Chap. 366. AN ACT to amend the code of civil procedure. APPROVED by the Governor April 13, 1893. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Title ten of chapter seventeen of the code of civil procedure is hereby amended to read as follows: TITLE X. PROCEEDINGS TO CHANGE THE NAME OF AN INDIVIDUAL OR CORPORATION. Section 2410. Petition by individual. 2411. Petition by corporation. 2412. Contents of petition. 2413. Notice of presentation of petition. 2414. Order. 2415. When change to take effect. 2416. Substitution of new name in pending action or proceeding. 2417. Reports by clerks to state officers. § 2410. Petition by individual. A petition for leave to assume another name may be made by a resident of the state to the county court of the county in which he resides, or, if he resides in the city of New York, either to the court of common pleas for the city and county of New York, or to the city court of New York, or, if he resides in the city of Brooklyn, either to the county court of Kings county or to the city court of Brooklyn, or, if he resides in the city of Buffalo, either to the county court of Erie county or to the superior court of the city of Buffalo. The petition of an infant shall be made by his general guardian, or by the guardian of his person, or by his next friend. § 2411. Petition by corporation. A petition to assume another corporate name may be made by a domestic corporation, whether incorporated by a general or special law, to the supreme court at a special term thereof, held in the judicial district in which its principal business office shall be situated, or, if it be other than a stock corporation, at a special term held in the judicial district in which its certificate of incorporation is filed or recorded, or in which its principal property is situated, or in which its principal operations are or theretofore have been conducted. If it be a banking, insurance or railroad corporation, the petition must be authorized by a resolution of the directors of the corporation, and approved if a banking corporation, by the superintendent of banks; if an insurance corporation, by the superintendent of insurance, and if a railroad corporation, by the board of railroad commissioners. The petition to change the name of any other corporation must have annexed thereto a certificate of the secretary of state, that the name which such corporation proposes to assume is not the name of any other domestic corporation or a name which he deems so nearly resembling it, as to be calculated to deceive. § 2412. Contents of petition. The petition must be in writing, signed by the petitioner and verified in like manner as a pleading in a court of record, and must specify the grounds of the application, the name, age and residence of the individual whose name is proposed to be changed, and the name which he proposes to assume, and if the petitioner be a corporation, its present name, and the name it proposes to assume, which must not be the name of any other corporation, or a name so nearly resembling it as to be calculated to deceive; and if it be a railroad corporation, a corporation having banking powers or the power to make loans upon pledges or deposits, or to make insurances, that the petition has been duly authorized by a resolution of the directors of the corporation and approved by the proper officer. § 2413. Notice of presentation of petition. If the petition be to change the name of an infant, and is made by the infant's next friend, notice of the time and place at which the petition will be presented must be served upon the father, or if he is dead or can not be found, upon the mother, or if both are dead or can not be found, upon the general guardian or guardian of the person of the infant, in like manner as a notice of a motion upon an attorney in an action, unless it appears to the satisfaction of the court that the infant has no father or mother, or that both reside without the state or can not be found, and that he has no guardian residing within this state, in which case the court may dispense with notice or require notice to be given to such persons and in such manner as the court thinks proper. If the petition be made by a corporation located elsewhere than in the city and county of New York, notice of the presentation thereof shall be published for six weeks in the paper at Albany in which notices by state officers are authorized by law to be published, and in a newspaper of every county in which such corporation shall have a business office, or if it has no business office, of the county in which its principal corporate property is situated or in which its operations are or theretofore have been principally conducted, which newspaper, if it be a banking corporation, shall be desig nated by the superintendent of banks, if an insurance corporation, by the superintendent of insurance, or if a railroad corporation, by the railroad commissioners. In the city and county of New York such notice shall be published for six weeks in two daily newspapers published in such county. $2414. Order. If the court to which the petition is presented is satisfied thereby, or by the affidavit and certificate presented therewith, that the petition is true, and that there is no reasonable objection to the change of name proposed, and if the petition be to change the name of an infant, that the interests of the infant will be substantially promoted by