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§ 2. Such writ shall only be allowed by a justice of the supreme court in the judicial district or at a special term of the court in the judicial district in which the assessment complained of was made, and shall be made returnable at a special term in said district. The writ shall not be granted unless application therefor shall be made within fifteen days after the completion and delivery of the assessment roll, and notice thereof given as provided in this act. A writ of certiorari allowed under this act shall not stay the proceedings of the assessors or other officers to whom it is directed, or to whom the assessment roli may be delivered to be acted upon according to law..
$ 3. The court or justice granting the writ shall prescribe in the writ the time within which a return thereto must be made, which shall not be less than ten days, and may extend such time.
The assessors or other officers making a return to such writ shall not be required to return the original assessment roll or other original papers acted on by them, but it shall be sufficient to return certified or sworn copies of the roll or other papers,.or of such portions thereof as may be called for by such writ. And the return may concisely set forth such other facts as may be pertinent and material to show the value of the property assessed on the roll, and the grounds for the valuation made by the assessing officers, and the return must be verified.
§ 4. If it shall appear by the return to such writ that the assessment complained of is illegal, erroneous or unequal for any of the reasons alleged in the petition, the court shall have power to order such assessment, if illegal, to be stricken from the roll, or is erroneons or unequal, to order a re-assessment of the property of the petitioner, or the correction of such assessment, in whole or in part, in such manner as shall be in accordance with law, or as shall make it conform to the valuations and assessments applied to other real or personal property in the same roll, and secure equality of assessment. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or may appoint a referee to take such evidence as the court may direct, and report the same to the court, and such testimony shall constitute a part of the proceedings upon which the determination of the court shall be made.
$ 5. A new assessment, or correction of an assessment made by order of the court, shall have the same force and effect as if it had been so made by the proper assessing officers within the time originally prescribed by law for making such assessment. Disobedience to a writ or order in any proceeding under this act may be punished by the court as for a contempt.
$ 6. Costs shall not be allowed against assessors or other officers whose proceedings may be reviewed under this act, unless it shall appear to the court that they acted with gross negligence, in bad faith, or with malice. If the writ shall be quashed, or the prayer of the petitioner denied, 'costs shall be awarded against the petitioner, but the costs shall not in any case exceed the costs and disbursements taxable in an action upon the trial of an issue of fact in the supreme court.
$ 7. Appeal may be taken by either party from an order, judgment or determination under this act as from an order, and shall be heard and determined in like manner. All issues and appeals in any proceedings instituted under this act shall have preference over all other civil actions and proceedings in all courts.
§ 8. If final judgment shall not be given in time to enable the assessors or other officers to make a new or corrected assessment for the
use of the board of supervisors at their annual session, and it shall appear from said judgment that said assessment was illegal, erroneous or unequal, then there shall be audited and allowed to the petitioner, and included in the next year's tax levy of said town, village or city, and paid to the petitioner the amount, with interest thereon, from the date of payment, in excess of what the tax should have been as determined by such judgment or order of the court.
§ 9. All assessment rolls, when finally completed and verified by the assessors, shall, in towns, on or before the first day of September, and in incorporated villages and cities at the time prescribed by their respective charters or laws applicable to them, be delivered to the town, village or city clerk, or other officer, to whom such rolls are or may be required by law to be delivered, and there to remain with such clerk or other officer for a period of fifteen days for public inspection. The assessors or other officers who complete and verify the assessment roll shall, after they have delivered the same to the said town, village or city clerk or other officer, forth with give public notice by posting the same in at least three of the most public places in said town, village or city, or by publishing the same in one or more newspapers published therein, that such assessment roll has been finally completed, the officer to whom the same has been delivered and the place where the same will be open to public inspection. The fifteen days from which to complete the time within which the application for the writ of certiorari can be made under this act shall be the time when said public notice is first given.
§ 10. This act shall not be construed to repeal or abridge any other right or remedy given to review an assessment by any law applicable to any city or incorporated village, or by the charters thereof.
AN ACT to amend chapter four hundred and three of the laws Canals.
of eighteen hundred and seventy-nine entitled “ An act to prevent certain abuses upon the canals of this State.”
Passed May 13, 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 three of the laws Amending of eighteen hundred and seventy-nine, of an act entitled “ An act to Laws 1879. prevent certain abuses upon the canals of this State,” is hereby amended so as to read as follows:
§ 1. Any lock-tender or other employee of this State upon any of the Employe canals of this state who shall ask, demand or receive, directly or indi- recepens rectly, from any boatman or other person, any fee, reward or gratuity tien for for doing or omitting to do any act or thing in his capacity as such neglecting !ock-tender or employee; and any boatman or other person who shall to do anyo pay or offer to pay, directly or indirectly, to any lock-tender or other his caemployee of this State, upon any of the canals of this State, any fee, employee, reward or gratuity for doing or omitting to do any act or thing in his guilty of a capacity as such lock-tender or employee, shall, upon conviction, be ad- meanor. judged guilty of a misdemeanor.
§ 2. This act shall take effect immediately. Ante, p. 786.
Sale of lobsters under certain measure
AN ACT for the preservation of lobsters.
Passed May 13, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Whoever shall sell, or offer for sale, or have in possession with intent to sell, any lobster less than ten and one-half inches in
length, measurement to be taken from one extremity of the body to ment pro- the other, exclusive of claw or feelers, shall, for every such offense, be
subject to a fine of five dollars ; and in all prosecutions under this act the possession of any lobster not of the length herein prescribed shall be prima facie evidence to convict.
