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CHAP 861,

Birds.
AN ACT for the preservation of song and small birds.

PASSED May 26, 1879; three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do

enact as follows: Song birds SECTION 1. No person shall kill, wound, trap, net, snare, catch with bird taid others lime, or with any similar substance, or drug, or in any other manner capture not to be or sell, expose for sale or transport, during the months of April, May, June, caught

July, August September or October, in any year, any bird of song, or any or killed between

linnet, blue-bird, yellow-hammer, yellow-bird, thrush, wood-pecker, cat-bird, March and pewee, swallow, martin, blue-jay, oriole, kildee, snow-bird, grass-bird, grossNovember.

beak, phæbe-bird, humming-bird, black-bird, wren, excepting birds bred in a Robins cage or imported from Europe or the Southern United States. No person shall and kill or expose for sale, or have in his possession after the same has been killed, meadowlarks and

any robin, meadow-lark, or starling, between the first day of January and the starlings. fifteenth day of October, save only when such birds are killed on the premises Excep- of the persons killing, and while they are destroying fruit. This section shall tions.

not apply to any person who shall kill any bird for the purpose of studying its To what habits or history, or having the same stuffed and set up as a specimen. This counties act shall apply only to the counties of New York, Kings, Albany, Richmond applies.

and Rensselaer. Penalty. § 2. Any person violating this act shall be deemed guilty of a misdemeanor,

punishable by imprisonment in the county jail or penitentiary, of not less than five or more than thirty days, and shall also be liable to a penalty of fifty

dollars, to be recovered with costs, by any person suing therefor in his own Distribu- § 3. In all actions for the recovery of penalties under this act, one-half of the penalties. recovery shall belong to the plaintiff, and the remainder shall be paid to the

county treasurer of the county where the offense is committed, except if the offense be committed in the city and county of New York, then said remain

ing half penalty shall be paid to the chamberlain of said city. Repeal. § 4. All acts and parts of acts inconsistent with this act are hereby repealed.

$ 5. This act shall take effect immediately.

name.

CHAP 864.

Super- AN ACT to amend subdivision five of section one of chapter two hunvisors.

dred and fifty-seven of the laws of eighteen hundred and seventy-six, entitled "An act to amend chapter four hundred and eighty-two of the 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 26, 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. Subdivision five of section one of chapter two hundred and fiftych. 257, seven of the laws of eighteen hundred and seventy-six, is hereby amended so Laws 1876.

as to read as follows: Draw and

5. To provide for the care, maintenance, preservation and reparation of any

draw or other bridge (except on the Hudson river below Waterford, and on bridges

the East river or over the waters forming the boundaries of this State) crossing between

a stream which forms at the point of crossing the dividing line of counties or and towns. of towns and the maintenance, care and preservation of which bridge is by law

other

counties

a joint charge on such counties, or on such towns, or on the towns in which such bridge may be situated, and to severally apportion, as such board may deem equitable, the charge and expense for such maintenance care, preservation and reparation on the towns respectively liable therefor, or on the respective counties when liable.

& 2. This act shall take effect immediately. Ante, pp. 156, 294.

CHAP 878.

sentences.

AN ACT to amend chapter four hundred and fifty-one of the State laws of eighteen hundred and seventy-four, entitled "An prisons.

. act to amend the several acts in relation to State prisons.”

PASSED May 27, 1879; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows :
SECTION 1. Section twelve of chapter four hundred and fifty-one of

Amending the laws of eighteen hundred and seventy-four, entitled “ An act to ch. 451 amend the several acts in relation to State prisons," is hereby amended Laws 1874. so as to read as follows:

$ 12. It shall be the duty of the agent and warden of the several CommutaState prisons of this State to require of all able-bodied convicts therein tions of an equal number of faithful hours' labor during such hours as the inspector shall designate, and each convict in good faith performing such day's work, and being in all respects obedient to the rules and regulations of the prison; or, if not able to work, but is faithful and obedient, each shall be allowed two months on each of the first two years; four months on each succeeding year to the fifth year; and five months to each remaining year of the term of his imprisonment; bf commuand provided further, commutation of time earned by a convict for ation. good conduct shall be wholly forfeited up to the time he commits any of the offenses mentioned in section two of chapter four hundred and fifteen of the laws of eighteen hundred and sixty-three, or commits any other act that would amount by law to a misdemeanor; but such shall not be the effect in cases where, without any violence whatever, a rule or rules shall be broken by him, and it is clear that no willfulness or malice was intended ; and the name of no convict who has escaped or attempted to escape, subsequent to the twelfth day of May, eighteen hundred and seventy-four, shall be sent to the governor for the commutation of any part of his sentence by prison officials.

