Statutes at Large of the State of New York

NI, 173
III, 173
III, 174

III, 177
NII, 186

III, 202

III, 154
III, 167
III, 180
III, 198
III, 205
IV, 336

Canals, continued :

Vol. Page.
resident to be appointed, ...
assistants to be appointed, ..
their compensation,..
their duties, III, 174, 175, 176
removal from office....
false estimates by,...,
orders for work to be in writing, 11, 197
number limited, .

temporary, may be employed, ii, 203
enlargement

price of land for, limited. ...
accounts for, to be separate, .
of all, provided for, ..
extent of enlargement,

for purposes of defence,.
emigrants, transportation of,..
extra allowances to contractors, iii, 161, 170
fund, transfer of stocks, .... III, 65, 66, 74
deposit of,..

III,

III, 204

NII, 39

MI, 192

III, 128

III, 170

IV. 93

III, 155
III, 183

67
loan to gene
fund

III,

75
Glens Falls feeder,

construction account,.
inspector of hoats,

may administer oaths,.. III, 168, 197
office abolished,
transfer of duties to collectors, 11, 192

and measurers to be appointed, ii, 197
lands, when divided by canals,...

may be sold by canal board, .. III, 171
maps, to be preserved by surveyor-
general,...

III, 28
evidence of title to lands,

and plans of enlargement,..
navigation,

interruptions guarded against, 11, 149
railroad crossings, .

III, 150
transportation of live stock, . . III, 172
speed of boats,....

by the U. S. government,
Oneida lake,

tolls on, how fixed, .....
Oswego, surplus waters on,.
officers, bribery of,. .
penalties. may be modified,

remission of,..

remission prohibited..
railroad crossings.
repairs, estimates to be made,
materials for,...

III, 164, 172
regulations for making,
may be let by contract,

contracts for, to be filed,
rehearing by canal board,
revenue, deficiency in,.

surplus disposed of,.
frauds on, defined,

may be invested, .
steamboats, navigation by,.
superintendent,

estimates of repairs, ... .... III, 155
interest in contracts,.... II, 163, 192
to buy materials and tools, ... III, 172
duty on the canals,
receipts for moneys paid, .
to publish monthly accounts,. 11, 179

removal from office,
surplus waters, at Black Rock harbor,

III, 162
on the Oswego canal,

Canals, continued :

Yol Page,
on the Chenango canal, ..

IV, 29
tolls, how to be fixed,.. III, 102, 161
to be deposited,

III, 104
on Oneida Lake canal,

II, 106
on Chenango canal,

ni, 58
annual report of,

III, 169
unclaimed freight,.

IV, 523
water, penalty for drawing,

m, 198
drawn to Syracuse level,

IN, 200
may be used at Montezuma,., III, 237
weigh masters, may administer oaths,

m, 163
where to reside,

III, 200
Canandaigua, town of,

V, Ap. 199
Canandaigua lake and river,
preservation of fish in, .

IV, 105
Canceling judgments,

IV, 622, 627, 635
Candor, town of,

V, Ap., 186
Caneadea, town of,

V. Ap 215
Canisteo, town of,

V, AR, 189
Canton, town of,

V, Ap. 150
Canvass of votes at town meetings,
in Hamilton county,

m, 44
throughout the state,

INI, 50, 51
Capitol. trustees of,
superintendent of,

IN, 128
rooms in, may be leased,
Captain of the port in New York, IV, 91, 94, 95

may bring actions,
Carlisle, town of,

1, Ap. 132
Carlton, town of,

v, Ap. 209
Carmel, town of,

V, Ap. 103
Caroline, town of,

V, Ap. 184
Carp. preservation of,

IV, 96
Carriers of passengers :

[See Common carriers.)
Carroli, town of,.

, Ap. 219
Casks, mark and tare to be true,
Castile, town of, .

V, AP-, 207
Castleton, towu of.

V, Ap., 100
Catherines, town of,.

V, Ap., 186
Catlin, town of,

1, Ap., 186
Catskill, town of,

V, Ap., 124
Catskill creek, cutting ice in,

IV, 63
Cattaraugus, description of county, F, Ap. 11
towns in,...

