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and 85 New York State Reporter.
PROCESS.

PUBLIC USE.
See “Arrest”; “Execution”; “Injunction"; "Man. Taking property for public use, see “Eminest Ils
damus."

main.'
Foreclosure, see "Mortgages," $ 6.

PUNISHMENT.
PROHIBITION.

See "Pardon."
Of traffic in intoxicating liquors, see "Intoxicat- Violation of injunction, see "Injnnction." 4.
ing Liquors."

QUANTUM MERUIT.
PROMISSORY NOTES.

See “Work and Labor."
See "Bills and Notes."
PROOF.

QUASHING.
Of death, see "Death," 1.

Execution, see "Execution," $ 1.
PROPERTY.

QUIETING TITLE.
Adverse possession, see "Adverse Possession." 8 1. Right of action and defenses.
Taking for public use, see "Eminent Domain." An action to remove a cloud from title aris

ing out of a municipal assessment lies
Particular species of property.

where the lien is prima facie valid, and the de
See “Good Will"; "Shipping."

fect is jurisdictional.-Conde v. City of Scbene

tady (Sup.) 854.
PROPRIETARY GRANTS.

Under Code Civ. Proc. $ 1638, constrictite

possession by tenant is sufficient to bring actien
See "Public Lands."

to determine adverse claim. Clason . Ster

art (Sup.) 1100.
PROVINCE OF COURT AND JURY.

RAILROADS.
In civil actions, see “Trial," $ 6.

See, also, "Carriers"; "Eminent Domain"; "Stre?
PROXIMATE CAUSE.

Railroads."
See "Municipal Corporations," 8 8.

§ 1. Operation.

While a person approaching a railroad is

ing is negligent, as a matter of law, if he fais
PUBLIC IMPROVEMENTS. to look and listen, the court cannot go into for-

ther details as to caution required, without
By municipalities, see "Municipal Corporations,” | usurping the province of the jury.-Lockwood

v. Poughkeepsie & E. Ry. Co. (Sup.) 191.
PUBLIC LANDS.

Evidence in action for injuries at railroad

crossing reviewed, and held, that the case was
Lands under water, see "Navigable Waters,” g 2. properly submitted to the jury.-Lewis v. Lone
8 1. Colonial and proprietary grants.

Island R. Co. (Sup.) 558.
Colonial patents granting to the town of Whether decedent killed by railroad train on
Southampton land within its limits held to con- crossing could have seen it by reasonable dili-
fer upon it title to land under the Great South gence held a question for the jury.-Wieland .
Bay, subject to rights of navigation.-People v. President, etc., of Delaware & H. Canal D
Jessup (Sup.) 228.

(Sup.) 776.

Where decedent stepped directly in front of i
PUBLIC NUISANCE.

moving engine and was killed, held to show 001-

tributory negligence precluding recovery.-Ryad
See “Nuisance," $ 2.

v. New York Cent. & H. R. R. Co. (Sup.) 894.

8 5.

PUBLIC ROADS.

REAL-ESTATE AGENTS.
See "Brokers."

See "Highways."

PUBLIC SCHOOLS.
See "Schools and School Districts."

REAL PROPERTY,
Deeds, see "Deeds."

1191

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RECEIVERS.

Congregational Unitarian Soc. of Bernardston

v. Hale (Sup.) 704.
In action to foreclose mortgage, see "Mortgages,"

Bequest to religious society held absolute, and
8 6.
In supplementary proceedings, see “Execution," Bernardston v. Hale (Sup.) 704.

not in trust.-Congregational Unitarian Soc. of
8 2.
of corporations in general, see "Corporations," A trust to a religious society for the sup-
8 5.

port of the gospel held valid in Massachusetts,

although in perpetuity.--Congregational Unita-
§ 1. Title to and possession of property. rian Soc. of Bernardston v. Hale (Sup.) 704.

