New York Field Codes 1850-1865

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The Lawbook Exchange, Ltd., 1998 - 3634 σελίδες
NEW YORK FIELD CODES SERIES Volume I. The Code of Civil Procedure of the State of New-York (1850) Volume II. The Code of Criminal Procedure of the State of New York (1850) Volume III. The Civil Code of the State of New York (1865) Volume IV. The Penal Code of the State of New York (1865) Volume V. The Political Code of the State of New York (1860) ABOUT THE SERIES In 1847 the New York state legislature established two committees, one to "reduce into a written and systematic code the whole body of the law of this state," another to "revise, reform, simplify and abridge the rules and practice, pleadings, forms, and proceedings of the courts of record of this State." Both included David Dudley Field, a leading proponent of codification. These committees produced codes of civil and criminal procedure in 1850, a political code in 1860 and civil and penal codes in 1865. All of these were written for the most part by Field. Popularly known as the Field Codes, they were very influential, both in the United States and internationally. The magnitude of the results of his labors can scarcely be overestimated. It might not be universally conceded that he was the greatest of contemporary advocates or even jurists; but that he exerted a greater influence in modifying and simplifying the judicial systems of the United States and England than any other man of his time, will hardly be denied. The world over, wherever the prevailing jurisprudence has had its origin in the English common law, the form and manner of conducting litigations and transacting the business of the courts are due to the influence of David Dudley Field. David Dudley Field [1805-1894] was the leading American proponent of codification during the nineteenth century. Born in Haddam, Connecticut, he was the son of the Rev. David Dudley Field, a distinguished clergyman and author, and the brother of Cyrus Field, the financier who laid the first telegraph cable across the Atlantic Ocean, Stephen Field, chief justice of the California Supreme Court and associate justice of the U.S. Supreme Court, and Henry Field, a notable clergyman and popular travel author. A graduate of Williams College, he settled in New York City, where he studied law, was admitted to the bar and rapidly won a high position in his profession. Originally a Free-Soil Democrat, he played an important role in the establishment of the Republican Party in New York and supported the Lincoln administration throughout the Civil War. He returned to the Democratic Party in 1876 and served in the U.S. House of Representatives from January to March 1877, filling the unexpired term of Smith Ely, who had been elected mayor of New York City.
 

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Περιεχόμενα

Carriage in general
327
Freight consignor a what 330
330
ARTICLE V
336
Things stowed on deck 337
337
CAEEIAGE OF MESSAGES Section 1132 Obligations of carrier of messages 338
338
Starting 339
339
Compensation 340
340
Obligations to carry luggage MI
341

Defrauding an elector in his vote
24
Procuring illegal votes
25
Procuring name to be registered improperly
26
CHAPTER IV
27
The superior court of the city of NewYork
39
The court of common pleas of the city of
47
The courts of oyer and terminer
52
The courts of sessions
62
Clerk or sheriff to furnish copy panel without
63
Ownership absolute or qualified
66
CHAPTER XI
68
Other indictments may be sent to over
71
The justices courts of the cities of Albany Hudson and Troy
78
tice _
85
Courts not to be open on certain days except
89
Attempts to kill
96
Of judicial officers
97
Eobbery
98
Powers of county judge in cases of supreme
100
Means to be used by court or judicial officer
105
Definition of a trial jury
108
The qualifications and exemptions of jurors
110
Manner of returning the grand jury list and drawing and summoning the grand jury
113
of drawn grand jurors
114
Grand jury to be drawn from names depo sited How drawn for a city court
115
Misdescription of court not to invalidate order
116
W Manner of returning the trial jury list except
121
Modeof acting
126
ARTICLE X
135
Commissioners to take affidavits and the proof and acknowl
141
