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RIVER:

See WATERCOURSE.

RIVER BANK:

See RIPARIAN RIGHT.

PAGE.

* *

ROCHESTER - Assessment for a local improvement in Rochester - it may be
enforced against the deceased owner's personal estate although the real property
assessed has been sold therefor and bid in by the city, the title not having become
absolute.
See MATTER OF ELSNER ...

207
Tax sale of property in the city of Rochester meaning of words "sub-
ject, however, to all the claims which the people of this Stute may have thereon
for taxes.
See City of RocHESTER 0. KAPELL.

224
SALE Contract for "not less than 5,000 and no more than 3,000 cubic
yards of stone

to include all such stone as may be requiredfor a
bridge what quantity the vendor is entitled to furnish - provision as to notice
of the amount required.) The J. L. Fulton Company, which had a contract
for the performance of certain stone work, made a contract with David
Ready, a quarry owner, providing, “Mr. Ready agrees to furnish and the
J. L. Fulton Company agrees to buy not less than 5,000 and no more than
8,000 cubic yards of stone from Ready's quarries at Oil City, at a price of
$3.40 per cubic yard, f. o. b. cars Buffalo W. N. Y. & P. R. R. delivery; and
the stone to include all such stone as may be required for face stone, bridge
seats, coping and backing. If more than 5,000 yards are required three weeks
notice is to be given for the extra amount.”

Held, that Ready had a right to deliver, and to require the Fulton Com.
pany to accept, 8,000 cubic yards of stone, if that quantity was neces-
sary for the performance of the work;

That the notice, required by the contract to be given in case more than
5,000 cubic yards of stone were needed, was intended for the protection of
Ready and to enable Ready to know how long he must provide for a con-
tinuous supply of stone. READY v. Fulton Co.......

202
Champerty – purchase of a chose in action by an attorney with intent
to sue thereon — the attorney's donee or assignee may enforce it for her own
benefit — presumption that it is enforced for her benefit.
BEERS v. WASHBOND...

582
See ATTORNEY AND CLIENT.

Action to have a bill of sale absolute in form adjudged to have been
given as security only – what proof is required to sustain it — fraud or mis-
take need not be established. DONNELLY v. MCARDLE.

33
See EQUITY.

Architect's building plans — after they have been filed with a build.
ing department and the architect has been paid for his services he has no fur-
ther property rights therein. WRIGHT v. EISLE...

356
See MASTER AND SERVANT.

Good will of a partnership - it passes to a trustee in bankruptcy - a
purchaser thereof may state that he is the successor" of the firm.
FREEMAN v. FREEMAN,

110
See PARTNERSHIP.
Of a decedent's estate for the payment of debts.
See EXECUTOR AND ADMINISTRATOR.
Prer of, by an executor.

See EXECUTOR AND ADMINISTRATOR.
SCHOOL – Taxpayer's action the construction of a school building not
enjoined upon purely technical objections.] 1. Where a taxpayer's action,
brought under chapter 301 of the Laws of 1892, to enjoin the board of educa-
tion of the union free school district of the city of Jamestown from pur.
chasing a site and erecting a school building thereon, is based solely upon
the objection that the board of education has not strictly complied with all
the required technical, legal formalities, the court will not, when it appears

.

PAGE.

SCHOOL- Continued.
that there has been a substantial compliance with the law, and that the public
needs require the construction of the school building and that no bad faith
is shown, grant the plaintiff the desired injunction. LAWSON v. LINCOLN.. 217

2. -Extra allowance.] In such an action the Appellate Division con-
sidered that an extra allowance of costs should not be granted to the
defendants. Id.

3. Form of notice of the special meeting of the inhabitants.] Section 8
and subdivision 2 of section 13 of title 8 of the Consolidated School Law
(Laws of 1894, chap. 556), which provide that the notice, required to be
published by the board of education of a union free school district in a city,
of a special meeting of the inhabitants of the school district, for the pur-
pose of authorizing the purchase of sites and the erection of school build-
ings and the raising of money to pay for the same, shall state the amount
and object of the sum to be raised, do not require that the amounts to be
expended for the various items be separately stated. Id.

