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CHAP 208.

Friends.

Laws 1839, ch. 184.

AN ACT to amend chapter one hundred and eighty-four of

the laws of eighteen hundred and thirty-nine, entitled - An act in relation to trusts for the benefit of the meetings of the religious society of Friends, passed April seventeenth, eighteen hundred and thirty-nine.'

Passed May 2, 1878; three-fifths being present. The People of the State of New York, represented in Senate and As

sembly, do enact as follows: Amending SECTION 1. Chapter one hundred and eighty-four, laws of eighteen

hundred and thirty-nine, being an act entitled “ An act in relation to 4 Edm.428. trusts for the benefit of the meetings of the religious society of Friends,

passed April seventeenth, eighteen hundred and thirty-nine,” is hereby amended by the addition of three* new sections thereto as

follows: Death of trustees.

$ 3. In case of the death of all the trustees heretofore appointed, or who may be hereafter appointed by virtue of this act, any regular meeting of the religious society of Friends, for whose use and benefit said property was held in trust, may appoint a trustee or trustees in the place of such person or persons, and the person or persons thus appointed by such meeting shall succeed to and be invested with all the powers, rights and duties conferred by this act and the deed or

declaration of trust upon the trustee or trustees. property.

8 4. The trustee or trustees, or survivor of any trustees, appointed pursuant to this act, may sell, convey and grant or demise any or all of the trust property described in said trust deed or declaration of trust to any person absolutely, or in trust for said meeting, whenever any meeting of said society shall by resolution direct the same to be sold and con

onveyed; any conveyance of real estate or property so held in trust by any meeting of the religious society of Friends, which may hereafter be made under and in pursuance of a resolution of the said meeting as provided herein, shall be as valid and effectual for the conveyance of the title of any real estate so held in trust, as if the heirs of

any trustee who may have died prior to the passage of said resolution Deed what had joined in the execution of said conveyance or demise. Any in

strument for the sale or demise of said property shall embody the said resolution of said meeting, relating to said sale or demise of said property, and shall be executed by the said trustee or trustees; and in said acknowledgment said trustee or trustees shall make an affidavit that the person or persons so executing said conveyance or demise are the trustee or trustees of said trust property, and that the said resolution embodied in said conveyance or demise was duly passed by said meeting; and the said affidavit thus made shall be prima facie evidence of the facts therein stated.

8 2. This act shall take effect immediately.

Sale of

to contain.

* So in the original.

CHAP 210

AN ACT to confer additional powers upon corporations or- Societies ganized under chapter four hundred and thirty-eight, laws horse

stealing. of eighteen hundred and sixty-two, entitled “An act to provide for the formation of societies for the prevention of horse stealing," and the several acts amendatory thereof.

PASSED May 2, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. In addition to the powers now conferred by law upon Amending corporations organized under chapter four hundred and thirty-eight, Laws 1862, laws of eighteen hundred and sixty-two, entitled “ An act to provide a Edm. 847. for the formation of societies for the prevention of horse stealing,” Laws 1878, and the several acts amendatory thereof, it shall be lawful for the ch.61, ante, president of any such corporation to appoint, by a certificate in writing, such number of patrolmen, riders, messengers or detectives, not ex- Patrolceeding five in number, as may be fixed by the by-laws of any such meetivde. corporation. Such patrolmen, riders, messengers or detectives shall have etc. full power and authority in the several counties of this state to pursue and arrest with a warrant issued by any magistrate authorized to issue the same, in the county where the offense was committed, any person suspected of having stolen any kind of property named 'in the first section of said act, and to take into custody and return the person so arrested to the county where the offense was committed, and before the magistrate issuing the warrant, to be by him dealt with as provided by law; provided, however, that the expenses incurred in making such arrests and return of any such persons shall be borne by the corporation causing the arrest to be made.

$ 2. This act shall take effect immediately.

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CHAP 212.

AN ACT to establish the right of citizens of this state to carry on their business in all parts thereof.

