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otherwise appropriated, the sum of thirty-five thousand dollars, to be struction applied as follows, to wit: Thirty thousand dollars for the instruction of teachin academies and union schools in the science and practice of common school teaching, under a course to be prescribed by the regents of the university; and five thousand dollars to the regents of the university for establishing and conducting examinations as to attainments in learning under the direction of the said regents, as hereinafter provided for.

$ 2. The said regents shall designate the academies and union Regents to schools in which the instruction shall be given, distributing them schienate

schools. among the counties of the state as nearly as well may be, having reference to the number of school districts in each, to location and to the character of the institutions selected.

§ 3. Every academy and union school so designated shall instruct a Instruct class of not less than ten nor more than twenty-five scholars, and ors. every scholar admitted to such class shall continue under instruction not less than ten weeks, all of which shall be in one school term. The regents shall prescribe the conditions of admission to the classes, the course of instruction, and the rules and regulations under which said instruction shall be giren, and shall, in their discretion, determine the number of classes which may be formed in any one year in any academy or union school, and the length of time exceeding ten weeks during which such instruction may be given, all of which shall be in the same school term.

§ 4. Instruction shall be free to all scholars admitted to such classes, To be free and who have continued in them the length of time required by the third section of this act.

§ 5. The trustees of all academies and union schools in which such Rate of instruction shall be given shall be paid from the appropriation made payment by the first section of this act at the rate of one dollar for each week's instruction of each scholar, on the certificate of the regents of the university to be furnished to the comptroller.

$ 6. The regents of the university shall establish in the academies Examinaand academic departments of union schools, subject to their visi- tione tation, examinations in such branches of study as are commonly taught in the same, and shall determine the rules and regulations in accordance with which they shall be conducted; said examinations shall be prescribed in such studies, and shall be arranged and conducted in such a manner, as in the judgment of the regents will furnish a suitable standard of graduation from the said academies and academic departments of union schools, and of admission to the several colleges of the state ; and they shall confer such honorary certificates or diplomas as they may deem expedient upon those pupils who satisfactorily pass such examinations. And the said regents are hereby authorized to establish examinations as to attainments in learning of any persons applying for admission to the same, to prescribe rules and regulations for the admission of candidates to said examinations, and for conducting them, and to confer and award such degrees, honorary testimonials or diplomas to persons who satisfactorily pass such examinations, as the said regents may deem expedient. They shall audit and certify to the comptroller all accounts for the expenses of establishing and conducting such examinations and all contingent expenses attending the same, and the amounts thereof shall be paid from the appropriation for this purpose made in the first section of this act.

Appronrlation.

8 7. The sum of seventeen thousand dollars is hereby appropriated from the revenue of the United States deposit fund not otherwise appropriated, to be applied to the purposes named in the first section of this act, which, together with eighteen thousand dollars for the instruction of common school teachers in the general appropriation act of the present session of the legislature, makes up the sum of thirty-five thousand dollars provided in the aforesaid first section of this act.

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Trustees of cemeteries may

for improve

CHAP 426. Cemeterles AN ACT to amend chapter four hundred and two of the laws

of eighteen hundred and sixty-eight, entitled “An act to authorize the trustees of incorporated rural cemeteries to impose a tax upon the lot owners in said cemeteries."

PASSED June 6, 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 one of chapter four hundred and two of the laws Laws 1868. of eighteen hundred and sixty-eight, entitled “ An act to authorize 7 Edm. 309. the trustees of incorporated rural cemeteries to impose a tax upon the

lot owners in said cemeteries,” is hereby amended so as to read as follows:

§ 1. The trustees of any rural cemetery association incorporated under

the laws of this state are hereby authorized to levy a tax upon the lot levy tax owners in such cemetery, for the purpose of improving the grounds of

such cemetery, and repairing and re-building the fences around the same, ments.

whenever the funds applicable to such purposes shall be insufficient to make the necessary repairs or improvements.

§ 2. Section two of said act is hereby amended so as to read as fol

lows: Tax, when 8 2. Such tax shall not be levied, except upon the written consent of levied. two-thirds of the lot owners in the cemetery to which the proposed Seech: 411, tax is to be applied, or upon the vote of a majority of all the lot post, p. 788. owners in favor of a tax for the purposes herein specified, at an annual

meeting of the association, or at a special meeting called by the trustees for the purpose of taking such vote, upon the same notice that is required by law for annual meetings.

