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CHAP. 64.

AN ACT in relation to the incorporation of villages.

PASSED March 15, 1880; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Villages.

SECTION 1. The charter of no village heretofore incorporated shall be de- Boundaclared invalid because of a failure to include within the boundaries of said ries. village a mile square of land; and all the municipal acts of the trustees of 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.

§ 2. This act shall take effect immediately.

See ch. 337, L. 1879, ante, p 770.

CHAP. 67.

AN ACT to amend the Code of Civil Procedure.

PASSED March 18, 1880; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Code of Civil Procedure.

SECTION 1. Subdivision two of section one thousand and eighty-one of Amending "The Code of Civil Procedure " is hereby amended so as to read as follows:

Code of
Civil Pro-

2. A practicing physician, surgeon, or surgeon dentist having patients re- cedure. quiring his daily professional attention, and not following any other calling, cians, surPhysiand a licensed pharmaceutist or pharmacist while actually engaged in his pro- geons,

fession as a means of livelihood.

§ 2. This act shall take effect immediately.

The amendment adds all after the word "calling."

CHAP. 72.

dentists.

and ped

AN ACT to amend section one, title four, chapter seventeen, part one Hawkers of the Revised Statutes, relating to the licensing of hawkers and dlers. peddlers.

PASSED March 20, 1880; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one, title four, chapter seventeen, part one of the Revised Amending Statutes, is hereby amended so as to read as follows:

ch. 17.

Rev'sed

§ 1. No person shall be authorized to travel from place to place within this Statutes. State for the purpose of carrying to sell, or exposing for sale, any goods, wares 1 Edm. 533. or merchandise of the growth, produce or manufacture of any foreign country other than family groceries and provisions, unless he shall have obtained a license as a hawker and peddler in the manner hereinafter directed.

§ 2. This act shall take effect immediately.

The amendment inserts the words, "other than family groceries or provisions."

CHAP. 76.

acts to

AN ACT to amend section one of chapter two hundred and twelve of the Distribu laws of eighteen hundred and seventy-nine, entitled "An act to provide for tion of the distribution of the acts passed by the legislature to town clerks' offices." town PASSED March 23, 1880; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

clerks.

SECTION 1. Section one of chapter two hundred and twelve of the Amending laws of eighteen hundred and seventy-nine, entitled "An act to pro- Laws 1879.

ch. 212,

Secretary

of State to

mail printed slips of

acts to town clerks'.

vide for the distribution of the acts passed by the legislature to town clerks' offices," is hereby amended so as to read as follows:

§ 1. It shall be the duty of the secretary of State to forward by mail, or by express, to the clerks of each of the counties of this State a sufficient number of printed slips of the acts passed by the legislature at each session, as soon as approved by the governor, to supply the clerk of each town and incorporated village in their respective counties with one copy thereof.

§ 2. This act shall take effect immediately.

Ante, p. 735.

CHAP. 80.

tion of

State tax.

Equaliza- AN ACT to amend chapter three hundred and fifty-one of the laws of eighteen hundred and seventy-four, entitled "An act to amend chapter three hundred and twelve of the laws of eighteen hundred and fifty-nine, entitled 'An act to equalize the State tax among the several counties in the State, and to amend chapter three hundred and twenty-seven of the laws of eighteen hundred and seventy-three, amendatory thereof.'

Amending § 15, ch.312,

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PASSED March 26, 1880; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section fifteen of chapter three hundred and twelve of Laws 1859. the laws of eighteen hundred and fifty-nine, entitled "An act to equalize the State tax among the several counties in the State," being a section added to said act by chapter three hundred and twenty-seven of the laws of eighteen hundred and seventy-three, and amended by chapter three hundred and fifty-one of the laws of eighteen hundred and seventy-four, is hereby amended so as to read as follows:

Costs and expenses of appeal charge on

§ 15. Whenever any appeal so made shall not be sustained, the costs and expenses arising therefrom, and connected therewith, shall be a appellant. charge upon the town, city or ward so appealing, which shall be audited by the board of supervisors, and levied upon the taxable property of said town, city or ward; and whenever any appeal so made shall be sustained, the State assessors shall certify the reasonable costs and expenses arising therefrom and connected therewith, on the part of the appellant and respondent, and such amounts so certified shall be audited by the board of supervisors and levied and collected from all the towns and cities of the county in the assessment and collection of taxes for the current year, excepting those towns and cities in which such appeal was sustained; and whenever more than one town or city in a county shall have appealed, some of which are sustained and some dismissed, it shall be the duty of the State assessors to decide what portion of the costs and expenses shall be borne by the town or towns, city or cities, in which such appeal was dismissed.

Amending § 5, ch. 351,

2. Section five of said chapter three hundred and fifty-one of the Laws 1874. laws of eighteen hundred and seventy-four is hereby amended so as to

read as follows:

§ 5. All appeals that shall be hereafter brought under the provisions

State asses

comp

of the acts hereby amended shall be to the State assessors instead of Appeals to the comptroller, and as to such and all appeals pending under said sors inact upon the hearing of which the comptroller has not entered, the stead of State assessors are vested with, and shall exercise, all the powers and troller. discharge all the duties that by said act and the amendments thereof are vested in or imposed upon the comptroller, in lieu of said comptroller; and when any appeal shall hereafter be brought, a notice of such appeal shall be served on the State assessors by filing the same in the office of the secretary of State, within ten days after the final completion of the corrected assessment rolls by the board of supervisors, and such notice shall also be served on the chairman of said board of supervisors within the same time.

