not in such remedies as may be safely employed without the advice of a physician, such as Epsom salts, Rochelle salts, salts of tartar, borax, sulphur, magnesia, camphor, aloes, myrrh, guaiac, arnica, rhubarb, senna, squills, ipecac, and preparations of above; also castor oil, olive oil, origanum, spike, amber, wintergreen, peppermint, and wormwood, glycerine, spirits of nitre and other like remedies, but does not include Certain opium, morphine, laudanum, strychnine, arsenic, belladonna, aconite, remedies and other poisons requiring knowledge and pharmaceutical skill to safely cluded. dispense, unless they be sold in original packages, or packages bearing the label of a licensed pharmacist. The phrase, "rural districts," Phrase used in said act is hereby declared to apply only to small villages and districts" country districts having less than two stores where pharmacy is prac- defined. ticed. The phrase, practice of pharmacy," used in said act is Phrase hereby defined as follows, namely: The compounding of prescriptions of pharor of any United States pharmacopoeial preparation, or of any sub- macy defined. stance to be used as medicine, or the retailing of any drug or poison for medicinal purposes. § 2. This act shall take effect immediately. CHAP. 485. AN ACT to amend subdivision fourteen of section one hundred APPROVED by the Governor June 14, 1889. Passed, three-fifths being present. "rural "practice " charter SECTION 1. Subdivision fourteen of section one hundred and ninety- City four of chapter four hundred and ten of the laws of eighteen hundred amended, and eighty-two, entitled "An act to consolidate into one act and to as to andeclare the special and local laws affecting public interests in the city propriaof New York," is hereby amended so as to read as follows: nual ap tions. Benevo and He 14. To the Hebrew Benevolent Society of the city of New York one To Hebrew hundred and ten dollars per annum and proportionately for any frac- lent tion of a year, and to the Hebrew Sheltering Guardian Society of New Society, York one hundred and four dollars per annum and proportionately brew for any fraction of a year for each orphan, half orphan, and indigent Guardian child committed or entrusted to its care in pursuance of the provisions Society. of law. Sheltering board of § 2. The board of estimate and apportionment of the city of New Duty of York are hereby authorized to make immediate provision for the pay- estimate, ments hereby authorized. § 3. This act shall take effect immediately. etc. Appropriation. Duty of CHAP. 486. AN ACT to provide for the construction of fishways in the Hudson APPROVED by the Governor June 14, 1889. Passed, three-fifths being present. SECTION 1. The sum of five thousand dollars or so much thereof as may be necessary is hereby appropriated out of any moneys in the treasury not otherwise appropriated for the purpose of building fishways around the dams in the Hudson river at Mechanicsville and Northumberland. § 2. It shall be the duty of the Superintendent of Public Works of this State, as soon as practicable, to cause said fish ways to be constructed, upon plans to be approved by the Commissioner of Fisheries of this State and shall maintain the same in a proper manner. said fishways shall be constructed without injury to the said dams. § 3. This act shall take effect immediately. CHAP. 487. The AN ACT to amend chapter three hundred and fourteen of the laws* one thousand eight hundred and fifty-eight, entitled "An act to declare and extend the powers of executors, assignees, receivers and other trustees, and to protect the rights of creditors and others against frauds, and for other purposes. APPROVED by the Governor June 14, 1889. Passed, three-fifths being present. SECTION 1. Section one of the act entitled "An act to declare and extend the powers of executors, assignees, receivers and other trustees, and to protect the rights of creditors and others against frauds, and for other purposes," passed April seventeenth, one thousand eight hundred and fifty-eight, is hereby amended so as to read as follows: § 1. That any executor, administrator, receiver, assignee, or other trustee of an estate, or the property and effects of an insolvent estate, corporation, association, partnership or individual, may for the benefit of creditors or others interested in the estate or property so held in trust, disaffirm, treat as void, and resist all acts done, transfers, and agreements made, in fraud of the rights of any creditor, including themselves and others, interested in any estate or property held by or of right belonging to any such trustee or estate. And any creditor of a deceased insolvent debtor, having a claim or demand against the estate of such deceased debtor exceeding in amount the sum of one hundred dollars, may, in like manner, for the benefit of himself and other creditors interested in the estate or property of such deceased debtor, disaffirm, treat as void, and resist all acts done, and convey *So in the original. ances, transfers and agreements made, in fraud of the right of any creditor or creditors, by such deceased debtor, and for that purpose. may maintain any necessary action to set aside such acts, conveyances, transfers or agreements; and for the purpose of maintaining such action, it shall not be necessary for such creditor to have obtained a judgment upon his claim or demand, but such claim or demand, if disputed, may be proved and established upon the trial of such action. 2. This act shall take effect immediately. CHAP. 488. AN ACT to regulate the compensation of the board of supervisors APPROVED by the Governor June 14, 1889. Passed, three-fifths being present. super SECTION 1. To each supervisor of the county of Columbia there Annual shall hereafter be paid an annual salary of one hundred and fifty dol- salary of lars, which amount shall be compensation for the regular annual visors, for session of the board of supervisors, but shall not include any special regular sessions of the board which may be called but such special sessions shall be paid for in addition as now provided by law. session. § 2. Each supervisor shall receive, also, mileage at the rate of eight Mileage. cents per mile for ouce going and returning from his residence to the place where the session of the board shall be held, by the most usual route, for each regular or special session provided for by law. duties. § 3. But nothing in section one of this act shall forbid the payment Proviso, as to any supervisor of the compensation now