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STATE WRITS; see Habeas Corpus, §§ 53-59; Mandamus, § 21; Prohibition, § 11.
SUMMARY PROCEEDINGS; see Summary Proceedings, §§ 31–34, 36.

SUPPLEMENTARY PROCEEDINGS; see Supplementary Proceedings, § 2.

TAXATION; See Tax Law, §§ 175-177, 255.

TURNPIKES AND PLANK ROADS; see Transportation Corporations Law, §§ 133, 134.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1801, Revised Acts, c. 10, (1 K. & R. 185); and see 2 R. S. 717-719.

APPEARANCE.

IN CIVIL CASES; see Assignments for Benefit of Creditors, §§ 18, 19; Condemnation Law, §14; Drainage, § 48; Executors, etc., § 27; Heirs, § 2; Judgment, etc., §§ 14, 19; Justices' Courts, §§ 16, 26-33, 39, 41, 72; Pleading, §§ 1, 3, 4, 7; Supplementary Proceedings, § 27; Surrogates' Courts, §§ 3, 55; Wills, § 40.

IN CRIMINAL CASES; see Appeals, §§ 79, 92, 96; Arraignment, SS 2-4; Arrest, §§ 62-65, 112, 113; Commitment, § 28-31; Corporations, § 194; Judgment, etc., §§ 99-101; Military Code, § 224; Outlawry, §§ 3, 5; Trials, §§ 230, 301, 308.

APPELLATE DIVISION.

ADJOURNMENT OF; see Courts, § 34.

APPEALS FROM THE BOARD OF CLAIMS; see Board of Claims, §§ 11, 12.
CITY COURT OF NEW YORK; see New York, §§ 60, 62.

ON EXCEPTIONS TO; see Exceptions, §§ 9, 10, 12.

APPEALS TO, IN GENERAL; see Appeals, §§ 16-25, 33–44, 45, 47, 48, 52, 53-59, 61-63, 65, 73, 79, 82, 87, 90, 126-128.

FROM INFERIOR AND LOCAL COURTS; see Constitution, § 76.

APPEALS FROM; see Constitution, § 80.

ORDER APPROVING ACCOUNTS OF RECEIVER; see Corporations, § 146.

REPORT OF COMMISSIONERS OF APPRAISAL; see Condemnation Law, §§ 20, 21.

SURROGATES; see Surrogates' Courts, §§ 81-103.

APPLICATION TO, FOR MONEYS PAID; see Assessment of Damages, §§ 15, 16.

FOR SPECIAL JURY; see Jury, §§ 81, 83.

TO APPOINT COMMISSIONERS IN CONDEMNATION PROCEEDINGS; see Constitution, § 42. TO VACATE INJUNCTION; see Injunction, § 25.

APPOINTMENT OF CLERK AND DEPUTY CLERKS BY; see County Law, § 165 i.

SPECIAL COMMISSIONER OF JURORS BY; see Jury, §§ 69, 70, 71, 74, 81, 83.
SUPREME COURT REPORTER BY; see Supreme Court Reporter, §§ 1-5.
TERMS OF THE SUPREME COURT BY; see Supreme Court, § 16.

TERMS BY GOVERNOR; see Supreme Court, § 18.

A COURT OF RECORD; see Courts, § 2.

CLERK OF; see Constitution, § 90.

COSTS UPON APPEAL TO; see Costs, § 46.

DIRECTION BY, TO DESTROY PAPERS ON FILE; see Courts, § 21.

EXAMINATION AND ADMISSION OF ATTORNEYS BY; see Attorneys, etc., § 2.

FEES OF OFFICERS OF; see Supreme Court, § 26.

FINAL JUDGMENT WHEN RENDERED BY; see Judgment, etc., §§ 24, 27.

JUDGE NOT TO SIT AT, IN REVIEW OF HIS OWN DECISION; see Constitution, § 74 and note. JUSTICES OF THE PEACE, POLICE JUSTICES, ETC., REMOVABLE BY; see Justices' Courts,

293; New York, § 122.

LIABILITY TO PENALTY FOR ACT ADJUDGED LAWFUL BY; see Fines, etc., § 18.

LIMITATION OF JURISDICTION OF COURT OF APPEALS; see Court of Appeals, § 2.

MOTION FOR JUDGMENT ON VERDICT, SUBJECT TO OPINION OF COURT, TO BE HEARD AT; see Judgment, etc., § 34.

OF THE FIRST DEPARTMENT; see Supreme Court, §§ 34-52.

