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Special partnerships I. 114

Specific performance of agreements by com-
mittee of idiots, Ac., n, 66

by infant heirs, Ac., D, 202

Speecli, freedom of, I, 85, 152

Spirits, distilled, inspectors of, t, 91

Shvjes, public, regulation of, I, 648

State, boundaries of, I, 16

territorial jurisdiction of, I, 76, 79

inhabitants of, their rights, I, 82

debts to, embraced by laws relative

to insolvent debtors, u, 40

and by statute of limitations, n, 304

liable to pay costs, II, 573, 642

State constitution, I, 37

index to, . > I, 29

former, -ippendix, I,

first, appendix, I,

State Itall, I, 214

certain offices to be kept in, t, 187

State library,

laws of other states to be deposited

in, I, 164

regulations concerning, I, 215

librarian how appointed, I, 216

his salary, i. 190

contingent expenses of library, .... I, 216

State sovereignty, I, 79

State canvassers I, 118, 120, 137, 142

.SVeite canvass, how conducted, I, 137

State paper, to be published by state printer,

I, 183

laws to be published therein, I, 183

when read in evidence therefrom, .. I, 183
State pier at Sagg Harbor, receiver of

profits at, I, 91, 106

to give bond, Ac., I, 215

State printer, I, 86

State prisons, declared, n, 785

in whose care, I, 215

expenses of supporting, a charge on

general fund, I, ft2

inspectors of, how appointed, Ac,.. n, 785
general powers and duties of inspectors,

Ac^ I, 215. II, 786

officers to each prison, n, 789

agents when to act as wardons, ... II, 795

their duties, rj, 790

warden, when to act as agent, n, 789

his duties n, 794

separate cellB in, n, 790

keepers of, their duties, H, 797

matron's duties II, 797

instructors in, their duty, II, 798

physicians in, their duty n, 798

store keepers in, their duty n, 800

reports to be distributed, I, 168

labor of convicts and contracts for, n, 803

supplies for the prisons, n, 807

clerks of, II, 795

chaplains, n, 797

guards at, D, 799

contracts for labor of convicts, n, 991

contracts for provisions for support, n, 791
prisoners pardoned or discharged, to

be reported to secretary of state, n, 796
clothes and money to be given to dis-
charged convicts, II, 792

compensation of officers in, .. n, 800, 802

Stale prisons: Page.
imprisonment in,

when courts may order, for life, n, 723

effect of, n, 724

effect of pardons, n, 145

not to be less than two years,. n, 723

effect of, for less than life, n, 724

prisoners in, under protection of

law, n, 724

regulations concerning discipline of

prisoners n, 811

moles to be sent to different

prisons, n, 608

females to Sing Sing, n, 809

certificates of conviction with each

one, n, 809

. agents to pay for transportation, n, 809
removal from one prison to another,

n, 809

minor convicts, how disposed of, n, 809
cases of fire and pestilence,... n, 810

insane convicts, n, 810

inquests in case of death, .... II, 811
convicts to be kept at hard labor,

n, 811

punishment of, n, 812

escape of, n, 812, 820

general provisions, n, 813

moneys in agents'hands,. n, 813, 818

military companies, it. 814

fire company at Auburn, n, 81C

bodies of convicts dying in prison,

n, 816

children born in female prison, n, 816
Clinton prison, special provisions,

it, 817

TJ. S. prisoners to be received, n, 819
officers exempt from military and

jury duty, n, 819

females not to be whipped, ... n, 819
convicts when witnesses, n, 819, 820
liquors not to be brought into,. B, 819

visitation of prisons, n, 821

breaking and escaping from, or attempt-
ing escape from, by force, n, 705

State printer, how appointed, Ac.,... I, 86, 95

his general duties, Ac. I, 183

compensation of, a charge on general

fund, I, 192

State reporter, how appointed, Ac. i, 98

State seals, I, 163, 169

Stolen Island,

obstruction in navigable waters at, . i, 639

fishing at, I, 648

Statutes, enactment and promulgation of, I, 154

when to take effect, I, 156

original to be preserved, I, 166

how published, I, 183

and distributed, I, 167

actions upon, when to be brought,. n, 307

pleading therein, ii, 365, 502

violation of, misdemeanor, II, 719

of other states, received by governor,

how disposed of, I, 164

of England and Great Britain, not in

force, i, 72

nor of the late colony of New

York I, 72

revised, net concerning, x, 69

see also general repealing act, . I, 71

Statutes: rxax.
repealed, in consequence of revision of,

I, 72

Staves and heading, inspectors-general of,

how appointed Ac, I, 90, 105

cullers of, how appointed, Ac, . I, 90, 105
Stealing property, when grand larceny,. n, G99

