tion. in bags, barrels or packages shall, after the same has been inspected, Inspechave been kept in damp or exposed situations, without being properly sheltered or protected, and consequently injured, blackened or stained, either in the salt or in the package containing the same, such salt shall be reinspected and rebranded as second quality, and the absolute weight as well as the quality shall be determined by the brand of the superintendent of the Onondaga salt springs. 3. No dairy salt shall be made on the Onondaga salt springs reser- Dairy salt. vation from salt made by boiling unless the same shall, in addition to the ordinary process of making the salt, be purified by a chemical process, so as to take from it all impurities as far as can be, to render it equal to the best standard of dairy salt known in the markets of this State. § 4. This act shall take effect immediately. CHAP. 140. of bank AN ACT to place and maintain shareholders of State banks, Taxation in the assessment and taxation of their shares of stock, stock. upon an equality with shareholders of national banks. PASSED April 21, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ers to be rate as tional stock. SECTION 1. The shareholders of any bank, banking association, or Shareholdcorporation doing a banking business under the general banking law taxed only or a special charter of this State, shall be assessed and taxed with at same respect to their shares of stock, only at the same rate and place, to shareholdthe same extent, and in the same manner as shareholders of national ers of nabanks may be liable at the same time to be assessed and taxed by bank authority of the State of New York; provided, however, that no debts shall be deducted from any such assessment of any person apply- No debts ing for the benefit of this act, which have been deducted from the to be deassessment of other personal property of such person, and in making from asapplication for such deduction every person making the application which shall make oath that he has not applied to have such debts deducted have been from any other assessments against him, and that no such deduction from ashas been made. ducted sessment deducted sessment of other property. act to put § 2. It is hereby declared that the true intent and meaning of this personal act is to place and maintain shareholders of banks, associations and corporations aforesaid upon an equality, in the particulars in this act referred to, with the shareholders of national banks organized under Intent of the act of congress entitled "An act to provide a national currency, sharehold secured by a pledge of United States bonds, and to provide for the ers on an circulation and redemption thereof, approved June third, eighteen with share hundred and sixty-four;" and all acts and parts of acts inconsistent with the provisions hereof are hereby repealed. § 3. This act shall take effect immediately. equality holders of national bank stock. Suffrage ascer tained of citizens entitledto. Filing of request. Town clerks, the peace CHAP. 142. AN ACT to ascertain the citizens of the several towns in any county The People of the State of New York represented in Senate and Assembly, do enact as follows: SECTION 1. Whenever fifty or more resident citizens and legal voters of any town, in any county in this State having a population of over three hundred thousand according to the last State census, shall file in the office of the town justices of clerk of such town, in writing, a request that the citizens of such town, entitled to the right of suffrage, be ascertained, the town clerk shall, within five days thereafter, notify the justices of the peace and supervisor of said town to meet, and in such notice shall name a time and place in said town, not less than three or more than ten days thereafter, for them to meet. Such justices and supervisor and the town clerk shall at the time and place so designated meet, and shall constitute a board with power to do and perform the acts and duties hereinafter required. and supervisors to constitute board. Four necessary for a quorum. Appointment of registers. Organiza- Board of Time and Board to give notice of meeting. Majority of board may act and pass on lists. Challenged party to § 2. The presence of at least four of said boara shall be necessary to constitute a quorum. When so convened they shall proceed to appoint, under their hands and seals, five citizens and legal voters of said town, who shall have been residents of said town for at least one year next before their appointment as registers, to act as and be known as the board of registry of said town. Said registers shall be selected from the two opposing political parties which cast the greatest number of votes at the then next preceding general election, and not more than three of them shall be at any time taken from or belong to either of said political parties. If any person so appointed fails or refuses to serve, or if a vacancy at any time shall occur, the other members of the board shall fill the vacancy by appointment. § 3. The persons so appointed shall be notified by the town clerk within five days thereafter, and thereupon and at least thirty days before the next annual town meeting or general election, they shall meet and organize as a board of registry by electing a chairman and clerk. They shall then fix the times and places at which they will meet for the purpose of ascertaining the citizens of said town entitled to the