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in any town or city, on complaint and satisfactory proof by a wife, that her husband is an habitual drinker of intoxicating liquors, to issue written notices to all dealers in intoxicating liquors against whom such complaint is made, forbidding the sale or giving of such liquor to such husband for the term of six months from the date of the notice, under a penalty of fifty dollars, with costs, for each and every sale or giving of such liquor, after such notice shall have been given; to be sued for in her own name and for her own use. It shall be the duty of such magistrates and overseers of the poor to forbid the sale in like manner in all cases when a husband shall make like satisfactory proof concerning the wife, and all the provisions of this section shall apply the same in either case. It shall be the duty of magistrates and overseers of the poor, when like proof is made by a parent concerning a child, who is a minor under the age of twentyone years, or of a child concerning a parent, to forbid the sale in like manner; and all the provisions of this act shall apply as in other cases named above.'

magis

trates and overseers

of poor.

drunkards

pers.

§ 20. It shall not be lawful, under the provisions of this act, to Habitual sell intoxicating liquors to any person guilty of habitual drunken- and pauness, nor to any person against whom the seller may have been notified by parent, guardian, husband or wife, from selling intoxicating liquors, and every party so selling or retailing intoxicating liquors, shall, on proof thereof, before any court or* competent jurisdiction, be deprived of his license to sell, and shall not be allowed a renewal of said license, and in addition, on conviction, shall be punished by a fine of not less than twenty dollars, nor more than fifty dollars for each and every violation of the provisions herein set forth. If any inn, tavern, or hotel keeper, or any other person or persons whatsoever, knowingly (outside of any poor-house), shall sell or give to any pauper or inmate of any poor-house or alms-house, strong or spiritu ous liquors, or wines, such person or persons so offending shall be fined twenty-five dollars, and be guilty of a misdemeanor, and on conviction shall be imprisoned not more than sixty days.

[L. 1857, ch. 628, §§ 19 and 20 (4 Edm., 52). See L. 1878, ch. 109.]

499

Commissioners of excise to

be elected.

Their duties.

Compensation.

CHAP. 444.

AN ACT to create a board of excise in the several towns of this State.

PASSED May 4, 1874; three fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. At the annual town meetings in the several towns in this State, held next after the passage of this act, there shall be elected in the same manner as other town officers are elected, three commissioners of excise, who, while acting as such commissioners, shall not hold either of the offices of supervisor, justice of the peace, or town clerk, the office of president or trustee of any incorporated village, and who shall compose the board of excise of their respective towns, and discharge the duties imposed upon the supervisor and justices of the peace of towns, and the president and trustees of incorporated villages thereof, by chapter one hundred and seventy-five of the laws of eighteen hundred and seventy, and laws amendatory thereof and supplementary thereto; and shall be entitled to receive compensation at the rate of three dollars per day, while in session, as a board of excise, which shall be a town charge; except in the counties where the moneys received by said board are paid into the county treasury as hereinafter provided, when it shall be a county charge. The commissioners first elected under this act first elect shall be classified by lot, under the superintendence of the supervisor, the justice of the peace having the shortest time to serve, and the town clerk, or a majority of such officers, who shall meet at the office of the town clerk of their respective towns, for such purpose, within ten days after such town meeting, and the persons drawing for one, two and three years shall serve for such terms respectively; and annually thereafter one commissioner of excise shall be elected for a term of three years. Vacancies occurring in annually. said boards, from any cause, shall be filled by appointment by the Vacancies. supervisor and justices of the peace of said town, or a majority of them, until the next annual town meeting, when such vacancy shall be filled by election.

Commissioners

ed to be classified.

One commissioner to be

elected

[L. 1874, ch. 444, § 1 (9 Edm., 919).]

THE GENERAL REPEALING ACT OF 1880.

CHAP. 245.

AN ACT repealing certain acts and parts of acts.

PASSED May 10, 1880.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The following acts and parts of acts heretofore passed

by the legislature of the State are hereby repealed, namely:

1. Of the first part of the Revised Statutes:

Repeal of portions of R. S.,

(1.) Title fourth of chapter fifth; except sections fourteen and fif- Part 1. teen and article fourth thereof.

(2.) The following portions of chapter eighth : Sections ten to fourteen, both inclusive, of title fifth.

All of title seventh.

