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LAW SUPPtEM E N T --mJM B E R TWO. u m O F N E W T O B K - B T A n t n o m r . CHAP. 479. AIT ACT prescribing the period in each year du ring which and the terms under which racing may take place upon the grounds of associations incorporated for the purpose of improving the breed of horses, and suspending the operation of certain sections of the Penal Code. Passed Mav 26, 1887; three-fifths being present; ■without tlie approval of the Governor.* The Peosle of the State of New Yoi% represented in SauUe and Assembly, do enact as follows: SEOonoN 1. A tax of five per centum upon the gross amounts of the raceipts for admission on, race days, to race tracks or grounds on -which rac ing is had, owned, leased or conducted by a racing association incorporated under the laws of the State of Kew i'ork for the purpose of improving the breed of horses, whether for the improvement of the thoroughbred or the trotting horse, shall be annually paid by such associations to the Comp troller of the Slate of JN'ew i'ork, -within fifteen days after the first day of December in each year. § 2. It shall be the duty of the president or treas urer of every association liable to be taxed as provided in this act to make a report in -wi-iting to the Comptroller, annually,on or before the fifteenth day of ISiOvember in each year; stating the amount of gross receipts for admission to its race course on race days which shall be duly verified by the oath of its treasurer. \4Cbjobioc/A c bv ouvu lu u.c- fault and in addition thereto shall be liable to pay to the State for each such omission or failure, a Bum not less than five hundred nor more than one thousand dollars, the same may be sued for and recovered in the name of the people of the State in any court ha-ving competent jurisdiction, by the Attorney-General, at the instance of the Comptroller. The Comptroller is also authorized — A ----- A i ------------ —y failure of ai'“ — ’ ------ ___ jCr privileges at an end; an« tioual failure the charter privileges, corporate tights and franchises of every such association shall cease, end and be detennined. g 4. The number of days upon which races may be conducted upon any race track or grounds is limited to thirty days in each year, and during that number of days only races shall be authorized and allowed upon such tracks or grounds during which -time the same may be hept open for the admission Of the public, subject to the couditions aud limita tions prescribed by the acts or the several amend ments thereto under which the said associations were incorporated, and the provisions of sections three htmdred and fifty-one and three hundred and fifty-two of the Penal Code shall not apply to the OTounds of such associations during the number of Says in each year during which the said races are hereby authorized; that such racing and all pool Belling in this State shall be confiued to the period between the fifteenth day of May and the fifteenth day of October in each year, and all pool selling Bhall be confined to the tracks where the races take place, and on the days when the races take place. § 5. The ComptroUer shall issue to every racing association paving a tax under the provisions of this act a receip t for the same.and such receipt shaU be presumptive evidence of such payment. § a. All revenue which shall be received by the said Comptroller from the taxation prescribed in this act shall constitute a fund which shall be an nually disbursed on behalf of the State for improv ing the breed, of cattle, sheep and horses at the Various county fairs throughout the State, by the State Agricultural Society. • § 7. Any person who .shall engage in pool selling at any lime or place except as hereinbefore stated, shall be guilty of a felony, and upon conviction shall he punished by imprisonment in the State prison for a period not less than one nor more than live years. g 8. This act shall take effect immediately. l. -Vn'S OF 1VET5' -ffO-EeSJ—SSy A u lUovity. f iivffv law , unb'^s a different tim e shall he pre- E .ihed trsn-cin, shall cf.uim ence and ta t e effect, t'li-ougboutThe Srate, on and n o t b e fore th e tw e n - tt- lb d y iifte- the day of i t s final passage, as cer- CHAP. 402. AX ACT to p!-ovide for the construction of a lift or ..oX'-br;(Igo over t ’le Brie canal, at Glasgow Ml-, i t, in the V d’age of Clvde, VVajnie eounty,and i: iii.ing an aij;n'opnaiion therefor. Ml y 19,1S87; three-fifths being present; wiii.'out tiie approval of tiro Governor.* Till p. iiiiP i f Hie State of Nciv Yorl:, represented in S, iii'tf null Ayrriiihl:;, i-o enact as follows: SncTtoN 1. Tlie Superinteiivent of Public AYorks is lifcrcbv authorized to cotistrncf, or cause to be constructed, a lift or hoist-bridge over the Brie ca nal at Glasgow street, in the village of (’Ivdc, Way lie county.the same to be consU'acted as sr o n as possible aud before the opening of canal iiav iga- tion in the year one thousand eight hundred and eighty-eight. Provided, however, that the ope- S l f i S p S o ' S i i f S ' ' M i f ' P S f c , ‘’S S ‘i55 wise appropriated, to carry into effect the pro- vnsions of this act, which amount shall be paid by the Treasurer upon the warrant of the Comp troller ar d the reiiuisition of the Superintendent Of Public W'orks, as he may reiiuire the same in the progi-ess of said work, provided, however, that there shall be no expense to the State on account? of lands to be taken for abutments or damage to S tate OV N ew Y ork - , Office or tne secretary, of State, ss.; I have compared the preceding with cert?fy^hat tiff samels a correcU%nlcnpt tucro- from whme m I.A W S OF NEW TOlS-K—By A n tlio rlty . [Every la'W, unless a different time shrill be pre scribed therein, shall Procedure. Passed May 13,1887; three-fifths being present. S ection 1. Section seven imndred and seventy- throe of the Code of Ci-iiuhial PiMcedure is