The Brooklyn Citizen from Brooklyn, New York • 7

THE liilOOKLYN CITIZEN, TUESDAY, JULY 21 1902, FANCY CHIFFON VEH. PRETTY GIBSON WAIST. mm mw subl Board of Estimate Places Cost on Entire Ceaxdenutatioa PreceedlBga te Ao-nire Laad or D. Bridge Flax Authorized, 'v. Jlhe matte of McCarren Park was at last disposed of by the Board of mute at yesterday's meeting.

Controller Grout presented a resolution placing the cast of the IniproTenieot ou the city at Vc0 4 f'Uv V' large. When the Board of Public Im- ptoremenU authorized the park, tlicre was an error in the resolution, which placed all of the cost on the property deemed to be benefited. Mr. Grout spoke in faror of the park, and the Board unanimously I adopted the resolution. The Board also decided that the city should bear one-third and the property fa H', benefited two-thirds of the cost of paring and grading the streets surrounding the Kingston Avenue Hospital, and for the construction of sewer basins nt Albaav am Feniinore streets, and Kingston are-nue and Rutland Kond.

Controller Grout, just prior to the ad- journrneut of the Board, preseuted a resolution approving the institution of condemnation proceedings by the Counsel to acquire property hi the East ein District for the plaza of the Williams burg Bridge. The matter was brought up by the Controller calling upon Clarence C. Ferris, nt. iorBey for the property-owners, for a state ment as to the time of tiling the man on -which the proceeding is based. Mr.

Ferris that the map had been on file since 1897, and was the only man required printed foulard. It is trimmed down the and cuffs are similarly adorned. velvet figures and spots and has a been duly filed, such railroad corporation may construct the same with albthe rights, and with like effect as though the same bad been a part of the original route of its railway then in actual uieration, or as may be provided in said certificate bnt' in every case subject to all the provisions nnd conditions of the said certificate. Every certificate prepared by the board of 'rapid transit railroad commissiouers as aforesaid when delivered to and accepted by such railroad corporation, shall be deemed to constitute a eontracTTbetween the said city and said railroad corporation, according to the terms of the said and such contract shall be enforceable bv the said board acting in the name of anil in behalf of the said city or by the said, corporation according td the terms iherinif, but subject to the provisions this act. The terms of inch contract may from time to time, with the consent of such corporation, be modified by the Imard of rapid transit railroad commissioners liy the vot-if six of its members.

But the construction and operation of such railroad or railroads, connections, extensions, additional track or tracks, or facilities, me hereby authorized only upon the condition that the consent of the owners of one-half in value of the property bounded on. and the "tmsent also of the local authorities having the control of that portion of a street or highway upon, above or under which it is proposed to construct or oiierate the same, lie first obtained, provided that such local authorities shall, upon the presentation to them of any such grant or contract, without requiring the execution of any other agreements than those herein provided for, either' approve or disapprove the same: and every such approval, 'ne and be deemed to be, free of all limitations except those contained in this act or the constitution of the state. In case the consent of sii'h property owners cannot be obtained, the appellate division of the sureme court In the department in which such railroad, railroads, connections, extensions, track or tracks or facilities are proposed to he constructed, may. riion application, in the same manner and on the stime notice specified in section five of this act. nptsiAit three commissioners, who shall determine after a hearing of all parties interested, whether the same omrht to he "constructed or operated, and their determination, confirmed by the court, may be token in liett of the consent of such property owners.

Xothing in this net contained shall be con-stiued as interfering in any way with the jurisdiction, powers and duties of the board of railroad commissioners of the state of Xew Yorkvor shall any grant or coutract be made hereunder affc- ting in any way the liabilities and obljgations.nf the grantee or contra'-ting rnilro-id corporation with reference to taxation for state or local purposes. The state of Xew York shall not be liable for injuries to persons or property in connection with any railroad or other construction which may lie authorized under the provisions of this act, nor shall the state of Nnv York be liable for any damages in any event for any act or omission of the board of rapid transit railroad commissionets. Sc. 2. This act shall take effect Immediately.

State of New York. Office of the Secretary ot State, I have coiupareirthe preceding with the orisinal law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. SOUS T. McliOXOUGH, Secretary of State. (Every lawV unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a lnw.

Section article II, chapter 8, General Laws.) CHAPTER 5(V4. AX ACT in relation to jurors, and to the appointment and duties of a commissioner of jurors in the county of Kings. Accepted by the city. Became a law, April 11, 1902. with the approval of the Governor.

Passed, three-fifths being preseut. The People of the State of Xew York, represented in Senate and Assembly, do enact as follows: Section 1. The selection and summoning of jurors in the county of Kings shall be performed by a person to be appointed by a board which shall con-iit of the county judges of the county of Kings, and the surrogate of the county of Kings, who shall be known as the commissioner of jurors for the county of Kings. Sec. 2.

