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CHAMBER; see State Law, § 41.

DISTRICTS, SCHOOL MONEY TO; see Consolidated School Law, § 22.

DISTRICTS; see Election Law.

DOCUMENTS AND PRINTING; see Executive Law, §§ 7, 72; Legislative Law, §§ 46, 47, 70, 73-75, 78.

ELECTION OF UNITED STATES SENATOR; see Election.

IMPEACHMENT BY; see Constitution, § 84; Court for Trial of Impeachments.

JOINT BALLOT; see Common Schools, § 2.

OATH OF MEMBERS; see Public Officers Law, § 10.

POWERS; see Legislative Law.

SPEAKER OF; see Public Buildings Law, § 2; Public Officers Law, §10; State Treasurer, $2.

See also Legislative Law.

ON BANKS; see Banking Law, § 7.

COLLECTION OF; see Chattels, § 2.

ASSESSMENTS.

CORRECTING ERRORS IN; see County Law, SS 15, 16.

ON CERTAIN CORPORATIONS; see Banking Law, § 194.

OF DAMAGES FOR OPENING HIGHWAYS; see Highway Law, § 84.

FOR DRAINAGE; see Drainage, §§ 8, 10, 11, 13, 19, 27, 28, 30, 54, 56, 65, 66, 68.

OF EXPENSES FOR DESTROYING DISEASED FRUIT TREES; see Agricultural Law, § 84.

OF LABOR ON ROADS; see Highways, etc.; County Law, § 74.

LAND EXEMPT FROM; see Cemeteries, etc., §§ 4, 5; State Law, § 37e.

ON MEMBERS OF MUTUAL INSURANCE COMPANIES; see Insurance Law, §§ 206, 210, 211, 268, 269.

OF MONEYS FOR COUNTY ROADS; see Highway Law, § 56.

FOR POLITICAL PURPOSES; see Civil Service, §§ 2, 10, 11; Election Law, § 248; Political Assessments.

ON PREMIUM NOTES; see Corporations, § 111.

ON PROPERTY OF ABSCONDING PERSONS; see Poor, § 153.

OF PROPERTY FOR TAXES; see Tax Law.

FOR PUBLIC IMPROVEMENTS; see Town Law, § 261.

ON PUBLIC LANDS; see Public Lands Law, § 20.

ROLLS; see County Law, § 37; Legislative Law, § 48c.

OF SCHOOL COMMISSIONER'S SALARY ON TOWNS; see Consolidated School Law, §§ 62, 63.
FOR SEWERS; see Villages, § 52.

ON STOCKHOLDERS; see Stockholders.

FOR STREETS; see County Law, § 71.

See also Assessment of Damages; Tax Law.

ASSESSMENT OF DAMAGES.

1 Writ defined. The writ, heretofore known as the writ of ad quod damnum, Code Civ. Pro., shall hereafter be styled the writ of assessment of damages. § 2103.

2 When granted. Whenever the governor of the state is authorized by law, to take possession of any real property within the state, for the use of the people of the state, and he cannot agree with the owner or owners thereof for its purchase, he may cause application to be made to the supreme court, at a special term thereof, for a writ of assessment of damages, which must be granted accordingly. Code Civ. Pro., § 2104.

96 N. Y. 234.

3 Application, by whom to be made. The attorney-general, or the districtattorney of the county in which the real property is situated, must, when the governor so directs, make the application, in the name of the governor; and must conduct the subsequent proceedings, under the governor's direction. Code Civ. Pro., § 2105.

4 Writ, to whom directed. The writ must be directed to the sheriff of the county in which the real property to be taken is situated, unless the court directs the damages for the taking to be assessed by a jury of another county; in which case, the writ must be issued to the sheriff of the county, from which the jury is directed to be taken. Code Civ. Pro., § 2106.