4. The special meeting need not give specific directions concerning the
school building.] The statute does not require the special meeting of the
inbabitants t1 give any specific directions relative to the construction of the
school building, but such matters may be left to the discretion of the board
of education. Id.

5. Attendance officers in the territory added to the city of New York by
chapter 378 of the Laws of 1897 they were not transferred to the educational
system of the Greater New York.] The expressions, educational staff” and
"other members of the educational staff in the public school system,” used
in section 1117 of the Greater New York charter (Laws of 1897, chap. 378),
which specified what persons connected with the public school system in the
territory out of which the city of Greater New York was formed, should be
part of the educational system of such city, did not include attendance
officers. PEOPLE EX KEL. FITZGERALD 0. BD. EDUCATION...

537
6. Status of such an attendance officer who was mistukenly supposed to have
been so transferred.) An attendance officer of a school district in a town incor-
porated into the city of Greater New York, who was mistakenly supposed to
have been transferred to the educational system of the greater city, and who,
for a number of years and until he was suspended without pay, performed the
duties of an attendance officer of the greater city, is not entitled to the bene-
fit of section 1543 of the revised Greater New York charter (Laws of 1901,
chap. 466) which prescribes that employees of the city whose positions were
abolished or made unnecessary shall be entitled to a preference in appoint-
ment to any similar position. Id.

Residence for the purpose of voting – mere attendance at a seminary,
without independent acts showing an intention to change the former resi-
dence, is ineffective. MATTER OF McCORMACK.

362
See ELECTION.
SECURITY:

See BOND.
Action to have a bill of sale adjudged to have been given as security only.

See DEBTOR AND CREDITOR.
SELLING POOLS — On a horse race.

See CRIME.

SEMINARY:

See SCHOOL

SERVANT:

See MASTER AND SERVANT.
SERVICE – Of process by publication.

See PROCESS.
Of process personally.
See PROCESS.

SERVICES – Of an attorney - compensation for.

See ATTORNEY AND CLIENT.
Lien for.
See LIEN.

PAGE.

SESSION LAWS — 1801, chap. 79— Injunction to prevent the execution of a
resolution ade pted by the votes of members worshipping at chapels connected with
a parent church-

where such practice has been acquiesced in for many years,
and no property rights are involved, equity will not interfere.
See DAVIE 0. HEAL.

517
1890, chap. 14, $ 206 — A8sessment for a local improvement in Roches-
ter it may be enforced against the deceased owner's personal estate although the
real property assessed has been sold therefor and bid in by the city, the title not
having become absolute.
See MATTER OF ELSNER..

207
1882, chap. 410, S 1458 — Nern York city magistrate jurisdiction of
disorderly conduct legislative power to make certain conduct an offense in
New York city but not elsewhere description of the offense in a warrant of
commitment misdemeanor under Penal Cede, S 675.
See PEOPLE EX REL, SMITH 0. VAN DE CARR..

9
1884, chap. 107, $ 9 Tax sale of property in the city of Rochester -
meaning of words sulject, however, to all the claims which the people of this
State may have thereon Jor taxes."
See CITY OF ROCHESTER V. KAPELL..

224
1890, chap. 565, $ 62 — Change of a railroad grade crossing the rem-
edy of a property owner injured thereby is by action and not by proceedings
under the Village Law.
See MATTER OF TORGE

211
1892, chap. 301 Taxpayer's action - the construction of a school build-
ing not enjoi ned upon purely technical objections extra allowance.
See LAWSON 0. LINCOLN..

217
1892, chap. 687, § 15 — Foreign stock corporations doing business in the
State of New York without a certificate right of, after «btaining a certificate,
to enforce a contract made before doing 80 - the acts on this subject are not retro-
active, or, if so, are unconstitutional.
See LEWIS PUBLISHING Co. v. LENZ..

451
1894. chap. 556, tit. 8, SS 8, 13, subd. 2 Form of notice of a special
meeting of the inhabitants of a school district called for the pui pose of authoriz-
ing the construction of a school building -the special meeting need not give spe-
cific directions concerning the schooi building.
See LAWSON v. LINCOLN....