A creditor appointed as receiver of his debtor
becomes vested with the title to life endowment after a void bequest of a part held a good gift

Gift to religious society of residue of fund
policies payable to debtor or his estate. -Reyn- of the whole.-Congregational Unitarian Soc. of
olds v. Ätna Life Ins. Co. (Sup.) 446.

Bernardston v. Hale (Sup.) 704.
RECORDS.

REMOVAL OF CLOUD.
See "Judgment,” $3.
Transcript on appeal, see "Appeal," $ 7.

See “Quieting Title."
REFERENCE.

RENT.
16
See, also, “Arbitration and Award."

See "Landlord and Tenant," $ 4.
33 $ 1. Nature, grounds, and order of ref-

REPAIRS.
There is no authority for an application by a Of premises demised, see “Landlord and Tenant,”
railroad company to appellate court for appoint-
ment of referee to take proof of facts and cir-

$ 3.
cumstances under which the common council au-

REPEAL.
thorized the street extended across its track.-
In re Extension of North Third Ave. (Sup.) 353. Of statute, see “Statutes," $ 1.

Where a court of special term refers all the
issues in a case to a referee, his action is re-

REPLEADER.
viewable only on appeal.--Albany Brass & Iron
Co. v. Hoffman (Sup.) 779.

See "Pleading," $ 5.
Where plaintiff's cause of action was refera-
ble, and defendant's counterclaim was nonrefera-

REPLICATION.
ble, hield, that the court could not order a com-
pulsory reference of the entire case.—McAleer See “Pleading," s 3.
5. Sinnott (Sup.) 956.
Burden is on party applying for reference, to

REPLY.
show the action is referable.- McAleer v. Sinnott
(Sup.) 956.

See “Pleading," $ 3.
An action for services rendered hinging on
construction of contract, and not involving a com-

RESCISSION.
plicated account, held not referable.- McAleer v.
Sinnott (Sup.) 956.

Cancellation of written instrument, see "Cancela-

tion of Instruments.'
REFORMATION OF INSTRUMENTS. Of contract, see “Contracts," $ 3.
See "Cancellation of Instruments.”

for sale of land, see “Vendor and Purchas-

er," 8 1.
REHEARING

RESERVATIONS.
See "New Trial."

For grantor in fraudulent conveyance,

"Fraudulent Conveyances," $ 1.
REINCORPORATION.
See "Corporations,” $ 6.

RES JUDICATA.

See "Judgment," 88 6. 7.
RELEASE.
See “Accord and Satisfaction”; “Compromise and

RESPONDENTIA.
Settlement."

See “Shipping,” 2.
RELIGIOUS SOCIETIES.

RESTRAINT OF TRADE.
Legacy to unincorporated religious society
held valid under the laws of Massachusetts. - See "Good Will.”

See

and 85 New York State Reporter.
RESTRICTIONS.

$ 2. Remedies of buyer.

To maintain action for breach of ens
In deeds, see "Deeds."

warranty, plaintiff must show that the Fit
ty was relied on.-Crocker Wheeler En

Co. v. Johns-Piatt Co. (Sup.) 793.
RETROSPECTIVE LAWS.

Evidence held insufficient to establish 3
Constitutional restrictions, see "Constitutional plied warranty.-Crocker Wheeler Electric
Law," $ 2.

v. Johns-Pratt Co. (Sup.) 793.
REVENUE.

SATISFACTION.
See "Taxation."

See “Accord and Satisfaction"; "Conti.

and Settlement."
REVIEW.
See "Appeal"; "Certiorari"; "Criminal Law," & SCHOOLS AND SCHOOL DISTRICTS
3; “Justices of the Peace," $ 3.

See, also, "Colleges and Universities."
REVIVAL.

$ 1. Public schools.

Contract for repairs of building to an ama
See “Abatement and Revival."

in excess of $200 by school trustees on appar TL
of superintendent of buildings held not bitir:

on board of education under consolidation 4"
REVOCATION.

-Van Dolsen v. Board of Education of 6

of New York (Sup.) 720.
Of probate of will, see "Wills," $ 4.
RIGHT OF WAY.