hereby ^W^^Whent-ver iihoi-med that a per- ptanees as to afford a reasonable ground to suspect l i f e . \ f f i s r f e ’ S'oS'”';te - f e x t e j “, r t s b ' . u S i s i r ' i - L „ s s i ' s appear before hint forthwith at a speciiied place, to Inquire into the cau.sc- of the death or woaad, and If it shall appear from tlie sworn examination of the inform.ant or comijlainant. or if it shall appear by the evidence taktu on or during the inqui.siiion, that any person or per.son.s are chargeable with the killing or wounding, or that there is probable cause to believe that any person or persons are charge able therewith, and if such person or per.son.s be must be aiTanged b-eloi-e th-> coroner for examina tion, and the said coroner shall have power to commit the person or per.son.s so arrested to await the result of tlie inquisition. S :i. Section seven imnrlred and eighty-one of this act is hereby amended so a.s to read as follows: '• '..'i'he coroner’s warrant mast ■ case may be), as found by the inquisition; or, in formation having been this dav Laid before me that A. li. has been killed or dangeru-i.-ly -woimded by C. 1). by erimmal means (or a.s the case may be), yon are hereby commanded forilivviHi to airest the above named C. D. and bring him before me, or In the case of my ab.sence or inability to act, before the nearest or mo.st accessible coroner in this at the city of^Albany (as the case may be). Coroner of the County of iUbany. (Or as the case may he.) j Kviiaat is brought before him, must proceed to examine the charge contained in the inquisition or information, and hold the defendant to answer or discharge him therefrom, in the same manner in all respects as upon a warrant of arrest on an in formation. § 4. Section seven hundred and eighty-fonr is hereby amended so as to read as follows: __________ S tate o f N ew Y obk , Office of the Secretary of State, ss.: I have compared the preceding -with the original law on file in this office, and do hereby certifiy 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 T O R K —By A u tlio rlty . [Every law, unless a different time shall be pre scribed therein, shall commence and take effect throughout the State, on and not before the twen tieth day after the day of its final passage, a t cer tified by the Secretary fof State. Sec. 12, title 4, Chan. 7. cart 1, Revised Statutes.] CHAP. 423.. AN ACT to amend the Code of Civil Procedure. Passed Kay 23, 1887, 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 follows: S ection 1. Section twenty-seven hundi-ed and fifty-one of the Code of Civil Procedure is hereby amended so as to read as follows: S 2731. The time during which an action is pend- inp: in a court of record between a creditor and an executor or administrator of the estate is not a part of the time limited in the last section for pre senting a petition, founded upon a debt which was in controversy in the action, if the creditor has, before the expiration of the time so limited, filed in the clerk’s office of the county where the real property is situated a notice of the pendency of the action, specifying the names of the parties, the obisetof the action, and, if the creditor’s debt is made the foundation of a counterclaim, the nature of the counterclaim, containing a description of the property in that county to he affected thereby, upon notice to the creditor and nppn such terms as justice requires. 'V\lienever an executor, admin istrator or creditor of a deceased person sbaU have commenced, or shall iierwifier commence, an action in any court of competent jurisdiotiou of this State for the purpose of setting aside any fraudulent conveyance of, or incumbrance upon, any real es tate of such deceased, person, and. such action shall have been decided in favor of such executor, ad ministrator or creditor, such executor, adminis trator or creditor, may, at anj; time within three years after the final determination of such action, have and maintain an action of proceeding against the proper parties, in any court of competent juris diction of this State, for a sale of such real estate, and for a distribution of the proceeds of such real estate among the creditors of such deceased person and other persons entitled to the same as may be directed by the judgment in such action. § 2. This act snail take effect immediately. LAWS OF NEW YOEK—By Aiitnorlty. [Every law, unless a different time shall he nre- sci-ibed therein, shall commence and take effect throughout the State, on and not before the twen tieth day afte>- the day of Us final passage, as cer tified by the Secretary of State. Sec. 12, title 4, chan. 7. part 1. Revised Statutes.l real estate situated in Albany and Warren coun ties in this said State of New York, devised to them* by William Caldwell deceased. • Passed May 12,1887, by a two-third*vote; -with out the approval of the Governor.* The People of the State of Netu York, represented in Senate and Assembly, d enact as follows: lands devised by William Caldwell’of the city of by reason of the alienage — ■ • • ’ f f f i S LAW S OF N E W X O K K r-B y A n tlio rlty . and to certain veal estate in the county of Ham ilton, State of New York, to Sheridan W. Cod- Passed May 19, 1887; by a two-thirds vote; vithoui the approval of the Governor.* The People of the State of New York:, represented .11 Senate and Assembly, do enact as follows; t e a = , .