217
1895, chap. 570 — Selling pools on a horse race when an indictment
therefor sufficiently states the crime and the acts constituting it - when it is not
defective for duplicity if the defendant is not advised with sufficient definite-
ness of the acts with which he is charged, he should apply for a bill of particulars.
See PEOPLE 0. CORBALIS..

531
1895, chap 1027 · Mileage book, tendered for the fare within the State
of New York on a trip, part of which was in another State and was paid for lry
a ticket purchased for thai distance - - a railroad company, the successor of one
having a right to fix its charges for transportation, is subject to the Mileage
Book Acts.
See HORTON O. ERIE RAILROAD Co.....

379
1896, chap. 112, $ 31, subd. g Evidence proof insufficient to sustain
a conviction of a bartender, of permitting persons, not servants or members of
his employer's family, to be present in a bar room on Sunday.
See PEOPLE v. Ryan....

524
1896, chap 547, $ 53 Will a direction that several shares of the
residue be depsited in bink and that a specified sum be paid therefrom to desig.
nated beneficiaries for life with provision over, sustained the surplus income,
if any, passes to the persone presumptively entitled to the next eventual estate.
See REEVES v. SNOOK

303

PAGE.

SESSION LAWS- Continued.

1896, chap. 547, § 241 Purchase-money mortgage - it has not priority
over a subsequent mortgage, first recorded, given to a creditor who, in considera-
tion thereof, extends the teme of payment of a pre-existing debt.
See O'BRIEN V. FLECKENSTEIN. (No. 3).......

140
- *1896, chap. 908, S-182-— Taization of a corporation paying more than
six per cent dividends basis of the ussessment - money invested in stocks and
bonds of other corporations, when it is and when it is not capital empleyed
within the State of New York capital in ercess of the capital stock.
• See PEOPLE EX REL. Com. CABLE Co. v. MORGAN..

577
1896, chap. 908, $ 220, subd. 5, $ 230 — Transfer tax date of payment
thereof determined by the exercise of a power of appointmentthe amendment of
1899 as to property " dependent upon contingencies or conditionsis inapplicable.
See MATTER OF HOWE...

286
1896, chap. 908, § 227 Transfer tax annuity to an executor and
trustee together with his commissions when, in the case of a life estate, the estate
in remainder is presently taxable.
See MAT'PER-OF HUBER..

458
1896, chap. 909, § 12 – Election - the appointment of election officials
by the mayor of a city cannot be reviewed by a justice under section 11 of the
Primary Election Lau.
See MATTER OF MCSHANE O. MURPHY... ...

566
1897, chap. 284 — Transfer tax - date of payment thereof determined by
the exercise of a power of appointment the amendment of 1899 as to property
' dependent upon contingencies or conditions" is inapplicable.
See MATTER OF HOWE...

286
1897, chap. 312 Evidence proof insufficient to sustain a conviction
of a bartender, of permitting persons, not servants or members of his employer's
family, to be present in a bar room on Sunday.
See PEOPLE v. RYAN..

524
1897, chap. 378, $ 1117 Attendance officers in the territory added to
the city of New York by chapter 378 of the Laws of 1897 they were not trans-
ferred to the educational system of the Greater New York.
See PEOPLE EX REL. FITZGERALD 0, BD. EDUCATION..

537
- 1897, chap. 414, $ 159 — Change of a railroad grade crossing the remedy
of a property owner injured thereby is by action and not by proceedings under
the Village Lau.
See MATTER OF TORGE..

211
1897, chap. 446 — Selling pools on a horse race when an indictment
therefor sufficiently states the crime and the acts constituting it when it is not
defective for duplicity - if the defendant is not advised with sufficient definite-
ness of the acts with which he is charged, he should apply for a bill of particulars.
Se PEOPLE 0.-CORBALIS.

531
1897, chip. 612, 5 51 - Pre-existing debt as a consideration for a note
it must constitute payment thereof or extend the time of payment in order to be
enforcible against an accommodation indorser.
See ROSEMAN 0. MAHONY....

377
1897, chap. 754 - Change of a railroad grade crossing the remedy of
a property owner injured thereby is by action and not by proceedings under the
Village L'iu.
See MATTER OF TORGE....

