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etc.

comp

comptroller

State

Comp- as shall be sufficient to accomplish in full the purposes designed by the approtroller to audit and priations; but no warrant shall be issued, except in cases of salaries, until the allow amounts claimed shall have been audited and allowed by the comptroller, who cialms,

is hereby authorized to determine the same, and to require detailed statements,

in items, verified by affidavit. Salary of The salary of the deputy comptroller is hereby fixed at three thousand five deputy

hundred dollars per annum, from the first day of December, eighteen hundred troller. and seventy-six, and the sum of one thousand two hundred and fifty dollars is

hereby appropriated to supply deficiency in said salary to September thirty, Office of eighteen hundred and seventy seven, and the balance of appropriation, per second

chapter one hundred and ninety-two, laws of eighteen hundred and seventydeputy

six, for the salary of the second deputy comptroller, amounting to two thou

sand nine hundred and sixteen dollars and sixty-eight cents is hereby re-approabolished.

priated for the general expense of the government, and the office of second

deputy comptroller is hereby abolished. Wasson,

The comptroller is hereby authorized to pay six hundred dollars, being inJohn T., heirs of.

terest at six per cent on ten thousand dollars due the widow and heirs-at-law of the late John T. Wasson, upon a certificate issued under chapter eight hundred and thirty, laws of eighteen hundred and sixty-eight, to October first,

eighteen hundred and seventy-seven, payable semi-annually. Capitol. For repairs, cleaning, labor, gas and other necessary expenses of the capitol,

twelve thousand dollars. State hall. For repairs, cleaning, labor, gas and other necessary expenses of the state

hall, three thousand dollars.

For repairs, cleaning, labor, gas, transportation of books and other neceslibrary.

sary expenses of the state library, eight hundred dollars. Office of For furniture, books, binding, blanks, printing and other necessary expenses superin- of the office of the superintendent of public instruction, one thousand five tendent of public in- hundred dollars. struction. For furniture, books, binding, blanks, printing and other necessary expenses Office of state engi

of the office of the state engineer and surveyor, three hundred dollars. neer and For furniture, books, binding, blank, printing and other necessary expenses

of the office of comptroller, five hundred dollars. Office of comp- For payment to commissioners of money received into the treasury for taxes troller.

on lands of non-residents appropriated to the construction of roads, ten thouCommissioners for sand dollars. building For the electors of president and vice-president and for special messengers roads. Presiden

for compensation, three thousand dollars. tial elec- For the maintenance of convicts sentenced to penitentiaries, in pursuance of

chapter one hundred and fifty-eight, laws of eighteen hundred and fifty-six, Convicts, mainte- chapter five hundred and eighty-four, laws of eighteen hundred and sixty-five, nance of, chapter six hundred and sixty-seven, laws of eighteen hundred and sixty-six, at penitentiaries.

chapter five hundred and seventy-four, laws of eighteen hundred and sixtynine, chapter two hundred and forty seven, laws of eighteen hundred and seventy-four, and chapter five hundred and seventy-one, laws of eighteen hun

dren and seventy-five, seven thousand dollars. Sheriffs, The comptroller is hereby authorized to pay to sheriffs mileage and the for transporting

actual expenses incurred by him* for maintenance, for the transportation for convicts convicts to the State Reformatory at Elmira, and such reasonable compensation to State Reforma

for these services as the comptroller shall deem just and equitable. tory,

For the support of the laundry establishment at Sing Sing prison the sum Elmira.

of seven thousand five hundred dollars, for the current fiscal year, ending SepSing Sing prison,

tember thirtieth, eighteen hundred and seventy-seven, as authorized by chaplaundry. ter four hundred and fifty-eight, laws of eighteen hundred and sixty-six, and

the earnings from this source shall be accounted for and deposited in the same manner as other prison earnings.

$ 2. This act shall take effect immediately.

surveyor.

tors.

* So in the original.

CHAP 28.

AN ACT to amend section twenty-nine of article third, chapter Presiden

sixth, title sixth, of part first of the revised statutes, relating tions. to the compensation of electors of president and vice-president of the United States.

PASSED March 1, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section twenty-nine of article third, chapter sixth, title Amending sixth of part first of the revised statutes is hereby amended so as to i Edm. 114. read as follows:

8 29. Every elector of the state for the election of a president and vice-president of the United States, who shall attend at any election sation of of those officers and give his vote at the time and place appointed by law, shall be entitled to receive for his attendance at such election, the sum of fifteen dollars per day, together with ten cents per mile, each way, from his place of residence, by the most usual traveled route, to the place of the meeting of said electors, to be audited by the comp- Comptroller upon the certificate of the secretary of state, and paid by the troller to treasurer.