District attorneys
152
The clerks of the courts of justice in general
157
ARTICLE IV
163
supreme court to another
164
He is the chief executive officer and conserva
166
Proceedings in case of resistance to the execution
170
County jails the keeping of prisoners therein and the pro
172
Disturbing lawful meetings
175
Jail liberties and the admission of prisoners
181
cess to a new sheriff
187
What constitutes malice
190
Intent to destroy the building requisite
191
Coroners 192
192
Duties of coroners when the sheriff is a party
194
to the courts of justice
201
Notice of neglect
202
Duties of attorneys and counsellors
204
ARTICLE IV
210
By whom proceedings may be instituted
215
CHAPTER m
221
Guardians
222
Of the form of civil actions
225
Occupation under written instrument or judg
227
The time of commencing actions other than for the recovery
233
Provision where judgment has been reversed
237
Plaintiff may sue in one action the different
242
Powers of board
243
Associates may be sued by name of association
251
Proceedings when there are several defend
254
Of the pleadings
262
Number of ballots to be drawn to constitute
264
Counterclaim precludes another action for
266
CHAPTER VI
272
Section 1535 Party not appearing cannot recover costs
278
No error or defect to be regarded unless it af fect substantial rights
282
CHAPTER I
283
Claim and delivery of personal property
293
Injunction
298
Attachment
302
Eeceivers _
311
Deposite in court
312
CHAPTER IV
322
If juror be taken sick jury discharged
324
ARTICLE m
330
Provisions relating to trials in general
334
Judgment a lien from the time of docketing in the county only
340
CHAPTER I
347
CHAPTER II
362
TITLE X
368
Actions in particular cases
378
Undertaking when and witljwhom file d
379
Actions for the foreclosure of mortgages
384
Actions for waste nuisance trespass on Indian
386
Power of majority of partners
387
CHAPTER IV
390
Debts to be paid rateable in case of insolvency
409
Representation as to future
413
legatees heirs and devisees
416
Section 9S9 A cause of action for injury to person does not survive
417
Liable for deficiency only
426
Actions by and against certain public officers and public
432
county
435
Judgments against town officers how paid
436
The attorney general
437
Actions in justices courts
445
Pleadings and trial
459
What dealings with debtor exonerate guarantor
461
Judgment and execution
471
ARTICLE IV
480
TITLE XII
493
Appeals to the supreme court from an inferior court
501
Appeal to the court of common pleas of the city
504
TITLE XIII
512
Respondentia by master 514
514
Admission or inspection of writings
516
General provisions
523
prescribed in this code
529
Indorser when liable to payee
530
OF SPECIAL PROCEEDINGS
531
Of state writs
532
Its extent
535
If return defective how return ordered
537
CHAPTER IV
541
The writ of deliverance from imprisonment
545
officer
550
Contents of return
551
Person to be produced
552
If sheriff neglect warrant to issue to coroner
553
Party to be remanded in what cases
554
Legality of certain order and process not in quired into
555
Until judgment given party how kept
556
Return may be controverted
557
meanor
560
In case of danger that party will be carried off warrant to issue
561
For refusing a copy of order forfeiture of 200
562
Writ how served
563
Charges of bringing up prisoner may he or dered to be paid
564
CHAPTER VI
565
Of summary prodeedings
567
If answer made case to he put on calender
570
When part only is due and there is a surplus
578
CHAPTER IV
592
When married woman is party her husband
600
Liens on buildings
601
Liens on vessels
606
Liens on cargoes for wharfage
609
Liens on things doing damage upon real proper ty
610
General provisions
615
Of the punishment of contempts
617
Y Of assessments
624
CHAPTER II
630
Of the voluntary dissolution of corporations
633
Of proceedings in the courts of conciliation
641
Of arbitrations
647
awards
651
CHAPTER II
656
o CHAPTER III
664
Proceedings of insolvent to discharge himself from his debts
670
Of miscellaneous proceedings and general provisions
681
The collection and remission of fines and forfeitures
687
Several degrees of evidence specified
692
General divisions and arrangement
701
Of the general principles of evidence
702
tion
704
Contents of writing how proved
705
