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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at|http: //books .google .com/I ir" k- n LAWS STATE OF NEW YORK, FAMED At THE NINETY-SEVENTH SESSION LEGISLATURE. BEGUN JANUARY SIXTH aNd BNDED APRIL TUIBTIBTH, ISTl, IN THB CITY OP ALBANT. ALBANY : HUGH J. HASTINGS, PUBLISHER. 1874. L 38« AUG 2 W • • • CERTIFICATE. Officb of thb Sbcrstart of Sxatb OF THB SXATB OF NbW YoRK, ALBAmr, July 14, 1874 Puisoaiit to the directionfi of the act entitled '^An act relative to the publi tioD of tbe Laws," passed April 12th', 1843, 1 hereby certify that the following iFolome of the Laws of this State^was printed under my direction. DIEDRICH WILLER8, Jr., Becretary of State. In this volume, every act which received the assent of a majority of all the wmbers of the Legislature, '* three-fifths of all the members elected to either Hoi»e " thereof, being -present, pursuant to Section 14 of Article 7 of the Ck>n. tiiotion of this State, is designated under its title by the words '* Three-fifths Ung present." [See Laws of 1847, VoL 1, Chap. 263.] And every act which received ** the assent of two-thirds of all the members ejected to each branch of the Legislature," pursuant to Section 9 of Article 1 of fte State Constitution, is designated under its title by the words '^ By a two- tUid vote.'' [See Laws of 1842, Chap. 806.] CHAKLE8 7AN BENTHUTBBN & SONS, Paper Makers, Printers and Binders, Albany, M. Y., Caatteton, X. T. .1 LAWS OF THB STATE OF NEW Y#ilK, PjLMBD AT THX •* , . • • • * * • • •• 5ISETY.8IXTH SESSION OF THB LBGIBLATURE, APPROYSD AND SIGNfi0 f^f THB GOVERNOR, TOO LATE FOR PUBLICATION IN THB PBINTBD YOLUMB OP SBS8I0N LAWS OF THB YBAR 1873. Cbap. 873. AN ACT to provide for the payment of the officers, employees and workmen in the department of buildings of the city of New York. Passed August 80, 1873 ; fhree-flfths being prJesent. The People of the State of New Tork, represented in Senate and AsserfMy^ do enact as foUowe : « Section 1. Within ten days after the passage of this act the comp- city troller of the dty of New York is hereby mrect^ to borrow on the credit fe*5!"gJiJ|J^ of the mayor, aldermen and commonalty of the city of New York, on row reirenae bonds of the said city, and in anticipation of the collection of {^^pf^Jj^'' the taxes to be levied and imposed on the estates, real and personal, bonds. subject to taxation in the dty and county of New York for the year one thoosand eight hundred and seventy-three, the sum of twenty-two thou- Amonnt sand two hundred and twenty dollars, for the purpose of paying the *jj^''"'" officers, employees and workmen of the dex)artment of buildings of the ^ city of New York who were in the employ of said department during the months of January, February, March and April of the year eigh. teen hundred and seventy-two, at the rates of compensation at which said officers, employees and workmen were employed by said depart- ment in said months, and each of them respectively. The revenue Bontta to bonds herein mentioned shall bear interest at the rate of seven per cent, fntereet. vi LAWS OF NEW YORK. [Chap. 872 of 1873. proceedB per annum, and the proceeds thereof shall be deposited by said deposited Comptroller with the chamberlain of the dty of New York, in the same with city manner as other money belonfiiqfi^ to the city of New York on deposit i2r with said chamberlain. comptroi- ^ 2. It shall be the duty of the said comptroller of the dty of New to'make'* York and he is hereby directed to pay within thirty days after the payment, passage of this act, the said officers, employees and workmen of said depai^ment for each of said months of January, February, March and His war- April, eighteen hundred and seventy-two, by drawing his warrant rant. upon the chamberlain of the said dty of New York, in the manner provided by law, in favor of each of said officers, employees and work- men for such sum as shall b^dn .writing certified by the superintendent of buildings in office during: eb^ months of Januarv, February, March and April, eis^hteen h\;in3^^* and seventy-two, to be due to the said officers, employees and. workmen, and each of them, for balance of unpaid salaries or**^Hnf)en8ation, at the rate at which said officers, Cortifl- employees and Xeorkiben were employed by him ; and the certificate perin-* *'*" ^^ *^® ^^^ Brfp^ridbendent, certified by hie oath, diall be presumptive tendont of evidence of**<^^* amount so remaining due to each of said officers, biiiwings, employeeij and workmen for salary or compensation for the said evidence, mon^hfrpf ^January, February, March and April, eighteen hundred and se\se!ii5s.Wo, and each of those said months respec^vely. snpervi- ^ ^•&J'The board of supervisors of the county of New i ork are hereby Jf^^i^"*«Ant&orized, directed and required to cause to be included in the taxes tax«s/ ;./^ be levied and raised in the said dty of New York for the year eigh- aaw^t •**te®n hundred and seventy-three, xipon the estates sul^ect to taxation in snfficfent the dty and county of New York, an amount sumcent to -psLj the bonds^ revenue bonds herein directed to be issued by the said comptroller in antidpation of the collection of the said taxes with all interest due or to become due thereon. Repeal. ^ 4. For the purposes of this act, all acts or parts of acts inconsistent , with this act are hereby repealed. ^ 5. This act shall take effect immediately. X.IST OF OFFICEES, 1874. * * i. There shall be prefixed to each volume of the Session Laws, hereafler published, the names and reliance of Khe GoTemor, Itieatenant-GoTemor, Senators and Members of Assembly, and presiding oikm of Do4b Hoiiaea in office at the time of tho passage of the Laws contained in snch volames."^Zoi0f 9f 1847, Cha^. 458, Sec. 4. NAMES AND RESIDENCES Of thk Gotbbnor, LivrrsNANT-GoTX&ifOB, Sinatobs, Mexbbbi of Assbmblt, and P&BSiDiNa Officbbs of both HonsBS OF THB Lboislatubb of thb State of Nbw TOUL, AT THX TIIIB OF THB PaSSAOB OF THB LaWB OONTAIHBD IN THIS VoLCTMB. Jolm A. Dix John C. Robinson. • John A. King John W. Ooe John G. Jacobs John Fox ••••...< James W. Booth Jacob A. Gross Thomas A. Ledwith Hugh H. Moore "Wiliiam H. Robertson « ^Edward M. liadden Benjamin Ray Ros veil A; Parmenter Jesse C. Dayton • • Henry C. Connelly Webster Wagner Franklin W. Tobey ........ Wells S. Dickinson Andrew C. Middleton Samuel S. Lowery Archibald C. McGowan Charles Kellogg Daniel P.Wood James G. Thompson John H. Selkreg William B. Woodin William Johnson George B. Bradley Jarvis Lord DanH. Cole Abijah J. Wellman J<^n Ganson Albert G. Dow Frederick Schifferdecker • • . • Leopold C. G. Kshinka GoTemor Lieut.-QoTemor. SoDstor do do do do , do do do do do do do do do do do do do ^ do do do do do do do do do do do do do do Assemblyman... do .i Residence, nearest P. O. Albany Broome Suffolk Kings Kings New York New York New York New York New York Westchester . . . . Orange ..••••.. Columbia Rensselaer Albany Ulster Montgomery.... Essex Franklin Jefferson Oneida Herkimer Madison Onondaga ...... Chenango Tompkins Cayuga Seneca Steuben Monroe Orleans Allegany ...... Erie Cattaraugus . . . . Albany ........ Albany Albany. Bingham ton. Great Nock. Brooklyn. Brooklyn. New York city. New York city. New York city. New York city. New York city. Katonah. Middletown. Hudson. Troy. West Troy. Fly Mountain. Palatine Bridge. Port Henry. Bangor. Black River. Utica. Frankfort. Chittcnango. Syracuse. Norwich. Ithaca. Auburn. Seneca Falls. Corning. Rochester. Albion. Friendship. Buffalo. Randolph. Albany. Albany. • Admitted in place of Frank .•kbbott, Febmaiy 5tb, 1874. • •• VIU LIST OF OFFICERS. NAME. Terrence J. Quinn . . • Waters W. Brftman . . Orrin T. Stacy..,,... George Sherwood .... Commodore P. Yedder John Manley .....«•. Leonard F. Hardy . . Erastus H. Hassey..* Francis B. Brewer . . . JohnD. Hiller Edmund Miller ...... Harris H. Beecher. . . . Smith M. Weed Henry Lawrence Alonzo H. Farrar .... George W. Phillips . . . Benjamin J. Bassett . • Matthew Griffin James Mackin Haryey G. Eastman . • Patrick Hanrahan.... Joseph W. Smith .... Franklin A. Alberger. John Nice Robert B. Foote Gardner Pope John P. Bad^r John Sunderhn Elbert Townsend .... Horatio S. Lockwood . Warner Miller Elam Persons Hugh Smith James F. Donahue . . • John J. Allen Michael Coffey Theodore N. Melvin . . Eugene D. Berri Jacob Worth ., . Stephen J. Colahan. . . George C. Bennett .... John McGroarty John Herrick Jonathan B. Morey . . Edwin C. Philpot Henry W. Carpenter . George A . Goss George Taylor. ...... Leonard Burritt Martin L. Stover James Healey William P. Kh-k James Hayes James Ryan Austin Leake Matthew Patten .■•... Alfred Wagstaff; Jr. . . George Schennan .... George B. Deane, Jr. . Louis C. Waehner. . . . « Assemblyman do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do * do do t Albany Albany AJltgany Broome Cattaraugus • . . . Cattaraugus . . . . Cayuga Cayuga Chautauqua . . . . Chautauqua • . . . Chemung ...... Chenango ...... Clinton Columbia ...... Columbia Cortland Delaware ..••.. Delaware Dutchess ...... Dutchess ••••.• Erie Erie Erie Erie fine Essex Franklin Fulton A^ Ham... Genesee Greene ........ Herkimer Jefferson Jefferson Kings Kings Kings Kings Kings Kings Kings Kings Kmgs ..•»••.• Lewis Livingston Madison Madison Monroe .....••. Monroe Monroe Montgomery.... New York New York New York New York New York New York ...... New York New York New York New York i Rc58ldencc, nearest P. O. Albany. West Troy. Rushford. Binghamton. Ellicottville. Little Valley. Weedsport. Aurora. Westfiold. Smith's Mills. Eltnira. Norwich. Plattsburgh. Claverack. Kinderhook. Homer. Walton. Griffin's Corners. FishkiU. Poughkeepsie. Buffalo. Buffalo. Buffalo. Grand Island. Abbott's Comers. A usable Forks. Burke. Gloversville. Pavilion Centre. Hunter. Herkimer. Ellisburgh. Perch Run. Brooklyn. Brooklyn. Brooklyn. Brooklyn. Brooklyn. Brooklyn. Bpooklj'n. Brooklyn. Brooklyn.* New Bremen. Dans vi lie. Pratt's HoUow. Oneida. Pittsford, Rochester. Spencerport. Amsterdam. New York city. Now York city. Now York city. New York city. New York city. New York city. New York city. New York city. New York city. New York city. LIST OF OFFICERS. IX Koox McAfee. ••• Freoos Mnmjr •••• ••••••«• CharkB S. Spenoer • • James Dal j •••••• •••• Josqdi BianMBtlud PeterWoods •. ••• Andrew Blessmg • • • Bernard Biglin «••••«• Tho8. CO JUffban John D. Cou^lin •James H. Sulliyan ArtemoBW. Gomstodc.*..*. Orriile C. Bordwell Geckfge W. Ch^dwick Arthur F. Brown. John J. Pnrry..... Griffith O. Joiifls Thomas G. Alyord George Barrow » Charlea Simon Stephen H. Hammond ...... Cynllo S. Lincohi.., Aognstaa Demiiston Charles B. Wood ShshaS. Whalen George B. Sloan •••••••••.. Willard Johnson J L jman Bolkley William H.Ely Henry Thorp Haniilton Fish, Jr • • • L. Bradford Prince James M. Oakley William Y. deary Kohert Dickson Jacob M. Witheck St^hen D. Stephens, Jr tWiIliam R. Rnapp Sefth G.Pope Doiphns S. Lynde • • JaMh Sanfoid George West George S. BatcheQer Daniel P. McQueen John B. Hoag Harmon L. Greeory William C. Hazelton Stephen D. Shattuck Charles F. Hoof^ton ..•••*. Nathan D. Petty George M. Beeoe. . • • v Jcmme B. Landfield WiBiam L. Bostwick Robert A. Snyder Hector Abeel John D. Winfield Anstin W. Holden Alexander B. Law Office. County. AssemblyniaB do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do • • do do do do do do do do do NewYoriE....«. New York New York ..... New York.... y. New York ...... NewYork New York NewYork New York New York New York Niagara ....... Niagara Oneida. Oneida Oneida Oneida Onondaga Onondaga • Onondaga ....•• Ontario Ontario Orange • Orange ....•••. Orlews Oswego Oswego Oswego Otsego... Otsego Putnam Queens Queens RensseUer Rensselaer Rensselaer Richmond Rockland St. Lawrence . . • St. Lawrence . . . St. Lawrence . . . Saratoga Saratoga Schenectady.... Schoharie • Schuyler Seneca Steuben Steuben Suffolk Sullivan Tioga Tompkins Ulster Ulster Ulster Warren Washington . . . . Besidenoe, nearest P. O. New York city. New York city. New York city. New York city. New York city. New Ymk city. New Yn 1. Hie constables of the city of Aubam, to whom the treas- consta- nrer and tax receiver of said dty have issued warrants for the collection ti?*^©'*' of unpaid city taxes, are hereby authorized to return said warrants, connt of within five days after the passage of this act, to the treasurer and tax ux^*.^ receiver aforesaid, with an account of the unpaid taxes which they have &i]ed or been unable to collect. \ 2. The treasurer and tax receiver of said dty of Auburn is hereby Tax re- aathorized and directed to issue new warrants under his hand and the £|*Je ^^ of the dty, to any constable of said dty, or as many of them as warnmu. he may deem necessary, commanding him or them to levy the several sums of unpaid taxes returned by the constables as provided by section one of this act, in the manner provided by the charter of the said dty of Anbum. The said warrants shall be returnable in thirty days from warrants their issue, and shall be in substance and effect the same as the war- tarnabie' rants now provided by law to be issued by the treasurer and tax receiver of said city for the collection of unpaid dty taxes. LAWS OF NEW YORK. [Chap. 5. Bond, of March, eighteen hundred and seventy-four. Such bond shall be prorelf ' renewed with such sureties as in any town shall be approved by the and filed, supervisor thereof, or in case of his absence or inability to act, by the town clerk thereo£ The penalty thereof in any case shall be double the amount of taxes in that case remaining uncollected. The bond shall be approved, in writing, and filed in the same manner as the original bond is required by law to be filed, and have all the effect of a collector's or receiver's bond. A copy of the bond, and the approval thereof, shall, within fifteen days after the passage of this aet, be delivered to the county treasurer of the county in which said town is. Secretary ^ 2. It shall be the duty of the Secretary of State, immediately after dtefcrfbute *^® passage of this act, to cause it to be printed upon slips of paper, act. and to deliver to each county treasurer a sufficient number thereof to supply one copy to each collector or receiver of taxes in said county, and it shall be the duty of said county treasurer to deliver one copy Act. how thereof, to each collector or receiver of taxes in his county. All tiie a^piioa- piiovisions of this act, shall apply to the receiver of taxes and assess- ments of the town of Saratoga Springs and the cities of Auburn and Elmira. ^Wtocer". ^ ^* "^^ ^^ ^^^^^ ^^* extend to any dty in the State of New York, LtncitteL' except as herein otherwise provided. ^ 4 This act shall take effect immediately. Oliap. 5. AN ACT authorizing the board of supervisors of the county of Albany to issue bonds, to pay a portion of the bonds of said county that will mature during the year eighteen hundred and seventy-four. Passed February 2, 1814 ; three-fifths being present The People of the State of New Torky repreaented in /Senate and Afisemblyy do enact asfoUotos: Board of SECTION 1. The board of supervisors of the county of Albany are Bopervia- hereby authorized, pursuant to a resolution of said board, passed ^ae^*^ December eighth, eight hundred and seventy-three, which resolution is bonds, hereby ratified, to issue bonds of said county to the amount of one hundred and fifty thousand dollars, to be sealed with the seal of said county, and signed by the chairman of said board, and by the treasurer When of All^ny county ; fifty thousand dollars of said bonds to be payable payable. March first, eighteen hundred and ei^fhty-^ne ; fifty thousand dollars payable March first, eighteen hundred and eighty-two, and fifty thou- sand dollars payable March first, eighteen hundred and eighty-three, with interest at seven per cent, per annum, payable semi-annually, on the first day of March and September ; one hundred and thirty-five thousand dollars of said bonds to be of the denomination of one thou- sand dollars each, and fifteen thousand dollars to be of the denomination Bonds to of five hundred dollars each, and the said board of sui)erviBor8 are anoiSon.^* authorized and directed to sell the said bonds at public auction on Tuesday, the seventeenth day of February, eighteen hundred and sev- enty-four, the sale to be previously advertilaed for two weeks each day in the official county pax)ers of said county of Albany, provided that such bonds shall not be sold for less than par. Said board shall Chap. 6.] NINETY-SEVENTH SESSION, 6 leoeiTe pTOX)08al8 for the engrtmng and printing of said bonds, and ]et the same to the lowest respoosibre bidder, and said board of super- Ayaiis Tisors shall pay over the avails of such bonds to the treasurer of the how ap. ooonty of Albcmyy less the amount of expenses of such sale, and said pUeci. treasurer shall apply said avails in payment of the bonds of said county of Albany that shall mature in eighteen hundred and seventy-four, so fitf as the same shall be sufficient for that purpose. \ 2. The said board of supervisors shall cause to be levied by tax on Annnai the taxable property of said county, and collected and ^d annually, ^J^J^s^*^ such sQins as may be necessary to pay the interest on said bonds, and andprin- io pay such x)ortion of the principal theredf, from time to time, as the *^*p**- same shall become due, and the said treasurer shall apply the money 80 collected and paid to him toward the interest and principal of said bonds as they shall become due. \ 3. This act shall take effect immediately. Ohap. 6. AN ACT authorizing the commissioners of highways of the town of Russia, in the county of Herkimer, to build a bridge across the West Canada creek, at a place called the "Ledge.'* Passed February S, 1814 ; three.fifths being present. 2%c People of the State of Neto York, represented in /Senate and Assembly, do enact as follows : Sscnoir 1. Whenever the commissioners of highways of the town of Deerfield, in the county of Oneida, shall lay out a highway to the middle of ttie West Canada creek, at a place called me '^ Ledge," aboTe the residence of William H. Lamed, in the town of Bussia, in the county of Herkimer, and build an abutment upon the Deerfield side of said creek, the commissioners of the highways of said town of RoBBia are hereby authorized and directed to build an abutment on the Bosena side, and build a wooden bridge across said creek at the place called the '^ Ledge " aforesaid, the expense of building the abut* ment on the Deerfield side to be a charge upon the town of Deei^eld, and the exjpense of building the bridge and the abutment on the Russia side to be a charge upon the town of Russia, to be levied and eoUected in the same manner as other town expenses, \ 2, Nothing contained in this act shall be construed to alter exist* bug laws in relation to the duty or liabilitv of the towns of Russia and Deerfield to repair, maintain or rebuild such bridge and abutments after the first bridge and abutments are completed, h S. This act shall take effect immediately. 6 LAWS OF NEW YORK [Chap. 8. Chap. 7. AN ACT for the relief of John George Milburn. Passed February 4, 1814 The People of the State of Neto York, represented in Senate aad Assembly, do enact as foUows : AdmiB- Section 1. The supreme court of this State, at any fireneral term of attorney the fourth department thereof, is hereby authorized to waive alienage L°ed^^ of John Gteorge Milburn, heretofore examined and recommended for admission to practice law thereat, and to admit said John George ^«><|f re- Milburn to practice in all the courts in this State, on his furnishing ^"** ■ satis&ctory proof of his residence within this State, and of having declared his intention to become a citizen of the United States. ^ 2. This act shall take effect inmiediately. Cliap. 8. AN ACT to authorize the city of Utica to borrow and dis- burse money to pay for fire apparatus, and to levy and collect a tax to pay the same. Passed February 4, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact asfoUotos : Common SECTION 1. The common council of the dty of Utica shall have may Iwue power, and they are hereby authorized, to borrow such sums as they boudB. may deem necessary, not exceeding six thousand dollars, upon the cor- porate bonds of the city, at a rate of interest not exceeding seven per AvaUs, cent, per annum, for the purpose of purchasing fire apparatus, and pay- eicpend-^* ing for a steam fire engine already purchased. But none of the bonds ed- hereby authorized to be issued shall be sold for less than their par value. BondB, ^ 2. The said bonds, principal and interest, shall be made payable on pi^rabie. the first day of December next, and for the purpose of redeeming and paying the same, said common council shall, in the dty taxes for the year eighteen hundred and seventy-four, cause to be levied and collected a sum sui&dent to pay the amount of said bonds and the interest thereon. The money thus raised shall be in addition to the amount authorized by the dty charter or its amendments, and shall be applied to the pay- ment of said bonds and to no other purpose. § 3. This act shall take effect immediately. Chap. 10.] NINETY-SEVENTH SESSION. Oh.ap. 9. AN ACT to amend chapter seventy-four of the lawB of eighteen hundred and seventy, in reference to the records of surrogates' courts. Passed February 6, 1814 The People of the State of New Torky represented in Senate and Assembly, do etuict cba follows : Sbctios 1. Section two of chapter seventy-four of the laws of eighteen hundred and seventy, is hereby amended so as to read as follows : 4 2. For greater certainty and to avoid all doubt, it is hereby declared snrro- to be lawful for any surrogate or officer acting as such, hereafter, in like S!Jmpi?to^ Boauner and under like circumstances, in his own name, to sign, certify jyff ^ ,.g. and complete all an.finished records of wills, and of proofs and exami- conis of nations taken by and before his predecessor in office ; also all records £J^^®^®*" of letters testamentary, administration or guardianship, adding to his signature the date of so doing, and which shall have the like effect as if SQch predecessor had signed the same. \ 2. This act shall take effect inmiediately. Chap. lO. AN ACT to amend the charter of the village of Lansing- bur gE. Passed February 9, 1814 ; three-fifths being present. The People of the State of New Yorky represented in Senate and Assembly^ do erhoct asfdHows: Section 1. Subdivision nine of section one of title two of the act entitled '^An act to amend and consolidate the several acts relating to the Tillage of JLansingburgh," passed April sixteenth, eifi^hteen hun- dred and sixty-four, is hereby amended so as to read as follows : 9. Three lire commissioners. rireoom- \ 2. Section, eight of title two of said act is hereby amended so as to Si?^^*^* read as follovrs : \ 8. The board of trustees of said village shall, at a sx)ecial meeting Meetin^r thereof, to be called on or before the twenty-sixth day of February, ^ appoint eighteen hundred and seventy-four, of which meeting each trustee must ^re com- bave at least three days' notice, elect by ballot a boaSd of fire commis- Sre^^^^" aonens for said village, to be composed of three conmiissioners, one to hold office until the first Monday of June, one thousand eight hundred and aeventy-six, and until another shall be elected in his place ; one to Terms of hold office until the first Monday of June, one thousand eight hundred ^^®®" and seventy-eight, and until another shall be elected in his place ; and one to hold office until the first Monday of June, one thousand eight hundred and eighty, and until another shall be elected in his place. And on the first Monday of June, one thousand eight hundred and Beventy-six, and on the first Monday of June * in each alternate year thereafter, there shall be elected by said board of trustees, in the same manner, one lire commissioner, to hold office for six years and until iQoiher shall be elected in his place. It shall require the votes of six 8 LAWS OP NEW YORK. [Chap. 10. RemoTaiB trustees to elect as aforesaid, and the said board of trustees sliall have for oauae, power by the same vote to remove said oommissioners, or either of vacan- them, for misconduct or neglect of duty in office. Aud the said trustees oies^ how^^l^ have power, at any regular meeting of the board by t^ same vote, to fill vacancies in the office of commissioner caused by dismissal, death, resignation, removal from the village or otherwise. Repeal. ^ 3. Sections nine, ten and eleven of title two of said act are hereby repealed. \ 4. Subdivision nineteen of section two of title four of said act is hereby amended so as to read as follows : TroBteeB 19. To regulate the management, use and protection of engines, fire UteoMof A^^nn telegraph, and other fire apparatus belonging to the village ; to Are en- prescribe the powers and duties of the officers and members of the fire apparar department, and to provide for the protection of private property in toB. &o. times of fire. ^ 5. Section one of title seven of said act is hereby amended so as to read as follows : Fire de- ^ 1. The fire department of the said village shall consist of the fire P^™®°^* commissioners, a chief engineer, an assistant engineer, and of such conaifltof. other offioers and members as may be determined 'by the board of Fire com- trustees of Said village. The fire commissioners shall organize by ere?how appointing, from their own number, a chairman and a clerk, and when to organ- organized shall be known as the board of fire commissioners of Lan- Booitof singburgh, and shall keep a book of minutes, containing a record of all minutes their proceedings. They shall, subject to the approval of the board of EiSneere ^^"^stees, appoint the chief and assistant engineers, and all other officers a^ofher and members of the said fire dei)artment, the engineers, officers and S?w^iiS- niembers to hold office during the pleasure of said board of fire com- pointeS. missioners. They shall also, subject to the approval of the board of Oorapen- trustees, fix the compensation of the engineers, officers and members Bation. q£ ^YiQ fire department. The commissioners, however, shall receive no compensation for their services, or hold any other village office. ^ 6. Section two of said title seven is hereby amended so as to read as follows : Board of ^ 2. The board of trustees shall have power, and it shall be their tomake duty, to make by-laws, rules and regulations for the government and by-laws, discipline of the fire department. Every member present of the fire Disorder- department, and every other x>erson who shall, at the time of any fire SfQot,'how i^ said village, be guilty of riotous or disorderly conduct, or who shall puniihed. attempt to obstru(5 the operations of the fire department, or to excite insubordination in others, or willfully attempt to obstruct the execu- tion of the orders of the proper officers, shall, for such offense, be liable to such penalty as shall be prescribed by the by-laws of said fire depart- ment, not exceeding one hundred dollars, and shall also be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, as the court may direct, on conviction for such offense. Repeal. ^ 1. Section three of said title seven is hereby repealed and the fol- lowing substituted in the place thereof: Board of ^ 3. The Said board of fire commissioners shall have charge of all SSnere to prox)erty now in use or hereafter to be acquired by the village of Lan- ohar of Bi'i?^"''^^* ^^^ *^® purpose of extinguishing fires, including all the property! rooms used for storing the same, subject, however, to such rules and regulations as the said board of trustees shall prescribe for the use thereof, and also subject to the right of said trustees to use the same Board of when not required for fire department purposes. The said board of donenT' fire commissioners shall also have power, by and with the consent of n CbatAO.] NINEIT-SEVEKTH SESSION- 9 mA bond of tniBteeB, to Bell tlie Mone, or any tMort thefeof, except Teal hnre pow- otete, the preeeeds of eaid aalee to befortliwlth paid over to the treaa* p^eitj. iiiir<^ fli&«dd village. They shall also, by and with the consent of Power to tiie and trasteee, and sabject to th^ same reetnctions in regard to the Sp^^^ * «xpefiditiiie of money, and the Incuiving of indebtednees, as are, by tiu. flie act hereby amended, imposed on the trustees of the village, have «iiflM»ity to puMbase such apparatus, and to constmot, alter, repair and locfl^ sach apparatus and buildings for the protection thereof, as tt^ Aall deem neoessBry. \ 8L Section four of SBdd title seven is hereby amended so as to read as follows: h 4. The said booord of fire comnossioners shall have power to Power to piu down, blow up, destroy and remove buildings, for the purpose of bSSfngs. anertingthe progress of fires, and of extinguisMng the same, when- ever they shall deem it necesrary so to do ; and the like power shall bepossmed and ezerdsed by the president of said village, acting by and with the advice of the chief engineer, or in his ab^nce, of the aaaataot engineer. 1 9. Section five of said title seven is hereby amended so as to read as follows : \ 5. The chief engineer of the fire department shall, under the direc- Chief en- tion of the board of fire commissioners, have the general superintend- SaV^^cns- imoe and custody of the fire engines and other &e apparatus, public ^I^^ ci8teni8,and oth^ conveniences for the prevention and extinguishment and Are of fires. It shall be his duty to see that the same are kept in proper fff** Older, and to make report, in writing, to the board of fire oommis- aoners of the state of the fire department, on or before the second Monday of February in each year, and at such other times as the com. miflBioners may require. It shall be his further duty to be present at hib da- trasand take oommand of the fire companies present, and to exercise ^^*' a general supervision and control of the operations and proceedings of tte difTerent companies present, and to give directions concerning the aune. It shi^ll be the duty of the assistant engineer to be present and Dntiee aid the duef engineer at all fires ; and in case of his absence, the S^neer. powers and duties of the chief engineer shall be exercised and dis- <^Biged by the asnstant engineer. \ 10. Section six of said title seven is hereby repealed, and the fol- BepeaL lowng sohatltuted in the place thereof : ^6. All bills for expenditures connected with said fire department Bins to be Bint he certified to be correct by said board of fire commissioners ^«'*^«'^- befaie tiie aame can be audited by the said board of trustees. The j^P<>^ ^ Slid board of fire commissioners shall also, on or before the third ™^ ^' Ifanday of February in each year, present to the said board of trustees aieport diowing a complete inventory of all the property under their (te^, which rexxxrt shall also exhibit a particular statement of all ^^{J^ fire alarms and fires which have occurred in said village during the ^°^ * praoeding jeea, together with the cause of all such fires, as &r as tte aame shall have been ascertained. It shall also exhibit a par- iicQlar statement of losses caused by such fires and of all insurance tbereon. It diall also show the amount of hose which shall have been used, the source whence the supply of water was derived, the names of all members and ofiicers of said fire department and of the com- panies therein, and the names of all persons in the employ of said ward of fire commissioners and the compensation paid to them, and a ^tetement of all expenses paid or incurred in the fire dei)artment 2 lO LAWS OF NEW YOKK. [Chap. 10. during the year^ and such other information relating to the fire depart- EBtfmate ment as to the said oommifleioners shall seem important. And tiie Ms^to^^be said commissioners shall also^ on or before the third Monday of Novenu n^^^)- ber in each year, make and submit to said board of trustees an estimate of the amount of money required to pay the expenses of the depart- ment for the ensuing year. § 11. Section seven of said title seven is hereby amended so as to read as follows : ^ 1. The members of the present fire department of said village may continue to be members thereof, subject to removal as now pro- vided by law, until the companies composing said department shall be disbanded, and no longer, unless appointed by said fire commissioners, Existing as in and by this act provided ; and the said fire commissioners shall paniM^"^' have power, at any time after the passage of this act, to disband said SJ^and- co^Pfti^^s ^y ^ving notice to the officers thereof. The members of ed. the present fire department in good standing at the time their respec- Prfviieges tive companies shall be disbanded as above provided, and who iwall be».*™' then have served as firemen for three years, shall be entitled to the same privileges and exemptions as are provided by law in case of full service. & 12. Section eight of said title seven is hereby repealed, and the following substituted in place thereof: Bxemp. ^ 8. Every member of the fire department shall, so long as he BerdnKon remains such member, be exempt from serving on juries and from inihSA!^** military duty, except in cases of insurrection or invaaion, and shall daty. also be entitled to such other privileges and exemptions as are pro- vided by law. I ^18. Section nine of said title seven is hereby amended so aa to read as follows : Dismissal ^ 9. The bosxd of fire commissioners shall report to the board of ^rted,^ trustees, forthwith, every dismissal and resignation from said depart- and va- ment, and without delay make appointmento, subject to the approval flUed.^ of said trustees, to fill the vacancy or vacancies occasioned thereby. The name of each fireman, with the date of his appointment and time of service, shall be registered by and with the clerk of said village, in ! a book to be kept by him for that purpose*; and the certificate of the president and clerk, under the seal of the village, shall be* sufiicient evidence of the facts necessary to entitle any fireman to the privileges and exemptions in his &vor provided by law. RepeaL ^ 14 Section ten of said title seven is hereby repealed, and section eleven of said title, which is hereby amended so as to read as follows, shall be inserted in said title as section ten : Property k iQ. The present fund and property of the fire department of said ?y c^- village, and all moneys which said department shall hereafter receive, m^on- ^}^\i belong to said fiire department, and shall be managed and invested by the fire commissioners and the president of said village, and su6h fund, or any part thereof, may be appropriated and applied by the^fire commissioners and the president of the village, or a majority of them, to any lawful purpose which ttiey may deem for the benefit of the fire department sepeai. ^15. Subdivision eighteen of section two of title four of said act is hereby repealed and the following substituted in the place thereof: Assem. 18. To prohibit the gathering or assembling of x)6r6on8 upon public oiTl^eto streets of said village, or congregating upon the corners of the streets maybe thereof and to authorize the police ofiicers of the said village to dis- ed? perse all such gathering, or assemblages of persons, and upon the refiiBal Chap. 10.] NINETY-SEVENTH SESSION. 11 or neglect of pereoiis so oongregated or assembled to disperse, when oommanded so to do by a police officer under regulations to be pre- soibed by the board of trustees, such police officer may make summary summary airest of any pCTson or persons so refusing or neglecting, and take him ^The or them forttiwith before one of the police justices of the said village, ""*^o- to be tried by him as disorderly persons, and punished as such ; and all such persons are hereby declared to be disorderly persons. \W. Section three of title five of said act is hereby amended so as io read as follows : 1 3. The board of trustees may cause to be raised, by general tax Tax for iiIK>nall the x>€^i^onsand property named in said assessment roll, apa^^oses. specified sum of money for special purposes, in addition to the ordinary eonent expenses of said village ; but no such tax shall be raised for ^ote by special purposes unless the voters of said village, qualified as prescribed ^*^**'^- in the next section, shall so decide by ballot, at a meeting of said voters to be held at such time and place in said village, as the board of trustees shall appoint ; the poll of sucJi meeting Siall be opened at somise, and closed at two o'clock in the afternoon of the same day. The said trustees shall apjwint three inspectors of said meeting, one of Throe in- whom shall act as clerk to keep the poll-list ; the said inspectors, or a to^^bcT^ap- majority of them, shall canvass the votes given at said meeting, and f^^.?!^» certify the result thereof to the board of trustees at its next meeting, ties? which certificate shall be filed with the clerk of said village ; and if it ^11 thereby appear that a majority of the voters are in &vor of such tax, the said trustees shall proceed to collect and apply the same to the purposes for which such tax shall be voted. \ 11. Section eight of title five of said act is hereby amended so as to read as follows : § 8. The board of trustees of said village shall make, or cause to be Tmstces made, estimates of the expense of doing any of the acts, or conform- ^t^afos ing to any of the regulations mentioned in subdivision twelve of sec- ""<^ na- tion two of title four of this act, and shall make, or cause to be made, meuia. a just and equitable assessment thereof among the owners and occupants of all the houses and lots intended to be benefited thereby, in propor- tion as nearly as may be to the advantages which each shall be deemed to acquire ; and every such estimate and assessment, when duly ratified at a meeting of said trustees, by at least five of the trustees, shall be • binding and conclusive upon all parties interested therein or afifected thereby. \ 18. Section eight of title eight of said act, as amended by chapter three hundred and ninety-seven of the laws of one thousand eight hun. dred and seventy-two, is hereby further amended so as to read as follows: \ 8. Whenever, by agreement with said trustees, as aforesaid, or upon Asecw; iks determination of said jury or said commmissioners, an award shall a^vafa^^ become final as aforesaid, for damage sustained by reason of making gi^d costs, sodi alteration or improvement, the amount thereof, together with said made. fe^ of commissioners, and the costs and disbursements in the proceed- ings fdToieeaid, shall be assessed among the owners and occupants of all the houses and lots intended to be benefited thereby, in the same man- aer as expenses are now by law directed to be assessed and collected, for making the local improvements jirovided for in subdivision^twelve of section two of title four of said act. 1 19. This act shall take effect immediately. 13 LAWS OF NEW YORK. {Chap. 13. Roappro- priation ibr oom- locksat Cohoes. Bepeal. Oliap. il* AN ACT to provide for the completion of the rebuilding of stone the combined wooden locks at Cohoes, Cham- plain canal. Passed February 10, 1814 ; three-fifths being present The People of the Skite of Neto York, represented in Senate and Asaembipy do enact asfoUotoe : SEcrioif 1. The sum of twenty thousand dollars^ appropriated by chapter seven hundred and sixty-seven of the laws of eighteen hun- dred and seventy, {)a8sed May ninth, eighteen hundred and seventy, for constructing an aqueduct at Wilbur's basin, on the Champlain canal, where the creek at that point flows into said canal, and also the sum of ten thousand dollars, appropriated by chapter eight hundred and fifty of the laws of eighteen hundred and seventy-two, passed May twenty-third, eighteen hundred and seventy-two, for constructing a lock and side-cut at Wilbur's basin, on the Champlain canal, and also the sum of ten thousand dollars, appropriated by chapter seven hun- dred'and sixty-six of the laws of eighteen hundred and seventy-three, passed June fourteenth, eighteen hundred and seventy-three, for con- structing a lock at Wilbur's basin, on the Champlain canal, be and the said several sums so appropriated as aforesaid are hereby and herein re-appropriated, or so much thereof as may be necessary, for the pur- pose of completing the rebuilding with stone the combined woc^en locks at Cohoes, on the Champlain canal, tx) be paid by the Auditor of the Canal Department on the draft of the Canal Commissioner in diarge of the eastern division of the canals. ^ 2. All acts or parts of acts inconsistent with this act are hereby repealed. ^ 8. This act shall take effect immediately. Animals, any act of craeltv to, a misile- meanor. Sodetj for pre- Tontion of crnelty to animals, powers of ofiloers of. Interfer- ence a misde- meanor. Oliap. 12. AN ACT relating to animals. Passed February 11, 1814 ; three-fifths being present. The People of the State of iV%to York, represeiited in Senate and Assembly f do ena>ct as follows: Section 1. Every x>er8on who shall willfully set on foot, or instigate, or move to, or carry on, or promote, or engage in, or do any act toward the furtherance of, any act of cruelty to any animal shall h& guilty of a misdemeanor. ^ 2. All agents of the American Society for the Prevention of Qraelty to Animals shall have all the powers now conferred on them by law. Any i)erson who shall falsely represent or personate an officer, agent or member of said society shall be guilty of a misdemeanor. ^ 8. Any officer, agent or member of said society may lawfully inter- fere to prevent the perpetration of any act of cruelty upon any animal in his presence. Any person who shall interfere with or obs&act any such omcer, agent or member in the discharge of his duty^ shall be guilty of a m&demeanor. Gup. 13,] NINETY-SEVENTH SESSION. 1 4 kaj ageni or office of mA flocaety may lawftilly destroy, or Any agent cum to be destroyed, any animal found aitandoned and not properly destroy eaied far, appearing in the judgment of two reputable citizens called aband- b^ him to view the same in his presence, to be glandered, injured or d^MaMd diseaaed past recovery for any useful purpose. animaia. \ ^, When any person arrested is at the time of such arrest in charge Agent of any vehicle drawn by or containing any animal, any agent of said !^hfu>ge^of sodefy may take charge of such animal, and of such veUcle and its ^'jl™^^ ooiteats, and deposit the same in a safe place of custody, or deliver the Z>niu^^^ Bune inio the posaesedon of the police or sheriff of the county or place ^^^^^ wherem such arrest was made, who shall thereupon assume the custody teeo£ ^ 6L All fines, penalties and forfeitures imposed and collected in any Fines to ooontv in this State under the provisions of every act passed, or which Mcfet^ may be passed relating to or in anywise affecting animals, except wheie otherwise provided, shall inure to said society in aid of the pur- pose far which it was incorporated. And no injunction shall be granted No in. Kunai said society, or any of its officers or agents, except upon motion, i^^Sns^ iner due notice and hearing thereo£ \ 7. Upon complaint under oath or affirmation to any magistrate Warrant aothoiized to issue warrants in criminal cases that the complainant has ^ ^"^^' just and reasonable cause to suspect that any of the provisions of law lelatin^ to or in anywise affecting animals are being, or are about to be Tiolatea in any particular building or place, such magistrate shall immediately issue and deliver a warrant to any i)er8on authorized by- law to m^e arrests for such offenses, authorizing him to enter and Beaich such building or place, and to arrest any person there present foand violating any of said laws, and to bring such i)er8on before the neaieat magistaite of comx)etent jurisdiction, to be dealt with according tokw. (8. In this act, and in every law of this state passed, or which may The 1)e paaaed, relating to or affecting animals, the singular shall include tore, u>r^'. the pluial ; the words " animal " or " dumb animal " shall be held to ^^^t^^^ iodade every living creature ; the words " torture," " torment," or defined, ''craelty" shall be held to include every act, omission or neglect whereby uigustifiable physical pain, suffering or death is caused or penaitled; and the words "owner" and "person" shall be held to indode corporations as well as individuals. But nothing in this act shall be construed as x'^l^biting the shooting of birds for the purjioses offanmanfood. \ 0. This act shall take effect immediately. Chap. 13. AN ACT to amend an act entitled "An act to incorporate the village of Spencerport, in the county of Monroe," passed April twenty-second, eighteen hundred and six- ty-seven. Passed February 12, 1814 ; three-fifths being present, I%e People (f the State of New Torky represented in Senate and imemUff, do enact ctafdUows: SacffiON 1. The west boundary described in the first section of an act vmaM •titled *'An act to incorporate the village of Spencerport, in the ^^^. 14: LAWS OF NEW YORK. [Chap. 15, -county of Monroe/' passed April twenty-second, eighteen hundred and sixty-seven, is hereby extended thirteen rods west from the pre- sent western boundary line. ^ 2. This act shall l^ke effect immediately. Chap. 14r. AN ACT to release the interest of the People of the State of New York in certain real estate to Ann Smith, George Smith, and others, being the widow and heirs-at-law of Thomas Smith, deceased. Passed February 12, 1814 ; by a two-thirds vote. T?ie People of the State of New Tork^ represented in Senate and Aseembly^ do enact as foUotcs : state tittc SECTION 1. All the estate, right, title and interest of the People of 2?d?tu ^ the State of New York, in and to all of the lands, situate in the town siS^re. ^^ North Hempstead, in the county of Queens, of which Thomas Smith, leased, late of Herricks, in said town, lately died seized and po8se8sed,.is hereby- granted and released to Ann Smith, the widow, and Gteorge Smith, the only surviving child, and Emma Butler and Caroline Butler, the grand-childi-en, and only heirs-at-law of said Thomas Smith, deceased, to have and to hold the same to the said widow and heirs-at-law in the same estate, and with the same interests, shares and proportions, as they would have taken, if the said Thomas Smith had been a natural- ized citizen of the United States at the time of his decease. Proviso. ^ 2. Nothing herein contained shall be so construed as to impair, dis- charge or affect any right, claim or interest of any other heir-at-law, grantee or devisee, or of any creditor by mortgage or otherwise of the said Thomas Smith, deceased, or of his said widow and heirs, in said real estate. § 3. This act shall take effect immediately. Chap. 15. AN ACT to amend section ten of chapter two hundred and fifty-four of the laws of eighteen hundred and forty- seven, entitled " An act concerning the laws, journals and documents of the Legislature.'* Passed February 13, 1814 ; three-fifths being present. The People of the State of New Yorky represented in Senate and Assembly y do enact as follows : Section 1. The fourth subdivision of section ten of chapter two hun- dred and fifty-four of the laws of eight^een hundred and forty-seven, entitled <ns attached, bearing semi-annua] interest Rate of in. at the rate of not exceeding seven per cent, per annum, payable on ^Eenp^*? the first days of August and February in each year, the principal of able. said bonds to be redeemable in three equal annual installments, com- mencing on the first day of February, eighteen hundred and eighty- two. ^ 2. The supervisor of said town shall negotiate the sale of said Sapeni- bonds at not less than par, and irom the money arising from such sale, t^ndB.^^ he shall pay over to the building commissioners, named or provided for in chapter one hundred and twenty-seven of the laws of eighteen handred and seventy-three, the amount which may be required by them, not exceeding the said sum of fifteen thousand dollars, to l>e Proceeds, applied by said commissioners in finishing and furnishing the town paJS^^i ™ hall, pursuant to the plans and specifications adopted by them, in and , how famishing the said hall and in purchasing a town clock and bell for ^^p^^^* said hall. I S. Before the surpervisor shall receive any money under this act Sapervi- . he shall give a bond to the board of town auditors of said town, in JJ" ^ 8odi penalty and with such sureties as the board may approve, for the BondB. safe-keeping and fkithful application of all moneys coming into his hands from the sale of said bonds, or otherwise, under the provisions c^ this act. He shall 'paj, fit}m time to time, as the work progresses, Moner to Bodi soms as a majority of said building commissioners shall certify to a-oiS time be due on account of work or materials, or for the purposes specified to time. in the second section of this act. \ 4. This act shall take effect inmiediately. le LAWS OF NEW YORK. [Chap. 17. Chap. 17. AN ACT to provide for the payment of the indehtedness of Amsterdam village, Montgomery county, in the State of New York ; and to regulate the incurring of future liability by the board of trustees of said village. Passed February 14, 1614 ; three-fifths bemg present The People of the SkUe of New York, represented in JSentUe and Assembly y do enact a^ follows: Board of SECTION 1 Isaac C, Shaler, Gardner Blood, Harmon Wendell, John S^nert. Kellogg and John Carmichael shall constitute a board of oommissioners, for the purpose of ascertaining, determining and liquidating the indebt- edness of Amsterdam village, in the county of Montgomery, and State of New York, existing at the date of the passage of this act ; and for disbursing, as hereinafter directed, the money to be received by them under the provisions of this act Their da. ^ 2. The Said commissioners are hereby directed and it shall be their ^^^ duty to ascertain and determine the indebtedness which shall be exist- ing against the said Amsterdam village at the date of this act ; and for that purpose said commissioners are hereby authorized to examine wit. Gertifl- nesses and administer oaths, and within thirty days after the passage madeand ^f this act they shall file a statement of such indebtedness, certified by filed. them, with the board of trustees of said Amsterdam village ; and a copy thereof in the office of the town clerk of the town of Amsterdam, which shall be subject to the inspection of any of the tax payers of said village. Bonds. ^^ ^ 3. It ^U be the duty of the board of trustees of said Amsterdam trutteesto Village to cause to be issued bonds of the village, signed by the presi. How'eze- ^^^^ ^^^ clerk, and under the seal of said Amsterdam village, for the oQted and full amount of said indebtedness, payable, with interest annually, at a amoont. fQ^Qpe period ; not, however, over three thousand dollars. and interest on the whole amount of such indebtedness in any one year, and deliver the same to the said commissioners, to be by them negotiated for the purpose of paying the amount of said indebtednesa Bonds, by ^4. The Said commissioners are hereby authorised to negotiate such gotiatedf * bouds, not however, less than at par, and apply the proceeds to the proceeds payment of the said debts so ascertained and determined by them ; and pUedf' upon payment thereof to take receipts in duplicate, one of which shall be filed with the clerk of the board of trustees of said village, and tiie other with the town clerk of the town of Amsterdam. Bonds to ^ 5. The board of commmissioners shall number the said bonds so bered and issued and delivered, and indorse and sign a certificate on the back of faadn^d^ each bond, showing to whom such bond was transferred and the date theroon. of such transfer ; and shall file with the clerk of said board of trustees, statement and also with the town clerk of the town of Amsterdam, an accurate med!^ ^ statement of such bonds, giving the number thereof and to whom transferred. Not raUd § 6. No bond issued by said board of trustees shall be valid or coU nnmbered leciible, unless numbered and certified by the board of commissioners Md oertt- or a majority thereof, and embraced in the statment of bonds filed, as in the last preceding section provided, aeikmay ^1. The Said board of commissioners are authorized to employ a >ioy«Hi clerk to aid them in the performance of the duty conferred upon them €hap. 18.] NDfETT-SEVENTH SESSION. 17 b^ iMs aci and to fix tlie oompensation of eueh clerk, wliieh shall be a dargQ upon said village. \ 8. The board of tnistees of AmBteidam village ore authorised and 'f'^^ ^ directed to caufle to be raised by tax uxK>n the taxable prox>erty of said j^^ipent' yUlagey and collected in each year at the same time and in the same orWusw manner as taxes are directed to be raised by the eighth section of the fifth title of the act, entitled "An act to amend and consolidate the kwB in relation to Amsterdam village, in Montgomerv county/' passed April seventeenth, eighteen hundred and fifty-four, and the acts amenda- t(»y thereto, a sum sufficient to pay the amount of the bonds and inter. est on bonds issued under the provisions of this act, then due or to become due in that year. \ 9. The board of trustees of Amsterdam village shall, upon issuing TrntteM flieir warrant in eadi year for the collection of taxes, file with the ]^J^ tnsorer of said vilac^e a statement of the amount raised for the purpose ment. of paying such bonds and interest ; and the said treasurer shall, out of Treasarer the filrst moneys collected and paid over to him by the collector in each |^f £ year, set apart a sum sufficient to pay, and pay the said bonds and inter, est due and to become due in that year. § 10. The collector of Amsterdam village is hereby prohibited from CoUectort aooepting or receiving any check, voucher or other eviaence of indebt- JSJeWe ednesB issued by the village or any of its officers, in payment of taxes checks. or paying any bills of said village ; and a willfdl violation of this sec- tion ^lall be a misdemeanor, punishable by fine not exceeding one hun. vidatioii, died dollars, or imprisonment in the county jail not exceecung thirty mj^?; days. § 11. The board of trustees of Amsterdam village are prohibited Trustees ftom inearring any liability in any one year beyond the amount which JJJ ^^' they axe authorized and directed to raise and collect in such year ; and bui^. far a willful violation of this section, each member of said board con. senting to the incmring of such liability shall be guilty of a misde. meonor, and u{)on conviction thereof shall be punished by a fine of not exceeding one thousand dollars, or imprisonment in the county jail not exceeding three months, or both such fine and imprisonment. \ 12. "niis act shall take effect immediately. Chap. 18. AN ACT to amend chapter four hundred and thirty-five of the laws of eighteen hundred and sixty •eight, enti- tled " An act to incorporate the village of Hamilton, in the town of Hamilton, in the county of Madison, and to repeal its present charter." Passed February 18, 1814 ; three-fifths being preaeni The People ]ioemen of cities in this state. § 1. The twenty-fourth section of said act is hereby amended to read as follows : § 24. The street commissioner shall, on or before the fifteenth day street of April in each year, furnish to the trustees a list subscribed by gumer, hto sodi street commissioner, of the names of all the inhabitants liable ^^^ to work on the highway ; moneyed or stock or other corporations ties. liable to furnish highway labor ; and said street commissioner shall be invested with all the powers now possessed by overseers of high- wa3r8 so fiur as the same may be applicable under the provisions of this act h 8. Section twenty-five of said act is hereby amended to read as follows: \ 25. The trustees shall, immediately after such list shall have been Trnstees furnished by the street commissioner, together with the assessment mine***^* roll, which shall be completed and delivered by the village assessors, amount of on or before the fifteenth day of April in each year, determine the be raiged amount or sum of money which they shall deem necessary to defray J^j streets, the expenses attendant upon making the streets, crosswalks, walks in the parks, sewers, ditches and sluices in said village, and to repair and keep in rep^ the same for the then ensuing year. And they shall then pou tax. proceed to apportion such sum among the persons and property liable to pay the same, as follows : Every male inhabitant of said village, being above the age of twenty-one years (except paupers, idiots and lunatics), shall be assessed at least the sum of one dollar as a x)oll tax ; the residue of such sum shall be apportioned upon the estate, real and Residue of personal, of every inhabitant of said village, and every corporation S?ee?^ ^^^ therein, and every stockholder holding or owning stock in any banking parpoeee 2Q LAWS OF NEW YORK. [Chap- 19. how asaoeiation therein, or upon the stock thereof, acoording to law, and g^' land of which there is no ooeapant or owner leaLdiiig in aaid village, Certain excepting the real and personal estate of any religious society therein, nottaxed ^^^ ^^^ propertS^ belonging to the school district therein, and the ' property belonging to the said village, and except such portion of the property which by any law of the state is exempt, o¥med by any min- ister of the gospel settled as pastor over any church or socie^. Which highway tax list shall be completed and placed in the hands of the village collector on or before the iir^ Monday of May. Amend- V9« The twenty^sixth section of said act is hereby amended by seodonae. striking out the words, ^* retaining not less than two, or more than fouv per cent, for collecting, as the trustees may by resolution direct'* V 10. Section forty^ne of said act is hereby unended so as to read as follows: inhabitr ^ 41. The Inhabitants of said village qualified to vote for the raising yoto imrn^ ^^ moneys, shall have power at any annual or special meeting to direct oys at the raising by tax of such sum, not exceeding one-quiuier of one per n^ungs oent. of the assessed valuation of real and personal property within said "eciai corporation, annually, to carry out the interests^ and purposes of this meetinm, act exclusive of i^e amount required by the act authorizing the bonding ^^^{j^^; of said village in aid of the Utica^ Clinton and Bin^hamton Railroad expressed Company, and no such tax shall be raised at a special meeting, unless in notice. ^^ intention of so doing shall be expressed in the notice calling such meeting. ^ 11. Section forty-four of said act is hereby amended so as to read as follows : ^ 44. When said tax list shall be fully completed, the said trustees shall forthwith cause a copy thereof to be delivered to the clerk of said village, and another copy thereof, with the warrant annexed thereto fbr the collection of the taxes therein mentioned, to the collector of Pntyof said village. Upon rec>eiving any tax list and warrant, said village on rTOeiV oolledx)r diall proceed in the collection of the tax in the same manner ^tax and shall have like authority and receive the same fees as collectors for towns ; but no collector shall receive any taxes at any saloon, or place where liquor is sold or kept for sale. ^ 12. This act shall take effect immediately. Cliap. 19. AN ACT to confirm the official acts of Sidney P. Morse, a justice of the peace in and for the town of Friendship, Allegany county, and to enable him to take and file his oath of office. Passed February 19th, 1814 ; three-fifths being present The People of the State of New Torky represented in iSeruUe and AaeemHpf do enact aefoUowe : OAoiai SBcnoN L All acts and proceedings by and before Sidney P. Morse, Sfdney P. ^ *^ justLoe of the peace for the town of Friendship, in the county of Hone de* Allegany, since the commencement of the term of office for whidii he ^SSSl^ was elecibed, to wit : since the first day of January, eighteen hundred and seventy-four, are hereby declared as valid, and of as fiill eflfect as • So ia originaL Cbip.«i.] ninety-seveptth session. 521 if ie Iftd taken and filed his oatii of office within the time leqniYed b^ kw; hot thi»act diftll not aflfect the right of any party to any soit or ProTito. legal pioeeeding whidi has been oommenoed previous to its passage, in cooseqiienoe of the invalidity of any act or proceeding by or before thesud jnstiee. ( S. The said S[dney P. Morse may, within twenty days from and ^^r uka after the passage of th^i act, take and iile his official oath as saoh justice Mtb. of the peaoe, and he shall, thereupon, be entitled to enter npon and discfaaige Uie duties of said office during the residue of the said term tor whicb he was elected. ( 3. This act shall take effect immediately. Chap. 20. AN ACT authorizing union free school district number one of the town of Athens to issue bonds and to borrow money for the purpose of erecting school buildings and purchasing a site. Passed February 20,*1814 ; three-flfkhs being present. 3%e People of the State of New Tork^ represented in Senate and Aesembfy^ do enact as follows : Sbctiof 1. The board of educatiop of union free school district number Board of one of the town of Athens are hereby authorized and directed to borrow, SJSJJr?**** upon the credit of the district, the sum of fifty-six 'hundred dollars, jzed to which amount has been voted by the inhabitants of said district to be mor^J > raised, for the purpose of erecting a new school house and for purchasing JJ^jj^' a site. And the said board of education are authorized and directed to issue coupon bonds in the name of the district, to 'be signed by the president and clerk of the board, in sums not exceeding five hundred dollars each, bearing interest at the late of seven per cent, per annum, payable annually. And 80 payable that fourteen hundred dollars of the principal, b^des interest on the whole amount of the bonds unpaid, beocnne due annually, and to sell and dispose of said bonds at not less than their -par value. And the said boud of education shall cause to be assessed, levied and collected the said money soborrowed, and inter- est from time to time as the same becomes due, in the manner provided in arUde seven, of title seven, of chapter five hundred and fifty .five of the laws of eighteen hundred and sixty-four, for the collection of school district taxes. § 2. This act shall take effect immediately. Chap. 21. AN ACT to amend the charter of Hohart (late Geneva) college. Pbssed February 90, 1874 ; three-fifths being jnesent. The People of the State of New Tork^ represented in Senate and Assembly f do enact as follows: SacvioN 1. The charter of Hobart (late Geneva) college is -herel^ amended by striking out so much of the charter as reads ^^ that the said 2Q LAWS OF NEW YORK. [Ceap. 19. bow asaodatioiL tberein, or upon ihe stock thereof, aooordiog to law, aoid Soned. ^^^ ^^ which there is no oocupant or owner residiiig in said villa^. Certain excepting the real and personal estate of any reli^^ious society therein, PJJJPJ J^ and all property belonging to the school distnct therein, and the * property oelonging to the said yUlage, and except soch portion of the property which by any law of the state is exempt, owned by any min. ister of the gospel settled as pastor over any church or society. Which highway tax list shall be completed and placed in the hands of the village collector on or before the iirst Monday of May. Amend. &.9* The twenty^sixth section of said act is hereby amended by ■eotion M. stnking out the words, '^ retaining not less thiui two, or more than fouf per cent for collecting, as the trustees may by resolution direct" & 10. Section forty^ue of said act is hereby amended so as to read as follows : inhabitr ^ 41. The inhabitants of said village qualified to vote for the raising yoto moZ of moueys, shall have power at any annual or special meeting to direct eye at the raising by tax of 8U(5h sum, not exceeding one-qu^'ter of one per meetings oeut of the asscssed valuation of real and personal property within said specua oorpoiation, annually, to carry out the interests^ and purposes of this meetinm, act exclusive of Ij^e amount required by the act authorizing the bonding teation u^^ Said village in aid of the Uticar Clinton and Binghamton Railroad ezpreMed Company, and no such tax shall be raised at a special meeting, unless in notice. ^^ intention of so doing diall be expressed in Uie notice calling &acb meeting. ^ 11. Section forty-four of said act is hereby amended so as to read as follows : ^ 44. When said tax list shall be fully completed, the said tmsfcees shall forthwith cause a copy thereof to be delivered to the clerk of said village, and another copy thereof, with the warrant annexed tiiereto for the collection of the taxes therein mentioned, to the collector of Daty of said village. Upon receiving any tax list and warrant, said village on"rw^iV collector diall proceed in the collection of the tax in the same manner ^taz and shall have like authority and receive the same fees aa collectors for tovms ; but no collector shall receive any taxes at any saloon, or place where liquor is sold or kept for sale. ^ 12. This act shall take effect immediately. Chap. 19. AN ACT to confirm the official acts of Sidney P. Morse, a justice of the peace in and for the town of Friendship, Allegany county, and to enable him to take and file his oath of office. Passed February 19th, 1814 ; three-fifths being present The People of the State of New Tork^ represented in JSencUe and AseemUpf do enact aefoQotoe : OAeiai Sbction 1. All acts and proceedings by and before Sidney P. Morse, ^daey P. ^ ^ justloe of the peace for the town of Friendship, in the county of Hone de* Allegany, since the commencement of 'the term of office for whidbi he ^ISSl w>^ eledied, to wit : since the first day of January, eighteen hundred and seventy-four, arehereby declared as valid, and of as ftill effect as • So in origbkftl. Ciup.«l.] NINETY-SEVENTH SESSION. 521 if he liad taken and filed Ub okHi of office within the time leqnifed b^ kw; but this act diftll not affect the right of any party to any suit or ptotIm. legal pioeeeding which has been oonunenoed pTevioos to its passage, in eonseqnenoe of the invalidity of any act or proceeding by or before the said josfeioe. \ 2. The said ffidney P. Morae may, within twenty days from and ^^r uka after the x^aaaage of this act, take and file his official oath as snch justice ^tb. of the peace, md he shall, thereupon, be entitled to enter upon and diachaige ^e duties of said office during the reeddue of the said term fiir whicb he was elected. ( 3. This act shall take efiect immediately. Chap. 20. AN ACT authorizing union free school district number one of the town of Athens to issue bonds and to borrow money for the purpose of erecting school buildings and purchasing a site. Passed February 20,*1814 ; three-fifths being present. The People of the State (/ New York^ represented in Senate and Aesembiyy do enact as fdUows : SncnoF 1. The board of educatiop of union free school district number Board of raised, for the purpose of erecting a new school house and for purchasing JJ^jj^® a site. And the said board of education are authorized and directed to issue coupon bonds in the name of the district, to 'be signed by the president and clerk of the board, in sums not exceeding five hundred dollars each, bearing interest at the late of seven per cent, per annum, payable annually. And so payable that fourteen hundred dollars of the principal, b^des interest on the whole amount of the bonds unpaid, become due annually, and to sell and dispose of said bonds at not less than tiieir ipsa value. And the said boud of education shall cause to be aoucoood, levied and collected the said money soborrowed, and inter, est firom time to time as the same becomes due, in the manner provided in article seven, of title seven, of chapter five hundred and fifty-five of the laws of eighteen hundred and sixty-four, for the collection of school district taxes. \% This act shall take effect immediately. Chap. 21. AN ACT to amend the charter of Hobart (late Geneva) college. Pbssed Pebruaiy 90, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly t do enact as, follows: BacnoK 1. The charter of Hobart (late Geneva) college is -hereby amended by striking out so much of the charter as reads ^ that the said 33 LAWS OF NEW YOEK. [Chap. 21. trustees shall also have x>ower, at any meeting daly oonvened, to elect and appoint, upon the death, removal out of the State or other vacancy of the place or places of any trustee or trustees, other or others in his or their place or stead, as often as such vacancy shall happen, and also to make and declare vacant the seat of any trustee who shall absent himself from five successive meetings of the board,'* and by inserting in the place thereof the following provisions, namely : Board of Fiom and after the second stated meeting of the board of tmstees, how^coa. appointed to be held in eighteen hundred and seventy-fonr, ihe said stiiuted. board shall consist of the president of the college, ex officio j the bishop of that diocese of the Protestant Episcopal church which includes the Trnstees college within its boundaries, ex offioio^ and twenty others. At the first ^deViato meeting of the board of trustees held after the passage of this amend- ciaaaes. ment, the trustees (other than the president of the college and the bishop as aforesaid) shall divide themselves by lot into five classes, of four Term of in each class. The term of office of one of such classes shall expire on when' to the day appointed for the second stated meeting of the board in the expire, y^ar eighteen hundred and seventy-four ; of another of such classes on the corresponding day of the year eighteen hundred and seventy-five ; of another of such classes on the corresponding day of the year eighteen hundred and seventy-six ; of another of such classes on the corresponding day of the year eighteen hundred and seventy-seven ; of another of such classes on the corresponding day of the year eighteen hundred and seventy-eight ; provided, however, that every trustee shall hold office until his successor is elected and accepts. At said first meet- ing after the passage of this amendinent the said board shall determine by lot the order in which the several classes shall go out of office, as aforesaid, and if there be more than twenty of such &ustees the excess shall be added to the class ffoing out of office in eighteen hundred and Eieetioii seventy-four. At the second stated annual meeting in each year, begin- vae^T' iiing with the year eighteen hundred and seventy-four, three trustees shall be elected by the board, who shall hold office until the second stated meeting in the fifth year from their election, and until their suc- cessors are elected and have accepted. All elections of trustees shall ma*™Seot ^ ^^ ballot. The alumni of the college may, in each year, elect one "oSitoef^ person from their own number, who shall be qualified to vote, at such election, to the office of trustee. All alumni of five years' standing, who have received in course the degree of bachelor of science, and all alumni who have received in course the degree of master of arts, may- have a vote at such election ; but in other respects the trustees may, by- by-law, regulate, from time to time, the mode in which such election Nnmbcr shall be made and authenticated to them. No election shall be made at l\^ except at a meeting at which at least thirty qualified voters shall be aiamnr P^^sent, and if such a number be not present, the election shall lapse to the trustees ; but it shall be the privilege of the alumni, in such ca^e, to nominate three of their number, from whom the trustees shall make their choice for the vacancy, provided that at least twenty qualified voters of the alumni are present to make such nomination. If less than twenty alumni be present, the trustees may fill the vacancy by electing any alumnus of the college. Such trustee shall hold office until the second stated meeting in the fifth year from his election, and until his vaowicy. successor is elected and accepts. Whenever any vacancy, by death, ®^ ® • removal out of the State or otherwise, shall occur in the board, tiie trus- tees shall have power to fill the vacancy, and the person who may be elected to fill such vacancy shall hold office for the unexpired term of the trustee in whose place he was elected. The trustees shall also have Chap. 23.] NINETY-SEVENTH SESSION. 33 power to make and declare vacant the seat of any trustee who shall absent himself from five snooessive meetings of the board. \ 2. This act shall ti^e effect immediately. Ch.ap. 22. AN ACT to repeal chapter five hundred and ninety-eight of the laws of eighteen hundred and seventy-two, entitled "An act for the better preservation of horse records." Passed Febroary 20, 1814 ; three-fifths being present. The People of the 8tate of New York, repreeented in Senate, and AgsenMy^ do etuut asfMofWs : SBcnoir 1. Chapter five hundred and ninety-eight of the laws of eighteen hundred and and seventy-two, entitlea *'An act for the better preservation of horse records," passed May eight, eighteen hundred and seventy-two, is hereby rei)ealed. § 2. This act shall take effect immediately. Chap. 23. AN ACT to amend an act entitled "An act to establish communication between Richmond county and New Jersey, incorporating the Tubular Transit Company of Staten Island," passed June ninth, eighteen hundred and seventy- three. f Passed February 20, 1814 The People cf the State of New York, represented in Senate and Assembly J do enut^ as follows : Section 1. Section five of chapter six hundred and eighty-one of the laws of eighteen hundred and seventy-three, is hereby amended so as follows : § 5. The said corporation shall, within three years after the x)assage Time A>r of this act, have complete its organization, and have paid in not less f^ "J^^*^'^. than fifty per cent, of its capital, and have commenced work, and shall izationex* file a certificate thereof in the office of the Secretary of State, and it ^*^«**- sfaalJ, within two years thereafter, have completed and in operation at Jeast one of its tunnels, and in default thereof this act shall be null snd void, ^ 2. This act shall take effect immediately. 5^4: LAWS OF NEW YORK. [Chap, 25. Chap. 24:. AN ACT to confirm the official acts of John Meredith Read, jr., a commissioner of deeds for the State of New York, at Paris, in the Republic of France. Passed Vehtuasj 20, 1874. Snte Pedple of the State of New Yorky repr&eented in Senate and Aeeemttpf do evuwt ds fcUofwe ': omciai Sbction 1. All the official acts and proceedings of John Mearedith John*' Read, Jr., a commissioner of deeds, appointed by the GJovemor of the Maredijh gtate of New York, at Paris, in the Republic of France (under and since' '*' pursuant to chapter thiree hundred and eight, laws of eighteen hun- 1878 * ^on- ^^ ^^^ fifty-eight, entitled " An act to authorize the appointment of iirmed. commissioners to take the proof and acknowledgment of deeds and other instruments, and to administer oaths in Great Britain and France," and the several acts amendatory thereof), since the fifth day of November, eighteen hundred and seventy-three, are hereby con. firmed and declared valid, and of as full effect as if his oath of office and official seal in du^ form of law had been filed in the office of the PtotIbo. Secretary of State, pursuant to said act, upon said date ; provided, however, that no instrument acknowledged before said commissioner on oath or affidavit, taken and subscribed before said commissioner since November fifth, eighteen hundred and seventy-three, shall be recorded or read in evidence, unless there be subjoined or affixed thereto the certificate of the Secretary Of State, required in and by the Secretary second Section of said act, and the Secretary of State is hereby author- aatbo^ i^<^ ^ ^^^ ^^ certificate in the same manner and with like effect ized to as if such oath of office and official seal in due form of law had been oertiiy. ^YQi in YdB office on the fifth day of November last, instead of on the ninth day of January, eighteen hundred and seventy-four. ^ 2. Nothing in this act contained shall be deemed or taken io affect the rights of any x>arty to any suit or proceeding commenced prior to its passage. ^ 3. This act shall take effect immediately. Chap. 25. AN ACT to authorize the trustees of " The Clyde High School " district, in the town of Galen, Wayne county, New York, to borrow money and issue bonds or certifi- cates of indebtedness therefor, for the purpose of pur- chasing site and building and repairing school-house in said district, and furnishing the same. Passed February 20, 1814 ; three-fifths being present. The People of the State of New Tork^ represented in Senate and AaaenMy, do encut asfdUowa : iSjgJ^ Sbction 1. The trustees of « The Clyde High School " district, in ^ to the town of Galen, Wayne county, are hereby authorized to borrow, m^^ on the credit of said district, such sum of money not exceeding thirty 'Chap. 26.] NINETY-SEVENTH SESSION. 25 thoosand dollars as may be legally voted by said district for the build- ing, repairing and furnishing the said school-house, in said district, aad the porehase of a site therefor. And for the money so borrowed ^^*««» the said trostees are hereby authorized to issue bonds or certificates of fzU to ia- indebtedness of said district, under their hands and seals, in sums of *"®'*°**^*« not less than one hundred dollars each, bearing interest at seven per oeut per annum, payable semi-annually on the first day of January and first day of July in each year ; said bonds not to be sold less than par ; and such bonds or certificates of indebtedness shall be classified Bonds to and issued so that one-tenth part of the whole amount thereof shall lied.*""**' be redeemable on the first day of January, 1875, and the residue in when nine equal annual installments thereafter. And the money that shall awef °* be raised by loan or sale of said bonds or certificates of indebtedness, shall be used for purchasing site or additional site for said district, ^^^^7-. and for building and repairing school-house in and for said district, appUed. * and furnishing the same, and for no other purpose whatever : provided, however, that the powers and authority conferred by this act shall only be exercised upon the condition that said district shall vote at district meeting said sum for such purpose, and such vote shall be taken in the same manner as now provided by law, for raising money for building school-house. I 2. It shall be lawful for the trustees of said, " The Clyde High Duty of School " district, and it shall be their duty, to make due provision by proViding tax in each year for the payment of the principal and interest falling ^^^'J*^^' due on said bonds or certificates during such year. And said principal principal and interest shall be assessed, levied and raised in the same manner ^^ ^^^^' as any other public or general tax of said district, and in addition to the general and ordinary taxes of said district now authorized by law. And the money, when collected, shall be paid over to the trustees of "The Clyde High School," and by them applied to the payment of the bonds or certificates of indebtedness &lling due in such year, and to no other purpose. \ 3. This act shall take effect immediately. Chap. 26. AN ACT authorizing the formation of corporations to secure camp grounds and other property connected there- with for the use of the Methodist Episcopal church. Passed February 20, 1874 ; three-fifths being present. The People of the State of New York, represented in /Senate and AAsembly^ do enact cw foUoioa : Sbttion 1. The presiding elder of any district, or the presiding elders Presiding of any number of districts, and a majority of the district stewards of Slatric?" any district or districts, appointed according to the discipline of the f*^^^* Methodist Episcopal church, residing in any ecclesiastical district or ceitin. * districts in this State erected by an annual conference of said church as *^*^** a presiding elder's district or districts, may make, sign and acknowl- edge, before some officer competent to take the acknow^ledgment of deeds, and file in the office of the clerk of any county in such district Certm- or districts, and a duplicate thereof in the office of the Secretary of ^*h|;. State, a certificate in writing, in which shall be stated the corporate th and eels, which may be taken with a spear, in Honeoye, Seneca, spear. Q^kjwga, or Ganaudaigua lakes, or in any inlet, outlet or canal running into or out of said Takes, or in any rivers, lakes or streams wholly or partly in the counties of Schuyler, Steuben, Seneca, Chemung, Yates, Tompkins or Ontario, or either of them, within ten years from and after the passage of this act Bepeai. § 2. All parts of the section above amended inconsistent with the said section as amended are hereby repealed. ^ 3. This act shall take effect immediately. Chap. 35.] NINETY-SEVENTH SESSION. 81 Chap. 34. AN ACT to repeal an act entitled " An act to provide for the location and erection of a new city prison and place for holding certain courts in the city of New York," heing chapter five hundred and thirty-five of the laws of eighteen hundred and seventy-three. Passed February 21, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and AtsenMyy do enact as follows : Section 1. Chapter five hundred and thirty-five of the laws of eighteen hundred and seventy-three, entitled " An act to provide for tl^ location and erection of a new city prison and place for holding certain courts in the city of New York," is hereby repealed. § 2. All proceedings commenced and i)ending under said act are hereby annulled. ^ 3. This act shall take effect immediately. Chap. 35. AN ACT to amend chapter three hundred and sixty-eight of the laws of eighteen hundred and sixty-five, entitled " An act for the incorporation of societies or clubs for certain social and recreative purposes." Passed February 27, 1874 The People of tJie State of New Yorky represented in Senate and AssetrMi/y do enact as follows : Section 1. The second section of chapter three hundred and sixty- eight oif the laws of eighteen hundred and sixty-five, entitled "An act for the incorporation of societies or clubs for certain social and recrea- tive purposes," is hereby amended so as to read as follows : § 2L Upon tiling a certificate, as aforesaid, the persons who shall have Corpora- agned and acknowledged such certificate, and their associates and sue- ^hen per- eessors, Hhall thereupon, by virtue of this act, be a body politic and A>cted. corporate, by the name stated in such certificate, and by that name they and their successors shall have succession, and shall be x)er8ons in law capable of suing and being sued ;«and they and their successors may have and use a common seal, and the same may be altered and ^'^^^'^^ dianged at pleasure ; and they and their successors, by their corporate ed.^ *"*^" name, shall in law be capable of taking, receiving, purchasing and hold- Murhoid ing real estate, for the purposes of their incorpoiation, and for no other tate.*"' purpose, to an amount not exceeding the sum of five hun<^red thousand dollars in value, and personal estate for like purposes to an amount not exceeding the sum of one hundred and fifty thousand dollars in value ; but the clear annual income of such real and personal estate Annual elttll not exceed the sum of fifty thousand dollars ; to make by-laws IfSS^a. for the management of its afiiEurs, not inconsistent with the constitution B} -laws, and laws of this State or of the United States ; to elect and appoint 33 LAWS OF NEW YORE. [Chaj>. 37. Agents, the officers and agents of such society, for the management of its busi- ness, and to allow them a suitable compensation, ^ 3. This act shall take effect immediately. Chap. 36. AN ACT relative to the village of Ballston Spa, to provide for completing the water works and paying all indebt^ edness incurred on account thereof. Passed February 27, 1874 ; three-fifths being present. The People of the State of Kew York^ represented in Senaie cLtid AsseTnblp, do enact as follows : Trnstees SECTION 1. The trust-ees of the village of Ballston Spa are hereby ^ndST^ authorized and directed, in addition to the bonds heretofore authorized how exe- by law to be issued by them, to issue bonds of said village, signed by onted. ^jJq president and countersigned by the clerk of said village, to an amount not exceeding eighteen thousand dollars, in the manner, and as authorized and provided in an act entitled "An act to amend an act entitled *An act to amend, and consolidate the several acts relative to the village of Ballston Spa, passed April twelve, eighteen hundred and. fifty-five,' as amended by an act to amend an act entitled *An act to amend and consolidate the several acts relative to the village of Balls- ton Spa, passed May ninth, eighteen hundred and sixty-eight, and for the purpose of secimng an additional 6upi)ly of water for the use of said village,' and passed May ninth, eighteen hundred and seventy- Bonds not two, and the amendatory act thereto," such bonds shall not be sold at at leL***^*^ ^^®® ^^*^ their par value, and the avails of said bonds shall be used for than par. the purpose of Completing the water works of said village and paying* ho*"aBed *^^ indebtedness of said village, incurred or existing on account of said ■ water works, or the procuring thereof ; the said bonds, or so many of them as shall be required for tlie purpose heretofore specified, shall be executed, delivered and disposed of for the purpose herein stated, in the manner and as provided in the acts last above referred to. ^ 2. This act shall take effect immediately. Chap. 37. AN ACT supplementary to an act entitled "An act to pro- vide for the incorporation of religious societies," passed April fifth, eighteen hvyidred and thirteen, and the seve- ral acts amendatory thereof. Passed February 27, 1814. The People of the State of New York, represented in Senate and Assembly f do enact as follows : ReUgious Section 1. Any two religious corporations incorporated under the SoM^may Provisions of the third section of the act entitled "An act to provide consou- for the incorporation of religious societies," passed April fifth, eighteen ^^^' hundred and thirteen, and the several acts amendatory thereof or sup- plemental thereto, are hereby authorized to unite and consolidate thgi^frives into a single corporation in the manner following. Chap. 37.] NINETY-SEVENTH SESSION. 83 ^ 2. The said two oorporations may enter into an a^^reement under Agree- their respective corporate seals for the union and consolidation of the said "*®**'* ooipoiatioiiSy setting forth the terms and conditions thereof, the name wiiat to of the proposed new corporation, the names of the persons who shall *^^'*^*^' be its church wardens and vestrymen, minister, elders, and deacons or teustees, or other officers, as the case may be, until the first annual election of the proposed new corporation^ and fixing the day of its annual election. \ 3. Each of the said corporations may make its separate petition to Petition the supreme court for an order for such union and consolidation, setting p^lme forth in such {petition the reasons for such union and consolidation, the conrt, agreement made pursuant to the second section of this act, all its prop- ^ntai?. erty, real and personal, all its debts and liabilities, and the amount a'nd sources of its annual income. § 4. A meeting of each of said two corporations to consider and act Meeting, upon the proposed union and consolidation, and the agreement and ^^^^^ o** petition therefor, shall be called by a notice given in the same manner and for the same length of time, as is provided for notices of election of trustees in the said third section of the act hereby amended ; and Proposed in case the proposed union and consolidation, and the agreement and 2ow"nj). petition therefor shall receive the approval of three-fourths of the per- proved. sons entitled to vote at an election of trustees of each of the two cor- porations, assembled at such meeting, or at an adjourned meeting, or a sabsequent meeting called in like manner, then, and not otherwise, the proposed union and consolidation may be proceeded with and the peti- tion presented to the couit. ^ 5. Upon such petitions from each of such corporations so proi)os- Snpreme ing to be united and consolidated, and upon the said agreement, and make an '^ the proceedings of the meetings prescribed in the fourth section, satis- order for &ctorily proved or certified, the supreme court may, in case it shall datfon. deem it pTox)er, make an order for the union and consolidation of such corporations, determining all the . terms, conditions and provisions ihereol All jiarties interested therein may be heard on such petition. § 6. When such order is made and entered, according to the practice Consou- of the court, the said two corporations shall he united and consolidated ^"hin^per- into one corporation by the name designated in the order, and it shall footed. have ail the rights and powers, and be subject to all the obligations of Jn§**iJ^. religious corix)rations under the act to which this is supplementary, and era of new the acts amendatory thereof and supplementary thereto. Son!^^* ^ 1. And thereuxx>n all the estate, rights and property of whatsoever Property nature belonging to either of said two corporations shall, without fur- ^^i^^' ther act or deed, be vested in and transferred to the new corporation new cor- as effectually as they were vested in or belonged to the former corpo- ^^ ^^' rations, and the said new corporation shall be liable for all the debts and liabilities of the former corporations, in the same manner and as effectually as if said debts or liabilities had been contracted or incurred by it. ^ 8. This act shall take effect immediately. 84 LAWS OF NEW YORK. [Chap. 39. Chg^p. 38. AN ACT for the disposition of excise moneys and fines for intoxication within the village of Monticello. Passed February 27, 1814. The People of the State of New Tork^ represented in Senate and Assembly f do e7iact as foUotcs : Moneys Sbction 1. All moneys derived from the granting of licenses for the ceiwes^ sale of intoxicating liquors and from the collection of tines for intoxi- and tin^s cation, within the village of Monticello, shall be paid over to the to ^roa?a- treasurer of, and for the use of said village; and the said tines and rer. licenses may be sued for and collected in the name of the president and trustees of the village of Monticello. ^ 2. This act shall take effect immediately. Chap. 39. AN ACT to reorganize the village of Medina. Passed February 28, 1874 ; three-fifths being present. The People of tfie State of Neio York, represented in Senate and Assembly^ do enact as foUcms : TITLE I: viUaiK© Section 1. All that district of country in the towns of Ridgeway aries^ and Shelby, in the county of Orleans, comprised within the following boundaries, to wit : Beginning in the center of a public highway at the northeast corner of lot number thirty-three, township fifteen, range three, of the Holland Land Company's land, running thence south along the east line of said lot number thirty-three and in the center of said highway, eighty-one chains thirty-six links, to the southeast corner of said lot ; thence east, one chain eighty-three links, to the northeast corner of lot number forty, township fourteen, range three ; thence south along the east bounds of said lot number forty and the center of the highway, fifty-nine chains sixty-eight links, to the south- east corner of said lot ; thence west along the south bounds of said lot number forty and the center of the public highway, eighty-four chains and four links, to the southeast corner of lot number nine, township fourteen, range four ; thence west along the south bounds of said lot number nine and the center of the public highway, thirty chains, to the southeast corner of lot' number eighteen, township four- teen, range four; thence west along the south bounds of said lot number eighteen, thirty chains and sixty-four links, to the southwest corner of lands of Christopher Timmermau ; thence north on the west line of said Christopher Timmermau's land, sixteen chains and thirty- two links, and thence still north, on the same (*ourse, to the north bounds of lands of William H. Watson ; thence east along the north line of said William H. Watson's land to the center of a public high- way called the Old Salt Works road ; thence north along the center of said public highway to a point in a line with the north bounds of lot number forty-one, township fifteen, range three; thence east to the Cbae.39.] NINETYSEVENTH SESSION. 85 liorthwest corner of said lot number forty-one ; thence east along the north bounds of said lot number forty-one, thirty-five chains, to the norUiwest comer of lot number thirty-three, aforesaid ; and thence east, along the north bounds of said lot number thirty-three, thirty- nine chains and fifty links, to the place of beginning, shall be a village known as tbe village of Medina, and the citizens of this State from time to time inhabitants within the aforesaid limits, shall be a body corporate and politic, by the name of the village of Medina, and as Corporate such shall have the rights, powers and privileges conferred by the ""*** statutes of this State ' upon municipal corporations, as well as those oonfeired by this act, which shall be known as the charter of said village. TITLE n. OP OFFICERS, THEIR ELFXTTION. AND APPOINTMENT. Section 1. The officers of said village shall be a president, six trus- Election tees, one treasurer, three assessors, one police justice, a collector of jS{cere. corporation taxes aud three inspectors of elections, all to be elected ; a health officer, a clerk, a sux)erintendent of streets and an attorney, and omcen soch other officers as are hereinafter authorized, who shall be appointed SJ^the*** by the president and trustees, and such special policemen as may be president appointed by the president, as hereinafter provided. feee.^^**^ ^ 2. The first election for officers for the said village under this act Election shall occur on the fij'st Tuesday in March, in the year eighteen hundred officeii**^* aud seventy-four, and every year thereafter it shall be annually held ^^^\^ on the first Tuesday in March, aud shall be held at such places as the ® ® board of trustees shall direct, notice of which shall be given by the Notice to clerk of said village, by publishing the same for two consecutive weeks Jy clerk. immediately preceding election in all the newspapers in the said village, stating the hours of opening and closing the polls, the place of Notice, holding the polls, and the officers to be elected. conta/n. ^ S. Every inhabitant residing in the said village, who shall, at the QnaUflca- time and place of otfering his vote, be qualified to vote for member of voters!^ Ajssembly shall be entitled to vote for all officers to be elected by virtue of this act. ^ 4. The village clerk shall give notice, in writing, of every election village to be held under this act, to the inspectors of election in said village at ^{^^^ ^ least one week before the day of election. They shall provide one notice of ballot-box to be marked, Corporation. All the ballots used shall be to^inspec- indorsed. Corporation, and shall contain the votes of the electors ^^' depositing them, for all the offices to be filled at the election. ^5. The polls of the election in the said village elections shall be PoUatobe of^ned at niue o'clock in the forenoon of the day of election, and shall S o^ciock™ be kept opeu without intermission or adjournment until four o'clock a- m. to 4 in the afternoon, when they shall be finally closed, and the inspectors p.V.° shall forthwith, without adjourning, canvaas the votes received by them inspec and certify and declare the result, stating the number of votes given ca^vwi** for each person for each office, and shall tile such statement or certificate votes on the same or the next day with the village clerk. 8uch statement *'°'^**^^***- of the first election to be held under this act shall be filed with the clerk of the trustees of the village of Medina. ^ 6. The trustees ^f the village of Medina shall meet on the first whenyu- Monday following the said first election under this act, and the state, lefs tT*^' ment of the inspectors shall be produced by the clerk. The said trus- ™««*- tees shall then forthwith determine, declare and certify, in the manner Trnstees now provided by law, who is elected to the office of president, and who 2*^ 36 LAWS OF NEW YORK. [Chap. 39. elected who are elected to the various other offices hereinbefore named ; such g^ident, certificate shall be filed with said village clerk. And the president and trustees so declared elected shall thereupon take the oath of office prescribed by the Constitution, and the board of trustees shall be Annual Organized. On the Monday next following the elections for village or^bojtni offi<^rs in each year thereafter the board of trustees of the preceding c^ trua years shall convene, at nine o'clock in the forenoon, at their usual ^* place of meeting, and the statement of votes filed with the village ^ard of clerk by the inspectors of election shall be produced by the clerk, cortify* The board of trustees sh9.ll then forthwith determine, aeclare and eiected^*^ Certify who were duly elected at said election to the various offices to viiiaije hereinbefore named, which ceiiificate shall be filed with the village offices, clerk ; the president and such of the trustees as shall have been elected at said last election shall thereupon take the oath of office prescribed by the constitution, and the board of trustees of the preceding year New shall thereupon be dissolved, and the board of trustees, composed of ffiinizod^" t^® president then elected and those whose term of office shall not When have expired, shall then be organized. All village officers elected enter" ^ uuder this act shall enter upon their respective offices on the Monday upon their next following their election ; after said first election, and after each omcea. subsequent election, the village clerk, immediately upon the filing with him of the certificate specified in this section, shall notify, in writing, every person so certified to have been elected of his election. Official Every person elected to any office under this act, before entering on the ^^^' same, shall take the oath of office prescribed by the Constitution of this State before the president or some officer authorized to take affidavit's to be read in coui-ts of justice, and file the same with the village clerk, except the police justice, whose oath shall be filed with the clerk of If official Orleans county. If any person elected or appointed to any office under ?aken"and the provisions of this act shall not, within ten days after notification of fn^en^*^ his election or appointment, take the required oath of office, and file the days, same with the village clerk, and give the securities required of him by b?de.™*^ the board of trustees, the said board may treat such neglect or omission ciaicd as a refusal to serve and declare vacant the office to which such person vacant. ^^ elected or appointed, in which case the vacancy shall be filled Tie. forthwith as herein provided. At said first election of trustees, and at each subsequent election, the board of trustees shall fill any office by appointment, in case of a tie vote, stating the fact of appointment in said certificate. All full terms of office, filled either by election or appointment, shall commence on Monday following the annual election, except as otherwise provided in this act. Term of § 7. The president and trustees shall hold their offices as follows : office. rj^^ president shall hold his office for one year. The trustees shall be Trnstees divided into thi-ee classes, two trustees in each class, and shall hold ciaaaifled. their offices for the term of one, two and three years, respectively ; but at the first election under this act six trustees shall be elected, two for Term of one year, two for two years and two for three years, and the term for be^deelgw which the person voted for is intended shall be designated on the bal- ba^l ^^ '^** ^^ ®^^ annual election thereafter two trustees shall be elected, and shall hold their offices for three years. Each jns- ^ 8. Each justice of the peat* of the town of Ridgeway, residing in peaceVe* the village of Medina when this act takes effect, and each justice of the the vSiaSre P®^^ ^^^ shall hereafter be elected in the town of Ridgeway and who to qnaiii^ shall reside in the village of Medina at the time of such election, shall JoaSce?^ qualify according to law as a police justice of said village, and shall continue to hold his office for the full term for which he was elected, Chap. 39.] NINETY-SEVENTH SESSION. 87 and until his sacoessor shall qualify and enter nx)on his office, in the sune manner in all respects, and shall possess the same powers and be His snbjeet to the same provisions as if he was elected under this act. A p^^^®"- police justice shall be elected for a full term of four years at the first a police election nnder this act, who shall possess the same powers and authority bc^eiocted in all criminal proceedings, and in taking acKnowledgments and JfJ]!^^,, administering oaths, as jus^ces of the peace in the several towns of this anu overy state ; and every fourth year thereafter a jxjlice justice shall be elected ^^^^^ who shall hold his office for the term of four years, commencing on the there- first day of January next succeeding his election. ^'' \ 9. At said first election there shall be elected three assessors, one Assessors, for one year, one for two years and one for three years, whose respec- tion^and^ tive terms of office shall be designated on the ballot, and thereafter an 'erm of assessor shall be elected at each annual village election, who shall hold ^ his office for the term of three years. The compensation for each Compon assessor shall be two dollars for each day actually employed in per- **'*^" ^^' forming the duties of his office. ^ 10. All officers elected or appointed under this act, except police Tenn of JQstioe, assessors and trustees, and except as further excex>ted in this ^^^^' act, shall hold their office for one year ; and all such officers shall hold their offices until their successors shall qualify. And if a vacancy shall omcers occur in any elective office, the board of trustees shall fill the same by ?o fioM*** appointment until the next annual election, when the residue of the tiu next t-erm of office, if there be any unexpired, of any officer whose term eiecUon. shall have become vacant, shall be tilled by some person to be elected to such office for the residue of such term according to the provisions of this act. h 11. No x^erson shall be elected or appointed to any village office village unless he be a resident elector of said village, and whenever any officer most "o of said village shall cease to be a resident of said village for which he resident was elected or appointed, his office shall thereby become vacant. The ® ®*^^*^"" president, trusted and assessors shall be freeholders of said village. § 12. Resignation of any office held under the provisions of this act Resigoa diall be made to the board of. trustees in writing, and filed with the ^^^^' clerk of the village, and no resignation shall take effect until the board of trustees shall have accepted the same. ^13. The treasurer and collector, before entering upon the duties of TTeasnror their offices, shall each give a bond to the village of Medina in such fe^^o? to penal sum as may be fixed by the board of trustees, with two or more give bond. sureties to be approved by the majority of the board of trustees, condi- AppoTai tioned for the fkithful discharge of the duties of their offices as pre- ditiou%f scribed by this act, which bond, when so approved and indorsed by a ^^'»<^' majority of the board of trustees shall be filed in the office of the clerk Bond, of the county of Orleans, who shall place the same on record as required^ ][^f\^ in the case of collectors of towns. Said bonds shall be a lien on all the Bonds a real estate of said treasurer or collector and his sureties in the county rcai"^**"^ of Orleans, and shall continue to be such lien until the conditions, estate. together with all the costs and charges which may accrue from the prosecution thereof, shall be fully satisfied. ^ 14. In case of any breach of the conditions of said bonds, suits may Action on be maintained thereon by the village of Medina, upon any bond given ^^^^' ^ for the collection of village taxes or assessments. Such collector and Liability his sureties shall also be liable to the same proceedings to enforce the tor^a**/,!?®' payment of money collected by virtue of any warrant issued by the sureties. trastees of the village, as are provided by law in respect to town col- lectors or their sureties. 88 LAWS OF NEW YORK. [Chap. 39. Bonds may be re- quired of other officers. Tmstees may de- clare office vacant If bond not exocnted when re- qnlred. President ortrasteos not to he Intereated in village contracts. Officers to deliver property, Sapers, ic, to sncces- 8ors. Board of trustees, how con- stituted. Annaal and other meeting^. President bas cast- ing vote. Slttinxs of board public. Mliintcs to be kept, and open to inspec- tion. Qnornm. ' Tax, how ordered, and ap- point- ments, how made. President may veto tax ordi- nance. § 15. Such other officers as may be required thereto by the board of trustees, shall severally, before they enter upon their offices, execute and file with the clerk (except the clerk, whose bond shall be filed with the president) a bond to the villag^e of Medina, in 8U(;h sum as the board of trustees shall direct, and with such sureties as the majority of the board of trustees shall approve, conditioned that they shall faith- fully discharge the duties of their respective offices, and pay over all moneys received by them respectively. ^ 16. If any officer, who shall be required by any of the provisions of this act, or by any ordinance of the board of trustees, to execute any bond before or after entering upon the duties of his office, shall fail to execute the same in the manner prescribed by this a(!t, or by any such ordinance, within ten days after he shall have been duly notified to do so, the board of trustees may declare his office vacant, and proceed to cause the same to be filled in the manner provided in this act in the cases of vacancies in office. § n. No president or trustees shall in any manner, dii-ectly or indi- rectly, be interested in any contract to which the village shall be a party, and any such contract in which any such offi<5er shall be or become interested shall thereby and thereupon be and become void. § 18. If any person, having been in office in said village, shall not within ten days after notification and •request, deliver to his successor in office all property, papers and effects of every description in his pos- session or under his control belonging to said village or appertaining to the office so held, he shall forfeit and pay to the use of said village one hundred dollars, besides all damages caused by his neglect or refusal so to deliver. TITLE ni. OF THE BOARD OF TRUSTEEa Section 1. The president and trustees of the village shall constitute the board of trustees thereof. The board of trustees shall meet at such place as the president shall designate annually on the first Tuesday next after the annual election in each year, and at such times as herein- after provided. At all meetings of the board of trust-ees the president when present shall preside, and in his absence one of the trustees may be called to the chair. ^ 2. In the proceedings of the board of trustees each member shall have a vote, except the president when presiding, who shall have only a casting vote when the votes of the other members are tied. § 3. The sittings of the board of trustees shall be public. The minutes of the proceedings shall be kept by the village clerk, and the same shall be open at all times to public inspection, and any person shall have access thereto and the privilege of making a copy thereof for publication in any newspaper published in sftid village of Medina, but such publi- cation shall be without cost or expense to said village. § 4. A majority of the board of trustees shall be a quonim for the transaction of business, but no tax or assessment shall he ordered, nor any appointment be made, except by a concurring vote of a majority of all the members of the board in office, and every resolution or ordinance of thd board of tnistees ordering a tax or assessment shall, before it takes effect, be presented duly certified to the president. If he approves of it he shall sign it, in which case it shall take effect immediatelv there- after unless otherwise ordered ; if he do not approve of it he shall return it, with his objections, to the village clerk within ten days after he receives it The board may then proceed to reconsider the same, and Chap. 39.] NINETY-SEVENTH SESSION. 39 if two-thirds of all the memberB elected then agree to pass the same it Hay be shall take effect as if it had duly received the president's signature ; in ^X^ ^^ erery case the vote shall be taken by yeas and nays and entered on the thirds minutes of the meeting, and the objections of the president shall also be ^^^' entered thereon at length by the village clerk, with the other proceed- ingSL If such ordinance or resolution shall not be returned to the clerk by tiie president within ten days after its receipt by him, it shall take effect in like manner as if he had signed it. § 5. The board of trustees shall hold stated meetings at least twice in stated eactk month, and the president, or, in his absence, any three tnistees, »"®®^8»- may call sj^ecial meetings, by notice in writing served personally upon the other members of the board, or left at their usual place of abode. § 6L The board of trustees shall determine the rules of its own pro- Trustees eeedings and be judges of the election and qualification of its own mem- peYat-^™' hers, and have power to compel attendance of absent members from tendance fcne to time, to prescribe the duties of all the officers and x)erBons be«.*°* appointed by them to any office or place whatever, subject to the provi- sions of this act. hi. All accounts and claims against the said village, and all accounts aii claims and claims for services rendered or moneys expended by any officer vlifage^to within said village, shall be presented to the board of trustees, and the ^e^^ ^ flame shall be referred to a standing committee of said board, to be com- sumdin^ po6ed of two members, to be called committee of auditing accounts. It ^i™;^. shall be the duty of said committee to inquire or examine into said com- aeooants, and they may send for persons and papers, and may examine "jjamf^^ the claimant on oath in respect thereto. The said committee shall claims report the matter referred to therein to the board of tnistees, either Jeportf^^ &vorably or adversely, with their reasons, and the said board of kustees shall then hear, examine and determine the same. ^ 8. The board of trustees or any committee thereof shall have power snbpce- to isBae a summons to any person to appear and testify before them in "**• respect to any matter in the jurisdiction of said trustees i)ending before or referred to them. Such i^ummons may be served at any place within the county of Orleans, in the same manner as subpoenas for witnesses in criminal csises. Any person who shall refuse to attend in obedience to Attach- any such summons may be arrested by an order or attachment, which SlfSsiSdr may be issued by the president or police justice upon proof of the ser- vice of such summons and such refusal, and committed to the county jail or other place of detention, until he shall appear and testify as required. Such witness so refusing to attend may also be fined and Remedy imprisoned for disobedience of such summons by the president or police obedience justice, in the same extent as a witness refusing to attend in obedience *<> sn^p®- tp a subpoena duly issued by a justice of the peace. Whenever any ^^' person summoned as a witness before said board of trustees or any witness oommittee thereof shall refuse to be sWom or affirmed, or to answer any impelled pertinent and proper question, the president or presiding officer of said U) answer. hoard or the chairman of said committee may forthwith commit such p^son to the county jail or other proper place of detention, for a period not exceeding twenty days, or until he shall be sworn or affirm or answer such questions. Such commitment shall be made by warrant commit. directed to the sheriff of the county or other officer having such place of whom detention in charge, and shall recite the cause of such commitment, and directed. Bodi officer shall keep such person in close confinement as directed thereby. ^ 9- The boai^i of trustees shall exercise all the corporate powers Tmstees mentioned in the Suet section of this act, and shall liave the control and ^ntroi of 40 LAWS OF NEW YORK. [Chap. 39, village management of all the property both real and personal belonging to the pr^erty corporation, and all finances thereof, and no debt or liability which may flnaaoea. become a charge against said village or corporation shall be created or Addition- contracted except by the authority of said board of trustees. And in of SuB-^" addition to such other powers as may be hereiti conferred upon it, said tees. board of trustees shall have full power : For pre- 1. To provide for the care, custody and preservation of the public of"*corfa property, records, books and papers belonging to said village or corpo- and prop- ration ; to prevent or punish any injury to or trespass upon the same ; ^ ^* to make any and all necessary repairs and improvements to the same, and to cause any part thereof to be insured when they shall deem it necessary. For pro- 2. To protect the inhabitants in their persons and property, suppress poraonft?^ disorderly assemblages, preserve peace and good order, and promote *c, ' the welfare and good government of the corporation. To pre- 3. To prescribe and define the powers and duties of the officers of ^^era said village, and in case an officer shall have duties spediically pre- ofofflcwf scjibed by this act, to prescribe such additional duiies as they may ' deem the interest of the village to require, and as shall not be inconsis- tent with this act. Bestraint 4. To restrain and punish vagrants, ipendicants, street beggars and fshmen?of persons Soliciting alms, keepers of houses of ill-fame, common prosti- boggars, tutes, bawds and disorderly persons, and to prevent and punish drunkenness and disorderly or immoral conduct in public places and streets, street 5. To prohibit the gathering or assembling of persons ux>on public bfagS. streets oi said village or congregating upon the corners of the streets thereof, and to authorize the constable and police officers of the said village to disperse all such gatherings or assemblages of persons ; and snmmary upon the refusal of persons so congregated or assembled to disperse arreste. ^hen commanded so to do by a constable or duly appointed police officer, under regulations to be prescribed by the board of trustees, such constable or police officer may make summary arrest of any person or I)ersons so refusing and take him or them forthwith before the police justice of said village or justice of the peace of said village, to be tried by him as disorderly persons and punished as such, and all such per- sons are hereby declared to be disorderly persons. Trustees 6. To fix and determine the compensation of the officers of the village ponBAtfon where the same is not otherwise provided for by law or this act, and to of officers, see that they perform faithfully and correctly their several duties and that proper measures are taken to punish neglect of duty in any of them. To audit 1. To audit such accounts and claims against the corporation as are alSi™* made out in items and verified, and order the payment of such as shajl order pay- jy^ allowed, and make such other rules and regulations in regard to the same as they may deem necessary and proper. To can 8. To call special meetings of the inhabitants of said village whenever moetiiigs in their judgment the same shall be required by the public interest ; and qSred ^^ ^* ^^^^ ^® their duty to call such meeting at any time when they shall be requested in writing so to do by any six of the taxable inhabitants of said village of Medina, and to carry into effect every resolution adopted at said meeting or at the annual election. To exam- 9. To examine the accounts of the treasurer from time to time and pre- uror-a^^icl scribe the manner of paying out arid accounting for money received by coantB. him for the village. To exer- 10. To exercise exclusively, within the limits of Said village, the " " /jos^ power vested in two justices of the peace by the second section of the oise eno Chap. 39.] NINETY-SEVENTH SESSION. 41 fint article of the eighth title of the twentieth chapter of the first part tices of of the Revised Statutes. ' p^«*^«- 11. To establish and regulate a public pound, and to reBtmin cattle, PnbUc harsea, sheep, swine, dogs, geese ana other animalu and fowls from run- vonud. mng at large in said yil^ge, and to authorize the distraining, impound. ing and sale of the same (except dogs) for the penalty incurred and the cost of keeping and proceedings, and to make regulations for confining Dogs. dogs and for destroying such as may be found running at large contrary to any ordinance, and to regulate their running at large. 12. To prohibit all kinds of gambling, and to regulate billiard rooms Prcvcn- and nine.pin or ball alleys. gnmhimg. 13. To suppress and restrain disorderly houses and houses of ill-fame. Disorder- 14. To prevent and regulate bathing in the Oak Orchard creek and ^^ *»o°6«8- other waters within said village. nnmodt 15. To prevent immoderate driving or racing in said village. rate driv- 16. To take full charge and control of the cemetery belonging to said !°^- Tillage of Medina, sell and convey burial lots theiein, and make all cemtterj. needful rules and regulations in relation thereto ; also to regulate the burial of the dead, and public burial grounds. n. To regulate by license, or prohibit, the exhibitions for money of shows. any circus, caravan, theater, curiosities, tricks of legerdemain, or other shows or entertainments. 18- To make or cause to be made maps of the village, to survey and village designate the boundaries of said village and of the streets, highways ^^|y o and public grounds thereof, and to designate and alter the names of streeu. said streets and the number of all lots and buildings. 19. To regulate, license or prohibit auction sales and sales by tran- a notion dent persons in the said village, and hawking and peddling in the '**^®^* streets of said village. 20. To prevent any encroachment, incumbrance or obstruction in or Prevdn- npon any street, sidewalk, highway or public ground in said village, croach-^^ and in case of the neglect or refusal of any person who shall have ments, caused any such encroachment, incumbrance or obstruction, or of the owner or occupant of any premises upon which shall be any building, fence or other structure or thing encroaching upon, incumbering or obstructing any street, sidewalk, highway or public ground in said vil- lage, to remove the same after being notified so to do, the board of Removal trustees shall have power to cause such removal at the cost and expense ***®"^®*- of such person or such owner or occupant, and to collect such cost and expense ajs hereinafter provided. 21. To compel the owner or occupant of any premises in said village Removal to clear the snow, ice, dirt or other substance or material off the side- So^U^f "^^' walk and out of the gutter, and to the center of the street in front of Biicfa premises, and in case of the neglect or refusal of such owner or oocnpant so to do, to cause the same to be done at the expense of such At ex- owner or occujiant, and to collect such expense as hereinafter provided. S^ner.**^ ^ To requife any turnpike, plank, flagstone, railroad or other road, Powera of flOTporation or company to keep the street or highway through which {^"raii-^"* its Toad may pass in said village, and the gutters and drains thereof, in road and good condition and repair, to lay or relay such road according to the ?onfpa- established grade of such street or highway, or such i)arts of the same ^^ies. ts the said board of trustees prescribe and direct, and to remove all incumbrances or obstructions which such corporation or company may have placed or caused to be placed in or on any of such streets or high- ways without unnecessary delay ; and in case such coi*poration or com- 4 42 LAWS OF NEW YORK. [Cilvp. 39. pany shall refuse qt neglect to do any of the acts so required, the said board of trustees shall have power to cause the same to be done at the cost and expense of such corporation or company, and such cost and expense, to be fixed and determined by the said board of trustees, may Proviso, be collected as hereinafter pi'ovided, but nothing herein contained shall be construed to deprive any railroad company or corporation of any of the rights or privileges now granted or which may hereafter be granted by the general railroad law passed April second, eighteen hundred and fifty, and the acts amendatiory thereof. Gaspipos, 23. To regulate the laying of all gas-pipes in said village, and to torcgn^ require any corporation or company, after laying or rex)airing such pipes iat« lay. in any street or highway in said village, to put such street or highway "*^ * in good condition and repair, and to remove all incumbrances or obstruc- tions which such corporation or company may have placed or caused to be placed in any such street or highway without unnecessary delay, and to require such corporation or company to keep proper signal-lights burning at night at all holes or dit<;hes, or other places which may have been rendered dangerous to persons traveling such streets or highways ; BFay re- and in case such corporation or company shall neglect or refuse to do smnoto* any of the acts so required of it, the said board of trustees shall have ex ^enae** ^^® power to cause the same to be done at the cost and expense of such oi* ooi-po- corporation or company, and to collect such cost and expense as herein- nttion. Q^f^^^ provided. Trustees 24. To prevent or regulate the erection or construction of any build- vent or^ ing or other structure which shall project into or over any street or tdde- strocla^res ^^^^ ^^^ ^^^ village, and the hanging or suspending of any goods, iirojoet- signs, sigu-ljoards or any other thing whatever, in or over any such stnjetei or street or sidewalk, and to remove the same at the expense of the per- »i(ie- son, owner or occupant causing the same, and to collect such expenses ^'^^^' as hereinafter provided. Light- . 25. To erect lamps, lamp-x)Osts and fixtures, and cause such of the 8tx©e"ts. streets of said village as they may deem proper to be lighted, at such times as in their opinion the wants and interests of the village require, and, in their discretion, to charge the expense of erecting such lamps, lamp-posts and fixtures, and of lighting the stjeets, as street expenses. Gnnpow- 26. To prohibit, license or regulate the keeping, storing, use or sale other^ex- of gunpowder, or any other combustible or explosive substance or com- plosives, pound, and the conveyance or transportation of the same in or through any part of said village ; also, to regulate or prohibit the use of fire- arms in said village. Proven. 21. To prevent or regulate the construction or use of any building, flrcs.^^ chimney, fire-place, heater, stove, stove-pipe, oven, repository of ashes or charcoal, boiler furnace, or any other apparatus or thing whatever which may be considered dangerous with regard to fire, and to cause the owner or occupant of any premises upon which shall be found any thing dangerous with regtml to fire, to remove the same or put the same in a safe condition ; and in case such owner or occupant shall neglect or refuse to do so, said board of trustees shall have jiower to cause the same to be done at the cost and expense of such owner or occupant, and to collect such cost and expense as hereinafter provided : and for the purposes aforesaid, or any or either thereof, the said board of trustees shall have power to enter into or upon, or authorize the entry into or upon any building or premises in said village. Reflrnia- 28. To regulate the use of lights in stables or buildings in which com- tlso of ^*^° bustible materials may be deposited, and prescribe the use of lanterns lights. or safety lamps in stables and buildings ; to prescribe limits within said Chap. 39.] NINETY-SEVENTH SESSION. 43 Tilla^ within which wooden buildings shall not be erected, and to for- Trustees bid (Mr prohibit any person or persons to erect within the limits so pre- SiSJi erec- scribed any wooden house, store, shop, stable, barn or other structure tion of of wood, as in their opinion the public safety may require, without the biSwin^ pennifision of said trustees, and to direct that such buildings as they may permit to be erected within said limits shall be constructed of stone or brick, with partition walls of the same material and with tire-proof roofa « . . 29. To compel the inhabitants to keep fire-buckets* ctT ^^ 30. To prevent and abate nuisances, and to determine what are such, Tmstees ttther upon view or ux)on testimony of witnesses (who may be examined I",jy dete? on oath before them), and for these purposes or any or either of them minewbat to enter into or upon, or authorize the entering into or ui)on, any build- Slices" * lug or premises in said village ; and in case tlie owner or occupant of any building or premises in or upon which such nuisance may be found Bball n^lect or refuse to remove or abate the same after being notified to do so, the said board of trustees shall have power to cause the same to be removed or abated at the expense of such owner or occupant, and to collect such expense as hereinafter provided. 31. To compel the owner or occupant of any grocery, market, tallow Trnstces diandler shop, factory, privy, pig-sty, drain or sewer, or any other pe?ihe*™' unwholesome, offensive or nauseous house or place, to cleanse, purify, ciennsing remove or abate the same from time to time, or as often as in the Sffifnsive opinion of the board of trustees it may be necessary for the health, ^^"^^^ *c- comfort or convenience of the inhabitants of said village. 32. To prohibit any person from bringing or depositing any unwhole- PntHd Bome, putaid or decayed carcass, skins, hides, fish, meat or other sub- "**^'«'"- stance or thing within said village, and to require or authorize the removal or destruction thereof. 33. To prohibit 6t regulate plaughter-houses or the slaughtering of Rcgnia- animals, and to regulate the time, place and manner of the sale of gjanphter meats, fish and vegetables within said village. hoDses. 34 To prescribe regulations as to the location and c^nstniction of sowcre private sewers, drains or water-pipes in said village, and for the pre- ^rtdns. vention of any injury or obstruction of any street or sidewalk thereby. 35. To x)rosecute, in the corporate name of the village, upon any con- Trnstees tract or liability in which said village or corporation may be interested, Jjcn^to^ Tn* and for all fines and penalties, cost and expense imposed by this act, or corporate by any ordinance or by-law of the village, and enforce the collection "mage? thereof. 36. To build or purchase a village hall, purchase fire-engines and vinage neceaaary hoee and other apparatus for the use of the fire department, j*^J ^^ eiecfc engine-houses or hire suitable places for keeping said engines, giuos, Ac. bose and apparatus, to dig public wells, sewers and drains, make aque- weiis, ducts, cisterns and reservoirs in said village for the use of the inhabit- |^,^*^" ants thereof, and procure pumps, hydrants and other necessary fixtures drains, therefor, and to carry into effect any lawful resolution which may be adopted by the said inhabitants at any annual election or special meeting thereof. 31. To jjpohibit and punish every game, practice, amusement or act in prohibi- ihe public streets, or elsewhere, having a tendency to frighten teams or ^ J2»ef * horses, or to injure or annoy persons passing in or along the highways or streets of the village, or to endanger property. 38. To direct the keeping and return of bills of mortality. Bin of 39. To regulate the speed of locomotives, tenders and railroad or g ^^^'^^^^ other cars, and to prevent the unnecessary obstruction of streets by the loromo^ flame in said village. *^^®»- 44 LAWS. OF NEW YORK. [Chap. 39. Shade 40. To direct and regulate the planting of shade trees and ornamental iSmy**^^ trees along the streets and sidewalks of said village, and to prevent the thereto, injury to shade trees and defacement of fences, walls, posts and build- ings in said village. Eninoas 41. To Compel the owner or occupant of any wall or building within bnUdUiV *^^ village, which may be in a ruinous or unsafe condition, to render the same safe or to take down* and remove the same, and to prohibit such erections ; and in case of the neglect or refusal of such owner or occupant to render such wall or building safe, or to take down or remove the same after being notified so to do, the board of trustees shall have Expense power to cause the same to be taken down and removed at the expense of same. ^^ g^^j^ owner or occupant, and to collect such cost and expense as nere- inafter and as hereinbefore provided. Trnstees 42. To make the cost and expense mentioned in subdivisions twenty, certaui*^* tweuty-fiiur, twenty-seven, thirty and forty-one of this section a lien costs and upou the lots or premises therein mentioned or implied, and to issue a*^i?on^np- Warrants against the owners or occupants thereof, respectively, to collect on lots. g|ic]j costs and expenses as assessments and taxes are collected. tiHwteM.' 43. To provide a room or rooms for the board of trustees. Reports 44. To require any officer of the village to furnish reports, information or estimates whenever deemed proper by the board of trustees. Fire arras. 45. To prevent and punish the discharge of fire-arms, rockets, gun- rockets, powder and fireworks in or near the streets of the village, or in the vicinity of any building. Town * 46. To accept for said village of Medina, without cost thereto, a tower clock. Qj town-clock, such clock when so accepted to be and become the pro- perty of said village of Medina and be thereafter cared for and lighted by said village, viiiago 47. To ascertain, establish, settle and determine the boundaries of the boniiBa- yiiiage, and of all the streets, alleys and highways therein. Scuttles In 48. To Compel the owners or occupants of buildings to have scuttles roo&. jjj ^jjQ roofs thereof, and stairs or ladders leading to them. Trnstoes 49. To sue, in the name and for the benefit of the village, for all iSYame Penalties imposed by the excise laws, and to impose, fix and recover, of village, for the benefit of the village, j)enalties for violation of the excise laws or either of them, or any other provisions of this act. Power to 50. And for the purposes aforesaid, or any or either of them, or of dinance«, executing' any powers conferred upon the board of trustees or upon the by-laws, ' village, by this act or otherwise, the said board of trustees shall have full power to make, establish, publish, modify, amend or repeal ordi- To pre- nances, rules, regulations and by-laws, and prescribe, fix and enforce penaftics s^ch penalties or fines as they may deem proper for the violation of and Ones, them respectively, not exceeding one hundred dollars exclusive of said PnbUca. cost and expense, for any one offense, but every such ordinance, rule, laws^'&cf " regulation or by-law shall be published at least once in one of the newspapers printed in said village before it shall take effect, and every such ordinance, rule, regulation or by-law, together with a certificate by the clerk of the village of the time of the publication thereof, shall be posted, entered or recorded in a book to be provided and kept for that ETidence. purpose ; and the said record, or a copy thereof certified by the clerk of said village, shall be presumptive evidence in all courts and places, and in all actions and proceedings, of the due passage of such ordi- nance, rule, regulation or by-law, and of its having been duly published. Cbap. 39.] NINETY-SEVENTH SESSION. • 45 TITLE IV. OF THB POWERS AND DUTIB8 OP OPPICER& Section 1. Any officer of the village government, or any person Misde- employed in its service, who shall willfully violate or evade any of the °»®*°<>™- jvovicdOQH of this act, or commit any fraud upon the village, or convert any of the public property to his own use, or knowingly permit any other person so to convert, shall be deemed guiltv of a misdemeanor, and, in addition to the x)6na)ties imposed by law, shall forfeit his office. Addition- and be excluded from receiving or holding any office under the village *J^pe"»i*y of Medina thereafter ; and any person who shall willfully swear falsely in any oath or affirmation required by this act shall be guilty of perjury. It shall be the duty of the president to preside at any special meeting The pnwi- of the inhabitants of said village, to take care that within said village ^al^^^gl*^ the laws of this 8tate and the ordinance and by-laws passed by the board of trustees be faithfully executed, and to arrest or cause the arrest of all persons violating the same, to exercise a constant supervision over the conduct of all subordinate officers, to receive and examine into all com- plaints against them for misconduct or neglect of duty, and to report the facts to the board of trustees, to recommend to the board from time to time such means or measures as he shall deem necessary or expedi- ent for them to adopt to expedite and cause to be carried out all such as shall be resolved upon by them, and in general to maintain the peace and good order of the village. In case the president shall be unable to Tmstees perform the duties of his office, in consequence of a continued sickness oneo?^*"' or absence from the village, or if there be a vacancy in the office, the thcirnnm- tmstees shall appoint by ballot one of their number to preside at their aule^n^' meetings; and the presiding officer thus chosen shall be vested with all H^^ powers and perform all the duties of president of the village until the president shaH resume his office or the vacancy shall be supplied accord- ing to law. No salary or compensation shall be allowed or paid to the No salary president or any trustee for any service rendered in the discharge of their aint^^" respective offices pursuant to the provisions of this a(5t. The president tmateo. of tiie village of Medina shall x)ossess all the power and authority con- ferred upon presidents of villages by any statute of this State. In case in ab- of the absence of the president from any special meeting of the inhabi- fhepresi- tauts of said village, it shall be the duty of some one of the trustees of ensation as collector of taxes of towns, except as otherwise provided for in this act. Village § 6. The clerk of said village shall have the custody of the records, ciwtotiiiui hooks and papers of the said village ; he shall act as clerk of the board ^bookfl, of trustees and attend all its meetings ; he shall record, in the manner prescribed by said board, their ordinances, rules, regulations, by-laws and resolutions, and also the proceedings at elections and meetings of Books and the inhabitants of said village. The books and papers in the othce of ^JPp™. ^ said clerk shall at all times, on demand, be produced for inspection to dnced for any taxable inhabitant of said village, and, upon like demand and the t?ou.*^ tender of fees at the rate of six cents per folk) therefor, he shall furnish copies of any papers or records tiled with him as such clerk. Copies €ertifled! of all papers filed in his office and transcripts from the record of said evFdence. village, certified by him under the corporate seal, shall be evidence in all courts and in all actions or proceedings in like manner as if the Clerk to originals were produced. He shall keep an accurate account of all connt'of moneys received by him belonging to the village, and shall, within ten moneys days after the receipt of any moneys by him, pay the same over to the Bam'8, direct All moneys shall be drawn from the treasury, in pursuance of dSwn. the order of the board of trustees, by a warrant upon the village treas- urer, signed by the clerk, and countersigned by the president or pre- Chap. 39.] NINETY-SEVENTH SESSION. 47 siding oflScer of the boarcl of trustees. Such warrant shall specify for Pnrpoae what purpose th^ amount therein named is to be paid, and the clerk J^ecmed. shall keep an accurate account of all orders drawn on the treasurer in a book to be provided for that purpose. The village clerk shall receive Compen- for his services such compensation, not exceeding one hundred dollars ^J^j!^^ ^^ iu each year, as the board of trustees shall fix, and he shall not receive for any service whatever any other fee or reward from the village. \ 7. The treasiurer shall receive and safely keep all moneys belonging Treaa- to the village. He shall also keep an accurate account of all receipte *^'^®*- and pa3nnentB so as to exhibit the amount paid under each particular class of purposes for which money shall be raised, and make returns theieof in such manner, and at such times, as the board of trustees shall direct. It shall also be the duty of the treasurer, not less than statement ten days before the annual, election held under this act, to cause to be anrfd?8?^* published in a newspaper in said village a full and correct statement, bnrsc- in detail, of the Teceipts and disbursements by the said treasurer for SlfpuV.** the contingent, street and cemetery expenses of said village from the lisi^cd. last annual report. The attorney shall perfoim such duties as shall be Attorney, required of him by the trustees- ^^ dnties. i 8. It shall be the duty of the superintendent of streets, under and Snperin- su&ject to the direction and control of the board of trustees, to act as ^reeis^ °' overseer of highways and take general supervision and charge of all duties of. the highways and streets in said village, except as otherwise provided in this act. The board of trustees may, at any time, limit, regulate snbject to and restrain him in the peformance of his duties, and may fix the boortfof ^ amount of his compensation, which shall not exceed two dollars and trustees. fifty cents per dav ; and said trustees, upon complaint of any taxable May bo inhabitant of said village, shall immediately remove from office and for"nee-^ discharge any superintendent of streets who shall neglect or refuse to ^ct of perform the duties required of street commissioners of incorporated ^^^' villages by chapter four hundred and twenty-four of the laws of the State of New York, passed April twenty-ninth, eighteen hundred and sixty-nine, and any act amendatory thereof or supplementary thereto. \ 9. .The poundmaster shall have the powers and perform the duties Pound- eonferred and imposed upon him by this act, and upon town pound- ™**'^®'- masters by any statute of this State, and such other lawful powers and duties as the board of trustees may x)rescribe. ^ 10. It ^lall be the duty of the policemen to preserve peace and Duties of good order, and enforce the ordinances, rules, regulations and by-laws men.^' in said village, and they shall perform such other duties as the boajrd of trustees may prescribe. They shall also have the same powers and Have the perform the same duties as constables in towns and counties in this state loZ^^ ^^ in criminal cases, and be entitled to the same fees therefor, together with stauies. sndi additional compensation for extraordinary services as the board of trustees shall deem proper. The president shall have power to Special appoint as many special policemen as from time to time he may deem ^e^' necessary, to serve without compensation a specified length of time not extending beyond the time for the next annual village election after their appointment. They may be removed at the pleasure of the president. BOARD OP HEALTH. \ 11. The board of trustees shall annually appoint three persons who Trustees shall constitute the board of health for the village of Medina. The bJ>??d of"* board of trustees shall appoint to his office, during its pleasure, a com- health. peient physician to be the health officer of the said board. A majority 4:8 LAWS OF NEW YORK. [Chap. 39. Powers of of said boETcL shall be oompetent to transact any business tiiereof. Said health?^ board shall possess and exercise all the i)0wer8 and authority of boards of health in any of the cities or villages in this State ; it may hold its sessions at such times and places as it may see fit, publish from time to time its ordinances, resolutions and rec^ulations, as it shall deem initec- proper. Every practicing physician in saia village who shall have a postiien- patient laboring under any infectious or pestilential disease shall forth- tiaidis- with make report thereof, in writing, to said board; and for neglect- ^^^' ing so to do, shall be deemed guilty of a misdemeanor. Said board of health is hereby declared to be organized in accordance with the provisions of the Revised Statutes of the State of New York, and in Hcifirhtof addition to all other powers conferred hereby said board of health water m g^^jj have power to regulate the height of water to be maintained in earoam, any race, stream, artificial water course or feeder within said village latedr*^ during the months of July, August and September in any year, and pre- scribe penalties for the violation of any ordinance, resolution or regu- lation by them adopted for the purpose of regulating the height of such water. TITLE V. OP THE POLICE DEPARTMENT. Persons SECTION 1. Every person arrested under or by virtue of the charter of arroatod. ^^^ village, or any ordinance or by-law thereof, shall be taken without unnecessary delay before such i)olice justice or justice of the peace residing in said village, to be dealt with according to law. Van-ants ^ 2. Where any person charged or complained against as a vagrant or orderly disorderly person, under the provisions of this act, shall be arrested persons, ^nd brought before such police justice or justice of the peace, he shall proceed forthwith to hear and try and determine the complaint op charge upon which such person is so arrested, or he may in his discre- tion adjourn the hearing or trial, on cause shown, not to exceed ten days, and in the mean time shall commit the accused to jail, or take bail that the accused will appear on such adjourned day ; and upon Penalties, conviction of any such ofiender, either upon confession or competent testimony, the said x)olice justice or justice of the peace shall have full power, and he is hereby authorized to punish such offender by fine not exceeding fifty dollars or by imprisonment in the county jail of Orleans county not exceeding six months, or by both such fine and imprison- ment. Habitaai ^ 8. All habitual drunkards in said village shall be deemed vagrants deciai^d " Under the provisions of the second title of the twentieth chapter of the vagrants, first part of the Revised Statutes, and may be proceeded against accord- Disorder- ingly ; and in addition to the persons mentioned and described in the c?oSned!°' fifth title in the twentieth chapter of the •first part of the Revised Statutes, all persons who shall be intoxicated in said village under such circumstances as to amount to a violation of the public decency ; all persons who shall indecently expose their persons in said village ; all persons who shall, by noisy, tumultuous or riotous conduct, disturb the quiet and peace of said village ; all persons who shall willfully give or assist in giving a false alarm of fire ; all persons who shall use vul- gar, profane, or obscene language or conduct in any street or public place in said village ; all persons who shall sell intoxicating liquors without license in said village ; all persons who shall neglect or refuse to report cases of contagious or pestilential diseases in pursuance of the regulations of the board of health ; all persons who shall be guilty of immoderate driving or racing horses on any of the streets of said vil- CaiP.39.J NINETY-SEVENTH SESSION. 49 he^ ; all peisons who shall have incited or induced dogs to fight in any street or pablic place in said village, or vrho shall permit any unmuzzled ftrodoos dog to be at large in any street or public place ; all persons wbo shall be guilty of using or shall use any threatening, abusive or insalting language, or behavior tending to provoke a breach of the peace, or whereby a breach of the peaca may be occasioned ; all persons wbo shall willfully break, mar, injure or deface any building, fence, awning, sign, sign-board, tree, shrubbery or other tlung, or any of the pablic property of said village ; all pe 8Q(ii action it shall only be necessary to allege in the complaint that the iif^orpo defendant is indebted in a sum, stating the amount and referring to of^th"*™® the flection or sections of this act, or of the by-law or ordinance under vuiago. whidi the penalty is claimed, and to give the special matter in evi- dence ; and the defendant may answer by denial general or specific, Answer, and give the special matter in evidence. The first process in any First pro- acdon under the provisions of this act, or any ordinance or by-law b«^y""^ made in pursuance thereof, may be by warrant, and every such process waiTant. shall contain an indorsement stating that the same is issued to recover indorso- a penalty, and referring to the number of the sections of the law, or °**^"^* oidinance or by-law under which the penalty is claimed, and no other indorsement shall be necessary. All expenses incurred in proceedings Expenses for the recovery of any fine, penalty or forfeiture under this act, or any Ijy^ofpo- ordinsuice passed in pursuance thereof, shall be defrayed by the corpo- ration, atbn, and all such fines, penalties, forfeitures and costs, when (jol- Fine8,&c., tected, shall be paid to the treasurer for the use of the village, except ^ vi^nSgo w herein otherwise provided. When judgment shall have been treasurer. recovered for any such fine, penalty or forfeiture, the execution issued Execn- thereon shall direct that if the person or persons against whom the tocoo^^*' pdgment shall have been recovered have no property whereof the '*^°- jodgment can be collected, such person or persons shall be imprisoned ineloae custody in the jail of Orleans county for a term to be specified 50 LAWS OF NEW YORK. [Chap. 39. Com ]jluliit \Tithont probable etittie. Snbpoena to issue on reqaetit. Disobe- dieuce thereto, how nun- iflheo. Throe poHcomen may be pointed. Powers and dnties or police- men. Trn«tee8 may es- tablish a look-up. Fees of police- men. Acconnt ot tees of police Jos- in Buch execution, not exceeding sixty days, and it eliall be executed accordingly. ^ 5. Whenever, in the opinion of the police justice or justice of the X>eace, a complaint shall nave been made without probable cause, he may impose the cost and expenses of the proceeding upon the com- plainant and enforce the collection thereof as in other cases. ^ 6. It shall be the duty of the police justice or justice of the peace, whenever requested by the trustees or president of the village, to issue a subpoena, requiring any person to appear before him to give evidence upon a complaint or charge for an offense committed or supxx)sed to have been committed in said village, and said subpoena shall have the like effect in all respects, and disobedience thereto punished, the same as if issued in an action pending before him ; upon the return of such subpoena the police justice or justice of the peace shall examine the witness or witnesses so subpoenaed, on oath, in relation to the supposed offense, and if it shall appear that any offense has been committed, he shall proceed thereon in the same manner as though such witness had voluntarily made complaint before him. & 1. The trustees shall have power to appoint not to exceed three policemen, one of whom they shall appoint and designate as chief of police, all and every one of whom upon executing and filing with the village clerk a bond approved by the trustees, as constables of towns are required to execute and file with the town clerk, shall possess the same powers and perform the same duties in all acUons and proceed- ings, civil and criminal, arising in the bounds of said village, and shall be subject to the same liabilities as town constables in the town of Ridgeway. It shall also be the duty of such policemen to obey such orders as they may from time to time receive from the trustees or the president of the village, or the chief of police, regarding their duties ; to report to the president all violations of the ordinances and by-laws of the village, with the names and residences of witnesses ; to pre- serve the public peace ; to attend all public assemblages in said village and preserve order ; to be vigilant for the prevention and discovery of crime and the detection of criminals, and to report to the president all crimes and offenses committed in the village ; to arrest all persons dis- covered in the actual commission of crimes and breaches of the peace, and all vagrants or disorderly persons, without process ; to execute all process issued by the police justice or justice of the peace ; to report to the president all suspicious persons, houses of ill-fame, gaming or gam- bling houses, and all places where idlers, tipplers, gamblers or other disorderly or suspicious persons may frequent or congregate, or any violation of this act ; and to x)erform the duties of watc^hmen in said village whenever directed so to do by the trustees, the president or chief of X)olice, and obey all rules and regulations which they may pre- scribe and establish for their government and discipline ; and to per- form such other duties from time to time as the trustees or president of the village may prescribe or direct And the trustees may establish and maintain in said village a lock-up, station or watch-house, for this purpose, to be under the superintendence of the chief of police, and they may lease or purchase any building or premises which they may deem necessary or appropriate for that purpose. ^ 8. The trustees may allow the police justice and policemen such fees for any services performed by them as are allowed by law for similar services to justices of the peace or constables of towns. ^ 9. The police justice and policemen shall respectively keep an account of their fees in criminal cases in three classes, one of which shall Chip. 39.] NINETY-SEVENTH SESSION. 51 eompiiae fees which are properly and by law county charges; theticeand Beoond class such fees as are properly and by law town charges ; and STen'^'how tbe third elass such fees as are properly village charges The first class kept! dall be paid by the county of Orleans, and be levied and assessed by Fees, how the board of supervisors as other county charges ; the second shall be ^^^^' chaiged upon the towns of Bidgeway and ^Shelby, and levied and aase^ as other town charges ; and the third class shall be x>&id by nid Tillage as other village charges. \ 10. The trustees, the president of said village, and the policemen, Trnsteea, and each and every one of them respectively, shall have the power and SSa**^^"' lie hereby authorized at any and all times, to arrest or cause to be poHcemen airested with or without process, any person who may be found by MTeetsf ^ them committing any crime or breach of the peace or violating any of the ordinances or by-laws of said village. Every person so arrested P«»ty Ml be taken forthwith before the police justice or the justice of the tobe'^ peace herein provided. In case such police justice or justice of the {Jjjj^ peace cannot be fonnd, then the oihcer arresting such offender may iM>Uce jns- detain him in custody or commit him to the lock-up, station or watch- ^^*^' boose, or any other convenient and secure place, for safe keeping, not exceeding twelve hours, until such police justice or justice of the peace can be found, when such oihcer shall immediately bring such oJQFender before such police justice or justice of the peace to be dealt with accord- ing to hiw. The said officers, or any of them, shall have power to Officers command assistance whenever it shall be deemed necessary, the same u^J?.*^"^ u constables of towns^ and with like efi'ect. at>ce. TITLE VI. OP THE COMMISSION OF EXCISE. Section 1. The board of trustees shall be the commissioners of excise Ccom- of said village of Medina, and shall possess the powers and perform ™,!|f*},f"^x. the duties of boards of commissioners of excise and be subject to the else, excise laws of this State, except as modified by this act, they shall meet but one day in each month. The compensation of each commissioner Their of exdse shall be two dollars for each day of actual service. Their SJtiwf.^' expenses for neoessary books and blanks shall be audited and paid as other village charges. All license monevs, and all penalties for viola- Liconso tkm of excise laws or ordinances, shal i be paid over to the village S^n^f pjjn. tieasQier for t"he benefit of the village of Medina, and may be sued for *^^<».|{> and recovered, in the corporate name of the village. troasmer. \ 2. The board of trustees, upon application being made therefor, may Trustees fmnt license to sell or dispose of malt, spirituous or intoxicating liquors fjllenfos to within said village of Medina, for the period of one year, or until the seii intox- next annual charter election ; provided, that every husband, wife, child, uqno"if. parent, guardian or employer, or other person who shall be injured in Action by pwBon, property or means of supi)ort by any intoxicated person, or in ]{f^ i,j!"" consequence of the intoxication, habitual or otherwise, of any x)erson, anyintox- 80* husband, wife, child, parent, guardian, employer or other person, person, flhall have a right of action in his or her name, severally or jointly, f^^^^ tgainst any person or persons who shall, by selling or giving intoxicat- sdiers. u^ liquors, have caused the intoxication in whole or in part of such person or persons, and the owner or owners of, lessee or person or per- Owner or »n8 tenting or leasing any building or premises, having knowledge ^^JfJi^**» that intoxicating liquors are to be sold therein, or having leased the knowi- Bu&e for other purposes shall permit intoxicating liquors to be sold in litSSi, SQcfa building or premises, that have produced the intoxication in whole 53 LAWS OP NEW YORK. [Chap. 39. or in part of such person or persons, shall be liable, severally or jointly with the person or x)er8ons selling or giving sach intoxicating liquors, Damaires for all damages sastainecL All damages and costs assessed or recovered Scovw.*" agai™8t any person or persons in consequence of the sale of intoxicating ed, alien, liquorfl, as provided in this section, shall be a lien upon real estate and personal property of such person or persons of every kind, without exception or exemption, and shall continue to be a lien upon the said property until said damages and costs are paid, and any justice of the peace of said county of Orleans shall have jurisdiction of such actions when the amount claimed does not exceed two hundred dollar& TITLE VIL ' OP TAXES AND ASSESSMENTS. Annnai SECTION 1. The board of trustees shall, in each year, within one of viu«ffe nionth after the annual election, make a careful estimate of the village expenaes. expenses for all purposes, excjept highways, streets and oemeteiy, which estimate shall not exceed one thousand dollars, and of the expense of highways, streets and crosswalks, which estimate shall not Powor to make a total exceeding three thousand dollars. The board of trustees ney^by*** shall, for said several purposes, have power to raise by tax, in each t*x- year, from the property therein liable to taxation, such sum of money as they deem proper, but not exceeding three thousand dollars. The Fnnd to, fund for which sudi sum shall be raised shall be specified in the resolu- be^peci. ^.^^^ authorizing the raising of the same, and such funds shall be the street fund and the contingent fund, and all expenses chargeable to the street fund under the provisions of this act shall be paid from such fund; and all other expenses of said village, except the cemetery expenses, shall be paid from the contingent fund. Inhabit. ^ 2. The board of trustees may also, in any year, raise by general tax vote Jwffi- such further sums as shall have been voted by a majority of the inhabi. ?ura*la tantsof said village entitled to vot« and voting on a proposition to raise meeting, such additional tax at an annual or special meeting called for^ that pur.* Vote most pose. The vote on such proposition shall be taken by ballot, which bniiot. shall be indorsed " tax," and shall have on the inside the words ** for Form of the tax " or '^ against the tax ;" and in case it is proposed to raise ballot. money by tax for more than one purpose, one ballot shall be sutiUcient for that purpose, and shall have on the inside the words " for street tax," " for contingent tax," " for cemetery%tax," or " against street tax," " against contingent tax," " against cemet^iy tax," or said ballot may- be in favor of one or more of such taxes and against the other or others. Qnaiifloa- No person shall vote on a proposition to raise a tax upon the inhabi. voters!^ tants of Said village unless he shall be an elector thereof, and shall have resided therein six months next preceding the time when he offers his vote, and shall be a bona fide tax payer in the village, and have his name enrolled on the last tax roll of said village, and be assessed there- on upon real or personal property. The presiding officer shall judge the qualifications of voters at such meetings, and any person misrepre- senting to said presiding officer, voting thereat, shall be guilty of a mis- Clerk to demeanor. The clerk shall give at least ten days' notice of any such Sceof^ meeting, by publishing such notice in a newspaper published in said meeting, village, and by posting such notice in at least five of the most public places in said village, which notice shall distinctly state the object or objects and each of the objects of such meeting. The result of sudi bal- lot shall be announced by the president or chairman thereof before the adjournment of such meeting. CHAP.39J NINETYSEVENTH SESSION. 53 \S, The taxes hereinbefore mentioned shall^ if practicable^ be indaded in one assessment. ^ 4. Whenever the electors of said village shall, pursuant to the pro- Assess- Tiaons of this act, at the annual or special meeting, or whenever the J^J"^'^^ trustees shall, in cases in vrhich they are authorized so to do, direct any and how emn of money to be raised by tax, it shall be the duty of the assessors "^*^^^' of said village to proceed forthwith, when directed by said trustees,' to asBess and apportion the same upon or among the owners or occupants of real or personal property, incorporated companies and associations^ lands of non^residente in said village, and the inhabitants of said vil- lage liable to taxation, in the same manner as taxes of towns are directeil by law to be assessed and apportioned, as nearly as practicable imder this act. ^ 5. 8uch pillage assessors shall, on or before the fifteenth day of ADonai May in each year, make their annual assessment of all property, real SJI^f ' ud personal, vrithin said village, liable to taxation under the laws of when to this state, and the poll-tax, hereinafter provided for, and they are ^^ *^* ®* hereby invested with the same powers in respect to assessments as Powen of town assessors, including the power to administer oaths and to correct ***^®"- Taloations on the application of persons aggrieved ; but the said asses- Meeting 90fs mnst fix the time and place in said village of meeting to hear ^ination! applications to correct the valuation, and give notice of such meeting Notico to \^ publishing the same once a week for two successive weeks in one or ^® *^^^®^* more of the newspapers printed in said village. And said assessors shall perform such other duties as the trustees shall prescribe and direct k 6. When such assessment roll shall be completed, the said assessors^ Copy or flhall file a copy thereof (verified as assessment rolls of towns are now ^nfroii by law required to be verified) with the clerk of said village, and all ^^eflied. ti^ assessments of taxes in said village during the year commencing on the first Tuesday of April shall be made from said assessment, so far as consistent with this act. \ 1. It shall be the duty of the assessors, after they shall have ap- Assessors portioned any tax and completed the tax and assessment roll, to deliver ^11*^^^*^^' the same to the clerk of said village, and file a true copy of the same to cicrk. witJi the treasurer. It shall be the duty of the trustees forthwith to Trustees sign and attach a warrant to such roll delivered to said clerk, and ^a^. deliver the same to the village collector, for the collection of such tax, tach urar- omilar in form to the one prescribed by law for the collection of town ^^ ' and county taxes, and deliver to the village treasurer an account stating Acconnt the amount to be collected, and for what purpose the same, or any part ihrered*^t1> thereof, is raised or assessed ; and said treasurer shall thereupon charge treasurer. aodi amount to said collector. 1 8. Upon the delivery to him of such roll and warrant, the collector Collector Efaall deposit with the village clerk a copy of the warrant with his withTierk leeeipt indorsed thereon, acknowledging the reception by him of the a copy of original roll and warrant, and {hereupon shall proceed to receive and ^*"^*" * collect the taxes in said roll specified. It shall be his duty immediately Coiiect9r U> publish notice in one or more of the village newspapers, and also to Sotffot** po^ written or printed notices in three public places in said village, time and designating some convenient place within the village where he will whfcVhe attend every day for ten days (except Sundays) next after a day in said c^Jj^ J"®' notiee to be spedfied, from nine o'clock in the forenoon until three taxes. o'dock in the afternoon, for the purpose of receiving payment of taxes ; and it shall be the duty of said collector to attend accordingly ; and aaj person may pay his taxes at the time and place designated, on pay.. 54 LAWS OF NEW YORK [Chap. 39. Fees of \ng such sum as shall be fixed by the trustees, not exceeding one x>6r eouector. ^^^^ f^^^ thereon,.and thereafter said collector shall proceed to collect the unpaid taxes in his toU specified in the manner provided by law for county or town taxes, and shall have and possess the power and authority conferred by law on collectors of county and town taxes, and shall, in like manner, pay over all moneys collected by him to the Collector village treasurer and take his receipt therefor. The collector shall retlirn^to ^^^^^- return to the treasurer of the village of the amount collected by treasnrer him, and if any of the taxes remain unpaid he shall deliver to said counted, treasurer an account of the taxes so remaining unpaid, and upon mak- Collector ing oath that the sums mentioned in such account remain unpaid, and ited*^^h that he has not, upon diligent inquiry, been able to discover any goods nupaid or chattels belonging to or in the possession of the person charged with or liable to pay such sums whereon he could levy the sam^ he shall be credited by the said treasurer with the amount thereof. Upon all taxes collected after said ten days, such collector shall be entitled to collect and receive five per cent, for his fees. Interest ^9. All taxes or assessments under any of the provisions of this act tuxes ^d which shall remain unpaid for three months after the receipt of the ^^ warrant by the collector authorizing the collection thereof, shall bear ^^^ ' interest at the rate of ten per cent, per annum, from the receipt of said May be warrant as aforesaid ; and such tax or assessment and interest may lo^viui^o. ^ s^^d for and recovered by the village against any person liable therefor. Renewal ^ 10. The trustees may renew from time to time any warrant issued rant*^ for the collection of any tax or assessment returned uncollected, or issue a new warrant for the collection thereof, and in such renewal or warrant specify the time when the same shall be returned, and direct the collection of the interest on such taxes or assessment at the rate aforesaid, and the same proceedings shall be had thereon as upon the first warrant, after the expiration of the time for receiving taxes after the ten days have expired. Unpaid ^ 11. Whenever the treasurer shall receive an account of unpaid tre^nrer taxes from the collector as aforesaid, he shall forthwith deliver a true t?nstee8*^ copy thereof to the trustees, and thereupon the said trustees are ^vith ac- authorized to cause the estate on which any such tax is assessed to be count of. g^ijj g^^. puijiit; auction, for a term of time, for the payment of such tax Notice of with interest at the rate per cent, aforesaid. Before any such sale, how * ^' however, the said trustees shall give notice thereof as follows : By given. publishing the same once in each week for three successive weeks in one or more of the newspapers published in said village, and serving a copy of such notice upon the owner of such estate, either personally or by leaving the same at his place of residence with some person of suitable age, or if such owner is a non-resident then by serving a copy of such notice in manner aforesaid upon the agent of such owner, or the occupant of such estate or premises, if they are residents of said village, or, if there be no resident owner or occupant of such estate or premises, or agent, then by mailing a copy of said notice, directed to the place of residence of such owner or the post-office nearest thereto, or, if such place or residence be unknown, then by posting a copy of Property such notice in a conspicuous place on such estate or pi*emises. Upon to Ve^n ^^^^ ^^9 ^^^^^ property shall be sold to the person who shall offer to who will take the same for the shortest term for the payment of such tax, with same for interest at the rate aforesaid, and the costs and expenses of such notice term*^* and sale. If such purchaser shall fail to pay the tax, and interest; and costs and expenses, the said trustees may cause the same to be collected Chip. 39.] NINETY-SEVENTH SESSION. 55 of mid puTchaser in tbe same manner, and the same shall be a lien in til respects, as if such tax and interest were an original assessment, or the aid tfostees maj resell such real estate without further notice (the Trnsteos sale to be considered open for that purpose), and all of the provisions ^^' ***" of this act shall be applicable, in case of such second sale, as if it were the iiisL The trustees shall thereupon, upon the payment of such tax Ccrtifi- and interests and costs and expenses of notice of sale by such pur- ^{^ ^^ diaser, deliver to him a certificate of such sale, signed by the president or treasurer, with the corporation seal affixed thereto. The execution May be (rf SQch certificate may be proven or acknowledged as deeds, and be '^e^^'^^e'^- leoorded in like manner and with like effect as other conveyances of had. \ 12. If any tax assessed upon x)ersonal estate of any person shall not tax upon be paid, and no goods or chattels shall be found whereof to make the Jsute"*^ ame by levy and sale, such tax may be levied and made by sale of any J"J.\^® leal estate owned by such person, in the same manner as if the tax mnSe by irere assessed on such real estate, and any tax upon personal estate or JJj^^ ®^ ]»operty of any x>eTSon shall be a lien upon the real estate owned by estate. 8uch person as aforesaid, in the same manner as if such tax were asBessed oa real estate. \ 13. If the owner of such real estate or property, his heirs or assigns. Owner mil not within two years after such sale pay or tender to the purchaser oA^enSer or his legal repreeentetives, or to the treasurer of the village the amount amomit paid by him, with interest at the rate of ten per cent, per annum, such t>vo>-ea». purchaser or his l^fal representatives may, immediately after the expi. ration of two years, enter into possession of such real estate, and hold, occupy and enjoy the same during the term for which it was so sold, and the said certificate duly proved or acknowledged shall be presump- The eerti. tive evidence of the right of said purchaser or his legal representatives, Senwj.^^^ after said t¥ro years, to rew^ive possession thereof, and for the purpose Reme- of obtaining possession of such real estate as before provided, such pur- ^^^*^^' diaser or his legal representatives shall have all the remedies of a pur- dhaser of real estate sold under execution. \ 14. All buildings erected by the piurchaser on any premises so sold Pnrcba- as aforesaid may be removed by such purcliaser, his heirs or assigns, at rem™*^ or before the expiration of the term for which such premises were sold, buildings. \ 15. It shall be the duty of the clerk, in all cases of such sale, to cierk to make an entry of the same in the minutes of the proceedings of the board JJv of saio of trustees, with a description of the pi-operty sold, the amount for which in niin- the same was sold, the length of the term or time, and the name of the ^^^' pQicfaaser. ^ 16. In case any estate or property shall belong to an infant or other Gnarman inoompetent person, the county judge of Orleans county, or any officer for in^°* aothorized thereinto dischai^ the duties of surrogate, shall have power, ^*"'*- npoa the application of the trustees, to appoint some suitable person as guardian for such infant or person, in the nature of a guardian '^ad litem," to protect the interest of such infant or person, and such guardian shall thereupon be served with all notices or papers required to be served, ind he shall be entitled to receive five dollars for his services and attendance, and no other fees or costs. \ n. The assessors shall, on or before the fifteenth day of May in each PoU tax. J^ar, when eng^iged in m'iking the annual assessment of real and per- «>Qal property in said village, assess each male inhabitant of the age of twenty^ne years and upwards, except paupers, idiots, lunatics and mimsters, the sum of one dollar poll-tax. The i)oll-tax thus assessed How ooi- ahall be collected by the village collector, under a warrant of the trus- ^^^^^' 56 LAWS OF NEW YORK. [Chap. 39. tees, in the same manner in all respects, and at the same time, and for To be paid the Same fees, as other taxes aissessed in said village, and shall be paid vm&ge over in like manner to the village treasurer, and shall be credited to tieii«arer..the street fund; and all provisions of this act in regard to the collection or recovery of taxes, or the sale of property therefor, or in any other respect whatever, shall apply to such poU-tax, so far as applicable, as fully as to any other tax assessed in said village. Aseesa- ^ 18. All taxes and assessments charged upon any real estate under oif reai*^ the provisious of this act, shall be a lien upon such real estate from the esfAtc a time of filing the roll with the village clerk, and such lien shall have a Sieremi? priority over all other liens and incumbrances. Trustees ^ 19. The trustees shall have power to collect, by civil action, any SJcfn?! **^ ^^ assessment imxx)sed under the provisions of this act which shall vaid taxes be returned by the collector as unpaid, and all tax or assessment rolls y acUou. ^^^ ^j^j^ ^j^^ clerk or delivered to the collector shall be presumptive Evidence, evidence in all courts or places, and in all actions or proceedings, that the taxes and assessments therein contained have been duly ana regularly imposed or assessed, and of the right of recovery thereof. Amount § 20. If any tax on real estate shall remain unpaid by reason of a t^x'^^J***^' defective description or for any other cause, the amount thereof, with »>e added interest at ten per cent, per annum, may be added to the annual tax the nnai tax" Succeeding year, and charged upon real estate upon which it was origi- diif°year ^^^7 assessed, and the same proceedings in all respects for the collec- ^ ' tion thereof may be had, with the like effect, as in case of tax or Year in assessment on the same real estate for the then current year ; but in all ginaih' M-' cases of the charging of any tax or assessment of any previous year ficsscd, upon such real estete the year or years in which the same was originally "peciflcd assessed shall be specified on the roll, and the amount thereof eSiaU be oarou. separately specified in the proper column, and the real estate upon which it is charged shall be properly and sufficiently described on the roll by the trustees in case it be not sufficiently described thereon by the assessors. If tax can- ^ 21. In case any tax or assessment shall remain unpaid and there tected,^^* shall be no property out of which the same can be made, the trustees amoout may add the amount thereof to the amount they may raise by tax the may be '^ n . j j j raised Succeeding year. Bncceed- inar year. __ TITLE VIII. OP STREETS, HIGHWAYS AND SEWERS. Village, a SECTION 1. The said village of Medina shall be a separate highway diftiict.^ district, exempt from the superintendence and control of the commis- sioners of highways of the towns of Ridgewav and IShelby, and the said Tnistces board of trustees shall have all the powers and discharge all the duties of powers' of ^°^i^i®sioners of highways therein, subject to the provisions of this act, ooiaiuis- providing however, and exempting from the opei-ation of this act, all highways! the bridges in said village, which said bridges shall remain under the superintendence and control of the commissioners of highways of the towns of Bidgeway and 8helby, and shall be made and maintained by said towns. Map of ^ 2. The said board of trustees shall cause to be made a map of all and^high- the Streets and highways in said village, aud to be designated thereon v*>'«- in such manner as they deem proper, those streets and highways which, iu their judgment, cannot be put in a proper condition for general travel without too great an expense. They may expend a portion of the street fund thereon for the convenience aud beneiit of the inhabitants thereof; Ciup.39.1 NINETY-SEVENTH SESSION. 57 bat tke and oofpoinition ifhall not be liable for aay aoddent or injury to Corpora- peiaoa or property caused or oecaaioQed by the defective condition of u^e.^^ uy street or highway thus designated. iS. The said board of trustees shall have power to lay out, make Trustees tod open streets, alleys, lanes, highways and public grounds in said p^^^^rto Tilla^y and to alter, widen, contract, extend or discontinue the same, ^^^°^ ud to cause the same to be repaired or cleaned from time to time as Stc? ' ibitj may deem necessary. They shall cause all streets, alleys, laaes, survey. liigiiwajTS and public grounds laid out by them to be surveyed, and ndi flOfTeys filed or reoorded in the office of the village clerk, and the ame, when so opened and made, shall be public highways and groonda. ^4 Whenever the board of trustees shall have determined to lay Notice of oat, alter, widen, atiaigfaten or extend, make, open or construct any aUoiTto^ atreet, alley, lane, highway or public ground, and to take and appro- "J^^e *»- priate the land necessary for the same, and shall have determinea to mentoond SflMBB the expenses of such improvement as hereinafter provided, they H^^ sfeall give notioe of such determination to the owner or owners of tb^ therefor, kiidfl by pubKshii^ the same once in each week, for two successive weeks, ^^x^, ia each ci the new^Mipers printed in the said village. Such notioe aiiall specify in general terms the improvement to be made, and shall slate tbftt such owners or owner, on or before a day to be specified, may file their claims for damages if any they have on account of such taking or appropriation, with the clerk of said village, and that, in case any claim kr dami^ges shall be filed as aforesaid, the said trustees will apply, at a toe aiM place to be specified in said notice, to some court oi record kff the appointment of uuree oommiesioners to ascertain and assess the damages so claimed* In case no claim for damages shall be filed as ifnooiaSm above provided, such owner or owners shall be deemed to have waived damages all cfaoms to damages, and to have consented and agreed to 8uchw&i?ed. baprovement. If any sudi claim shall have been filed, as aforesaid, the said trustees, at the time and j^ace in said notice specified, shall make application to said court for the appointment of such commis. skKKrs, and any person who shall have filed such claims shall have a light to be beard on sudi application. The said commissioners, who ^^^^^r' lUl he residents of the said village of Medina, having been duly commiB- appointed, shall enter upon the performance of their duties without ^^'^®"- ^lay, diall each take and subscribe an oath before some officer auth<»r« iaed to administer oaths, faithfully, honestly and impartially to perform tbetr duty in making such ascertainment and assessment, according to the best of their ability, and shall give notioe of the time and place of Commis- tbeur meeting to make such ascertainment and assessment by publish^ to^^v^no- ing the same once in the several newspapers printed in the said village, tice of At the time and place so appointed for their meeting, they shall view to v?e^' tbe picmiaee and in their discretion receive any legal evidence, and ^^"^^^ Bay, if necessary, adjourn fiom day to day ; they slutll determine and avaid to the owner or owners so churning damages as af(»resaid such, dana^ as^ in their judgment, such ovmer or owners will sustain bv aoch miprovement, after making due allowance for any benefit such ovner or owners may derive therefrom. They shaU at the same time Damages aflaeas and apportion the said damages, if any, of such improvement on ^nld*^ tbe real estate, and against the x)ersons benefited thereby, as nearly as agniust nay be in p>oxx>rtioii to the benefit resulting therefrom, and the same Eenefl^ ikaQ be payable to the persons entitled thereto, as soon as the same shall ®^- becoUected as hereinafter provided^ The said eommissioners shall briefly 6 58 LAWS OF NEW YORK. [Chap. 39. Commis- describe the real estate upon which any aaaessment is made by them, and describe^ shall designate the owners or occupants of the several x^ucels of said real estate real estate and what parcels, if any, are owned by non-residents, *^®^® ' according to the best information they can obtain. If there be any ^ftineof building, orchard or garden on any land taken for such improvement, Ac., to% the value thereof to remove shall be ascertained in the assessment, and tSiieid *^® owner thereof may remove the same within ten days or such other time as the trustee may allow after the confirmation of the returns of the commissioners, and if the same shall be so removed, the value thereof, as ascertained, shall be deducted firom any damages avrarded Comrais. 'such owner. The determination and assessment of the conunissioners, retnrn^as^ signed by all of ihem, shall be returned to the trustees within twenty tTtrat*^' days affcOT their apjiointment. If either of the commissioners shall be tees?^ unable to serve fh)m sickness or other cause, the trustees may at any time, without further notice, make application to some court of record to have some suitable person appointed in his stead, and such court Notice of shall thereupon make such appointment After the deteimination and confirma- assessment of the commissioners shall be returned to the said trustees, they shall give notice by publishing the same in one or more of the newspapers printed in said village, that at a time and place to be speci. fied in said notice the same will be confirmed, unless objection thereto objec- be made by some interested person. All such objections shall be made i!!writh^ ^ writing and filed with the clerk. If no such objection shall have If DO ob. been filed, such determination and assessment may, in their discretion, inedrtrnB- ^ confirmed by said trustees, and the same shall be final and conclu- toes may sive, or the same may be annulled ; but if objection shall have been ^^ filed as aforesaid, the person so filing the same shall have a right to meat. \yQ heard in regard thereto, on the <£ty specified in said notice, or on such other day or days as the trustees may appoint, and said trustees shall, thereupon, either confirm such determination and assessment or Confirm- annul the same. If they confirm the same, it shall be final and conclu- concitt^*** sive, but if they annul the same they shall refer the matter back to the sive. same commissioners, or to three others to be appointed on application Proceed- without further notice by some court of record. The commissioners Moond as- ^^^^ pTocced in all things in the making and returning of the second sessment. assessment as though it were the first, and the trustees shall proceed thereon as though it were the original assessment If the trustees shall confirm the second assessment, the same shall be final and conclusive on all parties interested ; but if they annul the same, then all proceedings Alter final in relation to the matter shall be null and void. After the final con. ationTto firmation of such detennination and assessment, the same shall be filed be filed, {j^ the office of said village clerk, and thereux)on the said trustees are authorized to cause such improvements to be made and completed, compen. & 5. The Commissioners appointed as aforesaid shall be allowed two Smmi?/ dollars for each and every day actually and necessarily emploved in sioners. and about their duties, and such compensation and the fees and charges To be as- of surveyors, and other necessary costs and expenses (all of which shall ^irTof ^ ^^ audited and the amount thereof fixed and determined by the trus- damages, tees) shall be considered part of the expense of such improvement, and shall be assessed with and as part of the damages, as hereinbefore pro- vided. A warrant reciting the assessment shall be issued for the col. lection thereof, and the assessment shall be collected in the manner and with the fees prescribed in this act for the collection of village taxes. Gonnty ^ 6. The county court of Orleans county shall always be open for the ^*^' transaction of any business, or the making of an application ooutenu plated by this title of this act Char 39.] NINETY-SEVENTH SESSION. 59 \ 7. In all cases where the whole of any real estate subject to any when real lease or agreement shall be taken for such improvements, all the cove- {^^/^ Bants and stipulations oontained in such lease or agreement shall, ux)on and whole the final confirmation of the assessments for such improvements, cease, pnbuo^^'^ determine and be thereafter absolutely void, and in cases when a part f^^ ^^^ only of any real estate shall be so taken, the said covenants and stipu. tci-mines. ladons shall be discharged only as to the part so taken, and the county Coanty wort of Orleans county may, on application in writing of either or any SSpSnt*^ of the parties interested in such lease or agreement, appoint three dis- ^\^^' interested freeholders to determine the rents, payments and conditions detormino which shall thereafter be paid and performed under such leave or '"«»'•». *«• agreement in respect to the residue of such real estate ; and the report Their re- of the freeholders, or any two of them, on being confirmed by the court, ^^ ^^'^' dtall be binding and conclusive on all persons interested in such real estate. 1 8. The board of trustees shall have power to cause any street, alley. Power of We, high^^ay or public ground, or any part or parts thereof in said J^Se*"*^ village to be graded, leveled, paved, macadamized, planked or graveled, streets, and to cause crosswalks to be made, relaid, amended or repaired, and ^^' to determine by resolution, to be entered in the minutes of their pro- ^Uiv^d^ oeedings, what part or portion of such expense, if any, which shall not termine be more than fifty per cent, thereof, shall be defrayed by special assess- Son o/«[I ment upon such x>ortion of the real estate in said village, and against ^^^^. the owners thereof, as the assessors of said village shall deem more defrayed immediately benefited by such improvement, and what portion of such ajgj^®®^*^ expense shall be paid out of the street fund of said village, and they ment. may order or determine that the whole of such expense shall be paid OQt of the street fund. No part of the expense of grading or paving a street shall be assessed upon any lands not bordering on or touching the same. If the trustees shall determine to assess a portion of such Aeseasors expense by such special assessment, the said assessors, upon being lpJSSa^,g. notified so to do, shall forthwith proceed to make a certificate of such ^^^anient special assessment, entering thereon the names of the owners or occu- tifl<^.'***' Snts of the land assessed, and what parcels are owned by non-resi- nts according to their best information, and the name of any corpora. tion or association owning any of the lands. They shall make a just To make and eqoitable assessment of the amount fixed by the trustees against ^Sb<»8-^^^ the said owners or occupants and upon the lands deemed to be bene- "^^n^ <>[ fited, assessing each x)arcel in proportion to the benefit they deem it to Sxe^by receive, and shall enter in the said certificate a brief but careful descrip- tmstecs. tion of each parcel assessed and the sum assessed upon it When such Correc- eertificate is completed, they shall fix a time and a place of meeting to conm^ correct the same, and shall give notice thereof, statiug where said ^^^<'- certificate can in the meantime be seen and examined, by publishing soeh notice in each of the newspapers printed in said village. At the Assessora time and* place so appointed the said assessors shall meet and hear all ^^ns persons appearing before them who conceive themselves aggrieved in agi^ev- rektion to said assessment, and after such hearing shall make such cor- lectionSy if any, in the said certificate as will, in their judgment, render the said assessment more just and equitable. When said certificate Corrected aball be thus corrected, the said assessors shall deliver the same and a cate!"' duplicate thereof, signed by all or a majority of them, to the said tmslees, and the same shall be so delivered within twenty days from the first meeting of Said assessors to make the assessment ; but such fime may be extended by the trustees. Any person conceiving him- Perion self aggrieved by the said assessment shall have a right to b^ heard in SS^^be eO LAWS OF NEW YORK. [CttAP. 39. heard be- relation thereto before the board of trustees, at their first remlar meet- te!^.^^ ing ^^^ the delivery of the certificate as aforesaid, and at tneir seooiid regular meeting after such delivery the board of trustees shall either If trosfeeos confirm such assessment or annul the same. If they confirm the same, is floaL^ ^t shall be final and conclusive on all parties interested; but if they annul the same, then all proceedings of the assessors in relation thereto shall be void, and new proceediugH may be taken in the manner pre- if assewor Scribed in this section. If the assessors, or any or either of them, be quaiiflea interested in property liable to be affected by such assessment, or from trastoes any cause incapable of acting, the board of trustees may appoint in poiut^^' place of such assessor thus disqualified a disinterested freeholder of said village, residing therein, to perform the duties of such assessor Appoin- under this section as to such assessment, and such freeholder, before ^^h?^^® entering upon the i)erformance of said duties, shall take an oath to make the assessment fairly and impartially according to his best jndg^ Aflsees. ment. When any assessment under this section shall be confirmed by dopiica^ the trustees, the said certificate thereof and duplicate shall thereupon wi^ ^^ ^ ^^®^ ^^*^ *^® clerk and shall both be deemed originals, to one of cterk. which shall be annexed the warrant for the collection of said assess- ment, and to the other a copy of said warrant, with a receipt of the Co«p«n* treasurer for such certificate and warrant. The compensation of the Ss^!^. said assessors or freeholders for their services under this section shall be fixed by the said trustees, and such comx>ensation and all necessary costs and expenses of making such assessments shall be ascertained and audited by said trustees, and by them added to and made a yaat at said assessment, and the whole amount assessed shall be collected in the manner and with the fees prescribed in this act for the collection of No re- the general village tax. When the grade of a street has been estab- v?tho°v[ Ushed and the street graded accordingly, the grade of the street shall Md^cSm. not be changed and the street graded according to the changed grade peusaSioii. except upon x)etition of the owners of a majority of the lineal feet front- ing on the x^trt of the street to be graded, nor unless compensation be Coinpen- made to the owners of property injured by regrading ; such compensa. bow dc- tion to be determined by agreements, or bv three sworn commissioners, termined, to be appointed by the county judge of Orleans county, side- ^ 9. The board of trustees shall have power to require all the side. pow^rof walks and the whole or any part or parts of any sidewalks in said wJiitf^n*'* village to be constructed, made, paved, flagged, curbed, guttered, relaid. to." *^" reset, amended and repaired, and to require any or either of said improvements, acts or things to be made or done in such manner, at sucii times and of such materials as they may prescribe and direct, ordinan. ^ 10. The boaid of trustees in their resolutions or ordinances requir- faSoQ to' i^g »^1> any or either of the improvemente, ac^ or things mentioned in »td&- section nine of this act, shall specify in what manner and within what ^ time and of what materials the same must be made or done. They shall cause to be served, at least twenty days before the expSration of Notiise to the time so specified for such performances, upon the owners or oocu- up^'imn- pants of the lands adjoining such sidewalk so to be improved as afore- ersond said,a copy of such resolution or ordinance with a notice that if the pEDto. same is not done within the specified time, by the several owners or occupante of the adjacent lands, it will be done by said trustees at the Manner of expense of such owners or occupants. Such service shall be made in service. ^^^ manner (except as to publication) prescribed in section sixty-two of ordin- this act, for the service of the notice therein required. In addition to pobftiS.'^ such service, the trustees shall also, at least twenty days before the ed. « expiration of the time sjiecified for performance, cause a copy of sudi Chap. 39.] NINETY^SEVENTH SESSION. 61 MBohition or ordinaood to be published in one or moie of the news. {Hpers xitiiited in aaid village for at least one week. Affidavits of the service and publication of such resolution or ordinance may be filed or reoorded, or both, in the office of the clerk of said villajg^e, and the affidavits or the record thereof, or a certified copy of either, diall, in all Evident. oooitB and places, actions and prooeedinffs, be prima facie evidence of the facts therein stated. In case any such improvement, act or thing so Tmsteos leqnired shall not be made, done or completed as required within the Hlf^r^o^* time so specified, the trustees shall have power to make, do or complete inent not the same, and, hiaving done so, may, without giving any further orwubiothe other notioe, proceed to make a special asseBsment of the expense there. ^^^^' ot Sfainst the delinquent owners or occupants, and upon the said adjoin. ^ ji^ uuids owned or occupied by them, assessing upon each parcel or lot of land the exx)en8e of the sidewalk immediaSely adjoining it, and a doe proportion of the expense of making said assessment ; and said Assew- MBeesment, from the time of filing the certificate thereof, shall be final ^SkiVe.^''* and eonclaave upon all persons and parties affected thereby. The said tofltees shall make and file with the clerk a certificate of such assess. ment and a duplicate thereof, both of which shall be deemed originals, and to one of which shall be attached the warrant for the collection of warruit aaid assessment, and to the other a copy of said warrant, and the treaaorer's receipt for said certificate and warrant ; the said certificate Form of shall be substantially in the form prescribed in section eight of this act cat^' fbr the oertificate therein required ; it shall be signed by the trustees, or a majority of them, and the said assessments shall be collected in the AMesa- Banner, and with the fees, prescribed in this act for the collection of ^tiec^dT the gexiefal village tax. And, in addition to all other remedies con. tained in this act, the trustees may, in the corporate name of the said TraBtees village, prosecute any person liable to pay for the construction or repair Sciuo'^anly of any sidewalk, where such walk shall have been constructed or g^'l rqiaired by the said trustees under the provisions of this act, and shall consm!?. be entitled to recover judgment for all sums laid out or expended in ^^^j^^^'®- the construction or repair of such walk, together with the costs of suit ; side- BQch action may be prosecuted in any court having jurisdiction of actions ^^^' upon contracts, but the judgment, when so obtained, shall not discharge tb» lien upon iJie real estate, as hereinbefore provided, until actual pay. ment and satLsfaction thereof. \ 11. Whenever an isxhni or other incompetent person shall be inter. Gnardiaa ested in any real estate, affected by any improvement under this act, ^^^^™' ibe county judge of Orleans county shall have power to appoint a guardian, in the nature of a guardian ad litem, to protect the interests of fldd in&nt or incompetent person ; such guajrdian shall be entitled to Compen- receive for his services the sum of not exceeding five dollars, and no ^^ardian. other costs or fees. ^ 12. If the trustees shall require any sidewalk or curb and gutter, Notioe «• which has onoe been made to be repaired, relaid or reset, it slmll be ^*vaik, aofficieiit to serve and publish the notice, and the copy of the resolution ^^^ ^^ or ordinance mentioned in section ten of title eight of this act, ten days ^ '"' before the expiration of the time limited to make such improvement, instead of twenty days, as therein provided. § 13. The said bourd of trustees shall have power to establish the Power of grades of all streets, lanes, alleys, highways and sidewalks in said ^er ^^^ vilkge, and to require the same to be made and repaired in conformity tcrtideB of fteieta t^**' \ 14. The trustees are hereby authorized and empowered to construct sewen. sewers along the line of any streets or alleys in said village, of suffi- 63 LAWS OF NEW YORK. [Chap. 89. Expense dent capacity for mxtta/oe and cellar drainage, and to make a jost and thereof, equitable aeeessment for the exx>en8e6 thereof among the owners, oooa* pants and others interee^d in all the lots intended to be benefited thereby, in proportion as nearly as may be to the benefit or advantage Trasteea which each shall be deemed to nave acquired thereby, and shall appoint freehold" five disinterested freeholders, residents of said village, to make every makeeati. ^^^^ estimate and assessment, who, before they enter upon their trust, mate. * shall be duly sworn before a justice of the peace in the county of Orleans, or police justice of said village, to make the said estimate fairly and impartially according to the best of their skill and judgment, and Cortifl- a certificate in writing of such estimate and assessment, being returned when** to the board of trustees and ratified by them, shall be binding and con- flnai. elusive Upon the owners, occupants and others interested in such lots, and the assessment so certified shall be a tax upon such owner or owners, and a lien upon such lots or grounds, and the said assessment shall be collected in the same manner and with the fees prescribed in Compen- this act for the collection of the general village tax. Every person act* ara^^n. ^^S ^ ^^^^ assessor shall receive two dollars for each day actually employed thereat. Fire de- § 15.' The board of trustees shall have power t^ appoint one or more lowere^of ^^^P*'^®^ of firemen, one or more hook and ladder companies, and one ^*^ of . or more hose companies, which shall constitute the fire department ol *** ■ said village ; to determine the number of members which shall compose each company, to designate one member of each company as fireman^ thereof, to remove, in their discretion, any member of either of said Chief en- companies, to appoint a chief engineer and assistant engineer, and to gineer. make rules and regulations for the government of the fire department and of each and every of said companies, and for the performance of their respective duties Chief en- : ^ 16. The chief engineer of the fire dejiartment shall, under the direc havTcos. ^on of the president and trustees, have the general superintendence JJ^y^o^ and custody of the fire-engines, engine houses, hooks, ladders, hose and gines, fto. other fixtures, apparatus and conveniences, for their preservation, and His pow- for the extinguishment of fire. It shall also be his duty to see that the laae«. same are kept in proper order, and to make a detailed rejKMrt to the president of their state and condition, and of the state of the fire depart- ment, one week before the annual election, and make like reports to the trustees as often as they may require ; it shall also be his duty to be present at fires of buildings witiiin said village^ and to take command of the fire companies, hose companies and hook and ladder companies, and the general control of the apparatus for extinguishing fires ; he shall also have such other powers and perform such other duties as the AniBtant board of trustees in their by-laws and ordinances may prescribe. The h?8 pmv-*^' assistant engineer shall aid the chief engineer at all fires, and in case duties** of the absence of the chief engineer the jwwers and duties of his office ° ^' shall devolve upon and be discharged by the assistant engineer. The The presi- president and ^ustees, the chief engineer or fire wardens, may keep enpmeer!^^^^ idle and suspicious persons away from any fire in said village, and tmstoos/ may require the inhabitants of said village, or any bystanders, to form hardens ranks or lines to carry water for the extinguishment of any fire .in said qSre^y- "^^^^^fif®! ^^^ ^ ^^ *^® firemen in working their engines, hooks, ladders Btandeis and hoso, and in removing and protecting property thereat ; and if a^y £e&^ '^^ member of the fire department or any other person, during the time ol any fire in said^llage, neglect or refuse to obey the order of such chief • So in originaL Chap. 39.] NINETY-SEVENTH SESSION. 63 ei^iiieer or MOBtant engineer, or if any inhabitant or bystander j^ftiee or neglect to obey the OTder of the president, or of any trustee or fire iffarden, given under the above named authority, such person shall be Penalty sabjeet to a fine of ten dollars, to be sued for and recovered in the j^ed^noe. name of tlie«corporaticm, and paid into the corporation treasury for the benefit of the fire department of said village. \ 17. The members of said fire department, while they continue to Exemp- be sudi members, and those who have fisdthfully served as such fat five ^^^^^11. years, shall thereafter be exempt &om services on juries or in militia, except in case of war, invadon, riot or insurrection. TITLE X, MISCELLANEOUS PROVISIONS. SscnoN 1. Every by-law, ordinance, rule, regulation, resolution or Bylaw, proceeding* of the board of trustees of said village may be read in evi- am^olraie, deuce in all courts and places, and in all actions and proceedings, either reanoia- from a copy thereof certified under the corporate seal, by the president may'£^'' or clerk of said villi^e^, or from any printed volume containing such J^f^^^^^j^ printed by-law, ordinance, rule, regulation, resolution or proceeding, *^* ^"^' and aooompanied by a certificate signed by the clerk of said village tfiat such volume contains a correct transcript of such by-law, ordinance, rale, regulation, resolution or proceeding, and that the same was printed by authority of the said board of trustees. § 2. No person shall be an incomx)etent judge, justice or juror by No inbab- reason of his being an inhabitant of said village, or liable to taxation j^mpe- therein, in any action or proceeding in which the said village or corpo- tent to act ration is a party or interested. orjaror.^ § 3, When judgment shall have been recovered in &vor of said cor- Body exe- poration for any fine, x)enalty or forfeiture, execution thereon may issue ^°^^'^' against the iierson, as well as the property of the defendant, in the fiwm prescribed by law for such executions. 4 4. Hie president and trustees, and each and every one of them. Author-* aod the policemen, shall respectively have power and are hereby ^^ „. anthorized, at any and all times, to arrest, or cause to be arrested, witii ^oBta. or without xxocess, all vagrant or disorderly persons, or any persons who may be found by t£uem committing any crime, misdemeanor or breadi of the -pesuce ; while in pursuit or seach^ of any such persons, to enter or cause to be entered, with or without process, any building or place within said village ; and the board of trustees may, by ordi- nance or resolution, confer the same x>ower ; or such portion thereof as they may deem necessary and proper, upon the special policemen. The persons thus arrested shall be dealt wil^ according to law. The board Lock.ap of troatees may also establish and maintain a villi^ lock-up, or station ^1^ in. or watch-house, which may be used instead of the county jail for the ^^^^^' temporary amfinement of offenders. j^ ^ \ 5. When any tax or assessment on real estate has been collected, when tax under this act, of any tenant of such real estate, he may collect the ccaj^^ anie of his landlord or offset it against rent of said real estate, unless ^^^^' be be bound by agreement to pay such tax or assessment. \ & All moneys on hand received from the sale of lots in the ceme- Moneys te^ belonging to said village, and all moneys hereafter accruing from ofce,^. Bodi sf^e, shaU be paid into the hands of the treasurer and credited to ry iota. the cemetery fund, and shall be applied to the improvement of said cemetery, and for no other purpose. • Bo in original. ^ LAWS OF NEW YORK. [Chap. 40. Corpora- tion may purchase and hold real 66- tato.: Existing ordinan- ces, by. laws, Ac, to remain in force till repeal- ed by tmstees. This act, how to be con- atroed. ^ 1. The fiaid oarporatioii is mntlioirized to pnnhafle and hold real eBtate for the parpose of a village hall, fire^ngine hooBe, hock and ladder house, pound, and any real estate neoeesary to be need lor the benefit of or as a jiart of the water-works system estabhahed in said Tillage, and the title to all real estate heretofore conveyed to said vil- lage of Medina, or to the trustees of the villege of Medina, is hereby confirmed and declared legal. ^ 8. llie existing ordinances, by-laws, resolutions and legnlatioiiB of the trustees of the village of Medina, as the same shall have been passed when this act takes lull effect, shall be and oontinne in force and have the same force and effect as if duly adopted, passed and published by the board of trustees of said village, until the same shall be repealed by the board of trustees. ^ 9. This act is hereby declared a public act, and the same shall be construed for -every benefidal purpose thereof. 10. The legislature may at any time amend or repeal this act. 11. All acts or parts of acts inconsistent with this act are hereby repeaiecL \ 12. This act shall take effect immediately. t Corpora- tois. Corporate name. Tmstees, first year. Vacan- Cioa In board, how filled. President and two vice-presi' dents to be elect* ed. Officers reoeiving salary, how an- pointed. Kotrostee to receive pay. Chap. 4rO. AN ACT to incorporate the Citizens* Savings Bank of Hornellsville. Passed March 2, 1874. 2%a People q^ the StcUe of New York, rq^eeevied in Senate and AeeenMy^ do enadi he foUowe : Section 1. T. Scott Thacher, Guy H. McMaster, William G, Coye, Edward T. Toun^, George E. McMaster, Cass Richardson, Lovasso Field, Clement H. Young, J. Foster Parkhurst, J. Smith McMaster, William Richardson and tneir successors, shall be and they are hereby constituted a body corporate and politic, by the name of the Citisiens' Savings Bunk, to be located in the village of Hornellsville, Steuben county, and by that name shall have perpetual succession, and may sue and be sued in any of the courts of this state. ^ 2. The persons named in the first section of this act shall be the first trustees of the said corporation, and all vacancies in the office of trastee shall be filled by the board,' by ballot, without unnecessary delay, and the vote of a majority of the remaining members of the board shall be necessarv to elect a trustee. \ 8. liie business of said copcnution shall be managed and directed by gnid board of trustees, who shall elect from their number a presi- dent and two vice-presidents, and may elect ftom their numher, or otherwise, such other ofiicers as they may deem ex:x)edient ; and the vote of a majority of a fiill board of trustees shall be requisHe for the appointment of any officer receiving a salary therefrom, or to fix or'to increase the salary of any officer ; but such majcHity shall be composed exclusive of any trustees receiving any salary or ' compensation for ser- vices as officers of said corporation. ^ 4 No trustee shall, directly or indirectly, receive any payor emolu* ment for his services, and no trustee, officer or servant of said corpora- tion shall, directly or indirectly, fcft himself, or as the agent or partner of others, borrow any of the funds of the said corporation, or its depos- 0a4P.40.] NINETY^EVENTH SESSION. 66 itay Eation shall consist of such bonds imd mortgages. & It Aall be lawful for the corporation to purdiase, lK)lid and convey real estate only as foUows : 66 LAWS OF NEW YORK • [Chap, 40. Real es- 1. A lot and banking-boiiBe requisite for the transaction of its buai- parohas-^ ness, and for an inoome from such XKMrtions of the same as aie not ed. iieid required for its own use. Yeyed!^' ^* SvtcHi as Shall have been purchased at sales upon statute or other foreclosures of mortgages o¥med by the corporation, or upon judgments or decrees obtained or rendered for debts due to it, and all such real estate as is described in the last preceding clause shall be sold by the trustees vdthin five years after the same &all be vested in the corpora- tion, unless, upon application by the trustees, the Superintendent of the Banking Department shall extend the time within which sudi sale shall be made, seonritsr ^ 10. In all casss of loans upon real estate, a sufficient bond, or other en apo^n ^ personal security, i^ball be required of the borrower, and all the loans. expenses of searches, examinations, and certificates of title or appraisals of value, and of drawing, perfecting and recording papers, diall be paid by such borrower. insnr. ^ 11. Whenever buildings are included in the valuation of any real ^^' estate, upon which a loan shall be made by said corporation, they shall be insured by the mortgagor for at least two-thirds their value, in such company of this State as the trustees shall direct, and the policy of insurance shall be duly assigned to the corporation ; and it shall be lawful for said corporation to renew such policy of insurance, in the same or in any other company of this State, as they may elect from year to year or for a longer or shorter term, in case the mortgagor shall neglect to do so and may charge the same to him. And all the neoeeu sary changes and expenses paid by said corporation, for such renewal or renewals, shall be paid by such mortgagor to the said corporation, and shall be a lien upon the property so mortgaged until paid, oorpora- ^ 12. It shall be unlav^ul for the said corporation, directly or indi. to^dearfn Tectljy to deal or trade in real estate in any other case, or for any other re«^ <»- purpose, than as authorized in the ninth section of this act, or to deal mcrcifan- or trade in any goods, wares, merchandise or commodities whatever, ^'^* except as authorized by the provisions of this act, and except sudi yer^ Bonal property as may be necessary in the transaction of its business. Loans. ^ 13. It shall be lawful for the trustees of the corporation, while awaiting opportunity for the judicious investment of the moneys deposited with them, as authorized and required by this act, to loan seonrities the Same, or any part thereof, upon the securities mentioned in section tuereibr. ^^^ ^£ ^j^ ^^ ^mt not exceeding ninety per cent, of the cash market value of such securities shall be loaned thereon, and such securities shall not exceed ten per cent, of those mentioned in subdivision three, and not more than forty per cent, of those mentioned in subdivision four of that immedu sectiou ; and should any securities depreciate in value after making a nien^^re- ^^^^ thereou, it shall be the duty of the trustees to require the imme- qait^d in diate payment of such loan, or a part thereof, or additional security eases.*^ therefor, so that the amount loaned shall at no time exceed ninety per cent, of the market value of the securities pledged therefor, nor shall more than five thousand dollars be loaned io one person, firm or corporation. Deposits. ^ 14. It shall be the duty of the trustees of said corporation, as soon as practicable, to invest the moneys deposited* with them, and tiie gains or profits thereof, in the securities named in the nintii section of this cnrrent act, except an available fund of not exceeding twenty per cent of the hovf pro- deix>sits with said corporation, which the trustees may keep to meet Tided for. current payments, and which may by them be kept on deposit in any bank or banking association organized under any law or laws of this Chaf,40.] NmETT-SEVENTH SESSION. 67 State or of the United States, or with any trust ecmpaxijj incorpoiated by any law of this State, upon such terms as may be a^ireed upcm ; but the mnn so kept on deposit in any one bank or tnist company shall aol exceed twenty per cent, of the capital of such bank or trust com- psny, and shall not exceed twenty-five thousand dollars, or ten per cent, of the whole amount of deposits with the said corporation ; or such Loans on cnilable fund, or any part thereof, may be loaned by the trustees on SS made. c^l, or on Botioe not exceeding ten days, upon the securities and in the manner provided in the last preceding section of this act. 1 1&. The soms deposited with the said corporation shall be repaid to interest the depoidtors thereof, or their legal representatives, at such times and menf oF with sodi interest, and under such reflations, as the board of trustees deposits. efaali finxn time to time prescribe, which regulations shall be put and \ept np in some conspicuous place in the room where the business of the corporation shall be transacted, and shall also be printed in the puB-book of each depositor, but shall not be altered so as to affect any deposit previously made. f 16. Whenever any deposit shall be made by any person being an Deposits or minor, or a female, being or thereafter becoming a married ^2 by an en, woman, the same shall be held for the exclusive right and benefit o{^^^»ot such depotdtor, and free from the control or lien of all persons whatso. ™ ever, except creditors, and shall be repaid, together witti the dividends or interest thereon, to the person making the deposit, and the receipt or acquittance of such alien, minor or female, shall be a valid and suffi. cient release and discharge for such deposit to the corporation. I IZ In all actions in any court of this State, against the said corpora- in actions tbn, by a husband to recover for moneys deposited by his wife in her bLIi^Trfft) own name, or as her own money, the wife may be examined and testify ^^y ^« » IS a witness in like manner as if she were an unmarried woman. And ^ ^^' in all actions a^iainst the said corporation to recover for moneys on in action dqnsit therewith, if there be any person or persons, whether husband SS^m- or wife, or otherwise, claiming the same fund, who are not i)arties to the ^u^^^ants action, the court in which such action is pending shall, on the petition of moneys of said corporation, and upon five days* notice to tiie plaintiff and such notpar claimants, make an order amending the proceedings in said action, by ties may making such claimants parties defendant. thereto ; and the said court bronght ahall thereupon proceed to hear and determine the rights and interests '°- of the several parties to said action in and to said fUnds. The said funds v\inds to or depoeitB which are the subject of the said action shall remain with wmf the nid corporation at the same rate of interest as other deposits of the same ^^2^'^ class, to the credit of the action until final judgment therein, and the same shall be paid by said corporation in acoord^oe with the provisions of said final judraient. The question of costs in the actions referred to in Costs, in this section diall, in all cases, be in the discretion of the court, but the tion'of amount when allowed, shall be the same as in other actions of a<»onrt. Bmilar character. \ 18. It shall be the duty of the trustees of the said corporation to Rate of in- r^^ulate the rate of interest to be allowed to the depositors in such ^"^^ manner that they shall receive, as nearly as. may be, all the profits of the said corporation, after deducting necessary expenses, and reserving EoA amount as the trustees may deem expedient or desirable as a snroins Borplus fiind, which, to the amount of ten 'per cent of their deposits, ^et Mon- ths trustees of said corporation are hereby authorized gradually to tingency. accumulate and hold, to meet any contingency or loss in its business ; provided, however, that it shall be lawfiil for the trustees to classify ^^^p^^^K their depositors according to the extent or duration or character of S^f * 70 LAWS OP NEW YORK. [Chap. 43, pieoes of land and premises in said distriet, in the same proporticnis in which the whole thereof would be by law assessed and appotiioned thereon, if this act were not passed, levied as a tax, to be onllected and applied by said city, for the uses and purposes pertaining thereto, and One-third in the manner hereinafter provided, and one-third of the cost, and made a expense of such improvement shall be a general city charge, and the general lands and premises included within said district shall not be charged chaige. therewith, but shall be and are hereby discharged and freed from all and every lien or assessment, and all liability to be assessed for su^ one-third. Former ^ 2. The proceedings heretofore had for the purpose of levying, lay* mi^con. ii^r or apportioning said sum hereinbefore mentioned upon the lands ?o ?wo- ^ ^^^ premises situated in said district of assessment, are hereby con. thirds the firmed, and made legal and valid as to only two-thirds of said sum, and voired! ^ ^ ^^® remaining one-third of such sum such proceedings shall be deemed of no force and effect, and said pieces or x>arcels of land in said district of assessment, and the owners thereof, are, as to such one-third, discharged and freed from such assessment, and from all liability to be assessed therefor. Board of ^ 8. The board of assessors of said city shall forthwith proceed to toradn^ apportion and confirm such assessment upon the principle herein stated assew- and prescribed, reducing the assessment to be made upon the several ^^^ ' pieces or parcels of land within said district of assessment by one-third from the amount which would be assessed thereon but for the passage Assess, of this act, and in such manner that twenty per cent, of the amount when, and sui^sessed On each parcel shall be due and payable within thirty days * monnto ^™ *^® passagc of this act ; twenty per cent thereof on the first day payable, of Juue, One thousand eight hundred and seventy-five, together with interest on the amount of said assessment remaining unpaid ; twenty per cent, on the first day of June, eighteen hundred and seventy-six, together with interest as aforesaid ; twenty per cent, on the first day of June, eighteen hundred and seventy-seven, together with interest as aforesaid ; and the remainder of said assessment, with interest, on the Assess- first day of June, eighteen hundred and seventy-eight, and such assess- cJmarm^ meut so to be laid and confirmed shall be confirmed by the common by the couucil, and such reduced sums or assessments shall thereupon become coujicul* due and payable, and the collector of taxes and assessments shall pro- deed to collect the same in the same manner as collections of assessments are now made by law. Deflcien. ^ 4 For the purpose of meeting the deficiency to arise in said original provided assessment by reason of the city assuming the payment of one-third for. thereof, there shall be levied and assessed in the annual taxes of said city annually for five yeat« immediately hereafter an amount equal to one-fifth of such deficiency, with interest thereon, which annual amount shall be in addition to all other amounts limited by law to be raised by tax annually for city and county purposes. ^ 5. This act shall take effect immediately. Qup.45.] NINETY.SEVENTH SESSION. 71 Chap. 4=4=. AN ACT to regulate the salaries of the president^ trustees and other officers of the village of Dunkirk. Passed March 3, 1814 ; thiee-fifths being present. The People qf the State of New Torky represented in Senate and AnenMy^ do enact as fcUmcs : SBcncnr 1. The board of trustees of the village of Dunkirk is hereby aathoriaed to appropriate as annual compensation to the several officers of said village, amounts not to exceed the several sums, as follows : To the president, fifty dollars. To the trustees, each twenty-five dollars. To the village attorney, seventy.five dollars. To the village physician, fifty dollars. To tiie village clerk, one hundred and twenty-five dollars. To the village printer, fifty dollars. To the board of health, not to exceed three members, each fifteen dollara To the chief engineer of the fire department, forty dollars. To the stewards of the fire department, not to exceed four in num. ler, each twenty dollars. To the street commissioner, four hundred dollars. To the three village assessors, each fifty dollars. \ 2. All acts and parts of acts incoiisistent with this act are hereby Repeal, repealed. \ 3. This act shall take effect immediately. Cliap. 4:5. AN ACT to amend an act entitled " An act to revise and consolidate the general acts relating to public instruc- tion," passed May second, eighteen hundred and sixty- four, so far as relates to the school commissioner districts in and for the county of Steuhen. Passed March 3, 1814. The People cf the State of New York, represented in Senate and AssenMy^ do enact as follows: Section 1. Hereafter there shall he only two school commissioners elected in and for the county of Steuben, and each assembly district in that county is hereby made and shall be a school commissioner district. \ 2. The first section of this act shall not be construed to reduce the number of sr;hool commissioners in the county therein mentioned dur- ing the term for which those now in office have been elected, but the present incumbents shall continue in office in their respective districts tot the residue of the terms for which they were respectively elected. 73 LAWS OF NEW YORK. [Chaf. 47, Chap. 4iG. AN ACT to authorize the board of education of '^ Union Free School District Number One of the town of Ovid," in the county of Seneca, State of New York, to sell and convey a portion of the land occupied as a site for the school-house of said district. Passed Maircli 5, 1814 ; three-fifths being proaent. The People of tTie State of New York, represented in Senate and Assembly, do enact as foUotos : Section 1. The board of education of '* Union Free School District Number One of the town of Ovid,'* in the county of Seneca, are hereby authorized and empowered to sell and convey one-fourth of an acre of land, comprising the north end of the premises situated in the village and town of Ovid aforesaid, occupied by said district as a schooUhouse site ; but such conveyance shall be made only with the unanimous con- currence of the members of said board. ^ 2. This act shall take effect immediately. Chap. 47. AN ACT to amend an act entitled <^An act to amend and consolidate the several acts in relation to the charter of the city of Rochester," passed April eighth, eighteen hundred and sixty-one. Passed March 6, 1874 ; three-fiifths being present. The People of the State of New York, represented in Senate a/nd Assembly, do enact asfcUows: Section 1. Section one hundred and seven of '^An act to amend and consolidate the several acts in relation to the charter of the dty of Rochester,*' passed April eighth, eighteen hundred and sixty^ne, i& hereby amended so as to re^ as folk)W8 : Notice. ^ 107. Any holder of any certificate of lands sold for dty taxes or ii8hod'*°iMr assessments, who shall be required to publish the notice required by the holder of next Succeeding section, shall cause said notice to be published once in cate. ' each week for six weeks successively in the city papers authoriaed to publish corporation notices, within one year after the expiration of the Forfeitnre period of redemption provided for by the preceding section, or such compH-' person shall forfeit any right he may have by reason of such certificate ; anoe. and any person making redemption after publication of said notice shall, Redemp. within the time provided for by said section, pay the amount for which ^^^' the land was sold, with the addition of fifteen per cent, per annum into the city treasury for the use of the person who shall hold said certifi. cate ; and this provision shall be applicable to all certificates of the sale of lands for taxes or assessments held by the city of Rochester. \ 2. Section one hundred and eight is hereby amended so as to read as follows : Time for K 108. All persons residing in the city of Rochester, who are owners Slif^jT of lands sold for taxes or assessments under the foregoing provisions, Chap. 48.1 NINETY-SEVENTH SESSION. 73 dall have, in addition to the right of redemption above provided, tended thirty days to redeem eudi land after a publication of a notice of such ^^^^ sale signed by the person claiming the premises under such sale, or his ^genty and shall specify the amount of the tax or assessment and chazges at {he time of such sale, and the time for which such premises were bid off; and that the owner is required to redeem the same within thirty days, and all non-resident owners of premises sold as aforesaid shall have ^e same time for redemption as is hereby granted to resident owners^ after the publication of a like notice. 4 S. Section one hundred and nine is hereby repealed. Bepeai. i 4. Section one hundred and ten is hereby amended so as to read as IdDowb: ^110. Whenever any lands in said city shall have been sold forTaxttues, taxes, and the certificate of sale shall be held by said city, and the said fedeifT lands shall not have been redeemed as above provided, the mayor of said dty shall execute a certificate setting forth the original sale, the expiration of two years from said sale, the published notice to redeem, and the expiration of the thirty days above provided for, which certifi. eate under the seal of the city, and duly acknowledged, shall be recorded in the Monroe county clerk's office, and such record shall be a perpetual bar, and foreclose the equity of redemption of all owners or claimants of said premises. \ 5. Section one hundred and fifteen is hereby amended so as to read as follows : \ 115. An affidavit of the publication of the notice required by the Affldarft preceding sections of this title, in order to determine the time of ^^^on^^ ledemption of such lands, specifying the time of such publication, and noUoe. taken oefore an officer authorized to take affidavits to be read in courts of record, shall be tiled vrith the clerk of the city within ten days after such publication, and the said affidavit shall be presumptive evidence of the facts contained therein. ^ 6. This act shall take effect immediately. Chap. 48. AN ACT to authorize the common council of the city of Binghamton to erect n bell tower over Academy street. Passed March 6, 1874 ; three-fifths being pi^esent. T%e People of the 8tate of New York^ represented in Senate and AmeftMp, do enact as foUotos : « Section 1. The common council of the city of Binghamton, in addi- Beu tion to the power vested in them in relation to streets under the charter Jj^^j^^ of said dty, are authorized and empowered to erect a bell tower over councu Academy street, and to place the foundation on the sides of said street fxed to at such point between the east and west sides of Firemen's hall as the erect. common council of said city may designate for such purpose. And in the erection of such tower it shall be so constructed that said street may be used as a passageway from Collier street to the Chenango canal ior the accommooation of such, if any, who may desire to use said street i 2. This act shall take effect immediately. 6 74 LAWS OP N^W YORK. [Chap. 60. Chap. 4.9. AN ACT ceding to the United States of America jurisdic- tion over certain lands in this State for light-house purposes, and exempting the same from taxation. Passed March 6, 1814, by a two-thirds vote. Whereas, The United States propose to establish a light-houae at Thirty Mile Point, on the south shore of Lake Ontario, in the town of Somerset, in the county of Niagara, and State of New York, for the purpose of aiding navigation ; therefore, The People of the State of New York, represented in Senate and Asseffiblpf do enad^ asfoVLowe : Jnrisdic- SECTION 1. The jurisdiction of the lands and their appurtenances, that ceded. ^^® hoen or may be purchased for the establishment of a light-house in aid of navigation on Lake Ontario, in the town of Somerset, in the county of Niagara, is hereby ceded to the United States of America ; ProTiflo. provided, however, that all civil and criminal process issued under the authority of the State of New York, or any officer thereof, may be executed. on said lands, and in the buildings that may be erected thereon, in the same way and manner as if jurisdiction had not been ceded as aforesaid. Exemp- ^ 2. The lands above described, with their appurtenances and all SuutSoiDL l>uildings and other property that may be placed thereon, shall forever hereafter be exempted from all State, county and municipal taxation and assessments whatsoever, so long as the same shall remain the property of the said United States. ^ 3. This act shall take effect immediately. Cliap. 50. AN ACT to authorize the city of Binghamton to provide for the payment of the Ruloff reward and expenses. Passed March 6, 1814 ; three-fifths being present. The People of the State of New York^ represented in Senate and Assembly y do enact asfoUotos : Common Sectioit 1. The commou council of the city of Binghamton is hereby withoii empowered and authorized to raise by general tax, in the year eighteen ized to hundred and seventy-four, in addition to the sums it is authorized to "x an ad. raise for city purposes, the sum of two thousand and seven hundred ditiouai dollars, for the following purposes : twenty-five hundred dollars, to be ""™" used in paying the Ruloff reward, offered by mayor Congdon in the year eighteen hundred and seventy, in behalf of said city ; two hun- dred dollars to defray expenses, on account of actions brought against said city by different claimants, for such reward, and now pending in Monev, the Supreme Court. Said money when raised 8hall be kept by the how kept ^ly treasurer a distinct fund to be applied to the purpose specified by the common council. ^ 2. This act shall take effect immediately. CkAF. 53.] NINETY-SEVENTH SESSION. 75 Chap. 51. AN ACT to extend the time for the collection of taxes in the town of Hunter, in the county of Greene. Passed Majch 6, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and AssenMift do enact a^ follows : Sbction 1. The time for the collection of taxes by the collector of the collection town of Hunter, in the county of Greene, is hereby extended until the Sm^?' first ^y of April, eighteen hundred and seventy-four ; provided, how- tended. erer, that within five days after the passage of this act, the said ooUcctor shall pay over all moneys by him collected, and renew his bond to the satisfaction of the supervisor of the said town. \ 2. This act shall take effect immediately, and shall have the same effect as though tiie •same had jmssed prior to the fifteenth day of Febroaryy eighteen hundred and seventy-four. Chap. 52. AN ACT authorizing county courts and courts of sessions to summon additional petit jurors same as circuit courts of oyer and terminer.^ Passed March 6, 1874 ; three-fifths being present. The People cf the State of New Yorh^ represented in Senate and AssenMy^ do enact a^ foUotos : Sbction 1. All statutes now in force authorizing circuit courts and J^^^^ courts of oyer and terminer to summon additional jurors to serve in said conrts of courts, shall apply to the county courts and courts of sessions in this J^!^"^. State. mon ad- \ 9. This act shall take effect immediately. faro»!^ Cliap. 53. AN ACT to prevent persons from obtaining employment in positions of trust upon forged and false papers. Passed March 6, 1814 ; three-fifths being present The People of the State of Neto York^ represented in Senate and AssenMy^ do enact as follows : SBcnoN 1. Any person who shall present any forged letter or forged Misde- certificate of recommendation, or make any false statement in writing ™o&noi'- as to his or her name or residence or previous employments, and there, upon shall obtain appointment to any x)osLtion of trust, the duties of which are wholly or in part to collect, or receive, or disburse money, abail, upon conviction thereof, be deemed guilty of a misdemeanor, and be pamshed by imprisonment in the county jail, not to exceed one punish- ment. * So in original. 76 LAWS OF NEW YORK. [Chap. 55. year, or by fine not to exceed the sum of two hundred and fifty dollarSy or by both such fine and imprisonment. ^ 2. This act shall take effect immediately. Chap* 54:. AN ACT to authorize the district attorney of Livingston county to discharge the duties of surrogate of said county during the inability of the county judge and surrogate thereof, on account of sickness. Passed March 9, 1814 ; three-ftfths being present. The People of the State of New York^ represented in Senate and Assembly J do enact as follows : District Sbctioic 1. Whenever the county judge and surrogate of Livingston to^exOT-^ county is sick and unable to discharge the duties of his office, the dis- jartedio- *^^* attorney of said county, in addition to the powers conferred upon tfoiiofBar- district attiomeys by section thirty-two of chapter four hundred and rogate. geventy of the laws of eighteen hundred and forty-seven, shall xx>S8es9 the power and exercise the jurisdiction of the surrogate of said county during the continuance of the sickness and disability of said county When to judffe and surrogate. The said district attorney shall enter upon the on daties aischarge of the duties of such surrogate as herein provided whenever of »««To- lie shall receive notice from said county judge and surrogate of his ina- *^* ' bility to dischai^e the duties of said office of surrogate on account of sickness, and a request from him to act as surrogate as herein provided, and the powers and duties of said district attorney shall cease when- ever the said county judge and surrogate shall assume the duties of said Bond to office. The said district attorney, before he enters upon his duties under ^^oxeca- ^^^ provisions of this act, shall execute a bond, with sureties, the same in all respects as is now reauired of the surrogate of said county ; such bond to be approved and filed as now requir^S by law for the approval and filing of surrogates* bonda The liability of the countv judge and surrogate of said county and his sureties on his official bond shall in no way be affected by the passage of this act. ^ 2. This act shall take effect immediately. Oliap. 55. AN ACT in relation to the Brooklyn Trust Company. Passed March 10, 1814. The People of the State of Neio Tork^ represented in Seriate and Assembly^ do enact as fellows : Capital Sbction 1. It shall be lawAil for the Brooklyn Trust Company to b^re-"'^^ reduce its capital stock to an amount which shall be equal to the value daced. of the property and effects of said company, beyond all its debts and Kcdno- liabilities. Such reduction shall be made in the same manner now pro- made ^^"^ vided by law for redncinff the captal stock of banking associations in and by a certain act entitled '^ An act to provide for the reduction of capital stock of banking associatious,'' passed April thirteenth, eighteen hundred and fifty-nine. Chap. 57.] NINETY-SEVENTH SESSION. 77 ^ 2. Frofm and after such reductioii, to be made as aforesaid, the said cnpiui company may increase its capital stock to the amount and in the man- SeTn "*^^ ner now provided by the act incorporating said company, passed April crauetu fourteenth, eighteeen hundred and sixty-six, and by the several acts amendatory thereof. \ S. This act shall take effect immediately. Chap. 56. AN ACT to amend chapter two hundred and seven of the laws of eighteen hundred and fifty-two, entitled "An act to incorporate the Cayuga Asylum for Destitute Children," passed April ten, eighteen hundred and fifty- two. Passed March 11, 1874 ; three-fifths being present. The People of the State of New Yoriy represented in Senate and As^enMy^ do enact as follows : Sbctiox 1. Section thirteen of chapter two hundred and seven of the laws of ^bteen hundred and fifty-two, entitled *' An act to incorporate the Gayuga Asylum for Destitute Children," passed April ten, eighteen hundred and fifty-two, is hereby amended so as to read as follows : ^ 13. The board of supervisors of the county of Cayuga shall annually Moner to raise and collect, in the same manner as other county charges are levied ^ rahed. and collected, any sum of money not exceeding the sum of three thou- sand dollars in any one year as they mav deem proper and just, for the use and benefit of said society ; and all such money, so raised and To whom collected, shall be paid when collected by the treasurer of said county ^^^' to the treasurer of said society. And the said society shall, upon com- Terms to plying with the terms mentioned in the second section of chapter three Jfj^™" hundred and sixty-eight, of the laws of eighteen hundred and' forty- with. nine, be entitled to a distributive share of the moneys appropriated out of the treasury and distributed as therein directed, or as shall hereafter be provided by law in relation to the orphan asylums of this State. Chap. 57. AN ACT to empower the judges of the superior court of Buffalo to employ a stenographer. Passed March 11, 1874 ; three-fifths being present. The People of the State of New Tork^ represeiUed in Senate and Ajsaembiy y do encuit as follows: Sbction 1. The judges of the sux)erior court of Buffalo shall have the stenogra- power to employ a stenographic reporter for the civil and criminal* of gS®/^^*^ said superior court of Bu&lo, who shall be skilled in his profession, pioyod. and sludl be an officer of the court duly sworn to perform the duties of said office, and shall hold said office during good l^havior. ( 2. It shall be the duty of such stenographic reporter to take full Duty or minates of the proceedings in all cases tried at the civil and criminal '^^r ^^' • So in origiuaL V8 LAWS OF NEW YORK. [Chap. 59 sation. terms of the said superior coart of Buffieilo, and shall famish an accorate Compeii- transcript of such minutes when requested to do so, and for wWh be shall be entitled to receive the sum of six cents for each one hundred words BO transcribed, which sum shall be jHud by the party ordering such transcript. ^ 3. The said stenographic reporter shall receive a salaiy of two thousand dollars per annum, to be paid from the treasury of said city of Buffalo, quarterly, on the certificate of a judge of said superior court showiM that the services have been actually performed, § 4 This act shall take effect immediately. S3 Chap. 58. AN ACT to extend the time for the collection of taxes in the city of Oswego. Passed March 11, 1814 ; three-fifths being jiresent. The People of the State of New York^ represented in Senate and Aaeemblyy do enac^ aefoUQwe : Bonds to Sbction 1. If the collectors of taxes of the city of Osw^po, in the newed. county of Oswcffo, shall respectively renew their several bonds, or give new bonds, to uie satisfiEiction of the supervisor or supervisors author- Penalty, ized by law to approve the same, in penalties at least double the amount remaining uncollected under their respective warrants, within five days after the passage of this act, and shall, within the same time, respectivelv, pay over to the treasurer of Oswego county all moneys Time for which shall then have been collected by them respectively, the time for toxe?to% collecting the taxes in said city, and making the returns thereof, shall extended, be extended to the twentieth day of April next. i 2. This act shall take effect immediately. Chap. 59. AN ACT supplementary to chapter seventy-six of the laws of eighteen hundred and seventy-three, entitled " An act to define and establish the boundaries of school district number five of the town of Flushing, Queens county ; to provide for the purchase of a new school-house site, and erection of a new school-house thereon, and for the sale of the present school-house and site in said school district." Passed March 11, 1814 ; three-fifths being present. The People of the State of New Tork^ represented in Senate and Aesefnbly^ do emxct aefoUotoe : Sbction 1. In addition to the sum of forty thonsand dollars, author, ized to be borrowed and expended by section two of chapter seventy, six of the laws of eighteen hundred and seventy-three, entitled ^' An act to define and establish the boundaries of school district number five of the town of Flushing, Queens county ; to provide for the purchase of a new school-house site, and erection of a new school-house thereon, Chap. 59.] NTNETYSEVENTH SESSION. 70 ftad for the aale of the present BchooUhoufle and site in said school district,** tike board of education of school district number five of the Board or town of Flushing, Queens county, shall have the power to borrow a sum ^^ kliTe of money not exceeding twenty-five thousand dollars, and to expend power u tbe same for the same purposes, and in the same manner as provided ^^y^ for the said sum of forty thousand dollars, authorized to be raised and expended by the second section of said act ^ 2. The said board of education of said school district number five, soncu, and their suooessors, in their official capacity, shall have the power to f^^^ ^ issue bonds in such sum or sums as they may deem proper, but not exceeding in amount twenty-five thousand dollars (in addition to the forty thousand dollars heretofore authorized by said act of eighteen hundred and seventy-three), (under and within the restrictions herein. after mentioned), to such person or persons, body or bodies corpo- rate, as shall loan the said sum of money, or any part thereof, pledging How se- the &ith and credit of the said school district therefor, for the purpose ®"'®^- of securing the repayment of such sum, or such or any part thereof, as may be borrowed as aforesaid, together with the interest that may be doe thereon, at a rate not to exceed seven per cent, per aiinum. The principal of said bonds shall be made payable at the rate of two thou- Bonds, sand dollars in each year, commencing in the year one thousand eight Tt'wba?^^ hundred and ninety-five. The said bonds shall not be sold for less rate paya- than par value. ^' ^ S. The said board of education and their successors in office, for Board of the purpose of paying said bonds and the interest that may grow due ^on^to ther^n, are authorized and empowered to raise, by tay upon the taxa- levy addi- bie property of said school district, such principal and interest as fol- ^^' lows, namely : They shall annually, until the principal and interest of said bonds be fully paid, in addition to such sum as they may be entitled to raise, levy and collect, under the statutes of the 8tate of New York, relating to common schools, and under said chapter seventy- ax of the laws of eighteen hundred and seventy-three, and in the same manner and at the same time as is now provided by said statutes, levy, raise and collect a sum sufficient to pay the interest of all out- standing bonds for the year ; and in addition to said sums, they shall Amonnt annually, after the year eighteen hundred and ninety-four, raise the ^j^^ an- sum of two thousand dolla^ to pay the principal of the bonds falling f^^i^J. ^^' ^ s « cer lovAa doe m such year. 1 4. The said board of education and their successors shall take no Act to be steps in pursuance of the provisions of this act, until the same shall be Sy^'voters approved by a ma^jority of voters of said school district number five of district, entitled to vote at school district meetings, voting at a special or annual school district meeting, to be called and held by said board of education at the present public school-house in said district, after giving at least Notice of twenty days' notice of such meeting, by posting the same in at least six ™®®'*^«- public and conspicuous places in the said school district, and by publi- cation of such notice in all the newspax)ers of said villi^e of Flushing, ODoe in each week for two weeks. The said meeting shall be held ftom Meeting, the hour of two o'clock in the afternoon until seven o'clock in the even- ^^be bei¥ ing, daring all which time the poll shall be open, and shall be conducted in all other respects as now provided by law. The said board of educa- tion shall provide a box for said meeting, in which to receive the ballots hemnaft^ mentioned. The ballots shall contain the words, ^* In favor BaUota, of twenty-five thousand dollars additional for new schod-house," or, ^ntli?. 'K)ppoeed to twenty-five thousand dollars additional for new school. house." If a majority of the ballots cast at such election shall contain 80 LAWS OF NEW YORK. [Chap. 61. Approval, the wokIs, " in favor of twenty-flve thonaand dollars additional for given. ^^^ school-houfiie/' the approval aforesaid shall be considered as riven. Board of Said ballots, voted as aforesaid, shall be^^nvassed by the said board Son^ of education or a majority of its members ; and the said* board shall caavaas keep a leoord of the proceedings of such meeting, and shall file the andkeop Same, together with a certificate of the result of such election, in the a record office of the town clerk of said town, within five days after bu(* meet- cee^UnKs. iug shall be held. In case at the election so held the approval aforesaid Sobse. shall not be obtained, it shall be lawful for the said "bosLrd of education eiectfons ^ ^^^ ^^^ ^^^^ Subsequent elections within two years after the passage mav be of this act, in all respects to be called and conducted as prescribed for called, gg^.^ gj^^ election ; but no succeeding election shall be held within six months of the tim& of holding a preceding election under this act. ^ 5. This act shall take effect immediately. Chap. 60. AN ACT to regulate the fare upon the Gloversville and Kingsboro Street Railroad, and the weight of rails to be used thereon. - Passed March 11, 1874 The People of the State of New Tork, represented in Senate and Assembly J do enact asfoUows : Fare. Sbction 1. The Gloversville and Kingsboro Street Railroad Comiiany are hereby authorized to charge not to exceed five cents fare for any distance within the boundaries of the village of Gloversville, and not to exceed an additional five cents where the same shall extend beyond the present limits of said village, wei^t or ^ 2. The said Gloversville and Kingsboro Street Railroad Company, in '^^' the construction of their said road, are hereby authorized to use rails of not less than twenty-five pounds weight per lineal yard. § 3. This act shall take effect immediately. Cliap. 61. AN ACT granting certain rights and privileges to the Gloversville and Northville Railroad Company. Passed March 11, 1814; three-fifths being present. The People of tJie State of New Tork^ represented in Senate and Assembly f do enact as follows : Section 1. The Gloversville and Northville Railroad Company shall be entitled to all the provisions of an act entitled ** An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty, and of the several acts amendatory thereof, whenever five thousand dollars for every mile of its railroad proposed to be constructed is in good faith subscribed toward its capital stock, and ten per cent, thereon paid in good fiutL \ 2. Thia act shall take effect immediately. Chap. 62.] NINETY-SEVENTH SESSION. 81 Chap. 62. AN ACT to provide for the election or appointment of a police justice in the village of Northville, Fulton county, and for other purposes in relation to the excise moneys in said village. Passed March 13, 1814 ; thTee-fifthg being present The People of the State of New Yorky represented in Senate aiid Assembly y do enact asfoUoics : Section 1. At the next annual election to be held in the village of Police jns- Noithville, Pulton county, for the election of village officers after the eicct^i!*^ passage of this act, and in every second year thereafter there shall be elected one police justic, who shall hold his office for two years and until Term of another shall be elected and qualified in his place. Buch police justice ^^*^* shall, before entering upon the duties of his office, take and subscribe Official the oath of office, now required by the Constitution, before the clerk of °*^*** the county of Fulton, within eight dajrs after receiving notice of his election, and if he shall &il to t&e and subscribe such oath within the tune above-mentioned, then his office shall be declared vacant. ^2. The police histice 8h£Cll have the same powers and jurisdiction His pow- and be subject to tne same duties and liabilitieB, as justices of the peace f^JSic- of the several towns in this State, except as herein otherwise provided, tion. and his iudgments and proceedings may be reviewed as is or may be provided in cases of judgments and proceedings of justices of the peace. § 3. Sadi police justice shall have no jurisdiction to try civil actions, NojnriB- except such as are brought to recover a fine, penalty or forfeiture for the civu ac-*^ violation of any by-law, ordinance, rule or regulation of such village, or tiona, ex- for fines and xienalties incurred for violations of the excise laws within cerudn BQch village ; every such action brought in the police court shall be in <^****- the name of the corporation, and may be commenced as provided by law. If judgment be given against the defendant in such action, execution Execn- may be issued thereon immediately, and shall require, if the officer to ?o finJ®*^ whom it is issued cannot find any goods or chattels of the defendant and what whereof the judgment can be collected, that the defendant be impris- taio?'^' oned in the county jail or village lock-up for a teim therein mentioned, not exceeding thirty days. \ 4. All fines or penalties collected for violations of any by-law, au lines ordinance, rule or regulation of said village, or for fines and penalties {J ^\^^q collected for violation of the excise laws within said village, shall be treasurer, piud to the treasurer of scdd village for the use of the said village. \ 5. The police justice shall be entitled to receive the same fees as Fees, jnslices of the peace are entitled to for like services, and paid in the nme manner. \ 6. Such police justice shall keep a docket, in which he shall enter Docket, all business done by him, in the same form and manner as is required i^ept^ ^ by justices of the peace. \ 1. In all cases where the complainant or the defendant in any civil Costs, to action shall be adjudged to pay the costs, the said police justice shall ^o%^^^* tax for his services such fees as are allowed by law to justices of the amonnt, peace for like services, which costs shall be collected according to law, collected, and all fines imposed by said justice for criminal offenses shall be Fines, by received by him from the x>er8on who shall collect or pay the same. ^ued. ^ LAWS OF NEW YORK. [Chap. 63. Imprison, i 8. Any person convicted before the police justice, of petty offenses potty of' *^^ misdemeanors punishable by imprisonment in the county jail, may, feoaes " in the discretion of such justice, be sentenced to confinement in the iSS-nj/'' lock-up of said village instead of in the said county jail. Vacancy, ^9. If a vacancy shall occur in said office, by death, resupnation or howmied. otherwise, the president and board of trustees of said villa^, or a majority of them, shall appoint some person to fill suoh vacancy, who shall hold his office until the next annual election after the happening of such vacancy. ^ 10. This act shall take eflfoct immediately. Oliap. 63. An act to amend an act entitled "An act to incorporate the village of Port Richmond, in the county of Rich- mond," passed April twenty-fourth, eighteen hundred and sixty-six, and the act amendatory thereof, passed April twenty-fiifth, eighteen hundred and sixty-seven. Passed March 14, 1814 ; three-fifths being present. The People qf the State of New York, represented in Senate and Assembly f do enact as follows : Section 1. Section eleven of an act entitled "An act to incorporate the village of Port Richmond, in the county of Richmond," pasaed April twenty-fourth, eighteen hundred and sixty-six, as amended April twenty-fifth, eighteen hundred and sixty-seven, is hereby amended by adding thereto the following, viz. : Board of The board of excise in said village of Port Richmond shall, forthwith, pay over P^7 ^^^^ ^ *^® treasurer of said village, all moneys now remaining in moneys to their hands as such board of excise ; and hereafter all moneys which ^JiJI^ror. shall be received by said board for licenses, and all penalties which shall be recovered by them for violations of the excise laws, and all fines imposed by justices of the peace in said village, or by any other court, for offenses committed in said village against said excise laws, TreasQ. Shall, in like manner, be paid over to said treasurer, and said treasurer der an *** shall render an annual account thereof the same as of other moneys of annual said village, and said trustees shall expend all moneys which shall be account. ^^.^ ^ ^^^ treasurer under this act, for the ordinary expenses of the village. ^ 2. Section sixty-one of said act incorporating said village of Port Richmond, is amended so as to read as follows : village ^ 61. The clerk shall attend the meetings of the trustees, and the dSi^***' annual and special meetings of the electors, and record in a book, known as the journal of the village, all resolutions, ordinances, direc- tions and other determinations at such meetings, including the election of officers, with their oaths of office ; he shall also enter in a book, to be known as the clerk's minutes, a memorandum of all notices served by him, stating the time and manner of service, with any other minutes Notices, directed by this act to be kept by him. He shall serve, or cause all notices to be served by some x)erson of suitable age and discretion, and file all papers required by the trustees or by this act, make copies of assessment rolls, tax-lists and other papers required by the trustees or i^esident, and keep in good order the books and papers in his offioa €haf.65.] NINETY-SEVENTH SESSION. 83 I3L Section nxty-two of said act is amended so as to T^id as t)IiowB: & nnty § 3. The county court of the county of Essex shall and may, and flx'^rates hereby is directed, annually during the continuance of this act, in the orferria«e month of January to order, direct and determine the several rates of aun y. £>^j.j.|^g^ ^^^^ hours of the day that boats shall be kept in readiness belonging to said ferry. Penalty g 4. If the Said Clark P. Ives, his heirs or assigns, or any ferryman or iny^or^re- other person employed by them, shall take, exact or receive any greater SieM? ^^ higher rates of ferriage, for transporting goods and chattels, passen- fcmage. gers or other property whatsoever, tnan shall be allowed by the provi- sions of the next preceding section of this act, the person or persons so offending shall forfeit and pay for every such offense the sum of five doUai's, to be recovered with costs of suit, before any justice of the peace within the county of Essex, by the party aggrieved. No com- § 5. If any other person or persons shall, within ten years after the ferry u> be Passage of this act, set up, keep or maintain any ferry, or shall carry setnp or transport any person, goods or chattels for hire or pay across said one mUe. lake, from any place on the west side or shore of the same within one mile north or south of the now dwelling house of Charles Stewart, situated on the southeast corner of said farm, every such person or per- Penalty. SOUS shall, for every such offense, forfeit and pay tne sum of five dollars, to be recovered with costs of suit before any justice of the peace in the Persons couuty of Esscx, by the party aggi'ieved ; provided, that nothing in this Sefr"own *^* Contained shall be deemed or taken to prevent any person or persons boats. who reside within the limits aforesaid, and adjoining the said lake, from the right of making use of their own boats and transporting themselves and property across the same at their pleasure. When , § 6. If at any time hereafter, it shall appear upon sufficient evidence Srfeitedf to the county court of the county of Essex, that the said Clark P. Ives, his heirs or assigns, shall willfully and knowingly neglect to comply with the directions or restrictions of this act, in keeping and main tam- ing the ferry as aforesaid, said court shall adjudge and declare that all the privileges granted to them by virtue thereof, shall cease and be of no effect § 7. This act shall take effect immediately. C&AF.67.] KINETY-SEVENTH SESSION. 85 Chap. 66. AN ACT extending the time in which the Canandaigua, Pahnjra and Ontario Railway Company shall expend ten per cent, of its capital in the construction of its road, and in which to finish the same, and to put it in operation. Passed March 17, 1874. The People qf the State of New York, represented in Senate aad Aatemblp, do encu^ asfoUows : Sbctiok 1. The time in which the Canandaigna, Palmyra and Ontario Time BanwBT Company, as limited by the forty-seventh section of the act fjJj^Jon- entitled ** An act to anthorize the formation of raih'oad corporations strnctioa md to regulate the same," passed April second, eighteen hundred and amfto ex- fifty, is required to begin the construction of its road, and to expend ^^"^g^J^^j^ theieon ten per cent, on the amount of its capital, is hereby extended capital for two years, from the twentieth day of March, eighteen hundred and exteSdod. seTenty-fonr, and the time in which it shall finish its road and put it in operation for three years thereafter. § 2. This act shall take effect immediately. Chap. 67. AN ACT in relation to town meetings in the town of Cortlandt, in the county of Westchester. Passed March 17, 1874; three-fifths being present 7%e People cf the State of New Tork^ represented in Senate and AstenMy, do enact as follows : SEcrnox 1. Election for town oflBcers in the town of Cortlandt, in the Election county of Westchester, shall be held on the days appointed for the officc»r annaal town meetings in the several towns of the county of Westchester, J^**g°,5^ and for that purpose polls shall be opened in each and every election ^ ^ district of the said town, at the places designated for the holding of general elections. The inspectors of election, duly elected or appointed inspect- to preside over and conduct general elections, shall preside over the e^^etec^' election of town officers and the voting for appropriations provided for ^^^^^ by Uiis act, and shall be entitled to the same compensation for their ^'^ ^' eervioes as they are authorized by law to receive for attendance at general elections. § 2. All the electors of said town entitled to vote at a general election, qnaiifloa- shall have the right to vote at each town election in the district in VoSob!^ which they reside, and all town officers of such town shall be voted for upon a ballot indorsed ^' I'own Officers," except the i*eceiver of taxes and Endone- aaseaaments for the town of Cortlandt, and village of Peekskill, who balfoV*** shall be voted for upon a separate ballot indorsed "Beceiver/' All ballots indorsed "Town Officers" shall be deposited in a ballot box labeled ^Town Officers," and all ballots endorsed "Receiver" shall be deposited in a ballot box labeled " Beceiver." § 3. No elector shall vote for more than two persons as inspectors of No elector etectious, and any ballot containing moi*e than two names shall not be more^ttiaii 86 LAWS OF NEW YORK. [Chap. 67. two in. counted in the canvass. Inspectors of elections held nnder this act specton. gjjj^ji ^ residents of the election district for which they are elected or Present appointed ; hut the inspectors of elections elected at the last town elec* to^preSde ^^^^9 ^^^ prior to the passage of this act, or lawfully appointed at or ftt first after such election, shall preside over and conduct the first election held. under this act in the distirct for lyhich they wei'e elected or appointed. Canvass § 4, The inspectors of election, immediately after the closing of the polls, shall proceed to canvass the votes cast in their respective districts, at the place where the election is held, and, without adjournment, shall Reports, complete their canvass, and make detailed reports in writing, in dupli- cate, of the result of such election, which returns shall be signed by Retnrns. them. They shall thereupon severally inclose and seal up such returns, posSed. * aiid the chainnan of such inspectors shall, witliin twenty-four honrs after the closing of the polls, deposit one of such returns in the ofSoe of the town clerk of said town, and deliver the other to the supervisor of said town. Returns, g 5. The supervisor and justices of the peace of said town, or a major- whcTO, ity of them, shall meet at the office of the town clerk at noon, on the ?rtiom^ Thursday following each election held under the provisions of this act, opened, and open in public such returns. They shall thereupon ascertain the Sapervis- result of such election as shown bv the returns of said inspectors, and jnstiSs to shall declare the persons respectively who shall have receiver! the high- as^rtain est number of votes duly elected to the offices which they have been cuire re- respectively voted for ; provided, however, that only the two inspectors suit Qf election in each of the several election districts shall be declaimed Person elected inspectors for such district. The supervisor and justices present nexufigh- ^^ ^^^^ meeting shall thereupon appoint the person having the next OTtnnm. highest number of votes for inspector of election in each district the votes to third inspector of election for such district In case two persons in any pointed district shall have received such next highest number of votes, the super- visor and justices, or a majority of them, may appoint either of said Certiflcate persons as such third inspector. The said supervisor and justices, or a made and majority of them, shall thereupon certify, in writing, the result so filed. ascertained by them, and in such certificate shall set forth the names of all the persons voted for, the offices for which they were desig- nated, as appears by the returns, the number of votes received by each, and the. persons declared by them to be elected, which oertificate List of shall be filed in the office of the town clerk. The said supervisor pointed^' shall also file a list of the persons so appointed to act as inspectors Town of election. The town clerk shall forthwith transmit a copy of said toansi^t certificate duly certified by him to be a correct transcript thereof, to the certified clerk of the county of Westchester, who shall file the same in his office, ce^flcate Within ten days after the filing of said certificate in the town clerk's cierk^'anS ^^^c, Said towu clerk shall give notice in writing to the seveml persons notifyner- declared by such certificate to be elected or appointed, of such election ted'orapl ^^ appointment And said town clerk shall thereupon be authorized to pointed, administer the oath of office to the several persons declared in said cer^ tificate to have been duly elected or appointed, who are hereby required to take such oath before him. Oath of § 6. The said towu clerk shall, at least ten days before the time ^"^* appointed for each town election, cause to be posted, in at least ten con- spicuous places in each election district of said town, printed handbills, announcine; the date of such election, the several places where the same will be held, the various offices to be filled at such election, and the several appropriations applied for by the commissioners of highways of said town. Crap. 68.] NINETY-SEVENTH SESSION. 87 § 7. All appropriations applied for by the commissioners of highways Appro- of said town, under and piii*suaut to the laws of this State, authorizing i^SS^ appropriations for highway purposes to be made at town meetings^ shall ^'^>. be Toted for at such election by ballot, by the electors qualified to vote So^er/of for town officers at such election, except as herein provided. Each ballot ^^J^"*^'** dtall be for or against the appropriation or appropriations so applied Totcd ibr for, designating the same by amount of appropriation and location of ^^ baUot highway for which the same is applied for by the commissioners^ and such ballots shall be indorsed '^appropriations for highway purposes." Each Toter shall have the right to vote by the same ballot for or against votermsy all approprioations so applied for, or either of them, and all ballots shall game'ifti- be deposited in a ballot box to be provided for the puipose, and which lo* .ft>r or shall have thereon the words "appropriations for highway purposes." Jmy^o? au Such ballots shall be canvassed, and the result of such voting certified JSons^**' in the manner provided by the fourth and fifth sections of this act, with regard to the election of town officers, so far as the same shall be appli- cable thereto. § 8. No person who is a resident of an incorporated village in said Qnaiiflca- town shall vote under the provisions of the seventh section of this act, votewk unless be shall be the owner of land within said town, but without the corporate limits of such village, liable to taxation for highway pur- § 9. All business authorized by law to be transacted at any annual or Bnuness special town meeting, except such as is provided for under the preced- ^aSaacf. iog sections of this act, shall be transacted and performed by the board ed by of town auditors of said town, at any meeting of said town auditors, townaa- lawfully convened. ditore, § 10. Elections provided for by this act shall be held from sunrise to Elections sanset of the day of election, and all laws of this State relating or per- J^^ J^ taining to elections for State and county officers, so far as the same are rise to Bot inconsistent herewith, shall apply to elections held under the pro- ""^ visions of this act § 11. This act shall take effect immediately. Chap. 68. AN ACT to repeal part of chapter four hundred and ninety-five, relating to the building of a new bridge over Chambers' creek, and "making the present toll bridge over Murderers' creek, in the town of New Windsor (in Orange county), free," passed May fifth, eighteen hundred and sixty-three, and for other pur- U08%?o* Passed March 17, 1874; three-fifths being present. The People cf the State cf New Tork, repreeented in Senate and AeeenMff, do enact asfoUowa : Section 1. All of that part of th^ act entitled ^'An act to provide Repeal m for the building of a bridge over Chambers' creek, in the towns of jjjj}^^"®' Newburgh and New Windsor, in the county of Orange, and for making landj^ the present toll bridge over Murderers' creek, in the town of New Windsor, free," passed May fifth, eighteen hundred and sixty-three, so fiur as the same applies to the town of Highlands, in the county of Orange, is hereby repealed. r 88 LAWS OF NEW YORK. [Chap. 70. Boftidof § 2. The board of supervisors of fche county of Orauge, at their next ore to^*' Ai^nual session after the passage of this act, shall credit the amount of credit eer- all moneys apportioned to ana levied by them on the taxable inhabi- ^'ra to^' tants of the said town of Highlands, since the day of its organization g.^j of by said board, for repairs on the said Murderers' creek bridge, and to hinda. apportion the same, to be collected from the several towns mentioned in said act § 3. This act shall take effect immediately. Cliap. 69. AN ACT to amend an act entitled "An act to amend the Revised Statutes in relation to laying out public roads, and of public roads and of the alteration thereof in the town of Greenburgh," passed April fifteenth, eighteen hundred and fifty-four. Passed March 17, 1874; three-fifths being present. The People of the State of New Tork^ represented in Senate and AeaenMy do enact osfMowe: .Section 1. Section two of an act entitled "An act to amend the Revised Statutes in relation to laying out public roads, and of public roads and of the alteration thereof in the town of Qreenburgh,'' passed April fifteenth, eighteen hundred and fifty-four, is hereby amended so as to read as follows : Jorors, § 2. At the time and place mentioned, the town clerk of such town SoDAo? having received such notice that such jury is to be drawn, shall, in the Sresence of a justice of the peace or one of the assessors of the town, eposit in a box the names of all persons then residents of his town outside of the boundaries of any incorporated village in said town, and of all persons residents of any such incorporated village, and who are owners of land in said town outside of the limits of said village, and whose names ai*e on the list filed in said town clerk's office or those selected and returned as jurors, pursuant to article second, title four, chapter seventh, part third of the Bevised Statutes, who are not inter- ested in the lands through which said road is to pass, nor of kin to the Town owner thereof, and shall publicly, in the presence of such justice or drlwjuy. assessor draw therefrom tne names of twenty persons who shall be freeholders of the town, and shall make a certificate of such names and the purposes for which they were drawn, and shall deliver the same to the person asking for the survey. § 2. This act shaU take efiect immediately. Chap. 70. AN ACT to authorize the election of town auditors in the several towns of the county of Westchester, and to pre- scribe their powers and duties. Passed March 17> 1874; three-fiffchs being present. The People of the State of New Torky represented in Senate and AasenMj/f do emuA aefdUowe : Town M. SscTiox 1. In addition to the officers now authorized by law to be bo^oecved electetl at town meetings, there shall be elected in each of tne towns of QiAP. 71.] NINETY-SEVENTH SESSION, 89 the ooanty of Westchester^ at the next annual town meeting held after »t next the passage of this act, and annually thei^eafter, three town auditory nieet&. whose term of office shall continue during one year after their election, and who shall fomn the board of town auditors of the town for which they are elected. 1 2. All the powers conferred by law upon boards of town auditors, Powen and all duties required by law to l>e performed by such boards, in rela- of toirn^ tioB to the auditing and allowance of bills and claims afi^ainst towns, so MdUooi. iu- as applicable to said county, are conferred upon and uiall be required of the town auditors elected or appointed under and pursuant to this act § 3. Such town auditors shall be Toted for upon the same ballots as Town i^. other town officers, and the votes for such auditors shall be received how'rotod and canvassed, and their election shall be certified in the manner in for. which the votes for other town officers are received and canvassed, and their election certified, excepting, however, that only two of such audi* ton shall be voted for on each ballot, and the two persons having the Appoint- highest number of votes shall be declared elected as two of such auditors, "^^'^^' ■ad the person having the next highest number of votes shall be declared elected as the other of such auditors. § 4. No person shall be elected as such town auditor, or shall hold Qnaiiiio*. office as such, unless he is a freeholder of the town for which he shall ^Sfton. be elected, and no person so elected shall hold any other office in such town during the term |br which he is elected ; and if he shall accept an election or appointment to any other office in such town, he shall immediately cease to be a town auditor, and the vacancy in his office dball be supplied in the manner hereinafter re''^ ***•«• his n^lect or refusal to accept such offioe, the supervisor of the town in which such vacancy occurs mav appoint some suitable and competent person to fill such vacancy untirthe next annual town meeting there- after. g 6. All acts or narts of acts inconsistent herewith, so far as the same Repe«L tre applicable to the several towns in the county of Westchester, are hereby repealed. § 7. This act shall take effect immediately. Ohap. 71. AN ACT to amend an act passed April twenty-six, eighteen hundred and sixty-nine, entitled " An act for the election of a receiver of taxes and assesements for the town of -Cortlandt and village of Peekskill." Passed March 17, 1874; three-fifths being present The People cf the State of New Tork^ represented in Senate and AuenMpf do enact aefdUcme: SEcnoN 1. Section two of the act entitled '^An act for the election of a receiver of taxes and assessments for the village of Peekskill/' »0 LAWS OF NEW YORK. [CaAP. 72. passed April twenty-six, eighteen hundred and sixty-nine, is hereby amended so as to read as follows : Reoeiver § 2. The said receiver of taxes and assessments shall be elected on the wb^lto ^^y appointed for the annual town meetings in the several towns of tbe be elect- county of Westchester, in the year eighteen hundred and seventy-four, ^' and at each alternate town election thereafter, except when a vacancy shall occur in said office, in which case such vacancy shall be filled at Beeehrers. the next annual town election in said town. Such receiver shall be bowToted elected by the electors of the said town of Gortlandt, and shall be voted for on a separate ballot, and the result ai^ertained and declared in the Yacftnoy, same manner as in the case of other town officers of said town. Any pUed.^^ vacancy in the said office of receiver of taxes and assessments may be , . suppliiMi, until the election to fill such vacancy and the qualification of the person then elected, by a joint boai*d, composed of the supervisor and town clerk of the town of Cortlandt, and the president of the village of Peekskill. Such board shall be convened by the supervisor of the town of Gortlandt, on three days' personal notice of the time and place of meeting. § 2. This act shall take effect immediately. Chap. 72. AN ACT authorizing and empowering the board of direc- tors of the village of Saugerties, in the county of Ulster, to assess, levy and collect the sum of four thousand six hundred dollars, for the purpose of liquidating and dis- charging the indebtedness of said village. Passed March 18, 1874; three-fifths being present The People of the State of New Tork^ represented in Senate and AeaenMy, do encu.i asfoUotoa : Board of SECTioiiir 1. The board of directors of the village of Saugerties are JaSori"* hereby authorized and empowered, in addition to the money which they *ea%o\oYj are now authorized by law to assess, levy and collect, to assess, levy ana Stionai collect, from the property liable to taxation in said village, the sum of ^^w. ^^^^ thousand six hundred dollars, to be assessed, levied and -collected in the same manner and at the same tinie the next annual tax is assessed levied and collected. Mon^to § 2. The said money specified in section one of this act, when the'u^iit^ collected shall be paid to th^ t^*easurer of saidvvillage, and said board of ««»• directors shall liquidate and discharge, with the said moneys, the exist- indebted- ing indebtedness against the said village of Saugerties, said moneya to JJJS,*®*** be drawn fix)m the treasury in like manner as other moneys of said village are drawn. § §, This act shall take effect immediately. Chap. 73.] NINETY-SEVENTH SESSION. 91 Chap. 73. AN ACT to authorise the sale of certain lands and pre- mises situate in the city of New York, belonging to Nehemiah Denton and his issue. Passed March 20, 1874; three-fifths being present The People of the State of New Tork^ represefUed in Senate and Assembiy^ do enact osfoOxmB : Section 1. The Supreme Court of the State of New York is hereby certain anthohsecU upon the petition of Thomas Smith, committee of the per- JJ^ew*** 800 and estate of Nehemiah Denton (formerly Nehemiah Denton York city, Wiikins), as hereinafter provided, to order and direct a sale atid convey- JUS by aiice of the house and lot of land known as number eighty-two Cedar order of street, in the city of New York, in which lands and premises the said court™* Nehemiah Denton has a life estate, with remainder to his issue, accord- ing to the provisions of the last will and testament of Nehemiah Denton, late of the city of Brooklyn, in the State of New York, deceased, and which land and premises were conveved to Fiuncis Gross and Henry S. Wilkins, executors, and Janet Van tVyck (late Janet Denton), execu- trix of the will of Nehemiah Denton, deceased, by deed bearing date the fifth day of March, eighteen hundred and lifty-three. § 2. A copy of the petition of the said Thomas Smith, as such com- Copjrof mittee, with notice of the application for such sale, shall be served on Sfue ^rv. each of the persons in being who have or claim any interest or right in ^jj^^^ tlie said lands and premises, and if any of said persons are infants, such fnterest-^ service shall also be made upon tlieir guardian ; such notice shiirll be ®^' served at least eight days before the presentment of said petition. § 3. The court to which such petition shall be presented shall appoint Referee to a suitable person as referee, to take the proofs and allegations of the ^in^'d. parties in respect of the matters stated in such petition, and to report the same, together with his opinion thereon, to the court. § 4. If an order for such sale of the said land and premises shall be Tmstee to m^e, the court shall appoint a trustee to make the said sale, and to poi^^ed to execute, together with all the issue of the said Nehemiah Denton now conyey. iu being, either in person or by their legal guardians, if any of them shall be infants, a sufficient deed of conveyance of the said lands and premises. The said order shall also direct that such trustee shall receive order to and invest the proceeds and avails of said sale, and shall direct the man- vestment ner of such investment, the application of the income thereof, and the ^^''JJ- . security to be given by such trustee 'for the faithful discharge of his ^^^ * ^' duties and the safe-keeping of said proceeds; which proceeds shall Proceeds stand as the representative of the real estate so sold and conveyed, and JSe^cia" upon the death of the said Nehemiah Denton, shall be subject to the estate, like dispositions and limitations as under and in virtue of the will of said Nehemiah Denton, deceased, the said real estate would have been if it bad remained unsold. g 5. The said trustee shall invest tlie proceeds of the said sale in Proceeds, bonds or stocks of the United States or of the State of New York, or in ^^d! bonds and mortgages upon unincumbered real estate within the city of New York, whicii real estate shall be worth at least double the amount loaned thereon. i § 6. The deed of conveyance which shall be made by the said trustee i>eed» (or committee), and the issue of said Nehemiah Denton, as provided ^"'^^^ 92 LAWS OP NEW YORK. [Ohap. 75, in the last preceding section, according to the order of the Supreme Conrfc, shall be valid and effectual to ve^.iti the purchaser or purchasers at such sale an estate in fee simple absolute forever, and shall convey all right, title, interest or olaira whatsoever, in and to the said lancU and premises of all persons who can or may have any i-ightsor interests under the will of Nehemiah Denton, deceased, or as issue of Kehemiah Denton, formerly Nehemiah Denton Wilkins, or otherwise. § 7. This act shall take effect immediately. Chap. 74. AN ACT to authorize the city of Elmira to purchase lands for cemetery purposes, and to issue the bonds of the city in payment thereof, Passed March 23, 1874 ;. three-fifths being present. The People of the State of New York^ represented in Senate and Aeaembly, do enact ae foUowa : City may SECTION 1. The city of Elmira is hereby authorised and empowered Smdsfor ^ purchase for cemetery purposes, of Charles Heller, certain lands oemetery. adjoiuing Woodlawn cemetery, and not exceeding in amount forty acres. Common § 2. The common council of said city of Elmira is hereby authorized may issue ^^^ empowered to oause the bonds of said city to be duly issued to an bonds. amount not exceeding one thousand dollars for each acre purchased as herein above provided, the same to be known as cemetery bonds, for the sole purpose of paying the purchase price of the land aforesaid. Fonnof § 3. Such bonds shall be in such form and payable in such amounts whe^paj^ and at such times as the common council of said city of Elmira may able. direct, and upon annual interest, provided such bonds shall not be sold or disposed of by said common council for less than their par value. § 4. This act shall take effect immediately. Chap. 75. AN ACT to extend the time for the collection of taxes in the counties of Livingston and Richmond. Passed March 24, 1874 ; three-fifths being present TTie People of the State of New York, represented in Senate and AssenMp, do enact ctsfoUotos : CoUector SECTION" 1. If the Collector of taxes in any town in the counties of hU'bond Livingston and Richmond shall within ten days after the passage of Mithin ten (;|)ig net renew his bond, or give new bonds with suffioient sureties to the ^' satisfaction of the supervisor of the town in a penalty at least double the amount remaining uncollected under his warrant, such approval to coiieetor be in writing, and upon or attached to said bond, and shall within the o^er mo- ^^^ ^^^ V^7 cver to the treasurer of the said counties of Livingston neys to and Richmond, resnectively, all moneys that shall have been collected treMorer. by said collector and not heretofore paid over, the time for the collection Time for 01 taxes in said town and for making return thereof shall be extended 2gJJ552J until the first dav of May next § 2. This aot shall take effect immediately. Chap. 77.] NrNETY^EYENTH SESSION. Chap. 76. AN ACT to amend an act entitled ''An act to authorise corporations to change their names," passed April twenty-first, eighteen hundred and seventy. Passed March 24, 1874. Tie People of the State ii(5 places of the village in good order and repair and condition ; to ^^ construct culverts and drains; to make and i*epair all bridges which t^lid' maybe necessary within the bounds of the village; to regulate and ings, Ac. prescribe the width, line and grade of streets, avenues, lanes and side- improvo- walks ; to pave, plank or flag roads, crosswalk or sidewalks ; lay out ai)d roadl,^^ open new roads and streets; to widen, alter and change the grade or ^enaes, otherwise improve roads, avenues, streets, lanes and sidewalks; to drain stagnant waters, and to raise or fill up low grounds, if nuisance, and Assess- assess the expense thereof upon the property benefited, in proportion to ^penses. the amount of such benefit, and to regulate the water-courses, ponds and watering places in the village; to cause all necessary sewers to be built, and assess the expense thereof upon the property benefited in proportion to the amount of snch benefit The amount of the benefit m any case where the same is made the basis of assessment under this Froviso, . section, shall be determined by the president and trustees; p/ovided, however, that no propeiiy beyond the limit of one hundred and seventy- five feet from the line terminus of any such sewer shall be liable to assessment for the expense of building the same; and provided, also, that no sewer shall be constructed under the provisions hereof, except npon a written petition signed by a majority of the persons whose pro- perty shall be liable to assessment for the said expense. All Chap. 80.] NmETY^SEVENTH SESSION. 99 iKBta for the drainage of stagnant waters, the raising or filling np of Aasew- lov gronnds, or the building of sewers under the provisions of this seo- dni^J^ tkm, shall be enforced and collected in the same manner as assessments ^j^^ for the annnal Tillage tax. ennw©^. § 2. Subdivision thirteen of section three of said chapter is hereby amended so as to read as follows : 13u To construct and maintain reservoirs and cisterns, and supply Farther them with water for use at fires ; to protect and preserve property at KwSt.** fires; to establish fire limits, within the corporate bounds, by resolution of tiie bosund of trustees, deacribing. the same by metes and boundaries, which resolution shall be fifled in the office of the village clerk, and be posted in three public places within the corporate bounds, to prevent fires and provide for their extingnishment § 3. This act shall take effect immediately. Chap. 79. AN ACT to legalize and confirm the proceedings of the annual town meeting of the tovrn of Huntington, Suffolk county, held April first, one thousand eight hundred and seventy-three, authorizing the supervisor of said tov^rn to offer a certain revrard, and to provide for the payment of the same. Passed March 25, 1874 ; three-fifths being present 7%e People of tJie State of New York, represented in Senate and AasenMyy do eruuA asfdUowe : SEcnoiif 1. The proceedings of the annual town meeting held in the oflTer or town of Huntington, Snffolk connty, on the first day of April, one S^JEU. thousand eight hundred and seventy-three, whereby the supervisor of said town was authorized to offer a reward for the recovery of the body of Charles O. Kelsey, in behalf of the town of Huntington, and the subsequent reward offered by said supervisor for such recovery, are hereby legalized and confirmed. And the board of supervisors of the Amount said county of Suffolk is hereby authorized and directed, at its next ^S&^S^ annual session, to cause to be raised upon the taxable property of the ^p^^*^ ^® said town of Huntington, in the same manner as other town charges HonUiiff- are raised, the sum of sev^n hundred and fifty dollars for the purpose of ^''* paying the said reward, as advertised by the supervisor of said town. § 2. This act shall take effect immediately. Chap- 80. AN ACT to authorize a tax for fire purposes in the village of Greene, Chenango county. Passed March 25, 1874 ; three-fifths being present. The People of the State of New Tork^ represetUed in Senate and AseemUy, do ena(A a^ fdttowa : Sechok 1. The trustees of the village of Oreene, Chenango county, aie hereby empowered to levy a tax of five hundred dollars, for the year 06 LAWS OF NEW YORK. [Chap. 824 eighteen hnndred and flerenty-fonr, in addition to the amonnt bow authorized by law to be raised, to be applied for the payment of present indebtedness and to purchase hose and other apparatus for said Tillage. Said tax shall be assessed aud collected as other yilliu^e taxes are levied and collected, upon the taxable property of said TiUagCi and applied only to the purposes herein specified. §^2. This act shall take effect immediately. Bawd of education tooertity MDvnnt. ▲monnt ■o eorti- fled to be by com- mon eonneiL Chap. 81. AN ACT to authorize the board of education of the city of Ogdensburgh to borrow money for school purposes. Passed March 25, 1874; three-fifths hei^ig present* The People of the State of New Tork, represented in Senate and AeaenMy^ do macA asfdUofhos : Sectiok 1. The board of education of the city of Ogdensburgh is hereby authorized to borrow, on the credit of the said l^ard, the sum of three thousand dollars. § 2. The money so borrowed shall be deposited with the treasurer of the said board of education, to the credit of the teachers' fund. § 3. The said board of education, on or before the first day of May, eighteen hundred and seventy-four, shall certify to the common council of the city of Ogdensburgh the sum of money necessiury to be raised for the purpose of paying the said loan and the legal interest thereon^ and the said common council, in addition to others* moneys raised in the year eighteen hundred and seventy-four, for school purposes, on the taxable property and corporations in the school district under the charge of the said board of education, shall assess and collect the amount so certified, and the same, when collected, shall be paid to the treasurer of said board, and be by him applied in payment of the said loan and interest. § 4. This act shall take effect immediately. Chap. 82. AN ACT to repeal chapter five hundred and eighty-eight, laws of eighteen hundred and seventy-three, "An act to establish a commission in and for the city and county oi New York, to be known and designated as the com- mission of charitable correction, and to define its powers and jurisdiction,'* passed May twenty-two, eighteen hundred and seventy-three. Passed March ^, 1874; three-fifths being present. The People of the State of New Tork, represented in Senate and Assembly y do enact as follows : Skction 1. Chapter five hundred and eighty-eight, laws of eighteen hnndred and seventy-three, ''An act to estaolish in and for the city and • So in original. Ck4P.83.] NINETY^SEVENTH 8ESSIDN. 97 eoentj of Kew York a oommission^ bo be known and deeignaled as the cvmrainoii oi charitable oorrection, and to define ite powers and juris- diedon," is hereby repealed. § 2. This act snail take effect immediately. Chap. 83. AN ACT to amend an act entitled *'An act authorizing the town of Leicester, in the county of Livingston, to purchase additional land to enlarge their burying ground near the village of Moscow," passed April twenty -seven, eighteen hundred and sixty^nine. Passed Maroh 25, 1874 ; three-fifths being present 1%e People cf the State of Neto York^ represented in Senate and AteenMy^ do enact €m foUaws : SEcnoK 1. The trustees authorized by and elected under the act Trustees hereby amended, shall have full power and authority to sell in i)erpe- tenT'Sfiy taity by certificates of such sale, duly signed by them, such reasonable sSliotoin. B»d lots or plots of ground as they may select and designate, to indi- Tidaals or families, residents of saia town, to be held by them as snch indiridnals or families, as burial places for their friends and relatives exclu^vely, and any such conveyances or sales heretofore made by them are hereby declared to be valid. All moneys heretofore I'eceived, or Moneys. hereafter collected and I'eceived by the said trustees shall be devoted to Jpji^, the care, support, maintenance and adornment of the whole of such cemetery, and in no case shall be diverted or applied to the improve- ment or adornment of any particular lot without the consent and approbation, and under the supervision and control of all said trustees. § 2. The trustees shall expend all moneys which may come to their Care and hands, whether by the sales of lots in such cemetery, or by vote of the men?of town, to be raised and paid over to them for such purposes, by vote of ©©metery. the inhabitants authorized to vote at any town meeting of such town, in the protective care, repai*ation and adornment of such cemetery, by building a dead-house, laying out, grading and improving roads, walks or avenaes therein, and making any and all improvements incident to and neoessai'y for a cemetery. § 3. The trustees shall give and ^rant to the proprietors of any pri- Owners of vate burial lot in such cemetery, full privilege to ornament and arrange o^ament such lota in such manner and way as they may desire, both as to mouu- subject to menta, trees, shrubs and flowers, subject to the supervision and manage- ion? ^ ment of such trustees, so far as regards the grade of such lots and the trustees. . interference of such ornamentation upon the general interests of such cemetery ; this provision, however, to be restricted by the prohibition of Bestrio. the inclosure of 8ing:le lots, except by either iron or stone fence not {SSoXig* exceeding three feet in height, to be built and erected within the bounds ^oxbJ^ of said lot, and under the supervision tod subject to the approval of sud trustees. % 4. This cemetery is declared a public place, subject at all times to Cemetery a free access by all people, liable, however, to such police rules and » pSSfc r^alations as the trustees may make for the preservation of order and place, the protection of the property under their charge. § 5. The trustees may appoint one of their number their secretary Trustees and treasurer, to hold such office until duly removed therefrom by their J^UtT 98 LAWS OF JIEW; YORK. [Chap. 84. secretary own action, and it shall be their duty at each town meeting of such town nrer!^^ of Leicester, to make and deliver to the supervisor of said town, in Beport writing, a full and perfect report of all their acts and doings, including a iiill and perfect statement of all their receipts, whether from the sale of lots in said cemetery or from a tax upon the tax-payers of said town, and their expenditures in items, verified by their oath and approved by the town auditors of said town. § 6. Any part of the act hei*eby amended inconsistent with this act is hereby repealed. § 7. This act i^hall take effect immediately. Chap. 84. AN ACT to extend the powers of the EUenville Glass Works, and to authorize the said glass works to borro^r money and to secure the same by a mortgage upon all their property, real and personal. Passed March 27, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and AesenMp^ do enact as toUoioe : Corpora- SECTION" 1. The Ellenville Glass Works (an incorporation located orSed^to ^^d doing business at Ellenville, in the county of Ulster) are hereby borrow authorized to borrow money from time to time, as they shall need the and^2nae Same in the conduct of their business, and to issue and dispose of the bonds. bonds of such corporation for an amount not to exceed one hundred and fifty thousand dollars, payable at such time or times, and bearing such rate of interest not exceeding seven per cent, per annum, as the Consentof trustees of such corporation shall deem best ; provided, that the consent eni'requi- *^ writing of the stockholders representing at least two-thirds of the site. amount of stock of said company shall first be obtained ; and the trnstees Trnat of the Ellenville Glass WorKS may make and execute to one or more mortgage. pe^gQug^ j^ trust, a mortgage upon all the real property of the said cor- poration, and all the tools, fixtures, steam engines and boilers, apparatus, and all personal property which is used by the said corporation in their manufacturing business, to secure the payment of the said bonds issued as herein provided, which mortgage, when issued and recorded in the office of the clerk of the county of Ulster, shall be a lien upon all the said property of said corporation, as above authorized to be mortgaged, until the said bonds shall be fully paid. TmBtee § 2. Whenever any default shall be made in the payment of the mortgaM nio"6ys sccured by the said bonds, or any part thereof, then it shall be mayto^ lawful for the person or persons named as trustee or trustees in said cioM. mortgage to foreclose the said mortgage, and apply the proceeds (after deducting the costs and expenses of such foi^eclosure) to the payment of such bonds pro rata, except that if such default be in the payment of interest only, then such foreclosure shall not take place unless such interest shall remain due and unpaid for the space of sixty days. ^ § 3. This act shall take effect immediately. Oup-SS.] NINETY-SEVENTH SESSION. 99 Chap. 85^ AN ACT to consolidate the corporations known as The Congregation Anshi Chesed and The Temple Adas Jeshurun into one corporation, to be known as " The Temple Beth-El." Passed March 27, 1874. The People of the State of Neto Yorky represented in Senate and Ase&nUy, do enact a^foUcnjos : Section 1. The two corporations or religious societies in the city of Corpora- New York, known as the "The Congregation Anshi Chesed'^ and 2d°* •*"**• *The Temple Adas Jeshnrnn," are hereby consolidated into and created ODe body corporate or religions society, under the name and title of *The Temple Beth-El/' with the same powers, and subject to the same proTisions, as if it had been duly incorporated under the general act of this State relating to religious societies. § 2. A general election for trustees of said society shall be held on Election the filth day of April next, and until such election shall be had, Simeon tobe^held? Gnhnan, Simon Herman, Daniel Rindskopf, Nathan Asiel, Bernard who to be Schleest^in, Ferdinand Kurzraan, Levi Goldenberg, Marcus Berliner, {J2|^.°* and Jacob M. Stine, shall be the trustees of said society, with all the time. powers and privileges, and subject to all the proyisions contained in the laws of this State, relative to religious societies. § 3. The acts of the trustees of the congregations Anshi Chesed and Acts of Temple Adas Jeshurun respectively, in relation to the union of the said JSfaed! oongr^ations, and the transfer of their property, real and personal, to the corporation hereby ci'eated, are hereby ratified and confirmed; andnueto the said corporation " The Temple Beth-El " is hereby vested with and P«>pert7. declared to be seized and possessed of all the estate and property, real and personal, of the said corporations ''The Congregation Anshi Cbea^ " and '* The Temple Adas Jeshurun,^' as fully and effectually as if the same had been duly conveyed by deeds from the said last-named corporations to the said '' Temple Beth-El." 1 4. Nothing herein contained shall impair the lien of any mortgage, Rights of judgment, or other charge, now existing upon the property referred to Sot*affTOt- in the third section hereof, nor the rights of any creditor of either of ed. the congregations hereby consolidate ; but all such claims shall be valid, and may be prosecuted against the corporation hereby created, to the same extent as if said debts or liabilities had been contracted or bearred bv it. § 5. Nothing herein contained shall affect any action or proceeding Pending BOW pending against either of said corporations; but all sach actions jj^i^^i. and proceediogSy may, on motion, be continued against the corpoi-ation ed. hneby created by its name of '' The Temple Beth-El/' and such corpo^ ratioii shall be liable to the same extent as was the corporation against which such action or proceeding was first instituted. § 6. This act shall take effect immediately. lOO LAWS OF NEW YORK. [Chap. 86. Corpora- ton. OUIeots of coi*po- ration. Gonstitii- tfon, by- laws and regnla- tiona. Powers of corpora- tion de* fined. AlDiirs, by wliom to be man- aged. Preeent oillccrs to hold nntil BQCcessors areclio- uoa. Prerlona vacancy, howfllled. Chap. 86. * AN ACT to incorporate The Butter and Cheese Exchange of New York. Passed March 27, 1874. The People of the 8tate of New York, represented in Senate and AssemUp, do enact asfoUotos : Section 1. The members of The Butter and Cheese Exchange of New York, of whidh Walter S. Fairfield is president, and Joel D. Hunter^ John M. Webb, Mancelia Folsom and fi. S. Doty are vice-presidents, and Henry N. Morgan, treasurer, and all persons who shall hereafter be sssociated with them under the provisions of this act, are herebv created a body corporate under the name of The Butter and Cheese Exchange of New York. The said corporation shall have perpetual succession, with power to sue and be sued, to make and use a common seal, and alter the same at pleasure. § 2. The objects of said corporation shall be to provide and regulate a suitable room or rooms for an exchange in the city of New York; to foster tmde; to protect it against unjust or unlawful exactions; to reform abuses ; to diffuse accurate and reliable infoimation ; to settle differences between members, and to promote among them good fellow* ship, and a more enlarged and friendly intercourse. The said corpora- tion shall have power to make and adopt a constitution, by-laws, rules and regulations for the admission, government, suspension and expulsion of its members; the collection of f^es and dues; the number andelec* tion of its officers, and to define their duties for the safe-keeping of its property and management of its affairs, and, from time to time, alter, modifv and change such constitution, bv-laws, rules and I'e^ulations, provided the same be not contrary to the laws of the State of New York, or of the United States. § 3. Said corporation shall have powei* to acquire, by lease or purchase, a suitable building, library and furniture, for the use of the corporation ; to boiTow money for such purposes and issue bonds therefor, and to secure the same by mortgage; and generally to acquire and take by gift, purchase, devise and bequest, subject to the provisions of the law relat- ing to devises and bequ/sst, by last will and testament or otherwise, real and personal property to an amount not exceeding five hundred thou- sand dollars; and to hold, sell, convey, lease and mortgage the same, or an^ part of such real and personal property, as may be necessary for the objects and Carrying into effect the purposes of such coiiK>ration. § 4. The property, affairs, business and concerns of the corporation hereby created shall be managed by the president, the four vice-presi- dents, the treiisurer and nine members of the exchange, who together shall constitute an executive committee, to be elected annually at such time and place as may be provided by the by-laws; and the present officers of said exchange, at the time of the passage of this act, shall continue to hold their respective offices as officers of this corporation, with the powers and duties prescribed therein by the constitutipn and by-laws of said exchange, until their present term of office shall expire and their successors be elected and installed, and in case of any previous vacancy among such officers it shall be filled in the manner prescribed by the constitution and by-laws already adopted by said exchange, or as the same may, in conformity therewith, be altered or amended by this Oup.86.] NINETT-SEVENTH SESSION. lOl eonomtion ; and the present constitntioD and hj-hf^a of said exchange constita- ihui be the oonstitntion and by-laws of said barpt^ration, until so ^^ .^/^^ amended or altered by said corporation. All yacancies-yiiioh may occur vscanciet JB ttesaid execative committee^ by death, resignation or'oUi^f wise, shall yve^l^Mn^ be filled by said execntive committee, and a majority of the ii^i;^1;H^r8 of P^^^^a^^ SQch execatiye committee shall constitute a quorum for the tiai;r6action ^^ ofbnaness. ^'^ / . §5. The execntive committee shall annually elect by ballot e3gl>t ^^emmit- members of the exchange, who shall not be members of the executive gjjqf^!^'*'' committee^ and appoint four members of the executive committee, who, -*;*«•; together, shall constitute a committee of twelve, to be known and styled '"" - ; tte committee of arbitration of the Butter and Cheese Exchange of New York. The members so elected and appointed shall thereupon classify Memben, theBOselTes by lot into four classes, of three members each, in such man- £12^?^^ ner that each class shall have one of the four members appointed by the execntive committee, who shall be chairman of such class, and each class Qnarteriy to dfifignated shall constitute a quarterly committee of arbitration, to ^J"Jf ^. serve at snch times as provided by the by-laws already adopted iby said bitratioii. exchange, or as the same may be altered or amended by this corporation. The execative committee ma^, at any time, fill any vacancy or vacancies tiiat may occur in said committee, for the remainder of the term in which Qie Bsme shall happen. I 6. It shall be the duty of said quarterly committee of arbitration Dntiesof to near and decide, at theearliest moment, any controversy which may te«^^*^. ■rise between the members of the said corporation, or any person claim- bJtration. ing hjy through or under them, and as may be voluntanly submitted to said quarterly committee for arbitration ; and such members and Contro- tenons may, by an instrument in writing, signed by them and attested ^^*§| y a snbficribinff witness, agree to subpiit to the decision of such com- submitted mittee, any such controversy, which might be the subject of an action mifto?of at law or in equity, except claims of title to real estate or to any interest JJ^**^** tlierein, and that a judgment of the Supreme Court shall be rendered upon the award made pursuant to such submission. % 7. Snch quarterly committee of arbitration shall have newer to May appoint a time and place of hearing of any snch controversy, anu adjourn timeiind me flame from time to time, as may be necessary, not beyo^ the day ^*^^' fixed in the by-laws for rendering their award, except by consent of * ** iiarties; to issue subpoenaes for the attendance of witnesses residing or being within the counties of New York, Bichmond and Kings. All the provisions contained in title fourteen, part third, chapter eight of May oom^ tiie Revised Statutes, and all acts amendatory or in substitution thereof, Sanoe^' relating to issuing attachments to compel the attendance of witnesses, JJ^'^^^. diall apply to proceedings had before the said arbitration committee; mW vitnasBes so subpcenaed as aforesaid shall be entitled to the fees pre* scribed by law for witnesses in the courts of record pf this State. S 8L It shall not be competent for any number less than the full Award, number of said quarterly committee, to hear the proofs and allegations Soom*^ eftbe parties, and an award by a majority of said quarterly committee nuttee diall he deemed the award of the committee of arbitration, and shall be mate. Talid and binding on the parties thereto. Such award shall be made in Award writing, subscribed by the members of the committee concurring therein, writSn?.