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persons. If no relative, or guardian of a minor relative, will accept the same, the letters must be granted to the creditors of the deceased; the creditor first applying, if otherwise competent, to be entitled to preference. If no creditor applies, the letters must be granted to any other person or persons legally competent. Letters of administration shall also be granted to an executor or administrator of a deceased person named as sole legatee in a will. The public administrator in the city of New York has preference after the next of kin and after an executor or administrator of a sole legatee named in a will whereby the whole estate is devised to such deceased sole legatee over creditors and all other persons. In other counties, the county treasurer shall have preference next after creditors over all other persons. If several persons of the same degree of kindred to the intestate are entitled to administration, they must be preferred in the following order: First, men to women; second, relatives of the whole blood to those of the half blood; third, unmarried women to married. If there are several persons equally entitled to administration, the surrogate may grant letters to one or more of such persons, and administration may be granted to one or more competent persons, although not entitled to the same, with the consent of the person entitled to be joined with such person or persons; which consent must be in writing, and filed in the office of the surrogate. If a surviving husband does not take out letters of administration on the estate of his deceased wife, he is presumed to have assets in his hands sufficient to satisfy her debts, and is liable therefor. A husband is liable as administrator for the debts of his wife only to the extent of the assets received by him. If he dies leaving any assets of his wife unadministered, except as otherwise provided by law, they pass to his executors or administrators as part of his personal property, but are liable for her debts in preference to the creditors of the husband. If, in an action, brought or about to brought, the intestate, if living, would be a proper party thereto, any party to such action, interested in the subject thereof, may apply to the surrogate's court for the granting of letters of administration to himself, or some other qualified person, and upon the jurisdictional facts being satisfactorily shown, and no relative, or guardian of a minor relative, and no creditor, county treasurer or public administrator consenting to such administration, some legally competent person must be appointed administrator. § 3. This act shall take effect immediately.

Vol. I 10

Chap. 182. AN ACT to amend the game law, and the act amendatory thereof,

relating to taking fish in Canandaigua lake. Became a law April 6, 1897, with the approval of the Governor.

Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, the title to which was amended by chapter three hundred and ninety-five, of the laws of eighteen hundred and ninety-five to read “An act relating to game, fish and wild animals and to the forest preserve and Adirondack park, constituting chapter thirty-one of the general laws, and to be known as the fisheries, game and forest law,” as amended by chapter nine hur dred and seventy-four of the laws of eighteen hundred and ninetyfive, is hereby amended by adding a new section following section one hundred and forty-one and to be known as section one hundred fortytvo to read as follows:

3 142. Taking whitefish; eels and other fish in the waters of Canandaigua lake.- No fish, shall be fished for, caught or killed in any manner or by any device except angling in the waters of Canandaigua lake except as herein provided. It shall be lawful to fish with set lines, no line to exceed six hundred feet in length, one end thereof to le attached at the shore, in the waters of Canandaigua lake, no person to own or operate more than two lines. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

§ 2. All acts and parts of acts inconsistent with this act are hereby repealed.

8 3. This act shall take effect immediately.

amended.

erty.

Chap. 183.
AN ACT to amend section six hundred and thirty-five of the penal

code, relative to injuries to railroad tracks and other injuries to

and interference with property.
Became a law April 6, 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 six hundred and thirty-five of the penal code Code is hereby amended so as to read as follows:

§ 635. A person who wilfully:

1. Displaces, loosens, removes, injures or destroys any rail, sleeper, Injuries to switch, bridge, viaduct, culvert, embankment or structure or any ference in part thereof, attached, appertaining to or connected with any rail-road propway, or by any other means attempts to wreck, destroy, or so damage any car, tender, locomotive or railway train or part thereof, while moving or standing upon any railway track in this state, as to render such car, tender, locomotive or railway train wholly or partially unfitted for its ordinary use, whether operated by steam, electricity or other motive power; or

2. Places any obstruction upon the track of any such railway; or

3. Wilfully destroys or breaks any guard erected or maintained by a railroad corporation as a warning signal for the protection of its employes; or

4. Wilfully discharges a loaded firearm or projects, or throws a stone or other missile at a railway train, or at a locomotive, car or vehicle standing or moving upon a railway; or

5. Wilfully displaces, removes, cuts, injures or destroys any wire, insulator, pole, dynamo, motor, locomotive, or any part thereof, attached, appertaining to or connected with any railway operated by electricity, or wilfully interferes with or interrupts any motive power used in running such road, or wilfully places any obstruction upon the track of such railroad, or wilfully discharges a loaded firearm, or projects or throws a stone or any other missile at such railway train or locomotive, car or vehicle, standing or moving upon such railway; or

6. Removes a journal brass from a car while standing upon any railroad track in this state, without authority from some person who has a right to give such authority, is punishable as follows: First. If thereby the safety of any person is endangered, by imprisonment for not more than twenty years. Second. In every other case by imprisonment for not more than five years.

§ 2. This act shall take effect September first, eighteen hundred and ninety-seven.

books.

Chap 185.
AN ACT in relation to a library for the appellate division of the

supreme court for the second department, and making an appro

priation therefor.
Became a law April 6, 1897, with the approval of the Governor.

Passed, three-fifths being present.
The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Appropria- Section 1. There is hereby appropriated out of any moneys in the tion for

treasury not otherwise appropriated, to be paid by the state treasurer upon the warrant of the comptroller, to the presiding justice of the appellate division of the supreme court of the state of New York for the second department, the sum of three thousand dollars, or so much thereof as said presiding justice shall certify to be necessary for the purpose of purchasing books for a law library for the said appellate division of the supreme court of the second department. The books so purchased shall constitute the law library for the appellate division of the supreme court of the second department, and shall be under the custody and control of the justices of said court.

§ 2. This act shall take effect immediately.

Law library created.

Chap 186.
AN ACT to extend the time in which the Elevated Railroad Pas-

senger insurance company may complete its organization and
make the necessary deposit.
Became a law April 6, 1897, with the approval of the Governor.

Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

Section 1. The period during which the Elevated Railroad Passenger Insurance company may deposit the sum of one hundred thousand dollars in proper securities with the superintendent of the insurance department of the state, in conformity with the laws under which it was organized, is hereby extended to December thirty-first, eighteen hundred and ninety-seven.

§ 2. This act shall take effect immediately.

Chap. 187. AN ACT to remedy irregularities in, and to confirm, the entry of

judgments heretofore filed for entry. Became a law April 6, 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. Every interlocutory or final judgment heretofore filed for entry shall be deemed to have been duly entered, as required by law, as of the time of such filing, and the entry of every such judgment is hereby confirmed.

§ 2. This act shall take effect immediately.

Chap. 188. AN ACT to amend section twelve hundred and thirty-six of the

code of civil procedure, relating to the entry of judgment Became a law April 6, 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 twelve hundred and thirty-six of the code of civil procedure is hereby amended oso as to read as follows:

§ 1236. Entry of judgment.— Every interlocutory judgment or final judgment shall be signed by the clerk and filed in his office, and such signing and filing shall constitute the entry of the judgment. The clerk shall, in addition to the docket-books required to be kept by law, keep a book, styled the “judgment-book,” in which he shall record all judgments entered in his office.

§ 2. This act shall take effect immediately.

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