right of suffrage therein, which meetings shall be on four different days, from eight o'clock in the morning until nine o'clock in the evening, for the purpose of registration, the last day shall be for the purpose only of revising and correcting the roll, and shall be at least ten days before the next ensuing annual town meeting or general election. § 4. The said board of registry shall immediately after organization cause such notice of their meetings for registration to be given, as in their judgment shall be reasonable and suflicient, by advertising the same in at least one newspaper of each party, if there be one having a circulation in said town, and by posting ten or more notices in such town, in as many public and conspicuous places as they shall deem necessary and sufficient to notify the resident electors of said town. § 5. No person shall be entitled to vote at, or take part in, such election or town meeting except as ascertained to be entitled to the right of suffrage, as herein provided. § 6. At the times of meeting of the board of registry, they, or a majority of them, shall have power to act, and shall take and enter on five lists the name and residence of each person appearing before them and claiming to be qualified and entitled to the right of suffrage, who shall not be challenged. And the citizens of such town entitled to and claiming the right to vote at the ensuing election, or annual town meeting, may attend before said board of registry for the purpose of registration. § 7. If any person so offering himself for enrollment shall be chalPake bath. lenged by any member of said board, or by any person entitled to vote in said town, the said board of registry, or any member thereof, shall tender to him the oath required to be administered to persons when votes are challenged at general elections. And if the same is taken, of board to then the name of such person shall be entered on the list of voters, Duty of and not otherwise. And it shall be the duty of every member of said members board to challenge every person offering himself for registration who challenge. is, in his opinion, not entitled to vote, and who will not be entitled to vote at the next ensuing election or town meeting. ized citi § 8. Any person not born in the United States, claiming to be a Naturalcitizen by naturalization, applying to have his name placed on the zens must registry, must produce a certificate of naturalization from a court of produce competent jurisdiction, or prove by his oath or affirmation to the board of registry that such a certificate has been issued, and that the same has been lost or destroyed. certificatc. make cal list. § 9. The said board of registry shall make one complete list of all Board to the names registered, in alphabetical order, for each election district, alphabetiwith the place of residence of each, as near as may be, which shall be signed by the members of said board and filed by them in the town clerk's office of said town at least one week preceding every town meeting and general election; and said town clerk shall cause a copy be given to Copies to thereof, certified by him, to be delivered to the officers presiding at officers of the ensuing annual town meeting, and at each election district at the town annual general election in said town at the opening of the polls, who and to shall reject the vote of any person not on said list. But any registered person offering to vote at such election or town meeting may be challenged, the game as if this act had not been passed; and no person No person shall be allowed to vote save in the election district of which he is a to vote out resident. meeting inspectors. of his district. revising recting § 10. On the Saturday preceding the day of election it shall be the Meeting duty of the said registers of election to hold a meeting from four to for ten o'clock P. M. for the revising and correcting the registries of elec- and cortion, to receive testimony and arrange for challenge at the polls; but registry. no name shall be added to any registry at such meeting, except upon proper proofs being furnished that the person applying for registration was sick or absent from the town on all days when the said registers had theretofore met for the purpose of registering votes, or that such person had become a citizen by naturalization ten days prior to the day of election. for neglect duties. § 11. Any officer of the town or any member of the board of regis- Penalties try charged with any of the duties herein imposed who shall willfully or refusal or corruptly neglect or refuse to perform any of the duties herein to perform intrusted to or devolved upon him shall be guilty of a misdemeanor and punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or by both such fine and imprisonment. illegal § 12. Any person who shall, with the intent of voting illegally at Penalty for any such annual town meeting or election, procure or cause his name registrato be entered or enrolled as entitled to the right of suffrage in said tion. town, being at the time a non-resident in said town, or otherwise disqualified to vote therein, and knowing or having reason to believe that he will not be entitled to vote at the ensuing election or town meeting therein, shall be deemed guilty of a misdemeanor and punishable by fine not exceeding two hundred and fifty dollars, or imprisonment not exceeding six months, or by both such fine and imprisonment. § 13. Any person who shall willfully