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2 Continuance against original party; substitution or joinder of transferoe. In case of a transfer of interest, or devolution of liability, the action may be continued, by or against the original party; unless the court directs the person to whom the interest is transferred, or upon whom the liability is devolved, to be substituted in the action, or joined with the original party, as the case requires. Code Civ. Poro., $ 756. | 37 N. Y:.super. 135; 44 How. P. 1; 7 Abb. N. C. 194; 1 L. B. 49; 21 Hun, 357, 381; 26

id. 225; 36 id. 79, 88; 37 id. 352, 353; 43 id. 328, 331; 45 id. 179, 181; 94 N. Y. 519; 3 Cit: Pro. 445; s. C. 65 How. Pr. 317, aff'g 3 Civ. Pro. 56; 5 id. 449, 451; 4 id. 77; 7 id. 916; 17 W. D. 288; 18 id. 119; 23 id. 193; 12 Daly, 229; 52 N. Y. 363; 133 id. 9; 140 id. :.41456 Hun, 455; 74 id. 266; 63 id. 413; 82 id, 303; 4 Misc. 106; 24 Abb. N. C. 64; 39 :: .N. Y. St. R. 342; 41 id. 167; 43 id. 654; 44 id. 76; 53 id. 460; 55 id. 811; 56 id. 357;

'•.60 id. 171; 63 id. 84, 788.

:.3. Continuance on death of sole party. In case of the death of a sole plaintiff ... or a sole defendant, if the cause of action survives or continues, the court must,

upon a motion, allow or compel the action to be continued, by or against his *representative or successor in interest. In case of the death of a sole party to a special proceeding after this act takes effect, if the right to the relief sought in such proceeding survives or continues, the court must upon a motion, allow or compel such proceeding to be continued by or against his representative, or successor in interest. This provision as to a special proceeding does not apply where provision for such continuance has been otherwise made by law. Code Civ. Pro., § 757, as am'd L. 1877, c. 416, L. 1879, c. 542, and L. 1891, c. 284. 58 N. Y. 282, 562; 49 id. 125; 63 id. 624; 81 id. 500, 506; 72 id. 486, 578; 75 id. 244; 77 id.

2; 82 id. 509, aff'g 20 Hun, 50; 90 N. Y. 461, 465; 14 Abb. Pr. 46; 11 id. 128; 5 id. 351; 11 id. 105; 7 How. Pr. 269; 22 id. 97; 14 id. 71; 16 id. 8; 15 id. 128; 18 id. 546; 58 id. 187; 2 Barb. 373; 1 Hill, 615; 7 Hun, 180; 22 id. 208, 217; 27 id. 246; 27 id. 18, 20; 30 id. 444, 445; 32 id. 141; 34 id. 11, 14; 35 id. 339, 340; 34 id. 273; 44 id. 517; 48 id. 208; 3 Rob. 639; 11 W. D. 447; 8 id. 560; 10 id. 129; 6 id. 531; 20 id. 280; 6 Civ. Pro. 144; 4 id. 75; 9 id. 107; 8. c. 53 N. Y. Super. 78; 8 Civ. Pro. 280; 55 N. Y. Super. 540; 18 Civ. Pro. 301; 22 id. 161; 23 id. 153; 136 N. Y. 214; 137 id. 550; 77 Hun, 90; 64 id. 496: 81 id. 387: 87 id. 533: 28 Abb. N. c 240: 29 id 462. 30 N y St. R 225: 31 id. 183; 43 id. 359; 45 id. 697; 46 id. 479; 47 id. 503; 49 id. 211; 50 id. 214; 59 id. 866; 63 id. 160; 2 N. Y. Supp. 336; 4 id. 65, 534; 6 id. 574; 7 id. 916; 9 id. 363, 803; 17 id.