$ 2. This act shall take effect immediately. Ante, vol. 9, pp. 957–8.

companies.

CHAP 37.
AN ACT in relation to telegraph companies.

Telegraph
PASSED May 27, 1879; three fifths being present.
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 owner or the association To receive owning any telegraph line, doing business within this State, to receive dispatches dispatches from and for other telegraph lines and associations, and, on for other payment of their regular charges to individuals, to transmit the same lines. with impartiality and good faith, under the penalty of one hundred

dollars for every neglect or refusal so to do, to be recovered with costs of suit in the name and for the benefit of the person or persons, or association sending or desiring to send such dispatch.

§ 2. All acts and parts of acts inconsistent with this act are hereby repealed.

83. This act shall take effect immediately.

See 7 Abb. N. C. 151 and note ; 18 Hun, 157, as to damages for non-delivery of messages.

CHAP.879.

employees.

of the llenate.

Legislativo AN ACT prescribing the officers and employees that may be

elected, appointed or employed by the senate and assembly, fixing the salary and compensation thereof, and regulating the proceedings of investigating committees, and providing for the payment of the expenses thereof.

PASSED May 27, 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 senate may elect or appoint a clerk, a stenographer, a sergeant-at-arms, a postmaster, who shall also act as assistant sergeant-at-arms, an assistant postmaster, a post-office messenger, a principal doorkeeper and four assistants, one person who shall act as janitor of the senate chamber and its ante-rooms, and one assistant, seven persons to serve as clerks of committees, one of whom shall be designated to serve as clerk to the committee on finance, one to the committee on judiciary, one to the committee on cities, and the remaining four to serve, under the direction of the clerk of the senate, upon the remaining committees of the senate, and ten pages who shall be appointed for the session, by the clerk, and who shall not be under fourteen years of age, and they shall also serve, under the direction of the clerk of the senate, as messengers to committees. The president of the senate may appoint a clerk and messenger, and the clerk of the senate may appoint an assistant clerk, a journal clerk, four deputy clerks, one of whom shall act as assistant engrossing clerk, and also as clerk to the committee on engrossed bills, a librarian, and an assistant librarian, and a superintendent of documents, and three messengers, one of whom shall act as bank messenger.

§ 2. The assembly may elect or appointa clerk, a stenographer, a serAssembly.

geant-at-arms, a postmaster, an assistant postmaster who shall also act as superintendent of the mail and express department, a post-office messenger, a superintendent of documents, a principal doorkeeper who shall also act as assistant sergeant-at-arms, and eight assistant door. keepers, one person who shall perform the duties of janitor of the assembly chamber and its ante-rooms, and one assistant janitor, seven persons to serve as clerks of committees, one of whom shall be designated to serve as clerk to the committee on ways and means, one as clerk to the committee on judiciary, one to the committee on cities, and one as clerk to the committee on railroads, and the remaining three to serve under the direction of the clerk of the assembly, upon the remaining committees of the assembly; three general messengers, one of whom shall act as superintendent of the wrapping department, and twenty pages who shall be appointed by the clerk for the whole session, and who shall not be under fourteen years of age and shall also serve under

the direction of the clerk of the assembly as messengers to committees. The speaker may appoint a clerk and one messenger, the clerk of the assembly may appoint an assistant clerk, a journal clerk and eight deputy clerks, one of whom shall act as one of the assistant engrossing clerks, and also as clerk to the committee on engrossed bills, a librarian and assistant librarian, and three messengers, one of whom shall act as bank messenger.

