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reference is to be construed as applying to the appropriate provision so revised.
14. The repeal of any of the existing laws creating or otherwise relating to an office or employment where the same or a corresponding office or employment is provided for or recognized in the Code of Civil Procedure, or in any other of the existing laws remaining unrepealed after this act takes effect, does not create a vacancy therein, nor does such repeal, except as otherwise prescribed in subdivision fifty-fifth of section first of this act, abolish, diminish or otherwise affect the salary, fees or other compensation of the incumbent, or the time or manner of the payment thereof, or the fund out of which, or officer by whom they are paid, as regulated by the laws so repealed, or the laws remaining unrepealed; nor does this act affect any provision of the existing laws, which requires, in the city of New York, a party filing a first note of issue of fact in the supreme court or a superior city court to pay any sum to the clerk; or which relates to the accounting for, application and disposition of, the sums so paid.
§ 4. The term "existing laws," as used in this act, designates the statutes of the State remaining unrepealed on the day before this act takes effect.
85. This act shall take effect on the first day of September, eighteen hundred and eighty.
AN ACT supplementary to chapter three hundred and sixty Societies
eight of the laws of eighteen hundred and sixty-five, entitled and clubs. "An act for the incorporation of societies or clubs for certain social and recreative purposes."
PASSED May 11, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Any society, association, or incorporation now incorpo- Supplerated, or that may hereafter be incorporated under and by virtue of ch. 368,
mentary to chapter three hundred and sixty-eight of the laws of eighteen hundred Laws 1865. and sixty-five, entitled "An act for the incorporation of societies or clubs for certain social and recreative purposes,” and the acts amendatory thereof, may, from time to time, extend its objects and business bevond those set forth in its original certificate, so as to include other objects and business authorized by said acts, on making, signing and acknowledging, under the hands of its trustees, or a majority of them, an additional certificate stating the further objects and business of such society, and filing the same in the office of the secretary of State and also in the office of the clerk of the county in which the office of such society shall be situated; provided that no such society or incorporation shall engage, directly or indirectly, in any objects or business not specified or included in the said acts.
82. This act shall take effect immediately. Ante, vol. 6, p. 478.
Mining, mechani. cal and chemical corporations.
AN ACT to exempt certain corporations from the provisions
of sections five, six and eight, title four, chapter eighteen, part one of the Revised Statutes, entitled “special provisions relating to certain corporations."
Passed May 11, 1880.* The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Every corporation organized under chapter forty of the laws of eighteen hundred and forty-eight, entitled “An act to author
ize the formation of corporations for manufacturing, mining, mechanvisions of ical or chemical purposes," or under any act amendatory thereof or
supplementary thereto, is hereby exempted from the provisions of sec-
$ 2. This act shall take effect immediately.
What corporations are exempted from pro
8, tit. 4, ch. 18, p. 1, Rev. Stat.
New York AN ACT to secure the registration of the births of children
of residents of the city of New York, and the births of chil. dren which failed to be recorded through the neglect of the physician or other medical attendant present at such birth, occurring during the temporary absence from such city of the parents of such children, and respecting transcripts of the records.
Passed May 12, 1880; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Registra- SECTION 1. The births of the children of actual residents of the city tion of births. of New York which may have occurred during the temporary absence
of the parents of such children from the city of New York, and the births of children which failed to be recorded through the neglect of the physician or other medical attendant present at such birth, may be recorded under and pursuant to the provisions of this act in the bureau of vital statistics of the health department of said city, in a special book to be kept for such purpose, upon application in such behalf by the parents or guardians of such children. Transcripts of any record in the said bureau of vital statistics may be given, in the discretion of the board of health, to a parent or the next of kin to any person whose birth, death or marriage is there recorded, or to any one person authorized to apply for the same, but no transcripts of false or fraudulent returns made to the said bureau, nor of the entries thereof, shall be given; and they shall be canceled, upon due proof of the facts to the board of health.
§ 2. Such application shall be made to the board of health of the
Not returned by the governor within ten days after it was presented to him, and be oame a law without his signature, on the 11th day of May, 1880.
health department of such city, and shall be accompanied by a certifi. cate of the physician or midwife attending professionally at such birth, and personally cognizant thereof, together with the affidavit of at least two citizens certifying to their knowledge of the facts, and that the physician or midwife making such certificate of birth is a reputable person in good standing in the community in which he or she
No change or alteration shall at any time be made in any of the records of the said bureau of records in said city without proof satisfactory to and upon the approval of the said board of health.
§ 3. This act shall take effect immediately.
AN ACT for the protection of corporations organized for Corpora:
generating and distributing steam for heating and other generating purposes.
tributing PASSED May 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. Any person who, with intent to injure or defraud any persons coporation organized under the laws of this State for the purpose of injuring or
defraudgenerating, supplying or distributing steam for heating or other pur- ing, guilty poses, shall willfully injure, alter, obstruct or prevent the action of meanor. any meter or other device provided for the purpose of measuring and registering the quantity of steam consumed, or the quantity of water resulting from condensation of steam consumed, or cause or procure any such meter or other device to be injured or altered, or the action thereof to be obstructed or prevented, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding two hundred and fifty dollars, or by imprisonment not exceeding Penalty. six months, or by both such fine and imprisonment.
§ 2. Any person who, with intent to injure or defraud any corpora- 'Punishtion organized under the laws of this State for the purposes aforesaid,
illegally shall connect, or cause to be connected, any pipe, tube or'other instru- connectment or contrivance with any main, service pipe or other pipe for conducting or supplying steam in such manner as to connect with and be calculated to supply steam for heating, for moving machinery or for any other purpose or use without such steam passing through the meter or other device provided for the measuring and registering the quantity of steam consumed, or the quantity of water resulting from condensation of such steam consumed, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding two hundred and fifty dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment.
