§§ 496, 497 repealed. 8 498 amended. $499 amended. make their examination. 'Before commencing they must take the oath prescribed in the code of civil procedure to be taken by referees. They must be attended by the district attorney of the county in which the murder was committed, upon at least seven days' notice to him, and may call and examine witnesses and compel their attendance. The counsel for the defendant may take part in the proceedings. When the commissioners have concluded their examination, they must forthwith report the facts to the governor with their opinion thereon.2 Whenever any person under sentence of death shall be found insane by such commission, the governor may, in his discretion, order his removal to a state hospital for insane convicts, there to remain until restored to his right mind, and it shall be the duty of the medical superintendent of such hospital, whenever, in his opinion, said convict is cured of his insanity, to report the fact to the state commission in lunacy and a justice of the supreme court of the district in which said hospital is situated, which justice shall thereupon inquire into the truth of such fact, and if the same be proved to his satisfaction, he shall so certify it under his official hand to the clerk of the court in which such convict was sentenced, and cause him, the said convict, to be returned to the custody of the warden of the state prison3 whence he came, there to be dealt with according to law. § 2. Sections four hundred and ninety-six and four hundred and ninety-seven of the code of criminal procedure are hereby repealed. § 3. Section four hundred and ninety-eight of the code of criminal procedure is hereby amended to read as follows: § 498. Examination;* suspension of execution. "If it be found by the examination that the defendant is insane, the warden must suspend execution of the warrant directing the defendant's death, until he receives a warrant from the governor directing that the defendant be executed. § 4. Section four hundred and ninety-nine of the code of criminal procedure is hereby amended to read as follows: 1 Following sentence new. 2 Provision conferring on governor powers of supreme court in case of persons confined under sentence of death, omitted. Formerly" sheriff of the county." 4 Formerly "Inquisition." Words "The inquisition of the jury must be signed by the jurors and the sheriff," omitted. Formerly "sheriff." § 499. Governor's duty. The governor upon the receipt of the certificate of the justice of the supreme court, as provided in section four hundred and ninety-five-a, that the defendant is cured of his insanity, and as soon as he is satisfied of the sanity of the defendant, or of his restoration to sanity, must issue his warrant, appointing a time and place for the execution of the defendant, pursuant to his sentence, unless the sentence is commuted or the convict pardoned, and may in the meantime give directions for the disposition and custody of the defendant. amended. § 5. Section five hundred of the code of criminal procedure is 500 hereby amended to read as follows: § 500. If female convict is pregnant, warden of state prison3 to impanel jury of physicians. If there is reasonable ground to believe that a female defendant, sentenced to the punishment of death, is pregnant, the warden of the state prison having custody of the defendant must impanel a jury of six physicians to inquire into her pregnancy. A physician acting as a juror upon such an inquisition, need not be qualified to serve as a juror in a court of record. amended. § 6. Section five hundred and one of the code of criminal 501 procedure is hereby amended to read as follows: 8 501. Inquisition; suspension of execution. The inquisition of the jury must be signed by the jurors and the warden1o of the prison. If it is found by the inquisition that the defendant is quick with child, the warden10 must suspend the execution of the warrant directing her execution until he receives a warrant from the governor directing that the convict be executed. 7. Section five hundred and two of the code of criminal pro- 502) cedure is hereby amended to read as follows: 502. Warden10 to transmit inquisition to governor; governor's duty. The warden10 must immediately transmit the inquisition to the governor, who, as soon as he is satisfied that the defendant is no longer quick with child, may issue his warrant, appointing a time and place for her execution, pursuant to her sentence, or may commute her punishment to imprisonment for life. 8. This act shall take effect immediately. 7 Section to here materially amended. 8 Formerly "sheriff." • Provisions making §§ 497, 498, ante, applicable, omitted. 10 Formerly" sheriff." amended. L. 1909, ch. 570, 51 amended. Chap. 339. AN ACT to amend chapter five hundred and seventy of the laws of nineteen hundred and nine, entitled "An act to establish the city court of Buffalo, defining its powers and jurisdiction and providing for its officers," in relation to compensation of jurors in said court. Became a law May 21, 1910, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section fifty-one of chapter five hundred and seventy of the laws of nineteen hundred and nine, entitled "An act to establish the city court of Buffalo, defining its powers and jurisdiction and providing for its officers," is hereby amended to read as follows: 51. List of jurors; how selected. A list of trial jurors for the court must be selected by the commissioner of jurors for the county of Erie, and must consist of not less than one thousand persons qualified to serve. A person shall not be placed upon such jury list who does not reside or have a place where he regularly transacts business in person within the city of Buffalo. The said commissioner of jurors shall, on or before the first Monday in September of each and every year, furnish the clerk of the court with such list, together with the residences and occupations of the persons so selected by him. The clerk of the court shall write on separate slips of paper the name of each juror upon such list, and shall place the slips in a box to be called the undrawn jury box 1and no person shall serve as a juror more than once in a calendar year. The contents of the drawn and undrawn jury boxes may be at any time inspected by the commissioner of jurors, or his deputy. Each juror shall be paid two dollars for each and every day or portion thereof that he actually serves upon jury, 'and each person summoned to attend as a juryman shall be paid two dollars for each day that he attends, unless he is excused from serving as a juryman at his own request, in which event he shall be paid as herein otherwise provided. Such payment shall be made only upon the 1 Remainder of sentence new. certificate of the judge presiding at the trial of the number of Chap. 340. AN ACT to amend the tax law, in relation to license tax on foreign corporations. Became a law May 21, 1910, 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: Every foreign 62, 181 Section 1. Section one hundred and eighty-one of chapter sixty- L. 1909, ch. two of the laws of nineteen hundred and nine, entitled "An act in amended. relation to taxation, constituting chapter sixty of the consolidated laws," is hereby amended to read as follows: § 181. License tax on foreign corporations. corporation, except banking corporations, fire, marine, casualty and life insurance companies, co-operative fraternal insurance companies, and building and loan associations, authorized to do business under the general corporation law,1 shall pay to the state treasurer, for the use of the state, a license fee of one-eighth of one per centum for the privilege of exercising its corporate franchises or carrying on its business in such corporate or organized capacity in this state, to be computed upon the basis of the capital stock employed by it within this state, during the first year of carrying on its business in this state; and if any year thereafter any such corporation shall employ an increased amount of its capital stock within this state, the same license fee shall be due and payable upon any such increase. The measure of the amount of capital stock employed in this state shall be such a portion of 2 Remainder of section new. 1 L. 1909, ch. 28. See § 15. the issued capital stock as the gross assets employed in any busi- L. 1909, ch 9, § 30, subd. 2 amended, Chap. 341. AN ACT to amend the agricultural law, in relation to the definition of adulterated milk. Became a law May 21, 1910, 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. Subdivision two of section thirty of chapter nine of the laws of nineteen hundred and nine, entitled "An act in relation to agriculture, constituting chapter one of the consolidated laws," as amended by chapter one hundred and eighty-six of the laws of nineteen hundred and nine, is hereby amended to read as follows: 2. Milk containing less than eleven and one-half per centum1 of milk solids. 2. This act shall take effect immediately. 2 Remainder of section materially amended. 1 Formerly" twelve per centum." |