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1897, p. 404, ch.
1117

378, §

578

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1628

855

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316

1639

1041

Greater New York.

Laws

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354

465, 543

1763 (3)

519

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1788

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355

465

S$ 1835, 1836.

289 Greater New York.

Laws

§ 2140

$ 2429

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Amended by Laws 1893,
p. 361, ch. 204; Laws
1897, p. 1150, ch. 784.. 781
1862, p. 970, ch. 484.
Amended by Laws 1894,
p. 1871, ch. 750; Laws
1896, p. 978, ch. 748....
1869, p. 40, ch. 22, § 17.. 583
1877, p. 492, ch. 436... 1025
1880, p. 367, ch. 245.....1012
1882, p. 351, ch. 410, §

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§ 2434

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1884, p. 254, ch. 201.

690

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1901, p. 186, ch. 466, §

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304

1887, p. 579, ch. 464.

760

2611

941

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Greater New York. Laws
1901, pp. 207, 210, ch.
466, §§ 469, 473..

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Greater New York. Laws

1890, p. 1066, ch. 564, §

§ 2818

192

1901, p. 279, ch. 466, §

54.

Amended by Laws

§ 2877

174

685

688

1901, p. 971, ch. 354... 907

133

1890, p. 1083, ch. 565.
Amended by Laws 1892,
p. 1383, ch. 676, § 2,
subd. 13
1890, p. 1087, ch. 565, §
11
225. 229
1890, p. 1087, ch. 565, §
12. Amended by Laws
1892, p. 1382, ch. 676.. 443
1890, p. 1095, ch. 565, §

36. Amended by Laws
1898, p. 1174, ch. 466.. 443
1890, p. 1096, ch. 565, §

39

1890, p. 1101, ch. 565, §
53

1890, p. 1111, ch. 565, §
95
1890. pp. 1113, 1114, ch.
565, §§ 101, 104..
1890. p. 1152, ch. 566, §
103

589

421

494

589

516

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443

133

1892, p. 1382, ch. 676.
1892, p. 1383, ch. 676, § 2,
subd. 13
1892, p. 1691, ch. 683, §
57. Amended by Laws
1900, p. 1583, ch. 737.. 706
1892, p. 1749, ch. 686, §

19. Amended by Laws
1898, p. 1013, ch. 349;
Laws 1900, p. 932, ch.
400; Laws 1905, p. 1156,
ch. 496
1892, p. 1805, ch. 6S7, S

15

1892, p. 1835, ch. 688, §

130

646

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and 146 New York State Reporter

1894, p. 1889, ch. 752, §
47. Amended by Laws
1895, p. 912, ch. 519, §

619

20
1894, p. 1896, ch. 752, §
62
619
1895, p. 912, ch. 519, § 20 619
774
1895, p. 2067, ch. 1018.
1896, p. 45, ch. 112.
Amended by Laws 1908,
p. 406, ch. 144..
1896, p. 59, ch. 112, § 17 955
1896, p. 60, ch. 112, § 17,
subd. 8. Amended by

Laws 1908, p. 414, ch.

144

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955

4
1897, p. 404, ch. 378, §
1117
1897, p. 422, ch. 414, §

578

951

951

166. Amended by Laws
1907, p. 61, ch. 44.
1897, p. 440, ch. 414, § 260 127
1897, p. 453, ch. 414, § 322 105
1897, p. 467, ch. 415, §§

932

18. 19

960

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1896, p. 61, ch. 112, § 18 955
1896, p. 62, ch. 112, § 19.
Amended by Laws 1897,
p. 222, ch. 312...
1896, p. 65, ch. 112, § 21.
Amended by Laws 1901,
p. 1538, ch. 640..
1896, p. 65, ch. 112, § 23.
Amended by Laws 1905,
p. 1735, ch. 680.
1896, p. 67, ch. 112, § 25.
Amended by Laws 1903,
p. 1122, ch. 486.
1896, p. 73, ch. 112, § 31.
Amended by Laws 1903,
p. 1129, ch. 486...
1896, p. 75, ch. 112, § 34.
Amended by Laws 1908,
p. 1046, ch. 350.
951
1896, p. 215, ch. 272. 1118
1896, p. 227, ch. 272, § 63 282
1896, p. 227, ch. 272, § 64 611
1896, p. 315, ch. 371.
1896, p. 564, ch. 547, §
30
310, 1017
1896, p. 564. ch. 547, § 31 1017
1896, pp. 573, 574, ch.
547, §§ 85, 87.
565
1896, p. 574, ch. 547, § 91 197
1896, p. 582, ch. 547, §
146
1896, p. 603, ch. 547. § 225
397, 486, 993
1896, p. 795, ch. 908, § 43 165
1896, p. 856, ch. 908, § 181 646
1896, p. 869, ch. 908, §
221. Amended by Laws
1905, p. 829, ch. 368... 611
1896, p. 874, ch. 908. §
Amended by Laws
1900, p. 1438, ch. 658. §
1; Laws 1901, p. 380,
ch. 173; Laws 1905. p.
827, ch. 368; Laws 1906,
p. 1495, ch. 567.
1896, p. 894, ch. 909, § 3.
Amended by Laws 1901,
p. 1668, ch. 654.
1896, p. 900, ch. 909, § 11,
subd. 1. Amended by
Laws 1901, p. 238, ch.

