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property, describing it, or to show cause, before him, at a time and place specified in the precept, why possession of the property should not be delivered to the petitioner, or, in the case specified in the last section, to the owner or landlord.* The precept must be returnable, not less than five nor more than ten days after it is issued; except that, where the proceeding is taken, upon the ground that a tenant continues in possession of demised premises, after the expiration of his term, without the permission of his landlord, and the application is made on the day of the expiration of the lease, or on the next day thereafter, the precept may, in the discretion of the judge or justice, be made returnable on the day on which it is issued, at any time after twelve o'clock, noon, and before six o'clock in the afternoon.

82. Subdivision three of section twenty-two hundred and forty of the code of civil procedure is hereby amended to read as follows:

3. Where service cannot, with reasonable diligence, be made, as prescribed in either of the foregoing subdivisions of this section, by affixing a copy of the precept and petition upon a conspicuous part of the property.

If the precept is returnable on the day on which it is issued, it must be served at least two hours before the hour at which it is returnable; in every other case, it must be served at least five days before the day on which it is returnable.

8 3. This act shall take effect immediately.

COMMITTEE'S EXPLANATION

The Committee's explanation follows:

“This bill lengthens the time within which a precept in a Municipal Court must be made returnable.

"Heretofore it was not less than three nor more than five days and this bill makes it not less than five nor more than ten days. The present law requires that the precept must be served at least two days before it is returnable. This bill requires that it must be served at least five days before it is returnable,"

CHAPTER 953, LAWS OF 1920 42

Section 1. Section twenty-eight hundred and sixty-three of the code of civil procedure is hereby amended by inserting therein a new subdivision, to follow subdivision five, to be subdivision six, to read as follows:

6. In a city of the second class adjoining a city of a population of one million or more, a justice of the peace shall not take cognizance of a civil action for the recovery of rent or the rental value of real property or of a summary proceeding to recover the possession of real property.

82. This act shall take effect immediately.

COMMITTEE'S EXPLANATION

"So many complaints were made of the administration of the socalled rent laws in the city of Yonkers that the Legislature deemed it best to take actions for rent and summary proceedings out of the jurisdiction of the justices of the peace.”

CHAPTER 165, LAWS OF 1921 43

Section 1. Section seventeen of chapter two hundred and seventy-nine of the laws of nineteen hundred and fifteen, entitled "An act in relation to the municipal court of the city of New York, and repealing certain statutes affecting such court, its justices and officers," is hereby amended to read as follows:

§ 17. Venue. 1. An action must be brought in a district in which either the plaintiff or defendant or one of the plaintiffs or one of the defendants resides, unless all the plaintiffs or all the defendants reside out of the city of New York, in which case the action may be brought in any district, except that an action against the occupant of premises for rent and for the rental value of the use and occupation thereof, or to recover the possession of real property, must be brought

42 In effect Sept. 27, 1920.
* In effect April, 8 1921. Matter in italics is new,

in a district where the premises or property is located; but an action brought by the assignee of the cause of action shall, upon the demand of a defendant made as provided in subdivision two of this section, be transferred to the district in which the defendant resides, and the court must make an order for such transfer, as provided in said subdivision. The district in which is situated the place for the regular transaction of business of an individual who does not reside in the city of New York, and the place where a corporation transacts its general business or keeps an office or has an agency established for the transaction of business, or is established by law, shall be deemed the place of residence under the provisions of this section. The city of New York may sue or be sued in any district, except as provided in subdivision three of this section.

2. If the action is brought in the wrong district, it may nevertheless remain there unless the defendant demands that it be transferred. Such demand must be made in writing and filed with the clerk before or at joinder of issue and must specify the district to which the defendant desires the action to be transferred and facts under oath showing that such district is the proper one. The court must thereupon transfer the action to the proper district, and may in its discretion impose five dollars costs against the plaintiff.

3. All actions by or on behalf of the city of New York, or any department thereof, to recover a fine or penalty, must be brought in the district where the violation of law occurred.

4. An action or special proceeding may upon consent be transferred by the court to a district other than that in which it is pending.

5. Nothing in this section shall be construed to prevent the board of justices from designating a part or parts of the court where special classes of cases shall be brought or tried, or the president of the board of justices from transferring cases from one district to another in the same borough.

$ 2. This act shall take effect immediately,

CHAPTER 298, LAWS OF 1921 44

Section 1. Chapter eighty-eight of the laws of nineteen hundred and nine, entitled "An act providing for the punishment of crime, constituting chapter forty of the consolidated laws,” is hereby amended by inserting therein a new section, to be section twenty hundred and forty-one, to read as follows:

8 2041. Discrimination against children in dwelling houses: Any person, firm or corporation in any city owning or having in charge any apartment house, tenement house or other building used for dwelling purposes who shall refuse to rent any or part of any such building to any person or family solely on the ground that such person or family has or have a child or children shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than fifty nor more than one hundred dollars for each offense. § 2. This act shall take effect immediately.

44 In effect April 21, 1921.

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