Absconding, &c. debtors,

11. 386

by death, marriage, &c.....
death of one of several plaintiffs or
defendants not to abate suit... II. 386
death of sole plaintiff or defendant,
when not to abate suit
proceedings in partition, not abated

by death

11. 386

II. 387

II. 388

death or removal of public officer or
trustee, not to abate suit
suits under health law not to abate by
death of officer.....
proceedings against absconding debt-

I. 447

or, when abated by his death.. 11. 13
death of executor or administrator,

not to abate suits......... II. 115, 116
of actions of ejectment prevented 11. 308,
311
pleas in, to be verified by affidavit.... 11. 352
not allowed in certain suits in favor
of the state
I. 174
of suits in chancery, provisions concern-
ing.
II. 184

....

of special proceedings, before judge or
other officer, prevented.... II. 35, 284
I. 115
11. 333

of legacies, when to be made
of nuisance, judgment for

Abbreviations, English in common use, may
be used in process, &c..........

Abduction of females.......

of colored persons.

of children

of other persons.

.....

Abortion, attempts to produce....

II. 275
11. 663, 664
..... II. 665

II. 665
II. 664

11. 694

of quick child by drugs, &c..... 11. 662
Absconding, concealed and non-resident debt-

debtor may contest allegation of conceal-
ment, &c. and how.
assignee of debtor may also apply..
decision on petition of debtor or assignee,
how reviewed by certiorari, &c...... 11. 602
may apply for discharge of attachment.. II. 11
trustees to be appointed, and when..... II. 12

their general powers, and duties II. 39
appointment to be recorded, &c. II. 12
death of debtor after time limited for his ap-
pearance, not to affect proceedings... i. 13
death thereafter provided for..
sheriff to return warrant; when, and how
enforced....

Absent, concealed and non-resident defend-
ants, how proceeded against in chancery
11. 185
Abstaining from prosecution for offences,
agreement for......
.... II. 689, 692

ACADEMIES, their foundation .... ...... I. 461
certain, to be visited by regents of the uni-

versity
I. 457
to receive share of income of litera-
ture fund, and to make returns. 1. 458,
459

trustees of, their powers and duties... 1. 462
and colleges, general provisions applica-
ble to...
I. 463

teachers in, exempt from military
duty...

students in, also exempt except,

&c. .....

Acceptance of bills of exchange..

... I. 767

II.

II. 5

4

(See Bills of exchange.)

II. 7

Accessaries before the fact, in felony..... 11. 698
after the fact....
II. 699
may be tried, after principal par-

II. 727

notice of attachment to be published, and
how...
sales and judgments after publication of no-
tice, void.
debtors, &c. of person proceeded against,
to account to trustees
if prosecuted by him, may give evidence of
attachment, &c...

after application for attachment, other cre-
ditor may file affidavit and petition... II.
such subsequent attachment to be deemed
part of first proceedings.

00

II.

9

x. 611

II. 385

II. 113

doned..
after the fact in kidnapping.. 11. 665

actions of, to be referred, and proceed-

ings thereon...
may be brought by and against exe-
cutors and administrators
to be commenced within six years 11. 295
proceedings to compel executors and admi-
II. 91

nistrators to account.

ib.
1. 380, 11. 476
11. 479

by and against commissioners of high-
ways..

on bonds of sheriffs.
of surrogates

of register in chancery 11. 170, 479
of clerks in chancery 11. 170, 479
of clerk of New-York.... 11. 479
of marshals of cities
II. 480

for penalties and forfeitures . ................. 11. 480
on recognizances..

II. 485
.... II. 505
11. 522
on bonds given by defendants in attach-
ments...
.. II. 538
on bonds submitting to arbitration. 11. 544
in name of the people, practice, &c. to
be as in private suits...
II. 552
by district attornies on bonds given on
appeals from surrogates.. ..... II. 611
when to be referred, and proceedings
thereupon......

division of

II. 291

time of commencing.

right of, not merged in felony..

II. 292

11. 292

[See Limitation.]

cognizable before justices of the peace

II. 225

for irregularities in distraining
of replevin....

ed.....

II. 302

to compel determination of claims to

real property.

II. 312

for partition of lands.

II. 315

nuisance

II. 332

waste..

11. 333

trespass on lands..

11. 338

general provisions concerning

II. 339

costs in..

11. 613

to discover death of persons upon
whose lives estates depend... u. 343

or by filing or declaration, &c...
by summons against a corporation. 11. 347,
458

how, when defendant's name is un-
known....

...... II. 347

proceedings therein, until the forming

of an issue in fact...

