Chap. 269. AN ACT to amend the code of civil procedure, in relation to gen eral rules concerning payment into court. BECAME a law April 15, 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 seven hundred and forty-four of the code of civil procedure is hereby amended so as to read as follows: Code amended. Comptroller to supervise administra tion of funds, etc. May require § 744. The comptroller of the state of New York shall supervise the administration of all the funds paid into any court of record, and shall prescribe regulations and rules for the care and disposition thereof, which shall be observed by all parties interested therein, unless the court having jurisdiction over the same, shall make different directions, by special order duly entered in accordance with section seven hundred and forty-seven of this act; and the comptroller may at any time require any county clerk to fle clerk or clerk of any court of record, to file with any county county treasurer an officially certified copy of any record, document or paper, or extracts therefrom, which he may deem necessary for the use of said county treasurer in the administration of such funds; the fees of said clerk for making and certifying such copy or copies shall be a charge upon the county where such records, documents or papers are recorded or filed. § 2. This act shall take effect September first, eighteen hundred and ninety-six. copies with treasurer. Chap. 271. AN ACT to regulate the practice of horseshoeing in the cities of the state of New York having a population of fifty thousand inhabitants or more. BECAME a law April 17, 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: houseshoeing without Section 1. No person shall practice horseshoeing as a master Pratice of or journeyman horseshoer in any city of this state having a popu- rezistering lation of fifty thousand inhabitants or more, unless he is duly unlawful. Registration and qualifications for examina tion. Certain persons registered as hereinafter provided in the book for that purpose in the office of the clerk of the county in which he practices. § 2. No person shall be entitled to register as master or journeyman horseshoer without presenting a certificate of satisfactory examination before the board of examiners as provided for in section four, and whose qualifications for examination shall be that he has served an apprenticeship at horseshoeing for at least three years. § 3. Any person who has been practicing as a master or jourter without neyman horseshoer in any such city of this state for the period may regis examina tion. Board of exam ners created. Appointmete, of not less than three years preceding the passage of this act may register within six months after the passage of this act upon making and filing with the clerk of the county in which he practices, an affidavit stating that he has been practicing horseshoeing for the period herein before prescribed, and upon complying with this section shall be exempt from the provisions of this act requiring an examination. Any person who has been practicing heretofore as a master or journeyman horseshoer in any place outside of such cities for a period of three years, upon presenting satisfactory proof thereof to such examiners and filing an affidavit thereof with the county clerk of the county in which any city to which this act applies is located, shall be entitled to register and practice as a master or journeyman horseshoer in such city, without being examined as required by this act. § 4. A board of examiners, consisting of one veterinarian and two master horseshoers and two journeyman horseshoers, is hereby created, all of whom shall be residents of cities of the first or second class, whose duty it shall be to carry out the provisions of this act. The members of said board shall be appointed by the of members. governor, and the term of office shall be for five years, except that the members of said board first appointed shall hold office for the term of one, two, three, four and five years as designated by the governor and until their successors shall be duly appointed. The board of examiners shall hold sessions for the purpose of examining of certi- ing applicants desiring to practice horseshoeing as master or journeyman horseshoer, in each city affected by this act, as often as shall be necessary, and shall grant a certificate to any person showing himself qualified to practice, and shall receive as compensation a fee of two dollars from each person examined. Three members of said board shall constitute a quorum. Sessions and grant ficates. tion book. Admission § 5. The county clerk of each county containing any such city Registra shall provide a book, to be known as the "master and -journeyman's horseshoers' register," in which shall be recorded the names of the registrants, who shall then be entitled to continue the prac tice of horseshoeing. Every applicant who shall have complied of appli with the provisions of sections two and three shall be admitted reg stra to registration, and shall pay the clerk of said county the sum of twenty-five cents, which shall be received as full compensation for such registration. cant to tion. Misde § 6. Any person who shall present to the clerk for the purpose meanor of registration any certificate which has been fraudulently obtained, or shall practice as a master or journeyman horseshoer without conforming to the requirements of this act, or shall otherwise violate or neglect to comply with any of the provisions of this act, shall be guilty of a misdemeanor. 7. This act shall take effect immediately. Chap. 272. AN ACT relating to the domestic relations, constituting chapter forty-eight of the general laws. BECAME a law April 17, 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. CHAPTER XLVIII OF THE GENERAL LAWS. The Domestic Relations Law. Article 1. Unlawful marriages. (§§ 1-4.) 2. Solemnization, proof and effect of marriage. (§§ 10-16.) (§§ 20-29.) 4. The custody and wages of children. (§§ 40-42.) 5. Guardians. (§§ 50-54.) 6. The adoption of children. (§§ 60-68.) 7. Apprentices and servants. (§§ 70-77.) 8. Laws repealed; when to take effect. (§§ 90-91.) ARTICLE 1. Unlawful Marriages. Section 1. Short title; definitions. 2. Incestuous and void marriages. 3. Void marriages. 4. Voidable marriages. Section 1. Short title; definitions. This chapter shall be know as the domestic relations law. A minor is a person under the age of twenty-one years. A minor reaches majority at that age. § 2. Incestuous and void marriages.—A marriage is incestuous and void whether the relatives are legitimate or illegitimate between, either: 1. An ancestor and a descendent, or, 2. A brother and sister of either the whole or the half blood. 3. An uncle and niece or an aunt and nephew. § 3. Void marriages.-A marriage is absolutely void if contracted by a person whose husband or wife by a former marriage is living, unless either: 1. Such former marriage has been annulled or has been dissolved for a cause other than the adultery of such person; 2. Such former husband or wife has been finally sentenced to imprisonment for life; 3. Such former husband or wife has absented himself or herself for five successive years then last past without being known to such person to be living during that time. § 4. Voidable marriages.- A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto: 1. Is under the age of legal consent, which is eighteen years, 2. Is incapable of consenting to a marriage for want of understanding, 3. Is incapable of entering into the marriage state from physical cause, 4. Consents to such marriage by reason of force, duress, or fraud; or, 5. Has a husband or a wife by a former marriage living, and such former husband or wife has absented himself or herself for five successive years then last past without being known to such party to be living during that time. Actions to annul a void or voidable marriage may be brought only as provided in the code of civil procedure. ARTICLE II. Solemnization, Proof and Effect of Marriage. Section 10 Marriage a civil contract; effect of this article. 11. Who may solemnize marriage. 12. Marriage, how solemnized. 13. Duty of clergyman or magistrate. 14. Certificate. 15. Filing and entry of certificate. 16. Certificate, entry and copies evidence. 17. Fees. 18. Effect of marriage of parents on illegitimates. 10. Marriage a civil contract; effect of this article.-Marriage, so far as its validity in law is concerned, continues to be a civil contract, to which the consent of parties, capable in law of making the contract, is essential. This article does not require any marriage to be solemnized in the manner herein specified, and a lawful marriage contracted in the manner heretofore in use in this state, or in the manner and pursuant to the regulations of a religious society to which either party belongs, is as valid as if this article had not been enacted." 11. Who may solemnize marriage. For the purpose of being registered and authenticated as prescribed by this article, a marriage must be solemnized by either: 1. A clergyman or minister of any religion, or the leader of the society for ethical culture in the city of New York; 2. A mayor, recorder, alderman, police justice or police magistrate of a city; or, 3. A justice or judge of a court of record, or of a municipal court, a justice of the peace, or a justice of a district court in the cities of New York and Brooklyn. The word "clergyman," when used in the following sections of this article, includes any person referred to in the first subdivision of this section; the word "magistrate," when so used, |