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CONCURRENT RESOLUTIONS :
Relative to the redemption of the coin obligations of the government in gold or its full

equivalent Passed January 29, 1878. PROPOSING AN AMENDMENT to section six article six of the Constitution. Passed February

1, 1878. In relation to Census Report of eighteen hundred and seventy-five. Passed May 3,

1878. Relative to rates of tolls on the canals for the year eighteen hundred and seventy-eight.

Passed February 6, 1878. Relative to the Paris International Industrial Exposition. Passed February 15, 1878. Relative to furnishing military equipments to the Albany Academy. Passed May 9,

1878. Authorizing the Canal Board to regulate the tolls on the Black River canal. Passed

March 20, 1878. Authorizing the Governor to issue camp equipage to the Utica Citizens Corps in place of

such equipage loaned by said corps to the state. Passed April 11, 1878. Relative to the portrait of Chief Justice Ambrose Spencer. Passed March 26, 1878. Relative to the improvement of Spuyten Duyvil creek. Passed April 5, 1878. Relative to printing report of State Engineer and Surveyor on Railroads. Passed April

5, 1878. Relative to the publication of certain historical records. Passed May 8, 1878. Authorizing the Governor to appoint a commissioner to attend the Prison Congress to

be held at Stockholm. Passed May 7, 1878. IN RELATION TO THE CAPITOL OF THE STATE OF New YORK. Passed May 17, 1878.

GENERAL STATUTES

OF THE

STATE OF NEW YORK

PASSED AT THE

101st SESSION, 1878.

CHAP. 18.

AN ACT in relation to field books, surveys, maps, official

papers, reports and records, in the office of the State Engi. neer and Surveyor.

PASSED February 13, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Copies of all official field books, maps, surveys, records, Copies of reports and papers filed or deposited according to law, in the office of field the state engineer and surveyor, when certified by the state engineer etc., to be and surveyor, or his deputy in the form of and pursu: nt to law, shall, in all cases, be evidence, equally and in like manner, as the originals.

8 2. The state engineer and surveyor, with the approval of the gov- Seal. ernor, shall devise a seal of office, with suitable inscription, a description of which, with a certificate of approval by the governor, shall be filed in the office of the secretary of state, with an impression thereof, which seal shall thereupun be and become the seal of office of the state engineer and surveyor, and the same may be renewed when necessary. Whenever and from the time that such description and impression of Cares seal are filed in the office of the secretary of state, all certificates of sealed. the sale of state lands, all copies of maps, surveys, field books, official papers, reports or records, certified by the state engineer and surveyor or his deputy shall be sealed with said seal of office. § 3. This act shall take effect immediately.

See Code Civ. Proc., § 933.

cates to be

CHAP. 28.

AN ACT relating to diseased animals.

PASSED February 23, 1878 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Penalty

SECTION 1. Any person who shall knowingly sell or offer for sale, or for selling use, or expose, or who shall cause or procure to be sold, or offered for diseased sale, or used, or to be exposed, any horse or other animal having the animals. disease known as glanders, or farcy, or any other contagious or in

fectious disease by such person known to be dangerous to human life, or which shall be diseased past recovery, shall be guilty of a misdemeanor.

$ 2. Every animal having glanders, or farcy, shall at once be deDiseased animals to prived of life by the owner or person having charge thereof, upon be killed.

discovery or knowledge of its condition ; and any such owner or person omitting or refusing to comply with the provisions of this section shall be guilty of a misdemeanor.

83. This act shall take effect immediately.

Liability of owner of animals having an infectious disease. Fisher v. Clark, 41 Barb. 329; Mills v. The New York & Harlem R. R. Co., 2 Rob. 326; Boone v. Utica, 2 Barb, 104, Barnum. v. VanDusen, 10 Conn. 200; Eaton v. Winne, 20 Mich. 156; S. C., 4 Am. Rep. 377; Wood on Nuisances, 8 70; Wharton on Negligence, 8 916; Shearman and Redfield on Negligence, és 193, 224n ; Mullett v. Mas, Law Rep. 1 C. P. 559; Fultz v. Wycoff, 25 Ind. 321; Morrison v. Cornelius, 63 N. Y. 346 ; Herold v. Meyers, 20 Iowa, 378; Herrick v. Gary, 65 II. 101.

CHAP. 80.

Amending

2 Edm. 99.

AN ACT to amend article third of title three of chapter six

of the second part of the revised statutes, entitled “ of the duties of executors and administrators in rendering an account and in making distribution to the next of kin.'

Passed February 25, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The seventy-second section of article third of title third RS. 95. of chapter six of the second part of the revised statutes is hereby

amended so as to read as follows:

§ 72. In such order the surrogate may direct the delivery of any Distribu- personal property, which shall not have been sold and the assignment

of any mortgages, bonds, stocks, notes or choses in action or other demands, among those entitled to payment or distribution in lieu of so much money as such property or securities may be worth, to be ascertained by the appraisement and oath of such persons as the surrogate shall appoint for that purpose, in the following cases :

1. If the parties who shall have appeared consent, in writing thereto.

2. Or if it appears that a sale thereof for the purpose of payment or distribution would cause a loss to the parties entitled thereto. 8 2. This act shall take effect immediately.

Repealed by ch. 245, L. 1880. See Co. Civ. Proc., § 2744.

CHAP. 45.

tional

AN ACT granting free passage through toll-gates and over toll-bridges

and ferries to the national guard.

Passed February 27, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. Any member or members of the national guard of this state, Members

of Nawhen in uniform, going to or returning from any parade, encampment, drill or meeting, which he or they may be required to attend in compliance with orders Guard from any competent authority, shall, together with such conveyance or con- going to veyances or military property of the state, as he or they may be in charge of, Grills, eto., be allowed, without any hindrance or delay, to pass free through all toll-gates exempt

from toll. and over all toll-bridges and ferries within the state.

$ 2. Any toll-gate or toll-bridge keeper or any ferry master, or any other Penalty person or persons who may be in charge of any toll-gate, toll-bridge or ferry, for biowho shall willfully hinder or delay any member or members of the national or refus guard, or shall refuse free passage to such member or members of the national ing.

passage. guard, who shall be acting under the provisions of the first section of this act, shall be guilty of a misdemeanor, and on conviction be fined no less than ten dollars and no more than twenty dollars or be imprisoned no less than five days and no more than ten days.

§ 3. This act shall take effect immediately.

CHAP 40. AN ACT to provide for the appointment and compensation of depu- Attorney: ties and clerks in the attorney-general's office.

office. PASSED February 28, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The attorney-general may appoint for the duties of his office two Deputies

and clerks deputies to be designated as first and second ; two clerks, and one messenger, in. who sball severally be paid the following annual salaries: the deputies four Compensathousand dollars each, the clerks two thousand dollars each, and the messenger who shall also perform the duties of clerk when required by the attorney-gen- Removals. eral, the sum of one thousand dollars, all of said salaries to be payable monthly. Any officer herein before authorized to be appointed may be removed by the attorney-general at pleasure and another appointed in his stead.

$ 2. All provisions of law inconsistent with this act are hereby repealed. § 3. This act shall take effect immediately.

tion.

CHAP 44. AN ACT to amend chapter three hundred and forty-four of Highwara the laws of eighteen hundred and seventy-seven, entitled tions by

railroads. “An act to authorize railroad corporations to pay commutation money for highway labor, to the commissioners of highways of towns.

PASSED March 4, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter three hundred and forty-four of Amending the laws of eighteen hundred and seventy-seven, entitled “ An act to ch.844,

ante, p. 422.

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