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CHAP. 167.

AN ACT to amend chapter four hundred and thirty-nine of the laws of one thousand eight hundred and seventy-six, entitled "An act relating to the expenses of judicial sales in the county of Kings."

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 18, 1889. Passed, three-fifths being present.

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

county,

SECTION 1. Section one of chapter four hundred and thirty-nine of Kings the laws of one thousand eight hundred and seventy-six, entitled "An judicial act relating to the expenses of judicial sales in the county of Kings," is hereby amended so as to read as follows:

❞ sales in.

make cer

§ 1. All sales of real estate made in the county of Kings under Sheriff to judgment or decree of any court, except sales in actions of partition, tai judi and where the sheriff of said county is a party, and excepting where cial sales. all the parties to the suit, both those who do and these who do not appear, shall execute and file a written stipulation in due form consenting to a sale by a referee, shall be made by the sheriff of the said county of Kings.

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

foreclos

§ 2. In cases of sales on foreclosure he shall be entitled to receive His fees on the following fees, and no more: For receiving order of sale and post-ure. ing notices of sale, ten dollars; for attending sale, ten dollars; for drawing each deed of premises sold, five dollars; for attending and adjourning a sale at the request of the plaintiff in the action or by order of the court, three dollars; for making report of sale five dollars; for paying over surplus moneys, three dollars; and all disbursements made by him for advertising at the rates allowed by law therefor; fees of officers for taking acknowledgments and administering oaths; and all auctioneers' fees actually paid by him to licensed auctioneers, but not to exceed for such auctioneers' fees fifteen dollars for Auctioneach parcel separately sold, which auctioneers' fees shall be paid by are the purchaser of the parcel in addition to the amount bid by him paid. therefor.

§ 3. This act shall take effect immediately.

CHAP. 168.

AN ACT in relation to the salary of the supervisor-at-large of

Kings county.

APPROVED by the Governor, April 18, 1889. Passed, three-fifths being present.

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

eers' fees,

SECTION 1. The board of estimate of the city of Brooklyn and the Salary, county of Kings are hereby authorized and empowered by unanimous how fixed. vote of its members to fix the salary of the supervisor-at-large of

Repeal.

Kings county, not exceeding the sum of five thousand dollars per

annum.

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

3. This act shall take effect immediately.

Kings

County jurors.

Proceed

liminary to the

drawing of,

CHAP. 169.

AN ACT to amend sections eleven hundred and forty-one, eleven hundred and forty-two, eleven hundred and forty-three and eleven hundred and forty-six of the Code of Civil Procedure relating to the drawing of jurors in Kings county.

APPROVED by the Governor April 18, 1889. Passed, three-fifths being present.

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

SECTION 1. Section eleven hundred and forty-one of the Code of Civil Procedure, is hereby amended so as to read as follows:

§ 1141. If two or more of the judges specified in the last section attend ings, pre- with or without one or more justices of sessions, the commissioner, or, in case of his absence, his chief clerk, must break the seal of the box containing the ballots, open it, and exhibit the ballots for their inspection, together with his original and each supplemental list of trial jurors, and also the verified transcripts thereof filed in the county clerk's office. The ballots containing the names of trial jurors excused from service for the whole or a portion of a previous term of a court of record in the county which have not already been replaced in the box to be redrawn, must then be replaced therein; and the judges attending the drawing must take care, when the seal is broken, that they are so replaced. If a supplemental list has been made, and a transcript filed since the last drawing, ballots containing the names appearing therein must at the same time be placed in the box. The judges and the commissioner, or, in case of his absence, his chief clerk, or a majority of them, must appoint one of the attending officers to draw the ballots from the box and another to check mark the drawing as it proceeds upon a copy of the lists, transcripts of which have been filed with the county clerk.

Drawing,

how conducted.

§ 2. Section eleven hundred and forty-two of the Code of Civil Procedure, is hereby amended so as to read as follows:

§ 1142. The commissioner, or in case of his absence, his chief clerk, must then shake the box containing the ballots so as thoroughly to mix them. The person appointed for that purpose must then, without seeing the name contained in any ballot, publicly draw one ballot from the box and read aloud the contents thereof. If the drawing is for trial jurors to serve in the city court of Brooklyn, and the person drawn does not reside in that city, the ballot must be returned to the box; but if he resides in that city, or if the drawing is for trial jurors to serve in another court, the person appointed to checkmark the drawing must place opposite the name of the person drawn, upon the copy of the lists, the figure one. The ballot must then be deposited in a second box provided for that purpose and constructed like the first box. Another ballot must then be drawn in like manner from

the first box, and the same process must be repeated until the requisite number has been drawn, except that each name must be checkmarked in its numerical order.

