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\ C mt Irotosslong formed.Arom newspa er rosdity or honrany, and to: reader an im- partial vordlat por: ovidones, uninfitienced by nuy wach opinions ow Impressions; nor any poreog who noweise« ench opinlons:ag would prevent his finding a. vordiab of gullty in any «case upom clreuimstantial ovidence; nor any pouch who avows sack a projudico ngainst any how of the state as would preclude his find Ang gallty of viointing such law} any porson who avows such a projudics against ony paibleulunt defensio to a oriminal mharge oe would provent his giving a fair and Ampanstinl trial pon the merlts of such defense, nox ny person whoivyowsthit he cannot in all casos give to iv dofenflunt who fails to toutl« fy ut maitnoss {w hls own. bohalf the full bene- flt of the provision that his'negleat 6# rofusul to so toublfy ns a witness in his ow gym“ doos not cvaato iny prosumption against Wik Soo. 9. The spoeciat jury commissioner may aidlco fnquirtss, aud conduct examinations tity the quallfloutions of spoofal Jurors any» whore within tho county. No- person shall be folnatod untll ho bis: beonporsonally examin- ec by tho spectal fury commissioner as to his quall{leabions, is to: his: fitness to serve as in @puclal furor, mud. ns: to the mattors roferred: to int the Inst preceding section. A subpoenn #iny be igsnod by and undor the hand of the sald special Jury commissioner requiring any person within the county to dttend before such commisglonor, at his offico .or olsowhere, at a anealfled timo, nob loss than two Anys after the service of the subpoonn, for tho purpost of testifylog concerning the quallfloations or Atresy: to Horve as a spéotal Juror of any por soit whose namo appoars upon the ordinary jury lists of the county, and the proprioty of hig seleotfon: as such epeciat: furor, Such sut poond must be gorvod by oxhiblting the orlg: &nal thereof to tho person numad thorein and to him a copy thoreof. A persou «a aubpoonned must nbtond and teatify accord mam It ho fall to attend, as specified, in the aubpoona, for any onuse excopt physical in abillty, orf ho refuses: to, be sworn or to an. awor any legal and pertinent question pub tt him: by the comnifeggioner, ha may bo punishad therefor by ny justice of the suprome court And all the provigions of title $wo of chaptor tine of the code of civil procédure aro made applicable to such n caso, excopt that no feo are» required. to be patd to any auch person ne or more subpoonay may be is sited to the: suld commissioner, ind may be gervod upon the same porkon, whore he failt. teattond: as required by an former aubpoona: aind all the provisions of title two of chapter mine of the: code of ofvil procedure aro like wise made: applionble: in crse of failuro to at Sead pursuant to such successive subpoonat, o'f bo be aworn or to answor any legal and pertl nemt question put to such: pereon. by the some i Beac 10. The spociat jury commissioner shall, fi the. regord made: by him as horeinbofore - provided, enter tho age of each special juror wo seleoted: his businoss or voontion, if any; how long ho has realded in tho stute and coun- #7; and, if such porson: be not a cltizon by birth, the date of his naturalization. Such recordshall bo opon to. inspection by either #ho district attormoy of the county or the <ounsol for the dofondant, whenover such por- mon: phult by drawn and summoned as a spa- wlat furore The special jury is ot required to koop any other record of his rnqnh'low axam{nabions or proceedings with royard to: the quallflcations, fitnoss or seloo> Mor: of special Jurors. o - Bac. 11. Whonsuch special jury commission« ex shall hnvo sclaoted the full numbor of spe- «lal jurors, as dirooted by said appellate divi- salon justices, ho shall prepare suitable ballots by writing the name of: each porson thus so« Teated, with his place of residence and place of business and other additions on n separate pleco of paper.. The ballots must be uniform w¥ncurly ag may bo in apportance, and the said coninilsstonor must depostb theny in a box kept for that purboso, . Bea. 18. Persong who are soleotod by the spo wlal commiésioner fo sat is spootal jurors shall be oxenipt from all other jury duty from and mftor the date of their seloction, and they whit romaiiv oxompt so. long. s¢ they continue €o. tba such special Jurors. No. special juror who has actually served ng such upon a triat shall be drawn pon: another trial during the angulig your, and. the ballot upon which hig pame In written, shall, upom his discharge from stich actual sorvios, from tha speaful {ury box. Upon the expiration of one year theronftor such ballot may again be depoulted in the spoolal jury box.. Upon the domyloflon of his Mats of special jurors, the special commissionor shall file with the- com- amisgloner of {furork of the county a certified copy of unid liat of spooial jurors. . Bao. 18. Whon an: indictment has bean found ti?“ grand jury in uny county embraced by Ahiw aot, and fin {ssuaof fact has arisen thore pon upon a plow of: not guilty, the people or the defondant may apply for a spoolal jury to Bry such issu. Such application must be made #o: the appolinto division of tho supreme court thw the Judiglat dopartment within the bound- awrles of which tho country Is ombraced. It be no made upon the indictmont, the plea *horeto and affidavit, and five days\ notice of motion, Whoro, upon such application, 1t ap- pears that a fatrand finpartlal trial of such is- sue omrinot bo had: without a special fury, or that the importarico or intricacy of the caso requiro® such fury, or that the subject matter of tho indictment has been: so. widely dissemt- nated or commented upon by the pross or oth- erwiso as. to induco the bello? that an ordinary Jury can not, without delay and difficulty, be obtained to try such issuo, on that for uny thor reason. tho dug, efficient and impartial adminiatration of justice in the partionlar wmeo requires\ that the. trial of such issue be had by special jury, the. said appellate divi- alon. 6f the supremo court niny make an order «ltrsoting that- such trial be had by a special Jury, and such briat shall be had accordingly. Tha order must spocify the: time when the drawingof the special jury shall take place, and tha niimber of special Jurors to be then drawn. Also tho term of the court and the particular day fit the. term when the special Aurore go. drawn must attend. _ Heo, 14, Ab the time specified in the