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CHAP 288.

AN ACT to amend chapter one hundred and fifty of the laws of

eighteen hundred and thirty-seven, 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 May 9, 1878. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section thirty-three of chapter one hundred and fifty of the Amending laws of eighteen hundred and thirty-seven, entitled "An act authorizing a Laws-1837, loan of certain moneys belonging to the United States, deposited with the state 3 Edm.76. of New York for safe keeping,” is hereby amended so as to read as follows:

$ 33. When any land mortgaged to the said commissioners according to this act Sale of shall be exposed for sale as aforesaid, and no person shall bid at such sale for land on the said lands, a sum equal to the amount due on the mortgage for principal to loan and interest, and the expenses of the advertisements and the sale; or if any commisperson to whom any such lands shall at any such sale be struck off, shall not pay for the same, then and in every such case the said commissioners shall enter into and take possession of the said lands and premises, and let the same upon the best terms they can obtain for the benefit of the state, until the third Tuesday in September then next, and shall, on the same third Tuesday in September, sell the said lands and premises at public vendue to the highest bidder, giving at least six weeks previous notice of such sale, in the manner directed by the two next preceding sections of this act, and if, upon such sale, no person shall bid or offer to give for the said lands and premises, a sum equal to the amount due on the mortgage for principal and interest, including all costs and expenses ; or if any person to whom any such lands and premises shall at any such sale be struck off, shall not pay for the same, then and in every such case, the said commissioners shall bid therefor in behalf of the people of this state, a sum not exceeding the amount at which the said Îands shall be appraised by the appraisers hereinafter mentioned, in case sucli bidding shall be necessary to prevent the sale of such premises for a less sum; but if the mortgagor, or his or her heirs or assigns shall, at or before the

Redempsale of the mortgaged premises, pay to the said commissioners all such sums of tion by money as shall be due and payable on such mortgage on the first Tuesday of mortOctober then next, for principal and interest, and costs and charges of foreclosure, as prescribed by this act, together with the charges of advertising the same, then the title in fee to said mortgaged premises shall revert to and reinvest in the said mortgagor, his or her heirs or assigns, and the said commissioners shall accept the said sums of money, and the costs and charges aforesaid, and permit the said owner, or his or her heirs or assigns, to take possession of the said mortgaged premises, and to hold the same until default shall be made in payment of any further sum on the said mortgage. The commis- Commissioners appointed by virtue of this act, and their successors, in making any

sioners not sale of any mortgaged premises by virtue of this act shall not directly or indirectly ested. be interested in the purchase of the mortgaged premises so cold or any part thereof. The said commissioners may, at any time before the sale of the mortgaged prem- Waste ises, bring and maintain action to restrain the commission of waste upon the mort- upon

premises. gaged premises by the mortgagor, his heirs, devisees, assigns, grantors, or by any other person, and may also, at any time, bring an action to correct any mistake or omission in the description of the mortgaged premises, and may also, after default in said mortgage, maintain an action of trespass against any person who shall, at any time thereafter, and before actual sale of the mortgaged premises, cut or remove therefrom or injure any fence, building or other fixture. All purchases made contrary to the provisions of this section shall be Void purvoid.

chases. $ 2. This act shall take effect immediately

gagor.

to be inter

CHAP.28.

cheese.

Amending

ch. 161,

6 Edm. 300.

Butter and AN ACT to amend chapter one hundred and sixty-one of the

laws of eighteen hundred and seventy-six, entitled "An act to amend chapter five hundred and sixty-three of the laws of eighteen hundred and sixty-nine, entitled 'An act to amend an act entitled 'An act to protect butter and cheese manufacturers, passed May second, eighteen hundred and sixty-four.”

PASSED May 9, 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 one hundred and sixty-one of Laws 1876,

the laws of eighteen hundred and seventy-six, entitled “An act to ante, p. 288. amend chapter five hundred and sixty-three of the laws of eighteen

hundred and sixty-nine, entitled “An act to amend an act entitled

An act to protect butter and cheese manufacturers,' passed May second, eighteen hundred and sixty-four," is hereby amended so as to

read as follows: 7 Edm. 457.

