AN ACT to amend sections two hundred and thirty-two and seven hundred and ninety-three of the code of civil procedure. BECAME a law March 27, 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. Sections two hundred and thirty-two and seven hundred and ninety-three of the code of civil procedure are hereby amended so as to read as follows:

§ 232. Appointments of terms of the supreme court.-The justices of the appellate division in each department may fix the times and places for holding special and trial terms therein, and assign the justices of the departments to hold such terms, or make rules therefor. If said justices of the said appellate division in any department shall not have fixed the times and places for holding said special and trial terms, or shall not have assigned the justices to hold such terms, or shall not have made rules therefor, before the first day of December, in the year eighteen hundred and ninety-five, and in every second year thereafter, the justices of the supreme court for such judicial department, or a majority of them not designated as justices of the appellate division, must, between the first and fifteenth days of December in each of said years, appoint the times and places for holding the trial and special terms. of the supreme court within their department, for two years from the first day of January of the year next following; if for any reason such an appointment is not made before the expiration of the time so specified, it must be made at the earliest convenient time thereafter. At least one special term and two trial terms must be appointed to be held in each year in each county separately organized. Fulton and Hamilton counties shall be deemed one county for the purposes of this section. Two or more trial terms may be appointed to be held and may be held at the same time in any county. A trial term in any county may be held in two or more parts. The rules made by the justices of an appellate division for fixing the times and places for holding special and trial terms, and for assigning the justices to hold such terms, must be signed by the justices making them, and immediately filed in the

office of the secretary of state; and a duplicate thereof must also be filed in the office of the clerk of such appellate division, who must immediately transmit a copy thereof, certified by him, to each of the justices of the supreme court in such department not designated as a justice of an appellate division. The justices of the appellate division of each department are hereby authorized to adopt and to procure an official seal, with suitable devices and inscription. A description of such seal, with an impression thereof, shall be filed in the office of the secretary of state. The expense of procuring such seal shall be a charge against the state, and shall be paid by the state treasurer upon the audit and warrant of the comptroller.

§ 793. Where an order is necessary.-Where the right to a preference depends upon facts which do not appear in the pleadings or other papers upon which the cause is to be tried or heard, the party desiring a preference must procure an order therefor from the court, or a judge thereof, upon notice to the adverse party. A copy of the order must be served with or before the notice of trial or argument. Such an order is not appealable, but it may be vacated by the judge or judges holding the term at · which the preferred cause is noticed for trial or hearing, or by such other justice, or at such other term of court, or at such other time as shall be prescribed by the general or special rules of practice. But a preliminary order is not requisite in a case embraced within subdivision first or second of the last secton but one, and the order in a case embraced within subdivision six thereof may be made ex parte, and is conclusive. Where no order is required, a claim for preference, specifying the provision of law under which the claim is made, may be inserted in the note of issue to be filed with the clerk, and it shall then be the duty of such clerk to place such cause in its proper place among the preferred causes at the head of the calendar; except that in the counties of New York, Kings and Erie, and the seventh judicial. district, no action or special proceeding shall be placed as a preferred cause upon the calendar of any circuit court or trial term or special term of any court as herein provided, but the party desiring a preference of any cause shall serve upon the opposite party, with his notice of trial, a notice that an application will be made to the court at the opening thereof, or to such justice or other term of court or at such other time as shall be prescribed by the gen

eral or special rules of practice, for leave to move the same as a preferred cause, and if the right to a preference depends upon facts which do not appear in the pleadings or other papers upon which the case is to be tried, the notice must be accompanied by an affidavit showing such facts. In said counties of New York, Kings and Erie and in the seventh judicial district, the application for a preference shall be made at the opening of the court, or to such justice or other term of court, or at such other time as shall be prescribed by the general or special rules of practice, and if it shall appear that the cause is entitled to a preference and is intended to be moved for trial at or for the term for which the application is made, the court or justice may direct that it shall be so heard.

§ 2. This act shall take effect immediately.

Chap. 144

AN ACT to amend the fisheries, game and forest law, relating to hunting deer in the counties of Kings, Queens and Suffolk. BECAME a law March 27, 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 of the fisheries, game and forest law, as constituted by chapters three hundred and ninety-five and nine hundred and seventy-four of the laws of eighteen hundred and ninety-five, is hereby amended to read as follows:

§ 170. Deer.-Shooting at, hunting with dogs or otherwise, or killing deer is prohibited, except during each Wednesday in the month of November in each year. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. § 2. This act shall take effect immediately.

Chap. 150.

AN ACT to amend chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five, entitled "An act for the protection, preservation and propagation of birds, fish and wild animals in the state of New York and the different counties thereof," relative to fishing in Otsego lake.

BECAME a law March 27, 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 forty-nine of chapter nine Jundred and seventy-four of the laws of eighteen hundred and ninety-five is hereby amended so as to read as follows:

$149. Frost fish and white fish may be taken with nets in certain lakes.-Frost fish and white fish may be taken from the waters of Otsego lake in the county of Otsego, from the first day of May to the thirty-first day of August, both inclusive, with seines having meshes not less than one and three-quarter inches bar, provided however, that such fishing with seines shall only be done in the daytime, between sunrise and sunset, and pickerel · may be taken through the ice in said lake, by tip-ups or set lines; and frost fish, white fish or Otsego bass, lake trout, perch, eels, and pickerel may be taken from the waters of said lake by rod and reel or by hook and line held in hand from the first day of January to the thirty-first day of October, both inclusive. Frost fish, white fish, catfish, sunfish, pumpkin seeds, bullheads, perch and suckers may also be taken with nets from inland lakes not inhabited by brook trout during such period, and in such manner and under such rules and regulations as the commissioners of fisheries, game and forest may prescribe, which rules and regulations may be amended or abrogated at any time. Such rules may be either general or special at the option of the commissioners and may be published in such manner as they may deem proper. Whoever shall violate or attempt to violate such rules and regulations or the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

§ 2. This act shall take effect immediately.

Chap. 152.

AN ACT to amend section sixteen hundred and seventy-eight of the code of civil procedure, in relation to the sale of real

property.

BECAME a law March 27, 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 sixteen hundred and seventy-eight of the code of civil procedure is hereby amended to read as follows:

§ 1678. Sale; notice of; how conducted.-A sale made in pursuance of any provision of this title, must be at public auction to the highest bidder. Notice of such sale must be given by the officer making it, as prescribed in section fourteen hundred and thirty-four of this act for the sale by a sheriff of real property, by virtue of an execution, unless the property is situated wholly or partly in a city in which a daily newspaper is published, and, in that case, by publishing notice of the sale in such a daily paper, at least twice in each week for three successive weeks, or in a weekly paper published in a city, once in each of the six weeks, immediately preceding the sale, or in the city of New York or the city of Brooklyn, in two such daily papers. If the officer appointed to make such sale does not appear at the time and place where such sale has been advertised to take place, then in that case the attorney for the plaintiff may postpone or adjourn such sale, not to exceed four weeks, during which time such attorney may make application to the court to have another person appointed to make such sale. Notice of the postponement of the sale must be published in the paper or papers wherein the notice of sale was published. The terms of the sale must be made known at the sale, and if the property, or any part thereof, is to be sold subject to the right of dower, charge or lien, that fact must be declared at the time of the sale. If the property consists of two or more distinct buildings, farms or lots they shall be sold separately, unless otherwise ordered by the court; and provided, further, that where two or more buildings are situated on the same city lot, they be sold together.

§ 2. This act shall take effect on the first day of September, eighteen hundred and ninety-six.