230.

95

192

1897, p. 468, ch. 415, § 20.

Amended by Laws 1899,
p. 351, ch. 192..
1897, p. 508, ch. 417, § 3.. 811
1897, p. 518, ch. 418, § 9
287, 980
1897, p. 523, ch. 418, § 18,

subd. 4.
640
1897, p. 724, ch. 612, § 28 S4
1897, pp. 736-738, ch. 612,
$$ 132-134, 142, 144.... 802
1897, p. 739, ch. 612, §

160
.1040
1897, p. 756, ch. 612, § 322 559
1897, p. 794, ch. 754..
997
1897, p. 1150, ch. 784. 781
1898, p. 343, ch. 179, § 6 339
1898, pp. 349, 352, ch. 179,
$$ 8, 10..
664, 693
1898, p. 377, ch. 182, § 30.
Amended by Laws 1901,
p. 1355, ch. 552....225, 229
1898, p. 960, ch. 335.
1898, p. 1013, ch. 349...
1898, p. 1174, ch. 466.
1899, p. 351, ch. 192.
1899, p. 795, ch. 370.
1899, p. 809, ch. 370, § 21.
Amended by Laws 1902,
p. 804, ch. 270; Laws
1904, p. 1694, ch. 697.. 695
1899, p. 968, ch. 473....67, 71
1899, p. 991, ch. 473, § 9 71
1899, p. 993, ch. 473, § 10
1899, p. 995, ch. 473, § 11
1899, p. 1380, ch. 630.

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619

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11

1900, p. 1605, ch. 751.... 578 | 1901, p. 971, ch. 354..... 907 | 1903, p. 1122, ch. 486, §
1900, p. 1607, ch. 751, § 4 4 1901, p. 1355, ch. 552.
1901, p. 137, ch. 466, § 317 316
1901, p. 153, ch. 466, § 354

465, 543
1901, p. 154, ch. 466, § 355 465
1901, p. 157, ch. 466, § 357 543
1901, p. 186, ch. 466, § 419 304
1901, pp. 207, 210, ch. 466,
$$ 469, 473..
813
1901, p. 232, ch. 95. .67, 71
1901, p. 238, ch. 95, § 11,
subd. 1.
332
1901, p. 279, ch. 466, § 685 688
1901, p. 380, ch. 173.. 695
1901, p. 419, ch. 466, § 990 858
1901, p. 425, ch. 466. §

998. Amended by Laws
1904, p. 1885, ch. 736, §
1

225, 229
1901, p. 1423, ch. 587, § 1 619
1901, p. 1538, ch. 640.... 955
1901, p. 1668, ch. 654. 657
1902, p. 804, ch. 270. 695
1902, p. 1498, ch. 580, §
26
1902, p. 1557, ch. 580, §
230
1902, p. 1561, ch. 580, §§
248, 249.
1902, p. 1562, ch. 580, §
253
1902, p. 1562, ch. 580, §
253. Amended by Laws
1907, p. 554, ch. 304.
1902, p. 1562, ch. 580, §§
253-256
1902, p. 1563, ch.

695

951
1903, p. 1129, ch. 486, § 31 955
1904, p. 141, ch. 70.....67, 71
1904, p. 1694, ch. 697.
1904, p. 1885, ch. 736, §
1
1905, p. 827, ch. 368..
1905, p. 829, ch. 368, § 221 611
1905, p. 1156, ch. 496.

619
695

89

130

.1038

1905, p. 1735, ch. 680.

951

89

1905, p. 2102, ch. 740, § 1 428
1906, p. 114, ch. 67.

431

666

1906, pp. 773, 786, 796. ch.
326, &$ 14, 28, 34.

254

1906, p. 1439, ch. 527. § 1 485

89

1906, p. 1442, ch. 527, § 9 690
1906, p. 1495, ch. 567.... 695

1907, p. 61, ch. 44..

932

89

1907, p. 554, ch. 304..

89

580, 8

1907, p. 888, ch. 428.