& IS?o A S ' amount due to the State for taxes upon said land, the redemption thereof, including tlie legal charges, fee; and percentages added to the that day, wltbintertst on that amount from said construed effect immediately. tion of the State of New York.] CHAP. 461. AN ACT to fix the time of payment of certain coromorcial paper. Passed May 23, 1887; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows; S ection 1. All bills of exchange and promissory notes made after the passage of this act, except those payable at sight or on demand, which shall be otherwise payable on any half holiday Satur day, shall be deemed to be and sliall be payable on the next succeeding secular or busines.s day. S 2. All bills of exchange, chocks aud promissory notes mane after the passage of this act, which by the terms thereof shall be payable on the first day of the weak commonly called Sunday, shall bo deemed to be aud shall be payable on the next succeeding secular or business day. § 8. This act shall take effect immediately. {STATE o r N ew Y oke , Office of the Secretary Of State, ss.: r have compared the preceding with the original law on file in this office, aid do hereby certify that the same is a correct transcript there from and of the w h o le of said orisinal law. G00£; SwxaUxy oS @tate. CHAP. 388. AN ACT conferring jurisdiction upon the Board of Claims to hear, audit and determine the claim of Joseph Wells. Passed May 10,1887, by a two-third vote; vsith- out the approval of the Governor.* W hereas , On April nineteenth, eighteen hundred ane seventy-one, one Joseph Wells, then of Dun kirk, New York, left in the office of the then Board of Canal Appraisers, his claim against the State of New York for damages alleged to have been sus tained by him arising or resulting from matters connected -with the Genesee Valley canal; and which claim is how on deposit -with the clerk of the Board of Claims as part of the records and papers of said late Board of Canal Appraisers, but was not transmitted to said clerk by said appraisers as a claim pending and undetermined before said Ap praisers on May thirty-first, eighteen himdred and eighty-tbree, as directed by section t-welve of chapter two hundred and five of the la-ws of eighteen hundred and eighty-three; and WHEREAS, There is no record sho-wing that said Canal Appraisers ever heard or determined said claim, or made any order or award therein, there- Tlie People of the State of New York, represented in Senate and Assembly, do enact as follows: S ection 1. Jurisdiction is hereby conferred upon the Board of Claims to hear, audit and determine have sustaineiTdamages, to a.^ as shall be just and equitable. § 2. This act shall take effect immediately. lot returned by the Govemoi r it was presented to him, an __ tout his signature. [Art IV, tion ofl the State of Ne-n^ York.l S t a t e of N e - w Y ork - . Office of the Secretary of State, ss.: I have compared the preceding with the original law on tile in this office, and (io hereby certifiy that the same is a correct transcript there from and Of the whole of said onginal law. FREDERICK COOK, Secretary of State. LAWS OF NEW YOK-K—3Sy Authority. [Every law, unless a different time shall be pre scribed therein, shail commence and take effect throughout the State, on and not before the twen tieth day alter the day of its final passage, as cer- tifietl by the Secretary of State. Sec. 12, title 4. Chap. 7, part 1, Ilevised Statutes.] CHAP. 311. AN ACT authorizing and empowering the Super intendent of Public Works to construct a lift or hoist-bridge over the Erie canal in the village of Fort Plain. Passed May 13, 1887; three-fifths being present. The People of the State of Neio York, represented in Senate and Assembly, do enact as follows: S ection 1. The Superintendent or Public Works is hereby authorized to construct or cause to be constructed and maintained, at the expense of the State, over the Erie canal, in the village of Port Plain, in the county of Montgomery, a lift or hoist-bridge at the foot of Main street, said bridge, if constructed, shall be operated at the expense of the town of Minden, un der the direction of the Superintendent of Public Works, provided, however, that the owners of land at the point -where said bridge shall be built, shall release to the state all claims for dam ages arising or gro-wing out of the building of said bridge. The sum of seven thousand five hundred dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the trea sury not otherwise appropriated, to be paid upon the waiTant of the Comptroller to the order of the Superintendent of Public Works for the purpose of constructing the aforesaid bridge. § 2. This act shall take effect immediately. LAWS OF NEW YOKK—By Autliorlty. CHAP. 399. AN ACT to amend section three thousand three hundred and eleven of the Code of Civil Pro- cedni'e. Passed May 19, 1887; 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 follows: S ection 1. Section three thousand three hundred and eleven of the Code of Civil Procedure is here by amended so as to read as follows: § 3:511. Except where othervrise agreed to where special provision is otherwise made bv statute, a stenographer is entitled, for a copy fuUy -written out from his stenographic notes of the testimony or any other proceeding taken in an action of a special proceeding in a court of record, or before a judge thereof, and furnished upon request to a party or his attorney, to the folio-wing fees for each folio: In a circuit court or court of oyer and tbeorigfnaikwSrfileffith^^^^^ certify that tbe same is a correct transcript there from and of the whole of said original law. FttEDEKlCK COOK, Secretary of State. L.4.WS <3>F N E W YOSCIS.