Hudson river. Amending ch. 549, Laws 1867. Cutting ice in Hudson river. Interference. CHAP. 388. AN ACT to amend chapter five hundred and forty-nine of the laws of eighteen hundred and sixty-seven, entitled "An act to amend an act passed February eleventh, eighteen hundred and sixty, entitled An act in relation to the cutting of ice in the Hudson river,' providing additional safeguards for travelers and teams, and conferring jurisdiction over offenses mentioned in said act." PASSED May 28, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Chapter five hundred and forty-nine of the laws of eighteen hundred and sixty-seven, entitled "An act to amend an act passed February eleventh, eighteen hundred and sixty, entitled An act in relation to the cutting of ice in the Hudson river, providing additional safeguards for travelers and teams, and conferring jurisdiction over offenses mentioned in said act," is hereby amended by adding thereto section three: § 3. Whenever it shall require all the ice in any channel of the Hudson river between the center thereof and the lands on which an icehouse is built and used for storing ice, and whenever the owners or occupants of lands and ice-houses on directly opposite sides of said river, located either on the main shore or on an island, shall desire to cut ice in front of their respective lands, it shall not be lawful for any person or persons, other than the owner or occupant of such lands and ice-houses, to take possession of or to cut ice in said channel between the center thereof and his lands, after such owner or occupant shall have provided safeguards for travelers and teams as required by the act hereby amended. Whenever such prescribed safeguards are proto become vided, all ice lying between the center of the channel and the lands of property. any owner or occupant, shall become and be the personal property of When ice individual channel. such owner or occupant; and any person trespassing upon or taking the same for commercial purposes shall be liable to such owner or occupant for the value of the ice so taken, and for any injury done to Center of the same. The center of such channel is hereby defined as a line halfway between the east and west banks of such river, and where one of such ice-houses is on the main shore, and the other on an island, the said center is hereby defined a line half-way between the banks, upon which said ice-houses are located. Nothing in this act shall be construed to deprive the public from the right to travel or drive over such ice for any and all legitimate purposes whatever. § 2. This act shall take effect immediately. p. 127. CHAP. 389. AN ACT to amend chapter one hundred and fifty of the laws Surroof eighteen hundred and fifty, entitled "An act authorizing gates. surrogates to invest surplus moneys arising from sale of real estate in certain cases." PASSED May 28, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Laws 1850. SECTION 1. Section one of chapter one hundred and fifty of the Amending laws of eighteen hundred and fifty, entitled "An act authorizing sur- ch.150; rogates to invest surplus moneys arising from sale of real estate in certain cases," is hereby amended so as to read as follows: arising estate. § 1. Whenever any portion of the surplus moneys brought into the Investsurrogate's office as the proceeds of the sale of real estate shall belong ment of to a minor, or belong to any person who has a temporary interest in moneys the said money, and the reversionary interest belongs to another per- from sale son, the surrogate's court shall make such order for the investment of real thereof, and for the payment of the interest and of the principal thereof, as the supreme court is authorized or required by law to make in analogous cases, except that whenever any portion of any surplus moneys which shall be brought into said surrogate's court as the proceeds of the sale of any real estate shall belong to an infant, the said surrogate shall pay over the same to the general guardian of such infant upon the said general guardian giving additional bonds therefor, if required by the surrogate; and in case there shall be no general guardian, then the same shall be invested by said surrogate and the securities therefor preserved as in the next section required. Ante, vol. 4, p. 508. Ch. 150, L. 1850, was repealed by L. 1880, ch. 245. The above amending act is not expressly repealed, but see Co. Civ. Proc., § 2796. CHAP. 390. AN ACT extending the jurisdiction of courts of special ses- Special sions, except in the city of Albany and in the city and sessions. county of New York. PASSED May 28, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Courts of special sessions, except in the city of Albany Jurisdic and in the city and county of New York, shall, in addition to the tion of. powers now possessed by them, have also exclusive jurisdiction in the first instance to hear and determine the following cases: 1. Charges for petit larceny not charged as a second offense. 2. Charges for assault and battery not alleged to have been committed riotously. 3. Charges for running, trotting or pacing horses or any other animals. 4. Charges for unlawfully, intentionally or wrongfully injuring any telegraph wire, post, pier, abutment, materials or property belonging to any line of telegraph. 5. Charges for unlawfully and negligently setting fire to wood or fallow land, or allowing the same to extend to lands of others, or unlawfully refusing to extinguish any fire. 6. Charges for cruelty to animals under the several acts passed or which may hereafter be passed, relating to, or affecting animals. § 2. This act shall take effect immediately. 