$ 3. Every person who shall willfully or fraudulently injure, or suffer Tampering to be injured, and every corporation or association whose officer or meter. agent shall willfully or fraudulently injure, or suffer to be injured, any meter, device, pipe or fitting belonging to any corporation organized under the laws of this State for the purposes aforesaid, or prevent such meter or device from duly registering the quantity of steam consumed, or the quantity of water resulting from the condensation of steam consumed; or shall alter the index of any such meter or device, or in any manner or way interfere with or hinder or obstruct its proper action
Agent authorized to enter
Penalty for interfering with agent.
or just registration, or shall fraudulently consume or waste the steam of said corporation, shall for each and every such offense forfeit and pay to such corporation the sum of twenty-five dollars, and shall also be liable to such corporation in a civil action for the damages sustained by reason of such offense.
$ 4. Any corporation organized under the laws of this State for the
purposes aforesaid may make an agreement with any of its customers buildings by which any officer or agent of such corporation, duly authorized in ine meter. writing, signed by the president or secretary of said corporation, shall
be authorized at all reasonable times to enter any dwelling, store, building, room or places supplied with steam by such corporation and occupied by said customer for the purpose of inspecting and examining the meters, devices, pipes, fittings, and appliances for supplying or regulating the supply of steam, and for ascertaining the quantity of steam consumed, or the quantity of water resulting from the condensation of steam consumed. Every such agreement so made in writing shall further provide that such officer or agent shall exhibit his written authority if requested by the occupant of such dwelling, store, building, room or place. Any person who shall directly or indirectly prevent or hinder such officer or agent from entering such dwelling, store, building, room or place, or from making such inspection or ei. amination, in violation of his agreement with said corporation, shall forfeit and pay to the corporation the sum of twenty-five dollars for each offense.
$5. If any person or persons, corporation or association, supplied with steam by such corporation organized under the laws of this
State for the purposes aforesaid, shall neglect or refuse to pay the rett tingencies. or remuneration for such steam, or for the meter, derice, pipes. fi:
tings or appliances, let by such corporation for supplying steam, or for ascertaining the quantity of steam consumed, or the quantity of water resulting from the condensation of the steam consumed, agrecer? upon or due for the same, as required by his, their or its contract with such corporation, the latter may thereupon stop and prevent the steam from entering the premises of such person, persons, corporatiin or association so neglecting or refusing to pay such rent or remunera. tion. The said corporation may also in any of the cases enumeratel in this act in which a person is liable to pay a forfeiture or is liable to fine or imprisonment, or both such fine and imprisonment, stop and prevent the steam from entering the premises of the person so liable
, or if such person be an officer or agent of any corporation or association, stop and prevent the steam from entering the premises of the corporation or association of which the person so liable is an officer or agent. In all cases in which such corporation is authorized to stop and prevent the steam from entering any premises, it may by its officers, agents or workmen, enter into or on such premises between the hours of eight o'clock in the forenoon and six o'clock in the afternoon, and cut off, disconnect, separate, and carry away any meter, device, pipe, fitting or other property of the said corporation, and may cut otf, disconnect, and separate any meter, device, pipe or fitting, whether the property of the corporation or not, from the mains or pipes of said
8 6. Any person who shall falsely personate or represent himself to be the officer, agent or workman of any such corporation, and by such false personation or representation shall seek to enter any dwelling, store, building, room or place shall, on conviction thereof, be deemed guilty of felony, and imprisoned at hard labor in the State prison for a term not exceeding five years.
8 7. This act shall take effect immediately.
for personating officer.
CHAP 6. AN ACT authorizing individuals, joint-stock associations or Corpora
corporations engaged in the manufacture of railroad cars, manufacto lay down and maintain railroad tracks connecting their road cars.
railmanufacturing establishments with existing railroads.
PASSED May 12, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Any individual, joint-stock association or corporation May lay now or hereafter engaged in the manufacture of railroad cars in this down and State may lay down and maintain such railroad tracks, not exceeding railroad one mile in length, as shall be necessary to connect such manufacturing establishment with the tracks of any railroad now or hereafter operated in this State ; provided they shall obtain the consent of the owners of one-half in value the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained; or in case the consent of such property owners cannot be obtained, the general term of the supreme court in the district in which it is proposed to be constructed may, upon application, appoint three commissioners, who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners.
§ 2. The provisions of this act shall not apply to the counties of New York and Kings.
3. This act shall take effect immediately.
AN ACT to provide for the review and correction of illegal, Assess
erroneous or unequal assessments.
PASSED May 12, 1880 ; three-fifthis being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. A writ of certiorari may be allowed by the supreme Review court on the petition, duly verified, of any person or corporation as-rection of sessed and claiming to be aggrieved, to review an assessment of real illegal, or personal property for the purpose of taxation made in any town, or unequal ward, village or city of this State, when the petition shall set fort n taxation. that the assessment is illegal, specifying the grounds of the alleged illegality, or is erroneous by reason of over valuation, or is unequal in that the assessment has been made at a higher proportionate valuation than other real or personal property on the same roll by the same officers, and that the petitioner is or will be injured by such alleged illegal, erroneous or unequal assessment. When the alleged illegality, error or inequality affects several persons in the same manner who are assessed upon the same roll, they may unite in the same petition, and in that case the writ may be allowed, and the proceedings authorized by this act had in behalf of all such petitioners.