Code amended. Applica tion of provisions to justices' court of Troy. When takes effect. Chap. 604. AN ACT to amend the code of civil procedure, relative to the Became a law May 19, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. The code of civil procedure is hereby amended by adding thereto the following section to be known as section thirty-two hundred and twenty-five-a. § 3225a. The provisions of sections twenty-nine hundred and ninety to thirty hundred and nine of this act, both inclusive, apply 'to the justices' court of the city of Troy, except that the city clerk of the city of Troy shall fulfil all the duties therein required of the town clerk. § 2. This act shall take effect September first, eighteen hundred and ninety-seven. Chap. 605. AN ACT to amend section twenty-seven hundred and three of Became a law May 19, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section twenty-seven hundred and three of the code of civil procedure is hereby amended to read as follows: 2703. Recording will proved in other States. Where real property situated within this state, or an interest therein, is devised, or made subject to a power of disposition, by a will, duly executed in conformity with the laws of this state, of a person who was, at the time of his death, a resident elsewhere within the United States, and such will has been admitted to probate within any state or territory of the United States and is filed or recorded in the proper office as prescribed by the laws of that state or territory, a copy of such will or of the record thereof and of the proofs or of the record thereof, or, if the proofs are not on file or recorded in such office, of any statement, on file or recorded in such office, of the substance of the proofs, authenticated as prescribed in this article, or if no proofs and no statement of the substance of the proofs be on file or recorded in such office, a copy of such will, or of the record thereof, authenticated as prescribed in this article, accompanied by a certificate that no proofs or statement of the substance of proofs of such will, are or is on file, or recorded in such office, made and likewise authenticated as prescribed in this article, may be recorded in the office of the surrogate of any county of this state where such real property is situated; and such record in the office of such surrogate, or an exemplified copy thereof, shall be presumptive evidence of such will, and of the execution thereof, in any action or special proceeding relating to such real property. § 2. This act shall take effect September first, eighteen hundred and ninety-seven. Chap. 606. AN ACT to amend section eight hundred and ninety-five of the code of civil procedure relating to depositions taken without the state. Became a law May 19, 1897, with the approval of the Governor. Passed, a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section eight hundred and ninety-five of the code of civil procedure is hereby amended to read as follows: § 895. Depositions where adverse party is an infant or committee. The last two sections are not applicable, where the adverse party is an infant, or the committee of a person judicially declared to be incapable of managing his affairs, by reason of lunacy, idiocy or habitual drunkenness. Nor can the applicant be examined in his own behalf, as prescribed in those sections, except by consent of the parties. § 2. This act shall take effect immediately. Chap. 608. AN ACT to amend chapter nine hundred and nine of the laws of eighteen hundred and ninety-six, entitled "An act in relation to the elections, constituting chapter six of the general laws." Became a law May 19, 1897, with the approval of the Governor. Passed, a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section sixty-one of article three of chapter nine hundred and nine of the laws of eighteen hundred and ninety-six, entitled "An act in relation to the elections, constituting chapter six of the general laws," is hereby amended so as to read as follows: § 61. Publication of nominations.-At least six days before an election to fill any public office the county clerk of each county, except New York and Kings, the board of police commissioners of the city of New York, shall cause to be published in not less than two or more than four newspapers within such county or city respectively, and in any county having one hundred thousand or more inhabitants, adjoining a city having a population of one million or more, in not less than six nor more than ten newspapers, a list of all nominations of candidates for offices to be filled at such election, certified to such clerk or board by the secretary of state. or filed in the office of such clerk or board, and in the city of Brooklyn the board of elections of the city of Brooklyn shall cause such publication to be made in the newspapers designated as corporation newspapers of said city. Such publication shall contain the name and residence, and if in a city, the street number of the residence and place of business, if any, and the party or other designation of each candidate, and a fac simile of the emblems or devices selected and designated as prescribed by the fifty-sixth and fifty-seventh sections of this act, to represent and distinguish the candidates of the several political parties or independent bodies. The city clerk of each city, except New York and Brooklyn, and the boards named in such cities, shall at least six days before an election of city officers thereof, held at a different time from a general election, cause like publication to be made as to candidates for offices to be filled at such city election in at least two newspapers published in such city. One of such publications shall be made in a newspaper which advocates the principles of the political party that, at the last preceding election for governor, cast the largest number of votes in the state for such office; and another of such publications shall be made in a newspaper which advocates the principles of the political party that at the last preceding election for governor cast the next largest number of votes in the state for such office. The clerk or board, in selecting the papers for such publications, shall select those which, according to the best information he can obtain, have a large circulation within such county or city. In making additional publications, the clerk or board shall keep in view the object of giving information, so far as possible, to the voters of all political parties. The clerk or board shall make such publication twice in each newspaper so selected in a county or city in which daily newspapers are published; but if there be no daily newspaper published within the county, one publication only shall be made in each of such newspapers. Should the county clerk find it impracticable to make the publication six days before election day in counties where no daily newspaper is printed, be shall make the same at the earliest possible day thereafter, and before the election. Chap. 609. AN ACT to amend the election law, being chapter nine hundred The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section eighty of the election law is hereby amended so as to read as follows: § 80. Official ballots for elections.- Official ballots shall be provided at public expense at each polling place for every election at which public officers are to be elected directly by the people, except an election of school district officers or school officers of a city or village at which no other public officer is to be elected, and except an election of officers of a fire district outside of cities and incorporated villages, at which excepted elections any form of ballots which may be adopted and used by the meeting at which such election shall be had shall be legal. § 2. This act shall take effect immediately. Jurisdic tion to hear application. Chap. 610. AN ACT to authorize and direct the comptroller of this state to Became a law May 19, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Jurisdiction is hereby conferred upon the comp troller of the state to hear and determine the application of James D. Casey for the redemption of lot one hundred and eighty-one, in town lot sixty-three, on the south side of Buffalo street, in the city of Rochester, Monroe county, New York, from the sale thereof for unpaid taxes made by the comptroller in the year eighteen hundred and ninety. The said James D. Casey claiming to be the owner of said land and to have been in the occupation thereof at the time of such sale and ever since, and that no notice to redeem has ever been served on him as prescribed by law; the said comptroller is hereby authorized and directed to act upon such appli cation in the same manner, and with the same effect, as if the application had been made within the time allowed by law for the redemption thereof. Chap. 611. AN ACT to amend section two hundred and eleven of the code of Became a law May 19, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section two hundred and eleven of the code of criminal procedure is hereby amended so as to read as follows: § 211. Defendant to choose how he shall be tried. If the crime with which the defendant is charged be one triable, as provided in subdivision thirty-seven of section fifty-six, by a court of special |