Chap. 277. AN ACT to amend the code of civil procedure, in relation to judgment in matrimonial actions. Became a law May 3, 1919, with the approval of the Governor. Passed, threefifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section seventeen hundred and seventy-four of the 1774 code of civil procedure is hereby amended to read as follows: $ 1774. Regulations respecting respecting judgment. In an action brought as prescribed in this title, a final judgment shall not be rendered in favor of the plaintiff upon the defendant's default in appearing or pleading, unless either the summons and a copy of the complaint were personally served upon the defendant; or the copy of the summons delivered to the defendant, upon personal service of the summons, or delivered to him without the state, or published, pursuant to an order for that purpose, obtained as prescribed in chapter fifth of this act, contains the following words, or words to the same effect, legibly written or printed upon the face thereof, to wit: "Action to annul a marriage; "Action for a divorce;" or "Action for a separation; " according to the article of this title, under which the action is brought. Where the summons is personally served, but a copy of the complaint is not served therewith; or where a copy of the summons and copy of the complaint are delivered to the defendant without the state, the certificate or affidavit proving service, must affirmatively state, in the body thereof, that such an inscription, setting forth a copy thereof, was so written or printed upon the face of the copy of the summons delivered to the defendant. In an action brought under either article first or article second of this title for judgment annulling a marriage, or divorcing the parties and dissolving a marriage, the decision of the court or report of the referee must be filed and interlocutory judgment thereon must be entered within fifteen days after the party becomes entitled to file or enter the same, and can not be filed or entered after the expiration of said period of fifteen days unless by order of the court upon application and sufficient cause being shown for the 1 Remainder of section materially amended. amended. In effect Sept. 1, locutory judg delay. Three months after the entry thereof the interlocutory judgment shall become the final judgment as of course unless the decision of the court or report of the referee shall require and the interlocutory judgment shall provide for the entry of final judgment or unless for sufficient cause the court in the meantime shall have otherwise ordered. If the interlocutory judgment provides for the entry of final judgment such final judgment must be entered within thirty days after the expiration of said period of three months and can not be entered after the expiration of such period of thirty days except by order of the court on application and sufficient cause being shown for the delay. The interlocutory judgment may, in the discretion of the court, provide for the payment of alimony until the interlocutory judgment becomes final or until the entry of final judgment; it may include a judgment for costs, when costs are awarded, in which case said judgment for costs shall be docketed by the clerk, and thereupon shall have the same force and effect as if docketed upon the entry of final judgment therein, except that it shall not be enforceable by execution or punishment until the interlocutory judgment becomes the final judgment or until the entry of final judgment in said action. § 2. This act shall take effect September first, nineteen hundred 1919; inter- and nineteen, but shall not affect any interlocutory judgment entered prior to such date, and final judgment shall be entered thereon subject to the provisions of section seventeen hundred and seventy-four of the code of civil procedure in the same manner as if this act had not been passed. ments not affected. 1391 amended. Chap. 278. AN ACT to amend the code of civil procedure, in relation to exemptions and executions. Became a law May 3, 1919, with the approval of the Governor. Passed, threefifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section thirteen hundred and ninety-one of the code of civil procedure is hereby amended to read as follows: § 1391. Additional exemptions of personal property; executions against wages and other increment.1 In addition to the exemptions, allowed by the last section, necessary household furniture, working tools and team, professional instruments, furniture and library, not exceeding in value two hundred and fifty dollars, together with the necessary food for the team, for ninety days, are exempt from levy and sale by virtue of an execution, when owned by a person, being a householder, or having a family for which he provides, except where the execution is issued upon a judgment, recovered wholly upon one or more demands, either for work performed in the family as a domestic or for the purchase money of one or more articles, exempt as prescribed in this or the last section. Where a judgment has been recovered and where an execution issued upon said judgment has been returned wholly or partly unsatisfied, and where any wages, debts, earnings, salary, income from trust funds or profits are due and owing to the judgment debtor or shall thereafter become due and owing to him, to the amount of twelve dollars or more per week, the judgment creditor may apply to the court in which said judgment was recovered or the court having jurisdiction of the same without notice to the judgment debtor and upon satisfactory proof of such facts by affidavits or otherwise, the court, if a court not of record, a judge or justice thereof, must issue, or if a court of record, a judge or justice, must grant an