CHAP. 35. surrogates. AN ACT to amend chapter seven hundred and sixty-seven of County the laws of eighteen hundred and seventy-two, entitled "An judges and act to establish the compensation of county judges and surrogates pursuant to the fifteenth section of the amended sixth article of the constitution." PASSED March 6, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Laws of 1872.sec. 3. chap. 76. 9 Edm.473. SECTION 1. Section three of chapter seven hundred and sixty-seven, Amending of the laws of eighteen hundred and seventy-two, entitled "An act to establish the compensation of county judges and surrogates, pursuant to the fifteenth section of the amended sixth article of the constitution," is hereby amended so as to read as follows: §3. The salaries of the county judges, who perform the duties of judges and the office of surrogate, are hereby fixed in the counties named and at surrothe sums stated as follows: Salaries of County gates. Warren In the counties of Warren, Franklin, Schenectady, Wayne, Rockland, and other Lewis and Delaware, two thousand dollars each. counties $2,000. and others In the counties of Chenango, Madison, Greene, Herkimer, Living- Chenango ston, Montgomery, Chemung and Broome, three thousand dollars each. $3,000. In the counties of Steuben and Richmond, three thousand five hun- Steuben dred dollars each. and others $3,500. In the counties of Schoharie, Cortland, Sullivan, Genesee, Essex, Schoharie Orleans, Tioga, Tompkins, Wyoming and Suffolk, two thousand five and others $2,500. hundred dollars each. In the counties of Putnam, Yates and Schuyler, one thousand five Putnam hundred dollars each. and others $1,500. Seneca $1,000. In the county of Seneca one thousand dollars. dollars. $2,750. $2,250. Hamilton In the county of Fulton, two thousand two hundred and fifty dollars. Fulton In the county of Hamilton, eight hundred dollars. Whenever in any county where there is now a separate county judge $800. and surrogate, the supervisors shall decide to have but one officer to Provision act as county judge and surrogate, the salary of such officer shall be ties where five hundred dollars less than the aggregate salary herein allowed to offices are the county judge and surrogate of such county. § 2. This act shall take effect on the first day of January, eighteen hundred and seventy-eight. Ch. 401, post, p. 427, also amends § 3 of the act of 1872, but as the above act went into effect at a later date, it is to be considered as the one now in force. See Beckwith v. Whalen, 65 N. Y. 322. 48 for coun separate. Negotiable instruments given for patent right. Punish ment for disobeying. Limitation. CHAP. 65. AN ACT to regulate the execution and transfer of negotiable instruments given for patent rights. PASSED March 28, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Whenever any promissory note or other negotiable instrument shall be given, the consideration of which shall consist in whole or in part of the right to make, use or vend any patent invention or inventions, claimed or represented by the vendor at the time of sale to be patented, the words "given for a patent right," shall be prominently and legibly written or printed on the face of such note or instrument above the signature thereto; and such note or instrument in the hands of any purchaser or holder shall be subject to the same defenses as in the hands of the original owner or holder. § 2. If any person shall take, sell or transfer any promissory note or other negotiable instrument not having the words "given for a patent right," written or printed legibly and prominently on the face of such note or instrument, above the signature thereto, knowing the consideration of such note or instrument to consist in whole or in part of the right to make, use or vend any patent invention or inventions, claimed as aforesaid to be patented, every such person or persons shall be deemed guilty of a misdemeanor. § 3. This act shall not apply to a promissory note given solely for the purchase price or the use of a patented article. Similar statutes were held unconstitutional in Helm v. Bank, 43 Ind. 167; S. C., 13 Am. Rep. 395; Crittenden v. White, 23 Minn. 24; S. C., 23 Am. Rep. 677; Hollida v. Hunt, 70 II. 109; S. C., 22 Am. Rep. 63; Grover & Baker Machine Co. v. Butler, 53 Ind. 454; S. C., 21 Am. Rep. 200; Wood Mowing Machine Co. v. Caldwell, 54 Ind. 270; S. C., 23 Am. Rep. 641. But see decision of U. S. Sup. Ct. in Patterson v. Commonwealth, 19 Alb. L. J. 156. Banks. Amending ch. 475, Laws 1867. CHAP. 69. AN ACT to amend chapter four hundred and seventy-five of the laws of eighteen hundred and sixty-seven, entitled "An act enabling national banking associations to become state banking associations, and to amend the banking laws of this state." PASSED March 29, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section three of chapter four