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2% p14 . ' when-d code fa hereby amended to read at follows: P Hod. T0, House: of rofugo -Whore a- person under the ngo of twelve years is conviated of -/- amounting to felony, or where a por \/ LAWS OF NEW YORK-By Authority. \x :- of, the Sécrotary of 3 -.- AN AOT to: ‘ | proval aim Axed. the: Hines - apestel ue son, of the age of twelve years and under the age of rixteon yoars is convietod of crime, or where a male porson of the age of sixteon yeart and under the age of: eighteon years is conviet «d of orime not amounting to felony, the trial court may; instead of sentoncing him to im« rieonment in & state: prison or in a poniton: : Wary, direot him: to: 'be confined in a house of #efuge under tho provisions: of the statute re: lating: thereto. Whore the conviction is had and the sentence is inflicted in the first, seo ~ pnd or third judiofat district, the place of con: Snement must be a house of refuge established by the managers of the: Society for the Ref: 'ormation; of Juvenile Delinquents in the city - of New York; whore: tho conviction is had and tho sentence: inflloted in. any other district, *. She Elm of' confinement must be in the Wont ' ern louse of Refugo for Juvenile Delinquents. But nothing in this section. shall affect any of the provisions consainad in section seven hun dred and: thiricen. Reo. 2. This act shall take effoct immediately. Srate or Nuw YOMBMe g ag. : + Ihave compared tha preceding with the orig- ' Anat law on file in this office, and do hereby cor- tify that the same ia a correct transcript there- from and of the whole of said original law. © JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority. [Every law, a. difforent time shall be resoribéd: theroin, shall not take effect until e Awentioth day aftor 16 shall have become a law. Beation 43, article II, chapter 8, Gonoral Lawn.] soll a , CHAPTER 558. AN ACT to anond tho codo of civil procedure reining to theprohibition of the appoint: ment of cortain porsons as roforees, rocely- era,. at:- Becamo. a law May 12, 1800, with the ap: yam.» of the Govornor,. Pasged, throo-fifths ing; profont. The: People of the State of New York,.repre in Senate and Assembly, do enact as fol- wht : . Mection 1. Sogfion ninety of tho code of civil proceduro is heroby amonded so. ns to read as . . Beo. 90, No porson holding the office of clerk, deputy clark, special doputy clork or assistant \Ah: the: clerk's offlco, of m court of record orn surrogiaté'd dourt, nor any person. holding, n walaried office undor the city or county gor ernment, or who receives money by virtuo of an: ofice which ia a. county chargo, within either the countlon of New York or Kings shall > Rhereaftor bo: appointed by kny court or judge \t: referee, reooivor, or commissioner,, excopt by the writton consiont of all:the partios to the - soblon or. special proceeding, other than par- . Mes ic default for failure to appear or to plead. Buc. 2; This not shall tako. effoot September , Bra8, eighteen hundred and ninety-six. Braxe. or Naw Your, b+ Office of the Scouting of Stato, 2 88.3, . X have compared the: proceding with the orig- #nal law on filo in this office, and do horoby cor- ~\Miy that the same is a correot transoript thore 'from and of the wholo of said original law. JOHN PALMER, Secretary of State. [Every law, unloss a different. timo: shall bo resoribed theroin, shalt not tikeeffect until ie twontloth, day nftor it shall have: become a law, . Beotion: 4, article I, chapter 8, Genoral Laws . CHAPTER 10. # / aniend: section two hundred and Awenby-ning of the code of civil procedure. ~ Bécamo a law May 12, 1806, with tho ap- proval of the Clovernor,. Passed, a 'majority Tig People af the State of New Y eople of the State of New York, repre- my ty Senate and Assembly, do. enact as fol- - Beotion 1. Section two- hundred and twenty- ming of the gode of civil proceduredi# hereby amendod to: read as followa? . Beo: 220., A spoolal torm or a. trial term of the mipreme court must bo hold by one judge. . +, Am orpm from is judgment: or deores in any * cane case in which tho quostion of tho title to a public office is dircetly or collaterally at issue «@r in- any imannor involved,. may be placed on + Abe calendar and noticed for hearing on any «ay in the appoliato division of the supreme eourt, in tho frat dopartment, or in the court of appoais, and. shall be heard on said day.. ; c A, This aot shall take effect immedintely. «/_. Bramm or New Your Pag + [3 Offloo:of “a geometry» gt State, i 8s. ? , Ihave compared the proceding with the orig- ~ Asal Inw on file in this office, and do heroby cor Sify that the ganio: {s: a correct transcript there «trom: and of the whole of said original law. .) *~ JOHN PALMER, Seorotiry of State, .- cammemenl LAWS OF NEW YORK-By Authority. ; {Evory law, untoms a. difforont timo shall be ad 'day after o avo be lew. : Beotion #, article HI, chupter 8, (10:32; l a . CHAPTRR: 501, AKR ACF to amend seotion: “30 hundred: and ahirty of tha code of civil procedure. ame a law May 1%, 1806, with the ap: uf an: Governor, Pasiod, three-fifths 1 : present. The: People of the State of New York, sented in Senate and Assembiy, do enact as Jol : Beotion 1. Section two hundred. and. thirty- \¥wo of the code of civil procedure: is hereb amended to: read as follows * . Bec, 309. Appointments of terms of the su- premise court.