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Police justices.

ch. 514, Laws 1875,

Jurisdiction,

CHAP 808.
AN ACT to amend section two of chapter five hundred and

fourteen of the laws of eighteen hundred and seventy-five;
entitled “ An act to provide for the election of police jus-
tices in villages."

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. Section two of chapter five hundred and fourteen of

the laws of eighteen hundred and seventy-five, entitled “An act to ante, p. 210. provide for the election of police justices in villages,” is hereby

amended so as to read as follows:

$ 2. Such police justice shall have, within the village in which he shall have been elected or appointed, and in cases where the alleged crime or misdemeanor has been committed within such village, exclusive jurisdiction, except as hereinafter provided, to issue all warrants, hear and determine all complaints and to conduct all examinations and trials in criminal cases that may now by law be had by a justice of the peace, or before a court of special sessions; and shall have the same power and jurisdiction in such criminal cases, which justices of the peace now have by law, or which may hereafter be conferred upon justices of the peace, by law, and shall bave exclusive jurisdiction in all cases of violations of ordinances of the village of which he is police justice. He shall also have authority to administer oaths in verifica

tion of accounts and claims against the village, but shall have no other Salary. civil jurisdiction. He shall receive for his services an annual salary to

be fixed by the board of trustees, which shall not be increased or decreased during his term of office, but shall not retain to his own use

any costs or fees. Said justice shall be subject to the same liabilities, of judg

and his judgments and proceedings may be reviewed in the same man

ner and to the same extent as now by law provided in case of justices In case of of the peace.

It shall be the duty of the several justices of the peace sickness or of the town in which such village is wholly or partially situated, disability or vacancy during the sickness, absence from the village, or inability to act, of the

said police justice, or during a vacancy in said office, to render the same services and perform the same duties, and they shall be entitled to receive the same fees therefor as though no police justice had been elected or appointed in such village. But it shall not be lawful for said justices of the peace, to make any charge against such village, or the town or county in which the same is situate, for services rendered in or respecting criminal cases, trials or examinations in such village, or where the subject matter thereof arose in such village, except as herein before stated, during the sickness, absence from the village or inability to act of the said police justice, or during a vacancy in said office.

82. This act shall take effect immediately.

Liabilities -- review

ment.

CHAP 817. AN ACT to amend section sixteen, title three, chapter two Villages.

hundred and ninety-one of the laws of eighteen hundred and seventy, to release firemen from the payment of poll tax.

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: SECTION 1. Section sixteen, title three, chapter two hundred and Amending

Laws 1870, ninety-one of the laws of eighteen hundred and seventy, is hereby ch. 291. amended so as to read as follows:

$ 16. The trustees shall have power to raise, by assessment and tax, money for the expenditores required by the provisions of this act and the proceedings had thereunder, and may assess and collect a poll tax of one dollar on each male resident in the village between the ages of twenty-one and sixty years, except such male residents as may belong to and are active members of a fire engine, hose, hook and ladder, or other company formed and maintained for the purpose of extinguishing fires.

§ 2. This act shall take effect immediately.

7 Edm. 681692.

ch. 446.

CHAP 319.
AN ACT to amend chapter four hundred and forty-six of the

laws of eighteen hundred and sixty, entitled "An act for
the protection of boarding-house keepers.”

Passed May 15, 1876 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enaet as follows : SECTION 1. Section one of chapter four hundred and forty-six of Amending

Laws 1860, the laws of eighteen hundred and sixty, entitled “ An act for the protection of boarding-house keepers,” is hereby amended so as to read 4 Edm. 68 as follows:

§ 1. The keeper of a boarding-house shall have the same lien upon and right to detain the baggage and effects of any boarder to the same extent and in the same manner as innkeepers have such lien and right of detention; but nothing herein shall be deemed to give to any board. ing-house keeper any lien upon or right to detain any property the title to which shall not be in such boarder.

8 2. This act shall take effect immediately. Reverses the rule held in Jones V. Morrill, 42 Barb. 623, that lien extended to goods of others brought on to premnises. Lien exists only for board due, Shafer v. Guest, 6 Pobt. 4. What houses are within act, Cody v McDowell, 1 Lans. 484.

What guests, Seart v McCready, 24 How. Pr. 62; McIivane r. Hilton, 7 Hun, 594. Negligence of keeper, Smith v. Riad, 6 Daly, 33 ; 52 How. 14.

See L. 1879, ch. 530, post, p. 819.

Baptist churches.

Trustees.

CHAP 89.
AN ACT securing to Baptist churches of the State of New

York the benefits of incorporation, and repealing chapter
six hundred and thirty-three of the laws of eighteen hundred
and seventy-three, entitled "An act to authorize the incorpo-
ration of Baptist churches in the State of New York, and
supplementary to an act entitled 'An act to provide for the
incorporation of religious societies,' passed April fifth, eigh-
teen hundred and thirteen."

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

Assembly, do enact as follows: Incorpora- SECTION 1. It shall be lawful for any Baptist church now organized, tion.

or that may hereafter be organized in this State, to secure the benefits of incorporation according to the provisions of this act.

§ 2. The members of any such church, of full age, and every person of full age who shall, for one year preceding, have been a paying pewholder, or seat-ho!der in the place of worship of said church, or shall have been during said year a yearly paying subscriber for the support of said church, may assemble at the place of worship of said church, und by a majority of the votes of such persons elect three, six or nine of said qualified voters as a board of trustees, and such trustees and their successors shall be a body corporate by the title expressed in the

certificate hereinafter required to be filed. Notice of § 3. Public notice shall be given of the meeting for the first election election.

of trustees under this act, and also of all subsequent meetings for the election of trustees, at one regular service of the church on each of the two Sundays next preceding such elections, the object, time and place of such meetings to be distinctly stated in said notices.

