were taken, have been removed from the house, office or other building in which such proceedings were taken, to another house, office or other building, after such proceedings were taken, and the full period of twenty-five years has elapsed since said sale, it shall be presumed that guardians have been duly appointed for all minors, heirs or devisees, of the real estate sought to be mortgaged, leased or sold in such proceeding, such presumption to be rebutted only by record evidence in such office showing affirmatively that such guardian or guardians were not appointed; provided that nothing in this act contained shall be construed to affect in any manner any suit or proceeding already commenced for the recovery of any lands or the proceeds thereof, sold under or by virtue of any order of any surrogate's court, and provided also that nothing in this act contained shall be construed to affect in any manner any suit or proceeding already commenced to foreclose such mortgage, or any suit or proceeding already commenced in which the validity of such lease shall or may come in question. § 4. Section four of said act is hereby amended so as to read as follows: not to be § 4. This act shall not be construed as authorizing any surrogate, when or officer performing the duties of the office of surrogate, to make any sales, etc., order for the mortgage, lease, or sale of the real property of a deceased ordered. person, or to confirm any such sale, unless upon a due examination he shall be satisfied that the provisions of said title have been complied with as if this act had not been passed. 5. This act shall take effect immediately. Repealed by chap. 245, L. 1880. See Code Civ. Proc., §§ 2784-5. CHAP. 132. AN ACT to amend chapter four hundred and eighty-two of Supervisthe laws of eighteen hundred and seventy-five, entitled "An ors. act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors.' PASSED April 15, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Laws 1875, SECTION 1. Subdivision twenty-five of section one of chapter four Amending hundred and eighty-two of the laws of eighteen hundred and seventy- ch. 482, five, entitled "An act to confer on boards of supervisors further ante, p.156. powers of local legislation and administration and to regulate the compensation of supervisors," is hereby amended so as to read as follows: thorize 25. To authorize any town which shall make application therefor, May auby the vote of an annual town meeting, to elect a tax receiver in place election of of a collector, to prescribe the mode of the collection of taxes, the secu- tax receivrity to be given, and the commission or other compensation to be er, etc. allowed to such tax receiver for his services. § 2. This act shall take effect immediately. Diseases of animals. Governor to suppress. Powers of the governor thereto. CHAP. 134. AN ACT in relation to infectious and contagious diseases of animals. PASSED April 15, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Whenever any infectious or contagious disease affecting domestic animals shall be brought into or shall break out in this state, it shall be the duty of the governor to take measures to suppress the same promptly, and to prevent the same from spreading. § 2. For such purpose the governor shall have power: To issue his proclamation, stating that infectious or contagious In relation disease exists in any county or counties of the state, and warning all persons to seclude all animals in their possession that are affected with such disease or have been exposed to the infection or contagion thereof, and ordering all persons to take such precautions against the spreading of such disease as the nature thereof may in his judgment render necessary or expedient. To quarantine farms. To call on sheriffs. To employ veterinaryl surgeons. To order detention of ani-¡ mals. To prescribe the destruction and disposition of diseased animals. As to disinfection To order that any premises, farm or farms where such disease exists or has existed be put in quarantine, so that no domestic animal be removed from or brought to the premises or places so quarantined, and to prescribe such regulations as he may judge necessary or expedient to prevent infection or contagion being communicated in any way from the places so quarantined. To call upon all sheriffs and deputy sheriffs to carry out and enforce the provisions of such proclamations, orders and regulations, and it shall be the duty of all sheriffs and deputy sheriffs to obey and observe all orders and instructions which they may receive from the governor in the premises. To employ such and so many medical and veterinary practioners and such other persons as he may from time to time deem necessary to assist him in performing his duty as set forth in the first section of this act, and to fix their compensation. To order all or any animals coming into the state to be detained at any place or places for the purpose of inspection and examination. To prescribe regulations for the destruction of animals affected with infectious or contagious disease, and for the proper disposition of their