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Vol. 6,

p. 344.

p. 344.

Renewal

gress, then, the same, with seven per cent of the amount in addition thereto, shall be a lien upon any dividends thereafter declared upon such stock, and upon notice by the board of supervisors to the president and directors of such bank, of such charge upon such stock, the president and directors shall thereafter withhold the amount so stated from any future dividends upon such stock, and shall pay the same to the collector of the town duly authorized to receive the same.

$ 24. Section eighty-three of title seven of said act is hereby amended 80 as to read as follows:

$ 83. Within such time, not less than ten days, as the trustees shall Collector. allow him for the purpose, the collector, before receiving the first war

rant for the collection of money, shall execute a bond to the trustees, with one or more sureties, to be approved by a majority of the trustees, in such amount as the district meeting shall have fixed, or if such meeting shall not have fixed the amount, then in such amount as the trustees shall deem reasonable, conditioned for the due and faithful

execution of the duties of his office. Vol. 6, § 25. Section eighty-six of title seven of said act is hereby amended

so as to read as follows:

$ 86. If the sum or sums of money, payable by any person named in of warrant. such tax list or rate bill, shall not be paid by him or collected by such

warrant within the time therein limited, it shall and may be lawful for the trustees to renew such warrant in respect to such delinquent person ; or in case such person shall not reside within their district at the time of making out a tax list, or shall not reside therein at the expiration of such warrant, or in case the property assessed be real estate belonging in an incorporated company, and no goods or chattels can be found whereon to levy the tax, the trustees may sue for and recover the såme in their name of office.

$ 26. Section one of title eight of said act is hereby amended so as to read as follows:

$ 1. The taxable inhabitants of each school district in the State shall have power, when lawfully assembled in any district meeting, to levy a tax on the district, not exceeding in any one year the sum of fifty dollars for the purchase of such books as they shall direct for the district library, and such further sum as they may deem necessary for the purchase of a book-case. All books and cases which may have been or shall be purchased with moneys raised by such taxes, or with moneys apportioned to the district for library purposes, and all books which have been given to and accepted by the trustees for the library, shall compose the library of the district.

$ 27. Section two of title eight of suid act is hereby amended so as to

read as follows: Appropria § 2. The sum of fifty thousand dollars, directed to be distributed to

the several school districts of this state by the fourth section of chapter two hundred and thirty-seven of the laws of eighteen hundred and thirty-eight, shall continue to be applied to the purchase of books for the district libraries.

8 28. This act shall take effect immediately.

Vol. 6,

p. 345.

Tax for libraries.

Vol. 6,

p. 346.

tion for libraries.

CHAP 570.

,

AN ACT to amend section six of title four of chapter two

hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages.”

PASSED June 9, 1875; three-tifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section six of title four of chapter two hundred and Amending ninety-one of the laws of one thousand eight hundred and seventy, Laws 1870, entitled “ An act for the incorporation of villages,” is hereby amended 7 Edm. 681. 80 as to read as follows: $ 6. In addition to the amount raised by the trustees for “ ordinary Tarn for

highways. expenditures,” the board of trustees shall have power, in any one year, in addition to the poll tax, to raise by tax such sum as they may deem necessary, not exceeding in any one year the amount of one per cent on the assessed valuation of such village,to be denominated a highway tax, to work and improve the roads, avenues, streets, lanes and cross-walks of said village, on all persons and incorporated companies owning property and estate, real and personal, in said village, to be assessed and collected as all other taxes are by the provisions of this act. The money so raised, with the proceeds of the poll tax, shall be devoted to the purposes expressed in this section, and kept apart as a separate and distinct fund by the treasurer; and all villages incorporated under this act shall be exempt from all costs, charges, taxes or assessments for the grading or working any street, road or avenue lying outside the limits of such incorporation. Amended by ch. 422, L. 1880, post, p. 1011.

CHAP 571.

than three

AN ACT to authorize the confinement of convicts in the

county penitentiaries of this State.

