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drawn and the juries at any of said courts that may be constituted in whole or in part of the persons so drawn are hereby declared to be, are, and shall be legal, effectual, and valid.

8 2. This act shall take effect immediately.

CHAP 274.

AN ACT conferring certain powers on the clerk of the surrogate's court of the county of New York.

PASSED May 16, 1877; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Clerk may

SECTION 1. The clerk to the surrogate's court of the county or New sigor and certify York may sign and certify any of the records of said court, including records.

the certificate required by law to be indorsed upon last wills and testaments, and also the certificate of the record thereof, and he may also sign and certify all the unsigned records of said surrogate's office in the same manner as the said surrogate is authorized and empowered to sign and certify said records by virtue of chapter nine of the laws of

eighteen hundred and seventy-four. Clerk may

8 2. The said clerk may also, under and subject to the direction of the surrogate, issue any order of said surrogate's court to which a party is entitled as of course, including orders to show cause where no injunction or stay of proceedings is granted in said order.

§ 3. The certificate and signature of said clerk to said records and certificate, orders shall be as effectual for all the

purposes thereof as if the same had been made by the said surrogate. But nothing herein contained shall be construed to authorize the said clerk to exercise any of the aforesaid powers, whenever the surrogate shall otherwise direct, or to deprive the surrogate of the power to do the same. 8 4. This act shall take effect immediately.

Repealed by ch. 245, L. 1880. See Co. Civ. Proc., 8 2509.

issue orders.

Effect of

Limitation.

CHAP 276.

AN ACT to prohibit the throwing of cinders, ashes, refuse

and garbage into the waters of Long Island sound, and into the bays and harbors opening into the same.

PASSED May 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. It shall not be lawful to throw, or cause to be thrown, from any boat, scow or vessel whatsoever into the waters of Long Island sound, or into the bays and harbors opening into the same east of Throgg's Point or west of a line drawn from the north point of Lloyd's Neck, to the boundary line between the states of Connecticut and New York on Long Island sound, any cinders, ashes, refuse or garbage. Any person or persons offending against the provisions, of this act shalĩ be deemed guilty of a misdemeanor, and liable to imprisonment for a term of not less than six months, and to a fine of not less than five hundred dollars in the discretion of the court for each and every offense, and may be arrested by the authorities of either of the counties of Queens or Westchester. The courts in said counties shall have power and jurisdiction to try said offenders, whether the offense was committed within their respective counties or not. Out of any moneys received for fines under this act, such sum or sums shall be allowed and paid for the expenses and disbursements attending the arrest as the court or magistrate may deem reasonable and proper. The remainder shall be paid to the supervisors of the county in which such action is tried, for the benefit of the poor of said county.

$ 2. This act shall take effect immediately.

CHAP 285.

courts.

AN ACT in relation to certain matters and proceedings in Surrogates surrogates' courts in cases of disqualification.

PASSED May 19, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever in any county there shall be no officer quali- When surfied to act as surrogate in any matter or proceeding therein in the adjoining surrogates' court thereof, it shall be the duty of the surrogate of such may county to make a certificate of such disqualification, specifying the Amended

ch. 311,1879. ground thereof and the name of the surrogate of an adjoining county, and file the same in his office and thereupon jurisdiction of such cause shall be vested in the surrogate so specified, and such further proceedings shall be had thereon before him, as might have been had before him the first mentioned surrogate, but for such disqualification.

Repealed by ch. 245, L. 1880. See Co. Civ. Proc., § 2485.

act.

fish baskets, etc.,

inaintained in Delaware river.

sheriffs.

CHAP 99%.
AN ACT to provide for the removal of eel weirs and other de.

vices for taking fish, from the Delaware river, or of any of its
tributaries, and to prevent the maintenance of such devices.

