when by reversioners, &c .......1. 749, 750
treble damages when to be recovered. 11. 338
exception; casual trespasses, &c... 11. 338
trespasses on town lands, proceedings in
actions for....... ...... 1. 357, 11. 478
on state lands, to be reported by sheriff 1. 209
duty of district attorney...
I. 209
penalty for trespassing thereon..... I. 209
how collected and applied..
• I. 209
defendant how imprisoned...
...... 1. 209
on lands belonging to canal fund.. I. 210
when punished as a misdemeanor
cutting down timber........ ..... 11. 693
carrying away timber cut down..... II. 693
maliciously injuring fruit and shade trees
II. 693
maliciously severing produce from soil 11. 693
severing from the freehold and carrying
off things attached...
II. 693
on the case, may be brought for certain tres-
passes
....... 11. 553
TRIAL by battle or grand assize, &c. abolish-
II. 409, 410
judgments as in case of non-suit for not
bringing cause to trial.
continuance on circuit roll, when cause
not tried..
in justices' courts...
injunctions to stay trial, on what terms to
. 11. 188
trials for crimes,
by what juries...
II. 733
24 names in all cases to be in box 11. 733, 734
how names supplied.......... II. 733, 734
juries of part aliens abolished........ II. 734
indictors not to be on petit jury...... 11. 734
right of peremptory challenge........ 11. 734
same right of challenge as in civil cases 11, 734
certain persons not to be on jury in capi-
tal cases
... II. 734
in felony, defendant to be present..... II. 734
in other cases may appear by attorney 11. 734
provisions relating to civil trials, extend-
ed to criminal cases.
..... II. 735
proof necessary in treason........... II. 735
proof required in certain conspiracies 11. 735
what sufficient in rape, &c.... .... 11. 735
when one of several defendants to be dis-
charged before testimony closed... 11. 735
what defendants may require separate
trials......
II. 735
exceptions by defendants, effect of... 11. 736
proceedings thereon
.... II. 736
................. II. 733
receivers of stolen property.......... II. 726
offences on board vessels.
of debtors imprisoned for crimes.... 11. 15, 34
powers and duties of...
of insolvent debtors generally,
their powers and duties
removal of
appointment of new trustee....... 11. 49, 50
renunciation of.............. 11. 49, 50, 51
of colleges, their powers and duties. 1. 460, 463
of academies, their powers and duties 1. 462, 463
of school districts...
........ I. 477 to 487
actions by and against..
11. 473
recoveries against them how collected 11. 476
of gospel and school lots..
1. 497
actions by and against..
recoveries against them how collected 11. 476
TURNPIKE roads, construction of....
1. 590
carriages meeting on, to turn to right.. 1. 695
inspectors how appointed, &c. 1. 100, 115, 585
their powers and duties, &c.. 1. 585 to 587
corporations, how incorporated ...................... 1. 578
choice and powers of directors.. 1. 578, 579
how forfeited or dissolved.
construction of road by..
appraisement of damages..
collection of tolls, &c...
provisions embracing turnpike
tions now existing..
gates protected.....
ULSTER, county of,
in second senate district..
1. 582 to 584
1. 584
corpora-
1. 585 to 588
1. 588, 11. 695
in seventh congress district.. ...... 1. 85
nor certain express trusts.
grant by one, for money paid by another,
except for benefit of creditors
purchasers in good faith, not affected by
purposes for which express trusts may be
certain devises in trust to be deemed
qualification of this rule.
powers of parties interested in certain
trusts, over them.
estates, &c. not included in express trust,
to remain in grantor....
conveyances not declaring trust when ab-
solute
sales, &c. contrary to the trust expressed
in the instrument, void..
I. 730
misapplication of money received by trus-
sole leather in, may be sold without in-
spection
leases in, need not be recorded..
1. 763
Unauthorised banking, prohibited.... 1. 712, 713
insurances prohibited....
............. 1. 714, 715
[See also act of 1829, vol. 1.]
tees, not to affect others ......... 1. 730
estate of trustee, when to cease....... 1. 730
disposition of trust, &c. on death of sur-
................... I. 730
resignation and removal of trustee, in case
appointment of new trustees.
trustee holding over after termination of
certain trusts not affected by settlement
grants and assignments of trusts to be in
11. 137
writing.............
bills in chancery relating to trusts not
cognizable at law, when to be filed 11. 301
trustees not to be held to bail, unless,
&c..
11. 348
property in their hands, how assessed,
&c...
