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CHAP 446.

Laws 1887.

lect taxes.

AN ACT to amend chapter three hundred and, sixty-one of Tages,

the laws of eighteen hundred and sixty-seven, entitled “An act authorizing supplementary proceedings for the collection of taxes.

PASSED June 3, 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 three hundred and sixty-one of Amending the laws of eighteen hundred and sixty-seven, entitled “An act 1h 3813 authorizing supplementary proceedings for the collection of taxes," is hereby amended so as to read as follows:

8 1. When a tax exceeding ten dollars in amount, levied by the suppleboard of supervisors of a county against a person, firm, estate or cor- prentary

proceedporation, residents thereof, is returned by a collector to the county ings to coltreasurer uncollected, for want of goods and chattels out of which to collect the same, the supervisor of the town or ward, or the county treasurer, within one year thereafter, may apply on affidavit to the county judge, or special county judge of the county, and obtain an order requiring such person, firm, estate, or corporation, to appear and answer concerning his or their property. The same proceedings may in all respects be had as in cases supplementary to execution, and the same costs and disbursements may be allowed against the defendant, but none in his favor. The tax, if collected, shall be paid over to the county treasurer, and the costs collected from the defendant shall belong to the party instituting the proceeding. A county treasurer shall have no additional compensation for such proceeding; and a supervisor shall have no other except his per diem fees for time spent on the same.

$ 2. This act shall take effect immediately. Ante, vol. 7, p. 85.

CHAP 447.

AN ACT to amend article two, title two, chapter twelve, part County

one of the Revised Statutes, entitled “Of the county treas- treasurer. urer."

PASSED June 3, 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 twenty-five of article two of title two, chapter Amending twelve, part one of the Revised Statutes, is hereby amended so as to 1 R. S. 370. read as follows:

$ 25. If any such preceding county treasurer, or in case of his death, Penalty if his executors or administrators shall refuse or neglect to deliver such for nezbooks, papers and moneys, upon oath, when lawfully demanded, every deliver such person shall forfeit, for the use of the county, the sum of twelve money, hundred and fifty dollars, to be sued for and recovered by his successor papers in office, and whenever any preceding county treasurer, or his legal cessor.

books and

.

representatives, shall have in his or their hands any moneys which of right belong to such county, or any books, papers or vouchers belonging to said office, and shall refuse or neglect to deliver to his successor any such books, papers or vouchers, or pay over such moneys, it shall be the duty of such successor to sue for and recover the possession of such books, papers and vouchers, and to sue for and collect said money, for the use of such county, and to that end an action may be brought by said county treasurer upon the official bond of such preceding county treasurer, against him and his sureties, to recover the amount

of the moneys due said county. Penalty § 2. Whenever any county treasurer shall, after service on him perto pay ver sonally, or by leaving at his office, in his absence, with some person money on having charge thereof, or if such service cannot be made, by leaving order the court. with some person of suitable age and discretion at his place of resi

dence, or at his last place of residence in the county, if he has departed therefrom, of a certified copy of an order of the court, directing the pas. ment or delivery of any money or securities held by him pursuant to an order of the court, to any person or persons, shall fail or neglect so to do, or where any county treasurer has invested or loaned any moneys held by him pursuant to order of the court, to any person or persons on inadequate or worthless securities, and shall fail or neglect when required so to do, to pay over the amount of the moneys so invested to the person or persons entitled thereto, the court may, by order, direct that an action be brought upon the official bond of such treasurer, against him and his sureties, to recover the amount of the moneys or securities so directed to be paid or delivered, or of the moneys so invested on inadequate or worthless security, for the benefit of the person or persons in whose behalf the direction shall have been by such order given, and whose name or names appear therein, or their assigns, and thereupon such action may be brought for such purpose.

Ante, vol. 1. p. 342. The second section of this act contains provisions similar to those of ch. 524, L. 1874 (ante, vol. 9, p. 966), which was repealed by ch. 245, L. 1880. See Code Civ. Proc., § 1887, which contains some of the provisions of this section.

CHAP 449.

error.

AN ACT to amend article second of title six of chapter two

of the fourth part of the Revised Statutes, entitled “Of writs of error on judgments and certioraris in criminal cases.”

