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Subd. 8 added to $ 1474.

CHAPTER 245
AN ACT to amend the civil practice act, in relation to the limitation of

plaintiff's costs in Schenectady county.
Became a law April 1, 1925, with the approval of the Governor. Passed,

three-lifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section fourteen hundred seventy-four of the civil practice act is hereby amended by adding thereto a new subdivision to be subdivision eight, to read as follows:

8. In an action originally brought in the supreme court, triable in the county of Schenectady, and in which the defendant is a resident of the county of Schenectady, which could have been brought, except for the amount claimed therein, in the county court of the county of Schenectady, unless he shall recover five hundred dollars or more.

§ 2. This act shall take effect September first, nineteen hundred and twenty-five.

In effect Sept. 1, 1925.

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CHAPTER 246

8 1363a added.

AN ACT to amend the civil practice act, in relation to the appointment

of a committee of an incompetent soldier, sailor or marine. Became a law April 1, 1925, 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 civil practice act is hereby amended by inserting therein a new section, to be section thirteen hundred and sixtythree-a, to read as follows:

§ 1363-a. Appointment of committee of incompetent soldier, sailor or marine. Where it appears from the petition and other papers that the person alleged to be incompetent resides within the state and by reason of his incompetency, has been granted by the United States government an award, bonus, pension or other remuneration on account of his service as a soldier, sailor or marine in the army or navy of the United States, and that such award, bonus, pension or other remuneration is all, or practically all, of the property of such incompetent, the court, in its discretion, may make an order appointing a committee to receive and hold such award, bonus, pension or other remuneration, in behalf of such incompetent, and to dispose of the same in such manner as the court may direct. Such committee shall give such security for the discharge of his trust as the court thinks proper.

§ 2. This act shall take effect immediately.

259 amended,

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CHAPTER 247
AN ACT to amend the civil practice act, in relation to the people of the

state of New York as a defendant in certain real property actions, and

pleading the interest of the people of the state. Became a law April 1, 1925, with the approva 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. Sections two hundred and fourteen and two hundred ss 214, and fifty-nine of the civil practice act are hereby amended to read as follows:

$ 214. People as defendanti in certain real property actions. In any action brought affecting real property2 upon which the people of the state of New York have or claim to have a lien under articles nine, nine-a or ten of the tax law, the people of the state of New York may be made a party defendant in the same manner as a private person.

$ 259. Pleading interest of the people. Where the people of the state of New York are made a party defendant in an action affecting real property, the complaint shall set forth detailed facts showing the particular nature of the interest in or lien on the real property and the reason for making the people a party defendant, and where the lien is under article ten of the tax law, the name

names of the decedent or decedents against whose estate there is an unpaid transfer tax, the place of residence of decedent at the time of death, the heirs at law and next of kin of decedent and if decedent left none that fact shall be stated, whether decedent died testate or intestate, and whether the estate of decedent has been administered, and if so where; and if not administered, such fact shall be stated; and where the lien is one under articles nine or nine-a of the tax law, the name or names of the corporation or corporations, association or associations, joint-stock company or joint-stock companies, unincorporated company or unincorporated companies, person or persons, or partnership or partnerships against whose property there is an unpaid corporation or franchise tax; and also that the people are made a party defendant for no other reason than the lien of such transfer, corporation or franchise tax. Upon failure to state such facts, the complaint shall be dismissed as to the people of the state of New York.

§ 2. This act shall take effect September first, nineteen hundred In effect and twenty-five.

1 Word “defendant” substituted for word “defendants.”
2 Word “property stituted for word estate."
3 Words "articles nine, nine-a or ten of the tax law,” substituted for words
the transfer tax act."

4 Words “ article ten of the tax law” substituted for words “ the transfer tax act."

5 Words " and where the lien is one under articles nine or nine-a of the tax law an unpaid corporation or franchise tax; 6 Words “

corporation or franchise tax” new,

Sept. 1, 1925,

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$ 379 amended.

CHAPTER 248
AN ACT to amend the civil practice act, in relation to recitals as to heir-

ships in conveyances.
Became a law April 1, 1925, 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 three hundred and seventy-nine of the civil practice act is hereby amended to read as follows:

§ 379. Recitals as to heirships in conveyances. Hereafter, in any proceeding, suit or action pending or hereafter brought in any of the courts of this state, any deed, mortgage, lease, release, power of attorney or other instrument more than twenty years old, executed for the purpose of transferring the title to or interest in lands, tenements or hereditaments situated within this state, which contains recitals that the grantors, grantees, or either, or both, are the heirs at law of a prior owner of the title or interest described in said instrument, shall be presumptive evidence of said heirship as therein recited, if such ! instrument be duly acknowledged or witnessed and proved in any manner required or permitted at the date of the execution thereof, and be duly recorded in any county where any part of the lands described therein shall be located, or duly recorded in the office of the secretary of state of the state of New York.