PASSED June 9, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Whenever any person shall be convicted of an offense Convicts punishable with imprisonment in the State prison, in either of the for less judicial districts of the State having a county penitentiary within said years may judicial district, and such person so convicted shall be sentenced to tenced to imprisonment for a term not exceeding three years, the court before county

penitenwhich such conviction shall be had may, in its discretion, sentence the tiary. prisoner so convicted, to be imprisoned in the county penitentiary situated within that judicial district, instead of a States prison, and every person so sentenced shall be received into the said county penitentiary, and shall be kept and employed therein, in the manner prescribed by law, and shall be subject to the rules and discipline of said county penitentiary.

82. It shall be the duty of the sheriff of any county within the said Duty of judicial district in which any person shall be convicted and sentenced,

sherii.

report.

as in the first section is provided, to convey such person to the county penitentiary situated in such judicial district, and deliver such person to the superintendent thereof, for which service such sheriff shall be paid by the State Treasurer such fees as are allowed by law for con

veying convicts to the State prison. Superin- $ 3. The several superintendents of the said county penitentiaries * of peniten- are hereby required to make a return under oath on the thirte nth tiaries to day of September of each year to the Comptroller, in which they shall

fully set forth the name of each convict committed to their respective penitentiaries under or by virtue of this act, in what court convicted, before what presiding justice or judge, the offense for which sucii con

viction is bad, the date of such conviction, and length of sentence, Comptroll- and date of the reception of such convict at said penitentiary. The and allow Comptroller shall thereupon audit and allow such penitentiary, for the

maintenance of such convicts, at a rate not exceeding one dollar and tifty cents per week for all the convicts imprisoned therein under and by virtue of this act, during the year preceding the said thirtieth day of September, and shall draw his warrant upon the Treasurer of the State in favor of the superintendent of said county penitentiary for the amount so audited and allowed, payable out of any money in the

treasury not otherwise appropriated. Laws ap- § 4. All laws applicable to persons convicted and imprisoned in plicable.

State prisons, and not in conflict herewith, shall be applicable to persons convicted and imprisoned in county penitentiaries under this act.

8 5. This act shall take effect immediately.

cost of maintenance.

Lands on

a

be sold at tax sale.

CHAP 572. AN ACT in relation to taxes on lands sold by the State, and to amend the Revised Statutes in relation thereto.

PASSED June 9, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever a sale of lands for taxes shall be held by the State has Comptroller, in pursuance of law, it shall be the duty of said Comptrollien not to ler to withdraw from such sale, all lots, pieces or parcels of land against

which the People of the State of New York then hold a bond or lien for any part of the purchase-money thereof, or unpaid interest thereon, and to charge the amount of taxes, interest and expenses for which said Jots, pieces or parcels were then liable to sale, as shown by the Comptroller's book of sales, against each of such lots, pieces or parcels of land, in the books in his office in which the accounts of school fund and other bonded lands are kept, and to furnish the State Treasurer with a statement of such amounts; and it shall be the duty of such State Treasurer, on the receipt of such statement, to charge the amounts thereon against the respective lots, pieces or parcels of land on which such amounts are due, on the duplicate bond books which

are kept in his office. How llen § 2. The holder of the certificate or contract of purchase of any lot,

piece or parcel of land, against which such charges or amounts have been entered, or any other person, may relieve such lands from liability

discharged.

So in the original.

in consequence of such charge, by paying to the State Treasurer, at any time within two years after the last day of the sale from which such lands were withdrawn, the amount of such charges, with interest thereon at the rate of ten per cent per annum.

$ 3. In case the payment provided for in section two of this act, In case shåll not be made, it shall be the duty of the Comptroller, at the expi- nall not

qayment ration of two years from the last day of the sale from which such lands be made. were withdrawn, to state an account of the indebtedness against each of such lots, pieces or parcels of land on account of the amount charged against such premises in pursuance of the first section of this act, with the addition of thirty-seven and one-half per cent thereto; and also the amount of principal and interest due on the bond or lien thereon, to the Commissioners of the Land Office, who may, thereupon, in case default shall be made in the payment of such bond, direct the Comptroller to put the same in suit, or shall direct the State Engineer and Surveyor to again sell the lands against which such indebtedness remains; and, in case of such sale, all previous payments made on account of such land shall be forfeited to the People of the State. But no conveyance of such premises shall be made to any purchaser until all the taxes and expenses aforesaid, charged against the same on such bond book, are paid into the State Treasury.