PASSED June 3, 1879. The People of the State of New York, represented in Senate and As

sembly, do enact as follows : Amending

SECTION 1. The fifteenth section of article second of title six of 2 R. S. 740. chapter two of the fourth part of the Revised Statutes, entitled “Of

writs of error on judgments and certioraris in criminal cases,” is hereby

amended so as to read as follows: When § 15. In all other cases writs of error upon any final judgment ren

dered upon any indictment are writs of right, and issue of course, in writs of vacation as well as in term, out of the court in which by law they may right.

be made returnable. In all cases now pending and hereafter brought When conviction to a conviction for a criminal offense shall be deemed a final judgment be deemed when sentence shall have been suspended by the court in which the trial judgment. was had, or otherwise suspended or stayed, and such conviction shall

writs of error are

have been affirmed in due course of law by a general term of the supreme court; and the defendant shall be entitled to review, in the court of appeals, such order or judgment of affirmance of such general term by writ of error subject in other respects to the provisions of this title, notwithstanding sentence has not been passed, and in case the court of appeals shall affirm such conviction, it shall remand the case for sentence to the court in which the trial was had.

$ 2. This act shall take effect immediately. Ante, vol. 2, p. 765.

CHAP. 460.

ch. 123,

be

AN ACT to amend chapter one hundred and twenty-three of Medical

the laws of eighteen hundred and fifty-four, entitled “An act science. to promote medical science."

PASSED June 3, 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 one hundred and twenty-three of the laws of eighteen hundred and fifty-four, entitled “ An act to pro- Laws 1854. mote medical science,” is hereby amended so as to read as follows:

§ 1. It shall be lawful in cities whose population exceeds thirty when thousand inhabitants, and in counties containing said cities, to de- cadayers liver to the professors and teachers in medical colleges and schools in delivered this State, and for said professors and teachers to receive the remains to medical or body of any deceased person, for the purposes of medical and surgical study; provided that said remains shall not have been regularly interred, and shall not have been desired for interment, by any relative or friend of said deceased person, within twenty-four hours after death; provided, also, that the remains of no person, who may be known to have relatives or friends, shall be so delivered or received, without the consent of said relatives or friends; and provided, that the remains of no one detained for debt, or as a witness, or on suspicion of crime, or of any traveler, nor of any person who shall have expressed a desire, in his or her last sickness, that his or her body may be interred, shall be delivered or received as aforesaid, but shall be buried in the usual manner; and provided also that in case the remains of any person so delivered or received shall be subsequently claimed by any surviving relative or friend, they shall be given up to said relative or friend for interment. And it shall be the duty of the said professors and teachers decently to bury in some public cemetery the remains of all bodies, after they shall have answered the purposes of study aforesaid; and for any neglect or violation of this provision of this act, the party so neglecting shall forfeit and pay a penalty of not less than twentyfive nor more than fifty dollars to be sued for by the health officers of said cities or of other places for the benefit of their department.

§ 2. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

$ 3. This act shall take effect immediately. Ante, vol. 3, p. 717.

CHAP 418

be furnishedwhat to

State re- AN AOT to amend chapter one hundred and seventy-three of the laws formatory,

of eighteen hundred and seventy-seven, entitled "An act in relation to the imprisonment of convicts in the New York State reformatory at Elmira, and the government and release of such convicts by the managers.

PASSED June 3, 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 three of chapter one hundred and seventy-three of the cb. 173, Laws 1877.

laws of eighteen hundred and seventy-seven, entitled “An act in relation to the imprisonment of convicts in the New York State reformatory at Elmira, and the government and release of such convicts by the managers," is hereby

amended so as to read as follows: Record to § 3. Every clerk of any court by which a criminal shall be sentenced to the

New York State reformatory shall furnish to the officer having such criminal in

charge a record containing a copy of the indictment, and of the plea, the names contain,

and residences of the justices presiding at the trial, also of the jurors, and of
the witnesses sworn on the trial, a full copy of the testimony, and of the charge
of the court, the verdict, the sentence pronounced, and the date thereof, which
record duly certified by the clerk, under his hand and official seal, may be used
as evidence against such criminal in any proceeding taken by him for a release
from imprisonment by habeas corpus or otherwise. A copy of the testimony
taken on the trial, and of the charge of the court, shall be furnished to the
clerk for the purposes of this act, by the stenographer acting upon the trial, or
if no stenographer be present, by the district attorney of the county, but the
court may direct the district attorney to make a summary of such testimony,
which summary may, after approval and by direction of the court, be made a
part of the record herein provided for, and if the court so directs, a cops of
the testimony need not be made and may be omitted from such record. The
stenographer or district attorney furnishing such copy or summary, and the
county clerk, shall be entitled to such compensation, in every case in which
they shall perform the duties required by this act, as shall be certified to be
just by the presiding judge at the trial, and shall be paid by the county in
which the trial is had, as part of the court expenses. The clerk shall, also,
upon any such conviction and sentence, forthwith transmit to the superintend-
ent of the reformatory notice thereof.

