Judgment affirmed, with costs. The question whether the statute is violative of the provisions of the Constitution has not been considered for the reason that the question was not raised in the courts below (Purdy v. Erie R.R. Co., 162 N.Y. 42); no opinion.

Concur: PARKER, Ch. J., O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN and LANDON, JJ.