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tions,

Clerks.

Rules and 8 5. The superintendent shall make such rules and regulations for regula- the government of the officers, keepers, guards, inatrons and teachers

of the prisons, and in regard to the duties to be performed by them and for the government and punishment of the convicts as he may deem proper. The clerks of the several prisons shall conform to the rules established by the said superintendent, and shall perform their duties under the direction of the agent and warden, in such manner as

shall be prescribed by the comptroller. System of $ 6. The system of labor in the state prisons shall be by contract or labor. by the state, or partly by one system and partly by the other, as shall

be in the discretion of the superintendent deemed best. Agent and $7. The agent and warden of each prison shall appoint (excepting warden, appoint

the physician, chaplain and clerk) all officers, keepers, guards, matrons ments by. who may be either married or single women, and teachers of such

prison, subject to the approval of the same by the superintendent, and shall have the power to remove the same. The said agent and warden of each prison shall be allowed rations from the prison stores for him

self and family. Contracts $ 8. Contracts for the purchase of materials and supplies for the for purchase of

prisons and for convict labor and for the sale of property manufactured materials, at the prisons may be entered into by the agent and warden, subject to the approval of the superintendent.

Amended Laws 1877, chap. 253, post, p. 410. Superin

$ 9. It shall be the duty of the superintendent, on or before the tenth report toe day of January in each year hereafter, to report to the legislature in annually, writing the condition of each of the prisons, the number of convicts before

confined and for what offenses, the moral, intellectual and physical January 10th, in condition of the convicts and how employed, the amount of money exwriting, condition pended and how, in detail, the amount of money earned and how, in of prisons. detail, the amount paid into the treasury, and such other matters as

may seem pertinent and proper in the judgment of the superintendent. Acts in

§ 10. Alì acts and parts of acts inconsistent with provisions of this repealed. act are hereby repealed.

8 11. This act shall take effect immediately.

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AN ACT to confirm the title of certain persons to real estate questioned by reason of alienage of former owners.

Passed April 11, 1877; by a two-third vote. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Confirma- SECTION 1. The right, title or interest of any citizen or citizens of this state tion of

in or to any lands within this state now held or hereafter acquired shall not rights, etc.

be questioned or impeached by the reason of the alienage of any person or Proceed

from or through whom such title may have been derived; provided,

persons ings for

however, that nothing in this act shall affect the rights of the state in any case escheats in which proceedings for escheat have been instituted. affected. $ 2. Nothing in this act shall affect or impair the right of any heir, devisee, Rights of mortgagee or creditor by judgment or otherwise. certain

$ 3. This act shall take effect immediately. parties not affected. See L. 1875, ch. 336, ante, p. 115. Vol. 9, pp. 334, 359; vol. 3, pp. 341-2 ; vol. 4, p. 298, et seq.

not

CHAP 186.
AN ACT supplementary to chapter two hundred and seventy.

three of the laws of eighteen hundred and sixty-six, entitled
“An act authorizing the incorporation of associations to
erect monuments to perpetuate the memory of soldiers who
fell in defense of the Union,” passed March thirty, eighteen
hundred and sixty-six.

PASSED April 14, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. In cases where any association mentioned in an act, en. Monument titled “ An act authorizing the incorporation of associations to erect associamonuments to perpetuate the memory of soldiers who fell in defense of the Union,” has been formed or shall hereafter be formed, such association may erect as the monument contemplated by said act a memorial hall or building and may take and hold the real estate, not to exceed in amount the sum of twenty-five thousand dollars, said real estate not to be exempted from taxation. 82. This act shall take effect immediately.

Ante, p. 47. Vol. 6, p. 713.

tions,

CHAP 156. AN ACT further to amend chapter two hundred and eighty Cemeteries

of the laws of eighteen hundred and fifty-two, entitled - An act further to amend the act entitled 'An act authorizing the incorporation of rural cemetery associations,' passed April twenty-seventh, eighteen hundred and forty-seven.