24; 18 id, 553; 19 id. 36, 312; 35 id. 1057; 36 id. 16, 432; 37 id. 1021. 4. Continuance when one of several parties dies. In case of the death of one of two or more plaintiffs, or one of two or more defendants, if the entire cause of action survives to or against the others, the action may proceed in favor of or against the survivors. But the estate of a person or party jointly liable upon contract with others, shall not be discharged by his death, and the court may make an order to bring in the proper representative of the decedent, when it is necessary so to do, for the proper disposition of the matter; and, where the liability is several as well as joint, may order a severance of the action, so that it may proceed separately against the representative of the decedent, and against the surviving defendant or defendants. Code Civ. Pro., § 758, as am'd L. 1877, C. 416. 10 Abb. N. S. 123, aff'd, 47 N. Y. 624; 20 Abb. N. C. 223, n.; 9 How. Pr. 190; 2 id. 17; 5

Sandr. 647; 4 Hun, 48; 23 id. 188; 35 id. 622, 625; 77 N. Y. 480; 55 N. Y. Super. 540; 14 Civ. Pro. 435 437; 49 How, P. 342; 5 Dem. 126; 18 Cit. Pro. 141, 209; 130 N. Y. 313: 56 Hun, 259; 66 id. 60; 68 id. 528; 81 id. 195; 23 Abb. N. C. 290; 24 id. 81; 30 N. Y. St. R. '596; 32 id. 192; 44 id. 711; 46 id. 593; 48 id. 742; 49 id. 194; 52 id. 147; 62 id. 706; 1 N. Y. Supp. 623; 2 id. 336; 4 id. 65, 534; 6 id. 387, 442, 574, 820; 8 id.

329; 9 id. 576; 10 id. 262; 18 id. 685; 20 id. 501, 832; 22 id. 1007; 35 id. 1057. 5 Continuance when part of action survives. In case of the death of one of two or more plaintiffs, or one of two or more defendants, if part only of the cause of action, or part or some of two or more distinct causes of action, survives to or against the others, the action may proceed, without bringing in the successor to the rights or liabilities of the deceased party; and the judgment shall not affect him, or his interest in the subject of the action. But where it appears proper 80 to do, the court may require or compel the successor, or a person who claims to be the successor, to be brought in as a party, upon his own application or upon the application of a party to the action. Code Civ. Pro., § 759. 2 Paige, 211; 6 id. 308; 16 Abb. Pr. N. S. 235; 18 Civ. Pro. 141; 66 Hun, 60: 23 Abb. N.

C. 290; 24 id. 81; 49 N. Y. St. R. 194; 4 N. Y. Supp. 65, 534; 6 id. 387, 574; 8 id. 329; 20 id. 832; 35 id. 1057.

heect of the ac the successori his own

personat e Supplemental puch a person, the permit the de brought

applicant that purpherwise the latt

6 Same; supplemental pleadings; cross action. In a case specified in the foregoing sections of this title, * where such a person applies in his own behalf, the court may direct that he be made a party, by amendment of the pleadings, or otherwise, as the case requires. Where an application is made by the plaintiff, to bring in such a person as defendant, the court may direct that a supplemental summons issue, and that supplemental pleadings be made. Where an application is made by a defendant to bring in such a person, the court may, and where the protection of the applicant's rights requires it, must permit the defendant to commence a cross action for that purpose. The cross action must be brought in the same court, unless the order otherwise specially directs. If it directs that the action be commenced in another court, the latter court may, by order, at any time after the cross action is commenced, remove to itself the original action, with like effect as if it had been brought therein. Unless the court otherwise directs, the original action and the cross action must be tried, and judgment rendered therein, as if they were one action. Code Civ. Pro., § 760, as am'd L. 1879, c. 542. 8 Civ. Pro. 218; 94 N. Y. 519, 523; 59 Hun, 161; 24 Abb. N. C. 64; 4 N. Y. Supp. 65, 534;

6 id. 574; 35 id. 1057. 7 When court may order abatement. At any time after the death of the plaintiff, or after the marriage of the plaintiff, where it affects the rights of either party, the court may, in its discretion, upon notice to such persons as it directs, and upon the application of the adverse party, or of a person whose interest is affected, direct that the action abate, unless it is continued by the proper parties, within a time specified in the order, not less than six months, nor more than one year, after the granting thereof. Code Civ. Pro., § 761, as am'd L. 1877, c. 416. 59 N. Y. 450; 49 id. 125; 90 id. 461, 464; 32 Hun, 506; 53 N. Y. Super. 78; 8. c. 9 Civ. Pro.