SECONDARY EVIDENCE.
See "Easements."

In civil actions, see "Evidence," $ 3.
RIPARIAN RIGHTS.

SERVANTS.
See “Navigable Waters," $ 3.

See “Master and Servant."
RISKS.

SERVICES.
Assumed by employé, see “Master and Servant,"

See “Work and Labor."
$ 2.

SERVITUDES.
ROADS.

See “Easements."
See "Highways."
Streets in cities, see "Municipal Corporations,"
$ 8.

SET-OFF AND COUNTERCLAIM.
RULES OF COURT.

See, also, “Partnership," $ 2.

Usury as counterclaim, see “Usury."
Orders, see “Motions."

$ 1. Subject-matter.

In action in tort for conversion by defendant
SALES.

of property stored with him, a demand for stors

age prior to the conversion is not a proper col-
See, also, “Vendor and Purchaser."

terclaim.-Schaefer V. Empire Lithographir:
Of intoxicating liquors, see “Intoxicating Liq.Co. (Sup.) 104.
uors."

In action for conversion of collaterals se
Tax sales, see “Taxation," $ 4.

curing note, where the tender of the amount
§ 1. Remedies of seller.

of the note is alleged, counterclaims for the
Vendee signing contract for purchase of cash amount of the note, and for expenses in a
recorder held entitled to rely on representations tempting to collect a note included in the can
of vendor's agent, without examining contract. Co. v. Chatham Nat. Bank (Sup.) 659.

laterals, are demurrable.-Empire Dairy Fees!
--Hough Cash-Recorder Co. v. Jowry (Co. Ct.)
1134.
In action for goods sold, where defendant

SETTLEMENT.
pleaded an agreement to accept debt in install-
ments, and that defendant should buy all goods See “Accord and Satisfaction"; "Account Stat-
needed from plaintiff, and that the suit should be ed"; "Compromise and Settlement."
discontinued, the answer sets up a good defense. By executor or administrator, see “Executors and
-Roth v. Phillips (City Ct. N. Y.) 161.

Administrators," $ 4.

HERIFFS AND CONSTABLES. to enforce its provisions.-Heine v. Rohner

(Sup.) 427.
Lia bilities.

Contract considered, and held too indefinite to
replevin against a sheriff to recover prop- be capable of performance.-Heine v. Rohner
levied upon under execution, a motion to

(Sup.) 427.
titute indemnitors will lie, under Code Civ.
. $ 1421, although their undertaking was Contract held not void for lack of mutuality.
given until after suit begun.-Terhune v. -Petrolia Mfg. Co. v. Jenkins (Sup.) 1028.
n (City Ct. N. Y.) 1122.

Where an individual and a corporation were

to buy soap under an agreement, and the for-
SHIPPING.

mer was insolvent, a resort to equity may be

had to compel performance by the corporation.
also, "Towage.”

--Petrolia Mfg. Co. v. Jenkins (Sup.) 1028.
Lia bilities of vessels and owners in
general.

SPIRITUOUS LIQUORS.
wners of ship held not liable for amount ad-
ed master, and used by him personally. See “Intoxicating Liquors.”
ischall v. Swan (Sup.) 42.
aster of ship in foreign port cannot at com-

STATEMENT.
law make the owners liable for money not Of case or facts for purpose of review, see “Ap-
ially necessary.-Hanschall v. Swan (Sup.)

peal," $ 7.

Of plaintiff's claim, see “Pleading," $ 1.
· Bottomry and respondentia.
raft on owners by master for money ad-

STATES.
ced for wages and supplies held a form of
tomry.-Hanschall v. Swan (Sup.) 42.

§ 1. Claims against state.

A citizen cannot compel the state to apply
ontract for money advanced for wages and certain funds in its hands to the payment of his
plies for ship in foreign port is governed by taxes.- People v. Roberts (Sup.) 747.

law of the country from which the ship sail-
-Hanschall v. Swan (Sup.) 42.

