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the offender charged in such complaint, the time, place and description of the animals, implements or other property so taken, together with the name of the party who claims the same, if known, and that the affiant has reason to believe and does believe, stating the grounds of such belief, that the same were used or employed, or were about to be used or employed, in such violation, and will establish the truth thereof upon the trial of such offender. He shall then deliver such animals, implements, or other property, to such magistrate, who shall thereupon, by order in writing, place the same in the custody of an officer or other proper person in such order named and designated, to be by him kept until the trial or final discharge of the offender, and shall send a copy of such order, without delay, to the district-attorney of the county. The officer or person so named and designated in such order, shall immediately thereupon assume such custody, and shall retain the same for the purpose of evidence upon such trial, subject to the order of the court before which such offender may be required to appear, until his final discharge or conviction. Upon the conviction of such offender the animals, implements or other property, shall be adjudged by the court to be forfeited. · In the event of the acquittal or final discharge, without conviction, of such offender, such court shall, on demand, direct the delivery of the property so held in custody to the owner thereof. [Thus amended by L. 1875, ch. 246.]

L, 1875, Chap. 107 – An act in relation to the treatment of animals.

Shooting of pigeons not prohibited. SECTION 1. None of the provisions of law heretofore enacted for the prevention of cruelty to animals, within this state, shall be construed to prohibit or interfere with the shooting, by members of sportsmen's clubs or incorporated societies, of pigeons; provided that, in each case, as soon as they can be captured or taken, after being shot, such pigeons, if living, shall immediately be killed.

L. 1881, Chap. 278 - An act authorizing such women and girls as are

vagrants or convicted of misdemeanors as a first offence, to be sent to the Shelter for Homeless Women in the city of Syracuse.

Girls committed as vagrants, etc., may be taken into Home and employed therein. SECTION 1. The trustees of the “Shelter for Homeless Women," in the city of Syracuse, are hereby empowered to receive and take, in their discretion, into the said institution, all such women and girls as shall be taken before the police justice of said city and committed as vagrants or convicted of misdemeanors, as the first offence, and the said trustees shall have power to keep such women and girls at such employments, and to cause them to be instructed in such branches of useful knowledge as shall be suitable to their years and capacities; and the said police justice is hereby authorized to commit to the said institution such women and girls as shall be by him committed as vagrants, or convicted of misdemeanors as aforesaid, in the same manner and for the same period as he is now authorized to commit to the penitentiary.

Duty of police justice. 8 2. The said police justice, upon such commitment or conviction, shall issue, in duplicate, his warrant to some officer, authorizing him to take in charge the person named in said warrant, and convey her to said institution. The receipt of such person at said institution shall be duly indorsed upon said warrant by the matron or person in charge thereof, which warrant shall be returned to said police justice, and be by him filed in the clerk's office of the county of Onondaga, and such warrant shall be a sufficient and competent authority for the officers of the said institution to keep and detain the person therein named; and a duplicate thereof shall be delivered to the matron or other officer of said institution, with a copy of all indorsements made upon the one returned to the court, to be retained and recorded by such matron or officer afore

said, in a book kept for that purpose, and said book shall always be open to the inspection of any person.

Board of supervisors to audit bills. 3. The board of supervisors of the county of Onondaga is hereby authorized and directed to audit the bills for boarding any inmates of said institution, received therein under the provisions of this act, at such prices as said board shall deem just and reasonable, and apportion the amount thereof upon the city of Syracuse, or upon the various towns in said county, as they shall deem equitable.

Subject to like visitations, etc. $ 4. The said institution shall be subject to the same visitations, inspection and supervision as are now provided by law for the jails, penitentiaries and prisons of this state.

L. 1887, Chap. 413-An act to amend chapter two hundred and seventyeight of the laws of eighteen hundred and eighty-one, entitled “ An act authorizing such women and girls as are vagrants or convicted of misdemeanors as a first offense, to be sent to the Shelter for Homeless Women in the city of Syracuse.'

[Although this act purports to amend L. 1881, ch. 278, it appears to be in effect an independent statute. Section 5 of the act of 1881, which is made § 10 by this act, is simply a provision as to taking effect immediately.]