OFFICERS REQUIRED TO ATTEND; see Supreme Court, § 25.

ORGANIZATION OF, TIME, PLACE; see Constitution, § 75; Supreme Court, 4-13.

POWER TO POSTPONE DEATH PENALTY; see Death Penalty, § 13.

PROVISIONS RELATING TO, HOW CONSTRUED; see Code of Civil Procedure, § 2.

RECOGNIZANCE TO APPEAR BEFORE; see Habeas Corpus, § 56.

RIGHT TO APPEAL TO, IN SUIT ON MUNICIPAL BONDS; see Municipal Law, § 39.
RULES OF PRACTICE ESTABLISHED BY JUSTICES OF; see Courts, §§ 17, 18.
SUBMISSION OF CONTROVERSY TO; see Judgment, etc., § 80.

SUSPENSION FROM PRACTICE OF ATTORNEYS BY; see Attorneys, etc., §§ 13, 14.
WRIT OF CERTIORARI GRANTED BY; see Certiorari, §§ 8, 9, 19, 20.

OF MANDAMUS GRANTED BY; see Mandamus, §§ 3, 6, 19, 21, 23.

OF PROHIBITION GRANTED BY; see Prohibition, §§ 3, 9, 11, 12. See also Courts.

APPLES.

APPLIANCES.

See Domestic Commerce Law, §§ 8, 9.

See Gas, § 1.

APPOINTMENT.

IN GENERAL; see Constitution, §§ 31, 125, 126, 128; Civil Service; Highway Law, §§ 150. 151; Public Officers Law.

BRIBERY, ETC., IN SECURING; see Crimes, §§ 24–27.

APPOINT DEFINED; see Statutory Construction Law, § 17.

APPORTIONMENT.

OF ASSESSMENTS; see Assessments.

OF DEBTS AMONG LEGATEES, ETC.; see Legatees, etc., §§ 3, 11.
OF EXPENSES OF STATE RACING ASSOCIATION; see Horses, § 77.
OF LAND DAMAGES; see Railroad Law, §§ 125, 133

OF MEMBERS OF LEGISLATURE; see Constitution, §§ 28, 29.
OF PROCEEDS OF PARTITION SALE; see Partition, §§ 38, 39.
OF PROPERTY ON DIVISION OF COUNTIES; see County Law, § 4.
OF TOWNS; see Town Law, §§ 3-5.

OF RENTS, DIVIDENDS, ANNUITIES; see Executors, etc., § 83.

OF SCHOOL MONEYS; see Consolidated School Law, §§ 21-35, 48-50, 81, 82, 213, 227, 298; Gospel and School Lots, §§ 20, 21, 23-28; University Law, §§ 26, 50.

OF TAXES; see Tax Law.

OF UNITED STATES DEPOSIT FUND; see State Funds, §§ 98, 106.

APPRAISEMENT.

Whenever by reasons of the provisions of any law of this state it shall become necessary to appraise in whole or in part the estate of any deceased person, or of any insolvent estate in the hands of a receiver, or of any assignee for the benefit of creditors, or of any corporation in the hands of a receiver or otherwise, the persons whose duty it shall be to make such appraisal shall value the real estate at its full and true value, taking into consideration actual sales of neighboring real estate similarly situated during the year immediately preceding the date of such appraisal, if any; and they shall value all such property, stocks, bonds, or securities as are customarily bought or sold in open markets in the city of New York or elsewhere, for the day on which such appraisal or report may be required, by ascertaining the range of the market and the average of prices as thus found, running through a reasonable period of time. L. 1891, c. 34, § 1.

BRIBERY OR INTIMIDATION IN MAKING; see Bribery, SS 5, 8; Public Officers Law, § 114.
BY CANAL APPRAISERS; see Board of Claims, §§ 22-24; Canal Law, §§ 70-78.

OF DAMAGES CAUSED BY FLOATING TIMBER; see Timber, § 11.

OF DAMAGES FOR DEFECTIVE FENCE; see Town Law, SS 105, 108.

OF DECEDENTS' ESTATES; see Executors, etc., §§ 70-78, 107, 123; Surrogates' Courts, § 40.

OF INFECTED ANIMALS; see Agricultural Law, § 68; Public Health Law, § 63.

OF LAND MORTGAGED TO STATE; see Mortgages, SS 16-19; State Funds, §§ 131-133.
OF PROPERTY ATTACHED; see Attachment, §§ 19, 26, 31.

OF PROPERTY DISTRAINED; see Distress, § 21.