ordor, a Justice of tho: supreme court, the clerk of the gonnty, or his deputy, and: the shoriff of the county;, or his undorgheriff, must attond at the aBfos of the speglal commissioner of jurors to witnoss and In the drawing of such spat alal: Jurors. Hoo. 18 The follows : (1.) The county clork, or his deputy,; must «haka the box conmtrining the bullots so ms to thoroughly mix them. drnwing must be conducted. mi (2) He must thon, without seeing the name «ontainod in any ballot, publicly draw out of the box. one ballot, and continue to draw in lke manner, one bullot at atime, until the re- qulaito number has beon drawn. (&) A tinute of the drawing must bo kopt by the spoctat Jury commilssioner, which must be entitled In Hike inanner as the order of the appellato division. In this minute must hbo on- terod the namo contaited in euch ballot drawit, before anothor ballot is drawn, and it aust spooify the term, of the court ind thy - parbloulat doy In the term: when the special Juroes so drawn must attend. The minute oust bo signed by the justice of the supromd court thon prosont, by the special Jury com- misslonor, by the county clork, or his deputy, and: by tho shertff or his undorshoriff, and minuto so slgned musts be filed in the office of the county clarlt of said comnty. (4) The batlob so drawn shall, upon the completion of such minute, be roturnad to tho {ury conmiesloner, who: shalt ree tain: the sume in his possession until tho conr moncoment.of tha trinl, when he thall rede« posit in sach special fury box ait such ballots, exgopt thogo which nume the particular jurors who wre uctually sorving upon the trial. Tins provision also Apples to the ballots of addi« Atonid ftrors which may be drawn as horein- after provided. Boo. 10, The county clork of anid county anuab dolver to: the short a cortlfied copy of tho ininute. Tho sherllf most forthwith notify anch epeoint Juror named. thoretn to attend. the trial court, form: or part for which ho was drawn at the opontng of such triat court,*torra or part upon. the day spectfled in the minute. 'The shoriff shall so notlfy ouch spoeial Juror by sorving upon hlm i noflce nddressed to htm, stating that ho drag: hoon driven as auch juror for the trial of tho dofendint stamed in- the minute and that he 1s requiros fo attend the trial court, termt or part namec Ann the: notlog at the oporing of such cours, torm or part upon the day specificd tn each wmottege. Tho notloo must, if practicable, be [ served personally : otherwise 16 muat bo served Jury, the trial court may, from time to time, 'shall othorwise be conducted in the same man- ' drawn, the time stated in the order directing . jury commissioner, and when so signed filed in Med copy of such minute. The shoriff must ~dred and ninety-five, entitled \An act for the by leavinglt at tho special jurer's residence and also nt his neual pizce of business with s person of proper nge and. disoretion nt eack place. In thins ense the person serving suck notice shall ascertain the time of each persou with whom the notice is so left, and the rein tlon of such person to, or his or her connee | tim with, the special Juror, And he shal specify such facts in a special affidavit of the «service of such notice. Before the day speci #ed in such notice for the attendance of the special jurors, the sheriff must file with the alork of the said trial court, part or term the certified copy of the minute with a return un dor his hand annexed thereto, naming eack special juror notified and specifying the man: npr in which he was notified, and the time and place of the service of such notice. An afildu. vit of the person by whom each service shal have been personally made, stating the man ner, timo and place of such sorvice, shall ac company such return. Where such servic shall not have been personally made, the spe qinl affidavits of service above provided fo: shall accompany suchreturn. . Seo. 17. From the persons so notified and at tending, and, in ease such first parel of spe clal jurors shall be exhausted without com: pleting the jury, from the additional special jurors to: be drawn as hereinafter provided, : jury must be formed for the trial. But the trinl court may, fw its discretion, for good cause, or if satished. that the ends of justice will be promoted thereby, set aside a jute}- at nny time before evidence is given in the action. Sec. 18, The parties shall have the same number of peremptory challonges and the same challenges for onuse to bo tried in the sams manner as upon a trial with an. ordinary jury. Boo. 190. Tho rulings of the trial court in ad- mitting or exoluding. evidence upon the trial of any challenge for actual bias shall not be the subject of exceptions. Such rulings, and the allowance or disallowance of the challenge shall bo final. Sed, 20, If the panel of special jurors thu: drawn shall be exhausted before the jury is completo, or if prior thereto the trial court shall bo of the opinion that additional special Jurors will probably be needed to complete the direct such additional special jurors to be drawn for the trial from the special jury box as may be deemed expedient. 'The order must specify the number to be drawn, the time of the drawing and the time when the additional Jurors shall be required and notified to attend. Tho additional drawing must be made by the county clerk or his deputy in open court, in presence of the judgeror justice presiding at the trial, and of the special jury commission: er, who. shall there. produce the special jury box for the purpose of such additional draw- ing. Noither the sheriff nor his undershorifl need attond upon the drawing of such addi tional jurors. Such drawirig or drawing: nor as the original drawing. A minute there: of shall, in Hke manner, be kept by the special « jury commissionér, which minute shall be en- titled in the action, and shall specify, in addi tion to the names contained.in each ballot such additional drawing, when such addition: al jurors are required to attend such trial court. This minute shall be signed by the judge or justice prosiding at the trial, by the county clerk or his, deputy and by the special the office of the county clerk of said county. Boc. 21, The county clerk of said county must forthwith deliver to the sheriff a corti forthwith notify cach additional special juror nomed in the minute to attend the court for which he was thus drawn at the time specified in such minute. 