PASSED May 3, 1878. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. It shall not be lawful for the authorities of any county, Citizens of city or village to impose upon the inhabitants of any other county, fiabe recity or village within this state, carrying on or desiring to carry on any stricted in lawful trade, business or calling within the limits thereof, any restric- carry on tion or condition whatever except such as may be necessary for the business proper regulation of such trade, business or calling and such as apply parts of equally and impartially to the citizens of all parts of the state alike, state. and all ordinances in violation of the provisions of this act are hereby declared to be null and void. § 2. This act shall take effect immediately.

Amended by L. 1879, ch. 417, post, p. 790.

CHAP. 219.

AN ACT in relation to evidence in civil and criminal cases.

of acts,

Passed May 7, 1878 The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Evidence SECTION 1. Any act, ordinance, resolution, by-law, rule or proceedordinan- ing of the common council of a city, or of the board of trustees of an of mattici incorporated village, or of a board of supervisors of any county pal corpo- within this state, and any recital of occurrences taking place at the Amended sessions of any thereof may be read in evidence on any trial, examina

on or proceeding, whether civil or criminal, either from a copy thereof certified by the clerk of the city, village, common council or board of supervisors, or from a volume printed by authority of the common council of the city or board of supervisors of the county. $ 2. This act shall take effect immediately.

See Co. Civ. Proc., § 941.

1879, ch. 211.

CHAP 220.

ing to milk.

milk.

Act relat- AN ACT for the protection of dairymen and dealers in milk, and to prevent deception in the sale of milk.

PASSED May 7,1878 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Skimmed

SECTION 1. Every person who shall sell, or who shall offer or expose for sale, any milk from which the cream, or any part thereof, has been removed, shall distinctly and durably mark, in letters not less than one inch in length, in a conspicuous place, above the centre, upon the outside of every can, vessel or package containing such milk, the words “ skimmed milk," and such milk shall only be sold in or

retailed out of a can, vessel or package so marked. Sale of 8 2. Every person who shall sell, or who shall offer or expose for m County sale, any milk, except in any county in which the same is produced, where pro- shall distinctly and durably mark with letters not less than one inch duced.

in length, in a conspicuous place, above the centre, on the outside of every can, vessel or package containing such milk, the name of the county from which the same is produced, and such milk shall only be

sold in or retailed out of a can, vessel or package so marked. Penalty. 3. Any person who shall violate any of the provisions of this act

shall be deemed guilty of a misdemeanor, and in addition thereto, be liable to a penalty of fifty dollars, and, on trial for such midemeanor or penalty the sale or offer or exposure for sale of milk or articles contrary to the provisions of this act shall be presumptive evidence of knowledge by the accused of the character of the milk or article so sold or offered or exposed for sale, and that the can, vessel or package was not marked as required by this act.

how recovered.

divided.

§ 4. All penalties imposed under the provisions of this act may be Penalties, recovered, with costs of suit, by any person or persons, in his or their own names before any justice of the peace in the county where the offense was committed, or where the defendant resides, or where such suit shall be brought, in the city of New York, before any justice of any of the district courts or the marine court of said city, or such penalties may be recovered in an action in the supreme court of this state by any person or persons in his or their own name, which action shall be governed by the same rules as other actions in said supreme court and said penalties when collected shall be paid by the court before which How penrecovery shall be had, one-half to the prosecutor and the remainder to alties the overseer of the poor, for the use of the poor of the town in which the offense was committed, and in cities to the persons holding the like relations as overseer of the poor.

5. On the non-payment of the penalty, the defendant shall be com- Imprisonmitted to the common jail of the county for a period of not less than one day for each dollar of the amount of the judgment. Any court of Jurisdicspecial sessions in this state shall have jurisdiction to try and dispose of all and any of the offenses arising in the same county against the provisions of this act, and every justice of the peace shall have jurisdiction within his county of actions to recover any penalty hereby given or created. 86. This act shall take effect immediately.

