網頁圖片
PDF
ePub 版

to give satisfactory security to indemnify the people, against the costs and expenses thereof. Where security is so given, the attorney-general is entitled to compensation for his services, to be paid by the relator, in like manner as the attorney and counsel for a private person. Code Civ. Pro., § 1986. 23 Barb. 304; 12 N. Y. 433, 436; 2 Civ. Pro. (McCarty) 295; 131 N. Y. 140; 134 id. 269;

56 Hun, 125; 42 N. Y. St. R. 755; 48 id. 173; 3 N. Y. Supp. 847. Sec Costs, $ 37.

75 Costs to be collected against usurpers of franchise individually. Where final judgment in an action, brought as prescribed in this title,* is rendered against a corporation, or persons claiming to be a corporation, the court may direct the costs to be collected by execution against any of the persons claiming to be a corporation ; or by warrant of attachment, or other process, against the person of any director or other officer of the corporation. Code Civ. Pro., § 1987. 12 Wend. 277.

76 Joinder of causes of action against same person on contract. Where two or more causes of action exist, in favor of the people, against the same person, for money due upon, or damages for the non-performance of, one or more contracts of the same nature, the attorney-general must join all those causes in one action. Code Civ. Pro., § 1988.

77 Same: against several defendants. Where two or more actions, brought in behalf of the people, upon the same mortgage or other contract, are pending against separate defendants, claiming or defending under the same title, the attorney-general must, upon the request of the defendants, cause them to be consolidated into one action; and only one bill of costs can be taxed against the defendants. Code Civ. Pro., § 1989.

78 State, municipal corporation, etc., when not to give security. Each provision of this act, requiring a party to give security, for the purpose of procuring an order of arrest, an injunction order, or a warrant of attachment, or as a condition of obtaining any other relief, or taking any proceeding; or allowing the court, or a judge, to require such security to be given, is to be construed as excluding an action brought by the people of the state, or by a domestic municipal corporation; or by a public officer, in behalf of the people, or of such a corporation; except where the security, to be given in such an action, is specially regulated by the provision in question; but in any action in which a domestic municipal corporation, or a public officer in behalf of such corporation, shall be, by the foregoing provisions of this section, excused from giving security on procuring an order of arrest, an order of injunction or a warrant of attachment, such corporation shall be liable for all damages that may be so sustained by the opposite party by reason of such order of arrest, attachment or injunction in the same case and to the same extent as sureties to an undertaking would have been, if such an undertaking had been given. Code Civ. Pro., § 1990, as am'd L. 1894, c. 90. 45 Hun, 349; s. c. 19 Abb. N. C. 352; 27 id. 253.

Actions against Counties and Towns and Officers thereof. 2 R. S. 473, $8 92–101 repealed by L. 1880, c. 245, § 1, s 3 (5); see Actions, $8 43-49.

79 When unpaid judgments to be laid before supervisors. If judgment be rendered for any debt, damages or costs, against the board of supervisors of a county, against the county superintendents of the poor of any county, against any town or the supervisor thereof, or the overseers of the poor thereof, on account of the liability of such county or town; and such judgment be not suspended by writ of error or otherwise, or be not paid and satisfied before the next annual meeting of the board of supervisors of the county, a certified copy of the docket of such judgment, or the record thereof, if required by such board, shall be laid before the board of supervisors of the county at some annual meeting thereof. ? R. S. 474, § 102. 29 Ann. 185: 30 id. 148; 93 N. Y. 397; 45 id. 686; 5 Lans. 274; 20 Barb. 294; 11 id. 117;

12 How. 'Pr. 55; 7 id. 257; 70 Hun, 560; 53 N. Y. St. R. 799; 24 N. Y. Supp. 398; 12 id. 675.

* Code Civ. Pro., SS 1948–1990.

Isa

80 Amount to be added to tax lovy and paid by county treasurer. The board of supervisors shall add the amount of such judgment, together with interest thereon from the time of recovery, to the first Monday in February then next, and also the expenses of the certified copy of the docket or record of judgment mentioned in the preceding section, to the tax to be laid upon the county or town against which, or against the officers of which, such recovery shall have been had; which sums shall be assessed, levied and collected, as other contingent charges of such town or county, and shall be paid by the county treasurer, to the person recovering such judgment. 2 R. S. 475, § 103. 20 Barb. 294; 11 id. 117; 5 Lans. 274; 7 How. Pr. 257; 70 Hun, 560; 53 N. Y. St. R. 799;

N. Y. Supp. 675. 2 R. S. 475, 88 104-106 repealed by L. 1892, c. 606; 88 107, 108 repealed by L. 1880, c. 245, § 1, | 3 (5).