written instruments II, TOO

lottery tickets, II, 700

records, papers filed, Ac, n, 700

by officers having custody of them,

n, 700

■when petit larceny, n, 712

in another state and bringing here, n, 721
Steamboats, provisions concerning the navi-
gation of, I, 636

negligently, Ac, bursting boiler of, n, 717

death produced by n, 081

Steuben, county of, named, I, 80

to have two members of assembly,. I, 151
supervisors of, where and when to

meet, t, 339

Stockholders in corporations, their rights,

liabilities, Ac., I, 552, 557

how compelled to pay in amount due

on their stock n, 486

[See Corporations.]
Stock-jobbing, regulations concerning, ... i, 659
Stolen property, when and how to be re-
stored to owner n, 772

buying same, n, 700

if not claimed, to be delivered to county

superintendents of poor, n, 772

Strays, how disposed of, I, 324

Streams taken for canals, I, 225

Struck jury It, 435

Submission to arbitration, how made, Ac, u, 559
[See Arbitrations.]

revoking, action for, damages, n, 664

Subordinate officers, how appointed, Ac,. I, 107

Subornation of perjury n, 702

attempt at, n, 702

at elections, i, 145

Subpamas,

to appear and testify, what courts may

issue them, n, 287

mode of serving II, 416

may be issued by judge, in case of
absconding and insolvent debtor,

n, 38

by surrogates, n, 69, 231

by justices of the peace,. n, 257
in criminal cases, to be issued by dis-
trict attorneys, II, 763

for defendants, to be issued by

clerks gratuitously, II, 753

Substituting child for another to deceive, II, 696

Suffrage, to be free, I, 85

Suffolk, county of, named, I, 80

to have two members of assembly,. i, 150
supervisors of, where and when to

meet, I, 339

clerk of, may establish offices, Ac,.. I, 349'

inspector of sole leather in, I, 90

wreck-masters in, I, 9L

overseers of highways in, j, 333

clerk's office in, if 348

Suggestions upon tlie record, practice respect'

ing, regulated, II, 574

issues of fact upon, how tried,.... n, 674

Suits. [See Actions.] Paoe.
Suing in name of another without consent,

It, 571

Sullivan, county of, named, I, 80

to have one member of assembly, .. I, 150
supervisors of, where and when to

meet, I, 339

certain leases in, need not be recorded,

I, 715

Summary proceedings to recover,

possession of lands, n, 523, 527

Summons in justices' court, II, 243

in waste, n, 344

against corporations n, 358, 477, 605

for witnesses, I, 158, n, 417

Summons and severance abolished, H,. 339,616

Sunday, certain process not *» be served

on, I, 628

sports, traveling and labor prohibited,

I, 628

goods not to be sold on, I, 629

nor liquor, I, 629

penalties and exceptions applicable to

these prohibitions, I, 629

mode of enforcing, Ac., I, 630

courts not to be open on, H, 286

Superintendent of common schools, I, 104, 413,

417

[See Common schools.]
Superintendents of canal repairs, how ap-
pointed, Ac. I, 89, 104

[See Canah.]
of salt springs, how appointed, Ac.,

I, 89, 105

of Onondaga Indians, I, 90, 105

of Brothertown Indians, I, 90, 105

of t/te poor, county I, 569

actions by and against, II, 494

[See County superintendents of the
poor, Supervisors of counties.]
Superior court of New York, judges of, how

appointed, Ac, I, 88, 96

• oath, Ac I, U0

their powers, n, 292

Supersedeas of civil officers, notice thereof,

how given, I, 108

Supervisor, how chosen, Ac, I, 316

penalty for refusing to serve, I, 319

oath of office, Ac, I, 318

vacancy in office, how supplied,.... J, 321

his general duties, I, 322

his compensation for attending board

of supervisors, I, 341

when to cause surveys to bo made of

lands of non-residents, I, 365

duty at elections. I, 133

one of the board of town auditors,. I, 328

one of the commissioners of excise,. I, 631

duties as such, I, 631

to attend to suits in which town is in-
terested, I, 330

actions by and against, II, 494

judgment against, how collected, .. II, 495

when to be paid by supervisor, II, 495
executions not to issue, except for

costs, II, 495

provision in respect to surplus received

from property sold for taxes, .... I, 371

n, 676

duties under highway law, I, 470

Supervisor: na*.

