corporation by which such churches or chapels shall have been erected and maintained, and shall not have any right, claim or demand as corporators in said parent church. CHAP. 658. AN ACT to extend the jurisdiction of Surrogates' Courts. PASSED April 23, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Whenever there shall remain any surplus moneys arising from the sale of lands or real estate, of which any deceased person died seized, by virtue of any mortgage or other lien thereon, given by or obtained against such person, during life, the person or corporation making such sale, or the person holding the same, shall pay over such surplus money to the surrogate of any court having jurisdiction to entertain an application for the sale, mortgaging or leasing the real estate of a deceased person, for payment of debts, within thirty days after making such sale, or within thirty days after the passage of this act, and the surrogate's receipt for the same shall discharge such person or corporation from all liability on account of such moneys. $ 2. The surrogate to whom such surplus moneys shall be paid shall, upon the application of an executor or administrator or creditor of such deceased person, made in the manner prescribed by law, for the mortgaging, lease or sale of real estate for the payment of debts, and upon the same proceedings being had that would authorize the mortgaging, lease or sale of real estate under existing provisions of law, make an order disposing of such surplus moneys, in the same manner as moneys derived from the sale of real estate under the said provisions of law. $ 3. This act shall take effect immediately. Post, P, 447. CHAP. 675. AN ACT ceding to the United States jurisdiction over certain lands in the village of Niagara City, New York. PASSED April 23, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The jurisdiction of the lands and their appurtenances that have been or may be selected or purchased and conveyed at or in the village of Niagara City, New York, to wit: All that piece or parcel of land situate in the village of Niagara City, New York, described as follows: Beginning at the northeast intersection of Bridge and Spring avenue, and running in a northerly direction along said Spring avenue eighty-six feet and seven inches; thence running easterly in a line parallel with the line of Bath avenue sixty-four feet, more or less, to a point sixteen feet from the lands of the New York Central Railroad Company; thence northerly to Bath avenue, parallel with and distant sixteen feet from the said lands of the New York Central Railroad Company; thence easterly along Bath avenue sixteen feet; thence southerly one hundred and seventeen feet eleven inches, more or less, to the line of Bridge avenue; and thence westerly along the line of Bridge avenue seventy-five feet, to the point or place of beginning, for the purpose of a custom-house and post-office, be and is hereby ceded to the United States of America; provided, however, that all civil and criminal processes issued under the authority of the state of New York, or any officer thereof, may be executed on said land, and in the buildings that are or may be erected thereon, in the same manner as if jurisdiction had not been ceded as aforesaid. $2. The lands above described, with the appurtenances, buildings and other property that may be thereon, shall forever hereafter be exempt from all state, county and municipal taxation and assessments so long as the same shall remain the property of the United States. $3. This act shall take effect immediately. CHAP. 677. AN ACT to prevent fraud and fraudulent practices upon or by hotel keepers and innkeepers. PASSED April 23, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: adjudged meanor. SECTION 1. Every person who shall at any hotel or inn Persons order and receive, or cause to be furnished, any food or ac-guilty of commodation, with intent to defraud the owner or proprietor misdeof such hotel or inn out of the price of such food or accommodation; and every person who shall obtain credit at any hotel or inn by the use of any false pretense or device, or by depositing at such hotel or inn any baggage or property of value less than the amount of such credit, or of the bill by such person incurred; and any person who, after obtaining credit or accommodation at any hotel or inn, shall abscond from such hotel or inn and shall surreptitiously remove his baggage or property therefrom shall, upon conviction, be adjudged guilty of a misdemeanor. $2. Every keeper of a hotel, restaurant, boarding-house or inn shall post in a public and conspicuous place in the office or public room, and in every bedroom in said house, a printed copy of this act and a statement of charge or rate of charges by the day, and for meals or items furnished, and for lodging. No charge or sum shall be collected or received by any such person for any service not actually rendered, or for any item not actually delivered, or for a longer time than the person so charged actually remained at such place. For any violation of this section, or of any provision herein contained, the offender shall forfeit to the injured party three times the amount so charged, and shall not be entitled to receive any money for the meals, items, services or time charged. S3. This act shall take effect immediately. CHAP. 694. AN ACT in relation to the valuation of the property of railroad companies in school districts, for the purpose of taxation. PASSED April 23, 1867; 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 be the duty of the town assessors, within fifteen days after the completion of their annual assessment list, to apportion the valuation of