-The. juutices, of the: sppeliato division in, sach department may fix the timos . mid places for holding: special and. trial terms therein, and assign the justices of tho depart- ments to bold such torms, or make rules ¥herafor. If said justices of the- enid appellate ha, any: department shall not have arid places: for holding said . trial terms, or aball not- have as- justices: to hold such terms, or , made rules therefor, before the day of, Descmber, in tho year cighteon dred. add ninety-fve,. asd. in every second your thercafter, tho justices of the supreme oour$ for such: judiclat department, or a ma- tity: of 'them no# designatod an juaticen of :. Abd & to muat, botwoon tho firat ~ and Afteenth days of December in each of said. years, appoint the: times and. places: for hold- ing: the triat spocial terms of the supreme court within thoir dopartment, for two yours from: the frat day of January of the year next following ; If, for any reason; such an appoint- ment is not made hofore the expiration of the . Mime no specified, it must be: mude: at the leareat convenient tima: thoreaftor; Atleast rpecial term and two trial terms must be appointed: tobe. held in. each year in cach coun- $y separatoly organized. Fulton and Hamilton shall be doomed omo. county for the purposes of this section. Two or more trial terms: may bo appointed to: bo: hold and may beheld i0 same timo in many county. A friak torn in. any county may be held. in two or more parts, and a jury panel. may bo sum- moned to sorvo in cach part, or jurors may be ~ drawn. from one panel. The rales: mado by the Justices of: an; appollato division for fixing the Himes: and places for holding spocial and trial serms, and -for assigning the justices: to. hold: wuoh terms, must boe: signed by the justices making: thom, and inimvediatoly filed in. tho office thosecratary of atate, and a dupicate must also bo fled In the office of the «lerk of such appollato division, who must im- mediately transmit a copy thoroof, certified by him,, to ench of the Justices of the supremo odurt in auch departmont not designated ns a ' justice of an wppolinte division« The justices of. the: appellate: division 6f cach dopartment are heroby authorized to: adopt and procure an: officint soul, with suitable. dovicos and {n- soription,. A desoription of such goal, with an Ampremlow: thereof, shall be filed in tho office @ the seoretar » of atato. 'The expanse of pro- suck seal shail bo a charge ogninst the ataté, and shall be paid by the state tronsurer zinc]? the. audit and: warrant of the comp: rollers __ ' Meo, % This sot shall tako offect immediately. . ,.. bran or Nuw Your R Office of the Hungry of 13mm} ii I havecompared the preceding with the orig- |. fwal law on fil: in this office, and do hereby cer- Sify that the sanie i a correct transcript thote- frees and of the whols of said original law. . dOMMN PALMER, Secratary of State. ~I mneu LAWS OF NEW YORK-By Authority. [Every law, unlessa different time shall be proscribed therein, shall not take effect until the twentieth day after it shall have become a law. - Seotion 48, article II, chapter 8, General Laws.] - CHAPTER 556. AN ACT to amend section five hundred and fifty-four of the code of criminal procedure. Became a law May 12, 1890, with the approv- al of the Governor. Passed, three-fifths being present. The Pesple of the State of New York, repre- sented in Senate and Assembly, do enact as fol- lows: « Section 1. Section five hundred and fifty-four of the code of criminal procedure is hereby amended ro that the same shall read.: Bec. 554. Before conviction, a defendant may be admitted to bail: 1, For his appearance before the magistrate on the examination of the charge, before being beld to answer. 2, To appear at the court to which the mag: trate is required by section two hundred and twenty-one to return the depositions and state- onts upon the defendant being held to an- swer after examination. 0. After indictment, either upon the bench warrant issued for hls arrest or upon an order of the court committing him or enlarging the amount of bail, or upon his boing surrendered by his bail, to answer the indictment in the court in which it is found, or to which it may be sent or removed for trial. And any captain or sergeant. of police, or noting sergeant of po- leo, in any city or villago of 'this state, must take bail for his appearance before a compo- tent and necessiblo magistrate the next morn- ing from any person arrested for a misde- meanor betwoon eloven o'clock in the morn- Ing and eight o'clock the next morning, just 'as goon as the person offers himself as bail for the person or persons arrested. When such captain or sergoant of policeor acting ser- geant of police takes bail, he must take it by in undertaking in the form in this section mentioned, executed in his presence by the defendant and at least one surety, who must justify undor oath, or by the personal under- ' taking of tho defendant, sooured by the de: posit of money or personal property accom- paniod by an cath of ownership, in the cases and in such manner as horeinaftor provided; and for those purposes the officer may admin: Isfor all necessary oaths. The amount of bail taken by m captain or sergeant of police or acting sergeant of police, under this section, must be as follows If-the offense be the viola- tion of n corporation ordinance, the amount of the bail. must be one hundred dollars, except that if a conviction upon the charge would render the defendant Hable only for a fine, the amount of the bail must be double the largest fine that could be imposed; if the conviction would render him lable to imprisonment for thirty days or less, the amount of the bail must bo: two hundred dollars. In all. other casos the amount of bail must be five hundred dollars. | In Hou of a bondsman, if the offense be tho violation of a corporation ordinance whore conviction ronders the defendant liable to a fine only, he may give his personal under- taking, secured by a deposit with such captain -or sergeant of polico, or soting sergeant of po- lice, of money or of personal property equal In. value to double the largest fine that can be imposed. If porsonal property, the person making or authorizing the deposit shall take and subscribe an onth that he is the owner thereof, and authorized to make such deposit. A false oath in this particular is declared to be perjury and punishable accordingly. Money or personal property thus deposited con- veniently transportable shall be taken to the court, by the officer making the arrest, at the time defendant is required to appear and, upon the conditions