5 Contents of writ. The writ must describe the real property to be taken, with the like certainty as is required in a complaint in an action of ejectment. It must command the sheriff, to whom it is directed, to inquire, by the oaths of

twelve men of his county, qualified to act as trial jurors in a court of record, whether the owner or owners of the real property, or any of them, will sustain any damages by the taking thereof, for the use of the people of the state; and, if so, the amount thereof; and that he return the writ to the supreme court, without delay, with the finding of the jury thereupon. Code Civ. Pro., § 2107. See Real Property, § 318.

6 Notice of execution of writ. The sheriff, immediately after the delivery of the writ to him, must give notice of the time when, and the place where, the writ will be executed, by publishing the notice, once in each week, for at least three successive weeks, in a newspaper printed in his county. Code Civ. Pro., § 2108.

7 Jury; how procured. The sheriff must notify twelve men of his county, qualified to act as trial jurors in a court of record, to attend at the time and place, and for the purpose specified in the notice. Each juror must be notified, as a juror is notified to attend a trial term of the supreme court. Upon his failure to attend, when duly notified, his attendance may be compelled by attachment, and proceedings may be taken against him, and he may be punished thereupon, by the supreme court, as where a juror, duly notified, fails to attend at a trial term thereof. The sheriff may require the attendance of a talesman, in place of a juror notified and not appearing; or he may adjourn the proceedings, for the purpose of punishing the defaulting juror, or compelling his attendance. Code Civ. Pro., § 2109, as am'd L. 1895, c. 946.

8 Oath to be administered. When a jury has been procured, the sheriff must, before the jurors proceed to the inquiry commanded by the writ, administer to each of them an oath, that he will diligently inquire concerning the matters specified in the writ, and will give a true verdict, according to the best of his judgment, without favor or partiality. Code Civ. Pro., § 2110.

9 Proceedings before jury; testimony; separate parcels; disagreement; inquisition; filing. After being sworn as prescribed in the last section, the jury must view all the real property described in the writ, and consider the value thereof. They may, in the discretion of a majority of them, hear such testimony as may be offered by any person appearing, respecting the value. They must thereupon assess the damages, which the owner or owners of the real property will sustain, by being deprived thereof. When the real property consists of two or more distinct parcels, owned, or claimed to be owned, by different persons, the jury must assess separately the value of each distinct parcel, if the writ requires them so to do, or if a majority of them think proper so to do. If they cannot agree, after a reasonable time, the sheriff may discharge them, and publish a new notice, and procure a new jury. When the jurors have agreed, they must make an inquisition, stating the sum to be paid, by the people of the state, for taking each distinct parcel, or the whole, as the case requires. The inquisition must be signed by each juror, and by the sheriff; and the sheriff must immediately thereafter file the inquisition and the writ, with his return to the writ, in the office of the clerk of the county in which the real property is situated. Code Civ. Pro., § 2111.

1 Barb. 24; 3 Johns. Cas. 107.

10 Notice of motion to confirm or set aside inquisition. Within three months after the writ, and the return thereto, with the inquisition thereupon, have been filed, as prescribed in the last section, the attorney-general, or district-attorney, having charge of the proceedings, must cause to be published, a notice, directed, generally, to all the owners and persons interested in the real property; describing the property, in general and concise terms; stating when and where the writ, return, and inquisition were filed; and requiring the persons notified to show cause, at a special term of the supreme court, to be held at a time and at a place specified in the notice, why the inquisition should not be confirmed; or, if the governor so directs, why the inquisition should not be set aside. The notice must be published, at least once in each week, for three successive weeks,

in a newspaper printed in the county, and also in the newspaper printed at Albany, in which legal notices are required to be published. Code Civ. Pro., § 2112.

11 Hearing; order setting aside whole or part. At the time and place specified in the notice, the court must examine into the inquisition, and hear such allegations, and affidavits, or other written proofs, as may be presented in behalf of the people, or any owner, or person interested. If the court then, or at the time and place to which the matter is adjourned, determines that the inquisition is, in any respect, excessive, unjust, or otherwise materially defective, it may set aside the whole or any part thereof; and may direct that another writ issue, or another inquisition be taken, to supply the defects. Code Civ. Pro., § 2113.

