court, in its discretion. If awarded, the amount thereof must be included in the judgment. Code Civ. Pro., § 2378.

6 Hill, 303; 11 Paige, 529; 27 N. Y. 225; 16 Barb. 576; 13 Wend. 293; 18 Abb. Pr. 344; 5 Hun, 419.3 Den. 173; 4 id. 249.

15 Judgment-roll. Immediately after entering judgment, the clerk must attach together and file the following papers, which constitute the judgment-roll: 1. The submission; the selection or appointment, if any, of an additional arbitrator, or umpire; and each written extension of the time, if any, within which, to make the award.

2. The award.

3: Each notice, affidavit, or other paper, used upon an application to confirm, modify, or correct the award, and a copy of each order of the court, upon such an application.

4. A copy of the judgment.

The judgment may be docketed, as if it was rendered in an action. Code Civ. Pro., § 2379.

16 Force and effect of judgment. The judgment so entered has the same force and effect, in all respects, as, and is subject to all the provisions of law relating to, a judgment in an action; and it may be enforced, as if it had been rendered in an action in the court in which it is entered. Code Civ. Pro., § 2380. 17 Appeals. An appeal may be taken from an order vacating an award, or from a judgment entered upon an award, as from an order or judgment in an action. The proceedings upon such an appeal, including the judgment thereupon, and the enforcement of the judgment, are governed by the provisions of chapter twelfth of this act, as far as they are applicable. Code Civ. Pro., § 2381.

6 Hill, 303; 2 Daly, 428; s. c. 37 How. Pr. 20; 32 Hun, 216, 218, 219; s. c. 5 Civ. Pro. 283, 284, 285.

18 Effect of party's death, lunacy, etc.; proceedings thereupon. The death of a party to a submission, made either as prescribed in this title or otherwise, or the appointment of a committee of the person or property of such a party, as prescribed in title sixth of this chapter, operates as a revocation of the submission, if it occurs before the award is filed or delivered; but not afterwards. Where a party dies afterwards, if the submission contains a stipulation, authorizing the entry of a judgment upon the award, the award may be confirmed, vacated, modified, or corrected, upon the application of, or upon notice to, his executor or administrator, or a temporary administrator of his estate; or, where it relates to real property, his heir or devisee, who has succeeded to his interest in the real property. Where a committee of the property, or of the person, of a party, is appointed, after the award is filed or delivered, the award may be confirmed, vacated, modified, or corrected, upon the application of, or notice to, a committee of the property; but not otherwise. In a case specified in this section, a judge of the court may make an order, extending the time within which notice of a motion to vacate, modify, or correct the award, must be served. Upon confirming an award, where a party has died since it was filed or delivered, the court must enter judgment in the name of the original party; and the proceedings thereupon are the same, as where a party dies after a verdict. Code Civ. Pro., § 2382.

19 Revocation of submission; when allowed; how made. A submission to arbitration, made either as prescribed in this titlef or otherwise, cannot be revoked by either party, after the allegations and proofs of the parties have been closed, and the matter finally submitted to the arbitrators for their decision. A revocation, when allowed, must be made by an instrument in writing, signed by the revoking party, or his authorized agent, and delivered to the arbitrators, or one of them; and it is not necessary, in any case, that the instrument of revocation should be under seal. Any party to a submission may thus revoke it; whether he * Code of Civ. Pro., §§ 1293-1361. This subject. Insanity Law, §§ 127-152.

DKYR

is a sole party to the controversy, or one of two or more parties on the same side. Code Civ. Pro., § 2383.

11 Paige, 529; 5 id. 575; s. c. 2 Edw. Ch. 452; 7 Abb. Pr. N. S. 251; s. c. 38 How. Pr. 168; 16 N. Y. 112; 111 id. 317; 16 Johns. 205; 1 Cow. 335; 20 Barb. 262, 481; 15 Civ. Pro. 34; 119 N. Y. 475; 57 Hun, 181; 59 id. 440; 36 N. Y. St. R. 994; 1 N. Y. Supp. 442; 13 id. 730.

20 Liability of party who revokes. Where a party expressly revokes a submission, made either as prescribed in this title* or otherwise, any other party to the submission may maintain an action against him, and also against his sureties, if any, upon the submission, or any instrument collateral thereto, in which action the plaintiff may recover all the costs and other expenses, and all the damages, which he has incurred in preparing for the arbitration, and in conducting the proceedings to the time of the revocation. Either of the arbitrators may recover, in an action against the revoking party, his reasonable fees and expenses. Code Civ. Pro., § 2384.