Construction of language relates to place where used
706
Of the kinds and degrees of evidence
713
ted States 544
718
Construction of statutes and instruments general rule 706
723
Writings
728
Public writings
729
ted
732
Oral evidence of a foreign record
733
Material objects presented to the senses other than writings
745
CHAPTER VI
754
Means of production
758
CHAPTER III
764
Evidence of publication what
766
Leading question defined
773
TITLE V
779
Of evidence in particular cases and miscellane
781
ARTICLE VI
vi
Assaults with intent to commit felony other than assaults
vii
617
xxxv
ries
1
Out of what criminal action arises 11
11
Definition of a civil action 12
12
The courts of justice in general 15
15
Civil and criminal remedies not merged in each
18
Section IOT Selling appointments to office 33
33
Police in cities and villages and their attendance at exposed
37
Organization and regulation of the police 44
43
PART III
52
Several ownership what 57
57
Court when held 61
61
Certain remainders valid 69
69
with intent to kill 101
101
Duels and challenges 102
102
Assault and battery 104
104
grand jury 116
116
Drawing how conducted H7 269 Panel to be delivered to sheriff 118
118
His election or appointment 142
142
Rout defined 176
176
Remaining present at place of riot c after warning to disperse 177
177
Resignations to whom made 204
204
Reversions
225
Remainders
226
limitations of chattels real
227
Suspension by trust
228
Contingent remainder in fee
229
Effect of a judgment upon rights in various cases 733
341
Execution after death of debtor 351
351
Return when and how made 380
375
failure 381
381
Order upon judgment of reversal 382
382
PART IV
383
Of search warrants 391400
391
Separate securities allowed 400
400
Sum in gross allowed for dower c 401
401
Unknown tenants in dower c 402
402
Dower how released 403
403
Report when confirmed 404
404
Of proceedings respecting persons held to labor or service in a state or territory of the United States and escaping into this State 410116
410
Of proceedings respecting bastards 416437
416
Of proceedings respectiag vagrants 438443
438
Judgments in actions under this chapter 443
443
Of proceedings respecting the support of poor persons 451456
451
Constable must make return 457
457
come in question 463
463
When title to land arises causes to be dis missed 464
464
In what cases adjournment allowed 465
465
Miscellaneous provisions 466
466
Length of adjournment and proof required 467
467
Proceedings when jury is demanded 468
468
Six jurors to be drawn for trial 469
469
Adjournment after jury summoned not al lowed unless fees are paid 470
470
Dockets to be delivered to successor in office 483
483
GENERAL DEFINITIONS AND DIVISIONS Page
xxxiv
of entry
l
Li
li
ARTICLE I
lxxx
Page
xciii
civil code
1
Two kinds of law 2
2
DIVISION FIRST PERSONS Past I Persons II Personal rights III Personal relations PART I
3
Persons of unsound mind 4
4
other 12
12
Certain marriages when to be deemed void 14
14
ARTICLE IL
22
Summary arrest therefor 28
28
ACQUISITION OF PROPERTY
51
Service howmade 53
53
Perpetual interest what 58
56
ARTICLE m
62
CHAPTER m
64
Eemainders future and contingent estates how created 71
68
Contingent remainder on a term of years 72
72
Effect of power of appointment 73
73
Reentry when and how to be made 74
74
By whom grantable 76
76
Extent of servitudes 77
77
T Powers
84
Jurors in general 108
108
Libel 109
109
Panel when and how returned 113
113
ARTICLE IV
129
Court may fine jurors for not attending 133
133
How removed from office 143
143
Sheriffs and their duties in general 165
165
Papers directed to prisoner by whom
178
Several heirs how to hold
184
to inquests 195
195
CHAPTER I
196
TITLE
201
Breach of official bond 205
205
Devices thereof gg
209
Section 722 Objections to mode of offer 214
214
Obligation extinguished by release 221
221
Possession when resumed Occupation deem
225
Power of court or judicial officer to adjourn
242
tion 245
245
Technical words 249
249
Interpretation in sense in which promisor believed promisee to rely 250
250
Inconsistent words rejected 251
251
Necessary incidents implied i 252
252
Time when of essence 253
253
Certain contracts unlawful 254
254
Restraints upon legal proceedings 255
255
Exception in favor of sale of good will 256
256
Summons how served and returned 257
257
