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CHAP. 12.

p. 860.

or em

ment as

See ch. 428, AN ACT to prevent and punish wrongs to children.
Laws 1877,
post, 450;

Passed Ápril 14, 1876; three-fifths being present. ch. 404, Laws 1878, post, p.63,

The People of the State of New York, represented in Senate ana and Laws Assembly, do enact as follows : 1874, ante, vol. 9, SECTION 1. Any person having the care, custody or control of any Children child under the age of sixteen years, who shall exhibit, use, or employ, not to be exhibited

or who shall in any manner, or under any pretense, sell, apprentice,

give away, let out, or otherwise dispose of any such child to any perployed in certain

son, in or for the vocation, occupation, service, or purpose of singing, business. 1 playing on musical instruments, rope, or wire walking, dancing, beg

c.

ging or peddling, or as a gymnast, contortionist, rider or acrobat, in any place whatsoever ; or for or in any obscene, indecent or immoral purpose, exhibition, or practice whatsoever; or for or in any business, exhibition, or vocation injurious to the health or dangerous to the life or limb of such child ; or who shall cause, procure, or encourage any

such child to engage therein, shall be guilty of a misdemeanor. Not to

Nothing in this section contained shall apply to or affect the employapply to ment or use of any such child as a singer or musician in any church, employ

school or academy, or the teaching or learning the science or practice musician. of music; nor the employment of any child as a musician at any con

cert or entertainment, on the written consent of the mayor of the city or president of the board of trustees of the village where such concert

or entertainment shall take place. Person

§ 2. Every person who shall take, receive, hire, employ, use, exhibit, or violating have in custody any chtild under the age, and for any of the purposes first section guilty mentioned in the first section of this act shall be guilty of a misdeof misde

meanor. When § 3. When, upon examination before any court or magistrate, it shall court may appear that any child, within the age previously mentioned in this act, dispose of child was engaged or used for, or in any business, or exhibition or vocation, unlawfully

or purpose specified and as mentioned in this act; and when, upon the Abb.N.C.1. conviction of any person of a criminal assault upon a child in his or

her custody, the court or magistrate before whom such conviction is had shall deem it desirable for the welfare of such child that the person so convicted should be deprived of its custody thereafter, such court or magistrate may commit such child to an orphan asylum, charitable or other institution, or make such other disposition thereof as now is or hereafter may be provided by law in cases of vagrant, truant,

disorderly, pauper or destitute children. Willfully § 4. Whoever, having the care or custody of any child, shall willfully endanger- cause or permit the life of such child to be endangered, or the health ing life or health of of such child to be injured; or who shall willfully cause or permit such child.

child to be placed in such a situation that its life may be endangered, or its health shall be likely to be injured, shall be guilty of a misde

meanor. Fines and

85. All fines, penalties, and forfeitures imposed and collected in any forfeit- county in this State, under the provisions of this and of every act ures, how disposed

passed, or which may be passed, relating to or affecting children, in of.

every case where the prosecution shall be instituted or conducted by a

society incorporated pursuant to the provisions of chapter one hundred Ante, p. 65. and thirty of the laws of eighteen hundred and seventy-five, being an

meanor.

engaged. 1

act entitled “An act for the incorporation of societies for the prevention of cruelty to children,” shall, except where otherwise provided, enure to such society in aid of the purposes for which it was incorporated.

$ 6. Nothing herein contained shall be construed as affecting the punishment Not to, of offenses under chapter one hundred and sixteen of the laws of eighteen ishments hundred and seventy-four, entitled “An act in relation to mendicant and va- under ch. grant children.”

116, Laws

1874, vol. 9, Cowley v. People, 21 Hun, 415; 8. C., 8 Abb. N. C. 1.

P. 860.

CHAP 180.
AN ACT to provide for the appointment of an additional number of

Notaries Public.

PASSED April 18, 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 Governor is hereby authorized and empowered, by and with the advice and consent of the Senate, to appoint in each county, except the city and county of New York, notaries public equal to ten for each Assembly district, and in the said city and county two hundred and fifty notaries public, in addition to the number now allowed by law; provided, however, that in each county which is a single Assembly district the additional number of notaries public be fifteen.

§ 2. This act shall take effect immediately. See chap. 87, L. 1875, ante, p. 58.

CHAP 18.

AN ACT to amend sections fifty and fifty-one of article fifth of title Colleges

one of chapter fifteen of the first part of the revised statutes in re- mies. gard to trustees of incorporated colleges and academies.

