Courts by whom held. Causes, how transferred. Electors may vote town site. and to declare the special and local laws affecting public interests in the city of New York," is hereby amended so as to read as follows: § 1292. The justice elected in each district must hold the court therein, or if his office be vacant, or if he be absent from the usual place of holding his court, or unable from illness to hold the same, it may be held by a justice elected in another district, and whenever the justice fails to attend, the clerk may adjourn in the same manner as the justice might have done. If at any time before or after the trial has actually commenced it shall appear to the satisfaction of the justice that he is a necessary witness on the trial of the cause, or otherwise disqualified to try the same, he shall by an order entered in the cause, order the papers in the same to be transferred to a district court for an adjoining district, and the latter court shall then have jurisdiction to hear and try the same. § 2. This act shall take effect immediately. CHAP. 135. AN ACT to amend section one of chapter one hundred and ninety- APPROVED by the Governor April 15, 1889. Passed, three-fifths being present. SECTION 1. Section one of chapter one hundred and ninety-seven of the laws of one thousand eight hundred and forty-seven, as amended by chapter four hundred and fifty-six of the laws of one thousand eight hundred and eighty-four, entitled "An act authorizing the erection of town-houses," is hereby amended so as to read as follows: § 1. The electors of any town of this State in which there shall not money for be a town-house, at any annual town meeting, or at a special town house and meeting called by the town clerk in the manner provided in sections seven and eight of article one, title two, chapter eleven, part one, Revised Statutes, may, by resolution, vote a sum of money for the purchase of a site for, and the building of, a town-house, or for the purpose of contributing to the erection of a building for the joint use Limitation of such town and of an incorporated village within its limits not exceeding in number of dollars four times the number of electors in such town; provided that a notice of such intention to propose such a resolution shall have been posted within fifteen days of and not less than ten days preceding said meeting, in five of the public places in said town. of expen. diture. Notice of prope posted. § 2. This act shall take effect immediately. CHAP. 136. AN ACT to authorize the cancellation of worthless accounts on the APPROVED by the Governor April 15, 1889. Passed, three-fifths being present. SECTION 1. The Comptroller is authorized by and with the consent CHAP. 137. AN ACT to transfer the management and supervision of teachers classes in academies and union schools from the Board of Regents to the Superintendent of Public Instruction. APPROVED by the Governor April 15, 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. The powers and duties conferred and imposed upon the Regents of the University by chapter four hundred and twenty-five of the laws of one thousand eight hundred and seventy-seven, and chapter three hundred and eighteen of the laws of one thousand eight hundred and eighty-two, relative to the instruction of classes in academies and union schools in the science and practice of common school teaching, are hereby transferred to the Superintendent of Public Instruction. § 2. This act shall take effect immediately. CHAP. 138. AN ACT making appropriations for the Hudson River State Hospital. APPROVED by the Governor April 15, 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. The following sums, or so much thereof as may be neces- Appropriasary, are hereby appropriated out of any money in the treasury not tions. For furnishing otherwise appropriated, to be expended under the direction of the managers of the Hudson River State Hospital, upon vouchers therefor to be approved by the Comptroller, namely: For furnishing the new new build- building authorized to be constructed by chapter three hundred and eighteen of the laws of one thousand eight hundred and eighty-six, the sum of thirty thousand dollars; for advances for maintenance of the hospital rendered necessary by the use and occupation of such new buildings, the sum of twenty-eight thousand dollars; and for the purchase of farm stock and farm implements, and for the erection of fences and other farm improvements, the sum of ten thousand dollars. § 2. This act shall take effect immediately. ing. Maintenance. Farm. Trustees of colleges, powers of. Universities or CHAP. 139. AN ACT. to amend section thirty-six of article two of title one of APPROVED by the Governor April 15, 1889. Passed, three-fifths being present. SECTION 1. Section thirty-six of article two of title one of chapter fifteen of part one of the Revised Statutes, is hereby amended so as to read as follows: § 36. The trustees of every such college, besides the general powers and privileges of a corporation, shall have power, 1. To elect, by ballot, their chairman, annually; 2. Upon the death, removal out of this State, or other vacancy in the office of any trustee, to elect another in his place, by a majority of the votes of the trustees present; 3. To declare vacant the seat of any trustee who shall absent himself from five successive meetings of the board; 4. To take and hold, by gift, grant or devise any real or personal colleges, property, the yearly income or revenue of which shall not exceed the value of two hundred and fifty thousand dollars. Every college or university incorporated under the laws of this State shall have power to take and hold property to the amount provided in this subdivision, notwithstanding that its charter may prescribe a less amount; real and personal property of. Other powers of college trustees. 