PASSED May 19, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do

enact as follows : Eel weir, SECTION 1. It shall not be lawful for any person or persons to place,

build or maintain in any of the waters of the Delaware river, or of not to be any of the tributaries thereof

, within the jurisdiction of this state, any fish basket, eel weir, kiddle, brush or fascine net, or any other permanently set means of taking fish in the nature of a seine, which are known

to be wasteful and extravagant modes of fishing. Duty of

$ 2. The sheriffs of the counties having jurisdiction of said streams, or the sheriff of the county in which any such device for taking fish may or shall be placed, in the streams aforesaid, whenever he shall discover or be informed of the existence of any such device or contrivance for the catching of fish, shall gire ten days' notice in two newspapers published in said county, that the said contrivances are known to exist and are declared common nuisances, ordering them to be dismantled by their ownerrs* or managers, so as to render them no longer

capable of taking or injuring the fishes of the stream of whatever Removal kind; and if, at the expiration of the said ten days, the dismantling weirs, etc. shall not have taken place, then the said sheriff shall proceed, with

such force, good men of the county, as shall be necessary for the purpose, and destroy or dismantle the said fish baskets, kiddles, eel weirs,

or such other devices contemplated by this section, so that they may Expenses. be no longer capable of taking or injuring fish; and the board of

supervisors of said county shall audit and allow to said sheriff his reasonable and necessary expenses in performing the duties required by

this act, and a reasonable compensation for the time necessarily emPenalty for ployed in the performance thereof; and if, upon being duly informed

by a reputable citizen of the county, that said nuisances are in existperform ence and require abatement, the said sheriff shall not proceed as diduty.

rected in this act, then he, upon conviction of such neglect of duty, shall be fined not less than twenty-five nor more than one hundred dollars for every such neglect; said fines to be collected by civil action upon the complaint of the person so notifying said sheriff of the existence of such contrivance, or of any overseer of the poor of the town in which said contrivance or nuisance* and shall be paid to the county

treasurer for the benefit of the poor fund of such county. Punish

§ 3. Any person or persons who shall, after the first day of June, offenses eighteen hundred and seventy-seven, place, build, or maintain in any under this of the waters of the Delaware river, or its branches, as mentioned in

the first section of this act and within the jurisdiction of this state, any fish basket, eel weir, kiddle, brush or fascine net, or other permanently set means for taking fish in the nature of a seine, shall be deemeu guilty of a misdemeanor, and shall, upon conviction thereof before any justice of the peace, or any court having jurisdiction thereof shall* be punished by a fine not less than ten nor more than fifty dollars, said fine, when collected, to be paid to the county treasurer for the benefit of the poor fund of said county,

$ 4. This act shall take effect on the first day of June, eighteen hundred and seventy-seven.

* So in the original. See & 40, ch. 534, L. 1879, post, p. 831.

sheriff to

ment of

act

CHAP 81. AN ACT in relation to corporations or joint-stock companies of other states, territories, or dominion of Canada.

PASSED May 22, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever, by the laws of any other state or territory, or Evidenco the dominion of Canada, a copy of the certificate of organization or in- afecerpela corporation or any other certificate, certified or exemplified by any offi- ence of cer or officers in such state or territory or dominion, is, or shall be corporaprima facie evidence of the due formation, creation, existence, organi- tions, zation or capacity of any corporation or joint-stock company, created, organized or located in such state, territory or dominion, or claiming so to be, such certificate or certificates, duly exemplified, or a duly exemplified copy thereof, shall be received in all actions and proceedings in this state, in or before all courts and officers, with the same force and effect in all respects as prima facie evidence as aforesaid, as in such other state, territory or dominion.

CHAP 819.
AN ACT in relation to the compensation of the several officers,

keepers, guards, matrons and teachers of the Sing Sing, Au-
burn and Clinton prisons, and the superintendent of the
state lunatic asylum for insane convicts at Auburn, and to
fix the rate of interest to be paid on convict deposits.

