JURY-usual grounds of challenges to the favor, 18, note.

disqualifying opinions of, 23, note.

peremptory challenges of, 29, note.

waiver of peremptory challenges of, 31, note.

summoning talesmen, 32, note.

challenges to the array, 32, note.

L.

LACHES-discharge of guarantor of mortgage by laches of mort-
gagee, 227.

LANDLORD AND TENANT-liability of landlord for not providing
fire-escapes, 97.

LARCENY-distinguished from false pretenses, 413.

LAW OF PLACE-when law of State where interest was reserved
and taken is to govern validity of note, 76.
LEGACY-conditional on faith and practice of religious corporation,

398.

what is vested, 438.

M.

MECHANICS' LIEN-repeal of act of 1863, 371.

limit of time for filing in New York, 367.
rules of proceeding, where sub-contractors al-
low liens to expire; withdrawal of claim;
costs; settlement by the owner; personal
judgment; separate sales; practice as to
decree and execution, 357.

MORTGAGE liability of agent for loaning money on second mort-
gage, 72.

liability of mortgagor to mortgagee, for fraudulent
recording of subsequent mortgage, 38.
non-consolidation of actions to foreclose, 69.

when legatees, devisees, heirs, &c., proper parties to
foreclosure of, 227.

liability of next of kin for a deficiency; discharge by
laches of mortgagee, 227.

revival of extinguished mortgage by subrogation, 469.
MOTIONS AND ORDERS-what proceedings make one a party, 294.
presence of prisoner not necessary during

argument of motion in his case, 206.
MUNICIPAL CORPORATIONS-powers of, and discretion in their

exercise, 330, note.

MUNICIPAL CORPORATIONS-negligence by non-user of power to

supervise others; liability for
obstructions in streets, 246.

validity of assessments for local
improvements; presumption of
official regularity, 238.

N.

NEGLIGENCE-By a municipal corporation in care of streets, 246.
of agent loaning money on second mortgage, 72.
of bank in allowing officer to convert pledge, 388.
liability of landlord for neglecting to provide fire-
escapes, 97.

caution and discretion necessary to be exercised by
children, 104.

of children, parents and other custodians, persons
aged, disabled, intoxicated, trespassers, licen-
sees, &c., 104, note.

contributory negligence of children, 104, 105, note.
contributory negligence of parents and other cus-
todians, 112, note.

contributory negligence of persons aged, disabled
or intoxicated, 116, note.

liability for negligence in injuring a trespasser,
licensee, &c., 117, note.

NEW TRIAL-when not granted on account of newly-discovered
evidence which is merely cumulative, 151.

motion for, when too late, after appeal, 378.

NEW YORK CITY-water rights and powers of dock department,
&c., 314.

NOTARY PUBLIC-non-resident notary, not capable of holding
office, 181.

indictment for perjury not sustainable on oath

taken before non-resident notary, 181.

O.

OFFICER-non-resident notary not capable of holding office, 181.
distinction between evidence of one being an officer de
facto and de jure, 181.

official reports; verification; perjury, 151, 181.

bank holding deposit of, may interplead, 394.
removal for cause, 474.

P.

PARENT AND CHILD-contributory negligence of children, 104,

105, note.

contributory negligence of parents and other

custodians, 112, note.

PARTIES-examination of non-resident party before trial, 70. strangers may become, on their own petition, 294. substitution of receiver in place of debtor in judgment recovered by him, 307.

trustees and cestuis que trustent as parties, 304, note. when legatees, devisees, heirs, &c., proper parties to foreclosure of mortgage, 227. PARTITION-right of purchasers to clear title, 343.

who to bear deficiency on vacating sale for failure of
title, 343.

PENALTY-individual liability of corporation is not, 290.
PERJURY-what proof of corporal oath to an affidavit necessary,

151.

not sustainable on oath taken before a notary who re

sides out of the State, 181.

when false statements by bank officer in quarterly state

ments constitute, 206.

PLEDGE-effect of wrongful re-hypothecation, 385.

obligation of pledgee from one who had no title, not to discriminate between various owners, 381.

POSSESSION of consignee with lien, not possession of consignor,

413.

PRECEDENTS-when not binding on inferior courts, 76.

PRINCIPAL AND AGENT-consignee having advanced is not mere

agent, 413.

liability of agent for loaning money on second mortgage, 72.

R.

RAILROAD COMPANY-signal by bell or whistle to be given upon approach of engine to crossing, 104.

issue of duplicate bonds for those de

stroyed, 253.

REAL PROPERTY-title to land under water in front of piers and

VOL. VI.-B

wharves, 330.

REAL PROPERTY-the rule of caveat emptor applies to sales of

land, 357.

RECEIVER-the effect of appointment, 307.

right to be substituted for debtor in judgment recovered
by the latter, 307.

leave to sue, improvidently granted, may be revoked,
294.

REFEREE-power of referee in mechanics' lien case, 357.
RE-HYPOTHECATION—rights of several owners of securities wrong-
fully pledged, 381.

liability of bank for, 385.

mutual rights of parties, 385.

RELIGIOUS CORPORATION-distribution of surplus funds, 398.

trustees cannot waive statute of limit-

ations, 398.

title to legacy when dependent on
faith and practice, 398.

S.

SALE-effect of fraud in inducing, 415.

STARE DECISIS-when precedents are not to be followed, 76.
STATUTES-construction of, by comparison with other acts in pari
materia, 258.

rules as to implied repeal, 371.

STOCKHOLDERS-no personal liability of, without clear direction
of legislature, 258.

SUBROGATION-
-as between several owners, whose securities have
been wrongfully pledged, 381.

so as to revive extinguished mortgage, 469.

SUPERIOR COURT OF BUFFALO-power of, to admit to bail in
a capital case, 33.

SUPPLEMENTARY PROCEEDINGS-requisites for order for ex-

amination, 312.

receiver is entitled to be substituted as

plaintiff in debtor's litigation, 307.

SUPREME COURT-powers of, as to lands of infants, 343.

special term cannot correct referee's errors, 378.

power in one district to revoke order made in
another, 294.

SUSPENSION OF POWER OF ALIENATION—what provision in

T.

TALESMEN-summoning, 32, note.

TRIAL-refusal to postpone trial, how reviewed, 224.

will makes, 343.

TRUST COMPANY-duty in case of commingled re-hypothecations,

385.

TRUSTEE-liability of one loaning money in a fiduciary capacity for
negligence in taking second mortgage, 72.

and cestuis que trustent as parties, 304, note.

personal liability of trustees on building contract, 357.
cannot waive statute of limitations, 398.

when liable for unfortunate investment, 447.

U.

USURY-conflict of laws as to usury in bills and notes, 76.

V.

VARIANCE when between indictment and proof is cured by statute
of jeofails, 151.

W.

WHARVES-effect of conveyances and covenants affecting wharves
and wharfage, 314, 330, note.

WILL-proof of lost or destroyed will, 234.

what gifts are vested, 438.

WITNESS-distinction between testifying to a fact and to an opin-
ion, 104.

use of hypothetical questions in calling for opinion of
witness, 129, note.

when limiting opinion of a witness to information de-
rived from personal knowledge of the occurrence, is
objectionable, 129, note.