hundred and ninety-two; and for the publication of other officia notices as provided by law. § 2. This act shall take effect immediately. Chap. 85. AN ACT to amend the town law, relating to the powers conferred upon town auditors. BECAME a law March 11, 1896, 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 one hundred and seventy-four of chapter five hundred and sixty-nine of the laws of eighteen hundred and ninety, known as the town law, constituting chapter twenty of the general laws, is hereby amended to read as follows: § 174. Powers conferred upon town auditors.-Upon the election or appointment and qualification of any such board of town auditors in any town, the powers of the town board of that town, with respect to auditing, allowing or rejecting all accounts, charges, claims or demands against the town, and with respect to the examination, auditing and certification of accounts of town officers, shall devolve upon and thereafter be exercised by such board of town auditors, during the continuance of such board; and with respect to the powers so conferred, and the duties so imposed, they shall be the town board of the town during their continuance. No person so elected or appointed shall hold any other office in the town during the term for which he is elected or ap pointed; and if he shall accept an election or appointment to any other office in the town, he shall immediately cease to be a town auditor, and the vacancy in his office shall be supplied in the manner hereinafter provided. § 2. This act shall take effect immediately. 5 Appropria tion for ery. Chap. 86. AN ACT for the purpose of acquiring certain real estate and water rights on Spring creek in Livingston county and making improvements thereon for the benefit and preservation of fish culture at the state hatchery at Caledonia, and making an appropriation therefor. BECAME a law March 11, 1896, 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, or so much thereof state hatch-as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the purpose of acquiring title to certain real estate and water rights on Spring creek above the Caledonia State hatchery in Livingston county, and for concentrating the flow of water from various springs into the channel of said creek, for the benefit and preservation of fish Expendi culture at said state hatchery. Said moneys hereby appropriated shall be expended under the direction of the fisheries, game and forest commission, in the same manner as other expenditures by said commission are now authorized by law. § 2. This act shall take effect immediately. ture for sime. Appropria tion for ance of asylum. Chap. 88. AN ACT making an appropriation for the Thomas Asylum for BECAME a law March 11, 1896, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The sum of twelve hundred dollars, or so much theremainten- of as shall be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, for the maintenance. of the Thomas Asylum for Orphan and Destitute Indian Children during the month of December, eighteen hundred and ninetyfive. Such money shall be paid by the state treasurer on the How payable. warrant of the comptroller to the treasurer of such institution, Chap. 90. AN ACT to amend section thirty-two hundred and ninety-six of the code of civil procedure in relation to the fees of referees. BECAME a law March 11, 1896, 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 thirty-two hundred and ninety-six of the Code code of civil procedure is hereby amended to read as follows: Fees of § 3296. A referee, in an action or a special proceeding brought referees. in a court of record, or in a special proceeding, taken as prescribed in title twelve of chapter seventeen of this act, is entitled to ten dollars for each day spent in the business of the reference; unless at or before the commencement of the trial or hearing, a different rate of compensation is fixed, by the consent of the parties, other than those in default for failure to appear or plead, manifested by an entry in the minutes of the referee, or otherwise in writing, or a smaller compensation is fixed by the court or judge in the order appointing him. § 2. This act shall take effect immediately. Chap. 92. AN ACT to amend section sixty of chapter one of title six of the code of criminal procedure. BECAME a law March 11, 1896, 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 sixty of chapter one of title six of the code of criminal procedure of the state of New York is hereby amended so as to read as follows: § 60. Special Sessions in Brooklyn.- Subject to the power of removal provided for by sections fifty-seven and fifty-eight of this code, the courts of special sessions in the city of Brooklyn shall, in the first instance, have jurisdiction except in case of public officers and conspiracy, to try and determine all complaints made before them, or before a police magistrate, or justice of the peace for misdemeanor committed in said city, where the term of imprisonment does not exceed one year, with or without fine, and to impose the same punishment as is authorized by statute in like cases to be inflicted by the county court of the county of Kings. Where any jury is required for the trial of any crime or misdemeanor in said courts of special sessions in the city of Brooklyn, the said courts shall have power to summons as many jurors as the court may deem necessary for the trial of such action or misdemeanor. The said court of special sessions in the city of Brooklyn shall have power to take bail in a reasonable amount for all misdemeanors and shall have power to take undertakings in bail either with or without the defendant thereon in the discretion of the said courts. All fines imposed by the said courts of special sessions in the city of Brooklyn, or by police magistrates in said city, upon defendants convicted in said courts or by such magistrates, of crimes, misdemeanors or violations. of any city ordinance of the city of Brooklyn, which are paid by such defendants so convicted, to the sheriff of the county of Kings or to the keeper of the peniteniary of said city, shall be paid monthly by the said sheriff or said keeper to the respective clerks of the courts in which the said fines were imposed; provided, however, that the said sheriff or keeper of the penitentiary of Kings county may, in his discretion, pay all of such fines so paid to them, or either of them, directly to the city treasurer of the city of Brooklyn. In an examination held in any criminal proceeding by a police magistrate in the city of Brooklyn, the testimony of each witness may, in the discretion of the magistrate, be taken as a deposition by the official stenographer of the court in which said magistrate holds such examination. Such minutes of the testimony when so taken and when certified by the stenographer and by the magistrate who held such examination, shall both with reference to such examination, and in all procedure in connection with such examination, provided for by any section of this code not inconsistent herewith, be regarded as actually taken down in writing by such magistrate and subscribed by the witness or witnesses at such examination. § 2. This act shall take effect immediately. Chap. 94. AN ACT to amend section seven hundred and fifteen of the code of civil procedure. BECAME a law March 11, 1896, 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 seven hundred and fifteen of the code of civil Code procedure is hereby amended so as to read as follows: receiver. § 715. A receiver, appointed in an action or special proceeding, Security by must, before entering upon his duties, execute and file with the proper clerk, a bond to the people, with at least two sufficient sureties, in a penalty fixed by the court, judge, or referee, making the appointment, conditioned for the faithful discharge of his duties as receiver; and the execution of any such bond by any fidelity or surety company authorized by the laws of this state to transact business, shall be equivalent to the execution of said bond by two sureties. And the court, or, where the order was Romoval of made out of court, the judge making the order, by or pursuant to new bond. which the receiver was appointed, or his successor in office, may, at any time remove the receiver, or direct him to give a new bond, with new sureties, with the like condition. But the fore receiver or |