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take such persons so offending, when arrested, before some proper magistrate, to be dealt with according to law. Id., § 2.
106 Agricultural society to have access. The executive committee of the NewYork state agricultural society may have the free use of said cabinets of natural history, and all the specimens therein deposited, at any and all times, for such purpose as such committee shall desire, subject to the direction and regulations of the regents of the university: provided, that such committee shall not remove said cabinets, or any of the specimens therein deposited, from the rooms in which they shall be deposited by the regents of the university. L. 1845, c. 179, $ 2. $$1 and 3 repealed by L. 1889, c. 529, § 2, s 15.
107 Wrongful entry. A person who wrongfully and fraudulently enters any agricultural fair grounds, without paying the entrance fee, is guilty of a misdemeanor. Pen. Code, § 446.
108 Violations of agricultural law. Any person who disregards, disobeys or violates any proclamation, notice, order or regulation, lawfully issued or prescribed by the commissioner of agriculture for the suppression or prevention of the spread of infectious or contagious diseases among domestic animals, or who violates any of the provisions of sections eighty and eighty-two of article five of the agricultural law, is guilty of a misdemeanor; every person who violates any of the provisions of article two of said chapter is guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment of not less than one month nor more than six months, or by both such fine and imprisonment, for the first offense, and by six months' imprisonment for the second offense; and any person who violates any of the provisions of article three of said chapter is guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars. Pen. Code, ş 408a, added by L. 1893, c. 692, and am'd L. 1894, c. 426.
TO AGRICULTURAL SOCIETIES; see Agricultural Law, SS 88–89.
Law, S 9.
Gospel and School Lots ; State Funds, SS 78-94; University Law, SS 56–76.
AIDE-DE-CAMP OF COMMANDER-IN-CHIEF. See Constitution, S 136.
AIDING OR ABETTING. See Accessory ; Crimes, SS 6–12; Forcible Entry and Detainer, $ 1; Forgery, SS 8, 21; Kidnapping, $ 1; Rights, Bill of, & 24; Suicide, SS 4-6; University Law, $ 33.
ALABAMA, Town OF.
ALABAMA, STATE OF.
ALASKA, TERRITORY OF. See Bills, etc., $$ 12–17.
ALBANY. The Special Sessions in the City of Albany. 1 Jurisdiction. The court of special sessions in the city of Albary has jurisdiction:
1. To try and determine all cases of petit larceny charged as a first offense, and all misdemeanors, not being infamous crimes, committed within the city.
2. To take recognizances to appear before the court at a succeeding term from persons charged with a crime or misdemeanor, or triable therein.
3. To impose and enforce sentence of fine or imprisonment, or both, in the discretion of the court, in all cases within its jurisdiction, upon conviction to the same extent as the county court of the county of Albany could do in like cases. 12 N. Y. Supp. 367.
4. To punish a contempt of court in the same manner and to the same extent as the supreme court could do in like cases.
5. In cases where a jury trial is demanded by a defendant, to draw from the jury box containing the names of jurors who reside in the city of Albany, such number of names as the recorder or county judge may direct, and to require the sheriff of the county to summon the persons so drawn to appear at the time designated for trial, to impanel a jury of twelve men, to require the attendance of additional jurors and to punish a juror or witness neglecting to appear, in the same manner and to the same extent as the supreme court could do in like cases.
6. On motion of the district attorney, to issue a warrant for the arrest of a person who neglects to appear agreeably to the requirements of a recognizance to appear thereat, commanding the officer executing the same to bring the party forthwith before the court, if in session, otherwise to commit him to the common jail of the county, there to remain until delivered by due course of law. Code Crim. Pro., $ 68, as am'd L. 1882, c. 360, and L. 1895, c. 880, 8 68. 4 N. Y. Cr. R. 545; 42 Hun, 316.
2 Bail or commitment. Upon charges for offences* triable by this court, the police magistrate or any other magistrate in the city hearing the same, shall, if offered, take recognizances in the cases provided by law returnable at the court of special sessions; and all such recognizances as shall have been so taken shall be returned to and filed with the district attorney of the county of Albany. If no such recognizance be offered, the magistrate or magistrates shall commit the defendant to the common jail of the county of Albany until he shall be thence delivered in due course of law, and the trial of such person shall be had before the court of special sessions, except that where a police justice or other magistrate in this city has jurisdiction, the defendant may elect to be tried before such police justice or other magistrate. Code Crim. Pro., § 69, as am'd L. 1882, c. 360.