of the undertaking being {t shall be restored to the defendant. If the deposit bo personal property, which can not conveniontly be brought to court, the de- - fondant shall bo entitled to an order from the magistrate directing the delivery thereof to the owner after the conditions of the under- taking have hoon satisfled. The form of the undertaking, with surety, must be. as follows: We, A B, defendant, and residing at ......... in ......... and CD surety, residing at ......... hereby jointly und severally undertake that the above A B, defendant, shall appéar and nngwer the complaint (describing it briefly) boforo the magistrate before whom he would be arraigned if not bailed on the .... day of ..... .... eighteen hundred and minoty ..... and at ...... .. O'clock, to answer to the complaint, and thero remain to.answer, subject to an or- der of the: magistmb. and render himself in pxecution thereof, or if be fail to perform pithor of these conditions, then we will pay to tho people of the state of New York the sum Of .... .... dollars. The form of the personal nadertaking, with deposit, shall be as follows: I, A B, defondant, residing at anumber .... street, in tho ........ Of ......... heraby per- sonally undertake and agree, that I will ap- pear and answer to the complaint of violating the. ordinances 'of the corporation of ........, to wit: (here briefly state chargo) before the magistrate before whom I would be arraigned if not bailed, on the .... day of ........, eight- sen hundréd and ninety ...., at .... o'clock in the .,...noon, #o answor to the complaint, and ' there romain to answer, subject to any order :of the rongistrate, and render myself in execu- tion thereof, or if I fail to perform either of theso. conditions, then I will pay to the people of the state of New York the sum of .... dol- lars, to secure which payment there has been deposited herewith (if money, state amount; If personal property, briefly describe). OATH As TO OWNERSHIP. « Bate 0€ ........ sere Of cersseer County Of ........ boing duly sworn, says, that he is the owner of the personal property, menbioned and desoribed in the foregoing undertaking, and is authorised to, and. hereby does, pledge and deposis the same, as security for the ap- pearance of the defendant to anawer the com- plaing mado against him. Subscribed amd aworn. to before me, . the .... day of ......... 1891... SBratm or Naw York, & Office of the Becretary of Etate, h\ f I have compared the preceding with the orig- inal law on file in this office, and do Reroby cor- tify that the same is a correet transcript there- from and of the whole of said original law. JOHN PALMER, Secretary of Btate. LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall be prescribed thorein, shall not take effect until the twentiath day after i% shall have become a law. Section 49, article II, chapter 8, Genoral Laws.] CHAPTER S01. AN ACT to amend section sixty-eight of the code of civil procedure. Became a low May 12, 1806, with the ap- proval of the Governor. Passed, three-fifths being present. The People of the State of New York,. repre- Imam in Senate and Assembly, do enact as fol- ows: Bection 1. Section sixty-cight of the code of sivil procodurois hereby amended so as to read as follows: , Beo. 68. Boforo an attorney or counselor is suspended or removed as prescribed in the last section, a copy of the charges against bim. must bo delivered to him, and he must be nllowed an opportunity of being heard in his defense, It shall bo the duty of uny district attorney within the department, when so designated by the appellate division of the suprome court, to prosecute all cases for the removal or suspension of attornoys and coun- wolors as aforesaid. 'The presiding justice of the appollate division muking the said order of designation aforesaid or the other of refer- ence in such cases, may make an order direct Ing the expenses of such proceedings, to be paid by thoe county treasurer of the county : whore the attorney or counsolor removed or suspended, or against whom charges were made as nforcsaid, had his last known place of residence or principal place of business, which expensos shall bo a charge upon such county. Soe. 2. This act shall take effect September frst, cightcen hundred and ninety-six. BraArk or New Youk 'na. + Office of the Secretary of State, fsec . I have compared the preceding with the orig- inal law on file in this office, and do hereby cer- tify that the same is a correct transcript there- froni and of the whole of said original law. JOHN PALMER, Secretary: of State. PUESDAY, JULY 28 LAWS OF NEW YORK-By Authority, [Every Inw, unless a different time shall be prescribed thergin, shall not take effect until tho twenticth day after it shall have become a law. Section 48, article II, chapter 8, General Laws.] CHAPTER 550. AN ACT to amend the code of civil procedure. Became a low May 12, 1806, with the ap: proval of the Governor, Passed, a majority being present. The People of the State of New York, repre- sented in Senate and Assembly, do enact as fol- lows: ~* Section 1. Section one hundred and ninety- one of the code of civil procedure. is hereby amended so as to read as follows: Sec. 191. The jurisdiction conferred by the last section, is subject to the following limita- tions, exceptions and conditions: 1. No appeal shall be taken to said court, in gry civil action or proceeding commenced in any court other than the supreme court, coun- ty court or a surrogate's court, unless the ap- pellate division of the supreme court allows the appeal by an order made at the term which rendered the determination, or at the next term after judgment is entered there- upon. and shall certify that in its opinion a question of law is involved which ought to be reviewed by the court of appeals. 