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as to law schools.
laws, remaining in force, after this act takes effect, does not create a
vacancy therein, or affect the compensation of the incumbent. Provision
17. The repeal of the laws, conferring upon a graduate of the law
department of the University of Albany, or of the law department of Amended the University of the City of New York, or of the law school of Col1878. ch. 126. umbia college, or of the law department of Hamilton college, the
right to be admitted to practice as an attorney and counselor at law,
upon the prodluction of his diploma, does not affect the right of a 35. M. , person who was a student in, or was graduated by, either of those ch. 349, and departments of schools, on or before the first day of April, eighteen 1860. ch.206: hundred and seventy-six, to be so admitted, at any time within one post, p. .
year after this act takes effect, upon his complying with the existing
laws relating to the admission of such a graduate to practice. "Existing laws.
§ 4. The term “existing laws," as used in this act, designates the statutes of the state, remaining unrepealed on the day before this act takes effect.
$ 5. This act shall take effect on the first day of September, eighteen hundred and seventy-seven.
CHAP 419. AN ACT authorizing licenses to keep taverns without includ ing a license to sell spirituous or intoxicating liquors.
PASSED June 5, 1877 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Licenses to keep taverns, pursuant to the laws of this state, may be granted by the commissioners of excise, in the several cities and towns of this state, or by any board or officers exercising the power of such commissioners, without including a license to sell strong or spirituous liquors, ale, wines, beer or alcoholic drink, and in al such cases the license shall express such restrictions on its face, and a fee of five dollars may be charged for granting such license, and no more; but no such license shall be given until the bond required to be given by tavern-keepers is executed and delivered to said commissioners.
8 2. This act shall take effect immediately.
the laws of eighteen hundred and fifty-seven, entitled "An
PASSED June 5, 1877; 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 fifteen of chapter six hundred and twenty-eight Laws 1857. of the laws of eighteen hundred and fifty-seven, entitled “An act to
suppress intemperance and to regulate the sale of intoxicating liquors," is hereby amended so as to read as follows:
4 Edm. 46.
§ 15. No inn, tavern or hotel keeper, or any other person licensed to sell any Sales to strong or spirituous liquors or wines, shall
, either personally, or by his wife, and servant, employe or other agent, sell or give any such liquors or wines to any minors. Indian or apprentice, knowing or having reason to believe him to be such, or within the knowledge of such agent, without the consent of his master or mistress, nor to any minor under the age of eighteen years, without the consent of his father or mother, or guardian. Whoever shall either personally or by his wife, servant, employe or other agent, offend against either of these provisions, shall forfeit ten dollars for each and every offense, to be recovered by the master of such apprentice or servant, or by the parent or guardian of such minor; and any person who shall, either personally or by his wife, servant, employe or other agent, sell or give away any strong or spirituous liquor, ale, beer or wine to any Indian in this state, or shall sell any beer, ale, wine or any strong or spirituous liquor to any minor under the age of fourteen years, knowing or having reason to believe such minor to be under such age, shall be deemed guilty of a misdemeanor, and on conviction shall be liable to a fine of twenty-five dollars for each and every offense. $ 2. This act shall take effect immediately.
See 17 Hun, 591.
of eighteen hundred and fifty-nine, entitled “ An act to establish
PASSED June 6, 1877; three-fifths being present.
Amending eighteen hundred and fifty-nine is hereby amended so as to read as follows: ch. 366,
$ 6. There shall be assigned to the said superintendent, by the trustees of Laws 1869, the state hall, suitable offices in the city of Albany, for conducting the busi- Offices of ness of said department; and the said superintendent shall, from time to time, superin.
tendent of furnish the necessary furniture, stationery, fuel, lights and other proper con- insurance veniences for the transaction of the said business, the expenses of which, to- departgether with the rent of said offices, shall be paid on the certificate of the su- ment. perintendent and the warrant of the comptroller.
$ 2. This act shall take effect immediately.
CHAP 44. AN ACT in relation to the appointinent of a state agent for the guidance and employment of discharged convicts.
