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his liberty, or is cruelly, negligently or improperly treated in any asylum, institution or establishment, public or private, for the custody of the insane; or whenever there is inadequate provision made for their skillful medical care, proper supervision and safe-keeping; and if the same shall be proved to his satisfaction it shall be his duty to report the facts, together with his conclusion thereon, to a Justice of the Supreme Court, who shall thereupon grant the necessary relief.

3 Abb. N. C. 187, 218, 225; 7 id. 425.

corpora

sell stock of bankrupt rail, roads.

bale.

CHAP 585.
AN ACT to provide for the sale of stock and bonds of bank-

rupt railroad companies by municipal corporations holding
the same, and for the disposition of the proceeds of such
stock or bonds.

PASSED June 12, 1875 ; three fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Municipal

SECTION 1. Any municipal corporation within this State holding

and owning any stock or mortgage bonds of any railroad company in thorized to this State which shall have been adjudicated bankrupt, or the property

of which shall be in the possession of a receiver appointed under the laws of this state, or the railroad or other property of which shall have been sold or shall have been deemed to be sold by virtue of any decree of foreclosure of any mortgage executed by such railroad company, is hereby authorized to sell and dispose of such stock or mort

gage bonds in the manner hereinafter provided, Notice of

$ 2. The commissioner or commissioners of any municipal corporation within this State which shall have issued its bonds in aid of the construction of the railroad of any railroad company in this State within the provisions of section one of this act appointed to issue such bonds of any municipal corporation under any law of this State, or the successor or successors in office of any such commissioner or commissioners, on the application of the mayor and common council of any city, or of the board of trustees of any incorporated village, or of the supervisor of any town within this State, the bonds of which shall have been issued in aid of the construction of any such railroad, as aforesaid, shall forth with publish a notice of the sale at public auction of the stock or mortgage bonds of any such railroad company held and owned by such municipal corporation, as aforesaiil, at such public place within the limits of such municipal corporation as such commissioner cr commissioners may specify in such notice. The said notice shall specify the amount of such stock or bonds so held by said municipal corporation and the number of shares of such stock, and the amount of such bonds, respectively, and the name of the railroad company by which the same were issued, and shall be published in two newspapers published in the county wherein such railroad may be situated, or if it extends through or into more than one county, then in two newspapers published in each county wherein such railroad may be situated, at least once in each week after the first publication of such notice, until the day of sale, which shall be not less than ten nor more than twenty days after the first publication of the said notice.

$ 3. On the day and at the place of sale specified in the notice aforesaid, sale. the said commissioner or commissioners shall sell at public auction, to the highest bidder for cash, all the stock or mortgage bonds of any such railroad company so held and owned by such municipal corporation as aforesaid, in such parcel or parcels as in their discretion shall be most advantageous to the said municipal corporation, and shall deliver the same to the purchaser or purchasers thereof, and shall execute to such purchaser or purchasers any transfer or assignment of such stock or bonds, necessary to transfer the same, and thereupon the purchaser or purchasers of such stock or bonds shall be vested with all the right, title and interest of the said municipal corporation, and of the said commissioner or commissioners in and to the stock or bonds so sold as aforesaid.

§ 4. All moneys received by said commissioner or commissioners for Disposiany stock or mortgage bonds sold pursuant to the provisions of this torced

. act, shall be immediately paid over to the treasurer or other officer of such municipal corporation having charge of its funds, in case of a town to the supervisor thereof for the use of such municipal corporation, and after paying the expenses of such sale, shall be applied by such municipal corporation to the payment and extinguishment of its bonds issued in aid of said railroad company, and to no other purpose whatever; provided, that in case the municipal bonds so issued shall have been all paid before such sale, or in case the moneys realized from Buch sale shall be more than sufficient to pay off the municipal bonds issued as aforesaid in aid of such railroad corporation then outstanding, the proceeds of such railroad stock or bonds, or any such balance thereof, shall be applied by such municipal corporation to the payment of such other debt thereof, or to defray such other lawful charge thereupon, as the common council of any such city, or the board of trustees of any such incorporated village, or the qualified voters of any such town, in town meeting, may direct.

$ 5. All acts and parts of acts so far as they are inconsistent herewith are hereby repealed.

$ 6. This act shall take effect immediately.