^ tad attested by a subscribing witness. Upon filing the submission and Jodsr- sward in the office of the olerk of the Supreme Court of the city and ^tered^ ooantj of New York, both duly acknowledged or proved in the same °p^ manner as deeds are required to be acknowledged or proved in order to *^ lie recorded, a judgment may be entered therein according to the award, 84: LAWS OF NEW YOEK. [Chap. 6i fernr across Lake Ohamplain, from the land or farm of the said Olarl P. Ives and others, at Port Marshall in said town of Ticonderoga, to tl Term of. town of Orwell, in the State of Vermont, for the term of ten years, to computed from the passa^ of this act. Feny to § 2- If the Said Clark r. Ives, his heirs or assigns, shall set np a fei wiuiin^^ as aforesaid within the period of one year from the passage of this acl oDoyear. it shall be his and their duty, and he and they are herebj^ required dui Suitable ing the time aforesaid, to keep, maintain and support suitable and 8af)| bomtotobo ^^^^ boats. Capable and sufficient for carrying carriages, horseB, cattll provifi^ and passengers, and readv at all reasonable times and seasons to trani ^ port and ferry across said lake persons, goods and chattels. Comtv § 3. The county court of the county of Essex shall and may, an^ flx^rates hereby is directed, annually during the continuance of this act, in tb( offerriage month of January to order, direct and determine the several rates *^^ ^' ferriage, and hours of the day that boats shall be kept in reading belonging to said ferry. Ponait]r g 4. If the Said Clark P. Ives, his heirs or assigns, or any ferryman or inff*or*ro. other persou employed by them, shall take, exact or receive any greater m inif ^^ higher rates of ferriage, for transporting goods and chattels, passen- femage. gers or other property whatsoever, tnan shall be allowed by the provi- sions of the next preceding section of this act, the person or persons so offending shall forfeit ana pay for every such oflEense the sum of five dollars, to be recovered with costs of suit, before any justice of the peace within the county of Essex, by the party aggrieved. No com. § 5. If any other person or persons stall, within ten years after the ferry to bo P*883»ge of this act, Set up, keep or maintain any ferry, or shall carry Mtnp or ti*ansport any person, goods or chattels for hire or pay across said oDo mile, lake, from any place on the west side or shore of the same within one mile north or south of the now dwelling house of Charles Stewart, situated on the southeast corner of said farm, every such person or per- Ponaity. SOUS shall, for every such offense, forfeit and pay the sum of five dollars, to be recovered with costs of suit before any justice of the peace in the Peraons county of Esscx, bv the party aggrieved ; provided, that nothing in this Sefr'own *^* Contained shall be deemed or taken to prevent any person or persons boats. who reside within the limits aforesaid, and adjoining the said lake, from the right of making use of their own boats and transporting themselves and property across the same at their pleasure. When § 6. If at any time hereafter, it shall appear upon sufficient evidence ibi^itedf to the county court of the county of Essex, that the said Clark P. Ives, his heirs or assigns, shall willfully and knowingly neglect to comply with the directions or restrictions of this act, in keeping and maintain- ing the ferry as aforesaid, said court shall adjudge and declare that all the privileges granted to them by virtue thereof, shall cease and be of no effect § 7. This act shall take effect immediately. (SuF.88.] NINETY-SEVENTH SESSION. lOil Chap. 88. AN ACT to enable Long Island City to sell real estate. Passed March 21, 1814 ; three-fifths being pteeent. T%e People cf the State of New Fork, represented in Senate and AiueaMy^ do enact as foUotos : SEcno^ 1. The mayor and common council of Long Island City are Major coin< hereby authorized and empowered to sell at public or private sale any mon lots or parcels of real estate, which have been purchased and acquired oooncii by said city through the board of water commissioners of said city, for bed to the purposes of a water supply, and which may be deemed not to be Jj£^[J*^ immediately necessai*y for such purpose. g t Such sale or sales may be made, by and under the direction of sales, by tb« said board of water commissioners, by a majority vote of said board, 2lf*Jow after adoption of a resolution or ordinance of approval of such sale or made. »les by a two-third vote of the boai'd of aldermau* of said city, such leaolntion or ordinance to be duly approved and signed by the mayor. § 3. None of said lots or parcels shall be sold at a less price than the price, proportionate price paid for the same by the city, and accrued interest thereon. Upon due delivery of the deed of conveyance therefor, pay- payment, ment shall be ;pade to the city therefor, by the purchaser or purchasers, ^^^ either in money or in bonds of Long Island City at par and accrued ™ interest, issued for procuring a water supply for said city, under chapter four hundred and sixty of the laws of the State of New York of eighteen hundred and serenty-one § 4. The said lots or parcels of land shall be conveyed to the pur- Deed, chaser or purchsxsers thereof, in fee simple, by deed or deeds of convey- JS^d** aoce of the said city, to be executed and delivered under the common seal of the city and the signature of the mayor; and the consideration ProceedB, Kceived for the same in money, or in bonds as aforesaid, shall be part SSJowd* of the fund for procuring the water supply for said city, and shall be of. received by the mayor for said city and delivered into the control of the board of water commissioners for the purpose aforesaid, and any of said bonds so received may be sold and negotiated for the purpose aforesaid, the same as if the same had been never before issued or negotiated. § 5. The certificate of the president of the board of alde^na^♦ and of certu. two members of the board of water commissioners, duly signed and ^JJliJent acknowledged, shall be conclusive evidence to the purchaser or pur- S> be evi- chasers of due approval and authorization of the mayor and common **«*®®- oooncil and of the board of water commissioners, under this act, of the sale or sales of such lots or parcels of lai^d, and shall be entitled to.be noorded in the same manner as conveyances of real estate. § 6. This aot shall take effect immediately. • So in ori|i^nal. 104 LAWS OP NEW YORK. [Chap. JK)- Chap. 89. AN ACT to amead chapter seventy-one of the laws of eighteen hundred and seventy-four, entitled '*An act to amend an act, passed April twenty-sixth, eighteen hundred and sixty-nine, entitled ^An act for the election of a receiver of taxes and assessments for the town of Cortlandt, and village of Peekskill/ " Passed March 21, 1814 ; three-fifths being present. The People of the State of New York^ represented in Seiyite and Assembly^ do enact as fdUotoe : Section 1. Section one of chapter seventy-one of the laws of eighteen hundred and seventy-four is hereby amended so as to read as follows: Section two of the act entitled **An act for the election of a receiver of taxes and assessments for the town of Cortlandt and village of Peekskill," passed April twenty-sixth, eighteen hundred and sixty-nine, is hereby amended so as to reaa as follows: ]Etoo«iTer g 2. The said receiver of taxes and assessments shall be elected on the for town ^^7 appointed for the annual town meetings in the several towns of iM^^d *^® county of Westchester, in the year eighteen hundred and seventy- viiUflro of four, and at each alternate town election thereafter, except when a ufbe*^ vacancy shall occur in said oflSce, in which case such vacancy shall be elected, filled at the next annual town election in said town. Such receiver Toted ibr shall be elected by the electors of the said town of Cortlandt, and shall rotelMS^ ^ voted for on a separate ballot, and the result ascertained and declared lot. in the same manner as in the case of other town* officers of said town. ^ Tacaney. Any vacancy in the said ofiice of the receiver of taxes and assessments pSI^!"**" naay be supplied until the election to fill such vacancy and the qualifi- cation of the pei-son then elected by a joint board, composed of the supervisor and town clerk of the town of Cortlandt, and the president of the village of Peekskill. Such board shall be convened by the supervisor of the town of Cortlandt^ on three days' personal notice of the time and place of meeting. § 2. This act shall take effect immediately. Chap. 90- AN ACT relating to the court of general sessions in and for the city and county of New York. Passed March 21, 1814 ; three-fifths being present The People of the State of New Tork^ repreeented in Senate and AesenMy^ do enact as follows : cierkB Section 1. The clerk of the court of general sessions in and for the he^p- <5^ty *^d county of New York shall have power to appoint one deputy pointed, clerk as now provided by law, and one assistant clerk, and shall be SaiMiM. responsible for the faithful discharge of their duties. The clerk of the court of general sessions shall receive a salary of five thousand dollars per annum, and the deputy clerk shall receive a salary of three thou- CkAP. 92.] NDJETY^EVENTH SESSION. 105 id doUars per annum, and the asaistantclerk, appointed by him, shall leeeive a salary of three thonsaud dollars per annum, and' the comp- trollef of the city of New York is authorized and directed to pay such derk, d^uty clerk, and assistant clerk such salaries in monthly install- meats oat of the county treasury. The assistant clerk so appointed shall pooscflo the same powers as the deputy clerk of said clerk. §2^ All acts and parts of acts, inconsistent with the provisions of Bep«ai. this act are hereby repealed. § 3. Thia act shall take effect immediately. Ohap. 91. AN ACT for the proteetion of fish in Queechj lake, in Canaan, Columbia county. Paaaed Maidi 21, 1814 ; three^-fifths being present. The People of the State of New Torkj represented in Senate and AseemUyj do enact as fcUows : Section 1. It shall be unlawful for any person to fish or to take any Ko flsh fish, by any means whatsoever, out of the waters of Queechy lake, so ^^^ i^ called, situate in Canaan, in the county of Columbia and State of New ^bree York, at any time within three years after the passage of this act ^^^' g 2. It shall be unlawful for any person to fish or to take any fish, by None af. any means whatsoerer, out of the waters of said Queechy lake after the wUh?^ term of the said three yearq shall have expired, except with hook and «&dUne. line. § 3. Whoever shall violate any of the provisions of this act shall for- Penalty, feit for each offense the sum of twentv-five dollars, and in default of the payment of said sum of twenty-tve dollars, shall be imprisoned in the county iail for the term not exceeding thirty days* 1 4. Any person may bring and prosecute an action for the recovery Action, of the forfeiture imposed by this act before any justice of the peace in brooghT add county of Columbia, and, if judgment be obtained, he shall be entitled to one-half of said penalty; the other half to go to the support of the poor of the town of Canaan. § 5. This act shall take effect immediately. Chap- 92. AN ACT to authorize the village of Jordan to borrow money upon its corporation notes or bonds, to purchase a steam fire*engine and necessary fire apparatus for the use of said village, and to levy and collect a tax for the payment of the same. Passed March 27, 1874 ; three-fifths being present. T^e People of the State of New Torkj represented in Senate and Assembly^do ena^st as follows : SBcrrox 1. The board of trustees of the village of Joi*dan, in the Trustees county of Onondaga, and State of New York, is hereby authorized and Ji'Sfow empowered to borrow a sum of money not to exceed three thousand monej to 8 106 LAWS OF NEW YORK. [Chap. 9«. Borchaae dollars, for the purpose of purchasing a steam fire-engine and necessary |i2^^ fire apparatus, for the use of said village, and to issue therefor the Notes or promissory notes or bonds of said Tillage, signed by the members of the ^jhe ^o^^ o^ trustees, payable in three equal annual installments fro^ and iaeoed. after the year one thousand eight hundred and seventy-four, with annual interest at a rate not exceeding seven per cent per annum. TnuteoB § 2. The Said board of trustees of the village of Jordan is hereby JSTannoiS further authorized, and it shall be lawful for them, to raise by tax to be Ukxto levied and collected on the taxable property of the inhabitants of said mratof '^^' village of Joi*dan, the same as the corboration tax of said village is now, or has heretofora been, levied and collected, for the purpose of paying and taking up the said corporation notes or bonds provided for in sec- tion one of this act, the annual sum of one thousand dollars, and interest on the said snm of three thousand dollar^ or so much thereof as shall remain unpaid at the time of the annual payments, as hereinbe- (ore stated, until the same shall be paid in full, and said corporation notes or bonds shall have all been taken up, paid and discharged. Vote of g 3. The loan authorized by the first section of this act shall not be en nocM- made by the said trustees of the village of Jordan, until after the same ^^' shall have been authorized by the affirmative vote of a majority of the tax-payers of said village in the same manner as other moneys are TrastoM authorized to be raised for village purposes, and to determine said ques- 2^1^ tion, a special meeting of the tax-payers of said village may be called by meeiinflr. the trustees thereof, by notice published three weeks successively in anv newspaper published in said village fixing the time and place of such meeting. § 4. This act shall take effect immediately. Chap. 03. AN ACT to extend the time for the collection of taxes in the town of Catskill in the county of Greene. Passed' March 27, 1874 ; three-fifths being present The People of the Stale of New Tork^ represented in Senate and AasenMyy do enact ae follows : Section 1. The time for the collection of taxes in the town of Cats- kill, in the county of Greene, is extended to April fifteen, eighteen hun- dred and seventy-four; provided, however, that the collector of taxes in the said town, shall pay over all moneys collected hy him, and renew his official hond to the satisfaction of the supervisor of said named town, within five days after the passage of this act, so as to insure the faithful performance of his official duties during the extension aforesaid. § 2. This act shall take effect immediately. Chap. 95.] NINETY-SEVENTH SESSION. 107 Chap. 94=. AN ACT to enable Maria Fauss, widow of Frederick Pauss, to take and hold real estate, and to release to her the interest and title to laYid escheated to the State. Passed March 21, 1814 ; by a two-thirds vote. 77^ People of the State of New Tork, repreeettted in Senate and AseembUf^ do enact as fclUowa : SBcnoK 1. Maria Panes, widow of Frederick Panss, deceased, for- Lancu merlj of the city of New York, is hereby authorized to take, hold and '^veuud diqwee of all lands and real estate situate, lying and beiu^ in the city in Maria of New York, State of New York, of which the said Frederick Pauss, ^*'***- formerly of said city, died seized, or of which he was the legal or equit- able owner at the time of his death, the same in all respects as if the aid Maria Paass was then capable of taking the same as an heir at law. And all the property, interest and title which the People of the State of New York have acquired by escheat, of, in and to said property of the said Frederick Panss, deceased, are hereby assigned and releas^ to and vested in said Maria Pauss, widow of said Frederick Pauss, and her heirs and assigns forever, to take, hold and dispose of the same in all respects as if she were the lawful heir at law of the said Frederick Pauss, deceased. § 2. Nothing in this act contained shall be so construed as to affect omatrae- the ri|^ht of any heir, devisee or purchaser, or of any creditor, by mort- ^^' gage, judgment or otherwise, relating to said real estate. g 3. This act shall take effect immediately. Chap. 95. AN ACT to extend the time for the collection of taxes in the towns of North Hempstead and Oyster Bay, in the county of Queens. Passed March 27, 1814 ; three-fifths being present The People of the State '• section, be deemed gniity of a misdemeanor, and upon conviction thereof shall be liable to a line not exceeding five hundred dollars, or to an Pmiaitr. nnprisonment in the county jail for a period not exceeding six months, or to both snch fine and imprisonment, in the disci*etion of the court before which such conviction shall be had. The board of education Deposi- shall require from any depository designated by them for the deposit of J^JJ^^^ inch school moneys, a bond in such amounts and with such sureties as shall be approved by the president of the board of education for the safe- keeping of such school moneys, and the payment of the same as required vpoQ the orders of the said ti-easurer and tax receiver, and which said bond shall be renewed whenever required by said board of education. Soch bond shall be made payable to the mayor and common council of Bond to the city of Auburn, and filed in the office of the clerk of said city, and ^® ^®^- soit shall be brought thereon by said mayor and common council for SnH any deficiency in complying with any of the conditions thereof, whenever *'**''*<>"• nquested by resolution* of said boarcl of education. I ^ This act shall take effect immediately. Chap. lOO. AN ACT providing for the appointment of additional notaries public. Passed March 31, 1874; thi-ee-fifths being present The People of the State of New Tork, represented in Senate and ^ssemtiy, do enact asfollmos : Sxcnoiir 1. The Governor is hereby authorized and empowered, by ind with the consent of the Senate, to appoint in each county, notaries Mblic equal to ten for each Assembly district, in addition to the num- ber now provided by law; provided, however, that in each county 116 LAWS OF NEW YORK, [Chap. 101< which is a single assembly district, the additional number of notaries public be fifteen. § 2. This act shall take effect immediately. Annnal election for village oflioers, when hold. Kotlee of all elec- tions to be riven by GTOsteee. Trnitew, their datiee. Certil!- Cftte. Whenand whore filed. Spcoiiil eieotlons. Erpendl- tare of money. Chap- lOl. AN ACT in relation to the village of Hempstead in the county of Queens. Passed March 31, 1874 ; three-fifths being present. The People of the State of New Tork^ represented in Benate and Assembly^ do enact asfdlUms : Sectiok 1. The annual election for Tillage officers of the village of Hempstead, in the county of Queens, shall be held on the first Tuesday of March in each year, from* the hour of twelve o'clock noon, until the hour of seven o'clock in the evening, during all which time the polte shall be open. Notices of all elections, specifying the officers to be elected, shall be given by the board of trustees at least eight days before such elections, by posting the same in at least six public and conspicQ- ous places in the village, and by publishing the same in all the news- papers, if any, in said village, in which notices shall be designated the place in the village where the polls will be held, the day and hours of holding the elections, and the officers to be chosen. The trustees of said village shall act as inspectors of all elections under this act, and it shall be the duty of all such trustees to attend for that purpose; bat an election held before a majority of them shall be valid. Immediately after closing the polls, the inspectors shall proceed to canvass the votes taken at such election, shall openly declare the result, and sliall make and subscribe a certificate of the canvass, which shall show the whole number of votes cast, and the number given for each person voted for. The persons eligible and having the greatest number of votes shall be declared duly elected. The certificate shall be filed with the clerk of the board of trustees within two days after the election^ and remain a public record of the village. § 2. All special elections shall be held under the same rules and reg- ulations, and duriug the same hours as fixed for holding the annual elections. But no question involving the expenditure of money, or the alienation of property shall be introduced after two o'clock in the afternoon of the same day, or without ten days' public notice of the contemplated expenditure or alienation. § 3. All acts or parts of acts inconsistent ^ith this act are hereby repealed. § 4. This act shall take effect immediately. CtaAP. 108.J NINETY-SEVENTH SESSION. 117 Chap. 102. AN ACT to amend an act entitled "An act to provide for the appointment of commissioners of deeds in the village of Waterford." Paased March 31^ 1874; three-fifths being present. 7%e People cf the State of New Torkf represented in Senate ajid Assembfyf do encu^ as foUowa: Section 1. The first section of the act entitled 1' An act to provide fsx the appointment of commissionei-s of deeds in the village of Water- ford," pasied March thirty-first^ eighteen hundred and hfty-nine, is hereby amended^ so that said section shall read as follows, viz. : § 1. There shall be appointed, in and for the village of Waterford, not exceeding seven coniniissioners of deeds, who shall possess the same powers in the county of Saratoga as ai^e conferred by law upon conimis- ^oers of deeds for cities, and be entitled to the same fees for services performed by them. § Z. This act shall take effect immediately. Chap. 103. AN ACT to incorporate the Evangelical Lutheran Minis- terium of the State of New York and adjacent states and countries.' Passed March 31, 1874; three-fifths being present. The People qf the State of New York, represented in Senate and Aseembly^ do enact asfcXUAoe : SscTioif 1. The Reverend O. F. Erotel, D.D., the Beverend 0. H. corpora Thomaen, the Keverend A Wetael, the Reverend 0. Volta, the Rev- ***"• ermd F. Von Rosenberg, the Reverend K H. Moldehuke, D.D., the Bererend H. Raegner, the Beverend Robert Neuman, and such other persons as are bow associated, or may hereafter associate with them, and Iheir anoceasors, are hereby constituted a body corporate and politic, by the Banoe and style of ^Tlie Evangelical Lutheran Ministerinm of the corporato State of New lork and adjacent states and coantries," and by that °^™^- Bame they and their successors shall be capable of suing and being sued in any ooart whatever, and shall have and use a conunon seal, which they may alter and change at pleasure. g :2. It shall be lawful for the regular members of said ministerinm, offlocn, at its regnlar constitutional meetings* to select and appoint such officers, ^i^tcS. and to make and ordain such by-laws and regulations in relation to the ByOawt. managenient and disposition of their real and personal estate, the duties of their officers and members, and the management of their coi*porate aiEMTS, as they shall deem proper, provided such by-laws and reffula^ tioDs are not inconsistent with the Constitution and laws of this State or of the United States. g 3. The said corporation shall have power to hold in trust deeds of ceiporato ehureh property, and deeds of other benefioent, educational or publish- po^^i*. log institutions, and of taking, holding and receiving any property. May uimi tmlf personal or mixed, by virtue of any devise, bt)quest, gnint or pur- ^!|ILuua J 118 LAWS OF NEW YOBK. [Chap. 104. property Dy irraot, denaeor beqaest- Hay sell And eon- Toy. chase, subject to the restrictions and limitations of existing laws ; pro* vided the annual income of such property shall not exceed the sum of one hundred thousand dollars, and that the same shall be appropriated to religious, charitable, missionary, or educational purposes, and to sell, deed and convey any real or personal property when necessary to serve the purposes of the corpofation. § 4. The officers of said corporatio^n shall hold over until their suc- cessors are elected and qualified, and shall exercise such powers and perform such duties as shall be authorized by the by-laws of said cor- poration. § 5. This act shall take effect immediately. Board of . Soliee to ivide the •ity into precincts. Board to appoint ponce force. Police Ibrce, what it ehall con- Common council may anth- orize an tncreaie. Smploy- Deleet. iFee. :Ohap. 104r. AN ACT to amend an act entitled ^'An act to establish a department of police in the city of Buffalo, and to pro- vide for the government thereof," passed April twenty- six, eighteen hundred and seventy-one. Passed March 31, 1814 ; three-fifths being present. The People of the State of New Tork^ represented in /Senate and Aeeeinbly^ do enact as foUowi : Section 1. Section seven of '^An act to ostablish a department of police in the city of Buffalo, and to provide for the government thereof," passed April twenty-six, eighteen hundred and seventy-one, is hereby amended so as to read as follows : § 7. After the drawing provided for in the next precedinjg section, and before the first day of May next after the j>assage of this act, the said board of police shall proceed to divide the city of Buffalo into pre- cincts, not exceeding eight in number, and may, at any time thereafter as they may deem necessary, increase or diminish the nnmber of such firecincts so that they shall not, at any time, be more than eight nor ess than five in number. The said board of police shall assign to each of said precincts one captain of police, sergeants of police not exceed* ing two, doormen of police not exceeding two, and so many patrolmen as they may, from time to time, deem necessary. The said boai-d of police shall appoint the police force mentioned in section two of the act of one thousand eight hundred and seventy-one, hereby amended, and shall fill all vacancies from time to time occurring thei^in ; and the said force shall, at all times, consist of one snpennteudent of police, captains of police not exceeding in number the number of precincts into which die city shall at any time be divided, sergeants of police and doormen of police not exceeding in nnmber two serjgeants and two door- men for each of said precincts, one surgeon of police, one clerk of said board, and so many patrolmen as they shall, from time to time, deem necessary, not exceeding the nnmber of one hundred and forty, unless the common council of the city of Buffalo shall, at any time, by reso* lution, authorise an increase in snoh number, in which case the Ixmrd may appoint additional patrolmen to the number so authorised by said oommon counciL The said board may also appoint, in addition to such police force, such additional clerks and emplovees as are necessary in administering the affairs of said department The superintendent shall detail for det^tive duty during hit pleasure, so many patrolmen as the said Chap. 106.] MNETYSEVENTH SESSION. 119 board ahaH, from time to time, direct, not exceeding ten in number, and the patrolmen so detailed shall compose the detectives of the force; and while so detailed each of said patrolmen shall receiycy in addition Addition- to his salary as patrolman, compensation at the rate of three hundred ^n^ion. dollars a vear. The superintendent of police shall nominate, and the Aniauxkt board of police shall appoint from amon^ tlie patrolmen detailed as tendent delectiTes, one assistant superintendent oi police, who shall be remov- able aa snch assistant superintendent of police, at the pleasure of the superintendent of police or the board of police. During the sickness, Hispow- absence or inability of the superintendent of police, the assistant super- doties. intendent of police shall possess the powers and perform the duties of the superintendent of police. The boaixl of police shall make suitable seenrity provisions respecting security to be given by the assistant superintend- ^^ by ent of police, and he shall receive in addition to his salary as detective ^^^.^ compensation at the rate of three hundred dollars per year. No person tendent. holding oflSoe under this act shall be liable to military duty, or to arrest in dvifprooess. § 2. Thia act shall take effect immediately. Chap. 105. AN ACT to amend an act entitled '^An act to authorize the citj and town of Binghamton to purchase the two toll-bridges across the Susquehanna river at Binghamton, and to maintain them bl^ free bridges," passed April fifteenth, eighteen hundred and sixty-nine. Passed March 31, 1874; three-fifths being present. The People of the State of New York, represented in Senate and AxsenMy^ do enact a^foUotoe : Sbctiok 1. Section four of chapter two hundred of the laws of eighteen hundred and sixty*nine, entitled ''An act to authorize the city and town of Binghamton to purchase the two toll-bridges across the Susquehanna river at Binghamton, and to maintain them as free bridges," is hereby amended so as to read as follows : § 4. From and after the purchase of said bridges, the same shall be Bridg«0 to under the charge and supervision of the mayor of said city and the ^pervJaT supervisor of said town, and it shall be their duty to maintain and ion or rebuild when necessary, and continue said bridges, and keep them open SnSraper- and in good repair for public convenience, and the expenses incurred ^^i^* by them in so doing shall be pf^sented by them in each year to the Exponses board of supervisors of said county, and said board shall cause them to ^^and"^ be collected of said city and town in the proportion and manner named repairing, in the second section of this act for the collection of taxes for the leoited? payment of principal and interest of the bonds in said section men- tioned, and paid over to said treasurer for said mayor and supervisor. Whenever it sh^dl become necessary to rebuild either of said bridges, Mmr the said mayor and supervisor are hereby authorized to agree what part ^r to^^' of the amoniit required for such purpose shall be raised by direct tax, ^^^^^^ and what amount thereof shall be borrowed upon the cn^it of said or cost town and city. Bat they are hereby directed to submit the question by dir^ of collecting auch tax and the issuing of such bonds to a vote of the ^J^*'^^ tax-payers of said town and city, in manner following : They shall br°to^'' of the amouiit required for such purpose shall be raised by direct tax, ^^^p,^ tad what amount thereof shall be borrowed upon the credit of said or coat town and city. But they are hereby directed to submit the question by dire^ of collecting such tax and the issuing of such bonds to a vote of the ^J^^^ tax-payefs of said town and city, in manner fbllowing: They shall Socvowcd. LAWS OF NEW YOEK, [Chap. 10*. certify, under their handsy the whole amount required to reboild sadi bridge, what part of said amount should, in their judgment, be raised by direct tax, and what pai't thereof should be borrowed upon the faith Day fin- of said towD and city. They shall also designate a day, not less than two be^de2^-^ weeks from the first publication of their certificate as hereinafter pro- iiated. Tided, for an election at ^uch place as they may designate, to decide whether the said bridge shall be rebuilt, and. the tax collected, and the Certia- bonds created to provide the funds necesaanr for the purpose. Such notfce^to certificate and notice shall be published in all the daily papers printed be pab- in the city of Binghamton, at least ten consecutive days, Sundays exclu* shed. ^^^ before said election is held. One of the inspectors of the town of inipeot- Binghamton, and one of the ward inspectors of the city of Bingham* ^^' ton, shall be chosen bv said mayor and supervisor to receive and count the votes given at saia election, and to certify the result to said mayor QnaUAes- and Supervisor. Every tax-paying citizen whose name appears upon. voten. ^^^ l^^ ^^ ^^^^9 previous to said election, and none others shall be Ballots^ entitled to vote thereat The ballots given at said election shall be tormot written or printed, "For special tax and bonds," and "Against special tax and bonds." The polls shall be open from nine o'clock a. k. to four o'clock p. M., and immediately after the closing of the polls, two certificates of the result, signed by said inspectors, shall be, as soon as possible, placed in the hands of said mayor and supervisor respectively, Mavor and if it shall appear that there is a majority of ballots for " Special tax ^aormay" ^"^ bouds," the Said mayor and supervisor shall have power and are borrow hereby authorized to borrow the amount designated to be luised upon the money, f^-^j^ ^^ ^^-^ ^.^^^ ^^^ ^l^^^ upon such terms of credit not exceeding five Rateofin. years, and at a rate of interest not exceeding seven per cent per annum, ^^®"**' ad shall seem to them best for the interests of said city and town, which sum they shall apply to the rebuilding of said bridge or bridges, and Bonda, for no Other use. As security for such sum as they may borrow, said payable, mayor and supervisor are hereby authorized to execute and deliver bonds or certificates of indebtedness, signed by them ofScially, which shall be made payable in such amounts, and at such respective times as they may deem best, not exceeding five years from the first day of no ^ ^J^ February following the time of their execution and delivery ; and said teifat lees bonds or Certificates of indebtedness shall in no case be sold or negoti* than par. |^ted by Said mayor and supervisor, or either of them, at less than their par value and accrued interest, and they shall be a valid lien against said city and town. H^oF It shall be the duty of said mayor and supervisor to present to the ^r^to^ board of supervisors of Broome county, at their first annual meeting boMd.^ after the delivery of any of said bonds, a statement of the amounts, dates, and numbers thereof and said bonds, and the intei-est thereon^ Boadflto shall be paid by said city and town* in ^proportion to the taxable prop- oUyaad'^ crty thereof, respectively, as shall appear from the latest equalised town. asaessment rolls of said city and town, and it shall be the duty of the said board of supervisors to cause to be levied and collected from said city and town, respeotively,''in each year, in the same manner as other taxes are collected^ such portion of said bonds and interest as shall i^^^^ become due on the first day of February next following. And the ta^to'Se ^^^^'^^ ^ ^ raised by tax shall be oertified by said mayor and super- oeftifled. visor to the board of supervisors of the county of Broome; and the Board to said board shall levy and collect the same in the manner hereinbefore aamiL provided for the payment of repairs and collection of principal and Loeatiwk interest of bonds mentioned in the second section of this act It ia ^JSm further provided that whenever the bridge known as the '^ Bock-Bottoia ftiAP. 106.] NINETY-eEVENTH SESSION. 121 Bridge'' needs rebnilding, the question of the location of said bridge brfag© u> shall also be submitted to a vote bf the tax-payers as hereinbefore ^Jj^**' provided for the raising of money by taxation and the issning of bonds. At the same time and place a separate ballot box shall be provided in which shall be deposited ballots written or printed as follows: " Present Bte," or "Foot of Carroll street/' or "Foot of Exchange street'' The same persons hereinbefore designated, shall be entitled to vote, and the game certificate hereinbefore required shall be made, and it shall be the dnty of said mayor and supervisor to build said bridge upon the ate designated by the greatest number of votes given at said election. It is farther provided, that no change shall be made in the location of No the Susquehanna bridge, but such Sns(^uehanna bridge shall be main- fo<»a^nof tained, and in cease of neoeseily rebuilt npoa its present site. Said ^JJJjJJ^*" bridges shall alw&ys be fl'ee for public use, and shall be maintained by bridge, add city and town. § 1 This act shall take effect immediately. Chap. 106. AN ACT to amend an act entitled " An act to authorize the trustees of the village of Kinderhook to borrow money, to be expended in the purchase of a lot of ground and the erection thereon of a suitable building, adapted to the purposes of a public hall, and a room for a fire- engine, for the use of said village," passed April twenty- ninth, eighteen hundred and seventy-three. Passed April 1, 1874; three-fifths being present. 3%e People of the State cf New York, represented in Senate and Assembly, do enxjuta^followe: SscnoN 1. Section one of chapter three hundred and seventeen of the laws of eighteen hundred and seventy-three is hereby amended so as to read as follows : §1. It shall be lawful for the corporation known as "The trustees Tmstee* of the village of Kinderhook" to borrow, from time to time, the sum of CSdto' right thonsand dollars in the aggregate, and to give therefor the notes borrow or bonds of the said corporation, signed by the president and treasurer ^nd Swaa thereof, to be paid ifi annual payments of one thonsand dollars with g^^^' annnal interest, and such additional sum as a majority of the taxable inhabitants of said village at an annual meeting may vote and determine ; provided snch additional sum shall not exceed one thonsand dollars and ProTiso. SDmial interest % Section two of said act is hereby amended so as to read as follows : %, The said eight thotisand dollars, or so much thereof as may be Lot to lie 'y shall be expended by the said corporation in the purchase of ^^pj^ A lot of ground in the vilhige of Kinderhook and the erection thereon i^o hail * of a suitable t^o-story brick building for a public hall, a room for a *'*^^^- firfr^ng^et, a room for a hook and Isuider truck and such other rooms is the tmsteea of the said village may deem necessary for the use and benefit of said village. o 8 3. BectioB thira of said act is hereby amended so as to read as mwsi 9 122 LAWS OF NEW YORK. [Chap. 108. AanvAi § 3. It shall be the dnty of said corporation to raise annually by tiuc, p!^^^ii^t ^ other moneys are assessed and collected in said Tillage for public pur- of ^tes poses, one thousand dollars and so much additional (not exceeding one ^' ^ thousand dollars) as may have been voted by a majority of the taxable inhabitants at an annual meeting, together with an amount in addition equal to the interest on SQch of said notes or bonds as remain unpaid, and pay the principal and intei-est of the ones that shall be due and the interest upon such as remain unpaid, until all of such notes or bonds shall be paid. g 4. This act shall take effect immediately. Chap. 107. AN ACT to amend the charter of the village of Potsdam. Passed Apiil 2, 1874 ; thi*ee-l]fths being present. The People cf the State of New York, represented in Senate and AsaemUp, do etiact asfoUotoa : SsGTtOK 1. The trustees of the village of Potsdam are hereby author- ized to expend in the purchase of motive power and a machine for crushing stone, a sum not exceeding two thousand and five hundred dollars, and to borrow money to pay therefor. § 2. To defray the expense of such purchase and repay any money borrowed therefor, the said trustees are authorised and re<][uii-ed to levy and cause^ to ba collected upon the taxable property of said village, in three equal annual installments, said sum of two thousand and five hundrecl dollars, or so much thereof as shall be required for such pur- chase, toother with annual interest thereon. § 3. This act shall take effect immediately. Chap. 108. AN ACT to authorize the Canal Commisssoners to con- struct a bridge over the Erie canal at Austin street, in the city of Buffalo, and to provide for the payment thereof. Phased April 2, 1874 ; three-ftfths being pteaent. The People of the State qf New York, represented ^in Senate and AssenMpf do enact as foUotos: cnnai SECTION 1. The Canal Commissioners are hereby authorized and aicnm to directed to constrnct, or cause to be constrncted and maintained at the Jjjj*^^^ expense of the State, over the Erie canal at Austin street, in the city of uoa a ' Buffalo, a road bridge, also a towing-path on the berme side of the canal am?1Sw *^ ^^^^ point under said bridge, so that teams can readily pass Mid path. repass on either side of the canal, in such manner as^they may deem Kxpenae, advisable, and the expense of the same be paid from any nioney appro- bow paid, priated, or to be appropriated, for extraordinary^ rejsairs on the western ProTiao. division of canals ; provided, that after investigation and examination into all the facta in relation to the application for said bridge, the Board of Canal Commissioners shall be of opinion that the State is under legal or equitable obligation to build said bridge ; and provided further, that Chap. 109.] NINETY-SEATENTH SESSION. 123 before proceeding to oonstmction of any each bridge the Canal Com- Reietae missioners shall require and receive a full and sufficient i-elease, legally **^°**'^- executed, acknowledged and delivered, fi*ee of expense to the Stat4;9 of all claims or damages in consequence of the construction of said bridge, or of approaches and embankments of the same, and, also, a good and uoenM. fnfficieut license or permission to the State, duly executed, acknowl- edged /uid delivered as aforesaid, to raise or change such bridges, approaches or embankments ivhenever necessary, which necessity is to be determined by the Canal Commissioners from all persons whose pro- perty, rights or interests may be affected by such bridge, approaches or eml^kmenta. The said Canal Commissioners shall enter, or cause to be entered, in a book of records, to be kept in their office, all the tes- timony above referred to, whether such determination be favorable or adverse to such application. § ^ The Auditor of the Canal Department shall draw his warrants on Anditorto the Treasnrer of this State to an amount not to exceed ten thousand amonnt. dollars, for the purposes of this act, to be paid from any moneys appro- Oat of priated for extraoniinary repairs upon the western division of the canals paylfue?^ of this State. § 3. This act shall take effect immediately. Chap. 109. AN ACT to release the right, title and interest of the People of the State of New York of, in and to certain real estate of which Anthony O'CarroU died seized, to Greorgianna O'CarroU, his' widow. Passed April 2, 1874 ; by a two-thirds vote. < The Peojile of the State of New York, represented in Senate and AjtsenMy^ do enact CLsfoUotoa : Sectiok 1. All the estate, right, title and interest of the People of the state utia State of New York of, in and to the following described real estate, esuteta namely: All that certain lot, piece or parcel of land situate, lyin^ and BrooUj-n being in the city of Brooklyn, county of Kings, and State of New York, '^®^®*"®^- known and distinguished on a certain map entitled '' Map of property in the seventh ward of the city of Brooklyn belonging to the heirs of John Syeraon, deceased, made by John S. Stoddai'd, city surveyor, and filed in the office of thecleirk of the county of Kings," as and by the number two hondred and fifty-four (254), liounded and deschbed as follows: Banning at a point on the soutnerly side of Myrtle avenue, distant seventy-five feet easterly from the southeasterly corner of Myrtle avenue aad Hloaaton street^ now known as Hall street; running thence easterly along Myrtle avenue twenty-five feet to lot number two hundred and fiffy-three (253) ; thence southerly, parallel with Houston street, one hundred and twelve feet to lot number two hundred and sixty-nine (t&9) ; thence westerly, parallel with Myi-tle avenue, twenty-tiye feet to lot namber two bnndred and fifty-five (255) ; and thence northerly, parallel with Houston street, one hundred and twelve feet to the pHu>e of begin- ning, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, whereof Anthony O'CarroU, late of said city of Brooklyn, died seized, is hereby released to Georgianna O'CarroU, of said city, the widow of said Anthony O'Carrolly her heirs and assigns forever. 124= LAWS OF NEW YORK. [Chap. 111. Proviso. § 2. Nothing herein contained shall affect any right, claim or interest of any purchaser, heir at law or devisee, or of any creditor by mortgage, judgment or otherwise, in the said real estate. § 3. This act shall take effect immediately. Chap. no. AN ACT to confirm the official acts of John P. Bennett, as a notary public of Wayne county. Passed April 2, 1874; three-fifths being present. The People of the State of New York, repreeented in Senate and AsaenMyf do enact asfoUotos : Official Section 1. All the acts of John P. Bennett, residing in Wayne fary oeS?' county, in the State of New York, done as notary public, from March ftnned. thirteenth, eighteen hundred and seventy-three, to March first, eighteen hlindi'ed and seventy-four, are hereby confirmed and declared as valid and of as full effect as if said John P. Bennett had been a duly appointed and qualified notary public. ProvUo. § 2. But nothing herein contained shall affect the rights of any party to any suit or proceeding eommenoed prior to the passage of this act. § 3. This act shall take effect immediately. Chap. 111. AN ACT to confirm the official acts of Cicero W. Barber, as notary public in and for the county of Washington, done from March thirtieth, eighteen hundred and seventy-three, to and including February eighteenth, eighteen hundred and seventy-four. Passed April 2, 1874; three-fifths being present. The People of the State of New Tork^ represented in Senate and Aeeemblp, do enact aafoUotoa : Official Section 1. All the official acts and proceedings of Cioero W. Barber, to^con? *s notary pnblic in and for the county of Washington, since the flimed. thirtieth day of March, eighteen hundred and seventy* three, down to and including the eighteenth day of February, eighteen hundred and seventy-four, are hereby confirmed and declared as valid and of as full effect as if his commission as such notary public had not expired until the eighteenth day of February, eighteen hundred and seventy-four. Proviso. § %. Nothing in this act contoined shall be deemed or taken to affect the rights of any party to any suit or proceeding oommeuoed prior to its passage. § 8. This act shall take effect immediately. Cbap. 112.J NINETYSEVENTH SESSION. Cap.. 112, AN ACT to authorize the board of supervisors of the county of Suffolk to erect a building for the offices of the county clerk and the surrogate of the said county, and to raise or borrow money for the same, aijid to pro- vide for the payment thereof, and to remove the county clerk's office in said county to such building. Passed April 2, 1874; three-fifths being pi-esent. 3%e People of the JStctie of New York, repreeented in Senate and AseenMi/j do enact aefoUotos: SBOnoK 1. Whenever the board of supervisors of the county of Suf- Board or folk shall determine, by a vote of two-thirds of all the members elected o^a?th- in said county, that it is necessary to erect a building for the offices of orixed to the county clerk and the surrogate of the said county, the said board is bioidiDg hereby anthorized, by a like vote of two-thirds of all of said members, J^f^^^J^^'* to proceed to the erection of such building. The said board of super- rogate's visors shall designate the location of such building, and shall erect the ^^<^^^- same upon some portion of the lot now in part occupied by the court- house in said county. They are hereby authorized to borrow money May bor- not exceeding fifteen thousand dollars upon the credit of the said^p'/^^ county, to be expended in the erection of such building and furnishing the same, and to provide for the payment thereof; and they may issue May issue bonds therefor, payable within fifteen years from the date of the first ^^^^^ issue of said bonds, with the interest thereon payable annually; and if Tax. bonds are issued a yearly tax shall be levied upon said county, equal to the annaal interest for that year, upon said bonds outstanding, and to as much of the principal as will be sufficient to pay the whole amount of said bonds within the said fifteen years. § 2. Instead of borrowing the said money and issuing bonds therefor, Money the said board of supervisors, by a vote of two-thirds of all the members ™?Jed^ by elected in the county, may divfde the cost of said building, not exceeed- tax. ing the sum of fifteen thousand dollars, into two sums as nearly equal as may be practicable ; one of which sums may be levied on said county in the year in which such building shall be commenced, and the other in the vear next following. § 3. The said board of supervisors may sell and convey the present snpervis- CDunty clerk's office and the lot on whicn it stands, at the corner of J^fi",!!,^. Main street and Griffin avenue in Biverhead in said county, at such ent clerks time and in such manner as they may deem for the interests of said fjt.^^ ^^^ county, aud for the best price they can procure for the same; and the Proceeds, porchase money when received shall be applied toward the payment of pn^d."^' the said sum hereby authoriaed to be borrowed or raised. § 4 When the said building is completed the board of supervisors of said county may direct the county clerk's office in said county, aud the books and papers belonging thereto, to be removed to the said building. g 5, This act shall take effect immediately.. lae LAWS OF NEW YORK. [Chap. 118. Ohiap. 113. AN ACT to amend chapter ninety of the laws of eighteen hundred and seventy-three, entitled "An act to provide for the election of town officers, and the transaction of town business, in the town of Greenburgh, in the county of Westchester," passed March eighteenth, eighteen hundred and seventy-three. Passed April 2, 1874 ; three-fifths being present The People of the State of New Torkj represented in Senate and AsaenMy^ do eruuA as follows : Section 1. Section five of an act entitled "An act to provide for the election of town ofiScers and the transaction of town bnsiness, in the town of Greenburgh, in the county of Westchester," passed March eighteenth, eighteen hundred and seventy-three, is hereby amended so as to read as follows : snpervf- § 5, The Supervisor and justices of the peace of said town, or a niajor- lostfocs to ity of them, shall meet at the office of the town clerk at noon, on the efoctioii Thursday following each election held under the pravisions of this act, retarnB. and Open, in public, such returns. They shall thereupon ascertain the Toasoer. result of such election as shown by the returns of said inspectors, and dooiare* shall declare the persons, respectively, who shall have received the high- lesnit. est number of votes duly elected to the offices for which they have been Proviso, respectively voted for; provided, however, that only the two persons who shall have received the highest number of votes for inspectors of election in each of the several election districts shall be declared elected inspect- Sapervi- ors for such district The supervisors and justices present at such meet- jasticw to ^^S 81^*11 thereupon appoint the person having the next highest number appoint a of votes for iuspcctor of election in each district, the third inspector 8pf»ctor. of election for such district. In case two persons in any district shall have received such next highest number of votes, the supervisor and justices, or a majority of them, may appoint either of said persons as SapeiTi- such third inspector. The said supervisor and justices, or a majority jnstrcM ®^ them, shall thereupon certify, in writing, the result so ascertained mnstcerti- by them, and in such certificate shall set forth the names of all the fy reauit. ^gQ^g voted for, the offices for which they were designated, as appears by the returns, the number of votes received by each, and the persons vfThen declared by them to be elected, which certificate sliall be filed in the *^®^ office of the town clerk. The said supervisor shall also file a list of the Town persons so appointed to act as inspectors of election. The town clerk traSiDit shall forthwith transmit a copy of said certificate, duly certified by him certified to be a correct transcript thereof, to the clerk of the county of west- connty^ chcster, who shall file the same in his office, and which certificate or clerk. guch copv thereof shall be presumptive evidence of the facts thei*eiu Town stated. Within ten days after the filing of said certificate in the town gi^Vo- ^^^'■1'^'* office, said town clerk shall give notice in writing to the several tioe to persons declared by such certificate to be elected or appointed, of such ^ledkSu election or appointment. Such persons so elected or appointed shall Oath of severally take the oath of office within the time, in the manner, and offloe. before the persons, now provided by law. § 2. This act shall take efiect immediately. Chap. 114.] NINETY-SEVENTH SESSION. 13T Chap. 114z. AN ACT to amend an act entitled "An act to provide for the relief and support of the poor of the county of Kings, and to change the name of the office of the superinten- dents of the poor therein to the office of the commis- sioners of charities of the county of Kings/' passed April fourteenth, eighteen hundred and seventy-one. Passed April 2, 1874; three-fifths being preseut The People of the 8UUe of New York, representee! in Senate and AuenMyy do enact asfottows: Sectiok 1. Section three of chapter four hundred and ninety-one of 4helaw8 of eighteen hundred and seventy-one, entitled "An act to pro- vide for the relief and support of the poor of the connty of Kings, and to change the name of tne office of the superintendents of the poor therein to the office of the commissioners of charities of the county of Kings,*' passed April fourteenth, eighteen hundred and seventy-one, is heieoy amended so as to read as follows : I 3. The said commissioners shall be a corporation by the name of The com- the Commissioners of Charities of the county of Kings, under which Si'jfr'*' name they may sue and be sued, and they shall possess the usual powers charities of a corporation for public purposes. They shall together constitute a jJSt?de- bond for the relief and support of the poor of the county of Kings, and cu^ed a for the government, management and direction of the premises com- SSS!*'"^* monly known as the county farm at Flatbush, in said county, and of Tohayn each and all of the several institutions, buildings, properties and appur- JJI^JJSft tenances situated or which may be erected thereon ; and for the employ- ofconttty ment, relief, support and government of the persons placed therein, ^"*' ***' ffabject, however, to the control of the board of supervisors of Kings ooanty, as herein provided. The said board of commissioners, and each The oom- member thereof, shall be and are hereby declared to be trustees of all Jjjf^i®" property and effects in their possession or charge, and shall be liable to toes, and the coanty of Kings as such. The said board of commissioners may s^^.*^ sppoint and remove, from time to time, such officers, subordinates and Board of sssistants, excepting storekeepei-s, as may be necessary for the proper Joner?' discharge of their duties under this act, who shall hold their positions may ap. (huing the pleasure of said board of commissioners, and said board of remove (ximmissioners shall fix the salaries of such officers so appointed ; and ^^^®j^»^ for the pnrpose aforesaid may, from time to time, make such rules and fix saia- bv-hws as may seem to them necessary, not inconsistent with the pro- '**•• Ttsions of this act or contrary to law. The said board of commissioners General fhail generally possess every power and authority possessed by the jSeboa^. inperintendents of the poor of the county of Kings at the time of the passage of the act hereby amended, not inconsistent with the provisions of this act. But said board of commissioners shall not, nor shall said Limita- eommissioners, have power to make any contract, nor to incur any ^l^Sk obligation by which said connty will be rendered liable to pay any «> make money, except for the employment of officers, subordinates and assistants ®*'^*'^'*' as above provided, and excepting in cases where authority shall be especially conferred bv the board of supervisors ; and any contract made UnaaUior- or obligation incurred by said board of commissioners, or any member i^t^^. or committee thereof, shall be void, and shall constitute or create no X98 LAWS OF NEW YORK [Chap. lU. Valid as topenon making or consent* Ing there* to. Board of Gommis- sloners to leport to board of sapcrri- sorsl J>nty of board of snpervl- 80XS. To adver- tise ibr proposals for sQp- pHes, Ac. Becnrity to be given. What, contraete shall ra- qaire. Kecessary addiilons, altera- tions and repairs to be made by the board of snpcrvi- sors. Proviso. Existing contracts to be car- ried oat. Repeal. Store- keepers, bow ap- pointed. To ac- 4oantto board of oharge or obligation as against said connty, but shall render every person or persons so making said contract or incnrring said obligation, or consenting thereto, or Toting therefor^ individtially liable for snch debt or obligation. All articles necessary to be used in and for the relief and support of the poor in the county of Kings, shall be piu'chased, contracted for, or supplied by the boam of supervisors of Einffs county. On ii8ibIe for and shall account to said boai'd of supervisors*^'*' therefor. Such storekeepers shall give bonds for the faithful per- Bonds of fonnanoe of their duties, and to account for all property in their J^^^ handsy in such form and amount as said board of supervisors shall direct, and in all respects not herein provided for, said board of super- Their visors shall direct and define their duties and powers, and shall fix and **i^'iM' regulate the amount of their salaries. Said storekeepers shall be ont-door famished with a copy of all contracts for articles or snpnlies procured h^wftir- under this act. And all out-door relief shall be furnishea from deposi- niched, tories or storehouses kept by said storekeepers in kind, and not in - money, nor by orders on dealers. But this provision shall not apply to coai. how the article of coal which shall be procured by said board of supervisors bv «»PP"ed. oontmct and supplied by orders on the contnictors from the said board of commissioners. All articles and supplies to be drawn for the use of SnvpUes aid institutions or for out-door relief shall be delivered to the said board ihrer«d^u> of commissionei*8, upon their written order, and under such regulations board of SB said board of supervisors may prescribe. All such orders shall be bIodoth returned to the boai'd of supeinrisors by said storekeepers, as often as JJJJp***®^ such board may require, as vouchers for the goods, articles or supplies delivered by them. Such storekeepers shall also keep a com|)lete record Aooout of aill goods received by them and uelivered on the order of said commis- bo^kept.*^ sionera, and to whom said goods were delivered. § 3. Strction five of the said act is hereby repealed and the following Bopeai. is substituted in place thereof, as section five: § 5. All powers and duties by this act devolved upon the said com- ko power mifisioners shall be considered as devolved upon said board of commis- eroiMd^^ sioners ; but no such power shall be exercised, except by the votes of ©x^p* ^y at least three members of said board of commissioners ; and all powers three* devolved by this act upon said board of supervisors shall be exercised ^^JjJjJJf bj them, exclusively, and to the exclusion of said board of commis- ofcommis- noners, or members thereof. , »ioner». 4. Section six of said act is herebv amended so as to read as follows : 6. The said board of supervisors shall cause to be levied and col- supenri- lected annnaillj, by tax upon the real and personal property taxable in JJ".^n said county, such sum and amount as they shall deem to oe necessary annaai for the purposes of this act, and for the relief and support of the poor, ***' as herein provided. The amount so raised shall be paid to the county Amount treasurer, who shall disburse the same as directed by said board of super- SJ^iUd u) viaors, in accordance with the provisions of this act; and the said oooDty county treasurer shall raise by bond, in the name of said county, such **^®**^'®'- sum or sums of money as may,- from time to time, be required for Treaanrer immediate use for the purposes of this act, in anticipation or advance Sy^bondf* of the collection of the annual taxes, which sum or sums shall be made money for payable at some time or times, within one vear, with interest not to Julte nee. exceed seven per cent per annum ; and which payment, principal and interest, shall be paid out of the amount next thereafter levied and col- lected for the pui'poses of this acL No greater amount than five Amount hundred and fifty thousand dollars shall be levied and collected in any Si^rauS. one year, for the purpose of carrying out the provisions of this act The said board of commissioners shall certifV to said board of super^ Board of visors, on or before the first day of each month, a complete list of the gjo'S^^io names of all assistants, employees, or officers employed bv or acting make cer- nnder the directions of said commissioners, or either of them, and of each^ the salaries paid to and duties performed by each, and no such salaries month. shall be paid by the county treasurer until such certificate has been 130 LAWS OF NEW YORK. [Chap. 115. Bills, &e., made. And all bills, charges, accounts, contracts, or other oblirations itod M^ made or incurred under this act shall be audited, paid and discnarged paid. in the same manner as other bills, charges, accounts and obligations against said county are now paid, and it shall not be lawful for the county treasurer of said county to pay them, except as herein directed. 8 5. Section seven of said act is hereby amended so as to read as follows : No com- § 7. None of the commissioners of public charities or of the board of OTsnpSr^ supervisors, nor any of their subordinates, shall ever be interested per- visor to be sonally, directly or indirectly, in an]^ conti-act or in any purchase or ^^kSms- sale of supplies or articles of any description required or used under any c^nSit^ provision of this act, or for the relief or support of the poor, or in Con- or pur- nection with any of the bnildings, institutions or property under the ohase. control of said board of commissioners, nor in any arrangement by which any pecuniary benefit shall result to himself. S 6. Section eight of said act is hereby amended so as to read as fol lows : Pauper § 8. Every pauper inmate of the institutions under charge of the said how**th5sy commissioners, whose age and health will permit, shall be employed in shall be getting out and breaking stone, or in cultivating the grounds, or in empoye ^gpajj-jng j^\yQ property in charge of the said commissioners, or in manu- facturing such articles as may be requii-ed for the ordinary use of said institutions, or on such mechanical or other labor as on trial shall be Penalty found to suit the capacity of the individual, and in case any of them ioot°orre- ^^*^^ neglect or refuse to perform any such work when so required by fusai to the person in charge, the said commissioners may discharge such inmate work. Qj. inmates, or cause them to be placed under such restrictions as in the judgment and discretion of the said commissioners may seem proper. All buildings, lands and properties formerlv under the control of the superintendents of the poor, and now under the control of the said commissioners of charities, shall be used by said commissioners for all Vagrants, purposes Connected with their duties under this act Vagrants in said county may be committed to the alms-hoase and shall be held therein the same way and by the same magistrates in and by which they are now committed to the penitentiary or county jail in said county. Bepeau § 7. All acts and parts of acts inconsistent with this act are hereby repealed. § 8. This act shall take effect thirty days from and after its passage. Chap. 115. AN ACT to authorize the common council of " the city of Albany " to borrow money for certain purposes, to issue obligations therefor, and provide for the payment thereof. Passed April 2, 1874 ; three-fifths being present The People of the State of New York^ represented in Senate and AseenMp, do enact cu foUotoe : The com. SecHon 1. The Common council of the city of Albany by a two-third Sf'iSth" ^^^ ^^ ^^^ ^^® membera elected to said body, and with the approval of the appro- the mayor of said city, is hereby authorized to borrow on the faith and mayor,**'* Credit of Said city such sum or sums of money not exceeding in the aatW aggregate three hundred and fifty thousand dollars, as the same from Cbap. 115.] NINETY-SEVENTH SESSION. 181 • time to time may be required to carry on the ordinary affairs of the city ised to md for which provision was not made in the tax levy of December, in ^J^]^ the year one thousand eight hundred and seventy-three, to issue bonds Bonds or oertificafces of indebtedness therefor signed by the mayor, counter- |™'^^^f signed by the chamberlain of said city, and attested by the signature of how exe- the derk of the common council, bearing intei*est at the rate of seven Jl^JJted"** per cent per annam, and the principal to be reimbursable not exceed- mg one year from the date thereof, the same to be fixed and determined by the common council in the manner aforesaid. But none of the Not to be bonds hereby authorized to be issued shall be sold at less than their par {l^thaa TBlne. par. § %. The money borrowed under the provisions of this act shall be set Objects apart and disbursed by the chamberlain for the following objects and no ibonaonc/ other, and to the extent for each as ^herein specified, viz. : For street boirowed contingents, ten thousand dollara ; city hall, four thousand dollars ; fusbaned. printing and advertising, seven thousand five hundred dollars; justices' eoorts, three thousand five hundi*ed dollars ; salaries of city officers, twenty-one thousand three hundred and twenty-five dollars ; elections, five thooaand five hundred dollars ; new city building, three thousand dollars; scavenger's dock, three hundred aollars; contingents, three thousand dollars ; Fourth of July account, seventeen hundred dollars ; legal expenses, pier cases, twelve thousand five hundred dollaj*s; St. Peter's Hoapital and Dispensary, three thousand dollars ; Albany Uos- pitsl and Dispensary, three thousand dollars; deficiency in one thousand eight hundred and seventy-three, Albany Hospital and Dispensary, two thousand dollars ; Albany Homoeopathic Hospital and Dispensary, two thousand dollars; for refunding assessments on alley between Lancaster sod Chestnut streets, three hundred and ninety-seven dollars and sey- enty-fiye cents ; furnishing and lighting public lamps, thirty-three thousand eight hundred and twenty dollars and one cent; interest on city debt, eighty-fiye thousand nine hundred and fifty-nine dollars and Bx'ty-eight cents ; out-door relief of poor, sixteen thousand five hundred dolurs ; maintenance of Washington Park, six thousand dollars ; sink- ing fund, ten thousand dollars ; for di*aining and paying in Madison ar^iue, opposite Washington Park, six thousand one hundi*ed and for- ^-seven aollars and fift^-six cents ; the widow of the late Edward Foy, n?e hundred dollars ; fire department, for current expenses, fifty-seven thousand dollars ; for equippmg new companies, twenty thousand dol- lars; for striker in St. Patrick's church, one thousand three hundred and fifty dolUirs, and also the further sum of thirty thousand dollars for the purchase of lots and erection of buildings thereon, when the same shall hereafter hare been authorized by a two-third vote of all the members dected to the common council and has been approved by the mayor. §3. It shall be the duty of the chamberlain of the city to certify to Thectty the board of supervisors of the county of Albany at the annual meet- SSSIto*^* isLgs of said board, in the month of November next, the aggregate certify amount of moneys borrowed under the provisions of this act, and the toboard mms as certified shall be levied and collected in the same manner as ytoJSS*^^ other taxes upon the city are levied and collected. g 4. This act shall take effect immediately. 133 LAWS OF NEW YORK. [Ohap. 117. Chap. 116. AN ACT in relation to mendicant and vagrant children. Passed April 3, 1874 ; three-fifths being present. Ths People of the State of New York, represetuted in Senate and AsaenMy, do enact aafdUowa: Section 1. Anv person, whether as parent, relative, gnai'dian, em- ployer or otherwise, having in his care, custody or control, any child under the age of sixteen years, who shall sell, apprentice, give away, let out or otherwise dispose of any such child to any person, under any name, title or pi-etence, for the vocation, use, occupation, calling, ser- vice or purpose of singing, playing on musical instruments, rope walk- ing, dancinff, begging or peddling in any public street or highway, or in any mendicant or wandering business whatsoever; and any person who shall take, receive, hire, employ, u^ or have in custody any such child for such pui'poses or either of them, shall be deemed to be guilty of a misdemeanor, and, upon conviction thereof before any court of special sessions, or other competent tribunal, shall be fined in a sum not less than fifty nor more than two hundred and fifty dollars, or suflTer imprisonment in a county jail for a period not less than thirty days nor more than one year, or both such tine and imprisonment, in the discre- tion of the court § 2. This act shall take effect immediately. Chap. 117. AN ACT to provide for the election and appointment of registers and inspectors of elections and poll clerks in Long Island City. Passed April 3, 1874; three-fifths being present I%e People of the State of New York, represented in Senate and Assembly y do enact as follows : Two in. Section 1. At each annual charter election hMd in Lon^ Island ePect^^to City, two inspectors of election shall be elected for each ward. They be choMn ghall Severally be residents and electors of the ward, and shall be voted wa^!^ for upon the ward ticket No ballot shall be counted for inspectors upon The high* which morc than two names shall have been placed for that office. The next hlffh- elector in each ward receiving the highest number of votes and the est nam- elector therein receiving the next highest number of votes shall be two votes of the inspectors of elections for such ward at all elections to be held elect. therein during the ensuing year. canyawor § 2. The inspectors of election in each ward of said city shall canvass ▼ot®*- all votes given for inspectors of elections pursuant to the provisions of certifi- this act, and certify the result to the city clerk, as provided in the eighth ^^^' section of the eleventh title of chapter four hundred and sixty-one of the laws of eighteen hundred and seventy-one, passed April thirteenth, eighteen hundi-ed and seventy-one, entitled "An act to revise the charter city clerk of Long Island City;" and in addition to the certificate of election, to mayo?, which is required by the provisions of said section to be made in dupli- cate and filed in the office of the clerk of Long Island City and with the Gup. 117.] NINETTSEVENTH SESSION. 18^ clerk of Qaeens county, said city clerk shall, at the same time, certify to the mayor of said city in vriting, under his hand and attested by the'seal of the city, the names of all persons not elected as aforesaid ^r whom Totes shftll have been given for the office of inspectors of elections, ^Kcifying the nnmber of votes given for each person and the wards in whicli such Totes were given, respectively. § 3. Within ten days after the receipt of such certificate, the mayor Mayor to of said city shall appoint from the persons so voted for, and not elected, ffirS^in- * the person having the highest number of votes who is eligible to such jpector appointment under the provisions of this section, as the third inspector wanf.^ of elections for each ward, but such appointment shall be so made, and vacancies if any shall always be so filled, that two of the inspectors in each ward Bhall be of the political party in the majority and the other iaroector of the political party in the minority in each ward. §4. Within thirty days after each charter election the mayor shall Certifl. file a certificate of siich appointments, in writing, under his hand and ap^tni seal, in tbe office of the clerk of said city, and a duplicate thereof, ^^^^ iritbin tbe same time, in the office of the clerk of Queens county. AieJ. § 5. All vacancies occurring in the offioe of inspector of elections for vacancioa any ward, prior to the day of any general, charter or special election, i^p^Xr^ ihall be filled by appointment by the mayor, and duplicate certificates bowfuied. of such appointment shall be forthwith filed in the offices of the city and conntv clerks aforesaid. All vacancies occurring on any election day shall he filled by the I'emaining inspectors of the ward in which they occnr, and their certificate of such appointment shall be filed with the election returns of the ward. § 6. One poll clerk for each ward shall be designated and appointed Appoint- by the two inspectors who shall be of the political part^ in the majority, Sfucicrk sad the other by tbe inspector who shall be of the political party in the iSr each minority in such ward, and certificates of their appointment shall be ^^ filed wiui the election returns. § 7. The inspectors of elections so elected and appointed shall be the Board or registers and inspectors of elections in their respective waids, and shall h^^'^n- ooDstitnte and be the boards of re^stry and inspection therein ; and all Btitnted Srovisions of law relating to or m any way affecting the powers and uties of registers and inspectors, or boards of registry and inspection of elections, or of poll clerks in Long Island City, not inconsistent with the provisions of this act, shall apply to the registers and inspectors, and boards of reghiry and inspection, and to the poll clerks hereby provided for. § 8. All acts and parts of acts, and all provisions of law inconsistent Repeal, with the provisions of this act, ai*e hei^by repealed, so far as the same iSsct Long Island City. § 9. This act shall take effect immediately. 134: LAWS OF NEW YORK. [Chap. 119. Cliap. AN ACT for the relief of the Plank Road Railroad Com- pany, passed April twenty-first, eighteen hundred and sixty-six, and amended April twenty-fifth, eighteen hundred and seventy-one. Passed April 3, 1874 ; three-fifths being present. The People of the State of New Torkf represented in Senate and Asaemblpy do ctuu^ as follows : Time fyr SECTION 1. The Plank Boad Railroad Company, incoroorated hj act Son of*' ^^ *^^® legislature, passed April twenty-first, eighteen hunared and sixty- road\x- six, and amended April twenty fifth, eigliteen hundred and seventy-one, tended, gjj^jj y^^^Q to the first day of July, eighteen hundi*ed and seventy-eight, to complete their road to Queens, and shall have the power and privi* lege to continue and build the road to Hempstead any time before the first day of January, eighteen hundred and seventy-eight. Privf. § 2. When the road is completed to Queens they shall be entitled ^^«^ to all the privileges and exemptions of plank road and turnpike cor- porations. § 3. This act shall take effect immediately. Cliap. 119. AN ACT to increase the capital stock of the Jamaica and Brooklyn Plank-road Company. Passed April S, 1874. The People of the State of New Yorkj represented in Senate and Assembly i do enaet as follows : Section 1. The Jamaica and Brooklyn Plank-road Company is hereby authorized and empowered to increase the capital stock of said company, to the amount they have actually expended in constructing and completing their road, on filing a certificate| setting forth the amount of such increase, in the office of the Secretary of State, and with the clerk of Queens county, and upon obtaining the consent, in writing, of sixty per cent of the shares of stock now represented in said companv. § 2. This act shall take effect immediately. Chap. 120.] NINETY-SEVENTH SESSION. 135 Chap. l^O. AN ACT to amend an act entitled '^An act to amend and consolidate the several acts in relation to the charter of the city of Rochester^ and the several acts amendatory thereof. Passed April 3, 1874; three-fifths being present The People ni^on " Trustees of the funds of the East Genesee conference '* are also author- ized to transfer to this corporation such portion of its funds and prop- erty as in their judgment may be deemed equitable and right Snperan g 7. This corporation shall have full power at its annual sessions to preach, determine the respective claims of superannuated preachers, widows and en, Ac. orphans upon its funds ; and the income of its property, of every kind ChAP. 123.J NINETYSEVENTH SESSION, 187 vbatsoerer, After pajing necessary ezpenses, shall be used to meet sack ckims only. § 8. This act shall take effect immediately. Chap. 132. AN ACT to provide for the payment of the salaries of the teachers and janitors formerly employed under the board of education of school district number one, of the town of West Farms, as the same was constituted prior to the first day of January, eighteen hundred and seventy-four, and the other creditors of said board. Passed April 3, 1874 ; three-fifths being present. TAe People €f the State of New Tork^ represented in Senate and AMsembfyj do enact as foUotvs : Sbction 1. The salaries of teachers and janitors formerly employed Bo«rdor under the board of education of school district number one, of the town ^^^i of West Farms, due and unpaid on the first day of January, eighteen New York hundred and seventy-four, shall be paid by the board of education of qa&^' t^ the city of New York, and the comptroller of the city and county of JjJJ**^ New iTork is hereby authorized and directed, within ten days after the passage of this act, to pay over to the clerk of the board of edncation of said city, ont of any moneys in his possession or under his control, and not otherwise specially appropriated, such sum or sums of money not exceeding the sum of thirty-eight hundred and eighty-nine dollars and Amonnt leventy-two cents, as the auditor of the board of education of said city *o^p"*- shall oefrtifj to be dae and payable to the teachers and janitors formerly employed by the board of education of school district number one, of tiie town of West Farms, for services rendered for the months of Kovember and December, eighteen hundred and seventy-three. g 2. The amonnt of the indebtedness of the board of education indebted, of school district number one, of the town of West Farms, existing on Seclarcd the first day of January, eighteen hundred and seventy-four, is hereby »» ^^^^^' declared to be an obligation of said town as the same was constituted th? town. prior to that time. § 3. This act shall take effect immediately. , Ch^p. 123. AN ACT to amend the charter of the Hudson Suspension Bridge and New England Railway Company. Passed April 4, 1874. The People of the State of New Tork, represented in Senate and AmemMff, do enact as fottows : Sectiok 1. The time for tho completion of the bridge of the Hudson 8iiq)ension Bridge and New England Railway Company, and of the ippartenances of said bridge, and of the avenues of approach thereto, to comply with the conditions of the act of incorporation of said com- LAWS 0!l? NEW YORK, [iCJftAP. 125. pany, and of the amendmente to said act, is hereby extended to the fourth dajr of July, one thousand eight hundred and eighty. § 2. This act shall take effect immediately. An eleo- tionlbr tnutees may be held. P^vlio. OertfficAte by preal- oent and trttttoes. How veil- fled. To be re- eorded. Transfbn of stock legalised. Chap. I24r. AN ACT for the relief of the "Peekskill Mafiu£^turmg Company.'* ' Passed April 4, 1874. 'the People qf the State of New York, fepresented iii Senate dnd AaserrMy^ do enact oAfoBbofboe : Sectiok 1. "the stockholders of the " Peekskill Manufacturing Com- pany/' in the county of Westchester, are hereby authorized to hold an election for trustees of such company, at such time and in such manner as the stockholders of such company shall prescribe, withont previooB notice of the time and place of holding such election being pt&olished ; provided, however, that all the stockholders in such compaoy shall attend such election and vote thereat § 2. The president and trustees of said company are hei-eby authorized to make a certificate, stating the amount of the capital stock fixed and limited by the company, and that the same has been paid in, which certificate shall be signed and sworn to by the president and a majority of the trustees, and they shall record the same in the office of the county clerk of the county of Westchester within ten days from the passage of this act, and when so recorded, such certificate shall have the same force and effect as though made and recorded wiUiin the time limited by statute. § 3. All transfers of the stock of said com pan v heretofore made are hereby declaawd to be valid, aa though made in a manner prescribed by the by4aw8 of said company, and no omission to make by-laws for the management and disposition of the stock and business affairs of said company shall invalidate the transfers of the stock thereof here- tofore made. § 4. This act shall take eflietct immediately. School dietricts GOnsoU* dated. Chap. 125. AN ACT to provide for the establielunent of a system of graded schools in the Tillage' of Ithaca. Passed April 4, 18'3'4 ; th#ee*flfths beitig present The People of the State of Ifeto York, represented in Senate and AseenMy^ do enact as foUoios : Secxxok 1. All school districts and parts of school distriois in the village of Ithaca, together with that portion of territory directly east of and adjoining said village corporation, and bounded as follows : On the east by a line parallel to the east boundary of said corporation, and dis- tant one hundred and twenty rods therefrom; on the north and soath, respectively, by continuations of the north and south boundary lines of the said corporation ; and on the west by the said village corporation, ^hall, for the purposes hereinafter mentioned, form one school district. Ghap. 185.] NINETY-SEVENTH SESSION. 189" to be called ^the nnion school district of the village of Ifhaca'' Said Union district shall not be altered except by legislative enactment. SisMct. § 2. Donglaa Boardmau, Benjamin FV Taber, Jdbn L. Whiton, Wil- CoMnii. liam L. Bostwick, Rufas Bates, John Oauntlett, Fi*aneis M. Finch, ''^^"' Peter B. Crandall, Joseph C. King, Henry D. Donnelly, Marcus Lyon tnd Edward S. Esty are hereby appointed conuntssiouers of the afore- said nnion school district, and the said persons hereby appointed, and Corpo- their snccesaors, to be chosen as her^nafter provided, are hereby eon* '^<'''- fititated a body corporate in relation to all the powera and duties con- ferred or imposed by law, to be styled *^ The Board of Education of the Corpo. Village of Ithaca," and are hereby invested with all the powers and "*«»*»«• chai^d with all tlie duties conferred upon them by this act A major- ity of the commissioners shall constitute a quorum. § 3. The commissioners hereinbefore mentioned shall meet and organ- Cmnmis. ixe within twenty days after the passage of this act At tl)e said ^xSS^ '^ meeting thev shall divide themselves into three classes of four each, u^em. and it shall be determined by lot who shall belong to each class. Those fS%^^ ^ belonging to the first class shall hold office until the second Tuesday in Tenn of Octol^r, one thousand eight hundred and seventy-five; those of the°**^** second clats until the second Tuesday in October, one thousand eight hundred and seventy-six; and those of the third class until the second Tuesday in October, one thousand eight hundred and seventy-seven, and until their successors shall be elected and enter upon the duties of tbeir offiees respectively. § 4. At the regular election of village officers of the village of Ithaca, Four com to be held on the first Tuesday in March, one thousand eight hundi*ed S*K°ch" and seventy-five, and annually thereafter at each said village election, Mnnt the. there shall be chosen, in the same manner as other village officers are eiec^nin diosen, and by a vote of all the inhabitants legally qualified to vote at i^^jjJSy a district school meeting in this State^ four commissioners and a col- uiere- lector, to fill the places of those whose terms of office expire on the *'**'• second Tuesday of October next succeeding such election. The Term of commissioners thus chosen shall hold their respective offices for®**^* the term of thuee years from the second Tuesday in October next suc- ceeding their election, and until their successors shall be elected and enter upon the duties of their offices, rem[>ectively. The collector shall hold CbUector, his office for one year from the second Tuesday of October next succeeding ^o%'ce. bis election. This act shall not be so construed as to disqualify any officer aforesaid for re-election. § 5. The commissioners elected by virtue of thid act shall, before Ottsiai entering ^ppn the duties of their office, take and file with the clerk of the ^^J^. county of Tompkins the oath of office prescribed by the Constitution s^MMn. of tbfs State, and they shall be members of the boai'd of education of the said nnion school district The board of education shall have vacan- power, and it shall be their duty, to fill all vacancies in the said board Sji^.'*^^ which may occur from any other cause than the expiration of their term of office. The commissioners so appointed shall bold their offices for the unexpired term of those to supply whose places they were appointed. I 6. Any member of the board of education may, for neglect of duty, Member or either immoral or official miscondnct, be removed fiK)m office by the for^hat board, by a vote of two-thiixls present at any regularly called meeting and how* thereof; but, before final action thereon, a written copy of the oharges S^^^^ preferred against said member shall be served upon him, and he shall oi>i<'«- be allowed an opportunity to explain or refute them. Any member of Reeigna- id board may resign his office by giving one mouth's previous notice, ^^^' 14:0 LAWS or NEW YOBK. [Chap. 125. in writing, to tlie said board, who maj, if they deem the reason snflScienty accept the same. Preaide&t § 7. At the first meeting of the board of education, and at each 0^°^^ annual meeting thereafter, thej shall elect one of their number pi-esi- inff- dent of the board, and wheneyer he shall be absent, or unable to act. Time of they shall appoint a president pro tempore. At their first meeting the miaimoet- ^oard shall nx the time for their next annual meeting, and, unless ioK- ' clianged by a resolution of the board, the time thus fixed shall be the time for future annual meetings. The board of education shall receive no compensation for their services. Monthly- § 8. The boaixl of education shall meet for the transaction of business boaM?'^^^ often as once in each month, and may adjourn for any shorter time. Special Special meetings may be called by the president, or, in case of his by \rhom abseuce or inability to act, by any member of the board, as often as *"ii d*^ necessary, by giving personal notice to each member of the board, or ^ ^ ' causing a written or printed notice to be left at his residence, with some person of suitable age and discretion, at least twenty-four hours before the time for such special meeting. Secretanr § 9. The board of education shall appoint a secretary and librarian, rian"to be ^^0 s^^^l ^^^^ their offices during the pleasure of the board, and whose appoint- compensation shall be fixed by the said board; and the same person may hold the office of secretary and librarian. The secretary shall keep Their a record of the proceedings of the board and perform such other duties daUes. ^ ^y^^ board may prescribe. The librarian shall have charge of the library or libraries of the distrtict, and may appoint such assistants as may be necessary, from time to time, and such assistants may be removed at ETfdence. any time by the board of education. The record of the board of educa- tion, or a transcript thereof certified by the secretary, shall be received Books, in all courts as prima facie evidence of the facts thci'ein stated, and such open to &^ record, the books, accounts, vouchers and papers of the said board shall BpecUon. at all times be subject to the inspection of the trustees of the village, or any committee thereof^ or any tax-payer, and a transcript thereof may be taken. Powen o^ § 10. The board of education shall have power, and it shall be their as to^tiua- jj« 1. To purchase, lease or improve sites for school-houses, ux ma/ ^* To build, purchase, lease, alter and repair school-houses, out-houses be levied. |^d appurtenanoes thereunto belonging. 8. To purchase, exchange, improve and repair school apparatus and provide suitable and necessary text-books for the pupils of the several schools under their care. 4. To procure fuel and defray the necessary expenses of keeping the schooKhouses in order, exclusive of repairs, including insurance. 5. To defray the contingent expenses of the seveml schools and the district library or libraries, including salary of librarian and superin-^ tendent 6. To defray the contingent expenses of the board of education, including the salary of the secretary thereof! 7. To pay teachers' wages, after the application of the public money appropriated by law for that purpose. 8. To pay charges or expenses incurred by law, or necessary to carry this act into effect, or to refund loans oontmcted by law, and to Chap. 125.] NDfETY-SEVENTH SE8SI0N. J.4:l pay the interest thereon, or to pay sneh snms as shall be required to falfill any contract dnly made nnder the provisions of this act § 11. The tax aforesaid, and all other taxes to be levied and collected Taxes, by virtue of this act shall be assessed, and the tax list made oat and to ^J^l^a, be delivered to the proper officer for collection, within thirty days after ^^P^* the ssune shall have been voted, except as herein otherwise provided, ered.^ ^' The said tax list or lists shall, in respect to manner, fprm and other ffiixitets. particulars, be made out the same as school district tax list* are inquired J^JJ^ ""•"^ to be made by sections sixty-five, sixty-six, sixty-seven, sixty-eight, seventy, seventy-one, seventy-two and seventy-four of title seven of the general school law of the State of New York. The boaixl of education wan»ii4 ehall attach to said tax list or lists their warrant for its collection, fj^tkm.' directed to the proper officer, and signed by the pi^sident and secretary of the board. The said warrant shall be the same in form as a warrant itoibrm. issued by the trustees of a school distinct of the State, and it shall have ^^^f^^^ ^^ a like force and effect as are given to a warrant of the trustees of a school district by section eighty-one of title seven of the general school Isiw of the State. Tlie board of education may renew, from time to Board time, as they shall deem proper, any warmnt issued for the collection ^^j!^ of any tax assessed by them by virtue of this act. The said board may nmi. ameuii and cori'ect any tax list made oat by tliem, when any error shall Hay coi^ have been discovered, in the manner and form prescribed by section 2*,J^T25f eighty-seven of title seven of the ffenei*al school law of the State. The board of education, upon delivering any tax list and warrant to Board to the collector, shall retain a copy of the same tbr themselves, and shdl ^^t%t take a i^eceipt from the collector for the said tax list and warrant, which ux list receipt shall specify the amount to be collected, and the return day of ^u*'^ the said tax list. The board of educatioa shall also, immediately upon the delivery of PnbUca- any tax list to the collector, publish a notice thereof in two of the vil- 8SS.^'*^ lage papers, designating some convenient phice where said collector Wbat. no- shall attend on Monday and Saturday of each week, for four snccessive ^Jlhi!^ weeks next after the delivery t^ Jiim of said tax roll and wan*ant, from nine o'clock in the morning till six o'clock in the afternoon, for the pur- pose of receiving said taxes. It shall be the duty of the collector, before receiving any warrant for Bond of the collection of money, to execute a bond to the boai*d of education, ^^•'•^tor. with two or more sureties to be approved by the said boai*d in such amount as they shall deem reasonable, conditioned for the due and Us eondi- faithful execution of the duties of his office. His jnrisdiction under ^^' this act shall extend to all the tenitory embittced in the said union CoUect- school district Also he shall have the same power to execute the war- af^/ou ^ rants delivered to him beyond the limits of the district as is given to defined. the collector of a school district by section eighty-five of the general school law of the State. § 12. It shall be the duty of the collector of the village of Ithaca, Dnty of after receiving any tax list from the board of edueation, to attend at collector the place and time designated by the board in their published notice, j^ reeetv- as provided by section eleven of this act, and i^ceive such taxes as may ^^ ^^^ be there and then tendered to him. He shall receive for his services on Peroon^ all sums paid in as aforesaid, and all dther sums paid before the expira- ^i^^ tioQ of four weeks after reoeivine such tax list and warrant, one per Uob- cent; on all sums collected by him after the expiration of the time mendoned he shall receive three per cent ; atid hi case a levy and sale Traveling shall be necessarily made by said collector, he shall be entitled to tnav- ^^' x^ya LAWS or new yoek* [Chap. in. elinff fees at the rate of ten oents per mile, to be computed from the academy or hieh school buildine of the village of Ithaca* CoRecton It shall be the dnty of the collector, before the expiration of his war- m(^7s*co ^^^^9 to P^y over all moneys received by him by virtue of its aathoritj. Tillage ' except his percentage of compensation; to the treasurer of the village of Ithaca, whose receipt shall be his sufficient voucher therefor. treaea- rere. Wben to He shall settle with the board of education, at their first regular ^^ monthly meeting after the final expiration of this warrant, and shall board of account to them for all moneys received by him upon the tax list tion?*" delivered to him. fteotion He shall also comply with section seventy*five, title seven, of the SSJeo?^' general school law, the same as is required of the collector of any other gdoer^ school district of the State ; in which case the board of education shall appUoa^^ credit him with the amount to which he shall be entitled by virtue of ^1^* the said section. Board of § 13. It shall be the duty of the board of education to proceed with tion'ehau ^^^ acooiint of the money so credited to the collector, the same as trua- aceono* tees are directed to do under like circumstances, by section seventy-six^ ^Son. ' ^itle seven, of the school law aforesaid. And, further, all the provisioua Certain of secdons Seven ty-seven, seventy-eight, seventy-nine and eighty of the ortho^**^ said title of the general school law shall have the same application to s^nerai the taxes of this union school district as to those of other school made ap^ districts of the State. pUoabie. The board of education shall also have the same power to sue for and collect any tax as is given by section eighty-six of the aforesaid article Yaeaner of the general school law to trustees of school distiicts. In case the ^^u^J^' office of collector shall become vacant by the death, resignation, refusal howflUei or inability of the incumbent to act, the board, by appointment, may till BoaM the vacancy for the nnexpired term. And the said board are empow- poiat%. o^d to appoint a collector at their organization who shall hola his *^^*^^M office until the second Tuesday in October, one thousand eight hun- SSI!" . dred and seventy-five. Araoant § 14. The amouut raised for teachers' wages and contingent expenses teaohen^^ shall not be less than two nor more than five times the amount appro- cm^o- pi*i&ted to said union district, or the several districts composing the gent eir. Same, from all the common sohbol funds of the State during the previous sUelTic. y^*^ ' ^^^ ^^^^^ *'^® amount raised in any one year for the purchase of Umitod. ' sites, erecting and repairing school-houses and the appurtenances, exceed three thousand dollars, except as herein otherwise provided for. AUmo- g 15. All moneys i^ised pursuant to the provisions of this act, and paid to all school monevs by law appropriated to or provided for said union tre^rar *^^^^^ district, shall be paid to the treasurer of the village of Itiiaca, "^^'^' who, together with the sureties upon his official bond, shall be account- Account- able therefor in the same manner as for other funds of said village, and thereibr. the board of trustees of said village, in fixing the amount of the treas- urer's sureties, shall include the moneys received by virtue of this act. Official The said treasurer shall be liable to the same penalties for official mis- dact? pen- conduct in relation to said money as for any similar misconduct in rela- aides. taon to other moneys of said village. Money* § 16. All moneys raised by virtue of this act, or received from any mon^a- otiher souroe, for the use of common, academic or high schools, in build- doi^or ingg therefor, shall be deposited with the treasurer for safe-keeping schools, thereof, to the credit of the board of education, until di'awn as hereia- whom ^^^ providtsd for, and the said treasurer shall keep the account of the and how fdnds thus deposited with, him sei)aa.*ate and distinct from any other deposited. f^^^Jg ^i^eh he is or may be authorized toreceive. Chap. 125.] . NINETY-SBVENTH SESSION. X^9 § 17. The treasarer of the village of Ithaca shall, at the proper time iretmmt in each year, draw upon the countjr treasurer or other proper officer for SJ^^^^ all moneys appropriated to said union district from the common school, ndys fropp iit^ratnre, or other fands of this State; and he is hereby authorized to f^dB. receiTe the same for the said union district, as provided for in tlie pre<»ding section. § 18. The treasurer shall pay out the moneys received by him by TreMnrw virtne of this act only upon drafts drawn bv the president imd coun- ont mt^^ terugned by the secretary of the board of education, whichs^rafts shall nevB ex- iiot be drawn except in pursuance of a resolution or resolutions of sai4 ur^arEJ^ board* and shall be payable to the person or persons entitled to receive ^^ f^- the money thereon, and shall state on what account said draft is drawn. The treasurer, when required to do so by the board of education, shall xreaAirer make to them a written statement of the moneys received and disbursed ^^nt of by him on their account, together with the amount in his hands at the moneys. time of such statement At the end of his official term he shall settle with the said boai'd of education, and pay to his successor in office, to the credit of the said board, all moneys remaining in his hands subject to their order. He shall be entitled to the same percentage for receiving his per- and paying out the moneys committed to his charge by virtue of this ^'entage. act as he is by law entitled to receive. His compensation for receiving and disbursing the moneys committed to his charge by virtue of this set shsJl be determined by the board of education. § 19. The board of education may cause a suit or suits to be prose- BoMd of cnted, in their corporate name, upon the official bond of the treasurer ^ay^^^ or any collector of said village, for any de&ult, delinquency or official «<^Qte |b misconduct in relation to the collection, safe-keeping and payment of namef any monev in this act mentioned. § 20. The said board of edvication shall have power, and it shall be pqwoiv their duty: St^^S* 1. To organise, establish and maintain such and so many schools in to orgu. said union school district, including the common schools now existing Jj^hooit. therein, and including also any acmlemy or high school, as they shaU deem requisite and expedient^ and to alter and discontinue the same. 2. To purchase and hire school-houses and rooms, lots or sites for sehooi i^ool-houses, and tp fence and improve them. ^tes^!^. 3. Upon such lots and sites owned by said village to build, enlarge, alter, improve and repair school-houses, out-houses and appurtenances as they may deem advisable. 4^ To purchase, exchange, improve and repair^school apparatus, books To pro- f'»®*^<*<>^*' official term, and the said board of education shall provide that each of said schools shall be visited by a committee of their number, at least onee in each term, who shall report, in writing to said board the Beoore, condition of each school, and make such suggestions as they may deem JJetfoS. proper. § 26. The schools organized under this act shall be fi'ee to all pupils sohoou be^een the ages of five and twenty-one years who are actual residents J^fd^mB. of said anion school district The board of education shall decide all qnestions of residence arising under this section. The said board may Rates of allow the children of non-residents to attend the schools of said district, ^*S*ee?5 and shall prescribe the rates for the tuition of such non-residents, pay- dent*. able always in advance. § 27. The said board of education shall be the trustees of the school Trtistees district library of said union district, and all the provisions of law <>'^*»*^*'y- which are now in force, or hereafter may be passed, relative to school district libraries, shall apply to said board of education in the same manner as if they were trustees of a school district. They shall be Their dis- vested with the same discretion as to the disposition of moueys, appro- ^'•^o**- priated by the laws of this State for the purchase of libi-aries, which is therein conferi'ed on the inhabitants of school districts, and they shall Thctr have power to purchase, exchange, repair or dispose of any books or p**^**"** other propertv of said library, or cause it to be done, and apply the proceeds to tne purchase of other books or appamtus; also to provide suitable rooms and furniture for said libi-ary ; and^ further, tliey Library may appropriate for the benefit of said library, out of the moneys JSaSon. annually raised in said district by the school tax, an amount not exceeding one hundred dollars, in addition to the library money received from the State. § 28. The title of the school-houses, sites, fumitui^, books, and all School other school property belonging to the districts in this act mentioned, 5JJ£,d1n fihail be vested in the union school district by this act created ; and the dutrict. same, while used or appropriated for school purposes, shall not be levied Notievia- on or sold by virtue of any warrant or execution, or other process, nor ajS^'^*" be subject to taxation for any purpose whatever ; and the said union District ecfaool district, in its corporate capacity, shall be competent to take, SJJ^ **^e hold and dispose of any real or pei-sonal estate transferred to it by grant, anrfner- gift, bequest or devise, for the use of the common schools or actulemy State, by of said union school district, whether the same be transferred in terms f*"^'^^*^ to said district by its proper style, or by any other designation, or to dertee! ^' any person or persons, or corporation, for the use of said schools or academy. § 29. It shall be the duty of the board of education, between the first AanTiai and fifteenth days of Octolier, of each year, to prepare and publish in one J^reoefpte or more of the newspapers printed in the village of Ithaca, a true and and dis- eorrect statement of the receipts and disbursements under the provisions m*^\o .146 LAWS OF ^EW y.OjRK: |[<3hap. l«k be pnb. of thifi act for the preceding year, ending September thirtieth, in which ^^' account shall be stated unoer appropriate heads: What 1. The money raised by the board of education under the tenth ImSTS^I section of this act tHin. 2. The school moneys received by the treasurer of the Tillage from the county treasurer. 3. The moneys received by the treasu^r of th^ village under the tenth section of this act t 4. All other moneys received by the said treasurer, subject to the order of the board of education, specifying the sources from which they shall have been derived. 5. The manner in which such sums of money shall have beeu expended, specifying the amount under each head of expenditures, and the person or persons to whom the money has been paid. 6. Such other information as they shall deem proper in regard to the condition of the schools under their care. Catar g 30b The board of education may, whenever they think proper^ logne. prepare and publish a catalogue of any school or schools under their care, together with such other information as they may deem for the best interests of said schools. Esdstiiiff § 31. The various school district officers in each of the districts herein Macw, embraced shall terminate whenever this act shall take effect; and the ^f ^'ted^ board of education shall be chosen and organized and shall enter upon ™ "* ' the duties of their office, except as herem otherwise provided. The Trostees trustees and collector in each district shall retain the power now by law fe^ton\ii vested in such officers, until they, by due diligence, shall have closed sach dis- up all the unsettled business of their various districts and discharged toin^tbeir' i^l the indebtedness thereof, and for such purpose shall, if necessary^ powerafor call meetiuffs of all the inhabitants of such district, and when voted at pnrpowfl. a legally called meeting, shall levy and collect a tax sufficient to liquU Coiittnii9- date such indebtedness.- Nothing in this section contained shall be 'ion. construed to annul or interfere with the jurisdiction of school district officers over any territory or parts of school districts lying outside the boundaries of said union school district, as defined in the first seotiojui of this act Dafyor § 32. It shall be the duty of the clerk of the village, immediately notify^tn- *fter the election or appointment of any person to any office mentioned cer of his in this act, personally or in writing to notify him of his election or eeo on. appointment, and any person who, without sufficient cause, shall refuse PoBiat?^ to serve therein shall forfeit the sum of ten dollars; and every pei^aoa S*8€iTo*^ so elected or appointed, and not having refused to accept, who shall neglect to discharge the duties of such office, shall forfeit the sum of Pro6e«o- twenty dollars to said board of education. It shall be the duty of the fbrftitares ^'^ board of education, forthwith, to prosecute for all forfeitures and and pen. penalties under this act, when voluntary payment is refused; and when, aities. received to apply the same to the purpose of education in said district omeen AH officers meutioncji in this act shall be deemed public officers, withia in'thU Mt ^^^ intent and meaning of section thirty-eight of title six of chapter deemed one, part four of tlie Bevised Statutes, and, as such, liable to the peuid- oflieen. ties therein prescribed, in addition to the penalty in this section before provided. Snperin. § 33. The board of education may, when they shall deem it advisable, ^^^^' appoint a superintendent of schools for the said union school district, who may, ex officio, be secretary of said board. He shall be under the direction of the board of education, and they shall prescribe his general Hisdntiea. duties, (u addition to such other duties as may be devolved upon bin^ ikAT.U7.] NXNETY-SBVENTH 8BSSI0N. 14,7 S' ihe board, in the yisitatioa and saporintendenoe of the soboola, be all examine the qualifications of teachers, and grant certificates in SQch manner and form as may be prescribed by the State Superinten- dent; which shall not be in force longer than a year, and which may at anytime be revoked by the board ot education. He shall be paid aHisaaUi- salary out of the general fund, to be fixed by tlie board of education, ^^' aod Biay be removed from office by the vote of a majority of all the members of said board. § 34 All former or existing acts or parts of acts conflicting or incon- BepeaL sisteat with the provisions of this act are hei*eby repealed so iar as they affect this act ; out nothing in this act shall be so construed to limit, restrain or annul the powers of the Superintendent of Public Instruc- tioD. In all matters of dispute, which shall be referred to him by Pocisioi^ app^l, and which shall arise under and by virtue of this act, or under roi!^. aod by virtue of any other act which is now, or shall hereafter be, appli- tondent cable to the achooLa, school officers or school property of or in said district, his decisions or orders shall be final and binding. § 35. This act shall take effect iaunediately. Chap. 126. a AN ACT to amend an act entitled " An act to authorize the buisinesB of banking,** passed April eighteenth, eigh- teen hundred and thirty-eight. Passed April 6, 1874. The People of tJie State of New Tork, represented in Senate and AjuaMyy do enact as foOows : SscnoK 1. The fifteenth section of the act entitled '^ An act to aathorize the business of banking," passed April eighteenth, eighteen ikondred and thirty-eight, is hereby amended so as to read as follows : § 15. Any nnmber of persons may associate to establish offices of Offices of discouat, deposit and circulation, upon the terms and conditions, and ^JJ^I^TOay sabject to the liabilities prescribed in this act, and the acts amendatory be'estab- thereof ; but the aggregate amount of the capital stock of any such asso- ^^^^' ciation or bank shall not be less than one hundred thousand dollars ; Amonnt provided, however, that banks with a capital of not less than fifty thou- ^p***^- »ad dollars may, with the consent and approval of the Superintendent of the Banking Department, be organized in any village or place, the pQpQlation of which does not exceed six thousand inhabitants. $ % This act shall take effect immediately. Chap. 127. AN ACT to amend an act entitled ^' An act in relation to lands of which parties die seized/' passed May twenty- first, eighteen hundred and seventy-three. Parsed April 6^ 1874 ; three*fiftbs being present. The People of the Siate qf New Tork^ represented in Senate and ^^emtty^ do enact nsfoUows : SfiCTioisr 1. Section two of an act entitled ^'An act in relation to lands of which parties die seixed/' passed May twenty-first, eighteen 14=iB LAWS OF NEW YOEK. [Chap. 12«. hundred and seventy-three, is hereby amended so as to read as fol- lows: AAdATit § 2. Such affidavit, when so made, shall be pi^esented to the snrrogate ?aw*to ^^f the county in which such real estate is situated, and said euiTogate presented may, in his discretion, examine any witness or witnesses, under oath, as ^te."^ to the truth of the matters in such aifidavit stated, and, upon being Certificate Satisfied of the trath of all such matters, shall indorse upon such affi- dorsad?' davit his certificate thereof, and thereupon the said affidavit thus AifidavUs indorsed, together with the proof so taken, shall be recorded in the Sflcatea county clerk's office of the county or counties where such lands are situ- to be re- ated, unless there be a register's office in such county, in which case corded. ^^^ ^^^ g^^^ll ^ recoixied in such registei-'s offioe in the same book and Svidenee. manner as deeds are now recorded; and from the date of such reoord, said affidavit, record and proof shall be taken and regarded in all courts and legal proceedings in this state, in res^iect to the succession of such real estate, as presumptive evidence of the facts thei*eiu contained, and by this act required to be stated. § 2. This act shall take effect immediately. Chap. 128. AN ACT to authorize the common council of the city of Bingham ton to purchase land for a cemetery and a pub- lic parky in or outside of the limits of the city of Bing- hamton, and to lay out the same. Passed April 6, 1874 ; three-fifths being present. The People of the State of Neto York, represented in Senate and AssenMyj do enact as follows: Common Segtiok 1. The commou council of the city of Binghamton shall aiitJior^ have power, and they are hereby authorized to borrow such sum of ized to money as they may deem necessary, not exceeding seventeen thousand monoy^ dollars, upon the coiporatioii bonds of said city, at a rate of interest not exceeding seven per cent, per annum, and upon a term of credit not Cemetery, exceeding six years. An amount, not exceeding nine thousand dollars of the amount to be raised, is to be used for the purpose of p^rchasin^ Fork. land for cemetery purposes. An amount, not exceeding eight thousand dollars of the amount to be raised, is to be used for the purpose of pur- chasing land for a public park ; the title to the land purchased shall Bonds, be vested in the city of Binghamton. Said bonds shall be issued for entod and ^^ res^iective amounts and puiposes, and shall be signed bv the mayor attented. of said city, and attested by the city olerk, uader the official seal of said When and city ; Said bonds shall bear such elate, and be payable in such amounts, iw^nntB ^ ^^ common council may determine, but not exceeding three thou- payable. . saud dollars of the principal sum thereof shall become due in any one year, and no bonds issued in pursuance of this act shall be sold at less than their par value, lien. § 2. Said bonds, principal and interest, shall be a lien upon all of the taxable property of said city, real and personal, and such property is hereby pledged for their payment ; and the amount required to meet the annual interest and the installment of principal, as they shall become due, shall be levied and collected from the taxable property of said city, as other city taxes are levied and collected* CHiP. 128,] NINETr.SEVENTH SESSION, 14^ § 3. The common conncil shall have power to govern and manage Powen sach oanetery and park ; to lay oat and regulate the same ; to pass common oidinanoes for 8uoh government and regulation ; to employ a superin- conucu tendenty civil engineer, or landscape gardener or keeper, and such other ^rv^nnd p^son or peraons as may be necessary for the proper laying out and ^^^k management of the cemetery and park ; and they may dii-ect the super- saporin- inrenuent of streets and city property to manage and supervise such gJJ^^^'JJJ*®^ cemetery and park, and define their respective duties, and have author- ity to fix the amount of their compensation, and generally, in regard to compoii* aid cemetery and park, they shall possess all the power and authority **''^"- now conferred upon the conunou council in respect to city property, and all persons offending against the ordinances that may be passed for Misde- the reflation and management of the cemetery "and park shall be "*«»«*<>»• deemed gnilty of misdemeanor, and be liable to be punished, on convic- tion before the recorder or any magistrate of sard city having jurisdic- tion, by a fine not exceeding fifty dollars or by imprisonment not exceeding thirty days, or both. § 4. The common council shall have the power and authority to dis- cemeteiy pose of cemetery lots, at such price and on such terms as they may ^^^»»««*« aetermine, and the moneys i-eceived for the sale of lots shall be paid to the city treasurer, and a separate account kept by him. The mayor conrey and clerk of said city shall execnte all conveyances authorized under this *"'*•*• iet and by the said conncil. The moneys received by the city for the Prooeeds, ade of lote, and paid to the treasurer, may be used in ornamenting said Jsod.*^ ^ eemetery and in laying out avenues thei-ein, and in constructing approached, and such other expenditure as may be necessary for the care and protection of the grounds, and for the erection of a lodge, or a keepert boose, gates, tool-house and vault, for the temporary reception of tbe-dead. And in case the funds arising tvom the sale of lots exceed sarpim the k^ttimate necessary expenditures connected therewith, the common S!^w1»p- oonncil mav, at any time, apply any and all 6ui*plns of money arising pUed. from the sale of cemetery lots in paying off any of the bonded indebted- ness of said cit^, as the debts become due, as they may determine. § 5. The police department of the city of Binghamton shall be held PoUco to extend over the entire area of the cemetery and park herein provided 2font** for, and one or more policemen may be detailed to aid in preserving order and restraining offendera, as the common oonnoil may determine or direct, the chief of police to assign to that duty. § 6. No expenditure of money, in or about the cemetery or park, shall Expend!- be made, unless authorized by the common council at a meeting of the JJ^^f Ixttrd. And all persons employed by the common council, except the ^^.""j officers regularly appointed under the charter of said city, shall hold **"* ' their places of office or dnty at the discretion of the common council. § 7. As soon after the passage of this act as two-thirds of the mem- SMciai hers of the common conncil of said city shall so determine by resolution, f jf^i^"^* the said common council shall order a special election, at which the to be wb- question shall be submitted, whether the tax authorized for the purpose ™^^*^^ aforesaid shall be levied and collected from the city, as in this act pro* ^ded; and the said common council shall not proceed to make the purchase of land and to carry out the provisions of this act, except to obtain the terms upon which land can be purchased for the purposes berein designed, nor shall said mayor or clerk sign said bonds unless oonditioii the majority of the voters voting at sueh special election shall vote in Sonds!^"' &vor of said tax* Notioe of such special election shall be given, and the Notion er . sune shall be held and conducted, and the votes given thereat canvassed, ^^|^, u^ a certificate made and filed, according to the pro^'i8ion8 of title 160 LAWS OP NEW YOBK. ' [Chap. 180: thirt^n af the act incorporating said city, so tsar as the same may be Qaaiiflca- applicable ; and any person authorized by said title thirteen to vote at Toton. A special election, and no other, shall be entitled to vote at sneh special election. If, upon the canvass of the votes cast at such election, it shall appear that the majority of the votes were " For special tax," the com- mon council shall be authorized to carry oat the duty imposed upoa them by this act § 8. This act shall take effect immediately. Chap. 129. AN ACT to legalize the acts of John H. Mattice, as justice of the peace of the town of Broome, in the county of , Schoharie. Passed April 6, 1874 ; three-fifths being present. T?ie People of the State of New Yorky represented in Senate and Assembly y do enact as follows : om«iai Seotiok 1. All procceedings and official acts of John EL Matties of STed/**^**" the town of Broome, in the county of Schoharie, as justice of the peace^ since the first day of January, eighteen hundred and seventy-two, are hereby legalized and con&rmed, and shall be deemed of the same force and validity as if the said John H. Mattice had duly taken the oath of office as justice of the peace. Official § 2. The said John H. Mattice is hereby authorized to take the oath of office prescribed by law within twenty days from the passage of this act, and which shall be as valid as if taken within the time now pre* scribed by law. Nothing herein contained shall affect any action or proceeding now pending in any court of this State. § 3. This act shall take effect immediately. •atb. Chap. 130. AN ACT authorizing the supervisor of the town of Kian- tone, in the county of Chautauqua, to convey to the Maple Grove Cemetery Association the lands now held by the said town, and used for cemetery purposes. Passed April 6, 1874; three-fifths being pi'esent. The People of the State of New Torkf represented in Senate and Assembly f do enact as follows : stiperrf- Sbctioit 1. The supervisor of the town of Kiantone, in the county rSed to**^ of Ohautauqna, is hereby authorized, upon the written conseirt of a convey majority of the legal voters of said town, to convey to the Maple Orove ^^^^ Oemetery Association, an association formed in said town under the act the Maple pngged April twenty-seventh, eighteen hundred and forty-seven, entitled meterviw. ^^ An act authorizing the incorporation of rural oemetery associations,^ '<^^'^^'^' and the several acts amending the same, those certain pieces of parcels of land of which the said town or its supervisor is now seized, and which FnndHto are used and occupied for cemetery purposes; and when such convey- •ertetory*^ anoe shall have been duly made, the said pieces or parcels of land shall pnrpoM^ be thereafter held, but for cemetery purposes only^ by the said assooia* (kiF. 131.] NTNETY-SEVENTH SESSION. 151 tion for the benefifc of the inhabitants of said town, and the members of asid association, and shall be subject t^ the matagement and conti*ol of the trustees and officers of the said association. § 2. This act shall take effect imm^ately. Chap. 131. AN ACT to ratify and confirm the proceedings to incor- porate the religious society known as '* The Rector, Churchwardens and Vestrymen of the Church of the^ Heavenly Rest," in the city and county of New York, and to legalize and confirm its acts. Passed April 6, 1874; three-fifths being present* lite People of the State of New Tork, represented in Senate and AssenMyy do enact a^fcUotba : Section 1. The certificate of the incorporation of "The Beotori cort»- Churchwardens and Vestrymen of the Church of the Heavenly Rest,'' ^^^l^' in the city and county of New York, filed and recorded in the oflSce of tion de- the clerk of the city and county of New York, on the thirtieth day of ylSil? May, eighteen hundred and sixty-eight, is hereby declared to be vaJid md effectual to incorporate the said church, and the said church is hereby declared to be duly incorporated as a religious society in com- munion with the Protestant Episcopal Church in this State, under the name aforesaid, and to have invested said church, as and from that date, with all the powers and privileges, and subject to all the liabilities of incorporated religious societies, iu communion with the Protestant Episcopal Church in this State. § 2. All acts and proceedings of the said church, under said certifi- Acts of cate of incorporation, including the convevance made by it and recorded ^g|^ in the office of the register of the city and county of New York, on the and con- fifteenth day of July, eighteen himared and seventy, in liber eleven.*™**^ hundred and thirty-seven of conveyances, at page four hundred and ten, aure and each of them hereby is ratified and confirmed and declared to be in all respects valid and effectual, and all the real and personal Title oon- estate whatsoever, now belonging to, and owned and possessed by, said tinned, ehurch ia hereby vested in. said church as fully and completely as if the laid church had been duly incorporated in accordance with the laws of this State for the incorporation of religious societies in connection with the Protestant Episcopal Church in this State, at the time of said acts and proceedings, and of the purchase and sale of said real and personal estate as aforesaid. No tiling herein contiuned shall afiect any rights proyiBo. vested or actions or proceedings commenced before the passage of this act. §3. This aet shall take effect immediately. LAWS OF NEW YORK. [CbAP. 132. Chap. 13Q. AN ACT to confirm and validate the agreement heretofore made between " The Society of the Church of the Puri- tans " and " The Secoud Presbyterian^ Church of Harlem," to become one organization. Parsed April 7, 1674. . ThB Peofle of the Stats by the recording of a certificate in due form, and duly acknowl- thesecond edged in the office of the register of the dty and county of Ne¥r York, ^a?^^^' in liber number two of reli^ous incorporations, page one hundred and church of one, and " The Second Presbyterian Church of Harlem/' incorporated ?ntho? by that name or title on the fourteenth day of December, eighteen hun- ^®j^ to dred and seventy-one, by the recording of a certificate in due form, and duly acknowledged in the office of the said register, in said liber num. her two, page three hundred and fourteen, may, in pursuance of the agreement heretofore made between the said corporations, unite together Condition, and become one body corporate, in case the trustees of the said '^ The Sodety of the Church of the Puritans," or a majority of them, and the trustees of the said " The Second Presbyterian Church of Harlem,*' or Cextiii- a majority of them, shall, respectively, within thirty days after the pas- be^sde ^^^ ^^ ^^^ ^' niake and sign a certificate that the society or church and they represent accepts and adopts the provisions of this act, and acknowl- edgod7 " edges the execution thereof before an officer^Whorized to take the Corfciii- acknowledgment of deeds. Such certificate shall Doth be recorded in recorded* the liber of religious incorporations, in the office of the said register, who shall thereupon enter in the margin of the said certificates hereto- fore recorded, that the church or socieify therein mentioned has been united with another church or society under the provisions of this act Corpora- ^ 2. Ui)on the recording, as directed by the fljrst section of this act, of perfboted. the two certificates thereby authorized, signed and acknowledged as therein provided, the said " The Societj^ of the Church of the Puritans " and the said " The Second Presbyterian Church of Harlem " shall be Corporate and beoome one corporate body, by the name or title of " The Society nAme. ^f ^^^ Church of the Puritans," and by that name or title, and none other, shall thereupon be called and known, and the separate existence of each of the saia two incorporations shall then cease and determine. The present members of the said ^' The Second Presbyterian Church of Harlem,*' and their successors, shall be the members of ^' The Society of the Church of the Puritans,'* as the same shall thenceforth exist ; and MiniBterB the present minister and trustees of the said *^ The Second Presbyterian J^.***™*' Church of Harlem " shall be the minister and trustees of " The Sodeiy of the Church of the Puritans " as the same shall thenceforth exist, until others shall be selected at the times and in the manner now provided in respect to the said '' The Second Presbyterian Church of Harlena,** Fatare ae- and all future selections of such minister and trustees shall be at such thereSt times and in such manner, except as such times and manner may there* after be lawfully changed by ** The Society of the Church of the Pun. Charch tans.** All the property, real and personal, of the said ** The Society property, ^f ^^ ChuTch of the Puritans," and of the said " The Second Presbyte. Chap. 133.] NINETYSEVENTH SESSION. 163 rian Church of Harlem," shall be and become the prox)eTty of " The ' Sodety of the Church of the PuritaoB," as the same shall thenceforth exist, provided that all existing mortgages and other liens and charges ah ezist- upon any property of either of the said incorporations shall be and ^^,4?^ remain valid hens thereon, except that the mortgage given by the said valid. ** The Second Presbyterian Church of Harlem " to the said " The Society Exoep- of the Church of the Puritans " shall be satisfied and discharged. And ^^^'^' by virtue of the making and recording of the certificates authorized by this act, the provisions of this act shall thereupon and ti^enceforth be deemed and held to be a contract between the said incorporations. \ 3. The said " The Society of the Church of the Puritans," as formed Liability under the provisions of this act, shall be liable for all the debts and lia- cJrooTa- failities of the former corporations, in the same manner and as efifectu- Uon. ally BS if said debts or liabilities hsid been contracted or incurred by it. And any action or proceding now pending against either of said cor- Pending porations may be continued against the new corporation, which shall ^^'^o^- be liable to tiie same extent as was the corporation against which the action or proceeding was first commenced. ^ 4. " The Society of the Church of the Puritans," as thereafter exist- Annual ing, shall provide and set apart, yearly, the sum of eight hundred and i^S^^ foTtj dollars, which shall be applied in such manner as shall be directed by tiie said society, for the delivery in each year of a course of lectures upon the evidences of Christianity. ^ 5. This act shall take effect immediately. Cliap. 133. AN ACT to authorize the village of Albion to raise money by tax to complete the new village hall. Passed April 7, 1814 ; three-fifths being present. The People of tJie State of New Yorky represented in Senate and AsaenMpf do enact asfoUotca: Section 1. The legal voters and taxable inhabitants of the village Legal to of Albion are hereby authorized to raise a sum of money not exceeding ^Se™*^ seven thousand dollars, in addition to the amount for that purpose now money. authorized by law, at the next, or any succeeding annual meeting, or at any special meeting called subsequent to the regular annual meeting fixr the pvesent year, to complete the new village nail now in process of erection, and to pay for the lot on which the same stands. 1 2. Before the tax mentioned in section one of this act shall be voted Notice. tar as aforesaid, a notice of the time and place of holding any meeting for that purpose, must be published by order of the trustees of saia village, and signed by the president, for at least two weeks immediately preoeiding the time of holding the same, in the new8pax)ers published in said village, stating that the legal voters and tax-payers will vote for or against the tax, specifying the object and stating the amount to be raised, the time of opening and closing the x>olls, and submitting a resolution in the follovring form : ^Resolved, That the sum of seven thousand dollars, in addition to Form of the amount now authorized by law, be raised by tax for the purpose of £S!?^to be completing the new village hall, and to pay for the lot on which the submittod. aame now stands." 11 154: LAWS OF NEW YORK. [Chap. 134. BaUotB. The vote shall be taken by ballot, which shall have printed, or partly ^ written and 'psMj printed on the inside, the words, " For the resolu- tion " or ^'Against the resolution," and be deposited in a box to be inspec- labeled ** village tax." Said ballots shall be canvassed, and certified *®"" returns made tnereof by the inspectors of said vote to the trustees of said village. The trustees of said village shall appoint three x)er8ons to act as inspectors of said vote, who shall canvass the same, and have the same power and authority, and be governed by the same lawB in all respects, so far as the same may be applicable thereto, as inspectors of elections in towns. If a majority of the ballots cast shall contain the words '^ For the resolution," then the said trustees shall have the power and shall proceed to levy, assess and collect the said sum of seven thousand dollars, upon the persons and property in said village liable to taxation, and the same shall be assessed, levied and collected Qaaiifica- in the Same manner as other village taxes. No x)erson shall be entitled voters^f to vote at Said meeting who is not a legal voter in said village at the time, or whose name is not on the last assessment roll of the village or who has not 'paid a tax on real or personal property assessed to him thereon. The polls for the vote aK)resaid shall be ox)ened at seven o'clock p. M., and kept open until nine o'clock p. m. of the day specified in said notice. The canvass of the ballots shall take place immediately after the close of the polls and shall be public The inspectors of said vote shall be entitled to receive the same compensation for their ser- vices as inspectors of elections of towns, and the same shall be paid by said village. ^ 3. This act shall take effect immediately. Chap. 134:. AN ACT to provide for a lease of land to the Samaritan Home for the Aged of the City of New York. Passed April 8, 1874 ; three-fifths being present. The People of the State of New Tork^ represented in Senate and Assembly y do enact as f Mows: Anthority SECTION 1. The conmussioners of the sinking fund of the dty of New to lease. York are hereby authorized to lease to the l^maritan Home for the Aged of the dty of New York, a x>arcel of ground belonging to the said dty of New York, bounded easterly by Thi^ avenue, westerly by a line parallel with and distant eighty feet westerly therefrom, southerly by Sixty-sixth street, and northerly by tSixty-seventh street, for the chaoi. Condi- table purposes of the said home, upon such terms and conditions and terms d ^^^ **^^^ * ij&rm of years, and at such an annual rent as the other por- annaai tions of the Said block of ground between Third and Lexington avenues "^^ and Sixty-sixth and Sixty-seventh streets have heretofore been leased to other charitable institutions. \ 2. This act shall take effect immediately. Chap. 135.] NINETY-SEVENTH SESSION. Chap. 135. AN ACT to amend the charter of the village of Fairport, in the county of Monroe. Passed April 8, 1814 ; tbree-fifths being present The People of the State of New York, represented in Senate and AsaenMyy do enact as follows: Section 1. The title of an act entitled ''An act to amend the incorpo- ration of the village of Fairport, in the county of Monroe, passed April twelfth, eighteen hundred and sixty-seven," is hereby amended 80 as to read as follows : "An act to incorporate the village of Fairport, in the county of Monroe." \ 2. Section two of an act entitled "An act to amend an act entitled 'An act to amend the incorporation of the village of Fairport, in the county of Monroe,' " passed April twelfth, eighteen hundred and sixty- seven, passed April twenty-seventh, eighteen hundred and sixty-nine, is hereby amended so as to read as follows : \ 2. Section forty-one of said act is hereby amended so as to read as foAows: \ 41. The trustees shall have jurisdiction and control over all the Jnrfsdic- drains, ditches and sewers in the street within said village, and they ^uage shall have power to construct new sewers within the streets in said vil- tnwteee lage; enlarge and keep in repair any such drain, ditch or sewer, or any streets, pwt thereof, -when by them deemed necessary, and from time to time Jjf**^*'. cleanse or cause the same or any part thereof to be done, and in their discretion they may defray the expenses thereof out of the highway fund, or other moneys belonging to said village not otherwise appropri- ated, or they may defray a part of such expenses out of the highway fund, or moneys not otherwise appropriated, and assess the l^lance upon any premises that shall be deemed benefited thereby, or they may asBeas the whole of any such exi)ense upon any premises that shall be deemed benefited thereby, and whenever any such assessment shall be AeroaflorB, necessary, it shall be the duty of the assessors, when notified by the ^°*^ **'* trustees, to examine the premises deemed to have been or to be bene- fited by any such drain, ditch or sewer, and assess the same upon any such premises according to the ratio of benefits received, and such aaeesament shall be levied and collected in the same manner as pro- vided in the charter of said village in relation to sidewalks or other taxes. They may also, in their discretion, require the owners or occu- Rejairing pants of any land, whereon any drain, ditch or sewer shall be, from fng of *'*'^' time to time to repair and cleanse the same upon their respective ditehes, premises as shall be directed by the trustees, ana in default thereof, ^' said trustees may cause it to be done, and assess and collect the expenses thereof in the same manner as is provided in respect to side- walks, or they may sue the owner or occupants of said premises for the same in the corporate name of the village. The said trustees may dis- continue any drain, ditch or sewer in said village, or any part thereof, at their discretion. ^ 3. The s^d village shall constitute a separate highway district viua«e to within its corporate Umits exempt from the superintendence of any Ste rowT except the board of trustees, who shall be commissioners of highways osting thereof, will meet and hear any objection that may be made to the taking of such land, or making such improvement, a copy of which notice must be served on the owner or owners of such land at least five days before said meeting, unless said owner is a non-resi- dent of such village, in which case said notice and description must be deposited in the said village post-office, directed to said owner, at least Hearing twenty days before such meeting. Any person interested may be bow^^of heard ,and introduce testimony before the board of trustees as to the trustees, matter, on the day specified in the notice, or on such other days as the board may appoint. After such hearing the trustees may deny the petition, or approve and declare by resolution, to be entered in their minutes, their intention to make the said improvements, and proceed to obtain possession of the lands described in the manner provided by this act Proceed ^ 4. Whenever any road, avenue, street, lane or sidewalk is opened teSnine^^ Or altered, the damages claimed by reason thereof may be determined for"talin ^^ agreement between the board of trustees and the persons claiming lands for ^ such damages ; but in case the damages are not so determined or ^^^' released, the board shall, on being notified by the president as in case of a special meeting or at a regular meeting, meet and cause a jury of six freeholders to be summoned to determine and award said damages. Five days' notice of the time and place of such meeting shall be given to the owner or owners of such lands, if residents of the village, and if not such residents, then notice shall be sent ten days before such meeting by mail, directed to the place of residence, if known, of such non-residents ; the jury shall be sworn to faithfully and imx)artiaJ]y execute their duty ; shall examine the premises, hear the proofis and allegations of the parties and reduce the testimony to writing, if any is taken ; and they shall determine and award to the owner or owners of such lands such damages as they will sustain by the proposed alteration or improvement that, after making allowances for any benefit which the said owner or owners may derive therefrom. The determination and award of the jury shall be signed by them and filed in the office of the village clerk and a copy served on the persons entitled to such award. If no appeal is made vdthin twenty days * So in original. Chap. 135.] NINETY-SEVENTH SESSION, 157 fiom {he time of sach service, the determination and award of such if no ap- jurj shall be final and oonclosive on all X)er8ons interested. A copy l^^ j^ of such awardy certified by the clerk under seal of the village, shall ^ flnai. evidence of the same in all courts and places, and all actions and pro- oeedinra. \ 5. No tniatee who is interested in any lands taken for such alter. Tmstee atioa or i]npax>veiiient shall act with the trustees when sitting as a board e^^*^^ 'i;^ to determine the damages or to summon the^ to award cbmages for act. taking soch land. ^ 6. Any person interested therein may, witliin twenty days after Appoai, notice of the a^^ard of the jury, appeal from such award, by petition Sf^Sn. to the county judge of the county where such village is situated, pray, log for the appointment of three commissioners residing in such county to leview said award of said jury. The person appealing shall execute a bond to the village, in its corporate name, in the penal sum of two handled and fifty dollars, with two sureties, who shall justify in twice the amount, conditioned for the payment of the fees of the said com- nuamoners and costs of appeal, in case the award of the jury shall not be increased twenty dollars by said commissioners to each party appeal- ing. Filing auch bond with and serving a copy of said petition, with a notice of the time when, and the place where, the same will be pre- sented to the said jud^ or the village clerk, shall ox)erate as a stay of proceedings until the decision of the commissioners thereon. All X)er. sons appealing &om the award of the jury for damages as to one single and continuous alteration of improvement, shall join in one petition and may execute a joint and several bond in two hundred and fifty dollars, with sureties, and conditioned as hereinbefore mentioned ; and there shall be -but one board of three commissioners appointed to review the award of such jury. At the time mentioned in the notice, and when the commis^oners Commis. are appointed, any x>erson may be heard in Ihe matter. The said judge be ap^ ^^ shall, on hearing the parties, appoint three disinterested electors as pointed to cammissioners reedding in said county, but not in the village, to review imiuX the award of said jury, and determine and award the damages of the person or persons appealing. Immediate notice shall be given by some of the persons apx)ealing to the persons designated as commissioners, and if any one declines, or is disqualified, the judge shall appoint some disinterested person, an elector, residing in said county, but not in the village, to fill the vacancy. Said commissioners shall meet at such vil- Dndes lage within ten days after being notified of their appointment. They S5?o?^^" shall give the president of the village five days' notice of the time and commia- plaoe of their meeting ; shall be sworn to do their duty ; shall have " ^°^"' XK>wer to compel attendance of witnesses by subpoena ; ^11 examine the premises and hear the proofs and allegations of the parties, and shall award such damages to the parties appealing as they shall deem just The award of the commissioners shall be signed by them, and be Their returned to the president of the village within fifteen days after the first ^^^^' meeting of the commissioners, and shall be filed with the clerk. Said award shall be final and conclusiye on all persons interested, and the board of trustees may thereupon take possession of the land and make the said alteration or improvement. On declaring the award, the commissioners shall each be paid by the Thoir treasurer of the village three dollars per day for their services, and the saSlm.''* amount so paid shall be collected by suit, if not otherwise paid, with — ■ ' ' ■ ' ' ,— * So in original. 158 LAWS OF NEW YORK [Chap. 136. other prox)6r exx)endituTes made bj and for the village in and about such appeal, on the bond referred to in this section, given by the per. son or persons appealing, in case the X)er8on or persons appealing are liable to "pAj the costs of the appeal under the provisions of this act Gnardian In all cases of appeal under this section, the judge to whom the apx)eal uinatic*'**' ^ made shall, by order, appoint guardians for any infant, lunatic or or idiot, idiot interested in said proceedings. Amonntof § 7. Whenever a final award is made for damages sustained by reason awarded, ^^ making such alteration or improvement, the persons acting as assess- to be us- ' ors may, within twenty days thereafter, assess the amount of such dam- ^^^ ' ages upon the estates, real and personal, in said village, and make out an assessment roll of such damages, which assessment roll shall be signed by the president and filed with the clerk, and be collected in the same Award, manner as the annual tax is collected ; and the trustees shall, within payable. ^^^ 7^^ ^^ ^^^ ^^^ ^^ ^^^^ ^^ award, pay or tender the amount of such damage to the x>6r8ons to whom the same* shall have been Award awarded ; and in c^ase such owner shall refuse the same, or be unknown, p^d to ^' * non-resident of said village, idiot or lunatic, or the rights and connty interests of persons claiming the same shall be doubtful, it shall in such when!™^' cases be lawful for the b(»rd of trustees to pay the amount of such damages to the county treasurer of the county where said lands are situated, for the benefit of such person or persons as may be entitled to the same, accompanied by the statement of the facts under which sudi X)ayment was made. The board of trustees shall cause the clerk of such village to make an entry in the village records of the money deposited, stating amount of the names^ of the x>axties by the awards declared to be entitled to the same. On the proper person or persons being ascertained who are entitled to receive such money, the president of the village is authorized to draw an order on said county treasurer, countersigned by the clerk, and payable to the order of the person or x)er- sons entitled to such moneyj for the amount due such person or persons. § 8. Sections forty-one, forty-three, forty-four and forty-five of the act hereby amended, and all provisions thereof inconsistent with this act, are hereby repealed. Chap. 136. AN ACT to incorporate " The Herkimer and Middleville Stone Road." Passed April 8, 1874 The People of the State of New Torhy represented in Senate and Aeaeniblyy do efiaat aefoUotos : Section 1. Dean Burgess, Peter Countryman, Samuel Earl, Henry D. Ellison and Bela Palmer are hereby created a Ixxiy corporate, under the ^nwra. j^^Q Qf « rpijg Herkimer and Middleville Stone Road," for the purpose of improving and keeping in repair the public road leading from the S^™*^ village of Herkimer to Middleville, in the county of Herkimer. ^ 2. Said corporation shall take charge of the said road from the hydraulic canal in the village of Herkimer to the West Canada creek S^ora^^ bridge in Middleville, and shall have all the rights in and over the said tion over road which commissioners of highways have in and over public roads '^ * under their charge, and it .sh^U improve and at all times keep the said road in good repair and condition for public Imvel, so iiar as the means To be kept In reiMur. •So in original. Chap. 136.] NINETY-SEVENTH SESSION 159 at its oommand will permit ; except that the two bridges now over the Bridm West Canada creek, on the line of said road, shall, as heretofore, be clSSiada^ maintained and kept in repair by the commissioners of highways of creek, the lespectiye towns in which they are located. ^ 3. For the purpose of realizing the funds to improve and keep the Toil gates, said road in re{)air, the^said corporation may erect and keep upon JUfre an- the line of said road one or more toll gates, at which it may t^e toll thoricedJ fiom all persons driving horses, vehicles or animals upon said road, BQch toll in no caae to exceed the rate authorized to be charged and Rates of taken by turnpike companies by the general laws of the Sta&. The ^^- lates of tolls shall be so regulated that the aggregate amount taken Aggre- fihall not exceed the amount of fUnds necessary to pay the ordinary f^^oant of expenses of the corporation and to improve and keep the said road in toils, repair ; and in case any person shall feel aggrieved by the rate of toll Griev- teien, he may make complaint in writing to the county judge of Her- *"®"* kimer county, who shall cause notice thereof to be given to the said oofporation ; and after hearing the parties if he shall be of the opinion Countj that such rate is too high for the purposes contemplated by this act, he i5??at?*^ may leduce the same and establi^ a rate which shall regulate the toll of tou. to be taken for the ensuing year. ( 4 The same persons are exempt from paying toll upon said road Exemp- asaie by law exempt from paying toll upon turnpike roads ; and every ^*^'^" person who shall willfully break or throw down any toll gate on said Breakinflr road, and every person who shall forcibly or fraudulently pass such gate gJtos/SS. without having paid the regular toll shall, ifor each offense, forfeit to eaid corporation the sum of ten dollars in addition to the damages Penalty, resulti^ from his wrongful act. \ 5. The said corporation shall annually render an account, verified Annual by the oath of ite treasurer, of all its receipts and expenditures in **^'*^*- items, to the board of trustees of the village of Herkimer ; which account, so verified, shall be filed with the clerk of said village and remain in his office. \ 6. The said corporation shall be vested with all the property and Property money now in the hands and under the control of the commissioners 5Sy in^' appointed under chapter two hundred and eighty-eight of the laws of hands of tbe State of New York of eighteen hundred and seventy-two ; and sion^. sodi commissioners are hereby required to transfer to such corporation t^^J^™. all of such property and money, the same to be used for the purposes ration, of such corporation. \ 1. The persons above named shall be the directors of said corpora- Directors tion, and the directors thereof shall hold their respective ofiices so JSm'o? "^ long as they shall live in the county of Herkimer, unless they shall office. Booner resign. In case of a vacancy in the board of directors, occa- county fiioned by death, resignation or removal from the county, the same shall a^^lacan- be filled by the county court of Herkimer county by an order to be ^^^^^^^j entered in ite minutes, and no director shall receive any compensation d^ect^. for his services in performing the duties required of liim under this ad Any director may resign his ofiioe by a written notice to that Resigna- effect, signed by him and delivered to the county judge of Herkimer ^^'^' eamly. \ 8. Every person liable to do highway labor, living or owning property Assess- on the line of said toblA, may make application in writing to the com- hiSwa/ ffliasioner or commissioners of highways of their respective towns, on {^r may any day previous to the time oif makiiig the highway warranto by such forbid oommissioners, that their respective assessments for highway labor be set '<>*<*• off fior the said road. It sl^U then be the duty of the highway cqpa^ 160 LA.WS OF NEW YORK. [Chap. 137. Directors may have sncn high- way laoor worked. Powers ofdlrec- toi*s as to highway laoor. Commata- tion. Powers andlia* biimes. missioner or oommissioners, of each town in which any of such persons may reside, to make a separate list of such persons and their property so assessed, as oommisEdoners are now by law required to make for every sex)arate road district, which shall be delivered to some one of the directors of such road, who shall proceed to have said highway labor worked on such road in the same manner as overseers of highways are required by law to do. The said directors shall possess all the powers and have the same authority to oomx)el the performance of such high- way labor, or the payment of such highway tax, as the overseers of hignways now have by law, and shall make like return to the commis- sioners of highways. Any person so assessed may commute for the tax assessed upon him or his property, hjp&jixig the som fixed by law to any of said directors. fs 9. Such corporation shaJl possess the powers and be subject to the liabilities prescribed by the third title of the eighteenth chapter of the ftrat part of the Revised Statutes. ^ 10. The legislature may at any time alter, modify or repeal this act. ^ 11. This act shall take effect immediately. Jurisdic- tion of commiB- sioners of highways to lay oat roads in Onondaga Indian re- servatioji. Consent Indians exempt from nigh- waylabor. JUlnotioes may be served ap- on the agents of the In- dians. Appeal. Chap. 137. AN ACT to authorize the laying out of public highways upon and across the Onondaga Indian reservation, in the county of Onondaga. Paesed April 8, 1814 ; three-fifths being present. The People of the State of Neto York, represented in Senate and Assembly f do enact asfoUows : Section 1. The commissioners of highway in the towns in the county of Onondaga, in which the Indian reservation known as the Onondaga Indian reservation lies, shall have the same power and jurisdiction over such reservation, in their respective towns, to lay out public and private roads over, across and upon the same, and to exercise the same super- vision and control over tne same as is conferred upon commissioners of highways generally by part one, chapter sixteen, article four of the Revised S^tutes ; provided that the consent of the Indians residing upon such reservation shall first be obtained, through their agent, for the laying out of any such public or private highways ; but nothing herein shall authorize or empower the said commissioners to require the said Indians to perform any labor upon any highway so laid out, and no compensation shall be required to be awarded to said Indians for lands taken for any such highways. § 2. All notices and papers required to be served by commissioners of highways, preliminary or otherwise to the laying out of a highway by law, may be served uxx>n the agent of said Indians in proceedings to lay out highways upon and across said reservation, and such service shall have the same force and efifect in such proceedings as the service of such notice and papers now have by law when served upon indi. viduals. ^ 8. The said Indians, through their agent, shall have the same right of appeal from the decisions of said commissioners as is now conferred upon individuals by law. ^ 4. This act shi^U take effect immediately. Cbap. 138.] NINETY-SEVENTH SESSION. 161 Chap. 138. AN ACT to incorporate the fire department of the village of Saugerties. Passed April 8^ 1814 ; three-flffchs being present. The People of the State of New Jorkj represented in Senate and AjssenMyy do enact asfdtlowe : Shttion 1. All such i)er8ons as now are or hereafter may be engineers Corpora, of the fire department of the village of Saugerties, or who may be *°"- members of any oompany, recognized by the board of directors of said TillaeeB as belonging to the fire department thereof, are hereby consti- toted a body corporate and politic by the name of *• The Fire Depart- Corpo- ment of tiie Village of Saugerties," and by that name shall have per- ™^,, petnal socoession, and may sue and be sued in any court of competent Corporate jurisdiction, and they and their successors, by said name, are authorized p<>^<^" to purchase or receive by gift or otherwise (subject, however, to all pro- Tieions of law now existing relative to devises and bequests by last will and testament), hold and convey any real or x)ersonal property for the use of said corporation, not exceeding in value the sum of ten thousand dollars, and shall have and be entitled to all the rights and benefits conferred upon the fire department of other villages by an act of Much thirtieth, one thousand eight hundred and forty-nine, in rela- tion to insurance companies. \ 2. The general business and ol^ects of said corporation shall be to Objects of accumulate a fund for the relief of indigent members of said fire Stion.*^ department, disabled while actually doing duty as firemen, and of such persons as shall have become entitled to and have received their certificates of exemption as firemenr, and of the families of all the aforesaid persons, which fund shall be appropriated and used in no other manner. \ 8. The chief engineer and assistant engineers, elected and to be Tmstees. elected by the fire department of said village under the charter thereof, shall be ex-officio, and without any further election, trustees of said oofrporation and each of the companies belonging to said fire dei)art. ment, shall, on the first Tuesday of May neid;, elect by ballot two of the acting members of such companies who shall also be trustees of said corporation, one of whom shall be elected for and shall hold his said Term of office one year, and one shall hold his office for two years, and annually ^^^' tiiereafier on said first Tuesday in May, the said companies shall elect each one trustee of said borporation, who shall hold his office for two years. In case any vacancy shall occur in the office of any of the trus- vacan- tees elected by said companies, the same shall be filled at the next flifl^.^^^ anniial election for the unexpired or full term, as the case may be. The <^ef engineer shall be president of the board of trustees, and the Chief en- asastant engineers shall be vice-presidents thereof. In their absence preefdent the board shall desiimate some of their number to serve as president, p^^rd of The said board shall have power to appoint a treasurer and clerk of said corporation. A majority of the trustees shall constitute a quorum BaBineas for the transaction of business, but the affirmative vote of at least two- ^^**™™- thirds of all members composing the board shall be requisite in making Pajrmenta any order for payment or authorizing the investment of any moneys, reqture^a or the sale or transfer of any stock, securities or property belonging *^^*^^'*" to said corporation. The tr4i8urer and derk shall respectively give^^ '' 163 LAWS OF NEW YORK. [Chap. 138. Secaiity by treasQ* rer and olerk. Powers of board of trostees. Provlflions of revised statutes applied. Bxemp- tions. Certiflcate ^of chief engineer and fore man, effect of. Certain fnnds, how ap- plied. Distribn- tion of excess. siich security for their fidelity and good conduct as the board of trutstees may from time to time require. The board of trustees as such shall not, directly or indirectly, receive any pay or emolument for their services. ^ 4 The business of said corporation shall be managed by said board of trustees. They shall have power, from time to time, to make, alter and amend such by-laws, rules and regulations as they shall deem proper for managing and conducting the i^irs of said corporation, pro- vided such rules and regulations are not repugnant to tUs act, nor to the Constitution and laws of this State or the United States. § 5. This corporation shall be subject to the provisions of the eight- eenth chapter of the first part of the Revised Statutes, so £ar as the same are applicable. ^ 6. In addition to the exemptions now provided by law, the members of this department, after completing a service of five years or over in the fire department of said village, shall be exempt ttom serving as jurors in all courts of this State. The real and x)6rsonal property of this department shall be exempt from taxation. § 1. A certificate, signed by the chief engineer and foreman of the company to which any member of the dex)adinent belongs, and bearing the seal of this corporation, declaring the term and time the said mem- ber has served as a fireman in said village, or that the time of service of said member as required by this act, has been fully completed, shall be sufficient to entitle him to all the privileges and exemptions secured to firemen of this department by this act. ^ 8. The funds of said corporation which shall arise from certificates, money paid by insurance companies in pursuance of law, donations, or the income of such funds, and all penalties and fines arising from vio- lations of any and all ordinances of the board of directors of said vil- lage for the prevention of fires, and which fines and penalties, when collected, shall be paid over forthwith to the treasurer of this corpora- tion, shall be appropriated by said trustees for the relief of indigent and disabled firemen, whether in actual service or who shall have received certificates of exemption as firemen under this act, or their families, in such manner as shall be directed by said trustees. And if the funds of said coporation shall at any time exceed the sum of ten thousand dollars, the excess over and above such sum may, by a two- thirds vote of all of said trustees, be distributed pro rata to and among the several fire companies of said village, in proportion to the average number of members belonging to each comjyany for the two years immediately preceding such distribution of said f imds, and when so distributed the same shall belong to each of said companies resx)ec- tively. ^ 9. This act shall take effect immediately. Chap. 139.] NINETY-SEVENTH SESSION. 163 Chap. 139. AN ACT to authorize the trustees of " The Bay Side Cemetery Association of the town of Potsdam " to pur- chase and convey land formerly owned by Liberty Knowles, situate in the village and town of Potsdam, St. Lawrence county, and State of New York, and also other lands owned by Noble S. Elderken, situate in the said village, and to remove the remains of bodies now interred therein. Passed April 8, 1814 ; three-fifths being present The People of the State of New York, represented in Senate and Ajisemiipy do eruut cw follows : "" Section 1. The trustees of the Bay Side Cemetery Association of the Cemoteiy town of Potsdam are hereby authorized to purchase from the several ^!J^\ay owners thereof and to hold the following lands situate in the village and parchase town of Potsdam, county of St. Lawrence, and State of New York. *"^' The first lot or parcel of land is situate on the easterly side of the rail- Descrip. lOfld in said village, and formerly owned by Liberty Knowles, and ^^^' Iieretofore laid out or used, or intended to be used, as a burying ground. The second lot or parcel of land lying westerly of Kerrepont avenue in Bald Tillage, and between said stxeet and Racket river, and owned or OGcnpied by Noble S. Elderken, and now or formerly used as a burying ground. \ 2. The said trustees of Bay Side Cemetery Association are hereby Remoyai aothorized to remove, in the manner herein provided, the remains of JaJSor^ bodies interred iif. each or either of said lands or burying grounds, i*ed. and re-inter the same in the cemetery now owned by said association. \ 3. The said trustees of Bay Side Cemetery Association shall, before Tmstees the lemoval of such remains, cause to be printed in a weekly newBi)aper SiS^Jo. in said Tillage of Potsdam, for at least four successive weeks, a notice that, nnless the relatives or friends of persons buried in said lands shall caode their remains to be removed on or before a time specified in such Qotioe, not less than six weeks from the last publication thereof, the lemoTal will be made by said trustees. \ 4. The said trustees, in case of the removal of the said remains by Bemains them, shall put the remalnb of each person in a suitable box and re-inter interred, the flame in a proper manner in the cemetery aforesaid, and the place of interment shall be marked by the monuments now standing over the Monn- giHTes, or in case there shall be no monuments, the place shall be des- "*«'^^»*o- i^ted by a plain board, with the name of the person tiiereon, when it pan be ascertained ; and members of the same fiEimily shall be re-interred iQ oontifuous graves. i 5. Upon the removal of said remains from said lots, or either of Fnrther them, as aforesaid, the said lands from which said removal shall be mente pro made shall cease to be a burial ground, and ftirther interments therein hibited. tte hereby prohibited, and the said " Bay Side Cemetery Association of the town of Potsdam " may thereupon -'sell said lands, or either of x them. I fL This act shall take effect immediately. 164: LAWS OF NEW YORK. [Chap. 141. Chap. 14:0. AN ACT to amend an act entitled " An act authorizing the construction of a bridge across the Hudson river at the city of Troy," passed April twenty-third, eighteen hundred and seventy-two. Passed April 8, 1814 ; three-fifths being present. The People of the State of New York^ represented in Senctte and Assembly f do enact as follows: Bridge, Section 1. The time within which the bridge authorized by ^'An act corapie^ authorizing the construction of a bridge across the Hudson river at the tion of, city of Troy," passed April twenty-thiiS, eighteen hundred and seventy- extended. ^^^^ gjj^jj Y}q completed for use as provided by said act, is hereby ex- tended for the term of one year from the twenty-third day of April, eighteen hundred and seventy-four. ^ 2. This act shall take effect immediately. Chap. 14=1. AN ACT to amend the charter of the village of Little Falls, New York. Passed April 8, 1814 ; throe-fifths being present. The People of the State of New Tork^ represented in Senate and Assembly, do enad asfoUotos : Section 1. The act reincorporating the village of Little Falls, X)as8ed April tenth, eighteen hundred and fifty, as amended by tiie several acts amendatory thereof, is amended as follows : Section eleven of said act is hereby amended so as to read as fbl. lows: Annnai M^* ^^ annual meeting, in addition to the election of officers, must mn9?de-i determine the sum to be raised on the taxable property of the village, tennine ' not to exoeed the sum of seven thousand dollars, for the ordinary raiMdon* expenses of the village annually. The fiailure or omission to determine taxable the sum to be raised shall be deemed the adoption of the sum ordered orvuu^e. to be raised for that purpose the last preceding year. ^ 2. Subdivision three of section twenty.nine of said act is amended so as to read as follows : Fire, and 3. To organize and keep in good and efficient organization three fire- UMWer"^ engine companies and one hoox and ladder company of not exceeding compa- sixty men each, two hundred and forty men in all ; the members of ttio«- each company to do duty in cases of fire in aiding any other company when so required by the chief fireman or president or by the foreman of the company to which they belong. & 3. Section thirty-seven is amended so as to read as follows : Annnai \ 37. The trustees must, as soon after the annual election as they may meof roll deem necessary, proceed to make the annual assessment roll and valua- trnstees to tiou of property liable to assessment and taxation in the village, and ™^®- shall assess thereon as they may deem necessary, besides sums received and estimated to be received from other sources, to defray the ordinary expenses of the village for the current year, not to exceed the amount Chap. 142.] NINETY-SEVENTH SESSION. 165 allowed for that pxirpoBe at the annual meeting, also any sum directed to be raised for a special purxx)6e, which, under the provisions of this act, can he raised in that year. The aggregate for special purposes in Aggn- no case to exceed one thousand dollars, and the aggregate for ordinary ^^' not to exceed seven thousand dollars in one year. They must also, in Highway addition, determine the number of days of highway labor to be assessed ^^^^^- for every thousand dollars valuation on the assessment roll, which must not be less than two nor more than four for everv thousand dollars. i4 Section fifty-nine is amended so as to read as follows : 59. The chief fireman, subject to the direction of the trustees, has chief flre- the general management and control of the fire department of the vil- ^^en lage, and it is his duty : ^i{e% 1. To see that the public cisterns, reservoirs and other means of pro- Tiding water, the fire-engines, engine-hose, the hooks and ladders, and other means and apparatus for the prevention and extinguishment of files, are at all times in proper condition. 2. To be x^resent at fires of buildings and to take the chief direction and general management of the companies. S. To enter any building or authorize any assistants to do so when he has reason to apprehend that any fire-place, stove, pipe or ashes are in a dangerous or insecure condition, and to cause the same to be made aafe at the expense of the owner or proprietor. ^ 5. This act shall take efiect immediately. Chap. 14:2. AN ACT to extend the limits of union free school district number one, of the town of Ovid, in the county of Seneca, and to dissolve school districts numbers three and four, in the town of Romulus, in said county. Passed April 9, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and AjisenMyj do enact aafdUowa : Section 1. The limits of union free school district number one, of the Bonnda- town of Ovid, iii the county of Seneca, are hereby extended so that the gc"5fooi boondaries of said district shall hereafter be as follows, namely : Begin, district^ ning at the northwest comer of military lot number two, in the town of ** ®^® ' Ovid, and running thence south to the southwest comer thereof ; thence east along the south line of said lot to the northwest comer of military lot nnml^ eight in said town ; thence south to the southwest corner thereof ; thence east to the southwest comer of military lot number ten m 8ud town ; thence north to south line of lands of Caleb F. Smith ; tbenoe east to the southeast comer of lands occupied by John I. Graves ; thence easterlv to the center of the highway and east line of said lot number ten where the highway running southeasterly from Ovid village intersects the east line of said lot number ten ; thence north along said line and through military lot number four in said town, and along the wt line of military lot number ninety-seven, in the town of Romulus, to the northeast comer of lands of Hugh Chapman ; thence west along add Chapman's land to an in^comer thereof ; thence north to lands of Abram B. Johnson ; thence west to the southeast corner of lands of Hiram Johnson ; thence north along the east line thereof to the center of the highway and south line of military lot number ninety in said 166 LAWS OF NEW YOEK. [Chap. 142. town of Romulus ; thenoe east along said line and highway to the south- east corner of said Johnson's lana ; thenoe north to the north line of said lot number ninety ; thenoe west along the north line of military lots numbers ninety, eighty-nine and eighty-eight, in said town of Bomulus, to a point nortn of the west line of lands of Joseph Dunlap and military lot number eighty-eight, in said town of Romulus ; thence southerly along said line and others to the north line of lands of David W. Eanne ; thenoe west along said lands to the west line of military lot number eighty-eight, in said town of Romulus ; thence south along said line and the west line of military lot number ninety-five in said town of Romulus, to the southwest comer of said lot number ninety-five ; thence west to the place of beginning ; and the territory embraced in the above description shall hereafter constitute the said union free school district. Dieeoin- ^ 2. School districts numbers three and four, in the town of Romulus, duSrSfts. *^ hereby dissolved, and so much of the territory now constituting said district number three as is not embraced in said union free school district mmiber one of the town of Ovid, as the boundaries thereof are fixed and established by section one of this act, is hereby annexed tx) and shall hereafter constitute a part of school district number seven of said town of Romulus, and the limits of said last named district are hereby so extended as to include such territory. And so much of the territoiy now embraced in said school district number four of the said town 01 Romulus as is not embraced in said union free school district, as the boundaries thereof are fixed and established by section one of this act, is hereby annexed to and shall hereafter constitute a part of school district number six in said town of Romulus, and the limits of said last named school district are hereby so extended as to embrace such territory. Snpervi- ^ 3. The supervisor of the town of Romulus shall sell the property of proper^^ Said districts numbers three and four in said town of Romulus, dissolved of districts by this act, and shall dispose of the proceeds of such sale in the manner dissolved, prescribed by section nine of title six of chapter five hundred and fiity- Sapervi. five of the laws of eighteen hundred and sixty .four. And said super- rteed'to^** visor is hereby authorized and emjKJwered to execute any and all deeds execute or instruments necessary and proper for conveying the title to such ^^^- property, and the said supervisor may demand, sue for and collect, in To coUect his name of office, any moneys of said districts numbers three and four owi*rS^to outstanding in the hands of any of its former officers or any other per- diistr^ts. sou, and aner deducting his costs and expenses, shall report and pay Dispoai- over the balance to the school commissioner of the county of Seneca, prooeedB ^^^ ^^^^ dispose of the same in the manner prescribed in section ten of title six of chapter five hundred and fifty-five of the laws of eighteen hundred and sixty-four. Sections eleven and twelve of said title six are hereby made applicable to said districts numbers three and four in said town of Romulus. ^ 4. This act shall take effect immediately. Chap. 143.J NINETY-SEVENTH SESSION. 167 Chap. 14:3. AN ACT to authorize the formation of corporations for the erection and keeping of hotels. Passed April 9, 1814 Ths People of the State of New York, represented in Senate and AsmMy, do enact asfoUowa : Section 1. At any time hereafter any five or more x)er8ons who may Certincata deare to form a company for the business of erecting buildings for JorStion. hotel purposes or keeping hotels, or for either or both of such purposes^ may make, mgn and acknowledge, before some officer competent to take the acknowledgment of deeds, and file in the office of the clerk of the where to coanty in which the business of the company shall be carried on, and a ^® ^«^- duplicate thereof in the office of the Secretary of State, a certificate in writing, in which shall be stated the corporate name of the said com. Contents pany and l^e object for which the company shall be formed ; the cite.*^*^ amount of the capital stock of the said company, which shall not be less Amoant than ten thousand dollars nor exceeding one million dollars ; the term *** <5*p»^- of its existence not to exceed fifty years ; the number of shares of which the stock shall consist ; the number of trustees and their names, who xnistees. shall manage the concerns of the said company for the first year, and the name of the place in which the operations of the said company are to be carried on. \ 2l When the certificate shall have been filed, as aforesaid, the per- Corpora- sons who shall have signed and acknowledged the same, and their sue- perfected! cesBois, shall be a body politic and corporate, in fact and in name, by the name stated in such certificate, and by that name have succession. Capacity and shall be capable of suing and being sued in any of the courts of this SUTo? cor- titate ; and tbey and their successors may have a common seal, and may porauon. make and alter the same at pleasure ; and they shall, by their corporate name, be capable in law of purchasing, holding, leasing and conveying any real and -perBonai estate whatever, which may be necessary to enable the said company to carry on its ox)erations named in such certificate. \ 3. The stock, property and concerns of such company shall be man. Tmstees, aged by not less than three nor more than nine trustees, who shall res- ber^'^Jtc.™" peckively be stockholders in such company and citizens of the United States, and a majority of whom shall be citizens of this State, who shall, except the first year, be annually elected, by the stockholders, at Bnch time and place as shall be directed by the by-laws of the company ; and public notice of the time and place of holding such election shall Election be published, not less than ten days previous thereto, in a newspaper SoS^*' printed in the town or city in which or nearest to the place where the given, operations of the said company shall be carried on, and the election stock- shall be made by such of the stockholders as shall attend for that pur- m^^y v?t6 pose, either in person or by proxy. All elections shall be by ballot, in person and eadi stockholder shall be entitled to as many votes as he owns p^^. ahares of stock in the said company, and the persons receiving the greatest number of votes shall be trustees ; and when any vacancy shall vacan- happen amonf the trustees, by death, resignation or otherwise, it shall SlSi!*^^ be filled for flie remainder of the year in such manner as may be pro- vided for by the by-laws of the said company. ^ 4. In case it shall happen at any time that an election of trustees FaUnre to shall not be made on the day designated by the by-laws of said com- t^^^,^ 1 68 LAWS OF NEW YORK. [Chap. 143. to dissolve pany, when it ought to have been made, the company for that reason tiJJJ.^**" ' shall not be dissolved, but it shall be lawful on any other day to hold an election for trustees in such manner as shall be provided for by the said by-laws ; and all acts of trustees shall be valid and binding as against such company, until their successors shall be elected. Offloen. \ 5. There shall be a president of the company, who shall be desig- nated from the number of the trustees, and also such subordinate officers as the company by its by-laws may designate, who may be Security elected or appointed, and required to give audi security for the fidthfal reqiiij«d. Performance of the duties of their office as the comx)any by its by-laws may require. Trnstees \ 6. It shall be lawful for the trustees to call in and demand from the in*ub.*" stockholders respectively, all such sums of money by them subscribed, ficriptions at such times and in such payments or installments as the trustees shall of stock. ^Qgju proper, under the x)enalty of forfeiting thfe shares of stock sub- Forfeitnre Scribed for and all previous payments made thereon, if payment shall payment ^o* ^ made by the stockholders within sixty days after a personal demand of the same or notice requiring such payment shall have been published for six successive weeks, in a newspaper printed in the city or town in which or nearest to the place where tiie business of the com- pany shall be carried on as aforesaid. By-laws. \ 7. The trustees of such company shall have x^ower to make such prudential by-laws as they shall deem proper, for the management and disposition of the stock and business affidrs of such company, not inconsistent with the laws of this State, and prescribing the duties of of officers, artificers and servants that may be employed, for the apxK>int- ment of all officers, and for carrying on all kinds of business within the objects and purposes of said company, stock \ 8. The stock of such company shall be deemed personal estate, and peraonai ^^ ^ transferable in such manner as shall be prescribed by the by- estate, laws of the company ; but no shares shall be transferable until all Srevious calls thereon shall have been fully paid in, or shall have been eclared forfeited for the non-payment of calls thereon. And it shall stockff^ not be lawful for such company to use any of its funds in the purchase another of any stock in any other corporation, or to hold the same, except as tioT*™" collateral security to a prior indebtedness. Evidence. \ 9. The oopy of any certificate of incorporation filed in pursuance of this act, certified by the county clerk under his offidal seal to be a true copy, and of the whole of such certificate, shall be received in 1^1 courts and places as presumptive legal evidence of the &cts therein stated. Personal \ 10. No person holding stock in any such company, as executor, exemp.^' administrator, |^uardian or trustee, and no person holding such stock as tion from, collateral security, shall be personally subject to any liability as stock- Fiedge of holder of such company ; but the x>erson pledging such stock shall be e^ctofi considered as holding the same, and shall be Uable, as a stockholder. Trust accordingly ; and the estate and funds in the hands of such executor, bK>w£ftr administrator, guardian or trustee, shall be liable in like manner and liable. to the same extent as the testator or intestate, or the ward, or person interested in such trust fund, would have been if he had been living and comx)etent to act and hold the same stock in his own name. Tmstee, \ 11. Every such executor, administrator, guardian or trustee shall vote as*^ represent the share of stock in his hands at all meetings of the corn- stock- pany, and may vote accordingly as a stockholder ; and every i)er8on holder, ^j^^ ^coHii pledge his stock as aforesaid may, nevertheless, represent the same at all such meetings, and may vote accordingly as a stockholder. Chap. 143.] NINETY-SEVENTH SESSION. 169 1 12. The said company shall be Bobject to the same liabilities as Liability nataial persons for all the purposes of this act ; and shall be liable in Jy JJ™p*- the same manner and to the same extent as the proprietors of other guests, hotels are liable, for loss, injury or destruction of the property of guests, except as may be otherwise provided by special written con- tract ; but this section shall not be construed so as to make said com- pany liable as hotel keepers in case said comx)any shall have leased nid hotel * il3. Each stockholder of said company shall be jointly, severally stock, individually liable to the creditors of, or those holding claims uai^o for against, said company, to an amount equal to the amount of stock held debts of hj him or her in said company, for all the debts and liabilities of the to amoont company, but shall not be liable to an action therefor before an execu- J^Jlf. tion shall be returned unsatisfied, in whole or in part, against the com. pauy, and then the amount due on such execution shall be the amount recoverable, with costs, against such stockholders. \ 14 It shall be the duty of the trustees of every such corporation or Book to company to cause a book to be kept, by the treasurer or clerk thereof, ^ ^®p*- containing the names of all persons, alphabetically arranged, who are, its con- or shall within six years have been, stockholders of such company, and ^^^' showing their places of residence, the number of shares of stock held by them respectively, anH the time when they respectively became the owners of such shares, and the amount of stock actually paid in ; which Book to be book rfiall, during the usual business hours of the day, on every day ?^gp"ection except Sunday, and the thirtieth day of May, the fourth day of July, J^f^^lj- the twenty-fifth day of December and the first day of January, be open ami jmig. for the inspection of stockholders and creditors of the company, who ™|ditors. ha?e obtained judgment upon their claims, upon which execution has been returned unsatisfied in whole or in part, and their personal repre- Bbutfttives, at the office or principal place of business of such company. Books, in the county where its business operations shall be located ; and any bjkepi!^ aod every such stockholder, creditor or representative shall have a right to make extracts from such book ; and no transfer of such stock Transfers dall be valid for any purpose whatever, except to render the person Jj b^n- to whom it shall be transferred liable for the debts of the company ^^^^ according to the provisions of this act, until it shall have been entered *" ^' therein, as required by this section, by an entry showing to and from whom transferred. Such book shall be presumptive evidence of the Book, to fifccts therein stated in favor of the plaintiff in any suit or proceeding Since, against such comi)any or against any one or more stockholders. Every officer or agent of any su<5i company who shall neglect to make any Misde- proper entry in such book, or shall refuse or neglect to exhibit the same °*®*"<^- or allow the same to be inspected and extracts to be taken therefrom, as provided by this section, shall be deemed guilty of a misdemeanor, ana tiie comx)any shall forfeit and pay to the party injured a i)enalty of Penalties fi% dollars for every such neglect or refusal, and all the damages *^®*^®*'<'*'- Rsalting therefrom ; and every oomjmny that shall neglect to keep such book open for inspection as aforesaid shall forfeit to the people the sum of fifty dollars for every day it shall so neglect, to be sued for and District recovered in the name of the people by the district attorney of the to'^"tJr eoonty in which the business of such corporation shall be located ; and penaiuos. when so recovered, the amount shall be paid into the treasury of such county for the use thereof. \ 15. Every corxx)ration creatM under this act shall possess the gen- J*"*^*^,, eial powers and privileges, and be subject to the liabilities and restric- v^a^tat- 12 17 O LAWS OF NEW YORK. [Chap. 144. ntes appli- cable. Not to or- fanize ercall^r under DianntYtc- toringact. tions contained in title tliird of chapter eighteen of the first part of the Revised Statutes. ^ 16. After the passage of this act it shall not be lawful to organize any corporation under chapter three hundred and seventy one of the laws of eighteen hundred and sixty-^, or the acts passed supplemen- tary thereto or amendatory thereof. Price of ffas regn* ated. Anthori* ty toiay mains, condao- tors and pipes given. Time tor organiza- tion. Charter, how per- fected. Chap. 14=4=. AN ACT to regulate the sale of illuminating gas manu- factured by the Equity Gas Light Company of the eastern district of the city of Brooklyn, and to author- ize the laying of mains and conductors in certain wards of said city. Passed April 9, 1814 ; three-fifths being present. The People of the /State of New York, represented in Senate and Assembly, do enact asfoUmos : SEcrriON 1. The Equity Gas Light Company of the eastern district of the city of Brooklyn shall have the right and power to manufacture and sell, and shall sell, illuminating gas at the maximum rate of two dollars per thousand cubic feet, for gas of sixteen English sperm can- dle power, stanard^ photometric test (any gas furnished by said com- pany of more or less than sixteen candle power, to be subject to an increase or reduction of price pro rata to the consumer in the rate of two dollai's per thousand cubic feet), as may be required for the lighting the streets, dwellings, stores, public or private buildings or for other pur- poses, in the thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth wards of the city of Brooklyn, county of Kings, and said corporation shall have power and are hereby authorized to lay mains, conductors and pipes, for any such service in cqnducting gas through the streets, lanes, alleys and squares of the said thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth wards of said city of Brooklyn. \ 2. Said Equity Gfas Light Company shall have three years from the date of its incorporation in which to organize and commence the trans- action of its business, and shall have power and authority, and are hereby authorized to tear up the pavements and streets of the thirteenth, fourteenth, fifteenth, sixteenth seventeenth, eighteenth and nineteenth wards of said city of Brooklyn, in order to lay the necessarv mains, connections, turn-outs and service-pipes ; provided always, tnat said company shall relay or repave such portions of streets and public thoroughfares and leave them in as good condition as before layine' their mains, conductors or other pipes ; also to be allowed proper and reasonable time to lay such mains, conductors and other necessary service-pipes, and to tear up and relay and repave such portions of streets and thoroughfares traversed by the pipes of said companv. ^ 3. The Equity Gas light Company are hereby prohibited from transferring, consolidating or in any manner disposing of their franchise to or with any other company, firm or individual, under penalty of for- feiture of their charter ; and the charter shall likewise be forfeited if operations are not begun within three months after the passage of this act *Soinorixinttl. CHAP.U6.] NINETY-SEVENTH SESSION. 171 \ 4 All acts and parte of acts inoonsistent with the provisions of this act are hereby repealed. \ 5. This act shall take effect immediately. Chap. 14:5. AN ACT legalizing the conveyance of the trustees of joint school district number nine, of the towns of Plattsburgh and Peru, Clinton county. Passed April 9, 1674 ; thre&-flfths being present. The People of the State of New Torky represented in Senate and AssenMy^ do enact as follows : SscnoN 1. The certain conveyance bearing date the seventh day of Deed oon- February, eighteen hundred and seventy-four, executed by John M. dSSared^ Thompson, Henry Lucas and William H. Martin, as trustees of joint "^f^^- scliool district number nine, of the towns of Plattsburgh and Peru, in the county of Clinton, to Moses Shelden and Nathaniel E. Shelden, of the said town of Plattsburgh, for the purpose, as in said conveyance recited, of carrying into eflTect the certain agreement made and entered into by and between the trustees of said school district and the said Sheldens, on the second day of July, eighteen hundred and seventy- thiee, and to vest in said Sheldens, their heirs and assigns forever, the title and prox)erty of said district of, in and to the lands in said con- Teyance describea, and to vest in said Sheldens, their heirs and assigns finever, {he fee ample absolute of said lands, is hereby in all things eonfinned, and the said Moses Shelden and Nathaniel £. Shelden, their heiis and a8si|paus forever, are declared to be vested with the fee simple ihsolute of, m and to the lands and premises in said conveyance ^lescribed, and the whole and every part thereof. \ 2. This act shall take effect inmiediately. Chap. 146. AN ACT to facilitate the removal of the remains of bodies interred in ancient and disused burial plots, in the town of Springwater, county of Livingston, and town of Canadice, in the county of Ontario. Passed April 9, 1674 The People of the State of New York, represented in Senate and ^^serMy, do enxwt asfdUows : Sbction 1. The trustees of the Evergreen Cemetery Association, of Remoyai fte town of Springwater, in the county of Livingston, are hereby 2uS?r^* vtthorized and permitted to remove the remains of all deceased x>ersons ^ed- iH)w boned in the old cemetery, east of the village of Springwater, in Bud coonty, and in the old cemetery south of the Christian church, in nid town, also in the old cemetery, near the Methodist Episcopal dniich, in the town of Canadice, in the county of Ontario, and re-bury BemainB the aame in the said Evergreen oemeterv, and shall bury all sudb Swed!**^' remains, in good order, pursuant to the by-laws and regulations of such cemeteiy association. 173 LAWS OF NEW YORK, [Chap. 147. Kofcioe of ^ 2. The said trustees of the said Evergreen Cemetery Association removal. ^^^ hereby authorized and required to put up in three of the most public places in tiie school districts in which such remains are buried, at least four weeks previous to the removal of any of said bodies, a notice that, unless the relatives and friends of persons buriea in the old cemeteries mentioned in the first section of this act shall cause their remains to be removed within four weeks from the posting such notice, the removal will be made by the trustees of said Evergreen Gemeteiy Association. Remains, ^ 3. Tue Said trustees named in the first section of this act, in case of S-eated.*^ the removal of said remains by them, shall inclose each one thereof in a suitable, separate box or coffin, and those of the same family in con- tiguous graves, and shall, where the same exist, place head and foot- marks of stone, or other durable material, to designate the place and position in which the same are after removal. ^ 4 This act shall take effect immediately. Chap. 14=7. AN ACT to provide for the payment of the quota of State taxes imposed upon the city and county of New York. Passed April 10, 1874 ; three-fifths being present. The People of the State of New York^ repreaeitted in Senate and Aaaemblpy do enact asfdOmoa : Revenae SECTION 1. For the purpose of enabling the dty and county of New cUv Ifomp. York to make payment of the quota of State taxes which may be tr^e^p an. iinxx)sed upon and chargeable to the said dty and county, at the same toLsae. time or times that other counties of this State are or may be required to make payment by law, to wit : One-half thereof on the fifteenth day of April, and the other half thereof on the first day of Mav in each and very year. The comptroller of the city of New York is hereby authorized and required, unless the money for the payment of the same shall have been otherwise provided, to issue revenue bonds for such amounts as may from time to time become necessary to meet such quota of the State taxes, at not less than their par value, and for such x)eriods and at such Interest, rates of interest as the said comptroller shall determine, not exceedinir seven per centum i)er annum, and from the proceeds thereof to pay to the State Treasurer the amount of taxes which the CJomptroller of the Prooeodfl State shall have apx)ortioned according to law, and which may be toBtaS**^ required to be paid, in pursuance of such apportionment, to the State treaauper. by the. dty and county of New York at the times hereinbefore stated ; Amonnt and the amount of said State taxes for any fiscal year, so imposed and iod^tii^the chargeable, shall be levied, raised, and collected in the then next ne^rt am- annual levy for taxes in the said dty and county of New York, in levy. the same manner as other dty and county taxes, and the money col- lected thereon shall be applied to the redemption of the revenue bonds so issued. Bonds an- ^ 2. The bonds authorized to be issued in pursuance of section three Sjict^V <>f chapter ninety-five of the laws of eighteen hundred and seventy- 1*78. how three snail be designated New York county bonds, for the State sinking ted.^xe- fund deficiency ; shall be sicned by the comptroller and mayor of the aS»flted*^ dty of New York, and sealed with the seal of the board of sui)ervisors of the said county, attested by the clerk thereof, and shall be issued as Chap. 148.] NINETY-SEVENTH SESSION. 173 therein provided, or the comptroller of the city of New York may, in ck)mptroi- Ilea thereof, issae the same for a term not exceeding thirty years from iue'Sonda! their date. In the issue of said bonds the^ shall be included the sum interest to of two hundred and lifty-flve thousand one hundred and seven dollars Jj^!"*^^" and fourteen cents, the amount of interest which has accrued on the amoant of tax for which the said bonds are authorized, in accordance with existin£f provisions of law, unless moneys for the pavment of such interest ^all be otherwise provided. If said bonds shall be issued for Means for a period not exceeding five years, to provide the means for paying the SJwpro-' same at their maturity, the said comptroller may issue other bonds of vWed. said oounty for a like amount, at a rate of interest not exceeding seven per centum per annum, for a period not exceeding thirty years. The Amonnt board of supervisors of the county of New York are hereby authorized }.^ed and directed to order and cause to be raised, by tax upon the property annuauy. by law subject to taxation within the dty and county of New York in each year, conunencins^ in the year eighteen hundred and seventy-six, a sum equal to one-tenth part of the principal of said bonds, to be paid to the commissioners of the sinking fund of said city, to be held and invest- kept invested by said commissioners as a fund for the payment of said JJaSef**^* bonds at or before their maturity. The tax and interest in this section referred to shall be paid to the State Treasurer on or before the fif- teenth day of April, eighteen hundred and seventy-four. \ 3. This act 1^11 take effect immediately. Oliap. 148. AN ACT to authorize the Oneonta Manufacturing Com- pany of Oneonta, Otsego county, New York, to issue preferred stock. Passed April 10, 1814 ; three-fifths being present. The People of the State of New Tork^ represented in Senate amd Assembly, do enact asfoUowa : Sbction 1. The OnQonta ManujGEicturing Company of Oneonta, Otsego Preferred eoanty, New York, is hereby authorized to issue preferred stock to an b^*iMuey amoant not exceeding twenty thousand dollars ; provided that the issue Conaent of thereof and the terms of preference shall be first assented to, in writing, SSw^. 1)7 all the stockholders in said company, or their legal representatives. \ 2. Before any issue of such preferred stock, such written assent Consent to shall be filed in the office of county clerk of Otsego oounty, and such ^® ^^' ^ockholders, appearing as such on the books of the company at the stock- time of filing such assent, shall have the right to subscribe for and take ^*l!y^take & pro rata amount of such preferred stock (proportionate to the amount pro rata of stock so owned by him), upon terms specified in such assent. amoant. \ 3, The said company is hereby authorized and empowered to guar. Dwidend. totee an eight per cent, dividend, to be paid yearly to the holders of BQch prefer]^ stock. \ 4. This act shall take effect immediately. 174: LAWS OF NEW YORK. [Chap. 149. Oliap. 14:9. AN ACT to amend the act passed April twenty-seventh, eighteen hundred and seventy-two, entitled " An act to amend chapter six hundred and fifty-seVen of the laws of eighteen hundred and seventy-one, entitled * An act to amend the act passed February seventeen, eighteen hundred and forty-eight, entitled ' An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes,' " passed April twen- tieth, eighteen hundred and seventy-one. Passed April 10, 1814. The People of the State of New Tork^ represented in Senate and Assembly^ do enaxA asfoU/ywa : Amend- SECTION 1. The fiist section of the act entitled " An act to authorize ™®'**' the formation of corporations for manufacturing, mining, mechanical or chemical purposes," passed February seventeenth, eighteen hundred and forty-eight, as amended by chapter two hundred and sixty .two of the laws of eighteen hundred and fifty-seven, as amended by section two of chapter six hundred and fifty-seven of the laws of eighteen hundred and seventy-one, as amended by chapter four hundred and twenty^x of the laws of eighteen hundred and seventy-two, is hereby amended so as to read as follows : For what \ 1. At any time hereafter, any three or more persons who may desire corporis ^ ^'^"^ * company for the purpose of carrying on any kind of manu- tioiis n^ facturing, minii^, mechanical or chemical buti^iness, or the business of befonned. panting and publishing books, i)amphlet8 and newspapers, or the busi- ness of preserving and dealing in meats, or the business of making but- ter, cheese, concentrated or condensed milk, or any other products of the dairy, or the business of erecting buildings for church sheds or laun- dry purposes, and the carrying on of laund^ business, or the business Certiiioate of slaughtering animals, may make, sign and acknowledge, before some SaSo officer competent to take the acknowledgment of deeds, and file in the sigTiei. office of the clerk of the county in which the business of the company •dKed shall be carried on, and a duplicate thereof in the office of the Secretary and filed, ^f gtate, a certificate in writing, in which shall be stated the corporate Its oon- name of the said company, ana the objects for which the company shall ^^^' be formed, the amount of the capital stock of the said company, the term of its existence (not to exceed fifty years), the number of shares of which the said stock shall consist, the number of trustees and their names, who shall manage the concerns of said company for the first year, and the names of the town and county in which the operations of the said company are to be carried on. Liability ^ 2. The Stockholders of any corporation hereafter formed under the hoidora. ^^ hereby amended, or any act amendatory thereof or supplementary thereto, or extending the operation and effect thereof, shall, in addition to the liabilities provided for in said acts, be individually responsible, equally and ratably, in an amount to the extent of their respective Term shares of stock in such corporation. The term stockholder, as used in holder, this section, shall apply not only to such persons as appear by the deflni^. books of the corporation or association to be such, but also to every !i Chap. 150.] NINETY-SEVENTH SESSION. 175 equitable owner of stock, although the same may appear on such books in the name of another person ; and also to every person who shall have advanced the installments or purchase money of any stock in the name of any j^rson under twenty-one years of age, and while such person Temains a minor, to the extent of such advance ; and also to every guardian or other trustee who shall voluntarily invest any trust funds in such stock ; and no trust funds in the hands of such guardian Trnst or trustee shall be in any way liable under the provisions of this act ukwe "nor and the acts aforesaid, by reason of any such investment, nor shall the pcreon person for whose benefit any such investment may be made be respon- tS^e^-**®* able in respect to such stock until thirty days after the time when such {jJio^^^**® persons, respectively, become competent and able t-o control and dispose tent.™'**^ of the same ; but the guardian or other trustee making such investment Responsi- as aforesaid shall continue responsible as a stockholder until such ^i%fi,^ responsibility devolves upon the person beneficially interested therein ; or other ' and in resjiect to stock held by a guardian or other trustee under a *"*®*^* transfer of the same by a third person, or under positive directions by Term, a third person for such investment, the person making such transfer or hoiuer, giving such directions, and his executors and administrators shall, for ^^^^'^ the purposes of this act and the acts aforesaid, be deemed a stockholder, ® ° ' and the estate of such person, if he be deceased, shall be responsible for the debts and liabilities chargeable on such stock, according to the pro- visions of this act. Chap. 150. AN ACT to authorize the trusteed of the First Presby- terian church in Catlin, in the town of Dix, Schuyler county, State of New York, to remove the bodies buried in the burial ground belonging to said church, to the hurial ground of the Moreland Cemetery Association, and to empower said trustees to sell and convey the title of said burial ground, and the old church lot adjoining, after the bodies have been removed. Passed April 10, 1874 The People of tTie State of New Tork^ represented in Senate and AsmnUpf do enaci as follows : Sbction 1. It shall be lawful, and authority is hereby given to the Removia Rrst Presbyterian church of Catlin, in Dix, Schuyler county. New York, tei^elt'ot to exhume all the bodies heretofore buried and remaining in the burial ^£?fg|^" pound belonging to said church, and remove the said bodies to, and **"^® ' Wy the same again, in the burial ground of the Moreland Cemetery Ajsaociation, situated in said town of Dix, in lots now laid out, or to be laid out, but not sold or occupied. ^ 2. The bodies shall be properly and decently exhumed, and buried How to be again in the day-time, and the tombstones be carefully removed and ^^^' M; up at the new graves in a substantial manner, at the time of the removal of the bodies ; the identity of each body shall be preserved, and not more than two bodies be removed at one time together, and any nighta of fend or relative of any such body so to be removed shall have the right Sa^reia. to remove the said body, and bury it again in his or her lot or burial tWee. piaoe, at his or her own expense, provided notice is given of such inten- 176 LAWS OF NEW YORK. [Chap. 151. tion, and the work of removal done at such timeg as shall be set by the trustees of the said First Presbyterian church. ExpenMB, § 3. The expenses of such removal shall be paid by the First Presby- how paid, ^eriau church of Catlin, in Dix, except as otherwise herein provided ; Notice to and before any body shall be removed as aforesaid, the said church, or be given. ^^ trustees, shall give ten days' notice of the time of the commencement thereof, by notice published in any newspaper published in said county of Schuyler, and at the time appointed, the work shall be commenced, and prosecuted with diligence until all bodies and relicts are removed. Dosecra- ^ 4 Any person who shall desecrate any part of the remains of any maiiS^a'^ dead body while being so removed, or violate any of the provisions of misde- this act, shall be guilty of a misdemeanor, and, on conviction thereof, meanor. -^ punished aS provided by law. Doty of ^ 5. It shall be the duty of the trustees of the Moreland Cemetery MorSwid^ Association aforementioned, when notified by the said trustees of the cemetety gald First Presbyterian church that all the said bodies have been tSlT**' removed, to inspect the work and ascertain whether the said work of removal has been done as provided by law, a^nd when satisfied that the Certifi. same has been fully completed, as herein provided, to subscribe and cate. deliver a certificate to that effect to the said trustees of the said Pr^i- Trnstees byterian church, and upon the rec-eipt thereof, the said Presbyterian may^iSm-** church, through its trustees, shall have the power to sell and convey the vey burial title, in fee simple, in and to the burial ground from which such bodies *^*"°"*^' shall have been removed, and also the lot formerly occ^ipied by its house of worship. Chiajy. 151. AN ACT to release to Elizabeth Buerkel the real estate of which Henry Buerkel died seized. Passed April 10, 1814 ; by a two-third vote. The People of the 8tate of New York, represented in Senate and Assembly^ do enact as follows: Title of Section 1. All the right, title and interest which the People of the refeaSeS?. State of New York have acquired by escheat in the real estate in the village of Lyons, Wayne county, whereof Henry Buerkel, late of said village of Lyons, died seized, is hereby released to Elizabeth Buerkel, the widow of said Henry Buerkel. Not to ^2. Nothing in this act contained shall be construed to impair or righto of affect the right in the said real estate of any heir-at-law, devisee, pur- heirt, Ac. chaser or creditor by judgment, mortgage or otherwise. ^ 3. This act shall take effect immediately, Chap. 153.] NINETY-SEVENTH SESSION. 177 Chap. 152. AN ACT to confirm the title of certain real estate in Esther Young, the widow of Joseph Young, late of the county of Clinton, an alien, deceased. Passed April 10, 1814 ; by a two-third vote. The People of the State of Neio York, represented in Senate and Assembly, do enact asfoUotos : Sbcmon 1. All the right, title and interest of the People of this State Title of in and to a certain lot of land situate in the town of Chazy, in the refeaSed. ^ county of Clinton, which was conveyed to Esther Young by Joseph Yonnf, her husband, an alien, now deceased, according to a certain deed bearing date August nineteen, eighteen hundred and sixtv-four, and oontaining about one acre and forty rods of land, more or less, is hoeby released to the said Esther Young, and she is hereby authorized and empowered to hold and convey the game, in the same manner and with like effect as if the parties to said deed were natural-born citizens of the United States. 2. Nothing in this act contained shall be construed to imx)air, release Proviso, or discharge any right, claim or interest of any creditor by mortgage, judgment, or otherwise or of any heir-at-law, grantee or devisee in said leal estate. ^ 3. This act shall take effect immediately. Chap. 153. AN ACT to release the interest of the People of the State of New York in certain real estate in the town of Dunkirk, to Jane Errington. Passed April 10, 1814 ; by a two-third vote. The People of the State of New York, represented in Senate and AssemiUp, do enact cm foUotoe : SscTiON 1. All the estate, right, title and interest of the people of Title of the State of New York, which may have been acquired by reason of JJ®^J^*J® the alienage of Thomas Errington, deceased, in and to all that certain tract or parcel of land situate, lying and being in the village of Dun- kirk, Chautauqua county. State of New York, more particularly known and distinguished on a certain map filed in the o^ce of the clerk of said county, and entitled, " Map of part of the town of Dunkirk, Chautauqua county. State of New York, eighteen hundred and thirty- oght," as lots numbered sixty-three, sixty-five, sixty-seven, on Fawn street, in block number five hundred and sixty, is hereby released to nid Jane Errington, widow of said Thomas Errington, deceased, her heirs and assigns, forever, with the right to sell and convey the same. \ 2. Nothing in this act contained shall be construed to impair or Proviao. affect the right in the said real estate of any heir-at-law, devisee, pur- Aaaer, or creditor by judgment, mortgage or otherwise. \ 3. This act diall take effect immediately. X78 LAWS OF NEW YORK. [Chap. 156. Chap. 154r. AN ACT to extend the time for the collection of taxes in the city of Elmira. Passed April 10, 1874 ; three-fifths being present. The People of the State of New Yorky represented in /Senate and Aeaemtlyj do enact aafoUouos : Section 1. The time for the collection of taxes in the city of Elmira, county of Chemung, is hereby extended until the fifteenth day of May, eighteen hundred and seventy-four ; provided, however, that within ten days after the passage of this act, the collector of said dty shall x)ay over all moneys by him collected, and renew his bond to the sati^ac- tion of the supervisors of said city, or a majority of them. \ 2. This act shall take effect immediately. Chap. 155. AN ACT to legalize and confirm the oflBlcial acts of Isaac Carpenter, a^justice of the peace in the town of Scho- dack, in the county of Rensselaer, and to enable him to take and file his oath of office. Passed April 10, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly^ do enact asfolknjos : Aoteof Section 1. All acts and proceedings by or before Isaac Carpenter, a ihe^peaM j^^^i^ ^^ ^^ peace of the town of Schodack, in the county of Rens- legalized, sclaer, since the commencement of the term of oflSce Tor which he was elected, to wit, the first day of January in the year one thousand eight hundred and seventy-four, are hereby declared as valid and of as foil effect as if he had token and filed his oath of office within the time piovLbo. required by law ; but this act shall not afiect the rights of any party to any suit or proceeding commenced previous to the x)a8Bage of this act. Official § 2. The said Isaac Carpenter may, within ten da^s after this act oat»»- shall take effect, take and tile his official oath as a justice of the peace, and he shall thereupon be entitled to enter u^n and discharge the duties of said office during the residue of his said term. ^ 3. This act shall take effect immediately. Chap, 156. AN ACT in regard to serving citations upon minors and special guardians. Passed April 10, 1874 The People of the State of Neto Tork^ represented in Senate and Assembly, do ena^ a^foUotos : Section 1. In proceedings of administrators and executors, on final piettlements of their account^, minors {shall be served with dtations, and Chap. 158.] NINETY-SEVENTH SESSION. 179 special guardians appointed, in the same manner as citations are feqoiied to be served and special guardians appointed on the proof of wills, and in no other way. \ 2. This act shall take efifect immediately. Chap. 157. AN ACT to authome the city of Rochester to levy a tax for the purpose of completing public school buildings. Passed April 10, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as foUcnos : Sbctiok 1. The common council of the dty of Rochester is hereby Tax an- anthorized and empowered to raise, by tax upon all the taxable prop- *^<*'^^*«^- erty of said city, in their next general assessment for taxes, the sum of twenty-three thousand dollars, for the purpose of completing the "Madison Park," "Monroe" and ** Number Eighteen " public school boildings. \ 2. This act shall take efifect immediately. Chap. 158. AN ACT to amend the charter of the village of Akron, in the county of Erie. Passed April 10, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly , do enact as follows : Section 1. The assessors for the village of Akron shall, between the vniage firet day of May and the first day of July in each year hereafter, when f^niak" engaged in making the annual assessment of real and personal property ^^ o[pe«' in said village, ascertain and make a list, subscribed by them, of all the to work on names of the inhabitants of said vilWe who are liable, under the laws i^^Ki^waya. of the State, to work on highways, ana the trustees of said village shall have power to assess said inhabitants and the real and personal prop- erty in said village annually, such an amount, denominated '^ street street tax. tax," as they shall deem necessary, not exceeding the sums hereinafter specified ; which street tax shall be assessed as follows : Each male Mode of inhabitant of the age of twenty-one years and upward, except paupers, thYsame. idiots and lunatics, the sum of one dollar ; and all persons owning or occupying proi)erty and estate, real and personal, incorporated com- panies, banks and banking associations, in said village, liable to taxa- tion, shall be assessed not exceeding the sum or rate of one-fourth of one per cent, for each dollar of valuation. The street taxes thus streettax, aaeetssed shall be collected by the village collector, under a warrant of {^cTed?^ the trustees, in the same manner in all respects, and for the same fees, as other taxes assessed in said village, and shall be paid over in like manner to the village treasurer, and all provisions contained in the Provisions charter of the said village, and the several acts amendatory thereof, in chane?** regard to the collection or recovery of taxes, or the sale of property appUed, 180 LAWS OF NEW YORK. [Chap. 159. therefor, or in any other respect whatever, shall apply to such street tax, BO far as applicable, as fully afl to any other tax assessed in said village. Repeal. § ^* This act is hereby declared a public act, and all acts and parts of acts inconsistent witn this act are hereby repealed. ^ 3. This act shall take effect immediately. Chap. 159. AN ACT to legalize and confirm all laws, ordinances and resolutions heretofore passed by the common council of - the city of Albany, and approved by the mayor thereof, directing or authorizing the constructing or building of any drain or sewer, together with the contracts made or entered int6 thereunder by said common council or the board of contract and apportionment of said city, to provide for the taking and acquiring of real estate and appurtenances for the purpose of constructing, building or maintaining any drain or sewer, built or to be built, or constructed, assessing the damages and recompense of the owner or owners thereof, and for the apportionment and assessment of such damages and recompense, and expense of building and constructing such drain or sewer, with the incidental expenses attending the same, and for the enforcing and collecting of such apportionments and assessments. Passed April 10, 1814 ; three-fifths being present The People of the iState of New York^ represented in Senate and Aseemblpf do eruict as follows : ordinan- Sbction 1. All laws, Ordinances and resolutions heretofore passed by toacte!*'^ the common council of the city of Albany, and approved by the mayor Ac^iegai- of said city, directing or authorizing the construction or building of any ^ * drain or sewer therein, together with the contracts made or entered into thereunder by said common council, or by the board of contract and apportionment of said city, and the construction and building of the drain or sewer under said law, ordinance, resolution and contorct are and the same hereby is ratified, legalized, confirmed and made valid. Lands ^ 2. In caso the common council of said city of Albany shall deem it uikenf necessary, by a vote of two-thirds of all the members elected to said common council, to be taken by yeas and nays, and entered in its min- utes, to take within the said city any ground or other real estate, with the appurtenances belonging to any person or persons for the purposes of constructing, building or maintaimng any drain or sewer heretofore built or constructed, or hereafter to be built or oonsfjructed under any law, ordinance or resolution of the said common council, the title to such ground, real estate and appurtenances may be acquired and taken, and Damages, the damages and recompense of the owner and owners awarded and aMM^ed^* assessed in the manner provided in and by title seven of chapter seventy- seven of the laws of eighteen hundred and seventy, and the other por- Chap. 161.] NINETY-SEVENTH SESSION. 181 tions of said chapter affecting the same, and the several amendments of and to said title and chapter. \ 3. The damages and recompense to such owner and owners, and the Compen- expense of building and constructing such drain or sewer, with the inci- c^8£?Ao. dental costs and expenses attending the same, shall be apportioned and to be 'as- " assessed among all the houses and lots and vacant lots and franchises o*nprop-^ intended to be benefited by such drain or sewer in proportion to the JJ^^®*^*" advantages which each shall be deemed to acquire, in the manner pro- vided in and by title eight of chapter seventy-seven of the laws of eighteen hundred and seventy, and the other portions of said chapter affecting the same, and the several amendments of and to said title and chapter, and such apx)ortionment and assessment, when completed, shall How on- have all the vaUdity and effect provided for in and may be enforced ^"^'^^®*- and collected in the manner provided for in and by said title and chapter. \ 4. This act shall take effect immediately. Chap. 160. AN ACT to extend the time for the collection of taxes in the town of Wallkill, in the county of New York.* Passed April 10, 1814 ; three-fifths being present. The People of the State of New Tork^ represented in Senate and AsaetnUy, do enact asfoUotoa : Section 1. The time for the collection of taxes in the town of Wallkill, coanty of Orange, is hereby extended to the first day of June, eighteen hundred and seventy-four ; provided, however, that within ten days after the passage of this act, the said collector shall pay over all moneys by liim collected, and renew his bond to the satisfaction of the super- visor of the said town. i 2. This act shall take effect inunediately. Chap. 161. AN ACT in relation to the Herkimer and Mohawk Street Kailroad Company. Passed April 10, 1814 ; three-fifths being present. The People of the State of New Yorky represented in Senate and AssenMf/f do enact asfoUmos: Section 1. The Herkimer and Mohawk Street Railroad ComjMiny, in corpora- the towns of Herkimer and German Flats, in the county of Herkimer, ^J*^®'®* beretofore organized under the ''Act to authorize the formation of rail- load oomx)anie8, and to regulate the same," passed April second, eighteen hundred and fifty, and the several acts aaditional and amenda- tory thereof, is hereby declared to be a body corporate, with the powers and privileges conferred by this act, and the duration of the same may he (me hundred years from the passage of this act. \ % The said corporation is hereby authorized to construct, build and Anthority: maintain a railroad, to be oi)erated with horse power, in and along the J^iroad — — . ^___^_ confer- . ... x^. * So in ongiual. 183 LAWS OF NEW YORK. [Chap. 163. Provislona of the act or April 2d, ld2W, inapplica- ble. Exemp- tions. Liabili- ties and privileges. Mode of construc- ting rail- road. Fare. highway from the village of Herkimer to the vilWe of Mohawk, and in and along the main street in the village of Mohawk, according to any permission and grant heretofore given and made for that purpoBe, by the trustees of the said villages of Herkimer and Mo^wk respectively. & 3. All provisions of law contained in said act passed April second, eighteen hundred and fifty, and the several acts additional and amenda- tory thereof, prescribing the weight and kind of rail to be used, are declared to be inapplicable to the road authorized by this €Lct, and the same company is also declared to be exempt from sections twenty- seven, thirty-seven, thirty-eight, forty, forty-four and forty-five of said act ; and from sections one and two of chapter one hundred and forty ; and section eight of chapter two hundred and eighty-two of the laws of eighteen hundred and fifty-four. § 4 Except as in this act provided, the said comx)any shall be subject to all the provisions and liabilities, and shall have all the powers and privileges contained and specified in the said act of April second, eighteen hundred aifd fifty, so far as the same shall be applicable. ^ 5. The aforesaid railroad shall be constructed on the most approved plan for the construction of railroads, and the track of such road shall be flush with the sur&ce of the street or highway, and shall conform to the grade as it now is, or as it shall from time to time be altered, and the company hereby created shall keep the surface of said street inside the rails, and for one foot outside thereof, in good and proper order and rex)air. Said company may charge and receive for carrying of passen- gers a sum not exceeding fifte^a cents each. § 6. This act shall take effect immediately. Chap. 162. AN ACT authorizing the Dry Dock Savings Institution of the city of New York to change its location. Passed April 11, 1814 The People of the State of New York, represented in Senate and Assembly^ do enact aefoOjowa : SBcnoN 1. The Dry Dock Savin«i Institution of the city of {few York is hereby authorized to change its location to any jxjint between Second street and Fourth street, east of Broadway and west of Second avenue, in said city. § 2. ThiB act shall take effect immediately. Chap. 163. AN ACT for the relief of Thomas O'Brine. Passed April 11, 1874 ; three-fifths being present The People of the State of New York, represetUed in Senate and AeeerfMy^ do enact aafdllowa : state pri- Sbction 1. The board of Inspectors of State Prisons are hereby author- Bpectors i^^ ^ examine the claim of Thomas O'Brine, of Dannemora, Clinton tore to county. New York, for damages occasioned by the deposit of sand and oiiSm!^^ refuse upon his lands, and the use of and injury to uie waters of the Chap. 165.] NINETY-SEVENTH SESSION. 183 stream that rons over said land, by the State, and to certify and award said (XBrine audi earn as they may decide just and equitable ; and the comptroi. Comptroller is hereby authorized to draw his warrant on the Treasurer J-anl^*'' for such sum as said board shall determine and certify to be just and equitable, not exceeding tiie sum of two hundred and fifty dollars, to be i)aid out of any moneys not otherwise appropriated, in favor of Thomas O'Brine, whenever the said O'Brine shall execute or cause to BeieaAe. be executed to the State of New York a ffood and perpetual release to be approved of by the (Comptroller, of all that certain piece or parcel of land owned by him, lying south of Clinton prison, that is now, or may hereafter be covered with water, sand, gravel or olJiier refuse flow- ln£p from Clinton prison. \ 2. The sum of two hundred and fifty dollars, or so much thereof as Appro- may be certified as herein provided, is hereby appropriated for the pay- p"***<>*^- ment of the above claim, payable out of any money in the treasury not otherwise appropriated. § 3. This act shall take effect immediately. Cliap. AN ACT to legalize and confirm a sale of real estate, by the supervisor and town clerk of the town of Jamaica, Queens county, Long Island, to Sally Ann Carpenter and her heirs and assigns. Passed April 11, 1814 ; three-fifths being present. The People of the State of New Yorkf represented in Senate and Assembly J do evxuat asfoUatoe : SscnoN 1. The resolution adopted at an annual meeting of the elec- saie of tOTB of the town of Jamaica, Queens county, Long Island, assembled f||iiu^!^ in the village of Jamaica on the first day of April, eighteen hundred and fifty-one, namely, " Resolved, That the sux)ervisor and town clerk, for the consideration sum of one dollar, execute and deliver to the said Sally Ann Carpenter a good and sufficient deed of conveyance for one square acre of land upon which said house now stands," is hereby approved and ratified, and the title to the premises in question is l^reby legalized and confirmed to the said Sally Ann Carpenter and her heirs and assigns forever. ^ 9. This act shall take effect immediately. Cliap. 165. AN ACT extending the time for the organization of the Mutual Trust Institution of the city of New York. Passed April 11, 1814. The People of the State of New Torif represented in Senate and AssenMy^ do ena^ asfoUaws : Section 1. The time in which the Mutual Trust Institution of the dty of New York is required to complete its organization by law, and by an act entitled "An act to incorporate the Mutual Trust Institution of the city of New York," passed April twenty-fourth, eighteen hundred and seventy-two, is hereby extended for one year firom the passage of this act LAWS OF NEW YORK. [Chap. 166, Chap. 166- AN ACT to incorporate the Maritime Association of the Port of New York. Passed April 11, 1874. The People of the State of New York, represented in Senate and Assembly J do enxict asfoUotos : Corpora- Sbction 1. Thoinas P. Ball, Henry P. Booth, Duncan R. Norvell, ***"• Charles F. Elwell, Heiyy Buschman, James R. Boyd, James Stafford, George F. Bulley, Frederick F. Phillips, John F. Merrill, Jacob R Tel- fair, Abiel Abbott, J. Ernest Miller, George H. Brewer, Amerton Yale, H. W. 0. Edye, Charles Bertaux, William H. Van Brunt, Albert H. Brown, John Camerdeu, Isaac P. Williams, Edward N. Norton, John P. Gilchrist, Daniel Barnes, David B. Dearborn, Marcus Hunter, Ben- jamin P. Lunt, and such other persons as are now associated with them in the association now known as the '^ Maritime Association of the Port of New York," or as may hereafter become associated with them as members of the corporation hereby created, are hereby constituted a Corporate body corporate, by the name of the " Maritime Association of the name. p^j^ q£ j^^^ York," with perpetual succession, and the power to use Corporate a common seal, and to alter the same at pleasure, to sue and be sued, powere. ^ ^^Q ^^^ YloM by gift, grant, purchase and devise such real and personal property as the purpose of said corporation shall require, not exceeding two hundred and fifty thousand dollars, and to sell, lease, convey and mortgage the same, or any part thereof. Objects. § 2. The object of this corporation shall be to more conveniently transact all business relating to the maritime interest of the port of New York, by the establishment of a permanent place of meeting, to be known as the Maritime Exchange. By-uw8. S 3. The corporation may fix by-laws,* the requisites of membership, and the time and manner of election thereto, and the amounts and time of pavment of the fees and dues thereof, and it may increase or Terms of duuinish the Same at pleasure ; and all persons who may be elected member- ^ membership, in the manner provided by the said by-laws, may become members thereof, ujKjn payment to the treasurer of the fees and dues as prescribed by said by-laws, and upon signing this act of incorporation. Board of § 4. The proi)erty, affairs, business and concerns of the said corpora- directors. ^Qjj hereby created shall be managed by a board of directors, conjsist- ing of the president, treasurer and secretary of said corporation, whose several duties shall be prescribed by by-laws, and by twenty-one How members, all of whpm shall be chosen by ballot from the members of chosen, gg^j^ corporation, arid shall hold their office for one year, and until Term of others shall be elected in their stead ; but the said corporation may, Sode o?^ ^7 * niajority vote thereof at a special meeting thereof, to be called in election such manner as may be provided by the by-laws for calling special changed, meetings thereof, and to be held at any time not less than two months previous to the time fixed by this section for the election of officers, change the manner of election and the terms of office of the members of said board of directors then next to be chosen, exclusive of said ciassuica- president, secretary and treasurer, so that they shall be so classified as tion. .-.^ * So in original. Chap. 167.] NINETY-SEVENTH SESSION. 185 to their terms of service, either by lot after election or otherwise, that one-third of their number shall go out of office at each annual election thereafter ; and if such change shall so be made, then at each succeed- ing election directors shall only be voted for in plac« of those whose terms shall expire under the classification aforesaid. The present Kxigting officers and directors of said association, as the same is now constructed,* ^ocll- ^^ shall he the officers and directors of the said corporation until their 'ion. present terms of service shall expire, and until others, under the pro- Tiaions of this act, shall be chosen in their stead. All vacancies which vacan- may occur in the said officers or board by death, resignation or other- Sued.^^^ wiae, shall be tilled by the board of directors for the remainder of the term, from members of the corporation, and the officers and directors to be hereafter elected shall be so chosen at regular meetings of said oorporation, to be held on the second Monday of January in each year, at a time and place to be prescribed by the by-laws. ^ 5. The board of directors shall have power to appoint such clerks, cierks, a^ attorneys, counsel and other agents, as may be deemed necessary to &c"®*^^' protect the interests of the coi*poration and of its members, or to further the objects for which the said corporation was organized, and annually Arbitra- te appoint an arbitration committee from the members of the corpora- mmo^e^™" tion, consisting of ten persons, who shall not be directors or officers thereof. It slmll also be the duty of the said board of dire(?tors to have Board of the general care and supervision of all matters aifecting the rights and to^have^a interests of the corporation, to consider and bring to its notice, at regu- fjj"gf *L lar and special meetings, all subjects that may require the action of said iou.^*^ corporation, and to consider and report on all matters that may be referred to it by the said corp6ration. Seven members of such board Qnornm. shall constitute a quorum for the transaction of business. ^ 6. The said corporation shall have power to suspend from member- snspen- Bhip, or to expel, any member in such manner and for such cause as Ixpnis^oii the by-lavrs may provide, and, upon such suspension or expulsion, the ofmem- right and interest of such member in and to the property of said corpo- eff"i of. ration shall be also suspended or shall cease altogether, according as he shall either be suspended or expelled. The said corporation shall also By-iaws. have power to make all proper and needful by-laws and amendments or alterations to the same, not contrair to this act or to the Constitution of the State of New York, or of the United States. \ 1. At all regular and special meetings of the corporation, twenty 5{P®,7^5?** members thereof shall be a quorum sufficient to transact i:)usiness. apeciaf ^^ \ 8. This act shall take efi'ect inmiediately. meetrnga. Chap. 167. AN ACT to amend the charter of the Sunday School Union of the Methodist Episcopal Church, and the acts amen- datory thereof. Passed April 11, 1874. The People of the State of New York^ represented in Senate and A^smnUp, do enact a^ follows : Sbction 1. The act entitled " An act to incorporate the Sunday School Union of the Methodist Episcopal Church," passed Febniary four, * So in orijpnal. 13 LAWS OF NEW YORK. [Chap. 167. eighteen hundred and' fifty-two, and any act amendatory thereof or relating to Bald society, are hereby respectively amended so as to read as follows : Corpora- § 2. The Several persons now composing the said sodety, and all '**"• persons who may become associated with them, and their successors, are hereby constituted a body corporate and i)olitic, by the name of the Corporate " Sunday^ School Union of the Methodist Episcopal Church," and by that '**™®' name they and their successors shall and may have i)erpetual succession, Corporate and shall in law be capable of suing and being sued in any court what, powers. QY^ty and may have and use a common seal, and the same may alter at pleasure ; and such corporation is and shall be capable of purchasing, holding and conveying such real and personal estate as the purposes of the said corporation shall require, not exceeding in amount the sum of five hundred thousand dollars ; but the annual income of the real estate held by it at any one time, within the state of New York, shall not exceed the sum of seventy-five thousand dollars. oiiijectB. § 3. The objects of the said corporation are charitable and religious designed to advance the interests and promote the cause of Sabbath schools in connection with the Methodist Episcopal church, in the Uni- ted Stat^'«™- Bevised Statutes of the State of New York. ( 8. This act shall take effect immediately. Chap. 168. AN ACT to amend chapter two hundred and thirty-five of the laws of eighteen hundred and sixty-seven, entitled "An act to amend an act entitled *An act to consolidate road districts eighteqii and nineteen, in the town of Ledyard, in the county of Cayuga, and to provide for the election of pathmaster in said district,' " providing for the appointment of an overseer of highways in said district. Passed April 11, 1874 ; three-fifths being present. The People cf the State of New Yorhj represented in Senate and Assembly^ do enact osfGUowa : Section 1. The second, third and fifth sections of the act passed Bepeai. April second, eighteen hundred and sixty-seven, entitled "An act to amend an act entitled 'An act to consolidate road districts eighteen and nineteen, in the town of Ledyard, in the county of Cayuga, and to pro- vide for the election of x)athmaster in said district,'" are hereby repealed. \ 2. The overseer of highways for said district shall be appointed by Appoint- iheoommissioner or commissionera of highways for the town of Ledyard, ^erioer. in fte same manner as the overseers of highways are appointed for the other districts in said town, and he shall be subject to the same duties Hispow- and possess the same powers imposed and conferred by law upon ovei- ^"tus!* eeers of highways generally. \ 3. Section four of saia act is hereby amended so as to read as follows : \ 4 The person so apx)ointed overseer of highways shall, before enter- Bond of ing upon his duties, execute and deliver to the supervisor of the town of overseer. I^yard, a bond in the penal sum of one thousand dollars, with one or more sureties, to be approved by said supervisor, conditioned for the &ithful discharge of his duties ^is such overseer of highways. \i> This act shall take effect February twenty-fourth, eighteen hundred and seventy-five. 188 • LAWS OF NEW YOEK. [Chap. 170. Chap. 169. AN ACT to amend chapter three hundred and ninety-five of the laws of eighteen hundred and seventy- three, entitled " An act to alter the system of repairing the highways," passed May second, eighteen hundred and seventy-three. Passed April 13, 1874 ; three-fifths being present. The People of the State of New York^ repres&nted in Senate and Assembly y do enact asfoUotos: Section 1. Section three of chapter three hundred and ninety-five of the laws of eighteen hundred and seventy-three, entitled ** An act to alter the system of repairing the highways,'* passed May second, eigh- teen hundred and seventy-three, is hereby amended so as to read as follows : Annnai § 3. It shall be lawful for any town vAing in favor of such change to highways- ^^ ^^ *^^' *^ ^ levied and collected the same as any other tax, for the repair of its highways, an annual sum of money, which shall be at least equivalent to the value of the days' work theretofore assessed at the commutation prices. ^ 2. This act shall take effect immediately. Chap. 170. AN ACT to amend chapter five hundred and twenty-six of the laws of eighteen hundred and seventy-three, entitled "An act to incorporate the Monticello and White Lake Turnpike Company," passed May sixteenth, eighteen hundred and seventy-three. Passed April 13, 1874 ; three-fifths being present. T?ie People of the State of New York, represented in Senate and Ass&rnbly, do e?iact asfoUotos: Section 1. Section two of an act entitled " An act to incorporate the Monticello and White Lake Turnpike Company," is hereby amended so as to read as follows : Capital Is 2. The capital stock of said comi)any shall consist of two hundred ^^^^' and seventy-five shares, of ten dollars ea(;h, and when ten per cent When shall be paid into said company by the subscribers to said two htmdred may'take ^^^ scventy-five shares, the said company shall be authorized to take poe^- poi»8e38ion sessiou of that part of the abandoned turnpike road which lies between doned"' Monticello and the road leading from White lake to Black lake, and road. which, before such abandonment, was a part of the Newburgh and Proviso. Cochecton turnpike road ; provided, that the consent, in writing, of the commissioners of highways of the respective towns of Thompson and Bethel shall first be obtained and filed in the office of the county clerk of Sullivan county. ^ 3. This act shall take effect immediately. Chap. 171.] NINETY-SEVENTH SESSION. 189 Chap. 171. AN ACT to amend an act entitled "An act in relation to the city court of Yonkers,'* passed March eighth, eighteen hundred and seventy-three. Passed April 14, 1814 ; three-fifths being present. The People of the State of New To7'k, represe^ited in Senate and Assembly y do enact as fellows : Section 1. Section three of the act entitled "An act in relation to the dty court of Yonkers," passed March eighth, eighteen hundred and aeventy-three, is herel^ amended so as to read as follows, namely : \ 3. The said city court shall have civil jurisdiction in all actions for Jnristiio- the recovery of money, only where the amount demanded in the sum- Sty court mens or for which judgment shall be asked, entered or rendered, shall deimed. not exceed one thousand dollars, and the interest thereon, exclusive of costs and disbarsements, provided that one of the parties to the action shall be a resident of the city of Yonkers, or a resident of a town in the ooanty of Westchester adjoining said city, or where the defendant shall bye property within said city which may be taken on attachment or execQtion in said action, and the summons may be served within the sdd city or at any place within Westchester county. In any action Action in oommenoed before a justice of the peace within the city of Yonkers, the iSnrttn jastioe before whom such action shall be pending, upon the application ^»« city of of the defendant in such action, shall make an order removing such how r^e"* action at any time after issue joined, and before trial, into the city court ^^^^ ^^' of Yonkers, upon the said defendant executing to the plaintiff an under, oonrt. taking, in a i)enalty not exceeding two hundred dollars, with one or more sufBcient sureties to be approved of by the city judge of Yonkers or by the justice before whom such action is pending, conditioned to pay to the plaintiff the amount of any judgment that may be awarded against the defendant by said city court in such action, and thereupon the aaid dty court of Yonkers shall have the same jurisdiction in said action as though the same had originally been brought in said city eoart \ 2. Section ten of said act is hereby amended to read as follows, namely : \ 10. The clerk of the city court of Yonkers shall keep in his office a pocketing book, to be called a judgment docket, and he shall docket all judgnaents iSents. rendered in said court, and a transcript of the docket of any such judg- aient, issued by the clerk of the city court of Yonkers, under the seal Tran. of said dty court, may be filed in the office of the clerk of any county finig^' ^^ in the State, and such judgment shall thereux)on be docketed in such thereof, county, and the same may thereupon be enforcjed in the same manner, effect^ and the same proceedings taken thereon, with like effect in all respects, as if such judgment had been rendered in the Supreme Court and first docketed in the office of the derk of the county of Westchester. When Tran- a transcript of the docket of any such judgment shall be filed in the an jjudg-^ office of the clerk of Westchester county, and there docketed, the same nient nay be enforced at the election of the judgment creditor, either by pro- ii? west*^ <»eding8 in the city court of Yonkers, or before the dty judge of ^^J®^®5 Yonkers, or by proceedings before the county judge of Westdiester how eu- county, or in the county court of We8t(?hester county, in the same man. ^^'^e^- iier as upon a judgment docketed upon the filing of a transcript of a 190 LAWS OF NEW YORK. [Chap. 171. Proceed- judgment rendered in a court of a justice of the 'pesjOQ. Whenever an piomeS- execution against property of a judgment debtor, upon a iudgment lury to rendered in said city court shall be returned unsatisfied in whole or in before***"* part by the sheriff of Westchester county, or by the marshal of the city cityjudge. court of Yonkers, and the debtor shall reside in the county of West- chester, the same proceedings may thereupon be had before the city judge of Yonkers as by the provisions of chapter two of title nine of the act entitled ''An act to simplify and abridge the practice, pleadings and proceedings of the courts of this State," commonly called the Code jnriscUc of l4ocedure, and in such proceedings the city judge of Yonkers shall c^ Judge ^ve all the power and jurisdiction in said chapt^ given to a county therein, judgej and upon the making in any such proceedings by said city judge Order, ap- of Yonkers of an order appointing a receiver of the property o^ the gSJSfJ,"f* judgment debtor, such order shall be filed and recorded in the office of where to the clerk of the county of Westchester with the like effect in all respects, ® as is provided in said chapter. ( 3. Section fourteen of said act is hereby amended to read as fol- lows, namely : Costs. ^ 14. In all actions where the amount recovered is fifty dollars or more, when the defendant does not appear, the plaintiff shall be entitled to the sum of ten dollars for his costs, beside his disbursements. Where the amount recovered is two hundred dollars or more, fifteen dollan^costs and his disbursements, and where an issue is joined and a trial had, in all cases, ten dollars in addition. Where the amount claimed in the summons shall be less than fifty dollars, the prevailing party shall be entitled to recover his disbursements. If judgment be given against the plaintiff in any action where the amount claimed shall be fifty dollars or more, after an appearance by the defendant, the defendant shall be entitled to the sum of ten dollars, when judgment is rendered without trial, and twenty dollars where a trial is had upon Extra ai- an issue of fact, and in an action where a trial shall be had wherein wuoont^* the claim is two hundred dollars or over, the court may, in its discre- thereof. tion, award to the prevailing party an allowance, independent .of costs. Costs OQ not exceeding twenty-five dollars. On the granting or denial of a new appeal, trial, Or of any motion, costs may be allowed to the prevailing party in the discretion of the court, not to exceed ten dollars, and the appellant shall be entitled on the reversal of judgment by the county court to twenty.five dollars costs, and the resx>ondent on affirmance thereof, aerk to twenty-five dollars, and on appeal from any order, ten dollars. The aSd^entor clcrk of this court shall adjust, tax and insert the costs, together with same In all necessary disbursements, in the entry of judgment, on 3ie applica- judgment. ^^^ ^^ ^Yiq successful party, upon a notice of two days to the adverse paitty ; but such costs shall be subject to retaxation by the court, if either party be aggrieved thereby, upon a notice to the other party of two days. ^ 4 Section twenty of said act is hereby amended to read as follows, namely : Clerk's ^ 20. There shall be paid to the clerk of the city court, the following ^^^' fees : In all actions where the amount claimed shall be fifty dollars or more, two dollars and fifty cents for every trial in said court, which fees shall be paid before the action is placed on the calendar ; twenty- five cents for every transcript of judgment ; one dollar for entering judgment. Where the amount claimed shall be less than fifty dollars his fees shall be the same as, by law, are required to be ysiid a court of Jnrors' a justice of the peace, and jurors shall be paid, in such cases, the same '^'' fees as in such justices^ courts, and all fees shall be x>&id before the Chap. 172.] NINETY-SEVENTH SESSION. 191 entry of jndgment. All fees or fines x>a'icl to the city' judge or to the what fee* i clerk of the city court, except jurors' fees, shall be paid over to the dty Ju^^a*- treasorer, to the credit of the city of Yonkers. The clerk of said court titer. Bhall keep an account of all nvoneys received by him, and the same cierk to shall, at all times, be open for inspection of the treasurer of the city of Jjcoant. Yookera. Every juror who shall actually sit on the trial of an action Jaron* in the dty court, where the amount claimed shall be fifty dollars or ^^' more, shall receive the fee of twenty-five cents, and the sheriff or mar- sheriff's ahal shall, in each case tried, receive the sum of three dollars for his sht^sUe. semces in summoning the said jury and attending the court during the trial of the cause for which said jury may have been summoned. The said marshal or sheriff and jury shall be paid their fees out of the jury fee fund. The said marshal shall be entitled to the same fees as the sheriff of Westchester county for like services, to be pwd by the party requiring his servicea ^ 5. All appeal from an order or judgment of the dty court of Time for Yonkers must be taken within thirty days after written notice of the *pp«*^- entry of such judgment or order. § 6. Whenever a panel of jurors shall have been drawn and sum- cierk to moned in said dty court, and shall thereafter be discharged, it shall be Jl^moS of the duty of the clerk of said court to return to the jury box the names 4">'<>"' ^ of all such jurors as shall not have been actually impaneled for the trial in^certain of an action, and when so returned to such box they may again be c**®*- drawn in the same manner as though such names had not been pre- viously drawn therefrom. \ 1. This act shall take effect immediately. Chap. 173. AN ACT to amend an act entitled "An act requiring canal superintendents to publish monthly abstracts of their official disbursements," passed March twenty-fifth, eighteen hundred and fifty-three. Passed April 14, 1814 ; three-fifths being present. Tke People of the State of New Tork^ represented in 8enate and AgsenMyf do enact asfoUows : Section 1. Section one of chapter fifty-two of the laws of eighteen hundred and fifty-three, entitled "An act requiring canal superintend- entg to publish monthly abstracts of their official disbursements," pweed March twenty-fifth, eighteen hundred and fifty-three, is hereby amended so as to read as follows : \ 1. It shiall be the duty of each canal superintendent of this State, Monthly or of the officer ujwn whom the duties of superintendent shall be Suburae-**' devolved, on or before the twentieth day of each month, to publish in ments to Bome new8pax)er printed in any county through which any part of the uah'ed^' section of canal in his charge shall pass (giving preference to a news- paper published in a city and town located on the line of the section of canal in his charge, or in the county of his residence when possible), «n al)etract of his official disbursements during the preceding calendar month, stating therein the name and residence of every x)erson to Contenta whom he has paid money, and the amount paid to each ; if for labor, ^^^t^ the number of days and the amount per day ; if for material, the kind, quantity and price ; also a similar statement of all tools and implements 192 LAWS OF NEW YORK. [Chap. 174. veriflca- purchased, which abstract, verified by the oath of such superintendent, tio»- shall be published in the entire weekly edition of such newspaper, and said superintendent shall also make and file a duplicate thereof in the office of the county clerk in the county in which such superintendent Expense shall reside. The expense of publication herein provided for, at not cat?on.^* exceeding the legal rates now allowed by law for the publication of the Session Laws, shall be included from time to time in the monthly abstracts of the superintendent, and the amount thereof shall be paid in like manner, and upon like vouchers, as other disbursements and expenditures of the saia superintendent are audited and paid ; the said publication to be made in such form and manner as may be prescribed by the auditor, and the expense for publication shall be determined and approved by him. 2. Section two of said act is hereby repealed. 3. This act shall take effect immediately. Chap. 173. AN ACT to fix the time for transacting the business of the town at the annual town meeting for election of town officers. Passed April 14, 1814. The People of the iState of New Tork^ represented in Senate and Assembly, do enact a^s follows: Time for SECTION 1. The time for transacting the business of the towns in the ^onot S^-^^te of New York, which requires a vote of the people thereof, shall basinefia. be and is hereby fixed at twelve o'clock, m., of the day of the annual town meeting for the electk)n of town officers, and continue without adjournment till finished, excepting the balloting for town officers and the duties connected therewith. \ 2. No question involving the expenditure of money shall be intro- duced after two o'clock p. m., of the same day. Not appii- \ 3. This ac^ shall not apply to any town in this State, wherein the certaiiT manner of holding town meetings is regulated by special act. towns. ^ 4. This act shall take effect immediately. Chap. 174r- AN ACT to enable the trustees of the village of Batavia, in the county of Genesee, in this State, to raise money by a special tax, to pay the existing debtof said village. Passed April 14, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and Assernbly^ do enact asfoUotos: Special Section 1. The trustees of the village of Batavia, in the county of orized?*** Gfenesce, in this State, are hereby authorized and empowered to raise and collect by a si)ecial tax upon the taxable inhabitants and property Amonnt of the Said village, the siun of three thousand four hundred and ninety* thereof, gj^c dollars and eighty-nine cents, and are hereby directed to apply the How ap. same solely to the payment of the debts and liabilities of said village, pued. existing on the tenth day^of March, eighteen hundred and seventy-four. Chap. 175.J NINETY-SEVENTH SESSION. 193 ^ 2. The tax hereby authorized shall be assesBed, levied and collected Tax, how in the same manner that taxes are now authorized to be collected by the JfJiieotSS!^ diarter of said village, and may be included in the annual village tax, for the yeaj eighteen hundred and seventy-four. § 3. This act shall take effect immediately. Chap. 175. AN ACT to amend an act entitled "An act to amend and consolidate the charter of the village of Le Roy," passed April sixth, eighteen hundred and fifty-seven, and of the acts amendatory thereof. Paj:5sed April 14, 1814 ; three- fifths being present. I%« People of the StcUe of New York, represented in Senate and Assembly^ do enact as follows : Sbction 1. Section one of title one of an act entitled " An act to amend and consolidate the charter of the village of Le Roy," passed April sixth, eighteen hundred and fifty-seven, is hereby amended so as to lead as follows : \ 1. All that district of country hereafter described shall be known viiiago and distinguished by the name of the village of Le Roy, that is to say : riea?^*" Ail that part of the town of Le Roy, in the county of Genesee, bounded as follows, to wit : beginning at a point in the center of the Niagara road, on the west line of James R. Flinn's farm ; thence south, tfve degrees west, fifty-six chains and fifty links ; thence south, eighty-nine degrees and thirty-minutes west, to the west line of 8ummit street ; thence north, eighty-two degrees and fifteen minutes west, to a point in the west line of lands of the Rochester and State Line Railway Com- pany's lands ; thence northerly, on a line to a point in the center of the Niagara road, ten feet east of the center of the culvert constructed in said Niagara road, near the east line of the Benjamin Wilcox farm ; thence, north, fifty-nine chains to a point ; thence easterly on a line to the oentej of Lake street at its intersection with the Blodgett road ; thence easterly, to a x>oint in the west line of the Flinn farm, fifty-nine chains north of the center of the Niagara road ; and thence southerly, on the west line of the Flinn farm, to the center of the Niagara road, to the place of beginning. • ^ 2. Section one of title three is hereby amended so as to read as follows : ^ 1. The officers of the village shall be five trustees (one of whom viuage shall be president of the board of trustees), one treasurer, one clerk, one ^^^*^^^' police constable, who shall also be collector of taxes and assessments, and three assessors, all of whom shall be elected by ballot by the elec- How eiec- tow of said village, and hold their offices respectively for one year, and torm^oV^ until their successors shall be duly qualified, excepting only the trustees o^ico. of said village, who at the first election shall be elected for the respec- tiTe period of one, two, three, four and five years, the persons so elected First tms- to determine their respective term of office by lot, and one trustee to be theV ^rai electeri annually thereafter to hold his term of office for five years, g^®,^^® Such trustees shall not receive any compensation for their services. Also, ^ ^ excepting the assessors who, at the firet election, shall be elected, one for one year, one for two years, and one for three years, and one annu- ally thereafter for the term of three years. 194 LAWS OF NEW YORK. [Chap. 175. ^ 3. Subdivision ten, section three, title four, is hereby amended so bb to read as follows : Powers of 10. To compel all owners and agents of railroads to erect and main^ tarastoea. ^^^ ^^ their own expense, at all, or any intersections or crossings, Baiiroad Suitable lamps, and to keep lights burning therein during the night crosaings. time, for the safety and protection of persons and teams passing along such streets, or upon sudi sidewalks, and to prohibit any and all rail- way cars and trains firom stopping or standing in or upon any public street or highway in said village. ^ 4. Subdivision twenty-two, section three, title four, is hereby amended so as to read as follows : Hawking 22. To restrain and prevent hawking and peddling in the streets ; dUng.^^ to regulate, restrain or prohibit sales by auction, and to grant licenses to auctioneers. ( 5. Subdivision twenty-five, section three, title four, is hereby amended so as to read as follows : pire de- 25. To establish and organize a fire department, to be composed of partraent. ^^^ ^^ more fire and hook and ladder, bucket, hose and hydrant com- panies, in said village ; and regulate the management, use and protec- tion of the engines, hose-carts, hooks and ladders and buckets belomg- ing to said village ; to prescribe the powers and duties of the fire, hose, hook and ladder, hydrant and bucket companies, and all members thereof in any particular, the members of which shall always be subject Compen- to removal by the trustees, and such trustees shall have power to Semenf employ and pay such companies annually for their services a sum not exceeding two hundred dollars, to be paid from the general fiind of said village. ^ 6. Section seven, title four, is hereby amended so as to ^jread as follows : General ^ 1. The Said trustees shall have power to enforce all provisions of S-oeteM?^ this act, and all rules, regulations, ordinances and by-laws, by them enacted or ordained in pursuance of the powers conferred upon them Penalties, by this act, by enacting or ordaining penalties to be incurred for each and every violation of the same, not exceeding one hundred dollars for any one offense, to be recovered, with costs, in an action .in the corporate name of said village, in any court having cognizance thereof ; Compe- and no person shall be deemed incompetent either as justice, judge or justice^' juror or witness, by reason of his being an inhabitant of said village, *c. ' upon any trial for the recovery thereof. And all fines imposed by any Finea. justice 01 the peace for any violation of the excise laws of the State of New York, or for any breach of the peace committed within the corporate limits of said village, shall be paid into the treasury of said corporation by the officer receiving the same, within ten days after the payment thereof to him, and shall become the property of said village. ^ 1. Section ten, title four of said act, is hereby amended so as to read as follows : Pire ©n- ^ 10. The trustees shall have power to procure fire-engines and other other ap-^ apjMuratus for the extinguishment of fires, and have the charge and con- paratnB. trol of the Same, and to provide fit and secure engine-houses and other places for keeping and preserving the same, and also power and Water- authority to purchase machinery, main • pipes, hydrants ana all neces- works. g^yy appUauces and appurtenances for the construction of water-works for extinguishing fires in said village, and to levy and collect all sums ui>on the taxable property of said village, necessary for the payment Chap. 176.] NINETY-SEVENTH SESSION. 195 iheieof, sach tax, however, not to exceed two thousand dollars in any one year, and to be levied and collected with the general tax. ^ 8. Section one, title seven, is hereby amended so as to read as followB : \ 1. The trustees of the said village shall have power to raise, levy Power of and collect, by tax upon the taxable inhabitants and property in said ******o^- village, for the purchase of any real or personal property for the use of objects. said corporation, and to carry out the general objects and to defray the ordinary expenses thereof, such sums as they shall deem proper, not exceeding two thousand dollars in any one year ; and also such addi- tional sum, not exceeding one thousana dollars in any one ye.ar, as shall be authorized by a vote of the electors who are taxable upon their real or personal property, at the annual meeting for the election of officers in such year. ^ 9. Section two of title seven is hereby amended so as to read as follows : § 2. The said trustees shall also have power to assess, levy and col. Highway lect, by tax upon the taxable inhabitants and property in said village, **** annually, such an amount, denominated highway tax, as they shall deem necessary, not exceeding the sum hereinafter specified, which highway tax shall be assessed as follows : Upon all persons owning property and estate, real and personal, Persons incorporated companies, banks and banking associations in said village, porations according to the value of their real and x)er8onal estate in said village, ^^^® not exceeding one dollar for each two hundred dollars, and in addition ^^ thereto, the sum of one dollar upon each male inhabitant of twenty-one years of age and upwards, which moneys shall be expended by the superintendent of highways, under the direction and control of the trustees, upon the streets, highways and bridges in said village, and as otherwise by this act authorized and directed. All bridges across the Bridges, stream or river called "Allen's creek," in said village, shall be built and rebuilt by the town of Le Roy, in the same manner as if this act had not been passed. § 10. This act shall take effect immediately. Chap. 176. AN ACT to incorporate The Utica and Fair Ground Rail- road Company. Passed April 14, 1814. The People of tJie State of Neto York, represented in Senate atvd As9enMy^ do enact asfollawe : Section 1. Charles M. Dennison, Thomas R. Proctor, Charles W. Corpora. Hutchinson, Miles C. Comstock, Arthur B. Johnson, and their associates, ^"' Buooessors and assigns, are hereby created a body corporate by the name of The Dtica and Fair Ground Railroad Company, and, as such, Corporate are hereby authorized to construct, operate and maintain a railroad, '^^°*^' with one or more tracks, and to convey x)asseDgers and freight thereon for compensation, from or near the dex)ot of the New York Central and Termini Hudson River Railroad, near Genesee street, in the city of Utica, to *>^''^**'- the entrance of the grounds used by the Central New York Agricul- tural, Horticultural and Mechanical Association, for holding their fairs on Bleecker street, in the dty of Utica, by such route as the directiOrs Boute. of the company hereby authorized may select, except that such route 196 LAWS OF NEW YORK. [Chap. 177. shall not lie along any existing public stxeet of the city of Utica, unless the consent of the common council of said city and that of the owners of three-fourths of the property fronting thereon shall first be obtained, in writing, and tiled in the office of the city clerk of said dty. Bia^r or- & 2. It shall be lawful for the said grantees, their associates, successors nndor°act ^^'^ assigns, to Organize under the act of the legislature of the State of of 1850. New York, entitled "An act to authorize the formation of railroad com- panies and to regulate the same," passed April second, eighteen^ hun- dred and fifty, and the acts amendatory thereof, and all the provisions of said acts not in conflict with this act shall apply to the corporation hereby authorized. Nnmber ^ 3. The number of incorporators and directors of the comx)any poratore. h^^^by authorized shall not exceed thirteen nor be less than five. Draw ^ 4. The said ^antees and their associates, successors and assigns bndge. jjj^y construct a draw, or swing, or lift-bridge for the passage of cars over the Erie canal at such point in the city of Utica, easterly of the Clay street bridge in said city, as they may select, subject to the approval of the State Engineer and Surveyor and the Canal Commis- sioner in charge ; but no pier or piers for said bridge shall be placed within the prism of the canal; and the expenses of constjructing, keeping and maintaining the said bridge shall be defrayed by the said company. Rates of ^ 5. It shall be lawful for the said company to regulate the rates of fre^ht.^ fare for transporting passengers and freight over the said railroad, but the rates of fare for the transportation of passengers to or from the termini of the road, or to or from any intermediate point, shall not exceed twenty-five cents. ^ 6. This act shall take effect immediately. Chap. 177. AN ACT to change the name of the village of Warren, in Rockland county, State of New York, to " Haver- straw." Passed April 14, 1874 ; three-fifths being present. The People of the State of New Torky represented in Senate and Assembly, do enact as follows : Section 1. The name of the village of Warren in the county of Rock- land, incorporated under the provisions of the statute of the State of New York, authorizing the incorporation of villages, is hereby changed to ".Haverstraw." All proceedings now pending by or against, the said village of Warren shall be continued in the name of the village of Haverstraw. ^ 2. This act shall take effect immediately. Chap. 179.] NINETY-SEVENTH SESSION. • 197 Chap. 178. AN ACT to facilitate the construction of the New York and Canada Railroad, and reappropriating certain moneys, to aid in the construction of said road. Passed April 15, 1874 ; three-fifths being present. The People of tfie State of Neio York, represented in Senate and Assembly J do eno^t asfoUows : Sbction 1- The New York and Canada Railroad Company, upon Condi- bnilding and completing, ready for operation, a first-class railroad from ^^^^' Whitehall, in the county of Washington, to Ticonderoga, in the county of £sBex,in the State of New York, within two years from the passage of this act, shall be entitled to receive, and shall receive from the Treasurer of this State, the unexpended moneys raised by an act enti- tied ** An act to &cilitate the oonsti-uction of the Whitehall and Platts- burgh Railroad," x)assed March twentieth, eighteen hundred and sixty- seven, and reappropriated by an act to amend said act, passed April twenty-seventh, eighteen hundred and sixty-nine, and again reap- propriated by an act further amending said act, passed April twenty- eighth, eighteen hundred and seventy-one, and again reappropriated and granted to the New York and Canada Railroad Company upon cert^ conditions, by an act entitled *^ An act to facilitate the con- Btroction of the New York and Canada railroad, and extending thereto the provisions of certain laws relating to the Whitehall and Plattsburgh Railroad Company," passed April third, eighteen hun- dred ana seventy-two, being the sum of seventy-three thousand and ninety dollars ; and the moneys so raised and reappropriated in and by the above mentioned actja, and which have not been paid to the treasurer of the Whitehall and Plattsburgh Railroad Company, are hereby again reappropriated to aid in the construction of a railroad Reappro- from Whitehall north, within the State of New York aforesaid, and the p"*"^'^- Treasurer of the State is hereby directed to pay said amount to the New York and Canada Railroad Company in the same manner and upon the same conditions provided for the payment thereof to said Whitehall and Plattsburgh railroad in said act, making said original appropriation. \ 2. This act shall take effect immediately. Chap. 179. AN ACT to improve Fourth street in the city of Brooklyn. Passed April 15, 1814; three-fifths being present. I^ People of tJie State of Neio York, represented in Senate and Assembly^ do enact asfoUows : Sbotion 1. The board of city works of the dty of Brooklyn are street to hereby authorized, emi)Owered and directed to cause Fourth street, in ^ffra^«<*» the dty of Brooklyn, from North Tenth street to its termination at Orchard street, to be graded, curbed, guttered, paved, and culverts placed therein, and improved in such manner and with such pavement a» in the judgment of said board shall be for the best interest of said street and the city. 198 LAWS OF NEW YORK. [Chap. 180. Proposals. Assess- ment. Existing laws ap- plicable. Excep- tion. Sam to be reserved for com* {)letion of mprovo- ment. Prohibi- tion. Repeal. ^ 2. The said board of city works shall, within ten days after the passage of this act, or as soon thereafter as practicable cause advertise- ment to be made for ten days in the corporation papers, for proposals for making the improvement aforesaid, and the contract for doing said work shall be awarded to the lowest bidder therefor. ^ 3. The expense of the improvement of the aforesaid Fourth street, as hereby authoidzed and directed, shall be assessed upon the lands lying within a district of one hundred feet on each side of such exten- sion or improvement and along the whole length thereof ; and all laws relative to such improvement in said city of Brooklyn shall apply to the improvement hereby authorized, except that the said bocud of city works may proceed and cause such work to be done and improve- ment made without petition therefor and without previous notice or advertisement for remonstrances and that the amount to be assessed on any lot of land for such improvement shall not be in any manner limited by the value or estimated value thereof. ^ 4. Immediately, on the passage of this act, the comptroller of the city of Brooklyn shall reserve, out of the collections for or bonds issued or to be issued for local improvements in the city of Brooklyn, under an act entitled "An act to restrict the power of the city of Brooklyn to issue bonds or loan its credit for local improvements,** passed May tenth, eighteen hundred and seventy-two, a sum declared to be necessary by the board of dty works of the city of Brooklyn, to fully carry out and complete this improvement, and he is hereby pro- hibited from certifying the legality of any contract made under the direction of the common council of the city of Brooklyn for grading and paving of streets, digging down of lots, filling in of lots, fencing of lots or nagging of sidewalks, until a sufficient sum shall have been reserved by him for the purpose aforesaid. ^ 5. This act shall take effect immediately. Chap. ISO. AN ACT to repeal an act entitled "An act to amend chap- ter six hundred and sixty-four, laws of eighteen hundred and sixty-seven, entitled *An act to enable the supervi- sors of Montgomery county to refund illegal taxes,' passed April twenty-three, eighteen hundred and sixty- seven," passed May sixteenth, eighteen hundred and seventy- three. Passed April 15, 1814 ; three-fifths being present The People of the State of New Yorky represented in Senate and Assembly y do enact asfodoms : Section 1. The act entitled "An act to amend chapter six hundred and sixty-four of the laws of eighteen hundred and sixty-seven, enti- tled * An act to enable the supervisors of Montgomery county to refund illegal taxes,* passed April twenty-three, eighteen hundred and sixty- seven," passed May sixteenth, eighteen hundred and seventy-three, is hereby repealed. \ 2. This act shall take effect immediately. Chap. 181.] NINETY-SEVENTH SESSION. 199 iOhap. 181. AN ACT to authorize the construction of a street railroad in the village of Catskill. Passed April 16, 1814 The People of the State of New York^ represented in Senate and Assembly, do enact asfoUowa : . SBcnoN 1. M. B. Mattice, Rufus H. King, Hiram Van Steenburgh, Corpora- Joehua Fiero, Jr., E. P. Bunnell, Samuel ifarrie, George Beach, Jacob ***"* H. Meech, N. Swartwout, John A. Sandereon, and those who may be now OT hereafter associated with them, are hereby created a corporation, and are authorized to construct, ]ay, operate and use a railroad with one May Con- or more tracks, with all necessary turnouts and branches, and to carry JSfroad. passengers and freight for a compensation, from a point at the Catskill Termini Point (so called), wnere Main street intersects the ferry slip, with the *^*^ '^^*^- right to said corporation to run through any other street now or here- a^ laid out at Catskill Point as the corporation may elect, and from 6adi point through and along Main street to the corporation line at its northwesterly boundary, along what is known as Jefferson Hill, or may terminate at the head of the street, opposite Swartwout's store, as the aud oomoration may elect. ^ 2. The capital stock of said company shall be ten thousand dollars. Capital lith the right to increase the same to twenty thousand dollars, to be ^^^^' divided into shares of fifty dollars each. \ 8. The track of said road shall be laid with such rails as will least RaUe, obstruct the passage of vehicles and carriages across the same, and shall ^l^^* oonform to the grades of the streets as they now are or shall £rom time to tune be established and altered. Said corporation shall complete and Time for operate said road within five years after the passage of this act, and the Son?*^^' pow^sand privileges granted under this act are limited to ninety-nine years. (4. The cars used on said road shall be drawn by horses or mules, Running and shall be run as often as the public convenience shall require, and ^^^*"- aiitable and sufficient cars for the accommodation of the public shall be proTided. \ 5. If any passenger shall refuse to pay his fare, it shall be lawful ReAisai to for the condudx)r of the car and the servants of the corporation to put P*y ^*®- Mm and his baggage out of the car, upon stopping the same and using no nnnecessary K)rce. \ 6. No greater amount than ten cents shall be charged for one person Fare, rate one way for riding any distance over said road. • ^^' i 1 The corporation hereby authorized shall be known as " The Cats- Corporate kill Horse Railroad Company," and by that name may sue or be sued, °*™®- and the persons named in the first section of this act shall be directors First di- of said company for the first year and until others are duly elected ; ^«<'^"- they shall have power to issue stock as the necessities of the road may Their reqniie up to an amount not to exceed the sum of twentjr thousand p°^«"- dollars, to make such by-laws, rules and regulations not inconsistent with existing laws as may be necessary for conducting the business and a&irs of the company, and the corporation hereby created shall be ProTisions ttbject to all the provisions contained in the third title of the eighteenth sJSSur'* chapter of the first part of the Revised Statutes, and also to the regula- jpuca- tiiffls conoeniing the election of directors of moneyed corporations, con- 200 LAWS OF NEW YORK. [Chap. 182. Payment of stock snbserip- tiona. Penalty for neg- lect. Notice. Liability of Btock- holders. Powers of corpora- tion. tained in article second of the second title of the eighteenth chapter of the first part of the Revised Statutes, so far as the said provisions and regulations are applicable. \ 8. The directors may require the subscribers to the capital stock of the company to pay the amount by them respectively subscribed in such manner and in such installments as they may deem proper ; if any stockholder shall neglect to pay any installment, as required by a reso- lution of the board of directors, the said board shall be authorized to declare his stock and all previous payments thereon forfeited for the use of the company, but they shall not declare it so forfeited until they shall have caused a notice, in writing, ta be served on him personally, or by depositing the same in the post-office properly directed to him at the post-office nearest his usual place of residence, stating that he be required to make such payment, at the time and place specified in said notice, and if he fails to make the same, his stock and all previous pay. meuts thereon will be forfeited for the use of the company ; which notice shall be served as aforesaid, at least sixty days previous to the day on which such payment is required to be made. ^ 9. Each stockholder of said company shall be individually liable to the creditors of said company to an amount equal to the amount unpaid on the stock held by him for all the debts and liabilities of such com- pany until the whole amount of the capital stock so held by him is paid to the company ; and all the stockholders of said company shall be jointly and severally liable for all the debts due or owing to any of its laborers or servants for services performed for such corporation, but shall not be liable to an action therefor before an execution shall be returned unsatisfied in whole or in part against the corxx)ration, and then the amount due on such execution shall be the amount recoverable with cost against such stockholder. ^ 10. The corporation hereby created shall possess the like -power to acquire real ana i)er8onal property necessary for its use, to issue and dispose of its bonds and to make loans with security on its property therefor, as is possessed by corporations organized under an act entitled " An act to authorize the formation of railroad corporations and to regu- late the same," passed April second, eighteen hundred and fifty. ^11. This act shall take effect immediately. Chap. 183. AN ACT to establish the Evangelical Italian Orphan Asylum. Passed April 16, 1814. The People of the State of Neio Torky represented in /Senate and Assefnbly^ do eiutct as follow^ : Section 1. A. R. Van Nest, Jr., James Lorimer Graham, Jr., Larkin Gr. Mead, Edwin Lamson, Gardner Swift Lamson, Robert Lenox Ken- nedy and Albert S. Barnes, and their successors in office, are hereby Corporate Created a body corporate and politic under the name of the " Evan- locaSoa"^^ gelical Italian Orphan Asylum." Such corporation shall be established in the city of New York, and may exercise its functions as to the care of its beneficiaries in the city of Florence and elsewhere in Italy, and its object shall be to provide for the destitute children of evangelical christians of all denominations ; those who are absolute orpliaus having Corpora tora. Objects. / Chap. 183.] NINETY-SEVENTH SESSION, SOI the first claim apon its charitjr. The persons named in this section Fint tros- efaall be the first trustees of said corporation. * ^^*' \ % The said corporation shall h& managed by a board of seven Oenermi trustees, and shall have power to have and use a conmion seal, and to vowen. renew and alter the same at its pleasure ; to sue and be sued by its corporate name in all courts of law and equity ; to make such by-laws, not inconsiBtent with the Constitution and laws of this State, or of the Doited States, or of the kingdom of Italy, as shall be deemed advisable, and to hold and enjov all the rights and privileges which belong to benevolent and charitable associations, under and by virtue of the laws of the State of New York, so far as the same may be consistent with the oonstitation and laws of the kingdom of Italy. \ 3. The corporation hereby creatra shall also have power to lease or May take poidiase and bold such real and personal estate as may be required for m^or the uses and purposes of said corporation, and may take and hold real aevise. and personal estate as aforesaid, by gift, grant or devise, at any place within the said kingdom of Italy, subject to ihe constitution and laws of said kingdom, and may, subject as aforesaid, mortgage, sell and con- May mort- m or lease any of its real or x)erBonal estate, whenever it shall be f^ey! deemed advisable so to do. Any conveyance, mortgage or lease of real estate by said corporation shall be signed bv the president and secre- taiy, and shall be sealed with the seal of saicl corporation. \ 4. The domestic, internal management and care of the beneficiaries ^®®°\q. of the said corporation shall be under the direction of a committee of nUttee!^ ten ladies, to be call^ the " Executive Committee," a majority of whom flhall be residents for the time being in the kinflfdom of Italy. Such How eommittee shall in the first instance be chosen by a majority vote of ^ *^"* ftetrostees. After being so constituted, said committee shall have power to choose their successors. The trustees shall have power to npervise the direction of said executive committee, and may by a two- thnds vote annul and rescind any order, measure or direction of said oonunittee, and may, by a like vote, on notice, for cause shown, remove any memlMBr of said committee. \ 5. The trustees shall elect out of their own number annualljr, a pres- OAcen. ident, a secretary and a treasurer, and may elect or appoint other officers or agents of the corporation as they may deem necessary. All elevens s^U be held, and all appointments made, in a manner to be preecribed by the by-laws of the corporation. In the event of a vacancy in the office of any trustee, by death or otherwise, the same may hie filled by the remaining trustees at any regular meeting of the board. \ 8. This act shall take effect immediately. Chap. 183. AN ACT to authorize the Buffalo Street Railroad Com- pany to make certain contracts with the Buffalo East Side Street Railway Company. Passed April 16, 1874 The People of the SkUe of New Torky represented in Senate and AnemUy^ do enad^ aafdUowa : SicnoN 1. The Bu&lo Street Railroad Company is empowered ta<^a*rant7. gVBantee tiie payment of any bonds which may be issued by the 14 202 LAWS OF NEW YORK. [Chap. 185. Buffalo East Side Street Railway Comx)an7, upon such security against lit^ility by reason of such guaranty, to he given by said Buffiilo East Side Street Railway Company, as may be agreed upon between the Proviso, parties ; provided, however, that no such guaranty shall be given except with the consent of three-fourths of the curectors, and three-fourths in amount of the stockholders of said Bu&lo Street Railroad Company. ^ 2. This act shall take effect immediately. Chap. 184. AN ACT to release the interest of the People of the State of New York in and to certain land situate in the town of Hamburgh, Erie county, to George Irensterter. Passed April 16, 1814 ; by a two-third vote. The People of the State of New York, represefUed in Senate and Assembly, do enact as follows : Title of Section 1. The interest of the people of the State of New York of, in feaaed^" *^^ ^ ^^^ ^^*^ ^^"^^ ^' parcel of land situate in the town of Hamburgh, Erie county, New York, which was conveyed to Elizabeth Irensterter by John G. Brendel, by deed dated the nineteenth day of May, eighteen hundred and seventy-one, and recorded in the Erie county clerk's office on the twenty-fourth day of May, eighteen hundred and seventy- one, in liber three hundred and five of deeds, at page two hundred and seventy-four, is hereby released to and vested in George Irensterter, the husband of the late Elizabeth Irensterter, deceased, and his heirs and assifi^ns forever, subject te any incumbrance that may be on said land at the date of this act. ProTiBo. ^ 2. Nothing herein contained shall^ be construed te impair, release or discharge any right, claim or interest of any crediter by mortgage, judgment or otherwise, or of any heir-at-law or devisee in said real estate. ^ 3. This act shall take effect immediately. Chap. 185. AN ACT to authorize the board of supervisors of the county of Putnam to issue bonds to pay its indebtedness to the State. Passed April 16, 1874 ; three-fifths being present. T%e People of the State of New York, represented in Senate and Assembly, do ena^ as follows : Bonds. Section 1. The board of supervisors of the county of Putnam is hereby authorized to issue the bonds of said county, bearing not more than seven per cent, interest x>6r annum, and payable at such time or times not later than March first, eighteen hundred and seventy-seven^ Amount Sufficient to pay the present indebtedness of said county of Putnam to ***®'^'' the State ; and any lx)nds authorized by said board of supervisors, in pursuance of this act, shall be a lawful debt against said county of Put. Tax. nam, and it shall be the duty of the board of supervisors of said county to levy a tax to pay sudi bonds and the interest thereon as they shall become due. Chap. 187.] NINETY-SEVENTH SESSION. 203 \ 2. All bonds issued under and porsuant to this act shall be signed Howexe- bv the chairman and clerk of the board of supervisors, and counter- ®'^*®^' ag^ed by the county treasurer of the county at the same time they are issued. Such bonds shall be in sums of not less than one hundred nor Denomi- more than one thousand dollars each, and shall not be disposed of by ^'*^'^- flud county treasurer for less than the 'par value thereof. \ 3. This act shall take effect immediately. Chap. 186. AN ACT for the relief of the president, directors and company of the Schoharie Kill Bridge Company. Passed April 16, 1814. The People of the State of New Torky represented in Senate and AssenMy, do enac^ aafodcms : Section 1. The president, directors and company of the Schoharie ToU-g«t«. Kill Bridge Ciompany may, at anytime hereafter, establish another toll- gate at such point on the turnpike road as they shall select, not less than five miles easterly from their present eastern gate ; and at all Tou. times thereafter, they may charge, receive and collect, at either or both of said gates, such fixed rates of toll as they may from time to time prescribe, not exceeding for both said gates the rates which they are now authorized to charge, receive and collect at their said eastern gate. Bepeai. (2. All acts and parts of acts inconsistent herewith are hereby lepealed, in so far as they conflict with this act. \ 3. This act shall take effect immediately. Chap. 187. AN ACT supplementary to " An act to amend an act to incorporate the city of Ogdensburgh, passed April twenty-seventh, eighteen hundred and sixty-eight, and the acts amending the same." Passed Ajwil 16, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and A^gemUpy do enact a^efoUotos : Sbctiox 1. The publication of official notices provided in chapter four Amond- hudied and six of the Jaws of eighteen hundred and seventy-three, '^®*^^- entitled " An act to amend an act to incorporate the city of Ogdens- ba»h, passed April twenty-seven, eighteen hundred ana sixty-eight, ud the acts amending the same," wnich act provides for the publish- ing of notices in the newspapers of the city of Ogdensburgh, is hereby imeiided so as to read two newspapers of said city to be designated by Two tfce common coundl of said city, and such publication of any notice in p|JJ*?Jb^ tvo newspapers published in said city shall be deemed a compliance ^^«^^ with the provisions of said act. 304 LAWS OF NEW YORK. [Chap. 188. Board of water commis- BionerB. Present superin- tendent of water- works. Flrstmem- bersof board, their terms of office. Term of office of commis- sioners. How ap- pointed. Official oath and bond. Powers of board. Their da< ties. Oliap. 188. AN ACT to provide a board of water commissioners for the village of Plattsburgh, and to prescribe and regulate their duties and amend chapter two hundred and seventy-five, of the laws of eighteen hundred and fifty- nine, relating to the incorporation of said village. Passed April 16, 1814 ; three-fifths being present. The People of the State of New Tork, represented in Senate and Assembly y do enaxat as foUows : Section 1. AWlliam Reed, Ebenezer 8. Winslow and Bentley R. Sher- man, and their suooessors, dhall, after their qualification as hereinafl^er provided, form the board of water commissioners for the village of rlattsburgh, and shall be known as '' The Water Commissioners of the village of Plattsburgh." \ 2. The present superintendent of water-works of said village shall be the " superintendent of water- works " under the provisions of this act until May first, eighteen hundred and seventy-five, unless sooner removed by the " water commissioners," as hereinafter provided. ^ 3. The members who shall first constitute said board shall hold their ofBoes as follows : said Reed for six years, said Winslow for four years and said Sherman for two years, and until others are appointed and qualify in their places. h 4. Except as above provided, such commissioners shall hold their oftces for six years, and until others are appointed and qualify in their places ; and as their terms of office shall expire, the county judge of Clinton county, with the advice and consent of the. board of trustees of said village, shall appoint some suitable i)erson to said office, and all vacancies caused by death, resif nation, removal, refusal to qualify, or otherwise, shall be filled in like manner for the term or the re- mainder of the term of the person whose vacancy shall be so filled. \ 6. Every commissioner, before entering uix)n office, shall take and subscribe the oath of office, and file the same in the office of the clerk of said village, and shall execute and deliver to the trustees of said Village a bond, approved by the county judge, in the sum of ten thou- sand dollars, conditioned for the faithnil performance of his duties and the &ithfiil accounting for all moneys which shall come into his hands. ^ 6. Immediately ux)on its organization the exclusive control and management of the water- works of said village shall be transferred to ana vested in said board of water commissioners and it shall have all the rights, privileges, authority and power in and over said works now vested, by existing laws, in the trustees or board of trustees of said village ; and the said board of water commissioners is hereby charged with the duty of managing said works so as to attain the object for which they were construd^ed, of preserving the purity of the water and a sufficient supply thereof, and generally of keeping said works in a state of efficiency and repair, ^ey shall prosecute and defend all suits resx)ecting said water-works, and land, fixtures, erections, rights, and privileges, and property belonging to the same or connected therewith, and all contracts relating thereto, and shall prosecute for penalties for violating the rules and regulations relating Chap.ISjB.] NINETY-SEVENTH SESSION, 305 ihereto, and for all injuries done to said works, or the rights and x^rivi- leges belonging thereto or connected therewith. But the said conunis- Consent or aoners diall not have power to make any contract for the purposes ^£00. herein provided, whereby the said village shall incur a liability exceed- iog five thousand dollars, without the consent of the board 01 trustees of aiid village. \ 1. The said board of conuuissioners may make by-laws and regula- B^-iawa. tioos for its own government and the government of all officers and ' employees whom they may appoint. They shall, upon the expiration Soporin- of the term or removal under the provisions of this act, of the present hiB^****' saperintendent of water-works, appoint an officer to be called the appoint- ^'sopeiintendent of water-works," and shall require the "superinten- ™®" ' dent of water-works" to devote his time and attention to said water- worte. They shall also make, within thirty days after the first of Annual January of each year, a report of the condition of the works for publi- contend?' eation, which report shall also contain a statement verified by them of the aggr^ate amount of moneys received during the calendar year pre- ceding said report, and the aggregate amount paid out for the said jear, and whether any, and how much moneys are due to or from said oonmiiaBioners at the end of the said year. The said commissioners may prescribe to said superintendent such duties touching the manage- ment and control of said works as they deem proper, and shall require Bond of of him a bond to said commissioners with sufficient security for the lent^' &ithfdl performance of his duties. They shall fix his salary, not to His exceed eight hundred dollars per annum, and may remove him at ^<^^* pleasure, and they may also appoint and remove such other officers and employees as the water service may require and fix their salary and compensation. (8. It shall be the duty of said commissioners to keep a book in Books to whidi shall be entered an accurate statement of their proceedings, and ^®^^p^- ah) a book or books containing an accurate account of all the receipts and disbursements, specifying the names of persons firom whom and for what moneys have been received and to whom and for what moneys have been paid out, which books shall be at all times open for inspec- tion by any legal voter of said village. \ 9. The said comissioners shall make or cause to be made a list. List of ({Qarterly , or at such times as they may determine, of persons and prop- aSd ^p^p. eity changed for water or its protection and benefit, and the amounts ^j^ diuged or laid therefor, and shall cause a notice to be published in at for^^ter. least one of the newspapers printed and published in said village, that Notice. aid list has been made out and will remain in the office of the commis- nonersfor inspection, and for the receipt of such water rents as may be Tohmtarily paid, for two weeks from the day of the first publication of said notice ; and that on a day named in said notice, at least ten days fiom the first publication thereof, they will, at said office, hear and con- ader any objection that may be made to said list, and correct said list 10 they may deem proper, and confirm the same. After the expiration Form of of two weeks as named in said notice, a list of said water rents remain- pSjcTw]^' iog unpaid shall be made, as follows: They shall set down in three tw rents. Rpaiate columns : 1. In the first column, the names of the owners or occupants of the prenuses BO charged. 2. In the second column, the street, number of the premises, if any, sad a description thereof sufficient to identify them. 3w In the third column, the amounts laid or assessed upon said pemiaes ; aud deliver the same to the collector for collection, with their 206 LAWS OF NEW YORK [Chap. 188. Warrant Warrant, Under the hands of a majority of them annexed thereto, com- tion*^**"^**' nwiii^i^ ^™ ^ collect from the several persons named in the said list or assessment roll the several sums remaining unpaid, in the thivd column opposite their names respectively, together with his fees for Warrant Collecting the same. The collector may execute said warrant by levy Av^.nted® upon and sale of goods and chattels, and the said warrant shall have tike force and effect with a supervisor's warrant issued to a town coU ector. The collector shall -pBj over to the commissioners the moneys collected by him by virtue of said warrant, and make return thereof within the time limited therein, and if the sum pa3^ble by any person named in said list shall not be X)aid or collected by said warrant, the collector shall make return thereof under oatii to the commissioners, and Renewal it shall and may be lawful for them to renew such warrant in respect to ^*^' such delinquent person, or in case such person shall ntot reside within said village at the time of making Out said list, or shall not reside therein at the expiration of the warrant, and no goods or chattels can be found therein whereon to levy the assessment, the commissioners may sue for CoUec- and recover the same. The commissioners shall fix the fees of the tor'sfees. collector, and require of him a bond in such sum as they deein reason- able, conditioned for the due and faithful performance of the duties of his office. The said commissioners may, if they deem it advisable, appoint, by a writing under the hands of a majority of them, some competent x>erson to collect said rents, and direct their warrant to him. In such case they shall also require of him a bond and fix his fees, and the duties and powers of such collector shall be the same as herein above prescribed. Water § 10. The Said water rents or assessments, which may be laid or have rente, a heretofore been laid, shall be and continue to be a lien upon the prem- ises in respect of which they have been or may be laid or charged ; and Sale there- after the first day of May, in each year whenever any such water rents under. g^all have been aue and unpaid from before the first day of January of such year, and the collector cannot collect the same, and shall have made return thereof, the commissioners may proceed to cause said premises AdTer- to be advertised for sale at auction. By such advertisement the o¥mer ofsSe'^its ^^ ^^ premises shall be required to pay the amount of such water rent content!, or assessment remaining unpaid, together with interest at ten per cent, to the time of payment, with the expenses of advertisement and notices ; and said advertisement shall give notice that in de&ult of such jxayment such premises will be sold at public auction, at a day and place therein specified, for the lowest term of time at which any person shall offer to take the same, in consideration of advancing said water rent and Pnbiica- interest as aforesaid, and all charges and costs accrued thereon. Such tion of. advertisement shall be published once in each week for two weeks suc- serviceof. cessively in the newspapers printed and published in said village. A copy of said advertisement shall be served on the owner or agent of such premises, if a resident of said village, or on the occupant person- ally ; and if the owner thereof be a non-resident, a copy of said adver- tisement shall be dex>osited in the post-office at least ten days before the To be filed day of Sale, directed to his reputed place of residence, if knovm. A oterk^B**^ copy of such advertisement shall, also, before the sale, be filed in the office. office of the county clerk and be indexed by him in a prox)er book, to be furnished by the commissioners, and shall have like effect to a notice of pendency of action filed in said office, and the clerk shall be entitled to a fee of twenty-five cents for such filing and indexing. If the owner or occupant, or their representatives, shall refuse or neglect to pay said water rent, with interest and accrued charges as aforesaid, the said Chap. 188.] NINETY-SEVENTH SESSION, 307 oomminonerB shall cause said premises to be sold for a term of time, for the purposes and in the manner expressed in said advertisement, and sQch sale may be continued from time to time, if necessary. They shall also cause a certificate, in writing, to be given to the pur. Certia- cbaeer, describing the premises so purchased, the term of time for which pu^haa- the same shall have been so sold, and the sum paid therefor, and signed en. by the officer conducting the sale. At any time within a year after such Redemp- nle, the owner or occupants of such premises, or their representatives, **®'^- may redeem the same, by paying to the commissioners to the use of the pmchaser, or his assigns, the sum paid by the purchaser and mentioned in the oertiUcate. If such water rent, expenses and interest are not if promi* paid within one year from the date of sale, then the said commissioners deeme/*' shall execute to the purchaser, his heirs, executors, administrators or lease to Le aaaigns, under the hands and seals of a majority of them, a lease of ®*®*'"****- said premises so sold, for said term of time, to commence at and from the expiration of one year from the dav of sale. Such lease shall be presomptive evidence that the sale and all proceedings prior thereto were regular and according to statute, and the said purchaser shall hold and enjoy said premises against the owner and all claiming under him, and may remove them &c>m said premises, in the same manner as Removal tenants holding over and continuing in x)08seB8ion after expiration of ©f hta^ton- term without permission of the landlord may be removed by law. ant. ^11. There shall be kept in the office of the commissioners, which Record shall also be the office of the superintendent, a record of all such sales, **^®"* called a sales-book, showing the amount of water rent, description of premises, date of sale and certificate, name of person to wh6m and term of time for which sold, time of delivery of lease, to whom deliv- ered and when the same shall expire, and it shall be the duty of said Affidavits saperiutendent or such other officer as the commissioners shall desig- Son? &c!* nate, to procure, preserve and register affidavits of publication and serrioe of all notices necessary by this act, and to conduct the sales herein above provided to be made. Said sales-book shall be at all tunes open for inspection to every legal voter of said village. \ 12. It shall be the duty of said commissioners, out of the moneys AppUca- received by them for water rents or otherwise, first, to pay the expenses TOoney of managing, superintending, maintaining and repairing said works, received and oat of the balance of said money, to pay the interest on the money rente.*^'^ bonowed for the purpose of constructing said works ; and if any moneys shall remain in their hands after X)aying the sums aforesaid, to sin^inir safely and securely invest the same, upon bond and mortgage or other *^°"**' Kcorities bearing interest, as a sinking fund, out of which to pay the money so borrowed. If the commissioners shall at any time ascertain Deficien. that there mil not be sufficient money in their hands to pay the said gjppu^. expenses and said interest as it becomes due, they shall furnish to the trniBtees of said village a certificate setting forth such deficiency and the amount thereo£ On the receipt of such certificate, it shall be the dnty of said trustees to cause the said amount to be levied and collected as other village taxes are raised and collected, and thereupon to pay over the same to the said commissioners. And the said water Renewal oonmiissioners, if they deem it advisable, may, with the consent of ^^^°^^- the board of trustees of said village, renew the bonds issued to borrow nK)ney to construct said works, as the said bonds fall due, and on the same terms and conditions on which they were first issued. Said renewal bonds to be signed by said commissioners and a record thereof kept in the office of said commissioners. 308 . LAWS OF NEW YORK. [Chap. 189. Books, pa. \ IS. Upon the orgamzation of eaid board of commissionerSy it ahall ^t^tam- ^ *^® ^"*y ^^ ^^^ trustees and board of trustees of said villa«^e, their ed over, officers and employees, to turn over to said oommissiouers all books, X)aper8y vouchers, money and property belonging to, or appertaining to the business or duties of said oommissiouers. compen. ^ 14. Such aforesaid oonmiissioners shall be paid such incidental ^^^^' expenses as they may incur in discharge of their duties, which the trustees of said village may deem reasonsuble and necessary, shall also be allowed them. TrosteeB ^15. Section two of title five of chapter two hundred and seventy, f^jjfg^®^ five, entitle "An act to amend an act incorporating the village of certain Plattsburffh and the several acts amendatory thereof and to extend the witEonfa powers of the corporation of said village," shall not be construed to taSibiV* *^*^^^^^ ^^® trustees of the villa^ of Plattsburgh to levy or assess inhabit any money by tax upon the real and x)ersonal property of said village ants. Jqp j^j^y Qf ^Q purposes mentioned in said section, without first obtain- ing a vote of the taxable inhabitants of said village, authorizLo^ such tax. BepeaL ^ 16. All acts and parts of acts inconsistent with this act are hereby- repealed. ^ 11. This act shall take effect immediately. Ohap. 189. AN ACT to provide security against extraordinary con- flagrations, and for the creation of safety ftinds by fire insurance companies. Passed April 16, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly y do enact asfoUoios : ckiaraa- Sbction 1. Hereafter it shall be lawful for any fire insurance com- ■peouf P&^7f organized under the laws of this State, to create the funds reserye herein provided for, to be known and designated as the guarantee sur- plus fund and the special reserve fund, ana to avail itself of the pro- visions of this act upon complying with the requirements thereof. How oie- & 2. Any fire insurance company desiring to create sudi funds shall be •**^* and it is hereby authorized to do so, upon the adoption of a resolution by its board of directors at a regular meeting thereof, and filing with the Superintendent of the Insurance Department a copy thereof , declar- ing the desire and intention of such company to create such funds and Examina- to do business under the provisions of this act ; and as soon after the oomplnj filiiig of such cojiy of the resolution as convenient, the Superintendent ^sopop- shall make, or cause to be made, an examination of such company, and ^ ^^ he shall make a certificate of the result thereof, which shall particularly- set forth the amount of surplus funds held by such comx)any at the date of such examination, which, under the provisions of this act, are to and may be equallv divided between and be set apart to constitute said guaranty surplus and special reserve funds, which certificate shall be Notice on recorded in the Insurance Department ; &nd from and after the date of P**^®*** the recording of such certificate, all the policies and renewals of policies issued by such company shall have printed thereon, by such obmpsLuy, ft notice that the same are issued under and in pursuance of this act, referring to the same by its chapter, date and title ; and such policies Chap. 189.] NINETY^EVENTH SESSION. 309 and lenewals shall be deemed to hare been issued and received sub- ject to the provisions of this act. \ 3. After the date mentioned in any sndi resolution so passed and Diyi- filed^ it shall not be lawful for such company to make, declare or x)ay, ^^<^* in any form, any dividend upon its capital stock, exceeding seven per oentom per annum thereupon and upon the surplus funds to be formed bereonder, until after its guaranty surplus fiina and its special reserve fdnd shall have together accumulated to an amount equal to its said apltal stocky and the entire surplus profits of such company above such Soroias annual dividend of seven i)er cent, shall be equally divided between and gj°^^ ^ be set apart to constitute the said guaranty surplus fund and the said apart to special reserve fund, which said funds shall be held and used as herein- ^te itind. liter provided and not otherwise ; and any company doing business nnder this act, which shall declare or pay any dividend contrary to the provisions herein contained, shall be liable to be proceeded against by the Attorney-General for its dissolution. \ 4 Said guaranty surplus fund shall be held and invested by such Gaaranty oompany the same as its capital stock and surplus accumulations ; and how 'to b« shall be liable and applicable in the same manner as the capital stock iuTested. to the payment generally of the losses of such company. \ 5. Said special reserve fund shall be invested according to existing special laws relating to investments of capital by fire insurance comxmnies, and fo^7how ahall be deposited from time to time, as the same shall accumulate and ^^|^' be investeo, with the Superintendent of the Insurance Department, who Aall permit the company depositing the same to change such deposits bf substituting for those withdrawn others of equal amount and value, snd to collect and receive the interests or dividends upon such secuii- ties as the same may accrue ; and such special reserve fund shall be deemed a fund contributed by the stockholders to protect such comjmny and its policy-holders other than claimants for losses already existing or then incurred, in case of such extraordinary conflagration or confla- grations aA hereinafter mentioned ; and said fund shall not be regarded Fund, not IS any part or portion of the assets in x)ossession of said oompapj, so as *^^^' to be or render the same liable for any claim or claims for losses, by fire or otherwise, except as herein provided. i 6. In estimating the profit of any such oompany, for the purpose of Pront, making a division 'thereof, between such guaranty surplus fund and estim^ated^ mxh special reserve fund, there shall be deducted from Uie gross assets of the company, including for this purpose the amount of the sx)ecial reserre Aind, the sum of the following items : First, the amount of all outstanding claims ; second, an amount sufficient to meet the liability of such company for the unearned premiums upon its unexpired poli- cies, which amount shall be at least equal to one-half of the premiums received on policies having less than one year to run from date of poli(7, and a pro rata prox)ortion of the premiums received on policies having more than one year to run from date of policy, and shall be blown as the reinsurance liability ; third, the amount of its guaranty sorplus fiind and of its spedal reserve fund ; fourth, the amount of the capital of the company ; and fifth, interest at the rate of seven per cent, per annum upon tiie amount of the capital and of the said funds, for whatever time shall have elapsed since the last preceding cash divi- dend ; and the balance shall constitute the net surplus of the company, f^'j!"