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CHAP. 10.

Code of AN ACT to amend section five of chapter four hundred and Civil Pro cedure. forty-eight of the laws of eighteen hundred and seventy-six,

entitled “ An act relating to courts, officers of justice, and civil proceedings."

PASSED April 25, 1879; 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 five of. chapter four hundred and forty-eight of Law 1478 the laws of eighteen hundred and seventy-six, entitled “ An act relat

ing to courts, officers of justice, and civil proceedings,” is hereby amended so as to read as follows:

§ 5. The sittings of every court within this State shall be public, When site and every citizen may freely attend the same, except that in all proprivate. ceedings and trials in cases for divorce, on account of adultery, seduc

tion, abortion, rape, assault with intent to commit rape, criminal conversation, and bastardy, the court may, in its discretion, exclude therefrom all persons who are not directly interested therein, except ing jurors, witnesses and officers of the court.

§ 2. This act shall take effect immediately.

Courts

CHAP.211.

ch. 219,

Evidence. AN ACT to amend chapter two hundred and nineteen of the

laws of eighteen hundred and seventy-eight, entitled “An act in relation to evidence in civil and criminal cases."

ASSED April 25, 1879. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Amending

SECTION 1. Section one of chapter two hundred and nineteen of the

laws of eighteen hundred and seventy-eight, entitled "An act in reLaws 1878

lation to evidence in civil and criminal cases,” is hereby amended so as

to read as follows: Evidence

$ 1. Any act, ordinance, resolution, by-law, rule or proceeding of the of acts, or common council of a city, or of the board of trustees of an incorporated dinances,

village, or of a board of supervisors of any county within this state, municipal and any recital of occurrences, taking place at the sessions of any

thereof, may be read in evidence on any trial, examination or proceeding, whether civil or criminal, either from a copy thereof certified by the clerk of the city, village, common council or board of supervisors, or from a volume printed by authority of the common council of the city or board of supervisors of the county, or of the board of trustees of any incorporated village.

82. This act shall take effect immediately. Ante, p. 806. Amended by adding the clause or of the board of trustees of any incorporated village."

etc., of

corporations.

acts.

CHAP.212. AN ACT to provide for the distribution of the acts passed by Distribu

the legislature to town clerk's offices.

PASSED April 25, 1879; 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 secretary of State to forward Secretary by mail, or by express, to the clerks of each of the counties of this af State to State a sufficient number of printed slips of the acts passed by the legislature at each session, as soon as approved by the governor, to supply the clerk of each town and incorporated village in their respective counties with one copy thereof.

As amended by L. 1880, ch. 76. The amendment consists of adding the words" or by express," after the word "mail.”

§ 2. It shall be the duty of the clerk of each of the counties of this County State, immediately upon receiving such slips of acts, to forward by mail clerks to one copy thereof to the clerk of each town and village in their respect- bute. ive counties.

§ 3. Each of the town and village clerks so receiving such slips shall Town and keep and preserve the same in their respective offices for at least one clerks to year, and all persons shall have access thereto.

preserve. 84. This act shall take effect immediately.

CHAP. 14.

AN ACT relating to plankroad and turnpike companies.

PASSED April 25, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any plankroad or turnpike company shall have power May lay, and is authorized to lay iron rails on their road suitable for the use of iron rails. wagons and vehicles drawn by horses_going over its road, except in the counties of Cortland, Orleans, Kings, Oneida, New York and Steuben.

$ 2. Nothing contained in this act shall permit or authorize the Steam not using of steam on any plankroad or turnpike.

8 3. This act shall take effect immediately.

authorized.

CHAP 217.

AN ACT in relation to oil wells.

Oil wells. 1

PASSED April 26, 1879 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

AbanSECTION 1. All owners of and operators of oil lands in this State doned shall, in a practical manner, plug their wells when left or abandoned, plulosea. at a proper depth, with wood and sediment, in a manner sufficient to

exclude all fresh water from the oil-bearing rock, and prevent the

flow of oil or gas into the fresh water. Penalty, 8 2. Any person found guilty of violating the provisions of this act

shall be fined not less than twenty-five, nor more than one hundred dollars, for each and every offense, which shall be paid one-half to the informer and one-half to the school district in which the offense is committed, which shall be collected in like manner as other fines are

now by law collected. When 8 3. Whenever the owner of any well has abandoned the same or others

does not reside in the county in which it is situated, any person ownand plug. ing property adjoining may enter in and take possession of any well,

for the purpose of carrying out the provisions of the first section of this act, where the owner has refused or neglected to plug said well so as to shut off the fresh water from the oil rock, and to exclude the gas and oil from the fresh water, as provided in section one, and the owner of said well shall be liable to pay to such person the expense of plugging said well.

8 4. This act shall take effect immediately.

may enter

CHAP 27.

at individuals pro

AN ACT for the protection of life and limb.

