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§ 27. Every person who, from premeditated design, or with intent to kill or commit any felony, shall,
1. Cut out or disable the tongue ; or,
4. Cut off or disable any limb or member, of another, on purpose, upon conviction thereof, shall be imprisoned in a State prison for such term as the court shall prescribe, not less than seven years.
Ante, vol. 2, pp. 683-4.
Insurance AN ACT to authorize joint-stock fire insurance companies to
issue policies providing against loss or damage by lightning.
PASSED May 27, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. All joint-stock fire insurance companies organized under the provisions of the geueral insurance acts known as chapter three hundred and eight of the laws of eighteen hunred and forty-nine, and chapter four hundred and sixty-six of the laws of eighteen hundred and fifty-three, and the acts amendatory thereof and supplemental thereto, are hereby authorized to issue policies providing against loss or damage by lightning:
8 2. This act shall take effect immediately.
CHAP 455. Public AN ACT to amend chapter five hundred and fifty-five of the
laws of eighteen hundred and sixty-four, entitled “An act to revise and consolidate the general acts relating to public instruction.'
PASSED May 27, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows : Amending SECTION 1. Section seventy-seven of chapter five hundred and fiftyLavos. 1864. five of the laws of eighteen hundred and sixty-four, entitled " An act
to revise and consolidate the general acts relating to public instruction,” is hereby amended so as to read as follows:
§ 77. Out of any moneys in the county treasury raised for contingent expenses the treasurer shall pay to the trustees the amount of the taxes so returned as unpaid, and if there are no moneys in the treasury applicable to such purpose, the board of supervisors, at the time of levying said unpaid taxes, as provided in the next section, shall pay to the trustees of the school district the amount thereof by voucher or draft on the county treasurer in the same manner as other county charges are paid. Ante, vol. 6, p. 343.
AN ACT to extend the authority of the supreme court in Supreme
proceedings by writ of mandamus, to correct errors in the determination of boards of county canvassers.
PASSED May 27, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Whenever it shall appear by affidavit that errors have Extending occurred in the determination of the board of county canvassers in any of in pro county in this State, the supreme court may, by order, require said ceedings board to correct such errors, or show cause why such correction should mannot be made, and in the event of the failure of said board to make damus. such correction, or show cause as aforesaid, the said court may compel said board by writ of mandamus to correct such errors; and if such board of county canvassers shall have made its determination and dissolved, such court may compel it to reconvene for the purpose of making such corrections. For the purpose of making such corrections as the court shall order, the meeting of the board of county canvassers shall be deemed a continuation of its regular session, and the statement and certificates shall be made and filed as the court shall direct; and so far as the same shall vary from the original certificates and statements, the statements and certificates made under the order of the court shall stand in lieu thereof, and shall in all places be treated with the same effect as if such corrected statement had been a part of the original required by law.
§ 2. The practice in such proceedings in mandamus shall be the Practice, same as in cases of mandamus against a board of supervisors, and for the purpose of service of papers and other proceedings, the board of county canvassers, as organized and existing at the time of making the original canvass, shall be deemed a continuing board.
NOTE.-Ch. 463 (amending ch. 604, L. 1875,) will be found incorporated into that act. Ante, p. 206.
New York AN ACT to amend chapter five hundred and seventy of the
laws of eighteen hundred and seventy-two, entitled " An act to ascertain, by proper proofs, the citizens who shall be entitled to the right of suffrage in the State of New York, except in the city and county of New York and the city of Brooklyn, and to repeal chapter five hundred and seventytwo of the laws of eighteen hundred and seventy-one, entitled 'An act to amend an act entitled 'An act in relation to elections in the city and county of New York.'"
PASSED May 28, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Amending SECTION 1. Section one of chapter five hundred and seventy of the Laws 1872. laws of eighteen hundred and seventy-two, entitled “ An act to ascer
tain, by proper proofs, the citizens who shall be entitled to the right of suffrage in the State of New York, except in the city and county of New York and the city of Brooklyn, and to repeal chapter five hundred and seventy-two of the laws of eighteen hundred and seventyone, entitled An act to amend an act entitled . An act in relation to elections in the city and county of New York,”” is hereby amended
so as to read as follows: Inspectors 8 1. The several inspectors who now are or who may be hereafter to form board of elected or appointed inspectors of election, for the several election registry.
districts in the towns and cities of this State, except in the city and county of New York and in the city of Brooklyn, for the year eigh. teen hundred and seventy-two, are hereby declared to be a board of registry of elections under this act; and for the purposes herein named, the said inspectors, and their successors in office, shall meet
annually, on Tuesday, five weeks previous to the general election, at for organi- nine o'clock, in the forenoon, at the place designated for holding the
poll of said election, and organize themselves as a board for the purpose of registering the names of the legal voters of such district, and shall sit until nine o'clock in the evening of each day; and for this purpose they shall appoint one of their number chairman of the board, who shall administer to the other inspectors the oath of office, as prescribed by the constitution, and the same oath shall then be administered to the chairman by one of the other inspectors. The said board shall then proceed to make a list of all persons qualified and entitled to vote at the ensuing election, in the election districts of which they are inspectors. Said list, when completed, shall constitute and be known as the register of electors of said district. The said inspectors, at their first meeting on Tuesday, five weeks preceding the general election, shall have power, if necessary, to sit two days for the purpose of making said list, provided that, at the annual election next prior to said meeting, the number of votes in the district of which they are inspectors exceeded four hundred.
