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Corrupt expenditures by municipal oflicers.

tion for

tion.

CHAP. 307. .
AN ACT to provide for the summary investigation of unlaw.

ful or corrupt expenditures by officers of towns or incorpo-
rated villages and for restraining the same.

PASSED May 17, 1879; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Applica

SECTION 1. If twenty-five freeholdors in any town or incorporated

village in the State shall present to any justice of the supreme court investiga

having jurisdiction therein an affidavit subscribed and sworn to by themselves, setting forth that they are freeholders, and have paid taxes on real estate within one year, and that they have cause to believe that

the moneys of such town or incorporated village are being unlawfully Notice.

or corruptly expended, it shall be the duty of such justice, upon ten days' notice to the supervisor or supervisors where there are more than one and the particular disbursing officer if any making the expenditure of such town or the trustees and treasurer of such incorporated village, to make a summary investigation into the financial affairs of such town or incorporated village, as the case may be, and the accounts of such disbursing officers or treasurer as the case may be and at his

discretion he may appoint an expert or experts to make such investiExperts.

gation, and may cause the results thereof to be published in such manner as he may deem proper. It shall be the duty of the supervisor or supervisors and disbursing officer of such town, or the trustees and treasurer of such incorporated village, as the case may be, to obey all

orders of such justice directed to them, for facilitating such investiCupervis- gation, and any refusal or failure by said supervisor or supervisors or

trustees to obey such orders may be punished as for contempt; the

costs incurred in such investigation shall be taxed by said justice, and paid.

paid upon his order by such supervisor or supervisors or trustees, as the case may be, whose expenditures shall be thus investigated, when the facts charged in such affidavit shall be substantially proved by such investigation, and by the freeholders making such affidavit, when

the facts charged therein shall not be proved by such investigation. Restoring $ 2. Upon the said justice becoming satisfied that any of the unlawful expendi- moneys of such town or incorporated village are being unlawfully or

corruptly expended and being appropriated to purposes to which they are not properly applicable or are improvidently squandered or wasted, he shall forth with grant an order restraining and prohibiting such unlawful or corrupt expenditure, appropriation, squandering or waste of such moneys, under penalty for disobedience of fine or imprisonment, or both, in the discretion of the court.

83. This act shall take effect immediately.

Justice Supreme Court to investigate.

Publication of result.

ors, etc.,
to obey
orders.
Costs, how

tures.

CHAP 808,

tion of.

AN ACT relative to the propagation of trout in the streams Trout. of the various counties of this State.

Passed May 17, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. It shall be the duty of the commissioners of fisheries of Propagathe State of New York to examine the streams of water in the various counties of this State, and to take reasonable steps for the propagation of trout in such streams as in their judgment can be rendered more productive.

§ 2. The governor is authorized to appoint a resident of the counties Additional of either Kings, Queens or Suffolk, an additional member of the commissioner of fisheries of the State of New York, and to supply his fisheries. place, should a vacancy occur therein, as provided in chapter tire hundred and sixty-seven of the laws of eighteen hundred and seventy.

8 3. Nothing herein contained shall authorize the expenditure of Expendiany moneys in excess of the appropriation duly made for the purposes tures of the fisheries commission.

Ante, vol. 7, pp. 306, 759.

commissioners of

CHAP. 810.

teries.

used for, not to be

AN ACT to prevent the sale of lands used for cemetery Ceme

purposes.

PASSED May 17, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. No land actually used and occupied for cemetery pur- Lands poses shall be sold under execution or for any tax or assessment, nor shall such tax or assessment be levied, collected or imposed, nor shall sold on it be lawful to mortgage such land or to apply it in payment of debts so long as it shall continue to be used for such cemetery purposes.

gaged. 8 2. Whenever any such land shall cease to be used for cemetery Lien after purposes, any judgment, tax or assessment which, but for the provi- use has sions of this act, would have been levied, collected or imposed, shall, thereupon forth with, together with interest thereon, become and be a lien and charge upon such land and collectible out of the same.

