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CHAP. 437. An act to amend the charter of the American Institute of the city of New

York. Passed June 2, 1876; three-fifths being present. CHAP. 438. An act to re-appropriate moneys for the payment of awards made by the

Canal Appraisers, and expenses attending the same, and the payment of awards made

by the Canal Board. Passed June 2, 1876; three-fifths being present. CHAP. 439. An act relating to the expenses of judicial sales in the county of Kings.

Passed June 2, 1876; three-fifths being present. CHAP. 440. An act to amend an act entitled "An act to incorporate the city of Cohoes,

passed May nineteenth, eighteen hundred and sixty-nine, and the acts amendatory of the same, passed May eleventh, eighteen hundred and seventy-one,” passed March fourth, eighteen hundred and seventy-two. Passed June 2, 1876; three-fifths being

present. CHAP. 441. An act to release to Mary H. Halsted certain real estate in the city of Albany,

and also all the personal property of which Louisa Elizabeth Wright, lately her aunt

in-law, died seized and possessed. Passed June 2, 1876, by a two-third vote. CHAP. 442. An act relative to the dissolution of corporations. Passed June 2, 1876;

three-fifths being present. CHAP. 443. An act supplemental to the act entitled “ An act to revise the charter of the

city of Syracuse," passed March third, eighteen hundred and fifty-seven, and the acts

amendatory thereto. Passed June 2, 1876; three-fifths being present. CHAP. 444. An act to establish a State Board of Audit, and to define its powers and

duties. Passed June 2, 1876; three-fifths being present. CHAP. 445. An act in relation to that portion of the Great Western Turnpike Road, com

monly known as Western avenue, lying between Snipe street, in the city of Albany, on the east and the west line of the proposed new boulevard, intersecting the said road west of Allen street, in said city on the west. Passed June 2, 1876; three-fifths being

present. CHAP. 446. An act to amend chapter four hundred and thirty of the laws of eighteen

hundred and seventy-four, entitled " An act to facilitate the reorganization of railroads sold under mortgage, and providing for the formation of new companies in such cases."

Passed June 2, 1876. CHAP. 447. An act in relation to Riverside avenue and park, in the city of New York.

Passed June 2, 1876, three-fifths being present. CHAP. 448. An act relative to courts, officers of justice, and civil proceedings. Passed

June 2, 1876; three-fifths being present. CHAP. 449. An act explaining, defining and regulating the effect and application of, and

otherwise relating to, the act passed at this session of the legislature, entitled “ An act relating to courts, officers of justice, and civil proceedings.” Passed June 2, 1876; threefifths being present.

CONCURRENT RESOLUTIONS :
PROPOSING AN AMENDMENT to section three of article five of the Constitution.
Relative to the granting of subsidies by Congress in aid of the Texas Pacific Rail-

road, and other internal improvements. Requesting the Senators and Representatives in Congress from this State to oppose the

repeal of the resumption act of January fourteen, eighteen hundred and seventy-five. PROPOSING AN AMENDMENT to section four of article five of the Constitution. In reference to the rates of tolls on the canals to be established for the current year. PROPOSING AN AMENDMENT to section eleven of article eight of the Constitution, prohibiting

the use or loan of public money for private purposes, and restricting the indebtedness of

counties, cities, towns and villages. Requesting the Senators and Representatives in Congress from this State to use their

influence to secure legislation for the protection of emigrants, and for the security of

the cities, towns and counties of this State. PROPOSING AN AMENDMENT to the Constitution in relation to the schools.

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1845.

Assem

disguised persons

AN ACT to amend chapter three of the laws of one thousand

eight hundred and forty-five, entitled "An act to prevent persons appearing disguised and armed.”

PASSED January 20, 1876, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section six, of chapter three, of the laws of eighteen Amending hundred and forty-five, entitled “ An act to prevent persons appearing Lachisi disguised and armed,” passed January twenty-eighth, eighteen hun- 4 Edm. 279. dred and forty-five, is hereby amended so as to read as follows:

$ 6. Every assemblage in public houses or other places of three or more persons disguised as aforesaid is hereby declared to be unlawful, blages of and every individual so disguised present 'thereat, shall be deemed guilty of a misdemeanor, and upon conviction be punished by imprison- in public ment in the county jail not exceeding one year, provided that nothing contained in this act shall be held or construed as prohibiting, or as

Masquerrendering unlawful any peaceable assemblage for any masquerade or ades and fancy dress ball or entertainment, or any assemblage therefor of per- dress balls, sons masked, or as prohibiting or rendering unlawful the wearing of excepted. masks, fancy dresses, or any other disguise, hy persons on their way to, or returning from, such ball or other entertainment; and provided, also, that in the cities of this State permission be first obtained from Permisthe police authorities of the said cities for the holding or giving of any obtained such masquerade or fancy dress ball or entertainment therein, under such regulations as may be prescribed by the said police authorities.

