[Chap. 42 (passed March 3, 1880,) amends chap. 590 of the Laws of 1872. That chapter, by some mischance, was not inserted in the regular order in vol. 9, and is therefore printed here, as amended by chap. 42 of 1880. The amendment consists of inserting in section three the words printed in italics.] No pro parade to interfere with free passage of CHAP. 590. AN ACT to regulate processions and parades in the cities of the State of New York. PASSED May 7, 1872. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. No procession or parade shall use any street upon the cession or surface of which is a railway track or tracks by marching upon the said track or tracks, and a free passage of cars upon railway tracks shall not be interfered with by the formation, halt or march of any such procession or parade, or of the persons composing it. Whenever any procession shall find it necessary to march across a railway track, the portion of said procession which in so marching is likely to stop the passage of any car or cars upon said track shall come to a halt in order to permit said car to proceed. cars upon railroads. How to cross rail way tracks. Certain parades and processions forbidden except upon notice, etc. Escort to be furnished. What parades § 2. All processions or parades occupying or marching upon any street of any city to the exclusion or interruption of other citizens in their individual right of use thereof (except the national guard and the police and fire department), are forbidden, unless written notice of the object, time and route of such procession or parade be given by the chief officer thereof, not less than six hours previous to its forming or marching, to the police authorities of said city; and it may be lawful for said police authorities to designate to such procession or parade how much of the street in width it can occupy with especial reference to crowded thoroughfares through which said procession may move; and when so designated, the chief officer of said procession or parade shall be responsible that the designation is obeyed; and it shall be the duty of the police authorities to furnish such escort as may be necessary to protect persons and property and maintain the public peace and order. § 3. All processions and parades on Sunday, in any street or public prohibited place of any city, excepting only funeral processions engaged in the on Sunday. actual burial of the dead, and processions to and from any place of worship in connection with a religious service there celebrated, are Fireworks, forbidden; and in no such excepted case shall there be any music, hibited. fireworks, discharge of cannons or fire-arms, or other disturbing noise; provided that in any military or Grand Army of the Republic funeral music may be played while escorting the body to and from such place, but such music shall not be played within one block of any place of worship where worship is being celebrated. etc., pro Penalty. § 4. Every person willfully violating any provision of this act shall be guilty of a misdemeanor, punishable with a fine not exceeding twenty dollars, or imprisonment not exceeding ten days, or both at the discretion of the court. § 5. This act shall take effect immediately. CHAP. 54. AN ACT to amend the Code of Civil Procedure. PASSED March 10, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Code of Civil Procedure. SECTION 1. Section two hundred and fifty-one of the Code of Civil Proced- Amending ure is hereby amended so as to read as follows: § 251. stenogra § 251. The justices of the supreme court for the first judicial district, or a Appointmajority of them, must appoint, and may at pleasure remove, a stenographer ing of for each term of the circuit court, for the general term of the supreme court, phers by and for each special term of the supreme court where issues of fact are triable justices. which constitutes a separate part. Each stenographer so appointed is entitled to a salary, fixed and to be paid as prescribed by law. He must attend Duties. all the sittings of the part for which he is appointed. If any judge requires a copy of any proceedings written out at length from the stenographic notes, he may make an order directing one-half of the stenographer's fees therefor to be Fees for paid by each of the parties to the action or special proceeding, at the rate of copies to ten cents for each folio so written out, and may enforce payment thereof. If a paid by there are two or more parties on the same side, the order may direct either of them to pay the sum payable by their side for the stenographer's fees, or it may apportion the payment thereof among them as the judge deems just. §2. This act shall take effect immediately. Amended so as to allow a stenographer for the General Terms. parties. CHAP. 55. AN ACT to amend section three of chapter one hundred and ten of the laws of eighteen hundred and seventy-six, entitled "An act sup- Religious plemental to chapter sixty of the laws of eighteen hundred and societies. thirteen, entitled An act to provide for the incorporation of religious societies, and of the several acts amendatory thereof.'" PASSED March 10, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 110, SECTION 1. Section three of chapter one hundred and ten of the laws of Amending eighteen hundred and seventy-six, entitled "An act supplemental to chapter Laws 1876. sixty of the laws of eighteen hundred and thirteen, entitled 'An act to provide for the incorporation of religious societies, and of the several acts amendatory thereof,'" is hereby amended so as to read as follows: of tempo § 3. Whenever any church, parish or religious society, in connection with any such governing body, shall become extinct, or shall cease to maintain religious