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CHAP 298.

citizens

having

other

claim to

AN ACT to protect the rights of citizens of this State own- Rights of ing and holding claims against other States.

PASSED May 15, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any citizen of this State, being the owner and holder Citizens of any valid claim against any of the United States of America, arising Clarins upon a written obligation to pay money, made, executed and delivered against by such State, which obligation shall be past due and unpaid, may States may

assign assign the same to the State of New York, and deliver the assignment thereof to the attorney-general of the State.

Such assig

nent shall State. be in writing, and shall be duly acknowledged before an officer authorized to take the acknowledgment of deeds, and the certificate of such acknowledgment shall be duly indorsed upon such assignment before the delivery thereof. Every such assignment shall contain a guaranty, on the part of the assignor, to be approved by the attorney-general, of the expenses of the collection of such claim, and it shall be the duty of the attorney-general, on receiving such assignment, to require, on behalf of such assignor, such security for said guaranty as he shall deem adequate.

§ 2. Upon the execution and delivery of such assignment in the Attorner: manner provided for in section one of this act, and furnishing the security as in said section provided, and the delivery of such claim to him, the attorney-general shall bring and prosecute such action or proceeding in the name of the State of New York, as shall be necessary for the recovery of the money due on such claim, and the said attorney-general shall prosecute such action or proceeding to final judgment, and shall take such proceedings after judgment as may be necessary to effectuate the same.

$ 3. The attorney-general shall forthwith deliver to the treasurer of Proceeds the State, for the use of such assignor, all moneys collected upon such delivered claim, first deducting therefrom all expenses incurred by him in the to treascollection thereof, and said assignor, or his legal representatives, shall use of be paid said money by said treasurer upon producing the check or

assignor. draft therefor of the attorney-general to his or their order and proof of his or their identity. 8 4. This act shall take effect immediately.

123

general prosecute action,

Married women.

CHAP 800.
AN ACT to amend chapter two hundred and forty-nine of the

laws of eighteen hundred and seventy-nine, entitled “An
act in relation to the acknowledgment by married women
of deeds and other written instruments."

PASSED May 15, 1880. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending Section 1. Section one of chapter two hundred and forty-nine of

the laws of eighteen hundred and seventy-nine, entitled “ An act in relation to the acknowledgment by married women of deeds and other

instruments,” is hereby amended so as to read as follows: edgment

8 1. The acknowledgment by married women or the proof of the execution by married women of deeds or other written instruments may be made, taken and certified in the same manner as if they were sole; and all acts and parts of acts which require from them any other or different acknowledgments, proofs or certificates thereof are hereby repealed.

§ 2. This act shall take effect immediately.
Ante, p. 739.

ch. 249, Laws 1879.

Acknowl

may be

made dy married women same as if sole.

Code of Civil Procedure.

Action by stockhold

CHAP 301.
AN ACT to amend the Code of Civil Procedure.

PASSED May 15, 1880; three-fifths being present.
The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending $ 1786, Code. SECTION 1. Section seventeen hundred and eighty-six of the Code

of Civil Procedure is hereby amended so as to read as follows:

$ 1786. An action specified in the last section may be maintained by por aficos. the attorney-general in the name and in behalf of the people ; and porations

whenever a creditor or stockholder of any corporation submits to the
attorney-general a written statement of facts, verified by oath, show-
ing grounds for an action under the provisions of the last section, and
the attorney-general omits, for sixty days after this submission, to
commence an action specified in the last section, then, and not other-
wise, such creditor or stockholder may apply to the proper court for
leave to commence such an action, and on obtaining leave
tain the same accordingly.

8 2. Section two thousand and eleven of the Code of Civil Procedure is hereby amended so as to read as follows:

8 2011. A writ shall not be issued, by virtue of either of the last three sections, to bring up a prisoner, sentenced to death. Nor shall it be issued to bring up a prisoner confined under any other sentence for a felony; except where the application is made, in behalf of the people, to bring him up as a witness on the trial of an indictment, and then only by and in the discretion of a justice of the supreme court or a judge of a superior city court, upon such notice to the district attorney of the county wherein the prisoner was convicted, and upon such terms and conditions, and under such regulations, as the judge prescribes.

§ 3. This act shall take effect on the second day of September nest.

may main.

Amending 2011, Code.

Writs in criminal cases.

CHAP 802.

AN ACT to authorize cities and incorporated villages to charge Cities and

license fees to persons doing a retail business on the canals villages. of this State.

PASSED May 15, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. It shall hereafter be lawful for the authorities of any authoricity or incorporated village, in this State, to charge and collect a license ties authofee from all persons doing a retail business in the sale of goods of any collect description, except products of the farm and unmanufactured product's liespores for of the forest, from canal boats in the canals of this State within the engaged in limits of such cities or villages. The authorities of such cities or villages business. shall have power to fix the amount to be charged for such licenses at such i Edm. 532. sum as in their discretion they may deem just. They shall also have power to enforce the collection of such license fees in the same manner as they are now severally authorized to do by law.

§ 2. Nothing in this act contained shall be held or construed to conflict in any manner with the provisions of title four of chapter seventeen of part one of the Revised Statutes.

$ 3. This act shall take effect immediately. See ch. 434, post, p. 1015.

CHAP 805.

tion of

porated

AN ACT to authorize and facilitate the construction and im- Villages.

provement of sidewalks in the streets of unincorporated villages, and the application of highway labor thereto.