12 Order of confirmation. If it appears to the court, that the writ has been duly executed, an order must be made, and entered in the office of the clerk of the county, in which the real property to be taken is situated, declaring that the people of the state, upon paying into court the amount of the damages assessed by the inquisition, shall be entitled to an absolute estate in the real property described in the writ, and in the appurtenances belonging thereto. Code Civ. Pro., § 2114.

7 Johns. 541; 65 N. Y. St. R. 135.

13 State treasurer to pay damages, etc., to governor. The state treasurer, on the warrant of the comptroller, must pay to the governor, out of any money in the treasury, appropriated for that purpose, sufficient money to pay the damages assessed, pursuant to the foregoing provisions of this article,* and the costs and expenses of the proceedings. Code Civ. Pro., § 2115.

14 Governor to pay same into court; title thereupon vests. Immediately after the receipt by the governor, as prescribed in the last section, of sufficient money to pay the damages, he must pay it into court; and thereupon the absolute title to the real property so to be taken, vests in the people of the state. Code Civ. Pro., § 2116.

15 Investment of money so paid. If an application for the money paid into court is not made, as prescribed in the next section, within sixty days after the payment into court, the appellate division of the supreme court in that judicial department, may provide, by order, for the investment, under the direction of the court, of the money, and of the interest to arise therefrom, in permanent securities, for the benefit of the owners. Code Civ. Pro., § 2117, as am'd L. 1895, c. 946.

16 How obtained by claimant. A person claiming to have been an owner of, or interested in, the property, when it was so taken, may present to the appellate division of the supreme court, at a term thereof, held in the judicial department embracing the county wherein the property is situated, a petition, praying for the payment to him of the whole or any part of the money so paid into court, or of the income remaining uninvested, or both; or for the transfer to him of the whole or any part of the securities in which it has been invested. The court must thereupon take such measures as it deems proper to ascertain the rights and interests of the petitioner, and of all other persons who were owners of or interested in the property, or who are personal representatives, or heirs, of owners or persons so interested, and to cause notice of the application to be given to those persons; and it must cause the money to be paid, or the securities to be transferred, to the several persons entitled thereto, in accordance with the rights and interests thus ascertained. Code Civ. Pro., § 2118, as am'd L. 1895, c. 946.

17 Taking land by United States with consent of state legislature. When the legislature of the state consents to the taking of any real property within the state, for the use of the people of the United States, a writ of assessment of damages may be issued; and the proceedings thereupon must be in accordance with This subject.

the provisions of this article;* except that the application for the writ must be made, and the subsequent proceedings must be conducted, by the attorney of the United States, for the district embracing the county wherein the real property is situated. Code Civ. Pro., § 2119.

1 Barb. 24; 96 N. Y. 234, 237; s. c. 67 How. Pr. 124, 127.

See also Chattels, § 41; Court of Appeals, § 4; Damages; Depositions, §§ 11. 18; Eminent Domain; Exceptions, etc., § 6; Highway Law, § 92; Injunction, §§ 17, 22–24; Judgment, etc., §§ 13, 15, 19; Justices' Courts, § 232; New York, 8 47; State Writs, § 1; Trials, §§ 200, 202, 203.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under 1 R. L. 1813, c. 204, p. 198; and see 2 R. S. 588-590.

ASSESSOR.

See Election Law, § 113; Tax Law.

ASSETS.

See Surrogates' Courts, §§ 41, subd. 2, 76; Executors, etc., §§ 75–77.

See Disorderly Houses.

1

ASSIGNATION, HOUSE OF.

ASSIGNMENT.