Within twenty day's after this act takes effect, the members of said board aft hereinbefore created or a majority thereof, shall meet upon notice from the county judges of the county of Kings of the time nnd place, and the saidlioard shall, by certificate nnder their hands, or the hands of a majority of them, appoint snid commissioner, who shall receive a salary of six thousand dollars per annum, to be1 paid in equal monthly payments, and his term ot office and that of big successors to be appointed as aforesaid, shall be five years from-the date of apimiiitment. Vacancies in snid office, occurring by death, risigua-tion, or removal from office, or otherwise shall be'filled by the same board as hereinbefore provided immediately upon the happening thereof, but whenever appointment shall be made to fill a vacancy, the person so appointed shall hold said office: for the unexpired term in which snid vacancy shall occur. Snid certificate of appointment shall he filed In the office of the clerk of the county of Kings, and such commissioner, appointed as aforesaid, shall teacorrs of said collge. Accepted by th city. Became a law.

April 15, with the approval of the Governor Passed, three-fifths being present. The People of the State of New York, represented in Senate ud Assembly, da enact as follows: Section 1. Chapter four hundred and sixty-si, of the laws of nineteen hundred and one entitled "An act to amend th Greater Xew York charter, chapter three hundred nnd seventy-eight the law of eighteen hundred and ninety-seven, entitled 'An act to unite into one municipality under the-rorpornte name of the city of New York, the various communities lying in and abont Xew York harbor, including the city and county of Xew York, tbe city of Brooklyn, and the county of Kings, the county of Richmond and part of the county of Queens, and to provide for the government is hereby amended by adding thereto the following section: Sec. 1130-a. A retirement fund for the Tirfsident, vice-president, professors, assistant professors nnd instructors -of the' college of the city of Xew York is hereby-created, and shall consist of one per ceuri nm annually of all excise moneys or li-onse fees belonging to the city of Xew York as constituted by this act and derived or received by any commissioner of excise or public officer from the granting of licenses or permission to sell strong or spirituous liquors, nle, wine or beer or of any motleys paid for taxes upon the business of trafficking in or selling or dealing, in strong orx spiritoims liquors, ale.

wlue or beer, in the boroughs of Manhattan. Bronx. Broiklyn, Queens and Richmond under the provisions of any law of this state authorizing the granting of any such license or permission, the said one per centum to be paid by the comptroller of said city, who is hereby authorized and required to pay the same tn the persons entitled to the said retirement fund aa hereinafter prescribed, such sum to ammmt iu each and every year to not rnort than, one per centum on the excise fund belong-in? to said city, nor to exceed such an amount, if any-, as may be required at the end of any fiscal year to bring the -surplus of such retirement fund over nnd 1 above all' charges then existing against the same up to a sum sufficient to pay, out of its income the firli amount of an-nuities then allowed. The trustees of the college of the city of Xew York ore hereby given the general care and management The comptroller of the city of Xew York of ssid retirement fund created by this act. shall hold and invest all money belonging to sa'd fund and by the direction ami request of said bCard of trustees of said college shall pay out the same.

The comptroller of the city of Xew York shall report in detail to the board of trustees of said college annually iu the month of January tbe condition of said fund, and the items and receipts on account of the same. Said board of trustees shall have power by a two-thirds voc cf nil its bv m-bcrs. to retire jiii- im filter of the supervising teaching staff of said eellege, who shall have -attained the age of sixty-five years, and shall have been engaged as a supervising officer, professor, assistant professor or instructor in said college for ten years, and, has taught in some university, college, academy, educational institution or in the common schools of this or some other state In the United for thirty years, and in the event of such retirement shrill he entitled to the annuity-hereinafter provided and any president, vice-president, professor, assistant professor or instructor, who shall have served consecutively for twenty years in "said college, or who is connected with said college and shall have served said college ftr ten years and taught or acted as supervising officer in some university, college, academy, educational institution or in the common, schools of this or some other state in the United States for thirty years, shall, on his own application, be permitted to retire from the active servii-e of said college, and upon such duly approved by a majority vote of the board, of trustees of said college, shall be entitled to receive an annuity out of sad retirement fund of not less thau oua-Uatf the animal salary paid to him at the date of such retirement, and in case of the presi- dent an additional sum of one thousand dollars, in case of a vice-president an additional sum of five hundred dollars, should said annuity, in the case of a professor, be less than three thousand dollars, then the said board may. in its discretion, increase said annuity to not more than three thousand dollars. Ihe said board is entitled to use both the principal aud interest of said fund, but if at any time the principal of said fund is sufficient to defray out of its income the annuities aforesaid, then aud for such year or yenrs said contribution of excise funds shall cease, subject, however, to renewals of the same when the necessity therefqr requires further recourse to said fund.