$ 2. All forfeitures accruing under this act shall be paid one-half to the person making the complaint, and one-half to the city or town where the offense was committed.
§ 3. This act shall take effect on the first of June, eighteen hundred and eighty.
ch. 181, Laws 1872.
Abortion. AN ACT to amend chapter one hundred and eighty-one of the
laws of eighteen hundred and seventy-two, entitled “ An act for the better prevention of the procurement of abortions and other like offenses, and to amend the laws relative thereto," is hereby amended so as to read as follows:
Passed May 13, 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 three of chapter one hundred and eighty-one of
the laws of eighteen hundred and seventy-two, entitled "An act for the better prevention and procurement of abortions and other like offenses and to amend the laws relative thereto," is hereby amended
so as to read as follows: Penalty § 3. Every person who shall administer to any pregnant woman, or curement. prescribe for any such woman, or advise or procure any such woman
to take any medicine, drug, substance or thing whatever, or manufacture, advertise or sell any such medicine, drug, substance or thing whatever, or shall use or employ upon any such woman, or advise or procure any such woman to submit to the use or employment of any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, shall upon conviction be punished by imprisonment in a county jail, or in a State prison, not less than one nor more than three years in the discretion of the court.
82. This act shall take effect immediately. Ante, vol. 9, p. 340.
CHAP 287. AN ACT to amend chapter three hundred and seventy-one Savings
of the laws of eighteen hundred and seventy-five, entitled “ An act to conform the charters of all savings banks or institutions for savings to a uniformity of powers, rights and liabilities, and to provide for the organization of savings banks, for their supervision and for the administration of their affairs.”
Passed May 14, 1880; three-fifths being present. The People of the State of Vew York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Section twenty-six of chapter three hundred and seventy- Amending one of the laws of eighteen hundred ard seventy-five, entitled “ An Laws 1875. act to conform the charters of all savings banks or institutions for savings to a uniformity of powers, rights and liabilities, and to provide for the organization of savings banks, for their supervision and for the administration of their affairs,” is hereby amended so as to read as follows:
$ 26. It shall be lawful for the trustees of any savings bank to in- In what vest the moneys deposited therein only as follows, namely: First. In the stocks or bonds, or interest-bearing notes, or obliga- mar, law.
fully tions of the United States, or those for which the faith of the United invest States is pledged to provide for the payment of the interest and principal, including the bonds of the district of Columbia commonly known as the three-sixty-five bonds.
Second. In the stocks or bonds of this State bearing interest.
Third. In the stocks or bonds of any State in the Union that has not, within ten years previous to making such investment by such corporation, defaulted in the payment of any part of either principal or interest of any debt authorized by any legislature of such State to be contracted.
Fourth. In the stocks or bonds of any city, county, town or village of this State issued pursuant to the authority of any law of this State, or in any interest-bearing obligations issued by the city or county in which such bank shall be situated.
Fifth. In bonds and mortgages on unincumbered real estate situate in this State and worth at least twice the amount loaned thereon, but not to exceed sixty per centum of the whole amount of deposits shall be so loaned or invested ; but in case the loan is on unimproved and unproductive real estate the amount loaned thereon shall not be more than forty per centum of its actual value; and no investment in any bond and mortgage shall be made by any savings bank, except upon the report of a committee charged with the duty of investigating the same, and who shall certify to the value of the premises mortgaged, or to be mortgaged, according to their best judgment, and such report shall be filed and preserved among the records of the institution.
Sixth. In real estate subject to the provisions of section twenty-nine of this act.
8 2. This act shall take effect immediately. Ante, p. 126.
ch. 291, Laws 1870.
Villages. AN ACT further to amend chapter two hundred and ninety;
one of the laws of eighteen hundred and seventy, entitled “ An act for the incorporation of villages,” and the acts amendatory thereof.
PASSED May 14, 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. Title three of chapter two hundred and ninety-one of
the laws of eighteen hundred and seventy, entitled “An act for the incorporation of villages,” is hereby further amended by adding thereto a section in addition to those added by chapter six hundred and eightyeight of the laws of eighteen hundred and seventy-one, to be numbered section twenty-two as follows:
$ 22. Whenever any person owning or occupying lands adjoining : land Ingcorriage highway within the limits of any village incorporated under the pro
visions of this act shall, with the consent of the trustees of such village, or a majority of them, grade and flag or construct a stone sidewalk withiin such highway, along the line of such lands so owned or occupied by him, of the width of four or more feet, it shall be the duty of said trustees to examine the same when finished, and to credit such owner or occupant therefor so much on account of his assessment for highway tax in said village, as such trustees shall deem necessary, to pay noť to exceed three-fourths of the actual and necessary expense of constructing such sidewalk, and to deliver to such owner or occupant their certificate of the amount of such credit; but such credit shall in no case be less than three dollars per lineal rod for the amount of said walk so constructed and finished. If said trustees find said walk or walks to be of less value than our dollars per lineal rod, then they are to give no credit whatever for the construction of the same. "The trustees of such village shall thereafter exempt the owner or occupant of such lands from all highway taxes in said village, till the amount of such exemption shall be equal to the sum of the credit for which said certificate was allowed.
8 2. This act shall take effect immediately. Ante, vol. 7, p. 692; vol. 9, p. 120.
ing sidewalks to be credited on assessment.