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Z i A W SUPPLEMEKT-ISFUMBER TWO. S U P P E K I V r B N T TO THE 1 THURSDAY, AUGUST 11, 1887. LAW S OF N E W Y O R K —Y jr A u th o r i t y . tbroBehout the'state, oi^and not before tbe^weu- chap. L^parlflflteT^YstatuteB.] CHAP 437. AN ACT to release to Michael Nellaney all tbe right, title and interest of tbe people of the State Of New York in and to certain real estate in tbe wty^of Buffalo, county of Erie, State of New Passed May 24, 1887; by a two-thirds vote; without the approval of the Governor.* 27ie People of the State of Ne w Piwfe, represented in Senate and Assembly, do enact as follows: S ection 1. All the estate, right, title and interest of the people of the State of New York in and to all that certain piece or parcel of land situate in the city of Buffalo, county of Brie and State of New York, bounded and described as follows: Northei ly by the southerly line of Jersey street, as a for conveyed by Francis O. Edward and Mary P. Ed wards to Michael Moynahan, by deed bearing date January fifteenth, eighteen hundred and sixty-nine, recorded in Erie county clerk’s o£&ce_in liber two hundred and ninety, at page forty-nine of deeds; and westerly by the shore line of Bake ^Ei-ie sxisted in i' SSwownTdby the Ne^^ Hiyer Railroad Cnrumny, and the land here tofore ap iropriated by the State of New York as a protectiv.li to the'said Erie canal, and off from the easterly side of said premises, are hereby released to Michael Nellaney, of tne city of Buffalo, county of r-rie, and State.of New York, and to nis heirs ___ ___ _ _____ north by a line parail the southerly line of Jei-sey street as a fo u r __ street, extended at the distance of one hundred feet southeriy from the said soutaerly line of Jersey street extended; on the east by the Erie canal one hundred feet; on the south by tne northerly line of lautt conveyed by Michael Minahan and wife to Charles H. and Frank A. Hathbun, by deed dated March fii'st, eighteen hun dred and seventy, and recorded in Erie county above described parcel of land and from this gi all that part of said laud taken and appropria _ by the Buffalo aud Lockport Kailroad Company, and now owned by the New York Central and Hudson Eiver Railroad Company, and the land retofoiore appropriated by the State of New (tection to said Erie canal, and off froi impany, and the land the State of New Y ork g 2. Nothing herein contained shall be construed to impair, release or discharge any right, claim or interest of any heir-at-law, devisee or gi-aucee, purchaser or creditor by judgment, mortgage or otherudse, in and to said premises or any part thereof; and none of the provisions of this act shah, be construed so as to affect any right,’title or that portion of the lands hereinbefore desorit. which lie westerly of the right of way of said com pany; and all the rights and privileges of the said railroad company as a riparian owner or otherwise, if any, with reference to said lands shall remain and continue irrespective of the provisions of this act the same as they now exist, g 3. This act shall take effect immediately. *Not returned by the Governor within ten days after it was pi-esented to him, and became a law without his signature. [Art. lY., Sec. 'J, Constitu tion of the State of New York.] S tate o r N ew Y ork ,' Office ortbeRecretary >f State, ss.; I have compared the preceding with *he original law ou: file in this office, aud do hereby certify that the same is a correct transcript there from and of tbe whole of said original law. FREDERICK COOK. Secretary of State. LAW S OF N E W Y O R K —E y A u tlio r ity . [Every law, unless a different time shall be pre- scnbed therein, i^hall commence, and take effect throughout the State, on aud uot before the tvteu- tieth day after the da te of its final passage, as cer tified by the Secretary of State, sec. 18, title 4. ®han. 7. nart 1. Revised Statutes.] CHAP. 533. AN ACT in relation to railroad corporations. ‘ Passed June 6,1887; three-fifths being present The People of the State of New Torh, represented ' in Se nate and Assembly, do enact as follows: S ection 1. Any railroad corporation now or hereafter organized under the laws of this State , and which shall hereafter construct its road, may, where its railroad overcomes an elevation of more than one thousand feet within a distance of two miles, charge and receive for each passengoi; trans ported one way not more than seven cents for each one hundred feet of elevation; where its railroad overcomes an elevation exceeding three hundred feet to a mile, and is operated by other power than locomotive engines, it may charge and receive for ■ per mile, g 2 Any such railroad company whose railroad overcomes either of the elevations described in the fii’st s^tion may use any motive power - I This act shall take effect immediately. chap. 7l part 1. Revised Statntes.1 CHAP. 405. mdfor furnishing the same. Passed May 19, 1887; three-fifths being present; ■without the approval of the Governor.