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tion of

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: Commuta- 8 1. Whenever any railroad corporation assessed in any town or highway

road district for highway labor shall elect to commute therefor, as proTabor by vided by law, such corporation shall pay the commutation money to railroads.

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.

8 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

missioner

State Com. AN ACT in relation to the powers and duties of the state

commissioner in Junacy. in Lunacy.

PASSED March 11, 1878; three-fifths being present. The People of the State of New York, represented in Senate and As

sembly, do enact as follows: May em- SECTION 1. The state commissioner in lunacy is hereby empowered bgrapher. 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 dol

lars in any one year in the aggregate. Notice of § 2. Whenever the said commissioner shall undertake any investigainvestigation of tion 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 Duty of county in which such asylum or institution is situated, and it shall, district thereupon, be the duty of such district attorney to appear at such inattorney. vestigation in behalf of the people, and to examine all witnesses who

may be in attendance thereat.
§ 3. This act shall take effect immediately.

See 7 Abb. N. C. 425.

CHAP 48.

ferred to

AN ACT to authorize the transfer to the state of the Soldiers' Soidiers'

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:

SECTION 1. The Grand Army of the Republic Soldiers' Home of May be New York, a corporation organized pursuant to chapter two hundred trans 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.

§ 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 shall 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.

8 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,

Terms of

trustees.

First

trustees.

Oncers.

in furnishing supplies for use or consumption therein; and any contract made wherein any trustee shall be interested, directly or indi. rectly, 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. Title of board.

When so organized the said board shall be known as the board of trus

tees of the New York State Soldiers and Sailors' Home. Powers of § 5. Said board of trustees shall at once take possession of all the board.

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 Home. army or navy of the United States during the late rebellion, who en

listed 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

Admissions to

ditions, limitations and penalties, prescribed by the rules and regulations adopted by the board.

$ %. The said board shall annually on or before the fifteenth day of annual January, in each year, make to the legislature a detailed report of all report. its receipts and expenditures and of all its proceedings for the previous year, together with full estimates for the coming year, verified on oath by the president and treasurer and shall make such other and further reports as the legislature may from time to time require.

§ 8. This act shall take effect immediately.

CHAP. 49.

AN ACT in relation to noxious weeds and brush in public

highways.

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. It shall be the duty of every person or corporation, Lessees to owning or occupying under a lease for one or more years, any cul- destrous tivated or inclosed lands abutting upon any high way, to cause all weeds, noxious weeds, briars and brush, growing upon said lands, within the highway hounds of said high way, to be cut or destroyed between the fifteenth day of June, and the first day of July, and between the fifteenth day of August and the first day of September, in each and every year. But boards of supervisors may fix a different period, or periods, for such cutting or destruction in their respective counties. This section shall not be construed to restrict any of the powers heretofore conferred upon boards of supervisors.

$ 2. It shall be unlawful for any person to place or cause to be Noxious placed any noxious weeds, or the seeds of such weeds, within the to be bounds of any public highway.

placed in

highway. $ 3. Any willful neglect or refusal to comply with the provisions of Penalty. section one of this act, or any willful violation of section two of this act, shall subject the person or corporation so offending to a penalty of ten dollars and costs in and for each road district in which any of such provisions shall be violated, to be sued for by the commissioner or coir missioners of highways of the town wherein said road districts shall be sitnate, or by the street commissioner of villages, when such village constitutes a separate road district, and recovered before any justice of the peace having jurisdiction; said fine, when collected, to be paid into the highway fund of such town or village.

§ 4. It shall be the duty of commissioners of highways of towns or street commissioner of villages to prosecute every person or corporation violating any of the provisions of this act in their respective towns or villages, and to include in each annual report of such commissioners a detailed statement of all fines recovered under the provisions of this act.

Who to prosecuto.

CHAP, 59.

villages.

Laws 1870,
ch. 291.
7 Edm. 681.

Incorpora. AN ACT to amend chapter two hundred and ninety-one of

the laws of eighteen hundred and seventy, entitled “ An act for the incorporation of viïlages.”

PASSED March 18, 1878; 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 ten of title one of chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled An act for the incorporation of villages," is hereby amended so as

to read as follows: Inspectors § 10. Within three days after, such election the said board of inof election to ale cer-spectors shall make out a certificate of the holding of the same, and Toscate of of the canvass of the ballots thereat, showing the whole number of

such ballots, the number with the word “yes” thereon, and with the word “no” thereon, with a copy of the notice of the holding of such election, and an affidavit of posting or publishing the same, as herein before provided. Such certificate shall be signed by said inspectors, or a majority of them, and its truth verified by their affidavits annexed thereto, and shall, within ten days after such election, be filed and recorded in the county clerk's office of the county within which such territory shall be, or in case such territory shall be located in two or more counties, then such certificate shall be filed with the county clerk of each of such counties.

§ 2. Section eleven of title one of said act is hereby amended so as

to read as follows: Appeals to $ 11. Within ten days after such filing any elector qualified to vote county judge. at such election may appeal to the county judge of the county in

which such territory shall be located, or in case such territory shall be located in two or more counties, then to the county judge of either of said counties, by petition, specifying the irregularities in and objections to such election. Such judge, on proof by affidavit that such petition or notice of it has been served on the electors signing the notice for holding the election, or a majority of them, and that the person appealing has deposited with the county clerk of the county in which such territory is located, the sum of one hundred dollars to meet the expenses of the appeal, shall appoint a day for hearing the same, not more than ten days from the day of bringing the appeal ; and, on such day, on proof by affidavit that the electors signing the election notice, or a majority of them, were notified, in writing, five days before such hearing, of such hearing, shall proceed to hear the same, such judge shall have power, by subpæna, to compel the attend

ance of witnesses before him on such day, or on adjourned days. His Doolslon. decisiou as to the legality or illegality of such election shall be

rendered within thirty days from the day of presenting the petition of appeal to him. If such decision be adverse to the prayer of such petition, he shall, within ten days from rendering such decision, by order signed by him, direct such portions as he may deem just of the one hundred dollars deposited with the county clerk, to be paid by such clerk to the persons in such order named, and the balance to the person or persons who deposited the same. If no such allowance is

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