^. nbiect to an equal division between the said funds, as herein provided, ion. ^ \ 1 In the event of any extensive conflagration or conflagrations, when but- where]^ the claims upon such company shall exceed the amount of the sirve mnd capital stock, and of the guaranty surplus fund provided for by this ^^^ ^« 21 0 LAWS OF NEW YORK. [Chap. 189. held for act, the 6aid company shall notify the said Superintendent of the feudt^ of policy *^ who shall then make or cause to be made an examination of said com- hoidera. pany, and shall issue his certificate of the result, showing the amounts of capital, of guaranty surplus fund, of special reserve fund, of reinsur- ance liability and of other assets ; and ux)on his issuing such certificate in duplicate, one copy to be given the company and one to be recorded in the Insurance Department, the said special reserve fund shall be immediately held to protect all policy-holders of such company other than such as are claimants upon it at the time, or such as become such claimants in consequence of such conflagration or conflagrations, and the amount of said special reserve fund, and an amount equal to the unearned premiums of such company, to be ascertained as hereinbefore provided, shall constitute the capital and assets of such company for the protection of policy-holders other than such claimants, ana for the further conduct of its business ; and such ofiicial certificate of the Super- intendent shall be binding and conclusive upon all parties interested in such company, whether as stockholders, creditors or policy-holders; Company and upon the payment to the claimants for lossess or otherwise, exist- ed^^m* ^°^ ** theTtime of, or caused by, such general conflagration orconflagra- liabiiity, tious, of the amount to which they are respectively entitled, in propor- when. ^Jqj^ ^ their several claims, of the full sum of the capital of such com- pany and of its guaranty surplus fund, and of its assets, excepting only such special reserve fund and an amount of its assets equal to the lia- bility of the company for unearned premiums, as so certified by such Superintendent, such company shall be forever discharged from any Transfer and all further liability to such claimants, and to each of them. And tier^*^^' the said Superintendent shall, after issuing his said certificate, upon the demand of such company, transfer to it all such securities as shall have been deposited with him by such company as such special reserve fund ; Reqaiai- and if the amount of such special reserve fund be leiss than fifty per Sock"^^'' cent, of the full amount of the capital of the comi)any, a requisition holders, shall be issued by the said Superintendent upon the stockholders, to make up^ such capital to that proportion of its full amount, in the man- ner now 'provided by law, in the case of companies with impaired capi- Proviso. tals ; and, provided further, that any capital so impaired shall be ma!de up to at least the sum of two hundred thousand dollars. And in case said company, after such requisition, shall fail to make up its capital to at least said amount of two hundred thousand dollars, as therein directed, said special reserve fund shall still be held as security, and liable for any and all losses occurring ux)on policies of such company Annnai after such conflagration or conflagrations. Such company shall, in i& Btatcmont annual statement to the Insurance Department of this State, set forth the amount of such special reserve fund, and of its guaranty surplus fund. Impair- ^ 8. If, at any time after such sx)ecial reserve fund shall have been capiuaf accumulated by any company, it shall apx)ear, upon examination by liowto'be the said Superintendent, that liie capital of such company has, in the ™ ^ °^' absence of any such extensive conflagration, become impaired so as to cause him to order a call upon the stockholders to make up such im- pairment, the board of directors of such company may either comply with such order and require the necessary payment by the stockholders, or at their option they mav apply for that purpose so much of said special reserve fund as will make such impairment good. No company doing business under this act shall insure any larger amount upon any single risk than is permitted by law to a company x)os8eHsing the same amount of capital, irrespective of the funds hereby provided for. • ^ 9. This act shall take effect inunediately. Chap. 191.] NINETY-SEVENTH SESSION. 211 Ohap. 190. AN ACT to legalize the action of the board of supervisors of Wayne county, designating persons to serve as grand jurors in said county, and for other purposes. Passed April 16, 1814 ; tbree-flfths being present. The People of the State of New Fork, represented in Senate and Assembly^ do encu^ a^ foUotos : Sbction 1. The list of nand jurors of the county of Wayne, oonsist- List of ing of tiiree hundred and thirteen names as deposited by the clerk of ^ron of the board of supervisors of said county in the clerk's office in said ^J>j^® eoantj, as the list of grand jurors, shall be and remain the prox)er list fegkuxed. of grand jurors in said county until a new list shall be prepared by the boud of supervisors of said county, notwithstanding such list of gand jurors has not been certified by the clerk of such lx)ard of super- visors, and notwithstanding the excess in number of names upon soch list, and notwithstanding the same was omitted to be adopted by a vote of the board of supervisors, and notwithstanding any error, defect or omisedon in preparing or making such list or in certifying to the same. \ 2. This act shall take effect inmiediately. Chap. 191- AN ACT to enable the commissioners of highways of the several towns through which the Mohawk turnpike passes to contract. Passed April 11, 1874 ; three-fifths being present The People of tTie State of New Torky represented in Senate and Assembly , do enact as f (Mows : Section 1. The commissioners of highways of the town of Glenville, Commis- Schenectady county, and the towns of Amsterdam, Mohawk, Palatine hi^hwiiys and 8t Johnsville, in the county of Montgomery, and the towns of mny jon- Hanheim, Little Falls, Herkimer and Schuyler, in the county of Herki- ^paiHi!;? mer, and the town of Deerfield, in the county of Oneida, are hereby highway, anthorized and empowered to contract with the New York Central and Hndfion River Railroad Company, for the keeping in repair the high- ^ray known as the Mohawk turnpike, running through the said several towna All moneys that shall be received by the said commissioners Moneys. &om the said railroad company, under said contract, shall be expended pended. in keeping in repair the said turnpike, and not to be appropriated to any other puroose whatever ; giving and granting to the commissiouerB of each of said towns such power only as shall relate to that portion of nid turnpike that shall lie within the boundaries of their respective towns. \ 2. The said commissioners shall , faithfully account for all moneys Account. received and disbursed, under any contract entered into with said rail- wad company, to the auditing board of their resi)ective towns, in the same manner and at the same time as they now are required to account by law. 213 LAWS OP NEW YORK. [Chap. 193. BepeaL ^ 3. All actfl and parts of acts inconsistent with this act are hereby repealed. \ 4. This act shall take effect immediately. Ohap. 193. AN ACT to amend the act entitled "An act in relation to the fees of the sheriff of the city and county of New York, and to the fees of referees in sales in partition cases/* passed May fourth, eighteen hundred and sixty-nine. Passed April 17, 1874 ; three-fifths being present The People of the State of New York, represented in Senate and Assembly y do enact as follows : Section 1. Section one of the act entitled ''An act in relation to the fees of the sheriff of the dty and county of New York, and to the fees of referees in sales in partition cases,'* passed May fourth, eighteen hundred and sixty-nine, is hereby amended so as to read as follows : Judicial ^ 1. Sales Oi real estate hereafter made in the dty and county of New *e*T«k York, under the decree or judgment of any court, may be maae by the Ste.^ sheriff of said dty and county, or by a referee appointed for that pur- Fees. i)ose, by such judgment or decree ; but when any sale is made by any officer other than the sheriff, no greater sum shall be charged or allowed as fees than as prescribed in section two of this act Bepeai. ^ 2. Section three of said act is hereby rex)ealed. ^ 3. Tins act shall take effect immediately. Chap. 19a. AN ACT to amend an act entitled " An act to revise and consolidate the laws in relation to the village of Ithaca in the county of Tompkins," passed April twenty-first, eighteen hundred and sixty-four. Passed April 17, 1874 ; three-fifths being present. The People of the State of New Tork^ represented in Senate and Assembly y do enadi asfcXLofws : Sbction 1. Section three of title six of the act to revise and con- solidate the laws in relation to the village of Ithaca, in the county of Tompkins, passed April twenty-first, eighteen hundred and sizty-four, is hereby amended so as to read as follows : Traatees ^ 3. The board of trustees shall have x)ower to lay out, make and onVan? Open Streets, alleys, lanes and highways and public grounds, and may open lay the same through any lands, building, garden, orchard or inclosure ^^^^' in said village. The said board of trustees shall also have power to Railroads, permit the construction in any of the streets or avenues of said village, fralteS as ^^ railroads for the transportation of passengers to be operated by to. horse power, upon such terms and conditions as said board may deem Consent expedient ; but no such permit shall be granted without the consent ^owneni thereto, of a majority in interest of the owners of the property upon ^ ^'^ ' the streets in which said road is to be constructed, said interest to be Chap. 195.] NINETY-SEVENTH SESSION. ascertained by the aeaeBeed valne of the real estate sitnate upon such streets or avenues, according to the last assessment roll of said village. ^ 2. This act shall take effect immediately. Chap. 194:. AN ACT to prevent extortion by gas companies in the counties of New York and Kings. Passed April 17, 1874 The People of the 8tate of New York, represented in Senate and Assembly , do enact asfollowa : Sbction 1. It shall not be lawfal for any corporation engaged in the price of manufacture or sale of gas in the counties of New York or Kings to SJ^^' diBige a greater sum per thousand feet for gas supplied to one consumer or claas of consumers than other consumers, but the rate shall be uniform to all consumers, provided, nevertheless, that nothing in this act con. ProTiio. tained shall prevent any company from charging dty or village munid- polities a leae sum than may be char^ped to private consumers or from makhig a special rate for any building, used for charitable, public or recreative purposes, nor from char&^ng a reduced rate to those consum- ing large quantities, provided in all cases that the charge per thousand feet to Hnoise consuming equal quantities shall be the same. If any cor. penai^ poration shall violate me provisions of this act, such corporation shall [fJJ^^^ be liable to pay a i)enalty of fifty dollars for each thousand feet so over- charged, to be recovered in an action by the person or persons against whom such overcharge is made. \ 2. This act shall take effect inmiediately. Oha^. 195. AN ACT for the relief of Amariah Holbrook. Passed April 17, 1874 ; three-fifths being jjresent. The People of the State of Neto York, represented in Senate and Assembly y do enact as follows : Section 1. The Canal Board are hereby authorized and directed to csnai hear and determine the facts in the case of the abandonment, by the ^eteni^e Oanal Commissioners, about June twenty-fourth, eighteen hundred and facts, serenty-three, of the contract of Amanah Holbrook, made with said CommisKoners, for rebuilding locks one and two of the Ghamplain canal, at Cohoes, and for eighteen chains of canal enlargement above and below flaid locks ; and if, upon such hearing and investigation, the said Canal Decisioii. Board shall adjudge and determine that said abandonment was inequi- table, aoid unjustifiable or made at a time when said Holbrook, as such amtractor, was diligently engaged in prosecuting the work under said contract, and had abundant stone and other material on hand, and in tnnfflt to said work, and had the ability to finish the same in time for the opening of navigation in the spring of eighteen hundred and aevenbr-four, then the said Canal Bofiurd shall award to the said Ama- Award, nah Bbllnook the amount of the deposit or security left in the hands of the State, as security for. thj due performance of said contract, as ai4 LAWS OF NEW YORK. [Chap. 196. required by law, together with the interest received by the State thereon ; also the monthly reserve of fifteen per cent, retained by the State on said contract, and such Canal Board shall also settle mth, adjudge and award to said Holbrook any and all sums equitably and justly due him for work actually done under his said contract. ^ 2. This act shall take effect immediately. Chap. 196. AN ACT to incorporate the Orinoco Navigation Company. Passed April 17, 1814 The People of the Stale of New Yorkj represeivbed in Senate and Assembly J do enaxit as follows : Corpora- SECTION 1. Alouzo B. Comell, 6. Hilton Scribner, William A. Pile, torg. Hiram A. Johnson, Matthew B. Wynkoop, Jacob R. Decatur, Charles Scandella, and William H. Gallie, and their associates and assigns, are hereby created and declared to be a body politic and corporate, by the Corporate name of the " Orinoco Navigation Company," with full jwwer and au- Poweis. thority to purchase, consti-uct and operate steamships, steamboats and other vessels, propelled wholly or in part by steam or sail, for the car- riage of freight and passengers from the port of New York to such ports on the coast of the Bepublic of Venezuela, South America, and calling at such intermediate ports as the company may elect, and from, such coast of Venezuela, via Port of Spain, Island of Trinidad, up to and upon the waters of the Orinoco river, and its tributaries, ana other inland waters and South American x)orts. Capital \ 2. The capital stock of said company shall be six hundred thousand stock. dollars, and shall be divided into six thousand shares of one hundred dollars each, and books of subscription to such capital stock, or such portion thereof as from time to time may, by its directors for the time being, be deemed necessary and pix)per, may be opened, subject to such rules, limitations and conditions as they may prescribe. Increase § 3. The company shall have power to increase the capital stock to an Btock"^^^ amount not exceeding ten million of dollars, as the objects of the com- pany may demand, and a majority of the stockholders may authorize. Bonds. The said company shall also, with like consent of the stockholders, Not to is- have authority to execute bonds, for an amount not exceeding its exist- untii^ft^* ing capital stock, and to negotiate and sell the same, but saia company per cent of shall not commence business under this act nor issue the bonds men- paid-in! tioned in this section until the whole capital stock is subscribed and fifty per cent, thereof paid in, in cash. By uws, ^ 4. The company shall have power and authority to make all need- ^' ful rules, regulations and by-laws for the government of said corpora- tion and the conduct of its business, and to alter and amend the same as may be deemed expedient ; provided, the said rules, regulations or by-laws shall not be inconsistent with the Constitution or laws of the United States, or of the State of New York. Board of ^ 5. The government of such corporation, and the management of its directors, afl^ipg and pToi)erty, shall be vested in a board of directors, to consist of not less than seven nor more than fifteen bona fide eihareholders of said corporation, who shall hold their office for one year, and until th^ successors are elected and qualified, to be elected at such times and Chap. 197.] NINETY-SEVENTH SESSION. 215 places, and in sacb manner as by the by-laws of said corporation shall be appointed and provided. \ 6, Alonsso B. Cornell, G. Hilton Scribner, William A. Pile, Hiram First A. Johnson, Matthew R Wynkoop, Jacob R. Decatur, Charles Scan- fiircctore. della and William H. Grallie, or such of them as shall have become bona fide stockholders, shall be the first directors of said company, and shall bold their office until the expiration of one year after the said company Term of shall be organized and in regular operation, and until their successors °®®*- are elected and qualified. They shall choose their president and two President, vice-presidents out of their number, and appoint a treasurer, secretary, *^- general manager and all other officers and employees, and remove the same at pleasure. \ 7. The said company shall have power to purdiase, hold and con- May par- vey such real estate as shall be deemed by it necessary for the prosecu- ^^ ^'^ tion of the business of the company, under the provisions of this act, and to erect and maintain thereon all necessary buildings, docks, wharves and fixtures for the aforesaid purposes, as may be incident or necessary thereto. \ 8. The stockholders of this corporation shall be liable for the debts Liability of the oomx)any, to an amount equal to the stock respectively owned Solders hy them, until such stock shall be fully {)aid up, in cash, or in property at its cash value necessary for the business of the company. ^ 9. The principal office of said company shall be in the dty of New Business York, where all meetings of stockholders, directors and bondholders ®®*^®* shall he held. \ 10. This act shall take effect immediately. Chap. 197. AN ACT in relation to the management of the bridge cross- ing the Mohawk river, between the city of Schenectady and town of Glenville, in the county of Schenectady. Passed April 18, 1814 ; three-fifths being present. The People of the State of New Tork^ represented in Senate and Assemblp^ do enact as foUowa : Section 1. The bridge commonly known as the Mohawk bridge. Bridge, acroes the Mohawk river between the city of Schenectady and town of )^^l^ ^ fflenville, and now belonging to said town of Glenville, shall be under have the the management and direction of the town board of said town, who ^^^^'^^ ^^' shall be in place and stead of trustees or directors of said bridge, or of the company known as " the President, Directors and CJompany of the Mohawk Bridge Companv." 42. The town board of said town of Glenville are hereby authorized Town and empowered to repair the said bridge, or, if they shall deem neces- Jcpair'or^ WIT, to rebuild the said bridge, and the cost and expense of such repairs rebuUd. and rebuilding shall be a charge upon said town of Glenville, and all moneys that shall be received for tolls shall be used and expended in the repair or for the necessary expenses appertaining to said bridge. \ ^ The town board shall place the amount of the expense of the Expense repairs of said bridge in their annual town audit and present the same So"^to be to the board of supervisors of the county of Schenectady at their annual paid. Kssibn. And the said board of supervisors are hereby authorized and required to levy a tax upon the real and personal proi)erty of said town of Glenville, sufficient to pay the amount of such expenses. 316 LAWS OF NEW YORK. [Chap. 198. Bonds ^ 4 Whenever the said town board shall deem it necessary to reboild Ewued^o *^® ^^^ bridge, they, the said town board, are hereby authorized to rebuild issue the bonds of the said town of Glenville in an amount not to exceed ^dge. the sum of twenty-fiye thousand dollars, or so mu(^ of that sum as shall be necessary to rebuild said bridge, which said bonds shall bear interest at the rate of seven per cent, per annum. The said bonds shaJl not be issued for a longer term than ten years^ and shall not be sold or disposed of for a less sum than par. Bridge to ^5. The said bridge shall be free for the use of the citizens of the be free, ^own of OleuviUe, and said bridge shall not be liable to taxation for any purpose whatsoever, except State and county taxes. Super- ^ 6. The supervisor shall receive all tolls that shall be collected on re^^ive ^^ bridge, and also all moneys that shall be raised or collected for the (oUb, Ac. repairs of said bridge, or in rebuilding thereof, and for tiie security therefor, and the faithful expending of such moneys, and accounting msbond. for the same to the said town board when required, l^e said sux>er- visor shall execute a bond to the town clerk of said town, in such amount as shall be fixed by the said town board, which said bond is to be approved as to its sufficiency and form by said board. Board of ^ 7. The board of supervisors of the county of Schenectady, whenever v?BM!9'to required by the town board of said town of Glenville, shall levy and levy tax. assess On the real and personal property of said town such sum or sums as shall be sufficient to pay the amount of any of the bonds issued under the provisions of this act that may be £Eilling due, and for the interest accrued on the said bonds, Repeal. ^ 8. All acts and parts of acts or laws inconsiBtent with this act are hereby repealed. ^ 9. This act shall take effect immediately. Chap. 198. AN ACT to prevent enroachments and obstructions to the navigation of the water-front of the city of Yonkers, and to authorize their removal and sale. Passed April 18, 1874 ; three-fifkhs being present The People of ths State of New York, represented in Senate and Assembly, do enact asfoUoios : obBtrac SECTION 1. It shall not be lawful to obstruct or interrupt the naviga- ▼igaUon*' ^^^ ^^ *^® waters of the city of Yonkers, upon the Hudson river, by ibrbidden. any incumbrance whatever ; -and in case of any such obstruction or interruption by reason of any sunken vessel or other thing, the common Notice to council shall notify the owner or owners of such vessel or thing, if such remove, owner Or owners are within the city of Yonkers, and are known to them, to remove the same within three days after such notice, and in case such owner or owners are not known to the common council, or are not within the dty of Yonkers, or fail to comply with such notice, the said Common oommon council shall cause the said obstruction to be removed, if, in its may re. judgment, such obstruction shall interrupt or interfere with the approach move. of vessels or boats to the wharves, piers or docks of said dty. Eicpenses ^ 2. The expenses incurred by the removal of such obstruction by the of remov- common coundl, in case of the failure of the owner or owners to remove the same within the time herein prescribed, shall be audited by the common coundl, and the amount of exx)enses so audited shall be a lieu upon such -prop&Ttj so to be removed, and the common coundl of said Chap. 199.] NINETY-SEVENTH SESSION. 317 city shall, by lesolution to be signed by the mayor of said city, direct the aheiiff of Westchester county to sell such property, and apply the proceeds to the payment of the expenses incurred in removing such obrtraction. Said sheriff shall be entitled for his sevioes herein to the Bune fees as upon the sale of property on execution. ^ 3. Before selling said property the said sheriff shall publish a notice, Notice of in the dty official papers, for two successive weeks, of his intention to Ih^^. eell said property at auction upon a day to be therein named, and that if the owner or owners, or other parties interested in said porperty, shall not pay into the city treasury the expenses as audited, together with the expenses incident to the conducting of the proceedings and adTertising, that then the said sheriff will sell said prox)erty at auction, and apply the proceeds to the payment of said expenses. § 4. In case the money derived from the sale of such -pToperij shall Conamon be insu^cient to meet such exx)enBe, then the common council may may re- recover, by an action in any court of competent jurisdiction, in the name Jciency ^ of the dty of Yonkers, against the owners of such property, the differ- ence between l^e total amount of such expenses, including the exx)en8es of aale, and the amount realized from the proceeds of sale. In case the snrpioB. smoant realized from the sale of such property should exceed the expenses, then such surplus moneys shall be paid, by said sheriff, into the dty court of said dty oi Yonkers, to the credit of said proceeding, sabject to the further order of said court. fcJaid sheriff is hereby Sheriff's required to make return of his proceedings herein, and file the same '^'""'- with the derk of said court. \ 5. This act shall take effect inunediately. CliaT). 199. AN ACT to amend and supplementary to chapter one hundred and ninety-nine of the laws of eighteen hundred and sixty-nine, entitled "An act to incorporate the village of Whitestone, in Queens county.". Passed April 18, 1874 ; three-fifths being present. The People of the State of New Torkj represented in Senate and Assembly y do enact as foUoios : SscnoN 1. The first clause of section three of title two of chapter Time of (me hundred and ninety-nine of the laws of eighteen hundred and anniiaf^ azty-nine, entitled "An act to incorporate the village of Whitestone, election, in Qaeens county," is hereby amended so as to read as follows : " The annoal election shall be held on the first Monday of December in each year, from the hour of one o'clock in the afternoon until seven and one.balf o'clodc p. m., during all which time the x)oll shall be ox)en.'* ^ 2. It shall be lawful for the trustees of the village of Whitestone TnuteeB to alter the established grade of Eleventh avenue in said villa^ of^^^'^' Whitestone, between the Whitestone and Westchester railroad and the AYenae. bulkhead line and the parts of the streets connected withthat part of said aTemie immediatelv adjacent thereto. The said trustees shall cause snirey. a florvey to be made, exhibiting the grade of said avenue as altered, tnd the grade of the streets so altered connected with said avenue, and make two maps or profiles thereof, one to be filed in the office of Mspi the derk of ther county of Queens, and the other in the ofiice of the 16 ai8 LAWS OF NEW YORK. [Chap. 200. Maps, clerk of the village of Whitestone. The said trustees shall, by a authenti^ Certificate signed and acknowledged by and before an ofiBcer authorized catod. to take the acknowledgment of deeds, authenticate said maps or pro- files, and upon the filing of the same, as aforesaid, it is hereby declared that the said Eleventh avenue, between the Whitestone and West- chester railroad and the bulkhead line, and the streets connected with that part of said avenue shall, as exhibited on said maps or profiles, form and be the permanent plan or grade for the grading of said avenue and the streets connected therewith, any provision in said aqt to the contrary thereof notwithstanding. ^ 3. This act shall take effect immediately. Chap. 200. AN ACT to authorize the appraisal and sale of leased fine salt lots, on the Onondaga salt springs reservation, by the Commissioners of the Land Office. Passed April 18, 1874 ; three-fifths being present. The People of the State of New Yorky represented in Senaie and Aaeemblyy do enact as follows : commis- Section 1. If at any time hereafter the Commissioners of the Land lind^oJfice O^ce shall, in their judgment, determine that it would be for the best may sell interests of the State to sell and convey in fee any of the fine salt lots salt lots. |g^^ ^^^ ^^^ g^|. ^pgj^ ^Qj, ^jj^ manufacture of fine salt on the Onondaga Proceed- salt Springs reservation, then, in case the sux)erintendent of the/)non-. *°^' daga salt springs shall officially certify that such lot or lots are not necessary for the manufacture of salt, and may be sold and disposed of without injury to the interests of the State, and the lessee, lessees, or their legal representatives, shall request said lot or lots to be appraised and sold, and shall release absolutety all right to have, demand or receive of and from the State any moneys, by way of damages, either on account of the termination of the leases by which said lot or lots are held, or on account of the destruction or removal of any salt blocks, their appurtenances, or any other property or buildings therefrom, or any part or portion of the appraisement, value or bid as hereinafter provided, the said commissioners may, in their discretion^ cause the said lot or lots to be appraised and sold, and the fee thereof to be absolutely conveyed to the purchaser or purchasers of the same. Lessees, ^ 2. Upon the appraisement of the value of any lot or lots mentioned o" to p£- i^i the preceding section, being returned to and approved by the Com- ciiase. missioners of the Land Office, the lessee or lessees of said lot or lots, or their legal representatives, shall have the right and privilege, for thirty days after the date of such approval, to become the purchasers of such lot or lots at the appraised value thereof upon the usual terms as to times of payment of princix)al and interest ; but in case the power or right of purchase at such appraisal shall not be exercised within the time limited, the right so to do shall cease, and the said lot or lots shall be advertised and sold under the direction and control of the Not to be said oonmiissioners to the highest bidder ; but no such lot or lots shall than'ai)^ ^ s^ld uuless the amount bid to be jmd therefor shall be at least equal praised to the appraised value thereof as approved by the said commissioners, °^' and in case such owner or owners or their legal representatives do not decide to take such lands at such appraisal, and no sufficient bid is Chap. 201.] NINETY-SEVENTH SESSION. 319 made therefor the title thereof shall vest and be in the State of New York, released and discharged from the terms and conditions of any sach lease, and such lessee shall remove the buildings within the time and as provided in section four of this act. ^ 3. So much of articles two and three of title five of chapter nine certiOii of part one of the Revised Statutes which title is entitled " Of the SnStised public lands and the superintendence and disposition thereof/* as is statutes applicable to the lands in this act described (reference being had to the SFe! ^^ manner of appraisement, advertisement for sale, and sale and payment of the purchais^money, and the execution and delivery of the grants therefor), is hereby made a x>art of this act. \ 4. Upon the sale of any of the lots in this act provided for, if the LeasecB to leasee, lessees, or their legal representatives, shall not be the purchaser bnTuiings, or parchasers of said lot or lots, then and in such case they, or either *«• of them, shall remove or cause to be removed, within thirty days after each sale or sales*, all buildings or other property belonging to them, or either of them, off from such lot or lots ; and in case of failure so to remove such buildings or property within the time herein specified, the same shall be considered as given up and abandoned, and shall become and be the property of the person or persons so purchasing said lot or lots, aforesaid. \ 5, A.11 moneys arising from the sale of any lot or lots, by virtue of other the provisions of this act, shall be placed by the Comptroller in the pMchas. 8tate treasury for the use and benefit of the general fund ; but the «erson or persons, corporation or company, upon the Msessment and payment of damages as hereinafter provided. When- Commis- eTer the common council shall order a public sewer to be made through Sow^to'be the lands of any x>erson, corporation or company, such proceedings appoint, shall be had to appoint three commissioners to ascertain and assess the damages and benefits of the parties interested, as is provided by sec- tions three, four, five, six, seven, eight, nine and ten of title eight of aaid e the *®®*' first trustees of the said corporation, and all the vacancies in the ofiSce Vacan- of trustees of the said corporation and all vacancies in the office of trus- Suei?*^^ tees shall be filled by the hoard, by ballot, without unnecessary delay, and the vote of a Qiajority of the remaining members of the board shall be necessary to elect a trustee. Tmstees § 3. The business of the said corporation shall be managed and directed biisinoss^ ^7 s&^d bpard of trustees, who shall elect from their number a president Offlcen. and two vice-presidents, and may elect from their number, or otherwise, such other officers as they may deem expedient; and the vote of a Salary, majority of a full board of trustees shall be requisite for the appoint- ment of any officer receiving a salary thei'efrom, or to fix or increase the salary of any officer ; but such majority shall be composed exclusive of Chap. 206,] NINETY-SEVENTH SESSION. 925 iny trnstees recemng any salary or compensaton for services as officers of 'said corporation. § 4. No tmstee sfaally directly or indirectly^ reoeiye any pay or emoln- TrnBtocs ment for his services, and no trustee, officer or servant of said corpora- ^o ]^^/^^ tioQ shall, directly or indirectly, for himself or as the agent or partner of others, borrow any of the funds of the said corporation, or its depos- its, or in any manner use the same, or any part thereof, except to make neoesaary current payments, or to make investments, or to deposit for safety, under the direction and by authlar meeting;. § 6. A regular meeting of the board of trustees shall be held once in Monthly each month, to receive the reports of their officers, and to transact such ™®o^"«** other business as may be necessary ; and the trustees may, in their by-laws, provide for calling special meetings ; and any trustee omitting toattend the regular meetings of the board for six months, unless pre- Tiousiy excused by a vote of the board, shall t^hereby vacate his office as trustee, but may, in the discretion of the board, be eligible to a re- election. § 7. The board of trustees -of said corporation shall have power, from By-Uws. time to time, to make such by-laws, rules and regulations as they may think proper for the election of officers, for prescribing their respective powers and duties, and the manner of discharging the same, for the appointment and duties of committees, and generally for transacting, ''^'^^Qg and directing the affairs of the corporation ; provided, sucn ptoyUk). b]f-law8, rules and regulations are not repugnant to nor inconsistent with the provisions of this act, the Constitution and laws of this State or of the United States. * § 8. The business and object of the corporation hereby created Objects, shall be to receive on deposit any sum or sums of money that may be offisred for that purpose, by any person or persons, or by any religious or charitable corporations or societies, not to exceed five thousand dollars for such individual or association, and to invest the same, and declare, credit and pay dividends or interest thereon, as hereinafter anthorued, and not otherwise ; and all certificates or other evidences of Certui- deposit, made by the proper officer of said corporation, shall be as de^eit^ effectual to bind the corporation as if executed under the common seal pow bind- thereof. *"*• § 9. It shall be lawful for the trustees of the corporation to invest the invest- moneys deposited with them, and the gains or profits thereof, only as how-to be follows, to wit : mtAe, 1. In the stocks or bonds, or interest-bearing notes or certificates of the United States. 2. In the stocks or bonds, or evidences of debt bearing interest of this State. 3. In the stocks or bonds of any city or county of this State, issued pursaant to the authority of any law of this State, but not exceeding ten per cent of the assets of the corporation shall consist of city or ooonty bonds. 4* in bonds secured by mortgages, on improved) unincximbered and 326 LAWS OP NEW YORK [Chap. 206. productive real estate, situate in this State, worth at least twice the amount loaned thereon ; but not to exceed forty per cent of the assets of the corporation shall consist of such bonds and mortgages. Real 5. It shall be lawful for the corporation to purchase, hold and convey fecto for^' real estate only as follows : whichcor- 1. A lot and baking-house requisite for the transaction of its busi- maypar. u^ss, and for au income from such portions of the same as are not convey. 2. Such as shall have been purchased at sales upon statute or other foreclosures owned by the corporation, or judgments or decrees obtained or rendered for money loaned ; and all such i*eal estate as is described in the last two preceaing clauses shall be sold by the trustees within five years after the same shall be vested in the corporation, unless, upon application by the trustees, the Superintendent of the Banking Depart- ment shall extend the time within which such sale shall be made. Personal § 10. In all cases of loans upon real estate a sufficient bond, or other when tobe personal security, shall be reouiredof the borrower, and all the expenses required, of searches, examinations and certificates of title or appraisals of value, and of drawing, perfecting an^ recording papers, shall be paid by such borrower. • insar- § 11. Whenever buildings ai'e included in the valuation of any real rn'ort-^^ estate upon which a loan shall be made by said corporation they shall gt^soT. be insured by the mortgagor for at least two-thirds their value, in such company of this State as the trustees shall direct, and the policy of Corpora- insurance shall be duly assigned to the corporation ; and it shall be law- renew*£e ^^^ ^^^ ^aid Corporation to renew such policy of insurance in the same Bame. or in any other company of this State, a^ they may elect, from year to year, or for a longer or shorter term, in case the mortgagor shall neglect ExpenseB to do 80, and may charge the same to him. And all the necessary of renew- charges and expenses paid by said corporation for such renewal or renewals shall be paid by such mortgagor to the said corporation, and shall be a lien upon the property so mortgaged until paid. Ck>rpora- § 12. It shall be unlawful for the said corporation, directly or indi- en^S^in rectly, to deal or trade in real estate in any other case, or for any other tr&e. purpose, than as authorized in the ninth section of this act, or to deal or trade in any goods, wares, merchandise or commodities whatever, except as authorized by the provisions of this act, and except such per- sonal property as may be necessary in the transaction of its business. Moneys § 13. It shall be lawful for the trustees of the corporation, while await- loaned! ^^S Opportunity for the judicious investment of the moneys deposited with them, as authorized and req^uired by this act, to loan the same, or any part thereof, upon the securities mentioned in section nine of this ac^ subject to limitations mentioned in said section, but not exceeding ninety per cent of the cash market value of such securities shall be When, im- loaned thereon; and should anv securities depreciate in value after paylli^nt D^iaking a loan thereon, it shall be the duty of the trustees to require oraddi- the immediate payment of such loan, or a part thereof, or additional cnritv^^ sccurity therefor, so that the amount loaned shall at no time exceed required, ninety per cent, of the market value of the securities pledged therefor. Monevs § 14. It shall be the duty of the trustees of said corporation, as soon an8 gains ^ practicable, to invest the moneys deposited with them, and the gains thereof, or profits thereof, in the securities named in the ninth section of this be\nvefr act, except an available fund of not exceeding twenty per cent of the *«^- deposits with said corporation, which the trustees may keep to meet current payments, and which may by them be kept on deposit in any bank or banking association, organized under any law or laws of this Chap. 206.] NINETY-SEVENTH SESSION. 337 State or of the United States, or with any trnst company incorporated by any law of this State, upon snch terms as may be agreed upon ; but the sum so kept on deposit in any one bank or trust company shall not acecd twenty per cent, of the capital of such bank or trust company, ind shall not exceed twenty-five thousand dollars, or ten per cent, of (he whole amount of deposits with this said corporation ; or such avail- able fand, or any part tnereof, may be loaned by the trustees on call, or on notice not exceeding ten days, upon the securities and in the manner provided in the last preceding section of this act. § 15. The sums deposited with the said corporation shall be repaid to Payment the depositors thereof, or their legal representatives, at such times and tSr^^^**"*' with such interest, and under such regulations, as the boai*d of trustees shall from time to time prescribe, which regulations shall be put and Regnia- kept up in some conspicuous place in the room where the business of ***'"*• the corporation shall be transacted, and shall also be printed in the pass-book of each depositor, but shall not be altered so as to affect any deposit previously made. § 16. Whenever any deposit shall be made by any person being an Deposit alien or minor, or a female, being or thereafter becoming a married Jj^*** woman, the same shall be held for the exclusive right and benefit of minors, snch depositor, and free from the control or lien of all persons what- ^be heW. soever, except creditors, and shall be repaid, together with the dividends or interest thereon, to the person making the deposit, and the receipt Beceiot of or acquittance of such alien, minor or female shall be a valid and suf- pMitoni ficient release and discharge for such deposit to the corporation. ^a^^d. § 17. In all actions in any court of this State, against the said corpo- inactions, ntion, by a husband to recover for moneys deposited by his wife in of*tSJf"^ her own name, or as her own money, the wife may be examined and fnnd who testify as a witness in like manner as if she were an unmarried woman. p^rSes, And in all actions against the said corporation to recover for moneys "*^*^j on deposit therewith, if there be anv person or persons, whether bus- in.^"* band or wife, or otherwise, claiming the same fund, who are not parties to the action, the court in which such action is pending shall, on the petition of said corporation, and upon five days' notice to the plaintiff and such claimants, make an order amending the proceedings in said action, by making such claimants parties defendant thereto ; and the said court shall thereupon proceed to hear and determine the lights and interests of the several parties to said action in and to said funds. The said funds or deposits which are the subject of the said action Fnnds to may, in the discrdiion of the court, be permitted to remain with saiid "Sfitof^ corporation at the same rate of interest as other deposits of the same action, chas, to the credit of the action ui^til final judgment therein, and the same shall be paid by said corporation in accordance with the provisions of said final judgment. The question of costs in the actions referred Costs, to in this section shall, in all cases, be in the discretion of the court. § 18. It shall be the duty of the trustees of the said coi-poration to Kate of r^ulate the rate of interest to be allowed to the depositors in such h^wlSgn- manner that they shall receive, as nearly as may be, all the profits of lated. the said corporation, after deducting necessary expenses, and reserving BQch amount as the trustees may deem expedient or desirable as a surplus fund, which, to the amount of ten per cent, of their deposits, the trustees of said corporation are hereby authorized gradually to accumulate and hold, to meet any contingency or loss in its business; provided, however, that it shall be lawful for the trustees to classify Proviso, their depositors according to the extent or duration or character of their dealings with the said corporation, and to regulate the rate of 328 LAWS OF NEW YORK. [Chap, 207. interest in such manner that each depositor shall receive a ratable proportion of interest with all others of the same class. Report to § 19. The Said corporation shall, every year, make reports to the StefidSnt Superintendent of the Bank Department, as required by law, and in of bank such form as he shall prescribe, and the books of the said corporation mentT shall at all times during business hours be open to the inspection of the Superintendent of the Bank Department, or of such other person as the Superintendent or the Legislature may appoint as his or their agent for that purpose. Whenever any agent shall be appointed to make any such examination, he shall be paid for his services by such corporation such sum as the Superintendent of the Bank Department shall certify to be just and reasonable. Bxamina- § 20. The Supreme Court may at anjr time, on the application of any ▼estmento. trustee or depositor in said savings institution, and on reasonable cause ^- shown therefor to the satisfaction of said court, appoint one or more persons to examine into the investments of said savings institution, and its affairs and business generally. The books, papers and business of said savings institution shall be open and subject to the examination Trastees, of such person or persons, and the trustees, officers and clerks thereof, he'e^m- ^^ ^^7 other person, may be examined on oath by such person or ined on persons ; and the same court may confer such further powers on the ^^ ' person or persons so appointed as they may consider necessary for the more thorough and perfect examination of the affairs and business of Report, said corporation. The said person or persons so appointed shall report the result of their investigations to the said court, which, if satisfied Order thereby t&at any officer, trustee or servant of said corporation has been thereon, guilty of any fraud or misconduct, may remove such person or persons, and make such further order and take such further measures for secur- ing the funds and property of said corporation as the said court shall deem expedient Misnomer § 21. The misnomer of said corporation in any instrument shall not ^^tiate. vitiate or impair the same if it be sufficiently described to ascertain the intention of the parties. General § 22. The corporation hereby q)*eated shall be subject to the provis- KSwap- ^^^^ ^^ ^^^ eighteenth chapter of the first part of the Bevised Statutes, pUcable. and all other general laws afiecting savings -institutions, so far as the same are applicable ; and this act may be repealed, or altered or amended, at any time hereafter. § 23. This act shall take effect immediately. Chap.^ 207. AN ACT to amend the Revised Statutes relating to em- bezzlements by clerks, servants, officers, agents and other personal* Passed April 18, 1874; three-fifths being present. The People of the State of New York, represented in Senate and Assembly f do enact a^ follows: Section 1. Section fifty-nine, article five, title three, chapter one, of the fourth part of the Bevised Statutes, is hereby amended so as to read as follows : smbez- § 59. If any clerk or servant of a private person or of a copartnership wlbM »cb (except »pprentiaes and persons under the age of eighteen years), or if Gup. 209.] NINETY-SEVENTH SESSION. 329 any oflScer, agent, clerk or servant of a municipal or other corporation, bv acicrk, orof a joint-stock company or association, or any director, trustee or J'^'^®g'i;,^|i manager of snch corporation, joint-stock company or association, con- conku- yerts to his own use, or, without the consent of his master or employer, ^' takes, makes way with or secretes with intent to convert to his own use or to the use of another, or withholds or appropriates or otherwise fraud- ulently applies or makes use of any money, goods, rights in action or other yalnable securities or effects belonging to another and which may haye come into his possession, or under his care, by virtue of sucn employment or office, he shall be judged guilty of embezzlement and shall, upon conviction, be punished in the manner prescribed by law for Pnniah- feionioasly stealing property of the value of the article so embezzled. ™®*^^ § 2. Nothing herein contained shall affect crimes committed before Kot to the passage of this act reteospec § 3. This act shall take effect immediately. tive effect. Chap. 308. AN ACT to amend article two of title ten of chapter eight of part three of the Bevised Statutes^ relating to Bum- mary proceedings to recover the possession of land. Passed April 18, 1874 ; three-fifths being present. The Peopie of the State of New Tork^ represented in Senate and AsttemUpy do enact ae foUows : Section 1. Subdivision four of section twenty-eight of article two of title ten of chapter eight of part three of the Revised Statutes is hereby amended so as to read as follows : 4 Where any person shall hold over and continue in possession of Snmmaiy any real estate which shall have been sold pursuant to the foreclosure E"^®^" of a mortgage thereon, or by virtue of an execution against such person, after a title under such sale shall have been perfected. § 2. This act shall take effect immediately. Chap. 309. AN ACT to amend an act, passed April eighteenth, eigh- teen hundred and fifty-nine, entitled " An act to extend the provisions of an act authorizing the imprisonment of persons convicted of certain crimes in the counties of Montgomery and Oneida, in the Albany county peni- tentiary," passed April twelfth, eighteen hundred and fifty-eight, to all the counties in this State. Passed April 18, 1874; three-fifths being present The People of the State of New York, represented in Senate and Assembly y do enact as follows : Sbctiok 1. The act entitled ** An act to extend the provisions of an act authorizing the imprisonment of persons convicted of certain crimes in the counties of Montgomeiy and Oneida, in the Albany county peni- 330 LAWS OP NEW YORK [Chae. 209. Agree- ment by boards of Bopervis- ors for keeping prisoners. Notice thereof to be given. Daty of coarts, Ac., as to sentence. Warrant. Consta- ble's and sheriflb. Foes. tentiary, passed April twelfth, eighteen hundred and fifty-eight, to all the counties in this State," is hereby amended so as to read as follows: § 1. It shall be lawful for the several boards of supervisors in the sev- eral counties of this State to enter into an agreement with the board of supervisors of any county having a penitentiary therein^ or with any person in their behalf by them appointed to receive and keep in the said penitentiary any person or persons who may be sentenced to con- finement therein by any court or magisrtate, in any of the said several counties in this State, for any term not less than sixty days. When- ever such agreement shall have been made, it shall be the duty of the said several boards of supervisors of the several counties aforesaid, to give public notice thereof, specifying in such notice the period of the continuance of such agreement, which said notice shall be published in such newspapers, printed in said several counties^ not less than two, and for such period of time, not less than four weeks, as the several boards of supervisors of said several counties shall direct. § 2. It shall be the duty of every court, police justice, justice of the peace, or other magistrate, by whom any person may be sentenced, in the several counties of this State, for any term not less than sixty days, for any crime or misdemeanor not punishable by imprisonment in the State prison, during the continuance of the agreement mentioned in the first section of this act, to sentence such person to imprisonment in the penitentiary in the county with the board of supervisors of which the said agreement is made, there to be received, kept and employed in the manner pi'escribed by law, and the rules and discipline of said peni- tentiary ; and it shall be the duty of such court, justice or magistrate, by a warrant, duly signed by the presiding judge or justice of such court, or by such justice or other magistrate so giving such sentence, to cause such person so sentenced, to be forthwith and by the most direct route conveyed by some proper officer to the county jail of the county in which he is so sentenced, and to be thereupon conveyed "by the sheriff of such county to said penitentiary. § 3. It shall be the duty of the constables in and for the several counties of this State, to whom any warrant of commitment for that purpose may be directed by any court or magistrate in this act men- tioned, to convey such person so sentenced, to the county jail of the county in wlwch he is so sentenced, and of the sheriflF of said county forthwith to convey such person to the penitentiary referred to in the second section of this act, and there deliver such person to the keeper of said penitentiary, whose duty it shall be to receive such persons, so sentenced, during the continuance of said agreement, authorized by the first section of this act, to be there safely kept and employed, according to the rules and discipline of said penitentiary; and the officers thus conveying such convicts, so sentenced shall be paid such fees and expenses therefor, as the several boards of supervisors of the several counties of this State shall prescribe and allow. § 4. This act shall take effect immediately. Chap. 210.] NINETY-SEVENTH SESSION. 331 Chap. 210. AN ACT to amend the charter of the village of Horse- heads, Chemung county. Passed April 18, 1874; three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact asfoUotoa : SECTioiif 1. No alteration or amendment to the charter of the village Notice or of Horseheads shall be made except upon notice published three succes- ^ntto give weeks next preceding the application therefor, in some newspaper charter. pabUshed in said village, to be designated by the board of trustees. § 2. Neither the board of trustees or any officer of said village shall Debt, how haye power to create any debt or impose any obligation upon said <''®**®^- Tillage beyond that already provided by the charter,- without a vote of flie tax-payers thereof; and no action at law or suit in equity shall be Presenta- mamtained against said village for any liability created by contract ciahn.^ nntil after presentation to and rejection by said board of such claim ; a lefosal or neglect to act upon any claim, when properly presented, shall be deemed a rejection thereof, in case a judgment shall be secured Jndflrment against said village, a transcript thereof shall be presumptive evidence yfS^e! of the amount and validity thereof, and it shall be the duty of the trus- tees to include the amount thereof in the next regular tax levy, How paid, raise sufficient money to pay the same, and the same shall be raised and paid the same as any other claim against the village, and not other- wise. Any violation of the provisions of this section shall be a misde- Misde- meanor punishable by a fine not exceeding one hundred dollars, or ™o**i<>>^- imprisonment not exceeding sixty days in the county jail, or both^ § 3. The trustees shall file, with the annual report now required by vonchers law, vouchers for all expenditures made during the current fiscal year, *o^^®e the duty of the trustees to tfonai^se. leqnire the immediate payment of snch loan, or a part thereof, orcaritymay additional security therefor, so that the amount loaned shall at no time n/^ exceed ninety per cent, of the market value of the securities pledged therefor. § 14. It shall be the duty of the trustees of said corporation, as soon inyest. as practicable, to invest the moneys deposited with them, and the gains S^p^ftt or profits thereof, in the securities named in the ninth section of this and pro. act except an available) fund of not exceeding twenty percent of the^^* deposits with said corpoi*atiou, which the trustees may keep to meet current payments, and which may by them be kept on deposit in any bank or banking association, organized under any law or laws of this State or of the United States, or with any trust company incorporate * by any law of this State, u{)on such termaas may be agreed upon; but Deposits the Slim so kept on deposit in any one bank or trust company shall ^^^^' iiot exceed twenty per cent of the capital of such bank or trust com- paoy, and shall not exceed twenty-uve thousand dollars, or ten per ceaLof the whole amount of deposits with this said corporation; or 338 LAWS OF NEW YORK. [Chap. 216. Loans on Bncfa available fnnd, or any part thereof, may be loaned by the tmstees ^^*^- on call, or on notice not exceeding ten days, upon the securities and in the maniter provided in the last preceding section of this act Beiiay- § 15. The sums deposited with the said corporation shall be repaid dtopMU- to 'the depositors thereof, or their legal representatives, at such times ore, inter, and with such interest, and under such regulations, as the board of gtdaUon^' trustees shall from time to time pi^escribe, which regulations shall be put and kept up in some conspicuous place in the room where the business of the corporation shall be transacted, and shall also be printed in the pass-book of each depositor, but shall not be altered so as to affect any deposit previously made. Doposits § 16. Whenever any deposit shall be made by any person being an D^nor'or *^^®^^ ^^ minor, or a female being or thereafter becoming a married femaio. woman, the same shall be held for the exclusive right and benefit of such depositor, and free from the control or lien of all persons whatso* ever, except creditors, and shall be repaid, together with the dividends Receipt or interest thereon, to the person making the deposit, and the receipt ^^^^- or acquittance of such alien, minor or female shall be a valid and sufficient release and discharge for such deposit to the corporation. Witness. § 17. In all actions in any court of this State, against the said cor- poration, by a husband to recover for moneys deposited by his wife in her own name, or as her own money, the wife may be examined and testify as a witness in like manner as if she were an unmarried woman. Claimants And in all actions against the said corporation to recover for moneys on mayb?** deposit therewith, if there be any person or persons, whether husband broaght or wife, or otherwise, claiming /the same fund, who are not parties to **' the action, the court in which such action is pending shall, on the petition of said corporation, and upon five days' notice to the plaintiff Order. and such claimants, make an order amending the pixxseedings in said action, by making such claimants parties defendant thereto ; and the said court shall tliei*eupon proceed to hear and determine the rights and interests of the several parties to said action in and to said funds. The Fnnds Said funds or deposits which are the subject of the said action may maL^ remain, in the discretion of the court, with such corporation at the same creditor rate of interest as other deposits of the same class, to the credit of the action, action until final judgment therein, and the same shall be paid by said corporation in accordance with the pi'ovisions of said final judgment Ooets. The question of costs in the actions i*eferred to in this section shall, in all cases, be in the discretion of the court, itateof § IB. It shall be the duty of the trustees of the said corporation to h"\TiS)*\)e 'cgul**^ *h® ^^^ of interest to be allowed to the depositor in such reKaiated. manner that they shall i*eceive, as nearly as may be, all the profits of the said corporation, after deducting necessary expenses, and reserving such amount as the trustees may deem expedient or desirable as a sur- plus fund, which, to the amount of ten per cent, of their deposits, the trustees of said corporation are hereby authorised gradually to accu- mulate and hold, to meet any contingency or loss in its business; pro* ciassinca. vided, however, that it shall foe lawful for the trustees to classify their po"iton'^ depositors according to the extent or duration or character of their and resn. dealings with the said corporation, and to regulate the rate of interest interest. >B such manner that each depositor shall receive a ratable proportion of interest with all others of the same class. Beportsto § 19. The Said corporation shall, every year, make reports to the fendent Biiperintendeut of the Bank Department, as reouired by law, and in sneh of bank fonn as he shall prescribe, and the books of the Siud corporation shall mSat' A^ ^U times durmg business hoars be open to the inspection of th^ Gup. 217.] NINETYSEVENTH SESSION. 339 Saperintendent of the Bank Department^ or of each other person as the Soperintendent or the legislatare may appoint as his or their agent for that purpose. Whenever any a^eut shall be appointed to make any Payor nich examination, he shall be paid for his services by such corporation ^^^^ sich sum as the Superintendent of the Bank Department shall certify to be just and reasonable. 1 20. The Supreme Court may at any time, on the application of any Examtna- trustee or depositor in said savings institution, and on reasonable cause i^^^St- shown therefor to the satisfaction of said court, appoint one or more ™^°^* persous to examine into the investments of said savings institution, and its affiiirs and business generally. The books, papers and business of said savings institution shall be open aad subject to the examination of neh person or persons, and the trustees, officers and clerks thereof, or offio«n, uiy other person, may be examined on oath by such person or persons ; te'iSS- and the same court may confer such further powers on the person or '"^o*^ persons so appointed as they may consider necessary for the more ^^. ' thorough and perfect examination of the affairs and business of said corporation. The said person or pei*sons so appointed shall report the Beport to result of their investigations to the said court, which, if satisfied thereby ***® ®**"^- that any officer, trustee or servant of said cor{)oration has been guilty of Power of any fraud or misconduct, may remove such person or persons, and make geem^ iQch further order, and take such further measures for securing thei^nds, Ac. funds and property of said corporation as the said court shall deem Tdient 21. The misnomer of said corporation in any instrument shall not Misnomer vitiate or impair the same if it be sufficiently described to ascertain the yfj^. iatention of the parties. § 22. The«corporation hereby created shall be subject to the provi- General sons of the eighteenth chi^ter of the first part of the Bevised Statues, p^^®"* aud all other general laws affecting savings institutions, so far as the same are applicable ; and this act may be repealed or altered or amended at any time hereafter. § 3:;^ This act shall take effect immediately. Chap. 317. AN ACT to enable the common council of the city of Yonkera to construct a police station-house. Passed April 20, 1874 ; three-fifths being present The People of the State of New Torky represeTUed in Senate and Anemtiyy do efiact aafoUows: Sbctiok 1. The common council of the city of Yonkers aire author- Common iaed and empowered to sell the lands and buildings occupied as the S^^u headquarters of the police force of the city of Yonkers^ fronting on ^^^ Jhfk street and Warbnrton avenue, and known as lot number nine, ^'^' Jhok street, and lot number thirty*siz, Warburton avenue, on a map of the late village of Yonkers, datea August, one thousand eight bun- dled and sixty-four. Also the lands and buildinga belonging to the Mud city on Palisade avenue, and known as lot number eighteen, Pali- Mde avenue, on said map, and apply the proceeds of sale of said prop- ertv as hereinafter provided. i 2. The sale of said property shall be by public auction, except as s«ie to he bemn otherwise provided; but such auction sale shall not be had until ^*"<^^<^' $J4=0 LAWS OF NEW YORK. [Chap. 217. after a notice thereof shall have been previously published for six weeks in the official city newspapers in said city. Sale, how § 3. TlTe said property may be sold in whole or in part^ and in snch ""***• pai*cel8 as the common council shall direct. The common council shall Torms fix the teims of sale, and may receive a bond from (;he purchaser accom- rity.***^" panied by a mortgage upon the parcel sold to such purchaser to secure the payment of a portion of the purchase-money ; provided, however, Froviso. that the common council shall not take more than seventy per cent of the purchase-money upon bond and mortgage upon any one of the par- cels sold, nor shall any bond and mortgage, given under the provisions of this section, run for a longer period than ten years from the time of its date. Bonds § 4. It shall be lawful for the said common council to issue bonds Ssuedf upon the credit of the city of Yonkers, to be signed by the mayor and city clerk, and to be known and designated ** police station-house Amount bouds,'' to an amount equal to the principal of the purchase-money thereof, bond or the aggregate of the purchase-money bonds i*eceived by the Denomi- said conimon council pursuant to the preceding section. The police JJ^^^tg^f station-house bonds, in this section authorized to be issued, shall be of intereet. guch denomination as the common council shall determine, and shall bear interest at the same rate and shall become payable within two years after the purchase-money bond or bonds to be received by the Bonds to common council, as provided in the preceding section. The said com- verted! ™^^ council shall convert said police station-house bonds, in this sec- tion authorized to be issued, into money, at not less than their par Proceeds, value, and it shall expend the proceeds thereof, together with the cash expend-^ payments received by the city from the purchaser or purchasers of said od. property, in constructing a substantial police station-hmise, lock-up, lodging rooms and stables, suitable to the present and future needs of the ponce department of said city, upon the Manor hall grounds belong- Ontstand. ing to Said city. After the payment of the purchase-money bond or ing bonds, bonds to the Said city, it shall be the duty of the said common council to use the moneys thus* derived in the purchase of any outstanding bonds of said city, at par, and after their purchase, to cancel and destroy the same, snrpias, | 5. Should any surplus moneys remain after the completion of said «p^^.^ building, the saia common council shall expend it in the purchase of auy outstanding bonds of said city, or in the purchase of propei-ty for Tazto city purposes. In case there should not be sufficient moneys realized Scfenc'y. ^^"^^ *''^® ®*'® ^^ ^^^ property to pay for the construction of said build- ings, the common council shall have power to levy and assess a tax upon the taxable property of said city, to pay the deficiencv, which tax shall be collected in the same manner, and together wit£ the annual city taxes; provided, however, that such tax shall not exceed the sum of ten thousand dollars. AppraiB- § 6. The common council of said city shall have the power to appoint appoi^ three competent and reliable persons, residents of said city, who are «d. acquainted with the value of real estate therein, to appraise said prop- erty hereinbefore authorized to be sold, and it shall thereupon he. the duty of said persons so appointed as appraisers to appraise said property and the several pai*cels thereof, as the same may be divided by the com- mon council, at its full and just value, and cei'tify the Same to the oom- inon council. After the receipt of the certificate of said appraisers by the common council, it shall have the power to sell said property, or any one or more of the parcels thereof so appraised, at a price not less than 6aid appraised value, to any person who will take toe same upon the Chap. 218.] NINETY-SEVENTH SESSION. 341 temui prescribed by tbe common council. If, however, the said com- mon council shall be of the opinion that said property would sell at public anction for more than ifc is able to obtain by priyate sale, then it shall sell said property, or snch parcels thereof as may not have been sold at private sale, as provided in sections two and three. § 7. This act shall take effect immediately. Chap. 218. AN ACT to amend, revise and consolidate the laws in relation to the village of Seneca Falls, in the county of Seneca. Passed April 20, 1874; three-fifths being present The People of the State of New Torkj represented in Senate and Assembly y do enact aafcXlows : Section 1. The charter of the village of Seneca Falls is hereby amended so as to read as follows : TITLE I. Section 1. That district of country in the connty of Seneca, and vnia^ town of Seneca Falls, inelnded within the following bounds, to wit : Sj,™^*' Banning in the center of Ovid street, at the northwest corner of a fanm now own^ and occupied by Bering W. Edwards, and running thence easterlv along the north line of said farm to the west line of the high- waj which Ains north and south along the east side of said farm ; thence northerly along the west line of said nighway to a point opposite the northwest corner of a farm now owned and bccnpiea bv Mrs. Amanda Cross; thence easterly across said highway and along the north line of 6ud last mentioned lands, to the southeast comer of land formerly owned by James A. Easton and now owned by Lawrence Muldoon ; thence northerly in a direct line to the southeast corner of the Catholic cemetery ; thence northerly and along the east line of said cemetery to tiie northeast corner thereof; thence northerly in a direct line to the ftmtheast comer of a ferm now owned and occupied by Lyman F. Cro- well ; thence westerly and along the south line of said Crowell's farm to the northwest corner of a farm now owned by William J. Thayer; thence westerly in a direct line, to the northeast corner of a lot of land now owned ancl occupied by Laurette Sherman ; thence westerly along the north line of said Sherman's land, and on a direct Tine therewith, to the east line of the highway known as the " Black Brook road ;" thence southerly along the east line of said Black Brook road to a point directly east of the southeast comer of a farm now owned and occupied by Jacob Reamer; thence westerly across said road and along the south line of said Beamer^s farm to the northwest corner of lands owned by Jona- than E. Burroughs and contracted by him to be sold to the " Bnrrough's Farm Co-operatire Building Lot Association f thence southerly along the west line of said association's lands, and on a direct line therewith, to the center of the Seneca river ; thence easterly and along the center of said river to a point south of the southwest comer of a lot now owned and occupied by William Parrish ; thence southerly in a direct line to the northwest comer of land lately purchased by John A. Bum- sey and Henry Hoster of John Van Benssetaer ; thence southerly along the west line of said Bumsey and Hostei^s land to the southwest corner 242 LAWS OP NEW YORK. [Chap. 218. thereof ; thence in a direct line, Bontheasterly, to the northwest corner of a farm owned and occupied by Jacob Viele ; thence east or easterly along and on a line with tne north bounds of said Yiele's farm to the west line of Bridge street; thence southerly along the west line of Bridge street, and in a direct line therewith, to the center of Ovid street; and thence north or northerly along the center of Ovid sti-eet to the place of beginning; shall hereafter be known by the name of, and shall Corpo- be, '^The Village of Seneca Fails,'' and the inhabitants i*esiding therein name. "^hall be a corporation by the name of " The Village of Seneca Falls." §2. The said village shall be divided into four wards, as follows : Wards, The first ward shall be all that part of said village lying north of the anu***' center of the Seneca river and east of a line bounded" and described as boandsoc follows, to Wit: Commencing at a point in the center of the Seneca river, where the same would be intersected by a line drawn through the center of that part of State street which lies between Chapel sti*eet and the crosswalk m front of A. C. Qibbs^ livery barn, and running thence northerly in direct course, and through the center of that part of State street above described, to the center of Chapel street; thence westerly and along the center of Chapel street to the center of Mynderse street, and thence northerly along the center of Mynderse street, and on a direct course therewith, to the northerly bounds of said village. The second ward shall be all that part of said village Iving north of the center of the Seneca river and west of the line above described as form- ing the western boundary of the first ward. The third ward shall be all that part of said village lying south of the center of the Seneca river and west of the reservation line. The fourth ward shall be all that part of said village lying south of the center of the Seneca river and east of said reservation line. Trastees § 3. The board of trustees may, by a unanimous vote of all the trna- boondi^' tees, alter the boundaries of said wards from time to time^ as they may riedof deem the same to be necessary or proper. Such division and any altera* ^ ^' tion shall at once be published in a village newspaper, once a week for a time not less than four weeks in succession. Such division or altera- tion shall take effect immediately after the expiration of such four weeks of publication ; but said board of trustees, hereinafter provided for, shall Existing have no power to alter the number of said wards. The present board of ^d offl> trustees and other officers of said village shall, from and after this act ce» to ra- shall become a law, have all the powers and be subject to all the duties office till &8 provided by this act for like officers, until tlieir successors respective] v of Elrms^** shall be elected or appointed, and duly qualify as hereinafter providedf, and nothing herein contained shall be construed as in any manner afieoting or restricting the term of office of any of the officers of said village heretofore elected. TITLE 11. vnuge Section 1. The officers of the corporation shall be : offlwjw. i^ ^ president of the village, who shall hold office for two years. 2. Eight trustees, two of whom shall reside in each district, and who shall each hold office for two years. 3. A clerk, who shall hold office for two years. 4. A treasurer, who shall hold offioe for one year. 5. A police justice. 6. An attorney. 7. A street commissioner. 8. An assessor. Ciup. *18.] NINETY-SEVENTH SESSION. 248 9. Two or more police constables^ and as many extra police and night vttchmen as the board may appoint. 10. A sexton, fonr fire wardens, and such other appointiye ofBcers as ihall be aathorized by this act § i. The prefflden^ trustees, clerk and treasurer shall be elected, as Pnssident, hereinafter provided, by the people of the corporation qualified to vote J^ctod.***^ at the annual State election. The board of trustees shall appoint the other om- other officers mentioned in above section number one, and such other ap^gint!'^ officers as may be hereinafter provided for; and all and every of saideS. officers thus appointed may be renioved by said board of tmstees at their pleasure. Every officer, whether elected or appointed, must be, and at officer all times continue to be, a resident and elector of the village and dis- J^d^^lft.* trict for which he is chosen, otherwise his office is vacant, and the board of trustees canst so declare and provide for anew election or appoint* ment § 3. An election of officers of the corporation shall be held in each Eieotion, vird of said village on the second Tuesday in Januarv in each year, at b^e^houi? SQch place as the board of trustees shall appoint, of which six days' Notice pfe?ious notice shall be given, in writing, in two public places in each ^^'^o''- vard, by the clerk of the village. § i. The trustees of each ward shall be inspectors of election therein, inspec- Iq case of the absence of any trustee, an inspector of election may be ^^tion. appointed to fill his place, by the president of the village. The trustee chair- . last elected, or the person appointed to fill his place, shall be chairman ™*'^- of the board, and the two mspectors, with the president of the village, in case the inspectors shall not agree, shall appoint a clerk of such cierk. election. They shall have the same powers and duties as belong to such officers at town elections. § 5. The polls shall be opened at nine o'clock in the forenoon, and Polls, be kept open until four o'clock in the afternoon of the day iq^pointed JJ*jJ^* *^* for the election. The ballots received from the several electors shall be open, deposited in boxes provided for that purpose, and those indorsed ^ Ward " shall be kept separate and apart trom those indorsed ^ Village," Ballots, bat BO ballot found in the right box shall be rejected for want of a proper indorsement. §6. A statement of the result of the canvass shall be made andResmtto certified by the inspectors of each ward, and deposited with the clerk tl^^^^ of the village, on the same day of, or the next day after, the election. The clerk shall present such statements to the board of trustees at Next their next meeting, which shall be on the day succeeding the canvass. ™as^.^' The board of trustees shall thereupon declare what persons have been Bourd of elected to offioe, and cause such persons and each of them to be notified dec^^ro ^ of their election. All such persons shall hold their offices as hei^in- resnit. before provided and until others shall be elected and take the oath of office. ^ 7. Every officer of this village, whether elected or appointed, shall, official ore entering upon the discharge of the duties of his office, take and ^^^' file with the clerk of the village the oath of office prescribed by the Constitution. J 8. The treasurer, police justice, street commissioner and such other official officers as may be required by the board of trustees shall, severally, *'**'*^- before they or either ol' them enter npon the di8char|gi:e of the duties of their respective offices, execute and file with the viUage clerk, a bond to the village of Seneca Falls (approved by the board of trustees), with tvo or more sureties (who shall each justify in the usual form to double the amount of the bond), in such sums as the boai'd of trustees or a bJ LAWS OP NEW YORK. [Chap. 218. majority thereof sball in writing thereon approve, conditionecl that he or they will faithfully execute and discharge each and eyer^ of the duties of his or their office, and will, on demand of the president of the village or board of trustees, duly acconnt for and pay over all moneys received by him or them, and will deliver np all tools, utensils and property and books and accounts of every name and kind belong- ing to said village that may in any way come into his or their hands on Penalty accouut of his or their official capacity, and no such officer shall be siTing^ entitled to any salary, pay or fees until he shall have given and filed bond. gaid bond as herein inquired. Faiinre to § 9. If any officer of this village, either elected or appointed, shall ^foath, neglect or fail to take and file the constitutional oath of offiee as here- or toex^ inSefore I'equired, within ten days after he shall be personally notified vacltes' by the clerk of his election or appointment; or if any offieer, who by office. this charter, or by the boai*d of trustees as herein provided, shall be reauired to execute and file a bond, shall fail to make and file his bond, duly approved as by this charter required, within thirty days after such personal notice, in either case the said officer thus failing to file such oath, or make and file^his bond, shall be deemed to have declined the office, and his place shall be filled as in case of a vacancj. Tacan § 10. All Vacancies in any village office, except elective offices, miay Sltoi.****^ be tilled by appointment, as herein provided, by the boaixl of trustees. If any vacancy occur in any elective office other th{in president or tras- tees, the board of trustees may, by appointment, fill the same until the next annual village election, and if the time of office of such vacancy shall not then end, there shall be elected at snch election some person to fill the balance of such vacancy, to be so designated on the ballot Appoint § 11. All appointments or nominations by the board of trustees shall So"febe be duly entered in the i-ecoi-ds of said village. A certificate of such •nier^ in appointment or election, duly signed b]^ the clerk and sealed with the corporate seal, shall be prima facie evidence of such appointment or Certificate election in all courts or elsewhere in this State. The village clerk shall in^conoty ^^ or causc to be filed in the county clerk's office of Seneca county a offic^ " certificate of all appointments of police constables and police justice, and also a certificate of the removal of any of them, whenever any are removed from office. TITLE III. Board of Sbctiok 1. The board of trustees of said village shall consist of the ^ovcon. pi^sident and eight trustees, who shall each take the oath of office, Btitafeed. before any person authorized to administer oaths within said village, and shall, upon filing such oath with the village clerk, enter u{>on the stated discharge of their duties. The trustees shall hold stated meetings at jneetingB. ]g^|. ^^^ j^ ^^^ month, and as often as the business of the corporation may require. The president shall preside at all meetings of the board Tie vote, of trustees, and shall give the casting vote whenever there shall be a tie Chairman in the vote of the trustees. At their second meeting, in each year, tJbe to^eeiec- trustees shall elect one of their number to be chairman of the board of Hispow- trustees of said village for the ensuing year, who, in case of the absence ^"' of the president of the village, or in his inability to act, shall during his absence or inability, exercise all the powers and duties of the president President of the village, and shall be entitled to vote on all questions. In the pro tcm. 2kb8ence of the president of the village and of the chairman of the boaixl, the trustees may elect one of their number to preside pro tem», who shall also be entitled to vote on all questions. No ordinanoe or resolution of said village shall take effect unless approved in writing by the president Gup. 218.J NINETY-SEVENTH SESSION. 24=5 of the village, nnlees, on the ayes and noes being called after the refa- veto, n] of the president to approve the same, six trustees shall vote in its &Tor. Special meetings of the board of trustees may be called by the Special presideiit of the village, or by the trustees of any waitl, on notice to the '"^^^'^"S'- president and each of the other trustees. One trustee from each ward, Basineas with the president, or six trustees, shall constitute a quorum to do bnsi- *i°^^™- ness. All snch meetings, both stated and special, shall be held at such Meetings plaoe as the board of trustees shall, by by-law, appoint, and shall at all [j^c^ex^"^' times be public and open to any taxable inhabitant of this corporation, ccpt,ftc. except at such times as the board may have under consideration the appointment, nomination or removal of any village officer or member of the fire deiiartmeut subject to removal by said board, and at such times it may ^xcl^de every person but the clerk from its session. § 2. The said board of trustees shall have the management and con- BoarUof trol of the finances and all the property, real and pei-sonal, belonging t^h^v? to the said corporation, subject to the provisions and restrictions of this control of •et; and shall examine, settle and audit all accounts against the vil- ^c^^^^' h^ or its officers, or othei*s. They are authorized within the limits of Mid village : 1. To prevent vice and immorality ; to suppress disorderly assem- Enamera. blages; to preserve peace and good order; to establish and maintain a po\rcraor competent police; to apprehend and punish idlei% vagi'ants and im- uoani of posters; to protect the citizens and their property, and to promote the ^™**®®"' welfare of the corporation, and to erect and maintain a village prison viiinge for the temporary detention of all persons charged with the commission p^'^"- of any crime, misdemeanor or offense against the laws of the State or the ordinances of the village; or who shall be held by i*eason of the jndffment of any court for the non-payment of any fine imposed for any misdemeanor committed or for any penalty incurred within said village ; and all snch fines and penalties shall be paid into the village treasury Fines, for the support of said prison and village police ; and said village prison shall be kept in a comfortable and healtny condition ; said villa^ prison shall be erected and maintained solely at the expense of said village and corporation. The pi-esident of the village, for cause shown, may order Presideni the discharge of any person confined in said village pHson, under any ™harge^' ordinance or by reason of any fine or judgment in favor of said village ; A-om and he shall have power to remit or compromise any such judgment, all ^son. costs and expenses incniTed being paid. 2. To appoint, select or nominate all officers or employees of this vil- lage not made elective by this act To fix and determine the salary, sainrioe, pay or feee of all officers or employees of this village not otherwise pro- ^^' vided for by this act Every menaber of the said board who shall be in Pay of attendance daring a regular monthly meeting thereof shall be entitled *"***««• to one dollar; and every trustee or other prson who shall officiate as insnector, at any election anthorized by this act, shall be allowed two dollars for snoh service. The president or any trustee may be paid such additional sum for actnal services performea as the board of trustees ahall aadit, not exceeding one dollar and fifty cents per day actually (not eonstrnotively) spent by him in the necessary business of said cor- poration, ptx>vided said additional allowance so audited be senarately Proviso, sabmitted to the proper village or ward tax meeting after such audit, and a tax to pay snch audit shall be voted. 3. To restrain and suppress disorderly and gaming houses, all instru- Gnmiog, ments and devices usi^ for gaming, and to prohibit all gaming and ^^' feaadaleBt devices within the said village. Q4:6 LAWS OF NEW YORK- [Chap. 218. Beffiii*- 4. To regulate and fix the hours of closing saloons, shops and places Baiooiis, ^^ which intoxicating liouors are sold ; and to regulate and determine Ac. ' the places of bathin? in the river, canal or ponds within said villa^. BbowB, 5. To restrain and regulafce all exhibitions of any natural or artificial ^ curiosities, caravan of animals, theatrical and other shows and exhibi- tions, circuses or other performances for money, and authorize the same^ on such terms as the board of trustees shall deem expedient HooMBof 6. To repress and restrain houses of ill-fame, billiard tables, bowling m^fiune, alleys and pistol galleries. Said board of trustees shfdl hav^e power to TSoisy and appi^hcud, or cause to be apprehended, all noisy and vicious boys and plrMDs, P^i'sons at all public assemblies and meetings, at any public halls or Ac., may places iu Said village and to preserve good oi*der and decorum, and to ^arrest- pi^g^^Qi; ^\\ Iq^xA^ obsceue or vulgar language at such places, and to arrest^ or cause to be ari'ested, all persons and boys guilty of such con* duct Any persons committing any such offenses are hereby declared disorderly persons within the meaning of this act Knis. 7. To provide for the abatement of nuisances. To compel the owners Alices. ^^r occupants of any grocery, tallow chandler shop, soap factoiy, tanning stall, privy or sewer, or other unwholesome or nauseous house or thing, or place, to cleanse, remove or abate the same, from time to time, as often as in the opinion of the board of trustees the same may be neces* sary for the health and comfort and convenience of the inhabitants of the said village ; and said trustees shall have full power to enter upon the premises upon which a nuisance is situated, and cause the same to be removed, and cause the expenses thei'eof to be assessed upon and coU lected from the premises on which the same is situated, and may also enforce the penalty imposed by the ordinance of said village for erectine or maintaining such nuisance; but all such determinations shaU require a concurring vote of two^thirds of all the trustees of said village, sianffhter 8. To direct the location of all slaughter-houses, markets, and houses ooBos. f^^ storing gunpowder, or any combustible substance, and to regulate Ganpow- the keeping and conveying of gunpowder and other dangerous UghtB. materials, and the use of candles and lights iu barns, stables and other buildings. Fire- 9. To prohibit and regulate the exhibition of fireworks, the storing works, ^.^^^ sale of gunpowder, and the discharge of firearms withiu said village. Dnina. 10. To provide for the proper dittinage of said village, and to that end to erect, maintain or repair all necessary drains in the streets or public grounds of said village, and to regulate and direct, by by-law or resolution, the mode, manner and time in which all private drains, when laid in any public street, shall be made, maintainea or repaired, and, in case of neglect or refusal to make, maintain or repair any private drain as directed, to enforce the same by fine, by doing the work or otherwise. Hone- 11. To prevent horse racing and immoderate driving in the streets of ^£^4^ sud village, and to authorize the stopping of any one who shall be ^- guilty of immoderate riding or driving in said streets, by anv person ; and to prevent the flying of kites, rolling hoops, plajin^ at ball, sliding down hill on sleds, or any other amusements practiced, having a ten*- dency to endanger or annoy persons passing on the streets or sidewalks, or to frighten teams or horses in said village. incnm- 12. To prevent the incumbering or stoppage of the streets, squares, atraetl, sidewalks, crosswalks, lanes and alleys with railroad cars, teams, oar- ^- riAgos, carts, sleighs, sleds, wheelbarrows, boxes, lumber, timber, firewood. Carte and coal or any other substance or material whatsoever; and to prohibit "^ restrain and regulate, by license, the running of carts and hacks, or Qup.glS,] NINETY-SEVENTH SESSION. ^4=7 other vehicles, for transportiDg paasengers or freight, within said village, and to fix the rates of fare and cartage to be charged by team- ^*^^( iters, cartmen and stage or hack drivers doing business in said village, cana^. 13. To prevent or regulate the erection or construction of any pro- ppcjooUoii jectioD from or in front of any building, in or upon any of the streets StmtB, or sidewalks in said village, and cause the ,same to be removed at the ^^ expense of the owner or occupant of the premises* 14 To prohibit any person from bringing and depositing within the Bemovai limit of said village any dead carcass or other unwholesome or offensive give^nbl sabstauce, and to require the removal or destruction, by any person stances, who shall leave in or upon his premises, any such substances, or any putrid meats, fish, hides or skins of any kind, and on his default, the removal or destruction thereof by some officer of the village; the ex- Cense thereof to be paid by the person or persons violating any such pro* ibition, or refnstns; or neglecting to make such removal or destruction. 15. To require the removal from said village of all persons having Persons infectious or pestilential diseases, and to auUiorize and require any ^t|^^^' officer of said village to remove such persons; provided that a suitable (Useases. sod proper place shall have been provided for their reception. 16. To direct the keeping and returning of bills of mortality. Soltaiity. 17. To appoint not exceeding four residents of said village health Board of commissioners, who, with the president as a member and presiding *»«»i*h. officer, shall constitute a board of health of said village, and said beam its powers of health shall have all the powers and be subject to all the duties of {|^^°' ''An act for the preservation of ptiblic health," passed April tenth, eighteen hundred and fifty, in adaition to the powers which are con- ferred or may be authorized by this act. 18. To take such measures as they shall deem effectual to prevent the Prsten. entrance of any pestilential or infectious disease in the village. ei^!*^*'''" 19. To regulate and determine the time and place of lutthing and Bathing iwimming in the waters of said village. SSn^ 20. To restrain horses, cattle, sheep, swine and ^eese from going at Restraint IsTge in said village, under a penalty not exceeding five dollars for^J?/" erer? such animal found so gomg at large in violation of the by-laws ofmd village. 21. To require all persons owning or occupying property in said Removal Tillage, and the owners of unoccupied property therein, to remove all 2nd°dirt mow and dirt from the sidewalks in front of the premises so owned or from side- occupied by them, and to keep the same clean and firee therefrom, and ^**^' in case of neglect or refusal on the part of such owner or occupant, to lemove the same at his expense and impose and collect such penalty as shall be provided by any ordinance of said corporation for such neglect or refngal. 22. To i*egulate the ringing of bells, and the crying of goods, wares Ringingof «nd merchandise, or other commodity in the said village. bou«, Ac. 23. To prohibit, resti*ain and regulate all gift enterprises, or sales of Prohibi- goods founded upon or connected with any ^ift, lotterjr or chance in iot?erie8, feud village, and to restrain and regulate auctioneering in said village, ^o* snd prohibit and regulate the hawlcing, peddling, auctioneering or sale AQotion- of property in the streets, alleys, lanes or public parks of said village. Vo.^^' 24 To 'make regulations for taxing and confining dogs in said Dogs. Ullage, and to authorize the destruction of the same when found run- itiag at large. 25. To establish, regulate, make and guard pubho reservoirs, pumps PnbUo re. and wells, and to provide for supplying the village with water by means 3b!J7"*^ of pipes, and to make regulations in regard to the use of the same. 348 liAWS OF NEW YORK. [Chap. 218. Sealers. 26. To appoint One or more sealers of weights and measures. Mariceto, 27, To proYide for keeping and regulating hay scales, and to estab* ^* lish, order and regulate markets, and to regmate the vending of wood, meats, vegetables, hay, fruit, fish and provisions of all kinds. Lock-ap, 28. To erect, maintain and repair all engine-houses, lock-up, jail, pnbifc^^'^ town-house or other public buildings necessary for the corporation ; to bnUdings. aid in the ei-ection of any public building which it shall be necessary to occupy in part or wholly for the business of said village or ifcs officers^ Loasinsr or to lease any buildings or premises for the same purposes ; but no fn^ ' work shall be entered upon, or contract entered into, until the money to pay for the same is voted therefor by the villag:e, at a tax meetings AU work as liereinafter pi*ovided ; and all work, except repairing, shall be done taract.*^ by contract, to be publicly advertised and let to the lowest responsible bidder giving gooa security for the faithful performance of said work. Opening, 29. To Open, improve, regulate, repair and control all streets and streeta. highways in said village. To establish, regulate and maintain public Parks. parks in said village, and to make necessary rules for the mode or man- ner of use or occupation, preservation, protection or adornment of said Shade- Streets or public parks, and to that end to plant, cultivate, protect, trim *"*•• and preserve shiide trees in said village. Lightinflr 30. To provide for lighting the streets of the village, and the pro- or streets. ^(5^^101^ ^nd Safety of the public lamps, and to prevent the same from being lighted or extinguished by persons not duly authorized by said trustees to light or extinguish the same; and to that end to appoint one or more lamp-li^hters for said village. Powers 31. To prescribe the powers and duties of the treasurer, clerk (except commis^^ as the same is prescribed and fixed in this act), street commissioner, sioners, pound-master, firewardens and all ofiicers appointed by the board of trustees. Fire da- 32. To organize and establish a fire department (either paid or pttnmeat. jj^paid) j to Qivide the Same into divisions or companies; to determine the number of members of each and all of said companies or divisions and their duties and powers respectively; to determine as to the officers of said divisionsor companies, and their duties and powers respectively ; to choose or select all members of said fire department or provide K>r their choice or selection ; to appoint or provide for the choice of all officer of said fire department or any of the divisions or companies ^en- thereof; to direct or designate what engine, either steamer or hand, Suatii^ or what apparatus, either hose, ladders, nooks, buckets or any other, '^- each of said divisions or conipanies, or each of said officers of said fire department or companies, or each of the members or any designated number of them, shall respectively take possession of, use, and be responsible for; and how they or either of them shall respectively take possession of or use the same, and to what extent they or either of Control of them shall be responsible for the same; to take exclusive possession of^ S^, now control, manage and repair all engines, hose, ladders, hooks, buckets vuiaSw^^ or other implements or accoutrements now owned or controlled by the said village of Seneca Falls or the trustees thereof, and to purchase TwohMae any other engine (steamer or hand), hose, horses, harness, ladders, panvtasP" hooks, buckets or other implements, accoutrements or material neces- sary for the proper and efllcient operation of said fire department, or Payofoffi- any company, division, officer or member thereof; to determine the pay eers, «o. /-^ ^^^^ ^^^ mode of payment of all officers and members of said fire DtsmiBMi department ; to remove or dismiss any members or officers of said fire ofmem- department at their pleasure, or to provide how and in what manner and for what cause any officer or member of said fire department may Chap. 218.] NINETY-SEVENTH SESSION. 349 be remoTed or dismissed ; to provide by by-law what penalty or fine Penaiaes iny oflBiceror member of the fire department may forfeit or be sub-*"^^*' jected to for any violation of any of the rules or regulations of said board of trustees, or for any disobedience, refusal or neglect to obey the orders of any member of said board of trustees, or of any superior in said fire department ; and generally to make such fire laws, rules, Fire lawa. legaktions or ordinances relating to said fire department, and the rights and duties of the same, or any of the officers or members thereof, and relative to the duties of all persons or citizens during fires in said village, as they may deem best, and to enforce the same by suitable and proper penalties ; and to do or cause to be done, any and everything Oenerai necessary and proper to protect the property in said village from injury p^^®"- or destruction by fire; provided, always, all such by-laws, rules and Proviso, legalations are not inconsistent with or contrary to the Constitution or laws of this St^te or of the United States. But the said board of Money trostees shall enter into no contract, nor make any purchase, unless the ^^. money to pay therefor has been legally voted at a village tax meeting. 33. To protect property, both real and personal, of individuals at times Protec- of fir^ and to appoint guards for the protectiou of the same, and to p^p^^y. prescribe their powers, duties and compensation. ac. 3i To authorize the fire wardens, at reasonable times, to enter and Exa'^ina- examine all houses, stores, yards and outbuildings, to ascertain if they honses, are in a dangerous state in regard to fires, and direct and compel the Ac- owner or^ccapant to put the same in a safe condition and, in default, to appoint any person to do the same at the expense of such owner or occapaut 35. To regulate and control the use of all engine-houses, rooms and Eoffttio buildings owned or occupied by said village of Seneca Falls, and cause ^?^^' such of them and the property therein l^longing to said viUage to be tusxa- insnred as they shall deem oest ^^^' 36. To establish, maintain, lay out, cultivate, adorn and take care of a Cemetery, cemetery, and to regulate the burial of the dead therein, within or near by this corporation, or to aid others in establishing and maintaining such cemetery ; provided this corporation shall own and have the benefit of ProWao. a plot or portion of such cemetery, and to take care of, cultivate and adorn, and regulate the burial of the dead in all cemeteries now owned or controlled oy this corporation, and, for such purposes, to plant and Trees aud cultiTate trees or shrubs, and to lay out, make and keep in repair roads ®^™*»- and walks through the same, and to appoint a sexton to take charge of the same. 37. To purchase, hold, sell, convey and agree to purchase and convey Purchase, real estate whenever necessary or expedient for the accomplishment or * aj °' execution of any of the purposes, or powers or duties mentioned in estate, this act 38. To cause the sidewalks, on the atreets and highways in s&i^ ^^^ rillaj^ to be leveled, .raised, planked, graded, pavea, flagged and^^ng, repaired, and ornamented with trees, by and at the expense of the Vl7^^^* owners or occupants of the lands and premises benefited thereby; and, if not done by such owners or occupants in the maimer, and of the material and kind, and within the time prescribed by the board of trus- tees, the said board of trustees may make such improvements and repairs And assess and collect the expense thereof, upon such owners or occu- pants, in the manner hereinafter in this act provided. 39. To provide by by-law when, how and m what manner any gas or Gaaorwa- aSO LAWS OF NEW YORK. [Chap. 218. son or corporation not now authorized by law to do the same^ may disturb, dig up, or in any way interfere with the streets of said village Layingof or any portion of the materials or soil thereof. And when, how, and m SiSSi what manner and on what conditions, except as now permitted by law, Ac. * they may lay pipes, drains^ or any other thing or material on or under the surface of any of said streets or public grounds of said village ; and to prohibit any interference with said streets or public grounds of said village, or the laying of any pipes or drains, or other material or thing, on or under the surface of said streets or public grounds, except author- ized by law as aforesaid, unless in accordance with said by-laws thus made, and to enforce by proper penalty any violation or attempt to violate said by-laws. General 40. To make such other general brdinances, by-laws and regulations, c«j!ftc! ^^^ repugnant to the general laws of the State, as they shall deem expedient for the good government of the village. • ordinan- 41. Por the puiT)oses aforesaid, or any of them, or of executing any ^», roles, other powers conferred upon them by this act, to make, establish ana publisn, modify, amend, and repeal ordinances, rules and regulations PenaitieB. and by-laws ; to prescribe such penalties and fines as they may deem proper for the violation of them, not exceeding fifty dollars for any one offense, except as herein otherwise provided, and to collect the same of any persons, guilty of such violation, in any court having jurisdiction of such cases ; or, m case any person or corporation refuse or neglect to do any act or work as thereunto required, to do or procure tne same to be done, and collect the cost and expense of the same as a fine or penalty, or as a tax, or as both, in the same manner as any other fine or Ordinan- penalty, or any tax, is provided to be collected by this act ; but all such ufJs**^., riJ^GS, ordinances, regulations and by-laws shall be published, once in pubii^. ' each week for two weeks successively, in one or more newspapers pub- ^^^ lished in said village, before they shall take effect Police jofl- 42. To regulate and prescribe the days and times of days when the offloe. police justice's office shall be open for the transaction of business. Penalties § 3. All proceedings or actions to recover or enforce any penalty or luuira^' forfeiture incurred under this act, or the ordinances, by-laws, rules, orders in what or regulations made by authority or in pursuance thereof, may be had tor^.®'*' and taken before the police justice of this village, or before or by any court of civil jurisdiction, in accordance with the rules thereof, within PoUce Ins- this State ; and the said police justice or court shall have jurisdiction ^^rlidic. to hear, try and determine the same, and render judgment therein, and <*<>»• in such actions or proceedings brought befoi-e the police justice of this First pro- village, the first process may be by warrant, and, on judgment being ®*"- recovered for any such penalty, execution shall issue against the person of the defendant as well as against his property, in the same manner as Certificate in actions for torts. In any such action or proceeding, the certificate of eridence. ^^^ clerk of Said village of Seneca Falls, under the corporate seal of said village, setting forth any snch ordinance, by-law, rule or regulation, and certitying the adoption of the same, and the date of such adoption by the board of trustees of said village, and the fact of the publication thereof shall be presumptive evidence of the existence and aue passage or adoption and approval of any such ordinance, by-law, rule or regu- lation, and of the due publication thereof, according to the requirements of this act TITLE IV, President, SECTION 1. The president shall hold his oflBce for two years. It shall *'^'®™'®' be his duty to preside, when present, at all meetings of the board of Chap. 218.] NINETY-SEVENTH SESSION. 251 trustees ; to see that this charter and all the by-laws and ordinances are office and strictly enforced and the fines imposed thereby promptly collected ; to **°^®8- see that all ofiScers of. this village perform all their duties, and to pre- serve order; and to that end he shall be chief of police^ and the police constables and all extra policemen or night watchmen shall be subject to and obey all his orders and directions. § 2. The clerk shall hold his office for two years. It shall be his duty cierk, his to attend all meetings of the people on the business of the corporation ; office tmd to attend all meetings of the board of trustees ; to record all tneir pro- daties. oeedings, and, in case of appointment or nomination of any officer, to record such appointment. He shall also record all bonds of officers of the Tillage, at len^h, including the justification and approval indorsed thereon. He shaU also enter at length all resolutions and ordinances adopted by said board, and all I'esolutions, ordinances and by-laws, when duly entered by said clerk, shall take effect and be considered as duly approred by the president It shall also be his duty to keep all books, Books, deeds, records and writings belonging to the corporation, and deliver ^®®^»***- the same to his successor, on demand, and to perform any other duties that the board of trustees may by by-law or otherwise require. § 3. The treasurer, before entering upon his official duties, shall exe- Trcnsn- cute a bond to the corporation in such reasonable sum, and with such ^alM sureties as shall be approved by the trustees, conditioned that he will bond. &ithfally perform the duties of his office, and account for and pay over according to law all moneys belonging to the corporation that shall oome into his hands. He shall receive all moneys directed to be paid Hisdnties. into the treasury and shall pay out the same from the proper fund on the warrant or order of the presiding officer of the board of trustees, countersigned by the clerk. At each monthly meeting he shall exhibit an account showing the state of the treasuiy, and the several sums of money received and paid out by him during the preceding month ; he shall deliver to his successor in office, on receiving five days' notice to that effect, all moneys, books, vouchers and papers appertaining to his offioe. If the treasurer elect shall neglect or refuse to give the bond xe^iectto required by this section, within five days after written notice to do so, ficatS**** his office shall be deemed vacant. office. § 4. The street commissioner shall hold his office during the pleas- street ,nre of the board of trustees. His salary or pay shall be fixed by the S^nerj^is board of trustees. It shall be his duty to see that the streets and public e«Ury W parks of the village are kept in good repair and free of all obstructions ; " ^' that all ordinances and by-laws with regard to the streets and public parks are duly enforced and obeyed. Subject to the directions of the board of trustees, he shall superintend and see that all work upon the streets of this village is properly done, and that all employees working upon such streets do their duty ; and he shall perform sucn other duties as the board of trustees may direct. § 5. The assessor shall make out and deliver to the board of trustees Assessor, Talaations of estates, real and personal, assessments and assessment rolls, '^»«>^**««* with apportionment of taxes annexed thereto, whenever he shall be requir^ by the trustees to do so, and as herein provided ; and, in making such assessment, he shall be guided by the same principles of valuation as are prescribed by law for town assessors. § 6. The fire wardens, sexton, attorney, wood inspector and all other Fire war- officers sliaU perfonn such duties as sh^ll be required of them by the ^^^' *®* board of trustees, or by the by-laws of this corporation. Their salary, Salary. Cy or feesy and the mode of payment and collection of the same, shall fixed by the board of trustees. 353 LAWS OF NEW YORK. [Chap. 218. Officers § 7. All oflScers of the fire department shall be chosen- by the board pnrtment, ^^ trustees, or in such manner as they may by by-law direct Their now term of office shall be at the pleasure of the board of trustees, or for ^"°' such term as they may by by-law prescribe. There shall be a chief . en^neer of the fire department and one or more assistants, a fireman and enj^ineer for each steam fire««ngine company, a foreman for each other fire or hook and ladder company, and such additional or other Board of ofiScers as the by-laws shall prescribe. The board of trustees shall detl^mine determine whether the officers or members of the fire department shall whether be paid or not, and if paid, what amount and how they shall be paid; be^piSd. but all proposed expenses of the fire department must be submitted to and Yoted upon at the village tax meeting. Terms of § 8. All officers of this corporation shall hold their offices, respec- oflice. tively, unless sooner removed or disqualified, until their successors are Appoint- chosen and duly qualify. The board of trustees shall have power to ive offices, ^lake all necessary appointments, to fill any and all appointive offices provided for by this act, immediately after the same becomes a law ; and the person or persons so appointed shall each, respectively, discharge the duties of such office or ofiices until such time as the trustees shall by by-law fix for the annual appointment of officers, and until their Board of successors shall be appointed and qualify. The Jboard of trustees shall ?x time in ^7 by-law fix a time in each year for the appointment or election of all each year officers to be by them appointed or elected under this act Any and all po^in?' person or persons appointed or elected as officers of said village b^ the of^offlcen' "^*^ ^^ trustees as herein provided, shall, except as above provided, ' hold office for the term of one year and until his or their successors are respectively elected or appointed and duly qualified to act, subject at all times to removal by the board of trustees as by this act provided. FaUore Should said trustees, for any reason, fail or omit to make the annual c^ e£ct!°^ appointment or jelection of officers to be by them made, on the day fixed therefor, the same may in that case, be done at any subsequent meeting of the board of trustees. Powers of § 9. The president of said village, the trustees and police constablesy fl^^" ^ special police, chief engineer of the fire department and his assistants, and each of them, shall have power to keep away from the vicinity of May com. any fire all idle and suspicious persons, and to compel all persons to aid ^aid."^*^ in the extinguishment of fires and the preservation of property exposed^ Penalty to damage thereat ; and any person or persons who shall disobey the bedience. reasonable order of said officers, or either of them, shall forfeit, for the use of the village, ten dollars for each ofiense, to be recovered as other pehalties imposed by this act, and such person or persons shall be deemed disorderly persons within the meaning of this act, and shall be liable to be dealt with accordingly. Term of § 10. Every officer appointed by the board of trustees shall enter upon when to ^^6 discharge of his duties, and his term of office shall commence, on com. the Monday next after the date of his appointment, and he shall receive menoe. ^ proper warrant or commission under the village seal, duly signed by the clerk. TITLE V. A jngUce Section 1. The board of trustees shall ai>point one of the justices of peace and the peace of the town of Seneca Falls, residing within the corporate co°^^^i® limits of said village, police Justice thereof, and shall also appoint two town^o or more police constables. Such police justice and constables shidl hold B0in& to tli®^^ offices respectively for the term of one year, or for such shorter ■erreas term as the board may fix at the time of any such appointment; bat Chap. 218.] NINETY-SEVENTH SESSION. 368 the board of tmstees shall have power to remoye either or all each joBttoeAnd officers at any timey and to fill any vacancy which, by reason of death, So^bie. lemoval, resignation or otherwise, occurs at any time thereafter. § t Such police justice shall hare exclusive jurisdiction, except as Jortsdie. herein provided, in all criminal matters arising under the charter, by- hm jw-*^ hw8 or ordinances of said village, in addition to his powers, authority tiee. and jurisdiction as a justice of the peace of said town. He shall have Proceed- power, in cases of persons brought Wore him charged with being dis* JjJSe or orderiy persons, within the meaning of this act, to proceed summarily, diBorderiy md without a jury to try such persons, and hear and determine the i'^"^'^- charges alleged against them. He shall, in all things relating to the Mode of mode and manner of procedure in his court, or in the arraignment or S^f^^' trial or examination of parties accused, be governed by the same laws and rales as justices of the peace or courts of special sessions. In case Disorder- my person shall be found guilty of any such acts or offenses as consti- ifovr^pon.' tnte him a disorderly person, within the meaning of this act, the police i^bed. JQstice shall impose upon him a fine not exceeding fifty dollars, and to itaod committed as in other cases as by this charter provided ; or the police justice may punish by imprisonment in the common jail of the ooantv of Seneca for a term not exceeding one hundred days, or both Bach tine and imprisonment § 3. The police justice shall keep a full and correct record of all pro- Police jiu- oeedings before him as such police justice, in which shall be entered all feepa judgments he may render, all fines imposed, and whether collected, and record, if 80, when and how, and all proceedings of eveir kind had before him tssach ofiSoer. He shall collect and receive all costs, fees, fines and To receive allowances and penalties as by this act provided, and that may be ^^^^ ^^ imposed or received by him to enforce this charter or any by-law or ordinance of said village, and his costs shall be the same as the costs HiieoatB. and fees of a justice of the peace of the town, or a court of special ses- sions, for similar services, and the costs and fees to be charged and allowed in his court shall be the same as charged and allowed in said ooarts. On or before the tenth day of each month the police justice To make shall make and return to the clerk of this village, in such form as the {fj^^t of board of trustees shall presciibe, a sworn tabular statement of all such ft<». Ae., fees, fines and allowances and penalties imposed or received by him, ^^^^ ^' .either directly or indirectly, during the last month preceding, and with Beoeipt. it the receipt of the treasurer of this village showing that he has paid into the village treasury the amount of all such fees, fines, penalties and allovancea (less the amount of his taxable costs and fees and the costs and fees of any constable who may be entitled to the same in any case), as shown by such statement, for the benefit of the village ; and any Caase of omission to render such statement and pay over such fines, penalties '^™^^^* and allowances, or anv part thereof, on or before the twentieth day of each month, or any false statement, or any omission to set out, in such statement, any portion of such fines, penalties, costs, fees or allowances received by him, shall be sufi&cient cause for removal of said police jnstice from office, and it shall be the duty of the board, in case such omissions or false statements or any of them are intentional, to forth- with remove such police justice from office. § 4. The police jnstice shall, in all cases where practicable and law- PoUoejae- fnl, collect and receive his costs and fees with and as a part of his judff^ oouo^t ment, in addition to any fine, forfeiture or penalty in each case, accord- coete. Ac, ing to the existing provisions of law and as herein provided. He may ySJt^^. alao, once in six months, make out an account of all criminal matters snd proceedings, such account to extend over a period of six months^ 364 LAWS OF NEW YORK. [Chap. 218. or if six months shall not elapse from the date of his last account or his appointment to the close of his term, then for sach shorter time, which were instituted and had for their object exclusively, the enforcement of Aoconnt the charter and by-laws of this village, and which are not such as could a*town or* ^ made town or county charges according to the existing provisions of coanty law, and in which he snail not have received any fines, penalties, fees, obarge. ^g^ ^^ charges or compensation whatever, and shall present such Trnsteos account, duly verified, to the board of trustees of said village, who shall tmd^pay. A^dit and pay such bill, or so much thereof as said board shall deem ProTiflo. proper and allowable ; provided, however, no such bill shall be andited or paid unless the same shall be presented within one year from the time that the services and each of them therein stated were rendered, Amonnt and the amount to be paid to said police justice on said account or bill to be paid, gjj^j^ j^q^.^ ^^ ^jjy time, exceed the amount or sums of money which were paid by him to the village treasurer during the six months, or the time covered by his said account for fines and penalties imposed and collec- ted by him, exclusive of all receipts and payments in civil cases or pro- ceedings, and after deducting all costs and fees of town constables and '^ acting police justices," which are a charge against said village for ser- vices, in and for such police court, during said same six months, or period of time covered oy said account. All fines, penalties and judg- ments collected by any •^acting police justice," in criminal matters or proceedings, and paid to the treasurer of said village, shall be consid- ered, for the purposes of this section, as though paid to such treasurer by said police justice. In cMo of § 5. In case of the temporary absence or inability of said police justice jg^senoe, ^q ^cJj qj. perform the duties of his office, the same'^may be performed by TwUcejns- any other justice of the peace of said town of Seneca Falls residing jostice'^of within said corporation, who shall, in acting as such police justice, have the peace all the powers and jurisdiction and be subject to all the duties and town^may requirements which are vested in and imposed upon such police justice Sb^pow^ by this act, and who shall render a like account and be entitled to the era. same fees, to be obtained in the same manner as said police justice. PoUcojas. § 6. It shall be the duty of the police justice, whenever requested by siie sob-**' *^^ trustees or by the president of the village, to issue subpoenas or a pojnaa. subpcBua requiring any person or persons to appear before him to give evidence upon a complaint or charge for an offense committed or sup- Eosed to have been committed in said village, and said subpoena shall ave like effect and force, and disobedience thereto shall be punished thereto. ^^^ ^^^^ ^ ^^ issued in an action pending before such police justice. How SOT- Such subpoBua niav be served by any police officer or town const^ible ^^- residing in said village, and no witness upon whom such subpoena shall Witness to be Served shall be entitled to receive any fees. Upon the return of such ine?as"to subpoeua the police justice shall examine the witness or witnesses so smjposed produced, on oath, in relatiQ,n to the supposed offense, and if it shall ^ ^'^' appear that an offense has been committed, he shall proceed thereon in the same manner as though such witness had voluntarily made com- plaint before him. Complaint § 7. Whenever, in the opinion of the police justice, a complaint shall probable ^*^® '^^ made without probable cause, he may impose the costs and oaose. expenses of the proceedings upon the complainant, and enforce the col- Docket, lection thereof as in other cases. The docket of the police justice shall contain a record of all the proceedings had by him in the case of every offender brought before him ; and all convictions and judgments made by him shall be with costs, and his said docket shall be open to public inspection at all times during office hours. Chap. 218.] NINETY-SEVENTH SESSION. 256 § 8. Nothing in this act contained shall be construed as abridging or JnriMiio. in any manner affecting either the civil or criminal powers or juriwiic- ]^cL of tion of any justice of the peace of the town of Seneca Falls, in or as the town to any matters heretofore cognizable by them or any of them. Said^.^. justices of the peace of said town shall, c^ter the passage and enactment of this charter, have and exercise within said town and village the same powers and jarisdiction as justices of the peace of towns, as heretofore, Id addition to what may be conferred upon them by this act § 9. The board of trustees shall determine and fix, by by-law, the Office of days and hours of the day when the police justice's office shall be open fi^i^iol?" for the transaction of business, but nothing in this section or in such ^^^I^,^^ by-law shall be construed as affecting the validity of any or all business times.'^ done or proceedings had by or before such court at or upon any other day or hour or time in the day. § 10. To enfor^ the payment of any fine imposed by this charter or Commi^ the by-laws or ordinances of this village, in addition to other powers, ™on.pJ^. the police justice shall have power 1^ commit the person fined for a^ntof number of days certain, not exceeding the number of dollars of the fine, ^^' to the Seneca county jail, or to any jail or place of confinement that may be erected or provided in this village ; provided, however, any per- ptovIto. son 80 committed may be transferred to a penitentiary in another county of this State, in the cases and manner now provided by law. When acting in his official capacity the police justice shall, in issuing official process, affix to his name the title "police justice,'' and any other JJJJ^*** ^ jostice of the peace of said town while acting as and for the police jQfitioe, shall add to his official title "acting as police justice." Any Monthly justice of the peace of said town, whenever he shall perform any sei*vice's by^jJStice. as police justice, shall render to the board of trustees the same monthly i and six-monthly account and statement as required of the police justice. § 11. The police constables shall possess the same powers and per- PoUoe for the same duties within said village, in criminal matters and proceed- J^^^jl^ors ings, as town constables in the town o{ Seneca Falls, but said police anddaties. officers are not to serve or execute any process in any civil action within said village or elsewhere, except as herein by this act provided. It shall To obey also be the duty of such police constables to obey such orders and direc- JSuc" jna- tions for the enforcement of this charter and the village by-laws, as the^ ^^* *™*" may from time to time receive from the police justice, trustees or presi- pres'ident. dent of the village regarding their duties; to report to the police justice To report or president all violations of the ordinances, by-laws and the provisions Jf^iJdin?* of this act, with the names and residences of witnesses; to preserve the ances^Ao. public peace ; to attend all public assemblages in said village, and to preserve order and public peace thereat, to be vigilant for the prevention and discovery of crime and the detection of criminals ; to report to the police justice or president all crimes and offenses committed in the village; to arrest, with or without process, all persons in the actual com- Anroste. mission of crimes, misdemeanors or breaches of the public peace, and all vagrants and disorderly persons within the meaning of this act or the existing provisions of law ; to execute criminal process issued by the To exo- police justice or a justice acting as police justice; and such police JJ^ p"** justice or acting police justice may deliver criminal process to such. police officers or to any town constable of said town of Seneca Falls, to be exe- Townoon- cuted, and it shall, in such case, be lawful for, and the duty of, such stable, officer or constable to whom such process is delivered, to execute the wnie. It shall also be the duty of the police officers to report to the To report president or police justice all suspicious persons, houses of ill-fame, Sp£i^°* gambUng houses, disorderly houses, and all places where idlers, tipplers, «c. ' ©56 LAWS OF NEW YORK. [Chap. 218* gamblers or other disorderly or snspioioTis persons may frequent or con- gregate, and perform snch other duties as the president or trustees of the YillsLge may prescribe or direct. Conrpen. § 12. The police coustables appointed under this act shall not receive, poScej^n- or be entitled to receive, any fees whatever for any services rendered by stabiea them, but shall in lieu thereof receive such compensation as shall be am spe- g^ced by the board of trustees. All special police appointed under this act police. shall receive such compensation as shall be fixed by the board of trustees. Feds of Town constables shall receive the same fees for executing process issued SaWe^****" by the police justice or his substitute as are now or may hereafter be fixed by existing law for the same or similar ser\'ioes, and such town constable shall hd entitled to receive his fees from the costs paid in any suit or proceeding, and when such costs are not paid in any action or proceedings, any such town constable shall be entitled to receive his fees from the said village upon rendering an account thegrefor, at the same time and in like manner with the said police justice. What offl. § 13. The president and trustees, eacn and every one of them, and the mSio^v- police constables and special police appointed by said board, shall each regts. and all respectively have power, and are hereby authorized, at any and all times, to arrest or cause to be aiTested, with or without process, all vagrant or disorderly persons, or any person or persons who may be found by them committing any crime, misdemeanor or breach of the peace, or violating any of the ordinances or by-laws of said village, or of the provisions of this act, and shall have power, while in pursuit of any such person, to enter or cause to be entered, with or without pro- Peraons cess, any building or place in said village. Any person arrested at any K^be tok. *^ini^> by any of the officers or persons in this section mentioned shall, en before if gnch arrest is made during such hours or times as the boaixl of trus- f^^. tees shall dii*ect the police justice office to be kept open, be taken before the police justice or acting police justice forthwith, or within a reason- able time, not exceeding twenty-four hours, except as hereinafter pro- Proceed- vided, for trial or examination; and if the offender shall, by reason of *"*■• drunkenness or from any other cause, be not in proper condition for trial or examination, the magistrate may direct him to be put and kept in the station-house or lock-up in said village for a reasonable time, not to exceed twenty-four hours, except as hereinafter provided, and to be again brought before the justice to be dealt with according to law; and the police officers, or other officers or persons mentioned in this section, shall in all respects execute such orders or directions of such police or Awerton acting police justice, and such order or directions may be verbal. And in^git^^ if any snch arrests or arrest shall be made on a Sunday, or at night or **roc' d. *^y ^^^^® when the said police court is not dii'ected to be kept open, or fii^S^ere- if it shall not be practicable to bring such offender at once before the ^^' police court, the officer making such arrest or said police constables, or either of them may, with or without process, put the person so arrested in the lock-up or station house of said village and may keep him there for a time not exceeding twenty-four hours ; and within said twenty- four hours, the police officers, special police or trustees, oi* any or either of them shall, with or without process, take such person or persons from the lock-up or station-house, and bring them or any of them, before the Proviso, police justice or the acting police justice, for trial ; provided, however, when such arrest shall be made on a day or night next prior to a Sunday, the time during which the offender may be detained in the lock-up, and within which he shall be brought before the police justice or other jus- Town tice, may be forty-eight hours, instead of twenty-four hours. The ooofitabie. ^i[qq justice may authorise any town constable of said town to bring Chap, 218.] NINETY-SEVElfTH SESSION* 267 Mj offender from said lock-np or station-house, before him ; but such anthorifey shall, in all cases, be in writing and signed by said justice, and ihall be issued only in case of absence or inability to act of said police officers. § 14. The president shall have power, whenever the public interests special shall require, to appoint special police, who shall hold their office, by JresWent Tirtae of such appointment, for such period as the president or board m&y ap- of trustees shall direct ; such special police shall take the oath of ofidce, ^ ' and shall, thereupon, become invested with all the powers, and shall Tbeir ' discharge all the duties of police constables under this act and in pur- ^nd d" foance of the statutes, as they may be directed by the president or other tiea. competent authorilr. The number of special police which may at any Knmber time be appointed shall be determined by the board of trustees. ^- § 15. All persons who shall be intoxicated in any street, park, alley Disorder, or public place or assembly in said village, and all persons who shall, S^JESSl**" by noisy, tumultuous or riotous conduct, disturb the people or any Snblic assembly ; and all persons who shall have incited or induced ogs to fight, or be engaged in exciting or causing them to fight, in any street 'or public place in the village; and all persons who shall fight on any street or public square in the village and all persons who shall, by blowing hornS; hallooing or otherwife make loud noises, tend- ing to disturb the quiet of the people or any public assembly, without ]Q8t cause; and all persons who shall break or injure any awning or avning-post, or any public lamp or lamp-post, and shall willfully, and for the purpose of disturbance or mischief, give or create any false alarm of fire ; or remove from or pile up before any door, boxes, casks or other things for the purpose of annoyance or mischief; and all persons who shall willfully thi'ow ink, or other liquid, or any missile or thiug upon or against any building in the village, or through any window thereof, or who shall unlawfully or maliciously disturb or inter- fere with any buildiug or property in said village ; an*'- renewal as the trustees shall deem best, and the treasurer shall, by virtue of any such renewal, have all the powers and authority and rights which are obtained by the original warrant. § 4 The trustees are authorized to call meetings of the electors, other Tmstecs than those herein directed, whenever they deem such meetings necessary mj^ti^ngs for any purpose ; and it shall be their duty to call such meetings at any of eiec- time when they shall be requested in writing to do so by any six inhab- "* itantsof the corporation who shall be liable to pay taxes; and the trus- Notice tees shall rive notice of such meetings, in like manner as is directed for ' ^^^ ' the annual election of officers of the corporation. The notice of every special meeting of the tax-payers of this village shall specify the objects for which it is called, and nothing can be done thereat unless thus specified in said notice. § 5. The treasurer shall collect all moneys ordered to be raised by tax. Treasurer .as specified in any tax list furnished to him by the trustees, and make ^ ®® ®®** a correct account and return thereof, according to such warrant He Hispow- shall have such powers as belong to collectors of town taxes, and as ^^' herein provided, and on receiving any warrant for the collection of taxes, he shall, immediatelv thereafter, cause notice of the reception thereof to To give he published in each of the newspapers published, once in each week, Smo^an^d within said village; and shall designate in such notice a convenient pJ^^^^^ place in such village where such warrant will be left for forty-five days, taxes! ^^ from a day to be named, and where said taxes will be received during that time ; and any person may pay his taxes at such place, and to such treasurer, or to the person authorized by him to receive the same, within the first thirty of said forty-five days, on paying one per cent, fees thereon, and within the remaining fifteen days, on paying two per cent. * So in original. 360 LAWS OF NEW YORK. [Chap. 218. His fees, fees thereon ; but every such treasurer shall be entitled to receive, in addition to the tax, five cents fees on every amount of tax, where the whole amount of tax shall be less than one dollar. After the expiration of the said forty-five days, it shall be the duty of such treasurer to pro- ceed and collect the unpaid taxes as is by this act provided and directed, or he may collect such taxes in the same manner as unpaid taxes in the May ap- to wu are collected ; bu t he shall |iave power to appoint, by an appointment s^bie to^ iu writing, signed by him, any constable within said village to collect couect the same, and for whose acts said treasurer and his sureties shall be ^' responsible; and such treasurer, or constable so appointed by him, shall have all the powers and duties that are, by this charter, proridM and prescribed, and also such as belong to collectors in the several towns, and Addition, shall be entitled to collect, as fees, of each person of whom they shall ^^'^^- have to collect any such unpaid taxes, the sum of ten cents for travel fees, in addition to the five per cent fees now provided by law for col- lectors of towns. All persons within said village shall be liable to Ezemp- taxation for village and ward purposes, except ministers of the gospel ^*^**- now exempt by law and such firemen as may be exempt by the law of the State and the provisions of this act and the oniinances of the Military village ; and all '^ military tax " collected within said village, of residents *"• thereof, by any collector,' shall be paid into the village treasury for the support of the police in said village. Trastees § 6. Whenever any person or corporation, upon whose real estate a reaf estate ^^ ^^ assessment shall be imposed or assessed in pursuance of this act, for anpaid shall refuse or neglect to pay the same within the life of the warrant ***®"' issued for the collection thereof, and there shall be no sufficient per- sonal property of such person or corporation found within the limits of said village, whereof the same can be levied or collected, the treasurer holding sucn warrant shall make return thereof, under oath, subscribed by him, to the trustees, who are thereupon hereby authorized to cause the real estate on which such tax or assessment was imposed or assessed, to be sold at public auction, for a term of time, for the payment of such Mode of tax or assessment, giving six week's notice of such sale in a newspaper P^^®^" published in the village of Seneca Falls, and serving personal notice on the owner of such real estate, if he be a resident of said village, and if not a resident, then by serving notice by mail on such owner, if his place of residence be known to said trustees, and also by giving the like notice to the occupant of the premises, if occupied by a tenant or other To whom person. And the said real estate shall be sold to the person who will to be sold. QffQj, ^ ^j^g ^jjg game for the shortest term for the payment of such tax and assessment, with interest thereon from the date of the warrant, and the fees and expense of publication and service of such notice or notices. Redemp- But t^e owner, his agents or assigns, may, within one year after such ^^^ sale, redeem the same, by paying or tendering to the purchaser, or his legal representative, or to the treasurer of the village^ the amount of the bid at such sale, with interest at the rate of seven per cent per annum ; and all the provisions of the act entitled ^^ An act authorizing mort- gagees to redeem real estate sold for t^xes and assessments," passed May fourteenth, eight^n hundred and forty, shall apply to any sucli sale; and any mortgagee of such premises, or any part tnereof, shall have the benefit of said act; and the notice required to be given by the secund section of said act shall not be given until after the time limited for the owner or his assignee to redeem. Certiflcate § 7. When any real estate shall be sold for the collection of any tax when to ov assessment, and the owner thereof, his agents, heirs or assigns, shall be deuv- not, within one year thereafter, have paid or tendered to the purchaser Chap. 218.] NINETT-SEVENTH SESSION. 361 thereof, or his legal representatiyes., or to the treasnrer of the village, ered to the amount of the bid on such sale, and the same shall not have b^n p^'^^^^^* redeemed by any mortgagee of each real estate within three months sfter the expiration of one year, as above provided, with interest at the rate of twelve per cent per annum from and after the time of such sale, the trustees shall deliver to the purchaser, his heirs or assigns, a certifi- cate of such sale, under the seal of the village, and signed by the pres- ident and clerk, the execution whereof may be proved and acknowl- edge in the same manner as a deed of real estate, and which may in like manner and with like effect be recorded as other conveyances of real estate. § 8. The purchaser at any such sale, on receiving such certificate, or Purchaser his executor, administrator, or assigns, may immediately enter into pos- ]^^es^^^ session of such real estate, and hold, occupy and enjoy during the time Bion, Ac. for which it was sold, as aforesaid ; and such certificate shall, in all ooorts and places, be held presumptive evidence of the right of such purchaser, his heirs or assigns, to the possession of such premises, dur- ing the time as against the owners, or those claiming under them, and all the buildings put on the premises during such term by the pur- BemoTai chaser, his heirs or assigns, may be removed at or before the expiration ^^"^^^' thereof. If any person having or claiming possession shall, on demand Remedy, of the purchaser or holder of such certificate, refuse to yield possession J^JSonlf " of said premises thus sold, or any portion thereof, such purchaser or withheld, holder of said certificate shall be entitled to the same remedy to recover snch possession as is by law provided for the removal of tenants hold- ing over after the expiration of their terms. § 9. It shall be the duty of the clerk, in all cases of such sale, to cierk to make one entry of the same in the minutes of said boai-d, with a descrip- £^1 gJie. tion of the property sold, the amount for which the same was sold, the length of term or time and the name of the purchaser, and the time of, and the amount paid* for the redemption, in case the same shall be redeemed. § 10. In addition to the modes of collection of taxes herein provided. Action the board of trustees, or the treasurer, may bring an action for any tax bl>onght to in the name of this corporation against the persons assessed or the collect owner of the land taxed in any court of this State having civil jurisdic- **** tion in the county of Seneca. All the modes provided by the charter Concnr. for the collection of taxes and assessments are hereby declared to he Siei'^^"^*' concurrent remedies, but only one can be used at one time, although each may be used in succession. One may be discontinued and another adopted at any time, but only one bill of costs shall be collected from Costs, the tax-payer. All such judgments and all moneys received by the board of trustees or treasurer, m the collection of unpaid taxes, shall be immediately paid into the village treasury, and shall belong to said village. TITLE VII. Section 1. The trustees shall be commissioners of highways, and are Tmstees vested with and authorized to exercise and perform, wifliin the bounds ^mmis- of the corporation^ the same rights, powers and duties as are possessed Bionersof and exercised by the commissioners of highways in the several towns; witwV^' and they are authorized and empowered to lay out, alter and open or 2J2***"* discontinue any street in any part of the corporation, of such width and in such place as they shall deem necessary and proper, and may provide Their for and direct the msing, grading, leveling, paving, repairing, mending, {? rtreefi! planking, macadamizing and cleaning any street in the corporation. Q63 LAWS OF NEW YORK. [Chap. 218. No street subjecfc to the provisiotis of this act and as herein prescribed. But no mit'^ex^*^ street shall be laid out or altered, except upon the petition of twelve Iree- oeptnpon holders of the corporation, none of whom shall be in any way interested Sc. ^^* in the lands proposed to be taken for such street. The temtory con- tained within the bounds of said village shall be exempt from the super- Laying of vision of commissioners of highways m the town of Seneca Falls. The tSwigh trustees may lay out any street through any lands, and by the unanimous booses, vote of all tne trustees in office, through any building, garden, orchard **^* or inclosure in said village. The tak- § 2. Whenever any street, alley, lane or public ^ound is laid out, iate**prop^ altered, widened or straightened by virtue of this act, or any local ertj. improvement is made, under and by virtue of this act, which requires that private property shall be taken for public purposes, the board of trustees shall, in the first instance, and before making such improve- Notice,it8 meut, give notice of their intention to take and appropriate the land contents, necessary therefor, and to make such improvement, by publishing such notice, specifying, as near as may be, the lands to be taken, in one or more of the village papers, which notice shall also notify the owners of such lands that at any time within three weeks from the date of such publication, they may file with the clerk of said village their claim or claims for damage, by reason of such improvement, and that application will be made to the county court of Seneca county for the appoint- ment of three commissioners residing in said village, to ascertain the , damages so claimed, and to assess the expense of such improvement, or so much thereof as may be proper, upon the lands and premises to be benefited thereby ; which notice shall also specify the improvment to be made, the time when and place where such application will be made. At AppUca- the time and place so specified, the board of trustees, by such person appo^n^- ^ ^^^7 ^^^^^ designate, shall make application to the saia court for the ment of appointment of such commissioners, and said claimants shall have the sionSa!" right to be heard thereon. The said court shall thei*eupon, by a rule to be entered in the clerk's office of Seneca county, appoint said three commissioners to ascertain and assess the damages so claimed, and at the same time to determine what persons will be benefited by such improvement, and to assess the damages and expenses thereof, or such portion thereof as they shall deem just, upon the persons so benefited, Hearingof in proportion, as near as may be, to the benefit resulting to each. The Son"*'*" hearing of such application may be adjourned from time to time by Dnticsof such court. The commissioners shall be sworn by any person author- Sonw^ ized to administer oaths, to faithfully and impartially execute their duty in making such assessments. They shall view the premises, receive any proper evidence and may adjourn from day to day. They Kotice. shall, before entering upon their duties, give notice to said claimants of the time and place of their meeting at least five days befoi'e such meeting, by publishing such notice in one or more of the vilhige What papers. They shall determine and award to the owner or owners of to bo*^^" such laud so claiming damages, such damages as will, in their opinion, awarded, be Sustained by such owner or owners by the completion of the im- provements, after making due allowanoe for any benefit which said owner or owners may derive therefrom. They shall, at the same time, assess and apportion the said damages and expenses of such improve- ment, or such portion thereof as they shall deem just, on the real estate benefited thereby, as nearly as may be> in proportion to the benefits resulting thereto, and shall briefly describe the real estate on which Bandings any assessment is made by them. If thei*e be any buildings on the ^on*!^ liuid taken for such improvement, the value of such buildings to move Chap. 218.J NINETY-SEVENTH SESSION. 263 shall be ascertained in their assessment, and the owner thei'eof may remove the same in ten days, or in such other time as the board of trnstees shall allow, after the confirmation of the return of the com- missionerg. If the owner shall so remove said building, the value thereof, so ascertained, shall be deducted from the damages so awarded to him. The determination and assessment of the commissioners, Assess- signed by them, shall be returned by them to the trustees within thirty "efn^^ed* days after their appointment. The" said court may, if sufficient objec- totms- tidns are made to the appointment of said commissioners, or if any of *®®** said commissioners shall refuse or be unable to serve> appoint others in their places, in the manner above provided, and the board of trustees, Notice after the determination and assessmefit of the commissioners is returned ^m tie to them, shall give two weeks' notice, in one or more of the village «cUid papers, that the same will, on a day specified in such notice, be consid- ^^^^' er«i and acted upon by such board. Anj person interested may be interested heard before the board of trustees touching the matter, on the day Se heJrd.^ specified in such notice, or on such other days as the board of trustees shall appoint, and shall file their objections to such determination and assessment in writing with the clerk, on or before the first day of hear- ing. The board of trustees shall either confirm such detei-mination and Bonrd of assessment, or annul the same and refer the same matter back to the ^^f^^^ same commissioners, or other commissioners, to be appointed by such annul, court, for the like purpose ; and thirty days additional time shall, in such case, be allowed for filing the commissioners' determination and assessment. The commissioners shall proceed in all things in making second aod returning the second assessment, as in making and retui-ning the ^nt! first assessment, and the said trustees shall proceed therein as though it were an original assessment. In case the board of trustees shall when confirm the second assessment and determination, the same shall be ^°^ final and conclusive on all persons interested, except as herein provided ; but, in case the board of trustees shall annul the same, then all pro- ceedings in relation thereto shall be null and void ; but nothing herein Consent contained shall authorize the board to open, discontinue or contract ®^**^'*®"* any street or highway, or any part thereof, without the consent, in writ- ing, of two-thirds of all persons owning lands adjoining thereto. On final confirmation of the report and assessment, the same, together with a copy thereof, shall be filed with the village clerk and in the Sene<» county clerk^s office. § 3. In all cases where the whole or greater part of any real estate, Taking of subject to any lease other than a lease for the life of any person, shall Jecuo™^" be taken by the board of trustees under this title, all the covenants and lease, stipulation contained in such lease shall, upon final confirmation of the assessment thereof, cease, determine and be absolutely discharged. § 4. If any such assessment or determination of the commissioners be Notice of confirmed, the trustees shall forthwith give notice of such confirmation SkSf!*^"*' to all persons who shall have filed objections thereto, by personal service npon such objectors as can be found within said village, and by mail Appeal to npon all others. Within ten days after the service of such notice, or at coart" any time within fifteen days from the confirmation of said assessment, anv person who shall have filed objections, as aforesaid, or any other person who shall consider himself aggrieved by such determination or assessment, may appeal from the same and from the confirmation thereof, to the county court of Seneca county, anything hereinbefore to the contrary notwithstanding, by filing with the clerk of said village, and serving on each of said commissioners, personally or by leaving the NoUoe of aune at his usual place of residentje, a notice of such appeal, stating the •pp®*^- 2e4i LAWS OF NEW YORK. [Chap. 218. stay of ^oands thereof. Said appeal shall operate as a staj of all proceed- g^^ed- jQgg mider said assessment until the hearing and decision thei*eof, and no private property shall be taken or improyement commenced under the provisions of this title until after the expiration of time herein Retnm on limited for appealing. The said commissioners, or a majority of them, appeal, ghall, within ten days after such service on them, return to the county court of Seneca county, and file with the clerk thereof a full return of all evidence taken and pjroceedings had before them, and the reasons for their decisions. The said village clerk shall, also, in like manner, and within the same time, return the report of said commissioners, and all proceedings had thereon by the board of trustees, or a certified copy of Rotarn^orthe Same. Such commissioners and clerk, or either of them, may be Sent** compelled to make or amend their respective returns in the same thereot manner as justices of the peace, on appeal from their judgments. Said TriaL no- appeal may be brought on for trial by either party, at any time, before ticeuiere- g^j^ county court, on notice of ten days, and shall be heard and deter- mined by said court without a jury, upon the said determination and Farther assessment, the returns of said commissioners and clerk, and the jitoesses, notice of appeal. But said court may, in case any party to such appeal show that he could not, by due diligence, have procurea the attenaance of any witness, or the production of any legal testimony before said commissioners, but not otherwise, on the hearing of said appeal, examine such further witnesses and receive such further evidence as any party may thus show he could not have procured, as may be produced by either party, and in such case any party to said appeal may answer such DeciBfon evidence thus admitted. Such court may sec aside, afSrm or modify on appeal, g^^j^ assessment and determination, in such manner as it may deem proper, and the determination of said county court thereupon shall be final. Said county court shall at all times be open te hear all matters Compon- of which it has jurisdiction by this act The said commissioners shall Snuni^ each be entitled to receive two dollars per day while actually engaged sioners. in all proceedings by or before them. Said per diem allowance for all By whom proceedings by and before them prior to said appeal shall be paid by the tobepaid. gg^j^ village, and such per diem allowance for all proceedings by or before them, subsequent to said appeal, shall be paid by said appellant or said village, as said county court shall order and direct Damages § 5. All expenses and damages for taking private property in opening iected by streets, or malcing any other public improvement, as assessed and deter- t««- mined by this charter, or as agreed upon by the owners with the board of ti-ustees, excepting a;nd deducting therefrom such portion of such expenses and damages as shall be assessed upon and collected from the property benefited, or from the owners thereof, shall be collected by tax and shall be included in aud considered as street expenses, jnrisdio. § 6. On any appeal from the detei*mination and assessment of said coim on commissioners and the confiimation thereof, the county court shall also appeal, have jurisdiction to examine and determine, in such manner as said court may order, whether or not all the provisions and requirements of this act for opening any street, or making any improvement which shall require taking private property, have been fully and fieiirly carried out and fulfilled by the board of trustees or other officer of this village, or Maveet other person, and on such hearing may set aside any such proceeding, oeediffor ^^ order such further proceedings to be taken to perrect the same, as to order £r. guch court may seem just and proper, and, unless such proceedings thus ceedSi^. ordered are taken as prescribed, such proceedings shall be void. Pavment g 7. When the amount of any damages for taking lands as aforesaid ges ^when shall be ascertained by a final confirmation of the report and assess- Chap.218,] NINETY-SEVENTH SESSION. 265 ment of the oommigsioners, the board of trastees shall, within one year to b« thereafter, pay or tender the amount of snob damagefi to the owners of ^^^ Ittids and tenements to whom the same shall have l^n allowed, and in CAM such owners shall refuse the same, or be unknown, non-residents unknown of the village, infants, lunatics, or the rights and interest of the persons ^tdent' chimioff the same shall, in the opinion of the board of trustees, be owners. doabtfol, it shall, in such case, be lawful for the board of tiiistees to pay the amount of damages to the county treasure^ of the connty of ^eca, accompanied by a statement of the facts and circumstances under which such payment is made, and describing the lands and tene- ; ments taken by the village, for which such damages have been awarded. • Until such damages shall be so paid, it shall not be lawful for the boaixl • of trustees to take or enter upon such lands or tenements, for the taking of which any such damages shall be allowed. { § 8. Whenever any proceedings shall have been had under section one Assess- of this title, and the commissioners appointed as therein specified shall i^n"^fl£^^|^ hsre made their estimate and assessment, aud the same shall have been first Uen. ooofirmed by the board of trustees, if it shall then appear from such report that assessments for benefits are made against the owners of | property therein, such assessments, from the date of tlie confirmation of such report, sdiall be a lien upon the lands in respect to which such ttKssment had been made, having prefei'ence over all other liens and « incnmbranoes whatever, and such assessment shall be collected, in all How cou i^pects, as provided in the sixth title of this act for the collection of ^•*^^®*^- • the assessments therein specified, or as provided for the collection of assessments in this title. ' § 9. All expenses of opening or laying out, paving, repairing, im- street ex. pn>ring and cleaning the streets shall be denominated street expenses, ^^;„^^ and shall be paid by a tax on the whole village, as herein provided, bow imid. t in case of opening or laying out or paving streets or making Excep. ' ttwers therein, where the board of trustees assess a portion of the cost ^^'^' of the same upon the owners of the property particularly benefited, and in sDch cases all expenses, other than that portion thus assessed on the owners of the particularly benefited property shall be included in and paid as street expenses ; but in tlie case of making sewers no more than in case of one-fourth part of the aggregate of the whole amount of the expense JJ'hiT^ljftrt thereof shall be assessed upon or collected of the whole village, and at of cxpen- ^ three-fourths of such aggi'egate expense shall in all cases ^ assessed Jl^g^cr sgainst and collected of the persons and property to be particularly pp^» i^- benefited by such sewer. f ^ J t^ Jiage.&c. S 10. The board of trustees shall have power to make sewers in any sewers, poblic streets in said village whenever they shall deem it proper and J^j^J'^j, aeoeesary, and to assess the expenditure, or at least thi*ee-fourths thereof, uieretor. Mitt section nine of this title; provided, upon the lots and premises consent of particularly benefited thereby, when, and only when, the owners of said o'^^'^cw. iota aud premises of at least one-half in value thus proposed to be >ing, particularly, ^^^ the improvement to be made, the manner in which the same is ordered to be done, and the materials which shall be used, and the quantity thereof if they deem proper, and settins; forth the time in which the Trastees Same shall be completed. And in case the said improvement shall not enaj make \^ made and completed within the time and in the manner prescribed improve- in such order or notice, the said trustees may cause sudi improvement *'^°'' to be made or completed, in the manner q>eoified in such order or ^Expenvee notice, and the expenses thereof with ten ner cent thereon, may be by ihereot them assessed on such lots, respectively, and shall be a lien thereon, ana may be collected as in this charter provided, aide. It shall be the duty of the owner or oooapant of any land or lota Se^kept^ adjoining any street or highway in said village, at all times, and with- Areo from out service on such owner or occupant, of any notice or order, to keep OiAP.JlS.] NINETYSEVENTH SESSION. 367 &e ffldewalks on ttie streets and highways within said village, in front mow, ice, of or adjoining said land or lots, at all times, free and clear of snow, ioe ^^ «r other materials, and in good repair ; and in case any owner or ooca- Tnutew pnfc shall neglect so to do, it shall be the duty of said trustees forthwith ^^'S^ to esiise the same to be done, the expenses whereof, with ten per cent. done, tiiereoa, may be by them assessed on such lots, respectively, and shall kslien thereon, and may be collected as in this charter provided. § 1^ In the ooUection of all assessments made in opening streets or Liens Jto ia making other public improvements, or made for paving any street or ^fl^oii^ jKMtion thereof, or building of public sewers thetein, or made for mak- be gnfbi^ mg, pavittg, ^riiding, repairing or keeping clean any sidewalk, as in this or thepre- ekiiter provided, the board of trustees may enforce the lien thereof on >>^^*»* any premises by sale, as provided for the collection of unpaid taxes, or may bring an action for the same, adding all percentage allowed by this Or eoMs.- act, in any conrt of this State having jurisdiction, or may prosecute for fa^^i^Sf the same before the police justice of this corporation, and shall be^d byac- eodtled to all the remedies and process in said action or before said police justice, as is provided in this act for the collection of unpaid tiixes, or they may include the amount of such assessment in next tax orinoim- list against the person so assessed, and such remedies may be resorted nexttox to in the same manner as is provided herein in the collection or enforce- Ust ■ent of unpaid taxes. Or the said assessment may be enforced and warrant collected by a warrant to be issued by the trustees, or a majority thereof, ^S^*'^' to the treasurer of the village, made returnable in ninety days, command- ing the treasurer to collect or make the amount required of the goods nd chattels of the person or persons so in defiiult, and for the want of penonal property whereon to levy to make the same, then to sell at Trearamr paUie auction the real estate or so much thereof as shall be sufficient ^ ^^ to flatisfy said claim or assessment and the treasurer's fee, which shall Mtr pay- ment of andlted elaim. Claim to be made oat in items. Veriica- tion there- of. Who may adminis- ter oath. Tmstees may diMl- low claim, Ao. Claims to be nam- bored, Ao. not reoorded, to be ascertained, described and entered on record in a book to be kept by the clerk of the said village. § 14w The working, paving, improving, cleaning and repairing the streets shall be performed under the superintendence of the street oum- missioner, who shall be always subject to the direction of the trustees in the discharge of his. official duties, and no account for the expendi- ture on the streets shall be paid until the same shall be audited by the board of trustees, and a warrant or order drawn therefor on the treasury by the president, countersigned by the clerk, and all payments shall be made upon, and account accompanied by vouchers, to be furnished by the street commissioner, which shall contain the name of the person, and the service or other thing for which the payment is to be made, and which shall be duly verified by said street commissioner. § 15. The word ^' street," as used in this act, shall be deemed to com- prehend all parks, public squares, highways, bridgeSi streetSy lanes and alleys within the corporation. TITLE VIII. Section 1. The board of trustees shall audit and pass upon all claims and demands aj^ainst this corporation, and may allow the whole or any part of any claim, or disallow it entirely, as herein provided. No claim or demand shall be allowed or audited unless the monev to pay the same shall have been voted by the village meeting, or unless the board of trustees shall have power under this charter to raise a tax for such pur- pose without such vote; and no claim or demand shall be paid unless audited and allowed, as by this charter provided. § 2. Upon the auditing of claims against said village by the board of trustees, a warrant for the amount thereof shall be drawn upon the treasurer, to be signed by the acting president, and countersigned by the clerk, which shall be paid by uie treasurer and filed in his office ; but no account or claim against such village shall be paid until it shall have been presented to the trustees thei'eof, and audited and allowed by them. § 3. No such account or claim shall be audited or allowed by the trustees unless it shall be made out in items, and shall be accompanied with an affidavit of the person claiming to have done the services or made the disbursements therein charged ; that the several items of such account or claim are correct; that Uie services therein charged have been rendered ; that the disbursements therein charged have been made, and that no part thereof has been paid. Such amdavit shall be annexed to or indorsed on such account or claim, and preserved there- with. Tiie president or trustee presiding when such account or claim shall be presented to the trustees, or the village clerk may administer the oath required by this section ; and the trustees, president or clerk, or either of them, may examine the claimant on oath as to any items embraced in such account or claim. g 4. Nothing in the last preceding section shall be construed to pre- vent the trustees from disallowing any account or claim, in whole or in part, when so made out and verified, nor from requiring other or further evidence of the correctness and reasonableness thereof. § 5. Every account or claim against such village presented to the tms- tees in any year shall be numbered from number one upward, in the order in which it shall be presented, and a memorandum of the time of E resenting the same, and the name of the pei*8on in whose favor it shall e made out, shall be entered in the rccoms of the proceedings of the trustees. (Sup. 218.] NINETY^SEVENTH SESSION. ^69 § 6. Erery warrant drawn by the trustees to pay any acconnt or claim warrant Ml refer to such account by its number, and the name of the person to*Jl^'^^ ia whose fiiTor it was made out ; and a memorandum of such reference, ooant, Ae. tad of the amount of the warrant, shall be entered in such records before sich warrant shall be delivered to the claimant 1 7. No payment shall be made by the treasurer fh>m any money Ko pay- b&nging to said village, except upon the warrant of the president or JJSe «?** ading president, countersigned by the clerk, and specifying the fund oept opoa from which it is payable ; and when snoh warrant shall be paid, the^"*****' treasurer shall file and keep the same as his voucher. 1 8. If any member of the board of trustees, or other officer of this Whatacu, Tiihge shall^ in any way, assume to create a debt, or incur any liability ^J^or' on account of or against this village, or to appropriate or jpay any monev, other on- Of to use or apply any proprty or thing of value belonging to this vil- mteSe^** hge, for any purpose, or m any manner whatsoever, contrary to the"*®'°<*'« proTisions of this charter, he shall be deemed guilty of a misdemeanor, aad be proceeded against as provided by the Revised Statutes of this State, and be shall also be personally liable to any person injured for Penonai inch debt, or property, or thing of value thus misapplied, or for any ^*^****y- debt or liability thus attempted to be incurred, ancf he shall, in like manner, be personally liable to this village for any amount of such debt or liability that it shall, for any reason, pay or assume to nay, and for mj property or thine of value thus misapplied, or for any damages that may accrue to said vulage by reason thereof. Any person thus injured, (fftbis village, may prosecute for any violation of this section in any ooart having civil jurisdiction in the county of Seneca. TITLE IX. SscnoK 1. No person shall be deemed incompetent as judge, jpror, Compe- juiice, witness, sheriff or constable, in any suit, cause or proofing, in [SSg^i^le. vhich the corporation shall be a party, by reason of his being an inhabi* tant of the said village. § 2. No person entitled to vote at any election held under this act szemp- dull He arrested on any civil process within the said village, on the day ^JS^^"^ on which such election is held. §3. No debt shall be incurred or created by the said village, by the Kodebtto tniatees, or by any other officer thereof in their official capacity' ; nor ^^* M\ the trustees, or any one or more of them, or any other officer of Trasteo. tte corporation, be interested in any job or contract to which the said offlcw^not fotponttion shall be a party; nor shall any expenditure be made or tobo inter, itturred until the money or tax for that specific object shall have been S^^l^t voted except and as herein directed ; nor shall the credit of the said oorporation or its bonds or other obligations be loaned to any indi* vidad or to any other corporation ; nor shall the corporation hereby created subflcribe to or take stock as a corporate body in any work, pro* jeet or enterprise or company, or corporation, whatever, except as herein innded, or as provided by the statutes or laws of this State. § 4. All moneys which shall be collected on account of taxes, or Taxes, i^neived for licenses, fines, penalties or forfeitures under this acty^'^io ibll belong to said corporation, and shall be paid into the treasury g^^ ttereof, excepting the fees and costs of collection, as hereinbefore ^^ pronded. { 5. The offices of orerseers of highways, and also all assessments oiiom, ^ hishway labor to be paid in work within the corporation, are jl^ed!*^' iboli&ed. rarer. 370 LAWS OF NEW YORK. [Chip. 818. Town eoi- § 6. The ooUector of the town of Seneoa Falls shall pay into the ^^^ treasury of the village of Seneca Falls three-foarths of all soras of CSb mo* money raised by or received by said town in each year, for reimirinr or Sf/tiiC constrncting bndges in said town, or for the payment for snch rejSdrs traaanry. or constmction, and the same shall be expended, nnder the direction of the board of tmstees, in repairing or buildmg bridges and the approaches thereto in said village, ana for no other purpose, unless by a vote of the village tax meeting. Animals § 7. It shall be unlawful for any cattle, horses, swine, she^, geese a^iaivT^ or other animal to ran or be at large upon any of the streets of this village, or to go apon any of the public parks, oemeteries or other Penalty public grouuds thereof. Any owner of such animal or animals, suffer- thorafor. ^g q^ permitting the same to be so at large, shall be liable to a penalty of five dollars for each offense, which may be sued for in the name of Animaia and for the benefit of said village. And every snch animal found at JJg^ large upon any of the streets, umes, parks, oemeteries or other public grounds or places of said village, shall be little to be seized and disposed of as provided by the laws of the State of New York, to prevent animals from running at large in the public highways. Trnstee § 8. No member of the board of trusteeis shall in any way, either ntoresMd directly or indirectlv, be interested in any contract with this corpora- in con- tiou, or in any work done or to be done for this corporation, by its tract, fto. Qfgoerg^ employees, or otherwise, except to see that such contract is faithfully carried out by all parties, and that such work is honestly done, and no other oflBcer of this corporation (except members of the fire department, or extra police, or night watch, who hold no other village ofSoe) shall in any manner or way, either dii*ectly or indirectly, be pecuniarily interested in any contract^ or in any work done or to be Ko emoin- done for this village, nor beyond his fees, salary or pay allowed or Mpt fteaf' authorized by this charter, shall he in any wav receive any benefit or emolument tnerefrom, except as above stated. Any member of the Penaitr board of trustees, or other officers who shall violate the provisions of ttoiTof oiia ^^^^ section, or any of them, shall be guilty of a misdemeanor, triable aection. by the police justice or any court of criminal jurisdiction in Seneoa county, on the complaint of any inhabitant of this village, such dfime to be punished as provided by the Revised Statutes of this State for misdemeanors. Penally § 9. If any person, having been an officer in said village, shall not, Uveringto withiu ten days after such notification and reouest, deliver to his suo- ''Ji^^eagr oessor in office, or to the boMrd of trustees, all the property, papers, So/ books and effects of every description in his possession, or under his control, belonging to the said village or appertaining to his ot&ce, he shall forfeit and pay, for the use of the village, fifty dollars, besides all damages caused b^ his neglect or refusal to deliver. Oaths. § 10. The president of the village and clerk shall have power to administer any oath authorized and required to be taken by.this act» except where it is specially provided otherwise by this act Licenses, § 11. AH licenses, drafts, mstruments or papers to be executed as the ^'ex?.^^ ftcts of the village, or in the transaction of its business affairs, except as ^rMMent Otherwise provided by this act, may be executed by the president or or clerk! clerk of Said viUaee nnder the corporate seaL snits for § 12. All suits Diought for the recovery of any fine, penally or for- !E)"rmaV feiture, prescribed by the laws of this State, by this act, or by any bebrongki ordinance or by-]aw made . by virtue thereof, may be brought in tM ofcorpo. name of said corporation, and the pleadings and proceedings shall be it^on. ^]^Q gmnQ 3g prescribed by the Code of Procedure of this State; either QUP.J18.] NIXETY-SEVENTH SESSION. 3T1 £bj may give this aot, the ssid by-laws, and any special mattor in evi- XYid«Me. oe» and the party in whose favor judgment shall be rendered shall noofer oosts and have execution of such judgment in like manner as in Cotn. otiier oases, unless otherwise as in this aet provided. § 13. In all proceediugs in any court when there are infants or other GnwdiMi iseompetent persons, owners, whose {Hropertyis affected by such pro-*^"^^"*' eeediags, such court shall appoint guardians ad litem to protect their interest, with the usual powers and subject to all the duties of guardians ai litem in ordinarv snit& § 14 On demand of any member of the board of trustees, the vote of Teas an* nieh board on any matter shall be taken by veas and nays, to be included '^^'* in the minutes and entered upon the records. § 15. All entries in the journal, record or proceedings of said board Bntde*, of trustees^ or entries made or required to be made bv the clerk, in any ^^' msiiner pertaining to the business or matters of said village, or any of oer&Aed its officers, or copies thereof, duly certi6ed by the clerk and having the tiSeroof, eorporate aeal thereto annexed, shall, for every purpose, be presumptive evMenoe^ eviaeneeof the facts therein stated. § 16. The clerk of the village shall make and sign an entry or record, ordinan- ia a book to be provided for that purpose, of eveiy ordinance and by-law ^]]^g^ enacted by the board of trustees, and of tlie time of publication thereof; to be re' and the said record, or a copy thereof, certified by the clei*k of the ^'^^* Tillage, shall be presumptive evidence in all courts and places of the due svidence. panage and approval of such ordinances and by-laws, and of their Wing been duly published. Copies of any papers duly filed in the Certifled office of the derk of the village, and transcripts from the records of the ^^^'^^ proceedings of the board of trustees, certified by him under the corporate wripti. eeil, shall be evidence in all courts in like manner as if the originals were produced. g 17. Every member of the fire department shall, so long as he shall Sxemp- lemaiu such member, be exempt from serving on juries in any court, j^^"* and from serving in any militia, excepting in case of invasion or iusur- aervioa. lection, and a certificate of such service in the fire department, with a copy of this section, authenticated bv the signature of the president and the seal of the corporation, shall be legal evidence before all oourts and offioars, civil and miUtary, of such exemption. § IS. Any inhabitant of this village who shall, at the time of any Penalty fire, refuse to obey the order of tlie president or chief engineer, or any ^^^^f penon who shall, at the time of any fire, be guilty of any mutinous or disorderly disorderly conduct, or who shall attempt to excite mutiny, disorder or ^^^.^j insubordination in others, or who shall obstruct pr attempt to obstruct the operation of the fire department, or any members thereof, in the proper execution of ibeir duties or the orders of the proper officers, or vbo shall interfere with the engines, hose or other property of this Tillage, unless requested by some proper officer to do so, snail, for each offense, forfeit such penalty as shall be prescribed by the by-laws, not exceeding fifty dollars, and shall also be deemed disorderly persons within the meaning of this act. {[ 19. It shall be unlawful for any person or persons to erect, use or ueentos maintain, or proeur^ or permit to be erected, used or maintained, any tl^rhooStf. ilaaghter-house within the said village, without first having obtained a vritten nermiasion or license from itib said board of trustees, signed by file derk and attested by the village seaL Such license or permission diall deaignate the place where an^ slaughter-house shall be located and the manner in which it shall be kept, and shall be revokable at the Rereca- pleaanre of the board, but when it is proposed to revoke such license or ^J^ ^^^ 27a LAWS OF NEW YORK. [Chap. 219. Notloe. Nataanoe. PeAaltv. Oflloera elfpted at last char- tor elec- tion. Repeal. VillaK« property* permission, at least thirty days' previous notice thereof shall be given, which notioe shall be personally served upon the owner or person in charge of such slau^hter-honse, and in case no snch owner or person in charge can be found, then such service may be made by posting the said notice in a conspicnous place upon said slaughter-house. Every slaugh- ter-house erected, used or maintained within said corporate limits, cx>n- trary to the provisions of this section, is hereby declared to be a public nuisance, and the said board of trustees are hereby authorised and empowered to enter upon any lands or premises in said village where the same is situated, and abate the same or cause it to be done. Every person violating the provisions of this section shall forfeit to said village the penalty of five dollars for each day that such slaughter-house shall be used or maintained in said village contrary to the provisions of this section ; anch penaltv to be sued for and recovered in the name of and for the benefit of said village. S 20. The several persons elected at the last charter election in said village shall hold and discharge the duties of the offices to which they were severally elected for and during the term for which they were so elected, the same as though this act had not been passed ; and the several persons who have been appointed to any office in said village shall con- tinue to hold and perform the duties of such offices respectively, for and during the time for which they were so appointed, unless the person so elected or appointed shall be removed ; and the provisions of this act shall be applicable to all the officers of said village so elected or appointed. g 21. From and after the passage of this act all former acts relating to said village of Seneca Falls, as a corporation, and which are charters of the same, or amendments of such charters, are hereby repealed. But such i*epeal shall not affect any right vested or established, or any suit, proceeding or prosecution had or commenced previous to the passage of this act ; out every snch right, suit or proceeding shall remain as valid and effectual as if such previous acts had remained in force ; and all estates, real and personal, vested in or belonging tothe village of Seneca Falls, when this act shall take effect shall continue to be vested in and belong to said village. § 22. This act shall be deemed a public act, and the legislature may, at any time, repeal, modify, amend or alter the same. § 23. This act shall take effect immediately. Chap. 219. AN ACT authorizing Erminda 0. Goodwin to continue a ferry across Seneca lake. Passed April 21, 1874; three-fifbhs being present The People of the State of New York, represented in Senate and AsaemUy^ do enact aafdUowe : Forry Sbction 1. It shall be lawful for Erminda 0. Goodwin, her heirs and North assigns, to establish, maintain and continue a ferry across the Seneca Hectorto lake, at the place known as North Hector, in the county of Schuyler, on starkey. ^^^ ^^^ g|^Q ^f geneca lake, to, and between the place commonly known as Starkey landing, in the town of Starkey, in the county of lates, on Tern of the west side of said lake, for the term of twenty years from the passage ttnncbke. of this act Gbap. 219.] NINETT-SEVENTH SESSION. ^73 *^ § 3. The said Erminda 0. Ooodwin, her heirs and assigns, shall, at Mainten. all times, keep and maintain a good, sufficient and convenient ferry- ^l^y!^^ boat or boats, for the safe conveyance of passengers and their baggage, boats. IiorBeSy oarria^s, cattle, goods and chattels, between the places men- tiooed in section one of this act, and shall supply or furnish the said ferry-boat or boats at all reasonable times, with skillful persons to attend, navigate and work the same. § 3. If the owner or owners or keepers of said ferry shall willfully Ponaity negleet or refuse at proper times to transport or ferry across said lake, i^et"o?' between the places mentioned in section one of this act, any person or remsaito persoDS, their baggage, horses, carriages, cattle, goods or chattels, proper ^^"^' for ferriage, or snail unnecessarily hinder or delay any person in cross- ing' said ferry, said owner or owners, or keepers, snail foi*feit the sum of ten dollars to such person aggiieved. § A. The said Erminda 0. Goodwin, her heirs and assigns, shall be Rates of entitled to charge and receive for ferriage across the said lake, at the ^"^*^- fbUowing rates: For every cai*riage or other vehicle with two horses, accompanied by not more than four persons, one dollar, and for each person more than four, twenty-flre cents; for every carriage or other Tehicle with one horse, accompanied by not more than two persons, serenty-five cents, and for each person more than two, twenty-five cents; for a sulky and one horse, seventy-five cents; for each head of cattle, or horse, in addition to those mentioned above, twenty-Uve cents; for every head of sheep or swine, in droves of not less than fifty, five cents; in droves of not less than twenty nor more than fifty, seven cents; in droTes of not less than ten nor more than twenty, ten cents ; in droves of not less than ten« fifteen cents; for every foot passenger, twenty-five § 5. If any higher rate of fen'iage than is herein prescribed shall be Penalty taken by the said Erminda 0. Ooodwin, her heirs or assigns, or any ^^ces^? person or persons in her or their employ, the person ofiending shall for- fen^agre. fett and pay to the injui*ed party the sum of five dollars. § 6. If any person or persons shall transport across said lake any per- Penai- son^ horse, carriage or other vehicle, chattel, package, or any head of ^%^. cattle, sheep or swine, between the places mentioned in section one of £5^',^ this Bct, or within a distance of not exceeding three miles north or south ^ ^* of a right line connecting said places, except as hereinafter provided, snch person or persons first mentioned in this section shall forfeit and pay to snch party as may own such ferry, at the time of snch offense, the sum of five dollars for each and every person, horse, carriage, chattel, package and head of cattle, sheep or swme so transported across said hike. The provisions of this section shall not apply to steamboats mak- Btghts ois ing regular trips up and down Seneca lake, and nothing herein con- J^£ tained shall prevent any person from crossing said lake in his own boat, or transporting his own property within the bounds aforesaid. g 7. The person or persons entitled to the penalties or forfeitures Penalties mentioned in sections three, five and six of this act may sue for and coortsre. recover the same before any justice of the peace, or magistrate having oovered. Tkizanoe thiereof. ^ The legislature may at any time alter, or amend or repeal this act a74 LAWS OP NEW YC«K. [Chap. 8W. Chap. 320. AN ACT to amend an act entitled ^* An act authorizing • and providing for the election of a police justice and a police constable in the village of Addison in the county of Steuben, and for the erection of a jail or lock-up therein/' passed March second, eighteen hundred and sixty-eight. Passed April 21, 1874; three-fifths being present The People of the State of New Tork^ represented in Senate and AaeenMp, do encuA as follows : Section 1. Section two of chapter eighteen of the laws of eighteen hundred and sixty-eight, entitled " An act authorizing and providing for the election of a police justice and a police constable of tne village of Addison in the county of Steuben, ana for the erection of a jwl or lock-up therein,'' passed March second, eighteen hundred and sixty- eight, 18 hereby amended so as to read as follows: jnnBciic- § 2. The police justice shall have iurisdiction to hear complaints and poUoe'jiiB. t^ conduct examinations in criminal cases arising in the town of Addi- tice. son, and to try criminal cases arising in said town as a court of special To keep sessions, and shall keep his office in the village of Addison for the trans- an office, action of busiucss, and sh9.ll be entitled to the same fees as justices of Fees. the peace for the same services. ' 2. Section three of said act is hereby repealed. 3. This act shall take ejSect immediately. Chap. 221. AN ACT to authorize |the construction and use of a rail- road from the Thirty-fourth street ferry to the Ninety- second street ferry, in Long Island City, and through certain streets and avenues in the fourth ward of said city. Passed April 21, 1874. The People of the State of New Yorkj represented in Senate and Assembly y do enact a^ follows: Haiiroad, Sectiok 1. Henry 6. Sillick, Jr., G. O. Hubball, H. N. Sherwood* Son'^th. Gilbert Palmer, Charles Powell, A. Gallatin Stevens, Peter G- Van Alst, orised. William- Bridge, J. D. Smedlev, Jonathan Peck, Sylvester Gray, John MoAloney, Stephen Halsey, Jr., Henry Trowbridge, Henry Johnson, and their assigns, are hereby authorised and empowered to lay, con* struct, operate and use a railroad with a double or single tracl^ to be Bate of propellea by horses, and to convey passengers thereon for compensation^ ^•^' which compensation shall not exceed six cents for any one passenger ; Termini Commencing in Borden avenue, formerly Ferry street, in Hunter's androate. Point, at the eastern boundary of the land owned by the East Biver Ferry Company, and running thence through Borden avenue aforesaid to Vernon avenue, formerly Central avenue ; thence through Vernon avenue to the Boulevard, formerly Sunswick terrace ; thence through Cbap. 222.] NINETY-SEVENTH SESSON. 375 tbe Boulevard to Falton avenue, formerly Fulton street, and thence through Fulton avenue to the Ninety-second street ferry, in Long Idand City ; and also through and along such other streets and avenues in the fourth ward of said city as the common council, with the con- Pennis. sent first to be had and obtained of the owners of two-thirds in value ommon of the property fronting on such streets and avenues in said fourth conncu ward, may permit^ with the privilege of laying all necessary sidings, Mntof"* tnraouts, connections and switches, for the proper working and accom- owners. modations of the said railroad over and along the routes aforesaid. § 2. Said persons and their associates are hereby required, within one Coipora- month after the passage of this act, to organize as a corporation under a^'hoir^ the general railroad act, and such corporation when so formed shall to beor- hsTe the powers and be subject to all the provisions of said act not ^^*^ inconsistent herewith, except the following sections, or any amendments thereof, namely, the twenty-seventh, thirty-first, thirty-fourth, thirty- seTenth, thirty-eighth, thirty-ninth, fortieth and forty-fourth, and except also as to the number of associates required by t£e first section of said act The said corporation shall make an annual report to the Annnja State Engineer and Surveyor, in such manner and form as he shall ^^J^^ reqoire. § 3. If the said corporation shall not, within six months after its conttmo articles of association are filed and recorded in the office of the Secre- ^^^^ tary of State, begin the construction 'of its road, and expend thereon ten vhonto per cent on the amount of its capital, or shall not finish the road and andflo?*^ pat it in operation in one year from the time of filing its articles of ^^^^ aasociation as aforesaid, its corpoi*ate existence and powers, and all rights Forftit- conferred by this act, shall cease. ^^* ^ 4. The legislature may repeal or from time to time alter or modify this act § 5. This act shall take effect immediately. Chap. 333. AN ACT to amend "An act to authorize the trustees of the village of Flushing to issue bonds and raise money for the purchase of a steam fire-engine, and for the map- ping and establishment of lines and grades for the streets and public places in said village," passed April eighteenth, eighteen hundred and seventy-two. Passed April 21, 1874 ; three-fifths being present 3%6 People of the State of New Torky represented in Senate and Assembly f do enact asfoUcws: Section 1. Section three of '^An act to authorize the trustees of the Tillage of Flushing to issue bonds and raise money for the purchase of a steam fire-engine, and for the mapping and establishment of lines and grades for the streets and public places in said yillage,'' passed April ei^teeDth, eighteen hundred and seventy-two," is hereby amended to read as follows : § 3. The said trustees shall have power to locate all the lines of the T«ocation atreets, roads and ayenues, and to establish the grades thereof, as well offtmf4' tiiose now laid out as those hereafter to be laid out and opened in said Ac. Tillage of Flushing. The said trustees shall designate the said streets, a76 LAWS OP NEW YORK. [Chap. 222. roads and avenues of such width, extent, direction and grade as to them shall seem most conducive to the public good ; and shall place suitable monuments, wherever they shall deem it necessary, to show the true location and grade of any street, road or avenue so laid out by Surveys them. They shall cause a survey or surveys to be made of said village, andmape. ^^^ shM first cause two maps to be prepared, which shall accurately show the lines of all such streets, roads and avenues, as well those now laid out as those to be designated by said trustees for future laying out and opening, as above provided, their width and distance from each other, and also the location of any and all auch monuments placed as Power of beforesaid. For the purpose of carrying out of the provisions of this enter'^im s^^^^lon it shall* lawftil for the said trustees and tne persons acting lauds. under their authority to enter into and upon any land, tenement or . hereditament which tney shall deem necessary to be surveyed or entered Maps, upon for that object Such trustees, or a majority of them, shall, by a anthen- Certificate signed and ackuowledged by them, or a majority of them, ticnted. before any omcer authorized to take acknowledgment of deeus, authen- ticate the said maps as those made in pursuance of the provisions of Where to this act, and shall file one thereof in the office of the clerk of Queens bcflied. county and the other thereof in the office of the clerk of the said Tmstoes village of Flushing. The said trustees shall also divide the village into Tillage'*^ such number of sections as to them shall seem most conducive to the into 660- public good, and shall cause to be prepared two maps of each of such ^^' sections accurately showing the grades of the respective streets, roads or avenues in each of the said sections, as well those now laid out as those designated by said trustees as aforesaid for future laying out. Said two maps shall be authenticated and filed as is provided aforesaid for the authentication and filing of the map showing the lines of the several streets, roads and avenues. And it shall be lawful for the said trustees to combine the several maps showing the lines and the grades respectively of the several streets, roads and avenues as aforesaid, on one map, or to authenticate and file them separately, as may to them Perma- seem most advantageous for the public good. And upon the filing of ofs^^eta^ said maps showing the lines of said Greets, roads and avenues, it is Ac. ' hereby declared that the said streets, roads and avenues shall form and be the permanent plan for laying out and opening the streets, roads Grade of and aveuues in said village, and upon the filing of the maps showing J^®^ the grades of the streets, roads and avenues of any one or more of the sections hereinbefore provided, it is hereby declaimed to be the permanent and established grade of the streets, roads and avenues of such section or sections, and the lines and grades as established by the filing of the several maps as aforesaid shall not be altered save by resolution of the Expenses, board of trustees of said village. The expenses of such surveys, paid.*** ^ maps, monuments and matters connected therewith, not exceeding six thousand dollars, shall be paid out of the money authorized to be borrowed by section one of the original act of which this is an amendment ^ § 2. This act shall take efiect immediately. • So in originaL Chap. 224.] NINETY-SEVENTH SESSION. Ji7T Chap. 323. AN ACT for the removal of certain old burial grounds in the village of Amsterdam, Montgomery county. Passed April 21, 1874; three-fifths being present. The People cf the Bktte of New Tork, represented in Senate and Ae9enMy, do enctct aa foUoios : Sectiox 1. The trustees of the Oreen Hill Cemetery Association ofTmstees Amsterdain, in the county of Montgomery, are hereby appointed and moveand constituted commissioners, with full and ample powers to cause the {jH"^*^ bodies interred in the old burial gronilds situate on Market street in ^' said Tillage, adjoining the lands of Thomas Bunn, as the same is now inclosed, to be taken up and removed and properly re-inteiTed in the Green Hill Cemetery in said Tillage, in such lot or lots as the said com- missioners shall for that purpose designate or procure; to appraise the Appi yalue of the aforesaid burial grounds, after the removal of the bodies ^„^ >ra{8nl sale of gronnds. therefrom, and to sell the same at such appraisal, with privilege to the original owner first, and to execute proper conveyance therefor and to apply the proceeds of such sale, or the moneys ansing therefrom, toward Prooeeas. defraying the expenses of said removal and re-interment §^^ This act shall take effect immediately. Chap. Q24. AN ACT to repeal chapter four hundred and forty of the laws of eighteen hundred and seventy-three, entitled " An act requiring commissioners of highways to act as inspectors of plank-roads and turnpikes," so far as the same relates to the counties of Clinton, Chenango, Sen- eca, Queens, Orange, Essex, Cayuga, Madison and Steuben. Passed April 21, 1874; three-fifths being present The People of the State of New Torky represented in Senate and AeeertfMy, do enact aa follows : Section 1. Chapter four hundred and forty of the laws of eighteen Bepeau hundred and seventy-three, entitled ''An aot requiring commissioners of highways to aot as inspectors of plank-roads and turnpikes," passed May eighth, eighteen hundred and seventy-three is hereby repealed so far as the same related to the counties of Clinton, Chenango, Seneca, Queens, Orange, Essex, Cayuga, Madison and Steuben. § 2. This act shall take effect immediately. S78 LAWS OF NEW YORK. [Chap. J86. Chap. 225. AN ACT in relation to the police court and police justice of the sixth police district of the city of New York. Paaaed April 21, 1814 ; thiee-flfths being preflent. The People of the State of New Yorh^ represented in Senate and Aaeembly^ do encLct asfoUowa : Poiioe Sbction 1. All laws applicable to the polioe courts and -pohce justices BhSh po- ^^ *^ ^*y of New York shall apply to the polioe court and polioe jus- ^Vn T ^^^^ ^^ sixth polioe district of the sidd dly, and in additional^ to city/ ' ' the iive polioe clerks now authorised by law to he appointed in and for Addition- the dty and county of New York, a police clerk shall be appcanted in cie%^to ^^ same manner as such officials are now appointed for the polioe be ap- courts of the said city, and shall be assigned to the sixth police district, po nted. ^^^ ^^11 1^ subject to and governed by the same laws and regulations as are applicable to such officials of such other courts. Police Jos- ^ 2. The police justice of the said sixth police district shall be a mem. 9ixVdi8- ^' ^ ^^® board of police justices, constituted by and under chapter tiiot. five hundred and tlurty.eight of the laws of eighteen hundred and seventy-three. Repeal. ^ 3. AH acts and parts of acts inconsistent with the provisions of this act are hereby repealed. ^ 4. This act skill take effect immediately. Chap. QQ6. AN ACT in relation to the New York Institution for the Blind. Passed April 21, 1814 ; three-fifths being present The People of the State of New York^ repreeented in Senate and Assembly y do enact oa follows : Addition. SECTION 1. The Now York Institution for the Blind is hereby author. to ^kB^ ^^ to take, hold, transfer, and convey, for the purpose of its corpora. and hold tion, in addition to the property now held by it, all such other property, propertyf real and personal, as has heretofore been given, devised, bequeathed^ subject to all provisions of law relating to devises and bequests, or conveyed to it, or may at any time hereafter be given, devised, bequeathed, or conveyed to it by any person or persons whomsoever, for the sole use of said institution. \ % This act shall take effect immediately. •So in orlgiMd. Chap. 227.] NINETY-SEVENTH SESSION. 379 Chap. 227. AN ACT to provide for the purchase of a new school- house site and erection of a new school-house thereon, and for the sale of the present school-houses and sites in school district number two of the town of Kinder- hook, county of Columbia. Passed April 21, 1814 ; three-ftfths being present. The People of the State of New Tork^ repres&tUed in Senate and Assembly y do enact as fdlloiba : SscnoK 1. The board of trustees of school district nnmber two of Tnutoes the town of Kinderhook, Oolnmbia county, shall have the power to ^w mo^' boriow a sum of money not exceeding six thousand dollars, and to ^^y ^^ expend the suae in purchasing a new scbDol-house site in said district, ll^hoof-^^ and iu meeting thereon a new school-hoase for said district, and in ^o<>*«>- famishing and fitting up the same for school purposes. § 2. The said boara of trustees and their successors, in their official Bonds, oapaeify, shall have the jxjwer to issue bonds in such sum or sums as tbey may deem proper, but not exceeding in amount six thousand doliam (under ana within the restrictions Mreinafter mentioned), and sell at public sale the same, or any number thereof, to sudi i)erson. or Smiettiore- pereons, body or bodies corporate, as shall loan the said sum of money, ^'' or any jxurt thereof, pledging the £Edth and credit of the said school distarict therefor, for the purpose of securing the payment of such sum, or any part therec^, as may be borrowed as aforesaid, together with the interost that may become due thereon, at a rate not to exceed seven Rate of in. per oent. per annum ; the principal of said bonds shall be made payable hcmpa^ at the rate of one thousaiid dollars in each year, commencing in the >bie. year ^^teen hundred and seventy-six. The said bonds shall not be sold tofr lesa than par value. ^ 3. The said board of trustees and their successors in office, for the Taxftr purpose of paying said bonds and the interest that may grow due Sr b!^*. theraoQ, are authorized and empowered to raise, by tax unon the taxa- Ue property of such school district, such principal ana interest as Ibllowa, namelv : they shall, annually, until the principal and interest of said bonds be Ailly paid, in addition to such sum as they may be entitiied to raise, levy and collect under the statutes of the State of Neur York relating to common schools, and in the same manner and at the same time as is now provided by said statutes, levy, raise and eollect a sum suffideut to pay the interest of all outstanding bonds for the year, and in addition to said sums thev shall annually raise the sum of one thousand dollars to pay the xnincipal of the bonds falling due in.sadi year. ^ 4. The said board of trustees and their successors in office shall Tmsteot have .the sole power to select and, with the moneys so raised, to nur. l^d'j^r- chase such new school-house site, and to select a plan or plans, ana to ^^^ ^^ award all contracts for the building of said new school-house, and to S^a^ furnish and to fit up the same for use, exx)ending the sum of money so ^^^^iJi! to be raised in such proportions for the various purposes above men- tng, ac. * tioned, as to them shall seem proper. And they and their successors shall have generally sole charge and control of and over the work and proceedings incident to the purchasing said site and the buUding and 280 LAWS OF NEW YORK. [Chap. 227- Woiic to fumisbing said acbooUbouse, The said work, however, of oonBtructing nndttr^ooa. ^^ ^^^ BchooUhouse shall be done under and by ooutract witb« the gj^twith lowest bidder or bidders, and sealed proposals for doing all the car- dS^ 'penter's, mason's and painter's work required shall be solicited by advertisement, to be printed, onc5e in each week, in the ** Kinderbook Advertiser,*' for at least four weeks before the awarding of such con- tracts, and in such other manner as the said board of trustee may think proper. And the said board of trustees, or their sucoessors, may establish such rules or terms in the awarding of such contracts as to them may seem necessary to promote the interest of said school district. . Sale of ^ 5. The said board of trustees and their successors shall have the •6^*o\^ power to sell and dispose of the present school-houses and sites, in and anS^rit belonging to said district, at public or private sale, upon such terms ' ^' and conditions as to them shall seem most proper and advantageous. Proceeds, and to execute all needful conveyance therefor, and all moneys and proceeds arising from sudi sale shall, with the moneys so borrowed, be expended towards the purchase of such new site and the erection, completion and furnishing said new school building hereinbefore pro- vided for. Anprovai ^ 6. The said board of trustees and their successors shall take no steps Uy o?vl>^ in pursuance of the provisions of this act until the same shall be *®**- approved by a majority of voters of said school district number two entitled to vote at school district meetings, voting at a spedal or annual school district meeting to be called and held by said board of trustees at the present lower public schooUhouse in said district, alter SoUe^ of giving at least twenty days' notice of such meeting by posting the same meeting. ^^ at least six public and conspicuous places in the said school district, and bv publication of such notice in the '^ Kinderbook Advertiser," onoe c^ara of a Week for two weeks. The said meeting shall be held from the boor meeting, of two o'clock in the afternoon until seven o'clock in the evening, during all which time the poll shall be open and shall be conducted in all other Ballot, respects as now provided by law. The said board of trustees shall provide a box for said meeting in which to receive the ballots herein- Ballots, after mentioned. The ballots shall contain the words, ^' In &vor of new school.house," or '^ Opposed to new schooi-house." If a majority of the ballots cast at such election shall contain the words, ** In &vor of new school.house," the approval aforesaid shall be considered as given. CanvMsofSaid ballots, voted as aforesaid, shall be canvassed by the said botfd of baiiota. trustees or a majority of its members ; and the said board shall keep a Be^rdto record of the proceedings of such meeting, and shall file the same, *Qd flE»d. together with a certificate of the result of such election, in the office of the town clerk of said town, within ten days after such meeting shall SQbse- be held. In case at the election so held the approval aforesaid shall gnenteioe- ^^^ ^ obtained, it shall be lawful for such board of trustees to call and hold subsequent elections within three years after the passagH of this act, in all respects to be called and conducted as prescribed for said first election ; but no succeeding election shall be held within three months of the time of holding a preceding election under this "act. ^ 7* This act shall take emot immediately. Chap. 229.] NINETY-SEVENTH SESSION. 281 Chap. 238. AN ACT to release the interest of the people of the State of New York in and to certain land situate in the city of Buffalo, to Gertrude Theile. Passed April 21, 1814 ; by a two-third vote. The People of the State of New York, represefited in Senate and Assembly y do enadi asfoUoics : Section 1. The interest of the people of the State of New York, of, Title of tiie in, and to all that tract or parcel of land situate in the city of Buffalo, JJ^di^n Erie county, New York, -miich was conveyed to Anthony Theile, late Bnirnio re of said city of Buffalo, by warranty deed, dated January seventh, eigh- ^®**®^- teen hundred and iifty-nine, recorded in the Erie county clerk's o£^ce on the tenth day of January, eighteen hundred and fifty-nine, in liber one hundred and ninety-four of deeds, at page fifteen, is hereby released to and vested in Gertrude Theile, the wife of the late Anthony Theile, .deceased, and her heirs and assigns forever, subject to any incumbrance that may be on said land at the date of this act. ^ 2- Nothing herein contained shall be construed to impair, release, Eighteof or discharge any right, claim, or interest of any creditor, by mortgage, ^^c.f not**' judgment, or otherwise, or by any heir-at-law, or devisee in said real impaired. estate. \ 3, This act shall take effect immediately. Chap. 229. AN ACT to confirm the official acts of Philander H. Well- man, a justice of the peace of the town of Harmony, in the county of Chautauqua. Passed April 21, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do emut asfoUotos : Section 1. All the proceedings that have been had by and before official Philander H. Wellman, a justice of the peace of the town of Harmony, ^^^V^^^^' in the county of Chautauqua, and all official acts done by him since the first day of January, one thousand eight hundred and seventy-two, fliiall be held of the same force and validity as if the said Philander H. Wellman had duly taken the oath of office in the manner and within the time prescribed by law. ^ 2. The clerk of Chautauqua county is hereby authorized to admin- official later the usual oath to said Wellman, as justice of the peace for the ^^^^ town of Harmony, within twenty days after the x>assage of this act, and all the liabilities and forfeitures incurred by said Wellman, for having exeeated any of the duties of the said office of justice of the x)eace with- out hflinn|f taken the oath of office in the manner and within the time pfescribea by law, are hereby remitted. ^ 3. This act shall not affect the right of any party to any suit or legal proceedings which may have been had or commenced in consequence of the invaliaiiy of any proceedings before the said justice previous to its ^4. This act shall take effect immediately. 19 *28a LAWS OF NEW YORK. [Chap. 230. Chap. 330. AN ACT to amend an act entitled " An act supplemen- tary to the act entitled *An act to incorporate the Hebrew Benevolent Society of the city of New York/ passed February second, eighteen hundred and thirty- two/* passed April twelfth, eighteen hundred and sixty. Passed April 21, 1874. The People of the State of New York, represented m Senate afid AasejiMy^ do eTiact as follows: Section 1. Section four of the act entitled " An act supplementary to the act entitled * An act to incorporate the Hebrew Benevolent Society of the city of New York,* i)a88ed February second, eighteen hundred and thirty-two," X)assed April twelfth, eighteen hundred and sixty, is hereby amended so as to read, and the same shall hereafter gread, as follows: Tmstees \ 4. The trustees, for the time being, of said corporation shall have Se'controi *he sole and exclusive custody and control of the persons of such or certain orphans, half-orphans, or indigent children of the age not exceeding ami*uJ(fi- thirteen years, as they may agree to maintain, provide for, educate, ana Sren^**" instruct during the minority of such orphans, half-orphans, and indi- gent children, provided, that in respect to any orphan, its legal guar- ProTiao. diau Or nearest relative, or one of the governors of the almshouse, and in respect to any half-orphans or indigent children, the parents or sur- viving parent, or legal guardian, shall consent, in writing, to such child being maintained, provided for, educated and instructed by said society, or that such half-orphan or indigent child shall be committed to the care and custody oi said society by any court, magistrate, or ' police justice of the city of New York, in any case where such court, magis. trate, or x)olice justice shall acquire jurisdiction under any law of this Commit- State ; and in such case such court, magistrat^e, or police justice shall coarto^and havc the like power and authority, with the consent of said trustees, to niagid- commit to the care and custody of said corporation as can now be exer- rates. ^igg^ |q regard to any other public institution ; and the said corpora- tion can, by agreement and transfer from every other institution hav- ing the legal custody of any orphan, half-orphan, or indigent children, obtain the care and custody of such child or children in like manner as Trastoes by such aforesaid consent or commitment, and the said trustees shall prentice, have the power and authority, on the arrival of any such orphan, half- orphan or indigent child at the age of thirteen years and upwards, to bind them out to be taught and instructed in some necessary or useful Ternu and employment, on such terms and restrictions, and to such x)erBons, and ^iona pow. upou such couditious as the said trustees may deem proper ; and the ers, ic. said corporation is hereby vested, in respect to the persons of all sach orphans, half-orphans, ana indigent children, with all the powers and authority conferred upon, and shall eigoy the same benefits, and receive for the care, education and maintenance of said orphans, half- orphans, and indigent children the like compensation now paid, and in the same manner as authorized by law, to the New York Jnvenile Asylum by the acts passed June thirtieth, eighteen hundred and fifty- one, x)assed July eighteenth, eighteen hundred and fifty-three, ])asBed April seventeenth, eighteen hundred and fifty-four, and jwussed March Chap. 232.] NINETY-SEVENTH SESSION. thirtieth, eighteen hundred and Bixty-six, so far as they are applicable to this section. \ 2. Thijs act shall take effect immediately. Chap. 231. AN ACT for the protection and preservation of fish in that portion of the Wallkill river in the counties of Ulster and Orange. Passed April 21, 1874 ; three-fifths being present. The People of the State of New Torky represented in Senate and AjuenMyy do etuict aafoUowa : Sbction 1. No x>er8on shall at any time take, catch or kill any fish Taking of whatsoever in that portion of the Wallkill river or its tributaries lying hibiteli ' in the coiinties of Ulster and Orange, with any net, seine, weir, fyke, tmp, gill.net, spear, snare, or any other implement or device whatso- Excep- ever, except a hook and line. ^***"' \ 2. Ajay x>erson who shall violate, or aid or abet in the violation of Penauty. the provisions of the preceding section, or incite or procure its viola- tion, shall, for each ana every offense, forfeit twenty-five dollars. \ 3. No person shall knowingly sell, or buy, or have in his or her selling or poesession any fish caught or taken in violation of the provisions of ^"^ *''*• this act, under a penalty of five dollars for each fish. \ 4. All fines or penalties imposed under the provisions of this act Fines and may be recovered, with the costs of suit, in the name of " The People Uoi^ie."* of file State of New York," before any justice of the peace in said coun- covered, ties of Ulster and Orange, and such fines, when collected, shall be paid, ^' one-balf to the x)ersou making the complaint, and the other half to the superintendent of the poor in said counties, and in case of non-payment imprtson- of auch fines or penalties, on rendition of judgment therefor, the defend- no^nia^y- ant or defendants shall be committed to the county jail for a period not men*- leas than twenty days. ^ 5. This act shall take effect immediately. Chap. 332. AN ACT in relation to the superior court of Buffalo. Passed April 21, 1814 ; three-fifths being present. The People of the State of New Tork, represented in Senate and AsaenMy^ do enact as follows : Section 1. The clerk of the superior court of Buffalo shall appoint Depnty some proper person as deputy clerk of said court, who shall hold his ^^^^f office during the pleasure of the clerk of said court ; and as often as BniraLo to SQcfa deputy elerk shall die, resign or be removed from oiBce, or remove tinted, from the dty of Ba&lo, or become incapable of executing the duties of fl^ oltioe, the said clerk shall appoint another deputy in his place. The deputy clerk shall receive a salary of one thousand dollars a year, HisBaiarj to be paid quarterly by the county of Erie. 4 2. The clerk of the said superior court of Bu&lo shall, if the judges special of aaid court deem it necessary for the proper transaction of the busi- ^^T^^^y* new of said court, also appoint some proper and suitable person as 084: LAWS OF NEW YORK. [Chap. 283. special depaty of said ooiirt, who Bhall hold his office in the same man- ner and subject to the same restrictions as to removal as the deputy His com- clerk of said court. The compensation of said special deputy clerk penaation. g^j^u ^ j^id by the clerk. Appoint- ^ 3. Every such appointment of deputv clerk, and of special deputy SaSe.****^'^ clerk, shall be in writings under the hand of the clerk and the seal of said court, and be filed m the office of said clerk. Dnties of ^ 4. Every x)erson when so appointed to the office of deputy derk or an5"pe- sp^i^l deputy clerk of said court shall perform all the auties apper- oiai (fep. tAining to the office of said clerk, under the same circumstances and "*^' restrictions as are by law provided in reference to deputy clerks and special deputy clerks of counties, respectively. Salary of § 5. The crier of the sux)erior court of Buffalo shall, in lieu of the com- crier. pensation now received by him, receive an annual salary of one thoa- sand dollars, to be paid quarterly by the city of Buffalo. ^ 6. This act shall take effect immediately. Chap. Q33. AN ACT to authorize the corporate authorities of the vil- lage of Hornellsville to borrow money for purchasing a steam fire-engine and apparatus for the same, and to secure a supply of v^rater therefor. Passed April 22, 1814 ; three-fifths being present Ths People of the State of New York, represented in Senate a^id Assernblf/, do enact a^ follows : President SECTION 1. The president and trustees of the village of Hornellsville, few may Steuben county, are hereby authorized to borrow on the credit of said borrow village, such sum of money, not exceeding the sum of ten thousand doU ^^^^y- 1^]^^ ag m^y \^ necessary for purchasing a steam fixe-eugine, hose, hose* carts or other suitable apparatus therefor, and to secure a supply of water for said engine by means of wells, cisterns or reservoirs, or by BonOF. pix)es ; and for the money so borrowed the said president and trustees are hereby authorized to issue bonds or certificates of indebtedness in the name of and under the seal of said village, and signed by the presi- dent and treasurer thereof, in sums of not less than one hundred dol. Interest, lars each, bearing interest at seven per cent, per annum, x)&yable annu- ally on the first day of July of each year : and such bonds or certificates Bonds, of indebtedness shall be classified and issued so that one-fourth part of bec^nne' the whole amount shall become due on the first day of July, eighteen dne. hundred and seventy-five ; and the balance shall become due in three equal annual installments thereafter, and the money raised or secured by the loan or sale of said bonds or certificates of indebtedness, at not less than x)ar, shall be used for purchasing a steam fire engine and appcu ratus therefor, and to secure a supply of water for the same, and for no Consent Other puirpose whatever; provided, however, that the poweis and pliers, c^tithority conferred by this acts shall only be exercised upon the con- dition that the consent thereto, in writing, shall first be obtained of tax- payers of said village owning or representing, as agent or otherwise, more than one-half of the taxable property of said vHlage, assessed and appearing upon the assessment roll of said village, for the year eighteen hundred and seventy-three, which consent must be proved or acknowl- edged in the same manner as conveyances of real estate, and filed with a copy of said assessment roll, certified by the assessors of said village^ CtaAP. 234.] NINETYSEVENTH SESSION. 285 in the office of the clerk of Steuben county, and the same or a certified Evidence. a>P7 thereof shall be evidence of the fact therein contained and certi- fi^ and received in anj court of this State, and before any judge or jistioe thereof. ^ 2. The trustees of said village shall make due provision by tax in tax for eaA year for the payment of the principal and interest falling due on 5* ^^J^ aaid bonds or certificates of indebtednes during such year, and said principal and interest shall be assessed, levied and collected in the same manner as other taxes in said village, and the money vrhen collected, riiall be paid to the treasurer of said village, and by liim applied to the payment of said bonds or certificates of indebtedness and interest, and to no other purpose whatever. And the said bonds or certificates of ^^^^ indebtedness and interest thereon, shall be made i>ayable at the office of ''*^* *' the treasurer of the village of Hornellsville. \ 3w This act shall take effect immediately. Chap. 334. AN ACT to amend an act entitled " An act for providing a site for an armory in the city of New York, for the use of the seventh regiment of the national guard of the State of New York." Passed April 22, 1814 ; three-fifths being present. The People of the State of New Yorkj represented m Senate and Assembly ^ do encu^ asfoUoioa : Sbction 1. The first section of chapter four hundred and thirty-one, laws of eighteen hundred and seventy .three, entitled *' An act for pro- vidiiig' a site for an armory in the city of New York, for the use of the fleveath regiment of the national euard of the State of New York," paiased May seven, eighteen hundred and seventy-three, is hereby ameiuied so as to read as follows : ^ 1. The commissioners of the sinking fund of the dty of New York certain e hereby authorized and required, immediately upon the passage of ^" y\ cit this act, to lease by due resolution and deed of lease, to the field officers, to'bV tor the time bein^, of the seventh regiment of the national ^uard of the '^^ ' Slate of New York and their successors in office, acting for said r^ment, gjyi fyr the public purposes of said regiment, the plat of ground Imnded by and situated between Sixty-sixth and Sixty-seventh streets and Fouith and Lexington avenues, in the city of N^w York, the same \mug a part of the lands or premises belonging to the city of New YoA, The field officers of said regiment are hereby authorized and empowered to accept said lease and take said site with the same effect S0 if a body corporate, to be thereafter exclusively held and used for parpotM. SB armory and ^11 rooms by said regiment. Such lease shall be made Form of gnlifllantially in such form as leases of land have heretofore been made ^^^^- w said G(»nmi88ioners for benevolent and charitable purposes, and amU be for a term of twenty-one yeus, with and at the nominal rental of one dollar per year. k % The second section of said chapter four hundred and thirty-one Repeal. of tbe laws of eighteen hundred and seventy-three, is hereby repealed. kS^ All acts and parts of acts ioconsisteut wil^ the provisions of this Repeau aet axe hereby repealed. ^ 4* This act shall take effect immediately. 286 LAWS OF NEW YOEK. [Chap. 235. Chap. 335. AN ACT to authorize the town of Oswegatchie to raise money to build a bridge over the Oswegatchie river, above the mill dam, in the city of Ogdensburgh, appoint- ing commissioners for that purpose, and providing means for payment. Passed April 23, 1814 ; thiee-fifths being present The People of the State of New Tork^ represented in Senate and AaaerMy^ do enact a^foUowe : Bridge Section 1. Amamh R James, William J. Averell and Hemy Rodee sSnS^ are hereby created bridge commissioners for the town of Oswegatchie, created, in the county of Saint Lawrence, with power and authority to raise Their money on the credit of said town, and construct a bridge from the east powers, bank over the Oswegatchie river, in the city of Ogdensburgh, on the site of the present bridge above the mill-dam, with the right, if they shall see fit, to extend on the west side over the railroad toick on the west side ; said bridge to be of such size, plan and materials as they shall elect, and for sudi purpose said commissioners are invested with all the powers of highway commissioners of taxes, so far as shall become neces. Cornpen- sary in the prosecution and completion of said work, and for their aer. satioa. vices Said commissioners shall be entitled to receive three dollars pep day for each day employed. Bonds, $ 2. For the purpose of raising money to erect said brid^, such com* Sonon ' missioners are authorized and empowered to issue the bonds of the said may issne, town of Oswegatchie, in such sums as they shall elect, with or without coupons attached, to an amount not exceeding twenty thousand dollars, for a term not exceeding twenty years, at a rate of interest not exceed- ing seven per cent, per annum, with power to sell the same at not less than par ; such bonds, for principal and interest, to be ^yable annu. ally, on the first day of February in the year or years in said bonds specified ; such bonds to be subscribed by such commissioners as com- missioners. Annnai § 3. Said commissioners shall, on the first Monday of November in »«Fort. each year, until such bridge shall be completed, make to the board of audit of said town of Oswegatchie a report of the number and amount of the bonds issued by them ; when the same will become due ; and the sums required to beWsed to meet any principal, interest, or either, to become due on the first day of the February then next, which report Board of shall be filed with the town clerk, and the board of audit at its next makV(^r- ^-unual meeting, upon the authority of said rejKDrt, shall make and sub- tsoeate. scrlbe certificates in dupli(»,te of the amount required for said purpose to be raised at the next annual meeting of the board of supervisors of said county, and deliver the same over to the supervisor of said town, <;ommis- to be by him laid before said board of supervisors. And on or before Jinde" ^ *^® ^^* Monday of November, after such bridge shall be completed, ^wom said commissioners shall render to said beard of audit a statement on «f bSnds.* oath of all the bonds issued by them, with their date, time of issue, •*«• when they will become due; also an account of all moneys received, from what source, and for what purpose expended ; whidi statement ihit7 of shall be filed in the town clerk's oi&ce ; and it shall be the duty of the l^^ ^^ board of audit of said tovm, at its annual meetings thereafter, until the Chap. 236.] NINETY-SEVENTH SESSION. 287 principal and interest of all bonds iasned a^ herein authorized are fully paid or provided for, to cause the necessary certificates in duplicate of the amount required to be raised upon said town, to meet the principal and interest to become due on the then next succeeding February, to be made and signed, one copy of which shall be deliverea to the super- Tisor of said town, to be laid before the board of supervisors at its next annual session. And the board of supervisors of the county of St. Law- Bourd of renoe, at their next annual meetings thereafter, are hereby authorized SJItTievy and required, ux)on the presentation of such certificates of the board of tax. aadit, to cause to be levied and collected in each year the sum therein leqoiredyupon the taxable property of said town, as other town charges are collected, and direct the same to be paid over to the supervisor of mi town on or before the first dav of February then next, to be by him forthwith applied in payment of such bonds and interest. ^ 4. In case of the death, removal or resignation of either of the com- vacaocy. miasioners herein named, the supervisor and justices of the peace of ^owJjn«d. said town, or a majority of them, including the supervisor, are hereby empower^, and it shall be their duty, forthwith to fill such vacancy. \ 5. This act shall take effect immediately. Chap. 236. AN ACT to incorporate the Metropolitan Safe Deposit Company of the city of New York. Passed April 23, 1814. The People of the State of New York, represented in Seriate and AffsetrMi/y do enact asfoUotoa : Sbctiox 1. David P. Baker, John McKewen, J. Clark Wheeler, corpora- Thomas Swift, Archibald Turner, Matthew Drum, George Ross, Charles ^"• Wilkinson, Robert F. King, William B. Brown, Thomas McGerrity, Joseph Mc^uire, John G. Cary, their associates, successors and assigns, and all other persons who shall become stockholders in the corporation hereby created, are hereby constituted a body corporate by the name And style of the Metropolitan 8afe Deposit Company, of the city of corporate New York, to be located in the city of New York, and shall possess, bSSneS*^ as such corporation, the general powers and privileges, and be subject location. to the restrictions and liabilities contained in title three, chapter eighteen of part one of the Revised Statutes. \ 2, The a&irs of said corporation shall be managed by a board of Board of ten directors, all of whom diall be stockholders of said company to an <*irec^rt- amount not less than one thousand dollars. And the persons named pint in the first section of this act shall constitute the first board of direc- ^I'^^o^ tois of the said corporation, and shall hold office for one year, or until others shall be elected in their places. The said corporation shall be deemed to be organized by the election by the first Ixmrd of directors of a president mm their own number, and of a secretary, who may also be a director. \ 3. The capital stock of the said corporation shall be one hundred capital thoQsand dollars, to be divided into shares of one hundred dollars each, ^^^^' with power to the stockholders to increase the same, at any time, to five hundred thousand dollars ; and the board of directors shall open snbscrip- hooks for subscriptions to the said stock, and the same, may be sub- ^^^^' ttribed for and held by any person or persons ; and when one hundred 288 LAWS OF NEW YORK. [Chap. 237. AVhon to thousand dollars shall hav^ been actually paid in, in cash, the badness. Company may proceed to business under its charter, objeofas. § 4. The business and general objects of the said corporation shall be to take and receive from any individual oor corporation, on deposit, for safe-keeping and storage, gold and silver plate, jewelry, money, stocks, securities and other valuables, and personal property, and may have power to collect coupons, interest and dividends on said above described securities, and to rent out the use of safes and other recepta- cles on their premises, upon such terms and for such compensation as may be agreed upon. Power to ^ 6. Said corporation shall have power to purchase or lease and hold estatef ^^ such real and personal estate as may be necessary and convenient for the accommodation and transaction of its business. Personal ^ 6. The Stockholders of the ccMupany incorporated by this act shall ltock*^^**^l>6 liable, in their individual capacity, for the x)ayment of the debts koiden. and liabilities of such company, for an amount equal to the amount of stock they have severally subscribed or held in said company, over and above such stock, to be recovered by the stockholders who are such when the debt is contracted, or the loss or damage is sustained, Contriba- or of auv Subsequent stockholder. And any stockholder who may *^^"' have paid any demand against such company, either voluntarilv or by compulsion, shall have a right to xeBcari to the rest of the stockholders Dissoin- who Were liable to contribution. And the dissolution of the said tion.oflrect^j^pj^jjy shall not release or affect the liability of any stockholder which may have been incurred before such dissolution. § 1. This act shall take effect immediately. Chap. 237. AN ACT to incorporate the Kingston Savings Bank. Passed April 23, 1874. The People of the State of Neto Tork^ repi'esented i?i Senate and Aasembly^ do enact a^ follows : Corpora- SECTION 1. Jacob R Van Dusen, Augustus T. Newton, Henry C. Con. ^^* nelly, Robert Loughran, James Van Leuven, James Myer, Jr., William H» Romeyn, George 8. Coutant, Lndns Lawsou, Michael Hallahan, Luke Noone, Isaac Bernstein, Abraham H. Vaudling, John R. Freer, James S. Pine, Charles H. Clearwater, Frederick W. Ingalls, William H. Fredenbergh, James H. Van Demark, Benjamin Turner, Jacob Freileweh, Augustus Schoonmaker, Jr., and their successors, shall be and they are hereby constituted a body corporate and politic, by the Corporate name of the E^ingston Savings Bank, to be located in the city of Kings. boSnees^^ ton, Ulster county, and by that name shall have perpetual suocessioiiy locatiou. and may sue and be sued in any of the courts of this State. First tms- ^ 2. The persons named in the first section of this act shall be the ^^^' first trustees of the said corporation, and all vacancies in the ofikse of vacan- trustee shall be filled by the board, by ballot, without uaneoessary Siied!'^^ delay, and the vote of a majority of the remaining members of the Number boaid shall be necessary to elect a trustee. The boara of trustees may, maTbe^^ by resolution, reduce the number of trustees to any number not lei« roiloced. than nine, to take effect when vacancies occur by death, resignation or otherwise. Presideot ^ 8. The business of the said corporation shall be managed and pr^dont directed by said board of trustees, who shall elect from their number a Chap. 237.] NINETY-SEVENTH SESSION. 289 praaident and two vioe-preBidentSy and may elect from tlieir number, to be eiec- or otherwise^ such other offioens as they may deem expedient ; and the ^^' Tote of a majanij of a full board of troBtees shall be requisite for the salaried appointment of any officer receiving a salary therefrom, or to fix or to Sow^ap- incieaae the salary of any oihcer ; but such majority shall be composed pointed, eijcliidve of any trustees receiving any salary or compensation for ser- Tiees as officers of said corporation. ^ 4 No trustee shall, directly or indirectly, receive any pay or emolu- Trustees meat for his services, and no trustee, officer or servant of said corpora- So'pav!^^ tioQ shall directly or indirectly, for himself or as the agent or partner ofliceV or of otheis, borrow any of the funds of said corporation, or its deposits, uoV^"^ orinany manner use the same or any part thereof, except to make bonow necessary current payments, or to make investments, or to deposit for ^'^^' *^" safe^, under the Erection and by authority of the board of trustees ; Qor shall any trustee, officer or servant of said corporation be an indorser Not to be or flmety, or in any manner be an obligor, for moneys loaned by or ^^^' borrowed of the said corporation. ^ 5. A quorum of said board of trustees shall consist of -not less than Basinebs 'five, of whom the president or one of the vice-presidents shall be one ; *i«o"^™- and it shall be lawful for the trustees, in their by-laws, to provide for a lai^ger quorum ; but less than a quorum shall have power to adjourn from time to time, or until the next regular meeting. ^ 6. A regular meeting of the board of trustees shall be held once in Monthly each month, to receive the reports of their officers and transact such "»«e*»n«rs. oilier business as may be necessary ; and the trustees may, in their by- special laws, provided for calling special meetin^^, and any trustee omitting to ™o«'»»»s- atiend the regular meetings of the board for six months, unless pre- vioQsly excused by a vote of the board, shall thereby vacate his office as trustee, but may, in the discretion of the board, be eligible to a re- electiOQ. \ 1 The board of trustees of said corporation shall have power, from By uws. tine to time, to make such by-lavm, rules and regulations as they may think proper for the election of officers, for prescribing their respective powers and duties, and the manner of discharging the same, for the appoiatment and duties of committees, and generally for transacting, muaging and directing the afhirs of the corporation ; provided, such ProTiso. hy'-laws, rules and regulations are not repugnant to nor inconsistent ^nth the provisions of this act, the Constitution and the laws of this State or of the United States. k & The general business and object of the ccnrporation hereby crea- objects, ted shall be to receive on deposit any sum or sums of money that may be offered fiv that purpKMSe by any x)erBon or x)er8ons, or by any relig- . ions or charitable eorporations or societies, not to exceed five thousand Limit or dollars from eadi individual or association, and to invest the same, and fits thereof^ only as bow^ to be follows, to wit : made. 1. In tiie fltoeks or bonds, or interest-bearing notes or certificates of v, s. fte United States. "^°^'"- 2. In the stocks or bonds, or evidences of debt bearing interest, of state thisStateu '^'^ 290 LAWS OF NEW YORK [Chap. 237. City and 8. In the stocks or bonds of any city or county of this State, issued bondflf pursuant to the authority of any law of this State ; but not exceeding ten per cent, of the assets of the corporation shall consist of city or county bonds. Bondsnud 4. In bonds secured by mortgages on improved, unincumbered and ^as. productive real estate, situate in this State, worth at least twice die amount loaned thereon ; but not to exceed tifty per cent, of tiie assets of the corporation shall consist of such bonds and mortgages. Povrer to 5. It shali be lawful for the corporation to purchase, lease, hold and fc^e^hoiti oonvey real estate only as follows : 1. A lot and banking-house requi- niidcW site for the transaction of its business, and for an income from such es^te.^ portions of the same as are not required for its own use. 2. Such as shall have been purchased at sales upon statute forclosure, or upon judg- ments and decrees obtained or rendered for money loaned ; and all such real estate as is described in the last preceding clause, ehsM be sold by the trustees within five years after the same shall be vested in the cor. poration, unless, upon application by the trustees, the Superintendent of the Banking Department shall extend the time within which such sale shall be made. Personal ^ 10. In all cases of loan upon real estate a sufficient bond, or other hove-^^^^ pei-sonal security, shall be required of the borrower, and all tiie expen* quired, ses of Searches, examinations and certificates of title or appraisals of value, and of drawing, perfecting and recording papers, shall be x^aid by such borrower. Baiidings. ^ 11. Whenever buildings are included in the valuation of any real estate upon which a loan shall be made by said corporation, they shall iiisnr- be insured by the mortgagor for at least two-thirds their value, in such ^"^®' company of this State as ^e trustees shall direct, and the ix>licy of Renewal, iusurauce shall be duly assigned to the corporation ; and it shall be lawful for said corporation to renew such policy of insurance, in the same or in any other company of this State, as they may elect, from year to year, or for a longer or shorter term, in case the mortgagor shall Expense neglcct to do SO, and may charge the same to him. And all the ueces- thereof a gg^y. charges and expenses paid by said corporation for such renewal or renewals shall be paid by such mortgagor to such corporation, and shall be a lien upon the property so mortgaged until jMud. Corpora- ^ 12. It shall be unlawful for the said corporation, directly or indi. deaun^ ^ rectly, to deal or trade in real estate in any other case or for any oth^ real or purpose than as authorized in the ninth section of this act, or to deal or estate^x- trade in any goods, wares, merchandise or commodities whatever, copt, Ac. except as authorized by the provisions of this act, and except such per. sonal property as may be necessary in the transaction of its business. Tempora. ^ 13. It shall be lawful for the trustees of the corporation, while ry loans, i^y^i^i^iug opportunity for the judicious investment of the moneys deposited with them, as authorized and required by this act, to loan the same, or any part thereof, upon the securities mentioned in section nine of this act, subject to the limitation contained in said section, but not exceeding ninety x)er cent, of the cash market value of such securities immedi- shall be loaned thereon ; and should any securities depreciate in value ihen^t^or ^^^^ making a loan thereon, it shall be the duty of the trustees to additional require the immediate payment of such loan, or a part thereof, or addi- aecar ^. ^.^^q^] security therefor, so that the amount loaned shall at no time exceed ninety per cent, of the market value of the securities pledged therefor. Deposits, ^ 14. It shall be the duty of the trustees of said coiporation, as soon ment o£ ^ practicable, to invest the moneys deposited with them, and die gains Chap. 237.] NINETY^EVENTH SESSION. 291 (V profits thereof, in the securities named in the ninth section of this ael) except an available fand of not exceeding twenty per cent, of the Excep. deposits with said corporation, which the trustees may keep to meet ^°^' canent payments, and which may by them be kept on deposit in any bank or banking association organized under any law or laws of this State or of the United States, or with any trust company incorporated bj aoy law of this State, upon such terms as may be agreed upon ; but the sum so kept on deposit in any one bank or trust company shall not Snm to be exceed twenty per cent of the capital of such bank or trust company, depoSt, and shall not exceed twenty-five thousand dollars or ten -per cent, of umiteu.' the whole amount of deposits with this said corporation ; or such availa- ble fond, or any part thereof, may be loaned by the trustees on call, or on notice not exceeding ten days, upon the securities and in the manner provided, in the last preceding section of this act.. \ 15. The sams deposited with the said corporation shall be repaid Repay, to the depositors thereof, or their legal representatives, at such times "epoalf- and with such interest and under such regulations as the board of trus- on. .tees shall from time to time prescribe, which regulations shall be put Regnia- and kept up in some conspicuous place in the room where the business ^**"** of the corporation shall be transacted, and shall also be print.ed in the nasB-book of each depositor, but shall not be altered so as to affect any' oeposit previously made. \ 16. Whenever any deposit shall be made by any x)erson being an Deposit alien or minor, or a female being or thereafter becoming a married femail "V woman, the same shall be held for the exclusive right and benefit of minor, sach depositor, and free from the control or lien of all persons what^ held.*** ^* soever, except creditors, and shall be repaid, together with the dividends or interest thereon, to the person making the deposit, and the receipt or Receipt, aoqoittanoe of such alien, minor or female shall be a valid and sufficient release and discharge for such deposit to the corporation. \ 11. In all actions in any courts of this State, against the said corpo- in action ration, by a husband to recover for mone3rs deposited by his wife in Jjy *!""" ,- Wo^a name, or 88 her own money, the wife may be examined and nf?a* testify as a witness in like manner as if she was an unmarried woman. ^**«»®88. And in all actions against the said corporation to recover for monevs on a claim- deposit therewith, if there be any person or persons, whether husband JlSrty^to* or wife, or otherwise, claiming the same funa, who are not parties to the ajotion the action, tlie court in which such action is pending may, on the peti- bS^a^ht tion of said corporation, and upon five days' notice to the plaintiff and ***• floch claimants, make an order, amending the proceedings in said action, by making such claimants parties defendant thereto ; and the said ooort may thereupon proceed to hear and determine the rights and inter- ests of the several parties to said action in and to said funds. The said Fnnrts fdnds or deposits which are the subject of the said action may, in the "Hi^ ^ discretion of the court, be permitted to remain with said corporation at credit of the same rate of interest as other deposits, to the credit of the action, '**®**^**<^°« until final judgment therein, and the same shall be paid by said corpo- ntion in accordance with the provisions of said final judgment. The question of costs in the actions referred to in this section shall, in all Costp. cases, be in the discretion of the court. \ 18. It shall be the duty of the trustees of said corporation to regu- Rnteot late the rate of interest to be allowed to the depositors in such a man- {JJJJTS^J^ ner that they shall receive, as nearly as may be, all the profits of the regulated, nid corporation, after denoting neqessary expenses, and reserving such amount as the trustees may deem expedient or desirable as a sur. pins fund, which, to the amount of ten per cent, of their deposits, the 392 LAWS OF NEW YORK. [Chap. 238. trustees of said corporation are hereby aathorized gradually to accumo- late and hold, to meet any contingency or loss in its basiness ; provi* ciMBiflca- ded, however, that it shall be lawful for the trustees to classify their of depod- depositors according to the extent or duration or character of their deal- tora. ings with the said corporation, and to regulate the rate of interest in such manner that each depositor ^all receive a ratable proportion of interest with all others of the same clas& Annual ^ 19. The said corporation shall, every year, make rexK>rt8 to the the saper. Superintendent of the Bank Department, as required by law, and in intonctent such form as he shall prescribe, and the books of the said corporation depart^ shall at all times during business hours be open to the inspection of the ment. Superintendent of the Bank Department, or of such other person as the Superintendent or the legislature may appoint as his or their a^ent for Compen- that purpose. Whenever any agent shall be appointed io make any aScmt ^' ^^^^ examination, he shall be paid for his services, by such corporation, such sum as the Superintendent of the Bank Department diall oertiiy to be just and reasonable, sapreme § 20. The Supreme Court may, at any time, on the application of any canseTx-^ trustee or depositor in said savings institution, and on reasonable cause amination showu therefor to the satis&ction of said court, apxx>int one or more per- made. ^^^ ^ examine into the investments of said savings institution, and its Books, affairs and business generally. The books, papers and business of said ^en^^^ savings institution shall be open and subject to the examination of such examina- person Or persons, and the tnistees, officers and clerks thereof, or any ^^^' other person, may be examined on oath by such person or persons ; and the same court may confer such further powers on the person or persons so appointed as they may consider necessary for the more thorough and perfect examination of the affidrs and business of said Report, corporation. The said person or persons so appointed shall report the result of their investigations to the said court, which, if satisfied thereby Powers of that any officer, trust^ or servant of said corporation has been guilty of for^McvT ^^y fraud or misconduct, may remove such person or persons, and make ringftinds* such ftirther order, and take such further measures for securing the funds ^^' and property of said corporation as the said court shall deem expedient Misnomer ^ 21. The misnomer of said corporation in any instrument shall not TitiLte. vitiate or impair the same if it be sufficiently described to ascertain the intention of the parties. General § 22. The Corporation hereby created shall be subject to the provisions pUoab£'. ^^ ^^^ eighteenth chapter of the first part of the Revised Statutes, and all other general laws affecting saving institutions, so far as the same are ax)plicable ; and this act may be repealed, or altered, or amended at any time hereafter. ^ 23. This act shall take effect immediately. Chap. 238. AN ACT to amend an act incorporating the village of Phoenix, in the county of Oswego. Passed April 23, 1814 ; three-fifths being present. The People of the State of New York, represented in Seriate and Assembly i do eriact asfcUows : Sbction 1. Section sixteen of title five of an aet entitled "An ad to amend an act incorporating the village of PhoBnix, in the couutv of Oswego,'* is hereby amendra by striking out said section a« amended by Gup. 239.J NIXETY-SEVENTH SESSION. 293 ehapter three hundred and twenty.five of the laws of tiie State of New York, passed April twenty-sixth, eighteen hundred and sixty-nine, and ioflerting in plaoe thereof as follows : i 16. All expenses incuired by the village in the enfcuroement of any Expenses oraioanoe requiring the making, grading or repairing of any sidewalk, ^.°)^V"^' tiie remoying snow or ice or other obstruction therefrom, the removal i^dew^tiks, OT abatement of a nuisance, or the doing of any other act they are ooiVeoted. aathorized to do, the person or persons required to do the same having neglected or refiised, may be enforced and collected as follows : A stattive evidence of the truth of the facts therein evidence. stated. 4 2. This act shall take effect immediately. . Chap. 341. AN ACT to authorize the Pennsylvania and Sodus Bay Railroad to construct a branch of its railroad from near Newfield, in the county of Tompkins, to a point at or near the State line at Waverly, in the county of Tioga. Passed April 23, 1814. The PeopU of the State of New Tork^ represented in Senate a7id Assembly f do enact asfoUoics : Sbctiov 1. The Pennsylvania and Sodus Bay Eailroad is hereby Branch authorized to construct a branch of its railroad, commencing at a point mu^T'ife*^ in the county of Tompkins, on the present line of said railroad, about con&tract- one mile west of the village of Newfield, and running thence in a ^ ' southerly direction by way of Poney Hollow, in the county of Tompkins, and Qiynta, in the county of Schuyler ; and thence, through a portion of the counties of Chemung and Tioga, to a point at or near the State Une at Waverly, in the county of Tioga. ^ 2. This act shall take effect immediately. Chap. 343. AN ACT to amend section two of chapter eight hundred and ninety of the laws of eighteen hundred and sixty- eight, entitled " An act to authorize Lewis Runyon to establish a ferry across the Seneca lake at Lodi landing." Passed April 23, 1814 ; three-fifths being present. 7%e People of the State of New York^ represented in Senate and AssenMyj do enact asfoUows : Section 1. Section two of chapter eight hundred and ninety of the laws of eighteen hundred and sixty-eight, entitled ^' An act to author- ize Lewis Bunyon to establish and maintain a feny across the Seneca lake at Lodi landing,'' passed September twenty-four, eighteen hundred and sixty-eight, is hereby amended so as to r^d as follows : § 2. The said Lewis Runyon, his heirs and assigns, shall establish, by Terry to the first day of September, eighteen hundred and seventy-five, and at {iJiJJfd*^' all reasonable times thereafter during the continuance of this act, keep ^JMJ fnF""fa^^" a convenient ferry-boat or boats, or vessel, furnished with fJ96 LAWS OF NEW YORK. [Chap. 244. steam or other x)ower, for the safe and speedy oonveyance of passengeis and their baggage, horses, carriages, ^oods and chattels, between the places mentioned in sei^tion one of said act, and shall supply or famish the said vessel or ferry-boat with skillful persons to attend, work and navigate the same. When to ^2. Said Lewis Runyon, his heirs or assigns, shall establish said usbiKL *^ fe^T fey the first day of September, eighteen hundred and seventy-five^ in order to be entitled to the privilege of this act. ^ 3. This act shall take effect immediately. Chap. 24r3. AN ACT to enable John Shaw to take, hold, convey and transmit, by descent or devise, real estate, and to release to him the interest of this State in certain lands. Passed April 24, 1814 ; by a two-third vote. Th^ People of the State of New York^ represented in Senate and Aaaernbli/f do enact asfoUotos: John Sbction 1. John Shaw, of Pittsfield, in the State of Massachusetts, is bieTto "*" ^^reby authorized to take and hold real estate within the State of New tako,hoi(i, York, to himself, his heirs and assigns forever, and to sell, mortgage, t^Mte^^ convey or demise the same, and to transmit the same, by descent or devise, in like manner as if he had been a citizen of the United States Title of at the time of the death of his son Joseph Shaw ; and all the property^ refeSSSd. estate, right, title and interest of the People of the State of New, York, of, in, and to the lands and easements, and hereditaments, whereof said Joseph Shaw died seized within this State, is and are hereby granted, conveyed, released and assigned to and vested in the said John Shaw, to have aud to hold the same to him, his heirs and assigns forever, in like manner as if he and they were citizens of the United States. ProTiso. § 2. Nothing herein contained shall be so construed as to impair, release or discharge the right, claim or interest of any purchaser, heir- at-law or any creditor by mortgage, judgment, or otherwise, in said real estate. ^ 3. This act shall take effect immediately. Chap. 244:. AN ACT to authorize the Canal Commissioner in charge of the middle division of the Erie canal, to widen and deepen the Stroud, Chapman, Olcott and Douglass ditches, so-called, in Cowasselon swamp, and to dig and construct such new ditches as may be necessary to drain said swamp and lowlands of the surplus waters of the Erie canal. Passed April 24, 1874 ; three-fifths being present. The People of the State of Neio York^ represented in Senate and Assembly^ do eruict a^foU/oms : DitohM Sbction 1. The Canal Commissioner in charge of the middle division widened, of the Brie canal, is hereby authorized and directed to widen and Chap. 245.] NINETY-SEVENTH SESSION. 297 deepen, or cause to be widened and deepened, the Stroud, Chapman, Ac, and Oloott and Douglass ditches, the Cowasselon swamp, and to dig and ccniSv^ eoastruct such new ditches (in the towns of Lenox and Sullivan, Madi- (cu. son county), as may be neoessary to perfectly drain said swamp and low- l&ads along the line of said creek, from the Gawasselon creek waste- weir on the Erie canal to Oneida lake at Lakeport, of the surplus waters Expenso of the Erie canal, at an expense not exceeding twenty-live thousand ^°*^'^*^- dollars ; provided, that after investigation and examination into all the Proviao. hd& in relation to the application for said work, the said Canal Com- BUiffiioner, and the Attorney-Greneral and State Engineer and Surveyor, shall each one of them be of opinion that the State is under legal obli- gatioDS as if the State were an individual, to do said work and shall so certify in writing, giving their reasons therefor ; and provided further, Release ot that before proceemng to do said work, the Canal Commissioner afore- cJndiSon* md shall require and receive a full and sufficient release, legally exe- cuted, acknowledged and delivered, free of expense to the 8tate, of all claims or damages in consequence of the performance of said work, or which may have heretofore accrued to any person or persons, in conse- queuoe of the flowage of their lands by said waters. The said Canal Testimo- Oommiasioner, Attorney-Greneral and State Engineer and Surveyor ?ecwdcti. shall obtain and cause to be entered, in a book of records to be kept in the otfice of the Canal Commissioners, all the testimony above referred to, whether such determination be favorable or adverse to such appli- cation, and their opinion shall be signed and aimexed to said testimony. \ 2. The Auditor of the Canal Department shall draw his warrants Auditor's on the Treasurer of this State, to an amount not to exceed twenty-iive ^**^"^'^ thousand dollars, for the purposes of this act ; provided, that the officersproviso. mentioned in the first section of this act shall determine that the State is legally liable for the damage resulting from the Howage mentioned in this ^., and that the damage for which the State would be legally liable will equal said sum of twenty-five thousand dollars, and if in their opinion such damages are less than twenty.five thousand dollars, then the amount to be expended shall not exceed the amount of such damages. ^ 3. The work proposed to be done under the provisions of the first work to wcfeion of this act, shall be done by contract, and let to the lowest bid- b? il^west der after being advertised as is now required by law for the letting of bidder, other State work. Chap. 24r5. AN ACT to amend an act entitled "An act authorizing the incorporation of rural cemetery associations," passed April twenty-seventh, eighteen hundred and forty- seven, and the acts amendatory thereof. i Passed April 24, 1814 ; three-fifths being present. The People of the State of New Tork^ repi^eseiited in Senate and AsHenibly^ do enact a^ follows : Section 1. Section four of chapter one hundred and thirty-three of the laws of eighteen hundred and forty-seven is hereby amended so as to read as follows : \ 4. Any association incorporated under this act may take by purchase Corpora « devise, and hold, within the county in which the certificate of their til" by ^ 20 298 LAWS OF NEW YORK. [Chap. 245. nnrchase, incorporation is recorded, not exceeding two hundred acres of land, op *^' such farther quantity as the legislature has prescribed or may prescribe, to be held and occupied exclusively for a cemetery for the bunal of the Sarvey. dead. 8uch lands or such 'parts thereof as may from time to time be required for that purpose shall be surveyed and subdivided into lots or plats of such size as the trustees may direct, with such avenues, path^, Kaps. alleys and walks as the trustees may deem proper, and a map or maps of such surveys shall be filled and kept in the office of the association, Trnstees Open to the inspection of the lot owners. The trustees may sell and Tote^ *®^ convey the lots or plats and parts of lots or plats designated on such maps upon such terms as shall be agreed and subject to such conditions and restrictions as may be imposed upon the use of such lots or plats by rules and regulations now adopted or hereafter to be adopted by the Convey- trustees of such association. The conveyances shall be executed under hmvto be ^^^ common seal of the association and signed by the president or vioe- exocnted. president and the treasurer of the association. Any association in<^r. Personia porated under this act may hold personal property to an amount not propei-ty. exceeding five thousand dollars, or such further amount as the legisla- ture has prescribed or may prescribe, besides what may arise from the sale of lots or plats. & 2. Section seven of said act is hereby amended so as to read as follows : Lote, indi. § 1. All lots or parts of lots or plats which shall be conveyed by the Tisibie. association as a separate lot or plat, shall be indivisible, but may be May be held and owned in undivided shares ; but any lots or plats and parts orlmSdi? ^^ ^^^ ^^ plats remaining unsold, and in which there snail have been vided. no interment, may, by order of the trustees, by resurveyed, enlarged, subdivided or altered in shape or size, and designated by numbers or otherwise on any map or maps which may be filed and kept pursuant Prooeeda to the fourth section of the act hereby amended ; one-half at ' least of how^Sf'be *^® proceeds of all sales of lots or plats shall be first appropriated to •ppUed. the payment of the purchase-money of the lands acquired hj the asso- elation until the purchase-money shall be paid, and the residue thereof to preserving, improving and embellishing the said cemetery grounds and the avenues or roads leading thereto, and to defray the incidental expenses of the cemetery establishment, and after the payment of the purchase-money and the debts contracted therefor, and for surveying and laying out the land, the proceeds of all future sales shall be applied to the improvement, embellishment and preservation of such cemetery and for incidental expenses, and to no other purpose or object § 3. Section eleven of said act is hereby amended by adding thereto at the end thereof: AppHoa. "And provided Airther, that in case all bodies interred upon any lot, conrt*of ^^ V^^ ^f * ^ot, shall be lawfully removed therefrom, the owner or record for pwners may apply to any court of record held in any county in which foto. ^ said courts are situated, for leave to sell the same ; upon such applica- tion, the court shall require such notice of the hearing of the application, as it shall prescribe to be given to all parties interested, including said cemetery association, and may, for proper cause shown, authorize the sale of the same. Rules and § 4 Every association incorporated under the act hereby amended tums/^' ™^y fj^^ time to time, by its trustees, make such rules and regulations as it shall deem proper for the care, management and protection of the cemetery lands and property ; for the use, care and protection of all lots and plats and parts of lots therein ; the conduct of persons while within the cemeteiy grounds ; to exclude improper persons therefrom Chap. 246.] NINETY-SEVENTH SESSION. 399 snd improx>er assemblages therein; to regulate the dividing marks between the various lots and plats and parts of lots and plats, and their size, shape and location ; to regulate the size of erections, and to forbid the erection of structures ux)on such lots or plats and parts of lots or plats ; to prevent the burial "within the cemetery of persons executed for crime ; to prevent the burial on any lot or plat or part of any lot or plat of any person not entitled to such burial by section eleven of said act of April twenty-seventh, eighteen hundred and forty-seven, hereby amended ; to regulate and prevent disinterments ; to prevent imx)rox)er monuments, effigies, structures and inscriptions within the cemetery grounds, and to remove the same ; and to regulate the introduction and growth of plants, trees and shrubs within the cemetery grounds. Such J"*«*/. ^ roles and regulations, when adopted, shall be binmng upon all lot ing.* "* owners and X)er6ons visiting said cemetery grounds, and shall apply to all lots and parts of lota sold or hereafter to be sold. Such rules and To h« ieg:a]ation8, when adopted, shall be plainly printed and publicly jwsted ^^^^ ' in the principal office of the association, and in such places upon the oemetery grounds as the trustees of the association shall by resolution prescribe. \ 5. This act shall take effect immediately. Chap. 24r6. AN ACT relative to the powers of the Buffalo East Side Street Railway Company. Passed April 24, 1814 The People of the State of New York, represented in Senate and A%9enMy^ do encu^ asfolloioa: SscnoN 1. The Bufialo East Side Street Railway Company is hereby Company authorized to lay, construct and operate its railroad in the following ^ract^aiKi streets and places in the city of Buffalo, with the same rights, and sufc ^reet** ject to the same provisions in all respects as if said streets and places railroad, liad been set forth in section two of the act incorporating the said company, as amended by section one of chapter three hundred and seventy of the laws of eighteen hundred and seventy-two, namely: From the westerly termination of the Exchange street road to the ter- in what raoe ; thence across the terrace to Evans street ; thence along Evans 8*»^et8. street to Peacock street ; thence along Peacock street from Evans to Erie street ; thence along Erie street from Peacock to C^nal street ; and theooe along Canal street Arom Erie to Evans street ; also from the intersection of Main and Eagle streets, and so as to intersect with the railroad in Main street, along Eagle street to its easterly termination ; and along Madison street from Eagle to Brown street ; and along Brown street to Jefferson street ; also from the easterlv termination of Clinton street to Emslie street ; also commencing at tne junction of Main and Ohio streets, and so as to connect with the railroad in Main street ; thence along Ohio street to Moore street ; thence along Moore street to Elk street ; thence along Elk street to Louisiana street ; thence along Louisiana street to Seneca street ; thence along and across Seneca street to Taylor street ; thence along Taylor street to Swan street ; thence along Swan street to Jefferson street; also commencing on Carrol street at the junction of Louisiana street ; thence along Carrol street \o Alabama street ; thence along Alabama street to Seneca street ; 300 LAWS OF NEW YORK. [Chap. 247, PrOTUo. thence Along and acroes Seneca street to Spring street ; thence sloog Spring street to South Division street ; thence along South Divisiai] street to Jefferson street ; also from the intersection of Ohio and Waab- ington streets, along Washington street so as to connect with the presesl car.house and stables of the Buffalo Street Sailroad Company on the west side of Washington street, between Ohio and Perry streets ; also in Niagara street from the termination of the tracks of the Bu&lo Street Railroad Company, at or near Amherst street to the south side of the bridj^e over Cornelius creek in said Niagara street ; it being fiurtbef provided that if the said company shall, within the time now limited by its charter, build its road so as to connect Main street with the pre. sent cattle j^rds of the New York Central and Hudson River Railroad Company, it shall have five years from the date of the passage of this act to build such other roads as by such charter it is authorized to build ; after which time its corporate power to build and operAie a railroad tobe'boSt. shall be restricted to the streets, avenues and places in which its track or tracks shall then be constructed, and in such streets, avenues and places as the common council of the city of Buffistlo shall thereafter authorize. ^ 2. This act shall take effect immediately. Time withia which other roads are Snperin- teodonts to make annnal re turn to comp- troller. Contents of I'etarn. Comp- troller'8 waiTant. Chap. 247. AN ACT to provide for the mainteDance of certain con- victs in the penitentiaries of Onondaga and Kings counties. Passed April 24, 1874 ; three-fifths being present. The People of the State of New York^ represented in Senate and Assembly f do enact asfoUmcs : Section 1. The superintendents of the penitentiaries of Onondaga and Kings counties shall make a return, under oath, on the thirtieth day of September of each year hereafter, to the Comptroller of this 8tat^ in which they shall fully set forth the name of each convict committed to the penitentiaries under their charge during the preceding year, under or by virtue of " An act in relation to the punishment of crimes in certain cases," passed April eleventh, eighteen hundred and fifty^x, in what court convicted, and before what presiding justice, witii the offense for which convicted, and also the date of conviction, length of sentence, and the amount due from the State for the maintenance of such convicts, at the same rate per week as is now paid for the main- tenance of convicts sentenced under the same act to confinement in the penitentiaries at Rochester and Buffalo, not to exceed one dollar and fifty cents per week during the time such prisoner is confined in the said penitentiaries. Upon auditing such return the Comptroller shall draw his warrant on the Treasurer of this State, in fevor of the sui)er- intendents of the said penitentiaries for the amount due for the main- tenance of all such convicts during the fiscal year ending on the eaid thirtieth day of September in each year as provided in said chapter ox hundred and sixty-seven of the laws of eighteen hundred and sixty-six. Chap. 249.] NINETY-SEVENTH SESSION. 301 Chap. 348. AN ACT to authorize the city of Rochester to issue the last three installments of its bonds in aid of the Roches- ter, Nunda and Pennsylvania Railroad Company in advance of the terms and conditions specified in the act entitled " An act to authorize the city of Rochester to issue its bonds in aid of the Rochester, Nunda and Penn- sylvania Railroad Company, and to take the bonds of the company therefor/' passed April sixth, eighteen hun- dren and seventy- two. Passed April 24, 1814 ; three-fifths being present. The Peopk of the State of New Yorky represented in Senate and huoMy^ do eitact as follows : Sktios L The dty of Rochester is hereby authorized to issue its last Last in- tee inatallments referred to in subdivision two of section three of the J^Jil^P'**' Kt entitled '^ An act to authorize the city of Rochester to issue its bonds bonds, kaidofthe Rochester, Nunda and Pennsylvania Railroad Company, ^^U^^. i&d to take the bonds of the Company therefor," passed April sixth, dghteen hundred and seventy-two, in advance of the terms and condi- tbugpeciiied in section three of said act as hereinafter provided for. Bht tiie first installment of fifty thousand dollars of bonds shall only be inei to complete the section of said road, so as to form a railroad con- ttetion hetween Bosses' crossing and the village of Mount Morris. The where to •cond and last installments slmll be expended on the next twenty S^f ^^^ nlesof the road where the common council of said dty shall direct. 1 2. For all bonds of said city, issued by the dty hereafter in advance First tf tbe tenns of the original act, the said railroad company shall deposit ^q'^S vith the treasurer of the dty of Rochester an equal amount of the first coiuterai. tttgage bonds of said company to be held as collateral, which bonds M be exchanged for the same amount of second mort^a^ bonds when hmi railroaa company ehsAl have complied with the terms of the OBgioalact i^ sjo much of said original act aa is inconsistent with this act is weby repealed. (4. Thus act shall take effect immediately. Cliap. 34:9. AN ACT in relation to the city of Troy, and the charter thereof. Passed April 24, 18^4 ; three-fifths being present. The People of the State of New York, represented in Senate and ^^^ernUy^ do enact asfoUotcs : Sktiov 1. The bond and mortgage executed by the president of the Bond and fffmm ooandl of the dty of TVoy, by direction of said common coundl, JJJlSisoS ud on behalf of the said dty, to Maria V. Hale, for two thousand dollars nds, springs, rivers, streams or lakes, in said towns, cr ^ther of them, and may divert and convev the same to the said vil- l^e of Ow^o, and may construct, lay, and keep in repair any build- Bniidinjrs, logs, dams, reservoirs, aqueducts, pipes, conduits, or other works or 2?JS^®*" aihinery necessary or proper for said purpose, upon any lands, real *«. estate, tenements and hereditaments, so entered upon, purchased, taken crbeU, and may, as aforesaid, enter upon any lands, streets, highways, loadfl, lanes and squares, in said town or village of Owego, leaving said ^nda, streets, highways, roads, lanes and squares in the same condition, u nearly as may be, as they were in before such entry ; and shall esti- Estimate ttte and ascertain ihe probable amount of money necessary therefor, oncost- aad tbe probable entire cost of such water- works when completed. 1 1 Before entering, taking, or using any land or real estate for the snrrev^ }^p^(JGe of this act, or the use or right of passage through the same, the j^conm^' ttid president and trustees shall cause a survey and map to be made of tion pre- tbft iMiie, on which the land and real estate of each owner, or occupant, ^g^^^ ^ be defflgnated, which map shall be signed by the president and «>^to'- clerk of said village, and be filed in the office of the clerk of Tioga ^oty. Said pre^dent and trustees, and any of their officers, agents or wrvants, may enter upon any lands for the purpose of making sudi ■81^ and map, they doing no unnecessary damage. 304: LAWS OF NEW YORK. [Chap. 26J When ^ 3. In all cases in which the president and trustees shall be nnab] su>tfer8*to ^ agr^ with the persons owning or having an interest in any rea appraise estate, lands, tenements or hereditaments, springs, water or water povrc may'^^ required for the purposes of this act, or any or either of them, til ' appoint- Supreme Court, at any special term thereof held in the sixth judici&l die trict, shall, on presentation of a X)etition duly verified, containing' a de Pi-ocecd- scription of the property proposed to be taken, and stating the uae t appofnV which it is intended to be applied, after ten days' notice of preseatalicM luuiit of of such petition served, together with a copy thereof, on such pexBom fikmore! ^^ t^6 manner prescribed for the service of notice and copy i)etitioii h} section fourteen of the act entitled *' An act to authorize the fonn&tioi of railroad corporations and regulate the same," x^^^s^^ April seoond eighteen hundred and fifty, make an order appointing three disinter. Their ested citizens of the county of Tioga, or an adjacent county, who shall bi Sons.^*^*" freeholders, as commissioners to determine the damage sustained by eact of such persons, by reason of the taking or use of his or her real estate. lands, tenements or hereditaments, water or water power, for the pur- Time and poses of this act, and shall in such order fix the time and place for the mSeSng. ^^^ meeting of the commissioners ; and in case any party to be affected Guardian by the proceedings is an infant, idiot, of unsound mind, and has no ad atom, general guardian or committee, shall, in such order, appoint a special guardian or committee to attend to the interest of the person in the pro^ Official ceedings. Such commissioners shall take the oath required by the Cozt. oath. Btitution. Any of them may issue subpoenas and administer oaths to witnesses ; fi majority of them may adjourn the proceedings before them, rrooeed- from time to time. They shall view the premises described in the peti- cofnrafs. tion, and hear the proofs and allegations of the parties, and reduce the sionew. testimony, if any, taken by them to writing, and shall estimate and Tiioir report to said court the several sums which will be a just compensation report. ^ g^^jj Q^ners or persons interested respectively for the appropriation to the purposes of this act of any property, rights or privileges that may be so required, or for the title or use of any such property. And the minutes of all evidence taken by them shall accompany their rexK>it. Fees of They shall also determine what sum ought to be paid to the general or goai^ian. Special guardian or committee of an infant, idiot or person of unsound Compea- mind, for attending to their interest in such proceedings, and said oom- cmnmia^ missioners shall each be entitled to five dollars, for services and expen* Bioners. SOS, for every day they are actually engaged in the performance of their By whom duties, to be paid by the said president and trustees, except where the ^Jl^ owners or persons interested in the property so to be taken fail to have awarded to them more than the amount of compensation offered them by said president and trustees before the appointment of the oommis* sioners, and then to be paid by the said owners or persons interested, ' or by said president and trustees, to be deducted from the amount NoHco of awarded. Ten days' notice, in writing, of the time and place of the S?coS? presentation of said rejwrt shall be given to the parties interested. Urination. The court may confirm, alter or amend the same, or appoint new com- missioners, who shall proceed in like manner with the first commis- sioners, and whose report shall be final, and shall be confirmed by said court. When the ^ 4. When the report of the commissioners shall have been oonflnned oomM ^ by the said court, the said president and trustees may deposit, as said prop^^y oo^^> ^^ ^^® order of confirmation, may have directed, or pay to flftid »c., and* owner or owners, or person or persons interested, or to such person or d^^^ persons as the court may, in said order, have directed, tl^ sum or sums ohaived. mentioned in said report> in full compensation for the property so flup.252.] NINETY-SEVENTH SESSION, 305 ■quired, and thereapon the said village of Owego shall become seized ihfee of the property, rights or privileges so acquired, and said presi- fat aad trastees, and said village shall be forever discharged from all diim by reason of such appropriation or use. \ a. The aud president and trustees shall have power, and it shall be PreHident ftesr duty, to barrow, from time to time, for the purpose of this act, feesiniy raon the credit of said village of Owego, a sum not ex(«eding in the t>oiTow wkalk fifty thousand dollars, and upon such terms of credit of not less '"^°^^'* ftaii ten uor more than thirty years, as shall seem for the best interest d aud village, and at a rate of interest not exceeding seven per cent. Rate of peraaamn; and to secure said loan said president and trustees are *"'®*'^^^" •Bthorized to issue bonds of said village, signed by the president and Bonds, deik, and sealed with the seal thereof, which bonds shall be made of ■K^ amounts resjiectively as such president and trustees shall thinJ^ expedient, and shall not be sold for less than par ; and the money so Innowed on said bonds shall be appropriated by said trustees to the porposes expressed in this act, and to no other purpose whatever. \ 6. The said president and trustees, and all x>6rsons acting under Right to fteir authority, shall have the right to use the ground or soil of or under ^'!^an(i lay highway, road or street in said towns of Owego, Tioga and Nichols, nn^er fcr the purpose of introducing water into and through all or 'any parts &|. ^^'' of 8ud village of Owego, on condition that they slmll cause the said Condition %bway, roi^ or street to be restored to its former state, or to such iSate as not to have impaired its usefulness ; and such right shall be Qontiaiied for the purpose of repairing or relaying water pipes or Bftkiog other necessary repairs, or renewals upon like conditions. i 1. The president and ^ustees of said village are hereby empowered Tmstces MO it shall be their duty to establish rules and regulations for and con- i,^h*JSJiJ;g^ anting the use, regulation and operation of said water. works, and may &c. derel^ impose penalties and foifeitures for any violation of such rules Pcnauios. tad iwilations ; but such penalties or forfeitures shall hot in any case exeeed flfly dollars. Said president and trustees shall establish a scale water of rents to be charged and paid to sud village from time to time by the iio^^a]). ownen or occupants of buildings in said village, for the supply of p*>'^*'"c«'. Wer, to he called water rents, apportioned to the different classes of Inildings in said village in reference to their number of occui)auts, con. Annption of water, dimensions, exposure to fire, ordinary or extraordi- U17 Qses, for stores, dwelling-houses, shops, hotels, factories, stables or ptiier purposes, and from time to lime may either modify, amend, ntmse or diminish such rents; and said president and trustees or tkeir agents shall be authorized at all proper times to enter into any Ulding or place where water is used from supply pipes, to examine as to the amount of water used, and the manner of using it. And it shall Hydrants, ^ be the duty of said president and trustees to construct and keep in ^' ttder such hydrants and other works and fixtures as may seem to them nweaaary and prop)er for the use of water in the streets, lanes, and tlleyH of said village, and for the extinguishment of fires therein. ^B. The connection or supply pipes, leading from buildings or other snppiy pnvate property to the distribution pipes, shall be inserted and kept in ^^^^' Kpair at the expense of the owners or occupants of said buildings or o4» ptoperty, and shall not be inserted or connected with the said &tribntion pipes until a permit therefor shall have been obtained from ^ president and trustees or their agent duly authorized to grant the QDie ; and all sach connecting or supply pipes shall be constructed in tbenumoer directed by said president and trustees or their said agent. 810 LAWS OF NEW YORK. [Chap. 256 afiseaanent to be levied and collected in like manner as other epeda assessments and taxes are levied and collected in said town. Report of ^ 5. It shall be the duty of said commissioners of construction imme 8ioner?to diately, upon the x>assage of this act, to rejwrt to the trustees of tl» Tiiuge village of Saratoga Springs the awards of the appraisers for damagee tc trasteos. ]^j^^ ^^^ f^P ii^^^g taken in widening Broadway in pursuance to sectioi five of chapter six hundred and thu*ty-iive of the laws of eighteei hundred and seventy-three, entitled " An act to amend an act entitle< ' An act to provide for laying out and improving roads and avenues ii the village and town of Saratoga Springs/ passed May twentv-eiglit Damages eighteen hundred and seventy-three ;" and said trustees shall there. fng Broad' Upon levy and assess the aggregate sum of said damages (dednctiiii way, how the benefits therefrom), and the expenses and charges attending the assened. same, ratably, according to the assessed valuation of eifiphteen hundred and seventy-three, upon all property lying on either side of Broadway (except Congress Spring park), between the south side of Congress street and the southerly bounds of the village ; also upon all property lying on either side of Ballston avenue, between Broadway and the boands^ the village, toward the Greyser spring, and upon either side of Circiilaz street, between its junction with Bimdway and easterly to its junction with South Circular street, opposite the south bounds Qf Congress park ; and to collect such assessment in like manner^is other village taxes and assessments for highway purposes are assessed and collectea. Trustees ^ 6. Said trustees are hereby authorized and empowered, immediately boiTow upon the passage of this act, to borrow on the credit of the village a money, ^um equal to the amount of said assessment, and applv the same to the payment of said awards for lands and damages as shall appear from the awards of the appraisers now filed with the town clerk of the town of Saratoga Springs, in pursuance of said law hereby authorized. Work. ^ 7. Immediately upon payment of said awards, said trustees shall proceed to work said Broadway as laid out and widened, and shall put the same in suitable condition for public travel on or before the first day of June, eighteen hundred and seventy-four. widening ^ 8. The widening of Ballston avenue to eighty feet in width finom sto^*ave- 8o«*^ street northerly to Union street, according to the map made and nne legal- the resolution adopted June twenty-eighth, eighteen hundred and sev- ^ ' enty-three', by the commissioners of construction appointed by chapter six hundred and twenty-three of the laws of eighteen hundred and seventy, to lay out and improve the roads and avenues in the village of Saratoga Springs is hereby ratified, legalized and confirmed, and w» said avenue, as widened, declared to be a public highway, but all the provisions relating to the assessment of benefits and oamages contained in said act, and the acts amendatory thereof, shall apply to this portion ' of the avenue. Widening ^ 9. The acts and proceedings of the commissioners of construction in fag ui^n laying out, widening and fiJtering Union avenue, between Nelflon A^enne avenue and Circular street in the village of Saratoga Springs pursuant ^^'^ to chapter two hundred and ninety-three of the laws of eighteen hun- dred and seventy-two, entitled '' An act to amend the act entitled * An act to provide for laying out and improving roads and avenues in the village and town of Saratoga Springs,' " are hereby ratified and con- firmeid as to all acts and prc«eedings within the limits of said village. Acts of And the acts and proceeding of the commissioners of appraisal under sonen^r ^^ ^ ^^ appraising land damages and assessing for benefits on apprateia acoount of the laying out, widening, altering or improving Union ave- legaiiaod. ^^^ fj^^ ^^ ^ Nelson avenue to Circular street, be and the same are in Ciup.257.] NINETY-SEVENTH SESSION, alliwpectfl ntifted and oonfinned, and the eaid benefits asaeesed by flud oommiflffioners are directed to be collected in all respects as if the pneeedings of said commissioners of appraisal were in all respects lexalsr. f 10.- The assessments for benefits made by said commissioners of Asae^s. appraiaal shall be collected at the time of collecting taxes for the year b^eneau!'^ a^j^iteea hundred and seventy-four, together with interest thereon &om the fime of filing the determination of said commissioners of tppialaal in the manner provided by chapter six hundred and twenty- ibree of the laws of eighteen hundred and seventy, entitled '^ An act to provide for laying out and improving certain streets and avenues in the Tillage and town of Saratoga Springs." \ 11. This act shall take effect immediately. Chap. 257. AN ACT to amend the charter of the village of Saratoga Springs so as to provide for the appointment of a super- intendent of public works of the village of Saratoga Springs, and abolishing the office of superintendents of the village and of water-works of said village. Passed April 27, 1814 ; three-fiifths being present. The People of the State of Neio York, represented in Senate and ^*9embly, do enact as follows : SBcnoff 1. The office of village superintendent of the village of Sara- snporin. ^g» Springs and the office of superintendent of water-works of the viU p®{i?ifc*^ ®^ ^e of Seoatoga Springs are hereby abolished, and in lieu of such works, o&er, the office of superintendent of public works is hereby authorized ud established. Within three days after the passage of this act, the How to be pWBident of the village of Saratoga Springs shall, by notice published ;;lf,f^J* ma daily paper in said village and by another printed notice served whom. vpOQ the members of the board of trustees ana the members of the wd of water commissioners, call a joint meeting of said boards of trastees and water commissioners to be held at such time and place as aid notice shall deagnate, but within live days after the iirst publica- tion thereof, which meeting shall be presided over by the president of the Tillage, and the clerk of the village shall act asderk, and shall be oiled for the purpose of electing a superintendent of public works. GpoQ the convening of said parties the members thereof shall proceed to duooBB a superintendent for public works, who shall be chosen as fclkm: The clerk of the board of trustees shall act as clerk of such Bieetiog and shall call the name of each member present, and such OKmber shall thereupon openly announce and declare his choice for toA Boperintendent of public works. The person who shall be named hjr a majarity of the trustees of said village and a majority of the water rammiftdoners of said village shall be declared by the presiding officer [ n mperintendent of public works of the village of Saratoga Springs. \ 2. The superintendent of public works shiall hold his office for two Term of yeaw from the first day of May, eighteen hundred and seventy.four, °"®*'* ud thffleafter the term of office of said sux)erintendent shall be for two yean from the first day of May next ensuing his election ; and in viicancr| owe of vacancy occurring during the term of office, such vacancy shall ''^^ ^^^^^ 300 LAWS OF NEW YORK. [Chap. 247. thence Along and acrosB Seneca street to Spring street ; thence along Spring street to South Division street ; thence along South Division s^eet to Jefferson street ; also from the intersection of Ohio and Wash- ington streets, along Washington street so as to connect with the present car.house and stables of the Buffalo Street Bailroad Company on the west side of Washington street, between Ohio and Perry streets ; also in Niagara street from the termination of the tracks of the Buffiilo Street Railroad Company, at or near Amherst street to the south side of the Proviso, bridge over Cornelius creek in said Niagara street ; it being further provided that if the said company shall, within the time now limited by its charter, build its road so as to connect Main street with the pre- sent cattle yards of the New York Central and Hudson River Railroad Time Company, it shall have five years from the date of the passage of this wiiioh ^^^ to build such other roads as by such charter it is authorized to build ; roads are ^^^er which time its corporate power to build and operate a railroad tobebiuit. shall be restricted to the streets, avenues and places in which its track or tracks shall then be constructed, and in such streets, avenues and places as the common council of the city of Bu&lo shall thereafter authorize. ^ 2. This act shall take effect inunediately. Chap. 247. AN ACT to provide for the maintenance of certain con- victs in the penitentiaries of Onondaga and Kings counties. Passed April 24, 1874 ; three-fifths being present. The People of the State of New York^ represented in Senute and Assefnblp, do enact ofifoUotca : snperin- SECTION 1. The Superintendents of the penitentiaries of Onondaga tomake ^^^ Kings counties shall make a return, under oath, on the thirtieth annntu ro- day of September of each year hereafter, to the Comptroller of this State, oomp*-^ 1^ which they shall fully set forth the name of each convict committed troUer. to the penitentiaries under their charge during the preceding year, Contents under or by virtue of " An act in relation to the puniishment of crimes of i-etorn. j^ certain cases," passed April eleventh, eighteen hundred and fifty-six, in what court convicted, and before what presiding justice, with the offense for which convicted, and also the date of conviction, length of sentence, and the amount due from the State for the maintenance of such convicts, at the same rate per week as is now paid for the main- tenance of convicts sentenced under the same act to confinement in the penitentiaries at Rochester and Buffalo, not to exceed one dollar and fifty cents per week during the time such prisoner is confined in the comp- said penitentiaries. Upon auditing such return the Comptroller shall waiT^nt. drfl'W his warrant on the Treasurer of this State, in favor of the super- intendents of the said penitentiaries for the amount due for the main- tenance of all such convicts during the fiscal year ending on the eaid thirtieth day of September in each year as provided in eaid chapter six hundred and sixty-seven of the laws of eighteen hundred and sixty-six. Ceap. 249.] NINETY-SEVENTH SESSION. 301 Chap. 248. AN ACT to authorize the city of Rochester to issue the last three installments of its bonds in aid of the Roches- ter, Nunda and Pennsylvania Railroad Company in advance of the terms and conditions specified in the act entitled " An act to authorize the city of Rochester to issue its bonds in aid of the Rochester, Nunda and Penn- sylvania Railroad Company, and to take the bonds of the company therefor," passed April sixth, eighteen hun- dren and seventy-two. Passed April 24, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and AuenMyy do enact as follows: Sbction 1. The dty of Rochester is hereby authorized to issue its last Last in- three installments referred to in subdivision two of section three of the Jf'ciu^*'"*' act entitled *' An act to authorize the city of Rochester to issue its bonds bonds, in aid of the Rochester, Nunda and Pennsylvania Railroad Company, be^fj^^ and to take the bonds of the Company therefor," passed April sixth, eighteen hundred and seventy-two, in advance of the terms and condi. tioos specified in section three of said act as hereinafter provided for. fiat the first installment of fifty thousand dollars of bonds shall only be iasaed to complete the section of said road, so as to form a railroad con- nection between Rosses' crossing and the village of Mount Morris. The where to aeoond and last installments shall be expended on the next twenty ^edf^^*^ miles of the road where the common council of said city shall direct. \ SL For all bonds of said dty, issued by the city hereafter in advance First of the terms of the original act, the said railroad company shall deposit ^^^ with the treasurer of the dty of Rochester an equal amount of the first collateral, mortgage bonds of said company to be held as collateral, which bonds diall be exchanged for the same amount of second mort|;age bonds when the said railroad company shall have complied with l^e terms of the ofiginalact. ^ 3. 8o much of said original act as is inconsistent with this act is hereby repealed. \ 4. This act shall take effect immediately. Cliap. 34:9. AN ACT in relation to the city of Troy, and the charter thereof. Passed April 24, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Aasembty, do encuft as follows : Sbction 1. The bond and mortgage executed by the president of the Bond and ftommon council of the city of Troy, by direction of said common council, JJJJSSSl and on behalf of the said city, to Maria V. Hale, for two thousand dollars of principal, with interest bearing date, on the sixteenth day of Decem- ber, eighterai handled and seventy, and given in payment for land 302 LAWS OF NEW YORK. [Chap. 25 !• purchased by eaid city from said Maria Y. Hale for the purpose of a public street in said city, are hereby legalized and confirmed ; and the board of estimate for said city shall include the amount due and unpaid on said bond and mortgage for principal and interest in their next statement, to be presented to the common coundl, of the several sumts of money to be raised by tax, as provided by section twenty-one of title Taxtopay two of the charter of said city. The money so raised to jMiy said bond lamc. mid mortgage shall be raised by a tax upon the taxable property of the whole city, and shall be paid to the owner and holder of said bond and mortgage. ^ 2. All acts and -paxU^ of acts inconsistent with this act are, to this extent, hereby repealed. ^3. This act shall take effect immediately. Chap. 250. AN ACT to legalize the acts and proceedings of the Union Village and Johnsonville Railroad Company done in the name of the Greenwich and Johnsonville Railroad Company. Parsed April 24, 1874. • The People of the State of New York, represented in /Senate and Assembly^ do enact as follows: Conrey* SECTION 1. All acts done, conveyances and contracts made and exe- conSactB c^^^d, obligations entered into, and securities made, issued or given by ^, of * or for the Union Village and Johnsonville Bailroad Company, or the eompanv, board of directors thereof, or by any board of directors, under and in leinuized. the name of the Greenwidi and Johnsonville Railroad Company, since the twenty-seventh day of April, eighteen hundred and sixty-nine, are hereby legalized and confirmed and declared to be as lawful and of the same effect as if all the conditions of an act entitled '' An act to allow the directors of the Union Village and Johnsonville Railroad Company to change its corporate name to that of Greenwich and Johnsonville Railroad Company," x)fl^B8ed April twenty-seventh, eighteen hundred and sixty-nine, had been complied with, and the corporate name of the company changed to that of Greenwich and Johnsonville Railroad Com- Proviso, pany ; provided that nothing herein shall affect any action or proceeding already commenced or now pending before any court or justice. § 2. This act shall take effect immediately. Chap. 251. AN ACT for the relief of " The Hebrew Benevolent and Orphan Asylum Society of the city of New York," and to authorize changes in conditions of leases to said society. Passed April 25, 1814 ; three-fifths being present The People of the Stats of Neio Torky represented in Senate and Assetnbly^ do enact asfoUotos: Mayor, Sbction 1. The mayor, aldermea and commonalty of the dty of New i&r wiy York may modify, alter and qualify Any grant or oonyeyanoe hereto- Chap. 252.] NINETY-SEVENTH SESSION. 303 fore made hy them to the Hebrew Benevolent and Orphan Afiylumflrantto Sodety of the City of New York, ao as to permit and authorize said AsyJnm. society to sab-let or lease the whole or any part of the premises so con. veyed to said society to enable said society to, and said society may tbereapon devote the rents, issues and profits arising therefrom to the znaintenance and support of such society, and of the orphans, half.^r. I^iana and indigent diildren under its charge. ^ 2. This act shall take effect immediately. Chap. 253. AN ACT to provide for supplying the village of Owego, in the county of Tioga, with water. Passed April 25, 1814 ; three-fifths being present. The People of the State of New York,, represented in Senate and Assembly^ do ena4:t as follows : Section 1. For the purpose of supplying the village of Owego, Tioga President county, with pure and wholesome water, the president and trustees of teel,' their said village shall examine and consider all matters relative to such sup. |^^V^>. ply, and shall have power to emplov engineers, surveyors, and such iatioa\o^ other persons, as may be necessary for that purpose, and shall adopt ^^^^ ^' gudi plans as shall, in their opinion, be most feasible and best for pro- curing such supply of water, and which shall embrace proper distribu- tion pipes and supplies for all streets and places which, in their opin- ion, shall be for the interest of said village. For said purpose, said H*y par- president and trustees may purchase, take and hold any real estate, estate^^&c knds, tenements or hereditaments, water or water power, in the town of Owego, in the town of Tioga, and in the town of Nichols, in said county, for and in the name and behalf of said village, and by their May enter agents or other persons employed, may enter upon the lands of any ^^, person or x)er8ons of Owego and Tioga and Nichols, and roadways of said towns which may be necessary for such purpose, and take the water from any ponds, springs, rivers, streams or lakes, in said towns, or either of them, and may divert and convev the same to the said vil- lage of Owego, and may construct, lay, and keep in repair any build. Bniid!n/?8, ings, dams, reservoirs, aqueducts, pipes, conduits, or other works orjjjj^®*" machinery necessary or proper for said purpose, upon any lands, real Ac. estate, tenements and hereditaments, so entered upon, purchased, taken fx held, and may, as aforesaid, enter upon any lands, streets, highways, roads, lanes and squares, in said town or village of Owego, leaving said lands, streets, highways, roads, lanes and squares in the same condition, as nearly as may be, as they were in before such entry ; and shall esti- Estimate mate and ascertain the probable amount of money necessary therefor, oncost. and the probable entire cost of such water- works when completed. 4 2. Before entering, taking, or using any land or real estate for the snrrev^ purpose of this act, or the use or right of passage through the same, the ]||^c^^;fi?*' said president and trustees shall cause a survey and map to be made of tion pre- the same, on which the land and real estate of each owner, or occupant, ri^hTo/^ shall be designated, which map shall be signed by the president and «>^tr>- clerk of said village, and be filed in the office of the clerk of Tioga ooanty. Said president and trustees, and any of their officers, agents or servants, may enter upon any lands for the purpose of making such survey and map, they doing no unnecessary damage. 304: LAWS OF NEW YORK. [Chap. 252. When ^ 3. In all cases in which the president and trustees shall be unable skiff^^io ^ agree with the persons owning or having an interest in any real appraise estate, lands, tenements or hereditaments, springs, water or water power ma™1^ required for the purposes of this act, or any or either of them, the ' ajjpoint- Supreme Court, at any special term thereof held in the sixth judicial dis- trict, shall, on presentation of a petition duly verified, containing a de- Proceed- scription of the property proposed to be taken, and stating the use to appoint- wWch it is intended to be applied, after ten days' notice of presentation laontof of such petition served, together with a copy thereof, on such persons, sionSs! wi the manner prescribed for the service of notice and copy petition by section fourteen of the act entitled " An act to authorize the formation of railroad corporations and regulate the same," passed April second, eighteen hundred and fifty, make an order appointing three disinter. Their ested citizens of the county of Tioga, or an adjacent county, who shall be Son8.^°* freeholders, as commissioners to determine the damage sustained by each of such persons, by reason of the taking or use of his or her real estate, lands, tenements or hereditaments, water or water power, for the pur- Time and poses of this a(;t, and shall in such order fix the time and place for the niScSng. fi^t meeting of the commissioners ; and in case any party to be affected Guardian by the proceedings is an infant, idiot, of unsound mind, and has no adutom. general guardian or committee, shall, in such order, appoint a special guardian or committee to attend to the interest of the person in the pro- Officiai ceedings. Such commissioners shall take the oath required by the Oou- ^**- stitution. Any of them may issue subpoenas and administer oaths to witnesses ; A majority of them may adjourn the proceedings before them, Proceed- from time to time. They shall view the premises described in the peti- cpmmfs- tion, and hear the proofs and allegations of the parties, and reduce the fiionera. testimony, if any, taken by them to writing, and shall estimate and Their. report to said court the several sums which will be a just compensation report. ^ g^^j^ owners or persons interested respectively for the appropriation to the purposes of this act of any property, rights or privileges that may be so required, or for the title or use of any such property. And the minutes of all evidence taken by them shall accompany their report. Fees of They shall also determine what sum ought to be paid to the general or gaardUin. sp^ial guardian or committee of an infant, idiot or person of unsound Compen- mind, for attending te their interest in such proceedings, and said com- co^nmis^ missioners shall each be entitled to five dollars, for services and expen- eioners. ses, for every day they are actually engaged in the performance of their By wiiom duties, to be paid by the said president and trustees, except where the ^Jl^ owners or persons interested in the property so to be taken fkil to have awarded to them more than the amount of compensation offered them by said president and trustees before the appointment of the oommie. sioners, and then to be paid by the said owners or persons interested, or by said president and trustees, to be deducted from the amount Notice of awarded. Ten days' notice, in writing, of the time and place of the to?con? presentation of said nsport shall be given to Uie parties interested. firmation. The court may confirm, alter or amend the same, or appoint new com. missioners, who shall proceed in like manner with the first oommiB- sioners, and whose report shall be final, and shall be oonfirmed by said court. When the ^ 4. When the report of the commissioners shall have been confirmed ooin^ ^ by the said court, the said prerident and trustees may deposit, as said propw?/ ®o^^> ^^ *^® order of confirmation, may have directed, or pay to said &c., and owner or owners, or person or persons interested, or to such person or d'^^ persons as the court may, in said order, have directed, the sum or sums charged, mentioned in said report, in full oomjiensation for the property so Chap. 252.] NINETY-SEVENTH SESSION. 305 required, and thereapou the said village of Owego shall become seized IB fee of the property, rights or privileges so acquired, and said presi- deut aad trustees, aad said village shall be forever discharged from all daim hj reason of such appropriation or use. ^ 5. The said president and trustees shall have power, and it shall be Pr«Bident their duty, to borrow, from time to time, for the purpose of this act, feeimiy apon the credit of said village of Owego, a sum not exceeding in the »>orrow whole fifty thousand dollars, and upon such terms of credit of not less ""®°°^'' than ten uor more than thirty years, as shall seem for the best interest of said village, and at a rate of interest not exceeding seven per cent. Rate of per anniun ; and to secure said loan said president and trustees are ^<^^^''^> authorized to issue bonds of said village, signed by the president and Bonds. clerk, and sealed with the seal thereof, which bonds shall be made of BQch amoauts respectively as such president and trustees shall think expedient, and shall not be sold for less than par ; and the money so hoRowed on said bonds shall be appropriated by said trustees to the porposes expressed in this act, and to no other purpose whatever. § 6. The said president and trustees, and all x)erBons acting under Right to their authority, shall have the right to use the ground or soil of or under g^und any highway, road or street in said towns of Owego, Tioga and Nichols, "."der for the parpose of introducing water into and through all or any parts &^^^^* of said village of Owego, on condition ttiat they shall cause the said Condition highway, ros^ or street to be restored to its former state, or to such state as not to have impaired its usefulness ; and such right shall be continued for the purpose of repairing or relaying water pipes or making other necessary repairs, or renewals upon like conditions. ^1. The president and ^ustees of said village are hereby empowered Tmstees and it shall be their duty to establish rules and regulations for and con. lub^r^u^g, cemini^ the use, regulation and operation of said water- works, and may &c. thereby impose penalties and foifeitures for any violation of sucii rules Penalties. and r^ilations ; but such penalties or forfeitures shall hot in any case exceed fifty dollars. Said president and trustees shall establish a scale water of rents to be charged and paid to said village from time to time by the iio^^^ap. owners or occupants of buildings in said village, for the supply of portiono(\ water* to be called water rents, apportioned to the different classes of buildings in said village in reference to their number of occupants, con- somption of water, dimensions, exposure to fire, ordinary or extraordi. nary oses, for stores, dwelling-houses, shops, hotels, factories, stables or other parpooes, and from time to time may either modify, amend, increase or diminish such rents ; and said president and trustees or their agents shall be authorized at all proper times to enter into any building or place where water is used from supply pipes, to examine as to the amount of water used, and the manner of using it. And it shall Hydrants, also be the dnty of said president and trustees to construct and keep in ^' order sach hydrants and other works and fixtures as may seem to them necessary and proper for the use of water in the streets, lanes, and alleys of said village, and for the extinguishment of fires therein. ^ 8. The connection or supply pipes, leading from buildings or other snppiy private property to the distribution pipes, shall be inserted and kept in p*^**- repair at the expense of the owners or occupants of said buildings or other property, and shall not be inserted or connected with the said distribution pipe% until a permit therefor shall have been obtained from said president and trustees or their agent duly authorized to grant the Bame ; aad all such connecting or supply pipes shall be constructed in tile manner directed by said president and trustees or their said agent. 