General Provisions as to Civil Actions or Proceedings. 2 R. S. 550–555, $$ 1-26 and 31 repealed by L. 1880, c. 245, g 1, 1 3 (5); 8 27 repealed by

L. 1892, c. 677; 88 28-30 repealed by L. 1896, c. 908. 81 Attachment against sheriffs in certain cases. Whenever any sheriff shall have neglected to return any warrant issued by a county treasurer, against any collector, or any warrant issued by the comptroller, against any collector of canal tolls, or shall have made any other return than that required by law, he shall be proceeded against in the supreme court, by attachment, for his neglect, in the same manner and with the like effect, as for neglecting to return any execution in a civil suit; and the proceedings thereon shall be the same in all respects. 2 R. S. 555, § 32. For these proceedings see Contempts, 88 6-8. $$ 33 and 34 repealed by L. 1880, c. 245, § 1, s3 (5).

82 Judgment before division of county; how collected after. Where any county has been or shall be divided, any judgment that may have been recovered previous to such division, or after such division upon any proceedings instituted previous thereto, in the court of common pleas* of such county, or before any justice of the peace thereof, may be collected by execution to be issued to the sheriff of the county where such judgment shall have been rendered, or to a constable thereof, as the case may require, who shall execute the same, in the same manner as if such division had not been made ; and such judgments may be revived, and the like proceedings may be had thereon, as if such county had not been divided. 2 R. Š. 556, $ 35. 88 36-46 repealed by L. 1880, c. 245, § 1, 3 (5).

83 State may sue on contracts, etc., made with state officers. Where any one or more of the officers or agents of this state, either by his or their name or names, or by the name of his or their office or offices, are or shall be one of the parties to, or shall have executed or shall hereafter execute, any bond, covenant, contract, promise or agreement, in a matter concerning the people of this state, and in which the said people, and not such officer or agent, are or shall be the real party in interest, it shall and may be lawful to bring and maintain actions against the other party or parties to any such bond, covenant, contract, promise or agreementfor the breach or non-performance of the same, in the name of the people of this state, in the same manner and with the like effect, as though the said people, instead of such officer or agent, had been named and described as a party to, and had executed such bond, covenant, contract, promise or agreement; but no such action shall be brought except by the attorney-general on behalf of the people. L. 1829, c. 252, $ 1. ABATEMENT OF; see Abatement and Revival. OF ACCOUNT; see Accounts, etc. APPLICATION OF CERTAIN PROVISIONS TO; see Code of Civil Procedure, SS 3, 7, 8, 12. FOR REVOKING ARBITRATION; see Arbitration, SS 20-22. ASSIGNMENT OF; see Assignment; Pleadings, S 26. ON BOND OR UNDERTAKING; see Arrest, 8 157; Bastardy, SS 44-49; Bonds; Canal Law, $ 135:

County Law, SS 12, 149a; Executions, $ 68; Injunctions, SS 17, 24; Jail Liberties, $S 12-22; Surrogates' Courts, SS 120-123; Tax Law, SS 92, 260, 262; Town Law, 8 141; Undertakings.

* Now county court.

[ocr errors]

BRINGING WITHOUT AUTHORITY; see Instituting Suit, etc., $ 1.
BUYING CLAIMS, ETC.; see Champerty, etc.
FOR CANCELLATION OF INSTRUMENT; see Real Property Law; $ 276.
To FORECLOBE LIEN ON CHATTELS; see Chattels, SS 49-53.
TO RECOVER CHATTELS; see Chattels, SS 1-48.
IN CITY COURTs; see Albany, SS 7-9; Hudson; New York, SS 1-65; Yonkers.
AGAINST CITY OR COUNTY FOR Riots; see Municipal Law, $ 21.
CONSOLIDATION OF; see Executors, etc., $ 90; Mechanics' Liens, SS 10, 48.
BY OFFICERS OF INSANE ASYLUMS; see Insanity Law, SS 42, 46.
CONSPIRACY TO BRING; see Conspiracy, $1.
FOR CONTRIBUTION; see Banking Law, $ 213; Executions, SS 122–127; Tax Law, § 123.
FOR CONVERTING TIMBER; see Town Law, & 136.
BY OR AGAINST CORPORATIONS; see Attorney-General; Banking Law, $87, 17, 18, 44,

