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II, 313

I, 118

II, 313
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1, 699

I, 125
I, 129
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I, 137

II, 315
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I, 130

I, 148

II, 318

1, 120
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I, 329

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II, 319
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Ejectment, declaration, continued : PAGE. Elections, continued :

undivided shares.....

special, when held....

1, 117
estate of plaintiff to be stated, 11, 313

for how long.

I, 117, 125
several counts when joined.. II, 313

how ordered .
several plaintiffs.....

proclamation, etc. 1, 118, 125
how served ...

elections, how held..
duty of tenant if served on him,

ballot boxes ..

bribery, penalties for
rule to appear and plead.... II, 314 canvass of votes by inspectors.
authority of plaintiff's attorney,

by county canvassers
when to be produced, etc.. II, 314

by state canvassers..
pleadings, etc., by defendant, 11, 315 challenges...

I, 126, 127
right to possession sufficient, II, 315 clerks of elections, how appointed, 1, 125
ouster when to be proved.... II, 315

their duties.

1, 125, 129
verdict, provisions as to..

commitment by inspectors for mis-
suit not abated by death.

form of judgment ..

county clerk, duty of, notices, etc., i, 119
form of icrit of possession..

II, 317
other duties....

1, 135
costs, how collected of plaintiff. . II, 317 his compensation..

effect of judgment on verdict, II, 317 canvassers, duty of, as to notices of
ib, on default .

exceptions on judgment by de-

other duties
fault ...


I, 118, 120
new trials, when to be granted... II, 318

pay of officers
possession after recovery in new first judge, duty of, as to notices, etc.,
trial ......

I, 119, 148
evidence on new trial.

inspectors, who to be.....

1, 121, 123
damages to be recovered.

II, 319

their duties as to notices..... I, 121
mode of recovery..

ib. as to manner of conducting
plea and defense to.


I, 124, 126, 129
trial of issues, etc.

ib, as to forming board of county
facts to be proved by plaintiff, 11, 320

set-off by defendant...

maintaining order.
extent of recovery.

notice of...

I, 118, 120
assessing damages on default,

oaths to voters.

II, 320, 353 penalties for misconduct at elections,
proceedings on death of plain-

place of holding..
proceedings wheronction is brought poll lists...

I, 128, 129
to recover dover before admeasure-

secretary of state, duties of, as to no-
II, 320, 353 tices of elections.

1, 119
ib. where brought after..... II, 513

ib. prior to meeting of state can-
ib. when brought by landlord on
termination of tenancy at will,

ib. as one of the state canvass-

I, 696
ib. when for non-payment of

subsequent duties...

sherif', duty of, as to notices, I, 121, 148
proceedings, how stayed..

state canrassers, duties of, as to no-
lease, when annulled..

restoring premises to lessee.

other duties
relief in equity by lessee..

gaming tables, etc., at, prohibited, 1, 613
proceedings, etc., when brought by

in towns...
claimant of land, pursuant to no-

adjournment of courts during.
tice from occupant...

certificates of canvassers, I, 108, 133, 137
injunctions to stay ejectment, on Election of justices of the peace,
what terms allowed..

in new towns....
provisions applicable to eject-

classification of justices elected.. I, 101
ments in favor of the state, 1, 181 Electors of president

1, 132, 139
ib. when for escheated lands, 1, 255 college of....
Elections, to be free.

I, 85 formation and proceedings of college
state canvassers.

I, 94 of electors....
of state and county officers, repre-

of senators in congress.
sentatives in congress, etc., quali. Electors, qualification of..
fications, disabilities and privi-

disabilities of...
leges of electors.....

privileges of..
general elections, who to be chosen

mode of voting..

1, 117 Embankments for support of dams, mali-
when held..

ciously destroying.
for how long

1, 117, 125

or injuring...

I, 126

II, 320

I, 144
I, 123

vassers ...

1, 136

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II, 623

II, 523

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I, 82

II, 625
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II, 765

II, 382

II, 382

II, 766

II, 382
I, 217

II, 170

PAGE. Error, writ of, continued :
Embezzlement by clerks and servants, II, 698 writs to other courts, how returned,
of evidences of debt, not delivered,

returns, how compelled.......