PASSED April 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 fifty of article fifth of title one of chapter fifteen of the Amending first part of the revised statutes is hereby amended so as to read as follows:

1 Edin. 410. $ 50. No professor or tutor of any incorporated academy shall be a trustee Trustee of such academy.

§ 2. Section fifty-one, article fifth, title one, chapter fifteen, part first of said revised statutes is hereby amended so as to read as follows:

§ 51. No president, professor or tutor of any incorporated college, or princi- Not to pal of any incorporated academy who shall be a trustee, shall have a vote in vote. any case relating to his own salary or emoluments.

§ 3. This act shall take effect immediately.

1 R. S. 464.

CHAP 188.
AN ACT to provide for the removal of certain officers and to amend

proceedings in relation thereto.

PASSED April 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. The Governor may remove any county treasurer, county superin- Removal tendent of the poor, or notary public for misconduct or malversation in office of county

tendent of

treasurer, at any time within the term for which such officer shall have been appointed superin

or elected, giving to him a copy of the charges against him, and an opportuthe poor or nity of being heard in his defense before such removal shall be made as in pronotary

ceedings for a removal of a sheriff ; and in any such case the Governor may public.

direct testimony to be taken, or an examination to be made in the manner now prescribed by law in proceedings for the removal of a sheriff, and in any case in which the approval or assent of the Governor is or may be necessary as a condition of removal of any officer, the Governor may direct testimony to be

taken, or an examination to be made in the manner aforesaid. Report and

§ 2. In any order directing the taking of testimony or an examination in a proceedings. proceeding for the removal of any officer, the Governor may direct that the

judge or commissioner, in reporting the evidence, shall also report the material facts which he deems to be established by the evidence, and in any case where in his judgment the public interests may require it, the Governor may direct a hearing on the evidence taken in any such examination before a judge of the supreme court, or a county judge, and a report by such judge of his conclusions on the questions of fact or law involved in the case, and may assign & judge for such hearing:

§ 3. This act shall take effect immediately.

CHAP. 184.

under streets.

AN ACT to amend chapter one hundred eighty-one of the laws of

eighteen hundred seventy-five, entitled “ An act to authorize the villages of the State of New York to furnish pure and wholesome water to the inhabitants thereof."

PASSED April 21, 1876; 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 twelve of chapter one hundred eighty-one of the laws of ch. 181,

eighteen hundred seventy-five, entitled “An act to authorize the villages of Laws 1875, ante, p. 80. the State of New York to furnish pure and wholesome water to the inhabitants

thereof,” is hereby amended so as to read as follows: Use of soil

$ 12. The said commissioners, and all acting under their authority, shall have the right to use the ground or soil under any street, highway or roads within the county within which said village is situated, for the purpose of introducing water into and through any and all portions of said village, on condition that they shall cause the surface of such street, highway or road to be relaid and restored to its usual state, and all damages done thereto to be repaired, and such right shall be continuous for the purpose of repairing and

relaying water-pipes upon like conditions. And the said commissioners shall May sell have the further power to contract with and sell to any corporation, stock comrights and pany or individual, without the corporate limits of said village, the right to privileges. make connection with the distributing pipes of said village, for the purpose of

drawing water therefrom, it such prices and on such conditions as, in the judgment of said commissioners, shall be for the best interests of said 'village. But no such right shall be granted or in any way enforced, when, by so doing, the supply for the wants or necessities of said village shall thereby be curtailed

$ 2. This act shall take effect immediately.

CHAP 185. AN ACT to authorize plank-road and turnpike companies, formed un- Plank.

der and by virtue of an act entitled “ An act to provide for the in. turnpike corporation of companies to construct plank-roads, and of compa- come

panies. pies to construct turnpike roads," passed May seventh, eighteen hundred and fort y-seven, to extend their charter or corporate existence.

PASSED April 21, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any plank-road company or turnpike company which shall have certain been formed under and by virtue of an act entitled “ An act to provide for companies the incorporation of companies to construct plank-roads, and of companies to tend their construct turnpike roads,” passed May seventh, eighteen hundred and forty- corporate seren, and the several acts amendatory thereof, and which shall have managed Amended and carried on any plank-road or turnpike road for twenty years last past, upon 1878, ch. ten miles in length thereof, or not less than one-half of the route named in their 1 post, p. original articles of association, may at any time within five years before the termination of the time specified for its duration in its articles of association, continue its corporate existence for a period not exceeding thirty years by first Proceedobtaining the consent, by resolution, of a majority of all the members of the ing. board of supervisors of the county or counties in which any such road is located, adopted at any regular or special meeting thereof, and by filing and recording in the office of the clerk of the county or counties in which such plank-road or turnpike road is located, within one year before the expiration of the term of the corporate existence of such company, and in the office of the Secretary of State such consent and a statement showing the actual capital expended in the construction of any such plank-road or turnpike road, exclusive of repairs, together with the consent, in writing, from the persons owning two-thirds of the capital stock of such company, and in which shall also be stated the number of years which they shall desire such corporate existence extended; also the name of each town or ward through or into which the said road passes. Such statement shall be made by the president and treasurer of such company, and they shall annex or indorse thereon their affidavits of the above requirements.

