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health department of such city, and shall be accompanied by a certifi. cate of the physician or midwife attending professionally at such birth, and personally cognizant thereof, together with the affidavit of at least two citizens certifying to their knowledge of the facts, and that the physician or midwife making such certificate of birth is a reputable person in good standing in the community in which he or she may reside. No change or alteration shall at any time be made in any of the records of the said bureau of records in said city without proof satisfactory to and upon the approval of the said board of health.

3. This act shall take effect immediately.

CHAP 268.

steam.

a meanor.

AN ACT for the protection of corporations organized for Corpora

generating and distributing steam for heating and other generating purposes.

tributing PASSED May 12, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and. Assembly, do enact as follows:

SECTION 1. Any person who, with intent to injure or defraud any persons coporation organized under the laws of this State for the

injuring or

of

purpose defraudgenerating, supplying or distributing steam for heating or other pur- ing, guilty poses, shall willfully injure, alter, obstruct or prevent the action of any meter or other device provided for the purpose of measuring and registering the quantity of steam consumed, or the quantity of water resulting from condensation of steam consumed, or cause or procure any such meter or other device to be injured or altered, or the action thereof to be obstructed or prevented, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding two hundred and fifty dollars, or by imprisonment not exceeding Penalty. six months, or by both such fine and imprisonment.

§ 2. Any person who, with intent to injure or defraud any corpora- Punishtion organized under the laws of this State for the purposes aforesaid, illegally shall connect, or cause to be connected, any pipe, tube or'other instru- connectment or contrivance with any main, service pipe or other pipe for conducting or supplying steam in such manner as to connect with and be calculated to supply steam for heating, for moving machinery or for any other purpose or use without such steam passing through the meter or other device provided for the measuring and registering the quantity of steam consumed, or the quantity of water resulting from condensation of such steam consumed, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding two hundred and fifty dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment.

§ 3. Every person who shall willfully or fraudulently injure, or suffer Tampering to be injured, and every corporation or association whose officer or meter. agent shall willfully or fraudulently injure, or suffer to be injured, any meter, device, pipe or fitting belonging to any corporation organized under the laws of this State for the

purposes aforesaid, or prevent such meter or device from duly registering the quantity of steam consumed, or the quantity of water resulting from the condensation of steam consumed; or shall alter the index of any such meter or device, or in any manner or way interfere with or hinder or obstruct its proper action

ing.

to enter

fering with

Agent may enter and

under what con

or just registration, or shall fraudulently consume or waste the steam of said corporation, shall for each and every such offense forfeit and pay to such corporation the sum of twenty-five dollars, and shall also be liable to such corporation in a civil action for the damages sustained

by reason of such offense. Agent $ 4. Any corporation organized under the laws of this State for the authorized purposes aforesaid

may

make an agreement with any of its customers buildings by which any officer or agent of such corporation, duly authorized in i ne meter. writing, signed by the president or secretary of said corporation, shail

be authorized at all reasonable times to enter any dwelling, store, building, room or places supplied with steam by such corporation and occupied by said customer for the purpose of inspecting and examining the meters, devices, pipes, fittings, and appliances for supplying or regulating the supply of steam, and for ascertaining the quantity of steam consumed, or the quantity of water resulting from the condensation of steam consumed. Every such agreement so made in writing shall further provide that such officer or agent shall exhibit his written authority if requested by the occupant of such dwelling, store,

building, room or place. Any person who shall directly or indirectly Penalty

prevent or hinder such officer or agent from entering such dwelling, for inter

store, building, room or place, or from making such inspection or exagent.

amination, in violation of his agreement with said corporation, shall forfeit and pay to the corporation the sum of twenty-five dollars for each offense.

