Chap. 298. AN ACT to amend section thirty-one hundred and sixty-nine of the code of civil procedure, relative to warrants of attachment in the city court of The City of New York. Became a law April 12, 1899, 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: amended. Section 1. Section thirty-one hundred and sixty-nine of the code Code of civil procedure is hereby amended so as to read as follows: necessary warrant of ttach ment § 3169. In order to entitle the plaintiff to a warrant of attach- Proof ment against property, he must show by affidavit, to the satisfac- to obtain tion of the justice granting it, that a sufficient cause of action exists against the defendant, to recover damages for one or more causes specified in section six hundred and thirty-five of this act, to an amount stated in the affidavit, which, if the action is to recover damages for breach of contract, must be stated over and above all counterclaims known to the plaintiff; and also that the case is within one of the following subdivisions: 1. That the defendant is a foreign corporation, or being a nat ural person is not a resident of the state. 2. That the defendant, being an adult and a resident of the borough of Manhattan in the city of New York, has departed from the state, with intent to defraud his creditors, or to avoid service of the summons, or keeps himself concealed therein, with like. intent; or that, after proper and diligent effort to ascertain the place of the sojourn of such a resident adult defendant, the same can not be ascertained. 3. That the defendant, being an adult, has removed, or is about to remove, property from the state, with intent to defraud his creditors, or that he has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete property, with the like intent. 4. That the defendant, being an adult and a resident of that borough has been continuously without the United States more than six months next before the granting of the warrant, and has not made a designation of a person upon whom to serve a summons in his behalf, as prescribed in section four hundred and thirty of this act; or a designation so made no longer remains in force. take effect. § 2. This act shall take effect September first, eighteen hun When to dred and ninety-nine. Chap. 299. AN ACT to amend section thirty-two hundred and fifty-three of the code of civil procedure, relating to additional allowances. Became a law April 12, 1899, 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 thirty-two hundred and fifty-three of the code of civil procedure is hereby amended so as to read as follows: § 3253. Additional allowances. In an action brought to foreclose a mortgage upon real property, or for the partition of real property, or in a difficult and extraordinary case (where a defense. has been interposed in an action), or, except in the first and second judicial districts, in a special proceeding by certiorari to review an assessment, under chapter two hundred and sixty-nine of the laws of eighteen hundred and eighty, and the acts amend ing the same, the court may also, in its discretion, award to any party a further sum, as follows: 1. In an action to foreclose a mortgage a sum not exceeding two and one-half per centum upon the sum due or claimed to be due upon the mortgage, nor the aggregate sum of two hundred dollars. 2. In any action or special proceeding specified in this section, where a defense has been interposed, or in an action for the partition of real property, a sum not exceeding five per centum upon the sum recovered or claimed, or the value of the subject-matter involved. § 2. This act shall take effect September first, eighteen hun dred and ninety-nine. Chap. 300. AN ACT to release to Oscar W. Robbins all the right, title and interest of the people of the state of New York of, in and to certain real estate in the town of Bleecker, Fulton county, and state of New York. Became a law April 12, 1899, with the approval of the Governor. Passed, by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Interest of state released. tion of Section 1. All the right, title and interest, which the people of the state of New York acquired by sale of the lands hereinafter described for the payment of unpaid taxes, and on which the said Oscar W. Robbins paid the taxes prior to eighteen hundred and sixty-seven, and up to the present time, and for which he was assessed upon the assessment books, both of the town of Johnstown and the town of Bleecker (the farm of which said lands form a part lying partly in the town of Bleecker and partly in the town of Johnstown), said lands being bounded and described as follows: Beginning at a point on the town line between the Descriptown of Bleecker and the town of Johnstown, twenty-four chains premises. and thirty-four links westerly, from the point where the said town line intersects the westerly town line of the town of Mayfield, and running thence northerly thirty-six chains and twenty links to the southerly line of lot sixty-seven in Mayfield patent; thence westerly seventeen chains and fifty links along the boundary line between lot sixty-seven and lot fifty-four in said Mayfield patent; thence southerly thirty-six chains and fifty links on a line parallel with the first described line to the town line between the town of Bleecker and the town of Johnstown; thence easterly along the said town line seventeen chains and fifty links to the point and place of beginning, and containing about one hundred and sixty acres of land, be the same more or less, are hereby granted, released, conveyed to and vested in Oscar W. Robbins of the town of Johnstown, Fulton county, New York, and to his heirs and assigns forever. § 2. This act shall take effect immediately. Code amended. When service of summons by publica Chap. 301. AN ACT to amend section four hundred and thirty-eight of the code of civil procedure, relating to service of summons by publication. Became a law April 12, 1899, 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 four hundred and thirty-eight of the code of civil procedure is hereby amended so as to read as follows: § 438. An order directing the service of a summons upon a de fendant without the state, or by publication, may be made in either of the following cases. 1. Where the defendant to be served is a foreign corporation; or, being a natural person, is not a resident of the state; or where, tion, etc., after diligent inquiry, the defendant remains unknown to the plaintiff, or the plaintiff is unable to ascertain whether the defendant is or is not a resident of the state. may be ordered. 2. Where the defendant, being a resident of the state, has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons; or keeps himself concealed therein, with like intent.. 3. Where the defendant, being an adult, and a resident of the state, has been continuously without the state of New York more than six months next before the granting of the order, and has not made a designation of a person, upon whom to serve, a summons in his behalf, as prescribed in section four hundred and thirty of this act; or a designation so made no longer remains in force; or service upon the person so designated cannot be made within the state, after diligent effort. 4. Where the complaint demands judgment annulling a marriage, or for a divorce, or a separation. 5. Where the complaint demands judgment, that the defendant be excluded from a vested or contingent interest in or lien upon, specific real or personal property within the state; or that such an interest or lien in favor of either party be enforced, regulated, defined, or limited; or otherwise affecting the title to such property. 6. Where the defendant is a resident of the state or a domestic corporation; and an attempt was made to commence the action against the defendant, as required in chapter fourth of this act, before the expiration of the limitation applicable thereto as fixed in that chapter; and the limitation would have expired, within sixty days next preceding the application, if time had not been extended by the attempt to commence the action. 7. Where the action is against the stockholders of a corporation, or joint-stock company, and is authorized by a law of the state, and the defendant is a stockholder thereof. When a copy of the summons is required by subdivision first or subdivision second of section four hundred and twenty-six of this act, or by section four hundred and twenty-nine of this act, to be delivered to a person other than the defendant, an order, directing the service of a copy of the summons upon such person without the state, or by publication, may be made as prescribed in this section, as if such person was the defendant in the action, and upon a verified complaint and the same proof with respect to such person, as is required in the next succeeding section with respect to a defendant. And sections four hundred and forty to four hundred and forty-four both inclusive, apply to the proceedings in like manner as if such person was a defendant. § 2. This act shall take effect September first eighteen hundred and ninety-nine. Chap. 302. AN ACT to amend article five of the executive law relating to the attorney-general. Became a law April 12, 1899, 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: law Section 1. Article five of the executive law is hereby amended Executive by adding thereto the following section, to be known as section amended. fifty-seven. Duty of attorneygeneral as to enforc ing law § 57. Whenever the governor shall advise the attorney-general that he has reason to doubt whether in any county the law relating to crimes against the elective franchise is properly enforced, crimes the attorney-general shall require from the district attorney of elective relative to against franchise. |