Act of 1881 amended. SECTION 1. Chapter two hundred and seventy-eight of the laws of eighteen hundred and eighty-one, entitled “An act authorizing such women and girls as are vagrants or convicted of misdemeanors as a first offense to be sent to the Shelter for Homeless Women in the city of Syracuse,” is hereby amended so that section five thereof shall be section ten thereof, and sections one, two, three and four thereof, shall read as sections one, two, three and four following respectively, and new sections shall be added thereto, to be known as sections five, six, seven, eight and nine as hereinafter set forth respectively.

Commitments to Shelter for Homeless Women; for how long. S 1. Any police justice, justice of the peace or other committing magistrate of the city of Syracuse, is hereby authorized to commit to the “Shelter for Homeless Women,” in the city of Syracuse, all girls under the age of sixteen years that shall be taken before said police justice, justice of the peace or other committing magistrate, and committed as vagrants or convicted of misdemeanors. The girl so committed shall be committed to the custody and control of the said corporation until such girl is discharged therefrom by the vote of the majority of said trustees of said corporation. But such girl shall not in any event, or under any of the provisions of this act, be detained by said corporation after she arrives at the age of nineteen years.

Regulations as to warrant. 82. That said police justice, justice of the peace or other committing magistrate upon such commitment or conviction, shall issue in duplicate his warrant to some police officer or constable authorizing him to take in charge the person named in warrant and convey her to the said institution. The receipt of such person at said institution shall be duly indorsed upon said warrant by the matron or person in charge thereof, which warrant shall be returned to said police justice, justice of the peace or other committing magistrate and be by him filed in the office of the clerk of Onondaga county, and such warrant shall be sufficient and competent authority for the officers of the said institution to keep and detain the person therein named; and a duplicate thereof shall be delivered to the matron or other officers of said institution with a copy of said indorsements made upon the one returned to the court, and shall be retained and recorded by such matron or officer aforesaid in a book kept for that purpose, and said book shall always be open to the inspection of any person.

Trustees may refuse to receive girl so committed; proceedings thereupon. § 3. Within five days of the receipt of any girl so committed as aforesaid, at the said institu

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tion, the board of trustees of the said corporation or the president or the vicepresident thereof may refuse to receive at the said institution the girl committed Thereto. In case of such refusal the same shall be indorsed upon the copy of the warrant delivered as above provided to the matron or other officer of said institution, and the said copy of the warrant, so indorsed, shall be returned to the police justice, justice of the peace or other committing magistrate who may have issued said warrant. Upon the receipt of such refusal, such police justice, justice of the peace or other committing magistrate shall issue to some police officer or constable his warrant requiring the said officer or constable to take the girl so refused from the said institution and to bring her before him. Upon the execution of this warrant said police justice, justice of the peace or other committing magistrate, shall proceed to sentence or commit the girl so brought before him in the same manner and with the same force and effect as if she had never been committed to the said institution.

How girl surrendered to custody of institution by her parents. § 4. The said corporation shall be deemed to have acquired lawful care and custody of any girl between the ages of seven and sixteen years who shall have been surrendered to it by her parents, or her parent, if but one be living; provided that such surrender is evidenced by a writing, executed by such parents or parent, setting forth the age and name of the said girl, the date of surrender, the term for which said surrender is made, and expressly vesting in the corporation all the power and control over the girl of which said parents, or parent, is possessed.

How, by trustees of charitable institutions. & 5. The corporate authorities of any charitable institution in the county of Onondaga now or hereafter having the lawful care or custody of any girl not less than seven years of age, not awaiting trial and not under sentence for a term of years for crime, may, with the consent of this corporation, transfer and assign such custody and care to this corporation upon such terms as the directors of such institution and this corporation may agree upon; but such transfer and assignment shall be evidenced by a writing, and shall only be made on the approval thereof by the county judge of Onondaga county, indorsed on said writing.

Powers of corporation as to girls so surrendered. $ 6. This corporation is hereby authorized to receive, and shall have the custody, of all girls committed, surrendered or transferred to it under the provisions of this act, and shall have authority by officers or agents to restrain or direct them, to keep such girls at such employments, and to cause them to be instructed in such branches of useful knowledge as shall be suitable for their years and capacities, to determine their hours of labor, study and rest, to care for their sustenance and health, and to have general control over them.

