Penalty or using diseased CHAP. 28. AN ACT relating to diseased animals. PASSED February 23, 1878; 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 knowingly sell or offer for sale, or for selling use, or expose, or who shall cause or procure to be sold, or offered for sale, or used, or to be exposed, any horse or other animal having the disease known as glanders, or farcy, or any other contagious or infectious disease by such person known to be dangerous to human life, or which shall be diseased past recovery, shall be guilty of a misde animals. Diseased be killed. meanor. § 2. Every animal having glanders, or farcy, shall at once be deanimals to prived of life by the owner or person having charge thereof, upon discovery or knowledge of its condition; and any such owner or person omitting or refusing to comply with the provisions of this section shall be guilty of a misdemeanor. §3. This act shall take effect immediately. Liability of owner of animals having an infectious disease. Fisher v. Clark, 41 Barb. 329; Mills v. The New York & Harlem R. R. Co., 2 Rob. 326; Boone v. Utica, 2 Barb, 104, Barnum v. VanDusen, 16 Conn. 200; Eaton v. Winne, 20 Mich. 156; S. C., 4 Am. Rep. 377; Wood on Nuisances, 870; Wharton on Negligence, $ 916; Shearman and Redfield on Negligence, §§ 193, 224n; Mullett v. Mason, Law Rep. 1 C. P. 559; Fultz v. Wycoff, 25 Ind. 321; Morrison v. Cornelius, 63 N. Y. 346; Herold v. Meyers, 20 Iowa, 378; Herrick v. Gary, 65 Ill. 101. Amending 2 R. S. 95. 2 Edm. 99. tion. CHAP. 30. AN ACT to amend article third of title three of chapter six of the second part of the revised statutes, entitled" of the duties of executors and administrators in rendering an account and in making distribution to the next of kin." PASSED February 25, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The seventy-second section of article third of title third of chapter six of the second part of the revised statutes is hereby amended so as to read as follows: $72. In such order the surrogate may direct the delivery of any Distribu- personal property, which shall not have been sold and the assignment of any mortgages, bonds, stocks, notes or choses in action or other demands, among those entitled to payment or distribution in lieu of so much money as such property or securities may be worth, to be ascertained by the appraisement and oath of such persons as the surrogate shall appoint for that purpose, in the following cases: 1. If the parties who shall have appeared consent, in writing thereto. 2. Or if it appears that a sale thereof for the purpose of payment or distribution would cause a loss to the parties entitled thereto. § 2. This act shall take effect immediately. Repealed by ch. 245, L. 1880. See Co. Civ. Proc., § 2744. CHAP. 35. AN ACT granting free passage through toll-gates and over toll-bridges and ferries to the national guard. PASSED February 27, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: of Na SECTION 1. Any member or members of the national guard of this state, Members when in uniform, going to or returning from any parade, encampment, drill or tional meeting, which he or they may be required to attend in compliance with orders Guard from any competent authority, shall, together with such conveyance or con- going to veyances or military property of the state, as he or they may be in charge of, drills, etc., be allowed, without any hindrance or delay, to pass free through all toll-gates exempt and over all toll-bridges and ferries within the state. and from from toll. § 2. Any toll-gate or toll-bridge keeper or any ferry master, or any other Penalty person or persons who may be in charge of any toll-gate, toll-bridge or ferry, for hindering who shall willfully hinder or delay any member or members of the national or refusguard, or shall refuse free passage to such member or members of the national ing. guard, who shall be acting under the provisions of the first section of this act, shall be guilty of a misdemeanor, and on conviction be fined no less than ten dollars and no more than twenty dollars or be imprisoned no less than five days and no more than ten days. § 3. This act shall take effect immediately. CHAP. 40. passage. AN ACT to provide for the appointment and compensation of depu- Attorneyties and clerks in the attorney-general's office. PASSED February 28, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: General's office. and clerks SECTION 1. The attorney-general may appoint for the duties of his office two Deputies deputies to be designated as first and second; two clerks, and one messenger, and who shall severally be paid the following annual salaries: the deputies four Compensathousand dollars each, the clerks two thousand dollars each, and the messenger tion. who shall also perform the duties of clerk when required by the attorney-gen- Removals. eral, the sum of one thousand dollars, all of said salaries to be payable monthly. Any officer herein before authorized to be appointed may be removed by the attorney-general at pleasure and another appointed in his stead. § 2. All provisions of law inconsistent with this act are hereby repealed. §3. This