OF PROPERTY TAKEN FOR PUBLIC USE; see Condemnation Law; Eminent Domain.
REFERENCE TO MAKE; see Reference, § 1.

OF SHARES OF STOCK; see Banking Law, § 36; Stock Corporation Law, § 33.
OF STATE LANDS; see Fisheries, etc., Law, § 173; Public Lands Law, §§ 31, 37.
OF TAXABLE PROPERTY; see Tax Law.

OF WRECKED PROPERTY; see Town Law, §§ 138, 146.

APPRENTICES.

See Domestic Relations Law, §§ 70-72; Poor Law, § 22.

APPROPRIATION BILLS.

See Constitution, § 46; Legislative Law.

See Constitution, §§ 43-45, 62.

APPROPRIATIONS.

For charitable, etc., institutions, see State Charities Law, § 18a.

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ARBITRATIONS.

1 When submission cannot be made. A submission of a controversy to arbitration cannot be made, either as prescribed in this title* or otherwise, in either of the following cases:

1. Where one of the parties to the controversy is an infant, or a person incompetent to manage his affairs, by reason of lunacy, idiocy, or habitual drunken

ness.

74 N. Y. 38.

2. Where the controversy arises respecting a claim to an estate in real property, in fee or for life.

17 Hun, 152; 14 N. Y. 32; s. c. 15 Barb. 644; 26 N. Y. 42; 29 id. 291; 16 Hun, 142. But where a person, capable of entering into a submission, has knowingly entered into the same with a person incapable of so doing, as prescribed in subdivision first of this section, the objection, on the ground of incapacity, can be taken only in behalf of the person so incapacitated. And the second subdivision of this section does not prevent the submission of a claim to an estate for years, or other interest for a term of years, or for one year or less, in real property; or of a controversy respecting the partition of real property between joint tenants or tenants in common; or of a controversy respecting the boundaries of lands, or the admeasurement of dower. Code Civ. Pro., § 2365.

48 N. Y. Super. 470, 473; 134 N. Y. 85.

2 When and how submission may be made. Except as otherwise prescribed in the last section, two or more persons may, by an instrument in writing, duly acknowledged or proved, and certified, in like manner as a deed to be recorded, submit, to the arbitration of one or more arbitrators, any controversy, existing between them at the time of the submission, which might be the subject of an action. They may, in the submission, agree that a judgment of a court of record, specified in the instrument, shall be rendered upon the award, made pursuant to the submission. If the supreme court is thus specified, the submission may also specify the county in which the judgment shall be entered. If it does not, the judgment may be entered in any county. Code Civ. Pro., § 2366.

13 Barb. 660; 1 id. 584; 37 id. 251; 2 Barb. Ch. 430; 5 Cow. 29; 6 Johns. 14; 2 Hill, 271; 5 id. 419; 1 Den. 440; s. c. 4 N. Y. 157; 4 Den. 249; id. 347; 28 N. Y. 147, 242; 35 id. 291; 95 id. 242; 48 N. Y. Super. 470, 473, 474; 10 W. D. 539; 3 Caines, 254; 1 Hilt. 469; 1 Wend. 326; 66 How. Pr. 149; s. c. 4 Civ. Pro. 253; 74 N. Y. 38; 16 id. 123; 14 Hun, 140; 26 id. 447; 137 N. Y. 290; 35 N. Y. St. R. 907; 3 N. Y. Supp. 83, 191.

3 Appointment of additional arbitrator. Where a submission is made as prescribed in this title,* an additional arbitrator or an umpire cannot be selected or appointed, unless the submission expressly so provides. Where a submission, made either as prescribed in this title* or otherwise, provides that two or more arbitrators, therein designated, may select or appoint a person as an additional arbitrator or as an umpire, the selection or appointment must be in writing. An additional arbitrator or umpire must sit with the original arbitrators, upon the hearing. If testimony has been taken before his selection or appointment, the matter must be reheard, unless a rehearing is waived in the submission, or by the subsequent written consent of the parties, or their attorneys. Code Civ. Pro., § 2367.

11 Hun, 451; 23 Wend. 628; 1 Barb. 325; s. c. 4 How. Pr. 446; 2 Johns. 57, aff'd, 13 id. 27; 17 id. 405; s. c. 2 Johns. Ch. 339; 57 N. Y. 479; 4 Duer, 318; 74 Hun, 62; 56 N. Y. St. R. 198; 15 id. 893; 26 id. 117.

