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Chap. 732.

AN ACT to amend the legislative law, relative to the printing of the session laws.

BECAME a law May 21, 1894, 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 seventy-one of the legislative law is hereby amended to read as follows:

§ 71. Proposals for printing session laws. The secretary of state and comptroller shall, on or before the first day of April in each year, give at least twenty days' notice in at least two newspapers published in the city of Albany, and that on or before a specified day they will receive sealed proposals for the printing and delivery at the office of the secretary of state, within three days after a copy thereof shall have been furnished of the slips of the session laws, in such number as the secretary of state shall order; and for the printing and the publishing for the use of the state of two thousand five hundred copies or such additional number as the legislature by concurrent resolution may order of the session laws with the indexes thereto, and such other matters as are required to be published therewith, the work to be done in the city of Albany in the same style of exe cution as to type and paper as heretofore furnished. The notice may invite proposals for the printing separately of such laws passed at any session of the legislature as the secretary of state may deem to be general laws, within forty days after the adjournment of the legislature, and the remainder of the laws to be printed separately within ten days after the time limited for the completion of the printing of the general laws, or for the printing or publishing continuously in one or more volumes of all the laws so passed within twenty days after the secretary of state shall have furnished the copy therefor, and of the terms upon which copies of the session laws will be furnished to the public, after the completion and delivery of the state edition to the binder, as directed by the secretary of state, and of the places in the cities of Albany and New York where the same will be kept on sale. To every such bid

there shall be annexed the guaranty of a guarantor of sufficient ability, that the person making such bid will, if the same is accepted, enter into a contract according to the terms thereof, and give the security required within the time specified in the notice, and to every such guaranty a certificate shall be annexed of the county judge where the guarantor resides, that the guarantor is a freeholder and able to make good his guaranty. Upon receiving such proposals, the secretary of state and comptroller shall enter into a contract with the person or persons who make the lowest bid and furnish security of not less than ten thousand dollars, approved by them, and they may dis criminate in favor of such bid as they deem most favorable to the state and to the public, as to price, time and manner of execution, or may reject all the bids, if deemed unfavorable or disadvantageous and advertise anew for such work. The secretary of state, after the execution of the contract, may direct the session laws to be printed or published in two or more volumes, if they can not conveniently be printed or published in one volume. Upon the failure or non-performance of the terms of the contract as entered into, the comptroller shall withhold payment from the contractor for printing and publishing thereunder, and shall enforce payment of the penalty in the bond, which shall be recoverable as liquidated damages in any action by the people.

§ 2. This act shall take effect immediately.

Chap. 733.

AN ACT to amend title ten of part six of the code of criminal procedure, in relation to criminal statistics, and to repeal section fifteen hundred and ninety-two of chapter four hundred and ten of the laws of eighteen hundred and eighty-two.

BECAME a law May 21, 1894, 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. Title ten of part six of the code of criminal procedure is hereby amended to read as follows:

District

attorney to furnish statements to clerk.

Clerk of court of special sessions in

to furnish statements

of state.

TITLE X.

Of Criminal Statistics,

Section 941. District attorney to furnish statement to clerk.
942. Clerk of court of special sessions in the city and
county of New York to furnish statement to

secretary of state.

943. Clerk to furnish statement to secretary of state.
944. Penalty for neglect.

945. Secretary of state to report to legislature.

946. Secretary of state to furnish forms.

§ 941. Within ten days after the adjournment of any criminal court of record in this state, the district attorney of the county in which the court shall be held shall furnish to the clerk of the court a certified statement containing the names of all persons convicted of crime in said court; the crime for which convicted; whether the conviction was upon a trial or upon a plea of guilty; the cases in which counsel were assigned by the court to defend the defendant; the sex, age, nativity, residence and occupation of the defendant; whether married or single; the degree of education and religious instruction; whether parents are living or dead; whether temperate or intemperate, and whether before convicted or not of any crime. If necessary in order to obtain information of these facts, the defendant may be interrogated upon oath in court by the district attorney before judgment is pronounced.