act shall take effect immediately. CHAP. 44. commutarailroads. AN ACT to amend chapter three hundred and forty-four of Highway the laws of eighteen hundred and seventy-seven, entitled tions by "An act to authorize railroad corporations to pay commutation money for highway labor, to the commissioners of highways of towns." PASSED March 4, 1878; 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 of chapter three hundred and forty-four of Amending the laws of eighteen hundred and seventy-seven, entitled "An act to ch. 344, Laws 1877, ante, p. 422. Commutation of highway labor by railroads. authorize railroad corporations to pay commutation money for highway labor, to the commissioners of highways of towns," is hereby amended so as to read as follows: § 1. Whenever any railroad corporation assessed in any town or road district for highway labor shall elect to commute therefor, as provided by law, such corporation shall pay the commutation money to the commissioner or commissioners of highways of such town, and such moneys shall be applied and expended in the improvement of the roads and building and maintenance of bridges in such town. § 2. This act shall take effect immediately. The amendment consists in substituting the words following "town" in the fourth line from the bottom for the following words, "for the benefit of the road district or districts in such town in which the property of such corporation may be situated. And said commissioner or commissioners shall distribute said money to the overseers of highways of such road districts, to be applied and expended by such overseers in the improvement of the roads and bridges in their respective districts as is now provided by law." CHAP. 47 State Com. AN ACT in relation to the powers and duties of the state commissioner in lunacy. missioner in Lunacy. May em ographer. PASSED March 11, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The state commissioner in lunacy is hereby empowered ploy sten to employ a stenographer, whenever any testimony is to be taken before him in the discharge of his official duties; and the charges of such stenographer shall be paid by the comptroller upon presentation of vouchers duly attested, provided such charges shall not exceed ten dollars per day for the time actually employed, nor one thousand dollars in any one year in the aggregate. Notice of investigation of etc. § 2. Whenever the said commissioner shall undertake any investigation into the general management and administration of any asylum, asylums, institution or establishment, public or private, for the custody of the insane, he shall give due notice thereof to the district attorney of the county in which such asylum or institution is situated, and it shall, thereupon, be the duty of such district attorney to appear at such investigation in behalf of the people, and to examine all witnesses who be in attendance thereat. Duty of district attorney. may 83. This act shall take effect immediately. See 7 Abb. N. C. 425. CHAP. 48. AN ACT to authorize the transfer to the state of the Soldiers' Soldiers' Home, and the appointment of a board of trustees for its Home. completion and control. PASSED March 11, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: trans SECTION 1. The Grand Army of the Republic Soldiers' Home of May be New York, a corporation organized pursuant to chapter two hundred ferred to and seventy, of the laws of eighteen hundred and seventy-six, is hereby State. authorized and empowered to transfer and convey by deed and bill of sale, all its real and personal property, wherever situated, to the state of New York, the deed conveying its real estate to be executed under Deed. the hands and seals of its president and secretary, or the seal of the corporation, if it has one, duly acknowledged, and to be recorded in the clerk's office of the county in which the property is situated, and the bill of sale of its personal property to be executed in like manner, and to be filed in the office of the secretary of state. trustees § 2. Upon the due execution (within one year from the passage of When this act) of such deed and bill of sale, and upon such recording and board of filing thereof, and upon its being made to appear to the satisfaction of to be apthe comptroller of this state that the contracts then existing for the pointed. erection of buildings on such real estate, for the purposes of said corporation, have been made with a due regard to economy and fitness, and are such as the comptroller shall approve, which approval shalĺ be in writing and transmitted to the governor for his information, the governor shall nominate and, by and with the advice and consent of the senate, appoint nine reputable citizens of this state as a board of trustees for the completion, management and control of said soldiers' home, of which board the governor and attorney-general shall be exofficio members. Three of the trustees so appointed shall hold office for three years, three for two years, and three for one year, from and office. after the fifteenth day of January next preceding the day of their appointment; and annually thereafter, on or