II. 317

1. 183
may be read in evidence from volume
printed by state printer..
..... I. 184
how referred to in pleadings.. .............. 11. 351
Acts of parliament of England and Great-
Britain, not law in this state since May
1, 1788,.
Adjournment of poll of election..

of state canvassers..

of legislature

11. 779
.... L. 136
1. 144
..... 1. 153

11- 277

11. 277

omission of, in courts of record, not to

vitiate proceedings

of court before expiration of term, not

to affect process.

may be read in evidence, for certain time,
from state paper.....

1. 183

letters of, when to be granted to guar-
dian.....

76

76

II. 75
when person not entitled may be joined
renunciation of persons having prior
right, when to be produced...... II.
citation to such person, when to be is-
76
sued, and proceedings thereon... II.
II. 76
attorney-general, when to be cited..
special letters for collection of effects,
when to be issued, &c........... II. 76
letters of administration to be revoked,
on will being proved.
II. 80
letters how issued, tested and sealed 11. 80
II. 80
their effect as evidence.
bond.......

II. 77

Administrator public,

in the city of New-York

to

certain expenses and gifts excepted .... II. 98
Adverse possession, owner of land deemed in
possession except when held adversely
for twenty years

under written title defined

..... II. 293
II. 294

what acts, in such case, to constitute it. II. 294
of tenant, to be deemed possession of land-

lord, for twenty years...
II. 294
grants of land held adversely, void. I. 739
but mortgages of such lands may be given, 1. 739
effect of such mortgages
T. 739
Advertisement, foreclosure of mortgages by
II. 546

Advertisements, legal, fees for publishing. 11. 648
Affidavits, to be read in courts of record, who
may take them.
.... II. 284
and other proceedings, in other states and
foreign countries, how to be authenticat-
ed, to be read in this state........... II. 396
of publication of legal notices; how made
and preserved...
effect thereof..
Affinity of judges,.

..... II. 403
........ II. 403
..... II. 275
of clerk or sheriff, in certain cases.. II. 420
Affirmation, when to be received in lieu of

oath

.... II. 407

Agent of Onondaga tribe of Indians, to be ap-
pointed..

..... I. 100
..... 1. 115

how, and for what term..........
receiving return of commission, duty of. 11. 395
Agents, holding personal property, when not

to be taxed therefor ......... I. 393, 419
may sign bills and notes, and accept
bills....
1. 768
may execute conveyances, &c. 1. 738, 11.
135, 137
of insurance companies of other states, to

pay premiums into the treasury..
... 1. 714
to give bond for such payment ........714
Agreement, recoveries by, against certain te-
nants, void as to reversioner, &c..... 11. 340
AGREEMENTS on account of wagers, void.. 1. 662
on account of raffling, void... 1. 665
for sale of stocks, void, unless sel-

state offices, to be kept in..

school monies of, to be paid to trustees of
Lancaster school..

I. 201

I. 493

I. 188

ib. if to answer for debt, &c. of another 135
ib. if made upon consideration of mar-

riage.....
for sale of personal property, requisites

to

.. II. 136
with journeymen or apprentices, in re- ́
straint of trade, void.
..... II. 160
II. 341

Aidprayer abolished..
Aids, military.....

ALBANY, CITY OF,

aldermen of, their powers as judges of may-
ors' courts....
... II. 217, 219
as judges of oyer and terminer..... 11. 205
may try certain actions as justices of
the peace

auctioneer's in, their number

I. 421

to have three members of assembly... 1. 151
to be in third senate district
1. 84
to compose tenth congress district.... 1. 85
county courts in, when to be held
and by whom...

II. 217

11. 217

II. 227

I.

98

courts of oyer and terminer in, by whom to
be held

11. 205

inspectors of wood and timber in,

how appointed and tenure of office 1. 114,

their powers and duties.

elections in, to be by wards
inspectors of, in, how to be appointed
1. 129
1. 527

I. 449

ferry in, protected...
floating timber in, regulations concerning 1. 700
health of, regulations for its preservation 1. 448
health officer, to be appointed for....... r. 100
how appointed and tenure of office. 1. 114,
115
his duties....
inspector of distilled spirits in, his fees. 1. 568
of flour and meal, to be appointed for. 1.
how appointed and tenure of office. I. 114,
115
his powers and duties........
1. 536, 570
of fish or liver oil, to be appointed for. 1. 100
how appointed and tenure of office. 1. 114,

[See vol. II. act of 1829.]

leases for life or years, not to be recorded

in

I. 763
militia of, special provisions concerning. 1. 336
school monies, how to be apportioned in. 1. 493
sealer of weights and measures in, to be

deemed assistant state sealer....... 1. 100
supervisors of, when to meet.
.. 1. 366

towns in, may provide for destruction of
noxious weeds.

