WATERS AND WATERCOURSES — Continued. unreasonable exercise of power. Such proof is not objectionable, because going to show the statute to be on its face invalid; it bears upon the reasonableness of its classification and goes to show whether its provisions, in attempting a regulation of the conflicting rights of all to a common, natural supply, operated equally upon the rights of a class of property Id. owners. 6. Presumption of validity of statute. The People are entitled to rest upon the presumption of the validity of the provisions of the act in question and upon the support to their case in the admissions made and in the inferences of facts from the operation of natural laws, until the evidence of the defendants establishes, or tends to establish, their defenses that the statutory provisions are inapplicable to their case; that such regulations are unjustly discriminative; or that they are not chargeable with making a use of their property, which is unreasonable because injurious to the rights of others. Id. 7. Right of People to bring action under statute. Inasmuch as the public interests are concerned in the enforcement of the statute, the objection to the right of the People to bring the action is without force; moreover the language of the act explicitly invests the attorney-general with that power. WHARVES. See N. Y. Dock Co. v. India W. B. Co. (Mem.), 557. WILL, Id. See Matter of Delaney (Mem.), 530; Matter of Collins (Mem.), 533; Matter of Kirkholder (Mem.), 566. Payment of legacies-intention to postpone must be found in will itself. See DECEDENT'S ESTATE, 1. Power of sale. See DECEDENT'S ESTATE, 3. WITNESSES. Court may determine whether witness is of sufficient intelligence to be sworn. See CRIMES, 9 TABULAR LIST OF OPINIONS. STREET RAILROADS. CULLEN, Ch. J. Effect of ordinance permitting street railroad company to construct railroad and tunnel in city streets. City of New York v. Bryan, 158, 163. EMINENT DOMAIN. Payment of interest on land taken by city of New York prior NEW YORK (CITY OF). Limit of indebtedness under State Constitution (Art. 8, § 10); Application of constitutional provisions; Rules for computing indebtedness. (Con. op.) Levy v. McClellan, 178, 204. Removal of borough president by governor on charges; Constitutionality of charter provisions relating thereto; Construction thereof; Reappointment of removed officer by board of aldermen. (Dis. op.) People v. Ahearn, 221, 245. CRIMES. Bookmaking; When information fails to allege acts constituting bookmaking. (Con. op.) People ex rel. Lichtenstein v. Langan, 260, 266. INDIANS. Status of Indian nations or tribes; Neither the tribe nor its individual members can maintain actions to recover lands belonging to the tribe unless authorized by statute; Statutory right of Seneca nation of Indians to bring such an action. Seneca Nation of Indians v. Appleby, 318, 319. MURDER. Evidence examined and held sufficient to sustain judgment of conviction; When court will reverse judgment, although no exceptions were taken; Time as an element of premeditation and deliberation. People v. Jackson, 357, 358. 40 WATERS AND WATERCOURSES. Mineral springs; Construction and application of chapter 429 of Laws of 1908 prohibiting the pumping of subterranean mineral waters; Action thereunder to restrain pumping at Saratoga Springs; Evidence; What defendants may show; Right of the People of the state to bring an action under the statute. (Con. op.) People v. N. Y. Carbonic Acid Gas Co., 421, 440. Limit of indebtedness under State Constitution (Art. 8, § 10); Application of constitutional provisions; Rules for computing indebtedness. Levy v. McClellan, 178, 191. NEW YORK (CITY OF). Removal of borough president by governor on charges; Con- MURDER, Evidence examined and held sufficient to sustain conviction of defendant; Evidence of another crime committed by defendant at the same time. People v. Barobuto, 293. WATERS AND WATERCOURSES. Mineral springs; Construction and application of chapter 429 of Laws of 1908 prohibiting the pumping of subterranean mineral waters; Action thereunder to restrain pumping at Saratoga Springs; Evidence; What defendants may show; Presumption of validity of the statute; Right of the People of the state to bring an action under the statute. People v. N. Y. Carbonic Acid Gas Co., 421, 429. NEGLIGENCE. Proximate cause of accident; Highways; Improper use thereof, or encroachment thereon, by abutting landowner. Sweet v. Perkins, 482, 484. EDWARD T. BARTLETT, J. LANDLORD AND TENANT. Tenancy from year to year; Each year does not constitute a new term; Claim for unpaid rent for each year, not separate cause of action. (Dis. op.) Kennedy v. City of New York, 19, 25. MURDER. Evidence examined and held sufficient to sustain finding that a defendant, indicted with another, was guilty as a principal in the homicide charged. (Dis. op.) People v. Farmer, 65, 75. HUSBAND AND WIFE. Marriage of minors; Right of infant husband to his earnings as against his father; Action for alienation; Evidence. (Dis. op.) Cochran v. Cochran, 86, 91. STREETS AND HIGHWAYS. When public street, actually opened and in use, deemed to be closed under ordinance opening new street in place thereof; When easement in old street not extinguished by opening of new street. Johnson & Co. v. Cox, 110, 112. NEW YORK (CITY OF). Removal of borough president by governor on charges; Con- INSURANCE (LIFE). Mutual benefit associations; Association cannot change constitutional provision that beneficiary shall be assessed according to age, when admitted, without his consent. Dowdall v. Catholic Mut. Benefit Assn., 405, 407. REAL PROPERTY. HAIGHT, J. Tax titles; Sufficiency of comptroller's notice to occupant at expiration of term to redeem; Proofs of service; When comptroller's deed need not be acknowledged; Effect of comptroller's deed; Statute of Limitations. Halsted v. Selberstein, 1, 4, 18. MURDER. Evidence examined and held insufficient to sustain finding that a defendant, indicted with another, was not guilty as a principal in the homicide charged. People v. Farmer, 65, 66. EVIDENCE. When certificate of police surgeon not conclusive evidence of disability of member of New York police force. Matter of Hodgins v. Bingham, 123, 124. NEW YORK (CITY OF). Limit of indebtedness under State Constitution (Art. 8, § 10)-; Application of constitutional provisions; Rules for computing indebtedness. (Dis. op.) Levy v. McClellan, 178, 205. CRIMES. Bookmaking; When information fails to allege acts constituting bookmaking. People ex rel. Lichtenstein v. Langan, 260, 262. APPEAL. When order vacating former order appointing a trustee is final order in special proceeding; Will; Power of sale; Proceeding to appoint trustee. Matter of Earnshaw, 330, 331. CRIMES. Subornation of perjury; Attempt to commit subornation of perjury constitutes a crime, although the false testimony, if given, would not have been perjury, because immaterial. (Dis. op.) People v. Teal, 372, 382. VANN, J. MURDER. Evidence examined and held sufficient to sustain conviction of defendant; When juror not disqualified because he has formed an opinion as to the guilt or innocence of defendant; When error in reception of evidence immaterial. People v. Hampart joomian, 77, 78. CRIMES. Bookmaking; When information alleges acts constituting bookmaking. (Dis. op.) TAX. People ex rel. Lichtenstein v. Langan, 260, 268. Bank may institute certiorari proceedings to review assessment of its capital stock; Effect of curative act (L. 1909, ch. 74) permitting correction of assessments in New York city invalid because notices were not given. People ex rel. Am. Ex. Nat. Bank v. Purdy, 270, 274. STREETS. Condemnation of fee of street; Erroneous award. |