57, 67, 71, 115; Constitution, $ 107; Corporations, ss 11, 16a, 28, 58–63, 67-164;
County Courts, S 3; Insurance Law, SS 30, 160, 270; Interest, $ 16; Railroad Law,
SS 30, 39, 95; Tax Law, 198; Transportation Corporations Law, SS 145, 146;

Wages, & 2. RELATING TO CORPORATION ELECTIONS; see Corporations, S 27. BY OR AGAINST COUNTIES; see County Law, $$ 3, 234. FOR CAUSING DEATH; see Death, Action for Causing. AGAINST COMMISSIONERS OF LUNACY; see Insanity Law, $ 46. BY CREDITOR AGAINST LEGATEES; see Legatees, etc. AGAINST DIRECTORS AND OFFICERS OF CORPORATIONS; see Banking Law, $ 25; Corpora

tion Law, SS 64-66, 73–79, 87–96; Insurance Law, $ 307; Stock Corporation Law,

SS 23-25, 29; AND UNDER VARIOUS CORPORATION LAWS. DISCONTINUANCE OF; see Courts, SS 25, 45. FOR DISCOVERY; see Discovery, $ 8; Interest, SS 6-8, 12, 13. FOR DOWER; see Dower, 68 1-30. FOR ESCHEAT, ETC.; see Real Property Law, S 5; Treason, SS 5-10 EVIDENCE; see Evidence. BY OR AGAINST EXECUTORS, ETC.; see Convicts, $ 5; Executors, etc., SS 1-23, 36, 39, 81, 114,

165-169, 173-178; Fraudulent Assignments, S 2; Pleadings, SS29, 30; Surrogates'

Courts, SS 106, 110, 117, 119. EXTENSIONS OF TIME IN; see Time. FOR INJURY BY FIREARMS; see Weapons, $ 4. BY OR AGAINST FISHERY COMMISSIONERS; see Agricultural Law, SS 280, 281; Fisheries,

etc., Law, SS 230, 249. BY OR AGAINST FISH AND GAME PROTECTORS; see Fisheries, etc., Law, SS 26, 32, 230, 249. For CAUSING FOREST FIRE; see Agricultural Law, SS 280, 281; Fisheries, etc., Law, § 281. BY OR AGAINST GUARDIANS; see Surrogates' Courts, $s 117, 119. BY OR AGAINST HIGHWAY COMMISSIONERS; see Highway Law, SS 13, 16–18, 134, 135. AGAINST HUSBAND AND WIFE; see Domestic Relations Law, S 24. BY OR AGAINST INDIANS; see Indian Law. FOR INJUNCTION, AND DAMAGES CAUSED THEREBY; see Injunction. JOINDER OF; see Pleadings, SS 11, 12. AGAINST JOINT DEBTORS; see Joint Debtors. JUDGMENT IN; see Judgment and Decree. ON JUDGMENT; see Judgment and Decree, $ 92. BY JUDGMENT CREDITOR; see Judgment Creditor's Action. JURISDICTION OF; see Jurisdiction. AGAINST JUSTICE OF THE PEACE; see Costs, $ 22. IN JUSTICES' COURT; see Brooklyn, SS 1-19; Justices' Courts ; New York, SS 67–82. FOR LIBEL AND SLANDER; see Libel; Rights, Bill of, $ 21; Slander. LIMITATION OF; see Limitations. FOR PRICE OF LIQUOR; see Liquor Tax Law, 8 32. FOR DAMAGES FOR SELLING LIQUOR; see Liquor Tax Law, $ 39. BY OR AGAINST LOAN COMMISSIONERS; see State Funds, Sś 103-105. MATRIMONIAL ACTIONS; see Divorce. To ENFORCE MECHANICS' LIENS; see Mechanics' Liens. AGAINST MEMBERS OF MILITARY COURT; see Military Code, $ 243. TO FORECLOSE MORTGAGE: see Mortgages. NOTICE IN, TO BE PUBLISHED, STATE PAPER; see Executive Law, $ 74. FOR NUISANCE; see Nuisance. AGAINST OWNER OF CARRIAGE; see Highway Law, $ 161. AGAINST OWNER OF DISEASED TREES; see Agricultural Law, SS 82, 83. AGAINST PARENT OF BASTARD; see Bastardy, 8 49. PARTIES TO; see Parties. FOR PARTITION; see Fisheries, etc., Law, $ 273; Partition ; Public Lands Law, $ 6. RELATING TO PARTNERSHIPS; see Joint Debtors, ss 14-16; Partnership, SS 13, 14, 34. FOR PENALTIES, ETC.; see Fines and Penalties. BY OR AGAINST PERSON WHOSE NAME IS CHANGED; see Names, $ 7. PLEADINGS IN; see Pleading8. PREFERRED; see Preferred and Deferred Causes.