§ 5. If a any person or persons, corporation or association, supplied cut off, with steam by such corporation organized under the laws of this

State for the purposes aforesaid, shall neglect or refuse to pay the rent tingencies. or remuneration for such steam, or for the meter, device, pipes, fit

tings or appliances, let by such corporation for supplying steam, or for ascertaining the quantity of steam consumed, or the quantity of water resulting from the condensation of the steam consumed, agreed upon or due for the same, as required by his, their or its contract with such corporation, the latter may thereupon stop and prevent the steam from entering the premises of such person, persons, corporation or association so neglecting or refusing to pay such rent or remuneration. The said corporation may also in any of the cases enumerate in this act in which a person is liable to pay a forfeiture or is liable to fine or imprisonment, or both such fine and imprisonment, stop and prevent the steam from entering the premises of the person so liable, or if such person be an officer or agent of any corporation or association, stop and prevent the steam from entering the premises of the corporation or association of which the person so liable is an officer or agent. In all cases in which such corporation is authorized to stop and prevent the steam from entering any premises, it may by its officers, agents or workmen, enter into or on such premises between the hours of eight o'clock in the forenoon and six o'clock in the afternoon, and cut off, disconnect, separate, and carry away any meter, device, pipe, fitting or other property of the said corporation ; and may cut off, disconnect, and separate any meter, device, pipe or fitting, whether the property of the corporation or not, from the mains or pipes of said

corporation. Penalty for person

$ 6. Any person who shall. falsely personate or represent himself to

be the officer, agent or workman of any such corporation, and by sach officer.

false personation or representation shall seek to enter any dwelling; store, building, room or place shall, on conviction thereof, be deemed guilty of felony, and imprisoned at hard labor in the State prison for a term not exceeding five years.

8 7. This act shall take effect immediately.

ating

down and

tracks.

CHAP.267. AN ACT authorizing individuals, joint-stock associations or Corpora

corporations engaged in the manufacture of railroad cars, manufac to lay down and maintain railroad tracks connecting their road cars. manufacturing establishments with existing railroads.

PASSED May 12, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any individual, joint-stock association or corporation May lay now or hereafter engaged in the manufacture of railroad cars in this

maintain State may lay down and maintain such railroad tracks, not exceeding railroad one mile in length, as shall be necessary to connect such manufacturing establishment with the tracks of any railroad now or hereafter operated in this State ; provided they shall obtain the consent of the owners of one-half in value the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained; or in case the consent of such property owners cannot be obtained, the general term of the supreme court in the district in which it is proposed to be constructed may, upon application, appoint three commissioners, who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners.

8 2. The provisions of this act shall not apply to the counties of New York and Kings.

8 3. This act shall take effect immediately.

ments.

CHAP 289. AN ACT to provide for the review and correction of illegal, Assess

erroneous or unequal assessments.

Passed May 12, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. A writ of certiorari may be allowed by the supreme Review court on the petition, duly verified, of any person or corporation as-rection of sessed and claiming to be aggrieved, to review an assessment of real illegal, or personal property for the purpose of taxation made in any town, or unequal ward, village or city of this State, when the petition shall set fortn taxation. that the assessment is illegal, specifying the grounds of the alleged illegality, or is erroneous by reason of over valuation, or is unequal in that the assessment has been made at a higher proportionate valuation than other real or personal property on the same roll by the same officers, and that the petitioner is or will be injured by such alleged illegal, erroneous or unequal assessment. When the alleged illegality, error or inequality affects several persons in the same manner who are assessed upon the same roll, they may unite in the same petition, and in that case the writ may be allowed, and the proceedings authorized by this act had in behalf of all such petitioners.

§ 2. Such writ shall only be allowed by a justice of the supreme court in the judicial district or at a special term of the court in the judicial district in which the assessment complained of was made, and shall be made returnable at a special term in said district. The writ shall not be granted unless application therefor shall be made within fifteen days after the completion and delivery of the assessment roll, and notice thereof given as provided in this act. A writ of certiorari allowed under this act shall not stay the proceedings of the assessors or other officers to whom it is directed, or to whom the assessment roll may be delivered to be acted upon according to law..

$ 3. The court or justice granting the writ shall prescribe in the writ the time within which a return thereto must be made, which shall not be less than ten days, and may extend such time. The assessors or other officers making a return to such writ shall not be required to return the original assessment roll or other original papers acted on by them, but it shall be sufficient to return certified or sworn copies of the roll or other papers, or of such portions thereof as may be called for by such writ. And the return may concisely set forth such other facts as may be pertinent and material to show the value of the property assessed on the roll, and the grounds for the valuation made by the assessing officers, and the return must be verified.