* The People of the State of New Fork, represented in Senate and Arssembly, do enact asfolloivs: TipSn l ? o ^ c t ® o r ' ’oofiti^cts“ wdth the lowest responsible bidder or bidders, after due ad- V ertisem ent, w ith s u ch sureties a s the Comptroller may demand, which shall show to the satisfaction o f the Comptroller th a t that t the same w ill be done, Including the cost of material, within the k jf limits of the appropriation. No part of this ap- * propriation shall be expended, except for procur ing plans and specifications for the building, until / such plans and specifications shall have been ap- - ^ proved by the Comptroller. i 2. This act shall take effect immediately. umisnm^ tne same tiirou^nc by tbe managers thereof, i pprovedby the Comptroller, OP contracts therefor with y A n tlio rlty . oe shall be pre- _____________ and take effect thrwighoutthe 'Srate, on and not before the twen tieth day after the day of its final passage, as cer tified by the Secretary of State. Sec. 12, utle4, (thao. 7. Dart L Revised Statutes.] CHAP. 475. dMay 26, 1887, three-fifths being p Without the approval of the Governor,* The People of the State of New York, represented in Senate and Assembly, do enact as folUms: S ection 1. Section eight of chapter two hundi-ed and eighty-three of the laws of eighteen hundred and eighty-five, entled ‘‘ An act to establish a For est Commission and to define its powers and duties, and for the preservation of tiie forests,” is here by amended so as to read as follows ; § 8. The lands now or hereafter constituting the Forest Preserve shall be forever kept as wild for est lands, and shall not bo sold nor ehall they be leased or taken by any person or cor poration, public or private, except that whenever any of the lands now comtitutlng the Forest Pre- ■erve, or which may hereafter become a part thereof, owned by the State within any county apecified in section seven of the act hereby amended, shall consist of separate small parcels or faiictswholly detached from the main portions of f 0 aud bpunded on every side by mo ijoiesi. uommissiou or a niajorii/y mereoi, to gether with the advice of the Attorney-General in behalf of the State. Such separate tracts or parcels of land may be exchanged by the Comptroller for lands that lie adjoimng the main .tracts of the Forest Preserve upon the recommenda- ' the Forest Commission difference, if any, between the values of such par cels so proposed t* be exclranged shall be paid by the party so exchanging with the State treasury, but the State shall not pay the amount of any such difference. Two of the appraisers shall be nominated and appointed by the county judge of the county in which said lands pi’oposed to be exchanged are sit uate or in dase such lands are situate in two counties, then the county judge of each county shall nominate and appoint each one appraiser. The two appraisers so appointed shall select a third ap praiser, and they shall report to the Comptroller the result of said appraisal before such lands shall be exchanged as aforesaid. The said appraisers so appointed shall receive the same compensation for their services as is provided for appraisers of dece- ’ its’ estates, to be paid by the party so pro- ling to exchange lands with the State. LAW S OF N E ’SV A’O R K —S y A n t l i o r l tj ’. [Every law, unless a different time shall be pre-> scribed therein, shall commence and take effect throughout the State, on and not before the twem, tieth day after the day of its final passage, as ce^ tified by .the Secretary of State. Sec. 12, title 4, chap. 7, part 1, Revised Statutes.] The People of the State of Neto York, represented in Senate and Assembly, do enact as follows: S ection 1. All the estate, right, title and interest of the people of the State of Rew York in and to York, and distiuguished as blocks number eighty- three and eighty-four of the south village of Black Rock, as the same has been surveyed and designat- York Central and Hudson River Railroad Compa- — — .1 1 — — belonging, or now be- if forever. § 2. A othing herein contained shall be construed to impair, release or discharge any right, claim or interest of any heir-at-law, devisee or grantee, purchaser or creditor by .iudgment, mortgages or Otherwise, in and to said premises or any part thereof, and none of- the provisions of this act and Hudson River Railroad Company of, in or to tliat portion of the lands hereinbefore described, which lie westerlv of the right of way of said company; and all the rights aud privileges of said railroad company, as a riparian owner or other wise if any with referercjto said lands shall re main and continue Irrespective of the pi-ovisions of *Xot returned bv the Governor within ten days after it was presented to him, and btcanie a law o l S I . Z LAWS OF NEW YORK— Sty Antliorlty. [Every law, unless a different time shall he ore- Chao. 7, part 1, Revised Statutes.] CITAP. 