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and 120 New York State Reporter

STATES.

The unconstitutional provision of Agricultur-
al Law, Laws 1893, p. 667, c. 338, § 50, fixing
the degree of acidity for cider vinegar, held not
Ownership of ice on waters of state, see "Wa- to invalidate the remainder of the act.-State v.
ters and Water Courses," § 3.

Courts, see "Courts."

STATUTES.

Judicial notice of, see "Evidence," § 1.

Provisions relating to particular subjects.
See "Bridges," § 1; "Carriers," §§ 1, 3; "Com-
merce," 1; "Corporations," $5; "Descent
and Distribution"; "Disorderly Conduct";
"Fish"; "Food"; "Game"; "Intoxicating
Liquors"; "Licenses," § 1; "Master and
Servant," § 2; "Mechanics' Liens"; "Taxa-

tion."

Appellate jurisdiction of courts, see "Courts,"
§ 3.
Jurisdiction of municipal courts, see "Courts,"
§ 2.

Practice in municipal courts, see "Courts," § 2.
Statute of frauds, see "Frauds, Statute of."

§ 1. Enactment, requisites, and validity
in general.

Where unconstitutional provisions of a stat-
ute are absolutely independent of the balance,
such provisions may be rejected without in-
validating the balance.-People v. Van De Carr
(Sup.) 644.

Windholz (Sup.) 1015.

§ 2. Construction and operation.

Where the title constitutes no part of an act,
it may be considered as a key to the correct in-
terpretation thereof, where the intent is other-
wise ambiguous.-Rosin v. Lidgerwood Mfg.
Co. (Sup.) 49.

Where a statute enlarges a common-law right
of action, the statutory limitation is merely
cumulative, and the party injured may resort
to either at his election.-Rosin v. Lidgerwood
Mfg. Co. (Sup.) 49.

An intention to change the rule of the com-
mon law will not be presumed from doubtful
statutory provisions. The presumption is that
no such change is intended, unless the statute is
explicit and clear in that direction.-Rosin v.
Lidgerwood Mfg. Co. (Sup.) 49.

There can be no inference that the Legisla-
ture intended, by Laws 1902, p. 1748, c. 600,
entitled "An act to extend and regulate the lia-
bility of employers," to abrogate any right of
action existing under the statutes or common
law, unless such intention is clearly to be drawn
from the language of the act itself.-Rosin v.
Lidgerwood Mfg. Co. (Sup.) 49.

STATUTES CONSTRUED.

§1022. Amended by Laws

82

593

1903, ch. 85, p. 237..... 480 CODE OF CRIMINAL PRO-

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838 1899

175 $8 1902-1904

896 § 2038

.10092231, subd. 2

4382235

543 §§ 2249, 2250.
64 $2254

.321, 959 88 2269, 2273

4122280

843 §§ 2442, 2457

101 | §§ 3268, 3274
.411, 520 88 3403, 3412, 3418

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959 1903, p. 732, ch. 370. 360 HEYDECKER'S GENERAL

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976 $2713, subd. 3

§ 515

546

603

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715

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.240, 243
104
.889, 916

916

514

Page 1868, ch. 24.................... 900

CITY CHARTER.

240 Greater New York. Laws
1897, pp. 87, 88, ch. 378,
§§ 247-249

889

915

659

§ 977

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eater New York. Laws
1897, p. 324, ch. 378, §
906. Amended by Laws
1901, p. 386, ch. 466, §
906

reater New York.

Amended by Laws 1889,
p. 7, ch. 7...
1867, p. 1748, ch. 697..
759, 760
1867, p. 1750, ch. 697, § 3 759
1875, p. 32. ch. 38.

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625

9, 47
1895, p. 343, ch. 559, § 45

182

1882, p. 353, ch. 410,
1382

960, 961

136

1882, p. 369, ch. 303.

16

509

1884, p. 309, ch. 252..

218

Laws

1895, p. 344, ch. 559, § 46 960
1895, p. 345, ch. 559, § 49 960
1895, p. 621, ch. 394, § 44 156
1895, p. 621, ch. 394, §§

1897, p. 325, ch.