hundred and seventy-five of the laws of eighteen hundred and sixty-seven, entitled "An act enabling national 7 Edm. 107. banking associations to become state banking associations and to amend the banking laws of this state," is hereby amended so as to read as follows: Circulat § 3. Nothing in the banking laws of this state shall be construed as requiring notes. ing any banking association or individual banker to issue circulating notes, but every banking association and individual banker not having given notice of intention to close the business of banking, and not having made a deposit of cash to redeem its circulating notes, and whose outstanding circulation Deposit in does not exceed ten thousand dollars, is hereby required to keep on deposit, partment. in the bank department, in addition to the deposit now required to secure the bank de circulating notes of said bank stock of this state, or of the United States, bearing interest at a rate of not less than four and one-half per cent, to the amount of five thousand dollars, and the same shall be held by the superintendent of the bank department as a pledge of good faith, and guaranty of compliance with the banking laws of this state, on the part of such banking association or individual banker, and the proceeds of such stock, or the interest thereof, or so much thereof as may be necessary, may be applied by the superintendent to the payment of any penalty incurred by, or the assessment imposed upon, the banking association or individual banker, for whom such deposit is held, in lieu of the remedy by suit at law, heretofore given by the banking laws of this state, to the superintendent, for the enforcement of penalties or the collection of lawful assessments. The provisions of sec- Laws 1844, tion one, chapter two hundred and eighty-one, laws of eighteen hun- ch.281, § 1, dred and forty-four, relative to depositing securities with the superin- apply. tendent of the bank department, shall not apply to banking associations or individual bankers that issue no circulating notes. §2. This act shall take effect immediately. not to CHAP. 85. AN ACT in relation to the superintendent of public works. PASSED March 30, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Oath. Bond. SECTION 1. The superintendent of public works, to be appointed by the gov- Salary and ernor, by and with the advice and consent of the senate, shall receive a salary expenses. of six thousand dollars per annum, together with all traveling expenses necessarily and actually incurred, to be audited, allowed and paid monthly by the auditor of the canal department. Before he shall enter upon the duties of his office, he shall take and subscribe the constitutional oath of office and file the same in the office of the secretary of state, and shall execute a bond to the people of this state, in the penal sum of fifty thousand dollars, with two or more substantial freeholders of this state as sureties, who shall, in the aggregate, justify in double the amount of the penalty of said bond, conditioned for the faithful discharge of the duties of his office and for truly accounting for all moneys intrusted to him as such superintendent, which bond shall be subject to the approval of the auditor, and when so approved shall be filed in the office of the auditor, and shall be renewed whenever and as often as the board. same shall be required by the governor. And said superintendent of public Members works, as a member of the canal board, shall be entitled to one vote only. of canal § 2. The assistant superintendent or superintendents to be appointed Assistant by the superintendent of public works shall each receive a salary of superinthree thousand dollars per annum, together with all necessary traveling Salary. tendents. Oath. Bond. expenses, to be audited, allowed and paid monthly by the auditor of the canal department by his warrant upon the treasurer. Before either of them shall enter upon the duties of his office he shall take and subscribe the constitutional oath of office, and file the same in the office of the secretary of state, and shall execute a bond to the people of this state, in the penal sum of twenty thousand dollars, with two or more substantial freeholders of this state as sureties, who shall in the aggregate justify in double of the amount of the penalty of the bond, conditioned for the faithful discharge of the duties of his office, and for truly accounting for all moneys intrusted to him as such assistant superintendent, which bond shall be subject to the approval of the auditor, and when so approved shall be filed in the office of the auditor, and shall be renewed whenever and as often as the same shall be required by the superintendent of public works. §3. This act shall take effect immediately. fees. CHAP. 89. Constable's AN ACT further to amend chapter six hundred and ninetytwo of the