429. AN ACT to amend chapter four hundred and eighty-eight of the laws of eighteen hundred and eightv-six, entitled An act to provide for the uniform contract or policy of fire insurance to be made aud issued in this State by all iusurance CO aip^^riies^ taking fire risks on property within Passed May 23,1887; three-fifths being present. The People of the State of New Twk, represented in Senate and Assembly, do enact as follows; for a uniform contract or poliev of lire insurance to be made and issued iu this State by all insur ance companies taking fire risks on property within this State,’ ’ is hereby amended so as to read as fol-, §4. Nothing herein contained shall be consfrued to prohibit or prevent indorsing on the outside of the policies herein provided for,'the name, with the word “ agent or agents’ ’ and place of business of any insurance agent or ’agents, either by writ- LAW S OF N E W Y O R K —R y A u tn o r ity ; [Every law, unless a different time shall he pre scribed therein, shall commence, and take effect threugbont the State, on and not before the twen tieth day after the d t te of its final passage, as cer tified'by the Seeretarv of State, bee. 12, title ». chan. 7, part 1, Revised Statutes.] CHAP. 407. AN ACT for the preservation and propagation of shad in the Hudson river. Passed May 19, 18S7; three-fifths being present; without the approval of the Governor.* The People of the State of New York, represented in Senate and Assembly, do enact as foil jws : tion thereto, shall be liable to a penalty of fifty dollars for each offense. § 2. This act shall take effect immediately. from SemetarF^iM’ State. LAW S OF N E W YO R K —B y A u th o r ity . [Every law. ui scribed therein, throughout the tieth day after t tifitdby the Se Chao. 7. part 1. 1 Passed May 19,1887; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S ection !. There shall be paid out of any money not otherwise appropriated, by the State Treasurer on the warrant of the Comptroller to the order of the chief of ordnance, the sum of three thousand dollars, or so much thereof as may be necessary for the purpose of enlarging and completing the drill- room of the State armory in the village of Hush ing, Queens county, now occupied by the seyen- leenth separate company, infantry, and for enclos ing the lot upon which said armory stands by a proper fence. But no part of this appropriation shall be expended except upon a conti-act for the the work which shall satisfy the Chief of Ordnance that the work contemplated will be completed within the limits of this appropriation, i 2. This act sliall take effect Immediately. S tate ot N ew Y obk .. Office of the Secr« LAW S O F N E W YOK-EA-»y A u r n o n iy . tified by the Secretary of State. Sec. 12, title 4, chap; 7, part 1, Revised Statutes.] ^assed May 25, 1887; three-fifths being t^esent; thout tbe approval of the Governor.* 8 2. Before entering upon their duties the com missioners shall take the oath of office prescribed istitution, and file the same in the uii <Miu KiViii^ mica l ^ xius , tjic uuaxuas*' mers shall,p-dvertisa for fen days in two daily iwspapprs Mjblished in the city of Utica for pro posals for tliiwork of filling, grading and restora tion as herein'provided, according to plans to be previously prepared by them. Such proposals may be for any parts of such work, indicated in the plans, or for the whole in one bid, and the person Who Shall offer to do the work for the lowest price, and give satisfactory security for its performance, shall be awarded the contract for doing it. § 4. When it shall be ascertained from the con tracts made what the work is to cost, the said com missioners shall apply to the Common Council of the city of Utica for the issue of a sufficient amount of bonds to cover such cost, including the engineer ing and necessary contingent expenses, which con tingent expenses shall not exceed five hundred dol lars, and the Common Council shall issue such bonds accordingly. I’hey shall be issued for a term not exceeding one year, and at a rate of interest city of Utica of the conveyance in the last prece - ing section, provided to be given, the commission ers shall\ divide the said real estate into suitable parcels, and shall cause an accurate map and plot of the'same tabe made and posted in the office of the city ^rveyor. They shah, then ad vertise for two weeks in two daily newspapers of the city of Utica that on a day and hour to be stated in such advertise ment the said parcels wUl be sold at public auction to the highest bidder; and at the time stated the sale of such real estate shall commence and shall continue from day to day, if necessary, till the whole shall he sold. Ten per centum of the pur chase price shall be paid to the commissioners at thetimeof such sale; the remaining ninety per centum shall be paid ou the delivery of the proper conveyance of the property so purchased from the ^*^8^7. Conveyances in the usual form of all the right, title and interest of the State of New York shall be executed by the mayor or the city, and at tested by the corporate seal and delivered to those who may become purchasers imder the last preced ing section. 8 8. All payments on account of such sales shall be deposited on the day of their receipt by the commissioners into the city treasury, and shall be applied by the city treasurer to the payment of the bonds to be issued in pursuance of the provisions of section four’, of this act. § 9. Should the proceeds of the sale of lands prove insufficient for the payment in full of such bonds, with the lawful interest thereon, the common council of the city of Utica shall provide in their next annual tax levy for the raising of a sufficient sum to meet the deficiency. Should the proceeds of the sale amount to more than the sum of the bonds Issued, with the latvful interest, the surplus shall be applied to the use of the general city fund. 8 10. The commissioners shall receive no com pensation for their services under this act, but shall be allowed their disbursements for surveys, maps, clerical services, advertising and other nec essary contingent expenses actually incurred not exceeding five hundred dollars. § 11. 