Hudson river. Amending ch. 376, CHAP. 215. AN ACT to amend chapter three hundred and seventy-six of the laws of eighteen hundred and seventy-six, as amended by chapter four hundred and fifty-six of the laws of eighteen hundred and seventy-nine, entitled "An act to prevent the deposit of mud, earth, soil, ashes, or refuse in the North or Hudson river, and to prevent the filling up the navigable waters of said river, and to preserve the navigation thereof." 'ASSED May 8, 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 four of chapter three hundred and seventy-six Laws 1876. of the laws of eighteen hundred and seventy-six, as amended by chapter four hundred and fifty-six of the laws of eighteen hundred and seventy-nine, entitled "An act to prevent the deposit of mud, earth, soil, ashes, or refuse in the North or Hudson river, and to prevent the filling up the navigable waters of said river, and to preserve the navigation thereof," is hereby amended so as to read as follows: Depositing of refuse in river. shall not apply. § 4. This act shall not apply to the depositing of substances upon the building of wharves or piers upon, or the filling in of land under water, granted by the people of the State of New York, to any person or persons, provided a permanent and substantial bulk-head be first properly and securely built, inclosing the whole area of any such pier or wharf proposed to be so built or constructed; or the waters now dyked off by the river commissioners for improving the channel of the river. When act Nor shall the act apply to the sweeping, washing, or cleaning from the decks of the canal boats, freight, passenger, or pleasure boats, or vessels, of such dirt only as collects naturally thereon from the use thereof by human beings using the same for transportation or pleasure, nor the hauling of fire from the furnace grate of any steamboat having staterooms above the main deck, provided no coal or ashes shall be dumped from the ash-box of said steamboat; except as authorized in the first section of this act, nor to the setting of shad-poles in the shad season, nor to the use of any other devices or contrivances for the purpose of fishing in any season of the year, but no such setting of shad-poles or devices for fishing shall be allowed below the northerly line established by the harbor commissioners of the city of New York; nor shall this act apply to throwing overboard the refuse and waste matter which ordinarily accumulates in and about canal boats engaged in the transportation of goods and merchandise. But this act shall not be construed to authorize the throwing in said water of food, or any contrivance or device in which food may be kept, carried or preserved. § 2. This act shall take effect immediately. Ante, p. 322. CHAP. 221. AN ACT to legalize the official acts of certain justices of the Justices of peace, and authorizing justices of the peace to execute and the peace. file official bonds. PASSED May 8, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: who have SECTION 1. The official acts of every justice of the peace heretofore Acts of done and performed, duly elected or appointed to the office, so far as justices such official acts may be affected, impaired or questioned by reason of failed to the failure of any such justice to give an official bond as required by cial bond, law, are hereby legalized, ratified and confirmed. § 2. Nothing herein contained shall affect any suit or proceeding now pending. §3. This act shall take effect immediately. give offi legalized. Ante, p. 773. See ch. 341, post. p. 989. CHAP. 222. AN ACT to enable marine insurance companies incorporated Marine inunder the laws of this State to amend their charter. PASSED May 8, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows: surance. authorized ings. SECTION 1. Any marine insurance company incorporated under the Companies laws of this State may amend its charter so as to enable it to transact to amend all such business as can be transacted by marine insurance companies charters. in conformity with the laws of this State, by filing in the office of the superintendent of the insurance department a copy of its charter as amended with the written consent of three-fourths, in amount, of its stockholders, if a joint-stock company, or if a mutual company, with Proceedthe written consent of two-thirds of its trustees or directors, and if the said superintendent shall find that such company is in the active prosecution of its business, then on filing the certificate of approval of said superintendent and the written consent of the attornèy-general in the office of said superintendent, it shall be lawful for such company to transact business under its charter as so amended. Said superintendent shall thereupon deliver to such company a certified copy of said amended charter and of said last-mentioned certificate and consent, which, on being filed in the office of the clerk of the county where said company is located, shall be its authority to transact business and issue policies; and such certified copy of said amended charter and of said certificate and consent may be used in evidence for or against the said company with the same effect as the originals. § 2. This act shall take effect immediately. Travellers. Governor author CHAP. 223. AN ACT for the better protection of the traveling public. The People of the State of New York, represented in Senate and SECTION 1. The governor is hereby authorized in his discretion to ized to ap- appoint all or any conductors and brakemen of any trains of any steam point con- railroad in this Štate, conveying passengers, for the purposes of this and brake- act, policemen having all the powers for the purposes of this act with ductors men special police men. Power to arrest. Penalty to act. which policemen of villages and cities are clothed, and each and every such conductor and brakeman shall take and file the usual oath of office, in the office of the clerk of the county in which he resides, or in the office of the clerk of the county in this State in which either terminus of such road may be. § 2. All such conductors and brakemen acting as policemen under this act, upon any such railroad, shall have full power, and it shall be their duty to arrest and hold in custody, and deliver to any magistrate, having jurisdiction in such cases, at either terminus of such road in this State, or at any intermediate station, any or all persons whom they may find engaged in, or endeavoring to entice others to engage in any game of cards or any other game of chance whatever, in which money or any representative of money, or any other valuable thing is to be lost or won, and to enter complaint to such magistrate for any violation of the law governing in such cases. §3. Any conductor or brakeman, refusing or neglecting to perform for failure the duty imposed upon him by this act, shall be liable to a fine not exceeding two hundred and fifty dollars, to be sued for by and in the name of any superintendent of the poor of any county where such refusal or neglect may have occurred in any court of competent jurisdiction at any place on the line of said railroad, or to imprisonment not less than six months, or to both, in the discretion of the court. § 4. Any fine so imposed, when collected, shall be placed in the treasury of the county where recovered, for