laws of eighteen hundred and sixty-six, entitled "An act fixing the fees of justices of the peace and constables in civil and criminal cases, and the fees of jurors and witnesses in justices' courts and for other purposes.' Amending ch.692, §8. PASSED April 2, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section eight of chapter six hundred and ninety-two of Laws 1866, the laws of eighteen hundred and sixty-six, entitled "An act to amend 6 Edm.803. an act fixing the fees of justices of the peace and constables in civil and criminal cases, and the fees of jurors and witnesses in justices' courts, and for other purposes," is hereby amended so as to read as follows: Consta § 8. Constables shall hereafter be allowed the fees hereinafter stated bles' fees. for the following services in criminal cases; for serving a warrant seventy-five cents; for every mile traveled, going and returning, ten cents; for taking a defendant into custody on a mittimus, twenty-five cents; for every mile traveled in taking a prisoner to jail, going and returning, ten cents; for serving every subpoena, twenty-five cents; for every mile traveled in serving each subpoena, going and returning, five cents; for notifying a complainant, twenty-five cents; for every mile traveled in notifying a complainant, five cents, going and returning; for keeping a prisoner after being brought before the justice, and by his direction in custody, one dollar per day; for taking charge of a jury during their deliberations, fifty cents; for attending any court pursuant to a notice from the sheriff for that purpose, two dollars for each day, and five cents a mile for each mile traveled, in going to and returning from such court; which fees shall be chargeable to the chargeable county, and shall be paid by the treasurer thereof on the production to county. of the certificate of the clerk, specifying the number of days and distance traveled. Fees § 2. This act shall take effect immediately. CHAP. 101. AN ACT to provide for making, to the New York infirmary for women and children, allowances and payments for the care and maintenance of lying-in and nursing women. PASSED April 6, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Allow ances from treasury. SECTION 1. Whenever any homeless, or needy mother has received care and attendance in the lying-in wards of the New York infirmary city for women and children, the managers of said infirmary shall be entitled to receive, and shall receive from the public treasury and funds of the city of New York, the sum of twenty-five dollars, for said care and obstetric attendance in each of said cases. And whenever any mother thus domiciled and attended at the birth of her child, and whenever any other homeless or needy mother with a nursing infant, resides at said infirmary at the request of or by permission of its officers, and wet nurses her own infant, the managers of said infirmary shall be entitled to receive, and shall receive, as aforesaid, the sum of eighteen dollars per month, and proportionally for any fraction of a month, for each mother so remaining under their charge in said institution; provided such residence shall exceed the period of two months. The several payments herein before mentioned shall be made monthly, quar- Payments, terly or annually, as the officers of said infirmary shall request the how made. comptroller of said city in writing; and provided further, that said Limitation institution shall not be entitled to receive the said monthly allowance on allowof eighteen dollars for a longer period than for one year, for any mother so remaining continuously. §2. In each and every year after this act shall take effect, the board of supervisors of the city and county of New York, or the officers or board charged by law, with the duty of levying and collecting taxes, shall levy and collect by tax at the same time and in the same manner as the contingent charges and expenses of said city and county are levied and collected, such sum or sums as shall provide for the several payments in the first section of this act provided, and it shall be the duty of the comptroller and chamberlain of said city, and of all other officers charged by law with the duty of making payments out of the treasury of said city, to make said payments as in said first section of this act is provided. §3. This act shall take effect immediately. CHAP. 102. AN ACT to provide the state library with the proceedings of boards of supervisors. PASSED April 6, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The clerk of the board of supervisors in each county of this state shall transmit to the librarian of the state library, at Albany, a copy of the proceedings of such board, annually and within twentydays after the same shall be published. § 2. This act shall take effect immediately. ance. Tax to and col be levied lected therefor. |