'The sheriff shall so notify each additional special juror by notice of the same tenor, and to be served in the same man- ner provided for upon the original drawing of spocinl jurors. Said. sheriff must, before the hour specified in the minute for the attendance of such additional special jurors, file with the clork of said trial court the certified copy of the minute with a return under his hand an- nexed thereto, and affidavits accompanying such Foturn of the same tenor as the return and affidavits required in the case of the orig- inal drawing. Seo. 22. Upon tho formation of tho special jury as hereinbefore provided, the issue must ba tried as prescribed in the code of criminal procedura with respect to a jury trial ina erim inal action with an ordinary jury. See, 2 This act shall take effect immediate: ly. But no application shall be made for s special Jury under section thirteen of this act until the special jury commissioner of the county in which such trial is to be had shal have made his first selection of the full num- ber of special jnrors which ho has been direct ed to make, and which shall not be less than three And no drawing shall be had in any particu lm ' cusa under this act unless at the time when the order dlirecting the trial thereof by a special jury is made, thero shall be at loast three thousand names of duly se- lected. Jurors in the special jury box, Stare or NEw York ge. : Office of the Socretary of étnte, f ** I have.compared the preceding with the orig- inallaw on file in this office, and do hereby cer- tify that the same is a correct transcript thore from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall ba prescribed therein, shall nob take effect until the: twentioth day after it shall have become a law. Section 48, article II, chapter 8, General Laws.] ~ CHAPTER $80. AN ACT to amend chapter five hundred and seventy of tho laws of eighteen hundred and ninety-five, entitled \An act for the incor- poration of associations for the improvement of the breed of horses, and to regulate the same, and to. establish a state racing com- mission.\ 1 Became a law April 23, 1896, with the ap proval of the Governor. Passed, three-fifth: being present. The People of the State of New York, repre. gutted in Senate and Assembly, do. enact as fol. ows: Section 1. Section. five of chapter five hun dred and seventy of the laws of eighteen hun incorporation of associations for the improve: mont of the breed. of horses, and to regulate the same, and to establish a state racing com- mission,\ is heroby smended so as to read ar follows: ‘ Sec. 'b. Thero shall hereafter bo a. state rac ing commission. Within ten days after this act takes effect the governor shall appoint j three persons to be members of such commis-? sion, who shall hold office for the term of five years, no two of whom shall be members of the sume racing association. They shall rem calve no compensation for their services but\ shall be paid their necessary traveling and other expenses. Such commission shall ap point a secretary, who shall serve during their pleasure, whose duty it shall be to keep a full and faithful record of the proceedings of suck commission, preserve at the general office of such commission all books, maps, document: and papors entrusted to his care, propare for gorvice such papors und notices as may be re quired of him by the commission, and porform such other dubles us the commission may pro saribe. He shall have the power, under the direction of the. commission, to issue sub poenss for witnesses and to administer oaths in all enges pertaining to the duties of his office. The fotal annual expenses of the state racing: commission, including the salary of the sceratary, shall not exceed the sum of five thousand dollars. Such expenses shall bo pric by the several racing or steeplechuso corpor tiong or nssocintions, owning or operating much race tracks, to be apportioned by the comptroller, who shall; on or before the Aral dny of December in conch year, nasess upor «uch of such corporations or associations it: just proportion of such expenses, and such as sessment shall be collected in the manner pro vided by law for the collection of taxes upor corporations, Such commission shall annuat ly make a full repork to the legislature of it proceedings for the year ending with the first day of the proceding December, und such sug gostiongnnd recommendations as it shall desir destrablo, Boc, 2, Section cight of said act is hereby amended so . to road as follows: Sec. 8. Any trotting nasociation, incorporat ed undor the Inws of the state of New York and any stato, county or other fair associatior ' to the comptroller, or whenever in the judg- for such tax, together with the expenses of , gecept any compensation from any person for 'or aiding or abetting the violation thereof, state board of charities and for the incidental shall besentitled to tho privileges conferred by 4 meAy, , gpetion three of this set pon filing in the sitices wherein its certificates of incorporation ire filed. a certificate which shall seb forth its intention to avail itself of such privileges; and any such trotthig association, or state, county or other fniv essociation shall not be required to obtain any license or file any oth- er cortiltcnte. State, county and other fair associations erfitled to conduct trotting races under theprovisions of this sct may also conduct running races in connection there with, under the some provisions, and the pro- visions of this act requiring a race track to be of specified dimensions shall not apply to such association; but no running races shall be con- ducted for more than five days on any track or grounds, unless the license of the state rac- ing commission therefor is first obtained. Sec. 8. Sections twelve and fourteen of said act are horeby amended so as to read as fol pws: =~ Sec. 12, A tax of five per centum upon the gross receipts of every corporation exercising the privileges conferred by section three of this act, shall be annually paid by such cor- poration or association to the comptroller of the state of New York, within fifteen days aft- er the first day of Deceniber in each year to be mppropriated and distributed as provided hy chapter cight hundred and twenty of the laws of cighteon hundred and ninety-five and the acts amendatory thereof, but nothing herein contained shall require such tax to be paid by any state, county or other fair association or- ganized and in active operation as such prior to the