commitment, make an order directing such discharge, or until upon of children to at least five days' written notice to said board commissioners, it shall be returned by such institution to the committing magistrate, court or officials, as the case may be, on the stated ground that, in the opinion of said institution, such child is an improper subject for its further custody or care. In the event of any child being returned to Return of the committing magistrate, court or officials, for the reason last commiting stated, the action of such institution in so returning it shall not trate. be open to review, and a new warrant or order of commitment of such child may thereupon be made, or such child may be dis charged, or such other disposition may be made of it as, in the opinion of said committing magistrate, court or officials may be just and proper. magis. not af fected § 4. This act is hereby declared to be a public act, but nothing Provisions herein contained shall be construed to alter or to affect any provision of chapter one hundred and seventy-two of the laws of eighteen hundred and sixty-five, or of chapter four hundred and thirty-nine of the laws of eighteen hundred and ninety-two. § 5. This act shall take effect immediately. Chap. 712. AN ACT to amend chapter two hundred and seven of the laws of eighteen hundred and fifty-one, entitled "An act declaring Moose river, together with the north and south branches thereof, in the state of New York, a public highway, and regulating the passage of logs and timber down the same." BECAME a law May 16, 1894, 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: amended. Section 1. Section four of chapter two hundred and seven of Act the laws of eighteen hundred and fifty-one, entitled "An act declaring Moose river, together with the north and south branches thereof, in the state of New York, a public highway, and regulating the passage of logs and timber down the same," is hereby amended so as to read as follows: 4. Persons desirous of floating logs or timber down the said stream may construct a chute or apron in connection with any Constru tion of chutes, booms, etc., in river, damages. dam across said stream, and may reconstruct any booms already constructed, or hereafter to be constructed in, over and across said stream, in such manner as to allow logs and timauthorized. ber to pass by the same, doing no unnecessary damage to the Payment of owner or occupants of said boom, and paying to such occupant or owner all damages that he or they may sustain by reason of the floating of logs and timber, or the alteration of dams or booms, said damages to be ascertained by three commissioners to be appointed by the supreme court, as provided for in the condemnation law, on the application of either party, and notice of ten days to the other party, unless the parties can agree; nor shall Rights not this act be construed to impair or abridge any private or individual rights in the construction of bridges, dams or booms across said river, except so far as is necessary for the improvement of said river and floating logs and timber down the same. 2. This act shall take effect immediately. affected. Owners may file instrument of dis claimer and abandonment. Effect of Chap. 713. AN ACT to enable owners of lands which have been subdivided by map into lots or plots to disclaim and abandon the subdivision thereof. BECAME a law May 18, 1894, 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: Section 1. Whenever any tract of land in this state has been, for ten years subdivided into lots, plots or sites, and a map thereof has been filed and recorded in the office of any county clerk or register of deeds in this state, the owner or owners of such tract of land, or part thereof, may file in the office in which said map may have been filed and recorded an instrument in writing under his or their hand, describing the land owned by him or them, and giving the name or title of said map, and thereby disclaim and abandon such subdivision in so far as the same affects or subdivides the land owned by him or them; and thereupon such subdivision shall be deemed to be abandoned and of no effect; and from and after the filing of such instrument the land described therein shall for all purposes be regarded as having never been subdivided. instrument. § 2. That whenever an instrument of disclaimer and abandon- Record of ment shall have been filed as aforesaid, the officer in whose office the same shall have been filed shall record the same, and shall Indorseindorse the filing thereof upon the map described in such instru- map. ment. ment on tions. § 3. The provisions of this act shall not apply to the counties Exemp of Clinton, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Lewis, Oneida, Rockland, Saratoga, Saint Lawrence, Sullivan, Ulster, Warren and Washington, nor to any street or streets which have been dedicated to the public by filing any map or maps. 4. This act shall take effect immediately. Chap. 714. AN ACT to amend the penal code as amended by chapter six hundred and ninety-three of the laws of eighteen hundred and ninety-two, relative to elections. BECAME a law May 19, 1894, 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: mutilation, Section 1. Section forty-one-e of the penal code, as amended by chapter six hundred and ninety-three of the laws of eighteen hundred and ninety-two, is hereby amended so as to read as follows: § 41e. Removal, mutilation or destruction of election booths, Removal, supplies, poll-lists or cards of instruction.