2. No sppeal shall be taken to said court from a judgment of affirmance hereafter ren- dered in an action to recover damages for a personal injury, or to recover damages for in- juries resulting in death, or in an action to set aside a judgment, sale, transfer, convoy- ance, assignment or written instrument as in fraud of the rights of creditors, when the de cision of the appellate division of the supreme court is unanimous, unless such appellate di- vision shall certify that in its 'opinion a ques- tion of Inw is involved which ought to be re- viewed by the court of appeals, or unless in case of its refusal to so certify, an appeal is allowed by a judge of the court of appeals. 8. The jurisdiction of the court is limited to the review of questions of law. . 4. No unanimous decision of the appellate division of the supreme court that there is evidence supporting or tending to sustain a finding of fact or a verdict nog directed by the court, shall be reviewed by the court of ap- peals. Sec. 2. This act shall take effect immediately. Srark or NEw York, . Office of the Secretary of State, 3 88.: I have compared the preceding with the orig- inal law on file in this office, and do hereby cer- tify that the same is a correct transcript there- from and of the whole of said original law, JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twenticth day after it shall have become a law. Section 48, orticle II, chapter 8, General Laws.] CHAPTER 502. - AN ACT to amend section four hundred and thirty-six of the code of civil procedure, in relation to the service of papers. _> Became a law May 12, 1896, with the ap- proval of the Governor. Passed, three-fifths being presont. The People of the State of New York, repre- genial in Senate and Assembly, do enact as fol- ows: Section 1. Section four hundred and thirty- six of the code of civil procedure, is hereby | amended so as to read as follows: Bec. 480. The order must direct that the service of tho summons be made, by leaving a copy thereof, and of the order, at the resi- dence of the defendant, with a person of proper age, if upon reasonable application, ad- mittance can be obtained, snd such person found who will receive it; or, if admittance can not be so obtained, nor such a person found, by affixing the same to the outer or other door of the defendant's residence, and by depositing another copy thereof, properly inclosed in a post-paid wrapper, addressed to him, at his place of residence, in the post- office at the place where he resides; or upon proof being made by affidavits that no. such residence can be found, service of the sum- mons may be made in such manner as the cours may direct. Bec. 2. This act shall take effect immediately. State or Naw York . Office of the Secretary of State, z as.: I have compared the preceding with the orig inal law on file in this office, and do hereby cer- tify that the same is a correct transcript there- from and of the whole of said original law. JOHN Secretary of State. LAWS OF NEW YORK-By Authority. [Every law, unjees a different time shall be prescribed therein, shall not take effect until the twontisth day after it shall have become a lawr. Bection 48, article II, chapter 8, General Laws.] CHAPTER 5M. AN ACT to smond section sight bundred and thirty-five of the code of civil procedure, relative to tho disclosure of professional communications. Became n law May 12, 1806, with the ap- prowal of the Governor. Passed, a majority being present. The People of the State of New York, repre- sented #n Senate and Assembly, do enact as fel- Beation 1. Section cight hundred thirty-five of the code of civil procedure is hereby amend- ad so as to read asfollows: Eee. 885, Attorneys nnd counselors not to commundcations. -- An attorney or sounselor-at-law shall not be slowed to die slose a communication made by his cHMent to him, or bis advice given thereon, in the conrse of bis peofessional employment, nor shall any slork, stenographer or other person employed by such attorney or counselor be allowed to Bealose any such comm»anica®ton or advice given thereou. . Beo. 2. This act shail take effect September rst, oighteen hundrdd and ninety-six. Rrark of Nw»w Yoar a> Office of the Secretary of State, E se.: a I have compared the preceding with the orié ial on file in this office, and do hereby cer- that the same is a correct transcript there- from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority. {Every law, unless a different time shall be prescribed therein, shall not take effect until the twentioth day after it shall have become a law. Section €, article H, chapter & General Laws.] CHAPTER 570. AN ACT to amend section twenky-five bun- dred and twenty-eight of the code of civil procedure, relative to waiver of the issuance and service of a citation in any proceeding in surrogate's court. - Became a law May 12, 19% with the ap- proval of the Governor. Passed, three-fifths seing present. R The People of the State of New York, repre- ented in Senate and Assembly, do enact as fol- pick: Section 1, Section twenty-five hundred and iwenty-cight of the code of civil procedure is reroby amended to read as follows: Sec. 2528. Appearance, how made; and effect thereof.-In n surrogate's court, a party of lull age may, unless he bas been judicially de- slared to be incompetent to manage his affairs, . prosecute or defend a special proceeding, in person or by attorney regularly admitted to practice in the courts of record, at his elec- tion, except in a proceeding to punish him for rontempt, or where hoe is required to appear n persam, by special provision of law', or by a special order of the surrogate. 'The issue and service of a citation may be waived by a party n any proceeding by an instrument in writ ng, acknowledged or approved as a deed en- litled to be recorded, or by personal appear- ice or by his attorney with written author- zntion executed and acknowledged as a deed ind filed in the office of. the surrogate. 