V, Ap., 217
in 8th judicial district,

INT, 6
in 32d senate district,

INI,

9
in 31st congress district,

III,
members of assembly in,

III,

7
preservation of fish in,
dog tax in,....
selling liquior to Indians in,

TV, 367
Indian reservations in, IV, 383, 389, 399, 406
Causes, preferred in court, ... IV, 163, 512, 697

600, V, 133
Caughnawaga. (See Indians.]
Cayuga, description of county,

, Ap. 67
towns in,

V, Ap., 195
in 7th judicial district, .

III 6
in 25th senate district,

IIT, 9
in 24th congress district,
members of assembly in,

in, 7
Cayuga lake, preservation of fish in, iv, 96, 100
ingress of salmon in,...

IV, 99
dams in rivers leading to,
Cayuga Indians :
may buy and sell lands,

IV, 396
may adopt other tribes,

IV, 397

IIL 666

III, 199
III, 206

III, 106
III, 154
III, 199
III, 155
III, 122
III, 190
III, 646
In, 155

IV, 105
IV, Tos

III, 163
III, 190
III, 196
III, 159
III, 106
III, 107
III, 189
III, 201
III, 199

m, 1

III, 178
III, 178

III, 187

IV, 100

au, 158
III, 595

III, 708
III, 709

III, 709
III, 710
III, 710

IV, 435

IV, 441

IV, 680
IV, 645
IV, 105

III, 9
II, 11

IV, 458

III, 733

III, 734

Charitable institutions, continued : Vot. Page

mortgaging,

selling and leasing,
extended to:

fine arts,
historical,

literary,
Charleston, town of,

V, Ap., 139
Charlton, town of,.

V, Ap., 135
Charters to be examined,

IV, 207, 217
Chateaugay, town of,.

V, Ap., 150
Chatham, town of,

V, Ap., 126
Chattel mortgages, to be filed,

copy, when evidence, . IV, 436, 645
to be numbered,

IV, 436, 441
to be registered,
fees for filing, &c., .

IV, 436, 441
on canal boats,

on vessels, how proved, ...
Chaumont bay, fishing in,
Chautauqua, description of county, v, Ap. 71
towns in,

V, Ap., 219
in 8th judicial district, .

III, 6
in 32d senate district,
in 31st congress district, .
members of assembly in,

III,

7
Chautauqua, town of,..

V, Ap., 219
Chazy, town of,.

V, Ap., 149
Checks, no days of grace on, .
Chemical companies, incorporation of,.. IL 733

how formed,
trustees,

III, 733, 743
officers,
capital stock, III, 734, 736, 737, 738
by-laws,
use of funds,

......... III, 734
evidence of charter,.
personal liability,

III, 735, 736
annual report,
dividends, :
amount of indebtedness,
general powers,
treasurer's duty,
place of doing business, i, 741, 742, 744
purchases for stock,
duration may be extended,.
extended to raising vessels,

to dealing in ice,

to printing books,
Chemung, description of county,.. V, Ap., 72
in 6th judicial district, .

III, 6
in 27th senate district,

III,

9
in 27th congress district,
members of assembly in, .

III, 7
Chemung, town of, ..

V, Ap., 186
Chenango, description of county,

V, Ap., 64
towns in, .

V, Ap., 177
in 6th judicial district,

III, 6
in 23d senate district, .

III, 9
in 19th congress district,

III, 11
members of assembly in

III, 7
Chenango, town of,..

V, Ap., 180
Cherry Valley, town of,

V, Ap., 173
Chester, town of,..

V, Ap., 145
Chesterfield, town of,

V, Ap., 146
Chiefs, Indian, their powers, .

IV, 387, 395
Children, pauper to be taught,

4
not to be enumerated in schools, . . IV, 4
may complain of drunkenness of pa-
rents,

IV,

III, 734

III, 735

III, 735
III, 735
III, 738
III, 739
III, 739

III, 741
III, 742
Ini, 740
IN, 741
III, 743

III, 11

IV,

Vol Page.
Cayuta, town of,.....

