Графични страници
PDF файл

Executors: not.
when to be summoned to appear and

qualify, a, 72

proceedings thereon, n, 12

oath or affirmation, n, 72

power of, before letters granted,... n, 73
executor of oxecutor not to adminis-
ter, n, 73

to have no rights as such, n, 468

of their own wrong, liable as trespassers,

n, 468

to account, Ac., II, 82

complaint against executor, n, 73

duty and powers of surrogate thereon,

it 73

may prove will, and how, n, 59

citation to, when probate or will is

contested, n, 61

notice to, on revocation of probate, n. 62
foreign, entitled to administration on

estates of non-residents, n. 77

sale by one or more executors, under

will, when valid, n, 113

sales under will, how conducted, Ac, n, 113
actions of account by and against

them, Ii, 117

when may bind out minors, n, 161

estates vested in, to be held in joint

tenancy, I, 676

certain devises to, in trust, to be

deemed powers, I, 678

Executors and administrators,

one becoming incompetent others to

proceed, n, 79

all becoming so, new letters to issue, n, 80
acts of, when valid, though they are

afterwards removed, Ac., n, 80

duties of, in taking and returning in-
ventories, n, 83

their inventories how far evidence, II, 468
duties of, in paying debts, Ac., .... n, 88
in rendering account upon order of

surrogate, n, 94

proceedings on such account, n, 95

they may also institute proceedings for

final settlement of their accounts, ir. 98
commissions to be allowed to them, n, 95

when not allowed, u, 96

payment of debts and legacies when

to be decreed, H, 98

mode of payment, u, 99

when moneys may be retained, H, 99

order of distribution of Biirplus,... n, 99

advancements to children, n, 101

shares of minors, II, 101

surplus when to be paid into treasury,

n, 102

advance of parts of logacies and dis-
tributive shares, n, 102

when they may apply for order to sell

real estate, n, 104

petition therefor,.... „ n, 104

proceedings thereon, n, 104

order to show cause, n, 104

publication and service, n, 105

hearing, n, 105

issue when to be awarded, n, 106

debts established to be entered, ... n, 106
order of sale, or for lease, Ac., .... n, 106
bond when to be executed, n, 107

Executors and administrators: Msi

notice of sale, n, 103

time and place, n, 108

who not to purchase, n, 189

credit on sales, n, 169

when sale may be vacated, n, 109

when to be confirmed, n, 109

deed when to bo executed, n, 109

sales subject to incumbrances, .... n, 109
effect of sale on heirs and devisees, n, 110
proceeds, how accounted for, Acl,. . n, 110

notice of distribution, n, 111

proceedings thereon, n. 111

proceedings of creditors, to compel sale,

n, 112

penalty for illegal sales, n, 114

irregularity when not to affect validity

of purchase, n, 114

in former sales, how rectified,. n, 114
interest under contracts for land, when

to be sold, Ac., n. IIS

rights and liabilities of, certain promises

by, to be in writing, n, 117

when they may maintain actions of

trespass, it. 111

when liable to such actions, n, 118

judgments against heirs when to bar

suits against them, n, 118

when and how sued for legacies,.. n, US

or for distributive share, n, 113

when suits not to be abated, n, 119

payment of debts, Ac., may be decreed

by surrogate, n, 120

bond when to be sued, n, 120

executions against, n, 90, 120, 376

remedy of, for arrears of rent, t, 697

ib. for rent accruing to tenant for life, I, 697
when not to pay mortgages from as-
sets, i, 700

of joint-tenants and tenants in com-
mon, by and against, I, Wl

of fathers of bastards, when liable to

actions on order, I, 605

assessment of property held by them, I, 363
when they may become petitioning

creditors of insolvent, n, 17

when may assign indentures of ap-
prenticeship, n, 167

not to be held to bail, unless, Ac.,. n, 359

set-offs in suits by and against, n, 367

ib. in justices' courts, n, 252

suits by and against them, n, 466

certain actions for wrongs, D, 467

not to be held to bail, Ac., H, 467

executions against, when and for what

sums to be issued n, 90, 120

not to be against their bodies or

property, unless, Ac., n. 376

proceedings on appearance of one only,

n, 267

limitation of actions by and against
them, extended, n, 467

liability for false pleading abolished, u. 468

real estate of deceased not affected by
judgments against them, .". n, 468

subsequent executors, Ac. to have exe-
cutions on judgment of predecessors,

n, 468

their inventory, its effect as evidence,



suits against them by legatees, H, 4G'J

not liable for costs in suitB by them,
except, Ac, n, 639

judgment against, for costs, n, 641

Exemption from taxes, i, 360

from execution, II, 380

Exoneration of bail, proceedings for, ... U, 394

Expelled from legislature, i, 152

Expenses of legislature, i, 161

Expenditures, state, l, 188

Expitsing poison to cattle, n, 111

Exposing child to abandon it, Ac, n, 685

Extortion in taking fees unlawfully, n, 669, 718

attempt at, n, 112

Extra session of legislature, i, 163

Failure of title on judicial sales,.... n, 389
False heir producing with intent to defraud,