306 LAWS OF NEW YORK. [Chap. 252. applied. Sinking fand. Deflcien- ey to bo snpplied by tux. Annual ^ 9. The entire annaal receix>t8 for water rents after deducting there- f?r water ^^^ *^<5h Bums BS may be necessary to defray the exx)enses of repair of ronte^^ow said water-works and extending the same, and other necessary expenses connected therewith, and the proper supply of water to said yillage, shall be applied toward the payment of the interest on the loans on bonds hereinbefore authorized, and also toward the creation of a sink. ing fund for the payment of the principal of said loan, as it shall become payable, which sinking fund shall be under the management of said trustees, and shall be invested from time to time, and as often as may reasonably be, in said bonds, or other bonds of said village or of the county of Tioga, or in stocks of the State of New York or of the United States, until the same shall be wanted for the payment of the interest or princii)al above specified. ^ 10. In case the entire receipts for water rents, after making the deduction as above, in the last section provided, shall in any year not be sufficient to pay the interest for that year on the bonds hereinbefore authorized to be issued, or in case in any year when any of the principal of the loan secured by said bonds £ftlls due, the amount of said receipts for water rents, after making such deduction, together Mrith the sum in the sinking fund, shall not be sufficient to pay said interest and said principal so foiling due, then it shall be the duty of said trustees to cause an amount sufficient to pay such deficiency to be assessed, levied and collected in addition to omer taxes, on and from the taxable pro- perty of said village, at the same time and in the same manner as the other taxes of said village are assessed, levied and collected, and the amount so raised shall be applied to the payment of said interest or principal or both, or the deficiency thereof not otherwise provided for. And in case, upon the completion of said water-works, it should be found that any of the fire-engines or other machinery, apparatus or pro- perty for extinguishing fires, belonging to said village, shall, by reason of such water-works, become unnecessary, said tru^iees shall sell the same and apply the proceeds therefrom to the payment of such interest or principal, or pay the tfiame into said sinking fund. ^11. Said president and trust.ees, as soon as the plans for the con. ilfvfthi^iJ* struction of such water-works shall have been determined upon, shall propoaais. give public notice for at least four weeks, and once in each week in two newspapers published in said village, and also in the State paper of the work required to be done in the construction of said water- works, giving the specifications therefore * and inviting proposals for the per- formance of such works or any part of tlie same, and for furnishing materials therefor or any part of the same, such proposals to be sealed and accompanied by such sureties for faithful performance and under such forfeiture as said president and trustees may deem exx)edient ; Contract, and upon the acceptance of any such proposal such president and torus- tees may ent>er into and execute such contract as they may deem proper for the faithful x>erformauce of such work or the furnishing of such material. But said president and trustees may in their discretion reject any or all of such proposals as shall be for the interest of said village ; Snperin- said president and trustees may also appoint a superintendent of such waiter?' **^ water- works both for and during their oontruction* and their subsequent works management, and prescribe his duties and powers, and who shall hold appoint l^^B office during the pleasure of, and whose compensation shall be fixed ^^- by, said president and trustees, and they may employ such agents and Fireen- Sines, fC.t may be sold. Xotifte to • So in original. Chap. 253.J NINETY-SEVENTH SESSION. 30T laeistants as they may deem neoeseary to excate any of the duties lequired of them. ( 12. The presideiit and trustees of said village, or either of them, ADprovai shall take no steps to carry out the provisions of this act beyond Avhat ^'voters, is neoewary to procure an estimate of the cost of said water-works as hereinbefore provided, and it shall not be lawful for them to do so until the same shall be apxiroved by a majority of the voters of said village, TOting by ballot at a special election to be called by said president and Notice of trojst^, and held within two years after the passage of this act, by I^cOoq, giving at least two weeks' notice before such election, b^ posting such notice in at least six public and conspicuous places in said village, and by publication in all the newspapers of said village for two weeks. The Election, polls at such election shall be open during the same hours, and said cS^dnct* election be in all things conducted as are the annual elections for trus- ed. tees in said village. The ballots received at said election shall be saUots. indorsed ^ Water-works,'' and, in order to be canvassed, shall contain the words "In fiivor of bonding for water-works," or the words "Opposed to bonding for water- works." If a majority of the ballots canvassed shall contain the words " In favor of Donding for water, works," then the approval above mentioned shall be considered as hav- ing been obtained ; otherwise not. A certificate of the result of said Certiflcate electbn shall be filed by the canvassers thereof in the ofiice of theJ^Xu!''' ooauty clerk of Tic^ county, and another like certificate in the ofiice of tile clerk of said village, and copied into his minutes, within five days after said election. In case, at the election so held, such approval shall snbsc- not be obtained, it shall be lawful for said president and trustees, in STecUon like manner, to call a subsequent election, in all respects to be called, "jjy^® held and conducted as prescribed for said first election, and with the ^ Uke effect ; bat no such subsequent election shall be held within one year of the time of holding said first election. ^ 13. This act shall take effect immediately. Cliap. 253. AN ACT relative to the care and education of deaf mutes. Passed April 26, 1814. The People of the State of Neio Tork^ represented in Senate and AuemUy^ do enact a^foUows : Sbction 1. Any parent, guardian or friend of any deaf mute child AppUca- within this State, over the age of six years and under the age of twelve JfJi^nJ'^ years, may make application to the supervisor of the town or city jpardian, where such child may be, for a permit or order to place such child in the New York Institution for the Deaf and Dumb or in the Institution for the Improved. Instruction of Deaf Mutes, or in any of the deaf mute institutions of this State, and it shall be the duty of such super- Doty of ^^ifior, if in his judgment the means of the child, or the parents or "iPJi?; parent of such child, will not enable them to defray the expense in a public institution, to grant such permit or order and to cause said child to be received and placed in such one of the institutions of this State far the education of deaf mutes, as the said supervisor shall select. 308 LAWS OF NEW YORK. [Chap. 255. Chap. 254. AN ACT to authorize the Genesee and Water Street Railroad Company to extend its track in the city of Syracuse. Passed April 25, 1814. The People of the State of New York, represented in Senate and AsaerfMy, do enact o^fMowa : Railway Sbction 1. The Genesee and Water Street Railroad Company is may'^^ hereby authorized to extend its railroad track from its present terminus lend in Genesee street, in the city of Syracuse, through East Genesee street ^^^ to the city line, or along Genesee street to East avenue, thence through and along East avenue to the city line of the said city or through East Genesee istreet, and Westcott street to East avenue, and to run its cars Consent over the same whenever the consent of the common council of said city, monconn- *^^ ^^ three-fourths of the property owners bordering on said streets, ou, &G. along said proposed extension, shall have been obtained in writing. 4 2. This act shall take effect immediately. Chap. Q55. AN ACT in relation to the Johnstown, Gloversville and Kingsboro Horse Railroad Company, to regulate the weight of rails to be laid, the amount of fare to be charged, and to release the amount of capital stock requisite to authorize said company to acquire a right of way. Passed April 25, 1814 ; three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Weight of Sbction 1. The Johnstown, Gloversville and Kingsboro Horse Rail. '*^* road Company in the county of Fulton, heretofore organized under the ''Act to authorize the formation of railroad corporations and to regulate the same,'* passed April second, eighteen hundred and fifty, and the several acts additional thereto and amendatory thereof, is hereby authorized in the construction of its road to use rails of not less than twenty-five x)ound8 weight per lineal yard ; and the said company is Far«. authorized to charge and receive five cents &re for each mile or frac tional part thereof for each passenger. PrirU. ^ 2. The said railroad company siiall be entitled to all the privileges yf^n of said act, passed April second, eighteen hundred and fifty, and of company the Said additional and amendatory acts, whenever five thousand dol. to. ^ lars for everv mile of its railroad proposed to be constructed, is in good faith subscribed toward its capital stock, and ten per cent thereon paid in good faith. Use of ( 3. The said railroad company is hereby prohibited from uAng tt^^hrtj- steam as a motive power on said railroad or from transporting or con- ing of veying freight thereon, and is hereby restricted to the business of pro&bit- taking and conveying persons or passengers over the said railroad in ^* street railroad cars, by the power or force of animals. ^ 4 This act shall take effect immediately. Chap. 256.] NINETY-SEVENTH SESSION. 809 Chap. 256. AN ACT to amend an act entitled " An act to provide for laying out and improving roads and avenues in the vil- lage and town of Saratoga Springs/* passed May fifth, eighteen hundred and seventy. Passed April 27, 1814 ; three-fiftbs being present. The People of the State of New York, represented in 8e7iate and AsseTjMy, do enact as follows : Section 1. The commissioneTS of construction now acting nnder the Sprinkiinir provisions of the law entitled " An act to provide for laying out and ^^^^'r®®^- unproving roads and avenues in the village and town of Saratoga Springs," are hereby authorized and empowered to cause to be sprin- kled with water, for the purpose of keeping the same free from dust, fKieh streets and avenues in the village of Saratoga Springs as a majority of said commissioners shall consider for the best interest of said vilL ge dnring such portions of the months of June, July, August and Septem- beras they shall deem proper. ^ 2. A majority of the inhabitants or occupants upon any street or Petition, avenue in said village may x)etition said commissioners of construction asking that any xx)rtion of any designated street or avenue be sprinkled in order to keep the same free from dust Said commissioners, upon leceipt of sach x)etition, shall cause said x)9rtion of said street or avenue to be sprinkled and kept free from dust. ^ 3. The cost and expense of sprinkling such streets and avenues of cort, how aud village as such commissioners of construction shall cause to be ^ sprinkled, as herein specified, shall be by said commissioners reported to the trustees of the village of Saratoga Springs, who shall assess the same upon the property located on the street«&*:• ttsessed valuation is not a pr(^r rate ux)on which to bafie such asBeflgment ^ 4. Qsid commissioners of construction are hreby authorized, upon Sprinkling H>plication to them, by petition, of the inhabitants of said village or done npon town, to cause to be sprinkled during any special occasion, not exceed- "P|^^^\^ ing ten days, stated in said petition, any avenue specified in such petition ***^*^** ^"' lying beyond the limits of said village, and said commissioners are cost heieby authorized to assess the cost of such sprinkling upon such specific ^^^^^ property and against such specially designated persons as they shall dean ji^ and equitable, and they shall report such assessment to the aipervisor of the town of Saratoga Springs, on or before the first day of November in each year, and said supervisor shall cause said spedal 313 LAWS OF NEW YORK [Chap. 257. be filled in like manner as an original election within ten days after Joint the occurrence of such vacancy. A joint meeting of said board of tru0^ S^si^^^^tees and commissioners of water- works shall be held at the call of the iJ^^ion™' P^^i^®^^ o^ *^® village, at least ten days nor more than twenty days SS* ^^ before the first day of A^y, on which the term of office of the superin- tendent of public works shall expire, for the purpose of choosing a successor in such office. Dnties of ^ 3. The duties of said superintendent of public works shall be the indent* of ®*™® as those uow prescribed by the charter of Saratoga Springs and pnbiio the by-laws thereof and rules and regulations prescribed for the man- ^^^ *■ agement of the water-works of said village as pertaining to and devolv- ing upon the superintendent of the village, and the superintendent of ' the water-works of said village severally, and he shall also X)erfonn such additional duties pertaining to the avenues and streets within the village and town of Saratoga Springs as the avenue commissioners authorized under and by virtue of the law entitled " An act to provide for laying out certain avenues and streets in the town and village of Rnies and Saratoga Springs " shall assign to him. The said board of trustees and tSS!'*^ commissioners of the water- works may meet jointly at anv time, and may prescribe such rules and regulations for defining ana specifying the duties of said superintendent of public works as may be deemed suitable for the proper control and care of the water mains, pipes, hydrants and the streets and avenues of said village, and they may prescribe regulations for laying water pipes, and any excavation in the streets for such purpose, and also for the purpose of laying gas pipes, and gas pipes shall not be laid in any street without consent of said superintendent of public works and in pursuance to regulations made snperin. by him. At any such meeting said trustees and commissioners of the may bo* Water- works may remove the superintendent of public works from r jmoTod. office for cause, by a vote of a majority of said trustees, and of said com- missioners. His official § 4 Said superintendent of public works shall, before entering upon ^^^ the duties of his office, execute to the village of Saratqca Springs, in such form as the officers by whom he is appointed shall presmbe, a bond or undertaking in the sum of ten thousand dollars, conditioned for the faithful discharge of his duties, the prompt and proper accounting for all moneys which shall come into his hands, the mode of expendi- ture and the proper vouchers therefor, that he will not in any manner, directly or indirectly, be interested pecuniarily in any contract., materials, work or labor furnished, or any other matter or thing pertaining to his office, with sufficient sureties who shall duly justify, which bond shall be filed with the receiver of taxes and assessmente of the town and village of Saratoga Springs. Hissaiaiy. ^ 5. Said Superintendent shall receive for his services an anTiiial salary How to be of one thousand dollars, one-half of said salary to be paid from the ^ revenue of the water- works in like manner aj^ the salaiy of the late superintendent of water-works is paid, and one-half from the fonds ot the village in same manner as the salary of the late superintendent of the village was paid, and said officer so appointing such superintendent may, at any joint meeting of siich officers, audit and allow upon proper vouchers a fisher sum, not exceeding three hundred dollars, for the necessary official expenses of said superintendent, to be paid in like ToreeeWe proportions and manner as his salary is paid, and mid superintendent tSe? °' of public works i^all receive no other fee or allowance or compensation, Not to be and shall not take any contract for work, labor or materials nor be iBterestod interested pecuniarily, directly or indirectly, in any contract, work, QiAP.258.] NINETY-SEVENTH SESSION. 813 ■iterials, supplies, team work or other matter connected with said in eon- {Hblie work of said village, town, or the water-works of said village, ^^"^^ **'• fid in case of a violation of the requirements or provisions of this act Htede- fcAall be deemed guilty- of a misdemeanor. meaner. \%. fiefoie said superintendent shall receive any portion of his said Affidavit. muj or compensation, he shall make oath and execute an affidavit tiiit he has not in any manner been interested x)ecuniarily in any con- tnet, work, materials or other matter connected with his official duties, as prescribed by this act, which oath or affidavit shall be filed with the iweiver of taxes and assessments of said town or village, ^id superin. statement tendentdiall publish a statement monthly, setting forth all receipts and {^e^f^^* expenditures of moneys, with items and details made by said superin. iendent, during said month, in a newspaper published in said villa^. \ 1. No trustee nor the president of the village of Saratoga Springs Tmsteee. iball be appointed or be eligible to the office of commissioner of the ^gi^j^^ water.works of sud village. \ & This act shall take efifect immediately. Ch.ap. 358. AN ACT to amend an act entitled "An act to authorize the sale of real estate, in which a vi^idow is or shall be entitled to dower in satisfaction and discharge thereof," passed May six, eighteen hundred and seventy. Passed April 27, 1814 ; three^flfths being present Tke Feo/ple of the State of New Torkj> represented in Senate and ^^^mUy, do enact asfoUowa : Sbctiok 1. Section two of an act entitled "An act to authorize the •te of real estate, in which a widow is or shall be entitled to dower in •tofaction and discharge thereof," passed May sixth, eighteen hundred «M seventy, is hereby amended so as to read as follows : , T *• The court in any such action shall also have authority to direct Conrtmay MM all taxes, assessments and water rates which are liens upon the ^^;^;^'4c WW estate so adjudged to be sold, at the time of the sale thereof, be tobepaid^ ^^^ ^[ the proceeds of such sale, and to direct that the sheriff or J^ee making the sale, with and out of such proceeds of sale, redeem jo^'eal estate from all sales thereof for unpaid taxes, assessments or Sf K?^- J^e plaintiff in any such action, if a sale of real estate costs. ™^ adjudged therein, shall be entitled to recover her costs and S^T*^!!? of Buch action, to be paid out of the proceeds of such ^ twlL* • ^^^ ^ necessary to make any creditor having a lien on creditor 2^r^«8 in question, or upon any part thereof, or upon the undi- ,^2J. "^jary _^™'e .or interest of any party to the action by judgment, decree, party. 2Wf ^ oUierwise, a party to such action, nor if any part of such Lcin, how M»ll be actually admeasured or assigned to the plaintiff in «ff«cte^i- « of her dower, shall the lieu of such creditor be altered, cr affected thereby so far as regards the remainder of said m ^^y^ ^' assigned to such plaintiff, but such lien shall Bs^J^ remainder of such premises or of such undivided & 4!?1m^^^ ^^ ^^^"^ ^^^ court shall deem that a sale of such real *SL^1 w^'^^' ^^ *^ parties to said action, and shall so * '*" ®*ih8equent proceedings in said action shall be con- :i€'::^ 313 LAWS OF NEW YORK. [Chap. 257. be filled in like manner as an original election within ten days after Joint the occurrence of such vacancy. A joint meeting of eaid board of trus- irnsteef ^^^^^ and commissioners of water- works shall be held at the call of the aud com. president of the village, at least ten days nor more than twenty days SS* **° before the first day of A^y, on which the term of oiiice of the superin- tendent of public works shall expire, for the purpose of choosing a successor in such oiiice. Dnties of ^ 3. The duties of said 8ux)erintendent of public works shall be the ten dent' of *^^^ as those uow prescribed by the charter of Saratoga Springs and pnbiic the by-laws thereof and rules and regulations prescribed for the man- ^^^ * agement of the water-works of said village as pertaining to and devolv- ing upon the superintendent of the village, and the superintendent of f the water-works of said village severally, and he shall also x)erform such additional duties pertaining to the avenues aud streets within the village and town of Saratoga Springs as the avenue commissioners authorized under and by virtue of the law entitled " An act to provide for laying out certain avenues and streets in the town and village of Rnies and Saratoga Springs " shall assign to him. The said board of trustees and JSS*^ commissioners of the water-works may meet jointly at anv time, and may pres(;ribe such rules and regulations for defining and specifying the duties of said superintendent of public works as may be deemed suitable for the proper control and care of the wat«r mains, pipes, hydrants and the streets and avenues of said village, and they may prescribe regulations for laying water pipes, and any excavation in the streets for such purpose, and also for the purpose of laying gas pipes, and gas pipes shall not be laid in any street without consent of said superintendent of public works and in pursuance to regulations made snporin. by him. At any such meeting said trustees and commissioners of the maybe' Water- works may remove the superintendent of public works from r juioved. office for cause, by a vote of a majority of said trustees, and of said com- missioners. Hi8offlciai \ 4 Said superintendent of public works shall, before entering ux)on ^^"^ the duties of his office, execute to the village of Saratoga Springs, in such form as the officers by whom he is appointed shall prescribe, a bond or undertaking in the sum of ten thousand dollars, conditioned far the faithful discharge of his duties, the prompt and proper accounting for all moneys which shall come into his hands, the mode of expendi- ture and the proper vouchers therefor, that he will not in any manner, directly or indirectly, be interested pecuniarily in any contract, materials, work or labor furnished, or any other matter or thing pertaining to his office, with sufficient sureties who shall duly justify, which bond shall be filed with the receiver of taxes and assessments of the town and village of Saratoga Springs. Hissaiary. \ 5. Said Superintendent shall receive for Ids services an annual salary iiow to be of one thousand dollars, one-half of said salary to be paid from the ******* revenue of the water- works in like manner as the salary of the late superintendent of water-works is paid, and one-half from the funds of the village in same manner as the salary of the late superintendent of the village was paid, and said officer so appointing such superintendent may, at any joint meeting of such officers, audit and allow upon proper vouchers a further sum, not exc^eeding three himdred dollars, for the necessary official expenses of said superintendent, to be paid in like Toreeeire proportions and manner as his salary is paid, and said superintendent BO ot er ^£ public works rfiall receive no other fee or allowance or compensation. Not to be and shall not take any contract for work, labor or materials nor be iBterfsstod interested pecuniarily, directly or indirectly, in any contract, work^ Chap. 258.] NINETY-SEVENTH SESSION. 813 msterialSy supplies, team work or other matter ooiiiiected with said in eon- public work of said village, town, or the water-works of said village, ''^'' **'• and in case of a violation of the requirements or provisions of this act HMe- be shall be deemed guilty of a misdemeanor. meaner. 1 6. Before said superintendent shall receive any portion of his said Affidavit salary or compensation, he shall make oath and execute an affidavit that he has not in any manner been interested pecuniarily in any con- tract, work, materials or other matter connected with his official duties, as prescribe by this act, which oath or affidavit shall be filed with the receiver of taxes and assessments of said town or village. I^d superin- statement tendent shall publish a statement monthly, setting forth all receipts and {^af ^^' expenditures of moneys, with items and details made by said superin. tendent, during said month, in a newspaper published in said village. \ 1. No trustee nor the president of the village of Saratoga Springs Tmstees. shall be appointed or be eligible to the office of commissioner of the §fg\^i2^ water.works of said village. \ & This act shall take effect immediately. Chap. 358. AN ACT to amend an act entitled "An act to authorize the sale of real estate, in which a widow is or shall be entitled to dower in satisfaction and discharge thereof," passed May six, eighteen hundred and seventy. Passed April 27, 1814 ; three-fifths being present The People of the State of New York,* represefnted in Senate and AssemUj/f do enact aafoUowa: Sbction 1. Section two of an act entitled "An act to authorize the sale of real estate, in which a widow is or shall be entitled to dower in sads&ction and discharge thereof," passed May sixth, eighteen hundred and seventy, is hereby amended so as to read as follows : \ 2. The court in any such action shall also have authority to direct ConrrmAj tliat all taxes, assessments and water rates which are liens xrpon the ti^^g^&c. real estate so adjudged to be sold, at the time of the sale thereof, be to be paid! paid out of the proceeds of such sale, and to direct that the sheriff or leferee making the sale, with and out of such proceeds of sale, redeem each real estate from all sales thereof for unpaid taxes, assessments or water lates^ The plaintiff in any such action, if a sale of real estate Cesto. ehall be adjudged therein, shall be entitled to recover her costs and disborsements of such action, to be paid out of the proceeds of such Bale. It shall not be neoeaaary to make any creditor having a lien on creditor the premises in question, or upon any part thereof, or upon the undi. IJecewarj vided share .or interest of any party to the action by judgment, decree, party, mcntgage or otherwise, a party to such action, nor if any part of such Lcin, how premises shall be actually admeasured or assigned to the plaintiff in »^<^ct«^- satisfaction of her dower, shall the lien of such creditor be altered, unpaired or affected thereby so fisur as regards the remainder of said pr8mi838 not set apart or assigned to such plaintiff, but such lien shall lie a charge on the remainder of such premises or of such undivided interest therein, and in case the court shall deem that a sale of such real ^te is for the best interest of the parties to said action, and shall so adjudge them, all subsequent proceedings in said action shall be con> 21 814 LAWS OF NEW YORK. [Chap. 259. ProsrUioiM eluded in accordance with the provifiionfi of tit^e three of chapter five mSie^kp- ^^ ^^^ *W^ part of the Revised Statutes, entitled " Of the partition pUcabie. of lands own^ by several persons," as amended, altered or modified by the several acts passed subsequent thereto, and the provisions of said title as so amended, altered and modified for the purposes of such sale and the distribution of the proceeds thereof are made applicable to the proceeding in such actiou. ^ 2. This act shall take effect inmiediately. Chap. 359. AN ACT to extend the time for organization and the terms of office and powers of the incorporators and board of directors of the Troy, Lansingburgh and Cohoes Bridge Company, and to amend chapter three hundred and twenty-one of the laws of the State of New York, enti- tled "An act to incorporate the Troy, Lansingburgh and Cohoes Bridge Company, for the purpose of con- structing and maintaining a bridge, appurtenances and approaches to the same, over the Hudson river, from some point on Van Schaick's Island, in thecity of Cohoes, to some point in the village of Lansingburgh, south of • Bolton's brewery on said river," passed April twenty- third, eighteen hundred and seventy-two. Passed April 21, 1814 ; thiee-fifths being present. The People of the State of Neio Tork^ represented in Senate and Assembly^ do enact as follows : Section 1. Section one of chapter three hundred and twenty^ne of the laws of the State of New York, entitled '^ An act to incorporate the Troy, Lansingburgh and Cohoes Bridge Company, for the purpose of constructing and maintaining a bricbe, appurtenances and approacdiea to the same over the Hudson river, m>m some pcnnt on Van Schaick*8 Island, in the city of Cohoes, to some point in the village of Lansing, burgh, south of Bolton's brewery on said river," passed April twenty, third, eighteen hundred and seventy-two, is hereby amended so as to read as follows : Corpora- ^ 1. Charles Eddy, Joseph R Wilkinson, Joseph W. Fuller, Samuel ^^- 0. Gleason, Gates H. Barnard, William K Kisselbiirgh, and Francis J. MoUoy of the city of Troy, and C. W. Snyder, of the town of Pittstown ; Daniel McElwain, of the city of Cohoes ; Samuel Adams, Augustus A. Peebles and John H. Campbell, and Robert Dickson of the village of Lanmngburgh ; and William L. Adams and Sheffield Hayward, and Charles H. Adams of the city of Cohoes, and their associates, are hereby Corporate created a body xx>litic and corporate, by the name and style of the Troy, name. LausingbiiTgh and Cohoes Bridge Company, for the purpose of oon. Objects, structing and maintaining a permanent horidge, appurtenances and avenues of approach thereto, for the purposes of travel and transporta- tion to and fiom the east and west banks of the Hudson river, from some x)oint on Van Schaick'a Island, in the city of Cohoes, to some point in the village of Lansingburgh, not north of Bolton's brewery nor south CBAP.259.J NINETY-SEVENTH SESSION. 816 of Mill street, cm said river, and as sacb oorpoiatioiis ate invested with Genend ail the powers and privileges and are subject to all the liabilities oon- ^d UAbii- feired and imposed by title three chapter eighteen of xMirt one of the itios. Bevised Statutes. (2. Section three of said act is hereby amended so as to read as follows: 1 3. The capital stock of said corporation diall be one hundred thou- capital flmd dollars, divided into shares of one hundred dollars each. The direc '*'^^' ton of such corporation may at any time, with the consent in writing of stockholders holding a majority of the f^tock, increase such capital. The May be shares shall be deemed personal property, and may be transferred in **'<^'^*«®*- such a manner as shall be provided by the by-laws of the corporation. Bails may be laid upon the said bridge and on the avenues of approach to the same, for the passage of horse cars, in such manner as the direc tors may deem proper, and under such agreement and compensation and on such terms in all respects as may be agreed upon with any horse ailioad corporation. Tlie directors of the corporation hereby created, stock may may issue full paid stock for the purpose of purchasing property, both ^ pcu>^ real and personal, and also for the employment of labor and services, ^^^^fi^^ professional and otherwise, necessary for the purposes of the corpora- SSI***"^^' tbn, to the amount of the value thereof ; and the stock so issued shall Not Uabie not be liable to any further assessments, neither shall the holders thereof JSses?**' be liable for any other payments on such stock under the provisions of »«»*• tliisact; but in all books and statements of the corporation hereby How to be created, such stock shall not be stated as being cash paid into the cor- '^*^^* poration, but shall be stated according to the fact. J 3. Section four of said act is hereby amended so as to read as lows: \ 4 The x)eT8ons named in the first section of this act shall constitute First tbe first board of directors of the corporation hereby created, and shall dfreclm, liold their places as such until the firot Monday of June, eighteen hun. t^m or ' dred and seventy-five, and until others shall he elected in their stead ; ^ ^^^ ' and a majority of them may, at any meeting of their board at any time May opem liaeafter, designate three or more of their number to open books, after sab8cr$> ten days* previous public notice, in one paper published in the city of tion. Tioy and one in the city of Cohoes and one in the village of Lansing, bugh, as often as such papers are published during said period of ten ^ys, to receive subscriptions to the capital stock of the corporation btteby created, at sudi place or places, and under such regulations, in ftU lespects, as said board of directors may prescribe ; and in case of an Excess ot czoess of subscriptions, they may apportion the stock among the sub. u^u^.'^'' Knbers in such manner as they shall deem most likely to promote the interests of the corporation hereby created, by or in the speedy erection of said bridge, and the construction of its appurtenances and avenues of approadL The books, when opened as herein provided, shall remain open at least through the business hours of the day, so that all persons BUfcy have a fiftir opportunity of subscribing ; and at the time of subscrib- Not less log* an installment, to an amount to be fixed upon by the directors and percent! stated in said books (of not less than five per cent), on each share shall ^^^^ bB paid in, or such subscription shall not be received. The number of Smeof ^ directors after the time last mentioned, namely, the first Monday in u° q^^^' June, eighteen hundred and seventy-five, shall not be less than thirteen nor more than twenty-one, to be fixed upon in the bv-laws of the cor. poratioa herebv created. An election of directors shall take place on Election ^ first Monday in June, eighteen hundred and seventy-four, and ors ^^^ uumally thereafter on that day, at an hour and place to be designated 316 LAWS OF NEW YORK. [Chap. 260. in the by-laws, and the persons then elected by a majority of the shares voted upon by the stockholders, in person or by proxy, shall constitute the directors for the then ensuing year, and till others shall be elected If eieotion in their places. And in case it shall happen at any time that an elec- Jn day^ tion of directors shall not be made on the day herein designated, it dosignat- shall be lawful to hold such election on some day thereafter, on full be'i^. and reasonable notice to the stockholders. All vacancies which shall ^»«^- occur in the board of directors, by death, resignation, mental incapacity VacAn- or otherwise, shall be filled by apx)ointment of § majority of the remain- liiei?***'' ing members, for the balance of the term then vacated. A majority of said board shall form and constitute a quorum. ^ 4. This act shall take effect immediately. Chap. 260. AN ACT to amend an act entitled "An act to extend the powers of boards of supervisors, except in the counties of New York and Kings," passed May eleventh, eighteen hundred and sixty-nine. Passed April 21, 1874 ; three-fifths being present. Tlie People of the State of New York^ represefited in Senate and A88e7nblpf do enact as foUofvs : Section 1. Section one of an act entitled "An act to extend the powers of boards of supervisors, except in the counties of New York and Rings," passed May eleventh, eighteen hundred and sixty-nine, is hereby amended so as to read as follows : Honey ^ 1. The boards of supervisors of each county in this State, except bon^wod N^w York and Kings, shall have power, at their annual meeting, or at f>r hiflfh- any other regular meeting, to authorize the supervisor of any town in poflies^in^' said county, by and with the consent of the commissioner or commis- any town, sioners of highways, town clerk and justices of the peace of such town, to borrow such sum of money, for and on the credit of each town, not exceeding, however, in any year, the amount of one-half of one per cent, on the assessed valuation of the taxable property of the town for such year, as the said town officers may deem necessary to build or ' repair any road or roads, or bridge or bridges in such town, or which shall be partly in such town and partly in an adjoining town, or to -p&y any existing debt incurred in good faith by or on l^half of such Board of town for such purposc, before the passage of this act ; and the said BOW tJ*' board of supervisors shall have power to prescribe the form of obliga. prescribe tion to be issued on any such loan, and the time and place of payment, •buga- the time not to exceed ten years from the date of such obligation and ^^<^^' the rate of interest thereon not exceeding seven per cent, ^r annuiiL Tax. And the said board of supervisors shall have power, and it shall be their duty, from time to time, as the said obligations shall become due and payable, to impose upon the taxable property of such town suffi- dent tax to pay the said principal and interest of such obligations according to the terms and conditions thereof. Town offl- The town officers hereinbefore mentioned shall meet at the town mSt^ clerk's office in the town for which they are elected or appointed, on annaaiiy the first Monday of September in each year, at ten o'clock in the mom- mine^^' ing, to determine what amount, if any, shall be borrowed on the credit Chap. 261.] NINETY-SEVENTH SESSION. 317 of such town for the paiposes contained in the first section of the act amonnt, lierebj amended, and for what roads or bridges such amount shall be ^' bozTowed or appropriated ; and such meeting may be adjourned from time to time, either for want of a quorum or in default of any final det^mination of any question arising concerning such appropriation, bat no such meeting shall be held subsequent to the first Monday of October in each year. The bonds authorized by this act shall have indorsed thereon acertiacate' to be in- om certificate signed by the town clerk of the town for which they are So^u issaed, to the effect that such bonds are issued with the consent of the boDdt. town officers herein mentioned, at a meeting the date of which shall be meotioned in such certificate. The town clerk of any town on account of which such bonds are Town iasaed shall keep a record showing the date and amoimt of such bonds, ^^^ ^ the time and place when the same are made payable, and the rate of ''ec^i^ of interest thereon. 8adi bonds shall be delivered to the supervisor of the town, who Bonds to shall dispose of the same for not less than the -par value thereof, and ©S to"^*^ paj the proceeds thereof to the commissioner or commissioners of si^pen^- higbways of such town, to be used by him or them for the purposes ^^' br which the same were appropriated ; but not more than five hun- Proceeda, die*i dollars of such proceeds shall be expended upon any one road or Jppu^|** bridge except under and in pursuance of a contract to be made by &e oontractor with the commissioner or a majority of the commissioners of hifi^hways of such town for the construction or repair of such road or bndge, which contract shall be approved by a majority of the town auditors of sudi town, neither of whom shall be interested in such eontract Any amount borrowed and appropriated, pursuant to the provisions Excess, of this act, for the repair or construction of any road or briage in any Jppu^.'^* town, and which it shall not be necessary to use for such purpose, shall be applied by the commissioner or commissioners of highways to the repair of any other road or bridge" in such town. \ 2. This act shall take effect immediately. Chap. 261. AN ACT to amend an act entitled "An act to enable resi- dent aliens to hold and convey real estate, and for other purposes," passed April thirty, eighteen hundred and forty-five. Passed April 27, 1814 ; by^a two-third vote. The People of the State of New Tork, represented in Senate and Assembly^ do enaxat asfoHoioe : Sbction 1. Section four of chapt-er one hundred and fifteen of the laws of eighteen hundred and forty-five, entitled "An act to enable resident aliens to hold and convey real estate, and for other purposes," passed April thirty, eighteen hundred and forty-five, is hereby amended so as to read as follows, to wit : If any alien, resident of this State, or any naturalized or native AUens citizen of the United States, who has purchased and taken, or hereafter m^I^bItb ?k shall purchase and take, a oonvevance of real estate, within this State, ^|^^ has died, or shall hereafter die, leaving persons who, according to the °*"**' 318 LAWS OF NEW YORK [Chap. 262. statutes of this State, would answer the descriptioii of heirs of such deceased person, such persons so answering the description of heirs of such deceased person, whether they are citizens or ahens, are hereby declared and made capable of taking and holding, and may take and hold as heiis of such deceased person, as if they were citizens of the United States, the lands and real estate owned and held by such deceased alien or citizen at the time of his decease. But if any of the persons so answering the description of heirs of such deceased person are males of full age, they shall not hold the real estate hereby made descendible to them as against the State unless they are citizens of the United States ; or in case they are aliens, unless they make and file in the office of the Secretary of State the deposition or affirmation men- tioned in the first section of this act. ^ 2. All acts or parts of acts inconsistent with or repugnant to the provisions of thii^ act are hereby repealed, provided, however, that nothing herein contained shall be taken or construed to affect any grant of land heretofore made by this State ; and provided further, that nothing in this act contained shall be taken or construed to affect the title to any laud or lands which mav have been heretofore derived through any devise, grant, gift or purchase prior to the passage of this act, or to give any person not heretofore entitled thereto under the laws of this State any right, title or interest as against any such devisee, grantee or purchaser, or any right to impeach or in any manner call in question the validity of any will of the person so dying seized as afor^ Becord of Said, and it is hereby declared that the record of any such will in the effect!^ office of the surro^te of any county in this State shall be conclusive evidence of its vahdity against any and all persons claiming or to claim under this act. ^ 3. This act shall take effect immediately. Deposi- tion of aMenfl* B4Bpeal. Proviso. Xisda- neanor. Punish- nent Chap. 263. AN ACT for the further protection of private property. Passed April 21, 1874 ; three-fifths being present The People of the State of New York, represented in Senate and A88e7nbly^ do enact as foUotcs : Sbotion 1. Any person or persons who shall designedly, willfully and maliciously mark, obliterate, alter, deface, paste over, destroy or in any way injure any bill board, bills, notices or printed matter thereon relat. ing to theatrical or other lawAil business, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punish^ for each offense by imprisonment in the county jail not more than ten days, or by a fine not exceeding fifty dollars, or by both such fine and impris- onment. § 2. This act shall take effect immediately. Chap. 264.J NINETY^EVENTH SESSION. 819 Chap. 263. AN ACT to amend an act entitled " An act in relation to the location and erection of public buildings for the use of Erie county and the city of Buffiilo," passed April twenty-first, eighteen hundred and seventy-one. Passed April 21, 1814 ; three-fifths being present The People qf the State of New Yorkj represented in Setuxte and Astembl^j do enact CLsfoUotos : Sectioit 1. The seyenteeth section of the act entitled ** An act in rela. tioQ to the location and erection of public buildings for the use of Erie ooonly and the city of Bu£blo," passed Ainril twenty-iirst, eighteen handled and seventy-one, is hereby amended so as to read as follows : \ n. The whole amount to be exx)ended by said commissioners by Amonnt virtae of this act shall not exceed twelve hundred thousand dollars ; Si^nfied and they shall perform and complete all the duties assigned to them by umited. this act, within five years from tne time of their iii-st meeting. \ 2. This act shall take effect inunediately. Chap. 364. AN ACT to amend an act entitled " An act to open, lay out and improve Gravesend avenue, in the county of Kings, and to authorize the construction of a railroad thereon," passed May sixteenth, eighteen hundred and seventy-three. Passed April 21, 1814 ; three-fifths being present. The People of the State of New York, repreeeitted in Senate and Assembly, do enact a^ follows : SBcnoN 1. Section four of an act entitled ** An act to open, lay out and improve Gravesend avenue, in the county of Bangs, and to author- ize the construction of a railroad thereon," passed May sixteenth, ogfateen hundred and seventy-three, is hereby amended so as to read as follows : \ 4. Affcer having fixed said district of assessment, the said oornmis- commis- flioners shall proceed to estimate the value of the lands and premises ^^tSnote^ leqnired to be taken for said avenue, the damage to be sustained by vatne or any person interested therein by reason of such taking, and the bene- bJuien fits which will be derived by the owners of land within said district of Jf^*^J^ asBeflsment, fh>m the opening of said avenue. The said commisssioaerB ^^^' niay contract with the owner or owners of any buildings or oiher improvement, the whole or part of which will be required to be removed or altered by reason of such opening, fer the removal or neoessaiy alter, atiou thereof by such owner or owners, within a specified time after the eanfirmadcn of the final report of said commissioners by the court, at eoeh price or sum as may be agreed upon, if they deem it to be for the inter^of the parties to be assessed so to do; and the said price qr sum ahall, in such case, be included in the award to be made to such owner or owners for the land on which such building, part^ of buildings, or 820 LAWS OF NEW YORK. [Chap. 264. Report, other improyement stands; and the commissioners shall in their th* M?n.'** report state the price or sum so agreed to be paid for such removal or alteration, and also how much is allowed hy them for the several build- ings, parts of buildings, or other improvements, for the removal or Compen- alteration of which no such contract is made. The said commissioners Jommis^ sball be severally entitled to receive three hundred dollars for the ser- sionen. vices to be performed by them under the several provisions of this act, which sums, with the compensation allowed to the attorney and coun. Bxpenses. 8^1 &ud his expenses incurred for official searches, and the necessary expenses incurred for surveys and maps, for publication of notices given in pursuance of this act, for room hire and stationery, shall form a part of the expenses of the proceedings for such opening, and be assessed ux>on the property benefited, all of which, and the several items thereof, shall be particularly and sex)arately stated in the rexK>rt of the said commissioners. ( 2. Section Ave of said act is hereby amended so as to read as fol. lows: Report of ^ 5. The said commissioners shall make a written report, in tabular sionen^ ^OTm^ of such estimate and assessment, showing the amount awarded what to fbr lands taken, specifying how much thereof is for buildings and other coatain. improvements, or for the removal or alteration thereof, and for damages sustained by reason of such taking, removal and alteration, for each and every parcel of land, building and other improvement so to be taken, removed, altered, or sustaining damage by reason thereof, whether such sum or price was fixed under an agreement with the owners thereof as hereinbefore provided or otherwise. The amount of benefit derived by the owners thereof, in respect to each parcel of land within such district of assessment, and the amount to be assessed upon the owners of each of said parcels by reason of such benefit. Said parcels of land shall be numbered on the map so to be made as aforesaid, which map shall constitute a part of said report, and which said written report shall designate the several parcels of land therein referred to by the numbers on said maps. They shall also specify in said report the names of the owners of the several pieces of prox)erty shown on said map for which awards are made, and upon which assessments are laid, if such names are known to them, and if not so known they may specify the same as unknown ; and no award or assessment shall be invalid on account of the name of the owner being so stated as unknown, or by reason of naming a wrong person as owner. The said report shall also show the balance of assessments over awards and of awards over assessments in respect to lands by them known to belong to the same owner, and in such case the balance only of assessments over awards shall be a lien upon the lands so assessed. And where separate jmut- oels of land are assessed as of one owner, and awards are likewise made in favor of the same owner, the amount of tiie awards shall be deducted Lion. from the amount of such assessments, and the balance shall be a lien upon the several parcels assessed ratably according to the amount of the assessments thereon. Amend- ^ 3. Section nine of said act is hereby amended by striking out the JecSon^ words. " the portion of," and the words " outside of the city of Brook- niae. lyn," iu the second and third lines of said section, and by intfserting after the word '' buildings," in line seventeen of this section, the words, '* and other improvements," and by striking out the words ^* in the said towns of Flatbush, New Utrecht and Gravesend, opposite the line of the " in the forty-first and fortv-seeond lines of said se^ion, and insert- ing in place tibereof the words ** along eaid," and by inserting in the Chap. 264.] NINETY-SEVENTH SESSION 331 • finty-ihiid line of said section after the word " provided " the follow- ing words, " estimated according to the ownership per lineal foot of ficontage on said avenue," and by striking out the word *' appropriated " in the fortieth line of said section, and inserting in place thereof the word " apportioned." ^ 4. Section ten of said act is hereby amended so as to read as fol- lows: ^ 10. The county treasurer of said county of Kings shall, after receiv- Conntj ing said report, deliver to and file with the collector of taxes and assess- ^^Sie '^^ ments of the city of Brooklyn, a certified copy of such portion of such cerufled report as shall apply to or affect lauds in the city of Brooklyn, who rejSrt/ flhall proceed to collect the assessment therein in the same manner as is by law^ provided for the collections by him of assessments made under and pursuant to the charter of said dty ; and all the provisions of said Coiioc- charter applicable to the collection of assessments, the sale of lands for ^^"' **' the iion-x)ayment thereof, the redemption of lands from such sales, the conveyance thereof in default of such redemption, the force and effect of sudi conveyances and the rights and remedies of the grantees therein, aliaU apply to the assessments herein authorized, and to the lands and paremises within said city affected thereby, except that the moneys recseived by said collector for such assessment, and for any default or interest thereon, shall be paid by him to said county treasurer, who afaall disburse the same in the manner herein directed and provided. ^ 5. Section eleven of said act is hereby amended so as to read as follows : ill. SsLid county treasurer shall also, after the confirmation and snptrri- ivery to him of said report, serve uix)n and file with the supervisors J^^oS''* of the towns of Flatbush, New Utrecht and Gravesend, resi)ectively, a ^ith copy eertified copy of such portion of such report as applies 4o or affects '^p*^'*- lands within their respective towns, who shall cause the amounts therein moocmnrl or the balances of assessments over awards, as the case may be, upon the various pieces or parcels of land embraced therein, to bie addeo. to the next annual tax thereafter levied upon said lands, in separate columns of said tax rolls of said towns, respectively. The Warrant warrants of the board of supervisors of said county to the collectors of of«?pJJl said dty and towns shall authorize and direct the collection and return vison. of tlie amounts thereof collected by them of such assessments or the halanoes of assessments over awards, which shall be collected by such collectors and by them paid to the county treasurer ; and all provisions of la^r relative to the collection of taxes in and for said towns, the retum thereof for non-payment, the sale of lauds in default of such pay- menty the redemption of lands firom such sales, and the conveyance thereof in defsiult of such redemption, shall apply to the assessments herein authorized to be made within said towns. The collectors of said Coiiec- to^nis shall severally, in making payment of moneys by them collected ^[^Vn!^^*' to tbe county treasurer, state and return in writing separately the moneys by them collected for such assessments, what part thereof was collected on account of the assessments or balance of assessments over awards for the opening of said avenue, and what portion thereof on a^ecoont of assessments for the construction thereof. k 0. Section twelve of said act is hereby amended by inserting after Amend* the word " towns" in the seventeenth line of said section the following "^®'*** words : ^' and the prox)er officers of said city in proportion to the amount collected iitKn each respectively," and by striking from said line seven. teen of aaid section the words *^ in equal shares." 823 LAWS OF NEW YORK. [Chap. 266. lienfl. § 7. All assessmentB made under and in pursuance of the provisioDS of this act are hereby declared to be liens ux)on the several parcels of land within said district of assessment on which the same are laid. Repeal. ^ 8. All acts acts and parts of acts inconsistent with the provisions of this act are hereby repealed. ^ 9. This act shall take effect immediately. Chap. 365. AN ACT to release the interest of the People of the State of New York in certain real estate to Lucelia Willis. Passed April 21, 1874 ; by a two-third vote. The People of the State of New York, represented in Senate atid Asaembly^ do efiact as follows: Title of Section 1. All the estate, right, title and interest of the People of the to?aiid?in state of New York, acquired by escheat by the alienage of Hugh Cruik^ jeffcraon shaut and Osete La Fontain of, in and to certain real estate situated in lewSS^ ^ t^® village of Carthage, Jefferson county. New York, and bounded and described as follows, viz, : On the northeasterly side by a line running parallel with the southwesterly maigin of Mechanics street, and five rods distant therefrom ; southeasterly by the northwesterly margin of West street ; southwesterly by a village lot owned and occupied by John Hevdtt, and northwesterly by land heretofore conveyed by Leonard G. Peck to Walter Nimocks, formerly of the village of Carthage aforesaid, and now deceased, is hereby released to and vested in Lucelia WMlis. Proviso. ^ 2. Nothing herein contained shall affect or impair the right or interest of any heir^t-law, devisee, grantee, judgment creditor or mortgagee in or to the premises herein mentioned. § 3. This act shall take effect immediately. Chap. 2(5e. AN ACT to extend the time for the exercise and discharge of the official duties and for the completion of the work of the commissioners of streets, roads, avenues and parks in Long Island City. Passed April 21, 1874 ; three-fifths being present The People of the State of New Yorky represented in Senate and AssenMy^ do enact asfoOUms : Time for Sbction 1. The time for the commissioners of streets, roads, avenues •fofficia? ^^^ parks in Long Island City, to exercise and discharge the official datiesand dutiesand to complete the work imposed upon them in and by chapter Son of ' seven hundred and* sixty-five of the laws of eighteen hundred and tended** seventy-one, entitled "An act to provided for the laying out of streets, ^" ^ ' avenues, roads and parks in Long Island City,'* passed April twenty- sixth, eighteen hundred and seventy-one, as modified and amended by chapter eight hundred and fifty-nine of the laws of eighteen hundred and seventy-two, entitled ''An act to amend an act entitled 'An act to provide for the laying out of streets, avenues, roads and parks in Long Chap. 268.] NINETY-SEVENTH SESSION. 823 bland CSty, passed April twent^^-sixtli, eighteen hnndred and seventy- one, passed May twenty-fifth, eighteen hundred and seventy-two, and as further modified and enlarged by chapter two hundred and seventy- five of the laws of eighteen hundxm and seventy-three, entitled '^An act to extend the time and duties of the commissioners for the laying out of streets, avenues, roads and parks in Long Island City," passed April twenty-third, eighteen hundred and seventy-three, is hereby extended to and including the first day of July, eighteen hundred and Beventy-five. \ 2. This act shall take effect immediately. Chap. 267. AN ACT to amend an act entitled "An act concerning the proof of wills, executors and administrators, guardians and wards and surrogates' courts/' passed May sixteenth, one thousand eight hundred and thirty-seven. Passed April 21, 1814 ; three-fifths being present. JTie People of the State of New Tork^ represented in Senate and Assembly^ do enact as foUotos : Section 1. Section forty of the act entitled "An act concerning the proof of wills, executors and administrators, guardians and wards, and sairogates" courts," passed the sixteenth day of May, one thousand eight hundred and thirty-seven, is hereby amended so as to read as follows : \ 40. Executors or administrators may apply to the surrogate, pur- when want to the fourth title of chapter six of the second part of the Revised *? tSlSn- btatutes, for authority to mortgage, lease or sell the real estate of their istrator testator or intestate, and for the sale of the interest of such testator or to*nrnJ^'^ intestate in any land held under a contract for the purchase thereof, ''**J*E whenever they shall discover that the personal estate of the testator or J? mort-^ intestate is insufficient to pay his debts and funeral exi)enses, subject, f^' ^'» however, to the provisions of the first section of said title, as the same estate. hA been amended. And the word '' debts,'' in said title, shall be Fnnenu construed as including funeral expenses, except that the charges for J^^JJ!.* funeral expenses shall be a preferred debt, and be paid out of the red debl proceeds of such sale before the general distribution to creditors shall temade. \ 2. This act shall take efiect immediately. Cliap. -268. AN ACT for the promotion of rifle practice in the national guard. Passed April 21, 1814 ; three-fifths being present The People of the State of New York, represented in Senate and Assenibly^ do eruu.i a^ follows : SBcnoN 1. There shall be in the Inspector-Qeneral's department an General MKBtant inspector-general, with the rank of colonel, in addition to inSS^^'' those now prescribed by law, to be known as general inspector of rifle pracUee 824 LAWS OF NEW YORK, [Chap. 268. to be M>- practice, who shall be apjKunted by the Commahder-in.Chief and pointed, "^hose Commission shall expire with the time for which the Governor may have been elected. Division ^ 2. There shall also be in each division a division inspector of rifle to^feap^-'^ practice with the rank of lieutenant-colonel, in eadi bri^ide a brigade pointed, inspector of rifle practice with the rank of captain, who shall be appointed and hold their commissions in the manner prescribed by law for division and brigade staff officers. Duties of § 3. It shall be the duty of the general inspector of rifle practice to •pectori** exerdse general supervision over the rifle practice of the national guard ; to inspect or cause to be inspected, from time to time, all armories, ranges and practice grounds, and see that the prescribed regulations for rifle practice are carried out by the national guard and that proper returns thereof are made, and to report direct to general headquarters, from time to time, the improvement in marksmanship, among the uniformed forces, together with all other matters appertain- infip to his duties. Com- ^ 4. Commandants of divisions, brigades, regiments, or companies, ot^Sv*"*" shall furnish to the general inspector of rifle practice such information sions, i«., as he shall require in regard to the rifle practice of their commands, in^rma^ ^ud as to the number and condition of all targets or other military tion. property of the IState issued to their respective commands for use in Boport. rifle practice ; and if, at the conclusion of his inspection of any armory, range, or practice ground he sliall find any property appertaining to rifle practice, which ought to be kept therein, missing, injured, unfit for use, or deficient in any respect, or that such range or practice ground is dangerous, he shall forthwith report the facts in re8i)ect thereto to general headquarters. He may, from time to time, examine the officers upon the theory and practice of markmanship and upon the system of instruction in rme practice. Farther ^ 5. It shall also be his duty to attend the annual competition for the Koiferiiiin. " State prize," and, as far as practicable, all other general competitions spoK^tors. in marksmanship among the national guard, and see that such compe- titions are conducted with fairness, and according to prescribed regu- lations. He shall make an annual report to general headquarters, in which he shall state the result of all competitions in marksmanship for any prizes offered by the State, with the names of the winners, together with such suggestions as he man^ see fit Division ^ 6. The division and brigade inspectors of rifle practice shall have brigade Supervision of all matters appertaimng to rifle practice within the limits iiwpec of their respective commands, under the directions of the commandants tora. q£ gjj^jj organizations, respectively, as above prescribed for the general To report inspector of rifle practice ; they shall report to such general inspector of iiwpec?'*^ rifle practice, whenever required by him, the condition of rifle practice torn. ia their respective divisions, brigades or regiments, and what practice of that description has been carried on during any period, and shall also, at his request, report to him upon any matter relating to rifle practice which may require examination, within their respective division or To attend brigade districts. They shall attend the competitions for any prizes t^Duir^ftc. *^*^ °^*y ^ offered by the State to the command to which they are attached, and see that the same are conducted with fairness and accord, ing to the prescribed regulations, and report to the Adjutant-General the result of %ll such competitions, with the names of the winners, together with such suggestions as they may see fit to make. ^ 7. No avenue, street or public highway shall be laid out, extended Chap. 268.] NINETY-SEVENTH SESSION. 325 into, or opened through, the grounds of the National Rifle Association ti Cieedmoor. § 8. Before any targets or appurtenances are furnished by the State, sondAto loertiiied copy of the by-laws and other regulations of the associations ^^^^f to which they may be issued shall be iiled with the Adjutant-Greneral, property. &nd approved by him, and bonds in such sum as shall be required by the Commissary-Greneral of Ordnance shall be given to him to secure the care and custody of such property. \ 9. The general inspector of rifle practice and the brigadier-general Ex officio of the district in which a range is located must be constituted perma- Aboard* nent ex officio members of the board of directors of the association Pf^^'®^' bving control of such range, and the commanding officers of the third "' and fifth divisions, the Inspector-General of the State, and the Com- loiasaiv-Gfeneral and chief of ordnance, permanent ex officio members of the board of directors of the National Rifle Association, before such aaaodation or the National Rifle Association shall receive any of the benefits of this act ; and such brigadier-general shall have the same authority to direct the use of any range within his district by any of the orgaaizations of his command, without conix)ensation, as is now given to the commanding officers of the first and second divisions, with refer- ence to the ranges of the National Rifle Association ; provided that not FroTiso. leas than one-fourtJi of the targets of such associations and of the National Rifle Association shall be at all times reserved for the use of members. \ 10. For the purpose of preserving the property of the State and of Ofloen the rifle associations, and of preventing accidents and maintaining order p"oyew open such raii^, the officers and employees of such assodations and of ^®"j®^ the National mAe Association are hereby vested with the powers of ^Vors of constables when in the performance of their duty and wearing such gj^***" hadge of office as shall be prescribed by the National Rifle Association, ^* and all persons trespassing upon such ranges, or injuring any of the Misde. taigets or other property situate thereon, or willfully violating thereon "»«*«<>'• any of the regulations established to maintain order, preserve property, or prevent accidents, shall be guilty of a misdemeanor. \ 11. The range of the National Rifle Association at Creedmoor, or Groanda ^j grounds hereafter acquired by that or anjr other rifle association for Jow'or^ rifle practice, and toward the purchase of which the State has contribu- mor^ged ted, shall not be sold, mortgaged or otherwise alienated from use in J©^. ^"^* rifle practice without the ¥nritten consent of at least two-thirds of the hoara of directors of such association, including a majority of the ex offido members of said board, and without the written consent of the Adjutant-General of the State. ^12. Section five, chapter six hundred and ninety-nine, laws of a' hteen hundred and seventy-two, is hereby amended to read as lows: i 5. It shall also be the duty of the treasurer of the National Rifle Asso- Treamr- oation, and the treasurer of all other rifle associations authorized by this Stfties.^*'^ ad;, to file with said Comptroller and with Adjutant-General of the State, within twenty days after the first days of January and July in each year, a detailed account of all receipts and expenditures of such assoda^ tions during the previous six months, verified by such treasurers under oath ; it sl^ll also be the duty of the presidents of such rifle associations Preei- to file in the Adjutant-Qeneral's office, within twenty days after the f,fJ}J?» fiisi day of January in each year, a return in detail of the property and ciatios. itooondition, and the directors of the National Rifle Association here- a • 826 LAWS OF NEW YORK- [Chap. 270. after elected Bball be dhosen from and elected hj the life members of such association. ^13. This act shall take effect immediately. Chap. 369. AN ACT in relation to the improvement of Racket river. Passed April 28, 1874 ; three-fifths being present. The People of the State of New Tork^ represented in Senate and Assembly^ do enact as foUatos : Time to SECTION 1. The commissioners appointed under and in porsuanoe of Se Bnr***^ section two of chapter ninety, laws of eighteen hundred and sixty-nine, Tey8 and entitled "An act to provide for the improvement of the navigation of th^ SnSedf ' Racket river, and of the hydraulic power thereon, and to check freshets therein,'* shall have one year from and after the passage of this act in which to make and file the surveys and maps contemplated by the sixth section of s.dd act, and referred to in section one, chapter four hundred and twenty-five of laws of eighteen hundred and seventy.three. ^ 2. This act shall take effi^ immediately. Chap. 370. AN ACT for the improvement of Worth street and parts of the streets intersecting Worth street, between Broad- way and Chatham street, in the city of New York. Passed April 28, 1814 ; three-fifths being present The People of the State of New York, represented in Senate and Assembly y do encLct asfoUams : Worth Section 1. The department of public works of the city of New York •troetoln^ is hereby authorized and directed to regulate, grade, curb, gutter, x^ave, teracftting flag, sewer and otherwise improve Worth st^et, from Sroadway to improved. Chatham street, and it shall so improve, regulate, grade, curb, gutter, pave, flag and sewer the streets intersecting Worth s^eet, between Cen. ter street and Chatham street, at and near the places where they inter- sect it, not to exceed one block on either side of Worth street, as to Work, render the connections conyentent and comfortable. The whole work doM^ ^ ^^^^ ^ done in accordance with the grades made under and pursuant to the provisions of the act entitled '' An act in relation to changing the present grades and establishing new grades for certain streets in the city of Inew York,'* passed April eighteenth, eighteen hundred and seventy-one, pursuant to which law, a map or plan of whidi grades was made by the commissioner of public works on the sixteenth day of October, eighteen hundred and seventy-one, and deposited in the Contract, department of public works. The same shall be done by contract to be*^"^ awarded to the lowest responsible bidder with adequate security, as awarded, prescribed by the act to reorganize the local government of the city of New York, passed April thirtieth, eighteen hundred and seventy three, and the improvement shall be paid for in the same manner that is now provided by law or ordinance for paying for similar work in improving me^T new streets, and an assessment shall be laid and collected on pro^rtv Chap. 271.] NINETY-SEVENTH SESSION. 837 made ap- plicable. on the line of the improyemeiit to leimburse the dty for all expenses of the improTementy and all acts and parts of acts now in force in rela. 21^?!^^^ \km to regulating, grading, curbing, guttering, paving, flaggins^ and "" " '^ "" Bewering and otherwise improving streets in the aty of I^ew York, and the laying and collecting the assessments for said work, which are not imon^stent with the provisions of this act, are hereby declared to be applicable to this act, the same as if they were incorporated therein. ^ 2. All acts and parts of acts inconsistent with the provisions of this Repeal. act are hereby repealed. ^ 3. This aict shall take effect inunediately. Cliap. 271. AN ACT to amend an act entitled "An act to authorize the construotion of sewers m the village and town of Saratoga Springs." Passed April 28, 1874 ; three-fifths being present. I%e People of the State of New York^ represented in Senate and Assembly^ do enact asfoUowa: SscTiON 1. Section one of an act entitled '^An act to authorize the oonatruction of sewers in the village and town of Saratoga Springs," punood April twenty-first, eighteen hundred and seventy-one, and as ameuded by section one of an act to amend an act entitled ''An act to aothorize the construction of sewers in the villMe and town of Saratogia tiJpringa," passed June seventh, eighteen hundred and seventy-three, Is hereby repealed, and the commissioners named in said act are hereby abolished. I 2l Said act entitled ''An act to authorize the construction of sewers in the village and town of Saratoga Springs," is hereby amended by flubetituting for section one (repealed by the foregoing section of this this act) as follows : ^ 1. Henry A Wilson, Henry & Hanson and Henry Lawrence are liexeby appointed commissionerB to execute and carry into effect the p0oviaionfi> of this act, and they are hereby authorized and empowered to lay oat and construct a main sewer in and for the village of Saratoga Spring, commencing at a point near the intersection of Broadway and Gongweie» street in said village, and running thence on the most feasible and practicable route to a point east of the Excelsior spring ; and for purpose thev may use and occupy any of the streets, highways alleys in said village, or may use the entire or any xiortion of the oourse of the public creek or stream which flows northerly and easterly through said village ; and may take and appropriate such lands axtd real estate, or such easements, as they may deem necessary for such porpoae, which rights and real estate so taken and acquired shall there* after l>elong to the village of Saiatoga Springs. In case the said com- misaioiierB shall be unable to agree with the owner or owners of any ]ftfi#i« cft real estate, taken or required by them for the purposes afore- ^BAfJi^ upon the value thereof, they may apply to any court of record in Xta» State for the appcHutment of thi^e appraisers, who shall be i^ppointed in the manner provided by chapter six hundred and twenty- ^^ixee of tiie laws of eighteen hundred and seventy, entitled, "An act Iq provide for laying out and improving roads and avenues in the Tillage and town of Saratoga Springs," and said appraisers shall coa- Repeal, aua office abollsho«l. Commto- sioneri) appointed. Sewor nmy be conscrae od. Lands may be taken. Appoint* ment of appraia- ei». 328 LAWS OF NEW YORK. [Chap. 271. Survey and map to be re- vokable. Petition Their pro. duct their proceedings and make their awards in the Fame manner and cectUngs ^^j^ ^y^^ same effect as provided in said act, and all damages shall be awards, paid by said commissioners oat of the proceeds of the bonds author. ized and issued in pursuance of this act. Said commissioners shall commence said sewer at the point designated herein as the place of beginning, and shall complete the same as the work progresses, nor. therly and northeasterly. Said commissioners shall, before commenc- ing said work, cause a complete survey and map of the course and profile of said sewer to be made, and shall give a thorough investiga. tion as to the various systems and plans of sewerage, and for such purpose they shall employ the services of an expert and competent hydraulic engineer, who has had practical experience in the work of Work to constructing sewers and water-drains. All work shall, as far as prac lowStWd- ticable, be let by contract to the lowest responsible bidder, based upon der. complete plans and specifications with construction details, which plans and specifications shall be open for inspection of a)) persons desiring Contracts to examine the same or to bid upon said work« All contracts shall be so framed that said commissioners may revoke or suspend the same whenever they shall have cause to believe that the contractor is not performing his work according to the terms of said contract and sped. fications. The' contractor shall execute to the village of Saratoga Springs a bond with sufficient surety conditioned in such sum as l£e commissioners shall require for the faithful performance of such contract ^ 3. Whenever a majority of the owners or occupants of premises j2',2>ai5i5fUpou any street or streets or any section or portion of any street or trustees, streets in said village shall petition the board of trustees of said village to lay a sewer along said street or streets or said section or portion of said street or streets, clearlv designating by maps or other proper description accompanying said petition, the portion of said sti^t or streets, and the distance thereon and the desired course of such sewer, and that said sewer be connected with the creek or main sewer at a point to be designated in said petition, then the board of trustees of said village are hereby authorized and empowered to grant the request of said petitioners, and to cause a sewer to be laid along such street or streets or section of street or streets as set forth in said petition, and StuTeys, connect the same with the creek or main sewer. Said board of trustees *^- may cause the proper surveys, maps, plans and profiles to be made of said proposed sewer and filed with said board. Materials ^ 4. Whenever any petition as herein specified shall be granted by men^oDs ^^ board of trustees, said board shall cause such sewer to be con- of sewer, structed of such materials and dimensions as they may adopt after proper consideration. Said board shall cause plans and specifications of such sewer to be prepared, and shall give at least one week's notice, daily, in a daily newspaper published in said village, where said plans and specifications can be seen and examined, and shall in such notice invite sealed proposals for the construction of such sewer to be pre- sented to the clerk of the board. At the end of the time spedfiea in ^' said notice, the board of trustees shall convene and open said proposals, and shall award the contract for ttie construction of said sewer to the lowest r. sponsible bidder. Before awarding any contract for the con. struction of such sewer, the contractor shall execute to the village of iiraratoga Springs, in such form and manner as such board shall pre. scribe, an undertaking or bond in the sum of at least twice the amount of the aggregate of such contract price, with two sureties, who shall duly justify, conditioned for the faithful performance of the contract NoUee. Openlnff proposal Bond. Chap. 272.] NINETY.SEVENTH SESSION. 339 and the proper construction of sucb sewer in conformity with the plans and specification adopted b^ said board of trustees. I 5. The cost of constructing such sewer shall be assessed by the board Cost to be of trustees upon the property adjoining said sewer and such other prop- J^Jf *** erty which said board may aeem to be benefited by said sewer, or may property at any time enjoy the use of said sewer, said board being guided in anifi^nf- making such assessments by the valuation of the property assessed, or *t«d- the same shall appear upon the village assessment-roll ai the time of sach assessment, and said board of trustees shall have power to enforce eollection of such assessments in the same manner as other taxes are lleeted in said village. But in no case shall the property known as *' Congress Spring Park " be assessed for lateral sewers so long as such property shall remain a park and does not use and is not benefited by snch sewer. ^ 6. Said trustees shall prescribe rules for the use of such sewers, and Trnstees shall have power to prevent any excavation in streets or otherwise Jcrfbe ^vhich shall injure or interfere with the use of such sewers, and in case rnie8,&c. any such sewer shall require repairs, said trustees shall make the same and charge and assess the cost thereof upon the property enjoying the Qse of the same in like manner as the cost of constructing the same was assessed and collected. Chap. 272. AN ACT to authorize the common council of the city of Oswego to borrow money, and to raise by tax upon the real and personal property of said city, in the year eighteen hundred and seventy-four, a sum sufficient to repay the same. Passed April 28, 1814 ; three- fifths being present. Tbe People of the State of New Tork, represented in Senate and Assembly^ do encu;t as foUoios : Sbction 1. The common council of the city of Oswego is hereby common authorized to borrow on the credit of said city the sum of twenty-nine ma^^bor- tboufiand dollars, or such x)ortion thereof as may be necessary to pay row mou- the indebtedness of said dty existing on the tenth day of March, **^* eighteen hundred and seventy-four, including the amount due on a bond and mortgage owing by said city to the estate of the late Jonathan D, X«edyard, which sum when borrowed shall be used solely for the pur- Pnrpoac. poee <^^P*yiDg the said indebtedness aforesaid. ^ 2. 'The said common council are hereby authorized and directed to Amount levy and assess upon the real and personal property of said dty, in ^^^1^ addition to the sums which they are authorized by the chai*ter of the cinded i« said city to raise by general tax for the current fiscal year, the said sum S? "sJi.*** of tv^enty-nine thousand dollars, or so much thereof as shall be borrowed by said common council as above provided, which sum shall be included in the general annual tax of said city for the yeat eighteen hundred and seventy-four, and shall be levied and collected at the same time and in the same manner and as a part of the general annual tax of said year, aad shall be applied when collected in payment of the money so Ixirrowed as aforesaid. k 3, This act shall take effect immediately. ' 22 330 LAWS OF NEW YORK. [Chap. 274. Chap. 273. AN ACT to enable the " Edwin Forrest Home," a corpora^ tion existing under the laws of Pennsylvania, to take, hold and convey real estate, and releasing to said corpo- ration the interest of this State in certain lands. Passed April 28, 1814 ; by a two-third vote. The People of the State of New York, represefited in Senate and Asae7nbly, do enad as follows: The " Ed- SECTION 1. The corporatiou created by the laws of the State of Penn- fnnFor- gyiyania, and known by the name and style of the " Edwin Forrest »MDe" Home," shall be capable of receiving from James Oakes, James Lawson .convev-^ and Daniel Dougherty, the persons named as executors and trustees, Jamos^™ in and by the last will and testament of Edwin Forrest, deceased, a Cakes and conveyance of all the lands in this State of which the said Edwin For- othera. j^g^ ^jg^ seized, and of taking and holding said lands for the uses and Title of ipurposes of said corporation, and of conTe3ring the same ; and all the refect, '^^^t, title and interest of the People of the State of New York, acquired by escheat, in and to the said lands, or any part thereof, is hereby released, and granted unto the said " Edwin Forrest Home," its suc- Proviflo. cessors and assigns forever ; but nothing in this act contained shall pre- judice or affect the right of any heir, creditor or purchaser in good &ith, if any, of the said Edwin Forrest. ^ 2. This act shall take effect immediately. Chap. 274. AN ACT to authorize the executors and trustees named in the will of Edwin Forrest, deceased, to compromise with Catharine N. Forrest, his widow, for her dower right in the whole estate of which the said Edwin Forrest died seized. Passed April 28, 1814 Tfie People of tJie State of New York, represented in Senate and Assembly f do enact as follows : Exeentors SECTION 1. It shall be lawful for the executors and trustees named in fIjw^^ the will of Edwin Forrest, deceased, to agree with the widow of said may com- Edwlu Forrest, deceased, upon a sum in gross, for her dower right in wUh ^ the whole estate of said Edwin Forrest, deceased, and such sum swll be iulr do ^^ ^^^ hereby is charged upon the lands in this State of which the said ^ ^^^^ Edwin Forrest died seized ; and said executors and trustees may sell at Mav mu public or private sale so much of said lands as may be requisite to pay ^S!ute, ^^ch sum, together with the necessary exx)en8es of sale, and such sale and the conveyance of the lands so sold bv the said executors and trus- tees in pursuance thereof, shall vest a gooa title in the purchasers at such sale. Chap. 275.] NINETY-SEVENTH SESSION. 831 Chap. 275. AN ACT supplementary to chapter eight hundred and eighty-five of the laws of eighteen hundred and seventy- two, entitled "An act to incorporate the Gilbert Elevated llailway Company, and to provide a feasible, safe and speedy system of transit through the city of New York, passed June seventeenth, eighteen hundred and seventy- two. Passed April 28, 1874 The People of the State of New Tork^ repreeefited in Seriate and AaeefMy^ do enax^ a« foUows : Sbction 1. The commissioners appointed in pursuance of chapter eight Addition- hnadred and thirty-seven of the laws of eighteen hundred and seventy- JlviJ? ^ three, entitled "An act to amend diapter eight hundred and eighty-five, complete laws of eighteen hundred and seventy-two, entitled 'An act to incorpo- *'*"*'^***- rate the Gilbert Elevated Railway Company, and to provide a feasible aafe and speedy system of transit through the dty of New York, passed Jane seventeenth, eighteen hundred and seventy-two,' " prohibiting said company fi-om building and constructing its railway on certain por- tions of its line as laid down by the commissionera appointed by chap- ter eight hundred and eighty-live of the laws of New York above referred to, having completed their labors within the required time, and delivered their report, re-locating the route, to the said railway company, the said company shall have two years after the passage of this act to construct the game to Forty-second street ; six months in addition to construct the same to l^fty-ninth street ; one year in addition to construct the same to Eighty-sixth sta^eet ; and six months in addition to construct the same to Harlem river ; and no omission to no ft>r- construct any portion shall work forfeiture, of this franchise, in respect *'*'»"• to any section of said tubular ways and railways which may have been ocnnmenced or completed. \ 2. The Gilbert Elevated Railway Company is hereby authorized and empowered to extend its tubular ways and railways through, over and alorfg sixth avenue from Fifty-third to Fifty-ninth street and the said Company shall execute and deliver to the comptroller of the dty of Bond to be New York their corporate bond with sufficient sureties to be approved «*«cn^^- by the comptroller of the dty of New York to the mayor, aldermen and commonalty of the city of New York, conditioned for the payment of condiiion one hundred thousand dollars to the said mayor, aldermen and com- "»«''cof. monalty in case the railways herein authorized shall not be constnicted within six months after the time herein specified, said time being exten- ded so long as the Gilbert Elevated Railway Company may be neces- sarily and unavoidably hindered or delayed by the pendency of any legal proceeding ugainst it. \ 3. This act shall take effect immediately. 833 LAWS OF NEW YORK. [Chap. 276. Chap. 376. AN ACT to lay out, open and grade Twenty-second avenue, in the towns of New Utrecht and Gravesend, in the county of Kings. Passed April 28, 1874 ; three-fifths heing present. The People of the State of New York, reprea&fited in Sefiate and Aeseinblyy do enact as foUotos : commu. Section 1. The commissioners appointed to lay out a plan for roads lay mit'^ and streets in the towns of Kings county, under and by virtue of an act avenue, passed May seventh, eighteen hundred and sixty-nine, and of the acts amendatory thereof, are hereby directed forthwith to lay out and place upon their map a street or road, one hundred feet wide, to be desig- Terroini uated as Twenty-secoiid avenue ; said avenue to commence at the we5- 5o'n ^*^**^ ^^^y ^^^® ^^ Gravesend avenue, and at or near the place where said avenue is intersected by avenue K, and on or near the patent line between New Utrecht and Gravesend, and to run thence in a south- westerly direction, and at right angles, or as nearly so as may be, with Sixtieth and Eighty-sixth streets, to ordinary high water mark of To be 468- Gravesend or New Utrecht bay. Said street shall be located and estab- mapr&o° hshed under their authority, and shall form a part of their plan, and be laid down and designated on the map thereof, to be filed by them. Monti They shall cause proper stone monuments to be placed to designate the ments. lines of Said avenue, and shall cause a map thereof, signed by them or a majority of them, to be filed in the office of the clerk of the county of Kings. Appoint. ^ 2. The Supreme Court of the State of New York, at a special term oomm?8- thereof to be held in said county, shall, ux)on the application of any sioners by freeholder whose land may be required for the opening of said avenue, coart™* upon five days' notice of such application in two daily newspai)ers pub- lished in the city of Brooklyn, appoint three disinterested persons, one of whom shall be a resident and freeholder of the town of Wew Utrecht, one other of whom shall be a resident and freeholder of the town of Gravesend, and the third of whom shall be a resident and freeholder of either of the towns of New Utrecht or Gravesend, as commissioners for Vacancy the purpose of opening said avenue. Any vacancy or vacancies which on^appii^*' may occur by reason of the death, resignation or removal from said cation of towns, respectively, of any of said commissioners, or his or their S^mm^"* inability to act by reason of disease or other infirmity, to be adiudged sioners. by Said court, shall be filled, upon application to said court, by the remaining commissioner or commissoners upon the like public notice ; When on but should such remaining commissioner or commissioners fail to make tion"o?* such application within thirty days after the occurrence of such vacancy ft-ooiioid- or vacancies, then such vacancy or vacancies shall be filled by said coiui ^^' on the application of any freeholder whose land may be required for Onth of the opening of said avenue. The persons so appointed shall, before office. entering upon the duties of their appointment, severally take and sub- scribe the oath of office prescribed by the constitution, before some officer authorized to administer oaths in said county, and they shall file such oaths in the office of the clerk of Kings county. Proceed- ^ 3. The Said commissioners shall proceed to estimate the value of any a^r^ lands and buildings or other improvements lying in said avenue, and damages, shall award damages to the owners thereof respectively, for taking the Chap. 276.] NINETY-SEVENTH SESSION. 333 flame far the purpose of a public avenue or highway, and, at the same time, assess the amount of such awards, and the expenses attending Bxpenses. such awards and assessment, upon the lands and premises lying on each aide of said avenue to such distance, not exceeding three hundred and HBventy-five feet, as they may deem just, in proportion to the benefit accruing to them, respectively, by reason of such opening. Before proceeding to make such awards and assessment they shall give Notice to public notice in two daily newspapers published in the city of Brook- ^® **^®"- lyn, at least twenty days before meeting for that purpose, of their intention to proceed to make the award and assessment required by this section, and of the time when and place where they will meet for that purpose, at which meeting all persons interested may appear and be heard in relation to the said award and assessment Said commis- Award, its siofiers shall make such award and assessment in the form of a report ^'^^°*' specifying the names of the owners of the several parcels of land taken and assessed, the several awards and assessments, and where awards are made for and assessments laid upon lands of the same owners, the balance of assessments over awards, or awards over assess. menta When they shall have prepared the said report, they shall Notice of give notice for ten aays, in two daily newspapers published in the city pince^* of Brooklyn, of a time when and place where they will meet to hear oeiu- oi>- objections to such report, and they may adjourn such hearing from **"** time to time, in their discretion. After they shall hs,ye reviewea their Report to report, tiiey shall sign and acknowledge the same before aiiy justice and IK*-^* of the peace or officer authorized by law to take acknowledgments of '^nowi- of deeds in Eangs county, and the same shall be presented to the ^ ^^ * Supreme Court at a special term thereof, to be held in Rings county. Notice of for confirmation, upon notice to be published in two daily newspapers SoS^for as aforesaid, at least ten days before the application for the coniirma. connima- tioa thereof. Such court may confirm such report, or send the same YsadL to such commissioners for revision or correction, or may correct the same, as it may deem just. If the said report shall be sent back Proceed- to the commissioners, it shall, after revision, be presented to such court I.epirM« ** again for confirmation, upon the like notice as before, and such court sent back. shall proceed thereon as before, and such proceedings shall be had toward the confirmation of said report as often as may be necessary, oraer of until such report shall be finally confirmed, but the order of confir- tkm Snai' matiou, when made and entered, shall be final. The said commission- ers shall annex to their report a map showing the several parcels of Map. land taken and assessed for the opening, and shall specify the names of the owners of such parcels so taken and assessed, if the names of such owners are known, and if the name of the owner of any parcel is not knovm, they shall so state in their report ; but no award or assessment upon any parcel shall be invalid by reason of the owner thereof not being named, or because the name of any owner may be inooirectly stated. The balance of assessment over award only shall Balance be a lien upon the. lands assessed, and be collected, and the balance of ^"ft^^ow award over assessment only shall be paid. The report of the said award a comiiiisBionerB and map shall be filed with the order of confirmation ^^^^' in the office of the clerk of the county of Rings ; upon the confirma-^ whentiue tion of such report, the lands for which awards shall be made therein thi'town. shall vest in Ihe town in which the same are situated, respectively, for the purpose of a public avenue or highway. The said commissioners Compen. Bhall each receive one hundred and fifty dollars in full for their servi- SSljjJiSf ees, and shall have power to cause the necessary surveys and maps to nouera. he made, and to employ counsel to assist them, but the ex{)ense of such 3S4z LAWS OF NEW YORK. [Chap. 276. Expense siiTveys and map shall not exceed five hundred dollars, and the amonnt o^nnreys, ^ |jq p^^^ f^j, counsel shall not exceed three hundred dollars, and the Coansei fees of such commissioners, and the expense of such surveys and map, tees. and of employing counsel, shall be assessed with and form a i)art of the expenses of opening said avenue, and there shall also be included in the said assessment five per cent, for the expense of collecting the same. Kotioe of ^ 4. The said commissioners shall thereupon cause a notice to be pub- lionot listed for ten days, in two daily newspapers published in the city of «*««». Brooklyn, that such assessments have been completed and that the jwrties ™®"^' ^' assessed may pay their assessments to them at any time within thirty Dedaction days from the hist publication of said notice, and be entitled to a deduc- tion^teM. ^^^ ^^ ^v® P®^ ^^^' ^^^ collection fees. Such deduction shall be made on all assessments paid to said commissioners within said thirty days ; but the amount so deducted shall in no case exceed the sum which shall have been included for collection fees hereinbefore provided. On all assessments paid to the said commissioners after the expiration of the said thirty days and before the same shall be returned to the supervi- sors as hereinafter provided, the like deduction shall be made ; bnt intereflt interest shall be added to the net amount thereof, at the rate of seven per cent, per annum, from the time of filing such assessments as afore- Unpaid said, to the date of such payment. Such of said auaessment as shall not nionSand ^*^® heen paid to said commissioners, shall, together with interest, at lutcrust to the rate of seven per cent, per annum, from the time of filing the said to n?x t**^ report as aforesaid until the expiration of the warrant of the collector, aiinatti be added by the supervisors of the county of Kings to and made part of ^*®*' the annual taxes next thereafter levied or imposra upon the lands and How ooi. premises so assessed, respectively. Such of said assessments as may lected. remain unpaid at the expiration of the warrant of the collector shall be certified and returned, and the same proceedings had in relation thereto, as is now provided by law in respect to arrears of taxes on the lands of non-residents, and the several amounts thereof shall be admitted and credited by the Comptroller without regard to the vahiation of the lands A83P88. so assessed. The assessment for opening said avenue, when collec^ted, be paid^to ^^^^^ ^ P*^^ ^v®' ^ *^® commissioners appointed under the second sec- coinmis- tion of this act, who shall apply the same to the payment of the award sioiiers, ^ |.jj^ parties entitled thereto, and the other exi)ense8 of such opening as the same shall be stated in said rexx)rt If by reason of the additioa snrpins. of the default accruing ux)on the assessments which may be returned as po^ec?of. unpaid, or otherwise, they shall receive a greater amount than may be necessary for the purpose aforesaid, they shall immediately i»y over the amount of such surplus to the commissioners appointed under the fifth section of this act. Antbortty ^ 6. Upon the confirmation of the said report,William H. Stillwell, Har- fvml^sSn. ^^^ ^' Storms and Engelbert Lott, Jr., shall be authorized to enter upon wou'aiid the lands and premises taken for said avenue, and cause the same to be cateiMip. regulated and .graded for public travel, and to plant trees along the side- on laudB, walks, and erect suitable signs with the names of any intersecting streets or avenues thereon, and to assess the exx)en8e thereof upon the lands and premises fronting upon said avenues, as the same shall be laid out and opened as aforesaid, and upon the lands and premises lying in the rear thereof, to the limit of the district of awards and assessments as fixed and established by the commissioners apxx>inted under and by /•MM- virtue of section two of this act. Such assessment to be laid ratably, how'io b« according to the number of feet front on said avenues, as^between front laid- and rear lands equitably, and according to proxx>rtional benefit, in their judgment, with five i)er cent added for collection fees. They shall Chap. 276.1 NINETY-SEVENTH SESSION. 385 wake up their asseesment in writing and ftle the same in the office of To bo die clerk of the county of Kings, giving the names of the owners of said ^^• kads, respectively, as far as the same are known to them, and if not known they shall so state, and no assessment upon any parcel shall be iovalid beoftuse the owner thereof shall not be named or shall be incor- rectly stated. They shall cause notice to be given that the said assess- Notice ments may be paid to them in the like manner as is hereinbefore pro- ^gg. vided in the case of the assessments for opening the said avenue, and ment may the same proc^^ding shall be had in reference to them. The assess- ^® ^ ments authorized by this section shall be paid to them when collected, Assess, and they shall apply the same, together with all other moneys received jJlf^ ^be by them under this act, to the payment of the expenses of regulating appUed. and grading said avenue ; they are also authorized to dispose of such BnUdiogs builmnga or other improvements as may be taken in opening said ^^^^ avenue, either at public or private sale as they may deem most expedi. ent They shall each receive one hundred and iifty dollars in full for compen- their services, which shall form a part of the expenses of such regula- sa^oa- ting and grading. Should either of the persons herein mentioned, and vaoancj. upon whom the regulating and grading of said avenue is enjoined by *><''^^«<'« this act, die, resign or remove from said towns, or should either become onable to act by reason of disease or other inlirmity, upon the occur, renoe of any vacancy or vacancies, by or from either of the above causes, the remaining person or persons so appointed shall apply to the Sapreme Couri;, at a special term thereof, to be held in said county, for the appointment of some citizen, of either the town of New Utrecht or Gmvesend, to fill such vacancy, and if such application is not so made within thirty days after the happeninfi^ of any vacancy then any person interested in any land fronting on su"'*••• amounts of all assessments collected by them under this act, and to retain the same as their fees for collecting, but shall not be entitled to make any additional charges for such collection or for the default in the time of payment upon sums collected by them at any time before the exiHration of their warrants, nor to any fees upon assessments returned by them as unpaid. 1 1. If any award or x)art thereof shall remain in the hands of said Award oommissioners unpaid, by reason of their inability to discover the per- piSa ^ sons entitled thereto, or otherwise, they shall pay over ihe amount so conntj Kmuning in their hands to the county treasurer of Kings county, ren- *'®**°'*'^- dering to him a proper account thereof, and the said treasurer shall receive the same in trust for the persons entitled thereto, and pay the ame to them, respectively, on proper demand bein^ made therefor. i 8. The carriage-way of said avenue shall be sixty feet wide, and width of aiaewalks each thirteen feet wide. When the grading of such avenue waTaSI shall have been completed, as provided by this act, the owners of the ^^^^ lands and premises fronting thereon, shall be authorized to enclose a ^ space for conrt-yards, extending immediately in front of said premises, spaoe for leroectively, to the distance of seven feet from the line of said avenue, ySSi. ana at right angles thereto, and plant the same with trees and shrub- beiy; but no buildings or other erections or obstacles shall be allowed or placed thereon, except fences, and they shall not extend more than seven feet frt>m the line of said avenue. The said avenue so laid out Ayenae u and mapped shall be a public highway, and the portions thereof situate SSfhwaj.^ in the towns of New tJtrecht and Graveseud, respectively, shall be 884: LAWS OF NEW YORK. [Chap. 276. fees. Expense siiTveys and map shall not exceed five hundred dollars, and the amount o^snrveys, ^ ^^ p^j^j f^^ counsel shall not exceed three hundred dollars, and the coiinaei fees of such commissioners, and the expense of such surveys and map, and of employing counsel, shall be assessed with and form a part of the expenses of opening said avenue, and there shall also be included in the said assessment five per cent, for the expense of collecting the same. & 4. The said commissioners shall thereupon cause a notice to be pub- lisned for ten days, in two daily newspapers published in the city of Brooklyn, that such assessments have been completed and that the parties assessed may pay their assessments to them at any time within thirty Dednction days fh)m the fii^t publication of said notice, and be entitled to a deduc- tion of five per cent, for collection feea Such deduction shall be made on all assessments paid to said commissioners within said thirty days ; but the amount so deducted shall in no case exceed the sum which shall have been included for collection fees hereinbefore provided. On all assessments paid to the sold commissioners after the expiration of the said thirty days and before the same shall be returned to the supervi- sors as hereinafter provided, the like deduction shall be made ; but interest shall be added to the net amount thereof, at the rate of seven per cent., per annum, from the time of filing such assessments as afore- said, to the date of such payment Such of said assessment as shall not Notice of comple- tion of assess- meutSfftc. of collec- tion fbes. Interest Unpaid roonto and ^^^® heen paid to said commissioners, shall, together with interest, at interest to the rate of seven per cent, per annum, from Jhe time of filing the said to next*^^ report as aforesaid until the expiration of the_warrant of the collector, annaul ----- - taxes. How col lected. Assoss- siouers, Snrplns, how dis- poned of. be added by the supervisors of the county of Kings to and made part of the annual taxes next thereafter levied or imposed upon the lands and premises so assessed, respectively. Such of said assessments as may remain unx)aid at the expiration of the warrant of the collector shall be certified and returned, and the same proceedings had in relation thereto, as is now provided by law in respect to arrears of taxes on the lands of non-residents, and the several amounts thereof shall be admitted and credited bv the Comptroller without regard to the valuation of the lands so assessed. The assessment for opening said avenue, when collected, bepSd^to ®^*^^ ^ P*^^ ^^^^ *^ *^® commissioners appointed under the second sec- coinmis- tiou of this act, who shall apply the same to the payment of the awiurd to the parties entitled thereto, and the other expenses of such opening as the same shall be stated in said rexx)rt. If by reason of the additioa of the default accruing ux)on the assessments which may be returned as unpaid, or otherwise, they shall receive a greater amount than may be necessary for the purpose aforesaid, they shall immediately pay over the amount of such surplus to the commissioners appointed under the fifth section of this act. ^ 6. Upon the confirmation of the said rex)ort,William H. Stillwell, Har- mon V. Storms and Engelbert Lott, Jr., shall be authorized to enter upon the lands and premises taken for said aveuue, and cause the same to be n]^. regulated and .graded for public travel, and to plant trees along the side- ids, walks, and erect suitable signs with the names of any intersecting streets or avenues thereon, and to assess the expense thereof upon the lands and premises fronting upon said avenues, as the same shall be laid out and opened as aforesaid, and upon the lands and premises lying in the rear thereof, to the limit of the district of awards and assessments as fixed and established by the commissioners apxx>inted under and by virtue of section two of this act. Such assessment to be laid ratably, how'to h% according to the number of feet front on said avenues, as*between front laid. and rear lands equitably, and according to proportional benefit, in their judgment, with five per cent, added for collection fees. They shall Anthority riven to Wm. Stlll- MTcU and otUera to enter oil Ian Chap. 276.] NINETY-SEVENTH SESSION. 3^6 make up their assessment in writing and file the same in the office of To bo the derk of the county of Kings, giving the names of the owners of said ^**** Isads, respectiyely, as far as the same are known to them, and if not known they shall so state, and no assessment upon any parcel shall be invalid beoiuse the owner thereof shall not be named or shall be incor- rectly stated. They shall cause notice to be given that the said assess- Notice ments may be paid to them in the like manner as is hereinbefore pro- ^gg. Tided in the case of the assessments for opening the said avenue, and ment m»j the game proceeding shall be had in reference to them. The assess- ^ ^^' ment» authorized by this section shall be paid to them when collected, Awem. and they shall apply the same, together with all other moneys received JJf^^be by them under this act, to the payment of the expenses of regulating applied, and mj^ng said avenue ; they are also authorized to dispose of such BaUdiugs boilmngs or other improvements as may be taken in opening said ^^^^ avenue, either at public or private sale as they may deem most expedi. ent They shall each receive one hundred and fifty dollars in full for compen- their services, which shall form a part of the expenses of such regula- ^^^on. ting and grading. Should either of the persons herein mentioned, and vacancf. upon whom the regulating and grading of said avenue is enjoined by *»«''»' ^e<"« t&s act, die, resign or remove from said towns, or should either become unable to act by reason of disease or other infirmity, upon the occur- rence of any vacancy or vacancies, by or from either of the above causes, the remaining person or persons so appointed shall apply to the Supreme Cou^, at a special term thereof, to be held in said county, for the appointment of some citizen, of either the town of New Utrecht or 6i&ve»end, to fill such vacancy, and if such application is not so made within thirty days after the happeuinfi^ of any vacancy then any person interested in any land fronting on sudi avenue may so apply. I (j. The collectors of taxes in the towns of New Utrecht and Graves- coUeo- end, respectively, shall be entitled to deduct four per cent, from the *^"'*®*- amounts of all assessments collected by them under this act, and to retain the same as their fees for collecting, but shall not be entitled to make any additional charges for such collection or for the default in the time of payment upon sums collected by them at any time before the ex{Hration of their warrants, nor to any fees upon assessments returned by them as unpaid. \ 1 If any award or part thereof shall remain in the hands of said Award oommisdoners unpaid, by reason of their inability to discover the per. piSd to wna entitled thereto, or otherwise, they shall pay over the amount so county remaning in their hands to the county treasurer of Kings county, ren- '®""'*^'- tiering to him a proper account thereof, and the said treasurer shall receive the same in trust for the persons entitled thereto, and pay the nme to them, resx)ectively, on proper demand bein^ made therefor. k 8. The carriage-way of said avenue shall be sixty feet wide, and width of sidewalks each thirteen feet wide. When the grading of such avenue ^^i[7£nd shall have been completed, as provided by this act, the owners of the ^*^y^ lands and premises fronting thereon, shall be authorized to enclose a ^ Bpaoe for conrt-yards, extending immediately in front of said premises, space for leroectively, to the distance of seven feet from the line of said avenue, y^Sa" tna at right angles thereto, and plant the same with trees and shrub- bery; but no buildings or other erections or obstac^les shall be allowed or placed thereon, except fences, and they shall not extend more than seven feet firom the line of said avenue. The said avenue so laid out Aveoae (• and mapped shall be a public highway, and the xx>rtions thereof situate hUrhwll^.^ in the towns of New Utrecht and Graveseud, respectively, shall be 336 LAWS OF NEW YORK. [Ciiap. 278. kept in repair by the oommiBsioiierB of highwa3rs of those towns, respectively. ^ 9. l^iis act shall take effect immediately. Chap. 277. AN ACT to close part of Tenth street, in Long Island City. Passed April 28, 1874 ; three-fifths being present The People of the 8tate of New York^ represefited in Senate cmcl Assembly^ do enact a^ foUotoa : Section 1. AH that part of Tenth street, in Long Island City, betweeu the westerly side of West avenue and the exterior line of the grant heretofore made to Jonathan Crane and Charley Ely by the People of the 8tate of New York, in the East river, is hereby closed and discon- tinued. ^ 2. This act shall take effect immediately. Chap. 278. AN ACT to amend chapter two hundred^and fifty-one of the laws of eighteen hundred and sixty-one, and to pro- vide for the arbitration of mercantile disputes in the port of New York. Passed April 29, 1874 ; three-fifths being present. The People of the State of New York^ represented in Senate and Assembly ^ do enact as foQmos : Fowers of Sbction 1. From and after the passage of this act, the legal powem Sf cwn?^ conferred upon the " chamber of commerce of the State of New York '* merce. by chapter two hundred and fifty-one of the laws of eighteen hundred sixty-one, shall be exercised in the manner in this act provided. sammons ^ 2. Any -petrtj or parties having a controversy, dispute or matter ment of^ of difference upon any mercantile or commercial subject, may snmmon 4i8pQte. the opposite party or parties to appear before the chamber of commerce of the State of New York for the settlement of such controversy, diB. pute or matter of difference, on a day and hour named in such summons, which shall not be less than two or more than five days after the per. sonal service of such summons upon such opposite jiarty or one of tviro or more parties jointly interested in the subject-matter of the contro- Proviso. versy ; provided, all the parties are regularly-elected members of Baid voiantary chamber of commerce, and parties (whether members of such chamber See"" ^' ^^^) ^ ^^y controversy, dispute or matter of difference arising or within the port of New York, or relating to a subject-matter situate or coming witMn said port, as the collection distri(!t of said port is established and limited by the act of Congress of the United States of America, approved March second, seventeen hundred and ninety-nine, may voluntarily appear before and submit the same to the chamber of commerce, and such chamber shall thereupon entertain jurisdiction of such controversyi dispute or matter of difference, and of the parties thereto. Chap. 278,] NINETY-SEVENTH SESSION. 837 ^ 3. A.t the time mentioned in each summonB, the party or parties Filing of ■erring such summons shall file such summons, with proof of service, ^'"o*^** with the arbitration clerk hereinafter provided for, and either party objection may file with him a written declaration, duly acknowledged, objecting diction^ to the jurisdiction of the chamber of commerce of the State of New York may h% in the matter mentioned in such summons ; and upon the filing of such ^ written objection, such matter shall be dismissed and no further pro- Eiibot ceedings shall be had therein under the provisions of this act ; and if **»«**o^ at the time mentioned in such summons, the party or x)arties named if no ob- therein, or either of them, do not file such written objection, they and {S^^aris. each and every one of them shall be deemed and held to have fully sub- dioUoo is raitt^ to the jurisdiction of said chamber in such matter, and to the ®*>'*^®"®**' arbitration hereinafter provided, and the further proceedings therein shall be in accordance with the provisions of this act ; and it shall be who may competent for any member of a firm to file such objection on behalf of Son?^^*^^" himself and his copartners, and for any agent or attorney, in fact, or other representative, to do so on behalf of his principal. A copy of this section of this act shall be served with, and in the same manner, as the amunons. \ 4. Upon the chamber of commerce of the State of New York, acqair- Proceed- ing jurisdiction, as aforesaid, of any matter pursuant to the provisions of j^JJ^'JJ®'^ Has act, Buch matter shall be proceeded upon with dispatch to a settle, tion b ob- ment, by the arbitrator or board of arbitration provided for by this act ; ^^^^ ' the respective parties to such matter shall each be entitled, at the time Person to of sabmitting to such jiudsdiction as herein provided, to nominate and arbUrator* appoint in writing one person to sit with the arbitrator whose appoint- ment by the Gk>vemor is hereinafter provided for, to hear and deter- mine the matter ; and the award made by them, or the majority of Award. theniy shall be deemed and held tp be the award therein ; and if the Waiver, said parties refuse or neglect to nominate and appoint each one person, ^^^^^^^■ as aforesaid, then they shall be deemed and held to have waived their light to do so, and the matter shall proceed before the arbitrator whose appointment is hereinafter provided for, as sole arbitrator to hear and determine said matter. Adjournments may be had upon reasonable Acyoam^ cause shown ; but if any x)er8on named by either party shall fail to ™®'^^- appear at the time set for the hearing of the matter, without good Faiinre to reason shown for such failure to the satisfaction of the arbitrator *^pp®*^* appointed by the Gk>vernor, and that the same is only of a temporary nature, his nomination and appointment shall thereupon be declared and held to be vacated, and the same party shall forthwith nominate Another and api)oint another person to act in his place, and upon failure to do Sfny^bc ao, tbe arbitrator hereinafter provided for shall appoint a disinterested appointed person, not of kin to either party, to act in his place ; and upon any Arbitrator failure of one party to nominate a x)6r8on to sit with the arbitrator ^Intf ^' when the opposing partv has nominated such a person, then the arbi- trator hereinafter provided for shall appoint a disinterested person, not of kin to either party, and not nominated by the opposing party, to ait as a member of the board of arbitration ; and the matter shall proceed as if such party had appointed such person to act. The per- Persons sons appointed by or for the respective parties shall be duly sworn Jo ?e*"*^ before the arbitrator, honestly, truly, and fairly to hear and determine sworn. the matter thus submitted to them; and their oaths, subscribed by them respectively, shall be filed with the award in such matter ; and the arbitrator hereinafter provided for, shall make and subscribe an Oath of oath faithfully and truly to i)erform the duties of arbitrator according '^^'''^tor. to the provisions of this act, which oath shall be filed in the office of the 838 LAWS OF NEW YORK. [Chap. 278. J Secretary of State at Albany, and he need not be separately sworn in eacb His oQwer matter ; and he shall have full power to administer oaths and ai&nnatioiiB, bter"^^'^ and to take the proof and acknowledgment of all charter parties, marine oatbs, Ac. protests, contracts and other written instruments, and to issue sub. snb. poenas for witnesses to appear and testify, with like effect and penalties iKunas. g^ subpoenas issued by courts of justice. All willful false swearing in Pcijury. any proceeding under the provisions of this act shall be deemed and. held to be willful perjury, and indictable and punishable as biic2i« Arbitmtor After the allegations and proofs of the respective parties have been monSy' heard, the arbitrator shall have power, upon notice to both parties, to penonto summon any person to give testimony before the arbitrator or the *** ^' board, if he or they shall deem such additional testimony neceesaiy Award to to enable them to do justice between the partiea After the final hear- \nmng. iiigi the arbitrator or board, or a majority thereof, shall make an a'^ard in writing, under his or their hands, stating the settlement of the con- troversy, dispute or matter of difference heard and determined by him To be or them, and file the same, within five days after such final hearing, ^®**- with the arbitration clerk hereinafter provided for ; and if the said award shall construe any contract, or require either party or both Order. parties to do or forbear doing a particular act or acts, or to pay a »nm of money, the arbitrator hereinafter mentioned shall, at the request of either party, make an order to that effect, and otherwise to carry out the provisions of the award, which order shall, at the instance of either party, be filed by such party in the office of the clerk of the county of New York ; and it shall be the duty of such county clerk, upon being paid his fees Order, therefor, to docket such order. If such order shall require the payment maybe **' ^^ ^ ^^^ of money, or the delivery of any property, any party may entered enter Up, in the manner now prescribed by law for entering judgments ereon. ^^ ^^^ Supreme Court, a judgment a^inst the party or parties required to pay such sum of money, or deliver any property, and in fiivor of the paHy or parties to whom it should be paicf or delivered, and execution may thereupon be issued and enforced thereon as and with like effect and validity as oh a judgment of the Supreme Court docketed in said Judgment, office ; and the said judgment shall in other respects conform to said an?f how orders, and when so entered, have the same force and effect as a judg- enforeed. ment of the Supreme Court of similar purport, and shall be enforced in the same methods and by the same processes and officers, upon the How die- payment of the fees now allowed by law ; and in case any sucn order charged. ^^^M be filed and judgment entered thereon, as aforesaid, the same may be satisfied of record and discharged in the same manner as judgments of the Supreme Court are or may be satisfied and discharged* Judg- No appeal, ments entered in conformity with these provisions shall not be subjectt ftamf *Ac! *o be removed, reversed, modified, or in any .manner appealed from by the parties thereto, except for frauds, collusion or corruption of saia arbitrator, or board, or either of them. Award ^ 5. The award of the arbitrator, or board, as provided for in thisacf, ^"**' shall be binding and conclusive ujwn all parties thereto, and shall be, effect and secure a final settlement of the matter submitted under the provisions of this act for his or their decision and award, and shall be Arbitrator upheld and sustained in all the courts of this State ; but the arbitrator a reiiear^*^ hereinafter provided for shall have power, for good cause shown, upon i<^ff- notice to, and hearing, the parties, to suspend and defer making the order for canying out the provisions of the award, and to order that the cause be heard again before the same or other persons to be nominated and appointed as allowed by this act in the case of the first hearing. But the party applying for such rehearing shall stipulate to pay all the nla- &AP. 278.] NINETY-SEVENTH SESSION. 339 "«»• ttry to carry out its provisions. In all cases where an immediate hear, immedi. ^ is desired by both parties, or is practicable, it shall be had. The f„*^ '*®*'"' ^itrator appointed by this act, and his successors, shall hold ofiice Arbitra ionng good behavior, and shall be removed by the Governor if, upon ^^li^^^t 4ie lu^ce and after a hearing, he shall be found guilty by the Gov- oiuce. fnior of malfeasance, misfeasance, or continued nonfeasance in office ; jflcase of the removal or death of any arbitrator, his successor shall be Removal, nominated and appointed in the same manner as the first arbitrator. The aame punishment shall be inflicted upon any person convicted of mafiia"*' ■tealing, mutilating or altering the books, records or papers herein tinar. Ac., toected to be filed with or kept by the clerk of arbitration, as are or &o. ** 840 LAWS OF NEW YORK. [Chap. 280. may hereafter be, by law, annexed to similar acts in regard to records Constrnc- in the office of the clerk of New York county. Nothing in this act shall jmiAdic- be construed to give any jurisdiction to the chamber of commerce of the tiott. State of New York, to the arbitrator, or board, except upon the volun- tary submission and election of the parties, as proviaed for in this act ; Canse not nor shall any minor, married woman, or person of unsound mind, nor ^ ^'ed to ^^y m&tter pertaining to a fee or life tenancy in real estate, be brought mov any c«nrt, before such arbitrator or arbitrators ; nor shall any cause or matter sub- Ic?^^ ' mitted to the arbitrator, or board, as provided in this act, .be subject to removal by or to the jurisdiction of any of the courts of this State, except as herein provided ; nor shall this act apply to any cause or matter which shall be pending in any of the courts of this State, or before any arbitration committee established by law, previous to the snbmis. service of the simimons, as provided in this act. . The voluntary sub- no "be^i^ mission to arbitration of the particular cases contemplated in this act, ^itin^ and in the method herein provided, need not be in writing, otiberwise aI^?*^ ' than as herein provided. This act shall not be held to repeal the exist- Cornmis- ing statutes in relation to aibitration. Commissions to take testimony to^be'LucT allowed by the arbitrator may be issued in the same manner and with «^- the same effect as in courts of record, and witnesses shall be entitled to the same fees as in said coiu*ts. ^ 8. This act shall take effect immediately. Chap. 279. AN ACT in relation to the compensation for the consump- tion of gas, and lighting and maintaining street lamps in such portion of the twenty -fourth ward of the city of New York as formerly constituted the town of West Farms, Westchester county. Passed April 29, 1874 ; three-fifths being present The People of the State of New T&i'h^ represented in Senate and Assembly^ do enact as follows : Section 1. Such portion of the twenty-fourth ward of the dty of New York as formerly constituted the town of West Farms, Westchester county, is hereby exempted from the operation of all laws providing for the payment for lighting and erecting and maintaining street lamps therein, so &r as the same impose a local tax or assessment for such pur- poses, from and after January first, eighteen hundred aiid seventy-four. ^ 2. This act shall take effect imn^ediately. Chap. 380. AN ACT to amend the several acts in relation to the Industrial Exhibition Company, and to authorize the issuing of bonds for the purposes of its organization. Passed April 29, 1814 ; three-fiftlis being present The People of the State of New Yorky represented in Senate and Assembly, do enact as follows : s«peai. Section 1. Sections two and three of the act entitled '' An act to amend an act entitled ' An act to incorporate the Industrial Exhibition QsA^. J81.] NINETY-SEVENTH SESSION. 34=1 Gnapany, and to anthorize eaid company to purchase reaV estate and t}i«reon a building or buildings which shall be used as an indns^ exhibition,' passed April twenty-first, eighteen hundred and 0?reiit7, and the act amendatory thereof; and to authorize the mayor, aidennen and commonalty of the dty of New York to make a loan to ihe said company," passed June eighteenth, eighteen hundred and aeFenty-three, are hereby repealed, and so much of the act entitled ^ An act to amend an act entitled ' An act to incorporate the Industrial Szhibition Company, and to authorize said company to purchase real eslate in the dty of New York, and to erect a building or buildings irtiich shall be used as an industrial exhibition,' " passed April twenty- first, eighteen hundred and seventy, passed May fourteenth, eighteen handred and seventy-two, added as scions fourteen and fifteen to the said act, passed April twenty-first, eighteen hundred and seventy, are hereby repealed. \ 2. The Industrial Exhibition Company may issue mortgage bonds Company in 0Qch manner, and for such amount, and at such times, and upon such morJage^ amditions as its stockholders, or a majority of them, may elect, upon its ^nos. real estate, personal estate, and the income thereof. The said bonds may be given for fifty years, and the prindpal and interest thereon may be made payable at such times and retired and redeemed in such • manner as said company may determine, and contain such rights and privileges as the said company by its ^;ockholders may determine or etect. The amount of bonds that may be issued under the provisions Amonnt of this act shall not exceed twenty millions of dollars. thereof. \ 3. All acts or parts of acts inconsistent herewith are hereby rei)ealed Repeal. so ^ as they relate to this corporation. \ 4. This act shall take effect immediately. Chap. 281. AN ACT to amend an act entitled "An act to amend an act entitled *An act to legalize the State and county taxes in the county of Rensselaer, for the year eighteen hundred and fifty-nine, and to provide for the collection thereof, and to authorize the sale of lands in the city of Troy for unpaid State and county taxes, passed April tenth, eighteen hundred and sixty/ and to provide for all lands returned for non-payment of taxes by the col- lectors of the several towns in said county of Rensselaer, shall be sold by the county treasurer in the city of Troy, and be subject to redemption and conveyance," passed April second, eighteen hundred and sixty-six. Passed April 29, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SscnoN 1. Section two of the act entitled ''An act to amend an act Amena- ^ititled 'An act to legalize the State and county taxes in the county of °^^°^* BenSBelaer, for the year eighteen hundred and fi[fty.nine, and to provide for the collection thereof, ^nd to authorize the .sale of lands in the city of Troy for unpaid State and county taxes, passed April tenth, eighteen 84:2 LAWS OF NEW YORK. [Chap. 282. hundred and sixty/ and to provide that all lands returned for non-x^ay- ment of taxes by the collector of the several towns in said county of neusfielaer, shall be sold by the county treasurer in the dty of Troy, and be subject to redemption and conveyance/' passed April second, eighteen hundred and sixty-six, is hereby amended so as to read as follows : ^ 2. Section three of said act is hereby amended so as to read as follows : List of ^ 3. The said county treasurer shall, immediately after the expiration We to bt ^^ ^^® aforesaid one year, cause to be published once a week for sdx joid tor weeks, in at least two of the public newspapers of the dty of Troy b/p^. having the largest drculation, and in a public newspaper printed in the lished. villa^ of Lansiufi^burgh, and also in a public newspaper published in the third assembly district of the said county of Rensselaer, a listjor statement of the real estate, with such tax and the interest thereon, and Notice of so liable to be sold ; and also a notice that the said real estate will, on a day at the expiration of the said six weeks, to be spedfied in such notice, and succeeding days, be sold at public auction at the court-house in the city of Troy, for the lowest term of years at whidi any person shall offer to take the same, in consideration of advandng the sum necessary to discharge the taxes, interest and charges aforesaid, which may be due thereon at the time of sale. ^ 3. This act shall take effect immediately. sale. Chap. 282. AN ACT to release to Samuel McCracken the real estate of wliich Robert McCracken died seized, in the town of Lewiston, in the county of Niagara. Passed April 29, 1874 ; by a two-third vote. The People of the State of New Torky represented in Senate and Assembly y do enact a^foUaws : Tiuc of Sbcttion 1. All the right, title and interest which the State of New lolaivig'iii Yo''^ ^^ acquired by escheat in the real estate in the town of Lewis- Niajgrara tou, county of Niagara, and State of New York, whereof Robert released. McCrackeu, late of said town of Lewiston, died seized, is hereby released and quit-claimed to Samuel McCracken, the brother of the said Bond to Robert McCracken, deceased ; provided, however, that the said Samuel cated?" McCracken, before the provisions of this act shall be of fiill force and effect, shall execute to Elizabeth McCracken, sister of the said Robert McCracken, deceased, a good and sulhdent bond, under a X)enalty of four thousand dollars to be paid to the said Elizabeth McCracken, for the faithful performance of the concUtions thereof, to wit : That the said Samuel McCracken, his heirs,, executors or administrators, shall, and do well and truly provide and furnish for and to the said Klizabeth McCracken, during the term of her natural life, such sufficient support and care in sickness and in health in all respects as is suitable to her station in life. ProriM. ^ 2. Nothing in this act contained shall release, discharge or impair any right, claim or interest of any creditor or purchaser, mortgagee or heir-at-law in the said real estate. \ 3. This act shall take.effect immediately. Chap. 284.1 NINETY-SEVENTH SESSION. 843 Chap. 283. AN ACT for the relief of Christian A. Nauert. Passed April 29, 1814 ; three-fifths being present The People of the State of New Tork^ represented in Senate and AssemUpy do enact a^s foUows : Section 1. The comptroller of the dty of New York is hereby author* Payment ized and directed to pay from the avails of the sale of county court- tUw^A.^ house stock to Christian A. Nauert of said dty the sum of fifteen thou- ^AQort- sand dollars, or so much thereof as the comptroller of the city of New York shall, on audit of said Nauert's claim, be satisfied is a just and l^ial claim acainst the said city and county or eaid county of New York. for labor and services performed and materials furnished by the said Nauert in and about fitting up the apartments occupied and used by the county clerk of the dty and county of New York. \ 2. Tins act shall take effect immediately. Chap. 284. AN ACT to authorize the town of Glenville, Schenectady county, to purchase the bridge belonging to the Schenec- tady Bridge Company. Passed April 29, 1874 ; three-fifths being present. TTie People of the State of New Tork^ represefUed in. Senate and Assembly y do enact as follows : Section 1. The auditing board of the town of Glenville, county of Schenectady and State of New York, whenever the consent in writing of a majority of the tax-payers of said town whoee names appear upon the last preceding assessment roll, shall have been filed in the office of the town clerk of said town, is hereby authorized and empowered to negotiate with and to purchase of the Schenectady Bridge Company all the structures, real estate, corporate rights, franchises, privileges and slock belonging to said corporation. Tne said board are hereby pro- hilHted from paying any greater sum for said structures, real estate, cor- porate rights, &anchises, privileges and stock belonging to said corpo- ration, than the sum of six thousand dollars. \ 2. The said auditing board of the said town of Glenville are hereby required to issue the bonds of the said town for an amount suffident to pay the sum for which the said board may have purchased the said real estate, bridge structures, corporate rights, franchises and stock of said eompany for a .sum not exceeding six thousand dollars. Said bonds shall be made payable at any time, in the discretion of said auditing board, not exceeding six years, with interest at seven per cent, per annum, payable annually. ^ 8. The trustees of the said town of Glenville, whenever required and authorized by resolution of the legal voters passed at any regular town meeting or annual election of town officers of said town, shall have power to ana are hereby required to apply so much of the fund of said town as by said resolution shall be callM for, and which said sum shall be appliea in the manner as shall be authorized by the resolution so passed by the said town meeting. Town boanlmay Snrcbose ic prop- erty oi' Scneneo- tady Bridge Company. lilmic of price. Bonds to be issued. When payable. Appltca> tiou of town l\ind. 84=4: LAWS OF NEW YORK. [Chap. 285. Taxto pay ^ .4 The board of supervisors of the county of Schenectady are hereby bonda. required from time to time, as such bonds shall become due, t-o levy a tax upon the real and personal property of said town of Glenville for sums siifficient to pay said principal ana interest so becoming due as aforesaid, and the amount of said tax shall be paid over to the super- visor of the town of Glenville, and by him applied to pay the amount so due as aforesaid. Corporate ^ 5. And the pavment to the treasurer of the said bridge company, of biidle *^® amount agreed upon to be paid by said auditing board, and the structtire, taking of the receipt of said treasurer therefor, then tne right and title to^veaun'to said Corporate rights, bridge structure, franchises, stock and aj)- the town, proaches, privileges and all real and pergonal property of said bridge company shall forever vest in the town of Glenville, and shall be main- tained and kept in repair by said town of Glenville. Convey- § 6. Por the purpose of carrying into effect the provisions of this act, be ma4^^ the Schenectady Bridge Company are hereby authorized and empowered to transfer and convey the corporate property, structures, real estate, corporate rights, franchises and stock of the said comx)any to the said town of Glenville, in conformity with and in manner and form provided by law and the provisions of this act. Control of § 1. In case the auditing board of the town of Glenville shall pur- bridge, chase the said bridge and franchises, then the said auditing board shall have the full control, management and direction thereof, and shall be in place and stead of trustees or directors of said bridge comjyany. Andidng ^ 8. The auditing board of said town of Glenville are hereby author- repa?r"or^ ized and empowered to repair and keep in repair the said bridge, or if reboUd. it shall become necessary to rebuild the said bridge, to rebuild the same, Co8t and the cost and expense of such repairs and rebuilding shall be a charge'* charj^^e upon said town of Glenville, and all moneys that shall be npoa received for tolls shall be used and expended in the repair or for the ^'^^' necessary expenses appertaining to said bridge. Expenses ^ 9. The auditin£f board shall place the amount of the exx)enses of the how t^"' repairs of said bridge in their annual town audit and present the same bo paid, to the board of supervisors of the county of Schenectaay at their annual session, and the said board of supervisors are hereby authorized and required to levy a tax upon the real and personal property of said town of Glenville, sufficient to pay the amount of such expenses. Bridge to ^ 10. The said bridge, if purchased by the town of Glenville, shall be be free, f^^^ fyj. ^^^ ^^ ^f ^^^ oitizens and tax payers of the town of Glenville, Taxation, and said bridge shall not be liable to taxation for any purpose whatever, except State and county taxes. BepeaL Ml. All actfl ai^d part of acts inconsistent with this act are hereby repealed. ^ 12. This act shall take effect immediately. Chap. 285. AN ACT in reference to the cemetery in the village of Herkimer. Passed April 29, 1874 ; three-fifkhs being present The People of the State of New Yorky represented in Senate and A8«enMj/f do enact aafoUotoa : Lot own. Section 1. It shall be lawful for the present lot owners and those ®" °^*^ hereafter owning lots in the Oak Hill cemetery, belonging to the villa^ Chap. 285.] NINETY-SEVENTH SESSION. 34:5 of Herkimer, to elect three trustees, the same to be the owners of lots elect tms- in aaid cemetery, two at least to be residents of the village of Herki- '*^^®' mer ; the first election of said trustees under this act shall take place First ciec- ai the next annual election of the charter officers of the said village of Sue bcw! Herkimer. The board of trustees of the village of Herkimer shall be inspec the inspectors of said election, and shall conduct the same and receive ^^^* **^* the votes of the persons hereinbefore designated as voters, and shall provide a separate box in which to deposit the votes aforesaid, and shall canvass the votes and declare the result, the minutes of which prooeedings shall be recorded, by the village clerk, in the book of record in and for said village. The trustees before purchai^ing any Consentto land for an addition to said cemetry shall obtain, in writing, the JJJdiUonai eonsent of a majority of the tax-payers of the village of Herkimer. inn^i. § 2. The ballot shall contain, at the first election aforesaid, the names BnUot. of not exceeding three persons, all of whom shall be lot owners and two at least residents of said village, which ballot shall be indorsed ** Cemetery trustees." ^ 3. The three persons who shall each receive the greatest number of who to be votes shall be elected and declared by the inspectors of election afore- elected** said, to be duly elected to the office of trustees as aforesaid, for the tnistecB. cemetery aforesaid. Immediately after the canvassing of the votes and declaring the result as herein provided, the presiding officer, at the election aforesaid, shall write the name of each of the trustees elected as aforesaid, upon separate slips or pieces of paper as near the same size as possible, and shall fold the same up and. put them in a box prepared for that purpose, and shall, in the presence of the said inspectors, 8ex>arately draw the names of the persons aforesaid, from the box aforesaid, and the name of the first x^^rson drawn in the man- Trnstecs ner aforesaid shall hold the office of cemetery trustee for one year, the Sfled.*'***" seeond for two years, and the third for the term of three years after the said election aforesaid. j^ 4. From and after the annual election before mentioned, the trus- Powcn of tees elected as aforesaid shall be the trustees of the said Oak Hill *™»*«^- cemetery, and as such trustees shall have exclusive charge, control and management of said cemetery. ^5. Thereafter there shall be annually elected in the village ofAtrns- Herkimer aforesaid, at the annual election aforesaid, in the manner ellcU'dT aibr^^said, a trustee of the said cemetery, to supply the place of the annnaUy. trustee whose term, by the classification aforesaid, is about to expire. ^ 6. The said trustees, after their said election, shall appoint one of cierk and their number as a clerk of said board of cemetery trustees, and another ^®*»^'^®>^- as treasurer. ^ 1. It shall be the duty of said clerk, appointed as aforesaid, and his Dnties or successors in office, to keep, in a book to be provided by said trustees, ^^^^^' minutes of the proceedings of the said board of all their general and special meetings, also to record the name of each lot owner and the number of the lot owned by said lot owners, which said record shall be used by the trustees of the village to determine who are qualified voters under this act ; it shall also be the duty of the clerk to call all general General or special meetings of the trustees by giving at least six hours' notice of jrmeSf- the time and place of holding such general or special meetings. *"«»■ ^ 8. It shall be the duty of the treasuier of the said board of trustees, Treaswr- immediately after he is appointed, to give to the president of the village *'"'* ^'**- of Herkimer a bond, in the i)enalty of not less than five hundred dollars, for the faithful accounting and X)aying over to his successors in office of 23 846 LAWS OF NEW YORK. [Chap. 286. all moneys that may come to his hands as tieasnrer of said board of cemetery trustees. Duty of ^ 9. It riiall be the duty of the treasurer to collect all moneys for lots trejujurep. g^j^ ^yy said trustees ; and all assessments made by said trustees, on owners of lots, for the purpose of paving the expense of necessary fenc- ing said ground and improving and taking care of said cemetery, and the lots, roadways and alleys tnerein, and for constructing the necessary vaults and such other expenses as may be deemed necessary by said trustees for said cemetery, and to pay for any additional lands necessary. Powers of ^ 10. The Said trustees shall have the power to assess the owners of truBtees. j^^ ^^ persons having the care of lots for the necessary expense of properly keeping in repair and improving said lots, provided that no special improvement on any particular lot shall be charged on other lots. Said trustees shall have the |>ower to contract for and incur an indebtedness for the purchase of land for an addition to the cemeterr. Map to be and shall lay out the same in lots, and shall procure a map of ^id adm- rewpded!^ tion, and of the present cemetery, to be made by a competent civil engineer, who shall plot and number the lots in said cemetery, which map shall be recorded in the county clerk's office of the county of Herkimer. Ttmstees ^11. The tnistees hereinbefore mentioned shall iix the price at which offoti!"'^* they will sell any lot or lots, and all expense of grading the same shall Deeds, be paid by the purchaser ; and said clerk of said cemetery trustees shall, in the name of said board of cemetery trustees, give and deliver deeds of the lots so sqld. Trustees ^ 12. The trustees herein mentioned shall have the full control and Jhase^^ad- management of the present c>emetery as well as of all or any additions ditiOTiai that may be made thereto, and w^henever the said trustees shall deem *" * it necessary to purchase any additional land for cemetery use and pur- poses they shall cause the same to be laid out, and a map of said addi- tions, with the number of each lot thereon to be filed as aforesaid, and they shall have made and retain a true copy of the map or maps of said cemetery and the additions thereto to be kept by the clerk of said board of trustees of said cemetery. Trnstees & 13. The trustees of the village of Herkimer shall pay to the trustees to pay ^ to be created under this act all moneys now in the x)ossession of the county ^I'ust^^s of the vil We of Herkimer to the credit of the cemetery fund, ^d,ftc. and shall assign ana deliver to them all claims and demands for lots sold in the said cemetery, and the money so paid, and the money which may be realized upon claims so assigned shall be used by the cemetery trustees for the purpose of improving the cemetery. 14. All acts inconsistent with this act are hereby repealed. 15. This act shall take e£fect immediately. Chap. 286. AN ACT to authorize the town of Clifton Park, Saratoga county, to purchase the bridge belonging to the Rexford Flats Bridge Company. Passed April 29, 1874 ; three-fifths being present The People of the State of New Toi*k, represented in Senate and Assembly^ do enadi asfolloioa: Aaditing SECTION 1. The auditing board of the town of Clifton Park, in the JSrchaM^ county of Saratoga, and State of New York, whenever the consent in Chap. 286.] NINETY-SEVENTH SESSION. 847 writing of a majority of the tax-payers of said town, whose names the prop- appear upon the last preceding assessment roll, shall have been filed in ReJford^® the office of the town clerk of said town, is hereby authorized and em- ^ats powered to negotiate with and to purchase of the Rexford Flats Bridge company. Company, all the struct-ures, real estate, corporate rights, franchises, privil^^ and stock belonging to said corporation. The gaid board are hereby prohibited from paying any greater sum for said slnicrtures, real estate, corporate rights, franchises, privileges and stock belonging to eaid corporation than the sum of six thousand dollars. § 2. The said auditing board of the said town of Clifton Park are Town hereby required to issue the bonds of the said town for an amount suf- brtesued. fident to pay the sum for which the said board may hare purchased the eaid real estate, bridge structures, corporate rights, franchises and stock of said company for a sum not exceeding six thousand dollars ; said when bond shall be made payable at any time, in the diecietion of said P*y*ibie. auditing board, not exceeding six years, with interest at seven per cent, -per annum, payable annually. § 3. The board of supervisors of the county of Saratoga are hereby Tax fbr required, from time to time, as such bonds shall become due, to levy a Jf ^onSs. tax upon the real and personal property of said town of Clifton Park for sunas 'sufficient to pay said principal and interest so becoming due ae aforesaid, and the amount of said tax shall be paid over to the super- visor of the town of Clifton Park, and by him applied to pay the amount so due as aforesaid. ^ 4. And the payment to the treasurer of the said bridge company Propei-ty, of the amount agreed upon to be paid by said auditing board, and the ^J^t^n^ taking of the receipt of said treasurer therefor, then the right and title the town. to said corporate rights, bridge, structure, franchises, stock and approaches, privileges and all real and personal property of said bridge company shall forever vest in the town of Clifton Park, and shall be maintained and kept in repair by said town of Clifton Park. § 5. For the purpose of carrying into effect the provisions of this act, Convey- the Rexford Flats Bridge Company are hereby authorized and empow- *"*'®" ered to transfer and convey the corporate rights, fi-anchises and stock of the eaid company to the said town of Clifton Park, in conformity with and in manner and form provided by law and the provisions of this act. ^ 6. In case the auditing board of the town of Clifton Park shall pur- Control of chat^ the said bridge and franchises, then the said auditing board shall ^***^«^®- have the full control, management and direction thereof, and shall be in place and stead of trustees or directors of said bridge company. § 1, The auditing board of said town of Clifton Park are hereby Anciiting aathorized and empowered to rex)air and keep in repair the said bridge, Jepih"ir^ or if it shall become necessary to rebuild the said bridge, to rebuild reuniid. the same, and the cost and expense of such rex)airs and rebuilding shall be a chaige upon said town of Clifton Park, and all moneys that shall toii»,iiow be received for tolls shall be used and expended in the repairs or for '^*^*^®"- the nec^essary expenses appertaining to said bridge. ^ 8. The auditing board shall place the amount of the expenses of Expenses the Tejwurs of said bridge in their annual town audit, and present the Sow?© be same to the board of sui)ervisors of the county of Saratoga at their paid. annual session, and the said board of supervisors are hereby authorized and required to levy a tax upon the real and personal property of said toi^n of Clifton Park sufficient to pay the amount of such expenses. ^ 9. The said bridge, if purchased by the town of Clifton Park, shall Bridge to be free for the use of the citizens and tax payers of the said town of **® ^'^^' Clifton Park. LAWS OF NEW YORK. [Chap. 288. Repeat ^ 10. A.11 acts aud X)arts af acts inoonsisient with this act are hereby repealed. ^11. This act shall take effect immediately. Chap. 287. AN ACT to provide for opening Front street, in Long Island City, Queens county. Passed April 29, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate a7id Assembly^ do enact asfoUmoB : Coramig. Section 1. The commissioners of highways of Long Island City are hSfif^ys hereby authorized and required to open Front street, between West to open First street and West Second street, in Long Island City, as the same is street. j^^^ down on the map of the Hunter farm, made by Charles Perkins, and filed in the year eighteen hundred and fifty-three, in the office of the clerk of Queens county. Map and fj 2. The Said commissioners of highways shall immediately after the Sfbe^edL Passage of this act, proceed to file a map of said portion of Front ' street, with a certificate that the same is and shall continue a public highway, in the office of the clerk of Long Island City. They shall Commis. apply U) the Supreme Court, at any special term in the second judicial l^ers to district, for the appointment of commissioners to assess the damages of damajree. any person whose lands or property be taken or be necessary for the Assess- opening of said street, and they shall proceed to have said damagesi, ment. together with the expense of grading said street, assessed, according to law, upon the lands adjoining benefited thereby, and as said court Damages shall direct ; and the said damages and expenses of grading said street, Senses when asscssed, shall be levied, assessed aud collected ui)ou said landis Rw col. adjoining, benefited thereby, as other assessments are collected, and looted, p^ J Q^j^ |.Q ^jj^ parties entitled thereto by the award of said commit. street, sioners of assessments. As soon as said expenses of grading said street bemded ^^ assessed, the said highway commissioners shall cause said street to Ac. ' be graded, and shall remove all obstructions on said street, and open the same to public use and travel. ^ 3. This act shall take effect immediately. Chap. 288. AN ACT to incorporate societies for the improvement of poultry, small birds and domestic animals, and fish cul- ture. Passed April 29, 1814. TAc People of the State of Neto Yorky represented m Senate and Assembly y do enact as fallows : Company SECTION 1. Any number of persons, not less than thirteen^ may ibirm formed. * Company for the purpose of imi)ortinflf and improviug poultry and Objects, small birds and domestic animals, and iish culture, and collectiug and disseminating usefiil knowledge concerning them, by holding fairs, distributing awards and premiums, and by publishing debates and Chap. 289.] NINETY SEVENTH SESSION. 849 tr&nsactioiis, and by siicfa other lawful means as the members of the society may deem expedient. ^ 2. Such societies ^all have power to elect a president, one or more Powen. vioe-presidents, secretaries and a treasurer, and may make a constitu- Hon and by-laws for their government, and may hold real estate or other property to the value of twenty thousand dollars. § S. Societies organized under this act shall possess the powers and be Oenei-ai subject to the restrictions and liabilities of title three of chapter eighteen, po^<^»- of part one of the Revised Statues. § 4. Hie stockholders of any corporation hereafter formed under this liabuity act or any act amendatory hereof, or supplementary hereto, or extend- SoidorB* ing the operation and effect hereof, shall, in addition to the liabilities provided for in said acts, be individually responsible, equally and ratably, in an amount to the extent of their respective shares of stock in such corporation. The term stockholder, as used in this section shall Tenn apply, not only to such persons as appear by the books of the corpora- |r^ to^°'^' tion or association to be such, but also to every equitable owner of stock wfcom to although the same may appear on such books in the name of another *^**'^' person ; and also to every person who shall have advanced the install- ments or purchase-money of any stock in the name of any person under twenty-one years of ^e, and while such person remains a minor, to the extent of such advance ; and also to every guardian, or other trustee, who shall voluntarily invest any trust funds in such stock ; and no trust TrnstfVind fands in the hands of such guardian or trustee shall be in any way liable '*^* ^*"^**' under the provisions of this act, and the acts aforesaid, by reason of any such investment, nor shall the i)erson for whose benefit any such invest- Benefici- ment may be made, be resi)onsible in respect to such stock until thirty ^©nnot days after the time when such persons, respectively, become competent uabie. and able to control and dispose of the same ; but the guardian or other trustee making such investment as aforesaid, shall continue responsible as a stockholder, until such responsibility devolves upon the person beneficially interested therein ; and, in respect to stock held by a guar- dian or other trustee under a transfer of the same by a third person, or under positive directions by a third person for such investment, the person making such transfer, or giving such directions, and his execu- tors and administrators shall, for the purposes of this act, and the acts aforesaid, be deemed a stockholder ; and the estate of such person, if Estate of he be deceased, shall be responsible for the debts and liabilities charge- plreoS*^ able on such stock, accordii^ to the provisicHis of this act ^^en iSa \ 5. This act shall take effect immediately. ^' Chap. 289. AN ACT to release the interest of the State of New York in and to certain real estate of which George H. Hansen died seised or possessed. • Passed April 29, 1814 ; by a two-third yote. The People of the State of New Tork^ represented in Senate and AftsenM^y do enact as follows : Section 1. All right, title and interest of the people of the State of ntie o^ New York in and to certain real estate, land and premises situated in IStanul^in the city of New York, of which George H. Hansen died seized or pos- New York seesed, acquired by escheat of the same on the death of the said Gfeorge SJlEel.' 850 LAWS OF NEW YORK. [Chap. 291. Proviso. Notice to be pub- lished by collector. Amend- ment. H. Hansen, are hereby granted and released to Oscar Hansen and Mathilde Hansen, their heirs and assigns forever, as heirs-at-law of the said Oeorge H. Hansen, deceased ; the said Oscar Hansen and Mathilde Hansen are hereby authorized and empowered to sue for, and recover the said real estate, and the rents and profits arising therefrom, or any part thereof, in the same manner and with the same force and effect as if they had been citizens of the United States at the time of the death of the said George H. Hansen. § 2. Nothing herein contained shall be construed to impair, release or discharge any right, claim or interest of any creditor in and to the same. § S. This act shall take effect immediately. Chap. 290. AN ACT requiring the town collector of the town of Poughkeepsie to publish the times and places at which he will attend to receive taxes. Passed April 29, 1874 ; three-fifths being present. The People of the State of New York, represented in S&nate and Assembly i do enact as follows : Section 1. Immediately on the delivery of the tax roll and warrant to the collector of the town of Poughkeepsie, as provided by law, he shall publish, at the expense of the town, notice thereof, in two morn- ing pai)ers published in the city of Poughkeepsie, not less then three days in succession, together with a notice that he will attend at a certain place or places on a certain day or days, as now provided by law, with said roll or warrant for thirty days next after the first publication of said notice (Sundays excepted), from ten o'clock a. m. to five o'clock p. M., to receive town, county and State taxes, and it shall be his duty to attend accordingly. ^ 2. This act shall take effect immediately. Chap. 291. AN ACT to amend an act to revise, amend and consoli- date the laws in relation to the village of Norwich, in the county of Chenango, passed March twenty-third, eighteen hundred and fifty-seven. Passed April 29, 1874 ; three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact asfoUotos: Section 1. Section eleven of an act of the legislature of the State of New York, entitled "An act to revise, amend and consolidate the laws in relation to the village of Norwich, in the county of Chenango," passed March twenty-third, eighteen hundred and fifty-seven, is hereby amended by inserting after the words, " circuses or other per- formances for money," at the end of the fourth paragraph of said section, the words "hawking and peddling and auction sales not official." ^ Z. This act shall take effect immediately. Chap. 294.] NINETY-SEVENTH SESSION. 851 Chap. 293. AN ACT to amend an act entitled "An act to incorporate the Sag Harbor Wharf Company/' passed April nine- teenth, eighteen hundred and thirty-three. Passed April 29, 1874 The People of the State of New York, represetited in Senate mid Assernblj/y do encLct as foUoios: Section 1. Section one of the act entitled "An act to incorporate the Sag Harbor Wharf Company," passed April nineteenth, eighteen hundred and thirty-three, is hereby amended so as to read as follows : \ 1. Lewis Howell, Samuel Huntting, William R. Mulford, and such corpon- others as are now or may be hereafter associated with them, owners '**"*■ of the wharf, late the property of the State of New York, and of the wharf called the Long Wharf, at the outer end of which the iirst^men- tioned wharf was constructed, and their successors forever shall be a body corporate, in fact and in name, by the name and style of " The Corporate ^ Harbor Wharf Company," and the provisions of the said act shall "*™^- apply to any wharf or wharves now owned or hereafter acquired by said company. Chap. 293. AN ACT to enable the supervisor of the town of East Hampton, Suffolk county, to purchase landing places for said town. Passed April 29, 1814 ; three-fifths being present. The People of the State of New York, represented in Sefiate and Assemblj/, do enact as follows: Section 1. The supervisor of the town of East Hampton, Suffolk sopeni- county, shall have power to purchase (for and in the nam^ of said town pnroSaM and at the expense Of said town, the same to be assessed and collected land, for % as any other town charge) land next to any of the highways leading ^*"<*"^- to the water on the northern and eastern boundaries of said town, ana to use and control said land for the public use as landing and storage ground for the deposit of wood, stone, timber and other bulky articles while waiting shipment or transportation. \ 2. This act shall take effect immediately. Chap. 294- AN ACT in relation to the Mohawk and Ilion Horse Rail- road Company, in Herkimer county. Passed April 29, 1874. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The Mohawk and Ilion Horse Railroad Company, in the Corpora- town of Qerman Flats, m the county of Herkimer, heretofore organized dn»t£y. 853 LAWS OF NEW YORK. [Chap. 295. under the ^'Act to authorize the formation of railroad corporations, and to regulate the same," passed April two, eighteen hundred and iifty, and the several acts additional and amendatory thereof, is hereby declared to be a body politic and corporate, with the powers and privi- leges conferred by this act, and the duration of the same may be one hundred years from the passage of this act. Majr bniid § 2. The said corporation is hereby authorized to construct, build and araUroad. maintain a railroad, to be operated with horse power, in and along Maine street of the village of Mohawk, and in and along the Maine street of PenniB- the village of Ilion, according to any permission and grant heretofore 8ion. given and made for that purpose by the trustees of the said villages of Mohawk and Ilion respectively. Weight ^ 3. All provisions of law contained in said act, passed April two, of rau.*^^ eighteen hundred and fifty, and the several acts additional to and amendatory thereof, prescribing the weight and kind of rail to be used, are declared to be inapplicable to the road authorized by this act., and Exemp. the said company is also declared to be exempt from sections twenty. ^^^^ seven, thirty-seven, thirty-eight, forty, forty-four and forty-five of said act, and from sections one and two of chapter one hundred and forty, and section eight of chapter two hundred and eighty-two of the laws of eighteen hun(£red and fifty-four. Liabilities ) 4. Except as in this act provided the said company shall be subject ^we«, ^ all ^Y^Q provisions and liabilities, and shall have all the powers and privileges contained and specified in the said act of April second, eighteen hundred and fifty, so far as the same shall be applicable. Railroad, § 5. The aforesaid railroad shall be constructed on the most approved SoustTQot P^^^ ^^^ *^® construction of railroads, and the track of such road shall ed, Ac. not be less than flush with the surface of the street or highway, and ghall conform to the grade as it now is or as it shall be from time to time altered ; and the company hereby created shall keep the surface of said street inside the rails of, and for one foot outside thereof, in good and Fare. proper order and repair, and may charge and receive for carrying of passengers a sum not exceeding fifteen cents each. Chap. 295. AN ACT to release the rights title and interest of the People of the State of New York to John B. Thomas, in and to certain lands in the city af Rochester of which Charlotte Thomas died seized. Passed April 29, 1814 ; by a two-third vote. The People of the State of Neto Torky represented in Senate and Assembly y do enact aafoOxnoe : Titte of Section 1. All the right, title and interest of the people of the State to*iand?in ^^ Ncw York in and to the following described lands, situated in the ^y of city of Rochester, in the county of Monroe, namely : The east one-half ^eaaodL'^ of lot " A," in the subdivision of lot nine, east of Erie canal, whidi east half of said lot " A " is twenty feet in front on the south side of Lvell street, and extends back southwardly one hundred and fifty feet of the same width, and is more fully described in a deed of the same from John Rankin and wife, bearing date August twenty-ninth, Anno Domini eighteen hundred and sevenW, and recorded in the clerk's office of Monroe county in liber two hunaied and thirty-seven of deeds, at Chap. 296.J NINETY-SEVENTH SESSION. 353 page four hundred and thirty-five, is hereby released to John Billing Thomas, of Rochester, Monroe county, New York. ^ 2. Nothing in this act contained shall be construed to afiect or Rights of impair the right of any heir-at-law, devisee, creditor, purchaser or per- ^®e''5fcc®^* 9aa holding a lien on said land of or from Charlotte Thomas, late the not affect- wife of said John Billing Thomas, now deceased. ®^' § 3. Tliis act shall take effect immediately. Chap. 296. AN ACT to subject the real and personal property of the New York and Oswego Midland Railroad Company to taxation, and to appropriate the amount of the county taxes thereon to certain towns, to be applied toward the payment of the interest or principal on certain town bonds. Passed April 29, 1814 ; by a two-third vote. TTie People of the State of New Yorkj represerited in Senate and Assembly^ do enact asfoUcnm : Section 1. All laws and parts of laws in so far as they exempt the RepeaL property, real or personal, of the New York and Oswego Midland Rail- road corporation from taxation, are hereby repealed, and the real and Taxation personal property of the said corporation is hereby made subject to dtate, county, town and mnnicipal taxation. ^ 2. All moneys to be collected upon the real and personal property Proceeds of the said corporation and upon said real property now or hereafter Se*paw to used or held, or which may hereafter be need or held by any receiver or commis- snocessor of said corporation for county taxes in any of the towns or towns? ^^ mumcix)alitieB by which bonds have been issued in aid of the construc- tion of the New York and Oswego Midland Railroad, are hereby appropriated to eaad towns or municipalities respectively, and shall be paid over to the commissioners of such towns or municipalities appointed punniant to an act entitled '^ An act to facilitate the construction of the New York and Oswego Midland Railroad, and to authorize tow^ns to oibecribe to the capital stock thereof, passed April fifth, one thousand eight hundred and sixty-six," or any act supplemental thereto or amendatory thereof, and the said moneys shall be by eaid commissioners How to be expended for and applied to the payment of the interest on said bonds, "^pp"®*^- or to the principal thereof ^ 3. It shall be the duty of the collector of taxes of each such town or nnty of manicipality to pay over to the said commissioners of his town or tS?. ^^^^^^ manicipality, the amounts of the county taxes collected by him from the eaid corporation or the real and personal property thereof, within five days from the time the same is collected; and t^e said commissioners Receipt, shall give to the said collectors a receipt for the amount of county taxes BO received, which said receipt shall be returned to the treasurer of the oounty in which the said collector shall reside. \ 4. Ck)llector8 of taxes and the sureties on their official bonds shall Liability be liable for any neglect or failure to pay over to the said commissioners ?ot nuo^" the amounts, or any part thereof, by the provisions of this act directed sureties. to be paid by such collectors of taxes to the said commissioners. ^ 5. This act shall take effect inmiediately. 354= LAWS OF NEW YORK. [Chaj?. asj Title of state re- leased. Proviso. Chap. 297. AN ACT releasing the interest of the People of the Stat( of New York in certain real estate owned bj John ICirk land, now deceased, in the town of Cicero, Onondagi county, to Adaline Kirkland, his widow. Passed April 29, 1874 ; by a two-third vote* The People of the State of New Torhy represented in Senate ant Assembly y do enact as fMows: Section 1. All the estate, right, title and interest of the people of the State of New York acquired by escheat, by reason of the alienage ci John Kirkland, now deceased, of, in and to five pieces or x)arcels of laiid situate in the town of Cicero, in the county of Ononda^, in all contain. ing sixty-six and thirtv-two hundredths acres of land, on militaiy lott numbers sixty-five and sixty-six, in said town, all of the deeds to said John Kirkland for which pieces or parcels of land are duly of record in the office of the clerk of the county of Onondaga, is hereby released to Ada. line Kirkland, his widow, now residing in said town of Cicero, in ibb county of Onondaga. ^ 2. Nothing herein contained shall be construed to impair, release oaf discharge any right, claim or interest of any creditor, purchaser, heir- at-law or devisee in the said real estate. ^ 3. This act shall take eflTect inunediately. Jnitge of snpreme coart may order mortgage clJscharg- ed of re> cord. Chap. 298, AN ACT to enable the county clerk of Lewis county to discharge of record a certain mortgage. Passed April 30, 1874 ; three-fifths being present. The People of the State of New Yorky represented in Senate and Assembly y do enact as follows : Section 1. The owner of a certain piece of land in the town of Low- ville, Lewis county, upon which a mortgage was executed in eighteen hundred and thirty-seven, by Kent Jarvis, for the sum of twenty-five hundred dollars, said mortgage not being discharged of record, may make application to any judge of the Supreme Court in the fifth judicial district, who upon hearing such case, if satisfied that such mortgage has been paiel, may direct the county clerk of said county to dischaiw ibe same of record ujwn the filing of a bond with said clerk, the conditions, amount and sufficiency thereof being approved by said judge. Nothing herein contained shall affect any suit now i)ending. § 2. This act shall take effect immediately. QuF.JdS.] NINETY-SEVENTH SESSION. 355 Chap. 399. AS ACT making an appropriation to pay the expenses of the collection of tolls, superintendence, ordinary repairs and maintenance of the canals for the fiscal year com- mencing on the first day of October, one thousand eight hundred and seventy-four, and to supply deficiencies in former appropriations. Passed April 30, 1874 ; three-fifths being present. The People of the State of Neio Torky represented in Se7iate and i^enMy, do enad asfoUaws : , Sktihi L The following soms are hereby appropriated out of the Appropn- wenaes of the State canals for the fiscal year commencing on the first ^^^^^ ^of October, eighteen hundred and seventy-four : Ks* paying the expenses of the collection of tolls, the superintend- Forcoiieo- ooea&d ordinary repairs of the canals, the salaries, traveling expenses to^Hs^^io. ai clerk hire of the canal commissioners, the state engineer and porinten- Brreyor, the canal appraisers, and the incidental charges and expenses ariesf&c.' oi 1it»dr office, the salary of the auditor of ibe canal department, the dak hire therein and the incidental charges and expenses thereof, the ttm of one million four hundred and twenty-four thousand five hun- ind and ten dollars, or so much thereof as may be necessary to be ezpeoded daring the fiscal year, to be distributed, applied, apportioned lod disposed of as follows : For salaries, traveling expenses and clerk hire of the canal commis- Canni «oneift,axteen thousand four hundred dollars ; and for the salary of SJSeiiT h clerk of the board of canal commissioners, two thousand and ^^^ twenty.five doltos. For the salary and traveling exx)en8es of the State engineer and state engi- fiinfeyor, two thousand seven hundred dollars. '*®®^* For the salaries and clerk hire of the superintendents of repairs of Snperin- fte canals, the sum of seventy thousand dollars, or so mudi thereof as on^p^. tt^ be necessary. Ibrthe salaries and traveling exx)enses of the canal appraisers, and canaiap w derk hire in their office, the sum of twenty-five thousand and p^^^^- t^fflif-five dollars, or so much thereof as may be necessary. to the salary of the auditor .of the canal department, two thousand Auditor. ^« hundred dollars, and for clerk hire in the said department, the sum « fifteen thousand dollars. For the salaries and compensation of the engineers enaployed on the Engi- *2»Miy repairs of the canals, including the incidental expenses of**®**"* ^^Qgin^ra, the sum of twenty-four thousand dollars, or so much "^f as nay be necessary. For the salaries and Gomx)eusation of the collectors of canal tolls and Collectors w^ clerks, and for salaries and compensation of weigh-masters and ^^'**^- ^assistants, including the incidental ex{)enses of said collectors and ^^^inasters, and the compensation of inspectors of boats and their ™S^, the sum of one hundred and ten thousand dollars, or so much ^^ as may be neoessarr. r^ ® payment of such incidental and miscellaneous charges and inciden- 3*** as are authorized by existing statutes to be paid out of the **^*- ^* revenues, and charged to the account of of the Erie and Champlain 856 LAWS OF NEW YORK. [Cha:p. 2» Ordinary repairs. Eastern division. Middle division. Western division. Deflcien- canal fund and the canal debt sinking fund, under section one of artic seven of the Constitution, Hnd sum of sixty thousand dollars, or ve appropriated and apportioned to the said divisions by this act, unless the canal hoard bf resolution, to be entered on the minutes of said board and by the cOiu curring votes of five members thereof, shall otherwise order arid direeb Breaks And the said canal board in case of breaks o^ breaches, or other extza* breaches. Ordinary occurrences happening on any one of said divisions, caasingor tending to a suspension or interruption of navigation upon such divisions shall, and the said board is hereby authorized to direct, in maan^above provided, the transfer of such portion of the unexpended balance ofOQ9 or both the other divisions, to the division requiring the same to sustatai How to be navigation, and the commissioner in charee of the division to whidi expended, g^^|^ transfer of appropriation shall be made shall expend the same in ' the amendment and reparation of the canals under his charge, designated in the resolution of the canal board authorizing such traaisfer. § 2. This act shall take effect immediately. Eastern division. Middle division. Western divittion. Restric- tion as to expenses. Transfer ofbal- auce. (hAP. 300.J NINETY-SEVENTH SESSION. 857 Chap. 300. IK ACT to amend chapter three hundred and thirty-five of the laws of eighteen hundred and seventy-three, entitled " An act to re-organize the local government of the city of New York," passed April thirty, eighteen hundred and seventy-three, and the acts amendatory thereof. Passed April 30, 1874 ; three-fifths being present. The People of the State of Neio Torkf represented in Senate and AueffMy, do enact a^ follows : SRnoir 1. Section thirty-nine of chapter three hundred and thirty. %m of the laws of eighteen hundred and seventy-three, entitled " An Mi to reorganize the local government of the city of New York," passed kprA thirty, eighteen hundred and seventy-three, is hereby amended tttf toTead as follows : \ 39. The police department shall have for its head a board to consist Head of rf fom persons to be known as police commissioners of the city of New pSrtmcnt! Tofk, who shall, except those first appointed, hold their offices for six jens onlees sooner removed as herein provided. The office of the oflice of li)&e eommissioner of the city of New York, whose term of office ^Smmis- tipbes on the first day of May, eighteen hundred and seventy-four, is "^^"ifTu^ kreby abolished on and after said date ; the police department, on and * ^ Act the first day of May, eighteen hundred and seventy-four, shall be ■rfer the charge and control of four commissioners, who shall perform iD the duties and exercise all the powers now by law conferred or im- posed upon the x)olice department of the city of New York. \ 2. Section eighty-four of chapter three hundred and thirty-five of Amend- to laws of eighteen hundred and seventy-three, entitled " An act to ™®'^** notganize the local government of the city of New York," passed April tfcnty, eighteen hundred and seventy-three, is hereby amended so as to wd as follows : JM. 'niis department shall be under the charge of a board, to con- Dcpait- artof four members, who, except those first appointed, shall hold their S^nAer**'*** offieeg for five years, unless sooner removed as herein provided. The charge of olifie of the commissioner of parks whose term of office expires on the ^^ com- fat day of May, eighteen hundred and seventy-four, is hereby abol- misBionor Jsfaed on and after said date. The department of public parks on and depart!*** after the first day of May, eighteen hundred apd seventy-four, shall be ment to mider the charge and control of four commissioners, who shall i)erform chiJSe of »fl the duties and exercise all the powers now by law conferred or foorcom- imposed upon the department of public parks of the city of New York. Sr^ ^^' \ *i The mayor of said dty shall hereafter appoint, without confirma- Mayor to tion of the board of aldermen, a i)erson or persons to fill any vacancy SiJ*^*^' « vacandes which now exist or may hereafter occur from death, resig- nation or cause other than the expiration of the full term in any office to which, by the provisions of the twenty-fifth section of chapter three kndred and thirty-five of the laws of eighteen hundred and seventy- tbiee, he is emxK)wered to appoint by and with the consent of the board of alviermen. \ 4. This act shall take eflect immediately. 858 LAWS OF NEW YORK. [Chap. 30 Chap. 301. AN ACT to extend the time for the c6llection of taxes i the county of Richmond. Passed April 30, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate am Assembly f do enact asfoUows : Sbction 1. The time for the collection of taxes now levied and unooJ lected in the county of Richmond is hereby extended to the first da; of June next, provided that the collectors for said county shall jja^ over the money already collected by them, and renew their bonds vdt! sureties to the satisDa^stion of the supervisors of their respective to^wnc and in such case the warrants shall continue in full foice and eSeo until said first day of June. ^ 2. This act shall take efiect immediately. Chap. 302. AN ACT supplementary to an act entitled "An act to provide an armory in the city of Brooklyn, county ol Kings, for the use of the Thirteenth regiment of the National guard of the State of New York," passed May sixteen, eighteen hundred and seventy-three. Passed April 30, 1874 ; three-fifths being present The People of the State of New York, represe?Ued in Senate asid Assembly, do e?iact asfoUotos: Board of SECTION 1. The board of supervisors of the county of Kings are aoraraiy l^^^l^F authorized to award the necessary contracts for the construction award of a Suitable building on the land heretofore purchased for that pui^ tbr"bond P^^> ^^^ *^ armory for the use of the Thirteenth regiment of the inprarm- National guard of the State of New York, at a cost not to exceed the ^'^' sum of fifteen thousand dollars, in addition to the amount authorized and provided therefor by chapter five hundred and twenty-three ot the laws of eighteen hundred and seventy-three, entitled "An act to provide an armory in the dty of Brooklyn, county of Kings, for the use of the Thirteenth regiment of the National guard of the State of New York." certifl- ^ 2. For the purpose of providing for the payment of the additional indebted- outlay authorized by the preceding section, the board of sui)ervi80PB ot iie«8 may the county of Kings are hereby authorized to issue certificates of be Usaed. indebtedness in addition to those heretofore authorized for the same purpose, but not exceeding the sum of fifteen thousand dollars, payable When with interest, as follows, to wit : One-fifth of said amount in one payable. ^^^ . one-fifth thereof in two years; one-fifth thereof in three years; one-ftfth thereof in four years ; and one-fifth thereof in five yeais Tax. thereafter. And there shall be inserted in the annual tax levy of said county, for each year, a sum sufficient and for the purpose of paying the principal and interest of said certificate as they respectively matare; (kAP.303.1 NINETY-SEVENTH SESSION. 359 wliidi nid sum Bhall be applied to the x)ayment thereof, and of the aloest accniiiig thereon^ until all of them shall be paid. \ 3L AH acts and parts of adfi inconsistent with this act are hereby Repeal. Rpeal^ \ 4 This act shall take effect immediately. Chap. 303. AN ACT in relation to the estimates and apportionment for the support of the government of the county of New York. Passed April 30, 1874 ; three-fifths being present. The People of the State of New Torky represented in Senate and AuefiMyj do enact as foUowe : Section 1. The board of estimate and apportionment constituted by ptfintte wtkm one of chapter seven hundred and seventy-nine of the laws of iJfade mar agbt^en hundred and seventy-three, is herebjr authorized by a con- jMjrevised, earrent vote of all the members thereof, at any tiine before the first day of July, eighteen hundred and seventy-four, to reconsider, revise and ledetennine the estimate heretofore made under the provisions of said Kt for the year eighteen hundred and seventy-four, and the estimates Revised nieconsideied, revised and redetermined and approved by the con- how*to1)* eonent vote of all said members, shall thereby be appropriated as the JgJ**^^* ttumnt of money required to defray all the various expenses necessary fa oondocting the county government, and for supporting inmates of ttrloms, reformatories and charitable institutions chargeable by existing provisious of law ujwn the county of New York, and for defraying all legal charges against the county of New York under special laws, and ■Ibo for paying the interest on the county debt and the principal of such M)t fiilfing due in the year eighteen hundred and seventy-four, and tbe proportion of the State tax for the year eighteen hundred and •srenty-foar payable by said county, and thereux)on to fix and deter- Amount to BBAethe amount of such estimates and various expenses and charges ^^^^®^' ifter deducting the estimated amount of county revenue not otherwise impropriated by law, which amount when so fixed and determined, To be ccr- Aall be certified to the board of supervisors of the county of New York {he^'comp. Wtibe comptroller, and said board of supervisors are hereby empowered trouer. ^ directed to cause the amount so certified to be levied and collected Tax. Jtt fee year eighteen hundred and seventy-four, by tax upon the estates within the county of New York subject to taxation. But the aggregate Limit of «8»aut of the estimate for the year eighteen hundred and seventy-four, JSoSnt.^ tobejnade by the said board of estimate and apportionment, shall not ttteed the amount of the estimate heretofore made by the said board tt^foresiud. In the estimate so to be made no sum shall be included except the same be appropriated for a specified department or purpose, lod no sum shall be appropriated for special contingencies. 1 2. Tl)e said board of estimate and apportionment shall have the Excess pow» at any time to transfer any appropriation for any year which SJJgfer- ^y be found by the head of the department for which such appropria- reg^to fan »haU have been made to be in exoess of the amount required or poses. ^'^ ^^KSD»ii to be necessary for the purposes or objects thereof, to such other Piitpofiee or objects for whidi the appropriations are insufiident, or such S8 may require ^e same ; and if it is found at the time when the esti- 360 LAWS OF NEW YORK. [Chap. 304^ snrpias mate is made of the expenaeB of oonduetiiig the public bnfi&uesB of pifed^tlio^ county of New York for the next succeeding fiscal year, that there wil next year, be a surplus OF balance remaining unexpended of any appro{»iat] ~ then existing at the end of the current fiscal year, such surplus may applied to like purposes in the next succeeding year. | Bondfl, f 3. The payment of the bonds authorized by section three of chapt^ ofJrSfto- ninety-five of the laws of eighteen hundred and seventy-three, iii»tead| staUment of commencing in the year eighteen hundred and seventy-four, aid postpon- ^iiejein provided, shall have the first installment thereof paid in thi year eighteen hundred and seventy-six, and the other iostalbnenti V annually thereafter. n fj 4. This act shall take effect immediately. ! Oliap. 304. AN ACT to consolidate the government of the city and| county of New York, and fiirther to regulate the samei. Passed April 30, 1874 ; three-fifths being present. The People of the /State of New Torhy represented in SefuUe a Assernbli/, do enact as folknoa : The Section 1. The county of New York and the corporation known SadcJtj-of *^® name of " The Mayor, Aldermen and Commonalty of the city v New YoriL Ncw York," shall be one body corporate and x)olitic by the said name dat^! &nd all the rights, property, interests, claims and demands of thfl^ Property, couuty of Ncw York, and of the supervisors or board of supervisors o| ^unty *^® ^^ county of New York, are hereby vested in and shall hencefortlt vested In belong to the said corporation ; but nothing contained in this act shall i^H.tion.'^^ abrogate or impair or in anywise affect any existing right or interest| except to vest it in the said corporation. The local ^ 2. For all purposes the local administration and government of thar fratton to ci^J ^nd oouuty of New York shall be in and bp xwiformed by the ondi f ^ ^^ d b <^^Po^^^on aforesaid. All chai*ges and liabilities now existii^ against' tiie"eorpo^ Said county, or which may hereafter arise or accrue in said city and ration. county of New York, and which, but for this act, would be charges andSii?iu. against or liabilities of said county, shall be henceforth deemed and. against ^^^^ to be charges against or liabilities of said corporation, and shall coanty to be defrayed or answered unto by it. All bonds, stocks, contracts and' charges, obligations of the said county and of the said board of supervisory; Bonda, now existing, shall henceforth be deemed such of and against said cor*- ^' poration, and all such that are or may be authorized or required to be.- hereafter issued or entered into shall be issued or entered into by and in the name of the Hiid corporation. Powers § 3. All the powers and duties that now are or hereafter n^j be ofboard^of ^^^"^ or chiUTged upon the board of supervisors of the said dty snperri- and county shall be exercised and performed by the board of alder* exercised ^^^^ of Said dty as such, subject nevertheless to the like power of o? alder? ^PP'^val or rejection by the mayor of said city, as is or may be required men. ' by law in respect to acto of the common council of said dty, except that when by the Constitution or laws of this State any action is specifically required to be taken by the board of supervisors of said dty and county, which cannot, under any power conferred by this act or other. wise, be taken in any other manner, such action may be taken by thd said board of aldemen as the board of supervisors of the said dty and county. Chap. 306.] -NINETY-SEVENTH SESSION. 861 \ 4. All fands and monevs now held by or payable to any officer as Foods awmty^ treaBorer o{ the eaid dty and coanty shall henceforth be deemed ^^^^ lr» beheld bf him solely as Uie funds and moneys of said corporation, ta-easnrer. except such funds and moneys as shall be held by and payable into Ike treasuiy oi the State of New York. i 5. This act shall take effect immediately. Chap. 305. AX ACT explanatory of an act to consolidate the govern- ment of the city and coanty of New York and further to regulate the same. Passed April 30, 1814 ; three-fifths being present. The PeopU of the State of New Yorky represented in Senate atid Assemi^, do enact (Mfottotos : Sbction 1. Nothing in the act entitled '* An act to consolidate the gov- emment of the city and county of New York and further to regulate the same,** shall be construed to affect the election and appointment of coaaty officers whose election or appointment is provided for by the Constitution of this State, the apportionment of members of Assembly, oraay other purposes for which tne city and county of New York is leovnized in the Ck}nstitution as one of the counties of this State. \ 2. This act shall take effect immediately. Chap. 306. AX ACT to amend the charter of the Central Trust Com- pany of New York. Passed April 30, 1874. I%6 People of the State of New York, represented in Senate and AMsantiy^ do enact asfcUows : Bbction 1. The fourteenth section of chapter eight hundred and thirty- Amend- twoof the laws of eighteen hundred and seventy-three, passed twenty- ™*^'*'- jlfthof June, eighteen hundred and seventy-three, entitled " An act to inoMporate the Central Trust Company of New York," is amended by striking out the words ** on bond and mortgage " where the same occurs therein, and inserting the words, " on bond secured by mortgage," nninedmtely before the words " upon unincumbered real estate worth ionble the sum loaned thereon " in said section, and the time within Tim« to ^nch the said company is required to complete its organization is ^^^^^l^ extended one year from the passage of this act. tion ex- ' \ 1 This act shall take eflfect immediately. **"**^- 24 36a LAWS OF NEW YORK. [Chap. 308. Chap. 307. AN ACT for the relief of the Greenwood Snd Coney Island Railroad Company in Kings county, and to author- ize the extension of its tracks through certain streets and avenues in the city of Brooklyn. Passed May 1, 1874 ; three-fifths being present. The People of the State of New York^ represented in Senate arid Assembly, do enact aa follows : Railroad SECTION 1. The Greenwopd and Coney Island Railroad Company in extended, the county of Rings, duly authorized under and pursuant to the la^rs of the State of New York, are hereby authorized to construct, maintain and operate an extension of their raih'oad in, through and upon the foliow- Konte. ing streets and avenues in the city of Brooklyn, namely : From the junction of Gravesend avenue through Tenth avenue to Nineteenth street, through Nineteenth street to Ninth avenue, through Ninth ave- nue to Fifteenth street, through Fifteenth street to Hamilton avenue, and through Hamilton avenue to the Hamilton avenue ferry. Also from the junction of Hamilton avenue and Hicks street through Hie^ street to Atlantic street, through Atlantic street to the South Feny, stands, together with the necessary connections, stands, switches, sidings, ihTitchea. (jm^ygg^ turn-tables, and turn-outs for the proper and convenient work- m^ and operation of said railroad as herein provided for. Authority \ 2. In uie construction, operation or use of said railroad, upon the route othor'raii. ^^ routes herein designated, should said company deem it necessary or joati proper to run upon, along and over, or intersect or use any portion of ^^ ' any other railroad tracks now laid upon any of the streets or avenues above named, they are hereby authorized to run upon, along and over, and intersect and use the same, and in case they cannot agree with the Oompen- owner or owners thereof resi)ecting the comx>en8ation or payment to be made therefor, then the amount of such compensation or payment shall be ascertained and determined in the manner provided in subdivision six of the twenty-eighth section of the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same,** jiassed April second, eighteen hundred and fifty. Rate of ^ 3. The rate of &re ux>on the routes herein designated shall be the ^®' same as is now charged by the Brooklyn City Railroad Company, and all laws and ordinances of the city of Brooklyn relating to horse rail- roads generally shall be applicable thereto. Rails, ^ 4 The said Greenwood and Coney Island Railroad Company may vrS^ht, 'ise in the construction and operation of their railroad any improved Ac- ' rail of not less than forty pounds to the lineal yard, and may operate Moiive with steam or other motive power that portion of their railroad lying ^'^^^' between Ninth avenue and Nineteenth street and Coney Island beach* § 5. This act shall take effect immediately. Chap. 308. AN ACT in relation to the estimates and apportionment for the support of the government of the city New York. Passed May 1, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and AssenMy, do e?iact asfoUotos : Revision SECTION 1. The board of estimate and apxx)rtionment constituted hy safcion. Ceap.308.] ninety-seventh SESSION. - 863 section one hundred aYid twelve of chapter three hundred and thirty- ofestimate five of the laws of eighteen hundred and »eventy-three, is hereby ^ad^*^ aathorized, at any time before the first day of July, eighteen hundred and serenty-foor^ by the concurrent vote of all the members of said board, to reconsider, revise, and redetermine the estimate for the year eight^n hnndred and seventy-four heretofore made under the provisions of said act, and of section twenty of chapter seven hundred and fifty- seven of the laws of eighteen hundred and seventy-three, and the Revised amoant of the estimate so reconsidered, revised and redetermined and ^^^^'^^^ approved by the concurrent vote of all of the members of said board, *™^"^ flhall thereby become appropriated as the amount of money required to iSg ex-*^ **8» New York and of the various departments, boards and commissions Hhereo!, whether administrative, executive or judicial, and for paying the int^est on the city debt and the principal of such debt falling due in and fbr the year eighteen hundred and seventy-four, and for all liabili- ties of the city of New York, by reason of the annexation thereto of territory lately a part of Westchester county, and for the exx)enseB of conducting the public business of said annexed territory for and during aid year, and tne liabilities incurred by the board of education of said territory during the year eighteen hundred and seventy-three, which are hereby made an obligation of the city of New York ; and the aggre- Amount gate amount of said estimate, after deducting the estimated amount of ^^|^ j, the revenues of the general fund of the city of New York, not otherwise tax. specifically appropriated by law, including surphis revenues of the sink- ing fund for the payment of interest on the city debt, shall be estab- Med and be the amount to be raised for all such purposes, by tax, iwthin the dty and county of New York for the year eighteen hundred and seventy-four, and the amount thus esablished shall be certified to To be cer- the board of supervisors by the comptroller ; and the said board of aje^oomp- saperviflors are hereby empowered and directed to cause the amount so trouor. certified to be raised and collected in the year eighteen hundred and Tax. seventy.four, by tax upon the estates by law subject to taxation within the city and county of New York. But the aggregate amount of the esti- Amonnt mates for the year eighteen hundred and seventy-four, to be made by lin^*®^. the said board of estimate and apportionment, shall not exceed the amoant of the estimate heretofore made by the said board, as aforesaid. In the estimate, so to be made, no sum shall be included except the same be appropriated for a specified department or purpose, and no sum shall he appropriated for special contingencies. ^ 2. The said board of estimate and apportionment shall have the Excess of power at any time to transfer any appropriation for any year which may {SSs'may be found, by the head of the department for which such appropriation be trans- shall have been made, to be in excess of the amount required or deemed ^®"*^- to be necessary for the purposes or objects thereof, to such other purposes or objects for which the appropriations are insufficient, or such as may leqnlre the same ; and if it is found at the time when the estimate is sarpins made of the expenses of conducting the public business of the city of J^^^ied *Kew York for the next succeeding fiscal year, that there will be a sur- the next plus or balance remaining unexpended of any appropriation then exist- ^^^' iug at the end of the current fis^l year, such surplus may be applied to Kke porpoees in the next succeeding year. \ 1 The amount of money required by provision of section eight Amount of chapter seven hundred and two of the laws of eighteen hundred p/J^I and aeventy-two, to be included in the amount to be raised by tax in ment'for the year eighteen hundred and seventy-three, by section four of chapter avenue to 864 LAWS OF NEW YORK. [Chap. 309. be levied in 1870. ReveiiQe bonds. How to be paid. No mon- eys to be raised in the year 1874 ft>r certain porpoees. ninety.five, laws of eighteen hundred and aeventy-three, to be induded in the amount to be raised by tax in the year eighteen hundred and seyenty-four, shall, instead of beinff raised in eighteen hundred aad seventy-four, be raised and included in the amount to be levied by tax in the year eighteen hundred and seventy-five, and in anticipation of the levy and collection thereof, the comptroller is authorized and required to issue revenue bonds for such amounts as may fixnn time to time be required to be paid pursuant to the provisions of section seven of said chapter seven hundred and two of the laws of eighteen hundred and Beventy-two, such revenue bonds to be -paid from the amounts so to be raised by tax in the year eighteen hundred and 8eventy*iive« This act shall not be construed to authorize said board to reduce or transfer any appropriation heretofore or hereafter made for the purposes of carrying out the provisions of the acts mentioned in this section, and except as herein modified. All the provisions of chapter seven hun- dred and two of the laws of eighteen hundred and seventy-two are confirmed and continued in full force and effect ^ 4. No moneys shall be levied and raised in the year eighteen hundred and seventy-four by tax within the county of New York, for the purposes authorized by section seventeen of chapter five hundred and thirty.five of the laws of eighteen hundred and seventy-three, excepting such expenses as may have been actually incurred by the commission in said act named. ^ 5. This act shall take effect immediately. Chap. 309. AN ACT to amend an act entitled " An act to incorporate the United States Trust Company of New York," passed April twelfth, eighteen hundred and fifty-three, and the act amendatory thereof, passed March thirty-first, eigh- teen hundred and sixty-three. Passed May 1, 1814. The People of the State of New York^ represented in Senate and Assembly y do enact dsfoUuws : Section 1. Section three of the amendatory act, passed March thirty- . first, eighteen hundred and sixty-three, entitled '' An act to amend an act entitled ' An act to incorporate the United States Trust C(Hni>any of New York,' " passed April twelfth, eighteen hundred and fifty-three, is hereby amended so as to read as follows : Amonnt ^ 8. The amount which the said company shall have in trust, in depMit' deposit, or loan at any time shall not exceed ten times the amoimt of ^., umit. its capital and surplus, nor shall its outstanding loans at any time exceed said amounts, but the said company may at any time receive in dei)o.^it and loan out any money which may be deposited with it by any of the courts of this State, including tiie surrogates' courta, not- withstanding such limitation. ^ 2. This act shall take effect immediately. Chap. 311.] NINETY-SEVENTH SESSION. 865 Chap. 810. AN ACT to amend the charter of the village of Edgewater. Passed May 1, 1814 ; three-fifths being present. ThR People of t?ie State of New York, represeiited in Senate and AiaenMy, do enad aafoUouos : SBcnojr 1. Section seven of title seven of the act entitled " An act to Repeal, amend, consolidate, and re-enact an act entitled ' An act to incorporate fte Tillage of Edgewater/ passed March twenty-second, eighteen hun. died and sixty-six, and an act amending the same, passed April twenty- aeoottd, eighteen hundred and sixty-seven, and to extend the powers of the corpoiation," passed May fifth, eighteen hundred and seventy, and section eight of title fifteen down to and including the word "cer- lified,*' of the same act, and the whole of title three of said act and sec- tion fonr of chapter six hundred and sixty of the laws of eighteen hun- dred and seventy-three, are hereby repealed. \ 2. The office of police justice in the village of Edgewater is hereby Office or abolished, and from and after the date of the passage of this act, the [i^e'^boi?' ]Q8tioes of the peace in the towns of Middletown and Southfield in the ^shed. eoanty of Richmond shall possess all the jurisdictiou now appertaining Jnriadio- to said office of police justice as well in criminal cases as in all actions ^1^^' and complaints brought to recover any fine or penalty imposed for the gpon jns- Tiolationof any law, ordinance, by-law, rule or regulation of said village, the peace. \ 3. This act shall take effect immediately. Chap. 311. AN ACT to allow the New York and South -Side Railroad Company of Long Island to purchase the South Side railroad of Long Island, and its franchises. Passed May 1, 1814 nic People of the State of New York, represented in Senate and AnenMy, do enact aafcUcytoe : 8BCTI0N 1. The New York and South Side railroad, of Long Island, Anthoritj a company organized under the laws of this State, is hereby authorized %^' to purchase the South Side railroad, of Long Island, and' all its fran- sonth^de duses, at any sale to be made under foreclosure, or under any arrange- 5Kl^ meat with the said South Side Railroad Company, or any grantee of its road and franchises, by which they will be aole to acquire title thereto. \ % The said New York and South Side Railrbad Company, of Long sabtcrip- Island, is hereby authorized to receive subscriptions to its capital stock capiua and receive in payment therefor the stock and any of the liabilities of the stock, said South Side Railroad Comj^any upon such terms as may be approved l>y the directors of the said New York and South Side Railroad Ck>mx)any. } 3. During any default in payment of any x>art of the principal or During mterest of bonds secured by the mortgages of said South Side Railroad pSy^SeniT Company, commonly known as first nioHgage and consolidated sinking of bonds, fund iir^ mortgage, or so long as any part of said principal or interest notuTap- shall be due and remain outstonding as a lien under said mortgages or f^^J^-^^ either of them, the said New York and South Side Railroad Company ings, Ac., shall not apply any portion of its earnings, income or property to pay- Sent^of nwnt of any debts other than for necessary repairs and current expenses, any djjt. and shall apply the residue to x>ayment of the principal or interest due JepSire,"* or to become due upon said mortgage bonds ; but nothing herein shall ^* ( 354: LAWS OF NEW YORK. [Chap. 298, Title of state ro- leased. ProTiso. Chap. 297. AN ACT releasing the interest of the People of the State of New York in certain real estate owned by John Kirk- land, now deceased, in the town of Cicero, Onondaga county, to Adaline Kirkland, his widow. Passed April 29, 1874 ; by a two-third vote. The People of the State of New Torky represented in Senate and Assembly^ do enact aa follows: Section 1. All the estate, right, title and interest of the people of the State of New York acquired by escheat, by reason of the alienage of John Eorkland, now deceased, of, in and to five pieces or parcels of land situate in the town of Cicero, in the county of Ononda^, in all contain- ing sixty-six and thirty-two hundredths acres of land, on military lots numbers sixty-five and sixty-six, in said town, all of the deeds to said John Kirkland for which pieces or parcels of land are duly of record in the office of the clerk of the county of Onondaga, is hereby released to Ada- line Kirkland, his widow, now residing in said town of Cicero, in the county of Onondaga. § 2. Nothing herein contained shall be construed to impair, release or discharge any right, claim or interest of any creditor, purchaser, heir- at-law or devisee in the said real estate. § 3. This act shall take effect immediately. Chap. 298. AN ACT to enable the county clerk of Lewis county to discharge of record a certain mortgage. Passed April 30, 1814 ; three-fifths being present. The People of the State of New Yorky represented in Senate atid Assembly y do encut as fellows : Jniige of SEcrrioN 1. The owner of a certain piece of land in the town of Low- coQrt nfay ^^^^ Lewis county, upon which a mortgage was executed in eighteen order hundred and thirty-seven, by Kent Jarvis, for the sum of twenty-five ISgcSar^ hundred dollars, said mortgage not being discharged of record, may «;J^f re- make application to any judge of the Supreme Court in the fifth judicial district, who upon hearing such case, if satisfied that such mortgage has been paid, may direct the county clerk of said county to dischar^ the same of record upon the filing of a bond with said clerk, the conditions, amount and sufficiency thereof being approved by said judge. Nothing herein contained shall affect any suit now pending. ^ 2. This act shall take efiect immediately. cord. Chap. 299.J NINETY-SEVENTH SESSION. 355 Chap. 299. AN ACT making an appropriation to pay the expenses of the collection of tolls, superintendence, ordinary repairs and maintenance of the canals for the fiscal year com- mencing on the first day of October, one thousand eight hundred and seventy-four, and to supply deficiencies in former appropriations. Passed April 30, 1814 ; three-fifths being present. The People of the 8tate of Neto Toi% represented in Senate and Assembly, do enact as follows : . Sbction L The following soms are hereby appropriated out of the Appropn. revenues of the State canals for the fiscal year commencing on the first *^*^"*- day of October, eighteen hundred and seventy-four : For paying the expenses of the collection of tolls, the superintend- ForcoUec- enoe and ordinary repairs of the canals, the salaries, trayeling expenses lo^Hg^^Ja. and clerk hire of the canal commissioners, the state engineer and pc^riuten- Burveyor, the canal appraisers, and the incidental charges and expenses ari^sfistc.' of their office, the salary of the auditor of the canal department, the clerk hire therein and the incidental charges and expenses thereof, the earn of one million four hundred and twenty-four thousand five nun- died and ten dollars, or so much thereof as may be necessary to be expended during the fiscal year, to be distributed, applied, apx)ortioned and disposed of as follows : For salaries, traveling expenses and clerk hire of the canal commis- Canai aonen, sixteen thousand four hundred dollars ; and for the salary of gjonerot the clerk of the board of canal commissioners, two thousand and ^^^ twenty-five dollars. For the salary and traveling expenses of the State engineer and state engi- sorveyor, two thousand seven hundred dollars. "®®'^- For the salaries and clerk hire of the superintendents of repairs of snperin. the canals, the sum of seventy thousand dollars, or so mudi thereof as onl^pahn. m^ be necessary. For the se^laries and traveling expenses of the canal appraisers, and canaiap for derk hire in their office, the sum of twenty-live thousand and p""**^"- ' twfflity.fi ve dollars, or so much thereof as may be necessary. For the salary of the auditor.of the canal department, two thousand Anditpr. five hundred dollars, and for clerk hire in the said department, the sum of fifteen thousand dollars. For the salaries and compensation of the engineers employed on the Engi. ozdioaiy repairs of the canals. Including the incidental expenses of °®°"* sadi engineers, the sum of twenty-four thousand dollars, or so much thereof as miay be necessary. For the salaries and comx>eiisation of the collectors of canal tolls and Collectors their clerks, and for salaries and comx>ensation of weiffh-masters and **^^^' their assistants, including the incidental expenses of said collectors and weigh-masters, and the compensation of inspectors of boats and their <^ugce8, the sum of one hundred and ten thousand dollars, or so much thearebf as may be necessary. For the payment of such incidental and miscellaneous charges and inciden- expenses as are authorized by existing statutes to be paid out of the **^' canal revenues, and charged to the account of of the Erie and Champlain 856 LAWS OF NEW YORK. [Chap. 299. Ordinary rupaiis. Eastern division. Middle
  • lioe commissioner of the city of New York, whose term of office ^olnmis- expires on the first day of May, eighteen hundred and seventy-four, is ^^3'^S\ ^ hereby abolished on and after said date ; the police department, on and * ^ ' ® • after the first day of May, eighteen hundred and seventy-four, shall be under the charge and control of four commissioners, who shall perform all the duties and exercise all the powers now by law conferred or im- posed ujx^n the police department of the city of New York. ^ 2. Section eighty-four of chapter three hundred and thirty-five of Amend- the laws of eighteen hundred and seventy-three, entitled " An act to ^^^^' reorganize the local government of the city of New York," passed April thirty, eighteen hundred and seventy-three, is hereby amended so as to read as follows : ^ 84. This department shall be under the charge of a board, to con- Depart- BSt of four members, who, except those first appointed, shall hold their J^nder**'** offioes for five years, unless sooner removed as herein provided. The g***J§* ^^ office of the commissioner of parks whose term of office expires on the parkoom- first day of May, eighteen hundred and seventy-four, is hereby abol- "}j"l*V^oj lahed on and after said date. The department of public parks on and ^eparJ after the first day of May, eighteen hundred a^id seventy-four, shall be ment to under the charge and control of four commissioners, who shall perform cSaSe of all the duties and exercise all the powers now by law conferred or fonrcom- imposed upon the department of public parks of the city of New York. Srs**"** ^ 3. The mayor of said city shall hereafter appoint, without confirma- Mayor to tion of the board of aldermen, a person or i)er8ons to fill any vacancy JjiJ**^**^' or vacancies which now exist or may hereafter occur from death, resig- nation or cause other than the expiration of the full term in any office to which, by the provisions of the twenty-fifth section of chapter three hundred and thirty-five of the laws of eighteen hundred an(i seventy- three, he is empowered to appoint by and with the consent of the board of aldermen. ^ 4. This act shall take eflect immediately. n 358 LAWS OF NEW YORK. [Chap. 302. Chap. 301. AN ACT to extend the time for the c6llection of taxes in the county of Richmond. Passed April 30, 1814 ; three-fifths being present The. People of the /State of New York, represented in Senate and Assembly y do enact as follows : Section 1. The time for the collection of taxes now levied and uncol- lected in the county of Richmond is hereby extended to the first day of June next, provided that the collectors for said county shall pay over the money already collected by them, and renew their bonds with sureties to the satisfaction of the supervisors of their respective towns, and in such case the warrants shall continue in full force and effect until uaid first day of June. \ 2. This act shall take effect immediately. Board of siipervi- 8ora may award contmet for bQlld inpf arm- ory. Certlfl- ratcs of indebted- neiis may bo LBsnoa. When payable. Tax. Chap. 302. AN ACT supplementary to an act entitled "An act to provide an armory in the city of Brooklyn, county of Kings, for the use of the Thirteenth regiment of the National guard of the State of New York," passed May sixteen, eighteen hundred and seventy-three. Passed April 30, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do e?iact as follows: Sbction 1. The board of supervisors of the county of Kings are hereby authorized to award the necessary contracts for the consti-uction of a suitable building on the land heretofore purchased for that pur- pose, for an armory for the use of the Thirteenth regiment of the National guard of the 8tate of New York, at a cost not to exceed the sum of fineen thousand dollars, in addition to the amount authorized and provided therefor by chapter five hundred and twenty-three of the laws of eighteen hundred and seventy-three, entitled *'An act to provide an armory in the city of Brooklyn, county of Kings, for the use of the Thirteenth regiment of the National guard of the State of New York." ^ 2. For the purpose of providing for the payment of the additional outlay authorized by the preceding section, the board of supervisors of the county of Bangs are hereby authorized to issue certificates of indebtedness in addition to those heretofore authorized for the same purpose, but not exceeding the sum of fifteen thousand dollars, payable with interest, as follows, to wit : One-fifth of said amount in one year ; one-fifth thereof in two years ; one-fifth thereof in three years ; one-fifth thereof in four years ; and one-fifth thereof in five years thereafter. And there shall be inserted in the annual tax levy of said county, for each year, a sum sufficient and for the purpose of paying the principal and interest of said certificate as they respectively mature ; Chap. 303.] NINETY-SEVENTH SESSION. 359 which said sum shall be applied to the x>&yment thereof, and of the interest accruing thereon, until all of them shall be paid. \ 3. All acts and parts of acts inconsistent with this act are hereby Repeal, repealed. \ 4. This act shall take effect immediately. Chap. 303. AN ACT in relation to the estimates and apportionment for the support of the government of the county of New York. Passed April 30, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do eruu^ ae foUows : Section 1. The board of estimate and apportionment constituted by Estimate section one of chapter seven hundred and seventy-nine of the laws of iJJildrinaT eighteen hundred and seventy-three, is hereby authorized by a con- J^reviaed, current vote of all the members thereof, at any time before the first day of July, eighteen hundred and seventy-four, to reconsider, revise and ledetermine the estimate heretofore made under the provisions of said act for the year eighteen hundred and seventy-four, and the estimates neyised 80 Teoonsidered, revised and redetermined and approved by the con- howtol^e earrent vote of all said members, shall thereby be appropriated as the J^**p"* amount of money required to defray all the various expenses necessary for conducting the county government, and for supporting inmates of asylums, reformatories and charitable institutions chargeable by existing provisions of law upon the county of New York, and for defraying all legal charges against the county of New York under special laws, and abo for paying the interest on the county debt and the principal of such debt fiilling due in the year eighteen hundred and seventy-four, and the proportion of the State tax for the year eighteen hundred and aeventy-four payable by said county, and thereuix>n to fix and deter- Amount to mine the amount of such estimates and various expenses and charges *»®^*«^* after deducting the estimated amount of county revenue not otherwise appropriated by law, which amount when so fixed and determined. To be cer- ahall be certified to the board of supervisors of the county of New York {h© comp. by the comptroller, and said board of supervisors are hereby empowered troUer. and diiected to cause the amount so cemfied to be levied and collected Tax. in the year eighteen hundred and seventy-four, by tax upon the estates within the county of New York subject to taxation. But the aggregate Limit of amount of the estimate for the year eighteen hundred and seventy-four, SSoSnt.** to be jnade by the said board of estimate and apportionment, shall not exceed the amount of the estimate heretofore made by the said board as aforesaid. In the estimate so to be made no sum shall be included except the same be appropriated for a specified department or purpose, and no sum shall be appropriated for special contingencies. i 2. Tbe said boaia of estimate and apportionment shall have the Exeees pow» at any time to transfer any appropriation for any year which Si^a^sflr. Biay be found by the head of the depfurtment for which such appropria. ^^ ^o tkm shall have been made to be in excess of the amount required or posoL^^^ deemed to be necessary for the purposes or objects thereof, to such ot.her purposes or objects for which the appropriations are insufficient, or such fts may require the same ; and if it is found at the time when the esti- 360 LAWS OF NEW YORK. [Chap. 304. sorpina mate is made of the expeusee of oonducting the public boBineBB of the pUed^Sio*" coui^ty of New York for the next succeeding fiscal year, that there will next year, be a surplus or balance remaining unexpended of any appropriation then existing at the end of the current £is<^l year, such surplus may be applied to like piurposes in the next succeeding year. Bonds. ^ 3. The payment of the bonds authorized by section three of chapter offrSfSJ- ninety-five of the laws of eighteen hundred and seventy-three, instead staUment of commencing in the year eighteen hundred and seventy-four, as poBtpon- i^^j^jgi^ provided, shall nave the first installment thereof paid in the year eighteen hundred and seventy-six, and the other installments V annually thereaffcer. § 4. This act shall take effect immediately. Chap. 304r. AN ACT to consolidate the government of the city and county of New York, and further to regulate the same. Passed April 30, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Asseinhly, do enact as foUcnos : The Section 1. The county of New York and the corporation known by aaidc^-of *^^ name of " The Mayor, Aldermen and Commonalty of the city of New York New York," shall be one body corporate and politic by the said name ; dated!' &nd all the rights, property, interests, claims and demands of the Property, oounty of New York, and of the sujwrvisors or board of supervisors of ^unty *^® ®^^ oounty of New York, are hereby vested in and shall henceforth ▼edted in belong to the said corporation ; but nothing contained in this act shall litionf^^" abrogate or impair or in anywise affect any existing right or interetst, except to vest it in the said corporation. The local \ 2. For all purposes the local administration and government of the fratton to ^^1 ^^^ oounty of Ncw York shall be in and bp performed by the one formed bv corporation aforesaid. All charges and liabilities now existing against the°corpo^ Said county, or which may hereafter arise or accrue in said city and Charges ^^^^^ ^^ ^®^ York, and which, but for this act, would be changes aud[iabm- against or liabilities of said county, shall be henceforth deemed and a^inst taken to be charges against or liabilities of said corporation, and shall connty to be defrayed or answered unto by it. All bonds, stocks, contracts and charges, obligations of the said county and of the said board of supervisors, Bonds, now existing, shall henceforth be deemed such of and against said cor. ^^* poration, and all such that are or may be authorized or required to be hereafter issued or entered into shall be issued or entered into by and in the name of the said corporation. Powers \ 8. All the powers and duties that now are or hereafter may be Jfb^^5!j*^ conferred or charged upon the board of supervisors of the said city snpervi. and county shall be exercised and performed by the board of alder. exeroised ^^^"^ of Said city as such, subject nevertheless to the like power of of aidOT? approval or rejection by the mayor of said city, as is or may be required men. '' by law in respect to acts of the common council of said dty, except that when by the Constitution or laws of this State any action is spediicallj required to be taken by the board of supervisors of said dty and county, which cannot, under any power conferred by this act or other. wise, be taken in any other manner, such action may be taken by the said board of aldemen as the board of supervisors of the said city and county. Chap. 306.] -NINETY-SEVENTH SESSION. 861 \ 4. All funds and moneys now held by or pa3^ble to any officer as Fonda eounty treasurer of the said dty and county shall henceforth be deemed ^San?/ to be held hf him solely as the funds and moneys of said corporation, treasurer, except such funds and moneys as shall be held by and payable into the treasury of the State of New York. § 5. This act shall take effect immediately. Chap. 305. AN ACT explanatory of an act to consolidate the govern- ment of the city and county of New York and further to regulate the same. Passed April 30, 1814 ; three-fifths being present The People of the State of New York, represented in Senate aiid Assembly J do eruict asfoUotoa : Section 1. Nothing in the act entitled *• An act to consolidate the gov- ernment of the city and county of New York and further to regulate thd same," shall be construed to affect the election and appointment of coanty officers whose election or appointment is provided for by the Constitution of this State, the apportionment of members of Assembly, or any other purposes for which the city and county of New York is leoognized in the Constitution as one of the counties of this State. \ 2. This act shall take effect immediately. Chap. 806. AN ACT to amend the charter of the Central Trust Com- pany of New York. Passed April 30, 1874. The People of the State of New York, represented in Senate and AnemUyy do enact asfoUowa : Section 1. The fourteenth section of chapter eight hundred and thirty- Amend- two of the laws of eighteen hundred and seventy-three, paeeed twenty- '"*^^'- fifth of June, eighteen hundred and seventy-three, entitled *• An act to inooijwrate the Central Trust Company of New York," is amended by striking out the words " on bond and mortgage '* where the same occurs therein, and inserting the words, "on bond secured by mortgage," immediately before the words " upon unincumbered real estate worth doable the sum loaned thereon *' in said section, and the time within Time to which the said company is required to complete its organization i»l^^i^^, extended one year from the passage of this act. tion ex- \ 1. This act shall take effect immediately. ^''^^^' 24 362 LAWS OF NEW YORK. * [Chap. 308. Chap. 307. AN ACT for the relief of the Greenwood Snd Coney Island Railroad Company in Kings county, and to author- ize the extension of its tracks through certain streets and avenues in the city of Brooklyn. Passed May 1, 1814 ; three-iifths being present. The People of tfie State of New York, represented i7i Senate and Assembly, do enact as follows : Railroad SECTION 1. The Greenwopd and Coney Island Railroad Company in exteuc^d. the county of Kings, duly authorized under and pursuant to the laws of the State of New York, are hereby authorized to construct, maintain and operate an extension of their raikoad in, through and upon the follow- Kottte. ing streets and avenues in the city of Brooklyn, namely : From the junction of Graveseud avenue through Tenth avenue to Nineteenth street, through Nineteenth street to Ninth avenue, through Ninth ave- nue to Fifteenth street, through Fifteenth street to Hamilton avenue, and through Hamilton avenue to the Hamilton avenue ferry. Also from the junction of Hamilton avenue and Hicks street through Hicks street to Atlantic street, through Atlantic street to the South Feny, stands, together with the necessary connections, stands, switches, sidings, ijyiteiies. (jQpyeg^ turn-tables, and turn-outs for the proper and convenient wore- ing and operation of said railroad as herein provided for. Aathoritf ^ 2. In the construction, operation or use of said railroad, upon the route other'raii. ^^ routes herein designated, should said oomjyany deem it necessary or r*^ka proper to run upon, along and over, or intersect or use any portion of ^^ ' any other railroad tracks now laid ui)on any of the streets or avenues above named, they are hereby authonzed to run upon, along and over, and intersect and use the same, and in case they cannot a^fiee with the Oompen. owner or owners thereof resx)ecting the compensation or payment to be ■*^^"' made therefor, then the amount of such compensation or payment shall be ascertained and determined in the manner provided in subdivision six of the twenty-eighth section of the act entitled "An act to authorize the formation of railroad ooruorations, and to regulate the same,'* passed April second, eighteen hunared and lifty. Rate of ^ 3. The rate of &re upon the routes herein designated shall be the *''*• same as is now charged by the Brooklyn City Railroad Company, and all laws and ordinances of the city of Brooklyn relating to norse rail- roads generally shall be applicable thereto. Ralls, ^ 4 The said Greenwood and Coney Island Railroad Company may weight, ^se in the construction and operation of their railroad any improved Ac. pail of not less than forty pounds to the lineal yard, and may operate Motive with steam or other motive power that portion of their railroad lying power. |)etween Ninth avenue and Nineteenth street and Coney Island beach, ^ 5. This act shall take effect inunediately. Chap. 308. AN ACT in relation to the estimates and apportionment for the support of the government of the city New York- Passed May 1, 1874 ; three-fifths being present TTie People of tJne State of New York, represented in Senate and AssenMy, do efta^t asfoOxxws : Revision SECTION 1. The board of estimate and apportionment constituted by Chap. 308.] NINETY-SEVENTH SESSION. - 863 section one hundred atid twelve of chapter three hundred and thirty- ofoBttmate five of the laws of eighteen hundred and seventy-three, is hereby JSd?*''*" authorized, at any time before the first day of Julv, eighteen hundred and seventy.four, by the concurrent vote of all tne members of said board, to reconsider, revise, and redetermine the estimate for the year eighteen hundred and seventy-four heretofore made under the provisions of said act, and of section twenty of chapter seven hundred and fifty- seven of the laws of eighteen hundred and seventy-three, and the Revised amount of the estimate so reconsidered, revised and redetermined and ^^^l^^^ ajvproved by the concurrent vote of all of the members of said board, amount tthall thereby become appropriated as the amount of money required to iSg ex- * ' defray the expenses of conducting the public business of the dty of j^"**^* New York and of the various departments, boards and commissions thereof, whether administrative, executive or judicial, and for paying the interest on the city debt and the principal of such debt falling due in and for the year eighteen hundred and seventy-four, and for all labili- ties of the dty of I^ew York, by reason of the annexation thereto of territory lately a part of Westchester county, and for the expenses of conducting the public business of said annexed territory for and during said year, and the liabilities incurred by the board of education of said territory durin^^ the year eighteen hundred and seventy-three, which are hereby made an obligation of the city of New York ; and the aggre- Amonni gate amount of said estimate, after deducting the estimated amount of ^{^|^ ^ the revenues of the general fund of the city of New York, not otherwise tax. specifically appropriated by law, including surplus revenues of the sink- ing fund for the payment of interest on the dty debt, shall be estab- lished and be the amount to be raised for all such purposes, by tax, within the dty and county of New York for the year eighteen hundred and seventy.four, and the amount thus es ablished shall be certified to To be oer- ihe board of supervisors by the comptroller ; and the said board of Sfe^oomp- sapervisors are hereby empowered and directed to cause the amount so trouer. certified to be raised and collected in the year eighteen hundred and Tax. seventy-four, by tax upon the estates by law subject to taxation within the city and county of New York. But the aggregate amount of the esti- Amonnt mates for the year eighteen hundred and seventy-four, to be made by lin^^ti- the said board of estimate and apportionment, shall not exceed the amount of the estimate heretofore made by the said board, as aforesaid. In the estimate, so to be made, no sum shall be included except the same be appropriated for a specified department or purpose, and no sum shall be appropriated for special contingendes. ^ 2. The said board of estimate and apportionment shall have the Excess of power at any time to transfer any appropriation for any year which may ^Ss^SJit' be found, by the head of the department for which such appropriation be trans- shall have iJeen made, to be in excess of the amount required or deemed ^®"®**- to be necessary for the purposes or objects thereof, to such other purposes or objects for which the appropriations are insuffident, or such as may require the same ; and if it is found at the time when the estimate is snrpins made of the expenses of conducting the public business of the dty of J^p^ieS * New York for the next succeeding fiscal year, that there will be a sur- the next plus or balance remaining unexpended of any appropriation then exist- ^®*^' ing at the end of the current fiscal year, such surplus may be applied to like purposes in the next succeeding year. § 3. The amount of money required by provision of section eight Amoant of chapter seven hundred and two of the laws of eighteen hundred Jj^y™; and seventy-two, to be included in the amount to be raised by tax in mentfor the year eighteen hundred and seventy-three, by section four of chapter fvenne to 864 LAWS OF NEW YORK. [Chap. 309. be levied ninety-five, laws of eighteen hundred and eeyenty-three, to be included In 1875. jjj ^^Q amount to be raised by tax in the year eighteen hundred and seventy-four, shall, instead of beinff raised in eighteen hundred and seyenty.four, be raised and included in the amount to be levied by tax Revenne in the year eighteen hundred and seventy-five, and in anticipation of ^^^' the levy and collection thereof, the comptroller is authorized and requirea to issue revenue bonds for such amounts as may from time to time be required to be paid pursuant to the provisions of section seven of said chapter seven hundred and two of the laws of eighteen hundred How to be and seventy-two, such revenue bonds to be paid from the amounts so to ^^^' be raised by tax in the year eighteen hundred and seventy.live. This act shall not be construed to authorize said board to reduce or transfer any appropriation heretofore or hereafter made for the purposes of carrying out the provisions of the acts mentioned in this section, and except as herein modified. All the provisions of chapter seven hun- dred and two of the laws of eighteen hundred and seventy*two are confirmed and continued in full force and effect Komon- k ^* ^^ moueys shall be levied and raised in the year eighteen raiBedfa ^^^^^^^l *^^ seventy.four by tax within the county of New York, for the jear the purposes authorized by section seventeen of chapter five hundred cMtakf *^d thirty-five of the laws of eighteen hundred and seventy-three, purposes, excepting such expenses as may have been actually incurred by the commission in said act named. § 5. This act shall take effect immediately. Chap. 309. AN ACT to amend an act entitled " An act to incorporate the United States Trust Company of New York," passed April twelfth, eighteen hundred and fifty-three, and the act amendatory thereof, passed March thirty-first, eigh- teen hundred and sixty-three. Passed May 1, 1814. The People of the State of New York, represented in Senate and Assenibly^ do enact asfoUawe : SscnoN 1. Section three of the amendatory act, passed March thirty- . first, eighteen hundred and sixty.three, entitled *^ An act to amend an act entitled ^ An act to incorporate the United States Trust Company of New York,' " passed April twelfth, eighteen hundred and fifty-three, is hereby amended so as to read as follows : AmoTint ^ 3. The amount which the said company shall have in trust, in depMit' deposit, or loan at any time shall not exceed ten times the amoimt of j^., umit. its capital and surplus, nor shall its outstanding loans at any time exceed said amounts, but the said company may at any time receive in depo^^it and loan out any money which may be deposited with it by any of the courts of this State, including &e surrogates' courts, noti. withstanding such limitation. ^ 2. This act shall take effect immediately. Chap. 311.] NINETY-SEVENTH SESSION. 866 Chap. 310- AN ACT to amend the charter of the village of Edgewater. Passed May 1, 1814 ; three-fifths being present. The People of the State of New Yorky represented in Senate and A^ssenMyy do enact asfdtUnos : Sbction 1, Section seven of title seven of the act entitled " An act to RopeaL amend, consolidate, and re-enact an act entitled ' An act to incorporate the village of Edgewater,' passed March twenty-second, eighteen hun- dred and sixty-six, and an act amending the sanie, passed April twenty- second, eighteen hundred and sixty-seven, and to extend the powers of the corporation," passed May fifth, eighteen hundred and seventy, and section eight of title fifteen down to and including the word ''cer. tified," of the same act, and the whole of title three of said act and sec- tion four of diapter six hundred and sixty of the laws of eighteen hun- died and seventy-three, are hereby repealed. \ 2. The office of police justice in the village of Edgewater is hereby Office of abolished, and from and after the date of the passage of this act, the Sce^boi-"' justices of the peace in the towns of Middletowu and Southfield in the ist^e^* oonnty of Richmond shall possess all the jurisdictiou now appertaining Jnrjscuo- to said office of police justice as well in criminal cases as in all actions f^n^^' and complaints brought to recover any fine or penalty imposed for the nponjns- violation of any law, ordinance, by-law^rule or regulation of said village, the peace. § 3. This act shall take effect immediately. Chap. 311. AN ACT to allow the New York and South ^ide Railroad Company of Long Island to purchase the South Side railroad of Long Island, and its franchises. Passed May 1, 1814. The People of the Stale of New York, represented in Senate and A^aenMy, do enat^ as f Mows : Sbction 1. The New York and South Side railroad, of Long Island, Anthoritj a company organized under the laws of this State, is hereby authorized Jhase'* to purchase the South Side railroad, of Long Island, and' all its fran- sonthside chises, at any sale to be made under foreclosure, or under any arrange- Sc.^ ment with the said South Side Railroad Company, or any grantee of its road and franchises, by which they will be aole to acquire title thereto. \ 2. The said New York and South Side Railrbad Company, of Long Snbacrip- Island, is hereby authorized to receive subscriptions to its capital stock capiua and receive in payment therefor the stock and any of the liabilities of the stock. said South Side Railroad Comj^any upon such terms as may be approved by the directors of the said New York and South Side Railroad Comx)any. ^ 3. During any default in payment of any x>art of the principal or Daring interest of bonds secured by the mortgages of said South Side Raih-oad paJSen? Ck>mpany, commonly known as first mortgage and consolidated sinking of bondB, fond first mortgage, or so long as any x)art of said principal or interest nofuTap- shall be due and remain outstanding as a lien under said mortgages or "^^^^^^ either of them, the said New York and South Side Railroad Company in«B» Ac., shall not apply any portion of its earnings, income or property to x)ay- roent^oV ment of any debts other than for necessary repairs and current expenses, ^y ayment of the principal or interest due ^paln,^ or to become due upon said mortgage bonds ; but nothing herein shall ^* 866 LAWS OF NEW YORK [Chap. 313, forbid the execution by said New York and South Side Railroad Com- pany of bonds secured by mortgage, subject to the mortgages aforesaid ; the proceeds to be applied to the uses of said company, either in settle- ment of debts, construction of lines, or purchase of connecting lines. Books to The books of said New York and South Side Railroad Company are to be open to be Open to inspection of the trustees for the time being of said two tumf ° mortgages of the South Side Railroad Company, or either of them. ^ 4. This act shall take effect immediately. Chap. 312. , AN ACT in relation to taxes and assessments in the city of New York and the collection and vacation thereof. Passed May 2, 1874 ; three-fifths being present The People of the State of New York, represented in Senate and Assembly , do enact a^sfoUotos : Section 1. The first section of the act, passed April seventeenth, eighteen hundred and fifty-eight, entitled "An act in relation to frauds in assessments for local improvements in the city of New York," is hereby amended by striking from said section the words "or legal irregularity," so that said first section shall conform to the said title, and as amended shall read as follows : Prand or ^ L If, ^^ the proceedings relative to any assessment or assessments SaJ**rror ^^' ^^^^^ improvements in the city of New York, or in the proceedings inJ^' to collect the same, any fraud or substantial error shall be alleged to remeiy ^^® ^^'^ committed, the party aggrieved thereby may apply to a ft>r. judge of the Supreme Court., in special term or in vacation, who shall thereupon, upon«due notice to the counsel of the corporation of the dty in which the lands so assessed are situated, proceed forthwith to hear the proofs and allegations of the parties. ^ 2. The second section of the act, passed April seventeenth, eighteen hundred and fifty-eight, entitled "An act in relation to frauds in assess- ments for local improvements in the dty of New York," is hereby amended by striking from said section the words "or irregularity," so that said second section, as amended, shall read as follows : Aaaeaa- k ^' ^f Upon such hearing it shall appear that the alleged fraud or menttobo substantial error has been committ.ed, the said assessment shall be fOT^aad vacated, and the lien created thereby, or by any subsequent proceed, or error. ingQ^ shall cease, and hereafter no suit or action in the nature of a bill Action to i^ equity or otherwise shall be commenced for the vacration of any Tacate u- assessment in said city, or to remove a cloud upon title ; but owners of orremove property shall hereaft€^ be confined to their remedies in such cases to Bhaif'nofc ^^® proceedings under the act hereby amended, be com- \ 3. This act shall take effect immediately. menced. Chap. 313. AN ACT to amend an act entitled " An act in relation to certain local improvements in the city of New York,** passed May seventh, eighteen hundred and seventy-two. Passed May 2, 1814 ; three-fifths being present The People of the State of Neto York, represented in Senate and Assembly^ do etiaet asfoUotos : Section 1. Section seven of an act entitled '* An act in relation to cer. Chap. 314.] NINETY-SEVENTH SESSION. 867 tain local improvements in the city of New York," passed May seventh, one thousand eight hundred and seventy-two, is hereby amended so as to read as follows : ^ 7. No assessment heretofore made or imposed, or which shall here- Assess- after be made or imposed for any local improvement or other public JJ^JJfj^^ work in the said city, already completed or now being made or per. prove- formed, or which shall hereafter be made, done or performed, shall here- JS^be set' after be vacated or set aside for or by reason of any omission to adver- |«*de for tise, or irregularity in advertising any ordinance, resolution, notice ori^?te*h- other proceeding relative to or authorizing the improvement or work "^ca^^^y- for wluch such assessment shall have been made or imposed, or for xnro- posals to do the work, or for or by reason of the omission of any officer to perform any duty imposed upon him, or for or by reason of any defect in the authority of any department or officer upon whose action the assessment shall be in any manner or to any extent dependent, or for or by leason of any omission to comply vdth or carry out any detail of any law or ordinance ; or for or by reason of any irregularity or technicality, except only in cases in which fraud shall be shown, and iif case of assess- Fraud, ment for repaving any street or public place, upon property for which an assessment has once been paid for paving the same street or public place, and all property in said dty benefited by any improvement or Property other public work already completed or now being made or performed, uSbfe uJ* and hereafter made, done or performed, except as aforesaid, shall be aaaeas- liable to assessment for such improvement or work, and all assessments ™®" ' for any such improvement or other public work shall be valid and bind- ing notwithstanding any such omission, irregularity, defect in authority or technicality. But nothin^f in this section contained shall effect^ any Existing suit or proceeding^ to set aside assessments commenced before the first ISreci^S! day of January, eighteen hundred and seventy-two, \ 2. This act shall take effect immediately. Chap. 314. AN ACT to establish a board of police and fire commis- sioners of the city of Utica. Passed May 2, 1814 ; three-fifths being present The People of the State of Neto York^ represented in /Senate and AaaerMy, do enact asfoUotca : Section 1. There shall be appointed, in the manner hereinafter pro- Police fire Tided, four commissioners, to be known as the " Police and Fire Com- sionS-eto miflsioners of the city of Utica," who shall hold their office as specified be op- in section two of this act. ^'"^^'^• \ 2. The said commissioners shall be divided into four classes, con- To be sisting of one commissioner each, to hold their offices respectively, for <*^****'®^- one, two, three and four years, the commissioners determining among Terme of themselves by lot, who shall hold office for the term of one year, who °®*^*^' for the term of two years, who for the term of three years, who for the term of four years, and the term of office of all the commissioners thereafter appointed shall be four years, and during the time of such service, shall be ineligible to, and shall hold no other city or ward office. The term of such commissioners after the first appointment Terms oi and classification thereof, shall commence on the first day of May, and ?^icu to; * So in original. 368 LAWS OP NEW YORK. [Chap. 314. com. the term of each classification of the same shall expire on sach day of monce. ^j^^ y^^ f^p which they are so classified, but such commissioneis may continue in office until their successors are duly apxx)inted, and have taken and filed the oath of office. When ^3. On or before the first Tuesday of June, eighteen hundred and sionera to seventy-four, the four commissioners appointed, as provided by tins moot nnd act, shall meet at the office of the dty clerk in said city, and, afteer organize, j^aying determined by lot to which of the several classes eSaeh of them shall belong, shall organize into a board, to be known and designated as the ** Board of Police and Fire Commissioners of the dty of Utica," Powers and who shall exerdse the powers and fulfill the duties coimected o?uio"^*°" with and incident to the control, government and disdpline of the board. police and fire departments of said city, as hereinafter more especially CommiB- provided for. The commissioners appointed by virtue of this act, shall receive no ^^^ directly or indirectly be paid or receive any compensation for their pay. services as such. They shall select from their number one, who shall Chair- be chairman of the board ; they shall employ a clerk, whose duty it *"*"• shall be to rec6rd its proceeding in a book for that purpose, who shall Clerk, his hold office at the pleasure of the board. The clerk shall make out and dntiea. present such acooimts as the board are authorized by this act to charge against the countv of Oneida, or any of the towns therein, or the city of Utica as one of said towns, and "do such cleiical work as, by this Hissaiary. act, is devolved on the board. He shall receive therefor two hundred Vacancy, dollars annually. Any vacancy in the number of said commit^sioneifi howfiued. gjjg^ii \yQ filled by the mayor of said city, within one week after he shall have received notice thereof from the board, and the i)er8on apX)ointed to fill the vacancy shall hold office until the expimtion of the term of office of the commissioner whose plac^ he was appointed Commie- to fill. The said commissioners may be removed by the mayor of said inay*bere-^*y> upon proof , for official or other misconduct, but not otherwise. moved by Such commissioners shall be furnished with a copy of the charges pre- t^emay- f^^^j^^^ ^^(j an opi)ortunity given for a defense thereof. Rooms ibr ^ 4. The common council of the city of Utica shall provide suitable Soaen?" ^^oms, in the city hall or other public buildings of the city, for the meetings of the commissioners ; such meetings shall be held at such times and places as shall be appointed by the chairman of the b(Mu*d, or a Qaomm. majority of the members thereof, and the attendance of three commis* Notice of sioners shall be necessary to constitute a quorum ; no meeting of the K^appoint ^^^ 8^^^ ^ ^®^^ *^' *^® appointment or discharge of a policeman or or d&- fireman without serving a written or printed notice thereof upon each of poHce? *t® commissioners, or leaving it at his place of residence, at least three men. hours before the time of meeting ; and no appointment or dischaige of any policeman or fireman shall be made except by the afiirmative vote of a majority of all the commissioners. Board of 6 5. The Doard thus constituted may appoint not exceeding twenty 8k>n"?'to policemen, who shall constitute the police of the dty of Utica, and who appoint shall enter on the discharge of their duties the first day of June, eigh. ?hi^°'® teen hundred and seventy-four. The board may also appoint extra twenty policemen when deemed necessary, not exceeding five in number, who men.^ shall serve for such time as the board shall deem necessary, not exceed- ing ten days, unless otherwise authorized by the common coundl. Any Removal, policeman who, during his service as such, shall become intoxicated, shall be dismissed from further duty, and shall be ineliijfible to Special reappointment They shall also have power to appoint spedaT police* men.* ™6^ who shall possess the same powers and be subject to the same liabilities as regular policemen, for the benefit of any person, sodety or' Ciup.314.] NINETY-SEVENTH SESSION. 869 e(Hrpoiation for lawful parposes, at the expense of the i)eT8on, society or oorpoiation desiring sudi appointment, but without any expense or fiahility whatever on the part of the city. § 6. The policemen shall receive for their services such compensation as compon- shall be fixed by the board, not exceeding, in any case, except as herein p*"2e.**^ provided, sixty dollars x)er month. The board shall select, from the men. polioemen appointed by them, one who shall be chief of police, whose Chief of doty it shall te, under the direction of the board, to superintend the SSties'. ^^ pohoe department in said city, of which he shall be chief executive offioar. He shall keep a record in a book of all cases and legal pro- ceedings in his department, and of all services performed by him and the several policemen, and of such fees as are allowed to constables in towns for like services. He shall, at least once in every month, report To make to the board the state of his department, and x)articularly of such fees, JJ^S!^ and whether any members of his force are delinquent in their duties. The compensation of the chief of police shall not exceed one hundred hu com. dollars per month. The board shall also appoint an assistant chief, to p^°^^o°- be selerled firom the policemen of said city, who shall, under the direc Aasistant tion of the chief of x)olioe, perform any services, and* exercise any con- poweV?^ tiol whicii the chief of police could in the management and operations of and dn. the dei)artment. In the absence or during the inability of the chief of ^ ^' police, the assistant chief shall possess his powers and perform his duties. The compensation of the assistant chief of police shall not His com- exceed eighty dollars per month. The board shall also appoint two or p«'^*"**<>"- more roundnaen, to be selected from the policemen of said city, who Ronmis. shall be under the direction of the chief of police or his assistant, and ^^^int.^^ who shall, in addition to the duties of policemen, discharge such other «». duties connected with the department as the board shall prescribe. ^1. The chief of police, the assistant chief of police, the roundsmen Official and each policeman and special policeman, shall, before entering upon iJSndf^** the discharge of their duties, each take and subscribe, and file in the office of the city clerk, the constitutional oath of olhce, and execute a bond, to be approved by said commissioners, conditioned for the faith- ful performance of their duties, and the accounting for all moneys Term or woeiyed by them in their official capacity, and they shall hold their ^®°®- office daring good behavior. Any of them may be removed by the Mny be re- board on proof of charges preferred before them in writing, of illegal, "^^^e^- ooirapt or otherwise improper conduct on which the accused has had an opportaoity to be heard in his defense ; and x>ending such charges the snspen- board may suspend the policeman accused from pay and duty. The ****?• board may also, for disobedience of their orders, or other oifense not involving corrupt or criminal conduct, sugfpend, temporarily, from duty, pay, or both, any policeman. 1 8. The policemen authorized by this act shall haj^e the same power Police- and authority in criminal cases as constables possess by law, ana shall have\he have the same power and authority which a constable X)0ssesses in civil powenof eases and proceedings, so &r as serving and executing all process or h\^ papers in behalf of the corporation of the city of Utica is concerned, but not otherwise. They shall be subjected to the same liabilities and per- form the 8am3 duties as constables except as herein otherwise provided. They riiall execute the orders and commitments of the recorder and of the justices of the peace of said city, and of all courts held by him or them ; and shall convey all parsons sentenced by him or them to jail, to the penitentiary, or house of refuge, and they shall serve and execute all dvil process or proceedings issued or directed by any officer or court in favor of said city, or in which said city shall be a party. 8TO LAWS OF NEW YORK. [Ch^p. 314. Police- ^ 9. No fees or Gompenjaation other than is herein provided shall be ceive^no* charged or received by any policeman or special policeman for the fees, fto.. arrest, confinement or discbarge of any person, or for mileage, or for herePn" Serving any process or warrant, or for discharging any other duty provided, required by this act to be performed by him. But any reasonable and Expenses necessary expenses incurred by any policeman when traveling in the to be paid, (jigcjiapge of his duties as policeman, shall be paid by the treasurer of To be the dty of Utica, on the warrant of the board, and the said board are to county hereby authorized to charge the county of Oneida or to the said city of or city. * Utica as one of the towns thereof, as the case may be, the moneys thos To be aad- paid, and the same shall be audited and allowed by the board of super- ited. visors of said county, or by the board of town auditors of the dty of Utica, to and for the benefit of the said city of Utica, and shall be paid PoUce- to the treasurer of said city. No x)oliceman or spedal policeman shall celve^no^' ^ceive any present or reward for services rendered or to be rendered, l^esont, unless with the approbation of the board, such approbation to be given oat a^pro- iu writing and filed with the clerk ; and any one of their number who vai 01' gii^]] receive any fee or reward in violation of this section shall forfeit board. i • /T. "^ his onice. Board ^ 10. The board is hereby authorized to charge to the county of Oneida, chwge ^^ ^ *^® city of Utica as one of the towns thereof, or to any town ^Qiitjr, therein, for services performed by the policemen in criminal proceedings, services of such fees as are allowed to constables of towns for like services, and S?"rimi^n. c^^^^g^able to said county, dty or towns, and the same shall be audited ai cMcs." and allowed by the boiajd of supervisors of said county, or by the boards of town auditors of such towns, to and for the benefit of the dty Fees to be of Utica, and shall be paid to the treasurer of said city. In cases arising In jn£?g.'* under the ordinances or police laws, or regulations of said dty of Utica, meat, where judgment shall be rendered in favor of said dty, or where said ^ ^^' dty would be entitled to judgment, the same fees for the services of such policemen as constables would be entitled to for like services shall be included in such judgment and charged for the benefit of said dty ; and when paid or collected shall be paid to the treasurer thereof wltldn five days after its receipt. Consta- ^11. The constables elected in said dty, or in the diiferent tow|is of oorapoua. Oneida county, shall not, as such, be compelled to serve, within the dty bie to of Utica, any summons, warrant, subpoena, commitment, order, notice, cossfss'a-*'' paper or process whatever, of any name or nature, issued or directed coi^r^" ^y *^® recorder or aiiy justice of the peace of said dty, in execution of ^. ' the laws of the State for the prevention of crime and the punishment of criminal oifenders, or of the police laws or regulations of the State, or in any proceedings collateral to or connected with the execution of such general laws or police laws or regulations or ordinances. Nor Neither Shall the county of Oneida, or any of the towns therein, or the dty of iiorci?y *^ Utica, be. chargeable with or in any way liable to pay any such con- charge, stable any fees or disbursements whatever for services rendered or dis- oertoin^ bursemeuts paid or incurred under or by virtue of such summons, war* ft^es. rant, subpoena, commitment, order, notice paper or process whatever. Fines and § 12. All fines collected under and by virtue of the ordinances of the to be* pSd ^^y of Utica, and all moneys collected as penalties or for services by to city the policemen authorized by this act under any such ordinances, and in treasurer, p^pg^anoe of any statutes, shall be "paid to the treasurer of said dty Treasurer within five days after their receipt. And it shall be the duty of the st^ment treasurer of the dty of Utica, in his annual report to the common conn- ofmonys cil of Said dty, to five a full and accurate statement of all moneys J^e ved, pQQgiy^^ |^u(j expended by him under and by virtue of this act. Chap. 314.] NINETY-SEVENTH SESSION. 871 (13. The contingent expenses of 'the police department, for office ConUn. famitiire, fuel, lights, stationery, printing, advertising, books, police- {E^SJ^^" Diea's badges and batons, also the compensation of the clerk of the a»'i com- boarda, of the chief of police, of the ascdstant chief of police and of the Sr police^ policemen and special policemen, severally, shall be paid by the treas- ™®i55j**2!d arerof the city of Utica, on the warrant of the board. All warrants ^ ®p**^- for the purpose must be authorized by a vote of the board, and signed Warrants, bf the chairman and clerk thereof. \ 14 The common council of said city of Utica shall provide and station- keep in order such station-houses, lock-ups, and other necessary accom- fockt^, modations, as shall be required for the use of the police dex)artment, ^o- ind all necessary houses and stables for the use of the fire department. \ 15. The policemen and firemen who may be in service in said city Present of Utica at the time of the passage of this act shall continue in office ^ij^fl^.^" until the first day of June, one thousand eight hundred and seventy- men to four, but for no longer period unless by a vote of the majority of the to oinS? board. '\ 16. The board shall organize fire companies, and appoint a sufficient Board to number of able-bodied and reputable inhabitants of the city of Utica SH^m^. fiiemen, to belong to such companies, and shall pay them a reasonable P&nies, oonpeDBation for their services as such firemen. They shall appoint ^' one of the said firemen chief engineer of the fire dei)artment, who shall, chief under the directions of the boa^, have full control of the department, ®°«f*n«®''. and the board shall also appoint two of said firemen who shall act as Asaist- laastaats to the chief engineer in the management and control of the ^"^^' fire companies and fire apparatus during the extinguishment of fires. The number of firemen to 1^ appointed and so paid shall not exceed, Namberof in the aggregate, twelve to each steam tire engine, and twelve to each ^®™®"- book and ladder company. The said board snail pay the chief engi- Addition- neer, his two assistants, the steamer engineers, stokers, drivers and fore- Jiuon to"* men of fire companies, such additional compensation as shall be just chief eu^^i- «nd reasonable. The board shall have power to remove, in their dis- ^^^^* '' eretioQ, any of its appointees provided in this section. \ 11. The expenses of the fire department for apparatus and equip- Expenses, ments, together with the cost of maintaining the same, and the salaries J^o'^^ifow of the several officers and members of the said fire department, shall paici. be paid by the treasurer of the dty of Utica, on the warrant of the bo^ signed by its chairman and clerk, and authorized by a vote of a majority of its members. \ 18. The board shall, before the first day of July in each year, make Estimated pQt an estimated statement of the amount necessary to defray the onn-"**"' increSised cost of the fire department for the current year over that cSstto^be for the year eighteen hundred and seventy-three, and present the same made, to the common council, who shall include the amount thereof in the dty tax assessment roll in addition to the sum of forty thousand dollars Tax« authorized by section forty-seven of the charter of said city, to be raised as the '' dty fund ;'* but the amount so included shall not exceed ten limit of fcoaaand dollars annually. **^"'*' ^ 19. The said board shall on the first Tuesday of April annually Board to prepare an estimate of l^e cost of maintaining the police and fire depart- ^q'^i^sS* meats under their direction and control, which estimate shall be fum. mate of Bhed to the common coundl of said city, and a copy thereof delivered fiSe ancP" to the dty treasurer, and the said treasurer shall place the amount of ^j^^ sodi estimate to the debit of the '^ dty fund " of said dty, and credit ments. tte same on his books to the ^' Police and Fire Department Fund," Appiica- which fund shall be applied only to. the payment of drafts or orders t^nd?^ 873 LAWS OF NEW YORK. [Chap. 3 £xGem may be transfer- red. Estimate ibrthe year. Bales and regula- tions. Proviso. Mayor to appoint commis- sioners, when and how. Annnal appoint- ment Property to be andercon* trol of commis- sioners. BepeaL issued by said board of GominiaBion6r& In case the said board sbal] any time, determine that the amount annually ao plaoed to the credji; the Police and Fire Department Fund is more than will be neoessarj defray the expenses of said departments for such cuirent year, the m city treasurer may by direction of said board of commissioners, tzs; fer the excess thereof from the police and fire department fund to i credit of the city fimd of said city. ^ 20. The said board shall on the first day of July next make the ei mate required by section nineteen of this act, for the year ending on i first Tuesday of April eighteen hundred and seventy-five. ^ 21. The board shall make such rules and regulations as to it m seem best for the good government of themselves and the i)olioeand 1 departments, provided such rules and regulations shall not conflict m^ the laws of the State or of the United States. ^ 22. The ma3ror of said dty shall, within five days after he | received official notice of the x^assage of this act, appoint the oomxii sioners referred to in section one of the same, by the appointment^! two commissioners from eaoh of the two principal political parties of I State. The mayor of said city shall, annually, on the first Monday April thereafter, appoint one commissioner in place of the commisriog whose term of office will expire, as hereinbefore provided for, and am appointment shall be from the political party, to whidi the said oqs missioner whose office has expired belonged. ^ 28. Upon the organization of the board, as authorised by sectii three of this act, all the property and effects owned by the city of Uil in the use and occupation, or which may be obtained for such utse, either the police or fire departments thereof, shall be under iJie dir( tion, control and management of said commissioners^ ^ 24. All sections or x)arts of an act entitled '^ An act to revise t] charter of the city of Utica,*' passed Februaiv twenty-eighth, eightei hundred and sixty-two, and as amended February twenty.fifth, ei^ teen hundred and seventy, and all subsequent amendments to said a^ and all city ordinances and other provisions of law in conflict with ih act, in so far as they may conflict, are hereby repealed. § 25. This act shall take effect immediately. Chap. 315. AN ACT to enable the mayor and common council c Long Island City to borrow money. Passed May 2, 1814 ; three-fifths being present. The People of the State of New York, represented in /Se7iate an^ Ass&tnblyj do enact as follows : Loan an- Sbction 1. It shall be lawful for the mayor and common council c tDorised. j^ng jgiand City to raise by loan a further sum of eighteen thousaal dollars, by the creation of a further fund or stock, r^eemable as fd stock, lows, namely : Six thousand dollars to be paid in eighteen hundrei when pay- ^^^ ninety-five, and i^x thousand dollars to be paid in each yea thereafter, until the whole amount thereof shall be paid, which sua How to be not exceeding eighteen thousand dollars, autfaorissed to be raised )q expended. ^^ ^ g}^|| |^ expended in and applied to the payment of ib expenses of completing the survey and plan of Long Island City, aa^ the necessary maps, profiles, records and monuments of such survc] Chap. 316.] NINETYSEVENTH SESSION. 373 lad plan, and for making ward mapB of said city for asBesBment pur. poaes, and for no other purpose, ana shall be in addition to the several mms authorized to be raised for the purpose of making such survey, pbo, maps, profiles, records and monuments, by chapter four hundred tod sixty of the laws of eighteen hundred and seventy-one, entitled ^An act to enable the mayor and common council of Long Island City to bc^row money," passed April thirteenth, eighteen hundred and serenty-one, and by chapter eight hundred and iifty-nine of the laws of eighteen hundred and seventy-two, entitled ^*Aji act to amend an let entitled 'An act to provide for laying out streets, avenues, roads and parks in Long Island City,' '* passed April twenty-sixth, eighteen ImndTed and seventy-one, passed May twenty «fifth, eighteen hundred and seventy.two, and by chapter four hundred and iifty-eight of the hwa of eighteen hundred and seventy-three, entitled ^'^yiact to enable the mayor and common council of Long Island City to B|p)w money," paffled May ninth, eighteen hundred and seventy-three. \ 2. It shall be lawful for the mayor and common council of Long Ma^or bland City to determuie the nominal amount of value of each share or m' public auction or private sale. bond. ^3. The bonds issued under and pursuant to the provisions of this Rate or m. Ki shall in no case bear an inteAt greater than seven per cent iter ^^®^^' aanam; nor shall they be issued sRner than required by the exigen- when to oes of the object for which they are created, and the number of years ^® *»»«ie^- whidi each bond shall have to run, and the object for which it shall be iflBued shall be expressed upon the face thereof. (4. In order to redeem the loan authorized by this act, with the Annnai inteiest thereon, all of which interest shall be paid semi-annually, the ^^emp- fiutjOT and common council of said city are hereby authorized and J^o" « &»cted to order, and cause to be raised by general tax on all the ***"' taxable property within said city, and to be collected in addition to the ordinary taxes, yearly and every year until such loan shall be fully i^eemed, with the interest thereon, such sums as shall be required by the provisions of this act. \ 5. This act shall take effect immediately. Chap. 316. AN ACT to amend an act entitled "An act to incorporate the city of Cohoes," passed May nineteenth, eighteen hundred and sixty-nine. Passed May 2, 1814 ; three-fifths being present. The People of the State of New York^ represented in Senate and ^^sembly^ do eTiact asfoUows : , Sbctioh 1. Section eleven of title ten of the act entitled "An act to ^^^orporate the city of Cohoes," passed May nineteenth, eighteen hun- ^ aiui sixty-nine, is hereby amended so as to lead as follows : \ 11. Said board of education riiall, at their first annual meeting after soaH or ^h aauoal election, or as soon thereafter as practicable, appoint a clerk ^ Appofnt ofaiid board of education, who shall also be librarian, and as such & cleric, ^k and librarian shall perform all the duties which are or may be HUdntieB. LAWS OF NEW YORK. [Chap. 317. required hy the general school laws and board of education. Ab clerk of the boaid of education, he shall keep a record of the proceedings of the board and perform such other duties as the board may prescribe. Evidence. The said record, or a transcript thereof certified by the president and clerk, shall be received in all courts of justice as evidence of the facts therein set forth ; and such records and all books of account, vouchers and pax)er8 of said board, shall be at all times subject to the inspection of the common council of the dty of Cohoes, or any committee thereof. Clerk may Said clerk and librarian may be removed from office by said board of be remov- education at any time at their pleasure, by a vote of a majority of all the school commissioners elected. The clerk and librarian shall receive SfOaiy. for all his services such annual salary as the board of education may determine, not exceeding three hundred dollara Annnai ^ 2. In add||fta to the amount required by section sixteen of title ten teachers' ^^ ^^ ^^' t^^ set apart for the use of the common schools in said dty, wages and the commou council of said dty shall have the x)Ower, and it shall be their gent ex- duty, to raise annually by tax, to be levied equally upon all the real i>en8e8. and personal estate in said dty which shall be liable to taxation for the ordinary dty taxes or for county charges, such sum as shall be required by said board of education, not exceeding one-quarter of one per cent, on the assessed valuation of the taxable property in said dty, said simi so raised as aforesaid, shall be used by the board of education for the pavment of teachers' wages and the contingent exx)enBes of the schools. ^ S, Subdivision six of section tlAeen of said act is hereby amended so as to read as follows : ^ Board of 6. To contract with and pay all teachers in said schools and at their ftepowera! pleasure remove them, and to employ a superintendent of said schools. Repeal. § 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. ^ 5. This act shall take effect immediately. Chap. 317. AN ACT to amend an act entitled " An act to amend the charter of the village of Dunkirk," passed April twen- tieth, eighteen hundred and sixty-seven. / Passed May 2, 1874 ; three-fifths bjping present The People of the State of New York, represented in Senate afid Assembly, do efiact as follows : Section 1. Section six of title twenty-seven of chapter four hundred and seventy-nine of the laws of the State of New York, entitled ** An act to amend the charter of the village of Dunkirk," passed April twen- tieih, eighteen hundred and sixty-seven, is hereby amended so as to read as follows : Trnsteea ^ 6. In case the said office of police justice shall become vacant by i^cAncV death, resignation or otherwise, the board of trustees of the village of *» jj^ceof Dunkirk may, By a writing under the corporate seal of said village, and I 8cef ^ signed by the president, or presiding officer, and village clerk, appoint some elector, resident of said village, police justice to fill snch vacancy, which said appointment shall be executed in duplicate, and one copy thereof shall be iiled with the clerk of said village, and the other shall be filed in the office of the clerk of the county of Chautauqua ; and the person so appointed shall, npon complying with the requirements of Chap. 319.] NINETY-SEVENTH SESSION. 375 aeetion two of this title, be vested with all the rights, powers and duties of polioe justice of the village of Dunkirk, and sha\\ be subject to all the pioviaious of said title twenty-seven so for as the same are applicable Term of to him, and he shall hold his office until the next annual election, and ^^^^- Qiitil another is elected and shall have qualified in his place ; provided. Proviso, however, in case the said town and village shall have already elected a police justice who, by virtue of such election, would be entitled to enter opon the duties of his office the first day of January succeeding the appointment above provided for, that then and in that case the said police justice so appointed shall hold his office until the first day of January succeeding his appointment, and until his successor shall have qualifi^ in his pla(*e. \ 2. This act shall take effect immediately. Chap. 318. AN ACT to repeal chapter one hundred and eighty-two of laws of eighteen hundred and seventy-two, entitled " An act to authorize the city of Rochester to issue its bonds in aid of the Lake Ontario Shore Railroad Company, and to take the bonds or stock of that company therefor." Passed May 2, 1814 ; three.fifths being present. The People cf the State of New Torkj represented in Senate and AisemUjfy do enact asfcttatca: Section 1. Chapter one hundred and eighty-two of laws of eighteen Bepefti. hundred and seventy-two, entitled " An act to authorize the city of Rochester to issue its bonds in aid of the Lake Ontario Shore Railroad Company, and to take the bonds or stock of that comi)any therefor," PBased April sixth, eighteen hundred and seventy-two, is hei-eby repealed. \ 2. This act shall take eifect immediately. Chap. 319. AN ACT to amend an act entitled "An act to consolidate and amend the several acts relating to the village of Watkins, and to enlarge the powers of the corporation of said village," passed April third, eighteen hundred and sixty-one. Passed May 2, 1814 ; three-fifths being present. The People of the State of New Yorkj represented in Seriate and AssenMy, do enact asfoUows : Sectioh 1. Section one of title one of an act entitled '*An act to con- solidate and amend the several acts relating to the village of Watkins, and to enlarge the powers of the corporation of said village " is hereby amended so as to read as follows : k 1. The territory embraced within the following bounds shall consti- ^^i^"^ tote the territory of the village of Watkins, namely : Commencing at arSS. ^ iron pin on the west bank of Seneca lake, north twenty-three degrees 376 LAWS OP NEW YORK. [Chap. 319. , fifty-fieven minutes west, thirteen hundred eighty-six feet from the north edge of the title block of the Madison ^reet stone bridge over Quarter-mile creek ; thence running south sixty^ne degrees thirty, iive minutes west, one thousand six hundreerBon shall be entitled to damage for any such alteration or diange unless he shall make claim in writing therefor to the board of trustees within six months from the first publication of such resolution or ordi- ProTiso. nances ; provided that such resolution or ordinances shall not require any fence, building or other structure existing at the time of such first publication to be removed, but shall be allowed to remain until such fence, building or structure shall be rebuilt. ^ 4. This act shall take effect immediately. Chap. 321.] NINETY-SEVENTH SESSION. 377 Chap. 3aO. •AX ACT to authorize the Geneva and Southwestern Railway Company to acquire title to certain real estate for the purposes of said railway. Passed May 2, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and AmenMy^ do enact asfoUowe : Section 1. Whenever ten thoasand dollars a mile for every mile of when ap. that portion of the Geneva and Southwestern Railway, from its termi- for^Jp°" nu8 in the village of Gfeneva, to it« intersection with the Northern Cen- p^*"^"}^^?^* tial Railway in the town of Seneca, at the station thereon known as the BionerT"* Gorham station, shall be in good faith subscribed to the capital stock JJJ5e!^ of such railway by the village of Geneva, with condition that the same shall be expended wholly on such section of said railway, and ten per cent thereof jiaid in, the said railway company may, by its properly constituted officers, apply for the appointment of commissioners, for the purpose of acquiring the necessary title to real estate upon such section of said railway. \ 2. Such application shall be made in all respects according to the Appiica- requirements of the general railroad law, act of eighteen hundred and ^^e!*^^ fifty, chapter one hundred and forty, section fourt/een, and the several act* amendatory thereof ; and the powers and duties of such commis- sioners, when appointed, shall be such only as are provided by such act and the several acts amendatory thereof. \ 3. Such commissioners, when so appointed, shall have all the Powera, powers and be subiect to all the restrictions provided by said general ^mmis- ndlroad law and tne acts amendatory thereof, that they would have if sionei-e. duly appointed for the whole length of said railroad, according to the terms of its charter, except that nothing herein contained shall author- ize them to act or exercise any authority, by virtue of such appointment opon any portion of said railway, or in the appraisal of any damages other than those upon the section above specified, as lying between the Northern Central Railroad at Grorham station, and the terminus of said Geneva and Southwestern Railway in the village of Gteneva, in the county of Ontario. \ 4. This act shall take effect immediately. Chap. 321. AN ACT to amend section twenty-seven, title seventeen of chapter eight of part third of the Revised Statutes, entitled " General miscellaneous provisions concerning suits and proceedings in civil cases." Passed May 2, 1814 ; three-fifths being present. Tlie People of the State of New Yorky represeided in Senate and AasefnUf/f do enact asfoUows : Sbction 1. Section twenty-seven of the seventeenth title of chapter eight of the third part of the Revised Statutes is hereby amended so as to read as follows : 25 378 LAWS OP NEW YORK. [Chap. 322. 3rAjority § 21. Whenever any power, authority or duty is confided by law to may act. three or more persons, and whenever three or more persons or officers are authorized or required by law to perform any act, such act may be done and such power, authority or duty may be exercised and performed ^y a majority of such persons or officers upon a meetii^g of all the i)er- sons or officers so intrusted or empowered, unless special x)rovision is otherwise made, and whenever a duty has been or shall be enjoined by law upon three or more persons or officers, and one or more of them shall have died, or have become mentally incapacitated to act, or shall refuse or neglect to attend a meeting of such persons upon reasonable personal notice thereof, then the ^ion of a majority of the whole number appointed shall be binding and e£Eective for all the purposes Proviso, for which they were appointed, unless special provision is otherwise made in existing laws. Chap. 332. AN ACT to amend chapter three hundred and seventy- nine of the laws of eighteen hundred and forty-eight, entitled "An act to simplify and abridge the practice, pleadings and proceedings of the courts of this State," passed April twelfth, eighteen hundred and forty-eight. Passed May 2, 1874. The People of the State of New York^ represented in Senate and Assembly, do encu^ as follows: Section 1. Section eleven of chapter three hundred and seventy-nine of the laws of eighteen hundred and forty-eight, entitled "An act to simplify and abridge the practice, pleadings and proceedings of the courts of this State,'* passed twelfth April, eighteen hundred and forty, eight, as the same has been since then amended, is hereby fiurther amended by adding at the end thereof the following : Appeal to No appeal shall be hereafter taken to the Court of Appeals from any appeaSL judgment or order granting or refusing a new trial where the amount of the judgment or subject-matter in controversy in the action or proceed, ing does not exceed five hundred dollars, exclusive of the costs therein, unless the general term of the court, from whose decision or determina- tion such apx)eal shall be taken, shall, by an order to be entered in its minutes, state that there is involved some question of law which ought to be reviewed in the Court of Appeals. In actions not founded upon contract where the judgment appealed from is for the defendant the amount claimed in the complaint shall be deemed the amount of the subject-matter of the controversy. But nothing in this provision con- tained shall apply to actions or proceedings affecting tte title to real estate, or an interest therein. Chap. 823.] NINETY.SEVENTH SESSION. 879 Chap. 333. AN ACT making appropriations for certain expenses of govemment, and supplying deficiencies in former appro- priations. Passed May 6, 1874 ; by a two-third vote. The People of the State of New York, represe?ited in Senate and AMemblyy do ena^ asfoUowa ; Sbction 1. The Treasurer shall pay ou the warrant of the Comp- Payments Mler, from the several sums sx)ecifiea, to the persons indicated in this ^^1^^ act, the amounts named, or such parts of those amounts as shall be sufficient to accomplish in full the purposes designated by the appro, piiations ; but no warrant shall be issued, except in cases of salaries, comptroi. until the amounts claimed shall have been audited and allowed by the d^tcenSin Coniptroller, who is hereby authorized to determine the same. The claims, persons demanding payment shall present to him a detailed statement vouchers in items, verified by affidavit, and if such account shall be for services, J^ntedf* it must show when, where and under what authority they were ren- dered; if for .exi)enditure8, when, where and under what authority they were made ; if for articles furnished, when and where they were famished, to whom they were delivered, and under what authority ; and if the demand shall be for traveling expenses, the account must also specify the distance traveled, the places of starting and destination, the duty or business, and the date and items of exx)enditure8. On all Certifled aeooonts for transportation, furniture, blank and other books furnished ^l^^heS. for the use of office, binding, blanks, printing, stationery and postage, a bill duly certified must also be f iCmished ; but whenever an appropria- tksi shall have been made for the same purpose, or the amount shall have been provided otherwise, the sum herein directed to be paid shall not be considered as an addition to such appropriation, unless it shall be expressly so declared in this act. For the purpose of a full and perfect examination into the items of any bill herein allowed, the GomptroUer is further authorized to examine under oath to be adminis- tered by him, any person applying for any appropriation herein named. i 2. The following amounts are hereby appropriated for the several AppropH- objects specified, namely : ***°"'*- FROM THE QEIYERAL FUND. _ « For the clerg3^dn officiating as chaplain of the Assembly during the For chmp- seasioa of eighteen hundred and seventy-four, for compensation, to be {he ^ ^* assem* paid to the clerk of the Assembly, for distribution by him to those ^y- cleigymen, at the rate of three dollars for every day of attendance, the aun of three hundred dollars. For the Reverend R Halley, for services as chaplain of the Senate, For chap, for the session of eighteen hundred and seventy-four, as compensation, IS'^^n. at the rate of three dollars per day for every day of attendance at such ate. sesidon, the sum of three hundred dollars. For the clerk of the Assembly, for revising, mailing, and sending to For oierk the members of the Assembly previous to the organization of the next Jjmw^ house, the clerk's manual, the sum of two hundred and fifty dollara For the clerk of the Senate, four hundred dollars, and for the clerk cierks of of the Assembly, seven hundred and fifty dollars, for compensation for Lmi m!*** extra clerical serrices and engrossing. sembiy. 380 LAWS OF NEW YORK. [Chap. 323. For the clerk of the Senate, five hundred dollars, and for the clerk of the Assembly, seven hundred and fifty dollars, for indexing the Indexes to journals, bills and documents of the Senate and Assembly ; and section ^Ac^to be ^^^ ^^. chapter two hundred and fifty-four of the laws of eighteen majic bv hundred and forty-seven, is hereby so amended that hereafter the the clerks, jj^^^^es to the journals and documents of the two houses of the Leg* islature, shall be made by the clerks of the respective houses instead of by the Secretary of State, as is iirovided in said section, together with Compen- the indexing of the bills of the two houses, and the compensation for SwSbr. ®^^^ services is hereby fixed for each year as follows : to the clerk of the Senate, five hundred dollars, and to the clerk of the Assembly, seven hundred and fifty dollars. Employ. For the employees of the Senate and Assembly, whether appointed Senato^**^ Or elected, to each of them, the same per diem compensation resi)ec- and as- tively for each day of the session in excess of one hundred days, as sembiy. ^jj^jp respective salaries or per diem allowance, as established by law. Clerks of would give per day for a session of one hundred days ; and the salaries ^es on en- ^^ *^® clerks acting as clerks of the committees on engrossed bills of the grossed Senate and Assemoly are hereby fixed at the following sums, namely : * that of the clerk in the Senate, at nine hundred dollars, and that of tne clerk in the Assembly, twelve hundred dollars, to date from the conu mencement of this session. snperin- The salary of the superintendent of the wrapping department of the wmpping^ Assembly is hereby fixed at five dollars per dav from the beginning of depart, the sessiou ; and the sum of three hundred and twenty-five dollars, or The^i^m. so much thereof as may be necessay, is hereby appropriated to pay ^*y. Clinton L. Baxter deficiency of such salary. Cartage. For the payment of the expense of cartage of Senate and Assembly documents to the post-ofiice of Albany, during the session of eighteen hundred and seventy-four, the sum of one hundred dollars, to be paid to the parties who rendered the services in such proportions and so much thereof as the Comptroller shall determine to be just and proper. Employ. For scrvioes of the employees of the Legislature of eighteen hundred fe^igi^JnJo and seventy three, performed after the adjournment thereof, under for scr- resolutions of the Assembly, as follows : for Lewis H. Clark, as librarian a^rnirn.^*^ of the Assembly, the sum of eighty-four dollars ; for the legal represent- ment. atives of Ezatus S. Jones, deceased, as messenger of the librarian of the Assembly, the sum of forty-two dollars ; for D. M. Presoott, as post- master of the Assembly, the sum of eighty-four dollars ; for Robert fcj. Kelsey, as assistant postmaster of the Assembly, the sum of eighty* four dollars. Employ. For servioes of the employees of the Legislature of eighteen hundred uSuu**^ and seventy-three, uerformed after the commencement of the session tare of of eighteen hundred and seventy-four, pursuant to resolution of the ^^^' Assembly, as follows : for D. M. Prescott, as postmaster of the Assembly, the sum of fourteen dollars ; for Robert S. Kelsey, as assistant post- master of the Assembly, the sum of eighty-four dollars ; for George Mingay. as assistant librarian of the Assembly, the sum of forty-two dollars ; for A. J. McMaught, as deputy clerk of the Assembly, the sum of one hundred and sixty-eight dollars ; and for J. B. Haskell and H. S. McCollum, as deputy clerks of the Assembly, the sum of ninety-eight dollars each. c. J. Mc- For C. G. McKay, messenger to the Committee on Privileges and ^*^- Elections of the Assembly, for railroad fare to and from New York, of the person employed by him to act in his place when unable to attend upon the sittings of said committee, forty-six dollars and forty Chap. 328.] NINETY.SEVENTH SESSION. 881 cents ; and for L. Devendorf, as an assistant doorkeeper of the Assem- l. Deren- biy, of eighteen hundred and seventy-three, for fourteen days' service, ^°'''- from the opening of the present session, seventy dollars; and forThomaa Thomas Riley, for thirty-nine days' service, as messenger in the post- ^^^^' offioe of the Assembly, at the beginning of the present session ox the Legislature, in pursuance of a resolution of the Assembly, one hundred and seventeen aollare. For Lewis H. Clark, as librarian of the Assembly, for fourteen days Lewis h. alter the commencemen4i of the present session, the sum of eighty-four ^'^■'^'^• dollara For Isaac Lockwood, who has acted as doorkeeper in the place of Uaac William Wood, resigned, during last half of session, same pay as other ^^' doorkeepers. For Robert 8. Kelsey, for services as superintendent of express mat- Robert s. ter, and of the mailing department, from January nineteenth to Feb- ^«*^y- mary tenth, inclusive, of the session of eighteen hundred and seventy- four, pursuant to resolution of the Assembly, i)assed January nineteenth, eighteen hundred and seventy-four, the sum of one hundred and fifteen dollars. For Cfharles L. Keyes, for services as messenger to the clerk of the Charios h. As^mbly, ffom the commencement of the session of eighteen hundred ^®y*- and seventy-four, to February eleventh, being thirty-six days, the sum of one hundred and eight dollars. For Edmund J. Dayton, for compensation for services as general mes- Edmand aenger of the Assembly during the last half of the session of eighteen *'-^*y*o'»- hundred and seventy-four, to be certified by the Speaker and clerk of the Assembly, three dollars per day. For Bach acting Assembly general messengers, pages, assistant door- Messen- keepers, messenger to the clerk of the Assembly, and mail carrier, in paSs, as- such soms to each, as the Speaker of the Assembly shall certify, and l^'^f^J^ apportion out of the sum hereby appropriated, not exceeding the regular erg^^Ac*'*' per diem compensation for such employees, the sum of two thousand five hundred dollars; and to the heirs of William N. Lombard, late Heireof night watchman of the Capitol, the same sum of money that he would L^lJ^bard. have received had he lived to the close of the present session of the Leg- islature ; for James O'Neil, messenger to the committee on internal James o*- aflurs of the Senate, one hundred and fifty dollars, and for extra clerit-al ^^^' servke to the Assembly sub-committee of the whole, to be certified by the Speaker, the sum of six hundred dollars, and hereafter the assistant Assistant doorkeepers, messengers and pages for the Senate and Assembly, shall «« tolfj*' be apxx>inted for, and serve the entire session unless removed by the appointed Lieutenant-Oovernor or Speaker, for cause. 8?on**** For James L Hart, for preparing a statistical list of the members and james J. officers of Senate with boarding places, and for disbursements, the sum ^*"'^* of one hundred and fifty dollars. For B. E. Brown, librarian of the Assembly, for preparing a statis- e. e. tical list of the officers and members of the Assembly with their boarding ®^<>wn. places, the sum of fifty dollars. Fbr Joseph McMahon, for services as messenger in eighteen hundred Joseph and seventy-two, the sum of two hundred dollars, omitted from the ^o^^' supply bill of eighteen hundred and seventy-three, by the clerk, the same to be paid to Mrs. McMahon, of Albany, his mother, and her receipt diall be a sufficient voucher therefor. For James P. Monahan, for services as messenger at the extra session James p. of the Senate in the year eighteen hundred and seventy-two, the sum ^®"**^" of one hundred and eight dollars. 882 LAWS OF NEW YOEK. [Chap. 323. wm. P. For William P. Jones, for engroflsing resolutions and testimonials of Jones. ^^ Senate, one hundred dollars. Fetor For Peter Lawrence and Henry Plato, for services in charge of the an^Sf * closets in the Capitol, under the appointment of the keeper of the ry Plato. Capitol, the sum of one hundred and fifty dollars each. George c. For Qeorge C. Storrs, for sixteen days' services as messenger to the storra. committee on local and special laws, from the commencement of the session of eighteen hundred and seventy-four, to the twenty-second day John Q. of January, the sum of forty-eight dollars ; and for John Q. Allen, ftu* AUen. sixteen days' services as clerk to the same committee for the same period of time, the sum of eighty dollars. John For John Palmer, for materials furnished and labor performed in Palmer, paintine and glazing in the Assembly chamber and at tne State Geo- logical hall, in eighteen hundred and seventy-three, the sum of four hundred and thirty-two dollars and forty-three cents. Bohert K. For Robert K. Oliver, for carpenter work done and materials for. ouver. nished from March twenty-eight, eighteen hundred and seventy-three, to March fifth, eighteen hundred ana seventy-four, at the Capitol build. ing, the sum of two thousand live hundred and twenty-five dollars and ninety-two cents. Tncker A FoT Tucker and Crawford, for gas fixtures for the Senate diamber, Crawford, gixteen dollars and sixty-three cents. c. A. ste- For C. A. Stevens, in full, for use of rooms at number one hundred ^®^- and twenty-eight State street, Albany, as committee-rooms, during the year eighteen hundred and seventy-three, and after the first day of May of said year, the sum of fifty dollars, and for the use of the same for like purpose during the entire session of eighteen hundred and sev- enty-four, the sum of five hundred dollars. James I. For James I. Hendryx, in full for his services and allowances as Hendryx. librarian of the Assembly of eighteen hundred and seventy-two, for fourteen days' service after the close of the session, and fourteen days' service as such librarian at the opening of the session of eighteen hun- dred and seventy-three, the sum of one hundred and four dollans and fifty cents, provision having been made by chapter seven hundred and sixty of the laws of eighteen hundred and seventy-three for Mm, for only forty-three dollars and fifty cents. Nathaniel For Nathanel P. Hallenbeck, for thirty-one days' services as general i\ Haiien- messenger of the Assembly of eighteen hundred and seventy-two, to be -paid to his mother, Catharine Hallenbeck, the sum of ninety-three dol- lars, on production to the Comptroller of evidence of due appointment and service, i-. o. For L. G. Sweet for ten days' service as clerk of the sub-committee of ^^*^^' the judiciary committee of the Assembly of eighteen hundred and sev- enty-three, the sum of fifty dollars. Coansei & The accounts of counsel and stenographers employed on the part of raSThera. the State by the committees of investigation of the Senate and Assembly during the present session of the Legislature shall be audited by tin Comptroller and paid by him out of any funds appropriated for the pay- ment of legislative expenses. kjB necessary for the use of the office, blanks, printing and other omoe!^^^^ neoeasary expenses, the sum of eight hundred dollars. For the office of the State Bngineer and Surveyor, for furniture, blank oioce or and other books necessary for the use of the office, binding, blanks, gineen^' priuting and other necessary expenses, the sum of two hundred dollars. For printing for the Legislature, including wrapping, binding and Printing, engraving; also for the publication of the official canvass, the publica- ^^' Hon of oDncuirent resolutions, and other official notices, for printing and Seseioii liinding the session laws, the sum of twenty thousand dollars. ^'^^^- For the Land Office, for compensation and mileage of the Lieutenant- Land oa Governor and the Speaker of the Assembly, for their attendance at the ^^^' meetings of the Commmissioners of the Land Office, and for assessments aod other expenses of public lands, the sum of one thousand dollars. For the Capitol, for expenses for repairs, cleaning, labor,- gas and Capitoi. other necessary expenses, the sum of ten thousand dollars. For the payment of bounties, in pursuance of section thirty-nine, Bonnties. ehapter seven hundred and twenty-one of the laws of eighteen hundred and seventy-one, the sum of five hundred dollars, or so much thereof as may be necessary. For furniture and fixtures for the Gk)vernor's house, four hundred Govern- and iiity dollars, or so much thereof as may be necessary, that being the r^rnuore!' man paid into the treasury from a sale of fyirniture taken from the resi- ^^^ deoce, in Congress Hall, of the late Governor. For the Hall of the State cabinet of natural histx)ry and the agricul- Haiioftue toral museum, for repairs, cleaning, labor, gas, fuel, compensation of iJJJtor *'^' Iceeper and other necessary expenses, the sum of one thousand dollars. |ij^^"^^' aod tte building shall hereafter be under the supervision and control or &c* ^^^* the Ckwimiasioners of the Land Office, and the bills therefor audited by the Comptroller. For tiie State hall, for expenses for repairs, cleaning, labor, gas and hiSul 884: LAWS OF NEW YORK. [Chap. 323. other necessary expenses, including balance of superintendent's €om* X)enBation, the sum of one thousand five hundred dollars. state Li- For the State Library, for repairs, cleaning, gas, transportation of brary. books and other necessary expenses, the sum of one thousand dollars. Troasnr- For the Treasurer's office for repairs, furniture, moving safe and books, er's office, ^j^^ g^J^ ^f q^q thousand two hundred dollars. Compea- For the compensation of sheriffs for the transportation of convicts to sherUb.^ the State prisons, asylum for insane convicts, houses of refuge and peui- tentiaries, the sum of one thousand dollars, or so much thereof as may be necessary. Crierg. For criers and attendants of the Court of Apx)eal8 and the Commis- coiirt of ^^^ ^^ Appeals, as provided by law, the sum of two thousand four hun- Appeato. dred dollars, and the salary of the clerk of the Court of Appeals shall hereafter be paid monthly. Purchase For the purchase of coin for the x)ayment of the interest on the gen- of cola. Qj^\ fun^ debt, including the Indian annuities, the sum of eight thou* sand five hundred dollars. Clerks in For deficiency in the appropriation for clerks in the Executive depart?^* Department, the sum of two thousand dollars. ment. For the Att/Orney-General, to pay the expenses of carrying on two suits Attorney- in the United States Court between this State and the State of Connec- general, ticut, pursuant to concurrent resolutions of the Legislature of this State, one of which is to determine the boundary line between the two States, and the other to test the constitutionality of certain laws of the State of Connecticut with regard to oyster beds, the sum of one thousand dol- lars, or so much thereof as may be necessary. Comptroi- For the Comptroller, to pay the expense of giving notices to occupants ^®^*- of lands bid in by the State at tax sales, the sum of one thousand dol- lars, or so much thereof as may be necessary. Comptroi- For the Comptroller, for the purchase of a new safe for the office of *®^- the Comptroller, the sum of twenty-five hundred dollars, or so mudi thereof as may be necessary. Pa\'ment The Comptroller is hereby authorized to pay six hundred dollars of Interest annually, being interest at six per cent, pn ten thousand dollars, due the widow and heirs-at-law of John jGK Wasson, upon a certificate issued under chapter eight hundred and thirty of the laws of eighteen hundred and sixty-eight, and he is authorized to pay such interest semi-annually until the principal can be paid. Deficient For deficiency in appropriations for binding the United States census binding returns of eighteen hundred and seventy, tnuismitted f.o the Secretary c?nsns re> of State, three hundred dollars, or so much thereof as may be necea- tams. ««,«^ sary. fiiTrary^.'^'^ For the State Law Library fifteen hundred dollars. Library For the purpose of establishing a judicial district library for the third diciS^^fii judicial district, to be located at Kingston, Ulster county, the sum of trict. four thousand five hundred dollars, to be expended in the purchase of books under the direction and supervision of the justice of the Supreme Court residing in said dty. Library of For the library of the consultation room of the Court of Apx)ealB, AppwSs. *^® i**^™^ ^f fiv® hundred dollars. Office of For the office of the State Engineer and Surveyor, for salary of an n^eer ^for ' additional clerk, in his office, to index and prepare for ready reference addi^onai railroad maps required by law to be placed on file in his office, the sum clerk. ^£ sixteen hundred dollars, to be refunded to the treasury by the seye- ral railroad corporations of this State, in proportion to their respective Chap. 823.] NINETY-SEVENTH SESSION. 385 mm receipte, paTBuant to chapter five hundred and tv^enty-edx of the uws of eighteen hundred and fifty-five. Pot John A. Cooper, late Deputy State Engineer and Surveyor, in John a.. fall, for work and clerk hire in the preparation of the annual report on ^^p^^- railroads, for the year eighteen hundred and seventy-three, the sum of fifteen hundred dollars ; and for making a new and revised railroad map of the State to acoomx)any the annual report on railroads, for the year eighteen hundred and seventy-three, the sum of five hundred doUars, to be refunded to the treasury by the several railroad corpora- tions of this State, in proportion to their respective gross receipts, XHursuant to chapter five hundred and twenty-six of the laws of eighteen iuindred and fifty.five. For the law libraries of the judicial districts of the State, the sum of LawUbra- one thousand dollars each. ^^®*' For Mary Doheny, to refund to her the consideration money paid by MarjOo- her for lands purchased by her giantor from the State, the title to which ^^^"^^ • has &iled, and in full for her claim upon the btate therefor, the sum of two handred and fifty dollars ; provided it shall be made to appear to the Comptroller that the State has not refunded the purchase-money to any person ; but no more shall be allowed than the amount of pur- diaae-money received by the State. For W. C. Arnold and Company, of PouSB^hkeep8ie,in full, for balance w. c. Ar- of their account to February sixteenth, eighteen hundred and seventy- "^^^^^^o. four, for lumber delivered by them for the use of the Hudson River Bfcate Hospital, the sum of five hundred dollars, the same to be paid out of the appropriation for the Hudson River State Hospital, provided the managers thereof shall, upon examination, certify to the legality and justice of said claim. For Breslin, Purcell and Company, for bill of board furnished to the BresUn, oominittee on grievances of the Assembly of eighteen hundred and ^5^*®**^* seventy-three, the sum of three hundred and eighty-three dollars and seventy-tive cents. For Van Hensen, Charles and Company, for glass and earthenware van Hea- fdmished by them in eighteen hundred and sixty-seven for the use of (fhi-ieg a the agent and warden of ISing Sing prison, upon the order of the Inspect- ^^'o- CT8 of State Prisons, the sum of eighty-two dollars and eightyeight cents. For Mary Robertson, Amelia Robertson and Elizabeth M. Tunstall, Mary Rob- or the survivor or survivors of them, one thousand dollars each, to be AmSia paid by the Comptroller whenever satisfactory proof shall be made to Robertson faiia that they are the only lineal descendantiS of Gabriel Christie, and Seth m?^' that the said Qabriel Christie was the proprietor and legal owner of Tunstau. laads at Rouse's Point, ceded by the State of New York to the United States, and for which the State of New York received payment. For Andrew W. Morehouse, in full for all claims for injuries received Andrew by him while in the discharge of his duties as keeper of Clinton State ^q^^' priaoiit on the twenty-fourth day of March, eighteen hundred and . oevenly-three, from a wound innicted by a convict of that prison, oocaeioidng damage to his sight, hearing and mind, the sum of one tluHiaand dollars. For Mrs. Eliza Mink, widow of William H. Mink, who was killed Mr». kuza ^w^Mle in the disi^arge of his duty as a laborer on the new capitol, by ^*'*^* tlie foil of a scaffold, on the twenty-sixth day of June, eighteen hundred and seventy-three, the sum of one thousand dollars. For Milton R. Austin, to ccHnpensate him for inhiries sustained by Miiton r. faim iwrhile employed in the construction of the asylum for insane con- -^^^*^"- victSy at Auburn, the sum of one thousand dollars 386 LAWS OF NEW YORK. [Chap. 328. Jeremiah FoT JeremUb Hummell, for injuries sustained by him, as a keeper in Hanmieii. gj^jg gjjjg prison, fiom a fall of One of the prison oorridors in the spring* of eighteen hundred and seventy-three, for his consequent loss of health and his expenses for medical treatment necessarily incurred thefefrom, the sum of iifteen hundred dollars. Abram 8. For AbRuu S. Aldrich, for injuries received by him on the twenty- Aidrich. second day of September, eighteen hundred and seventy, while in the discharge of his duty as a soldier of the national guard, occasioned by the premature discharge of a cannon, and for his expenses necessarily incurred thereupon, the sum of two thousand dollars ; provided, how- ever, that the Comptroller shall, upon investigation, asoertain that the injuries were received while he was in the discharge of his duty as such member of the nation^ guard, state com- For the compensation of the State commissioner in lunacy, from June in'iunacy. ^i^^^j eighteen hundred and seventy-three, to the close of the current ' fiscal year, in pursuance of chapter five hundred and seventy-one of the laws of ei^^hteen hundred and seventy-three, the sum of five thou* sand two hundred and seventv-seven dollars and seventy-five oentB and for traveling and other incidental expenses during the same period, the sum of one thousand three hundred dollars, or so much thereof as may be necessary. James For James Hutton, to pay balance of his claim as surviving member Hatton. q£ ^Jj^ jjjg^ regiment of New York volunteers, who served in the war with Mexico, presented since the apportionment of the appropriationBy under chapter seven hundred and eighty of the laws of eighteen hun. dred and seventy, and chapter seven hundred and twenty-five of the laws of eighteen hundred and seventy-one, the sum of forty-seven dollars and forty cents. Adoiph For Adolph Kielgast, for services as jMrivate in Company "C," First Kieigast. regiment New York volunteers, in the war with Mexico, pursuant to chapter five hundred and eight of the laws of eighteen hundred and fifty-one, and chapter seven hundred and eighty of the laws of eighteen hundred and seventy, the sum of two hundi^ and eighty-three dollars and fifty cents. CommU- For Daniel Shaw, George Plumb and Orson Richards, commissioners improre'^'^ for the improvement of the St. Regis river, under chapter eight hnndi^ meat of and fifty-five of the laws of eighteen hundred and seventy^ne, for riverf ^ interest paid and moneys advanced under the provisions of said act, the sum of three hundred and six dollars. Heniy For Henry Smith, for services as counsel, at the request of the late vices^iT'^" Attomey-Ge»eral, upon the requisition of a justice of the Supreme connfiei. Court, in each case, in preparing for and attending courts of oyer and terminer, and aiding aistrict attorneys in the following cases : In the trial of one Payne, indicted for murder, when the prisoner plead guilty of manslaughter in the third degree, and was sentenced to State prison for four years, the sum of two hundred dollars ; in the trial of Merritt Wheeler, indicted for the murder of Lottie Sterling, and who, after the trial commenced, plead guilty of manslaughter in the second degree, and was sentence to Stete prison for six years and ten months, the sum of two hundred dollars ; in the trial of Charles Eggler, at Auburn, indicted for the murder of Ettie Conklin, and who was convicted ana sentenced to be executed, the sum of four hundred dollars ; in the trial of Patrick Donahoe, indicted for the murder of one Moore, and who was convicted and sentenced to be executed, the sum of four hundred * So in oriffinal. Chap. 328.] NINETY-SEVENTH SESSION. 