$ * This act shall take effect immediately.
Ante, p. 393.

a

CHAP 48.

Religious AN ACT to amend an act entitled “An act supplementary to chapter societies.

sixty of the laws of eighteen hundred and thirteen, entitled "An act to provide for the incorporation of religious societies,'" passed March twenty-ninth, eighteen hundred and seventy-five.

PASSED June 3, 18.9. The People of the State of New York, represented in Senate and Assembly, do

enact as follows: Alteration SECTION 1. The first section of an act passed March twenty-nine, eighteen of time of hundred and seventy-five, entitled “An act supplementary to chapter sixty of election or term of

the laws of eighteen hundred and thirteen, entitled · An act to provide for the office of incorporation of religious societies,'” is hereby amended by adding the follow

6

* So in the original.

trustees.

ing words at the end of said section: And that whenever hereafter any church, congregation or society, incorporated under and by virtue of the provisions of section three of chapter sixty of the laws of eighteen hundred and thirteen, may desire to alter the time of the election of its trustees, or to alter the dates upon which the terms of office of such trustees shall begin and end, such church, congregation or society may make such change or alteration; and at any regular meeting of the members of such church, congregation or society, by a resolution of a majority of such members present and voting, may fix and prescribe the time when such election of trustees shall take place, or the dates when the terms of office of such trustees shall respectively begin and end; but the same previous notice of such meeting, and the object thereof, must be given that is now required by law for a meeting at which the election of trustees is to take place; provided that nothing in this act shall affect trustees already elected, and that nothing herein contained shall be construed to permit an election of trustees for a longer period than is now allowed by law.

§ 2. This act shall take effect immediately. Ante, p. 57.

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CHAP, 471. . AN ACT authorizing certain sums of money to be paid to prisoners, Convicts. confined in the county penitentiaries, upon their discharge therefrom.

PASSED June 4, 1879.
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 superintendents of county peniten-

Payments tiaries to furnish to each convict, male or female, who shall have been convicted to convicts of a felony, and imprisoned in said penitentiaries in pursuance of the provisions en disa

charge of chapter five hundred and seventy-one of the laws of eighteen hundred and from seventy-five, upon their discharge from prison, by pardon or otherwise, neces- county

penitensary clothing, not exceeding twelve dollars in value, except for the time between tiary. the first day of November and the first day of April, when clothing, not exceeding eighteen dollars in value, may be given; and a sum of money not exceeding, on an average, five dollars, as said superintendent may deem proper and necessary; and the sum of four cents for each mile which it may be necessary for each convict to travel to reach his or her place of residence within this State, and if such convict has no residence within the State, to the place of his or her conviction.

$ 2. It shall be the duty of the superintendents of said penitentiaries to make Report of a return to the comptroller of this State, under oath on the thirtieth day of superin.

tendent. September of each year, in which he shall fully set forth the name of each convict received in said penitentiaries, by virtue of the act named in section one of this act, in what court convicted, before what presiding justice or judge the offense for which conviction was had, the date of such conviction and length of sentence, date of reception of such convict at such penitentiaries, and the date of his or her discharge therefrom; and, in detail, the sums of money paid by them under the provisions of section one of this act. $ 3. The comptroller shall thereupon audit and allow to such penitentiaries

Compsuch sum as may be found due to them, under the foregoing provision, during troller to the year preceding said thirtieth day of September, and shall draw his war- audit and

pay claims rant upon the treasury of the State in favor of the superintendent of each penitentiary, for the amount so audited and allowed, payable out of any money in the treasury not otherwise appropriated.

§ 4. This act shall take effect immediately.

Ante, p. 193. Similar to the provisions in vol. 2, p. 792, ante (amended vol. 9, p. 953), in regard to clothing and money furnished to convicts when discharged from State prisons.

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