$ 3. The following compensation shall be paid for the annual ses- Compensasion of the legislature : To the clerks of each house three thousand five hundred dollars, to the assistant clerks and journal clerks each two thousand dollars, to the deputy clerks each fifteen hundred dollars except to the deputy clerk designated to act as clerk to the senate committee on engrossed bills who shall receive nine hundred dollars, to the clerk of the president of the senate six dollars per day, to the speaker's clerk six dollars per day, to the sergeant-at-arms, the librarians and assistant librarians, the postmasters, the assistant postmasters and the principal doorkeepers of the senate and assembly to each of them six dollars per day, to the assistant doorkeepers, the janitors and assistant janitors, the superintendent of documents of the senate and assembly each five dollars per day, to the stenographers fifteen hundred dollars each. The duties of the stenographers shall be to be present at every session of the body for which they are respectively appointed, and to take stenographic notes of the debates in such respective bodies and in the committee of the whole thereof, and to furnish a copy of the same written out in long hand to any member of the body for which he is appointed stenographer as aforesaid. To the clerks of the committees of ways and means and judiciary of the assembly, and the finance and judiciary of the senate seven dollars per day each, and to the clerks of the committees of affairs of cities of the senate and assembly six dollars per day each, and to the clerks of the other committees of each house, each five dollars per day; to the post-office messengers three dollars per day, to the bank messengers of the clerks of the senate and assembly each six dollars per day, to the other messengers each three dollars per day, to the pages each two dollars per day. And the employees of Extra the senate and assembly, whether appointed or elected, shall each be paid the same per diem compensation, respectively for each day of any extra session of the legislature which may be held, as their respective compensation or per diem allowance as established by this section would give per day for every day of the regular session of the legislature of the same year. And the officers and employees of the senate Impeachwho may be designated to attend upon the senate when sitting as a trials. court for the trial of impeachments, or upon the trial of judicial or other officers on the recommendation of the governor, shall be paid the same per diem allowance as for attendance at an extra session of the legislature, as herein provided. And the clerks of the senate and as- Duty of sembly shall annually without compensation revise, mail and send to the members of the legislature previous to the organization thereof the Clerk's Manual, and also within thirty days after the organization of the legislature prepare a statistical list of the members and officers with their boarding-houses. And the post-office messengers shall Post-offie carry the mails for the senate and assembly, and under the direction ger. of the postmasters assist in the duties of the post-office, and the postmasters and assistant postmasters shall perform all the labors in the mail and express departments of their respective houses. And there Indexing shall be paid annually to the clerk of the senate five hundred dollars, etc. and to the clerk of the assembly seven hundred and fifty dollars, for in

tion.

sessions.

vice.

sations

ments.

to com

dexing the journals, bills and documents of the senate and assembly; and hereafter the indices of the journals, bills and documents of the two houses of the legislature shall be made by the clerks of the respect

ive houses instead of by the secretary of the state, as heretofore provided Extra cler- by law. And there shall be paid annually to the clerk of the senate ical ser

five hundred dollars, and to the clerk of the assembly seven hundred and fifty dollars, or so much thereof as may be necessary, for extra clerical services and engrossing, and no extra allowance shall be made to the

officers and employees above named on any pretense whatever. The Compen- compensation and per diem allowance in this section provided for how paid.

shall be paid on the warrant of the comptroller upon the certifi. cate of the speaker for the officers and employees of the assem

bly, and the president of the senate for the officers and employees of Entry of the senate. All appointments made under this act shall be entered on appoint

the journal of the house wherein they are so made; such entry shall

specify the date of the appointment, and the length of time the same is Per diem to be continued. The pay of officers who receive by the provisions of pay when

this act a per diem compensation shall commence at the date of their mence and appointment. No fee or per diem compensation shall be allowed to

any officer of either branch of the legislature for or on account of his attendance upon the opening of the next succeeding session of said body, except to the clerk, journal clerk, speaker's clerk, sergeant-atarms, postmaster, librarian and principal doorkeeper of the senate and assembly, and an assistant doorkeeper and four pages in the senate, and three assistant doorkeepers, two messengers and six pages in the assembly, the presiding officers of the respective houses shall designate which assistant doorkeeper and pages of the senate and which assistant doorkeepers, pages and messengers of the assembly may attend upon the organization of the next legislature, and no other officers of either branch of the legislature shalĩ be allowed to attend upon such organization. Such designation shall be made before the close of the session, and be entered upon the journals of the respective houses. Said officers named in this section who shall serve at the opening of the next session of the legislature as aforesaid, shall receive the same rate of compensation during each day's service, as they were entitled by law to receive for like services at the preceding session of the

legislature. Officers to

$ 4. The president of the senate may designate three officers of the close busi- senate, and the speaker of the assembly may designate three officers

of the assembly, to remain after the adjournment of the legislature to perform duty under the direction of the clerk of each house respect, ively, for a period not exceeding ten days. The officers so designated shall receive the same per diem compensation respectively as they were entitled to receive in their respective offices for the session, the same to be paid by the comptroller on the certificate of the clerk of the house for which they were respectively appointed.

$ 5. No additional officers or employees shall be elected or appointed cers to be by the senate or assembly, except that either house, by a majority vote employed. thereof, may employ a stenographer, for a committee of investigation

or other committee whenever necessary. The president and clerk of the senate are hereby authorized on the part of the senate, and the speaker and clerk of the assembly are hereby authorized on the part of the assembly, to detail any of the officers or employees in their respective houses to perform such duties in addition to those ordinarily performed as they may deem advisable to promote the business of either house.

ness after session.

No additional off

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