387 dollars ; and in the trial of Albert E. Peny, at Auburn, indicted for ike murder of the jailer, Fields, and who was convicted of manslaughter in the first d^ree, and sentenced to State prison for life, the sum of four hundred €u>llar8 ; and for his services as counsel, at the request of the Comptroller, in resisting the motion for a mandamus in the Supreme Court, against the Comptroller, involving the question of the extent of allowance for compensation of members of the Legislature beyond one handred days, in oases of proceedings for impeachment, the sum of two hundred dollars. For David J. Mitchell, for services as counsel, at the request and on oarid j. the assignment of the Attorney-General, to assist the district attorney Jer^icosai of Mad^n county, on the trial of William A. Stone, indicted and con- connwi. Tieted of arson in the first degree, and sentenced to State prison for life, five hundred dollars ; and for like services at the request and on the aaeifnment of the Attorney-General, to assist the district attorney of Ma&flon county, in the trial of Melvin D. Woodford, indicted and con- victed of arson in the first degree, and sentenced to State prison for life, five hundred dollars. Hie district attorney of any county in which an important criminal District iction is to be tried, with the approTOl, in writing, of the county judge 5Jiy™m^ of Uie county, which shall be filed in the county clerk's office, may pioy conn- employ counsel to assist him in such trial, and the cost and expense ^^' th^eof, and also the cost and expense of any counsel assigned, desig- Cost of Mted or appointed by the Governor or Attorney-General, at the request ^iSJ,wi of the dis^ct attorney, to assist him on the trial of any such action, by tho shall be certified by the judge presiding on such trial, and shall be a accnm^'^' <^Tge upon the county in which the indictment in the action is found, ^^''*^* and shall be assessed, levied and collected by the board of supervisors of such county at its next annual assessment, levy and (collection of eoanty taxes aft^ such services shall have been performed, and there- upon be paid over to the party entitled to the same ; and no appoint- nent or designation of counsel to assist in the trial of such cases shall hereafter be made by the Governor or Attomey-Gteneral except as herein provided, and the tState shall in no case hereafter be liable for any such ■ervices. For Henry R. Mygatt, in full for his services as counsel and his dis- Henry b. hoTsements, pursuant to resolution of the Commissioners of the Land ^>'k*"- Office, adopribed August fifth, eighteen hundred and seventy, in resisting mandamus sued out by the trustees of the New York 8tate Inebriate Allium against William R. Osbum, treasurer, the sum of five hundred Md twenty-two dollars and thirty-six cents. For the attorney in fact of the next of kin of Patrick Moran, deceased. Attorney hrte of Oytrter Riy, pursuant to an order of the Supreme Court, made at of w?i°oT* a special teim thereof, held in the city of New YorK, December twenty- Patrick third, eighteen hundred and seventy-three, in the matter of th^ distri- SKj^ed. botion of the estate of the said Patrick Moran, deceased, the sum of three hundred and three dollars and twenty-four cents, payable out of any moneys deposited with the Treasurer of this State belonging to, or far the use of, said estate, and upon the production of proper authority fitnn the said next of kin ; and also the further sum of twenty-five dollars, being the allowance made to Robert P. Harlow, in and by said Older for his legal services in behalf of the State in the matter of such distribution, and which allowance has been advanced to him by said attorney in fact For Simon Sutton, attorney of August Jergens and Charles Schaff, simon ddldren of Louisa Myers, deceased, one hundred and fourteen dollars ®»*"<^*»- 888 LAWS OF NEW YORK. [Chap. 323. Charles C. Knight. G. M. Beok>Titb. Wmiam C.Ran- dall. In pro- ceedings for remo- val of connty of- ficers, costs to be connly charge. George Scher- mau. Martin Xacht- man. Charles Simon. Frank Ab' bott. Madden. Hngh H. Muoro A William C. Pink- ncy. and seventy-one cents, which was x)aid into the treasuiy of the State, April third, eighteen hundred and sixty-six, by the treasurer of Queens county, as administrator of the estate of said Louisa Myers, the Supreme Court, on notice to the Attorney-Greneral pursuant to statute, having ordered the amount to be paid as herein provided. For Charles C. Knight, for services as counsel in prosecuting the charges preferred against William C. Randall, sheriff of Clinton county, before the Governor, and at the request of the district attorney of Clinton county, in April, eighteen hundred and seventy-three, the sum of one hundred and fifty dollars. For G. M. Beckwith, county judge of Clinton county, in full for the balance of his account for services in the investigation, upon the refer- ence of the same to him by the Grovemor, of the charges preferred against William C. Randall as sheriff of that county, the sum of three hundred and eight dollars. For William C. Randall, sheriff of Clinton county, in full for disburse- ments incurred by him on account of charges preferred against him to the Governor, by whom after investigation of the same they were dis- missed, the sum of one thousand dollars. Hereafter in all proceedings before the Governor for the removal of any county officer ux)on charges preferred against him, all the costs and expenses thereof, including those of taking and printing the te^ timony therein, shall be a county charge upon such county, and shall be audited and allowed by the board of supervisors of such county and be included in their next annual assessment roll made thereafter, and shall be assessed, levied and collected as other county charges, and paid over to the party or parties entitled thereto by the county treas* urer thereof. For George Scherman, for compensation of counsel employed by him in the matter of the contested election for Members of Assembly for the eighth district of the dty and county of New York, the sum of seven hundred and iifty dollars, and for his expenses incurred therein in examining poll-lists and registry, taking notes of evidence and printing, the sum of iive hundred and twelve dollars. For Martin Nachtman, in full, for compensation of counsel em- ployed by him in the matter of the contested election for Member of Assembly for the eighth district of the city and county of New York, and for his expenses incurred therein, the sum of two thousand dollars. For Charles Simon, for comx)ensation of counsel employed by him in the case of the contested election for Member of Assemblv for the third district of the county of Onondaga, the sum of five hundred dol- lars, and for his expenses incurred therein the sum of two hundred and fifty dollars. For Frank Abbott, in full, for compensation of counsel employed by him in the matter of the contested election for Senator for the tenth senatorial district of this State, and for his expenses incurred therein, the sum of one thousand seven hundred and fifty dollars. For E. M. Madden, in Aill, for comx)en8ation of counsel employed bjr him in the matter of the contested election for Senator for the tenth senatorial district of this State, and for his expenses incurred therein the sum of two thousand dollars. For Hugh H. Moore and William C. Pinkney, to each of them, on account of their expenses incurred in the matter of the contested elec* tioa for Senator of the eighth senatorial district, the sum of fifteen hun- dred dollars. Chip. 323.] NINETY-SEVENTH SESSION. 389 For Josiah T. Miller, for eervices as counsel in the defense of Canal josiah t. Ccmmiissioner W. W. Wright, indicted for malfeasance in office in Seneca m*^®'^- oonntv, in eighteen hundred and seventy-two, the sum of three hundred dollars. For Edward W. Williams, for interest on a draft for final estimate of Edward work on section eleven of the Erie canal, from the time it was payable Xiaa'^ to the time it was paid, pursuant to the order of the court in the pro. oeedings for mandamus, the sum of four hundred and ninety-six dollars and eiff hty.three cents, to be paid out of any moneys remaining unex- pended in the treasury, which were appropriated for the payment of the work under the contract for which the draft was given. For Francis C. Barlow, for compensation in full for his services as Francis c. cDOosel to the Assembly committee on cities, in the investigation of the ^'^'low. street cleaning department of the city of New York, the sum of eight handled dollars, and one hundred and thirty-nine dollars for the ser- Tioes of derk and accountant. For professional services in an examination of the Hudson River State Hospital at Poughkeepsie, and of the Btate Reformatory at Elmiia, and an investigation of the accounts of managers as per order of John A. Dix, Governor, pursuant to resolution of the Senate, seven handred and thirty-two dollars and ninety-one cents. For the Shore Inspector, appointed in pursuance of chapter seven shore in- boudred and fifty-six of the laws of eighteen hundred and seventy-one "p®*^*^'- foT salary due from the first of November, eighteen hundred and sev- eaty-two, to the fifth day of May, eighteen hundred and seventy-four, two thousand two hundred and seventy-five dollars, or so much thereof as may be necessary, and the said office of shore inspector is hereby abolished. For F. B. Carpenter, of New York city, the sum of three thousand f. b. carw doHara for a full-length portrait of Abraham Lincoln, pursuant to con- p®*^^'- cairent resolution of the Legislature of eighteen hundred and seventy- thiee, to be x)aid whenever such portrait shall be accepted by the Lieu. teoaat-Grovernor and the Speaker of the Assembly. For building a bridge over the Onondaga creek on the Onondaga For buiid- Indian Reservation, on what is known as the William Hill road, and o"^r^on?^ grading and graveling the approaches thereto, the sum of two thousand ondn^a dollare, to be expended under the supervison of William W. Newman, ^^^ James P. Bud long, and George Anderson, of the town and county of Commis- Onondaga, who are hereby appointed commissioners for that puipose, therefor who shall each receive out of said sum two dollars per day for each JJmpSn-*^ fall day occupied by them in and about the building of such bridge ; eation.^' hut the total compensation of such commissioners shall not exceed the sum of one hundred dollars, and no part of the sum herein appropriated Bond to 8hall be paid over to said commissioners until they shall have executed bySem^. a bond, to the People of the State of New York, to be approved by the Comptroller, conditioned that they will faithfully discharge their duties as such commissioners, and truly account, under oath, to the Comp- iler, for all moneys received by them for the purpose aforesaid ; but 110 part of s^d sum shall be expended except upon a plan and estimate of Baid work, which will complete it within the sum above appropriated. For the commissioners of highways of the town of Onondaga, in the Comroig. county of Onondaga, to pay the expenses of repairing the State bridge ftghtJly f on the Indian Reservation, which had been swept away by a freshet in onSuS-^^ July, eighteen hundred and seventy-three, the sum of one hundred and ga!^° thirty-iive dollars. 890 LAWS OF NEW YORK. [Chap. 323. F. D. For reimbursing F. D. Hantington, for moneys expended by him in Hantiag- greeting a school-house on the Onondaga Indian Reservation, for the use of the Onondaga Indians, the sum of five hundred dollars, being a reappropriation of the amount made by chapter seven hundred and thirty-three of the laws of eighteen hundred and seventy-two. Henry H. For Heuij H. Hawkins, attorney for the Cayuga Indians, as oompen- Haw^kins. g^^^QQ fop distributing the annuity from the 8tate to said Indians, the sum of twenty.five dollars. Company For Company *• B," fifty-fourth regiment. National Guard, in full, for nJ^ient, compensation for services in protecting State property during the strike National' on the Erie canal, at the Ox Bow breas, in May, eighteen hundred and °" ' seventy-one, upon the requisition of the sheriff of Monroe county, and for uniforms belonging to said comiwuiy, destroyed in such service, the sum of one thousand (follars. Ai^ntant For the Adjutant-G^neral, to purchase fifty unifarms, to replace those general, belonging to Company " B," twenty-seventh regiment. National Guard, destroved by fire in its armory at Mount Vernon, the sum of one thou- sand dollars. Arsenals For the repairs of arsenals and armories belonging to the State, the and anno- g^^ ^f j^y^ thousand doUars, or so miKsh thereof as may be necessary. At os. For the State armory at Oswego, for the completion of the same, the wogo. g^^^ ^f £'Q^p thousand dollars. utica. For the State armory at Utica, for completing addition thereto, the sum of five thousand eight hundred and ninety-eight dollara At syra- For the State armory at Syracuse, for the completion of the drill room Auburn^ thereof, the sum of four thousand five hundred dollars; and for the State armory at Auburn, for the completion thereof, the sum of five thousand dollars ; all vouchers for expenditures under this appropriation shall be subject to the approval of the Comptroller. Bopairing For repairing the embankment at the rifle range at Creedmore, and for rai^, &o. ^^ erection of a building at that place for the storage and safe-keeping of property belonging to the State, the sum of seven thousand five hun- dred dollars, or so mudi thereof as may be necessary. A^ntane- For the Adjutant-General for the purchase of ninety-six uniforms, to Konerai. j^pi^QQ that number destroyed by fire at the armory of the twelfth regi- ment. National Guard, on Broadway, in the city of New York, the sum of eleven hundred and eighty-five dollars and sixty centa FrankUn For the county of Franklin, the sum of four hundred* and forty-one connty. dollars and seven cents, that being the amount claimed to be due said county, pursuant to chapter seven hundred and four of the laws of eiglu teen hundred and seventy, but which it is claimed has not been drawn, which sum is hereby reappropriated and shall be paid into the treasury of said county upon the receipt thereof by the treasurer of said county, if upon investigation the Comptroller shall ascertain that the same has not been drawn, schnyier For the couuty of Schuyler, the sum of nine hundred and forty dol- coonty. ]j^j,g j^jjd twenty-four cents, that being the amount claimed to be due said county, pursuant to chapter eight hundred and fifty-seven of the laws of eighteen hundred and sixty-nine, chapter seven hundred and four of the laws of eighteen hundred and seventy, and chapter eight hundred and sixty-uiue of the laws of eighteen hundred and seventy- one, but which it is claimed has not been drawn, which sum is hereby reappropriated and shall be paid into the treasury of said eounty upon the receipt thereof by the treasurer of said county, if upon investigft' tion the Comptroller shall ascertain that the same has not been drawn* Chap. 328.] NINETYSEVENTH SESSION. 391 Far Harry Edwaofda, for reporting prooeedinge ib the Barnard lApeachment trial, in the absence of the officii^ ^nographer of the ttenate, until the appointment of the present official stenographer, forty* arties as are entitled tiimeto, to make the value of the currency money in which their annui- ties, under the treaty of seventeen hundred and eighty-eight, were paid to thevfi from the year eighteen hundred and sixty-two to the year eigh- teen hundred and sixty-seven, both inclusive, equal to the value of sil- ver money at the several periods of payment, pursuant to the terms of the treaty, the sum of eight hundred and eighty-iive dollars. For salary of William C. Watson, district attorney of Genessee county, as attorney for the Tonawanda band of Seneca Indians, four hundred and fifty dollars (one hundred and fifty dollars of which sum is unap. propriated salary for the last year), in pursuance of chapter eight hun* dred and thirty-nine of the laws of eighteen hundred and sixty-seven ; but hereafter the annual salary of such attorney of the Tonawanda band of Seneca Indians shall be one hundred and fifty dollars. For the del^^ation of the Oneida Indians, to pay their expenses while attending the present session of the Legislature to present their claims against the Stote, the sum of five hundred dollars, to be paid to J. L. W. I>oxtater. For such trustee of the Tonawanda Reservation Manual Labor School as under and pursuant to section six of chapter ninety of the laws of eighteen hundred and seventy, was appointed to superintend the conf^truction of the buildings contemplated by that act, and who shall aerve as such superintendent, the sum of three hundred dollars, or so jQUcb thereof as the Comptroller shall ascertain to be just and unx)aid. For the expenses of the commission, appointed under the ocHicurrent yesolutiou of the Legislatiue of eighteen hundred and seventy-four, to examine and report the facts in relation to the claim of the Oneida Indians for lands and leases under the several treaties with said Indi- ans, the sum of five hundred dollars, or so much thereof as may be Harry Ed- wards. 8tafee Board of Chai-ities. Allan Pin- kerton. Wartnr- ton, ISon- yngo nnd Underbill, steuoK- raphers. Charles P. Yoang. Onondaga Indians. Winiam C. Wat- son. Delega- tion of Oneida Indians. Tmstce of Tonawan- da labor school. Commis- sion to ex- amine claim of Oneida In- diana. 392 LAWS OF NEW YORK. [Chap. 323. For re- For removing the bars and dredging the chaniiel of Cayuga inlet, to barl&c., ^® under the direction of the Canal CommisBioner in clmrge of the in cayaga middle division of the State canals, the sum of fifteen thousand dol- ^^ lars, or so much thereof as may be necessary, which work shall be let by contract to the lowest bidder, as now required by law, for the adver- tising and letting of public works. Bcappro- The amount remaining in the treasuiy unexpended of the appro. priatfon. pria^JQn niade by chapter four hundred and ninety-two of the laws of eighteen hundred and seventy, for the removal of obstructions from Chautauqua lake and outlet, is hereby reappropriated, to be expended as provided in said chapter. Conimis- For the commissioners of fis}ieries, to be expended as they may Ssheri^s/ deem proper, upon vouchers to be approved by the Comptroller, for the purpose of replenishing the lakes and rivers of this State with fish, the sum of ten thousand dollars, verpiank For Verplank Colvin, for services in the Adirondack survey dur- ing eighteen* and seventy-two and eighteen hundred and seventy- three, the sum of five thousand dollars ; to be in full of all services, to be paid on the first printing of the map of the survey, and he shall personally superintend the drafting and printing of said map, which shall be accepted and approved by the Comptroller and 8tate Engineer and Surveyor, before any part of such payment is made. Commis. For the commissioners appointed to confer with the fcjtate of New eonfyr *** Jersey, in regard to quarantine jurisdiction and boundary lines, pur- with New suaut to sectlou seven, chapter six hundred and thirteen of the laws of er8e>. ^igiiteen hundred and sixty-five, for compensation and expenses, one thousand dollars each, wiiiard For the Willard Asylum for the Insane, for coal sheds and hoisting ^r'ih^in- &pparatus ; for additional boiler and brick, and other materials oon. »ne. nected therewith ; for brick, stone and lime for chimneys, and work thereon ; for stone, lumber, nails, spikes, shingles and labor for vege- table cellar ; for brick, stone, iron and labor for iron stairs and fire- escapes ; for stone and lime for enlarging reservoir ; for stone, brick, flooring, ceiling, timber, slate, metal work, conductors, ventilators, washing machines, pulleys, belting, steam, water and gas-pipe and labor for enlarc^ing laundry ; for ^ditional steam-pipe for warming wings ; for brick, Ume, sand and labor for enlarging pump-house, and for nre-bnck and clay for setting boiler ; for building, on farm, two hundred rods of high fence ; for (utching four hundred rods ; for paint- ing fences ; for fruit trees ; for ten additional cows ; for one team, wagon and harness ; for shed for storing fiajming tools, and labor ; for culverts and bridges ; and for the erection of a new group of detached two-story brick buildings for females, the sum of one Hundred and forty thousand dollars. New York For the New York State Asylum for Idiots, the sum of fifteen hun- Simfor*'^ dred dollars or as much thereof as may be necessary, for the purchase Idiots. of additional land, for the use of the asylum, lying between the asylum and the public road. sute Lii- For the State Lunatic Asylum at Utica, to refund advances made imn^at^^ from the ordinary current funds for improvements furnishing accom- utiea. modations for fifteen additional patients, and repairs of the asylum buildings, tiie sum of sixteen thousand three hundred and fifty-cight dollars and seventeen cents, and to refund the amount advanced for putting in three new boilers, twenty-eight feet long and eight in diameter, for heating the buildings and for transporting and setting •boiuoriginaL Chap. 323.] NINETY-SEVENTH SESSION. 893 the same, the sam of twelve thousand six hundred and forty-five dollars aad seventy-five cents, and for three inclosed verandahs for day rooms for hospital building for women, the sum of three thousand dollars, and for fencing, two thousand dollars. For the supjwrt and instruction of thirty-four pupils at Le Couteulx Snpport, St. Mary's Institution for the improved instruction of deaf mutes, at piigV^i^' fiu&lo, pursuant to the provisions of chapter six hundred and seventy contenix of the laws of eighteen hundred and seventy-two, and sections nine ani ingut^ * ten of title one of chapter five hundred and fifty-five of the laws of gtro/Son^ eisfhteen hundred and sixty-four, the sum of ten thousand and two hun- of deaf dred dollars, to be paid by the Comptroller, upon the certificate, under ^'^*^' oath of the president and secretary of said institution, approved by the Superintendent of Public Instruction, and this sum is in fiill of all demands upon the State, in behalf of said institution, to the first day of October, eighteen hundred and seventy-four. For the New York State Inebriate Asylum, at Binghamton, for sal- state ine- aries and allowances of the officers thereof, from July first, eighteen ^yi^^i at hondred and seventy-three, to October first, eighteen hundred and Bingham- seventy.four, pursuant to chapter six hundred and twenty-five of the **"** laws of eighteen hundred and seventy-three, the sum of seven thousand five hundred dollars, and for the actual and necessary traveling and other expenses of the managers thereof, the further sum of seven haodred and fifty dollare, or so much thereof as may be necessary, and for additional boiler, one thousand four hundred dollars; for repairing water-pipes and traps, eight hundred dollars ; for setting boiler, three hnndred dollars ; for completion of sewer, one thousand one hundred dollars ; for repairs of laundry and cisterns, nine hundred dollars ; for additional stabling, eiffht hundred dollars ; for repairs of buildings, one thousand seven hundred dollars ; for completion of room for sick, one thousand two hundred dollars ; for increase of water for file purposes, one thousand eight hundred dollars. For the State Reformatory, at Elmira, the sum of three hundred state Re- thousand dollars, provided the plans of the building be so changed sua Jj EimirZ to render such sum suffident to complete the center building and the Boath wing, so as to receive convicts; such changes of plans t.o be approved of and certified by the Governor and Comptroller. Before any portion of said appropriation is paid, and after said plans have been so approved and certified, they shall not be altered, except upon the approval, in writing, of the said Governor and Comptroller. For the Bufblo State Asylum for the Insane, to be expended only for Bnfliaio the completion of the buildings already commenced, the sum of one hJSJfbt*^' handred and fifty thousand dollars. ineaue. For the Hudson River State Hospital for the Insane, for the erec- Hncteon tiou of the fourth block thereof, the sum of one hundred and forty ^ate^Hoa- thousand dollars, the basement of which is now constructed ; and no pitai. portion of this appropriation shall be used for any other purpose than as herein stated. For the State Homoeopathic Asylum for the Insane, at Middletown, state to finish the new pavilion building now in process of construction as ^auSc^ per contract, including plumbing, seventy thousand one hundred and *^*^j}|™i^. forty-one dollars ; for fencing, gmding and farm stock, seven thousand 8»iie.' five hundred dollars ; for building a dead-house and an ice-hojise, two tfaoosand dollars ; for furniture and fixtures for new building, fifteen thousand dollars ; for supplies and provisions for maintenance of patients, and for payment of employees other than officers, until returns 26 fix salar- ies. 894 LAWS OF NEW YORK. [Chap. 323. for the support of patients are reoeivedy two thousand five hundred dollars ; for medical stores and medical apparatus, two thousand five hundred dollars ; for the purchase of real estate, six thousand five hundred dollars ; for salaries of medical superintendent, assistant physician, steward and matron, and other officers, five thousand dollats ; and no portion of this appropriation shall be used for any other pur- pose than as herein stated. Board to And the said board shall from time to time fix the salaries of the superintending physicians, assistant physidans and officers. But the annual salaries of the superintendent, assistant physician, treasurer, steward and matron, shall be approved by the Governor, Secietaiy of State and Comptroller ; provided such salaries shall not exceed in the aggregate ei^ht thousand dollars for any one year. Thomas For the Tnomas Asylum for Orphan and Destitute Indian Chiklren, ABviam. fQj, ^Y^Q education and maintenance of one hundred children, at the rate of eighty-five dollars per capita, the sum of eight thousand five hundred dollw. For enlarging and fitting up the buildings of the Thomas Asylum for the orphan and destitute children, and ealB, the Sapieme and Superior Courts, four hundred dollars. For the purchase of law books (such as are furnished by the State to new towns), for the town of Avon, in the county of Livingston, one haudred dollars, and for the town of Friendship, in the county of Allegany, one hundred dollars, to replace those which have been destroyed by fire. For the Board of Commissioners of Quarantine, for the care and main- Board of teoauoe of the quarantine establishment and defraying the necessary ^jonera of expenses of said board in the discharge of duties imposed^ upon it by ^aaitm- law,the sum of fifty-five thousand dollars, and said commissioners shall '"*®' also pay therefrom the running expenses of a steamboat for boarding veasels and the expenses of transporting the sick and burying the dead. For the Health Officer of the port of New York, the sum of fou^ Health ioiwand dollars, or so much thereof as may be necessary to pay the ^^^poi? of Kmces of not exceeding four policemen at quarantine, on the aver^ IJew age, during the year eighteen hundred and seventy-four ; such police- ^^ ' men may be appointed and dismissed by him at pleasure ; and they ^11 perform patrol and i)olice duty under his direction in connec- to with the quarantine establishment and upon the waters of the bijof New York; and they shall possess all the powers X)os8e68ed bj polioemen in the cities of New York and Brooklyn ; and any person arrested by either of said polioemen for violating any law or regulation lel&ting to quarantine, in said port, may be taken by him before any court of criminal jurisdiction, or any magistrate or x>oUce justice withm the county of Richmond, and thereupon the court, magistrate or polioe justice before whom such offender shall be brotight, shall bare junsdiction to hear, try and punish the offender for the offense committed by him, in the same manner and with the like effect as if the same haa been committed within the limits over which such court, n>^9trate or police justice has jurisdiction to punish for offenses wer existing laws ; and for fencing the State prox)erty at Seguine Point, and for repairing and keeping in order the burial place of the qoaiantine dead, the sum of one thousand dollars, or so much thereof as 10^ be n^Hsessary ; and for the completion of the boarding station at ^ton, 8taten Island, in addition to the appropriation therefor made by chapter seven hundred and sixty of the laws of eighteen hundred and seventy-three, the further sum of fifteen thousand dolors, or so lUDch thereof as may be necessary, to be expended under the diction and with the approval of the Grovernor, Comptroller of the State, health officer of the x>ort of New York and the commissioners of quarantine. Whenever it shall be made satisfactorily to appear to the Comptrol- Saratoga ler of the State that the Saratoga Monument As^dation baa fixed and ^ent As- determined upon a plan for a monument to be erected at Schuylerville, sooiation. &ratoga county, in commemoration of the battle of Sarat(>ra, and that it.will not cost to exceed fiye hundred thousand, nor less thto two bun- 398 LAWS OF NEW YORK. [Chap. 883. dred thoueand dolIarB, to erect and complete sach monument npon such plan, and that the association has received and paid oyer to the treas- urer fW)m xnrivate subscriptions and donations made by the United States, or State Govemments of States, at least a sufBcient sum with the amount hereby specified to complete said monument ux)on such plans, then the State of New York will pay, and contribute by appropriation of the public moneys the sum of fifty thousand dollars to aid in the construc- tion of such monument, and the fedth of the State is hereby pledged to such purpose upon such conditions. The plans and estimate of the cost of said monument aforesaid shall be submitted to, and be approved by the Gk>vemor and Comptroller of this State, and the Comptroller of this State is hereby made the treasurer of said monument association. The plan so fixed and adopted as aforesaid shall not thereafter be ' changed without the consent of the Governor and Comptroller, nor so aa to increase the cost of said monument, state pru- For the State prison at Sin^ Sing, for the support of the quarry and Sing * ^™® works, to bie paid from the moneys received from the income of said works, seven thousand dollars per mouth, and all receipts from said quarry and lime works shall be reported monthly to the Comp- troller, and the moneys derived therefrom shall be paid monthly into the treasury of the State ; for deficiency of appropriation to put up new iron galleries, the sum of three thousand seven hundred and sixteen dollars and sixty-six cents ; for the erection of a new shop for laundry tQ enable inspectors to let the services of four hundred additional con- victs, the sum of twelve thousand dollars ; for rexjairsfor docks, the sum of three thousand dollars ; for alterations of cells at female prison, the sum of three thousand dollars ; and for the prison library, testaments and hymn books, the sum of seven hundred dollars, state prig- For the State prison at Auburn, for stone coping and iron railing for barn ^" prison wall, the sum of six thousand dollars; for replacing the wooden ""' bunks in the north wing with iron ones, the sum of five thousand dol- lars ; for completing boiler-house, and for heating pipe for keex)er'8hall, officers' and agent's dwelling, and additional pijxes in the north wing, the sum of twenty-five hundred dollars ; for deficiency in appropriation for completing contract for iron doors and casements for north wing, the sum of ttiree thousand six hundred and eighty-seven dollars and forty- Priflon u- eight couts ; for the prison library, testaments and hymn books, the sum ^^»^' of eight hundred dollars, and for assessment by the city of Auburn for stoning Wall street, the sum of three hundred and three dollars and twenty-four cents. Insane For the Insane Asylum for convicts at Auburn, for finishing the Jjy^^i^jJ^'' new wing, heating apparatus, pipes, boilers, flooring, locks, doors, at An- bath-tubs, gas and water pipes, fire-proof stairway and labor, the sum burn. ^^ sixteen thousand seven hundred and sixty dollars, or so much thereof as may be necessary ; for books and periodicals for patients, the sum of one hundred dollars ; for ice-house, the sum of six hundred dollars ; and for assessment by the city of Auburn, for stoning street, the sum of one hundred and forty-four dollars and thirty-four cents. Clinton For the Clinton State Prison, for new plank-roads, the sum of three stete priB- thousand dollars ; for wrought-iron grates for windows for lower Btoty of prison, in place of the present cast-iron ones, the sum of one thou- sand dollars ; for fire engine and hose, the sum of fifteen hundred dol- lars ; for prison library, testaments and hymn books, the sum of tlvee hundred oollars ; and for .Stephen Moffitt, as superintendent of iron manufacturing department, the sum of two thousand dollars ; and no part of the al^ve amounts appn^riated for either of the State prisons (iiAP.3»8.] NINETY-SEVENTH SESSION. 899 and insane asylam for oonvictB, shall be used for any other purpoee than that named in this act ?Gi Thorn and Watson for the balance due them for ore sold and Thorn a delivered to the Clinton State Prison authorities in eighteen hundred ^^^^* and flixty-five, eighteen hundred and sixty-six, eighteen hundred and »oid. sbtty-seven, eighteen hundred and sixty-eight and eighteen hundred and sixty-idne, including interest, of sum of thirty-six hundred and aeFenty-five dollars or so much thereof as the Comptroller shall ascer- tain to be due to Thorn and Watson for said ore, the same being a re- appropriation made for the same purpose in the year eighteen hundred and seventy-two. For the Inspectors of State Prisons, for fjravelin^ expenses, in addi- innwctozs tion to the amount provided by law, the sum of eight hundred dollaors p(^^ each, for the current fiscal year. For James Hasson, for services in aiding in the discipline at Sing Jftmes Sn^ prison, the sum of six hundred dollars. Haaeon. V(xt James MoGfowan, for services in aiding in the discipline at Clin- Jamos ton prison, the sum of four hundred dollars. im!^**^' For the Prison Association of New York, to maintain the system of Prison Aa- midanoe, employment and aid of discharged prisoners as now estab- ">«**<*<>»• uahed, the sum of eight thousand dollars. For the support and maintenance of the State prisons for the residue state pria- of the current iiscal year, including the expenses of manu&ctiuring at g"J»^rt of the Clinton prison, the sum of thirty thousand dollars, and from this J®*^"** ^^ appvopriation the inspectors, with the approval of the Comptroller, are ^ ^®"' aothorized to make the necessary improvements in the manufacturing department in the Clinton prison. For reimbursing the county of Onondaga, in full for the balance due Beimbnn- for maintaining State prisoners confined in the penitentiary at dagi?''^"' STiacuse, up to the thirtieth day of September, eighteen hundred and coonty for aeventy-^ree, in pursuance of chapter one hundr^ and fifty-eight ofiS^staS" the laws of eighteen hundred and fifty-six, at the rate of one dollar priBOJierB. and fifty cents per week, the sum of seven thousand and eighty-five doUajs and twenty-one cents, to be x)aid to the superintendent of said penitentiary to be accounted for by him in such manner as he is lequired to account for* other county funds. The Inspectors of State inmeton piisons are hereby authorized, with the approval of the Comptroller, to Jj^jj isettle and adjust a claim of the State a^nst Andrew Williams for iron aathor- 8old to said Williams by the agent and warden of Clinton prison, and ^tuewith to allow, as an offset against such claim, the claim of said Williams ^'{j^''®^ against ^e State, or so much thereof as shall be found to be just and ^°^' legal, for logs had by the State from lots fifty-six and fifty-seven, in tte gore between Dureville Patent and the Old Military Tract, and to receive the balance remaining due to the State, in full settlement of the firsUnamed claim. For the purchase of ten repeating rifles for the use of the guard of Bines A>r Sng Sing prison, four hundred dollars, or so much thereof as may be JJ* Jj^j necessary, ta be purchased by the Chief of Ordnance of the State of sing sing New York. p'^"- For the canal fund, for the x)ftyment of the balance of interest due on canai deferred payments of the State tax levied for canal purposes in the ^^^ yeam eighteen hundred and seventy and eighteen hundred and seventy- one, the Bom of seventeen thousand eight hundred and thirty-eight dol- hiro and thirteen cents. The sum of one million dollars is hereby appropriated toward the xew cap- election of the new Capitol, which shall be paid by the Treasurer upon ^^^- 400 LAWS OF NEW YORK^ [Chap. 323. the warrant of the Comptroller to such persons or oommissioners as are authorized by law to receive and expend the same, and to be paid as the same shall be required from time to time for materials and labor used and employed in the building of the new capitol. New Cap- The New Capitol Commissioners shall within thirty days from the mte8?oner9 P^ssage of this act, nominate and by and with the consent and approval to appoint of the Grovemor, appoint a Superintendent who shall be a person of tendSS". large experience, and who shall have charge of the wort of finishing the new capitol, the employment of the labor and the purchasing of all the materials therefor. The term of office of the present Sui)ennteud- ent shall terminate upon the appointment of his successor and withiu Governor thirty days from the passage of this act. The Governor upon specific movecom- charges made and upon notice to any such commissioner, or superin- miasioner tendcut, may remove any such commissioner, or said superintendent fntSnSent, ^^ cause, after hearing and an opjwrtunity given to answer such Ac, ' charges by such commissioner or superintendent, and may in case of the removal of any such commissioner, appoint a person in his place who shall hold his office until the. first day of May thereafter, unless the vacancy shall be sooner filled by appointment by the Governor, by and with the advice and consent of the Senate. In case of the removal of the Superintendent, the said New Capitol Commissioners shall, in the same manner and with the like consent and approval of the Governor Salary of appoint his successor. The salary of said Superintendent shall be ten tend^nt^ thousand dollars per year. The New Capitol Commissioners are hereby directed forthwith to erect between the new Capitol building and Gon- Waii to be gress Hall, a blank brick wall of sufficient length, thickness and height erected. ^ protect the new Capitol from injury by fire, in case the Congress Hall building shall burn. Governor The Governor is hereby authorized to appoint two Superintending eapenn?*^* Builders to take charge of the following buildings in process of con- toiKiing struction, namely : The Buffalo State Allium for the Insane, the State boiiders. Reformatory at Elmira, the Hudson Kiver State Hospital for the Insane at Pou^hkeepsie, and the State HomiBopathic Asylum for the Imsane at Middletown, to superintend the construction and completion iku&reoL Their dn- The persous 'appointed under this provision shall be vested, so far as ere*lo7" ^® construction of said buildings is concerned, with all the duties, powers and responsibilities heretofore imposed or conferred upon the oommissioners, or managers heretofore appointed to take cfaiu^ of such buildings respectively, which said commissioners and managers are hereby superseded as to the powers and duties herein referred to. And the Governor may assign either of said superintending builders Pnrchas- to the sole charge of any of said buildings. The purchasing of the tefiais,&o' niaterials and all things coimected with the erection of the said build. ' ings shall be done by contract, and all contracts shall be awarded to the lowest responsible bidder, after being advertised as is now required by law for the advertising and letting of State work on the canals ; and the Governor shall have power to remove either of said Superin. tending Builders at any time, and appoint another in his place. The Salary. Salary of each of said Superintendii^ Builders shall be eight thousand dollars -per year, and he shall give his whole time and exdusive atten- tion to the mscharge of the duties of such office, and shall not have any interest in any contract in connection with the construction of said buildings or in the furnishing of any materials or labor therefor* CtaAP.823.J NINETY-SEVENTH SESSION. 401 FATABLS FROM TfiB RBPAIR TRUfiT PUKD. • The sum of nineteen hundred and eighty-eight dollars and thirty- interest six cents is hereby appropriated from the repair trust fund, to be jmid eatel"/^' on the warrant of the Auditor, to pay interest due on certificates of ^*f jy^^^j deposit, pledged to secure the performance of contracts for the ordinary Ji. *® ' repairs of the canals ; and the surplus of said fund, after paying said interest, being the sum of two thousand one hundred and thii-teen dol- hrs and twenty-two cents, shall be transferred to the fund of the Erie and Champlain canals. PAYABLE FROM THE FREE SCHOOL FUND. For additional contingent fund for the Department of Public Instnic- Deiin tbn to pay equitable allowances to delinquent school districts, one ^^if^^i^ii^. thonsand dollaia ^'^cts. For the Department of Public Instruction, for traveling exjienses, Depart- wluoh may be incurred in the visitation of common schools, normal ^^Suc^in- fldioola, teachers institutes, Indian schools, and other institutions under stniction. the supervision of that de^^urtment, pursuant to x)art one, chapter fifteen, [fn/ex-^^* title twO| section eleven of the Revised Statutes, and chapter five hun- penses. died and fifiy.five, title one, section thirteen of the laws of eighteen hundred and sixty-four, five hundred dollars. PAYABLE FROM THE CANAL FUND. For the general fund, from the surplus revenues of the canals, for the General eonent fiscal year, the sum of two hundred thousand dollars, in pur. ^'^^' aoanoe of section three of article seven of the Constitution, the same being a transfer of said sum of two hundred thousand dollars from the GUial fund to the general fund. For the Auditor, to make his salary equal to that of last year, the Auditor, smn of fifteen hundred dollars. for salary. For deficiency in the appropriation for salaries, traveling expenses canai and derk hire, of the Canal Commissioners, for the fiscal year ending li^f^ September thirtieth, eighteen hundred and seventy-four, the sum of deflcien- two thonsand eight hundred and forty dollars. ^^' Far John D. Fay, late Canal Commissioner, for his oomx)ensation in john u. * maldng his final report and expenses of clerical assistant, after the ^'«3^- expiiEtion ot his term of office, the sum of three hundred dollars. For the payment of fees of counsel and witnesses on the part of the For pay- State, in trials before the Canal Appraisers, and Canal Board, and ^omisef Board of Canal Commissioners, the simi of seven thousand dollars, fee8,^c., Budi oouBsel fees and fees of witnesses on the part of the State on trial before bdbre the Canal Board, oar board of Canal Commissioners to be audited ^^^^ by the Canal Board and paid on the warrant of the Auditor of the Canal &c. ' Department. The fees of said witnesses on trial before the Canal Appiaisers shall be paid on a oertificate of the Canal Appraisers. And one thonsand dollars of the above sum shall be set apart by the Auditor and reserved for the iiayment of such witnesses' fees in trials before »id board of Canal Appraisers. No money hereby appropriated for payment of printing bills shall be Comptr«i. paid until the items of each bill have been audited by the Comptroller, }? Mintl^ and the work shall have been done pursuant to some proper and legal biiJB. authority^and if the work is not included within a contract, shall be paid for only at prices usually paid by the State for similar services. The Comptroller shall not pay out anything under the provisions of Comptroi- this act to or for the benefit of any asylum or reformatory, for the pur- p^ye***" 402 LAWS OF NEW YORK. [Chap. 328. plans, Ac., pose of erecting new buildings, or making other permanent improve. puying to iiients, unless the plans thereof and estimates therefor shall be first ^yioins. presented to and approved by him in writing ; and in determining erectiuff whether he will approve such plans for the expenditure of the appro- SSS^Ac P^^^i^^ i^ ^^^ chapter provided for said asylums and reformatories, ' ^' he shall require that they shall provide for plain, substantial work, that will involve the least possible expense consistent with proper provisions for the treatment, comfort, protection and safe-keeping of the inmates of such asylums and reformatories, and with a view of secuiing tixe most careful and economical expenditure of all moneys devoted to asylums or reformatories by this act ; which said plans, after they shall have been thus approved by the Comptroller, shall not be altered without such alterations being first approved, in writing, by said Ck)mi). troller. Comptroi- The Comptroller is authorized at all times to visit any of said asylums i5Jit"iir. or reformatories, and any part of them he may desire, and whenever he laim. Ac, shall desire he shall be allowed to examine fuid take abstract or copies ine ac5*°* of any or all papers, accounts or books of account of any such asylum or coante, reformatory, in whosesoever hands they may be, and he shall have XK)wer to subpoena to attend before him any witness that he may think Kav ex. proper to examine as to the affairs of any of said asylums and reforma- w?tne^8de8. tories, and for such purpose is authorized to admiidster oaths to and examine such witnesses ; and if the Comptroller shall, from other ofiicial May ap- engagements, be unable to make such visitation or examination, he shall aminer!^" appoint, in MHritiug, an examiner for that purpose, who shall be vested with all the power and authority of visitation or examination as to the asylum or asylums or reformatories that the said appointment shall Bxamfn. Specify, as are hereby conferred upon the Comptroller; and such port? ^ examiner shall, in all cases, report to the Comptroller, in writing, what proceedings he has taken, what facts he has collected, the testimony he CoRiptro]- has taken, and his opinion thereon. Whenever it shall, by the exajni- wfthiioid lotion herein provided for, or otherwise, be made to appear to the nnpaid Comptroller that any of the moneys by this act appropriated for the ancea. ^j^Qg^i^ ^f ^^^y. asylum or reformatory is not being properly and economically used, he shall be authorized to withhold from such asylum or reformatory any unpaid balance of the sum for such asylum or reformatory in this act specified. Expenses, The expenses of visitation and examination herein authorized shall How paid, y^ pj^^ Yfy the Comptroller out of the moneys by this act appropriated Report to to the institution so visited and examined ; and the Comptroller shall lare.^^' report to the Legislature, in detail, all proceedings had and information collected as to said asylums and reformatories, under the provisions hereof, with such other information as he can give, and such reoom- mendation as he shall think proper ^ to make, that will tend to improve and economize the management of such asylums and reformatories. Treasnrcr The Treasurer shall dexx)sit all moneys, except canal tolls and duties moneys!^^ On Salt, that shall come to his hands on account of this State, within three days after receiving the same, in such bank or banks in the city of Albany, or in the city of New York, as in the opinion of the Comp* troller and Treasurer shall be secure, and pay the highest late of interest to the State for such deposit. ^ 8. This act shall take effect immediately. Chap. 324.] NINETY-SEVENTH SESSION. 408 Chap. 334. AN ACT relative to moneyed corporations, other than banks, institutions for savings, and insurance companies. Passed May 5, 1814. The People cf the 8tate of New York^ represented in Senate and Assembly, do enact as foUows : Section 1. Every trust, loan, mortgage security, guaranty or indem- Tmgt. nity company or association, and every corporation or association comp^;' having the power and receiving money on deposit, existing or incorpo- *e8 to make an- rated under any law of this State, or any corporation or association not Remi incorporated under the laws of this State, which receive deposits of 2°*/ tJea- money, or assume obligations in this State (other than banks, institu- porintend- tions for savings and insurance companies), shall semi-annually make a BanWng full report in writing of the affairs and conditions of such corporation. Depart- at the close of business, on the last business days of June and December ™®'*** in each year, to the Superintendent of the Banking Department, veri- fied by oath, in such form and by such officers of the said corporation as the said Superintendent may designate, which report shall be in To be in place of any report which any such corporation may now be required feJSrt^to to make to the Supreme Court, the Comptroller, or otherwise. Every supreme sach report shall be made within twenty days after the day to which it relates, and shall be in such form, and contain such statements, when to returns and information, as to the affairs, business, condition and andwhat resources of such corporation, as the said Superintendent may from to con- time to time prescribe or require. And the said Superintendent may, ^"* if he be of opinion that it is desirable, require that a like report, either Snperin- wholly or in part, as to the particulars aforesaid, be made to him at mny re-* any time, by any such corporation aforesaid, within such period as he qni«^ »*©• may designate. any'timc. \ 2. The ssttd Superintendent may at any time, if he deem it to be snperin- expedient, cause any such statement, or any statement or report which may m>- may be made to him under the provisions of this act, or any 'pCLTi or Wsh re- any abstract thereof, to be published in the State paper for at least ^'^' three times, the expense of which shall be paid by the corporation to whose affairs such report may relate. § 3. It shall be the duty of the said Superintendent yearly, either snperin- personally or by some competent i)erson or persons, to be appointed v°eit anV^ by him, to visit and examine every corporation required by this act to ®J^"**"® report as aforesaid. The said Superintendent and every such exam- porationa. inw shall have power to administer an oath to any person whose testi- Maj; ad- mony may be required on any such examination, and to compel the "aJiS.**' app^ranoe and attendance of any such person for the purpose of such May com- examination, by summons, subpoena or attachment, in the manner now Sfnawice attthorized in respect to the attendance of persons as witnesses in the of wit- courts of record of this State ; and all books and papers which it may "^®*- be deemed necessary to examine by the Superintendent or the exami- Books, ner or examiners so appointed shall be proddced, and their production pSiinc^. may be compelled in the like manner. The expense of every such ex- Expenses, amination shall be paid by the corporation examined to such amount as the Sax)erintendent shall determine. Whenever such examination shall No charge be made by the Superintendent personally, or by one or more of the tnafex-*^" regular clerks in his department, no charge shall be made on such pouBes. examination, bat for necessary traveling ana other actual expenses. 4:04: LAWS OF NEW YORK. [C^LAP. 324. What in- qniry to DO made. Saperin- tendent may order the (liB- coQtltm- ance of il- legal or unsafe practicefl, To report facts to Attorney* General. Corpora- tion ro- ceivinff deposits 111 tmst to a:»iifp stocks to S'lperln- tendent. Amonnt thereofl How reg- istered. How to be held. Interest thereon. Deposit may be of bonds and mort- If foreign C'lrpora- tion does not make deposit, fiitcttobe ^ 4 On every such examinatioB inquiry shall be made as to the condi- tion and resources of the corporation generally, the mode of conducting and managing its a&irs, the action of its directors or trustees, the investment of its funds, the safety and prudence of its management, the security afforded to those by whom its en^fagements are held, and whether the requirements of its charter and ol law have been complied with in the administration of its affairs. ^ 5. If it shall appear to the said Superintendent, from any examina- tion made by him, or from the report of any examination made to him, that any corporation has committed a violation of its charter or of law, or is conducting business in an unsafe or unauthorized manner, he shall, by an order under his hand and seal of office, addressed to such corpora- tion, direct the discontinuance of such illegal or unsafe pi^actices, and conformity with the requirements of its charter and of law, and with safety and security in its transactions, and whenever any corporation shall refuse or neglect to make such repbrt as is hereinbefore required, or to comply with any such order as aforesaid ; or whenever it shall appear to the Superintendent that it is unsafe or inexpedient for any corporation to continue to transact business, he shall communicate the facte to the Attorney-General, who shall thereupon be authorized to institute such proceedings against any such corporations as are now or may hereafter be provided for by laws in the case of insolvent corpora- tions, or such other proceedings as the nature of the case may require. § 6. Every corporation, whether chartered by this State, or any other State or country, ^nga^ed in receiving deposits of money in trust in this State, and required to make a report as to its affairs under this act, in case it shall not have already done so, shall within six mouths from the passage of this act, and from time to time thereafter, if need be, transfer and assign to the said Superintendent registered public stocks of the United States, or of the State of New York, or of any incorporated city of this State authorized by the Legislature, to the amount in value (and to be at all times so maintained by said corporation) of ien per cent, on the paid-up capital stock of said corporation, now or at uy time here- after, but not less in any case than tifty thousand dollars, which stocks must be registered in the name of the said Superintendent officially, a^ held in trust under and pursuant to this act, and the same shall be held by the said Superintendent in trust, as security for the depositors with, and creditors of, said corporation, and subject to sale and transfer, and to the disposal of the proceeds by the said Superintendent, only on the order of any court of competent jurisdiction, and until the order of such court authorizing such sale, or transfer, or otherwise, to the contrary, the said Superintendent shall pay over to such corxx)ration the interest which may be received on the said securities, or he may authorize the said corporation to collect and receive the same for its own benefit. Should any company at any time have deposited with the Super, intendent more &an the amount hereby required, such excess may be refunded. With the approval of the Superintendent such deposit may be made by any company either wholly or in part in bonds and morU gages satisfactory to the said Superintendent, on improved unincum-^ bered productive real estate in this State, worth at least twice the amount loaned thereon ; and all the provisions of this section shall apply to such deposit. 9 1. In case any corporation doing business in this State not chartered under the authority of this State shall refuse or neglect to make the deposit with the said Superintendent hereinbefore required, the fact shall be reported by the said Superintendent to the Attomey.General Chap. 825.] NINETY-SEVENTH » SESSION. 406 who shall thereupon without delay take such picceeclings as may be reported neoessary to enjoin and restrain such corporation from transacting any Siy^Sne- hnsioess in this State, and the court to which such application shall be rai. made shall be authorized to make such order or decree, and to issue such process in the premises to enforce compliance by such corporation with the provisions of this statute, or to restrain the transaction of business by such corporation in this State, as it may deem proper. \ 8. Every corporation, subject to the provisions of this act, shall be Assess. assessed by the said Superintendent to jiay its proper proportion of the SSSe.*^^* expenses of conducting the business of the banking department, as provided for by the seventh section of the act entitled " An act to o^citiize the bank department," passed April twelfth, eighteen hundred and iifty-oue, and shall be considered in all respects as embraced within the provisions of the said section. \ 9. The amount of money which any such corporation shall have on Aroonnt deposit or loan at any time shall not exceed ten times the amount of its Sl^'JSd^*^ paid-up capital and surplus, and its outstanding loans shall not at any time exceed said amount ; but any such corporation authorized to receive court de- court deposits may at any time receive on deposit and loan out any ?<****». money which may be deposited with it by any of the courts of this ytate, including the surrogates' courts, notwithstanding such limitation. \ 10. This act shall take effect immediately. Chap. 335. AN ACT to incorporate the village of Bath-on-the-Hudson, Rensselaer county, New York. Passed May 5, 1814 ; three-Hfths being present The People of the State of New Yorky repreaervted in Senate and Assembly, do enact a^ follows : Section 1. All that tract of land in the town of North Greenbush, in viiiaire the county of Rensselaer and fetate of New York, bounded as follows : |'^°"*' Beginning at a point on the east shore of the Hudson river (at low- water mark), where the north line of the town of Greenbush intersects the said river ; and running thence from said point along the said north line of aaid town of Greenbush south, flfty.nine degrees forty minutes east, about two thousand and eighty feet to the center of Quackeudary Kill ; (in thia line there are two stone monuments set in the ground, one on the west side of Broadway, and one on the. brow of the hill west of the flaid Qoackendary Eall, to indicate the direction and line) ; thence up and along the center of said Quakendary Kil], and the most westerly hnwch thereof, to a stone monument set in the ground, and which said stone monument bears south, sixteen degrees forty-five minutes west, one hundred and forty feet from a stone monument set in the ground on the north side of the Albany and Sandlake plank-road ; thence north, sixteen degrees forty-five minutes east, one hundr^-d and forty feet to said stone monument on the north side of said Albany and Sandlake plank-road ; and thence south eighty-six degrees thirty minutes west, about eleven hundred and ninety-four feet to a stone monument in the center of the gateway at the entrance to the grounds of P. 8. Forbes ; thence north twenty-one degrees twenty-five minutes east, about four hundred and six feet to a stone monument ; thence north forty depees thirty minutes west, about seventeen hundred feet to the Hudson nver ; 4=06 LAWS OF NEW YORK. [Chap. 385. thence westerly and at right angles to the shore of said Hndson river, until such line meets the chatinel of said river ; thence down and along the said channel (and which line is the westerly boundary of the county of Rensselaer), until a line drawn westerly and at right angles to the shore of said river from the place of beginning shall intersect said diaiu nel ; and thence from said point easterly to the place of beginning ; and containing, exclusive of said river, about two hundred and fifty acres, as surveyed by L. D. Eddy, and others and the courses taken as the magnetic needle now points, comprisii^ a part of the town of North Greenlmsh, in the county of Rensselaer and State of New York, to be Corpor- known and distinguished as the Village of Bath-on-the-Hudson ; and ate uaine. ^j^^ inhabitants residing in said district are herel^ declared to be a body politic and corporate by the name of the president and trustees of the Corpor- village of Bath-on-the-Hudson ; and as such shall have perpetual sue* ^/^^^' cession, and may sue and be sued, complain and defend in any court of law or equity ; may take, hold, purchase and convey real estate, as the purposes of said corporation may require ; may make and use a common seal, and alter the same at pleasure, and may exercise such other power as is or shall be conferred by law, or as shall be necessary under tiiis act, t.0 carry the powers conferred on such corporation into effect The vmajt:e of- offioers shall be a president, six trustees, clerk, street commissioner, ool- ^^"' lector, three assessors, treasurer and three inspectors of election. Ejection ^ 2. An election of the officers of the corporation shall be held on the offlcei^ second Tuesday of May in each year, at such place as the trustees shall appoint, of which six days' previous notice shall be given in writing, What in at least four public places, by the clerk of said village, and by pou^to be advertisement in any newspaper published in said village ; the x>o)l8 open. of said election shall be kept open from eight o'clock ▲. m. until sunset. Terma of ^ 3. At the election to be held on the second Tuesday of May, troatoes. eighteen hundred and seventy-four, each elector shall be entitled to vote by ballot for three trustees for one year and for three trustees for two years, and, at each subsequent election, for three trustees who shall BaUot, hold office for two years, also three inspectors of election ; his ballot orm ot offered for that purpose shall be folded and indorsed "Village ; " he ehall also be entitled to vote for a president, collector, three assessors and treasurer of the said corporation, and; at each subsequent election, for such of said village officers as shall be then to be elected, his balld; ofliaired oiS"" *f ^^^ ^^^ purpose shall be folded and indorsed " Village.** The president, prosident, oollector, assessors, clerk, treasurer and street commissioners shall hold ^^' office for one year or until their successors are elected and qualified ; the clerk and street commissioner shall be appointed annually by the board of trustees. ins^otors ^ 4 The inspectors of the first election held under this aet shall be election. A. £. Roberts, R. J. Patton, William H. Ostrander, and, at each subee. or snbse- queut election, the three inspectors receiving the greatest number of elections, votes Shall be declared the inspectors of election, and shall be the Inspectors iuspectors of all elections held by virtue of this chajrter. The persons vote*? aiSi presiding as inspectors, or a majority of them, at any election held by ^edarere- virtue of this act, shall immediately canvass the votes openly, declare d?ateiiy?^' the result, and make and subscribe a certificate of sndi canvass, e^ow- Certificate iug the whole number of votes given, the number given for each pesson maife. ftc. voted foT, and the office for which he shall have been voted for ; whidi Candidate Certificate shall be recorded in the records of said village. No inspector as iil^p^i o^ election or poll clerk shall act in such capacity when he shall be a oj w poll candidate for any office to be voted for by the electors, exeept for the office of inspector of election* ne- Chap. 325.] NDTETY-SEVENTH SESSION. 4t07 \ 5. The petson eligible and having the greatest number of votes for who to be any offioe shall be declared elected to such office. The insjiectors of eiTcted.^ ddcfcion shall canvass the ballot indorsed ** Village/' and certify the rasalty and return a copy of said certificate, to the clerk of said village ; and the trustees on the day following shall meet as a board of canvass. Board or eis and declare the result as certified by the inspectors of election as to eraTwhon Had ballot indorsed " Village." ^ »eet ^ 8. The inspectors of election presiding at any election shall, within Notice or five days after such election, notify the persons elected of their elec- be gli^en!^ taoQ ; and the derk of the board of trustees shall, within five days alter the return of the inspectors of the ballot indorsed '* Village " shall have been canvassed by the board of trustees, notify the x)er8ons elected of their election. The officers thus elected shall enter upon whon to their duties upon the first day of June. on^aues. ^ 1. Every person elected or appointed to offioe under this act, who oi&ciai diall n^leot to file the oath of office hereinafter required for five days fcfc?or^n aCber personal notice iu writing from the inspectors, in case of village sjectto offioeis, of their election or appointment, shall be deemed to have ^' deeliued the office, and his place may be filled as in case of a vacancy. ^ 8. No person shall be eligible to any office unless he shall be a EUgibii. resident and elector of the village. No person shall be eligible to the g^!^ ^'' office of trustee unless he shall be a resident and an elector of the Tillage. ^ 9. No person shall be eligible as president or trustee unless own- EUgibii. iag property liable to be assessed for the exi)enditures of the village. ISentf "*" ^ 10. All officers from whom bonds are required by the board of official tiUBtees shall severally, before they enter upon the duties of their ^**°^*- Rspecdve offices, execute and file with the village clerk a bond to the Tillage, in such a sum and with sudi sureties as the board of trustees shall approve, conditioned that they will faithfully execute the duties of their respective offices and account for and pay over all moneys leedved by them respectively. \ 11. The several officers under this act shall each, before entering Official upon their duties, take and file with the clerk the oath of office pro* ^'^^' Tided by the Constitution. ^12. All inhabitants of the village qualified to vote for member of qaaiiflca- Assembly, who have resided within the village thirty days next pre- yotSs/ ceding audi election, shall be entitled to vote for all officers to be elected, and at all elections to be held by this act, unless otherwise herein directed ; but no person shall vote upon any proposition to raise a tax tnramxropriate the same, or purchase property, unless he shall at the time be liable to be assessed for such tax. ^ 13. Any officer appointed by the board of trustees may be removed RemoTai ^ the board for misconduct, on notice to such officer, and opiK>rtunity ^^ ^^' given him to make his defense. TITLE n. SficnoN 1. The board of trustees shall meet at such times and place Meetiiiffs in the village as they shall by resolution direct. Special meetings may ti^tees.^ be called by the president, on the vrritten request of two trustees or ten ^^^'^^'Ji*"* freeholders^ at such time and place as the written notice to be served ^^^^ on the trustees i^U direct. This notice shall be served at least five hours before time of meeting. \ 2. The president, when present, shall preside at meetings of the P^^i^gJ^ board, and have a vote on all questions ; in his absence, any trus- ^ ^ 408 LAWS OF NEW YORK. [Ohap. 325. and hare tee may be appointed president for the time being. A majority of the *^*^'^®- board shall constitute a quorum for the transaction of business. Powei-8 of ^ 8. The trustees shall have the care, management and control of the trnsteea. finances and property, and custody of the records and papers and seal, To insara. belonging to the corporation; and may keep all buildings and other property of the corporation in repair, and insured against damage or To make I088 by fire. The trustees shall have power, as to acts and matters ^-i^ws, ^^^in ^jj^ corporate bounds, to make, publish, amend and rei)eal rules, ordinances and by-laws, for the following purposes : To define 1. To declare and define the duties ana manner of discharging the Ac'I*ofof- sanie, of all officers of the corporation, whose duties are not specially tx^h ^r^ prescribed by this act, and to add to the duties of those officers whose compen- duties are thus prescribed if the board of trustees deem necest?ary ; and sation. ^ fix ^jjg compensation of such officers if not fixed by this act To pre- 2. To prevent vice and immorality, preserve the public peace and J^t V ce, QY^Qj,^ ^ restrain and suppress disorderly houses and houses of ill.fame or assignation, gaming-houses and instruments and devices for gaming. To estab. 8. To establish and maintain a police force at an expense not to police^" exceed one hundred dollars per year, and prescribe their powers and force. duties ; to erect or procure and maintain a lock-up or designate a place Lock-up. for the detention of persons arrested under this act or under any by-law, rule or ordinance of the board of trustees, and to confine said persons therein. Prosti- 4. To apprehend and punish common prostitutes, vagrants and dis- graSte)*" orderly persons and persons unnecessarily congregated upon the side* «c. * walks or corners or disturbing a public assembly. To em- 5. To employ an attorney or attorneys for the transaction of any mat- p^o^yattor. ^^ squiring legal skill incnm> 6. To prevent incumbering the streets, squares, sidewalks, crosswalks, e^eeS. lBme», and alleys with any material whatever. En- 7. To prevent or regulate any encroachment or the erection of any mente.* projection from or opposite any building, in or over or upon any of the Ac., upon streets or sidewalks, and cause the same to be removed at the expense stareeto. ^^ ^^ owner or occupant of the premises, excepting stoops, area fences, and projections which shall not exceed one-twelfth of any street in aaid village. Pound 8. To establish and maintain a public pound and appoint a keeper er thereof thereof, and to regulate his compensation and fees, the same as fixed by the Revised Statutes. Bestnant 9. To restrain the running at large of cattle, sheep, horses, swine, m^^'^c. g^^^ ogau 15. To regulate and prevent the running at large of dogs in the village. Chap. 325.] NINETY.SEVENTH SESSION. 409 16. To protect trees, provide for keeping the sidewalks and gutters Trees and ftee from snow and ice, dirt and other obstructions ; and to direct and Scf ^*1 omipel the cleaning of the streets by the persons owning or occupying the premises fronting thereon. 11. To regulate swimming and bathing in the waters within and Bathinff. bounding the village. 18. To prevent immoderate driving or riding within the corporate immoder- Umits, leaving horses untied in the streets, and to authorize any officer £1,^!" to stop any one guilty of such riding or driving in the streets. 19. To regulate the time, place and manner of keeping and selling saie of meats, fish, vegetables, and other agricultural products on the Sabbath "ah* Ac. day, and the location of slaughter-houses and places, and houses for sianghtar- storing of gunpowder or other explosive material. a^?***' 20. To compel the removal and abatement of any public nuisance, Nui- and, if not done within such time as the trustees may allow, to cause »a»ces. the flame to be removed or abated at tiie expense of the village, and to declare such expense to be a lieii upon the lot on or in front of which it was, and to enforce the collection of such expense by selling the prem- ises in the manner prescribed in this act for the collection of unpaid taxes, or by action against the owner or occupant of such lot, or any other person who may maintain or control such nuisance. 21. To prohibit or regulate all exhibitions or performances for money Exhibi- or hire, or authorize the same on such terms as the trustees shall deem f^^* ^•* expedient. money. 22. To restrain and prevent hawking and peddling in the streets, HawWng excepting farmers, gardeners and all others who have a village license SSng.** for the same ; to regulate, restrain or prohibit sales by auction, and Ancdon grant licenses to auctioneers, peddlers, cartmen, express and truckmen. 8*i««.*c. 23. To regulate the use of candles, kerosene or burning materials of Lights, any kind, or lights or iires in bams and stables and other places liable ^^• to take lire. 24. To regulate and control all existing public cemeteries, and to cometer- provide for the establishment of new ones, and to prevent all inter- *^- ments within the bounds of the incorporation, except in such cemeteries. 2}. To keep the roads, avenues, street, lanes, public buildings and KoadB,av. public places of the village in good repair, order and condition ; to con- ®"°®** ^^' struct sewers, culverts and drains ; to make and repair all bridges sewera, which may -be necessary within the bounds of the village ; to regulate *®* and presmbe the width, line and grade of streets, avenues, lanes and width, sidewalks ; to pave, plank or flag roads, streets, crosswalks or side- f^^etl walks, lay out and open new roads and streets, to widen, alter and &c. change the grade or otherwise improve roads, avenues, streets, lanes and sidewalks ; to drain stagnant waters, and to raise or till up low stagnant grounds, if nuisances, at the expense of the persons benefited, and to ^»**"- regnlate the wat^-oourses, ponds and watering places in the village ; but no new road or street shall be opened and no widening, no sewer, Appiica- drain, curbstone, or flagged, brick or composition sidewalk, or changing ****" ^* owners. the grade of any street shall be done, unless on written application of the owners of a majority in feet of the property on the line of such proposed improvement. The grade of all streets shall be confirmed Grade of and a profile of said grade recorded in a book to be kept for that '»^'««*«- purpose, and no work shall be commenced on any street, lane or avenue until euch grade or profile has been confirmed and recorded ; but. Bridge, whenever a new bridge or culvert, or public building is authorized by pJ^Ji^J*®' the trustees, or t^e grMing or paving of any street, sidewalk or crosswalk bniiding. 21 410 LAWS OF NEW YORK. [Chap. 325. Proposals in any of the street?, lanes or avenues of said village, it shall be the inglof!'**' ^^^7 ^^ *^^ trustees to advertise for sealed proposals for doing said Contract work, and, in all cases, the trustees shall award such contrac:t to the aJ^^rded '^west responsible bidder, upon condition that the person or perBons to lowciit awarded the contract shall give to the trustees good and suthcient bonds, bidder, conditioned for the faithful performance of the contract according to the plans and specifications aaopted by said trustees for such work. Discharge 26. To prevent and punish any person or persons for the discharge of arms! fire-arms, rockets, gunpowder and fire-works in the roads, avenues*, «>cket8, lanes, streets and public places of the village, or in the vicinity of any building therein. fiy4aws, 21. The board of trustees shall have power to make and establish all makic^t legal by-laws, rules and ordinances necessary to cany out the purposes pnbiica^ of this act, print and pay for the same, and to enforce such by-laws, eaforcing rules and ordinances, and to pay the expenses of such enforcement out thereof, of the corporate funds. The trustees shall also have power to prescribe Peuaities. penalties for a violation thereof, not exceeding one hundred dollars (or each offense, but all such by-laws, rules and regulations, and ordinances, shall be posted in at least four public places, and by publishing in the public newspapers published in said village, ten days before they shall take effect. Improve- § 4. The trustees shall have power to compel the owners and occai- orf sid °^ pants of lands, or lots in front and adjoining which a sidewalk or street walks and is to be made or rej>aired, to make such improvements upon the side- trnsteos Walk or Street in front of said land or lot, and shall determine and peiow^ero P'^^^^® ^^® manner of doing the same, and the material to be used and^ooco^ therein, and the quality and kind of such materials ; and in case the Fots to^^ owner or ownei-s, occupant or occupants, of any such land or lot shall make. neglect or refuse to complete the said required improvements, w ithin In case of such reasooable time as shall be required by the trustees, the said trits- truatoes ^^ ^^7 cause such improvements to be made or completed, and tte mav make expense thereof may be by them assessed, together witn the expenses expen?^^ ^* Surveying and superintending, on such owner or owners so neglecting How^ col- or refusing, and be collected by warrant issued by the president ana icctod. trustees as other taxes are directed to be collected by this act ; aud in Real es- case such tax or assessment shall not be paid or collected, the trustees liesow*^ may cause such real estate to be sold as hereinafter provided, or the owneffl thereof to be sued for payment and collection of such taic aud the cost and expenses arising from non-payment, in the manner and with the effect, and subject to the provisions of this act in regard to the collection of taxes and assessments, by selling of real estate, or by action at law against the person liable. Firo de- ^ 5. Trustees are authorized and empowered to organize a flre dex>art- tnistee?*' meut, and to provide for the government and discipline of the same, to ma^; or- oonsist of oue or more engine companies, one, or more 4iook and ladder ic"'^^' companies, one or more hose companies, to appoint a sufficient number of suitable persons as members, not exceeding sixty to each engine com. pany, aud not exceeding forty to each hose and hook and ladder com- Foreman pany, with the consent of the persons appointed. A foreman and assis- ant, to'iw^ tant foreman for each company shall be diosen by the members of each cho«en. company, in the manner to be directed by the trustees, and subject to their approval and ratiiication. Excmp- ^ 6. Every member of the fire department, while such member, shall flramen ^ exempt from serving in the militia, except in cases of war, invasion fi-om miu- and insurrection, and eveary person who shall serve in such fire depart- vicof^' ment seven successive years shall thereafter be entitled to the like Chap. 825.] NEfETY^EVENTH SESSION. 411 exemption from militaiy service, and a certificate of such service, antheiiticated by the president of the village and the corporate seal, Bball be presumptive evidence before all courts and officers, civil and militarvy of such exemption. \Z Th^ chief engineer of the fire department, and, in his absence, cbief en- the senior assistant engineer, shall have the direction and control of the li^e^di^ department, subject to such regulations as shall be prescribed by the rection trustees. men? \ 8. T^e trustees may, and it shall be their duty to, take precaution. PubUc ary measures to guard the public health in times of infectious and pes- ^^^en a tilential diseases, and to provide against them when they appear in the aoties of village, by providinc^ places for the removal of persons having suchdis- regard to? eases firom the populous ipsii of the village, ana to pay the expenses incident to such removal ; and they shall have the power to remove Buch persons and they shall have the power to appoint one or more Bo.ird of health commissioners, who, with the president, shall constitute a board how "con ofhealthof the village; and such board of health shall possess theawtnted, powers conferred by, and be subject to the provisions of the act of the er^Ac. legislature of the State of New York, entitled " An act for the preser- vation of the public health," passed April tenth, eighteen hundred and fifty, and acts amendatory thereof, in addition to the powers which may be given under this act. h 9. The trustees shall have the auditing of all accounts against the Tmstees village, and no account, claim or claims shall be paid, unless allowed cialSw? by them or after judgment obtained thereon. When an account or claim shall be audited by them, the trustees auditing the same shall cause to indorse, be indorsed thereon, or annexed thereto, a certificate, signed by the SahM.** president and countersigned by the clerk of the village, of such auditing, and allowing or disallovnng the same, in which the sum allowed and the fund out of which the same is to be jrnid shall be specified. \ 10. No such account or claim shall be allowed by the trustees unless Acconnt it shall be made out in items and accompanied by the affidavit of the J^ be"*™ person claiming to have rendered the services or furnished the materi- ma^ ont als or made the disbursements therein charged, that the items of such and reri- aooount or claim are correct as to the service, material and disbursements ^®^- mentioned, that 8U(»-h service and materials were rendered and furnished and disburmnents made for the corporation, and no part of such claim has been paid ; the claimant may be examined on oath by the trustees. Claimant in relation to said claim and the items thereof. Nothing herein shall ^^unined be construed as preventing the trustees from disallowing any account or <>» oath, daim in whole or in part when so made out and verifiea, nor from ciaim requiring other or further evidence of the correctness and reasonable- ^i^\. * neas thereof. lowo^- \ 11. The president shall and must, at the last meeting in April of rresident each year, present and publish in the village newspaper, or by hand- rta?einent hills, a det^led statement of expenditures for the past year and of the of expcn- estimated ordinary expenditures of such village for the ensuing year, knSnaiiy. to meet which taxes may be lawfully raised, specifying each general item of anticipated expense ; which statement shall be signed by them,* filed with the clerk and recorded in a book to be kept for that purpose. ^ 12. The trustees are empowered to give names to the roads. Names of laiies, streets, avenues and public places in the village, and to cause the StS?**** hoiiff^ and lots on said roads, lanes, streets and avenues to be properly nmnbered. • So in original. 4:13 LAWS OF NEW YORK. [Chap. 885. Place of ^ 13. The board of trustees shall have power to provide a suitable meeting, pjg^ f^^ holding their meetiugs, and proper cases and books for the clerk to preserve the records and papers of the corporation. Trneteee § 14. The trustees shall have power to raise, by assessment and tax, Sono'y by money for the expenditures required by the iMX)VJsions of this act, and tax. the proceedings had thereunder, and may assess and collect a poll tax Poll lax. of one dollar on each male resident of the villa^ between the age of twenty-one and sixty years, which poll tax snail be kept apart as a Appiica- separate fund and be used for crosswalks in said village ; and should there be a surplus of said fund in any one year, such surplus shall be applied to the fire department fund. tlou of. TITLE HI. £x|)6iidi- Section 1. The expenditures of the village shall be denominated tnrea. ordinary expenditures and extraordinary expenditures. Ordinary, ^ 2. '^ Ordinary expenditures " shall be those necessarily incurred to i^oant. ^"T out and enforce the rules, by-laws and ordinances which the trus- tees are authorized to adopt by title two of this act, and to rive force to the powers therein conferred, not to exceed two thousand dollars in any year. Extraor- ^ 3. The trustees shall have ix)wer to raise money for an extraor- rmoin* diuary expenditure for any purpose, by assessment and tax, by siib- tun to mitting a resolution, stating the amount to be raised and the specific moneyfor, pbject for whicli, to the annual election, or a special election of the legal mitted aV ^^^^^'^ entitled to vote on such question, to be held as in this act an eieo- directed ; the trustees shall have power to appoint such special election, ^^^- designating the time and places. If the majority of the ballots cast have on them the word *' yes," then the trustees may raise the amount voted. Beaoia- ^ 4. When extraordinary expenditures shall be necessary in the judg* sp^i^ ment of the trustees, they shall have power to pass a resolution or otuectand resolutions, to be entered in the records of their proceedings, specifying amoaat. ^|^^ object and the amount required. No resolution shall express more Resoin. than one object, and the amount required for the same. If more than nnm.^^ ^® One such resolutiou is submitted at the same election, whether an anmial berod. or Special election, such resolutions shall be numbered respectively " one," " two," " three," up to the number of resolutions submitted, BaUots. and the ballots used at such election shall be as many as the resolutions submitted, and having thereon the words ^ resolution number one," or " resolution number two," or ** resolution number three," up to the number of resolutions, with the word " yes " or the word " no." Ten Ton days' days' notice of such elections, whether an annual or special election, enoh cieo. ®^^^ ^ given by the clerk, by posting notices in ten public plaoee and tion to be in the public paper of the village, stating time and place Itnd object of ^^^* election, and a copy of the resolution or resolutions. The same inspeo- Inspect, tors Shall preside at, and the same provisions apply to, such elections ^^* ^' as are provided for in this act for all village elections held after the Resoin- first election of officers of the village. If the majority of the ballots adopted^'^ <^^t; have thereon the word ''yes" for any resolution, such resolution shall be adopted. The return of the inspectors shall set forth each resolution voted on, and attach thereto a statement containing the number of ballots with ''yes," or with "no," received for such resolu- Betnms of tion. The inspectors presiding at such election shall file their retwm to^emed. ^th the village clerk immediately after the canvass. Chap. 825.] NINETY-SEVENTH SESSION. 418 TITLE IV. Section 1. It shall be the duty of the president of the board of trus- President, teea to see that the by-laws, rules and ordinances of the village and the **** dnUes. provisions of this act are enforced, and to recommend to the board such measures as he mav think necessary ; and, as the head of the police of the village, he shall maintain peace and good order, and have the power of arrest for such purix)se. If the president shall be unable to perform Board of the duties of his office; the board of trustees shall appoint one of their fp^pJfS** number to preside at their meetings, and he shall be vested with all the one of powers and perform all the duties of the president of the village, until nmnber to the president shall resume his office or the vacancy be filled according preside, to law. 4 2. The treasurer shall receive all moneys belonging to the village, Treas- and keep an accurate account of all the receipts and expenditures. All SSum^** moneys shall be drawn from the treasurer in pursuance of an order of Moneys, the board of trustees^ signed by the president or the presiding officer of Jj^ the board, and countersigned by the clerk. The books and entries of the trom treasiurer, and the order and check book of the clerk, shall be open for *™**"'y* the inspection of any elector of the village at all reasonable hours. The Books of treasurer shall exhibit to the board of trustees, at least ten days before 2fd®ciwk the annual election in each year, a full account of all the receipts and to be open expenditures after the date of the last annual report, and also the state tfon^^***^" of the treasury, which account shall be filed and recorded in the office of the clerk. The treasurer shall keep separate accounts of the money Treasurer received and paid out for " ordinary expenditures " and " extraordinary J^p^^a^ expenses,'* and poll-tax, and for what purpose paid. accounts. TITLE V. Sbction 1. All actions brought to recover any penalty or forfeiture Actions onder thk act, or under the rules, by-laws and ordinances made in [^/£^°^*t'o pOTBuance of it, shall be brought in the corporate name of said village, ^e ' and in such action it shall be lawful to declare or complain generally for corporate RhA penalties or forfeitures, stating the section of this act or rule, "g[2® ^^ by.law or ordinance, under which the penaltv or forfeiture is claimed, and bri^y setting forth the violation tiiereof for which the complaint is made. ^ 2. The first process in any suit brought by the village for a penalty First pro- under this act, or a rule, by-law or ordinance adopted by the board of gnSmons trastees, in pursuance of said act, shall be a summons or warrant. If or war- the defendant in such action has not property, personal or real, whereof ^^^' the judgment can be collect'ed, the execution shall require the defendant Body exe to M imprisoned in the jail of the county of Rensselaer for a term not <^"'^<>'*- exceeding ten days. ^ 3. The affidavit of the party publishing or posting any notices xottoes, leqinred to be published or posted by the proviaons of this act, or by JosSiJj; any rule, by-law or ordinance made in pursuance thereof, shall be deemed presumptive evidence of such posting or publishing in all courts and plaoes, and in all actions and proceedings. § 4 In actions brought by or against the village, it shall not be an jnstice or objection against the person acting as justice or juror in any such action, {||gq|ajji* that he is a resident of the village or subject to taxation therein. fled. \ 5. Any justice of the peace of the town or towns in which such vil- jnrisdio- lage shall be located shall have jurisdiction in all criminal cases that f^^^ ^f may arise within the bounds of the villa^, with the same powers, and Uie peace, subject to the duties and liabilities, as a justice of the peace in other 414= LAWS OP NEW YOEK. [Chap. 325. cases. He shall also have jurisdiction in all actions brought to leoover fines or penalties for the violation of any provision of this act, and of the rules, by-laws and ordinances of the village, or to recover any tax Proceed- Or assessment levied by the village, and his proceedings and judgments jnSg-*"^ may be reviewed in the same manner as is or shall be provided by Jaw ment8 of, in cases of judgments and proceedings of justices of ^e peace. Said viewed! justice shall receive the same fees and compensation as is pi'ovided by Fees, how law for Similar services. The fees and compensation of such justice ^^^' shall be audited and paid, and collected in the same manner as the fee3 Fines to of justices of the i)eac3 for similar services. All fines recovered by him vfuaje^ ^ i^ s^^^ ^^^ *^® violation of the provisions of this act, or the by-laws, treasurer, rules and Ordinances of the corporation, shall be paid over to the toreas- Costs. urer of the village upon their receipt bv such justice. In such last, men- tioned suits, if judgment is entered, the said justice shall award costs^ including witness fees and other legal disbursements, to the successful party, to the same amount as a justice of the peace could in civil actions or proceedings before him. Money ^ 6. Money cannot be borrowed on the credit of, nor can any debt be borrowed, Created in behalf of, said village, payable at a future time, nor can any eroept for debt or liability be incurred by said village, except for ordinary expen- expendf- ditures of the village, or for bridges, within the income of the current tares, Ac. year, for the ordinary expenses or bridge purposes applicable to such Money purpose. When the raising of any money for a special purpose, as an borrowed extraordinary expenditure, a& provided in this act, has teen voted, the ibr special amount may be borrowed, or a liability by contract for the special pur- pnrpose. ^^ j^^y. -f^ incurred, not exceeding the expense ordered, until the amount can be raised by a tax as herein provided. Assuming ^ 1. Any officer or person who shall assume to create a liability or uawmj^ appropriate any money or property of the village, contrary to the pro- or to ap- visions of this act, or shall assent thereunto, sl^ll be personally liable money'^o^ for such debt or liability to said village, for such money or property ; makes'tiie ^^^ ®^^ ^^ *^® trustees present, when sudb violation shall have been individa- committed, shall be deemed to have assented thereto, unless he shall aiuabie. expiess his dissent and request the same to be entered on the reoordti MUde- of the proceedings. Any willful violation of this section shall also be a meaner, misdemeanor. Trustee ^ 8. No member of the board of trustees shall be interested in any fiSeres^ contract or work done in any manner, direcUy or indirectly, or furnish ed, Ac. materials, to which said village shall be a party. Becord of ^ 9. The board of trustees shall cause to be kept a record of its pro. {1^®^' ceedings. All votes shall be taken by ayes and noes, when required by Votes, re< one of the trustees, and shall be entered in such record, and such record thereof. ^^^^ contain the names of the members of the board present and voting on any question, and the afiirmative and negative votes of the mernben} so voting. vagrrants, § 10. When any person complained against as a vagrant, disorderly pereons^^ person, riotous person or person keeping a disorderly house, or a house fto^iiow of ill-fame, or assignation or prostitution, under the provisiona of this act, or any rule, by-law or ordinanoe made in reference to such persons, under this act, shall be brought before an officer having jurisdiction of such matters, he shall, unless the offense complained of be indictable at common law, proceed forthwith to try and determine the complaint against said x)eraon» as pirovided by law for the offense of which such jk^enrn- persou is arrested ; or such officer may, in his discretion, adjourn the Mumft?^ hearing on cause shown, not to exceed five days, and in the meantime xnent commit the offender to the village loi^up or place of confinement or Chap. 325.] NINETY-SEVENTH SESSION. 416 ooanty jail, antil each day, unleBB such petfion shall execute a bond pending approved by the aaid oliicer, oondifioned that he or she will apx)ear on ^^^' the adjourned day, when such trial ahall be had. § 11. In case any person, having been an officer of said village, shall Penalty lefiise or neglect to deliver to his successor in office, within ten days Sg^^de". after notification and request, all moneys, books, papers, records, uver to property and effects of every description in his possession or under his iS om^' control, belonging to said village or appertaining to his office, he shall {[J>o^^5^ forfeit and pay, for the use of said village, the sum of twenty-five dollars for each and every day he shall so neglect or refuse ; and also all damages caused by such refusal or neglect, to be recovered by suit by said village. \ 12. Every ordinance, by-law, rule, resolution or proceeding of the Original board of trustees may be read and received in evidence in all courts JJ§J?^ ^' of justice, and in all places, and in all actions or proceedings, either from nances, the original record kept by the clerk of said village, or from a copy of /^.^.'^oV* Buch ordinance, by-law, rule, resolution or proceeding, certified under certified the corporate seal by the clerk, or from any printed volume containing thereof, such ordinance, by-law, rule, resolution or proceeding, with the cer- «vi<*€»ce. tifi«rte of the clerk that such volume contains a correct copy of such ordinance, by-law, rule, resolution or proceeding, and that the same was printed under authority of the board of trustees. ^ 13. The term " vagrant," as used in this act, comprises the persons vaprant, described in part one, chapter twenty, title two, section one of the ^eflueci. Revised Statutes. \ 14. All persons found intoxicated in the streets of the village, or Disorder- persons who shall be guilty of noisy, riotous or tumultuous conduct, ^efned?"^ distiwh the peace and quiet of said village, or of any meeting or assembly therein ; all persons who shall willfully give a false alarm of fire ; all persons who shall publicly use any profane, vulgar or obscene language or conduct in any street or public place in said village ; all persons who shall willfully and maliciously break, mar, injure, remove or deface any building, fence, awning, sign, signboard, tree, shrubbery or other ornamental thing in said village ; all persons who Bhall remove or pile up before any door or any sidewalk or street, boxes, casks or other things, for the purpose of annoyance or mischief, or who shall willfully tear down, destroy or mutilate any notice or hand- bill lawfully posted in said village ; all persons who shall excite or indaoe dogs to fight in any of the streets or public places in said village ; all persons who, at the time of any fire in said village, shall be guilty of any insubordination, or of any disorderly conduct, or who shall attempt to obstruct the operations of the fire department, or shall will- fully neglect or refuse to obey, or attempt to prevent or obstruct the execution of the orders of the trustees or officers of the fire department, shall be deemed, and are hereby declared to be, disorderly persons under this act, and under any rule, by-law or oidinauce adopted in pursuance thereof for the punishment of disorderly persons. ^15. Every assessment made by the persons acting as assessors of Assess, fiaid vOlage shall be and remain a lien on the lots or lands assessed, in y}f^n' the Same manner and to the same effect as town and county taxes, from t*»oy *>«• the time of filing the assessment roll, as herein directed, until paid or SS?.^ * otherwise satisfied. H6. No person shall hold at the same time more than one of theTohouino ofioes created by this attt, unless otherwise provided herein. SUlf oml^? \ n. Whenever any real estate in said village is owned by two or Notice to more persons jointly, or as tenants in common, a notice served on one fenJni or 41 6 LAWS OF NEW YORK. [Chap. 325. tennntiii of BUch pefsoiiB shall be Baffident notice to all, and for any purpose noticeto' i^^u^ng a notlce under this act ; and whenever said owners reside out all. of said village it shall be sufficient to serve such notice on the occupaut or lessee of such real estate except as herein otherwise provided. Rcsigna. ^ 18b All resignations of officers, under this act, shall be made to the tions. trustees, subject to their acceptance. (jompen- ^ 19. The president and trustees of said village shall not receive any rii^ge*^ compensation as such. The compensation of the treasurer shall not officers, exceed one hundred dollars per aumun. The compensation of the street commissioner shall not exceed three dollars per day, for actual services rendered. The compensation of the assessors shall not exceed that allowed by law to town assessors. The compensation of the derk shall not exceed two hundred dollars per annum. Th^ compensation of inspectors of election shall not exceed that allowed by law to town inspectors. The duties and compensation of the collector shall be the same as allowed by law to the town collector. TITLE VI. Assessor SECTION 1. It shall be the duty of the assessors, within thirty days wid^deny- *^' ^^7 ^^ ^® legally directed to be levied or assessed, to prepare er to trns- aud deliver to the board of trustees a tax roll and assessment of such roiL ^^ proposed tax, upon the taxable inhabitants and property in said village, Board to ftnd they shall proceed as hereinbefore provided. The board of trus- i^ear ^^ees and assessors shall form and constitute a board to hear grievances anceB. in reference to assesments, and shall hold a meeting within ten days jneeting. ^^^ ^^^ assessment is made and advertised by the clerk. Assessors ^ 2. It shall be the duty of the assessors, upon the final completion of ISsea"^^' the assessment roll, to deliver the same to the clerk of said village, and mont rou file a true copy of the same with the treasurer. It shall be the duty of to^cierk, ^^^ trustees, or a majority of them, forthwith to assign^ and attam to Trnstees such roll delivered to such clerk, a warrant to the collector for said viU wiuranL ^^^ ^^^ ^^^ ooUectiou of such tax, similar in form to the one prescribed by law for the collection of town aud county taxes. Cost of lo- ^ 3. Any sums imposed by said trustees or directed by them to be . ^^^^; raised for a specific work or improvement, except drains or sewers, meat, ex- which they shall judge and declare to be local, shall be assessed by said drafns, assessors upon or among the lots and lands upon or in front of which ^essii'^ such work shall be done or improvements made, and upon the owners np(^>t3 or occupants of said lots in said village in respect thereof ; and said adjoining, assessment shall be so made as that the lots upon or in front of which such work shall be done or improvements made, and the owners or occupants in respect thereof shall be subject thereto, and shall pay the proportion of said sum so directed to be raised, which shall be incurred or expended upon, or in front of said lots, respectively. Assess- § 4. Assessments imposed or sums directed to be raised by the trus- drains.'^^ tces for the costs and expenses of laying down, making or repairing, Ac., to be improving and opening drains and sewers, whether for general or local Soncd by puTposos, shall be laid or assessed, and distributed or proporticHied by Assessors, the assessors. Those which the trustees shall declare to be local shall Local, to be assessed by said assessors upon the lots upon or in front of which Ms^d up- ^^^ sewer or drain shall be made, laid, opened or im|Mt>ved, and the on lots ap- surface water of which shall empty into such drain or sewer, in a just front of proportion, as near as may be, to the benefits which each person so I • - - - - ..--■-- . . . - , - * So in original. Chap. 325.] NINETY-SEVENTH SESSION. 417 tszed or asseeaed, and the lot or lotB owned or oocapied by him shall sewer, Ao. be deemed to receive from such drain or aewer. The said aMeessment {foi' to^^'* shall be made as other taxes and assessments hereinbefore provided, benefits. \ 5. The clerk of said village shall attend^all meetings of the board of viuage trustees, record their proceedings^ file, preserve and keep all books and Sattei.^** papers belonging to said corporation and appertaining to hisoihoey attend to the publication of all by-laws, ordinances and notices as the trastees shall direct, and perform such other duties as the trustees may, from time to time, lawfully direct or ordain. The books and papers in Book, the office of said clerk shall, at all times, on demand, be produ<«d for proc'i^^ inspeotioB to all taxable inhabitants of said village, and, upon like lipriospeo- demand and the tender of fees at the rate of six cents per folio therefor, ^^^' he doali make and farnirii a certified copy or trans(Tipt of any papers or records filed with him as such clerk. In case of the ubsenve of the deik from any of the meetings at which he is required to officiate, his duty on such occasion shall be performed by such person as the board of trustees shall, for the time being, designate. § 6. Whenever any tax or assessment roll shall be returned by the Real es- collector to the clerk as remaining unpaid, the board of trustees shall ^{^ j-^r^^ direct the clerk of said village to advertise and sell such lot or lots [['^'™^^ against which such taxes or assessments remaining unpaid, for a term nnpni/ df time for the payment of such tAX or assessment, with interest at ^^^^^' twelve per cent, per annum, giving thirty days' notice of such sale by Notice of poetiug six notices and publishing in the village newsjia^jer, and serv- ®"^®* ing personal notice on the owner or occupant of such estate, or his agent, if a resilient of said village, or by depositing the same in the posi^ffice, directed to such owner or occupant at his place of residence or the nearest post-office thereunto, if known. Upon such sale such To bo sold property shall he sold to the perscm who shall ofifer to take the same ^^^' ^^; • for the shortest term for the payment of such tax or assessment, with interest at the rate aforesaid, and the expenses of such notice and sale. The trustees shall thereupon, on the payment thereof by such purchaser, cci-Ufi* deliver to him a certificate of sudb sale signed by the president nnd^^^^^ eounteisigned by the clerk, with the corporate seal affixed thereto. The execntion df sCich certificate may be proven or acknowledged as May be re- deeds, and be recorded in like manner and with like effect as other ^^''^^• conveyances of land. ^ 1. If the owner or occupant of such real estate or property, his heirs when or assigns, shall not, within two years after such sale, pay or tender Sja'J'tSce' to the purchaser or Ms legal representative, or to the treasurer of the \^»^&>- viila|(e,the amount so pUid by him, with interest, as hereinbefore ^^^"' mentioned, such purchaser or his legal representative may, immedi. ateiy after the expiration of two years, enter into the possession of such real estate, and hold and occupy and enjoy the sajne during the term for which it was sold ; and the said certificate, duly proved or acknowl- cenin. edged, shall be presumxrtive evidence of the right of said purchaser, evide*nce. after said two years, to receive xxissession thereof. ^ 8. It shall be the duty of the clerk, in all cases of such sale, to Bntry^ of niM:e an entry of the same in the records of said board, with the ^i^oiSs'^* desmption of the property sold, the amount for which the same was with del sold, the length of the term or time, and the name of the purchaser, ^^]v^^^' and to return a copy of said sale, and all moneys the proceeds of such Proceeds sale, except the fees of the clerk for selling, to the treasurer of the ^ \re^}^ Ullage of Bath-on-the-Hudson. urer. i 9. It shall be the duty of the assessor to complete the assessment Time for roll for all improvements ordered made by the boeuid of trustees within uon ofrou J 4=18 LAWS OF NEW YORK. [Chap. 325. and ooi. ten dayB after the completion of any work ; and the time for the ooU toxei**^^ lection of such taxes or assessmentB shall be limited to sixty days ; and the president shall not be allowed to issue his wanunt for the pay- ment of any contract for sack improvements within sixty days from the time of the completion of the work. TITLE VIL The vu. Sbction 1. A village incorporated under this act shall constitute a iiilhway Separate highway district within its corporate limits, exempt from the district superintendence of any one except the board of trustees, who shall Tnutees be commissioners of highways in and for such village, and shall have 8iou&r!fof ^^^ ^^^ powers of commissioners of highways of towns in this State, highwuys. subject to this act, and, as such, they shall have xx)wer to discontinue, Tiieir lay out, opeu, widen, alter, change the grade, or otherwise improve powers. YotyAB, avenues, streets, lanes, crosswalks and sidewalks ; and for that purpose may take and appropriate any land in said village ; but no Ko street, road, avenue, street, lane or sidewalk shall be opened or altered, unless ^encdl'^ all claims for damages on account of such ox)euing or altering diall be Ac, an- released without remuneration, except on the written x>eti§on of at a^?b? least ten freeholders residing in said village, which petition shall released, specify the improvement to be made, describe the land to be taken, petu&n^" state the owner or owners thereof, when known, and shall be filed in hoiliere. *^® office of the clerk of the village. On the presentation of such Trastees petition the trustees shall and must meet and examine the same ; and Milne pe. ^^ *^®y decide the improvement shall be made, they shall so decide by licion. resolution to be entered in the minutes of the board ; and they shall Descrip- thereupon put up, in five public places in said village, a correct iJotfce^of description of the lands to be taken to make such improvement, and hearing to a uotics that the trustees, at a place and on a day at an hour therein be posted. gpe(jified, not less than five (toys from the date and posting thereof, will meet and hear any objections that may be made to the taking of such Notice to land or making such improvement ; a copy of which notice must be npon own- Served on the owner or owners of such land at least five dajrs before o»- said meeting, unless said owner is a non.resident of such village ; in which case said notice and desiaiption must be deposited in the said village post-office, directed to said owner, at least twenty days before Person in- such meeting. Any person interested may be heard and introduce may b? testimony before the board of trustees as to the matter, on the day heard. Specified in the notice, or on such other days as the board may appoint. Tmstees After such hearing, the trustees may deny the petition, or approve pe*ition.°^ and declare by resolution, to be entered in their minutes, their orap- ' intention to make the said improvements, and proceed to obtain prove, Ac. pojagession of the lands described in the manner provided by this act Damages ^ 2. Whenever any road, avenue, street, lane or sidewalk is opened deter^^ or altered, the damages claimed by reason thereof may be determined mined by by agreement between the board of trustees and the persons claiming ^nL such damages; but in case the damages are not so determined or Jary to released, the board shall, on being notified by the preadent as in case damages, of a Special meeting or at a regular meeting, meet and cause a jury of six freeholders to be summoned to determine and award said damages. Notice or Five days* notice of the time and place of such meeting shall be given be^lfve^*^ to the Owner or owners of such lands, if residents of the village, and to owners, if not such residents, then notice shall be sent, ten days before such meeting, by mail, directed to the place of residence, if known, of each iwwTB^ ^^ of 8Brties appealing as they tics. ^U deem just. The award of the commissioners shall be signed by Award to them and be returned to the president of the village within fifteen days tnMicd to after the first meeting of the commissioners, and shall be filed with the the prcsi. 420 LAWS OP NEW YORK [Chap. 825. dentwitb' clerk. Said award Bhall be final and conclusive on all persons inter. In 15 days, gg^^ and the board of trustees may thereupon take possession of the laud and make the said alteration or improvement. On declaring the Their award the commisedoners shall each be paid by the treasurer of the saSon **" ^11*^® three dollar per day for their services, and the amount so paid how paid, shall be collected by suit if not otherwise paid, with other proper expenditures made by and for the village in and about such appeal, on the bond referred to in this section, given by the person or pensons appealing, in case the person or peisons appealing are liable to pay the Guard!- costs of Uie appeal under the provisions of this act In all cases of fantTftc"^ appeal under this section, the judge to whom the appeal is made shall, by order, appoint guardians for any infiint, lunatic or idiot interested in said proceedings. Awefisors \ 5. Whenever a final award is made for damages sustained by rea* BcSJ dain. ®^^ ^^ making such alteration or improvement, the persons acting as aiires with- assessors may, within twenty days thereafter, assess the amount of su€li af^flnaS damages upon the estates, real and personal, i»said village, and make. award, out an assessment roll of such damages, which assessment roll shall be Roll to be signed by the president and filed with the clerk and be collected in the ^'®^' same manner as the annual tax is collected, and the trustees shall, Damages within oue year from the time of such final award, pay or tender the. OTteii?**^ amount of such damage to the persons to whom the same s^all have dereci been awarded ; and in case such owner shall refuse the same or be oneyear. unknown, or a non.i*e8ident of said village, idiot or lunatic, or the rights When and interests of persons claiming the same shall be doubtful, it shall in may^^ such case be lawful for the board of trustees to pay the amount of such paid to damages to the county treasurer of the county where said lands are situ- traasorer. ated, for the benefit of such person or x)ersons as may be entitled to the same, accompanied by a statement of the facts under whidi such pay- Clerk to meut was made. The board of trustees shall cause the clerk of said Sry toere- ^^^^® ^ make an entry in the village records of the money deposited, oi. stating amount, with the names of the parties by the awfuds declared Payment to be entitled to the same. On the proper person or persons being enfitied'^ ascertained, who are entitled to receive such money, the president of how ' the village is authorized to draw an order on said county treasurer, made. countersigned by the clerk and x>ayable to the order of the person or persons entitled to such money, for the amount due such person or per- sons. The board of trustees shall x>erform the duties of commissioneni of highways without any compensation. Tnwtoee ^ 6. The board of trustees of Bath-on-thewHudson elected under this Ann acta act are hereby authorized to affirm and sanction the acts of the board of ^rnitees.^ to'iste^ acting under the decision of the courts. ProvUions \ '\* The provisious of this act are hereby substituted in the place of •absutof ' *^® provisions of law constituting the incorporation of the present vil- ed in lage of Bath-ou-the-Hudsou. Upon the election and qualifications of firmer ' the Officers of said corporation named in this act, the term of office of the iaw8. respective officers of the present village of Bath^n-tiie-Hudson shall Books, cease and be fully ended and the several persons so holing offices shall deiiVS^ deliver all books, x>apers, property and effects relating to the present to preei- village of Bath^u-the-Hudson to the president elected under this act dent. " * . CtaAP. 326.] NINETY-SEVENTH SESSION. Chap. 326. AN ACT to provide for improvements in and adjoining the first ward of Long Island City. Paused May 5, 1814 ; three-fifths being present. The People of the State of Neic York, represented in Senate and Assenibli/, ^^ enact as foUotcs : Sbction 1. The pow^^^ duties and terms of office of the oommis- Powen, mien of streets, roads, avenues and parks in Long Island City, ^erms o?^ appointed under chapter seven hundred and sixty-five of the laws of office of tbe State of New York of eighteen hundred and seventy-one, x^^^ssed sumers^of April twenty-sixth, one thousand ei^ht hundred and seventy-one, ^®®|^* ei^tled '^ An aot to provide for the laying out of streets, avenues, roads Loijg is- tad parks in Long Lsland City, as modified and amended by diapter ext^duS. eight hundred and fifty-nine of the laws of eighteen hundred and aerenty-two," passed May twenty-fifth, eighteen hundred and seventy- tiro, entitled " An act to amend an act entitled ' An act to provide for the laying out of streets, avenues, roads and x>&rks in Long Island City/ " passed April twenty-sixth, eighteen hundred and seventy-one, Me hereby extended for a period not exceeding five years, for the porpose of improving the streets and avenues in the district in and Parpoae adjoining the first ward of Long Island City, included within the follow- "'^''*''^- ing bouraaries, namely : iJommencing at a point formed by the intersection of the westerly Descrip boondary line of said city in the East river with a line drawn parallel ^ot wlui^ with Ncit avenue and one hundred feet northerly therefrom ; thence in which easterly along the said ^ne and parallel with Nott avenue as the same a^^il^e- lans until said line intersects a line drawn x)arallel with and distant one ^g^^^^ hundred feet easterly from the easterly line of Vandam street ; thence prov^ed? aoatherly parallel with and one hundred feet easterly lh>m Vandam street to the noirtherly line of Borden avenue ; thence southerly across aad on a line drawn at right angles vrith Borden avenue to a xH>int distant on said line one hundred feet southerly from the southerly line of Bosden; avenue ; thence westerly along a line parallel with and distant one hundred feet southerly from the southerly line of Borden avenue to a point distant on said line one hundred feet easterlv from ibe easterly line of Van Alst avenue ; thence southerly parallel with and one hundred feet easterly from the easterly line of Van Alst avenue to the southerly boundary line of Long Island City on Newtown creek ; thence westerly along the southerly boundary of said citv (Tn Newtown creek to the westerly boundarv of said city on the Bast river, and thence northerly along the said westerly boundary of said dty to the place of beginning, as the several streets and avenues included witbin the boundaries aforesaid are laid down and designated on the commis- oooers* map of said dty ; the said improvement district being substan- tially bounded on the west by the East river, on the noiiih by a line one hundred feet north of Nott avenue and parallel thereto, on the east by lines one hundred feet east of Vandam street and Van Alst avenue, and drawn x>arallel thereto respectively, and on the south by Newtown csreek and by a line one hundred feet south of Borden avenue and drawn parallel thereto ; and Hunter's Point avenue, Borden avenue, ^v^^^i Jackson avenue and Vernon avenue, within the limits of said improve- declared ment district, shall severally be and are hereby declined to be public ^^e«to 4=22 LAWS OP NEW YORK. [Chap. 326. tftreete of Long Island City, and as such shall fall within the provisions of this act. Commis- & 2. Said commissioners are hereby authorized, empowered and direc- ctSST*** ^^ ^ proceed with all possible dispatch to grade, sewer, pave or So.* tho macadamize, curb, gutter and flag so much of eadi street and avenue witwn the laid dowu ou the commissioners' map of said Long Island City, as is {^"afore- ^^^'^^^ within the boundaries aforesaid, including all streets and said. ^^^' parts of streets laid out over any salt marsh, but excluding Tenth street Kxoinding from West avenue to the East river, and also excluding all parts of eSSote or Streets, except Front street, laid out over lands now being below low- ports of water mark on the East river and Newtown creek ; and also to lay ^^' crosswalks at all street intersections within the same limits, and to >vaiks and bridge any water necessary to be bridged, but no grading, sewering, G^adfng. P*^*°^» macadamizing, curbing, guttering, flagging, or laying of cross- Ac. not to walks, shall be done on any street or avenue until after the title to that untfuitie portion thereof so t.o be improved shall have been acquired by, and ves- ts obtain- ted in, said city for the purposes of a street thereof, but said imjirove- ments shall be done on all such streets and avenues and parts of streets an4 avenues within said district upon such title being acquired thereto respectively, cotnmis. ^ 3. Said commissioners shall estimate, ascertain and oertify to the estimate^ board of assessors of Long Island City, the cost, charges and expenses f^to board P^^^Sf sswering, paviug, macadamizing, curbing, guttering, ofasse^- flagging, bridging and laying of crosswalks, in this act provided for, cost and including pay of surveyors, engineers, inspectors, oounse), clerks and expense of other necessary expenses in and about the making of such improvements, ing»^f ' with such certainty and particularity as said commissioners may deem necessary to enable said assessors to make a fair and equitable assess- ment of the expenses of making the improvements authorized by this Gommis- act ; and for the purpose of convenience in such certiflcation, the com- mar^snb- mtssiouers may subdivide the improvement district into sections or sub- divide im. districts in such manner and of such extent as to them may seem fit, menfdis- aud each such certificate to the board of assessors shall relate to one of ^^^^- such sections or sub-districts, and shall certify the estimated expenses of such improvements within such section or subudistrict covered l^ such ^certificate upon the property to be benefited by such improvements in such manner and form as will enable said assessors to detsrmine the estimated amount and cost of the grading, x>&ving or macadamiziDg, flagging, curbing, guttering and crosswalks, and also the proper and rabble proportion of the estimated cost of sewers and bridges, and of the incidental expenses of such improvements required for or justly chargeable to each lot within such section or sub-district. Every patt of Each snb^ the impoTovement district shall be included in one of said sections or be^acon^ sub-districts, and each section or sub-district so constituting the subject scribed £ ^^ ^^^ certificate, shall be accurately bounded and describ^, and may certifl. embmce such streets and avenues, or such portions or sections of any ^^' street or avenue as the commissioners may see fit ; and if, in the judg- Amend- ment of said board of assessors any such certificate shall not be suifi- celtifl^^ ciently definite or specific, said commissioners shall, on the written cate request of said board, alter or amend the same from time to time as Bstimated may be necessary. The estimated cost of sucb grading, pavin? tol^as-^ macadamizing, eiirbing, guttering and flagging, shall be assessed sessed. as nearly as may be upon the several lots in front of which the same shall be done ; the estimated cost of crosswalks and of the pavhig, grading, curbing, guttering and flagging street and avenue intensectiona not in front of any lot sluill be aaroapod upon the several lots in the Ceap.326.] NINETY-SEVENTH SESSION. adjoiiiiiig blocks, pro rata, aocording to the number of lineal feet of Btreet orayettue frontage of such lots respectively ; and the proper and equitable Expense proportion of the expense of all sewering and brid^ng in the said im- fn^^ana povemeut district, and also the proper and equitable proportion of all the bnoging. ioiddental expenses of making the several improvements authorized by incidental this act, shall be assessed upon the several lots, pieces or parcels of land lio^^^to be within said improvement district according to the number of lineal feet nssesAed. of street or avenue frontage of such lots, pieces or x^ftrcels respectively, aud irrespective of buildings thereon, but the area of assessment for the Area or said paving, grading, curbing, guttering and flagging of any street or ^f^^, a?enue in said improvement district in front of any lot or parcel of land uaviufr, shall extend to and embrace all the land (exclusive of streets) lying on ^ em^^'^ each side and within one hundred feet of such street or avenue. ^»a<5e. h 4 8aid assessors shall thereupon make up and sign an assessment Assessors toll in regard to and upon the property included within each one of ^^gi^ iiaid certificates so made by said commissioners in which each lot, piece a^cs«- OT parcel of land within such section, or sub-district, exclusive of the ^^^^ ^ ' fltieets, avenues and public places, shall be assessed for the payment of ita proper and equitable proportion of all the exi)ensesof said improve, ments and each such lot or parcel of land shall be distinctly described Bach lot bj such lot, ward or block numbers or other designations as may be ^^^fi^ a'o. best adapted to designate the same, together with the name of the scribed. owner of each parcel, if such name is known to or can be ascertained by Name or aud assessors, and if not known or cannot be ascertained then by the o^"®^- words '*• unknown owners," but no assessment shall be invalid by reason Error in of any error or mistake in the owner's name as set down on said assess* Jlf JJ vau* meat roll ; said assessors shall thereupon cause a copy of said assess, dntn. sient roll to be made and deposited in the office of said commissioners copy rou (which office shall be in the first ward of Long Island City) for public positefun iQiq)ectiou and examination, free of charge to any person assessed dur- commis- ing all ordinary business hours for two weeks from the date of such omce^or deposit It shall be the duty of said board of assessors to meet on P"^^g^J|J' every business day during the second^ of said two weeks at the office of Meetings said commissioners to hear, consider and determine upon all objections ^'^^f,^' to asud assessments which may be made by the owner or by any x)er- lm\ dete? 80Q otherwise interested in any parcel of land so assessed, and to correct j^cuons' audi assessments if found to be incorrect ; and notice of such deposit and cor- and of the time and place of the several meetings to hear objections and ^e»meot. correct such assessments, shall be given by publication in all the newe- papos published in said city, and in each issue of said newspapers respectively during the whole of said two weeks. At any of such meet. Appiiea- ii^ every x)er8on owning or interested in any piece or parcel of land Jv^'n^^^t^^ 80 assessed, may apply in writing to said assessors to correct said assess- correct as. menta in respect of the pieces or parcels of land owned by him, or in •e»*"»«"^- which he may be interested ; such application shall state the alleged its con- ^Tor in the assessment and the facts and circumstances on which the ^^^^' daim for the correction is based, and shall be verified by the oath or affirmation of the applieant. After hearing all objections so made to conec fittd assessments within the time aforesaid, said assessors shall correct rSS,^^ aaid assessment roll with all convenient speed, if the same shall require ooneetion, and make a corrected and final assessment roll in the same foaxi as the original roll hereinbefore prescribed. Said corrected and Concoted final aaeessmeut roll shall be certified by said assessors, or a majority of ^'i^Jd. them to be the final and corrected assessment for all improvements pro- *So In oriffinal. 424= LAWS OF NEW YORK. [Chap. 32S. To be vide 1 for by this ac^t, and shall be duly proved or acknowledged by the ackLoVir B3veial asaessora, or a majority of them certifying the same, in the mxme edged. manner and form as oonveyanoes of real estate are required by law to To be be proved or acknowledged before, being recorded, and shall be foortb. filed. ^-^g £]^ ^^ ^Yie office of the treasurer and receiver of taxes of Loii^ When as- Island City, and from and after the day of the filing of any such assesB* h^omoaa n^^nt roll in said receiver's office, such assessment shall be a lien upon Uen. each lot, piece or parcel of land within the section or sub-district covered thereby to the extent of the amount assessed on sudi lot, piece Interest, Or parcel, together with interest thereon, at and after the rate of tea STof ^^ P^^ cent per annum ; such interest to commence to run three months after the ftUng of said assessment roll, and shall run until such assess- ment, with interest thereon as aforesaid, shall be fully paid. Said Compen- assessors shall each be paid three dollars per day for the time they are aa^on. engaged in making any such assessment rolls, and the amount neoessaiv therefor, not exceeding six hundred dollars in the aggregate for eac^ assessor, for making all the assessment rolls for improvements author* ized by this act, shall be included by the commissioners as part of the incidental expenses of said improvement. Xo war- ^ 5. No warrant shall be issued or required for the collection of any eueforcoi. assessments under this act ; nor shall any warrant be issued for any locuon of sale of lands for non-payment of such assessments until ten years afteir meut.' the filing of such assessment roll ; but all lots, pieces or parcels of land When on which any assessment under this act shall remain unpaid on and be roid^^r ^^^ ^^ ^¥ ^^ ^^^ expiration of ten years after the filing of the assess, unpaid as- ment roll, affectinir the section or sub-district in which the k)t is located, shall be advertised and sold for the payment of such unpaid assessment ; Beeeiver and such Sale or sales shall be made by the receiver of taxes or other other offl^*^ officer then charged by law with the duty of selling lands in said dty charged uou-paymeut of city taxes and the proceedings for such sale, and with^hat such Sale shall be the same and on the same notice and like terms ; and ^^Q^ said lots or parcels of land so sold may be redeemed, and in dejGault of sales. such redemption title thereto shall be given and perfected in the same manner, to the same extent and with the same force and effect ; and Charjires the costs, fees, charges and expenses of sudi sale shall be the same as ^{2s^; shall then be prescribed by law for the sale of lands in said city for non-payment of dty taxes, without further action or legislation on the AppiicBr part of the common council or any other body. Should applic!ation in coart^or ^^7 foTm be made by any person to any court or officer having juzisdio- oAcer to tion thereof, to vacate, set aside or modify any assessment roll or any ISide or ^ assessment upon any lot or parcel of land assessed in any such roll, it Sessment*' *^*^* ^ competent for such court or officer, if it shall appear that any rou. error or irregularity affecting any substantial right exists in any sad^ Powers of assessment roll, or in any assessment levied therein or thereby, to eon- t e court. ^^ ^ much of Said assessment roll or assessment as shall not be Hayordor irregular and make an order specifying any errors or irregularities, and tio^r^r directing the board of assessors of Long Island City to correct such tf Long Island City at any time ; ^e^.**^ and paymients in sums of not less than twenty dollars may be made at any time on account thereof or of the accrued interest thereon, but all psyments on account shall be first applied to the discharge of the accrued interest, and the residue, if any, of such payments shall be credited on account of the principal sum of such assessments respectively. The improvement certificates hereinafter provided for shall be receiv- improve- abte at all times at par and accrued interest in payment of any assess- yfl"ater" ment under this act, and of the interest accrued thereon. All moneys receivable received by said treasurer in payment of such assessments or interest meat oV ihall be ])laced to the credit of the improvement fund, consisting of the assess- anonnts in the hands of the treasurer growing out of payments of said ^^^ Msessments, and interest, and shall be Kept separate and apart from any Moneys to other moneys in his hands, and no part of said fund shall ever be paid Jl^^-^fe Ottt by him, except for the purchase of such improvement certificates as provided in the seventh section of this act, or as is herein otherwise provided. Suitable books of account shall be kept by said treasurer Books of Aowing the date and amount of every payment made to him on each ^ be"kept lot, for cr on account of the sum assessed or of the accrued interest by treas- thCTeon, and whenever the assessment on any lot shall have been paid ^^^' in fall wit^ interest said treasurer shall enter on the assessment roll (^pofidte to and on the same line with the entry of the assessment so paid the words " paid in full," with the date of such final pa3anent, and from and after such entry such lot shall be free and discharged of and Discharge from the Keii of sudi assessment. ®' ^®'*- ^ 7. Whenever the treasurer of said city shall have not less than five when titoosind dollars in his hands to the credit of said improvement fund {J^'^vlffio. he riiall give public notice by advertisement for at least one week in all tice that the newspapers published in said city, and in each of such papers, that ceive pfo-" he will receive sealed proposals for the sale and surrender to him of P^g'^jj*^' neh improvement certificates. Such notice shall specify the amount of him of im- Bion^ in his hands applicable to the purchase of such certificates and SJ'eJt^'cer. Bhal] designate the time and place of receiving and publicly opening tiflcates. proposals. Blanks for such prox)Osals shall be furnished by the treas- Blanks to Mer on application of any party desiring to bid, on which shall be prin- ^fg^JS. ted sod) rales and regulations as he may deem necessary and prescribe for making such biddings and awards. 8uch awards shall be made to Awards to the lowest bidd» or bidders, but no bid for more than par and accrued {o^iowert interest shall be accepted, and the treasurer shall in all cases reserve bidders. the r^fht to reject any and all bids not deemed for the public interests. AUo^ficales received by him in payment of such assessments orsnrren- accrued interest Uiereon or which shall be purchased and surrendered uflr^lesuJ pownant to the t)rovi8ions of this section, shall be forthwith eflfectually ^e f-aj^- 426 LAWS OF NEW YORK. [Chap. 326. Records and permaaeiitly oanoelled and defaced, and suitable books and leoordis tobekept. g^^l] i^ j^^p^ by Said treasurer showing the number, amonnt and accrued interest of each certificate so received or purchased by him, the date of receiving or purchasing the same and the amount "pSLid or allowed therefor, which books and records shall at all reasonable baslness hours ' be open to the inspection of any perscm holding any of said certificates and of any party assessed under the provisions of this act. Gradiar, ^ 8 A.11 grading, sewering, paving, macadamizing, curbing, guttering doii'e^y flagging, bridging and setting of crosswalks, under this act, diall be contract done, and all materials requisite therefor, shall be furnished by oan- tract or contracts founded on sealed bids or proposals made in com- NoUce. pliauce with public notice by advertisement, for at least ten days, in all the newsx)apers published in Long Island City, and in two daily newspapers published in the city of New York, and two published in the city of Brooklyn, sx)ecifying the time and place Contracts for receiving and XHibliclv opening such proposals ; and such contract awarded ^' Contracts, when awarded, shall be given to the lowest responcd. to lowest ble bidder, giving adequate seciuity satisfactory to said commissioners, bidders. Yy\xt gaid commissioners shall have power to rerjecfc any bids not deemed by Blank them to be for the public interests. Blank forms for such propoeals proposals ®^*^^ ^ furnished by said commissioners on application of any party ' desiring to bid, on which shall be printed such rules and regulations as they slmll deem necessary and prescribe for the protection oi the public interests in the making and receiving of such proposals and in award. ing contracts thereunder. All provisions in regard to sewers and sewering in this act, are intended to embrace and include the necessary Coiverts, culverts, dirt catchers, receiving basins and all the appurtenances of a ^^' proper system of sewerage. Material The proposals for grading shall require the use Ibr that purpose of ing.*'*^" clean materials free from street dirt or any admixture calculated to pro- Bids to duce discomfort or disease. All bids for grading shall be required to arateiy*^' '^^^ separately the price per cubical yard of all filling to be deliver^ price per upou Jackson and Van Alst avenues, and west thereof; of all to be ^adit^*! delivered between those avenues and Dutch Kills creek and canal, and To whom of all to be delivered easterly of such creek and canal ; and the oon- shau be^ tract shall be awarded to the bidder the aggregate of whose bid for ail awarded, the grading shall be determined by the commissioners, oir a majority of them, to be the lowest, and who shall give adequate security therefor satisfactory to them. The contract for grading shall require the deliv- ery of at least three hundred thousand yards of filling each year, until ComroU- completion. Should any contractor for any labor to be done or any ^^y^^Q materials to be furnished in or about the improvements herein provided Clare con- for, fail to Comply with the provisions of his contract, the eommissioxiers oiTmirore ^^^^ li&VQ the right, in their option, to declare the contract void, and to to^^r. advertise anew for carrying out the unfinished part of the contract, and ^^^' to make a new contract, or new contracts therefor, until all the imjnore- ments shall be finished. Terms. All contracts shall contain such terms, conditions, provisioRS and ftclfof °" restrictions as shall seem desirable to the commissioners for l^e proper contracts, security, safety and advantage of the property owners in regard to the work to be done or materials to be furni^ed thereunder. Dtsore- And the said commissioners shall have full discretionary power in powerof ^^^ interest of the said property owners in the proseeation of the commis. improvements in their dealings with all contractors and in enlbraing all ' ''**'"" their rights against such contractors, to the end that the said in^nove- sloners. Chap. 326.J NINETT-SEVENTH SESSION. 437 nents diall be oarried to completion in the most speedy, advantageooB and eocmomical manner. ^ 9. In order to pay the expenses of the grading, sewering, paving, certin- maeadamizing, carbing, gattering, flagging, bridging and crossings, Sebted^'^' tothorized and provided for by this act, together with all other costs, nese. ciiarges and expenses necessary and requisite for carrying on the work and completing the several improvements hereinbefore enumerated, laid commissioners are hereby authorized, empowered and directed to issaesfirom time to time, as the work progresses, and as required by and under the contracts made by them, and for the necessary incidental expenditures of the commissioners, certificates of indebtedness, which ^eKaficates shall be known as the '' Improvement certificates in Long Island City." Such certificates shall be paid out at par to contractors To be paid for payments falling due to them upon contracts for work done or to con-^*' materials furnished, as provided for herein, and the same may be also tmcton. sold or negotiated at par by said commissioners, to obtain money for May be the pa3^ment of the incidental expenses necessary in and about the ' ranter of their duties herein, and being all expenses incurred by them other than for labor done and materials furnished under written eontzaots. Such certificates shall be signed by the commissioners How exe- or a majority of them, and countersigned by the treasurer of Long *^°^^- Island City on the written requisition of said commissioners or a majority of them, and shall dmw and bear interest at and after the interest, rate of seven per cent, per annum from the date thereof. They shall ueceiva- be receivable at all times, at ji&r and accrued interest in jjayment hl^piy?*" of any assessments laid under this act and of the accrued interest ment'of thereon and shall be payable with interest as aforesaid in the manner mente. hereinabove provided, out of any moneys which shall come into said treasurer's hands to the credit of said improvement fund. They shall ^^J*^?®* be payable to the party to or for whom they shall be issued or to bearer, *^' * ®* and they shall pass by delivery, and shall be in the form to be Their determined and approved by said commissioners, and it shall appear ^^"^' upon them that they are iasued under the provisions of this act An Accnrato accurate record shall be kept by said commissioners in a book to be be^kept^y prepared for that purpose, of all certificates issued by them, showing rommis. the mnnbers, dates and amounts of such certificates and to whom and ^"^"' for what purpose issued, respectively. And a similar record shall be kept by said treasurer of all certificates countersigned by him. No Not vfUid, mdi certificate shall be valid for any purpose until countersigned by said "onutor. treasurer ; and on receiving any of said certificates in payment of assess- &ig»ed. ments or interest, or by purchase, as hereinbefore provided, said treas- wiien mrer shall cancel such certificate, and enter in 6ei)arate columns on such to^^nc^ leoord, opposite to and on the same line with the record of its issue, Enirj to the date of its reception or purchase, the par value of such certificate, ^ ""*^®' the aocrued interest thereon up to that day, the amount of such prin. cipal and accrued interest, the rate per cent, of discount, if any, at which such certificate was received or purchased by him, the amount of aoch discount and the amotint paid or allowed for such certificate on its >eoeption or purchase, together with the name of the person or party bom whom such certificate was received or purchased, which record Record to shall at all times during reasonable business hours be oi)ened to the hfgpS^f '^ immection of all holders of such certificates and of all persons assessed i^ioi^- unoer this act The said commissioners, in making any contracts for the improve- Reserra. meiits hereinabove provided, shall reserve the right to pay the con- ^ntraoto. 4:Q& LAWS OF NEW YORK. [Chap. 326. CommiB- flkmei-s Buty re- ceive Srauts of tie. Their May ap- Hyto «onnty coait or snpreme court for appoini- men t of coramis- tra(!tor or contractors therefor by delivery of the oerUficateB hereinbefore described. ^ 10. The said commissioners shall have power to receive, in behalf of Long Isla^ ^ity, any grants of title of any streets or avenues, or parts of streets or avenues within the said improvement district for purposes of public streets, and they shall have all the same functions^ rights and powers in regard to any streets, avenues or public places powere as within the improvement district hereinabove described as are now to streets, giunted to the common council of Long Island City, by virtue of chapter two of title three of chapter four hundred and sixty^one of the laws of New York, of eighteen hundred and seventy^one, entitled " An act to revise the charter of Long Island City," and shall have power to make application to the county court of Queens county or to the Supreme Court of the State of New York, at a special term thereof to be held in Queens county, for the appointment of oommissioners of estimate and assessment to open, widen, straighten or alter any street, avenue or public place, and to forward, carry out and complete all proceedings for eitimSe^*^ such opening, widening, straightening or altering, irrespective of sec- tions one and two of said chapter two of title three of chapter four hundred and sixty-one of laws of eighteen hundred and seventy^ne, and except in cases requiring, the removal of buildings now standing, without necessity for any petition or any proceeding under said two sections, whenau ^11. Upon the completion of the sales for the non-payment of the catMtobe a^essments levied, as hereinabove provided, of the lo1» and XMiroels of paid off. land in said improvement district, after the expiration of ten years from the filing of the assessment rolls, all the certificates issued by the Excesa of Said commissioners shall be paid off, and if there be any excess to the meii?fiuid credit of said improvement fund in the hands of the treasurer, it shall StocK"** be paid into the dty treasury, in pa3rment of city taxes upon the treasory. property assessed hereunder, within said improvement district, in pro- XX)rtion to the amount assessed upon each lot or parcel of land respeo* Owners to tively, and the owner of each lot or parcel of land shall have credit hayeored. therefor upon such taxes. Commit- ^12, The said commissioners shall act as a board of commissioners, keep mi^. ^^^ ^^^^^ keep miuutes of all their meetings and proceedings, and the ntea. majority of them shall constitute a quorum for transacting businesB^ Qnorom. and the vot^e or concurrence of such majority shall be necessary for the transaction of any business and the execution of all contracts, cer- Report to tificates, and all other documents or instruments, and they shall make when^i) ^^ <>^ before the first Monday of February, in each year, a report to be made, the mayor of Long Island City of their proceedings during the year Mayor ending on the thirty-first day of December previously. The mayor of ereaie ' Long Island City may increase the number of «aid commissioners to commu ^' ^^® ^^ *^^ appointment of two other commissioners to be added to S!one!re. their number, provided such' two others be residents and owners of One most real estate within the said district, and that one of such additional en^neer. commissioners shall have a practical knowledge of dvil engineering ^nd surveying, and any such additional commissioners shall, in respect of the matters provided for in this act, but not otherwise, have the same powers and duties and be subject to the same provisions and restrictions in all respects as the other commissioners and as if they had been originally designated in the act passed May twenty-fifth^ eight.een hundred and seventy-two, entitled ^An act to amend an act entitled ^ An act to provide for the laying out of streets, avenues, roads and parks in Long Island City,' " passed AprU twenty-sixth, eighteen Their powers and dvL' ties. Chap. 326.] NINETY SEVENTH SESSION. 429 kandxed and Beyeiit7.oiie. Upon the oocaireoee of any vaeancy bj the in ca«e oc death, reagnatiou or other disability of any of said oommiasioners the rem^Dm^ lemaining commissioners shall discharge the duties hereby imposed commis. natil such vacancy is filled by the mayor of Long Island City. The la°tm tL sdd commissioners and those who shall fill any vacancies or who^J^^^^y^ flball be appointed as hereinbefore provided shall not receive any commis. compensation for the performance of any duties under this act, from sionento {he city treasury, but shall be paid out of the said improvement fund, ^mpeL!'^ namely, to the two additional commissioners, should such commis- o***^^ ^"' Btoners be appointed, one thousand dollars a year, each, to commence treat:iiry. from the date of their appointment, and to the three original commis- salaries o flioners, or such as shall be selected to fill vacancies in their number, ^ommul. the same salaries as now received by them; to commence when their sioneiB.' B&laries as city survey commissioners shall cease ; but shall be confined to the receipt of their salaries under the said act-s last above referred to during the term of their continuauec as survey commissioners under said acts or any act or acts amending or affecting the same. ^13. The treasurer of Long Island City, and his sureties, shall beLiabuitj liable on his official bonds to Long Island City, given after the passage ^Sd^Su of this act for the faithful dischai^e of the several duties imposed by sureties, dns act, and for all moneys which shall come into his hands, under and pursuant to the provisions hereof, and such liability may be enforced in the name of said city for the benefit of whom it may interest or ooncern, in the same manner and to the same extent and with the same force and effect in all respects as in the case of any city moneys which may come into his hands, or of any duty devolved by law upon said tieasurer. \ 14. 8aid commissioners are hereby empowered to authorize any commit. ooBtractor for grading, sewering or paving the streets and avenues in Lay^Mith. aid improvement custrict, to lay rails over and along any street or JJJ"*?® **JJ aveuue in the first and second wards of said dty, and to run cars ralisl^o. thereon, drawn by horses or steam or dummy engines, for the purpose ^-actors, of hauling dirt, sand or other material for such grading, sewering or paving purposes, for such limited period of time and under such rules, relations and restrictions as the said commissioners may presciibe. f 15. All grading and sewering done under the provisions of this act. Grading ahall be done in accordance wiih and conform to the grades and plans eSngf^' for sewerage established or to be established according to law by said how to be commissioners of streets, roads, avenues and i)arkB, and said commis- ^^"^' sioners may authorize the owner or occupant of any lot or lots to grade, ownen of pave, flag, curb and gutter his own front, under their supervision, and be antSor- upon the completion of such grading, paving, flagging, curbing and|z(^roposed to be kept, to sell strong and spirituous liquors and To store- wines to be drank in their houses respectively ; and to storekeepers and'drng- ^^ druggists being such residents a license to sell such liquors and wines £i8ts. in quantities less than five gallons, but not to be drank in their shops, houses, out-houses, yards or gardens ; and they shall have power to CttAP,328.] NINETYSEVENTH SESSION. 481 defcennine the sam to be paid for a lioenae hj each person applying, snm to be which aam shall be not less than thirty dollars nor more than one ban- ^enec!'' ^^' dred dollars, except in case of druggists, which shall not be less than Druggists, ten dollarSb It shall not be lawful for druggists having such license to ^^ ^ sell strong and spirituous liquor^, except upon the prescription of a praciiainff physician. ^ 3. All licenses shall be signed by the commissioners, or a majority Ucenses, of them, granting the sam^. They shall not be issued until the require- Jj^d ^* ments fixed by the board shall have been complied with. When issued imci \iheii they shall be in force unless revoked, until ten days after the third lues, ^idllo. day of May next succeeding the granting of such license. ^ 4. It shall be the duty of all courts of said county, having criminal coartsto jurisdiction, to instruct grand jurors to inquire into all oflfenses against ^I^S^q. the provisions of this act, and to prevent^ ali offenders under this act, rontoin- and also all persons who may be charged with adulterating imported 25 offina? or other intoxicating liquors with poisonous or deleterious drugs or es against mixtures, or selling tne same, or with knowingly importing or selling ^^j^f^ra- intoxicating liquors or wines adulterated with poisonous or deleterious tion of u-' drugs or mixtures, which offenses are hereby declared to be misde- 5dnS°^ meanors, to be punished by imprisonment in the county jail of said &o. county for a period not exceeding three months, or by a fine not exceed- ing one hundred dollars, or by both such fine and imprisonment, in the dieoetion of the court meanors. ^ 5. The provisions of the act entitled '*An act to suppress intemper- Act of ance and to regulate the sale of intoxicating liquors," passed April six- t^^i^^^i teenth, eighteen hundred and fifty-seven, except where the same are taken as inconsistent or in conflict with the provisions of this act, shall be taken ^£^act. and construed as a part of this act, and be and remain in fiill force and effect in the said county of Westchester, and every part thereof. § 6. All acts and parts of acts inconsistent with the provisions of this Repeal. act are hereby repealed. I X This act shall take effect immediately. Chap. 328. AN ACT authorizing the recording of a certain indenture made between Thomas Mesnard and Simon Schermer- horn, of the city of New York. Passed May 6, 1814 ; three-fifths being present The People of the State of New York, represented in Senate and Assembly t do enact as foUowa : SHcmoif 1. The owner or owners of all that j)arcel of ground and Deed mar mesBoage, or tenement, descadbed in an indenture between Thomas ^J ""^c**!'^- Mesnard and Simon Schermerhom, both of the city of New York, on the third day of April, in the year of our Lord one thousand seven hundred and eighty-eight, are hereby authorized to record the said indenture in the register's office of the city and county of New York, with the same effect as if the said indenture had been prox)erly anthen- tieated. ^2. Nothing herein contained shall be construed to imx>air any right, Provisot ehnm or interest of any heir-at-law, purchaser or creditor by mortgage, • So in oriifinal. 430 LAWS OF NEW YORK. [Chap. 83T* westerly portion thereof west of and including Jackson avenue and Van Alat ^tof diB- avenue, and next thereafter complete the same and lay the asseeBmentB therefor upon the property between thoae avenues and Dutchkill» creek and canal, and shall subsequently complete the same and lay the assessments ujkhi the residue of the improvement district. Official ^ 16. All oiticers upon whom any duty devolves under the provifflons *^*^* of this act shall take the proper constitutional oath of office. Bepeai. ^. 11. All lawB and parts of laws inconsistent with the provisions of this act, or of any of it« provisions, are hereby repealed in so fjar as they relate to affdct the same. ^ 18. This act shall take effect immediately. Chap. 337. AN ACT to suppress intemperance and to regulate the sale of intoxicating liquors in the county of Westchester. Passed May 6, 1874 ; three-fifths being present The People of the /State of Neio York, represented in Senate ami Assembly, do enact as foUows : County Section 1. There shall be appointed on the second Tuesday of May appoln? ^'^^^ ^y *^® county Judge of Westchester county, three reputable firee- oommu- holders residents of said county, who shall be commissioners of exdse exciae^aud in &nd for said county and shall be known as the board of commission. them"^ ers of excise of the county of Westchester. The said county judge shall ^™' divide the said commissioners into three classes by lot. The commis- Their sioner assigned to the first class shall hold his office until the first day JJJJ^' **^ of January, eighteen hundred and seventy-seven, the commissioner in the second class until the first day of January, eighteen hundred and seventy-nine, and the commissioner in the third class until the first day One to be of January, eighteen hundred and eighty-one ; and one commissioner e§^very ^^ every two years hereafter, as the term of office shall expire, shall be two yeai-8 appointed on the second Tuesday of May in each year by said county t^J^^' judge, who shall hold his office for six years from the first day January Vacancy, tollowing his appointment. In case of a vacancy by death or other- howfliied. ^|jjg jjj ^jjQ board of cominissioners, such vacancy shall be filled by the Official said judge for the unexpired term of such commissioner. Every commis- oath. sioner before he shall enter upon his duties shall take and subscribe the oath prescribed by section one, article twelve of the Constitution, and Compen- Shall be entitled to receive the sum of five dollars per day for services sation. actually i)erformed, to be allowed and paid in like manner as other county charges, and no other or greater compensation shall be allowed. Meeting ^ 2. The said commissioners of excise shall meet at the place where ?fo^eT''' t^e county court is required to be held, on the third Tuesday of May ia each year, and on such other days as a majority of the commissioners shall appoint, not exceeding twenty-five day« in any one 3rear, for the May ffrant purpose of granting licenses as hereinafter provided. They shall have ionkeS-*^ power to grant licenses to keepers of inns, taverns, hotels or restdoiants ere, ^fcc. Jbeing residents of the town or dty where such inn, tavern, hotel or res- taurant is proposed to be kept, to sell strong and spirituous liquors and To store- wines to be drank in their houses respectively ; and to storekeepers 5nd*drag- ^' druggists being such residents a license to sell sudi liqtKMnand wines ^iflto. in quantities less than five gallons, but not to be drank in their shops, houses, out-houses, yards or gardens ; and they shall have power to CteAP.aM.] NINETY-SEVENTH SESSION. 481 MenniBetiie sum to be paid for a lioenee by each person applying, snmto be wtiA flom iifaall be not leas than thirty dollars nor more than one hun- ^^^^ "' ited ddlan, exeept in case of druggistB, which shall not be less than Druggists, IM dollan It shall not be lawful for druggists having such license to ^^^ ^ iell strong and spirituous liquor^, except upon the prescription of a pactiainff phyacian. \ S. AillioeiMes shall be signed by the commissioners, or a majority Licenses, of them, [jTiiQting the sam^ They shall not be issued until the require. ^^^ ^^ nents fixed by die board shall have been complied with. When issued and when diey shall be in force unless revoked, until ten days after the third Toes- ^^^ ^. day of Mblj next succeeding the granting of such license. 1 4.^ It shall be the duty of all courts of said county , having criminal coarts to junsdiction,to instruct grand jurors to inquire into all oflfenses against JS^Sdln- the proviffions of this act, and to prevent^ all offenders under this act, rors to in- and also all persons who may be charged with adulterating imported 2n*ofl^nfih c» other intoxicating liquors with poisonous or deleterious drugs or es against jnixtures, or selling tne same, or with knowingly importing or selling ^^uitera- tntoxicatiiig liquors or wines adulterated with poisonous or deleterious tion of u-' drags or mixtures, which offenses are hereby declared to be misde- SSnS,^*^ neanors, to be punished by imprisonment in the county jail of said &c. (Donty for a period not exceeding three months, or by a fine not exceed- ing one hundred dollars, or by both such fine and imprisonment, in the ilMfPtLm..fil .,i f 9 Mtede- WiWtWn of the court meanors. f 0. The provisions of the act entitled "An act to suppress intemper- Act of M« and to regulate the sale of intoxicating liquors," i)a88ed April six- ^7"^ be tMtbf eighteen hundred and fifty-seven, except where the same are taken as iooOflsiBteat or in conflict with the provisions of this act, shall be taken ^J^^t, isd ooostnied as a part of this act, and be and remain in full force and efiBct in the said county of Westchester, and every part thereof. ^ dL All acts and parts of acts inconsistent with the provisions of this Repeal. act aie hereby repealed. i I This aot shall take effect immediately. Chap. 328. AN ACT authorizing the recording of a certain indenture made between Thomas Mesnard and Simon Schermer- liorn, of the city of New York. Passed May 6, 1814 ; three-fifths being present The People of the State of New York, represented in Senate and iMiemblyt do ena>ct an fcXUme : Shphon 1. Th« owner or owners of all that i)arcel of ground and Deed mar Benoage, or tenement, described in an indenture between Thomas ^« "^<^<>^'^- Memaid and Simon Schermerhom, both of the city of New York, on tfce third day of April, in the' year of our Lord one thousand seven Inmdied and eighty-eight, are hereby authorized to record the said indenture in the register's office of the city and county of New York, with the same effect as if the said indenture had been prox)erly anthen- ^i Nothing herein contained shall be construed to impair any right, Provisot dom orintRrest of any heir-at-law, purchaser or creditor by mortgage, • 80 in orlifinal. 4:34= LAWS OF NEW YOEK. [Chap. 329, oeived» to taxes of the towns of Morrisaiiia and West FarmSy and the ot^ector of thecUy^ taxeB of the town of Kingsbridge were made, in the year eighteen comptroi- hundred and seventy-three, to the county treasurer of the county of ^^' WestcheBter, shall, as the same are received by him, be paid over and accounted for to the comptroller of the dty of New York, and the said Sale of county treasurer is hereby authorized to take the same proceedings for uuda. j^^Q ^Q Qf lands for such unpaid school taxes, and to sell the same, in the manner heretofore provided by law for such proceedings and sales, in the county of Westchester, and all moneys so i^eceived by said comptroller i^all be applied by him to the general school purposes of said dty, and all taxes which shall have at any time been received by said county treasurer for unpaid school taxes in the aforesaid towns, prior to the year eighteen hundred and seventy-three, or which shall at any time thereafter be received or collected by him, and not accounted for by him, shall be paid over and accounted for to the comptroller of the city of New York, to be applied by him as aforesaid. ^ 5. Section five of said act is hereby amended so as to read as follows : Sixth po- ^ 5. The territory hereby annexed is constituted and declared to be dktricf °^ a police justice district, to be called and known as the sixth polios justices' district of the city of New York. A police justice for sndi Appoint- district shall be appointed in the same manner as shall be jMreseribed poircV/oa. ^y ^^^ *^^ *^® appointment of police justices for the dty of New York, uoe. and such justice snail have the same powers and be subject to all the provisions of law applicable to other police justices of the dty and county of New York. It shall be the duty of the mayor of the dty of New York, on or before the fifteenth day of December, eighteen ban- dred and seventy-three, to nominate to the board of aldermen of said dty a police justice for the police justice's district of said dty created by this act, and thereafter the office of police justice of sach district shall continue to be filled in the manner provided by law. The Tenth jn- territory hereby annexed is constituted and declared to be the tenth trict^ *^^' judicial district of the dty of New York, in which there shall be held a court denominated the district court of the tenth judidal distiict of Jnstico of said dty, and at the next general election there shall also be elected for conrt tobe ^^^ ^^ district a justioe of the said district court, which justice and elected, the Said district court shall have the same powers and be subject to all the provisions of law applicable to other justices of the district courts Tenure of and to other district courts in said dty of New York. The tenure cSSpe*n-^ of office for the police and district court justices provided for by this sation. section, and their compensation, shall be the same as that of other police and district court justices appointed or elected in tiie dty of New York, to commence on the first day of January succeeding tiieir Appeals, appointment or election ; and apx)ealB shall be allowed from all judg* ments rendered in the said district court and also from all judgments rendered by the courts of justioe of the peace, in said annexed territory^ in like manner and to the same court as appeals are now allowed from judgments rendered in the district courts of said dty. § 6. tiection dx of said act is hereby amended so as to read as fol- lows: Mnnicipai ^ 6. At the election of mnnidpal officers of the dty of New York, be efect^ and of the several wards thereof, which shall be held after the passage ed. of this act, there shall be elected in the said twenty-third and twenty. fourth wards such munidpal and other officers as may be by law voted for and elected in each of the other wards of said dty under and fay virtue of the charter of said dty^ and the laws applicable to elections Chap. 829.] , NINET Y-SEVENTH SESSION. 485 ia said city, or in said city and ooimtj, which shall thenf be in force. The voterB of said wards are authorized and empowered to vote for toy. officer of said dty who may foe authorized to be elected at large for said city. The votes so given shall be canvassed and returned in tke same manner and with like effect as the votes given for oihcers to be elected at large in said city. School trustees and inspectors shall be appointed for the wards and districts embiaoed in said annexed territory as provided by law for the city of New York. § 1, ISection seven of said act is hereby amended so as to read as foL lows: ^ 1. The several officers now elected, qualified and acting as officers Existing of said towns of Morrisania, West Farms and Kingsbridge, under ^^^° **"' existing laws, shall continue to act as such, with all their present powers, until the thirty-first day of December, eighteen hundred and seventy-three, except so far as the same may be limited or extended by any of the provifflons of this ac^. The receivers of taxes of said towns Receiven of Momsama and West Farms, and the collector of taxes of the town of ^^^^^ Eingsbridge, shall continue, in the manner provided by the law under whidi they were elected, in the execution of their duties until they shall have collected the taxes authorized by the board of supervisors of the coimty of Westchester to be levied, at their annual session, commenc ing in the year eighteen hundred and seventy-three, and until said receivers and collector shall have made their returns thereof as pro* vided by law ; except that such receivers of taxes and collector of taxes shall pay over all taxes collected by them to the supervisors of their respective towns, except such portion thereof as by law shall be required to be paid to the treaisurer of the county of Westchester, and such portion they shall pay to such treasurer, and of such portions so to be paid to such treasurer the amount authorized to be collected in the town of West Farms for unpaid gas taxes or assessments when coU lected and received by said treasurer shall be applied by him to the satis&ction and dischaige of all audited claims for the payment of which said gas taxes and assessments were imposed upon property in the said town of West Farms. And all moneys paid to the super, visors of the towns of Morrisania, West Farms and Kingsbridge by such receivers of taxes and collector of taxes, shall be applied by them to the satisfaction and discharge of the obligations incurred by their respective towns in anticipation of the collections of taxes. The said To make recovers of taxes and collectors of taxes shall make their returns to ''®^"^****- said county treasurer the same as heretofore, except as herein other. wiBe provided, and shall also at the same time deliver duplicate returns to the comptroller of the city of New York. All sales of land for sales of onpaid taxes levied in any year prior to eighteen hundred and n^npM seventy-four shall be made by the treasurer of the county of West.^j^tob« Chester, the same as if this act had not been jxissed. To facilitate the ^onn^-^ collection of assessments levied ch* to be levied for any local or public 're«8tt»w. improvement which has been authorized in either of said towns prior to the first day. of January, eighteen hundred and seventy-four, where Comptroi- piooeedings were commenced prior to said first day of January, jfp'pohit eighteen hundred and seventy-four, the comptroller of the city of New person to as- York is hereby authorized to appoint a person sx)ecially to collect the certain same, who is hereby authorized to demand and receive from any ^^s'*™®'**^* person whomsoever, having possession gr control of the same, all assess- nieat rolls for assessments levied or to be levied for any local or public huprovement in either of said towns upon which any assessment shall vnnain unxNdd and be unoollectedy from and after the thirty-first day LAWS OF NEW YORK. • [Chap. 329. Compen- of December, eighteen hundred and seventy.three. He Bhall be saUon. entitled to collect and receive for his compensation for making Biich collections one per cent, duriug the first thirty days following the first publication of the notice of collection, and five per cent, upon the amounts collected by him thereafter, which oomnussion shall be added Notice re- to and collected with such assessments. Such collector of assessments pnymeat is hereby authorized and directed, in eadi case wherein assessments have of assess- been or shall be levied for any local or public improvement which has ^^^^- been authorized in either of said towns prior to the first day of January, eighteen hundred and seventy-four, when the same shall be due or shall become due, to cause, within thirty days after the passage of this act, or as soon thereafter as such assessment shall become due, notioe to be given to the owners of the property which is now subject to any of such assessments, by advertisements once a week for four weeks in the "City Record," published in the dtv of New York, or other newspax)er to be designated by the comptroller, and in the Westchester Times, published in the territory formerly constituting the town of Morrisania, requiring the said owners to pay to him the amounts of such respective assessments remaining unpaid, together with interest thereon, after thirty days from the date of such confirmation, and said commission, within thitty days after the first publication of such notice. Collector In all cases where payment of such assessment shall not be made by the farther^ oWner, or other person or persons interested in said property, the said notico. collector shall cause to be published in the Westchester Times published in the territory which formerly constituted the town of Morrisania, and in the " City Record " of New York city, or other newspaper published in the dty of New York, to be designated by the comptroller of said city, a notice requiring the payment within sixty days from the first publication of such notice of the assessment levied or imposed, with Interest, interest at twelve per cent, per annum after thirty days from the date of confirmation to the time of payment, and with the commission here, inbefore provided, and the charges of such notice and advertisement, Xotiee, to Said collector. Such notice shall contain the name or names of the contaLa. P^i^^u or persous against whom the assessment was made, a descrip- tion of the property, the amount required to be paid, the place where said amount will be received, and a notice that if default be made in such payment that the property, which is the subject of such assess, ment, will be sold at public auction, at a time and place therein to be specified, for the lowest term of years at which any ])er8on or x)er8on8 shall offer to take the same, in consideration of advancing ^uch assess, ment, commission, interest, charges of notice and advertis4^nent, and all other costs and charges of said sale accrued thereon ; and the proceeds of such sale shall be applied to the payment of such assess- ' ment and commission of the collector, and the chaiges of such notioe Sale of and costs and charges of such sale accrued thereon. At the time and Sssl^McT P^^^ce stated in said notice, all the prox)erty which shall have been the by ooiioct. subject of such assessments and upon which said collector shall certify 2L^ ^ the said assessment to be unx)aid, shall be sold at public auction at the meats, time and place designated in such advertisement, under the direction of the said collector of assessments, to the person who shall ofSer to take the same for the least number of years in consideration of advanc- ing the amount of such assessment, commission, interest, charges of notice and advertisement, and i^ll other costs and charges of said sale ceruflcate accrued thereon. At such sale the said proi)erty whidi shall be sold may be re ^ )a11 be struck off as aforesaid, and a certificate of such sale shall be cordea. made to such purchaser by the said collector, duly executed and Chap. 329.] NINETY-SEVENTH SESSION. 437 «eknowledml by him, which said certifioate is hereby authorized to be recorded in the oifiioe of the register of the city and county of New York, and shall be prima fade proof of the regularity of such sale and of all proceedings connected with such assessment and such sale. All proceedings which have heretofore been taken by the treasurer of Proceed- the board of trustees of the town of Morrisania for sales of land for {.eSuy^" unpaid assessments shall be continued and conducted to their termi- tjikon to nation by the coUectof of assessments herein directed to be apxx)inted, i^a?^ ^* and the lands so to be sold shall be sold by said collector under the notice heretofore given in the same manner and to the same effect as if said lands had been sold by the treasurer of the board of trustees of the town of Morrisania, pursuant to the act to create the board of trustees of the town of McHrrisania, in the county of Westchester, and to define their powers, and the acts amendatory thereof. At any time Hedcmp. within two years from and after the day of such sale any owner or ^^^^' owners of the premises sold as aforesaid shall be permitted to redeem the same, by payment to the comptroller of the city of New York of the amounts which shall have been paid for the pun^hase of any lands whidi may have been sold for such assessments, together with interest on said amounts at the rate of twelve per cent per annum. At the Leaae. expiration of the time herein provided for the redemption of the lands sold under the proceedings herein provided, the purchaser or purchasers at such sale, or their assigns, shall be entitled to receive a lease for the premises so purchased which lease shall be duly executed, acknowledged and delivered to said purchaser or his assigns by the person or persons, and in the manner now provided by law for tne leasing of premises sold &>r unpaid taxes or assessments in the city and county of New York. At the time of such sale all lands which shall be offered for sale Lands of- and for which no purchaser is obtained shall be sold in behalf of and to the g^ilf ilrki dty of New York for the amount of the assessments and charges accrued °n pqi*- thereon, and the several amounts so due shall be i)aid by the comp- uiimfd to' troUer of the city of New York out of the contingent fund of said city, SJe^-i*^ and such moneys shall be applied by the comptroller to the payment of the obligations for which such assessments were levied ; and the city of New York shall have the same rights and shall perform the said duties c*on. eeming the redemption of the lands so sold in its behalf as are devolved upon an individual by the provisions of this sectiou. All provisions of Provi- law in relation to mortgagees or infants, or other persons under disa- mon-^^ ^ Hlity, owning property subject to assessments under the existing laws f^^'jj^" in the city of New York, are hereby made applicable to the aforesaid fwsesaments and to the redemption of the land from sales for the same. In all cases where lands within the territory hereby annexed, have been heretofore, or may hereafter be, sold by the county treasurer of West- chester county for unpaid taxes, and which lands have been bid in by said treasurer in the name of the respective towns constituting the annexed territory, and said towns have become entitled to a oertmcate when of ^eaie, lease or leases of said lands, such certificate of sale, lease or have be- leases shall be executed, and delivered by said county treasurer to the Jj^^^® «"- ocHoiptroller of the city of New York, and the said comptroller is hereby certificate authorized and empowered to assign such certificates of sale, lease or ^^c'fj'the leases to the owner or owners of the lands which have been sold as afore, same to said, upon such owner or owners paying to him the amount of such tax erecUo^' and interest as provided by the laws under which such sales were made, com^^^S'oi- iogether with all charges accrued thereou, and the moneys so received ler?^ shall be paid by the comptroller to the contingent fund of said city. All ]^^^^"^ lauds heretofore sold in said anUexed territory for unpaid aseessments, soiavia^ LAWS OF NEW YORK. [Chap. 329, bid in by and bid ill by said towns, or the authoritieB thereof, i^U be the pix>p- bettfo*** ®^y ^^ ^^® mayor, aldermen and commonalty of the city of New York, property and shall, in like manner, be conveyed by said comptroller on the of tbecity. ^^^^^g ^f g^id land« paying the amounts respectively for which the lands were sold, with interest thereon at twelve per cent i)er annum, from the dat.e of such sale, together with the expenses of such oonvey- Coiiect- ance. The collector of assessments, appointed in pursuance of the pxo- or'8 bond, yigj^ng ^f -fcijig a^.^, shall be required to, and shall execute and deliver to the comptroller of the city of New York, a bond, with sureties, in an amount to be approved by said comptroller, conditioned for the pay- ment of the moneys collected and received by him in pursuance of the provisions of this act, and for the faithful performance of his duties Collector as such colloctor of assessments. The said collected* of assessments shall, mo^n% 8 " after deducting his commissions therefrom, pay all moneys received and received collected by him under the provisions of tins act, to the comptroller of trouerl^" the city of New York, who shall pay and apply the same to the pur- poses of the improvements authorized by law for which such assessments Engineer Were levied and collected. The commissioners of the department of piinteT PuWic parks are hereby authorized to appoint a suitable engineer, whose duty it shall be to examine and inspect the work done upon any improvement in the territory formerly constituting the town of Monia- ania, in pursuance of any proceedings authorized by the board of trus- tees of the town of Morrisania prior to the first day of January, eighteen Hifl du- hundred and seventy-four. He shall certify in writing to the commis- tiea. sioners of the department of public parks, from time to time, the amount of work completed on the respective improvements in said t^^rritory, and the several amounts due thereon according to his measurements and according to the terms of the contracts heretofore made between the fiaid bcxam of trustees and the contractors for making said improve- Park com- ments. The said commissioners of the department of public parks are nmy^ex-^" hereby authorized to extend the time for the completion of any of the tend time improvements authorized under said contracts whenever, in their judg- pioUoiTof ment, such extension may be deemed necessary or expedient The Wrove- supervisor of the town of Morrisania shall cause to be filed with the Contracts ^^ commissioners of the department of public parks the contracts and and spcci. specitlcatious, together with the obligations of the sureties for the faith* to'beflied. f«l performance of the work of whidi such contracts were awarded* certifl- The said commissioners of the dex^artment of public parks shall examine, cSminte^ audit, and if they appove the work and amounts certified to by said ^filoucrs. engineer, they shall deliver to the said contractors, certificates in which they shall state the amounts due, respectively, to said contractors, upon the improvements under their charge, according to the terms of their several contracts, as shown by the certificates of the engineer appointed comptrni- by said commissioners. In all cases where proceedings have, in pursa- iue bottda' *^^ °^ ^*^w, been authorized by the board of trustees of the town of Morrisania prior to the first day of January, eighteen hundred and seventy-four, for any local or public improvement, and where con- tracts in good £a.ith have been awarded for the same, and an assessment shall have been levied and confirmed for said improvements, the oomp. troUer of the city of New York is hereby authorized in pimmauce of the laws relating to assessments in and the issuing of assessment bonds of the city of New York, now in force, to issue assessment bonds, in anticipation of collection of assessments for such improvements ; and he is hereby authorized to negotiate the same, and to apply the proceeds BoM^ ibr thereof to the purposes of eaid improvements. The bcmrd f6r the revi- S^of as. aion and correction of assessment list of the dty of New York, as coiu Ch|p. »i9.] NINETY-SEVENTH SESSION. 489 by law, shall perfoim all the datieB and have all the powers se smcnt WeCofoTe impraed upon the board of trufitees of the town of Morrisania, [i^g* ^^^^' or any officer thereof , prior to the first day of January , eighteen hundred powe». md serenty-four, for the purpose of revising, correcting and confirm- ing all assessments for local or public improvements authorized under ]HOceediug8 commenced by said board of trustees prior to January first, eighteen hundred and seventy-four. Any rights existing or arising from any suits at law pending at the time of the passage of this act shall not be affected by any of the provisions of this section. ^ 81 SeeUon eight of said act is hereby amended so as to read as follows: ^ & All the prervisions of law, now applicable to public instruction Laws ap- in the towns of Morrisania, West Farms and Kingsbridge, not incon^ to pnbUo aiBient with the provisions of the fourth section of this act, shall con^ in&trac- tinne and remain in force until the first day of January, eighteen ^^^' bandied and seventy-four, and from and after that time the territory hereby annexed, and the inhabitants and estates therein shall be subject to every provision of law applicable to the board of edueation of the city of New York then in force in the city and county of New York, and no other, and upon the first day of January, eighteen hundred and aev^ity-four, the treasurers of the boards of education in the territory hereby annexed, shall account to the board of education of the city of New York for the several sums of money which they shall have leoeived as su(^ treasurers, and shall pay over to said board of education all balances remaining in their hands. All books, lecoads and documents in the possession of the boards of edu- cation of said towns shall become the property of the board of education of the city of New York, and shall be delivered into their poeeession by the secretaries of the respective boards of education of said towns. All debts and obligations of the several boards of educa- tion in either of said towns are hereby charged ux)on and declared to be ^e debts and obligations of the mayor, aldermen and commonalty of the city of New York, and the board of education of the city of New York shall audit and examine and the comptroller shall pay all the oUigatioDS of the several boards of education existing in either of said towns and which have been thus audited and examined and which shall lAve been legally incurred prior to the first day of January, eighteen kundred and seventy-four, liie jiayment of whidh is not otherwise pro- vided for by law. ^ 9. Section nine of said act is hereby amended so as to read as fol- lows: ^ 9. All the public property of the towns of Morrisania, West Farms PnbUe and Kingsbridge, as well as the property now vested in the boards of i»»'op«^- education of sakl towns, shall be vested in and is hereby declared to be the proxierty of the mayor, aldermen and commonalty of the city of Kew Ycnrk, and the mavor, aldermen and commcoialty of the city of New York shall succeed to all the rights, claims, causes of action, rights to uncollected taxes, liens, uses, trusts, duties, privileges and immunities of said towns of Morrisania, West Farms and Kingsbridge, and the mayor, aldermen and commonalty of the dty of New York shall be entitled to receive, hold to account, and by proper legal and squitable remedies, compel the payment of all and every moneys of whioh disposition is not otherwise made by the provisions of this act, ^lowinthp hands or hereafter to come into the hands of any pubfic officer or deputy or agent thereof, exercising authority in any of said towns hereby annexed to said city of New York, arising from any 44:0 LAWS OF NEW YORK. [Chap. ^29, assessment tax oor otherwise hetetofore made and levied in said tavnm Debtsi or either of them ; and the majror, aldermen and commonaHy of the torinK OQ city of New York shall become liable for and subject to, aod sbaU ist^day of make provision for the payment of, and shall pay all debts, obligations i£r4?to'^be and liabilities of said towns of Morrisania, West Farms and Kinge« f^^citv bridge, respecUvely, maturing on and after the iizst day of Januairy, and conn- eighteen hundred and seventy-four,. except as herein otherwicB pro<. Yorkr^*'^ vided ; and all mone}^ required to pay the principal and interest. of all bonds issued by either of said towns, and all other obligations of eiiher of said towns heretofore issued in pursnance of law, or in pursuance of this act, shall be raised in the manner now provided by law for the payment of the principal and interest of other obligations of the city Treasnrer and county of New York. The treasurer of the Ixmd of trustees ot IniiHo^^' ^^® tovm of Morrisania shall, on the thirty-flrst day of December, pay over eighteen hundred and seventy-three, pay over all moneys in his hands enpervf- ^ to the Supervisor of the town of Morrisania, except such moneys as shaU son. have been paid to said treasurer for or on account of any assessment for any local or public improvement, which moneys he shall pay to the comptroller of the dty of New York, who^ shall apply the same to the payment of ail certificates of indebtedness and warrants issued l^ the board of trustees of the town of Morrisania prior to January first, eigh^ teen hundred and seventy-four which have been issued in pursuance of such assessments and the laws and ordinances imposing liie same saperri- respectively. The supervisors of the towns of Morrisania, West Farms ^m over, ^"^ Kingsbridge, which officers for that purpose, and for ail pnirposes if ^' * necessary to carry into full effect the provisions of this act, shallbold over till that time, shall, prior to the second day of July, eighteen hnn^ dred and seventy-four, pay and discharge all valid claims against Hieir respective towns, which have been audited by the respective boaad of town auditors thereof at their regular meeting, or at a special meeting hereby authorized to be held for the purpose of auditing sudti account^ on the thirty-first day of December, eighteen hundred imd seventy* Engineer three. The commissioners of the department of public parks shall have M>iK)iift- power to appoint an engineer who ^all superintend ib» improvement eu. authorized by chapter five hundred and forty-five of the laws of ei^h. teen hundred and seventy-two, under the direction of the coBUnis- BecordB, siouers of the department of public parks ; and said commissionan of maps.' &0, ^^^ department of public parks are hereby authorized and directed to demand and receive all records, plans, maps, documents and papers pertaining to said improvement, from the hands of the commissioners appointed under said last mentioned act, which said commissioners shall, make and file with the commissioners of the department of public parks within ten davs after the passage of this act, a report of their proc»ed« in^s and of all moneys receiv^ and disbursed by them on account g[ said improvement, and they shall pay over to said comptroller all moneys remaining in their hands. The said comptroller shall apply the same to the payment of awards to the owner or owners to whom said awards are due and unpaid and for the purpose of completing said Ononfng, improvement. The department of taxes aud Sissessments i^all aaiuiaUy wMen^nir. g^^jgess upou the district of assessment as designated by the eoOimifl- euae^ ^^' ^^^^^^ ^^ assessment for the opening and widening of Third avenue in said town uud^ the provisions of diapter five hundred and fbrfyJive of the laws of eighteen hundred and seventy-two, the annual install- ments as required by said act, and make provision for the oolleotion of Bonds to the samc, as they become due. The supervisor of the town of Martisa** i^SSito ^^ shall transfer and deliver to the comptroller of liie city of New Yoris CiiAR«»9.] NINETT^BVENTH SESSION. A4=l tfl tends vMiStk have beTOtofcre been IflBued by the boards of tnuBteee cMiirtioi- of ike town of Morrifiania, for mid impvorement, pnTSOant to chapter o«nMUed, tm hoHdfed and forfy-^Te of the laws of eighteen hundred and seTenty- Ae. tiro, and whieh bonde have not been negotiated ; and eaid comptroller flkall eaneefl said bonds, and may ieeue in the place thereof bonds of the dty of New York, to the same amonnt, which shall matnre and be paid m mrh manner and at such time as the comptroller may determine Slid bonds when so iasiied shall be negotiated by said comptroller, and be flhall apply the proeeeds thereof to the pnrmees of said improve. Bent. The oommiseioners of the department of^ public parks are also talhorised to ti^e such proceedings through the corporation counsel of tiiedty oi New York, and to perform audi acts enjoined upon the board of trustees of the town of Morrisania, by the act to create a board of trmtees for the town of Morrisania, in the county of Westchester, and to define their powers, passed April twenty-seoond, eighteen hundred and tixty^fonr, and the acts amendatory thereof, as may be necessary to leeoie the confirmation of the reports of commissionerB of asesessment for street openings in cases where contracts have been awarded by said boud for any local or public improvement, and the commiasioners here- commis- tofore appcrinted by the county court or county judge of "Westchester Jfpp/JJ^ floonfy fyf the purpose of appraii^ng the damages for opening any street in damaffes fte town of Morrisania, are hereby anthorised to continue mid appraise- ing sS^eeta ■ent and to complete the same, and to make their report to the court {Jj^"* . or to the judge by whom they were appointed, and all proceedings praise- tothnised by the ** Act to create a board of trustees for the town "•^'» **• of Morrisania, in the county of Westchester, and to define their powers,'* and the acts amenaatory thereof, shall apply to the said Impfrovements ibr the purposes of the final and legal aetermination, adJQSlment and completion of the same, except that in cases where a duty in oonneotion therewith is imposed upon the board of trustees or officer thereof, said duty shall be performed by the said oommis- akytien of the department of public parks and corporation counsel, and all ccmimiSBioners of assessment heretofore appointed for any ^{jL^^™* poiposes connected with any improvement * anthorisbed by any pro- otm^ eeeoings of the board of trustees of the town of Morrisania, prior to "*,JJ/,f " the ftrst day of January, eighteen hundred and seventy-four, are hereby ^or to contoued in office until the final completion of the duties imposed igj^- ^^^j Bpoa them, in pursuance of any provisions of law in force at the time tinved. of their appointment. The books and records of assesement of the Books, town of Morrisama shall be placed in the hands of the collector of pia^^uf WMsments appointed under this act, and such collector shall pro- °^J}^^^^^ «ed to collect the same in the manner provided by the laws under ^ ^^ ^^' which such assessments were levied, and under the provisions of this Mi, sad the collector of assessments, heretofore acting in said town, Aall tiaasfer and deliver to such collector all recorcis of assessment leinafaiing in his possession The supervisors of the towns of Mor. snfwrti. rittnia and West Farms, and Kingsbridge, and the treasurer of the £J]SJ!£^r ^own of Morrisania shall, on the se«)iid day of July, eighteen hundred g» and sev^enty-lDnr, or as soon thereafter as the board of audit, herein booksT Provided for, shall have completed and reported upon thdr examina* oompM^ tion and au^t of the accounts and vouchers of the said supervisors and ler. ^Mfliaer, transfer, deliver and pay over to the comptroller of the dty of New Tctrk, all books, papers, moneys and other property remaining ^ their possession as supervisors and treasurer as aforesaid belonging ^aaid towns. On oar be^fore the second day of June, dghteen nun- 29 4=4:3 LAWS OF NEW YORK- [Chap..329. Board of dred and aeventy-foar, &e oounty tiecunueT of ihe GOnntYOf WesU dottoB.^^ cheater shall appoint two, the ocnnptroller of the city of New xork ahall appoint two, and the county judj^e of said oounty shall appoint one, all of whom shall be reputable citizens, xesidents and freeholdeis in the annexed territory, as a board of audit, and it shall be the duty of such board to audit the accounts for fees of the receiver of taxes of the town of Morrisania for the years eighteen hundred and seventy-three and eighteen hundred and seventy-four, and the said bofurd of audit shall audit the accounts of the treasurer of the board of trustees of the town of Morrisania for the year eighteen hundred and seventy-three. The moneys fund by the said board of audit as due from the receiver of taxes of the town of Morrisania for the years eighteen hundred and seventy-three and eighteen hundred and seventy .four shall be x^aid over to the comptroller of the city of New York, who shall apply tlie same to the payment of any liabiuty not otherwise provided for in the final settlement of the debts, obligations and all other accounts of said towQS ; and out of the moneys raised by tax for the purpose of maiji.. taining the fire department of the tovm of Morrisania for the year eighteen hundred and seventy-three.'an^ which shall have come into the hands of said comptroller, the said comptroller shall pay out of any moneys raised for such purposes all obligations of said departmenii, and all claims whidi shall have been duly audited by him for services rendered, or materials used thus audited for said department durip^ said year. As soon as practicable after the second day of July, eigfh^ teen hundred and seventy-four, the said board of audit shall also audit the accounts of the supervisors of the towns of Morrisania, West Famm and Kingsbridge, including all receipts and disbursements of said supervisors in the final settlement of their accounts as authorised by Board of this act, and the said board shall make a report or reports, in writing, nrnke ro- ^^ ^^ Several audits, to the county treasurer of Westchester county, port. who shall file the same in his office, together with all vouchers ana exhibits accompanying such report or reports ; such board of audit shall not have power to audit any claims or accounts except those of the officers named in this section. The several members of said board of audit shall serve without comj^ensation, and a majority of them i^all be competent to act as such board ; their office shall cease with the vacaney. making aud filing of their last report In case of any vacancy in said bowfluod. board, it shall be filled by the same officer who appointed the auditor, in whose place the new appointment is to be mada & 10. Section ten of said act is hereby amended so as to read aa follows : Actioiia to ^ 10. All actions and causes of action which mav be x^ending, or aarviTe. i^^hich shall have accrued at the time this act shall take effect, in behalf of or against said towns of Morrisania, West Farms and Kings* bridge, shall survive and may be prosecuted to final judgment in Jnrifldie. behalf of or against the dty of New York, The several courts within ^^^ the city and county of New York, on and after the first day of Janii* withiii the ary^ eighteen hundred and seventy-four, shall have the same juiisdic- oonn^or ^<>^ over all causes of action and proceedings in civil actions and in ^^ matters of probate and special proceedings, which shall have accrued^ witlun the territory hereby annexed, uiat said courts now have over like proceedings and matters within the city and county of ProTiao. New York ; provided, however, that the seyeral courts within the county of Westchester, and within the second judicial district of the Supreme Court of the State of New York, shall have and retain juria. diction of all actions, proceedings and matters that shall have been Chap. 829;] NINETY-SEVENTH SESSION. 448 nghtftilly eommenoed in said courts jvior to the aaid firet day of January, eighteen bondred and sevenly.four, and the Beveral courts of the city and county of New York, having crimina] jurisdiction, on and after tiie first day of January, eighteen hundred and serenty-four, duJl have the same jurisdiction of all the crimes, oifenses and mis- demeanors that shall have been committed in said territory, that the eoorts of the dtv and county of New York, having criminal jurisdic- tion now have in the city and county of New York ; provided pro- ceedings shall not have been already rightfully commenced in any of the courts of the county of Westchester fur the prosecution of add crimes, oifenses or misdemeanors, in which case the said courts within the county of Westchester shall have and retain juris- diction of the same for the full, complete and final disposition fiiereof ; and until the said first day of January, eighteen hundred and seventy-four, the said courts of the county of Westchester, and in the flud second judicial district, shall retain and exercise in all civil and criminal proceedings the same jurisdiction they now have. The several jneticesof justices of the peace now duly elected and qualified, and notaries public ^c.^iuf^^' in either of said towns of Morrisania, West Farms and Kingsbridge, hoicl tin whose terms of office shall not expire before that time shall continue to or thcSr^'^ exercise all their powers as such until the expiration of the terms of ^™*- their respective offices. From and after tiie first day of January, eigh- Fees in teen hundred and seventy-four, justices of the x>eace in the territory Sieif *' •herebv annexed to the dty and county of New York shall not be i)er- mitted to charge or receive any fees or compensation in criminal cases or proceedings had before them or either of them. All suits, actions, Suits, Ac., proceedings, complaints, prosecutions and special proceedings which tuioed?** shall be pending within said territory, before any court or justice of the peace at that time, shall be heard and determined as though this act had not been passed, and the powers of said court or of said justice of the peace to hear and determine such proceedings are hereby continued till 8Qch determination. A copy of the oath of office of each of said official joatices of the peace and notaries public, certified by the clerk of the ***^* Goanty of Westchester, together with the signature of such justice or notary public, shall be filed by him in the clerk's office of the dtv and eoanly of New York, and after the same has been so filed, all deeds, Becord of mortgagee or other instruments which have been duly acknowledged or ^^^^ *®* proved belbre such justice or notary public in the territory hereby annexed, subsequently to the first day of January, eighteen hundred and sevenl^.Jbur, may be recorded in the register's office of the city and ooanty of New York,- without any further certificate of the clerk of WeeMieiriber counter. Nothing contained in tiiis act shall authorize any serriee of piocess issued by a justice of the -pesuse, or give anv justice of Vbo peace jurisdiction, outside of the territory to which his jurisdiction Hmited befbre the passage of this act. The acts of all notaries Kotoriee, pobHe heretofore appointed for the county of Westchester and residing Jnu,^/*" wiCbin said annexed territory, done and performed by them within said Ac. annexed territory since the first day of «fanuary, eighteen hundred and seventy-four, are hereby confirmed, and said notaries are hereby con- stitntea and declared notaries public of the county of New York as hereby extended, until the expiration of the term for which they were appcitited, with as full force and effect as if they had originally been appointed notaries for said county. i 11. After this act shall take effect, the mayor and common council Powenor of the dty of New Y<*k and all offitsers elected or appointed under the Jh5*SI^^ diarter of the cHy of N^w York, or under any law oi this State author. New 4A4z LAWS OP NEW YORK: [Chap, 8t9i Tofk«x. izing ihe election or appointment of offfoen for the dty and county of •WW- New Yoi^, and ako school oommisfiionen, trastees and inapeetora Mxedter- appointed or to be appointed, shall exercise the ettrnie powers and shall ^^^' perform the same duties in and over the territory hereby annexed, aad m eadi ward thereof, m like manner and to the same extent as if said territory had always been a part of the city and county of New York, except as the same may be specially limited, excepted or extended by this act inurartin ^ 12. All the interest which the towns of Morrisania, West Fame J52Se? •'^^ Kingsbrid^e now hare in the pnblic property of the county of Wegt- to West. Chester is hereby released and acquitted to the county of Westchester* tw^. Such proportions of the debts and obligations of the oonnty of West-* Propor- Chester existing when this act shall take efiRsct over and above tlie value Siju«% of all the property belonging to said county, as should proportionally debts, and equitably be paid by the inhabitants and property owners of the ^Sl^ ^ territory by this act annexed, shall be paid by tiie city ana county of Netw York to said county of Westchester; and the boards of snpervisora of the counties of New York and Westchester shall have power to deter- mine the same in such manner as shall be agreed upon by them. In Salt in case of the failure of said boards to agree upon such pro)K^iaon within •qnitir. 3}^ months after the passage of this act, the Supreme Court of the third judicial district shall nave power to determine upon the amount of snob Eroportion (if any), and to enforce the same in a suit in equity to be ronght in tihe name of the county of Westchester, not less than six Obiiga- months, nor more than one year after the passage of this act Nothinsr elratnfets Contained in this act shall impair the obligation of any contract, ana netbn. the pronerty and inhabitants of the territory annexed by this act to the '^^^^ city of New York shall continue liable to the existing creditors of the several towns and of the county of Westchester, in like manner as if thie act had not been passed ; provided, that if any person, by reason of beratf an inhabitant of or owning pronerty in said territory, snail be compelled to pay any part of tiie existing clebt or obligation of the county of West- chester, or either of the towns of Morrisania, West Earms and Kings- bridge, the amount of such payment shall thereupon become a dent due to him from the city and county of New York as hereby oonetitnted, and may be recovered in like manner as other debts against said city and county. S 13. Section thirteen of said act is hereby amended so as to read as follows: BMonU. § 13. The books, records, documents, dockets of jndraients and other instruments in writing relating to the towns -of Morrisania, West Farms and Kingsbridge, and belonging to the offices of the clerk, reg^ ister, surrogate, sheriff and treasurer of the county of Westchester, shall remain the property of the county of Westchester, and all such records, documents, dockets of judgment and other instmments in writing which relate to, concern or icffbct the real^ estate or any other property in thei teiritory hereby annexed, the title to whieh may be affected by anv such records, documents, instruments in- writing or dockets of judgments, shall continue to have the samefoiee and e^t in everv respect and for every purpose as if this act had not Deeds, been passed. All conveyances by deed,*mortgage or otherwise, and all neordedT documents, dockets of judgment or other instmments in writing la West, affecting the real or personal property within the territory hei^ehy ^SSS^tm annexed, which are now requireci by law to be recorded or filed in the j2||s.ut, offices of tlie clerk, register, surrogate, sheriff or treasurer of the- county of Westchester shall continue to be so filed or recorded in the- "f^- ?.mi] NI$f£TT^EfFENT» 8B68IDN. 44A tmnl «ffiee8 of the oomiiy of Weatohester until the first da j of iijy eighteen hnndred and seventy-four, with the same foroe and ai if this aet had not been passed ; and on and alter such date Thereof. * ndi oonreyancesy documeatSy dockets of judgments or othes^^^^^^ aents in writing shall be recorded and filed in the seyeral ofiSces ooonty «r Bitf and conn fey of New York, in which like eonTeyanees, docn- totL dockets of judgment or other instruments in writing are now iicd by law to be recorded or filed ; excepting that assignments e^^mi^ les, which miMr^iges haye been reoorded in the office of the ^^^' lh» eoonty of Westcliester prior to the first day of January, M handled and seventy-four, m^ continue to be recoxded in tbe of the register of the county of Westchester; and also excepting eotifioirtes ef satisSftotion of mortgages or judgments, where such or judgmffnts are filed or recorded in tbe county of Westc^es<« continne to he filed and recorded in the vespective offices of the ] and clerk of the county of Westchester. The jurisdiction ofJnriadie. Unogale of the county of Westchester over all r^roceedin^ right- ^^te?* joonmeneed before him on or before the thirtjr-first day of Decern* Weetoben. <%htsen hundred and seventy-three, shall continue until such pro- 1^^^*^' ' igB are finally determined, and every duty now imposed by law other ofl. lay county officer of the county of Westchester, to be done or ^'** med in regard to any proceeding, record, document, certificate or instrument in writing, after the same shall have been commenced, SI reeorded by him, shall continne to be done and performed by ^iffieer in regard to all proceedings commenced or papers filed or * ~ by him on or before the thirty-first day of December, eighteen and seventy-three^ as if this act h%d not been passed. iJl rec Town rtt- ifc4oeanients and papers now on file in the several offioes, or in the t^fe-* ''iMaioa of the several officers of the towns of Morrisania, West Farms Uvered «• IKifigshridge, or in possession of any commissions a}q>ointed by the sionen er in the matter of opening, laying out or constructing any p|^ avenacy street, highway or sewer in either of said towns, ^^ Sas hereinbefore provided, shall be delivered over by the said officers now having tbe custody or control of the same to the jmiiirioaerB of the department of public }>arks of the eity of New pk OB or before the nrst day of January, eighteen hundred and sev- tah-foar, aad all obligations created by any of said commissioners and W existing in favor of any creditor of either of said coounissions shall haitisfied and paid by the department of public parks of the city of Iv Tork| fip»m any moneys appropriated to their use by the board of tf^ate and assessment^ for the purpose of maintaining or repairing yyiblic streets, avenues or highways in said annexed territory. Ali cuattei ia^l au>Tto^es and other instrnments in writing, which are now™^ tlORd by kw to be filed by the town clerks of the said town3 of Mor- where te Mua^ West Farms, and n^iugsbridge ^all continue to be so filed J^^^* W^ the first day of January, eij[hteen hundred and seventy-four, with P aaine force and eflEeot) as if this ai3t had not passed; and on that day, v^tUii five days thereafter, all such chattel mortgages and instru- y>ift writing shall be ddivered by the town clerks of saidree^ctive |Mi to) the register of the city and oottBt;^ of New Yprk, and said chat- T^B^^irtpges and other instruments in writing shall continue to have 9BSHBe fiiroe and effect as if this act had not passed* On and after weintdi^ of January, ei{[hteen hundred and seventy-four, all chattel tetg^pt, and such oiher instrnments in writing as are now required ^Uv to he filed with the town clerks of said towns shall be filed in 4k46 laws of new YORK. [Grap. 3S9. each offioe in tiixe city of New York as like instnuneute in wtiiiag are now reqair^d by law to be filed, deposiCed or reoorded. 8 14. Section fourteen of Bald act is hereby amended so «8 to read as follows^: Cominis- § 14. The oommififiioners of the department of public parks of the pabiio* ^^ ^^^y ^^ ^^^ York shall have the exclusive power to locate and lay out, parks, construct aud maintain all public parks, streets, roads and avenues, m iwto^ and to devise plans for and locate all bridges and tunnels, aud AM. pabUo have exclusive control of the maintenance and construction of all l^eto, public parks within the territory hereby annexed, and to construct and j^^^^; maintain all bridges, tunnels, sewers, streets, roads and avenues so ed terri- located and laid oat, and the said commissioners of public parks shall ^'y* have exclusive power to establish the widths and grades of all such streets, roads and avenues so located and laid out, except as to sudi streets, roads and avenues within said territory as are laid down and established by the oommissioners appointed under chapter eight hun- dred and forty-one of the laws of eighteen hundred and sixty-eighty on a map of the same, filed in the office of the register of the oounty of Westchester, on the twenty-third day of February, eighteen hundred and seventy-one, which streets and avenues, with the grades and lines thereof as laid down on said map, are hereby confirmed and estab- lished, except so far as the same have been changed or modified by law, subject however, to be altered by said commissioners of public parks whenever they, or a majority of them, may deem such change required, and also except that the several surveys, maps, plans and profiles of streets, roads and avenues that shall have been made, laid out, filed or adopted by the commissioners of public parks within the territory hereby annexed under any law of this State authorizing the same, are hereby confirmed and established, subject to be altered, nowever, in the same manner as is hereinbefore provided, as to the survey and map of Ko street the town of Morrisauia. No street or avenue not already laid out shall straoted"' ^ constructed through or upon the depot or station grounds of any rail- npon de- road or branch of the same, now operated by steam within the said terri- ^t^orsta- ^^y unless with the consent of the said railroad company. After the ^i^oiid^' first day of January, eighteen hundred and seventy-four, in all cases ^ ^ ' where proceedings have been commenced for the opening of any streets, roads or avenues, or for the construction of any street, road, avenue or sewer within the territory hereby annexed, the same shall be continued and completed under the direction of the said commissioners of public Srks under the laws now in force, in the territory hereby annexed, r opening or constructing the same* All proceedings hereafter to be taken by virtue of this act by said commissioners of the department of public parks, to lay out, construct, and maintain any public parks, to devise plans for and locate any bridges, or tunnels or to locate or lay out any streets, sewers, roads or avenues, or for the construction of any bridge, tunnels, sewers, streets or avenues within the territory hereby annexed shall be taken and prosecuted bj the commissioners of the department of public parks, under and in pursuance of the provis- ions of the laws now in force, for the construction of such works, or which may hereafter be passed for the taking and prosecuting of proceedings in the city of New York, by the said commissioners of the departme^nt of public parks or the commissioners of public works. €rdteii The department of public works of the city of New York is hereby ^[11^^ authorised to consUruct and lay one Croton water main through and along the Third avenue in the territory hereby annexed, from the Har- lem river to Fordham station on the New York and Harlem railroad Crap.»«9.] NIKTBTY-SEVTENTH SESSION. 4A7 and to supply said tnain with Oroton water by stieh means and in sxioh manner as said department may deem expedient, and all laws now in Ibrc^ conferring on the department of pnblio works antbority to extend the supply of Croton water to any part of said city are hereby applied and made applicable as far as may be to the part of said annexed terri- toty hereinbefore reftrred to. § 15. Section fifteen of said act is hereby amended so as to read as follows: § 15. Any person ■ residing in the territory hereby annexed who shall County of- have been elected for a term now unexpired, to any office for the county **^®"' of Westchester may exercise the duties of such office till the end of the term for which he was elected as if this act had not been passed. The PoUoeoffl. several police of officers and patrolmen that may be in office in either of JSJ^?* • the towns of Morrisania, West Farms or who have, pnrauant to law, ««». been designated and did perform police duty in the town of Kinn- bridge when this act shall talce effect, shall thereafter continue in Uie discharge of their respective duties in the same manner as if they were poKce officers and patrolmen of the city of New York, and shall be subject to all the rules, regulations and entitled to all emoluments of tbe police department of the city of New York, until others shall be appointed in their stead. The clerk of the board of supervisors ofaerkof Westchester county is hereby authorised and directed to take from the JJJJ^Jf jrnr box in which are deposited the names from which petit iurors are «>"^o tt> be drawn the names of all jurors whose names are deposited therein, ntSioT^^ who maybe residents of the territory hereby annexed. All inquests Jj^^J'^^'y lield by the coroner authorized under thie act to perform the functions coroner, of his office in the territory hereby annexed shall be a charge against inq^ieetol the city and county of New York, and he shall be entitled to receive for all duties performed in said tei-ritory from and after the first dav of January, eighteen hundred and seventy-four the same amounts imd to be paid in the same manner as is now provided by law for the payment of the coroners of the eitv and county of New York. On and after Property die passage of this act, alf real estate, fire apparatus, hose, impiements, ^rtments tools, bells, bell'towers, and all property of whatever nature then or here- mms- tofore in use by the several fire departments of the towns of Morrisania ^*'^'^* and West Farms, shall be transferred by all persons having charge of the same to the fire department of the city of New York, for the use thereafter of said department ; and all liens or obligations of the afore«* iaid departments, in respect to said property, shall be assumed and discharged by the city of New York. The trustees or commissioners Tmstees of the tir^ departments of the late towns of Morrisania and West Farms JirtJSenu shall, within thirty days after the passage of this act, return or cause k> retam to be returned to the fire department of the city of New York, the members, names of all members of the said fire departments regularly enrolled afftu^3men for the period not less than one year prior to the first day of JannaiTy eighteen hundred and seventy-four; and the said depart- dis. ment shall, upon reeeipt of the names returned, issue or caase to be ^emp' issued a certificate of discharge, under seal of sarid department, to the tions, Ae. members aforesaid; and when so discharged said members shall be entitled to all the privileges and exemptions to which exempt firemen are ehtided by the laws of the Stato of New York, the 8am« a^ if they had Served the full* terms required by the laws of this State. 516. All provisions of law now in force inconsistent with this act, Repeal, of laws imposing upon the county of Westchester or the towns at Morrisania, West Farms and Ein^sbridge, liabilities for the construction wnd maintenance of tunnels under or bridgea over the Harlem river^ LAWS OF NEW YORK. [Cbup. 389. are hereby repealed, and the proyisions of chapter five hundred and thirty-fonr of the laws of eignteen hundred and seyenty-one, for the Bridges ooQfltrucfcion and maintenance of bridges over and tnnnels under the and tan- Harlem river, at the joint cost and expenae of the city and ooimty of New York and of the ooanty of Westeheeter, and certain towns therein named, shall be construed as applying hereafter solely to the city and ooanty of New York and to fche territory hereby annexed thereto ; and the provisions contained in said chapter five hundred and thirty-four for tiie raising of moneys for the construction of said bridges and tun- nels, or any of them, over or under the Harlem river, by the issue of the bonds of such of said oountiea, or otherwise^ as in said chapter provided, dball hereafter be confined to the city and ooanty ^ Neir York, as the same shall be enlarged by the tenritcury hereby annexed, and the planning and consferuction of said tunnels and bridges shall be oontinued for aoooant of said enlarged city of New York and with its means, as in said chapter five hundred land thirty-four provided, tha same as though the county of Westehester had not been mentioned in said chimter in connection with said bridges and tunnels. § 17. Section seventeen of said act is hereby amended so as to read as follows : Mspeto § 17. It shall be the duty of the mayor, ccMnptroUer and president be mftda. ^f ^^ie Commissioners of taxes and assessments of the city of New York, to cause to be made such maps of the territory constituting the twenty- third and twentv-fourth wards of said eity as' are necessary and proper for the use of the department of taxes and assessmente of New York oity. The mayor, comptroller and preside t of the oommisBioners of taxes and assessmente of the city or New York are authorised and directed to contract for themakiuffof said maps with a competent surveyor or surveyors, and they shall cei*tify in writing to the board of estimate and assessment the amount of money necessary to pay for the same, and the said board of esttBMte and assessment shau appropriate for the purpose of paying for said maps the soma of mone^ so certified to be required. The boim of supervisors of the oity and county of New York shall levy and collect according to law the said mm or sums of money so appropriated, and from the moneys raised pursuant to the provisions of tiiis section^ the comptroller is hm^^by anthoriased and directed to pay such sums as may be certified to be due and payable for the work performed under the provisions of this aeotion. Aoti dona § IB. The several acte acne and perfonned under and in pnrsnanoe oc^i/^ of the pcovisious of sections one to sixteen, inclusive of the act entitled «d, im. ^An act to provide for the annexation of the towns of Morrisania, West Farms and Kinffsbridge, in the county of Westehester, to the city and county of New York," passed May twenty-third, eighteen hundred and seventy-three, are hereby confirmed, and wherever, in the foregoing sections there are provisions as to acte to be done prior to the passage of this act, the said provisions shall be construed as if this act had been enacted in May eighteen hundred and seventy-three, and shall Twxkoi not in any sense be ooastrued to enlarge or extend tlie powers or tana of office of any officer of said towns . as they are limited and set forth in the act entitled ''An act to provide for the annexation of the towns of Morrisania, West farms ana Kingsbridge, in the county of West- chester, to the city and county of New York/' passed May twenty- third, eighteen hundred and seventy-three^ and sections one to sixteen iaolusive of said act as hereby amended and explained are hereby re-enacted. § 19. This act ahaU take efEect immediately. office. (te*p.d30.] NIN£TY<6EyEKTH SSSSION. 4A9 Chap. 830. AN ACT to provide for submitting amendments to the Constitution to the electors of the State. Passed Mfty 6, 1874; three-fifths being present The People of the State of New Torky represented in Senate and AssernSty^do enact asfoUows : Sbotioh I. The inspectors at each poll in the seyeral towns and inspeot- mds of this Sfcate, at the general election to be held in this State on ^nlS^^ the third day of November, one thousand eight hundred and seventy-four, ^'^j^ dial] piovide a box to receive the ballots of the citizens of this State in baUottTia idation to the amendments proposed to the Constitution as hereinafter ^^l^^ Mentioned, and each voter may present a ballot on which shall betionai written or printed, or partly written or partly printed in the form ^^S^.' following, namely: For all propontions on this ballot which are not cancelled with ink Form of or pencil ; and against all which are so cancelled. hwiiot For the proposed amendments to article two " relative to snffy*age and bribery" For the proposed amendment to article three, part first, '^Legislature and its or^uiiaation,'' seetion one to eight induttve. "" For the proposed amendment to article three, part two, ^ powers and brms of LegiBlature," being sections seventeen to twenty^five, inclusive. For the pix>posed amendments to article four, ^ the Governor and Lieotenant^jrovernor, t^eir powers and duties.'^ For the proposed amendments to article seven, '^ finance and canals." For the proposed amendments to article ei^ht, part one, being sec* tions four and eleven, '^ relating to corporations, local liabilities and a))propriationB." For the proposed amendments to article eight, part two, section ton, ''State, appropriations" For the proposed amendment to section nine, article ten, being section *rehtive to compensation of certain officers." For the proposed amendment to article twelve, ** oath of office." For the. jnropoasd amendment to add a new artide to be known as article fifteen, '' relating to official corruption •" For the proposed amendment to add a new article to be known as vtiole sixt^n, '' time for amendment to take effect." ^ Baok of said balhyts shaU be counted as a voto cast for each proposi* Sach b«i. tion thereon not cancelled with ink or pencil, and against each propost-^ i^^onnt^ tion so. oaDcelled; and retnrBS tbareof shall be nutde accordingly by ed. uupeotors of election and canvassers. The said ballot shall be indorsed '' Constitntional Amendments." meS^ And all the citizens of this State entitled to vote for Members of who maj Assembly in their i^eapeotive districts, shall be entitled to vote on the pJS^^^ adoption of the said proposed amendments during the day of election amend. ID the several election districte in which they reside. ments. S SL After finally closing the polls of such dection, the inspectors BaUota» ihersof shall count and canvass the ballots given relative to the said y^iSi^' Vopoaed amendments in the same manner as they are required by law to oanvasa ihfd ballots given for Governor, and tbereupon shall seti^own in writing the whole number of votes given for each of the said proposed amendments, in the word& in which said amendment is hereinbefore 450 LAWS OF NEW YORK. [Chap. 881. given, and the whole number of votes given against each of the said proposed amendments, in the words in which toid amendment is here- Certtacate mbefore given, and shall certify and subscribe the same, and canae th««oE^^ copies thereof to be made and certified and delivered as prescribed by law in respect to the canvass of votes given at an election for Governor. Votes, § 3. The votes so given shall be canvassed by the board of conntgr canvMsed cau^assers, and statements thereof shall be made, certified and signed, bycoanty and recorded in the manner required by law in respect to the canvass- cMvasB- -^g ^^ votes given at an election for Governor, and certified copies of certifl- the statements and certificates of the county canvassers shall be made, transmi^^ Certified and transmitted by the county clerks respectively, in the ted to manner provided by law in cases of election for Giovernor. The said cferiouAc. certified copies tmnsmitted by the county clerks, shall be canvassed by To be can- the board of State canvassers in the like manner as provided by law in sSSe cim- J"®®?^*^ to the election of Governor, and in like manner they shall make yassen. and file a certificate of the result of such canvass, which shall be entered Certifl- of record by the Secretary of State, and shall be published by him in snu to'be * ^^® State paper, and in the paper designated by the several boards of JSiSSl^^ supervisors to publish the session laws, or which may be designated by office of said boai*d to publish said certificate, and in any county in which such of staS^ designation is not made for the present year, in one paper published in and pab- cach Assembly district of such county to be designated by the Secretary 01 ocate* Secretary § 4. It shall be the duty of the Secretary of State to cause the said pnbi^h ^ proposed amendments to the Constitution, together with the form of am«nd- the ballot, as herein specified, to be published in the manner provided ibrmof^ for the publication of the certificate of the result of the canvass as pro- bauot. vided by section three hereof, at least twice prior tx) such election, but no neglect or failure to publish shall impair the validity of such election. Oliap. 331. AN ACT to amend an act entitled " A^ act to amend an act entitled ' An act to provide for the incorporation of fire insurance companies,' passed June twenty-fifth, eigh- teen hundred and fifty-three," passed April ninteenth, eighteen hundred and sixty-two. Passed May 6, 1874. The People of the State of New Tork^ repreeented in Senate and Assembly f do enact asfoUotos : Section" 1. The twenty-third section of the act entitled " An act to provide^for the incorporation of fire insurance companies ^ passed June twenty-fifth, eighteen hundred and fifty-three, as amended by an act entitled ^ An act to amend an act entitled 'An act to proyide for the incorporation of fire insurance companies,' " passed April nineteenth, eighteen hundred and sixty-two, is hereby amended by adding at the end of said section twenty-three the following: nraruioa Any insurance company incorpomted by or organized under the laws of uieDo- ^f ^^^ Dominion of Canada, for the transaction of the business of fire g^nof and inland navigation insurance, may deposit with the Superintendent may d». of the Insurance Department, for the benefit and security of policy-hol- BtooL. ^^^^ residing in the United States, a sum not less than two hundred thousand dollars, in stocks or bonds of the Dominion of Canada, or in OHARasa] NINBTY-SEVENTH SESSION. 401 itocks or bonds of the XTnited Stiites or of the Statue of New York. If other m- any secnrities other than those above named are offered aB a deposit they ^^^ may be accepted at sach yalnation and on snoh conditions as theSnper- accepted intendent of the Insnrance Department may direct ; and if the markefc intenSent valne of any of the securities which have been deposited by any com- 2^{.°«5J* naay shall decline below that at which they were aeposited, the Super- partment. iDtendeut of the Insnrance Department may call upon the company to make a further deposit so that the market value of all the securities deposited by any company shall he equal to the amount which it is reqnii^ to deposit. But such company shall in all other respects be sntjeot te subject to and comply with all the provisions of existing laws of this Sf^g iJf State relative to msurance companies incorporated by or organized other re. under auy foreign government transacting the business of fire and inland ^^®^' navigation insuiunce within this State. § 2. This act shall take effect immediately. Chap. 832. AN ACT to amend the general plank-road law and chapter four hundred and eighty-seven of the laws of eighteen hundred and fifty-one, relative to plank-roads in the town of Chesterfield, in the county of Essex, so far as it relates to plank-roads between the villages of Keeseville and Port Kent. Pi^ssed May 6, 1874 ; three-fifths being present. The People of the State of New Tork^ represented in Smote and AsserrMpy do enact as follows : Sectiok 1, The town of Chesterfield, in the county of Essex, is hereby Exception excepted from the operation of the provisions of section thirty-seven of town%f "An act to provide for the incorporation of companies to construct Chester- plank-roads, and of companies to construct turnpike roads," passed May seven, eighteen hundred and forty-seven, and from the provisions of l^etions one, two, three and four of chapter four hundred and eighty- 8e?en of the laws of eighteen hundred and fiftv-oue '^ as to the plank-road between the villages of Keeseville and Port tent"; and the provisions of said sections are hereby declared to be inapplicable to the plank-road between said villages, as to any plank-road or gaXe thereon, located, or which shall be located^ in said town of Chesterfield. § 2. This act shall take effect immediately. Ohap. 333. AN ACT to incorporate the Cotton Exchange Trust Company. Passed May 6, 1874. The People of the State of New York, represented in Senate and Assemblpy do enact asfoUotos : Sectiok 1. Frederick Zerega, John L. Macanlay, Pandelli Fachiri, CoTpora- Mayer Lehman, Alexander G. Black, Solomon Banger, George Blagden, ^'*' Ambrose Fachiri, Michael B. Fielding, Henry Hentz, Leonidas Colvo* 458 LAWS OF N£W YOB& [Gsap. im earessii Jsrad TJlItii»tt, and «ach other persona- aa aball hereafter become stockholders thereof are hereby created a body corporate under tlie name and style of '' The Cotton Exchange Trust Company/' for the purposes and 'with the powers and privileges hereinafter specified : and by that name said corporation shall have perpetual succession, and ma; be * and be sued in all courts of competent jurisdiction* Capital § 2. The capital stock of said corporation shall be five hundred thou-* stock. ^g^^ dollars, aivided into shares of one hundred dollars each, with the May be in- privilege of increasing the same to a sum not exceeding two million of oreaaed. doUare at any time, by vote of two-thirds of the board of directorsi with Books odf the consent of three-iburths of the stockholders. The corporators above Jj^rip- named in the first section of this act shall have power to open books o{ subscription to said capital stock, at such times and under such regula- Kofeioe tions as they shall prescribe ; and they shall give public notice, by pub- thereot lishing the same for ten consecutive ctays, in the New York Times, of the. time and place where such books of snbscnption shall be open ; and Wheneor. when one thousand shares of the capital stock shall have been sub- may ei"ct ^^ibed for and at least one hundred thousand dollars paid in^the stock- directon. holders paying the same shall, at a time and place to be designated by Knmber said Corporators^ proceed to elect not less than five nor more than thir- ^^'^ teen directors, to manage the affairs of said corporation for the first year and until others are chosen in their places, and as soon as said directdrs are chosen, said corporation may commence active business operations. Board of § 3. The stock, property and affairs of ^d company shall be maur tole^ho. ^'^^ ^y ^ board of directors consisting of not less than five nor more sen anna- than thirteen who shall be annually chosen from among the stock- ^^' holders at such time and in such manner and upon such notices as ^all vaoan- be prescribed in the by-laws of sakl company. All vacancies in said cjes^how board occasioned by death, resignation or othet*wise shall be filled by the remaining members from among the stockholders. Said board shall Presideiit elect annually one of their number to be president of said hoard, and oStoen!^ they may also select and appoint such other officers and agents as tbey may deem necessary for the transaction of the business of said company, and may prescribe their duties and fix their compensation* Said board By-uws. may also make and establish snch by-laws, rules and regulations not inconsistent with this act or the Constitution of the State as thev may deem advisable for the government of the officers, agents and employeet of the company and for the management of its business and affairs. Corpora. § 4. The Said corporation shall have power to accept and receive on receive^ deposit, any money, or on storage any property which any party to anj money on Contract for the purchase or sale of any cotton, may desire to deposit anS^prop. ^i^^ it as a margm upon any contract, or in performance thereof either e^ on Jn whole or in part, to guaranty for such compensation, and upon such Jkcf^^' terms as the boaiMl of directors may determine, the performance or com- Advances pletion of any snch cou tract; to make advances in cash, or by their ^pt-^' time acceptances on all property so deposited with or which may be ances. consigned to said corporation ; to collect and receive interest on all such Interest, advances not exceeding the legal lute, and also to collect and reoeive SonsTao. ^^^^ commission, charges for isWrage, insurance and factorage as may be agreed upon between the owneris, depositors or consignees oi such prop* Ut^ ad. erty, and this corporation for the services of said compa.ny ; and the said moneys or Corporation shall have power to advance moneys or credits upon bills of oreditiap- lading, receipts or certificates representing cotton in store, or in transit iw^l ^^ &om one portion of the United States to a&Qther, or to or from any *®» * _^^__^____ ____^__^..___ ___„_^___^____^_^ ••S«.l««risiiiaL Gbup.SM.] NDIKFr6ErrENTH 9ES8IOK 45)^ hreiga port, on sndi ierme as may be agmed npon bebreeo the borw ftywers and said corporation, but flrhall not charge interest for snob loans oradvaaiees ereeeding the rate allowed by law. § 5. In case any property depositod with said corporation^ upon whiofa when HIT advance by it shall have been made, shall, bttfore the maturity of ^[i^l^ aach contract, from any cause, decrease in value from the prioe origin SSS ftally fixed, said corporation may gire notice in writing to the owner of luoh property or his agent to perform the oonditiotis thereof or make pioA the deficiency caused by such decrease in value within the number at days for that pni^x>8e agreed upon, and in default thereof may sell and dispose of such property at public auction, and out of the proceeds thereof may retain the amount due Ofnder the contract, together with the costs, expenses and commiseions of sale. § 6. This company shall have power and authority on such terms as May r«. may be agned upon, to receive money in trust and on d^oeit, and to ^n|y ^^ allow and pay interest on said money at a rate not exceeding. seven per ^®g<{j^^ cent, and to give one or more certificates for any sum of money so mnt. deposited as may be most convenient for the depositor or depositors, or iepay the same upon the surrender of such certificates or certificates,* or upon check or di-afts, and to loan the same at an j rate of interest allowed May loan Vj law, but no rate of interest to exceed legal interest shall be charged ^^^^>i^** or received by said company in an v transaction. § 7. The saM corporation may borrow money and contract indebted- May bor- ness, and secure the payment thereof in such manner and to such extent ^^^^' n the board of directors may determine, and as they may deem neces- §<^^i^* iary for the prosecution and management of its business ; but the stock- ^ ^ lioiders of said corporation shall oe liable to the creditors thereof^ to Liauuiy the extent of the amount of the stock owned by them respectively ; and hoiden/ Ibid corporation may^ in addition to the powers hereinbefore conferred. May lease base or purchase, and hold or convey real estate for the following ohS'^ana purposes, to wit: First Such as shall be necessary for its immediate boidaad aocommodatton in the transaction of its business in one or more places ^^U- ia the city of New York and elsewhere, within't^ beyond the jurisdio* *»*«• tion of the State. Second. Such as shall be mortgaged to it in good &ith by way of security of debts. Third. Such as shall be conveyed to it in satisfaction of aebts previously contracted in the course of' its dealings. Fourth. Such as it shall purchase at sale under judgments, decrees or mortgages held by the oox-poration, or shall acquire to secure debts due the same. § 8. This act shall take^effeot immediately. Otiap. 384:. AN ACT to incorporate " The Home for Christian Care/'' Passed May 6, 1874; three-flfths being present. Tbe People cf the SkUe of New Tork^ represented in Senate and ^^^emUpf do enact aefoUou>8 ; Ssenoir 1. James Strlbnan, Stephen H. Tyng, Jr., Benjamin B. corpon. I*acock, Herman G. Clapp, Edward 0. Sampson, Benjamin C. Wet- *^"- inore, Melville Brown, James W. Alexander and Frank L. Moore, and tadr associates, are hereby constituted a body corporate, by the name •So In original. LAWS OF NEW YORK. [Chap. SSS^ CJorpor- ate name. Objects. Powers and priv- ileges. Mav take real estate by gift, CoRstita' tion and by-laws. Certain children maybe commit- ted to its care. Kay bind oat chil- dren. May snr- render . ohUd. of ** The Home for OhrJBtian Care,** for the purpose of the Teceptionj education, hoai*diDg, relief and Christian care of destitute or yiciotia children, and of destitute, sick, insane or yicious persons, and of the training of men and women in the management and care of such children or persons, and hy that name shall have and possess all the powers and privileges which, hy the third title, eighteenth chapter, first part of the Kevised Statutes, are declai'ed to helong to corporations; and shall have power to take by purchase, gift, devise or bequest, and hold, convey or lease real and personal estate for its use and purposes; such real estate, however, not to exceed one million dollars, the yearly income thereof not to exceed one hundred thousand dollars. § 2. The said corporation shall have power to make and adopt a con« stittition, by-laws, rules aud regulations for the management of its business and property, and the choice, powers and duties of its officers and agents, and rrom time to time to alter and repeal such constitution^ by-laws, rules and regulations. § 3. The several magistrates in the counties of New York, West*. Chester, Kings, Bichmond, Putnam and Queens, and the commissioners of the public charities and corrections of the city of New York, and the superintendents of the poor for said counties, are hereby authorized to commit and transfer to tne care and mangement of this* corporation such children or persons as may come under their jurisdiction and Tvho mav be eligible by this law and the constitution and by-laws of the said corporatioir. § 4. This corporation shall have power to bind out, by indenture, children committed to their care, as clerks, apprentices or servants, to some profession, trade or em{)lovment, but it shall always reserve to itself the right to cancel such indenture or contract of service at any time, upon an order of any magistrate having jurisdiction in the county where the child may be indentured or majr reside. § 5. This corporation shall have the right and power to surrender any child, at any time, to the proper person or authority, to be disposed of as shall be found best and right, and shall thenceforth be free from its support or instruction. § 6. This act shall take effect immediately. Chap. 335. AN ACT in relation to taxes in the city of Syracuse. ] Passed May 6, 1874; three-fifths being present The People of the 8t(ke of Neui Tork$ represented in Senate and AeeenMy^ do enact as follows : Sectiok 1. The common council of the city of Syracuse are herfeby authorized to vacate that portion of the assessment made, and tax levied, for the construction of a sewer in Fayette street, from Onondaga creek to Irving street, in* said city, as has been assessed upon the prop- erty and owners of property fronting on and adjacent to Washington street, lying east of the easterly line of Irving street, and to release said property and owners therefrom. § 2. The common council of said city are hereby authorized to assess opoa that portion of the expense of constructing said Fayette street sewer city At assessed as the city's share thereof, together with the amount of the various assessments vacated by the first section of this act, and also the Comraoii coanofl may va- cate tax. Kay as- MflSKlOh tax a the large. Chap. 336.] NINETY-SEyiafTH SESSION. 455 iBierest due from the city on moneys borrowed for the payment of the oo6t8 of constmcting said sewer, upon the city at large, in the manner now provided by law for making such assessment, and to levy and col- lect the same in the manner that taxes are now levied and collected by lav in said city, and when so collected^ to apply the same in payment (^the costs and expenses of constructing such sewer. § 3. This act shall take effect immediately. Chap. 336. AN ACT relating to the preservation of fish within the county of Cortland, State of New York. Passed May 6, 1874; three-fifths heing present The People of the State of New Torkj represented in Senate and Assembfy, do enact as foBUms: Section 1, Xo person shall at any time within three years, hetween FUhing. October fifteenth and June fifteenth, in each year, from the passage of ce^Vn this act, fish for, nor catch, either with hook and line or any other ™o"*JJi m^ns, trap or device whatsoever, any fish for any purpose whatsoever, JS? nor at any time within said three years, any hrooK trout, salmon trout, black bass, rock hass, Oswego bass, or pike, in any of the streams, ponds, or any other waters, within the limits of the county of Cortland, in the State of New York^ except that portion of Skaneateles lake, lying Exoep. within the limits of said county of Cortland ; nor shall any person kill, ^^' or have in his or her possession, any fish known by him or her to have been caught or taken from an^ such waters for an^ purpose whatever, irithin the time or times in which fishing is prohibited by this section. § 2. Any person violating the provisions of this act shall be deemed PenaitiM. Silty of a misdemeanor, and shall likewise be liable to a penalty of ten liars for each fish caught; and it shall be the duty of all sheriffs and ]>«^o^ ooDsfcables of each and every town in said county to see that these pro- £?v^* visions are enforced. § 3. All penalties imposed by the provisions of this act may be Penalties, recovered with costs of suit, by any person or persons, or the Cortland Sw^Sto Coant^ Sportsman Club, in his or their names, Wore any justice of the vx, peace m the said oonntv of Cortland ; and every such penalty, when collected, shall be paid, by the justice before whom recovery was had, to the overseer of the poor in such town, and shall by him be applied for the support of poor ; and the same process and means for collection of the penalties given by this act may be issued and had as are now allowed by taw for the collection of damages in action of tort § 4. None of the provisions of this act shall applv to private ponds Private ooBStrnoted for the propagation or preservation of fish in the county of S^^^^' Cortland aforesaid. § 5. This act shall take effect immediately. 456 LAWS OP NEW YORBL [Qiuv. 8»». Ohap. 337. . AN ACT to authorize the Coming, Cowanesque and Antrim Railway Company to extend their road and to acquire lands for the purpose of straightening their tracks. Pasfied Ktty 6, 1874. TAe People cf the State ^ New Torkf represented in Senate and Aaeemblyj do enact asfdliofoe : ' Company SecIio^ 1. Th« GoruiDg, Cowanesque and Antrim Bailway Company {^^' are hereby authorised, for the purpose of extending any branches from luiqiiire their railway to any point or points in the town of Erwin, Lindley and Sly! Ac. Coraing, in the oountv of Steuben, or for the purpose of alterins;, chang- ing or straightening their tracks, to purchase and hold, and also to acquire title to real estate or rights of wav, and to ascertain and appraise the damages thereof, in the manner and by the proceedings prescribed in an act to authorize the formation of railroad corporations and to regu- late the same, passed April second, eighteen hundred and fifty, and the amendments tnereto. May ex- § 2. The Coming, Cowanesque and Antrim Bailway Company are raSway!*' hereby authorized to extend and oonstrnct their railway and tracks Ao* * from Coming in the couatj of Steuben, into and through the county of Steuben to Cooper's Flams into and through the county of Chemung to Einiira, and into and through the oonnty of Schuyler to Watkius. MayboUd And for this purpose are authorized to build their railway across the mmaffcit' Chemung canal and feeder as may be necessary, and to construct and nai.&o. operate at their own expense suitable swing or turntable draw-bridges Bridges, and other bridges, for the passage of trains over said canal and feeder; said bridges to be constructed as to the time and manner of d<>ing the same, as the Canal Commissioner in charge of that work shall in the To be an- interest of the State require ; and said bndges ^en completed shall be ttoxVtet^ always under the general control aad management of the Canal Oom* BAioom. missioner in charge for the time being ; but all the expense of ereotinj^ Si. ^^' maintaining and opei^atiag said bridges shall be proyiued ft>r and paid by said railway oompany, and the rights and privileses giyeu by this act are subject to the proyisious of chapter one hundred an^ forty of the laws of eighteen hundred and fifty and the acts amendatory thweoC § 3. This act shall take effect immediately. Chap. 338^ AN ACT to release the right, title and interest of the People of the State of New York ia and to certain real estate of yyhich Dennis Minihan died seizedy to Ellen Minihan, widoyy of said said* Dennis Minihan. Passed May 6, 1874 ; by a two-third vote. The People of the Stale of New Tork» represented in Senate and Assembly 9 do enact as f Mows : Title of Sectiok 1. All the estate, right, title and interest of this State of, in toiMdstii ftud to all the real estate situate in the city of Utica^ county of Oneida^ ■ ■ ■ ■■ I ^. .. ■ ■ ■ I ■■ I ■ ■ ■ p •SointheoriflnaL CiiAP.840.] NINETY-SEVENTH SESSION. 4=57 in this State, whereof Dennis Minihan died seized, and more particularly trtiea re- described as follows : All those two certain house lots on the westerly ^®"®^- Bide of Miller street, in said city of XJtica, known and distinguished as lots nambers twenty-^ix and twenty-eight, in block H, on A. B. John- ion's map, made April, eighteen hundred and forty-nine, and filed in die office of the cleii^ of Oneida county July thirtieth, eighteen hundred and sixty-six. Said lots being each forty feet in front aud rear, and one hnndred and fourteen feet deep, as laid down on said map, be the same more or leis, witl) the appurtenances, being the same premises conveyed to said Dennis Minihan by George R. Perkins and wife, by warranty deed dated November twenty-eighth, eighteen hundred and seventy- three, and recorded in the Oneioa county clerk's office February five, eighteen hundred and seventy-four, in book number three hundred and forty-two of deeds, page four "hundred and forty-one, is liereby released to iWen Minihan, widow of the said Dennis 'Minihan, her heirs and assigns forever. § ^. Nothing herein contained shall be construed to impair, discharge ProTiso. or release any claim, right or interest of any bona fide purchaser, heir- at-law or creditor, by mortgage, judgment or otherwise, in the said real estate. § 3. This act shall take effect immediately. Chap. 339. AN ACT to legalise the acts of the commissioners of public works of the city of Rochester, and assessments made in pursuance thereof. Passed May 6, 1874; three-fifths being present The People of the Stale of New York, represented in Senate and Assembly ^ do enact asfoUotoe: Siicnoir 1. The validity of any act or proceeding of the commisBioners Acts of of public works of the city of Eochester or of any assessments made in eionen'of panimnoe thereof shail not be and is hereby declared not to be affected pnbUo by reason of Daniel Warner having acted as one of such commissioners ; J^^if" Md all' the acts, and proceedings of saoh commissioners and all the wsessiiients made in pursaance thereof are herebv oonfii*med and are declared to be and are valid and of full force and effect so far as the same may be affected by the said Warner's having acted as one of such commigsioners. § 2. This act shall take effect immediately. Chap. 340. AN ACT to punish persons personating memhers of police in the several cities of the State. Passed May 6, 1874; three-fifths being present The People of the State of New York, represented in Senate and Assembly^ do enact as fcUows: Sbction 1. Any person other than th^ members of the police depart- Topcraon- nient of any city in this State, who, with fraudulent design upon persons bSs^JfUie 30 ^^8 LAWS OiF NEW YOBJL [Chap. 242. poucea or property, shall, at any time, have, uae, wear or display the uniform , meanor. ^^ ^^7 P^^^ thereof, or any of the emblems,, signs, signals or devices adopted and used by an^ such police department or force, or falsely representing himself as being such a member, shall be deemed guilty of a PaniBh- misdemeanor, and shall be punished by a fine of not less than two hun- *^^^ dred and fifty dollars, or by imprisonment for a term not exceeding six months. § 2. This act shall take effect immediately. Ohap, 341. AN ACT to authorize the county clerk of Erie county to sign the record of deeds, mortgages, and other record of papers recorded in Erie county clerk's office, which were not signed by the former clerks of said county of Erie, and providing compensation for his services in that respect. Passed May 6, 1874 ; three-fifths being present The People of ihe State of New Tork^ repreeenUd in Senate and. AssefMyj do encuit as follows : qorkof Section 1. The Clerk of Erie conntv is hereby authorized to sign tymi^''"" ^he record of all deeds, niort^ages, and other papers recorded in the ^reo- clerk's office of Erie ooauty, which on^t to have been, but which were deads* Ao. not signed by any of the former clerks of said county; proyided, each of such 'i*ecords is a complete and perfect record, with the exception of the signature of the clerk thereto, and the signature of the clerk thereto shall have the same force and effect as though said records had been signed by the said former clerks. Hia com- § 2. The Said clerk shall receiye the same comnensation for such sign- pensaaoii. jjj^ ^ |g allowed by law to county clerks for inaexing records of deeds aira mortgages, to be audited and allowed by the board of anpervisora of the county of Erie. Dedao. § 3. The said board of superrisors of Erie county are hereby anther- fecS«^r- ^^^ ^ deduct from any moneys due from Erie county to James H. meroierk. Fisher, late clerk of Erie county, for fees or services as such clerk, the amount which they may allow the present clerk of Erie county for signingrecords, left unsigned by the said James H. Fi«her as such clerk. § 4. This act shall take effect immediately. Cliap. 342. AN ACT to authorize the .]:ail|:pp>d oommissioners of the town of UnadiUa, in the county of Otsego, to borrow money and issue bonds, to redeem and pa^ the outstand* ing bonds of the said town. Passed May 6, 1874; three-fifths being present 77ie People of the State of New York, represented in Senate and Assembly^ do encuit as follows : B*orojid Section 1. Within three months before the principal sum upon any Sonmof bonds which have been issued by the railmad commissioners of tne town CttAP.343J NINETT-SEVENTH SESSION. 459 of Fnadilla^ in the county of Otsego, to enable said town to sabsoribe the town for and take stock in the Albany and Snsadehanna Railroad Company, ^ may^ shall become due, it shall be lawful for the railroad commissioners of bonow the said town to borrow snffioient money, on" the faith and credit of said and re- tovn, to enable them, wiA such other means as they may have, to pay ^^ and redeem snch present ontstanding bonds thus becoming due witnin such three months. ^ § 2. The railroad commissioners of the said town are hereby author- MayteM ized to issue and sell, at not less than par, the bonds of the said town, ^^^ fmiei by them as such commissioners, and countersigned and approved of by the supervisor and town clerk of the said town, for the amount vhich it shall be necessary to borrow under this act, which bonds shall wben he made payable at such times and places as the said commissioners p*^^^^'^* shall determine, and not more than fifteen years from date, with interest at seven per cent per annum, payable semi-annually. § 3. The said commissioners sliall use and apply all the moneys which ptoomiU, they shall raise bv the sale of snch bonds toward the payment and ^^^.^ redemption of such outstanding bonds of said town as may first there- after become due. § 4. All the provisions of law applicable to the present outstanding sxistinf bonds of the said town^ not inconrfstent with this act, shall apply to SHIw il!p! the bonds issued and sold under this act, after said bonds are issued and pUoaiiie. sold as herein provided. § 5. This act shall take effect immediately. Chap. 34:3. AN ACT to authorize the Cary Cemetery Association to acquire additional lands for oemetery purposes. Passed May 6, 1874. The People af the State qf New Tark^ represented in Senate and AaeenMyj do enact (ufo&owe: SEcrrox 1. The town of Oakfield in the county of Genesee is hereby T^wnof anthorized to sell and convey to the Cary Cemetery Association in said 2SSo?-* town, and the said Cary Cemetery Association is hereby authorized to leed to • acqaire, take and hold, the burying ground adjoining the land which undf2^ the said association now hold, and may use and improve the same in the ^^^^' 8une manner, with the same privileges and for the same purposes as con- sooIatioB. templated by the act entitled ''An act authorizing the incorporation of ninu cemetery associatiotis," passed April twenty-seventh, eighteen hun- dred and forty-seven, and the acts amandatdry thereof. S^ The owners of lots in said burying ground shall have the same nghtior privileges and rights, and be subject to the same bj^laws, as aie ihe own- '^.®'^* ers of lots in the said Cary Cemetery Association. § 3. This aot shall take efiect immediately. 460 LAWS OP NEW YORK- [Chap. 346. Chap. 344. AN ACT to legalize the official acts of William B. Tan- ner, as notary public. Passed May 6, 1874. Th£ People qf the State cf New Tork^ represented in Senate and Assembly y do enact as follows : Official Section 1. All the acts of William fi. TaDoer, residing in Medusa, S^SfgiS- Albany county and State of New York, done as notai-y public from ised. Mai'ch thirtieth, eighteen hundred and seventy-three, to March eigh- teenth, eighteen hundred and seventy -four, are herebv le^Iized and confirmed, so far as said acts would have be^n valid if the said William R Tanner had been a duly appointed and (qualified notary public dur- ing said period; but nothing herein contained sball affect any action or proceeding now pending m any court of this State, g 2. This act shall take effect immediately. Chap. 345. AN ACT in regard to publishing the account* of incorpo- rated villages in this State. Passed May 6, 187^; three-fifths being present The People of the State of New Torkf represented in Senate and Assembly y do enact asfoUows : Tnsteee SECTION 1. It shall be the duty of the board of trustees of each of the Mratea incorporated villafi;es of this State to cause to be published, once in each ▼uupsto year, and twenty aa^s next before the annual meeting in at least one SnnaaUT public newspa{)er printed in such village, a full and detailed account of detatted all money receivea by them, or the treasurer of said village, for the ^^ona^B account and use thereof, and of all money expended therefor, giving the JJjyJj^ items of expenditu)*e in full. Should there be no paper published in pended. said village, they shall be required to publish the same by notice to the tax-payers, by posting in five public places in said incorporated limits. Debt § 2. Said annual report shall also state the funded and floating or temporarv debt of said village. § 3. This act shall take effect immediately. Cbap. 346. AN ACT to confirm the title of certain lands in the town of Newtown, Long Island, to the Newtown Young Men's Christian Association, and to release any claim of the State therein. Passed May 6, 1874 ; by a two-third vote. The People cf the State of New York^ represented in Senate and AssenMy^ do etiact as follows : Tiueof Sectiok 1. All the estate, right, title and interest of the People of totendain ^be State of New York, of, in and to the pi^emises conveyed, or so * So In original. Cbxp. 347.] NINETYSEVENTH SESSION. 461 intended to be, by the surviving trustees of ** The First Baptist Church Newtowa in Newtown ** to " The Newtown Yomi^ Men's Christian Asssociation/' JS!"*** by deed dated December nineteenth*, eighteen hundred and sixty-six, and recorded in liber two hundred and sizty^one of conveyances, page four hundred and eleven, in the office of the clerk of Queens county, is hereby released to and vested in the said " The Newtown Y6ung Hen's Cnristian Association " their successors and assigns forever. 1 2. Nothing herein contained shall release, discharge or impair any ptotIm. ngtkt, claim or interest of any creditor by mortgage or judgment, or of toy heir-at-law or devisee in said real estate. I 3. This act to take effect immediately. Chap. 347. R AN ACT to provide for the recording of certain deeds and mortgages in Queens county. Passed May 7, 1874; three-fifths being present. Hie People of the JS^ate of New Tork^ represented in Senate and AeeemblpjdoenactcLsfoUows: Section 1. The clerk of Queens county is hereby authorissed to oext or transcribe into proper books, similar to the books in which records of SSSfw •• deeds and mortgages are now made in his office, all records of deeds ti«]i8crib« and mortgages of real estate recorded in the offices of any town clerk in Kcoida, said county and not already recorded in his office, and to prepare proper ^• indices of the same. And the several town clerks in said county are directed to deliver to the county clerk of the said county, all records in their oflBce for the purposes of this act The records transcribed as Tnns- provided in this act, or a transcript thereof duly certified may be read ^^^ m evidence with the like force and effect as the original conveyance or oopiee instrament ^tSSSoe, § Z. The board of supervisors of said county of Queens are authorized Board •/ and directed to fVirnish to said clerk, at the cost of said county, all SSfS^ite- books, jMpers and materials necessary to enable him to perform the nish services in this act provided for. book»,4c. § 3. The said clerk shall be entitled to charge and receive, for his cierk'i services herein provided for, the same amounts now fixed by law for the ^SSnif recording of deeds and mortgages, which fees shall be chargeable against chaige. the county of Queens, and be allowed by the board of supervisors of said connty, and be raised at the same time and in the same manner as the general tax of the said county is imposed and collected. g 4. This act shall take effect unmediately. 4K$U LaiWS OF NEW YOBK. [CSoap. 349. Ghap. 348. AN ACT flupplementary to an act entitled "An act to pro- vide for the improvement of a certain highwfij in the town of Newtown, Queens county, and the city of Brook- lyn, Kingft county, and for the payment of property taken for such improvement," passed May seventeenth, eigh- teen hundred and seventy-two, and the act amendatory thereof, passed May sixth, eighteen hundred and sev- enty-three. Passed May 7, 1874 ; threes-fifths being present. » Th/R People of the /State of Neto Torh^ represented in Senate and AaeenMy^ do enact as fMowe : Cmnmis- Sbotion 1. Upon the petition of the owners of property lyin^ upon mayhap- ^^ ^^^^ ^^ ^^ Street or highway deacribed in " An act to provide for ply mon- the improvement of a certain highwaj in the town of Newtown, Quews StoTSS county, and the city of Brooklyn, Kings county, and for the payment '•^Jg^ ^ of property taken for such improvement," passed May seventeenth, eigh- £«!, 4n- teen hundi'ed and seventy ••two, between BasD wick avenue and the westerly Jjjjj^. bridge on said street or highwav, representing the majority of the prop- isiog. erty fronting on said street ana lying within a district of one hnndred street, ^^^ ^^ ^^^ ^-^^ thereof^ to the oommisaioners appointed under aaid aot, said • commissioners, are authorized to apply the moneys raised or to be raised, under said act and the act amendatory thereof, passed May sixth, eighteen hundred and seventy-three, for macadamizing said street from Bushwick avenne to the first or westerly bridge thereof, for the purpose of paving, curbing and guttering said street within said limits Additiim- instead of maoaoamizing the same; and there shall be raised and aiamoant expended by said commissioners, in the same manner authorized by said actSy.an additional amount not exceeding eight thousand three hnndred dollars for the purpose of completing such paving, curbing and gntter- Carriage ing« The caiTiag^ way shall be forty feet wide^ and all the work shall w%?^^ be done according to the specifications adopted by the city of Brooklyn MoneiTi £c)r paviug stre^t^ Such money shall be assessed^ levied, collected and MMeST paid over, in the same way as provided in said. acts for the amounts Ac ^thereby assessed on property in Kings county, excepting that such additional amount of eight thousand three hundred dollars shall be assessed upon the district hereinbefore mentioned, to wit: one hundred feet on each side of said stireet, between . Bush wick avenue and said ftrst bridge, and all the provisions of said daU^ so for as «pplicabl%afie herefaj made applicable to the acts of or by the authority of said commissioners under this act. CominiB- § 2« Said commissioners are hereby authorized to repair the easterly ■kNoiento bridge on said street or highway, over Newtown creek, at an expense inldge. not to exceed one thousand dollars. Said commissioners shall include Xzpense in their final report to the Supreme Court, provided for in the act of Uereof: eighteen hnndred and seventy^three to which this act is supplementary, a stat^nent of the expense of such bridge, and the necessary mone^ to pay the same shall be levied, collected and paid over as therein provided for the other expenses contained in said report Not to In- § 3. Between Brush wick avenue and the first or westerly bridge the i^noi. said commissioners shall not interfere with the railroad track of The CoAF.m^.] NmETT-SEVENTH SESSION. 4^68' Iforth Second Street and Middle Village Bailroad Company as now road operated by said company^ as to 14catiop| bat easterly of said first bridge ^'^^^ on said highway the northerly railroad track shall be taken up by said Bailroad nulroad use of the sHpd, ^ers and wharves of said city. , 8 3. This act shall take effect immediately. 4S4s LAWS OF NEW YOE^. [Chat. 351. Chap. 350. AN ACT further to provide for the payment of certain ^ certificates issued to the militia of the State for services in the war of eighteen hundred and twelve. Passed May 7, 1874; three-fifths being presenL The People of the State of New Tork^ represented in Senate and Aseembly^ do enact asfoUoios : Addition-^ Seotiok 1. The additional sum of one hundred thousand dollars, or so *rijSF'n' ™^^^ thereof as may be necessary, is hereby appropriated out of any ^ ^^' money which shall be in the treasury not otherwise ajppropriated, to bo apportioned, paid out and disbursed in all respects, as is provided in the act entitled ''An act to provided for the payment of certain certificate issued to the militia of the State for services in the war of eighteen hun- dred and twelve^ and wlKch certificates ai'e now held by residents of this State named therein,** passed May first, eighteen hundred and sixty- nine, and also as provided in an act entitled ''An act further to provide for the payment of certain certificates issued to the militia of the State for services in the war of eififhteen hundred aud twelve," passed April twenty-ninth, eighteen hundred and seventy, except as the same may be otherwise herein directed. Diatribn- § ^« ^^ making the distribution of the money hereby appropriated tion^how among the persons entitled thereto aforesaid, thei*e shall first be appro- made, priated and paid to those first entitled under the acts aforesaid, who have not received any money under either of said acts, a sum equal to ninety-one dollars and fity-two cents on each one hundred dollars of the respective certificates, ana the residue of the said sum shall be appor- tioned and paid to those entitled by the terms of the acts aforesaia and in the order in said acts prescribed. g 3. This act shall take effect immediately. Chap. 351. AN ACT to amend chapter three hundred and twelve of the laws of eighteen hundred and fifty-nine, entitled ''An act to equalize the State tax among the several counties in this State/' and to amend chapter three hundred and twenty-seven of the laws of eighteen hundred and seventy-three amendi^tory thereof. Passed May 7, 1874 ; three-fifths being preient The People of the State of New Torkj represented in Senate and AssenMffy do enact asfoUaws : Secttiok 1. Section fifteen of chapter three hundred and twelve of the lawaof eighteen hundred and fifty-nine, entitled ''An act to eqnidize the State tax among the several counties in the State»" being a section added to said act by chapter three, hundred and twenty-seven of the laws of eighteen hundred and seventy-three^ is hereby amended so as to read as follows : CfeAP. 851,] NINETY-SEVENTH SESSION. 465 1 15. Whenever any appeal so made shall not be sustained, the costs Appeal, and expenses arising therefrom and connected therewith shall be a^^^^^^ charge upon the town, city or ward so appealing, which shall be audited by the board of snpervisors, and levied upon the taxable property of said town, city or ward ; and whenever any appeal so made shall oe sustained, the Comptroller shall certify the reasonaole costs and expenses arising therefrom and connected therewith on the part of the appellant, and 8Qch amount shall be audited by the board of supervisors, and levied upon and collected from the towns and cities of the county other than those by which the determination of the appeal are accredited, by means of an excess of valuation. § 2. This amendment shall apply to all appeals under the act afore- Amend. fiaia that have been decided by the Comptroller since said chapter three Sf^jfi^J' hundred and twenty-seven of the laws of eighteen hundred and seventy- £> former three took effect, and the amount of costs and expenses that shall be •pp®*'*- certified under this amendment shall be audited and levied by the board of supervisors at the next annual meeting thereof after such costs and expenses shall be so certified. § 3. Section nine of said act is hereby amended so as to read as fol- lows: t9. The amount of State tax which each county is to pay, so fixed Amonnt stated by the Comptroller as aforesaid, shall be assessed by the ^^^ supervisors or other officers authorized to make the assessment of State axed by taxes in the tax roll for the calendar year, in and for which the same tJSier"!?" shall have been ascertained and stated by the comptroller as aforesaid, ^^2!d and shall be included in and collected by the annual collection of taxes ac ' in the several counties in the manner prescribed by law ; and if the board of supervisors or other officers autliorized to make such assess- Mandam- ment shall neglect or refuse to include and assess such tax, or any part of n^gi^t thereof, in said assessment roll, then the Comptroller of the State may orreiosai. immediately proceed by mandamus before any court having jurisdic- tion to compel the board of supervisors or other officers required to make such assessment to do the same or make a new assessment for the same;, which shall be collected as provided for the collection of other taxes. § 4. Section ten of said chapter three hundred and twelve of the laws of eighteen hundred and and fifty-nine is hereby amended so as to read as follows : § 10. The said State Assessors shall receive an annual salary of two salary of thousand five hundred dollars each, and not to exceed five hundred SS^SiSf" dollars each for other expenses, while engaged in the discharge of their official duties. § 5. All appeals that shall be hereafter brought under the provisions ah ap- of the acts hereby amended shall be to the State Assessors instead of ^f^^^ the Comptroller^ and as to such and all appeals pending under said act anesson. upon the hearing of which the Comptroller has not entered, the State Assessors are vested with and shall exercise all the powerS; and dis- charge all the duties, that by said act and the amendments thereof are vest^ in or imposed upon the Comptroller, in lieu of said Comptroller, and when any appeal shall hereafter be brought, a notice of such appeal Kotice shall be served on the State Assessors by filing the same in the office of ^'^^'^'^ the Secretary of State within the same time that it is now required to be filed with the county clerk. § 6. This act shall take effect immediately. 466 LAWS OF NEW YORK- [Chap. 858. Cliap. 852. AN ACT to amend an act entitled " An act relating to the preservation of speckled brook trout within the coun- ties of Tioga and Tompkins, State of New York," passed June twelfth, eighteen hundred and seventy-three. Passed May 7, 1874 ; three-fifths being present The People of the State of New Torkj represented in Senate and Assembly f do enact asfoUotos ': Section 1. Section four, chapter seven hundred and forty of the laws of eighteen hundred and seventy-three, is hereby amended so as to read as follows : Prohibi § 4. None of the provisions of this act shall apply to or affect the a^piyto*^ streams or waters upon the premises now owned or occupied by any indi* ^ivate vidual or individuals in said counties, especially used for the propaga- p»6nt. ^^^ hundi*ed and sixty-four, entitled '^ An act to amend an act entiUed * An act to provide for the incorporation of villages,' passed December seventh, eighteen hundred and forty-seven, and the several acts amen* datory thereof, so far as the same relates to the village of New Bochelle, in the county of Westchester," is hereby amended by adding at the end of article five of said chapter a hew section, to be known as section thirty-two, and which shall read as follows: ownento g 32. It shall be the duty of the owners and occupants of lands front- and kMp ing on any of the streets or avenues in said village to construct and Ceaf. 358.] NINETYSEVENTH SESSION. 469 keep in repair the cnrbs and gutters in front of their respeetiye lots, in in repair sach manner, and at snch times, and of such material as the said trus- ^^o^'* tees may, by a by-law, resolution or ordinance for that purpose, legally their lots, direct, and if any such owner or occupant shall refuse or neglect to con- in case of struct the curb or gutter opposite to or fronting on the lot or lots owned ntJS^tT' or occupied by him as aforesaid, when so directed to do by the said tms- tru»tecs tees, then in either case it shall be lawful for the trustees to cause such uie^a^l* curb and gutters to be so constructed or repaired, for or on account of *<>*>«<*»»•• the owner of such lots, and such owner and such lots shall be liable to pay the expenses of such construction or repaira, and all sums so expended unon any curb, not exceeding the rate of fifty cents per lineal foot; and ail sums so expended upon any gutter, not exceeding the rate EzpensM of fifty cents per lineal foot, in any one year, after being audited by the ueS?^'* trustees, by a vote of the board of trustees, shall thenceforth be a lien, aesessment, or tax to that amount upon every such lot, and thereupon Traateee it shall be lawful for the said board to issue to the collector of taxes and ^JJi^Jt * assessmente their warrant, returnable in thirty days, for the collection ^rcoii©o- thereof, out of the goods and chattels of the persons legally liable to pay ©t" '*" tiie same; and if such warrant shall be returned unsatisfied, in whole Lot may or in part, to advertise and sell such lot, in the manner prescribed in ^®»<>>«^- titles four and five of this act, as in case of sale for the non-payment of assessmenteandtaxes, and by the Revised Statutes in like cases; and the purchaser or purchasers, owner or owners, and his, her or their legal representatives, shall have the same rights and privileges as are given to them respectively, in and by the saiu title; all ^*ading for gutters or Grading, curbs to be done at the expense of the village whenever ordered to be constructed by the trustees of the village. § 2. This act shall take effect immediately. Chap. 358- AN ACT to amend section six of chapter seventy ^six of the lawB of eighteen hundred and fifty, entitled "An act to revise and consolidate the laws in relation to the village of Whitehall," passed March sixteen, eighteen hundred and fifty. Passed May 7, 1874 ; three-fifths being present. 2We People cf the State of New Tork^ represented in Seruxte and Assembly, do enact aef^Uaws : Section 1, Section six of chapter seventy-six of the laws of eighteen hundred and fifty is hereby amended by adding at the close thei^of the following provisions : . ^.^5.^^^^^^^ of said village shall not contract indebtedness nor incur power of liabilities on behalf of said village, in any one year, exceeding in gross JJ^^JfiJJt*® the sum of five hundred dollars, until the moneys necessary for, and debt, applicable to, the payment of such indebtedness and the discharge of wch liabilities, have been duly voted at an annual or special meeting of Mid village, except that said trustees m^y contract indeotedness or incur hibilitieB for street purposes, until the amount of such indebtedness and liabilities shall equal the sum authorized to be raised as a highway »* by section sixteen of this act, as amended by chapter four hundred wd seventy-one of the laws of eighteen hundred and sixty-nine. 4:70 LAWS OF NEW YORK. [Chap, a«0. onreBo. §2. When at any annual dr special meeting of said village a vole nUseinon- ^^^^^ ^ taken on any motion or resolution to raise money, no person er. who sfaall vote thereon unless he was assessed on the then laat pi*eceding majvote. gggeggnje^^ roll of said village after its review and correction. Chap. 359. AN ACT to make further provision for the audit and pay- ment of the claims and expenses mentioned in chapter five hundred and eight of t^jie laws of eighteen hundred and seventy-two, being the expenses of conducting civil and criminal suits and proceedings growing out of the frauds upon the treasury of the city and county of New York. Passed May 7, 1874 ; three-fifths being present. • The People of the State of New York, represented in Senate anJd Assembly f do enact as fdUUnos : Board of SECTION 1. The hoard of supervisors of the county of New York ia •nfto^^ hereby authorized and required to raise, by tax, upon the estates, real e**1?"tS' *^^ personal, in the city and county of New York subject to taxation ^ ^ in the year eighteen hundred and serenty-four, twenty-five thousand dollars for the purposes hereinafter mentioned. Money to § 2. The Said sum of twenty-five thousand dollars, in addition to the topay^^ sums heretofore provided for by chapter five hundred and eight of the mentof laws of eighteen iiundred and seventy-two, and chapter six hundred and fees?^ thirty-one of the laws eighteen hundred and seventy- three, shall be applied to the payment of the liabilities and expenses for oounsel fees and otherwise, which have been oi* may be incurred by the Attorney- Oeneral and Charles O'Gonor, or under their direction, in the coudnct and posecatioii erf «uit8 and criminaf proceedings oonnected with or growmg out of the alleged frauds mentioned in said act^ chapter five hundred and eight of the laws of eighteen hundred and seventy-two ; said liabilities shall be adjusted and paid by the comptroller of the city of New York, on production of accounts therefor, duly certified bv the said Attornev*General, the said Charles O^Conor, and Samuel J. Tilden. § 3. This act shall take effect immediately. Chap. 360. AN ACT to authorize the paving of Bank street, betweeti West street and Thirteenth avenue, in the city of New York, with Belgian or Trap block pavem.ent« Passed May 7, 1674 ; three-fifths being present. The People of the Stale of New Tork^ represented in Senate and AssenM]/, do enact asfcXUms : commis- SscTiOK 1. The Commissioner of |Miblio wo^ks of the city of Neir pabu" ^^ York is b^:«by aathoriaed and directed to cause Bank street, betweea works to West street and TfairteeBth avenue, in die city of New Y" U^e d^te of .canoeiUation, tbe ^moi}u^t ]^d therefor^ ex^clusive of ^^.terest, a^d signed bvaueh com* il^ipper or jastjice of .the peace. S^ch bond9 so canceled sbaU be filed LAWS OF NEW YORK. [Ghap, 863. by the town clerk of said town in bis office, and a minute thereof entered by him in a book to be kept in such office for the pnrpose, snch entry to contain the amount of bond, its number, and time of cancella- tion, and amount paid therefor, exclusive of interest § 5. This act shall take effect immediately. Chap. 363. AN ACT to authorize the village of Mount Vernon to take^ hold and convey certain lands. Passed May 7, 1874; thi'ee-tiffchs being pi^^sent The People of the State of New Torkf represented in Senate and Assembly y do enact as foUotos : ysiiAgeor Section 1. The village of Mount Vernon in the town of Eastchester, Ymon Westchester county, is hereby authorized and empowered to take a EQthor- conveyance of, by deed of gift, and to hold the strip of land in said tale Mid village bounded southerly by the center line of First street^ northerly hoidund by the land of the New York, New Haven and Hartford JEtaili*oad Com- ^Sge, P&ny, easterly by the continuation of the westerly line of Second ave- Haycon- uue^ and westerly by Sixth avenue, and to convey the same or any part ▼ey same, thereof to the said railroad company for such consideration and upon Freiimin- such terms as may be agreed upon, and to enter into such preliminary teScL^fto. contracts with reference to such conveyance to said company as may lie necessary, and to contract with said company that no street or avenue other than Third avenue. Fourth avenue and Sixth avenue shall ever be laid out or extended upon or across any portion of the land so con- veyed, or upon or across the tracks of said company between the westerly side of Second avenue and Sixth avenue in said village. Nor Third and shall Said Third avenue, Fourth avenue or Sixth avenue ever be closed eoaeMior ^^ ^^J proceedings taken by said vilWe or other person or party to tiobo prevent the laying or extension of said avenues, or any or either of ^, them, across the land so conveyed, or alcross the tracks of said company, without a special act of the Legislature for that purpose first haa and obtained. § 2. This act shall take effect immediately. Chap. 363- AN ACT to amend an act entitled '^An act to facilitate the construction of the New York and Oswego Midland Railroad/' passed April fifth, one thousand eight hundred and sixty-six. Passed May 7, 1874 ; three-fifths being present The People of the State of New York, represented in Senate and Assembly y do enact as foUows : commift- Sectiok 1. It shall be the duty of the commissioners, with the money pi^haM P^^^ them in accordance with section eight of chapter three hnndred bonds. aud ninety-eight of the laws of eighteen hundred and sixty-six, to pur- chase the bouds issued by their respective town, village or city in aid of the construction of the New York and Oswego Midland IStailroadi CkAP.a«4.] NINETr^SSVENTH SESSION. 47B wlieathe same oau be parchaaed, at or below the par value thereof; ind if said bonds cannot be so purchased, then said commissioners if not, shall, within thirty days after the receipt of said money, invest the ^f^J^' same in State, city, town, oountv or villa^ bonds issued pursuant to ey. law of this State, United States bonds, or m bonds and mortgages upon unincumbered real estate within this State, worth, at least, twice the sam to be invested, exclusive of buildings, to be held by theni and sinUnc their successors in office, as a sinking fund for the purchase of said '^^^' bonds issued in aid of said railroad, at their par value, or for the isdemption of said bonds at their maturity ; and said commissioners invest- shall in like manner invest any and all interest which may from time torost?^' to time accrue on said securities, as a part of said sinking fund. 1^ When any bonds are purchased, as provided in section one of Bonds to this act, the commissioners shall cancel the same and cause them to be eli^^f j^d ffled in the office of the clerk of their respective county, in the manner flied. now provided for the cancellation and filing out of the coupons of said hondL § 8. This act shall take effect immediately. Chap. 364r. AN ACT to authorize the town of Caldwell, in the county of Warren, to issue bonds to raise money to aid in build- ing a court-house and other county buildings and to provide for the payment thereof. Passed May 7, 1874; three-fifths being present _^ __ _ _ ♦ The People cf the State of New Tork^ repreeented in Senate and AeeemJUy^ do enact ae fcUotoa : SsonoN 1. The supervisor of the town of Caldwell, in the county of soperviA- Warren, is hereby authorised to borrow on the faith and credit of said f/eS to^^ town, the sum of five thousand dollars. He shall issue bonds therefor borrow under his hand and seal as supervisor, payable in five years with interest and iuae annually, one-fifth part of the principal and the interest on all remain- bonds, ing unpaid on the first day of March in each year. Said bonds shall be Bonds to countersigned by the town clerk of said town. No bond or bonds issued t!^2i^^. in pursuance of this act shall be sold for less than the par value thereof. The moneys so borrowed shall be paid over to the county treasurer of said countj, by said supervisor, to be used and expended by and under How to be tke direction and authority of the board of supervisors of said county, «p«*^«*- in building a new court-house, jail and county clerk's office upon the lot in said town of Caldwell that the said board of supervisors may desig- nate; said town having authorized said indebtedness to be created by resolution adopted at a town meeting, held in and for said town on the woond daj of April, in the year eighteen hundred and seventy-two. § 2. Said supervisor shall, in each year duringsaid five years, report snperris- to the board of supervisors in the county of Warren, the amount of ^^aiuia- ?rincipal and interest to become due the ensuing year on said bonds. aUy u> ^he said board of supervisors shall include the sum so reported in the bo]?^^ tax'and warrant issued by said board for the collection of town, county <>»• and State taxe% in said town of GaTdwell ; and the same shall be leviea Tax. and collected by the collector of said town, and by him paid over to the 81 J474 LAWS OF NEW YOOEIE. [Qup. «6& fiuperrisor of said- town, and by him applt^ to the payment of said bonds. Town § 3. The said town clerk shall keep a liafc of all bonds conntersigned ke?p itot ^7 ^^^ isflned under this act, oontaining date and amonnt^ and when of bonds, payable, and shall record said list in the office of the town clerk of said town npon the book of town records us the same are issued^ sii|^«rrfft> § 4^ The said snpervisor diall annually, and at the meeting* of the ponfumn- ^aid of town auditors of said town from and after the time saw bonda aiiyto shall be issued iti pursuance thei^eof, and until all said bonds shall be ^2Ston paid, report to said auditors the amount of moneys received by him mon^ ^ under this act, from what sources and the disposition and application rooeived. thereof by him, with the vouchers therefor and said accounts shall be Tif pny audited by said board of town auditors, and »iy balance remaining in baiftBtceto g^j^ supervisor's bands shall be paid to bis saccessor in office for the use >or. of said town ; and said supervisor, before issuing any bonds under thia snpervis- aot, or borrowing any money, shall execute and deliver to said town a or'sbond. b^jj^ [^ the penalty of five thousand dollars with at least two suretieey to be approved by the board of town auditors of said town, eonditioped for the prompt payment by him of all moneys which shall be borrowed pursuant to the pi*ovi8ion8 of this act to said treasurer. And the super- riser of said town of Caldwell shall annually during the said five years in which said bonds are payable and before receiving anj moneys from the collector of said town under this act, execute and deliver to the said tdwn of Caldwell a bond with like sureties to be approved by tlie board of town auditors in the ipenal sum of five thousand dollars conditioned for the faithful application of all moneys paid him by said collector under this act to the payment of said bonds and the interest thereon. Money to § 5. In case said five thousand dollars, after being paid to the treasurer edtotho^' of said county, shall not be used for and toward building said county town^ buildings on said lot within two years thei-eafter, then said moneys shall "* • be refunded and paid over to the supervisor of said town for the nee snpervis- thereof; said supervisor and his successors, however, before receiving or'sbond. j;^^ game shall execute and deliver to said town a bond iu the penalty with the sureties and approval aforesaid conditioned for the faithiQl application of said moneys to the payment of said bonds and intei^t, and the balance thereof, if any, after the payment of said bonds and interest, to such other lawful disposition theniof, for the benefit of aaid town, as may be legally dii'ected. g 6. This act sh^l take effect immediately. Chap. 365. AN ACT to regulate .the quality, Bupply and price of illuminating gas in the city of Poughkeepsie, and for the protection of manufacturers and consumers thereof. Passed May 7, 1874; three-fifths being present. The People qf the /State of New Tork, represented in Senate and AeaerMy^ do enact aefoUowa : €Mm, ooai- SscTiON 1. Every person, corporation or company manufaoturing p^coof. ^^^ selling or fVirnishmg for compensation, illuminating nis in the city of Poughkeepsie, shall funiish to the consumers at the place where the gas is consumed, a gas which, used through a burner consuming five cubic feet per hour, shall be of a brilliancy or illuminating power equiy- Cbap. MS.] NIK£Tr«ETia?TH SE8SI0N. ^75 tknt to sixteen sperm candles, at a price not to exceed three dollars per thousand cubic feet for each thQvaaiid cubio feet of gas so furnished of sixteen standard candle power, the standard candle to be a sperm eandle coasoming one hundred and ibirtf-two grains per hour, tl^ light of thirty-two hundred Quch stt^ndard candles, burning one hour, to be considered one thousand cubic feet of gas. § 2« ninminating gas shall not be merchantable which has a mini- Memhant- mam valaeof less than si^^teei) candles; that is, a bnrner consuming Jefl^UKf fire cabic feet per hour shall give a light as measured by the photo- metric apparatus in ordinary use, of not less than sixteen sperm candles, each consuming one hundred and thirty-two grains per hour. § 3. Whenever it shall be proren that the quality of illuminating gas p«n«itiM famished by any corporation or individual in the city of Poughkeepsie, j£hjS^ is below thd staudard aaf fixed in the preceding sections, such corporation if*J^^J* or individual shall not be authorised to collect any compensation for SSiowthe the gH8 so furnished ; and the person or persons who shall so pwve •^adwd, before the mayor, recorder or any justice of the peace of said city, that such gas is not equal to the stanard* as herein established, shall receive a reward of one hundred dollars, to be paid by the corporation or individual so convicted of violating tl^ pro'vis^ns of this act, and such corporation or individual shall also pay the costs of that court in case €if conviction. ,g 4. Every gas meter supplied to consumers hy such corporation or Gasme- individuals shall bear a mark indicating the capacity of such meter and ^^- the date of its bein^ tested; and whenever any consumer .shall ^rove Penalty that the meter furnished him or her by said corporation or individual ^yj^me- is wrongly marked, said corporation or individual shall hot be authorized wn to collect any compensation for the ^ furnished such consumer during ]^iiSk^ the time that snoh m^ter has been m nse; that is, since the date of its bein^ teeted. § 5. Snch corporation or indvidual shall not be authorised to demand a Deposit, deposit of moi-e than five dollara in advance from any new consumer for J^f^' the first week, and after that the price of the gae used by the said con- may be gamers for the first weel* shall be the sum authorized to be so collected JS"*"^' in adyance, and such corporation or individual shall pay interest at ^ren per cent on all debits made imder the>provisions of this act g 6. The board of aldermen of said city shall have power to grant a License to Ueense to any such person, company or coloration to lay down pipAs Jj p*p®^ or mains in ^^id ese, Tbeodore R Hand, H. W. Carpenter, Henrv Wilson, Elisha G. ^^ Gray, Charles B. Stevens, and their assigue^ and all other persons who flhfltft become stockholders pnrsuant to this act shall be and they are hereby constituted a body corporate and politic, by the name of the Corporate "Oneida Horse Bailroad Company," for the purpose of oonstrncting, "•"•• and they are hereby authorized to construct and lay a railroad track or Corpora- toicks with necessary turnouts, sidings, and switches in and tbroush ^^^^to' ceiiain streets, roads and a?^iues in the village of Durhamville, Oneida ^^^^^^ and Oneida Castle, in the counties of Madison and Oneida, commencing '•**"•"• at the New York uid Oswego Midland Railroad depots in the village of sonteand Oneida» running westerly through Leonondoa and Madison streets to *«nn**^ Main street; thence southerly through Main street to the Seneca turn- pike ; thence easterly on eaid turnpike through the village of Oneida Castle, as far as the Oneida Community silk and trap foctory ; thence southerly through the highway to the main buildings of said Oneida Community. Also westerly from Main street, through Walnut street westerly to Seneca street ; thence southerly on Seneca street to the fair grounds. Also from Seneca tarnpike southerly to the cemetery. Also from Madison street, northerly through William street to Dur- liamville village; through South street to Church street to Broad street ; thence through Broad street to Canal street, near canal bridge. They shall first procure the consent of the proper village and town content of aathoriHes having control of said streets^ and nothing herein shall be j^^,^ construed as infringing upon the rights of any individual owner of aatbori- property on said line. The capital stock of said company shall not exceed seventy-five thousand dollars, to be divided into shares of one capital hundred dollars each. "*^^' § 2. The persons first named in the first section of this act shall con- Ffnt atitnte the first board of directors, who shall hold their office for one d2£^r such of their number as commis- they may select, shall be commissioners, whose duty it shall be to open Jl^l^^^^ booKS to receive subscriptions to the capital stock of said company, and rabeorip- to issue stock in accordance with law. ^*^' t4. Such railroad shall be constructed upon the most approved plan, pian of the said company shall keep the surface of the street inside the ^'^"^^ rails, and for one foot outside thereof, in good order. § 5. The cars to be used on such railroad shall be drawn by animal moUvs power, and shall run as often as the public convenience may require. P<)w6r. § 6. The said raiboad shall be divided into divisions^ as follows, Divisiona. namely: Division number first being all that portion of said railroad north of 4:78 LAWS OF NEW YORK. [CShap- 370* ' the New York Central and Hudson River Sailroad Company's south line through said William street in Oneida^ Aad in the village of Dur- hamville. * ' " ' * ' ' Division number second beinj; all that portion of said railroad south 6f said south line of said ^ew York Central and Hudson Biver Bailroad Company, on said William street, and in the corporation of Oneida and Maine line, on Seneca turnpike^ to 6aid silk and >trap factories. Division number three being all that portion of said railroad Ibetlireen said silk and trap factories and the knain buildings of said Oneida Community. Division number four being all that portion of said milroad between Seneoa turnpike and the cemetery. Fare. § ?• Not more than five cents shall be charged passengers for riding any distance within the corporation limits of Oueida» and not more than twenty-five cents for riding over the whole length of the road. Lic«ato. . § & The said company shall pay to the villace of Oneida an annual license of one dollar for each oar used upon said road. pqw«A» § 9. The said company shall possess all the powers and privileges, jgTUeD^es, ^q4 )d£ subjeot to lUl the provisions of the general railroad act passed April second, eighteen hundred and fifty, and the acts amendatoi^ , thereof, not inconsistent herewith, excepting the following sections, and any amendment thereof namely:. Sections twenty-seven, thirty-four. Annual tinrty-eight, forty and forty-four. The said company shall make an State en- ^^^^^ report to the State Eu|^neer and Surveyor of its business and gineer. ' afEairs in manner and form required by law. Chap. 370. AN ACT to release the interest of the People of the State of New York in certain real estate owned ' by John McKay, now deceased, in the county of Genesee, to Agnes Spark and Robert McKay^ Passed May 7, 1874; by a two-third vote. • The People cf the JS^ate qf New Tork^ represented in Senate cutd AaaenMy^ do enact aefcUowe : Title of Section 1. All the estate, right, title and interest of the People of to iiSSiMn ^^ ^^^ ^^ ^®^ York, in and to all lands in the conntv of Genesee OMoaeo and elsewhere in the State of New York, of which John McKay, late leiSieX " ^^ Batavia, in said county of Genesee, died seized, is hereby released to Agnes Spark, so far as safd lands or any inteifest therein were by the last will and testament of Said John McA^ay deeeailed> devised to said Tifleooii. Agnea Spark ; and to Robert McKay such of said lande or any interest ftdtted. therein as to which said John McKay, died intestate, and the title of said parties, respectively, in and to said lands as aforesaid, is hereby confin!ned in them, the same in all reipects as though each had been at the time of the decease of said John McKay, a dtisen oi the United States. Pityyiao. § 2. Nothing herein contained shall be so construed as to impair the right, claim or interest of any purchaser or any ol^ifeor, by moit^ge^ judgment or otherwise tn or to said real ^tate» § 3. This act shall take effect immediately. GBiP.STd.] NQIXTYSBVBKTH SBSSIQN. ^7^ Chap. 371. AN ACT authorising the supervisops of the town of Pitcher to receive, collect and use certain moneys belong- ing to said town* Passed May 7, 1874 ; threes-fifths being present The People qf the State of New Tori, repreeented in Senate and AxeenMyy do enact aafollotoa : Sbction 1. The saperrisor of the town of Pitcher, in the county of snpenrii. Chenango, is hereby authorized to receive and collect all unexpended Sfed tocSl moneys raised by said town for the purpose- of ipayin^ interest on any lectmoa- bcmdsof said town issued to aid the construction of any railroad, inS»^?bf^ whosesoever bands the same may be^ and to bring and pr^eecnte in the ^^^^^"^ name of said town any actions that may be necessary to collect the a^S to same ; and said supervisor is further authorized to use said moneys for ^^^^ thepnrposes for whi- day of April next, at eleven o clock in the forenoon, are hereby author- Cerdfl- ized to do so, and shall certifv the same by a writing to be by them ^^' subscribed and delivered to the attorney of said Seneca Indians, who shall file the same in the office of the Secretary of State. QnaiifloA- § 3. At the election to be held on the twentieth day of May next, as ^/'^ ^^' provided in section one of this act, all male Indians over twenty-one years of age, dwelling on said reservation and that have cultivated each for himself ten acres of land the past season, shall be entitled to vote. Annual § 4. Hereafter the annual meeting and election of trustees of said wheD°to society shall be held on the Tuesday after tbe first day of January in be held, each year on the fair grounds at eleven o'clock in the forenoon, and the trustees shall, every year at a regular meeting, appoint three inspectors of the next election, and may at any time fill any vacancy in their number that may occur by death, resignation or removal from the reser- vation ; and if at the time of the election on the twentieth day of May next, or of any subseouent election one or more of the inspectors shan be absent then the lire-members of said society then and there present shall, and may by a majority vote, appoint another or others in his or their stead. § 6. This act shall take effect immediately* CttAP. 377.] NINETT-SEVENTH SESSION. 481 Chap. 375. AN ACT to regulate the fare upon the Amsterdam Street Railroad, and the weight of rails to be used by them. Passed May Sy 1874. 5%e People of the State of New Tork, represented in Senate and AsseTrMy, do enact as follows : Secxiok 1. It shall be lawful for the Amsterdam Street Bailroad wei«rht of Company to lay down, and use in the operation of its road, an iron rail ^^^^ of a weight not less than twenty-two pounds to the lineal yard. § 2. it shall be lawful for said company to charge as compensation Fare, for carrying passengers upon said road a rat« of four or not more than five cents per mile, or for any distance less than a mile. Chap. 376. AN ACT to amend ** An act to revise, amend and consoli- date the several acts in relation to the village of Salem, in the county of Washington," passed April seventeen, eighteen hundred and fifty-one, and the several acts amendatory thereof. Passed May 8, 1874; three-fifths being present. The People of the State of New Tork^ represented in Senate and AsaenMj/j do enact as foUows: . Section 1. Section eighty-one of an act entitled *'An act to revise, Fees of amend and consolidate the several acts in relation to the village of ****"*®*°'* Salem, in the county of Washington," passed April seventeen, eighteen hundred and fifty-one, and the several acts amendatory thereof, is hereby amended so as to read as follows : § 81. The collector shall receive for his services the same fees as are P6«sor allowed by law to town collectors for similar services; in all cases such *ro«"*'«f* fees to be paid by the person against whom the tax shall be assessed. The treasurer shall receive one per cent, on all sums received and disbursed, one-half for receiving and one-half for paying, not, however, to exceed the sum of fifty dollars per annum, to be audited by said board, and paid oat of the contingent fund. % 2. This act shall take eflTect immediately. Chap. 377. AN ACT in relation to the Wallabout improvement in the city of Brooklyn. Passed May 8, 1874; three-fifths being present The People of the State of New York, represented in Senate and Assembly ^ do enact as follows : Sectiok 1. The commissioners heretofore appointed in and by an act Oommis. of the Legislature of the State of New York entitled " An act for the in^Zj 4SQ LAWS OP NEW YOBK. [Chap. 377* ortobnud improTement of lands in and near the Wallabont bay in the citj of ^'^^ Brooklyn, and for laying out and constructing « basin, dock and streets therein," passed May eleventh, eighteen hundred and sixty-seven, together with the mayor of the city of Brooklyn, are hereby anthorised and directed to construct and build docks on the northeasterly side of the Kent avenue basin between the centre line of Wilson street and the southeasterly end of the northeasterly abutment of the bridge at Wash- Line ington avenue* The said docks to be built and constructed on a line thereof. ^ follows, viz : To commence at the northwesterly end and terminus of the present new docks recently constructed on the northeasterly side of the said Kent avenue basin by the said commissioners, at or near the center of Wilson street and to continue and run in a straight line from that point in a northwesterly course and direction to the northeasterly abutment of the bridge at Washington avenue, as it now exists, and to a point on the southeasterly end of the said abutment and back from the face of the said abutment a distance not less than ten feet nor mors than twelve feet as may be deemed best by the said mayor and commis- Bzistiiig sionera ; and the said mavor and commissioners are further authorized cribVand ^^^ directed to remove ^fl d^cks, cribs, pilee aod any and every obstruc- other ob- tiou and obstructions of every kind and nature whatsoever extending mi^^be re- into said basiu outside of the line of the docks to be built and construo- moved. (ed Under the provisions of this act as heretofore described. No piling or obstruction of any kind shall be set or suffered to remain outside of said docks when finished. The said line of docks when built and finished on the line heretofore described sliall form the northeasterly line or side of the said Kent avenue basin between the points before mentioned. The said commissioners and mayor are further authorised to remove such portions of the docks and bulk-heads now existing between the oentie of Wilson fitreet and said bridge abutments, as may be necessary so as to build and complete the new docks as set forta under the provisions of this act and to do'all the necessary dredging for the removal of said docks and other obstructions and to deepen the water to the depth of fifteen feet at high water in front of the aocks hereby authorized to be constructed. Expenses, § 2. One-half of the cost and expenses of the removal of the docks to be^plud ^^^ obstructions now existing and of the construction of new docks as by proper- set forth under the provisions of this act, shall be borne and paid for by ty owners, ^j^^ owners of property fronting on the northeasterly side of the sai^ Kent avenue basin between the centre line of Wilson street and the How pro- easterly side of Taylor street, and such costs and expenses shall be pro- ^edibr, yided for in the first instance and thereafter assessed and paid by said i)roperty owners in the same manner as provided in and by chapter five lundred and forty-eight of the laws of eighteen hundred and sixty-eight, entitled " An act to amend an act entitled An act for the improvement of lands in and near the Wallabout bay in the city of Brooklvu, and for laying out and constructing a basin, dock and streets therem/' passed May eleventh, eighteen hundred and sixty-seven, passed May second Residneto eighteen hundred and sixty-eight. The rest of the oosts and expenses the^^^ for all the works and improvements to be done, and provided for under uige. the provisions of this act, shall become and form a part of the expense of the Kent avenue basin improvemeni^ and shall be paid for by the city at lar^e in the same manner as provided for in the last-namea act, provided that the total amount of expenditure, for work to foe done under this act shall not exceed the sum of ten thousand dollars. Improve- §3. The said commissioners and mayor shall proeeed forthwith* to w£a to the oompletiooL of the WaHabont improfemeni as pitovided by this aot^ Chap, 879.] NINETY^SEVENTH SESSION. ^BS and ab»ll on or before tbe first day of August^ eigbte^ hundred andbeoon^ ie7eiit;-foiir» deliver poseeaaion of all docfee, wharves* faasinay etreet6> ^^^ hridgee or other works of said improvemeats to the city of Brooklyn^ file SH books, papera» documents or maps in reference to the same, with the board of city works, pay over to the city treasurer all unexpended balaaoes and moneys received fi*om wharfage or from any other source in connection with said improvement, and i*emainingin their possession •ad make a full and final detailed repoi*t of their acts and expenditures fiboe their last report with the items thereof in detail, the persons to vhcMii payments were made and the vouchers therefor. § 4 All acts and parts of acts inconsistent herewith are hereby repealed. § 5. This act shall take effect immediately. Chap. 378. AN ACT to legalize and authorize the town of Westches- ter, in the county of Weetcheater, to raise money to alter and improve their &:e engine. Passed May 8, 1874; three-fifths being present. Z%e People af the State of New York, represented in Senate and AesenMj/f do enact a^ follows : SsGTiOK 1. The action of the annual town meeting held in the town Action of of Westchester, in the county of Westchester, on the thirty-first day of JJ^^J^^^ March, one thousand eight hundred and seventy four, at which a resolu- legaUMd. tion was passed to raise the sum of twelve hundred dollars on the taxable property of said town of Westchester, to alter and improve flre engine number one of said town, is hereby legalized and confirmed. § 2. The board of supervisors of the county of Westchefifter 6hall, at Board of Uieir next annual session, add the amount directed to be raised by the or?toiw. preceding section to the sum required to be assessed upon the taxable »«« f)roperty of the said town of Westchester, and the same shall be assessed, 5^^ evied and collected in the same manner and in the same proportions as ^IJ3(S«». are other expenses of the said town. tor. § 3. The money thus collected shall, by the receiver of taxes of said Money, town, be paid over to the supervisor of the said town, who with Marvin SppiiSi!