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CHAP. 35.

AN ACT to provide for the compilation of the statutes of the State of New York which provide what acts and omissions shall be felonies and misdemeanors, and making an appropriation for the

same.

APPROVED by the Governor March 1, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

report

SECTION 1. The Attorney-General is hereby directed to compile and Attorneyreport to the Legislature a schedule of felonies and misdemeanors ex- General, to isting by virtue of the statutes of this State, except those embraced compilawithin the Code of Criminal Procedure and in the Penal Code; and tion, etc. also to report an act repealing such statutes or parts of statutes creating felonies and misdemeanors as have become obsolete, and such unrepealed statutes and parts of statutes as have been superseded by or embraced within subsequent statutes, or within such codes.

and how

§ 2. The sum of one thousand dollars, or so much thereof as may Approbe necessary, is hereby appropriated out of any moneys in the treasury priation, not otherwise appropriated to meet the expense of carrying out the payable. provisions of this act, to be paid on the approval of the Attorney-General by the Treasurer on the warrant of the Comptroller.

§ 3. This act shall take effect immediately.

CHAP. 36.

AN ACT to provide for the procurement of proper electrical ap
paratus, machinery and appliances by the Superintendent of State
Prisons for the execution of convicted criminals.

APPROVED by the Governor March 1, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

Superin

State Pri

SECTION 1. The Superintendent of State Prisons shall immediately on the passage of this act, cause an electrical apparatus suitable and tendent of sufficient for the infliction of the punishment of death as provided by sons, to section five hundred and five of the Code of Criminal Procedure to be provide certain apconstructed and placed in each of the State prisons of this State; to- paratus. gether with the necessary machinery and appliances for the execution of convicted criminals as provided by said Code.

how paya

§ 2. For the purpose of defraying the expenses of the foregoing Appropriaapparatus, machinery and appliances, the sum of ten thousand dollars, tion, and or so much thereof as may be necessary, is hereby appropriated. Said ble. sum shall be paid to said Superintendent by the State Treasurer, on the warrant of the Comptroller, out of any moneys in the treasury not otherwise appropriated, on vouchers to be approved by the Comptroller. § 3. This act shall take effect immediately.

Commis

sioners,

and their

duties.

Appropria

how ex

CHAP. 37.

AN ACT appointing commissioners for making provision for the
due participation of the State in the centennial celebration of the
inauguration of the first President of the United States, and mak-
ing appropriations therefor, and for the expense of the National
Guard in attending such celebration.

APPROVED by the Governor March 1, 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. Brayton Ives, Walter Stanton, Louis Fitzgerald, Darius O、 Mills and Samuel D. Babcock are hereby appointed commissioners on the part of this State to make suitable provision for the due and appropriate participation by the State in the centennial celebration in the city of New York, April thirtieth, one thousand eight hundred and eighty-nine, of the inauguration of George Washington as President of the United States.

§ 2. The sum of fifty-five thousand dollars is hereby appropriated tion, and out of any money in the treasury not otherwise appropriated, payable to the order of said commissioners as they may require the same, to be expended by them in such manner as they may deem proper for carrying out the object and purpose mentioned in the first section of

pended.

Special appriation for veterans.

Commis

sioners, to disburse same.

Commis

this act.

§3. As a further provision for the participation of the State in such celebration, the sum of twenty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated payable to the order of Harrison Clark, Commander of the Department of New York Grand Army of the Republic, Theodore L. Poole, Thomas B. Odell, Adam Schell, William H. Barker and William W. Robacher, and their successors in office, composing the council of administration of such department, who are hereby appointed commissioners on the part of the State for that purpose, to be disbursed for such expenses as may be incurred by them in providing for the transportation and subsistence of such veteran Union soldiers and sailors of the late war as may be designated by them to attend such celebration as representatives of the several Grand Army posts in this State.

§ 4. The commissioners named in sections one and three of this act sioners to are hereby required, within thirty days after such celebration, to make report disburse- to the Comptroller a written statement of their disbursements under ments. this act.

Appropria

penses of

Guard,

§ 5. The further sum of one hundred and twenty-five thousand tion for ex- dollars, or so much thereof as may be necessary, is hereby appropriNational ated, payable to the order of the Adjutant-General as he may require how paya- the same, with the approval of the Commander-in-Chief, for the pay, transportation, subsistence and other necessary expenses of such portion of the National Guard of this State as may be ordered by him to attend such centennial celebration.

ble.

§ 6. This act shall take effect immediately.

CHAP. 38.

AN ACT to regulate the payment of fares upon railroads. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 2, 1889. Passed, three-fifths being present.

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

pays

from cer

sengers

cars.

to issue re

SECTION 1. It shall be lawful for any company owning or operat- Excess ing a steam railroad in this State, to demand and collect an excess charge, charge of ten cents over the regular or established rate of fare, tain pasfrom any passenger who fare in the car in which he or she may paying have taken passage, except where such passage is wholly within the fare in limits of any incorporated city in this State, provided, however, that it shall be the duty of such company to give to any passenger Railroad paying such excess, a receipt or other evidence of such payment, and company, which shall legibly state that it entitles the holder thereof to have bate ticket such excess charge refunded, upon the delivery of the same at any ticket office of said company, upon the line of their railroad, and said company shall refund the same upon demand; and provided further Proviso. that this act shall not apply to any passenger taking passage from a station or stopping place when tickets cannot be purchased during half an hour previous to the schedule time for the departure of said train, on which such passenger takes passage. § 2. This act shall take effect immediately.