107. See Chattels, $ 48.

8 Exception. The foregoing provisions of this title* do not apply to a case, where special provision is otherwise made by law. Code Civ. Pro., § 762. 24 Abb. N. C. 89.

9 When judgment entered in name of original parties. If either party to an action dies, after an accepted offer to allow judgment to be taken, or after a verdict, report, or decision, or an interlocutory judgment, but before final judgment is entered, the court must enter final judgment, in the names of the original parties; unless the offer, verdict, report, or decision, or the interlocutory judgment, is set aside. Code Civ. Pro., § 763. 63 N. Y. 414; 56 id. 521; 77 id. 515; 103 id. 274, 281; 9 How. Pr. 243; 59 id. 385, 387; 65

id. 422, 423; 10 Wend. 601; 12 id. 245; 21 Hun, 509, 513; 48 id. 208, 209; 11 Civ. Pro. 257, 264; 12 id. 383, 385; 21 How. Pr. 34; 5 Dem. 378; 138 N. Y. 425; 65 Hun, 562; 6 Misc. 50, 52; 42 N. Y. St. R. 13; 43 id. 359; 48 id. 862; 52 id. 926; 55 id. 927; 56 id.

607; 3 N. Y. Supp. 528; 16 id. 610; 17 id. 24; 26 id. 728. 10 Same; action for personal injury. After verdict, report or decision in an action to recover damages for a personal injury, the action does not abate by the death of a party, but the subsequent proceedings are the same as in a case where the cause of action survives. And in case said verdict, report or decision is reversed upon questions of law only, said action does not abate by the death of the party against whom the same was rendered. Code Civ. Pro., § 764, as am'd L. 1881, c. 277, and L. 1890, c. 379. 63 N. Y. 514; 104 id. 616; 11 Abb. Pr. N. S. 1; 7 Rob. 605; 34 Hun, 11, 14; 32 id. 141, 143;

s. c. 5 Civ. Pro. 228, 232; 12 id. 348, 350: 12 id. 351, n.; 54' N.'Y. 'Super. 146. 148 51 N. Y. 527, 536; 114 id. 579; 62 Hun, 257; 65 id. 562; 41 N. Y. St. Ř. 786; 48 id.

863; 55 id. 927; 5 N. Y. Supp. 372; 16 id. 694. 11. Same; when not authorized. This title* does not authorize the entry of a judgment against a party, who dies before a verdict, report, or decision is actually rendered against him. In that case the verdict, report, or decision is absolutely void. Code Civ. Pro., § 765. 21 Hun, 509. 513; 81 N. Y. 500, 507; 12 Civ. Pro. 351, n.; 11 id. 266; 59 How. Pr. 385; 73 Hun, 199; 24 Abb. N. C. 89; 2 N. Y. Supp. 413.

* This subject, 88 1-12.

is set unless the offer must enter herlocutory

12 Death of public officer, receiver, etc. Where an action or special proceeding is authorized or directed by law, to be brought by or in the name of a public officer, or by a receiver, or other trustee, appointed by virtue of a statute, his death or removal does not abate the action or special proceeding; but the same may be continued by his successor, who must, upon his application, or that of a party interested, be substituted for that purpose, by the order of the court, a copy of which must be annexed to the judgment-roll. Code Civ. Pro., § 766. 11 Abb. Pr. N. S. 85; 8. c. 60 Barb. 371; 56 N. Y. 504; 10 id. 164; 29 Hun, 44, 46; 16 W.

D. 170, 171; 140 N. Y. 414; 78 Hun, 544; 46 N. Y. St. R. 479; 55 id. 811; 61 id. 163;

i N. Y. Supp. 36. See also Actions, & 19; Arbitrations, S 18; Banking Law, $ 38; Business Corporations Law, 8 12; Chattels, 8 48; Comptroller, $ 31; Courts, SS 25, 44; Executors, etc., § 15; Limitations, 8 51; State Funds, 104; Mechanics' Liens, § 36; Names, & 7; Partnerships, SS 13, 34; Roal Property Law, 88 328–330; Time, $ 5.