Sec. 3. This act shall take effect immediately. State of Xew York. Office of the Secretary of State, I have compared the preceding with the original law on file in this office, and do hereby certify that tho same is a correct transcript therefrom and of the whole of said original law.

JOHX T. McDOXOUGH. Secretary of State. (Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 43, article chapter 8, Oettenrl Laws.) CHAPTER 612.

AX ACT in relation to the county court of Kings county aild the appointment of a chief clerk and deputies and assistants therein. Became a law, April 15. 1902 the approval of the Governor. Passed, three-fifths being present. The People of the State of Xew Tork, represented in Senate and Assembly, do cuact a follows: Section 1.

Within thirty days after the passage of this act the county judges of the county of Kings may appoint a chief clerk for the county court of Kings county as now constituted, and as many deputies or assistants to such clerk as may be necessary for the transaction of the business of said court; said chief clerk shall hold office for the term of five years, un-. less sooner removed as hereinafter pro-Tided. The snid chief clerk and the snid deputies and assistants shall be deputies of the county clerk of Kings county, and file with him a bond in such sum and with, such sureties to be approved by said county clerk, conditioned for the faithful performance of their duties as such deputies aud assistants. They shall perform such duties as are now imposed upon them by law as deputies and assistants of said county clerk, and such other duties as the judges of the county court may from time to time by their rules or otherwise, and not inconsistent with their duties as deputies or assistants of said county clerk, impose upon them. Said chief clerk shall be removable at the pleasure of Ihe jnd-'es of the county court.

The compensation to each pdrson so appointed shall be fixed by tbe judges of said court and the' snipe shall be a charge upon the city of Xew York and shall be defrayed by the city of Xew York. Sec. 2. Each person so aptiointcd must, before entering upon the duties of his office, subscribe and fila in the office of the clerk of Kings county the constitutional oath of office, aud said chief clerk shall act as a deputy of the clerk of King county the constitutional oath tit ollee, and said chief clerk shall act as a deputy of the clerk of Kings county at any -it-ting Or term of the county court with respect to the business transacted thereat, or which he may by said co'iuty clerk be specially deputized to do ami perform. Sec.

3. All acts and parts of acts inconsistent with this act are hereby repealed. Sis'. 4. This act shall take effect immediately.

State of Xew York. Office of the Secretary of State, I have compared the preceding with the original law on file this office, and do hereby certify th the same is a correct transcript th-rcfioni and of the whole of snid o-nitul Im. JOHN T. M.PffNiUV.M. fc of This separate veil is adorned with embroidered border.

port of the arrests, commitments and such ether dattf as said bojti'rt, -'iixiyy fi'yfiire. of all Vjiersnus ritigped In or brought before such court during the vcar: one of which said-tWiftH-cates shall be transmitted to the board of city nias.wtrat to-die included in its annual report: ad the other shall be transmitted-to the mayor and be printed in the City Kct'ord. Sec. 3. The said Greater Xew York charter as re-enacted bv chapter four hundred iid sixty-six of the said laws of nineteen hundred and one, is hereby further amended by adding thereto a new section to be known as section one thousand four huudrml nnd nineteen, and which shall rend as follows: Sec.

1419. In addition to the powers, duties aud jurisdiction heretofore conferred, the court of special sessions of the first division, nnd the justices thereof, shall supersede the city magistrates in the trial, determination and disposition of all cases concerning children uuder sixteen years of age. unless upon a crimjnnl charge in which two or more nei-sous are jointly charged and some of them are above that age, and the said court, and the justices thereof, shall have and exercise the powers, dulies and jurisdiction as follows: 1. The said court of special session of the first division jHiall hear and adjudicate all charges of a criminal nature against children under sixteen years of age. of the grade of.

or. linder section six huudred and ninety-nine of the penal code, jer-mitted to be tried a- misdemeanors, in cluding all charges eominz within the mm-mary jurisdiction of magistrates, im pose or suspend sejiteuce or remit to probation pursuant to law. But all such hear- ings and trials shall, except as hereinafter piuvioeu, oe nan in a court room exclusively used for the hearing and disposition of children's Such court, as provided in section one thousand lour hundred and eighteen, shall lie open each dnv. excent. Kundnva nnd legal holidays during such hours as the justices of special sessious of the first division, by public ride shall determine, and one of said justices shall be in attendance who shall posses- exercise, as to all matters arisin- in said court, all the powers and jurisdiction now conferred on city magistrates, and unless an objection shall be interposed by the prosecution or the defense at or before the time the defendant, or defendants, arecalle-t Hnn to plead to a charge graded or permitted by law.

as a misdemeanor, all tne powers an-' jurisdiction of a court of special sessions. 3. If an objection be interposed, as nro- vided for in the preceding' subdivision, or thereafter if permitted by the jnsti.ee presiding, the case shall be adjourned to some future day'when, either in the same building or nt the main court, as the justice of special sessions shall regulate, a trial may be had before three justices. 4. Any order, determination or judment of one of said justices when sitting alone pursuant to tne toregoing provisions, or any two of said justices when three are sit ting, shall be the order, determination or judgment of snH children's court sitting a -ouri ui rcmi sessions, 5.