order directing that an execution issue against the wages, debts, earnings, salary, income from trust funds or profits of said judgment debtor, and on presentation of such execution by the officer to whom delivered for collection to the person or persons from whom such wages, debts, earnings, salary, income from trust funds or profits are due and owing, or may thereafter become due and owing to the judgment debtor, said execution shall become a lien and a continuing levy upon the wages, earnings, debts, salary, income from trust funds or profits, due or to become due to said judgment debtor to the amount specified therein which shall not exceed ten per centum thereof, and said levy shall be a continuing levy until said execution and the expenses thereof are fully satisfied and paid or until modified as hereinafter provided, but only one execution against the wages, debts, earnings, salary, income from trust funds or profits of said judgment debtor shall be satisfied at one time and where more than one execution has been issued or shall 1 Section heading new. be issued pursuant to the provisions of this section against the same judgment debtor, they shall be satisfied in the order of priority in which such executions are presented to the person or persons from whom such wages, debts, earnings, salary, income from trust funds or profits are due and owing. It shall be the duty of any person or corporation, municipal or otherwise, to whom said execution shall be presented, and who shall at such time be indebted to the judgment debtor named in such execution, or who shall become indebted to such judgment debtor in the future, and while said execution shall remain a lien upon said indebtedness to pay over to the officer presenting the same, such amount of such indebtedness as such execution shall prescribe until said execution shall be wholly satisfied, and such payment shall be a bar to any action therefor by any such judgment debtor. If such person or corporation, municipal or otherwise, to whom said execution shall be presented shall fail, or refuse to pay over to said officer presenting said execution, the percentage of said indebtedness, he shall be liable to an action therefor by the judgment creditor named in such execution, and the amount so recovered by such judgment creditor shall be applied towards the payment of said execution. Either party may apply at any time to the court from which such execution shall issue, or to any judge or justice issuing the same, or to the county judge of the county, and in any county where there is no county judge, to any justice of the city court upon such notice to the other party as such court, judge, or justice shall direct for a modification of said execution, and upon such hearing the said court, judge or justice may make such modification of said execution as shall be deemed just, and such execution as so modified shall continue in full force and effect until fully paid and satisfied, or until further modified as herein provided. This section, so far as it relates to wages and salary, due and owing or to become due and owing to the judgment debtor, shall not apply to judgments recovered more than ten years prior to September first, nineteen hundred and eight, nor to judgments heretofore or hereafter recovered upon such judgments, and any execution heretofore issued upon such judgments pursuant to an order heretofore granted under this section shall, when this act takes effect, cease to be a lien and continuing levy upon wages and salary thereafter to become due and owing to the judgment debtor. No execution under this section shall be here Remainder of section new. after issued upon a judgment against an officer or employce of any city or any county of the state or of the board of education of any such city, unless it shall contain the name of the judgment debtor in full, his title or position, and the bureau, office, department or subdivision thereof in which he is employed; and if a person so employed shall resign or be dismissed while an exccution issued pursuant to the provisions of this section is wholly or partly unsatisfied, and he be reinstated or re-employed, such execution shall lapse and no further deduction shall be made thereon unless such reinstatement or re-employment occur within ninety: days after such resignation or dismissal. All executions filed in any department against the wages, debts, earnings and salary of officers or employees of any city or of any county of the state, or of the board of education of any such city within five days prior to the date on which payment of wages, debts, earnings and salary are paid shall not become a lien against the wages, debts, earnings and salary that are payable on the said payroll but shall become a lien upon the wages, debts, earnings and salary which shall become due or owing to the judgment debtor thereafter. § 2. This act shall take effect September first, nineteen hun- In effect dred and nineteen. Sept. 1, 1919. Chap. 279. AN ACT to amend the code of civil procedure, in relation to determining the value of real or personal property in computing the commissions of executor, administrator, guardian or testamentary trustee. Became a law May 3, 1919, with the approval of the Governor. Passed, threefifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section twenty-seven hundred and fifty-three of the $2753 code of civil procedure is hereby amended to read as follows: § 2753. Commissions of executor, administrator, guardian or testamentary trustee. On the settlement of the account of any executor, administrator, guardian or testamentary trustee, the surrogate must allow to him his just; reasonable and necessary expenses actually paid by him, and if he be an attorney and amended. |