For earlier laws on this subject, see Birdseye's Chronological Table of Statutes under L. 1788, c. 46; L. 1801, Revised Acts, cs. 90, 133, 174 (1 K. & R. 346, 440, 537); 1 R. L. 1813, cs. 75. 95, 56, pp. 312, 488, 519, and Code of Procedure, L. 1848, c. 378," $ 121; and see 2 R. S., pp. 13, 115, 116, 386.

ABBREVIATIONS. IN PLEADINGS, ETC.; see Courts, & 22.

ABDUCTION. 1 Defined. A person who,

1. Takes, receives, employs, harbors or uses, or causes or procures to be taken, received, employed or harbored or used, a female under the age of eighteen years, for the purpose of prostitution; or, not being her husband, for the purpose of sexual intercourse; or without the consent of her father, mother, guardian or other person having legal charge of her person, for the purpose of marriage; or,

2. Inveigles or entices an unmarried female of previous chaste character into a house of ill-fame, or of assignation, or elsewhere, for the purpose of prostitution or sexual intercourse; or,

3. Takes or detains a female unlawfully against her will, with the intent to compel her by force, menace or duress to marry him, or to marry any other person, or to be defiled; or,

4. Being parent, guardian or other person having legal charge of the person of a female under the age of eighteen years, consents to her taking or detaining by any person for the purpose of prostitution or sexual intercourse;

Is guilty of abduction, and punishable by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both. Pen. Code, § 282, as am'd L. 1884, c. 46, L. 1886, c. 31, and L. 1895, c. 460. 6 Park. 129; 8 Barb. 603; 11 Hun, 82: 37 id. 190, 288; 44 id. 565; 100 N. Y. 592, rev'g 36

Hun, 454; 4 N. Y. Cr. R. 589; 5 id. 65; 14 N. Y. St. R. 419; 71 Hun, 601; 55 'N. Y. St.

R. 107, 108; 9 N. Y. Supp. 438; 24 id. 1111. See also Domestic Relations Law, $ 4.

2 No conviction on unsupported testimony of victim. No conviction can be had for abduction, compulsory marriage, rape or defilement upon the testimony of the female abducted, compelled or defiled, unsupported by other evidence. Pen. Code, § 283, as am'd L. 1886, c. 663. 1 Park. 453; 5 id. 254; 6 Abb. Pr. 139; 2 Lans, 309; 100 N. Y. 592, rev'g 1 How. Pr. N. S.

407: 55 N. Y. 644: 3 N. Y. Cr. R. 129; 4 id. 309, 590; 14 N. Y. St. R. 420; 71 Hun, 601; 74 id. 310; 35 N. Y. St. R. 943; 51 id. 300; 55 id. 107, 108; 56 id. 255; 64 id. 739.'

ABETTING
See Aiding or Abetting.

ABILITY
PHYSICAL; see Rape, S 2.
PRETENCE OF ABILITY TO PAY; see Larceny, & 17.

ABOLISHMENT.
Note.- Under this head are given references to various statutes abolishing certain earlier

forms, offices, writs, etc.
OF ACTION FOR DISCOVERY; see Discovery, S 8.
OF BOARDS OF EXCISE; see Liquor Tax Law, $ 3.
OF CANAL TOLLS ; see Constitution, & 103.

OF COMPULSORY INSPECTION, WEIGHING AND MEASURING ; see Inspection; Constitution,

S 70. OF COURTS OF OYER AND TERMINER, AND CIRCUIT COURTs; see Constitution, $ 77. OF N. Y. SUPERIOR, AND COMMON PLEAS, AND BUFFALO SUPERIOR, AND BROOKLYN CITY