STATUTE OF LIMITATIONS.
There master gives a draft on owners for
plies and ship is thereafter sold to satisfy See "Limitation of Actions."
ney raised on bottomry for repairs the hold-
of the draft loses his lien on vessel and
·ight.-Hanschall v. Swan (Sup.) 42.

STATUTES.
3. Limitation of owner's liability. See, also, “Descent and Distribution" ; "Discov-

party advancing money to a master with ery,".. 1; "Highways,” $ 1; "Intoxicating Liq-
t the shipowner's knowledge held not to have uors"; "Mechanics' Liens."
personal claim against the owner under Validity of retrospective or ex post facto laws, see
ngley act of congress.-Hanschall v. Swan “Constitutional Law," 2.
up.) 42.

§ 1. Repeal.
Under Dingley act, fixing liability of shipown-

A statute reciting by mistake that it repeals
s, a part owner may bring in all creditors, and
stribute to them his proportion of their de-ject does not affect a repeal of the statute thus

a statute relating to an entirely different sub-
and.-Hanschall v. Swan (Sup.) 42.

mentioned.-McKee Land & Improvement Co. v.

Swikehard (Sup.) 399.
SLANDER.

§ 2. Construction and operation.
de “Libel and Slander."

Where the meaning of a statute is plain, it

will control verbal inaccuracies.--McKee Land
SPECIAL GUARDIAN.

& Improvement Co. v. Swikehard (Sup.) 399.

The construction of a statute of another state
ee "Infants."

by an inferior court of such state will not be

considered against the authority of the court
SPECIFIC LEGACIES.

of appeals in New York in a matter involving
ee "Wills," $ 6.

the same statute.-In re Robertson's Will (Sur.)

502.
SPECIFIC PERFORMANCE.

8 3. Pleading and evidence.

Complaint in action by an unincorporated re-
1. Contracts enforceable.

ligious society held sufficient to authorize proof
A court has jurisdictional power to enforce an of laws of the foreign state.-Congregational
igreement to disclose secret processes, and to Unitarian Soc. of Bernardston v. Hale (Sup.)
hat end may restrain their disclosure or use to 704.
he detriment of the party entitled thereto.-Na-
tional Gum & Mica Co. v. Braendly (Sup.) 93. held sufficiently proved, under Code Civ. Proc.

Copy of Revised Statutes of another state
Contract considered. and held, that plaintiffs, $ 942.-Congregational Unitarian Soc. of Ber-
Qot being parties thereto, were not in condition | nardston v. Hale (Sup.) 704.

and 85 New York State Reporter.

STATUTES CONSTRUED.

NEW YORK. & 3050

960 Schenectady. Lars 1991
$ 3215, subd. 1.

318

ch. 294, tit. 7. $51....
CONSTITUTION.
$ 3216

359
$ 32:32

651

LAWS
Art. 1. & 6...

735
88 3236, 3251

486
Art. 6, § 18.

309
$ 3268, subd. 5.

210

1833, ch. 279.
8 3360

763

1845, ch. 150.

1818, ch. 319, $ 6.
CODE OF CIVIL PROCE-

1857, ch. 456.
CODE OF CRIMINAL PRO- 1860. ch. 360.
DURE.
8 162

305
CEDURE.

1862, ch. 355, tit. i
$ 348
889 8 154

115 Amended by Laws IN
410
775 $ 308

683. 68.3

cb. 294.
§ 421
658 8 376, subd. 2.

688 1870, ch. 291, § 13. Amor
8 447
. 1089 $ 529. Amended by Laws

ed by Laws 1878. 5
$ 449
250 1897, ch. 427.....

811 1870, ch. 519, tit. 6,2
§ 452
.813, 1089

Amended by Laws 151
$ 484
1012

ch. 407

REVISED STATUTES.
88 507, 508
1.35

1873, ch, 620. Ameuled by
$ 522

907
Volume 1.

Laws 1875, ch. SO.
$ 549, subd. 4.
965 Part 1, ch. 13, tit. 2, art.

1873, ch. 80.
603
427 2, 8 12.

