTS CONTAINING; see Congressional Districts, $ 1; Consti
tution, 29; Election Law, SS 57, 58, 136; Supreme Court, S 31. EXCEPTED FROM PROVISIONS AS TO FERTILIZERS; see Domestic Commerce Law, $ 38c. STATE LANDS IN; see Fisheries, etc., Law, SS 270, 277-279, 281. See also County Law; Fulton County. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 63, p. 30; and as to towns in, see id., c. 64, p. 42.
HAMILTON, Town OF.
HAMLIN, Town OF.
HAMMOND, Town OF.
HAMPTON, Town OF.
HAMPTONBURGH, Town of.
HANCOCK, Town OF.
HANDWRITING. COMPARISON OF DISPUTED; see Evidence, SS 91, 92.
HANNIBAL, Town OF.
HANOVER, Town OF.
HARBOR-MASTERS. See Albany, Ss 10–18; New York Harbor, SS 46-64.
HARDENBERG, Town OF.
HARFORD, Town OF.
HARMONY, Town OF.
HARPERSFIELD, Town OF.
HARRIETSTOWN, Town OF.
HARRISBURGH, Town OF.
HARRISON, Town OF.
HARTFORD, Town OF.
HARTLAND, Town OF.
HARTSVILLE, Town OF.
HARTWICK, Town OF.
HASTINGS, Town OF.
HAVERSTRAW, Town of.
HAZING. 1 Hazing prohibited. It shall be unlawful for any person or persons to engage in or aid or abet what is commonly called hazing, in or while attending any of the colleges, public schools or other institutions of learning in this state, and whoever participates in the same shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than one hundred dollars, or imprisonment not less than thirty days nor more than one year, or both, at the discretion of the court. L. 1894, c. 265, § 1.
2 Tattooing, etc.; punishment of crime. Whenever any tattooing or permanent disfigurement of the body, limbs or features of any person or persons may result from such hazing, by the use of nitrate of silver or any like substance, it shall be held to be a crime of the degree of mayhem, and any person guilty of the same shall, upon conviction, be punished by imprisonment for not less than three nor more than fifteen years. Id., § 2. See also Injuries ; Malicious Mischief.
HEADFAST. CUTTING, ETC.; see Malicious Mischief, § 5, subd. 15.
HEADNOTES. See Statutory Construction Law, $ 34.
aid or abet whschools or oth shall be
held to be a conviction, be a., $ 2.
ng to this sublin
Health LAW204; Penal Code,
HEALTH. Vote.- For the former provisions relating to this subject, see Birdseye's R. S., 1st ed.,
p. 1313 et seq. For the present provisions, see Public Health Law. ACTS ENDANGERING, FORBIDDEN; see Conspiracy, $ 1; Highway Law, $ 204; Penal Code,
SS 8, 9.
To DESTROY GLANDERED ANIMALS; see Public Health Law, 8 62.
grants, S 54; Legislative Law, S 76; Public Health Law, SS 7, 62.
COMBINATIONS TO CONTROL ARTICLES FOR SUPPORT OF; see Monopolies, SS 1-3. OF INSTITUTIONS FOR CHILDREN; see Public Health Law, SS 203–205. OF CONVICTS; see Prisons, $ 2. INSURANCE OF; see Insurance Law, $ 70. OFFICES FOR PROTECTION OF, NOT ABOLISHED BY CONSTITUTION; see Constitution, $ 70. STAGNANT WATER ENDANGERING; see Drainage ; Public Health Law, $ 7; Villages,
$ 197 CLEANING PIERS AND BULKHEADS; see New York Harbor, $ 9. HEALTH LAWS OF NEW JERSEY, VESSELS WHEN SUBJECT TO; see State Law, $7. HEALTH OFFICER; see Emigrants, SS 2, 21, 28, 30–32, 90, 95. IMPURE MILK; see Animals, SS 43, 51. INFECTIOUS AND CONTAGIOUS DISEASES; see Agricultural Law, SS 60–70; Animals, SS 35,
36, 39; Board of Claims, $ 18; Courts, $$ 40–42; Emigrants, SS 29-34, 46; Prisons,
$92; Public Health Law, SS 109, 1319, 203, 204; Vagrants, $ 1; Villages, $ 83. REGULATIONS AS TO BURIALS, ETC.; see Burial; Cemeteries, etc.; Religious Corpora
tions Law, S 8.