Transferee of claim may sue in his own name; defences; exception. Where a claim or demand can be transferred, the transfer thereof passes an interest, which the transferee may enforce by an action or special proceeding, or interpose as a defence or counterclaim, in his own name, as the transferor might have done; subject to any defence or counterclaim, existing against the transferor, before notice of the transfer, or against the transferee. But this section does not apply, where the rights or liabilities of a party to a claim or demand, which is transferred, are regulated by special provision of law; nor does it vary the rights or liabilities of a party to a negotiable instrument, which is transferred. Code Civ. Pro., § 1909.

104 N. Y. 613, 617; 29 Hun, 251, 252; 48 id. 265; 10 Daly, 276; 55 Hun, 261; 9 Misc. 70; 6. N. Y. Supp. 942; 8 id. 240; 12 id. 135; 89 N. Y. 566; 70 N. Y. St. R. 118.

2 What claims may be transferred. Any claim or demand can be transferred, except in one of the following cases:

76 N. Y. 352; 19 id. 26; 77 id. 178; 104 id. 613, 616, 617; 111 id. 439; 17 Hun, 429, 463, 552; 19 id. 344; 34 id. 160; 40 id. 250; 43 id. 412; 51 id. 95; 44 N. Y. Super. 124; 48 Barb. 364; 80 Hun, 390; 25 Abb. N. C. 91; 50 N. Y. St. R. 323; 53 id. 117; 59 id. 687; 62 id. 55.

1. Where it is to recover damages for a personal injury, or for a breach of promise to marry.

43 Hun, 412; 51 id. 95.

2. Where it is founded upon a grant, which is made void by a statute of the state; or upon a claim to or interest in real property, a grant of which, by the transferor, would be void by such a statute.

51 Hun, 95.

3. Where a transfer thereof is expressly forbidden by a statute of the state, or of the United States, or would contravene public policy. Code Civ. Pro., § 1910. 23 N. Y. 355; 58 id. 442; 63 id. 8; 50 How. Pr. 143; 51 Hun, 95; 66 id. 469; 89 id. 556; 5 N. Y. Supp. 456; 6 id. 942; 8 id. 159, 322; 21 id. 540; 23 id. 686; 89 Hun, 556.

3 Same: action to cancel security for usurious loan. A cause of action to cancel, or otherwise affect, an instrument executed, or an act done, as security for a usurious loan or forbearance, can be thus transferred, where the instrument or act creates a specific charge upon property, which is also transferred in disaffirmance thereof, and not otherwise; but, in that case, the transferee does not succeed to the right, conferred by statute upon the borrower, to procure relief, without paying, or offering to pay, any part of the sum or thing loaned. Code Civ. Pro., § 1911.

64 N. Y. 242; 44 id. 50; 30 id. 197; 14 id. 93; 60 Barb. 617; 59 id. 239; 26 id. 635; 7 Hill, 391; 6 N. Y. Supp. 541.

This subject.

A

4 A money judgment may be transferred; effect if vacated or reversed. judgment for a sum of money, or directing the payment of a sum of money, recovered upon any cause of action, may be transferred; but if it is vacated or reversed, the transfer thereof does not transfer the cause of action, unless the latter was transferable before the judgment was recovered. Code Civ. Pro., § 1912.

71 N. Y. 443; 57 id. 229; 53 id. 581; 104 id. 613, 617; 29 Hun, 251, 253; 20 Abb. N. C. 223, n.: 20 id. 151, n.: 2 Barb. 258; 58 Hun, 167; 72 id. 562; 33 N. Y. St. R. 963; 55 id. 139; 11 N. Y. 556.

TO OR BY BANKS; see Stock Corporation Law, § 48.

OF BOND OR UNDERTAKING; see Attachment, § 71; Jail Liberties, §§ 12–23.

OF CERTIFICATE OF SALE; see Executions, SS 113, 115.

OF CONTRACT OF SERVICE; see Domestic Relations Law, § 76.

OF CONTRACT, WHEN TO BE FILED; see Mechanics' Liens, § 35.

BY CORPORATION, WHEN VOID; see Corporations, § 108.