Section one thousand four hundred aud twelve. As to the adoption of rules, is hereby extended sn as to cover said children's court. Sec. 4. Any unexpended balance of the aonronrintioii made to the hnnirt nt magistrates for the year nineteen hundred ami two for the construction and maintenance Of a Children's court shnll ho trans.

ferred'toN the, justices of special sessions tor tne tirst division to continue said court as herein authorized, anil any additional amount, including the salary of the additional justice, shall be determined under the provisions of the charter and shall be added to and includcN in the final estimate for the. year niueteen hundred nnd two, and shall be collected by tax from the estates, real nnd personal, subject to taxation, in the city of Xew Sec. 5. All nets and parts of acts not inconsistent with the provisions of thi, net shall apply to and govern the jurisdiction! and proceedings in said children's court: nnd all acts and parts of acts inconsistent with the. provisions of this act are hereby reiieaieu so inr iney or eitner of tllcla affect a court exclusively for children Sec.

0. This act shall take effect Immediately. State of Xew York. Office of the Secretary of State, I have compared the re ceding with the original law on file In this office, and do hereby certify that the same is a correct transcripHtherefrom and of the whole of said on'inal law. JOI1X T.

McDOXOUGH. Secretary of Stat. fEverv law nntpiia Aiffarant tim king viinii prescribed thereinv shall not take effect until tha become a law. Section 43, article II, chap ter ueuerai i.nws.t L'HAriLU SJS4. AX ACT to amend chapter four of the laws of eighteen hundred and ninety-one.

entitled act to provide for 'rapid transit railways in cities of over one million abd making provisions with respect to tunnel and ether railroad. Accepted by the citv. Became a law. April 14. 1902.

with the approval of the Governor. Passed, three-fifths being present. Thtt Pfmitl nf thn Rial I 1- t. represented in Senate and Assembly, do enact as follows: Section 1. Section thirty-two of chapter fillir of lh l.tWe nf nmety-one, entitled "An act to provide for .1.1 1..

i.iiio iiiii.n in nijcs or over one niillinn me i niio-nii- Cil hv chsnter five nnnilral mil of the laws nf cichteen hundred and ninety- nvr. is iiinner smeiuua so that the same hall read as follons: for the condemnation. The map shows the approach to the Williamsburg Bridge from the East River to the center line of the blocks between Broadway and South Fourth street, where the plaza The easterly" half of the two blocks lying between Broadway and South Fourth street and west of Roebling street, also the two whole blocks lying between Broadway and South. Fourth street and Roebling and Haver meyer streets are to be taken for the nlazai Over one hundred parcels remain to be condemned under the resolution. The cost of the property is estimated at about LAWS By Authority.

(KVerr law. unless a different tima ehall be prescribed therein, shall not take effect until the twentieth day after it shall have oeconie a law. Section 43, article II, chapter 8. General Laws.) CHAPTER 590. AX ACT to amend the Greater New York cnarter, relative to inferior courts of criminal jurisdiction.

Accepted by the city. Became a low, April 14. 1902. with the approval of the Governor. Passed, three-fifths being present.

The People of the State of Xew York, represented in Senate and Assembly, do enact as follows: Section 1. Section one thousand four hundred and live of the Greater New York charter, as re-euueted ha; chapter four hundred and sixty-six of the laws of nineteen hundred and one, is hereby amended as follows: Sec. 1405. The court of Bpciiul sessions of the city of Xew York is hereby continued with ail the powers, duties and jurisdiction it now has by law. and the court of the first division, and the justices thereof shall have such additional powers, duties and jurisdiction, as are contained in and conferred by a section hereinafter added to said charter, to be known as section one thousand four hundred and nineteen.

The justices of the court of special sessions of the first and second divisions of the city of Xew York are herebv continued in office until the expiration the terms for which thev have boon nnnninte.l and their successors shall be appointed by me ujujor lor ine term or ten years. There shall be six justices of Bperiaf sessions for the first division -and ve for the second division. Within twenty days after this act takes effect, the mayor shall appoint one additional iusticn fur th tirt division for a term of ten years, whose powers, du- i tirs, juiisuiciiuu ami compensation snail be the same; whose successor shall be selected in like manner and who shall possess all the requirements for appointment as those hereby cotitiuued in otlice. Sec. 2.