$ 4. Section sixty of article three of title five of chapter nine of the Amending tirst part of the fifth edition of the Revised Statutes, is hereby amended $47. to read as follows:

$ 60. Whenever the State Engineer and Surveyor shall resell any lot of land bonded to the State, he shall include in the amount for which such lot is offered for sale, the sums due at the time of such sale for principal and interest on the purchase-moneys thereof, tho amounts due on the books in the Comptroller's office for taxes, and the interest and charges thereon, and the costs of such sale; and in case the total amount of such charges shall not be bid therefor, he shall purchase the same for the State, at the amount so due.

§ 5. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. 8 6. This act shall take effect immediately.

NOTE. - - Section four, in fact, amends $ 47 of 1 R. S. 205.

1 R. S. 205,

1 Edm. 205.

CHAP. 578. AN ACT to amend an act entitled "An act to regulate the size Barrels.

of apple, pear and potato barrels,” passed May twelfth, one thousand eight hundred and sixty-two.

PASSED June 9, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one, of chapter one hundred and seventy-eight, Amending of the laws of eighteen hundred and sixty-two, entitled “An act to Laws 1862, regulate the size of apple, pear and potato barrels,” is hereby amended 3 Edm. 671. so as to read as follows:

81. A barrel of apples, quinces, pears or potatoes shall represent a Barrel of quantity equal to one hundred quarts of grain or dry measure, and all a les

qulnces, persons buying or selling those articles in this state, by the barrel,

pears or

shall be understood as referring to the quantity specified in this acto potatoes. And any person or persons in this State who shall make, or cause to be Penalty

mado, barrels holding less than the quantity herein specified, knowing, for making or having reason to believe, that the same are to be used for the sale of barrels of apples, quinces, pears or potatoes; or who shall use barrels hereafter less size.

made, for the sale of those articles, of a size less than the size expressed in this act, shall be subject to a fine of five dollars for each and every offense, to be sued for and recovered by any person aggrieved

thereby for the use of the poor of the town or county, as the case Justice of § 2. In any action arising for violations of the provisions of this act, the peace

any justice of the peace in the county where the violation of this act jurisdio

shall have been committed, shall have jurisdiction to try and determine the same

§ 3. This act shall take effect on the first day of January, one thousand eight hundred and seventy-six.

may be.

to have

tion.

CHAP 574.

Insane.

ch. 446, Laws 1874,

AN ACT to amend chapter four hundred and forty-six of the

laws of eighteen hundred and seventy four, entitled “An act to revise and consolidate the statutes of the State relating to the care and custody of the insane, the management of the asyluin for their treatment and safe-keeping, and the duties of the State commissioner in lunacy,” passed May twelfth, eighteen hundred and seventy-four.

Passed June 9, 1875 ; 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 eighteen of article one of title first of an act en

titled “An act to revise and consolidate the statutes of the State 9 Edm.821. relating to the care and custody of the insane, the management of the

asylum for their treatment and safe-keeping, and the duties of the State commissioner in lunacy,” passed May twelfth, eighteen hundred and seventy-four, is hereby amended so as to read as follows:

§ 18. None of the foregoing provisions shall be deemed to restrain or Powers of courts not abridge the power and authority of the Supreme Court, the Superior abridged. Court and the Court of Common Pleas of the city and county of New

York, or the superior court of the city of Buffalo or the city court of Brooklyn or any county courts, concerning the safe-keeping of any lunatics or the charge of their persons or estates.

§ 2. Section twenty-two of article second of said title is hereby amended so as to read as follows:

$ 22. The costs of any commission of lunacy appointed pursuant to Cost of

the provisions of this article shall be a charge upon the county in sion.

which the same shall have been executed; and the certificate of the court by which such commission shall have been appointed, shall constitute a legal voucher thereof in the hands of the county treasurer. Provided, nevertheless, that the costs of all commissions appointed by the Governor shall be defrayed from the fund appropriated for the continued expenses of the executive department.

commis

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