127

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1901. p. 602,
1409

ch. 466. §

.316. 368, 702

1902. p. 1578, ch.

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1901, p. 605,

ch. 466, §

310

466

1414
1901, p. 639, ch. 466, §
1549

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311
1902, p. 1587, ch. 580, §
334
466
1902, p. 1748, ch. 600. 684
1903, p. 239, ch. 87, § 1.. 811
1903, p. 334, ch. 147, § 3.
Amended by Laws 1905,
p. 2102, ch. 740. § 1.... 428
1903, p. 747, ch. 371, § 36 936

89

1907, pp. 903, 911, ch. 429,
§§ 25, 38
1907, p. 930, ch. 429, § 82 341
1907, p. 1711, ch. 732, §
18
1907, p. 2356, ch. 755, §§
781
476, 477
1908, p. 406, ch. 144..475, 502
1908, p. 414, ch. 144, § 17,
subd. 8.
1908, p. 462, ch. 166.
1908, p. 1046, ch. 350.
1908, p. 1221, ch. 429.
1908, p. 1221, ch. 429, § 1 374
1908, p. 1872, ch. 506.... 154

705

1093

.338, 385

659

951

381

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Laws 1894, p. 1873, c. 752, amending_the
rapid transit act of 1891 (Laws 1891, p. 3. c.
4), held not to have enlarged New York City's
governmental powers, but to have made it a
railroad corporation for certain purposes.-In re
Board of Rapid Transit Com'rs (Sup.) 619.
§ 2. Regulation and operation.

In an action against a street railway for
damages from a collision with plaintiff's wagon,
a judgment for plaintiff held unauthorized by
the evidence.-Bang v. New York & Q. C. Ry.
Co. (Sup.) 530.

*In an action for injuries to a child struck
by a street car, a rule of the company regulating
the conduct of motorman held admissible on
the issue of his negligence.-Sullivan v. Rich-
mond Light & R. Co. (Sup.) 648.

§ 87. The conditions stated under which a
street railroad would be liable for injuries re-
sulting from frightening the horse drawing a
passing vehicle by sounding the gong, or by
suddenly increasing speed so as to cause a col-
lision with the vehicle.-Sauter v. International
Ry. Co. (Sup.) 863.

$ 79. Evidence held not to establish a street
railway company's liability for injury caused by
a team falling into an excavation extending un-

*Point annotated. See syllabus.

and 146 New York State Reporter

der its track, but not constructed by it.-New
York Mail Co. v. Joline (Sup.) 1067.

STREETS.

See Highways; Municipal Corporations, §§ 3,
5. 6.

SURVIVORSHIP.

Evidence, see Death, § 1.

Of devisees or legatees, see Wills, § 3.

SUSPENSION.

Condemnation of land for, see Eminent Domain, Of benefit insurance, see Insurance, § 10.

§ 1.

Construction of deed as to street boundary, see
Deeds, § 1.

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TAXATION.

Assessments for municipal improvements, see
Municipal Corporations, § 3.
License taxes, see Licenses, § 1.

Municipal taxes, see Municipal Corporations § 7.
Occupation taxes, see Intoxicating Liquors, § 3.
Taxes as claim against estate of decedent, see
Executors and Administrators, § 3.

Taxes on premises demised, see Landlord and
Tenant, § 3.

§ 1. Levy and assessment.

Under Tax Law, section 43, added to LawS
1896, p. 795, c. 908, by Laws 1899, p. 1591,
c. 712, requiring every person, etc., to make a
written report to the State Board of Tax Com
missioners of all franchises, etc., a corporation
which is required to make such reports may not
enjoin the commissioners from permitting an in-
spection thereof by others.-American Dist.
Telegraph Co. v. Woodbury (Sup.) 165.

*In determining the value of property for
taxation, based principally on its earnings, the
average earnings and expenses for a series of
years, or for such time as is reasonably avail-
able, must be considered.-People v. State Board
of Tax Com'rs (Sup.) 392.

*The value of a franchise should be ascer
tained in the same manner as the value of any
other property, so far as its nature permits.-
People v. State Board of Tax Com'rs (Sup.)
392.

*In ascertaining a special franchise tax
against a water company, the classes of prop-
erty owned by the company must be considered
as contributing pro rata according to their re
spective values.-People v. State Board of Tax
Com'rs (Sup.) 392.

*The intangible property of a water company
possessing no exclusive right to occupy the
streets of a city is given a value for taxation
because it is supposed to be earning an income,
and when the company's earnings bring no ade-
quate return, with good management, such in-
tangible rights have but little value.-People v.
State Board of Tax Com'rs (Sup.) 392.