Section ono thousand three hundred and ninety-nine of said act is hereby amended so at to read as follows: See. 1418. The justices of special sessions of the first shall, as soon as a special court building can be put in readiness, assign a separate part for the hearing and disposition of cases heretofore within the jurisdiction of city magistrates involving the trial or commitment of children, which part shall be called the children court: and in all such cases the justice or justices holding said court shall have all the powers, duties and jurisdiction now possessed by the city magistrates within said first division, and such other nnd further powers, duties and jurisdiction as are contained in the following section. Said children's court shall be Tield by one or more of the justices of special sessions of the first division, as the circumstances requite in such manner as the said justices shall by rule provide. Whenever, uuder any provision of law.

after said separate part shall be assigned, a child under sixteen years of age. unless jointly charged with one or more persons above that age. is taken Into custody, it shall be the duty of the officer having the child in charge, and at the earliest time when a justice will be present, to take such child before the children's courti nnd shall not take said child, knowingly, to any city magistrate's court, or before any city magistrate. exceiif- for the purpose of giving bail. If through inadvertence an- such child shall bo arraigned before citv magistrate, it shall be the duty of such mag- istrate, as soon as the age of such child Is discovered, to transfer the case to the children's court and if any papers have been prepared to indorse the transfer thereon and to send the same with the officer to said court; and it Is hereby made the duty of the officer to take such child with said papers to the children's court with all convenient Beed, be heard and disposed of, pursuant to law.

by the justice there presiding. The justices' of the court of special sessions for the first division shall anoint a clerk and a deputv clerk for the children's court, and such and so many officers and attendants, including a stenographer, as may be necessary, whose salaries, except the clerk, shall be fixed by the board of aldermen on the recommendation of the bonrd of estimate and apportionment. The salary of the clerk shall be three thousand dollars per year pavsble in monthly installments, and the clerk ap-' pointed by the board of city magistrates, in office at the time this act shall go into effect, shall continue in office as clerk until removed therefrom by expiratiou of term or by due law. The said be held in some building separate aud apart from one used for the trial of persons above the age of sixteen charged Hth any criminal offense, and if practicable in the building which hss been appropriated and set aside, by the sinking fund commissioners, as a children's court. XotMn herein contained shall affect any provisions of law-with respect to the temporary commitment by magistrates of cnildron as witnesses for the trial of tiny criminal case.

For statistical purposes the clerk of said children's court, annually, at such time and in such form as the board of city maslstrntes of the first division may require, shall prepare, in duplicate, a re- Shown here is a Gibson waist of front with fancy braid. The collar salary paid to the commissioner and his deputy, secretary, clerks, stenographers, servers of-jury notices and messengers, be county charge and shall be audited and paid as are the coinpeiisati-ju aud expenses of comity officers. Sec. 7. The commissioner nf jurors appointed under the.

provisions of this1 act shall be vested within the county within which he has been appointed, with all power and authority conferred by law upon a commissi ner of jurors or other officer authorized by Isw to make a of is rsons to serve as jurors, in office at the date of the passage of this act within (he county of Kings, and all provisions law authorizing a of jurors, or other officer authorized by law to make a list of ursons to serve as jurors in said county of Kings, to do or to perform any official act shall apply to the commissioner of jurm-s appointed uuder the provisions of this act. All deputies, assistants, officers, or employees in tlie office of a commissioner of jurors iu Kings county' whose, term of office is terminated by this act shall continue in the office of the commissioner of jurors for said county" appointed under this act until removed. Sec. 8. The commissioner of Jurors appointed under the provisions of this act shall in addition to the duties and obligations hereinbefore devolved npon him.

se lect from the persons qualified to serve as trial jurors in said county such number of sjiecial jurors as the justices of the appellate division of the supreme court, or a majority of them of the department' in which such county is situated, shall, from time to time direct. tW names of all persons so selected liable to serve as Sfiecial jurors shall be entered in suitable books alphabetically arranged, with their places of business and the residence of each. The commissioner of jurors may, from time to time, cancel such selection and strike the name of such special jurors from such list and select other special jurors in their Sec. 0. Xo person shall be selected as such special juror who is by law disqualified or exempt from service as a trial juror, or who has been convicted of a criminal offence, or found guilty of fraud or other misi onduct by the judgment of any civil court, or who possesses such conscientious opinion with regard to the death penalty as would preclude his finding a defendant guilty if the crime charged be punishable with death, or who doubts his ability to lay aside an opinion or impression formed from newspaper reading or otherwise, or to render an impartial rer-tlb-t Uon the evidence, uninfluenced by anv such opinion or impression, or who opinion as to circumstantial evidence is such as would prevent his finding a yerdict of guilty upon such evidence, or who avow smh a prejudice against any law of the state as would preclude his finding a defendant guilty of a violation of such law, or who avows such a prejudice against any particular defense to a criminal charge as would prevent his giving a fair and impartial trial upon the merits of such who avows thaf he cannot in all cases give a defendant who fails to testify as a witness in his own behalf the full benefit of the statutory provision that such defcudhnt's neglect or refusal to testify as a witness in his own behalf shall not create any presumption against him.

