*

vide for the better care of paupers and destitute children," is hereby amended so as to read as follows:

to be

houses.

§ 2. From and after the passage of this act it shall be the duty of Children the county superintendents of the poor, or other proper officers charged removed with the support and relief of indigent persons of the several counties from poor of this State in which there are county poor-houses to cause the removal of all children between the ages of three and sixteen years (not exempted by the first section of this act) from their respective poorhouses, and also to cause the removal of those who may hereafter come under their care and control, or hereafter be born in such poor-houses, before they shall have arrived at the age of three years, and provide for their support and care in families, orphan asylums or other appropriate institutions, as now provided for by law, and the boards of supervisors of the several counties are hereby required to take such action in the matter as may be necessary to carry out the provisions of this act. § 2. This act shall take effect immediately.

66

CHAP. 267.

AN ACT further to amend chapter four hundred and forty- Insane. 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 asylums for their treatment and safe-keeping, and the duties of the State Commissioner in Lunacy."

PASSED May 15, 1876; three-fifths being present.

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

ch. 446,

SECTION 1. Section twenty-one of article second of title one of chap- Amending ter four hundred and forty-six of the laws of eighteen hundred and Laws 1874. seventy-four, entitled "An act to revise and consolidate the statutes 9 Edm.925. of the State relating to the care and custody of the insane, the management of the asylums for their treatment and safe-keeping, and the duties of the State Commissioner in Lunacy," is hereby amended so as to read as follows:

Governor

may order

moval of

State

§ 21. The Governor shall possess the same powers conferred upon When the courts of oyer and terminer in the case of persons confined under conviction for offenses for which the punishment is death. And whenever the reany person under sentence of death shall be declared insane and irre- criminals sponsible, by a commission duly appointed for that purpose, the Gov- to the ernor may, in his discretion, order his removal to the State Lunatic Lunatic Asylum. Asylum for insane criminals, there to remain until restored to his right Proceedmind, and it shall be the duty of the medical superintendent of such ing where asylum, whenever, in his opinion, said convict is cured of his insanity, sanity is to report the fact to the State Commissioner in Lunacy and a justice See Ordof the Supreme Court of the district in which said asylum is situated, Jud. Asp. who shall thereupon inquire into the truth of such fact, and if the Ins. 94. same be proved to their satisfaction, they shall so certify it under their official hands and seals to the clerk of the court in which such convict was sentenced, and cause him, the said convict, to be returned to the

*So in the original.

restored.

ronaux's

Sale of real estate of luna

tics, etc.

See Order 112.

State Commissioner

custody of the sheriff of the county whence he came and at the expense thereof, there to be dealt with according to law.

§ 2. Section six of title second of said act is hereby amended so as to read as follows:

§ 6. Any idiot, lunatic or person of unsound mind, seized of any real estate, or of any interest in any real estate or entitled to dower therein or to any term for years in lands, may, by committee duly appointed, apply to the Supreme Court or county court for the sale or disposition of the same in the manner hereinafter directed.

§3. Section first of title tenth of said act is hereby amended so as to read as follows:

§ 1. The Governor shall nominate and by and with the advice and in Lunacy. consent of the Senate, appoint an experienced and competent physician, who shall be designated as the State Commissioner in Lunacy, who shall hold his office for five years and receive an annual salary of four thousand dollars and traveling and other incidental expenses not to exceed one thousand dollars, and a sum not to exceed two hundred dollars to pay office rent and fuel, to be paid on presentation of vouchers to the Comptroller.

His pow

ers and

duties as

deprived

etc.

See Ordr. 152.

225.

7 id. 425.

§ 4. Section four of title ten of said act is hereby amended so as to

read as follows:

§ 4. The said Commissioner is hereby empowered to issue compulsory process for the attendance of witnesses and the production of papers, to persons to administer oaths, and to examine persons under oath, and to exerof liberty, cise the same powers as belong to referees appointed by the Supreme Court, in all cases where, from evidence laid before him, there is reason to believe that any person is wrongfully deprived of his liberty, or is 3 Abb. N.C. cruelly, negligently or improperly treated in any asylum, institution 187, 218 and 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, he is further empowered to issue an order in the name of the people of the State and under his official hand and seal, directed to the superintendent or managers of such institution, requiring them to modify such treatment or apply such remedy or both as shall therein be specified. And in case such order is disobeyed or negligently executed, the Commissioner may, and it shall be his duty to present such order with a statement of the facts duly verified upon which it was made to a justice of the Supreme Court, who may thereupon by order require such superintendent or manager to show cause before such or some other justice of the Supreme Court at a place in the judicial district where such asylum, institution or establishment is situated, and at a time specified in such order not less than two days after the service thereof, why an order should not be made directing performance of such order of the Commissioner, and on failure to so show cause, the said justice shall make such order, and for any disobedience of any order made pursuant to the provisions of this section, the same proceedings may be taken to compel performance thereof, or to punish for contempt for such disobedience as may be had for such purposes in civil actions.

§ 5. This act shall take effect immediately.

See Ordronaux's Judicial Aspects of Insanity.

Sec. 2 of the above act was repealed by L. 1880, ch. 245. See Co. Civ. Proc., $$ 2348-'9.

CHAP. 277.

courts.

AN ACT to amend section fifteen of article second, title four of Justices' chapter two of part three of the Revised Statutes, relating to justices' courts.

PASSED May 15, 1876; three-fifths being present.