n, 696

False imprisonment by officers without legal

process, n, 114

actions for, within what time to be

brought, n, 307

False personating another, and marrying, n, 696

or becoming bail as such, n, 696

or confessing a judgment, n, 696

or acknowledging deeds, n, 696

or doing any act in suits, Ac., to injury

of another, n, 696

receiving property in false character,

to be deemed stealing, n, 696

indictment for marrying in false char-
acter how and when to be found, n, 696

producing false heir, n, 696

producing false child, II, 696

False pleading, liability of executors, Ac,

for, abolished, n, 468

False swearing, when perjury, n, 701

at elections, i. 145

False tokens and pretences, obtaining pro-
perty by, li, 697

obtaining signature to instrument by,

n, 697

Father, of pauper, bound to support him,

Ac I, 566

absconding, i, 567

of bus turd child, his liability, Ac, .. i, 566

[See Bastards.]

when to be guardian of infant, .... I, 666

when to inherit, Ij 702

when legacy to child, may be paid to,

II, 93

may dispose of custody of his minor

children, n, 156

consent of, to binding out of child, II, 160
[See Child, and Children.']
February twenty-second, discharging fire-
arms, on, Ac, i. 613

Fee simple, defined, Ac, I, 670

Fees of officers,

before legislative committee, i, 159

of secretary of state, t, 189

account thereof, i. 187

of comptroller, I, 189

account thereof, I, 187

of surveyor-general, I, 189

account thereof, I, 187

clerk of the court for the trial of im-
peachments n, 646

Fees of officers: Fao«.
ib. of court for correction of errors,. Ii, 646

masters' fees in chancery, n, 649

circuit judges for services as masters,

n, 651

for services as supreme court com-
missioners, n, 655

examiners in chancery, II, 651

register and assistant register,

n, 651

clerks in chancery, II, 653

sorgeants-at-arms in chancery, it, 653

counsellors in chancery, n, 653

solicitors in chancery, II, 654

supreme court commissioners, n, 655

first judges, in common pleas, II, 657

recorders in mayors' courts, n, 657

county judges for attending courts, n, 657
ib. for specific services, n, 655, 657, 658

