inapplicable to insurance companies doing business under and in conformity with this act. § 6. This act shall take effect immediately. See General Laws, 1874, p. 68. Supervi sors. Amending Laws 1875, ante, . 156. ch. 482, Town meetings. CHAP. 285. AN ACT to amend chapter four hundred and eighty-two, laws of eighteen hundred and seventy-five, 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 21, 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 twenty-six of section one of chapter four hundred and eighty-two, laws of eighteen hundred and seventy-five, entitled "An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors," is hereby amended so as to read as follows: 26. Upon the application of any town duly made by the vote of any annual town meeting, to authorize the annual town meetings in such town to be held by election districts, and to prescribe the manner in which the town business shall be conducted in such districts and the results ascertained and recorded. Provided, however, that whenever the electors of any town in which town meetings are held by election districts shall, by a vote of the majority of the electors of such town, voting at an annual town meeting, declare in favor of a return to the former system of holding one poll at town meetings; it shall then be the duty of the board of supervisors, upon being furnished with an official copy of such action of said electors, to restore the former system of holding one poll only at town meetings therein but such change shall not be made oftener than once in five years. § 2. This act shall take effect immediately. CHAP. 286. Coroners. AN ACT to amend chapter eight hundred and thirty-three of the laws of eighteen hundred and seventy-three, entitled "An act to regulate the fees of coroners." PASSED May 21, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Amending SECTION 1. Chapter eight hundred and thirty-three of the laws of ch. 833. eighteen hundred and seventy-three, entitled " An act to regulate the Laws 1873, 9 Edm. 781. fees of coroners," is hereby amended by the insertion of a new section immediately after the third section, as follows: § 4. The fees of jurors necessarily summoned upon any coroner's Fees of inquest shall be not to exceed one dollar for each day's service, shall jurors. be a county charge and shall be audited and allowed by the boards of supervisors in the same manner as other fees and charges mentioned in this act. But the coroner holding such inquest and summoning Report of said jurors, shall make report to the next succeeding board of supervisors after every such inquest of the names of such jurors and the term of service of each, and upon what inquest rendered, on or before the third day of the annual session in each year. § 2. Sections four, five and six of said act are hereby numbered respectively, sections five, six and seven. § 3. This act shall take effect immediately. coroner. CHAP. 287. AN ACT in relation to auctioneers. PASSED May 21, 1878; three-fifths being present. Auctioneers. The People of the State of New York represented in Senate and As sembly, do enact as follows: need SECTION 1. It shall not be necessary for any auctioneer, of this state, of farm whose auction business is confined to the sale of farm property, and property other personal property, sold upon farms and property which may be give bond. owned by any person residing in any of the towns and villages in this state and which has not been purchased for the purpose of a sale at auction upon which duties are required to be paid to the comptroller under the laws of this state, to execute the bond now required by law to be executed by auctioneers. Nor shall it be necessary for any such Nor render auctioneer to render the semi-annual account now required by law, to semibe rendered to the comptroller, by auctioneers engaged in the sale account. of goods, wares, merchandise and effects, the growth or produce of any foreign country. 2. This act shall take effect immediately. annual CHAP. 288. AN ACT to amend title six, chapter one, part four, section Amending two of the Revised Statutes, entitled "Of offenses punish- R. S. 690. able by imprisonment in a county jail and by fine." PASSED May 21, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 2 Edm. 712. SECTION 1. Section two* of title six, chapter one, part four, section Attempts two* of the Revised Statutes, entitled "Of offenses punishable by im- to extort. So in the original. Attempts to extort. prisonment in a county jail and by fine," is amended so as to read as follows: § 2. Every person who shall, either verbally or by written or printed communication, threaten to accuse another of any offense, or shall threaten to communicate, or to publish, or in any manner to use information or documents or statements that are alleged to be injurious to the personal reputation or to the business standing of any other person, with intent by any such threatening to extort any property or to derive any pecuniary or valuable benefit whatever to the person making such threat, or to any other person or persons, shall, upon conviction, be adjudged guilty of a misdemeanor, and punished as hereinafter prescribed. § 2. This act shall take effect immediately. CHAP. 290. Evidence. AN ACT to facilitate the making proofs of imprisonment and discharge from state prison upon a trial for second offense. Certificate of warden of state