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Chap. 182.

AN ACT to amend the game law, and the act amendatory thereof, relating to taking fish in Canandaigua lake.

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:

Section 1. Chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, the title to which was amended by chapter three hundred and ninety-five, of the laws of eighteen hundred and ninety-five to read "An act relating to game, fish and wild animals and to the forest preserve and Adirondack park, constituting chapter thirty-one of the general laws, and to be known as the fisheries, game and forest law," as amended by chapter nine hur dred and seventy-four of the laws of eighteen hundred and ninetyfive, is hereby amended by adding a new section following section one hundred and forty-one and to be known as section one hundred fortytwo to read as follows:

3142. Taking whitefish; eels and other fish in the waters of Canandaigua lake.- No fish, shall be fished for, caught or killed in any manner or by any device except angling in the waters of Canandaigua lake except as herein provided. It shall be lawful to fish with set lines, no line to exceed six hundred feet in length, one end thereof to le attached at the shore, in the waters of Canandaigua lake, no person to own or operate more than two lines. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

§ 2. All acts and parts of acts inconsistent with this act are hereby repealed.

§ 3. This act shall take effect immediately.

Chap. 183.

AN ACT to amend section six hundred and thirty-five of the penal
code, relative to injuries to railroad tracks and other injuries to
and interference with property.

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:

amended.

Section 1. Section six hundred and thirty-five of the penal code Code is hereby amended so as to read as follows:

§ 635. A person who wilfully:

and interwith rail

erty.

1. Displaces, loosens, removes, injures or destroys any rail, sleeper, Injuries to switch, bridge, viaduct, culvert, embankment or structure or any ference part thereof, attached, appertaining to or connected with any rail- road propway, or by any other means attempts to wreck, destroy, or so damage any car, tender, locomotive or railway train or part thereof, while moving or standing upon any railway track in this state, as to render such car, tender, locomotive or railway train wholly or partially unfitted for its ordinary use, whether operated by steam, electricity or other motive power; or

2. Places any obstruction upon the track of any such railway; or 3. Wilfully destroys or breaks any guard erected or maintained by a railroad corporation as a warning signal for the protection of its employes; or

4. Wilfully discharges a loaded firearm or projects, or throws a stone or other missile at a railway train, or at a locomotive, car or vehicle standing or moving upon a railway; or

5. Wilfully displaces, removes, cuts, injures or destroys any wire, insulator, pole, dynamo, motor, locomotive, or any part thereof, attached, appertaining to or connected with any railway operated by electricity, or wilfully interferes with or interrupts any motive power used in running such road, or wilfully places any obstruction upon the track of such railroad, or wilfully discharges a loaded firearm, or projects or throws a stone or any other missile at such railway train or locomotive, car or vehicle, standing or moving upon such railway; or

6. Removes a journal brass from a car while standing upon any railroad track in this state, without authority from some person who has a right to give such authority, is punishable as follows: First. If thereby the safety of any person is endangered, by imprisonment for not more than twenty years. Second. In every other case by imprisonment for not more than five years.

§ 2. This act shall take effect September first, eighteen hundred and ninety-seven.

Appropriation for

books.

Law library created.

Chap. 185.

AN ACT in relation to a library for the appellate division of the
supreme court for the second department, and making an appro-
priation therefor.

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:

Section 1. There is hereby appropriated out of any moneys in the treasury not otherwise appropriated, to be paid by the state treasurer upon the warrant of the comptroller, to the presiding justice of the appellate division of the supreme court of the state of New York for the second department, the sum of three thousand dollars, or so much thereof as said presiding justice shall certify to be necessary for the purpose of purchasing books for a law library for the said appellate division of the supreme court of the second department. The books so purchased shall constitute the law library for the appellate division of the supreme court of the second department, and shall be under the custody and control of the justices of said court.

§ 2. This act shall take effect immediately.

Chap. 186.

AN ACT to extend the time in which the Elevated Railroad Pas-
senger insurance company may complete its organization and
make the necessary deposit.

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:

Section 1. The period during which the Elevated Railroad Passenger Insurance company may deposit the sum of one hundred thousand dollars in proper securities with the superintendent of the insurance department of the state, in conformity with the laws under which it was organized, is hereby extended to December thirty-first, eighteen hundred and ninety-seven.

§ 2. This act shall take effect immediately.

Chap. 187.

AN ACT to remedy irregularities in, and to confirm, the entry of judgments heretofore filed for entry.

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:

Section 1. Every interlocutory or final judgment heretofore filed for entry shall be deemed to have been duly entered, as required by law, as of the time of such filing, and the entry of every such judgment is hereby confirmed.

§ 2. This act shall take effect immediately.

Chap. 188.

AN ACT to amend section twelve hundred and thirty-six of the code of civil procedure, relating to the entry of judgment 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:

Section 1. Section twelve hundred and thirty-six of the code of civil procedure is hereby amended so as to read as follows:

§ 1236. Entry of judgment.- Every interlocutory judgment or final judgment shall be signed by the clerk and filed in his office, and such signing and filing shall constitute the entry of the judgment. The clerk shall, in addition to the docket-books required to be kept by law, keep a book, styled the "judgment-book," in which he shall record all judgments entered in his office.

§ 2. This act shall take effect immediately.

Code amended.

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:

Section 1. Section twenty-four hundred and fifty-eight of the code of civil procedure is hereby amended so as to read as follows: § 2458. In order to entitle a judgment-creditor to maintain either creditor to of the special proceedings authorized by this article, the judgment special pro- must have been rendered upon the judgment debtor's appearance

Right of judgment

maintain

ceedings.

When takes effect.

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.

§ 2. This act shall take effect September first, eighteen hundred and ninety-seven.

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Appropriation for

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:

Section 1. The sum of five thousand dollars remaining in the repairs. treasury unexpended, appropriated by chapter eight hundred and

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