—25y A u x iiorriy, [Every la-w, unless a different time shall be ore- scribed therein, sbail commence and take effect throughout the Slate, 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, title 4, chap. 7, part 1, Ilevised Statutes.] CHAP. 316. the G’roatmrer for the sum appropriateef by secSon one of chapter three hundred and thirty of the laws of eighteen hundred and eighty-six, for the pur- cliasa of said land, or for so much thereof as may be necessary to complete the purchase hereby au thorized, the same to be paid by said Treasurer to the treanurer of the eai 1 asylum. § 3. It sliall he the duty of the Governor of the State of New York, as vacancies mav occur, to appoint and contsinne in office three trustees of the said asylum, who shall be Seneca Indians. s 4. All acts and parts of acts Inconsistent with this act are hereby repealed. § 5. This act shall take effect immediately. S tate of N ew Y oe -K, Office of the Secretarv Of tiiate, SS.; i haYO compared the preceding with the original law on fl>e in this office, and do hereby certify that the same is a correct traiiFOript there from aud of the whole of said original law. F iiltn n-.R.inK co o k . Secretary of State. LAW S OF N E W YOKES—By AHxnom y * [Every law, unless a different time shall be pre scribed therein, shall commence, and take effect thi-( ughout the State, on aud not before the twen tieth clay atter the dt. Te of its final passage, as cer tified by the Secretary of State. Sec. 12, title 4. chap. 7, part 1, Revised Statutes.] CHAP. 452. AN ACT to f m?nd sections fourteen hundred and twenty-one, fourteen hundred and twenty-two, fourteen iqmured and twenty-three, fourteen hundred aud twenty-four, fourteen hundred and twenty-five, and fourteen hundred and twenty- seven of the Code of Ci\11 Procedure. Passed May 24,1887; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S ection 1. The following sections of the Code of Civil Procedure are hereby amended as follows: Section One thousand four hundred and twenty-one is amended so as to read as follows: § 1421. Where an action to recover a chattel or chattels hereafter levied upon by virtue of an exe cution, or several executions, or a warrant of at tachment, or several waiTants of attachments, or to recover damagies by reason of a levy or levies upon.detention, sale or sales of personal property hereafter made, by virtue of an execution or sev eral executions, or a warrant of attachment or several warrants of attachment, is brought against an officer or against a person who acted by his command or in his aid, if a bond or bonds or writ ten undertaking or undertakings indemnifying the officer against the levy or levies, or other act or acts, has been given in behalf of the judgment creditor or the several judgment creditors, or the plaintiff in the warrant or the plaintiffs in the sev eral warrants, either before or after the com mencement of the action, the persons or person or the several persons who gave it to them, or the survivors, if one or more are dead, may apply to the court for an order to substitute the applicant death, upon the application of his legal represent atives, grant an order substituting the indemnitors as defendants in the action in place of the officer or of tbe persohs so acting by his command or in § 2. Section fourteen hundred and twenty-two is amended so as to read as follows ; • 8 1422. Where the application is made by the offi cer, notice of the application must be given to the indemnitors or their attorney, and also to the at torney for the plaintiff. If the pleadings do not sufficiently show that the case is one where the order may be granted, the facts-withrespect there to must be shown by affidavit or other competent proof. Where the application is made by the in demnitors, or one of them, the motion papers must contain a -written consent to he made defendant in the action executed by each person who executed the instrument or instruments of indemnity, unless proof by affidavit is furnished that those who do not consent are dead. Each consent must be ac- utsuc/sc'cvruy incuiTed before the order is granted, or it may im pose such other terms for the security of either of the original parties as justice requires. §4. Section fourteen hundred and tw« amended! that the controversy in each action be limite’d to that part of the property in respect to which it is to be continued. Where such an order is made a similar application may be subsequently made in the action which proceeds against the original de fendant. § 5. Section fourteen hundred and twenty-five is amended so as to read as follows: 8 1425. If the officer or person acting by his com mand, or in bis aid, is joined as a defendant, with all of the indemnitors, he may apply for an order those who are not'jbihed -with him as defendants in his place. In either case the application is made in the same manner and is subject to the same pro-risions as if made as prescribed in section four teen hundred and twenty-one of this act. 8 6. Section fourteen hundred and twenty-seven is amended so as to read as follows: § 1427. Where an action is brought in a case •where one or more persons are entitled to make an application for an order of substitution, or where one or more persons are lla|le to be substituted as defendants, as prescribed in sectffia one thousand four hundred apd twenty-one of this act, the offi cer tO whom the instrument or instruments of in demnity was given cannot maintain an action thereupon against a person entitled to make, but who has not made, such an application, or who is liable to be but has not been substituted as a de fendant, unless notice of tUe commencement of the action against the officer, or the person acting by his command or in his aid, is given before tbe trial thereof, or at least ten days before judgment by default is takeh therein either to attorney or sev- ii-al attorneys whose name is or several names O^Sti I S r S S f i S s e S ' S l chap. 7, part 1, Revised Statutes.] CHAP. 380. AN ACT to provide for the completion, heating, lighting and furnishing of the additional build ings for the accomodation* of the insane upon the gi’ounds of the Hudson River State Hospital now in process of construction. Passed May 19, 1887; three-fifths being present; •without the approval of the Governor.t The People of the State of New York, repre sented in Senate amd Assembly, do enact as follows: ehund jsor steam neaumg appai-auus auu uxtuiea auu. nou water boilers in and for the additional buildings for the accommodation for the insane, authorized by chapter three hundred and eighteen of the laws of eighteen hundred and eighty-six;, for plumbing and