duties under poor law, I, 618

in case of lire iu woods. I, 650

in ease of damages by dogs,... I, 668

tinder school law, I, 421

not to be appointed commissioner of

deeds, I, 100

nor county treasurer I, 104

Supervisors, board of, where and when to

meet in the several counties, I, 338

their general powers aud duties, ... I, 337
chairman of board to bo appointed,. I, 340

may administer oaths, 1, 340

to sign certain certificates of ap-
pointment, I, 108

duty under election law, I, 121

clerk to be appointed, I, 340

his compensation, I, 340

his duties, I, 340, 684

neglect of duty, I, 341

powers and duties of board in relation
to the appointment of commissioners

of deeds, I, 98, 108

of county treasurers, I, 105

of sealers of weights and meas., I, 105

, of loan officers. I, 105

of county superintendents of poor,

1, 569

the equalization of assessments and
correction of assessment rolls, I, 366, 380

other duties under tax law, I, 379

the distribution of tho common school

fund, I, 413

assessment and collection of highway

tax, I, 470

damages for opening of roads, I, 474

the erection of county poor houses,
and tho making the poor a county

charge, r, 570

the support of the poor generally,.. I, 678
the payment of damages by dogs,.. I, 656

actions by and against, II, 494

mode of suing, holding to bail, II, 495
remedies against successors, .. II, 496
abatement of suit by vacancy,.. H, 496
omitting to name all in declara-
tion, II, 496

judgments against, how collect-
ed, n, 496

when to bo paid by county

treasurer, II, 497

executions not to issue, except for

costs II, 497

may provide daily pay for jurors, II, 6C2
to return lists of grand jurors, II, 743
Supreme court, officers of,

chief justice and justices, how appointed,

Ac, I, 87, 96

may bo removed, I, 96

can hold no other office I, 96

oath of office I, 109

may administer, I, 109

resignation of, I, 111

their salaries, I, 190

not to receivo foes, n, 290

general provisions applicable to, n, 286

289

clerics of. how appointed, Ac I, 87

clerk in New York, to be clerk of
sittings and circuits, II, 216

, Supreme court, clerks of: ram.

offices, when to be kept open,. n, 295
duties iu filing and docketing of

judgments. ... n, 373

to enter transcripts of equity de-
crees, II, 189

to procureund enter transcripts of
judgments entered within this
state, in United States courts. II, 578
to furnish copies of papers to stale

officers, gratis, n, 669

their fees, n, 658

commissioners, how appointed, Ac.,.. I, 87

97

their powers, n, 290

fees of, II, 658

criers, how appointed, Ac, I, 87

reporter, how appointed, Ac,... I, 87, 98

salary, I, 190

jurisdiction, mode of proceeding, <tc,

general powers, n, 204

teste and return of process, .. n, 205
287, 576
adjournment on non-attendance of

judges, Ac n, 205

seals of the court, it, 206, 287

removal of papers, n, 207

general provisions applicable to,

II, 2S6. 289

power to amend practice, n, 209

to compel the production of

books and papers, It 207

to revise rules of court, Ac, n, 209
powers in relation to election of
directors in moneyed corpora-
tions I. 555

appeals to, from admeasurement
of dower and proceedings there-
on, II, 513, 634

powers in cases of proceedings against

absconding debtors, II, 14, 625

over trustees and assignees of in-
solvent and other debtors, .. n, 50
in relation to custody of minor chil-
dren, when parents live sepa-
rate, II, 154

power and proceedings, in special ac-
tions, to compel determination of

claims to land, n, 321

on petitions for partition, II, 326

in causes removed from inferior

courts, II, 404

in criminal eases, II, 760

in ordering of special juries,.. II, 4M5

on bills of exceptions, n, 440

in suits by attachment against for-
eign corporations, n, 477

elections in corporations, t, 560

in suits of official bonds on sheriffs,

surrogates and otherofficers, II, 493
in actions of scire facias to annul

letters patent n, 599

or to vacate acts of incorporation,

n, 600

on informations in the nature of a
quo warranto, II, 602

on writs of certiorari and of er-
ror in certain cases, n, 624

ib. in other criminal eases,.... II, 765

in cases of outlawry in treason, II, 7 G9

Supreme court, &c: Paok.
power to punish, as for contempts, for
tho purpose of enforcing civil reme-
dies, Ac., II, 552

