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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- cb281, $ 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.

82. This act shall take effect immediately.

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:

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

Oath. 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

Bond. 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 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

8 2. The assistant superintendent or superintendents to be appointed board, by the superintendent of public works shall each receive a salary of superin three thousand dollars per annum, together with all necessary traveling Salary.

.

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 penul 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.

Copsta

CHAP 89. Constable's AN ACT further to amend chapter six hundred and ninety

two 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.”

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 : Amending SECTION 1. Section eight of chapter six hundred and ninety-two of ca. 492.866. 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:

$ 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 subpæna, twenty-five cents; for every mile traveled in serving each subpæna, 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.

§ 2. This act shall take effect immediately.

Fees

ances from

treasury

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 :

AllowSECTION 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 intirmary 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 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 Tax to of supervisors of the city and county of New York, or the officers or and colboard charged by law, with the duty of levying and collecting taxes,

therefor. 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.

Limitation

ance.

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.

Laws of 1871, ch. 560,

ing con

gauge

sub

CHAP 108. Railroads.

AN ACT to facilitate the construction of narrow gauge rail

road, and to amend chapter five hundred and sixty of the laws of eighteen hundred and seventy-one, entitled “ An act to amend an act entitled 'An act to authorize the forniation of railroad corporations and to regulate the same,' passed April second, eighteen hundred and fifty."

PASSED April 6, 1877. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Amending SECTION 1. Section five of chapter five hundred and sixty of the

laws of eighteen hundred and seventy-one, entitled “ An act to amend

an act entitled 'An act to authorize the formation of railroad corpora9 Edm. 99. tions and to regulate the same,” passed April second, eighteen hundred

and fifty,” is hereby amended so as to read as follows: Authoriz- $ 5. Corporations may be formed under the act entitled “An act to

authorize the formation of railroad corporations and to regulate the struction of narrow same,” passed April second, eighteen hundred and fifty, for the purroads.

pose of constructing and operating railroads for public use in transport

ing persons and property, of the gauge of three feet and six inches or Capital less, but not less than thirty inches within the rails, whenever capital mile to be stock of said corporation to the amount of one thousand dollars for

every mile of such railroad proposed to be constructed and operated scribed.

has been in good faith subscribed ; and whenever one thousand dollars Amount to or more for every mile of such railroad proposed to be constructed be paid. in, etc. shall be in like manner subscribed, and ten per cent thereon in good

faith actually paid in cash to the directors named in the articles of association, and an affidavit made by at least three of said directors, and indorsed on or annexed to said articles, that the amount of stock hereby required has been so subscribed, as aforesaid, and ten per cent thereon paid, as aforesaid, and that it is intended in good faith to con

struct and operate such railroad, then said articles, with such affidavit, Filing of may be filed and recorded in the office of the secretary of state, provided etc.

said articles contain all the other facts required by law to be stated in articles of association made for organizing railroad corporations under said act, entitled " An act to authorize the formation of railroad cor

porations and to regulate the same," passed April second, eighteen Amount of hundred and fifty, except that the amount of the capital stock of the required

company, stated in said articles, shall be not less than four thousand per mile for every

dollars for every mile of road constructed, or proposed to be constructed, mile con- and all of the provisions of said last-mentioned act shall apply to corstructed.

porations formed for the construction and operating of railroads of the gauge hereinabove mentioned, except as herein provided or otherwise provided by law.

$ 2. Section sixth of said act is hereby amended so as to read as fol

lows: Appoint- 8 6. Any railroad company duly organized according to law, when commis- the gauge of its proposed railroad shall be three feet and six inches or sioners to less, but not less than thirty inches within the rails, may whenever right of two-thirds of the capital stock thereof has been in good faith subscribed way, etc

and ten per cent thereon paid in good faith, in cash, apply to the supreme court, in the manner provided by law, for the appointment of commissioners, and all subsequent proceedings may be had to obtain

articles,

ment of

the title of lands necessary for the construction and maintenance and operating said railroad, to the same extent and in the same manner as if the whole amount of the capital stock specified in its articles of association was in like manner subscribed, and ten per cent thereof in like manner paid in cash, and may lay upon such road iron of a weight not less than forty pounds to the lineal yard. Such railroad company may Fare. charge and receive when its road is not more than twenty-five miles in length not exceeding five cents per mile ; when its road is more than twenty-five and not more than forty miles in length not exceeding four cents per mile, and when its road is more than forty miles in length not exceeding three cents per mile, for each passenger and his ordinary baggage transported on said road, provided that nothing relating to Proviso. fares in this section shall apply to railroad companies now incorporated or to any railroad now in operation, or to any railroad or part thereof located or to be located in the county of Kings or within the limits of any incorporated city. $ 3. This act shall take effect immediately.

Amended 1879, ch. 293, post, p. 759.

CHAP 107.

p. 410.

wardens,

AN ACT in relation to the superintendent of state prisons,

and for the more efficient and economical management of said prisons.

Passed April 11, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Amended Assembly, do enact as follows:

253, post. SECTION 1. The superintendent of state prisons shall have his office omice to in the city of Albany. He shall have power and it shall be his duty city of to inquire into all matters connected with said prisons, and he shall Albany. have the management and control of said prisons and of the convicts General therein, and of all matters relating to the government, discipline, police, and duties. contracts and fiscal concerns thereof.

§ 2. The superintendent shall appoint the agents and wardens, phy- Agents, sicians and chaplains of the prisons, as provided in the constitution; and he may remove them from office whenever, in his judgment, the appointpublic interests shall so require. He may designate such number of

Removals. the officers, keepers, guards or matrons as he may deem necessary for May direct the safe-keeping of the convicts, or for.the maintenance of discipline, certain to reside at the prisons, and the persons so designated shall be boarded reside at at the expense of the said prisons, deduction being made for the same

prisons.

Board, in the amount of salaries paid such officers, keepers, guards and matrons.

$ 3. The said superintendent may leave vacant any subordinate salaries. office, now established by law, in either of the state prisons, which he certain shall consider unnecessary for the protection of the property of the be left state or for the safe-keeping of the convicts.

vacant by. $ 4. The compensation of the several officers, keepers, guards, ma- Compensatrons and teachers shall be fixed and determined, from time to time, cers to be by the superintendent; provided, however, that in no case shall the fixed by.

Proviso. amount exceed the compensation now allowed by law.

ment of

etc., to be deducted from

offices may

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