water and fire service, in and for the same; for sewer construction and drain age; for electric lighting for aforesaid new buildings and for present structures; for boiler house, chimney and coal sheds; for steam boilers and connections; for furniture and furnishing of •wards, dining-rooms, kitchens and other portions of aforesaid new buildings, and for such other pur poses as may be necessary to prepare them for- the use of patients. The managers of the Hudson River State Hospital shall have power with the approval of the Governor, Comptroller and Secre tary of State to receive by gift or contract for the purchase of additional land for the Hudson River State Hospital, subject, however, to the approval of the next Legislature. § 2. The moneys herein appropriated shall be ex pended by the board of managers of the Hudson River State Hospital for the Insane, upon plans and specifleationssto be approved by tbe Comptrol ler, and upon contracts to be approved by him, with proper sureties. *So in the original. +Not returned by the Governor -within ten days after it was presented to him, aud became a law without his signature. [Art, IV, Sec. 9, Constitu tion of the State of New York.] S tate of N ew Y ork , Office of the Secretary of state, S 3 .: T 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 tbe whole of said original law. FREDERICK COOK. Secretary of State. LAWS'By Anthorlty. [Every law, unless a different time shall he pre scribed therein, shall commence and take effect throughout The Srate, on and not before the twen tieth day after the day of its final passage, as cer tified by tbe Secretary of State. Sec. 12, title 4 , chap. 7, Part 1. Revised StatutesJ CHAP. 486. h issed May 18, 1887; three-fifths being present; without the approval of the Governor.* The People of the State of New York, represented in Senate a n a Ojssembtz/, do e n a c t a s follow s : S ection 1. Seetion three of chapter eight-five of tbe laws of eighteen Imndred and eighty, entitled “ An act supplemental to chapter forty of the laws of eighteen hundred and forty-eight, entitled ‘ An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes,’ and the amendments made thereto,’ ’ is hereby amended so as to read as follows: § 3 It shall and may be lawful for any corpora tion heretofore incorporated or hereafter to be in corporated, for mining purposes, under the act mentioned in the first section of this act, to conduct the business for which the Tormation of corpora tions iS aUtllOlIZed by said first section; provided the intention so to do shall^be or^as the ease^ nm-y certificate of incorporation. § 2. This act shall take effect immediately. . S tate of N ew Y ork , Office of the socremry the originS'law on file in this office, and do hereby certifiy that the same is a coriect transcript there from and of the whole of said original law. FREDERICK COOK, Secretary of State. LAWS OF NEW YOBE:--:By A ntliorlty. P assed May 19,1887; three-fifths being present; vithout the approval of the Governor.* The People of the State of New York, represented n Senate a nd Assembly, do enact as follows: *Not returned by the Governor -within ten days after it was presented to lihn« aud became a law without ills signature. [Art. IV, Sec. 9, Constitu tion of the State of New York.] laws of n ew y o b k —B y A n tnoF ity, f grounds. Passed May 18,1887; three-fifths being present. The People of the Stale of New York, representec in Senate and Assembly, da enact as follows: ill be establ La-wrence cot .etchworth a: nder chaptei __ ____ . _ ___ , ___ of eighteen ______ eighty-six, to locate an asylum in northern New York, an institution to be designated as the St. Lawrence State Asylum for the Insane, which shall be under tbe control of ten mana gers, to be appointed by the Governor, By and -with the ad-vice and consent of the Senate, and the Governor shall designate at the time of such appointment, their respective terms of office with reference to the following classification, to -wit: Two of said managers shall serve for two years, two for three years, two for four years, two for five years and two for six years from the tune of their appointment, and they shall hold their offices until others are appointed in their stead, and shall be subject to be removed at any time by the Senate upon the recomendation* of the Governor. Their successoi-s shall he ap pointed by the Governor, -with the ad-yloe and con sent of the Senate, and shall hold their offices for six years and until others are appointed in their _ _____ _______ and see that its design be canled into effect and everything done faith fully, according to the requirements of the Legis lature and the by-laws, rules and regulations of the asylum. They shall have the power, on the nomi nation of the superintendent of the said asylum, to ----- „ special pathologist to said asylum, whoso __ maintenance of int ___ ^ ____________ „ _____ use of the said St. Lawrence State Asylum for the Insane. Said managers are hereby directed and empowered to establish such by-laws as they may deem necessary and expedient for regulating the appoiutment and duties of officers, attendants and assistants, for fixing the conditions of admission, support and discharge of patients, and for conduct ing in a proper manner the business of the institu tion; also, to ordain and enforce a suitable system of rules and regulations for the internal govern ment, discipline and management of the institu tion. They shall keep in a bound book, to be pro vided for that purpose, a fair and full record of their doings, which shall be open at all times to the inspection of the Governor ot the State and of all persons whom he or either house of the Legisla ture may appoint to examine the same. They shall the manner prescribed In the by-laws. In a book kept by the mangers for this purpose the visiting manager or managers shall note the date of each visit, the condition of the house