*^ fi. Baxter and Martin H. Oulvin, two of the members of said fir& engine company, shall immediately apply the same to the alteration and inipro?eraent of said fire ^^tie. § 4. This act shall take enect immediately. Ohap. 879. AN ACT reg^ulatiiig the payment of accc^unta by the 'Oonty treasnaret of the county of Renssehier^ audited by the bond of supenriaors of said couaty . Passed May 8, 1874; three-fifths being pnesest. The People of the State of Neie York, represented in Senate and Aaemiip^ do enaot me foUows : Segtiok 1. Upon any account, bill or eiaim being audited by thecierkor bejted of sopervisors of Bensselaer ooaaty, it shall b« the dnty of the ^^^*{^ (dflork celve sftl- ary inUen of fees. May ap- point po- lice om- een. Jmi6 AN ACT to amend an act entitled ** An act to provide for the enrollment of the militia for the organization of the national guard of the State of New Tork, and far the public defense, and entitled the Military Code. Passed May 8/ 1874 ; three-fiftbs being pnesent The People of the State of Neto Tork^ represented in Senate and AsBenMy ^ do enact a^foOmoe: Sectiok 1. Sections twenty-five, one hundred and sixty-seven and one hundred and ninety-six of chapter eighty of the laws of eighteen hun- dred and seventy, entitled " An act to amend an act entitled^ An act to provide for the enrollment of the militia, for the organization of the xiational guard of the State of New York, and for the public defense, and entitled the Military Gode'^ are hereby amended so as to read as follows : t25. The Adjutant-Qenera] shall have the rank of major-general, AcUntant- in the corps of adjutants-general there shall be an assistant adju- gS^JJJigi tant-general, with the rank of brigadier-general, and such acting assis- »ntjA& taut as shall be required may be appointed by the adjutant-general, with the approval of the Commauder-m -chief ; and' to each division an ' ^^_^ " — ^- -. J — . - - — , -r ~ • So itt Mitbiftl.' 488 LAWS OF NEW YORK. [Chap. 387. assistant adjntant-general, with the rank of colonel^ to be chief of staff; to each brigade an assistant adjutant-general^ with the rank of lieuten* ant-colonel, to be chief of staff; and to each regiment an adjutant, with the rank of first lieutenanL Salaries, § 167. The statfof the Commander-in*Chief ^except the Adjutant* tionan^ General, who shall be paid an annual salary of tnree thousand dollars expenaea. and his necessary expenses), and the assif tants in the several departments ^xcept the assistant adjutant-general whose salary shall be fixed by the Commander-in-Chief at such sum as he may deem proper, and not to exceed thirty-five hundred dollars per annum), in lieu of all compensa- tion and allowances heretofore provided by law, in time of peace, when upon actual duty under the provisions of this act, either at drills, parades, encampments, lake and sea coast defense duty, or otherwise, shall be paid such reasonable and jnsl compensation, not exceeding the full pav and allowances of officers of the same rank in the army of the Unitec[ States, as the Commander-in-Chief shall deem proper, and in no event to exceed the sum of twenty-five hundred dollars per annum, together with their necessary expenses and those of their departments, to be paid by the Stale upon the certificate of the Commander-in-Chief, showing a detailed statement of such services and expenses. Regiment- § 196. For the trial of non-commissioned officers, musicians and pri- taUon ^^ vates, the commandant of each brigade may, at any time, appoint a oonrtmar- regimental or battalion court-martial for an v regiment or battalion in ^^' his bri^de, which court shall consist of tne brigade judge advocate, except as provided in section one hundred and ninety-seven of this act. § 2. Section one hundred and ninety-seven of said act is hereby amended by adding at the end thereof the following words : " Which Vacancy, vacancy shall be filled by, or new court consist of, an officer of the bri- gade staff whose rank is not below that of a captain.^' . § 3. This act shall take effect immediately* Chap. 387. AN ACT relating to certain assessment proceedings in the city of Brooklyn, and providing for payment of work done thereunder. Passed May 8, 1874; three-fifths being present. The People of the State of New Tork^ repreeented in Senate and AeserMy^ do ^enaat aafoUotoe : No local Seotiok 1. No local assessment shall be laid or oolleeted for repairing Sf^^be Atlantic avenue, between Flatbush avenue and Classen avenue, in the uidforre- city of Brooklyn, except for the work petitioned for by the majoritjr^of iuimiSo the owners of property fronting gn said avenue ; and if any repairing ex^L assessment shall have been laid for other work than that so petitionea Ac. for before the passage of this act, then such assessment shall be and is AaMM- hereby ya^atea and set aside and such assessment shall be relaid in SktodT^ such manner, only that the expense of the work petitioned for ouljr Cost of shall be assessed. The cost of any such work done without such peti- ▼oriLtobe ^^^ therefor shall be included in the general annual taxes of said city, included in such year or years as may be deternuned by the board anthoriaed bj ^ sener j^^ ^ determine the sums necessary to defray the expenses and liabili- ties of said city for the ensuing calendar year. No atMH- 8 2. No local assessment shall be laid for the expense of removing SidfoV^' wi^rmains in said avenue, or engineering or inspecting expenses con- CttAP, 388.] NINETY-SEVENTH SESSION. 4881 ikected therewith ; and any amount included for such purposes in any moving local assessment heretofore laid shall be stricken out, and the amount ma£,Ao. of aaid local aflsessment, as so reduced only shall be levied and collected. The cost e6aid shall be collected in five annual installments^ with interest, be^|^^. Bamdy : The first installment shall be payable upon the eonfirmation ed hi in- «f aaia assessment; the second in one year thereafter. ; the third in two l^nts. jearB thereafter; the fourth in three years thereafter; and the fifth at the expiration of four years thereafter ; with each installment after the interest. SxBty interest to be collected upon the whole amount unpaid. And said Absom- aaeeasmentSy as so directed to oe laid, are h€;reby confiimed, and shall ^^i£^. he valid liens, and shall be laid and odleeted in the manner originally ed. provided by law, except as is herein otherwise provided. § 4. This act shall take effect immediately. Oliap. 3^-'8. AN ACT to inqorporate the South American Trading Company. Passed May 9, 18T4 ; three-fifths being present J%e People of the State of New Torkf represented in Senate and Aasembty^ do enact asfcUotoe : Section 1. William H. T. Hughes, Henry A- Blyth, Gleorge H. corpoiair Brewer, Townsend Scudder, and such other persons as may hereafter ^^"^ be associated with them, and their sucoessors, are hereby constituted a hody corporate under the nattie of the South American Trading Com- Corporate pany, to be located in the cit;^ of New York, and such company shall "*•"•• poasess and use all powers incidental to the transaction of the business, herein provided for. § 2. The business of the company hereby created shall be that of Basineai trading in and between the ports of the United States of America and piSy™' the various ports in South America^ and for the purposes thereof the said comnany ^hall have power to buy»sell, consign and receive consign- Corporate ments or sach goods, wares and merchandise as shall be needed by, or p*'^®'^ used in, or as may be the product of, either the United States or the rarioas oountries in South America; and for the pui-pose of developing the trade between these countries, the said company is authorized to bmy and own, sril, charter or take op such vessels as may be necessary in the transactions of their trade. § 3* The capital stock of said corperation shall be five hundred thou- Ciu^Uiai sand dollars, in shares of one hundred dollars each. Said company may ^^^'^' organize and proceed to business under its charter when two hundred when and fifty thousand dollars of the amonat of its capital shall have been mi!!^^^ labscribed and paid in, in cash. ganise. § 4. The corporate powers of said corporation shall be oiKercised by a, Board of board of five directors, who shall elect from, their number a president, ^r«<:ton- aod shall maka the by-lawa of said company ; and the parsons above syiawa. named as corporators shall be directors for tbie ficst year after the com- 32 490 LAWS OF NEW YORBL [Chap. 381 Annnal ■fiatoment of aflkin. To be filed. IndlTidoml lUbiUfy. Term of existonce. pany is entitled to do business, and nntil others are appointed or e according to the by-laws adopted by said company. § 5. The said corporation hereby created shall, within twenty da from the first of January in each and every year of its existence, ma! a statement of its affairs, showing the amount of its assets, and also i amount of its liabilities, which statement shall be filed in the office the clerk of the city and county of New York within twenty dctyB fro such first day of January, and unless so made and filed the stookbolde of said company shall be individually liable for all the debts thereof, i § 6. The corporation formed by this act shall continue for the period of thirty years, and .be subject to all the provisions of title three, chapter eighteen, part first of the Revised Statutes. § 7. This act shall take effect immediately. Corpor- ate name aadpow en. Board of directors, cUwslfica' UonoffAo. Addition, al powers. Chap. 389. AN ACT to amend and supplementary to an act to incor- porate the New York Eye Infirmary, passed March twenty -ninth, one thousand eight hundred and twenty- two, and the act amendatory thereof, passed April thnr- tieth, eighteen hundred and sixty-four. Passed May 9, 1874; three-fifths being* present The People cf the State of New York, represented in Senate and AaeenMpf do enaet as foUotos : Sbction 1. Section one of an act entitled "An act to incorporate the New York Eye Infirmary, passed March twenty-ninth, eiffhteen hundred and twenty-two," is hereby amended so as to read as foflows : § 1. Snch persons as now are, or hereafter may become, members of the said institution shall be and are hereby ordained, constituted aod appointed a body corporate and politic in fact and in name by the name of the " New York Eye and Ear Infirmary," and by that name tJiey and their successors shall and may have possession, and shall be in law capable of suing and being sued, pleading and being impleaded, defending and being defended, in all courts ana places whatsoever, in all manner of action and actions, suits, matters, complaints and causes whatsoever, and that they and their successors may have and use a common seal, and may change and alter the same at their pleasure, and also they and their successors, by the name and style of the New York Eye and Bar Infirmary, shall be capable in law of purchasing, holding and convey- ing real and personal estate, for the purposes of the incorporation and none other, which at any time shall not exceed the annual income ot fifty thousand dollars. g 2. The board of directors of the New York Eye.and Ear Infirmary are hereby authorized so to classify the members thereof, by lot or otherwise, that one-third of their number shall go out of office at each annual election ; that after such classification the next eleotion of directors shall be for persons to fill the places of those only whose term of office shall, by the aforesaid classification, then expire, and for the purposes of making such classification the number of airectors may be increased to twenty-four. § 3. In addition to the powers now possessed by the said infirmary it is hereby further authorized to treat and cure indigent persons afflicted with diseases of the throat § 3. This act shall take effect immediately. Gup. 390.1 ' NINETY-SEVEOTH SESSION. 491 Chap. 390. AN ACT to amend an act entitled '^An act to amend and coiiBolidate the Beveral acts relating to the preservation of moose, wild deer, birds and fish/' passed April twenty- sixth, eighteen hundred and seventy-one. Passed May 9, 1874; three-fifths being pi^sent Tke People of the State of New York, represented in Senate and AjKembfy, do enact cts follows : Section^ 1. Section one of the act entitled ''An act to amend and con- solidate the several acts relating to the preservation of moose, wild deer, birds and fish," passed April twenty-sixth, eighteen hundred and ieft;nty-one, as amended April twenty-ninth, eighteen hundred and Bereatj-two, is hereby amended so as to re^id as follows : § 1. No person shall kill or chase any moose or wild deer in any part no person of the State save only during the months of September, October and ^JJ^ ^^ Kovember in any year. No person shall sell, expose for sale, trap sport, deer, ex- or have in his or her possession in this State after the same has been ^f^n kilkd, anv moose, wild deer or fresh venison, save only during the months. mouths of September, October, November, December and January. No Fawns net person shall, at any time, in this State, kill any fawn daring the time ^^ ^ vken it is in ite spotted coat, or l^ave in his or her possession the carcass g'^'^^^. or fresh skin of such fawn after the same shall have been killed. No "™**»*®- person shall, in any part of this State, set any trap, Spring gnn or qther Use of device at any artificial salt lick or other place, for the jpuiyose of trap- Jjf*' Ingand killing any moose or deer. It shall not be lawful to pursue Pnrsninir eer with hounds in the countv of Steubem. It shall not be lawful for Knnds. &&J person to kill or cause to be killed any wild deer in the oonnty of in connty SalFolk, except from the first day of November until the fifteenth day ^^^^^^^ of Kovember in each year. It shall not be lawful for any person, at wy time, to kill or cause to be killed any wild deer while standing, talking, running, swimming or laying down in any of the waters, ponds or streams of the county ft Suffolk. Any person ofEendiug against AQy of the preceding provisions of this section shall be deemed guilty of A misdemeanor, and in addition shall be liable to a penalty of nfty dollars for each moose or wild deer or fawn so killed or pursued or trapped, aad for every spring gun so set^ or moose or wild deer or fawn stin or fresh venison had in his or her possession, and mt^y be proceeded against therefor im any county of the State in which the ofiender or proaecotor may reside. i 2. Section two of the act entitled ^'An act to amend and consolidate we Several acts relating to the preservation of moose, wild deer, birds and fi^h,** passed April twenty-sixth, eighteen hundred and seventy-one, as jmended April twenty-ninth, eighteen hundred and seventy-two, is hereby amended so as to read as follows : §2. No person shall kill or expose for sale or have in his or her pes- wud J^on after the same has been killed, any wild duck, goose or brant, ^JSJSJ* ^c. •^tweeu the first day of May and the first day of September, nor any ^oodduck between the first day of January and the first day of Sep- ^mber, under a penaltv of twenty-five doUai's for each one killed or had "^possession? S 3. This act shall take effect immediately. f 4L9{i LAWS OF NEW YORK. [Chap. 392. AN ACT esttezuiiaag the time for collecting taiaeEr in the village of Whitaey's Pmnt, ia the county of Biioome. Passed May 9, 1874; three-flfths beingf present The People of the State of New Yo/k^ represented in Senate and AssemU^iif do eneust a^foUenoa : If oouect- ' Sbcttiok 1. If the collector of the vi]hige of Whittfey'a Poi&t ia the o7OT*mon- c<>^wty of Broome, shall, within ten days after the passagOxQf this ao^ eys col- pay to the pro{>er officers all the moneys collected by him upon a tax fSii^8"bto roll and wan-ant issued to him by the board of trustees of said village ^n^.tfmo on the twentieth day of October, eij^hteen hundred and seventy-three, tion'of Sue and renew his bond to the satisfaction of said board, the time for the extended, ^^^^^^^i^n of said tax shall be extended to the first day of June next, ' and said tax so levied, and the balance of the sum to be so collected, is hereby declared to be lefi^al and valid, bat this act shall in no way affect any suit or legal proceeding commenced or now pending, for or against Said incor|[K)ration. § 2. This act is to take effect immediately. Chap. 392. AN' ACT to reappropriate moneys for construction of new work upon and extraordinary repairs of the canals of this State, and for payments of awards made by the Canal Appraisers. Passed May 9, 1874; three-fifths being present 77ie People of the State of New York, represented in Senate and ^Aeeembiy^ do eruict ae follows : Re-utpro. SJSCTioif 1. The Unexpended balance pf two million one hundred and ^ney'for ^^^^^7 thousand six hundred and fifty-six dollars, appropriated by act constrae- chapter seten hundred and sixty-seven of the laws of eighteen hundred newwork, A^id seventy, entitled *^ An act to authorize a tax of one mill per dollar uieoa^ of valuation of the year eighteen hundred and seventy, for constrnction naifl. of new work upon and extraordinary repairs of the canals of this State," Eassed May ninth, eighteen hundred and seventy, «nd reappropriat«d y act chapter five hundred and nine of the laws ,of eighteen hundred and (seven ty-two, passed May fourth, eighteen hundred and seventy- two, being the sum of two hundred and one thousand eight hundred and fifty-five dollars and nine cents, or so much thereof ae shall remain Unexpended on the fourth day of May, eighteen hundred and seventy- four, is hereby reappropriated to the same obiects on the thi«e divisions ' of the canals as at present constituted, namely : ■SutaBs, - F6r new work and extraordinary repairs on the eastern divieion, the diTiBioii. j^^ Qf seventy-five thousand one hundred and sixty-six dollars and " ieventy-fonr cents. Bnddie di-' EoT new work and extraordinary repairs on the middle division, the ^^^'^ sum of thirty-three thousand eight hundred and ninety-six dollars aaid sixty-six cents. C3HAP. 392.] NINETY^EVENTH SESSION. 498 For new work and extraordinary repairs on the western division, the wettern Bum of ninety- two thousand 9e%'en hnadred auj^ ninety-one dollars and not exceeding the sum of 'fivB thousand dollars^ which assesBi when made shall become a lien and'be enforced, and be made accord ing to the provisions of said act and the amendments thereto bemji contained. § 4. Section eleven of the act herein above entitled in the last pM» graph thereof, is hereby amended so as to read as follows: Neweom. In the event that new commissioners of awards dhall 'hare been o\ Sfawa^ ^^y hereafter be appointed under the provisions of this sectiooy «k bow to ' under such appointment shall be empowered and directed to make J mMiT new. appraisal, assessment and award of datnages in the eases for vfaid • not exceeding the sum of 'fivt thousand ' dollars, which assessment when made shall become a lien and'be enforced, and be made accord* iug to the provisions of said aot and the amendments thereto heveki contained. § 4. Section eleven of the act herein abore entitled in ttie last x)itra« graph thereof, is hereby amended so as to read as follows: New eom- lu the eveut that new commissionierB of awards dhall *h«ve been or ofatwM^ piay hereafter be appointed under the provisions of this section, and hffwto unaer such appointment shall be empowered and directed to make a ^^^iStSf" ^^^ appraisal, assessment and award of damages in the eases for which ^- ' thev may be -appointed, such commissioners of awaiiis, so as last afore* saia, are hereby required and directed to proceed to make such appf aisal, assessment ana awaid according to and under the provisions of seotion eight of the act herein first above entitled, except that said commissioners BeiMflts. of awards shall not be required to appraise or estimate the benefits which an^ person or persons, or parties owning property within the limits pre- scribed for td)e assessment and apportionment mentioned in said act and the amendments thereto, except only so far forth as may relate to the persons or property in respect to which such new commissioners of Beport of awards shall have been or may be appointed, and it shall not be necessary Bkm^'for ^^^ ^^^ commissioners for building said avenue to embody in the second bnUdiJig. report required to be executed and filed by them under Uie provisions of the section hereby amended, any matter or thing, except so far as the report of said commissioners of awards may change the report filed by said commissioners for building said avenne in purvuaace ctf section ten tvhen of the act hereby amended, and said last report, when so filed, shi^ be ^''^' final and conclusive upon all the parties interested, and as to whom ^d remipraisal, assessment and awara for damages shall be directed. Constrac- % 5. Nothing contained in these amendments shall be held tb afifect ^^^* the provisions of the act first herein above entitled, so far forth as said {)rovisions are extended to the building of said avenue south to the State ine, by an act passed April twenty-fourth, A«D. eighteen hundred and seventy-two, or the amendments to either of said aots as contained in chapt^ two hundred and seventy-four of the laws of eighteen hundred and seventy^three. § 6. This act isball take effect immediately. Chap. 396. AN ACT to release the interest of the People of the State of New York in and to certain land situated in the county of Queens to Alexander B. C. Cranston and confirming certain convejances made by him. Passed May 9, 1874; by a two-^hird rota ITie People qf the State cf New Torkf represented in Setiate and Aeeemblfff do ena(£ ae fcUows : Titte of Sectiok 1. All the estate, claim, right, title and interest of the fiS^i^ People of this State in and to those four lots of land mtuatedi lyinf and QaeeM being in the town of Jamaica, in the county of Queens, in the^tate 22SJJ ^ aforesaid, particularly described in two deeds firom Joseph "WiWe and Mary, his wife, to the said Alexander B. G. Oranston, one hearing date the tenl^ day of February, one thousand eight hundred andsoTenty^tirOi Ciup.397.] NINETT^EViaJTH SESSION. 4^97 uid recorded in tiie o£Sce of the clerk of the said county of Qneens in liber number foar hundred and twenl^y of deeds, at page four hundred aad fifty-five, on the twenty-third day of September, one thousand eight hundred and eeventy-three, and the other bearing date the eigh- teenth day of May, in the year one thoudand eight hundi*ed and seventy- two, and recorded in the said clerk's office in liber four hundred and twenty of deeds, at page four hundred and fifty-eight, on the said iv«nty-tbiid day of Severn ber in the year last aforesaid, is hereby rdeased to the said Alexander B. G. Cranston and to his heirs and assigns; and all incumbmnces by mortgage or otherwise by him given thereon are hereby confirmed. § 2. Nothing herein contained shall be construed to impair, release ProTiao. or discharge any right, claim or intei*est of any crq^itor by mortgage, judgment or otherwise or by any heir-at-law or devisee m said real estate. § 3. This act ^hall take effect immediately. r»> Chap. 397. AN ACT to release the interest of the People of the State of New York in certain real estate to John Waters and Catharine Waters. Passed May 9, 1874 ; by a two-third vote. The People tjf the State of New Yorky repreaented in Sencete and Assembly^ do enact cu follows: Sbctiok 1. All the estate, right, title and interest of the People of Title of the State of New York, acquired by escheat, by reason of the alienage of JJi^^JSJlii Patrick Waters, of, in and to certain real'estate situated in the town of Onekia Augusta, Oneida county, and bounded and described as follows, namely : ^SSS All that certain piece or parcel of land situated in the village of Oriskany Falls, town of Augusta, county of Oneida and State of New York, being part of lot number sixty-one, first Allotment of New Peters- burgb, boanded and described as follows, namely: Beginning in the center of the highway leading from the village of Oriskany Rills past the dwelling-house of John Uazard at the northeast corner of land now owned by the parties of the first part and uon occupied by Wil- liam Burlingame ; thence westerly on said Burlingame's line to land owned by Mrs. McGough ; thence northerly on said McGough's line to the center of a laneway leading past land owned by Ann Bell ; thence easterly in and along the center of said laneway to the center of the highway aforesaid ; thence southerly along the center of said highway to the place of beginning, oontainins one-half acre of land, be the same ®ore or less; and the said laneway above mentioned is not to be closed Ltnew» ttjp or in any manner obstructed, but is to remain open for travel asj^ DOW need,' is hereby released to and vested in John Waters and Catha- rine Waters, only children and heirs-at-law of Patrick Waters, deceased. . § 2. Nothing herein contained shall affect or impair the right or Provi«o. interest of any heir-at-law, devisee, grantee, judgment creditor, or mort- is* in or to the premises herein mentioned. § 3. This act shall take effect immediately. 498 LAWS OF NEW YORK. [Chap. 398. Ohap. 398. AN ACT to provide for the support of government and for other purposes. Passed May 9, 1874 ; three-fifths being present The People of the State of New Tork^ represented in Senate and Assembly^ do erwudC as fdOjowe : Appropri. SECTION 1. The 8evei*al amounts named in this act are hereby app . ation. priated and authonzed to be paid from the several funds indicat^ to the respective public officers, and for the several purposes specified, for the fiscal year begidniug on the first day of October eighteen hundr^ and seventy-four, namely : FEOM THB GENERAL FUND — EXECUTIVB DEPARTMENT. Goyemor. For the Govemor, for salary, four thousand doUarel. Private For the Private Secretary of the Governor, for salary, three thousand secretary. ^^^ hundred dollars. Clerks For the clerks and messengers in the Executive Department, for self^ra!' compensation, eight thousand two hundred dollars. Govern- For expeuscs of the house occupied by the Govemor, five thousand or'shonse. dollars. Fnmitare, For the Executive Department, for furniture, blank and other books Fncide^ uecessary for the use of the department, binding, blanks, printing, ais, Ac. stationery, telegraphing and other incidental expenses, two thousand five hundred dollars. Appre- For the Executive Department, for the apprehension of criminals «in2nl8.^P|^r8uant to part one, chapter nine, title one, section fifteen of the Fagitwes Bevised Statutes, one thousand dollars ; for the apprehension of fugi- JjJJ*^'"^ tives from justice, pursuant to part four, chapter two, title seven, section forty-five of the Revised Statutes, one thousand dollars. ^}^^ ' For the rent of the Governor's house, four thousand dollars. govern- ' or's hooM. JUDICIARY — COURT OF APPEALS. Jndgeaot For judges of the Court of Appeals, for salaries and expenses, pur- ofappeSto. s^*^* to chapter two hundred and tliree of the laws of eign teen hun- dred and seventy,* and chapter seven hundred and eighteen of the laws of eighteen hundred and seventy-one, sixty-three thousand five hundred dollars. Commifl- For the Commissioners of Appeals, for salaries and expenses, pursuant appeaL? to chapter two hundred and thi*ee of the laws of eighteen hundred and seventy and chapter three of the laws of eighteen hundred and seventy- three, forty-five thousand dollars, state re. For State reporter, for salary, pursuant to chapter five hundred and porter, foftv-oue of the laws of eighteen hundred and seventy-two, five thou- saua dollars ; and for clerical help to State reporter, two thousand dollars. Clerk of For the Clerk of the Court of Appeals, for salary, five thousand appeau. dollars. Depnty For the deputy clerk of the Court of Appeals, for 8alai7, three thou- ^^•^^ sand dollars. Messen. For the messenger to the clerk of the Court of Appeals, and the State ?'' Engineer and Surveyor (the same messenger), for nis annual salary, eight hundred dollars. n Chap, 398.] NINETY-SEVEimi SESSION. 499 For clerks in the ofSee of the clerk of the Court of Appeals, for sala- cieiics in liea, four thousand five hundred dollars. ^^^' For furniture, books, binding, printing calendar and other necessary Fnmi. expenses of the ofiBce of the clerk of the Court of Appeals, twenty-five ^'l^iing, kundred dollars. «<^- For compensaton of criers and attendants for the Court of Appeals cHen and and ComiDissioDers of Appeals, five thousand dollars. Sn^?^' For the clerk of the Commissioners of Appeals, for salary, thirty-five cierkof hnndred dollars. ICm'ot For compensation of the assistant clerk and messenger, and office appeals, expenses in the office of the Clerk of the Commissioners of Appeals, ^S!i[**Jo. twenty-one hundred dollars. SUPBEME COUBT. For Justices of the Snpreme Court, for salaries and expenses, twojndgesof hnndr»i and thirty-one thousand six hundred dollars. The stenograph- JoSrt™* ere provided for in chapter seven hundred of the laws of eighteen hun- stcnog- dted and seventy-one snail hereafter be paid by the treasurers of the "p**®"- respective counties from the court fund, or the fund from which the jurors are paid, upon the certificate of the presiding justice. For the expenses of the general terms of the Supreme Court, five Gener&i tlioasand dollars. *®"^- For the Attorney-General, for salary, two thousand dollars. ^nw^^' For the deputy Attorney-Oeneral, for salary, three thousand five hun- Deputy, ired dollars. For clerk and messenger, in the office of Attorney-General, for sala» cierk and lies, two thousand dollars. ^"^ For furniture, books, binding, blanks, printing and other necessary Fnrni- exwases of the office of the Attorney-General, five hundred dollars. ^ia, ao. For costs of suits, fees of sherifEs, compensation of witnesses, and for cosu/ &o, expenses and disbursements by the Attorney-General, two thousand iollars. For compensation of counsel employed to assist the Attorney-Gen- Connsei. enl, three thousand dollars. For expenses of the Attorney-General, pursnant to part one, chapter Expenses ^ght, title five, section six of the Revised Statutes, one thousand del- ney^n- lan,or so much thereof as may be proper; the amount to be certified f^ai. l)Jthe Governor. All costs adjudgea to the People of this State, in Costs ati- actions prosecuted or defended by the Attorney-General, mav be applied {JJ^Jo-*^ bj him, in his discretion, to any of the purposes for which appropri- pie. ationa are hereinbefore made in relation to his office, and the Attorney- General shall, at the close of each fiscal year, render to the Comptroller Accoant *n account of such costs received, with vouchers of such expenditures. ®'' OFFICE OF THE SECRETABT OF STATE. For the Secretary of State, for salary, two thousand five hundred secretaty dollars. ofstate. For the deputy Secretjiry of State, and clerk of the commissioners of Deputy, the land office, for salary, and for indexing and making marginal notes of the session laws, thirty-five hundred dollars; and no other or further ne-half thereof to be refunded to the ti^easnry, pursuant to chapter one hundred and three of the laws of eighteen hnudred and fifty* seven, and theother one-half thereof to be refunded to the treasury by the several insuranoe companies, associations, persons and agents, parsnant to chapter three hundred and sixty-six of the laws of eighteen handred and fifty-nine; and section five of said chapter one hundi^ed and three, of the laws of eighteen hundred and fifty-seven, is hereby amended so that hereafter but five hundred dollars of the one thousand dollars of salary therein allowed to the Treasurer, shall be charged to the Bankinc Department, and the other one-half thereof shall hereafter be ohargea to the Insurance Department as above specified. Depaty. For the deputy Treasurer, for salary, three thousand five hnudred dolla^rs. Clerk For clerks in the office of the Treasurer, for salaries, eight ttionsand ^^' dollara. Fnrni. For fumlturc, books, binding, printing, extra clerk hire and other iKK^kfl, &e. tieGeseekTy expenses of the office of the TraMurer, eight hnn&itd «k>UAr& BBFABTMENT OF PUBLIC HSrSTRXJCTIOK. Superin For the Superintendent of Public Instruction, for salary, five thou- ?«wS?in?' sand dollars. gtrnofeion. For the deputy Superintendent of Public Instruction, for salaiy^ i>epoty. three thousand dollars. Clerk For clerks in the office of the Sunerint^ident of Public Instruction, ^^' for salaries, eight thousand six hunaerd and seventy-five dollars. Fomitore, For fumiture, books, binding, blanks, printing and other necessaiy books, Ac. expenses in the office of the Superintendent of Public Instruction, one thousand dollars. STATE ENGIITEER AISTD SURVEYOR'S OFFICE. Depaty For the deputy State Engineer and Surveyor, for salaiy, three thoa- ^'^^Md *"*^ five hundred dollars, garveyor. For Compensation of clerks to assist in the preparation of nulroio Clerks to reports, twenty-two hundred dollars, and for the expenses of printing SlJSJi?* and binding said reports, five thousand dollars. The salary of the CiUR«»8^] NINETT-SEVENTH SESSION. 50I kfutj State Eogioaer and Surveyor, together with the oompensation To be re- •f the clerks aforesaid, and the expenses of printing and hiuding afore- ^^^^^ aid, to be refanded and paid by the several railroad companies in the Banner and form provided in chapter five hnndred and twenty-six of die laws of eighteen hnndred and fifbjr-five, and the several acts of the Legisiattire in relation thereto ; and in case of any default in the pay- Bient by the respective railroad companies of the amounts heretofore or kerea^r assessed against them respectively, under the acts aforesaid, ttie Comptroller is hereby authorized to issue his warrant for the collec- lion thereof in the manner provided in said chapter five hundred and twenty-six of the laws of eighteen hnndred and fifty-five. For clerks in the ofiice ol the State Engineer ana Surveyor, for sala- cierk hire lies, thirty-five hundred dollars. ^ *»"®*- For furniture, books, binding, blanks, printing and other necessary Fnrni- exnenses of the office of the State Engineer and Surveyor, five hundred bJJJ,, a©. mlarB. For James Hall as State Geologist, as compensation for authorship> stutegeoi- tile anperinteadents of dmwings and engravings, for clerk hire and the ^'^*^' use of working rooms for the arnuaging, labeling and distribution of the duplicate fossils and minerals as fixed by the Lieutenant-Oovemor, OomptroUer and Secretary of State, pnrsQant to chapter seven hundred and fifteen, of the laws of eighteen liunderd and seventy-one, tweuty- tve hnn&ned dollars. BAKKUra BaBPAETMEKT. For Khe Superintendient of the Banking Department, for salary, five aopwin. flionaand dollars, payable monthly on warrant of the Comptroller. SSJiSg**' Fof Compensation of deputy, clerk hire, furniture, books, binding, depart- 1)lanks, printing and other necessary expenses of the office of the Super- deputy, iutendent of the Banking Department, twelve thousand dollars. The *«• aforesaid salary, clerk hire and other expenses above indicated shall be To be re- itfmidad to the treasury by the several banks and banking assoeiations '^^®^- of this State^ pursuant to chapter one hundred and sixty-fbur of the laws oC eighteen hundred and hfty-one. IirSTTRANCE D1SPABTHBNT. For the Superintendent of the Insurance Department, for salary, snperin- wren thousand dollars, pursuant to chapter three hundred and twenty- {SJnranoif six of the laws of eighteen hundred and sixty-one, and chapter seven depart, hnndred and thirty-two of the laws of eighteen hundred and sixty- "*•"*• e»ht For compensation of deputy, clerk hire^ furniture, books, bindings c«rapen- bknkfli printing and other necessary expenses of the Insurance Depart- Sepni^w' nient, fifty thousand dollars. The aforesaid salary, clerk hire and other *c. expenses above indicated shall be refunded to the treasury by the several To be re- insurance companies, associations, pei^sons and agents, pursuant to*^^®^* Aapter three hundred and sixty-six of the laws of eighteen hundred &Qd fifty-nine. All fees and perquisites of every name and nature Fees, fto^ ^Wged, received and collected by the Insurance Departm^t, or any iJ^^tJe officer thereof, shall be immediately paid into the treasury. troaanry. STATI5 ABSBSSOBS. For the State Assessors, for compensation and traveling expense^ state aa- Eorsnaat to chapter three hundred and twelve of the laws of eighteen «*^"^»' nndred and fifty-nine and chapter seven hundred aBd sixty, laws of 504 LAWIS OF NEW YOKEL [Chap.3»8. the trial of Judges McOann, Prindle and Cartia, one kundred and twenty-fiye thousaad dollars^ or so muoh tliereof as may be neoesaary* STATB PRISOJf a, KfO. inmotore For the Inspectors of State prisons, for salaries to each of them, one pr^oBLJ^ thousand six hundred dollars, and for traveling expenses to each of them six hundred dollars, state pris- For the support and maintenance of the several State prisons, and for port,^£c! ixiftterial and expense of manufacturing, eight hundred thousand dollars, BhitxiA For compensation of sheriffs for the transportation of convicts to the j^iting^ prisons, asylum for insane convicts, house of refuge and penitentiaries oouTicts. twenty thousand dollars. Water to For Supplying Groton water to the Sing Sing prison, one thousand ^«^^» five hundred dollars. Water t» For supply of water for Auburn prison and asylum for insane oon^ priwi*™ victs, one thousand five hundred dollars. Peniten- For the mambenance of convicts sentenced to penitentiaries, ten tiaries. thousand dollars. Sffdepoew ^^^ refunding deposits to prison contractors, one thousand dollar& its. ^^ ASYLUM FOB INSANE CONTICTS,. Agyfnm For the support and maintenance of the asylum for insane convicts, S»niicSL* P^'snant to chapter one hundred and thirty of the laws of eighte^i nundred and fifty-eight, sixteen thousand dollars. 8TAT» LUNATIO ASTLUM* stateinna. For salaries of the officers of the State Asylum for Lunatics, fifteen f^y- thousand dollars. Hack For the support of Mark Jack, an insane Indian at the asylum, twa ^Srti?^ hundred and fifty dollars. HUDSON EIVEE STATE HOSPITAL FOB THE INSANE. HadBon For Salaries of the ofBcers of the Hudson Biver State Hospital for Stote Hob- ^^^ Insane, eight thousand dollars, or so much thereof as may be pitai. ibr necessary. aalaries. "^ INDIAN AFJTAIBS. Belief of For the relief of the Onondaga Indians, pursuant to cluster two hnn- awa^indi' ^^ ^^ ^^^^7 ^^ ^^^ ^^^^ ^^ eighteen hundred and fifty-eight, three anB. * hundred dollars. Compea- * For Compensation of the agent of the Onondaga Indians, two hundred X^l^ dollars. For compensation of the agent of the Onondaga Indians, sixty-five dollars (chapter one hundred and seventy-eight, law of eighteen hun- dred and forty seven, and chapter six hundred and thirty-five, laws of eighteen hundred and sixty-nine), or so much thereof as may be necessary. For compensation of the agent of the Onondaga Indians, on the Allegany and Cattaraugus reservations, one hundred and fifty dollars. ot^tS- ^^^ compensation of the attorney of the St Regis Indian^ one hun- gi8 indi-' dred and fifty dollars. J^' For compensation of the attorney of the Seneca Indians, one hundred nf<»te* and fifty dolhirs. OfTonar For oompensation of the a^tornev fof the Tonawanda band of Seneca ba^.* Indians, one hundred and fifty dollars. Char 398.] NINETT-SEV^NTH SESSION. 505 For the Willard Asylnm, for the support of Sasan Green, an insane snpportof Indian woman, two hundred and fifty dollars. Greon. onondjlqa. salt springs. For salary of the superintendent, compensation of clerks, and other sapcrin- persons employed, and other necessary expenses of the Onondaga salt cierb»?ko. springs fifty thousand dollars. MILITIA. OP THB STATE. For expenses of the national guard of the State of New York, pur- National snant to chapter eighty of the laws of eighteen hundred and seventy, pSJJei.**" two hundred thousand dollars. BOADS. For payments to commissioners, of moneys received into the treasury Constroo- for taxes on lands of non-residents, appropriated to the construction of roaua/ roads six thousand dollars. INTEREST ON STATE INDEBTEDNESS. For interest on the debt of thirty-six thousand dollars, created for the stock- benefit of the Stockbridge Indians, two thousand one hundred and sixty dfon^ebt.* dollars. COUNTY TREASUBEB. For advances to county treasurer, on account of taxes on property of Ad^an- non-residents, which may be returned to the Comptroller's office, sixty ^^ thoasand dollars. TBANSPOBTATION. For expenses of transportation of the session laws, journals and docu- Expontea ments of the Legislature, reports, books, etc., and packages by express, ^^^ for the public offices, and for expresses of boxes, five thousand dollars. ^^^^ BEPAYMENT OP MONEYS. For payment of moneys to purchasers, for redemption of land sold for Bedomp- taxes, twenty-five thousand dollars. Undeoid. For repayment of money erronously paid into the treasury for taxes, Taxes er- ten thonknd dollars. JJJ^^ For repayment of money in cases of failure of title to lands sold by Paiinre of the State (Revised Statutes, volume one, page five hundred and forty- find.*^ one), three hundred dollars. For repayment of moneys paid into the treasury through mistake Moneys (Bevised Statutes, page four hundred and seventy-nine), five hundred SSstake. dollars. MISCELLANEOUS. For supplying the Mexico Independent to the deaf and dumb persons Mexico in- of the State in the same manner and upon the same teims as the Radii enfftrthe was furnished, under and pursuant to chapter three hundred and twenty- ^J^w**** nine of the laws of eighteen hundred and thirty-nine, six hundred and "°^ ' fifty dollars. For supplying other States with reports of the Courts of Appeals and ^^^ of the Supreme Court, five hundred dollars. sta^lL*' For expenses of books and stationery for the transfer office at the Tranafer Manhattan Company, New York, two hundred and fifty dollars. p?^b^^' 33 506 LAWS OF NEW YORK. [Chap. 398. ▲gentftir For ooDipensatioD of agent in the city of New York, to Bnperintend {jJH^^^the issae and transfer of State stock, pursuant to chapter two hundred state of the laws of eighteen hundred and sixty-six, seven hundred and fifty •^^^- dollars. ^ WMhing. For the compensation of the keeper of Washington's Headquarters, ^n^^n^ one hundred dollars. puot com- For the expense of the board of pilot commissionerSy New York, forty- S^^^'^' five hundred dollars, commu- For the commissioners to revise the Statutes of the State, appointed rovlsethe ^"^^^^ chapter thirty-three of the laws of eighteen hundred and seventy, siatates. fbr their services, fifteen thousand dollars, and for their expenditures for clerical services and other incidental matters, six thousand dollars. STATE INEBRIATE ASYLUM AT BIKOHAMTON. Payment For pavmeut of salaries of superintendent, assistant physician, stew* Fm!^^' ard,chapi(eUn and matron of the State Inebriate Asylum at Binghamton (chapter six hundred and twenty-five laws eighteen hundred and sev- enty-three), six thousand dollars, or so much thereof as may be ueces- Traveiing saiy, also tlie sum of five hundred dollars, or so much as may be neces- of muia? sary, for traveling and other expenses of the managers of the asylunii to gen. be audited as required by law. Medical For services and expenses of medical commissioners appointed pnr- SSnm^ suant to chapter six hundred sixty-six of laws of eighteen hundi-ed fiorsaiar- seveuty-oue, by the Governor or courts of oyer and terminer, to inquire ^D8C8.*^ into the mental condition of persons under indictment or conviction for offences, the punishment of which is death, *two thousand dollarSi the amount to be paid in each case to be certified by the Governor. DEAF AND DUUB. inatita. For the suppoH and instruction of thi^e hundred and seventy pupils dS^and *** ^^^ Institution for Deaf and Dumb in New York, pursuant to chapter dumb, for ninety-seven of the laws of eighteen hundred aud fifty-two, or a proper- a^r tionate amount for a shorter period of time than one year, or for a ■traction, smaller number of pupils, as shall be duly verified by affidavits of the president and secretary of the institution, one hundi'ed and eleven thou- sand dollars, and this sum is in full of ail demands upon the tState in behalf of said institution during the next fiscal year. luBtitQ- For the support and instruction of thirty pupils, at the Institution toe\m.'^ for the Improved Instruction of Deaf Mutes m New York, pursuant to frored in> chapter one hundred and eighty of the laws of eighteen hundred and ofSeaJt^ seventy, or a proportionate amount for a shorter period of time than S"^rt**' one year, or for a smaller number of pupils, jus shall be duly verified by an^i^' affidavits of the president and secretary of tne institution, nine thou- straouoa. gand dollars. institn. For the support aud instruction of one hundred and fifty pupils for ttuTuind, ^^^ y^^^ ^^ ^^^ Institution for the Blind in New York, or a proportion- A>r rap- ' ate amount for a shorter period of time than one yeari or for a smaller fitftrao. number of pupils, as shall be dulv verified by affidavits of the president ^^^* and secretary of the institution, forty-five thoufiand dollars. JUVENILE DELINQUENTS. feSbn^^ For the Sooietv for the Beformation of Jayeoile Delinquents^ in the tion of in- city of Ncw York, forty thousand dollars* Uibonenta. HOUSE OF REFUGE. SSS^.^' For the House of Befuge for Western New York, forty thousand dollars. Chap. 898.] NINETY-SEVENTH SESSION. 507 IDIOT ASTLITIC. For the State Asylum for Idots, at Syracase, thirty-six thousand dol- state agy- lars or so much thereof as may be necessary, at a rate not exceeding two idiSto^at hundred dollars per State pupil. Syracuse. For the support aud instruction of thirty pupils at the Le Conteulx Le Con- st Mary's Institution for the Improved Instruction of Deaf Mutes, at Maiy'f in- Buffalo pursuant to the provisions of chapter six hundred and seventy gitation, of the laws of eighteen hundred aud seventy-two, and sections nine and port and ten of title one chapter five hundred and fifty-five of the laws of eigh- o*n™f „. teen hundred and sixty-four or a proportionate amount for a shoiiier piL. ^ ' period of time than one year, or for a smaller number of pupils, the sum of nine thousand dollars, to be paid by the Comptroller upon the certificate and oath «f the pi-esident and secretary of the said institution, approved by the Superintendent of Public Instruction ; and this sum Bnall be in full of all demands upon the State up to the first day of October, eighteen hundred aud seventy-five. WILLABD A.STLUM FOS THB INSANE. For the salaries of officers of the Williard Asylum for the Insane, t^n wiuard thousand five hundred dollars, or so much thereof as may be necessary. ^Saiies! INSTITUTION FOB THB BLIND, BATAVIA. For the maintenance of che Institution for the Blind, at Batavia, Mainte- forty thousand dollars. nance. STATE COMMISSIONEBS OF PUBLIC CHABITIE8. For the salary of the secretary of the State board of charities, twenty- state com- five hundred dollara; and for the traveling expenses of the commis- ^*JJjgJ[^ sioners and the secretary, and for office expenses, clerk hire and charities, contingencies of the State board of charities, two thousand five hundred ^^^^^» ^ollars. For the salary of the State commissioner in lunacy, four thousand statecom- dollars, and for traveling and other incidental expenses of said commis* i^'fSnaoy, sioner, one thousand dollars, or so much thereof as may be necessary, for salary) pnrsuant to section thirteen, chapter five handled and seyenty^one, laws cdghteen hundred and seventy-three. PAYABLE FBOM THE FB££ 8CH00L FUND. For the State normal school at Albany, for its maintenance, eighteen state nor- tiionsand dollars. ™g^j^ For the State normal and training school at Brockport, for its main- Bx^k- tenasce, eighteen thousand dollars. p<>^- For the State normal and training school at Buffalo, for its mainte- Baiiuo. nance, eighteen thousand dollars. For the State normal and training school at Cortland, for its mainte- corUand. nance, eighteen thousand dollars. For the State normal and training school at Fredonia, for its main- Fk^donia. tenance, eiffhteen thousand dollars. For the State normal and training school at Cteneseo, for its main- oenoseo. tenance, eighteen thousand dollars. For ^e State normal and training school at Oswego, for its main- oswego. tenance, eighteen thousand dollars. For the State n™ ™ "'" dollars. Expenaes For expenses of lands ( Revised Statutes, volume one^ page five han- of unda. ^red and fifty-four), two hundred dollars. PAYABLE FROM THE LITERATURE FUND. Dividenda For dividends to the academies, twelve thousand dollars. to^a^ado. p^^ ^j^^ purchase of text-books, maps and globles, philosophical and Books and chemical apparatus for the academies (Revised Statutes, volume one, apparat- ^^^^ sevcuty-two), three thousand doUara PAYABLE FROM THE UNITED STATES DEPOSIT FUND — CAPITAU caoitai u. For investment as capital of the United States deposit fund, fifty ^(t ^ thousand dollars, or so much thereof as may be necessary. Chap. 398,J NINETY-SEVENTH SESSION. 509 BEYEKUE. For diyidends to common schools, inclading the salaries of the Common county school commissioneys, one hundred and sixty-live thousand ^<^<^*«- dollans. For dividends to academies, twenty-eight thousand dollars. mfes^^" For amount to be added to the capital of the school fund (article nine capital of of the Constitution), twenty-five thoisand dollars. fSSd?^ For instruction of common school teachers in the academies designated ingtrnc- bj the regents of the university, eighteen thousand dollars. tethers For refunding money erroneously paid into the treasury by loan com- Remnd missioners, pursuant to law, five hundred dollars. * ^«^^ » PAYABLE FROM THE BOUNTY DEBT SINKING FUND. For investment of contributions to the sinking fund, and payment of Oontnbti- interest on the State indebtedness, incurred pursuant to chapters two ^^i^ hundred and twenty-six and three hundi'ed and twenty-five of the laws Aind. of eighteen hundred and sixty-five, known and designated as the bounty debt, four millions two hundred and sixty thousand dollars, or so much thereof as may be necessary. PAYABLE FROX THE COLLEGE LAND SCRIP FUND REVENUE. For the Cornell University, thirty thousand dollars. Comeii Vnivarai- PAYABLE FROM THE CORNELL ENDOWMENT FUND REVENUE. ^' For the Cornell Unviersity, ten thousand dollars. PAYABLE FROM THE MILITARY RECORD FUND REVENUE. For expenses of the Bureau of Military Statistics, three thousand Barean oi AnUavR^ military QOiiaiB. statistics. PAYABLE FROM THE ELMIRA FEMALE COLLEGE EDUCATIONAL FUND REVENUE. For the Elmirn Female College, pursuant to chapter six hundred and Eimira forty-three of the laws of eighteen hundred and sixty-seven, three thou- Jj™e^ sand five hundred dollai's. INSPECTORS OP GAS METERS. For Inspectors of Gas Meters, for salary and contingent expenses, inspectors Enrsuant to chapter one hundred and sixteen of the laws of eighteen Jj^8,3!®" undred and sixty, and to the conditions and requirements imposed by aiyand chapter one hundred and thirty-five of the laws of eighteen hundred •^p®'^**** and sixty-three, two thousand five hundred dollars, or so much thereof as may be necessary to pay the present Inspector of Gas Meters his salary to end of his term of office, which amount shall be refunded to Amonnt the treasury by the several gas-light companies, pursuant to chapter Jgn^e? three hundred and eleven of the laws of eighteen hundred and fifty-nine, but no payment shall be made by the Comptroller upon such salary and . expenses till an amount equal to such payments shall be received by him from gas companies or some of them. The amounts herein appropriated shall be paid by the Ti'easurer from Appropri- the respective funds as specihed, and the salaries named shall be estab- SfjJ^p'aj^ lished and fixed by this act for the several officers for whom they are designated; but the Comptroller shall not draw his warrant for the pay- Comptroi. ment of the several amounts hei-ptofore named, except for salaiies, the JSJi*.^"' 510 LAWS OF NEW YO&K. [Chap. 898. amounts of which are duly established and fixed by lav, and the amount hereinbefore directed to l>e paid to the trustees of the State Library, till DetaUed thepersons demanding them shall present to him adetailed statement, in fniteins"* items, of the same ; and if such account Ihall be for services, it must show when, where and under what authority they were rendered ; if for expenditures, when, where and under what authority they were made; if for articles furnished, when and where they were furnished, to whom they were delivered, and under what authority ; and if the demand shall be for traveling expenses, the account must also specify the distance traveled, the place of starting and destination, the duty or business and Accounts the dates and items of expenditures. All accounts must be verified by Tcrifled. ^^ affidavit to the effect that the account is true, just and correct, and that no part of it has been paid, but is actually and justly due and To be re- owing; on all accounts for transportation, furniture, blank and other oeipted. i)ooks purchased for the use of office, binding, blanks, printing, stationeiT) Sostage, cleaning and other necessary and incidental expenses, a bill, uly receipted, must also be furnished, and it shall be the duty of the Miuumy Treasurer to report annually to the Legislature the detail of these toiegitiar several expendituiies. Every institution or society entitled, under the "** provisions of this act, or of any future appropriation act, to receive money Annaai irom the State, shall make an annual report to the Legislature, whicn cerbUn^^- i*^Port shall contain a detailed statement of all receipts and expenditures, stitationi. deots and liabilities, of said institution or society during the year for which said report is made, and a full and accurate statement of the financial condition thereof at the date of said report, which report shall be presented to the Legislatui-e on or before the fifteenth day of January in each and every year hereafter. Faiiture to The failure to make the said report to the Legislature on or before gj^jjj ^" *^® fifteenth day of January in each and every year hereafter, by any such institution or society, shall work a forfeiture of the office of every trustee or manager at the time in charge of said institution or society Governor failing to report as aforesaid, and the Oovemor shall thereupon proceed oanciesT ^ ^^^ ^^^^ vacancies by nominations to the Senate for its confirmation of other persons to fill said vacancies. Gomptroi- A Special report of the condition of such institutions or societies may. Manor ^^ ^^y ^^^^9 ^ oalled for by the Comptroller, and shall be made and special re- filed with him within ten days after notice of such call by the Oomp« ^^' troller to such institution or society ; and no money hereby or hereafter appropriated shall be paid to any institution or society which shall here* Comptroi. after neglect to make such reports as aforesaid. The Oomptroller, copy of ''^ between the first and tenth days of- December in each year, shall send, this sec- by mail or otherwise, a copy of this section to the ^cers ^^' wpott to the LegislatitTe as hereinbefore provided. required to Qup. 399.] NINETY-SEVENTH SESSION. 511 t Cho-p. 399. AN ACT to authorise a tax of seven-eighths of a mill per dollar of valuation of the year one thousand eight hun- dred and seventy-four, for the construction of new work upon and extraordinaay repairs of the canals of t^ State. Passed Hay 9, 1874 ; three-fifths being present The People of the State of Neto York, represented in Senate and AssemUp, do encu^t asfoUotos: Sbction L There shall be imposed for the fiscal year beginning (m state tax, the first day of October, eighteen hundred and seventy-four, a 8tate tax SSSwedT of seven-eighths of a mill on eaeh dollar of real and personal property &o. in this State subject to taxation, which tax shall be assessed, levied and ooUeoted by the annual assessment and collection of taxes for that year in the manner {H'escribed by law, and shall be paid by the several county treasurers into the treasury of the State, to be held by the Treasnrer, ind is hereby appropriated and applied to the objects and purposes Appn>pri. hereinafter specified, to wit: theraof. § 2. For the removal of the bench walls in the Erie canal and the Hemovia snbstitution of slope walls in the place thereof, the sum of th)*ee hun- ^^f^^ died and sixty thousand dollars, or so much thereof as may be neces- Erie ca. Bary, except that between Lower Mohawk aqueduct and Port Schuyler, "•*' *^' vertical walls may be built wherever, in the opinion of the boarl^ of vertioai Canal Commissioners, the same are necessary, the aforesaid sum being ^'^* a portion of the amount estimated in the report of the State Engineer and Surveyor, dated January twenty-third, eighteen hundred and sev* entv-fonr, and known as Assembly doooraent number twenty-seven. For the improvement of the Champlain canal the sum of five hun- Oham- dred thousand dollars, or so much thereof as may be necessary, in such ^ISl'im^' manner as to give throughout the length of said canal, a unifoim depth proVe. of seven feet of water, and width of iorty-*fonr feet on the bottom, and ^^^^^ - fifty-eight feet at water surface, except as in the opinion of the Ganal Board may be required for business purposes, when in that ease the walls may be made vertioai, but retaining the same depth and width of watdr at water surface, and no part of the said appropriation shall be applied on or for any other object or purpose, until the abore enlarge^ ment shall be made and completed. §3. It is hereby made tiie duty of the State Engineer and of the state en Canal Commissioner in charge of the eastern division of the canals, and f[i!*creafiia they ai^ hereby required, at the earliest time practicable, and before the commit- first of January next, to revise the surveys, maps, plans, estimates and ^^m rar- location of line of the Champlain canal, made under and by virtue of ▼«}'•> ^• the provisions of d&apter seven hundred and eighty-eight of the laws of the year one thousand eight hundred and seventy, ana to report such To report i^ised surveys, maps^ plans, estimates and location of line, to the Canal ^^.^ Board. And no part or portion of the moneys herein appropriated shall be expended or paid, except so much as shall be necessary for the re-surveys, maps, plans and location of said line as herein required, nor shall any contract involving any such expenditures or payment, be mule in behalf of the State, until such revised surveys, maps, plans, estimates and location of line shall have been submitted to and approved by the Canal Board. 513 LAWS OP NEW YORK. [Chap. 399. Work to On the approval, reyision and adoption by the Canal Board, of said when re. revised Burveys, maps, plans, estimates and location of line, or of any vised MT- part thereof, as provided by this act, the Canal Commissioners shall. Ire adopt- i^om time to time, advertise and let to the lowest bidder, so much of «d. the said work as may be ordered by the Canal Board, until the enlarge- ment of the canal be completed, or the appropriation be exhausted. Glens Falls Feeder, rebailding thereof! Sonreys, maps, Ac Crib work, Ac, at Troy. Fish-way at Troy. Saspen- sion foot- bridge at Albany. Basin at White haU. Highway bridjf e in Water- Tliet. Bridge at Gorman glatsand ast Bridge in Frankfort Tillage. Construc- tion of vor- tical walls. To pay loans of Albany iMnibi. '■ EASTERN DIVISION. For rebuilding Glens Falls Feeder so as to prevent leaks through the limestone rocks, and to fill the seams and openings therein, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, to be done under the direction of the Commissioner in charge ; the same to be let by contract to the lowest bidder after being advertised as now required by law for other State work. For surveys, maps and plans for damming the outlet of lakes and constructing reservoirs at the head waters of the Hudson river to fur- nish water to the Champlain canal in dry seasons, seven thousand five hundred dollars, or so much thereof as may be necessary, to be done under the direction of the Commissioner in charge. For completing the crib-work and apron, and rebuilding the State dam across the Hudson river at Troy, the sum of twenty thousand dol- lars, or so much thereof as may be necessary. In addition to a former appropriation of one thousand dollars for fish- way in the State dam across the Hudson river at Troy, the sum of four thousand dollars, or so much thereof as may be necessary. The aforesaid sum of one thousand dollars is hereby reappropriated for this purpose. For completing suspension foot bridge over the Erie canal at the Lumber District, just oelow lock number two, in the city of Albany, the sum of eight hundred dollars, or so much thereof as may be neces* saiy. For dredging and excavating the basin at the foot of lock at White- hall, the sum of ten thousand dollars, or so much thereof as may be necessary ; the work to be done under the dii*ection of the Commissioner in charge. In addition to an appropriation made in eighteen hundred and sev- enty-three for constructing and maintaining a highway bridge over the Erie canal in the town of Watervliet, in the county of Albany, from the Ireland Corner's road, on the west of said canal to Island park on the east of said canal, the sum of four thousand dollars. For completing the approaches of the bridge at the west line of Ger- man Flats, and extending culvert at East Frankfort, and for completing approaches to the bridge at East Frankfort the sum of four thousand dollars or so much thereof as may be necessary ; which work may be done by the Canal Commissioner in charge. For completing approaches to cemetery bridge in Frankfort village the sum of fifteen hundred dollars, or so much uiereof as may be necea- sarv ; which work may be done by the Canal Commissioner in chaise. For construction of vertical walls upon the eastern division of the canal the suni of seven thousand five hundred dollars, at such localities as the Commissioner in charge may select To pay the amount borrowed of the Albany batiks pursuant to reso- lution of the Commissioners of the Canal Fund, adopted October first, eighteen hundred and seventy-three, to complete the State dam across the Hudson river at Troy, the sum of twenty-two thousand four hiu- Cbap. 399.] NINETY-SEVENTH SESSION. 518 died dollars, or so much thereof as may be necessary, to pay principal and interest of said ]oan. For constrncting an iron bridge with suitable side walls at the present Tron Exchange bridge, in the Lumber District, in tlie city of Albany, tlie ^hSay^ Bum of ten thousand dollars, or so much thei*eof as may be necessary. For the impi'ovement of the channel of Wood creek, the sum of five improvo. thousand dollars, to be expended under the direction of the Commis- J>hwineiof sioner in charge, provided the said Commissioner shall obtain from the Wood parties through whose lands the improvement shall be made, full ^^^^' releases to tiie State of all claims, compensation or damages to be done by this improvement. The sum of seven hundi*ed dollars is hereby appropiiated to Miles mucs Johnson, of Whitehall, to be in full of all claims for farm bridge. ''®^'*^'^- Before the said sum shall be paid, the Canal Commissioners shall Release. require and place on file in their office full and sufficient release, legally executed, of all claims against the State, and release from any obliga- tiuns to hereafter maintain a bridge over the canal on the farm of said Johnson. The sum of four thousand dollars, in addition to a former appro- Fishway priation of one thousand dollai's, is hereby appropriated to the con- Jnu^.^ Btruction of a fish-way in the State dam across the Hudson river at Fort Miller, to be constructed under direction of the Commissioner in charge. For constructing an aqueduct or culvert, or enlarging the present Aqnednct oalvert, in West IVoy, for the pui-poee of affording sufficient outlet for li^f*' the waters of Dry river, the sum of six thousand dollars, or so much as may be necessary. For the repair and protection of the highway running along the Repairer eastern bank of the Hudson river between Vail and Thomas streets in inXan*^ the' village of Lansingburgh, from damage caused by the gradual "in?- encroachment of the river at that point, couseqaent upon the diversion °^^ ' of the waters of the Mohawk river for canal purposes, the sum of five thousand dollars, or so much thereof as may be necessary, to be expended under the direction of the Commissioner in charge. MIDDLE DIVISION. The sam of sixty-five thousand dollars or so much thereof as may be Locks, im- Beoessary, is hereby appropriated to enable the Canal Commissioner in Sion?of. charge to increase the locking capacity of all the locks on tlie Eiie canal as have not heretofore been widened, and that have an upward lift toward tide water (namely : berme locks forty-seven and forty-eight, and berme and tow-path locks fifty-one and fifty-two), by taking up the outer walls of said locks and setting them back two feet, and also to insert Heath's patent tumble gates therein, the same to be let by con- tract to the lowest bidder after being advertised as required by law for State work. For raising weirs and banks and deepening the Syracuse level of the Syracuse £rie canal, to maintain seven feet of water therein, the sum of seven deepen. thonsand five hundred dollars or so much thereof as may be necessary, ingot. For new feeder channel in place of the old decayed wooden flume in wewfeed:. the Owasco feeder at Port Byron, the sum of fifteen thousand dollars, SeutPort or 80 much thereof as may be necessary to be expended under the direc- ^rron. tion of the commissioner in charse. . The sum of eighteen thousand dollars, appropriated by act chapter Dam on eight hundred and fifty of the laws of eighteen hundrea and seventy- river.! 614 LAWS OF NEW YORK. [Chap. 899. t two, for constraction of a dam acroffi Mooae river at the old Brown Tract forge, is hereby reappropriated, subject to the prdvisionfi of aaid act, and the Canal CommiiSBionerg are hereby empowered to take and appropriate any lands not released under said act which may be req^iired for the purpose of building said dam. Draw- The sum of eight thousand dollars is hereby appropriated for the Gern^o^ construction of a swing, hoist or draw-bridge oyer the Erie canal on Fiat«. Railroad street, in the town of German Plata Draw- The sum of two thousand dollars is hereby appropriated for the coiu cun^n!^ struction of a svring or draw-bridge oyer the Chenango canal, on Water street, in the yillage of Clinton. No x>art of the sum shall be used unless it shall b^ found sufficient to build the l»idge and remove abut* ments and approaches. Boad- For taking up and setting back the berme abutment and lengthening Thomp^^ the span of the road bridge oyer the Erie canal at Thompson's Landing, son'i in the town of De Witt, for the purpose of affording additional water Landing. ^^^ -^ ^|^^ canal at that point, the sum of fiffceen hundred dollars, or so much thereof as may be necessary. Changing The sum of twelve thousand dollars, it being the unexpended balance ErtSget ^^ ^^^ ^^^ ^^ twenty.ftve thousand dollars appropriated by act chaptar anil con- eight hundred and fifty of the laws of eighteen hundred and seventy- S^^ °^ two, for changing the plan of bridges on toe middle division, is herepy midS^dC '^^ppropri^t^d ^or the same object, which unexpended balance, to^^ether ^ion! ' with the sum of fifteen thousand dollara, appropriated by act chapter seven hundred and sixty-six of the laws of eighteen hundred and seventy-three, for constructing iron bridge superstructures on the middle division of the Erie canal, made necessary in consequence of the change of plan, may be exx)ended under the direction of the Commisdoner in charge whenever in his judgment the present wooden bridge structures become unsafe, and that a ^ange of plan in their reconstruction will be for the best interests of the State. Work To pay for work done and now due to complete the construction of j2Sf«»-** Jamesville reservoir on Butternut creek for the purpose of furnishing viiiereser- additional water to the Rome level of the Erie canal, authorized by act ' chapter three hundred and forty-three of the laws of eighteen hundred and seventy-two, to be expended as provided in said act, the sum of forty thonsand dollars, or so much thereof as may be necessary. stone dam To pay for work done and now due in repairing stone dun at Owasoo au^wanco 1^;^^ £^ ^jj^ summer of eighteen hundred and seventy-three, the sum of seven hundred and sixty-fou? dollars and forty-three cents. Damon For rebuilding the upper dam on the Owasco outlet, the sum of nine onS^ thonsand dollars, or so much thereof as may be necessary, to be expended under the direction of the Conunissioner in charge of the middle divi- sion of the Erie canal, the said work to be done by contract let to the lowest bidder, after being advertised as required by law, but no put of said sum shall be expended until the owners of water powers below shall pay three thousand dollars in addition thereto for such purpose. Baiaaoe To pay the balance on final account for construction of a swin^ bridge ^^'n Across the Chenango canal on East Main street iu the village of Norwidi, or bridge and removing the present bridge across said canal on East Main street wich?'' to Rexford street in said village, one tiiousand dollars, or so much thereof as may be necessary. Dieches in The sum of twenty-five thonsand dollars for the widening and deep* ^^^"^ ening of the Stroud, Chapman, Oloott and Douglas ditches, so called, in fltramp. Cowasselon swamp, and to dig and construct such new ditches as may be necessary to drain said swamp ami low lands in towns of Sullivaa Chap. 399.] NINETYSEVENTH SESSION. 515 ud Lenoz^ Madiaon ooanty , of the sorplas waters of tlie Erie canal^ in nmnance of chapter two hundred and fortj.four of the lawH of eighteen Wdred and seventy-four, or so much thereof as may be necessary. Par oonstmcting a suitable iron foot bridge over the Brie canal, on inm M(^wk street in the city of Utioa, in such manner as the Commis- ^^ ^ Boner in charge shall deem best, the sum of twenty-five hundred dollars, or 80 much thereof as may be necessary. T6 enable the Canal Commissioner in charge to construct a new road Bond IO0S8 the vallev of Butternut creek, near the dam of Jamesville reser. j^y^Bi^' loir, in place oi the old road destroyed in the construction of said res. ternat ervoir, the sum of one thousand five hundred dollars, or so mnch thereof ^'^ IB may be necessary. For balance due Edwin H. French for dredging in Cayuga and e. h. Seneca canal in the year eighteen hundred and seventy, by oroer of '*"'***• Canal Gommisaoner Wright, nine hundred and fifty-two dollars and interest on same, two hundred and thirty-two dollars and twenty-six cents, the above amount to be paid bv the Auditor of the Canal Depart, ment upon the certificate of the Canal Commissioner if after examina- tion and investigation he shall find the said work was performed and the flune has not been paid for. For retaining walls and approaches to iron bridge over Erie canal at iron Oitharine street in the dty of &p»cuse, the sum of three thousand doU gj^^J^. la» or 8o much thereof as may be necessary. For the construction of a swing bridge over the Chenango canal, on swing aoufh Ifain street, in the village of Norwidi, Chenango county, the sum KorSioh. of twenty.five hundred dollars, or so much thereof as may be necessary, to be expended only in case the Canal Commissioner in charge deems it expement. Fat constructing swing bridge in the village of Sollsville, on the Chen. At soUs- ango canal, the sum of two thousand dollars, or so much thereof as may ^'^^®* be necessary. For rebuilding the locks on Oneida river improvement, and lowering Oneida them to the requisite depth so as to conform to the depth of the locks on p^y^!^ fhe Srie and Oswego canal, the sum of sixty thousand aollars, or so much ment. thereof as may be necessary ; and for dredging and removing obstroc tions to navi^tion on said Oneida river improvement, the sum of forty ftonaand dotwrs, or so much thereof as may be necessary ; the work to be done under the direction of the Commissioner in charge. For oonstmcting vertical walls upon the middle division of the canals Vertical the sum of twenty thousand dollars, to be expended at sudi points as the ^^le die Ooamuflsioner in charge shall deem for the Mit interests of the State, v^ion. For oonstmcting a waste- weir and ditch at the north end of the north waste- ade cut canal to conduct the water into Mud creek, the sum of one thou- ditehf^^ ttnd dollars, providing that the owners of lands through which said ditdk shall be constmcted shall release to the Btate all daims to com* peimtton for damages by reason of the constmddon of said ditch. The sum of twen^-five thousand dollars, or so mudk thereof as shall iHjm and he neoesHuy, anthonaed by chapter seven hundred and sixty-six of the ^oHu at hiws of eighteen hundred and seventy-three, for the purpose of theWaterioo* ooDstractioQ of a dam at Waterloo and other works, is hereby reappro- priated, to be used under the direction of the Commisnoner in charge w in his judgment shall be for the best interests of the State in remov* ing rodEs or dredging within the prism of the canal between Seneca Falls and Gtoneva, for the purpose of improving the navigation of said ttnal ; the same to be let by contract to the lowest bidder after being ■dvertiaed as now required by law for letting State work. 516 LAWS OP NEW YORK. [Chap. 399. Comple- Uoaof maps. Retaining wall in Borne. Interest Genesee street bridge at 8kaneat- olos. Guard lock on the Che- nango. Stephen P. Arnot. For the completion of the map6 of the Cayuga and Seneca, Oswego and Erie canals in the middle division, the sum of one thousand dollars, or 80 much thereof as may be necessary. For a retaining wall on the north and east side of the bridge across the canal on James street in the city of Rome, along the southerly line of Whitesboro street, the sum of three thousand dollars, or so mudi thereof as may be necessary. For the payment of interest on certificate of deposits pledged with the Canal &ard September eighth, eighteen hundred and sixty .nine, and held by them till October tenth, eighteen hundred and seventy- three, to secure the performance of the contract for removing slope wall and wall benches, and constructing slope and j^avement wall tram lock forty-three to lock forty-five, the sum of seven hundred and twenty dollars. The Canal Commissioner having in charge the middle division of the canals is hereby authorized and required to keep and maintain in repair the Genesee street bridge over the outlet of the Hkaneateles lake in the village of Skaneateles, out of the moneys appropriated for ordinary repairs of the canals. For the protection of the guard lock on the Chenango canal extension, and to prevent the inundation of South Water street and South street, in the city of Binghamton, by securing the banks of the Susquehanna river, the sum of five thousand dollars. The sum of two hundred and sixty-nine dollars and seventy.five cents is herebv appropriated to Stephen P. Arnot to be in f nil of his claim for dredging around^end of pier at inner basin in the harbor at Geneva, and for removing old cribs and stone at entrance to the same, for four days work with steam dredge, and repairs to end of pier, the amount not to be paid unless found to be a proper charge against tbe State and awarded by the Canal Board. Protec-^ tlon a^inst lake. Division liankat Black Bock. Cleaning oat, Ac., of canal in Koches- ter. Cnttlngoff bend, oo., At Mace- don. For insert- ing Heath's gates. Towing- path bank of Gene- see valley oanaL WESTERN DIVISION. For continuing the work of protecting canal against encroaoliments of Lake Erie, between Erie basin breakwater and Black Rock pier, forty thousand dollars, or so much thereof as may be necessary. For completing division bank and work connected therewith in Black Rock harbor so as to separate the canal from, and make it indei)endent of the harbor, the sum of one hundred and seventy thousand doUars, or so much thereof as may be necessary. For cleaning out, improving and deepening the canal, «n average of six inches below established ^ade from " wide water," west of tow-path change bridge to the east end of Genesee river aqueduct in tilie city of Rochester, the sum of twenty thousand dollars, or so. much thereof as may be necessary. For cutting off bend in towing-path, including work eonneded therewith, to improve approach to and entrance to lower Maoedon lock, the sum of two thousand dollars, or so much thereof as may be necessary. For inserting Heath's plan of tumble gates in old locks on thisdivis- ion as mav be deemed advisable, the sum of sixteen tiiousand dolfau»y or so much thereof as may be necessary. For raising the towing-path bank on the four and six-mile levels of the Gfenesee valley canal, to prevent flood waters of the Qenssoe river from overflowing the same, the sum of two thousand dollars, or 00 much thereof as may be neoetasary. In addition to the sum appropriated Chap. 399.] NINETY SEVENTH SESSION. 517 hf chapter seven, hnndxed and sixty-aix, laws of eighteen hundred and BridKo at serFenty.three, to aid in the constniction of a bridge over the Genesee mS5?u. riTer, at Moant Morris, the sum of seventeen hundred and forty doUars » h^by appropriated, or so much thereof as may be necessary to jyay • For oonstnicting a new lock at Tonawanda, the sum of sixty thousand New look dolJars or so much thereof as may be necessary, the location of the same ^^tndiu* to be detarmined by the Canal Commissioners. For dredging the Ohio basin under the direction of the Commissioner Ohio ba- in diaige, the sum of five thousand dollars, or so much thereof as may ^^' beoecessary. For dredging and excavation of Black Rock Harbor, and the channel BUck leading thereto, below the ship-lock at Bhusk Rock under the existing ^^.^ ooQtFBct, the sum of ten thousand dollars. An appropriation of four thousand dollars is hereby made to the village of Tillage of Medina, to be used in the construction of an iron bridge over ^h^^' the Oak Orchard creek, said bridge to be constructed under the super- bridge at Tinon of the Canal Commissioner in charge, but no moneys shall be paid therefor until said bridge shall be constiiicted, and the trustees of ffiid village shall have executed an agreement to hereafter maintain nid bridge without expense to the State, and full and sufficient release Release, for all claims against the State for damages for non-construction of said bridge. ¥ot the improvement of Hotchkiss bridge near the termination of Hotohkias Best street over the Erie canal in the town of Tonawanda, the sum of ^'^^^^f®- fifi^een hundred dollars or so much thereof as may be necessary, to be done under the direction of the Ccnnmissioner in charge. For the construction of vertical wall upon the western division of the vertical CKDals, the sum of thirteen thousand five hundred dollars, to be expen- ^•"• ded at such points as the Commissioner in charge shall deem for the best interests of the State. For constructing road and purehasing lands for that pui^x>se in the Koad in town ot Ogden, the sum of seven hundi^ and sixty-five dollars, or so o^enf modi thereof as may be necessary, to be done ui^er the direction of the Commissioner in charge. The sum of ten thousand dollars appropriated by act, chapter seven iron hundred and sixty-six laws of eighteen hundred and seventy-three, for Boc^Jgl" constnieling and maintaining a road bridj^e over the Erie canal, con- ter. necting Averill and Munger streets, in the city of Rochester, is hereby loanpropristed to the construction only of stone abutments and an iron hiidge soperstrocture at said crossing ; said bridge to have a single loadway and two sidewalks, each of suitable width, as in the best opinion of the Commissioner in charge will best accommodate the interests of that locality. For ocmstrueting a drop culvert or aqueduct leading from State Aqaedo<^ ditch to Brie canal, at Murphy's farm, town of Lockport, Niagara L^^'^r^ 518. LAWS OF NEW YORK. [Chap. 399. coanty, the sum of ftfty.thxee himdred dollars, or 00 much ttieordof may be neceseaiy. Cribs and The Bum of fifteen thousand dollars is hereby appropriated for ecxm- wau in^ pleting the cribs and vertical wall in place of pile^ockinff in Erie oaaal Tona- between military road and State ditoh culvcoi in the vulage of Toxia- ^^ wanda, also for work done in and about State ditch culvert, f^mr taking down and relaying walls between said culvert and Qrand Island fefiy, and for additional piles used in constructing and sustaining said eak* bing and vertical walla Bridp on The Canal Commissioner of the western division is hereby aotbotiaed Sre(^™*^ and required to oonstruot a bridge across the Erie canal, on Goodmaa Roches- street, in the city of Rochester, upon such plan as the C^nal Canuuifi* sioner may deem advisable, at a cost not to exceed the sum of B&»n thousand dollars, the work to be let by the board of Canal Gonuiaa. sioners to the lowest responsible bidder. Soad For the construction of a road bridge aross the Erie canal, in the bridge, highway running from the Palmyra road to the Carterville load in the town of Pittsfom, in pursuance of the law of eighteen hundred and seventy-four, the sum of four thousand dollars, or so much thereof as may be necessary. Iron For the construction of an iron bridge with sidewalks and snitable eon^ae. abutments with passage way for towing on both sides of the canal over gonof. in the Erie oanal at Austin street in the city of Buffido, ten thousand ^ dollars, or so much as may be necessary, the same being anthariBsd by chapter one hundred and eight, of the laws of eighteen hundred and seventy-four. Final set- The Unexpended balance of the sum of one hundred and tweoty-foor eo^cu ^ thousand four hundred and fifteen dollars, appropriated by act (»aptar to be paid seven hundred of the laws of eighteen hundred and seventy.two, to be ^'^' paid on final settlement of contracts, being the sum of one hundred thousand eight hundred and sixteen dollars and thirty-one cents, or so much thereof as shall remain unexpended on the fifteenth day of May, eighteen hundred and seventy-four, is hereby reappropriated,tobepaid on final settlements of contracts for moneys retained by the State to secure the performance of contracts entered into previous to May fifteenth, eignteen hundred and seventy-two. Ciflvert The sum of fifteen hundred dollars, appropriated by act chapter eight GoneAce l^^i^dred and fifty, laws of eighteen hunorea and seventy two, for con- valley ea- structing a culvert under the Genesee valley canal m the city of R^iTes- Rochester, is hereby reappropriated to same object, also Uie additional pro rfi?^' ^^^ ^^ fifteen hundred dollars more is appropriated to such purpose, &4^^ibr^ provided, that the city of Rochester shall build said culvert under the direction of the Commissioner in charge, and that the cost of same to be paid by the State to said dty, when tne said city shall have fully com- pleted said work as before provided, shall nptexeeed tbeamoanta^pro* priated therefor, to wit : three thousand dollars. isexr In order to remove all doubts in respect to the authority of the tb^riSr*'^ Canal Gonunissioners to commence the new works for which appro^pria* . ftr. tions are herein made, and no tegialative direction is otherwise ^ven by special laws, it is hereby declar^ that the said Canal Commissionen are hereby authorized to construct, or cause to be constructed, all such new works for which appropriations are herein mad^, subject, however, to all restrictions, provisions and conditions contained in this act No part or portion of the moneys herein appropriated for nerw work sball be expended or paid, nor shall any contract involving such expendituie and payment be made on behalf of this State, until the maps, plans Chap. 400.] NINETT-SEVENTH SESSION. 619 tod estimateB for such new work shall have been Bubmitted to and approved by the Canal Board* All contracts for work or material on contraoti any canal (other than ordinary repairs) which shall be directed by the {^^ma^- Oual Board to be advertised and let, shall be made with the persons •^' who riiall offer to do or provide the same at the lowest price, with adequate security for their performance, which letting shall be under fegnlations to be made bv the board of Canal Commissioners as to the ton, regularity and validity of all bids, securities and contracts. And security, the Oftoal Commissioners may require the deposit by the proposer for add work or materials, of such a sum in United States bonds or stocks of Hbe State of New Toi^, or mone^ not exceeding twenty nor less than «ight per cent of the aggregate estmiate of the work to be let, as they nay deem necessary to secure, the entering into said contract, and in Forfeit- esse the proposer, to whom such work shall be awarded, shall neglect ^"^' or lefbse to enter into said contract, the sum so deposited shall be for. feited to the State, and the Commissioners shall pay the same into the State treasury, and it shall become a part of the canal fund. And upon seonHtr the entering into said contract, the bonds or stacks, or money requu^ Xtion of by the Commissioners as security for the entering into said contract, work. tpfjfettier with such other additional securities as they may require, may be held as security for the completion of the work and shall be iMud into the treasury of the State, and be invested by the Commissioners of the Canal Fund as they shall deem advisable until the said contract ahall be fully completed and iinal settlement thereof made, at which time the said sum with the accumulated interest thereon shall be repaid to the aaid oontraotor by the Treasurer upon the warrant of the Auditor. But in case he shall enter into said contract and fail in the performance when for thereof, the same shall be declared almndoned by said Commissioners, t^c^state. pursuant to the terms of the contract, then the bonds or stocks or money so deposited shall be forfeited to the State and paid into the treasury, and become a part of the canal fund. The Canal Board may, in the raaoluiion authorizing any work to be let, prescribe the length of time of advertising not less than ten days. No more money shall be expended on the works hereinbefore enumerated than is above appro. priated, and it shall not be lawful for the officers having in charge the execution of the aaid works, to make any contracts whereby any expen* diture in excess of the appropriation will be incurred, or any fiurther ippropriation for the same rendered necessary. The final account for any new work authorized by the provisions of this at^t or any previous acts, or for which money has been or is hereby appropriated, may be subject to revision by the Canal Board. Chap. 400. AN ACT to provide for the transmission of letters, parcels, packages, mails, messages, merchandise and property between the city of New York and the villages, towns and cities in the vicinity thereof. Passed May 9, 1814. The People €f the JS^ate cf New Torh^ represetUed in Senate and AseemUy, do enact aafoUowa : Sbcwow 1. L. W. Emerson, H. Tracy Arnold, T. L. Hanson, C, H. Penons Serymser, L M. Strong, John R. Lawrence, and their assigns and such ^^^^' 520 LAWS OF NEW YORK. [Chap. 401- ized to lay persons as they may associate with them, are hereby authorized and *"*'^ empowered to lay down, construct and maintain tubes of iron, wood or other material under ground and beneath the bed of navigable waters in and between the city of New York and the villages, towns and cities in the neighborhood thereof, at such depth below the bed of such waters as not to interfere with the channels, anchorage or navigation thereof, May open and for the purpose of such construction under ground shall have the iirenue!^ right to Open any street or avenue in any incorporated town or city, by Consent, and with the consent of the corporate authorities of such t6wn or city, excepting in the dty of New York, where such consent shall be obtained Ck>nvey- from the commissioner of public works, and to convey letters, parcels, fetten^c. P^^Ages, mails, messages, merchandise and property in and through ' said tubes, for compensation, by means of the pneumatic method of propulsion. Wii(\ii in. § 2. Any person who shall willfully destrov or injure any of said liemeanor! ^^^ ^ ^^7 0^ t^® articles deposited therein shall be deemed guilty of ' a misdemeanor and on conviction thereof shall be punished by a fine of Pnnteh. not less than one hundred dollars, nor more than five hundred dollars, ment qj. )yy imprisonment not less than three nor more than six months or by both, and shall also forfeit and x)ay to the said persons or their assigns three times the amount of damages they may sustain hy such damage, to be recovered with costs in any court having jurisdiction. Corpora- § 3. In case said persons shall so determine they may organize them, be org^- ^^^^ ^^^ &Q association in the manner required and authori^d in and ized. by the act entitled **Aji act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes,'* passed on the seventeenth day of February, eighteen hundred and forty-dght, and the amendments thereto, for the purposes stated in section one of Certifl- this act. The certificate to be executed for the purpose of forming such cate. corporation may be signed and acknowledged by any three or more of said grantees, and upon the formation thereof said corporation shall Xxxasess all the powers and privileges conferred by said act and be sub- ject to all the duties and obligations imposed therein not inconsistent with the provisions of this act Bepeai. ^ 4. The Legislature may at any time alter, amend or repeal this act, and all a<^ or parts of acts inconsistent with this act are hereby repealed. Chap. 401. AN ACT to legalize the official acts of James H. Stevens as notary public. Passed May 9, 1814 ; three-fifths being present. The People of the State cf New Torky repreeerited in Setiate and Assembly y do enact asfoUows: Official Section 1. All the acts of James H. Stevens, residing in the county to?? le^t ^^ New York, in the State of New York, done as notify public from ixed. March thirtieth, eighteen hundred and seventy-three, to March twenty, sixth, eighteen hundred and seventv-fonr, are hereby legalized and confirmed so flEur as said acts would have been valid if the said James H. Stevens had been a duly appointed and qualified notary public dur- ing said period ; but nothing herein contained shall afiect any action or proceeding now pending in any court of this State. ^ 2. This act shall take effect immediately. Chap. 403.] NINETY-SEVENTH SESSION. 531 Chap. 4r02. AN ACT to confirm the official acts of Aikins Foster as justice of the pcAce of the town of Colton, St. Lawrence tjounty. Passed May 9, 1814 The People of the State of New York^ represented in Senate and Anembly^ do enact a^ follows: SBcnoir 1. All the ofSdal acts and prooeedings of Aikins Foster, late jntioe of the peace of the town of Colton, St. Lawrence county, from Deosmber thiity-first, eighteen hundred and seventy-three, to February tenth, eighteen hundred and seventy-four, are hereby made as le^l and Ttf d as if the term of office of said Aikins Foster had not expired on Bod tMrty.first day of December, eighteen hundred and seventy-three. Bat tbis act shall not effect ^ any suit or proceeding heretofore com- Benoed. h 2. TMs act shall take effect immediately. Chap. 403. AN ACT to confirm and validate the consolidation of the corporations known as the Congregation Bikur Cholim Ukadisha, and the Congregation Chaari Zedek, into one corporation, under the name of the Congregation Chaari Zedek, of New York, and to incorporate the Chaari Zedek Cemetery association. Passed May 9, 1814 ; three^fifths being present The People of the State of New York, represented in Senate and hmtiUy^ do enact as follows : Sbction 1. The two corporations or religious societies in the city of corpora. Sew York known as the Congregation Bikur Cholim Ukadisha, and the ^^i^^] CoDgT^tLon Chaari Zedek, are hereby consolidated into and created one body corporate or religious society, under the name and title of the corporate Chaari Zedek congregation, with the same powers, and subject to the °*™®* flttie i»t>7isions, as if it had been duly incorporated under the general 3etof this State relating to religious societieB. J 2. H. Solomon, S. Caskell, Simon Sklerk, J. Mendelsohn, D, Levy, corpora- (^> Tork, R. Moss, H. Bichter, 8. Simon and S. Satz, are hereby oonsti. ^^' toted a bodv corporate by the name of the Chaari Zedek cemetery asso- Corporate Atibn of New York, ana they are hereby authorized to act as trustees '**"®- of &U the said lands owned and held by the said congregations. \^ The acts of the trustees of the said congregations respectively, in Actoof wion to the union of the said congregations and the transfer of their ^fs^. poperty, veal and personal, to the corporation hereby created, are hereby ed. wed and ooniinned, and ttie said CongregatioQ Chaari Zedek is hieby vested with and declared to be seized and possessed of all the ^te, real aad penonal, of the said oorpcnraiion. • So in origmaL 34 52a LAWS OP NEW YORK. [Chap. 405. Ti-nstees fj 4. The Bald truBtees shall hold their offices until the ezpiration of See Mtuf' *^® ^'"^ f"^' which they have been elected as officers of the Cougiega- Ac. ' tion Chaari Zedek, and until their successors are elected. Kottoseu ^ 5. The said trustees shall have no power to alienate, sell, lease o^ ilnSS^ ^^>^ *^7 of Bald lands for any other purpose than is herein apeeifled. Barua § 6. The said trustees are authorized to make such laws in connection fiw8*in re- ^^^ *^® conveyance of burial rights of any of the lands as they may forenceto. deem advisable, not oonJ9icting with any provisions of this act. Liens not & 7. Nothing herein contained shall impair the lien of any mortgage impaired, judgment, or other charge, now existing upon the property referred to in tike third section hereof, nor the rights of any cr^itor of either of the congregations hereby consolidated ; but all such daims shall be valid^ - and may be presented against the corporation hereby created, to the same extent as against tne congregations hereby consolidated. ^ 8. This act shall take effect immediately. Chap. 4:04. AN ACT to release the title and interest of the People of this State in the real estate in this State, of which Mary Ann Reilly, late of the city of Buffalo, died seized or had an interest in at the time of her death. Passed May 9, 1874 ; by a two-third vote. ITie People of the State of Neio York^ repreeented in Senate and AaaenMf/f do enact aefoUowa: Title of Section 1. All the right, title and interest which the People of the foased? State of New York have acquired by escheat in any real estate in the county of Erie and State of New York, whereof Mary Ann Reillv, late of the city of Bu&lo, died seized or interested in, is hereby released to and vested in the heirs of said Mary Ann Beilly. p»>Tiflo. ^ 2. Nothing in this act contained shall release, discharge or impair any right, claim or interest of any devisee, heir^t-law or cieditor of the Etaid Mary Ann Reilly, deceased. ^ 3. This act shall take effect immediately. Chap. 4:05. AN ACT in relation to the tolls upon the Western Plank- road Company's roads in the counties of Franklin and Clinton. Passed May 9, 1874. The People of the State of New York, repreeented in Senate and AeeenMy^ do enact aafoUowe : Section 1. The Western Plank-road Gompa&yt in the eonnties of Franklin and Clinton, is hereby authorized to demand and receive for every vehicle drawn by one or more animals one-half cent per mile for each and every animal in addition to the tolls it is now^by law author* ized to collect upon its roads. ^ 2. This act shall take effect immediately. Chap. 407.] NINETY-SEVENTH SESSION. 523 CJaap. 406. AN ACT to amend an act entitled "An act to authorize the lighting of public streets aiid avenues in the town of Fishkill, in the county of Dutchess," passed April ninth, eighteen hundred and seventy-three. Passed May 9, 1814 ; three-fifths being present The People of the /State of New York, represented in Senate and AssenMyy do enxwt asfoUows: Section 1. Section four of the act entitled *'An act to amend an act to authorize the lighting of public streets and avenues in the town of Fishkill, in the county or Dutchess/* passed April ninth, eighteen hundred and seventy-three, is hereby amended so as to leaA as follows : \ 4» Nothing contained in this act shall prevent the collection of taxes Taxes, for expenses now incurred in accordance with the provisions of the S? SSt pre- act bereby amended ; and the expense of lighting and maintaining vented: lamps in the territory contained within the incorporation of the village Expenses of Fishkill Landing, and described in the act herebv amended as the f/mps,^"' first general lamp district, for the period from December first, eighteen *<>•» *« be hooded and seventy-two, to May first, eighteen hundred and seventy- an^^i. three, shall be assessed upon ana collected by the trustees of the said i«<^t«inted and qualified notary public during said i)eriod ; but nothing Proviso, herein contained shall affect any suits or proceedings now pending in any of the courts of this State. $ 2. This act shall take effect immediately. 524= LAWS OF NEW YORK. [Chap. 409, Chap. 4:08. AN ACT to legalize and confirm the official acts of Ira Tifft as notary public in the town of Stephentown in the county of Rensselaer. Passed May 9, 1874 The People of the State of Neio Tork, represented in Senate and Asseinbl]/, do enact as follows : Section 1. All acts and proceedings that have been done by Ira Tiffl, tary Tegai' ^^ Stephentown, in the county of Rensselaer, as notary public since the ized. thirtieth day of March, eighteen hundred and seventylthree, are hereby legalized and confirmed, and shall be held to be of the same force and validity as if the term of office of said Ira Tifft as such notary public had not expired on the thirtieth day of March, eighteen hundred and seventy-three. Proviso. ^ 2. This act shall not affect the right of any party to any suit or legal proceeding which may have been commenced in consequence of tte invalidity of the official acts of said Ira Tifft as such notary public \ 3. This act shall take effect immediately. Official acts of no Time Tor fiBhinflr with giU Chap. 409. AN ACT to amend chapter four hundred and thirty-three of the laws of eighteen hundred and seventyrtwo, entitled "An act to amend chapter seven hundred and twenty-one of the laws of eighteen hundred and seventy- one, entitled ^An act to amend and consolidate the several acts relating to the preservation of moose, wild deer, birds and fish/ passed April twenty-sixth, eighteen hundred and seventy-one ; also to repeal section thirty of said act," passed April twenty-ninth, eighteen hun- dred and seventy-two. Passed May 9, 1874 ; three-fifths being present The People of the State of Neio Tork^ represented in Senate and Assembly y do enact as follows : Sbotion 1. Section seven of chapter foiur hundred and thirty-three of the laws of eighteen hundred and seventy-two, entitled "An act to amend chapter seven hundred and twenty-one of the laws of eighteen hundred and seventy-one, entitled 'An act to amend and consolidate the several acts relating to the preservation of moose, wild deer, birds and fish,' passed April twenty-sixth, eighteen hundred and sevenb^. one," is hereby amended by sbiking out the word ''and " between the woids "July and August '* at the end of the following sentence in said section, to wit : " Nor seines or nets of any kind in the waters of Otsego lake, except from the first day of March to the last day of August, and "^xtended ^^ giH-nets, cxcept during the months of July and August," and adding ^^ ^ ^ ' to said sentence, after the word "August," the words " and September. \ 2. This act shall take effect immediately. Chap. 410.] NINETY-SEVENTH SESSION. 525 Ohap. 4=10. AN ACT to authorize towns and villages to provide a sinking fund for the payment of their bonded indebt- edness. Passed May 11, 1814 ; three.fifths being piesent. 2%6 People of the State of New Tork, represefited in Senate and Assembly y do enact as follows : Sbction 1. Any town or inoorporated vilWe in the State of New Tax may York, having issued its bonds, or that may hereafter issue its bonds, for\^^,j^lng under the provisions of law, and said bonds being a valid debt of said bonds or town or village to mature or become due in a specified period of time, Jln^wng^* may by a vote of a majority of the electors present, and voting at any ^"^d- annual town meeting or charter election of said village, raise by tax levied upon the taxable property of said town or village, such sum as may be specified by said vote in the manner hereinafter provided, for the piirpose of buying and cancelling said bonds, or the purpose of providing a sinking fund for the ultimate payment of said bonds. ^ 2. The town lx)ard consisting of the supervisor, tewn clerk and Amoant justices of the peace in tewns, or the village trustees in villages, shall teminld meet at least twenty days before the annual town meeting or the annual by town village election, and shall determine by a majority of said board what vmaffe^'^ amount shall be annually raised for the purpose as described in section trustees. one of this act, and the form of the ballot and the manner of voting, and shall ^ve notice of such voting by posting at least five notices in public Notice, places in said town or village setting forth the time of such voting, the g^^ ^^' amoant to be raised, and the purpose for which the same is raised, and the result of such vote shall be operative until the same shall be changed bv a vote of said electors taken in a similar manner at a subsequent election. ^ 3. The money so raised shall be used to buy and cancel the said Mon^; lx)nds provided the same can be purchased at their par v^ue, or in case how g ^ Bald bonds cannot be so purchased, said money shall be paid over to the disposed county treasurer of the county, who shall loan the same at seven per ^ ' cent x)er annum interest, secured by mortgage on unincumbered real estate for a period of time equal to the time said bonds have to run, or invest the same in bonds of the State of New York or of the United States, and at the maturity of said town or village bonds, said money shall be applied to the payment of said bonds, and the supervisor of Duty of such town or president of the trustees of said village shall be charged of^S^n^Sr with the duty of receiving said money from said county treasurer, vuiapre giving security for the same in double the amount received ; and of p*"®"**®^*- purcl^ing or paying said bonds, and of cancelling the same in the presence of the said town board or village trustees as the case may be. be 526 LAWS OF NEW YORK. [Chap. 411. Chap. 411. ' AN ACT to authorize the county ofEssex to borrow money for the purpose of enlarging, repairing and improving its county poor-house, and to authorize the issue of bonds and provide for the payment thereof. PasBiod Ad^y U, 1814 ; ihxee-fifHis being pv^sent The People of the State of New York, represented in Senate and Aeaemblyy do enaet as foOanog : Treasurer SECTION 1. The treasurer of the county of Bssex is hereby authorized coan?y ^^d directed forthwith to issue the bonds of said county to an amount bondtf. in the aggregate of live thousand dollars of principal, said bonds to be of such denominations, not less than fifty dollars nor more than fire When hundred dollars, as he shall deem advisable, the said bonds to be made payable, payable at such times and in such amounts that bonds for fifteen hun- dred dollars of said five thousand dollars shall mature and become due on the first day of April, eighteen hundred and seventy-five, fifteen hundred dollars more thereof shall mature and become due on the first day of April, eighteen hundred and seventy-six, and the remaining two thousand dollars thereof shall mature and become due on the first day of Rate of in- April, eighteen hundred and seventy-seven. All of said bonds shall bear terest. interest at the rate of seven per centum per annum, payable annually, and shall be payable to the order of William P. Merriam, chairman of the committee of the board of supervisors of said county on repairs. Not valid enlargement and improvement of the county poor-honse, and shall not dorSed**^' ^ Valid or payable without his iudorsment, as such chairman ; and said bonds shall be payable by the treasurer of said county, at his office in said county. Bonds, to §2. Said bonds shall be delivered to William P. Merriam, Rowland be dSi^ C. Kellogg, Benjamin D, Glapp and Edmund 8. Higbv, committee of ered. ' repairs, enlarc^ment, etcetera, of said board aforesaid, their successors or To be survivors, and shall be sold by said committee as soon as practicable, ^^^- but not at a rate or price below the amount or nominal vcUue of the same resx)ectively. AyaiiB, ^ 3. The aviuls of said bonds shall be applied, by said committee, to applied^* the repair, enlargement and improvement of the county poor-house, pursuant to a resolution of said board, passed December twelfth, eigh- teen hundred and seventy-three. Tax fbr ^4. The Said board of supervisors of the county of Essex shall cause Pf fjjj^jjf to be levied, by tax upon the taxable property of said county, and col- lected and paid annually, such sums as may be necessary to provide for the pavment of the interest on said bonds, and such poison of the prin. cipal tnereof as shall become due on the first day of April tl^n next ensuing, until provision has been thus made for the payment of the whole principal and the interest thereon ; and the treasurer of said county shall apply the moneys so collected to the payment of the xnrin- cipal and interest aforesaid, as the said bonds snau mature as afore- said. \ 6. This act shall take effect immediAkely. Chap. 413.] MNETYSEVENTH SESSIOIf. B27 Chap. 412. AN ACT to confirm the election and proceedings of the truatees of Friends academy. PAesed May 11, 1874. The People qf the State of New York, represented in Senate and AeeenMy^ do enact a,8 foUows : Sbction 1. The election of John J. Thomas, Edward W. HBrendeen, Eioctioao Alexander M. Purdy, Bmmot Haines, Thomas H. Burgess, James Wood ^}[fl^/ and Isaac Mekeell as trustees of Friends Academy, an incorporated e ^f ^^ town oi Watsou, of the county of Lewis, a justice of peace le. the peace Bince the thirtieth day of Oistober, eighteen hundred and xaiized. geventy-three, are hereby legalized and confirmed, and shall be of the same force and validity as if the said Balph Beach, Junior, had duly qualified as such justice of the peace. ProTiso. ^ 2. Nothing in this act contained shall affect any action or proceedings now x)ending. ^S. This act shall take effect immediately. Chap. 417.] NINETY-SEVENTH SESSION. 529 Chap. 4:16. AN ACT further to amend section six of chapter two hundred and eighty of the laws of eighteen hundred and forty-five, entitled "An act for the publication of the session laws in two newspapers in each county of this State," passed May fourteenth, eighteen hundred and forty-five. Passed May 11, 1874 ; three-fifths being present. The People of the State of New Yorky represented in Senate and AseefrrMy^ do enact as follows : Section 1. Section six of chapter two hundred and eighty of the laws of eighteen hundred and forty-five, entitled "An act for the publication of the session laws in two newspapers in each county of this State," is hereby amended so as to read as follows : \ 6. Tlie publisher of each of the papers so designated as aforesaid. Rate per shall be entitled to receive for such publication of all the laws above ^"®* specified, a sum not exceeding iifty cents for each folio, such amount to te determined by the board of supervisors in each county. \ 2. This act shall take effect immediately. Chap. 4rl7. AN ACT to provide v^rays and means for the support of government. Passed May 11, 1874 ; three-fifths being present. The People of the State cf New York, represented in Senate and Assembly y do enatit as follows : Section 1. There shall be imposed for the fiscal year, beginning on state tax- the first day of October, eighteen hundred and seventy-four, on each ^^^^f"^^ dollar of real and personal property of this State, subject to taxation, begin- taxes for State purposes hereinafter mentioned, which taxes shall be "gtlSs??* aesessed, levied and collected by the annual assessment and collection of taxes for that year, in the manner prescribed by law, and shall be paid by the several county treasurers into the treasury of this State, to be held by the Treasurer for apjJication to the purposes specified, that is to say, for the general fund, and for the payment of those claims and For the demands which shall constitute a lawful charge upon that fund during g^|'*^ the fiscal year commencing October first, eighteen hundred and seventy- four, one and one-half mills. For deficiency in the general fimd, including the amount stolen from Deflcien- the State treasury to September thirtieth, eighteen hundred and seventy- eriofSaS four, sixty-nine one hundred and sixtieths of one mill. For the free school fund for the maintenance of common schools in Free this State, one mill and one-fourth of one mill, pursuant to chapter four Jgjj®* hundred and six of the laws of eighteen hundred and sixty-seven. For the pavment of the interest and redemption of the principal of state debt the State deot of two and one-half million dollars, as provided in chapter two hundred and seventy-one of the laws of eighteen hundred and fifly-nine, one-tenth of one mill. 530 LAWS OF NEW YORK. [Chap. 418. state bonnty debt. Kew Cap- itol. Asylnme and refbr* matories. For the payment of the interest and to_proyide for the redemption of the State bounty debt^pureiiant to chapter three hundred and twenty-* five of the la^ eighteen hundred and sixty-five, two mills. For the purposes of the new Capitol, one-half of one mill. For continuing the erection of the asylums and reformatories now in. process of construction, six-sixteenths of one mill. ^ 2. This act shall take effect immediately. special town meeting to be called. Vote to be taken thereat Electors may vote npon tlie qnesUon atnertan* nnal town meeting. Board of saporvis* ora to lery the sam voted. Moneys to be paid io commis- sioners. To exe- cute bond. Vacan> cies, how illled. Commis- sioners to render ac- coont. Chap. 418. AN ACT to provide for the building of a town house in the town of Bombay^ in the county Franklin. Passed May 11, 1874 ; three-fifths being present. The People' of the State of New York^ represented in Senate and AseenMy^ do emut as foUotos : Sbction 1. The board of auditors of the town of Bombay, in the county of Fmnklin, are hereby authorized and empowered to call a spedial town meeting of the electors of said town, in the manner pre* scribed by law for the calling of special town meetings, at which special meeting a vote of said electors shall be taken whether the sum of fifteen himdred dollars shall be assessed and collected from the taxable prop- erty of said town, for the purpose of purchasing a site and erecting- a town house for the said town of Bombay, in the village of Bombay, to be used for town purposes. If the said board of town auditors shall decide not to call a special meeting as hereinbefore provided, then the vote of the electors of said town shall be taken upon the said question at the next annual town meeting held in said town for the election of town officers. The said vote shall in any case be taken by ballot. ^2. If a majority of the electors voting at said meeting upon the aforesaid question, shall vote in favor of raising said money as specified in the first section of this act, then the board of supervisors of the county of Franklin shall, at their first annual meeting after the said vote shall have been taken, assess and cause to be levied upon the real and personal property of the said town of Bombav, in the same manner as the town and county charges are assessed ana levied, the said sum of fifteen hundred dollars, for the purposes mentioned in the iirst section of this act. ^ 8. The said moneys, when collected, shall be paid to Alvin Russell,, FranciB Shields and Ansel P. Willey, who are hereby constituted com- missioners for receiving said moneys and for procuring a site and build- ing said town house, out before receiving any money under this act^ they shall severally execute a bond with good and suflicieut sureties, to be approved by the county judge of said county in the sum of one thou- sand dollars, conditioned for the fiaithful performance of their duties under this act- Vacancies in said board of commissioners occasioned by death, resignation or refusal to serve, shall be filled by the county judge of said county. § 4. The said commissioners shall render a just and true account upon oath of all moneys received and disbursed by them under this act to the board of town auditors of said town of Bombay, and shall be jointly and severally liable for the faithful expenditure of such moneys for tlie purposes contemplated in this act. Said commissioners shall receive no compensation for their services as such. Gup. 419.] NINETY-SEVENTH SESSION. Chap. 419. AN ACT to enable the town of Sardinia, Erie county, to raise money to build a town hall. Paased May 11, 1874 ; thi^ee-fiiths beiug present The People of the 8tate of New Yorky represented in Senate and Assembly y do enact a^ follows : Section 1. The Bupervisor of the town of Sardinia and John Cole, Board of Seoree W. Strong, Alfred Rice and James Hopkins, shall constitute a SonS^to lioua of commissioners in said town, to purchase land and to construct pn*>cha.4e ind erect a town hall thereon in the village of 8lU'dinia, in said town, in erect*" thich public meetings and courts may be held, and in which the annual **^^" ^"'^ town and general elections shall be held, and for such other purposes as they deem expedient for the use and convenience of said town. The Cost not tost of which shall not exceed the sum of five thousand dollars, which fe^ow.***** the aaid commissioners shall borrow on the credit of said town, at a rate of interest not exceeding seven per centum, to be paid by installments Amonnt iaone, two, three, to five years inclusive, to be levied and collected in rowed!^' te same manner and time as other taxes are now collected by law in *id town. The amount borrowed to be paid in yearly installments of How to bo one thousand dollars each,, with the interest on the whole sum due and ^*^'*' to.beoome due at the time of each payment. \ 2. The said commissioners shall execute the bonds of said town, not Commfs- exceeding in the aggregate the sum of five thousand dollars, in sums oxroate^ fern one hundred to one thousand dollars each, with coupons attached, bonds, ^iig interest at the rate of seven per centum per annum ; one thou- interest. swd oollars to be paid each year together with the interest on all the fends due or to become due from the date of their issue. The said Bonds not konds shall not be sold by the commissioners at less then par, and the iSi^M^**^* wails thu reof shall be applied for the purpose mentioned in said first "»»» par. »ctbn of this act. \ 3. The said commissioners before entering upon their duties shall Commis- execute and deliver to the town board of the aforesaid town of Sardinia, ^ve^bSild. consisting of the town clerk and the justices of the peace, a bond with jood ana sufficient sureties, and in double the amount of the conditioned town bonds, and for the faithful expenditure of the same, as mentioned ^ said first section of this act. \ i All the rents and profits of said building after paying all Rents and roflts ap- ^xpenses of insurance, repairs, warming, lighting and taking care of the £[^ ,,^ «me shall be applied each year towards the payment of said bonds p"«i ^ Ml tie same are cancelled ; and the board of supervisors of the county Knds. of Erie shall each year levy and cause to be collected in the same snpervis- jairner and at the same time as other town taxes are levied and col. aSlinai®^ j^ted, a tax upon all the taxable property that may from, year to year ^^^\^ « wessed within said town, the amount certified by the supervisor S? KIS&. aud one of his associate commissioners requisite after deducting rents , the payment of interest due each year, and one thousand dollars of prindpal of the debt created under the provisions, of this act ; and the 5^d amount shall be applied annually toward the extinction of said bonded debt. \ 5. The supervisor of said town shall be treasurer of all rents and Treasarer ?o?6d8 collected fi-om the lessees of said town hall. The town clerk Town collect all rents and immediately pay over the same to the super- ^awjt 533 LAWS OF NEW YORK. [Chap. 421. visor of fiaid town and shall receive two per cent, for his Bervices, and Book to the said supervisor shall keep a separate book denominated town hall ^ ^^^^ accounts, and the town clerk and justices of the -pestce shall audit all said accounts, and submit the same at the annual town meeting of eadi year. Vacancy, § 6. In case of vacancy in the board of commissioners by reason of hpwfliied. death or resignation of any of the said commissioners or his removal from the town of Sardinia, or refusing to act as such commissioner^ said vacancy may be filled by the remaining commissioners. ^ 1. This act shall take effect immediately. Chap. 430. AN ACT reappropriating certain moneys for the improve- ment of the navigation of Peconic river, in the county of Suffolk. ^ Passed May 11, 1874 ; by a two-third vota The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The sum of five thousand dollars, appropriated for the improvement of the navigation of the Peconic river, in the county of Suffolk, by chapter eight hundred of the laws of eighteen hundred and seventy-two, entitled ^' An act making an appropriation for the improve, ment of the navigation of Peconic river, m the county of Suffolk," passed May twenty-first, eighteen hundred and seventy-two, is hereby reappropriated for the benefit of said improvement, and the Treasurer of the State of New York is hereby dii^ected to pay on the warrant of the Comptroller said sum to the said commissioners, in the same man« ner and upon the same conditions provided by said act passed May twenty-first, eighteen hundred and seventy-two. ^ 2. This act shall take effect immediately. Chap. 4r31. AN ACT to secure to children the benefits of elementary education. Passed May 11, 1874 ; three-fifths being present The People of the State of Neio York, represefUedx in Senate and AsseiMy, do enact asfoUofOs : Children SECTION 1. All parents and those who have the care of children shall itrnctcd. i^^struct them, or cause them to be instructed, in spelling, reading, iwit- To attend ing, English grammar, geography and arithmetic And every parent, Smwu**' guardian or other person having control and charge of any child weeka a between the ages of eight and fourteen years shall cause such child to y®*'- attend some public or private day school at least fourteen weeks in each year, eight weeks at least of wnich attendance shall be consecutiTe, or to be instructed regularly at home at least fourteen weeks in each year in spelling, reading, writing, English grammar, geography and arithmetic, unless the physical or mental condition of tne diild is such as to render such attendlance or instruction inexpedient or impracticable. tmstees to examine [a[tf.421.J NINETY-SEVENTH SESSION. 533 1 No child nnder the age of fourteen years shall be employed by No child persoQ^to labor in any business whatever during ^e school hours ^oycS to tny school day of the school term of the public school in the school labor, un- itrict or the city where such child is, unless such child shall have ^®^' »ded some public or private day-school where instnu^ion was given ft teacher qiialitied to instruct in spelling, reading, writing, geotf- "ly, English grammar and arithmetic, or shall have been regularly icfced at home in said branches, by some person qiiali&ed to instruct the same, at least fourteen weeks of the fifty-two weeks next pre- ceding any and every year in which such child shall be employed, and ' Aall, at the time of such employment, deliver to the employer a certifi- certm- cate in vnritinff, signed by the teacher, or a school trustee oi the district ^^^' or of a school, certifying to such attendance or instruction ; and any I] person who shall employ any child contrary to the provisions of this ' section, shall, for each offense, forfeit and i)ay a penalty of fifty dollars Penalty. \to the tieasurer or chief fiscal oflBlcer of the city or supervisor of the :iown in which such offense shall occur, the said sum or penalty, when 10 paid, to be added to the public school money of the school district in which the offense occurred. ^3. It shall be the duty of the trustee or trustees of every school school k*4^iict, or public school, or union school, in every town and city, in the \_^^_ ffloaths of September and of February of each year to examine into the [njo j^ta*. ^vtuaiion of the children employed in all manufacturing establishments chiMrcn h each school district ; and, in case any town or city is not divided inmmn^ .|iftio acliool districts, it shall, for the purposes of the examination pro- facuiring nMed for in this section, be divided by the school authorities thereof mental*^' r^tao districts, and the said trustees notified of their respective districts, towds, . «tt or before the first day of January of each year ; and the said trustee JJ be'lii*.* (^trastees shall ascertain whether all the provisions of this act are duly tiicted. L Aeerved, and reixjrt all violations thereof to the treasurer or chief fiscal vioijitions I'flBcer of said city or supervisor of said town. On such examination, ^rtedf ';ibe proprietor, 8ui)erintendent or manager of said establishment shall, on demand, exhibit to said examining trustee, a correct list of all chil- fen between the ac^es of eight ana fourteen years employed in said establishment with the said certificates of attendance on school, or of iiistmction. ^4. Every x)arent, guardian or other person having control and Parent or mtge of any child between the ages of eight and fourteen years, who S'send*** kas been temporarily discharged from employment in any business, in child to orier to be afforded an opporiffcwity to receive instruction or schooling, ^ ^' shall send such child to some public or private school, or shall cause such child to be regularly instructed as aforesaid at home for the period for which such child may. have been so discharged, to the extent of at )k9^ fourteen weeks in all in each year, unless the physical or mental ooadition of the child is such as to I'ender such an attendance or instruc- tion mexpedient or impracticable. \ 5. Hie trustee or trustees of any school district or public school, or TrnstoM the president of any union school, or in case there is no such officer, then ^?toin ^ 8DCh oflScer as the board of education of said city or town may desig- g^tJ/^f^ct Bate, is hereby authorized and emjxjwered to see that sections one, two, are en- ^bee, four and five of this act are enforced, and to rejwrt in vnciting all fo'^o®^*- violations thereof, to the treasurer or chief fiscal officer of his city or to fte supervisor of his town ; any person who shall violate any provision Penalties, of sections one, three and four of this act, shall, on written notice of 8Qch violation, from one of the school officers above named, forfeit, for ^^ first offense, and pay to the treasurer or chief fiscal officer of the city 534 LAWS OF NEW YORK. [Chap. 421. Penalties to bo ad- ded to school money. If parent or gnar- dian is nn- able to fur- nish text books, trnstees to fornisli tbein. Habitnal tmants. Boards of edacatiou or trustees to make needfhl rules and regrnla- tions con- eenilng truants. To pro- vide salt- able S laces, for iselpUne, Ac. Bales, Ac, to be ap- proved by aJastice or sn- prcme oonrt. To be flled and prlnt- ed« or to the supervisor of the town in which he resides, or such offeuse has occurred; the sum of one dollar, and after such first offense, shall, for each succeeding offense in the same year, forfeit and pay to the treas- urer of said city or supervisor of said town the sum of five dollars for each and every week, not exceeding thirteen weeks in any one vear during which he, after written notice from said school officer, shall have failed to comply with any of said provisions^ the said penalties, when paid, to be added to the public school money of said school district in which the offense occurred. ^ 6. In every case arising under this act where the parent, guardian, or other person having the control of any child between the said a^es of eight ana fifteen* years, is unable to provide such child for said four- teen weeks with the text-books required to be furnished to enable such child to attend school for said period, and shall so state in writing to the said trustee, the said trustee shall provide said text-books for said fourteen weeks at the public school for the use of such child, and the expense of the same sliall be paid by the treasurer of said city or the supervisor of said town on the certificate of the said trustee, specifying the items furnished for the use of such child. ^ 1. In case any person having the control of any child between the ages of eight and fourteen years, is uable* to induce said child to attend school for the said fourteen weeks in each year and shall so state in writing to said trustee, the said child shall, from and after the date of the delivery to said trustee of said statement in writing, be deemed and dealt with as an habitual truant, and said person shall be relived* ot all penalties incurred for said year after said date, under sections one, four and five of this act, as to such child. ( 8. The board of education or public instruction, by whatever name it may be called in each city, and the trustees of the school districts and union school in each town by an affirmative vote of a majority of said trustees at a meeting or meetings to be called for this purpose, on ten days* notice in writing to each trustee, said notice to be given by the town clerk, are for each of their respective cities and towns hereby authorized and empowered and directed on or before the first day of January, eighteen hundred and seventy-five, to make all needful pro- visions, arrangements, rules and regulations concerning habitual truants and children between s^d ages of eight and fourteen years of age, who may be found wandering about the streets or public places of such city or town during the school hours of the school day of the term of the public school of said city or town, having no lawful occupation or busi- ness, and growing up in ignorance, and said provisions, arraueements, rules and regulations shall be such as shall, in their judgment, be most conducive to the wel&re of such children, and to the good order of such city or town ; and shall provide suitable places for the discipline and instruction and confinement, when necessary, of such children, and may require the aid of the police of cities and constables of towns to enforce their said rules and regulations ; provided, however, that such provis- ions, arrangements, rules and regulations, shall not go into effect as laws for said several cities and towns, until they shall have been approved, in writing, by a justice of the supreme court for the judicial district in which said city or town is situated, and when so approved he shall file the same with the clerk of the said dty or town wno shall print the same and furnish ten copies thereof to each trustee of eadi school district or public or union school of said city or town. The said * So in originaL Cbap. 423.] NINETY-SEVENTH SESSION. 586 tmstees shall keep one oopjr thereof posted in a conspicuous place in or Copy to tpcni each school-house in his charge during the school terms each year. J^n J5?5^n In Kke manner, the same, in each city or town may be amended or school- revised annually in the mouth of December. ®"'*' 1 9. Justices of the peace, civil justices and police justices shall have Jnstioesof Juiisdiction, within their respective towns and cities, of all offenses and ^^,fS^' of all actions for penalties or fines described in this act, or that may be havejuria- tacribed in said provisions, arrangements, rules and regulations ®***"* anthorized by section ei^ht of this act. All actions for fines and pen- Actioiis, alties under this act, shall be brought in the name of the treasurer or brought chief fiscal officer of the city or supervisor of the town to whom the »me is payable, but shall be brought by and under the direction of the add trustee or trustees, or said officer designated by the board of edu- cation. ^10, Two weeks attendance at a. half time or evening school shall Evening fost all purposes of this act be counted as one week at a day school. «^*»«>ote. \ 11. This act shall take effect on the first day of January, eighteen hundred and seventy-five. Cliap. 4:33. AN ACT to further amend the charter of the Union Theo- logical Seminary in the city of New York. Passed May 11, 1814. The People of the State of New York, represented t« Senate and Assembly, do enact asfolUnjoa : SscnoN 1. The limitation of the amount of i)er8onal property which the " Union Theological Seminary in the city of New York " is, by existing statutes, authorized to acquire, hold, and dispose of, is hereby increased from two hundred thousand dollars to five hundred thou- sand dollars exclusive of the library, and of such professorships, schol- arships, and lectureships, or other offices connected with the educational department of the seminary as are now or may hereafter be from time to time endowed. ^ 2. This act shall take effect immediately. Chap. 423. AN ACT to amend an act entitled ^^An act to incorporate the Union League Club" of the city of New York, passed February sixteenth, eighteen hundred and sixty- nve, and the act amendatory thereof, passed March twenty-sixth, eighteen hundred and sixty -seven. Passed May 11, 1814. The People of the State of New Yorkf represented in Senate a7id Assembly, do enad a>8 follows: Section 1. The third section of the act entitled "An act to incorpo. Amend. »te * The Union League Club ' of the city of New York," passed Feb- ««»«. nary edxteenth, eighteen hundred and sixty-ftve as amended by the •ct entitled "An act to amend an act entitled 'An act to incorporate the 586 LAWS OF NEW YORK. [Chap. 425. Union League Club of the city of New York,' passed Febraary six- teenth, eignteen hundred and sixty-fLve," passed March twenty^sixth^ eighteen hundred and sixty-seven, is hereby amended so as to read as follows : Corpora- § 3. Said corporation may purchase and hold, or lease any real or may pnr- personal estate necessary and proper for the purposes of its incorpora- chase or tion, provided they shall not hold any real estate, the value of which o?pcrron- shall exceed fifteen hundred thousand dollars ; and the said corporation at estate, jj^y issue bonds and may execute mortgages upon their real estate to an amount not exceeding the value of such real estate and the improve, ments thereon. ^ 2. This act shall take effect immediately. Chap. 4=Q4=. AN ACT prohibiting the killing of quail within the counties of Orleans and Genesee for the period of three years, from the passage of said act. Passed May 11, 1814 ; three-fifths being present. The People of the State of Neto Torkf represented in Senate and Assembly, do ermct as follows: Qnau not SECTION 1. No person shall, at any time, for the space of three years, un^. within the counties of Gtenesee, Gayufi|a and Wayne and Orleans, kil], trap or snare any quail, under a penalty of five dollars for each quail so killed, trapped or snared. Penalty. § 2. Any person offending against the preceding section shall be pro- secuted as directed in section twenty of lavns of eighteen hnndred and sixty-seven, for the preservation of birds, firesh-water fish, wild deer and other game, passed May thirteen, eighteen hundred and sbcty. seven. § 8. This act shall take effect inunediately. Ohap. 425. AN ACT to release and convey to Sarah E. Morel all the interest of the People of the State of New York in certain real estate situate in the city of Brooklyn, county of Kings. Passed May 11, 1874 ; by a two-tiiird vota. The People of the State of New Tork^ represented in Senate and Assembly, do ena^ct asfoUoios: Title of Section 1. All the claim, right, title and interest of the People of the hSd in State of New York of, in and to all that certain lot, piece or parcel of Brooklyn land, wlth the buildings thereon erected, situate, lying and being in the released, twenty-fourth ward (formerly ninth ward) of the city of Brooklyn, county of Kings, bounded and described as follows : Beginning on the northerly side of Pacific street, at a point distant two hundred and seventy.five feet westerly from the northwesterly comer of Pacific street and Troy avenue ; running thence northerly, parallel with Troy avenue, one hundred fdet ; thence westerly, parallel with Pacific atieet. Chap. 426.] NINETY-SEVENTH SESSION. 587 one hnndied feet ; thenoe southerly, and again paiallel with Troy aTenue, one hundred feet, to Pacific street ; thence easterly along the northerly side of Pacific street aforesaid, one hundred feet to the place of beginning ; and all right, title and interest of, in and to Pacific street to the middle thereof in front of and adjoining said premises, is hereby released to Sarah E. Morel, the widow of Junius C. Morel, her heirs and assigns forever. ^ 2. Nothing herein contained shall be construed to impair, release Provtoo. or discliarge any right, claim or interest of any purchaser, heir-at-law, devisee or grantee, or of any creditor by mortgage, judgment or other- wise, in said real estate. § 8. This act shall take effect immediately. Chap. AN ACT to provide for the care of the lands and buildings known as Washington's Headquarters, in the city of Newburgh, and the property connected therewith. Passed May 11, 1814 ; three-fifths being present. The People of tJie State of New York^ represented in Senate and Assembly J do enact asfoUowa : Sbctioh 1. W. C. H. Sherman, James W. Taylor, James G. Graham, First tnu- C. B. Martin, David Carson, Peter Ward, E. C. Boynton, Joseph H. H. ^^' Chapman, Joel T. Headley and David Moore are hereby appointed trastees of Washington's Headquarters, in the dty of Newburgh in the eounty of Orange, two of whom shall serve for one year, two for two years, two for three years, two for four years and two for five years, to be determined by lot by said tmstees al their first meeting, and annu- ally thereafter one trustee shall be appointed by the Governor and one to be Senate to serve five years, and until others are appointed in their stead. SSSluiy^ The first meeting of the said trustees shall be held on the first Tues. First day of May, one thousand eight hundred and seventy-four, and meeting. annoally thereafter* on the first Tuesday in April in each and every Annnai year, at which meeting they shall appoint one of their number presi- ™ee^*»flr. dent, and the said trustees shall be known as the board of trustees of Washington's Headquarters. ^ 2. '^e said trustees shall have the care and management of said To have headquarters, and shall direct the expenditures of all moneys subscribed and mM- or donated for the improvement at said headquarters, with power to »f®™®y' make rales for the regulation thereof, and it shall be their duty to nna^n, provide for the preservation thereof, and for the protection of all «®- property belonging to the State of New York deposited therein ; but no debt shall be incurred and no expenditure nu^e unless funds are No debt to in the hands of the treasurer of said trustees sufficient to meet and pay JS/''*^""" sudi liabilities. Nor shall the State at any time be called npon for any state not approprmtiou for any expenses connected with said headquarters, or JJj^JJSprt- for any improvement thereof. ation, Ac. ^ 3. The said trustees may apx)oint a superintendent, who shall reside snperin. on the premises and keep the same open for visitors, at all reasonable ^^^^^^ honrs. & 4. No trustee or superintendent shall have any interest, direct or Not to inairect, in any contract for materials or labor jyrovided pursuant to ^^t Si 35 588 LAWS OF NEW YORK. [Char 427. any con- this act, Nor shall any trustee, secretary or treasurer receive any coiiu have com- P^nsatlon for any services to be rendered by them in connection with penaation. said headquarters. Bepeai. ^ 5. All acts and yeaiB of acts inconsistent with the provisions of this act are hereby repealed. ^ 6. This act shall take effect immediately. Chap. 4=27. AN ACT to amend an act entitled "An act providing for the opening and improvement of new roads and avenues and closing old highways in the town of Flatbush, in Kings county," passed April nineteenth, eighteen hun- dred and seventy-one. Passed May 11, 1814 ; three-fifths being present. The People cf tJue S^ate of New Yorky r^^n'esented in Senate and Assembly y do enact aafoUotoe : AppHca- Section 1. Whenever any application shall be made to " The Board opeu^ of Improvement of the town of Flatbush, in Bangs county," organized street, Ac. under chapter five hundred and sixty-seven of the laws of thw State, passed April nineteenth, eighteen hundred and seventy-one, entitled '^An act providing for the opening and improvement of new roads and avenues, and closing old highways in the town of Flatbush, in Kings county," to open or improve any street or avenue or any portion thereof^ or to close any public road or avenue, or any part thereof in the said Applicant towu of Flatbush, as in said act provided, the applicant or applicants Jte^iV ^*^^ deposit with the said board or its fjeasurer a sufficient sum to pay the cost and expense of the publication of the notice of the pend- ency of such application as in said act and herein required. In case Cost and such application is granted the cost and expense of such publication ofpnuuoa. ^^^^ constitute and be assessed as a part of the expense of the pro- Uon. ceeding, and be included in the report of the commissioners appointed to apportion and assess such expense, and the sum so deposited shall be returned to the party making the deposit when collected in such x^ro* ceeding, and not otherwise. Notices, § 2- All notices that are under the provisions of the said act required tion &e. ^ ^ published in two of the daily newspapers piinted and published of ' in the city of Brooklyn, shall also be published at least twice in a news* paper printed and published in the said town of Flatbush, if any, and the notice and sale of lands for assessments, or balance of assessments over awards, under and in pursuance of section seventeen of the said act and the provisions herein contained, shall be published once a week for four weeKs successively in such newspaper, if any, printed and pub- lished in the town of Flatbush, before the day designated for the sale co«t and thereol The cost and expense of the said additional publication of thereoc ^^^^ uotice of Sale shall form a part of the expense of such sali and the proceedings incidental thereto, within the meaning of said section sev* enteen and the provisions herein contained, and shall be added to the cost of advertising the same, as thereby required. The cost and expense of publishing all other notices, as above directed, shall form part of the expense of the proceedings to which they relate. coUcKBtor ^3. The collector to whom the warrant for the collection of assess- oneper^* ments Or balance of assessments over awards is delivered, as is pro- Chap. 427.] NINETY-SEVENTH SESSION. 539 Tided by section flixteen of the said act and the pfovisions herein con. cent, for tained, shall, in addition to the sums or amounts thereby authorized to [j^^nrer. be collected, collect one per cent on such assessments, or balance of asseasments, for the fees of the treasurer appointed under the said act, in receiving and disbursing, or disposing of the same as therein dii-ected, and such v^arrant shall command and authorize him to collect such addi- warrant, tional sum with and over and above the sums or amounts which in and by said section and said provisions are authorized and directed to be collected, and when collected to pay the same to the treasurer, with the other money to be paid to him. ^ 4 When a sum of money in gross has heretoft re been or shall here- when a ater be assessed upon any parcel of land designated in the report of gJ2be*e™ tbe commissioners of estimate and assessment on or for the opening of aMeswjd any street or avenue or in the report of the commissioners appointed to SSrcef o? assjess the exi)euses of improving any street or avenue, any person or ^nlnSv pepsons claiming to be interested in a divided or undivided part thereof estediu may at any time before the same is sold as in said act and herein Siereof authorized and directed, pay such part of the said sum and of the sums mnypav payable for collector's and treasurer's fees and interest under the pro- ^?tion of virion of the said act and those contained herein, as' the board of JJ|^^®"' improvement or the president thereof shall deem and certify to be just and equitable, and the remainder or balance of the sum so^afcssessed, and Balance of the sums payable for such fees and interest as aforesaid, shall be b?e*npon' chargeable on the residue of such parcel only which may be sold as in residue of said act and herein provided to satisfy such remainder or balance, in cei onlj-y the same manner and wiih like effect as if the remainder or balance of the sum so assessed had been imposed on the residue of such parcel only. It shall be the duty of the said board of impix>vement and the Board of president thereof to make such apportionment, upon application in Sfank writing by any party int^erested, stating the nature and extent of such preei'Usnt interest accompanied by a diagram of the parcel and showing thereon {SJ^por- also the true limits and boundaries of the shares therein of such appli- tionment. cant, or the part thereof belonging to him if a divided interest is claimed. 8ach application if made to the president, and his apportionment shall Proeident be reported by him to the board at its first meeting thereafter ; the J^iw??^"* application shall in all cases (whether made to the board itself or its tionment. president with the apportionment made thereon), be entered in the AppHca- minutes of the proceedings of the said board, and after being so entered, ontered^fn diall be filed in the office of the town clerk of the said town with the minntcs, report of the commissioners containing the assessment. ^* \ 5. If the amount payable for or on account of any divided or sped- when coi- led portion of any parcel of land or for or on account of any undivided jjtSte fii?t interest or otherwise, apportioned as is above provided, shall be paid ofappor, to a collector appointed under the said act or under the pro^dsions and pay' herein contained, he shall state the fact of such apportionment and pay- jjl^^^tum ment on the return of h s warrant to the treasurer of the board in addi- **** "™' tioii to the other fa(^8 now required to be stated in such return, and any party in- partv may, after such return, at any time before the premises assessed ^iy^ptiy are directed by the said board to be sold, pay to the said treasurer any balance, assessment or balance of assessment over awards or the portion thereof returned as unpaid with one per cent, thereon, and in addition thereto, Feeaand for his fees and interest on such assessment or balance of assessment, or i"*^*^'- Bnch portion thei-eof as aforesaid, at the rate of fourteen per cent. i)er annum from the day such warrant was returned to him ; and the said t^ea8urer shall receive the said sums, and he shall on the receipt thereof certm- give to the person making such payment a certificate of the fact, exe- ^^^' t 540 LAWS OF NEW YORK. [Chap. 427. cuted in the presence of a Bubacribing witness which, after its ezecation shall have been acknowledged or proved in the same manner as a deed To be filed is required to be acknowledged or proved to entitle it to be recorded, oonied. ®^*^^ ^ ^^^^ ^^ *^® office of the register of the county of Kings and recorded in a book for recording deeds, and thereupon the lien created Lien dia- Dj such assessment or balance of assessment over award shall cease and charged. ]^ discharged to the extent of the amount or proportion so paid and so fJEir as related to the land or the interest therein as to which such pay- ment was made. Treasurer ^ 6. The treasurer of the said board shall, after the return by the TOiFe?to!?8 <50^^6^^or of his warrant of collection as aforesaid, present such return return to to the board with a statement of the day on which it was made to him, jne o»ru. ^^^ ^j ^j^^ amouut paid to him by the collector, and also of the sum ^ or sums, if any, subsequently paid to himself, for or on account of any assessment or balance of assessment over award, and for interest Boani to thereon, in pursuance of the provisions herein contained, and the said for^ba"^ board shall thereupon order and cause the land and premises, and anoeofas-any share or interest therein on which any assessment or balance of seaBinont. assessments over award or portion thereof remained unpaid at the time of such report, to be sold at public auction at any convenient place in the Terms of sald town.of Flatbush, to the person or persons who will purchase the •***• same for the lowest term of years on paying such assessment or balance Interest, of assessment or portion thereof, and interest thereon at the rate of four- ^ teen per cent, per annum from the day such warrant was returned by the collector, togetner with six per cent, on such assessment or balance of assessment or portion thereof, and the expenses of such sale and the pro- ceedings incidental thereto, including the expense of giving the notice of sale which is in and by the said act and herein directed and required to be given instead and in lieu of the payments mentioned in the seven- Notice of teenth section of the said a(;t. If any payment has been made to the to^Btate!*' collector at the time of his return or to the treasurer at the time of his report, of a part of an assessment or balance of assessment over award after an apportionment thereof as herein provided, the notice of sale shall state what part of the parcel on which it was assessed, or what interest therein is to be sold, and for what portion of such assessment. Lien, how Or balance of assessment, it is to be made. After a sale is ordered, as eti*aftei?' herein provided, it shall be necessary, in order to procure a dischaige saieonier- of the lien by any assessment or balance of assessment or a portion ^' thereof remaining unpaid, that the amount thereof, with six i)er cent thereon in addition, and interest at the rate of fourteen per cent, per annum, from the time of the return of the collector's warrant as afore- said shall be paid to the clerk, besides the fees for acknowledging the certificates of payment in every case and after the premises are adver- tised, the expense of advertising or posting the notice of sale or the proportion thereof chargeable therefor, to be ascertained as is in the said seventeenth section provided, shall be paid in addition thereto, instead and in lieu of the amounts specified in the last clause of the Hud section, and said section, as applicable to sales hereafter ordered, is hereby amended in conformity with the above provisions and requirements. If assess. ^ 7. If any assessments or balance of assessment over awards on the balance poTcels of land heretofore advertised to be sold by order of the said mala mi?' ^^^^^^ ^^ improvement shall remain unpaid on the day designated for paid", pnr- the sale thereof, or on the day to which any sale or sales thereof have wiiTbe re. ^^^ adjourned, the clerk, on offering the said parcels or any of them for quired to sale on such day or any day thereafter, to which the sale or sales shall or tionai per. m&y be adjourned, shall declare and announce that the purchaser or pur- Chap. 427.] NINETY-SEVENTH SESSION. 54=1 chasers will be required to pay six per cent, on and in addition to the oentage amount of such assessment or balance of assessment over award, and four JJt ^^^' per cent additional interest over and above the int-erest and the other sums and expenses specified in the said sevent«eenth section of the said act, and such additional amount of percentage and interest shall be inclu- To be in- ded in the consideration or purchase money to be stated in the certift- pSJh^ cate of sale delivered to such purchaser or purchasers, and such con- money, sideratiou or purchase money shall be required to be paid by any To be paid person or persons claiming to redeem the premises sold from the sale JSdSSii-**'^ thereof; such sale shall have the same effet'^t as if the said section iner- had, in express terms, provided for and required the payment of the said six per cent, on and added to the amount of such assessment or balanoe of assessment over award, with such additional inter- est, and such requirement had been inserted in the notice of sale, and after such designated or adjourned day the said clerk shall be cierk may entitled to demand of the party or parties offering to pay any assess- ^me of ment or balance of assessment over award, or any portion thereof pBxty of- ' unpaid, six per cent, thereon with such additional interest as afotesaid. pay^n^.^ The said clerk previous to the day designated in a notice of sale now «c8»>noi»t- advertised, and the day to which any sale or sales have been adjourned aerk may as aforesaid, may publish a notice in general terms in a newspaper SS^ce!* printed and published in the said town of Flatbush, if any, that the parcels of land or the portions thereof or the interest therein on which what to any assessment or balance of assessment over award or any portion ^^ontain. thereof remain unpaid, without any specilication thereof, will be sold to any person or persons who will purchase the same for the lowest term of years, on paying the sums in this section specified, but that the pa3rment of the said six per cent, and such additional interest will not be required if made before the day of sale. The omission of such pub- Omissioii, lication shall not vitiate or in any manner affect the validity of such ®®5«*of. sale or sales. The expense of publishing such notice or notices shall be paid by the treasurer out of the interest received by him. The said clerk may receive any x)ortion of such assessment or balance of assess- ment over award, after the apportionment thereof as herein above pro- vided, with the interest thereon and expenses specified in the said seventeenth section before the day designated for the sale of the prem- ises in such advertisement, or by adjournment of the sale in this section referred to, and without the payment of any additional sum for the fees of the clerk, for collecting, or of the treasurer for receiving or disburs- ing the same, and he shall on such payment, and the payment of the cierk to fees mentioned in the last clause of the said seventeenth section, give ^^^'' a certificate of the fact, stating the amount paid, and on what portion or interest in the premises the payment is made, which certificate shall be acknowledged, filed and recorded, and the lien of such assessment, whenUcn or balance of assessment over award, shall thereupon cease and be dis- '<* ^^*^* diaiged so far as it affects or relates to the premises, or the portion thereof, or interest therein, for and on account of which such payment, as specified in the said certificate, was made. § 8. The nineteenth section of the said act is hereby amended, by the Amend- sibstitution of the word " of" for the word " to " whenever the latter ™«°*' word precedes the words " the assignee " or the words " such assignee," 80 that the said section shall provide for paying to the treasurer of the Rodomp- board the monies required to redeem the land sold for the benefit of "y 5nay "be the party to whom the certificate of sale was given, or of the assignee paid to the thereof filing an assignment on a duly certified copy thereof as in said ^®"'*'®'- act provided, and shall state that the amount so paid shall be deposited 54:3 LAWS OF NEW YORK. [Chip. 427. Treasarer by the Said treasurer in the Brooklyn Trust Company, to the eredit of same!*^^ the party named in Buch oertificate or of such aeeagnee. The said eeo^ tion is further amended by addimg the following clause thereto, riz : When, ^' In case there shall have been separate interest, divided or undivided, separate ^^ ^^3^ piece or parcel of land for any assessment or balance of asseaii* interest, ment over award thereon, ix for any portion thereof, at the time of Buch mayap- Sale, and such fact shall be made to appear to the satisfaction of the port^nw. said board of improvement by affidavit taken before a notary public or ^^^ ' commissioner of deeds (any of whom is hereby authorized to take it) or other satisfactory evidence, the said board may apportion the amounl^ for which said piece or parcel of land shall have been sold between the Redemp- several interests, and the preceding provisions in reference to redemp- ^^^' tion from sales shall apply to the several interests and amomiti) so apportioned, so that any party claiming such interest or a lien tlkereon, may redeem the same from the sale by paying to the said treasurer the amount required for such redemption, according to such apportionment. Affidavit. The affidavit or affidavits presented for the purpose of obtaining BUch 8tate!?in^ apportionment shall be recorded in the proceedings of the board, and Drocoed- the nature of the other evideuoe, with the said apportionment, shall also mld.^ be stated in the said proceedings, and the said affidavit or affidavits and such apportionment shall thereafter be filed in the office of the town clerk of the said town of Flatbush, with a copy of the report in the pro. oeedings in which such assessment or balance of a^^sessment was Peijoxy. imposed. Any party falsely swearing in making any such affidavit shall be guilty of perjury and* punishable for that crime." qerk to & 9. The clerk of the said board is hereby authorized to give a notice, Ic&of'ex- ^^ 1^^^ ^^'^ month previous to the expiration of two years from the day ptration of designated in the original advertisement of the sale for unpaid assess* time ibr *? . ^ • i» • • • x ^ redemp- ments in any proceeding for opemng or improving a street or avenue tiott. (which notice shall be entitled in or refer to the pro^eding), byapubli- cation thereof in a newspaper printed and published in the said town of Flatbush, if any, to the effect that the time for the redemption of the premises sold from the sale or sales thereof for assessments, or balance of assessments, or portions thereof, in such proceeding will expire at the expiration of two years from the day of the sale thereof, and that the time of such sale or sales can b^ ascertained by application to him. Such notice shall be published, at least once a week for three weeks successively, including the first publication thereof, as above directed^ Omission but the omission to give such notice shall not in any manner affect or ftic\ ri^t imp^if the right of any purchaser or purchasers on such sale or sales or of pur- postpone his or their right to a lease of the premises which shall be ^ ^^^' unredeemed at the expiration of the said two years frcnn the time of the sale thereof. The expense of publishing sudi notice (^all be paid by the treasurer out of the interest paid to him. Bopeai. ^ 10. iSo much of thie tenth Ibction of the said act as requires or directs the said board of improvement to ** tlag " the sidewalks of a street ot avenue» of such portion thereof as it shall by resolution deteraune aud decide to improve is hereby 3repealed. AppUoa- ^ 11. Whenever an application is made to the said board of improve- ^prore- nient to cause any street or avenue that shall have been opened under "treetwi ^^^ provisions of the said act, or part thereof so opened, to be improvdi oonsoiu? on ti&e consent of all the persons to be assessed therefor, as provided in ^- and by the tenth section of the said act, it may authorize sudi improve. How ment to be made in the same manner as if made by the board at the aathorue^ cost and expense of such applicants, but undw the Erection <^ the said •aou m. board, and the supervision of a superintendent to be appointed by it| Chap. 427.] NINETY-gEVENTH SESSION- 543 Aoie eompenflfttion, as fixed bj it, shall be paid hy said applicants, prove- and tbtgy sluUl agree with him to make such payment. In sucn case it made.^*^ tWl not be neoeoaary to give t^e notice of applicati(xi required to be Notice of paUMhed in and by the said section, and any load or avenue, or part fi^^^not thereof, so improved and approved bv the board, and any road or neces- ivenae or part thereof, so opened as aforesaid, which shall heretofore ^*^' bare been or diall hereafter be improved by the owners or a portion improTe- olsiKh owners of land fronting thereon, without the previous authority ™wnen^ d the flaid board may be accepted by it ; and all roads and avenues or may i>e firls thereof, improved, and approved and accepted as aforesaid, shall, *^^^*^' ifter flodh appro^ and acceptance, be under the charge of the oommis. sioiiers of highways in the said town, in the same manner as if the TSpiQ^ement thereof had been made by the said board, and the provi. Fifteenth aonaof the fifteenth section of said act shall apply to such roads and l^fpiyf ^ ftWDues, and parts, and the duties, power and jurisdiction of the said oommusionerB. ^ 12. Hie commissioners appointed to apportion and assess the Commu- expense of the improvement of any street or avenue or a part thereof, ||!if biTud. as provided in the tenth section of the said act, are hereby authorized iner> ^^ lal directed to sell any building or the portion thereof and all fences witiifntiie and other improvements within the limits and lines thereof at public gtracta^^* KKtioD, at a convenient place in the said town of Flatbush, to the fto. ' higbest bidder thereof, after giving a notice of the time and place of Notice SKhftile by publishing the same at least once a week for two weeks how^^v. mcoegaveiy in a newsx^aper printed and published in the said town of «n- Fhtbugh, if any, and in case no newspaper is so printed and published, then by posting such notice in five public places in the said town. The Time and tinie of BtK^ sale shall be at least ten day^ after the first publication of g^i"!^ ^^ the said notice in such newspaper or after posting the same as aforesaid. The terms of sale shall require the said buildings or portions of build- ings, fences and other improvements to be soki for cash, and for the lemoval thereof after such payment within a designated time after such ale, to be fixed by the said commissioners and to be announced at the tone and place of sale. The avails of such sales shall be applied, after ATaiis. paring the cost and expense of the publication of such notice, on account of the cost and expense of the improvement. i 13. The tenth section of the said act is hereby amended so as to commis. pronde and declare that the commissioners apx)ointed to apx)ortion and apporu^ aaK8S the expense of the improvement of any street or avenue or a part &"(> asmm thereof, as therein provided, shall in all cases apportion and assess the rafiiM^ aid expense (having credited thereon the avails of the sales of build- ^^• inp, fences and other improvements, if any) ratably according to the nomber of feet fronting on such street or avenue, on the lands of the Ki?enl owners, extending ba^^'^ ^^^^^ cause the Same to be prosecuted in the name of said town, of town, by such attorney as it shall designate, and the money collected shall be paid over to the said board or any member or members thereof to be designated for that purpose, to be applied as may be direct'Od by the said board for the purpose to which it would have been applicable by the party in default. (16. This act shall take effect immediatelv. Chap. 4:28. AN ACT in relatio^ to highways in the town of Flatbush, in Kings county. Passed May 11, 1814 ; three-fifths being present TTie People of the State of New Yorkf represented in Seriate and Assembly, do enact as follows: Commifl. Sbction 1. The commissioners of highways in the town of Flatbush, hi^^ys ^^ Kings county, shall cause the sidewalks on both sides of any public tocaoM highway heretofore opened and improved, or that shall hereafter be sdewftiks Qp^jjg^ ^jj^ improved according to law, in said town, or of any section nagged, of guoii highway, to be flagged with good quality flagging-stone, four Petitioii. feet wide, on the petition of a majority in interest of all the persons and corporations owning lauds 6onting thereon, estimated by the extent of their ownership on each side of sudi highway or section thereof, per lineal foot of such frontage, as hereinafter provided. They shall, on Chap. 428.J NINETY-SEVENTH SESSION. 545 the receipt of sach petition, give notice to the owner or owners of any Notice to land in front of which no flagging is laid, to have the same flagged as Slve nac^ aforesud within thirty days alter the servioe of such notice either per- ffiugdone. sonally or leaving the same at iheir place of residence or business, or by a general publication in a newspaper, if any, printed and published in the said town, once a week for four weeks successively, notifying all such owner or. owners to have the same so flagged by a day to be designated therein, at least thirty days after the iirst publication of such notice. Such notice shall state that it is ^ven in pursuance of this sec- what no- tion, and that the provisions thereof will be executed and enforced if Jute!***** each notice is not complied with. In case any such owner or owners if owners shall neglect to comply with the requirements of such notice, tlien the commis- said commissioners shall cause the sidewalk in front of the ]aud owned sionen to by them to be so flagged at the expense of such owner or owners, which same^tobe shall be assessed on such land and collected with the other taxes levi- ^<>°®- able thereon in the year such expense is incurred, but the amount Expense thereof shall be designated in the assessment roll in a separate and ^e*aa^«h additional column to that now required ; and the collector shall have ed, &c. the same power to collect the same by distress and sale of goods and diattels and otherwise of resident owners and occupants of such lands as is possessed by him in reference to such other taxes. The commis. Notices., sioners may cause the notices which may or shall be so served, other- wise than by such publication in a newspaper as aforesaid, to be printed and then to be signed by them before service thereof. The expense of such publication and of such printing shall be town charges, and be collected and levied with other town charges, and when collected be paid over to the commissioners, who shall pay the same to the par- ties entitled thereto. ^ 2. The said commissioners of highways are hereby authorized to Cross. cause crosswalks of stone flagging, or partly of such flagging and partly ^'*^^- of other stone, to be laid upon any such highway, where it crosses or intersects any other highway, within the district or territory in said town Iving between the east/erly side of the Coney Island plank-road and the westerly side of the poor-house road, so called, and the continua- tion thereof, at an expense of one thousand dollars in the first year Expense after the passage of this act, and of five hundred dollars in every year '^^o'^eof. thereafter ; and the board of supervisors of Kings county shall cause snpervis- 8uch sums to be raised in such years with the other taxes to be raised JJfa^game in the said town, and the said sums shall be assessed on the real and by tax. personal estate liable to taxation. in the part of such district or territory Upon which is liable for and chargeable with the expense of lighting the jSty.^"^ streets therein with gas, under chapter four hundred and forty-three of the laws of eighteen hundred and sixty-four. If any money raised and collected for such crosswalks, under the preceding provisions, shall not be required therefor, it shall be expended in the repair and im- provement of highways in the said district or territory. ^ 3. The said commissioners of highways shall annually deliver to Ck)mmis- the board oi supervisors of the said county a statement of the money fj^^yj Quired to be raised under the provisions and requirements of this act, «o deUver in which they shall state the specific purpose or purposes for which it toroj^"* is to be raised, and shall also designate what lands are to be assessed ▼^n- for and charged with the expense of flagging sidewalks, as provided in this act ^ 4 All and angular the powers conferred and the duties enjoined Powers *nd imposed on an overseer of highways in and by chapter seven Jf^mroS hnndred and seventy-six of the laws of eighteen hundred and seventy- sioners. LAWS OF NEW YORK. [Chap. 420. two, OT by any act or acts of which it is amendatory or to which it is supplementary, and all and singular the powers conferred and duties enjoined and imposed on an overseer of highways, in the said town, in and by chapter fifty-six of the laws of eighteen hundred and thirty, or so much thereof as is now in force, and by any act amendatory thereof or supplementary thereto, or so much thereof as is now in force, or by any other law applicable to such overseer of highways, are herebf con- ferred, enjoined and imposed on such commissioners of highways and each and every of them. Office & 5. The office of overseer of highways in the said town is hereby ^ 6. This act shall take efiect immediately. Ohap. 429. AN ACT to amend an act entitled "An act to determine a plan of grades for certain streets and avenues in the town of New Utrecht," passed June twenty-eight, eigh* teen hundred and seventy-three. Passed May 11, 1874 ; three-fifths being present. The People of the State of New Yorkf represented in Senate and AseevMy^ do enxK^ as foUotos : Commis- Section 1. The commissioners to determine and regulate a plan of be ap" ^^ grades in pursuance of the provisions* of an act passed June twenty- pointed, eighth, eighteen hundred and seventy-three, entitled " An act to deter- mine a plan of grades for certain streefjs and avenues in the town of New Utrecht," shall be three residents and freeholders of the town of New Utrecht, who shall be appointed within ten days after the passage of this act by the present supervisor of the town of New Utrecht ; .such appointment shall be made in writing and filed in the office of the clerk Powers of Said town. Said commissioners or a majority thereof shall exclusively Uw.^"' possess all the powers and be subject to all the duties which by said act of June twenty-eighth, eighteen hundred and seventy-three, were devolved upon the said town survey commissioners of said county. Expenses § 2. The expenses to be incurred by said commissioners or estimated plans of** by tiem to be necessaiy in making and concluding said plans of grade, mde to shall be reported by them to the board of supervisors of ELings county, ed, Ac^^ including compensation of their services, at txie rate of five dollars each compen- for each day of actual service, but not exceeding one hundred and fifty sation. dollars to each commissioner, and shall be charged to the local district described in said act of June twenty-eighth, eighteen hundred and sev- enty-three, and added to and made a part inseparably of the annual taxes next thereafter imposed or levied upon all of the taxable real estate therein and shall be collected therewith, and the amount so levied shall be paid by the collector of taxes to the said commissioners who shall expend the same for the purposes of this act Oommis- ^ 3. The Said commissioners shall conclude their labors on or before when^to ^^e thirty-first day of March, eighteen hundred and seventy-five, and concindo thereupon the powers and duties devolved upon them under this aci * ^"^ and upon all persons employed by them, shall cease and terminate. ^ 4 This act shall take effect immediately. Chap. 430.J NINETY-SEVENTH SESSION. 547 Chap. 430. AN ACT to facilitate the reorganization of railroads sold under mortgage, and providing for the formation of new companies in such cases. Passed May 11, 1814. The People of the State of New Tork^ represented in Senate and Assembly, do enact as follows : Section !• In case the railroad andxiroperty connected therewith, and Pnrchas- the rights, privileges and franchises of any oorpoTation created under ^i^j^^ ibe general railroad law of this State, or existing under any special act a body po of the Legislature thereof^ shall be sold under or pursuant to the judg- coii>orRte ment or decree of any court of competent jurisdiction made to execute ^^ F"i5f*"* the provisions or enforce the lien of any deed or deeds of trust,or mort- certifl-"^ gage theretofore executed by such company, the purchasers of such rail- <^**«- road property and franchises, their grantees or assic^ns, or a majority of them, may become a body politic and corporate with all the franchises, rights, powers, privileges and immunities which were possessed before such sale by the corporation whose property shall have been sold as aforesaid, by filing in the office of the Secretary of State a certificate, duly executed under their hands and seals, and acknowledged before an officer authorized to take the acknowledgment of deeds, in which contents certificate the said persons shall describe by name and reference to the JlS*^*** act or acts of the Legislature of this State under which it was organized, the corporation whose property and franchises they shall have acquired as aforesaid, and also the court by authority of which such sale shall have been made, giving the date of the judgment or decree thereof, authorizing or directing the same, together with a brief description of the propel^ sold, and shall also set forth the following particulars : 1. The name of the new corporation intended to be formed by the Name of ftfing of such certificate. . ^JiuSn. 2. The maximum amount of its capital stock, and the number of capital shares into which the same is to be divided. ****®^- 3. The number of directors by whom the a&irs of the said new cor- Nnmberof poration are to be managed, and the names and residences of the per- di'^ctow. sons selected to act as directors for the first year after its organization. And upon the due execution of such certificate and the filing of the Execn- same in the office of the Secretary of State, the persons executing such fliJJJ/o? certificate and who shall have acquired the title to the property and ceitffl. fhtnchises sold as aforesaid, their associates, successors and assigns, there^^ shall become and be a body politic and corporate by the name specified in Buch certificate, and shall become and be vested with, and entitled to exercise and enjoy, all the rights, privileges and franchises which, at the time of such sale, belonged to or were vested in the corporation formerly owning the property so sold, and shall be subject to all the duties and liabilities imposed by the provisions of the act entitled " An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty, and of the acts amendatory thereof, except so far as may be inconsistent herewith ; and a copy of the said certificate, by the Secretary of State or his dep- Copr of uty, shall be presumptive evidence of the due formation of the new cor- eJidencef poration therein mentioned ; provided, always, that a majority of said FroTiso. ' persons shall be citizens and residents of this State. 54:8 LAWS OF NEW YORK. [Chap. 430. When ^ 2. In case the persons organizing the new corporation to be formed, ilSraUon ®* provided in the first section of this act, shall have acquired title to may issue the railroad property and franchises which iriay have been sold as in stock* ^^^ B8id section mentioned, pursuant to any plan or agreement for the readjustment of the respective interests therein of the mort'gage credi- tors and stockholders of the company owning such property and firan- chises at the time of any such sale, and for the representation of such interests of creditors and eitockholders in the bonds or stock of the new corporation to be formed, as mentioned in said section, the said new corporation shall be authorized and have the power to issue its bonds and stock in conformity with the provisions of such plan or agreement ; When u and the said new corporation may, at any time within six months after prond^" ^^ organization, compromise, settle or assume the payment of aay debt, Ac., debi claim or liability of the former company, upon such terms as may be compa^. approved by a majority of the agents or trust-ees intrusted with the carrying out of the plan or agreement of reorganization aforesaid ; and Prefer, for the purposes of such plans and of such settlements, the said new divldenda. Corporation may and shall be authorized to establish preferences in respect to the payment of dividends in favor of any portion of its said Proviso, capital stock, and to divide such stock into classes ; provided, never, theless, that nothing herein contained shall be held to authorize the issue of capital stock by the said new comx)any to an aggregate amount exceeding the maximum amount of such stock mentioned in the certifi- cate of incorporation. Stockhoia- § 3. Every stockholder in any oompanv, the franchises and property pnny^"' whereof shall have been sold as aforesaid, shall have the right to assent has to the plan of readjustment and reorganization of interest pursuant to. to a^ent which such franchises and property shall have been purchased as afore- to ijj!^^^^ said, at any time within six mouths after the organization of said new menl^ company , and by complying with the terms and conditions of such plan become entitled to his pro rata benefits therein according to its terms. Railroad § 4. Full power is hereby given to the railroad commissioners, cor- 8i^o"nera of P^wtte authorities or proper officials of any city, town or village, who any city, may hold stock in any corporation, the property and franchises whereof ^'ent to shall be liable to be sold, as mentioned in the first section of this act, to plan of re- asseut to any plan or agreement of reorganization which provides for tion^° ^ the formation of a new company, in conformity with this act, and the issne of issue of stock therein to the proper authorities or officials of said cities, exchaug© towns or villages, in exchange for the stock of the old or former com- ibr stock pauy by them respectively held at par, subject to the foregoing pro- company, visions of this act And such railroad commissioners, corporate author- May as- ities or other proper officials, may assign, transfer or surrender the stock stock held ^ ^^ them in the manner required by any such plan and accept by them, in Ueu thereof the stock issued by said new corporation in conformity therewith. ^ 5. This act shall take effect immediately. iiamo Chap. 431.] NINETY-SEVENTH SESSION. 54=9 Chap. 431. AN ACT to incorporate the Buenaventura and Cauca Valley Railroad Company. Passed May 11, 1874. The Pe&fle of the State of New York, represented in /Senate and Assembly, do eruu^ asfoliows : Sbction 1. Charles Fox, R. E. Graves, Charles 8. Brown, David R. Corpora- Smith, George E. Church, Abram Wakeman, Charles H. Kingman, '**"• George W. Gere, A. T. Moore and their associates, successors and assigns, aie hereby constituted a body corporate by the name of the Buena- corpor- ventura and Cauca Valley Raibroad Commny, for the purpose of con- J^^^ "b" strueting and maintaining a railroad witn one or more tracks and all Jects. convenient docks, buildings, machinery, fixtures and appurtenances from Baenaveutura to the Cauca river, in the United States of Columbia, South America, under the contract made with that republic July sixth, eighteen hundred and seventy-two, modified and approved at Bogota, Pebpuary twenty-fourth, eighteen hundred and seveixty-three, and of purchasing and navigating such steam or sailing vessels as may be proper ana convenient to he used in connection with the said road, and for such purposes all the necessary and incidental power is hereby Powers, granted to said corporation. ^ 2. The capital stock of said corporation shall be fixed by the Capftai directors at a sum not less than one million of dollars, with liberty to **^^' increase the same at any time to a sum not exceeding five millions of increase, dollars. Said stock shall be divided into shares of one hundred dollars shares to each, and shall be deemed personal projwrty , transferable in such ©J person- manner as the by-laws of said corporation shall direct. The said *i estate, corporation may commence operations when one hundred thousand whencor- dollars shall have been subscribed and paid in. The directors may Slay com- appoint three of their number as commissioners to receive subscriptions menco op- for said capital stock at such times and under such rules and regulations ^* °'"' as they shall prescribe. § 3. The concerns of the said corporation shall be managed by nine Number directors/ who shall be stockholders, and who (except the first directors ofa^Jthei^ hereby appointed) shall hold their offices for one year and until others <^nauiica. are chosen in their placea The i)er8ons named in the first section of term ©fl^- tWs act shall be the first directors. The directors, except the first year, flee, shall be annually chosen at such time and place in the dty of New Directors York, and on such notice as shall be directed by the by-laws of said J2n InnoT corporation. At all meetings of the shareholders, each share shall auy. entitle the holder to one vote, to be given in person or by proxy. In cue it should at any time happen, that an election of directors shall Faiinre to not be made on the day appointed by the by-laws of the said corpora- Jictore' tion, the said coiporation shall not for that cause, be deemed to be not to dis. diasolved, but such election shall be held on any other day, which shall ^^tioiT be appointed by the directors of the said corporation, \ 4. The direc^rs shall appoint one of their number to be president. Directors and may appoint such other officers and agents as they shall deem a**p?g^*"' necessary, ana they may make and establism such by-laws, rules and dent, &c. regulations as they think prox)er and exi>edient touching the disposition By-iawa, and management of the property, estate and efiects of the saia corxx)- ^®* ration, the transfer of shares, the duty and conduct of their officers and { 550 LAWS OF NEW YORK. [Chap. 431. servants, the election and meeting of the directors, and all matters whatsoever, which appertain to the concerns of the said corporation. VaoancT When any vacancy shall happen among the directors, it may be filled r^tora, ^7 *^® remaining dii-ectors; and they may remove all officers appointed haw filled, by them, and appoint others in their places, and fill all vacancies in the offices. Payment ^ 5. The directors may require payments of subscriptions to the stock MbScrip. ** s^^^^ times and in such proportions, as they may deem proi)er, under tions. the i)eualty of forfeiting all stock and the previous payments made thereon, and may sue for and recover all such subKTiptions. Powers of ^ 7.* It shall be lawful for the said corporation to contract for the pora^?oD. pun^hase of all the rights, privileges and immunities granted by the said United States of Columbia, as stated in section first of this act, and for the purchase of the lands granted by said Republic, and to recseive a conveyance and hold the same in like manner, and to leaf«e or sell the same and convey any of such lands which the said corporation shall not deem necessary to retain, and to build and construct all such build. ings, piers, docks, basins and harbors on the said lauds as the said corporation may deem expedient. Power to ^8. The said corporation may borrow, from time to time, such sum money ^' sums of moucy as may be necessary to complete said road, and for aadseonre the Other purposes authorized by this act, and may issue and di^x)Be of ment*^' their bonds for any amount so borrowed, and are hereby authorized to thereon mortgage any part of their corporate property and privileges to secure Conver- the payment of such bonds, and the saia directors may confer on the SSon.u into ^^Iders of any bonds they may issue for any money so borrowed, the stock. right to convert the principal due thereon into stock of the said corpora- tion at any time not exceeding five years from the date of said bonds, inoreaso uuder such regulations as the directors may see fit to adopt, and for su^lf for ^^^^ purpose the said corporation are authorized to increase the capital tiiat pur- stock to the amount so borrowed whenever tibe persons, or any of them, ^^^^' to whom such moneys are due, shall elect to convert the same into stock. indiv'uia- ^ 9. Each and every stockholder shall be individually liable to the ol'stock!'^ creditors of said corporation for all the debts that may be due and owing holders to by Said corporation to their laborers and ^rvants for services per- of^com." formed, and for all other debts and liabilities of the said corporation, to pany, the amouut of the stock held by him, until he si tail have paid in full the amount of such stock so held. But no stockholder shall be pmonally liable for the payment of any debt contracted by the said corporation which is not to be paid within one year from the time the debt is con. snit. tracted, nor unless a suit is brought for the collection of snch debt be'eoiii? against said corporation within one ^ear after the debt shall become meneetL due, and no suit shall be brought against any stor*kholder in said corpo- ration for any debt so contracted, unless it shall be commenced within one year after he shall have ceased to be a stockholder in said corpora. tion, nor until an execution against the corporation shall have been Trustee or returned unsatisfied in whole or in part. No x)erson holding stock in Eoid?uV ^^^ corporation as executor, adxninistrator, guardian or trustee, and no stock aB person holding such stock as collateral security, shall be personallv secara^^ liable as a stockholder of said company, but the person pledj^ng snch not liable stock shall be considered as holding the same, and shall be liable as a holder, stockholder. 1 10. This act shall take effect immediately. • So In original. Chap. 432.] NINETY-SEVENTH SESSION. 561 Ohap. 4:32. AN ACT ceding jurisdiction over certain upland and sub- marine sites in the State of New York for light-house purposes of the United States. Passed May 11, 1814 ; by a two-third vote. The People of the State of New Torky represented in Senate and Aesefnbly, do enact aa follows : Sbction 1. Jurisdiction is hereby ceded to the United States over so jnrisdio. touch land as from time to time has been deeded to and occupied by to^SuT^^^ them for the construction and maintenance of light-houses and keepers' umted dwellings within this State, sketches and descriptions of which, by ^***®*' metes and bounds have been filed in the office of the Secretary of State on the twentieth of April, eighteen hundred and seventy-four, viz : No. 1. Split Rock, Lake Ghamplain, Essex county. New York, con- Dosorip. taining five acres, two quarters and six perches, conveyed to the Uni- ^n^ ced- ted SliateB by deed dated the fifteenth day of July, in the year one ed. thousand eight hundred and thirty-seven. No. 2. Stuyvesant, county of Columbia, New York, containing five aeres, conveyed to the United States by deed, dated August thirteenth, in the year one thousand eight hundred and twenty-eight. Na 3. Ck)xsackie, county of Greene, New York, containing five acres, conveyed to the United States by deed dated the third day of August, in the year one thousand eight hundred and twenty-eight. No, 4. Four-mile ix)int, town of Goxsackie, county of Greene, New York, containing two acres, two roods and twenty-five rods, conveyed to the United States bv deed dated the twelfth day of February, in the year one thousand eighth and thirty-one. No. 5. Cedar-Island light, Gardiner's bay, town of Easthampton, oaonty of Suffolk, New York, conveyed to the United States by deed dated the twentieth of August, in the year one thousand eight hundred and thirty-eight. Also, for the lands lying under water, and known as sub-marine sites, sketches and maps of which by metes and boimds have been fur- nished bir the United States were filed in the office of Secretary of State on the twentieth day of April, in the year one thousand eight hundred and seventy-four, viz : No. 6. Harts Island, situated in Long Island sound, Westchester county. New York, at the south end of Hart Island, under water and beyond low water mark containing three acres and seventy-five hun. dtedths of an acre. No. 1. Execution Bocks, Long Island sound, one hundred feet in diameter, containing less than an acre, situated seven-eighths of one mile north of Sands Point light, and five miles to the northeast of Fort Schuyler, No. 8. Robin's Beef, New York harbor, containing an area of less than one acre. No. 9. Long-beach bar, entrance to Greenport harbor. Long Island, Snfiblk county. New York, containing an area of less than one acre. Stratford shoal. Long Island sound, New York, containing an area of less than one acre. • So in original. 552 LAWS OF NEW YORK. [Chap. 482. How filT the State of Now York re- tains Goa- carrent Jnrisdic- tion. Exemp- tionfrom taxation. No. 11. Race Bock, off Fisher's Island point, at the western entrance to Fisher's Island sound, Suffolk oouuty. New York, containing an area of less than one acre. No. 12. Hudson dty, middle ground, Hudson river, opxK)site the city of Hudson, county of Columbia, New York, containing an area of less than one acre. No. 13. Saugerties, on the mud flat on the north side of entrance to the Saugerties creek, county of Ulster, New York, containing an area of less than one acre. No. 14. Boah Hook, on the west side of Hudson river, behind the angle of the dyke, south of Roah Hook, New York, containing an area of less than one acre. Pamda Hook, on point of rocks, lower end of dyke, on west side of the Hudson river, New York, containing an area of less than one acre. No. 16. Nine-mile tree, Gastleton behind the center of dyke, on the east side of the Hudson river, New York, containing an area of lees than one acre. No. n. Cross-over dyke, on north end of stone dyke, below Albany, on the west side of the Hudson river, New York, containing an area ot less than one acre. No. 18. Cuyler's dyke, on the east side of the Hudson river, on the lower or south end of dyke, near Albany, New York, containing an area of. less than one acre. No. 19. Van Wie's point, on the south end of the stone dyke, below Albany, New York, on west side of the Hudson river, containing an area of less than one acre. No. 20. Potter-s, or Sea-flower reef, Fisher's Island sound, Suffolk county. New York, about one and a half miles north of Fisher's Island, containing an area of less than one acre. No. 21. Sand spit, entrance to Sag Harbor, Suffolk county, Long Isliand sound, New York, containing an area of less than one acre. No. 22. Branford reef, abreast of Kanford harbor, Long Island sound. New York, containing an area of less than one acre. No. 23. Romer shoal, off Sandy hook, entrance to New York harbor, containing an area of less than one acre. No. 24. Ovster.pond point, plum gut entrance to Gardiner's bay. Long Island sound, Suffolk county, New York, containing an area of less than one acre. No. 25. The Stepping Stones, about one mile south of Hart Island, Long Island sound, New York, containing an area of less than one acre. No. 26. Mill reef, opposite New !foighton, in the kill von kuU, Rich- mond county, New York, containing an area of less than one acre. ^ 2. The said jurisdiction is ced^ upon the express condition that the State of New York shall retain a concurrent jurisdiction with the United States, in and over the property aforesaid, so far as that all civil and criminal process whi<;h may issue under the laws or authority of the State of New York may be executed thereon in the same way and manner as if such jurisdiction had not been ceded, except so far afl such process may affect the real or personal property of the United States. § 3. The said property shall be and continue forever thereafter exonerated and discharged from all taxes, assessments, and other charges which ma^ be levied or imposed under the authority of this State ; but the jurisdiction hereby ceded, and the exemption from taxation hereby granted shall continue in respect to said property so long as the same CtaAP. 433.] NINETYSEVENTH SESSION. 553 shall remain the property of the United States, and be used for public purposes and no longer. § 4. This act shall take effect immediately. Chap. 433. AN ACT relative to the Metropolitan Drawing-room Car Company. Passed May 11, 1814. The People of the 8tote of New Tork^ represented in SeucUe atid Assembly y do encu^ cu follows : Section 1. The Metropolitan Drawing-room Car Company, a corpora- company tion duly organized under and pursuant to the provisionB of the act otf^^^^^' the Legislature of the State of New York, entitled "An act to authorize contract the formation of corporations for manufacturing, mining, mechanical or tlin*ra?f- chemical purposes," passed February seventeenth, eighteen hundred «^«j| com and forty-eight, and the several acts amendatory thereof and additional Sri y! clly, thereto, is hereby authorized and empowered if) enter into contract with any railroad company or corporation whose road is or shall hereafter be operated in the city of New York, by animal or dummy engine power, to run its cars, or to lease the right to run the same upon and over the road of such corporation, for the transportation of passengers upon such terms as may be mutually agreed upon. ^ 2. It shall be lawful for the said company, its successors, lessees or Chaise assigns, to charge, collect and receive for the use of said car, in all cases, Si]*'*' ®' for each passenger, a simi not exceeding ten cents for each and every time any passenger shall ride therein. § 3. Any railroad company permitting the use of said drawing-room Railroad cars shall, nevertheless, keep and run sufficient first-class cars, of the fee"!© run style now in use in New York city, for the fare and, as now required cara of by law, for the convenient use and occi^;)ation of all passengers not Bt?ie*and wishing to use a drawing-room car ; and on every such drawing-room JJjtJ^®'** car there shall appear, in conspicuous letters, ** Drawing-room car," and Aire, the amount of fare for transportation therein, and, in default of which, no charge shall be made for the use of such drawing-room car ; nor company shall either company be allowed to collect fare from any x>a8senger J^^Ji fer^*' who is not provided with a seat, and it shall be a misdemeanor for any tiniess conductor or driver or other person to receive any fare from any pas- Fs^fSrSSf- set^er upon such cars of either company who shall not be Aimished with fl^^^^ a seat ^ 4. Nothing in this act contained shall be so construed as to exonerate Damages any railroad company from the payment of damages for injuries, in the ^^'^^^J'^'y- same way and to the same extent as they would oe required to do by law had the same occurred by any other car operated by such company. ^ 5. This act shall take effect immediately. S6 LAWS OF NEW YORK. [Chap. 434. Corpora- ton. Corpor- ate name and term of exist- ence. Bnsineas. Corpora- tion to pro- Yide suita- ble boats. Rates of ftrrlage. Capital stock. When company may or- ganize. Directors may in- crease stock. Directors. First elec- tion. Vote. Directors to appoint S resident, iC. By-laws. Vacancy. Failure to elect di- rectors not to dis- solve cor- poration. Powers, Ac. Chap. 4:34. AN ACT to incorporate the Yonkers Ferry Company,. Paseed May 11, 1814. The Beetle of the State of New York, represented in Senate and Assembly, do enact as follows : Sbction 1. James Stewart, John Wheeler, Joseph L. Proaeus, Michael Dearman, Henry B. Archer and Matt. H. Ellis, and their associates, or assigns, are hereby created a body politic and corporate, for the ijeriod of twenty years, by the name of the Yonkers F»ry Company, and by that name may sue and be sued, and take, purchase and hold such real and personal property as may be necessary for its business. ^ 2. The business of the corporation shall be the establishment and maintenance of a ferry across the Hudson river, from such places or points in ihe city of Yonkers to such places or points on the opposite shore, in the State of New Jersey, as said corporation may select The said corporation shall provide and maintain a suitable and necessary boat, or boats, for carrying and transporting to and from said points passengers, vehicles, cattle, merchandise, and all other articles of prop- erty, at such prices or rates as the county court of the county of West- chester may, from time to time, establish. & 3. The capital stock of said corporation shall be fifteen thousand dollars, divided into shares of the par value of fifty dollars each ; and whenever ten per cent, of the capital stock shall have been subscribed and paid in, said company may proceed to organize and do business. Said stock shall be considered personal property, and shall be transfer- able on the books of said company. The (Urectors of said corporation may at any time, with the consent, in writing, of the stockholders hold- ing a majority of such stock, increase such capital stock, provided that such increase shall not exceec^ the sum of one hundred thousand dollars. § 4 The a&irs of said corporation shall be managed by five direc- tors^ to be elected annually by and from the stockholders. The first election shall take place within two years from the organization of said company, and until such election the afiairs of the company shall be managed by the corporators first named in the first section of this ad. Each share of stock shall entitle the holder thereof to one vote, either by person or proxy. ^ 5. The directors may appoint a president, sec^retaiy, treasurer and such other ofiicers as may be deemed necessary, who shall hold their offices for such term as the directors may determine, and may make and order such by-laws and regulations, not inconsistent with the laws of this State or of the Unit^ States, as they may deem necessary and proper. In case of death, incapacity, or resignation of any of said direc- tors, the board may fill such vacancy by appointment until the next annual election. § 6. In case an election of directors shall not take place on the day appointed, the corporation, for that cause, shall not be dissolved, but an election may be held on another day, as may be prescribed by the by-laws of said company. ^ 1. The corporation hereby cieated shall x)088e88 the powers and be subject to the provisions of title three, chapter eighteen, of the first part of the Revised Statutes, so £Eur as the same are applicable, and not other- wise provided in this act. Chap. 435.] NINETY-SEVENTH SESSION. 555 \ 8. It shall be obligatory upon said company to organize and bave Ferry, the said ferrv in operation for the accommodation of passengers and S'ln^^ope- teams on or before the expiration of two years from the passage of this riUion,fto. iet ; and the said ferry shall thereafter be kept continuously in opera, tion, except when ice, fog or stress of weather shall make navigation dangerous, and should said company fail to commence running ih^ir Forfeit- boat as aforesaid, or should they fail to continue nmniug when uaviga- ohlrter. iion shall be safe, then, in either case, the charter hereby granted to said company shall be forfeited, and remain null and void ; provided, however, that any laying up of a boat for necessaiy repairs during a reasonable time shall not cause a forfeiture of the charter hereby granted. ^ 9. If any company, person or persons, after the Yonkers Ferry Com- Ferpyinff pany slmll have established a ferry pursuant to this act, shall transport, SJhera^ without the consent, in writing, of the president or secretary of said prohibit- company, any passenger or property, for hire or pay, across the Hudson ®^* river from any point within two miles of the landing places of said ferry company, every x)er8on offending shall forfeit and pay to the com- penalty pany hereby incorporated the sum of ten dollars for every such offense, ">«refo»^« to be sued for and recovered in any court of competent jurisdiction ; bat this provision shall not exclude any person from the right of carry, ing or transporting himself, or any member of his family, or his own property, in his own boat, across the said river within the limits afore, saia. ^ 10. This act shall take effect immediately. Chap. 4r35. AN ACT to amend an act entitled ^^An act to amend an act entitled *An act to authorize the sale of lands for non-payment of taxes, and for the collection of unpaid taxes in the county of Westchestey ,' passed April six- teenth, eighteen hundred and sixty, and the acts amen- datory thereof, passed March twenty-sixth, eighteen hundred and sixty-one, and May fifth, eighteen hundred and sixty-three, and April seventeenth, eighteen hun- dred and sixty-eight, so that all of said acts shall apply to the county of llichmond as well as for the county of Westchester," passed April twenty-first, eighteen hun- dred^ and seventy. Passed May 11, 1814 ; three-fifths being present The People of t?ie State of New Tork^ represefited in SetuUe and AssenMyy do enact as folUnos : Sbctiov 1. The act entitled '^An act to amend an act entitled ^An Amend- Bet to authorize the sale of lands for non-payment of taxes, and for the ™^*^^- ooUeciion of unpaid taxes in the county of Westchester,' passed April nxteenth, eight^n hundred and sixty, and the acts amendatory thereof, passed Mfurch twenty-sixth, eighteen hundred and sixty-one, and May fifth, eighteen hundred and sixty-three, and April seventeenth, eighteen handred and sixy-eight, so that all of said acts shall apply to the county of Bichmond as -well as the county of Westchester," passed 556 LAWS OF NEW YORK. [Chip. 486. April twenty-first, eighteen hundred and aeyenty, is hereby amended BO as to read b» follows : ProTisions ^ 1. The aot to amend an act entitled '^ An act to antiiorize the sale piicdlo^^' o^ lands for non-payment of taxes, and for the collection of unpaid Richmond taxes in the county of Westchester," passed April sixteenth, ^ghteen ooanty. ^qq^j^^ g^^^ sixty, and the acts amendatory thereof, passed March twenty-sixth, eighteen hundred and sixty-one, and May fifth, ei^teen hundred and sixty-three, and April seventeenth, eighteen hundred and sixty-eight, are hereby amended so that the provisions of said acts shall apply to the county of Richmond as well as to the county of Westchester. Unpaid ^ 2. All the powcrs and duties granted to, or conferred or imposed powers upon the county treasurer or the supervisors of the county of Westchester oftreasa-^ in relation to unpaid taxes in said county of Westchester, and thea>]lec- rer wfd**' tion of the same by sale or otherwise, are hereby granted and conferred or? o7^' ^'^^ imposed upon the county treasurer and the supervisors of Richmond Kichmond couuty, in relation to unpaid taxes in' said county of Richmond, and reS.tSn'^ the Collection of the same by sale or otherwise ; provided, however, to> that the sales for unpaid taxes in said county of Richmond shall be Sales, held and conducted at the court-house at Richmond, in said county, and be held, all notices required by the acts aforesaid to be published in Westchester Notices, county, shall be given and publiriied in Richmond county, in respect to sales for unpaid taxes in said Richmond county. ^ 3. The powers and duties granted, conferred and imposed by this act, shall relate and apply, and be applicable to all unpaid taxes in the county of Richmond. § 4. This act shall take effect immediately. Chap. 436. AN ACT to regulate the practice of medicine and surgery in the State of New York. « Passed May 11, 1874. The People of tJie State of New Tork^ represented in Senate and Assembly J do ervad, asfoUows : Praoti- Section 1. Every practitioner of medidne or surgery in this State, mecitcine excepting licentiates or graduates of some medical society or chartered or snrgery gchool, shall be required, and they are hereby commanded, to obtain a certifl? ^ certificate from the censors of some one of the several medical societies ^^' of this State, either from the county, district, or State society ; which mat cer- certificate shall eet forth that said censors have found the person to sifaii Mt whom it was issued qualified to practice all of the branches of the forth. medical art mentioned in it. And such certificate must be recorded in To be re- a book provided and kept for the purpose by the county clerk of each corded, county in the State. Ceosora to ^2. The censors of each medical society aforesaid shall notify all practt. practitioners of medicine and surgery of the terms and requirements of tionors, this act, and shall request such persons, so notified, to comply with those requirements within thirty days after such notification ; and if such Conse. persons shall not, within the time specified in the notice, or within such non"com?' further time as may be allowed by special arrangment with said censors, pliance. not exceeding ninety days, comply with the requirements herein made of physicians or surgeons, as the case may be, such persons shall there- Chap. 488.] NINETY-SEVENTH SESSION. 557 after be sabjeet to all the prorisions and penalties pieflcribed by this act for any violation of the same, and the president of the society mak- ing such request shall and he is hereby required to at onoe oommenoe the pvoceedingB authorized by this act against such person. ^ 8. h is hereby declared a misdemeanor for any person to practice a misde- medicine or surgery in this State, unless authorized so to do by a license prt^uce^ or diploma from some chartered school. State board of medical exam- withont iners, or medical society, or who shall practice under cover of a medical df^omaf diploma illegally obtained ; and any person found guilty of such a misdemeanor shall for the first offense be fined not less than fifty nor Penalties. more than two hundred dollars. For any subsequent ofiense not less than one hundred ncft more than five hundred dollars, or by imprison- ment not less than thirty days, or by both imprisonment and fine ; and all such fines shall go mto the county treasury of the county bringing Bach action. Chap. 437. AN ACT in relation to publication of notices and publi- cations. Passed May 11, 1874 ; three-fifths being present. The People of the j&tate of New Torky repreaefited in Senate and AsaenMy^ do enact as follows : Section 1. All notices and citations issued by surrogates, except Pabiica- in the counties of New York and Rings, and now required by law to be t^®"o^^8". published in the State paper, shall hereafter be published in a news- enedby ' paper printed in the county in whic^ the siurogate issuing such notices JJ^; or citations shall reside, instead of the State paper, in case there is a newsx>aper printed therein, and if not, then in the State paper ; and such publication shall be for the same time and with the same efiiect as if published in the State paper ; provided, that in all cases where any when to of the parties interested reside out of the county, such notice or citation, {Jphedin if tbe property of the deceased exceed two thousand dollars in value, the state shall also be published in the State paper ; but that, if the property of p*>^®'- the deceased shall not exceed two thousand dollars in value, the publi. cation in the State paper shall be at the discretion of the surrogate, and free of expense ana without charge for such publication. ^ 2. All acts and parts of act inconsistent with this act are hereby Tialed. 8. This act shall take effect immediately. Chap. 4:38. AN ACT to authorize the Utica, Chenango and Cortland Railroad Company to extend their road, and for other purposes. Passed May 11, 1814. The People of the State of New Tork, represented iii Senate and Assembly^ do enact asfoUoios : Sbotion 1. The Utica, Chenan^ and Cortland Railroad (Company are Exten- hereby authorized to extend and construct their railroad from a point ^{^^ 558 LAWS OF NEW YOEE: [Chap. 489. antbor- near the mouth of Gre Biook, in the tovm of GincinnatnB, in the county laed. Qf Cortland, to NineTah and Deposit, in the county of Broome, connect- ing with the Albany and Susquehanna Railrcxod and with the Erie Bail. ProviBo. way ; provided, that the subscriptions already made to the stock of the said Utica, Chenango and Cortland Railroad, and all town or municipal bonds issued for said road shall be applied to the construction of the original portions of said road and not the extension hereby authorized ; centmi and, provided further, for the purpose of this extension, said Utica, Valley^ Chenaugo and Cortland Railroad is hereby authorized to purchase the pnrohase Central Valley Railroad in the towns of Smithville and Greene, in the Sfed."***^'' county of Chenango, and tipon such pin^ase all the franchises, rights and privileges of said Central Valley Railroad shall be and become Proviao. vested in said Utica, Chenango and Cortland Railroad ; and, provided further, that all extensions, under this act authorized, shall be subject to the provisions of chapter one hundred and forty of the laws of eighteen hundred and fifty, and acts amendatory thereol § 2. This act shall take effect immediately. Ohap. 439. AN ACT to authorize the sentencing of certain convicts and criminals convicted in Greene county to hard labor and their employment at such labor. Passed May 11, 1814; three-fifkhs being present. The People of the Stctte of New Torky represented in Senate and Asseinhly, do enact as follows : Sentence SECTION 1. Any person or persons who shall be convicted of drtinken- oncM™* ness or for a misdemeanor, or as a disorderly person, or for any ciime grade; less than a felony, and who Gdbiall or may be sentenced to tilie jail of felony. €^reeiie county for confinement or punishment, may also, as a part of such sentence and punishment, be sentenced by the court or officer before whom such conviction shall be had, to ham XaAxft during their Dnty of term of imprisonment. And the sheriff or jailor of «aid county miall, so Bheiiir. fi^p as may be, keep the persons so sentenced to hard labor, at work within the corporate boundaries of the village of Catskill, upon the streets or roads of said village, or in preparing stone or other materials for said streets or roads ; said persons while so employed or laboring shall be properly secured to prevent their escaping ; and, provided, Village to howevcr, that for such labor the said village shall pay such reasonable nay for la- (^ijQ^pensation as shall be agreed upon between said village and said sheriff, and the moneys received by said sheriff for such labor shall be pfdd over to the treasurer of the county of Greene for the use of such county. ^ % This act shall take effect immediately. Chap. 441.] NINETY-SEVENTH SESSION. 559 Chap. 4:4rO. AN ACT to declare the pviblication and dissemination of false news a crime, and to provide for its punishment. Pftssed May 11, 1814 ; three-fifths being present. The People of the State of New Torlc^ represented in Senate and Assejnbly^ do ejuwt as follows : Sbctioit L Every person who shall knowingly circulate £Eilse intelli. a misde- gence with the intent of depreciating or advancing the market price of ^roaiate^ the pnUic funds of the United States, or of any 8tate or territorry A»Jse in. thereof, or of any foreign country or government, or the stocks, bonds wititu^^ car evidence of debt of any corporation, or association, or the market ^"tin^^' price of any merchandise or commodity whatever, shall be deemed guilty price of of a misdemeanor, and shall be punished, upon conviction thereof, by a ^^^ ^^' fine of not exceeding five thousand dollars, and imprisonment for a PnnUh. period not exceeding three years, or either. ™®**- Js 2. Every person who shall forge the name of any person or of the Forgeiy omoer of any corporation to any letter, message or paper whatever, with fot??™^ ^ intent to advance or depreciate the market price of the public funds of ^^^t the United States, or of any State or territory thereof, or of any foreign intenTto country or government, or the market price of bonds or stock or other ^^^^^^ evidence of debt issued by any corporation or association, or the market pabfic price of gold or silver coin or bullion, or of any merchandise or com- "*''*^» *^- modity whatever, shall, upon conviction, be adjudged guilty of forgery* in the third degree, and shall be punished by imprisonment in a State Pnnfsh- priflon for a term not exceeding five years. ™®"*- Chap. 4:41. AN ACT to incorporate the Rome Street Railroad Com- pany in the city of Rome. Passed May 11, 1874. TTie People of the State of Neto York, represented in Senate and AssenMy^ do enact as follotos : Sbction 1. Edward H. Shelley, Calvert Comstock, Zacheus Hill, corpora. Edward Huntington, Stephen Van I^sar, Samuel B. Stevens, Greorge ^'^' BL Lynch, Bloomtield J. Beach, Willie J. P. Kingsley and Grordon N. Bis* sell, and those who may be now or hereafter associated with them and their assigns, are hereby constituted a body corporate by the name of corpor- " The Rome Street Railroad Company," and are hereby authorized and *** '**™®- empowered to lay, construct, operate, maintain and use a railroad with May baUd a double or single track at their option, or as the public convenience '^•"^ad. may require ; and convey passengers or freight for a compensation, through, upon and along the following streets and public roads and between the pointe mentioned herein in the city of Rome, viz. : Com- Rente and mencing at the corner of James and John streets, and running thence ^^i""^^^^* northerly along James street to Dominick street; thence westerly along Dominick street to Gteorge street ; thence northerly along Qeorge street, as now open, and the continuation thereof to the city reservoir, with the right to extend their tracks both easterly and westerly in 560 LAWS OF NEW YORK, [Chap. 441. Bigbt to Dominlck street, to wit : easterly to the Catholic cemetery and westerly extend. ^ Brown's tavem, so called, and also northerly from Dominick street to Riverside x>ark by way of James street, Stanwix street and Floyd ave- nue, and to run in and upon Washington street or such other street as they may iind from time to time best to make convenient access to the depot of the New York Central and Hudson River Railroad Company ; and also to mn a track over such street intersecting George street, and the streets and highways connecting therewith, as they may find most advantageous for giving access to the Rome cemetery, and to extend Consent of their tracks upon such other streets as occasion may require, the consent conucu!^ o^ the common council thereto having first been obtained ; and the said Bridge railtoad company shall have the right to construct, operate and main- naT ^*" ^^^ ^^'^ milroad upon and over any bridge that now is or may here- after be constructed over the Erie or the Black river canal, or over tbe Mohawk river or any other bridge or bridges necessary to be ciossed upon any of the routes or between any of the limits above speciflied, together with all the necessaiy connections, turn-outs, tum.tables and switches for the mopQr and necessary working and accommodation of Plan of the tracks of said route or routes. Said railroad shall be constructed ^nBtrnc- ^j^ |.|^q usual plan for the construction of city railroads, and the rail idnd of shall be of the kind in common use on street railroads, and the same ' ' shall be laid flush "with the surface of the street, and the cars shall run thereon as often as the convenience of the public shall require ; and the Fare. Said company and their assigns shall be authorized to charge, collect and receive from each passenger for riding any distance upon said road, not Mavor to exceed five cents for each mile or fractional "paxt thereof; and the ^'oQ^QQ. mayor and common coumdl of said city are hereby authorized and ciitowant directed to grant permission to the company herein named or their ^'d. ' assigns, to construct, maintain, operate and use said railroad in, upon, through and alon^ the several streets or between the points herein Right of mentioned. Should any real estate or interest therein be required for torea/e»-° the purposes of constructing said railroad on said route or routes as tate.how above specified and authorized, for which the above named persons or aoqu red. ^jj^jp assigns shall be unable to agree with the owner or owners thereof, for the use and purchase of the same, they may acquire the right to use or title to the same, in the manner 8x>ecified in the fourteenth, fifteenth, sixteenth, nineteenth, twentieth and twenty-first sections of the act entitled '^ An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty. Petition, and the acts amendatory thereof or in addition thereto, except that in fn respect ^^^7 ^^ ^^® proceedings for any of the purposes authorized by this sec- to- tion, it shall not be necessary that the i)etition to the supreme court shall make any allegations of or reference to any incorporation, capital stock, surveys or maps, or of the filing of any certificat.e of location ; Use of but in all cases the use of said streets and other necessary lands for the pnbUo ^ purposes of said railroad as herein authorized, shall be considered a nM. public use, consistent with the uses for which the proper officers of said otherraii* dty hold said streets and highways. No person or x)erson8, or corpora- ^^0^^ tion organized under the act entitled '* An act to authorize the formation rontonro- of railroad corporations and to regulate the same,*' jMissed April twenty- Ac ' six, eighteen hundred and fifty, or acts amendatory'thereof, or in ad» •^y formation of corporations for manufacturing, mining, mechanical or compan/ chemical purposes,*' passed February seventeen, eighteen hundred and {"J*"^*- forty-eight, and the several acts amendatory thereof and additional ^°' thereto, is hereby authorized and emxx)wered to enter into contract with any railroad company or corporation, whose road is or shall hereafter be operated in the city of Brooklyn, by animal or dummy engine power or otherwise, to run its cars or lease the right to run the same, upon and over the road of such corporation, for the transportation of passen- g^TB, upon such terms as may be mutually agreed upon. ^2. It shall be lawful for the said company, its successors, lessees or Adriitions wagns, to charge, collect and receive for the use of said cars in all cases, ^ ^^'' for each passenger, a simi not exceeding five cents, for each and every time any passenger shall ride therein, m addition to the legal fare for transportation allowed upon any road upon which said drawing-room cars may be operated ; but the aggregate rate of &re shall not exceed ten cents for each passenger. \ 3. Any railroad company permitting the use of said drawing-room Ordinary rt will be chargeable to the county until .he is so remoyed, and such expense shall be chargeable to the county accordingly. But in Patient eyeiy ease where a patient, admitted into an asylum as hereinbefore ji^tnrned provided, shall have remained there two years and has not recovered, to oonnty. the managers of the asylum may, in their discretion, cause such person to be returned to the county whence he came, and charge the expense of such removal to the county. The judge granting said order of indi- Jiidg« to genoe shall file all papers belonging to such proceedings, together with ^rH Ac., his decision, with the derk of the county and report the facts to the nod to re- supervisors, whose dut^ it shall be, at their next annual meeting, to ^^^ raise the money requisite to meet the expenses of support of such indi. gent lunatic. i 15. When an insane person in indigent drcumstances, not a pauper, When m- shall have been sent to any State asylum by his friends, who have -paid }o raise™ his bills therein for six months, if the superintendent shall certify that ^^^^y ^ he is a fit patient and likely to be benefited by remaining in the insti- pensce t% tution, the supervisors of the county of his residence are authorized and a^yiam- required, upon an application under oath in his behalf, to raise a sum of money sufficient to defray the expenses of his remaining there another year, and to pay the same to the treasurer of the asylum. And they Bepeti- shall repeat the same for one year more ux)on like application and the ^^J^ ^^^^ production of a new certificate of like import from the superintendent of such asylum. 1 16. The expense of sending any lunatic to a State asylum, and of Expenses supporting him there, shall be defrayed by the county or town to which flayed ty he may be diargeable. If chargeable to a county, or to any town whose connty or poor mon^B are required to be 'paid into the county treasury, such ^^'^^' expense shall be paid by the connty treasurer out of the funds appro- when to priated to the support of the poor belonging to such county or town, con^t? ^^ after being allowed and certified by the county superintendents. If treasarer. soch luna&c be ehai^eable to a town whose poor moneys are not when by required to be paid into the county treasury, such expense shall be paid of poorT by the overseers of the poor thereof. ^ 17. The overseers of the poor of any dty or town shall have the Rcmedioa same remedies to compel the committee or guardian of the estate of any commit^ lunatic to coaoftne and maintain such lunatic, and to collect of such com* tee or mittee.the cost and charges of his confinement and 8upxx)rt, as are to main" given in the preceding sections against the relatives of such lunatic t<^^"> ^^' And the court of general sessions of the peace of the dty or county shall court of sessions to or- make orders against such committee personally, and enforce them in ^2!e the same manner as against the relatives of any poor person, so long as ders. sudi committee has any property in his hands, for the Bupx)ort of such lunatic. ^ 18. None of the foregoing provisions shall be deemed to restrain or Powers of abridge the power and authority of the Supreme Court, the superior abriog^dl ooort and the court of common pleas of the city and connty of New York, or the county courts, concerning the safe-keeping of any lunatics, or the ohai^ of their persons or estates. h 19. The county superintendents of the x)oor shall have all the powers Poirers of and authority herein given to overseers of the poor of any town. ^^^ *^* UuidentB. ARTICLE SECOND. Commitment of the insane by criminal process. ^ 20. If any person in confinement under indictment for the crime of Penon in- inon, murder or attempt at murder, or highway robbery, shall appear aroo^, 668 LAWS OF NEW YORK. [Chap. 446. murder, to be insane, the ooort of oyer and tenniner in which sijoh indictment ^pear- ^^ pending shall have power, with the concunence of the presiding ing to be judge of such court, summarily to inquire into the eanity of such person oolfrt^' ftiid the degree of mentel capacity possessed by him, and for that pur- "^r ^"'to V^^ ™^^ appoint a commission to examine such person and inquire Su mental into the facto of his case and report thereon to the court, and if the said condition. QQHYt shall find such person insane, or not of sufficient mental capacity ifinsane, to Undertake his defense, they may by order remand such person to mand liim ^^^^ State lunatic asylum as in their judgment shall be meet, there to toinnatic remain until restored to his right mind, when he shall be remanded to ^^ ""^ prison and criminal proceedings be resumed, or otherwise discharged according to law. Powens of ^ 21. The Gfovemor shall possess the same powers conferred upon governor. ^^^ ^f ^j^ i^jid terminer, in case of x>erson8 confined under convic- tion for offenses for which the punishment is deaths When a ^ 22. When a x)er8on accused of the crime of aison or murder, or oosed^o?^' attempt at murder, shall have escaped indictment, or shall have been marder or acquitted upon trial upon the ground of insanity, the court, being oerti. capes fn"- fied by the jury or otherwise of the fact, shall carefully inquire and ooanto^' A8<^i^iu whether the insanity in any degree continues, and if it does, ascertain shall Older such person into safe custody, and to be sent to one of the 8tato i^sani^^'^ lunatic asylums, or to the State Lunatic Asylum for Insane Criminal) at oontinaes, Auburu, at the discretion of the court. If any person in confinement under to send^ac- indictment for the crime of arson or murder, or attempt at murder, shall aayfnni^ ^PP^' to be insane, the wunty judge of the county where he is con- Ooanty fined Shall institute a careful investigation, call two or more respectable ^°he^ to P^7^<^i^ &^^ other credible witnesses, invite the district attorney to inautate aid in the examination, and, if it be deemed necessary, call a jury, and ttonf ^^ for that purpose is fully empowered to compel the attendance of wit- nesses and jurors ; and if it is satisfactcnily proved that such person is When he insane, said judge may discharge such person from imprisonment, and pcroon^^^ order his safe awtody and removal to one of the State lunatic asylums, sent to or to the State Lunatic Asylum for Insane Criminals, at the direction as> nm. ^^ ^^^^ judge, where such person shall remain until restored to his ri^ht snperin- mind, and then, if the said judge shall have so directed, the supenn- notify"^ ^ tendent of said asylum shall inform the said judge and the district cite^cf a^ ^^^'^^7 ^^ ^^® county thereof, so that the person so confined may, torney of within sixty days thereafter, be remanded to prison, and criminal pro. recoyery. Qeedings be resumed, or otherwise dischargea If any such person be coonty to sent to either of said asylums, the county from which he is sent shall p|^8.^^' defray all expenses of such person while at the asylum, and the expense May ro^ of returning him to such county ; but the county may recover the amount so paid from his own estate, if he have any, or nom any rela- tive, town, city or county that would have been bound by existing laws, to provide for and maintain him elsewhere. Bemovai ^ 23. Any person now or hereafter confined in either of the State for^sane ^unatic asylums upon the charge of ai»on or murder, or attempt at oriminaiB. murder or highway robbery, under the provisions of this act or any former act, may, upon the application of any superintendent of an asy- lum, be brought before a justice of the Supreme Court, who may order his removal to the State Lnnatic Asylum for Insane Criminals at Expenses Aubum. The provision of the preceding section, requiring the county ^^ ' to defray the expenses of a person sent to either asylum, shall be equally applicable to similar expenses arising under this section. Transfer ^ 24 Any person who is now, or shall be hereafter, confined in any touUuTto penitentiary, and who shall apjiear to be insane, may, on application of cover the same. Chap. 446.] NINETY-SEVENTH SESSION. 569 the saperintendent thereof, be tmnsferred to the State Lunatic Aeyhim asyiTimfor for Insane Criminals at Auburn, under an order of any justice of the crf^Sais. Supreme Court, or the county judge of the county in which such peni- tentiary is located , upon satisfactory evidence that such person is insane ; and the judge shall thereupon order his removal forthwith to said asy- lum, where he shall remain until recovered or otherwise discharged according to law. ^ 25. The penitentiary from which such convict shall have been Expenses transferred shall be liable for the expenses of his care and maintenance and*nuaii during the time he shall remain in said asylum, provided that he is teuance. removed thereftom before the expiration of his sentence. If he shall continue insane after the expiration of the time for which he was sentenced, then the county from which he was sent to said penitentiary Bkall pay his expenses, as hereinbefore provided in section twenty- two of this act. § 26. If any person in confinement under indictment or under sen- Person in tenoe of imprisonment, or under a criminal charge, or for want of bail me^*' an« for good behavior, or for keeping the peace, or for apx>earing as a vritness, ^r other or in consequence of any summary conviction, or by order of any justice, prScewI or under any other than civil process, shall appear to be insane, the fP**f 5**^^ county judge of the county where he is confined shall institute a careful inSune, investigation, call two respectable physicians atid other credible wit- fndSs to nesses, invite the district attorney to aid in the examination (and if iDsatnte he deem it necessary, call a jury, and for that purpose is fully em^ww- t?on*'^*^*" ered to compel the attendance of witnesses and jurors), and if it be when fiatisfectorily proved that he is insane, said judge may discharge him §2§iarg« from imprisonment and order his safe custody and removal to a State or order asylum, where he shall remain until restored to his right mind ; and JS^/ium. then the superintendent shall inform the said judge and district attor- Person to ney, so that the person so confined may, within sixty days thereafter, ^funded be remanded to prison and criminal proceedings be resumed or other- or dis- wise discharged, or if the period of his imprisonment shall have expired *^^*''«®^" he shall be discharged. When such person is sent to an asylum, the connty to county from which he is sent shall defray all his expenses while there pjjges. and of sending him back if returned, but the county may recover the May re- amount so paid from his own estate, if he have any, or from any rela- JSJ^t tivB, town, city or county that would have been bound to provide for and paid, maintain him elsewhere. ♦ 27. If a person imprisoned on attachment, or any civil process, or Proceed- for the non-payment of a militia fine, becomes insane, one of the judges cM«*of in- mentioned in the last preceding section of this act shall institute like »ane per- proceedings in his case as are required in the case provided for in said ^fsoned section ; but notice shall be given by mail or otherwise, to the plaintiff JJoo-mI or his attorney, if in the State ; and if it shall be proved to the satis- faction of said judge that the prisoner is insane, he may discharge him from imprisonment and order him into safe cust,ody and to be eeot to a State asylum. The provisions of the last preceding section. Expenses, requiring the county to def^y the expenses of a x>atient sent to a State asylum, shall be equally applicable to similar expenses arising under this section. ^ 28. Persons charged with misdemeanor and acquitted on the ground Persons of insanity may be kept in custody and sent to a State asylum, in the JS^Swma same way as persons charged with crime, and their expenses shall be of insani- paid in the like manner. *^' 31 670 LAWS OF NEW YORK. [Chap. 446, compeii- ^ 29. The boards of BupervisorB in the re»pectiye oounties of this officera to State are hereby empowered^ and it shall be their duty, annually beflxod to fix and determine the compensation to be allowed and paid to ofduper- officers for the conveyance of juvenile delinquents to the houses of Tisorn. refuge, and of lunatics to the insane asylums, and no other or greater amount than so fixed and determined shall be allowed and paid for such service. DefiDiisoof ^ 30. Whenever.any person in confinement under indictment for the i^on ir crime of arson, murder or attempt at murder, or highway robbery, desires "icad^* to oflfer the plea of insanity as a general traverse and his whole defense ^ to such indictment, he shall present such plea at the time of his arraign- ment, and at no other stage of the trial but this, shall such ple^ or Commie- defense be received or entertained by the court ; and the court before amine^aud whom such trial is pending shall have x>ower, with the concurrence of the report, presiding judge thereof, to appoint a commission to examine such per- son and to inquire and report to the court aforesaid, upon the fact of his mental sanity at the date of the ofiiense with which he stands charged. The commission aforesaid shall institute a careful investigation, call such witnesses as may be necessary and for that purpose is f uTly empow- ered to compel the attendance of witnesses. If foniid Upon the report of said commission, if the court before whom such aoc^e'd indictment is pending shall find that such person was insane and irre. to bo ro- sponsible at the date of the offense with which he stands charged, the a^statcUi- court aforesaid shall order his removal to some State lunatic asylum, hunf "^ there to remain for observation and treatment, until such time as, in the opinion of a justice of the Supreme Court it is safe, legal and right to discharge him. Special ^ 31. Whenever any person accused of the crime of arson, murder, or caae of ac- attempt at murder, or highway robbery, shall have been acquitted upon qaittai up- trial, upon the ground of insanity, the jury shall brinff in a special ver- nf inaan^ diet to that efiect and so state it in their finding : and the court before Hy. whom such trial is had, shall order such person to be committed to some to^be com. State lunatic asylum, there to remain for observation and cai*e until mitted to such time as, in the judgment of a judge of the Supreme Court, founded MjUm,^ upon satisfactory evidence, it is safe, legal and right to discharge him. Expenses ^ 32. Whenever any insane person in confinement under inaiclment by county ^^^^ he Committed, as hereinbefore recited, to any State lunatic asylum, when In- the county from -which he is sent shall defray all the expenses pf such sou ander person, while at such asylum, and the expense of returning him to such menuhaii ^^^^ty ; but the county may recover the amount so paid from his own be com- estate, or from any relative, town, city or county that would have been SyiSm!^ bound by existing laws, to provide for and maintain him elsewhere. Notice of § 33. Whenever any insane person in confinement under indictment recovery, f^^j, an^Q^ murder, or attempt at murder, or highway robbery, or who has been acquitted thereof on the ground of insanity, and has been committed to some State lunatic asylum, pursuant to the provisions of the preceding sections, shall be restored to his right mind, it shall be the duty of the superintendent of such asylum to send a written notice of the same to a justice of the Supreme Court of the district in which such oi:(|cct asylum is situated, in order that proceedings may be instituted to thereof, determine whether it is safe, legal and right that such party in confine- ment as aforesaid, should be discharged. Ko insane ^ 34. No insane person confined in any county poor-house or county Ee dis^ ^ asylum shall be discharged therefrom by any keeper of such establislu eharKod meut, by any superintendent of the ixx)r, or by any other county honseor^' Authority, without an order from a county judge or judge of the Chap. 446.] NINETY-SEVENTH SESSION. 571 Supreme Court, founded upon 8ati»factory evidence that it is safe, legal coimtf and right to make such discharge, as regards the individual and the withont public^ The violation of this provision shall be deemed a misdemeanor, onicr and be punishable by a fine not exceeding five hundred dollars nor less jad^^ than one hundred dollars, in the discretion of the court. This section Not nppU- shall not apply to the counties of New York and Kings ; but no insane ^oi^^York person shall be discharged from either of the lunatic asylums of the and Kings said counties, without the certificate, in writing, of the physician thereof, *^**"^ **' which certificate shall be filed and kept in said asylum, starting * that such discharge is safe and proper. 4 85. The boards of managers of State lunatic asylums are hereby Poiice- anthorized to appoint two or more of the attendants and employees of [J^e^Jp™"^ said asylum as policeman, whose duty it shall be, under the orders of pointed. the superintendent, to arrest and return to the asylum insane X)e3n^ns who may escape therefrom. § 36. The resident ofiicers of all State lunatic asylums, and all officers, attendants and assistants actually employed therein shall, during the enipt%'om time of such employment, be exempt from serving on juries, and in time jnr> aer- of peace, from service in the militia, and the certificate of the superin- * ®®' *^' tendeut shall be evidence of the fia.ct of such employment. ARTICLE THIRD. Maintenance of the Insane. § 37. Whenever any person who is possessed of sufficient property to Dnty of maintain himself, becomes by lunacy or otherwise, so far disoraered in t^g"}""^* hi« senses as to endanger his own person or the person or property of mniutain, others, it shall be the duty of the conmiittee of his person and estate to ^' provide a suitable place for his confinement, and to confine and main- tain him in such manner as shall be approved by the proper legal authority ; and in every case of lunacy hereafter occurring, the lunatic Lnnntir to shall be sent within ten days to some State lunatic asylum, or to such a^siateor public or private asylum as may be approved by a standing order or private resolution of the supervisors of the county. The superintendents and ^^^J"™^. overseers of the poor are severally enjoined to see that this provision tendents be carried into effect in the most. humane and speedy manner, as well Jeers oi*^" in case the lunatic or his relatives are of sufficient ability to defray the the poor, eii>ense8, as in case of a pauper. tieV.^ $ 38. When the i)ersonal property and the rents, profits and income saie of of the real estate of any idiot, lunatic or person of unsound mind shall 5f*inn*a5^ be insufficient for his maintenance, or that of his family, or for the Ac. education of his children, it shall be the duty of the committee of his estate to apply, by petition, to the Supreme Court, or to the court hav- ing jurisdiction, for authority to mortgage or sell the whole, or so much of the real estate as shall be necessary for that purpose ; upon which the same reference and proceedings shall be had, and a like order shall - be entered, as directed in section nine of title second of this act, and the court shall direct the manner in which the proceeds of such sale shall be secured, and the income or produce thereof appropriated. TITLE SECOND. CARB OF THB ESTATES OF INSANE PERSONS. Sbction 1. The supreme court shall have the care and custody of all snprcme ens- idiots, lunatics, persons of unsound mind and persons who shall beSav?^^ * So in original. 57S LAWS OF NEW YORK. [Chap. 446. ■ tody Of idi. incapable of oondnoting their own affairs inconsequence of habitual tfcs/ftc^' drunkenness, and of their real and personal estates, so that the same aud of ' shall not be wasted or destroyed, and shall provide for their safe-keep- tatos.^ ing And maintenance, and for the maintenance of their families and the education of their children out of their personal estates and the rents Jm-isdio- and proiits of their real estates respectively. Aud the county court coanty ^^^^^ hsLve a similar jurisdiction in the care and custody of the i)erson court. and estate of a lunatic or person of unsound mind or an habitual drunk- ard resident within the county. Commis- ^ 2. lu every commission of hinacy appointed to inquire into the n»Dy%iae ™®°^^ Sanity of any party, the inquiry or issue shall be ooniined to the therein question, whether or not the pei'son who is the subject of the inquiry is at the time of such inquiry of unsound mind and incompetent to man- EvidoQco. age himself or his affairs ; and no evidence as to any thiu^ said or done by such person, or as to his demeanor or state of mind at any time being more than two years before the time of such commission or inquiry shall be receivable in proof of insanity on any such inquiry, unless the court shall otherwise direct. Commit- ^ 3. Every committee or guardian of the estate of any idiot, lunatic, tato'to flie ^^ other person of unsound mind, as hereinbefore specified, shall, an invexi- within six mouths after their appointment, file in the office of the clerk ^^^' of the court which appointed such committee or guardian a just and true inventory of the whole real and personal estate of such idiot, lunatic or Contents Other persou, stating the income and profits thereof, and the debts, thereof, credits and effects, so far as the same shall have come to the knowledge Serai-an- of such committee or guardian. He' shall also file in the office of the coait*%c. ^1®^^ of the court aforesaid a semi-annual account, thereafter, under * oath and of the disposition made of the income of such estate ; and whenever any property belonging to such estate shall be discovered after the filing of any inventory, it shall be the duty of such committee or guardian to file as aforesaid a just and true account of the same, from time to time, as the same shall be discovered. Verifloa- § 4 Such inventories shall be verified by the oath of the committee vontory.^ or guardian, to be taken before a judge of any court of record. And Filing the filing of such inventories may be compelled by the order and pro* h5m°com- ^®® usual in such cases of the court which appointed the committee or polled, guardian. Commit. ^ 5. Beceivors and committees of lunatics and habitual drunkards may sncYn appointed by any order or decree of any court of competent jurisdic- their own tiou may sue in their own names for any debt, claim or demand traos- names. ferred to them, or to the i)OSsesBion or control of which they are entitled Sale of de- as such receiver or committee ; and when ordered or authorized to sell mand. ^^q]^ demands the purchaser thereof may sue and recover therefor in Security his owu name, but shall give such security for costs to the defendant as for coats. jjJjq oourt in which such suit is brought may direct Sale of ^ 6. Any idiot, lunatic or person of unsound mind, seized of any real tote ^ estate, or entitled to any term for years in lands, may, by committee duly appointed, apply to the Supreme Court for the sale or disposition of the same in the manner hereinafter directed. Addition. ^ 7. On such application said committee shall give a bond to each be g^von!^ idiot, lunatic or person of unsound mind, in addition to the bond given on appointment as such committee, to be filed with the clerk of said court, in such penalty, with such sureties and in such foim as the oourt shall direct, conditioned for the fiEkithful performance of the trost reposed, for the paying over, investiujgf and accounting for all moneys that shall be received by such committee., according to the order of Chap. 446.] NINETY-SEVENTH SESSION. 573 any court having authority to give directionB in the premises, and for the ofaservanoe of the orders and directions of the ooort in relation to the trust ^ 8. Upon the filing of such bond the court may proceed in a sum- Mode of mary manner hv reference to a referee, to inquire into the merits of such fn*^^®*^" application, and if such bond be forfeited, the court shall direct it to Prosecn- be prosecuted for the benefit of the "paHj injured. Sond**^ ^ 9. Whenever it shall ^pear satis&ctorily that a disposition of any Oronnds part of the real estate of such idiot, lunatic or person of unsound mind, JJ^^JS^Jj? or of any interest in any term for years, is necessary and prox)er either real es- for the support and maintenance of such idiot, lunatic or person of ^'^* nnaonnd mind, or for his or her education, or that the interest of such idiot, lunatic or person of unsound mind requires, or will be substan. Idally promoted by such disposition, on account of any part of sudi property being exposed to waste and dilapidation, or on account of its betng wholly unproductive, or when the same has been contracted to be sold and a conveyance thereof cannot be made by reason of such lunacy or unsoundness of mind, or for any other peculiar reason or circamstanees, tlie court may order the letting for a term of years or the sale or other disposition of such real estate or interest to be made by such committee or guardian in such manner and with such restrictions as shall be deem^ expedient, or may order the fulfillment of said contract by conveyance by such conmiittee or guardian according to the terms of the contract. ^ 10. But no real estate, or term for years, or any interest in real xo sale estate hereinbefore named, shall be sold, leased or disposed of in any ^le^con- manner against the provisions of any last will, or of any conveyance t^ary to . bv which such estate or term or interest ¥ras devised or granted to such sione^orl' idiot, lunatic or i)er8on of unsound mind. ^*"» *®- ^11. Upon an agreement for the sale, leasing or other disposition of Beport. BQch property beiug made, or uxx)n any conveyance in fulfillment of a contract being executed in pursuance of such order, the same shall be reported to the court on the oath of the committee making or executing the same, and except in the case of a conveyance to fill a contract, if the Conflrma. rexx>rt be oonfinned a conveyance shall be executed under the directions ^^''' of the court. ^12 All sales, leases, dispositions and conveyances made in good vaudi^of ilEdth by such committee in pursuance of such orders shall be as valid ^^^* *®- and effectual as if made by such lunatic when of sound mind. ^13. The court shall make order for the application and disposition Dteposi- of the proceeds of such property, and for the investment of the surplus proceeda belonging to such idiot, lunatic or person of unsound mind, and shall JJ^t^^Vnt asoertein the value of any dower or right of dower, or inchoate right of of snrphia. dower, and shall direct a return of such investment and disposition to Retam to be made on oath as soon as may be and shall require accounts to be on?ath^ rendered periodically by any committee or other person who may be jwcouni, intrusted with the disposition of the income of such proceeds. ^ 14. No sale made, as aforesaid, of the real estate or interest therein Proceeds of any idiot, lunatic or person of unsound mind, shall give to such per. berieemed Bon» aforesaid any other or greater interest or estate in the proceeds of real es- such sale than such idiot, lunatic or person of unsound mind had in the ^^* estate so sold ; but the said proceeds shall be deemed real estate of the same nature as the property sold, or the interest therein of the said idiot, lunatic or person of unsound mind, and the court shall make order far the preservation of the same. 574= LAWS OF NEW YORK. [Chap. 446. Dower or ^15. If the Teal estate of any idiot, lunatic or person of nnsound estate ^^^°» ^^^^9 <>' ^^7 P^ ^^ ^*» ®^*^^ ^ Subject to dower or other life estate, how it and the person entitled thereto, shall consent in writing to accept a gross teeatod. 8"™ ^^ ^^^^ of such dower or other life estate or the permanent invest- ment of a reasonable sum, in such manner as that the interest thereof be made payable to the person entitled to such dower or life estate dur- ing life, the court may direct the payment of such sum in gross or the investment of such sum as shall be deemed reasonable, and shall be acceptable to the person entitled to the said dower or other life estate or right therein, actual or contingent, in manner aforesaid. Boiease. ^ 16. Before any such sum shall be paid or such investment made, the court shall foe satisfied that an effectual release of such right of dower or other life estate, actual or contingent, has been executed. When it ^ 11. Whenever the personal estate of any such idiot, lunatic or per- dutyof ®^^® of unsound mind, shall not be sufficient for the discharge of his commit- debts, it shall be the duty of the committee of his estate to apply by ply for*^' petition to the court by which they were appointed for authority to authority mortgage, lease or sell so much of the real estate of such idiot, lunatic or Kage?ieii0e person (it uusound mind, as shall be necesaary for the x)ayment of such or sell, debts. The said x^tition shall set forth the x)articulars and amount "of What pe- the estate, real and personal, of such idiot, lunatic or person of unsound act torui!" ^^^i the application which may have been made of any personal estate, and an account of the debts and demands existing against such estate. Refer. ^18. On the presenting of suck x)6tition it sHafl be referred to a ence. referee, or to the clerk of the court, to inquire into and report upon the matters therein contained ; whose duty it shall be to examine into the truth of the representations made, to hear all parties interested in such real estate, and to report thereon with all convenient speed. Renort ^ 19. If, upon the coming in of the report and an examination of the uereon*' i^atter, it shall appear to the court that the personal estate of the idiot, • lunatic or person of unsound mind, is not sufficient for the payment of his debts, and that the same has been applied to that purpose, as far as the circumstances of the case rendered proper, an order shall be entered directing the mortgage, leasing or sale of the whole or such part of the said real estate as may be necessary to discharge the said debts. Addition. ^ 20, The couit may require any additional security to be given by niay*be*^ such committee as may seem necessary to secure a more faithful appli- roqnired. cation of, and accounting for the proceeds of such mortgage, lease or sale, and shall require an account thereof to be rendered from time to time. Debt, how ^ 21. In the application of any moneys raised by any such mortgage, ^^'^' lease or sale, the committee shall pay all debtiS in an equal jiroportion, without giving any preference to such as have a legal priority. Convey- ^ 22. The court shall g^ve such orders respectinff the time and manner when to ^^ ^W ^^ herein authorized, as shall be deemed proper ; and no con- be made, veyance in pursuance of any such sale shall be executed until the sale shall have been reported on the oath of the committee, and confirmed by the court directing the same. Commi^ ^ 23. Whenever any idiot, lunatic or person of unsound mind shall be a^miy*for 8©ized or posscsscd of any real estMe by way of mortgage, or as a tnis- aathority tee for Others, in any manner, his committee may apply to the Supreme trnstret^ Court for authority to convey and assure such real estate to any other tate, Ac. person or persons entitled to such conveyance or assurance, in such man- Proceed- ner as the said court shall direct, upon which a reference and the like ings there- proceedings shall be had, as in the case of an application to sell real Chap. 446.] NINETY-SEVENTH SESSION. 575 estate as aforesaid, and the court upon hearing all the parties interested, may order such conveyance or assurance to be made. § 24. On the application of any person entitled to such conveyance or commit- aasurance by action or petition, the conunittee may be comx)elled by ^^^^. the Supreme Court, on a hearing of all parties interested, to execute pcued to snch conveyance or assurance. convey^ & 25. Every conveyance, mortgage, lease and assurance made under the «;nc6. order of the Supreme Court, or of any court, pursuant to the provisions c*nve^^' of this act, shall be as valid and effectual as if the same had been aoce, sdo, executed by such idiot, lunatic or X)erson of unsound mind when of Bound memory and understanding. ^ 26. The Supreme Court shall have authority to decree and compel Specific the speciiic x)erformance of any bargain, contract or agreement which Ju^."*^' may have been made by any lunatic or person of unsound mind while such person aforesaid was of sound memory and understanding, and to direct the committee of such person to do and execute all necessary con- veyances and acts for that purpose. \ 21. The real estate of any idiot, lunatic or x)erson of unsound mind. Term or or person incapable of conducting his own affairs in consequence of ^®*^»***- habitual drunkenness, shall not be leased for more than five years, or mortgaged or aliened or disposed of otherwise than is hereinbefore dhrected. ^ 28. In case any lunatic or person of unsound mind shall be restored Rcstora- to his right mind and become capable of conducting his own aiSairs, his {^^2.^^^*" leal and persdnal estate shall be restored to him. ^ 29. In case of the death of any idiot, lunatic or person of unsound onthe mind, or person incapable of conaucting his own aiEsurs during such iJfnaSc*^ state of incapacity, the power of any committee appointed under this powers'or act shall cease and the real estate of such idot, lunatic or person of teeoeiuo. unsound mind, or person incapable of conducting his own afiairs shall Descent of descend to his heirs, and his personal estate be distributed according to dtJtrfbn! law, in the same way as if he had been of sound mind and memory, tiooofper- and capable of conducting his own a&irs. But nothing herein contained ^^} ^ shall be held to affect the provisions of any last will and testament duly made, and which shall be duly admitted to probate. TITLE THIRD. OP THE eriATE LUNATIC ASYLUM AT UTICA. Sscrnoir 1. There is established at the city of Utica, the State Luna- Managers, tic Asylum under the control of nine managers, who shall hold their Theirterm offices for three years, and until others are appointed in their stead, ^^^^^* subject to being removed at any time by the Senate, upon the recom- mendation of the Governor. Their successors shall be appointed by snccea- the Senate upon the nomination of the Governor, and shall hold their J?,pj|J57 offices for three years and until others are apx)ointed in their stead, and ea, their subject to be removed in the manner aforesaid. The government of ^S^ef the State Lunatic Asylum shall be vested in the said boardv^of man- agers, a majority of whom shall reside within live miles of said asylum. ^ 2. Said board shall have the general direction and control of all the Board of property and concerns of the institution not otherwise provided for by [Je?r*pow- law, and shall take charge of its general interests, and see that itscrsand great defidgn be carried into effect, and everything done feithfully ^^^^' 576 LAWS OF NEW YORK. [Ceap. 446. according to tbe requirementa of the Iiegifilature, and the byJawa, rales and regulations of the asylum. Appoint. ^ 3. The managers shall appoint a 6ux)erintendent, who sball be a ™poritf. ^^^^ educated physician, of experience in the treatment of the insane, eodent and a treasurer, who shall give bonds for the faithful performance of offlcen.^'^ his trust, in such sum and with such sureties as the Comptroller of the steward, State shall approve. They shall also appoint, upon the nomination of p^gician ^^^ superintendent, a steward, four assistant physicians and a matron, and ma- all of whom, and the superintendent himself, shall constantly reside in ^^^' the asylum, and shall be designated the resident officers thereof. Special ^ 4. The managers of said asylum shall have the x)ower, on the ffi'st^h^ nomination of the superintendent of said asylum, to appoint a special BAiary^ pathologist to said asylum, whose salary shall be determined ana paid in the same manner as provided by law in relation to the other officers of said asylum. ' Annual k ^* "^^^ managers shall, from time to time, determine the annual aaiaries. salaries and allowances of the treasurer and resident officers of the asy- lum, who have been or may hereafter be appointed, subject to the appro- ProTiflo. val of the Governor, Secretary of State, and the Comptroller, provided that such salaries do not exceed in the aggregate fifteen thousand dollars for one year. Salaries k ^* ^^^ salaries of the treasurer and resident officers of the asylum ^aarteri ®^^^ ^ P*^^ quarterly, on the first days of Janiiaxy, April, July and warrauf October in each year, by the Treasurer of the State, on the warrant of gr Comp. the Comptroller, out of any moneys in the treasury not otherwise apxm>- ^^' priated, to the treasurer of the asylum, on his presenting a bill of par- ticulars signed by the steward and certified by the superintendent. Managen k ^' "^^ managers may take and hold in trust for the State any grant magjafce or devise of land, or any donation or bequestof money or other personal or be^. ^ property, to be applied to the maintenance of insane persons and the qaest. general use of the State Lunatic Asylum. Official k 3- ^^® superintendent, treasurer and steward of the asyliun, before oath. entering upon their respective duties, shall severally take the oath pre- scribed in the first section of the sixths article of the Constitution of tbe State ; and such oath shall be filed with the clerk of the county of Oneida. By-laws, ^ 9. The managersaie hereby directed and empowered to establish iSgnia!^^ such by-laws as they may deem necessary and expedient for regulating tiona. the appointment and duties of officers, attendants and assistants, for fixing the conditions of admission, support and discharge of patients, and for conducting in a proper manner the business of the institution ; also to ordain and enforce a suitable system of rules and regulations for the internal government, discipline and management of the asylum. Bnperin- ^ 10. The Superintendent shall be the chief executive officer of the htspowers asylum. He shall have the geneml superintendence of the buildings, and dn- grouuds and farm, together with their furniture, fixtures and 8toc£ ; and the direction and control of all persons therein, subject to the laws and regulations established by the managers. He shall daily ascertain the condition of all the patients and presciibe their treatment in the manner directed in liie by-laws. He shall have the nomination of his co-resident officers, with power to assign them their respective duties, subject to the by-laws ; also to appoint, with the managers* approval, such and so many other officers, assistants and attendants as he may think proper and necessary for the economical and efficient x>erfoniiaooe * So in original. Chap. 446.] NINETY-SEVENTH SESSION. 577 of the bosinees of the aBvlum, and to prescribe tbeir several duties and places, and to fix, with the managers' approval their compensation, and to discharge any of them at his sole direction ; but in every case of dis- diarge he shall forthwith record the same, with the reasons, under an appropriate bead in one of the books of the asylum. He shall also have power to suspend until the next meeting of the managers, for good and Boffident cause, a resident officer ; but in such case he shall forthwith give written notice of the fact, with its causes and circumstances, to one of the managers whose duty thereupon shall be to call a special meeting of the board to provide for the exigency. He shall also, from time to time, give such orders and instructions as he may judge best calculated insore good conduct, fidelity and economy in every department of labor and expense ; and he is authorized and enjoined to maintain salutary disdpline among all who are employed by the institution, and to enforce strict compliance with such instructions, and uniform obedience to all the roles and regulations of the asylum. He shall farther cause full and fiur accounts and records of all his doings, and of the entire business and operations of the institution, to be kept regularly from day to day, in books provided for that purpose, in the manner and to the extent pieacribed in the by-laws ; and he shall see that all such ac-counts and records are fully made up to the last day of November in each year, and that the principal fac^s and results, with his report thereon, be pre- Report, sented to the managers within thirty days thereafter. The first assis- Assistant tant physician rfiall perform the duties and be subject to the responsi- p''>*»^^^*^* bilities of the superintendent in his sickness or absence. ^ 11. The resident officers of the Stat.e Lunatic Asylum, and all Exemp- attendants and assistants actually employed therein during the time of j{J5.y^^^ Boch employment, shall be exempt from serving on juries, from all vices, &c. assessments for labor on the highways, and in time of peace, from all service in the militia ; and the certificate of the superintendent shall be evidence of the fact of such employment. ^ 12. The managers shall keep in a bound book to be provided for Record of that purpose, a fair and full record of their doings, which shall be open "/ maua-^ at all times to the inspection of the Governor of the State, and of all gcrs. persons whom he or either house of the Legislature may appoint to examine the same. ^ 18. The managers shall maintain an efilective inspection of the asy- inspection Inm, for which purpose they shall make frequent visitations, a majority Son by*^ of them once every quarter, and the whole board* once a year, at the managers, times and in the manner prescribed in the by-laws. In a book kept by Note of the managers for this purpose, the visiting manager or managers shall ^^^^* *°* note the date of each visit, the condition of the house, patients, with remarks of commendation or censure, and all the managers present shall sign the same. The general results of the inspections, with suit- To be in. able hints, shall be inserted in the annual report, detailing the past Innuai^^ year's operations and actual state of the asylum, which the managers roportj shall make to the Legislature in the month of January in each year, accompanied with the annual reports of the superintendent and treasurer. ^ 14 It shall be the duty of the resident officers to admit any of the Resident managers into every part of the asylum, and to e?:hibit to him or them, Sdmi" *** on demand, all the books, pax)ers, accounts and writings belonging to managers the institution, or pertaining to its business, management, discipline or h"bit^^' government; also to furnish copies, abstracts and reports whenever ^ooks, required by the managers. ^ 578 LAWS OF NEW YORK. [Chap. U6. Treaanrer, ^15. The tTeasoier shall haye the castody of all moneys, bonds, notes, amf du^^'* mortgages and other securities and obligations belonging to tJie asy- ties. him. He shall open with one of the banks in Utica, to be selected with approbation of the Comptroller of the State, an account in his own name, as treasurer of the asylnm ; and he shall deposit all moneys, immediately upon receiving them, in said bank, and ^lall draw for the same only for the uses of the asylum and in the manner prescribed in the by-laws, upon the written order of the steward, specifying the object of the x>ayment. He shall keep full and accurate accounts of receipts and payments in the manner directed in the by-laws, and such other accounts as the managers shall prescribe. He shall balance all the accounts on his books annually, on the last day of November, and make a statement of the balances thereon, and an abstract of the receipts and payments of the past year ; which he shall within three days deliver to the auditing committee of the managfers, who shall compare the same with his books and vouchers, and verify the results by further comparison with the books of the steward, and certify the coirectness thereof within the next fiv^ days to the managers. He shall further render a quarterly statement of his receipts and payments on the first day of March, June and September in each year to the auditing com- mittee, who shall compare and verify the same as aforesaid, and report the results, duly certified, to the managers, who shall cause the same to be recorded in one of the books of the asylum. He shall further render an account of the state of his books, ana of the funds and other prop- erty in his custody, wheneverrequired to do so by the managers. Treasurer, ^ 16. The treasurer of the State lunatic asylum shall be vested with ere.'&c.l *^® ^me powers, right43 and authority which are now by law given to compel either to superintendents of the poor or to overseers of the poor in any committee county or town of the State, so ^ as may be necessary for the indem- ex ** nses ^^^ ^^^ benefit of the asylum, and for the purpose of compelling a xpenees. j.g|j^^y^ ^^ Committee to defray the expenses of a lunatic's support in the asylum, and reimburse actual disbursements for his necessary clothing and traveling exx)ense8, according to the by-laws of the insti- tution ; also for the purpose of coercing the payment of similar charges when due according to said by-laws, flrom any town, or dty, or county that is liable for the support of any lunatic in said asylum. May reco- ^11. Said treasurer is also authorized to recover for the use of the eyS Iiue*'to asylum, any and all sums which may be due upon any note or bond in in^^aS™ ^^® hands belonging* to the asylum ; also any and all sums which may tion^iu his be chaTged and due according to the by-laws of the asylum, for the nam^ support of any patient therein, or for actual disbursements made in his behalf for necessary clothing and traveling expenses, in an action to be brought in said treasurer's name, as treasurer of the State lunatic Action, asylum, and which shall not abate by his death or removal, against the Rbat'eby itidividual, town, city or county legally liable for the maintenance of doath or gaid patient, and having neglected to pay the same when demanded reinova . ^^^ ^y^^ treasiirer ; in which action the declaration may be in a general indebitatus assumpsit ; and judgment shall be rendered for such sum as shall be found due, with interest from the time of the demand made May exe- as aforesaid. Said treasurer may also, upon the receipt of the money factio^of" due upon any mortgage in his hands belonging to the asylum, execute mortgage, a release and acknowledge full satis&ction thereof, so that the same may be discharged of record. steward, ^ 18. The steward, under the direction of the superintendent, shall hiadnues. j^^ke all purchases for the asylum, and preserve the original bills and receipts thereof, and keep full and accurate accounts of the same, and C5HAP. 446.] NINETY-SEVENTH SESSION. 579 oopies of all ordeTS dra^n by himself nxx>n the treasurer ; he shall also, under like direction, make oontracts in the superintendent's name with the attendants and assistants, and keep and settle their accounts ; he shall also keep the accounts for the support of patients and expenses incurred in their behalf, and furnish the treasurer every month with copies of such as &11 due ; he shall make quarterly abstracts of all accounts to the last day of every February, May, August and Novem- ber, for the treasurer and managers ; he shall also be accountable for the careful keeping and economical use of all furniture, stores and other articles provided for the asylum. ^ 19. As soon as the asylum shall be ready for the admission of Notineof patients, the managers shall cause notice thereof to be published for {o receive two weeks in the 8tate paper and sent to the clerk of every county, patient*. who shall transmit copies thereof to the superintendents of the poor of said county by mail. A circular from the superintendent shall circaiAr accompany said notice to each county clerk and to the superintendents erlllten?" of the poor, designating different days for the counties severally to jJ^j^^J^,^^^? send to the asylum their respective quotas of patients, and giving all necessary directions respecting admission and Bupxx>rt according to the by-laws. ^ 20. The superintendent shall make, in a book kept for the purpose, Saperin- at the time of reception, a minute, with date, of the name, residence, make mi^ office and occupation of the person by whom and by whose authority nt«« *>*' each insane person is brought to the asylum, and have all the orders, rc^fjnee, warrants, requests, certificates, and othe* papers aocomi>anying him, ^^{^^^^{^ ibrthwith copied into the same. ^ 21. No patient shall be admittM into the asylum for a shorter Period of period than six months, except in special cases, as specified in the ^um!^' by-laws. § 22. Whenever there are vacancies in the asylum, the managers may Patients aathorize the superintendent to admit, under special agreements, such 5n3er^*^ recent cases as may seek admission under peculiarly afflictive circum* special stances, or which, in his opinion, promise speedy recovery. ment. ^ 23. All town and county olficers sending a x>atieut to the asylum condUion shall, before sending him, see that he is in a state of perfect bodily 21^****** deanliness, and is comfortably clothed and provided with suitable cieanH- changes of raiment, as prescribed in the by-laws. ^^*^' § ^. The managers, upon the superintendent's certificate of complete Discharge recovery, may disc^harge any patient, except one under a criminal charge Seite. or liable to be remanded to prison ; and they may discharge any x)atient admitted as " dangerous," or any patient sent to the asylum by the snperintendent or overseefs of the poor, or by the (first) judge of a county, upon the superintendent's certificate that he or she is hannless and will probably continue so, and not likely to be improved by the farther treatment in the asylum, or when the asylum is full, upon a like certificate that he or she is manifestly incurable and can probably be rendered comfortable at the poor-house ; so that the preference may be given, in the admission of patients, to recent cases, or cases of insanity of not over one year's duration. ITiey may discharge and deliver any patient, except one under criminal charge as aforesaid, to his relatives or friends, who will undertake with good and approved sureties for his Secnrftr peaceable beh:ivior, safe custody and comfortable maintenance, without tivS.** * farther public charge. And the bond of such sureties shall be approved by the county judge of the county from which said patient was sent, and filed in the county clerk's office of said county. Upon the presen. 580 LAWS OF NEW YORK. [Chap. 446. tation of a certified copy ihereof, the managers may discharge such patient. Discharge ^ 25. A patient of the criminal class may be discharged by order of of crimr'* ^^^ ^^ *^® justices of the Supreme CJourt, or a circuit judge, if, upon due nsi class, investigation, it shall appear safe, legal and right to make such order. Clothing ^ 26. No patient shall be discharged without suitable clothing ; and, ey1o"be*^ if it cannot be otherwise obtained, the steward shall, upon the order of ftirnished two managers, furnish it, also money not exceeding twenty dollars, to od pif*^*' defray his necessary expenses until he reaches his friends, or can find tients. a chance to earn his subsistence. No com- § 21. The managers of the State Lunatic Asylum shall receive no ?o man*.*^ Compensation for their services, but shall receive their actual and gers. reasonable traveling and other expenses, to be paid on the warrant of the Comptroller on the rendering of their accounts. Par. ^ 28. All purchases for the use of the asylum shall be made for cash, Toachew, *^^ ^^* ^^ credit or time ; every voucher shall be taken, duly filled up . Ac. * at the time it is taken ; with every abstract of vouchers for money paid shall be proof on oath that the voucher was filled up and the money -paid therefor at the time the voucher was taken ; and the managers shall make all needful rules and regulations to enforce the provisions of this section. Price for 4 29. The price to be paid for keeping the poor, or any person in tt?e p^^r ^^uigent circumstances, in the asylum shall be annually fix^ by the or in(U- managers, and shall not exceed the actual cost of support and attend- s®^' ance, exclusive of officers* salaries. The managers may, at their discre- tion, require payments made quarterly or semi-annually in advance. LiabUity ^ 30. Every insane person supported in the asylum shall be person- for ws*'^' ally liable for his maintenance therein, and for all necessary expenses mainte- incurred by the institution in his behalf. And the committee, relative, nance, town, city or county, that would have been bound by law to provide Liability for and Bupport him if he had not been sent to the asylum, shaU be teerroia^.^ liable to pay the expenses of his clothing and maintenance in tike asy- tive, Ac. lum, and actual and necessary expenses to and from the same. Conntyto ^31. The expenses of clothing and maintaining in the asylum a pensea In Patient who has been received upon the order of any court or officer, certain shall be paid by the county from which he was sent to the asylum. Connty ^^® treasurer of said county is authorized and directed to pay to the treasaror treasurer of the asylum the bills for such clothing and maintenance as treasnr^r they shall bocome due and payable according to the by-laws of the asy- of asylum. \nia^ upou the order of the steward ; and the supervisors of said county snpervi- shall auTmally levy and raise the amount of such bills, and such further levy'^ sum as will probably cover all similar bill»for one year in advance. amount, Qaid county, however, shall have the right to require any individual, ^* town, city or county, that is legallv liable for the support of sucih County patient, to reimburse the amount of said bills with interest from the imtteldL" day of paying the same. When ^ 32. whenever the managers shall order a patient removed from the tendeiiTof asyl^ni to the poor-house of the county whence he came, tiie superin- the poor tendents of the poor of said county shall audit and pay iJie actual and pcmi^ of ' reasonable expenses of such removal as part of the contingent exjwnses removal, ^f ga^j poor-house. But, if any town or x>erson be legally liable for tihe support of such patient, the amount of such expenses may be recovered for the use of the county by such superintendents. If such superin- ifsnperin. teudents of the poor neglect or refuse to pay such exi)enses on demand, ofiK>or^ the treasurer of the asylum may pay the some and charge the amount ne«^ect to to the Said county ; and the treasurer of the said county is authorized Chap. 446.] NINETY-SEVENTH SESSION. 581 to -pay the SEune, with interest, after thirty days ; and the supervisors paj sach of the said county shall levy and raise the amount as other county SeasnrSr ehar^ea may do bo. ^ 38. Every town or county paying for the support of a lunatic in the Rightsand remedies or asylum, or for his expenses in going to or firom the same, shall have the ^f^^^^ like rights and remedies to recover the amount of such payments, with county interest fix)m the time of paying each faill, as if such expenses had been Bapp^ft!^'^ incurred for the support of the same at other places under existing lawa ^ 34 None of the provi^ons of this act shall restrain or abridge the power of power and authority of the Supreme Court of the State over the persons J5Srt.°*^ and property of the insane. $ 86. The managers of the said asylum are authorized, under the supply of direction and subj^ at all times to the control of the acting Canal Com- ^*^^- missioner havins^ charge of the Chenango canal, to use the surplus ^ater discharged around or through the fifth look on said canal, to oper. ate a pump to supply said asylum with water from said canal or from Nail creek, in case the said Commissioner shall be of opinion that the same can be done without detriment to the navigation of said canal. ^ 36. The managers of the said asylum shall have control of the water Managen in the levels of the Chenango canal, from the fifth to the tenth locks of J^ntrofof said canal, both inclusive, and of the water discharged from said levels water in and locks, for the purpose of supplyincp said asylum with water and ice ; portfonsof and it shall be the duty of all officers having charge of said canal, and of ^an3*fbf ® the persons employed by them, to do all things necessary, and which may snppiy of be required by said managers, for the supply of said asylum with wat^ Yce^^ *"** and ice as aforesaid ; provided, always, that the said managers in all their acts in reference to said levels, and locks, and water, shall be at all times subject to the direction and control of the acting Colnmissioner having charge of said canal ; and that nothing shall be done or x)er- mitted by said managers which shall obstruct or interfere with the navigation of said canal, or which shall not first receive the sanction of sanction the Commissioner in charge, and all persons, except such as are in commit- the employ of the State, and such as are engaged in the navigation of »iosi&n. the canals, are hereby prohibited from preventing, obstructing or in any way interfering with the said levels, locks and water of the canal, so as to prevent the fr^e and full use thereof by the said asylum, and from doing anytihing to injure the quality of said water for said use ; and any x)erson who shall in any way willfully violate this prohibition shall Misde- be guilty of a misdemeanor. "*"'*^"'- ^ 87. The terms '^ lunacy," ^' lunatic " and " insane," as used in this Certain act, shall include every species of insanity and extend to every deranged Terra /nSd person, and to all unsound mind other than idiots. The word " oath " in thi&wrt, includes " affirmation," the word " overseer " means " overseer of the * *** * poor," and "county superintendent" means ** superintendent of the -poor ;" the word " asylum " and " institution " means " any State luna- tic asylum ;" a word denoting the singular number is to include one or many ; and every word imxx>rting ihe masculine gender only may extend to and include females. TITLE FOURTH. THB WILLARD ASYLUM FOR CHB IK8ANB. Bhction 1. There is established in the town of Ovid and county of Trnsteet. Seneca, the Willard Asylum for the Insane, under the control of eight tnisteee. The term of office of said trustees is eight years. The said 682 LAWS OP NEW YORK. [Chap. 446. trastees and their succeeBors shall be appointed by the Gk>yernor by and with the consent of the 8enate. Theip § 2. Said trustees shall have all the rights, privileges and powers, and p^vifeges, ^ subject to the same duties, in said asylum, as are now possessed by powere * and imposed upon the board of managers of the State Lunatic Asylum anddtities. ^^ utica,and shall be subject to removal at anytime by the Senate upon Rate of recommendation of the Governor. Said trustees shall also fix the rate board. ^^ week, not exceeding the actual cost of supi)ort and attendance, Coanties exclusive of officers* salaries, for the board of patients. It shall further which the ^ the duty of said trustees, as portions of said asylum are completed iosane and ready for the reception of the insane, to designate, in a just and flcm. * equitable manner, and with the approval of the Governor, the counties from which the chronic pauper insane shall be sent to said asylum, as parts of the room shall be ready, from time to time, for the reception of patients, except as hereinafter provided. Trastee to ^3. The managers shall appoint a medical superintendent who shall enperin^- ^ ^ Well educated physician of experience in the treatment of the arTd trea- ^'^^^^^j *^^ * treasurer, who shall give bonds for the fidthful perform- surer. ^^ ance of his trust in such sum and with such sureties, as the Comp- Trastees troller Shall approve. They shall also appoint, in their discretion, and ^Int*^' upon the nomination of the medical superintendent, a steward and matioQ^' matron, and four assistant physicians, all of whom and the medical aifd ibiir Superintendent, shall constantly reside in the asylum or on the premi- ^l-g^J*"^ ses and such other officers and assistants as may now be allowed by ciau8,&c. law. They shall also from time to time, with the approval of the Gov- Saiarioa. emor, Comptroller and Secretary of State, determine the annual salary and allowances of the before-named officials, the a^^gregate amount of such salaries not to exceed the sum of ten thousand five hundred dol- lars in any year. mghu, ^ 4. The superintendent, resident officers and treasurer shall be sub- and da- j®^ ^ *^® Same duties, and shall have the same rights and jxjwers as tUi« of sa- are possessed by, and imposed upon, the superintendent, resident ofB- Seu^'ic', oera B'Ud treasurer of the State Lunatic Asylum at Utica. Town and ^ 5. All towu and county officers sending a XMttient to the asylum officcra to shall, upon before sending him, see that he is in a state of perfectly Bcethat bodily cleanliness, and is comfortably clothed, and provided with suit- S^uTioth- able changes of raiment as prescribed in the by-laws, ed, Ac. ^ g. The expenses of clothing and maintaining, in the asylum, a ofSoth-^ patient who has been received upon the order of any court, or officer, to'fe *^-d ®^^^^ ^ P*^^ ^y ^'^® county from which he was sent to the asylum. by county. The treasurer of said county is authorized and directed to pay to the Connty treasurer of the asylum the bills for such clothing and nmintenance, as S^pay^uf they shall become due and payable, according to the by-laws of the asy- orwTfi"^ lum, upon the order of the steward ; and the supervisors of said county bills for*'^ shall annually, levy and raise the amount of such bills, and^ such fur. gothing, i]^Qj. gmng as will probably cover all similar bills for one year in advance. Said county, however, shall have the right to require any County to individual, town, dty or county that is legally liable for the support of bnned?* ^^^^ patient, to reimburse the amount of said bills, with interest from the day of paying the same. Towns ^ 1. Every town or county paying for the support of a lunatic in the SeB.rf^h'te &syluni, or his expenses in going to or from the same, shall have the and'reme- like rights and remedies to recover the amount of such paymen s, with ^ ^ interest from the time of X)ayinff each bill, as if such expenses had been incurred for the support of the same, at other places, under exist. ing law& Chap. 446.] NINETY-SEVENTH SESSION. 588 ^ S. The managers shall leoeive no compenfiation for their services, Tnuteeft but shall receive their actual and reasonable traveling and other expen- n^o^m^^^ 886, to be paid on the warrant of the Comptroller, on rendering their pensaUon. accounts. ^ 9. In all purchases for the use of the asylum every voucher shall be voaohere taken, duly filled up at the time it is taken, with every abstract of aedf &&!^' Touchers for money paid, and shall be proof on oath that the voucher was filled up and the money paid therefor at the time the voucher was taken ; and the managers shall make all needful rules and regulations to enforce the provisions of this section. ^ 10. The chronic pauper insane from the poor-houses of the counties Chronio that shall be designated, as provided in section two of this article shall p^^. be sent to the said asylum by the county superintendents of the poor, and all chronic insane pauper patients who may be discharged not recovered from State lunatic asylums, and who continue a public charge, shall be sent to the asylum for the insane hereby created ; and all such a charge patients shall be a charge upon the respective counties from which they respective are sent And all the chronic insane paupers of the several counties of conuties. tiie State shall be sent to said asylum by the superintendents of the poor, except from those counties having aaylums for the insane, to which they are now authorized to send such insane patients by sx)ecial legis- lative enactments, or such counties as have been, or may hereafter be, exempted by the State board of charities. TITLE FIFTH. HUDSON RIVER STATB HOSPITAL POR THE INSANE. Section 1. There is established near the city of Poughkeepsie, the Managers, Hudson River State Hospital for the Insane, under the control of nine J^S* ^ode managers who are appointed by the Senate upon the nomination of the ofappoint- Governor, and hold their offices for six years and until others are ^^^^ ^^' appointed in their stead, and subject to be removed at any time by the Senate upon the recommendation of the Governor, and a majority of the Rest- said managers shall reside within the county of Dutchess. uence. § 2. The said managers have the rights and powers, and are subjecrt Rights, to the same duties, as are now possessed by and imposed upon the Snd da- managers of the State Lunatic Asylum at Utica ; and the Hudson River ties. State Hospital for the Insane is organized and governed under the laws organisa- organizing and governing the State Asylum at Utica, except as may be ^^^ ' herein otherwise provided. ment. ^ 3. The managers shall appoint a medical superintendent, who shall Managers be a well-educated physician of experience in the treatment of the meS?cai**' insane, and a treasurer, who shall reside in the city of Poughkeepsie, ^^p^^^* and give bonds for the faithful performance of his trust in such sum ami ^"a- and with such sureties as the Comptroller of the State i^U approve. ^^^^'• They shall also appoint, at their discretion, and upon the nomination other ap- of the medical sui)erintendent, a steward and a matron, and such g^Jjj^ assistant physicians as the necessity of the hospital shall from time to time require, all of whom and the medical superintendent shall con- stantly reside in the hospital or on the premises, and shall be designated aB the '^ resident officers.'* ^ 4. The managers shall from time to time, with the approval of the salaries. Giovemor, Comptroller and Secretary of State, determine the annual salaries and allowances to the treasurer and resident officers, the aggre- gate amount of the said salaries not to exceed the sum of twelve thou, sand dollars for any one year. n 584 LAWS OF NEW YORK [Chap. 446. Notice of ^ 5. As floon as portions of the hospital shall be prepaied for the to^dcewe i^<^ption of patients, the manaefers shall caase notice thereof to be pacieats. published in the 8tate paper and sent to the county clerk, county judge and superintendents of the poor of each of the following counties: Clinton, Essex, Franklin, Warren, Washington, Saratoga, Albany, Rensaelaer, Greene, Columbia, Ulster, Dutchess, Orange, Sullivan, Put- nam, Rockland, Westchester, New York, Kings, Queens, Suflfolk and Cironiar Richmond. A circular from the medical superintendent shall accompany icSr8ti|>or'- ^^ notice to each county clerk, coanty judge and superintendent of intendont. the poor, designating the number and class of patients to be received ; Transfer and wheu the hospitol shall be completed, due notice shall be given as ^niutioa &hove, SO that all x>atient8 who may then be in the State Lunatic Asylum asyiom. at Utica, chargeable to the above-mentioned counties, shall be tians- ferred to the Hudson River State Hospital for the Insane. Hadson ^ 6. The counties enumerated in the last section shall constitute the stoto Ho8- Hudson River State Hospital district, and the hospital shall be desig. ^taidb. nated the Hudson River State Hospital. Managers \ '^^ ^^^ managers and other officers shall have no interest, direct or and o%- inairect, in the furnishing of any building materials, or in any contracts bavo'^in-^ for the Same, or in any contracts for labor in the erection of said Sf^acto ^<^8pital. ^portTof k ^- I^ B^^^^ ^ ^^^ ^^^7 ^^ ^^ managers to make a detailed report of managers, all the moueys received by them, and of the progress which shall have been made in the erection of said buildings, to the Legislature in January of each year, and also to the Comptroller, as often and in such manner as the Comptroller shall or may, ^m time to time, require. Plans &c., ^ 9. The plans and sx)eciiications for said hospital shall be upon the aprovai bagjg ^f accommodating not exceeding Ave hundred patients at any one time, and shall be approved by the Governor, Comptroller and Secretary of State. TITLE SIXTH. THB BUFFALO STATE ASYLUM FOR THE INSANE. Managers, SECTION 1. There is established, in the city of Bu&lo, the Buflblo an?ap' State Asvlum for the Insane, under the control of ten managers pointmeni appoint.ea by the Governor by and with the consent of the Senate. ®^ ^ 2. They shall be subject to be removed at any time by the Senate, upon the recommendation of the Governor. Their successors shall be appointed by the Governor, and shall hold their office for six years, and until others are appointed in their stead, and subject to be removed vacanc^^ in the manner aforesaid ; and, in case of a vacancy in said boaid, how filed, ^ijg Governor shall appoint, in manner aforesaid, to fill the unezpired term. Managers, ^ S. The Said managers have all the rights and powers, and aie righte, subject to the same duties, as are now possessed by and imposed i^n powers the managers of the State Lunatic Asylum at Utica ; and the Bu&lo ties. ^ State A^lum for the Insane shall be organized and governed under the laws organizing and governing the State asylum at Utica, except as may be herein otherwise providi^. Managers ^ 4. The managers shall appoint a medical superintendent, who shall me^cai^^ be a well-oducated physician of experience in the treatment of the snperia. insane, and a treasurer, who shall reside in the city of Buffiilo, and wtid trca- ^ve bonds for the fidthful x>erformance of his trust, in such sum and Bi^^- with such soreties as the Comptroller of the State shall approve. They shall also appoint, at their discretion, and upon the nomination of the Chap. 446.] NINETY-SEVENTH SESSION. 585 medical superiniendent, a steward and a matson, and one or more other assistant physicians^ as the necessities of the hospital shall irom time ^o^?*' to time require, all of whom, and the medical superintendent, shall con. oflicen to stantly reside in the hospital, or on the premises, and shall be desig- ^*^^p(. nated the resident officers. .tai. \ 5. The managers shall, from time to time, determine the annual ssiariea. aamriee and allowances of the treasurer and resident officers, subject to the approval of the Gk>vemor of the State, Secretary of State and the Comptroller ; provided that such salaries shall not exceed in the aggre- gate, ten thousand dollars for any one year. I 6. The managers shall procure plans, drawings and specifications pums, for the construction of the hospital and other buildings, and the c^^^' improvement of the grounds, and shall contract for the erection of the ftc. buildiiigs in accordance with such plans and spedtications, and on such terms as they may deem proper ; provided Baoh plans, drawiuffs, sped- ApproTsi. fications, contracts, and the terms thereof, shall be approved by the Grovemor, State Engineer and Comptroller ; and further provided, that the managers shall not adopt any plans for the hospital or other build- ing, nor alter or change the plans adopted, without the assent of the State officers aforesaid. & 1. The managers and other officers shall have no interest, direct or Managofs inairect, in the furnishing of any building; materials, or in any con- ^^^ ^f{^ tracts for the same, or in any contracts for labor in the erection of said have an l.,„^ -A^i interest in lM>Bpital. contracts. ^ 8. It shall be the duty of the managers to make a detailed rex)ort Report of of all the moneys received hy them, and the piogress which shall ™*°*Ke»- have been made in the erectaon of said buildings, to the Legislature in January of each year, and also to the Comptroller, as often and in such manner as the Comptroller shall or may from time to time require. ^ 9. The plans and spedfications for said hospital shall be upon the Basis of basis of accommodating not exceeding five hundred patients at any one ^^^^ ^' time. TITLE SEVENTH. THE STATE HOMCBOPATHIC ASYLUM FOR THE INftANE AT BilBDLETOWN. Section 1. There is established at Middletown, in the county of Tnistees, Orange, a State lunatic asylum for the care and treatment of the insane "„? mode upon the principles of medicine known as the homoeopathic, by the ofappoint- name of '< The iState Homoeopathic Asylum for the Insane, at Middle- ""^"^ ^^ town," under the control of twenty-one trustees, appointed by the Governor by and with the consent of the Senate and shall be adherents of homoeopathy. The trustees shall be subject to removal for cause l)y-the Senate, upon the recommendation of the Qovemor. The term of office of said trustees is seven years. & 2. The said trustees shall not for their own private advantage or Trnstess gauA, directlv or indirectly, deal or trade in buying or selling any goods, SeaiT&o. wares merchaudlHe other property whatsoever, belouging to, or* to be used for the said corporation. ^ 3» The financial and other business concerns of said asylum are To haye under the direetiou of said board of trustees, who shall elect from their orboS?"^ number at each annual meeting, a president, a vice-president, a secre- ness. tary and a treasurer, who shall hold their offices for one year, or until '^^.^P- tb^ sucoessofs shall be elected. Seven of said trustees shall consti- u^^denL 38 *c. ^ 586 LAWS OF NEW YORK. [Chap. 446. Qaoram. tote a quorum for the transaction of business, and a majority of the number present at a meeting shall be requisite to make any order in qtberda. the management of the asylum. All other duties, rights and x>owers of oftr^'' ^^^ trustees shall be the same as those imposed upon the managers of tees. the State Lunatic Asylum at Utica. When k ^ ^°y trustee fiuling to attend the regular meetings of the board J2SJSd to ^^' ^^^ y^^ ^°^3^ thereupon, at the option of said board, be deemed have va- to have Vacated his office, and a successor may be appointed to iill the cateclhiB a«.i«tt oilice. B***uo« Annitti ^ 5. The trustees shall hold their annual meeting on the third Thurs* SSSef!**^ day in June, at the aeylum, to receive reporis of their officers as to the business and a&irs of said corporation, and to transact such other bua- ness aa may be deemed necessary. ByUwB, ^ 6. The board of trustees of said asylum shall have xx)wer to make, ^* constitute, ordain and establish, from time to time, such by-laws, rules and regulations as they shall deem proper for transacting, managing Pxoviso. and directing the aflJEurs of said asylum ; provided, that sudi by-laws, rules and regulations do not conflict with this act, or witii the Gonstttu- tion and laws of this State or of the United States. Board of ^ 1. The board of trustees may appoint a superintending homoeopathic ^y^^. physidan and assistant physicians, and sudi other officers and agents of point sn- the said corporation as they shall deem necessary, who shall respectively JnS*phv8?-" ^ol' shall also be boarded in and at the expense of said asylum ; and the said attendants shall each receive twenty dollars 'per month and be boarded in said aqrlmo. ^5. The Inspectors of State prisons shall cause any female convict in ineane i^ the State prison at Sing Sing, who now is or may hereafter become l^icil^'^' insane, to be removed to and retained in the female department of the ^^"X^^^"^* State Lunatic Asylum for Insane Criminals in the manner provided, and movedf ' sabject to the provisions of the above-mentioned act And all the pro. ^* visioBS of said act shall apply to the oases of convicts so removed, except that whenevBT any such female convict shall have become restored to reason she shall be transferred to and again received into the female State prison at Sing Kng. i d. The medical superintendent shall file in the office of the Comp* ^^If ^ troller of this State a bond, in the penal sum of ten thousand dollars, "aperin. oooditioned for the faithful performance of his duty as such, which bond^ tenuent. before it shall be filed, shall be approved by the board of inspectors : and no such medical superintendent shall enter upon the discharge of the duties of said office till sudi bond so approved shall have been duly filed as aforesaid. ^ 1. The superintendent shall estimate monthly, as is now provided snperin- hy law, and subject to the same restrictions and conditions as in the case ^^T^ ^ of agents and wardens of the state prisons, for all the moneys neoessarv °^^^y &r 2ie support and maintenance of said asylum ; which estimate shall ^^ be submitted to smd carefully examined by the inspector in charge of the lospecton iaid Auburn prison, who, if he is satisfied tiiat the said estimate is cor- aro^noand rect, and that the articles named in said estimate are actually needed cerciiy for the support and maintenance of said asylum, shall certify the same ; ^"^^' and on the production of said estimate, so certified, to the Comptroller, Comptroi- he shall draw his warrant on the Treasurer for the amount of said esti- rlnt.^*^' mate, and the Treasurer shall pay the amount of said warrant out of an^ money in the treasury appropriated for the support of the State prisons. ^ 8. The Inspector of State Prisons ^all adopt such rules and regu. Rnies and latioQs, from time to time, as they shall deem proper for the control and ^^^ management of the said asylum, and shall have power to remove any and all the officers in said asylum for cause, and shall enter such cause in full on the minutes of their proceedings at the asylum. And no offi-- cer removed by the said inspectors, for cause shall be reappointed to any position in said asylum. \ 9. Whenever the physician of either of the State prisons of this when m. State shall certify to the board of inspectors, or to the inspector in |xairi"e charge, that any convict confined therein is insane, it shall be the duty ^[f^^^^' of Budi board, or of such inspector in charge, to make, immediately, a convioto. full exanunation into the condition of such convict, and if satisfied that he is insane the said board of inspectors, or the inspector in charge, 588 LAWS OF NEW YORK. [Chap. 446. Mftyonler convicts to be con- veyed to osylam. Bispod- Clon of convicts remaining insane at the expi- ration of Bentence. Convict not to re- main at asylnm after expi- ration of sentence, nnless by onier of coanty JadffC. Feeslbr physi- cians and wit- nesses. Wlien convict to he trans- ferred to stato pri- son. Certifloato of convic- tion. may order tlie agent or warden of tbe -priBon where Buch oonvict is confined forthwith to oonvey eaid convict to the State Lunatic Asylum for Insane Criminals, and to deliver him to the superintendent thereof, who is hereby required to receive him into the said asylum and retain him there until legally discharged. ^ 10. Whenever any convict in the Sta^e Lunatic Asylum for Insane Criminals, under and by virtue of the provisions of this act, shall con- tinue to be insane at the expiration of that term for which he was sen- tenced, the board of inspectors, upon the superintendent's certificate that he is harmless and will probably continue so, and that he is not likely to be improved by further treatment in the asylum, or upon a like certificate that he is manifestlv incurable, and can probably be rendered comfortable at the county alms-house, may cause such insane convict to be removed, at the expense of the State, iVom said asyhnn, to the county wherein he was convicted, or to the county of his former residence, and delivered to and placed under the care of the superin- tendent of the x)oor of such county, and the said superintendent is hereby required to receive such insane convict under his charge ; they may also discharge and deliver any convict whose sentence has expired, ana who is still insane, to his relatives or friends, who will undertake with good sureties, to be approved by said superintendent of the State Lunatic Asylum, for Insane Criminals, for his peaceful behavior, safe custody and comfortable maintenance without farther public cbai^; and no convict shall be retained in the said State Lunatic Asylum for Insane Criminals after the expiration of his sentence to the State prison, unless by the order of the county judge of the county in which said asylum is situated ; and the said county judge, upon the application of the said superintendent, shall proceed to investigate the question of the insanity of such convict, and shall cause two respectable physicians, to be designated by him, to examine said convict, and upon their evi- dence, under oath, and upon such other testimony as he shall require, shall decide the case as to his insanity ; and, if he is satisfied that such convict is insane, shall make an order that the said convict shall be retained in the said asylum until he is recovered of his insanity, or is otherwise dischaived according to law ; and the fees of such physicians and witnesses shall be audited by the State Prison Inspector in charge and shall be a charge against the State, to be paid by the Comptroller out of the general fund ; but such fees shall not in any one case exceed the stim of ten dollars. ^11. Whenever any convict, who shall have been confined in the said asylum as a lunatic, shall have become restored to reason, and the med- ical superintendent of said asylum shall so certify in writing, he shall be forthwith transferred to the Auburn State Prison, and the afi^nt and warden of said prison shall receive the said convict into the said prison, and shall in all respects treat such convict as if he had been originally sentenced to imprisonment in said prison, though said convict may have been conveyed to the said asylum from either of the other prisons of this State. ^12. Whenever the Inspectors of State prisons shall order any con- vict to be transferred to the asylum for insane criminals, the agent and warden of the prison from which such convict is transferred shall cause a correct copy of the original certificate of conviction of said convict to be filed in his office, and shall deliver the original certificate to the superintendent of the asylum ; and when any such convict shall be trani^erred to the Auburn prison from such asylum, as bereinbefbre provided, the said superintendent shall deliver to the agent and warden Chap. 446.] NINETY-SEVENTH SESSION. 589 of said prison such original oertificatey which shall be filed in the clerk's ofiBoe in said prison. \ 13. The physician who shall attend any meeting of the board of Pay of Inspectors of State Prisons, or who shall make any examinations of p'^^'^^^*"- any convict, as bsreinbefore provided, shall be paid his actual and reasonable traveling expenses in going to and returning from such ex- amination or meeluig, on the certificate of the president of the boajd of Inspectors of State Prisons that he has attended such meeting or examination. ^ 14. The superintendent is hereby authorized to recover for the sup- soperin port of any patient therein chargeable under the law to either counties may re- or penitentiaries, in an action to be brought in said superintendent's coVer for name as superintendent of the State Lunatic Asylum for Insane Crimi- m¥^^^ nals, and which shall not abate by his death or removal against the ^^^^^^^^ county or penitentiary for the maintenance of the said patient, and in which action the complaint may be in a general indebitatus assumpsit ; Com- and judgment shall oe rendered for such sum a» shall be found due, ^^^^^^ with interest, from the time of the demand made. interest TITLE NINTH. LICENSES FOR PRIVATB ASYLUMS. Section 1. No person or association shall establish or keep an asy- Noorivate lum, institution, house or retreat for the care, custody or treatment of Se e'stab? the insane or persons of unsound mind, for compensation or hire, with- Ushed oat first obtaininfi; a license therefor from the State Ck)mmi86ioner in ucense^ Lunacy ; provided that this section shall not apply to any State asylum thcreior. or institution, or any asylum or institution established or conducted by fyotIbo. any county ; and provided, also, that it shall not apply to cases where an insane person or person of unsound mind is detiuned and treated at his own house or that of some relative. ^ 2. Every application for such license shall be aocomx)anied by a AppUea- plan of the premises proposed to be occupied, describing the capacities ucenMu of the buildings for the uses intended, the extent and location of grounds appurtenant thereto, and the number of patients of either sex proposed to be received therein ; and it shall not be lawful for said commis- Commissioner to srant any such lio^nse without having first visited the ^^t^p^ premises proposed to be licensed, and being satisfied by such examina- mises be- tion that tbey are as described, and are otherwise fit and suitable for ^S^^ the purposes for which they are designed to be used. cen^* ^• TITLE TENTH. STATS OOUMISSIONER IN LUNACY. Section 1. The Governor shall nominate, and bv and with the advice state eom. and consent of the Senate, appoint an experienced and competent phy- £*^nacy. acian, who shall be designated as the State (Commissioner in Lunacy, who diall hold his ofiice for five ^ears and receive an annual salary of four thousand dolliuis, and traveling and other incidental expenses not to exceed one thousand dollars, to be X)aid on presentation of vouchers to the Comptroller. \ 2. It shall be the duty of such Commissioner to examine into and His da report annually to the Legislature on or before the fiftJh day of January ^^^' the condition of the insane and idiotic in this State, and the manage- ment and conduct of the asylums, public and private, and other insti. tutions for their care and tr^tment. The duties of said Commissioner 590 LAWS OF NEW YORK. [Chap. 446. How per- in regard to the insane shall be performed, so as not to prejadice the formed established and reasonable regulations of snch asylums and institntions aforesaid ; and it shall be the dnty of the officers and others respectirely in dbaree thereof, .to give suoh Commissioner, at all times, free access t» and full infoi*mation oonoerniug the insane, and their treatment therein. To report It shall also be the duty of such Commissioner to inquire and report, treatment, ^^om time to time, as far as he may be able, the results of the treatment ' of the insane of other States and countries, together with snch par- ticulars pertaining thereto as he may deem proper. Official § 3. The said Commissioner shall have power to make and use an "^- official seal, and all copies of fratpers and documents in his possession Copies of and custody may be authenticated in the usual form under his official £c?Tow ^^^ ^^^ signature, and used as evidence in all courts and places in this aatiiena- State, in like manner ae similar certificates emanating from any other ^*'^*- public officer. Hispow- § 4. The said commissioner is hereby empowered to issue compulsory dnties ta P^'^^^s for the attendance of witnesses and the production of papers, to ofisefl administer oaths and to examine persons under oath, in all cases wherei ^^n is from evidence laid before him, there is reason to believe that any person J^jnsjw- ig wrongfully deprived of his liberty, or is cruelly, negligently or im- eVof^i/ properly treated in any asylum, institution or establishment, public or private, for the custodv of the insane; and if the same shall be proved to his satis&otion, it shall be his duty to report the facts, together with his conclusions thereon, to a justice of the Supreme Court who shall thereupon grant the necessary relief. Keepersof § 5. The superintendent or keeper of every county poor-house, city poSr-*^ almshouse or other asylum where insane paupers are kept, shall, on or bouses, before the fifteenth day of November, in eabh and every year, report to port annn- the State Commissioner in Lunacy the numbers of male and female ally to insane, idiots and epileptics in his custody on the first day of November last past, together with a statistical exhibit of the number of admissions, discharges and deaths that have occurred within the past year among that class of persons, and the average weekly oost of th«ir maintenance. He shall also state the actual condition of those discharged and the causes of death in those dying within the institution. § 6. Any superintendent or keeper of a county poor-house, city alms- house or other asylum where insane paupers are kept, who shall neglect to report as above recited shall beguilty of a misdemeanor, and on con- viction be subject to a fine of not less than fifty dollars nor more than two hundred and fifty dollars, and it shall be the duty of the district attorney of the proper county to proceed against such offenders accord- ing to law. TITLE ELEVENTH. Uberty, Ac., in anyayB- Inm. commis- sioner of lanacy. Penalty for neg- lect. Term or tenure of office not aflfected. BepeaU OENEEAL PB0TI8I0K8. Section 1. 'Nothing in this act shall be construed to affect either the term or tenure of office of any manager or board of managers, or of atiy superintendent or resident officers of any State' asylum, who may now be in office. § 2. All laws, or parts of laws, inconsistent with or repugnant to the provisions of this act are hereby repealed. § 3. This act shall take effect immediately. CkAP. 448.1 NINETY-SEVENTH SESSION. 