3 When accused to be held for trial. Whenever a person is brought before a police justice or other magistrate of the city, charged with any of the following crimes, viz.:
Petit larceny charged as a first offense, offenses against the laws relating to excise and the regulation of taverns, inns and hotels, offenses being misdemeanors against the laws relating to gameing. *
Assaults upon, and interference with, a public officer in the discharge of his duty, and it shall appear to the magistrate that the crime has been committed and that there is sufficient cause to believe the defendant guilty thereof, the magistrate must order him to be held to answer the charge before the court of special sessions. Code Crim. Pro., $ 70, as am'd L. 1882, c. 360.
4. By whom held; adjournments; officers to attend. The court of special sessions in the city of Albany must be held by the recorder of the city, with or without one or more of the justices of the peace to be associated with him. In case of the absence or inability of the recorder to act, the county judge of the county of Albany must act in his place. If the recorder and county judge are both unable, by reason of absence or other cause, to hold the court, the clerk must adjourn the court to the next following Tuesday, and continue such adjournments until the recorder or county judge attends. Not more than two officers shall be designated or appointed by the sheriff or other authority to
* So in the original.
attend the court of special sessions of the city of Albany, unless the court shall, by an order entered in its minutes, require the attendance of a greater number. Code Crim. Pro., $ 71, as am'd L. 1882, c. 360.
5 Clerk. The county clerk of Albany county is clerk of the court of special sessions of the city of Albany, and must attend the same in person or by deputy. Code Crim. Pro., § 72.
6 Court, when and where held. The court of special sessions of the city of Albany must be held at the city hall in the city of Albany, on Tuesday of each week, and may be held and continued for such length of time as it deems proper. Code Crim. Pro., § 73. For earlier Laws on this subject see Birdseye's Chronological Table of Statutes, under
L. 1872, c. 284. Provisions exclusively applicable to the Justices' Courts of Albany and Troy. Note.- Name changed to City Court of Albany and powers defined by L. 1884, c. 122.
7 Jurisdiction. The justices' court of the city of Albany, and the justices' court of the city of Troy, have jurisdiction, each within the city where the court is located, of an action, of which a justice of the peace has jurisdiction, as prescribed in sections 1737, 2861, 2862, and 2863,* of this act; and also of an action to recover a penalty, given by the charter, or a by-law or an ordinance of the common council of that city, where the plaintiff demands judgment for a sum, not exceeding two hundred dollars. Neither of those courts has jurisdiction of any other civil action; but this section does not affect the jurisdiction conferred, by the statutory provisions remaining in force after this chapter takes effect, upon either of those courts, in a special proceeding. Code Civ. Pro., § 3223. 66 How. Pr. 145; 23 N. Y. Supp. 548.
8 Same; confession of judgment. The jurisdiction of each of those courts extends also to the taking and entry of a judgment, upon the confession of a defendant, as prescribed in title sixth† of chapter nineteenth of this act, where the sum confessed does not exceed five hundred dollars. Code Civ. Pro., § 3224.
9 Docketing judgment with county clerk; transcript. The provisions of sections 3017 to 30221 of this act, both inclusive, apply to a judgment rendered in either of those courts, and to the proceedings subsequent thereto, and in the action wherein the judgment was rendered; except that the transcript, filed in the clerk's office of the county wherein the court is located, must be furnished by the clerk of the court, in which the judgment was rendered. Code Civ. Pro., § 3225.
Albany Harbor. 10 Harbor-master; limits of port. The governor shall nominate, and, with the advice and consent of the senate, appoint, some proper person harbour-master for the port of Albany. The said port of Albany shall comprehend within its limits all that portion of the Hudson river situate in front of the city of Albany, and extending northerly two miles beyond and southerly two miles below the boundaries of said city, together with all the wharves, slips and basins within the tide-water limits aforesaid, and connecting with said river. L. 1837, c. 356, § 1, as am'd L. 1866, c. 374, § 1.
11. His duties. It shall be the duty of such harbor-master to regulate and station all vessels in the Hudson river, within the limits of the said port of Albany, and the piers and wharves thereof, and to remove from time to time such sloops and other vessels as are not employed in receiving and discharging their cargoes, to accommodate others, and also to prevent sloops, canal boats and vessels of every description, from obstructing for an unreasonable time the several passages or entrances into the basin of the city of Albany. L. 1837, c. 356, § 2, as am'd L. 1866, c. 374, $ 2. * Chattels, $ 49; Justices' Courts, $$ 1-3.
† Justices' Courts, 88 154-167. * Id., 88 161-166.