and patients, with remarks of commendation or censure, and aU the managers present shall sign the same. The gen eral results of the inspection, -with suitable hints. Shall be inserted in the annual report, detailing the past year’s operations and actual state of the asylum, which the managers shall make to the Legislature in the month of January in each year, accompanied with the annual reports of the super- sk p S r m te n d e S S consto^°f xe-slde hi thd asy: him or on the premises, and shaE he designated the resident officers. ...................... the books of the asylum. He shall also have power to suspend until the next meeting of the managers, for good and sufficient cause, a resident officer; but in sucb case he shall forth- •with give written notice of the fact, -with its causes and circumstances, to one of the managers, whose duty thereupon shaU be to call a special meeting of the board, to pro-vide for the exigency. He ShaU also from time to time give such orders and instructions as he may judge best calculated to insure good conduct, fidelity and economy in every department of labor and expense; and he is au thorized and enjoined to maintain salutary disci- \ ’ employed by the institu- t compliance -with such )bedience to all the rules -ylum. He shall further soqnts and records of all his doings and of the entire besiness and operations of the institution, to be kept regularly from day to day, in books pro-vided for that purpose, in the manner and to the extent prescribed in the by laws; and he shall see that all such accounts and records are fully made up to the last day of No vember in each year, and that the principal facts and results, with his report thereon, be presentee\ . . 1 -------------- ---- asylum, and to exhibit to him or them, on demand, aU the books, .papers, accounts and writings be longing to the institution, or pertaining to its busi ness, management, discipline or government, also to furnish copies, abstracts and reports whenever • required by the managers. § 6. The treasurer shall have the custody of all id other securities nparrand verify toe same as aforesaid, and re port the results, duly certified, to the managers, who Shall cause toe same to he recorded in one of the books of the asylum. He shaU further render an account of toe state of his books, and of the ftmds and other property in his custody, whenever required to do so by the managers. § 7. The treasurer of-the St. Lawrence State Asy lum for the Insane shall be vested with the same powers, rights and authority which are now by law given either to superintendents of the poor or to ovei-seers of the poor in any county or town of the State, so far as may be necessary for the indemnity and benefit of the asylum, and for the purpose of compelling a relative or committee to defray the expenses of a lunatic’s support in the asylum, and reimburse actual disbursements for his neces sary clothing and traveling expenses, according tr the by-laws of .the institution; also for the pur- not abate by his death or removal, against the in dividual town, city or county legally liable for\’\ faction thereof, so that the same maybe discharged of record. § 9. The steward, under the direction of the .su perintendent, shall make all fw to© asy- Irai, and preserve toe original bills and receipts thereof, and keep full and accurate accounts of the same, and copies ofaff orders dra-wnby himself upon the -treasnrer; he shall also, under like direc tions, make contracts in the supenntendent’s name, •with the attendants'and assistants, and keep and settle their accounts; he shall also keep the ac counts for the support of patients and expenses in curred in their behalf, and furnish the treasurer articles provided for the asylum. 810. The superintendent shall make, in a book kept for the purpose, at the time of reception, a minute,with date of tbe name, residence, office and occupation of the person, by whom and by whose ^ _________ ith copied into the same. § 11. No patient shall be admitted into the asy lum for a shorter period than six months, except in special cases, as specified in the by-la-ws. 812. Whenever there are vacancies in the asy lum, the managers may authorize the superintend ent to admit, under special agreements, such De cent cases%is may seek admission imder pesuliarly afflictive circumstances or ..which, in his opinion, promise speedy recovery. 813. All purchases for the use of the asylum shall be made for cash and not on credit or time; every voucher shah be taken, duly filled up at the time it is taken; with every abstract of vouchers for money paid shall be proof on oath that the vouch er was filled up and the money paid therefor at the time the voucher was taken; and the managers shall make all needful rules and regulations to en- foi-ce the provisions of this section. § 14. The prices to be paid for keeping the poor or any person in indigent cu-cumstances, in the asylum shaU be annually fixed by the managers, and shall not exceed toe actual cost of support and attendance, exclusive of officers’ salaries. The managers may, at their discretion, require pay- theTrdtr^ofanreomto^^^ the coimty from -which he was sent to the asylum. The treasurer of said county is authorized and directed to pay. to the treasm-er of the asylum the hiUs for such clothing and maintenance as they shall become due and payable according to the by-laws of the asylum, upon the order of the ste-ward; and the supervisors of said county sliall annually levy and raise the amount of such bills and- such further sum as - vv HI probably coyer all similar bills for one year in advance. Said county, howeyer, shaU .have the right to 01X10you xioiu i(iAo o s ii u in lu Lue p o u r iiuuse Ui Liie county -whence he came, the superintendent of the poor Of said county shall audit and pay toe actual and reasonable expenses of such removal as part of the contingent expenses of said poor house. But, if