PASSED June 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. The superintendent of prisons is hereby authorized and empowered to appoint a state agent for discharged convicts, who shall hold office during the pleasure of the State said superintendent, whose duty it shall be to visit, from time to time, the various penal agent for institutions and reformatories of the state, and at least once in each month at each of the discharged state prisons, to confer with
all convicts whose term of imprisonment is soon to expire, convicts. for the purpose of inducing them to proceed immediately from the place of their
contine- Duty. ment to suitable homes and places where employment will be secured to them. The said agent shall seek access to employers of labor adapted to such discharged convicts, so that they can, upon their liberation, be at once directed to suitable employment on the introduction and request of the said agent.
$2. The said agent shall furnish the convicts discharged from prisons and reformatories with transportation, food, clothing, and any necessary tools and advice, so that they may Provision enter upon employment.
for $3. The office of the said agent shall be located at some one of the state prisons of this convict. state, to be designated by the superintendent of state prisons.
Office. 84. The said agent shall keep an account of all the moneys ex
Account pended by him pursuant to regulations approved by the superintend- of agent.
ent of state prisons, for his correspondence and necessary traveling and incidental expenses, and in furnishing clothing, board, transportation and tools to discharged prisoners, and such account, showing the amount under .each head for each person, duly approved by the superintendent of state prisons, together with the proper vouchers, shall be transmitted to the comptroller of the state each month, and upon its approval by him, a warrant shall be drawn upon the state treasury therefor, but the whole amount so paid for such expenditures shall not exceed five thousand dollars over and above the amount already provided for by law for any one year. And any clothing, money and transportation furnished to each discharged convict as provided in chapter four hundred and sixty, session laws of eighteen hundred and forty-seven, chapter four hundred and seventeen, laws of eighteen hundred and sixty-two, chapter four hundred and fifteen, laws of eighteen hundred and sixty-three, and in any other laws of this state, shall be applied as directed by the said superintendent of
prisons in carrying out the provisions of this section. List of 8 5. The warden or superintendent of each state prison, penitenconvicts whose
tiary and reformatory, and the sheriff of each county, shall furnish to terms are the said agent upon the first of each month, a full list of all the conabout to expire to
victs who will be discharged from the custody of the said institutions, be fur- respectively under their charge during the next succeeding month, nished agent. with such statements as shall be prescribed in the forms furnished
under the direction of the superintendent of state prisons by the said
agent concerning each convict to be discharged. Annual § 6. The said agent shall, on or before the fifteenth day of January statement. in each year, make to the superintendent of state prisons, a detailed
statement in full of his official acts for the year ending the thirty-first day of December next last preceding, and the chief practical results of the same, so far as verified by him, and the superintendent of prisons shall transmit the same as a part of his annual report to the
legislature of the state. Salary. 87. The salary of the said agent shall be two thousand five hun
dred dollars per annum, to be paid quarterly by the treasurer, upon the warrant of the comptroller; provided, that such salary for the year first ensuing after the appointment of said agent, shall be paid from the sum heretofore appropriated" for maintaining the system of guidance, employment and aid of discharged prisoners,” for the pres
88. This act shall take effect immediately.
ers in academies and union schools, and to the establishing
PASSED June 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. The treasurer shall pay yearly, on the warrant of the comptroller, out of the income of the United States deposit fund not
Appropria tion for the in
otherwise appropriated, the sum of thirty-five thousand dollars, to be struction applied as follows, to wit: Thirty thousand dollars for the instruction in academies and union schools in the science and practice of common school teaching, under a course to be prescribed by the regents of the university; and five thousand dollars to the regents of the university for establishing and conducting examinations as to attainments in learning under the direction of the said regents, as hereinafter provided for.
$ 2. The said regents shall designate the academies and union Regents to schools in which the instruction shall be given, distributing them sentonate among the counties of the state as nearly as well may be, having reference to the number of school districts in each, to location and to the character of the institutions selected.
8 3. Every academy and union school so designated shall instruct a Instruotclass of not less than ten nor more than twenty-five scholars, and ors. every scholar admitted to such class shall continue under instruction not less than ten weeks, all of which shall be in one school term. The regents shall prescribe the conditions of admission to the classes, the course of instruction, and the rules and regulations under which said instruction shall be given, and shall, in their discretion, determine the number of classes which may be formed in any one year in any academy or union school, and the length of time exceeding ten weeks during which such instruction may be given, all of which shall be in the same school term.
