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Penalty for

properly keeping COWS.

Carriages and cans to

viction, shall be punished by a fine of not less than fifty dollars for each and every offense, and if the fine is not paid shall be imprisoned for not less than thirty days in the penitentiary or county jail, or until said fine shall be paid.

Ante, vol. 3, p. 415. S 2. Any person who shall adulterate milk, with the view milk or im- of offering the same for sale or exchange, or shall keep cows

for the production of milk for market, or for sale or exchange, in a crowded and unhealthy condition, or feed the same on food that produces impure, diseased or unwholesome milk, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than fifty dollars for each and every offense; and if the fine is not paid, shall be imprisoned for not less than thirty days in the penitentiary or county jail, or until said fine shall be paid.

S 3. Any person or persons who shall, in any of the cities be marked. of this state, engage in or carry on the sale, exchange or any

traffic in milk, shall have each and every can in which the milk is carried or exposed for sale or exchange, and the carriage or vehicle from which the same is vended, conspicuously marked with his, her or their names, also indicating by said mark the locality from whence said milk is obtained or produced; and for every neglect of such marking, the person or persons so neglectivg shall be subject to the penalties expressed in the foregoing sections of this act; but for every violation of this act, by so marking said cans, carriage or vebicle as to convey the idea that said milk is produced or procured from a different locality than it really is, the person or persons so offending shall be subject to a fine of one hundred dollars or imprisonment in the penitentiary or county jail, or both, in the discretion of the court.

$ 4. The addition of water or any substance other than a sutficient quantity of ice to preserve the milk wbile on trausportation to market, is hereby declared an adulteration. Any

milk that is obtained from avimals fed on distillery waste, Swill milk usually called “swill," or upon any substance in a state of

putrefaction or fermentation, is hereby declared to be impure
and unwholesome.
S 5. This act shall take effect immediately.

Ante. vol. 3, p. 415.

Addition of water adulteration,

unwholesome.

CHAP. 545.
AN ACT to amend an act entitled “An act in relation to

the fees of grand and petit jurors,” passed March thirty-
first, eighteen hundred and sixty.

Passed May 2, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. The first section of chapter one hundred and seventysix of the Laws of eighteen hundred and fifty-eight, is hereby. amended so as to read as follows:

$ 1. The several boards of supervisors in this state may, Fees of at their first or any subsequent meeting after the passage of this act, direct á sum, not exceeding one dollar and fifty cents a day, to be allowed to every grand and petit juror, for attending the courts of record held within the several counties, in addition to other fees which such jurors may receive, and they may also direct an allowance to be made to such jurors for traveling in coming to and returning from such courts, not exceeding five cents a mile; such money shall be raised in the same manner as other county charges are by law raised and collected. $ 2. This act shall take effect immediately.

Ante. vol. 4, p. 602; post. p. 716.

jurors.

CHAP. 553.
AN ACT to amend chapter one hundred and fifty of the

Laws of one thousand eight hundred and thirty-seven,
authorizing a loan of certain moneys belonging to the
United States, deposited with the State of New York
for safe-keeping

Passed May 2, 1864. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$ 1. In addition to the mode of loaning money heretofore commis: anthorized, the commissioners of the United States Loan invest in Fund may invest any moneys in their hands, or which may unteer hereafter come into their hands in the purchase, at not over

.

county vol

ler

the par value thereof, of bonds of their respective counties issued for the purpose of raising inoney to pay bounties to volunteer soldiers, in accordance with or made legal by statute

law of this state, and bearing not less than seven per cent Bonds to be interest. The said commissioners shall keep a correct record to comptrol- of said bonds in their book of mortgages and also in their

minute book, and transmit the said bonds to the comptroller to be deposited in his office for safe-keeping; but the interest thereon shall be paid to the commissioners, who shall give proper receipts for the same, and shall transmit the said juterest iu like manner in all respects as they are directed to transmit interest on mortgages.

Ante. vol. 3, p. 78.

CHAP, 555.
AN ACT to revise and consolidate the general acts rela-

ting to Public Instruction.

Passed May 2, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

See 3 N. Y. Stat. at Large, 435.

TITLE I.

State super

and term of

OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION, HIS ELEC

TION AND GENERAL POWERS AND DUTIES.

S 1. The office of state superintendent of public instruction his election is continued, and the term of said office shall be three years, office. commencing on the day after an election thereto, and con

tinuing until a successor shall have been duly elected. Such superintendent shall be elected by joint ballot of the senate and assembly, on the first Tuesday of April, one thousand eight hundred and sixty-five, and on the first Tuesday of

April next, after the occurrence of any vacancy in the office. Deputy S 2. He shall appoint a deputy; and in case of a vacancy superinten

in the oflice of superintendent, the deputy may perform all the duties of the office until the day after the day hereiubefore fixed for an election by the senate and assembly. In case the office of both superintendent and deputy shall be vacant, the governor shall appoint some person to fill the office, until the superintendent shall be elected and assume it.

