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CHAP 167. AN ACT in relation to the indictment and punishment of criminal offenses committed on railroads within the state.

PASSED April 20, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. When any crime or offense shall have been committed Indlotwithin this state, on, in or on board of any railroad train or railroad ment for car making any passage or trip on or over any railroad in this state, or committed in respect to any portion of the lading or freight of any such railroad roads. train or railroad car, an indictment for the same may be found in any county through which, or any part of which, such railroad train or railroad car shall pass, or shall have passed, in the course of the same passage or trip, or in any county where such passage or trip shall terminate or would terminate if completed; and such indictment may be tried and a conviction thereon had, and all other proceedings to bring the offender to punishment may be had, in any such county, in the same manner and with the like effect as in the county where the offense or crime was committed.

8 2. This act shall take effect immediately.

2 R. S. 145. 2 Edm.151

CHAP 168.
AN ACT to amend section forty-two of article third, title one,

of chapter eight, of part second of the revised statutes, en-
titled “Of divorces dissolving the marriage contract.”

PASSED April 20, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section forty-two of article third, title one, chapter Amending eight, part second of the revised statutes, entitled “Of divorces dissolving the marriage contract,” is hereby amended so as to read as follows:

$ 42. Although the fact of adultery be established, the court may Cases in deny a divorce in the following cases : 1. Where the offense shall appear to have been committed by the may be

denied, procurement, or with the connivance of the complainant.

although 2. Where the offense charged shall have been forgiven by the injured adultery party, and such forgiveness be proved by express prouf, or by the vol- proved. untary cohabitation of the parties, with the knowledge of the fact.

3. Where there shall have been no express forgiveness and no voluntary cohabitation of the parties, but the suit shall not have been brought within five years after the discovery by the complainant of the offense charged.

4. Where it shall be proved that the complainant has also been guilty of adultery under such circumstances as would have entitled the defendant if innocent to a divorce.

And in every suit brought for a divorce upon the ground of adultery,

which divorce

judgment shall not be rendered for the relief demanded or for any part
thereof, until the plaintiff shall have produced to the court, satisfac-
tory proof that there is no judgment or decree for a divorce upon the
ground of adultery, against the plaintiff in favor of the defendant in
any of the courts of this state, and the plaintiff shall be a competent
witness to prove such fact.

82. This act shall take effect immediately.
The amendment consists in the addition of the last paragraph of section 1. See
Deitz v. Deitz, 4 T. & C. 565; S. C., 2 Hun, 339. Repealed 1880, ch. 245. See
Co. Civ. Proc., SS 1757-8.

ch. 737, Lawy 1873.

how

CHAP 171.
AN ACT to amend chapter seven hundred and thirty-seven of

the laws of eighteen hundred and seventy-three, entitled
“An act in relation to the creation and formation of water-
works companies in towns and villages of the state of New
York.”

PASSED April 24, 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 two of chajiter seven hundred and thirty-seven

of the laws of eighteen hundred and seventy-three, entitled “ An act 9 Edm. 715. in relation to the creation and formation of water-works companies in

towns and villages of the state of New York,” is hereby amended so

as to read as follows: Com

§ 2. Whenever any persons to the number of seven or more shall panies,

organize for the purpose of forming a water-works company in any of formed. the towns or villages of this state, they shall present to the town or

village authorities an application, setting forth the persons who propose to form said company, the proposed capital stock thereof, the proposed number and character of the shares of such capital stock, and the name or names of the streams, ponds, springs, lakes or other sources, and their locations, from which water is to be supplied. Such applications shall be signed by the persons who propose to form said company, and shall contain a request that the said town or village authorities shall consider the application of said company to supply said

town or village of this state, or the inhabitants thereof, with pure and Authori- wholesome water. Upon the presentation of such application, the

authorities of any town or village, which authorities are for the purapplica- poses of this act defined to consist for incorporated villages and towns,

the board of trustees and supervisor, and for all other towns, the supervisor, justices of the peace, town clerk and commissioners of highways. Said authorities shall, within thirty days of the presentation of said application, determine by a vote of a majority of the authorities of said town or village, whether said application shall be granted ; and the authorities of any town or village in this state are hereby authorized and empowered to make such determination, and when the same shall be made, to sign a certificate to that effect, and immediately trans

mit the same to the persons making such application, or either of them. Duplicate Duplicate certificates of such determination shall be filed in the office to the needs of the clerk of said town or village, and in the office of the county

clerk of the county in which said town or village granting such appli.