Companies for heating, etc., were formerly to be chartered under L. 1848, c. 40, and amendments, and L. 1879, c. 317. See Birdseye's R. S., 1st ed., pp. 1879, 1881, 1887.
HEBRON, Town OF.
HECTOR, Town OF.
HEIRS. 1 Application to establish heirship to real property. Where a person, seized in fee of real property within the state, dies intestate, or without having devised his real property to specific persons, his heirs, or any of them, or any person deriving title from or through such heirs, or any of them, may present to the surrogate's court which has acquired jurisdiction of the estate, or, if no surrogate's court has acquired such jurisdiction, then to the surrogate's court of the county where the real property, or any part thereof, is situated, a written petition, duly verified, describing the real property, setting forth the facts upon which the jurisdiction of the court depends, and the interest or share of the petitioner, and of each other heir of the decedent, in the real property, and praying for a decree establishing the right of inheritance thereto, and that all the heirs of the decedent may be cited to attend the probate of that right. Upon the presentation of such a petition, the surrogate must issue a citation accordingly. Code Civ. Pro., § 2654, as am'd L. 1892, c. 115. 6 App. Div. 112.
2 Citation; appearance of heirs not cited. The citation must set forth the name of the decedent and of the petitioner; the interest or share which the peti
tioner claims; and a brief description of the real property. Any heir of the decedent, who has not been cited, may nevertheless appear at the hearing; and thereby make himself a party to the special proceeding. But this section does not affect a right or interest of such a person, unless he becomes a party. Code Civ. Pro., $ 2655. 6 App. Div. 112.
3 Hearing; jurisdiction of surrogate; facts to be established; decree. Upon the return of the citation, the surrogate must hear the allegations and proofs of the parties. If it appears that there is a contest, respecting the heirship of a party, or respecting the share to which a party is entitled, as an heir of the decedent, the surrogate must dismiss the proceedings. If there is no such contest, he must inquire into the facts and circumstances of the case. The petitioner must establish, by satisfactory evidence, the fact of the decedent's death; the place of his residence at the time of his death; his intestacy, either generally, or as to the real property in question; the number of heirs entitled to inherit the property in question; the name, age, residence, and relationship to the decedent, of each; and the interest or share of each in the property. The surrogate, where these facts are established, must make a decree, describing the property, and declaring that the right of inheritance thereto has been established to his satisfaction, in accordance with the facts, which must be recited in the decree. Code Civ. Pro., § 2656. 6 App. Div. 112.
4 Recording decree; effect. An exemplified copy of a decree, made as prescribed in the last section, and of the proofs taken thereupon, may be recorded in the office of the clerk, or of the register, as the case requires, of each county in which the real property is situated, as prescribed by law for recording a deed, and, from the time when the exemplifications are so recorded, the decree, or the record thereof, is presumptive evidence of the facts so declared to be established thereby. Code Civ. Pro., § 2657. 6 App. Div. 112.
5 Petition to vacate or modify decree. Any person, other than a party to a special proceeding, instituted as prescribed in this article,* or the heir, devisee, or assignee of such a party, may, at any time within ten years after a decree establishing the right of inheritance is made therein, present to the court a written petition, duly verified, showing that he has a right, title, or interest in the real property, or a part thereof, which is injuriously affected by the decree; stating that the decree is erroneous in some material particular, specified therein; and praying that the decree may be set aside or modified in that particular, and that all the persons, whose heirship was established by the decree, may be cited to show cause, why the prayer of the petition should not be granted. If an heir has since died, or has conveyed the share or interest so established, by a deed duly recorded in the county, the petition must state that fact; and must pray that the persons, who have succeeded to his interest, may be also cited. ['pon the presentation of such a petition, the surrogate must issue a citation accordingly. Code Civ. Pro., § 2658. 6 App. Div. 112.