$ 4. The trustees thus elected shall be so divided by lot at the first election that one-third of them shall go out of office at the expiration of one year, one-third at the end of two years, and one-third at the end of three years; and thereafter the term of service of one-third of their number shall expire annually, and their place or places shall be filled by a new election, as provided in section third.

$ 5. The trustees first elected shall file in the office of the clerk or register of the county in which the church is located, a certificate of their election, duly signed by the chairman and secretary of the meeting at which said election took place, and thenceforth the board of trustees so organized shall be a body corporate by the name expressed in the certificate so filed. Such trustees shall hold regular meetings for business at such time and place as they may appoint, and special meetings may be called by any three of them; a majority of the whole number should be a quorum for the transaction of business, and a majority of the votes cast on any question shall decide such question.

8 6. Such trustees shall have and use a common seal, and may renew and alter the same at their pleasure, and shall take charge of the property of said church, both real and personal; transact all business relating to the renting of pews, the payment of the pastor's salary, and all the other temporalities of said church ; but such trustees shall have no right to divert the property of said church from uses appointed by the church, or to settle or remove any pastor or minister of said church,

Term of office

To file certificate.

Trustee meetings

Powers of trustees.

or to change or determine his salary or compensation; or to fix oi change the times, nature or order of the public or social worship of said church; or to alienate, sell or incumber the property of said church, or to incur debts beyond what may be necessary for the proper care, repairs and preservation of the property of said church, unless such authority is specially conferred by said church upon such trustees; and such authority to alienate, sell or incumber shall be valid only when approved by a majority present at a meeting of the persons qualified to vote for trustees, such meeting to be called as provided in section third of this act. In other respects the trustees shall have all the rights, powers and duties granted by law to trustees of religious corporations.

87. Whenever a person elected trustee shall, for the term of six con- Vacancy. secutive months, cease to attend and to support the worship of said church, his place may be declared vacant by an official notice of the board of trustees to the church, and a new election shall be ordered to fill such vacancy, as provided in section third of this act.

(Another section was added by ch. 136, Laws 1879.)

CHAP.381.

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AN ACT in relation to the Western New York Institution for

Deaf Mutes.

PASSED May 15, 1876; three-fifths being present. The P'eople of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The Western New York Institution for Deaf Mutes, at Rochester, 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 appointments to said institution in the same manner and upon the same conditions as to the New York Institution for the Instruction of the Deaf and Dumb.

§ 2. Supervisors of towns and wards and overseers of the poor are hereby authorized to send to the Western New York Institution for Deaf Mutes, deaf and dumb persons between the ages of six and twelve years, in the same manner and upon the same conditions as such persons may be sent to the New York Institution for the Instruction of the Deaf and Dumb, under the provisions of chapter three hundred and twenty-five of the laws of eighteen hundred and sixty-three. 83. This act shall take effect immediateiy.

39

Murder.

cb.614,

5 .

CHAP 448.
AN ACT to amend chapter six hundred and forty-four of the

laws of eighteen hundred and seventy-three, in relation to
the crime of murder.

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. Section one of chapter six hundred and forty-four of La v$*1873. the laws of eighteen hundred and seventy-three, entitled “ An act to 9 Edm. 967. amend an act entitled “an act to repeal chapter four hundred and ten,' 2 id. 677. passed April fourteenth, eighteen hundred and sixty, and chapter three

hundred and three, passed April seventeenth, eighteen hundred and sixty-one, and to divide the crime of murder into two degrees, and to prescribe the punishment of arson,” passed April twelfth, eighteen hundred and sixty-two, is hereby amended so as to read as follows:

§ 1. Section six of the act entitled “An act to repeal chapter four hundred and ten, passed April fourteenth, eighteen hundred and sixty, and chapter three hundred and three, passed April seventeenth, eighteen hundred and sixty-one, and to divide the crime of murder into two degrees, and to prescribe the punishment of arson,” passed April twelfth, eighteen hundred and sixty-two, is hereby amended so as to read as follows: section five of said title shall be so altered as to read

as follows: Murder in

§ 5. Such killing, unless it be manslaughter, or excusable or justidegree. fiable homicide, as hereinafter provided, shall be murder in the first

degree, in the following cases: First, when perpetrated from a deliberate and premeditated design to effect the death of the person killed or of any human being. Second, when perpetrated by an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death

of any particular individual. Third, when perpetrated by a person Murder in engaged in the commission of any felony. Such killing, unless it be degree. murder in the first degree, or manslaughter, or excusable or justifiable

homicide, as hereinafter provided, shall be murder in the second degree when perpetrated intentionally, but without deliberation or premed

itation. Not retro- $ 2. Indictments and prosecutions now pending, or which may be active.

hereafter instituted for any offense which shall have been committed prior to the passage of this act, shall be instituted and proceeded with in all respects as if this act had not been passed.

the first

$ * This act shall take effect immediately. See People v. Balting, 49 How. 392; Shufflin v. People, 4 Hun, 16 ; aff'd, 62 N. Y. -9; Fitzgerrold v. People, 37 N. Y. 413, 685: Janvi v. People, 49 Barb. 548; Ruloff's Caxe, 11 Abh. Pr.

Acts dangerous to others. People v. Sherif, i Park. Cr. 659; Durry v. Perple. 10 X Y 120 ; Blake v. People (Ct. App ), 17 Alb. Law Jour. 202 ; People v. Buci, 18 lun, 487; aft'd, 78 X. Y. 492 ; People v. Cor, 19 Hun, 430 (all'd in Ct. App.).

215.

* So in the original,

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