— Any person who: etc., of 1. During an election or town meeting, willfully defaces or booths, supplies, injures a voting booth or compartment, or willfully removes or destroys any of the supplies or other conveniences placed in the voting booths or compartments in pursuance of law; or, 2. Before the closing of the polls, willfully defaces or destroys any list of candidates to be voted for at such election or town meeting, posted in accordance with the election law; or, 3. During an election or town meeting, willfully removes or defaces the cards for the instruction of voters, posted in accordance with the election law, is guilty of a misdemeanor. § 2. Section forty-one-i of the penal code, as amended by said chapter, is hereby amended so as to read as follows: election etc. Misconduct of election officials and watchers. Misde meanors in relation to elections. § 41i. Misconduct of election officers and watchers.- Any election officer or watcher who: 1. Reveals to another person the name of any candidate for whom a voter has voted; or, 2. Communicates to another person his opinion, belief or impres sion as to how or for whom a voter has voted; or, 3. Places a mark upon a ballot, or does any other act by which one ballot can be distinguished from another, or can be identified; or, 4. Before the closing of the polls, unfolds a ballot which a voter has prepared for voting, is punishable by imprisonment for not less than six months nor more than one year. § 3. Section forty-one-k of said penal code, as amended by said chapter, is hereby amended so as to read as follows: $41k. Misdemeanor in relation to elections.-Any person who: 1. Acts as an inspector of election, poll clerk or ballot clerk, without being able to read and write the English language, or without being otherwise qualified to hold such office; or, 2. Being an inspector of election, knowingly and willfully permits or suers any person to vote who is not entitled to vote thereat; or, 3. Willfully and unlawfully obstructs, hinders or delays, or aids or assists in obstructing or delaying any elector on his way to a registration or polling place, or while he is attempting to register or vote; or, 4. Electioneers, on election day, within a polling place, or in a public street or room, or in any public manner, within one hundred and fifty feet of a polling place; or, 5. Removes any official ballot from a polling place before the closing of the polls; or, 6. Unlawfully goes within the guard-rail of any polling place or unlawfully remains within such guard-rail after having been commanded to remove therefrom by any inspector of election; or, 7. Enters a voting booth with any voter or remains in a voting booth while it is occupied by any voter, or opens the door of a voting booth when the same is occupied by a voter, with the intent to watch such voter while engaged in the preparation of his ballot, except as authorized by the election law; or, S. Being or claiming to be a voter, permits any other person to be in a voting booth with him while engaged in the preparation of his ballot, except as authorized by the election law, without openly protesting against and asking that such person be ejected; or, 9. Having lawfully entered a voting booth with a voter, requests, persuades or induces such voter to vote any particular ballot or for any particular candidate, or, directly or indirectly, reveals to another the name of any candidate voted for by such voter, or anything occurring within such voting booth; or, 10. Shows his ballot after it is prepared for voting, to any person so as to reveal the contents, or solicits a voter to show the same; or, 11. Places any mark upon his ballot, or does any other act in connection with his ballot with the intent that it may be identified as the one voted by him; or, 12. Places any mark upon, or does any other act in connection with, a ballot or paster ballot, with the intent that it may afterwards be identified as having been voted by any particular person; or, 13. Receives an official ballot from any person other than one of the ballot clerks having charge of the ballots; or, 14. Not being a ballot clerk, delivers an official ballot to a voter; or, 15. Not being an inspecor of election, receives from any voter a ballot prepared for voting; or, 16. Fails to return to the ballot clerks, before leaving the polling place or going outside the guard-rail, each ballot not voted by him; or, 1 17. Willfully disobeys any lawful command of the board of inspectors, or any member thereof, is guilty of a misdemeanor. This section shall apply to general and spe cial elections, municipal elections and town meetings, but nothing therein shall prevent any person from receiving or delivering an unofficial sample ballot, or from receiv ing, delivering and voting an unofficial ballot as authorized by the election law. § 4. Section forty-one-p of the penal code, as amended by said chapter, is hereby amended so as to read as follows: § 41p. Any person who directly or indirectly, by himself or Giving con through any other person: sideration for franchise. |