§ 3. The provisions of this act shall not apply to any lands held by Limitathe city of Rochester.

execution or mort

ceased.

8 4. This act shall take effect immediately. Ante, vol. 3, pp. 745, 748-9; vol. 7, p. 468.

tion.

See Lantz v. Buckingham, 11 Abb. Pr. (N. S.) 64; Matter of Evergreen Cemetery, 47 N. Y. 216; Buffalo City Cemetery v. Buffalo, 46 id. 503, 506; Louisville v. Nevin, 19 Am. Rep. 78; S. C., 10 Bush, 549; 8 Abb. N. C. 159, 165.

CHAP 811.

Surrogates courts.

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ch. 285, Laws of 1877.

surrogate.

AN ACT to amend chapter two hundred and eighty-five of

the laws of eighteen hundred and seventy-seven, entitled “An act in relation to certain matters and proceedings in surrogates' courts in cases of disqualification.

PASSED May 17, 1879. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending SECTION 1. Chapter two hundred and eighty-five of the laws of

eighteen bundred and seventy-seven, entitled “ An act in relation to certain matters and proceedings in surrogates' courts in cases of dis

qualification,” is hereby amended so as to read as follows: Disqualifi

§ 1. Where the surrogate of any county, except New York or Kings, cation of is precluded or disqualified from acting with respect to any particular

matter, and if there be no other officer or person authorized and qualified to act therein, the surrogate shall, upon the application of any person interested in such matter, file in his office a certificate stating that fact, and specifying the reason why he is disqualified or precluded, and designating the surrogate of an adjoining county other than New York or Kings, to act in his place in the said matter. And thereupon the surrogate so designated shall have, with respect to said mat. ter, all the jurisdiction and powers which the surrogate making such designation would have had if he had not been disqualified, and may exercise the same in either county, and use the seal of either county; and all depositions, affidavits, petitions, reports, accounts, vouchers and other papers relating to such matter, shaîl be filed in the office of the surrogate of the county in which said matter arose, and all orders, decrees and other papers, which by law must be recorded, shall be recorded in the office of said last-mentioned surrogate.

8 2. This act shall take effect immediately. Ante, p. 415. Ch. 285, L. 1877, was repealed by L. 1880, ch. 245, sec. 1, so bd. 53. post, p. 958. The abovo statute is not expressly repealed ; but see Co. Civ. Proc. sec. 2485.

CIAP. 316.

Disputed wills.

AN ACT to amend chapter two hundred and thirty eight of

the laws of eighteen hundred and fifty-three. entitled An act relative to disputed wills."

ch. 238, Laws of 1853

PASSED May 19, 1879. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Amending

SECTION 1. Section one of chapter two hundred and thirty-eight of the laws of eighteen hundred and fifty-three, entitled “ An act rela

tive to disputed wills,” is hereby amended so as to read as follows: Validity of 8 1. The validity of any actual or alleged devise or will of real

estate may be determined by the supreme court in a proper action for that purpose, in which all persons interested, or who claim an interest in the question, may be made parties, and such action may be brought

wills, how determined.

by any heir at law of the actual or alleged testator or testatrix, or by any devisee under any actual or alleged will; and thereupon after final judgment in such action any party may be enjoined from setting up or from im peaching such devise or will, as justice may require. The court may also, in its discretion, during the pendency of any such action, restrain the commencement or prosecution of any other action involving the trial of the same question. Such adjudication, however, shall not determine nor affect the validity of any such will as to any personal property; nor shall this act or any proceeding taken by virtue thereof affect or interfere with any suit or proceeding in any court of this State relating to the probate of any will. Issues of fact in such actions may be tried by a jury or the court, as the nature of the case may require and the court shall direct.

§ 2. This act shall take effect immediately.

Ante, vol. 4, p. 503, ch. 238 of L. 1853, is repealed by ch. 245, L. 1880. This act is in the same condition as ch. 311, ante. See Co. Civ. Proc., sec. 1866.

CHAP. 817.

tions

for

etc.