commissioners of deeds, dec, II, 658

of justices of the peace in civil suits, n, 272

in other cases, Ii, 658

clerks of courts and of counties,... n, 659

register of deeds in New York, n, 659

clerks of cities or towns, ou certificates

t of marriage, n, 146

on proving a will, II, 60

in justices' courts, n, 273

commissioners to make partition, .. Ii, 662

ib. to admeasure dower, n, C62

referees, n, 662

jurors, H, 662

provisions for their daily pay,. II, 662

in New York, n, 662

in mayors' courts, n, 6G3

in special proceedings, Ac, ... js, 663

sheriffs in all cases, n, 663

on executions on justices' judg-
ments Ii, 274

coroners, II, 666

constables, in special proceedings, .. II, 666

in justices' courts, n, 273

notaries public, II, 660

canal commissioners, Ac, II, 667

printers publishing legal notices, .. n, 667

attorney-general, n, 668

of certain officers in service of habeas

corpus, n, 596

of persons not being officers, how as-
certained in such cases, n, 596

general provisions concerning, n, 669

when special provision is made for par-
ticular service n, 669

state officers may search gratuitously,

II, 669

term "folio" defined, Ii, 609

judicial officers not to receive fees in
certain cases, n, 285

officers, Ac. not to receive fees unless
allowed by law, n, 669

fees not to be charged unless services
performed, Ii, 670

same person not to charge fees in two
capacities, n, 670

remedy to recover fees wrongfully col-
lected on justices' judgment, .... n, 274

in criminal cases,

of justices of the peace, n, 775

of courts of special sessions,. n, 775
of constables, n, 775

Feci of officers, in criminal cam: rut

of criers in criminal courts, .. n, 776

of clerks of criminal courts,.. n, 776

of district attorneys, II, 776

to be verified by affidavit, n, 777
certain provisions not to apply to

New York II, 777

coroners', to be audited by super-
visors, n, 777

of sheriffs, n, 778

to be county charges, Ac., n, 778
foreign witnesses in criminal cases

to be paid, n, 778

poor witnesses, also, n, 778

definition of term, "folio,".... n, 778
prohibition against taking more

than legal fees, n. 778

Feigned issues on appeal from proof of will,

Ac., n, 66, 632

awarded by surrogate when debts are

contested, n, 106

on bill for divorce for adultery,.... n, 150

Feigned recoveries, n, 351

Felo del se assisting, manslaughter, .... n, 681

forfeitures in, abolished, n, 724

damages done by, how recovered,, n, 723

what offenses are, generally n, 726

treason, n, 676

murder, H, 676

arson in first degree, n, 676

in second degree, n, 686

in the third and fourth degree, H. GSti
manslaughter, in first, second, third and

fourth degrees, n, 680

rape, n, 682

carnally knowing woman by stu-

pifying her, Ac. n, 683

compelling woman to marry, Ac., n, 683
taking, with intent to compel to

marry, II, 683

taking female under 14 from father,

Ac, to prostitute, n, 683

maiming a person, D, 683

kidnapping, n, 684

accessory to, after fact, u, 684

selling colored person kidnapped,

n, 684

decoying child under 12 years,

Ac, n, 685

parents, Ac, abandoning child under

six years old, n, 685

assaulting with deadly weapons, with

intent, Ac, n, 685

giving poison with intent to kill, .. n, 686
poisoning food, springs, Ac, ..... u. 685
assaults to commit felonies, Ac, ... n, 685
burglary in first, second and third de-
grees, Ac, n, 688

forging of wills or deeds, n, 690

proof of them, Ac, II, 690

certificates of public securities, H, 690

evidence of debt by the people, II, 690

indorsement thereof, n, 691

public seals, Ac, u, 691

records of wills, Ac, n, 691

records of judgments, decreeB,

Ac, II, 691

returns to process, n, 691

entries in books of records, .. n, 691

Felonies: no.

officer falsely certifying deed,. n, 691
counterfeiting current coins,.... n, 6S1
coins of foreign country,. n, 692
making, Ac, plates like bank bills,

n, 692

having in possession with intent,
Ac, rx, 692

selling, Ac, counterfeit notes, with
intent, Ac, n, 692

process, pleadings, orders, Ac, n, 693

any instrument affecting pecuniary
interests, n, 693

false entries in books of public

accounts, Ac, n, 693

or in books of banks,.... n, 6S3

having counterfeit notes in pos-
session, with intent, Ac, n, 6S3

possessing other forged instru-
ments, with intent, Ac, n, 694

having in possession counterfeit
coins, Ac, n, 694

uttering forged instruments or
coins, n, 694

when punishment for, mitigated,

n, 694

making false instruments in one's

own name, n, 694

false personating another n, 696

receiving property in false charac-
ter, larceny, n, 696

producing pretended heir, n, 696

substituting one child for another,

n, 696

cheating by false pretences, Ac, n, 697
false token of bills of banks not

existing, n, 697

robbery in first degree and in second

n, 697

sending, Ac, threatening letters to ex-
tort property, n, 698

embezzlement by clerks, servants, Ac,

u, 698

receiving property embezzled, u, 699

carriers converting property entrusted

to them without breaking box, Ac, n, 699
grand larceny, stealing property worth

more than 25 dollars, n, 699

if committed in a dwelling house, ship

or vessel, u. 699

if committed in the night time from the

person, n, 699

severing from the soil and converting

property, larceny, n, 700

stealing records, papers filed, Ac,.. n, 700
fraudulently withdrawing public docu-
ments, n, 700

buying stolen property, n, 700

perjury, different punishment in diffe-
rent cases, n, 701

subornation of perjury, n, 70J

offering reward for perjury, n, 702

bribery of governor and other public

officers, n, 703

accepting bribe, B, 703

assisting in same, n, 704

compelled to testify n, 704

place of trial, n, 704

jurors, arbitrators, referees,



corrupting or attempting to corrupt

jurors, arbitrators or referees,... n, 704
conveying instruments into jails to aid

escapes, n, 705

aiding felons to escape from any

prison, n, 705

forcibly rescuing any prisoner, .... n, 70S
aiding prisoners not felons to escape, n, 706
aiding escape of prisoner from officers,