Passed May 15, 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 commissioners of highways of any of the towns in Constructhis State may, from time to time, authorize such part of the high

sidewalks way labor assessed upon the inhabitants and property of any unincor- in incorporated village within the limits of any road district, as in their judg- villages. ment is expedient and proper, and not necessary for the maintenance of the highways therein to be performed, or the commutation moneys received therefor expended by and under the direction of the overseer of highways for such district, in the construction, repairs, and improvement of sidewalks within the limits of such village; and for such purpose may also, from time to time, by writing signed by them, or a majority of them, and filed with the town clerk of such town, authorize such proportion of the highway labor of such village as in their judgment is not needed for the annual repairs of the highways therein, to be anticipated for one or more years not exceeding three, and thereupon any person or corporation, resident of or owning property within such village, and assessed for highway labor in the district in which such village is situated, may, in the year so designated in such order, anticipate his, her or its assessment for highway labor, for such time as he, she or it may see fit within the limits so prescribed by the

Overseer

per

commissioners, and may perform the labor so anticipated under the direction of such overseer within such year, or commute therefor to such overseer.

§ 2. It shall be the duty of such overseer to give to such person or certi acate corporation, upon the performance of such labor or commutation thereof labor for, a certificate signed by him, showing the number of days' labor so formed. anticipated and worked or commuted for by such person or corpora

tion; and in each succeeding, year, upon presentation of such certificate, such person or corporation shall be credited and allowed by the overseer of highways with the performance of the number of days labor so assessed to him, her or for such year, until such credit shall equal the number of days so stated in such certificate to have been anticipated, and shall indorse thereon a statement signed by him show

ing such credit and allowance. Transfer

$ 3. Upon a transfer of any real estate, upon or for which assessments for highway labor may have been so anticipated and worked or commuted for, the certificate mentioned in section two may also be transferred to the grantee of such real estate, and the provisions of said section shall apply thereto, and such certificate shall be operative and have the same effect in favor of the then owners of such real estate as in the hands of the original owner thereof; and upon the death of any person then owning property, real or personal, upon which the highway labor has been anticipated, such certificate shall in like manner be operative and have the like effect in favor of the devisees, legatees, heirs or personal representatives of the deceased, who may be the then owner of such property, or any part thereof, and assessed for highway labor thereon.

$ 4. This act shall take effect immediately.

of real estate.

bridges.

Statutes. Overseer to receive

CHAP 308. Highways AN ACT to amend chapter sixteen of part one of the Revised

Statutes, in relation to highways and bridges.

PASSED May 15, 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 thirteen of article one, title one, chapter sixteen 1 f, Resipent of part one of the Revised Statutes is hereby amended so as to read

as follows:

§ 13. If any overseer shall be employed more days in executing the extra com- several duties enjoined on him by this chapter than he is assessed to pensation work on the highway, he shall be paid for the excess at the rate of

twelve and a half cents per hour for each day, and be allowed to retain the game out of the moneys which may come into his hands for fines under this chapter, but he shall not be permitted to commute for the days he is assessed.

§ 2. Section thirty-five of said chapter is hereby amended so as to read as follows:

§ 35. Every person liable to work on the highways shall work the whole number of days for which he shall have been assessed, but every such person other than an overseer may elect to commute for the same, or for some part thereof, at the rate of twelve and a half cents per

duty.

Commutation.

for neglect

hour for each day, in which case such commutation money shall be paid to the overseer of highways of the district in which the person commuting shall reside, to be applied and expended by such overseer in the improvement of the roads and bridges in the same district.

$ 3. Section thirty-eight of said chapter is hereby amended so as to read as follows:

$ 38. Every person assessed to work on the highways and warned to Substiwork may appear in person, or by an able-bodied man as a substitute, tutes. and the person or substitute so appearing shall actually work eight hours in each day, unless such person be assessed one dollar and twenty-five cents or more, when such person or his substitute shall be allowed to actually work ten hours in each day, under the penalty of twelve and a half cents for every hour such person or substitute shall be in default, to be imposed as a fine on the person assessed.

$ 4. Section thirty-nine of said chapter is hereby amended so as to read as follows:

$ 39. If any such person or his substitute shall, after appearing, re- Penalty main idle or not work faithfully, or hinder others fiom working, such to perform offender shall, for every offense, forfeit at the rate of twelve and a half duty. cents an hour for each day,

§ 5. Section forty of said chapter is hereby amended so as to read as follows:

$ 40. Every person so assessed and duly notified who shall not com- Penalty mute, and wbp shall refuse or neglect to appear as above provided, appearshall forfeit, for every day's refusal or neglect, at the rate of twelve ing or and a half cents an hour for each day. If he was required to furnish refusalte. a team, carriage, man or implements, and shall refuse to comply, he shall be fined as follows:

1. For wholly omitting to comply with such requisition, three dollars for each day of eight hours, and three dollars and seventy-five cents for each day of ten hours.

2. For omitting to furnish a cart, wagon or plough, one dollar for each day of eight hours, and one dollar and twenty-five cents for each day of ten hours.

3. For omitting to furnish a pair of horses or oxen, one dollar for each day of eight hours, and one dollar and twenty-five cents for each day of ten hours.

4. For omitting to furnish a man to manage the team, one dollar for each day of eight hours, and one dollar and twenty-five cents for each day of ten hours.

$ 6. Section forty-five of said chapter is hereby amended so as to read as follows:

$ 45. Every penalty collected for a refusal or neglect to appear and Penalties work on the highways shall be set off against the assessment upon to be set which it was founded, estimating all moneys collected as a satisfaction off against at the rate of twelve and a half cents an hour for each day.

$ 7. This act shall take effect immediately, Ante, vol. 1, pp. 463 and 468–70.

а

:

collected

ment.

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