PART III
263
When counterclaim may be set up 267
267
Arrest and bail _ 283
283
Cases in which defendant may be arrested 284
284
Order for arrest by whom made 285
285
Order when made and its form 286
286
Defendant to be discharged on bail or deposit 287
287
Bail how proceeded against 288
288
Delivery of undertaking to plaintifi and its ac ceptance or rejection by him 289
289
Degree of skill 294
293
TITLE V
300
TITLE VI
306
When employer must indemnify employee 307
307
ARTICLE III
308
Employee to conform to usage 310
310
101V Must use what skill he has 311
311
Preference to be given to employers 312
312
Judgment in general 313
313
Obligation to provide vehicles 342
342
Carriers lieD 343
343
Execution against the person in what cases and when 350
350
Persons arrested on execution to be imprisoned 352
352
When property is claimed by a third person sheriff may summon jury to try the claim 353
353
Manner of executing against property 354
354
Penalty for selling without notice 355
355
Certificate of sale of real property 356
356
Redemption may be by payment to purchaser 357
357
The evidence of the lien must be produced 358
358
CHAPTER
376
Ostensible authority 377
377
ARTICLE m
386
Manner of making partition 394
394
Tenants in dower c not affected 395
395
When part only is sold life estate 396
396
Notice to creditors to make proof 397
397
Proceeds of sale how applied 398
398
Proceeds when invested 405
405
Clerk to collect interest 406
406
Insane persons share 407
407
State may be party 408
408
ARTICLE VI
414
Marine insurance what 425
425
ARTICLE VI
431
When proper 432
432
ARTICLE VII
433
Average loss 434
434
Insurance against total loss 435
435
Abandonment maybe defeated 437
437
No other cause can be relied on 438
438
Accepted abandonment irrevocable 439
439
Partialloss 44
440
Injunction and receiver allowed 444
444
CHAPTER II
467
Section 1581? Ken how created
478
CHAPTER II
484
MORTGAGES IN GENERAL Page Section 1608 Mortgage what 486
485
Transfer of interest when deemed a mortgage 487
487
What interests may be mortgaged 488
488
Onwhatalien 4S9 1618 Against whom a mortgage is a lien 490
490
Waste 491
491
MORTGAGE OF PERSONAL PROPERTY
493
To be in writing 494
494
Lien of seller of real property 515
514
CHAPTER
520
ARTICLE IV
534
ARTICLE VI
543
MEASUEB OF DAMAGES
555
GENERAL PROVISIONS
563
Damages for breach of contract II Damages for wrongs III Penal damages IT General provisions ARTICLE I
568
Breach of agreement to pay for personal property sold 572
572
Breach of warranty of title to personal property 573
573
Breach of carriers obligation to receive goods c 574
574
Breach of warranty of authority 575
575
Wrongful occupation of real property 576
576
Summary proceedings for foreclosing mortgages on real pro
578
In paying debts the powers of administrators 661
661
Notice of justification New undertaking
689
GENERAL DEFINITIONS AND DIVISIONS 692
692
The intention of the legislature or parties 707
707
Effect of other judicial orders when conclu sive 734
734
What deemed adjuged in a judgment 735
735
Manner of impeaching a record 736
736
Mode of taking the testimony of witnesses 764
764
Special regulations respecting the port of New York
ix
ANALYSIS OF THE CONTENTS PRELIMINARY PROVISIONS Page
xxxii
Page
xliv
CHAPTER L
l
INSPECTORS OF STATE PRISONS Page
lxiii
TitleofCode 1
1
Who are capable of committing crimes 8
7
Morbid criminal propensity 10
10
TVhennot inferred 12
12
They are courts of record except that some
20
Misconduct of inspectors 29
22
Eights of persons lawfully interfering in elections declared 30
30
TITLE VI
31
Taking fees for services not rendered 33
33
TITLE II
35
OFCRIMES AGAINST PUBLIC JUSTICE
39
Perjury and subornation of perjury 46
46
CHAPTER II
69
SUICIDE Sectkmt 227 Suicide defined 79
79
Aiding suicide 80
80
Homicide defined 81
81
What proof of death is required 82
82
Design to effect death when inferred 83
83
Act eminently dangerous and evincing a depraved mind 84
84
Killing unborn quick child by injury to person of mother 85
85
Punishment of manslaughter in first degree 86
86
CHAPTER m
89
CHAPTER V
96
Who to be placed on jury list 124
124
Keeping bawdy house 136
136
Lottery defined 137
137
lottery 139
139
Mt Lottery offices 140
140
Advertising offers to insure lottery tickets 141
141
CHAPTER IX
142
Witness privilege 144