PASSED April 17, 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 fourth section of chapter two hundred and eighty Amending of the laws of eighteen hundred and fifty-two, entitled “ An act further chars: 2003 to amend the act entitled . An act authorizing the incorporation of 3 Edm. 762. rural cemetery associations,' passed April twenty-seventh, eighteen hundred and forty-seven,” is hereby amended so as to read as follows:

§ 4. Any such incorporation desiring to use any lands for cemetery Notice of purposes or take a conveyance thereof, shall cause notice to be pub

applicaIished once a week for six weeks in two newspapers published in the leave to county and having the greatest circulation in the county in which such take lands. lands are situated, of their intention to apply to the board of supervisors of such county, stating the time at which such application will be made for the consent mentioned in the first section of this act. Such notice shall contain a brief description of the lands for which such consent is asked and also their location and the number of acres. At such meet- Consent ing, upon due proof of the publication of the notice above mentioned, the applicants and remonstrants, if any, may be heard in person and by counsel, and thereupon, if such board shall grant consent, it shall be lawful for such incorporation to take and hold the lands designated in such consent not exceeding two hundred and fifty acres in any county. § 2. This act shall take effect immediately.

tion for

Foreign corporations.

May purchase at mortgage forecloswre.

CHAP 158.
AN ACT extending to corporations located in and organized

under the laws of other states, certain rights and powers
now possessed by similar corporations of this state.

PASSED April 17, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. It shall be lawful for any corporation, duly organized under the laws of any state in which such corporation shall be located, to purchase under any foreclosure sale based upon any mortgage or mortgages owned by such corporation, or upon judgments or decrees obtained or rendered for debts due to it, or in any settlement effected to secure such debts, any of the lands lying within this state that may be covered by or subject to such mortgages, judgments, decrees or settlements, and also to hold for a term not exceeding five years from the date of such purchase, and to convey such lands by deed or otherwise, in the same manner as though such corporation had been organized under the laws of and located within this state.

8 2. This act shall take effect immediately.

CHAP 161.

6 Edm. 351.

AN ACT to amend chapter five hundred and fifty-five, laws

of eighteen hundred and sixty-four, entitled "An act to revise and consolidate the general acts relating to public instruction."

PASSED April 17, 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 seven, of title nine, of chapter five hundred and Laws 1864. fifty-five, of the laws of eighteen hundred and sixty-four, except so far

as it affects the towns of Cortland and White Plains, in the county of

Westchester, is hereby amended so as to read as follows: Boards of 87. The said boards of education are hereby severally created bodies education corporate, and each shall, at its first meeting, and at each annual porate. meeting thereafter, elect one of their number president. They may,

with the advice and consent of a majority of the legal voters entitled to vote on questions of taxation, to be had at an annual meeting of the inhabitants, appoint a clerk to the board. Such appointed clerk must be a resident of the district, and a person other than a trustee or a teacher in the employ of the board. The clerk so

appointed shall be the general librarian of the district, and also perSalary. form all the clerical and other duties pertaining to his office. For his

services he shall be entitled to receive a salary, which shall not be greater than twenty-five cents a year for each scholar, to be computed from the actual average daily attendance for the previous year, as set forth in the annual report to the school commissioner, or less, as as in the best judgment of said legal voters to be had at such annual meeting ; such consent and approval not to be for a longer period of time than one year. In case no provision is made at an annual meet

Clerk.

* So in the original.

ing of the inhabitants for the appointment and payment of a clerk,
then and in that case the board will appoint one of their own number
to act as clerk. In districts other than those whose limits correspond Treasurer
with those of any city or incorporated village, said board shall have collector.
power to appoint one of the taxable inhabitants of their district treas-
urer, and another collector of the moneys to be raised within the same
for school purposes, who shall severally hold such appointments during
the pleasure of the board. Such treasurer and collector shall each,
and within ten days after notice in writing of his appointment, duly
served upon him, and before entering upon the duties of his office, ex-
ecute and deliver to the said board of education a bond, with such
sufficient penalty and sureties as the board may require, conditioned
for the faithful discharge of the duties of his office. And in case such
bond shall not be given within the time specified, such office shall
thereby become vacant, and said board shall thereupon, by appoint-
ment, supply such vacancy.

CHAP 168.

AN ACT to amend chapter three hundred and ninety-five of

the laws of eighteen hundred and fifty-nine, entitled “An act in relation to the colonial history of the state, and the natural history thereof."