See L. 1862, ch. 467, ante, vol. 3, p. 415, and vol. 6, p. 301.

ment.

tion.

CHAP.

AN ACT to prevent fraud in the manufacture and sale of Fertilizers cominercial fertilizers.

PASSED May 7, 1878. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Every person in this state who shall dispose of any Name or commercial fertilizer, by sale or otherwise, shall affix to every barrel, tradesack, box or package thereof, in a conspicuous place on the outside mark to

be affixed. thereof, a plainly written or printed certificate, bearing a name or trade-mark by which such fertilizer may be known and designated, and specifying the name and residence of the manufacturer or vendor and the date of the manufacture of such fertilizer. The said certificate shall also specify the percentages which such fertilizer contains, of phosphoric acid soluble in water, of total phosphoric acid of potash, of nitrogen soluble in water, and of total nitrogen or the equivalent ammonia. 8 2. For failing to affix to every such barrel, sack, box or package,

Penalty. of fertilizer the certificate herein before required, the party disposing of such barrel, sack, box, or package shall forfeit to the purchaser thereof the sum of one hundred dollars, and for affixing a false certificate to any barrel, sack, box or package of fertilizer, the party dis. posing of such barrel, sack, box or package, shall forfeit to the purchaser thereof the sum of two hundred dollars.

Certificate.

Action for forfeiture.

$ 3. Whenever a correct chemical analysis of any commercial fertilizer disposed of in this state, shall show a deficiency of not more than one-fourth of one per cent of any one of the chemical substances whose percentages are specified in the certificate herein before required, such certificate shall not be deemed false within the meaning of this act.

$ 4. For the recovery of the forfeitures provided in the second section of this act, the purchaser of any commercial fertilizer may bring an action which shall be tried in the county where said purchaser resides.

§ 5. The term "commercial fertilizer,” used in this act, shall be taken to mean any and every substance imported, manufactured, prepared or disposed of for fertilizing or manuring purposes; provided, however, that the provisions of this act shall not apply to marl or to fertilizers disposed of at one-half cent or less per pound, nor to guano, the chemical composition of which has not been changed by the vendor, or any other person since its importation.

$ 6. This act shall take effect on the first day of August, eighteen hundred and seventy-eight.

Definition.

When to take effect.

CHAP. 8.

Dog tax. AN ACT to amend chapter one hundred and ninety-seven of

the laws of eighteen hundred and sixty-four, entitled “ An act to amend the several acts relating to taxes upon dogs, so far as relates to the county of Ontario, and providing for the extension of the provisions thereof to the several counties of the state, by resolution of the respective boards of supervisors."

PASSED May 8, 1878; three-fifths being present. The People of the State of New York, represented in Senate and As

sembly, do enact as follows: Amending SECTION 1. Chapter one hundred and ninety-seven of the laws of eighteen Laws 1864, hundred and sixty-four, entitled “An act to amend the several acts relating to 6 Edm. 240. taxes upon dogs, so far as relates to the county of Ontario, and providing for

the extension of the provisions thereof to the several counties of the state, by resolution of the respective boards of supervisors" is hereby amended by adding thereto and inserting therein, after section four thereof, the following, as sec

tion five, namely: Tax to pay orders for

$ 5. Whenever the amount of the order or orders for damages, given by the sheep town auditors to the owner or owners of sheep killed or injured by dogs, shall killed.

exceed the amount of the dog fund in the hands of the supervisor of such town, it shall be lawful for the board of supervisors to add to the accounts of said town, the amount of such order or orders then due and unpaid; but such sum shall in no case exceed the amount theretofore received into the dog fund of said town, and diverted therefrom for the purpose of building and repairing roads and bridges, or for the payment of contingent expenses of such

town, for the three years next preceding the date of such order or orders. Numbers. § 2. Sections five, six, seven, and eight of said act are hereby numbered re

spectively, six, seven, eight and nine.

$ 3. This act shall take effect immediately.

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