§ 4. Instruction shall be free to all scholars admitted to such classes, To be free and who have continued in them the length of time required by the third section of this act.
$ 5. The trustees of all academies and union schools in which such Rate of instruction shall be given shall be paid from the appropriation made parcelente by the first section of this act at the rate of one dollar for each week's instruction of each scholar, on the certificate of the regents of the university to be furnished to the comptroller.
8 6. The regents of the university shall establish in the academies Examinaand academic departments of union schools, subject to their visi- tions. tation, examinations in such branches of study as are commonly taught in the same, and shall determine the rules and regulations in accordance with which they shall be conducted; said examinations shall be prescribed in such studies, and shall be arranged and conducted in such a manner, as in the judgment of the regents will furnish a suitable standard of graduation from the said academies and academic departments of union schools, and of admission to the several colleges of the state; and they shall confer such honorary certificates or diplomas as they may deem expedient upon those pupils who satisfactorily pass such examinations. And the said regents are hereby authorized to establish examinations as to attainments in learning of any persons applying for admission to the same, to prescribe rules and regulations for the admission of candidates to said examinations, and for conducting them, and to confer and award such degrees, honorary testimonials or diplomas to persons who satisfactorily pass such examinations, as the said regents may deem expedient. They shall audit and certify to the comptroller all accounts for the expenses of establishing and conducting such examinations and all contingent expenses attending the same, and the amounts thereof shall be paid from the appropriation for this purpose made in the first section of this act.
87. The sum of seventeen thousand dollars is hereby appropriated from the revenue of the United States deposit fund not otherwise appropriated, to be applied to the purposes named in the first section of this act, which, together with eighteen thousand dollars for the instruction of common school teachers in the general appropriation act of the present session of the legislature, makes up the sum of thirty-five thousand dollars provided in the aforesaid first section of this act.
Trustees of cemeteries may
CHAP 496. Cemeterles AN ACT to amend chapter four hundred and two of the laws
of eighteen hundred and sixty-eight, entitled “An act to authorize the trustees of incorporated rural cemeteries to impose a tax upon the lot owners in said cemeteries."
PASSED June 6, 1877; 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 one of chapter four hundred and two of the laws Laws 1868. of eighteen hundred and sixty-eight, entitled “ An act to authorize 7 Edm. 309. the trustees of incorporated rural cemeteries to impose a tax upon the
lot owners in said cemeteries,” is hereby amended so as to read as follows:
§ 1. The trustees of any rural cemetery association incorporated under
the laws of this state are hereby authorized to levy a tax upon the lot levy tax owners in such cemetery, for the purpose of improving the grounds of
such cemetery, and repairing and re-building the fences around the same, whenever the funds applicable to such purposes shall be insufficient to make the necessary repairs or improvements.
§ 2. Section two of said act is hereby amended so as to read as follows:
8 2. Such tax shall not be levied, except upon the written consent of
two-thirds of the lot owners in the cemetery to which the proposed See ch. 411, tax is to be applied, or upon the vote of a majority of all the lot post, p. 788. owners in favor of a tax for the purposes herein specified, at an annual
meeting of the association, or at a special meeting called by the trustees for the purpose of taking such vote, upon the same notice that is required by law for annual meetings.
§ 3. Section three of said act is hereby amended so as to read as fol
lows : Limit of § 3. The tax hereby authorized shall be such sum per lot as the
trustees shall determine, not exceeding the sum of five dollars a lot in any one year, and not exceeding ten dollars in any decade of years,
according to the valuation of each lot, as determined by said trustees, Collection, and the tax so levied shall be collected upon the warrant of the trus
tees of the cemetery association by the school district collector of the school district in which the cemetery is situated, and be paid over by him to the treasurer of said ceinetery; such warrant shall conform as near as may be to warrants for the collection of school taxes, and the collector shall have the same powers and be entitled to the same compensation, and if required by the trustees of the cemetery association shall give a like bond, as in the collection of school taxes.
8 4. This act shall take effect immediately.
Tax, when to be levied.