'J'he Cl m nissioners shall, at the close of their services under this act, make and file in the office of the Secretary of State a full report of their pi'oceedings under tliis act. 812. Nothing contained iu this act sliall in any way affect the rights of the State of New York to keep and nuiintain its line of water pipe leading from the lauds heretofore taken by the State of George R. Perkins and others, and from what is known as the Asylum spring on the Perkins farm, along the easterly line of said canal to or near tho fiftli leek on said canal, and from thence to the state Iiunatic Asylum in the city of Utica as ■the same is now laid and used for said asylum, aud to enter upon said lands to relay or repair said pipe at will. And all rights confeiTcd by this act to the city of Utica and to the purchasers of said lands or'’ any part thereof, shall be at all times subject and suDseriient to the rights of the State of New York as herein reserved. § 13. This act shall take effect immediately. LAW S OF N E W Y O R K —B y A n tR o rlty. [Everv law, unless a differert time shall be pre scribed therein, shall commence and take effect throughoutthe Stale, on and not before the twen tieth day after the day of Its final passage, as cei;- tified by tbe Secretary of State. Sec. 12, title 4, chap. 7, p a rti, Revised Statutes.] CHAP. 423. AN ACT to amend sections eight and two hun dred aud nineteen of the Code of Criminal Pro- Passed May 21,1887; three-fifths being present. ~ The. Penjjle of the State of New York, repre- eented in Senate and Assembly, do enact as follows: S ection 1. Section eight eff the Code of Criminal Procedure is hereby amended so as to read as fol- 8 8. In a criminal action the defendant is entitled 1. To a speedy and public trial, 2. To be a,l jwed counsel as in civil actions, or he may appear aud defend in person and with counsel; ji’dss-examine tlie witness, or where the testimony of a witness on the pa:t of the’people has been taken according to the provisions of section two hundred and nineteen of this Code, the deposition of the witness may be read upon its being satis factorily shown to the court that he is dca 1 or in sane, or cannot with due diligence be tound in the State. §2. Sectic iiS S l S r p 'iS S - e f f S e K b f S E a i d M i219. A Witness may he conditionally examined behalf of the people in the manner and’with the _ _ ect provided by title twelve chapter three of this Code, for taking examination of witnesses con ditionally on behalf of the defendant. A copy of the order and affidavit upon which the application is made, together with notice of the time and place where the examination is to be taken, shall be served on the defendant, and ms counsel, if he have any, at least two days before the time fixed for such examination, and the defendant may be pres ent personally upon such examination to confront the witness produced against him, if the defendant have no coimsel the order shall contain a pro-vision assigning counsel to Mm for the purpose of such ’ lation upon whom a copy of said order, roiD, State. LAWiS OF N E W A*ORK—B y A titn o rity . [Every law, unless a different time shall be ore- scribedl therein, shall commence and take effect tbronghoatihe Srate, on and not before the twen tieth day after the day of i ts final passage, as cer tified by tbe Secretary of State. Seo. 12, title 4, Chao. 7, part 1. Revised Statutes.] CHAP. 430. AN ACT to amend chapter three hundred and forty-two of the laws of eighteen hundred and eighty-five, entitled “ An act for the better se curity of mechanics, laborers aud others who perform labor or furnish material for buildings and other Improvements in the several cities and counties of this state, and to repeal certain acts and parts of acts. Passed May 21, 1887; three-fifths being present. The People of the State of Nexo York, represented im Senate and Assembly, do enact as follows: riLy oj. mucijauics, laooiors auu ui/iiers wuu peviurui labor, furnish material for buildings and other im provements in the several cities and coimties of this State, and to repeal certain acts and parts of utsJ ’ is hereby amended so as to read as follows: 8 20. All persons, firms, corporations or assooia- -—„— ------- - Areot the. amount due sub-con- tra<tors and workmen to be paid out of the projeeds of sales in their order of priority herein provided before any part of such out reference to the date when such workmen or laborers shall have filed their liens. Where several notices of liens are filed for the same demand, as in case of a contractor including claims for work men to whom he is indebted, aud the liens by the workmen, the judgment shall provide for the proper payment, in order of priority as herein pro vided, so that under the liens filed doujile payment shall not be required and no pajunents volunt-arily made upon any claim which has been filed as a lien, shall impair the lien of any person except the lien Of th« person so paid to the amount of such pay ment. • 8 2. This act shall take effect immediately. S tate oe N e - w Y ork , Office of the Secretary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the sanje is a correct transcript there from and of the whole of said original law. FiiEDEKlCK COOK, Secretary of State. LAWS QF NEW YORK—By Amaorlty. [Every law, unless a different time shall he nre- scribed therein, shall commence and take effect throughout the State, on and not before the twen- ^ i l t V b 7 t l ^ e % 'e » chap. 7, part 1, Revised Statutes.] CHAP. 4S8. AN ACT to provide for the disposition of the new Oneida Lake canal. Passed May 23, 1887; two-third vote without the approval of the Governor.