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to be fur- be furnished to the clerk, for the purposes of this act, by the stenogranished.

pher acting upon the trial, or if no stenographer be present, by the district attorney of the county. The stenographer or district attorney furnishing such copy, and the county clerk, shall be entitled to such compensation, in every case in which they shall perform the duties required by this act, as shall be certified to be just by the presiding

judge at the trial, and shall be paid by the county in which the trial Clerk to is had, as part of the court expenses. The clerk shall also, upon any give notice such conviction and sentence, forth with trausmit to the superintendent tion. of the reformatory notice thereof. Convey $ 4. Upon the receipt of such notice, the superintendent in person, reforma

or a subordinate officer of the reformatory by said superintendent for that purpose duly delegated, shall proceed to the place of trial and conviction, and the sheriff or keeper of the jail having the custody of the convict, shall deliver him to such superintendent or delegated officer, with the record of his trial and conviction as made up by the clerk, and such convict shall thereupon be conveyed to the reformatory, the expenses of which conveyance shall be a charge against and paid

out of the earnings or other funds of the reformatory. Transfers) 8.5. The board of managers shall have power to transfer tempoto stato prison.

rarily, with the written consent of the superintendent of prisons, to either of the state prisons, or in case any prisoner shall become insane, to the convict asylum at Auburn, any prisoner who, subsequent to his committal, shall be shown to have been, at the time of his conviction, more than thirty years of age, or to have been previously convicted of crime, and may also so transfer any apparently incorrigible prisoner whose presence in the reformatory appears to be seriously detrimental to the well being of the institution. And such managers

may, by written requisition, require the return to the reformatory of Going

any person who may have been so transferred. The said board of abroad managers shall also have power to establish rules and regulations under parol.

which prisoners within the reformatory may be allowed to go upon parol outside of the reformatory buildings and inclosure, but remain while on parol in the legal custody and under the control of the board of managers and subject at any time to be taken back within

the inclosure of said reformatory, and full power to enforce such rules Arrest of and regulations, and to retake and reimprison any convict so upon paroled parol is hereby conferred upon said board, whose written order certified prisoners.

by its secretary shall be a sufficient warrant for all officers named in it to authorize such officers to return to actual custody any conditionally released or paroled prisoner; and it is hereby made the duty of all

officers to execute said order the same as ordinary criminal process. Rules and The said board of managers shall also have power to make all rules regula- and regulations necessary and proper for the employment, discipline,

instruction, education, removal and temporary or conditional release

and return as aforesaid of all the convicts in said reformatory. Transfers $ 6. Whenever there is unoccupied room in the reformatory, the from state board of managers may make requisition upon the superintendent of

prisons, who shall select such number as is required by such requisiAmended tion, from among the youthful, well-behaved and most promising con1879,ch. 284. victs in the state prisons, and transfer them to the reformatory for

education and treatment under the rules and regulations thereof. And the board of managers are hereby authorized to receive and detain during the term of their sentence to the state prison, such prisoners so transferred, and the laws applicable to convicts in the state prisons, so far as they relate to the commutation of imprisonment for good con

upon

tions.

reforma

convicts.

duct, shall be applicable to said convicts when transferred under this section.

8 7. It shall be the duty of said board of managers to maintain such Contro cf control over all prisoners committed to their custody, as shall prevent

prisoners. them from committing crime, best secure their self support and accomplieh their reformation. When any prisoner shall be received into the Register of reformatory upon direct sentence thereto, they shall cause to be entered in a register the date of such admission, the name, age, nativity, nationality, with such other facts as can be ascertained, of parentage, of early social influences, as seem to indicate the constitutional and acquired defects and tendencies of the prisoner, and based upon these, an estimate of the then present condition of the prisoner and the best probable plan of treatment. Upon such register shall be entered quarter yearly, or oftener, minutes of observed improvement or deterioration of character, and notes as to methods and treatment employed; also all orders or alterations affecting the standing or situation of such prisoner, the circumstances of the final release, and any subsequent facts of the personal history which may be brought to their knowledge.