378, §

295

130, 140. Oswego City

907

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reater New York. Laws
1901, pp. 50, 114, ch.
466, §§ 149, 261....610, 1035
reater New York. Laws
1901, p. 122, ch. 466, §§
288, 290

323

reater New York. Laws
1901, p. 124, ch. 466, §

292

322

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Greater New York. Laws

1901, pp. 379, 380, ch.
466, § 892

Greater New York.

Greater New York.

456

Greater New York. Laws

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Laws

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Laws

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1884, pp. 314, 315, ch. 252,
§§ 15, 18
1885, pp. 525, 526, ch. 305,
$$ 1, 4
1886. p. 81. ch. 65.
Amended by Laws 1886,
p. 919, ch. 642; Laws
1889, p. 756, ch. 564...
1886, p. 919, ch. 642....
1889, p. 7, ch. 7.
1889, p. 756, ch. 564..
1890, p. 919, ch. 514. 651
1890, p. 1082, ch. 565... 673
1890, p. 1082, ch. 565.
Amended by Laws 1892,
p. 1382, ch. 676.
1890, p. 1082, ch. 565.
Amended by Laws 1892,
p. 1406, ch. 676.
1890. p. 1114, ch. 565, art.
4, §§ 103, 104..
1890, p. 1114, ch. 565, §
105
1890, pp. 1177, 1181, ch.
568, § 15
413
1890, p. 1181, ch. 568, § 16 279
1890, pp. 1222, 1233, ch.
569, $$ 80, 162, 180.... 422
1890, p. 1237, ch. 569, §
182

295

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1895, p. 621, ch. 394, 8
141. Oswego City Char-
ter. Amended by Laws
1897, p. 235, ch. 263... 156
1895, p. 621, ch. 394, §
320, subd. 2. Oswego
City Charter. Amended
by Laws 1897, p. 235,
ch. 263
1895, p. 791, ch. 933. 295
1895, p. 2037, ch. 1006.. 601
1896, p. 76, ch. 112, § 34,
subd. 3
673
64 1896, p. 220, ch. 272, § 21 46
1896, p. 571, ch. 547, § 76,
subd. 3
1896, p. 591, ch. 547, §
202
834
1896, p. 751, ch. 626, §§
2. 3
..1105, 1106
1890, p. 795, ch. 908, §
230. Amended by Laws
1897, p. 150, ch. 284;
Laws 1901, pp. 380,
1226, chs. 172, 493....1024
1896, p. 796, ch. 908, § 2.. 218
1896, p. 810, ch. 908, §§
35, 36, 38.

295

731

413, 422

1891, p. 224, ch. 105, § 414 218
1891, p. 657, ch. 327.. 77, 78
1892, p. 311, ch. 151.. 218
1892, p. 620, ch. 301..503, 504
1892, p. 1382, ch. 676.... 295
1892, p. 1399, ch. 676, art.

4. § 90. Amended by
Laws 1893, p. 908, ch.
434; Laws 1895, p. 791,
ch. 933

719

900

189

1896, pp. 842, 844, ch. 908,
S$ 134, 137
1896, p. 856, ch. 908, § 181 386
1896, p. 856, ch. 908, §
182
.386, 420
1896, p. 875, ch. 908, §
232. Amended by Laws
1901, p. 380, ch. 173...1025
1896, p. 882, ch. 908, § 250
309, 900
1896, pp. 940, 953, ch. 909,
$$ 84, 103.
892
1896, p. 961, ch. 909, §
110, subd. 3. Amended
by Laws 1898, p. 972,
ch. 335

155

295

156

1892, p. 1406, ch. 676...
1892, p. 1406, ch. 676, art.
4. § 104
1892, p. 1811, ch. 687. 628
1892, pp. 1825, 1826, ch.
688, §§ 3. 4..
1892, p. 1861, ch. 689, §§
31, 32
1892, p. 1896, ch. 689, §
115

64

295

165

39

892

285

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New York Charter..... 659

310

659

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509

1901, p. 225, ch. 91.

659

593

1897, p. 719, ch. 612.