§ 3. Section eleven hundred and forty-three of the Code of Civil Procedure, is hereby amended so as to read as follows:

as to trial

§ 1143. When the drawing is completed, the commissioner, or in Certificate, case of his absence, his chief clerk, and the judges by whom it was con- jurors ducted, must sign a minute at the end of the copy of the lists, upon drawn. which the checkmarks have been made, setting forth that the trial jurors whose names are contained therein, were duly drawn by them, for the court and the term therein specified, in the order denoted by the figures. The judges must then close each box; and place upon Box, how the cover thereof, their seals, which must not be broken, except when sealed. necessary for a subsequent drawing.

§4. Section eleven hundred and forty-six of the Code of Civil Procedure, is hereby amended so as to read as follows:

verified

sheriff.

§ 1146. Immediately after each drawing of trial jurors, the com- Panel, how missioner, or in case of his absence, his chief clerk, must prepare a and transpanel verified by his affidavit, containing the names of the jurors mitted to drawn, with the proper additions of each, and stating for what court and for what term, they were drawn. He must transmit the panel to the sheriff of the county, who must keep it on file, in his office for public inspection. The sheriff must forthwith notify each juror Sheriff to named therein to attend the term for which he was drawn, by serving notify upon him a notice to that effect, addressed to him. The notice may be served personally or by leaving it at the jurors residence, or Notice, usual place of business, with a person of proper age and discretion. contain, It must specify the days, during which the juror is required to be and how present, and it may contain copies of such portions of this article as the sheriff deems proper.

§ 5. This act shall take effect immediately.

CHAP. 170.

AN ACT to amend section two hundred and ninety of the Penal
Code relating to children.

BECAME a law without the approval of the Governor, in accordance with the
provisions of article four, section nine of the Constitution, April 22, 1889.
Passed, three-fifths being present.

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

jurors.

what to

served.

SECTION 1. Section two hundred and ninety of the Penal Code is Acts of hereby amended so as to read as follows:

§ 290. A person who,

cruelty to children.

to concert

rinks, etc.,

1. Admits to or allows to remain in any dance-house, concert saloon, Admission theatre, museum, skating rink, or in any place where wines or spirit- saloons, uous or malt liquors are sold or given away, or in any place of enter- skating tainment injurious to health or morals, owned, kept or managed by or places him in whole or in part, any child actually or apparently under the quor is age of sixteen years, unless accompanied by its parent or guardian; or, sold.

to houses

2. Suffers or permits any such child to play any game of skill or Admission chance in any such place, or in any place adjacent thereto, or to be or of prostiremain therein, or admits to or allows to remain in any reputed house tution,

or gaming of prostitution or assignation, or in any place where opium or any prepor oplum aration thereof is smoked, any child actually or apparently under the age of sixteen years; or,

smoking.

Sale of

Advances by pawn

3. Sells or gives away, or causes or permits or procures to be sold or liquor to. given away to any child actually or apparently under the age of sixteen years any beer, ale, wine, or any strong or spirituous liquor; or, 4. Being a pawnbroker or person in the employ of a pawnbroker, brokers to. makes any loan or advance or permits to be loaned or advanced to any child actually or apparently under the age of sixteen years any money, or in any manner directly or indirectly receives any goods, chattels, wares or merchandise from any such child in pledge for loans made or to be made to it or to any other person or otherwise howsoever; or,

Sale of

5. Sells, pays for or furnishes any cigar, cigarette or tobacco in any cigarettes, of its forms to any child actually or apparently under the age of sixteen years: Is guilty of a misdemeanor.

to.

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lutions of

Governor's message.

Death

Penalty report.

vestiga

§ 2. This act shall take effect immediately.

CHAP. 171.

AN ACT to confirm and legalize certain concurrent resolutions for printing passed by the Legislature of one thousand eight hundred and eighty-eight, certain resolutions for printing passed by the Senate and Assembly respectively during the session of such legislature, the printing of the reports and testimony submitted to the Senate during such session by the committee appointed to investigate the Bloomingdale Insane Asylum, and the necessary binding and engraving for such printing, and to make an appropriation therefor.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 22, 1989. Passed, three-fifths being present.