$ 1. Section one of chapter five hundred and sixty-three of the laws of eighteen hundred and sixty-nine, entitled “ An act to amend an act entitled an act to protect butter and cheese manufacturers, passed May second, eighteen hundred and sixty-four” is hereby amended so as to read as follows:

§ 1. Section one of chapter five hundred and eighteen of the laws of eighteen hundred and sixty-four, entitled “An act to protect butter and cheese manufacturers," is hereby further amended so as to read as

follows: Diluted § 1. Whoever shall with intent to defraud, sell, supply or bring to and adul- be manufactured to any butter or cheese manufactory in this state,

any milk diluted with water, or in any way adulterated, uneleanly or impure, or milk from which any cream has been taken, or milk commonly known as skimmed milk, or whoever shall keep back any part of the milk known as “strippings,” or whoever shall knowingly bring or supply milk to any butter or cheese manufactory that is tainted or partly sour, or whoever shall knowingly bring or supply to any butter or cheese manufactory milk drawn from cows within tifteen days before parturition, or within three days after parturition, or any butter or cheese manufacturers who shall knowingly use or allow any of his or her employees, or any other person to use for his or her benefit or for their own individual benefit, any milk or cream from the milk brought to said butter or cheese manufacturer without the consent of all the owners thereof, or any butter or cheese manufacturer who shall refuse or neglect to keep, or cause to be kept, a correct account (open to the inspection of any one furnishing milk to such manufacturer) of the amount of milk daily received, or of the number of pounds of butter, and the number and aggregate weight of cheese made each day, of the number cut or otherwise disposed of, and the

weight of each, shall for each and every offense forfeit and pay a sum Penalty. not less than twenty-five dollars, nor more than one hundred dol

lars with costs of suit, to be sued for in any court of competent jurisdiction for the benefit of the person or persons, firm or association,

milk.

corporation, or their assigns upon whom such fraud or neglect shall be committed.

§ 2. All acts or parts of acts inconsistent with this act are hereby repealed. $ 3. This act shall take effect immediately.

See Verona Cheese Co. v. Murtaugh, 50 N. Y. 314.

ors.

CHAP.289. AN ACT to amend section twenty-eight, chapter four hundred Supervis

and eighty-two of the laws of eighteen hundred and seventyfive, entitled “ An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors.”

PASSED May 9, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

§ 1. Section twenty-eight, of chapter four hundred and eighty-two: Laws 185, of the laws of eighteen hundred and seventy-five, is hereby amended ch, 482, so as to read as follows:

ante, p. 156 $ 28. To authorize boards of trustees or of education in any union School free school districts, or trustees of common school districts, established in conformity to the general or to any special law of the state, on the application of a majority of the taxable inhabitants of the district, voting on the question at a duly called meeting, to sell or exchange real estate belonging to the district, for the purpose of improving or changing school house sites, and to increase or diminish the number of members of said boards.

§ 2. This act shall take effect immediately.

property.

CHAP. 245.

AN ACT to amend article five of title one, chapter sixteen of Highways.

part first of the Revised Statutes.

Passed May 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. Section one hundred and three of title one, article five Amending of chapter sixteen of part first of the Revised Statutes, is hereby i Edm. 48i. amended so as to read as follows:

Encroach§ 103. In every case where a highway shall have been laid out or 14 Wend. ascertained, described and entered of record in the town clerk's office, Johns. 359; and all roads not recorded, which have been or shall have been used 10 Hun, 405 as public highways for twenty years or more, and the same have been Wend: or shall be obstructed in any manner or encroached upon by fences or 0. 72596.

ments.

otherwise, the commissioner or commissioners of highways of the town shall, if in his or their opinion it be deemed necessary, order such obstructions or encroachments to be removed, so that such highway may be of breadth originally intended. The commissioner or commissioners making the order shall cause the same to be reduced to writing and signed, and shall also give notice in writing to the occupant or owner of the land to remove such obstructions or encroachments within sixty days. Every such order and notice shall specify the breadth of the road originally intended, the extent of the obstruction or encroachment, and the place or places where the same shall be.

§ 2. Section one hundred and four is hereby amended so as to read as follows:

$ 104. If such removal shall not be made within the time above mentioned, the said commissioner or commissioners may summarily remove or cause to be removed, such obstructions or encroachments, and the owner or occupant of the premises to whom the notice shalí be given, shall pay to such commissioner or commissioners all reasonable charges therefor, and shall forfeit the sum of fifty cents for each day that such obstruction or encroachments shall remain unremoved after the expiration of the time mentioned in said notice, which shall be collected by suit in justice's court, and shall be applied to the improvement of the roads and bridges of said town. 8 3. This act shall take effect immediately.