hides and carcasses, and of all objects which might convey infection or contagion, provided that no animal shall be destroyed unless first examined by a medical or veterinary practitioner in the employ of the governor as aforesaid. To prescribe regulations for the disinfection of all premises, buildof prem- ings and railway cars, and of all objects from or by which infection or contagion may take place or be conveyed. ises. To alter To alter and modify from time to time, as he may deem expedient, orders and the terms of all such proclamations, orders and regulations, and to regula tions. Penalty for violat cancel or withdraw the same at any time. § 3. Any person transgressing the terms of any proclamation, order ing orders or regulation issued or prescribed by the governor under authority of and regu- this act, shall be guilty of a misdemeanor. lations. § 4. All expenses incurred by the governor in carrying out the pro- Expense. visions of this act, and in performing the duty hereby devolved upon him, shall be audited by the comptroller as extraordinary expenses of the executive department, and shall be paid out of any moneys in the treasury not otherwise appropriated. See L. 1879, ch. 306, post, p. 761. CHAP. 138. ance com AN ACT to amend chapter four hundred and sixty-five of the Fire insur laws of eighteen hundred and seventy-five, entitled "An panies. act to require the payment of certain premiums to the fire departments of cities and incorporated villages, by fire insurance companies not organized under the laws of the State of New York, but doing business therein," passed May twenty-eighth, eighteen hundred and seventy-five. PASSED April 15, 1878. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Laws 1875, SECTION 1. Section three of chapter four hundred and sixty-five of Amending the laws of eighteen hundred and seventy-five, entitled " An act to re- ch.465, quire the payment of certain premiums to the fire departments of ante, p. 154. cities and incorporated villages, by fire insurance companies not organized under the laws of the state of New York but doing business therein," is hereby amended so as to read as follows: acting without required. be paid ies. §3. Every person who shall effect, agree to effect, promise or pro- Penalty cure any insurance specified in the preceding section of this act, with- for transout having executed and delivered the bond required by the preceding insurance sections, shall for each offense forfeit two hundred dollars, for the use business and benefit of the fire department of such city and village; such pen- having alty of two hundred dollars shall be collected by and in the name of given bond the fire department of the city or village in which the property insured or agreed to be insured is situate. And the treasurer or chief when financial officer of any city or incorporated village, having no incorpo- money to rated fire department or incorporated fireman's relief or benevolent so- over to fire ciety, receiving any money under the provisions of chapter four hundred companand sixty-five of the laws of eighteen hundred and seventy-five, as amended by chapter three hundred and fifty-nine of the laws of eighteen hundred and seventy-six, shall on or before the fifteenth day of Noember, in each year, apportion and pay over all such moneys so received to the treasurers of the several fire companies as are duly recognized by the common council or trustees of such city or village. And if he shall Failure to neglect or refuse to perform any or all of the duties required by this act, pay over. he shall be subject to a penalty of two hundred dollars for such neglect or refusal; and the foreman of any fire company shall be entitled to and may maintain an action and sue for, in the name of and for the benefit of such fire company, any of the proportion of penalties prescribed by this act; and premiums or penalties to which such company may be Superin state pris railroad ton prison burgh. entitled, under chapter four hundred and sixty-five of the laws of eighteen hundred and seventy-five, as amended by chapter three hundred and fifty-nine of the laws of eighteen hundred and seventy-six. § 2. This act shall take effect immediately. New, all but first sentence. See the acts amended, ante, pp. 154, 313. CHAP. 148. AN ACT authorizing the construction and management of a railroad from Lake Champlain to Dannemora prison. PASSED April 19, 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 superintendent of state prisons is hereby authorized tendent of and empowered to survey, locate and construct a railroad from a point ons to con- at or near the Clinton state prison at Dannemora, in the county of struct Clinton, to a point in the town of Plattsburgh at or near the waters of from Clin- Lake Champlain, of the guage of not more than three feet and six to Platts- inches, nor less than thirty inches, within the rails, for public use in the transportation of persons and property, and, to such extent as deemed advisable, to employ such labor in the grading, bridging and constructing of said road, and in the manufacture of spikes, chairs