857

1897, p. 731, ch. 612, § 90 858
1897, p. 732, ch. 612, §8
93, 96

1901, p. 276, ch. 466, §
674. Greater New York
Charter
1901, p. 312, ch. 128, §
640d
1901, pp. 379, 380, ch. 466,
§ 892. Greater New
York Charter
1901, p. 380, ch. 173.....1024
1901, p. 386, ch. 466, § 906.
Greater New York Char-
ter

1897, p. 320, ch. 378, §
896. Greater New York
Charter
1897, pp. 322, 323, ch. 378,
$$ 900, 902. Greater
New York Charter....
1897, p. 324, ch. 378, §
906. Greater New York
Charter. Amended by
Laws 1901, p. 386, ch.
466, § 906

1897, p. 325, ch. 378, §
907. Greater New York
Charter
1897, p. 467, ch. 415. § 18..1103
1897, p. 480, ch. 415, § 81 378
1897, pp. 520, 522, ch. 418,
§§ 12, 17. Amended by
Laws 1902, pp. 74, 75,
ch. 37

and 120 New York State Reporter
1901, pp. 50, 114, ch. 466,
88 149, 261. Greater
New York Charter

1902, p. 1202, ch. 506, § 9.
subd. 23. Amended by
Laws 1903, p. 465, ch.
192
445
1902, p. 1216, ch. 506, § 40 445
1902, p. 1217, ch. 506, §

41. Amended by Laws
1903, p. 465, ch. 192.
1902, p. 1236, ch. 517.

610, 1035

323

445

475

322

475

1902, p. 1489, ch. 580, § 1,
subd. 12
1902, p. 1496, ch. 580, § 20

514

137, 495

573

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456

509

773

1897, p. 763, ch. 499,

§§

4. 5

903

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137

77

1899, p. 100, ch. 76.

1899, p. 100, ch. 76

269

...1024

1901, p. 636, ch. 466, §
1543. Greater New York
Charter

254
1902, p. 1578, ch.

68, 747

580. §

311

104, 209

713

1899, p. 108. ch. 84, § 10. 967
1899, pp. 1589, 1590, 1593,
ch, 712, §§ 42, 46.
1900, p. 28, ch. 20, § 33.
Amended by Laws 1900,
p. 1591, ch. 741; Laws
1901, p. 225, ch. 91;
Laws 1902, p. 1236, ch.
517
1900, pp. 30, 34, ch. 20, §§
40, 60

218

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937

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475

1901, p. 1476, ch. 611, §
250, subd. 2

1902, p. 1749, ch. 600, § 2

621

49, 50

272

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1900, p. 66, ch. 20, 229.
1900, p. 1591, ch. 741....

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STAY.

Of action, see "Action," § 2.

Of proceedings until payment of costs, see
"Costs," § 5.

STOCK.

Contribution between owners of hypothecated
stock wrongfully converted, see "Contribu-
tion."

Right of assignee to sue for conversion of, see
"Assignments," § 2.

STOCKHOLDERS.

Of corporations, see "Corporations," § 1.

STORAGE.

See "Warehousemen."

STREET RAILROADS.

Bill of particulars in action against, for per-
sonal injuries, see "Pleading." $6.
Carriage of passengers, see "Carriers."
Evidence as to damages in action for personal
injuries, see "Damages," § 4.

Taxation of, see "Taxation," §§ 1-3.
§ 1. Regulation and operation.

In action against a street railway because of
guilty of contributory negligence.—Levy v. Met-
collision with plaintiff's wagon, plaintiff held
ropolitan St. Ry. Co. (Sup.) 102.

In an action against a street railway for in-
juries to a vehicle by collision at a crossing,
held, that the questions of negligence and con-
tributory negligence were for the jury.-Rosen-
stock v. Metropolitan St. Ry. Co. (Sup.) 114.

Judgment for plaintiff in action against street
railway held against the weight of the evidence.
-O'Neill v. Interurban St. Ry. Co. (Sup.) 208.

INDEX.

In action against street railway, because of
ollision between a car and wagon, held not er-
or to deny plaintiffs' motion for a new trial
fter verdict for defendant.-Alexander v. Met-
opolitan St. Ry. Co. (Sup.) 212.

Contributory negligence of plaintiff, who was
ajured in a collision with a street car, held to be
question for the jury.-Robinson v. Metropoli-
an St. Ry. Co. (Sup.) 442.

Where the testimony of a person, injured by
street car, that he looked before starting to
ross in front of it, is impeached by undisputed
hysical facts, his credibility is not involved, so
s to take the case to the jury.-McKinley v.
Metropolitan St. Ry. Co. (Sup.) 461.