PASSED April 17, 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 three of chapter three hundred and ninety-five, of the laws of eighteen hundred and sfty-nine, entitled “An act in relation to the colonial history of the state, and the natural history thereof,” is hereby amended so as to read as follows:

$ 3. The volumes of the natural history of the state hereafter to be Volumes published shall, when sold, be disposed of at not less than two dollars of natural

history. and fifty cents each, instead of the price now fixed by law; provided, always, that all colleges, academies, scientific institutions and library Proviso. associations, which own the volumes already published, or the greater part of then, shall have the right to complete their sets on the terms heretofore established for that purpose. And the conditions applicable to colleges, academies and scientific institutions, shall be extended to the author of said volumes of natural history, who shall have the privilege of purchasing such copies, not exceeding one hundred in number, of any and every volume, as he may need for completing any sets in his possession, and for presentation to scientific correspondents and societies.

§ 2. This act shall take effect immediately.

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Commis

CHAP 164.
AN ACT to amend chapter four hundred and forty of the

laws of eighteen hundred and seventy-three, entitled “An
act requiring commissioners of highways to act as inspec-
tors of plank-roads and turnpikes.”

PASSED April 18, 1877. The People of the State of New York, represented in Senate and

Assembly do enact as follows: Amending SECTION 1. Section three of chapter four hundred and forty of the chwest 0873. laws of eighteen hundred and seventy-three, entitled “ An act requir9 Edm.612. ing commissioners of highways to act as inspectors of plank-roads

and turnpikes," is hereby amended so as to read as follows:

83. It shall be the duty of said officers to personally inspect the whole higherays of such plank or turnpike roads or such part thereof as lie in their reto inspect spective towns, villages or cities, at least once in each month, and in plank and turnpike case the same shall be out of repair, or in such condition that the roads and to give

same cannot be conveniently used by the public, to give notice in writing notice to thereof immediately to the toll-gatherer, or person attending the gate repair.

nearest to each place out of repair, or in bad condition, to cause such road to be put in good condition within forty-eight hours from the service of such notice or in default thereof, to order the toll gate or gates upon said road to be immediately thrown open, and such gate or gates shall not be closed until such road shall be fully repaired, or be

in proper condition, to the satisfaction of said officers, or a majority What

thereof. The notice to said toll-gatherer shall point out the part of notice to

such road to which the said officers shall object. The fees of each of point out. Fees for

said officers for the services in this section mentioned shall be two dolsaid

lars for each day actually employed in such service, to be paid by the services.

corporation or persons whose road shall be so inspected by said officers, in case they shall order said toll-gate or gates to be thrown open, but

otherwise, to be charged, audited and paid in the same manner as the Appeal.

other fees and expenses of commissioners of highways. Any party feeling himself aggrieved by the order of said plank-road inspectors, may appeal therefrom to the county court of the county in which the

part of the road embraced in said order is situated, said appeal to be Notice of brought within twenty days after the service of said order. The notice appeal.

of appeal shall be served upon one of said inspectors and a copy thereof shall be filed in the county clerk's office. The appeal may be brought on to hearing upon a notice of not less than five days, and

the county court shall always be open for the purpose of hearing and Hearing. determining such appeal. "The said court shall proceed to hear said

appeal, and after hearing the proofs and allegations of the parties, may
attirm, reverse, or modily said order. During the pendency of such
appeal, said toll-gate or gates shall remain open.
§ 2. This act shall take effect immediately.

See Syracuse, etc., Plank-road Co. v. People, 66 Barb. 25; Suydam v. Smith,

52 N. Y.383; Braden v. Berry, 20 Wend. 55. This act was repealed as to Clinton, Chenango, Seneca, Queens, Orange, Essex, Cayuga, Madison and Steuben counties, by Laws 1874, ch 224 ; as to Montgomery county, by Laws 1875, ch. 530, ante, p. 177; as to Ulster and Rensselaer counties, by Laws 1876, ch. 416, ante, p. 332 Madison County was again made subject to the provisions by ch. 374, L. 1877; UIster county by ch. 176, L. 1878.

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