V, Ap., 186
creek, a public highway,
Cazenovia, town of,

V, Ap., 164
Cemeteries :

churches may establish them, III, 701, 703
mortgages on regulated,..
removal of remains from,.
incorporation of rural,

companies, how formed,
general powers,
procuring land,

III, 746, 752
board of trustees,
annual reports,
injuring monuments,
exemption from tax and execution,

III, 745
III, 745
III, 745
III, 745
III, 746

III, 747
II, 748
III, 748

transfers of lots,
lots to be indivisible, ..
lands may be bought with stock,

III, 748
III, 749
III, 751

III, 753
IIL, 756

III, 749

III, 754
III, 754
III, 755

III, 755

III, 33

IV, 681

debts may be funded,
amendments to act for incorporation,

III, 751, 752, 755, 756
in incorporated villages,
preservation of birds in,

III, 753, 756
incorporation of private and family, mu, 754

amount of land to be used, ... III, 754
officers to be chosen,
certificate to be filed, .
injuring monuments, &c.,
consent of supervisors, when nec-

essary,
Census, provided for,

II, 11, 22
of lunatics,

IV, 28
Centreville, town of,

V, Ap., 215
Certiorari to special sessions, .

imprisoned debtors may sue out,.. IV, 475
to justices' courts,.....

IV, 543, 544
to inquire cause of detention,...
in criminal cases,

V, 175, 176
Challenge to jurors in civil actions.... IV, 648
in criminal actions,

IV, 648, V, 173
Chamber business in courts, .

V,
Chamber of commerce, to choose commis.
sioner of pilots, ..

IV,

77
Champerty, what deemed such,

IV, 590
Champion, town of,...

V, Ap., 169
Champlain, town of,.

V, Ap., 149
Champlain canal,

construction account closed, ...... III, 204
Chancery, as to insolv'nt banks, iv, 115, 117, 122
as to usury,

IV, 460
as to factors and agents' act,
as to absent and concealed parties, IV, 533

may nullify marriages, ..
Chancellor library, disposition of, .

III, 142
power as to lunatics' estates, ..

IV, 27
under bank laws,

IV, 124, 133
Changing names,

by churches,
Charitable bequests restrained, .

TV 504
Charitable institutions :
stock held by,....

III, 967
incorporation of, III, 705, 708, 709

how formed,
officers,
holding property,
personal liability,
visitation,

IV, 462

IV, 512

IV, 285
III, 703

III, 705
III, 706
III, 707
III, 707
nii, 707

IV, 433

IV, 517

IV, 367

IV, 536

IIL,
nii,
III,

V, 175
V, 212
V, 212
IV, 488

Children, continued :

Vol. Page.
to be bound out by orphan asylums, iv,

13
mother, when their guardian,..... iv, 13
when sent to asylums, iv, 14, V, 208, 211

216, 218, 219, 221
register of them to be kept, IV, 14
truant provided for,.

IV, 16
illegitimate to inherit,
to receive life ins. on parents, iv, 510, 515
how apprenticed to service,

[See Minors, Infants.]
Chili, town of,

V, Ap., 205
China, town of

V, Ap., 207
Chose in action, suit on, by assignee, .. IV, 620
Christian party of Indians,
Churches. [See Religious Societies.]
Cicero, town of,

V, Ap., 193
Cincinnati, town of,

V, Ap., 182
Circuit roll abolished (see Courts],

IV, 691
judges, transfer from,
courts, when and where to be held, v, 6
order of business, .....

V, 71, 138
removal of indictments, .
Circus, taxed for juvenile asylums,.

to be licensed annually,
Citation by surrogate,
Cities,
New York,

V, Ap., 222
Albany,

V, Ap., 225
Hudson,

V, Ap., 227
Schenectady,

V, Ap., 228
Troy,

V, Ap., 229
Cities, towns and villages, .

adulteration of milk,
amusements,
boards of health,
commissioners of deeds, .
digging in lots and streets,

V, 157
election of mayors,
insuring public buildings,
interest in contracts,
investigations by,

III, 304, 686
justices' courts in,

v, 20
liability for mobs,..

III, 321
licenses to sell liquor,

IV, 47
lunatics in asylum, .

