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fixing damages, the deposit of money or securities in lieu thereof, and the proceedings and authority to distribute and apportion the same, and the effect of a failure to make the deposit as thus required, shall apply to such corporation and commission, except so far as inconsistcnt with this section, and after a commission shall have been appointed under this section to ascertain, estimate and fix damages as hereinbefore provided, the corporation which made the application therefor may proceed without prejudice to obtain such other consent or authority as it may require, and the proceedings had under tho authority given

by this section may be presented in aid of any application it may make. Act not to § 5. None of the provisions of this act shall apply to the counties Apels Pork of New York and Westchester, and nothing herein contained shall be and West- deemed to affect existing provisions of laws as to the acquisition of

the title to real estate for railroad purposes.

$ 6. This act shall take effect immediately.

chester counties.

CHAP 894.



AN ACT to incorporate Luther M. Wheeler Post Number
Ninety-two, Grand Army of the Republic.

PASSED July 1, 1882 ; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. George T. Balch, William H. Hall and Robert F. Knapp, trustees, duly elected at a regular meeting of Luther M. Wheeler Post Number Ninety-two, Grand Army of the Republic, and

their successors are hereby constituted a body corporate by the name Name and and title of Luther M. Wheeler Post Number Ninety-two, Grand

Army of the Republic, and by that name they and their successors shall have perpetual succession, and shall be capable in law of taking by devise, purchase or otherwise, and to hold, mortgage, transfer and convey real and personal property not exceeding in amount and value the sum of fifty thousand dollars. They may also have and use &

common seal anú may change and alter the same at pleasure. Terms of $ 2. The said trustees shall hold office as follows, namely: Said

Balch shall hold the office of said trustee for three years from the date of the next regular annual election of said post, and the said Hall shall hold the office of said trustee for two years from the date of the next regular annual election of said post, and the said Knapp shall hold the office of said trustee for one year from the date of the next regular annual election of said post.

8 3. There shall be elected annually at said annual meeting of said post one trustee to fill the vacancy caused by the expiration of the term of office of one of said trustees, beginning at the regular annual election to be held in December, eighteen hundred and eighty-three. Vacancies occurring in the board of trustees due to death or other cause may be filled at any regular meeting of the said

post. Objects.

$ 4. The objects to be accomplished by this organization are as follows:

First. To preserve and strengthen those kind and fraternal feelings which bind together the soldiers, sailors and marines who united to

office of trustees.

Annual ele ion of one trustee,

suppress the late rebellion, and to perpetuate the memory and history of the dead.

Second. To assist such former comrades in arms as need help and protection; and to extend needful aid to the windows and orphans of those who have fallen.

Third. To maintain true allegiance to the United States of America, based upon a paramount respect for and fidelity to the national constitution and laws; to discountenance whatever tends to weaken loyalty, ivcites to insurrection, treason or rebellion, or in any manner impairs the efficiency and permanency of our free institutions, and to enconrage the spread of universal liberty, equal rights and justice to all men.

şă. The said corporation shall have full power and authority to Corporate make and establish such constitution and by-laws, rules and regulations powers. from time to time as they shall think proper, for all the purposes, objects and gorernment of the corporation : the time, place and manper of electing officers, the period of their continuation in office, their removal from office, their powers and duties; the election of members and their dismissal and suspension ; for the regulation and payment of fees, penalties and other dues ; for the management of its funds and property; and from time to time to alter, modify or repeal such constitution, by-laws, rules and regulations.

$ 6. The said corporation, by its trustees, shall possess all the powers and be subject to the provisions prescribed by title three of chapter eighteen of part one of the Revised Statutes, so far as the same are applicable.

$7. The location of said corporation shall be in the village of Sar- Location. atoga Springs, in the county of Saratoga.

$ 8. This act shall take effect immediately.

CHAP 395.

levied upon

AN ACT to enable the town of Watervliet to pay the amount

equitably owing by it to certain hospitals in the city of Albany, for the support and care of certain of its poor therein.

