GENERAL STATUTES OF THE STATE OF NEW YORK, PASSED AT THE 98th SESSION, 1875. CHAP. 4. AN ACT to authorize plankroad and turnpike companies to reduce the number of their directors. PASSED January 22, 1875 The People of the State of New York, represented in Senate and Assembly, do enact as follows: directors. SECTION 1. It shall be lawful for any incorporated plank road or To reduce turnpike company at any annual meeting of the stockholders, for the number of purpose of electing directors, by resolution to reduce the number of directors to not less than three, provided that such reduction shall not take place unless such resolution shall receive the affirmative vote of the stockholders holding and owning a majority in amount of the apital stock of the company, as shall appear by its books. 2. This act shall take effect immediately. Ante, vol. 1, p. 536; vol. 3, p. 560. CHAP, 16. AN ACT to amend section sixth of title second, chapter tenth of part third of the Revised Statutes, concerning security for the payment of costs. PASSED February 13, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section sixth of title second, chapter tenth of part third of the Revised Statutes concerning security for the payment of costs is hereby amended so as to read as follows: Notice of justification. tion of sureties. § 6. Within twenty days after such notice of exception, the plaintiff may give to the defendant.or his attorney, notice of the justification of the sureties before the judge of the court or county judge at a specified time and place; the time to be not less than five, nor more than Qualifica- ten days thereafter. The qualification of the sureties shall be, that each must be a resident of, and householder or freeholder in the State, and they must each be worth the sum of five hundred dollars, exclusive of property exempt from execution. For the purpose of justification, each of the sureties shall attend before the judge or justice of such court or county judge, at the time and place mentioned in the notice, and may be examined on oath on the part of the defendant, touching his sufficiency in such manner as such judge or justice in his Examina- discretion may think proper. The examination shall be reduced to writing, and subscribed by the sureties, if required by the defendant or his attorney. If such judge or justice find the sureties sufficient, he shall annex the examination to the undertaking, indorse his allowance thereon and cause them to be filed with the clerk; and such justification shall operate to discharge the stay of proceedings. tion. Allowance. § 2. This act shall take effect immediately. 2 R. S. 620; 2 Duer, 679. Ante, vol. 2, p. 645. (Repealed, L. 1880, ch. 245.) See Co. Civ. Proc., §§ 812, 3272, et seq. Fraud as to public property. Punishment. Transfer from de CHAP. 19. AN ACT to provide more effectually for the punishment of peculation and other wrongs affecting public moneys and rights of property. PASSED February 17, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Every person who, with intent to defraud, shall wrongfully obtain, receive, convert, pay out or dispose of; or who, with like intent, by willfully paying, allowing or auditing any false or unjust claim, or in any other manner or way whatever, shall aid or abet any other in wrongfully obtaining, receiving, converting, paying out or disposing of any money, funds, credits or property held or owned by this State, or held or owned, officially or otherwise, for or on behalf of any public or governmental interest by any municipal or other public corporation, board, officer, agency or agent of any city, county, town, village or civil division, sub-division, department or portion of this State, shall, on conviction of such offense, be punished by imprisonment in a State prison for a term not less than three years or more than ten years, or by a fine not exceeding five times the loss resulting from the fraudulent act or acts which he shall have so committed, aided or abetted, to be ascertained, as hereinafter mentioned, or by both such imprisonment and fine. § 2. Any transfer in whole, or in part, from any deposit or credit posit, etc. with any bank, banker or other depository or agent, or of any credit, claim, chose in action or right, or demand, whereby the possession, right or title of any lawful receiver, custodian or repository of any such money, funds, credits or property in the last preceding section mentioned shall be defeated or impaired, shall be deemed a conversion of such money, funds, credits or property within the meaning of such section. § 3. When rendering a verdict of guilty upon the trial of any per- Verdict. son indicted under this act, the jury may find and state with their verdict the amount of loss resulting from the offense of the defendant. And if, on any such trial, it shall appear that the acts of which the defendant was guilty constitute any other crime, he shall not, by reason thereof, be entitled to an acquittal; but, after such trial and judgment on the verdict rendered, he shall not be liable to prosecution for such other crime. § 4. This act shall take effect immediately. CHAP. 22. AN ACT to amend sections one hundred and twenty-two and Bridges. one hundred and twenty-three of article six, of title one, of chapter sixteen, of part first of the Revised Statutes, in relation to the erection, repairing and preservation of bridges. PASSED February 19, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one hundred and twenty-two, of article six, of Amending title one, of chapter sixteen, of part one of the Revised Statutes is 1R. S. 525, hereby amended so as to read as follows: 1 Edm. 485. public § 122. The commissioners of highways of each town may put up Notice of and maintain in conspicuous places, at each end of any bridge, in such fine on town maintained at public charge, the length of whose chord is not bridge. less than twenty-five feet, a notice with the following words in large characters: "One dollar fine for riding or driving on this bridge faster than a walk;" and when the length of said chord is over fifty feet, and not over one hundred feet, the following notice: "Five dollars fine for riding or driving on this bridge faster than a walk;" and when the length of said chord is over one hundred feet, and not over two hundred feet, the following notice: "Ten dollars fine for riding or driving on this bridge faster than a walk;" and when the length of said chord is over two hundred feet, the following notice: "Twenty-five dollars fine for riding or driving on this bridge faster than a walk." § 2. Section one hundred and twenty-three of said article is hereby amended so as to read as follows: § 123. Whoever shall ride or drive faster than a walk on any bridge Penalty. in this State, upon which such notices shall have been placed, and shall then be, shall forfeit for every offense the sum specified in said notice. 1 R. S. 525. Amending 2 R. S. 698, CHAP. 24. AN ACT to amend title seven of chapter one of part four of the Revised Statutes relative to the punishments for attempting to commit offenses. PASSED February 20, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Subdivision one of section three of title seven of chapter 2 Edm. 721. one of part four of the Revised Statutes, is hereby amended so as to read as follows: Punish attempt. 1. If the offense attempted to be committed, be such as is punishable ment for by the death of the offender, or by imprisonment in a State prison during the period of his natural life, the person convicted of such attempt shall be punished by imprisonment in a State prison not exceeding ten years. Convicts to be required to work. Deduc term. CHAP. 25. AN ACT to reduce the term of imprisonment of convicts in the several penitentiaries of this State. PASSED February 20, 1875; 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 be the duty of the agent and warden of each of the penitentiaries in this State to require of every able-bodied convict confined therein as many hours of faithful labor in each and every day during his term, as shall be prescribed by the rules of such penitentiary; and every convict faithfully performing such labor and being in tions from all respects obedient to the rules and regulations of said penitentiary, or if unable to work, yet faithful and obedient as aforesaid, shall be allowed from his term of imprisonment a deduction of two months in each of the first two years; four months in each of the next two years; and five months in each of the remaining years of said term; provided, that any such convict who shall commit an assault his of deduc- keeper or any foreman or convict, or otherwise endanger life, or by other flagrant disregard of the rules of the prison, or any misdemeanor whatever, shall forfeit all deduction of time earned by him for good conduct before the commencement of such offense; and the name of no convict who has escaped or attempted to escape, shall be sent by the penitentiary officials to the Governor for the commutation of any part of his sentence; but such shall not be the effect in cases where without any violence whatever, a rule or rules shall be broken by him, and it is clear that no willfulness or malice was intended. Forfeiture tion. § 2. This act shall take effect immediately. upon Laws 1863, ch. 415; Laws 1864, ch. 321; Laws 1866, ch. 667. Ante, vol. 5, p. 204; vol. 6, pp. 148, 255, 794. |