COURTS; see Constitution, $ 76.
OF COURTS OF SESSIONS, EXCEPT IN NEW YORK COUNTY; see Constitution, & 85.
OF DAYS OF GRACE; see Days of Grace.
OF DEODANDS; see Convicts, 8 2.
OF DISTINCTION BETWEEN ACTIONS AT LAW AND SUITS IN EQUITY; see Actions, $ 7.
OF DISTINCTION BETWEEN TOWN AND COUNTY Poor; see Poor Law, SS 134, 135, 137a.
OF DISTRESS FOR RENT; see L. 1846, c. 274.
OF ESTATES TAIL; see Real Property Law, $ 22.
OF EXPECTANT ESTATES; see Real Property Law, 8 26.
OF FEIGNED Issues; see Trials, § 10.
OF FEUDAL TENURES; see Constitution, & 11.
OF FINES AND COMMON RECOVERIES; see Real Property Law, $ 303, n.
OF FORFEITURES; see Convicts, % 2.
OF CERTAIN LIBRARIES; see University Law, § 51.
OF LINEAL AND COLLATERAL WARRANTIES; see Real Property Law, 8 217.
OF LIVERY OF SEIBIN; see Real Property Law, $ 206.
OF NOLLE PROSEQUI; see Dismissal, 8 6.
OF OFFICES :

CANAL APPRAISERS; see Board of Claims, & 13.
CANAL BOAT INSPECTOR; L. 1857, c. 105, S 18.
CAPTAIN OF PORT AND HARBOR MASTER; see New York Harbor, $ 61.
CHIEF CLERK CANAL DEPARTMENT; see Stato Funds, & 57.
COMMISSIONERS OF PUBLIC ACCOUNTS; see State Funds, & 219, n.
LOAN COMMISSIONERS; see State Funds, & 186.
MINING INSPECTORS; see Mines, $ 21.
RAILROAD COMMISSIONERS IN Towns; see Municipal Law, & 13.
SECOND DEPUTY COMPTROLLER; see Comptroller, 818, n.
STATE BOARD OF AUDIT; see Board of Claims, 13.
STATE PRINTER; see L. 1846, c. 24, § 9.
Town COMMISSIONERS OF DEEDB; see Real Property Law, $ 243a.
TRUSTEES OF GOSPEL AND SCHOOL Lots; see Gospel and School Lots, $ 17.

WEIGHING MERCHANDISE, ETC.; see Constitution, $ 70.
OF ORAL PLEADINGS IN MANDAMUB; see Mandamus, & 14.
OF PETIT TREASON; see Homicide, $ 4.
OF POLICE JUSTICES IN THE CITY AND COUNTY OF New YORK; see New York, 95.
OF POWERS; see Real Property Law, & 110.
OF PREFERENCES IN CERTAIN CASES; see Executors, etc., § 82.
OF PUNISHMENTS; see Prisons, & 87.
OF RULE IN SAELLEY'S CASE; see Real Property Law, 8 44.
OF RULES OF CRIMINAL PLEADING; see Indictment, $ 8.
OF TONNAGE TAXES, DUTIES, ETC.; see New York Harbor, $ 59,
OF USES AND TRUST8; see Real Property Law, $ 71.
OF WRITB:

CONSULTATION; see Prohibition, & 10.
DISCHARGE; see Habeas Corpus, & 43.
ERROR IN CIVIL ACTION OR SPECIAL PROCEEDING; see Appeals, $ 1.
ERROR AND CERTIORARI IN CRIMINAL ACTIONS, ETC., see Appeals, g 70.
INJUNCTION; see Injunction, $ 1.
NE EXEAT; see Arrest, & 1.
Quo WARRANTO, ETC.; see Actions, & 71.
REMOVAL OF CRIMINAL ACTIONS; see Indictment, $ 60.
RIGHT, DOWER, ENTRY, DISCHARGE; see Real Property, 8 303, n.
SCIRE FACIAB; see Actions, 71.

ABORTION. 1 Defined. A person who, with intent thereby to procure the miscarriage of a woman, unless the same is necessary to preserve the life of the woman, or of the child with which she is pregnant, either

1. Prescribes, supplies, or administers to a woman, whether pregnant or not, or advises or causes a woman to take any medicine, drug, or substance; or

2. Uses, or causes to be used, any instrument or other means;

Is guilty of abortion, and is punishable by imprisonment in a state prison for not more than four years, or in a county jail for not more than one year. Pen. Code, § 294. 1 Park. 427; 3 id. 569; 2 Barb. 216; 3 Hill, 92; 1 N. Y. 379, 383; 29 id. 523; 49 id. 86; 56 id.