IV, 26
railroads,..
squatters in,
taxes and assessments,
treasurer of fire departments,
truant children,

IV, 17
trusts for,
union free schools,...

witnesses before committees, .
Citizen. (See Alien.)

Indian when such,.
City inspector, as to registry of births, &o., Iv, 283
Civil actions,

V, 21
form of,

v, 21
time of commencing,

V, 22
parties,

v, 30
place of trial,

v, 33
manner of commencing,

v, 35
guardians,

V, 31, 138
abatement of, .

V, 32
notice of pendency,

V, 36
pleadings,
counter-claim,

v, 43
provisional remedies,

V, 51
arrest and bail,

V, 51, 139

III, 298
III, 415
III, 323
III, 401
III, 319

Civil actions, continued :

Vol Page.
claim to property,

V, 57
injunction,

59
attachment,

T, 61
other remedies,

V, 67
trial and judgment, ,

T, 68
on failure to answer,

V, 68
issues and mode of trial, V, 70
by court,

,
by jury,
by referees,

V, 16
exceptions in,

F, 75
entering judgment,
execution,

V, 80, 83
costs,

V, 87
appeals,

93
miscellaneous proceedings,

V, 107
particular cases,

T, 119
Civil divisions,

III, 6
judicial districts,

III, 6
apportionment of assembly, .
senate districts,
congressional districts,

10
Civil justice, administration of,... IV, 529. v, 3

courts of general jurisdiction, iv, 529, V, 4. 6
court of special jurisdiction,.. IV, 543, 5, 8
general provisions as to courts, IV, 549, V, 3
actions relative to real estate, IV, 608,

V, 23, 124
personal actions,

IY, 618
proceedings in actions, I, 637, V, 21
special proceedings,

IV, 650
other remedies,

IV, 681 v, 118
fees and costs,

IV, 683, F, 87
Civil officers, ...

III. 26
attorney-general,

HII, 33, 37
bond by commissary-general, ..... III, 33
comptroller's office,

INI, 27
duties of surveyor-general, ... IIL, 28, 31
expenses of state offices, .. III, 33, 116
injunctions against,

35
reports of state officers, III, 29, 37
resignations,

mi, 35
salaries,

III, 30, 37
soldiers' allotments.

III, 38
state paper,

III, 36
guits in behalf of the people, NI,

26
treasurer's accounts, III, 27, 105, 123

vacancies in office.. IIL, 26, 29, 34
Civil polity and internal administration, III, 1
Civil process, insane imprisoned on,... 26

service on foreign corporations, ... IV, 221
return of,

IV, 589, 699
service facilitated,

IV, 588
in suits by the state,..

IV, 600
Claim to personal property :
and delivery provided for,

V, 57
when concealed,

59
claimed by third party,

V, 59
Claims to real property:
determination of,

IV, 610, , 124
extended to terms for years, ... IV, 610, 611
to corporations,

IV, 611
action for, .

T, 124
Clarence, town of,

T, Ap. 212
Clarendon, town of,.

V, Ap. 209
Clarkson, town of,.

1, Ap. 205
Clarkstown, town of,

V, Ap., 107
Classification :

of commissioners of ercise, ....... IV, 47

III, 301
IV, 199
III, 303

IL,

III, 639
IV, 617
III, 344
IV, 202

IV, 430
III, 501
III, 686

IV, 300

V, 40

591

III, 40

IV,
IV,

III, 304

III, 48

IV, 573

V, 79

V, 10

IV, 56

III, 525

III, 109
III, 109
IV, 385

v, 14, 134

Classification, continued:

Vol. Page.
of county superintendents,

IV,

9
of commissioners of emigration, 304
of judges,

IV, 557, 529
of justices of the peace, .
of managers of lunatic asylum,

54
of port wardens, .

86
of town assessors, .....
of trustees of idiot asylum,. ... IV, 34
of trustees of schools,

III, 455, 476
Claverack, town of, .

V, Ap., 126
Clay, town of,..

V, Ap., 193
Clergymen to keep records of marriages, iv, 284
Clerks :

of appeals, to give bond,
in canal department,..

III, 27, 102
of circuit,..
of court, to enter verdict, .

