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on behalf of the mayor, aldermen and commonalty of the city of New York by the comptroller of said city, upon the advice of the counsel to the corporation that the same should be executed, and in such form as he may approve; or security may be given in such manner and form as the said counsel to the corporation may advise.
§ 2. Any such bond, undertaking or stipulation executed since the first Bonds, day of January, one thousand eight hundred and eighty, shall have the stea legalsame force and effect as if executed subsequent to the passage of this act.
$ 3. This act shall not affect any existing provision of law author- Not to izing municipal corporations to stay the execution of a judgment, or order appealed from without an undertaking or other security.
$ 4. This act shall take effect immediately.
affect existing provisions of law.
AN ACT to declare women eligible to serve as school trustees.
PASSED February 12, 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 deemed to be ineligible to serve as any school officer, or to vote at any school meeting, by reason of sex, who has the other qualifications now required by law.
8 2. This act shall take effect immediately.
317, laws of
AN ACT to amend chapter three hundred and seventeen of
the laws of eighteen hundred and seventy-eight, entitled “ An act to amend chapter seventy-five of the laws of eighteen hundred and seventy-eight, entitled “An act in relation to the bonded indebtedness of villages, cities, towns and counties.'
PASSED February 14, 1880 ; 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 seventeen of Sec. 1 of the laws of eighteen hundred and seventy-eight, entitled “An act to chapter amend chapter seventy-five of the laws of eighteen hundred and sev- 1878. enty-eight, entitled "An act in relation to the bonded indebtedness of villages, cities, towns and counties,'” is hereby amended so as to read as follows:
8 1. The present bonded indebtedness of any village, city, town, Bonded indistrict of a town, or county, may be paid up or retired by the issu- debtedance of bonds of the same amount by the respective officers or boards be paid up who were authorized to issue such outstanding bonds; provided, how- be issue of ever, that such new bonds shall only be issued when the existing bonds bonds. can be retired or paid by the substitution of new bonds or by money realized thereon, in the place and stead of existing bonds, bearing a lower rate of interest than the bonds so authorized to be retired or paid. All bonds taken up by new bonds, or paid under the provisions taken up. of this act, shall be immediately canceled and destroyed ; and a certifi- teled.
Act, how coustrued.
cate shall be made and filed in the county clerk's office of the bonds
8 Ž. This act shall take effect immediately.
ing of securities
AN ACT to regulate the depositing of securities by insurance
companies with the superintendent of the insurance department.
PASSED February 20, 1880. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Deposito SECTION 1. In all cases where by the laws of this State any insur
ance company is required to deposit with the superintendent of the by insur insurance department, stocks or bonds of the United States, or of the ance.com- State of New York, as security for policy-holders, bearing not less
than six per centum interest per annum, the superintendent may re
ceive, for the purposes of such deposit, registered stocks or bonds of deposit the United States, or of the State of New York, bearing interest at consist. not less than four per centum per annum ; provided that such stocks
or bonds shall not be received at a rate above their par value. And if the market value of such stocks or bonds deposited, or offered for de
posit, shall at any time be less than par, the superintendent shall redeposit to quire an additional deposit of such stocks or bonds to make the total deiciency. deposit equal in the aggregate to the sum required by law to be depos
ited with the superintendent.
8 2. This act shall take effect immediately.
Public in- AN ACT to amend chapter five hundred and fifty-five of the struction.
laws of eighteen hundred and sixty-four, entitled “An act to revise and consolidate the general acts relating to public instruction."
PASSED February 23, 1880 ; 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 ten of title three of chapter five hundred and LAWS1864. fifty-five of the laws of eighteen hundred and sixty-four, entitled
“An act to revise and consolidate the general acts relating to public instruction,” is hereby amended so as to read as follows:
8 10. Whenever any school district or separate neighborhood shall have been excluded from participation in any apportionment made by Apportionthe superintendent, or by the school commissioners, by reason of its ment. having omitted to make any report required by law, or to comply with any other provision of law, or with any rule or regulation made by the superintendent under the authority of law, and it shall be shown to the superintendent that such omission was accidental or excusable, he may, upon the application of such district or neighborhood, make to it an equitable allowance; and if the apportionment was made by himself, cause it to be paid out of the contingent fund; and, if the apportionment was made by the commissioners, direct them to apportion such allowance to it, at their next annual apportionment, in addition to any apportionment to which it may then be entitled. And the superintendent may, in his discretion, upon the recommendation of the school commissioner having jurisdiction over the district in default, direct that the money so equitably apportioned shall be paid in satisfaction of teachers' wages earned by a teacher not qualified in accordance with the provisions of the law as hereinafter set forth.
§ 2. All acts and parts of acts inconsistent with this act are hereby repealed.
$ 3. This act shall take effect immediately. Ante, vol. 6, p. 314.
law of evidence.
AN ACT to amend the law of evidence and practice on civil Amending
and criminal trials.
Passed February 28, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Comparison of a disputed writing, with any writing Compariproved to the satisfaction of the court to be genuine, shall be per- disputed mitted to be made by witnesses in all trials and proceedings, and such writings. writings and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
82. This act shall take effect immediately.
[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.]
parade to interfere
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 : No pro
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 passage or shall not be interfered with by the formation, halt or march of any cars upon such procession or parade, or of the persons composing it. Whenever
any procession shall find it necessary to march across a railway track, cross rall- the portion of said procession which in so marching is likely to stop tracks. the passage of any car or cars upon said track shall come to a halt in
order to permit said car to proceed. Certain 8 2. All processions or parades occupying or marching upon any parades and pro
street of any city to the exclusion or interruption of other citizens in
their individual right of use thereof (except the national guard and forbidden except up- the police and fire department), are forbidden, unless written notice of on notice, 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. What § 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. 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.
Escort to be furnished.
AN ACT to amend the Code of Civil Procedure.
Civil ProPASSED March 10, 1880; three-fifths being present. cedure. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two hundred and fifty-one of the Code of Civil Proced- Amending
$ 251. ure is hereby amended so as to read as follows :
$ 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
be paid by ten cents for each folío so written out, and may enforce payment thereof. If parties. 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.
the laws of eighteen hundred and seventy-six, entitled “ An act sup- Religious
PASSED March 10, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
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 ch, 130.5
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 :
$ 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 trus-. tees 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
of tempopose 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.