II, 621
by carriers, of effects not separated, certioraris to certify variances, etc.,
Emigrants to be indentured...

proceedings on death of parties. . II, 622
Enactment of statutes...

also on marriage of female parties,
Enforcing awards
specific performance.. II, 56, 202

summons, etc., abolished.....
England, statutes of, not law since 1788,

judgments against executors, etc., II, 623

defendant to be notified, etc..., II, 623
English language, proceedings to be had judgments not to be reversed for cer-

tain causes.
Enticing away child under twelve..., II, 685 proceedings on issues of fact in er:
Entry on land, when valid as a claim, II, 304 ror
Entries to be made on land peaceably,

II, 624

forfeitures not incurred for acts

done under a decision afterward
proceedings when made forcibly, 11, 523 reversed...
[See Forcible entries and detainers.]

writ of, on decision of supreme court
Enumeration of inhabitants of states,

respecting warrants against ab.
when and how taken

sconding debtors....
Equalization of taxes.

I, 366 costs in...

in criminal cases..
[See Chancery, court of.]

how allowed in capital cases.....

II, 765
Equity of redemption, not to be sold on

operation of, in other cases.
certain executions ......

letting defendant to bail...

II, 765
description of mortgaged premises,

return to, proceedings on.. II, 765
when to be indorsed on execution,

order of supreme court, on affirmance,

II, 766
such execution how to be returned,

also on decision upon certiorari,
Erie canal, designated.

proceedings if new trial directed, 11, 766
declared to be completed.. 1, 218 Errors, court of...
[See Canals.]

Escapes, new execution may be issued on,
Erie, county of, named...

1, 80
to have two members of assembly, . sheriffs passing through other coun.

ties when not an escape...
supervisors of, when and where to actions for, against pheriffs and other

officers to be brought within one
Error, urit of, on orders vacating or af.


... II, 307
firming awards.

proceedings, etc., in such actions, 11, 453
on proceedings under habeas corpus,

defense in action on limit bond, when

brought by sheriff...
in civil cases to issue of course. . II, 612 proceedings in such action...

II, 453
by whom to be brought...

if the action be brought by as-
excuses for not joining all parties, II, 614

signee of bond

II, 455
proceedings to compel parties to of sheriffs, arrested by coroners, II, 462

from prison, aiding felons in.... II, 705
effect of omitting non-residents, etc.,

aiding other prisoners for crimes
II, 615

II, 705
admitting parties to join.....

aid by person to assist his own
striking out names of plaintiffs.. II, 616

against whom writ to be brought, II, 616 from officers aiding in.

II, 706
within what time to be brought, II, 616 officers suffering...

II, 706
by whom and when allowed...

II, 617

prisoners escaping to be retaken
proceedings how stayed by.

and confined
filing bond and certificate..

breaking state prison and escap-
bail in error, notice of, justifying,

ing ..

II, 707

breaking county jail and escap-
writ when to be superseded..

II, 620

when brought in ejectment, to stay

attempt to, by violence, by convict
action for mesne profits....... II, 620 in state prison.
proceedings in such case on affirm.

attempt to, by violence, by prisoner
ance of judgment, etc........ II, 620 in county jail.
form of writs to supreme court, how Escheated lands...

I, 254

II, 621 | Escheats, lands when to escheat.
return, when to be made.

such lands to be held by state, sub-
powers of court of errors...

II, 170
ject to trusts, etc.....

1, 666

II, 377

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1, 254


1, 674

ished ....

I, 675

I, 255
I, 80

I, 339

II, 84

I, 333
I, 336
I, 487

I, 673

I, 666
I, 666
I, 667
I, 688
I, 670
1, 670


I, 696

I, 696

I, 699
1, 670

I, 675

I, 671
I, 671

I, 676

I, 671
I, 671

Escheats, continued :

PAGE. | Estates, expectant estates, continued :
trusts, how executed, etc......... 1, 666

but may be defeated by
proceedings for the recovery of es-

means provided by grant-
cheated lands....
costs if defendant prevails... I, 181

certain expectant estates abol.
lands, if recovered, how disposed of,

estates for years, construction of cer-
Esser, county of, named.....

tain agreements in New York.. 1, 695
to have one member of assembly, I, 150

[See Landlord and tenant.]
supervisors of, where and when tó

to be chattels real..... 1, 671

bound by judgments and decrees,
torons in, may allow bounties for de-

II, 189, 371
stroying weeds...

not descendible,.....
may choose measurers..

contingent remainders on.... I, 673
ferries in...

estates for life as remainders on,
Essoigns and wagers of law, abolished, 11, 364
Estates in real property.

certain remainders on, how con.
tenure of..


I, 674
persons capable of holding, etc.

estates at will how terminated by no
mode of alienation...
creation and dirision of.

to be chattel interests

1, 671
enumeration of estates.

how reached by creditors in cer.
fee simple and fee simple absolute, I, 670

tain cases...
grants of, how executed, etc., I, 688 estates by sufferance .