* The People of the State o f Neio York, represented in Senate and Assembly, do enact as follows: S ection L All the estate, right, title, interest and property which the people of this State have heretofore acquired and now have in and to all the lands taken and appropriated for the purpose of constructing and operating the new Oneida Lake canal, iu the county of Madison, shall revert to. ages arising from the abandonment thereof, where upon they, and each of them who shall execute and deliver to the Superintendent of Public Works such foregoing described instrument, are hereby authorized and empowered to hold, grant, devise and convey the same. § 2. The Superintendent of Public Works is here by empowered and directed to remove the briuges on said canal, on the lines of the public highways, and to build culverts in the bed of the canal where said highways cross the same, of sufficient size to carry off the water which may accumulate in said canal, and to remove the approaches and fill the canal up where said highways cross the same, to the level of said highway as near as practical. The sum of Jive hundred dollars is hereby appropriated from any stun in the treasuiy not otherwise appro priated, to pay tile expense of removing said bridges, building said culvertsjand grading said highways. Tlie money hereby appropriated for the purpcS3 aforesaid shall be payable by the State TVeasurer on the warrants of the Comptroller, out Of any moneys not Otherwise appropriated, to the Superintendent of Public Works, to be by him ex- peuded for the purpose defined in section two of this act. §3. The State reserves the right to such material in the locks of said canal as can be used ou other canals of the State. § 4. This act shall take effect immediately. L A W S O F H E W Y O R K —B y A n t l i o r t r y . e'ighty-six, entitled “ An act to provide for the care^and preservation of the monuments marking Passed May 21,1887; three-fifUis being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S ection 1. Section two of chapter four hundred and foi’tv-nine of the laws of eighteen hiuidred and eighty-six, entitled “ An act to pvo'vide for the care and preservation of tlie monuments marking the boundary lines of the State,’ ’ is hereby amended so as to read as follows: § 2. The State Engineer and Surveyor is hereby authorized and directed dining ihe year eighteen hundred and eighty-seven, arid every third year thei-eafter, to cause to be made an examination and inspection of all the said monuments upon the State boundary and to make a detailed report thereof to the Legislature, and if any such monu ments be found injured, displaced or removed said State Engineer and Surveyor is hereby authorized and directed in eo-operation with persons duly au thorized by the adjoining State, to restore aud re place the same aud to cause suitg,ble stone monu ments to be set wherever such are now lacking, at tlie points where said State boundary is intersected by the boundary of any towns or counties of tins State, or by any highway, and for the purpose of carrying out the provisions of this act the sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated therefor, pay able by the Treasurer upon the warrant of the 11 take effect immediately. LAWS OF NEW A'ORK—By Antliorlty. tified by tbe Secretary of State. Sec. 12, title 4, chap. 7, p a rti. Revised Statutes.] CHAP. 491. AN ACT making appropriation for the payment of awai’ds of the Board of. Claims in canal claims, and for expenses connected therewith.J Passed June 1,1887; three-fifths being present. The People of the State of New York, repre sented in Senate and Assembly, do enact as follows: and expenses incurred by the agehts employed by the Superintendent of Public Works in me defense . of claims against the State connected with the canals. No such awards shall be paid except upon the presentation and filing of a copy of such awards duly certified by the clerk of said poard, and a cer tificate of the Attorney General that no appeal from such awards has been or will be taken by the State; nor shall any account for the services, dis bursements and expenses of such agents be paid until the same has been presented to and approved by the Canal Board. 8 2. This act shall take effect immediately. S tate of N ew Y ork , Office of tbe Secretary of state, 88.