passage of chapter five hundred and seventy of the Inws of eighteen bundred and ninety-five, or which is entitled to share in the distribution of moneys for agricultural purposes as provided by chapter eight hun- dred and twonty of the laws of eighteen hun: dred and ninety-five or acts amendatory thereof. Sec. 14. Whenever any such corporation or association shall neglect or refuse to make such support at the time prescribed in this act, or whenever the report is unsatisfactory ment of the comptroller, the interests of the state would be promoted thereby the comp: roller is authorized to examine or cause to be exrmined its books and records, and to fix and determine the amount of tax due in pur- suance of the provisions of this act, either from such books and records, or from any other data in his possession which shall be satisfactory to him, and to settle and account such examination against such association. In case of the nonpayment of 'the amount of tax so ascertained to be due, together with the expenses of such examination, for a period of thirty days after notice to any such corporation or association so in default, it shall be liable in addition thereto to pay to the state for each such omission or failure, a sum not legs 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 having competent juris- diction, by the attorney-general:at the in- stance of the comptroller. The comptroller is also authorized and required to report any failure of any such corporation er association to make such report and to pay its tax to the governor,'who, if he shall be satisfied that such failure was intentional, shall thereupon direct the atforney-general to take proceed- ings in the name of the people of the state to declare the charter of such corporation or as- sociation to be forfeited and its charter priv- Heges at an end, and for such intentional fail ure the charter privileges, corporate rights and franchises of every such corporation or association shall cease, end and be détermined. Sec. 4. Section eighteen of said nct is hereby amended. so as to read as follows: Sec. 18. No corporation or, association con- ducting a running or trotting race meating fir pursuance of this act shall, under any guise or pretense, directly or indirectly, exact or the privilege of making and recording bets or wagers on the result of a race on the track of such corporation or association, or,,directly or indirectly, share or participate in/any such bet or wager. Any officer or agent of a cor- poration or association violating this section, shall be guilty of a misdemeanor. But the charging of increased or additional entrance fees for admission to any special portion or portions of the grounds of such corporation or assuciation,: unless pool-selling, book-mak- ing, or otlier acts punishable by fine or im- prisonment be thereon authorized or know- ingly permitted, shall not be deemed the ex- action orAcceptance of compensation as afore- said, nor 'as the sharing or participation in ny bet or wager. X Bec. 5. This net shall take effect immediately.. State or New York, . Office of the Secretary of State, £55” ‘ I have compared the preceding with the orig- inal law on file in this office, and do hereby cer- tify that the rame is a correct transcript there- from and of the whole of said original law. $ JOHN PALMER, Secretury of State. LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law,. Section 4}, article H, chapter 8, General Laws.] CHAPTER #81. AN ACT making an appropriation for the Eastern 'New York Reformatory for the erection of buildings, purchase of material and incidental expenses of the commission- ers. Became a law April 28, 1896, with the ap- proval of the Governor. Passed, three-fifths being present. ' The Peoples of the State of New Fork, repre- sented in Senate and Assembly, do enact as fol: lows: Section 1. The sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary, puynble by the treasurer on the warrant of the comptroller out of any honey not otherwise appropriated, on the order of the building commissioners, is hereby appro- priated for the Enstern New York reformn- tory for the purchuse of materisl and the erection of buildings, in accordance with the plans of said reformatory approved by the # expenses of . the commissioners, pay of archi tect, inspectors and clerk. Sec. 2. This net shall take effect finmediately, Brark or NEw York, . Office of the Secretary of State, s as.: Thave compared the preceding with the onig- inal law on file in this office, and do hereby cer- tify that the saine is a correct transeript there- from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Anthority. [Every Inw, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 43, article II, chapter 8, General Laws.] L CHAPTER 383. AN ACT to amend chapter nine hundred and seventy-four of the laws of cightcen bun- dred and ninety-five, entitled \An act for the protection, preservation and propagn- tion of birds, fish and wild animais in the state of New York, and the different counties thereof,\ Becume a law April 2, 1800, with the ap- proval of the Governor. Passed, a majority being present. 3 The People of the State of Ne York, repre- 415mm! in Senate and do enact as fol- ows: Section 1. Bection one hundred and cighty~ nine of article cight of chapter nine bundred and seventy-four of the Inws of eighteen hun- *dred and ninety-five is hereby amended to read as follows: Sec. 180; Oyster beds protected.-Sub. 1. No persion shall fish for, take or catch any oysters or hard clams between half an hour after sun- sot and linlf nn hour before sunriso, except in the waters of Kill von Kull and the Arthur Kill. No person shall in any wise interfero with, take, disturb or carry away the oysters of another lawfully planted or cultivated in any of theAvaters of the state, or remove any stakes or buoys or any boundary marks of any planted or cultivated beds. 'The *presence of any person on said beds with dredges or tongs averbourd shall be considered prima facie evi- dence of guilt. Whoever shall violate or at- tempt to violute the provisions of this subdi- vision shall be guilty of a misdemeanor nd in addition thereto shall be Hable to a penalty of one hundred dollars for cach violation thereof. 