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

2 R. S. 228.

SECTION 1. Section fifteen of article second, title four of chapter two Amending of part three of the Revised Statutes, relating to justices' courts, is 2 Edm.243. hereby amended so as to read as follows:

summons,

§ 15. "A summons shall, in all cases, be served at least six days Justice's before the time of appearance mentioned therein. If the defendant how shall be found it shall be served by delivering to and leaving with him served. a copy thereof. If the defendant shall not be found, it shall be served by leaving a copy thereof at the defendant's last place of abode, in the presence of some one of the family, of suitable age and discretion, who shall be informed of its contents."

§2. This act shall take effect July first, eighteen hundred and seventy-six.

Repealed by L. 1880. See Code Civ. Proc. § 2878.

CHAP. 278.

AN ACT to amend section twenty-nine of chapter four hundred and sixty of the laws of eighteen hundred and thirty-seven, entitled "An act concerning the proof of wills, executors, administrators, guardians and wards, and surrogates' courts," passed May sixteen, eighteen hundred and thirty-seven, as amended by chapter two hundred and twenty-nine of the laws of eighteen hundred and sixty-two. PASSED May 15, 1876; three-fifths being present.

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

Laws 1837.

SECTION 1. Section twenty-nine of chapter four hundred and sixty Amending of the laws of eighteen hundred and thirty-seven, entitled "An act con- ch 460, cerning the proof of wills, executors, administrators, guardians and 4 Edm.486. wards, and surrogates' courts," passed May sixteen, eighteen hundred and thirty-seven, as amended by chapter two hundred and twenty-nine of the laws of eighteen hundred and sixty-two, is hereby amended to read as follows:

sureties of

§ 29. When either or all the sureties of any executor, or adminis- Release of trator or guardian, shall desire to be released from responsibility on executors, account of the future acts or defaults of such executor or administra- etc. ter or guardian, they may make application to the surrogate who granted. letters testamentary or of administration or of guardianship, for relief, and the surrogate shall thereupon issue a citation to such guardian to appear at a time and place specified, and upon the return thereof, take the same proceedings as are now provided by law in regard to releasing the sureties of an executor or administrator. § 2. This act shall take effect immediately.

Repealed by L. 1880. See Code Civ. Proc. §§ 2600 and 2601.

CHAP. 280.

tions.

Corpora- AN ACT further to amend chapter three hundred and twentytwo of the laws of eighteen hundred and seventy, entitled "An act to authorize corporations to change their names." PASSED May 15, 1876.

Amending ch. 322,

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

SECTION 1. Section one of chapter three hundred and twenty-two, of Laws 1870. the laws of eighteen hundred and seventy, entitled "An act to author7 Edm.712. ize corporations to change their names," is hereby amended so as to read as follows:

name.

Change of § 1. Any incorporation, incorporated company, society or association corporate organized under the laws of this State, excepting banks, banking associations, trust companies, life, health, accident, marine and fire insurance companies, may apply at any special term of the Supreme Court sitting in the county in which shall be situated its chief business office, for an order to authorize it to assume another corporate name. § 2. This act shall take effect immediately.

CHAP. 287.

Elections AN ACT to amend chapter two hundred and forty of the laws. of eighteen hundred and forty-seven, entitled "An act to amend the act entitled 'An act respecting elections other than for militia and town officers,' passed April fifth, eighteen hundred and forty-two."

PASSED May 15, 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. The fortieth section of the fifth title of the act entitled ⚫ Laws 1842, ch. 130. "An act respecting elections others than for militia and town officers," 1 Edm. 116, passed April fifth, eighteen hundred and forty-two, is hereby amended so as to read as follows:

138.

§ 40. He shall cause a copy of such certified statements and determinations to be printed in the State paper, and in no other paper whatever, at the public expense.

§ 2. This act shall take effect immediately.

So in the original.

CHAP. 295.

AN ACT to authorize the presiding judge or justice of courts New trials. of oyer and terminer to grant new trials.

PASSED May 15, 1876.

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

SECTION 1. The presiding justice or judge of any court of oyer and terminer held in this State shall possess the power to grant a new trial on motion of the prisoner after conviction before or after sentence, on exceptions taken on the trial, or on the ground of newly-discovered evidence. The motion may be heard on the minutes or on affidavits, as the case may require, in like manner as nearly as may be, to the practice of the Supreme Court in civil actions.

§2. This act shall take effect immediately. 18 Hun, 487, 78 N. Y. 492.

CHAP. 297.

AN ACT to prohibit the disposal of any part of the public lands on Lake George or the islands thereof.

PASSED May 15, 1876.

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

Lake

SECTION 1. No grant or lease of any of the islands in Lake George Sale of or of any land on any of said islands shall be made by the Commission- land on ers of the Land Office or by any board or officer of the State, until the George. further direction of the Legislature, and any such grant or lease hereafter made without such express direction of the Legislature shall be null and void.

§ 2. This act shall take effect immediately.

CHAP. 299.

AN ACT entitled an act to enable the records of the signal service department of the United States to be received and read in evidence.

PASSED May 15, 1876.

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

vice re

SECTION 1. Any record of the observations in regard to the condi- Signal sertion of the weather taken under the direction of the signal service de- cords, partment of the United States, or a copy thereof, when certified under evidence. oath by the officer in charge thereof, at the place where the same are taken and kept, that the same is a true copy of such record, may be read in evidence in any court of this State, and shall be prima facie evidence of the facts and circumstances contained and stated therein. § 2. This act shall take effect immediately.

Repealed in 1880. See Co. Civ. Proc., § 944.