Penalty. 17 Barb. 480. 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 shall 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. § 3. This act shall take effect immediately. The amendment of § 103 settles a question raised in 36 Barb. 488. CHAP. 248. School dis- AN ACT in relation to the election of officers in certain school trict officers. Election by ballot. Election when and where to be held. Notice. by L. 1879, ch. 405, Inspect ors. districts. 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. In all school districts in this state in which the number 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 districts, shall be elected by ballot. § 2. Such election shall be held on the second Wednesday of October 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 district, or at such other suitable place as the trustees may designate. When the place of holding such election is other than at the principal 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. §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 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 persons 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. clerk. § 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. § 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 such 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. as to elec § 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. Who to be § 8. The persons having the highest number of votes, respectively, declared for the several offices shall be declared elected, and the clerk shall re- elected. cord 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. § 9. The annual meetings in the several districts shall be held as now provided by law for the purpose of transacting all business except the election of officers. Annual meeting. 10. This act shall not apply to cities, or to districts organized un- Where act der special acts of the legislature. The last section amended by L. 1879, ch. 405, and L. 1880, ch. 527. See p. 745, post. to apply. CHAP. 249. tion of Incorpora- AN ACT to amend chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages." villages. Amending Laws 1870, ch. 291. 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. Subdivision three, of section three, of title three, of chapter two hundred and ninety-one, of the laws of eighteen hundred 7 Edm. 681. and seventy, being an act entitled "An act for the incorporation of villages," is hereby amended so as to read as follows: Police. not to make charges in criminal proceedings. 3. To establish and maintain a police, and prescribe their powers Constables and duties; and it shall not be lawful for any constable of the town or county in which any village incorporated under this act is situate, who shall hereafter be elected or appointed to make any charge against such village or the town or county in which the same is situate, for services rendered in or respecting any criminal arrests or proceedings before magistrates or courts of special sessions cases, trials or examinations in such village, where the subject matter thereof arose in such village, after the establishment and during the maintenance of a police in such village under this act. But no constable shall be required to perform any service for which he is herein prohibited from making a charge and to erect or procure or maintain a lock-up, or designate a place for the detention of persons arrested under this act, or under any by-law, rule or ordinance, and to confine said persons therein. 2. This act shall take effect immediately. CHAP. 251. AN ACT to regulate the election of permanent members of the medical society of the state of New York. PASSED May 13, 1878. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be lawful for the medical society of the state of New York, to hereafter elect, annually, from each of the eight senatorial districts of this state, as said districts were established by the laws of eighteen hundred and thirty-six, permanent members, in the proportion of one permanent member to every eight delegates from the county societies, to which the district may be entitled, and one permanent member for every additional fraction of one-half or more of such number, provided that all permanent members so elected shall at the time of their election be residents of the districts which are credited with them, and shall be in good standing as sctive members of their county societies. § 2. All elections of permanent members of said society, had during the years eighteen hundred and seventy-seven and eighteen hundred and seventy-eight, are hereby legalized, confirmed and declared valid. § 3. Nothing in this act contained shall affect the rights of any party to any suit or proceeding commenced prior to the passage of this act. §4. Chapter eight of the laws of eighteen hundred and forty-five, Laws 1945, entitled "An act to amend an act to incorporate medical societies for ch.8, rethe purpose of regulating the practice of physic and surgery in this Ante,vol. 3, state, passed April tenth, eighteen hundred and thirteen," is hereby repealed. § 5. This act shall take effect immediately. pealed. p. 716. CHAP. 253. AN ACT relating to the term of office of the supervisors of the counties of Albany, Livingston, Rensselaer and Mon roe. PASSED May 14, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ors. SECTION 1. The supervisors of the several towns and wards in cities, Supervisin the counties of Albany, Livingston, Rensselaer and Monroe, to be hereafter elected, shall be elected and hold office for a term of two years. § 2. All acts or parts of acts inconsistent with this act are hereby repealed, so far as the same apply to the counties of Albany, Livingston, Rensselaer and Monroe. 3. This act shall take effect at the first election in eighteen hundred and seventy-nine. Monroe county was exempted from the operation of this act by L. 1879, ch. 48. CHAP. 255. AN ACT in relation to the payment of assessments for local improvements in the city of New York. PASSED May 14, 1878; three-fifths being present, The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. At any time within two years after the passage of this act, any person liable therefor may pay to the officer authorized to receive the same the amount of any assessment for any local improvement in the city of New York heretofore confirmed and now unpaid, with interest thereon at the rate of eight per cent from the date of confirmation. Payment of past ments. Installments. § 2. Where any installment or installments of any assessments have been paid under the provisions of chapter one hundred and three of the laws of eighteen hundred and seventy-six, or of chapter one hundred and fifty-nine of the laws of eighteen hundred and seventy seven, the amount of such assessment or assessments remaining unpaid may be paid within the time aforesaid, with interest thereon at the rate of eight per cent from the date of confirmation. When to § 3. Upon such payment in full as herein before provided, such assessment or assessments shall cease to be a lien upon the property, and shall be deemed fully paid. satisfied and discharged, and there shall be no further interest or penalty by reason of such assessment or assessments not having been paid within the time heretofore required by law, or by reason of any statute heretofore requiring the payment of any penalty or interest over the rate of eight per cent per annum upon any unpaid assessment. cease to be a lien. Construction. § 4. No provision of this act shall be construed as applicable to or affecting any assessment for the collection of which assessment the property has been sold. 5. This act shall take effect immediately. Coroners of New York. Salary. sicians to spection and autopsy. CHAP. 256. AN ACT relating to the coroners of the city and county of PASSED May 15, 1878; three-fifths being present. SECTION 1. Each of the coroners of the city and county of New York, hereafter elected as provided by law, shall be paid in full satisfaction for his services a yearly salary of five thousand dollars, and shall be allowed for contingent expenses, including clerk and office hire, and all other incidental expenses, a sum not to exceed two thousand dollars per annum, which contingent and incidental expenses shall be audited and paid as the contingent and incidental expenses of other officers of the said city and county are audited and paid; and said salary and allowance shall be in lieu of all his fees or compensation heretofore a charge upon the county of New York or the mayor, aldermen and commonalty of the city of New York. What phy- § 2. In all cases where the coroners of said city and county are anmake in thorized to issue a subpoena to a qualified physician to view the body of a person deceased, or make an autopsy thereon, as may be required, the subpoena of the coroner shall hereafter be issued only to one of the physicians appointed, as in this statute directed, and it shall be the duty of the physician to whom such subpoena is so issued, to make the inspection and autopsy required, and to give evidence in relation thereto at the coroners request. Coroners' physi cians. § 3. The board of coroners of the city of New York shall, within five days after the passage of this act, by a writing filed in their office and published in the City Record, appoint four qualified physicians who shall be residents in said city, to perform the duties in the preced |