§ 8. The board of managers shall, under a system of marks or other- System fou wise, fix upon a uniform plan under which they shall determine what determinnumber of marks, or what credit shall be earned by each prisoner sen- duct. tenced under the provisions of this act, as the condition of increased privileges, or of release from their control, which system shall be subject to revision from time to time. Each prisoner so sentenced shall be credited for good personal demeanor, diligence in labor and study, and for results accomplished, and be charged for derelictions, negligences and offenses. An abstract of the record in the case of each Abstract prisoner remaining under control of the said board of managers shall of record be made up semi-annually, considered by the managers at a regular and filed. meeting, and filed with the secretary of state, which abstract shall show the date of admission, the age, the then present situation, whether in the reformatory, state prison, asylum or elsewhere, whether any and how much progress of improvement has been made, and the reason for release or continued custody, as the case may be. The managers shall standing establish rules and regulations by which the standing of each prisoner's of prison account of marks or creaits shall be made known to him as often as made

known to once a month, and oftener if he shall, at any time, request it, and may kim. make provision by which any prisoner may see and converse with some one of said managers during every month. When it appears to the Release. said managers that there is a strong or reasonable probability that any prisoner will live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society, then they shall issue to such prisoner an absolute release from imprisonment, and shall certify the fact of such release and the grounds thereof to the governor, and the governor may thereupon, in his discretion, restore such person to cit.zenship. But no petition or other form of application for the release of any prisoner shall be entertained by the managers. Nothing herein contained shall be construed to impair the power of the governor to grant a pardon or commutation in any case.

$ 9. If, through oversight or otherwise, any person be sentenced to Error in imprisonment in the said reformatory for a definite period of time, said sentence sentence shall not for that reason be void, but the person so sentenced shall be entitled to the benefit and subject to the liabilities of this act, in the same manner and to the same extent as if the sentence had been in the terms required by section two of this act, and in such case said

Supervisors of paroled prisoners.

managers shall deliver to such offender a copy of this act, and written information of his relation to said managers.

§ 10. Said managers may appoint suitable persons in any part of the state charged with the duty of supervising prisoners who are released on parole, and who shall perform such other lawful duties as may be required of them by the managers; and such persons shall be subject to direction and removal by said managers, and shall be paid for the duties actually performed under the direction of said managers, a reasonable compensation for their services and expenses, and the same shall be a charge upon and paid from the earnings or other funds of the reformatory.

CHAP 17.

Laws 1875,

AN ACT to amend chapter three hundred and eighty-one of

the laws of eighteen hundred and seventy-five, entitled “ An act supplemental to an act entitled ' An act to provide for the incorporation of religious societies,' passed April fifth, eighteen hundred and thirteen, and of the several acts amendatory thereof."

PASSED April 25, 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 three of chapter three hundred and eighty-one ch. 381,

of the laws of eighteen hundred and seventy-five, passed May sevenante, p. 138. teenth, eighteen hundred and seventy-five, entitled “ An act supple

mental to an act entitled ' An act to provide for the incorporation of religious societies,' passed April fifth, eighteen hundred and thirteen. and

of the several acts amendatory thereof,” is hereby amended so as to read as follows:

$ 3. Whenever any church, in connection with any such presbytery,

shall become extinct, by reason of the death or removal of its members, comes ex- it shall be lawful for such corporation to take possession of the tempotinct.

ralities belonging to the society formed in connection with such extinct church and manage or dispose of the same, and apply the proceeds thereof to any of the objects mentioned in the second section of this act. The presbytery to which the church belongs shall determine when

any church is extinct, provided that no church having more than nine resident members shall be declared extinct, unless it has failed, for three consecutive years, to maintain the stated preaching of the gospel.

8 2. This act shall take effect immediately.

When church be

CHAP 178.

AN ACT in relation to bets, wagers and pools.