before the fifteenth day of January, three like citizens of this state shall be appointed trustees of said soldiers' home in the place of those whose terms of office are so to expire, in like manner as the original nine are to be appointed; but the term of office of no trustee shall be deemed to have expired until his successor shall have been appointed and qualified. All vacancies occur- Vacancies. ring in said board by resignation, death, removal from the state or otherwise, shall be filled by the governor in like manner as the original nine trustees shall be appointed. Terms of trustees. § 3. Said trustees chall receive no compensation for their services as Compensasuch trustees or otherwise, except their actual and necessary traveling tion of expenses incurred in attending the meetings of the board or in the discharge of any duty connected therewith as may be imposed on them by direction of the board of trustees or by law. But the trustee who may be elected to act as the secretary may receive a reasonable compensation for his services, to be fixed by the board with the approval Trustees of the comptroller, not to exceed the sum of two hundred and fifty not to be dollars. No trustee shall be interested in any contract for the con- interested struction or furnishing of any of the buildings of said corporation or tracts, in con First trustees. in furnishing supplies for use or consumption therein; and any contract made wherein any trustee shall be interested, directly or indirectly, shall be void, and any trustee so becoming interested or making any contract wherein he shall have any pecuniary interest, direct or indirect, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine not exceeding five hundred dollars or imprisonment in a county jail not exceeding three months, or both. in the discretion of the court. § 4. The secretary of state, within ten days after the appointment meeting of of said trustees as herein before provided, shall notify them by letter of their appointment, and invite them to meet at a specified day and hour, not less than ten days nor more than fifteen days from the time of giving such notice, at the office of the secretary of state in the city of Albany, for the purpose of organization; at which time the said. trustees shall by lot determine their respective terms of office in such way as a majority of them may agree upon. The secretary of state shall act in such drawing for such trustees as may not be present. Upon taking the oath of office before the secretary of state the said trustees in conjunction with ex-officio members and annually thereafter, shall proceed to elect by ballot a president, a secretary and treasurer; the offices of the latter two being joined in one trustee or held separately by two as the board may determine, and an executive committee. When so organized the said board shall be known as the board of trustees of the New York State Soldiers and Sailors' Home. Officers. Title of board. Powers of board. Admissions to Home. § 5. Said board of trustees shall at once take possession of all the property of said corporation so conveyed to the state and proceed to complete the buildings already begun or hereafter to be erected, and have them ready for occupation, with all suitable dispatch, with any funds appropriated therefor, or which may come into their hands for such purpose, and shall pay any existing indebtedness of said corporation which shall be or may become a lien thereon. Said board shall have power to make contracts in their name for work and materials for the completion of buildings on said property, the furnishing thereof, and the furnishing of supplies for use and consumption therein, but shall expend no more money or incur any indebtedness for such purposes beyond the appropriation previously made therefor by the legislature, and shall also have power to adopt and establish such rules and regulations specifying the duties of its officers and for the government of its inmates, fixing the terms and conditions of admission to said home and prescribing the causes and manner of expulsion therefrom, as may by them be deemed necessary. But no such contract shall be entered into, and no such rules and regulations shall be operative until the same shall have been submitted to and approved by the comptroller; and they may require and take in their name any security by way of bond, or otherwise, from any person appointed or elected by them, and their sureties for the faithful performance of the duties for which the appointment or election is made or had, and for truly accounting for all moneys or property received by such person on account of such trustees. § 6. Every honorably discharged soldier or sailor who served in the army or navy of the United States during the late rebellion, who enlisted from the state of New York or who shall have been a resident of this state for one year preceding his application for admission, and who shall need the aid or benefit of said home, in consequence of physical disability or other cause within the scope of the regulations of the board, shall be entitled to admission to said home, subject to the con |