72
to enter judgments, .
fees of,

91
of excise, duties, &c., .

IV,

48
may administer oaths, &c.,
of school districts, vacancies how pro-
vided for,

III, 476, 479
their duties,

to report births, deaths, &c., .. IV, 281
of towns. [See Town Clerks.)
of county. (See County Clerk.]
of senate, to render accounts, . .
of assembly, to render accounts,
among the Indians, ...
hire of, for state treasurer,.

III, 71, 159
for attorney-general,

III, 30
of supervisors, to publish statement, il, 316

may administer oaths,.
to report valuations,..

to transmit proceedings,
of the polls, pay of,
of state prison, his duty,

may administer oaths,.
Clermont, town of,

V, Ap., 126
Cliston, town of,...

V, Ap., 135
Clinton, description of county, V, Ap., 60
towns in,

V, Ap., 149
in 4th judicial district,

III,
in 16th senate district,

III,
in 16th congress district,

III, 11
members of assembly in,.

III,

7
preservation of game in,
Clinton state prison,..

insane convicts in,
money to discharged convicts,
books to be bought for,.,
salaries of officers, .

principal keeper for,.
Clinton, town of,

V, Ap., 104
Clymer, town of,

V, Ap., 219
Cobleskill, town of,.

V, Ap., 133
Cock-fighting, prohibited,
Cochecton, town of,

V, Ap., 116
Code of Procedure, remedies,

v,
by action,

2
by special proceeding, .

v,
actions of two kinds,

V,
civil and criminal.

V,
courts, and their jurisdiction, v,
court of appeals, .

V,
jurisdiction,

V,
power of court,

V,
terms of session,

III, 337
III, 343
III, 442
III, 540
V, 195
V, 200

Code of Procedure, continued :

Vol. Page,
quorum of judges,

V. 5
adjournments,

5
accommodations,

5
supreme court, circuits, and oyer
and terminer,

6
general terms,

6
quorum,

V,
number of circuits,.
of special terms,

6
of oyer and terminer, v, 6
terms, how appointed, ...

7
adjournments,

7
chamber business,

8
accommodations,

8
county courts,

8
their jurisdiction,

8
number of terms,.

10
how appointed,

V, 10
jurors for,...
local courts,

V, 10
.N. Y. superior court,

V, 11
its jurisdiction, ..

11
number of judges, .

V, 12
election of judges,

12
accommodations,

V, 14
N. Y. common pleas,

12
its jurisdiction,

12
terms of those courts,. V,

12
quorum of judges,

12
criers to be appointed, v, 12
accommodations,

V, 14
justices' courts,
jurisdiction,

V, 14, 134
title to land in question,.. V, 15
docketing their judgments, v, 17
rules of government,

V, 17
marine court in New York,... v, 19
jurisdiction,

V, 19
assistant justices in New York, v, 20
justices' courts of cities, v,

20
civil actions..

21
their form,..

21
time of commencing, .

v, 22
as to realty, .....

V, 23
adverse possession,
disability excluded, .

v, 25
other actions, ....

V, 26
when action is commenced, . V, 27
disabilities excluded, .

28
effect of death, ..

V, 28, 138
renewal by new promise, . V, 29
parties to civil actions,

V, 30
guardians,

V, 31, 138
joinder of parties,

V, 32
abatement,
bringing in parties,

V, 33
place of trial,

33
how changed,
manner of commencing actions, v, 35

summons and notice,.. V, 35
notice of lis pendens, , 36

process, how served, . v, 37
pleadings in civil actions,..

..... V, 40
the complaint,
the demurrer,

V, 41, 43
the answer,

V, 42
counterclaim,

43
the reply,

V, 44, 139
general rules of pleading,

V, 24

IV, 103
V, 188
V, 188
V, 188
V, 189
V, 189
V, 198

V, 32

V, 34

IV, 43

V, 40

V, 45

v, 48

V, 50
V, 51

V, 56

V, 59
V, 59

Code of Procedure, continued:

Vol. Page.
verification,. IV, 641, 691, v, 45
items of an account,.. V,

46
rule of construction,. .... V, 46
striking out,..