The amendment of $ 103 settles a question raised in 36 Barb. 488.

Penalty. 17 Barb. 480.

CHAP 248.

School dis- AN ACT in relation to the election of officers in certain school trict offi

districts.

cers.

PASSED May 13, 1878; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Election

SECTION 1. In all school districts in this state in which the number by ballot.

of children of school age exceeds three hundred, as shown by the last annual report of the trustees to the school commissioner, all district officers, except the treasurer and collector of union free school dis

tricts, shall be elected by ballot. Election when and

§ 2. Such election shall be held on the second Wednesday of Octowhere to

ber in each year, between the hours of ten o'clock in the forenoon

and two o'clock in the afternoon at the principal school-house in the Notice.

district, or at such other suitable place as the trustees may designate. Amended

When the place of holding such election is other than at the principost, p.787. pal school-house, the trustees shall give notice thereof, by publication

of such notice at least one week before the time of holding such election, in some newspaper published in the district, or by posting the

same in three conspicuous places in the district. Inspect- § 3. The trustees or board of education, or such of them as may

be present, shall act as inspectors of election, and immediately after the close of the polls shall proceed to canvass the votes and declare the result. If any such district shall have but one trustee, the dis

be held.

ors.

.

trict clerk shall be associated with him as inspector. If a majority of the trustees shall not be present at the time for opening the polls, those in attendance may appoint any of the legal voters of the district present, to act as inspectors in place of the absent trustees. If none of the trustees shall be present at the time for opening the polls, the legal voters may choose three of their number to act as inspectors.

$ 4. The trustees shall, at the expense of the district, provide a Ballot box. suitable box in which the ballots shall be deposited as they are received. Such ballots shall contain the names of the person's voted Ballots. for, and shall designate the office for which each one is voted. The ballots may be either written or printed, or partly written and partly printed.

$ 5. The district clerk, or clerk of the board of education, as the Duty of case may be, shall attend the election and record in a book to be

provided for that purpose the name of each elector as he deposits his ballot. When the polls shall have been closed the inspectors shall first count the ballots to see if they tally with the number of names recorded by the clerk. If they exceed that number enough ballots shall be withdrawn to make them correspond. Any clerk who shall neglect or refuse to record the name of a person whose ballot is received by the inspectors, shall be liable to a fine of twenty-five dollars, to be sued for by the supervisor of the town. If the district clerk or clerk of the board of education shall be absent, or shall be unable or shall refuse to act, the trustees, inspectors of election, or board of education shall appoint some person to act in his place.

8 6. If any person offering to vote at any such election shall be Chalchallenged as unqualified by any legal voter, the chairman of the in- lenges. spectors shall require the person so offering to vote to make the following declaration : “I do declare and affirm that I am an actual resident of this school district, and that I am legally qualified to vote at this election.” And every person making sucho declaration shall be permitted to vote ; but if any person shall refuse to make such declaration, his ballot shall not be received by the inspectors. Any person False oath who upon being so challenged shall willfully make a false declaration of his right to vote at such election, shall be deemed guilty of a misdemeanor and punished by imprisonment in the county jail for not less than six months nor more than one year. Any person who shall vote at such election, not being duly qualified, shall, though not challenged, forfeit the sum of ten dollars, to be sued for by the supervisor of the town for the benefit of the school or schools of the district.

8 7. All disputes concerning the validity of any such election, or of Disputes any votes cast thereat, or of any of the acts of the inspectors or clerk, tion, shall be referred to the superintendent of public instruction, whose decision in the matter shall be final. Such superintendent may, in his discretion, order a new election in any district.

$ 8. The persons having the highest number of votes, respectively, declared for the several offices shall be declared elected, and the clerk shall record the declaration of the inspectors. In case two persons shall have an equal number of votes for the same office, the inspectors of election shall immediately choose one of such persons. If the inspectors cannot agree, the clerk shall decide the matter.

8 9. The annual meetings in the several districts shall be held as Annual now provided by law for the purpose of transacting all business except the election of officers.

§ 10. This act shall not apply to cities, or to districts organized un- Whero act der special acts of the legislature.

to apply. The last section amended by L. 1879, ch. 403, and L. 1880, ch. 527. See p. 745, post.

Who to be

elected.

meeting

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