to issue commissions to take de-
positions on motions, n, 675

to allow writs of habeas corpus,

n, 580, 583
and of mandamus and prohibi-
tion, II, 608

reversal of judgments of supreme
court, when not to affect certain

acts previously done u, 624

costs on actions in, •... n, 636

fees of officers in, u, 655

powers of justices out of court,

to compel delivery of books and
papers by public officers to suc-
cessors, 'I, 114

to administer oaths to public offi-
cers, I, 109

to take proof and acknowledgment

of deeds, I, 107

to discharge administrator from

custody in certain case, II, 88

to make order as to production of

books and papers, n, 207

to hold circuit courts, II, 212

and sittings in New York, U, 213
and to preside in cases of oyer

and terminer, II, 213

to sign records A tax costs, Ac, n, 292

to tako affidavits n, 294

to allow writs of habeas corpus

and certiorari, n, 580, 583

writs of habeas corpus for child-
ren detained by Shakers,.. n, 166
Supreme court commissioners, how appoint-
ed, Ac, I, 87, 97

their oaths of office, I, 109

their general powers, II, 289

limitations of their powers, II, 290

their authority to tako proof and ac-
knowledgment of deeds, I, 707

to sign records and tax costs, u, 292

to take affidavits, U, 294

to make orders to stay waste of land

sold under execution, n, 347

Sureties of the peace, when and by whom

may be required II, 727

Sureties to official bonds, I, 111

Surgery and physic, regulations concerning

practice of. j, 398

[Sco Peace, sureties of]

Surplus on tax sales, n, 576

Surplus waters from canals, sale of. Ac, .. I, 230
powers of canal board concerning,.. I, 231
Surrender of precedent estate not to affect

expectant estate, I, 674

of leases, I, 695

by bail, II, 395

Surrogates, how appointed, 4c., I, 83, 97

whereto reside, i I, 92

oatli of office, I, 109

to give bonds, I, 354

thoir powers,.. n, 58, 60, 71, 74, 121, 229
their authority in proof of wills of real

estate, li, 58

ib. of personal property, n, 60

appeal from, to circuit judge,.. u, 66, 631

Surrogates: Pack.
their authority in granting of letters

testamentary, n, 70

ib. lettars of administration, n, 74

ib. compelling return of inventory, n, 87

ib. revoking letters n, 87

ib. directing payment of legacies, n, 94, 120
ib. compelling and sottling accounts by

executors and administrators,... n, 94
ib. decreeing distributions, Ac,.. H, 98, 120

ib. sale, Ac. of real estate, n, 102

not to act whore interested, Ac,.... n, 80
to reduce testimony to writing,.... II, 82

to record wills, II, 82

when to send copy to secretary of

state, n, 82

duty of surrogate of New York, as to
public administrator of that city n, 121

ib. in other counties, n, 132

powers of, in appointment of guar-
dians for minors. ■.. n, 156

in compelling and settling their

accounts, Ac, n, 158

in their removal, n, 158

appeals from orders respecting guar-
dians Ac, It, 158, 632

appeals in other cases to chancellor,

n, 97, 633
their authority in admeasuring dow-
er, II, 510

appeal to tho supreme court, ... n, 634

actions upon their bonds, II, 501

duties in respect to wills deposited for

safe keeping, n, 421

surrogates' courU,

their jurisdiction, n, 62, 74, 121, 229

when open n, 230

seals of, II, 230

special powers of, It, 230

books and indexes, n, 231

sheriff, Ac, to obey process of, n, 232

costs in II, 232

successor to complete business, n, 232
not to be council, Ac, in certain

cases, It, 232

general provisions applicable to, n, 284
Survey of land, order for, in suits relating

to land, II, 252

of unappropriated lands I, 198

for new county, I, 81

for new town r, 82

of town lands, I, 322

Serveijor-general, how appointed, Ac, I, 86, 95

liis oath of office I, 109

resignation of, I, 111

salary, I, 190

clerk hire, I, 191

office whero kept, I, 187

}iia general powers and duties, I, 182

fees of office I, 189

to be accounted for, I, 187

contingent expenses, I, 191

maps by, I, 199

duty as to unappropriated land,.... I, 202

a commissioner of land office, I, 103

powers and duties as such, I, 197

a commissioner of the canal fund, I, 104
powers and duties as such,.... I, 193

may administer certain oaths, I, 185

powers in respect to certain claims, i, 185

8un<eyor-jencral: Txoz.