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript there* from and of the whole of said original law. FREDERICK COOK. Secretary of State. LAW S OF N E W X O K K -B y A n v a o n x y . of New York, in and to the real and pers< property of Carrie Edelsten, deceased, to I Oamin W. Riggs. Passed May 19, 1887, by a two-third vote; with out the approval of the Governor,* CChe People of the State of New York, repre sented in Senate and Assembly do enact as follows: :t s h ^ take effect immediately. *Not returned by the Governor -within ten days after it was presented to him, and became a law ■without his signature. [Art. IV., Sec. 9, Constitu tion of the State of New York.] , certify that the same is a correct transcript there- ---- from and of tho whole of said original law. FWSfifiRIOB: CQOK, Spctelaty of I ipt th State. ’assed May 19,1887; three-fifths being present; thout the approval of the Governor.* The People of the State of NewYork, represented in Senate and Assembly, do enact as follows; S ection 1. Chap'ter sixteen of the laws of eight een hundred and eighty-six, entitled “ An act to allow any Evangelical jLutheraa church or congre gation in this state, now or hereafter incorporated, to incorporate itself under the provisions of section two of chapter sixty of the laws of eighteen hun dred and thirteen entitled ‘An act to provide for the incorporation of religions societies,’ ’ ’ is here by amended so as to read as follows: § 1. Any Evangelical Lutheran church or oon- '■ min this State, now Incorporated under three of chapter sixty of the laws of ...... ............. ...... .. Jghteen hundred and thirteen, and by a majority of the voices of the persons en titled to vote, according to section seven of chSp- ter sixty of the aforementioned act of eighteen hundred and thirteen, to decide whether such Evangelical Lutheran church or congregation de sires to avail itself of the provisions of, and the I said chapter sixteen of [red and eighty-six. ilieal Lutheran church ____ ^ _ _________ .-lurch or congregation is situated; in which certified copy the .names of the minister or ministers, elders and deacons of such church or congregation, then in office, shall be par ticularly mentioned; whereupon the term of office to wMch the aforementioned trustees were elected shall expire and cease, and the said minister or ministers, elders and deacons of such church or congregation, then in office, shall be and constitute the board of trustees for such Evangelical Luther an church or congregation; provided, however,. that the rights and duties of such trustees are the same as those described in and set forth by section four and the subsequent sections of the aforemen tioned act of eighteen hundi-ed and thirteen, and the acts amendatory thereof and supplemental thereto. shall, by virtue of this act, be vested with the title to all the property, real as well as personal, of the old cornoration formed under the laws of eighteen hundred and thirteen, in the same manner as if such property had been originally acquired by such new corporation, and such new corporation shall also assume all liabilities to which the old corporation was subject, in the same manner as if originally incurred by such new corporation; and for all pur poses whatsoever such new corporation shall take the place and stead of the old corporation. 8 5. This act shah taxe effeoi; immediately. * Not returned by the Governor within ten days after it was presented to him, and became a law without his signature. [Art. IV., Sec. 9, Constitu tion of the State of New York.] LAW S OF N E W Y O R K —B y A u m o rsiy . CHAP. 443. AN ACT to amend section one of chapter four hundred and sixteen of the laws of eighteen hundred and seveuty-four, entitled “ An act lui’ther to amend section six of chapter two him- dred and eighty of the laws of eighteen hundred and forty-five, entitled ‘ An act for the public- tion of the session laws in two newspapers in each county of this State.’ ’ ’ Passed May 24,1887; three-fifths being present; without the approval of the Governor.* The People of the Stale of New York, represented in Senate and Assembly, do enact asfoXlou's: S ection 1. Section one of chapter four hundred aud sixteen of the laws of eighteen hundred and seventy-four, entitled “ An act further to amend section six of chapter two hundred and eighty cf the laws of eighteen hundred and forty-five, ‘ An act for the publication of the session laws in two newspapers in each county of this Slate,’ ” is hereby amended so as to read as follows: §1. Section six of chapter two hundred and eighty of the laws of eighteen hundred aud forty- five, entitled “ An act for the publication of the session laws in two newspapers in eaoh county of this State,’ ’ is hereby amended so as to read as follows : 8 6. The publisher of each of the papers so desig nated as aforesaid shall be entitled to receive tor . . of over fifty thousand inhabitants, by preceding census, the sum to be paid for such pub lication shall not he less than thirty cents or more than fifty cents for each folio. The specific rate per folio to be paid in each county shall be fixed by the board of supervisors thereof within the limits above specified. 8 2. This act shall take effect immediatelv. L.4.WS OF NEW YORK—By Antliorlty. [Every law, unless a different time shall be pre scribed‘therein, shad commence and take effect throughout tbe State, on and not before the twen tieth dav after the day of its final passage, as cer tified by the Secretary of State. Sec. 12, title 4, chap. 7,'part 1, Revised Statutes.] CHAP.;403. AN ACT to prevent the spread of the disease in peach trees, known as the yellows. Passed May 19, 1887, three-fifths being present; without the approval of the Governor.