Sec. shall be selected as a special juror until he shall have been examined personally by the commissioner of jurors, or his deputy as to his qualifications and fitness to serve as a special juror. The said commissioner of jnrors may issue a subpoena requiring any person "within the said county to attend before him. or his deputy, at a time specified for the purpose of testifying concerning the qualification or fitless of himself or any other person to serve as a special juror, aud the propriety of the selection of such special juror. A person so subpoenaed must attend and testify accordingly.

In case of his failure to attend and testify as required by such subfioona, or a refusal to lie sworn, or to answer any legal or pertinent question, he shall be punished, therefor by any justice of the supreme court as a contempt of court. All of the provisions of title two of chapter nine of the code of civil procedure are made applicable to the enforcement of the provrsion of this section, except that no fees are required to be paid to any person so sutuiocuaed. The commissioner of jurors shall, in' the record made by him of the jnrors selected as such special jurors, enter the age of each special juror so selected, his business or vocatiou, if any, the length of his residence in the state' and county and. if naturalized, the date of his naturalization. Such record shall be a public record and shall be open to inspection.

Sec. 11. Whenever an Issue of fact has arisen in any civil or criminal actiou triable in a county embraced within the provisions of this act. the district attorney, or the di fendant, if in a criminal action, or cither party in a civil action may apply for a special jury to try such issne. Such application may I made at any term of the supreme court appointed to be held within the comity where such issue Is triable, or at a regular term of the court in which such issue is to be tried.

It must be niad upon the indictment, the plea thereto and an affidavit in a criminal --action or the pleadings and affidavit in a civil action upon two days' notice to the adverse party or his attorney. Where, npon such application, it appears to the court that by reason of the imtiortance or intricacy ot the cae. a special jnry is reonired. or that the subject matter of the indictment or the issue to be tried has been so widely commented upon that the court Is satisfied that sn ordinary jury cannot without delay aud difficulty he obtained to try such issue, or that for any other reason the due. efficient and impartial administration of justice in the particular case would be advanced by the trial of such an issue by a special jury, the court to which the motion is mi le may make an order directing that such trial be had by a special jury, and such trial shall be had accordingly.

The order must specify the time when the drawing or smh special jury shall taki place and the number of special jurors to l-e then drawn, the term of the court and the particular day in the term when such special jury must attend. Sec. 12. At the time specified in the order the special jury shall lie drawn at the otlice of the commissioner of jurors, by the commissioner of jurors, or his deputy, and a judge or justice of a court of record residing in the department in which such special jury is to drawn. A minute of the drawing must lie kept by the commissioner of jurors, or his deputy, which must be entitled in the action in.

which the jurv is to serve, specifying the term of court nnd the particular day in the term when the sKciul jurors so drawn must attend: and there must be entered thereon the name of each juror drawn. This minute must be signed by the judge or justice and by the commissioner of jurors, or his deputy, present nt the drawing and such minute so signed must be filed in the office of the county clerk of the said county. The county clerk must immediately deliver to the commissioner of jtn-oi-s a certified copy of the minute and the said commissioner of jurors must notify each juror therein named as provided for by section eleven hundred an 1 six of the code of civil procedure; except that such notice need not be served six days before the time the special juror is required to attend. Before the day specified for the attendance of the special jurors the commissioner must file with the clerk of the, trial court, part or term at which the juror is required to attend, a certified copy of the minute with a return endorsed thereon or annexed thereto specifying the manner in which each juror was notified and the time and place of the service of such notice. Such return shall be presumptive evidence of the fart of such service.

An affidavit of the person by whom such service shall have been made, stating the manner, time and place of such service shall accompany such return. Sec. 13'. If the panel of the special jurors thus drawn shall be exhausted before a jury Is completed, or if the trial cftnrt shall be of opinion that additional sfiecial jurors will probably he needed to complete the jury, the trial court may. from time to time, 'direct that such additional special jnrors be drann for the trial as it may deem, expedient.

