Chap. 548. AN ACT to amend the penal code by adding a section to be known as section one hundred and eighty-three-a, relative to murder in the first degree. Became a law May 18, 1897, with the approval of the Governor. Passed, a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The penal code is hereby amended by adding thereto the following section, to be known as section one hundred and eighty-three-a: § 183a. Murder in the first degree - A person who wilfully, by loosening, removing or displacing a rail, or by any other interference, wrecks, destroys or so injures any car, tender, locomotive or railway train, or part thereof, while moving upon any railway in this state, whether operated by steam, electricity or other motive power, as to thereby cause the death of a human being, is guilty of murder in the first degree, and punishable accordingly. § 2. This act shall take effect immediately. Chap. 549. AN ACT to amend section four hundred and eighty-nine of the penal code, relating to the punishment of arson. Became a law May 18, 1897, with the approval of the Governor. Passed, a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section four hundred and eighty-nine of the penal code is hereby amended so as to read as follows: § 489. Arson, how punished.- Arson is punishable as follows: 1. In the first degree, by imprisonment for a term not exceeding forty years. 2. In the second degree, by imprisonment for a term not exceed ing twenty-five years. 3. In the third degree, by imprisonment for a term not exceed ing fifteen years. § 2. The penalties above prescribed shall, however, only apply to offenses committed after the taking effect of this act. Nothing Vol. I 82 herein contained shall in any manner affect or impair any liability or punishment incurred prior to the time this act takes effect, under or by virtue of the then existing provisions of the section hereby amended, and all offenses of arson committed before that time shall be punishable according to such previously existing provisions, as fully, and in the same manner, as though this act had not been passed. § 3. This act shall take effect September first, eighteen hundred and ninety-seven. Jurisdiction to hear claims. Appeals from award. Chap. 550. AN ACT conferring jurisdiction upon and authorizing the board Became a law May 18, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Jurisdiction is hereby conferred upon the board of claims, to hear, audit and determine the claim of John J. Corkery against the state of New York, for personal injuries received by him in the year eighteen hundred and seventy-eight, at the city of Auburn, New York, while tending target for rifle practice for the Forty-ninth regiment of the national guard of the state of New York, wherein and whereby the said John J. Corkery lost his right eye, and partially lost the sight of the left eye, and for loss of time, and for expenses incurred by him in endeavoring to preserve sight in the left eye, and to make an award therefor not exceeding six thousand dollars, as if such claim had accrued within two years from the time of such hearing. § 2. Either party may take an appeal to the third appellate division of the supreme court from any award made under authority of this act, provided such appeal be taken by service of a notice of appeal within thirty days after service of a copy of the award. § 3. This act shall take effect immediately. Chap. 551. AN ACT legalizing town and village elections held since January Became a law May 18, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. The town and village elections held since January Elections legalized. first, eighteen hundred and ninety-seven, and the election of officers thereat, are hereby legalized and confirmed and shall be of the same force and effect as though certificates of nomination of candidates voted for thereat had been regularly filed as required by law, and the official acts of persons elected as town or village officers at such elections performed since their election are also legalized, ratified and confirmed and shall be of the same force and effect as though the certificates of nomination which made them candidates at such elections had been regularly filed as required by law. § 2. This act shall take effect immediately. Chap. 554. AN ACT to amend chapter three hundred and thirty-eight of the Became a law May 18, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and tural law Section 1. Section thirty-seven of chapter three hundred and Agricul thirty-eight of the laws of eighteen hundred and ninety-three, en- amended. titled "An act in relation to agriculture, constituting articles one, two, three, four and five of chapter thirty-three of the general laws," is hereby amended so as to read as follows: of law. 37. Every person violating any of the provisions of this article violations shall forfeit to the people of the state of New York the sum of not exceeding one hundred dollars for every such violation. When such violation consists of the manufacture or production of any prohibited article, each day during which or any part of which such manufacture or production is carried on or continued, shall be deemed a separate violation of the provisions of this article. When the violation consists of the sale, or the offering or exposing for sale or exchange of any prohibited article or substance, the sale of each one of several packages shall constitute a separate violation, and each day on which any such article or substance is offered or exposed for sale or exchange, shall constitute a separate violation of this article. When the use of any such article or substance is prohibited, each day during which or any part of which said article or substance is so used or furnished for use, shall constitute a separate violation, and the furnishing of the same for use to each person to whom the Penalties. same may be furnished shall constitute a separate violation. Who Penal code amended. ever by himself or another violates any of the provisions of article two of said chapter, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars, nor more than two hundred dollars, or by imprisonment of not less than one month nor more than six months or by both such fine and imprisonment, for the first offense; and by six months imprisonment for the second offense; and any person who violates any of the provisions of article three of said chapter, is guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars, nor more than one hundred dollars; and in addition thereto shall forfeit to the people of the state of New York, the sum of one hundred dollars for every such violation. § 2. Section four hundred and eight-a of the penal code is hereby amended so as to read as follows: § 408a. Violations of the agricultural law.-Any person who disregards, disobeys or violates any proclamation, notice, order or regulation, lawfully issued or prescribed by the commissioner of agriculture, for the suppression or prevention of the spread of infectious or contagious diseases among domestic animals, or who violates any of the provisions of sections eighty and eighty-two of article five of the agricultural law, is guilty of a misdemeanor 3. This act shall take effect immediately. Chap. 558. AN ACT for the improvement of the Cayuga and Seneca canal Became a law May 19, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and ment of Section 1. The superintendent of public works is hereby author- Improveized and directed to improve the channel of the Cayuga and Seneca canal. canal by dredging and excavating from the terminus of said canal at Seneca Lake at Geneva, New York, to a point at the intersection of said canal with the outlet of Seneca lake. § 2. The work shall be done in accordance with plans and specifi- Plans, etc. cations furnished by the state engineer and surveyor. ation. § 3. The sum of ten thousand dollars, or so much thereof as is approprinecessary, is hereby appropriated out of any moneys in the treasury of the state not otherwise appropriated, to carry into effect the provisions of this act. § 4. This act shall take effect immediately. Chap. 559. AN ACT making an appropriation to provide means for drainage of lands in the town of Wheatfield, in the county of Niagara, by deepening and improving Cayuga creek and its tributaries. Became a law May 19, 1897, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ation. Section 1. The sum of five thousand dollars, or so much thereof Appropri as may be necessary, is hereby appropriated for the purpose of clearing out, deepening and improving the channel of Cayuga creek and the tributaries thereto, and providing means for drainage where necessary in the town of Wheatfield, in the county of Niagara, in order to drain land in said town overflooded by back water at spring, summer and fall flood, occasioned by the erection of a state dam for canal purposes across Tonawanda creek, and by the construction of state ditches. |
