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ent of such warehouse, yard, shed, dock, pier, bulkhead, wharf, or other place, specifying the fire or light to be kept, had, or used, the particular purpose for and the place or spot at which the same may be so kept, had, or used, and the particular manner of keeping, having, or using the same.

8 2. Every violation of this act shall be a misdemeanor, triable Penalty before any court of special sessions, having territorial jurisdiction of for violathe place where the offense was committed, but this act shall not apply to steam tugs while transacting their ordinary business, nor to steam fire engines engaged in extinguishing fires.

See L. 1871, ch. 742.

CHAP 88.

surf-bath

ried on.

AN ACT for the protection of human life at public watering Surf and bathing places.

bathing.

PASSED May 19, 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 owners, lessees, proprietors, Life boats or other persons, managing any coast, or other watering-places, within or other the limits and jurisdiction of this state, where surf-bathing is carried to be kept on, and where sarf-bathing privileges and accommodations are fur- where nished to subscribers, or to the general public, for payment, to pro- ing is carvide and maintain throughout the bathing season, in serviceable condition and ready for immediate use, one or more surf or life-boats, or other efficient and equally serviceable life-saving apparatus, for the protection, safety and rescue of bathers; and if any owner, lessee, proprietor, or manager as aforesaid, shall control or use for surfbathing purposes a beach or shore of greater linear extent than three hundred yards, such owner, lessee, proprietor or manager shall provide and maintain, as aforesaid, one such surf or life-boat, or such other efficient and equally serviceable life-saving apparatus for every three hundred linear yards of beach or shore controlled or used by him. The crew of any such life or surf-boat shall consist of not less than two men.

§ 2. Each and every person who shall fail to comply with the pro- Penalty visions of this act shall be deemed guilty of a misdemeanor, and upon for failing

to comply. conviction thereof shall be punished by fine or imprisonment, or both, in the discretion of the court; but such fine shall not exceed two hundred and fifty dollars, nor such imprisonment six months.

$ 3. The bathing season referred to in the first section of this act is Bathing hereby declared to be from the first day of June to and including the season. thirtieth day of September in each and every year.

8 4. This act shall take effect immediately. Ante, p. 449.

CHAP 881.

tendent of

works to

Canals. AN ACT to facilitate the transaction of public business by

authorizing the administration of oaths in matters pertaining to canal business.

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

Assembly, do enact follows : Superin- SECTION 1. The superintendent of public works is hereby authorized public

to designate two clerks in the office of said superintendent in the city

of Albany, and one clerk in the office of each assistant superintendent designate

of public works, on the three divisions of the canals, who shall have zeroaths. power to administer oaths in any county of the State in matters per

taining to canal business only, where oaths now are or may be required by law to be taken; and oaths so taken and subscribed before said cierks shall be of like force and effect as though taken before a notary

public in the county where such oath is administered. Qualifica- § 2. Each clerk so designated shall possess all the qualifications now

required of notaries public, and before entering upon the discharge of the duty created by this act shall file his signature with the auditor of the canal department.

8 3. This act shall take effect immediately.

clerks to adminis

tions.

CHAP.884.

against ships and vessels.

ch.

Demands AN ACT to amend chapter four hundred and eighty-two of

the laws of eighteen hundred and sixty-two, entitled “ An act to provide for the collection of demands against ships and vessels."

PASSED May 19, 1879; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Amending SECTION 1. Section three of chapter four hundred and eighty-two Law's 1862. of the laws of eighteen hundred and sixty-two, entitled "An act to

provide for the collection of demands against ships and vessels," is

hereby amended so as to read as follows: Specifica

$ 3. Such specifications shall be filed in the office of the clerk of the

county in which such debt shall have been contracted, except that to be filed. when such debt shall have been contracted in either of the counties

of New York, Kings or Queens, then such specification shall be filed in the office of the clerk of the city and county of New York; and it shall also be the duty of any and all parties or persons, their heirs. their legal representatives, agents or assigns, after the filing of such specifications in the county clerk's office as in said act provided, in case the vessel is built, used or fitted for the navigation of any of the canals or lakes of this State, to immediately thereafter file or cause to be filed a copy of said specifications in the office of the auditor of the canal department, duly certified by the county clerk, in whose office the original specification shall have been filed.

Ante, vol. 4, pp. 653-4.

tion of

to

lished.

§ 2. Section nine of said act is hereby amended to read as follows: $ 9. The person applying for such warrant shall, within three days Notice of after the issuing thereof, cause a notice to be published once in each isariantes week, for four successive weeks, in some newspaper published in the be pub. county in which such vessel may then be, or, if no newspaper be so published in such county, then in the nearest county in which a newspaper shall be so published, setting forth that such warrant has been issued, the amount of the claim specified therein, the day when such warrant was issued, and that such vessel will be sold for the payment of the claims against her, unless the master, owner or consignee thereof, or some person interested therein, appear and discharge such warrant according to law, within thirty days from the first publication of such notice, and in case the vessel is built, used or fitted for the navigation of any of the canals or lakes of this State, shall also serve a copy of Copy of such notice personally at least ten days before the issuing of the order when to of sale mentioned in section fifteen of the act hereby amended upon all persons who may have filed any claim

or lien upon such ship or claimants vessel, by mortgage or otherwise, in the office of the auditor of the and liencanal department, or the service of such notice may be made at least twenty days before the issuing of said order above mentioned, by leaving a copy of the same at their dwelling-house in charge of some person of suitable age, or by depositing the same in the post-office properly folded and directed to such persons at their respective places of residence and paying the postage thereon.