$ 2. Section three of said act is hereby amended so as to read as
follows: Meeting to $ 3. The said boards of inspectors shall meet on the Tuesday of the
week preceding the day of the general election, at the places designated
for holding the polls of election, for the purpose of revising and correcting said lists; and for this purpose, in cities, they shall meet at eight o'clock in the morning, and remain in session until nine o'clock in the evening of that day and the day following, and in other districts they shall meet at nine o'clock in the morning, and remain in session until nine of that day. And they shall then revise, correct, add to and subtract from, and complete the said lists, and shall on that day add to the said list the name of any person who would, on the first Tuesday succeeding the first Monday of November, be entitled, under the provisions of the constitution and laws of this State, to exercise the right of suffrage in their respective election districts. But in making such addition on that day, or on any prior day, they shall not place on the said list the name of any person, except in strict compliance with the provisions of section two and section four hereof, and the other provisions of this act.
§ 3. In case of any willful neglect, omission or refusal by said board Supreme to do any of the acts required by this act, the supreme court of this State shall have power to compel said board to meet on any day be- board to tween the day herein fixed for the first meeting of said board and the perform day of election and to perform the act or acts so omitted, neglected duties, in or refused, but no member of said board shall receive any compensa- neglect of
board. tion for attendance at any meeting under the provisions of this section.
$ 4. This act shall take effect immediately. Ante, vol. 9, p. 400.
court may compel
AN ACT in relation to the partition of lands held by hus- Husband
band and wife as joint tenants, tenants in common, or as tenants by entireties.
PASSED May 28, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Whenever husband and wife shall hold any lands or tenements as tenants in common, joint tenants, or as tenants by entireties, they may make partition or division of the same between themselves, and such partition or division duly executed under their hands and seals, shall be valid and effectual; and when so expressed in the instrument of partition or division, such instrument shall bar the right of dower of the wife in and to the lands and tenements partitioned or divided to the husband.
§ 2. This act shall take effect immediately.
AN ACT enabling any corporation created by act of contional exhibition. gress of the United States, to acquire, hold, use and im.
prɔve real estate for the purposes of an international exhibition.
PASSED May 28, 1880. The People of the State of New York, represented in Senate and
Assembly, do enact as follows : Corpora- SECTION 1. It shall be lawful for any corporation created by act of created by congress of the United States, with power to hold an international excongress,'hibition in the State of New York under the supervision and anspices quire, of the national government, by its president, commissioners or their hold and agents, engineers, superintendents or others in their employ, to enter real estate. upon all lands or waters within the corporate limits of the city of New
York, for the purpose of surveying, exploring, sounding, leveling and laying out the grounds necessary to be used for the holding of the international exhibition provided for by the act of congress aforesaid, and to make such dykes, dams, ditches and drains as may be necessary and of locating the same, and to do and erect all necessary work, structures, buildings and appendages thereon, doing no unnecessary injury to private or other property, and when the grounds, dykes, dams, ditches and drains and the location of other necessary works and structures shall have been determined upon, and a survey of the same duly made and filed by any such corporation, in the office of the clerk of the city and county of New York, it shall then be lawful for any such corporation by any of its officers, agents, engineers, superintendents, contractors, workmen and other persons, in their employ, to enter upon, take possession of, hold, have, and use, occupy, excavate, fill in and grade such lands so surveyed and located; upon any arrangement or agreement entered into by any such corporation and
the owners of the said lands, either by purchase, lease or otherwise. Lands, 8 2. That if any such corporation, or its officers or agents, cannot acquired, agree with the owner or owners of such required lands or real estate in case of for the use or purchase thereof, or, if by reason of the legal incapacity. ment with or absence of such owner or owners, no such agreement can be made,
a particular description of the lands so required for the use of any such corporation shall be given in writing, under the oath or affirmation of some engineer or proper agent of such corporation, and also the name or names of the occupant or occupants if known and their residence, if the same can be ascertained, to any justice of the supreme court, who shall cause such corporation to give notice thereof to the person or persons interested if known, and in this State, and if unknown and out of the State, to make publication thereof, as he shall direct, for a term of not more than twenty nor less than ten days, and to assign a particular time and place for the appointment of commissioners, at which time, upon satisfactory evidence to him of the service or publication of such notice, aforesaid, he shall appoint three disinterested persons to act as such commissioner to assess the price or value of said lands or the use thereof, who shall be affirmed or sworn before the said justice faithfully to execute the duties of such appointment, and after like notice to both parties of time and place, shall meet, review the premises and hear the parties and evidence if desired and thereupon make such decision and award together with a