allowed by law for the to special performance of other duties which may have been committed to him by the board of supervisors, or duties to be performed, not herein specified, as now provided for by law. § 4. All compensation shall be paid in the manner as provided for Payment, by law. how made. § 5. All acts and parts of acts inconsistent with the provisions of Repeal, this act are hereby repealed. § 6. This act shall take effect immediately. CHAP. 489. AN ACT in relation to ferries.. APPROVED by the Governor June 14, 1889. Passed, three-fifths being present. SECTION 1. Within thirty days after the passage of this act, every Sched person, corporation or association, operating any ferry in this State, or rates, how between this State and any other State, operating from or to a city of posted five hundred thousand inhabitants or over, shall post in a conspicuous city and and accessible place in each of its ferry-houses, in plain view of the Brooklyn. in N. Y. pliance passengers, a schedule plainly printed in the English language of the rates of ferriage charged thereon and authorized by law to be charged for ferriage over said ferry. Penalty for § 2. If any such person, corporation or association shall fail to non-com- comply with the provisions of section one of this act, or shall post a herewith. false schedule, they shall be guilty of a misdemeanor and, in addition, shall forfeit and pay the sum of one hundred dollars, to be recovered by any person who shall sue therefor in any court of competent jurisdiction. How recovered. Repeal. § 3. Chapter two hundred and sixty of the laws of one thousand eight hundred and eighty-eight, entitled "An act in relation to ferries," is hereby repealed. Rates of toll upon § 4. This act shall take effect immediately. CHAP. 490. AN ACT in relation to the Monticello and Fallsburgh Turnpike APPROVED by the Governor June 14, 1889. Passed, three-fifths being present. SECTION 1. The Monticello and Fallsburgh Turnpike Road ComTurnpike. pany may erect on its road toll gates not to exceed two in number at such place or places as the directors may designate, and exact and receive at each toll gate, for traveling upon said road, not to exceed the following rates of toll, namely: For every wagon, cart or other carriage, and for every sleigh or sled drawn by two horses, mules, oxen or other animals, ten cents, and for every additional horse or other animal, five cents; for every cart, sulky, wagon or other wheel carriage and for every sleigh or sled drawn by one horse or other animal, five cents; for every head of cattle, sheep or swine, one cent; for every horse or mule ridden, driven or led three cents. Powers and lia bilities of corporation. §2. The said corporation, the Monticello and Fallsburgh Turnpike Road Company shall possess the general powers, rights and privileges and be subject to the liabilities and restrictions, except as in this act otherwise provided, of turnpike road corporations, as is or may be provided by the general statutes of this State. § 3. This act shall take effect immediately. CHAP. 491. AN ACT ratifying and confirming a resolution passed by the board APPROVED by the Governor June 14, 1889. Passed, three-fifths being present SECTION 1. The resolution heretofore, and on or about December fourteenth one thousand eight hundred and eighty-eight, passed by board of supervisors of Onondaga county, of which the following is in substance a copy, namely: Resolved, that the county treasurer, in case the claim against excounty treasurer Merriam (in the Wilkinson matter) is not realized from in time to meet demands for county expenses during the current year, be and he is hereby authorized to borrow, on the credit of the county, at any time after the first day of May next, a sum not to exceed thirty-two thousand two hundred and sixty dollars and seventy cents, at the best rate of interest obtainable, not to exceed five per centum per annum, is hereby ratified and confirmed, and made of full force and effect as to the object and purposes as set forth in said resolution and the authority therein given to the treasurer of the county of Onondaga. §2. This act shall take effect immediately. CHAP. 492. AN ACT to establish a State naval militia. APPROVED by the Governor June 14, 1889. Passed, three-fifths being present. enrollment tricts of SECTION 1. When in conformity with article second of chapter two Naval hundred and ninety-nine of the laws of one thousand eight hundred militia, and eighty-three, entitled "An act to provide for the enrollment of of, in certhe militia, for the organization and government of the National Guard tain disof the State of New York, and for the public defense, and entitled the State. Military Code," an enrollment of persons subject to military duty shall be made, there shall be separately enrolled, and designated as the naval militia in such districts as the Commander-in-Chief may designate, all Persons, seafaring men of whatever calling or occupation, and all men engaged subject to in the navigation of the rivers, lakes and other waters, all persons engaged in the construction and management of ships and crafts or any part thereof upon such waters, together with ship-owners and their employces, yacht owners, members of yacht clubs, and all other associations for aquatic pursuits, and all ex-officers and former enlisted men of the navy. enrollment. militia, by § 2. In addition to the organized militia at present authorized by Battalions, the Military Code, there may be allowed the following battalions of of naval naval militia, organized by voluntary enlistment from persons liable voluntary to be enrolled in the naval militia and from others, for the defense of enlistthe coast and harbors, viz.: ment. Three battalions of naval reserve artillery, and a naval reserve tor- Naval repedo corps to consist of not more than four companies, which may be serve artilorganized into a battalion. lery-and torpedo Officers of §3. The naval militia shall be commanded by an officer with the corps. rank of captain, who shall have the power to appoint a staff consisting naval of: Adjutant-general, chief of staff, with the rank of commander; an militia. assistant adjutant, with the rank of lieutenant commander; an ordnance officer, with the rank of lieutenant; a paymaster, with the rank of lieutenant, a commissary, with the rank of lieutenant; a medical officer, with the rank of lieutenant; a secretary, with the rank of junior lieutenant; and a personal aid to captain commanding with the rank of ensign. |