The order must specify the number to be drawn, the time of the drawing and the time when such additional jurors shall be required and notrfifd to attend. Such additional drawing shall be made by the same officers authorized to draw the special jnrors. either in open court in the presence of the judge or justice presiding nt the trial, or at the office of the commissioner of jurors as prescriiied iu said order, and shall he conducted in the same manner as the original drawing and a minute thereof kept and certified as prescribed for the original drawing, and the jnrors so drawn shall be summoned in the same manner as those originally drawn. Sec. 14.

The parties to such an action shall have the same number of peremptory challenges and the same challenges for cause to be tried in the same manner as upon a trial with an ordinary jury. The rulings of the trial court, however, in admitting or excluding evidence upon the trial of any challenge for actual bias shall not be the subject of exception. Snch rulings and the allowance or disallowance of the challenge shall he final. Cpo the formation ot a special jury as hereinbefore provided the issue must be tried by such jury as prescriiied by the code of criminal procedure or the code of civil procedure with respect to a jury trial in a criminal or civH action with an ordinary jnry. Si-c.

If in the county of' Kings a sne. cial jury list has been completed nnder the provisions of chapter three hnnrired and seventy-eight of the laws of eighteen hundred and ninety-six. the nsmes selected and composing such sfiecial list shall be the special jury list for such county, subject to such revision thereof by striking therefrom and adding thereto the names of such jurors as from time to time the commissioner of jurors'shall deem protier, and the justices of the apiellate division of the supreme court of the department embracing the county of Kings shall make such rules and regulations not inconsistent with the provisions of this act as shall be necessary to regulate the making of the application for a special jnry nnder the provisions of this act for the drawing aud attendance of such jurors and for the proper anil efficient enforcement of the provisions of this art. Any violation of this act. or of siu-h rules and regulations prescribed by the appellate--division of the supreme court shall lie deemed a contempt of court under section eight of the rode of civil procedure and smh rules and regulations may be enforced as if a violation thereof were such a contempt as provided by section nine of the code of civil procedure.

Sec. lfi. All special or general laws Inconsistent with the provisions of this act are hereby repealed. See. 17.

This act shall take effect immediately. State of Xew York. Office of the Secretary of State, I have compared the pre-ordiug'w ith the original law on file in this office, and do hereby certify that the same is a comet transcript therefrom and of the whole of said original law. joux t. McnoxoroH.

Secretary of State. law, unless a different time shall be prescriiied therein, shall not take effect until the twentieth day after it shall have lieeome a law. Section 43, article 11, chnp-8, General Laws.) CHAPTER- K4. AX ACT to amend tbe Greater Xew York charter snthorizing the college of the city of Xew York to participate iu'the excise fund he-longing to said city, snd creating a retirement fund therefrom for the benefit of the enervisiug otlioers and Sec. 32.

The said board of tnpid transit railroad commissioners may also from time to time, as this section hereinafter grant a right or rights, franchise or franchises or enter into a-contract or contracts, upon application to said board of any railroad ''-corporation; owning or actually operating a railroad wholly or in part within the limits of the city in which the said board has power to act, or of any railroad coinnrnfion now or hereafter incorporated aud for the purpose so de-lured in its articles of association, of constructing and operating a tunnel railroad or railionds in the said city to be connected' with any railroad or railroads within the state of Xew' York or any nd-joiiiinksrate and thereby forming a continuous line for the carriage of passengers and property between a point or points within and a point or points without the said city. If and when in the judgment of said board the public interests so demand, the said board may by the concurrent vote of six of its members fix and determine the route or routes by which nnv such railroad corporation making such application may connect with other railroads or the stations thereof, or with ferries, or may establish nnd construct or extend its lines within said city, and mav authorize any such railroad corporation' to lay an additional track or tracks on. above, under or contiguous to a portion or the whole of the route or routes of its railway or mil-ways within said city, or to acquire terminal or other facilities necessary for the accommodation of the traveling public on any street or place except the place now known as Battery park on which sail raik. way shall he located: and mnv a'so authorize any such railroad corporation to lay its tracks and operate its railway to unv termiual or terminals within the said citv, and to construct nnd operate any such railroad or connecting railroad nnder any hinds, streets, avenues, waters. rivers, parkways, highways or public places in the said city, with all necessary platforms, stations, facilities for access to the surface and other appurtenniices and with the right to emerge to the surface upon private lands at the termini, and to trans-jiort over the same passengers or freiiht or both, and to run over the same either passenger trains or freight trains or mixed trains.