OF DOWER; see Dower, § 9; Real Property Law, $ 184.

OF EXEMPT PROPERTY; See Liquor Tax, § 32.

FRAUDULENT; see Courts of Special Sessions, § 1; Executors, etc., § 114; Fraud, §§ 7, 9; Fraudulent Assignments; Fraudulent Conveyances; Insolvency, § 25; Partnership, §§ 19, 20.

OF JUDGMENT; see Executions, § 15; Judgment, etc., §§ 60, 62.

OF LEASE; see Real Property Law, § 193; Summary Proceedings, §§ 27, 28.

OF LIEN; see Shipping, § 27.

BY LIMITED PARTNERSHIP; see Partnership, § 19.

OF LIQUOR TAX CERTIFICATE; see Liquor Tax Law, §§ 25, 27, 32.

OF MORTGAGE; see Comptroller, § 52; Real Property Law, § 271.

OF POLICY OF INSURANCE; see Domestic Relations Law, § 22d.

OF TRUST INTEREST; see Real Property Law, §§ 83, 83a.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under Code of Procedure, L. 1848, c. 379, § 111.

ASSIGNMENTS FOR THE BENEFIT OF CREDITORS.

1 Title. This act may be cited for all purposes as "The general assignment act of eighteen hundred and seventy-seven." L. 1877, c. 466, § 1.

2 To be in writing; contents; acknowledgment; recording; assent of assignee. Every conveyance or assignment made by a debtor of his estate, real or personal, or both, to an assignee for the creditors of such debtor, shall be in writing, and shall specifically state therein the residence and the kind of business carried on by such debtor at the time of making the assignment, and the place at which such business shall then be conducted, and if such place be in a city, the street and number thereof, and if in a village or town such apt designation as shall reasonably identify such debtor. Every such conveyance or assignment shall be duly acknowledged before an officer authorized to take the acknowledgment of deeds and shall be recorded in the county clerk's office in the county where such debtor shall reside or carry on his business at the date thereof. An assignment by copartners shall be recorded in the county where the principal place of business of such copartners is situated. When real property is a part of the property assigned, and is situated in a county other than the one in which the original assignment is required to be recorded, a certified copy of such assignment shall be filed and recorded in the county where such property is situated. The assent of the assignee, subscribed and acknowledged by him, shall appear in writing, embraced in or at the end of, or indorsed upon the assignment, before the same is recorded, and, if separate from the assignment, shall be duly acknowledged. Id., § 2, as am'd L. 1888, c. 294.

11 Hun, 399; 24 id. 123; 31 id. 274; 34 id. 511, 524; 39 id. 98, 134, 545; 40 id. 178, 455; 41 id. 323; 35 id. 264; 44 id. 55; 46 id. 208; 43 id. 224; 45 id. 263; 14 Abb. N. C. 447; 15 id. 164, 241; 17 id. 152, 162, 197; 19 id. 92, 399; 18 id. 330; 50 N. Y. Super. 116: 22 W. D. 295; 26 id. 239; 82 N. Y. 494; 86 id. 630; 96 id. 75, 248; 105 id. 1, 476; 104 id. 575; 101 id. 472, 585; 13 Daly, 318; 115 N. Y. 376; 117 id. 532; 125 id. 44; 132 id. 398; 138 id. 435; 140 id. 99; 55 Hun, 569; 31 N. Y. St. R. 210; 32 id. 911; 34 id. 471; 44 id. 441; 45 id. 93; 53 id. 19; 62 id. 679: 3 N. Y. Supp. 243, 244; 6 id. 97; 9 id. 758, 759; 10 id. 301; 14 id. 462; 18 id. 599; 68 N. Y. St. R. 181, 765.

3 Inventory or schedule, when and how to be made by debtor or assignee, or on failure of assignee; inspection of books. A debtor making an assignment shall, at the date thereof or within twenty days thereafter, cause to be made, and

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