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of places of amusements, etc.

CHAP. 305.

AN ACT to amend chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages."

PASSED June 6, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Title three, section three, subdivision fourteen of chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages," passed April twenty, eighteen hundred and seventy, is hereby amended by Regulation adding after the words "public grounds," so that it shall read: to regulate and prevent any act, amusement or practice endangering property or person on the streets or sidewalks or public grounds. And to require the owner or lessee of any public hall or opera house, before being let for public use, to obtain from such board of trustees a written annual permit, which shall be granted, provided such hall or opera house has suitable and safe means of ingress and egress in case of panic or fire, but not otherwise, provided in such case no liability shall be incurred by such village by reason of such license or permit. § 2. This act shall take effect immediately.

Proceed

minish

capital stock.

CHAP. 306.

AN ACT to amend chapter two hundred and sixty-four of the laws of eighteen hundred and seventy-eight, entitled "An act to authorize corporations organized under the laws of this state to reduce their capital stock."

PASSED June 6, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section three of chapter two hundred and sixty-four of the laws of eighteen hundred and seventy-eight, entitled "An act to authorize corporations organized under the laws of this state to reduce their capital stock," is hereby amended so as to read as follows:

§ 3. If at the time and place specified in the notice provided for ings to di- in the preceding section of this act, the stockholders shall appear in person or by proxy, in numbers representing not less than twothirds of all the shares of stock of the corporation, they shall organize by choosing one of the trustees chairman of the meeting, and also a suitable person for secretary, and proceed to a vote of those present in person or by proxy; and if, in canvassing the votes, it shall be found that a sufficient number of votes has been given in favor of diminishing the amount of capital, a certificate of the proceedings showing a compliance with the provisions of this act, the amount of capital actually paid in, the whole amount of debts and liabilities of the company, and the amount to which the capital stock shall be diminished shall be made, signed and verified by the chairman, and such certificate shall be acknowledged by the chairman, and filed in the

to be

office of the clerk of the county in which the business of the company Certificate shall be carried on, and a duplicate thereof in the office of the secre- acknowltary of state, with the approval of the comptroller indorsed thereon, edged and to the effect that the reduced capital is sufficient for the proper purposes of the company, and is in excess of all debts and liabilities of the company, exclusive of debts secured by trust mortgages, and that the actual market value of the stock of the company prior to the reduction of the capital was less than the par value of the same, and when so filed, the capital stock of such corporation shall be reduced to the amount specified in such certificate and the amount of capital left in the possession of the company over and above the amount to which the capital shall be so reduced shall be returned to the stockholders pro rata at such times and in such manner as the trustees or directors shall determine.

§ 2. This act shall take effect immediately.

CHAP. 307.

AN ACT to amend chapter nine hundred and twelve of the laws of eighteen hundred and sixty-seven, entitled "An act authorizing the election of a police justice in the village of Fishkill Landing, the building of a jail, and appointing police officers therein, and keeper of jail."

PASSED June 6, 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 two of chapter nine hundred and twelve of the laws of eighteen hundred and sixty-seven, entitled "An act authorizing the election of a police justice in the village of Fishkill Landing, the building of a jail, and appointing police officers therein, and keeper of jail," is hereby amended to read as follows:

2. Such police justice shall, except as hereinafter provided, have Jurisdic exclusive jurisdiction in said village to issue all warrants, hear and tion. determine all complaints, and conduct all examinations and trials in criminal cases, that may by law be had by a justice of the peace, or before a court of special sessions, and shall have the same power and jurisdiction in such criminal cases, and be subject to the same duties and liabilities as justices of the peace now have, or which may hereafter be conferred on justices of the peace by law, and shall have exclusive juisdiction in all cases of violation of ordinances of the village of which he is police justice.

§ 2. Section nine is hereby amended so as to read as follows:

9. The said police justice shall receive for his services an annual Salary. salary of seven hundred dollars, and shall not retain to his own use any costs or fees, and the said salary shall be a charge upon the town of Fishkill, and shall be audited and allowed in the same manner as other town charges are.

§3. Section thirteen is hereby amended so as to read as follows: 13. All fines received by said police justice, in suits for violation Fines to of the ordinances and by-laws of said village, shall be paid over to the treasurer of said village, upon their receipt by said police justice, and

be paid treasurer.

Governor

may require board to examine into nuis

ances

affecting

public

health.

all fines other than those for a violation of village ordinances shall be paid the same as provided for justices of the peace.

4. This act shall take effect immediately.

CHAP. 308.

AN ACT to amend section eight of chapter three hundred and twenty-two of the laws of eighteen hundred and eighty, entitled" An act to establish a state board of health."

PASSED June 6, 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 eight of chapter three hundred and twenty-two of the laws of eighteen hundred and eighty, entitled "An act to establish a state board of health," is hereby amended so as to read as follows:

§ 8. At any time the governor of the state may require the state board of health to examine into nuisances affecting the security of life and health in any locality, and in such cases said board of health shall have all necessary powers to make such examinations, and it shall report the results thereof to the governor, within the limits of time prescribed for such examination and report. The report of such examination, when approved by the governor, shall be filed in the office of the secretary of state, and the governor may, in relation to proved to things found and certified by the said board of health to be nuisances, declare them to be public nuisances, and order them to be changed, as he shall direct, or abated and removed. And such order shall be sumptive presumptive evidence of the existence of such nuisance, and all persons evidence. maintaining, or assisting to maintain, or aiding and abetting, in any

Report when ap

be filled,

etc.