30 Barb. 225; 20 id. 262; 1 Cow. 335; 5 N. Y. St. R. 141, 143; 87 Hun, 140; 36 N. Y. St. R. 439; 66 id. 301; 13 N. Y. Supp. 18, 20; 32 id. 838.

21

Same not changed by stipulation for penalty, etc. A sum, penalty, forfeiture, or damages, shall not be recovered for a revocation of a submission to arbitration, made either as prescribed in this title* or otherwise, except as prescribed in the last section; notwithstanding any stipulated damages, penalty, or forfeiture, expressed in the submission, or in any instrument collateral thereto. Code Civ. Pro., § 2385.

22 Limitation of this title. This title* does not affect any right of action in affirmance, disaffirmance, or for the modification of a submission, made either as prescribed in this title* or otherwise, or upon an instrument collateral thereto, or upon an award made or purporting to be made in pursuance thereof. And, except as otherwise expressly prescribed therein, this title does not affect a submission, made otherwise than as prescribed therein, or any proceedings taken pursuant to such a submission, or any instrument collateral thereto. Code Civ. Pro., § 2386.

2 Johns. Ch. 276, 551; 4 id. 405; 9 Johns. 212; 1 Paige, 293; 3 id. 124; 24 Barb. 632; s. c. 21 N. Y. 148; 15 Wend. 99; 16 Barb. 576; 56 id. 369; 26 Hun, 447; 9 id. 392; 4 Den. 347; 5 How. Pr. 315; 56 id. 484; 52 id. 415; 2 Edw. Ch. 452; s. c. 5 Paige, 575; 18 Abb. Pr. 344; 5 Cow. 383; 5 Daly, 401; 58 N. Y. 666.

See also Bribery, §§ 5, 7, 8; Domestic Commerce Law, § 17a; Evidence, § 28; Limitations, § 50; Public Officers Law, § 114; State Board of Mediation, etc.

For earlier laws on this subject, see Birdseye's Chronological Table of Statutes under L. 1791, c. 20; L. 1801, Revised Acts (1 K. & R., p. 156); 1 R. L. 1813, c. 20, pp. 125, 123; and see 2 R. S. 541-545.

Arbitrations in the City and Port of New York.

For provisions relating to the Court of Arbitration of the Chamber of Commerce of the State of New York, see L. 1882, c. 410, §§ 1780-1806.

ARBOR DAY.

See Consolidated School Law, §§ 303–306.

ARBORICULTURE.

See Consolidated School Law, §§ 303–306.

ARCADE, TOWN OF.

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

ARCADIA, TOWN OF.

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

ARCHBISHOP.

See Religious Corporations Law, §§ 50, 51.

ARGUMENT.

See Appeals, §§ 90-96; Notices; Trials, §§ 262, 315, 331.

ARGYLE, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 43.

This subject.

ARIETTA, Town of.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 42.

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

ARMORIES.

See Malicious Mischief, § 5, subd. 13; Military Code, §§ 170-178.

ARMS.

See Executions, § 32; Military Code, §§ 100-107; Rights, Bill of, §§ 3-5; Weapons. OF STATE; see State Law, §§ 40-42.

1

ARRAIGNMENT.

When defendant must be arraigned. When an indictment is filed, the defendant must be arraigned thereon, before the court in which it is found, or before the court to which it is sent or removed. Code Crim. Pro., § 296, as am'd L. 1882, c. 360.

5 Park. 52; 21 How. Pr. 149; 107 N. Y. 1; 5 N. Y. Supp. 19.

2 Appearance. If an indictment be for a felony, the defendant must be personally present when arraigned; but for a misdemeanor only, his personal appearance is unnecessary, and he may appear upon the arraignment by counsel. Code Crim. Pro., § 297. as am'd L. 1882, c. 360.

5 N. Y. Supp. 19.

3 Same, when in custody. be in custody, the court may him before it to be arraigned. 5 N. Y. Supp. 19.

When his personal appearance is necessary, if he direct the officer in whose custody he is, to bring Code Crim. Pro., § 298.

4 Failure to appear. If the defendant have been discharged on bail, or have deposited money instead thereof, and do not appear to be arraigned, or if the defendant be for any cause absent when his personal attendance is necessary, the court, in addition to the forfeiture of any undertaking of bail, or of any money deposited, may direct the clerk to issue a bench warrant for his arrest. Code Crim. Pro., § 299, as am'd L. 1882, c. 360.