2. All sheriffs, deputy shoriffs and con & -shall direct the manner of the sale thereof < where such child is or is about to be employed JULY 3 stables, shall, and any other person may, seize any boat or vessel used by any person 01 persons in violation of subdivision one of thit section, together with the tackle, apparel and furniture of mail boat or vessel wherevel found, within one year after such violation, and shall forthwith give notice thereof to any jus tice of the pedée of the county where the seiz ure was made. 8. The justice of the pesce, to whom suck notice is given as provided in subdivision twg of this section, shall forthwith fix a time anc place for trial, and give at least six days' pre vious notice of the same to the person or per sons in possession of said boat or vessel at tht time of such seizure, and also to the.owne! thereof, if said persons entitled to such notict are known and are residents of the counts within which the seizure is made. If any 0} the persons entitled to such notice are un known or are nonresidents of the county whert the seizure is made, then the said justice of the peace shall order that a notice directed % such person or persons, if known, or if un known, then generally to whom it may con: cern, be published once a week, for two suc cessive weaks, in a newspaper published in tht said county, which notice shall contain, at near as may be, a description of the boat, ves: sel or property seized, a concise statement ot the grounds of seizure thereof and the time and place fixed by the said justice of the perce for trial, which time shall not be less than sir days from the day 6f the last publication of' such notice. * 4. At the time and place fixed by the.said justice of the peace for trial, or at such time and place to which the said justice of the peace may adjourn the same, he shall determine by the evidence taken by hin whether such boat, vessel or property wat used in interfering with, taking, disturbing or carrying away oysters or other shell fish in violation of any provisions of this section, and if said justice of the peace shall determine that said boat, vessel or property was so used, he shall order the same to be sold together with the furniture, tackle and apparel, and The avails from such sale, after deducting all the charges and expenses of such seizure, trial and sale, which said justiee of the peace ma; allow, shall be paid to the commissioners o fisheries, game and forest. .5. Any person who shall prevent or obstruct any other person from entering and seizing any boat or vessel liable to seizure under the provisions of this section, shall be guilty of s misdemeanor and shall be punished by a fine not exceeding one hundred dollars, or by im: prisonment for not more than one year or both. Sec.. 2. This act shall take effect immediately. Srate or New York . Office of the Secretary of State, § sgt % I have compared the preceding with the orig: inal law on file in this office, and do hereby cer tify that the same is a correot transcript there from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become law. Section 48, article II, chapter 8, General Laws.] CHAPTER 384. AN ACT to regulate the employment of wom- en and children in mercantile establishment: and to provide that the same shall be en forced. ' Became a law April 2, 1896, with the ap proval of 'the Govegnor. Passed, a majority being present. : R The People of the State of New York, repre aimed in Senate and Assembly, do enact as fol: wa: Section 1. No male under sixteen years of age, and no female under twenty one years of age, employed in any mercantile establishment of this state, shall be required, permitted of suffered to work therein more than sixty hours in any one week; nor more than ten hours in any one day, unless for the purpose of making a shorter work day on any one .day of the week; and in no case shall any male under sixteen years of age, nor any female under twenty-one years of age, work in any mercan: tile establishment after ten o'clock in the even: ing or before seven o'clock in the morning of any day. 'The foregoing provision of this see tion shall not be so construed as to apply to the employment of any person in any mercan: tile establishment on any Saturday of the year, except that the toffl number of hours of labor per week of. a male under sixteen or a female under twenty-one shall nob exceed sixty hours. None of the provisions of this section' shall ap- ply to the employment of any persons between the fifteenth day of December of any year sind the first day of January of the year next fol: lowing. ' Soc. 2. No child under fourteen years of age shall be employed in any mercantile estab lishment in this state.. It shall be the duty of every person employing children to keep s register in which shall be recorded the name, birthplace, age and place of residence of ev- ery person employed by him under the age of sixteen years: and it shall be unlawful for any proprietor, agent, foreman, or other person in or connected with a mercantile establishment, to hire or employ any child under the age of sixteen years to work therein without there is first provided and placed on file in the office thereof a certificate as hereinafter set forth, Which said register and certificate shall be produced for inspection on demand made by the board or department of health or health commissioner or commissioners of any city or town or incorporated village where such child is employed. The certificate to be provided at above set forth shall be a certificate from th« board or department of health or health com- missioner or Commissioners of the city or town where such, child resides or is employed, of is about to be employed, which said certificate shall state the date and place of birth of such child whenever possible, and 'shall describe at accurately as may be the color of hair, color of eyes, height and weight, and any distin- guishable facial marks of said child, and shall further state that the health commissioner or commissioners or the executive officer or offi cers of the board, or department of health, of any person or persons designated by him or them, as herciyafter provided, is satisfied that such (child is physically able to perform the work which it intends to do, and that the date of birth of said child as set forth in said cer tificate is correct. Wherever the date of birtk of such child cannot be ascertained by said board or department of health, health com: missioner or cominissioners such certificate sc provided shall so set forth and shall state that the health commissioner or commission ers or executive officer or officers of the board or department 'of health, or