§ 942. Clerk of court of special sessions in the city and county of New York to furnish statement to secretary of state. The New York clerk or the deputy clerk of the court of special sessions in the to secretary city and county of New York shall on or before the first day of February, eighteen hundred and ninety-five, and quarterly thereafter, transmit to the secretary of state a tabulated and certified statement, in the form prescribed by the secretary of state, containing the name of every person convicted of a crime in such court after October thirty-first, eighteen hundred and ninetyfour, and since the date of the closing of each last preceding quarterly report; a description of the offense of which such person was convicted; whether the conviction was upon a trial or upon a plea of guilty; and the date of the conviction.

§ 943. On or before the first day of February, eighteen hundred and ninety-five, and quarterly thereafter the clerk of each county

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clerk to

statements

to secre

tary of

state.

shall transmit to the secretary of state a tabulated and certified County
statement, in the form prescribed by the secretary of state, of all furnish
the matters contained in the statements filed with such clerk by
the district attorney of such county after October thirty-first,
eighteen hundred and ninety-four; and of the name of each per-
son shown to be convicted by a court of special sessions by the
certificate of conviction filed with him by magistrates holding
courts of special sessions after October thirty-first, eighteen hun-
dred and ninety-four, and since the date of the closing of each
last preceding quarterly report made after October thirty-first,
eighteen hundred and ninety-four, and showing the offense for
which each person was so convicted; whether the conviction.
was upon a trial or upon a plea of guilty; the sentence imposed
thereon; and the date of conviction.

neglect.

§ 944. For every neglect of any justice, magistrate or clerk to Penalty for comply with the requirements of this title, he shall forfeit the sum of fifty dollars, to be recovered by a civil action in the name of the people of the state.

secretary of

islature.

§ 945. The secretary of state shall, on or before March first, in Report of each year, cause all the information and statistics contained state to leg in the foregoing certified statements made to him by the several county clerks, to be compiled and tabulated in convenient form for reference, and so arranged that each fact shall appear under its appropriate column or heading, and subdivided according to the crime or offense charged, and transmit the same to the legislature.

of state to

forms.

§ 946. The secretary of state shall cause this title to be published Secretary with forms and instructions for the execution of the duties furnish therein prescribed, and copies thereof to be furnished annually to each county clerk; and a sufficient number of the copies of this title, and of such instructions, and of the forms to be used by the district attorney, or clerk or deputy clerk of the court of special sessions of the city and county of New York, shall also be furnished to each clerk to enable him to furnish at least one copy thereof annually to the district attorney, and the clerk of the court of special sessions of the city and county of New York, and the county clerk shall clerk shall distribute distribute the copies of this title and of such forms and instructions accordingly, and when said county clerk is not a salaried officer his disbursements disbursements and compensation for his ser

Expense of vices under this act shall be a county charge. The expense of uting title, the secretary of state in publishing this title and distributing

distrib

etc.

Section of
New York

copies thereof, and of such forms and instructions as are herein required, shall be paid by the treasurer of the state, upon the warrant of the comptroller, from moneys in the treasury not otherwise appropriated.

§ 2. Section fifteen hundred and ninety-two of chapter four city charter hundred and ten of the laws of eighteen hundred and eighty

repealed.

When takes effect.

Leave to issue execution

me t debtor deau.

two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," is hereby repealed.

§ 3. This act shall take effect on the first day of October, eighteen hundred and ninety-four.

Chap. 734.

AN ACT to amend section thirteen hundred and eighty of the code of civil procedure.

BECAME a law May 21, 1894, 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 thirteen hundred and eighty of the code of civil procedure is hereby amended so as to read as follows:

§ 1380. After the expiration of one year from the death of a judg. party, against whom a final judgment for a sum of money, or directing the payment of a sum of money is rendered, the judg ment may be enforced by execution against any property upon which it is a lien, with like effect as if the judgment debtor was still living. But such an execution shall not be issued, unless an order granting leave to issue it is procured from the court from which the execution is to be issued, and a decree to the same effect is procured from a surrogate's court of this state, which has duly granted letters testamentary or letters of administration upon the estate of the deceased judgment debtor. Continu- Where the lien of the judgment was created as prescribed in udgment section twelve hundred and fifty-one of this act, neither the

ance of

len.

order nor the decree can be made until the expiration of three years after letters testamentary or letters of administration have been duly granted upon the estate of the decedent, and for

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