12 Same: powers of; penalty for resisting. The said harbour-master shall have authority to determine how far, and in what instances, it is the duty of masters and others having charge of vessels, to accommodate each other in their respective situations; and if any master or other person having control of vessels, within the limits aforesaid, shall neglect or refuse to obey the directions of the said harbour-master in matters within his authority, or if any person whatsoever shall resist or oppose the said harbour-master in the execution of the duties of his office, such person or persons shall for every such offence forfeit and pay the sum of fifty dollars, to be recovered, with costs of the suit, in the name of the mayor, aldermen and commonalty of the city of Albany, in any court having cognizance of the same; and all monies so collected, shall be applied to the support of the poor of the said city and county of Albany. L. 1837, c. 356, § 3, as am'd L. 1866, c. 374, § 3.
13 Anchors to be on deck. All vessels shall, on coming to the wharves, take in their anchors upon deck, so as to prevent injury therefrom to other vessels; and all vessels shall rig in their jib boom on coming to the wharves. L. 1837, c. 356, § 4.
14 Removal of vessels. The harbour-master shall have power to move any vessel lying within the limits aforesaid, without any person having charge of the same, at the expense of the master or owner of the vessel. Id., § 5.
15 Fees of harbor-master. All steamboats, propellers, barges, boats or vessels · of any description which shall enter the said port of Albany, or load or unload or make fast to any wharf therein, shall pay to the said harbor master for his services under this act the sum of one and a half cents per ton per annum, said fee to be computed from the registered tonnage of such vessels if registered. Such fee shall be paid by the master, owner or consignee of such vessels to the harbor master, or to persons authorized by him to collect the same, within forty-eight hours after the arrival of such vessel, and in default thereof, if the same shall have been first duly demanded, such master, owner or consignee on whom such demand shall have previously been made, shall pay double the amount of such fees, to be sued for and recovered together with the costs in the name of the harbor master of the said port, in any court having cognizance thereof. But all boats employed in navigating the canals belonging to the state of New York, which shall only enter tide-water for the purpose of being towed out of the jurisdiction of said port, shall be exempted from the provisions of this section, but such exemption shall not apply to such boats when receiving or discharging cargoes or portions thereof in tide-water within the limits of said port, nor shall such exemption apply to boats navigating the canals of private companies or corporations. Id., § 6, as am'd L. 1866, c. 374, § 4.
16 Same: collection of; substitute. The said harbor master shall have power to employ assistance in collecting the fees chargeable under this act, and in case of his sickness, inability or absence, he shall have power by and with the consent of the mayor of the city of Albany, to appoint some proper person to act in his stead, and perform the duties of said office during such sickness, inability or absence. L. 1837, c. 356, § 7, as am’d L. 1866, c. 374, $ 7.
17. His fees for settling disputes. In case the said harbour-master is called upon to decide any disputes between the masters of vessels, as to berths, the party in fault, by the decision of the harbour-master, shall pay to the harbourmaster the sum of two dollars; and in case both parties are in fault, each shall pay the sum of one dollar. L. 1837, c. 356, § 8.
18 To report yearly. Said harbour-master shall keep an exact account of all monies received by him as such harbour-master, and shall report the same to the legislature each and every year, on or before the first day of February. Id., § 9. As to BANKS IN; see Banking Law, SS 67, 71, 72, 74; State Funds, $ 193; State Trea
surer, $ 7. BOARD OF HEALTH; see Public Health Law, $ 20. CAPITCL; see Capitol.
CHATTEL MORTGAGES; see Chattel Mortgages, SS 5, 6.
of Special Sessions, § 1, n.; Court for Trial of Impeachments, 87; Grand Juries,
76; New York, ŚS 67-73; Summary Proceedings, $ 5; Supreme Court, § 31;
Trials, 8 63. EMIGRANTS; see Emigrants, SS 78, 83, 85. FLOATING TIMBER; see Timber, SS 3-8. JAIL LIBERTIES; see Jail Liberties, s 1. LAWS RELATING TO; see Cities. LAW SCHOOL: see Attorneys, etc., $ 4. LEASES; see Real Property Law, $ 240. LEGISLATURE: see Constitution, S$ 25–45. MEDICAL COLLEGE; see Medical Societies, $ 6; University Law, SS 106, 107. NEWSPAPERS; see State Paper; Legislative Law, S 72. PENITENTIARY; see Prisons, Sš 193–197; also Birdseye's Chronological Table of Statutes, under
L. 1844, c. 152, and L. 1885, c. 261.
Buildings Law, SS 2-4.
See also Counties.
ALBANY POST ROAD.
ALBION, Town OF, IN ORLEANS County.
ALBION, Town OF, IN Oswego County.
ALDEN, Town OF.
Boards of Aldermen and Common Councils.
ACCEPTING LEGISLATIVE BILLS; see Constitution, $ 140.
TRUSTEES OF LIBRARIES; see University Law, S 39.
Also see Cities; Election Law; Tax Law.