1. 391, 392, 419
Trust powers, general, defined
I. 734
1. 734
.... I. 734
... I. 735
how construed and executed..... 1. 734, 734
chancery when to execute, &c... 1. 734, 737
subject to certain rules of law applicable
to trusts
1. 734, 737
when creditors may compel execution of 1. 735
how affected by insolvent's discharge. 1. 735
certain judges of, may take proof, &c. of
1. 757
ib. certain ministers and foreign consuls 1. 757
[See act of 1829, in vol. 1. giving this
power to all consuls of the U. States.]
courts of, sitting in this state, transcripts of
their judgments to be entered, &c. 11. 557
imprisonment of parties on civil process
from..
11. 443
persons committed for offences against, how
imprisoned in county or state prisons 11. 774
debts to, not affected by insolvents' dischar-
ges, &c.....
children begging, to be sent to poor or alms-
house, &c...
I. 633
II. 133 to 137
[See Conveyances, Fraudulent conveyances
and Sales.]
Vendor and purchaser..
Venire, in justices' court...... IT. 242, 243, 245
abolished in other courts, except in case of
foreign jury...
Venue, rules concerning..
in suits against public officers, &c. 11. 353, 409
Verdict, jury may find specially
jurors not to be questioned for. ........ II. 421
motion to set aside..
11. 422
certain defects to be disregarded, after. 11. 424
and to be amended..
II. 425
may be received on Sunday
11. 275
proceedings after, not to be stayed by su-
preme court commissioner, &c..... 11. 280
11. 307
in ejectment, how rendered, &c......
Vessels subject to quarantine, &c......... I. 425
duty of pilots in relation to....
regulations concerning such vessels... 1. 428
regulations concerning vessels exempt or
released....
penalty for violating regulations
gaming and other disorderly practices in
canal and other vessels prohibited... 1. 661
liquor under five gallons, when not to be
navigation by, regulated..
1. 682
... 1. 682
1. 683
1. 683, 684, 685
I. 685
[Extended, act of 1829, in vol. 111.]
lien upon, and collecting demands against 11. 493
proceedings, when seized under attachment
when lights to be shown.
against absconding debtor...... II. 5 to 7
unduly lading to endanger life, &c...... II. 694
offences committed in, where to be tried 11. 726
Vice-chancellors, circuit judges to be..... 11. 168
their powers and duties as such. 11. 168, 169
not to discharge orders made by chan-
cellor, &c...
..... II. 168
11. 169
may execute other powers under direc-
tion of chancellor..
.... II. 169
11. 169
powers where chancellor is a party
appeal in such cases, to court of errors 11. 169
certain insurances, &c. excepted
... I. 662
concerning prices of stocks, &c. void. 1. 710
and money may be recovered back.... I. 710
Wallabout bay, land at, ceded to U. States I. 70
Wardens of port of New-York, how appoint-
ed, &c...
1. 98, 114, 115
Wards, their remedies against their guardi-
....... 1. 749, 11. 152, 153, 334
[See Guardians and infants.]
Warrant of attorney, need not be filed, &c. 11. 351
except when specially required by law 11. 351
Warranties, lineal and collateral, abolished 1. 739
heirs and devisees how far liable ..... 1. 739
WARRANTS from justices' courts 11. 227, 228, 229
not to be issued against certain canal offi-
adjournments upon........
by county treasurers against
when issued
duty of sheriff' thereon
return of, how compelled....
on criminal charges,
1. 224
11. 238, 239
collectors,
by what officers, and when issued.... 11. 706
need not be sealed.
when to be endorsed in another county 11. 707
when need not be so endorsed..
justice not liable for endorsing..
[See Arrest on criminal charges.]
to search for stolen property...
[See Search warrants.]
on indictments, who to issue ...... 11. 728
Warrant for inflicting death, when issued. 11. 657
its contents
11. 658
when to be issued by supreme court.. 11. 659
when by the governor
how execution of, suspended.
in fourth senate district
in nineteenth congress district..
to have one member of assembly.. 1. 151
supervisors of, where and when to meet 1. 366
poor in, a county charge..
how supported, &c....
Washington, county of,
in fourth senate district
composes eighteenth congress district. 1.
85
to have three members of assembly... 1. 151
.. II. 336
of lands sold by execution, action for. 11. 336
certain acts permitted after sale, and
until conveyance
II. 336
order to prevent waste of land so sold 11. 337
enforcement thereof...
11. 337, 338
Water, land under, how granted by commis-
sioners of land-office...
I. 208
privileges and sale of surplus waters
Waters, obstruction of...