Compen

electors.

count.

CHAP 81.

AN ACT to amend chapter one hundred and thirty-three of Rural

the laws of eighteen hundred and forty-seven, entitled “ An cemeteries act authorizing the incorporation of rural cemetery associations."

PASSED March 3, 1877 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section ten of chapter one hundred and thirty-three of Laws 1847, the laws of eighteen hundred and forty-seven, entitled “An act author- sh. 2133 izing the incorporation of rural cemetery associations,” is hereby 3 Edm.748. amended so as to read as follows:

$ 10. The cemetery lands and property of any association formed pur. Exempsuant to this act, and any property held in trust by it for any of the tion of purposes mentioned in section nine of this act, shall be exempt from etc. all public taxes, rates and assessments, and shall not be liable to be sold on execution, or be applied in payment of debts due from any individual proprietor. But the proprietors of lots or plots in such Individua cemeteries, their heirs or devisees, may hold the same exempt there- rights. from, so long as the same shall remain dedicated to the purposes of Streets, a cemetery, and during that time no street, road, avenue or thorough- roads and fare shall be laid out through such cemetery, or any part of the lands through. held by such association for the purposes aforesaid, without the con

sent of the trustees of such association, except by special permission of the legislature of the State.

See 3 Edm. Stat. at Large, 748; Buffalo City Cemetery v. Buffalo, 46 N.Y.

503. The above section does not exempt from assessments for local
improvements. Same v. Same, id. 506. That cemeteries will not be
sold to satisfy liens for local improvements. Louisville v. Nevin, 10

Bush, 549; 19 Am. Rep. 78.
As to foreclosure of mortgage given by lot owner, Lautz v. Buckingham,

11 Abb. (N. S.) 64; 4 Lans. 484.
Equity will restrain invasion or cemeteries, ex. gr., by highway officers.

Trustees v. Walsh, 57 Ill. 363 ; 11 Am. Rep. 21. See L. 1879, ch. 310, post, p. 763.

Laws 1864,
ch. 555.
6 Edm. 344.

of taxes to give

CHAP 38. AN ACT to amend chapter five hundred and fifty-five of the Public instruction, laws of eighteen hundred and sixty-four, entitled “An act

to revise and consolidate the general acts relating to public instruction."

PASSED March 3, 1877; three-fifths being prosent. The People of the State of New York, represented in Senate ana

Assembly, do enact as follows : Amending SECTION 1. Section eighty-four, article seven, title seven, of chaptei

five hundred and fifty-five of the laws of eighteen hundred and sixty. four, entitled “ An act to revise and consolidate the general acts relat

ing to public instruction,” is hereby amended so as to read as follows Collector $ 84. The collector, on the receipt of a warrant for the collection 0.

taxes, shall give notice to the tax-payers of the district, by publicly certain

posting written or printed, or partly written and partly printed, notices.

notices in at least three public places in such district, one of which shall be on the outside of the front door of the school-house, stating that he has received such warrant and will receive all such taxes as may be voluntarily paid to him, within two weeks from the time of posting said notice. Such collector shall also give a like notice, either personally or by mail, at least ten days previous to the expiration of the two weeks aforesaid, to the ticket agent at the nearest station of any railroad corporation assessed for taxes, upon the tax list delivered to him with the aforesaid warrant, and no school collector shall be entitled to recover from any railroad corporation more than one per cent fees on the taxes assessed against such corporations, unless notice shall have been given as aforesaid, and in case the whole amount of taxes shall not be so paid in, the collector shall forth with proceed to collect the same. He shall receive for his services on all sums paid in as aforesaid, one per cent, and upon all sums collected by him after the expiration of the time mentioned, five per cent, except as hereinbefore provided, and in case a levy and sale shall be necessarily made by such collector, he shall be entitled to traveling fees, at the rate of ten cents per mile, to be computed from the school-hous in such district.

8 2. This act shall take effect immediately.

Fees.

[ocr errors]

9 Edm.473

county

gates. Warren

$2,000.

AN ACT to amend chapter seven hundred and sixty-seven of County

the laws of eighteen hundred and seventy-two, entitled “ An Judges and. act to establish the compensation of county judges and surrogates pursuant to the fifteenth section of the amended sixth article of the constitution."

PASSED March 6, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section three of chapter seven hundred and sixty-seven, Amending of the laws of eighteen hundred and seventy-two, entitled “An act to Laws of establish the compensation of county judges and surrogates, pursuant chap 70** to the fifteenth section of the amended sixth article of the constitution,” is hereby amended so as to read as follows:

Salaries of $ 3. The salaries of the county judges, who perform the duties of judges and the office of surrogate, are hereby fixed in the counties named and at surrothe sums stated as follows:

In the counties of Warren, Franklin, Schenectady, Wayne, Rockland, and other Lewis and Delaware, two thousand dollars each.