211
1898, chap. 577 Mileage book, tendered for the fare within the State of
New York on a trip, part of which was in another State and was paid for by a
ticket purchased for that distance - a railroad company, the successor of one
having a right to fix its charges for transportation, is subject to the Mileage Book
Acts:
See HORTON v. ERIE RAILROAD Co......

379
1899, chap. 76 Transfer tax date of payment thereof determined by
the exercise of a power of appointment - the amendment of 1899 as to property
' dependent upon contingencies or conditionsis inapplicable.
See MATTER OF HOWE....

286

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-

SESSION LAWS - Continued.

PAGE,
1899, chap. 370, § 21 Removal of a deputy tax commissioner in the
department of taxes and assessments of the city of New York he is not a
deputywithin the meaning of section 21 of the Civil Service Law, and cannot
be summarily removed.
See PEOPLE EX REL. RYAN 0. WELLS...

270
1899, chap. 370, 8 21 Civil service- a person employed to furnish
and drive a horse and wagon for the New York city department of public works
is not a

* person holding a position by appointment or employment."
See PEOPLE EX REL. SEIB 0. REDFIELD.

367
1899, chap. 451 — Banking - the statute authorizing a proceeding to
enforce payment, or the cancellation, of a lost certificate of deposit is unconstitu-
tional right to appeal from orders made thereunder.
See MATTER OF COOK ...

586
1899, chap 473, 8 11 Election the appointment of election officials
by the mayor of a city cannot be reviewed by a justice under section 11 of the
Primary Election Law.
See MATTER OF MCSHANE 0. MURPHY......

566
1901, chap. 68 — Change of a railroad grade crossing the remedy of a
property owner injured thereby is by action and not by proceedings under the
Village Lau.
See MATTER OF TORGE...

211
1901, chap. 95 — Election the appointment of election officials by the
mayor of a city cannot be reviewed by a justice under section 11 of the Primary
Election Law.
See MATTER OF MCSHANE 0. MURPHY.........

566
1901, chap. 171 Banking - the statute authorizing a proceeding to
enforce payment, or the cancellation, of a lost certificate of deposit is unconsti-
tutional -- right to appeal from orders made thereunder.
See MATTER OF COOK..

586
1901, chap. 409 - Surrogate -- his power to turn an accounting insti.
tuted by the executors of a deceased executor into a judicial settlement.
See MATTER OF FURNI88.....

96
1901, chap. 466, SS 300, 302– Trial of a member of the New York police
force the charges may be heard before a deputy and the sentence be fixed by the
police commissioner - where such sentence w.18 based on four charges sustained
by the deputy, two of which were not established by the proof, the Appellate
Division ordered a new trial.
See PEOPLE EX REL. REARDON 0. PARTRIDGE..

310
1901, chap. 466, § 685 — New York city- evidence insufficient to estab-
lish the desertion of a wife by her husband proof that the wife is likely to
become a public charge.
See PEOPLE v. CROUSE...

352
1901, chap. 466, § 1543 — Attendance officers in the territory added to
the city of New York by chapter 378 of the Laws of 1897 — they were not trans-
ferred to t'ie educational system of the Greater Nero York.
See PEOPLE EX REL. FITZGERALD v. BD. EDUCATION..

537
1901, chap. 503 — Banking the statute authorizing a proceeding to
enforce payment, or the cancellation, of a lost certificate of deposit is unconsti-
tutional right to appeal from orders made thereunder.
See MATTER OF Cook.....

586
1901, chap. 538 — Foreign stock cory tions doing business in the State
of New York without a certificate right of, after obtaining a certificate, to
enforce a contract made before doing 80 -the acts on this subject are not retro-
active, or, if 8"), are unconstitutional.
See Lewis PUBLISHING Co. v. LENZ.....

451
1902, chap. 270 Removal of a deputy tax commissioner in the depart-
ment of taxes and assessments of the city of New York he is not a deputy
within the meaning of section 21 of the Civil Service Law, and cannot be sume
marily removed.
See PEOPLE EX REL. RYAN v. WELLS...

270

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