Persons entitled to be admitted to liberties of the jail. Undertak ing to be executed by the prisoner; its condi tions and provisions. of Watertown. For the county of Herkimer, the whole of the village of Herkimer. For the county of Rensselaer, the whole For the county of Niagara, the whole of For the county of Steuben, the whole of For the county of Nassau, the whole of the of the city of Troy. § 2. Section one hundred and forty-nine of the code of civil procedure is hereby amended so as to read as follows: § 149. A person in the custody of a sheriff, by virtue of an order of arrest; or of an execution in a civil action; or in consequence of a surrender in exoneration of his bail; is entitled to be admitted to the liberties of the jail, upon delivering to the sheriff an approved undertaking as prescribed in the next section. § 3. Section one hundred and fifty of the code of civil procedure is hereby amended so as to read as follows: § 150. The undertaking must be executed by the prisoner, and one or more sufficient sureties, residents, and householders or freeholders of the county, in a penalty at least twice the sum, in which the sheriff was required to hold the defendant to bail, if he is in custody under an order of arrest, or has been surrendered in exoneration of his bail, before judgment; or directed to be collected by the execution, if he is in custody under an exe cution; or remaining uncollected upon a judgment against him, if he has been surrendered after judgment; conditioned, that the person so in custody shall remain a prisoner, and shall not, at any time, or in any manner, escape or go without the liberties of the jail, until discharged by due course of law. Upon the giving and the approval by the court or a judge thereof, or a county judge, of such an undertaking, the prisoner shall be released from the custody of the sheriff and the sheriff shall thereupon be exonerated from liability. But after the allowance of the undertaking as hereinafter prescribed, the same, must be delivered by the clerk, on request, to the party at whose instance the prisoner was in custody. Within two days after the approval by the court, judge, or county judge, the undertaking must be filed by the sheriff with the clerk, and a copy delivered to the party at whose instance the prisoner was in custody, or to his attorney, who shall within three days thereafter serve upon the surety or sureties, or the attorney for the prisoner, a notice that he does not accept him, or them, as bail; otherwise he is deemed to have accepted them. Within three days after the receipt of such notice, the surety or sureties, or the attorney for the prisoner, may serve upon the party, or attorney for the party, at whose instance the prisoner was in custody, notice of justification of the same or other bail before the court of a judge thereof, or a county judge, at a specified time and place; the time to be not less than five days nor more than ten days thereafter, and the place to be within the county where one of the bail resides or where the defendant was arrested. Except as otherwise expressly prescribed in this article, the provisions regulating the substitution of new sureties or a new undertaking, and the examination and qualification of the new sureties, and the allowance of the undertaking after justification, contained in article third of title first of chapter seventh of this act, shall govern. If the bail shall not be allowed, the court, judge or county judge shall remand the prisoner to the custody of the sheriff. §4. Section one hundred and fifty-one of the code of civil procedure is hereby amended so as to read as follows: ing, for § 151. An undertaking so taken is held for the indemnity Undertak of the party at whose instance the prisoner executing it is whom confined. § 5. Section one hundred and fifty-eight of the code of civil procedure, is hereby amended so as to read as follows: held. of sheriff escape. § 158. Where a prisoner, in a sheriff's custody, goes or is at Liability large beyond the liberties of the jail, without the assent of the for an party at whose instance he is in custody, the sheriff is answerable therefor until an undertaking provided for in section one hundred and fifty of this article has been given and approved, as follows: 1. If the prisoner was in custody by virtue of an order of arrest, or in consequence of a surrender in exoneration of his bail, before judgment, the sheriff is answerable to the extent of the damages sustained by the plaintiff. 2. If the prisoner was in custody by virtue of any other mandate, or in consequence of a surrender in exoneration of his bail, after judgment, the sheriff is answerable for the debt, damages, or sum of money, for which the prisoner was committed. 