governor. fee. report to the governor during the month of January in each year, Report to a detailed statement of such expenditures and of the general operations of the said veterinary college. No tuition fee shall be Tuition required of a student pursuing the regular veterinary course, who, for a year or more immediately preceding his admission to said. veterinary college shall have been a resident of this state. The tuition fees charged to other students and all other fees and charges in said veterinary college shall be fixed by Cornell University, and the moneys so received shall be expended for the current expenses of the said veterinary college. § 2. This act shall take effect immediately. Chap, 690. AN ACT to amend chapter five hundred and fifty-nine of the laws Became a law May 22, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section one hundred and sixty-two of the military code is hereby amended to read as follows: § 162. When sheriffs or mayors may call on commanding officers for aid. In case of any breach of the peace, tumult, or resistance to process of this state, or immediate danger thereof, any sheriff of any county, or the mayor of any city, may call for aid upon the commanding officer of the national guard, stationed therein or adjacent thereto. The commanding officer upon whom such call is made, shall order out, in aid of the civil authorities, the military force or any part thereof under his command, and shall immediately report what he has done and all circumstances of the case to the commander-in-chief, but no company which may be enlisted or enrolled at any college or university under the provisions of this act, shall be ordered to do duty outside of the county where such college or university is located, except by the commander-in-chief. § 2. This act shall take effect immediately. Chap. 699. AN ACT to amend the game law, and the act amendatory thereof, The People of the State of New York, represented in Senate and Section 1. Section seventy-eight of 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 ninetyfive 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 hundred and seventy-four of the laws of eighteen hundred and ninety-five, is hereby amended to read as follows: § 78. Certain wild birds protected-Wild birds shall not be killed or caught at any time or possessed living or dead. This provision does not affect any birds the killing of which is prohibited between certain dates by the provisions of this act, nor does it protect the English sparrow, crow, hawk, crane, raven, crow-blackbird, common blackbird and kingfisher; and it does not apply to any person holding a certificate under the provisions of this act. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this section. § 2. This act shall take effect immediately. Chap. 700. AN ACT to amend the fisheries, game and forest law, and the acts amendatory thereof, in relation to the prevention of fires. Became a law May 22, 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 three hundred and ninety-five of the laws of eighteen hundred and ninety-five by the addition of two articles numbered twelve and thirteen respectively, containing section two hundred and eighty-one, which said section was amended by chapter six hundred and fifty-five of the laws of eighteen hundred and ninety-six, and is hereby amended to read as follows: § 281. Fallow fires.-It shall be unlawful for any person to light fires for the purpose of clearing land, burning fallows, stumps, logs or fallen timber, in the towns hereinafter specified in this section, between April first and June tenth, and between September first and November tenth; but from June tenth to September first such fires may be started upon giving three days' notice to a fire warden or district fire warden and securing his written permission. During the period last mentioned, if the place where a fire is to be lighted is near any woodlands or forest which might possibly be endangered by lighting such fire, it shall be the duty of the town fire warden or district fire warden to be present personally when the fire is lighted, and the fire warden or district fire warden thus in attendance shall not permit the starting of any fallow fires, or brush fires, or fires for clearing land, during a dangerous wind, nor until the person desirous of starting such fires shall have employed at his own expense a sufficient number of persons to watch and prevent any possible spreading of the flames, and who shall remain on watch until the fire is out and completely extinguished. The services of a fire warden or district fire warden at such times shall be a town charge, the same as when employed in extinguishing a forest fire; and onehalf of the expense thus incurred by the town may be refunded by the comptroller of the state as herein before provided in case of forest fires. Any person violating the requirements of this sec tion by lighting fallow fires or fires for clearing land otherwise than as herein provided, shall be guilty of a misdemeanor, and in addition thereto shall be liable to a fine of not less than fifty dol lars nor more than three hundred dollars, one-half of which amount shall be paid to the person or persons furnishing the evidence necessary to conviction. The provisions of this section shail apply to Hamilton county, and to the towns of Minerva, Newcomb, North Hudson, Schroon, Keene, Jay, Lewis, North Elba, Saint Armand, and Wilmington, of Essex county; to the towns of Waverly, Harrietstown, Brandon, Santa Clara, Brighton, Belmont, Franklin, Duane and Altamont, of Franklin county; to the towns of Hopkinton, Colton, Clifton, Fine, Edwards, Pitcairn, Clara, Russell, and Parishville, of Saint Lawrence county; to the towns of Diana, Croghan, Watson, Creig, and Lyonsdale, of Lewis county; to the towns of Wilmurt, Ohio, Salisbury, Remson, and Russia, of Her kimer county; to the town of Forestport in Oneida county; to the towns of Stratford, Caroga, Bleecker, and Mayfield, of Fulton county; to the towns of Day, Edinburgh, Hadley, and Corinth, of Saratoga county; to the towns of Johnsburgh, Thurman, and Stony Creek, of Warren county; to the towns of Putnam, Dresden, and Fort Ann, of Washington county; to the towns of Altona, Dannemora, Ellenburgh, Saranac, and Black Brook, of Clinton county; to the towns of Denning, Hardenburgh, Shandaken, Olive, Rochester, Wawarsing, and Woodstock, of Ulster county; to the towns of Neversink and Rockland, of Sullivan county; to the towns of Andes, Colchester, Hancock, and Middletown, of Delaware county; and to the towns of Hunter, Jewett, Lexington, and Windham, of Greene county. § 2. This act shall take effect immediately. Chap. 701. AN ACT to amend the code of civil procedure, relating to an action establishing the validity of the probate of a last will and testament. Became a law May 22, 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. Section twenty-six hundred and fifty-three-a of the code of civil procedure is hereby amended so as to read as follows: § 2653a. Determining validity of a will.- Any person interested as devisee, legatee or otherwise, in a will or codicil admitted to probate in this state, as provided by the code of civil procedure, or any person interested as heir-at-law, next of kin or otherwise, in any estate, any portion of which is disposed of, or affected, or any portion of which is attempted to be disposed of, or affected, by a will or codicil admitted to probate in this state, as provided by the code of civil procedure, within two years prior to the passage of this act, or any heir-at-law or next of kin of the testator making such will, may cause the validity or invalidity of the probate thereof to be determined in an action in the supreme court for the county in which such probate was had. All the devisees, legatees and heirs of the testator and other interested persons, including the executor or administrator, must be parties to the action. Upon the completion of service of all parties, the plaintiff shall forthwith file the summons and complaint in the office of the clerk of the court in which said action is begun and the clerk thereof shall forthwith certify to the clerk of the surrogate's court in which the will has been admitted to probate, the fact that an action to determine the validity of the probate of such will has been commenced, and on receipt of such certificate by the surrogate's court, the surrogate shall forthwith transmit to the court in which such action has been begun a copy of the will, testimony and all papers relating thereto, and a copy of the decree of probate, attaching the same together, and certifying the same under the seal of the court. The issue of the pleadings in such action shall be confined to the question of whether the writing produced is or is not the last will and codicil of the testator, or either. It shall be tried by a jury and a verdict thereon shall be conclusive as to the real or personal property, unless a new trial |