$ 2. In case any part of any plank-road or turnpike road shall have been Where abandoned, according to the provisions of law, a statement of the actual cost part of of such remaining part, exclusive of repairs, shall be made as near as may be, been aban and filed and recorded in the same manner as provided in section one of this doned. act. Any further abandonment of any part of any plank or turnpike road shall Future only be made by and with the consent of a majority of all the members of the abandonboard of supervisors of the county in which any such road or any part thereof ow made is located, which consent shall be filed with the clerk of said county or counties.

$ 3. Hereafter it shall be the duty of any plank-road or turnpike road that Annual shall avail themselves of the provisions of this law, to annually, on or before statement. the first day of July in each year, make and file a statement in the office of the county clerk of the county or counties through or into which such plank-road or turnpike road is located, of the receipts from tolls, and also a statement showing the expenditure on such plank-road or turnpike road to maintain and keep the same in repair.

$ 4. A copy of the consent of such supervisors and stockholders, together Evidence with a copy of such affidavit annexed thereto and certified to be a copy by the of corpo Secretary of State, or his deputy, shall, in all courts and places, be presump- ence. tive evidence of the corporate existence of such company for the term therein specified, and of the facts therein stated.

$5. The corporate existence of such plank-road company shall not be ex- Provisos. tended, except in accordance with this act.

$ 6. The provisions of this act shall not apply to the counties of Kings and Orange. (Amended by ch. 253, Laws 1879.)

7. All acts parts of acts inconsistent or in conflict with this act hereby repealed.

rate exist

CHAP 161.

ch. 563, Laws 1869.

See Vol. 6,

p. 300.

AN ACT to amend chapter five hundred and sixty-three of

the laws of eighteen hundred and sixty-nine, entitled “An act to amend an act entitled 'An act to protect butter and cheese manufacturers,' passed May second, eighteen hun. dred and sixty-four.”

PASSED April 22, 1876; 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 sixty-three of

the laws of eighteen hundred and sixty-nir entitled “ An act to 7 Edm. 457. amend an act entitled 'An act to protect butter and cheese manufacAmended 1878, ch,

turers,' passed May second, eighteen hundred and sixty-four," is 37, post, p. hereby amended so as to read as follows:

§ 1. Section one of chapter five hundred and eighteen of the laws of eighteen hundred and sixty-four is hereby amended so as to 'read as

follows: Penalty § 1. Whoever shall, with intent to defraud, sell, supply or bring to for sollips be manufactured to any butter or cheese manufactory in this State, ing allut- any milk diluted with water, or in any way adulterated, or milk from ed, adulterated,

which any cream has been taken, or milk commonly known as skimmed skimmed

milk, or whoever shall, with intent to defraud, keep back any part of or impure milk to the milk kuown as “strippings,” or whoever shall

, knowingly, bring butter fac- or supply milk to any butter or cheese manufactory that is tainted or tories and partly sour from want of proper care in keeping pails, strainers or any to keep

vessel in which said milk is kept, clean and sweet, after being notified accounts. of such taint or carelessness, or any butter or cheese manufacturer

who shall, knowingly, use or allow any of his employees, or any other person, to use for his or for their own individual benefit, any milk or cream from the milk brought to said butter or cheese manufacturer, without the consent of all the owners thereof, or any butter or cheese manufacturer who shall refuse or neglect to keep or cause to be kept a correct account (open to the inspection of any one furnishing milk to such manufacturer) of the amount of milk daily received, or of the number of pounds of butter, and the number and aggregate weight of cheese made each day, or of the number cut or otherwise disposed of, and the weight of each, shall, for each and every offense, forfeit and pay a sum not less than twenty-five dollars nor more than one hundred dollars with costs of suit, to be sued for in any court of competent jurisdiction by and for the benefit of the person or persons, firm or association, or corporation, or their assigns, upon whom such freud or neglect shall be committed.

§ 2. This act shall take effect immediately. See Verona Central Cheese Co. v. Murtaugh, 50 N. Y. 314 ; Lammond v. Volans, 14 Hud 263. Ante, Vol. 3, p. 415; Vol. 6, p. 301.

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