I, 671, 696
word “heirs" not necessary to

estates in severalty, joint tenancy and
create ..

in common...
estates tail abolished.

accumulation of profits in land.... I, 075
remainders thereon when valid,


I, 681

U808 and trusts, certain, abolished, 1, 676
freeholds. .....

every interest in lands, a legal
grants of, how executed, etc.. I, 688

right, except, etc...
chattels real..

[See Uses and trusts.]
chattel interests,

existing estates how far affected
certain limitations applicable to,

by Chapter I of Part II ....

what estates descendible.
estates for life, of third person, when

what devisable...... II, 59
a freehold...

1, 671 Evidence conclusive,
not descendible

probate of wills, as to personal prop-
remainders upon..

erty, until, etc...

II, 61
successive, limitations of.... I, 672 certain set-offs established against

remainders upon.... I, 672, 673 executors and administrators... I, 367
heirs of tenant for life, when to

printed volumes of revised statutes,
take as purchasers.....
proceedings to discover the death letters testamentary and of adminis-
of persons on whose lives they


such persons when deemed dead,

certain grants, of title in state, 1, 255

fence viewers' certificate as tu
in dower.....

injury by dogs ....
[See Dower.]

absence beyond sea, etc., pre-
estates in possession or expectancy, 1, 671

sumptive evidence of death,
definition thereof...
expectant estates descendible, devisa-

entries in justices' book of min-
ble and alienable

utes ....
tiine of their creation.

notaries' protests, etc., in certain
how created ..
when termed remainders

notes or memorandums made by
[ See Remainders and Reversions.]

them ...
when vested, when contingent,

certificates of sheriffs' sales, and

certified copies ....
when void ...

affidavits, etc., filed with deposi.
power of alienation in, suspen-

tions taken to perpetuate tes-
sion of....

two or more in alternative

of publication of notices filed
not void because improbable, 1, 673

pursuant to law ...
posthumous children, when to

of sale of real estate
take or defeat....

certificate of loss of papers.. II, 573
not to be defeated by own-

certain conveyances presumed
ers of precedent estate, I, 674

fraudulent, etc...... 1, 67, 11, 137

I, 672

1, 701
I, 702

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1, 713

I, 102
I, 108

I, 380

1, 668

II, 420
II, 420
II, 421
II, 421

I, 170

I, 712

II, 425

II, 425

II, 39
II, 39
II, 277

II, 425

II, 412

II, 422

II, 412

II, 422

II, 413

II, 422

1, 710

II, 424

I, 616

Evidence written.

PAGE., Evidence, etc., continued :
public documents and records,

proof of deeds, when witnesses
certificates of drawing, etc., of

are dead..
justices of the peace,. .

certificates and affidavits, in
of canvassers of votes.

cases of limited partnerships, 1, 717
comptroller's certificates and

wills, records and transcripts,

II, 60, 82
records of licenses to lottery ven.

inventories of executors, etc., II, 468

621 preservation of written evidence,
certificate of secretary of state

affidavits of publishing notices,
to resident alien ..
treasurer's receipt to be counter-

of sales of real estate

private papers
laws published in state paper..... I, 184

in volumes by state printer.. I, 184

certificate of search for papers, 11, 573
revised statutes..

1, 74 oral testimony,
records of conveyances and trans-

witnesses what religious belief neces-
cripts thereof.

discharges of insolvent debtors,

noi to be required to declare be-
records and transcripts..

ib. assignments..

but belief or unbelief to be
justices' docket book, etc..

affidavits taken in other states,

may be compelled to answer

questions subjecting to civil
records and proceedings of for-

eign courts, etc....

ministers not to disclose certain
ib. Of courts in others of the

United States ...

physicians not to disclose certain
exemplifications of records, etc.

of conveyances.

corporators against their corpo
of wills

II, 60, 61,

of records and papers made by

persons betting, gaming, etc.,
county clerks... I, 350, II, 420

against accomplices
of records and proceedings in

creditor competent to will... II, 58
foreign countries..

plaintiff or his attorney when
office copies certified,

demand has been brought for
by secretary of state. I, 166, 668

of certain accounts by comp-

ib. in justice's court
troller ....

persons within this state, when
by comptroller or surveyor-gen-

and how examined condition.

of certain canal maps.

testimony of, out of this state,
by town clerk...

when and how taken on com-
by same, as clerk of school com.

mission ...
missioners ..

devisee or legatee, to execution
by county clerk.

of will
of certificate or entry of mar-

attendance of witnesses, how com-

mode of certifying

to prove deed before officer... 1, 710
when to be attested by seal.. II, 420

to prove will before surrogate,
judicial proceedings,

return by sheriff on comptrol.

to have their testimony taken
ler's notification.