CHAP 586. AN ACT to define the powers and privileges of railroad cor- Railroad.

porations, and to repeal sections three and four of chapter two hundred and seventy-eight of the laws of eighteen hundred and sixty-eight, entitled “An act in relation to the Erie, New York Central, Hudson River and Harlem Railway Companies."

PASSED June 12, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. When the time for holding the annual election for the Postpono directors of

any railroad company is now fixed by any law, charter or by-law for a time, within three months before the thirtieth day of election. September in any year, the directors of such company may by resolution, to be published at least thirty days before the iime now established for such election, postpone such election to a time not more than

ment of annual

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Company may purchase lands and stock in other States.

two months after the thirtieth day of September then next ensuing, and thereafter the annual election of such company shall be held in each year on the day so designated, and the term of office of the directors of such company, in office when such change is made, shall be extended to the day thus fixed for the next election of directors, and the election of their successors.

§ 2. Any railroad company organized under the laws of this State may purchase, hold and convey lands, or any interest in lands in any other State through which any part of its railroad is operated, or may purchase, hold and transfer stock in any company organized in another State, owning lands as aforesaid, for the purpose of securing for such railroad in this State a permanent supply of fuel for its use.

§ 3. Sections three and four of chapter two hundred and seventy-eight of the laws of eighteen hundred and sixty-eight, entitled “An act in relation to the Erie, New York Central, Hudson River and Harlem Railway Companies, passed April twenty-first, eighteen hundred and sixty-eight, are hereby repealed.

$ 4. This act shall take effect immediately.

Repeal clause.

CHAP 596.

State AN ACT to amend chapter four hundred and tweenty-six of the laws prisous. of eighteen hundred and sixty-seven, entitled “An act to amend

chapter six hundred of the laws of eighteen hundred and sixtyfive, passed April twenty-eight, eighteen hundred and sixty-five,' entitled “An act to amend an act entitled 'An act in relation to the compensation of the several officers of State prisons,' passed April twenty-third, eighteen hundred and sixty-four.”.

PASSED June 18, 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 one of chapter four hundred and twenty-six of the laws of Laws 1867, eighteen hundred and sixty-seven, entitled "An act to amend chapter six hundred ch. 426, 7 Edm. 102.

of the laws of eighteen hundred and sixty-five, passed April twenty-eighth, eighteen hundred and sixty-five, entitled "An act to amend an act entitled 'An act in relation to the compensation of the several officers of State prisons,' passed April twenty-third, eighteen hundred and sixty-four,” is hereby amended so as to read as follows:

§ 1. From and after the first day of March, eighteen hundred and seventy-five, tion of the compensation of the several officers, keepers, guards and teachers of the Sing officers of Sing, Auburn and Clinton prisons shall be as follows: To each of the agents and State prisons.

C mpensa

wardens of said prisons, thirty-five hundred dollars per year; to the physician of each prison, fifteen hundred dollars per year; to the principal keeper of each of said prisons, fifteen hundred dollars per year; to the clerk of each of said prisons, fifteen hundred dollars per year; to the chaplain of each of said prisons, fifteen hundred dollars per year; to the kitchen keeper of each of said prisons, twelve hundred dollars per year; to the store-keeper of each of said prisons, twelve hundred dollars per year; to the hall keeper of each of said prisons, twelve hun. dred dollars per year; to the yard keeper of each of said prisons, one thousand dollars per year; to the keepers of each of said prisons, nine hundred dollars per year; to the sergeant of guard of each of said prisons, nine hundred dollars per year; to the guards of each of said prisons, seven hundred and eighty dollars per year; the matron of the prison at Sing Sing shall receive seven hundred and eighty dollars per year; and the assistant matrons at such prison shall each receive six hundred and sisty dollars per year; at each of said prisons the salary of the male teachers shall be three hundred dollars per year each, and that of the female teachers shall be two hundred dollars per year each, which salaries shall be in full for all services performed. The salary of the superintendent of the State lunatic asylum for insane convicts, at Auburn, shall be fifteen hundred dollars per year.

82. This act shall take effect immediately.

,

CHAP 57. AN ACT to amend an act entitled An act to provide for the Religious

, incorporation of religious societies, passed April fifth, one 3 Edm.587. thousand eight hundred and thirteen.