Evidence in an action for injuries from be-
ng struck by a street car examined, and held
nsufficient to show freedom from contributory
negligence and negligence on the part of defend-
int.-McKinley v. Metropolitan St. Ry. Co.
Sup.) 461.

1213

Right of a street railway to the use of its
tracks must be exercised in connection with
the rights of others, using them from necessity
to pass around excavations, etc.-Frank v. Met-
ropolitan St. Ry. Co. (Sup.) 1018.

STREETS.

See "Highways"; "Municipal Corporations,"
§§ 5, 6.

SUBSCRIPTIONS.

Corporation held entitled to sue treasurer of a
fund to recover amount contributed for its
benefit.-Commercial Travelers' Home Ass'n v.
McNamara (Sup.) 608.

SUBTERRANEAN WATERS.

See "Waters and Water Courses," § 1.

On action for penalty for violation of an ordi-
hance in not carrying a passenger on a street
car without change of cars, held, that there was See "Action."
no evidence of an accident preventing compli-
ance with the ordinance.-City of New York v.
Interurban St. Ry. Co. (Sup.) 673.

An ordinance as to street railways held not
satisfied by carrying a passenger to where the
car entered an avenue, the name of which was
on the street-car sign.-City of New York v.
Interurban St. Ry. Co. (Sup.) 673.

SUIT.

SUMMARY PROCEEDINGS.

For possession of property, see "Forcible En-
try and Detainer," § 1.

Recovery of possession by landlord, see "Land-
lord and Tenant," § 6.

An ordinance requiring passengers on street
cars to be carried without change of cars held
reasonable.--City of New York v. Interurban See "Process."

St. Ry. Co. (Sup.) 673.

The railroad law (Laws 1890, p. 1082, c. 565)

§ 1.

SUMMONS.

SUNDAY.

held not to take from the city of New York Sale of liquors on, see "Intoxicating Liquors,"
powers to pass ordinances for the running of
street cars.-City of New York v. Interurban
St. Ry. Co. (Sup.) 673.

In an action for injuries by a street sweeper

SUPPLEMENTARY PROCEEDINGS.

against a street railroad, evidence held insuffi- See "Execution," § 1.
cient to show that plaintiff was in the exercise
of due care.-Beethem v. Interurban St. Ry. Co.
(Sup.) 700.

SUPREME COURTS.

Between the blocks of a city a street railway See "Courts," § 3.
has the paramount right of way over a pedes-
trian.--Lejoune v. Dry Dock, E. B. & B. R. Co.
(Sup.) 749.

Sending case to jury on sole issue of defend-
ant street railway's negligence held error, as re-
lieving plaintiff from establishing absence of
contributory negligence.-Lejoune v. Dry Dock,
E. B. & B. R. Co. (Sup.) 749.

In an action for injuries to the driver of a
wagon on street railway, an instruction held
error, as withdrawing from the jury both the
question of defendant's negligence and plain-
tiff's contributory negligence. Binsell v. In-
terurban St. Ry. Co. (Sup.) 913.

In an action for injuries to the driver of a
vehicle at a street railway track his negligence
held to depend on the circumstances existing
when he drove on the track.-Binsell v. Inter-
urban St. Ry. Co. (Sup.) 913.

SURETYSHIP.

See "Principal and Surety."

SURRENDER.

Of demised premises, see "Landlord and Ten-
ant," § 5.

TAXATION.

Judicial notice as to tax officers, see "Evi-
dence," § 1.

Local or special taxes.
See "Municipal Corporations," § 7.
Assessments for municipal improvements, see-
"Municipal Corporations," § 3.

and 120 New York State Reporter

Occupation or privilege taxes.

Sworn appraisal by treasurer and secretary See "Corporations," § 6; "Intoxicating Liq- stock equal to appraisal.-People v. Miller (Sup.) held sufficient to sustain assessment of capital uors," § 1; "Licenses," § 1.

§ 1. Liability of persons and property. Where a business corporation did not begin active operations until the month of June, 1902, it was only assessable for franchise tax for such portion of that year as it conducted an active business.-People v. Miller (Sup.) 193.

420.

A franchise tax on the business of a corpora tion which has done business only 512 months should be apportioned.-People v. Miller (Sup.) 420.

