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CHAP 889.
AN ACT authorizing the appointment of extra guard and an

engineer at the Auburn prison.

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. In addition to the number of guards now authorized by law at the Auburn prison, the Inspectors of State Prisons may when the number of convicts exceed in number the number of cells thereat, appoint one additional or extra guard for each thirty convicts or a fractional part thereof, which may be from time to time confined in said prison in excess of the number of cells therein, for the purpose of guarding such excess of convicts nights, and the compensation of such guard shall be the same as allowed by law to guards at said prison.

82. The Comptroller is hereby authorized and directed to allow payment for such extra guard that may have been employed at said prison since the first day of December, one thousand eight hundred and seventy-five, in guarding the excess of convicts over the number of cells in said prison, at the same compensation and in the same rates as provided for in section one of this act.

$ 3. The said Inspectors of State Prisons may appoint an engineer at the Auburn prison, and his compensation shall be seventy-five dollars per month.

§ 4. This act shall take effect immediately.

ch. 61,

CHAP 840.
AN ACT to amend the act entitled "An act to construct and

protect sidewalks along highways,” passed March tenth,
eighteen hundred and sixty.

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. Sections one and two of the act entitled “An act to Amending construct and protect sidewalks along highways,” passed March tenth, Law's 1860. one thousand eight hundred and sixty, are hereby amended so as to 3 Edm. 544. read as follows:

$ 1. It shall be lawful for any person owning or occupying lands Sidewalks adjoining a highway, road or lane, to construct a sidewalk within said to be conhighway, road or lane, along the line of such land or the lands of others, with the consent of such owner or owners, and when a sidewalk shall be or has been so constructed, every person or persons who sball ride, drive or lead a horse or team upon any such sidewalk, except for the purposes of crossing the same, shall forfeit not less than two nor more than five dollars for each offense, in the discretion of the court, one-half for the use of the complainant and the other half to the overseer of the road district, to be expended in the improvement of sidewalks therein, to be recovered in any court having cognizance thereof, with costs of suit.

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§ 2. Whenever any owner or occupant of any such land shall refuse or neglect to prosecute for the forfeiture incurred by such trespass, it shall be lawful for any other party or person interested or who shall reside in the said district in which the sidewalk is constructed, to prosecute in his own name the person or persons so incurring such forfeiture, the proceeds of which shall go, one-half to the prosecutor for his trouble and expense and the other half for the improvement of sidewalks, as in section first.

ance.

Amended 1877, ch. 321, post, p. 567.

CHAP. 341. Life insur- AN ACT regulating the forfeiture of life insurance policies.

PASSED May 15, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. No life insurance company doing business in the State of New York shall have power to declare forfeited or lapsed any policy hereafter issued or renewed, by reason of non-payment of any annual premium or interest, or any portion thereof, unless a notice in writing, stating the amount of annual premiums or interest due and when due on such policy, and the place where said premium or interest may be paid, shall have been duly addressed and mailed by the company issuing such policy to the insured, postage paid, at his or her last known post-office address, not less than thirty nor more than sixty days next before such payment becomes due, according to the terms of such policy.

§ 2. The aflidavit of any officer, clerk or agent of the company that the notice to the assured, provided for in section one, has been duly addressed and mailed by the company issuing such policy to the assured. shall be presumptive evidence of such notice having been duly given,

3. This act shall take effect immediately.

See chap. 347, L. 1879, post, p. 772.

CHAP 848.

AN ACT supplementary to chapter four hundred and ninety

two of the laws of eighteen hundred and seventy-four, entitled “An act to incorporate the Home for the Friendless in Northern New York."

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. The board of managers of the “Home for the Friend- Consent to less in Northern New York,” may consent to the adoption of any child of chil. that has been or may hereafter be surrendered to the care and management of such association, or that has been or shall hereafter be placed in its care and keeping by any county superintendent of the poor, or overseer of the poor, or other officer charged with the support and relief of indigent persons; and no other consent required by the act entitled An act to legalize the adoption of minor children by adult persons,” passed June twenty-fifth, eighteen hundred and seventy-three, except that required by the third section of said act, shall be necessary for the adoption of such child.

$ 2. This act shall take effect immediately. Ante, vol. 9, p. 779.

dren.

CHAP, 846.
AN ACT further to amend chapter four hundred and twenty-

five of the laws of eighteen hundred and fifty-five, entitled
* An act to facilitate the forming of agricultural and horti-
cultural societies."

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 four of chapter four hundred and twenty-five of Amend.ng the laws of eighteen hundred and fifty-five, entitled “ An act to facili- ch.425, tate the forming of agricultural and horticultural societies," is hereby 3 Edm. 765. further amended so as to read as follows:

§ 4. Any person who shall pay into the treasury of said society annually a sum not less than one dollar, as prescribed by the by-laws of members. said society, shall be an annual member thereof and entitled to all the privileges and immunities thereof. 8 2. This act shall take effect immediately. See ch. 512, L. 1875, ante, p. 172.