5 N. Y. Supp. 19.

5 Proceedings before magistrate of another county. If the defendant be brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto, in the same manner as if the defendant had been brought before him upon a warrant of arrest, and the same proceedings may be had thereon, as provided in sections 159 to 161,* both inclusive. Code Crim. Pro., § 305.

6 Ordering defendant into custody, or increasing bail. If the defendant, before the finding of an indictment, has given bail for his appearance to answer the charge, the court, to which the indictment is presented or sent or removed for trial, may order the defendant to be committed to actual custody, either without bail, or unless he give bail in an increased amount, to be specified in the order. Code Crim. Pro., § 306.

If

7 Defendant, if present, to be committed; if not, bench warrant to issue. the defendant be present when the order is made, he must be forthwith committed accordingly. If he be not present, a bench warrant must be issued and proceeded upon, in the manner provided in this chapter. Code Crim. Pro., § 307. 8 Assignment of counsel by court; payment of counsel in capital cases. If the defendant appear for arraignment, without counsel, he must be asked *Arrest, §§ 85-87.

if he desire the aid of counsel, and if he does the court must assign counsel. When services are rendered by counsel in pursuance of such assignment in a case where the offense charged in the indictment is punishable by death, the court in which the defendant is tried or the action or indictment is otherwise disposed of, may, in its discretion, upon satisfactory proof that such defendant is wholly destitute of means, award to such counsel reasonable compensation for his services, which shall be a charge upon the county in which the indictment in the action is found, to be paid out of the proper fund, upon the certificate of the judge or justice presiding at the trial or otherwise disposing of the action. or indictment. Code Crim. Pro., § 308, as am'd L. 1893, c. 521, and L. 1895, c. 725, § 1.

8a Award in former cases. The court may, in its discretion, award compensation to counsel assigned as above provided, to be paid in like manner, in any case embraced within the foregoing section, where the offense was punishable by death and the indictment was found subsequent to the passage of chapter five hundred and twenty-one of the laws of eighteen hundred and ninety-three, and the defendant has been tried thereon, or the action or indictment has been otherwise disposed of by direction of the court. L. 1895, c. 725, § 2.

9 Arraignment, how made. The arraignment must be made by the court, or by the clerk or district attorney, under its direction, and consists in stating the charge in the indictment to the defendant, and in asking him whether he pleads guilty or not guilty thereto. If the defendant demand it, the indictment must be read, or a copy thereof furnished to him before requiring him to plead. Code Crim. Pro., § 309.

5 Park. 52; 5 N. Y. Supp. 20.

10 Misnomer. If when arraigned the defendant allege that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment; and the subsequent proceedings on the indictment may be had against him, by that name, referring also to the name by which he is indicted. Code Crim. Pro., § 310.

5 N. Y. Supp. 20.

11 Time to answer indictment. If, on the arraignment, the defendant require it, he must be allowed until the next day, or such further time may be allowed him as the court deems reasonable, to answer the indictment. Code Crim. Pro., & 311.

5 N. Y. Supp. 20.

12 Answering indictment. In answer to the indictment, the defendant may either move the court to set the same aside, or may demur or plead thereto. Code Crim. Pro., § 312.

6 Hun, 493; 64 N. Y. 485, aff'g 6 Hun, 232; 92 N. Y. 128, 145; 46 N. Y. St. R. 256; 5 N. Y. Supp. 20; 14 id. 643; 19 id. 509.

See also Corporations, § 194; Indictment, §§ 30, 32, 39; Judgment, etc., §§ 106, 107.

See Grand Juries, § 40.

ARRAY.

ARREST.

ARREST IN CIVIL ACTIONS.

§§ 1--8. Cases where Order of Arrest may be Granted, and Persons Liable to

Arrest.

9--22. Granting, Executing, and Vacating or Modifying the Order of Arrest. 23--40. Discharging Defendant upon Bail or Deposit; Justification of the Bail, and Disposition of the Deposit.

41--51. Charging and Discharging Bail.

ARREST IN CRIMINAL CASES.

52--70. Security to Keep the Peace.

71-73. The Information.

§8 74-- 92. The Warrant of Arrest.

93--102. Arrest by an Officer, under a Warrant. 103--108. Arrest by an Officer without a Warrant.

109--111. Arrest by a Private Person.

112--118. In what Cases the Defendant may be Admitted to Bail. 119--139. Bail, upon being Held to Answer, before Indictment.

140--144. Bail, upon an Indictment, before Conviction.

145-147. Bail upon an Appeal.

148--151. Deposit instead of Bail.

152--154. Surrender of the Defendant.

