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STATE OF NEW YORK,
PASSED AT THE
99th SESSION, 1876.
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 a chi 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
Assemmore persons disguised as aforesaid is hereby declared to be unlawful, blages of and every individual so disguised present 'thereat, shall be deemed
persons 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 si to be such masquerade or fancy dress ball or entertainment therein, under such regulations as may be prescribed by the said police authorities.
8 2. All acts and parts of acts inconsistent with this act are hereby repealed.
§ 3. This act shall take effect immediately.
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
8 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 for support and first of which shall be made on the passage of this act, the sum of nine tion.
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.
83. This act shall take effect immediately.
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
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 may 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.
AN ACT to alter the first and second judicial districts of the State Judicial
districts. as established by chapter two hundred and forty-one of the laws of eighteen 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 Richmond, 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.
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 his troop, battery or com-. pany, 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, tbe 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 $ 0 of article 11 of the Constitution of the State of New York,
tion of assessments.
CHAP 49. Equaliza- AN ACT in relation to the equalization of assessments, under
chapter three hundred and twelve of the laws of eighteen hundred and fifty-nine and the amendments thereto.
PASSED March 10, 1876; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Appeals SECTION 1. It shall be the duty of the State Assessors to prepare a from supervis.
form of petition and notice of appeal from decisions of boards of superons dorms, visors, in the equalization of assessments in their respective counties, rules, eto.
and also to prepare rules and regulations in relation to bringing such appeals and the hearing or trial thereof, which shall be submitted to the Comptroller for his approval, and when so approved shall be the forms, rules and regulations of said board of State Assessors, and be
filed in the office of the Comptroller. Hearing of § 2. Every such appeal duly brought shall be heard by said board in appeal.
the county in which such appeal originated, at a time and place to be fixed by said board, and they shall notify the supervisor of the town,
ward or city appealing, by mail, of the time and place sc fixed upon, Dismiss- at least twenty days prior thereto. In case the appellant or his sucing appeal.
cessor fails to appear and produce evidence to sustain the appeal at the time and place appointed, or on the day to which such hearing or trial shall have been adjourned, if an adjournment shall have been had, said State Assessors shall make an order dismissing said appeal as not sustained, which shall have the same effect in all respects as if said appeal had not been sustained after a trial or hearing on the merits on
evidence. Evidence. 3. On every such hearing or trial, the evidence shall in part relate
to the assessment and full and true value of real and personal propWhat erty, and the said State Assessors shall determine whether or not
injustice has been done to the town, ward or city, so appealing, in the determine. equalization of real and personal property assessed therein, as com
pared with the other wards, towns or cities of said county, and shall determine whether any, and if any, what deductions ought to be made from the aggregate corrected valuation of said real and personal property, as made by the board of supervisors, and shall also determine to what town or towns, ward or wards, city or cities, in such county said deductions, if any, shall be added, and shall certify their determination in writing to said board of supervisors and forward the same by mail, within ten days thereafter, to the clerk of said board of supervisors,
directed to him at his post-office address. Pending 8 4. The provisions of this act shall apply to all appeals, pending appeals.
and undetermined at the time of its passage. Repeal. 8 5. All laws inconsistent with the provisions of this act are hereby
8 6. This act shall take effect immediately. State assessors have no authority to take evidence as to the existence of personal property omitted from the assessment-roll. People er rel. Supervisors of Westchester v. Hadley. 76 N. Y. 337. Nor can they make allowances for omissions : People er rel. Superrisors of Monroe v. Hadley, 1 Abb. N. C. 441; nor review the valuations of assessors on particular property, nor the decision of assessors that property is exempt. Ib. See 17 Hun, 301.
State Assessors to
determine as to
AN ACT to amend chapter five hundred and fifty-five of the Public In
structions. laws of eighteen hundred and sixty-four, entitled “An act to revise and consolidate the general acts relating to public instruction.”
PASSED March 10, 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 two of title nine of chapter five hundred and Amending fifty-five of the
laws of eighteen hundred and sixty-four, entitled “ An Law 1864, act to revise and consolidate the general acts relating to public instruc- 6 Edm.349. tion,” is hereby amended so as to read as follows:
§ 2. Whenever such district shall correspond wholly or in part with Meeting to an incorporated village, in which there shall be published a daily or weekly newspaper, the notice aforesaid shall be given by posting at union free
school. least five copies thereof, severally, in various couspicuous places in
Notico, said district, at least twenty days prior to such meeting, and by caus- how given. ing the same to be published once a week for three consecutive weeks before such meeting, in all the newspapers published in said district. In other districts the said notice shall be given by posting the same as aforesaid, and in addition thereto, the trustees of such district shall authorize and require any taxable inhabitant of the same, to notify every other inhabitant (qualified to vote as aforesaid), of such meeting, to be called as aforesaid, who shall give such notification in the manner and subject to the penalty prescribed in the case of the formation of a new school district by title seven of this act.
8 2. Section five of said title nine is hereby amended so as to read as follows:
$ 5. Any such meeting, held as aforesaid, shall be organized by the Proceedappointment of a chairman and secretary, and may be adjourned from ings at time to time, by a majority vote, provided that such adjournment shall ing. not be for a longer period than ten days, and whenever any such meeting, at which not less than fifteen persons entitled to vote thereat, shall, by the affirmative vote of a majority present and voting, determine to establish a union free school in said district, pursuant to such notice, it shall thereupon be lawful for such meeting to proceed to the election, by ballot, of not less than three, nor more than nine trustees, Eleotlon who shall, by the order of such meeting, be divided into three several of trusclasses; the first to hold until one, the second until two, and the ternis of third until three, years from the second Tuesday in October coincident office. with or following, except in the cases in the next section provided for; and when the trustees so elected shall enter upon their office, the office of any existing trustee or trustees shall cease, except for the purposes stated in section eleven of title six of this act. The said trustees and Board of their successors in office sball constitute a board of education of, and education, for the union free school district for which they are elected, and the designation of such district as union free school district number of the town of shall be made by the school commissioner having jurisdiction of the district; and the said board shall have the name and style of the board of education of — adding the designation aforesaid); copies of said call, minutes of said meeting or meetings, Copies of duly certified by the chairman and secretary thereof, shall be by them, proceed