CHAP. 39.

AN ACT to amend section fifteen hundred and eighty-two of the Code of Civil Procedure, relative to the distribution of unclaimed moneys arising from the proceeds of sales of real property in actions of partition, in certain cases.

APPROVED by the Governor March 2, 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 fifteen hundred and eighty-two of the Code of Civil Procedure, is hereby amended so as to read as follows:

for excess.

proceeds,

absent

§ 1582. Where a person has been made a defendant as an unknown Investperson; or where the name of a defendant is unknown; or where the ment of summons has been served upon a defendant without the State, or by due unpublication, and he has not appeared in the action; the court must known and direct his portion to be invested in permanent securities, at interest, owners. for his benefit, until claimed by him or his legal representatives; but after the lapse of twenty-five years from the time of the payment into court, or to the treasurer of any county, of any portion of the proceeds of the sale of real property for unknown heirs, in any action of partition, without any claim therefor having been made by a person entitled thereto, and upon there being made and presented to the court, at a special term thereof, proof, by petition or otherwise, showing to the satisfaction of the court, that due inquiry for such unknown heirs

Court, when to order un claimed moneys, to

known heirs.

has been made, and that no claim has been made for such portion of said proceeds by any person entitled thereto, the said court shall have power to decree that such unclaimed portion of such proceeds was vested at the time of such payment, in the known heirs of the combe paid to mon ancestor of such unknown heirs, and their heirs and assigns, and shall make an order in such action, directing the payment to them or their assigns, of the respective shares or portions of, or interests in, such proceeds, to which they are entitled; and upon serving on the county treasurer a certified copy of such order, the treasurer shall so treasurer. pay over and distribute the same, after deducting his lawful commissions, and shall thereupon be exempt from all liability on account thereof.

Duty of county

Presumption of death, in certain actions.

How af

fecting dis

§ 2. This act shall take effect immediately.

CHAP. 40.

AN ACT to amend section eight hundred and forty-one of the
Code of Civil Procedure, relative to the presumption of the death
of unknown heirs, in actions of partition, in certain cases.
APPROVED by the Governor March 2, 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 eight hundred and forty-one of the Code of
Civil Procedure, is hereby amended so as to read as follows:

§ 841. A person, upon whose life an estate in real property depends, who remains without the United States, or absents himself, in the State or elsewhere, for seven years together, is presumed to be dead, in an action or special proceeding, concerning the property, in which his death comes in question, unless it is affirmatively proved that he was alive within that time. And where in any action of partition, in this State, any portion of the proceeds of the sale of real property is, or has been, paid into court, or paid to the treasurer of any county, for unclaimed any unknown heirs, and is unclaimed for twenty-five years, the lapse of twenty-five years after such payment, raises the presumption of the death of such unknown heirs, and they are, and shall be, presumed to be dead, in any action or proceeding for the purpose of distributing and paying over such proceeds.

tribution of certain

moneys.

§ 2. This act shall take effect immediately.

CHAP. 41.

AN ACT to amend chapter two hundred and seventy of the laws. of one thousand eight hundred and eighty-eight, entitled "An act making appropriations for certain expenses of government and supplying deficiencies in former appropriations.'

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APPROVED by the Governor March 2, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

amended,

Normal

SECTION 1. The paragraph in chapter two hundred and seventy of Supply bill the laws of one thousand eight hundred and eighty-eight, entitled "An of 1888 act making appropriations for certain expenses of government and sup- as to plying deficiencies in former appropriations," which reads as follows: School at "For the Normal and Training School at New Paltz, for the erection New Paltz. of an additional building for the use of said school, after plans and specifications which shall be approved by the Superintendent of Public Instruction, and upon a contract or contracts therefor, which shall be approved by the Comptroller and which shall be let by the local board of managers, after suitable advertisement, to the lowest responsible bidder or bidders therefor, and which shall satisfy the Comptroller that all the work and materials herein contemplated can and will be done and purchased within the limits of this appropriation, the sum of forty thousand dollars; and for the purchase of furniture therefor, and for steam heating and ventilating apparatus therefor, including boilers, piping, radiators and setting of the same, the sum of five thousand dollars," is hereby amended so as to read as follows:

tion,

buildings,

etc.

"For the Normal and Training School at New Paltz, for the erection Amended of an additional building for the use of said school, after plans and appropriaspecifications which shall be approved by the Superintendent of Public additional Instruction, and upon a contract or contracts therefor, which shall be furniture, approved by the Comptroller and which shall be let by the local board heating, of managers, after suitable advertisement, to the lowest responsible bidder or bidders therefor, and which shall satisfy the Comptroller that all the work and materials herein contemplated can and will be done and purchased within the limits of this appropriation, the sum of forty thousand dollars; and for the purchase of furniture therefor, and for steam heating and ventilating apparatus therefor, including boilers, piping, radiators and setting of the same, the sum of five thousand dollars. Any portion of the said sum of forty thousand Proviso. dollars so appropriated for the erection of said additional building which may not be required therefor, may be expended by the said managers for the purchase of furniture for said building and for steam heating and ventilating apparatus therefor, including boilers, piping, radiators and setting of the same, in addition to the said sum of five thousand dollars appropriated therefor."

§ 2. This act shall take effect immediately.

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