§ 2. This act shall take effect September first, nineteen hundred and twenty-five.

In effect Sept. 1, 1925.

CHAPTER 249
AN ACT to amend the civil practice act, in relation to abatement of actions

or proceedings in which a public officer, receiver or other trustee is a
party defendant.

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Became a law April 1, 1925, 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 ninety of the civil practice act is hereby amended to read as follows:

§ 90. Abatement by death or removal of public officer or trustee. Where an action or special proceeding is authorized or directed by law to be brought by or in the name of a public officer, or by a receiver, or other trustee, appointed by virtue of a statute, or a public officer, receiver, or such other trustee, is a party defendant in an action or special proceeding, his death or removal does not

1 Formerly thirty years." 2 Words «

or a public officer, receiver, or such other trustee, is a party defendant in an action or special proceeding,” new.

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abate the action or special proceeding; but the same may be continued by or against his successor, who upon his application or that of a party interested, must be substituted for that purpose by the order of the court, a copy of which must be annexed to the judgment-roll. § 2. This act shall take effect September first, nineteen hundred in effect

Sept. 1, and twenty-five.

1925.

1

added.

CHAPTER 250
AN ACT to amend the civil practice act, in relation to fees of county clerks

of certain counties for placing causes on the calendars of the supreme and

county courts. Became a law April 1, 1925, 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 civil practice act is hereby amended by adding: 1554a a new section, to be section fifteen hundred and fifty-four-a, to read as follows:

§ 1554-a. Fees of county clerks of certain counties; special. The county clerk of each of the counties of Niagara, Essex, Orange B and Sullivan, in addition to the fees prescribed by section fifteen

hundred and fifty-four of this chapter, is entitled for the services specified in this section, to the following fees to be paid in advance:

1. For placing a cause on the trial term calendar in the supreme is court, one dollar.

2. For placing a cause on the trial calendar of the county court, one dollar.

§ 2. This act shall take effect September first, nineteen hundred in effect and twenty-five.

Sept. 1, 1925.

CHAPTER 251

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AN ACT to amend the civil rights law, in relation to its application to

fraternities and sororities.

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53

Became a law April 1, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly. s do enact as follows: Section 1. Section fifty-three of chapter fourteen of the laws

L. 1909, of nineteen hundred and nine, entitled “An act relating to civil ch14, rights, constituting chapter six of the consolidated laws,” such a nended. section having been added by chapter six hundred and sixty-four of the laws of nineteen hundred and twenty-three, is hereby amended to read as follows:

§ 53. Copies of documents and statements to be filed. Every existing membership. corporation, and every existing unincorpo

3 Words or against

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rated association having a membership of twenty or more persons, which corporation or association requires an oath as a prerequisite or condition of membership, other than a labor union, a fraternity or sorority having chapters composed only of students in or alumni of colleges and universities in this and another state or states, or a chapter of such fraternity or sorority,' or a benevolent order mentioned in the benevolent orders law, within thirty days after this article takes effect, and every such corporation or association hereafter organized, within ten days after the adoption thereof, shall file with the secretary of state a sworn copy of its constitution, by-laws, rules, regulations and oath of membership, together with a roster of its membership and a list of its officers for the current year. Every such corporation and association shall, in case its constitution, by-laws, rules, regulations or oath of membership or any part thereof, be revised, changed, or amended, within ten days after such revision or amendment file with the secretary of state a sworn copy of such revised, changed or amended constitution, by-law, rule, regulation or oath of membership. Every such corporation or association shall within thirty days after a change has been made in its officers file with the secretary of state a sworn statement showing such change. Every such corporation or association shall at intervals of six months file with the secretary of state a sworn statement showing the names and addresses of such additional members as have been received in such corporation or association during such interval.

§ 2. This act shall take effect immediately.

CHAPTER 252

amended.

AN ACT to amend chapter three hundred and fifty of the laws of eighteen

hundred and sixty-six, entitled "An act to incorporate the Young Men's

Christian Association of the city of New York,” generally.
Became a law April 1, 1925, 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: L. 1866, Section 1. Sections two, four and six of chapter three hundred

350 $82, 4, 6 and fifty of the laws of eighteen hundred and sixty-six, entitled

“An act to incorporate the Young Men's Christian Association of the city of New York," as amended by chapter one hundred and fifty of the laws of eighteen hundred and sixty-nine, are hereby amended to read as follows:

§ 2. The object of this corporation shall be the improvement of the spiritual, mental, physical and social condition of young men of the city of New York, by the support and maintenance of lec1 Words “

a fraternity or sorority having chapters composed only of students in or alumni of colleges and universities in this and another state or states, or a chapter of such fraternity or sorority,” new.

1 The amendments effected by this act are so numerous and extensive that it is impracticable to indioate the changes made,

Object of corporation.

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