the person or ' persons designated by them as hercinafter provided is satisfied . that suct child is fourteen years of age or upwards. I shall be the duty of the board or department of health or haulth commissioner and commis sioners of the cities and towns of the state tc issue the certilicates as above set forth to any child applying therefor; provided, however that such board or department of health, o1 health commissioner or commissioners, shal first ascertain the date and place of birth ol the child wherever possible, the color of hair, color of eyes, height and weight, and any dis tinguishing facial marks of said child, and the physical fitness of such child for the work which it intends to do. Such certificate shal. not be issued, however, unless there shall Ix placed on file with such board or department of health, or health commissioner or commis sioners, the affidavit of the parent or guardiar of such child, or person standing in parents; relation to it, stating the ago, date and plac of birth of said child, and unless such boare or department of health or health commis sioner or commissioners, or any person or per sons designated by them as hereinafter sel forth are satisfied that said child is fourteer years of age or upwards, and has regularly at tended upon instruction at a school in whick. ut least the common branches of reading, spelling, writing, arithmetic, English gram mar and geography are taught, or upor quivalent instruction by a competent teaches elsewhere than at a school fox\?! period equa. to one school year, that is to say, to as many days as the public school of the city or schoo district in which such child resides was in ses sion during the last preceding school year; of if said child be a nonresident, then to as many days of the public school of 'the city or towt was in session during the last preceding schoo year. The foregoing provisions of this sectior shall not, however, be so construed as to pre vent any child twelve years of age or upwards I who oan read snd write simple sentences in, the English language from being eniployed in any mercantile establishment in this state dur- ing the vacation of the public schools in the city or sahoo! district where such child liven, or if such child be a nonresident, then during the vacation of the public schools in the city or school district where said mercantile estab- lishment is situated, if all of the provisisma hereinbefore set forth, except that requiring school attendance shall have been complied with. Where such child of 'the age of twelve years or upwards has complied with all the provisions of this section except that requir ing school attendance, the certificate issued by 'the board or department of health, ot health commissioner or commissioners of the city or town in which such child resides shall so set forth, and shall be designated a \vaca tion certificate,\ and it shall be unlawful for any proprietor, agent, foreman, or other per ' son in or connected with a mercantile estab lishment, to hire or employ any child under the age of fourteen years,. to whom'such \va cation certificate\ only has been issued, at any time other than the time of 'the school vaca tion of the public school in the city or district where such\child resides, or if it be a nonresident, at any time other than the time of the school vacation of the public school in the city or school district where such mercan- tile establishment is situated, the certificate or certificates to be issued in accordance with the provisions of this section shall be over the sig- nature of the board or department of 'health or any executive officer or officers. thereof, or - of the health commissioner or commissioners of the city or town where such child resides or is employed, or about to be employed, or over the signature of any person or persons designated by such board or department, of health commissioner or commissionera® for that purpose, which designation shall be in writ- ing, and filed in the offce of the clerk of the county in which the office of said board or de- partment of health or health commissioner or commissioners is situated. T6.shall be the duty of the principal or the executive officer of any school, or of a teacher elsewhere than ata school, to furnish upon demand to any child who has attended upon instruction at such school, or,by such teacher, or to furnish to the board or department of health, or health com- missioner or commissioners 'of any city. or town m.certificate stating the school attend- ance by such child. Bec. 8. It shall be unlawful for any notary public or other officer authorized and em- powered by law to administer to any person an oath, to demand or receive a fee for faking or administering an oath, to a parent or guardian or a person in parental relation to any child as to the age of such child, where the affidavit thus taken is used or intended - to be used for the purpose of obtaining a certificate as pro- vided for in the foregoing section, from any board or department of health or health com- missioner or commissioners as therein set forth. Sec. 4. The words \mercantile establish- ment' wherever used in this act shall be con- strued to mean any place where goods,. wares, or merchandise are offered for sale. ° :, ‘ Bec. 5. A suitable and proper wash-room and water-closets shall be provided in each mer- cantile establishment in which women and children are employed, or in an adjacent to or connecting with the building in which such . mercantile establishment so having. women and children employed therein is situated, and so located and arranged as to be easily access- ible to the employes of such establishment, and such water-closets shall be properly screened and ventilated, and kept at all times in a clean condition, and the water-closets as- signed to the women and girls employed in such establishment shall be wholly separate 'and apart from those assigned to men. Wherever a lunch room is provided in any retail mercan- tile establishment where females are.employ- ed, such place shall not be next to or adjoin- ing any water-closot or water-closets, unléss permission is first obtained from tlie board or department of health, or health commissioner or commissioners of the city or town where such mercantile establishment is situated, which permission shall be granted by suich board or department of health, or health com- missioner unless such board or department of health or health commissioner or