(3.) Titles twelfth and thirteenth of chapter ninth.

(4.) The final clause of section four of title fourth of chapter eighteenth, beginning with the words, "and whenever any incorporated company shall have remained".

2. Of the second part of the Revised Statutes:

(1.) The following portions of chapter first:

Sections eighteen to twenty-four, both inclusive, of title third.
Sections four, five and six of title fourth.

Section three, and sections five to nine, both inclusive, of title fifth.

(2.) The following portions of chapter fifth:

All of title first, except article eighth thereof.
All of title second.

Id., R. S.,
Part II.

MANUAL

Id., R. S.,
Part III.

(3.) The following portions of chapter sixth :

All of title first, except sections one, two, three, four, five, twentyone and twenty-two, sections forty to fifty-three, both inclusive, and sections sixty-nine, seventy and seventy-one thereof.

All of title second, except sections three, four, five, fifteen, sixteen, twenty-two, twenty-seven, twenty-eight, twenty-nine, thirty-two, thirty-three, thirty-four and sixty thereof.

The following portions of title third, namely: Sections seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, thirty-one, thirty-two and thirty-eight; the concluding portion of section thirty-nine, beginning with the words "but may prove such notice"; sections forty to forty-two, both inclusive; sections fifty-two to fiftysix, both inclusive; the concluding portion of section fifty-eight, as amended by chapter three hundred and sixty-two of the laws of eighteen hundred and sixty-three, beginning with the words: "But if the personal estate"; all of sections fifty-nine to seventy-four, both inclusive, and sections eighty, eighty-one, eighty-two and eightythree.

All of title fourth, except sections fifty-five and fifty-eignt thereof. All of title fifth, except sections one to six, both inclusive, and section twenty-three thereof.

4. The following portions of chapter eighth :

All of title first, except article first thereof, and section fortynine thereof.

All of title third, except sections one, two, three, twenty and twenty-one thereof.

3. The third part of the Revised Statutes, except the following portions thereof:

(1.) Of chapter first:

Articles first and second of title first.

Sections twenty-eight to forty-four, both inclusive, of title fourth, Sections four, five, six, seven, twenty-one, twenty-four, twentyfive, twenty-seven, twenty-eight and twenty-nine of title fifth; so much of section twenty as fixes the places where the courts of common pleas and general sessions shall be held; and so much of sections eleven and fourteen thereof as relate to courts of general sessions.

(2.) Of chapter second:

Sections twenty-three, twenty-four, two hundred and thirty-one, two hundred and sixty-eight, two hundred and sixty-nine and two hundred and seventy of title fourth.

(3.) Of chapter third:

Sections forty, forty-one, forty-four, forty-five and forty-eight, and sections fifty-four to sixty-one, both inclusive, of title second. (4.) Of chapter seventh:

Sections sixty-three to seventy, both inclusive, of title third. (5.) Of chapter eight:

Sections one, two, eleven, seventeen and eighteen of title third.

The following portions of title fourth, namely: Section forty-two, which is hereby made applicable to a permanent receiver appointed as prescribed in section seventeen hundred and eighty-eight of the Code of Civil Procedure; sections sixty-six to eighty-nine, both inclusive, which are hereby made applicable to a receiver appointed as prescribed in section twenty-four hundred and twenty-nine of the Code of Civil Procedure; and sections one hundred and two to one hundred and six, both inclusive.

All of title eleventh.

All of title sixteenth.

Sections twenty-seven, twenty-eight, twenty-nine, thirty, thirtytwo and thirty-five of title seventeenth.

(6.) Of chapter tenth :

Sections one, forty-one, forty-two and fifty-one of title third.
Sections one, two and four of title fourth.

4. The act entitled "An act to simplify and abridge the prac tice, pleadings and proceedings of the courts of this State ", passed April twelfth, eighteen hundred and forty-eight; being chapter three hundred and seventy-nine of the laws of eighteen hundred and forty-eight, and the act amending the same, being chapter four hundred and thirty-eight of the laws of eighteen hundred and fortynine, otherwise called the Code of Procedure.

5. Of the revised laws of eighteen hundred and thirteen: The following portions of chapter eighty-six, entitled "An act to reduce several laws, relating particularly to the city of New-York, into one act", passed April ninth, eighteen hundred and thirteen,

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