3. Upon the giving and approval of the undertaking in this article mentioned, no action for an escape shall be maintained against the sheriff, Damages in action § 6. Section one hundred and sixty-seven of the code of civil procedure, is hereby amended so as to read as follows: § 167. The person so electing may maintain an action on the taking by undertaking, where an action might have been heretofore on under. assignee. Defence to action assignee. maintained by the sheriff, and he may recover the same damages for the breach of the condition, which he might heretofore have recovered in an action against the sheriff for the escape. § 7. Section one hundred and sixty-nine of the code of civil procedure is hereby amended so as to read as follows: § 169. In an action brought as provided for in the last three brought by sections, the defendant may make any defence, which he might heretofore have made, if the action was brought by the sheriff. § 8. Section one hundred and seventy-one of the code of civil procedure is hereby amended so as to read as follows: Defense of sheriff. Defendant may make money Instead bail. § 171. In an action against a sheriff or other officer, for the escape of a prisoner, it is a defense, that the escape was without the assent of the defendant, and that at the commencement of the action, he had the prisoner within the liberties, either by his voluntary return or by recapture, or that an undertaking required to be given by sections one hundred and forty-nine and one hundred and fifty of this act, was given and approved. § 9. Section five hundred and eighty-two of the code of civil procedure is hereby amended so as to read as follows: § 582. A defendant, or other person arrested or atdeposit of tached on civil process, who is entitled to release on bail, or to on giving the undertaking required by secof giving jail liberties tion one hundred and fifty of this act, may instead of giving bail, or such undertaking, deposit with the sheriff the sum specified in, or endorsed upon such process, or which might be required in such undertaking. The sheriff must thereupon give the prisoner a certificate of the deposit and discharge him from custody. A deposit so made in lieu of an undertaking for jail liberties must be applied, under direction of the court, in satisfaction of any judg ment for escape of the prisoner from such liberties and in payment of any expense incurred in the defense of an action for such escape, and thereafter the surplus, if any, and in case there has been no such escape, the whole, of such deposit must be refunded to the prisoner or his representative, and in case of a deposit in lieu of bail on attachment against the person, it shall abide the disposition of the court, or a judge thereof, or a county judge. § 10. This act shall take effect immediately. Chap. 385. AN ACT to amend the tax law, in relation to notice of completion of assessment roll and review of assessments. Became a law April 26, 1904, 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 thirty-five of chapter nine hundred and eight of the laws of eighteen hundred and ninety-six, entitled "An act in relation to taxation, constituting chapter twentyfour of the general laws," is hereby amended to read as follows: § 35. Notice of completion of assessment roll.-The assessors shall complete the assessment roll on or before the first day of August, and make out a copy thereof, to be left with one of their number, and forthwith cause a notice to be conspicuously posted in three or more public places in the tax district, stating that they have completed the assessment roll, and that a copy thereof has been left with one of their number at a specified place, where it may be seen and examined by any person until the third Tuesday of August next following, and that on that day they will meet at a time and place specified in the notice to review their assessments. Upon application by a nonresident owner of real estate, having real estate in more than one tax district, the assessors may fix a time subsequent to the third Tuesday in August, but not later than the thirty-first day of August, for a hearing and to review their assessment. In any city the notice shall conform to the requirements of the law regulating the time, place and manner of revising assessments in such city. During the time specified in the notice the assessor with whom the roll is left shall submit to the inspection of every person applying for that purpose. § 2. This act shall take effect immediately. Chap. 386. AN ACT to amend the code of civil procedure, in relation to the ascertainment of claims against an executor or administrator. Became a law April 26, 1904, 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 code of civil procedure, is hereby amended, by Inserting therein immediately after section twenty-seven hundred and eighteen, a new section to be known as section twentyseven hundred and eighteen-a to read as follows: § 2718-a. Upon the petition of an executor or administrator, after notice of publication to creditors to present claims has been completed, a citation may be issued against any claimant directing him to present his claim to the surrogate for determi nation at a date not less than three months from the service of the citation upon him. If he shall not have commenced an action against the petitioner upon his claim prior to the return day, the claim shall be deemed forever barred unless on the return day he shall consent to its determination by the surrogate, in which case it shall be so determined. The word claimant within the meaning of this section shall be deemed to include every person claiming to be a creditor of the estate or claiming a right in or lien upon any personal property in the custody of the petitioner or any claim against the petitioner by reason of any act of his in the administration of the estate, or in his representative capacity. § 2. This act shall take effect September first, nineteen hundred and four. |