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Chap. 189.
AN ACT to amend section twenty-four hundred and fifty-eight of

the code of civil procedure, relative to the right of a judgment

creditor to maintain special proceedings.
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: Code Section 1. Section twenty-four hundred and fifty-eight of the amended.

code of civil procedure is hereby amended so as to read as follows: Right of 8 2458. In order to entitle a judgment-creditor to maintain either judgmentcreditor to of the special proceedings authorized by this article, the judgment special pro- must have been rendered upon the judgment debtor's appearance ceedings.

or personal service of the summons upon him, for a sum not less than twenty-five dollars or substituted service of the summons upon him in accordance with section four hundred and thirty-six of the code of civil procedure; and the execution must have been issued out of a court of record; and either:

1. To the sheriff of the county where the judgment debtor has, at the time of the commencement of the special proceedings, a place for the regular transaction of business in person; or,

2. If the judgment debtor is then a resident of the state, to the sheriff of the county where he resides; or,

3. If he is not then a resident of the state, to the sheriff of the county where the judgment-roll is filed unless the execution was issued out of a court other than that in which the judgment was rendered, and, in that case, to the sheriff of the county where the

transcript of the judgment is filed. When takes § 2. This act shall take effect September first, eighteen hundred

and ninety-seven.

Chap 190.
AN ACT to reappropriate money to improve and repair the state

armory at Catskill, New York, as provided for by chapter eight
hundred and forty-four of the laws of eighteen hundred and

ninety-five.
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. The sum of five thousand dollars remaining in the tion for repairs. treasury unexpended, appropriated by chapter eight hundred and forty-four of the laws of eighteen hundred and ninety-five, providing for improving and repairing the state armory at Catskill, New York, is hereby appropriated for the same purpose; and the comptroller is directed from time to time to pay the same, or so much thereof as may be necessary for the aforesaid purpose, out of the money in the treasury not otherwise appropriated, on the written requisition of the commission appointed by and under chapter eight hundred and forty-four of the laws of eighteen hundred and ninetyfive.

§ 2. This act shall take effect immediately.

corpora

Chap. 192.
AN ACT to amend chapter eighty-eight of the laws of eighteen hun-

dred and sixty-four, entitled "An act to incorporate the Missionary

Society of the Most Holy Redeemer in the state of New York.” Became a law April 7, 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 two of chapter eighty-eight of the laws of eigh- Charter

amended. teen hundred and sixty-four, entitled "An act to incorporate the Missionary Society of the Most Holy Redeemer in the state of New York,” is hereby amended so as to read as follows:

$ 2. The persons named in the first section of this act shall be the Trustees of first trustees of said corporation and all vacancies by death, resigna- tion. tion, removal or otherwise of any of the said trustees and all vacancies that may hereafter occur for any cause among the trustees, shall be filled without unnecessary delay by the remaining trustees, by the election of some person who shall be a recognized member in good standing of the Redemptorist Order in the United States, which is also known as the Congregation of the Most Holy Redeemer, stationed in the state of New York, to fill such vacancy, and at least four votes shall be necessary for the election of any trustee. The provincial for the time being of said Redemptorist Order in the United States shall be one of said trustees. The said trustees may by by-laws increase their number to ten, but there shall never be less than five trustees. The said trustees shall hold a regular meeting at least once each year to transact such business as may be necessary.

§ 2. Section five of said chapter eighty-eight, is hereby amended so as to read as follows:

§ 5. The objects of said corporation shall be the religious instruc- Objects of tion of the people, especially of poor and neglected persons; taking tion.

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care temporarily of small congregations not able to support a clergyman; the erecting, maintaining and conducting of churches of the Roman Catholic faith to enable the members of said churches to meet for divine worship or other religious observances; the erecting, maintaining and conducting of schools and colleges; the giving of missions and to impart a moral education to poor and orphan children.

$ 3. This act shall take effect immediately.

Chap. 193.
AN ACT in relation to the consolidation of domestic and foreign rail.

road corporations.
Became a law April 7, 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 consolidation heretofore effected of a domestic railroad corporation with a foreign railroad corporation, shall not be deemed invalid because such roads at the time of the consolidation did not form a connected and continuous line, if, when the consolidation was effected, an intermediate line, by purchase or by a lease, of not less than ninety-nine years became, with the consolidated roads, a continuous and connecting line of railroad, and such consolidation is hereby ratified and confirmed.

§ 2. This act shall take effect immediately.

Consolidation not deemed invalid.

Chap. 194.
AN ACT creating a commissioner of jurors for each county of the

state having a population of more than one hundred and fifty thou-
sand and less than one hundred and ninety thousand, and regu-

lating and prescribing his duties.
Became a law April 7, 1897, with the approval of the Governɔr.

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 office of commissioner of jurors is hereby created for each county of the state, having a population of more than one hundred and fifty thousand and less than one hundred and ninety thousand, according to the last preceding state enumeration of inhabitants; but this act shall not apply to the county of Albany.