any town or person be legally liable for the support of such patient, tbe amount of such ex penses may be recovered for the use of the county by such superintendent. If such superintendents of the poor neglect or refuse to pay such expenses on demand, the treasurer of the asylum may pay the same and charge the amount to the said coun ty; and the treasurer of the said county is author ized to pay toe same, with interest after thirty days; and the supervisors of the said county shall levy and raise toe amount as other county charges. § 18. Every town or county paying for the sup- piaces 819. The managers shall from time to time de termine the annual salary and allowances of the treasurer and resident officers, subject to the ap- -al of the Governor of the State, Secretary of may have been interposed to the panel of the trial jury, or to a juror who participated in the verdict, and the proceedings and decision thereon. appeal shall be heard; and three copies shaU also be furnished to the defendant’s.attorney and thi-ea to the district attorney and one to the Governor of the State, and the remainder distributed according to the rules of the Court of Ap peals. The expense of preparing and printing the minutes and judgment-roll shaU be a coinity charge, payable out of the court fund upon the certificate of the coimty clerk, approved by the county judge of the county in which toe conviotloa was had. Section five hundred and three is hereby amend- ------ iasfoUows: vneueiai, ur ui uuo uislucl aiLumey ui tue county where the conviction was had, must make an or der, directed to the sheriff, commanding him to bring the con-vict before the Court of Appeals, or a general tem-'of the supreme court in the dopSrt- ment, or a term of a court of oyer and terminer in the county where the conviction wa.s had. If the defendant be at large a warrant may be issued by the Court of Appeals or a judge thereof, or hy the supreme court or a justice thereof, directing any sheriff or other officer to bring the defendant be fore the Court of Appeals, or the supreme court, at a general term thereof, or before a term of the court of oyer and terminer in that county. Section five hundred and seventeen is amended so as to read as follows: § 517, An appeal to the supreme court may be taken by the defendant from the judgment on a conilction after indictment, except that when the judgment is of death the appeal must be taken direct to the Court of Appeals, and, upon the ap peal, any aotimi decision of the court in an inter mediate order or proceeding forming a part of the judgment-roll, as prescribed by section four hun dred and eighty-five, may be reviewed. Section five Imndred and twenty-seven is amend ed so as to read as follows: \ An appeal to the supreme court from a nt of conviction, or other determination n the court below. hundred and twenty-eight is amend- idas follows; § 528. An appeal to the Court of Appeals, from a judgment of too supreme court, affirming a judg ment of conviction, stays the execution of the judgment appealed from, upon filing, -with the no tice of appeal, a certificate of a judge of the Court of Appeals or of the supreme court, that in bis opinion there is reasonable doubt whether the judgment should stand, but not. otherwise. VYhen the judgment is of death, an appeal to the Court of Appqals stays the execution of course until the determination of the appeal. When the judgment is of death, the Court of Appeals may order a new trial, if it be satisfied that the verdict was against the weight of e-videuce or against law, or that jus tice requires a new trial, whether any exception shall have been taken or not, in the court below. Section five hundred and thirty-eight is amended so as to read as foUows: § 638. When the appeal is called for argument the apneilant must furnish the coiii-t with copies of the notice of appeal and judgment-roll, except where the judgment is of death. If he fail so to do the appeal must be dismissed, unless the court other wise direct. g 2. The amendments herein contained shall not affect any appeal taken to and pending in the Su preme Court or Court of Appeals, at the time this shall become a law. § 3. This ajt shall take effect immediately. __________ — ----- -------IS as t—.. — _ ___ proper, provided such plans, dra-wlngs, specifica tions, contracts and the terms thereof, shall be approved hy the Governor, State Engineer and Comptroller, and further pro-vided that the man- >rs .shall not adopt any plan) for said buildii § 21. The managers and other officers shall have no inte.rest, direct or indirect, in the^furnishing of repair- priated out of any moneys not otherwise appropri ated, and the expenditures thereof shall he duly snd fully accounted for to toe Comptroller, with le-vouchers and fuU details of the items. 8 23. I t shall be the duty Of the managers to make .. detailed report of all the moneys received by them by virtue of this act, and the progress which shall have been made in the erection of said build- gislature In January of a detailed report of all tbe moneys received by them by virtue of this act, and the progress which shall have been made in the erection of said build ings, to the Legislature In January of each year, and, also, to the Comptroller, as often and in such manner as the Comptroller shall or may, from time to time, require. § 24. For the purpose of purchasing a site for such St. Lawrence State Asylum, comprising about nine hundred 'and forty-eight and nine-hundredths acres of land, situated at Point Airy, in the to-yviis of OsWegatchie and Lisbon, the sum of eighty-eight thousand four hundred and fifty-eight dol lars is hereby appropriated out of any moneys in the treasury not otherwise appropriated, and the treasurer shall pay the same, on the warrant of the Comptroller, to the several gi-antoi-s, when the Attorney General shall certify and approve the deeds conveying the same to the State. 