the change, and, if the petitioner be a corporation, that the petition has been duly authorized and that notice of the presentation of the petition, if required by law, has been made, the court shall make an order authorizing the petitioner to assume the name proposed on a day specified therein, not less than thirty days after the entry of the order. The order shall be directed to be entered and the papers on which it was granted to be filed within ten days thereafter in the clerk's office of the county in which the petitioner resides if he be an individual, or in the office of the clerk of the court of common pleas of the city and county of New York if the order be made by that court, or in the office of the clerk of the city court of New York if the order be made by that court, or, if the petitioner be a corporation, in the office of the clerk of the county in which its certificate of incorporation, if any, shall be filed, or if there be none filed, in which its principal office shall be located, or if it has no business office, in the county in which its principal property is situated, or in which its operations are or theretofore have been principally conducted, or in the office of the clerk of the county in which the special term granting the order is held; and, if the petitioner be a corporation, that a certified copy of such order shall, within ten days after the entry thereof, be filed in the office of the secretary of state; and also, if it be a banking corporation, in the office of the superintendent of banks, or if it be an insurance corporation, in the office of the superintendent of insurance, or if it be a railroad corporation, in the office of the board of railroad commissioners. Such order shall also direct the publication, within ten days after the entry thereof of a copy thereof in a designated newspaper, in the county in which the order is directed to be entered, at least once if the peti tioner be an individual, or if the petitioner be a corporation, once in each week for four successive weeks. The county clerk, in whose office an order changing the name of a corporation is entered, shall record the same at length in the book kept in his office for recording certificates of incorporation. § 2415. When change to take effect. If the order shall be fully complied with, and within within twenty days after the making of the order, an affidavit of the publication thereof shall be filed and recorded in the office in which the order is entered, and in each office in which certified copies thereof are required to be filed, if any, the petitioner shall, on and after the day specified for that purpose in the order, be known by the name which he is thereby authorized to assume, and by no other name. § 2416. Substitution of new name in pending action or pro ceeding. An action or special proceeding, civil or criminal, commenced by or against a person whose name is so changed shall not abate, nor shall any relief, recovery or other proceeding therein be prevented, impeded or impaired in consequence of such change of name. The plaintiff in the action or the party instituting the special proceeding, or the people, as the case requires, may, at any time, obtain an order amending any of the papers or proceedings therein, by the substitution of the new name, without costs and without prejudice to the action or proceeding. § 2417. Reports by clerks to state officers. The clerk of each county and of each court, shall annually, in the month of December, report to the secretary of state all changes of names of individuals or of corporations, which have been made in pursuance of orders filed in their respective offices during the past year and since the last previous report, and also report in like manner to the superintendent of banks all changes of the names of banking corporations, and to the superintendent of insurance all changes of names of corporations authorized to make insurances. The secretary of state must cause to be published, in the next volume of the session laws a tabular statement showing the original name of each person and corporation and the name which he or it has been authorized to assume. § 2. This act shall take effect immediately. Exception of creer fron. of act. Chap. 367. AN ACT excepting "Hans Creek" from the provisions of chapter six hundred and fifty-three of the laws of eighteen hundred and sixty-nine and acts amendatory thereof. APPROVED by the Governor April 13, 1893. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. So much and such part of chapter six hundred and Sonovi: fifty-three of the laws of eighteen hundred and sixty-nine, as amended by chapter one hundred and seventy-six of the laws of eighteen hundred and eighty-two, as constitutes the creek or stream of water commonly known as "Hans creek" in the counties of Saratoga and Fulton a public highway, for the purpose of rafting logs, timber and lumber, are hereby repealed, and said "Han s creek" is hereby excepted from the operation of said acts, and is hereby declared not to be a public highway for the purpose of rafting logs, timber and lumber. § 2. This act shall take effect immediately. Chap. 368. AN ACT extending time of payment of the assessment made, pur- and Assembly, do enact as follows : Passed, three-fifths being present. Section 1. All persons assessed for the construction of a sewer in the tenth, fifteenth and twentieth wards of the city of Rochester |