commission- ers.are satisfied that proper sanitary condi- tions do not exist, and such permission shall 'be revoked at any time when such board or department of health or health commissioner or commissioners are satisfied that such lunch- room or lunch place is kept in a manner or in a part or parts of the building injurious to the I. health of the persons using the same. Sec. 6. It shall be the duty of all employers 'of females in any mercantile establishment to provide and maintain chairs or stools or other suitable seats for the use of such female em- ployes to the number of one seat for every. three females employed, and to permit the use of such seats by such employes, at reason- able times, to such an extent as may be req- wisite for the preservation of their health: And such employes shall be permitted to tise same as above set forth in front of the coun- ter, table, desk or any fixture, when the female employe for the use of whom said seat shall be kept and maintained is principally engaged in front of said counter; table, desk or fix- ture; and\behind such counter, table, desk or. fAxture, when the female employs for the use of whom-said seat shall be kept and maintain- ed is principally engaged behind said ccunter, table, desk or fixtures. . > See. 7. No woman or children shall be em- ployed in the basement of any mercantile es- tablishment unless permission is obtained by the proprietor of the establishment from the board or department of health or health com- missioner or commissioners in the city or town in which said mercantile establishment is situated, allowing the employment of wom- en and children in such basement. . The board or department of health or health commission er or commisgioners. shall not grant such per- mission unless they are satisfied that such base- ment is sufficiently lighted and ventilated and is in all respects in the sanitary condition which is necessary for the health of those em- ployed. Sec. 8. Not less than forty-five minutes shall bo allowed for the noonday meal in any mer- cantile establishment in this state. Sec. 9. It shall be the duty of the board or department of health or health commissioner or commissioners of the cities and townsin:; the stite to cause this act to be enforced, and - whenever any of the provisions of this act are violated to cause all violators thereof to be prosecuted, and for that purpose, the health commissioner or commissioners and the officers or officer of the board of health-of every city or town in tho state, or the inspectors there- of, or any other persons designated by such board of health or health commissioners, are authorized and empowered to visit and inspect at all reasonable hours and -ss often as shall be: practicable and necessary all- mercantile es- tablishments in the city or town in which the office of said bunrd or department of health or health commissio® er or commissioners is situ- ated. It shall be unlawful for any person to interfere with or obstruct or injure by force or otherwise uny officer or employe of any board or depiirtinent of health of any health commissioner or commissioners appointed to enforce the provisions of this act, while in the performance of his or her duties, or to.refuse to properly answer questions asked by such officer or employes in reference to any of the provisions of this act. - See. 10. Proceedings under this act must be begun within thirty days after .the commis- sion of the alleged offense. Sec. 11. Any person who violates or omits to comply with any of the foregoing provisions of this act, or who suffers or permits any child to be employed in violation of its provisions, shall be guilty of a misdemeanor, and on con- viction shall be punished by a fine of not less than twenty dollars, nor more than one hun- dred dollars for a first offense, and not léss than forty dollars nor more than two hundred dollars, or by imprisonment of not more than' sixty days for a second offense, and for a third offense by a fine of not loss than two hundred dollars nor more than three hundred dollars, or by imprisonment of not more than ninety days, or by both such fine and imprisonment. If the board or department of health, or health commissioner or commissioners charged by the ninth section of this act with the duty of rausing this act to be enforced. shall discover. that any mercantile establishment has more than four women and children employed herein, go ss to require such provisions of wash-room and water-closets to be made there- tor, as: by the fifth section of this nctis re- quired, and that such wash-room and water- zlosets have not been provided, it shall be tha ~. \LAWS OF NEW being present. © sented.in Senate and Assembly, do enac to, R Js oB ian duty of suck board or department of health of health commissioner .or commision cause. to be served on the owner 95? owners . the building in which such: mercantile estal lishment is situated, written notice of suo omission, and requiring such wah room-and. water-closets to be provided, and if such own- er or owners shall thereupon cause fit wash room and water-olossts to be provided Ad - fifteen days after receipt of such notice, he 'or, they shall not be deemed, guilty of /a misde' meanor in respect of the obligation to provi the same. : harus ut Bec. 12. A copy of this act shall be posted ff. three different conspicuous parts of every mer' cantile establishment in this state where per\ sons are einployed who are affeoted' by th provisions of this act. The foregoing provi sions of ; this act shall apply to cities and in corporated villages of this state which at the last state census had a population of thre; thousand or more. le Ve Ca, Sec. 18. 'All acts or parts of acts inconsisten with this act are hereby repealed. - |; . Bec. 14. This act shall take effect Septembes first, eighteen hundred and ninety-six. ., © Srate or Naw Yoak, - 355 25 !0flice of the, Secretary of étate, (ok I have compared the preceding with the orig inal law on file in this office, and do hereby cer tify that the same is & correct transoript there from and of the whole of said original ‘ JOHN PALMER, Meoretary of State. o YORK-By Authorit; [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day affer it shall have bécofae: law. Beotion 48, article IH, chapter 8, Gengral Laws:] - ok d CHAP 88. - Uw AN ACT to provide. for a better system oi lighting passenger cars on elevated railroa : in cities of over. twelve hundred thousand inhabitants.. 