4 Hearings and adjournments. Subject to the terms of the submission, if any are specified therein, the arbitrators, selected as prescribed in this title, must appoint a time and place for the hearing of the matters submitted to them; and must cause notice thereof to be given to each of the parties. They, or a majority of them, may adjourn the hearing, from time to time, upon the application of either party, for good cause shown, or upon their own motion; but not beyond the day fixed in the submission for rendering their award, unless the time

This subject.

so fixed is extended by the written consent of the parties to the submission, or their attorneys. Code Civ. Pro., § 2368.

23 Barb. 187; 3 id. 283; 29 id. 467; 1 id. 325; 74 N. Y. 38; 22 Wend. 125; 23 id. 628; 2 Rob. 496; 5 How. Pr. 315; 3 Abb. Pr. N. S. 234; 11 W. D. 471; 6 Hun, 235; 8 Bosw. 313.

5 Arbitrators to be sworn. Before hearing any testimony, arbitrators selected either as prescribed in this title* or otherwise must be sworn, by an officer designated in section 842† of this act, faithfully and fairly to hear and examine the matters in controversy, and to make a just award, according to the best of their understanding; unless the oath is waived, by the written consent of the parties to the submission, or their attorneys. Code Civ. Pro., § 2369.

1 Den. 440; s. c. 4 N. Y. 157; 57 id. 479; 48 N. Y. Super. 470, 473, 474; 24 Wend. 258; 11 W. D. 471; 22 Hun, 125; 134 N. Y. 85; 74 Hun, 62; 45 N. Y. St. R. 601; 56 id. 198. 6 Their powers as to witnesses, etc. The arbitrators, selected either as prescribed in this title,* or otherwise, or a majority of them, may require any person to attend before them as a witness; and they have, and each of them has, the same powers, with respect to all the proceedings before them, which are conferred, by the provisions of title second of chapter ninth of this act, upon a board, or a member of a board, authorized by law to hear testimony. Code Civ. Pro., § 2370.

4 Den. 347; 4 Wend. 531; s. c. 9 Cow. 30; Hill & Den. 110; s. c. 2 N. Y. Leg. Obs. 387. 7 All must meet; when award of majority valid; fees and expenses. All the arbitrators, selected as prescribed in this title, must meet together, and hear all the allegations and proofs of the parties; but an award by a majority of them is valid, unless the concurrence of all is expressly required in the submission. Unless it is otherwise expressly provided in the submission, the award may require the payment, by either party, of the arbitrators' fees, not exceeding the fees allowed to a like number of referees in the supreme court; and also their expenses. Code Civ. Pro., § 2371.

3 Paige, 124; 2 Wend. 494; 5 Ch. Sentinel, Dec. 41; 4 Den. 249, 348; 4 N. Y. 569; 29 id. 291; 71 id. 208; 74 id. 108; 14 Hun, 139; 26 id. 447; 1 Hilt. 472; 68 Hun, 151; 52 N. Y. St. R. 49.

8 Formal requisites of award; when to be made; filing or delivery. To entitle the award to be enforced, as prescribed in this title,* it must be in writing; and, within the time limited in the submission, if any, subscribed by the arbitrators making it; acknowledged or approved, and certified, in like manner as a deed to be recorded; and either filed in the office of the clerk of the court, in which, by the submission, judgment is authorized to be entered upon the award, or delivered to one of the parties, or his attorney. Code Civ. Pro., § 2372.

23 Barb. 187; 11 Johns. 133; 3 Paige, 124; 15 Civ. Pro. 34; 134 N. Y. 85; 67 Hun, 341; 68 id. 151; 74 id. 62; 45 N. Y. St. R. 601; 51 id. 820; 52 id. 49; 56 id. 200; 1 N. Y. Supp. 442; 22 id. 330.

9 Motion to confirm award; where and when made; notice. At any time within one year after the award is made, as prescribed in the last section, any party to the submission may apply to the court, specified in the submission, for an order confirming the award; and thereupon the court must grant such an order, unless the award is vacated, modified, or corrected, as prescribed in the next two sections. Notice of the motion must be served, upon the adverse party to the submission, or his attorney, as prescribed by law for service of notice of a motion upon an attorney in an action in the same court. In the supreme court, the motion must be made within the judicial district, embracing the county where the judgment is to be entered. Code Civ. Pro., § 2373.

Hill & Den. 110; s. c. 2 N. Y. Leg. Obs. 387.