Capital stock invested in real estate by a corporation to acquire and sell real estate is emLaws 1899, p. 1589, c. 712, imposing a fran- ployed in the state, within Laws 1896, p. 856, chise tax, held not to violate an agreement bec. 908, § 182, imposing franchise tax.-People tween a city and street railway company, apv. Miller (Sup.) 420. proved by Laws 1892, p. 311, c. 151.-Heerwagen v. Crosstown St. Ry. Co. (Sup.) 218.

§ 2. Place of taxation.

Bills receivable for goods sold by a domestic corporation without the state, which had never been within the state, held not assets of the corporation, subject to franchise tax.-People v. Miller (Sup.) 193.

Under Laws 1899, p. 1590, c. 712, § 42, and Laws 1896, p. 796, c. 908, § 2, street railway franchise held properly assessed all in one ward. --Heerwagen v. Crosstown St. Ry. Co. (Sup.)

218.

3. Levy and assessment.

Where a domestic business corporation conducted a large part of its business without the state, its franchise tax should be assessed on its assets, including its good will, after deducting its liabilities and such part of its assets as were employed without the state.-People v. Miller (Sup.) 193.

Percentages paid by a street railway company on its gross earnings, under Laws 1884, p. 309, c. 252, Laws 1886, p. 81, c. 65, as amended by Laws 1886, p. 919, c. 642. and Laws 1889, p. 756, c. 564; and Laws 1892, p. 311, c. 151, held to be in the nature of a tax, within Laws 1899, p. 1593, c. 712, § 46, deducting such payments from a franchise tax.-Heerwagen V. Crosstown St. Ry. Co. (Sup.) 218.

Deduction from a franchise tax of a lamp tax levied under Laws 1891, p. 224, c. 105, 414, held not authorized by Laws 1899, p. 1593, c. 712, § 46.-Heerwagen v. Crosstown St. Ry. Co. (Sup.) 218.

Right to deduction of sums enumerated in Laws 1899, p. 1593, c. 712, § 46, from a franchise, held to depend on their being in the nature of a tax-Heerwagen v. Crosstown St. Ry. Co. (Sup.) 218.

Under Greater New York Charter, Laws 1897, p. 320, c. 378, § 896, the increase of an assessment on relator's property without notice after the books had been closed held void.-People v. Wells (Sup.) 309.

General Tax Law, Laws 1896, p. 882, c. 908, $250, requiring an application for the correction of an assessment as a condition to the maintenance of certiorari, held not to apply where relator's objection extended only to an increase after the records had been opened for inspection.-P'eople v. Wells (Sup.) 309.

Failure to enter assessment of property of corporation for taxation in the record provided in Greater New York Charter, Laws 1901, pp. 379, 380, c. 466, § 893, held not to invalidate assessment duly entered in record required by section 892.-People v. Wells (Sup.) 456.

property held to be, under Laws 1897, p. 324. Proper remedy for failure to tax persons or c. 378, § 906, as amended by Laws 1901, p. 356, c. 466, by certiorari.-City of New York v. Tucker (Sup.) 509.

assessment held not to render it invalid.-C.ty Omission of certain persons or property from of New York v. Tucker (Sup.) 509.

Under Tax Law, §§ 35, 36, 38, 250, a protest against an assessment, made on the day succeeding that which the board of assessors sat to hear protests, to which the board had adjourned, was made on time.-In re Cathedral of Incarnation in Diocese of Long Island (Sup.)

900.

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ery of tax paid.

corporation personally liable for taxes on real A foreign statute, not pleaded, rendering a estate, could not be considered as showing that a payment of taxes on land sold by the corporation to another under contract for a deed was not voluntary.-Janeway v. Burn (Sup.) 628.

Where trustees of a corporation voluntarily paid taxes on land conveyed to plaintiff's assignor, they were not entitled to set off such payment against the assignor's claim to dividends out of the corporation's assets.-Janeway v. Burn (Sup.) 628.

§ 5. Collection

and enforcement against persons or personal property. Overvaluation of one's property in assessment held not subject to collateral attack.-City of New York v. Tucker (Sup.) 509.

§ 6. Redemption from tax sale.

Wild land, owned and used by a club as a game preserve, sold for taxes, held unoccupied, within Tax Law 1896, p. 844, c. 908, § 137, authorizing the occupant to redeem, and section 134, p. 842, requiring notice to redeem to be served on the occupant.-People v. Miller (Sup.) 189.

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