PASSED July 1, 1882 ; three-fifths being present, The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The board of supervisors of the county of Albany shall Tax to be at its fall session in the year eighteen hundred and eighty-two, levy and assess upon the taxable property of the town of Watervliet, in the town of same manner as other town charges are assessed upon saiä town, the vliet. sum of fonr thousand seven hundred and forty-three ninety-two onehundredths dollars, being the total sum audited by the board of town auditors of said town, acting under and by virtue of chapter thirtynine of the laws of eighteen hundred and eighty-two, in favor of the Albany Hospital, the Child's Hospital, the Albany City Homeopathic Hospital, Albany Guardian Society, and Saint Peter's Hospital, all of such hospitals being situated in the city of Albany. The amount thus levied and assessed shall be raised by tax, and paid over to the supervisor of the town, who shall immediately pay over to the treasurer of each hospital above named the amount of such bill as audited by the

board of town auditors under the act as aforesaid, and the receipt of such treasurer shall be a sufficient voucher for the payment of such money.

$ 2. This act shall take effect immediately.

CHAP 896.

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AN ACT to provide for the construction of an iron bridge over

the Mohawk basin at Archi street, in the village of Green Island, in the county of Albany.

PASSED July 1, 1882 ; three-fifths being present. The People of the State of New York, representeil in Senate and

Assembly, do enact as follows: Superin- SECTION 1. The superintendent of public works is hereby directed tendent of public and required to provide for the construction of an iron bridge over works to Mohawk basin at Arch street, in the village of Green Island, in the build iron bridge county of Albany, upon plans and specifications to be drawn up by upoo plans the state engineer, immediately after the passage of this act; such drawn by plans and specifications shall provide for the construction of such gineer. bridge for a sum not to exceed seven thousand dollars.

$ 2. Upon the completion of such plans and specifications by the state engineer, the superintendent of public works shall proceed at once with the construction of such bridge, which shall be constructed

in accordance with such plans and specifications. Appropri $ 3. The sum of seven thousand dollars, or sc much thereof as may be

necessary, is hereby appropriated from the general fund for the construction of said bridge, payable on the warrant of the comptroller; provided, however, that the sum hereby appropriated shall cover all costs for land damages and bridge approaches, and that the proper authorities of the village of Green Island and the town of Watervliet shall covenant and agree to maintain said bridge.

8 4. This act shall take effect immediutely.

state en


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AN ACT to amend the Code of Civil Procedure, passed June

second, eighteen hundred and seventy-six, and the several acts amendatory thereof.

Passed July 1, 1882 ; three-fifths being present. The People of the State of New York, representeil in Senate and Assembly, do enact as follows:

SECTION 1. The Code of Civil Procedure, as enacted on the second day of June, eighteen hundred and seventy-six, and as amended by subsequent statutes, is hereby further amended in the several sections hereinafter respectively named as follows:

$ 572. Except in a case where an order of arrest can be granted only When de fendant to by the court, if the defendant is in actual custody, by virtue of an

order of arrest in the action, or upon a surrender in exoneration of hi from cus- bail and the plaintiff neglects to enter judgment in the action, within tody.

be discharged

for costs
of motion.

one month after it is in his power to do so; or neglects to issue execntion against the person of the defendant, within three months after the entry of judgment; or, if the surrender was made after the judgment, within three months after the bail are exonerated thereupon ; the defendant must, upon his application, made upon notice to the plaintiff, be discharged from custody, by the court in which the action was commenced, or by a judge thereof, within the county where the defendant is in custody; unless reasonable cause is shown why the application should not be granted. A defendant, discharged as prescribed in this section, shall not be arrested, upon an execution issued upon a judgment in the action.

(779.) Section seven hundred and seventy-nine, so that it will read as follows:

$ 779. Where costs of a motion, directed by an order to be paid, are Execution not paid within the time fixed for that parpose by the order or if no time is so fixed within ten days after the service of a copy of the order, an execution against the personal property only of the party required to pay them, may be issued in the same form, as nearly as may be, as in execution upon a judgment, omitting the recitals and directions relating to real property, and all proceedings on the part of the party requiring to pay them, except to review or vacate the order, are staved without further direction of the court, until the payment thereof. But the adverse party may, at his election, waive the stay of proceedings. Where the order directs that the costs of the motion abide the event of when the action, or where costs of a motion, awarded by an order, have not coses table been collected, when final judgment is entered, they may be taxed, as entered in part of the costs of the action, or set off against costs awarded to the

judgment. adverse party, as the case requires.