19 Hun, 188. Affirmed in Ct. App., 79 N. Y. 593; 20 Hun, 99, 241; 74 N. Y. 406. CHAP. 393. tive and Co-opera- AN ACT in relation to the election of trustees or directors of co-operative and industrial unions. industrial unions. Election or direct ors. PASSED March 28, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The trustees or directors of any corporation organized of trustees under chapter nine hundred and seventy-one of the laws of eighteen hundred and sixty-seven, entitled "An act for the incorporation of co-operative and industrial unions," may be elected by a majority of the stockholders present and voting at a meeting called and held for that purpose, and of which a notice specifying the object thereof, the time and place when and where such meeting will be held, shall be served on each stockholder by depositing in the post-office where the principal office of such corporation is situated, at least ten days previous to the day named therein for holding such meeting, a written or printed copy thereof, properly folded and inclosed in an envelope addressed to him at his usual place of residence, and prepaying the postage thereon, any thing in the charter of any corporation or in any act to the contrary notwithstanding. § 2. This act shall take effect immediately. Railroad companies. May in crease directors. CHAP, 395. AN ACT to authorize certain railroad companies to increase the number of their directors. PASSED May 28, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Any corporation having the power to construct or operate an elevated railroad shall have authority, at any meeting of the stockholders, by a vote of a majority in interest of the stockholders, to increase the number of its directors to any number not exceeding thirteen. § 2. This act shall take effect immediately. CHAP. 396. AN ACT to amend chapter two hundred and nineteen of the Public inlaws of eighteen hundred and seventy-seven, entitled "An struction. act for the relief of school districts wishing to contract with boards of education of cities to educate their children in city schools." PASSED May 28, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Laws 1877. SECTION 1. Section one of chapter two hundred and nineteen of the Amending laws of eighteen hundred and seventy-seven, entitled "An act for the ch. 219, relief of school districts wishing to contract with boards of education of cities to educate their children in city schools," is hereby amended so as to read as follows: districts boards of educate § 1. Whenever any school district adjoining a city or village of six Contracts thousand inhabitants, by a vote of a majority of the qualified voters of by school such district, shall empower the trustees thereof, the said trustees with shall enter into a written contract with the board of education of such education city or village, whereby all the children of such district may be enti- of cities to tled to be taught in the public schools of such city or village, for a children. period of not less than twenty-eight weeks in any school year, upon filing a copy of such contract duly certified by the trustees of such school district, and by the secretary of the board of education of said city or village, in the office of the superintendent of public instruction; such school district shall be deemed to have employed a competent teacher for such period, and shall be entitled to receive one distribution district quota each year, during which such contract shall be renewed and continued. § 2. Section two of said act is hereby amended so as to read as follows: superin §2. The board of education of any city or village, so contracting Report to with any school district, shall report the number of persons of school tendent. age in such district, together with those resident in the city or village, the same as though they were actual residents of the city or village, and shall report for the pupils attending the city or village schools from such district to the superintendent of public instruction, the same as though they were residents of such city or village. § 3. This act shall take effect immediately. Ante, p. 403. 50 Telegraphs. CHAP. 397. AN ACT to provide for the laying of telegraph wires under ground. PASSED May 28, 1879. May ay wires un der ground. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Any company or companies organized and incorporated under the laws of this State for the purpose of owning, constructing, using and maintaining a line or lines of electric telegraph within this State, or partly within and partly beyond the limits of this State, are hereby authorized, from time to time, to construct and lay lines of telegraph under ground in any city, village, or town within the limits of this State, subject to all the provisions of law in reference to such companies not inconsistent with this act; provided that such company shall, before laying any such line in any city, village or town of this State, first obtain from the common council of cities, the trustees of villages, or the commissioners of highways of towns, permission to use the streets within such city, village or town for the purposes herein set forth. § 2. All acts and parts of acts inconsistent with the provisions of this act are hereby, so far as they conflict with this act, repealed. § 3. This act shall take effect immediately. Canals. Employee compensa doing or CHAP. 403. AN ACT to prevent certain abuses upon the canals of this State. PASSED May 29, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Any lock-tender or other employee of this State upon receiving any of the canals of this State who shall ask, demand or receive, directly tion for or indirectly, from any boatman or other person, any fee, reward or neglecting gratuity for doing or omitting to do any act or thing in his capacity as to do any such lock-tender or employee; and any boatman or other person who shall pay or offer to pay, directly or indirectly, to any lock-tender or other employee of this State, upon any of the canals of this State, any guilty of a fee, reward or gratuity for doing or omitting to do any act or thing in his capacity as such lock-tender or employee, shall, upon conviction, be adjudged guilty of a misdemeanor. act within his ca-pacity as employee, misde meanor. As amended by ch. 278, L. 1880 (passed May 13, 1880). The amendment consists of inserting the words "ask, demand or " before the word “receive,” in the second line. |