Laws 1855.

Annual

ch. 831, Laws 1871.

CHAP 847.
AN ACT to amend chapter eight hundred and thirty-one of

the laws of eighteen hundred and seventy-one, entitled " An
act for the protection of private parks and grounds, and to
encourage the propagation of fish and game."

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 third section of chapter eight hundred and thirty

one of the laws of eighteen hundred and seventy-one, being an act 9 Edm. 208. entitled “An act for the protection of private parks and grounds, and

to encourage the propagation of fish and game," is hereby amended so

as to read as follows: Penalty

§ 3. Any person who shall cut, break or destroy any fence or inclosfor inju. ure, or any tree, branch, shrub or underwood, or shall put on said res to private

grounds, or in the waters thereon, any poisonous or other deleterious parks, etc. substance, or who shall trespass upon said park or grounds shall, in

addition to treble damages to be recovered in a civil action to be brought by said owner, lessee or occupant, be guilty of a misdemeanor.

8 2. The fourth section of said act is hereby amended so as to read as follows:

§ 4. Any person who shall willfully and maliciously deface or destroy any sign or notice posted or put up as aforesaid, or who shall place any object against or near such fence or inclosure, so that dogs or other animals can gain access or get into said park or grounds, or so that animals kept therein can escape therefrom, or who shall put or take into said park or grounds any dog or other destructive animal, or who shall, without first obtaining permission of such owner, occupant or lessee, shoot, fish or hunt, or attempt to shoot, fish or hunt, upon said grounds or in the waters thereon, or who shall be found therein or thereon with any line, hook, rod, reel, pole, net, gun, or any implement, weapon, tool or engine with the intention of killing or taking

any fish or game, shall be guilty of a misdemeanor, and shall also be liable to a penalty of two dollars for each fish, and an additional fine of five dollars for each and every pound of fish so killed, caught or taken, in addition to treble damages, to be recovered in a civil action, with costs, t, be brought by said owner, lessee or occupant.

8 3. The sixth section of said act is hereby amended so as to read as

follows: Justices to

§ 6. Upon complaint made on oath to any justice of the peace or have juris- other magistrate in the county wherein such land or any part thereof is

situated, that any person has committed any of the offenses specified in the third or fourth sections of this act, such justice or magistrate

shall issue his warrant for the apprehension of the offender, and cause Arrest

him or her to be brought before him for examination. But any perwithout son found in or on such land or the waters thereon, after sunset and

before sunrise, committing any of the offenses specified in sections third and fourth of this act, may be arrested without warrant and brought before such justice or magistrate for examination by such owner, occupant or lessee, or by any person or persons in his or her employ having charge or care of such grounds or waters, or any part thereof.

:

warrant.

$ 4. The ninth section of said act is hereby amended so as to read as follows:

$ 9. No conviction or sentence shall be had, under the provisions Trial by of this act, without trial by jury of the party arrested, if demanded, jury. according to the law in cases of trial for other misdemeanors. All Recovery fines, penalties and damages imposed under the provisions of this act and penalmay be recovered with costs of suit by the owner, occupant or lessee of ties. the land in his, her or their own names, by an action in the Supreme Court, or any court of competent jurisdiction of this State, which action shall be governed by the same rules as other actions in said Supreme Court or other court of record. On the non-payment of any Imprisonjudgment recovered in pursuance hereof, the defendant shall be committed to the common jail of the county in which such action shall be ment of

judgment. brought, for the period which shall be computed at the rate, one day for each dollar of the amount of judgment, not to exceed thirty days. See L. 1879, chap: 534, and L. 1880, chap. 531, post, pp. 820, 1046.

non-pay

CHAP 848.

AN ACT to amend section thirty-two, part first, title one, arti-
cle three, chapter sixteen of the Revised Statutes.

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 thirty-two of the Revised Statutes, entitled Of

Amending highways, bridges and ferries, is hereby amended so as to read as 1R 5.508. follows:

1 Edm. 468. $ 32. It shall be the duty of overseers of highways to give at least Notice to twenty-four hours' notice to all persons assessed to work on the high- work. ways and residing within the limits of their respective districts, of the time and place where they are to appear for that purpose, and with what implements, and also that they will be allowed for work at the rate of eight hours per day for all the hours for which they may work on the highways between the hour of seven o'clock in the forenoon and six o'clock in the afternoon. The highway tax upon any land or property When shall be worked out or commuted for in the district in which said land work to be or property is situated, and if commuted for, the money shall be paid to the overseer of said district for the benefit of the roads and bridges in said district; but this act shall not apply to or affect any county, city, village, town or district where the disposition of the highway tax has been provided for by special enactment.

8 2. This act shall take effect immediately.

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