*The value of the property of a water com-
pany, especially its franchise and good will.
cannot be ascertained until the franchise tax
and all other taxes and a proper replacement
fund have been deducted from the current earn-
ings.-People v. State Board of Tax Com'rs
(Sup.) 392.

*The manner of determining the value of the
intangible property of a water company for the
assessment of the franchise tax determined.-
People v. State Board of Tax Com'rs (Sup.)
392.

*Point annotated. See syllabus.

a

contract invalid.-Wayne-Monroe Telephone Co.
v. Ontario Telephone Co. (Sup.) 424.

*A street railroad company subject to
franchise tax under General Railroad Law
(Laws 1890, p. 1111, c. 565), § 95, is not liable
*A contract between two telephone companies
for receipts derived from its operation under for the purpose of giving them mutual con-
trackage agreements over tracks built and owned nection in noncompetitive territory, which on-
by other companies.-City of New York v. Fully incidentally prevented competition between
ton St. R. Co. (Sup.) 494.

Assessors, in preparing an assessment roll,
held to have substantially complied with Mt.
Vernon City Charter, § 135.-Wilcox v. City &
County Contract Co. (Sup.) 532.

§ 2. Legacy, inheritance, and transfer
taxes.

*Money deposited by father in bank in trust
for his son, the gift to take effect on his death,
held subject to transfer tax.-In re Pierce's Es-
tate (Sur.) 594.

The widow of an adopted son of a testator,
who by the provisions of Domestic Relations
Law (Laws 1896, p. 227, c. 272) § 64, was a
son of testator. held the widow of a son, within
the meaning of Transfer Tax Law (Laws 1896,
p. 869, c. 908) § 221, as amended by Laws
1905, p. 829, c. 368.-In re Duryea's Estate
(Sup.) 611; Angus v. Comptroller of State of
New York. Id.

them, held not invalid as against public policy.-
Wayne-Monroe Telephone Co. v. Ontario Tele-
phone Co. (Sup.) 424.

§ 2. Regulation and operation.

Facts held not to make a telegraph company
liable for a penalty under Transportation Cor-
porations Law (Laws 1890, p. 1152, c. 566,
§ 103), for refusal to take message.-Petze v.
Western Union Telegraph Co. (Sup.) 516.

§ 33. A telephone company held not entitled
to repudiate the part of its agreement with a
city limiting its rates on the ground that the
city was not authorized to make it.-Buffalo
Merchants' Delivery Co. v. Frontier Telephone
Co. (Sup.) 862.

§ 33. A private citizen, contracting with a
telephone company for service at a different
rate than that prescribed by its franchise, held
not entitled to repudiate his contract and de-
mand service according to the franchise.-Buf-
falo Merchants' Delivery Co. v. Frontier Tele-
phone Co. (Sup.) 862.

*Under Tax Law (Laws 1896. p. 874, c. 908)
§ 230, as amended by Laws 1900, p. 1438. c.
658, § 1, Laws 1901, p. 380, c. 173, Laws 1905,
p. 827, c. 368, and Laws 1906, p. 1495, c. 567,
in effect permitting the State Comptroller to
appoint and remove at pleasure two transfer
tax appraisers in Kings and other counties, and
Laws 1888, p. 162, c. 119, and Laws 1892, p.
1117, c. 577, repealed and substantially re-
enacted by Civil Service Law (Laws 1899, p.
809. c. 370) § 21, afterwards amended by Laws
1902, p. 804, c. 270, and Laws 1904, p. 1694. Of interest on mortgage, see Mortgages, § 4.
c. 697, held, that Laws 1900, p. 1438, c. 658,
authorized the removal by the State Comp-
troller, without hearing or charges, of a vol-
unteer fireman appointed transfer tax appraiser.

TEMPORARY ADMINISTRATORS.

Right to commissions, see Executors and Ad-
ministrators, § 7.

TENDER.

TENEMENT HOUSES.

notwithstanding the provisions of section 21 of Regulation, see Municipal Corporations, § 4.
the civil service law, prohibiting the removal

of such persons except on hearing and charges.
-People v. Glynn (Sup.) 695.

$ 861. Where an estate created by a will vest-

TERMS.

ed before the transfer tax statutes were enacted. Of leases, see Landlord and Tenant, § 2.
no tax can be imposed thereon.-In re Haggerty
(Sup.) 1017.

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*A contract between two telephone companies
not being contrary to public policy as
venting competition, the sale of the lines of one
of them to a third company, whose field of oper-
ations made it an active competitor of the re-
maining company, did not render the original

TESTAMENTARY POWERS.

Construction and execution, see Powers, § 2.

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For particular acts in or incidental to judicial
proceedings.

Filing record on appeal, see Appeal, § 3.
*Point annotated. See syllabus.

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