8 25. The said managers shaU have the power to purchase for and in the name of the State of New York the said lands recommended by said i etch- worth and Wise, commissioners as aforesaid for thepux’poses of said St. Lawrence Asylum, situ ated at Point Airy, in the towns of Oswegatchie and Lisbon, comprising about nine buudred and forty-eight and nine one-hundredths acres, at not exceeding toe prices reported by said commission ers Letch worth and Wise, and take conveyances thereof to the State of New York, subject to toe appproval of the Attorney General as to the title and f oi-m of conveyance, a ’ ' iveyance,andlnc£. _____________ agers shall be unable, within three months after their appointment, to agree with the owners Of the said lands or any part or portion thereof, for the purchase thereof, or to acquire good and perfect title thereto, they shall acquire titlc.in fee thereto in the manner and by the proceedings provided by law for acquiring title to lands for railroad use by railroad corporations, under the provisions of chap ter one hundred and forty of the acts of toe Legis lature of tbe State of New York, passed Aijril sec- pnd, eighteen hundred and fifty, entitled “'An act as to the the said n _____ ________ ___________________ of money specified in said order, the title to said lands shaU be vested in the State, in fee simple, and all pei-sons who shall have been made parties to the proceed ing shall be divested and barred of all right, estate and interest in such estate for ever. 8 26. This act shall take effect immediately. LAWS OF NEW YOKK—5=y Anmomy. • chap. 7, part 1, Revised Statutes.] CHAP. 493. AN ACT to amend certain sections of the Code of Criminal Procedure. Passed Jtrue 1,1887; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact asfoUows: S ection 1. Section four hundred and eighty-five if the Code of Ci-iminal Procedure is amended so s to read'as follows: 8 485. When judgment upon a con-viction is endered, the clerk must enter the same ipon the minutes, stating briefly the offense for which the conriotion has been had; and must, ■upon the service upon him of notice of appeal, im- niediately annex together and file the ioilovring papers, which constitute the jiidgment-roil: 1. A copy of the minutes of a challenge inter posed by the defendant to a grand juror, and the proceedings and decision thereon. Z, The Indictment and a copy of the minutes of toe plea or demurrer. 9, A 99Pr toe miatttB 9t » <to«Ueose whito LAW S O F N E W Y O B K - B y A u tH o rlty. (Every law, unless a different time shall be nre- Bcribed therein, shall commence and take effect throughout the State, 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, tme4, chan.‘7. part 1. Revised Statutes.] CHAP. 430. AN ACT to E eepfciou seive th ry prodiacts being SI [ a d topre- entary to aid ta laws of eighteen hundred and eighty-four, en-ti- tled ‘An act to prevent deception in toe sale of dairy products.’ ” Passed May 23,1887; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ■ S ection 1. Section sixteen of chapter one hun dred and eighty-three of the laws of eighteen hun dred and eighty-five, entitled “An act to prevent deception in the sale of dairy products, aud to pre serve the public health,’ ’ being supplementary to and in aid of chapter two hundred and two of the laws of eighteen hundred and eighty-four, entitled ‘An act to prevent deception in sales of daiiy products.’ ’ §i6. Whenanyofficer, authorized by this act to inspSet milk offered for sale shall, in tlie dischareo of Ms duties, take a sample of milkfor purposes of analysis, it shall be his duty to take duplicate samples thereof, in toe presence of at least one witness, and he shall, in the presence of such wit ness, seal both of the said samples, and sliall ten der and if accepted deliver, at the time of such taking, one sample to the vender of said milk or to the person ha-ving custody of the same -with a state ment, in -writing, of the cause of the sample ha-ving been taken. In all prosecutions, under this act, relating to the manufacture and sale of unclean, impure, unhealthy, adulterated or unwholesoma milk, if toe milk be shown to 'contain more than eighty-eight per centum of water or fluids, or less than twelve per centum of milk solids, which shr” wa.ste, or any substance in the state of fermenta tion or putrefaction, or upon any unhealthy food whatever, shall be declared unclean, unhealthy, impure and unwholesome milk. This section shall not prevent the feeding of ensilage. §2. This act shall take effect immediately- _ ______ rtpt there ., iginal law. 3eoretary of_§tete. L.\WS OF NEW YOBK—By AutliorKy. CHAP. 440. AN ACT to authorize and empower the State Board of Claims to hear, adait aud determine the claim of Clinton county, for moneys expended in the trial and execution of convict Heniy King for crime committed during his imprisonment in Clinton prison, and to make award therefor. Passed May 27, 1887; three-fifths being present; without the approval of the Governor.* » 4 moneys expended \by said county in t — --------- prosecution, conviction and execution of Heni^y Kiin^, a convict in Clinton prison, for tbe crime committed by him while confined in said prison, and tbe State Board of Claims is hereby autfiorized and required to hear and adjust said claim, inclnd\ log the expenses of executing- said conviction, and award the amount thereof or such sum as smd ' board shall consider equitable and just. § 2. This act shall take effect immediately. LA-WS OF N E W YOBK—By A u th o r ity . ihrouehout tbe Siate, on and not before the twen* tietb dayafter^tbe day off U s ^ ^ ^ e ° 4 chap.' 7,^part°l.^RerireY S tatu t^j CHAP. 412. AN ACTTto amend section one hundred‘and forty- two of the Code of Crimiaal Procedure. Passed May 19,1887; three-fifths being p r ^ n t . The People of the StQfe of New York, represented \i Senate and Assembly, do enact as follows: ' one-hundred 8 ‘