'The ippearance of a party against whom a citation ims been issued, has the same effect ns the ap- pesrance of a defendant in an action brought n the supremo court. Sec. 2. This act shall take effect September irst, eighteen hundred and ninety-six. State or New York . Office of the Secretary of State, E sq.: I have compared the preceding with the orig- nal law on file in this office, and do hereby cer- fify that the same is a correct transcript there- from and of the whole of said original law. & JOHN PALMER, Secretary of State. o # LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall be preseriied therein, Shall not take effect until the twentieth day after it shall have become a law. Section 44, article II, chapter 8, General Laws.] CHAPTER 563. AN ACT to amend the code of civil procedure, relating to the testimony of witnesses. Became a law May 12, 1806, with the ap proval of the Governor. Passed, a majority being prerent., ' The Pebple of the State of New York, repre- 55”th in Senate and Assembly, do enact as fol- wa: Section 1. Section cight bundred and thirty 3f the code of civil procedure is hereby amend- 2d so as to read as follows: Sec. 820. Where a party or witness has died ar become insane since the trial of an action, sr the hearing upon the merits of a special procecding, the testimony of the decedent, or insane person, or of any person who is render- ed incompetent by the provisions of the last section, taken or read in evidence at the for- mer trial or hearing, may be given or read in evidence at a new trial or hearing by either party, subject to any other legal objection to the competency of the witness, or to any legal objection to his testimony or any question put to him,. The original stenographic notes of .such testimony, taken by a stenographer who has since died or become incompetent, may be so read in evidence by any person whose com- petency to read the same accurately is estab- lished to the satisfaction of the court. Seo. 2. This act shall take effect September first, cighteen hundred and ninety-six. BTATE OF NEw YORK . Office of the Secretary ofaém, in“ * © I havecompared the preceding with the orig- inal law on file in this office, and do hereby cer- tify that the same is a correct transcript there from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 48, article TI, chapter 8, General Laws.] . CHAPTER 565. AN ACT to amend section nine hundred and seventy-seven of the code of civil procedure, relative to notices of trial. Became a low May 12, 1806, with the ap- proval of the Governor. Passed, three-fifths boing present. © ' * The People of the State of New York, repre- sented in Senate and Assembly, do enact as fol- lows: Section 1. Section nine hundred and seventy- seven of the code of 'civil procedure is hereby amended so as to read as follows: . Sec. 977. At any*time after the joinder of issue, and at least fourteen days before the commencement of the term, either party may serve a notice of trial» The party serving the notice must file with the clerk a note of issue, 'Btating the title of the action, the names of 'the attorneys, the time when the last pleading 'was served, the nature 'of the issue, whether of fact or of law; and if an issue of fact, whether it is triable by a jury, or by. the court, without a jury. 'The note of issue must be filed at least twelve days before the com- mencement of the term. 'The clerk must thereupon enter the cause upon the calendar, according to the date of the issue. The clerk must prepare the calendar and have the neces- sary copies ready for distribution at least five days before the commencement of the term. In the city 'and county of New York, in. the county of Kings and in the county of Albany, where a party has served a notice of trial, and filed a note of issue, for a term at which the cause is not tried, it is not necessary for him to serve a new notice of trial, or file a new note of issue for a succeeding term; and the action must remain on the calendar until it is disposed of. \ Sec, 2. This act shall take effect on the first day of September, eighteen hundred and nine- ty-six. - StATB oF New York . Office of the Secretary of State, § ss.: I have compared the preceding with the orig- inal law on file in this office, and do hereby cer- tify that the same is a correct transcript there- from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a Taw. Section 43, article II, chapter 8, General Laws.] © CHATPER 566. ° * AN ACT to amend the code of civil procedure, relating to the exemption of trial jurors. Became a law May 12, 1806, the ap- proval of the Governor. Passed, a majority being present. * The People of the State of New York, repre low: > > Section 1. Subdivision three of section ten hundred and thirty of the code of civil pro- cedure is hereby amended to read as follows: 8. The agent or warden of the state prison, the keeper of a county jail; or a person actual- ly employed in a.state prison or county jail and the keeper of every alms-house. . Bec. 2. This act shall take effect September first, eighteen hundred and ninety-six. BraTB or NEw YorK 20, Office of the Becretary of Btate, | *C. ; I have cempared the preceding with the orig- 4nal law on file in this office, and do hereby cer- tify that the same is a correct transcript there- from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority, [Every law, unleds a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a Jaw. Bection 48, article H, chapter 8, General Laws.] CHAPTER 57. AN AOT to amend the code of civil procedure relating to notice of sale of real property. Became a law May 12, 1896, with the ap- proval of the Governor. Passed, a majority being present. The People of the State of New York, repre- sented in Senate and Assembly, do enact as fol- lows: Bection 1. Subdivision two of section four- teen hundred and thirty-four of the code of civil procedure is hereby-amended so as to read as follows: - 2. A copy of the notice must be published at least oncé in each of the six weeks, immedi- ately preceding the sale, in a newspaper pub- lished in the county, or published in an incor- porated village, a part of which is within the county; if there is a newspaper published in such county or village; or, if there is none, in the newspaper printed at Albany, in which legal notices are required to be published. Bec. 2. This act shall take effect immediately. Brame or New York, f Office of the Secretary of State, 3 88.1 Ihave compared the preceding with the orig- inal law on file in this office, and do hereby cer- tify that the same is a correct transcript there- from and of the whole of said original law. JOHN PALMER, Secretary of State. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 48, article II, chapter 8, General Laws.] CHAPTER 508. AN ACT to amend the code of civil procedure, relating to actions upon judgments. Became a law May 12, 1896, with the ap- proval of the Governor. Passed, a majority being present. The People of the State of New York, repre- famed in Senate and Assembly, do qnact as fol- ows: Bection 1. Section nineteen hundred and thirteen of the code of civil procedure is here- by amended to read as follows: Sec. 1918. Action upon judgment regulated.- Except in a case whore it is otherwise special- ly prescribed in this act, an action upon a judg- ment for a sum of money, rendered in a court of record of the state, cannot be maintained between the original parties to the judgment, unless, either: - 1. Ten years have elapsed since the docket ing of such judgment; or, i 2. 3 was rendered against the defendant by defaxglg, for want gt an ~mppearance or plead: sented in Senale and Assembly, do enact as fol- * j LAWS OF NEW YORK-By Authority. : 2 ing, and the summons was served upon bim otherwise then personally; or, %. The court in which the action is brought has previously made an «order 'granting leave to bring it. Notice of the application for such an order must be given to the adverse party, or the person proposed to be made the adverse party, personally, unless it satisfactorily ap pears to the court that personal notice can not be given with due diligence, in which case no- fice sony be given in such a manner as the cours directs. . Sec. 2. This act shall take effect September first, eighteen hundred and ninety-six. Sratk or New Your,. g ss: Office of. the Secretary of State, ** I have compared the preceding with the orig- inal law on file in this office, and do hereby cer- tify that the same is a correct transcript there- from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 43, article IL, chapter 8, General Laws.] CHAPTER 560. AN ACT to amend section twenty-four hun- dred and twenty of the code of civil proced: ure. tol. Became a law May 12, 1896, with the ap proval of the Governor. Passed,ja majority being present. R The People of the State of New York, repre- 2?an in Senate and Assembly, do enact as fol. as: Section 1. Section twenty-four hundred and twenty of the code of civil procedure is here: by amended so as to read as follows: Bec. 2420. If a corporation created under a general statute of the state for the formation of corporations or under any special act o; charter has an even number of trustees or di- rectors who are equally divided respecting the management of its affairs, or if the stock of such corporation is equally divided into not moore than two independent ownerships or in- terests, or if the entire stock of the corpora: tion is at that time owned by the trustees or directors who are even in number or equally divided representing. the management of it: affairs, or if the stock is so divided that one- half thereof is owned or controlled by persons favoring the course of part of the trustees or directors and one-half thereof is owned by persons favoring the course of the other trus- tees or directors the trustees or directors or: the stockholders or one or more of them may present a petition as prescribed in the last section. And it shall be the duty of a majori- ty of the directors or trustees of every corpora- tion created by or under the laws of this state to present a petition as prescribed in the last «section whenever. directed so to do by a ma- jority in interest of its stockholders. But this section does not apply to a savings bank, a trust company, a safe deposit. company, or a corporation formed to rent safes in burglar and fire-proof vaults, or for the construction or operation of a railroad, or for aiding in the construction thereof, or for carrying on the business of banking or insurance, or intended to derive a profi¢ from the loan or use of money. \ ' Bec. 2. This act shall take effect September first, eighteen hundred and ninety-six. Brame op New York, © M Office of the Secretary of State, i se.: I have compared the preceding with the orig- inal law on file in this office, and do hereby cer tify that -the same is a correct transcript there- from and of the whole of said original law. JOHN PALMER, Secrotary of State. LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 48, article II, chapter 8, General Laws.] wos! :- CHAPTER S71. AN ACT to amend. sectign thirty-two, hun dred and fifty-three of the code of civil pro- cedure, relbtive to additional allowances in special proceedings. _ 1 Became a law May 12, 1806, 'with the ap- proval of the Governor: Passed, three-fifths being present. . The People of the State of New York, repre- sented in Senate and Assembly, do enact as fol- 'lows: \ Section 1. Section thirty-two bundred and fifty-three of the gode of civil procedure is here- by amended so as to read as follows: Bec. 8253. Additional allowance to party in difficult cases, et cetera.-In an ac tion brought to forecigse a mortgage upon real property ; or for the partition of real proper- ty; or in a difficult and extraordinary case, where a defense has been interposed, in an action: or except in the first and second judi- cial districts, in a special proceeding by cort jorari to review as askessment, under chapter two hundred and sixty-nine of the laws of eighteen hundred and eighty, and the. acts amending the same the court may also in ifs discretion, award to any party a further sum, as follows:. '. > fos - 1. In an action to foreclose a mortgage, a sum not. exceeding two and one-half per cen- tum upon the sum due or claimed to 'be due | upon the mortgage, nor the aggregate sum of two hundred dollars. 