155--160. Forfeiture of the Undertaking of Bail, or of the Deposit of Money. 161--168. Recommitment of the Defendant, after having Given Bail or Deposited Money Instead of Bail.

Note. This title is extended to cover actions against usurpers of offices or franchises; see Actions, § 43.

Cases where Order of Arrest may be Granted, and Persons Liable to Arrest. 1 No arrest except by statute; ne exeat abolished. A person shall not be arrested in a civil action or special proceeding, except as prescribed by statute. The writ of ne exeat is hereby abolished. Code Civ. Pro., § 548, as am'd L. 1877,

c. 416.

80 N. Y. 24, 26; 37 Hun, 506, 507; s. c. 8 Civ. Pro. 191, 193; 43 Hun, 211; 21 Abb. N. C. 321.

A defendant may be arwhere the action is brought for

2 Right to arrest depending on nature of action. rested in an action, as prescribed in this title, either of the following causes:

48 Hun, 605; 21 id. 459; 5 id. 294; 32 Barb. 83; 2 Hilt. 501; 30 N. Y. 581, 587; 71 id. 608; 20 Hun, 343, 344; 12 Daly, 518; s. c. 6 Civ. Pro. 186; 18 Abb. N. C. 230, n.; 122 N. Y. 551; 126 id. 507; 34 N. Y. St. R. 138; 35 id. 283; 45 id. 292; 50 id. 763; 65 id. 715; 67 id. 234; 1 App. Div. 156.

1. To recover a fine or penalty.

58 How. Pr. 172; 22 Hun, 63; s. c. 10 W. D. 556.

2. To recover damages for a personal injury; an injury to property, including the wrongful taking, detention or conversion of personal property; breach of a promise to marry; misconduct or neglect in office, or in a professional employment; fraud, or deceit; or to recover a chattel where it is alleged in the complaint that the chattel or a part thereof has been concealed, removed or disposed of so that it cannot be found or taken by the sheriff and with intent that it should not be so found or taken, or to deprive the plaintiff of the benefit thereof; or to recover for money received or to recover property or damages for the conversion or misapplication of property where it is alleged in the complaint that the money was received or the property was embezzled or fraudulently misapplied by a public officer or by an attorney, solicitor or counselor, or by an officer or agent of a corporation or banking association in the course of his employment, or by a factor, agent, broker, or other person in a fiduciary capacity. Where such allegation is made, the plaintiff cannot recover unless he proves the same on the trial of the action; and a judgment for the defendant is not a bar to the new action to recover the money or chattel.

45 N. Y. 349: 53 id. 260; 52 id. 605; 70 id. 486, 492, 495; 53 id. 541; 51 id. 594; 77 id. 589; 103 id. 690; 89 id. 644, rev'g 27 Hun, 26, 31; 93 N. Y. 363; 94 id. 473; s. c. 5 Civ. Pro. 13; 101 N. Y. 1, 3; 5 How. Pr. 327, 329; 44 id. 97; 4 id. 234: 33 id. 87; 43 id. 415; 20 id. 366: 6 id. 338, 339; 8 id. 111; 12 id. 19, 289; 16 id. 481; 8 id. 278, 298; 16 id. 485; s. c. 28 Barb. 200; 49 How. Pr. 266: 66 id. 475; 6 Abb. Pr. N. S. 9, aff'd, 11 id. 385; s. c. 42 How. Pr. 201: 14 Abb. Pr. N. S. 95; 4 Bosw. 627; 9 id. 636, 637; 3 Code Rep. 9: 3 id. 23; 1 Den. 267; 7 Rob. 55; 4 T. & C. 432; 5 id. 294; 33 N. Y. Super. 63; 43 id. 363: 50 id. 370; 52 id. 236. 237; 52 id. 554, 557; s. c. 8 Civ. Pro. 187. 189. 190; 7 Daly, 125; 9 id. 383: 2 Sandf. 729, 730; 4 id. 650; 6 Hun, 529, 530; 14 id. 389, 518; 11 id. 38: 20 id. 19, 22; 28 id. 338; 37 id. 508, 509: 44 id. 3. 4: 48 id. 450: 8 W. D. 344: 6 id. 247; 8 id. 340; 9 id. 129; 7 Abb. N. C. 249; 18 id. 262. 263: 16 id. 474: 48 N. Y. Super. 113, aff'd, 89 N. Y. 602; 9 Civ. Pro. 225; 2 id. 334; 5 id. 67; 7 id. 392; 8 id. 191, 194, 267, *This subject, §§ 1-51.