20 hot ve \ Became a law April 27, 1806, with the: & proval of the Goverfior. Passed, a fnajority The People of the State of New York, repre» 'sented in Senate and Assembly, do enact as fol Tows: - . B «nde inn ' Beotion 1. Within one year. from the passa of this act every corporation operating an el vated railroad in any city of over. twelve hun: ured thousand inhabitants in this state cont puted according to the last census, shall-equip. two-fifths of all cars used for the transport . tion .of passengers with the most approv system of lighting passenger cars now upon railroads, either ' by electricity or not less than cighteen candle power, an likewise equip an additional «two-fifths of A such cars within two years'from the passage of: this act, and 'shall likewise equip all ro- 'maining such cars within three years from th passage of this act, and every such corpori tion is hereby prohibited from using after on year from the passage of this not,kerosene of coal oils as a means 'of lighting more ' three-fifths in number of all such cars, 'after two years from 'the passage of this no more than one-fifth in number of all s cars, and - after 'three years from 'the passage , of this act such corporation is prohibited fro using kerosene or coal oils as a means of ligh ing any of its passenger cars. (iso {es Sec. 2. Any violation of provisions . of this act shall render -any(such corporation Ha bie to pay 'a fine or penalty of fifty each and every day, for each and. every pas senger car run over ita railroad which is not equipped and lighted as provided in the fire! section of 'this act; and such fine may be covered by any passenger. on. such railr -who may sue therefor;und any: violation o the provisions-of this act on the part, of any 'such railroad corporation shall also be a mi demeanor. - Pout Le Sep NOs Bec. 8. This act shall take effect immediately. or Naw York, lea c oC Office of the Secretary of finite, i sg.: © I have compared. the preceding with the orig-. inal law on file in this office, and dohereby ce tify that the same is & correct transcript ther from and of the whole of said original law. {GEN PALMER, Secretary of State. : LAWS OF NEW YORK-By Authority, [Every law. unless a different time Sh prescribed therein, shall not take effect until the twentieth day after ib shall have become, law. - Section 43; article H, chupter 8, General Laws.] . biz ab ; .~. CHAPTER 800. Lin age AN:ACT to provide for the reimbursement of: - the expenses and disbursements paid and in- ..curred by the several justices 'of the. su- . preme court, who are designated as justices «of the appelinte division of that court.... - _ Became a law April 27, 1898, with: the ap: proval-of the-Governor.. Passed, three-Aft being present. Aone mann The People of the State of New York, re sented in Senate and Assembly, do enact as fol. lows: Lt iaa . Bection 1. Every. justice | of . the - suprem court, who has been, or shall hereafte ignated\ as a presiding or sespciate Justi any of the appellate divisions of ; the supr cour$ of this state, except in - the first depa ment, and who resides in a count that in which the court to whic ed is held, 'shall b essary expenses ans shall pay. or' incur while absent t county in which he restdes, in the performanc of his duties as such Justice, including pentes in 'going to. and 'returning fro place where such court is held, not,to exceed the sim of twenty-five hundred dollars in any year. __ .- Col sas : Bec. 2. Any justice who 'is entitled to reir: bursement for his expenses and disbursemen 'under the provisions of this act, shall:make's Statement of 'the expenses .and disbursemen 'so paid and incurred by him. and. duly verify© the same, which shall be presented: to. the, mptroller for audit, and the amount audit; ed by him shall be paid by the treasn - of 'any moneys Ih his hands not otherwise ap propriated.. me ls Sethe aly Sec. 8. The disbursements authorized under. this act shall .be paid 'from the firsb day of\ January, eighteen hundred-and . State or New YorK, | in aol fof Office of the Secretary of State,. Thks {~ I have compared the preceding with -the orlg: inal law on file in this offlos, and do hereby car-: tify that the same is a correct transoript there- ; from and of the whole of said origin wo - -_ _JOHN PALMER, Secretary of State.: © LAWS OF NEW YORK-fo Authori -[Every Jaw, unless a different time shall be prescribed therein, shall not take effect until:. the twentieth day after it shall have become's; law. Section 48, article II, chapter 8, General . Laws.] © . & ahem n aa _ - ae ~s ~ CHAPTER 801, : «AN ACT giving authority to the governor of the state to cede Jurisdiction to 'the United - ~ States over certain sites in the state of New ~ ,- of the United States. p $ul Became a 'law April 27, 1806, with the ap- proval of the Governor. Passed, by- a two. - thirds vote. . 7 : - The People of the State of New York, repré. as fol. York for light-houses and other public work . 3 lows: ' - sus : Section 1. . The consent of\ the 'state of New \- York is hereby given to :the:purchase by: the = > government of the United: States, and. under the authority of the same,-of 'any tract, piece or parcel of land from 'any individual or indi viduals, bodies politic or corporate within the - boundaries of this state, situate upon or adia- cent to 'the navigable thereof, for the - purpose of the erecting thereon ligh -. beacons, light-house keepers' dwellings, works - for improving navigation, post offices, custom: houses, fortifications, and all deeds, convey | ances or. other papers relating to the title -- thereof shall be recorded.in the office. of the *-- register or county clerk bf the county: where the said lands are situated.. wa loys * Bec. 2. Whenever the United States 1s desir- - \ous of purchasing or acquiring the title to any . / tract, piéce or, parcel of land within the . boundaries 'of: this state for any of the pur: | poses aforesaid, and cannot agreo with the: owner or owners thereof as to the purchase thereof, or: if the owners of any of: said landé 'are unknown, infants, of unsound mind, nonresidents, or if for any other reason a pe fect title cannot boe made to said lands, or part thereof, the United States, by any ag authorized under the hand and: s of any .> head of an executive department 'of \ i ernment of the United States, is anthorized ta y U apply to the supreme court of the state; in and he county within which the said lands a he gay-, . >;;