and such other material necessary in the construction of said road, and in such way as the same may be employed with due economy to the interest of the state. The said superintendent of prisons is also authorized and empowered to use timber or other materials from the lands belonging to the state in the construction of said road, and of the bridges and superstructure thereof, and in the repair thereof. Land, how acquired. Contributions. Lease of road. Appropriation. § 2. In case the said superintendent of state prisons shall be unable to agree for any real estate required for the purpose of said road, such title may be acquired on a petition by said superintendent in the manner provided by an act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, and the acts amendatory thereof, for acquiring title to land for railroad purposes, except that, in any petition therefor, no averment of subscription to stock, or the filing of any map shall be required. § 3. The said superintendent of state prisons is hereby authorized and empowered to receive contributions of property, money or labor, or land, for the right of way or depot ground, and any property, money or labor so contributed shall be applied and expended in the construction of said road. § 4. Said superintendent is also authorized and empowered, upon the completion or partial completion of said road, to lease said road for such term of years and upon such terms and conditions as shall be approved of, in writing, by the governor and comptroller of this state. § 5. The sum of eighty thousand dollars, or so much thereof as may be necessary for that purpose, is hereby appropriated and authorized to be paid to the said superintendent of state prisons by the state treasurer, upon the warrant of the comptroller, to be expended in the survey, location and right of way of said road, and in its construction, provided and on condition that the cost of said road shall not exceed said sum in addition to the convict labor laid out thereon. § 6. This act shall take effect immediately. CHAP. 152. sessment taxes. AN ACT further to amend section two of title two of chapter of the asthirteen of part one of the revised statutes, entitled and col"Of the assessment and collection of taxes," and to lection of amend chapter four hundred and twenty-seven of the laws of eighteen hundred and fifty-five, entitled "An act in relation to the collection of taxes on lands of nonresidents, and to provide for the sale of such lands for unpaid taxes." PASSED April 20, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1 R. S. 389. SECTION 1. Section two of title two of chapter thirteen of part one Amending of the revised statutes, as amended by chapter one hundred and sev- 1 Edm. 361. enty-six of the laws of eighteen hundred and fifty-one, is hereby amended so as to read as follows: where. §2. Lands occupied by a person other than the owner, may be as- Land sessed to the occupant, as lands of non-residents, or, if the owner taxed. resides in the county in which such lands are located, to such owner. See Whitney v. Thomas, 23 N. Y. 285; Newman v. Supervisors, 45 id. 676; Coleman v. Shattuck, 62 id. 348, affirming 5 T. & C. 34; 2 Hun, 397; Matter of Nichols, 54 N. Y. 62. Laws 1855, § 2. Sections nine, sixteen, seventeen, eighteen, nineteen, twenty, Amending twenty-one, twenty-seven, thirty-three, thirty-four, thirty-seven, ch. 4273 thirty-eight, forty-one, forty-eight and eighty-six of chapter four hun- Edm. 357. dred and twenty-seven of the laws of eighteen hundred and fifty-five, are hereby amended so as to read as follows: perfectly § 9. Whenever any account of arrears of taxes on lands of non- Lands imresidents shall be received by the comptroller from a county treasurer, described. he shall examine such account and reject all taxes entered thereon, that shall be found to be erroneous, and all taxes found thereon charged on lands erroneously or impefectly described, and shall credit such county treasurer in a book to be kept by him for that purpose, with the amount of all arrears of taxes which shall be admitted by him. Tallman v. White, 2 N. Y. 66. § 16. The comptroller shall, on or before the first day of Septem- Rejected ber in each year, transmit by mail or otherwise, to each county taxes. treasurer, a transcript of the taxes of the preceding year, assessed in any town or ward in such county, which shall have been rejected by him for any cause whatever, stating therein the cause of such rejection. described. § 17. Whenever the comptroller, after having transmitted such an- Taxes on nual transcript, shall discover that any taxes credited to a county in land imthe books of his office are erroneous, or that they have been assessed perfectly on land erroneously described or so imperfectly described that they cannot, in his opinion, be located with certainty, he shall cancel such taxes on the books of his office and charge them to the county in which such lands shall lie, with the interest thereon from the first day of March, in the year following that in which the taxes were laid to the first day of February next after such cancellation. |