2. In any other case or special proceeding specified in this section, a sum not: exceeding five per centum upon the sum recovered or claimed, or the value of the subject-matter in- volved. - < Bec. 2. This act shall take effect September first, eighteen hundred and ninety-six. SraTe or NEw YohR, I e Office of the Secretary of Qtate, \nt - I have compared the preceding with the orig- inal law on file in this office, and do hereby cer- tify that the same is a correct transcript there: from and of the whole of said original law. JOHN PALMER, Secretary of Btate. LAWS OF NEW YORK-By Authority. [Every law, unless: a-different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.] : , } CHAPTER 572. </ AN ACT to amend the code of civil procedure and the revised statutes, relating to the pay. ment in advance of the fees of county clerks. Became a law May 12, 1806, with the ap: proval of the Governor. Passed, a majority being present. £ ' The People of the State of New York, repre- sented in Senate and Assembly, do enact as fol lows: Section 1. Section thirty-three hundred and four of the code of civil procedure is hereby amended to read as follows: Bec. 3304. Fees of county clerks generally. Acounty clerk is entitled, for the services specified in this section, except where another fee is allowed therefor by special 'statutory provision, to the following fees to be paid in advance: For searching and certifying the title to, and incumbrances upon real property, for each year for which the search is made, for each name, and each kind of conveyance or lien, five cents. - For a copy of an order, record, or other paper, entered. or filed in his . office, eight cents for each folio. For filing a transcript, and making an entry as prescribed in section twelve hundred and fifty-eight of this act, twdive cents. For issuing an execn: tion upon a judgment, a transcript whereof, or of the docket of which, has been filed in his office, fifty cents, to be paid by the party at whose request the execution is issued, and to be collected by the sheriff in addition tc the sum due upon the judgment. Por record: ing and indexing a notice of the pendency of an action filed in his office, ten cents for each folio contained in the notice. For cance} ling such a notice, or a notice filed in- hi: office, as prescribed in. section six hundred and forty-nine of this act, twenty-five cents. For recording any instrument, which must or may legally be recorded by him, ten cents for each folio. For filing a certificate of sat isfaction, or other satisfaction-pi¢ce of 2 mortgage, ard entering the satisfaction, twen ty-five cents. For affixing and indexing aro tice: of foreclosure of a mortgage as prescribes in section twenty-three bundred and. ninety of this act, twenty-five cents. Forenterings minute that a mortgage has been foreclosed, 'ten cents.. For filing and entering a satisfac tion of an assignment of a judgment, twelve cents. For filing and entering the bond ofis . collector or other officer authorized to receive | taxes, twelve cents. . For searching for such : ‘bopd! 'six~ cents. .. F9: «entering satisfactior + woo 'cither agememe, thezaof, tiweive cents. For scaling any papers when required, twelve cents. - For: filing ando l !> docketing. notice of a mechanic's: lien, ten cents. For fling and entering. specifications ~> and all other papers relating to a Hen against a vessel, twenty-five cents. - For fling any p® per required by law to be filed in his office, other than as expressly provided for in this section, six cents. For filing any paper de- posited with him for. safekeeping, mix cents; and for searching for Such a paper, when re- quired, three conts for each paper necessarily opened and examined. Fora certificate, other' ; \than that a paper, for the copying of which he is entitled to a fee, is a. copy, twenty-five cents.. For inquiring into, determining and\ certifying the sufficiency of the sureties of a: sheriff, fifty cents. For attending upon the -> canvassing of votes, given at an election; two. | > dollars. For drawing the necessary certifi-. cates of the result of . the ' canvass, eighteon .centsffor each folio; and for the necessary ' copies thereof, nine cents for each folio, For: notifying the governor that. any person has taken an oath of office, ten cents and the nee: essary postage. For uotifying the governor that any person has neglected to take aqqatb- © of office, or to file or renew any seciirity; | within the time prescribed by law, or- of a: vacancy in an office in his county, ten cente: and the necessary postage. . For notifying any person of his appointment to office; twenty- five cents and the expenses actually and neces. : sarily ificurred in giving the notice, which the . comptroller deems reasonable. For entering: in the minutes of the county court a license 'to keep a ferry, and for a copy then-sot, 'one dollar. For taking and entering a recogni~ zance, from any person authorized to keep a: ferry, twenty-five cents, But a county clerk is not entitled to any fee, under this section, for a copy of, or for filing or certifying, any . paper, in a clwril action or special proceeding,, in a court of which he is ex-officio clerk. Bec. 2. Section one of chapter three of part two of the revised statutes is hereby amended. to read as follows: u . 1. Every conveyance of- real; estate; within: this state, hereafter. made, shall bo recorded: | in the office of the clerk of the.county where» said real estate shall be situated, and such | county clerk shall, upon the request of any party, or a tender of the lawful fees therefor,. record the same in his said office; and-every' such conveyance not so recorded shall be void -. as against any subsequent purchaser, in :gooG: faith, and for a valuable consideration, of the . 