V, 46
joinder of actions,

V, 47, 139
admissions in,

V, 48
amendments,

V, 48, 144
variance, .
fictitious names,

v, 49
supplemental pleadings,
provisional remedies,
arrest and bail,...

V, 51, 139
proceedings against sheriff, v, 56

motion to vacate, ...
claim and delivery of property, v, 57

when concealed,

claimed by third party,
injunction,

V, 59
damages on,

V, 60
not against banks,

61
motion to vacate,.

Code of Procedure, continued :

Vol. Page
suits by the people,

93
against assignee.
on settlement,

V, 93

, 99

bond on, ..

v, 68
V, 68

V, 106

V, 61
attachment,

V, 61
perishable property, V,

63
intangible property,. V, 64

V, 65
discharge of,

V, 66
other provisional remedies, . V, 67
receivers,

V, 67
deposites,

V, 67
trial and judgment, .

on failure to answer,
on the answer, .

V, 44, 139
frivolous demurrer,.

V, 69
issues and mode of trial,.

V, 70
potice of trial,..

v, 71, 139
order of business, .

V, 71, 138
trial by jury,...
verdicts,

V, 72
now trials,

V, 74
trial by court,

V, 74
exceptions,

V, 75
trial by referees,

V, 76
appointment of referees, . V, 77

141
entering judgment,

V, 77
clerk to enter it,
judgment roll,

docketing,
execution of judgment,

V, 80
when to issue, .

V, 80
different kinds, .

V, 81
form of,....

V, 82
when returnable,..

V, 82
supplementary proceedings, . V, 83
when to be taken,

V, 83
examinations on,

V, 85, 141
decision on,

how enforced, v, 85, 87, 142
costs in civil actions, .
when allowed,

V, 87
rate of allowance, V, 89, 137, 142
extra allowance,

V, 90
interest on verdict,

V, 91
adjustment of,
clerks' fees,
referee's fees,

V, 91
of motions, .....

V, 92
on review,

V, 92
against executors, &c.,... V, 92

93
when may be set off,.

V, 106, 137
appeals in civil actions, .

y, 93
general provisions,
orders out of court,

,
how made,

94
return to,

V, 94, 142
what reviewed,
decision on,

94
time of appealing,
to court of appeals,..

v
in what cases,

V, 95
security on,..

V, 96, 142
stay of proceedings, V, 97
to the supreme court,

V, 98
in what cases,

1,93
security on,

F, 93
where heard,

V, 98
judgment on

F, 99
from single judge,

, 99
in what cases,

V, 99, 133
security on,
from justices' courts,

F, 100
to what courty.

V, 101, 143
time and manner of, .....

V, 101
staying proceedings, . V, 103, 143
return,

, 103
hearing,

V, 104, 143
judgment,

y, 104
costs of appeal, v, 106, 133, 143
restitution,
getting off costs,

V, 106
miscellaneous proceedings, .

V, 107
submitting a controversy,

7, 107
against joint parties, ..

F, 108
confession of judgment,
offer to compromise, .

7, 110
admission or inspection of writing,

F,
examination of parties, ... Y, 111, 143
examination of witnesses, v, 113, 144
motions and orders, ..

114
entitling affidavits, .

V, 116
computation of time, .

T, 116
notices, filing and serving papers,

V, 116
duties of 'sheriff's and coroners, v, 117
accountability of guardians, ... V, 118
powers of referees,

V, 113
papers lost, supplied,

V, 118
undertakings to be filed, . V, 118
publication of notices,.

V, 119
statutes and reports evidence, v, 119
actions in particular cases, . . .

T, 119
against foreign corporations, . . , 119
on judgments, .

T, 120
quo warranto,

1, 120
partition,...

V, 124
claims to real property,

V, 124
existing suits provided for,... V, 125, 129
general provisions, ..

F, 127
definitions,

V, 137
rule of construction,

V, 127
rules of practice, ....

V, 128
special proceedings, appeals in, V, 133
code extended to recognizances, IV, 499,

, 133

V, 72

V, 109

V, 79
V, 79
V, 79

V, 85

V, 87

V, 91
V, 91

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Statutes at Large of the State of New York: Comprising the Revised ..., Τόμος 5