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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 480.

mon.

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 Amending 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- cadavers 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.

8 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 42.

be fur

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 ch. 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 nished

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

CHAP 468.

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, 1879. 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

* 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.

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 Nero 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 adiso 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 sary 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. September of each year, in which he shall fully set forth the name of each con

tendent. vict 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.

51

uors.

CHAP 47. Intoxicat- AN ACT declaratory of chapter one hundred and forty-five of the ing liq

laws of eighteen hundred and seventy-nine, entitled “An act to further amend chapter one hundred and seventy-five of the laws of eighteen hundred and seventy, entitled 'An act regulating the sale of intoxicating liquors.

PASSED June 4, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do

enact as follows: Declara- SECTION 1. Nothing contained in chapter one Irundred and forty-five of the tory of

laws of eighteen hundred and seventy-nine, entitled "An act to further amend ch. 145, Laws 1879. chapter one hundred and seventy-five of the laws of eighteen hundred and

seventy, entitled 'An act regulating the sale of intoxicating liquors,'” shall be
construed to affect the provisions of chapter six hundred and forty-two of the laws
of eighteen hundred and seventy-four, entitled "An act declaratory of and to
amend chapter five hundred and forty-nine of the laws of eighteen hundred and
seventy-three, entitled 'An act to amend an act entitled 'An act regulating the
sale of intoxicating liquors,' passed April eleventh, eighteen hundred and sev-
enty, and the act entitled 'An act to suppress intemperance and to regulate the
sale of intoxicating liquors,' passed April sixteenth, eighteen hundred and fifty.
seven,' passed June twenty-third, eighteen hundred and seventy-four,

$ 2. This act shall take effect immediately.
Ante, p. 716.

CHAP 47. Street rall- AN ACT to prevent the delaying of passengers on street railroad cars, and to prohibit obstructing the free passage of street railroad cars.

PASSED June 5, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do

enact as follors : Obstruct. SECTION 1. Every person who shall willfully obstruct, hinder, or delay the pass. ing.

age or running of any car lawfully running upon any horse or street railroad in this State, shall be deemed guilty of a misdemeanor.

8 2. This act shall take effect immediately.

CHAP. 478. New York. AN ACT to amend chapter one hundred and twenty-five of the laws of eigh

teen hundred and seventy-eight, entitled "An act relating to contracts for lighting the public lamps in the city of New York."

PASSED June 5, 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 one of chapter one hundred and twenty-five of the laws of ch. 125,

eighteen hundred and seventy-eight, entitled "An act relating to contracts for Laws 1878.

lighting the public lamps in the city of New York,” is hereby amended so as to

read as follows: Contracts $ 1. The board authorized to make and enter into contracts for lighting the for light- streets, avenues and places of the city of New York, with gas, consisting of the ing streets,

mayor, comptroller and commissioner of public works, is hereby authorized and
empowered to contract for such lighting the public lamps on the streets, avenues,
piers, parks and places, with gas or other illuminating material in said city, by one
or more contracts to be let at public lettings, as provided by law, for a period of
one year, or any part of a year, and commencing and terminating at any dates the
said board may determine; and the care and maintenance of such lamps shall be
under the supervision of the commissioner of public works. Provided always
that the department of public parks shall have exclusive authority to decide
when and where any new lamps shall be put up and lighted in any of said parks
or places under its control.

$ 2. All acts or parts of acts inconsistent with this act are hereby repealed.
Š 3. This act shall take effect immediately.
Ante, p. '535.

etc.

CHAP 481.

ances.

AN ACT to amend chapter three hundred and seventy-nine New Yoik.

of the laws of eighteen hundred and seventy-eight, entitled “An act relative to judgments entered upon forfeited recognizances in the city and county of New York.”

PASSED June 5, 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 seventy-nine Amending of the laws of eighteen hundred and seventy-eight, entitled “Ăn act class

Laws 1878. relative to judgments entered upon forfeited recognizances in the city and county of New York,” is hereby amended so as to read as follows:

$ 1. Any one of the judges presiding at the court of general ses- Vacating sions of the peace in and for the city and county of New York, and judga any justice presiding at a court of oyer and terminer in said county, in forfeited whichever court any recognizance shall be forfeited, may upon the recognizcertificate of the district attorney of the county of New York that the people of the State of New York have lost no rights by reason of the failure of a surety to produce a principal in compliance with the terms of a recognizance given by them, and that by reason of the principal being produced the said people of the State of New York are in as good a position to prosecute said principal as when such failure occurred, whether such principal has been tried or whether a nolle prosequi has been entered or not, by order vacate and set aside or modify any judgment heretofore entered, or that may be hereafter entered upon the forfeiture of such recognizance against such principal and surety, or against either and as to either, on payment to the chamberlain of the city of New York of all costs included in such judgment or judgments, and of all expenses incurred in the apprehension or recapture of such principal, and if such fine shall have been

or judgment collected in whole or in part upon such forfeited recognizance, the court may in its discretion direct the same or any part thereof to be remitted, and the officers, district attorney, chamberlain of the city of New York, in whose hands the money remains, must pay the same, or the part remitted, according to the order, retaining the costs, if any, as aforesaid. $ 2. This act shall take effect immediately. Ante, p. 643.

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