with comptroller and secretary to havo
charge of state hall, I, 214

may search public offices and require

copies, Ac. gratis, u> 669

Surveyors, their fees, H, 662

Swamps, proceedings for draining, u, 668

Swearing, profane, I, 626

false at elections, I, 145

falsely, when perjury, U, 425

Table of References. i. i

Tare of butter firkins, I, 531

Tales, jurors, n, 437

Taverns, licenses to keep, how granted, . I, 630

sum to be paid therefor, I, 631

licenses, how signed, Ac I, 632

how long to continue in force, I, 632

when and how revoked, I, 635

bonds to be given, I, 632

where filed, I, 634

prosecution thereon I, 634

keepers of, to provide certain articles, I, 632

to keep a sign I, 632

such sign not to be put up by per-
sons not licensed, I, 633

not to trust certain persons above

$1.25 I, 633

securities for such debts, void,. I, 633
not to sell liquor to minors, .tc, I, 634
nor to receive property in

pledge from them, I, 634

justices of the peace becoming
keepers of taverns, not to act,

except. Ac, II, 241

[Sco Excise.]

Taxation of costs, II, 292

Taxes, how to be levied, 1, 83

not affected by insolvent's dischargo,
nor by proceedings against abscond-
ing debtors, Ac, H, 40

when to be paid by executors, Ac,. II, 89

assessment and collection of, I, 360

property liablo to, I, 360

land sold by state I, 210

what exempt from, .. I, 360, 379, 583
place where assessment is to be

made I, 361

real estate I, 361

how, if divided by town line,.. I, 362

personal estato, I, 362

property of corporations, . I, 362, 374
assessment, how to be made,.. I, 363

assessment districts, I, 363

assessment roll, I, 365

assessment of trustees, Ac,... I, 363

ib. land of non-residents, I, 364

survey thereof, I, 364

rate of valuation, I, 365

in case of land sold by state, I, 207
notice of completion of roll,... I, 365

inspection of roll, 1, 365

meeting of assessors to review

roll, Ac, I, 365

correction thereof, I, 365

affidavit by agent, I, 379

certificate to roll, I, 366

roll to bo delivered to supervi-
sors, I, 366

penalties on delinquent assessors, I, 366

Taxes, assessment and collection of: riot.
names of assessors to be return-
ed, I, 379

equalization and correction of

rolls, i, 366

duty of board of supervisors,.. 1, 367
to deliver corrected roll to col-
lectors, I, 367

warrant to be annexed, I, 367

account to be delivered to county

treasurer, I, 363

collection of taxes, j, 369

proceedings on refusal to pay, . I, 369

levy on property, I, 370

sale of property distrained, I, 370

surplus arising from sale, how to

be disposed of, I, 370, n, 576

action for such surplus, .. n, 676
collector to pay over moneys,.. I, 370
his duties as to unpaid taxes,

I, 371

proceedings against delinquent col-

lector, '...7 I, 372

taxes on incorporated companies, ... I, 374

what companies liable, I, 374

statement to be delivered to as-
sessors I, 374

and to comptroller, I. 375

penalties and suits therefor, I, 375

mode of making assessment, .. I, 375
duty of supervisors in completing

assessment, I, 376

collection of the taxes, I, 376

proceedings if not collected,... I, 377

power of chancellor, I, 377

remedy by action, I, 377

on railroad companies I, 377

remedy by tenant for taxes paid,... I, 379

loss by collectors or county treasurers,

I, 379

imposed by United States, and erro-
neously returned to comptroller, how

canceled, I, 3S0

for opening road, sales of land for,.. I, 380
special provisions,

in relation to Kings county, I, 381

city and county of Albany, ... I, 382

city of Albany, .-. I, 382

certain towns in Essex county, I, 382
what cities deemed towns I, 382

certain judgments recovered for
taxes paid, how docketed, .. n, 373
on dogs, how assessed and collected, I, 655

to whom to be paid and how

applied, I, 655

for local purposes, applicants to legisla-
ture to give notice, I, 154

Temporary loans, when comptroller may

make, V, i, 17>

Tenancy in common, what estates to be,. I, 675
several persons taken by descent,., I, 705

partition of, II, 327

in ejectment by one tenant against co-
tenant, ouster to be proved, n, 315

tenants when liable to action of waste

at suit of co-tenant. n, 345

proceedings in such action II, 345

Tenant by the curtesy,

when liable to waste, n. 345

assigns of, when liable, H, 345

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