Act amended.

sioner of

for cause.

office,

office,

§ 2. Within twenty days after the passage of this act, at a time Commisand place to be designated by the county judge, by a notice in writing, jurors, the justices of the supreme court residing in each county embraced ment of. within this act, and the county judge of such county, shall meet, and they, or a majority of them, shall thereupon, or within twenty days thereafter, appoint a suitable person to be commissioner of jurors for such county, who shall be a resident of the county, and if a lawyer, shall not while holding such office, directly or indirectly, engage in the practice of law. Such appointment shall be made in writing, and shall be signed by the judges making the same, or a majority of them, and filed in the office of the clerk of such county. The commissioner so appointed shall, unless removed, hold office for five years and until his successor shall be appointed and qualify. The said Removal judges, or a majority of them, may, for cause, at any time remove such commissioner by an instrument in writing to be filed in the county clerk's office of the county for which said commissioner was appointed, and which shall state the cause of such removal; and may in like Vacancy in manner, as hereinbefore provided, appoint a successor and fill any vacancy which may occur in that office.

§ 3. Within ten days after his appointment such commissioner Oath of shall take the usual oath of office, before a justice of the supreme court, and said oath shall be filed by him with the clerk of the county for which he is appointed; and he shall thereupon be entitled to enter upon the discharge of his duties. § 4. The commissioner of jurors in each county embraced within Annual

salary. this act shall receive an annual salary of fifteen hundred dollars, payable in monthly installments by the county treasurer of each of said counties, to be raised by tax by the board of supervisors thereof. The board of supervisors of each county embraced within this act shall also Rooms and

supplies. provide suitable rooms and accommodations for the office of said commissioner, and shall also provide for the payment for books, stationery, printing, and all necessary expenses incurred by him in the discharge of the duties of his office, which expenses shall be first audited by a board consisting of the chairman of the board of supervisors of the county for which said commissioner is appointed, or if not in session, by the chairman of the preceding board of supervisors, and the treasurer and sheriff of said county, and shall be paid by the treasurer of said county. The said commissioner, until the board of Use of supervisors shall make provisions therefor, shall use the county clerk's clerk's office of his county to transact the necessary duties of his office, and shall be supplied by the county clerk with necessary books and supplies, which shall be a county charge.

$ 5. The supervisors and assessors of each of the towns, and the omcials to supervisor of each of the wards in each county embraced within this file lists of act shall within sixty days after written notice given by such com- qualified. missioner requesting the same (which notice may be served upon said

office.

Vol. I 11

persons

commissioner to

officers by mail), prepare, certify and file with such commissioner a list of all persons residing within such town or ward qualified under the laws of this state to serve as grand and trial jurors. At any time thereafter, whenever required by said commissioner, said supervisor and assessors, or said supervisor, shall make an additional list of persons residing in such town or ward qualified to serve as grand and trial jurors. On the failure of any such officials to make and file such

list, the said commissioner shall make and file the same in his office. Jury list,

§ 6. The said commissioner, from the lists filed as provided in

section five of this act, and from such other sources of information prepare.

as he may find available, shall on or before the first day of November in each year make a list of not less than four hundred and fifty names of persons residing within the county for which he is commissioner who are qualified to act as grand jurors, and who are of approved integrity, fair character, sound judgment, and well informed, apportioned among the several towns and wards of such county in proportion to the population of the same. The said commissioner shall also from the lists filed, as provided in section five, and from such other sources of information as he may find available, on or before the first day of November in each year, make a list of not less than three thousand names of persons residing within the county for which he is commissioner, who are qualified to act as trial jurors, and who are of approved integrity, fair character, sound judgment, and well

informed. Record and § 7. The said commissioner shall on or before the tenth day of publication of lists. November in each year cause such list of names of grand and trial

jurors to be alphabetically arranged and entered in a separate book kept by him for that purpose, and shall give, in addition to the name and age, the residence and occupation of each person, which book shall at all reasonable times be open to public inspection; and shall cause the list of grand jurors to be published in at least two news

papers published within said county at least once a week for three Revision of successive weeks. The said commissioner, on or before the first day

of December in each year may revise said list or lists, so prepared, by striking therefrom the name of any person or persons thereon who it shall appear to him are for any good and sufficient reason not qualified to act as grand or trial jurors. Such commissioner shall give notice of a hearing for the proof of exemptions by mailing a notice thereof to each person whose name appears on said revised list to appear at a time and place designated in said notice; and any person

who shall not claim or prove his exemption shall be deemed to have Addition of waived the same, and may not thereafter claim it. And in case the names

number of names upon the lists, as originally prepared by said commissioner, as aforesaid, are reduced, it shall be his duty in the same manner as provided by section six hereof, to add such further or additional names as are required to make the full list of jurors, as pro

same.

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