Order to be pre

may re

quire

officers to

enforce order.

manner, in the maintenance of such nuisance, after notice of such order, shall be guilty of a misdemeanor, punishable by fine not to exceed one thousand dollars, or imprisonment in the county jail of the county in which such nuisance is maintained, not to exceed one year, or by both Governor such fine and imprisonment. In such cases, when such order has been made, the governor may, by his further order in writing, certified under his official seal, require the district attorney, the sheriff, and the other officers of every such county to take all necessary measures to execute and to obey the order of the governor; and any act of any such county officers in the abatement of any such nuisance, so declared, which shall be reasonable or necessary for the execution of such purpose, shall be lawful and justifiable, and the order of the governor shall be their protection. The expense of the abatement of such nuisance charge or shall be paid by the county in which such nuisance occurs, and such property. expense shall be a charge or a lien upon the lands maintaining such nuisance, and shall be a valid claim on behalf of said county against all persons maintaining the same, or assisting in the maintenance Collection thereof; and the lien and claim thus created may be collected by action to recover against either or all of the persons liable to pay the same, and may also be enforced by action to enforce the lien upon the lands maintaining the nuisance, by a sale thereof, to satisfy the same. § 2. This act shall take effect immediately.

Expense

lien upon

of.

CHAP. 309.

AN ACT to amend section one of chapter forty of the laws of eighteen hundred and forty-eight, entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical, chemical, agricultural, horticultural, medical or curative, mercantile or commercial purposes," as subsequently modified and amended.

PASSED June 6, 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 of chapter forty of the laws of eighteen hundred and forty-eight, entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical, chemical, agricultural, horticultural, medical, curative, mercantile or commercial purposes," as heretofore amended and modified, is hereby amended so as to read as follows:

corporate

and pur

§ 1. At any time hereafter any three or more persons who may de- Corposire to form a company for the purpose of carrying on any kind of rators, and manufacturing, mining, mechanical or chemical business or the busi- objects ness of printing, publishing or selling books, pamphlets or newspapers, poses. or the business of making butter, cheese, concentrated or condensed milk, or any other products of the dairy, or the business of erecting buildings for church sheds or laundry purposes, and the carrying on of laundry business, or the business of slaughtering animals, or for the purpose of towing or propelling canal boats, vessels, rafts or floats on the canals and navigable rivers of the state of New York by animal or steam power, their operations not to be confined to the county in which their certificates shall be filed, or the supplying of hot water or hot air or steam for motive power, heating, cooking or other useful applications in the streets and public and private buildings of any city, village or town in this state, may make, sign and acknowledge Certificate, before some officer competent to take the acknowledgment of deeds, ing of, and file in the office of the clerk of the county in which the business of the company shall be carried on, and a duplicate thereof in the office of the secretary of state, a certificate in writing in which shall be stated the corporate name of the said company and the objects for which the company shall be formed, the amount of the capital stock of said company, the time of its existence (not to exceed fifty years), the number or shares of which the said stock shall consist, the number of trustees and their names who shall manage the concerns of said company for the first year, and the name of the town and county in which the operations of the said company are to be carried on. § 2. This act shall take effect immediately.

etc.

To license
hacks,
etc.

Boundaries of village.

CHAP. 310.

AN ACT to amend chapter two hundred and forty-nine of the
laws of eighteen hundred and sixty four, entitled "An act
to amend an act entitled 'An act to provide for the incor-
poration of villages, passed December seventh, eighteen
hundred and forty-seven, and the several acts amendatory
thereof, so far as the same relate to the village of New Roch-
elle, in the county of Westchester,'" and the several acts
amendatory thereof.
PASSED June 6, 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 of title three of chapter two hundred and forty-nine of the laws of eighteen hundred and sixty-four, entitled "An act to amend an act entitled 'An act to provide for the incorporation of villages, and the several acts amendatory thereof, so far as the same relate to the village of New Rochelle, in the county of Westchester," and the several acts amendatory thereof, is hereby amended by adding thereto a subdivision numbered twenty-one and to read as follows:

21. To license and regulate hacks, stages, omnibuses, carriages, public conveyances, hucksters and public venders of goods, wares and merchandise, and determine the fees therefor.

§ 2. This act shall take effect immediately.

CHAP. 311.

ANCT to amend chapter two hundred and fifty-eight of the laws of eighteen hundred and sixty-four, entitled "An act to amend and consolidate the several acts in relation to the charter of the village of Penn Yan."

PASSED June 6, 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 of title one of chapter two hundred and fifty-eight of the laws of eighteen hundred and sixty-four, entitled "An act to amend and consolidate the several acts in relation to the charter of the village of Penn Yan," is hereby amended so as to read as follows:

§ 1. All that district of country hereinafter described shall be known and distinguished by the name of the village of Penn Yan, that is to say: All that part of the towns of Jerusalem, Milo and Benton, in the county of Yates, bounded as follows: Beginning at the south-west corner of Lake View cemetery, on the north side of the highway leading from said village of Penn Yan to the village of Branchport; thence south, eleven and one-half degrees cast, forty-nine chains, to a post in the south line of lands of Charles D. Welles; thence along said south line, and in a direct line therewith, south, eighty-two degrees east, nine chains and thirty-eight links; thence easterly, to and

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