5. To sell, mortgage, let, and otherwise use and dispose of such property in such manner as they shall deem most conducive to the interest of the college; 6. To direct and prescribe the course of study and discipline to be observed in the college; 7. To appoint a president of the college, who shall hold his office during good behavior; 8. To appoint such professors, trustees and other officers as they shall deem necessary, who, unless employed under a special contract, shall hold their offices during the pleasure of the trustees; 9. To remove or suspend from office the president and every professor, tutor, or other officer employed under a special contract, upon a complaint, in writing, by any member of the board of trustees, stating the misbehavior in office, incapacity or immoral conduct of the person sought to be removed, and, upon examination and due proof of the truth of such complaint, and to appoint any other person in place of the president or other officer thus removed or suspended; 10. To grant such literary honors as are usually granted by any university, college or seminary of learning in the United States, and in testimony thereof, to give suitable diplomas, under their seal and the signature of such officers of the college as they shall deem expedient; 11. To ascertain and fix the salaries of the president, professors and other officers of the college; 12. To make all ordinances and by-laws necessary and proper to carry into effect the preceding powers. § 2. This act shall take effect immediately. CHAP. 140. AN ACT to amend sections four hundred and nine and four hun- APPROVED by the Governor April 15, 1889. Passed, three-fifths being present. SECTION 1. Section four hundred and nine of the Penal Code of Crimes against the State of New York is hereby amended to read as follows: public Manufac certain § 409. A person who manufactures or causes to be manufactured, safety. or sells or keeps for sale, or offers, or gives, or disposes of any instru- turing, sellment or weapon of the kind usually known as slungshot, billy, sand- ing, etc., of club or metal knuckles, or who, in any city or incorporated village in dangerous this State, without the written consent of a police magistrate, sells or weapons. gives any pistol or other firearm to any person under the age of eighteen years, is guilty of a misdemeanor. § 2. Section four hundred and ten of the Penal Code of the State of New York is hereby amended to read as follows: ing to use, or carrying weapons, a pistol, 8410. A person who attempts to use against another, or who, Attemptwith intent so to use, carries, conceals or possesses any instrument or weapon of the kind commonly known as the slungshot, billy, sand- certain club or metal knuckles, or a dagger, dirk or dangerous knife, is guilty felony. of a felony. Any person under the age of eighteen years, who shall License for have, carry or have in his possession in any public street, highway or carrying place in any city or incorporated village in this State, without a writ- etc. ten license from a police magistrate of such city or incorporated village, any pistol or other firearm of any kind, shall be guilty of a misdemeanor. This section shall not apply to the regular and ordinary Proviso. transportation of firearms as merchandise, or for use without the city or village limits. § 3. This act shall take effect immediately. Crimes against public health. Adulter CHAP. 141. AN ACT to amend section four hundred and seven of the Penal APPROVED by the Governor April 15, 1889. Passed, three-fifths being present. SECTION 1. Section four hundred and seven of the Penal Code is amended to read as follows: 407. A person who either, 1. With intent that the same may be sold as unadulterated or undiating food, luted, adulterates or dilutes wine, milk, distilled spirits or malt liquor, or any drug, medicine, food or drink, for man or beast; or, drugs, etc. Offering for sale adulter 2. Knowing that the same has been adulterated or diluted, offers for sale, or sells the same, as unadulterated or undiluted, or without ated food, disclosing or informing the purchaser that the same has been adulterated or diluted, in a case where special provisions* has not been otherwise made by statute for the punishment of the offense; or, etc. "Canal ice," sale of, restricted. 3. Sells, or offers to sell, or stores with intent to sell, or transports with intent to sell, for any purpose other than the cooling of beer in casks, ice cut from any canal, or from the wide waters or basins of any canal, unless the ice so sold, or offered for sale, or stored or transReceptacle ported, is contained in a building, cart, car, sleigh, float or receptacle upon which is plainly marked, in Roman capital letters, not less than marked. eight inches square, the words, "Canal Ice," is guilty of a misde therefor, how meanor. CHAP. 142. Admission AN ACT to amend chapter four hundred and sixty-six of the laws APPROVED by the Governor April 15, 1889. Passed, three-fifths being present. SECTION 1. Section five of chapter four hundred and sixty-six of of pupils. the laws of one thousand eight hundred and sixty-six, entitled "An act in relation to normal schools," is hereby amended so as to read as follows: Non-resi State to § 5. All applicants for admission shall be residents of this State, or, dents of if not, they shall be admitted only upon the payment of such tuition pay tuition. fees as shall be, from time to time, prescribed by the Superintendent of Public Instruction. Applicants shall present such evidences of proficiency or be subject to such examination at the school as shall be Academic prescribed by said Superintendent. From and after the twentieth day ments, ad- of August, one thousand eight hundred and eighty-nine, it shall not mission of be lawful for any such school to receive, into any academic department depart So in the original. |