* The People o f the S tate o f New York, represented in Senate aiid Assembly, do enact as follows: S ection 1. I t shall be nnlayfful for any person to knowingly or willfully keep any peach, almond, apricot or nectarine tree infected with the con tagious disease known as the yellows, or to offer for sale or shipment, or to sell or ship to others any of the fruit thereof; that both tree and fruit so in fected shall be subject to destruction as public nuisances, as hereinafter provided,and no damages shall be awarded iu any court in this State for en- them, wMch shall be a part of the records of sar ^*^§T*It shall be the duty of the commissioners, o. any one of them, upon or %vithout complaint, whenever it comes to their notice that the diseasfe known as yellows exists or is supposed to exist of the service of the notice; aud in case vl xxuu > au infected such notice shall require the person in whose possession or control it is found to imme diately destroy the same, or cause it to be done. Said notice and order to be signed by the full board of commissioners. 8 5. Whenever any person shall refuse or neglect to comply with the order to remove and destroy Jih9 trees i»«rked by tbe conuoissionersi as afere- said, it Shan become the duty of the commissioners to cause said trees to be removed and destroyed forth'with, employing all necessary aid for that purpose, the expense for such removal and de struction of trees to be a charge against the town; and for the purpose of said removal and destruc tion the said commissioners, their agents and workmen, shall have the right and power ao entter upon any and all premises -within their to-wn. 8 6. If any owner neglects to remove and 3t exceeding one hundred dollars, or by imprison- _ient in the coun^ jail not exceeding three months, ox both, in the discretion of the court; and any justice of the peace of the to-wn -where such fruit is sold, shipped or disposed of, as aforesaid, shall have jurisdiction thereof, and aU such fines so col lected shall he turned over to the supervisor of said town to be placed by him in the contingent fund of said to-wn. he commi ‘ .......................... .. TOwn accounts are paiu. ouen lees ana an reason able charges and disbursements of said commission ers, in each case, may be recovered by the to-wn, in the name of the supervisor, from the owner of the diseased fruit or trees on account of' which such fees, charges and disbursements became payable or were incurred. § 8. This act shall take effect immediately. without his signature. [Art. of the State of New York.] R tatb of N ew Y ork , Office of tho Secretary State, ss .: I have compared the preceding with original law on ffie in this office, and do hereb BBffiKiJQOK f State.^ L A W S OF NEW YORK—By Antliorlty. titled by the Secretary'of State, chap. 7, part 1, Revised Statutes.] CHAP. 517. AN ACT to authorize the change of location of banks, banking associations or individual bankers. Passed June 3,1887; tliree-fifths being present. The People p f the State of York^ represented i two principal officers of the bank, banking associa tion or individual banker, shall be published once a -week for four weeks in a news paper published in the city of Albany, and for the same period of time in a laper published in the county in wMch the § 3. If the court to which the application is made shall be satisfied that there is no reasonable - ----------- ------------- lorationoration changingnging itsts locationocation objection to such corp cha i l it may make an order authorizing the oorpoiution to change its place of business to the location des ignated in the petition. A copy of such order shall be filed with the clerk of the county in which said corporation is located, and also in the office of the Superintendent of the Banking Department, and the same shall be published once in each week ■■ lessen or impair auy liability of such corporation i-icurredoi’existing at the time when the change of location-was made. 8 5. This aol sliall take effect immediat.cM. LAW S OF N E W YO R K —B y A u tlio rity , throughout the State, on and not before tbe twen tieth day alter the da te of its final passage, as cer tified by the Secretary of State. Bee. 12, title 4. eha.D. 7- Dart 1« Revised Statutes*] CHAP. 482. s nd section fifteej ..... Code of Civil Pi’( the dispensation of pr()j;eeds c where the party is an infant.) Passed May 26, 1887; three-fifths being present; -without the approval of the Governor.* The People of the State of Neio York, represented in Senate and Assembly, do enact as follows: non oi i/ue proceeus is an mrant, rne court may ai- reotitto be invested in permanent securities, at interest, in the name and for the benefit of the in fant; or it may, and on due proof that such portion so paid into court has remained uninvested in per manent securities for the space of three months, -’--’I direct the same to be paid to the general rdian of such infant, upon Ms giving an under- LAWS OF NEW YORK-By Authority, [Every law, unless a different time shall be pi scribed therein, shall commence and taKe effc _. ................... - ~ . * ,t before tbe twen- CHAPr534.