n, 706

breaking, Ac, from state prison,... n, 707

or from county jail, n, 707

attempting by force to escape from

state prison, n, 707

fighting duel, n, 708

challenging to duel; accepting chal-
lenge, n, 708

seconds, Sc., present at duel, n, 708

assisting to a duel, n, 708

bigamy and polygamy, n, 709

single person marrying wife, Ac, of

another, n, 710

incest, n, 710

removing dead bodies from grave with

intent, Ac, n, 710

purchasing, 4c, bodies so removed, n, 710
opening grave to remove body, Ac., a, 710

or to steal coffin, Ac., n, 710

giving or exposing poison to cattle, n, 711
taking reward to abstain from prose-
cuting felonies, n, 711

crime against nature, n, 711

Female convicts, n, 809

Female/ may not be arrested, n, 446

Fences, removal of, on open road I, 480

division, I, 326

[See Division fences.']
encroaching on highways, order to re-
move, Ac., I, 482

forfeiture for disobeying order, I, 482

proceedings, if encroachment be denied,

I, 482

regular, consequence of neglect to

keep, I, 326

sufficiency of, rule of evidence as to, I, 328
Fence viewers, assessors and commissioners

of highways to be, I, 313

their powers, Ac, in regard to strays, I, 324

to division and other fences, I, 326

to floating timber, I, 651

to damages done by dogs, I, 666

Feoffment, conveyance by, abolished, I, 689

Ferries, regulation of, I, 486

Ferry at Westchester,: I, 333

Feudal tenures, abolished, I, 666

certain rights, Ac, not to be affected, i, 666

Figures, n, 286

Fines to be reasonable and not excessive, I, 85
in justices' court, on witnesses for not

attending, n, 257

ib. defaulting jurors, n, 261

proceedings to impose, on jurors not

personally notified, n, 505

imposed by courts, proceeding to col-
lect, n, 605

where to be paid; how accounted for,

n, 508

where to be paid when imposed by

mayor's courts, n, 508

Fines: Mob.
power of common pleas to remit,.. n, 608

proceedings for that purpose, H, 609

costs of collecting to be paid, n, 609

remitting those imposed by special ses-
sions, Ac, n, 609

on sheriffs and constables for not exe-
cuting process in special proceedings,

Ac, H, 671

extent of, for misconduct in nature of

contempt, n, 557

in proceedings by mandamus, may be
imposed ou officers, Ac neglecting,

U, 608

extent of, for misdemeanors, II, 719

[See Misdemeanors.]

not exceeding $200 may be imposed
on convictions for felonies and other
offences, n, 723

imposed by special sessions, how ap-
plied when collected, II, 741

suit for neglect to pay over fines,.. n, 741

on sheriffs, Ac, not executing process
in special proceedings, n, 671

on constables for similar neglect,.. II, 671

on sheriffs and constables for not at-
tending juries in such proceedings,

n, 672

proceedings to collect such fines,.. n, 672
Fines and common recoveries, abolished,. II, 364
Firemen to be discharged from juries,.. n, 432

Firing of woods, I, 650

First judge of county courts, I, 87

[See County courts.]

of N. Y. com. pleas, \ 87, 96

Fiscal concerns of state, I, 170

Fishing and Fisheries,

use of cocolus indicus prohibited,... I, 640
salmon not to be taken at certain times, I, 641
fish not to be taken at certain times on

Sunday, I, 641

drift nets in certain waters, I. 641

at Saratoga or Fort Miller falls, I, 641

spearing pike prohibited, I, 641

hoop nets, Ac, may be used in parts of

HudBon river, I, 641

Staten Island excepted from preceding,

I, 642

may be regulated by order of court of

common pleas, i, 642

executions for penalties, under laws

relative to, n, 268

Flatbush, part of school moneys to be paid

to academy of Erasmus Hall, I, 454

Floating timber, I, 651

Flour inspectors, I, 89

Flushing, provision as to certain school

moneys of, I, 466

Folio, to consist of 100 words, n, 669, 778

Forced loans, Ac, prohibited, I, 83

Forcible entries and detainers, n, 349, 623

complaint how made, Ac, n, 623

jury of inquiry; inquisitions, H, 624

traverse of inquisition, n, 524

ib. by landlord of tenant, u, 624

trial and evidence thereon, II, 624

judgment; restitution, n, 625

certiorari to remove proceedings,.. n, 526
power of criminal courts to award res-
titution, n, 627