§ 4. If it shall appear by the return to such writ that the assessment complained of is illegal, erroneous or unequal for any of the reasons alleged in the petition, the court shall have power to order such assessment, if illegal, to be stricken from the roll, or is erroneons or unequal, to order a re-assessment of the property of the petitioner, or the correction of such assessment, in whole or in part, in such manner as shall be in accordance with law, or as shall make it conform to the valuations and assessments applied to other real or personal property in the same roll, and secure equality of assessment. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or may appoint a referee to take such evidence as the court may direct, and report the same to the court, and such testimony shall constitute a part of the proceedings upon which the determination of the court shall be made.

§ 5. A new assessment, or correction of an assessment made by order of the court, shall have the same force and effect as if it had been so made by the proper assessing officers within the time originally prescribed by law for making such assessment. Disobedience to a writ or order in any proceeding under this act may be punished by the court as for a contempt.

$ 6. Costs shall not be allowed against assessors or other officers whose proceedings may be reviewed under this act, unless it shall appear to the court that they acted with gross negligence, in bad faith, or with malice. If the writ shall be quashed, or the prayer of the petitioner denied, costs shall be awarded against the petitioner, but the costs shall not in any case exceed the costs and disbursements taxable in an action upon the trial of an issue of fact in the supreme court.

$ 7. Appeal may be taken by either party from an order, judgment or determination under this act as from an order, and shall be heard and determined in like manner. All issues and appeals in any proceedings instituted under this act shall have preference over all other civil actions and proceedings in all courts.

§ 8. If final judgment shall not be given in time to enable the assessors or other officers to make a new or corrected assessment for the

use of the board of supervisors at their annual session, and it shall appear from said judgment that said assessment was illegal, erroneous or unequal, then there shall be audited and allowed to the petitioner, and included in the next year's tax levy of said town, village or city, and paid to the petitioner the amount, with interest thereon, from the date of payment, in excess of what the tax should have been as determined by such judgment or order of the court.

8 9. All assessment rolls, when finally completed and verified by the assessors, shall, in towns, on or before the first day of September, and in incorporated villages and cities at the time prescribed by their respective charters or laws applicable to them, be delivered to the town, village or city clerk, or other officer, to whom such rolls are or may be required by law to be delivered, and there to remain with such clerk or other officer for a period of fifteen days for public inspection. The assessors or other officers who complete and verify the assessment roll shall, after they have delivered the same to the said town, village or city clerk or other officer, forth with give public notice by posting the same in at least three of the most public places in said town, village or city, or by publishing the same in one or more newspapers published therein, that such assessment roll has been finally completed, the officer to whom the same has been delivered and the place where the same will be open to public inspection. The fifteen days from which to complete the time within which the application for the writ of certiorari can be made under this act shall be the time when said public notice is first given.

$ 10. This act shall not be construed to repeal or abridge any other right or remedy given to review an assessment by any law applicable to any city or incorporated village, or by the charters thereof.

CHAP. 27s.

AN ACT to amend chapter four hundred and three of the laws Canals.

of eighteen hundred and seventy-nine entitled “ An act to prevent certain abuses upon the canals of this State."

PASSED May 13, 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 of chapter four hundred and three of the laws Amending of eighteen hundred and seventy-nine, of an act entitled “ An act to Laws 1879. prevent certain abuses upon the canals of this State,” is hereby amended so as to read as follows:

§ 1. Any lock-tender or other employee of this State upon any of the Employe canals of this State who shall ask, demand or receive, directly or indi

receiving

compensa rectly, from any boatman or other person, any fee, reward or gratuity tion for for doing or omitting to do any act or thing in his capacity as such neglecting lock-tender or employee; and any boatman or other person who shall not do any. pay or offer to pay, directly or indirectly, to any lock-tender or other his caemployee of this State, upon any of the canals of this State, any fee, employee, reward or gratuity for doing or omitting to do any act or thing in his guilty of a capacity as such lock-tender or employee, shall, upon conviction, be ad- meanor. judged guilty of a misdemeanor.

8 2. This act shall take effect immediately. Ante,

P. 786.

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