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sons other than against such superintendents, for the use of the poor of said town. Any violation of the provisions of this section shall be Penalty. deemed a misdemeanor, punishable by fine and imprisonment.

oaths, etc.

§ 9. Any of said superintendents and the overseer of the poor of the May adtown of Oswegatchie shall have the power to administer to, and exam- minister ine under oath, any person or persons applying to them for relief, and to any other person or persons in any matter pertaining to the discharge of their duties under this act, and for that purpose to issue subpoenas requiring the attendance of applicants and witnesses, and false swearing during such examination shall be deemed willful perjury. 10. No person shall be disqualified from acting as judge, justice, Not diswitness or juror, by reason of his being a resident, inhabitant or free- qualified holder in said town of Oswegatchie, in any action or proceeding in ing as which the said superintendents of the poor are a party.

from act

jurors, etc.

settled.

§ 11. All disputes between the town of Oswegatchie and any other Disputes town in said county as to the settlement of any pauper, or as to which how to be town is liable to support any poor person, shall be decided by the superintendent of the poor of St. Lawrence county as now provided by Îaw.

pay share

and state

§ 12. Nothing in this act shall be construed as to require or compel Town to the town of Oswegatchie to support any county pauper or state pauper. of support Neither shall it be construed as exempting or relieving the town of of county Oswegatchie from paying its full share of the expense of supporting poor, etc. the county or state poor or from erecting and keeping in repair all county buildings, including the poor-house, nor from the payment of its share of the salaries of all county officers or employees in the poorhouse of St. Lawrence county.

§ 13. This act shall take effect immediately.

CHAP. 29.

AN ACT to amend the Code of Civil Procedure.

PASSED March 22, 1882; 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 thousand of the Code of Civil Procedure is hereby amended so as to read as follows:

directing

§ 1000. Upon the application of a party who has taken one or more Order may exceptions, the judge, presiding at a trial by a jury, may, in his dis- be made cretion, at any time during the same term, direct an order to be en- exceptions tered, that the exceptions so taken be heard, in the first instance, at at general the general term; and that judgment be suspended in the meantime. term, etc. At any time before the hearing of the exceptions, the order may be revoked or modified, upon notice, in court or out of court, by the judge who made it; or it may be set aside for irregularity, by the court, at any term thereof. Unless it is so revoked or set aside, the exceptions must be heard upon a motion for a new trial, which must be decided by the general term. The motion is deemed to have been made when the order was granted; and either party may notice it for hearing at the general term, upon the exceptions.

§2. This act shall take effect immediately.

Town

exempted

ter 875,

laws of

1874, as to

CHAP. 30.

AN ACT to exempt the town of Northfield in the county of Richmond from the operations of chapter eight hundred and fifty-five of the laws of eighteen hundred and sixty-nine in so far only as the time for the meeting of the town officers therein mentioned is concerned and to provide for the time for the meeting of such town officers in said town.

PASSED March 24, 1882; three-fifths being present.

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

SECTION 1. The town of Northfield in the county of Richmond is from chap hereby exempted from so much of the provisions of chapter eight hundred and fifty-five of the laws of eighteen hundred and sixty-nine as said laws were amended by chapter two hundred and sixty of the meeting of laws of eighteen hundred and seventy-four, as provides for the time of the meeting of the town officers therein mentioned on the first Monday in September in each year, and instead thereof said town. officers in said town shall meet for the purposes in said act specified on the first Monday in April in each year.

officers.

Endow

erty, etc.,

§ 2. This act shall take effect immediately.

CHAP. 31.

AN ACT in relation to the endowment of the Syracuse Uni

versity.

PASSED March 24, 1882.

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

SECTION 1. No property, real or personal, now owned or held by the ment prop- Syracuse University for the purpose of endowment; or which it mas hereafter obtain for said purpose by gift, grant or devise, shall be used pledged or hypothecated or in any other way disposed of by said in stitution, its trustees or agents, for the payment of current expense, of said University; provided, however, that the accrued interest and profits may be used for that purpose.

not to be used to pay current expenses.

Amount of

§ 2. The Syracuse University shall have power to receive and hold real estate. for the purpose of endowment real estate and personal property the annual income from which shall not exceed the sum of sixty thousand dollars.

§ 3. This act shall take effect immediately.

CHAP. 32.

AN ACT to authorize the extension of the time for the collection of taxes in the several towns of Westchester county. PASSED March 24, 1882; three-fifths being present.

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

bond, etc.,

extended.

SECTION 1. If any collector or receiver of taxes in any town in the On recounty of Westchester shall pay over all moneys collected by him, and newal of shall make his return to the treasurer of said county, as now required time by law, of all unpaid taxes on lands of non-residents, and shall renew his bond as herein provided, the time for the collection of all other taxes, and for making returns thereof by him, shall be and is hereby extended to the first day of May, one thousand eight hundred and eighty two; such bond shall be renewed with such sureties as in any town shall be approved by the supervisor thereof, or, in case of his absence or inability to act, by the town clerk thereof; the penalty thereof, in any case, shall be double the amount of taxes in that case remaining uncollected. The bond shall be approved in writing, and Bond. filed in the same manner as the original bond is required by law to be filed, and to have all the effect of the collector's or receiver's bond. A copy of the bond, and the approval thereof shall within twenty Copy to be days after the passage of this act be delivered to the treasurer of the led with county in which said town is; but nothing herein contained shall be construed as extending the time for the payment of the State tax or any part thereof, by the county treasurer of said county to the comptroller as now provided by law.

treasurer.

deliver

§ 2. It shall be the duty of the secretary of state immediately after Secretary the passage of this act, to deliver a copy thereof to the treasurer of of state to Westchester county, and it shall be the duty of said county treasurer copy of to notify in writing each collector or receiver of taxes in said county treasurer. of the receipt of said copy and the passage of this act. § 3. This act shall take effect immediately.