and corruptly swear falsely Perjury before said board of registry shall be guilty of perjury. § 14. Before said board of registry shall commence the registration Board to of voters, as herein provided, each member of it shall take and sub- subscribe scribe an oath that he will, in all respects, well, faithfully and honestly for faithful an oath perform discharge and perform all his duties as a member of such board of registry, which oath shall be filed in the office of the town clerk of said ance of duties. Amending ch. 291, town. § 15. The members of said board of registry shall hold their office for two years from the time of their appointment. § 16. The members of the board of registry and the justices of the peace, while in the discharge of their duties hereby created, shall receive two dollars per day and all necessary expenses, which shall be audited and allowed by the board of town auditors. § 17. This act shall take effect immediately. CHAP. 144. AN ACT to amend section five, title three of chapter two hundred and ninety-one, laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages." PASSED April 22, 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 five, title three of chapter two hundred and Laws 1870. ninety-one, laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages," is hereby amended so as to read as follows: Trustees authorized to organize fire departments. § 5. The trustees are authorized and empowered to organize a fire department, and provide for the government and discipline of the same, to consist of one or more engine companies, one or more hook and ladder companies, and one or more hose companies, and one or more protective companies; to appoint a sufficient number of suitable persons as members, not exceeding sixty to each engine company, and not exceeding forty-five to each hook and ladder company, and not exceeding twenty to each hose company and protective company, with the consent of the persons appointed; a foreman and assistant foreman for each company shall be chosen by the members of each company in the manner to be directed by the trustees, and subject to their approval and ratification. Ante, vol. 7, p. 690. Livery stable keepers. Amending ch. 498, CHAP. 145. AN ACT to amend section one of chapter four hundred and ninety-eight of the laws of eighteen hundred and seventytwo, entitled "An act for the protection of livery-stable keepers and other persons keeping horses at livery or pasture." PASSED April 22, 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 four hundred and ninety-eight of Laws 1872. the laws of eighteen hundred and seventy-two, entitled "An act for the protection of livery-stable keepers and other persons keeping horses at livery or pasture," is hereby amended so as to read as follows: animals boarding age are § 1. It shall be lawful for all persons keeping any animals at livery Keepers or pasture, or boarding the same for hire, under any agreement with may detain the owner thereof, to detain such animals until all charges under such until agreement for the care, keep, pasture or board of such animals shall charges for have been paid; provided, however, that notice in writing shall first or pastur be given to such owner in person, or at his last known place of resi- paid, and dence, of the amount of such charges and the intention to detain such maintain animal or animals until such charges shall be paid; and such persons to enforce may at any time maintain an action in any of the courts of this State such lien. to enforce such lien and procure a sale of the said animals for the payment of said keeping, pasture and board, and the costs of such action, whenever such sum shall exceed fifty dollars. § 2. This act shall take effect immediately. Ante, vol. 9, p. 376. CHAP. 149. AN ACT amending the Code of Civil Procedure. PASSED April 26, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: an action Code of Civil Procedure. Civil Pro SECTION 1. The Code of Civil Procedure, as enacted on the second Amending day of June, eighteen hundred and seventy-six, and amended by sub- Code of sequent statutes, is hereby amended as follows, that is to say: Section cedure. eight hundred and thirty-one, so that it will read as follows: or wife in against in trial for §831. A husband or a wife is not competent to testify against the Husband other upon the trial of an action, or the hearing upon the merits of a competent special proceeding founded upon an allegation of adultery, except to to testify prove the marriage. A husband or wife shall not be compelled, or one without consent of the other, if living, allowed to disclose a confiden- another tial communication made by one to the other during marriage. In adultery. an action for criminal conversation, the plaintiff's wife is not a competent witness for the plaintiff, but she is a competent witness for the defendant as to any matter in controversy, except that she cannot, without the plaintiff's consent, disclose any confidential communication had or made between herself and the plaintiff. § 2. This act shall take effect immediately. The amendment restores the first sentence, which was stricken out in 1879. CHAP. 154. city. AN ACT in relation to the sheriff of the city and county of New York New York. PASSED April 27, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The sheriff of the city and county of New York shali Sherif keep his office open for the transaction of business every day in the office shall when |