$ 3. The superintendent's office shall continue to be in the

state hall, anıl maintained at the expense of the state. Salary S 4. His salary shall be two thousand five hundred dollars

a year, payable quarterly, by the treasurer, on the warraut of the comptroller.

dent

Vacancy.

Omce in state hall,

.

$ 5. He may appoint so many clerks as he may deem May appoint necessary; but the compensation of such clerks shall not exceed in the aggregate five thousand dollars in any one year, and shall be payable monthly by the treasurer on the warrant of the comptroller and the certificate of the superintendent.

As amended by Laws of 1865, chap. 520. $ 6. The seal of the superintendent, of which a descrip- seal. tion and impression are now on file in the office of the secretary of state, shall continue to be his official seal, and when necessary may be renewed, from time to time. Copies of all papers deposited or filed in the superintendent's office, and of all acts, orders and decisions made by him, and of the drafts or machine copies of his official letters, may be authenticated under the said seal, and, when so authenticated, shall When evibe evidence equally with and in like manner as the originals.

$ 7. The superintendent shall be, ex officio, a trustee of the Ex officio. People's college, and of the New York State asylum for idiots, a regent of the university of the State of New York, and chairman of the executive committee of the State normal school; he shall have the general supervision of the training school for primary teachers in the city of Oswego, with the powers conferred upon him by chapter four hundred and eighteen of the Laws of eighteen hundred and sixty-three; and he shall provide for the education of the Indian children of the state, as required by chapter seventy-one of the Laws of eighteen hundred and fifty-six.

S 8. The institution for the instruction of the deaf and Visiting dumb, the New York institution for the blind, and all other power. similar institutions, incorporated, or that may be hereafter incorporated, shall be subject to the visitation of the superintendent of public instruction, and it shall be his duty:

1. To inquire, from time to time, into the expenditures of each institution, and the systems of instruction pursued therein, respectively.

2. To visit and inspect the schools belonging thereto, and the lodgings and accommodations of the pupils.

3. To ascertain, by a comparison with other similar institutions, whether any improvements in ipstruction and discipline can be made; and for that purpose to appoint, from time to time, suitable persons to visit the schools.

4. To suggest to the directors of such institutions and to the legislature, such improvement as he shall judge expedient.

5. To make an annual report to the legislature on all the superinten matters before enumerated, and particularly as to the condi- port annation of the schools, the improvement of the pupils, and their treatment in respect to board and lodging.

$ 9. Every indigent person, resident in this State, between Power As to twelve and twenty-five years of age, whose parent or parents, puis.

indigent poor, if an orphan, whose nearest friend, shall have been resident

aily.

State pupils;
Accommo-

etc.

struction.

in this State for the three years preceding, and who may make application for that purpose, shall be received, if deaf and dumb, into the institution for the deaf and dumb, and, if blind, into the New York institution for the blind, provided his or her application be approved by the superintendent of public instruction; and, in those cases where, in his opinion, absolute indigence is not established, he may approve of such application, and, at the same time, may impose conditions, whereby some proportionate share of the expense of educating and clothing such pupils shall be påid into the treasury, by their parents, guardians, or friends, in such way, and manner, and at such time or times, as he shall designate, wbich conditions he may subsequently modify as he shall deem expedient.

S 10. Each pupil so received into either of the institntions dation, com- aforesaid, shall be provided with board, lodging and tuition ;

and the directors of the institution shall receive for each pupil so provided for, the sum of

dollars per annum, in quarterly payments, to be paid by the treasurer of the state, on the warrant of the comptroller, to the treasurer of said institution, on his presenting a bill showing the actual time and number of such pupils attending the institution,

and which bill shall be signed by the president and secretary Term of in- of the institution and verified by their oaths. The regular

term of instruction for such pupils shall be five years; but the superintendent of public instruction may, in bis discretion, extend the term of any pupil for a period not exceeding three years. The pupils provided for in this and the preceding section of this title, shall be designated state pupils; and all the existing provisions of law applicable to state pupils now in said institutions shall apply to pupils herein provided for.

$ 11. The superintendent of public instruction may make such regulations and give such directions to parents and guardians, in relation to the admission of pupils into either of the above-named institutions, as will prevent pupils entering the same at irregular periods.

$ 12. The superintendent may, in his discretion, appoint schools. persons to visit and examine all or any of the common schools

in the county wherein such persons reside, and to report to him all such matters respecting their condition and management and the means of improving them as he shall prescribe ; but no allowance or compensation shall be made to such

visitors for their services or expenses. Superinten. $ 13. So often as he can, consistently with bis other duties,

he sball visit such of the common schools of the state as he shall see fit, and inquire into their course of instruction, management and discipline, and advise and encourage the pupils,

teachers and officers thereof. Annual re- $ 14. He shall submit to the legislature an annual report,

containing:

Regulations for admission.

Visitation of common

dent to visit schools.

port.

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