Passed May 22, 1877 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. From and after the first day of March, eighteen hundred Compensaand seventy-seven, the compensation of the several officers, keepers, officers of guards, matrons and teachers of the Sing Sing, Auburn and Clinton state

prisons. prisons shall be as follows : To each of the agents and wardens of said prisons, three thousand and five hundred dollars per year; to the physicians of each of said prisons two thousand dollars per year; to the principal keepers of each of said prisons, fifteen hundred dollars per year; to the clerk of each of said prisons, two thousand dollars per year; to the chaplain of each of said prisons, two thousand dollars per year; to the kitchen keepers of each of said prisons, twelve hundred dollars per year; to the store keeper of each of said prisons, twelve hundred dollars per year ; to the hall keeper of each of said prisons, twelve hundred dollars per year; to the yard keeper of each of said prisons, one thonsand dollars per year ; to the keepers of each of said prisons, nine hundred dollars per year; to the sergeant of guard at each of said prisons, nine hundred dollars per year; to the guards of each of said prisons, seven hundred and eighty dollars per year; to the matron at Sing Sing prison, seven hundred and eighty dollars per year; to each of the assistant matrons at Sing Sing prison, six hundred and sixty dollars per year; to each of the male teachers at each of said prisons, three hundred dollars per year, and to each of the female teachers at each of said prisons, two hundred dollars per year, which salaries to male and female teachers shall be in full for all services performed at the prisons by

be left vacant.

State luna- them. The salary of the superintendent of the state lunatic asylum tic asylum. for insane convicts at Auburn shall be two thousand dollars per year. Offices may

§ 2. The superintendent of state prisons may leave vacant, or require to be left vacant, any subordinate offices or positions now established by law, filled by appointment by the agent and warden, with the approval of the superintendent, in any of the state prisons which he may consider unnecessary for the protection of the property of the state, or for the safe-keeping of the convicts. And the compensation prescribed by this act for the several keepers, guards, matrons, teachers and other officers, except agent and warden, physician, chaplain and clerk, may, from time to time, be otherwise fixed and prescribed by the superintendent,

but shall not, in any case, exceed the compensation now allowed by law. Interest on convict § 3. The interest on convict deposits shall hereafter be paid at the deposits. rate of five per centum per annum.

4. All provisions of law inconsistent with this act are hereby repealed.

8 5. This act shall take effect immediately.

CHAP. 318.
AN ACT to suspend the operation of parts of chapters four

hundred and forty-eight and four hundred and forty-nine
of the laws of eighteen hundred and seventy-six, to con-
tinue in force the laws superseded thereby, and to regulate
proceedings in civil actions.

PASSED May 22, 1877. The People of the State of New York, represented in Senate and

Assembly, do enact as follows :: Suspend

SECTION 1. The operation of all the provisions of chapters four huning the revised code dred and forty-eight and four hundred and forty-nine of the laws of procedure. eighteen hundred and seventy-six, except sections three hundred and

three to three hundred and six, both inclusive, and sections one thousand and twenty-seven to one thousand one hundred and eighty, both inclusive, of said chapter four hundred and forty-eight, and so much of subdivisions two and seven, of section five of said chapter four hundred and forty-nine, as applies to said sections, is hereby suspended until the first day of September, eighteen hundred and seventy-seven, when

the same shall again go into and remain in full force and effect. Provisions 8 2. Any summons actually issued in an action on or after the first

day of May, eighteen hundred and seventy-seven, and before this act

takes effect, shall not be deemed invalidated or affected in any manner before suspension.

by the provisions of this act, and the same inay be served upon any of the defendants, and judgment by default for want of appearance or answer may be taken as if this act had not been passed; or if the defendant answers, the proceedings in the action to the service of the first

pleading therein shall be the same as if this act had not been passed. Provision 8 3. No proceeding in an action or a special proceeding, taken as ceedings prescribed in chapter four hundred and forty-eight of the laws of cammenc- eighteen hundred and seventy-six, on or after the first day of May, May lst. eighteen hundred and seventy-seven, and before this act takes effect,

shall be invalidated or impaired by this act, but the subsequent proceedings, except as otherwise provided in the sections mentioned in section one of this act or as otherwise expressly prescribed in the last preceding section, shall conform, as nearly as may be, to the provisions of law regulating proceedings in actions and special pro

as to summons issued

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