nity Law,

339-35beroperty Law,

BY PRISON WARDEN; see Prisons, $ 51.
AGAINST PUBLIC OFFICERS GENERALLY; see Military Code, 264; Tax Law, S 264a.
BY OR AGAINST QUARANTINE, COMMISSIONERS; see Public Health Law, 88 124, 127, 128.
To COMPEL CONVEYANCE OF REAL PROPERTY; see Insanity Law, SS 153–155.
To COMPEL DETERMINATION OF CLAIM; see Real Property Law, SS 339–351.
To RECOVER REAL PROPERTY ; see Code of Civil Procedure, $ 3; Real Property Law,

SS 303–338; Summary Proceedings, $ 35.
FOR RENTS AND PROFITS; see Tenants for Life, & 17.
FOR RETURN OF PURCHASE MONEY; see Executions, $ 120.
AGAINST TRESPASSERS; see Fisheries, etc., Law, SS 210-216, 280; Public Lands Law, SS 7,

41; Tax Law, § 129. OTHER ACTIONS RELATING TO REAL PROPERTY; see Executors, etc., S181; Pendency of

Action; Real Property Law, $S 352–379; Summary Proceedings, § 34; Trusts,

etc., § 14. BY OR AGAINST RECEIVERS; see Corporations, SS 71, 117, 121, 126, 133, 152, 164; Fraudulent

Assignment, 8 2. AGAINST RECUSANT WITNESSES; see Evidence, SS 27, 29. REVIEW OF; see Appeals; Certiorari, $ 3. RIGHTS OF ACTION PRESERVED; see Constitution, $ 17. AGAINST RIOTERS; see Municipal Law, $ 21. BY OR AGAINST SCHOOL OFFICERS; see Consolidated School Law, SS 82, 172, 260–267. SEVERANCE OF; see Executions, $ 65; Judgment and Decree, SS 5, 20; Justices' Courts,

$ 216; Parties, $ 11; Partition, $ 16; Pleadings, SS 21, 34; Real Property Law,

$8 323, 324, 329, 330. BY OR AGAINST SHERIFF; see Attachment, SS 20, 42–45; Executions, SS 61-68; Jail Liber

ties, SS 12–23; Tax Law, $ 260; Trusts, etc., & 57. DEFENDED BY STATE; see State Law, § 11. AGAINST STOCKHOLDERS; see Corporation Law, $8 73–79, 87-96; AND THE TITLES OF THE

SEVERAL CORPORATIONS LAWS. SUBMISSION OF CONTROVERSY; see Arbitration ; Judgment, etc., 88 78-80. FOR TAXES; see Banking Law, 8226; Tax Law, SS 72, 92, 197; Villages, $ 131. FOR APPORTIONMENT OF Taxes; see Tax Law, $ 257. BY OR AGAINST Towns; see Highway Law, 8'16; Town Law, SS 5, 24, 25, 131, 180, 182, 183. TRIAL OF; see Trials. By or AGAINST TRUSTEES; see Convicts, $ 5; Corporations, $ 30; Fraudulent Assign

ments, S 2; Pleadings, S 26; Surrogates' Courts, $ 119; Trusts, etc.
BY OR AGAINST UNINCORPORATED ASSOCIATIONS; see Joint-Stock Association Law.
UNDER USURY Laws; see Interest, SS 3, 4, 6, 8, 11-14.
To ESTABLISH OR IMPEACH A WILL; see Wills, SS 26–33.
FOR WRECKED PROPERTY; see Town Law, § 142.
FOR CRIMINAL ACTIons; see Appeals; Arrest; Attorney-General; Code of Criminal

Procedure; Commitment; Compounding Crimes ; Convicts; Coroners; Courts ;
Crimes; Death Penalty, Dismissal; District Attorney; Evidence; Fines and
Penalties ; Grand Juries; Indictment; Jurisdiction; Limitations; Penal Code ;
Pleadings; Preferred and Deferred Causes; Trials ; AND THE TITLES OF THE SEV-
ERAL CRIMES.

ACTS.
OF BRITISH PARLIAMENT; see Statutory Construction Law, $ 30.
OF COLONY OF NEW YORK; see Constitution, $ 16; Statutory Construction Law, $ 30.
OFFICIAL, LEGALIZED; see County Law, SS 15, 16; Notaries Public, note; Surrogates'

Courts, $ 128.
OF LEGISLATURE; see Legislative Law.