PASSED April 26, 1879 ; three-fifths being present. The People of the State of New York, represented in Senate ana

Assembly, do enact as follows : Throwing

SECTION 1. It shall not be lawful for any lessee or occupant of any knives, place of amusement, or any plat of ground or building, to use or allow etc., and shooting, the same to be used for the exhibition of skill in throwing a knife or

knives, sword or swords, or any sharp instrument, at or toward any bibited.

human being ; nor shall it be lawful for any such lessee or occupant to premit* or allow for the same purpose, the use of a bow-gun, pistol, or other fire-arm of any description whatever, to be discharged, or

aimed at or toward any human being. Penalty. § 2. A violation of any of the provisions of this act shall be a mis

demeanor. Fines.

$ 3. All fines recovered under the provisions of this act shall be paid to the county treasurer of the respective counties where such violation occurs, for the support of the poor in such counties.

§ 4. This act shall take effect immediately.

* So iu the original.

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AN ACT to amend chapter one hundred and eighty-one of Villages.

the laws of eighteen hundred and seventy-five entitled “ An act to authorize the villages of the State of New York to furnish pure and wholesome water to the inhabitants thereof."

PASSED April 26, 1879; three fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section five of the “ Act to authorize the villages of Amending the State of New York furnish pure and wholesome water to the ch. 181,

Laws 1875. inhabitants thereof,” is hereby amended so as to read as follows:

$ 5. Before entering, taking or using any lands for the purpose of Furnishthis act, the said water commissioner shall cause a survey and map to ing water. be made of the lands intended to be taken or entered upon for any of and map said purposes, by and on which the land of each owner or occupant made. shall be designated, which map shall be signed by the president of said water commissioners and their secretary, and be filed in the office of the county clerk of the county in which the said lands are situated; and upon such filing said water commissioners, by any of their officers, agents or servants, may enter upon any lands so designated for the purpose of prosecuting the construction of their works.

82. This act shall take effect immediately. Ante, p. 78.

CHAP. 240.

AN ACT to amend chapter four hundred and four of the laws Pauper

of eighteen hundred and seventy-eight, entitled “ An act to and delinprovide for the support, treatment and care of pauper, des- gare

children. titute and delinquent children."

PASSED April 30, 1879 ; 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 four hundred and four of the Amending laws of eighteen hundred and seventy-eight entitled “ Av act to pro- llavo1878. vide for the support, treatment and care of pauper, destitute and delinquent children,” is hereby amended so as to read as follows:

$ 1. It shall not be lawful for any justice of the peace, boards of Where charities, police justice or other magistrate, to commit any child under under sixteen years of age as vagrant, truant or disorderly, to any jail, county sixteen to poor-house or alms-house, but such justices of the peace, boards mitted. of charities, police justices, or other magistrates, shall commit such child or children to some reformatory or other institution, as provided for in the case of juvenile delinquents, but in case of Notice to any such commitment such justice of the peace, board of charities, superin. police justice or other magistrate, shall immediately give notice to the of poor. superintendents of the poor or other authorities having charge of the poor of the county in which such commitment was made,

not to be sent to,

in county poorhouse.

giving the name and age of the person committed, to what inChildren stitution and the time for which committed; nor shall it be lawful

for any county superintendents or overseer of the poor or board of or retained charity or other officer, to send any child between the ages of two and sixteen years as a pauper,

to

any county poor-house or alms-house for support and care, or to retain any child between the ages of two and sixteen years in such poor-house or almshouse; but such county superintendents, overseers of the poor, boards of charities or other officers, shall provide for such child or children

in families, orphan asylums, hospitals or other appropriate institutions, Supervis, as now provided by law. The boards of supervisors of the several coun

ties, and the board of estimate and apportionment of the county of New

York, are hereby directed to take such action in the matter as may be Religious necessary to carry out the provisions of this act. When any such child

is committed to any orphan asylum or reformatory, it shall, when practilection of cable, be committed to an asylum or reformatory that is governed or con

trolled by persons of the same religious faith as the parents of such
child.

8 2. The second section of said act is hereby repealed.
§ 3. This act shall take effect immediately.
Ante, p. 653.

ors to take necessary action

govern se

CHAP 27. Banking. AN ACT to regulate deposits of stocks in the bank depart

ment by banks, banking associations and individual bank

ers.

Deposits of stock in bank department.

PASSED May 5, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Whenever, under existing laws, any bank, banking association or individual banker, is required to make a deposit of stock with the superintendent of the bank department in trust for such corporation or individual banker, it shall be lawful for any such bank, banking association or individual banker, to deposit any interest-bearing stock of the State of New York, or of the United States, with such bank superintendent. It shall also be lawful for any bank, banking association or individual banker now having a deposit of stocks of the State of New York, or of the United States, in said bank department, to withdraw the same from the said bank department after first delivering to the superintendent of the bank department an equal amount, at par, of any other stock of the State of New York, or of the United States, which bears interest, which such bank, banking association or individual banker may prefer to deposit in said department.

$ 2. This act shall take effect immediately.
Ante, vol. 4, pp. 134, 149 ;. vol. 7, p. 107 ; vol. 9, pp. 90, 91; vol. 10, p. 378.

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