§ 3. Section three of said act is hereby amended so as to read as fol

lows : Limit of § 3. The tax hereby authorized shall be such sum per lot as the

trustees shall determine, not exceeding the sum of five dollars a lot in any one year, and not exceeding ten dollars in any decade of years,

according to the valuation of each lot, as determined by said trustees, Collection, and the tax so levied shall be collected upon the warrant of the trus

tees of the cemetery association by the school district collector of the school district in which the cemetery is situated, and be paid over by him to the treasurer of said ceinetery ; such warrant shall conform as near as may be to warrants for the collection of school taxes, and the collector shall have the same powers and be entitled to the same compensation, and if required by the trustees of the cemetery association shall give a like bond, as in the collection of school taxes.

§ 4. This act shall take effect immediately.

to be

L. 1879,

tax.

CHAP 47.
AN ACT for the preservation of life at bathing places.

PASSED June 6, 1877.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Whenever any keeper or proprietor of a hotel or board- Lire lines ing-house shall erect and maintain for use a bathing-house or houses to be proapon any beach or shore of the ocean for the accommodation of his bathing guests, or whenever any person shall, for the accommodation of the places. guests of a hotel, keep, maintain and occupy any such bathing-house or houses, such keeper or proprietor shall make such provisions for the safety of the said bathers as are herein provided. He shall provide two life-lines of sound, strong and serviceable manilla or hemp rope, not less than one inch in diameter, which shall be anchored at some point above high water, at the same distance apart as the line of bathing-houses or space fronting on said beach occupied by them is in width. From the two points at which the said life lines are anchored as above prescribed, the keeper or proprietor of said bathing-houses shall extend the said lines as far into the surf as bathing is ordinarily safe and free from danger of drowning to persons not expert in swimming, and shall at such points of safety anchor and buoy the said lines. From the two points of said lines so extended, anchored and buoyed in the surf, a third line shall be extended, connecting the two extremities and buoyed at such points as to be principally above the surface of the water, thereby inclosing a space within the said lines and the beach, within which space bathing is believed to be safe.

82. The keeper or proprietor of the said bathing-houses shall cause Notloo. to be painted and erected in some prominent place upon the beach near the said bathing-houses, a notice with the following words: " Bathing beyond the lines dangerous."

§ 3. The said lines so anchored and buoyed, and the said notices 80 Lines and placed, shall contințe and be maintained as aforesaid during the whole notice season of surf bathing.

§ 4. Whenever any such lessor, owner, keeper or proprietor of said Penalty. bathing-house, shall refuse or neglect to provide and place said life lines and notices as above provided, he shall be liable to a fine of twentyfive dollars, to be paid by the lessor, owner, keeper or proprietor, for each and every day of such default, the said fine to be recoverable on complaint by any person before any justice of the peace of the town or county in which such default shall take place; such fine so recovered shall be paid by said justice of the peace, in the county of Kings, to the treasurer of the police pension fund of the city of Brooklyn, and in all other counties, to the treasurer thereof for the support of the poor therein.

§ 5. Nothing in this act shall be so construed as to make the owner Landlord of bathing-houses liable to its provisions, where the same shall be of leased occupied, used or maintained by a lessee for hire.

Dot Rabla 86. This act shall take effect immediately.

See L. 1879, ch. 328, post, p. 767.

be continued not to be

not to be allowed to beg.

When

may be

CHAP 42.
AN ACT for the protection of children, and to prevent and

punish certain wrongs to children.

PASSED June 6, 1877 ; three-fifths being present. The People of the State of New York, represented in Senate and As

sembly, do enact as follows: Children SECTION 1. No minor under the age of fourteen years shall be adadmitted mitted at any time to, or permitted to remain in, any saloon or place of in saloons, entertainment where any spirituous liquors or wines or intoxicating or

malt liquors are sold, exchanged or given away, or at places of amuse

ment known as dance-houses, and concert saloons, unless accompanied Penalty. by parent or guardian. Any proprietor, keeper or manager of any such

place, who shall admit such minor to, or permit him or her to remain in, any such place, unless accompanied by parent or guardian, shall be

guilty of a misdemeanor. Children $ 2 Every person having the custody of any child under the age of

fourteen years shall restrain such child from begging, whether actually begging or under the pretext of peddling: Any person offending against this section shall be arrested and brought before a court or magistrate, and for the first offense shall be reprimanded, and for each subsequent offense shall be guilty of a misdemeanor.