PASSED April 25, 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 keep any room or building, or any part or portion of any room or building, or occupy any place upon public or private grounds anywhere within the state, with apparatus, books or paraphernalia, for the purpose of recording or registering bets or wagers, or of selling pools, and any person who shall record or register bets or wagers, or sell pools upon the result of any trial or contest of skill, speed or power of endurance, of man or beast, or upon the result of any political nomination, appointment or election, or being the owner, lessee or occupant of any such room, building or part or portion thereof, shall knowingly permit the same to be used or occupied for any of the purposes aforesaid, or shall therein keep, exhibit or employ any device or apparatus for the purpose of registering or recording such bets or wagers, or the selling of such pools, or shall become the custodian or depositary for hire or reward, of any money, property or thing of value staked, wagered or pledged, as aforesaid, upon any such result, such person shall be deemed guilty of a misde meanor, and shall, upon conviction, be punished by imprisonment in the county jail for not more than one year, or by fine not exceeding two thousand dollars, or by both such fine and such imprisonment.

CHAP. 18.

AN ACT to provide for the reduction of the number of directors in fire and marine insurance companies.

PASSED April 25, 1877. The People of the Slate of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any existing fire or marine insurance company, organ- Number of ized under any of the laws of this State, may by a vote of two-thirds of hovecret its board of directors, and upon a written notice to all its stockholders duced. with the written consent of a majority in amount'of its stockholders, reduce the number of directors to not less than thirteen, a majority of whom shall be citizens of this state, by altering or amending its charter in respect to the number of directors, and filing a copy of the charter so amended, together with a declaration under its corporate seal, signed by its president and two-thirds in number of its directors, with such written consent of a majority of its stockholders, in the office of the superintendent of the insurance department; such reduction of the number of directors may be made so as to take effect either immediately or gradually as vacancies may occur in the board of directors by death, resignation, disqualification or otherwise ; and when the number of directors shall be reduced as herein provided to thirteen, seven of such number shall constitute a quorum for all purposes.

8 2. This act shall take effect immediately.

CHAP 187.
AN ACT relative to summary proceedings to recover the pos-

session of lands for non-payment of rent, and for holding
over after expiration of term, in the city of New York.

PASSED April 28, 1877 ; three-fifths being present, The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Jurisdic- Section 1. No justice of the district courts in the city of New York justice of shall hereafter have jurisdiction under the statutes relative to summary district proceedings to recover the possession of lands for non-payment of rent, court.

and for holding over after expiration of term unless the premises, the

possession of which is sought to be recovered, are located in the judiProviso. cial district, in and for which said justice was elected. Provided,

however, that on the first hearing of any such proceeding the justice before whom such proceeding is brought may, on motion of either party thereto, make an order directing the trial of the issues therein

to be held before the justice of an adjoining district. Court,

§ 2. The justice elected in each district must hold court at his court held. room and at no other place, for the hearing and disposing of proceedWhen Jus- ings under the statutes referred to in the first section of this act; if he abled: dis- be unable to hear such proceedings by reason of illness or absence from

the place where his court is held, or if said justice be a necessary witness in any such proceeding, or if for any reason he be disqualified to try the issues in any such proceeding, all power and jurisdiction by the said statutes conferred on liim may be exercised in his stead by a justice of any of the other district courts of the city of New York, acting for him and in his place and stead.

§ 3. This act shall take effect on the first day of July, eighteen hundred and seventy-seven.

Repealed by ch. 245, L. 1880. See L. 1879, chaps. 101-102, post, p. 704, and Co. Civ. Proc. $S 2234, 2239, and 2246.

where

CHAP 187. Highway AN ACT further to amend section fifty of article three, title one, of labor.

chapter sixteen of the first part of the revised statutes, in relation to highways.

PASSED April 30, 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 fifty of article three, title one, of chapter sixteen of the first i Edm 4;1. part of the revised statutes, is hereby further amended so as to read as follows: 6 id. 497. $ 50. It shall be the duty of each board of supervisors at their annual meetCollection ing in each year, to cause the amount of such arrearages for highway labor reages of

turned to them severally as provided in the preceding section, estimating each non-resi- day's labor at one dollar and fifty cents a day, to be levied and collected from dent labor. the real or personal estate of the person, corporation or non-resident real estate

from which said arrearages of highway labor may remain unpaid, and to be collected by the collector of the several towns in the same manner that other taxes are collected, and order the same when collected by said collector to be paid over to the commissioner of highways of the town wherein the same is collected, to be by them applied toward the construction, repair and improvement of the roads and bridges in the district in which the labor was originally assessed.

§ 2. This act shall take effect immediateiy.

of arrear

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