services therein for two consecutive years, by reason of the death or removal of its members, or for any other cause, it shall be lawful for the trustees elected by such governing body, as aforesaid, to take possession of the Trustees temporalities belonging to such extinct church or society, and manage or dis- to dispose pose of the same, and apply the proceeds thereof to any of the objects ralities mentioned in the second section of this act. The governing body to which when the church or society belongs shall determine when any church or society has society become extinct, or has ceased to maintain religious services for two consecutive extinct. years, provided that no church or society having more than thirteen resident members shall be declared extinct, unless it has failed for two consecutive years to maintain religious service therein. § 2. This act shall take effect immediately. Ante, p. 281. becomes Elections. Who shall be eligible as inspect ors. Watchers, privileges and duties. How re CHAP. 56. AN ACT to promote honest elections. PASSED March 11, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. No person shall be eligible to the office of inspector of election or clerk of the poll, or be qualified to act as such, unless he can read and write the English language. § 2. It shall be a misdemeanor for any person not possessing such qualifications to act as an inspector of election or clerk of the poll. § 3. The election at every poll shall be public to the watchers hereinafter provided for, from its commencement to the close of the canvass and signing of the proper returns and copies thereof. § 4. Every political organization which shall present a candidate or candidates for the suffrages of the voters of any election district, shall have the right to appoint, not to exceed, two electors as watchers at the poll of such election district for every election. Such appointment may be evidenced by a written or printed appointment, signed by the president or the chairman and the secretary of such political organization, but no ward or town organization shall be entitled to watchers at any poll outside the limit of such ward or town. 5. Said watchers and each of them shall be entitled to be present at such election in the room occupied by the inspectors of election, commencing at least fifteen minutes before any ballot-box shall be opened, until the close of the canvass, and the signing of the proper returns of such election. § 6. At every election immediately before any ballots are recieved by the inspectors of election, or any of them, said inspectors shall unlock every ballotbox used, or to be used, at such election, and permit each watcher present to examine said ballot-box, and every part and portion thereof, until he is satisfied as to the structure thereof, and that there is, at the commencement of receiving ballots, no ballots therein. §7. Every watcher shall have the right, from the time of so inspecting said ballot-box or boxes, at any and all times until the canvass of the ballots and signing of the proper returns and copies thereof, to be present in the room occupied by said inspectors, in a position and place where he may fully, conveniently and comfortably watch the reception and deposit of every ballot cast at such election, and the full and final canvass of the ballots, and signing of the proper returns and copies thereof; and no ballot-box or ballot cast, except it be in the ballot-box, shall be removed from the constant sight and inspection of such watchers, until the canvass is closed and the proper returns and copies thereof made and completed. § 8. Every ballot-box shall be so placed, at a window or elsewhere, that the voter depositing any ballot and each watcher may conveniently see every ballot received by the inspectors and deposited in the ballot-box. § 9. No screen or other obstruction to such view of any ballot-box by the voter or any watcher shall be allowed. § 10. If requested by any watcher or any elector present at any canvass, it shall be the duty of the inspectors of election, and each of them, to exhibit any and all ballots cast at such election to such watcher or elector fully opened, and in such a condition and manner that he may fully and carefully read and examine the same, though said inspector shall not allow any such ballot to be taken from his hand. § 11. Every return or statement of the result of the canvass of any election turns shall shall be made upon a single sheet of paper, or if not, each half-sheet shall be signed at the end thereof by the inspectors. be made. Size of poll room. Chal lenges. § 12. The room used for the reception of ballots shall be of a reasonable size, so as to admit at all times at least twelve electors, including the watchers, exclusive of the inspectors of election and clerks of the poll. § 13. Any watcher or other elector may challenge the right of any person offering to vote at any election, and the name of the person so challenging shall not be disclosed by any inspector of election or clerk of the poll, unless required so to do by a court of justice or magistrate in some legal proceeding. § 14. The inspectors of election of each election district shall, within returns. twenty-four hours after the completion of the canvass, in addition to the making and filing of the returns and statements thereof now di- Manner of rected and required by law, cause a duplicate of such return or state- making ment to be filed in the office of the clerk of the county. One of their number may be deputed by them to, and may file the same, and he shall be paid for so doing, except in cities and towns where the county clerk's office is situated, the sum of five dollars, and also four cents a mile for each mile actually and necessarily traveled by the usual route. in going to and returning from the said county clerk's office, to be audited, allowed and paid in the same manner as for other services of said inspectors. § 15. The returns or statements of election on file in county, town and city clerk's offices shall be public records and open to inspection and examination by any elector of the State. Returns open to inspection of all. Inspector not to dis § 16. No inspector of election or clerk of the poll, who shall act as such during any portion of any election, shall peddle, distribute or tribute give tickets to electors, during any part of the day of such election. tickets. 