Watch Point, land at, ceded to the U. States 1. 68
Waterford, inspector of sole leather at.... I. 99
inspector of liver oil in .....
... I. 554
Watertown, supreme court commissioner to
be appointed for......
1. 96
Wayne county in seventh senate district.. I. 84
in twenty-sixth congress district..... I. 86
to have two members of assembly..... 1. 152
supervisors of, when and where to meet 1. 366
Weigher at quarantine ground....... 1. 100, 115
Weights and measures, standard of, establish-
ed
1. 606 to 609
[altered as to measures of capacity, by
act of 1829, in vol. II.]
future contracts to be construed in refer-
ence to legal standards..
standards where deposited.... ...... 1. 608
copies to be distributed....
when to be sealed and marked.
liability of persons using weights, &c. not
conformable to legal standard.
secretary of state, to be state sealer of... 1. 114
1. 607, 608, 609
a county sealer to be appointed for each
how appointed, &c...
his powers and duties..
I. 100
1. 114, 115
r. 608, 610
sealers of Albany and Oneida counties to
a town sealer to be chosen for each town 1. 340
oath, &c.....
powers and duties
sealers generally, their fees..
to deliver over standards to successors 1. 610
penalty for neglect, &c.......
...................... 1. 610, 611
Westchester, county of,
in second senate district...
in fourth congress district.... ..... I. 85
to have three members of assembly.
... I. 151
supervisors of, where and when to meet 1. 366
clerk's office in
1. 376
supreme court commissioner in....... 1. 96
wreckmasters in.....
... I. 100
penalty for ferrying without license does
of real property, who may make. 1 720, 11. 56
what may be devised..
11. 57, 1. 725
who may take by devise ...... I. 719, 11. 57
will when to pass all testator's estate. II. 57
creditor competent witness.......... H. 57
will may be proved before surrogate. 11. 57
notice of intention to prove........ II. 57
service if heirs be minors..
... II. 57
witnesses may be subpened, &c... 11. 58
what proofs to be taken, and how.. 11. 58
will when to be recorded....
.......... II. 58
will and record, to be evidence
58
proofs where witnesses are dead... II. 59
how taken, &c. and their effect.. 11. 59
fees of witnesses.......
records of certain ancient wills, evi-
dence......
town of, to choose trustees, &c..
Wheat, standard weight of..
Whitehall, inspector of hops at.
supreme court commissioner
of aliens, when entitled to dower...... 1. 740
when entitled, in case of exchange.. 1. 740
of mortgagors, when entitled 1. 740, 741
of mortgagees, not entitled, unless, &c. 1. 741
when to elect between dower and joint-
ure, &c......
1. 741
when between devise, &c. and dower. r. 741
surrogate proving will, when exclusive
jurisdiction
.. II. 61
....... II. 61
II. 61
... 61, 62
surrogate may revoke or confirm................ 13. 62
next of kin may contest probate.
proceedings thereon......
feigned issue when to be awarded 11. 66, 67, 608
further appeal allowed from circuit judge,
wills lost or destroyed, chancery may take
powers, &c. of court
application and effect of certain provisions
of revised statutes, concerning wills 11. 68
letters testamentary, to be issued 30 days
during that time objections may be filed 11.
who competent as executors.
letters to married women.
supplementary letters..
bond when required of executors.. 11. 70, 72
letters of administration with the will an-
nexed, when granted.... 11. 71, 72, 73
will in such case to be observed.. 11. 72
general provisions relating to letters tes-
tamentary, recording of wills, &c... 1 78
duties of executors in taking and return-
ing inventories ...
II. 81
in payment of debts and legacies. 11. 86
in rendering account, &c..
II. 91
in sale, &c. of real estate..
rights and liabilities of.
corporators against their corporation... II. 407
persons betting, gaming, &c. against accom-
creditor competent to will.
plaintiff or his attorney, when demand has
been bought for suit..
11. 288, 289
ib. in justices' court
II 268
persons within this state, when and how ex-
amined conditionally. .... II. 391 to 393
testimony of, out of this state, when and
how taken on commission... II. 393 to 397
devisee or legatee, to execution of will. 11. 65
proceedings, for disobeying subpoena... 11. 535
attachment, for not attending circuits... 11. 540
how compelled to appear before arbitra-
tors..
refusing to be sworn, or to answer, may be
committed as for criminal contempt 11. 278
ib. in justices' court....
in prison, how brought up by habeas corpus,
to testify...
11. 559
how compelled to testify on motions in su-
|