In the counties of Chenango, Madison, Greene, Herkimer, Living- Chenango ston, Montgomery, Chemung and Broome, three thousand dollars each. $3.000

In the counties of Steuben and Richmond, three thousand five hun- Steuben dred dollars each.

In the counties of Schoharie, Cortland, Sullivan, Genesee, Essex, Schoharie Orleans, Tioga, Tompkins, Wyoming and Suffolk, two thousand five and otherg

$2,500. hundred dollars each.

In the counties of Putnam, Yates and Schuyler, one thousand five Putnam hundred dollars each.

$1,500. In the county of Seneca one thousand dollars. In the county of Allegany, two thousand seven hundred and fifty $1,000,

Allegany dollars.

$2,750. In the county of Fulton, two thousand two hundred and fifty dollars. Fulton In the county of Hamilton, eight hundred dollars.

Whenever in any county where there is now a separate county judge $800. and surrogate, the supervisors shall decide to have but one officer to Provision act as county judge and surrogate, the salary of such officer shall be five hundred dollars less than the aggregate salary herein allowed to offices are the county judge and surrogate of such county.

$ 2. This act shall take effect on the first day of January, eighteen hundred and seventy-eight.

Ch, 401, post, p. 427, also amends § 3 of the act of 1872, but as the above act went into effect at a later date, it is to be considered as the one now in force. See Beckwith v. Whalen, 65 N. Y. 322.

48

and others $3,500.

and others

Seneca

$2,250. Hamilton

for counties where

CHAP 65.

ments

AN ACT to regulate the execution and transfer of negotiable instruments given for patent rights.

PASSED March 28, 1877. The People of the State of New York, represented in Senate and Assembly, do

enact as follows: Negotiable SECTION 1. Whenever any promissory note or other negotiable instrument instru

shall be given, the consideration of which shall consist in whole or in part of given for the right to make, use or vend any patent invention or inventions, claimed or patent

represented by the vendor at the time of sale to be patented, the words "given right.

for a patent right,” shall be prominently and legibly written or printed on the face of such note or instrument above the signature thereto; and such note or instrument in the hands of any purchaser or holder shall be subject to the

same defenses as in the hands of the original owner or holder. Punish- § 2. If any person shall take, sell or transfer any promissory note or other ment for disobey

negotiable instrument not having the words “given for a patent right,” writing. ten or printed legibly and prominently on the face of such note or instrument,

above the signature thereto, knowing the consideration of such note or instrument to consist in whole or in part of the right to make, use or vend any patent invention or inventions, claimed as aforesaid to be patented, every such

person or persons shall be deemed guilty of a misdemeanor. Limita- $ 3. This act shall not apply to a promissory note given solely for the pur

chase price or the use of a patented article.

Similar statutes were held unconstitutional in Helm v. Bank, 43 Ind. 167; S. C., 13 Am. Rep. 395 ; Crittenden v. White, 23 Minn. 24 ; 8. C., 23 Am. Rep. 67'; Hollida v. Hunt, 70 Ill. 109; 8. C., 22 Am. Rep. 63; Grover & Baker Machine Co. v. Butler, 53 Ind. 454; S. C., 21 Am. Rep. 200 ; Woorl Mowing Machine Co. v. Caldwell, 54 Ind. 270 ; S. C., 23 Am. Rep. 641. But see decision of U. S. Sup. Ct. in Patterson v. Commonwealth, 19 Alb. L. J. 156.

tion.

CHAP 89.

Banks.

AN ACT to amend chapter four hundred and seventy-five of the

laws of eighteen hundred and sixty-seven, entitled “An act enabling national banking associations to become state banking associations, and to amend the banking laws of this state."

PASSED March 29, 1877.

ch. 475,

The People of the State of New York, represented in Senate and Assembly, do

enact as follows: Amending SECTION 1. Section three of chapter four hundred and seventy-five of the Laws 1867.

laws of eighteen hundred and sixty-seven, entitled "An act enabling national 7 Edm. 107. banking associations to become state banking associations and to amend the

banking laws of this state," is hereby amended so as to read as follows: Circulat. § 3. Nothing in the banking laws of this state shall be construed as requiring notes.

ing any banking association or individual banker to issue circulating notes, but every banking association and individual banker not having given notice of intention to close the business of banking, and not having made a deposit

of cash to redeem its circulating notes, and whose outstanding circulation Deposit in does not exceed ten thousand dollars, is hereby required to keep on deposit, partment. in the bank department, in addition to the deposit now required to secure the

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