Age of girl; how determined. 87. In all cases under this act where girls shall come under the care, custody or control of this corporation, the age of such girls shall, so far as this corporation is concerned, be prima facie deemed and taken to be correct, as stated in the written surrender of the parents, or parent, or the order of commitment by the committing magistrate or officer, or in the transfer by the authorities of any charitable institution; and in case of any omission to

1 state the age of any girl in any of such cases, the trustees of this corporation shall, as soon as may be after such girl shall be received by them, ascertain her age by the best means in their power, and cause the same to be entered in a book to be designated by them for the purpose; and the age of such girl, thus ascertained, shall be prima facie deemed and taken to be the true age of such girl.

Supervisors to provide for expenses. S 8. The board of supervisors of the county of Onondaga is hereby authorized and directed to audit the bills for boarding for any inmates of said institution received therein by virtue of any of the provisions of section one of this act, at such prices as said board of supervisors shall deem just and reasonable, and apportion the amount to be paid to said corporation on the city of Syracuse, or upon the various towns in the county of Onondaga, as they shall deem equitable.

Visitation; inspector, etc. 8 9. The said institution shall be subject to the same visitations, inspection and supervision as are now provided by law for the jails, penitentiaries and prisons of this state.

L. 1881, Chap. 419- An act to prohibit the pawning or fraudulent con

version of material in the hands of operatives for manufacture, Unlawful to sell, etc., property furnished to be manufactured; punishment. SECTION 1. Any person who shall wilfully pawn, pledge, sell or convert to his or her own use any material furnished to him or her for the purpose of being manufactured, if the same be of the value of more than twenty-five dollars, shall, upon conviction thereof, be adjudged guilty of grand larceny, and imprisoned in a state prison for a term not exceeding five years, but if the same be of the value of twenty-five dollars or under, he or she shall, upon conviction, be adjudged guilty of petit larceny, and be punished by imprisonment in a county jail not exceeding six months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment.

Act not to discharge mechanics' lien. § 2. Nothing in this act contained shall be deemed or held to discharge any mechanics' lien, or right of lien in favor of any employee as now recognized by law.

L. 1882, Chap. 165 – An act in relation to the sale and use of opium.

When and where opium not to be sold or given away, etc. SECTION 1. Every person who opens or maintains, to be resorted to by other persons, any place where opium, or any of its preparations, is sold or given away, to be smoked at such place; and any person who at such place sells or gives away any opium, or its said preparations, to be there smoked or otherwise used, and any person who visits or resorts to any such place for the purpose of smoking opium or its said preparations, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the penitentiary not exceeding three months or by both such fine and imprisonment.

L. 1885, Chap. 8 - An act to prevent persons from unlawfully using or

wearing the badge of the Grand Army of the Republic of this state. Unlawful wearing of badge, a misdemeanor. SECTION 1. Any person who shall wilfully wear the badge of the Grand Army of the Republic, or who shall use or wear the same to obtain aid or assistance thereby within this state, unless he shall be entitled to use or wear the same under the rules and regulations of the department of New York, Grand Army of the Republic, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment for a term not to exceed thirty days or a fine not to exceed twenty dollars, or by both such fine and imprisonment.

L. 1888, Chap. 1- An act to prevent persons from unlawfully using or wearing the insignia or rosette of the Military Order of the Loyal Legion of the United States,

Unauthorized wearing, etc., a misdemeanor. SECTION 1. Any person who shall wilfully wear the insignia or rosette of the Military Order of the Loyal Legion of the United States or use the same to obtain aid or assistance within this state, unless he shall be entitled to use or wear the same under the constitution and bylaws, rules and regulations of the Military Order of the Loyal Legion of the United States shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment for a term not to exceed thirty days or a fine not to exceed twenty dollars, or by both such fine and imprisonment.

TITLE 7.

TITLE VII.

General Provisions concerning Crimes and their Punishment.

SEC. 1-17. [Repealed.]

18. Expenses of removal of convicts sent to House of Refuge in New York.. 19-36. [Repealed.)

[Sections 1-17 repealed by L. 1886, ch. 593.] Expenses

§ 18. Such convicts shall be removed by the sheriff of the county, of removal.

pursuant to such order, and he shall be allowed the same compensation therefor as is provided by law for the transportation of convicts to the state prison, to be audited and paid as part of the contingent expenses of the county.

[Sections 19-36 repealed by L. 1886, ch. 593.]

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