Judgmenta persons Actitious a docket of such judgment in the office of the clerk in the county where such property is. Upon such notice to a judgment debtor against as the court may direct the supreme court may order that any sued under judgment heretofore or hereafter rendered therein against such names debtor be amended so as to designate such debtor by his name and that the clerk of the county in which the judgment roll is filed redocket such judgment as so amended; and from the time of such redocket during the remainder of ten years from the filing of the judgment roll, such judgment shall bind and be a charge upon the real property and chattels real in that county which such judgment debtor may have at the time of such redocket or may thereafter within said ten years acquire, and a transcript of such new docket may be filed and docketed in the office of the clerk of any other county in the state in like manner and with like effect as a transcript of an original docket may be filed. Upon such notice to a judgment debtor as the court may direct any court other than the supreme court may order that, any judgment heretofore or hereafter rendered therein against such debtor and any docket thereof in such court be amended so as to designate such debtor by his name, and at any time after such amendment shall have been made a transcript of the docket of such judgment as so amended may be filed and docketed in the office of the clerk of any county in this state in like manner and with like effect as a transcript of an original docket may be filed. § 2. This act shall take effect immediately. Chap. 433. AN ACT to amend subdivision four of section twenty-three handred and eighty-eight of the code of civil procedure, relative to the service of certain notices upon heirs. Became a law, May 16, 1905, 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. Subdivision four of section twenty-three hundred and eighty-eight of the code of civil procedure, is hereby amended to read as follows: Notice of sale. service of. 4. A copy of the notice must be served, as prescribed in the next section, upon the mortgagor, or, if he is dead, upon his executor or administrator, if an executor or administrator has been appointed, and also upon his heirs, providing he died the owner of the mortgaged premises. A copy of the notice may also be served, in a like manner, upon a subsequent grantee or mortgagee of the property, whose conveyance was recorded, in the proper office for recording it in the county, at the time of the first publication of the notice of sale; upon the wife or widow of the mortgagor, and the wife or widow of each subsequent grantee whose conveyance was so recorded, then having an inchoate or vested right of dower, or an estate in dower, subordi nate to the lien of the mortgagee; or in the event of the death of the subsequent grantee who was at the time of his death the owner of the mortgaged premises, then upon his heirs; or upon any person, then having a lien upon the property, subsequent to the mortgage by virtue of a judgment or decree duly docketed in the county clerk's office and constituting a specific or general lien upon the property. The notice, specified in this section, must be subscribed by the person entitled to execute the power of sale, unless his name distinctly appears in the body of the notice, in which case it may be subscribed by his attorney or agent. § 2. This act shall take effect September first, nineteen hundred and five. Chap. 434. AN ACT to amend the code of civil procedure, relative to the partition and sale of real property of incompetents. Became a law, May 16, 1905, 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 fifteen hundred and ninety of the code of civil procedure, as amended by chapter nine hundred and fortysix of the laws of eighteen hundred and ninety-five is hereby amended to read as follows: § 1590. Where an infant, idiot, lunatic, or habitual drunkard, holds real property, in joint tenancy or in common, the general of real guardian or coin lunatic. guardian of the infant, or the committee of the idiot, lunatic, Petition for or habitual drunkard, may apply to the supreme court or to the property by County court of the county, wherein the real property is situated, of Infant for authority to agree to a partition of the real property. Where of such application affects the interests of an incompetent person who has been committed to a state institution, and is an inmate thereof, notice of such application must be given to the superintendent, acting superintendent, or state officer having special jurisdiction over the institution where the incompetent person is confined. § 2. Section twenty-three hundred and forty-nine of the code of civil procedure is hereby amended to read as follows: Petition dispose of real prop post erty, by whom § 2349. An application, in either of the cases prescribed, in the last section, must be made by the petition of the general guardian, or the guardian of the property of the infant; or by the made. committee of the property of the lunatic or other incompetent person; or by any relative, or other person, in behalf of either. Where the application is in behalf of an infant of the age of fourteen years or upwards, the infant must join therein. Where the application is made to the supreme court, the petition must be presented at a term held within the judicial district, in which the property, or a part thereof, is situated. Where such application affects the interest of an incompetent person who has been committed to a state institution and is an inmate thereof, notice of such application must be given to the superintendent, acting superintendent, or state officer having special jurisdiction over the institution where the incompetent person is confined. § 3. This act shall take effect September first, nineteen hundred and five. Chap. 435. AN ACT to amend the code of civil procedure, relative to the qualification of a referee. Became a law, May 16, 1905, 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 ten hundred and twenty-four of the code of civil procedure, is hereby amended to read as follows: 970 Referees, eligibility and quali LAWS OF NEW YORK. [CHAP. § 1024. A referee, appointed by the court, must be free from all dations of just objection; and no person shall be so appointed, to whom all the parties object, except in an action to annul a marriage, or for a divorce, or a separation. A judge cannot be appointed a referee in an action brought in a court, of which he is a judge, except by the written consent of the partles; and, in that case, he cannot receive any compensation as referee. No person shall be ap pointed a commissioner of estimate and appraisement in condemnation or street opening proceedings or referee, in the first or second judicial districts, in an action or special proceeding, who holds the position of clerk, private secretary, secretary, or stenographer to any justice or judge of a court of record, or to any board of justices or judges of such a court in any department where such justice or judge is engaged in the discharge of the duties of his office. § 2. This act shall take effect September first nineteen hundred and five. Chap. 436. AN ACT to amend the code of civil procedure, in relation to the Became a law, May 16, 1905, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Section 1. Section thirty-one hundred and forty-six of the code § 3146. Town or city clerk to demand books, et cetera, upon death, et cetera, of justice. If a justice of the peace dies, or his office becomes otherwise vacant, the town or city clerk must demand and receive all books and papers, which belonged to the justice in his official capacity, from any person having them in his possession, and such clerk may make and issue a transcript of a judgment so rendered by such a justice of the peace and appearing upon the docket of such justice of the peace so on file in his office, upon receiving his fees for the same, which shall be the same now allowed a justice of the peace for issuing a transcript, and such transcript so issued by such clerk shall have the same force and effect as though the same had been issued by such justice of the peace during his term of office. § 2. This act shall take effect September first, nineteen hundred and five. Chap. 437. AN ACT to amend the code of civil procedure, in relation to the exemption of jurors. Became a law, May 16, 1905, 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. Subdivision six of section ten hundred and thirty of the code of civil procedure is hereby amended to read as follows: Persons exemption service sa 6. A professor or teacher, in a college or academy, or an editor, editorial writer, artist or reporter of a daily newspaper or press from association regularly employed as such and not following any Jurers. other vocation. § 2. Subdivision four of section ten hundred and eighty-one of the code of civil procedure is hereby amended to read as follows: Persona from jury counties of 4. A professor or teacher in a college, academy or public school, P not following any other calling, or an editor, editorial writer or duty in reporter of a daily newspaper or press association regularly New York employed as such and not following any other vocation. § 3. Subdivision four of section eleven hundred and twentyseven of the code of civil procedure is hereby amended to read as follows: and Kings. from service 4. A professor or teacher in a college, academy, or public school, Persons or in a private school for the instruction of pupils in the usual exemption branches of education, not following any other calling, or an as trial editor, editorial writer, artist or reporter of a daily newspaper or press association regularly employed as such and not following any other vocation. § 4. This act shall take effect September first, nineteen hundred and five. Jurors in county. |