ties to decide, on

tion.

cation shall be situated. The persons named in such application shall thereupon meet and organize as a water-works company, under such corporate name as they may select. They shall file in the office of the secretary of state a certificate of such organization. Said certificate Contents shall contain the name of the corporation, the names of the members of certifof said corporation, and their residences, the amount of capital stock, the location of the office of said company. Such certificate shall be subscribed and sworn to by the president of said corporation, and shall be attested by the secretary thereof. Upon the filing of said certifi- Corporacate, said water-works company shall be known and deemed a body tion, when corporate, and shall be capable of suing and being sued by the corporate name which they shall have selected, in any of the courts of this state. The capital stock of said company shall be paid in in the

Capital manner and within the time provided by the “ Act to authorize the stock. formation of corporations for manufacturing, mechanical or chemical purposes,” passed February seventeenth, eighteen hundred and fortyeight, and the several amendments thereto; and the stockholders of said company shall be personally liable for the debts of said com- Liability panies * in the same manner and to the same extent as is provided holder. by said act and the amendments thereto; and any company hereto

Change of fore or hereafter formed under the provisions of this act or any special capital act, may increase or diminish its capital stock, by complying with the stock cow provisions of this act, to any amount not exceeding in the aggregate two millions of dollars, subject to the provisions and liabilities of this act. But before any company shall be entitled to diminish the amount of its capital stock, if the amount of its debts and liabilities, except such as are secured by a mortgage upon its property and franchises, shall exceed the amount of capital to which it is proposed to be reduced, such amount of debts and liabilities, except those secured as aforesaid, shall be satisfied and reduced so as not to exceed such diminished amount of capital. Whenever any company formed under this act or any special act shall desire to call a meeting of the stockholders for the purpose of increasing or diminishing the amount of its capital stock, it shall be the duty of the trustees to publish a notice, signed by at least a majority of them, in a newspaper in the county, if any shall be published therein, at least three successive weeks, and to deposit a written or printed copy thereof in the post-office, addressed to each stockholder at his usual place of residence, at least three weeks previous to the day fixed upon for holding such meeting, specifying the object of such meeting, the time and place when and where such meeting shall be held, and the amount to which it shall be proposed to increase or diminish the capital; and a vote of at least two-thirds of all the shares of stock shall be necessary to an increase or diminution of the amount of its capital stock. If, at the time and place specified in the notice herein provided for, stockholders shall appear in person or by proxy, in number representing not less than two-thirds of all the shares of stock of the corporation, they shall organize by choosing one of the trustees chairman of the meeting, and also a suitable person for secretary, and proceed to a vote of those present, in person or by proxy, and if, on canvassing the votes, it shall appear that a sufficient number of votes has been given in favor of increasing or diminishing the amount of capital, a certificate of the proceedings, showing a compliance with the provisions of this act, the amount of capital actually paid in, the whole amount of debts and liabilities of the company, and the amount

* So in the original.

to which the capital stock shall be increased or diminished, shall be made out, signed and verified by the affidavit of the chairman, and be countersigned by the secretary, and such certificate shall be acknowledged by the chairman, and duplicates thereof shall be filed forth with in the office of the clerk of said town or village, and in the office of the county clerk of the county in which said town or village shall be situated, and when so filed, the capital stock of such corporation shall be increased or diminished to the amount specified in such certificate, and the company shall be entitled to the privileges and provisions, and be subject to the liabilities of this act, as the case may be.

82. This act shall take effect immediately.

CHAP 17.

AN ACT authorizing the removal of the female convicts

confined in the state prison at Sing Sing, and the confinement of females hereafter convicted of felony, in the county penitentiaries of this state.