($ 791.) Subdivision second of section seven hundred and ninetyone, so that it will read as follows:

2. An action or special proceeding in which the mayor, aldermen Preferred and commonalty of the city of New York, or a board of officers, exer- causes. cising powers conferred by a statute for the protection of public health, of public or private property, or for the prevention or punishment of violations of a statute relating to either of those subjects, or the cominissioners of pilots in the citv of New York, are parties; where a notice, similar to the notice prescribed in the last subdivision, has been served by their attorney, at the time of service of the notice of trial or argument. The provisions of the last subdivision, relating to moving the trial or argument, apply to a cause within this subdivision.

($ 791.) Subdivision fifth of section seven hundred and ninety-one, 80 that it will read as follows:

“5. In any court, an action, in which an executor or an administra- Ibid. tor, or an infant, or the receiver of a savings bank, or general assigree for the benefit of creditors, is the sole plaintiff or sole defendant; an action for the construction of, or an adjudication upon, a will, in which the administrator with the will annexed, or the executor of the will, is joined, as plaintiff or defendant, with one or more other parties; and, in the court of appeals or the supreme court, an appeal from the decree or decision of a surrogate's court, determining a will to be valid, and admitting it to probate, or determining an instrument offered for probate as a will to be invalid or not entitled to probate as such, or granting general letters of administration."

(8 791.) Subdivision seven of section seven hundred and ninety-one, 80 that it will read as follows:

7. An action against a corporation or joint-stock association, Ibid.


tion of persons

issuing bank notes or any kind of paper credits to circulate as money, or by or against a receiver of such corporation or association. An action in which a county or town is sole plaintiff or defendant."

(8 874.) Section eight hundred and seventy-four, so that it will read

as follows : Witnesses' 68 874. Witnesses' fees, at the rate prescribed by law in an action

in the supreme court, must be paid or tendered when the order is served upon the party or other person required to attend. If the party or person so served fails to obey the order, his attendance may be compelled and he may be punished, in like manner, and the proceedings thereon are the same, as if he failed to obey a subpæna issued from the court in which the action is pending, or, if no action is pending, from the court of which the judge is il member.”

(8 877.) By inserting, immediately after section eight hundred anı! seventy-six, a new section, numbered eight hundred and seventy-seven,

to read as follows: Esamina- $ 877. Where the party or other person to be examined is confined

in a prison or jail within the state, under a sentence for a felony, that in jail, etc, fact must be stated in the affidavit, and his deposition may be taken

as prescribed in the foregoing sections, as if he was not so confined, except that in such a case, the granting or refusing the order, and, if granted, the appointment of a referee to take the testimony, is always in the discretion of the judge. The order must require the production of the prisoner by the person in charge of the prison or jail, at the prison or jail ; but it may prescribe such regulations and restrictions with respect thereto as the judge deems proper.

(8 879.) Section eight hundred and seventy-nine, so that it will read as follows:

“$ 879. The parties to an action may stipulate in writing that the late thal" deposition of a competent witness, to be used therein, may be taken deposition before a judge or referec, at a time and place specified in the stipula.

tion, cither orally or upon interrogatories to be agreed upon in like manner. The witness may be subpænaed to attend the examination as upon a trial, and the judge or referee may take his deposition, as if an order had been made by the court directing it to be so taken. But this section does not apply to a case specified in section eight hundred and scventy-seren of this act."

(S 882.) Section eight hundred and eighty-two, so that it will reach

as follows: Proof re- “S 882. But such a deposition, except that of a party, taken at the required

instance of an adverse party, or a deposition taken in pursuance of a definition stipulation, as prescribed in this article, shall not be so read in evidence

until it has been satisfactorily proved that the witness is dead, or is unable personally to attend by reason of his insanity, sickness, or other infirmity, or that lie is confined in a prison or jail; or that he has been and is absent from the state, so that his attendance could not, with reasonable diligence, be compelled by subpæna.”

(1019.) Section one thousand and nineteen), so that it will read as

follows: Referee's

"§ 1019. Upon the trial, by a referee, of an issue of fact, or an report to issue of law, or where a reference is made as prescribed in section one be filed in sixty thousand and fifteen of this act, the referee's written report must be days. either filed with the clerk, or delivered to the attorney for one of the

parties, within sixty days from the time when the canse or matter is finally submitted ; otherwise either party may, before it is filed or delivered, serve a notice, upon the attorney for the adverse party, that he



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