New York (State) Laws, statutes, etc. Compilations

SUPPLEMENT, 1918

ΤΟ

ANNOTATED †
CONSOLIDATED LAWS

OF THE

STATE OF NEW YORK

Second Edition

CONTAINING

AMENDMENTS TO CONSOLIDATED LAWS, CODE OF CIVIL PROCEDURE,
AND OTHER GENERAL STATUTES, ENACTED BY THE
LEGISLATURE OF 1918

AND ALSO

DECISIONS OF THE COURTS AND RULINGS OF THE ATTORNEY GENERAL
AND STATE OFFICERS AND COMMISSIONS UNDER THE LAWS
AND CONSTITUTION FROM JULY 1, 1917, TO JULY 1, 1918

EDITED BY

ROBERT C. CUMMING AND FRANK B. GILBERT

USIVY

203B
F17

THE BANKS LAW PUBLISHING COMPANY
BAKER, VOORHIS & CO.

NEW YORK

MATTHEW BENDER & CO., INCORPORATED
ALBANY, N. Y.

1918

CONSTITUTION OF THE STATE OF NEW YORK

PREAMBLE.

Construction.-The Court of Appeals has no power to extend by a process of construction the plain meaning of the provisions of the State Constitution. Matter of Becker v. Boyle et al. (1917), 221 N. Y. 681, 117 N. E. 610, affg. 179 App. Div. 789, 167 N. Y. Supp. 118.

Who may raise constitutional question.-A constitutional question may be raised only by a person whose rights are involved. Matter of Attorney-General v. Taubenheimer (1917), 178 App. Div. 321, 164 N. Y. Supp. 904.

Power of legislature to enact.-An act of the legislature cannot be judicially declared to be unconstitutional as beyond the power of the legislature to enact, unless one be able to point specifically to some provision of the Constitution with which it is in conflict. Cleveland v. City of Watertown (1917), 222 N. Y. 159, revg. 179 App. Div. 954, 166 N. Y. Supp. 286.

Art. I, § 1. Persons not to be disfranchised.

Right of trial in own county.-This section would seem to guarantee a plaintiff in an action for false imprisonment the right of trial in his own county, which privilege belongs under the provisions of section 983 of the Code of Civil Procedure to citizens generally. Lawton v. Farrell (1917), 178 App. Div. 376, 164 N. Y. Supp. 838.

Manner of arranging names on ballots under subdivision 3 of section 331 of the Election Law held not to be unnecessarily arbitrary and discriminatory so as to violate the Constitution. Walsh v. Boyle (1917), 179 App. Div. 582, 166 N. Y. Supp. 681.

Application. Where the complaint entitles the plaintiff to have the cause placed on the Special Term calendar for trial, it would be an infringement of defendant's constitutional right to a trial by jury to hold the cause and proceed to judgment against the will of the defendant, after deciding that the plaintiff at no time had a cause of action in equity. Ohl & Co. v. Standard Steel Sections, Inc. (1917), 179 App. Div. 637, 167 N. Y. Supp. 184.

Trial by jury in surrogate's court may be had only of issues which by constitutional provision were formerly triable by jury. Matter of White (1917), 100 Misc. 56, 166 N. Y. Supp. 158.

The right to a jury trial upon proceedings for the probate of a will should be demanded at the time of the filing of objections. Where contestants do not make such demand until an adjourned date, when they appear and ask permission to file amended objections, which are in precisely the language of the original objections, with an addition thereto of a demand for trial by jury, they will be deemed to have waived their right thereto. Matter of Cartwright (1917), 180 App. Div. 21, 167 N. Y. Supp. 438.

Art. I, § 6. Bill of rights.

When defendant not twice put in jeopardy for same offense.-Where a first indictment for a violation of the first subdivision of section 889 of the Penal Law 1

VOL. X-1