the property of each and every railroad company as appears on such assessment list among the several school districts in their town in which any portion of said property is situated, giving to each of said districts their proper portion, according to the proportion that the value of said property in each of such districts bears to the value of the whole thereof in said town. S2. Such apportionment shall be in writing, and shall be signed by said assessors, or a majority of them, and shall set forth the number of each district and the amount of the valuation of the property of each railroad company, apportioned to each of said districts; and such apportionment shall be filed with the town clerk, by said assessors or one of them, within five days after being made; and the amount so apportioned to each district shall be the valuation of the property of each of said companies, on which all taxes against said companies in and for said districts shall be levied and assessed, until the next annual assessment and apportionment. § 3. In case the assessors shall neglect to make such apportionment, it shall be the duty of the supervisor of the town, on the application of the trustees or board of education of any district, or of any railroad company, to make such apportion ment, in the same manner and with the like effect as if made by said assessors. $ 4. The town clerk shall, whenever requested, furnish to the trustees or board of education of each district, a certified statement of the amounts apportioned to such district, and the name of the company to which the same relates. $ 5. In case any alteration shall be made in any school district, affecting the property of any railroad company, the officer making such alteration shall, at the same time, determine what change in the valuation of the said property in such district would be just, on account of the alteration of district, and the valuation shall be accordingly changed. $ 6. This act shall take effect immediately. CHAP. 700. AN ACT with reference to the powers of the Metropolitan Board of Health in the regulation of cattle driving and other matters. PASSED April 24, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: in what to be driven SECTION 1. From and after the passage of this act it shall when and not be lawful to drive any cattle, sheep, swine, pigs or calves mode cattle through the streets or avenues of New York or Brooklyn, or through any of them, except at such times and in such manner as the streets. metropolitan board of health may, by ordinance or resolution, prescribe. But so long as said board shall permit the business of slaughtering animals for food to be carried on in that portion of the city of New York south of Fortieth street, it shall be lawful to drive, through such streets and avenues in the city of New York as may be designated by said board and under such restrictions as to numbers as said board may prescribe, cattle from eight o'clock in the evening till two hours after sunrise in the morning, and sheep until twelve o'clock at noon. But in designating the streets and avenues the said board shall have regard as well to the convenience of persons driving the same as to the character, condition and ordinary use of the said streets and avenues. $2. No person in charge of any cattle, sheep, pigs, swine or calves shall, if able to prevent it, permit any such cattle, sheep, pigs, swine or calves to pass upon or across any sidewalk in said cities; and any person violating any provision of this act shall be deemed guilty of a misdemeanor, and on conviction be punished by a fine of not less than ten nor more than fifty dollars, or by imprisonment in the penitentiary for not more than thirty days, or by both such fine and imprison ment. Cattle, etc., sidewalks. not to go on Preference to be given 3. In all cases to which said board of health is a party, to suits by either when acting as such or as a board of excise, preference board, etc. shall be given to the same by all courts and judges on all motions, trials and appeals, in the same manner as to cases to which the people of the state are directly parties plaintiff. And whenever said boards shall seek any provisional remedy or shall prosecute any appeal, it shall not be necessary, before obtaining or prosecuting the same, to give any undertaking; but such board shall be liable in the same manner as if an undertaking had been given in the ordinary manner. S4. This act shall take effect immediately. CHAP. 704. AN ACT in relation to the United States Deposit Fund. PASSED April 24, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. All sales of lands mortgaged to the commissioners for loaning certain moneys of the United States, in the several counties of this state, heretofore or hereafter to be made, and which have been and shall be conducted in good faith by one of said commissioners, after the fee therein had become vested in the commissioners by virtue of section thirty of the act entitled "An act authorizing a loan of certain moneys belonging to the United States, deposited with the state of New York for safe keeping," passed April fourth, eighteen hundred and thirty-seven, and after notice of such sales had been given in all respects in conformity to said act, and the acts amending the same, shall be deemed and held to be of the same effect and validity as if both of such commissioners had been present and participated in such sale or sales; provided, however, in all such cases that the purchaser or purchasers shall have paid the purchase-money of said premises, and a deed therefor, executed by both of said commissioners, shall have been delivered to the purchaser or purchasers. Ante, vol. 8, p. 76. |