5^1 Chap. 4=4:7. AN ACT to further amend an act entitled ^^ An act to incorporate the Real Estate Trust Company of the city of New York," passed April fourteenth, one thousand eight hundred and seventy-one, passed May twenty-first, one thousand eight hundred and seventy-two, passed May twenty-eighth one thousand eight hundred and seventy-three. Passed May 12, 1874. The People of the State of New Tork^ repreeented in Senate and As^mUpy do enact aefoUotoa : Section 1. The fifth section of an act entitled *' An act to incorporate company the Real Estate Trast Company of the cily of New York," passed April ™JS JS'^ fonrteenth, one thousand eight hundred and seventy^one, is hereby execnte further amended by adding at the end thereof, as follows : To accept SfSmit- and execute all such trusts of every description, not incon^stent with tedtoitW the laws of this State-, as may be committed to them by any corporation, nSon^Ic. or by order of the Supreme Court, or by a surrogate, or by any of the conrts of record of tnis State, and to act as agent for the purpose of issuing, registering or countersigning the certificates of stock, bonds or other evidences of debt of any corporation, association municipality, State or public authority, on such terms as may be agreed upon. § 2. This act shall take efiect immediately. Ohap. 4:4.8. AN ACT for the relief of the Park Avenue railroad company in the city of Brooklyn, and to authorize the extension of its tracks through certain streets and avenues in said city. Passed May 12, 1874.* TJie People of the State of New Torkf represents ifi Smote and Assembly y do ena^t asfcXUnos : Sectiok 1. The Park Avenue railroad companj^, in the city of Extension Brooklyn, are hereby authorized to construct, maintain and opei*ate an J^JSSte**^ extension of their railroftd in, through, and upon the following streets ed. and avenues in the city of Brooklyn, namely : Connecting with their sonto. present railroad at the junction of rark avenue and Vanderbilt avenue, through said Park avenue to Broadway; also connecting with their present railroad in Concord street, through Concoixi street to Washing- ton street, through Washington street to Front street, through Front street to Fulton street, through Fulton street to the Fulton fen'y, and from the Fulton ferry tlirougn Water street to Washington street, and through Washington street to Front street, together with the necessary connections, stands, switches, sidings, curves, turn-tables and turn-outs for the proper and convenient working and operation of their railroad and the extension herein provided for. * Ctrtiittd b J Ui6 pretldlng ofloer of the Senate, m havinir passed the Senate, ** three>flfthfl beinf preient." 59U LAWS OF NEW YORK. [Chap. 449. UseSof other rail- road tracks au- thorized. Compen- sation therelbr. Consolida- tion with othercom- pany. Orgranixa- tlonofDew company, how to be formed. Kew com- pany may oonstmct parts of the roads not oon- Btmctod already, Ac. § 2. In the construction, operation or use of such railroad upon the route or routes herein designated, should said company deem it necessary or proper to run upon, along, and over^ or intersect or use any portion of any other railroad tracks now laid upon any of the streets or avenues above named, they are hereby authorized to run upon, along and over, and intersect and use the same, and in case they cannot agree with the owner or owners thereof respectinj^ the compensation or payment to be made therefor, then the amount of such compensation or payment shall be ascertained and determined in the manner provided in subdivision six of the twenty-eighth section of the act entitled ** An act to authorize the formation oi railroad corporations and to regulate the same/' passed April second, eighteen hundred and fifty. § 3. The said Park Avenue Railroad Company may negotiate, agree upon, effect and establish a consolidation witn any company or corpora- tion now having the right to run and operate a railroad in and through any of the streets and avenues or highways in the county of Kings, upon such terms and conditions as may be determined upon by sharefaolaers holding at least two-thirds in amount of the capital stock of each of said companies or corporations ; such consolidation shall provide for the organization of a new company to be formed under and pursuant to chapter one hundred and forty of the laws of eighteen hundred and fifty, and of the several acts amendatory thereof or supplementary thereto, which said new company shall be composed of the stockholders of said companies parties to such act of consolidation and their asso- ciates and assigns; and such new company when ors[anized and the certificate thereof filed in the office of Secretary of State shall have the right to lay and construct such parts of the roads as are not already constructed, and to maintain and operate the whole road upon the route or routes of each of said companies so consolidating, and all the rights, franchises, powers, privileges, benefits and propertjr of the said companies or corporations so consolidating shall be vested in and possessea, and enjoyed by said new company, subject nevertheless to all the incum- brances and liabilities of said companies so consolidating. § 4. This act shall take effect immediately. Extension ofavenne authoris- ed. Draw- bridge, width thereof. PnbUc highway. Chap. 4.4=9. AN ACT to provide for the extension of Ocean avenue, in the county of Kings, to the Atlantic ocean. Passed May 12, 1874 ; three^fifths heing present The People of the State of New Tork^ repreeented in Seriate and Assembly f do enact as foUotos : Sectiok 1. Austin Gorbin of the city of Brooklyn, as the owner of lands to be benefited thereby, is hereby authorized, at his own expense, to extend Ocean avenue, from its present southerly terminus at Sneeps- head bay southerly to the Atlantic ocean, and for that purpose to build a drawbridge (having a draw of not less clear width than the draw in the Coney island Bo»i and Bridge Company's bridge) over the channel of said Sheepshead Bay, and to fill in and bulkhead or bridge said road or avenue across said bay from said bridge to high water mark on each side thereof, and upon the completion of said road or extension and bridge to control the same, and to employ a suitable person to attend to such draw« Such road is hereby declared to be a public highway. § 2. This act shall take effect immediately. I Chap. 450.] NINETY-SEVENTH SESSION. 598 Chap. 450. AN ACT to provide for the collection of money expended for the improvement of the Gowanus canal in the city of Brooklyn, and to confirm certain assessments hereto- fore laid therefor. Passed May 12, 1874 ; three-fifths being present The People of the State of New Tork^ represented in Senate and AssenMy^ do ctuu^ as foUows : Sbctiok 1. All that portion of the moneys heretofore expended or certain advanced by the city of Brooklyn^ whether for principal or interest ™ded?T (except as hereinafter provided to be deducted), nnder or in pursuance the city of of an act of the Legislature, passed April nineteenth, eighteen hundred SiS?a^ and sixty-six, entitled An act to improve the Gowanus canal in the u^. city of Brooklyn and the various acts amendatory thereof and supple- mental thereto, which, in the year eighteen hundred and seventy-two was assessed or apportioned by the board of assessors of said city unon and within the district of assessment fixed by the said act, describea as follows: "The property fronting on said canal and extending two hundred feet back fi-om the line of said canal, and on docks or land fronting on the water lines in Gowanus bay beyond the mouth of the canal to the bar at or near Percival street and extending two hundred feet back from the water lines or fronts of said last mentioned docks or land," reference not being intended to be hereby had to the sub-district thereby fixed, to bear the expense of docking the sides of said canal, which said district is not intended to be hereby charged, is made a lien and assessment on the aforesaid district fixed by the said act, but noth- ing in this act contained shall be construed to make any lot or parcel of land liable for any sum, except for the sum apportioned, assessed or levied, or to be apportioned, assessed or levied thereon as herein stated or provided. S 2. All assessments, or sums assessed, which have been heretofore Assees- laid, or levied, for said improvement, either by the board of assessors JJ^ISSl^*' of said city, or by the supervisors of the county of Kings, or by both said bodies, upon any property, whether lands or water below, or in any manner outside of or beyond said district, are hereby vacated and declared void. § 3. Each of the several sums heretofore, and in the year eighteen certain hundred and seventy-two, assessed, apjportioned or levied, on the several ^2con. pieces or parcels of land in said district, except as hereinafter provided firmed, to be deducted, are herebv levied and confirmed as a tax on said several pieces or parcels of land, respectively, and the action of the board of supervisors of the county of Kinffs in levying a portion of said sums in the year eighteen hundi-ed and seventv-two, and a further portion of said sums in the year eighteen hundred and seventy-three, is hereby confirmed and made valid. § i. The board of assessors of the city of Brooklyn are hereby Deiinotion authorized and directed to ascertain, determine and thereupon deduct {SjJI^iJJ^* from the amount heretofore apportioned and assessed on said district first fixed, the amount of the cost and expense incurred by the said city for the dredging and docking done in front of those of the public streets which are now open to said canal and used by the public, and situated above Percival street; and such deduction shall be made pro 594= LAWS OF NEW YORBL [Chap. 451. rata from that portion of the said assessment already laid on said district which has not been heretofore levied by the board of supervisors Board of of said countj ; and the said board of supervisors in levying the annual orftTaad ^^^^^ ^^ ^^^ y^^ eighteen bundled and seventy-four, and in eaeh vear to tax. thereafter for seventeen years, shall add to the tax or charge that other- wise woald be laid on each of the lots in said district one--eighteenth part of the sum not already levied by said board which Rafter making the deductions last hereinbefore provided for) remains a cnarffe on epch of said lots as aforesaid, toother with interest on the installments so levied from the time the said assessment was laid in the year eighteen hundred and seventy-two ; such sums so added for each lot in each year shall be levied on that lot alon^ with the annual taxes for that year, and all laws relative to the levying or collection of taxes in said city shall apply to each of the sums so added in each year to tiie tax for each lot sticb tax- § 5. Such taxes shall, however, be so levied as to show, in separate be levied^ Columns, the sum levied on each lot as a part of the general tax, and ' also the sum so levied on each lot for the purposes of said improve- ment, together with the aggregate sum or amount of the two sums aforesaid. Lateral § 6. In case lateral canals intersecting said canal have been made or aeMmen^ Streets intersecting said canal have been closed or stricken from tlie therefor, commissioners' map of said city since the year eighteen hundred and sixty-six, the board of assessors of said city are hereby authorized to assess on the portions thereof lyins in said district of assessment, a sum not exceeding the relative benebt derived by the proj^rty there situate, and not exceeding in amount the reductions in said assessment as pro- vided in this act to be made. To be col- § 7* Such assessment on lateral canals or streets shall be collected in Insteu-^*^ eighteen annual installments, in the same manner, and with interest, mento. as provided for the collection of the other assessment in and by the fourth section of this act § 8.. Nothing in this act contained shall prevent the said city from hereafter laying an assessment on the property adjacent the said canal below Percival street, and as far as Cuba street and Twenty-first street, not exceeding in amount the sum heretofore there assessed and not hereby provided for. § 9. This act shall take effect immediately. a^ Chap. 451. AN ACT to amend the several acta in relation to State j)risons. Passed May 12, 1874; three-fifths being present The People cf the State of New Torkj represented in Senate and AseenMyy do enaxt a^fcUotos: Section. 1. Subdivision one of section thirty-four of chapter four hundred and sixty of the laws of eighteen hundred and forty-seven is hereby amended so as to read as follows: Inspectors 1* To visit jointljT each of the State prisons that now are or may here* jointtj ^^^ ^ established in this State, at least thi*ee times in each year, and in each of addition the president of the board of Inspectors shall call a joint meet- i^m!^ ^^i whenever requested to do so by two of the Inspectors^ at such prison or prisons as they may designate. Chap. 451.] NINETY-SEVENTH SESSION, 695 § 2. Sabdivision fifteen of section tfairty^fonr of chapier. four hundred and sixty of the laws of eighteen hundred and forty Hseven is hereby amended so as to read as follows: 15. At either of the prisons where manufacturing is carried on by the Appoint- State, the inspectors shall appoint, as far as possible, keepers qualified [l^^hen. to teach the conyicts in the ti^es and manufactures thus prosecuted in such prisons, and to be inclusive with the number of keepers such prison may be entitled to by existing laws. § 3. Subdivision ten of section forty<«ight of chapter four hundred and sixtv of the laws of eighteen hundred and forty-seven is hereby amended so as to read as follows : 10. To furnish to each convict who shall be discharged from prison, Discbniir by pardon or otherwise, necessary clothing, not exceeding twelve aollars ^to^u>be in value (between the first day of November and the first day of April, ^rnished clothing not' to exceed eighteen dollars may be given), and a sum ofciotbin^ money not exceeding upon an average over five dollars, as the agents J"^ ™>"'- and wardens may deem proper and necessary, at each of said prisons, ^' and the sum of four cents for each mile for which it may be necessary for such convict to travel to reach the place of his residence, and if he has no residence within this State, to the place of his conviction; but at Clinton prison the mileage shall be five cents per mile as aforesaid. § 4. Section sixty-one of the same chapter is hereby amended «o as to reoA as follows : § 61. Four instmctors shall be employed by the inspectors for each instrnot- of the prisons at Sing Sing and Auburn, and two for the Clinton prison ; p^£^^ it shall be the duty of such instructors, in conjunction with, and under their da- the supervision of the chaplain and inspector in charge, to ffive instruc- ^' tion in the useful branches of an English education, to such convicts as in the judgment of the chaplain may require tiie same and be benefited thereby ; such instruction shall be given for not less than one hour and a half daily (Sunday excepted), between the hours of six and nine in the evening, in such room or rooms as may be provided for that purpose. § 5. Section sixty-nine of same chapter is hereby amended so as to read as follows: § 69. The agents and wardens and other oflScers, and the guards otAgmts, the respective prisons, shall support themselves from their own salaries ^ppOTt and resources, and shall not receive any perquisites or emoluments for tbem. their services other than the compensation provided for by law, excej^t Ind^ot to that the agents and wardens, physicians ana chaplains shall keep their ?^^^|^|. offices at tne respective prisons, and that the agent and warden shall yn^Ao.' reside theran; they shall all be furnished with the fuel for their offices, Fneiand and lights, and the house for the agent and wardens shall be furnished ^^^ with household furniture and provided with the necessary fuel andHooMfor lights for themselves and families; and from the stock provided for the ^ifS^en?^ prison, the agent and warden shall furnish fuel for the barracks of the ^^^f^' gnards. So. ' § 6. Section seventy-four of the same.chapter is hereby amended so as to read as follows : S 74 No inspector, aoent and warden, matron, or other officer of iiupeetor, either of the prisons of this State, shall employ the labor of any convict Sot%em' or other person employed in such prison, or any work in which such p|py i«|>or inspector, agent ana warden, matron, or other offioer shall be interested, ao?^^' except that the agent and warden of each* prison and the matron of the Bxc«p. female prison sl^l each be entitled to two oonviotsemrants and a con- ^^^' Yict ganlener, and to be fed from rations drawn from prisons stores,. but 696 LAWS OF NEW YORK. [Chap. 45L of the same (jnality aad quantity as is allowed to other convictoin their respective prisons. 9 7. Section twelve of chapter three hundred and ninetj«nine of the laws of eighteen hundred and sixty is hereby amended so as to read as follows : . § 12. Section nine of chapter two hundred and forty of the laws of eiehteen hundred and fifty-four is hei'eby amended so as to read as follows: Contract § 9. Whenever the board of inspectors shall deem it expedient and ofcoJiwctB proper for the agent and warden of either of the prisons to enter into for term of any Contract for the labor and services of convicts for a term of more one vear,'^ than one year, it shall be the duty of said board to pass a resolution to fiSns of ^^^^ effect, specifying the number of convicts whose labor and services the board are to be let ; the prison in which they are confined ; the business at •afieot^ which they are to be employed; the number of years for" which their labor and services are to be let; the time the contracts shall commence; the shop-room, yard-room, store-room, hydraulic or steam power, machin- ery and other facilities, if any there be, for the business, which will be Bireetion furnished with the labor and services to be let ; directing the warden to ^^^^* advertise for sealed proposals in the State paper, in one newspaper pub- lished in the county where said prison is located, and in one newspaper published in not to exceed eight of the cities of this State. Upon the Warden, passage of any such resolution and serving a copy thereof upon tlie hisdatiea. agent and warden, that officer shall proceed at once to execute it> by Kotioe. preparing and publishing for the period of twenty days next preceding the time fixed for opening such proposals, the notice required in the manner above provided, and by preparing a duplicate form of the con- tract to be entered into, with the date, amount of compensation per day, and names of contractors and their sureties, in blank, to be approved by the inspectors or a majority of them, a copy whereof shall be deposi- ted with the clerk of the prison at which such convict labor is to be let, for the inspection of all persons desirous of proposing therefor, for at least the period of twenty days prior to the time fixed in such notice Sealed for opening such proposals. The agent and warden shall receive and prppoaaia. pj^gerve unopenect all the sealed proposals for the said labor and ser- vices, which shall be delivered to or received by him up to the day and hour mentioned in his published notice and no longer, and shall there- upon, or as soon thereafter as the board of inspectors shall convene, lay said proposals before the board of inspectors, who shall proceed publicly at once to open and canvass such of them as shall be substantially in the form prescribed in the published notice of the agent and WMtlen, and as shall be accompanied by an offer to enter into the contract for the labor of such convicts, prepared as aforesaid with the names of the bidders and the price per day for the labor and services of the convicts which he or they pi-opose to pay, with the names also of at least two sufficient sureties, accompanied by their written consent to become sureties in such con- Award of tract, and shall award the contract for such labor and services to the contract. p^j.gQjj qj. persous who shall be found to be, by said canvass, the highest Szeeution bidder or bidders therefor. The board shall thereupon direct the agent tirM?' ^^^ warden to fill up the blanks in such contract pursuant to such pro- posal, and execute the same with such bidder or biaders, which contnust. Approval, when so filled up and signed, and approved by the inspectors or a majority of them as to the sufficiency of the sureties therein, shidl be a yalid contract in law between the parties thereto and their sureties ; PfOTico. provided, however, that no such contract shall be executed by said agent and warden of either prison, which shall contain any stipulation on the Chap. 451.] NINETY SEVENTH SESSION. 597 part of the agent and warden to accept any less than full contract price (which shall be the price per day only) for the labor and services of any of the conTicts referred to in said conti'act, or that the said convicts shall execnfce any specific amount of labor per day, per month or year, or that they shall have or possess any particular degree of skill in the trade or business at which they ai*e to be employed, or that the contrac- tor or contractors shall have any accommodations or facilities for busi- ness or privileges which were not specified in the contract so prepared as aforesaid, or that the agent and warden shall mainttun any narticular kind, standard or quality of discipline in said prison over saia convicts dnring the time they shall be employed under said contract; and pro- Further vided, further, that no such contract shall be awarded by the agent and v^^^^- warden or be valid in law if it run for a longer time than five years from the time when it is by its terms to commence, and if it shall not con- tain a stipulation on the x^art of the contractor or contractors to pay the contract price for the labor and services therein specified, montlily, on the first day of each mouth, to the agent and wai*den, at his ofiice at the prisou, and' that the agent and warden may, by and with the consent of the board of Inspectors or a majority of them, annul the said contract and declare it void, if said contractor or contractors shall at any time n^leet or refuse to make the monthly payments within ten days from the time they shall respectively fall due; and every such contract shall stipnia- likewise contain a stipulaticm that the State will not be held respon- [^bj ^ sible for any loss sustained by fire on the part of any contractor or con- flre. tractors. In case any bidder or bidders to whom any contract may be Bam&res awarded shall refuse, or shall, for twenty-four hours after any such £'^xeciSe award shall be made to him or them, neglect to execute such contract, contract, with at least two sufficient sureties, to be approved by said inspectors or a majority of them ; and every bidder to whom such contract snail be 80 awarded, and who shall refuse or neglect as aforesaid to execute such contract, shall pay to the agent and warden, and his successor in office, as stipulated damages for such refusal or neglect, a sum equal to the difference between the aggi*egate of earnings oi the number of convicts sp^ified in such contract, at the price per day named in the proposal of such bidder, for the term of such contract, and the aggregate of earn- ings of such number of convicts at the price per day at which the same shall be finally awarded ; and such agent and warden shall have an lUfl^ht or immediate right of action against such bidder so neglecting or refusing, l^iaat and his proposed sureties, for the recovery of such damages, and unless bidden, the same shall be paid within thirty days after personal demand thereof of such bidder, the agent and warden snail forthwith bring suit for the recovery thereof. If, upon opening such proposals, "the said inspectors, inspectors with the assent of the agent, shall deem it for the interest of the State not pi^j^^ to award said contract to any such bidders, they may reject all of said ^^(j^*^^* proposals and readvertise the same ; and if, after awarding such contract '"^***®- to any bidder or biddera who shall have refused or neglected to enter into such conti*act, the said inspectors shall not deem it for the interest of the State to award the same to any person bidding a lower rate of compensation, they may reject all lower bids and re-advertise ; and any Expense bidder whose proposal shall have been accepted by the inq>ectors, and ^^S^g. who shall have refused to enter into such contract, shall be liable to said a^nt and warden for the expenses of such re-advertisements, in addi- tion to the damages by reason of such refusal or neglect, to be computed as hereinbefore provided. To every proposal for convict labor shall be Jnstifloa- annexed a justification of the sureties m an amount in the aggregate s^Sl^ttM. 5@e LAWS OF NEW TOBK. [Chap. 451. Offleen for each priBoato beap* pointed by Inspect- ors. Gaardt at each, pdaon. Eseaped eannet. Removal ofoon- ▼ietB. Hears of labor. Commnta' tion of time. not less than the sum of ^re thousand dollars over and above all debts and liabilities, and property exempt from levy and sale on execution. § 8. Section nine of the same chapter ifi hereby amended so as to read as follows: ^ § 9. The Inspectors shall appoint to each of the State prisons the fol- lowing officers: An affent and wainlen, a principal keeper, a eh^lain, a clerk, a physician and surgeon, and a yard ke^»er; a matron for the female prison at Sing Sing, who shall be a widow or unmarried woman ; a store-keeper for each of the prisons at Sing Sing and Auburn, and one kitchen-keeper at each prison, and who at Clinton prison sb^ perform the duties of store-keeper; and so many keepers at Sing Sing as not to exceed the proportion of one to twentv-seven convicts, exclusive of the yard-keeper for the male prison, and assistant matrons, not to exceed the proportion of one to twenty-five convicts; at Auburn prison, the number of keepers shall not exceed the proportion of one to twenty-eight convicts; at Oliaton prison, the number of keepers shall not exceed the proportion of one to every thirty convicts. § 9. Section sixty-four of chapter four hundred and sixty of tlie laws of eighteen hundrea and forty-seven, is hereby amended so as to read as follows : § 64 There shall continue to be maintained at each State prison a guard, to be appointed by the inspector, to consist of one sergeant and so many privates as the inspectors may from time to time direct, but the ^uard at Sing Sing, including the sei'geant, shall not exceed forty- two in nnmber; the guard at Aubuiii, including the sergeant, shall not exceed the nnmber of twenty-two ; and at Clinton, between the first day of November and the first day of April, shall not exceed the number of twenty-eight, and ft*om the first day of April until November, the number shall not exceed twenty-nine; but at each prison the sergeant of the guard shall be included in the number. § 10. Section seven of chapter three hundred and ninety-nine of the laws of eighteen hundred and sixty, is hereby amended by adding thereto the following: Any convict escaping from any State prison or peniten- tiary in this State, and afterwards arrested, shall serve out the full balance of his then sentence, notwithstanding the time may have expired, as if he h^id remained in prison, and shall lose all the benefits of the commutation he may have earned by good conduct prior to said escape, unless pardoned by the Governor previous to, or after his re- arrest § 11. In addition to the power now granted to the board of inspec- tors of State prisons authorizing them to remove convicts from one State prison to another, the said board are authorized to remove any convict or convicts from the prison where he or they are confined to either of the other prisons, when in the judgment of said board the interests of the State or the health or improvement of the convict or convicts demand it, or when it is otherwise material, or in furtherance of justice. § 12. It shall be the duty of the agent and warden of the several State prisons of this State to require of all able-bodied convicts therein an equal number of faithful hours' labor during such hours as the inspector shall designate, and eaeh convict in good &ith performing snch day's work and being in all respects obedient to the rules and regulations'of the prison, or if not able to work, but is faithful and obedient, each diall be allowed " two months " on each of the first two years ; *^ four.months ** on each succeeding year to the fifth year, and " five months " to each remaining year of the term pf his imprisonment; and provided further Chap. 452.] NINETTSEVENTH SESSION. 590 oommntation of time earned by a convict for good conduct shall be Forftitare whollv forfeited np to the time he commits any of the offenses men- ^^''^^• tioned in section two of chapter four hundred and fifteen of the laws of eighteen hundred and mxty^hree, or commits any other act that would amonnt hy law to a misdemeanor; and the name of no convict who has escaped or attempted to escape shall be sent to the Governor for the commutation of any part of his sentence by prison officials. § 13. All acts and parts of acts inconsistent with ikis act are hereby BepeaU repealed. § 14 This act shall take effect immediately. Chap. 452. AN ACT re-appropriating certain moneys to the State Homoeopathic Asylum for the Insane> at Middletown, New York. ! Passed May 12, 1874 ; three-lSfths being present ii [ The People of the State of New Tork^ represented in Senate and '^ Assembly, do enact aafoUowa : Section 1. The State HomcBopathic Asylum for the Insane, at Mid- Beam>ro. ' dletown, shall be entitled to receive and shall receive from the Treasurer p***™"- of this State of the unexpended balance of monevs authorized, by an act entitled ''An act to amend an act entitled 'An act to establish a homcBopathic asylum for the insane at Middletown, New York/" passed March thirty-first, eighteen hundred and seventy-one, and again re- appropriated in '*An act making appropriations for certain expenses of government, and for supplying deficiencies in former appropiiations." passed May fifteenth, eighteen hundred and seventy-two, the sum of nfty-five thousand three hundred and sixty-eight oollars and eighty- nine cents, which said sum of fifty-four* thousand four hundred and fifcy-eight dollars and eighty-nine cents, is hereby re-appropriated to the State Homoeopathic Asylum for the Insane, at Miaaletown, New York, to be used for the following purposes, namely : Forty thousand pnrposes nine hundred and fifteen dollars and seventy-nine cents thereof, for the **>w^eo''- payment of the debt incuri*ed and now outstanding for the construc- tion of said asylum, specified in schedule three of the special report made to the Senate by the trustees of said asylum, April first, eighteen hundred and seventy-four ; for laundry apparatus, thi'ee thousand five handred dollars ; for extension of railroad switch and construction of ooal house and bins, one thousand five hundred dollars; for construc- tion of covered passage way from central building to engine and laun- dry, one thousand three hundred dollars; for additional fixtures in halcery, kitchen and servant's rooms, 'six hundred dollars; for one fifteen-horse power engine, setting and connecting the same, two thou- sand five hundred dollars; for repairs on farm buildings, six hundred dollars; for constniction of cess-pool and utilization of drainage from soil pipes, seven hundred and fifty dollars; for additional furniture in central administrative building, three thousand five hundred dollars; for fiagging-stone about the area in the rear of the central building, two hundred dollars. § 2. This act is to take efiect immediately. • So In original. eOO LAWS OF NEW YORBL [Chap. 454. Chap. 4:53. AN ACT authorizing the town clerk of the town of Andes, in Delaware county, to call a special town meet- ing and authorizing the voters of said town to decide by ballot whether they will authorize the railroad commissioners of said town to sell and convey the town stock owned by said town in the Delhi and Middletown Railroad. Passed May 12, 1874; three-fifths being present The People of the State of New Tork^ represented in Senate and Aasemblpj do enad aafdUowa: Special Sectiok 1, It shall be lawful for the legal voters of the town of meettng. Andes, in Delaware county, to convene in a special town meeting, to be held where the 4a8t town meeting was held, on the call of the town clerk Object of. as hereinafter mentioned, for the purpose of procuring an expression of the voters of said town to enable the Delhi and Middletown Railroad Commissioners of said town, in their discretion, to sell the stock of the town in the said Delhi and Middletown Bailroad, provided the voters of said town so decide. NoUceoC § ^. The town clerk of said town is herebv authorized to call said special town meeting by publishing notice of the same in the Andes Kecorder for two weeks in succession, and by posting notices in six conspicuous places in said town for at least ten days before said meeting is to be held, and if a majority of the legal voters pi-esent and voting at said meetins; decide by their votes that the said Bailroad Commis- sioners may sell said stock, it shall be lawful for the said commissioners to sell the same to such person or persons as in their judgment they may deem best, and to execute all necessary papers in behalf of said town to convey and perfect title in and to the same. § 3. This act shall take effect immediately. Chap. 4=54:. AN ACT to authorize the board of supervisors of Erie county to regulate the publishing of election notices in said county. Passed May 12, 1874; three-fifths being present The People of the Sta^te of *New Torhy repreaetUed in Senate and Assembly y do enact as foUotos : Desigota- SEcmoN 1. The board of supervisors of the county of Erie shall, at newapa- ®*^h annual meeting thereof, designate, by ballot, four public news- pers. papers printed and published within the said county of Erie, from the two political parties, one English and one German of each party, in Pnbiioa- which shall be published the several election notices, required by Sectufn 1*^ ^ be published, of elections hereafter to be held within the said uotioea. county of Erie, and no other or greater number of newspapers shall be designated or employed by said board of supervisors, wherein to publish such election notices. Chap. 455.J NINETY-SEVENTH SESSION. 601 t2. No claim for publishing election notices shall hereafter be claims of ited or allowed by said board of superrisors, other than such as shall n^Jp^. have accrued for the publication of such notices in the several news- pen not to papers so to be designated by said board, under the provisions of this el'^^^^' act. § 3. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. § 4. This act shall take effect immediately. Chap. 455* AN ACT to protect the fisheries of " Cross Lake," in the county of Onondaga, State of New York ; also of Clyde and Seneca rivers in counties of Wayne and Cayuga. Passed May 12, 1874 ; three-fifths being present The People of t?ie State of New York, represented in Senate and AssenMy^ do encuft aefoUofos: Section 1. No person shall at any time, within three years from the catching passage of this act, take, procure or catch, or assist in taking, procuring J^'^^hook'** or catehing, with or by means of any devise whatsoever, except nook and Hn^njine, line, any fish of any kind from the waters of " Cross Lake, Clyde and ^ ^ Seneca rivers, within the county of Onondaga or from an^ of their out- lets or inlets within said county, except minnows for bait, which may be taken with a small net, and except white fish, suckers, catfish and eels, which may be taken with a spar, and no person shall take any fish through the ice from said waters in any manner whatsever.* § 2. No person shall take, or attempt to take or kill any fish in the waters hereinbefore mentioned, with a spear, gun, or in any other man- ner except as provided in section one of this act under the penalty of Penalty, twenty-five dollars for each offense ; and the possession by any person of any spear, jack or light on said lake or tributaries, or on the shore of the same, shall be presumptive evidence of such nlidertaking and attempt by such person. § 3. Any net of any kind set or placed in an^ of the watery aforesaid, setting s shall be presumptive evidence of the commission of the offense men- BQ^luve tioned in section one of this act, by the person owning or placing the evidence, same therein, and on the discovery of such net so set or placed, the same ^^* may be seized or taken without process by any constable of the counties conflnca- of Ononda^ Cayuga or Wayne, and delivered to the supervisor of any t^o^of**®*, town in said counties, and upon conviction of the person owning or plac- ing snch net, of said offense, the court in which such conviction shall be had, shall order such net to be sold by any constable of the counties aforesaid, and the proceeds of such sale, excepting the sum of three dol- lars which said constable may retain for his fees on such sale, shall be disbnrsed as follows : One-half to the person discovering the net so placed, and the remainder to the Commissioners of Fisheries of the State of New York. § 4. Upon complaint made on oath, to any justice of the peace of said Warrant county against any person as having violated any of the provisions of*® *""** thi^ act, said justice of the peace shall issue a warrant for the apprehen- * So in original. 39 603 LAWS OF NEW YORK [Chap. 457. sion of the offender, and cause sucli person to be brought before such Fine, fto. justice for examination. If it shall appear by the confession of the offen- der, or by competent testimony, that he has violated any of the provis- ions of section one of this act, the justice shall impose a fine upon such offender of not more than ten dollars for each fish so caugth* or killed ; in default of payment of said fine the offender shall be committed to jail for not less than thirty days, and at the rate of one day for every dollar of the judgment where the same exceeds thirty dollars. § 5. This act shall take effect immediately. Chap. 456. AN ACT enlarging the powers of clerks to surrogates' courts. Passed May 12, 1874 ; three-fifths bein^ present T?ie People of the State of New To9% represented in Senate and Assembly f do enact asfoUows: sniro. Section 1. The clerk to any surrogate or surrogate's court in this cferi? may State, appointed according to law, shall, in addition to the powers now ^e *»• possessed by such clerk, have power and authority to take and certify know-'*^ affidavits, oaths and acknowledgments to any petition, bond, inventory m^ntsAo. ^^ other paper or instrument, authorized or required to be used, made "' or filed in any matter, case or proceeding in any surrogate's court, or before any surrogate of, or to which he is clerk ; to administer oaths and afifirmations in any and all matters, cases and proceedings which shall or may be pending or institut>ed before said surrogate or surro- when ho gate's court ; and in the absence of the surrogate, or in case of his sick- journ^iHiV ^^^'^ ^^ inability to perform the duties appertaining to said court, to proceed- adjourn any matter, case, hearing or proceeding which may or shall be iSfffsur- pending before such surrogate or before or in said surrogate's court, to "*S?'* some convenient time, but said clerk shall not adjourn any such matter, case, hearing or proceeding more than thirty days at any one time. § 2. This act shall take effect immediately. Chap. 4:57. AN ACT to authorize the Westchester Villa Company to increase its capital stock. Passed May 12, 1874. The People of the State cf New Tork^ represented in Senate and AssemUp, do enact a^ follows : Increase Seotiok 1. The Westchester Villa Oompany, a corporation organized fltook^'^* on the sixth day of March, eighteen hundred and seventy-four, under ^^ An act to authorize the formation of corporations for the erection of buildings," passed April fifth, eighteen hundred and fifty-three, and the acts amendatory thereof, is hereby authorized to increase its capital stock, from time to time, to an amount not exceeding four millions of dollars on filing with the clerk of the city and county of New York, and also in the office of the Secretary of State, a certificate of such increase, signed by their president and a majority of the trustees. § 2. This act shall take effect immediately. * So in ori)(iiial. Chap. 459.] NINETT-SEVENTH SESSION. 603 Chap. 458. AN ACT relating to the police justice in the village of Charlotte, county of Monroe. Passed May 12, 1874; three-fifths being present. The People of the State of New Torky represented in Senate and AssenMyy do enact asfoUowe : Segtiok 1. The official acts of the police justice of the village of official Charlotte since the charter election in said Tillage, in the year eighteen JSJejnsJfc, hundred and seventy-four, are hereby legalized and confirmed, and shall legaUsed. be deemed of full force and validity. § 2. The police justice for said village, elected on the seventh day of Poiicejiu April, eighteen hundred and seventy-three, for the term of four years, SnaeS'in is hereby continued and confirmed as such police justice for and until office, the expiration of the full term of four years, for which he was elected. § 3. This act shall take effect imme^iiately. o- C6 Chap. 459. AN ACT to authorize the Grand Trunk Railway Company of Canada to purchase and hold real estate in the city of Buffalo. Passed May 12, 1874; three-fifths being present The People of the State of New Torky represented in Senate and Assembly f do enact as fdUavos : Section 1. The Grand Trunk Bailway of Canada,* having, under the statutes of the Dominion of Canada, undertaken the working and operating of the Buffalo and Lake Huron Bailroad Company, which last-named compatny, by chapter three hundred sixty of the laws of the State of New York of the year eighteen hundred and fifty-seven, was anthorized to purchase and hold real estate in the city of Buffalo, and to acquire title to the same, and the Grand Trunk Bailway Company* bein^ desirous of availing itself of the rights, substantially, as so con- ferr^ upon said Buffalo and Lake Huron Bailway Company, and so as to be enabled to hold lands for depot grounds and freight yards, wes- terly of Erie, Niagara and Tonawanda streets, and between Niagara and Tonawanda streets in the city of Buffalo. The said Grand Trunk Grand Bailway Company of Canada is hereby authorized to take by gift, grant, ^i^ay purchase or aemise, and to hold all such lands in the city of Buffalo, Company ^ring westerly of £rie and Niagara and Tonawanda streets, and between ^^/hoi(f Niagara and Tonawanda streets, as may be necessary for the purpose of ^*^d- BQch depot grounds and freight vards. § 2. For the purpose of enabnng said Grand Tr^nk Bailway Com- sections pany of Canada to acquire title to lands for such depot grounds and Jf JlJo*^* yaras, the provisions of sections fourteen, fifteen, sixteen, seventeen, made ap. eighteen, nineteen, twenty, twenty-one and twentv-two, of the act^^®**^^®* entitled ''An act to authorize the formation of railway corporations, and to regulate the same," passed April second, eighteen hundl-ed and fifty, and the acts amending the same, are hereby made applicable to * So in original. 604: LAWS OF NEW YORK. [Chap. 461. Bestrio- tions. said company, subject to the restrictions contained in section four of chapter two hundred and eighty-two of the laws of eighteen hundred and fifty-four. § 3. This act shall take effect immediately. Com- mence- ment of Jury year. Exemp- tion from Jury ser- vice. Oompen- eation. LimiU- tion ex- tended. Chap. 460. AN ACT to amend an act entitled " An act in relation to jurors in th^ city and county of New York," passed May second, eighteen hundred and seventy. Passed May 13, 1874; three-fifths being present TJie People of ike State of New York, represented in /Senate and Asse^nblpf do enact aefoUowa : Section 1. Section two of an act entitled " An act in relation to jur- ors in the city and county of New York," passed May second, eighteen hundred and seventy, is hereby amended so as to read as follows: § 2. Each jury year shall commence on the first day of October, and every person actually serving as a iuror in any court of record within the city of New York twelve days within any jury yeur, who shall have been discharged by the court, shall be exempt from any jury service there- after during said year, and, when such service shall have been performed, the commissioner of jurors may deliver a certificate of the fact to each person entitled thereto. No person shall serve as a juror in courts of record at more than two terms in any jury year. Every juror shall receive for each day of actual attendance and service in the court of general sessions of the peace, or in the court of oyer and terminer, the sum of two dollars, to be paid to him by the county treasurer, upon a certificate of his attendance and service by the clerk and an order of the court for his payment; and in other courts of record each juror shall receive for each case in which he shall be impaneled one dollar, if the case be tried, and fifty cents if an inquest be taken, such fee to be paid by the clerk of the court, and to be collected by him before the verdict shall be entered. § 2. This act shall take effect immediately. Chap. 461. AN ACT in relation to the Croton Aqueduct in the city of New York. Passed May 13, 1874.* The People of the State of New Tork^ represented in Senate and Assembly J do enact asfoUavos : Section 1. The limitation contained in chapter two hundred and thirty of the laws of eighteen hundred and seventy and of chapter eight hundred and seventy-two of the laws of eighteen nundred ana seventy- two, are hereby extended for one year in relation to the oonstruction and completion of the work therem provided for. § 2. This act shall take effect immediately. • Certified by the preeidlng officer of the Senate ae haying passed the Senate, " three-filths being present" Chap. 463.] NINETY-SEVENTH SESSION. 605 Chap. 462. AN ACT to authorize a tax of seven thirty-seconds of a mill per dollar of valuation for the payment of the awards of the Canal Appraisers and of the Canal Board, and to pay certain certificates of indebtedness on interest now outstanding. Passed May 13, 1874 ; three-fifths being present The People of the State of New Torky represented in Senate and Assembly^ do enact aefoOmoe : Section' 1. There shall be imposed for the fiscal year, beginning on sute tax the first day of October, one thousand eight hundred and seventy-ioar, thirty-Beo- a State tax of seven thirty-seconds of a mill on each dollar of the valua- ondg of s tion of the real and personal property in this State subject to taxation, " ** which tax shall be assessed, levied and collected by the annual assess- ment and collection of taxes for that year in the manner prescribed by law, and shall be paid by the several county treasurers into the treasury of this State, to be held bj the State Treasurer for appropriation to the purposes designated in this act. For the payment of the awards of the Canal Appraisers for the year For pay- one thousand, eight hundred and seventy-three, and on interest now SJanSfof outstanding, one hundred and seventy-nine thousand one hundred and ®5^*P" two dollars and forty-eight cents. ^ "* For the p^ment of the awards made by the Canal Board between the Awards first day of January, eighteen hundred and seventy-three, and the first Som-S*^ day of April, eighteen hundred and seventy-four, in favor of Pratt and Company, Jeremiah Flood, Richard CliflTord, George M. Case, assignee, Amariah Holbrook, Samuel B. Welles, administrator, W. D. Calhster, assignee, Samuel Donaldson, and Charles P. Skinner and Edward Williams or their assignee, and Peter Dunn, and the interest to accrue thereon, the sum of one hundred and eighty-eight thousand and thirty- one dollars and three cents. For the payment of the amount of certificates on interest now out- interest standing, issued during the year one thousand eight hundred and SSteS!^*' seventy-three, for work done on the Champlain canal in excess of any appropriation therefor, eighty-eight thousand seven hundred and sixty- eight dollars and fifteen cents. g 2. This act shall take effect immediately. Chap. 463. AN ACT to provide for the maintenance of prisoners sent to the Monroe county penitentiary from the several towns and the city of Rochester in the county of Monroe. Passed May 18, 1874; three-fifths being present. The People of the State of New Tork^ represented in Senate and Assembly y do enact as foUoios : Section 1. All expenses incurred by the city of Bochester or anjr of Expenses, the towns in the county of Monroe, for the arrest, trial and conviction borne, 606 LAWS OF NEW YORK. [Chap. 464. of any prisoner, by any police justice or justice of the peace in said county, including the board and clothing of said prisoner while under sentence';at the Monroe county penitentiary, shall be borne and paid by the town or city where such trial and conviction shall be had. Fines.! § 2. All fines imposed and received by any ma^strate or police jus- tice in the county of Monroe, and all fines received by the superin- tendent of the Monroe county penitentiary, shall belong to the poor fund and shall be used for the support of the poor in such town or city respectively, where such trial and conviction shall be had. Books 04 § 3. The superintendent of the Monroe county penitentiary shall, as entries to <3oon as this act shall take effect, cause proper books of account to be th ^^^ opened with the city of Rochester, and the several towns in said county of Monroe, in which shall be entered the name and residence of all per- sons convicted and sent to the said penitentiary from said county, and all expenses for said prisoner while under sentence at said penitentiarv shall be charged to the city of Rochester or the town from which such person shall be sent Annnai § 4. The Superintendent of said penitentiary shall report annually to snpcrin-^ the board of supervisors of said county, and within ten days from the tendent, first day*s session of said board, and shall present a detailed statement to said board, giving the name of each person confined in said peniten- tiary, and the penod of the confinement, showing the indebtedness to said penitentiarv of the city of Rochester and the several towns in the county separately, and the balance due from such city or town respec- Boardof tively ; and the board of supervisors of said county shall assess such ors to asl halauce on the taxable property of the city of Rochester or the town^ BOSS bai from which such balance shall be due as will be sufiScient to pay all *^^* such indebtedness to said penitentiary. Amoantto § 5. The amount so assessed on the city, and the several towns in the ©oim^ ^ county, shall, when collected, be paid to the county treasurer and treasurer, credited to the penitentiary fund. Bepeai. § 6. All acts and parts of acts, heretofore passed inconsistent with the provisions of this act are to that extent hereby repealed. § 7. This act shall take effect on the first day of March next Chap. 464. AN ACT to amend an act entitled "An act to provide for the support and care of State paupers," passed June seventh, eighteen hundred and seventy-three. Passed May 18, 1874 ; three-fifths being present The People of the State of New Tork^ represettted in Senate and Assembly^ do enact aeftXUnoe : Sbotion 1. Section two of the act entitled *'An act to provide for the support and care of State paupers," passed June seventh, eighteen hundred and seventy-three, is hereby amended so as to read as follows : sute § %. The State board of charities is hereby authorized, from time to oharitiM ^^^^ on behalf of the State, to contract, for such time and on such toconr terms as it may deem proper, with the authorities of not more than ^ fifteen counties or cities of this State, for the reception and support, in t^e poor-houses or other suitable buildings of such counties or cities respectivelvy of such paupers as may be committed to such poor-houses, as providea hj tl^is ^t, fl^ s^ bo^rd may establish rules and regu- Chap. 465.] NINETY-SEVENTH SESSION. 607 lations for the discipline, employment, treatment and care of such Rnies and paupers and for their discharge. Every such contract shall be in writ- tSSs*' ing, and be filed in the office of the said board. The poor-houses or other buildings so contracted for with the authorities of any county or city, while used for the purposes herein mentioned, shall be appro- priately designated by the said board and shall be known as State alms- Iiouses. The said board may from time to time direct the transfer of Transfer any such paupers from one alms-house to another, and may give notice ^w?*"^' from time to time to counties to which alms-houses they shall send paupers. § 2. The fifteenth section of the said act, passed June seventh, eighteen hundred and seventy-three is amended by adding thereto as follows : And also for clerk hire, and the compensation of an assistant aerkhixo. secretary for said board to be certified and allowed in like manner. The assistant secretary shall discharge such duties as the board may Assistant designate, and in case of a vacancy in the office of secretary of said hl^XtSi. board, or in his absence or illness, the duties of the office of secretary in the meantime raav be discharged by such assistant secretary. § 3. This act shalf take eifect immeaiately. Chap. 4=65. AN ACT providing for the purchase of a site for, and the erection of, a town hall, in the town of Flatbush, in the county of Kings, Passed May 18, 1874; three-fifths being present 2%e People of the State of New York, represented in Senate aiMl Assembly, do enact as foUoios : Secttiok 1. The board of improvement of the town of Flatbush in Board of Kings county, composed and organized under chapter five hundred and J{Ji^*t*may sixty-seven of the laws of eighteen hundred and seventy-one, is hereby borrow authorized and empowered to borrow in the name and on the credit and ™**'*®y- faith of the said town a sum not exceeding fortj thousand dollars, pay- able within thirty years from the passage of this act, with interest as hereinafter provided, in successive annual installments of such sums, and at such times as such board shall deem expedient. The said board certiii. shall issue to the lender or lenders thereof a certificate or certificates of ^jebud- indebtedness in the name of the said town, signed bj the members com- neas. posing the said board, or by a majority of them, which shall contain an acknowledgment of indebtedness for the sum or sums borrowed, and an agreement to repay the same, with interest, at such rate, not exceeding seven per cent, per annum, and payable at such time as may be agreed on. § 2, The said board shall, with the money so borrowea, for and on AppUca- behalf and in the name of the said town, purchase and acquire title to a mo™***® site therein for the erection of a town hall, and shall also, after such borrowed, title has been obtained, erect and build on such site a town hall with snch material and of such style and description, and with such rooms, fixtures and accommodations therein as it shall deem suitable and proper Lockap. for the use of the said town. The said hall shall contain a place or lock- up, to be used for the temporary detention and confinement of persons arrested or committed in the cases provided for in and by chapter five hundred and thirteen of the laws of eighteen hundred and seventy-two, aud for the^objects specified in the said act. 608 LAWS OF NEW YORK. [Chap. 466. statement § 3. The Said board shall file in the office of the town clerk of the bonlowed* ^^^ ^^^^ * Statement signed by its members, or by a majority of them, Ao. ' of the aggregate amount so borrowed, and of the sums which shall fall due from time to time on the certificates issued therefor, as above pro- Cortiiicate Yided, for principal and interest, and the town clerk shall in each year oferir* thereafter, until such indebtedness is fully paid, deliver to the board of supervisors of Kings countv, on the day of its annual meeting, or pre- vious thereto, a certificate snowing the amount then payable, and that may becomQ payable, for or on account of principal and interest, or either of them, on such certificates of indebtedness during the ensuing Tax. Year ; and the said board of supervisors shall cause the said amoant to DC assessed and levied on the taxable real and personal estate in the said town, and to be collected with the other taxes assessed, levied and col- lectable therein, and shall in and by the warrant of collection delivei'ed to the collector of the said town, direct him to pay the said amount out of the first moneys collected by him, to the county treasurer of the Payment, county of Kings, who shall apply the same to the payment of the prin- cipal and interest so payable, or to become payable, as aforesaid, during the year mentioned in the said certificate of the town clerk on the cer- tificates of indebtedness issued under the preceding provisions of this act, to be produced to the said treasurer. Yearly ao- § 4. The Said board of improvement shall render an account to the be"reiidSr. auditors of town accounts yearly until the whole amount that shall be ed. borrowed by it under this act is paid, of the amount so borrowed and of the disposition thereof. ^xoesB, § 5. If any portion of the money so borrowed shall not be required howappii- ^QY ^jj^ purposes aforesaid, the excess shall be paid over to the supervi- sor of the said town, to be applied by him to the insurance of the town kll and the expenses of keeping the same in repair and in proper con- non for use. § 6. This act shall take effect immediately. hal ^ shall at no time exceed one from each company. *** § 5. This act shall take effect immediately. • So in original. 610 LAWS OF NEW YORK. [Chap. 467. Chap. 4=37, AN ACT to amend an act entitled An act to incorporate the village of Port Richmond, in the county of Rich- mond, passed April twenty-fourth, eighteen hundred and sixty-six, and the act amendatory thereof, passed April twenty-fifth, eighteen hundred and sixty-seven. Passed May 18, 1874; three-fifths being present The People of the State of New Torky represented in /Senate and Assembly^ do enact asfdilowa: Section 1. Subdivision thirteen of section twenty-eight of an act entitled An act to incorporate the village of Port Kichmond, in the county of Bichmond, passed April twenty-fourth, eighteen hundred and sixty-six, as amended April twenty-fifth, eighteen hundred and sixty- seven, is hereby amendea so as to read as follows : Chief of 13. To appoint one of their number a chief of the fire department in partment ^^^^ village, and also to appoint as assistants to the said chief the fore- and assist- men of tlie several fire companies in said village ; and it shall be the appoini^ duty of all firemen and fire companies to attend at all fires in said vil- ea. lage with their fire engines and other fire apparatus, and at all such Control at fires Said chief, if he shall be present, or said assistants in the absence ^®"' of such chief, according to the priority of their appointments, shall have the full control, command and direction of all fire companies, engines and apparatus which may attend at any such fire, and such fire companies, and the officers and members thereof, shall obey all lawful oilers, commands and directions of such chief, or the assistant who may Disobedi- be in Command at such fires, and any neglect of the duties hei-eby HSuiSt^' enjoined, and any failure to obey the ordei*s, commands and directions herein mentioned, shall subject the ofiender to a penalty of five dollars for each offense, to be sued for before any iustice of the peace in said village, in the name of the village, &nd sucn penalty shall be paid to Trnstess the treasurer of the village. Tne said trustees shall have power to mine**'" determine and shall determine by the vote of a majority of all the trus- amonnt to tees, at a meeting to be held in each year prior to the apportionment of by tox!**^ the annual tax, the amount to be raised by tax upon the taxable prop- erty of said village, to be applied for the benefit of the fire companies in said village during the then ensuing fiscal year, which sum shall be in addition to all sums which said trustees are now authorized or required to raise by tax ; and an v restrictions contained in any other part of the act hereby amended shall not be deemed to limit or prohibit the raising sametobe of the money hereby required to be raised; and having so determined, cx)Uecte3** ^^^ trustees shall cause such sum to be apportioned and collected in ^ ' the same manner and at the same time as other taxes in said village, Limita. but said trustees shall not cause to be apportioned or collected for the *mo**^t purposes herein mentioned any greater sum than the sum of one thon- amoon ^^^j dollars in any one year, and the moneys to be collected, as above How ex- provided, shall be expended by the said trustees in the purchase of such pended. ^qsc and other fire apparatus for the use of the several fire companies in said village, in the discretion of the said trustees, according to the necessities of said several companies. g 2. This act shall take effect immediately. CiHAP. 469.] NINETY-SEVENTH SESSION. 611 Chap. 468. AN ACT to extend and continue and amend the act entitled "An act to create a special highway district in the town of Elizabethtown, Essex county," passed May twelfth, eighteen hundred and sixty-nine. Passed May 18, 1874; three-fifths being present. The People of the State of New Torky represented in Senate and Assembly y do enact a^ follows : SEcnoK 1. The act entitled ''An act to create a special highway dis- Foimer trict in the town of Elizabethtown, Essex county/' passed May twelfth, J^Jlod eighteen hundred and sixty-nine, is hereby continued, and the period of and con- its existence extended and continued until the first day of Marcn, in the '***°*^- year eighteen hundred and seventy-seven, until which day the provi- sions of said act shall be and remain in full force and effect, except that one trns- the legal voters of said district, at any election of trustees, may elect one JJIJaJfof trustee instead of three, in which case the trustee so elected shall have three, all the powers and perform all the duties heretofore given to and required Powen of three trustees by the act hereby amended. o? ?ru8^'*^' § 2. This act shall take effect immediately. tees. Chap. 469. AN ACT to amend the Revised Statutes relating to guardians and wards. Passed May 18, 1874. The People of the State of New York, represented in Senate and Assembly y do enact asfcXUnos : Section 1. The fourteenth section of the third title of the eighth chapter of the second part of the Eevised Statutes is hereby amended so as to read as follows: § 14. On the application of any ward, or of any relative in his behalf, onardian, or of the surety of a guardian, to the surrogate who appointed any ^g^ment'. guardian, or to the surrogate before whom any last will and testament ary maj ' containing an appointment of a guardian^ shall be or shall have been ^y ^smo- proved, complaining of the incompetency of such guardian or of his gatoto wasting the real or personal estate of his ward, or of any misconduct in SaSrewhy relation to his duties as guardian, the surrogate upon being satisfied by q^u ^l^^jj? proof of the probable truth of such complamt, shall issue a citation to moved. such guardian to appear before him at the day and place therein specified, to show cause why he should not be removed from his guard- ianship. § 2. This act shall take effect immediately. 613 LAWS OF NEW YORK. [Chap. 471. Chap. 4:70. AN ACT to amend section nine, title three, chapter six, part two of the Revised Statutes. Passed May 18, ^874; three- fifths being present. The People of the State of Neto Tork^T^preaented in Semxte and Assembly, do enact asfcttovys: Section 1. Section nine, title third, chapter six, part two of the Bevised Statutes is hereby amended so as to read as follows : Articles to § 9. Where a man having a family shall die, leaving a widow or a ed IvAn^' minor child or children, the following articles shall not be deemed ▼entorv, assets, but shall be included and stated in the inventory, of the estate, appraisod. without being appraised : Ennmer- 1. All Spinning- wheels, weaving-looms, one knitting machine, one ation. sewing-machine, and stoves put up or kept for use by his family. Same. 2. The family bible, family pictures, and school-books, used by or in the family of such deceased person, and books not exceeding in value fifty dollars, which were kept and used as part of the family library before the decease of such person. Same. 3. All sheep to the number of ten, with their fleeces, and the yam and cloth manufactured from the same, one cow, two swine and the pork of such swine, and necessary food for such swine, sheep or cow for six'ty days, and all necessary provisions and fuel for such widow or child or children for sixty days, after the death of such deceased person. Same. 4. All necessary wearing apparel, beds, bedsteads and bedding, neces- sarv cooking utensils, the clothing of the family, the clothes of the widow and her ornaments proper for her station ; one table, six chairs, twelve knives and forks, twelve plates, twelve tea-cups and saucers, one sugar dish, one milk pot, one tea-pot and twelve spoons, and also other household furniture which shall not exceed one hundred and fifty dollars in value. § 2. This act shall take effect immediately. Chap. 471- AN ACT to amend section twenty-eight of article two of title ten of chapter eight of part three of the Revised Statutes in relation to summary proceedings to recover the possession of land. Passed May 18, 1874. The People of the State of New Torky represented in Senate and Assembly , do encuit as follows: Sectio'n 1. Section twenty-eight of article two of title ten of chapter eight of part three of the Bevised Statutes is hereby amended by adding thereto the following subdivision : Summary 5. When any person shall hold over and continue in possession of Fng8,^crop. any real estate occupied or held by him under an agreement with the per may owner to occupy ana cultivate the same upon shares or for a share of ed by?°^' the crops, after the expiration of the time fixed in the agreement for such occupancy, without the permission of the other party to said agreement, his heirs or assigns. Chap. 473.] NINETY-SEVENTH SESSION. 613 Chap. 473. AN ACT supplementary to and amending section three chapter seven hundred and seventy-five, laws of eighteen hundred and seventy-three, being an act to authorize the town of Friendship, in the county of Allegany, to issue its bonds for the aid and benefit of Friendship Academy. Passed May 18, 1874; three-fifths being present The People of the State of New Torky represented in Senate and Assembly y do enact as foUotos : Section 1. Wherever the term " taxpayers " now occurs in section Term tax- three, chapter seven hundred and seventy-five, laws of eighteen hundred SSJS"^^" and seventy-three, it shall be construed to include any solvent corpora- tion, company or partnership assessed or taxed on said last assessment roll, and any such corporation, company or partnership may join in said Corpora- petition, and shall have all the rights and privileges of other taxpayers may' join' under said act as hereby amended. The time during which the super- [» petition visor of the said town of Friendship shall file with the Secretai^y of town? State the consent of the said town to the said act as therein provided, is Time for hereby extended to the first day of October in the year eighteen hun- JiJft^ex?*^" dred and seventy-five. tended. § 2. This act shall take effect immediately. Chap. 473. AN ACT to amend an act entitled "An act to incorporate the city of Rome," passed February twenty-third eigh- teen hundred and seventy. Passed May 18, 1874; three-fifths being present The People of the JS^ate of New York, represented in Senate and Assembly y do enxxd asfallaws: SBcnoiif 1. Section one of title seven of said act is hereby amended violation by adding thereto as follows : It shall be the duty of any police officer Sf^iSlso^ or constaole of said city, to apprehend any person who shall violate any duty of po- ordinance of said city now in force, or which may hereafter be in force, ^ anSet" and bring such person before the said recorder, who shall summarily for- examine into the matter. If the recorder shall find such person guilty of such yiolation, he may adjudge such person to pay a fine, which shall penalty. not exceed, in each case, the amount of penalty provided in such ordi- nance for the yiolation thereof; and shall not exceed the suni of fifty dollars in any one case, besides costs, which shall not exceed fiw dollars in each case; and may commit such person to the jail in said city until such fine and costs be paid, but for not more than thirty days in any one case. § 2. This act shall take effect immediately. LAWS OF NEW YORK [Chap. 475. Chap. 4=74r. AN ACT to amend an act entitled " An act for the incor- poration of villages," passed April twentieth, eighteen hundred and seventy, and the acts amendatory thereof, so far as the same relate to the village of Port Henry, in the county of Essex and State of New York. Passed May 18, 1874 ; three-fifths being present The People of the State of New Tork, represented in Senate and Assembly, do enact a^ follows : Section 1. Subdivision thirteen of section three of title three of chap- ter two hundred and ninety-one, of the laws of eighteen hundred and seventy, is hereby amended by adding thereto the following : Trastees "To enter and to authorize others to enter in the day time, whe^n it bnifdfn^ shall be necessary to do so, into any building in the said village in which Ac. * shall be a fire-place, chimney, store or stove-pipe, for the purpose of May make examining the condition of the same, and to make such regulations in ttoS^to regard thereto as a proper security against fires shall in their judgment prevent require; also, to prohibit the erection or construction of buildings, ^^' cornices, or roofs of wood or other material liable to fire, within or in the vicinity of the compact part of the village, to be specified by the board of trustees of said village, and to make such regulations in regard thereto as a proper security against fire shall in their judgment require." ■ Chap- 4r75. AN ACT for the relief of the Glendale and East River Railroad Company. Passed May 19, 1874. The People of tJie State of New Tork^ rq^esented in Senate and Assembly, do enact a^ follows: Weight of Section 1. The Glendale and East Eiver Railroad Company, duly "*^- organized under and pursuant to chapter one hundred and forty, of the laws of eighteen hundred and fifty, and the several acts amendatory of the same having filed its articles of association, designating the route of its proposed road, is hereby permitted, authorized and empowered to lay down rails thereon, of less weight than the law prescribes, but not less than forty pounds to the lineal yard, and to construct, maintain, oper- ate and use the same. § 2. This act shall take effect immediately. Chap. 477.] NINETY-SEVENTH SESSION. 615 Chap. 4=76. AN ACT in relation to the assessment for repaying Taylor street, from Kent avenue to Wallabout basin, in the city of Brooklyn. Passed May 19, 1874; three-fifths being present. Tfi£ People of the State of New York, represented ed* Senate and Assembly^ do enact as foUotos : Section 1. The common council of the city of Brooklyn are author- Assess- ized to declare the assessment for the repaying of Taylor street, from repairing Kent avenue to the Wallabout basin, to be a part of the general expenses street of the Wallabout improvement, and they may by resolution impose the SSJposed same upon the city at large; such parts of said assessment as have not |Jg**.'^^J**® been paid shall be canceled, and such parts as have been paid shall be large, refunded by the proper oflBcers, with interest, and any expenses of enforced collection to the parties who have paid the same, or their legal representatives. § 2. This act shall take effect immediately. Chap. 477. AN ACT to amend an act entitled "An act for the improvement of First street and Franklin street in the city of Brooklyn," passed May twenty-first, eighteen hundred and seventy-two, and to improve Kent avenue. Passed May 19, 1874; three-fifths being present. Tfie People of the State of New Torky represented in SeruUe and Assembly y do enact as follows : Section 1. The first section of chapter eight hundred and eleven of the laws of eighteen hundred and seventy-two, entitled ^' An act for the improvement of First street and Franklin street in the city of Brook- lyn,'' is hereby amended so as to read as follows : § 1. The board of city works of the city of Brooklyn is hereby author- wideniog, i2€d and directed, without unnecessary delay, to widen, regrade and Kent^ave- repave the carriage-way in Kent avenue and JFirst street, from Division nae, and avenue to Bushwick creek, and repave Franklin street from Bushwick of?^°iJ^ creek to its termination at or near Newtown creek, said carriage-way to ^^J^^^^f* be widened between Division avenue and the south side of Grand street wd.^' * by taking from the easterly sidewalk of said street and avenue one-third, Mode. and from the westerly sidewalk thereof two-thirds of the amount of such sidewalks as shall be necessary to make said carriage-way of the uniform width of thirty-six feet ; and between the northerly^iide of Grand street and Bushwick creek by taking two feet from each side of said street, and such carriage-way, when so widened, shall be paved with the latest improved stone pavement and in such manner as said board may deem best for the interests of said avenue and streets and of the city. § 2. Section five of the said act is hereby repealed. Nothing in this g«P^*- act contained shall authorize any issue of bonds or incurring of indebt- debt*. *** * So iu original. 616 LAWS OF NEW YORK. [Chap. 478. edneea beyond the limit fixed by the act entitled '^ An act relative to local improvements in the city of Brooklyn, and to amend an act entitled ' An act to restrict the power of the city of Brooklyn to issue bonds or loan its credit for local improvements/ " passed May twelfth, eighteen hundred and seventy-three ; but, for the purposes of ascertain- ing such limitation, the improvements so authorized shall be deemed and held to have been authorized prior to the passage of the act last aforesaid. Proceed. ^ 3. The act first hereby amended shall be of full force and efiect ooffecttng except as so amended, and the powers so granted shall be fully exe- expensea. cutea by Said board of dty works without delay ; but all proceedings for the collecting of the expense of the improvements fix)m the district of assessment fixed by saia act shall be under the provisions of exist- ing laws. ^ 4. This act shall take efifect immediately. Chap. 4=78. AN ACT to require the Eighth Avenue Railroad Com- pany to extend its railroad route in the city of New York and to regulate the use and operation of the rail- road of said company. Passed May 19, 1814. The People of the State of Neto Tork^ represented in Senate and Assembly^ do enoM cw fcUowe : Railroad - SECTION 1. For the better accommodation of the public, the Eighth becxte^d. Avenue Railroad Company is hereby required as soon as practicable to ed. extend its existing railroad tracks from their present terminus in the Soate. Eighth avenue in the city of New York, through and along the said avenue northerly to the point where the street or road commonly called the Macombs Dam road intersects or meets the Eighth avenue, thence through and along the said Macombs Dam road, with double or single tracks, to the westerly end of the bridge known as the Macombs E^m bridge, with the necessary curves, connections, turnouts and switches for the proper working and accommodation of such extension in con- nection with said existing railroad so as to provide a continuoi^ rail- road from the intersection of Vesey street and Broadway and from the intersection of Canal street and Broadway in said city to the Harlem Bnnning river at Macombs Dam bridge aforesaid. When the said comx>any shall of oars. i^yQ completed the extension of its railroad as required by this act, it shall run its cars thereon as often as the public convenience may require, Fares. and for the transportation of each X)assenger upon its railroad route when so extended, it shall be lawful for said company to charge and receive the same &res now charged by it, for the conveyance of i)a8Benger8, and no mor^. Provisioiifl ^ 2. When the extension required by this act shall be completed and eria ralSu*^' P^^ ^^ Operation, said company shall use, maintain and operate its rail. road Mt road during the term for whidli said company was incorporated upon ^^? and along the several streets and avenues in the city of New York upon and over which its railroad is now in use and operation and upon and over such extension, subject only to the provisions of the general rail- road act of this State with its amendments, wliich shall be applicable to the railroad and extension hereby granted, except as herein provided. \ Chap. 479.] NINETY-SEVENTH SESSION. 617 ^ 3. All acts or parts of acts inoonsistent with the provifidons of this Bepoai. act are hereby repealed. ^ 4. This act shall take effect immediately. Chap. 4:79. AN ACT to authorize the construction and use of a rail- road in the city of Brooklyn and county of Kings, and the towns of Newtown and Jamaica in the county of Queens. Passed May 10, 1874 ; three-fifths being present. The People of the State of New York, repreaefited in Senate and Assembly, do enact as follows : Section 1. Loftis Wood, A. M. Suydam, Henry Eckert, Peter Wyckoff, Corporat. Pfeter M. Plexer, Walter G. Howey, Wm. G. Bishop, Thomas J. Betts, *^"- Alfred M. Green, Edward Conklin, August Busch, P. J. Fitzpatrick, E. H. Scofield, Adam Rudd, Charles Stafford, Samuel A. McKinley, Benjamin E. Hale, Daniel Bemrett, and their associates and assigns, are hereby created a body corporate by the name of the East !l£ooklyn corporate Railroad Company for the purpose of constructing a railroad in the '**™®- ooanties of Kings and Queens on the route or routes hereinafter object, specified. \ 2. The said oomi>any is hereby authorized and empowered to lay, construo- construct and operate a railroad for conveying i)er8on8 and property inroad by horse power along the following route or routes : Commencing at anthon- Grand and Little Water streets in the city of Brooklyn, and running *®^* thence through and along Little Wat-er street to First street ; thence Route, through and along First street to South Ninth street ; thence through and along JSouth Ninth street to Second street ; thence through and along Second street to Division avenue ; thence through and along Division avenue to Harrison avenue ; thence through and along Harri- son avenue to Flushing avenue ; thence through and along Delmonico Place to Hopkins street ; thence through and along Hopkins street to Yates avenue; thence through and along Yates avenue to Fulton avenue ; thence through and along Fulton avenue to Albany avenue ; thence through and along Albany avenue to Malburn street ; thence through and along Malburn street to Platbush avenue ; also from Hop- kins street and xsdes avenue across Broadway and through and along Yates Place to Flushing avenue ; thence through and along Flushing avenue to the city line ; thence along the old Newtown turnpike to Maspeth ; also, from the intersection of Flushing avenue and Central avenue through and along Central avenue to Cooper avenue ; thence through and along Cooper avenue to the Cypress Hill plank-road, and thence through and along the Cypress Hill plank-road to the Cypress ffill Cemetery ; return By same routes to the intersection of Division avenue and ^cond street ; thence through and along Second street to Grand street, and thence through and along Grand street to Little Water street. \ 3. The conditions and restrictions under which the said company condi. shall construct and operate their road shall be such as now ^vem rail- J^%^* roads in the city of Brooklyn, and as may from time to time be pre- tions. scribed by law, including the right to construct switches, turn-outs and 40 618 LAWS OF NEW YOEK. [Chap. 480. tnm-tableB, and the right to use the trackft, on compensation theTefor, Weight of of companies now existinfi;, and they may ose an iron rail of leas ^^^- weight than fifty-six pounds to the lineal ysurd. Capfud § 4 The capital stock of said company shall be two hundred thou- "^^^' sand dollars, to be divided into shares of (me hundred dollars each. The First di. first eleven x)6rsons named in the first section shall be directors for the rectors, f^^ year, and until others are chosen in their stead. Powers, & 5. The corporation hereby created shall have the general xx>wer8 jgvUeges, ^jjj privileges, and except as herein otherwise provided, shall be subject to the provisions and restrictions contained in the act entitled ''An act to authorize the formation of railroad oorporations, and to refi^late the same," passed April second, eighteen hundred and fifty. \ 6. This act shall take effect immediately. Chap. 480. AN ACT for the relief of certain hospitals and dispenses ries in the city of Brooklyn. Passed May 19, 1814 ; three-fifths being present The People of tfie State of New York, represented in Senate and Assembly f do enact asfdOxms : Stims to Section 1. The mayor and comptroller of the city of Brooklyn shall, ed InuSI^' ^^ ^^ before the first Monday of June, one thousand eiffht hundred and ibri87o. seventy.four, include in their statement in' writing of the several sums of money to be raised by tax for the year commencing on the first day of January, one thousand eight hundred and seventy-five, and the mayor, comptroller and board of aldermen shall include in their state- ments and estimates provided by title two, sections twenty-one and twenty-two, chapter ei^ht hundred and sixty-three of the laws of one thousand eight hundred and seventy-three, entitled '^ An act to amend the charter of the city of Brooklyn and the various amendments thereof For ^or the said year one thousand eight hundred and seventy-five, the sum HomcBo^ of four thousand dollars to be paid to the Brooklyn Homceopathic Hos- patbic ' pital, the sum of twenty-five hundred dollars to be paid to the Brook. L^n**^ tyn Homoeopathic Lying-in- Asylum, the sum of one thousand five hun- idy"am! ored dollars to be paid to the Atlantic Avenue Dispensary, the sum oi Dispensa. fifteen hundred dollars to be paid to the Southern Dispensary and rics* Hospital, and the sum of fifteen hundred dollars to be paid to the Brookij n Brooklyn Eastern District Homceopathic Dispensary, the sum of twenty. Nai-sey. flye hundred dollars to be paid to the Brooklyn Nursery, the sum of ten hundred dollars to be paid to the Yates avenue Homceopathic Dis- Eensary, which sums are to be raised for the year one thousand eight undred and seventy-five, at the same time and in the same manner with the general taxes of the year one thousand eight hundred and seventy-five, in addition to the sums provided in the twenty-third sec- tion of the second title of said act. ^ 2. This act shall take eflfect immediately. Chap. 481.] NINETYSEVENTH SESSION. 619 Chap. 481. AN ACT to incorporate the Brooklyn Guaranty and Indem- nity Company. Passed May 19, 1814 ; three-filfths being preeent The People of the State of New York^ represented in Senate and AaaemUy^ do enact asfoUowa : Sbction 1. Franklin Woodruff, Samuel McLean, George L. Nichols, Corpora- Andrew Cunningham, Frederick A. Schroeder, Nelson Sbaurman, Silas ^^ R Datcher, R. Cornell White, Benjamin F. Tracy, Ludovic Bennet, Lorin Palmer, Andrew J. Perry, Richard 8. Brown, Alfred Becar, Samuel Richards, Isaac L. Hewitt, Edward B. Fowler, John 8. Ward, John W. MiiBon, David C. Van Cott, William H. Swan, James N. Piper, Cornelias Meyer, Adam D. Wheelock, Charles E. Baughan, Albert Ammerman, Daniel D. Whitney, A. C. Washington, John H. Jurgens, M. J. Gaffney, Charles H. Fellows, John A. Bradv, J. Max Rudiger, Andrew R. Culver, Greorge M. Woodward and such other persons as may be hereafter associated with them and their successors, are hereby constituted a body corporate and politic, under the name of The corpoimte Brooklyn Guaranty and Indemnity Company, and by that name shall *'*°*®- have perpetual succession, and may sue and be sued in any court whatever. § 2. The business and the corporate powers of said corporation shall Board of be exercised by a board of thirteen directors, to be chosen as herein- ^*«ctow- after provided, who shall elect from their number a president, vice- To elect president and secretary, of which directors seven shall constitute a ^««i<*ent» quorum for the transaction of business. Said board shall have X)ower to Bylaws, make all such bv-laws, rules and regulations, not inconsistent with the ^' constitution and laws of this State, as they may deem necessary for the conduct of the aflhirs of said corporation and appoint and employ such Agents, agents and servants as the management of its business may require, and ^^■ designate their powers and duties and their terms of service and com- pensation, and may also establish branches and agencies for the transac- Branches tion of its business in Europe and elsewhere, and may deal in foreign ^ncies and domestic exchange. ^ 3. The first board of directors of said corporation shall consist, of pint di- such of the persons named in the first section of this act, not exceeding ""oc*®™- thirteen, as may be chosen by a majority of all of such persons, at a meeting called for that purpose, and to be held within thirty days after the passage of this act, upon notice to each one of such persons, signed by a majority thereof ; and in case, at said meeting, so many of such vacan- persons named in said first section shall refuse to serve, as to reduce the °*®»- number chosen and willing to serve below thirteen, then those actually chosen at such meeting may, at any time previous to the commencement of bufflness authorized by this act, fill such vacancies. The term of Term of oflSce of such first board shall bft not less than one nor more than three ®''^^- years from the organization of said corporation, and shall be prescribed by the by-laws, and such by-laws shall also prescribe the term of office of snbs^uent boards of directors vrithin such limits, and may also daiasify the board into various terms ; and the board shall have the power to fill all vacandes in its number. § 4. The said corporation shall be deemed to be organized by the orgahisa- election of a president, vice-president and secretary, by said first board ^^''* (rf directors, nom their own number. 620 LAWS OF NEW YORK. [Chap. 481. Commis- ^ 5. Franklin Woodruff, Samuel McLean, Andrew Cunningham, ?«cS^*^ Frederick A Schroeder, Andrew J. Perry and Ludovic Bennet shall be sabsorip- and they hereby are appointed commissioners to open books for sub- ^^' scription to the capital stock of said corporation, at such time after the organization thereof, and at such place, as they or a majority of them shall deem proper, and for such amounts as, in their judgment, the business of the corporation may require, but for no less amount than the sum of one hundred thousand dollars. Capital ^ 6. The capital stock of said corporation shall be five hundred thou- ^^^^' sand dollars, divided into shares of one hundred dollars each. When wheneor- two hundred and fifty thousand dollars shall have been actually sub. maypro- Scribed, and one hundred thousand dollars paid in, in cash, the said cor. b^fn^ poration may proceed to business under this act ; said capital stock may ^^^ ' be inoreased from time to time, as the said corx>oration may deem best Payment ^ 1. Each Subscriber shall j»j, at the time of subscription, ten per Bcriptions. ceiitum of the amount of shares for which he subscribes, and the ImJ- ance of said amount shall be paid, in installments, at such times and in Prefer, such amounts as the directors may provide. In cases where subscrip- subsorip. tion books are opened for an increase of said capital stock, as above tion sbr provided, the holders of the capital stock, at the time when such books stookf*^ Are ox)ened, shall have the preference to subscribe for and take such new stock to such extent and in such manner as the board of directors may determine, subject, however, to the rights of the founders of said our- I)oration to subscribe for and take any part not to exceed one-fourth of such increase. Corporate &8. The corporation hereby created shall have the general powers powei-s. ^^^ privileges, and be subject to the liabilities mentioned and declared in title three of chapter eighteen of part first of the Revised Statutes, and, in addition, shall have power k> guaranty the payment, punctual performance and collection of promissory notes, bills of exchiange, for- eign or domestic claims, accounts, evidences of debt, bonds, mortgages, rents, annuities, choses in action, certificates of property, or value policies of insurance, and the titles to property, real or personal, upon such t^rms as may be established by the board of directors of said cor. poration ; to take the management, custody and charge of real or pear* sonal estate and property, and trust estates, and to advance or loan moneys, securities or creaits, upon any real or personal property situ- ated within the United States, or upon the hypothecation of such prop- erty, or upon the hypothecation of bonds and mortgages on such prop. erty, on such terms as may be established by the botud of directors ot said corporation for any period of ci'edit, and repayable by way of Bateeof annuity or otherwise, provided, however, that in case of loans no rates Interest, ^j interest shall exceed lawful interest. individoai ^ 0. The stockholders of said corporation shall be individually liable Btockhoia^ for the debts and contracts of the corporation to an amount equal to the .e»- amount of stock held by them respectively. Such liabilities shall not be enforced until judgment has been obtained and execution thereon has been issued and returned unsatisfied against said corporation. secaritiee ^ 10. Before the said corporation shall exercise the power in and by 8u!ed^w?th ^^^ ^^ granted to take the management, custody and chai^ of real the snpor- or persoual estate and property ana trust estates as trustees for and is ofuie^"^ respect to the same, saia company shall assign and transfer, to tbe depart'^ Superintendent of the Banking Department, bonds and morteages oa ment. Unincumbered real estate within the State of New York, wortn double the amount secured thereby, or shall transfer and assign to the said Superintendent public stocKs of the United States, or ot the State of Chap. 481.] NINETT^EVENTH SESSION. 621 New York, or of any incorporated dty of this State, authorized by the L^^islafciire, to the amount of at least twice the estimated value of the income of any such real estate and twice the amount of the value of any such personal estate and property, to be estimated by the Super- intendent of the Banking Department ; and the said Superintendent may require the amount of such securities so assigned and transferred to him to be increased from time to time, in his reasonable discretion, and the said corporation shall thereupon assign and transfer to said Superintendent like bonds and mortgages, or stocks aforesaid, which shall be held by the said Superintendent of the Banking Department in trust, as security for the faithful performance by said corporation of any and every engagement, contract or undertaking, by or on the part or behalf of said corporation as such trustee as aforesaid, and which bonds and mortgages or stock shall be subject to the sale and disposal of the said Superintendent of the Banking Department upon the order of the Supreme Court, and upon the assignment of the said bonds and mortgages and stock, the said Superintendent of the Banking Depart- ment shall issue to the said corporation a certificate of such fact, upon the receipt of which the said corporation may commence such business ; and an equal amount in value, to be determined by said Superintend- ent, of such stocks, and bonds and mortgages, shall, at all times during the continuance of such business by said corporation, remain in the possession of said Superintendent of said Banking Department. Until ot.herwi8e ordered by the Supreme Court, the Superintendent of the Banking Department shall pay over to the said corporation the interest which shall be received on the securities assigned to him by the said corporation, or he may authorize the said corporation to collect the same for its own benefit. ^ 11. The board of directors of said corporation shall exhibit annually Annnai to the Superintendent of the Banking Department of this State, on JfiJ^M.' such day as he shall appoint, a full statement of its afiOstirs in such a form and verified in such a manner as he shall direct. The Superin- investiga- tendent of the Banking Department, should it be deemed proper, may ^*^»^ **»«"* refer such statement to a referee, with directions to make a full and thorough investigation into the affairs and management of the corpo- ration, and to report his opinion in relation to the ability and integrity with which its afiiurs are conducted, the prudence and safety of its investments, the security afforded to those by whom its engagements are held, and the advantages derived by the public from its operation. The expenses of every bu(3l investigation so made shall be defrayed Expenses hy the corporation, in such sum as the said Superintendent of the Bajik. *^*'*^®°^' iu^ Department shall certify to be reasonable and just. 1^ 12. Upon the exhibition of any such annual statement, or upon the snperin- ooming in of a referee's rejwrt thereon, the Superintendent of the iSSy ^f Banking Department may recommend to the board of directors such commend alterations and amendments in the regulations and b^-laws of the m'ente!' corporation as he shall deem to be required for the public good and a J^^'-^^^'^y just regard to the security of its creditors. If any recommendation so *^*" made by the said Superintendent of the Banking Department shall be neglected, or without just cause disregarded by the board of directors, he shall make a full communication of the facts to the Legislature at the first session thereafter. 4 13. A copy of every statement so made, and of every report of a Trans- referee thereon, shall be transmitted to the Sui)erintendent of the JJ^rt^Ac! Bankiiu; DexMirtment by the president of the corporation, in thirty days alter it shall have been made or received. 633 LAWS OF NEW YORK [Chap. 481. To whom loans maybe maue. Security for loana. When and how cor- poration may re- deem Its bonds. Notice. Loan of money on {>lodfre of ts own bonds. Divi- dends. Disposi- tion of ex- cess. Special Ibnnders' scrip. Power to take and hold real estate. ReoeiptSi certifi- cates, eon* tracts, Ac. ^ 14. The loans on mortga^ or hypothecation authorized by this act, may be made to individuals, corporations, associations, States, cities^ provinces, towns or other municipal bodies authorized thereto. ^15. No loan shall be made by the corporation on mortgage or by hypothecation of real estate, to more than two-thirds of the estimated value thereof if the same be improved property, nor to more than half the estimated value thereof, if the same" consists of fjEirms or vacant lands. ^ 16. If at any time, by reason of payments made on loans of tbe oor. poration or for any other cause, the amount owing to it on mortgage or hypothecation of real estate shall be less than the amount of its bonds outstanding, said corporation shall call in and redeem at par so mudi of its bonds as may be necessary to equalize such amounts ; and for this purpose the company may cause bon<^ to be selected by lot, drawn or cast by a disinterested person or persons appoint.ed by the corporation. Notice of the lot so drawn, designating the particular bonds to be redeemed, shall be given by advertising m adauy newspaper published in the city of New York, and another &ily newspaper published in the city of Brooklyn, at least thirty days next previous to the time of redemption to be ther^n specified, at which time the corporation shall pay such designated bonds, and the interest accrued thereon, at par on the surrender thereof. ^ 11. When bonds issued by the corporation shall be held by other I)arties, it shall be lawful for the corporation to loan money on the pledge thereof, or to undertake the sale or pledging thereof for the holders, for such compensation as may be agreed upon, or to purchase such bondk \ 18. Dividends of net profits of the corporation to an amount not greater than ten per cent, per annum on the amount of its capital stock, may be made to the stockholders in proportion to the sums paid in on their respective shares ; and if in any year the said net profits shall exceed such ten per cent., then one-tenth of such excess shall be applied to the formation of a reserved fund until such reserved fund shall become equal to one-tenth part of the paid-in capital of the corporation ; and of the remaining nine-tenths, three-fourths diall be divided among the shareholders in proportion to the amounts paid in on their teepee tive shares, and the other one-fourth shall belong to the founders, who shall be entitled to dividends thereon ratably with etock to like amounts. A special founders' scrip shall be created to represent the rights of founders. 8uch scrip shall be issued to the founders, and the same shall be transferable on the books of the corporation like stock, and the rights of the founders shall follow the same, and shall be exer- cised only by parties in whose name such scrip shall stand on the books of the corporation. The founders shall be the persons selected or des- ignated as such by a vote of the stockholders, passed at their first meet- ing after the organization of the corporation, as hereinbefore provided. % 19. It shall be lawful for said corporation to lease, purchase and hold such real estate as may be necessary to carry on its business, also such real estate as it may acquire in the enforcement or settlement of any claim or demand arising out of its business transactions, but all such real estate so acquired shall be sold within five years thereafter, unless the superintendent of the Banking Department shall permit other- wise, and the said corporation is hereby • authorized to make, execute and issue, in the transaction of its business, all necessary receipts, cer- tificates, contracts and instruments, which receipts, certificates, contracts or instrmnents shall bear the impress or stamp of the seal of Ute oor* CHAP.482.J NINETY-SEVENTH SESSION. 633 poratian, and shall be signed by the president and oonnteisigiied by the secretary or treasurer thereofl ^ 20. The stookholders of said corporation shall, by ballot, el^ all Directors, directors of the same, to be diosen for terms subsequent to the term of ^^ ^^^' oAce of said first board except to fill yaoandes, which election shall be otherwise provided for by the by-laws of said corporation and at such election or at any meeting of stockholders each share of stock shall be entitled to one vote, and the by-laws shall prescribe the mode of asoer- I taining for the purpose of any election or ballot the names of persons I entitled to vote at such election. ^ 21. The stock of said corporation shall be trannfeiable only on the books of said corporation. 1 22. This act shall take effect immediately. Chap. 482- AN ACT to amend the charter of the city of Rochester, and to extend its boundaries. Passed May 19, 1814 ; three-fifths being present. The People of the State of New Tork^ represented in Senate and A^enMy^ do enact aefoQ^iDB : Sbction 1. An act entitled ^^ An act to amend and consolidate the several acts in relation to the charter of the city of Rochester," i)a6sed April eight, eighteen hundred and sixty-one, as heretc^ore amended, is herein designated as the charter of the said city. ^ 2. Section two of the said charter is hereby amended so as to read as follows : § 2. The boundaries of the said dtv shall be as follows : Beginning at city a point in the present town of Ironaequoit at a point in the middle of ^^^ tiie ridge road, eight chains and seventy-five links distant from the top of the east bank of the Gtenesee nver ; thence south fifteen minutes east to the south line of the highway known as Norton street ; thence easterly along the south line of said highway to the westerly line of the highway ninning tluough the northeasterly corner of lot number forty-eight in md town ; thence southeasterly along the westerly line of said high- way to the south line of lot number fifty in said town, where the same intersects the west line of the highway commonly called the Schenck or Culver road ; thence southerly along the west line of said liighway and in said line produced to the north line of lot numbw forty-five in the town of Brighton ; thence westerly on the north line of lot number for. ty.five, and in said line produced to the east line of lot number sixty, one ; theoce southerly along the east line of said lot to the intersection thereof with tiie south line of the pinnacle road ; thence westerly along Ae south line of said road to the highway known as South avenue ; liienoe southerly along the east line of said avenue to the south line of lot number twenty-three in the town o( Brighton ; thence westerly on a line in continuation of the south line of said lot number twenty-three, produced to the west bank of the Genesee river ; thence northerly along the west bank of said river to the south line of the tovm oi Gates, thence westerly along the south line of the town of Gates to a point on the floath Hue of lot forty-six in said town, whic^ would intersect the east line of lots seventy-five, seventy-six and one hundred and sixty-eight in said town of Gates if produced southerly to the south line <^ the sa4d town ; thence northerly on the east line of lots seventy-five, seventy-six 624 LAWS OF NEW YORK. [Chap. 482. and one hundred and Bixt7..e]glit x>rodnoed, to the south line of lot num. ber twenty-two in said town ; thence westerly on the south line of lot twenty-two to the east line of the highway ; thenoe nortiberly on the east line of said highway to the north line of lot twenty-two ; thence easterly on the north line of lot twenty-two to a point intersected by the east line of lot number one hundred and sixty-eight produced southerly ; thence northerly on the east line of lot number one hundred and sixty-eight produced south, to the east line of lot number one hun. dred and sixty-eight and along the east line of lots one hundred and sixty-eight, seventy-six, seventy-five, seventy-four and seveuty-three, in the town of Qates, continued on the east line of lots seventy-two, seventy-one and seventy in the town of Greece, to a point twenty rods north of the center of the highway in the town of Greece known as the big ridge load ; thence easterly in a line parallel with the center of said road and twenty rods distant northerly therefrom and on said line pro- duced to the top of the east high bank of the Genesee river ; thenoe southerly on the top of said bank to a point due west from the place of beginning ; thence 'easterly to the place of beginning. WardB. \ 3. Section four of the said charter is hereby amended by substitut- ing therein, for the words " divided into fourteen wards," the words ** divided into sixteen wards," and by adding at the end of the said section four the following, namely : Fifteenth. Fifteenth ward. All that 'part of the said city, lying west of the center of the Genesee river, and not included in either of the above described fourteen warda sixteenth. Sixteenth ward. AH that part of the said dty lying east of the center of the Genesee river, and not included in either of the above described fifteen wards. ^ Original ^ 4. Wherever, in the said charter, the description of the fourteen miona?-' ^^^' existing prior to the passage of this act, refers to the boundaries changed, of the dty, the boundaries as they were before the enlargement pro- vided by this act are intended, so that the said fourteen wards shall remain unchanged, and the fifteenth ward shall comprise all that part of the new tm By-iaws. time to time, to make such by-laws, rules and regulations as they may think proper for election of officers, for prescribing their respective powers and duties, and the manner of discharging the same, for the appointment and duties of conmiittees, and generally for transacting, managhig and directing the a&irs of the corporation ; provided, sudi ProTiao. by-laws, rules and regulations are not repugnant to nor inconsistent with the x^rovisions of this act, the Constitution and laws of this State or of the United States. § 8. The general business and object of the corporation hereby created objects. shall be to receive on deposit any sum or sums of money that may be offered for that purpose, by any person or persons, or by any religious or charitable corporations or societies, not to exceed three thousand dollars from each individual or association, and to invest the same, and declare, credit and pay dividends or interest thereon, as hereinafter authorized, and not otherwise ; and all certificates or other evidences of deposit, Certui- made by the proper officer of said conioration, shall be as effectual to bfudtntr*' bind the corporation as if executed under the conunon seal thereof. ^ 9. It shall be lawful for the trustees of the corporaticm to invest the inre^t. moneys deposited with them, and the gains or jnofits thereof, only as '°^'^^- follows, to wit : 1. lu the stocks or bonds, or interest-bearing notes or certificates, of in u. s. the United States. ^^^ eSO LAWS OF NEW YORK. [Chap. 487* state 2. In the stocks or bonds or evidences of debt beaiing interest, oi ■'^^ this State. City or 3. In the stocks or bonds of any city, county of this State, issued bondsf pursuant to the authority of any law of this State ; but not exoeediag ten per cent of the assets of the corporation shall consist of city or county bonds. Bondsand 4. In bouds secured by mortgages on improved, unincumbered and g^. productive real estate, situated in this State, worth at least twice the amount loaned thereon ; but not to exceed fifty per cent of the ass^s of the corporation shall consist of such bonds and mortgages. Beai 68- 5. It shall be lawful for the corporation to purchase, lease, hold and ^% ^(^JiT' convey real estate only as ft^llows: 1. A lot and banking-bodfls chase, &c. requisite for the transaction of its business, and for an income from sncb X)ortions of the same as are not required for its own use, 2. 8uch as shall have been purchased at sales upon statute foreclosurei or upon judgments and decrees obtained or rendered for money loaned ; and all such real estate as is described in the last preceding clause shall be sold by the trustees within five years after the same shall be vested ia the corporation unless, upon app]i<;ation by the trustees, the Superin* tendent of the Banking Department shall extend the time within which such sale shall be made. Personal ^ 10. In all cases of loans upon real estate, a sufficient bond or other ^e^i^qair P^nonal security shall be required of the borrower, and all the expenses «d- of searchers,* examinations and certificates of title or appraisals of value, and of drawing, perfecting and recording papers, shall be paid by such borrower. Bniidinn, ^ 11. Whenever buildings are included in the valuation of any real in^vauf^ cstatc, upou which a loan shall be made by said a)rponition, they shall u^ared^ be iusured by the mortgagor for at least two-thirds their value, in such ^^^^ * company of this State as the trustees shall direct, and the policy at Benewai insurance shall be duly assigned to the corporation ; and it shall be of policy, ii^^f^^] fQy ga^[^ corporation to renew such policy of insurance, in the same or in any other company of this State as they may elect, from year to year or for a longer or shorter term, in case the mortgagor shall Gxpen»ea neglect to do SO. and may charfe the same to him. And all the neces- of renew- gJ^^ charges and expenses paia by said corporation^ for such renewal or renewals, shall be paid by such mortgagor to such corporation, and shall be a lien upon the property so mortgaged until paid. Corpora. ^ 12. It shall be unlawful for the said corporation, directly or indi- deai ?n ^ Teetlj^ to deal or trade in real estate in any other case, or for any other 5^ ^ purpose than as authorized in the ninth section of this act, or to deal or ' ' trade in any goods, wares, merchandise or commodities whatever, except as authorised by the provisions of this act, and except such personal jmiperty as may be necessary in the th.naacti(ni of its business, i^anof ^ 13. It shall be lawful for the trustees of the corporation, while epoHita. a^^^i^Qg opportunity for the judicious investment of the moneys depos- ited with them, as authorized and required by this act, to loan the same) or any part thereof, upon the securities mentioned in section nine of this act, and subject to the limitations contained in said section, bot not exceeding eighty per cent of ihe cash market value of such seeuritieB When ^ Bhall be loaned thereon ; and should any securities depredate in vaioe on^aam. ftfter making a loan thereon, it shall be the duty of iJie trustees to cwAty.'^ require the immediate payment of such loan, or a part thereof, or oddi- — * _- _ — r •SolnorigiaaL Qup. 487.] NINETr-SEVENTH SESSION. mil aeeority ibatetoitf so tkkt the aanoant loaned ithall at no time oeeed eigbtj per cent, of the maorket value of the aecoritieB pledged 1 14. It diall be the duty of the trustees of said oorporation, as soon invest- IB inacticabld to invest the moneys deposited mth them, and the gains ^e^po^^^ or pcofits thereof, in the securities named in the ninth section of this &c., when act, except an available fund of not exceeding twenty per cent g( the ^tde!^^ iepositft with eaid corporation, which the trustees may keep to meet Fund ibr ODnHit payments, and which may by them be kept on dex>osit in any cxp^lfJU, knk or bfUkking association, organized under any law or laws of this how ft Slile or of the united States, or with any trust company incorporated debited, 19* any law of this State, upon such terms as may be agi^eed upon ; but a<^* the sum so kept on deposit in any one bank or trust company shall not eacseed twenty per cent, of the capital of such bank or trust company, aad shall not exceed twenty-five thousand dollars, or ten per cent, of the iduib amount of deposits with this said corporation ; or such available limd, or any part thereof, may be loaned by the trustees on call, or ou utioe not exceeding ten ^ys, upon the securities and in the manner jRmded in the lant preceding section of this act. \ 1& The sums deposited with the said corporation shall be repaid to Repay- fte depoflitors thereof, or their lecpal representatives, at such times and ^cpoJS- with such interest, and under sucn regulations, as the board of trustees on, regn- Aall from time to time prescribe, wUch regulations shall be put and therefor. lEept ap in some conspicuous place in the room where the business of the oorpoiation shall be transacted, and shall also be |»inted in the Cbook of each depositor, but shall not be altered so as to affect any dt previously made. I 16l Whenever any deposit shall be ma^e by any person being an Deposit ahen or minor, or a female being or thereafter becoming a married ^^inor^or ^wman, the same shall be held for the exclusive right and benefit of man-iod neli depositor, and free from the control or lien of all persons whatso- ho™ to 'be mr, except creditors, and shall be repaid, together with the dividends |!^*„|^'^^ or interest thereon, to the person making the deposit, and tlie receipt ^^*^ or acquittance of sudi alien, minor, or female shall be a valid and sufli- Receipt;, oent release and dischai^ for such deposit to the corporation. 1 11 In all actions in any courts of this State, against the said cor- Married Cktion, by a husband to recover for moneys deposited by his wife in ^^y be a own name, or as her own money, the wife may be examined and ^^'{^^®*j^ Mify as a witness in like manner as if she were an unmarried baif^isT ivoiuan. And in all actions against the said corporation to recover p>''^> • bt moneys on deposit therewith, if there be any xM^fBon or per- How a KHm, whether husband or wife, or otherwise, claiming the same^Jf^^™^^ fimd, who are not parties to the action, the court in which such action party to is pending may, on the petition of said corporation, and upon five days' may^be^^ Qotice to the plaintiff and such claimants, make an order amending the j'^^^^^ proceedings in said action, by making such claimants parties defendant ' ilKiefto; and the said court may thereupon proceed to hear and deter- suoe the rights and interests of the several parties to said action in uid to said funds. The said funds or deposits which are the subject Fund may of the said action may, in the discretion of the court, be permitted to tb!^ere<£t i^nudn with sud corporation at the same rate of interest as other or the ac- depoats, to the credit of the action, until final judgment therein, and ^^^^' the flame shall be paid by said corporation in accordance with the provisions of said final judgment. The question of costs in the actions coets. Inferred to in this section shall, in all cases, be in the discretion of the court. 633 LAWS OP NEW YORK. [Chap. 487. Kateofin- ^18. It shall be the duty of the irastees of the said oorpomtiaxi to to'be rego^ regulate the rate of interest to be allowed to the depositors in such a lated. manner that they shall reoeive, as nearly as may be, all the proflte of the said corporation, after deducting necessary expenses, and reserviiig' such amount as the trustees may deem expedient or desirable as a saraias surplus fund, which, to the amount of ten "per cent, of their depocdts^ ^^^- the trustees of said corporation are hereby authorized gradually to accumulate and hold, to meet any contingency or loss in its bnsineaB ; aassiflca- provided, however, that it shall be lawful for the trustees to classify poStora!*' ^^^^^ depositors according to the extent or duration or character of their dealings witl;i the said corporation, and to regulate the rate of interest in such manner that each depositor shall receive a ratable jiroportion of interest with all others of the Bame class. Annnaire- ^ 19. The Said Corporation shall, every year, make reports to the fivTsaper- Superintendent of the Bank Department, as required by law, and in intencfont Buch form as he shall prescribe, and the books of the said corporation banklnff shall, at all times during business hours, be open to the inspection of meS^&c *^® Superintendent of the Bank Dei)artment, or of such other person ' as the Superintendent or the Legislature may appoint as his or theiY AKont to agent for that purpose. Whenever any agent shall be apjxnnted to corpora-**^ make any such examination, he shall be paid for his services by sudi tkui.^ corporation such sum as the Superintendent of the Bank Department shall certify to be just and reasonable. Examina. ^ 20. The Supreme Court mav, at any time, on the application of any preme^' trustee or depositor in said savings institution, and on reasonable cause court may showu therefor to the satisfaction of said court, appoint one or more persons to examine into the investments of said -savings institution, Book8,Aio. and its affairs and business, generally. The books, papers and bufflness of said savings institution shall be open and subject to the examination Examtna- of such person or persons, and the trustees, officers and clerks thereof, oath?*^ or any other person, may be examined on oath by such person or per- sons ; and the same court may confer such further powers on the person or persons so appointed as they may consider necessary for the more thorough and perfect examination of the a&irs and business of said Report, corporation. The said person or persons so appointed shall report the result of their investigations to the said court, which, if satisfied Power of thereby that any officer, trustee or servant of said corporation has been w^e* guilty of any fraud or misconduct, may remove such person or persons, p^tu, and make such further order and take such further measures for secur- ing the funds and property of said corporation as the said court shall deem expedient Misnomer ^ 21. The misuomer of said corporation in any instrument shall not n^tto viti- yitiate or impair the same if it be sufficiently described to ascertain the intention of the parties. Gonerai ^ 22. The Corporation hereby creatM shall be subject to the provis- piil^lbK. ^^'^ ^^ the eighteenth chapter of the first part of the Revised Statutes, and all other /general laws affecting savings institutions, so far as the same are applicable ; and this act may be repealed, or altered, or amended, at any time hereafter. i 23. This act shall take effect immediately. CBAP.m.] NINETY-SEVENTH SESSION. 688 Chap. 488. ■ kS ACT authorizing the establishment of a ferry across the Genesee river near Charlotte, and incorporating a company for that purpose. Passed May 20, 1814 ; three-fifths being present The People of the State of New Tork^ represetUed in Senate and Asseinbiifj do enact asfoUowe : Section 1. Charles H. Chapin, Joseph C. Tone and Bernard W. Tone, Corpora- iB of Rochester, New York, and their associates and assigns, are hereby ^^ aoBititated and created a body corporate by the name of *^ The Summer- corporate viBe and Charlotte Feny Ck)mpany," and b^ that name shall have per- ^'^^^ yelnal suooession, and may sue and be sued in any court of record, and tike and hold such real and personal property as may be necessary for itebuainesa. 1 2. It shall be lawful for said corporation, its successors and assigns, Time and to establish and maintain a ferry across the Qenesee river, at such place SstabiSSi. or places oa either of its shores, within two miles of the village of Char, ing feny. lottey as said company shall select, at any time during the period of twenty years from the passage of this act ; provided, however, that dur- ProviM. iag the continuance of this charter a ferry ^11 be maintained between the points on each side of the river, |rom and to which a boat has been nn during the past years. \ 3w The said company, its successors or assigns, shall, previous to the Companr fiiit day of June, eighteen hundred and seventy-four, place, and at all &c^™a iier- leasonable hours of the day as hereinafter provided, keep and maintain ry i>oat. % good and substantial ferry boat, for the safe conveyance of passengers ^ ^11^9^9 horses and cattle, between the places aforesaid, with safe Kfid skillful ferrymen to attend the same. ^4 The county judge of Monroe county is hereby authorized an^Rateeof directed annually, during the continuance of this act, in the month of comuf*' loly, to order and determine the several rates of ferriage, and the hours jndge to of a day that a boat or boats shall he ^ept in readiness belonging to the au^'*'^^' •Md ferry. ^ ) 5. If any higher rate of ferriage shall be taken by the said company, Penai^ its successors or asmgns, or any person employed by them, than is ordered e'JfcSIihJe Iqr the said county Judge, the person so offending shall forfeit to the leniagv. injured party five dollars, with costs of suit. \ 6. If said company, or the keeper of such ferry for the time being, Penai^ shall neglect or refuse, at such hours as the said county judge may direct, o/^J^JJ* to transport and ferry across the said river any x)erson Or persons, their to trans. Iwwes, goods and chattels for lawful ferriage as herein specified, or SJiJSSd shall unnecessarily hinder or delay any person in crossing the said property, nver, the person so offending shall forfeit and pay five dolk^ to each person so aggrieved. ^ 1. If any person, after the passage of this act, shall transport across Fenrins: and river any person or persons or property for hire or pay from, or to pJiSonf toy place or places on said Genesee river or either of its shores, within forbidden, two miles of said village of Charlotte, the person so offending shall for- feit for eajb .transportation, five dollars to the said company, its Penai^ Mccesflors or asmgns, who may sue for the same before any justice of bow^^S'* the peace having cognizance thereof ; but nothing herein contained shall coyered. 41 684 LAWS OF NEW YORK. [Chap. 489. Pr»7iflo. be Gonetraed so as to exclude any x^^rson or persons from the right of conveying or transporting himself or themselves or his or their goods or chattels in his or their own boat across the said river ^thin the points spediied in this act. Bepeai. ^ 8. The act (chapter three hundred and thirteen of the laws of eigh- teen hundred and fifty-nine), passed the fourteenth day of April, eigh- teen hundred and fifty-nine, authorizing one Jerome B. Manning to establish a ferry across said river, is hereby repealed; but without prejudice to the rights and privileges of any person or persons claiming under said Jerome B. Manning by virtue of any grant, transfer or con- veyance or reservation or exception therein contained, to or from him or to or from any other persons as his assigns. Bridge, ^ 9. But nothing in this act contained shall in any way interfere with wJthorf/ or abridge the rights of the authorities of Monroe county in building a uea of highway bridge across the Genesee river or in any way make them liwle eo^^i^^to foT damages to any party or parties whomsoever by reason of building buua. such bridge. ^ 10. This act shall take effect immediately. Chap. 4:89. AN ACT to amend an act passed April seventeenth, eigh- teen hundred and sixty-one, entitled "An act author- izing the establishment of the house of refuge for juve- nile delinquents in Western New York." Passed May 20, 1814 ; three-fifths being present The People of the State of New York, represented in Senate and AeeemUy, do enact aefoUotoa : Section 1. The third section of chapter three hundred and six of the laws of New York, passed April seventeenth, eighteen hundred and sixty-one, entitled '* An act authorizing the establishment of the house of refuge for juvenile delinquents in Western New York," is hereby Board and amended by adding at the end of section three the following : During of^peiSons ^^^ confllnement of all such persons sent from the said western house of 8entfh)m refuge to the X)enitentiary the State shall pay for the board and clothing hoose'of of such persons as are now in or may hereafter be sent to such peniten- J^J»«|j tiary, at the same rate as paid for other State prisoners confined in pay fbr. said penitentiary, not exceeding one dollar and fifty cents per week for such board. ^ 2. This act shall take effect immediately. Chap. 490.] NINETYSEVENTH SESSION. 635 Chap. 490. AN ACT to amend chapter five hundred and four of the laws of eighteen hundred and seventy-three, Entitled "An act in relation to a certain highway in the county of Hamilton appropriating certain non-resident highway moneys thereto, and repealing acts heretofore passed in relation thereto, passed -May fourteenth, eighteen hun- dred and seventy-three." Passed May 20, 1874 ; three-fifths being pTesent The People of tJw State of New York^ represerited in Senate and Assembly^ do enact aefoUowa : Sbction 1. Section two of chapter five hundred and four of the laws eifi^hteen hundred and seventy-three, being an act entitled ^' An act in relation to a certain highway in the county of Hamilton appropriating certain non-resident highway moneys thereto, and repealing acts here- tofore passed in relation thereto, passed May fourteenth, eighteen hun- dred and seventv-three," is hereby amended so as to read as follows : ^ 2. The said highway to commence at the present highway on the Highiraj south line of the farm formerly occupied by Orra Brownell, now oocu- fnt"*^^^ pied by George W. Cole in the town of Hope, and following, as nearly raaddis- as the commissioners above named sluill deem advisable, the survey as ^*^^' made and located in the year eighteen hundred and sixtv-seven by and nnder the direction of the commissioners appointed under chapt^ five hundred and seven of the laws of eighteen hundred and sixtv- seven, so as to strike the present highway near the spot where the dwelling-house formerly occupied by David Stickney stood in the* eighteen hundred and sixt^-seven, thence following the mail road to the foot of Lake Pleasant m the town of Lake Pleasant, is hereby con- stituted a road district for the purposes of this act, subject to the qualiii^ cations in this act contained. fl 2. Section three of said act is hereby amended so as to read as _ lows: ^ 3. All the non-resident highway tax assessed in the town of Hope, Non-resi- all the non-resident highway tax assessed in the town of Lake Pleasant, JJay^^jjJj Wells, except so much thereof as lies in townships six, seven, eight and appropVi. thirty-one, Tottea and Grossfield's purchase ; the non-resident high- *'^^' way tax assessed in so much of townships seven, eight, nine and ten. Moose River tract as lies in the town of Morehouse ; and the non-resi- dent hi^hwav tax on lots in Benton township from lot number one hundred ana seventy-one to lot* three hundred and thirty inclusive, are hereby appropriated for the purposes of this act, and the Comp- comptroi. troUer of this State shall pay to the said commissioners, or any two oV^^^^ them, all such non-resident highway taxes as shall be returned and commis- admitted by him for the years eighteen hundred and seventy-three, ■**>"«"• eighteen hundred and seventy-four and eighteen hundred and seventy, five on or before the first day of September in each and every vear fol- lowing the year in which such taxes were levied and assessed, but he ProviM. sfaail not be required to pay such moneys to such commissioners unless the report required by tMs act shall have been filed in his office. •So in the original. 636 LAWS OF NEW YORK. [Chap. 491. Commis- sionera may bor- row mon- ey. & 3. Section eleven of said act is hereby amended so as to read as follows : ^ 11. The commissioners appointed under this act are hereby empow- ered and authorized to borrow the sum of two thousand dollars for the purpose* of completing the road as laid out by the commissioners appointed under chapter five hundred and seven of the laws of eigh- teen hundred and sixty-seven, and to repay the same out of the moneys to be secured by them under the provisions of this act. ^ 4, This act shall take effect immediatelvand continue in force until the provisions thereof are fuliilled, apd no longer. Expenses of drain- age A cnarge npou the town. Commis- sionera to report same to sapervis ore. Bonds. To be in- claded in tax levy. Commis- sioners to report to snperTis* orsand board of auditors. Board of amtitorsto andit ac- counts. Action against oommis- Chap. 4=91. ■ AN ACT to amend chapter one hundred and ninety-five of the laws of eighteen hundred and sixty-eight, entitled " An act to provide for the draining of certain swamp lands in the town of New Rochelle, in the county of Westchester." Passed May 2(), 1814; three-fifths being present. The People of the State of New York, represented in Senate and Assembly y do eriact as follows: SscrriON 1. Section four of chapter one hundred and ninety«.five of the laws of eighteen hundred and sixty-eight, entitled " An act to pro^ vide for the diraiining of certain swamp lands in the town of New Bochelle, in the county of Westchester," as amended by chapter five hundred and forty-seven of the laws of eighteen hundred and seventy, and chapter two hundred and ninety-five of the laws of eighteen hundred and seventy .one, is hereby amended so as to read as follows : ^4. Instead of the expense incurred by the commissioners being apportioned upon the owners of the land within said district, the same shall be, and is hereby declared to be, a charge upon the town of New Rochelle, and that for the purpose of fixing the amount chargeable therefor, the commissioners, after the passage of this act, shall be and are hereby authorized and directed to make an account of the expense incurred, to the supervisor of said town of New Bochelle ; and after the same shall be adjusted, the supervisor with the town derk shall have power to issue bonds for the amount thereof, not to exceed the sum of five thousand dollars, which shall be signed by the supervisor and town clerk, and registered by the clerk in the town book, and the same shall become a town charge, and one thousand dollars of \mA amount shall be included each year in the annual tax levy, together with the interest upon the whole sum until the same shall be fully paid. The said commissioners ^11, when notified by the supervisor of said town, render a repcurt to said supervisor and the board of town auditors of said town, which report shall be verified by the oath of said commis- sioners or a majority of them, and shall contain a full, true and correct statement of their exx)enditure8 under this section, and of the manner of such expenditure, and also of the indebtedness contracted by said commissioners and remaining unpaid. The board of town auditors is empowered to investigate the proceedings of said commissioners and to audit and adjust their accounts, and to send for x)er8onB and papers and examine witnesses for the purpose of such investigation. The supervi- sor is authorized, in the name of said town, to commence any action Chap. 492.] NINETY-SEVENTH SESSION. 687 against nid oommiflBionera tliat may be neoeeeary to Teoaver any port Bioncrs, of the proceeds of said bonds which shall not have been ezpendrd by ^* them, or whidi they shall not have disposed of in aooordanoe with the provisions of this act ; and any amount recovered of said commiseioiiers, by said supervisor, shall be applied by him to the payment of the indebtedness contracted by said commissioners and remaining unpaid. ( 2. TMs act shall take e£Eect immediately. Chap. 4=92. AN ACT to incorporate The Home for the Friendless in Northern New York. Passed May 20, 1814 ; three-fifths being present Tlie People of the State of Neto Tork^ represented in Senate and AssenMy^ do enact ae foUotos : Section 1. From and after the passa^ of this act the association known as ^' The Home for the Friendless m Northern Mew York '* shall still hold that name. § 2. Margaret F. Piatt, Catharine Frederica Balkley, Deborah T. F. Corpora. Bixby, Margaret D. Edwards, Hannah 8. Lansing, Sarah S. Williams, ^<^"' Joanne W. Clark, Mary M. Foot, Margaret S. Palmer, Wealthy H. Qrvis, Frands D. L. Hall, Charlotte M. Norton, Margaret P. Myers, and all such Xiersons as now are members of the association called '' The Home for the Friendless in Northern New York," and all who shall become mem- bers of the corporation hereby created, shall be and they are hereby oonstitated a body corporate by the name of the Ladies' Association for corporate establishing a Home for the Friendless in Northern New York, whose ''*™®- object and business shall be to establish and maintain a house of object, industry and home for the relief of friendless, destitute or unprotected females, and for friendless or unprotected children. \ 3. There shall be a board of female managers of said association Board of who shall select from their number an executive committee to conduct wft^^asere. the business of the association in the manner prescribed by the consti- tution and by-laws of the aforesaid association as the same now exist, or as the same shall be adopted or altered by the corporate body herel^ constituted ; bnt the same shall be in accordance with the laws of this State, and such managers shall be elected annually or otherwise as is or may be prescribed by such constitution and by-laws. ^ 4 Said corporation shall have power to purchase and hold real Con^orate estate sufficient for the actual occupation and necessary use of the asso- £^7^'"' ciation, and to receive by gift or devise in the same manner and subject to the same restrictions as provided in the general law for the incorpora- tion of religious and benevolent associations, and to hold and convey such real estate, and shall be deemed to be possessed of the rights and to be subject to the liabilities of corporations according to the provisions of title third, chapter eighteenth, part first of the Revised Statutes, so far as the same may be appHcable ; provided, however, that the annual income of any real estate belonging to said corporation shall not exceed the sum of ten thousand dollars. ^ 5. The board of managers shall have power to appoint matrons and Matroos 0ocb other assistants as they may deem necessary in conducting tiie anlg"^^^^' domestic and internal concerns of their house or houses of industry and *' Home for the Friendless ;" to make any by-laws and regulations for syuwe. 638 LAWS OF NEW YORK. [Chap. 494, the goyemment of iheir own proceedings and those of the j^enons no appointed) and of other inmates of their house or houses ; to gOTem the children under their care and prescribe their course of instroction and management to the same extent and with the same rights as exist in the case of natural guardians. Board of ^ 6. In all cases where a child shall have been surrendered by its may a?" natural or other legal guardians to the care and management of the pre'Dtico. assodation by any instrument or declaration in writing, it shall be law. ful for the said hosad of managers, at their discretion, to place ^uch child by adoption or at service in some suitable employment, and with some proper person or persons, conformably to the laws of this State, in regfurd to the bindii^^ out of indigent children, provided that in all such cases the torms of the indenture shall be approved by the surrogate of Clinton county ; but in every such case the requisite provisions ^lall be inserted in the indenture or contract of binding to secure the child so bound, such treatment, education or instruction as shall be suitable and useful to its situation and circumstances in life. Stipend ^ 1. The children instructed in the school connected with the houses ^^^i aforesaid, shall be entitled to draw an annual stipend fiom the public fand. school fund, according to the average number in attendance, in the same manner as do the children of other benevolent asylums, and the public schools of this State. 8. The Legislature may at any time alter or repeal this act 9. This act shall take effect immediately. I Chap. 493. AN ACT to extend the time for the completion of the New York and Albany railroad. Passed May 20, 1874. The People of the State of New York, represented in Senate arid Assernblyj do cTiact asfoUowa : Section 1. The New York and Albany railroad comx)any shall have five years in additi(m to the time they now have by law for complying with the requiremente of the forty-seventh section of ^* An act to author, isse the formation of railroad corporations, and to regulate the same/' passed April second, eighteen hundred and fifty. ^ 2. This act shall take effect immediately. Chap. 494. AN ACT to amend an act entitled '^ An act to incorporate the city of Rome,*' passed Feblniary twenty-third, eigh- teen hundred and seventy. Passed May 20, 1874 ; three-fifths being present. The People of the State of New Tork^ repreeefUed in Senate and Assembly^ do evuu^ aefoUowa : Sbction 1. Section one of title seven of said act is hereby amended Police oft by adding thereto as follows : It shall be the duty of any police officer rwiinj' or constable of said city^ to apprehend any person who shall violate any Chap. 495.] NINETY-SEVENTH SESSION- 639 cnrdinance of said dty now in force, or which may hereafter be in force, ponoa and bring such person before the said recorder, who may summarily citJ*?iM. examine into the matter. If the recorder shall find such person guilty nance. of such violation, he may adjudge such person to pay a fine, which shall Fine. not exceed, in each case, the amount of the penalty provided in such ordinance for the violation thereof ; and shall not exceed the sum of fifty dollars in any one case, besides costs, which shall not exceed five dollars in each case ; and may commit such person to the jail in said city until such fine and costs be paid, but for not more than thirty days in any one case. ^ 2. This act shall take effect immediately. Chap. 495. AN ACT . in relation to certain assessments for sewers in the city of Brooklyn. Passed May 20, 1814 ; three-fifths being present The People of the State of New York^ represented in Senate and Assembly f do eriact as foUotos : Sbction 1. The common council of the city of Brooklyn, are hereby intent, aathorized to determine whether all amounts charged or imposed for ^oSiSu* and as interest on all assessments for sewers in map " N," of the may n- sewer plan or districts of the city of Brooklyn, shall be remitted. And *"*** the said common council may direct the collector of taxes of said city, or other proper officer, whose duty it is to collect and receive the amounts of said assessments, to receive, from persons who desire to pay any amount on account of said assessment, the amount of principal ana interest thereon onlv, as hereinafter provided, and in such case, there shall not be charged or received any amount as interest thereon, or default for non-payment theredf, accrued prior to the day of the date of the passage of this act. ^ 2. The said common council are also authorized to determine commoii whether persons assessed for said sewers in said map "N," who desire ^^y^, to pay any amount on account thereof, may pay over unto the proper termine officer authorized to receive the same the whole amount of principal of gjjgj^ such assessment, with interest thereon from the day of the date of the assess- passage of this act ; and the said common council may also determine ™^°^' whether said assessments for said sewers in said map ** N," may be paid as follows, to wit : one.third of the amount of principal of such assessment laid or imposed on any lot or lots of land, and interest, as aforesaid, on the whole amount of the principal of such assessment within one year from the day of the date of the passaffe of this act ; one-third thereof, and interest, as aforesaid^ on two-uiirds thereof, within two years from the day of the date of the passage of this act ; and the remaining one-third thereof, and interest as aforesaid, within three years fix}m Uie day of the date of the passage of this act. ^ 3. The conmion council of the city of Biooklyn are hereby author. Assess- ized to determine whether all assessments for sewers in map L of sewer JJ5.^^i%| plan, or districts, in the city of Brooklyn, and all assessments for sew. map l, erH in subdivisions numbers twenty-two, twenty-three and twenty-five cCnnSi* on said map, shall be payable as follows : one-fourth part of each assess- may deter. ment, as it may be confirmed, at the expiration of one year from the ^ paj^""^ ti me of the confirmation of said assessment ; one other fourth part at "^^^^ 64:0 LAWS OF NEW YORK. [Chap. 496. the expiration of two years from the time dT the confirmation of said assessment ; one other fourth part at the expiration of three years from the time of the confirmation of said assessment ; the balance of said assessment at the expiration of four years from the time of the confir- mation of said assessment. If the said common council shall determine that the said assessments for said sewers in said map L shall be payable Interest, as aforesaid, interest at the rate of seven per cent per annum upon the whole assessment shall be charged upon and collected with the first installment of said assessment, and interest upon the whole amount of the assessment remaining unpaid, calculated with semi-annual rests, shall be charged upon and collected with each of the other installments so provided to be paid. 8uch interest shall be part of the assessment when due as aforesaid. Upon any deilEkult in payment, interest and default, as now provided by law, shall be collectable. This act shall apply to any assessment confirmed before its passage, in such manner as tluit the time of x)ayment thereof may be extended so as to conform to the provisions hereof. If the time of payment shall be extended as aforesaid any person may pay the whole assessment upon his property at any time, but with the interest and default then run or accrued. Deficien- ^ 4. The board of dty works of the city of Brooklyn shall compote ^y- the amount of any deficiency, if any there be, in the funds applicable to the payment of the bonds issued for and on account of the building of said sevrers, caused by the provisions of this act, and he shall certify the amount thereof to the common council of said city, who shall tibere« upon direct the proper financial ofiicers of said city to appropriate from and pay out of the revenue fund, or any other fund of said dty, the amount of such deficiency, if any, to the holders of said bonds, when said bonds by their provisions become due. § 5. This act shall take effect immediately. Chap, 496- AN ACT relative to filling in certain low lands in the city of Brooklyn. Passed May 20, 1814 ; three-fifths being present The People of the /Stole of New Yorhj represented in Senate and Assembly, do enact as follows : contraotfl SECTION 1. All Contracts heretofore made, or which shall be hereafter ta'ioto*** made under the authority of the mayor and common council of the dty Ao.,hovr of Brooklyn, for the filling in of low lots or lands in said dty, whidi BUiied!^'^' shall include within their boundaries as defined by streets and avenues, or otherwise, a portion of any street or avenue not yet graded, shall he held and taken to inchide the filling in of sudi portion of the street or avenue induded therein, in the same manner, and to the same extent, Bxpenaes, as the lots Or lands adjoining the same. The whole expense of ssid bomo street filling shall be borne oy, and assessed upon, the lots or lands fronting upon the portion of said street or avenue so filled in. Pirovisions ^ 2. No provisions or limitations of existing laws, as to the cost of ?aw8 no?*^ local improvements in the dty of Brooklyn, or as to the amoimt whidi to appij. may be assessed on the property benefited thereby, shall apply to anv of the work authorized in this act, the doing of which has been, or sh«l be declared to be, necessary for the promotion or preservation of the Chap. 497.] NINETY-SEVENTH SESSION. 64=1 public healthy by the votes of a. majority of the menib«» elected to the oommon councstl of aaid dty , and approved by the mayor thereof. ^ 3. The reeolutioa adopted by the common council of the city of Rosoin. Brooklyn, on the tenth day of November, eighteen hundred and eev- i^^^. eaty*three, and approved by the mayor of said dty on the seventeenth mon conn day of November, eighteen hundred and seventy-three, providing for proved, the filling in of the low lots or lands situate between Sixteenth street and Prospect avenue^and Eighth avenue and Ninth avenue in said city, and also the resolution adopted by the common council of said dty on the first day of December, eighteen hundred and seventy-three^ and approved by the mayor of said dty on the tenth day of December, eighteen hundred and seventy-three, providing for the filling in of low lots or lands situated on the north sioe of Twentieth street from Tenth avenue to the dty line in said dty each, to a level or ^^rade two feet above the line of sewer drainage, is herebv confijrmed and made valid and effectual, and the board of dty worKS of said dty are hereby authorized and directed to execute and carry out the jirovisions of said resolutions. ^ 4 The said board of dty works are hereby fhrther authorized to Board of complete the filling of the low lots or lands situated between Twelfth ^^^ and Fourteenth sinreets and between Gk>wanus eanal and Third avenue may oom- in said dty according to the terms and prices of the contracts hereto. SiUng II? fore made therefor, and x^ayment for the work heretofore done or here- ^^^j^^ after to be done under said contracts, shall be made to the person or undk ^' persons holding the contracts and doing the work, at the rates and aooording to tne provisions now by law made for xwiyment for such work. ^ 5. This act shall take effect immediately. Ohap. 497. AN ACT to amend the charter of the city of Pough- keepsie, and to consolidate with it other acts relating to said city. Passed May 20, 1814 ; three-fifths being present. The People of the State of New Yorky represented in Innate and A^ffenMy, do enaot asfcUotos ; - ' . The charter of the dty of Poughkeepsie is hereby amended so as to read as follows : TITLE L Section 1. The district of country in the county of Dutchess, now city comprised in the dty of Poughkeepsie, and included within therf^]*^*^ following boundaries, viz: B^inning at the mouth of a brook falling into the Hudson river, on tl;^ ncnrth line of lands of the estate late of Henry A. Livingston, deceased, and adjoining lands of Aloander Fox ; thence south, eighty-seven degrees and thirty min- utes east, as the magnetic needle in eighteen hundred and fifty-three pointed, one hundred and thirty chains to a stone set, marked C, in in the lands late of William H. Worrall ; thence again, from the mouth cf the brook aforesaid, northerly along the Hudson river, including the flats or shoals between high water mark and the channel of said river, to the mouth of another small brook, or where the same joins the water of the Hudson river aforesaid, which last-mentioned brook is 642 LAWS OF NEW YORK [Chap. 497, Name. Flrat ward, bouoor- ries of. Second ward. Third ward. Fonrth ward. Fifth ward. Sixth: ward. oommonly known by the name of EQdney's creek or kill, and divides the lauds formerly owned by Robert L. Livingston from the land of Abram Pells ; thence from the mouth of the last-mentioned brook up the middle of the same, however it runs, to the west side of the post- road leading to Albany, to a point thirty-five links southerly from the northeast corner of land of late owned by Edward Giraud ; thence south, eighty-seven degrees thirty minutes east, parallel with the south line of said corporation as above named, ninety-two chains eight links to a stone set, marked G, in the lands of Thomas Sweet, westerly of the road leading to Union comer in Hyde Park, said stone being the northeast comer of the corporation, and is distant from the Hudson river in a direct line one hundred and thirty chains ; thence south, three degrees flfty-five minutes west, one hundred and thirty-nine chains and sixty links (passing through the cooper shop late of Thomas R Osborn on the north side of the Dutchess turnpike), to a stone set, marked C, as aforesaid, in the lands late of William H. Wonall — the chaining on the above lines being surfEu^ measurement — shall be a dty known as the city of Poughkeepsie ; and the citizens of this State from time to time inhabitants within said boundaries, shall be a corpo- ration by the name of the city of Poughkeepsie, and as such may sue and be sued, complain and defend, in any court of law or equity of this State. ^ 2. The said city shall be divided into six wards, as follows : * All that part lying northerly of the center of Main street, and westerly of the center of North Bridge street to where it terminates into Wash- ington street, and fte)m that point westerly of the center of Washington street to the northern boundary of the dty, shall be the first ward ; all that part lying southerly of the the center of Main street, and westerly of the center of South Bridge street to the center of Church street, and northerly of the center of ChurcJi street from said Bridge street to a point opposite the center of Jefferson street, and westerly of the center of Jefferson street, and of a line from the termination thjereof south, to the southern boundary of said dty, shall be the second ward ; all that part lying northerly of the center of Main street, between North Bridge and Catharine streets, easterly of the center of North Bridge street to where it terminates into Washington street, and from that point easterly of the center of Washington street to the northern boundary of the dty, and westerly of the center of Catharine street And northerly of the center of Cottage street to North Hamilton street^ and westerly of the center of North Hamilton street, and of a line from the termination thereof, north, to the northern boundary of the dty, shall be the third ward ; all that part lying southerly of the center of Main street, between South Bridge street and Academy street, and westerly of the center of Academy street, and easterly of the center of South Bridge street to Church street, southerly of the center of Church street, from South Bridge street to Jefferson street, and easterly of tbe center of Jefferson street and of a line from the termination thereof, south, to the southern boundary of said dty, shall be the fourth ward ; all that part lying northerly of the center of Main street, &om Cathe- rine street, and easterly of the center of Catherine street to Cottage street, southerly of the center of Cottage street to North Hamilton street, and easterly of the center of North Hamilton street and of a line from the termination thereof, north, t.o the northern boundary of said dty, shall be the fifth ward ; and all that part lying soul^erly of the center of Main street, east of Academy street, and easterly of the center of Academy street, shall be the sixth ward. Chap. 497.] NINETY-SEVENTH SESSION. 643 TITLE 11. OP THE BLECnON AND APPOINTMENT OP CITY AND WARD OFFICERS. Section 1. The officers of said city shall consist of one mayor, two city oin. assessors, one recorder, two justices of the peace, four constables, one *"**'**• dty attorney, one treasurer, twelve commissioners of schools, six water oommissioners, and six commissioners of the alms-house, to be elected by the city at lar^ ; two aldermen and one supervisor to be elected in each ward ; and one chamberlain, one superintendent of streets, one dty engineer, one marshal, one chief engineer of the fire department and two assistants, and such other officers as are herein authorized, who shall be appointed by the mayor and common council upon the nomi- nation of the mayor, except as hereinafter provided. ^ 2. An election shall be held in each of the wards of the said dty on Annnai the first Tuesday of December in this and every year hereafter. election. § 3. The mayor and common council, now in office and herein author- Election ized to be elected, shall give public notice of all elections under this act, how^and by notice to be published at least two weeks in all the newspapers b^ whom printed in said city, once a week, until the time of holding such elec- *^*^®"* tion ; and at such first and every subsequent election, so to be held inspector* under this act, three inspectors of election shall be elected in each ward l^ectcd. in the manner prescribed by law ; and the provisions of the law con- oerning elections, other than for militia, passed April fifth, eighteen hundred and forty-two, with the amendments and additions thereto, are hereby declared applicable to said city of Poughkeepsie and to the elections to be held under this act, except so far as they may be incon- sistent therewith. And the mayor, treasurer, assessors, constables, com- Present misnoners of schools, water commissioners and commissioners of the SeSer alins-houae of said city, and the aldermen, supervisors and inspectors of &c., how' election of each of the wards of said city, in office at the time of the uS& ^^ passage of this act, shall hold their respective offices only till the first o^^^^- day of January next preceding the expiration of the terms for which they have been respectivelyelected or appointed by the provisions of the act hereby amended. The recorder and justices of the peace elect Recorder and in office at the passage of this act shall enter upon and hold their uce ^^the offices for the terms for which they were respectively elected. pence. § 4 The said wards shall constitute the election districts for all State, Election general and other elections to be held in said city ; and the inspectors, ^^**^^**'^»- chosen under this act, shall be inspectors of all such elections, and shall inspect- possess the powers and discharge all the duties of such inspectors ; and ^"- all provisions of law applicable to election districts, and to the inspec- tors of elections therein, shall apply to said wards and said inspectors. § 5. Every inhabitant, residing in said city who shall, at the time and OnaUiica- plaoe of offering -his vote, be qualified to vote for member of Assembly, votew! shall be entitled to vote for all officers to be elected by virtue of this act, in the ward or district where he shall be so qualified. ^ 6. The city chamberlain shall give notice, in writing, of every elec Notice of tion to be held under this act, to the inspectors of elections of the sev- euy cham- eral election districts in said city, at least one week before the day of beriain to election ; and said inspectors shall proceed as provided by the general ^^®* laws of the State in relation to elections other than in towns. They Ballot box shall provide one ballot box, to be marked " City." All ballots shall f^^ *'*^- he indorsed " City " and shall contain the votes of the electors deposit- ing them for all tne offices to be filled at the election. The chamberlain Notice of shall give notice to each of the inspectors of the several wards of said f,5|*Jf ®®*' ' city of the first meeting of said inspectors, as a board of registry, in accor- board of 64:4 LAWS OF NEW YORK [Chap. 497. registry, danoe with the law regulating the registry of votes, at least two weeks ?ain°to^'' l>efore the time prescribed by law for such first meeting, by depositing givo. such notice in the x)ostoffice at said city, directed to every such inspec tor at said dty, or by personal service thereof upon such inspector. Honrs the § 1. The poUs of the elections in the several election districts, at the ^5e^^ said city elections, shall be opened at eight o'clock in the morning of open. the day of election, and shall be kept open, without intermiasLoQ or adjournment, until five o'clock in the afternoon, when they shall be Canvass or finally closed ; and the inspectors shall forthwith, without adjourning, Totes, Ac. canyasa the votes received by them, and certify and declare the lesulto, stating the number of votes given for each person for each office, and shall file such statement and certificate on the same or the next day, with the dty chamberlain, who shall forthwith notify the several alder- men elect or their election. Certui- ^ 8. At the next stated meeting of the common coundl after said elec* efe'utionto ^^^^> ^^^ Statements of votes filed with the city chamberlain by the iMj ntade insj^ectors of election shall be produced by the chamberlain. The com- ^ ' mon council shall forthwith determine, declare and certify, in the man^ ner now provided by law, who is elected to the office of mayor, and shall also in the same manner determine, declare and certify who are duly elected at the said election to the various offices hereinbefore named ; such certificates shall be made in duplicate, one of which shall be filed with the dty chamberlain, and the other with the cl<^ of Dutchess county. Notice of § 9. The dty chamberlain, immediately upon the filing with him of election. ^|j^ certificate spedfied in the last section, shall notify, in writing, eveiy Official X)erson so certified to have been elected, of his election. Bvery person oath. elected to any office under this act, before entering on t^e same, shall take the oath of office prescribed by the Constitution of ihia State before the mayor or some other officer authorized to take affidavits to be read in courts of justice, and file the same with the dty chamberlain, except the mayor, chamberlain, justices of the peace and recorder, whose oaths shall be filed with the clerk of Dutchess county ; and every person so Penalty elected, except justices of the peace and the recorder, who shall refuse S'toke. ^' neglect to take and file the said oath of office for ten days after p«v sonal notice in writing of his election from the chamberlain, shall for- feit twenty-five dollars to the use of the dty, and be deemed to have declined trie office. Term of ^ 10. The term of office of all the officers to be elected under this act ^f * shall commence on the first day of January next ensuing their election, mence. and each of such officers shall take the oath of office within ten days thereof: thereafter, and file the same as provided in the last section, or oe deemed to have declined their offices respectively. Term of ^11. The recorder shall hold his office for the term of four yeaM, and recorder ^^*^^ ^® successor shall qiialify and enter upon his office, orjnsuces ^ 12. The justices of the peace to be elected under this act efaill hold ^l^^ their offices for four years ; a justice of the veaod shall be elected in peacOi .1 ., J * said city every two years. Of assess- ^ 13. The assessors shall hold their offices for two yearn, and at eveiy on- annual election hereafter one assessor shall be elected for said dty. or alder- ^14. The aldermen shall hold their offices for two years; ateadi ^^^' annual election hereafter one alderman shall be elected for each ward, and shall hold his office for two years, or mayor, ^ 15. The mayor, city attorney and treasurer of said dty shall hold n^, 5^*^ *^®^^ ^*^ ^^' *^^ years, and until their successors shall qualifv, except the dty attorney and treasurer elected at the first election held under Chap. 497.] NINETY-SEVENTH SESSION. this act, who Bhall hold their offices for one year. All other officers or other elected or apx)ointed under this act, except aldermen, recorder, commis- ®*®«™- aioners of schools, water commissioners, commissioners of the alms house, justices of the peace and assessors,- shall hold their offices for one year and until their successors shall qualify. But the mayor or common Removal council may remove at pleasure any officer appointed by them, and {)|g^ upon the nomination of the mayor the common council may appoint anSther in his stead, who shall hold until the expiration of the term of his predecessor, subject to the like power of removal. ^ 16. If a vacancy shall happen in any elective office, the common Vacanc5\ oooncil shall fill the same by appointment until the next annual election, **<^^^««' when the residue of the term of office, if their shall be any unexpired, of the officer whose term shall have become vacant, shall be filled by some person to be elect.ed to such office for the residue of such term, aooordiiuf to the provisions of this act. ^ 11. No property qualification shall be required to hold office under onaiuca- this act ; but every person elected or appointed to any office elected omce?' hereby shall be an elector and a resident of the city ; and no i)erson shall be elected an alderman or supervisor of any ward unless he shall also be at the time of such election a resident of such ward ; and if vacating SQch officer shall remove out of said ward during his term of office, he ^^^^' shall be deemed thereby to have vacated his office ; and the removal from the dty of any officer, elected or appointed under this act, shall render the office held by him vacant from the time of such removal. ^ 18. At the first regular meeting of the common council after their Offlcere to (ffganization, subsequent to the annual election as prescribed in this act, ^t"?^ or at some subsequent meeting, and as soon thereafter as may be, it by ooni- Aall be their duty to appoint upon the nomination of the mayor, one JJf*'*^*'"''" city chamberlain, one city engineer, one superintendent of streets, one Buushal, one city sealer, one chief engineer of the fire department and two assistants, and sixteen fire wardens, who shaU hold their offices for Term of one year, in the manner provided by this act. The common council, upon °®*^®' the nomination of the mayor, shall have power to appoint, at any time watch- they may consider the same necessary for the public interests, so many ^eciai^ watchmen and special constables as they nmy deem best, all of whom consta ihall hold their offices at the pleasure of the common council. '' k 19. Every person elected or appointed treasurer under this act, Treafior- before he enters upon the duties of his office, and witliin ten days after ^''^ *'*^'***- being notified of the amount at which the common council have fixed the penalty of his bond, shall execute to the city of Poughkeex>Bie a bond, with two or more sureties, to be approved by the common coun- cil, in such penalty as said council shall have directed, conditioned for the &ithful performance of his duties as treasurer, and that he will account for and pay over all monevs received and collected by him at any time, under the warrant or authority of the city, to the proper offi- oer appointed to receive the same, which bond shall be duly acknowl- edged before some officer authorized to take acknowledgments, and the Boreties therein shall justify in at least double the amount thereof. If the oommoa council shall approve of the form and execution of said bond Approval and the sureties thereto, they shall cause such approval to be indorsed '*^*^'^®°'- thereon. Before any warrant to collect county taxes shall be delivered his bond. to eaid trea^rer, he shall execute a bond of the penalty and in the ^ ^^^^^^* nianner, with the sureties, and of the condition required by law of town ^^^ coUecftora. The said bond shall be executed and delivered to the super- ^^ Tiflon of the dty, and shall be approved by a majority of them. 646 LAWS OF NEW YORK. [Chap. 497. Bonds to ^ 20. Both said bonds shall, after their execution and approval, be ancf be^a ^^^ ^^^ *^® clerk of DiitfihesB county, and every such bond shall be liou. entered by said clerk and shall be a lien on the real estate of the ooU lector and his suhsties in the manner and to the same extent as now SaftB provided by law in case of bonds of town collectors, and in caee of any thereon, breach of the condition of said bonds, suits may be maintained thereon by the dty of Ponehkeepeie upon any bonds given for the collection of dty taxes, and by the supervisors of said dty or their successors in office upon any bonds given for the collection of the county tax as aforesaid. Liability ^ 21. Such treasurer and his sureties shall also be liable to the same •arerf proceedings to enforce the payment of money collected on any warrant issued by the supervisors of the county as are provided by law in res- pect to town collectors and their sureties. Chamber- ^ 22. The chamberlain, superintendent of streets, and sudi other offi^ perinten- ^^ *» ^i^y ^ required thereto by the common council, shall severallv, dent of before they enter upon their offices, execute a bond to the city of Pongh- Icrroav keepsie, in such sums as the coundl shall direct, and with such sureties ed W^v'e *® *^® mayor shall approve, conditioned that they shall faithfully dis- bonds. charge the duties of their respective offices, and pay over all moneys Bonds to received by them respectively. And all bonds given by such officers &la^ 8^*^1 ^ fi^« OT by any ordinance of the common coundl, to execute any bond feet of. or other instrument before entering upon the duties of his office, shall foil to execute the same in the manner prescribed by this act, or by any such ordinance, within ten days after he ^all have been duly notified to do so, the common council may declare his office vacant and proceed to cause the same to be filled, in the manner provided in this act in cases of vacancies in offices. Penalty § 25. If any person having been in office in said dty shall not, within Hvcri*ng *" ^^ ^^7^ ^^^^ notification and request, deliver to his successor in office property, all property, papers and effects of every description in his possession sncceMor Or under his control belonging to said dty, or appertaining to the officB In office, go held, he shall forfeit and pay to the use of said city one hundred doU lars, besides all damages caused by Us neglect or refusal so to deliver. Chap. 497.] NINETY-SEVENTH SESSION. 64:7 TITLE m. OP THB COBfMON COUNCIL. SEcnoir 1. The mayor aud aldermen of the city shall constitute the common oommon coundl thereof. The common council shall meet at the dty S^^ ^q. liall, or at such other place as the mayor shall designate, annually, on stitated. the first day of January in each year, unless the same shall be Sunday, Time and in which case they shall meet on the next day, and at such times as anmuu hereinafter provided. At all meetings of the oommon council, the meetiDg. mayor, when present, shall preside, and, in his absence, one of the Mayor to aldennen may be called to the chair. ^'®* ®* ^ 2. In the proceedings of the common council each member present To have shall have a vote, except the mayor when presiding, who shall have y^e."^ io9ive kerosene oil, nitro.gIycerine and other combustible and explosive sub- oea 8?^' '^^^'^' ^^^ ^ regulate the keeping, selling and conveyance thereof, foj^ MUe and to prescribe the limits within said city for the manu&cture and sale flictore^^' thereof, and to regulate the standard of all burning fluid and combusti- thereoc ble oils used or sold, or held for sale in said city, and to regulate the uae of candles and lights in barns, stables and out-buildings. To pre- To prevent horse-racing and immoderate driving in the streets of r»?ing?'^'^ said city, to prohibit and punish the flying of kites, and every other mnes* game, practice or amusement in the public sti^eets or elsewhere, having a tendency to frighten teams and horses, or to injure or annoy persona passing in or along the highways of the city, or to endanger property. Bathinir To regulate and determine the places of bathing in the river, steami places, or ponds within said city. vagranto, vTo restrain and punish vagrants, mendicants, street beggais and ^' common prostitutes. Chap. 497.] NINETY-SEVENTH SESSION. 649 To establish and regulate public pounda ^onnds To restrain the running at lar^e of cattle, horses, swine, sheep, goats Animal and geese, and to authorize the distraining, impounding and sale of the atiarg^. same, for the penalty incurred and cost of keeping and proceedings. To prevent or regulate the ringing or tolling of bells, except those of Ringioff of railroad cars and engines, blowing of horns or crying of goods or wares, {^ng o/*^' firing of guns, powder or other explosive compounds, and the making gans, &c. of any improper noise which may tend to disturb the peace of the dty, and the sale of fire-crackers, rockets, squibs and other explosive com- pounds. To make regulations for taxing and confining dogs, and for destroy. Dogs, ing such as may be found running at large contrary to any ordinance. To direct the keeping and returning of bills of mortality, and to buu of compel all physicians, under a penaltv, to file with the chamberlain a mortality, certificate of the death of any person dying in said city while under the charge of such physician. To regulate and keep in repair the fire-engines, hose-carts, hose and Fire-en- hooks and ladders belonging to the said city, and the public buildings ^"^^ ^* of said city. To regulate the sale of fish, meats and vegetables within said city ; sale of to regulate or prohibit the making or keeping of markets for the sale ^eats, of meat or fish, except at such places as the common council shall &o. designate, and to reflate or prohibit the erection, keeping or using of slaughter-houses and tanneries within the said dty. Concerning the lighting of the said city, and the protection and safety Lighting of the public lamps ; to assess and collec^t from the real and personal ^^^^^> estate within the lamp districts the amount required under the provi- sions of this act. To regulate and restrain hawking and peddling on the streets. Hawking. To license and regulate carriers, teamsters, cabmen, porters, the To license drivers of hackney coaches, stages or omnibuses, for the transportation cabmen,' of passengers within the dty, and to prohibit unlicensed persons firom Ac. acting in either of such capadties, to fix their rates of compensation, and k> require them to have licenses, and to fix the amounts to be paid therefor, and to require them to wear badges. To regulate runners, stage drivers and others in solidting x>as6engers Rnnnen, and others to travel or ride in any stage, omnibus, boat, or upon any JJj?if.o'„ railroad, or to go to any hotel or otherwise. &o. To regulate, restrain or prevent the unnecessary obstruction of streets obstrnc- by locomotives and other cars, and to regulate the speed of locomotives Jjroeis' and cars in said dty. ftc. To fix the amount and dedde upon the suffidency of the sureties in saroties, the official bond of the chamberlain, treasurer and other officers from ^' whom they may require surety ; and to require additional security from any such officer when they may deem it necessary, and suspend him until it is given. To compel, direct and regulate the planting of shade and ornamental shade trees along the streets and sidewalks of said dty, and to prevent the ^itTting injury or destruction of such trees, and to prevent the injury and deface- and pro- ment of fences, posts and buildings in said dty. ^^'^*^'^*^- To prescribe where, in said city, or within what distance from any To pro- street or dwelling-house, or within what boundaries in said dty, swine iJjJj.pi*ngof shall not be kept, or to i>rohibit altogether the keeping of swine within swine, the limits of said dty. 42 650 LAWS OF NEW YORK. [Chap. 497. Bnriai of To prohibit and regulate the burial of the dead and to protect the Smcte-**' public cemeteries, and to regulate and restrict the extension of cemeter- ries, Ac. ies and burial grounds in said city. Removal To cause buildings, stoops and other structures encroaching on the croach. Streets to be removed at the expense of the owners or occupants thereof; mento on to make such expense of removal a lien on the lots, and to issue war- cxpeMoa rants against any such owner or occupant to collect the necessary thereof, expenses of such removal, as assessments and taxes are collected; Proviso, provided, that, before any order or adjudication is made directing the removal of any such building, stoop or other structure, notice shall be given to the occupants of the premises upon which the same is situate and an opportunity to be heard thereon before said common council ; and in case of the removal thereof by the city, a certificate filed with the chamberlain, stating the expense of such removal, signed by the mayor, shall make such expense a lien on the lot. Depoait of To permit building materials to be deposited on the stjeets in front m£«?5 ^' ^^y ^^t» ^ ^^^^ extent and for such time a» they may prescribe, and on streeu. to presCTibe penalties for the deposit thereof without such permi^^ion. Naminff To give names to streets and numbers to the lots and tenements, and J^®**' to change the same, and to compel the occupant of any lot to place such numbers in a prominent place in front of such lot or building, street as- To prohibit the gathering or assembling of persons upon the public ^j{J* streets of said city, or congregating upon the comers of the stxeets thereof, and to authorize the police ofiicers of said city to disperse all such gatherings or assemblages of persons ; and, upon the refusal of persons so congregated or assembled to disperse, when commanded so to do by the marshal or a duly appoints police officer of said city, under regulations to be prescribed by the common council, such marshal Arrests. Or police Officers may make summary arrest of any person or persons so refusing and take him or them forthwith before the recorder of said Disorder- city, to be by him tried as disorderly persons and punished as such, lypewons. g^^J j^j| gy^j^ persons are hereby declared to be disorderly persons. Kerosene To prohibit the refining, clarifying, distillation or manufacture of ®"- kerosene oil within said city. To pro- To prohibit fet-boiling, soap.boiling and bone-boiling within the city SininS'*^ limits, and to prescribe limits within which &t-boiling and bone-boiling " Ac. ^' shall be prphibited. Sale of To prohibit the sale of goods and merchandise, or the performance on*8ai?°" ^^ work or labor for hire on Sunday by all persons, except such as day. observe the seventh day of the week as a day of religious worship, instead of the first day of the week, ^ountion To prohibit the discharge or deposit in the waters of the Fallkill Sf FaiikS cr^k, or in or upon the channel thereof of any wast>e water or other creek. substance or mixture from any tannery, dye-house, slaughter.house or factory, or from any privy or other source. Incident. To do all such acts and make all such ordinances as shall be neces- aipowerf. gg^jy ^ carry into effect any general power or discharge any duty con- ferred or imposed by this act, although such acts or ordinances may not be specially enumerated herein. Summons ^ 9. The commou council, and any committee thereof, shall have aSid tesS^ power \o issue a summons to any person to appear and testify before fy, com- them, in respect to any matter pending or referred to them. SuA Sf mayis- summous may be served at any place wittiin the county of Dutchess, in sue. the same manner as subpoenas for witnesses in crimiiial casea Any obedi person who shall refuse to attend, in obedience to any such summons, th^eto, ™&y ^ arrested by an order or attachment, which may be issued by fm< Chap. 497.] NINETY-SEVENTH SESSION. 651 the mayor or recorder, upon proof of the service of euch sununous and how com. of such refusal, and committed to the county jail, or other proper place p*^"*^^- of detention, until he shall appear and testify as required. Such witness, so refusing to attend, may also be finea and imprisoned for Fine, disobedience of sudi summons by the mayor or recorder, in the same Banner and to the same extent as witnesses refusing to attend in obe- dience to a subpoena duly issued by a justice of the peace. Whenever witness, any person summoned as a witness be&re said common council or any ^ued u?' committee thereof, shall refuse to be sworn or afhrmed, or to answer answer, any pertinent and proper question, the mayor or presiding officer of ^' said council, or the chaurman of said committee, may forthwith commit Buch person to the county jail or other proper place of detention, for a period not exceeding twenty days, or until he shall be sworn or aifirmed, or answer such questions. Such commitment shall be made Commit- by warrant, directed to the sheriff of the county, or other officer having ™®"*' such place of detention in charffe, and shall recite the cause of such commitment, and such officer shall keep such person in close confine- ment as directed thereby. § 10. The common council shall have jwwer to enforce observance of Peniutfes, all provisions of this act, by ordaining penalties to be incurred for ^JJ***"*»» each and every violation of the same, not exceeding fifty dollars for any one offense, to be recovered with costs in a civil action in any court Remission having cognizance thereof, or to remit the same or any part iJiereof. ^^' Every such ordinance or by-law imposing any penaltv or forfeiture for ordi- a violation of its provisions shall, after the passage thereof, take effect p^inV at such time as the common council shall direc*.t, and shall he published penalty, at least two weeks successively, in at least one public newspaper take*^ ^ printed and published in said city. ®^<^** ^11. Whenever complaint shall be made before toy justice of the JnsUce of peace of said city, in order to commence an action in behalf of said dty on%orn-^° against any person for the violation of any of the ordinances thereof, p}*}?*/**' and such complaint shall be verified by the oath or affidavit of any ofonu^'^ person that the same is true, and that such offense has been committed, JI,^*^^^^^ of his own knowledge, and stating the facts and circumstances, such warrant. . justice may, if, in his judgment, the case require it, issue a warrant at the commencement of such suit directed to one of the police constables of said dty, commanding him to take the body of such person and bring him before such justice to answer the complaint of said dty in a civil action for the violation of such ordinance. Upon the return of such Proceed- warraut, the justice shall proceed forthwith to the trial of such action, ISSS? ™' and said defendant shall be detained in custody under said warrant warrant, by the officer to whom the same was issued, until judgment be rendered in said action. ^ 12. All actions brought to recover any penalty or forfeiture incurred Actions under this act, or the ordinances, by-la>vs, or police regulations made [y*] gj^^' in pursuance of it, shall be brought in the name of the dty ; and, ini^ronght. case of the recovery of judgment against any defendant, execution may be issued thereon immediately on the rendition of judgment. Any such action may be brought on the direction and authority of the mayor or common council of said dty. If the defendant in such action have no Botty exe- goods or chattels, lands or tenements, whereof the judraient can be col- ^"**^°- lected, the execution shall require him to be imprisoned in close custody in the jail of Dutchess county, or in the penitentiary, if one be establ lished, for a time not exceeding thirty days. All expenses incurred in Expenses, prosecution for the recovery of any penalty or forfeiture shall be 652 LAWS OF NEW YORK. • [Chap. 497. Penalty, defrayed by the oorporation ; and all i)enaltie8 and forfeitures, when col- ^^' lected, shall be paid to the chamberlain for the use of said city. Appeal. § 13. Any judgment rendered in any such action may be removed by appeal by either party, to the county court of the county of Dutch- ess, in the same manner and upon the same terms that appeals are taken to county courts from judgments rendered by justices of the peaoe in towns, except when such appeal is made by the dty, that no Dond shall be required to be executed by or on behalf of the city. Every Bueh appeal, in behalf of the city shall be sued out and prosecuted under the direction of the common council. Entry In ^ 14. The entries in the books of by-laws, journals and minutes of the by-uws, ownmon council and the boajd of health, or sworn copies thereof, shall Ac., «in4 be presumptive evidence in all courts and places of the facts therein copies, stated, and the certificate of the chamberlain shall be sufficient evidence evicienco. of the authenticity of such journals and minutes and book of by-laws. Mayor or jj 15- No member of the common council shall be appointed to any not^to^^e** offi^ t>y the common council, nor shall any alderman or the mayor be intei-egted in any manner directly or indirectly 'interested in any contract to which tract?' ^ the city shall be a party. And any such contract, in which any siicli officer shall be or become interested, shall thereby and thereupon be To vote and become void. In case any alderman shall willfully vot« for any thorized* appropriation, or for the payment or expenditure of any moneys, or for approprf. the making of any contract not authorized by this act, or in violation of a^mislie?" ^^7 of its provisions, eveiy such alderman shall be deemed guilty of a meanor. misdemeanor, and, in addition to being punished therefor by indicts Pnnish. ment, shall be liable for every such vote to a penalty, not less than fifty ponaUy ^ nor morc than two hundred dollars, in the discretion of the wurt or jury, thereA)r. to be recovered in a civil action in the name of the city by any tax- payer thereof ; arid when recovered, one-half thereof shall be paid to the treasurer of said city, and one-half shall belong to the tax-payer Costs, lia- who shall cause such action to be brought. The city shall not be liable biutyfor. fop oonts in any such action, but the inhabitant who shall cause such action to be brought shall be liable for the same, should judgment therein be rendered against said city. TITLE IV. Mayor, SECTION 1. It ^hall be the duty of the mayor to take care that within hisdaties. ^^ pj|.y.^ ^y^^ j^^g of this State, and the ordinances and by-laws passed by the common council be flaithfully executed, and to arrest, or cause the arrest of all persons violating the same ; tx> exercise constant suxn. r- vision over the conduct of all subordinate officers ; to receive and ex- amine into all complaints against them for misconduct or neglect of duty, and to report the facts to the common council ; to recommend to the council from time to time such means^ as he shall deem neces. • sary or expedient for them to adopt ; to expedite and cause to be carried out all such as shall^ be resolved upon them^, to make com- plaint before the grand jury of all violations of this act bjr any alder- man or other officer of the city, and in general to maintaui the peace His pow- and good order of the said dty. He shall have power to administer ®*'** oaths and take affidavits, and to take the proofs and acknowledgments Foes. of deeds within said city, and to receive therefor the same fees that are lu case ot allowed to justices of the peace for the same services. In case the or"acaa^ mayor shall be unable to perform the duties of his office, in consequence « So in original. Chap, 497.] NINETY-SEVENTH SESSION. 653 of a continued sickness or absence from the city, or if there shall be a ey, com- vacancy in the office, the common council shall appoint, by Imllot, one "f£>^ap.°" of their number to preside at their meetings, and the presiding officer point, thus chosen shall be vested with all powers, and perform all the duties of mayor of the city, until the mayor shall resume his office or the va. cancy shall be supplied according to law. No salary or compensation No saiaij shall be allowed or paid to the mayor or any alderman for any services Sj^Jr^* or rendered in the discharge of the duties of their respective offices, pur- aKJcrmen. suant to the provisions of this act. The mayor of the city of Poughkeepsie shall possess all the xx)wer General and authority conferred upon mayors of the cities by any statute of this SJl^J" ^^ State ; he shall have power to apprehend and arrest any person who shall within, his view De guilty of any criminal act, or of any violation of the laws or statutes of this State. He may also, upon complaint May ieeae being made to him under oath, issue a warrant to the marshal, or any ^»n*^'- X>olice constable of the city of Poughkeepsie, to arrest any person charged with any crime or misdemeanor, or with any violation of any of the laws or statutes of said State, and bring such person for examina- tion or trial either before him, the said mayor, or before the recorder or acting recorder. Any such warrant may h*^ executed by any officer to Where it whom it is directed at any place within the State. If such process shall S5cnted. be made returnable before the recorder or acting recorder, such officer, Hay be re- ujx)n the same being returnable to him, or the prisoner arrested by iJito?e re- virtue thereof being brought before him, shall take and acquire jurisdic- corder. tion of the subject-matter, and proceed with the case to tlie same Proceed- extent and in the same manner in all respects as if such process had J^fJ^" "" been originally issued by him. Whenever any person shall be arrested thereof. by the mayor of said city, for any offense committed within his view. May or by process originally returnable before himself, he may, by an order owe^to ' in writing, transfer the case to the recorder, who shall thereupon take recorder. and acquire jurisdiction, and proceed with such case in the same manner and to the same extent as if such person had been arrested or such process originally issued by him ; or the said mayor may in any such case proceed to examine such person, and commit him for trial, to answer the charge a^inst him, or discharge him according to law. If the offense charged is by law triable in a court of special sessions May hold of the peace, the said mayor may proceed to hold a mayor's court Jpecia^ of sx)ecial sessions to try such person or persons, and all provisions of sesBions. law applicable to courts of special sessions shall extend and apply to such mayor's court. All process for the summoning of jurors or wit. nesses in such court may be served or executed by tne marshal or any constable of said city. § 2. It shall be the duty of every alderman in said cdty to attend tJie Aider, regular and special meetings of the common council ; to act upon com- "n^J^'**®^ mittees when thereunto appointed by the mayor or common council ; to arrest or cause to be arrested all persons violating the laws of the State, or the ordinances, by-laws or police regulations of the city ; to / report to the mayor all subordinate officers who are guilty of any official misconduct or neglect of duty, and to aid in maintaining peace and good order, and to perform or assist in performing all such duties as are by this act enjoined upon the aldermen of said city separately, or upon the common council thereof. ^ 3. The supervisors and treasurer provided for by this act shall have saporvis- the same powers and duties as supervisors and collectors in any town ^"^enrer in the county of Dutchess, except as otherwise provided by this act; their pow- and the said supervisors shall be members of the board of supervisors dati«if 654 LAWS OF NEW YORK. [Chap. 497. Their of the oouiity of DutchesB. The supervisors shall receive the same satToo!*^' oonii)en8ation allowed by law, in the same manner as other supervisors of towns ; provided the compensation of any such supervisors shall not exceed the sum of two hundred and Hfty dollars in any one year. Retarn of ^ 4. The dty shall be regarded as a town^ under the provisions of the teJ^^Ssa"" fourth title of the seventh chapter of the third part of the Revised porvisore Statutes respecting the return of jurors, and the supervisors and cham- beriaiif S* berlain of said city shall perform the duties thereof enjoined upon the respect to. supervisors, assessors and town clerks of the several towns of the State, except that a duplicate of the return of jurors made by them shall be DiviBion filed in the office of the chamberlain of the city. Each ward of the city ftnces, g}j. ji ]yQ regarded as a town, under the fourth article of the fourth title of the eleventh chapter of th^ first part of the Revised Statutes, and the Fence Supervisors and aldermen of each ward shall be fence viewers, and shall ^^^®"- possess all the powers and authority in respect to division fences or walls in their ward, which are given by the said article to town fence viewers with respect to division fences. Asfleeaors, i 5. The assessors elected in the city of Poughkeepsie, as herein pro- ffw^*^'^* viaed, shall perform all the duties herein specified in relation to the assessment of property within the city, as well for the purpose of levy- ing the taxes imposed by the supervisors of Dutchess county, as by the Their commou council of the city of Poughkeepsie. Each assessor shall Sonf^""" receive for compensation for all services to be rendered imder this act, or by virtue of any statute of the State, an annual salary, to be fixed by the common council, not to exceed three hundred dollars each. The Their assessors elected under this act shall possess all the powers and author, powers, i^y Qf town assessors, and shall make the assessment roll of the city in the same manner as such assessors, under and in pursuance of the second article of the second title of the thirteenth chapter of the fiiit Notice of part of the Revised Statutes, except as herein provided. The notice aasesaf ^^ required by the nineteenth and twentieth sections of said ai-ticle shall ment. be given as provided by said nineteenth section, and shall also be Sublished in all the public newspapers printed in said city, and sliall esignate the chamberlain's office as the place where the assessors will Rou.when review their assessments, and where the roll may be examined. The pieted.°'"" ^^^ ®^^1 ^ completed, and, with all other papers required by said article to be filed, shall be delivered to the city chamberlain on or before the third Tuesday in August in each year. Common ^ 6. The commou council shall be vested with the exclusive power to ite^powers correct the assessment roll in respect to taxes imposed by virtue of this to correct act, in the same manner as a board of supervisors may by law correct nwnf "roll, the towu rolls of their county, and shall possess all the powers in rela* *«• tion to such city assessment roll that b<>ards of super^asors have by a statute in the case of town assessment rolls, and town and county taxea City The city chamberlain shall correct all clerical errors in tiie description S!iS"hif " of valuation of property, under the direction of the common council, dkitiesas and make a correct and exact copy of the assessment roll, so made as me^r^i. aforesaid, and certify the same to be correct, and deliver the said copy to one of the supervisors of the said city, on or before the first day of October in each vear, to be by him presented to the board of aupervi- Powers of SOTS, as and for the town roll of the dty. Nothing in this section shall 8npe?vS be construed to prevent the board of supervisors of Dutchess county ^ not af. from exercising in respect to the assessment roll of said city deliveiea ^ to them, or the taxes imposed by them thereby, the same powers wich^ ■ I .11- I I i-ii 11. I II I 11 .»i— — ^— .»i^l»i^— ^a.^ •So in original. Chap. 497.] NINETY-SEVENTH SESSION. 655 are rested in boards of supervieors in respect to town aflseeflment toUb, and town and oonnty taxeH, or any corrections thereof. \ 1. The dty chamberlain shall keep all papers belonging to said dty ; aty he shall act as clerk of the council, and attend all their meetings. His f^^^' office is hereby declared a town clerk's office, for the purpose of deposit- daUes. ing and filing therein all books and papers required by law to be filed His onoe in a town clerk's office, and he shall possess all the powers, and dis- JiJJKof- eharge all the duties of a town clerk, except so far as the same shall be flee. inconsistent with other provisions of this act He shall keep an accu- Account late account of all moneys i-eceived by him belonging to the city, and o**»<>«*ey8. shall, forthvnth, upon receipt thereof, pay the same over to the treas. nrer of the city, for which he shall take a receipt from such treasurer and file the same in his office, and have all such receipts at all times ready for examination by the common council. He shall also keep an Account accurate account of all expenditures by the common coundl, which SLSre^'^ aooounts shall be kept in such manner as the common council shall direct. AJl moneys shall be drawn from the treasury in pursuance of a vote of Moneys, the common council by a warrant upon the city treasurer signed by the JSI^^n chamberlain and countersigned by the mayor or presiding officer of the from the eoumdl ; such warrant shall specify from what fund, for what purpose *'^®°'3^- the amount therein named is to be paid, and the date of the resolution authorizing such payment. The chamberlain shall keep an accurate Account account of all orders dntwn on the treasurer in a book to be provided on*trea™ for that purpose, which shall be opened to the inspection of any elector sorer. of the city at all reasonable hours, and he shall report to the common Monthly council at it« first stated meeting in each month the aggregate amount '^^^' of the .orders drawn by him on each fund during the preceding month, and in each of said reports shall specify what amount to the credit of the general city Aind must be reserved to pay salariea He shall not draw any warrant on any fund when notified by the treasurer that sucJi fand is exhausted. The city chamberlain shall receive for his services His com- wich compensation, not exceeding one thousand dollars in each year, p«»«**^o"^ as the council shall fix, and he snail not receive for any service what- ever any other fee or reward from the city or from any person or persons. ^ 8. The marshal shall x)ossess the x^ower and authority of a con- Marshal, stable at common law, and under the statutes of this State, except that Ji'tf SJ!f" he shall not have power to serve any civil process issued by any justice ues. of the peace ; and shall i)os8e8S all the powers and be bound to discharge all the duties of a police constable under this act, and he shall act as To act as and have the powers of the chief of police of said city. He shall also ^If/e?^ perform such duties as shall be prescribed by the council for the preser. vation of the public peace, the care of the public property, and the main- tenance of the police regulations, and the munidpaf ordinances of said city. • He cdiall receive no fees for any services, but shall be allowed a His com- campensation to be fixed by the council, not to exceed the sum of seven p*"***!®*- hundred dollars in any one year. ^ 9. The city sealer of weights and measures shall possess the like city seal- powers, and be subject to the like obligations as the sealer of the several ®'' towns of this State, and on application for that purpose, the county sealer of weights and measures shall fuinish to him copies uf the standards in his office, at the expense of the city. ^ 10, The treasurer of said city shall receive all moneys belonging city troa- thereto, and keep an accurate account of all receipts and expenditures doSes.^*^ in such a manner as the common council shall direct He shall pay no moneys from tbe treasury of the dty except upon a warrant signed by 656 LAWS OF NEW YORK. [Chap. 497. the ehamberlain and countemgned by tfae mayor or preeiditig officer of the council as heretofore proviaed. He shall file all such warrants, and the same shall foe open to the inspection of the common council at any time ; and all accounts of receipts and expenditures ke;yt by him shall^ in like manner, be open to the examination of the council or a committee To be col- thereof at any time. The treasurer of said dty shall be the collector of Ukxw. ^^ taxes and assessments in the city, shall perform the duties, possess all the powers and authority and be subject to the liabilities aud obligatloiis prescribed by law for town collectors, subject to the provisions of this act, and all taxes and assessments to be collecSied within the limits of the dtf shall be collected by him. All taxes paid to him within thirty days after his first publication of notice as required by law, shall be paid wiihont Penent- any charge or x)eroentage as fees for collecting. On all taxes remaining JoSecSng. uiipaid At the expiration of thirty days from the first publication of said notice, said treasurer shall be required to collect five per cent, additional, and on all taxes remaining unpaid at the expiration of sixty days from the first publication of said notice, the treasurer shall be required to collect ten per cent, additional, which peixsentage in all cases when col* lected shall go and belong to the city. Receipt *At the time of the delivery to him of any such roll and warrant, the ing roif *^ treasurer shall indorse on the assessment and tax roll on file widi the and war. chamberlain, a receipt acknowledging the reception by him of the dupli^ '^'' cate of such tax roll and warrant as dty treasurer, and shall then be To be charged with the whole amount of the tax which the roll and warrant with^^^ delivered to him, authorize him to collect, and he shall not be author- amonnt of i^ed to credit himself with any amount as unpaid tax thereon, until he ^^ shall make and file with the chamberlain, an affidavit stating the amount of unpaid tax itnd setting forth the reason in each case why How ere- such tax is or has not l^n collect^. The common council may thete- JJ{®2iJ^"* upon order and authorize said, treasurer to credit himself with the tax. whole or any part of said tax unpaid, and the treasurer shall be cred- ited only with sucii amount as the common council shall so order. Settle- But no such settlement, nor any settlement had by l^e council or by to^becoii. ^^7 ^^7 officer with any treasurer of any tax or assessment, shall be ciasive, final or conclusive ; and no bond or other security given by any treawu canceled, rer shall be invalidated by or mnceled on any such settlement, but shall remain in full force, and be held for one year thereafter bv the city. Sale of Immediately after the return of any tax as unpaid which shall be a liea tafe.^' upon real estate, the common council shall proceed to proojire a sale of Depoeitof such real estate in the manner prescribed by this act The treasurer money ^hsLll deposit all moneys received by him in such bank or banks in the dty of Poughkeepsie as shall be designated by resolution of the com- mon council for that purpose, on the day of the receipt thereof by kmi) to the credit of the city of Poughkeepsie, and to the credit of the res- pective fwads designated in this act, to be drawn therefrx)m only upon Interest, the check of the treasurer, countersigned by the mayor. And all int^N est allowed by such bank or banks upon any money so deposited shall belong to the city of Poughkeepsie and be credited to the dty by sach Monthly bank or banks. The treasurer shall present to the common coundl, at o?ro"^°*^ its first stated meeting in each month, a brief statement of thiB agpe* coiptB, gate receipts and disbursements on account of each frind in his charge ^' during the preceding month, and the balance in hand belonging to eadi Treaenr. fund, and such Statement shall be filed with the chamberlain. He f(hall 11 report?' exhibit to the common coundl, at its last meeting in each year a AiH account of all receipts and exx)enditures after the date of the last annoal report of the treasurer and also of the state of the treasury ; and snoli Ciup.497.] NINETY-SEVENTH SESSION. 657 leporl diall be printed and published in two of the newspapers pnb- firiied in said city, and in such other manner as the council may direct. Hie treasurer shall not oveirdraw any fund, but shall forthwith notify Not to the diamberlain in writing when any fund is exhausted. The treasurer f^nd^^^^ tUl receive for his services such compensation, not exceeding one His com- tfemand five hundred dollars in each year, as the common council shall pensation Uteti, Mid shall not receive for his services any other fee or reward vinlever. And for any use, application or investment of the moneys unanthor. of the dty, other than as herein provided, such treasurer shall be mSney a**^ deemed guilty of a misdemeanor and liable to indictment and punish- miBde- aeiii therefor as such. '"®'°^'"- \ 11. It shall he the duty of the superintendent of the streets to snperin. floperintendy under the general direction of the common council, all liYoeS^ ^' ifwk to be done or performed, or ordered or required to be done ws doAes. or performed, upon any of the public highways, streets, walks, bidges, sewers or public pumps, reservoir or grounds, or prop- erty of said city, to purchase or provide, at the expense of said cHj, all necessary implements and utensils, to hire and employ the leqniaite laborers, to direct them as to the time and manner of the execution of their work, and to certify to the common council, weekly, all pe(reaus who shall have been employed on any of the streets, walks, boiUings, structures, reservoirs, and generally to act under the direction qI the common council of the city. He shall have no power to con. cannot tact any debt or liability on the part of the city, unless by resolution 52bt!*^* of the common council authorized so to do. He shalL not employ his Not to em- own team or wagon, nor shall he be directly or indirectly interested Jj^j **** in Any work or any contract to work, or furnish material for said city, tcamaor raider penalty of forfeiture of his office. Before entering upon the cstcd^n' inties of his office, he shall file with the clerk a bond, with such ««>' work penalty and with such sureties as the mayor shall approve, conditioned tractr&c tbat he will faithfully discharge the duties of his office. Whenever the common council shall order any of the repairs or improvements to be Bade, or any of the work to be done« specified in this section, they thall, in the resolution making such order, direct as to the time and mwuMsr of making such repairs or improvements, or doing such work, ttd shall also make such appropriation therefor as they shall deem Qeoeeeary. When such appropriation is exhausted, the superintendent Todiseon- *8ll discontinue the repairs, improvements or work for which the {1"?^ fBme was done. In case such suprintendeut shall expend or incur an when ap- indebtedness in any one year, to a sum greater than the amount which tioifS ex- tte Qommon council shall have determined to raise for highway pur- »»«n«^d. poses Ibr that year, he shall be personally liable for all the work and Pcnonai material furnished after such highway fund for that year is exhausted, for^^oi, either to the men employed and the jiersons who have furnished &c. iQftterial, or to the city, if the dty shall have paid the same. The Chambor- AJttaberlain shall keep an accurate account with each appropriation Ifeen 2 ac- inade as aforesaid, and chaige such appropriation with each warrant connt diawn th^^eon ; and such superintendent shall receive such compensa- rilpropri- tion as shall be prescribed by the common council, not to exceed seven *^<>°' inmdred dollars in any one year. ^ 12. The dty engineer shall receive a salary, to be fixed by the city engi- oommon coundl, not to exceed one thousand dollars per annum. He "aiao- and 4all do all the surveying and engineering, and prepare^ all the maps, duUes. diagrams and spedtications requii^ by the common coundl, the bocurd of water commissioners, board of education, board of alms-house com- suBBioners^ and board of health in said city, and render such other 658 LAWS QF NEW YORK. [Chap. 497, service as may firom tiine to time be prescribed by the ooiomon ooanciL And all maps, diagrams, specificatiam) and surveys thus prepared by him shall l>9long to and bie the property of the dty, to be iiled in the chamberlain's office. cityattor- ^ 13. The dty attorney shall be the legal adviser of the mayor, oom- daties!^^ mou council and of all oommissioneTS and other officers of the dty. He shall prosecute all suits brought by the dty or by any of its officers in their official cajiacity, and defend the dty in all suits against it. He shall pay over all moneys received by him on account of the dty without delay to the treasurer, and shall receive no fees from the dty His com- for any services x)erformed by him, but shall receive such compensation pensation. ^^ gj^jj ^ fixed by the common coundl, not to exceed one thousand Hve hundred dollars in any one year. Chief and ^ 14 The chief engineer and assistant engineers of the fire depart* en«fnecrs ^^^t shall perform such duties and possess such powers as shall be of flre de- prescribed by the common council. JnatSces of ^ 1^* ^he justices of the peace of the said dty shall ha-ve and exerdse the peace, all the powers, authority and jurisdiction, and discharge all the duties dlcUoor^ and be entitled to the fees and compensation of justices of the peace of ^^- ' the several towns in this State, except as modified by this act, and all laws applicable to justices of the peace of the several towns, and to their official acts, duties and powers shall apply to the justices of the To have peace of said dty, and to their official duties and powers, and they shM comims*^ have and exerdse all the powers of commissioners in and for the cities aiouera. of this State, aiid no commissioner of deeds shall be appointed in and Appeau. for said dty. Appeals from any judgment rendered by any such jus- tice may be taken to the county courts of Dutchess county, within the time and in the manner prescribed by law for appea'9 from judgments rendered by justices of the peace in towns ; and all provisions of law relative to apneals from such judgments shall apply to apjieals from judgments rendered by any justice elected by this act. • TITLE V. AnnnaK SECTION 1. On Or before the first day of November in each year, the ofexpen Bchool commissioners, commissioners of the alms-house, and water com- fies. miadoners, shall estimate and certify to the conunon coundl the amonnt of money required for the expenses of their respective departments for the next year, stating in detail the purposes for which the money is PabUca- required. The common coundl shall cause said estimates to be pub- thereof. ^i^hed in one or more daily newspapers published in said dty, one Common Week before action shall be taken thereon by the said coundl. The to revise ^undl shall revise such estimates and shall cause the amounts therein same; &c. certified, or so much thereof as it shall deem necessary, to be raised by Honeys general tax. And the moneys so raised shall be credited by the treas- credited ^^^^ ^ ^^® Several departments for which they were provided respee- to depart- tively, by keeping the same in separate accounts or funds, as herein* "^^^^ after provided. snmnot The common council shall also direct and cause a sum not exceed- ^^^tfartv ^^S thirty thousand dollars, for the purpose of defraying the salaries thousand and pay of officers and other necessary and contingent exx>enses of the be raised City, uot herein otherwise especially provided for, to be r^sed annually forsafa?" by a general tax, and the moneys so raised, together with all other rie8,&c. moneys received by the treasurer not belonging to any other fund, as herein spedfied, shall be kept in a separate fund, to be called the gen- eral dty fund* Chip. 497.] NINETY-SEVENTH SESSION. 659- • ^ S.^ The oommon oouncil shall also direct and cause sach additional city debt, amounts ta be raised annually by general tax as shall be required to pj^Tuioa • pay the interest and all installments of principal as the same shall become due on the public debt of the village of Poughkeexwie, and any permanent debt which has been or shall be incurred or contracted by the city of Poughkeepaie, and the moneys so raised shall be kept in a separate fund, to be called the public debt fund. \ 4. The oommon council shall also direct and cause such additional Money Bom, not exceeding ten thousand dollars, to be raised annually by gen- ^ay p^ar. eral tax as shall be required for highway purposes, and the money so vosen. raifled shall be kept in a separate fund, to be called the highway fund. ^ 5. The tax so directed shall be assessed upon all the taxable Tax, hovr real and personal property in the city, according to the yalua- fo bJas-** tioQ of the city assessment roll of the current year, after the same sessed. shall have been corrected as hereinbefore provided. The said tax, together with any special tax which shall Imve been voted as herein provided, shall be assessed by the common council at some meeting thereof, on or before the first day of December in each year. The city chamber' cbamberlain under the direction of the oommon council shall extend l^nli^ax'* and apportion said tax ou the assessment roll delivered to him as on asaotw- aforesaid, shall forthwith file the same, and shall make a full duplicate ^c.'^'' ^^^ or copy of the same with the tax so extended and apportioned, and shall certify such copy to be a correct duplicate of the city tax roll ; BQch roll shall then be delivered to the city treasurer of said city, with Rou with a warrant annexed, under the seal of the dty, commanding him to ^'b^ ^e. receive, levy and collect the several sums in the roll specified as Hvercd to aaaessed against the persons or property therein mentioned or described, ^**'^®'- with such rate x)er cent, as is in this act provided, in the manner pro- vided by law for the collection and levying of oounty taxes by town ' collectors, and to return said warrant and roll within ninety days after the date of the warrant'. Immediately on the delivery of the roll and Notices, the warrant to the city treasurer, he shall publish notice thereof in one or more newspapers published in said city, and also a notice that he will attend at the office of the city chamberlain with said roll and war- rant, together with the roll and warrant for the collection* of oounty taxes, for thirty days next after the publication of said notice, Sundays excepted, from ten o'clock a^ m. to three o'clock p. m. to receive city, county and State taxes, and it diall be his duty to attend accordingly. ^ 6. Tne mayor, by the direction of the common council, may renew, senewai from time to time, any warrant issued for the collection of any tax or ri^t^' assessment, whenever any tax or assessment shall be returned uncol- lected, or shall not be collected, or issue a new warrant for the collection thereof. And in such a renewal or warrant shall specify the time when the same shall be returned, and direct the collection of interest interest, on such taxes or assessment as the same is given to the city by this act, and the same proceedings shall be had tikirareon as upon the first warrant All provisions of this act shall apply to said taxes and the collection thereof, and to the power and duties of the treasurer in relation to the same, after such renewal or new warrants, in like manner as herein provided upon the warrants as originally issued. \ 1. All taxes and assessments that shall remain unpaid for six unpaid months after the date of the original warrant authorizing the collection ^^] thereof, shall bear interest at twelve per cent, per annum from the date interest * -^ "^ thereon. •So in original. 660 LAWS OF NEW YOEK. [Chap. 497. If ay be saed for. Tax or as- eessment when a lien. Sale of real es- tate. Attorneys fees there- Ibr. Order to be made and en- tered be- fore sale. Ofllcer to advertise forth- with. Proceed- InMsuip. peu by payment. Sales to be for short- est period. Certifi.; cates to be made. Contents. Declara- tion of gale, when to ie^ne to pnr- chasera. Contents. Maybe recorded. HoWa grantee may ob- tain pos session and hold of the wanant, and such tax and inteieftt and the additional percentage required to be collected in section ten of title fonr, may be sum for and recovered by the city against any person liable therefor, ^ 8. Every tax or assessment, for whatever purpose imposed or charged upon any real estate ¥rithin the city, by virtue of any provifflon of this act, shall be a lien upon the real estate so charged, from the time of the filing of the roll containing the same with the chamberlain, for two years after such iiling, and if such tax or assessment ahall be returned as unpaid by any oSicer authorized to collect the same the common council shall direct the city attorney to advertise and sell such real estate in the manner hereinafter provided. The attorney conducting such sales, for the full performance of his duty therein, shall be entitled to demand and have such fees as the council shall lix, not exceeding ten dollars for each parcel of land so ordered to be sold in case the sale thereof shall be stopped by payment after advertisement, and not exceeding twenty dollars for each parcel that shall be actually sold. § 9. Before any such sale, an order shall be made by the common council which shall be entered at large in the records of the city, desig- nating and directing the attorney or officers of the city to sell, ami particularly describing the premises to be sold, and the owner or agent thereof, so fai* as the same is known to the common council, and the assessment for wliich the sale is to be made, a copy of which order shall be delivered to the oiiicer so designated, who shall forthwith advertise the sale of said premises, in tlie manner and for the time required in the case of sales of real estate on execution, and the sale shall be conducted in the same maimer, except as herein provided The proceedings may be stopped at any time befoie sale by any ])6X8on, by paying the said oiiicer his fee and the amount of the tax or assess- ment, with the interest allowed thereon by this act, and the expense of advertising. All sales in such cases shall be made for the shortest period for which any person will take the premises and pav the assess- ment, interest and expenses. Two ceiiifLcates of the sale oi eauit parcel of land so sold shall be made by said officer, one of which shall be delivered to the purchaser, and the other tiled in the city chamberlain's office ; such certificate shall contain a description of the property and the term for which it was sold, and state the particular tax or assess- ment, and the amount of the assessment, interest and expenses iof which the sale was made, and the time at which the right to*iede6m will expire. ^ 10. If any real estate so sold shall not be redeemed in fifteen months after the sale as hereinfter provided, the common council shall grant to the pnrchaaer, his legal representative os assigns, a declaration in writing, under the corporate seal, signed by the mayor and attested by the chamberlain, oontaining a description of the premises^ the &d of assessment, advertisement and sale, the date of the sale and the pe- riod for which the premises were sold, which declaration may be re- corded as lease of real estate, and shall be presumptive evidence in all courts and places that such tax and assessment was^ legally imposed, and that the proceedings to authorize such sale were correct, and such grant.ee may obtain jpossession thereof in the manner prescribed by law in relation to the persons holding over demised premises after the ex- piration of their terms without the consent of their landlords ; and shall have, hold and enjoy the said premises during the term for which * So in original. Chap. 497.] NINETY^SEVENTH SESSION. 661 fhe same were granted, to be computed from the expiration of fifteen the pre-, months after the day of sale thereof, free and clear from all claims and "^^^' demands of any other owner or occupant of the same, but subject, how- ever, to the lien of all taxes and assessments that may have been charged or levied thereon at the time of such sale or at any time thereafter, and Removai at the expiration of such term, such grantee, his heirs or assigns may fn^g^a^d f^nove any building or fixtures that may have been erected on said fixtarea. premises during said term. The city chamberlain shall keep a register Register of all declarations of sale granted pursuant to this section. Such cer- riaont' tificates diall be assignable by the purchaser or his legal rexnresentatives, cenifl. aad such assignments shall be acknowledged or proven in the manner ^^bie. required by law to entitle deeds of real estate to be recorded. The common council shall not grant a declaration of sale to any one claim- Deci&ra- ing to be the assignee of any such certificate, unless all the assignments ^^^ ^^len Beoessary to prove his claim thereto be produced and found to be to be regular, and be filed with the city chamberlain, nor shall they grant any a^^^ such declaration in any case without the production and canceling, and filing with the city chamberlain, of the original certificate of sale, unless tbe loss or destruction of any such certificate, or of any such assign, ment, be satisfactorily established by the oath of one or more persons, before the council or a committee thereof. ^ 11. If at any such sale no bid shall be made for any parcel of land, if there be the same shall be struck off to the city for a term of fifty years, and if {and to*be 8uch sale be made for the non-jiayment of any tax for highway pur- smack off poses, the money due on such tax at the time of the sale shall be paid c^.^ to that fund by the city, and thereupon the city shall receive, in the corporate name, one of the certificates of the sale thereof, and shall be vested with the same rights as any other purchaser. ^ 12. Any owner or any claimant of any real estate so sold, or of any Redemp- speciftc paH or undivided interest in or share of such parcel, may at any '***"* time, upon the expiration of fifteen months from the date of such sale, redeem the same by paying to the purchaser, his representatives or as- signs or to the city chamberlain, for his or their benefit, the amount paid by him, with the addition of twenty per cent, per annum on such amount, and the expense of any publication and all other expenses in- coned by him or them and allowed by this act, and on such payment being made, the title acquired by such sale shall cease and determine. Any person haviTig a judgment or decree, which shall be a lien on the Rcdemp. premises at any time after sach sale, dr within fifteen months there- jid" ^^nt after, may defeat the sale thereof at any time within the said fifteen crecuton. months after such sale, in the same manner and with the same effect as the owner or claimant of said premises may do, and shall thenceforward have a fiirther lien on the said premises for the amount paid by him to defeat the sale thereof, with interest, which may be add^ to his judg- ment or decree, and enjoyed and enforced by him in the same manner as though it formed a part thereof. The receipt of the city chamber- lain, acsnowledged or proven in due form of law to entitle ccmveyances of real estate to be recorded, shall be evidence of such payment. \ 18. All and singular the provisions of the act entitled ^' An act By mort- anthorizing mortgages * to redeem real estate sold for taxes and assess, ^f^- ments," passed May fourteen, eighteen hundred and forty, except so far as they are inconsistent herewith, are hereby declared to apply to all sales of real estate for taxes or assessments made under or by this act. The clerk of Dutchess county, when thereunto requested by the owner • So in orlgtnal. 662 LAWS OF NEW YORK. [Chap. 497. Search of any cefrtificate or declaration of sale issued under this act, shaU searcli Sflcate'* ^^^ certify the title of and incumbrances upon the real estate therein title. described, and shall be entitled to and receive therefor the fees author- ized by law for searches in like cases. Appro- ^ 14. The common council are hereby restricted, in making appropria- roltriou" tions for and on account of the expenses of the city, to the sums that are ed- or may be authorized to be raised therefor by this act, or by any future Borrow- acts of the Legislature. Whenever any assessments for any street stre^'im- improvement shsM have been levied and confirmed by the said common prove- council, they may borrow on the credit of the city a sum not exceeding ™®'^*' two-thirds of said assessment, to be repaid from the same within ten months thereafter. Bxpendi- ^ 15. Whenever the common council shall by the affirmative vote of 5So1>ant two-thirds of its members decide that the interests of the city require otextm- the expenditure of money on account of extraordinary damages, caused damages by the elements, or for enlar^ng the fire department, which in their Urging"" opinion cannot be paid from the said sum of thirty thousand dollar, in Are de- the second section of this title mentioned, after defraying the ordinary parttaent. ^^penses, they may make an estimate of the sum necessary to be raised for said purpose, and for each of them, if there be more than one such object, and to state the amount and objects for which it is required, Pabiica- together with the reasons for their opinion, and cause such statement thereof ^^^ estimate to be published in two or more newspapers printed in and no- gaid city, and shall give notice therein that, on a day and at a place to enec^ox be therein specified, a special election will be held at which the ques- election, ^jq^ whether the said sum or sums shall be raised or not, will be sub- mitted to the qualified voters for their determination. Said statement and notice shall be pul)lished once in each week, for three weeks next Place of preceding the said day of election. The common council shall desig- eiecUoii, jj^^ • jj gjj^jj notice, some central and convenient place in said dty for holding the polls of said election, and they shall appoint three inspec- tors as a board of inspectors for the poll of such election, and may fill all vacancies in said board, and said inspectors shall take the oath required by law to be taken by inspectors of charter elections in said dty, and in the same manner, and they shall have the same powers and perform the like duties as the last mentioned inspectors, Eveij onaiiflca- male resident of said dty, of the aee of twentv-oue years, whoae votors!^ name shall be in the assessment roll made by tne assessors of said dty next preceding said special election, and upon whose property, or upon whom, as the owner or possessor of property, a tax shiJl be assessed or imposed in and by said roll, ana no other person or persons whatever, shall be entitled to vote at said spedal election. The said assessment roll, made by the assessors, or b copy thereof, certified by the chamberlain and by the mayor or presiding officer of the said coundl, shall be evidence of the names and assessment afore- whattime said. The inspectors of said election thus appointed on the day and open.*** ^^ ^^ *1*® place thus spedfied, and from nine o'clock in the forenoon until sunset, without cloBing the polls, and in the manner provided by law for holding charter elections in said city, shall proceed to receive the ballots for the persons qualified to vote at the said special election, on BaUot^ which ballots shall be written or printed, or partly written and partly form o . printed on the inside thereof, the object for such special tax, and in the margin and opposite sudi object or statement shall be placed the words ** for " or " against ;" and if there shall be more than one object for or spedal tax proposed at any such election, then those several objects shall be spedfied on one piece of paper, and in the margin and opposite Chap. 497.] NINETY-SEVENTH SESSION. 663 each one of those eeveral objects or statements shall be placed the words ''for" or '' agaiiist/' and deposit the same in a box similar to the boxes required to be used at said charter elections. If any person offering to oath to vote at such election shall be challenged in relation to his right to vote eS^votera. thereat, by any other person entitled to vote at said election, one of the inspectors shall tender to him the following oath : '' You do swear (or affirm) that you are a resident of the city of Poughkeepsie, are of the age of twenty-one years, and that yon have not voted at this elec- tion/' If he shall take such oath, and shall be named and assessed upon said roll as aforesaid, his vote shall be received ; if he shall decline to take such oath, his vote shall be refused. All provisions of ProTi- law for punishing false swearing and fraudulent voting at the aforesaid f^?^* *® ^ charter elections, as &r as the same can be applied, and for preserving s^earine:, order at the polls, shall be applicable to the said special election, puckb£. and the proceedings thereat. The said inspectors shall canvass the inspctors votes received at tne said special elections immediately after closing vofesaiiT the polls, without adjournment, and then make a certificate under make cer- their hands, or the hands of two of them, statins the whole number ^*^®**^* of ballots received, in the case of every tax voted upon at such elec- tion, the whole number for each special tax and the whole number , against each special tax, and return the same, by the hands of one of them, to the common council, or to the mayor or chamberlain, forthwith,* thereafter. The said certificate, if received by the mayor common or chamberlain, shall be delivered by them to the common council cnter^re-^ at their next meeting, and the said council shall cause the result of Ifl^^^, said election, as appearing by said certificate, to be entered in their ntcs!™^* minutes, and if it shall appear that the whole number of votes received at such election with the word "for" in the margin and when opposite any several object voted for, exceeds the whole number coSnofm of votes with the word " against" in the margin and opposite any g*^*or"*^ several object voted for, it shall be the duty of the common council to snmstobe cause the said sum or sums of money to be assessed, levied and raised *««cB8od. with and in addition to the said sum of thirty thousand dollars and all other taxes in and by the next assessment roll, and in the same manner and with the same power and authority as herein described and con- ferred in reference to said thirty thousand dollars; provided, that the total amount proposed to be raised and to be voted in any one year at a special election or elections shall not exceed fifteen thousand aollars, and that not more than one such election shall be held in any one year, nnleas such amount is rec%)mmended or such elections directed by a vote of three-fourths of all the members of the common council. After Expendi- any such special tax or taxes shall have been authorized as herein pro- *"''®^ ^' same. vided, the common council may proceed to authorize the expenditure of the amount thereof for the object specified in their published state- ment and s£vnctioned by such election. The common council may Common borrow, if they shall deem it necessary to do so, the amount so voted, mairbor. in anticipation of the collection of said tax, and the amount so borrowed [fjjp "tj,"' shall be expended only upon the objects for which the special tax is of tax. ^ raised, and shall be repaid within one year from the proceeds of the tax. The sum and sums of money raised by any special tax shall be paid to To be and kept by the treasurer of the city, distinct from other money, and tinciffom entered in a separate account, and shall be appropriated by the common other council exclusively to the object or objects mentioned in their public '^^^^^' statement, and authorized by such election. § 16. The said common council shall not have power to bftrrow, and ^®®^^?|^ are hereby expressly prohibited from borrowing, any money on account So^ 664 LAWS OF NEW YORK. [Chap. 497. itfainst of the dty, except as hereinbefore or hereinafter provided. The said the city, council shall not create any pecuniary obligations whatever on the part of the city which shall not be payable within the year for which the council creating such obligation was elected, and which cannot be dis- charged from the income of the same year. The dvil year in said city shall be deemed to commence on the first day of January. TITLE VI. Common SECTION 1. The commou council shall be commissioners of highways to be com- ^^ *^^ ^^^ ^^ ^^^9 ^^^ ®^^^ ^^® *^^ ^^® powers and discharge all the mission- duties of commisiBioners of highways in the towns of this State, except h^h^ as otherwise provided in this act. They shall have jwwer and it shall ways. be their duty, subject to the conditions and restrictions hereinafter con- tained, Toiayont 1. To lay out, open, alter, widen, straighten, extend, contract or dis- |treeu, continue streets, highways, walks, public squares,* bridges, drains and culverte in said city, provided that no street shall be laid out, made, widened, straightened, extended, contjacted or discontinued, except by a vote of three-fourths of the common council. No street or highway in said city shall be discontinued without the written consent of all par- ties owning lands thereon. To m(\e, 2. To cause any street or streete, section or sections of anj- street or pavo *^^ streets in said dty to be graded, leveled and paved, and to fix and regu- Btreote. late the grade line of streets and sidewalks, and cause curbs to be set and sags to be made, paved and guttered of such materials as the com- mon council may direct. But after any street or section of a street shall have been once graded according to a grade line fixed by order of the common council, the grade of the same street or section shall not be changed, except upon the written application of the persons owning a major part of property adioining the same. To keep 3. To keep the streets clean and in good order, and also to pass ordi- eiealJand nances requiring the same to be kept clean and in proper order, and free in Kood from encroachment and injury ; and to require the owners and occupants or er, c. ^^ ]jouses, buildings or lots to clean the snow and ice from the sidewalks and out of the gutters opposite their premises. To re- 4 To require the owners of buildings and lots on public streets to ownora make and maintain sidewalks opposite their premises, and to prescribe to dmatn- ^^^ direct the materials out of which and the manner in which such tain Tide*^ sidewalks shall be made, and the time within which they shall be com- waiks. pieted, and to regulate the grade, width, shape and construction thereof. To pre- 5. To prevent and to summarily remove all obstructions and incum- sttnc?**' brances in or upon tl " ' ■' " '• ^ i^ .^ , i^ii. tions, Ac. grounds in said city. brances in or upon the streets, sidewalks, highways, bridges and public siiade 6. To direct the planting and rearing of shade and ornamental trees men^*" 1^^ ^^^ Streets and public grounds of said city, and to pass ordiuances trees. for the preservation thereof. Pnbiic 7. To improve and ornament public parks and pleasure grounds, and parks, Ac. ^^ p^g^ ordinances and regulations concerning their preservation and use. Common ^ 2. Whenever the common council shall order a street to be paved or ^SS^ex^ macadamized, or a sidewalk to be made, altered or repaired, or curbs ^avfn* Sr *^ '^ ^^^ ^' ®^ ^ ^ made, paved or guttered, they shall^ ascertain nT^alam- the expense of such improvement, and shall enter the amount thereof l^^t ^^ ^^^ miltiutes of their proceedings, and shall then assess the same upon bnUdJiig the real estate along or in front of which sudi paving or macadamizing, Chap. 497-1 NINETYSEVENTH SESSION. 665 or said walk is ordered to be made, altered or repaired, or such curb to sidewalk, be set, or sag to be made, paved or fl^uttered, in proportion to the num^ feaiet^^ ber of front feet of each lot or parcelof said real estate. The amount state in 80 assessed shall be collected in the manner hereinbefore provided for wWch the the collection of taxes for city purposes, and each assessment shall be a ^^e'^onlo**^ lieu upon the premises on wnich it may be assessed, and may be collec ted by a sale of such premises. And all the provisions of the iifth title of this act in relation to the collection of taxes for city purposes, and the sale of lands for taxes shall apply to the collection of such assess- ment, and to the sales of land for that purpose, and such assessment shall be collected by the treasurer of the city. The common council, Pctwonof however, shall not order a street to be paved or macadamized, or side- cmuiltton walk to be made or altered, or new curbs to be set, or new sags to be ^Jj^*;**',f°. made, paved or guttered, except on petition therefor, in writing, filed fngf &S. ^" with the chamberlain, and signed by the owners of a majority of the froutage upon the street or section of a street where such improvement is proposed to be made. ^ 3. Whenever any encroachment upon, or obstruction of any public Expenses street or highway in said city shall have been removed at the expense fn^ en?^ of the city, the common council shall ascertain such expense and enter ^^*J^ J^ the same in its minutes, and the amount thereof, together with all fees obstmc- of officers and expense of collection may be collected by action in the JJ^J^cteJ name of the city, against the person or persons causing such encroach, meat or obstxuctions, or maintaining the same after notice requiring its removal. ^ 4. Whenever a petition to lay out a new street, signed by the own- jproceed- era of a majority of the frontage on the line of said proposed street, or a o",^new*^ petition to alter, open, widen, extend or grade any street or section of a streets or street or highway, signed by the owners of a majority of the frontage wiSenrix- on said street or highway, or on the section of said street or highway ^^^l proposed to be improved shall be presented to the common council, if street, the said council shall decide by the aflBrmative vote of three-fourths of all its members, except in the case of grading, and then by a majority of them, that such improvement is necessary, they shall cause such maps. Map, snr- Burveys, profiles and drawings to be made, showing the proposed ^®y®» **^- improvement, as they shall deem necessary, and appoint a day, not less Notice of than two weeks thereafter, for their final determination thereon, and ^e"'*"^- cause notice of such day and a brief desciiption of suith proposed improvement to be published for ten days prior to said meeting in one or more of the city daily newspapers. At said meeting, or at such Hearing, adjourned or subsequent meeting as the common council shall order BQch hearing to be had, they shall hear such reasons as shall be given by or on behalf of persons interested for or against the making of such improvement. In case the common council shall decide to make such order to improvement, they shall then and there make an order for the same, eort, which shall contain a what to description of each parcel of land necessary to be taken for such contain, improvement and the value thereof, and a statement of the interest which each has therein, and of the damages sustained by means of such improvement by each person entitled to be comx)en6ated,aud also a statement of the expenses of the proceedings, and of the entire cost of the improvement. The said report shall also contain a description of each separate parcel of land which in the judgment of the commis- sioners will be benefited by the improvement and the names of the owners thereof, and of the interest of each person therein, and an assess- ment upon each such parcel of land benefited, of the proportion of the entire cost of the improvement, which such parcel ought, in the judgment of the commissiouers, to bear. All the cost of sudn improve- ment shall be assessed upon the property benefited, in accordance with compen- the provisions of this title. The compensation of the commiesicffiers, cJlrami?.^ at t^® 'ate of three dollars per day for the time necessarily employed sionerg, by them, together with the expenses of printing, shall be audited and adjusted by the common council and included in the cost of the im- provement. Reaidae ^ 6. When a residue shall be left of any lot or lots necessary to be of iqu^ 4iaken for such improvement, the commissioners may, in cases where jury or injustice would otherwise be done, and with the consent in .497.] NINETY-SEVENTH SESSION. 667 I fvittiai^ of the owner or owners of sach lots, include the whole or any in re. of such residue in their report (briefly describing the same) and ^'^' separately the value thereof. Every such residue or part of a when which shall be so included shall, upon the confirmation of the ^^l%to ]!qK)rt, as hereinafter provided, and the payment of the amount at veetB in i tile same shall be so estimated by the treasurer as hereinafter pro- ^^^'' triied,Testin fee simple in the city of Foughkeepsie ; and the common iManeil shall thereupon sell and dispose of the same at a price or prices Wt less than the sum at which it ^all have been so estimated to the ovmer or owners of the next adjacent lands ; and if he or they shall not, saie ^KNii reasonable notice (to be determined by the common council) elect ***®^®^^' t0 take the same at such price or prices, it shall be sold and disposed of It public auction, upon such notice as the common council may deem wyper, fbr the best price or prices which can be obtained for the same. Ik case the same shall sell for a sum less than that at which its value ms esHraated by the commissioners, the deficiency shall be deemed a part of the general amount of loss and expense arising from the improve- ■Mrf. And for the purpose of providing for the event of such defideney, and for the payment thereof, the commissioners shall include k the estimate and assessment of the expenses of such improvement, *e estimated value of any such residue, or part of residue which may be neiuded as aforesaid in their report ; and upon the sale of the same as •hove provided, the proceeds thereof shall be credited to each of the jwvsons assessed, in proportion to the amount of the respective assess, ■ent against them. \ 1 After the said report shall be completed, it shall be iiled by the Report of wmimsBianeTS with the chamberlain of the dty ; they shall cause a SSn "rl^to Botics to be printed in one or more of the newspapers printed in said be filed. dty, that the same has been completed and iiled with the said chamber- lain, and that they will meet at a time and place to be named in said notice, which shall be at least ten days after the first publication ftereof, to view their said report. During that time the said report may objec- be examined free of exi)ense by all persons interested, and at the time ^*^'**- wid place so specified any such person may offer objections in writing, ■nd accompany the same with such affidavits as he may think proper ; s&d the said commissioners shall meet at the time and place spediied in sndi notice, and shall thereupon, or as soon thereafter as conveniently Keview n»y be, review their said report and correct the same where they shall reVlioS'of deem it to require correction, and then again file the same with the report. diamberlain of said city. The chamberlain shall, thereupon, cause a Notice of Ofttioe to be published in one or more of the newspapers printed in uon oi^ said dty, that the said report has been so completed and filed, and that ^^^9^"^ application for the confirmation thereof will be made to the county Sppii^ca- ooQTt of Dutchess county, either in term or vacation, or to the Supreme ^^^^^^^^g^, Ooort at a special term thereof in the second judicial district, at a time tion *ad place to be named in such notice, which time shall not be less than ^^^^^^^^ tweuty days after the first publication thereof. During the said space Report to of twenty days the said report shall remain open to the inspection, free J^iSfpeo- of expense, of all persons interested therein, and any such person may, ^on. ^hin that time^ appeal from the said report, by serving a notice of Appeal appeal upon the chamberlain of the city, at least five days before the JSn! ^^" ^e when the report is to be presented to the court for confirmation, which notice of appeal sliall contain a brief statement of the objections Notice of. to Said rex)ort, and the particulars in which it is contended the same OQght to be altered ; and such hotice shall be accompanied by copies of tbe i^davits which shall have been delivered to the commissioners, at 668 LAWS OF NEW YORK, [Chap. 497 their meeting to review their report (if it be intended to nse or refer ii such affidavits on the hearing of the appeal). Appeal, ^ 8. Such apjyeals shall be heard by the court to which the Bai< ^ heaM. J^P^t shall be presented for confirmation at the time the same shall hn so presented. The affidavits of which copies shall have been m delivered and served as aforesaid, but no others, may be read agaixus coniirming the said report, and affidavits may also be read to snstaii the same, but no cause against such confirmation shall be heard except an appeal shall have been made in the manner provided ii the last section. If no sufficient reason to the oontrai^ shall appeaa to the court, they shall confirm said report ; or if, in their opinion, the When same ought not to be confirmed, they shall refuse to do so ; and in the t^^efc? event of such refusal they shall refer it back for revision and corredion red back to the Same or other commissoners, who shall proceed to revise and ^or^orrec- ^pj.Q^|j ^j^^ same, and file it, or a new report, with the chamberlain of Notice of said city. The chamberlain shall thereupon cause a new notice to be ?eport!*c[ published in the manner required in the last preceding section of tlie filing of such report, and of an application to be made for the eonfirma* Appeal tion of such report. The said report may be appealed from in the same ceed^ngi manner and within the time specified in said last x^^eceding section, thereon, and such appeal shall be proceeded upon, and such report disposed of in the manner required in this section ; and as often as any sudi report shall be referred back for revision and correction, the like proceedings shall be thereupon had as are provided in this section upon a firat Conrt may reference back to the commissioner. The court shall have jwwerto spw^flo direct specific alterations in such report, and such alterations shall then altera- be made in its presence, and they may thereupon confirm the report so ^^^'^' amended without further notice. The court, to which any such report Costs. shall be presented for confirmation, shall have discretionaary power to award costs against the appellant in cases where the appeal shall not be sustained. ^ 9. After the report of the commissioners shall be confirmed as afore- said, the said report shall be delivered to the common council, who shall Aweaa- then authorize such improvement to be made. All assessments con- be^Reiis! taiued 'in the report so confirmed shall be liens on the premises on Howcoi- which the same are assessed, and shall be collected in the same manner lected. 1^ ig hereinbefore provided for the collection of taxes for city purposes, and the premises charged with such assessments may be sold for the Sales. payment thereof, and all the provisions of the fifth title of this act, in relation to sales for taxes, shall apply to the sales for the collection of assessments, and the same, when collected, shall be paid to the dij Treasnrer treasurer. The said treasurer shall pay to the persons to whom com- awar'ds. pensation is awarded in such reports, the amount awarded to each respectively without any deduction ; and in case such persons, or any of them, shall refuse to accept such damages, the said treasurer ehajl deposit the same in one of the banks of said city, for the use of auch Cpnrt to persons, and x)ayable to his or her order. And in ease any person to howcom- whom compensation is awarded shall be an in&nt, or insane, or not a pensation resident of this State, or unknown, the court confirming such report at fan"* in-' the time of such confirmation, or on a subsequent application, shall aSS^o?*'' direct where and in what manner such compensation awarded to such noD-resi- person Shall be paid or deposited for his or her benefit, and the treas- be'paw!'* urer shall pay or deposit the same accordingly. Ux)on such compeiisa- When the tion being duly paid or deposited as aforesaid, the laud for which the appropr^. Compensation was awarded may be taken and appropriated by the city .497.] NINETY SEVENTH SESSION. 669 fte porpoee of improyement, ss stated in the other^ directiiig the atetb« 4 Id Wtsnever the common council ehall cause any street to foe Grading, ^nded they shall ascertain the expense of such improvement, and ^™n™fuo Iter the amount thereof in the minutes of their proceedings, and shall ascertain asesB the said amount upon aH the real estate in the said city ^p^'^^^* benefited by the improvement ; in which assessment they shall forieflv denibe the parcel of real estate on and in resi)ect of which any sucm anseumeut is made, and the amount assessed upon each x^aroel of land, AssesB- and ghall thereupon cause a notice to be published in a public news- ™ee thar faper iffinted in said dty, for ten days, that such assessment has been same maaik uid filed, and that the common council will meet at a time to be m^cuTand BftBed in said notice, not less than two weeks after the first publica- ^^^^* ^• tkHi thereof, to hear any objections which may be made to such assess- veflt, and in the meantime the said assessment may be examined without expense by any person desiring to examine the same. Ai the time and place spediied in such notice, the common coundl Hearing aball hear such objections as shall be made to the said assessment, and ^l^i^^ ibaO review the same, and may adjourn such proceedings from time to time, and may alter and amend the said assessment in their dis- esetloQ; and when they shall deem it to be correct, they shall confirm Confirma. Hie same, and the amount shall then be collected in the manner herein. ^^^ hefore provided for the collection of taxes for dty purposes, and each ment and ■iwriijment shall be a lien on the premises on which it is assessed, and tbem>r^^ nay be collected by a sale of premises ; and all the provisions of the fifth title of this act in relation to the collection of taxes for dty pur. poses, and the sale of lands for taxes, shall apply to the collection of nch assessment and the sale of lands for that purpose ; and such assess- ment shall be collected by the treasurer of the dty. TITLE VII. OP THE POLICE DEPAHTMENT. Sbction 1. The recorder of said dty shall, except in cases of his Recorder, abeenoe finom the dty, or inability from sickness or other cause to act, dlcionf have jorisdietion exclusive of any justice of the x>eace or other ofiicer in said dty, except the mayor and judfi^es of courts of records ; to issue all cnininal process and all process other than, in dvil actions, which a angle justice or two justices of the peace in towns are empowered or diiected by law to issue ; to hear all complaints and conduct all exami- nations in criminal cases ; to hold courts of special sessions, with all the power and jurisdiction of such courts as regulated by statute ; to try, convict and sentence all persons who may be guilty of any offenses which are triable by courts of sx)edal sessions, and to commit for trial all peiBons who shall be guilty of felonies not triable in such courts. \ 2b The common council of said city shall provide a suitable ofiice in common aud city tot said recorder, whose duty it shall be to attend at such S? movido office at all reasonable hours, and to hear all matters within his juris- ontee, dietion. \S. In case of the sickness, absence from the dty, disability or in case of inability to act of the said recorder, his powers and duties are hereby J^^jU^' omfetred and imposed upon either of the several justices of the peace Uce of the of the said dty. And in case any warrant issued by the said recorder Se^^rm Aall be returned during his absence from the said dty, or sickness, hiadaties. *~'^— — — » .»—«»»*»»_■ I ^^— fc»i , — — — 111 .— ^— ^■^^— ■■ ■ I ■ ■■ . ■■ ■ * So in original. 670 LAWS OF NEW YORK. [Cbap. 49 Warrant retnraod in ab- scence of recorder, proceed- ingson. Bill for services to bo pre- sented to common council. Fees. Costs, fines, Ac., to be paid to the chamber- lain. Record- er's salary. How paid. Complaint against a Ijorson lolding a license, mayor or recorder may hear. Determi- nation to be filed with chamber- Uiu. Kotiee of hearing. App(* any further prooeedings on soch warrant may be had before any jn of the peace of said city, and a justioe of the peace, having once obtaine jurisdiction over any matter under this section, may retain it and pof ceed to the determination of it, and shall be entitled to receive for H services the same fees that justices of the x)eace are entitled to leoeiTi to be audited, allowed and -peAd in the same way. In signing* procai he shall add " acting as recorder.'' The bill for sudi services perfonne by a justice of the peace shall be presented, duly verified, to the ooa mon council at the next regular meeting thereof after such s^rvm shall have been rendered ; and in case of an omission bo to do, the cit shall not be liable to pay the same. And every case or |MOceediiij heard by a justice of the peace acting as recorder, shall be reported b; such justice to the recorder immediately upon his resuming the dutia of his office. i ^ 4. The said recorder shall not be entitled to receive for his owi benefit any fees for services performed under this act, but he e^ai demand and receive, before issuing any process or taking any reoogni zance, the fees xnrovided by law, and all fees and charges which may b€ legally payable, whenever any suit or proceeding pending bef<»e faioi sluill be settled or dismissed by consent, including constable's fees ; i^ such costs and fees, and all fines imposed and collected by said record^ shall be paid to the chaiQiberlain once in every month ; the recorder shall keep an account of all sudi fees and fines, and of all the eriminai business done by him, in two sex)arate parts, one of which shall consist of such items as are town chaiges, and the other of such as are coun^ cJmrges, and in lieu of the fees he shall receive an annual salary of fifteen hundred dollars, and be entitled to the use and oocajiatioii of a suitable room to be furnished by the common council, as pro*- vided in section second of this title, which salary shall not be air tered during his term of office, and shall be paid and allowed by the board of supervisors of the county of Dutchess, on presentation of his account as aforesaid, duly verified ; and said salary ^all be apportioned by said board of supervisors, from and according to the account of fees and services as town and county expenses ; so much of said salary as shall be properly chargeable to the county shall be paid by the county, and the balance of said salary shall be paid by said city of Poughkeep- sie, and said salary shall be raised and "pedd bv the said board of super- visors as town and county charges are allowed and i)aid, as herein prcr vided. ^ 5. The mayor or recorder of the dty may hear, in a summary way, any complaint for any violation of the laws of the State, or the ordi* nances or the corporation, against any person to whom a license of any description may have been granted in pursuance of this act, and may compel the attendance of witnesses on the hearing of such complaint^ in the same manner as justices of the peace in the trial of civil causes, and on such hearing may annul such license or suspend the same fer any certain time. Every determination on such complaint shall be forthwith filed with the chamberlain of the dty, who shall serve a cer* tified copy thereof on the person holding the license affected by such determination, either personally or by leaving the same at his or ber usual place of abode or business ; and from the time of such service, license shall be deemed to be annulled or suspended, aooording to th^ tenor of such determination, until the same shall be rev^rsea bjr die common council. At least twenty*four hours' notice ot the time and of hearing such complaint shall be served on the persons oom- of, and such person may appeal from the determination of the k 497.] NINETYSEVENTH SESSION. 671 reoordery within forty-eiglit hoore after the same shall have made to the commou council, who shall have power to reverse or ^e same ; but such appeal shall not suspend or in any manner sack deteormination until the decision of the common council ii ^6l Tlie oonunon council of said city shall annually, as soon as prac- Common ^ after the annual election, appoint two proper persons to be appoint ^ constables for said city, who shall hold their office for one year, police until successors shall be appointed. The said police constables u^s!^ possess the exclusive power of serving all criminal or other pro- Their issued by tiie recorder or actiog recorder or mayor, and of per- po^'<««- ttmog all acts in relation to criminal offenses which police officers or flBitables are authorized to perform, except that every constable of said ufy shall have power to airest and bring before a proper officer for ex- vuBation, any x>er8on who may, in the view or presence of such officer, lectuHy of any offense against any of the laws or statutes of the 8tate. BnaU be the duty of the said police constables to attend at the re- Their wd^'ft office at all reasonable hours of the day, to obey at all times all ^°^^^- moeem or directions of the mayor or recorder, duly issued or given, ill the preservation of the public peace and order, and to arrest, when- 9m they shall be called upon or sent by the mayor, recorder or com- BOB eoandl, to keep the public peace ; or to arrest any person charged idfii any offense, la any case of the absence coutinued, continued de- Mayor or tailion or inability to act of both said constables, the mayor, recorder maySi^g or acting recorder may designate any person by an appointment in nate per- writiiigy to serve any process issued by either of such officers. Every ^?v^pro. l^etson BO appointea shall possess all the powers of a police constable <^®»- Bnder this act in relation to the particular process of service for which disappointed, and which must be specified in such written appoint- ment. ^ 1 The said police constables shall not be entitled to receive for xot to re- tfciar own use any fees for services x)erfonned by them of a criminal ^^^^ ^®^*' aatare, issued by Hae recorder or any justice of the peace acting as iworder under tnis act, but each one shall receive the anntial com- Their pensation of three hundred and fifty dollars, or such less sum as the ^atT£!°' oonuiion council shall prescribe, and in addition thereto the usual MUeage. Bileage in all cases of felonies in which he shall have traveled more than two miles to perform the services. Each one of said officers shall To keep keep a book, in which shall be entered all business done by him, and ^^^^' Aall make out hid account of all such business in cases of felonies against the countv of Dutchess, duly verified by him, which shall be Audited, and shall annually at the time of the presentation of claims Account against the county make out an account of all charges made by him ^^^^^, ^^aost the county for services rendered in cases of felonies, duly veri- ' wd, aud^ the same to the board of supervisors of the county of I^hes^ which board shall audit and levy the same as other county <^baiges, and ha&d the same over to its chamberlain as money belonging to the said city ; and all fines received by said police constable shall ^ pud over to said chamberlain. The said salary of said police salaries amstables, and their mileitfe fees allowed by this section, shall be JjJj'J*^®' ^pditod and paid as other cnarges against the said city out of the con- audited, tUHT^nt fond thereof. The mayor of said dty shall be authorized ^' wkenever tihe public interest shall require, to appoint special constat special W68, not exceeding twenty-five in number, who shall hold their office by bJes^ may , , appoint. • So lAO^irlnAl*- k 673 LAWS OF NEW YORK. [Chap. 49^ virtue of such apx)ointment for such period as tbe mayor sliail dii«el not exceeding two weeks undex any one apX)ointinent. > Bucfa specaal co« i Oath of stables shall forthwith take the oath of office, and shall theretixx>n bfi office. come vested with all the powers and shall disdiarge all duties of polki constables under this act and in pursuance of the statutes of the Sta.te, i they may be directed by the mayor or other competent authority ; aa! whenever any special constable shall be appointed by the commoll council of said city, they shall take the oath of office in like maiiiieii and shall possess the power and discharge the duties of police oonste Compen- bles as aforesaid. And the common council shall be authori23ed. to fia Mtion. ^^Q compensation of all such special constables. Night po- ^ 8. The common councdl are hereby authorized to appoint propd mo^n ^^'^ persons, not to exceed twelve in number, who shall serve and b« conncii kuowu as the '* night police," each of whom shall hold office during' tbi polnt?^ pleasure of the common council, by virtue of such appointment, il Powers shall be the duty of the persons so appointed to perform all polkn and da. ^^^^ ^^ niffht, Under such regulations as the common council shall pie^ scribe. They are hereby authorized to perform all acts in relation to criminal offenses, which police officers aie authorized to perform, and shall have power to arrest and bring before a proper officer lor exami* Compen- nation any person who may in their view or presence be guilty of any sauon. oifense aminst any of the laws or statutes of the State. The common council Miall fix the compensation of such (^cer, not to exceed twB dollars per night. TITLE Vin. OF TH2 FIRB LIMITS ANJ> THE PREVENTION AND EXTIKQUIiSHHENT OF F1RE& Fire lim- SECTION 1. The fire limits as now established in the city of Pougli- reroafn in ^^^psie, and the provisions regulating the erection of buildings witfaia force. such limits, shall remain in force under this act, subject to the power of Common the common council to alter the same ; and hereafter the said (sommon may fix coundl, for the purpose of guarding against calamities by fire, shall " uwn ^*^^ *^® power, by ordinance, from time to time, to prescribe the nvhici? limits in said city within which wooden buildings shall iK>t be erected iSniidhigs ^' placed, and to direct that all or any buildings within the limits pre^ shall scribed shall be made or constructed of stone, brick or metal, with -par* ere^oCL, tition walls, fire-proof roofs, and brick, stone, or metallic cormees and Ac- ' eave-troughs, under such penalties as may be prescribed by the common PenAities. council, not exceeding one hundred dollars for any one ofi^nse, and Ihe further sum of twenty-five dollars for each and every week any build* ing so prohibited shall be continued. Buildings ^ 2. Every building hereafter erected contrary to the foregoing prtyri- cOT?trwy edons, or to any ordinance made in pursuance of the foregoing eeotioti, is t^ above hereby declared to be a common nuisance, and may be abated and Seciared^a removed as such by the direction of the common council of said rfty. nuisance, ^ut the oommou couudl shall have the power, in their discretion, on an ^^d^Jtions application to them for that purpose, to authorize the owner of any pain to building constructed of wood, witlun said fire limits, to make additions buu^l*^ and repairs thereto of wood, provided such addition sh&ll not be of soffi- ■ dent size to constitute a dwellinghouse, workshop or store, if tbe main building giiould be removed, or exceed in front twelve feet in width ; ProTiao. provided, that no such permission shall be granted until tilie applicant has filed with the chamberlain a diagram and specifications showing the plan, location, dimensioiiE and nature of such addition and repairs, and the resolution granting such pennipsion shall set forth the location, plan 497.] NINETY-SEVENTH SESSION. 673 us and natui^ of such addition and lepairB, either in its terms, bgr reference to a diafiam and spediieations Hied -with the eham- n. ^i. The common council of said city is hereby Tested with all the Powers of end snbject to all the duties of the trustees of the village of councn"^to keepsie, in the act entitled "An act to prevent fires in the village prevent Fooghkeepsie," passed July eighth, eighteen hundred and fifty-one. ^^^' " Hie recorder of said dty is vested with all the powers and subject; Recorder, all the duties of the police justices vested in said act, which is hereby ^"^ewof. itintied in fall force. \ 4 The common council shall have power, by ordinance, to regulate Common eeoBstroction of chimneys so as to admit chimney sweeps, and to may reffa- [•Bipel the sweeping and cleaning of chimneys, fines, stove-pipes and ^^^^ con- ifer cooductors of smoke, and to prevent chimney sweeps from sweep- o'/Uwm? ilg nniess licensed as they shall direct ; to prevent a dangerous con- ^ey^* *«• liniction or condition of chimneys, fire-places, hearth-stones, stove« I^Ks, ovensy boilers and apparatus used in any building or manufac- iRy, and to cause the same to- be removed or placed in a safe and secure •■dition when considered dangerous ; to prevent the deposits of ashes Deposit of buiBafe places ; to regulate and to prevent the carrying on of manu- work8,&e. idories dangerous in causing or promoting fires ; and to refi^ulate and lievent the use of fire-works and fire-arms within the citv limits ; to onpei the owners and occupantiS of houses and other buildings to have scntues, toittles in roofs, and stairs and ladders leading to the same ; to author- **^* ke the mayor, aldermen, fire-wardens or other officers of said city to keep away firom the vicinity of any fire all idle and suspicious persons ; to eompel all officers of said city, and other persons, to aid in the extin- goiiriunent of fires, and in the preservation of property exposed to danger fereat ; and generally to establish such regulations for the prevention V extinguishment of tires as they may deem expedient. 1 5. llie mayor and aldermen shall be fire-wardens, and shall possess Fire ward- tU the powers of fire-wardens under this act. ®"^* \ 6. The fire-wardens shall have power at all reasonable times, and it Mav enter *all be their duty to enter into and examine all the dwelling-bouses, l^i^^' oathoQses, lots and yards in their respective wards, in the day time, to dwelling TBm^&d all places therein where fires are used, to ascertfkin how ashes ac"**** ^ kept, to direct obedience to all ordinances of the common council ndating to the prevention of fires, and to report to the common council ^l inmctions thereof, that are not fortliwith amended. ^ 7. The common council shall procure fire-engines and other appa- Fire en- ittos used for the extinguishment of tires, and provide fit and secure ^pp^Ja- engbe houses and other places for keeping and preserving the same tos, Ac Wwenever authorised by a vote of the iTmabitants of said city, as pre- Htibed by section thirteen of title five of this act, and shall have the ^Tge and control of the same, and shall have X)ower to organize fire, Fire com- Itook and ladder, hose and axe companies, to prescribe powers and J""*^^' toes of the chief engineer and the two assistants, and to appoint a competent number of able and reputable inhabitant of said dty fire*- B^n to take the CBoe and inanagement of the engines and other appa- nio8 and implements used or provided for extinguishment of fires ; to V^eBcribe the duties of firemen, and to make rules and regulations for Dntics of fteir government, and to impose such reasonable tines and forfeitures &^"®"' iipou said firemen for a violation of the same, as the said^ council may deem proper, and for incapacity, neglect of duty or misconduct, to re- ttore them and appoint otiiers in their places. 674 LAWS OF NEW YORK. [Chap, 41 Bxemp. ^ 8. The engineen of the fixe depaxtiiientt ftre^waidens and all |b loij and ^^^f ^iook aod ladder, hoee and axemen of the dty, shall be exfiBi mintiA from serving on juries in all cases, and from serving in the militia^ e *^^^^' oept in cases of war, invasion or insurrection, and fixan highway pQJ tax. The name of each person appointed to any of the said oSkoom i post shall be roistered with the chamberlain of the city, and the B§ dence to entitle him to any exemption provided in this section shall ] the certificate of the chamberlain, made within the year in which til exemption is claimed. ^ Fivejean § 9. Every fireman who shall have faithfully served as such ia ati fiTMnan^ city, including as well any period before as after the passage of this aa exempts five cousecutive years, shall be thereafter exempt from serving on jun| an ™m?i? ^^ ^^^ oourts, or in the militia, except in caaes of war, invasion or icuHi tia a«r- rection, uid the evidence to entitle such person to the exemption a9 pMj ^ ^' vided in this section shall be a certificate under the corporate seal^ si^nei ^ by the mayor and chamberlain. TITLE IX. THE LAMP DISTRICT. Lamp Section 1. The present lamp districts of said village of Poughkeepsoi districts, are hereby made and constituted lamp districts of said city, under th€ amtrol and management of the common council, and the costs and ex- Expenses penses of maintaining and keeping in repair the lamps, lamp posts and b^rae by ^^tures, and the expense of lighting, and of gas shall be borne by the dift. such districts, which expense shall be assessed and apportioned by gaid ^^ ^^' common council as a tax against the real and jiersonal estate in such dish trict, to be ascertained and fixed by the last assessment roll of said city^ To be col- and shall be levied and collected with and at the time of the city taK wft^clty ^ftinst such owner or owners of such real and personal estate. All tax. such moneys shall be kept by the treasurer distinct from other moneys and entered in a separate account, to be known as the lamp fund, other ^ 2. Whenever the common council of said dty shall deem it expe* tricto/^^ dient and necessary to establish other lamp districts in said city, they how cs- shall call a meeting of the owners of the real estate fronting on the streets ^ ^^® * and sections of streets within such proxx)sed district, at some oonveuient place, by causiug notices of, and stating the object of such meeting, to be published at least two weeks successively in one of the public news- papers printed in said dty ^ and whenever the owners of more than one-half the number of feet fronting on either side of the street and sections of streets as aforesaid shall, at such meeting, by themselves or their agents, duly authorized in writing, vote for or assent to the light- ing of the streets in such districts in this act mentioned, then the said common coundl shall thereby be authorized and directed to cause lamp posts and lamps^ with suitable fixtures, to be placed at proper distances within such district or districts, and to cause the same, firom and after the fiist day of January then next, to be lighted with gas or any other article during the night,^or such portion thi^reof as they may deem best Expenaos § S, The oost and expense of purchasing, erecting and fitting up such flxtaresf* l^nip posts, lamps and fixtures, shall be assessed and apportioned by ao^Jjow said common coundl, as a tax among the respective owners of the several parcels of real estate fronting on either side of the streets and sections of st^ts within the proposed districts, according to the nam* To be eoi. ber^f feet fronting on such streets, and sections of streets, and ^all be wuiTeity levied and ooUedm with and at the time of the general dty tax^ againsi texee. such ownors on aocouiit of the respective parcels aforesaid ; and ^'" P.4W.] NINETY-SEVENTH SESSION. 675 ooste of aad expenses on lighting said etreetB, and of making the _ alteiations and repairs of said posts^ lamps and iLxtores, shall le, assessed and apportioned against the real and personal estate district, in the same manner as is alj^ve provided, and shall in }mmA manner as above provided be added, levied and colleeted with time of the general tax of said city, against the owners of such land personal estate respectively. A. The said common council may from time to time make any addi. to said lamp district or districts they may deem proper, and may ~ce manner, as is provided by the second section, become authorized directed to cause lamp posts and lamps and suitable iixtures to be at a proper distance ¥dthin such additions, and the costs and thereof shall be borne, assessed and apportioned among the ive owners of the several parcels in the same manner as is pro^ in the kust section, and in every other respect every such addition be deemed a part of the original lamp district, and be subject to the provisions hereinbefore made in relation thereto, in the same as if it had been originally included in the lamp disfjict. TITLE X. OP SCHOOLS AND THE BOARD OF EDUCATION. '^Bcnom 1. There shall be elected in said city at every annual election, eomrnisBJoners of schools, who shall hold their ofhce for three years, till their successors shall qualify. i 2. The said commissioners shall meet on the first day of January in I IMh year unless tiie same shall be on Sunday, in which case the^i; shall laeelon the next day, and organize a board of education; they shall ieet one of their number to be president ; they may employ a dierk at I^Maooable compensation, and a librarian, to have the charge of the Cblie library, and may pay him a reasonable salary out of the school ad of the city. They shall have the charge and control of the public ^AooHb in the city of Poughkeepsie, and shall exerdse the powers and ^^adiaige the duties in respect to said schools of trustees of school diEu tiKts under the statutes of this State ; they shall also have diai^ and SAtiol of the district school library, which shall be hereafter known as ^dty library of Poughkeepsie, and may make all necessary and proper i^l^tioQS concerning the same; and they may appropriate for the )^fit of said library, out of the moneys annually raised in sadd city ^ the school tax, an amount not exceeding five hundred dollars^ in ^ditioa to the library money received tronx the State. ^ 3. The board of education shall, on the first day of November in ^ year, estimate and certify to the common council what amount of ^vmsy, added to the money which will be received from the State, will ^needed for the support of all the schools under their superintendence ^ the next year, which said amount shall not be more tlmn three times te Bom received from the State^ specifying in detail the objects for ^bich the same will be required and the amount for each object, and ^ Qommon coundl £^11 cause the moneys in said certificate mentioned, 0^90 much thereof as they shall deem necessary, to be levied and col- lected as provided in section one of title five of this act. All such iitoneys ^11 be kept in a separate fund, to be known as the school fund. 1 4. It shall be the duty of the board of education to make to the <30mnK»i council an annual report on the thirty-first day of December of ^ year, setting forth the number and eonmtion of each school under Expenses ol'ligrhtingf streeta, Ac, bow bomo. Additions to lamp districts, common oonncil mav make. School commis- sionei^. To meet hnd or- ganize a board of edaca- tion. President, clerk and librarian. Powers and datics of the board. Yearly es tiraate of amount necessary for school pnrposes. C!ommon council to levT and collect same. Report of board of educa- tion. 676 LAWS OF NEW YORK. [Chap. 49? tbeir charge, and containing an exact and accurate account of all moaey> received by them and the sources from whence received, and of ilieia expenditures, and of all debts incurred by them which are unpaid, anc the objects for which such debts were incurred, and to which suoi expenditures were applied, and the persons to whom they were pai^ during the preceding year ; such repoii^ to specify, as far as piadicabto the cost of maintaining each school, and to give all other partkulaa relating to the schools. Pnrchase ^ 5. If the board of education 8hall deem the purchase or erection oi tumot' *^ additional school-house proper or necessary, they may recommend ajidition- the Same in their annual report or in a special report adopted at a reg^ hoQses.^ ular meeting of said board, by two-thirds of the members of said hoiazd concurring, stating the location they propose, the cost of the lot, and a To be plan and estimate for a building. The council of said city may thesre- to eUct^^ upon, by the affirmative vote of two-thirds of its members, submit the ors. question of the purchase or erection of such school-house to the etoctors^ being tax-payers entitled to vote special taxes under this aet, at an election to be held in the manner provided by this act in voting speciaJ taxes. The said electors shall vote by ballot, on which shall be writ. ten or printed " for a school-house," " against a school-house." If a majority of the votes cast shall be cast for a school-house, and not other- wise, it shall be the duty of the common council to certify to the board of education the result of such election, and the said board of educatioa are hereby empowered, and shall forthwith proceed to purchase a lot and erect a building, or purchase a lot and building suitable for a scboo]. house, in such location as to such board of education shall seem best. Title to The title to such lot shall be taken to and shall vest in the city of to t£e°"^ Poughkeepsie ; and the cost of building and furnishing such schooL city. house, including the lot, shall in no case exceed the amount estimated by the board of education, in their recommendation to the common Expense oouncil ; and the expense thereof, including the lot, shall be defrayed f?ayed by ^7 * general tax, which the council shall levy and collect in the same agenerid manner as other school taxes are levied and collected ; or if said conn- bSTioan. cil shall deem best, such money may be raised by loan on the credit of the city, which the said mayor and council are hereby authorized to pledge for such purpose, in the same manner'as is by this act provided Loan, in relation to loans by said city ; said loan to be paid in annual install- howpaid. ments with interest, within the period of twenty years, for which time said council shall have power and are hereby authorized to pledge the credit of said dty, or for such less times as to the said coundi shall seem proper ; and the installments, with interest, shall be levied and collected, together with the annual taxes, as the said installments become due. School ^ 6. The treasurer of the city of Poughkeepsie is hereby designated moneys. ^ ^^^ persou to receive all public money which the said city or the schools therein, are or shall be entitled to receive from the State, or by tax or loan from the city, and the said treasurer shall pay all school moneys to the president of the board of education, upon his executing and filing with the chamberlain a bond to the city of Poughkeepsie, in such sums as the coundi shall direct and with such sureties as the mayor shall approve, conditioned that he will fistithfully disdiafge the duties of his trust, and pay over or account for all moneys received by him for school purposes, and all moneys so received by said president shall be deposited in one of the banks of the said dty to the credit of How paid the board of education, and shall be paid out by him upon resolutions ®" • of said board certified by the clerk, by draft or check, containing the GiAP. 497.] NINETY.SEVENTH SESSION. 677 of tbe i>ei80ii to whom paid, and the date of the meeting' when ■eresolatioQ directing the payment of the same was passed by said loird. and signed by the presiding ojfioer of said board, and not other- 1 1. Tbe board of education shall during the month of September in Enomo- a»i year, cause to be made an enumeration of all the children then chiiaren^ HBBiding within the said city, between the ages of five and twenty-one years of age, and the president of such board shall annually, between Annnai liie first and fifteenth day of October, make to the superintendent of g'nj^^^n^ {ttbUe instTuctiooy a report for the preceding sdiool year, of all matters tenaont nd tilings which trustees of school districts are by law required tofnsmie.^ iQx»ty aad of all such other matters and things as the said superintend. ^<>i^- wd shall from time to time require. 1 8. Tbe said commissioners of schools shall receive no compensation CommU- fcr their services, and it shall not be lawful for either of them to be con- nouow- flsroed or inter^ted, directly or indirectly, in the sale of any books, ceivo nerchandise or other articles furnished or provided for the use of the saSon °<>^s»*c. i^iools by any person other than said commissioners ; it shall not be Nor be kwfol for the said commissioners or either of them to be concerned or jS^i^^i^ inteiestod, directly or indirectly, in the sale or lease of any real estate, real or tiie sale of any materials, or in any contract or contracts, for building ofniate- or repairing any school-house. Every violation of the provisions oft^^iBtAc. this section shall be deemed a misdemeanor, punishable by fine and imprifiomnent. \ 9. The said board may make regulations respecting the use and Fines and imposing fines or i)enalties for abuse of books belonging to the city Sr"abii»e Bbiary, and any person incurring any such fine or penalty shall be of booka. Babie to an action for the same by the city, and the amount received ^11 be applied as aforesaid to the use of the library. ^ 10, The title of all property, real or personal, now held by the board Title of of education of the city of Poughkeepsie, is hereby vested in and con- ^^Sr^n firmed to the dty of Poughkeepsie. <^« <^>^- \ 11. No repairs, alterations or enlargement of any school <»r library Kepnira, building shall be made by said board, the expenses whereof shall SoXao. ©xcecd five hundred dollars in any one instance, unless the said board JJ} *Jj"^^^' «hall first submit to the common council a statement showing the neces- "***' flity of such rex)airs, alterations or enlargement, and the estimated cost of tbe same, and the common council by the afiirmative vote of two- tUrds of its members shall authorize the same to be made ; and such autbority shall not be given unless there shall be in the school fund a wm sufficient to meet such expenditures and all other repairs and expenses to be incurred by said board during the current year. TITLE XI. OP THE SUPPORT OP THB POOR. Sbctiow 1. The city of Poughkeepsie shall not hereafter be subjected The city to taxation for the 6upx)ort or maintenance of the -poor of or in the ^pal-ate towns of the county of Dutchess, nor shall the towns of the county of ^^^^'the' Dutchess be taxed or required to contribute for the support of the poor porpoee of or in the city of Poughkeepsie; but such city of Poughkeepsie, forp^J^E^ all the purposes of Bupx)orting the poor within its limits, and carrying the poor. 666 LAWS OF NEW YORK. [Chap. 497. estimate term of the Supreme Court in the second judicial district, for the appoini- expe^T ni^iit of three disinterested freeholders as commissioners to estimate of im- and assess the expense of the said improvement, and the value of each meafand parcel of the land taken for the same, and the damages sustained hj 7iid° ^^ ^^y person or persons by reason of such improvement, and the amount taken to be allowed to each person respectively ; and also to ascertain and Uuarefor, determine what real estate will be benefited by such improvement, and to apportion and assess the entire cost of the improvement, with the expenses thereof upon the several parcels of land benefited thereby, in proportion as near as may be, to the benefit resulting to each. The Notice of common council shall cause at least two weeks' public notice to be pub- SSn!*^* lished in one or more of the newspapers published in said city, speci- fying the time and place at which such application will be made for the appointment of said commissioners, who may be nominated by the com- mon council ; but the court shall not be confined to the persons so nominated, but may appoint other commissioners in their place, or in the place of either of them, and may also, after like notice for such pur- pose, published in the same manner and for the same time as above directed, appoint another or others to act, in place of any one or more Party lu- of such commissioners who may die or decline serving. Any person may^'bo^ interested shall be entitled to be heard in such applications. The said heard, commissioners after their appointment, shall be sworn before eome Commis. of&cer authorized to administer oaths, faithfully and impartially to per- bo^worn! ^^^"^ ^^® duties which shall devolve upon them, by virtue of said Their appointment, and shall proceed with all reasonable diligencie to make STm.*®^' ^^® estimate and assessment in this section above mentioned, and they shall have power to enter upon and examine any premises which in their opinion will be affected by the said improvement, and to hear the proof and allegations of the parties interested, and to issue subpoenas and compel the attendance of witnesses residing in said city, and to continue such hearing from time to time as they may deem proper. Notice of Notice of the time and place of their first meeting shall be published Vug!™®*' by them, for at least one week pi-evious thereto, in a public newspaper published in said city. The said commissioners shall make their esti^ Their re- mate and assessmeut in the form of a report, which shall contain a wiiatto description of each parcel of land necessary to be taken for such contain, improvement and the value thereof, and a statement of tlie interest which each has therein, and of the damages sustained by means of such improvement by each person entitled to be comx)en6at«d, and also a statement of the expenses of the proceedings, and of the entire cost of the improvement. The said report shall also contain a description of each separate parcel of land which in the judgment of the commis- sioners will be benefited by the improvement and the names of the owners thereof, and of the interest of each person therein, and an assess- ment uj)on each such parcel of laud benefited, of the proportion of the entire cost of the improvement, which such parcel ought, in the judgment of the commissioners, to bear. All the cost of such improve- ment shall be assessed upon the property benefited, in accordance with Compen- the provisions of this title. The compensation of the commissioneis, comiSid.^ at the rate of three dollars per day for the time necessarily employed Bionera, by them, together with the expenses of printing, shall be audited and adjusted by the common council and included in the cost of the im- provement. Residue ^ 6. When a residue shall be left of any lot or lots necessary to he mav^be taken for such improvement, the commissioners may, in cases where included iojury or injustice would otherwise be done, and with the consent in Chaf.497.] ninety-seventh SESSION. 667 trritiiig of the owner or owners of such lot», include the whole or any in re- part of such residue in their report (briefly describing the same) and ^^'^• estimate separately the value thereof. Every such residue or part of a when lesidoe which shall be so included shall, upon the confirmation of the thereto flaid report, as hereinafter provided, and the payment of the amount at vests in which the same shall be so estimated by the treasurer as hereinafter pro- ^^^^'' vided, vest in fee simple in the city of roughkeepsie ; and the common eoundl shall thereupon sell and dispose of the same at a price or prices not less than the sum at which it shall have been so estimated to the owner or owners of the next adjacent lands ; and if he or they shall not, Saie upon reasonable notice (to be determined by the common council) elect ^^^^^^' to take the same at such price or prices, it shall be sold and disposed of at public auction, upon such notice as the common council may deem proper, for the best price or prices which can be obtained for the same. In case the same shall sell for a sum less than that at which its value was estimated by the commissioners, the deficiency shall be deemed a part of the general amount of loss and expense arising from the improve, ment. And for the purpose of providing for the event of such defidency, and for the payment thereof, the commis!«ioners shall include in the estimate and assessment of the expenses of such improvement, the estimated value of any such residue, or part of residue which may be included as aforesaid in their report ; and ux)on the sale of the same as above provided, the proceeds thereof shall be credited to each of the persons assessed, in proportion to the amount of the respective assess, ment against them. ^ 7. After the said rei)ort shall be completed, it shall be filed by the Report of commissioners with the chamberlain of the dty ; they shall cause a ^on'""*' irs to notice to be printed in one or more of the newspapers printed in said ^e mod. dty, that the same has been completed and filed with the said chamber- lain, and that they will meet at a time and place t compen- bles as aforosaid. And the common council shall be authorized to fix sation. ^^Q compensation of all such special constables. Night po- ^ 8. The common council are hereby authorized to appoint proper mon *^^"^ persons, not to exceed twelve in number, who shall serve and be conncii known as the ** night police," each of whom shall hold office during the poin t?^" pleasure of the common council, by virtue of such appointment It Powers shall be the duty of the persons so appointed to perform all police and du. ^^^y ^^ uiffht, Under such regulations as the common council shall pre* scribe. They are hereby authorized to perform all acts in relation to criminal offenses, which police officers are authorized to perform, and shall have power to arrest and bring before a proper officer for exami- Compen- nation any person who may in their view or presence be guilty of any saUon. oiiense aeainst any of the laws or statutes of the State. The common council Miall fix the compensation of such officer^ not to exceed two dollars per night. TITLE Vin. OF THE FIRE LIMITS A^D THB PREVENTION AND EXTINGUIiSHMENT OF FIRE& Fire Urn- SECTION 1. The fire limits as now established in the city of Pough. remafn in hecpsie, and the provisions regulating the erection of buildings within forco. such limits, shall remain in force under this act, subject to the power of Common the common council to alter the same ; and hereafter the said oommoii mav fix council, for the purpose of guarding a^inst calamities by fire, shall limua have the power, by ordinance, from time to time, to prescribe tlie ^vhioh limits in said dty within which wooden buildings shall iK)t be erected bniWinU ^' jAsjce^, s^d to direct that all or any buildings within the limits pre- shaii scribed shall be made or constructed of stone, brick or metal, with par*. Srectod, tition walls, fire-proof roofe, and brick, stone, or metallic cornices and Ac- ' eave-troughs, under such x)enalties as may be prescribed by the common Penalties, couttcil, not exceeding one hundred dollars for any one ofiense, and the further sum of twenty-five dollars for each and every week any build* ing so prohibited shall be continued. Bniidings ^ 2. Every building hereafter erected contrary to the forgoing prcm- Gontrwy sious, Or to any ordinance made in pursuance of the foregoing section, is to above hereby declared to be a common nuisance, and may oe abated and £eciare(fa i^moved as such by the direction of the common council of said dty. nuisance, gut the common council shall have the power, in their discretion, on an Additions application to th^n for that purpose, to authorize the owner of any paira'^to building constructed of wood, within said fire limits, to make additions ^oo^eji and repairs thereto of wood, provided such addition shall not be of suffi- °^' dent size to constitute a dwellinghouse, workshop or store, if the main building should be removed, or exceed in front twelve feet in width ; ProTiso. provided, that no such permission shall be granted until the applicant has filed with the chamberlain a diagram and spedfications showing the plan, location, dimensions and nature of such aadition and repairs, and the resolution granting such permipsion shall set forth the location, plan Chap. 497.] NINETY-SEVENTH SESSION. 673 dimenfflonfi and nature of snoh addition and repaira, eitheir in its terms, or by reference to a diagram and epediieationfi iiled with the cham- berlain. ^ 3. The oommon council of said city is hereby vested with all the Povren of powers and subject to all the duties of the trustees of the village of coiTncS"to Poti^hkeepsie, in the act entitled "An act to prevent fires in the village prevent (rf Poughkeepeae," passed July eighth, eighteen hundred and fifty-one. ^^^^' And the recorder of said city is vested with all the powers and subjecft Keconier, to all the duties of the police justices vested in said act, which is hereby {Jjj^ewof. continued in fiill force. ^ 4. The common council shall have power, by ordinance, to regulate Common the oonstniction of chimneys so as to admit chimney sweeps, and to S5ay Jegii- eompel the sweeping and cleaning of chimneys, fines, stove-pipes and late con- other conductors of smoke, and to prevent chimney sweeps from sweep- o'^him? ing unless licensed as they shall direct ; to prevent a dangerous con- *^«>s. *«• Btoruction or condition of chimneys, fire-places, hearth-stones, stove* pipes, ovens, boilers and apparatus used in any building or manufac- tory, and to cause the same ta be removed or placed in a safe and secure oondition when considered dangerous ; to prevent the deposits of ashes Deposit of in unsafe places ; to regulate and to prevent the carrying on of manu- works/lfe". fectories dangerous in causing or promoting fires ; and to regulate and prevent the use of fibre-works and fire-arms within the dtr limits ; io eompel the owners and occupants of houses and other builaings to have Scntues, Bcuttles in roofs, and stairs and ladders leading to the same ; to author- ^^' be the mayor, aldermen, fire-wardens or other officers of said city to keep away from the vicinity of any fire all idle and suspicious persons ; to compel all officers of said city, and other i)er8on8, to aid in the extin- guishment of fires, and in the preservation of property exposed to danger tbereat ; and generally to establish such regulations for the prevention or extinguishment of tires as they may deem expedient. ^ 5. The mayor and aldermen shall be fire-wardens, and shall possess Fire ward- all the powers of fire-wardens under this act. ®"^- ^ 6. The fire-wardens shall have power at all reasonable times, and it Mav enter diall be their duty to enter into and examine all the dwelling-houses, l^i^^' out-houses, lots and yards in their respective wards, in the day time, to dwelling inspect all places therein where fires are used, to ascertain how ashes jtc?**** are kept, to direct obedience to all ordinances of the common council relating to the prevention of fires, and to report to the common council all inmctaons thereof, that are not fortliwith amended. ^ 7. The common council shall procure fire-engines and other apx)a- Fire en- latus used for the extinguishment of fires, and provide fit and secure j|fp®aJa. engine houses and other places for keeping and preserving tJie same tn», Ac. whenever authorized by a vote of the inhabitants of said dty, as pre- scribed by section thirteen of title five of this act, and shall have the charge and control of the same, and shall have x>ower to organize fire, Fire com- hook and ladder, hose and axe companies, to prescribe powers and Jc"^®*** duties of the chief engineer and the two assistants, and to appoint a eompetent number of able and reputable inhabitants of said dty fire- men to take the care and inanagement of the engines and other appa- ratus and implements used or provided for extinguishment of fires ; to prescribe the duties of firemen, and to make rules and regulations for Dntics of their government, and to impose such reasonable fines and forfeitures ^q^^^* upon said firemen for a violation of the same, as the said^coundl may deem proper, and for incapadty, neglect of duty or misconduct, to re- move them and appoint others in their places. 674: LAWS OF NEW YORK. [Chap. 497. £semp> ^ 8. The engineers of the fire department, ftreo'waidens and all fire. jmy und^ ^^^' hook and ladder, hose and axemen of the dly, shall be exempt miutia from Serving on juries in all cases, and from serving in the militia, ex- servioe. ^^p^ -^ cases of War, invasion or insurrection, and from highway poll- tax. The name of each person appointed to any of the said offices or post shall be registered with the chamberlain of the city, and the evi-> denoe to entitle him to any exemption provided in this section shall be the certificate of the chamberlain, made within the year in which that exemption is claimed. Fiveyears § 9. Every fireman who shall have faithfully served as sach in said flremali'" city, including as well any period before as after the passage of this act, exempts five consecutive years, shall be thereafter exempt from serving on juiies and^m?i? ^^ ^^^ oourts, or in the militia, except in cases of war, invasion or insur- tin ser- rection, and the evidence tp entitle such person to the exemption as pro- vided in this section shall be a certificate under the corporate seal, signed ^ by the mayor and chamberlain. TITLE IX. THE LAMP DISTRICT. Lamp Section 1. The present lamp districts of said village of Poughkeepsie diatricts. q^q hereby made and constituted lamp districts of said city, under the control and management of the common council, and the oosto and ex- Expenses penses of maintaining and keeping in repair the lamps, lamp posta and uirae by ^xtures, and the expense of lighting, and of gas shall be borne by the dis- such districts, which expense shall be assessed and apportioned by s^d ^^^^^' common council as a tax against the real and personal estate in such dis> trict, to be ascertained and fixed by the last assessment roll of said city, To becoi- and shall be levied and collected with and at tihe time of the city tax wft^city ^^inst such owner or owners of such real and jiersonal estate. AU tax. such moneys shall be kept by the treasurer distinct from other mon^s and entered in a separate account, to be known as the lamp fund, other ^ 2. Whenever the common council of said city shall deem it expe. tricS ^^ dient and necessary to establish other lamp districts in said city, they how 08- shall call a meeting of the owners of the real estate firontiug on the streets tabhshed. ^^^ sections of Streets within such proposed district, at some convenient place, by causing notices of, and stating the object of such meeting, to be published at least two weeks successively in one of the public news, papers printed in said city ^ and whenever the owners of more than one-half the number of feet fronting on either side of the street and sections of streets as aforesaid shall, at such meeting, by themselves or their agents, duly authorized in writing, vote for or assent to the light- ing of the streets in such districts in this act mentioned, then ^e said common council shall thereby be authorissed and directed to cause lamp posts and lamps, with suitable fixtures, to be placed at proper distances within such district or districts, and to cause the same, from and after the first day of January then next, to be lighted with gas or any other article during the night,^or such portion thereof as they may deem best Expenses ^ 3. The cost and expense of purchasing, erecting and fitting up such flxtoresf ' ^^"^P P^^^'^y Uunps and fixtures, shall be assessed and apportioned by Ac, how said common ooundl, as a tax among the respective owners of the ^^^^^ ' several parcels of real estate fronting on either side of the streets and sections of streets within the proposed districts, according to the nam* To be eoi- berof feet fronting on such streets, and sections of streets, and shall be with oity levied and collected with and at the time of the general dty tax, against taxes. such ownoTs ou accouiit of the respective parcels aforesaid ; and the Chap. 497,] NINETY-SEVENTH SESSION. farther costs of and expenses on lighting said streets, and of making the Expenses neeessary alterations and repairs of said posts, lamps and ILxtures, shall gtr^'J^*^^ be borne, assessed and apportioned against the real and personal estate &c., bow in sach district, in the same manner as is ahpye provided, and shall in ^^^^' the samd manner as above provided be added, levied and collected with at the time of the general tax of said city, against the owners of such real and personal estate respectively. ^ 4 The said common council may from time to time make any addi* Additions tion to said lamp district or districts they may deem proper, and may ^^^p in like manner, as is provided by the second section, become authorized common and directed to cause lamp posts and lamps and suitable iixtures to be ^^y^^ plaoed at a prox)er distance within such additions, and the costs and make. expense thereof shall be borne, assessed and apportioned among the KSpGc^ire owners of the several parcels in the same manner as is pro^ vided in the last section, and in every other respect every such addition shall be deemed a part of the original lamp district, and be subject to all the provisions hereinbefore made in relation thereto, in the same manner as if it had been originally included in the lamp district. TITLE X. OP SCHOOLS AND THE BOARD OP EDUCATION. SBCriON 1. There shall be elected in said dty at every annual election, sehooi four commissioners of schools, who shall hold their office for three years, gSnew!* and till their successors shall qualify. ^ 2. The said commissioners shall meet on the first day of January in To meet each year unless the same shall be on Sunday, in which case the^ shall g^nizo a meet on the next day, and organize a board of education ; they shall uoard of elect one of their number to be president ; they may employ a derk at uon?^' a reasonable compensation, and a librarian, to have the char^pe of the i>resident. public library, and may pay him a reasonable salary out of the school nif^rian^ fond of the city. They shall have the charge and control of the public Powers schools in the city of Poughkeepsie, and shall exercise the powers and ^r tiie"'^^* discharge the duties in respect to said schools of trustees of school dis« board, tricts under the statutes of this State ; they shall also have diarge and conkol of the district schooJ library, which shall be hereafter known as the city library of Poughkeepsie, and may make all necessary and proper regulations concerning the same; and they may appropriate for the benefit of said library, out of the moneys annually raised in said city b^ the school tax, an amount not exceeding five hundred dollars, in addition to the library money received from the State. ^ 3. The board of education shall, on the first day of November in Yearly es each year, estimate and certify to the common council what amount of amomit*^ money, added to the money which will be received from the State, will necca^ary he needed for the support of all the schools under their superintendence pnrposes!' for the next year, which said amount shall not be more than three times the sum received from the State, specifying in detail the objects for which the same will be required and the amount for each object, and the common council shall cause the moneys in said certificate mentioned, common or BO much thereof as they shall deem necessary, to be levied and coU fev"y and^ lected as provided in section one of title five of this act. All such collect moneys ^11 be kept in a separate fund, to be known as the school ^"'^^* fund. ^ 4 It Asil be the duty of the board of education to make to the Report of common council an annual report on the thirty-first day of December of ^f,^.^^ each year, setting forth the number and eondition of each sdiool under tion. 67e LAWS OF NEW YORK. [Chap. 497. their charge, and oontaining an exact and accurate account of all moneyB received by them and the sources from whence received, and of their expenditures, and of all debts incurred by them which are unpaid, axid the objects for which such debts were incurred, and to which sudi expenditures were applied, and the persons to whom they were paid during the preceding year ; such repoit to specify, as far as practicable, the cost of maintaining each school, and to give all other particulais relating to the schools. Pnrchase ^ 5. If the board of education shall deem the purchase or erection of tion^^of ^^ additional school-house proper or necessary, they may recommend aiidition- the same in their annual report or in a special report adopt>ed at a reg* honsea.^ ular meeting of said board, by two-thirds of the members of said boara concurring, stating the location they propose, the cost of the lot, and a To be plan and estimate for a building. The council of said city may there, to eiectf** upon, by the affirmative vote of two-thirds of its members, submit the ors. question of the purchase or erection of such school-house to the electors, being tax-payers entitled to vote special taxes under this act, at an election to be held in the manner provided by this act in voting spedal taxes. The said electors shall vote by ballot, on which shall be writ- ten or printed " for a school-house,'' " against a school-house." If a majority of the votes cast shall be cast for a school-house, and not other- wise, it shall be the duty of the common council to certify to the board of education the result of such election, and the said board of edacation are hereby empowered, and shall forthwith proc^eed to purchase a lot and erect a building, or purchase a lot and building suitable for a school- house, in such location as to such board of education shall seem best^ Title to The title to such lot shall be taken to and shall vest in the city of to tSe*''^ Poughkeepsie ; and the cost of building and furiiishing such school- city, house, including the lot, shall in no case exceed the amount estimated by the board of education, in their recommendation to the common Expense oouncil ; and the expense thereof, including the lot, shall be defrayed f?ayed by ^7 ^ general tax, which the oouncil shall levy and collect in the same a general manner as other school taxes are levied and collected ; or if said coun- by loan, cil shall deem best, such money may be raised by loan on the credit of the city, which the said mayor and council are hereby authc»ized to pledge for such purpose, in the same manner^ as is by this act provided Loan, in relation to loans by said city ; said loan to be paid in annual install- howpaid. ments with interest, within the period of twenty years, for which time said council shall have ;)Ower and are hereby authorized to pledge the credit of said city, or for such less times as to the said coimcil shall seem proper ; and the installments, with interest, shall be levied and collected, together with the annual taxes, as the said installments become due. School ^ 6. The treasurer of the city of Poughkeepsie is hereby designated moneys. ^^ ^j^^ person to receive all public money which the said city or the schools therein, are or shall be entitled to receive from the State, or by tax or loan from the city, and the said treasurer shall pay all school moneys to the president of the boani of education, upon his exec'uting and filing with the chamberlain a bond to the city of Poughkeepsie, in such sums as the council shall direct and with such sureties as the mayor shall approve, conditioned that he will faithfully discharge the duties of his tnist, and pay over or account for all moneys received l^* him for school purposes, and all moneys so received by said president shall be deposited in one of the banks of the said city to the ciedit of How paid the board of education, and shall be paid out by him upon resolutions ^^^ oi said board o^tiiied by the clerk, by draft or check, contaluii^ the Chap. 497.] NINETY-SEVENTH SESSION. 677 name of the person to whom paid, and the date of the meeting when the resolutioa directing the payment of the same was passed by said board, and signed by the presiding officer of said board, and not other- wise. ^ 7. The board of education shall during the month of September in Ennmo- each year, cause to be made an enumeration of all the children then cbujj^en^ residing within the said city, between the ages of five and twenty-one years of age, and the president of such board shall annually, between Annnai the first and fifteenth day of October, make to the superintendent of supSn? public instruction, a report for the preceding sohool year, of all matters tenaont and things which trustees of school districts are by law required to fnsS^c-* report, and of all such other matters and things as the said Bux)eriutend. ^^o°* ent shall from time to time require. ^ B. The said commissioners of schools shall receive no compensation commis- re- for their services, and it shall not be lawful for either of them to be con- n^uo oemed or interested, directly or indirectly, in the sale of any books, ceivo merchandise or other articles furnished or provided for the use of the satTonl'tfr schools, nor shall such commissioners or either of them take or receive e»ted^n any jirofit, reward or emolument for or on account of any books, mer. saio of chandise or other articles furnished or provided for the use of the '^^^^'^S'**'- schools by any x)er8on other than said commissioners ; it shall not be Nor be lawful for the said commissioners or either of them to be concerned or {S^i^o^ interested, directly or indirectly, in the sale or lease of any real estate, real <^ tiie sale of any materials, or in any contract or contracts, for building ofnufte- or repairing any school- house. Every violation of the provisions o{n9iB,Ae, this section shall be deemed a misdemeanor, punishable by fine and imprisonment. ^ 9. The said board may make regulations respecting the use and Fines and imposing fines or penalties for abuse of books belonging to the city Sr^abnee Hbiary, and any person incurring any such fine or i)enalty shall be ^^' booka. liable to an action for the same by the city, and the amount received shall be applied as aforesaid to the use of the library. § 10. The title of all property, real or personal, now held by the board Title of of education of the city of Poughkeepsie, is hereby vested in and con- vestwrin firmed to the city of Poughkeepsie. **»« ^^^'y- ^11. No repairs, alterations or enlargement of any school or library Repairs, building shall be made by said boara, the expenses whereof shall Sons^&o. exceed five hundred dollars in any one instance, unless the said board {Jj *Jj"*^^" shall first submit to the common council a statement showing the neces- ^^'^' sity of such repairs, alterations or enlargement, and the estimated cost of the same, and the common council by the affirmative vote of two- thirds of its members shall authorize the same to be made ; and such authority shall not be given unless there shall be in the school fund a sum sufficient to meet such expenditures and all other rex)air8 and expenses to be incurred by said board during the current year. TITLE XL ' OP THE SUPPORT OP THB POOR. Sbction 1. The city of Poughkeepsie shall not hereafter be subjected The city to taxation for the support or maintenance of the poor of or in the ^pifrate towns of the county of Dutchess, nor shall the towns of the county of f^^^ Dutchess be taxed or required to contribute for the support of the poor purpose of or in the city of Poughkeepsie ; but such city of Poughkeepsie, for po?ung all the {Mirposes of supporting the poor within its limits, and carrying the poor. 678 LAWS OF NEW YORK. [Chap. 497. into eifect the laws of the State for the support and relief of indigent persons, shall be a separate and distinct district. Commifi- ^ 2. There shall be elected in said city, at every annual election, two thTalmt^ commissioners of the alms-house, who shall hold their office for three booBe. years and till their successors shall qualify. 