the use of the poor of said county. Disposition of fines collected. Superin tendents of railroads must post copy of act. § 5. It shall be the duty of every superintendent or manager of every steam railroad in this State, immediately after the passage of this act, to post a copy of this law in some conspicuous place in each and every car used for the conveyance of passengers, under a penalty of not to exceed five dollars for each and every such car in which snch notice shall not be posted. § 6. This act shall take effect immediately. CHAP. 225. Stock cor- AN ACT to authorize the exchange of preferred stock for common stock of corporations. porations. Authorized to ex PASSED May 8, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Every corporation organized under the laws of this preferred State which has heretofore issued, or may hereafter issue, both pre- change ferred and common stock, forming part of the capital stock of such for comcorporation, is hereby authorized, whenever the directors of such cor- mon stock. poration shall by vote of two-thirds of their number declare it for the interest of the corporation so to do, and the holder of any such preferred stock may request in writing the exchange of the same for the common stock, to exchange the preferred stock of such holder for common stock, and to issue certificates of common stock therefor share for share, or upon such other valuation as may have been agreed upon in the scheme for organization of such company or the issue of such preferred stock; provided, however, that the total amount of the capital stock of such company shall not be increased thereby. §2. This act shall take effect immediately. CHAP. 231. and ad AN ACT to amend title four, chapter six, part second of the Executors Revised Statutes, relating to the powers and duties of exec- ministrantors and administrators in relation to the sale and disposition of the real estate of their testator or intestate. PASSED May 8, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows: tors. SECTION 1. Section thirty of title four, chapter six, part second of Amending the Revised Statutes, is hereby amended so that the same shall read P 2. ch. 6, as follows: Stat. firming when pur must pay § 30. If it shall appear to the surrogate that such sale was legally Order conmade and fairly conducted, and that the sum bid was not dispropor- re tionate to the value of the property sold, or if disproportionate, that a greater sum, as above specified, cannot be obtained, he shall make an order confirming such sale, and directing conveyances to be executed. If it shall also appear to the surrogate that the amount thereof will be sufficient to satisfy in full the costs and expenses of said sale, and all debts of the deceased proven before the surrogate and entered in his book as valid and subsisting, together with all rights of dower thereon, if any, and that a creditor or creditors of said deceased, or Creditor either of them, whose claim has been proven and allowed by the sur- chasing rogate, has become the purchaser of said real estate, or any part real estate, thereof, the surrogate, in the order of confirmation of such sale, shall, over surat the election of the purchaser, state the amount of such claim or plus. claims of such creditor or creditors so allowed by him; and such purchaser shall be required to pay the surplus, if any, of the amount bid, after ded acting the amount of such claim or claims only. In case the when proamount of such sales shall be insufficient to satisfy the costs and ex- ceeds of penses of such sale, and the whole amount of the claims against the insuffi estate as proven and allowed on or before final distribution, then and tortore in such case such purchasing creditor shall be allowed and credited on ceive the amount bid by him, an amount equal to the amount he would be entitled to entitled to receive on distribution, and the balance of such bid shall be on distripaid by such purchaser on such final distribution. In case any purchasing creditor shall elect to have the amount, to which he shall be entitled to receive from the estate, credited on his bid as aforesaid, he shall not be entitled to have a deed delivered to him until such final distribution. § 2. This act shall take effect immediately. Ante, vol. 2, p. 109. The above act was repealed by ch. 245, post. See Co. Civ. Proc., 2776. sale are cient,cred amount bution. County treasurers. Amending ch. 436, CHAP. 233. AN ACT to amend chapter four hundred and thirty-six of the laws of eighteen hundred and seventy-seven, entitled "An act in relation to county treasurers. PASSED May 8, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Chapter four hundred and thirty-six of the laws of Laws 1877. eighteen hundred and seventy-seven, entitled "An act in relation to county treasurers," is hereby amended by adding an additional section, as follows: When treasurer compensation for and paying § 10. Nothing in this act shall be construed as preventing the. may retain treasurers of the several counties of this State, in which the treasurer is a salaried officer, from retaining for the benefit of their said counreceiving ties, respectively, the same compensation for receiving and paying the money be money belonging to the State every year, as that now allowed by law, longing to where such treasurer is not a salaried officer, and the comptroller is hereby authorized to allow to the said treasurers, for the benefit of their respective counties, on State taxes hereafter received and paid over by them, where not already allowed, the compensation now allowed by law, where such treasurer is not a salaried officer. the state. § 2. Section ten of said act is hereby amended so as to read as follows: § 11. Nothing herein contained shall apply to the counties of Monroe and Seneca. Ante, pp. 527, 694, 720, will show the original section 10 and the amendments of it. The "section 10" added above was repealed (apparently), inadvertently, by ch. 580, post, p. 1101. CHAP. 235. Villages. AN ACT in relation to the payment of costs on arrest, trial and punishment for crimes and misdemeanors in villages, and in relation to the civil jurisdiction of police justices therein. When part of two towns are included In one village, village must bear expenses of trials of PASSED May 8, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. In all cases where parts of two or more towns or parts of two or more counties, or either or both, are included within the limits of any incorporated village within this State, the legal expenses for arrest, trial and punishment for crimes and misdemeanors where, on conviction, the fine, penalty or forfeiture goes to such village, shall be borne and paid by such village; in all other cases, the legal costs crimes and of arrest, trial and punishment, or either, within the jurisdiction of, and entertained by, a police court of such village, shall be borne and paid by the town or county in which such offense was actually committed. misde meanors. be in coun Imprison- § 2. In all cases of imprisonment of persons charged with the comment must mission of any offense, or under sentence on conviction of any ty where offense, within the jurisdiction of any police court of such village, ofense such imprisonment shall be in the county where such offense was was com mitted. actually committed. |