§ 3. Any child apparently under the age of fourteen years, that comes children within any of the following descriptions named: arrested (a.) That is found begging or receiving or gathering alms (whether mitted.

actually begging or under the pretext of selling or offering for sale any thing), or being in any street, road or public place, for the purpose of so begging, gathering or receiving alms.

(6.) That is found wandering and not having any home or settled place of abode, or proper guardianship or visible means of subsistence.

(c.) That is found destitute, either being an orphan or having a vicious parent, who is undergoing penal servitude or imprisonment.

(d.) That frequents the company of reputed thieves or prostitutes or houses of assignation or prostitution, or dance-houses, concert saloons, theaters and varieties, or places specified in the second section of this act, without parent or guardian, shall be arrested and brought before a court or magistrate. When, upon examination before a court or magistrate, it shall appear that any such child has been engaged in any of the aforesaid acts, or comes within any of the aforesaid descriptions, such court or magistrate, when it shall deem it expedient for the welfare of the child, may commit such child to an orphan asylum, charitable or other institution, or make such other disposition thereof as now is or hereafter may be provided by law in cases of vagrant, truant, disorderly, pauper or destitute children.

8 4. No child under restraint or conviction, apparently under the age of fourteen years, shall be placed in any prison or place of confine.

ment, or in any court room, or in any vehicle for transportation to any adults,

place in company with adults charged with or convicted of crime,
except in the presence of a proper official.
8 5. This act shall take effect immediately.

See L. 1876, ch. 122, ante, p. 284, and L 1874, ch. 116, ante, vol. 9, p. 860.

and com

Children not to be confined with

CHAP 480. AN ACT to amend the provisions of the revised statutes in Marriage. regard to the solemnization of marriages.

PASSED June 6, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The revised statutes, part second, chapter eight, title Solemnione, article first, section eight, are hereby amended to read as follows: marriage.

8 8. For the purpose of being registered and authenticated accord- Amended ing to the provisions of this title, marriages shall be solemnized only 2 Edm. 145. by the following persons : 1. Ministers of the gospel and priests of every denomination. 2. Mayors, recorders and aldermen of cities. 3. Judges of the county courts, and justices of the peace ; and 4. Justices and judges of courts of record. 82. This act shall take effect immediately.

The amendment adds the fourth subdivision.

zation

2

Lawg 1866.

CHAP 48.
AN ACT to amend chapter one hundred and eighty-four of the

law of eighteen hundred and sixty-six, entitled “ An act for
the better protection of seamen in the port and harbor of
New York.

PASSED June 8, 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 one hundred and eighty-four Amending of the laws of eighteen hundred and sixty-six, entitled " An act for the ch. 184, better protection of seamen in the port and harbor of New York,” is 6 Edm. 708 hereby amended so as to read as follows:

83. It shall not be lawful for any sailors' hotel or sailors' boarding- Boardinghouse keeper, or the employes of any sailors' hotel or boarding-house house keeper, to engage in the business of shipping seamen for any vessel, not to nor for any such person having boarded any vessel made fast to any engage in

shipping wharf in the port of New York, to neglect or refuse to leave said vessel seamen after having been ordered so to do by the master or person having on vessel charge of such vessel.

§ 2. Section six of said act is hereby amended so as to read as follows:

$ 6. There shall be, and is hereby created, a board denominated a Commisboard of commissioners for licensing sailors' hotels or boarding houses license. in the cities of New York and Brooklyn, consisting of one person, to be selected by each of the following corporate bodies or associations, respectively, to wit: The Chamber of Commerce of the State of New York; the American Seamen's Friend Society, in New York; the New York Board of Underwriters; the Marine Society of New York; the Society for promoting the Gospel among Seamen in the port of New York, and the Shipowners' Association of the State of New York.

keepers

when ordered on.

sioners of

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