depositions taken on proof of

to appear before commissioners
will ..

issued from courts of other
answers to bills in chancery, II, 181

certificates of sheriffs' sales, etc.,

before officer when no com-

mission is issued...... II, 414
had in other states and in for.

ib. to have testimony perpetu-
eign countries....
depositions taken in this state

courts of record may issue sub-
to be used in other states and

pænas ..

subpænas, how served
depositions in perpetuam rei me-

ib. in justices' courts........

penalties on witnesses disobey.
deeds and other prirate instruments,

ing subpænas.
conveyances acknowledged or

mode of enforcing...

penalties, etc., in justices courts,
ib, of treasurer of Connecticut, 1, 711

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II, 418
II, 419
II, 419

II, 731
II, 732

I, 624

II, 733
II, 733

II, 422
II, 440
II, 446

II, 149
II, 151
II, 153

II, 181

II, 440
II, 440
II, 440
II, 760
II, 760
II, 760
II, 760

II, 207

II, 423

II, 365

II, 369
II, 260

I, 631
I, 632
I, 633

Evidence, etc., continued :
PAGE. Evidence, etc., continued :

privileges of witnesses,


II, 424
witnesses when exempt from ar Examination of prisoners,

by what officers to be made
how discharged therefrom

proceedings therein ..
penalties for arresting ..

when prisoners to be discharged, I, 732
Hoidence in particular cases,

when to be committed or bailed.. II, 733
in prosecutions under law concern.

examinations, etc., when to be certi.
ing raffling and lotteries .....

fied ....
in actions for use and occupation. I, 698

how compelled
of execution of conveyances.. 1, 710 Eraminers in chancery... 1, 87, II, 293
of execution of wills of land.... II, 58 Examination of witnesses .
of wills of personal estate ...... II, 61 Exceptions, bills of, in civil cases
in chancery, on bills to annul a mar-

when made, and how ...
riage ...

not to prevent motion to set aside
ib, for a divorce ...

ib. for a limited divorce

how certified and returned.
ib. to set aside fraudulent judgment, subsequent proceedings...

bills of, in criminal cases.
of authority to bring ejectment .. II, 314 may be filed by defendants.

upon merits in such action. . II, 315 when proceeding stayed by..
upon new trial therein...... II, 318 proceedings on..
upon suggestion for mesne prof. Excessive bail, not to be required. I, 85
II, 319 Exchange, bills of .

I, 721
books, papers, etc., produced under

rate of, when taken into account in
order of supreme court

estimating damages on bills... I, 724
under notice with general issue... II, 364 acceptance of bills...

1, 722
under general issue in certain cases, II, 365 recovery on lost bills
under certain replications.......

of lands, dower in case of.

1, 691
upon assessment of damages on de Excise, who commissioners of, in towns, I, 631

their powers and duties...
in justices' courts

fee for licenses...
as to commencement of suit in sup-

for bond....
port of plea of statute of limita. money, in certain counties to be paid
tions ...

to county treasurer.. 1, 571, 636
as to lost instruments..

executions for penalties under excise
consideration of sealed instruments,

law out of justices' courts...., II, 268

defendant how imprisoned there-
certain variances may be disregarded,


[See Taverns and groceries.]
confessions of members of corpora Execution, warrant for...

tions how far evidence..... II, 424 Executions,
that official papers cannot be found,

out of chancery.

ib. for satisfaction of mortgage.. II, 199
of special matters under general

in ejectment..
issue in actions relating to distress

in partition..
for rent..

in other suits relating to land

II, 353
certificate of conviction before special

not to be avoided by feigned recov.
sessions, to be...

minutes of courts, to be evidence of

in personal actions..

may issue within two years after
agreement to withhold corruptly,

II, 711, 714

like executions may issue at
commissions to take

same time to different counties
in particular criminal cases,
on charge of receiving stolen

but not different executions. . II, 377
property ....

when body taken, no other exe-
conviction of principal not

cution to issue, except, etc., II, 377

direction to collect interest,. . II, 377
nor on charge of compounding

indorsement of receipt of execu-

tion ...
of overt acts, necessary in trea-

executions against sheriffs. . II, 377

against executors and adminis-
of overt acts in certain cases of


11, 90, 120, 376

against joint debtors...
in cases of rape, etc.

in actions on bonds for perform-
administration of oaths and affirma-

ance of covenants........ II, 393

against defendant after surren.
general mode of swearing . . II, 424


II, 308
II, 423

II, 423

II, 268

II, 423

II, 678

II, 100

II, 573

II, 317
II, 338

II, 520

II, 742

II, 351
· II, 376

II, 763

II, 376

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