95, 101; 55 id. 613; 98 id. 631: 20 Hun, 309; 22 id. 525; 5 N. Y. Cr. R. 121; 14 N. Y. St. R. 496; 112 N. Y. 79; 133 id. 267; 61 Hun, 115; 73 id. 534; 39 N. Y. St. R. 598; 44 id. 910; 56 id. 202; 62 id. 357; 15 N. Y. Supp. 441.

2 By pregnant woman. A pregnant woman, who takes any medicine, drug, or substance, or uses or submits to the use of any instrument or other means, with intent thereby to produce her own miscarriage, unless the same is necessary to preserve her life, or that of the child whereof she is pregnant, is punishable by imprisonment for not less than one year, nor more than four years. Pen. Code, $ 295. 54 Barb. 306; 34 Hun, 281; 5 N. Y. Cr. R. 126; 48 N. Y. St. R. 908; 15 N. Y. Supp. 441. For $ 296 see Concealing Birth, etc., § 1.

3 Selling drugs, etc. A person who manufactures, gives or sells an instrument, a medicine or drug, or any other substance, with intent that the same may be unlawfully used in procuring the miscarriage of a woman, is guilty of a felony. Pen. Code, $ 297.

4 Dying declarations evidence. In all prosecutions under and in pursuance of this act, the dying declarations of the woman whose death is produced by any of the means hereinbefore set forth, shall be admitted in evidence subject to the same restrictions as in cases of homicide. L. 1872, c. 181, § 6, as am'd L. 1875 c. 352. (Note.-L. 1872, c. 181, was repealed by L. 1886, c. 593, & 1, 147, except the above section,

which was added by L. 1875, c. 352, and which has not been repealed.) See also Homicide, &$ 12, 13, 16; Obscenity, & 2; Courts, $ 5.

For earlier laws on this subject, see 2 R. S., p. 694, § 21; p. 661, § 8, and Birdseye's Chronological Table of Statutes, under Laws 1845, c. 260.

ABSCONDING. DEBTORS; sce Arrest, SS 3, 4; Attachment, & 2; Inns, etc., & 7; Trusts and Trustees,

S$ 47, 48, 50.
EXECUTOR; see Executors, etc., 8 55.
PERSONS LEAVING WIFE OR CHILD A PUBLIC CHARGE; see Poor, $$ 7, 132, 138–141, 154-159,
See also Justices' Courts, S8 9, 200.

ABSENTEE.
ADMINISTRATION on EstATE OF; see Executors, etc., SS 34–38, 40-45, 47, 49.

ACADEMIES. 1 Note.- By L. 1889, c. 529, § 2, and L. 1892, c. 378, most of the prior provisions of law

relating to academies were repealed, and the incorporation and government of academies and other institutions of learning were placed under the charge of the regents, under rules to be established by them. See University Law, 88 27-32.

Dissolution of Academies. 2 When trustees to call a meeting of stockholders. The trustees of any acadeiny incorporated under the laws of this state and having a capital stock, may, and upon the written application of any person or persons owning or lawfully holding one-third of the said capital stock, must call a general meeting of the stockholders of the said academy, as hereinafter provided for the purpose of determining whether or not such incorporated academy shall surrender its charter and be dissolved and its property distributed among the stockholders thereof. L. 1889, c. 25, § 1.

3 Notice; publication. The notice for such general meeting must state the object thereof and be subscribed by the chairman or other acting presiding officer and the secretary or acting secretary of the said corporation or board of trustees; it shall be published once a week for three successive weeks prior to such meeting in a daily or weekly newspaper published in the place where the said academy is located; or if there be no such paper, then in a daily or weekly paper published within the county, if there be one, or, if not, in an adjoining county to that in which such academy is located. Id., § 2.

4. Certificate of vote to dissolve; filing; effect. Whenever, at a meeting of stockholders called as hereinbefore provided, any person or persons holding or qualified to vote upon a majority of the capital stock of such incorporated academy shall vote to surrender the charter thereof and to dissolve the corporation, the trustees of such academy, or a majority of them, must make and sign a certificate of such action, cause the same to be properly attested by the officers of

by them. seus placed under the governmensions of

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