^ AN ACT to amend section four h-nndred and sixty-six of the Code of Criminal Proeeaui’e. Passed June 6, 1887; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact asfoUows: Passed June 6,1887; three-fifths being present. The People of the State of New York, represent- d in Senate and Assembly, do enact as follows: woman to her husband shall not be invalii ___ ___ such transfer or conveyance was made directly from one to the other without the intervention of a third partjv 8 2. This aotshall take effect immediately. S tate of N e w Y o r k . Office o f the Sfeoretary of state, 88. .* I have compared the preceding with the original law on fiie in this office, and do hereby certify that the same is a correct transcript there from and of the whole of said origipal law. VRSDSaO&K COQK.aecMta.-T l?Reris!^Statutes] CHAP. 488. AN ACT to release to Hannah Shannon an th® right, title and interest of the people of the State o f New York in and to certain re£7 estate In the M ty^f Buffalo, county of Erie, Sgato of Ne-w Passed May 25,1887. by a two-third vote, \wlth-i out the approval of the Governor.* The People o f the State o f New York, represented in Senate and Assembly, do enact as fm o w s : S ection 1. All the estate, right, title andlntorest of the people of the State of New York, in and to all that certain piece and parcel of land situate to the city of Buffalo, coxmty of Erie and State of New York, bounded and described as follows; Be ginning at a point in the westerly line of Second street, one hundred and fifty feet northerly fro u* the northerly line of Georgia street; thence nortli- westerly along said Second street, one himdred amd sixty-five feet; thence south-westerly parallel-withC Georgia street to the westerly bounds of lot -t?wen- ty-six; thence south-easterly along said westerly bounds of lot twenty-six, one hundred and sixty- five feet; thence north-easterly parallel -with Georgia street to second street, the place of beginning, is hereby released to Hannah Shannon, fornlerly of the city of Baffalo, county of Erie, State of New York, and. to h UI.'S Olio ULLUUIU. C auu. lui,^ XBCL, I/Xicnec ouacn-weStei’Ij parallel with Georgia^eeL one hundred and sixity feet; thence south-f^terly to Georgia stree t ; thence north-easterly along said Georgia streeii, one himdred and fifty feet to the place of begin - ning, being lots fifteen and twenty-seven conveyed' by Roland S. Doty and -wife to Edward Smith by , deed dated July eighth, eighteen hundred and for- i ty-three, and recorded in the clerk’s office of tho county of Brie, in liber seventy of deeds, at pago ‘ two hundred and nineteen, July fifteenth, eighteen j hundred and forty-three, is hereby released to-' Hannah Snannon, formerly of the city of Buffalo, ' county of Brie, State of New York, and to her' heirs and assigns forever. 8 2. Nothing herein contained shall he constmedt) to impair, release or discharge any right,'claim or\ interest Of any heir-at-law, devisee ' cerrifyThM thisame is a correc®'\™?\^ LAWS OF NEW YORK—By Awtliorlty.l [Every law, unless a different time shall be scribed therein, shall cc The People of the State of New York, represented in Senate and Assembly, do enact asfoUows: S ection 1. The'■concurrent resolutions of th® Legislature for printing and binding three thousand four hundred and forty-six copies of the New York Civil List for the year eighteen hundred and eighty- six, passed March twenty-fifth, eighteen hundred and eighty-six, hnd March twenty-nine, eighteea hundred and eighty-seven; the concurrent resolu tion of the Legislature for printing and binding four thousand copies of the annual report of tha State Board of Health made to the Legislatura of eighteen hundred and eighty-five,' and lithographing maps and illustrationa aphing ma^s jassed April second, conies of the proceedings of the Legislature, a; the memorial oration on the death of Governor. Seymour, passed April twenty-third, eighteen hun dred and eighty-six, are hereby confirmed and ligalized, and they shall have^the same force and elect as if the work therein mentioned had been o ’dered by acts of the Legislature; and the sum oi fi teen thousand and ninety-four dollars, o r SO ing, binding and lithographing, — _____ be approved by the Comptroller. § 2. This act shall take effect immediately. UUJl Ui bliu Otatu Ui XNCWLUili.J J LAWS OF NEW YOBK—By AntKorltyJ ' [Every la-w, unless a different time shall be p r e scribed therein, shall commence and take effec^ ehao. 7. part U Revised Statutes.] ; CHAP.. 417. AN ACT to amend chapter ninety of the laws of eighteen hundred and eighty-seven, entitled “ An? act reappropriating money for the State Asylum/ for Idiots.” uiiatuu. U.V v/iiaytci xivu xiuuuicu. auu. liiujr ua oho laws of eighteen hundred and eighty-four, chapter hundred and eighty-five, and chapter four hun-. dred and tMrteen of the laws of eighteenf hundred and eighty-six, “ for the sup port and maintenance of the inmates of the Custo-. dial Asvlum for the services of the attendantsi therein, and for other necessary expenses, and the? and upoi ti’oller. § 2, This act shall take effect immediately. Secretary of State. L AWS OF NEW YORK—By AntliorXty.l CHAP. 538. l N a c t in relation to health and decent^Srto the school districts of this StUte. Passed June 7, 1887, three-fifths 'betay present. The People o f the. State o f New Tork^ represented, in Senate and Assembly, do eriact as foUows :