PASSED June 18, 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 seven of an act entitled An act to provide for Amending the incorporation of religious societies, passed April fifth, one thousand Laws 1813, eight hundred and thirteen, is hereby amended so as to read as fol- 3 Edm. 687. lows:

87. And be it further enacted that no person belonging to any church congregation or society intended by the third section of this act shall be entitled to a vote at any election succeeding the first until such person shall have been a stated attendant on divine worship in the said church, congregation or society at least one year before such election, and shall have contributed to the support of the said church, congregation or society according to the usages and customs thereof, and that the clerk to the said trustees shall keep a register of the names of all such persons as shall desire to become stated hearers in the said church, congregation or society, and shall therein note the time when such request was made, and the said clerk shall attend all such subsequent elections in order to test the qualifications of such electors in case the same should be questioned, except that in the Methodist Episcopal church in the city of Brooklyn, no person shall be entitled to vote at any election succeeding the first until such person shall have been a member of full age and of at least twelve months' standing in the local church for which the trustees are to be elected.

CHAP 598.
AN ACT in relation to railroad corporations.

PASSED June 18, 1875.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Any existing railroad company heretofore organized or Amended incorporated under the laws of this State, except such as may have

350, post, p. been organized for the purpose of constructing or operating a railroad 773 N. in the city of New York, which may have been unable from any N. Y. 524. cause to construct its railroad within the time specified by its charter or articles of association, shall hereby have the time for the completion of the railroad it was authorized to construct extended for a further term of two years beyond the time heretofore limited, and failure to construct its railroad heretofore shall not cause a forfeiture of its corporate powers; but nothing herein contained shall have the effect to revive any corporation whose corporate power has been forfeited from any cause.

Y. 245, 78

CHAP. 604.

Title as
amended
by $ 1, ch.
463, L. 1880,
passed
May 27,
1880.

waters pro

AN ACT to protect the shores and bay of New York, and

the seaside resorts near New York city, and to prevent the deposit of carrion, offal, dead animals, bedding, or any putrid, offensive, decaying or refuse vegetable or animal matter, or any garbage or sweepings taken from the streets of any city, into the North and East rivers, or in the bay of New York, or Raritan bay within the jurisdiction of the State of New York, or in the waters of Jamaica bay, or in the waters of the Atlantic ocean within three miles of Coney Island, or within three miles of Rockaway beach or Far Rockaway, or within less than one mile beyond the outer bar.

PASSED June 18, 1875; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Deposit of

SECTION 1. It shall not be lawful for any person or persons to dead ani

throw or cast any dead animals, carrion, offal, bedding or any putrid, mals, etc., in certain offensive refuse, decaying or decayed vegetable or animal matter, or hibited.

any garbage, or any sweepings taken from the streets of any city, into
the waters of the North and East rivers, adjoining the counties of
New York, Kings, Westchester or Richmond, or in the bay of New
York, or in Raritan bay within the jurisdiction of this state, or in
the waters of Jamaica bay, or in the waters of the Atlantic ocean
within three miles of Coney Island, or within three miles of Rocka-
way beach or Far Rockaway, or within less than one mile beyond the
outer bar, so that the same shall be deposited in deep water. But
nothing in this act shall be so construed as to prevent the landing
and utilizing of dead animals and offal and the manufacture of fertil-
izers on Barren Island,
As amended by S 2, ch. 463, L, 1880.

§ 2. It shall not be lawsul for any person or persons to sail, navitaining

gate or move, or to aid, direct or assist in sailing, navigating or mov

ing, or to be employed upon, or to accompany any boat or vessel mals, offal,

containing any such animal or material az is named in section two of this act, through or upon the waters of that part of New York bay known as the Narrows, and lying between Forts Wadsworth and Hamilton, or any part of said bay south of said Narrows, with the intent or for the purpose of throwing or casting such animal or material, or any portion thereof, into the ocean or sea, or in any portion of the waters mentioned in said section two* of this act, without a permit, in writing, first obtained therefor from the inspector appointed

or to be appointed under said chapter six hundred and four of the inspector.

laws of eighteen hundred and seventy-five, who shall have the power of granting such permits from time to time as he shall deem proper, and which shall not be inconsistent with the second section of this act, and having such regard to the course and condition of the then

Boat or vessel con

dead ani

etc.

Permit from

* Section of the act of 1680. See § 1, supra.

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