The said board shall fix and determine the locations and plans of construction of the railways upon such route or routes and of such tracks and facilities, the times within which 4hcy shall he respectively constructed, thAcoinpensation to be made therefor to the citv bv the nil-road corporation to which the grant shall be made, and sti-h other terms, conditions nnd requirements as to the paid board may appear just and however, that every such determination, authorization and license shall be made upon the condition that the railroad corporation to niiicn me gram snau ne made shall, from the time of the commencement of the operation of such railway or track or tracks under such determination, authorization or license, annually piv to the said city a sum or rental, and that the amount of such sum or rental for a period of not more than twenty-live rears, hetriniiin? with sti-h operation of any such railw.ijE, iracs or iracKs. snail oe prescribed Jy the said board in such determination, authorisation or license, nnd that everv such determination, authorisation nnd license sh.ill provide for the readjustment of the amount of such sum or rental at the expiration of the period for which the same shall be so prescribed and for readjustment from time to time in the future of the amount of such annual payment at intervals each of not more than twenty-five years. A certificate shall be prepared by the said board, attesting by its seal and the sicnature of Its presiding officer, setting forth in detail tnr action taken nnd grant made bv tin. feihl "board with respect to such connecting or extended route or routes and such tracts jnnd facilities, and the terms, conditions and requirement aforesaid. Including provisions as to the said annual payments nnd the future readjustments thereof.

A like certificate shall be prepared in like manner upon every modification of the terms of Jjie contract as hereinafter provided. Each such certificate shall prescribe the terms and conditions of the readjustments of such atmunl payments and may provide for the determination of secli amount npon such readjustments bv arbitration or hv the supreme court. Such shall be delivered to said railroad corporation Uon the receipt by said board of a written acceptance of the terms, conditions and requirements of the grant, duly executed bv said railroad corporation, so as to entitle it to be re corded. The said certificate shall be filed tne outre ot tne secretary of state, and a duly certified copy thereof shall lie filed in the office of the clerk of the count in which the said city is situated, and thereupon, and upon fulfilment by such railroad corporation, so far ajr it relates tn such railroad or railroads, connections, additional track or tracks, or facilities, or such of the requirement and conditions as are necessary to be fulfilled in such cases, under section eighteen of article three of the eonstilHtion of this state, and upon fulfilment by such railroad corporation of such other terms, conditions and requirements enumerated in slid crtifi. the ssid board may require to be fulfilled as a condition precedent to commencine said work, said railroad corporation shall in such rases possess in addition to its airendv existing franchises all the nowrrs conferred by this act npon corporations spcially formed thereunder, nilta respect to its railways authorized to be constructed as aforesaid, and when any route or routes, additional track or tracks, or terminal or othir facilities, rirhts nr frn.

chises, shall be so fixed and determined, and a certificate si aforesaid shall have take the usual oath of office before a justice of the supreme court or anf officer, authorized to administer oaths, which oath shall he filed in the office of the county clerk, and such commissioner shall execute a bond to the people of the state of Xew York, in the penal sum of five thousand dollars, with two sureties, to he approved by a justice of the supreme court of the judicial district in which said comity is located, conditioned that he shall faithfullv perform the duties of bis office and account for any pay over all moneys which may come to hi hands by virtue thereof, which said bond shall be filed in the office of the clerk of the county of Kings. Sec. 3. I'non the appointment and nuali- fication of the commimioner of jurors for the county of Kities under the provisions of this act. the term of a commissioner of jurors tn the county of Kings in office at the time of such appointment shall terminate, and he shall turn over to the commissioner of jurors, appointed under this act.

all books, papers, records and profierty in his possession or under his control as such commissioner of jurors: and any books, papers records or property now held by any public officer or officers and former ly pertaining to the office of a special commissioner of jurors in said county of Kings, shall be turned over to the commissioner of jurors in said county appointed under this act. Sec. 4, The commissioner ofjurors appointed under the provisions of this act shall be an officer of the courts of record iu said county, and may be removed by the justices of the appellate division of ths supreme court in the department in which said county is embraced, npon charces after notice and an opportunity to be heard. Sec. 5.

Said coiiunistiioner of jurors appointed under the provisions of ibis act may from time to time apnoiut and at pleasure remove a deputy coiiunissiouer at a salary of thirty-five hundred dollars pee annum, inch salary to be paid in equal monthly payments, and a secretary' at a salary of twenty-five hundred Hollars per annum, such salary to be paid in equal monthly payments, and said commissioner shall also appoint- clerks, stenographers, servers of jurors' notice and messengers as shall be necessary for the proper discharge of the duties of his office. Sec. 6. The number and salary or compensation of said clerks, stenographers, servers of jurors' notices and meseugcrs shall he fixed by the hoard of estimate of the city of Xew York and said hoard of estimate shall provide for said commissioner a suitable office, properly furuihu and equipped and all books, stationery, printing, blanks, postal ranis and postae stanina as shall he required for ths prooer performance of the duties of bis office; the rent of such office and the cost of the furniture and equipment thereof and of all books, furniture, stationery, print-inn, blauks. postal cards snd istuce stamps to be so provided, shall, with vhe wtilt- ftt.

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