'same real estate, or any portion thereof,. «whose conveyance shall be first duly recorded.. ** Bec. 8, This act shall take effect immediately.. x Stats or. New YoRE, \Ase.: Office of the Secretary of State, 3 ** %. I haye compared the preceding with the orig- >- inal law on file'in this office, and do hereby-cer- . tify that the same is a correct transcript there- from and of the whole of said original law. 'JOHN PALMER, Secretary of State: ° LAWS OF NEW YORK-By Authority. | [Every law, unless a different time-:shall be .; prescribed therein, shall not take effect until \ 1% the twentieth day after it shall have become a. > law. Section 48, article HI, chapter 8, Generil‘l Laws.] coo J : _ . CHAPTER §78. °: e \AN ACT to amend the public officers' law, 're .. lating to the removal of certain town and . village officers from office. bums 91 Became A May 12, 1896, with the . ap~ proval of the Governor. Passed, a majqrity\ being present. . . come? The People of the State of New York, _ . sented in. §enata and Assembly, do enact as fol . - lows: ~. 'C R ex lull Section 1. Chapter six hundred. and eighty~'. one of the laws of eighteen hundred and nine: ' ty-two, being chapter seven of the general - laws, entitled \'The . public .officers' law,\\ is hereby amended by adding a new secti'on, to: be known as section twenty-five-a, and \which ~ghall read as follows:~ > A pule s 'SBeo. 25a. Any town or village officer,: except / {g justice of the peage, may 'be [removed from:\ office by the supreme court fof\ Any miscon- duct, maladministration, malfeasance or mal- \: © versation in office. © An application. for: such ** removal may be made 'by any citizen'resident :: '. 'of such town or village and shall be made to the appollate division -of the supreme court ;.. held within the: judicial department embrace ; ing. such town or village. Such application shall be made upon notice to such town officer of not less than eight days, and a copy 'of the; charges upon which the application will be -. : l: ; made must be served with such notice.: Bec. 2. 'This act shall take effect immediately.\ > - gramm or Naw York . $85 . u Officd of the Secretary of State, f°\ 000 0 \I have compared the preceding with the orig :|. inal law on file in this office, and do hereby cer« tify that the same is a correot transcript there- from and of the whole of said original law. | ' ~ i JOHN PALMER, Secretary of State. ~ - LAWS OF NEW YORK-By Authority. [Every law, unless a different : time shall be prescribed therein, shall not take effect unti} .- the twentieth day after it shall have become a : law.. Bection 48, article J, chapter 8, General ~. Laws.] ~ 22 . tur e {=S >. \CHAPTER F4 AN AGT to amend the revised stattites, in re: - ., _. lation to the sommoning of grand juries. ~ . 'Bocame a law May 12, 1890, with the ap...; proval of the: Governor. (Passed, 'a majority being . <0 C00. .. Lo as The People of the State of. New York, repre- |. sented in Senate and Assembly,-do enact as fol- - Section 1.- Sections one and ten of title four of chapter two of part four of the revised stat- c utes are hereby amended to read as follows: ' Bee. 1. The supervisors of 'the several coun: ties of this state, except the city and county: 'of New York, at their annual meetinuge in each <.. year, shall prepare alist of the names of three .-. ~ hundred, persons, to serve as grand Jurors at the terms of | the supreme: court . and ~deunty.; courts, to be held in their gospectivecpoflnties- \L during the then ensuing year. and until new Led ‘ lists shall be returned. | * i : Bec. 10. At the time of drawing the names of jurors for the trial of- iasues of fact, 'in any. .~ > term of: the supreme court or county court, and at the time of drawing such jurors Serthe: general session in the city of New York, the county clerk, in the presence 'and with -the as . \. sistancé of the sheriff or under sheriff; and{of. - the county judge or, in case of his absence or | ._ illness, of the special county judge, or, ins\ county where there is no special county judge,. of the surrogate or of a justice of the smpreme =. court residing in such county, who shall have | attended for the purpose of drawing the trial jury for such court, shall proceed and draw \in and for the city of New York the names of. thirgy-six persons, and in every other county - the names. of twenty-four persons, from the -' box in which the pieces of paper shall have 'been deposited for that purpose, to serve as. ._ grand jurors at euch term of the supreme\. >. \court or county court, or general sessions, as .. the case may be. .. R Bec, 2. Thiys act shall take effect immed! “$5 : E or NEW YORK wo u Officesgi“ the Secretary of State; z 88.1 - T have compared the preceding with the orig- | .. | inal law cn file in this office, and do hereby cer-, tify that the same is a correct transcript there from and of the whole of-«aid original law, - ' JOHN PALMER, Secretary of State. . LAWS OF NEW YORK-By Authority. [Every law, unless a different time ghall be prescribed therein, the twentieth day after it shall have become a law. Section 43, article IL, chapter 8, General Laws.] ..> no f { CHAPTER 575.) ( AN ACT to amend chapter five: hundred and fifty-six of the laws of eighteen hundred and ninety-four, entitled \An: act to revise, amend and consolidate the general acts re-, ;. lating to public instruction,\ relating tq'thw 2. collection of school district taxes. :. =! -...~.. Became a law May 12, 1806, -with. the. ap» proval of the Governor. Passed, a majority being present. . ak Set The People of the State of New York,rept-. * sented in Senate and Assembly, do enact as fo lows: > - fe Section 1. Section eighty-one. of title seven Aol of chapter five bundred and. fifty-six- of laws of eighteen. hundred and ninety-four,\ knowh as the \compulsory education law,\ is - hereby amended so as to read as follows: c Bec, 81. The collector, on .the recei warrant for the collection of. tixes, shall give notice to the taxpayers of the dis p licly posting written or' printed, * written and partly printed. notic 3pm public places in such dis shall not take effect until ~ ._