144
Keeping gambling establishments or letting places for gambling purposes 145
145
grounds without leave 164
164
Obstructing health officer in performance of his duty 165
165
Apothecary omitting to label drugs or labeling them wrongly 166
166
Apothecary selling poison without recording the sale 167
167
Eefusing to exhibit record 168
168
Omitting to mark name upon package of hay 169
169
Disposing of tainted food 170
170
Negligence in respect to fires 171
171
Engineer omitting to ring bell or sound whistle when locomotive crosses highway 172
172
Using net or weir unlawfully in Hudson river 173
173
Racing upon highways 174
174
process 179
179
Discharging firearms in public places 180
180
Political Code 182
182
Auctioneer accepting appointment as auctioneer in another state or selling in another state 183
183
What sales must be made by day 184
184
BT7RGLART AND HOUSEBREAKING
188
Burglary in first degree defined 194
193
Breaking into dwelling houses in the day time burglary in second degree 195
195
Breaking and entering dwelling when burglary in fourth degree 196
196
Vacancy in office of police commissioner 210
210
TUX Fraudulently fitting out and destroying ships and vessels 227
227
Attorneys forbidden to defend criminal prosecutions carried on by their partners or formerly by themselves 268
266
Fraudulently presenting bills or claims to public officers for payment 268
268
Intimidating laborers or employers 269
269
Publishing false messages c of federal or state executive 270
270
Acts made punishable by different provisions of this Code 272
271
Sending letter when deemed complete 274
274
Restriction upon the preceding sections 275
275
Attempts to conceal death of child how punished after conviction of former attempt 276
276
Foreign conviction for foreign offense 277
277
other bail 289
289
Justification and allowance of bail 290
290
Deposit of money with sheriff 291
291
Inspectors how chosen 302
301
When to enter upon their duties 302
302
Election of president 303
303
Visitation of prisons 304
304
And for the female department of the Sing Sing prison 305
305
They must furnish abstracts of returns made to them 306
306
S39 They must cause property of the state to be valued 307
307
Power of inspectors to administer oaths 308
308
Duties of individual inspectors 309
309
Inspectors can hold no other prison office or contract 310
310
Oathof office 314
314
Judgment upon failure to answer 315
315
CHAPTER m
317
Keeping gambling tables promoting prohibited games c pro
393
APPENDIX
iii
Imprisonment for life 278
xviii
hibited 145
lxvi
APPENDIX
lxix
APPENDIX C
xcix
General definitions
cxlviii
Officers cannot give evidence of debt 317
clxii
Liability of persons in charge of steamboatgr 86
clxv
CHAPTER I
i
ARTICLE IV
iv
ARTICLE V
v
ARTICLE IX
ix
Albany harbormaster
x
OBLIGATIONS ARISING EEOM PARTICULAR TEANSACTION3
xvi
ARTICLE I
xix
PACK
xxii
Cannot disaffirm contract for necessaries 5
5
Powers of persons whose incapacity has been adjudged 6
6
Judicial days
8
Classification of parties to crimes 13
13
Giving bribes to judges jurors referees c 39
39
PRELIMINARY PROVISIONS Section 1 Title of Code 50
49
PART I
51
Domicil how determined 52
52
Allegiance 53
53
Rights and duties of persons not electors 54
54
Other rights not affected by state of war 55
55
Impeachment not a bar to indictment 57
57
Cessions to the United States
69
Counties of the state 78
78
Liability of persons in charge of steam engines 87
87
Punishment of robbery committed by two or more persons 101
101
Section53 List of officers to be published lit
115
Penalty on grand jurors for nonattendance 119
119
ARTICLE II
123
Regents of the university 125
125
Their terms of office 126
126
Portwardens and officers of health of New York 127
127
Commissioners of excise 128
128
Courts of justice to be open every day
129
Expenses 132
132
Person acting as governor 133
133
Census 138
138
Duty of marshals 139
139
Duty of county clerks 140
140
Penalty for refusing to give information 141
141
General duties of the comptroller 142
142
Residence
145
Seizure of gambling implements authorized 146
146
Persuading another person to visit gambling places 147
147
ARTICLE VI
152
GENERAL PROVISIONS RESPECTING THE STATE ENGINEER AND SURVEYOR Section 127 General duties of the state engineer and surveyor ...