prison. Comptroller may compromise old judgments. PASSED May 21, 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 certificate of the warden or other chief officer of any state prison, under the seal of his office, containing name of person, a statement of the court in which conviction was had, the date and term of sentence, length of time imprisoned, and date of discharge from prison, shall be prima facie evidence on the trial of any person for a second or subsequent offense, of the imprisonment and the discharge of such person, either by pardon or expiration of his sentence (as the case may be) under the conviction stated and set forth in such certificate. But such certificate shall not in any other case, be evidence of such imprisonment and discharge. § 2. This act shall take effect immediately. CHAP. 291. AN ACT to authorize the comptroller to compromise and settle old judgments and contract debts. PASSED May 21, 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 comptroller of this state is hereby authorized and empowered, with the approval of the attorney-general, to compromise, compound, settle, discharge and release any judgment or contract debt not in judgment against an individual or corporation, in favor of the state, in cases where more than ten years have now elapsed since the recovery of such judgment or the contraction of such debt, upon such terms as the comptroller and attorney-general may deem best for the interests of the state. § 2. This act shall take effect immediately. CHAP. 292. AN ACT to amend section thirty-seven of title one of chapter Ejectfive, part third of the Revised Statutes. PASSED May 21, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ment. 2 R. S. 309. how SECTION 1. Section thirty-seven of title one, chapter five, part third Amending of the Revised Statutes, is hereby amended so as to read as follows: 2 Edm. 318. § 37. The court in which such judgment shall be rendered at any New trial, time within three years thereafter, upon the application of the party granted. against whom the same was rendered, his heirs and assigns, and upon payment of all costs and damages recovered thereby (excepting mesne profits or damages for the withholding of the premises), shall vacate such judgment, and grant a new trial in such cause. And the court upon subsequent application, made within two years after the rendering of the second judgment in said cause, if satisfied that justice will be thereby promoted, and the rights of the parties more satisfactorily ascertained and established, may vacate the judgment and grant another new trial. But no more than two new trials shall be granted under this section. § 2. This act shall take effect immediately. Repealed by L. 1880, ch. 245. See Co. Civ. Proc., § 1525. CHAP. 298. AN ACT to legalize the acts of surrogates and officers acting as such, in granting letters of administration, and to provide for the issuing of such letters in certain cases. PASSED May 21, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: acts of SECTION 1. The acts of any and all surrogates and other officers Validating lawfully acting as such, in granting letters of administration upon certain petition verified before any person authorized to administer oaths, are surrohereby made and declared to be as legal, and of the same force and gates. effect, as if such oath or affirmation had been administered by the surrogate, and an examination of the applicant had been personally made by the surrogate or person acting as such, granting such letters of administration. Surrogate may grant Jetters of adminis tration on petition verified before magistrate. § 2. A surrogate or other officer lawfully acting as such may, in his discretion, grant letters of administration, upon a petition duly verified before any magistrate or officer duly authorized to administer oaths, without a personal examination of the person so applying. This act shall not apply to or affect any action or proceeding now pending. § 3. This act shall take effect immediately. Sec. 2 repealed by L. 1880, ch. 245. See Co. Civ. Proc., §§ 2533, 2534, and 2666. Powers of attorney of married women. CHAP. 300. AN ACT relating to powers of attorney by married women. The People of the State of New York, represented in Senate and SECTION 1. Any married woman being a resident of this state, and of the age of twenty-one years or more, may execute, acknowledge and deliver her power of attorney with like force and effect and in the same manner as if she were a single woman. § 2. This act shall take effect immediately. Official seals. CHAP. 301. AN ACT to authorize the attorney-general, the superintendent of public works, the superintendent of state prisons, and state treasurer to have official seals. PASSED May 21, 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, the superintendent of public works, the superintendent of state prisons and state treasurer are each hereby authorized to adopt and procure an official seal, with suitable devices and inscription. A description of such seal, with an impression thereof and a certificate of approval of the same by the governor, shall be filed as required by law in the office of the secretary of state, and from the date of such filing shall be the official seal of the respective offices so adopting them, and may be renewed when necessary. § 2. This act shall take effect immediately. |