Forcible entries. Sec.: rxa*.
officers authorized to execute this title,

II, 526

Foreclosure of mortgagee, in equity, n, 195, 198

by advertisement, II, 561

ib. of Btate mortgages, I, 211

[See Mortgages.}
Foreigners, being minors, may bind them-
selves to service, Ac., n, 162

Foreign corporations, suits by them,.... n, 471

suits against them, II, 479

[See Corporations, foreign.']
Foreign criminals, may be delivered over by

governor, I, 163

proceedings therefor, I, 163

Foreign wills, •. n, 68

jury how obtained, n, 427

Foreman of grand jury, when he may ad-
minister oaths, Ii, 747

Forfeited estates, how recovered, Ac.,.... I, 266
Forfeiture of precedent estates not to affect

expectant estates, I, 674

of tenant's estate not to be produced
by his conveyance of greater estate, i, 690

of dower, to., % 692

of corporate powers, I, 557

of property to this state, Ac, how en-
forced by information, n, 607

on convictions of felony abolished,. n, 724

Forfeitures and penalties, actions for, U, 502

[See Penalties and forfeitures.]
Forgery and counterfeiting,

in first degree, n, 690

of wills, deeds, certificates of proof

of deeds or wills, n, 690

public securities, scrip in public

stock, D, 690

assignments of securities or scrip,

II, 691

in the second degree, n, 691

public seals, or of courts, or corpo-
rations, Ac, II, 691

altering records of wills, deeds,
judgments, returns, u, 691

entries in books of record, Ii, 691

false certificates by officers, of
proof of deeds, u, 691

counterfeiting current coins,.. n, 691

making, Ac., false plates of bank
bills, n, 692

having impressions from such
plates, '. H, 692

passing counterfeit notes, Ac,. Ii, 692

offering or receiving for sale, ex-
change, Ac, Ii, 692

having notes of banks in posses-
sion with intent to pass, Ii, 694

counterfeiting coin of foreign coun-
try to export, Ii, 692

in the third degree, , H, 693

process, pleadings, orders, Ac, Ii, 693

instruments affecting property of
another, Ac, n, 693

false entries in books of public ac-
counts, Ii, 693

ib. in books of moneyod corpora-
tions, Ii, 693

in the fourth degree, n, 694

having in possession certain coun-
terfeits with intent to pass,. n, 694

Forgery, dec, in the fourth degree: rta.
or counterfeit coin, with like in-
tent, n, 694

uttering to be punished same as

forgery, a, 694

except when counterfeit received

in good faith, Ac, n, 694

false instruments in one's own

name, n, 694

punishm'nt for different degrees, n, 695
total erasure, Ac, to be deemed

forgery, n, 695

joining parts of several instru-
ments, n, 695

what papers and signatures to be

deemed writings, n, 695

intent to defraud in. against whom

it may be, n, 695

signatures of pretended officers of

corporations, n, 695

counterfeiting lottery tickets,.. I, 624
Former acquittal, when a bar to further

prosecution, li, 721

on indictment for offenses of different

degrees, n, 721

when not a bar, n, 721

sending challenge out of the state,. u, 709

fighting duel out of the state, n, 709

for stealing property out of the state, n, 721

Fort Ann, bounty moneys in, I, 334

Fort Miller falls, fishing at, L. 648

Fractions to be rejected, Ac, I, 564

Franklin, county of, named, I. 80

to have one member of assembly,., t, 150

supervisors of, when to meet, I, 339

towns in, may allow certain bounties, t, 333
Fraud, marriages obtained by, may be dis-
solved, n, 147

in confessing judgments relieved ag'nst

in chancery, n, 181

in making conveyances, n, 138, 713

in putting such conveyances in use, n, 713
by insolvent debtors applying for dis-
charge, Ac, n, 24, 36, 713

bills to relieve against, to be filed in six
years after the discovery thereof, n, 307

limited partners guilty of, I, 719

Fraudulent conveyances arid contracts,

relative to lands, n. 138

conveyances with intent to defraud pur-
chasers, how far void, n, 138

conveyances with power of revocation,

n, 138

writing when necessary to convey in-
terest in lands, n, 139

seal when necessary, I, 689

other requisites, I, 689

contracts to sell or lease land, to be in

writing, Ac, n, 139

grant to one, on consideration paid by

another, I, 677

[See Uses and trusts.]
relative to goods, chattels and things in

action, n, 140

deeds of gift, Ac, void as to credi-
tors, n, 140

certain agreements to be in writing,

n, 140

requisites to validity of contracts,

n, 140

« ПредишнаНапред »