3. The provisions of this act shall apply to all appeals pending and undetermined at the time of its passage.

4. This act shall take effect immediately. Ante, vol. 9, pp. 596 and 902; vol. 3, p. 376.

CHAP. 85.

ment to

AN ACT supplemental to chapter forty of the laws of eigh- Suppleteen hundred and forty-eight, entitled "An act to authorize ch 40. the formation of corporations for manufacturing, mining, forma mechanical or chemical purposes, " and the amendments tion of

made thereto.

PASSED March 31, 1880.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Laws 1848,

com

panies.

water com

SECTION 1. Any three or more persons may organize and form Organizathemselves into a corporation in the manner specified and required in tion of and by the act entitled "An act to authorize the formation of cor- panies. porations for manufacturing, mining, mechanical or chemical purposes," passed February seventeenth, eighteen hundred and forty-eight, and the amendments thereof and supplements thereto, for the purpose of accumulating, storing, conducting, selling, furnishing and supplying water for mining, domestic, manufacturing, municipal and agricultural purposes, and may acquire, take, hold, lease and convey lands and water power suitable for those purposes.

pany and holders.

§ 2. Every corporation so formed and the stockholders thereof shall Liability of be subject to all the provisions, duties and obligations contained in com the above-mentioned act, and shall be entitled to all the benefits and stockprivileges thereby conferred, except that such corporations shall not be confined in their operations to the county in which their certificate shall be filed.

may con

ness autho

§ 3. It shall and may be lawful for any corporation heretofore incor- Mining porated for mining purposes, under the act mentioned in the first companies section of this act, to conduct the business for which the formation duct busiof corporations is authorized by said first section; provided the inten- rized by tion so to do shall be specified among the objects for which such corporation is formed in its certificate of incorporation.

§ 4. It shall and may be lawful for any corporation heretofore incorporated for mining purposes, under chapter forty of the laws of eighteen hundred and forty-eight, entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or

first section.

chemical purposes," or under any amendment of or supplement to the said acts, to conduct the business for which the formation of corporations is authorized by this act; provided a certificate signed and acknowledged by a majority of the trustees of the said corporation But must shall be filed in the office of the clerk of the county where the original certificate of incorporation was filed, and a certified copy thereof in the office of the secretary of State, stating that the said corporation intends to avail itself of the provisions of this act, and to carry on the business provided for in this act in addition to the business specified in the said original certificate of incorporation.

cate of

such intention.

Does not apply to certain counties.

§ 5. No corporation shall be formed under this act for the purpose of accumulating, storing, conducting, selling, furnishing and supplying water for domestic or municipal purposes in the cities of New York, Buffalo, Rochester and Kingston, or either of them. § 6. This act shall take effect immediately.

Ante, vol. 3, p. 733.

CHAP. 86.

executive officers.

Duties of AN ACT to amend chapter eight of part first of the Revised Statutes, entitled "Of the duties of the executive officers of the State, and of various matters connected with their respective departments."

Amending § 4. tit. 1,

ch. 8, pt. 1, R. S.

1 Edm. 163.

PASSED March 31, 1880; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section four of title one of chapter eight of part first of the Revised Statutes, entitled "Of the duties of the executive officers of the State, and of various matters connected with their respective departments," is hereby amended so as to read as follows: § 4. The governor shall have the custody of the privy seal, of which privy seal. description in writing has been deposited and recorded in the secretary's office, and which shall be and continue the privy seal of this State.

Custody of

Custody of great seal

etc., and preservation and arrangement.

§ 2. Section one of title two of said chapter is hereby amended so as to read as follows:

§ 1. The secretary of State shall have the custody of all the books, and books, records, deeds, parchments, maps and papers now deposited, or that may hereafter be deposited or kept in his office, and shall, from time to time, make such provision for the arrangement and preservation thereof as he may deem necessary, and shall also have the custody of 1 Edm. 166. the great seal, of which description in writing has been deposited and recorded in the secretary's office, and which shall be and continue the great seal of this State.

*

§ 2. This act shall take effect immediately.

The amendments made by this act transfer the custody of the great seal from the Governor to the Secretary of State.

*So in the original.

CHAP. 90.

compan

AN ACT to authorize the police department or board of police Telegraph of any city to appoint policemen of district telegraph com- fo panies.

PASSED April 2, 1880; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

may

special

SECTION 1. The police department or board of police of any city is Police dehereby authorized, in addition to the police force now authorized by partment law, to appoint a number of persons, not exceeding two hundred, who appoint may be designated by any company which may be operating a system officers. of signaling by telegraph to a central office for police assistance, to act as special patrolman in connection with such telegraphic system. And the persons so appointed shall, in and about such service, have all the powers possessed by the members of the regular force, except as may be limited by and subject to the supervision and control of the police department or board of police of said city.

§ 2. No person shall be appointed as a special patrolman under this Qualifica act, who does not possess the qualifications which may be required by cations. such police department or board of police for said special service; and the persons so appointed shall be subject, in case of emergency, to do duty as a part of the regular police force of such city. The police department or board of police shall have power to revoke any such appointment or appointments at any time, and every person so appointed shall wear a badge and uniform, to be furnished by such company and approved by the police department or board of police. Such uniform shall be designated at the time of the first appointment under this act, and shall be the permanent uniform to be worn by said special police. §3. The pay of such special patrolmen and all expenses connected Compensa with their service shall be wholly paid by such company or companies, tion. and no expense or liability shall at any time be incurred or paid by the police department or board of police of any city for, or by reason of, the services of the persons so as aforesaid appointed.

§ 4. This act shall take effect immediately.

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