17. No lager beer, ale, wine or spirituous liquors shall be Sale of liqallowed on any election day in any room used for election pur-hibited. poses. uors pro false returns. § 18. Every inspector of election or clerk of the poll who shall Penalty for intentionally make, or attempt to make, any false canvass of the ballots cast at an election, or shall intentionally make, or attempt to make, any false statement of the result of any canvass, though not signed by a majority of the inspectors of election, shall be guilty of a felony, and be punished by imprisonment in the county jail or a penitentiary, not exceeding one year, or in the State prison, not exceeding five years. inspectors. § 19. Any person who shall induce, or attempt to induce, any in- Bribery of spector of election, or clerk of the poll to do any act forbidden by the last section shall be guilty of a felony, and be punished in the same manner and to the same extent. §20. Every inspector of election, or clerk of the poll, who shall intentionally omit, neglect or refuse to do any act required by this act, and every inspector of election, clerk of the poll, policeman, member of any police force or other person who shall intentionally refuse to permit the doing of any act hereby allowed to be done by any watcher or elector, or shall intentionally prevent, or attempt to prevent, the doing thereof, or shall intentionally do any act forbidden by this act, except in sections eighteen and nineteen thereof, shall be guilty of a misdemeanor, and be punished by imprisonment in a county jail or penitentiary for not exceeding one year, or by a fine of not exceeding two hundred and fifty dollars, or by both such fine and imprisonment. Penalties to comply visions of for neglect with pro act. ply to all § 21. This act shall apply to all elections general or special, includ- Act to aping town elections in all towns and charter elections in all of the elections. cities and incorporated villages of this State. Where the charter of any village shall provide that the trustees, or any officer or officers thereof, may or shall, ex officio, be inspectors of any charter election therein or therefor, said trustees or officers may so act, notwithstanding they do not possess the qualifications required by section one hereof, and section two shall not apply to their so acting. § 22. Wherever the word inspector appears in this act it shall be taken to include and mean all officers who, under any law of this State, shall be required to canvass votes. § 23. This act, so far as the same refers to the qualifications of Meaning of spector. word in "inspectors of elections" and "clerks of the poll," shall take effect so as to apply to those hereafter to be appointed or elected as such inspectors and clerks, and in all other respects, shall take effect immediately. See chs. 366 and 553, post. Law schools Amending ch. 417, CHAP. 58. AN ACT further to amend chapter four hundred and seventeen of the laws of eighteen hundred and seventy-seven, entitled "An act to repeal certain acts and parts of acts." PASSED March 11, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Subdivision seventeen of section three of chapter four Laws 1877. hundred and seventeen of the laws of eighteen hundred and seventyseven, entitled "An act to repeal certain acts and parts of acts," is hereby further amended so as to read as follows: to bar. 17. The repeal of the laws conferring upon a graduate of the law department of the University of Albany, or of the law department of the University of the city of New York, or of the law school of Columbia College, or of the law department of Hamilton College, the Admission right to be admitted to practice as an attorney and counselor at law, upon the production of his diploma, does not affect the right of a person who was a student in, or was graduated by either of those departments or schools, on or before the first day of April, eighteen hundred and seventy-eight, to be so admitted at any time within one year after this amendatory act takes effect, upon his complying with the existing laws as hereinafter defined relating to the admission of such graduate to practice; nor does the repeal of said laws, or of chapter four hundred and eighty-six of the laws of eighteen hundred and seventy-one, affect the right of any other person who, but for the repeal of the said law or laws, would have been entitled to be admitted as an attorney and counselor at law, at any time on or before the first day of October, eighteen hundred and eighty, to be so admitted as an attorney and counselor at law, within one year after this amendatory act takes effect, upon his complying with the existing laws as defined in section four of the act hereby amended, relating to the admission of such a graduate or person to practice, or upon the production of a license granted to any such person by the supreme court at a general term thereof, permitting such person to practice as an attorney. § 2. This act shall take effect immediately. The same subdivision was amended by L. 1878, ch. 126, and by L. 1879, chs. 35, 257 and 359, |