10 Award; when vacated. In either of the following cases, the court, specified in the submission, must make an order vacating the award, upon the application of either party to the submission:

1. Where the award was procured by corruption, fraud, or other undue means. 17 Wend. 410; 10 id. 589; 45 How. Pr. 462; 17 Johns. 405; 35 N. Y. 291; 30 Hun, 32; 32 id. 217, 219; s. c. 5 Civ. Pro. 281, 282, 285; 43 N. Y. St. R. 55.

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2. Where there was evident partiality or corruption in the arbitrators, or either of them.

50 N. Y. 228; s. c. 53 Barb. 342; 32 Hun, 217, 219; s. c. 5 Civ. Pro. 281, 282, 285; 5 Cow. 425; 17 Wend. 410; 10 id. 589; 45 How. Pr. 462; 17 Johns. 405; 20 Barb. 492.

3. Where the arbitrators were guilty of misconduct, in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence, pertinent and material to the controversy; or of any other misbehavior, by which the rights of any party have been prejudiced.

Lalor, 110; 53 Barb. 342; 2 Daly, 428; s. c. 37 How. Pr. 20; 17 Wend. 410; 10 id. 58; 17 Johns. 405; 30 Hun, 32; 32 id. 217, 219; 5 Civ. Pro. 281, 282, 285; 20 Barb. 492; 2 Bosw. 116, 123, 124; 45 How. Pr. 462; 74 Hun, 62; 56 N. Y. St. R. 200.

4. Where the arbitrators exceeded their powers, or so imperfectly executed them, that a mutual, final, and definite award, upon the subject matter submitted, was not made.

4 Den. 194; 50 N. Y. 228; s. c. 53 Barb. 342; 71 N. Y. 208; 2 Abb. Pr. N. S. 269; 17 Wend. 410; 10 id. 589; 45 How. Pr. 462; 32 Hun, 217; s. c. 5 Civ. Pro. 281; 7 Hill, 329; 20 Barb. 409; 2 Bosw. 116, 123, 124; 62 Hun, 568.

Where an award is vacated, and the time, within which the submission requires the award to be made, has not expired, the court may, in its discretion, direct a rehearing by the arbitrators. Code Civ. Pro., § 2374.

21 Barb. 147; 56 How. Pr. 484; 137 N. Y. 290; 35 N. Y. St. R. 908; 50 id. 688; 67 id. 242; 13 N. Y. Supp. 83, 191; 16 id. 640; 17 id. 59.

11 Same: when modified. In either of the following cases, the court, specified in the submission, must make an order modifying or correcting the award, upon the application of either party to the submission:

1. Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property, referred to in the award.

60 Barb. 150; 10 Wend. 590; 32 Hun, 217; s. c. 5 Civ. Pro. 281, 282.

2. Where the arbitrators have awarded upon a matter not submitted to them, not affecting the merits of the decision upon the matters submitted.

60 Barb. 150; 10 Wend. 590; 32 Hun, 217; s. c. 5 Civ. Pro. 281, 282; 14 Hun, 142.

3. Where the award is imperfect in a matter of form, not affecting the merits of the controversy, and, if it had been a referee's report, the defect could have been amended or disregarded by the court.

60 Barb. 150; 10 Wend. 590; 32 Hun, 217; s. c. 5 Civ. Pro. 281, 282.

The order may modify and correct the award, so as to effect the intent thereof, and promote justice between the parties. Code Civ. Pro., § 2375.

24 Barb. 147.

12 Notice of motion to vacate, modify, etc.; stay. Notice of a motion to vacate, modify, or correct an award, must be served upon the adverse party to the submission, or his attorney, within three months after the award is filed or delivered, as prescribed by law for service of notice of a motion upon an attorney in an action. For the purposes of the motion, any judge, who might make an order to stay the proceedings, in an action brought in the same court, may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award. Code Civ. Pro., § 2376.

61 Barb. 543; 5 Wend. 102; 6 id. 520; 21 N. Y. 148; s. c. 24 Barb. 632; 32 Hun, 271, 219; s. c. 5 Civ. Pro. 283.

13 Costs on vacating. Where the court vacates an award, costs, not exceeding twenty-five dollars and disbursements, may be awarded to the prevailing party; and the payment thereof may be enforced, in like manner as the payment of costs upon a motion* in an action. Code Civ. Pro., § 2377.

14 Judgment on award; costs. Upon the granting of an order, confirming, modifying, or correcting an award, judgment may be entered in conformity therewith, as upon a referee's report in an action, except as is otherwise prescribed in this title. Costs of the application, and of the proceedings subsequent thereto, not exceeding twenty-five dollars and disbursements, may be awarded by the

* Motions, § 13.

This subject.

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