§ 3. All acts or parts of acts inconsistent with this act are hereby repealed.

Ante, vol. 4, pp. 665-6.

be served on other

ors.

CHAP 886.

AN ACT to enable storage warehousemen to collect their Warecharges upon goods deposited with them by the sale thereof. housemen.

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

SECTION 1. Every warehouse company, or person or persons, engaged when may in the warehouse business, who shall have had in their possession any erty to pay goods, wares or merchandise, by virtue of any agreement or warehouse charges. receipt for the storage of the same on which or any part thereof, there may be due two years' storage, may proceed to sell the same at public auction, and out of the proceeds may retain the charges for storage of said goods, wares and merchandise, and any advances that may have been made thereon by him, and the expense of advertising and sale thereof; but no such sale shall be made until after the giving of a Notico. printed or written notice of such sale, containing a description of the articles to be sold, together with the name of the person or persons storing the same, nor until six months after termination of the time for which such goods were received.

$ 2. The notice required by the last preceding section shall be served Notice, personally, at least four weeks before the time of such sale upon the bow

served. party storing the goods, provided such service can be made with reasonable diligence within the State of New York. If the party storing

Surplus of proceeds, how disposed of.

such goods cannot with reasonable diligence be found within the State of New York, then such notice shall be given by publication once in each week for six successive weeks, before the time of such sale, in a newspaper published at or nearest the place, where such sale is to take place. In the event that the party storing such goods or merchandise shall have parted with the same, and the purchaser shall have notified the warehouseman with his address, such notice shall be given to such person in lieu of the person storing the goods.

$ 3. Such warehouse company, or person or persons, engaged in the warehouse business, shall make an entry in a book kept for that purpose, of the balance or surplus of the proceeds of the sale, if any, and such balance or surplus shall be paid over to such person or persons entitled thereto within thirty days after such sale, and after the expiration of said thirty days, such balance or surplus shall be paid by such warehouse company, or person or persons, engaged in the warehouse business to the county treasurer; or if in the city of New York to the chamberlain of said city, for the use of the poor, unless called for or claimed by the rightful owner within five years after the receipt thereof, and shall at the same time file with said treasurer or chamberlain an affidavit in which shall be stated the name and place of residence, so far as the same are known of the person whose goods or merchandise have been sold, the articles sold, and the prices at which they were sold, the name and residence of the auctioneer making the sale, together with a copy of the notice published and how served, whether by personal service or by mailing, and if not so served, the reason therefor.

§ 4. This act shall take effect immediately.
Ante, vol. 3, p. 667, § 4; vol. 4, p. 462.

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Villages.

Charters not to be void because do not include a mile square of land.

AN ACT in relation to the incorporation of villages.

PASSED May 19, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The charter of no village heretofore incorporated shall be declared in valid because of a failure to include within the boundaries of said village a mile square of land; and all the municipal acts of the trustees or other officers of such village shall be deemed to be valid and binding, and of the same force and effect as if such village corporation had originally included one mile square of land within its boundaries.

82. This act shall take effect immediately.
Ante, vol. 3, p. 789; vol. 7, p. 681 ; post, p. 907.

CHAP 846.

Clinton
State
Prison.

Commis

tion.

AN ACT for the enlargement of the Clinton State prison.

PASSED May 21, 1879 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The speaker of the assembly, the comptroller, the super- Enlargeintendent of State prisons, Wells S. Dickinson and Charles P. Easton ment of are hereby authorized and required, at as early a day as their other sioners. public duties will permit, to prepare and adopt such plans and specifications for the enlargement of the Clinton State prison as shall make provision for the secure confinement of at least twelve hundred prisoners, upon estimates which shall show that the total cost for such enlargement will not exceed the sum of two hundred thousand dollars. Before any portion of the sum hereinafter appropriated shall be Plans and expended, except for the purpose of securing such plans, full detailed poros

specificaplans and specifications for such enlargement shall be made and adopted, in writing, by the commissioners above named, and filed in the office of the secretary of State, and when so filed shall not be altered or departed from in carrying out such enlargement, except upon the concurrent written consent of said commissioners, filed in the office of the secretary of State, which shall fully and distinctly state the extent of such alteration, and the extent to which the expense of such enlargement will be affected thereby, and shall show that such alteration will not carry the total cost of such enlargement beyond the sum of two hundred thousand dollars. This section shall Interpret&be construed as meaning that no part of the sum appropriated in section three of this act, except as hereinafter specified, shall be expended until the contract to complete the work contemplated by this act is absolutely let and the security therefor deposited, or approved by the commissioners. $ 2. The work for such enlargement, and the furnishing of all work to

be let by materials for the same, shall be let, by the commissioners above named, by contract or contracts, and awarded by them to the lowest bona fide and responsible bidder or bidders therefor, in whole or separately, as the interest of the State shall require, after being advertised by them in the State paper, daily, for four weeks consecutively, immediately preceding such letting; the notice for such letting shall state the work to be let, the quality, quantity and kind of materials to be bid for, and the length of time which will be given for the completion of the work or the delivery of the materials, and the amount of security required for the faithful performance of the work. The proposals received by them shall be opened in the presence of each other; and every contract for work or material in pursuance of this act, shall reserve the right to said commissioners to declare the same forfeited whenever, in the judgment of said commissioners, such contract is not being performed in accordance with the terms thereof. The commissioners named in the first section of this act, shall receive no compensation for their services as such, but their reasonable disbursements and expenses, to be audited by the comptroller, shall be allowed and paid.

§ 3. The sum of one hundred thousand dollars is hereby appro- Appropripriated for the purpose of such enlargement, and the necessary

contract.

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