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

SECTION 1. The concurrent resolutions of the Legislature of one thousand eight hundred and eighty-eight, for printing six thousand copies of the Governor's message in English and three thousand five hundred copies thereof in German, passed January twelfth, one thousand eight hundred and eighty-eight; for printing three thousand copies of the report of the commissioners appointed to provide for the proper infliction of the death penalty, passed February fifteenth, one thousand eight hundred and eighty-eight; for printing two thouOyster In- sand copies of the report of Eugene G. Blackford, the Commissioner of Fisheries in charge of the oyster investigation, passed April twenty-fifth, one thousand eight hundred and eighty-eight; for printing eight thousand extra copies of the report of the State Assessors for one thousand eight hundred and eighty-eight, passed March fifth, one thousand eight hundred and eighty-eight; for printing one thouTelephone sand five hundred copies of the report of the special committee of the investiga- Assembly appointed to investigate telephone charges, passed March tion. ninth, one thousand eight hundred and eighty-eight; for printing one New Insane thousand copies of the report of the commission on the new Asylum commis- for Insane Criminals, passed March twenty-first, one thousand eight

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port.

State As

sessors

report.

Asylum

Niagara

port.

Memorial.

Labor

investiga

commit

copies of

Senate

bills

hundred and eighty-eight; for printing one thousand copies of the sion reannual report of the Commissioners of the State Reservation at Ni- port. agara, and one thousand copies of the catalogue of plants, passed ReservaMarch twenty-ninth, one thousand eight hundred and eighty-eight; tion refor printing ten thousand copies of the proceedings of the Legislature and the memorial oration of Colonel Robert G. Ingersoll, on the death Conkling of ex-Senator Roscoe Conkling, passed May tenth, one thousand eight hundred eighty-eight; for printing five hundred copies of the Legislative Record for one thousand eight hundred and eighty-eight, passed May tenth, one thousand eight hundred and eighty-eight; and for printing five thousand extra copies of the fifth annual report of the Report of Bureau of Statistics of Labor, passed May tenth, one thousand eight Bureau. hundred and eighty-eight; the resolutions of the Senate of one thousand eight hundred and eighty-eight, for printing three thousand ad- "Trusts," ditional copies of the report of the committee on general laws of the tion of. Senate, on its investigation of trusts, and one thousand additional copies of the testimony taken by said committee on such investigation, passed March sixth, one thousand eight hundred and eightyeight; for printing five hundred extra copies of the list of the stand- List of ing committees of the Senate, passed January eighteenth, one thousand Senate eight hundred and eighty-eight; for printing five hundred extra copies tees." of Senate bill, introductory number five, being Senate bill printed Extra number seventy-four, passed February second, one thousand eight certain hundred and eighty-eight; for printing three hundred extra copies of Senate bill printed number sixty-one, passed February second, one thousand eight hundred and eighty-eight; for printing three hundred extra copies of Senate bill, printed number seventy-seven, passed February fourteenth, one thousand eight hundred and eighty-eight; for printing three hundred additional copies of Senate bill, introductory number one hundred and fifty-three, being Senate bill, printed number sixty, passed March sixteenth, one thousand eight hundred and eighty-eight, for printing five hundred extra copies of Senate bill, printed number one hundred and fifty-seven, passed April fifth, one thousand eight hundred and eighty-eight; and for printing ten thousand copies of the revision of Constitutional provisions, Statutes and Davies' cases relating to the assessment of taxes in the State of New York, Taxation. prepared by Julien T. Davies, passed May second, one thousand eight hundred and eighty-eight; the resolutions of the Assembly of one thousand eight hundred and eighty-eight for printing one thousand List of extra copies of the list of the standing committees of the Assembly of commitone thousand eight hundred and eighty-eight, passed February fifteenth, one thousand eight hundred and eighty-eight; for printing one thousand copies of the proceedings and exercises held in honor of the memory of the late Hon. James Haggerty, passed February Memorial. fifteenth, one thousand eight hundred and eighty-eight, and for print- State ing six thousand copies of the transactions of the State Agricultural AgriculSociety for the years one thousand eight hundred and eighty-three, tural Soone thousand eight hundred and eighty-four, one thousand eight hun- Transac dred and eighty-five and one thousand eight hundred and eighty-six, passed February twenty-ninth, one thousand eight hundred and eightyeight; the printing of fifteen hundred copies of the reports and testi- Bloomingmony submitted to the Senate May fourth, one thousand eight hundred dale Insane and eighty-eight, by the committee on taxation and retrenchment of vestigathe Senate, appointed to investigate the Bloomingdale Insane Asylum, tion. and the necessary binding and engraving therefor are hereby confirmed Printing, and legalized, and such resolutions shall have the same force and effect and en

System of

Assembly

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Haggerty

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tions.

Asylum in

binding

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