§ 2. All acts and parts of acts inconsistent with this act are hereby repealed.

83. This act shall take effect immediately.

CHAP 18."

AN ACT in relation to the Central New York Institution for

Deaf-mutes at Rome.

PASSED February 4, 1876 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : State SECTION 1. The Central New York Institution for Deaf-mutes, at pupils.

Rome, is hereby authorized to receive deaf and dumb persons between the ages of twelve and twenty-five years, eligible to appointment as State pupils, and who may be appointed to it by the Superintendent of Public Instruction, and the Superintendent of Public Instruction is authorized to make such appointment to the aforesaid institution and, in his discretion, to date back the first thirty appointments to the first

day of October, eighteen hundred and seventy-five. Comptrol

§ 2. The Comptroller is directed to pay for the support and instrucler to pay tion of thirty pupils at the said institution in quarterly payments, the port and first of which shall be made on the passage of this act, the sum of nine

thousand dollars appropriated by chapter three hundred and seventythree of the laws of eighteen hundred and seventy-five, or a proportionate amount for a shorter period of time than one year or for a smaller number of pupils, upon the certificate and oath or the president and secretary of the said institution, approved by the Superintendent of Public Instruction; and this sum shall be in full of all demands upon the State up to the first day of October, eighteen hundred and seventy-six.

8 3. This act shall take effect immediately.

for sup

instruction.

CHAP. 2.

ances.

AN ACT to authorize police justices and justices of the peace to take recognizance during trial or examination.

PASSED February 15, 1876. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Justice

SECTION 1. In any trial or examination before a police justice or may take justice of the peace, of any city or town, of any person charged with recogniz

an offense bailable by such magistrate, whenever it shall be made to appear to the satisfaction of such justice, that such trial or examination should be continued to some other day, he тау

take a recognizance with sufficient surety, by two freeholders or householders, residents of the county in which the trial is being held, for the appearance before him on such day, of the person to be tried or examined ; and if such person shall fail to appear at such time and abide the final decision of said justice, the recognizance shall be deemed to be forfeited, and shall be prosecuted like other forfeited recognizances, and in addition thereto the justice may issue his warrant for the arrest of the person so let to bail.

§ 2. This act shall take effect immediately.

districts.

CHAP. 24. AN ACT to alter the first and second judicial districts of the State Judicial as established by chapter two hundred and forty-one of the laws of

teen hundred and forty-seven, entitled “ An act to divide the State into judicial districts,” so as to conform the same to the boundaries of the city of New York and of the county of Westchester as now constituted by law.

Passed February 21, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The first judicial district of the State shall consist of the city of New York, as the same has been constituted by law since the first day of January, eighteen hundred and seventy-four. The second judicial district shall consist of the counties of Rich d, Suffolk, Queens, Kings, Westchester, as the same has been constituted by law since the first day of January, eighteen hundred and seventy-four, Orange, Rockland, Putnam and Dutchess.

$ 2. This act shall take effect immediately.

of

CHAP 29. AN ACT to amend chapter eighty of the laws of eighteen hundred National

and seventy, entitled "An act to provide for the enrollment of the guard. militia, for the organization of the National Guard of the State of New York, and for the public defense, and entitled the Military Code." Passed February 28, 1876 ; three-fifths being present, and two-thirds of the members in each house present concurring therein.*

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 4. Section two hundred and fifty-four of said act is hereby amended so as to read as follows:

© 254. Whenever any non-commissioned officer, musician or private of the Discharge National Guard shall have performed service therein for the term of five years on expirafrom the date of his enlistment, or for the term for which he may have re-en- service. listed, properly uniformed, armed and equipped, according to the provisions of this act, he or the commandant of his troop, battery or company shall be entitled to apply for his discharge from the service; and, upon his so applying, and presenting the certificate of the commandant of bis troop, battery or company, that he has performed such service, and that he has turned over or satisfactorily accounted for all property issued to him, which certificate the said commandant shall give him, if warranted by the facts, or upon the commandant of his troop, battery or company so applying and certifying to such facts, the commandant of the regiment or battalion to which he belongs, or in case of a separate regiment, battalion, troop, battery or company, the commandant of the brigade or division to which it is attached, shall grant him a full discharge from the service at the expiration of three months from the date of the application; but if the application be made by the commandant of his troop, battery or company, the discharge may be granted immediately, for sufficient reason and in his discretion, by the officer authorized to grant the same.

$5. All acts or parts of acts conflicting with the provisions of this act are Repeal. hereby repealed; but such repeal shall not affect any legal proceedings commenced under such conflicting acts.

$ 6. This act shall take effect immediately. The first three sections of this chapter have been superseded by subsequent enactments.

* See § 9 of article 11 of the Constitution of the State of New York,

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