CHAP. 33.

AN ACT to merge the corporation of the "Trustees of the
Funds for the Floating Hospital of St. John's Guild of the
City of New York" into the corporation of "St. John's
Guild.”

PASSED March 24, 1882; three-fifths being present.

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

law to

merged

SECTION 1. The corporation known as, and incorporated under the Corporatitle of "The Trustees of the Fund of the Floating Hospital of St. John's tion Guild of the City of New York" is hereby merged into and made a part and propof the charitable corporation organized under the name of and known erty vested as "St. John's Guild " of the city of New York, and all of its funds, John's property, effects, powers, authority, privileges, immunities and functions are hereby transferred to and vested in, and its duties, liabilities,

in St.

. Guild.

Time for

construction of

objects, business, obligations and ministrations are devolved upon and to be assumed and discharged by the said corporation of "St. John's Guild" as fully as the said two corporations were authorized and obligated to do before such merger under their several articles of incorporation, but nothing contained in this act shall abrogate or impair or in any wise affect any existing rights or interest or legal proceeding now pending.

§ 2. This act shall take effect immediately.

CHAP. 34.

construction and

AN ACT to extend the time for the
completion of the Penn Yan and New York Railway.
PASSED March 24, 1882; by a two-thirds vote.

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

SECTION 1. The time in which the Penn Yan and New York Railway Company may construct and complete said railroad, or cause the same to be done, is hereby extended for five years from the first day tended till of January, eighteen hundred and eighty-three; and if completed

road ex

Dec. 31,

1887.

Election, jurisdic

tion and term of

office of police

justice

within that time, the conveyance and alienation of all the right, title and interest of the state of New York in and to the banks and prism of the Crooked Lake canal to the said railroad company, heretofore executed by the commissioners of the land office, bearing date the eighteenth day of April, eighteen hundred and seventy-eight, shall have the same force and effect as though the said railroad company had constructed and completed said railroad as required by section two of chapter one hundred and forty-three of the laws of eighteen hundred and seventy-eight, and any forfeiture of the said conveyance by the failure to construct and complete said railroad, as therein provided, is hereby waived.

§ 2. This act shall take effect immediately.

CHAP. 35.

AN ACT to provide for the election of a police justice in the town of Ulster, in the county of Ulster.

PASSED March 24, 1882; three-fifths being present.

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

SECTION 1. There shall be elected in the town of Ulster, in the county of Ulster, an officer to be designated the police justice of the town of Ulster. He shall be an elector of said town, and shall hold his office for the term of four years; he shall have the same powers and jurisdiction in criminal cases, and proceedings that justices of the peace now have, or that may hereafter be conferred on justices of the peace by law, and shall be subject to the same duties and liabilities in criminal cases as the justices of the peace of the

several towns of this state; he shall be elected by the electors of the town of Ulster, at the annual town meeting in said town, in the same manner as other town officers.

tion of.

bond.

§ 2. The first election of such police justice shall be held at the First elecnext annual town-meeting in said town, and the person then duly elected shall enter upon the duties of his office on the first day of April thereafter, on which day his term of office shall commence. §3. The said police justice shall qualify before entering on the Oath and duties of his office by taking the oath of office and giving an official bond in the same manner as a justice of the peace, and in case of a vacancy in such office the same shall also be filled in the same manner as in the case of a justice of peace, until such vacancy can be filled by election at the first town-meeting after such vacancy shall happen, and until the first day of April following such election. Every election in case of a vacancy shall be for a full term. Vacan- Vacancy. cies in said office shall be deemed to occur for the same reasons and in the same manner as in the office of justice of the peace.

§ 4. Such police justice shall have in said town exclusive jurisdic- Exclusive tion (except in cases of his absence from said town, or inability from jurisdicsickness or other cause, to act), to hear criminal complaints, and to conduct all criminal business, and all special proceedings of a ́eriminal nature, in said town that may by law be done by a justice of the peace. But nothing herein contained shall be construed to interfere with or restrict the powers or duties of the coroners of the county of Ulster.

diction

of justices

§ 5. No justice of the peace of the said town of Ulster shall ren- Limitation der any service, or be entitled to receive any fees in criminal cases, or on jurisin special proceedings of a criminal nature, except during a vacancy and power in the office of police justice, or except that a complainant of the shall by his own oath, or that of some other person, prove to a justice peace. of the peace, that the said police justice is absent from the town, or sick, or otherwise unable to attend to such application, and the offense charged be a felony; in such case the justice to whom such application shall be made shall issue a warrant to apprehend the person charged with the commission of the offense, and shall be entitled to receive therefor the fees allowed by law, but every such warrant shall be made returnable before the police justice of said town, and when a warrant is issued by said police justice it shall be returnable in the same manner. In bastardy proceedings the police justice mav associ- Bastardy ate with himself one of the justices of the peace of the said town, proceedin which case the justice of the peace so associated shall be entitled to the fees allowed by law.

ings.

arrested to

police

§ 6. Any peace officer arresting any person on a criminal warrant Persons returnable before the said police justice shall take the person so ar- be taken rested to the office of the said police justice without unnecesary delay; before and in case the police justice is absent from town, or by reason of sick- Justice. ness or other cause is unable to enquire into the case, then the peace officer shall take the person so arrested before one of the justices of the peace of the town of Ulster, who shall proceed thereon and be entitled to fees for his services. But nothing in this section contained shall be construed to repeal or affect the provisions of section one hundred and fifty-nine of the code of criminal procedure of the State of New York.

§ 7. The said police justice shall not be entitled to receive for his Salary, etc. own use any fees for services performed by him, but he shall receive

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