PASSED April 24, 1877; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Superin- SECTION 1. The superintendent of state prisons is hereby authorized tendent

to transfer all the female convicts confined in the state prison at Sing may transfer. Sing to such penitentiary or penitentiaries as he may select, and the

convicts so transferred shall serve out the remainder of the term of imprisonment to which they have been sentenced, the same as though their original sentence had been to confinement in the penitentiary to which they shall be so transferred, and nothing in this act contained shall be held to work a release of any of the pains and penalties of

the original sentence of any of said convicts. Expenses. § 2. All necessary expenses of such removal of convicts shall be

deemed a part of the incidental expenses of the prison at Sing Sing, and shall be audited by the comptroller and paid from the treasury

upon his warrant. Sentence § 3. Whenever any females shall be convicted of an offense punishof female convicts. able with imprisonment in the state prison, in either of the judicial

districts of this state, having a county penitentiary within said judicial district, the court before which such conviction shall be had shall sentence the person so convicted to be imprisoned in the penitentiary situated within that judicial district, and in case such conviction shall be had in a judicial district in which there is no penitentiary located, then the court shall sentence snch females, so convicted, to the peniten

tiary situated nearest to the county in which such conviction is had. Duty of $ 4. It shall be the duty of the sheriff of any county in which any sherii.

female shall be convicted and sentenced, as in the third section is provided, to convey such person to the county penitentiary to which she shall be sentenced, and deliver her to the superintendent thereof, for which service such sheriff shall be paid by the state treasurer such fees

as are allowed by law for conveying convicts to the state prison. Superin- 8 5. The several superintendents of the said county penitentiaries tendents of peni

are hereby required to make a return, under oath, on the thirtieth day

to make return.

of September of each year, to the comptroller, in which they shall fully tentiaries set forth the name of each convict committed or transferred to their respective penitentiaries under or by virtue of this act, in what court convicted, before what presiding justice or judge, the offense for which conviction is had, the date of such conviction and length of sentence, and date of the reception of such convict at said penitentiary. The Allowance comptroller shall thereupon audit and allow such penitentiary for the tertiarios. maintenance of such convicts, one dollar and fifty cents per week for each convict imprisoned therein under and by virtue of this act, during the year preceding the said thirtieth day of September, and shall draw his warrant upon the treasury of the state in favor of the superintendent of said county penitentiary for the amount so audited and allowed, payable out of the money in the treasury not otherwise appropriated.

8 6. Persons convicted and imprisoned in county penitentiaries Laws under this act, shall be subject to all laws applicable to persons con- to stata

applicable victed and imprisoned in state prisons and not in conflict herewith. prisons to

apply. 8 7. This act shall take effect immediately.

CHAP 18.

reforma tory.

AN ACT in relation to the imprisonment of convicts in the

New York state reformatory at Elmira, and the government and release of such convicts by the managers.

PASSED April 24, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Any person who shall be convicted of an offense punish- This act to able by imprisonment in the New York state reformatory, and who, control upon such conviction, shall be sentenced to imprisonment therein, shall ments in be imprisoned according to this act, and not otherwise.

8 2. Every sentence to the reformatory of a person hereafter con- Form of victed of a felony or other crime shall be a general sentence to im- sentence. prisonment in the New York state reformatory at Elmira, and the courts of this state imposing such sentence shall not fix or limit the duration thereof. The term of such imprisonment of any person so Term of convicted and sentenced shall be terminated by the managers of the

imprisonreformatory, as authorized by this act, but such imprisonment shall not exceed the maximum term provided by law for the crime for which the prisoner was convicted and sentenced.

§ 3. Every clerk of any court by which a criminal shall be sentenced Clerk to to the New York state reformatory shall furnish to the officer having copy of such criminal in charge a record containing a copy of the indictment, record. and of the plea, the names and residences of the justices presiding at Amended the trial, also of the jurors, and of the witnesses sworn on the trial, a

post, p.800. full copy of the testimony, and of the charge of the court, the verdict, the sentence pronounced, and the date thereof, which record duly Copy of certified by the clerk, under his hand and official seal, may be used as evided.co. evidence against such criminal in any proceeding taken by him for a release from imprisonment by habeas corpus or otherwise. A copy of Copy of the testimony taken on the trial, and of the charge of the court, shall testimonge

ment.

1879 ch. 462

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