157
Arson defined 189
189
ARTICLE III
195
Punishment of burglary 197
197
Night time defined 198
198
Forgery of wills conveyances certificates of acknowledgment kc 199
199
Forgery of public and corporate seals 200
200
Making false entries in records of returns 201
201
What plato may be deemed an imitation of a genuine plate 202
202
Having possession of other forged instruments 203
203
ARTICLE VII
211
CHAPTER II
213
Removal or suspension of attorneys and counsellors 215
215
What waters are public ways 219
218
ARTICLE II
221
Steamers to carry signals at night 223
223
27S Rafts on the Hudson to show lights 224
224
Penalty 225
225
Regulation of speed on the Hudson river 226
226
Owners liable for masters and engineers penalties 227
227
edgment of deeds out of this state 241
241
Security 246
246
Masters to state draught of vessels 249
249
Fees by whom payable 250
250
Complaints against pilots and others 251
251
Witnesses 252
252
Further duty of secretary and clerks 253
253
Proceedings 255
255
Tariff of pilotage 256
256
Pilots to have preference in certain cases 257
257
Others than pilots not to act as such 258
258
Fees 263
263
Special wardens at quarantine 264
264
Qualifications of harbormasters 265
265
General powers 266
266
Payment and penalty for default 207
267
Duty of harbormaster respecting piers 268
268
Duty of harbormasters to enforce this regulation 269
269
Fees and penalties annual report 270
270
Ballast rubbish c 271
271
Protection of piers 272
272
Incumbrances removed 273
273
Storage at owners expense 274
274
Lighters 275
275
Duty of harbormasters and pilots 27G 386 Penalties 276
276
ARTICLE X
277
Sentence to state prison how to be limited 278
278
Fine may be added to imprisonment 279
279
Certain terms defined in the senses in which they are used in this Code 280
280
Official reports must be verified 318
318
CHAPTER V
372
Streams 377
377
Plankroads on turnpike roads 378
378
Quality of road 373
379
Erection of gates 380
380
Appeal 381
381
ARTICLE II
382
Penalties 385
385
Commutation 386
386
Penalties how recovered 387
387
389
389
The hearing on the application 390
390
FISHING AND HUNTING
399
Actions respecting corporations 409
409
The kind of corporation included 410
410
Injunction to restrain corporation 411
411
Who may make application 412
412
Other causes of action do survive 417
417
Representatives regarded as one person 418
418
Real property of deceased not affected by judgment against executors and cannot be sold thereon 419
419
Next of kin who have received distribution liable for debts 420
420
Legatees when liable for debts 421
421
Heirs and devisees liable for debts 422
422
Preference of debts 423
423
Poisoning fish 434
434
814 Neglect to comply
448
disposed of 453
453
Principal bound to reimburse his surety 471
471
CHAPTER II
477
Adjournment bond to appear 485
478
ARTICLE II
491
Delivery of books papers and funds to successor 493
493
Application of recovery MN 920 Chamberlain of the city of New York 494
494
Seal 497
497
Security to be approved and to justify 500
500
District attorneys 152
502
CHAPTER V
505
To be approved by judge or court below 506
506
TITLE IV
512
District attorney in each county how elected
530
ARTICLE II
532
The board 538
538
CHAPTER V
544
Judgment of discharge if imprisonment illegal 558
558
to be ordered unless answer be presented 576
576
Indemnity to party injured also required 622
622
Πνευματικά δικαιώματα

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Δημοφιλή αποσπάσματα

Σελίδα 249 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Σελίδα 239 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Σελίδα 250 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Σελίδα 243 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.

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