6 Same, when granted, etc. Where a petition is presented as prescribed in the last section, and it appears, upon the hearing, that, if the petitioner, or his ancestor, testator, or grantor, had been a party to the special proceeding, the decree or a part thereof could not have been legally made, as prescribed in this article,* the surrogate must vacate or modify the decree accordingly. An exemplified copy of the decree or order, so vacating or modifying the original decree, may be recorded in the office of any clerk or register, where a copy of the original decree was recorded. Code Civ. Pro., § 2659. 6 App. Div. 112.
* This subject, SS 1-6.
7 Production of pretended heir, etc. A person who fraudulently produces an infant, falsely pretending it to have been born of a parent whose child is or would be entitled to inherit real property, or to receive a share of personal property, with intent to intercept the inheritance of such real property, or the distribution of such personal property, or to defraud any person out of the same, or any interest therein; or who, with intent fraudulently to obtain any property, falsely represents himself or another to be a person entitled to an interest or share in the estate of a deceased person, either as executor, administrator, husband, wife, heir, legatee, devisee, next of kin, or relative of such deceased person; is punishable by imprisonment in a state prison for not more than ten years. Pen. Code, $ 151.
To COMPEL DETERMINATION OF CLAIMS; see Real Property Law, $ 340.
see Dower, S 10; Real Property Law, $ 363. FOR ESCHEATED PROPERTY; see Board of Claims, SS 37, 38. To PROCURE CONVEYANCE OF REAL PROPERTY OF INFANT, LUNATIC, ETC.; see Insanity
Law, S 154. For WASTE; see Waste, $ 2. ADOPTED CHILDREN, WHEN DEEMED TO BE; see Domestic Relations Law, S 64. OF ALIENS; see Aliens. APPLICATION BY, FOR NEW TRIAL IN EJECTMENT; see Real Property Law, SS 332–334. CREDITORS' ACTION AGAINST; see Legatees, etc. OF CREDITORS OR PURCHASERS, CONVEYANCES VOID AS AGAINST; see Fraudulent Convey
ances, S 11; Real Property Law, S 228. CITATION OF, ON PETITION FOR PROBATE OF WILL; see Wills, S 38. CONVEYANCES OR MORTGAGES BY ANCESTOR FOR GAMBLING CONSIDERATION VOID AS TO;
see Betting and Gaming, $ 10. DEFINED; see Real Property Law, $ 205. EXECUTION AGAINST PROPERTY IN HANDS OF; see Executions, $ 10; Judgment, etc., $ 52. OF INDIANS RECEIVING LAND GRANTS FOR SERVICES IN REVOLUTION; see Real Property
Law, S 9. LETTERS OF ADMINISTRATION WITH WILL ANNEXED GRANTED TO; see Wills, S 66. LIABILITY OF, ON COVENANT OR AGREEMENT OF ANCESTORS; see Real Property Law, S 217. LIABILITY OF, TO PAY MORTGAGE; see Real Property Law, S 215. MEANING OF, IN CERTAIN REMAINDERS AND LIMITATIONS; see Real Property Law, SS 38,
46. PARTIES TO ACTION FOR PARTITION; see Partition, SS 6, 7, 51. POSTHUMOUS CHILDREN AS; see Real Property Law, $ 46. PRESUMPTIVE, PETITION BY, FOR APPOINTMENT OF TRUSTEES OF CONVICTS' PROPERTY; see
Insolvency, $ 72. PROPERTY DESCENDIBLE TO, MAY BE DEVISED; see Wills, $ 2. PURCHASER IN GOOD FAITH FROM, WHEN NOT AFFECTED BY DEVISE OF SAME PROPERTY;
see Wills, $ 51. OF PURCHASER OF STATE LANDS; see Public Lands Law, $ 12. RECOVERY AGAINST, OF DAMAGES FOR WITHHOLDING DOWER; see Dower, SS 5, 8. RIGHTS OF, NOT AFFECTED BY CERTAIN PROVISIONS; see Executors, etc., $ 75; Real Prop
erty Law, S 7.
see Time, $ 6.
HEMPSTEAD, Town OF.
HENDERSON, Town OF.
HENRIETTA, Town OF.