753

1875, ch. 407.
$ 626

613 Page 728, $ 55, subds. 2, 4 73 1877. ch. 466, $ 3, sul. 20
$ 640
68 Page 748, $ 1.

772 1878, ch. 59.
8 688
313 Page 766, $ 20.

148 1879, ch. 53. Auburn City
88 757, 761
852

Charter
$ 779

1880, ch. 512.
833

Volume 2.
$$ 791, 793
169, 542 | Page 136, § 5.

1880, ch. 542, $ 3.
64

1880, ch. 542. $ 3. Amen
8 811

68 Page 146, $ 50, subds. 1, 3 862
$ 820

ed by Laws 1890, eh.
814
$ 829

1881, ch. 182. $ 62.
234, 380, 478

Ninth Edition.
$835

1882, ch. 409.
49

Volume 2
$ 836

1882, ch. 410, S518, 530
98.5
88 873, 874

998 1882, ch. 110, $ 98.
Page 1024, $ 52.

304
$ 894
Page 1252, ch. 39, 84,

1882. ch. 110.
172
$920

subd. 5
735

186 1001. Amended by Lars
$ 933

1895, ch. 449.
111
$ 92

1882, ch. 110, $$ 1097-
705

CITY CHARTERS.
$ 997

1029, 1035, subd. 3...
207 Auburn. Laws 1879, ch. 53 509 1882, ch. 410. 13417.
$ 12:36

178 Greater New York. Laws
$ 1274

Amended by Laws 1890
253 1897, ch. 378, $ 95. ..1094 ch. 748
$$ 1.331, 1351

. 1068 Greater New York. Laws 1882, ch. 410, $ 1382.
$ 1357

897 1897, ch. 378, 8 127.... 1087 | 1882, ch. 410, $ 134.
$ 1421

.1122 Greater New York. Laws 1885, ch. 342.
$ 15:37

134

1897, ch. 378, § 419:... 337 | 1885, ch. 312. Amended by
$ 1638

.1100 Greater New York. Laws Laws 1888. ch. 316.....
§ 1638 et seq.

138

1897, ch. 378, 88 685, 1883, ch. 342, $ 4.
$ 1780

118
086, 689

425 1885, ch. 375.
$ 1819

705 Greater New York. Laws 1886, ch. 572.
$ 1837

318 1897, ch. 378, $ 722...,1087 | 1888, ch. 316.
$ 1913

801 Greater New York. Laws 1888, eh. 583, tit. 13. $ 9.
$ 2284

612 1897. ch. 378, § 888....1094 Amended by Laws 1884
88 2348, 2364
27 Greater New York. Laws

ch. 371

11
$ 2441

352 1897, ch. 378, $ 1369... 214 | 1888, ch, 583, tit. 21, 14..
$ 2006

802 Greater New York. Laws 1888, ch, 583, tit. 22. $ 28. JALA
§ 2615

597 1897, ch. 378, $ 1373... 355 1889, ch, 371.
$ 2624

502 Greater New York. Laws 1889, ch. 463.
$ 2633a

. 134, 281 1897, ch. 378, § 1377... 1890, ch. 294.
$ 2731

8

214, 215 | 1890, ch. 294, tit. 7. $ 51.
2803, subd. 3.

318 Greater New York. Laws Schenectady City Charter &
$ 2876

889 1897, ch. 378, § 1384... 355 1890, ch. 522.
8 2895

255 Greater New York. Laws 1890, ch. 564, $ 41.
S$ 2909, 2010

932 1897, ch. 378, $ 1508... 203 1890, ch, 505, $61. Amend-
88 2934, 2988, 2989, 3011.. 889 | Greater New York. Laws ed by Laws 1897. ch. 754
3015

384 1897, ch. 378, § 1613...1094 1890, ch. 565, $ 100......
3017

889 Rochester. Laws 1894, ch. 1890, ch, 566, § 65.
3047

395 28, $ 40, subd. 21.. 483 | 1890, ch. 567, § 2, subd. 9. 97

S.

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