AN ACT to authorize the laying of pipes in the streets, ave- Municipal

nues and public places in the various cities, towns and vil- corporalages of this State for heating and other purposes.

Passed May 19, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The municipal authorities of the cities, towns, and villages of the State of New York are hereby authorized and empowered to carry out the provisions of this act.

$ 2. Any corporation or association formed or organized under the Laying act entitled “An act to authorize the formation of corporations for pipes in manufacturing, mining, mechanical or chemical purposes,” passed heating, February seventeenth, eighteen hundred and forty-eight, or under any of the amendments to said act, or under the “ Act to provide for the organization and regulation of certain business corporations,” passed June twenty-first, eighteen hundred and seventy-five, shall have full power to manufacture, furnish and sell such quantities of hot water, hot air, or steam as may be required in the city, town or village where the same shall be located ; and such corporation shall have power to lay pipes or conductors for conducting hot water, hot air, or steam through the streets, avenues, lanes, alleys, squares and highways in such city, village or town, with the consent of the municipal authorities of said city, town or village, and under such reasonable regulations and conditions as they may prescribe ; and whenever any such permission shall be granted, it shall only be upon the condition that reasonable compensation shall be paid therefor, and upon a further condition that a satisfactory bond shall be given to secure the city, town or village against all damages in the use of said pipes. The amount of the compensation, and the manner of its payment, and the amount of the bond shall be first fixed and determined by said municipal authorities before any pipes, as provided for by this act, shall be laid in any city, town or village of this State, and that all such per. missions heretofore given by any of said municipal authorities, where the above terms have been complied with, are hereby confirmed.

$ 3. This act shall take effect immediately.
See ch. 290, ante, p. 757, and note thereto; also ante, p. 222.

2 R. S. 146.

CHAP.821. Divorces. AN ACT to amend article three, title one of chapter eight,

part two of the Revised Statutes, entitled “of divorces dissolving the marriage contract."

PASSED May 19, 1879. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Amendingi SECTION 1. Section forty-nine of article three of title one, of chap

ter eight, of part two of the Revised Statutes, entitled “ of divorces dissolving the marriage contract,” is hereby amended so as to read as fol.

lows: Marriage § 49. Whenever a marriage has been or shall be dissolved pursuant

to the provisions of this article, the complainant may marry again duradultery. ing the life-time of the defendant; but no defendant convicted of

adultery shall marry again until the death of the complainant, unless the court in which the judgment of divorce was rendered shall in that respect modify such judgment, which modification shall only be made upon satisfactory proof that the complainant has remarried, that five years have elapsed since the decree of divorce was rendered, and that the conduct of the defendant since the dissolution of said marriage has been uniformly good.

$ 2. This act shall take effect immediately.

after divorce for

The above act is a duplicate of ch. 164, ante, except the addition of the words “has been or" in the first line of "$ 49." See ante, p. 723, and note.

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tions.

Conflagra- AN ACT to prevent conflagrations in certain cases within the counties of New York, Kings and Queens.

PASSED May 19, 1879. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Lighted

SECTION 1. It shall be unlawful for the owner, or for any of the match,

officers, employees, or crew of any ship, vessel, canal boat, barge, lighter, boat or other craft lying at or within one hundred and fifty feet of any warehouse, yard, shed, dock, pier, bulkhead, wharf, or

other place, within the counties of New York, Kings or Queens, at, Within 150 in, or on which petroleum oil, or any of its products, is stored or

kept for export, or in quantities exceeding ten thousand gallons; or houses, for any other person or persons to bring, keep, have, or use or suffer petroleum or permit to be brought, kept, had, or used on board of any such ship,

vessel, canal boat, barge, lighter, boat, or other craft, or at, in, or on permis- any such warehouse, shed, yard, dock, pier, bulkbead, wbarf, or other

place, any lighted match, or lighted cigar, cigarette or pipe, or any fire or light of any kind without, or otherwise than in strict conformity to the written permission of the owner, lessee, or superintend

cigars, etc. not to be brought or used on any ves

feet of ware

is stored without

sion.

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