1. 360

in New-York, in common pleas and general
sessions

II. 215, 216
their authority in cases of forcible entries
and detainer....

11. 510
to require sureties of the peace 11. 704
in the arrest, &c. of offenders.. 11. 706
in New-York, power to remove tenants in
certain cases
11. 512
[See also the several cities enumerated in this
Index.]
Ale houses, [See Groceries.]
ALIENATION of land, who capable of..... 1. 719
made during suit, not to bar action.. II. 342
but makes purchaser liable to profits for
the time he holds..
II. 342
by deed, provisions concerning. 1. 738, 748
power of, when deemed suspended....
..... I. 723
how long may be suspended..

legislature to assemble in

masters in chancery in,

1. 153
lottery venders, how to be licensed in.. 1. 668

when title of citizens of this state not af-
fected thereby..

I. 719

ALIENS cannot hold offices..

L. 116

[See vol. II. act of 1829.]

devises to, unless authorised by statute to
hold real estate, void..

II. 57

[See also vol. 1.]

damages..

for divorce or separation..

Allegany, county of,

named.

to be in eighth senate district.

1. 152

and in twenty-eighth congress district I. 86
to have one member of assembly..
supreme court commissioner to be appoint-
ed for......

supervisors of, when to meet..

....

1. 96
1. 366
1. 708

may allow bounties for killing wolves and
panthers
Alms-houses exempt from taxation........ 1. 353
Ambassadors of U. S. in foreign countries,
may take proof of deeds..

I. 757

Amendment of pleadings and proceedings. 11, 424
court in which action is pending, may amend
before judgment
II. 424

opportunity to be allowed to answer amend-

ments in substance.

ment..

formal defects may be amended after judg-

return day of certain process, not to be
amended..

II. 421

II. 424

11. 421

returns by officers, &c. to be amended. 11. 424
certain defects to be disregarded and amend-
ed after verdict, &c....

II. 421
.. 11. 425

order of court requisite to..
provisions of statute of amendments extend-
ed to all actions and proceedings..... 11. 425
formal defects, on general demurrer, to be
amended by court.

of bonds required by law.

ANIMALS, racing of, prohibited, &c......

II 352

11. 556
I. 672

ib. within a mile of a court...... 11. 692
mischievous, liability of owner for kill-
ing by.

noxious, their destruction provided for. 11. 706

...

11. 662

maliciously maiming..

II. 695

cruelty to..

II. 695

low bounties

towns in certain counties may also al-

bounty for, how claimed and paid.. i. 706
supervisors of certain counties may al-
low further bounties..

........

11. 708

bounties a county charge.

II. 361

months

deer, &c. not to be killed during certain

II. 386

other provisions concerning

11. 701

dogs, tax to be assessed for, and how

11. 701

such tax how collected

owners of, liable for sheep killed by 11. 704

other provisions concerning.

Annual and special town-meetings

Answer to bill in chancery,

[See Chancery, court of.]

II. 704
I. 339

Apothecary, selling poison without label.. 11. 694
selling tartar emetic without label ... 11. 694
APPEALS, from justice's judgment to court of
common pleas.....
II. 257
may be made when judgment is for more
than $25, exclusive of costs....... II. 258

execution to be sued out by appellee, in
thirty days after judgment, or sureties
discharged...

from justices to court of general sessions,
under laws respecting bastards..... 1. 647
when allowed and notice thereof..
1. 647
certain justice not to sit on hearing of. 1. 647
proceedings after appeal.. 1. 647 to 650
costs on, how awarded, &c...... 1. 649, 650
judge or justice being inhabitant of town
interested in appeal, not to sit..... II. 210
from the court of common pleas to chancel-
lor, in regard to estates of habi-
tual drunkards .....
11. 53, 611
to supreme court in dower..... 11. 611
from surrogates to circuit judges, on alle-
gation contesting will in probate... 11. 62
within three months after proof of will,
devisee, &c. may appeal.. ....... II.
proceedings thereon.

from surrogates to chancellor,
from decree settling accounts of executor or
administrator to be made within three
months
.... II. 95

from decree as to guardian's accounts.. 11. 152
from orders respecting guardians, when and
by whom made.....

.... II. 153
in other cases, within what time to be
made

II. 610
bond; and staying proceedings
...... II. 610
costs and damages upon....
II. 618
from surrogates to supreme court in cases
of dower..
II. 611
within what time to be made........ 11. 611
from vice-chancellor to chancellor.. 11. 169, 173
if prior to final decree, to be made within
fifteen days...
11. 178
if from final decree, within six months II. 178
effect of, and proceedings on appeal, to be
prescribed by chancellor.

powers of chancellor on hearing

to court for correction of errors,
when chancellor is a party ....
from chancery to court for correction of er-