ACTUARY.
See Insurance Law, SS 77, 79.

ADAMS, Town of.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 51.

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

ADIRONDACK PARK.
See Fisheries, etc., Law, SS 7, 26, 290–295.

ADIRONDACKS.
See Fisheries, etc., Law.
For Fish HATCHING, see id., SS 323–325.

ADJOURNMENT.
OF ELECTIONS AND CANVASSERS; see Election Law, SS 3, 110, 130-132, 138; Military Code,

$ 56; Stock Corporation Law, 87; Town Law, S 40.

OF JUDICIAL PROCEEDINGS; see Arbitrations, $ 4; Assignments for Benefit of Creditors,

$ 20; Bastardy, § 12; Brooklyn, $ 17; Commitment, SS 4, 5; Condemnation Law,
§ 15; Costs, $ 50; Courts, SS 34-36, 41, 44; Court for Trial of Impeachments, SS 9,
17; Courts of Special Sessions, § 3; Habeas Corpus, & 59; Highway Law, $ 123;
Insanity Law, $ 132; Insolvency, § 61; Judges, $ 8; Judgment, etc., ss 81, 89;
Justices' Courts, ss 88, 103-112, 127, 147, 242, 258; New York, ss 57, 103; Summary
Proceedings, % 19; Sunday, $ 13; Supplementary Proceedings, $ 13; Supreme

Court, S 24; Surrogates' Courts, S 10; Tax Law, S 36; Trials, $$ 67, 305, 306.
OF LEGISLATURE; see Constitution, $ 35; Legislative Law, SS 49a, 62.
OF SALE; see Foreclosure, etc., 8 6; Mortgages, & 16.
OF SUPERVISORS; see County Law, $ 29.
OF Town MEETING; see Town Law, $ 40.

ADJUTANT-GENERAL.
APPOINTMENT AND TERM; see Constitution, $ 136.
GENERAL POWERS AND DUTIES; see Military Code; Legislative Law, SS 46, 76.
SALARY; see Military Code, & 121.
SEAL; see Military Code, $ 33; Statutory Construction Law, $ 13; Public Officers Law,
$ 40.

ADMEASUREMENT OF DOWER. See Dower.

ADMINISTRATORS AND ADMINISTRATION OF ESTATES. See Executors and Administrators ; Liquor Tax Law, $ 25; Partition, $ 7; Undertakings, S 3; Surrogates' Courts; Wills.

ADMIRALTY.
See New York, $ 7.

ADMISSION.
OF DEMAND AND NON-PAYMENT; see Banking Law, $ 72.
OF GENUINENESS OF PAPERS; see Evidence, $ 1.
BY MEMBER OF CORPORATION; see Evidence, & 13.
OF SERVICE; see Actions, & 22.

ADOPTION.
See Domestic Relations Law, SS 60-68.

AD QUOD DAMNUM. See Assessment of Damages; State Writs, $ 1.

ADULTERATION. See Agricultural Law, SS 20, 37a, 376; Liquor Tax Law, SS 30, 31; Oswego, $ 3; Public Health Law, SS 40-50c.

ADULTERY. See Bigamy, $ 2; Courts, & 5; Divorce, SS 15–20a; Domestic Relations Law, 8 61; Evidence 85.

ADVANCEMENT.
See Executors, etc., $ 96; Real Property Law, SS 295, 296.

ADVENT.
See Religious, etc., Law, SS 30, 35.

ADVERSE POSSESSION. See Champerty, etc., ss 1-3; Limitations, SS 7-14, 18; Real Property Law, $ 225; Transportation Corporations Law, $ 105a.

ADVERTISEMENTS. 1 Afizing advertisement to another's land, etc., how punished. A person who places upon or affixes to, or causes or procures to be placed upon or affixed to, real property not his own, or a rock, tree, wall, fence, or other structure thereupon, without the consent of the owner, any words, characters, or device, as a notice of, or reference to, any article, business, exhibition, profession, matter or event, is punishable by imprisonment for not more than six months, or by a fine of not more than two hundred and fifty dollars, or by both. Pen. Code, § 643.

2 Presumptive evidence against certain persons. The placing or affixing of any words, characters, device, or notice, of any article, business, or other thing, to or upon any property or place specified in the last section, is presumptive

ace to, anxonment formollars, or by bothe placing of ther thing,

« 上一頁繼續 »