8aid commissioners shall constitute a corporation by the name of '^ The Ck)mmi88ion6rB of the Alms-House of the city of Poughkeepsie," which shall possess the usual powers of a corporation for public purposes. Their ^ 3. The Said oommissioneTS of the alms-^house shall have tJie sole powers g^^^ exclusive care and management of the poor in said city, and shall datiea. provide for and maintain the persons enumerated in the* fourteenth section of the act concerning '< the relief and support of indigent per. sons," in the manner hereinafter mentioned ; and fbr that purpose they shall have and exercise all the powers and authority now vested by law in Uie overseers of the poor of towns, and in the superintendents of the poor of counties, not inconsistent with the provisions of this act lowers. They shall also have and possess the powers following : Toap- 1. To appoint, by a resolution to be entered upon their minutes, aa supeiiu- officer to be denominated " the superintendent of the poor of the dty tendeat of of Poughkeepsie," and to employ such other agents aa may be neoes- &^. ^^^^' sary, in order to carry into effect the purposes of this act ; which said S!iperintendent and other agents shall hold their offices during the pleasure of the said commissioneis, and receive sudi iixed annual salary, as a compensation for their services, as the said ooDunissionere may direct. Tovfift 2. To visit the -poaroi the said dty at their several places of resi- ou Je?nto deuce and inquire and examine into their drcumstanees, the number tiiecir. and ages of the members of their families, the places of their former cesof the residence, their employments, for what length of time and to what poor* &o. extent they have been dependent on the puUic for support, their ability to labor, and the cause of their poverty ; and the oommiBsioneia may direct either permanent or temporary relief to such poor persous, under such rules and regulations as they may from time to time adopt Provi- S. To contract for, purchase and provide provisions, fuel, clothing 8ioii8,ftaoi, ^^^ other necessaries for the suppOTt of or distribution amongst tl» poor, and such cattle, stock, furniture and farming utensils for the alms.house and lands as in their judgment they may deem necessary, piiiee for 4 To cause to be constructed within, or within the vidnity of said meiuof alms-house, a cell or cells, or other place or places of confinement, for vagrauta. the temporary imprisonment or detention of vagrants. And the recorder of the dty of Poughkeepsie is hereby required by his warrant, to be directed to and executed by one of the police officers of said dty, to commit to the custody of .the keeper of the said alms-^house, to be confined in such cells or places of confiuement, all persons adjudged vagrants, according to the provisions of the act concerning beggars and vagrants, and sentenced by him to imprisonment therefor ; and the Labor. keeper of said alms-house is hereby authorized to require all persons so committed to his charge to do and perform such work and labor as the superintendent of the i)Oor of said city shall direct ; and the board Snpport a and maintenance of every such vagrant who, by the provisions of the charge. ^^ oonoeniing beggars and vagrants, would mve been sentenced to the county jail, at a sum not exceeding two dollars per week, for a term not exceeding sixty days, upon any one conviction, shall be a county charge, and shall be audited and paid in the same noanner as other county chaigea Chap. 497.] NINETY-SEVENTH SESSION. 679 5. The said commissioners shall also have power to receive from the Foreign commissioners of emigration all moneys they may become entitled to p»*°p«"- receive for and on account of foreign paupers relieved by them. 6. Such commissioners may also appoint one of their body president. Toap- They shall keep a written record of their proceedings, and may estab- president lish mles and regulations for their own government, ttie government an^ cstab- of their superintendent, and their other agents and servants, in the ** *^*^*" examination of paupers and others applying for or entitled to relief, or for admission to the alms-house, and in the distribution of food, fuel, dothing and other necessaries among the poor of the city. 1. They shall have the jwwers superintendents of the poor now have Powers in in relation to lunatics within said dty, aiid to provide for their safe- [« uina^ keeping in a proper place in such dty, or to send them to a lunatic ^^s. asylum. 8. They shall have the same powers as overseers of the poor and in reia- county superintendents of the poor now have in relation to bastards bastards, within said city ; and all proceedings to be had in such cases shall be in their corporate name, and all bonds required according to the provisions of the statutes relating to bastards, shall be given to them in their cor. porate name ; but nothing in this act contained shall be construed to release or discharge the superintendents of the poor of Dutchess county irom their liability to any person or x)ersons residing in the dty of Poughkeepsie, supporting any bastard child already chargeable to said oounty of Dutchess, in cases in which they have heretofore compromised with the putative father for such support. ^ 4 All penalties which may hereafter be incurred for violations com- Penalties mitted in the dty of Poughkeepsie, in the county of Dutchess, of any of ^onVof*' the laws of this State, relating to the sale of intoxicating liquors, may j^^ci^ be sued for and recovered by the commissioners of the alms-house of uesul^*^^ the dty of Poughkeepsie by dvil action, in their corporate name, before J^nJ*^fj*.® any justice of the peace of said dty, or in the county court of Dutchess sioners/ countv, or in the Supreme Court ; and said penalties, when collected, ^*^- shall be applied to the support of the poor of said city. ^ 5. All moneys which shall be collected and received by the commis- Excise sioners of excise in the dty of Poughkeepsie in the county of Dutchess, pJJfallSs, or by any other officers of said city arising from licenses granted in said &^Ti Jo ^o dty, under the laws of this State regulating the sale of intoxicating them.^ liquors, or for penalties incurred for violations of such laws, committed in said dty, shall be paid over by the officers receiving the same, within twenty days after they shall receive the same, to the commissioners of the alms-house of the dty of Poughkeepsie, for the support of the poor of said dty. ^ 6. All tines imposed or hereafter to be imposed by the recorder of Fines for the dty of Poughkeepsie, or by any justice of the peace of the dty of Scm *ac! Poughkeepsie, or by any court of criminal jurisdiction in the county of *© ^e vt^i Dutchess, for drunkenness or for violation of any of the laws of this mifii?n. State relating to intoxicating liquors, or the sale thereof, shall be paid ^^^ over by the officer or officers receiving such fines, to the commissioners of the alms-house of the dty of Poughkeepsie for the support of the poor of said iAtj, \ 7. The said superintendent of the poor shall keep an office, to be Snperin proTided for him by the said commissioners, in the dty of Poughkeep- fhe^po'oV*' de, whidi shall be open and accessible to those having business therein {J^^^^' at such hours as said commissioners may dedgnate. He shall devote his time and attention to the discharge of his public duties, and shall, To attend amongst other things, attend the meetings of the said board of commis- o/com?^ 680 LAWS OF NEW YORK. [Chap. 497. miision. sioneTS^ and act as the secretary thereof. He shall aid them in the ®"* ^* examination into the drcumstAnoes and conditions of the poor persons applying for and entitled to relief, as provided in the second sabdivi- sion of section third of this act, and shall keep a record of such examioa- Minntes, tions. He shall keep the minutes of the proceedings of the commis- |ccoant, gioners, and an account of their receipts and disbursements, together with the names of the i>ersous relieved, the manner of the relief, and the time when it was rendered, and prepare their annual and other Relief to reports. He shall carry into effect the orders and directions of the said the poor, commissioners in distributing relief to poor persons, and generally perform all such duties as may be assigned to him from time to time. Annnai ^ 8. The said commissioners shall annually, on the thirty*first day of oommis-^ Dumber in each year, make to the common council a report contain, sioncrs jts iug an exact and accurate account of all moneys received by them, and oontentB. ^j^^ sources from whence such moneys were received, during the pre- ceding year ; an exact and accurate account of all their expenditures, and of all debts incurred by them, which are unpaid for the same period of time, and the objects for which such debts were incurred, and to which such expenditures were applied, and the persons to whom they were paid for the same period of time also ; the number of persons admitted and discharged from the alms-house ; the number of those provided with out-door relief; the expenses incurred for keeping and supplying such alms-house, and the expenses incurred for such ou^oor relief during the year. Annnai ^ 9. The Said commissioners shall also on the first day of November esUmate. jjj ^^^jj year, make a written estimate to be signed by them, of the amount of money which, in their judgment, will be required for the support of the poor of said dty during the next year ; which said Ck>nimon estimate shall, by the said commissioners, be laid before the common coimcu to (jouncil of the city of Poughkeepsie, who shall cause the moneys in said smonnt. estimate. mentioned, or such part thereof as they shall deem necessary, to be levied and collected on said city, as provided in section first of Separate title fifth of this act. All such moneys shall be kept in a separate fund ^^^' to be known as the poor fund. The treasurer of said city shall pay the Treasurer same wheu collected to the president of said commissioners upon his i^eSde^t executing and filing with the chamberlain a bond to the city of Pough- of commu. keepsic, in such sum as the council shall direct, and with such sureties 8 oners. ^ ^^^ mayor shall approve, conditioned that he will faithfully discharge the duties of his trust, and pay over or account for all moneys received Money to by him as such president, and all moneys so received by him shall be bedeposit- deposited in one of the banks of said city to the credit of such oomnus- Howpaid. sioners of the alms-house, and shall be paid out by said president upon resolution of said commissioners certified by their secretary, by check containing the name of the person to whom paid, and for what purpose, and the the provisions of the act '^ Concerning passengers in vessels coming to the city of New York,** passed May fifth, eighteen hundred and forty-seven, and the several acts amending the same. Chap. 497.] NINETY-SEVENTH SESSION. 681 ( 11. The said commismoners of the alms-hoase shall receive no com- Commit- penaation for their services whatever, for any services to be rendered not^to^re- by them under the provisions of this act, but all reasonable and proper ceWecom- expenses incurred by them in executing their trusts as such oommis- p®**^******* fiioners shall be paid out of any moneys raised for the support of the poor as herein mentioned. ^,12. Whenever it shall become necessary to take proof of any fiujt or oaths, fiu^ by affidavits or otherwise, to entitle the said commissioners of the admiSSr alms-house to receive moneys from the commissioners of emigration, or tcr. any other &ct, the proof of which may be necessary to enable the said commissioneis of the alms-house to carry into effect the provisions of this act, such oath my be administered by, and such affidavit taken before, any one of the said commissioners or of the said superintendent of the poor, who are hereby authorized to administer oaths. ^ 13. It shall not be lawful for the said commissioners of the alms- coramis- house, or either of them, or the said superintendents of the poor, to be alJa sn- concerned or interested, directly or indirectly, in the sale of any goods, perin- meichandise or other personal property found, furnished or provided ^©uobe for the use of the poor of the said dty of Poughkeepsie ; nor shall such IS^JIf ®^/ oommissioners and sux>erintendents, or either of them, take or receive lood^ ^ any profit, reward or emolument for or on account of any goods, mer- Jgeo? "^ chandise or personal property, found, furnished or provided, by any poor, person or persons other than such commissioners, for the use of the poor of said city ; every violation of the provisions of this section shall be Misde- deemed a misdemeanor punishable by fine and imprisonment. meaner. \ 14. No person shall be disqualified from acting as judge, recorder, a reef, justice, witness or juror, by reason of his being a resident, inhabitant or dhSuaS- freeholder in said city of Poughkeepsie, in any action or proceeding in fled from which the said commissioners of the alms-house are a party. The fnrorf ^bc. inhabitants of the city of Poughkeepsie shall not, after the passage of this act, be entitled to vote for superintendents of the poor of Dutchess oonnty at anv election for such officer. § 15. All the provisions of the Revised Statutes, in relation to the set- settle- tiement of the poor and their removal from one county to another, shall Se^poor, be understood to apply to the two divisions into which the county of ^• Dutchess is divided by this act. TITLE XII. OP THE WATER-WORKS AND SEWERS. SscrriON 1. There shall be elected in the said city at every annual Water election two water conmiissioners, who shall hold their offices for three rioner?'to years, and till their successors shall qualify. be ciect- \ 2. The said water commissioners shall have the care of and keep in Their repair the water- works, reservoirs, hydrants and sewers of said city, and powers, shall have and exercise the following powers and duties : 1. To choose one of their number as president, and to appoint by To ap- resolution entered u|)on their minutes, a superintendent and a clerk, ^l^dent who shall hold their offices during the pleasure of said commissioners, ^^ ^^^^^ and shall receive such salaries as said commissioners shall fix, not ^ ^^"' exceeding one thousand two hundred dollars for said superintendent, salaries, and one tiiousand dollars for said clerk. 2. To purchase all necessary implements, to hire and employ the Parchase requisite laborers, and to direct them as to the time and manner of the ^J^}^' execution of their work in making any repairs upon any of the water- employ- 44 682 LAWS OF NEW YOBK. [Chap. 497. iDg labor- works, leservoiig, hydiants and sewers of said city, or in taking eare of en, Ac. ^^ same. EiijKiBeer 3. To employ an engineer and an assistant at the pominng works, SStont ^^ ^^^^ ^^^ chaige of and keep in order the encineBy pumps, filter be^, and apparatus thereto belonging, and to pay them sack salary as said commissioners may deten^me. Boles and 4. To establish rules and regulations for their own government ^ad ti^Jf ' the goyemment of the superintendent and their oAer agents and ser- vants, and to prescribe the duties of said officers, agents and servants. Water 5. To contract for, purchase and provide materials, tools and ^wSrm!^^ machinery for extending the distribution water pipes and sewers as hereinaftier mentioned, and to make contracts for the whole or any part of the work of extending the said pipes or sewerSb Permits 6. To grant permits for the use of the water and sewers, to make water! °' proper rules and regulations for the same, and to provide for the pro- Ac ' tection and preservation of the water-works, pipes and sewers, and aJl property connected there¥rith, and to ordain proper penalties, not exceeding: fifty dollars for each offense, for the violation of any such Rules and rules ana regulations so made. Such rules and reflations shall be \i^^ printed on each permit and distributed to each house or building supplied with water, and shall be notice to the owners or occupants Rnies, thereof. Such rules may be enforced, and the penalties enacted thereby forced?' collected, with costs, in a dvil action, to be brought in the name of the Md pen. city in any court having cognizance thereof, and the observance of such lected?^ rules and regulations may also be enforced by cutting off the use and supply of water. The penalties so collected shall be paid to the treasu- rer of said city, to be disposed of as hereinafter provided. Water ^ 3. The Said water commissioners shall establish a scale of annual '*'**• rates, to be called " water rates," for water furnished for the ordinary uses thereof for dwellings, stores, shops, private stables and other com- mon purposes, according to number of families, or occupants, and con- speciai sumption of water as near as may be practicable, and such i^>ecial rates, rates. 'y^ addition to the rates established by the scale aforesaid, for hotels, factories, stables, livery stables and other buildings, establishments and trades which consume extra quantities of water, as they may direct Thejr may from time to time alter, modify, amend and increase or diminish such rates in said scale, and extend it to any other description Register, of establishment or use. They shall keep a register containing the names of all x)ersons furnished vrith water and the rate paid by each, Monthly and Said rates shall be collected by said water commissioners, and ^trea-"' together with all other moneys received by said commissioners, shall be snrer. paid at the end of each and every month to the treasurer of said city, to be disposed of as hereinafter x)rovided. Anthoritj & 4. The said water commissioners are hereby authorized to enter in surJeys, ^^ upou any lands or waters in the county of Dutchess for the purpose {^ds'Sc ^^ making surveys and to acquire for said dty, by agreement or appiai. forsnppiy' sal, as hereinafter provided, any lands or waters, easements, privUeges, fOTsewew' ^^^te ft°d estates necessary for supplying said dty with pure and whole- Ac. ' some water, and all such also, as may be necessary for the construction AppUca. or maintenance of sewers within the limits of saia city. In case they snpreme c&nnot agree with the owner or owners, thereof, said Gommissioneis co'^rt^or may, for the purpose of acquiring or perfecting a title thereto, apply to mentof the Supreme Court, at a general or special term thereof, to be nela in Bionere^ the second judicial district, for the appointment of three commissioners appraise to appraise the damages to the said owner or owners of said lands, damages. i^atej.g^ easementa, property and privileges, whidti proceedings shall Chap. 497.] NINETY-SEVENTH SESSION. 683 be had and conducted in the manner provided by the act entitled ''Act to authorize the formation of railroad companies and to regulate the game, passed April second, eighteen hundred and fifty/* and act.8 amendatory thereof, so far as the same are applicable and not inconsis- tent with the provisions of this act ; and on the x)Aynient of the dam- when the ages 80 assessed, as provided by said lailroad act, the citv of Pough- comM^' keepsie shall thereupon become seized in the fee of the property, Jjjj'®^^' rights, easements, and privileges so acquired. ^ er^P'^*'^ f 5. The said water commissioners and all persons acting under their The right aQthority shall have the right to use any street, highway, or road vdthin ^eeL any town in the county of Dutchess, and within the city of Pough- androada. keepsie for the purpose of introducing water into and through any portion of the dty of Poughkeepsie, on condition that they shall cause the surface of said street, highway or road to be relaid and restored to its former state, and all damages done thereto to be repaid. \ 6. Said water commissioners may extend the distribution water Extension ppeg and sewers through any of the public streets or highways in said pfp^and dty, not exceeding one nundred and sixty rods in any one year, until sewew. aaid water pipes and sewers are introduced in such part or x)arts of said city as the public interest may require, but on streets or sections of streets where sewers are now constractm they may lay water pipes equal in length to the sewers laid on said streets, and they shall superintend the laying down of the same. Provided, however, that no water pipe shall Ptovibo. be Idii or sewer constructed in any street or section of a street unless imtten application shall be made therefor signed by the owners of a majority of the frontage upon such streets or section of a street, except when the laying of a water pix)e or the construction of a sewer in any part of the dtv shall be determined by the commissioners to be indis- pensable to the proper use or full enjoyment of the water pipes and sewers laid or cons&ucted at the time such determination is made. And provided fiurther, that in streets or sections of streets where sewers aie, at the passage of this act, already laid or constructed, the commis- doners may, on the written application of the owners of a majority of the frontage uxx)n such street or section of a street, lay water pipe therein equal to the whole length of sewer now laid or construct^ in SQch street or section of a street. An assessment of one dollar and fifty cents per front foot shall be Assess- made in all cases where assessments for sewers have not already been ^v?en?' made under previous enactments, upon all lots fronting on either side of the streets or sections of streets through which sewers have been or may be constructed, except such portion of the siding of comer lots, or Excep- of the front of triangular or irregular lots as the common council may '***"* determine to exempt, and the common council shall collect such assess- when to ment of and from the owners or occux)ants of said lots in equal sums in ^<^<>"®<'*- one and two years from date of assessments, with interest, and in the meantime shall issue certificates therefor. And such assessments until paid shall be a lien on the respective lots liable therefor, and shall be collected at the respective times named in said certificates, one-half thereof, with interest, on the whole assessment, in one year, and the other half, with interest thereon, in two years £rom date, and any lot on which such assessment is a lien may be discharged therefrom by the ijen.how payment of said assessment and interest to the common council or the ^^,;rge<|. officer having authority to receive the same. No interest shall be charged to any person paying the same within ten days after public notice of such assessment. I^id assessment, when due, shall be col- lected in the manner hereinbefore provided for the collection of taxes 684 LAWS OF NEW YORK. [Chap. 497. for city purposes. All costs and exx)enB68 of constructing the sewers, man-holes and silt basins in said city, in excess of the amount pro- duced by said assessment shall be brought into a general fiind by said common council, to be known as the sewerage debt, and the said corn- Bonds, mon council shall have power, and is hereby authorized to issue bonds or debt certificates therefor, with interest, payable at such times and in such amounts as it shall determine, from ten to twenty years from date ; and such bonds or certificates and interest shall be a lien on the whole How city, and shall be "pniA in the same manner — ^by tax on all the real and P***^- x>^rsonal property of said city — ^as other city taxes are paid. Provided, Proviso, however, that whenever any sewer or sewers shall be constructed through any lands other than the public streets in said city, no assests- ment shall be made upon the lots adjacent, unless the same shall be in condition to use such sewer or sewers by connections therewith, when an assessment of one dollar and fifty cents per foot of frontage along said sewer shall be made on such lots, and collected of and from the owners or occupants thereof, in the manner hereinbefore provided, the same as if said lots fronted on a street through which a sewer had oeen constructed. And said assessment of one dollar and fifty cents per foot when collected, shall be at once applied by the common council to the x)ayment of the cost of the construcUon of said sewers, or the 'psj- ment of any indebtedness or obligation heretofore or hereafter incurred or contracted for the purpose of such construction. Annnai ^ 1* The Said Water commissioners shall make to the common council commis*-^ on the thirty-first day of December in each year an annual rejwrt of all sioners. work douc Dv them or under their direction on the water-works, pix)e8 and sewers during the preceding year, and containinfi^ an exact and accurate account of all moneys received by them, and of the sources from whence received, and of their expenditures, and of all debts incurred by them which are unpaid, and the objects for which such debts were incurred and to which such expenditures were applied, and the persons to whom they were paid during the preceding year. Annual ^ 8. The Said water commissioners shall, on the first day of Novem- foriSwOTs. ^' ^^ ®*"^ y®*r> estimate and certify to the conmion council what ' amount of money in their judgment will be required for maintenance of . the sewers in said city during the next year, specifying in detail the objects for which the same will be needed, and the amount for each Amonnt object ; and the council shall cause the moneys in said estimate men. t^^awwa? tioned, or so much thereof as it shall deem necessary, to be assessed ed,ftc. and apportioned as a tax against the real estate in the district of said city in which sewers are hiid, according to the valuation thereof, to be ascertained and fixed by the last assessment roll of said city, and said moneys shall be levied and collected with and at the time of the city Sewer tax against the owner or owners of such real estate. And all sudi ^^^' moneys shall be kept in a separate fund, to be known as the sewer fund. Estimate The Said commissioners shall also at the same time, and in like man- work?.*^' ner, estimate and certify to the common council what amount of money in their judgment will be required for the maintenance of the water. works in said city, including the cost of extending the distribution Money to water pipes, during the next year ; and the common council shall direct apf^ fto. ^^^ moneys in said estimate mentionen, or so much thereof as it shall deem necessary, to be set apart from the moneys received by said water commissioners, as the same shall be received, to a separate ftind to be J^timate known as the water fund. The said commissioners shall also on the ©^moneys ^^ ^^ ^^ November in each year estimate and report to the conmion Chap. 497.] NINETY-SEVENTH SESSION. 685 ooundl the amount of money which in their judgment will be received water from water rateB and other sources during the next year, and if said ™*^^- amount shall not be sufficient to pay the aforesaid appropriation to the -water fund, then the deficiency, together with five per cent, on the Defieien- amount outstanding of the loan or loans known as the water stock of the ^^J, city of Poughkeepsie, shall be assessed and apportioned by the common council as a tax against the real estate in the district of said city in vrhich water distiibution pipes are laid, ac(*x)rding to the valuations thereof, to be ascertained and fixed by the last assessment roll of said city, and said moneys shall be levied and collected with and at the time of the dty tax against the owner or owners of said real estate ; and the surplus of the proceeds of said tax, after deducting the amount required as aforesaid for the deficiency in the water fund, ^lall be placed in the public debt fund. In case the amount received from the water rates shall equal or exceed that appropriated to the water fund, then five per cent, on the amount outstanding of the loan or loans known as the water stock of the city of Poughkeepsie shall be assessed and collected, as hereinbefore provided, from the owners of the real estate in the district of said city in which water distribution pipes are laid, and the money so raised shall be placed in the public debt fund. All moneys received Water l^ the water commissioners for water rates, or otherwise, according to ^^^' the provisions of this act, during the remainder of the current year, after the passage of this act, are hereby appropriated to said Mater fund. § 9. The treasurer of the said city shall pay the moneys in the sewer Treasurer fond and water fund when collected to the president of said water com- Soneys in missioners, upon his executing and filing with the chamberlain a bond fgJJ^^^ to the city of Poughkeepsie, in such sum as the common council shall water^*^ direct, and with such sureties as the mayor shall approve, conditioned {SS presi- that he will faithfully discharge the duties of his tnist, and pay over or dent of account for all moneys received by him as such president, and all mon- ^'t^TOis- eys so received by him shall be deposited in one of the banks of said doners, city to the credit of said commissioners, and shall be paid out by said How paid jiresident ujwn resolution of said commissioners, certified by their clerk, **°'- by check containing the name of the person to whom X)aid, for what purpose and froni what fund, and the date of the meeting when the resolution directing the payment of the same was passed by said board, and signed by said president and derk, and not otherwise. ^ 10. The surplus of all moneys received from the water commission- sinking era on account of water rates or otherwise, after deducting the amount ^^*^' appropriated to the water fund, shall be set apart as a sinking fund for the payment of the loan or loans known as the water stock of the city of Poughkeepsie, or other loans of said city. The mayor, treasurer and Commis- chairman of the finance committee of the common council are hereby f^^ ^' designated as commissioners of the sinking fund, and it shall be their i^nd. duty annually to use such surplus in the following manner. They shall Pnrchase advertise for and purchase at the lowest offer, if the same can be ceUa^tton obtained on terms satisfactory to them, bonds issued as part of said of bonds, water stock, and shall cancel the same. If such bonds cannot be obtained as aforesaid, then they shall advertise for and purchase at the lowest offer any bonds issued by said city of Poughkeepsie, and shall cancel the same. § 11. The connecting or supply pipes leading from the dwellings or snppiy other places to the distribution pipes, and the pipes leading to the p*^®** sewers shall be inserted and kept in repair at the expense of the owner or occupant of the buildings, and shall not be inserted or connected with the main pipe and sewer until a permit therefor shall be obtained. amiscle meanor. 686 LAWS OF NEW YORK. [Chap. 497. and all such connecting or supply pipes and fixtures shall be constructed under and according to the dii^ction of the sux)erintendent or authorized agent, wuifai ^ 12. If anv person or x>ersons shall willfully do or cause to be done mii'er^, *^ ^ whereby any work, materials, or property whatsoever, erected or Ac., ' used vdthin the city of Poughkeepsie or elsewhere by the said water meano^! Commissioners or by any i)erson acting under their authority, for the puri)08e of procuring and keeping a supply of water, or for sewerage, shall in any manner be injured, such person or persons, on conviction thereof, shall be deemed guilty of a misdemeanor and punished accord. infi^ly. PoUntinx ^ 13. It shall not be lawful for any person to throw or deposit, or dact or <»use to be thrown or deposited into any aqueduct, reservoir or reeer- reservoir, voirs constructed by the said commissioners, any dead animals or « -.i-,i« ^^jj^j. offensive matter, or anything whatever ; and any person offend- ing against the provisions of this section shall be deemed guilty of a Pnnish- misdemeanor, and upon conviction thereof shall be punished by a fine ment. qj. imprisonment, or both, in the discretion of the court ; such fine not to exceed one hundred dollars, and such imprisonment not to exceed the i)eriod of three months. Commis- ^ 14 The said water conmiissioners shall receive no compensation nouore- ^^^ ^^7 servic^s rendered by them under the provisions of this act, and ceivo it shall not be lawful for the commissioners, or either of them, or the wS!m OT 8aid sui)erintendent or agents to be concerned or interested, directly or eated^n i^^''®<^^ly> ^^ *^® Sale of any materials, or in any contract or contracts contracts, for Constructing and maintaining said works, nor shall such commis- *^- sioners, superintendents or agents, or either of them, take or receive any benefits, reward or emoluments, for or on account of any materials fur- nished or any work done on the water-works, pipes or sewers. Every Misde- violation of the provisions of this section shall be deemed a misde- meanor, meanor, punishable by fine or imprisonment, or both. TITLE XIII. MISCELLANEOUS PB0VI8I0NS. Propertor SECTION 1. Nothing in this act contained shall be construed to aflfect Sifjofty or *^G property, i-eal or i)ersonal, or impair any right of property now t? "n^"^" ^^^'^^ ^^ *^® ^*y ^f Poughkeepsie, nor to affect ite liabilities. And all affected. Such rights and liabilities may be enforced by or against the said city of Poughkeepsie, with the same effect and to the same extent as if this act had not been x)assed. Chairman ^ 2. The chairman of any committee or sx)ecial committee of the comSoit- common council shall have power to administer any oath, or take any tee of affidavit in respect to any matter pending before the common council or ooonoS*^ such committee. Any person who may be required to take any oath or mfniSer affirni^tion, or to make any affidavit or statement under oath or affiima- oatha. tion, under or by virtue of any provision of this act, who shall, under such oath or affirmation, in any such statement, or affidavit or otherwise, willfully swear falsely as to any material matter or fEu^t, shall be guilty of perjury. Arreeton § 3. No person entitled to vote at any election held under this act day.^^** shall be arrested on a civil process within said city on the day on which such election is held. Exemp- ^ 4. All property exempt from taxation by chapter thirteen, part teSitSS? fi™*» ti*^® *^*> of *^^ Revised Statutes, and all property belonging to the city, shall be exempt from taxation for any purpose. CHAP.497.J NINETYSEVENTH SESSION. 687 ^ 5. Every person elected or apx)oiuted to any office under this act, Doobie who shall lie sued for any act done or omitted to be done in virtue of ^°®**- his office, and who shall have final judfi^ent rendered in his favor whereby he shall be entitled to costs, diall recover double costs, as defined in the Revised Statutes. ^ 6. Whenever any person or corporation shall refuse or neglect to Tax or as- pay any tax or assessment, duly assessed according to any of the pro- marbe'^^ visions of this act, the same may be collected by action in the name of collected the dty against any such person or corporation ; but such action shall not ^ ^ ^^ operate to release any lien upon property, or such tax, until the judg- ment rendered in such suit sball have been duly satisfied. § 7. Whenever any real estate in said dty shall be owned by two or Tenantsin more x)erson8 jointlv, or as tenants in common, a notice served on one of nJuSj^fc sach persons shall be sufficient notice to all, for any purpose requiring a notice under this act. ^ 8. The exx)enses of apprehending, examining, trying and com- Expenses mitting offenders against any law of the State in said city, and of their ^Jring*' confinements, properly chargeable against the county of Dutchess, shall criminal be audited, allowed and paid by the supervisors of said county in the^"* ^®' same manner as if such exx)enses had been incurred in any town of said county of Dutchess. ( 9. From and after the passage of this act, all acts and parts of acts Repeal, inconsistent with or repugnant to this act are hereby repealed, but nothing herein contained diall be construed so as to destroy, impair or take away any right or remedy acqui^red or civen by any act hereby repealed, and all proceedings commenced under any such former act, including all proceedings for assessing damages and benefits shall and may be carried out and completed, and all prosecutions for any offense committed, or penalty or forfeiture incurred, shall be carried on with the same effect as though this act had not been passed. § 10. In all cases in which a bond is required from any officer by the jnstmca- provisions of this act, the sureties therein shall jointly justify to an SS^oties. amount twice the penalty of such bond. § 11. Each of the funds created by virtue of the provisions of this act Fnnds to shall be kept inviolate and devoted only to the purposes for which JJfyiJfiSte. created, ana no moneys shall be drawn from any fund to supply a deficiency in any other fund. And the president of each board or department shall, as soon as the same is received by him, deposit in bank, at the best rate of interest he can obtain therefor, all moneys which come into his hands, and such interest shall belong to his depart- ment and be applied to its use. § 12. All sessions of the several boards shall be open to the public, Sessions of except when the public interests require secrecy. be public. \j 13. This act is hereby declared a public act, and shall be construed constmc- fevorably and benignly for every beneficial purpose therein contained. ^**^'** ' 14 The Legislature may at any time repeal or modify this act 15. This act shall take effect immediately. 688 LAWS OF NEW YORK. [Chap. 499. Chap. 498. AN ACT to legalize the acts of Coe Mullock, a justice of the peace of the county of Tioga. Passed May 20, 1874* Th£ People of the State of New York, represented in Senate and Assembly, do enact asfoUotos: Official Section 1. All the proceedings and official acts of Coe Mullock, of the justice of town of Barton, of the county of Tioga, as justice of the peace since the the peace thirtieth day of October, eighteen hundred and seventy-three, are ^®^ ® ' hereby legalized and confirmed, and shall be of the same force and validity as if the said Coe Mullock had been duly elected and had qualified as such justice of the peace. Proyiso. ^ 2. Nothing in this act contained shall affect any action or proceed- ing now pending. \ 3. Tlus act shall take effect immediately. Ohap. 4=99. AN ACT to incorporate the Farmers' and Mechanics' Savings Bank of Palmyra. Passed May 20, 1814. The People of the State of New York, represented in Senate and Assembly, do enact asfdUoios : corporat- Sbc?tion 1. Arovestus P. Crandall, Henry M. Clark, Allen T. Gold- <*"' smith, Henry R. Durfee, Lucien T. Yeomans, Williatm H. Famham, Alfred W. Sansbury, Hendee Parshall, Lyman Hckford, Amasa Hall, Henry P. Knowles and Thomas L. Root and their successors, shall be and they are hereby constituted a body corporate and politic, by the Corporate name of the Farmers' and Mechanics' Savings Bank, to be located at loSSon!^ the village of Palmyra, Wayne county, and by that name shall have perpetual succession, and may sue and be sued in any of the courts of this State. First teas- § 2. The x>ersons named in the first section of this act shall be the *®®^- first trustees of the said corporation, and all vacancies in the office of trustee shall be filled by the board, by ballot, without unnecessary delay, and the vote of a majority of the remaining members of the board shall be necessary to elect a trustee. Trustees ^ 3. The busiuess of the said corporation shall be managed and prefiden*, directed by said board of trustees, who shall elect from their number a S«. ' president and two vice-presidents, and may elect from their number, or otherwise, such other officers as they may deem expedient ; and the vote of a majority of a full board of trustees shall be requisite for the apxx)intment of any officer receiving a salary therefrom, or to fix or to increase the salary of any officer. TrxiBtees § 4. No person, being a trustee, shall, directly or indirectly, receive no ifay/^^ any pay or emolument for his services, and no trustee, offi(«r or servant of said corporation shall, directly or indirectly, for himself. * Ccrtifled l>y the presiding officer of tho Senate as having passed the Senate, " threc^flfths being proseut." Chajp,499.] ninety-seventh SESSION. 689 or as tbe agent or x)artiier of others, borrow any of the fdnds of Tmstee, the said; corporation, or its depofflts, or in any manner use the same, J^.^^not or any part thereof, except to make necessary current payments, to borrow or to make investments, or to deposit for safety, under the direc- {^"ta^dore- tion and by authority of the board of trustees ; nor shall any trustee, ew» Ac- officer or servant of said corporation be an indorser or surety, xxr in any manner be an obligor, for moneys loaned by or borrowed of the said corporation. § 5. A quorum of said board of trustees shall consist of not less Qaoram. than five, of whom the president or one of the vice-presidents shall be one ; and it shall be lawful for the trustees, in their by-laws, to provide for a larger quorum, but less than a quorum shall have power to adjourn from time to time, or until the next regular meeting. § 6. A regular meeting of the board of tnistees shall l^ held once in Monthly each month, to receive the reports of their officers, and transact such ""©otings. other business as may be necessary ; and the trustees may, in their special by-laws, provide for calling special meetings ; and any trustee omitting meetings, to attend the regular meetings of the board for six months, unless pre- viously excused by a vote of the board, shall thereby vacate his office as trustee, but may, in the discretion of the board, be eligible to a re-election. § 1. The bocurd of trustees of said corporation shall have power, from sy-iAws. time to time, to make such by-laws, rules and regulations as they may think proper for the election of officers, for prescribing their respective powers and duties, and the manner of discharging the same, for the appointment and duties of committees, and generally for transacting, managing and directing the affairs of the corporation ; provided, such proTiso. by-laws, rules and regulations are not repugnant to nor inconedstent with the provisions of this act, the Ck)nstitution and laws of this State or of the United States. i 8. The general business and object of the corporation hereby crea- Bnsiness ted shall be to receive on deposit any sum or sums of money that may wjg®'*" be offered for that purjwse, by any person or persons, or by any religi- ous or charitable corporations or societies, and to invest the same, and declare, credit and pay dividends or interest thereon, as hereinafter authorized, and not otherwise ; and all certificates or other evidences of certiii- deix)sit, made by the proper officer of said corporation, shall be as gJJSiig?^ effectual to bind the corporation as if executed under the common seal thereof. § 9. It shall be lawful for the trustees of the corporation to invest the inyest- moneys deposited with them, and the gains or profits thereof, oiJy as ^^^^^ follows, to wit : 1. In the stocks or bonds, or interest-bearing notes or certificates of in u. s. the United States. »*^^^- 2. In the stock or bonds, or evidences of debt bearing interest, of this stocks of State. this state. 8. In the stock or bonds of any city or county, issued pursuant to the city or authority of law. ^^ 4. In bonds secured by mortgages on improved, unincumbered and Bonds productive real estate, situate in this State, worth at least twice tiie l^^^^ amount loaned thereon; but not to exceed forty -per cent, of the assets of the corporation shall consist of such bonds and mort^^es. 5. It shall be lawful for the corporation to purchase, hold and convey power to real estate only as follows : 1. A lot and banking house requisite for J^^'con-**^ the transaction of its business, and for an income from such portions of vey real the same as are not required for its own use. 2. ^ch as sb^l b»ve been ^"^' 690 LAWS OF NEW YORK. [Chap. 499. purchased at sales upon judgments or decrees obtained or rendered for money loaned ; and all such real estate as is described in the last two preceding clauses shall be sold by the trustees within five years after the same shall be vested ii^ the corporation, unless, upon application by the trustees, the Superintendent of the BanUng Department shall extend the time within which such sale shall be made. Foraonai fj 10. In all cases of loans upon real estate, a sufficient bond, or other on^ioauB. personal Security, shall be required of the borrower, and all the exx)enses of searches, examinations and certificates of title or appraisals of value, and of drawing, perfecting and recording papers, diall be paid by such borrower. BnUdinn § 11. Whenever buildings are included in the valuation of any real in^viuna- ^stEite, upon which a loan shall be made by said corporation, they diall tion to be be insured by the mortgagor for at least two-thirds their value, in sudi ^^^' company of this State as tne trustees shall direct, and the policy of insa- Benewai rance sliall be duly assigned to the corporation ; and it shall be lawful •f poUcy. fQY gi^^ corporation to renew such policy of insurance, in the same or in any other company of this State, as they may elect, from year to year, or for a longer or shorter term, in case uie mortgagor shall neglect to do Expense SO, and may charge the same to him. And all the necessary charges and thereof, expenses paid by said corporation, for such renewal or renewals, shall be paid by such mortgagor to the said corporation, and shall be a lien upon the propertv so mortgaged until paid. Corpora- ^ 12. It shall be unlawful for the said corporation, directly or indi- to^deai hi '^Ij) to deal or trade in real estate in any other case, or for any oOier real purpose, than as authorized in the ninth section of this act, or to deal ^^' or trade in any goods, wares, merchandise or commodities whatever, except as authorized by the provisions of this act, and except such personal property as may^be necessary in the transaction of its business. Loan of ^ 13. It shall be lawful for the trustees of the corporation, while deposits, awaiting opportunity for the judicious investment of the monevs deposited with them, as authorized and required by this act, to loan the same, or any part thereof, upon the securities mentioned in section nine of this act, but not exceeding ninety per cent, of the cash market value When of such Securities shall be loaned thereon ; and should any securities or addi-^ depredate in value after, making a loan thereon, it shall be the duty of tioBAi se the trustees to require the inunediat^ payment of such loan, or a part may^L thereof, or additional security therefor, so that the amount loaned shall required, at no tiino exceed ninety per cent, of the market value of the securities pledged therefor. Invest- ^ 14 It shall be the duty of the trustees of said corporation, as soon depaPties defendant thereto ; and the said courte shall thereupon proceed to hear and determine the rights and interests of the several parties to said action in and to said funds. The said Fund may funds or deposite which are the subject of the said action iQay, in the c^Sditof^ discretion of the court, remain with said corporation at the same rate of the action, interest as other deposits of the same class, to the credit of the action until final judgment therein, and the same shall be paid by said corpo- ration in accordance with the provisions of said final judgment. The costs, question of coste in the action referred to in this section shall, in all eases, be in the discretion of the couri ^18. It shall be the duty of the trustees of the said corporation to Rate of regulate the rate of interest to be allowed to the depositors in such h°*:^'^^{,Q. manner that they shall receive, as nearly as may be, all the profits of regniated. the said corporation, after deducting necessary expenses, and reserving snrpin« such amount as the trustees may deem expedient or desirable as a sur- ^"'^"* plus fund, which, to the amount of ten x)er cent, of their deposite, the trustees of said corporation are hereby authorized gradually to accumu- late and hold, to meet any contins^ency or loss in ite business ; provided, ciassiflca- however, that it shall be lawful fer the trustees to classify their depos- JJoS^^^**' itors according to the extent or duration or character of their dealings with' the said corporation, and to regulate the rate of interest in such manner that each depositor shall receive a ratable prox)ortion of interest with all others of the same class. ^ 19. The said oorxwration shall, every year, make reporte to the Annnai Superintendent of the Bank Department, as required by law, and in gnjerln-^ such form as he shall prescribe, and the books of the said corporation tendent of shall at all times during business hours be open to the insi)ectiou of the L^^Iie"^" Superintendent of the Bank Department, or of such other person as i>artweiit. the Superintendent or the Legislature may apj)oint as his or their agent for that purpose. Whenever any agent shall be appointed to make any 693 LAWS OF NEW YORK. [Chap. 500. Agent to Such examination, he shall be paid for his services by sach corpoiation corpora?*^ such sum as the Superintendent of the Bank Department shall certify tion. to be just and reasonable. Examina- ^ 20. The Supreme Court may at any time, on the application of any preme^ trustee or depositor in said savings institution, and on reasonable cause conrt may shovm therefor to the satisfaction of said court, appoint one or more ^^ ®'* persons to examine into the investments of said savings institution, and Books, its a&irs and business generally. The books, papers and business of ^' said savings institution shall be open and subject to the examination of such person or persons, and the trustees, officers and clerks thereof, or any other person, may be examined on oath by such person or persons ; and the same court may confer such further powers on the person or I)ersons so appointed as they may consider necessary for the more thorough and perfect examination of the aifairs and business of said Report corporation. The said person or persons so appointed shall report the result of their investigations to the said court, which, if satisfied thereby Power of that any officer, trustee or servant of said corporation has been guilty of secnre^ any fraud or misconduct, may remove such person or persons, and make funda, 4c. such further order and take such further measures for securing the funds and property of said corporation as the said court shall deem expedient Misnomer § 21. The misnomer of said corporation in any instrument shall not n^tto viti- yitiate or impair the same if it be sufficiently described to ascertain the intention of the partiea General § 22. The corporation hereby created shall be subject to the piovis- piioabie! ^^*^ ^^ *^® eighteenth chapter of the first part of the Revised Statutes, and all other general laws affecting savings institutions, so far as the same are applicable ; and this act may be repealed, or altered or amend- ed, at any time hereafter. ^ 23. This act shall take effect immediately. Chap. 500. AN ACT to amend chapter three hundred and fifty-eight of the laws of eighteen hundred and forty, entitled " An act concerning payment of interest by railroad compa- nies on loans of the State credit and for other purposes, passed May fourteenth, eighteen hundred and forty. Passed May 20, 1814. T?ie People of the State of New Tork^ represe7U€d in Senate and Assembly y do enact cut follows: Section 1. Section two of the act entitled An act concerning payment of interest by railroad companies on loans of the State credit and for other purposes, passed May fourteen, eighteen hundred and foity, is hereby amended so as to read as follows : Canal 6 2. The Canal Board may designate any banking association, indi- mayde- vi^^^^^ ^ private banker or bankers to receive the deposits of tolls or Bigroate other canal moneys, provided such association, individual or private SSiocia? hanker or bankers shall carry on its or their business in a place conven- tion, Ac., lent for such deposits, and shall comply with such terms as may be pre- deposu/^ scribed by the board. All the provisions of former acts in relation to of tolls, ^^e deposits of such moneys in hanks shall extend and apply to such deposits and bankers or banking associations. Chap. 502.] NINETY-SEVENTH SESSION. 693 Chap. 501. AN ACT to amend the charter of The University Life Insurance Company. Passed May 20, 1874 The People of the State of New Tork, represented in Senate and Assembly y do enact as foUows : Sbction 1. The capital stock of The University Life Insurance Com- increase pany may, by a vote of a majority of all the directors of said company, ^LcSF^^^ be increased from time to time, by actual cash subscriptions, to an amount not exceeding one million dollars, and the stockholders, at the Priyiieffe time of any increase in compliance with tMs act, shall have the pri\dlege Soid^. of subscribing, for such increased capital stock in prox)ortion to the num- ber of shares held by them respectively. ( 2. The number of directors of said corporation may, by a vote of a increase majority of all the directors thereof, be increased from time to time to a JJb'^'**''' number not exceeding thirty-five. \ 3. This act shall ^ke effect immediately. Chap. 502. AN ACT to amend chapter six hundred and ninety-six, laws of eighteen hundred and sixty-six, entitled "An act to amend section eighteen, article two, title two, chapter twelve, part one of the Revised Statutes, entitled *0f the county treasurer,' and to require an additional bond from county treasurers to the State." Passed May 20, 1814 ; three-fifths being present. The People of the State of New Torh^ represented in Senate and Assembly y do enact as follows : Section 1. Chapter six hundred and ninety-six, laws of eighteen hundred and sixty-six, amending section eighteen, article second, chapter twelfth, part first of the Revised Statutes, entitled " Of the county treasurer," is hereby amended so as to read as follows: \ 18. Eveiy person appointed or elected to the office of county treas- Treaanr- urer, before he enters upon the duties of his office, shall give a bond «^'* ''**'**• to the supervisors of the county, with three or more sufficient sureties, to be approved by the board of supervisors, and in such sum as they shall direct, conditioned that such X)erBon shall faithfully execute the duties of his office, and shall i^j over, according to law, all moneys which shall have come, or which shall thereafter come, to his hands, as treasurer, and render a just and true account thereof to the board of supervisors when thereunto required. Whenever, in the opinion of Xewbond said board, or a majority of them, the moneys intrusted to such person JJ^^ired. as treasurer shall be deemed unsafe, or the surety insufficient, such board may require from said treasurer a new and further bond, with like conditions as aforesaid, and in such penalty and with such surety as such board shall deem requisite and proper ; and in case said county Forfeit- treasurer shaJl feil to renew said bond, as required, within twenty days ^^^ after he shall be notified by said board of such requirement, such omis- 694: LAWS OF NEW YORK. [Chap. 503. sion shall work a forfeiture of his office, and the same shall become vacant. Every person appointed or elected to the office of county Bond to treasurer, within twenty days from the time he shall receive notice of the stote. j^jg election or appointment, and before he enters upon the duties of office, shall, in addition to the bond hereinbefore mentioned, to be given to the supervisors of the county, give a bond to the People of the State of New York, with two or more sureties, to be approved by the Comptroller in such penalty as the Comptroller shall direct, condi- tioned that such person shall faithfully execute the duties of his office, and shall pay over to the State treasury, according to law, all moneys belonging to the State which shall have come, or which shall thereafter To be come, into his hands as county treasurer, and render a just and true Jo^pfrot account thereof to the Comptroller of the State, which bond shall be ler. filed with the Comptroller. At any time when, in the opinion of Comp. the Comptroller, the moneys intrusted to such person as treasurer shall ^y^re- ^ deemed unsafe, or the surety insufficient, the Comptroller may qnire far- require a new and further bond, with like conditions as the first, and bond. i^ su^^ penalty and with such sureties as the Comptroller mav deem requisite and proper. Should default be made in the grvine ana filiug of the bond to the i)eople of this State, as herein provided for, within the time limited herein, or should the said county treasurer neglect to Notico. renew his bond, as last nereinbefore provided for, the Comptroller shall cause a written notice to be served on the person so in default, requiring him to furnish such bond or such renewal, as the case may be, within Office va- ten days from the day of service of such notice, whereupon, if such cated, treasurer shall still be in default, he shall be deemed to have vacated his office, and the Gk>vernor shall appoint a proper person to fill such vacancy. ^ 2. This act shall take effect immediately. Chap. 503. AN ACT changing the name of the "Beach Pneumatic Transit Company," to "The Broadway Underground Railway Company," and extending its powers. Passed May 20, 1814 T?ie People of the State of Neto York^ represented in Senate and Aaaembly, do enact asfoUotoa : Name SECTION 1. The name of the " Beach Pneumatic Transit Company" is changed, hereby changed to " The Broadway Underground Railway CJompany/' and all the rights, powers, duties and obligations heretofore conferred upon, possessed, or assumed by said " Beach Pneumatic Transit Com- pany," shall be possessed, enjoyed and kept by the said '' The Broad- way Underground Railway Comi)any," and all suits or proceedings X)ending in which said '^ Beach Pneumatic Transit Company " is a party, shall be continued in the name of '' The Broadway Underground Railway Company," and any stockholder in said company may be eligible as a director thereof. Larger f 2. The Said company, in pursuance of the provisions of chapter one aSid^raii- hundred and eighty-five of tne lawd of eighteen hundred and seventy- ways aa- three, may construct their tunnels and railways one foot larger than thorizea. provided for in said act. CiiAP. 504.] NINETY-SEVENTH SESSION. 695 ^ 3. The said company is hereby required to construct, as the first First eeo- section of its railway, that ix)rtion of its line from the Battery or ''^**' Bowling Green to a connection with the New York and Harlem railway at or a^ve Forty-second street. And whenever said " The Broadway when Underground Railway Company" shall prove to the satisfection of the mSrprJ' board of enrineer commissioners provided for in chapter one hundred ceod with and eiffhty-nve of the laws of eighteen hundred and seventy-three, SJSi* ^ aforesaid, that the whole capital stock of said company has been sub- scribed, or other financial arrangements made for completing said first section, within three years after the passage of this act, said board of engineer commissioners shall execute a certificate in duplicate to that effect, wluch shall be filed, as directed in said chapter one hundred and eighty-five of the laws of eighteen hundred and seventy- three, and the said company may then proceed with the work of con- stmction ; but in case of delay by legal proceedings, which shall comi)el the stoppage of the work, the time so lost shall be added to the time allowea herein for completing said first section. Within six months Bond to after the passage of this act the said company shall execute and deliver ©rf J5j!^' to the comptroller of the dty of New York their corporate bond to the mayor, aldermen and commonalty of the city of New York, with suffi- cient sureties, to be approved by the comptroller of said dty, condi- tioned for the payment of one hundred thousand dollars to said mayor, aldermen and commonalty, in case the said first section of said road shall not be completed and ready for use within three years from the passage of this act. ^ 4. All acts or parts of acts inconsistent with the provisions of this Repeal act are hereby rei)ealed. ( 5. This wst shall take effect immediately. Oliap. 504. AN ACT in relation to the fees of stenographers in the district courts of the city of New York. Passed May 20, 1814 The People of tJie State of Neto Torky represented in Senate and AssemUi^ydo enact as foUotos: Sbction 1. In all cases of appeal firom the decision of a justice of one steno- of the district courts in the city of New Yoi:*|^, where a transcript of the JES^**^*'' stenographer's minutes of the testimony given on the trial b^mes a necessary i)art of the justice's return, the stenonapher's fees for the making of such ti^nscript shall be computed at the rate of ten cents for every one hundred words, and be paid in the first instance by the appellant and afterward be taxable by him as a disbursement in the appeal. 696 LAWS OF NEW YORK. [Chap. 606. Gonstrnc- tion of ad- ditional baths. Work io be award- ed to low est bid- der. Appio- priation. Revenne bonds. Tax. Berths. Oliap. 505. AN ACT to provide for the construction and maintenance of four additional public baths in the city of New York. Passed May 20, 1814 ; three-fifths being present. The People of the /State of New Tork, represented in /Senate and AssenMpf do enact as foUowa : Section 1. The mayor, aldermen and commonalty of the city of New York, by the department of public works of said city, is hereby author- ized and directed to construct and maintain four free public floating baths, in addition to the two now in use in said city, and said addi- tional baths shall be constructed on such plans as the said department shall deem proper ; but the work therefor shall be awarded to the low. est bidder with adequate security as provided by the charter ; and said baths shall be and remain under the exclusive control and management of the said department of public works. § 2. Th,e board of estimate and apportionment of the dty of New York are hereby authorized and directed to appropriate suai sum of money, for the construction and maintenance of the four additional pub- lic floating baths, as may be necessary, not exceeding, however, eighty thousand dollars. & 3. It shall be the duty of the comptroller of the city of New York, and he is hereby authorized and directed to raise such sums of money, as is hereby authorized to be appropriated by the first and second sec- tions of this act, by the issue of revenue bonds in anticipation of the taxes of the year eighteen hundred and seventh-five, and said moneys so to be raised shall be paid for the construction and maintenance of said baths by the comptroller, on the requisition of the department of public works. The amount of money necessary to pay said bonds so issued shall be included in the taxes for the year 1815, and the said bonds shall be paid from the taxes of that year. ^ 4 The department of docks of the dty of New York shall, upon the requisition of the department of public works of said city, furnish free of charge, in the vicinity of such location as shall be designated by the dex)artment of public works, accessible, convenient and i^e berths for mooring the free floating baths herein provided to be constructed and maintained. ^ 5. This act shall take effect inunediately. Adopting into fami- nes. Chap. 506. AN ACT conferring certain powers on " The Children's Fold," of the city of New York. Passed May 20, 1814 ; three-fifths being present. The People of the 8tate of New Torkf represented in ^Senate and AssenMy, do enact as follows : Skction 1. The trustees of " The Children's Fold," an orphan asylum, located in the dty of New York, are hereby authorized and empowered to adopt into families, any orphan, half-orphan or destitute child who Chap. 508.] NINETY-SEVENTH SESSION. 69T may have been, in their care and charge for the space of one year, in case said children be under ten years of age, or mx months, in case of duldien over ten years old. ^ 2. The board of supervisors of the dty and county of New York Board of shall levy and collect by tax in the year one thousand eight hundred ontole^ and seventy.four, and every year thereafter, at the same time and in aimaai the same manner as the contingent charges and expenses of the cil^ and ^"' ooonty are levied and collected, and riicul pay over to " The Chilaren*s Fold," of the city of New York, the sum of two dollars per week for each and every orphan, half-orphan and destitute child received and supported by said institution, the expense of whose support is not paid by private parties. i 3. This act shall take effect immediately. Chap. 507. AN ACT for the relief of Isaac Orr, of the city of Brooklyn. Passed May 20, 1874 ; three-fifths being present. The People of the /State of New TorJc, represented in Senate and Assembly, do eruKA qs follows : Section 1. The comptroller of the city of New York shall, on the Referees application of Isaac Orr, of the dty of Brooklyn, appoint a suitable per. ^in^*^/ son to act 88 a referee, who shall, without delay, proceed to take the testimony, to hear and determine the amount of money earned by said Isaac Orr, for work done and performed in the years eighteen hundred and sixty-nine and eighteen hundred and seventy, in dredging in the slips of the city of New York, under the directions of the lato street oommissiouers of that dty, and the amount equitably due and found to Pay- be unpaid for the work so done shall be paid to the said Isaac Orr, by ^^^ the said comptroller, out of any of the funds of the said dty not other- wise appropriated. § 2. This act shall take effect immediately. Chap. 508. AN ACT to authorize the construction of a railway from Vesey street, through certain streets in the city of New York, to the South ferry. Passed May 20, 1814. The People of the State of New York, represented in Senate and AssemUp, do enact asfoUoios : Sbcttion 1. James Refers, John Flannagan, Theodore P. Rutan, Mich, constrae- ael Flannery, Horace J. Haviland, William Herrick, Martin V.Forman, ^,2?^/^ their associates and assigns^ are hereby authorized and empowered to antiiork- construct, operate, maintain and use railways, with single or double ^' tracks, in the city of New York, and to convey passengerd thereon for compensation through, upon and along the following routes of said city, to wit: Commencing at the northerly side of Vesey street; thence Boata. 45 698 LAWS OF NEW YORK. [Chap. 508. through and upon and along ChuTch street, with doable track, to Mor. ris street ; thenoe through, upon and along Morrifi street, with a double track, to Greenwich street ; thence through, upon and along Greenwich street, with a double track, to Battery pmce ; tihence thioughi ux)on and along Batterjr place, with a double track, to State street ; thence through, ux)on and along State street, with a single track, to Whitehall street; thence through, upon and along Whitehall street, with a single track, to the South feny ; returning through, uiK)n and along Whitehall street, to Bowling Green ; thence through, upon aud along the southerly side of Bowling Green, to connect with double ttaekn at irattery place, together with the necessary connections, crosobogBi switches, turn-outs and convenient stands for the proper workings and accommodation of said railway on the said route. Flan of ^ 2. The said railway shall be constructed on the most approved plan tion*^^*" for the construction of city railways, and thcj cars shall be run as often Fare. as the convenience of the public may require ; and the said j^ersons and their assigns are 'hereby iauthorized to emerge and collect three cents for Transfer each passenger conveyed upon said railway. Wherever the track or ^^^ot. tracks of said railway shall cross or intersect the track or tracks of any railway, by mutual agreement between the owners of said respective railways, towsfier tickets may be issued to passengers at an additbnal rate of fare, not exceeding three cents, said tmnsfer tickets to be received in full for fare to any point on the line of said connecting rail'. Rales and ways, or either of them, and said rfiilway shall be subject to such rea- tionfif sonable rules and regulations as the common council of the city of New York' from time to time may prescribe. The said persons or their Annnai assigus shall annually, on the first day of November, jtay into the trea- Fntocfty' ^^^ ^^ ^® ^*y ^f New York one per cent of the gross receipts of the treasary. road herein provided for, the amount of which gross receipts shall be determined bv the sworn statement of the president and treasurer of said railway, but subject to the inspection of its books by the comptroller of the dty of New York. Use of ^ S. If it shall become necessary, in the construction, operation and road^ *■***• use of said railway upon the route or routes herein designated, for the tracks, said pensous or their assigns, to run upon, intersect or use any portion of other railr(^ tracks now laid ux)on any ct the said streets, tlie per- sons hereby authorized to construct and operate said railway are hereby authorized and empowered to run upon, intersect and use the same upon such terms as may be agreed upon between them and the owners Gompen. of such otherirailroad. In case no terms of compensation for such operat- cberotbr ^^^ ^^^ ^^^^ ^^^^ ^ s^preed upon between the parties, then the amount howasoer- of such Compensation shall be asc^ertained and determined in the man- ^^^^- ner provided by subdivison six of the twenty-eighth section of the act entitled " An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and Title, how fifty. The persons hereinbefore mentioned, their successors and assigns, acqaired. g}^g^]| hskve power to acquire title to the right to use such real estate as may be required for the purx)oeeB of said railway, in the manner pro* vided in the fourteenth, fifteenth, sixteenth, seventeehth, eighte^ith, nineteenth, twentieth and twenty-first sections of said act of April ExeepUon secoud, eighteen hundred and fifhr, except that in any of the proceed* tonite oT^' ings for this purpose it shall not be necessary that the petition to the petition. Supreme Court shall make any allegation of, or reference to any inoorpo* ration, capital stock, surve3ns or maps, or of the filing of any oertifieaie of lUght of location, and during tiie pendency of such pirooeedings the said p^sons ^^n°'' or their assigns shall be permitted to enter upon, connect with and use Chap. 509.J NINETY-SEVENTH SESSION. 699 portioiis of other tracks already laid in any of the streets named herein, dency of as may be neeeseary to perfeet and carry into effect the provisions of ^^®®^' this act, upon their p^mg good and sufficient security, to be ApptaveA secority. by one of the justices of the Supreme Coort for the payment of the amount of the aw^rd, which may be made by arbitration or by order of the Supreme Court, and all actions and proceedings in law relating to, sSeetmg or arising under this act, or the auth(»rity hereby given, shall be commenced in the Supreme Court of the first judicial mstriot, and shall have preference over all cases on the calendar of said court not BOW preferr^ by statute, but in all cases the use of said streets for the purposes of said railway, as herein authorized, shall be considered one of the uses for which the mayor, aldennen and commonalty of said dty of New York hold said streets. ^ 4. The first three persons or grantees named in the first section of Heedngof thus act shall, as soon as practicable after its passage, by a notice in ^^^®^' writing signed by them, convene a meeting of the persons or grantees thereoi named in said first seddon, or their assigns, at a time and place, in the city of New Yoik to be demgnated in said notice. A copy of said serdee of notice shall be served upon each of the said grantees, or their assigns, ^^^^^^^ either in person or by depositing the same in the posUofiioe, addrei^^ to him at the post-office nearest Ins last known place of reoldenoe or busi* neas, at least twenty days before the day theirein specified for such meet* ing. Two-thirds of the persons named, or their assigns, at said meeting shall be oomx)etent to organize, and ^all possess tli^ corporate powers necessary to carry out the purposes of this act. 5. The Legislature may at any time alter, amend or repeal this act. d This act shall take effect immediately. Chap. 509. AN ACT to authorize the board of supervisors of the county of Kings to borrow money for the purpose of paying certain bonds and certificates of indebtedness which mature in the year one thousand eight hundred and seventy-five, and to defray the county expenses be- tween the first day of August in each year and the con- firmation of the tax levy. Passed May 20, 1814 ; three-fifths being x>reBent. The People of the State of New York, represented in Senate and Assembly^ do enadt as fellows : Sbction 1. The treasurer of the county of Kings is hereby authorized, count}- under the direction of the board of supervisors of Kings county, to roay^bo? borrow on the credit of said county a sum not exceeding six hundred row and thirty^two thousand dollars, and to issue bonds therefor in such l^^d f^^e Ibrm as tne said board may prescribe for the payment of the same, with ^i^^- interest at the rate of seven per cent, per annum ; the money so bor- interest. lowed to be expended in Ihe payment of the bonds and certincates of how ex- indebtedness particnktrly set forth in the communication of the county ip^^^^^- treasurer to the board of supervisors of Kings county, under date of January twenty-one, eighteen hundred and seventy-four ; such bonds sonde, to be iBsned in the name of and under the seal of the county of Kings, \'^^^^^ to be signed \fj the supervisor at large of the county and the county 700 LAWS OF NEW YORK. [Chap. 510. treasQier, attested by the ooanty clerk, and countersigiied hy the clerk Hecord of the board of superFisors. The said clerk of the board of super- ^ ' Tisors shall keep a record showing the date, aanoont and rate of inter- est of said bonds respectively, with the time they may become due. Annnai ^ 2. The Said board of supervisors shall cause to be levied by tax upon pavraent *^® taxable property of said county, and collected and paid annually, or bonds. Buch sum as may be necessary to pay interest on the money so borrow- ed, and to pay the principal in annual installments as the same beoomes xamber, due ; the number and times of payment of such installments shall be pS'ment, determined by the said board of supervisors when they shall give the ftc. ' first directions to the county to borrow money under this act, and the treasurer shall immediately apply the money so collected and paid to him toward the payment of the interest and principal of the money so borrowed. Treaenrer ^ 3. The treasurer of the county of Bangs is hereby authorized, under TOW mon- *^® direction of the board of supervisors of Kings county, to borrow ey and is- on tiio credit of said county in each year, between the first day of Au- tiflcatos f^s^ ^^^ ^^^ confirmation of the tax levy, such sums of money as the of indebt- board of supervisors of said county may determine necessary to meet the expenses of the county government dunng such interval, and to issue certificates of indebtedness therefor for the payment of the same, with interest, such certificates to be signed by the supervisor at laige and the county treasurer ; the money so borrowed to be expended in de&aying the expenses of the county between the first day of August in each year and the confirmation of the taxes of that year. ^ 4 This act shall take effect immediately. edness. :ba: Chap. 510. AN ACT to confirm the official acts of the highway com- missioners of the town of Fine, St. Lawrence county. Passed May 20, 1814. The People of the State of New York, represented in Senate oMd Assembly, do enact aefoUotos : Official Section 1. The official acts of the commissioners of highways of the ^i^ed. '^^^ of Fine, in the county of St. Lawrence, in laying out certain roads in said town, subsequent to April twenty-eight, eighteen hundred and seventy-three, in accordance with the law existing previous to said date are hereby made as legal and valid as if the provisions of an act entitled *' An act to amend the Revised Statutes in relation to laying out public road sand the alteration thereof," passed April twenty-eighth, eighteen hundred and seventy -three had been complied with. But Proviso, nothing herein contained shall aifect any action or proceeding now pending. \ 2. This act shall take effect immediately. \ Chap. 511.] NINETY-SEVENTH SESSION. 701 Ohap- 511. AN ACT to amend chapter seven hundred and twentj* one of the laws of eighteen hundred and seventy-one, entitled ^^An act to amend and consolidate the several acts relating to the preservation of moose, wild deer, birds and fish." Passed May 20, 1814 ; three-fifths being present. 2%e PeopLa of the SUUe qf New Yorky represented in Senate and Aeaembli^f do enad as foUowa : Section 1. The tenth section of chapter seven hundred and twenty- one of the laws of eighteen hundred and seventy-one, entitled **An act to amend and consolidate the several acts relating to the preservation of moose, wild deer, birds and fish," is hereby amended so as to read as follows : ^ 10. No person shall kill or expose for sale, or have in his x)OS8esaioii Kuiing' of after the same has been killed, any robin, brown thrasher, meadow lark JibiteS'^^* or starling, save only during the months of August, September, October, November and December, under a penalty of five dollars for each bird ; Penalty. and in the counties of Kings, Queens, Putnam and Suffolk no person shall kill or expose for sale, or have in his possession after the same has been killed, any of said birds, except meadow larks, in this section named, except during the months of October, November knd December, under a penalty of five dollars for each bird. & 2. The nineteenth section of said act is hereby amended to read as follows : § 19. No x)er8on shall at any time catch any speckled trout with any catching device save with a hooked line, except for the purpose of propagation Jjpt^^ith hereinafter provided, or place any set lines in waters iidiaUted by hook and them, under a penalty of fifty dollars for each offense ; and no person hufitodL' shall at any time, except for the purpose of propagation as aforesaid, catch any kind of fish in Lake Saratoga, in the county of Saratoga, or in Onondaga or Oneida lakes, tributanes or outlets, except minnows, with any device, save with hook and line. And no person shall at any time use more than three lines with hooks attached ; and any hook and line unattended by the fisherman in person, and all set lines, nets, traps set lines, and devices other than fair angling as aforesaid, are hereby prohibited "ets. &c. on said lakes and their tributaries and outlets, or within one mile of the lakes, and when found in use or operation, are hereby declared forfeit and contraband, and any x)er8on finding such set lines, nets or traps in said waters is hereby authorized to destroy the same, and any person fishing with such prohibited means or devices, shall be liable to a pen- alty of not less than ten nor exceeding one hundred dollars. And no Ban in person shall take or catch any black or Oswego bass, in the waters ot^'^ Lake George, except from the twentieth day of July to the first day of January, under a penalty of ten dollars for each fish so taken. ^ 3. Section twenty-five of said act is hereby amended so as to read as follows : ^ ^ 25. No person shall kill or catch any fish in the Mohawk or Clyde catching rivers, Irondequoit bay, Braddocks bay, Little pond. Round pond, ^^pj*^ Cranberry pond. Buck pond and Lon^ pond in the county of Monroe, dam', or in the inlets thereof, or the lakes in the counties of Westchestei , &bited!^ Rockland, Wyoming, Columbia, Ulster, Genesee, Orange, Putnam, Her- 702 LAWS OF NEW YORK. [Chap. 512, kimer, Rensselaer, Sullivan, Tio^, Cortland, Broome and Livingston, by any trap, dam, weir, net, seine, or lly any device whatever, other Penalty, than that of anfi^ling ¥dth hook and line or with a si)ear, nnder a penal^ of twenty-five dolluB for eaoh olfense. All fishing in the aforesaid Brad. docks bay. Little pond, Round xK>nd, Cranberry pond, Rick pond and Long i)ond in the county of Monroe, in the months of January, Febru- ary and March, or either, is hereby forbidden and prohibited. When fish ^ 4 It Shall not be lawful between the first day of December and SYaken *^® fifteenth day of April in any year, to take with hook and line, trap, gom net or any device whatsoever, and fish from Rockland lake in the Lake *^ county of Rocklaud. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and xrpon con- Penaity. victioii thereof shall pay a penalty of not less than five dollars, nor more than fifteen dollars, or be confined in the county jail not less than five days nor more than fifteen days in the discretion of the court, i 5. This act shall take effect immediately. Chap. 512. AN ACT in relation to the Ausable River Plank-road Company, and authorizing said company to lay rails upon its road. Passed May 21, 1874 ; three-fifths being present The People of the State of New York, represented in Senate and AsaenMy, do encu^ as foUows : Comnanj Sbction 1. The Auss^le River Plank^road Company is hereby aothor- nitta npon ^^^ <^d empowered, upon the consent of a majority in amount of the its road, stockholders of said company, to lay upon the road now occupied by it, ^' and upon any extension or branch thereof, or upon any part or xx)rtioii of the same, iron or wooden rails, either broad or narrow gauge, and to run and operate the same as a railroad for carrying passengers and freight. And said company may also maintain its road as a plmk-ioad, and collect and receive lawful tolls thereon. May con- ^ 2. If said company, for the purpose of avoiding steep grades, or for Umds. ^^^ purpose of making a connection with the New York and Canada Railroad at Ausable station, or for any other proper reason, should determine to construct part or parts of said railroad off of the line of said plank-road, said company may so construct any such part or parts, and for that purpose mav condemn any lands upon such route necessary for any such change, and all the provisions of the general railroad law of this State applicable to such proceedings shall apply to said com. pany ; but said company shall not be required, on any such applicati<^ to condemn anpr such lands, to make proof of the subsoiption to the capital stock of the said company, or the filing of any map, or the loca- tion of said road, except ux>on the lands which are proposed to be taken. Weight of ^ S. In the construction of said railroad, said company shall not use **^- an iron rail of less than thirty-five pounds weight to the lineal yard, upon which cars shall be propelled by steam, and shall not charge to Fare. exceed five cents a mile for carrying eadi passenger over said load ; and all provisions of law not inconsistent with the provisions of thiB act, applicable to railroad corporations in this State, shall apply to said oompaQv should said company avail itself of the provisions of this act ; and said company shall possess all the rights by this act confeired for the term of fifty years. ^ 4. This act shall take effect immediiatoly. Chap. 514.} NINETY^EVENTH SESSION. 708 Chap. 513. AN ACT in relation to school commissioners' districts and school commissioners in the county of Cayuga. Passed May 21, 1814 ; thiee-fifths being present. The People of the State of New Yorky represented in Senate and Assembly y do enact as f Mows : Section 1. Hereafter there shall be only two school Gommiasioners elected in and for the county of Cayuga, The towns of Brutus, Cato, Con- First dia- quest , Ira, Mentz, Montezuma, Sennett, Sterling, Throop and Victory shall ^^^ constitute the iijst district. The towns of Aurelius, Fleming, Genoa, second Ledyard, Locke, Moravia, Niles, Owasoo, Sempronius, Spriiigport, ^^^^ Scipio, Summer Hill and Venice shall constitute the second district. ^ 2. The iirst section of this act shall not be construed to reduce the commiB. number of school conmiissioners in the county therein mentioned during J|^^5"n? the term for which those now in office have been elected, but the in onice present incumbents shall continue in office in their respective districts J^J^* ^^ for the residue of the terms for which they were respectively elected. Chap. 514. AN ACT to amend an act entitled ^^ An act to revise and consolidate the general acts relating to public instruc- tion," passed May second, eighteen hundred and- sixty- four. Passed May 21, 1874; three-fifths being present The People of the State of New York, represented in Senate and Assembly y do enact aefofiows :. Section 1. The tenth section of title thirteen of chapter five hundred and fifty-five of the laws of eighteen hundred and sixty-four, entitled ** An act to revise and consolidate the general acts relating to public instruction,** passed May second, eighteen hundred and sixty-four, is hereby amended so as to read as follows : ^ 10. TJx)on the appearance of the i)arties, oruxwn due proof of service Account of the notice and copy of the account, the county judge shall examine Sj^hor^ into the matter iTnd hear the proofs and allegations propounded by the offlcenibr parties, and decide by order whether or no the account, or any and fnc£t^*' what portion thereof, ought justly to be charged upon the district, with ^"^k*- oosts and disbursements to such officer or officers, in his discretion, county which costs and disbursements shall not exceed the sum of thirty ^^^^*** dollars, and the decision of the county judge shall be final ; but no whether portion of such account shall be so ordered to be paid which shall iVohSg. appear to such judge to have arisen from the willfiil neglect or miscon- 5^^**^ dluct of the claimant. The account, with the oath of the party claiming veriiiod • the same, shall be prima facie evidence of the correctness thereof The aoconnta county judge may adjourn the hearing firom time to time, as justice SIcle^Ti. shall seem to require. <*«»««• ( 2. This act shall take effect immediately. LAWS OF NEW YOEK- -[Chap. 515. AN ACT to amend an act entitled ^^An act to reorganise the local government of the city of New York," passed April thirtieth, eighteen hundred and seventy-three. Passed May 21, 1874 ; three-fifOis being present. The People of the State of New York, represented in Senate and Aasemblp, do enact as foUoios : Section 1. Section four of chapter three hundred and thirty-five of the laws of eighteen hundred and seveuty-three, entitled '*An act to reorganize the local government of the city of New York," is herely amended so as to read as follows : Alder- § 4. The boaxd of aldermen now in office shall hold office until the JJJJJjjgp first Monday in January, in the year eifirhteen hundred and seventy, and mode five, the Same beinfif the term for which they were elected. There shall la^^' 1>® twenty-two al(&rmen elected at the general State election which shall occur in the year eighteen hundred and seventy-four, three of whom shall be elected in each Senate district, except the eighth Senate district, and shall be residents of the district in which they are elected, but no voter shall vote for more than two of said aldermen. In the territory comprised within the eighth Senate district, and the twenty- third and twenty-fourth wards, there shall be elected four aldermen, and the alderra^i to be eleded in siud district may reside eitlier in said eighth Senate district or in tiie. twenty-thiid and twenty-fourth wards, but no yoter shall vote for more than thxee of said aldermen. There Aldermen shall also be elected six aldermen at large to be voted for on a sepa- at Urge. ^^ ballot, but no voter shall vote for more than four of the said aldermen at large, and the voters of the twenty-third and twenty- fourth wards of said dty are hereby aathorised and empowered to vote Term of for aldermen at large. The members of the board of aldermen ahall office. }}q1^ q2^^ fQY the space of one year, and shall take office on the first Monday in January, next succeeding Iheir election, at noon. Annually thereafter, at the general State eled^ion, there shall be elected a foil Vacancy, board of aldermen as hereinbefore provided. Any vacancy now exist- how flu- £Qg 0r >^hich may hereafter occur in either* the board of aldermen by reason of the death or resignation, or of any other cause, of a member of either of said boards, ^all be filled by election by the board in which such vacancy exists or shall arise, hj^ a vote of a majority of all the members elected to said board ; and tne person so elected to fill any such vacancy shall serve until the first day of January, at noon, next succeeding the first general election ooduring not less than tiuriy days after the happening of such vacancy, but not beyond the expira- tion of the term in which the vacancy shail occur ; stid at such election a person shall be elected to serve the remainder, if any, of such unex- Common pired term. From and after the termination of the term of office of how^con. ^^^ board of assistant aldermen as berein provided, the hoaid of alder- atttnted. men shall alone constitute the common council and shall exercise the entire legislative powers of the said city, ^ 4. This act shall take effect immediately, I I ■ »«-^»— ■^— »^ » ■ ■ I ^ii^— j^i^...^^— .♦i^^j^^^^jp^— „» . -■ » ^^^—^^ • So In original. Chap. 616.] NINETY-SEVENTH SESSION. 700 Chap. 516. AN AOT to authorize the construction of a. road from the road owned by the State near Cfaazy lake to Chateaugay lake. Paseed May 21, 1814 ; three-fifths being present. The People cf the State of New York, represented in Senate and Assembly/, do enact as foOMos : Section 1. The conunissioners hereinafter named shall, upon giving commis- the security hexein provided, proceed to locate a direct and fsaitable {^^^^ ^ loiite for a highway, from the plank-road of the Btate at Chazy laJke to ronUB of some point upon Olukteaugay lake, and cause a map and survey of sudi i^ke load to be made, which map shall designate what lots, pieces or parcels »&Pi Ac. of land lie within three miles on either side of said road, and shall dexKMsit a copy of such map in the ofElce of the Comptroller of this State. Upon making and filing such map, and the approval thereof by each Constmo- Comptroller, said commissioners shall proceed to construct siich road, road?' 'and shall determine what kind of a highway shall be built, and if they shall deem it best, may let said road to be built by contract. \ 3. There shall be imposed by the Comptroller a specific tax per specuio acre, on each and every acre of land lying situated upon each side of ^'^^' •floid road, as follows : within a distanee of one mile from said road, fifty cents per each and every acre of said land ; within the distance exceed- ing one mile and lees than two miles, twenty-five cents X)er each and every acre of land ; within a distajice exceeding two miles and less than three miles, fifteen cents for each and every acre of land. Such specific How tax ^all be assessed, levied and collected in the usual manner pre- and^^oi Boribed by law for raising State taxes, and shall be paid into the State lected. treasurv by the county treasurer of Clinton county, for the special pur- pose of reimbursing the moneys expended under section one of this act. \ 3. The State Engineer and Surveyor of the State of New York, commis. John H. Moffit, of Saranac, Clinton county, New York, and Charles «*^''®"- Bichardson, of Plattsburgh, New York, are hereby appointed commis- sicners to oonstmct said road, and said commissioners, with the excep- official ticm of such State Engineer and Surveyor, shall severally give bonds ^^^^ with satisfactory security to the Comptroller, in the sum of three thou- sand dollars, for the faithful performance of their duties under this act, before entering upon the discharge thereof. The Comptroller shall fill vacan- all vacancies in the office of said commissioners, and any commissioner SiSli.**^^ who shall neglect to qualify within ninety days after the passage of this act shall be deemed to have refused to serve. Said commissioners shall compon- be paid, out of the moneys received under this act, two dollars per day »*^<*'»- for each day's service actually and necessarily performed and their necessary expenses incurred in the discharge of their duties under this act, and they shall report annually to the Comjytroller under oath the Annual amount of all their receipts and expenditures. report. \ 4 The Comptroller may in his discretion loan and advance to said oomptroi- oommissioners such sum or sums, from time to time, as may have been adVanco exx)ended by such commissioners, not exceeding, however, in the aggre- money, gate, the estimate of taxes hereby in this act authorized and imposed, and such taxes so imposed shall be strictly applied to the refuncung of said loan or advance. \ 6. This act shall take effect immediately. 706 LAWS OF NEW YORK. [Chap- 618. Chap. 517. AN ACT to authorize the city of Buffiilo to issue its bonds for the purpose of perfecting the extended system of water supply to the city and its inhabitants* Passed May 21, 1874 ; three-ftfths being present. The People of the State of New Tork^ represeiUed in Senate and Assembly y do enact ctsfoUows: Water Sbction 1. It shall be lawfUl for the oommon council of the dty of common ^^^^^9 ^ ^^^ ^^ amoQnt not to exceed in the aggr^^ate three hon- ooQBcii dred thonsand dollars, which shall be used exclusively for the purpose SSney for. ^' perfecting the extended system of water supply. And for such piir- May issae poses it Shall be lawful for the common council of said dty, by aTOte of bonds. two-thirds of the members thereof, from time to time to authoiiase ibe issue of the bonds of the said dty to an amount not to exceed three hundred thousand dollars in the aggregate, in addition to the amount Bate of ^ow authorized by law to be issued, b^EUdng interest at the rate of seyan interest per centum per annum, the interest to be paid semiannually in the city When and ef New Tork, and the prindpal at the same place ; said bonds to be where due and X)ayable in not less than twenty years nor more than fifty yeasv paya e. ^^ ^|^^.^ j^^^ g^^ bonds to be sold at not less than tiieir par value. \ 2. This act shall take effect immediately. Oh.ap. 518. AN ACT to repeal an act entitled "An act to, in corporate The BujQalo and Hamburgh Turnpike Company," passed April thirteenth, eighteen hundred and twenty-six, and all acts in addition to and amendatory thereof. Passed May 21, 1874 ; three-fifths being present. Th£ People of the State of New Tork, represented m Senate and Assembly, do enact as follows: Bepeai. SECTION 1. The act entitled '* An act to incorporate The Buffiilo and Hamburgh Turnpike Clompahy," passed April thirteenth, eighteen hnii> dred and twenty-six, and all acts in addition thereto and amendatory thereof are hereby repealed. \ 2. This act shall take effect immediately. Chap. 520.] NINETY-SEVENTH SESSION, 707 Ohap. 519. AN ACT aathorizing the trustees of the Evangelical Lutheran Church of St. James, of Guilderland, to grant and convey a portion of their real estate for cemetery purposes. Passed May 21, 1814* The People of the State of New York, repre^efited in Senate and Assembly y do eiiact a>sf60mos : Sbction 1. The trustees of the Evanffelical Lutheran Church of St ConTej-i JaHiee, of the town of Guilderland, in the county of Albany, are hereby thori»S aathorized and empowered to give, grant and convey to the trustees of the Fairview oemetary of said town of Guilderland, a plot of ground of not more than ten acres, from their church fium, to be designated by the trustees of said church, and to be used as and for a cemetery. But sudi gift, grant and conveyance shall be at all times subject to the Condi- right of ue said church to inter their poor parishioners in said plot of ^^'^' giound without charge by such cemetery association therefor ; and shall be subject further to the condition that the property so conveyed to the said cemetery associatiou shall forthwith revert to and become the property of said church, whenever the same shall cease to be used and appropriated by such association for cemetery purposes. § 2. This act shall take effect immediately. Chap. 520. AN ACT to incorporate " The Association of the Alumni of Columbia College.*' Passed May 21, 1874. The People of the State of New Tork^ represented in Senate and Assembly, do efmct a^foUows : Section 1. Henry Drisler, Frederic De Peyster, J. Howard Van Corporat Amringe, Charles R. Swords, Henry James Anderson, William Mitchell, ^"* George P. Quackenbos, Charles A. Silliman, William H. Butterworth, Joseph B. Lawrence, Henry R. Beeckmafi, William Bayard Cutting, James McKamee, James M. Brady, Seth Low and Stuyvesant Fish, at present forming the officers and standing committee of *' The Association of the Alumni of Columbia College " t(^ether with such other persons as appear to be members of that association on the books of the treas- urer of the same, and not to be in arrears more than two years for dues, and also with such other persons as shall hereafter become members of the corporation hereby created in such manner and upon such terms as shall be prescribed in the constitution or by-laws of such corporation, are hereby constituted and created a body corporate and politic in fact and in name, by the name of *^ The Association of the Alnmni of Colum- Corporate bia College " for the purposes mentioned in this act ; and by that name ^^•°^®' they and their successors, and associates shall have perpetual succession, ana shall be capable in law of suing and being sued, and of receiving, * CeTtttled by the presiding officer of the ABsembly as haTing passed the Assembly, " three- flflbs being present." 708 LAWS OF NEW YORK. [Chap. 520. lilmita- tSonof income. ObJectB. lioctore- 8hip8. Trofitees. ConBiita- tioD and by-laws. Officers. Standing eoramlt- tee. Their powers. Terra of office. Constita- tion and by-laws. General corporate rights. Personal liabiUty of members. May take by devise or be- quest. Officers of associa* tion to hold tiU snccessors are elect- ed. Property of associa- tion. Interest of members in proper- ty, wben to termi- nate. purchaaing, holding, conveying, leasing, mort^ging or otherwise dis- X>osing of any real and persoaiAl e^te for the use and benefit of said corporation, which estate shall not exceed the net annual income of twenty thousand dollars. j^ % The object of this corporation shall be to perpetuate the friend- ships and relations arising during the oour^e of study in Columbia col- lege, to promote the true interests, influence and efficiency of Colum- bia college as an institution of sound learning and practical education ; and with these objects to establish lectureships, to have meetings of the members of said corporation for social and literary purposes and for the management of its business, to appoint from time to time (if the trustees of Columbia college shall consent thereto, and with such restric- tions, if any, as said trustees shall prescribe) such number of trustees of said college, as said college may, by general rules, or from time to tftne authorize said corporation, hereby constituted, to appoint. ^ S. The said corporation, at one or more special meetings to be called hy itiS standing committee for that purpose, shall have power to frame its constitution and by-laws, with provisions therein for subsequent amendments of the same, provided the said constitution, by-laws and amendments be not inconsistent with the law^s or Constitution of the United States or of this State, and that there be present at such special meetings at least thirty members. § 4. The officers of said corporation shall be, until otherwise prescribed by their constitution, a president, vice-president, secretary and treas- urer, who, with twelve other membei'S to be elected at a general or special meeting, shall be the standing committee of said corporation. & 6. Such standing committee shall have such powers as shall be law- fully conferred on tnem by the constitution and by-laws of the corpora- tion, and they and the said officers shall hold their offices for such time and in such manner as such constitution and by-laws shall prescribe. ^ 6. Such constitution and by-laws may declare what number of members shall constitute a quorum at meetings of the standing com- mittee and provide for the manner of admitting and suspending and removing members and officers of the corporation. ^ 7. The said corporation shall be subject to and have the rights con- ferred by the general provisions contained in the third title of the eigh- teenth chapter of the first part of the Revised Statutes, except that no member of said corporation shall be liable for any debts or liabilities of the same unless on an agreement in writing to be subscribed by such member and expressly binding him. § 8. The said corporation hereby constituted may take real and per- sonal estate by will, but subject to the general provisions of the act relating to wills passed April thirteenth, eighteen hundred and sixty, chapter iiaee hundred and sixt^. ^ 9. The several officers of said association existing at the time of the passage of this act shall hold their respective offices as officers of this corporation with the powers and duties prescribed bv the constitution ana by-laws of said association until their successors shall be elected oar appointed. Further, all property, rights and interests of said assoda- tion shall by virtue of this act vest in and become the property of thia corporation. ( 10. All interest of any member of said corporation in its property shall terminate and vest in the corporation upon his ceasing to be a member thereof by death, resignation, expulsion or otherwise. h 11. The Iiegislature may at any time alter, amend or repeal this act { 12. This act shall take effect immediately. Chap. 521.J NINETY-SEVENTH SESSION. 709 Chap. 521. AN ACT to incorporate the St. Johns Savings Bank of Fordham, in the city of New York. Passed May 21, 1814 The People of the State of New York, represented in Seriate and Assembly J do enact a^ foUotos : Sbction 1. Frederick Folz, Mark K. Hamilton, Jr., Frederick C. Coi-pora- Berte, Edward Molson, William Merkleham, John V. Traphagen, A. H. '^"• Dundea, John R Has^n, J. Kinsella, Moses Devoe, Samuel M. Purdy, Joseph H. Gk>dwin, Edward Gumming, Daniel Valentine, Edwin V* Wel^, and Charles Girding, and their successors, shall be and they are hereby constituted a body corporate and politic by the name of the 8t Corporate Jobus Savings Bank of Fordham, to be located in the twenty-fourth ujcaSoii!*^ ward of the dty of New York, and by that name shall have perpetual succeaeion, and may sue and be sued in any of the courts of this State. ^ 2. The persons named in the &r8t section of this act shall be the First tnu- first trustees of the said corporation, and all vacancies in the office of *®®** trubtee shall be Killed by the board, by ballot, without unnecessary vaoan- delay, and a vote of a majority of the remaining members of the board ®*®*- shall be necessary to elect a trustee. ^ 3. The business of the said corporation shall be managed and Board of directed by said board of trustees who shall elect from their number a 1^0100? president and two vice-presidents, and may elect from their number or ^cerg, otherwise such other officers as they may deem expedient, and the vote of a majority of a full board of trustees shall be requisite for the appointment of any officer receiving salary therefrom, or to fix or to increase the salary of any officer. ^ 4. No person being a trustee shall directly or indirectly receive any no tras- pay or emolument for his services, and no trustee, officer or servant of ^r*o*J??er. said corporation shall, directly or indirectly, for himself or as thevantto agent or [)artner of others, borrow any of the funds of the said oorpo- corpoii?' ration or its deposits, or in any manner use the same or any part ^^on, &o. thereof, except to make necessary current payments or to make invest- ments or to deposit for safety under the direction and by authority of the board of trustees ; nor shall any trustee, officer or servant of said corporation be an indorser or surety, or in any manner be an obligor for moneys loaned by or borrowed of the said corporation. ^ 5. A quorum of said board of trustees shall consist of not less than Qaonim. five, of whom the president or one of the vioe-inresidents shall be one ; and it shall be lawful for the trustees, in their by-laws, to provide for a larger quorum ; but less than a quorum shall have power to adjourn from time to time or until the next regular meeting. ^ 6. A regular meeting of the board of trustees shall be held once in Monthly each month to receive the reports of their officers and transact such other SfbolJ{§. business as may be necessary ; and the trustees may, in their by-laws, provide for calling special meetings ; and any trustee omitting to attend special the regular meetings of the board for six months, unless previously "»«®*^«^ excused by a. vote of the board, shall thereby vacate his office as trustee, but may, in the discretion of the board, be eligible to a re-election. ^ 7. The board of trustees of said corporation shall have power, from By laws time to time, to make such by-laws, rules and regulation * as they may • S« in original. 710 LAWS OF NEW YORK. [Chap. 52L think proper for the elections of officers, for prescribing their respective powers and duties and the manner of discharging the same, for the appointment and duties of committees, and geuerSly for transacting, Proviso, managing and directing the affidrs of the corporation ; provided sadi by-laws, rules and regulations are not repugnant to nor inconsistent with the provisions of this act, the Constitution and laws of this State, or of the United States. BasincBs ( 8. The general business and object of the corporation hereby created objects. ^Y^w Ijq ^ receive on deposit any sum or sums of money that may be offered for that purpose by any person or persons, or by any religious or charitable corporations or societies, not exceeding the sum of three thousand dollars from any one person, corporation or society, and to invest the same and declare credit and pay dividends or interest thereon certifl. as hereinafter authorized and not otherwise, and all certificates or other good' ***** evidences of deposit made by the proper officer of bbAA corporation gAhUI without be as effectual 1x> bind the corporation, as if executed under the common ^^' seal thereof inTost. ^ ^- It shall be lawful for the trustees of the corporation to invest the ments. nioneys deposited with them, and the gains or profits thereof, only as fi)llow8, to wit : In IT. s. 1. In the stock or bonds or interest-bearing notes or cerUficatee of ^^^ the United States. state 2. In the stocks or bonds or evidences of debts bearing interest of stocks, this State. City or 3. In the stock or bonds of any dty or county of this State, issued bonds'^ pursuant to the authority of any law of this State, but not exceeding ten per cent of the assets of the corporation shall oonMst of dty or county bonds. Bonds 4 In the bonds seeored by mortgages on unincumbered and produo- Aa«»8*°'^" ^^® '^^^ estate situated in this State worth at least twice the amount loaned thereon ; but not to exce^ forty per cent of the assets of the corporation shall consist of such bonds and mortgages. Power to 5. It shall be lawful for the corporation to purchase, hold and convey and oonl** real estate only as follows : a. A lot and banking house requisite fot vey real' the transaction of its business, and for an income ^m such xxntions of ^^^' the same as are not required for its own use : c. Sudi as shall have been purchased at sales upon foreclosures and judgments or decrees obtained or rendered for money loaned, and all such real estate as is described in the last two preceding clauses shall be sold by the trustees within five years after the same shall be vested in the corporation, unlese upon application by the trustees the Superintendent of the Banking Depart- ment shall extend the time within^ such sale shall be made. Personal ^ 10. In all cases of loans uj)on real estate a suffident bond or other for lo^. personal stjcurity shall be required of the borrower, and all the expensed of searches, examinations and certificates of title or appraisals of value, and of drawing, perfecting and recording papers shall be paid by such borrower. insnr- ^ 11. Whenever buildings are included in the valuation ot any real ^®^' estate upon which a loan shall be made by said corporation they shall be insured by the mortgagor for at least twoLthirds of their value, in such company of this State as the trustees i^ll direct, and the poHcv of Renewal insurance shall be duly assigned to the corporation ; and it shall he ot poucy. la^n^i foj. gaid corporation to renew such policy of insurance in the same or in any other company of this State, as they may elect horn year •So in original. Chap. 521.] NINETY-SEVENTH SESSION. 71X to year, or for a longer or ahorier term, in case the mortgagor Bhall neglect to do so, and may charge the same to him ; and all the neoefsaary Exponsee charges and expenses paid by said corporation for such renewal or ^^<)>^®<>^* lenevrald shall be paid by sudfi mortgagor to the said corporation, and shall be a lien upon the property so mortgaged until paid. ^ 12. It shall be unlawful for the said corporation, directly or indL corpora. or rectly, to deal or trade in real estate in any other case, or for any other {^^Seai purpose, than aa authorized in the ninth section of this act, or to deal trade in or trade in any goods, wares, merchuidise or commodities whateyer, estate, except as autlK>ri2ed by the provision ^ of this act, and except sudi ^^^ personal property as may be necessary in the transaction of its business. ^ 13. It shall be lawful for the trustees of the corporation, while Loans, awaiting opportunity for the judicious investment of the moneys deposited with them, as authorized and required by this act, to loan the same, or any part thereof, uppn the securities mentioned in section nine oi this act, subject to the limitations contained in said section, but not exoeedin^r ninety per cent, of the cash market value of such securitiea shall be toaned thereon ; and should any securities depreciate in value, when im* after making a loan thereon, it shall be the duty of tiie trustees to ^at^ment require the immediate payment of such loan, or a 'psai thereof, or or ktwi- additional security therefor, so that the amount loaned shall at no time cnSt^^' exceed ninety per cent, of the market value of the securities pledged for. ]!^„ir ^d § 14. It shall be the duty of the trustees of said corporation, as soon inTost- as practicable, to invest the moneys deposited with them, and the gains ^^^^^ or profits thereof, in the securities named in the ninth section of this act, except an available fiind of not exceeding twenty per cent, of the Excep- deposits with said corporation, which the trustees may keep to meet available current payments, and which may by them be kept on deposit in any (tind. bank or banking association organized under any law or laws of this State or of the United States, or with any trust company incorporated hy any law of this State, upon such terms as may be agreed upon ; but the sum so kept on deposit in any one bank or trust company shall not Amonnt exceed twenty per cent, of the capital of such bank or teust company, hereof. and shall not exceed twenty-five thousand dollars or ten per cent, of the whole amount of deposits with this said corporation ; or such avail- May be able fund or any part thereof may be loaned by the trustees on call, or J.^^^^ ^^ On notice not exceeding ten days, upon the securities, and in the manner provided in the last preceding section of this act. ^ I'd. The sums deposited with the said corporation shall be repaid to Repay- the depositors thereof, or their legal representatives, at such times and ^e^^^. with snch interest and under such regulations as the board of trustees ors, regn. shall from time to time prescribe, which regulations shall be put and Iheremr. kept up in some conspicuous place in the room where the business of the corporation shall be transacted, and shall also be printed in the p«sa.book of each depositor, but shall not be altered so as to afieet any deposit previously s^ade. ^ 16. Whenever any deposit shall be made by any person being an Deposit alien or minor, or a female, being or thereafter becoming a married jjft^^^"* woman, the same shall be held for the exclusive right and benefit of or mar' such depositor, and free bom the control or lien of ^1 persons whatso. menrbow ever, except oeditors, and shall be repaid, together with the dividends beid'. or interest thereon, to the person mafidng the deposit, and the receipt Receipt of acquittanoe of such alien, minor or female shall be a valid and suffi* ^«reito. (font release and discharge for such deposit for the corporation. •SorlAOrigliiaL 712 L4WS OF NEW YORK. [Chap. 521. In an ao- § 11. In all actioQS in any ooiut of thiB State agaiuBt the said coipo-. hasband, nrtioni by a husband to reoover for moneys deposited by his wile in wife may her own ni»ne or as her own money^ the wife may be examined and nera.^^^ testify as a witness in like manner as if she were an unmarried wonaafi^ Claimant And in all actions against the said corporation to recoyer for moneys party to ^^ deposit therewith, if there be any person or peieons, whether bna* action, band or wife, or otherwise, claiming the same fum, who are not partiea broogbt to the action, the court in which such action is pending shall, on the ^- x)etition of said corporation and upon five days' notice to the plaintiff and such claimants, make an order amending the proceedings in aaid action, by making such claimants parties defendant thereto ; and ihe said court shall thereupon proceed to bear and determine the rights and interests of the several parties to said actiarailel with Oneida street, sixty-three feet ; thence southerly, parallel with Liberty street, thirty feet ; thence westerly, parallel with Oneida street, sixty- three feet to the place of beginning, being a jyart of lot number ninety- seven. Van Buren tract, Oswego dty, to any person or persons who Convey, shall have purchased, or may purcliase the same hereafter. Such cou- exectiteT veyance to be executed by the mayor of the city of Oswego under the corporate seal of said city. ^ 2. This act shall take effect immediately. Chap. 538. AN ACT in relation to free union school district number one of the town of Plattsburgh. Passed May 21, 1814 ; three-fifths being present. I%a People of the State of Neio York, represented in Senate and Assembly f do enact asfoUotos : Board of Sbctiom 1. The board of education of flree union school district num- may fwue ^' ^^® ^^ *^^ town of Plattsburgh is hereby authorized, in arcordanoe boncu. with the votes of said district, passed severally, June third, June tenth, and October fourteenth, eighteen hundred and seventy-three, and April fourth, eighteen hundred and seventy-four, to issue bonds of said dis- When trict, payable in not exceeding twelve years from the date of the several payable. ix)nds, with the interest payable thereon semi-annually ; and also for Pnrposee. such sums as Said board shall think necessary for erecting a new school building, purchasing additional ground for site, for sewerage, furniture, apparatus, and incidentals, to an amount not exceeding forty-two thou- sand dollars, and for such further sum as may hereafter be voted for such purposes. Said bonds shall be made and negotiated under the dixec- tioii of the aforesaid board of education, but shall not be sold at less than their par value, and no commission or other compensation shall be allowed for negotiating the sale of said bonds, or for receiving or dis. bursing any moneys belonging to said district, except the legiU fees of the collector of said district, unless by a vote of the district. Baid bonds How exe- shall be signed by the president of said board, and countersigned and cuted. registered by the treasurer of said board ; and to meet said bonds and Chap. 529.] NINETY-SEVENTH SESSION. 719 the interest thereon a sufficient omoant shall he raised by taxes, from tezm. time to time, in the same manner as other district taxes, to pay the § 2b This act shall take effect immediately. Chap. 539- AN ACT to provide increased facilities for the fire depart- ment in the town of New Lots, Kings county. Passed May 21, 1814 ; three-fifths being present. Tfis PeopU of the StcUe of Neto Torky represented in Seriate and Asaefnblyf do enact as fdUotoe : Sbction 1. It shall be lawful for the supervisor and town clerk to special call a special town meeting, to be held in the town of New Lots, county '"o®'^"*- of Kings, on the first day of June, eighteen hundred and seventy-four, between the hours of sunrise and sunset, to determine, by ballot, whether a sum, not to exceed twenty-five thousand dollars, shall be expended for the purpose of increasing the efiidency of the fire depart- ment in said town, for which purpose separate boxes shall be provided, and ballots prepared, containing the words " For,'* or "Against,*' and Ballots. be indorsed '^ Fire department supply,'* and, if a majority of votes are in £&vor, the supervisor and commissioners of highways for said town of New Lots shall, each of them executing a bond to the county treas- Bond of urer of said county, within thirty days aft^ Such election, in the sum of on,^f ' ten thousand dollars, for a faithful disehaige of duty and disbursement of moneys which may come into their hands, proceed to effect or carry out the provisions contained in the following sections of this act. ^ 2. If the decision of the voters be in favor, as before provided, it Tax. shall be the duty, and they, the supervisor and commissioners of high- ways, are hereby authorized to raise, by tax upon the taxable property of the said town of New Lots, a sum not to exceed twenty-five tiiousand dollars, for the purpose of procuring apparatus, laying water-pipe or other appliances which may oe deemed necessary for the extinguish- ment of fires. ^ 3. The sux)ervi8or of said town of New Lots is hereby authorized to Sapervi^. borrow, on the foith and credit of the town of New Lots, and in its go^w name execute and issue bonds for such sum or sums of money, with money interest, as shall be necessary to pay for the cost and expenses of such bonJef"^ apparatus, laying of 'pipe or other appliances for the extinguishment of fires. The honoB so to be made and issued may be in such sums and at such rate of interest, not exceeding seven per cent., and payable at Bate of the office of the county treasiirer of Kings county at such times, not ^JH^^^^^* exceeding ten years, and in such form as the said supervisor may deem expedient § 4 The said supervisor and commissioners of highways shall each smn re- year certify to the board of supervisors of the county of Kings such sum Stenwi/S as may be required for interest on the bonds whic^ may be issued, be certi- which sum shall be by them (the supervisees) added to and made a ^iy,^Ac.^' part of the annual taxes for each and every year until the maturity of the bonds authorized to be issued, when, upon the maturity of said bonds thus issued, the said board of supervisors shall levy, and direct to be collected, the full amount of said issue, with interest, to meet the bonds BO maturing. V 7^0 When connty Jndge to appoint coinmU- Bionen. Compen- Baa6n. Commis- sioners may open Falton avenaot Ac. Map to be made and filed. Assess- ment of damages, liow made. LAWS OF NEW YORK. [Chap. 680. \ 5. In case ot the Mlore of 8a9d Bt^^er^imt ot mtii!fe8ioners of high. ways to qualify, as {ymvided in section ftrst of tbis act, it shall be the duty of the county judge of Kin^s county, on application being made to him by the tax-payers of said town, to appoint oommissioneTg, not excee(ung five in number, to carry out the provisions of this act, yd the commissioners so appointed shall perform all the duties and shall give bonds as provided in this act ^ 6. No person acting as a commissioner iinder the provifflons of this act shall be entitled to any <^mpensation of any kind whatever^ for any duties i)erformed under tne provisions of this act, ^ 7. This act shall take efliect inunediately. Notice of meeting to make as- sessment. Review and cor- rection. Chap. 580. AN ACT to provide for the opening, regulating and improv- ing of Fulton avenue, in the town of New Lots, Kings county. Passed May 21, 1814 ; three-fifths being present The People qf the State qf New York, repr^aented in Senate and Assemhlp, do enac^ a^ foUawe ; Section 1. 'The commissioners appointed under and by anttiority of chapter three hundred and forty-nine, laws of eighteen hundred and seventy-two, aie hereby empowered and authorized to open Pnltoii avenue in the town of New Lots ftom the westerlyline of property lep- resented on map B, as filed in the oiBoe Of the re^Mrterof Kings coun^, easterly to the Queens county line, and to regulate and improve tie same in accordance with the petition on file in said commisBioners* office (said petition being signed by t^jvo-thirds c^tbe resident owners on the line of said avenue). ^ 2. Shck commissioners shall have a map made, showing the land to be taken for the use of sudi avenue as now laid out and adopted by the town survey commissioners of Kings county, and shall file a copy of the same in the office of the town clerk of the town of New Lots, and soA commissioners shall also have power to assess the damages, if any, sus* t&ined by persons through whose lands such avenue shall be opened. In assessing such damages they shall view the premises, hea» the per* ties interested, and shall assess such damages, as is hereinafter proTi» ded, on such lands as shall be in their opinion benefited thereby, ex^pt- ing, however, flrom assessments for hinds taken, the lands of those owners who shall, wittiin thirty days after the notice of the filing of tte map showing such lands to be taken for said avenue, release to the town of New Ldto the lands necessary for said "avenue and open the same. In making the assessments for lands taken and buildings removed, and making the awards therefor, the commissioners shall give notice in one or more newspapers publisi^d in said town, at least once a week for two weeks previous thereto, of a time when and a place where they will meet for such purpose, for which purpose they may adjourn from time to time as they may deem necessary. After hav- ing completed such assessments for damages and benefits, they diall pre- sent the same, together with a map sbowmg the assessment district in which mxdi assessments are laid (as is hereinafter provided), to any justice of the Supreme Court of the second judicial district, for review and correction, who, after examining the same, shall, if he find the eaid Chap. 680.] NINETY-SEVENTH SESSION- 721 asseeisnieQt just, cause an order to be entered confinning each assess- ments and awards, and the same shall be final and conclusive^ and the lands taken shall vest in the town of New Lots for the purpose of a pablie iuf hway. ^ 8. Such commission^ie shall issue to the owners of lands taken, or certifi- bmldings removed, to whom awards for benefits are made, certificates hftJebted- of indebtedness for the amount of such awards, deducted therefrom the neaa. ambunt, fir«t^ that may be assessed against them for the opening of said areniie, for wbioh purpose the oommiftsiaaers shall give notice of a time Notice of when and place where thev will meet to issue such certificates, such >^«<)^^- notice to be published not less than twice in the public newspapers of said town. ^ 4. The commissioners shall enter upon tiie lands taken for said ck>inmis. Fulton avenue, by their en^neer and servants, and proceed to fix a entOT^S? grade for and grade and make a good haid road and gravel turnpike of on land, said Fulton avenue; and shall assess the cost and expenses thereof, !!!^ad?ft«. together with the amount due for counsel fees, superintendence, maps To assess and smrveys, and all general expenses of said commissioners in carrying ^^i^' out the provisions of this act, and the amount necessary to pay the ftc. oertiLficates issued for the lands and buildings taken, upon tiie lands and premises immediately adjoining said Fulton avenue from, the westerly fine of property represented on map B, as aforesaid easterly, to the Queens county line, to the extent of we center of the block, not exceed- ing two handled feet on both sides thereof, as they deem the same benefited theireby ; and shall certify such assessments to the supervisors cortiflcate sition of butts, hogsheads, barrels, casks or kegs used by. the manufacturers of malt liquors." Passed May 22, 1874 ; three-fifths being present. The People of the State qf New York, represented in Senate and AssenMy, do ena^jt as follows : SscmoN 1. Section fonr of the act chapter two hundred and seventy- six of the laws of eighteen hundred and sixty-four, entitled ** An act in relation to the sale, use and disposition of butts, hogsheads, banelSi casks or kegs used by the manu&cturers of malt liquors," which section reads as follows : ^' The provisions of this act shall apply only to the cities of New York, dty and county of Albany, and the ooanty of Kings,'* is hereby stricken out of said law and repealed. ^ 2. This act shall take effect immediately. Chap- 534.] NINETYrSEVENTH SESSION. 7^9 Chap- 533- AN ACT authorizing the supervisor of the town of Poland in the county of Chautauqua, to convey to the Levant Cemetery Aasociation, the lands now held hy said town for said cemetery. Passed May 22, 1874. The People of the State of New York, represefUed in Senate and AaserrMyy do enact aafoUowa : * Section 1. The supervisor of the town of Poland, in the county of Chautauqua, is hereby authorized upon the written consent of a majority of the lot owners in said cemetery association, an association formed in said town under the act passed April twenty-seventh, eighteen hundred and forty-seven, entitlea " An act authorizing the incorporation of rural cemetery assodations," and the several acts amending the same, those certain pieces or parcels of land of which the said town or its supervisor is now seized, and which are used and occupied for cemetery purposes by said cemetery association ; and when such conveyance shall have been duly made, the said pieces, or parcels of land shall be thereafter held for cemetery purposes only, by the said association for the benefit of the inhabitants of said town, and the members of said association, and shall be subject to the management and control of the trustees and officers of the said association. \ 2. This act shall take e£kct immediately. Chap. 534. AN ACT authorizing the supervisor of the town of Poland, in the county of Chautauqua, to convey to the Kennedy Cemetery Association the land now held by said town in the village of Kennedy, and used for cemetery pur- poses. Passed May 22, 1874 ; three-fifths being present The People of the State of New York, represented in Senate and Assembly y do enact as foUotos : ■ Sbction 1. The supervisor of the town of Poland, in the county of Chautauqua, is hereby authorized upon the written consent of a majority of the legal voters of said town to convey to the Kennedy Cemetery Association, an association formed in said town under the act passed April twenty-seventh, eighteen hundred and forty-seven, entitlea "An act autiionzing the incorporation of rural cemetery associations," and the several acts amending the same, that piece or parcel of land situate in the village of Kennedy, town of Poland, of which the said town or its supervisor is now seized, and which is used and occupied for cemie- tery purposes, and when such conveyance shall have been duly made, the said piece or parcel of land shall be thereafter held but for cemetery purposes only, bv the said association for the benefit of the inhabitants of said town and the members of said association, and shall be suljeet to the management and control of the trustee and oifioers of the said association. ^ 2. This act shall take effect inunediately. 7Q4: LAWS OP NEW YORK. [Chap. 586. Boim- bnrae- ment. Coroner may em- ploy siir- gJODS. Fe^sas Chap. 585. AN ACT to amend chapter eight hundred and thirty- three of the laws of eighteen hundred and seventy-three, entitled ''An act to regulate the fees of coroners." Passed May 22, 1814 ; three-fifths being present. Tfie People of the State of New York, represented in Senate and Assembly y do enact as follows : Section 1. The thirteenth paragraph of section one, chapter eight hundred and thirty-three of the laws of eighteen hundred and seventy- three, entitled "An act to regulate the fees of coroners," is hereby amended by adding thereto the words, " as shall be allowed by the board of supervisors,'* so that said paragraph shall read as follows : " Shall be reimbursed for all moneys paid out, actually and nece^ sarily, by him in the discharge of official duties as shall be allowed by the board of supervisors," \ 2. Section two of said act is hereby amended so as to read as follows : § 2. A coroner shall have power, when necessary, to employ not more than two competent surgeons to make post-mortem examinations and dissections and to testify to the same, the compensation therefor to be a county charge. ^ 3. Section three of said act is hereby amended so as to read as follows : ^ 3. Whenever, in consequence of the performance of his official duties, a coroner becomes a witness in a criminal proceeding, he shall be entitled to receive mlleac'e to and from his place of residence, ten cents per milQ, aind three oollars per day for eadi day, or fractional parts thereof, actually detained as such witness. Taxeefor highway labor a money tax. Tmstees may con- struct scweni Ac. Expenses thereot. Ohap. 536. AN ACT to amend the charter of the village of Weeds- port, in the county of Cayuga. Passed May 22, 1874 ; fhree-fifths being pireeeni The People of the State of New Tork^ represented in JSknate and Assembly^ do enacA asfollozos: Sbctioit 1. All highway labcar asBeased l^ the trostees of the village of Weedspori upon tlie inhaibitasLts or property thereof, shall be macsmoi at one-half of one x>er oent. upon the last aaooosod valuation, cr at a less fliun as the trastees may direct, and all taxes for highway labor shall be a tnoney tax, and oolleeted by the ooUector of the village and paid to the treasmer of said village as soon as collected. The traatees of 4Baid village shaU, in addition to the powers th^ now possees, ha;re authority to oonstroct or cause to be constructed, all sewen, calveiis and draJaia which, in their judgmest, mskj be tteceeeary far Hie proper drainage of 4Baid village, o^ any of the streets thereof^ oneJialf of the expense of all such seiwers, ealverts and drains to be paid by aoch par- ties as the trustees may deem such sewers, culverts and drains to have benefited, and the other half to be padkl out of the highway tax of said Chap, 537.] NINETY-SEVENTH SESJ8I0N. 735 village. The poU-tax of said village shall be one dollar each, and pou tax. shall be collected in the same manner as other taxes. The trustees of street said village shall have authority to appoint one or more street commis- eionS?" flioiiezB, and one or more police constables, and shall likewise have the andpouoo power to fix the compensation of such street commissioners, but such ww?* comx>eiisation shall not exceed two dollars per day. The fire company Fire com of said village, or a majority of the members ttiereof, are hereby empow- Jiect ow^ ered to elect a chief engineer and all the other oliioerB of the fire com- engineer, pany of said village at a public meeting of said company, to be held at the engine house in the said village upon ten days' notice of such meeting being given either in a newspaper pablished in Weedsport, or by three written or printed notices posted in conspiouous places in said village. The trustees of said village are hereby required to give side- ten days' notice to any owner or occupants in said village to repair ^*"^ his, her or their tddewalks, and twenty days' notice to build new ones. ^ 2. All acts or x>art8 of acts inconsistent herewith are hereby lepealed. ^ 3. TtoB act shall take e£Feot immediately. Chap. 537. AN ACT to repeal an act passed May eleventh, eighteen hundred and seventy-two, entitled "An act to amend an act entitled * An act to provide for the drainage of the swamp, bog and other low and wet lands in the village of White Plains and adjacent thereto,' passed May second, eighteen hundred and seventy*one," so far as the same relates to that portion of the town of Greenburgh lying without the limits of the village of White Plains. Passed May 22, 1874. TTie People of the State of Neu> Torkj represented in i3&ruUe and Assembly^ do emxct as follows : Sbctiojx 1. An act passed May eleventh, eighteen hundred and Repeal, seventy-two, entitled " An act to amend an act entitled * An act to pro- vide for the drainage of the swamp, bog and other low and wet lands in the village of White Plains and adjacent thereto,' passed May second, eighteen hnndred and seven ty-one " is hereby repealed so far as the same relates to or renders liable to assessment or taxation all ttiat portion of the town of Ghreenburgh lying without the limits of the village of White Plains ; provided, however, that nothing in this act ProTiao. contained shall affect any action or x^oceeding now pending in any court, nor any act or thing done prior to the passage hereof, or any oontraet heretofore made under and porsnant to the act hereby rej^eaU ed, or any Uabitity of the town of (S^eenbuigh or the taxable x>rope?ty thereof for assessment or taxation on account of work heretofore done or contracted to be done under said act, or for the payment of bonds issaed or which may lawfully be required to be iseaed to pa^ for such work done or contracted to be done. \ 2. This act shall tEkke efifect immediately. « 726 LAWS OF NEW YOEK. [Chap. 539. Chap. 538. AN ACT to amend an act entitled "An act in relation to to the keeping open of certain public offices in the county of Kings," passed June twenty-eighth, eighteen hundred and seventy-three. Passed May 22, 1874 ; three-fifths being present The People of the State of New York, represented in Senate and AssenMy, do efiact ga follows : Section 1. The first sectioQ of said act is hereby amended so as to read as follows : Office of &1. The office of the sheriff, county clerk and register of the county dork^nd ^^ ^^^^j ^^d the office of the clerk of the city court of BrooklyTi, afaall register, be closed On Saturdays at three o'clock p. m., and kept open every other cferkof day in the year from nine o'clock in the forenoon till four o'clock in ^g^^court, the afternoon, except Sundays, the first day of January, commonly honre to Called New Year's day, the twenty-second day of February, the thir- be open, ^ieth day of May, known as Decoration day, the fourth day of July, the twenty-fifth day of December, or any day appointed or recommended by the Gk)vemor of this State or the President of the Umted States as a day of fast or thanksgiving, the day for holding the general State election in each year, and also any day appointed for holding any special election in the county of Kings. Whenever any of the holidays mentioned in this act shall fall upon Sunday the Monday next follow- ing shall be deemed and considered a public holiday for all or any of the purposes aforesaid. ^ 2. This act shall take effect immediately. Chap. 539. AN ACT to incorporate the State Council of the Order of United American Mechanics of the State of New York. Passed May 22, 1814 The People of the State of New York^ represented in Senate and Assembly^ do enact asfoUotos: corporat- SECTION 1. The members of the State Gouncil of the Order of United ^"' American Mechanics of the State of New York, and such other penona as may hereafter become members thereof, are hereby created a body Corporate politic and corporate, in deed and in case, by the name', style and title ""^""^ of the State Council of the Order of United American Mec^nics of the Board of State of New York, to be comx)osed of a board of incorporotion as fol- Mon.*^^'"" lows : A state councillor, state vice-councillor, state council secretary, state coundl treasurer, state council inductor, state council examiner and ' state council ph>tector, who i^U be annually elected at such time and in such manner and place as the constitution and by-laws provide. Corporate ^ 2. The said corporation, by that name, shall have ana enjoy per- powere. peiual succession, and be able to sue and be sued, plead and be ink- pleaded in all courts of law or elsewhere in this State, and shall be able and capable, in law and equity to take, purchase, hold and receive to them and their successors, for the use of said association, any land^ Chap. 540.] NINETY-SEVENTH SESSION. 727 tenements, goods, chattels, sam or sums of money by giant, gift, bar- gain and sale, will, devise or bequest, from any i)er8on or persons what- soever, and the same to grant, bargain, sell, mortgage, improve or dis- pose of for the use of the association, and in general, to do all things which may be lawftil or necessary for the welT-beinf and proper man- agement of said corporation ; provided, that the real estate of which the Proviso. 8aid corporation shall at any time be possessed shall not exceed the clear annual value of twenty-five thousand dollars. 4 3. The said corporation shall have power to grant charters to sub. Charter to ardinate councils of the Order of United American Mechanics in the ^1^!^^^. State of New York, according to the regulations, by-laws, rules and cUb. constitution adapted to govern the same, or may be necessary for their government and promotion of the principles of the said association ; pmvided, tiiat no by-laws, rules or regulations as aforesaid shall be valid if inconsistent with the Constitution and laws of this State or of the Dnited States. §4 The present officers of the said corporation, constituting the cor- Present pomte board, shall continue in their respective stations until an election h?w^i?ng shall be held under this act, and the constitution and by-laws now in tooou- foroe shall be good and valid until altered, amended and abrogated by office/^ the said corporation. § 6. The said State Council of the Order of United American Mechan- corporate ioB as incorporated shall have power to make and use a common and "^'^* ooipomte seal, and to alter, destroy and renew the same at pleasure, and to elect and appoint such officers of said association as said eorpo- officers, ration may think necessary ; and they shall be elected at such time and ^^^^^ place, and in such manner, as the rules and by-laws of said corporation may direct. ^ 6. The objects of this association shall be such as set forth in their oi^jeota. constitution, namely : First To assist each other in obtaining employment. Second. To encourage each other in business. Third. To establish a sick and funeral fund. Fourth. To establish a fund for the relief of widows and orphans of deceased members. Fifth. To aid members who, through providence, may have become incax)aGitated from following their u^ial avocations in obtaining situ- ations suitable to their condition. \ 1. This act shall take effect immediately. Chap. 540. AN ACT to amend " An act to provide for supplying the village of Flushing, Queens county, with pure and whole- some water," passed February fifteen, eighteen hundred and seventy-two. Passed May 22, 1874 ; three-fifths being present The People cf the State ^^^^ ^^ BBLiae sball be approved by a majority of meeting, voters of said village, voting at a special or annual village election^ to be called and held by said trustees as xirovided in tiie charter of said village, after giving at least ten days' notice of such meeting, by post* ing the same in at least six public and conspicuous places in the said village, and by publication of such notice in all the newspax)er8 of said village of Flushing once in each week for two weeks. The said election shall be conducted in all other re8X)ect8 as now provided by law for Ballots, elections in said village. The ballots shall contain the words *' In &vor of seventy*five thousand dollars additional for water," or ^' Opposed to seventy.five thousand dollars additional for water." If a majority of the ballots cast at such election shall contain the words, " In favor of seventy.five thousand dollars additional for water," the approval afore. cortiflcate Said shall be considered as c^ven. A certificate of the result of such of result, election shall be filed by said trustees in the office of the county derk of Queens county, within five days after such election shall be held. snbse- In case at the election so held the approval aforesaid shall not be eie^iion. <)btained, it shall be lawful for the said trustees to call and hold subse- quent elections within two years after the passage of this act, in all respects to be called and conducted as prescribed for said first election ; but no succeeding election shall be held within six months of the time of holding a preceding election under this act. ^ 3. This act shall take effect immediately. Chap. 541. AN ACT to amend an act entitled " An act in relation to the location and erection of public buildings for the use of the city of Rochester," passed April twelfth, eighteen hundred and seventj^two. Passed May 2^ 1814 ; three-fifths being present The People of the State of New Yorkj represented in Senate afid Assejnbly, do enact aefoUotos: Section 1. Section ten of chapter two hundred and nineteen of the laws of eighteen hundred and seventy-two, being an act entitled " An act in relation to the location and erection of public buildings for tbe use of the city of Rochester," is hereby amended so as to read as follows : ^ 10. The whole amount to be expended by said commissioners under this act, shall not exceed three hundred and thirty-five thousand Chap. 543.] NIKETY-SEVENTH SESSION. 739 dollars, and they shall perfonn and complete all the duties asrigned to them by this act, on or before the first oay of July, eighteen hundred and seventy-five. ^ 2. This act shall take effect immediately. Chap. AN ACT to amdnd an act entitled " An act to revise the charter of the city of Buffalo," passed April twenty- eighth, eighteen hundred and seventy, as amended January twelfth, eighteen hundred and seventy-two. Passed May 22, 1874 ; three-fifths being present. The People cf the\State of New York, repreaented in Senate and AseenMy^ do enact aefdUowe : Section 1. Section three of title two of the act entitled " An act to revise the charter of the city of BuflEalo,** passed April twenty-eighth, eighteen hundred and seventy, as amended January twelfth, eighteen hundred and seventy-two, is hereby amended so as to read as follows : \ 3.* The officers to be elected by the electors of each Ward shall be two aldermen, two sui)ervi8or8 and one constable. The term of office Term of of the aldermen and supervisors shall be two years, and of constable ^^^^* one year, and until the successor of several ^ officers shall enter upon their office. One aldermen and one supervisor shall' be elected annu- ally. After the next annual election to take place in eijghteen hundred and seventy-four, the two supervisors elected the present year shall draw lots to det(3rmine which of them shall serve one, and whidi two years. In the thirteenth ward there shall be elected every altw- Saoervis- nate year one supervisor, who shall hold his office two years and until thirteenth his successor shall enter upon his office. There shall be three inspectors ward, of election in each election district, to be yearly elected by the Electors insDeetors thereof ; but no elector shall vote for more than two inspectors. The Son, their term of office of said inspectors of elections shall be one year, and they *wm of shall be inspectors of elections at all elections held in said city during ^ ^^' their term of office. ^ 2. This act shall Ibke effect immediately. Chap. 54:3. AN ACT to amend chapter eleven, part one, title three, article three, section thirty-one, of the Revised Stat- utes. Passed May 22, 1814 ; three.flfths being present. The People of the .State of New Tork^ represented in Senate and AssenMy^ do enact aa fcUowa: Section 1. Chapter eleven, part one, title three, article three, section thirty-one, of the Revised Statutes, is hereby amended so as to read as follows : * So in orlginaL 4T 730 LAWS OF NEW YORK. [Chap. 544 ifproper ^ 31. K any town shall omit or neglect at its annual town meeting to arenot choose its proper town officers or any of them, it shall be lawful for chosen at any three justices of the peace of the said town, by a warrant under meeting, their hands and seals, within five days after such town meeting, to J^jf^cM of appoint such officer or officers, and the person or persons so appointed may^ap^^ shall hold their resx)ective offices until others are chosen or appointed P®^*- in their places, and shall have the same powers and be subj^ to the same duties and penalties as if they had been duly chosen by the Special] electors ; but if the justices of the -peo^ &il to so appoint, it shall be meeting. *^® ^^^ ^^ *^® iown clerk, within thirty days thereafter, to call a special town meeting for the purpose of electing such officer or offioera ^ 2. This act shall take effect immediately. Chap. 544:. AN ACT to authorize the election of town auditors, in the town of Saratoga Springs in the county of Saratoga, and to prescribe their powers and duties. Passed May 22, 1874 ; three-fifths being present The People of the State of New Tork^ repreaented in Senate and Assembly y do enact as follows : Town an- SiscTiON 1. In addition to the officers now authorized by law to be bi'^^eot- ©l^t®d at town meetings, there shall be elected in the town of Saratoga ed. Springs in the county of Saratoga, at the next annual town meeting held after the passage of this act, and annually thereafter, three town auditors, whose term of office shall continue during one year after their election, and who shall form the board of town auditors for that town. Their 6 2. All the powers conferred by law upon boards of town auditors, KoT^'"' ana all duties required by law to be performed by such boards, in relation to the auditing and allowance of bills and claims against towns, or the bills and claims of any officer of the town of Sanitoga SprinfifS, so far as applicable to said county, are conferred upon and shall be required of the town auditors elected or api)ointed under and pursuant to this act How \ 3. Such town auditors shall be voted for upon the same ballote as ^tedfor, other town officers, and the votes for such auditors shall be received and canvassed, and their election shall be certified, in the manner in which the votes for other town officers are received and canvassed and their election certified ; excepting, however, that only two of such auditors shall be voted for on each ballot, and the two persons having the highest number of votes shall be declared elected ati two of su<£ auditors, and the person having the next highest number of votes i^U be declared electea as the other of such auditors. Quaiiflca- & 4 No persou shall be elected as such town auditor, or shall hold ^^°^- office as such, unless he is a freeholder of the town for which he shall be elected ; and no x)erson so elected shall hold any other office in such town during the term for which he is elected ; and if he shall accept an election or appointment to any other office in such town, he shall immediately cease to be a town auditor, and the vacancy in his office shall be supplied in the manner hereinafter required. compen- \ 5. Each of such town auditors shall be entitled to, and shall ****^"' receive, for his services, five dollars per day for each day, not exceeding Chap. 545.] NINETY-SEVENTH SESSION. 781 Iw0| actually employed by him in the x)eTfoniianoe of the duties of his office. In case oi any vacancy occurring in the board of town auditors, vaoanoy. by the death or removal firom the town of any or either of such audi- J^o^fl"*^- tors, or by his neglect or refusal to accept such office, the supervisor of the town in which such vacancy occurs may apx)oint some suitable and competent person to fill such vacancy until the next annual town meeting thereafter. ^ & All acts and parts of acts inconsistent herewith are hereby BepeaL Te-pesXed. 1 1. This act shall take effect immediately. Cbap. 54=6. AN ACT in relation to the Marine court of the city of New York, Passed May 22, 1874 ; three-fifths being present. The People of the iState of New York, repreeented in Senate and Assembly, do enact aafoUowe : Section ;l. The time of service of all pleadings of every description Time ft>r in the marine court of the city of New York, sball in all cases be six JSSJun^. davs instead of twenty days as provided for by the Code of Procedure, unless, at the time of commencing the action, the time to answer be shortened by order to not less than two days, in which case the time to serve such pleadings shall be two days instead of twenty days as pro- vided for by the Code, and in cases of arrest, or where the summons is Time to served by publication, the defendant shall have ten days after such JJJJ oV"* arrest is actually made, or such publication is completed ^n case of arrest, publication) in which to answer the complaint, anything in the sum- mons to the contrary notwithstanding. ^ 2. Actions in said court may be noticed for trial for any day in the xoticeof term, and all notices of hearing in said court (other than on ordinary *^*^ motions) whether at trial or general term, or before referee, shall be served five days before the time of such hearing. ^ 3. In all cases in which the said court is now authorized by law to in easeein issue an attachment, and in which such attachment has or may be issued, tli^ifmJSlt and the x)erson on whom the summons is to be served is not a resident, may lesae, or cannot, after due diligence be found within the jurisdiction of said ^^Se hj court, or is a corporation created or doing business out of, but has g°°"®*- propertv within such jurisdiction, and such fact shall appear by afiidavit, **"' the said court or any justice thereof may grant an order that the service be made by publication of the summons, as provided in subdivision five of section one hundred and thirty-five of the Code of Procedure, and jurisdiction in all such cases shall be acquired on the allowance of the attachment. ^ 4. Any other court of record may in ^ts discretion, by an order to be other entered on its minutes after the joimng of issue, send any action JJ^JJJJ**^ pending therein or that may hereafter be brought therein to the said m«v send marine court for trial, and a certified copy of such order shall be ^ndSig delivered to and filed with the clerk of the said marine court, and be ^^^ ^ entered by him on its minutes, and thereupon the said marine court ^art!^ shall have immediate and exclusive jurisdiction of such action as flill and comprehensive in that x>articular as that of the court from whence the same proceeds. 733 LAWS OF NEW YORK. [Chap. 545. jarifldic- § 5. In addition to the juiisdiction now xx^flsessed bv said court, it tion. gi^g^ii have the same jurisdiction of all actions for breach of promise to marry now possessed by other courts of record. Sale of ^ 6. In cases where perishable property shall be levied upon under proper^!^ attachment or execution, the court may on the application of the officer making the levy, authorize the sale of such property at su(^ time and on such notice as the nature of the case may seem to require. - Proceed- ^ 7. In all cases where judgment shall be recovered in said court all pro- jSemenl" ceedings supplementary to execution on said judgments under the pro- ary to visious of the Code if had in the city or county of New York, shall be exeon on. j^ ^^^ completed in the said marine court of the city of New York, in the same manner and with like effect in every particular as now allowed by law in other courts of record, and all provisions of law relating to such proceedings shall apply to said marine court as fully as they now apply to any other court of record. Jnstices § 8. Each of the justices of said court may, in the city of New York, mfniste'r ^7 virtue of his office, adminifiter oaths, take depositions and acknowl- oaths, Ac. edgments of all instruments in writing, and certify the same in like manner and with like effect, as anv justice of any other court of record. Appeal ^ 9. The apx)eal from the general term of the marine court prescribed ^^torm. ^^ section three hundred and fifty-two of the Codie, shall be from an actual determination at such general term only, and shall be taken within twenty days after written notice of the judgment by such gen- From or- eral term, and an appeal may be taken in like manner from an order hfff new^^ granting a new trial, provided the notice of apx)eal contain an assent on tnai. the part of the appellant, that if the order be affirmed, judgment abso- lute shall be rendered against the appellant, and on the determination of such appeal effect shaU be given by the appellate court to such stipo- lation, if necessary. Extra ai- ^ 10. The general term of said marine court may, on the affirmation lowance. ^p reversal of a judgment, in its discretion grant an allowance not exceeding thirty dollars to the successful X)arty on such appeal. Award of ^ 11. On appeals from the general term of the said marine court, the conditi^s appellate court, on the reversal of a judgment, may, in its discretion, of. award a new trial in the court below, unconditionally, with costs, or to abide the event. Tran- ^ 12. Wheoever judgment shall be recovered in said marine court for Jn^ent, twenty-five dollars or over, whether for damage or costs, a transcript docXetinif thereof may be docketed with the derk of the city and county of New York, and the said judgment shall thereupon have the same effect as a lien, and be enforced in the same manner as any other judgment of said court stenog- § 13. The said marine court is hereby authorized to appoint a stenog- rapher. rapijQr iq attend the trial term part four during the session thereof. Such stenographer shall hold office during the pleasure of the court and HiBBaiary. receive a salarj^ equal to that paid to the other stenographers employed in the courts. Such salary shall be paid monthly by the comptroller of the city of New York. § 14. This act shall take effect immediately. Chap. 546.] NINETY-SEVENTH SESSION. T'Sg Chap. 546. AN ACT to provide for the safe-keeping of the money raised for the payment of town expenses in the city of Utica. Passed May 22, 1814 ; three-fifths being present. The People of the State of New York, repreeerUed in iSeruxte and AssenMpy do enact aafcUowa : Section 1. The money raised by the board of town auditors for the Depmit Sayment of town expenses in the city of Utica, shall hereafter be J^asnrw. epodted with, and held by, the treasurer of said city, to be disbursed by him upon the warrants or orders herein mentionea. §2. The said moneys shall be kept by said treasurer as a ''town To be kept fund," and shall not be applied to any other than the payment of the JJ,JS7'* town expenses of said city in the manner herein provided. § 3. The board of town auditors of said city shall, at its annual special meeting in November next after the passage of this act, raise the sum Jj^j ^^^ of two thousand five hundred dollars, to be dex)Osited with said treas- raised, urer as a special town fund ; and said treasurer shall, upon the requi. Treaanrer fdtion of the board of charities of said dty, advance therefrom to the J^jf^^ clerk of said board such amount as they may fix>m time to time require therefw>in to meet the cash disbursements necessary in the dischaige of their ai^Oee?^ official duties, not exceeding in the aggregate the amount of such fund annually. * 6 4. The said board of charities shall present to the board of town Acoonnt auditors, at the annual meetings thereof, an account in detail of such ^t®^"* expenditures made of the moneys so advanced, which account shall be audited by said board of auditor, and the amount of such audit shall be deposited with the treasurer of said city to the credit of said special town funds. \ 5. The said dty treasurer shall pay from the said town funds all city trea- warrants or orders which may be issued by authority of the board of JSJf^^J. supervisors of the county of Oneida or of the board of town auditors fMtg. Ac. of said dty for the payment of the town expenses thereof and shall, on Accoant the last Tuesday of February annually, present to the said board of JJiS^pa^.** town auditors an account of the receipt and payments made in pursu- mente. ance of this act which account shall be audited and certified by said board of auditors. ^ 6. The said dty treasurer shall, within ten days from the first citytrea- Tuesday in March, annually, execute a bond to the town of Utica in Jo^J*" such penalty and with such sureties as said board of auditors may direct and approve, conditioned that he shall faithfiilly i)erform the duties connected with receiving, accounting for, and paying over all money to be received by him in pursuance of this act. \ 1. The said board of auditors shall furnish the said treasurer with Books, the necessary books for the duties herein imposed upon him. * \ 8. The said treasurer shall not be entitled to receive, nor shall he compen- be paid by said board of town auditors, any compensation for the ser- SSmSpm". vices discharged by him as herein required, but the annual salary paid such officer by the common council of said city shall be in full compen- sation for all the official duties required of him as such treasurer. \ 9. All acts and parts of acts inconsistent with or in conflict with this act, so far as the same do conflict, are hereby repealed. Repeal. ^ 10. This act shall take effect immediately. 734 LAWS OF NEW YORK. [Chap. 547. Cbap. 54:7. AN ACT to amend an act entitled " An act to amend and reduce to one act the several acts relating to buildings in the city of New York, passed May fourth, eighteen hundred and sixty-six, May seventeenth, eighteen hun- dred and sixty-seven, and May sixth, eighteen hundred and sixty-eight," passed April twentieth, eighteen hun- and seventy-one. Passed May 22, 1814 ; three-ftftbs being present. The People of the State of New York, represented in Senate and Assembly, do ena/dt as follows : Sbction 1. Section five of chapter six hundred and twenty-five of the laws of eighteen hundred and Beventy-x)ne, entitled '^ An act to amend and reduce to one act the several acts relating to buildings in the city of New York, passed May fourth, eighteen hundred and sixty-six, May seventeenth, eighteen hundred and sixty-seven, and May sixth, eighteen hundred and sixty-eight," passed April twentieth, eighteen hundred and seventy-one, is hereby amended so as to read as follows : Dwelling \ 6. In all dwelling-houses that may hereafter be erected not more ^iok?e8B than fifty-five feet in height, the walls shall not be less than twelve oj^au* inches thick, and if above fiftjr-five feet in height, and not more than eS!^ ' eighty feet in height, the outside walls shall not be less than sixteen inches thick to the top of second story floor beams ; provided the same is twentv feet above the curb level, and if not, then to underside of the third story beams, and also provided that portion of the wall that is twelve inches thick shall not exceed forty feet above the said sixteen inch wall ; and in every dwelling-house hereafter erected more than eighty feet in height, four inches shall be added to the thickness of the wall for every fifteen feet or part thereof that is added to the Party height of the building. All party walls in dwellings over fifty-five ^ ^^' feet in height shall not be less than sixteen inches in thickness. & 2. Section six of said chapter is hereby amended so as to read as follows : Bearing ^ 6. lu all buildings other than dwellings hereafter erected, the boUdii^ bearing walls shall not be less than twelve inches thick to the height SwSiinM* of forty feet above the curb level ; if above forty feet in height and thioknesa/ uot more than fifty-five feet in height, the bearing walls shall not be Ac, of. j^gg ^jj^jj sixteen inches thick; if above fifty-five feet and not more than seventy feet in height, the bearing ^alls shall not be less than twenty inches thick, to the height of twenty feet above the curb level or to the next tier of floor teams above, and not less than sixteen inches from thence to the height of fifty-five feet above the curb level or the next tier of floor beams, and not less than twelve inches thidc from thence to the top ; and if above seventy feet and not more than eighty-five feet in height, the bearing walls shall not be less than twenty-four inches thick to the height of twelve feet above the curb level or the second story floor beams, and from thence to the height of sixty feet above the curb level, the said walls shall not be less than twenty inches thick, and from thence to the top not less than sixteen iocb^ thick ; a^d if above the height of eighty-five feet, the bearing Chap, 547.] NINETY-SEVENTH SESSION. 735 walls shall be increased four inches in thickness for every fifteen feet, or -part thereof, that shall be added to the height of said wall above the eighty-five feet. In all buildings over twenty-five feet in width, and not having either brick partition walls or girders supported by columns running from front to rear, the walls ^11 be increased an additional four inches in thickness, to the same relative thickness in height as required under this section for evenr additional ten feet in width of said building, or any portion thereof It is understood that the amount of materials specified may be used either in piers or but- tresses, provided the outside walls between the same shall in no case be less l^n twelve inches in thickness to the' height of forty feet, and if over that height, then sixteen inches thick ; but in no case shall a party wall between the piers or buttresses of a building be less than sixteen inches in thickness. In all buildings hereafter erected, situated Bniidinfts on the street corner, the bearing wall thereof, (that is, the wall on the cS^JjJf* fiftreet upon which the beams rest) shall be four inches thicker in all cases than is otherwise provided for in this act. All walls other than bearing walls may be four inches less in thickness than required in the clauses and provisions of this section above set forth, provided no wall is less than twelve inches in thickness. 3. Section seven of said act is hereby amended to read as follows : 1. Every building hereafter erected, more than thirty feet in width. Partition except churches, theaters, school-houses, car stables and other public ^^'^^ boiloings shall have one or more stone or brick partition walls run- ning from front to rear, or iron or wooden girders supported on iron or wooden columns; these walls shall be so located that the space between any two of the bearing walls shall not be over twenty-five feet. In case iron or wooden girders supported on iron or wooden oolumns are substituted in place of the partition walls, the building may be seventy-five feet in width but not more ; and if there should be substituted iron or wooden girders supported on iron or wooden columns, in place of x>artition walls, they shall be made of sufficient streii^gth to bear safely the weight of two hundred and fifty pounds for every square foot of the floor or floors that rest upon them, exclusive of the weight of material employed in their construction, and shall have a footing course and foundation wall not less than sixteen inches in thickness with inverted arches under and between the columns, or two footing courses of large, well shax)ed stone, laid crosswise edge to edge, and at least ten inches thick in each course, the lower footing course to be not less than two feet greater in area than the size of the column; and under every colunm, as above set forth, a cap of cut granite at least twelve inches thick and of a diameter twelve inches greater each way than that of the column, and must be laid solid and level to receive the column. Any building that may hereafter be isolated erected in an isolated position, and more flian one hundred feet in ^^**«»»»- depth, and which shall not be provided with cross walls, shall be securely braced, both inside and out, during the whole time of its erection, if it can be done ; but in case the same cannot be so braced from the outside, then it shall be properly braced from the inside, and the braces shall be continued from the foundation upward to at least one-third the height of the building from the curb level. § 4. Section thmeen of said chapter is hereby amended to read as follows : § 13. All walls of any buildings over fifteen feet high shall be built Coving up and extend at least twenty-four inches above the roof and shall be ^^"; coped vdth stone or iron. If a mansard roof shall be placed upon any 736 LAWS OF NEW YOR^. [Chap. 547. PIre proof doors, blinds, Ac. Hoiat- ways, how pro- tected, Ac. ChlmneyB, fines, Ac, how con Btmctcd. Steam pipes buildingy except a wooden building over three stories in height exdn- Bive of the said roof, the same shall be constmcted lire-proof. ^ 5.. Section sixteen of said chapter is hereby amended to read as follows : § 16. All the stores or storehouses, or other buildings which are more than two stories or above twenty-five feet in height above the curb level, already erected, or that may hereafter be built in said city, except dwelling-liouses or churches, shall have doors, blinds or shutters made of fire-proof metal, on every window and opening above the first story. When in any such building the fithutters, blin& or doors caiw not be put on the outside of such door or window, they shall be put on the inside, and if placed on the inade shall be hung upon an iron £rame independent of the woodwork of tike window frame or door ; and every such door, blind, or shutter shall be closed upon the com- pletion of the business qf each day by the occupant having the use or control of the same ; and all fire-proof shutters or blinds that now are or may hereafter be put upon the front or sides of any building on the street fronts, must be so constructed that they can be closed and^opened from the outeide above the first story. In any store or building in the city of New York in which there shall exist or be plaoed any hoist- way, elevator or well-hole, the openings thereof tmrough and upon each floor of said building eJiall be provided with and protected by a substantial railing and such good and sufficient trap-doors with which to close the same as may be directed and approv^ by the superin- tendent of buildings ; and such trap-door shedl be kept closed at all times except when in actual use by the occupant or occupants of the building having the use and control of the same ; and all openings in any such buildings above the first story which may open upon a street, and all openings in buildings used or occupied for sdiool-hooaes or offices exclusively, may be exempted from the provisions and requirements of this section in tikd manner as hereinafter provided. & 6. Section seventeen of the said act is hereby amended to read as follows : ^ 11. All chinmeys and all flues in stone or brick walls in any building hereafter erected, alter^ or repaired, without reference to the purpose for which they may be used, shall have the joints struck smooth on the inside, and no parging mortar shall be used on the inside ; and the fire backs of all c^mneys hereafter erected shall not be less than eight inches in thickness. And no tin or other metal flue or flues, pipe or pipes, or register box or boxes, of a single thickness of metaJ, used or intended to l^ used to convey heated air in any building hereafter built, altered or rex>aired in any part of said city, shall be allowed unless the same shall be built in a wall of brick or stone ; in all other cases the said flue or flues, pipe or pipes, register box or boKes, shall be made double, that is, two pipes, one inside the other, at least one-half inch apart and the space between the pipes cdball be filled with plaster of paris ; and no wooden furring or latn shall be placed agaiost an^ flue, metal pipe or pipes used to convey heated air or steam in any buildine ; and when any vrall shall hereafter be furred or lathed with wood, the spaoe between the lathing and wall shall be filled with plas- ter between the top and under side of the floor beams of each story so as to prevent fire from extending from one floor to another. And no air flue shall be used at any time as a smoke flue. No steam pipe shall be placed within two inches of any timber or wood work as aforesaid; when the said spaoe of two inches around the steam pipe is objectionable, it shall be protected by a soap stone or an earthen ring or tuba No base, Chap. 547.] NINETY-SEVENTH SESSION. 737 or flooring or Tooftng, or any other woodwork shall be placed against any brick or other flue until the same shall be well plastered with plas- ter of pans behind such woodwork. All flues in ainr building shall be properiy cleaned and all rubbish remoyed, and the flues left smooth on the inside upon the completion of all such buildings as aforesaid. No chimney shfldl be started or built uxx)n any floor or beam, and in no case diall the breast of a chimney project more than eight inches from the mlL All chimneys whidi are corbled out from the walls as above docribed, shall be Bupx)ort6d by five courses of brick ; but if supported bj piers, the said piers shall start from the foundation on the same line irith the chimney breast, and shall not be less than sixteen inches on * the £ice. All hearths shall be 8upxx)rted by arches of stone or brick, and no chimney in buildings aln^dy erected or hereafter to be built, shall be cut off below in whole or in part and supported by wood, but shall be wholly supported by stone, brick or iron, and all chimneys in any building or buildings as aforesaid, already erected or hereafter to he erected or built, or any other chimney or chimneys in any part of the said city which shall be dangerous in any manner whatsoever, shall be Impaired and made safe or taken down. And the flues of all furnaces and boilers shall be constructed in sudi manner as the superintendent of boildingd shall direct. \ 1 iSection twenty-eight of the said act is hereby amended to read 9A follows ; \ 28. Any dwelling-house now erected, or that may hereafter be Fire es- erected more than two stories in height, occupied by, or built to be ^^^^ oocataed by two or more families, on any Qpor above the first, and all ao. hoildings now erected, or that may be hereafter erected, more than foor stories in height, oocujned by, or built to be occupied by three or more fiunilies, above the first story, and any building already erected, or that may hereafter be erected more than three stories in heighi, occupied or used, or built to be occupied or used as a hotel, boarding or lodging-house, or on any factory, mill, offices, manufactory or work-shop, in which operatives are employed, on any of the stories above the first story, and all buildings in an isolated position already erected, or that may hereafter be erected, more than three stories in height, built to con- tain or that does contain or is occupied by three or more flEunilies above the first story shall be provided with such fire escapes, alarms and doors as ^11 be directed by the superintendent of buildings ; and the said superintendent ebail have the power in determining the method of con- sferacting the halls, stairways, ceilings, cellars, flues, furnaces, fire-places and heaters in all dwellings hereafter erected in said city. And the owner or owners of any building upon which any fire-escapes may now he, or may hereafter be erected, shall keep the same in good repair and well painted, and no person shall at anv time place any incumbrance of any kind whatsoever upon anv said fire-escapes now erected, or that niay hereafter be erected in said city. ^ 8. Section thirty-one of said act is hereby amended so as to read as follows : i 31. The department of buildings named under this act shall have Depart.' foil power in x>assing ux)on any question relative to the mode, manner SJfjidi™ of construction or materials to be used in the erection, alteration orpowonof repair of any building in the city of New York, where the same is not specially provided for herein, to make the same conform to the true intent, meaning and spirit of the several provisions hereof; and shall ak> have discretionary x)ower, upon application therefor, to modify or vary any of the several provisions of this act to meet the requirements 788 LAWS OF NEW YORK. [CShap, 547. Certiil cate. Board of exainln- en. Moetingt of board. Compen- sation. Proviso. Offlooni of bnildlng depart- ment, their qaal- iflcations, Ao, Snperin- tendent of buildings. of special cases where the same do not conflict with the public safety and the public good, so that substantial justice may be done ; but no such deviation shall be x)ennitted except a record of the same shall be kept by said department and a oertifi.cate be first issued to the "psaty appl^ng for the same ; such certificate shall be issued only upon an application setting forth the facts, sworn to by the applicant, and after said application shall have been passed upon &vorably by a board of examiners consisting of the superintendent of buildings, a member of the examining committee of New York Chapter of the Ajnerican Insti- tute of Architects, one of the ex-presidents of the New York Board of Underwriters, and two members of the Mechanics and Traders Exchange of said city, one of the latter of whom shall be a master car* penter and one a master mason, all of whom, except the said superin- tendent, shall be selected by their ree^iective orgamzations, and so cer- tified by the proper oificers to the said superintendent ; no application shall be considered as passed by said board unless the same receive three affirmative votes ; no member of said board shall pass upon any question in which he is pecuniarily interested. The said bourd edhall meet upon notice from tne said superintendent who shall be chairman of the board, and the chief clerk of said department shall act as clerk of said board, and shall keep a record of its proceedings, which shall be filed in the office of said department. The members of said board, excepting said superintendent, shall each be entitled to and shall receive ten dollars for each attendance at a meeting of said board, to be paid by the comptroller of the city of New York from the contingent fund of said department upon the voucher of said superintendent, but in no case shall they be entitled to receive compensation for more than two meetings in any one month. And provided further that no pennit for the ere<^on of any structure on anv wharf, pier or bulk-head shall be issued bv the superintendent of buildings, except by and with the approval of the said board of examiners. ( 9. Section forty-two of said act is hereby amended so as to read as follows : ^ 42. All the officers of said department, except the attorney, clerks and messengers, shall be either practical architects, house caipenters or masons, and shall have served a regular apprenticeship as sudi, and shall make an affidavit to that effect, which shall be filed in the office of Bidd department, and shall before their appointment to office in said department x>ass an examination before the board of examiners named in this act, and shall furnish a certificate of such examination ftom said board certifying to their competency to x)erform the duties of the said office. The superintendent and deputy sux)erintendent of buildings before their appointment to office shall pass an examination before a committee on examination, appointed by the New York Chapter of the American Institute of Architects of the said city, and shall furnish a certificate of such examination, signed bv said committee certifying to their knowledge and competency to perform the duties of such office. Nothing in this section shall be construed to require any of the present officers of said department to x>cu9b the examination required in this section. ^ 10. The same person nominated by the mayor of the city of New York, on the fifteenth day of May, eighteen hundred and seventy -three, and confirmed by the board of aldermen of said city, on the sixteenth da^ of May, eighteen hundred and seventy-three, as commissioner of buildings, shall be superintendent of buildings named in this act and in the act to which it is an amendment, which said sujierintendent shall Chap. 549.] NINETY-SEVENTH SESSION. 739 hold office for the full tenn for which eaid oomnuBeioneT was appointed, and ahall receive a salary of six thousand five hundred dollars 'per annum. h 11. The department of building in the dW of New York as here- PreBent toiore created under chapter three hundred and thirty-five of the laws ^^J^Yo'r of eighteen hundrQid and seventy-three, shall continue and remain inbnUdings force, and shall have charge of enforcing the several provisions of this ^ue, act, and the act to which it is an amendment. Each and all the pow- ers and duties of said department and all its officers and employees and sabordinates, and their qualifications shall continue as enacted by and exercised under chapter six hundred and twenty-five of the laws of eighteen hundred and seventy^ne, excepting as modified or repealed by this act. ^ 12. There shall be three bureaux in said department of buildings : snreanx. 1. A btrreau of inspection of buildings. 2. A bureau of violations and applications. 3. A bureau of fire escapes and iron work. The said superintendents shall regulate the powers and duties of said bureaux, and apx)oint the chief officers thereof, aa well as all subordinate officers and employees in said department. ^ 13. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. § 14 This act diall take effect immediately. Chap. 54:8. AN ACT to amend an act entitled "An act to incorporate the New York and Canada Bridge and Tunnel Com- pany," passed May fourth, eighteen hundred and sev- enty-two. Passed May 22, 1814. The People of the 8tate of Neto York^ represented in Senate and Assembly J do enact asfoUotos : SBcnoN 1. Section fifteen of the act entitled "An act to incorporate the New York and Canada Bridge and Tunnel Company," passed May fourth, eighteen hundred and seventy-two, is here% amended to read as follows : ^15. If said bridge or tunnel be not commenced within four years Time ibr and complete within seven years, said corporation sjiall thenceforth SJgand***' cease ; but nothing contained in said act shall be construed to authorize {^°{P\^<^' the construction of a bridge below Niagara Falls. ^* *** Chap. 549. AN ACT to provide for the planting and protection of oysters in those portions of the Great South bay, lying in the town of Islip, Suffolk county, wherein the taking of clams cannot be profitably followed as a business. Passed May 22, 1814 ; three>fifths being present. 77ie People of the State of New Tork, represented in Senate and Assembly y do enact asfoUotcs : Section 1. It shall be lawful for any inhabitant of the town of Islip, ^°^"^. in Suffolk county, of full age and having resided in said town for one oOsiip" 740 LAWS OF NEW YORK. [OiAP. 549. may lo* cato lot. Owner- ship of oystera tnereoa. Oyster commia- sionerd to be ap- pointed. Term of offlco. Offlcial oatli. Bond. Reftasal to serve. Vacancy, how fiUou. Commis- sioners to locate lot. Surveys and maps. Decisions ofcoinmis- 8101161*8 OS to loca- tion, SbQ., flnul. Expenses oflucution and year- ly rent. year next preceding, by and with the consent of the oyster oonmdsi. Bioudrs hereinafter named, and upon complying with the provisons o| tMs act hereinafter contained, to locate a lot oot to exceed foor aeres in extent under the public waters of the Qreat South bay in said town^ and he shall be entitled to and shall have the excbisiye ownership and property in all oysters upon said lot, and the exclusive right to use the said lot fbr the purposes aforesaid. ^ 2. For the. purpose of ascertaining and determining what portion or portions of saia bay may be taken for the purpose of planting oysters as aforesaid, a board of commissioners, consisting of one Arom ^udi of the three election districts of said town as now constitated, whose official title shall be ** Oyster Commissioners," shall be appointed by the board of town auditors of said town, or a majority of tbem. The first appointment to be made within twenty days after the passage of this act, and when so appointed they shall hold office until the next annual town meeting, and their successors in office shall annually be appointed in the same manner on the Tuesday immediately preceding eyery annual town meeting. Such appointment shall be certified in writing by said auditors, or a majority of them, and filed with the town clerk of said town ; and it shall be the duty of said town clerk forth- with to notify every person so appointed of such appointment. ^ 3. Every person appointed to the office of oyster commissioner, before he enters upon the duties of his office, and within ten days after he shall be notified of his appointment, shall take and subscribe the oath of office prescribed by the Constitution, and shall execute, in the presence of the supervisor or town clerk of said town, a bond in the penalty of not less than two hundred dollars, with one or more snf- ficient sureties, to be approved of by such supervisor or town derk, conditioned for the faithful performance of his duties as such comnus- sioner, which bond shall be filed in the office of such town clerk. ^ 4. If any person appointed as such commissioner shall not take and subscribe such oath and file such bond as herein provided, such neglect shall be deemed a refusal to serve. & 5. If any person appointed to the ofiioe of 03mter commisdoner shall reiuse to serve, or shall die, or resign, or remove out of thd town, or become incapable of serving before the Tuesday next preceding the next annual town meeting after he shall have been apxx>inted, the said board of town auditors snail, within ten days after the happening of such vacancy, supply the same as hereinbefore provided. ^ 6. It shall be the duty of said commissioners, or a majority of them, on application of any such inhabitant, as aforesaid, to attend and locate a lot for him, which shall be clearly marked and defined by means of stakes or otherwise, as a notice to the public that it has been selected for the purposes aforesaid. And it shall be the duty of said commis- sioners to procure or cause to be made, all surveys and maps which they may deem necessary for defining the jwrtions of said bay, which may be allotted for the purposes aforesaid, describing thereon the lots which may be located under this act, and to file copies of all such sur- veys and maps in the office of the town clerk. On all questions which may arise under thiis act as to the location of lots, or the boundaries thereof, or the portions of said bay which may be allotted for the pur- poses aforesaid, the decision of the said commissioners, or a majority of them, shall be final and conclusive. On payment by any such appli- cant of the expense of locating his lot, which shall be determined by the said commissioners, but shall in no case exceed the sum of ten dollars, and the additional sum of one dollar per acre as yearly rent, Chap. 549.] NINETY-SEVENTH SES3I0N, 741 ihey, or a majority of them, shall give to saeh applicant a oertiflcaite certiflcate showing that he has, by their consent, located a certain lot, and particu- tiV^*^' larly describing said lot, and stating the amount of the charges and rental paid therefor, which certificate shall entitle the jierson named therein to the possession of said lot for the purposes of this act, so long as he shall keep the said«]ot clearly defined. Bat if such person shall neglect when to plant his lot with at least one hundred bushels of oysters and shells p^^^ during the period of one year from the date of his certificate, or shall ^^^^ negled; to pay said yearly rent on or before the first day of April in nated. each and every year, his right to the possession of the said lot may be terminated at the option of a majority of said conimissioners, and in case such right of any person shall be terminated by the decision of Certiflcate said commissioners as aforesaid, a written certificate of such fact shall f^Jf|^ be filed with the said town derk. A duplicate of every certificate consenting to the location of any lot as aforesaid shall also be filed by said commissioner with the said town clerk, who shall enter the name of the x)er8on entitled thereto, and the sum or sums specified therein, in a book to be procured and kept by him for that purpose. & 7. Each of said commissioners shall be allowed the sum of five Compen- dollars per day for his services actually rendered under this act, the ^mmis.^ same to be paid only out of the fund received for locating lots pursuant Bionen. to section six of this act, and shall not receive therefor any additional fees or compensation from any person or persons whomsoever, and each of said commissioners shall, at the usual annual auditors' meeting CommiB* of said town, account for and pay over all moneys in his hands to the SSSmnt? said board of auditors ; and the said auditors sliall audit the accounts of the said commissioners at the same time and in the same manner as those of other town ofiicers ; and shall i)ay all proi)er charges for ser- vices rendered under and by virtue of the provisions of this act out of the moneys so received, and shall pay the balance, if any, to the super- Baianceto visor of said town, to be credited on its contingent fund. But no fees snperv?*-^ or salary allowed any commissioner named under this act shall be a oi^- charge upon or be paid by the said town of Islip. ^ 8. It shall not be lawful for any person to retain possession of any interest in such lot after he shall cease to be a resident of said town of Islip ; but g?^Jbie. he may sell and assign his interest in any such lot to any inhabitant of said town who has been a resident thereof for one year ; but no person shall acquire possession of more than one lot by purchase or otherwise. ^ 9. Any i)erson, other than the one who planted the oysters, or his Penalty legal reinresentatives, who shall take any oysters from a lot thus marked oystera * out and occupied, as above provided, or who shall oyster on any such {^ JJ®** lot or in any way disturb the same, shall be liable for a penalty of fifty ° * dollars for each offense, to be recovered by the owner of the oysters or his legal representatives, in any action brought before any. justice of the peace of said town, and shall also be guilty of a misdemeanor, and upon Misde- conviction, shall be punished by a fine of not over one hundred dollars, ^^^'^o'^- or imprisonment in the county jail for not more than sixty days, or by PnniBh- both such fine and imprisonment "®*^'* ^ 10. Any person prosecuted for a penalty under this act may be An-estand arrested and held to bail in the same manner as upon warrants issued ^^' by justices of the x)6ace ; and whenever a hearing shall be had for any violation of the provisions of this act, execution i^all be issued thereon Execa- immediately in the same manner and with like effect as is provided in ^^'^' section one hundred and forty-three, article nine, title four, chapter two, third part of the Revised Statutes, and all the provisions of said sediOn shall apply to Executions issued pursuant io the provisions of this' act. 74:2 LAWS OF NEW YORK. [Chap. 550. Prefbr- ^ 11. In designating oyster lots ui^der this act the said commissioneTS desima- ^^^^ S^'^^y *^^ *^® present oocuiwintia of oyster beds planted under said ing lots, act of March thirty-first, eighteen hundred and sixty-six, shall have the preference to their beds as planted by them upon said owners in other resx)ect8 complying with the proidsions of this act. Bepeai. ^ 12. All acts and -partB of acts inconsistent with the x^rovifflona of this act are hereby repealed. ^ 13. This act shall take effect immediately. Chap. 550. AN ACT to amend an act entitled " An act to create a separate road district in the town of Middletown, county of Richmond," passed April twenty-fifth, eighteen hun- dred and sixty-six. Passed May 22, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as foUotos : Section 1. Section five of chapter eight hundred and eighteen of the laws of eighteen hundred and sixty-six, and entitled ^* Kn act to create a separate road district in the town of Middletown, county of Eidi- mond," is hereby amended as follows : CommiB. ^ 5. And the said commissioner of highways shall have power, and widen ^ ^® ^® hereby authorized to widen, alter, enlarge and lay out any and all roads, ftc. roads now in use in said road district, to the width, of three rods, sapervis. ^ 2. The Supervisor of the town of Middletown is hereby authorized bonrow ^ borrow, on the credit of the said town, any sums of money, not money, exceeding three thousand dollars, to be applied solely for the widening, working or any other improvements to be made upon the roads in the separate road district in said town, as defined in cliapter eight hundred and eighteen of the laws of eifi;hteen hundred and sixty-six. Bonds ^ 3. The supervisor of said town shall borrow such sum or sums of therefor, money to the amount and for the purposes mentioned in section two of this act, and give and e^cecute bonds for the sum of one hundred dollars Interest, each therefor, on behalf of said town, payable with interest semi- annually at the rate of seven per cent, per annum ; and the said bonds shall be payable one-filfth thereof in each year for the ensuing five Taxes, years after the issue thereof, and shall be paid by taxes levied on the real and personal estate in said town, by the board of supervisors of the county of Richmond. § 4. This act shall take effect immediately. Chap. 552.] NINETY-SEVENTH SESSION. 743 Chap. 551. , AN ACT to extend the provisions of chapter four hun- dred and eighty-nine of the laws of eighteen hundred and seventy-three, amending certain acts for the better security of mechanics and others erecting buildings in certain counties of this State, to the county of Erie, except the city of Buffalo. Passed May 22, 1814.* The People cf the State of New York, represented in Senate and Assembly y do ena^ asfoUows : Sbction 1. The provisions of chapter four hundred and eighty-nine Lien laws of the laws of eighteen hundred and seventy-three, amending certain ^e^^®^ acts for the better security of mechanics and others erecting buildings connty. in certain counties in this State, are hereby extended and declared to be applicable to the county of Erie, except the city of Buffalo. ^ 2. This act shall take effect immediately. Chap. 553. AN ACT to rectify and correct certain boundaries of the first, second, third and fourth wards of Long Island City, so as to adjust and conform such boundaries to streets and avenues laid down on the commissioners' map of said city. Passed May 22, 1814 ; three-fifths being present The People of the State of Neto Torky represented in Senate and Assembly y do enact as foUows : Section 1. The iirst ward of Long Island City shall be bounded as Fintward follows, namely ; Beginning at the intersection of the center line of rf^"*^ Newtown creek, with the westerly boundary line of said city in the East river, running thence northerly along the westerly boundary line of said city to the center line of Nott avenue ; thence easterly along the center line of Nott avenue to the center line of the canal ; thence southerly along the center line of the canal to the center line of Dutch Kills creek ; thence southerly along the center line of Dutch Kills creek to the southerly line of said city through the center of Newtown creek ; and thence westerly along the southerly boundary line of said dtv, and Uirough tiie center of Newtown creek, to the point or place of begin- ning. Tlie second ward of said city shall be bounded as follows, namely : second Beginning at the intersection of the center line of Newtown creek with ^w^- the center line of Dutch Kills creek, running thence northerly along the center line of Dutch Kills creek to the center line of the canal ; thence northerlv along the center line of the canal to the center line of Nott avenue ; tnence westerly along the center line of Nott avenue to the center line of Jackson avenue ; thence northeasterly along the center •Oertifled by the presiding officer of the Assembly, as having passed the Assembly, " three- Ilfths being present." 744 LAWS OF NEW YORK. [Chap. 552. Third ward. Fourth ward. Repeal. line of Jackson avenue to the easterly boundary line of said city ; thence southerly along the easterly boundary line of said dty to the southerly boundary line of said city at the center of Newtown creek ; and thence westerly along the southerly boundary line of said dty, and through the center of Newtown creek, to the point or place of beginning. The third ward of saia dty shall be bounded as follows, namely : Beginning at the intersection of the center line of Nott avenue with the westerly boundary line of said dty in the East river, running thence northerly along the westerly boundary line of said dty to its intersection with the center line of Broadway ; thence easterly along the center line of Broadway to the center line of Sherman street ; thence southerly along the center line of Sherman street to the center line of Pierce avenue ; thence easterly along the center line»^of Pierce avenue to the center line of Lockwood street ; thence southerly along the center line of Lockwood street to the center line of Webster ave- nue ; thence easterly along the center line of Webster avenue to the center line of Jackson avenue ; thence southwesterly along the center line of Jackson avenue to the center line of Nott avenue ; and thence westerly along the center line of Nott avenue to the point or place of beginning. The foi^rth ward of said dty shall be bounded as follows, namely : beginning at the intersection of the center line of Broadway, with the westerly boundary line of said (Aty in the East river, running thence northerly along the westerly boundary line of said dty to its intersec- tion with the center line of Franklin street ; thence easterly along the center line of Franklin * to the center line of Flushing avenue ; thence easterly along the center line of Flushing avenue to the easterly bound- ary line of said dty ; thence southerly along the easterly boundary line of said dty to the center line of Jackson avenue ; thence southwesterly along the center line of Jackson avenue to the center line of Webster avenue ; thence westerly along the center line of Webster avenue to the center line of Lockwooa street ; thence northerly along the center line of Lockwood street to the center line of Pierce avenue ; thence westerly along the center line of Pierce avenue to the center line of Sherman street ; thence northerly along the center line of Sherman street to the center line of Broadway ; and thence westerly along the center line of Brcmdwav to the point or place of beginning, as the said Dutch Kills creek ana said canal, and the several streets and avenues aforesaid, are laid down and designated on the conunissioners' map of Long Island dty. ^ 2. All acts and part« of acts inconsistent with the providons of this act, are hereby repealed. ^ 3. This act shall take effect immediately. * So in Uio original. Chap. 554.] NINETY-SEVENTH SESSION. 74=5 Chap. 553. AN ACT to amend an act entitled " An act to authorize the construction of a railway and tracks in the towns of West Farms and Morrisania," passed May second, eigh- teen hundred and sixty-three. Passed May 22, 1814.* The People of tJie State of New York, represented in Senate and Assembly , do enact asfdHows : Sectign 1. Section eight of an act entitled " An act to authorize the construction of a railway and tracks in the towns of West Farms and Morrisania," passed May second, eighteen hundred and sixty-three, is hereby amended to read as follows : § 8. It shall be lawful, and the corporation formed under this act is Route of hereby authorized, to lay single or double tracks, and use and operate 'f*"^®*^. the same, through and along §t. Ann's avenue to its southern terminus, and through and along Van Stoll street, otherwise known as One Hun- dred and Thirty-eighth street, from Third avenue to the Harlem river ; and also through and along College avenue, from Kingsbridge road to its intersection with the road known as Fordham and Pelham avenue, and through and along said last-named avenue to Pelham bridge in the town of Westchester ; and also from the present terminus of tne tra^s of the said corporation at or near Locust avenue, in the late town of West Farms, through and along the main road, leading in an easterly direction to the point where the said main jcosA intersects the West- chester turnpike, in the said town of Westchester. But no greater fare Far*, than five cents per mile for any distance, in addition to the mre author- ized by section five of the act hereby amended, shall be charged on either of the tracks of said corporation authorized by this act. ^ 2. This act shall take effect immediately. Chap. 554. AN ACT to amend section one of " An act to amend an act entitled * An act to establish a department of police in the city of Buflfalo and to provide for the government thereof,' passed April twenty-six, eighteen hundred and seventy-one,'^ passed March fifteenth, eighteen hundred and seventy- three. Passed May 22, 1874 ; three-fifths being present. The People of the State of Neto York, represented in Senate and Assembly J do enact as follows : Sbction 1. Section one of '' An act to amend an act entitled ' An act to establish a department of x)olice in the city of Buffalo and to provide for the government thereof,' passed April twenty-six, eighteen hun- * Certified by the proaiding officer of the Assembiy as haying pasded the Aaaembly, " three- lUtbs being present." 48 746 LAWS OP NEW YORK. [Chap. 554, Justices to rhe police tO be ap- 'jointeci annaally. Their du- ties and powers. Bond. Salaries. Board to desij^ate station houses, A)c. Removal firom office. dred and seventy-one," passed March fifteenth, eighteen hundred and seventy-three, is hereby amended so as to read as follows : ^ 1. Section twenty-two of an act entitled " An act to establish a department of police in the city of Buffalo, and to provide for the government thereof," passed April twenty,-six, eighteen hundred and seventy-one, is hereby amended so as to read as follows : ^ 22. The board of x)olice shall in the first week in January in each year designate and appoint from the acting justices of the peace elected in and for the city of Bufelo, or elected in and for any ward in, or any part of said city of Buffalo, not exceeding five justices to the police for the trial and disposition of the cases of persons who shall be confined in the several station-houses. The justices of the police heretofore appointed by said board and now acting, shall continue as such jus- tices to the police until othera shall be appointed by said board in their stead. One of said justices shall attend at each of the station, houses every morning, at the hour prescribed by the board of police and examine into the case of every person confined therein, and make delivery. Said justices shall have power to try cases of drunkenness, vagrancy and all other offenses against any of the laws of the IState, or the ordinances of the city of Buffalo, which may be tried summarily and without a jury, by a justice of the peace or court of special isessionp, committed by any j>erson, he shall find confined in the station-house, and to sentence every person found guilty of any such offense pursuant to the statute or orainance creating sudi offense. In all other cases such justices to the police shall have and possess the same powers and jurisdiction as are prescribed in section ten of an act entitled ** An act to revise the charter of the city of Buffalo," passed April twenty-eight, eighteen hundred and seventy, and shall proceed in all resi)ect8 in the manner prescribed in such title. Each of such justices to the police shall execute a bond with sufficient surety, to be approved by said board for the faithful performance of his duty, and for the accounting and paying over all fines and penalties received by him, in such sums as the said board shall require, which bonds shall be in the name of the board of police of the city of Buffalo, as the obligee therein, and all suits or actions brought on said bonds shall be in tne name of said board. The salaries of said justices to the x>olice shall be fixed by the said board before appointment, and shall not exceed a salary at the rate of eight hundred dollars annually for services in attending the station- house now known as number one, and not exceeding a salary at the rate of four hundred dollars annually for services in attending at each of the other station-houses and sub-station.houses, which salaries shall be paid monthly, and shall not be increased or diminished during the year for which they were fixed by the said board. During the term of office of such justices to the x)olice, the said board shall, from time to time designate at which station-house or houses, sub-station-house or houses the said justices, or either of them, shall attend ; and at any time during said term of office the said justices, or either of them, may be transferred from one station-house to another, at the pleasure of the said board. Said board may, at pleasure, remove either of said justices to the police from office and appoint another justice of the peace in his stoad, and may for cause suspend either of said justices to the police from jjay and duty, not exce^inff thirty days at any one time ; and in case of such suspension, or of the absence or inability of any of the justices to the police, may apx)oint another justice of the peace to perform his duties during the time of such suspension, absence or inability ; and the person so temporarily appointed shall Chap. 556.] NINETY-SEVENTH SESSION. 747 have all the jwwers and pepfonn\all the duties of justices to the police under this act. All fines and penalties imposed by any or either of said justices to the police, collected by them or otherwise, shall be paid over every week to the treasurer of the board of police. § 2. This act shall take eifect immediately. Chap. 555. AN ACT to amend an act entitled " An act to incorporate the Evangelical Lutheran St. John Orphan's Home in the city of Buffalo," passed April fourteen, eighteen hundred and sixty-five. Passed May 22, 1874. TJie People of the State of New York, represented in Senate and Assembly, do eimct a^ follows : Section 1. The first section of an act entitled " An act to incorporate the Evangelical Lutheran St. John Orphan's Home in the city of Buf- falo," passed April fourteen, eighteen hundred and sixty-five, is hereby amended so as to read as follows : ^ 1. Christian Voltz, Jacob H. Koons, George Kney, Andrew Graps, Co^po^a^ Daniel Long, Anton Hesselback, Jacob Reiman, Charles Sauer, Frede- °™- rick Wuest and such persons as shall or may hereafter, by a majority of said named persons, be elected members of such board, are hereby constituted a body corporate, by the name and style of " The Evan- Corporato gelical Lutheran St. John Orphan's Home of the city of Buffalo," for "^™®- the purpose of establishing and maintaining in the city of Buffalo an Object, institution as a home for mendless and destitute orphans. Said cor- poration may also have and maintain an institution in the town of institn- West Seneca, in Erie county, of the character and for the purposes weat^ mentioned in this section, and for those purposes may take and hold Seneca. real and personal property, as provided in the next section of this act. The title to the property already acquired by said corporation in said Title con- town of West Seneca is hereby ratified and confirmed. firmed. § 2. This act shall take effect immediately. Chap. 656. AN ACT to enable the towns of East Chester and Pelham in the county of Westchester to purchase and obtain lands for the improvement of East Chester creek. Passed May 22, 1874 ; three-fifths being present. The People of tJie State of New York^ represe7ited in Senate and Assewbly^ do eTiact as follows: Section 1. The supervisor of the town of East Chester, the super- Board of visor of the town of Pelham, and Beekman Van Gaasbeck of the village gfJJ^*' of Mount Vernon, in the county of Westchester, and their successors in office^ are hereby constituted a board of commissioners for the improve- ment of East Chester creek, a tidal stream or arm of the sea, flo\ving between and dividing the towns of East Chester and Pelham in the county of Westchester, with full power and authority, on behalf of the towns of East Chester and Pelham, to aid the government of the 748 LAWS OF NEW YORk( [Chap. 556. United States, in the manner hereinafter provided, in the work of straightening and mdening said creek and improving the same as an easement between the town dock and the swimming place or old landing place on said creek, or to such other point as the United States authorities shall direct said creek to be widened, straightened or improved. May par- & 2. The Said board are hereby authorized to purchase and obtain on land^ benalf of said towns of East Chester and Pelham, such lands as may be necessary to be used for the straightening and widening of said creek in accordance with the surveys for that purpose, made under and pursuant Title, how to the authority of the government of the United States, and in case the acquired. ^^ board canuot agree with the owner or owners of the land required for such purpose upon the price to be paid therefor, or are unable to contract in relation thereto by reason of the legal incapacity of such owners or any of them to enter into a contract for the sale of such lands, or by reason of the absence of such owners or any of them from the State, then the said board are hereby authorized to acquire title to said land for the purposes aforesaid, and to enter into, take possession of and condemn the same for such purposes, in the same manner and by the like proceedings as are made and provided for by chapter one hundred and forty of the laws of eighteen hundred and forty-eight, entitled " An act to authorize the formation of railroad corporations," and the several acts amending the same so far as the same are not inconsistent with this act. Vacancy. ^ 3. Any vacancy in said board caused by the death, resignation or howfliied. refusal to act of the said Beefanan Van Qaasbeck shall be filled by the remaining members of the board, and any vacancy tlierein occasioned by the death or resignation of either of the supervisors, shall be filled compen- by his sucoessor in the office of supervisor. Eadi member of said board Bation. g^g^]! receive three dollars per day for each day's actual service as a Account member thereof, and the said board shall render an account to the board of sujjervisors of the county of Westcvhester of such services, and of all disbursements and expenditures by them made, and of all neces- sary expenses incurred or contracted in procuring said land or ascer- taining the ownership thereof, fmd of all amounts necessary to be raised to pay for the land taken for such improvement and for such services, disbursements and expenses, which account shall be verified Account by the oath of a majority of the members of said board ; and the amount Sted*'^' o^ such services and of all disbursements, indebtedness or liability for such expenses shall be audited by said board of supervisors. Board of ^4 The Said board of supervisors shall cause the aitount of such or? to Ve*vy services, disbursements and expenses, together with • the amount the required to pay for such land, to be levied upon the taxable property amount. ^^ ^^^ towus of East Chester and Pelham, in prox)ortion to the assessed value thereof as contained in the assessment rolls submitted to the eaid board of supervisors at the same session with said account, and the Warrant warrant of said board shall direct the collector of taxes of the town of Sons?"^*^' Pelham to collect and receive the amount to be levied on said town, and shall direct the receiver of taxes of the town of East Chester to collect and receive the amount to be levied on said town in the same manner as other taxes are directed to be levied, and such collector and receiver diall collect such amounts and pay the same to the respective supervisors of said towns, who shall thereupon pay the same to the X)ersons or to their legal representatives entitled to receive the same according to such account so rendered to and audited by said board of supervisors. \ 5. This act shall take effect immediately. Chap. 557.] NINETY-SEVENTH SESSION. 749 Cliap. 557. AN ACT to amend an act entitled " An act to provide for a supply of water in the city of Yonkers," passed Feb- ruary twenty-eighth, eighteen hundred and seventy- Passed May 22, 1814 ; three-fifths being present. The People of the 8tate of New Tork^ represented in Senate and Assembly^ do ena^t asfoUows : Section 1. Section ten of the act entitled " An act to provide for a supply of water in the city of Yonkers," passed February twenty- eighth, eighteen hundred and seventy-three, is hereby amended bo as to read as follows : ^ 10. In case of disagreement between the said board of water commis. when an- monera and the owner of any property which may be required for the JJn™ ghau purposes aforesaid, or aifected by any operation connected therewith as appoint to the amount to be paid to such owner, or in case the said commis- ^on^^of sioners shall elect to have the damages to be sustained by or moneys to estimate, be paid to the owner of any land or privilege to be taken, or person or corporation interested in any stream of water to be diverted for the purposes of this act, assessed and ascertained by commissioners as herein provided, without first endeavoring to agree with such owner, person or corporation, or in case such owner shall be an infant, or married woman, or insane, or absent from this State, or unknown, or the owner of a contingent or uncertain interest, the Supreme CJourt, at any special term within the second judicial district, shall, on the appli- cation of said board of water commissioners, after three weeks' notice Notice of of such application, published in the ofiicial dty newspapers of said city J£^"*^*' once in each week, nominate and appoint three disinterested persons commissioners of estimate for the whole or each, or any case of disagree- ment, or in which property, rights and interests are to be taken, to examine such property, who, upon being duly sworn faithfully and commifl- impartially to ^scharge their duties as such commissioners, shall esti- Jjj'j^^ mate and report to said court at special term in said district, for confij*- to report, mation, the several sums which, in their opinion, will be a just compen- sation to such owners or persons or corporation respectively, for the appropriation to the purposes of this act of any property which may be required, or for the use or title of any such property, or for taking and diverting any stream of water, pond or spring. Such commissioners of oath of of- estimate shall file their oath of office in the office of the board of water ^^ ^ commissioners, and give public notice of their first meeting by publish- Notice of ing a notice thereof in the official city newspapers publish^ in said city, f "*^ ™®**" once a week for two weeks successively, before such meeting, and may then adjourn from time to time without further notice, and may examine Pioceed- witnesses on hearings before them, which testimony shall be reduced to *'*^- writing and subscribed by the witness, and for such purpose such commissioners, or any of them, shall have power to administ.er oaths. All evidence taken before them shall accompany their report. The Report to report of said commissioners of estimate, when completed, shall pogftedfor be dexK)sited in the office of the board of water commisssoners for examina- public inspection. The said commissioners of estimate shall then"®*** cause a notice to be published in the official city newspapers that the Notice, report has been so completed and deposited for examination by the 750 LAWS OF NEW YORK. [Chap. 557. parties interested, and that they will meet at a time and place therein to be specified, not less than ten days from the first publication of such Objec- notice, to review their report. During that time the said report may be tiona. examined free of expense by all interested, and at the time and place so specified any such person may offer objections in writing to the said Review or report. The said commissioners shall thereui)on, or as soon as conven- report. iently may be thereafter, review their said report, and correct the same if they shall deem proper, and shall then file the same in the ofiice of Present- the board of water commissioners. And the said board of water com- fo?cm^^'^* missioners may, after the final completion and filing of said report, after flrraation. publishing a notice for three successive weeks in ttie official city news- papers published in said city of their intention so to do, present the same for confirmation to the Supreme Court at any special term thereof held in the second judicial distnct. No other papers shall be read by either party upon the application to confirm such. report than the evi- dence and objections taken before said commissioners, which shall accompany such report. Only such persons who shall have filed written objections shall be heard upon such application. The court may confirm Proceed- the Said report in whole or in part. In case such report shall not be oon- portbynot ^"^®^ ^y ^^ court, as to one or more or all of such owners or parties conth-m- interested, the said court shall, without notice, appoint the same or three ^^' other disinterested persons as commissioners of estimate, who shall proceed with reference to the owners or parties interested as to which such report shall not be confirmed in all respects as above 8pedfied,and all the provisions of this section shall apply to such new report and the confirmation thereof. ^ 2. Section eleven of said act is hereby amended so as to read as follows: Gertiflcato ^ H. Before making application for the appointment of any such com- ed^appi^ missioners of estimate, and before publishing any notice of such appli- cation, cation, the said board of water conmiissioners shisill, by their president, ^^' make and execute a certificate of their intended application, in which shall be clearly stated and set out the pieces, parcels or lots of land, rights, privileges, stream or streams of water, ponds or springs, or other property which they shall elect to take, or which may be affected by the proceedings of said court or the commissioners of estimate by it to be appointed under such application, and shall deposit the same, together with a map showing the land to be taken, in the office of the board of water commissioners for public inspection, where they shall remain for two weeks after the first publication of such notice of application, and such certificate and map shall constitute a x>a'rt of the report to the court by the commissioners of estimate. Each certificate and map and each application may embrace one or as many different pieces of lands, inter- ests or property as the said board of water commissioners shall elect, and may affect the rights of one or as many persons or corporations as said board shall elect, and the said board may make as many separate and different certificates and maps as they shall deem proper. & 3. Section twelve of said act is hereby amended so as to read as follows : Abandon- ^ 12. In case any piece or parcel of land shall be abandoned or dis- ediand. continued by said board of water commissioners, the said board shall Notice of cause a notice to be published, once a week for three weeks, in the offi- me*n"1ind ^^^ ^ty newspapers in said city, of their intention to abandon or dis- Baie. continue such land, and of the time and place where and when it will Sale. sell the same together with the improvements thereon ; and shall sell said land and the improvements thereon at auction to the highest bid- Chap. 557.] NINETY-SEVENTH SESSION. 751 der, in one ot more. parcels, as said board of water oommissioneTS shalV elect, and the city of Yonkers shall convey such land so purchased at convoy- such auction sale to the purchaser or purchasers thereof. The moneys so *°^- derived from such sale or sales shall go to the sinking fund for the Disposi- retirement of the water bonds hereinafter provided for. proceeda. \ 4 Section iifteen of said act is hereby amended so as to read as follows : ^15. Whenever any rejwrt of the commissioners of estimate shall water have been confirmed by said court, the said water commissioners shall g^n^'io deposit as the said coiit may direct, or pay over to the owner, or such deposit or person as the court may designate, the sum mentioned, in said report, Swnon. in.full compensation for the property so required ; and thereupon the said city shall become seized in fee of such property, and said commis- sioners and said city shall be discharged from all claim by reason of any such appropriation or use. ^ 5. Section sixteen of said act is hereby amended so as to read as follows : ^16. The common council of the city of Yonkers shall issue, as common required by said board of water commissioners, the bonds of said city, f^l^^ ^ to be known as water bonds, for a sum not exceeding six hundred thou- bonds, sand dollars, which shall bear an interest not exceeding seven per cent, interest, per annum, payable semi-annually on the first day of April and Octo- ber in each year. Said bonds shall be payable in sums of fifty thou- Bonds, sand dollars in each year, commencing thirty years from April first, eigh- ^,J{q" ^^^' teen hundred and seventy-three, which bonds shall be signed by the how si^- mayor and city clerk of the city of Yonkers ; and a record thereof shall ^^rd *ao. be kept in the citv clerk's ofiice in said city, and the bonds so issued shall be delivered to said water commissioners, to be sold by them at not less than par or nominal value, and the proceeds applied only to carry into effect the provisions of this act. Said bonds before beine nego- tiable shall be countersigned by the president of the water board. ^ 6. Section seventeen of said act is hereby amended so as to read as follows : ^ 11. Said board of water commissioners shall have power to make Water all necessary contracts for labor and materials in the constru<{tion of the SoSS?" work and all things pertaining thereto, which contracts shall be in writ- may make ing, signed by a majority of the water commissioners, and of which ^^ "^^* three originals executed by the parties to be numbered with the same number ; one of which shall be given to the contractor, one filed with the clerk of the city of Yonkers, and one retained by the board of wafer commissioners ; three weeks' public notice shall be given in the sealed official city newspai)ers published in said city as the commissioners shall Soti^ot* direct, of the time and places at which sealed proposals will be received for entering into contracts ; and the board of water commissioners shall have full discretion as to the acceptance or rejection of any and all pro- posals, and in case any materials or labor shall then remain uncontrac- ted for, the like notice for sealed proposals and the like proceedings may be had as above provided, and so from time to time as said com- missioners may desire, to contract for work or materials ; and every person who shall enter into any contract for the supply of materials, or the performance of any work, shall give satisfactory security to said security, water commissioners for the faithful performance of his contract accord- ing to its terms. The said board shall have power to purchase materi- als and procure work to be done without contracting therefor, the cost of which shall not exceed five hundred dollars in any one case. 752 JLAWS OP NEW YORK. [Chap. 557. & 1. Section nineteen of said act is hereby amended bo as to lead as follows : Right to ^ 19. The said board of water commissioners, and all persons acting n«e Btreet, xinder their authority and direction, shall have the right to enter and use the ground or soil under any street, avenue, highway, road, square, or any other public ground within the county of Westchester, for the purpose of introducing water into and through all or any portions of the city of Yonkers, and in case of any such use the said board shall cause the surface of such street, avenue or highway, road, square, or other public ground, to be relaid and restored to its usual state, and all damages aone thereto to be repaired : and such right shall be con- tinuous, for the purpose of relaying or repairing water pii)es. & 8. Section twenty of said act is hereby amended so as to read as follows: Water ^ 20. The said board of water commissioners shall, after the intro^ pent8. duction of water, for general use, establish a scale of rents, to be charged and paid to the said board of water commissioners from time to time, either in advance or at such time or times as the water com- missioners shall prescribe, for the use and supply of water, to be called water-rents, on all classes of buildings in said city in which water shall be used ; and in the establishment of such scale of rents, said board shall have reference to the ordinary or extraordinary uses of said water for dwellings, stores, shops, hotels, factories, livery stables, wharves, bams, and all other buildings, establishments and trades, yards, number of families or occupants, or consumption of water for useful or ornamental purposes, as near as may be practicable, and irom time to Regaia- time either modify, amend, increase or diminish such rents. And snch coiiecUnff ^>^^^^ ^^ Water commissioners may make and establish ordinances and routs. regulations for enforcing the collection of water-rents and manner of using the water, and enforcing the observance of the same, by imposing fines and penalties, not exceeding one hundred dollars in any one case, to be collected by said board of water commissioners by action against the owner or occupant of the lot or building upon which such rent is charged, or x)erson violating such ordinance, or by cutting oS the uee Right of and supply of such water; and their agents or employees shall be entry. authorized, at all proper times, to enter into any pace or building where water is used from the supply-pipes, to examine as to the water, quantity used, and manner of using it. ^ 9. Section twenty-two of said act is hereby amended so as to read as follows : Interest ^ 22. Prior to the introduction of water into the dty for general use, bonds, tax *^® commou coundl shall levy and assess upon the real and peraonal for pay- property of the city liable to taxation the amount of interest due or to ™®"* ^ ' become due during the ensuing year upon the water bonds issued in Proviso, pursuance of this act, provicifed, however, that no tax shall be levied upon the taxable property in said city outside of the water district hereinafter provided for to pay any such interest falling due after the Income, year eighteen hundred and seventy-five. The entire annual income apjied. ^^^^^^ allsources, after deducting therefrom such sums as may be neoes- saiy to defray the expenses of repair of said water-works and of man- aging and using the same, and other necessary expenses, shall be apphed toward the jxayment of the interest on the loans and toward the creation of a sinking fund for the payment of the principal of the loans as it shall from time to time become due and payable, which sinking fund shall be managed by said commissioners. After the introduction of water into the city for general use, said board of water Chap. 557.] NINETY-SEVENTH SESSION. 753 oommistdoners shall annuallyy on the first Monday in December in each Annnai year, report to the common council the amount of moneys received by Sommu-^ them (from all sources), and the payments made by them for the sup. sioners, port and maintenance of the water- works during the preceding year, ^' and shall -psj over to the treasurer of the dty of Yonkers the balance remaining in their hands, to be applied by him to the x>a'ynient of inter- est on the water bonds. In case the amount so reported and paid by interest, the water commissioners should not be sufficient to pay the interest on f/JJijome the water bonds for the ensuing year, then the difference required to meet not enffioi- said interest shall be assessed by the common council of the dty of ^^^ Yonkers, on and become a lien upon and be collected from the real property, in front of and near which water-pipes shall be laid within the disMct to be supplied by water, the boundaries of which district shall firom time to time be fixed bv the common conndl, and shall be known as the '' water district" The assessors of said dty of Yonkers Assess- shall annually make an assessment roll of said real property in said jl^^watef^ " water district," for the use of the common coundl in assessing, levy- jiistriot. incp and collecting said water tax, which shall be assessed^ levied and ^c^of ' collected in the same manner, as near as mav be, as is or may be pre- ^^^* scribed by the charter of the dty of Yonkers for the assessment, levying and collecting of taxes within said dty ; but the same shall be assessed and collected by and upon a separate assessment roll, and by separate warrant, and by separate proceedings from the collection of general taxes ; and the same proceedings shall be had by the common saieof coundl for the sale of lands for the non-payment of any such water tax ^*^*** as is or may be prescribed in said charter for the sale of lands for the non-payment of taxes. ^ 10. Section twenty-three of said act is hereby amended so as to read as follows : ^ 23. Ten years after the date of the bonds authorized to be issued sinking under this act, the common coundl of the city of Yonkers shall, in ^Jjed?'^ addition to all other taxes, annually levy, assess and collect, from the taxable property within the dty of Yonkers, two per cent, upon the amount of water bonds so issued, which amount, when collected, shall be paid to the board of water commissioners, to be used by it as a sinking fund for the retirement of said water bonds ; and said board Appiica- of water commissioners, ux)on the receipt of said amount, shall imme- tl^"***^®™" diately advertise for proposals to sell to it for said sinking fund said water bonds to an amount sufficient to absorb the amount received from said tax, and shall accept the most favorable proposal, if deemed for tiie interest of the dty ; but in case none of said water bonds are offered to said sinking fund, or, if offered on terms not satisfactory, said board of water commissioners shall invest the amount so received either in the bonds of the United States or of the State of New York, i or any bonds of the dty of Yonkeni. Any bonds issued under the provisions of this act, purchased by said board of water commissioners, shall be stamped as belonging to the sinking fund ; but the commis- sioners shall collect the interest thereon as it becomes due, and invest the same in the same manner as the amount received from the proceeds of the tax. Any surplus income, after paying the necessary expenses sorpinsin- of operating and maintaining the water-works and paying interest ^^joJ'^ ' upon the water bonds issued therefor, shall in like manner be invested in said bonds or other bonds, as above provided for the investment of the money received from the direct tax ; provided, however, that no Proyiso. tax as above provided shall be imposed for said sinking fund if the surplus, after paying all expenses and interest, at the end of the ten 754: • LAWS OP NEW YORK. [Chap. 557. years or any succeeding year, sbonld be equal to two per cent, of the amount of water bonds issued; and provided, further, that if the amount of said surplus moneys should not equal two per cent, of the whole amount of water bonds issued, then the difference between such surplus amount and the said two per cent, only shall be annually assessed and collected. ^11. Section twenty-four of said act is hereby amended so as to read as follows : statement ^ 24. The Said board of water commissioners shall annually, on the comrau^ ^^^^ Monday of December in each year, and at such other times as Bioners to required by the common council of the city of Yonkers, deliver to them council? ^ detailed statement of all the accounts of said water commissioners, a general statement of all their work and the condition of their affidrs and the state of their finances, including a full detail of the amount received from all sources, and the amount expended in the progress of the work, and a particular statement of any deficiency as to meeting the expenses and interest on the principal sum borrowed and the sink- Books and iug fiiud, as in this act authorized, and all books and X)aper8 of every Se^enbjMit ^^^^ ^®P^ ^7 ^^ commissiouors, on which are entries of their trans- to impeo- actions as such, shall at all times be subject to the inspection of the ^^°^' mayor and said common council, and of every member of the said common council. ^12. Section twenty. six of said act is hereby amended so as to read as follows : By-laws. § 26. The said board of water commissioners shall have power, from time to time, to make and establish such by-laws, ordinances, rules and regulations as they may judge proper for the election of oflicers, their terms of office, and as to the duties of their officers, agents and em- ployees, and the means of enforcing such duties, and for the regulation of the times and manner of holding meetings of the board of water commissioners, and generally for transacting, managing and directing Office to the affairs of the board of water commissioners. They shall also estab- liflhed***' ^^^ ^^ office for the filing, depositing and recording of all books, papers and maps required to be filed in the transaction of their business. ^ 13. Section twenty-eight of said act is hereby amended so as to read as follows : Water as- ^28. The Said board of water commissioners shall, after the intro- Beaaments. ^u^tion of water for general use, in addition to the scale of rents here- inbefore authorized to be established for the use of the water, establish a scale of annual rents, to be denominated '' water assessments," and apportioned to all the different lots, pieces or parcels of land in said city, including lots upon which buildings are erected, in ftx^nt of or near which wat,er-pipes shall be laid. Said board may increitee or diminish such scale of "water assessments" from time to time, pro- Proviso, vided, however, that said water assessments upon any lot shall not exceed thirty cents per lineal foot street frontage upon any such lot. From Such " Water assessments," when so established, shall be collected from be^coSoct- *^® owners or occupants of all such lots, pieces or parcels of land, respec- ed. tively, which shall front upon any street, avenue, alley or private-way in said city in which the distributing water-pipes are or may be laid, • To be a and from which they can be supplied with water. Said water assess- ^^®°' ment« shall become a charge and lien upon the whole of such houses and lots, respectively, so fronting, as aforesaid, to the extent of their front, Listof lota width and depth. The said board of water commissioners shall annually mad^e an- cause an assessment list of said lots to be prepared, upon which said Dually. « water assessments " shall be a lien, and for the valid assessment of any Chap. 557.] NINETY-SEVENTH SESSION. 755 lands under this Beotion^ it shall be sufficient to givd the name of the owner, when known, together with the lot number, if any, on any desig- nated map, the side of the street upon which said lot is located, and the size thereof, as nearly as can be ascertained. In case the owner or owners of any of said lots shall not be known, then the same shall be assessed to " unknown owners." No error in the name of the owners shall Error not invalidate the assessment, nor shall any error in the description invali- ^ate7*^" date the assessment unless the same shall mislead the owner of such land. The said board of water commissioners shall by ordinance or by- Fiscal law establish a day on which shall commence each fiscal year ; all water y®*^- assessments shall be payable to the treasurer of the water board, within water as- thirty days after the commencement of each fiscal year, and such assess- ^Jlnpay! ment shall be, fi-om the commencement of each fiscal year, liens upon able, the property upon which the same shall be assessed or charged. The treasurer of said water board shall, at the termination of each fiscal unpaidas- year, cause a list of the lots, pieces or parcels of land upon which water f^onSJf ; assessments remain unpaid, to be prepared and certify the same, which list shall contain in the first column a brief description of the property upon whidi unpaid water assessments shall have been imposed, or been payable during such years : in the second column the amount of the annual water assessment charged and unpaid upon such prop- erty ; in the third column the name or reputed name of the owner or occupant of such property, or, if such owner shall be unknown, then the words " unknown owner," and shall file such certified list with the clerk of said city. The common council of said city, shall thereupon wannnt issue their warrant to the receiver of taxes of said city directing him tion?"°°' to collect the same, with interest and commissions as is or may be pro- vided for the collection of city taxes, and said receiver shall, daily, make Daily pay- payment of such water assessments as he shall collect to the treasurer ™®'^^ *®- of the board of water commissioners, and report daily, in items, the amounts collected, and against what property, and make return of his pTOceedings and of unpaid water assessments, in the same manner as is or may be prescribed in the charter of the city of Yonkers upon a war- rant issued to him for collection of city taxes, and as to such water saic of assessments as shall not be paid to such receiver, and the non-payment SJ^®*"*^' of which he shall return and certify as above, the said common council made, are hereby authorized to sell the property upon which the same shall be charged, in the same manner and to the same extent, and to the same effect in all respects as they are or may be authorized to sell lands for unpaid taxes ; and the issuing of a lease upon any such sale shall be presumptive evidence of the regularity of the sale, the legality of the imposition of the charge or water assessment, and that the same was unpaid, and that all the proceedings, up to and including the issuing of such lease, were regular and lawfully authorized. The amount of money derived from the sale of such property^shall be paid to the treasurer of the board of water commissioners. For the purposes of this section the Ftecai first fiscal year shall consist of that period of time between the day ^^^' when the said commissioners shall elect and determine to commence the supply of water for said city, and the day as aforesaid to be designated as the day in which the fiscal year shall commence. The said b^d of water commissioners are hereby authorized to ascertain, and by reso- lution to determine, a day upon which for all purposes of this act, it shall be deemed that water shall have been introduced for general purposes, according to the intent and meaning of this act. ^ 14. Section twenty-nine of said act is hereby amended so as to read aa follows : 756 LAWS OP NEW YORK [Chap. 558. Interest fj 29. Water asBessmenta which shall remain unpaid at the expiration pauf M^' of thirty days after the commencement of the i^cal year, and which sessments. shall be paid at any time before sixty days after the commencement of such fiscal year, shall draw interest at the rate of seven per cent, per annum, from the commencement of the fiscal year ; and water assess- ments which shall remain unpaid sixty days after the commencement of the fiscal year shall draw interest at the rate of twelve per cent per annum from the commencement of the fiscal year until paid. ^ 15. Section thirty-three of said act is hereby amended so as to read as follows : Taking ^ 33. Whenever it shall be necessary, in the judgment of the said for reser- board of water commissioners, to take any public road or highway for voir. the purposes of a reservoir, it shall be lawful and it shall be the duty of the said board either to raise the said road or construct a bridge there, for, or to take land for the purpose of a highway, and to construct a Expenses, highway thereon in place of the one so taken, and the expenses of tak- ing sucn land and of constructing or raising such highway or bridge shall be deemed a part of the expenses of taking land authorized by this act and by the acts hereby amended ; and all damages sustained by the owner of any land, by reason of change of such h^hway, shall be assessed and ascertained by the commissioners of estimate appointed in pursuance of the provudons of this act and of the act hereby amended,- and shall be paid for in the same manner as damages for the taking of lands. ^ 16. This act shall take effect immediately. Chap. 558. AN ACT to incorporate the Niagara River Transit Com- pany, and to authorize said company to constuct a bridge or tunnel. Passed May 22, 1814 ; three-fifths being present. The People of the 8tate of New YorTi^ represented in Senate and Assembly y do endct as follows: Gorporat- SECTION 1. Lewis P. Dayton, John S. Qanson, James Tillinghast, ^^^' Dennis Bowen, Joseph Warren, James M. IVtetthews, Samuel F. Alberffer, John Allen, Jr., Walter Carey, Robert Q. Stewart, Jacob Schue, Daniel E. Bailey, Israel 8. Sencer, Thomas Leighton, Isssuc Holloway, John 8. Casement, J. Condit Smith, Milton Randall, Gaylord N. Sher- wood, L. C. Woodruff, James Adams, Joseph Bock, £. L. Hedstromy William H. Greene, Britain Holmes, Alfred 8. Hubbell, Jacob A Gittere, JosephuB N. Larned, Alexander 8. Diven, David 8. Bennett, Nelson Holland, John Wilkinson, John M. Hutchinson, John B. Griffin, Thomp- son Hersee, D. Clinton Welch, John McMannus, Edward L. StevensoD, Gibson T. Williams, Oliver G. Steele, George W. Tift, Richard Bully- more, Dexter P. Rumsey, James C. Evans, John P. Sdioelkopf, Philip Becker, Elam R. Jewett, William G. Fargo, William P. Letch¥rorth, Martin Taylor, William Baynes, Orsamus H. Marshall, Guilford R. Wilson, George R. Potter, Robert D. Sherman, Edward Bennett, N. C. Scoville, George Chambers, Joseph W. Smith, and such other persons as they may associate with them, under the provisions of this act, shall be and they are hereby incorporated a body corporate by the name of the Corporate Niagara River Transit Company, with power to associate with any name. other persons, company, association or corporation in the dominion of Chap. 558.] NINETY-SEVENTH SESSION. 757 Canada, for the construction and maintenance of a bridge acroes the object Niagara river, or a tunnel underneath the said river (as may be deemed expedient by the said company), from the city of BufGalo to some point near Fort Erie, in the province of Ontario, dominion of Canada, such bridge or tunnel not to impede the navi^tion of said river, said bridge Bridge, (if a bridge be built) to be constructed with two draws, one across Black Jtroctud." Rock harbor and the other across the main channel of the Niagara river ; such draws to be of ample width to give unobstructed passage to all steamboats, vessels, rafts or other crafts navigating said river, or Lake Erie, and to be at all times tended and moved at the expense of the aaid company, so as not to hinder the passage of any vessel or other craft ; and suitable* lights shall be exhibited at the said draws during Lights, all hours of the night, while the season of navigation continues. Said company shall, at all times, keep in readiness one or more powerful steam, steamboats, or steam-tugs, suitable for towing such vessels, rafts, or other ^^^ ^^ com< crafts, through such draws, and shall tow all such vessels, rafts, or other pny to crafts, through said draws whenever requested to do so by the officer, ®**^" owner, agent, or other person in charge of said vessels, rafts, or other crafts, such notice to be given by steam whistle, flag, or other usual signals, verbally or in writing, when a passage is required on their regular passage through said draw, without charge, and said comx)any shall be liable to pay the owner of any steamboat, vessel, raft, or other craft, or the cargoes thereof, all damages which they may sustain by reason of bridging said river. & 2. The said comx>any shall have x>ower to construct approaches and Ap. to lay tracks to and from said bridge or tunnel in its immediate vicinity, Sn^ia*!!^ and may acquire land for the construction of said approaches and tracks, therefor. ^ 3. The capital stoc^ of the said company shall be one million Ave capital hundred thousand dollars, with the privilege of increasing the same to ®^^' three millions of dollars, to be divided into shares of one hundred dollars each, and the same shall be deemed personal property. ^ 4. Such bridge or tunnel as may be constructed by the said com- uses of pany shall be for the passage of persons on foot and in carriages or tSJufel**' otherwise, as well as for th^ passage of railroad trains ; but all ftich railroad companies as may now or hereafter desire to run cars and locomotives across the said bridge, or through the said tunnel, shall have and be entitled to the same and equal rights and privileges in the passage of the said bridge or tunnel, and in the use of all the approaches thereto. ^ 5. The provisions of the act entitled '^ An act to authorize the ProTisions formation of railroad corporations and to regulate the same," x>^'^^d ?Iffroad*^ April iiecond, eighteen hundred and flfty, and of the several acts-act appu- amendatory thereof, and supplementary thereto, shall apply, in all ®'** respects so far as the same are applicable to the formation and regula- tion of the said company, in the same manner and to the same extent as though the said company were a railroad corporation formed under the provisions of the said act. ^ 6. The oorx)oration hereby created shall have power to use any of Use of the streets, squares or alleys of the dty of Buffalo, for the erection of Jj?®*^'' such bridge or tunnel, and the works and approaches thereto appertain, ing, provided the consent of the common council of the saia dty of Buffalo shall first be obtained. hi. If the said bridge or tunnel be not commenced within five years. Time for and completed within ten years, said corporation shall from thenceforth fnence- cease. ment, &c. § 8. This act shall take effect immediately. 758 LAWS OP^NEW YORK. [Chap. 559. Corporat- ors. ObJoctB. Draw, cue of, Ac. Lights. Capital stock. Directors. To be chosen annually* By-laws. Rates of toll. Payment ofsnb- scriptions. Cliap. 559. AN ACT to incorporate the Niagara Grand Island Bridge Company. Passed May 22, 1874. The People of the State of New Torkf represented in Senate and Asse7nbly, do enact asfoUowa : Section 1. All persons who shall become stockholders pursuant to this act shall be and they are hereby incorporated a body coi'porate by the name of the Niagara Grand Island Bridge Company, with power to associate with any other persons, company, assodation or corporation in the United States or Canada, for the construction and maintaining a bridge for road or railroad purposes, on the right bank of the Niagara river, crossine; any island, if deemed exx)edient, in said river, to some point thereof in Canada, on the left bank, with one draw across each channel of the said river, which shall not materially impede the naviga- tion thereof at a point in or near the village of Tonawanda, including the power to make the necessary approaches thereto, and by means of one or more tracks to connect the same with other railroads; said approaches not to extend more than two miles from the east bank of the Niagara river. ^ 2. The draw of said bridge or bridges shall be of ample width to give free and unobstructed X)a8sage to all steamboats, rafts and other vessels navigating said river, or LiBike Erie ; they shall be at all times tended and moved at the expense of said oomx)any, so as not to hinder or delay the passage of any steamboat, vessel or rafts ; at all times during the season of lake navigation suitable lights shall be maintained ux)on said bridge to guide all such vessels, rafts or steamboats at all times approaching or passing said draws. ^B, The capital stock of said company shall be one million of dollarB, with the privilege of increasing the same to three millions, to be divided into shares of one hundred dollars each, and shall be deemed personal property. ^ 4 The affairs of the company shall be managed by a board of nine directors, who shall be each stockholders of the said company, holding at least ten shares each, and after the first election shall be chosen annn- ally on the first Tuesdav in June in each year, at such place as the stock- holders may direct, and ui)on such notice to the stockholders, as a major- ity of the directors shall appoint, by a majority of the ntockholdere voting at such election, in person or by proxy, and in such manner as may be prescribed in the by-laws of the company, and such directors shall continue to be directors until others are elected in their place? ; and in the election of directors and in every other case wherein a vote shall be submitted to the stockholders and a poll demanded, each stock- holder shall be entitled to one vote, personally or by proxy, on eveiy share held by him, thirty days previous to any such election, or vot« being taken. ^ 5. The directors shall have power to make all reasonable by-laws and rules consistent with general laws, for the government of the com- pany and its officers and agents, and to fix such rates of toll for the «ee of the said bridge, and from time to time to change the same as they may deem expedient, and may require from stockholders payment of all sums of money by them subscribed, at such times and in such pio- Chap. 559.] NINETY-SEVENTH SESSION. ;759 portions as may be deemed proi)er, under the penalty of a forfeiture of their re8i)ective shares, and all payments thereon, first giving thirty days' previous notice of such call, in two or more newspapers printed in the city of BulBfalo. & 6. All the stockholders under this act shall be severally and indi- Personal viaually liable to an amount equal to the amount unpaid on the stock gtockhoid^ held by them respectively, for all debts and liabilities of such com- ere. pany, until the whole amount of the capital stock so held by said stockholders respectively, shall have been X)aid, and a certificate or certificates thereof filed, on the part of each or all of said stockholders, that the respective amounts of each have been paid, in the office of the clerk of the county of Erie. h 1. The said corporation shall possess the general powers, and be General suDJect to the restrictions and liabilities prescribed in title three, of ^^T*^"' chapter eighteen, of x>art &st of the Revised Statutes, so far as the same are applicable thereto. i 8. The said corporation is hereby empowered to purchase, receive Power to and hold such real estate on either side of the Niagara river as may be ^©^ "rei necessary and convenient in accomplishing the objects for which this estate, charter is granted, and may, by their surveyor and engineers, enter upon such sites and locations and take possession of the same. All such sites and locations as shall be entered upon as aforesaid shall, except donations, be purchased of the owner or owners at a price to be mutually agreed upon. In cases of the disagreement of the prices to How tiue be paid for any such land within the boundaries of the State of New Sined^^^' York, then the said corporation shall possess all the powers and privi- leges contained in the thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty- second, twenty-third, twenty-fourth, twenty-fifth, twenty-sixth and twenty-eighth sections of the act entitled "An act to authorize the formation of railroad corporations and regulate the same," passed April second, eighteen hundred and fifty, and as the same have been and stand amended, and subject to the duties, liabilities and provisions in the said sections contained. i 9. The corporation shall possess the general powers, and be sub- consoUda- ject to the restrictions and liabilities prescribed in the act entitled '^''*^* " An act authorizing the consolidation of certain railroad companies," passed May twenty, eighteen hundred and sixty-nine, so far as the same are applicable thereto, for the purposes of consolidating the same with any corporation chartered for a like purpose by the Parliament of Canada ; and shall further have the power to lease the said bridge, the approaches and connections thereto, and appurtenances to any chartered corporation for such time and on such terms as may be agreed upon. ^ 10. The said corporation, or the new corporation, in the case of corpora- consolidation with any other corporation or corporations, shall have {JoJ^."^^ power, from time to time, to borrow such sums of money as may be money, necessary for constructing and completing the said bridge, and for acquiring the necessary real estate for the site thereof and the ap- proaches thereto, and to mortgaepe its corporate property and franchises security to secure the i)ayment of any debt which shall be contracted by such therefor. corporation for the purposes aforesaid ; and it shall be lawful for any Loan of corporation, chartered by the Legislature of this Stafe, or by any other credit. State, or by the Parliament of Canada, or the province of Ontario, to loan its credit to the corporation hereby created, or may subscribe to or become the owner of the stock thereof in like manner and with like 760 ^ LAWS OF NEW YORK. [Chap. 559. rights as individuals ; and the said corporation or corporations having entered into such lease and agreed for the loan of its or their credit for that object, by direct guaranty or traffic, contract or otherwise, the said Bonds, corporation hereby chartered, or the new corporation, in the case of consolidation, may issue bonds which shall bear the ci^it or guaranty of the said corporation or corporations, to an amount not exceeding two millions of dollars, and shall have the same charge and effect upon the undertaking and property, and the same extent as is secured by this section by way of mortgage, compen. ^ 11. The Said corporation or corporations, being lessees, shall have 55c of ^^ *^® right to charge such fair compensation for the use of the bridge, bridge, and the appurtenances and approaches thereto, by the corporations, or by any company whose business shall pass over the same, as shall be found by experience requisite to enable them to pay, first, all the expenses of keeping the works in repair, and interest upon the money borrowed for the construction thereof, and dividends not exceeding ten X)er cent upon their capital stock and such additional sum as will fur- nish a sinking fund in each year not to exceed five per cent, of the amount of its bonded debt, for the purpose of gradually extinguishing the same, and the deficiencies of toll to supply such compensation in anv one year, may be charged and collected in any subsequent year. GoiTer. $ 12. The Said comx>any shall have power to erect coffer-dains and dame, &c. ^y^Q^ other works in the Niagara river as may be necessary for the con- struction of such bridge, provided the navigation of said river shall not Lights, to be obstructed by such work ; and it shall he the duty of said company teined.**' ^ P^^ ^P ^^^ maintain in the night-time, during the season of lake navigation, a good and sufficient light at each end of any coffer-dam which may be erected by said company ; said light to be placed at least five feet above said dam, and also such buoys, during both day and night, as m^y be necessary for the guide of persons navigating said river, wiiifai in. ^ 13. If any person shall willfully or maliciously do, or cause to be ^^^' done, any act or acts whatever, whereby said bridge, their lights, sta- tions, works, machinery, fixtures or other appurtenances thereto shall be obstructed, impaired, weakened, destroyed or injured, or do any of said acts to the injury of said bridge, the person so offending shall for- feit to said corporation treble damages sustained by means of such offense or injury, to be recovered in the name of the corporation, with Misde- costs of suit, by action of debt, and shall be guiltv of a misdemeanor meanor. g^j^^ j^^ punished by iine or imprisonment, or lx>th, by any court having cofi^nizance of the offense. Time for ^ 14. If Said bridge be not commenced within three years, and oom- fn^X"^ pleted within seven years, said corporation shall from thenceforth cease. Commia- ^ 15. Henry P. Smith, John Nice, William Alexander Thomson, A. Bioners. McLachlen, Codon McDougall, John Flett, Edwin Hershey, Lanty & Lundy, Lewis 8. Payne, Harry B. Ramson, John W. Cramer, Albert R Williams, Ossian Bedell, Daniel Post shall be commissioners, a majority May iQ. of whom shall, when this act shall have passed and become a law, and g^g^ as soon thereafter as they may deem expedient, have power to locate said bridge, which location shall not be changed except by and with the consent of a majority of the commissioners herein named, and snhflcrip- appoint some suitable place in the village of Tonawanda, to open the oapfta? ho6k& and receive subscriptions to the capital stock of said corporation, stock, Ac. of which ten days' public notice shall be given in at least one newspaper in the dty of Buffalo ; and said commissioners may adjourn, from time to time, as they may deem proper, and open the books for ftirther Chap. 560.] NINETY-SEVENTH SESSION. 761 subscription, until the sum of two hundred thousand dollars shall have been subscribed in the capital stock ; and if more than the whole stock shall have been subscribed, the same shall be distributed pro rata among the subscribers. ^ 16. The sum of ten dollars upon each share of stock so subscribed Ten doi- shall be x>aid to the commissioners attending at the time of making ia^ch * such sabflcription, which shall be held for the purposes of the corpora- S^*^**"®.^ tion only, and shall be paid to the directors for such purposes, upon their down, election, as hereinafter provided ; except in respect to such subscriptions as the said commissioners shall have excluded, in which case the said sums BO paid in resx)ect to such excluded subscription shall be returned by the commissioners to the person or persons who shall have paid the same. ^17. A.S soon as the sum of two hundred thousand dollars on the chooeing capital stock shall have been duly subscribed, and have obtained the iii^ectore. approbation of the commissioners, they, or a majority of them, shall give ten days' notice in two public newspapers published in the city of Buffalo of a meeting of the stockholders to choose directors ; and the said commissioners, or such of them as shall attend, shall preside at the first election, and such election shall be made at the time and place appointed by the commissioners in their notices by such of the stock- holders as shall be present in person or by proxy, and the said commis- certm- sionert^ so presiding shall, under their hands, certify the names of the c»*«- directors so elected, and shall appoint the time and place of the first pint meeting of the board of directors, and at such first meeting, and so soon meeting, as a majority of the said directors shall be present, the commissioners when da- shall deliver over the subscription money, books and papers to the commis- diieetors, whereupon the duties of the said commissioners shall cease, Bionon and they stand discharged of their duties under this act, except so far *^®**®- as pertains to the location of said bridge. ^ 18. The directors shall, at their first meeting after such election, and Appoint- after every annual election of directors under this act, appoint from ™^*^e^t their number a president and vioe-preeddent ; a majority of the whole *c. * shall at all times form a quorum of ihe board for the transaction ofQaonim. business, which quorum may be made by proxies, provided that never ' less than three directors shall be actually present in prox)er person. ^ 19. This act shall take effect immemately. Chap. 560. AN ACT to amend an act entitled "An act to authorize the formation of town insurance companies," passed April seventeenth, eighteen hundred and fifty-seven, and the act to amend the same, passed May twenty-first, eigh- teen hundred and seventy-three. Passed May 22, 1874. The People of the StcUe of Nefio Tork^ represented in Senate and Assembly y do enact a^ follows : Section 1. Section four of the act entitled " An act to authorize the formation of town insurance companies," passed April seventeenth, eighteen huri3red and fifty-seven, and the act to amend the same, passed May twenty-first, eighteen hundred and seventy-three, is hereby amended so as to read as follows, and as amended is made applicable 49 762 LAWS OF NEW YORK. [Chap. 562. to all town insurance companies heretofore formed or organized there- under. FoUcies. ^ 4. The directors of such company may issue policies, signed by their president and secretary, agreeing, in the name of such company, to jMiy all damages which may be sustained by fire or lightning, for a term not exceeding five years, oy the holders of such policies, not exceeding the sum named in the x>olicy, and which shall not exceed the sum of three thousand dollars in any one risk, excepting upon detached buildings upon farms, upon which such risk shall not exceed five thousand dollars. ^ 2. This act to take effect immediately. Chap. 561. AN ACT to amend chapter four hundred of the laws of eighteen hundred and seventy-two, entitled "An act to incorporate the Oswegatchie Bridge Company.** Passed May 23, 1874 The People of the State of New Toi% repi^eaeiUed in Senate and Aaae^ribly, do enact a^ fellows : Sbction 1. Section four of chapter four hundred of the laws of eigh- teen hundred and seventy-two is hei'eby amended by adding at the end of said section the words following : Constrnc- "And also to construct a bridge of the same plan and construction as bridge an- *^® bridge authorized in section three of this act, with a like draw, and thori«ed. to be Opened as therein provided, across the inner or south channel of the river St. Lawrence, in front of the said city of Ogdensburgh, at any point between Catharine street and Franklin street in said dty, and to BaUroad. coustruct, maintain and operate a railroad, with one or more tracks from said bridge across the bar, shoal or flat in front of said city, to the outer or main channel of the river St. Lawrence, and to construct, establish and maintain a dock or wharf at the end of said road, on said main channel, necessary for the operating said road and a ferry across said main channel, not to exceea three hundred feet square." ^ 2. Section seven of said act is hereby amendcKi by striking out the words "Oswegatchie river," and iiiserting in the place thereof the word "rivers." ^ 3. This act shall take effect immediately. Dook. Amend ment. Chap. 562. AN ACT to amend chapter five hundred and five of the laws of eighteen hundred and sixty-five, entitled " An act to provide for the improvement of the navigation of the Oswegatchie river, and of the hydraulic powers thereon, and to check freshets therein." Passed May 23, 1874 ; three-fifths being present The People of the State of New Tork^ represented in Senate and Assembly, do enact as follows : Section 1. Section twelve of chapter five hundred and five of the laws of eighteen hundred and sixty-five is hereby amended by adding thereto the following : Chap. 662.] NINETY-SEVENTH SESSION. ^63 In order further to cany out the purposes of this act, the commis- Reservoir, sioners under the same, are hereby authorized and empowered to mout ©?* constitute, establish and improve Black lake as a reservoir, for the pur- poaeB specified in the first section of this act, and whenever they receive Petition a petition to that eiFect, signed by a majority of the owners of first and Scate!^*^' second class runs of water attached to the water property at Ogdens- bargh, with a certificate of the county judge of 8t, Lawrence county, that it is proved to his satisfaction that the signers of said petition are owners of a majority of the first and second class runs of water attached to the water power property at Ogdensburgh, they shall excavate a channel not over five feet in depth below the bottom of the cut in the Eel- weir rapids, as authorized to be made by the commissioners under chapter five hundred and seventy-seven of the laws of eighteen hundred and sixty-four, and not wider than one hundred feet, out of said Black lake at such point at or ne^r the Eel-weir rapids, as they may deter- mine, with gates whereby the waters of said lake may be retained and discharged as the purposes of this act may require. They shall cause a snrvc-y survey and map to be made of the lands which they may deem neces- »"<^™»P' sary to take for the purpose of making such channel, and the gates thereon, and for a highway thereto, which map shall indicate as near as may be the diffi^rent lots or tracts of land aff*ected, the owners thereof so far as they can ascertain the same, and the quantity of land required from each, and they shall file such survey and map in the clerk's office of St. Lawrence county. They may purchase from the owners the lands Title, how described in said survey and map, and all other lands affected by the ^c?""^^' cutting of said channel, if they agree with the owners on the terms of such purchase, and may take a conveyance thereof to themselves, their saccessors and assigns forever. The provisions of sections six, eight, nine, ten, eleven, thirteen, fourteen, fifteen, sixteen, seventeen and eighteen of this act shall apply to the purposes of this section, as amended, except that the expenses of the work in this section author- Expenses, ized, including the damages to private rights and interests shall be J^^^d! assessed ujwn the several lots or parcels of land in Ogdensburgh, on which there is hydraulic power dei)endent ujwn the waters of said river, and except that all notices required to be published by the provisions of Notices. said sections shall be published in two newspapers published in the dty of Ogdensburgh. The gates which said conmiissioners are hereby Gates, authorized to erect in such channel shall in no case be higher than the *»«^«*»'of- bottom of the cut authorized by said chapter five hundred and seventy- seven of the laws of eighteen hundred and sixty-four, and said commis- sioners shall draw down the waters of Black lake to an average of two Height of feet below the bottom of said cut before receiving any water fromgi*^^''* Cranberry lake, after the first day of June in each year, and shall not lake. permit the waters of Black lake to rise above the bottom of said cut, except in case of sudden fi^shet or storm of wind, until the supply of waters from Cranberry lake shall be exhausted. 8aid board shall maintain, repair and improve the works provided for by this section as amended. 764 LAWS OF NEW YORK [Chap. 563. Oliap. 663. AN ACT to amend an act entitled "An act to amend the act entitled *An act to amend the act to combine into one act the several acts relating to the city of Albany, passed April twelfth, eighteen hundred and forty-two, and the several acts amendatory thereof; and also to repeal the act establishing a capital police district, and to provide for the government thereof, passed April twenty-second, eighteen hundred and sixty-five, and the several acts amendatory thereof in so far as they relate to the city of Albany,' passed March sixteenth, eighteen hundred and seventy," passed April fifteenth, eighteen hundred and seventy-one. Passed May 23, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Sbction 1. Section seven of chapter five hundred and thirty-six of the laws of eighteen hundred and seventy-one is hereby amended so as to read as follows : ^ 1. Title eight of chapter seventy-seven of the laws of eighteen hundred and seventy, is hereby amended by adding thereto the follow- ing section : whenreia ^ 13. After any house or lot, parcel of land, or iranchise shall have TOiS'tof^" ^^'^ advertised for two different sales, to satisfy any apportionment or asBesft- assessment made pursuant to the provisions of law, and there shall be*pn™*^ be no purchaser at such sales, such houses and lots, parcel of land, or ^asedfor franchise, may be purchased for the dty, by the chamberlain, at the ® ° ^* close of the secono, or any subsequent sale ; and thereupon the dty shall receive in the corporate name, a certificate and declaration of sale therefor, in the same manner as individual purchasers, and shall be vested with the same rights as other purchasers, and such certificate or declaration of sale shall be prima fade evidence of the regularity of all the proceedings prior thereto. The chamberlain is authorized to credit such assessments and apportionments with the purchase of the citrmay houses and lots, or the franchise therein named. In case the dty property, beoomes the purchaser, as herein provided, they are authorized to sell the property so purcha^d, and assign to the purchaser the certificate or declaration of sale, or c>onvey such property and rights by quit-claim Proviao. deed, provided, however, that no such sale or assignment shall be made except upon payment to the chamberlain of the amount paid by the city for such property at the assessment sale, unless such sale or assignment shall be made made in pursuance of a resolution passed by a vote of three-fourths of all the members elected to the common coundl, NoUco. approved by the mayor, after a notice shall have been published in ihe official papers once a week for three weeks, stating the person to whom and the price for which such property is proposed to be sold. The amount of apx)ortionments and assessments, with the interest thereon, thus credited, shall be levied and collected in the annual tax budget, in accordance with section three, chapter one hundred thirty-nine, of laws of March twenty-seven, eighteen hundred and forty-eight. ^ 2. This act shall take effect immediately. Chap. 564.] NINETY-SEVENTH SESSION. 765 Chap. 564. AN ACT to amend an act entitled " An act to incorporate the village of Green Island, and for other purposes," passed May twelfth, eighteen hundred and sixty-nine. Passed May 23, 1874 ; three-fifths being present. TJie People of the State of New Tot'k, represe7ited in Senate and Assembly, do etuuit as foUows-: Section 1. Section one of " An act entitled an act to incorporate the village of Green Island, and for other purposes," passed May twelfth, eu^hteen hundred and sixty-nine, is hereby amended so as to read as follows : ^ 1. A.11 that part of the town of Watervliet, in the county of Albany, coi-porate which is contained within the following boundaries, namely : Beginning li^ni^- at a i)oint in the southerly shore of the second branch of the Mohawk river, and at the southerly end of the Rensselear and Saratoga railroad bridge crossing said branch, and runs from said point south forty-nine degrees and fifteen minutes west, twelve hundred feet ; thence south seventy-six degrees forty-five minutes west, four hundred and forty feet ; thence north forty-five degrees forty-five minutes west, two hun- dred and eighty-five feet ; thence north sixty-four degrees forty-five minutes west, six hundred and sixty feet ; thence south forty-nine degrees fifteen minutes west, six hundred and ten feet ; thence south fourteen degrees forty-five minutes west, three hundred and thirty-five feet ; thence south five degrees fifteen minutes east, four hundred and five feet ; thence south nineteen degrees fifteen minutes west, six hun- dred and thirty-five feet ; thence south twenty-eight degrees west, eleven hundred and ten feet ; thence south four degrees east, fourteen hundred and forty feet ; thence south eighteen degrees east, six hun- dred and fifty-five feet ; thence south thirty-five degrees thirty minutes east, seven hundred and thirty feet ; thence south six degrees west, eight hundred and twenty-five feet ; thence south thirty-eight degrees west, seven hundred feet ; thence south sixty-seven degrees tnirty minutes west, five hundred and seventy-five feet ; thence south thirty degrees west, four hundred and thirty feet ; thence south seven degrees fifteen minutes west, six hundred and ninety feet ; thence south fifteen degrees thirty minutes east, ten hundred and sixty feet to the north side of the State pier ; thence south thirty degrees thirty minutes west, five hundred feet to angle of pier ; thence north sixty-six degrees thirty minutes west, thirty feet ; thence north forty-two degrees west, one hundred and ninety feet; thence south forty-eight degrees west, forty feet across north end of pier ; thence south forty-two degrees east, two hundred and seventy-five feet ; thence due east to the center of the main channel of the Hudson river and in the division line between the counties of Albany and Rensselaer ; thence northerly up and along said county line to the center of the second branch of the Mohawk river ; thence southwesterly along said center line of said second branch until the place of beginnings bears due north ; thence due north to the place of beginning, shall, hereafter be known and distinguished as " The Vil- lage of Green Island." And the inhabitants residing within the bounds aforesaid, shall hereafter be a body x)olitic and cori)orate, by the name corporate of " The Village of Green Island," and as such may sue and be sued, JJ^era.**^ complain and defend in any court, make and use a common seal, and 766 LAWS OF NEW YORK. [Chap. 565. alter it at pleasure ; and may receive by gift, grant, devise, bequest or purchase, and hold and convey such real and personal estate as the Pnrchase purposes of the corporation may require, but no purchase or sale of any roaTcs-*^^ real estate shall be made by said village unless authorized by a vote of tate. the taxable inhabitants thereof, to be given at an annual or special meeting duly called in the manner hereinafter described. ^ 2. This act shall take effect immediately. Chap. 565. AN ACT to amend an act entitled " An act to reorganize the fire department of the city of Albany," passed March twenty-ninth, eighteen hundred and sixty-seven. Passed May 23, 1814 ; three-fifths being present The People of the State of New Yorky represented in Senate and Assembly, do enact as follows: Section 1. Section four of chapter one hundred and ninety-seven of the laws of eighteen hundred and sixty-seven is hereby amended so as read as follows : Board of \ 4. The Said board of fire commissioners shall have the control and milslo?-" Daanagement of the said fire department, its ofiicers and men ; and shall ere, pow- prescribe the rules for its discipline and government ; and the said doties of board of fire commissioners shall also have the control and management of the public property now x>ertaiiiiug to the fire department of said city, and that shall hereafter pertain to the department created by this act, and shall from time to time, in their sound discretion, add to, acquire, and, subject to the approval of the common council, sell or dis. pose of said proi)erty, both real and personal, as the provisions of this act and the exigencies of the department, not inconsistent with this act, may require ; and shall pay over to the city chamberlain all moneys that may come into their hands, immediately after the receipt of the seioction same. The said board of fire commissioners are also hereby invested Son of^*' ^^ aW discretionary powers necessary to the faithful execution of this bniidings, act, including the proper selection and location of all needful buildings JS?^' and offices, and the complete equipment of the several companies with horses, engines, vehicles and other apparatus, and by a two-third vote of all the members of said board shall prescribe, control and regulate the expenditures of every kind of the department created by this act ; Proviso, provided, nevertheless, anything in this act to the contrary notwith- standing, that in case of any proposed expenditure, not including repairs and supplies, but including the schedule of compensation to be established for the employees of the dex)artment, ana any increase therein, the same shall first be presented by said board to the oommoii council for their approval of the same. If the said common council upon a call of the ayes and noes shall, by a vote of a majority of all the members elected thereto, approve of the same, then it shall be lawful for said board of fire commissioners to incur or contract said expendi- ture, otherwise it shall not be lawful for it to do bo. ^ 2. This act shall take effect immediately. Chap. 567.] NINETY-SEVENTH SESSION. 767 I Chap. 566. AN ACT in relation to the general interpreter of the criminal courts of the county oT New York. Passed May 23, 1814 ; three-fifths being present. The People of the State of Neuo Torky represented in /Senate and AeaenMy^ do enact oa foUotoe : Section 1. The resolutioii passed by the board of supervisors of the Rcsoin- county of New York on the twenty-sixth day of May, eighteen hun- {Joai-d^ of dred and seventy, and approved by the mayor of the city of New York flnpcrvis- on the twenty-seventh day of May, eighteen hundred and seventy, so fjJSci®£*to far as it concerns the general interpreter for the criminal courts of the ^aiao of county of New York, increasing his salary to three thousand five ^"^'*'****^ " hundred dollars per year, is hereby confirmed, ratified and legalized ; and the controller of the dty and county of New York is hereby city required and directed to pay to said interpreter, or his personal or legal f^^S'^y representatives, the said salary, at the said rate for the term unpaid eaiar}-. for. \ 2. All acts or parts of acts inconsistent with this act are hereby repealed. \ 3. This act shall take effect immediately. Chap. 567. AN ACT to provide for grading and macadamizing the highway known as Broadway in the town of Flushing, Queens county, and for keeping the same in repair. Passed May 23, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The commissioners of highways of the town of Flushing commig- and their successors in office are hereby constituted and appointed a aS^f^^ys commission with the following powers and duties and subject to the constitnt- foUowinff provisions. minion?" ^ 2. The said commissioners shall proceed immediately, after the when to passage of this act and its sanction by a majority vote of tie i)eople of SUjrove^ the town of Flushing as hereinafter provided, to alter and improve the grade grade of the highway known as Broadway, being the road late of the wa^^ and Flushing and &yside plank-road company and the North Hempstead g'^jje*™" turnpike company from the intersection of Browne avenue and said same. Broadway, in the village of Flushing, to the eastern boundarv line of the town of Flushing, and to macadamize the same to the width of six- teen feet in the center thereof, and to a mean depth of twelve inches, with good broken hard stone or trap rock ; said macadamizing shall be Macadam- done by contract, and proposals for the same shall be published for at ^ Sfdono^ least two weeks in each newspaper published in said town of Flushing. ^ 3. The said commissioners shall not incur any exx>enses beyond Expenses, fifty thousand dollars for the purpose of grading and macadamizing the JSeswd!*^ said highway. Two-thirds of the expense thereof shall be assessed Ao. upon the property described and being within the limits of the follow- 768 ' LAWS OF NEW YORK. [Chap. 567. ing boundary : Commencing at the southeast comer of school district number one of said town, where it intersects the North Hempstead line, thence westerly along said line to a point intersecting the line of Bchool district number two, thence southwesterly along said line of school district number two an4 continuing in a direct line to a point intersect- ing the Central railroad of Long Island, thence northwesterly along the line of said railroad to a point north of the residence of William Foster, intersecting the Black stump road leading to Jamaica, thence following said rcMtd in a northwesterly direction to the Flushing village line, thence following the said village line to the line of White- stone village, thence along the said line of the village of Whitestone to Little Bayside (so called), thence along the shore of Little Neck bay (excepting Willetts Point, United States property), in an easterly direc- tion and along the easterly and northerly boundary line of the town of Flushing to the place of beginning. The otljer one-third of the expense shall be a charge upon and be collected from the taxable property, real and personal, in said town of Flushing. Report of ^ 4. Said commissioners shall make a report in which shall be stated skmeririts *^^ ^tsA expense of said improvement, including the expense of grading contente. and macadamizing and the fees and incidental expenses connected with said work. Said report shall state the amount which, by the provision of the preceding section, is made a charge upon the said town of Flush- ing, and shall contain a schedule of all the lands within the assessment district hereinbefore fixed, which are assessed for said improvement, and the amount of assessment upon each parcel of said lands. Said Map. report shall be accompanied by a map of said assessment district on which each of said parcels of land shall be designated, and thedeecrip- Report to tions of Said parcels in said report shall refer to sai^ map. ^aid report seiued to ®^*^^ ^ presented to the Supreme Court at any special term thereof supreme held in Kings or Queens county, after notice thereof having been pub- court. lighed for two weeks in each newspaper published in said town of Action of Flushing. On the presentation of said report the court shall hear any thereon, objections thereto on the part of owners of lands assessed, and may con- firm, amend or modify the same as shall appear just. On the confirma- tion of said report the assessments therein contained shall become liens on the parcels of land therein described. Cony to be ^5. Said Commissioners shall file a copy of said report when confirmed coonty i^ ^'^6 office of the clerk of Queens county, and serve a copy thereof on clerk's of- the Supervisor of said town of Flushing, and it shall thereupon become ^*' * the duty of said supervisor to present the same to the board of super- visors of Queens' county at their next annual meeting, and said board Tax. shall thereupon insert in the tax levy of the town of Flushing the amount stated in said report as a charge assessed upon said iovnu Said commissioners shall likewise serve a copy of said report on the receiver Eeceiver of taxes of the town of Flushing, and said receiver shall thereupon couecr*^ proceed to the collection of the amounts assessed upon the various par- same eels of land within said assessment district, in the same manner as by Notice, law provided for the collection of taxes in said town. All the proviaons payment, ^^ ^^^ relating to notices, time of payment, percentages added for «c. * default in payment and the sale of lands for non-payment of taxes in said town, shall be applicable to the assessment provided for in this act Receiver Said receiver shall pay over the amount of said assessments received J^JJ.*to ^y ^i°^ ^ ^^® supervisor of said town, and said supervisor shall pay anpcrvia- over to the commissioners appointed in the first section of this act, the ^'' amount charged on said town, and also all amounts so received torn Chap. 568.] NINETY-SEVENTH SESSION. '769 said receiver, to be diHbursed by said commissioners in payment of the expense incurred in the improvement of said road as aforesaid. ^ 6. The said commission shall, from and after the completion of the coramis- work of grading and macadamizing the said highway, be charged with Jjeop iTigh. the duty of keeping the same in repair, and shall annually in advance way lu re- report to the board of town auditors the amount needed for that pur- ^^' pose, and the amount so required for repairs shall be levied and col- lected in the same manner as for other roads or highways in the town of Flushing. ^ 1. The said commissioners, before entering upon the discharge of the Bond of duties hereby imposed, shall each execute and tile a bond to the town of Soneri! Flushing for the faithful discharge of such duties in the penalty and after the form to be adopted and approved by the supervisor of the town of Flushing. ^ 8. The said commissioners of highways shall receive for all services Their* rendered pursuant to this act the same rate of oomi)ensation that they Sukm!'^ are now entitled to as such commissioners of highways, and no more. ^ 9. The said commissioners shall take no steps in pursuance to the Approval provisions of this act until the same shall be api)roved by a majority of ^f voters, voters of said town, voting at a special or annual town meeting, to be called by the officers of said town and be conducted in all other res- pects as now provided by law for town meetings in said town. The Baiiou. ballots used at such election shall contain the words " In favor of the improvement of Broadway," or "Opposed to the improvement of Broadway." If a majority of the ballots cast at such election shall contain the words " In favor of the improvement of Broadway," the approval aforesaid shall be considered as given. f 10. This act shall take effect immediately. Chap. 568. AN ACT to amend an act entitled " An act to condense and amend the several acts incorporating or relating to the village of Skaneateles," passed April sixteenth, eighteen hundred and fifty-seven. Passed May 23, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate a7id AssenMy, do enact aa foUowa : Section 1. Section one of title four of chapter six hundred and twenty-one of the laws of eighteen hundred and fifty-seven, entitled '^ An act to condense and amend the several acts incorporating or relat- ing to the village of Skaneateles," passed April sixteenth, eighteen hundred and fifty-seven, is hereby amended so as to read as follows : \ 1. The said village is hereby declared a separate road district, and vuiage a exempt from the superintendence of the cx)mmi8sioners of highways roSd^dto- of the town of Skaneateles, except for building and repairing bridges trict. therein, which shall be built and kept in repair by the commissioners Bridges, of highways of the town of Skaneateles ; and the trustees of said village viiiago shall be commissioners of highways for said village for all purposes ^nlmS- except for building and repairing the bridges therein ; and shall pos- sionere of Bess and have all the powers given by any law of tiiis State to the fofyUjagS. commissioners of highways of towns, as far as the same may be appli- cable. And the said trustees for the purpose of improving the streets, 770 LAWS OF NEW YORK. [Chap. 569. Trastees may, from time to time, contract with or appoint an individual to tract^'for' S'lperintend the work and procure the materials directed by said trus- improvioff tees, to be done and procured in such district ; and may compensate streets, g^^j^ individual for his services out of the highway taxes in the treasury, the said trustees having the direction as to the amount to be expended, and the work to be done and the materials to be procured. & 2. Sections two and three of said title four are hereby amended by striking from each of said sections the word ** bridges." § 3. This act shall take effect immediately. Water- works. Service pipes. Notice to owners. City may cause ser- vice pipes to be laid, Ac. Streets, alleys, cross- walks, Ac. Chap. 569. AN ACT to amend the charter of the city of Buffalo. Passed May 23, 1874 ; three-fifths being present. The People of the 8tate of Neto York, represented in Senate and A8se7rMyf do enact aafoUows : Section 1. Section first of title fifteen of an act entitled " An act to revise the charter of the city of Bufl&ilo," passed April twenty-eight, eighteen hundred and seventy, is hereby amended so as to read as follows : ^ 1. The city has power to construct, maintain and regulate water- works to supply the city and its inhabitants with water, and may cause water pipes to be laid in such streets in said dty (payed or unpaved), as shall be deemed necessary and expedient by the common council and the board of water commissioners, and may also cause sendee pipes to be laid from the main pipe in the street to curb stone on each side of any street where such main pipe shall be laid, as often as shall be deemed necessary to supply the demand for water along said street, and may cause such service pipes to be laid before the street is paved by giving notice to the owners of land fronting on the street, to cause such service pipe to be laid, and if, after ten days from the giving of such notice, such owner shall fail to cause such service pipe to be laid, the city may cause such service pipe to be laid, and may cause the assess- ors to assess a sum sufficient to defray the expenses thereof upon the land and prox)erty deemed benefited thereby, and the same shall be collected in the same manner as other local assessments. 2. Section six of title nine is hereby amended to read as follows: 6. It may cause streets and alleys to be opened, leveled, graded, repaired, cleaned and watered, crosswalks, culverts, sewers, drains, receivers, aqueducts, wharves, piers, canals, slips and basins to be con- structed, enlarged, repaired and cleaned ; but no street, alleys or lanes shall be watered or sprinkled unless a majority of the persons resident in the city, whose lands will be liable to be assessed for such expense shall apply for the same. ^ 3. This act shall take effect immediately. Chap. 570.1 NINETY-SEVENTH SESSION. 771 Chap. 570. AN ACT to amend chapter ninety-three of the laws of eighteen hundred and sixty-three, entitled "An act to authorize the making of sidewalks and planting shade trees along highways of this State, other than in cities and incorporated villages," passed April seventh, eigh- teen hundred and sixty-three. Passed May 23, 1874 ; three-fiffcha being present. The People of the State of Neto York, represented in Se7iate and Aasefnbly, do enact as follows : Sbction 1. Section one chapter ninety-three of the laws of eighteen hundred and sixty-three is hereby amended so as to read as follows : ^ 1. All persons owning lands fronting npon anv highway (except in sidewalks cities and incorporated villages) may make and have sidewalks along f^gg****^*^® such land in the highway, ana nmy plant and have shade trees alonf along the road side of such sidewalks ; such sidewalks, with shade trees, shall ^^^K^^'^^y*- not extend more than six feet in width from the outward line of such highway to the line of the center of such shade trees ; provided such highway is not more than three rods wide. In all cases where the highway is more than three rods wide the central line of such shade trees may be extended into the highway, from its outward line, a dis- tance equal to one-fifbh part of the width of such highway ; provided BQch central line shall, in no case, exceed eleven feet from the said outward line of such highway ; and for the protection of such walks Baiimg. or trees they may also construct a railing of one bar, of not more than three and a-half feet in height, with posts and with openings at con- venient distances, so as in nowise to prevent foot passengers from using Buch walks, upon the road side adjacent and within two and a-half feet of such trees, or, if there are no trees, then upon the road side of sudi sidewalks, on the same line on which trees may be planted as herein- above provided. But no trees of the kinds named in chapter three Proviso, hundred and .twenty-two of the laws of eighteen hundred and sixty- nine shall be planted nearer together than is therein provided. ^ 2. Any person or i)erBons driving any team, vehicle, cattle, sheep, injnry to horses or swine, or racing or driving any horse, willfully upon any such J'mftd*?" sidewalk, or who shall cut, mar, injure or destroy any shade tree, shall meauor! be deemed guilty of a misdemeanor, and upon conviction before any justice of the peace or other court having jurisdiction, ux)on complaint of the owner or any other person, shall be fined not exceeding fifty Pnnish- dollars or imprisonment in the county jail not exceeding thirty days, "®°'- or both, for every such offense. ^ 3. This act shall take effect immediately. 772 LAWS OF NEW YORK. [Chap. 571. Chap. 571. AN ACT to amend the charter of the • International Ex- change and Agency Company of New York, incorporated by chapter six hundred and eighty-four of the laws of eighteen hundred and seventy- three. Passed May 25, 1814 The People of the State of Neio York, represefited in /Senate and Assembly y do enact asfoUotos : Corporate SECTION 1. The International Exchange and Agency Company of ch^ged. ^®^ York, incorporated by act passed June ninth, eighteen hundred and seventy-three, shall hereafter be known as "The International Trust Company of New York," and its charter is hereby amended accordingly. Corpomt- ^ 2. The corporators named in said act, or a committee of not less op^n *^ than three of their number, to be designated by a majority of the said books of corporators, may open books of subscription to the capital stock of the Bubscr p- g^^ company on a notice of ten days of the time and place, to be pub- lished in two daily newspapers in the city of New York, and under such regulations as the said committee may prescribe. Company ^ 3. The said company shall have i)ower to loan money on real or money.**^ personal security, but not at a higher rate of interest than seven per When to cent. x>er annum. It may organize and commence its ox)erations within organize. Qjjg jq^j, f^Q^^ ^^q passage of this act, and whenever two hundred and fifty thousand dollars of its capital stock shall hav.e been subscribed for and paid in, in cash. A majority of the corporators named in the charter shall have power to do all acts proper or necessary for carrpng out and completing the organization of the company. The whole of the capital stock of said company shall be paid up within four years from the date of the organization of said company. & 4. The sixth section of said act is liereby amended so as to read as follows : indivMa- ^ 6. The stockholders of said company shall be individually liable to of Btock-'^ the creditiors thereof, after exhausting the property of the company, holders, to an amount equal to the stock held by them respectively, for all debts Execatora, and contracts of said company ; but no person holding stoctk therein as 2abie*!^^ executor, administrator, guardian or trustee, and no person holding such stock as collateral security, shall be personally liable as a stock- holder in said company, but the estate and funds in the hands of such executor, administrator, guardian or trustee shall be liable in like man- ner and to the same extent as the testator or intestate or the ward or person interested in such trust ftind would have been, if living and competent to act and hold the stock in his own name, and the person pledging such stock shall be deemed the stockholder and liable under this section. ^ 5. This act shall take effect immediately. Chap. 572.] NINETY-SEVENTH SESSION. 773 Chap. 573. AN ACT to amend an act entitled " An act to provide for the improvement of the Coney Island plank-road, as recently widened, passed May three, eighteen hundred and seventy-two." Passed May 25, 1874 ; three-fifths being present. The People of the State of Netv York, represented in Senate and Assembly y do enact asfoUotos: Section 1. Section one of the act entitled " An act to provide for the improvement of the Coney Island plank-road, as recently widened, passed May three, eighteen hundred and seventy-two," is hereby amen- ded so as to read as follows : ^ 1. The Brooklyn park commissioners are hereby authorized to grade, Park com- gravel, curb and gutter that i)ortion of the Coney Island plank-r^d as Say***"*" recently widened, lying between the circle at the southwesterly angle grude,Ac., of Prospect park and Chun^h lane, and said Church lane from said road 8onoy to Ocean parkway, according to a plan to be devised and adopted by SJSfjjl them. All expenses incident to said improvements, after having been road, duly certified by the said park commissioners, to the commissioners of Expenses, estimate and assessment, appointed as hereinafter directed, shall be by s^a! them apportioned and assessed upon the property in their judgment beuefitea thereby, within a district of assessment to be fixed by the said park commissioners, but no district of assessment shall extend beyond the termini of the improvements provided for in this act, and the assessments specified in their report, when filed in the ofiice of the derk of the county of Kings, and duly confirmed by an order of the Supreme Court, at special term, upon an application therefor, of which ten days' notice shall have been given, in two newspapers printed in the city of Brooklyn, shall constitute liens upon the several parcels of Liens, lands and premises, upon which they shall have been laid, and shall be collected in the manner hereinafter directed. The said park com- missioners may also contract in writing, for the making of the said improvement, and may from time to time, as the work progresses, issue Certifi. to the contractors in the name and upon the authority of the said com- fndebted- missioners, certificates of indebtedness bearing interest to the extent of neas. eighty per cent, of the work completed by said contractors, payable out of the assessments therefor when collected. The Supreme Court in the commfs- second judicial district, at a special term thereof, shall, upon appli- Jg^fmato ^ cation of said park commissioners, on notice of ten days, to be published and a«- in two papers in the city of Brooklyn, appoint three commissioners of h^wap?** estimate and assessment, who shall be residents of the town of Flat- JJ,^"^®^» bush, who shall have the powers and perform the duties of the com- missioners of estimate and assessment, who acted in estimating the damages incident to the widening and opening of the said road. All Collection the provisions of chapter seven hundred and seventy-one, of the laws me'Sts.** of eighteen hundred and seventy-three, so far as the same relates to the collection of the assessments herein provided for, and the sale for the non-payment of the same, and the lien thereof shall apply to and become part of this act, except that no fees for collecting shall hie Fees, charged against any property belonging to the city of Brooklyn, or to the county of Kings. ^ 2. This act shall take effect inunediately. 774 LAWS OF NEW YORK. [Chap. 574. Ohap 573. AN ACT to amend an act entitled " An act to provide for the improvement of Park avenue, from Clinton avenue to Broadway, in the city of Brooklyn, and to repeal an act heretofore passed for the improvement of Park avenue, from Clinton avenue to Broadway, and from Hudson avenue to Bridge street, in the city of Brook- lyn," passed June twenty-eight, eighteen hundred and seventy-three. Passed May 25, 1814; three-fifths being present. TJie PeopU of the State of New Tork^ represented in Senate and Ass&tnhly^ do enact asfoUoios : Section 1. The first section of the act entitled " An act to provide for the improvement of Park avenue, from Clinton avenue to Broadway, in the city of Brooklyn, and to repeal an act heretofore passed for the improvement of Park avenue, from Clinton avenue to Broadway, and from Hudson avenue to Bridge street, in the city of Brooklyn," passed June twenty-eight, eighteen hundred and seventy-three, is hereby Expenses amended by adding thereto the words following ; But all expenses ftndsQr? heretofore incurred for the making of maps or surveys for the purpose veys. of carrying out the improvement authorized by the act hereby repealed, shall be charged in and made a part of the expense of opening Park avenue as provided in this act, and shall be collected and jwid by the said city in the same manner as though incurred in carrying out the improvement in this act authorized. Ohap. 574. AN ACT authorizing the Brooklyn Cross-Town Railroad Company to extend its tracks through certain streets in the city of Brooklyn. Passed May 25, 1874* The People of the State of New Tork^ represented in Senate and Assembly y do enxxct as follows : Extension SECTION 1. The Brooklyn Cross-Town IBailroad Company is hereby thorSed**" authorized to lay, construct and operate an extension of ite road from Atlantic avenue through and along Columbia street, with double tracks, to Brooklyn basin ; also from the junction of Columbia with WoodhuU street, through Woodhull street to Richards street, through and along Richards street to Elizabeth street, with the necessary curves, tum-oate and switches for the proper and convenient working and oi)eration of said extension. ^ 2. The said company shall keep the tracks and three feet each side Fare. thereof in repair, and may charge the same fore for the conveyance of passengers over the route hereby extended as it is now authorized to * Certified by the presiding officer of the Assembly, as having passed the Awembly, " tbree- flAhs being present. Chap. 576.] NINETY-SEVENTH SESSION. 775 charge but shall not be alloived to charge any greater fare for its entire route because of the extension hereby granted. ^ 3. In the construction or use of this extension of its tracks, should iTse, Ac, said company deem it necessary or proi)er to run upon, along and over, ?aiirSJ5 or intersect or use any portion of any other railroad tracks now laid tracks, upon said street, it is hereby authorized to do so, and in case it cannot agree with the owner or owners thereof, respecting the compensation to Compen. be paid for the use thereof, the amount of such compensation shall be therefor, ascertained and determined in the manner provided by subdivision six of twenty-eighth section of the act entitled " An act to authorize the formation of railroad corporations and to regulate the same, passed April second, eighteen hundred, and fifty. ^ 4. This act i^ll take effect when the city of Brooklyn, through its common council, shall give ii» consent to the use of the streets herein named for the purposes mentioned. Cliap. 575. AN ACT in relation to the Brooklyn, Winfield and New- town Railway Company. Passed May 25, 1814. The People of the 8tate of New York, represented in Senate and Asse^nblyy do enact asfoUotcs : Section 1. The time within which the Brooklyn, Winfield and New- town Railway Company is required by law to finish its road and put it in operation, is hereby extended for three years, from and after the passage of this act. ^ 2. This act shall take effect immediately. Chap. 576. AN ACT in relation to Second avenue in the town of New Utrecht. Passed May 25, 1874.* TJie People of the 8tate of New York^ represented in Senate and Assembly y do enact a^ follows : Section 1. Second avenue, in the town of New Utrecht, shall terminate Tennina. at its intersection with Marine avenue, so called, as said last-mentioned g^cond avenue is laid down, or proposed to be laid down on the map of the avenno. town survey commission of Kings county. ^ 2. All the jyrovisions of law relative to the opening or grading of opening said Second avenue from Van Brunt's lane to the bay shall apply to f^^ ^^' that portion of said avenue between the said lane and the said place of termination herein provided for. \ 3. This act shall take effect immediately. * Certified by the presiding officer of the Senate as having paaaod the Senate, " three-llfthB b«lng present." 776 LAWS OF NEW YORK. [Chap. 577. Chap. 577. AN ACT to confirm, reduce and levy a certain assessment in the city of Brooklyn. Passed May 25, 1814 ; three-fifths being present The People of the State of New Tork^ represented in Setiate and Assembly^ do enaet asfolloms: Assess- Section 1. Two-thirds and no more of the costs and expenses of the ducmiJAc. improvement known as the repairing of Court street from Atlantic street to Joralamon street, in the city of Brooklyn, is hereby made a ]ien and assessment on the lands and premises included in the district of assessment heretofore fixed for such improvement, and two-thirds of such cost and expense, and no more, is hereby levied on the several pieces of land and premises in said district, in the same projwrtions in which the whole thereof would be by law assessed ana apportioned thereon if this act were not passed, as a tax to be collected and apphed by said city for the uses and purposes pertaining thereto, and in the A pai-t manner hereinafter provided, and one-third of the cost and expense of maSe^a ^^^ improvement shall be a general city charge, and tlie lands and prcncrai premises included within said district shall not be charged therewith', charge. l>ut shall be and are hereby discharged and freed &om all and every lien or assessment and all liability to be assessed for such oue-third. Former \ 2. The proceedings heretofore had for the purpose of levying, lay- fnm coil. ^^ ^' apportioning said sum hereinbefore mentioned ux)on the lands flrmodin belonging and premises situated in said district of assessment are ^^^ hereby confirmed and made legal and valid as to only two-thirdfi of said sum, and as to the remaining one-third of such sum such proceed, ings shall be deemed of no force and effect, and said pieces or parcels of land in said district of assessment and the owners thereof are, as to such one-third, discharged and freed from such assessment and from all liability to be assessed therefor. Dnty of \ 3. The board of assessors of said city shall forthwith proceed to awessora. ^Ppo^o^ s,nd Confirm such assessment ux)on the principle herein stated and prescribed, reducing the assessment upon the several pieces or parcels of land within said district of assessment by one-third from the amount which would be assessed thereon but for the passage of this act, wiien as- and in such manner that twenty per cent, of the amount assessed on to'become ^^^ parcel shall be due and payable within thirty days from the pas- dne. sage of this act ; twenty per cent, thereof on the &pst day of June, one thousand eight hundred and seventy-five, together with interest on the amount of said assessment remaining unpaid ; twenty per cent, on the first day of June, one thousand eight hundred and seventy-six, together with interest as aforesaid ; twenty per cent, on the first day of June, eighteen hundred and seventy-seven, together with interest as afore- said ; and the remainder of said assessment, with interest, on the first To be con- day of June, eighteen hundred and seventy-eight; and such assessment comnion^ SO to be laid and confirmed shall be confinned by the common coundl, conncii, and such reduced sums or assessments shall thereupon become due and *^* payable, and the collector of taxes and assessments shall proceed to collect the same in the same manner as collections of assessment are now made by law. Tax to \ 4. For the purpose of meeting the deficiency to arise in said original Soiency * assessmeuts, by reason of the city assuming the payment of one-third Chap. 578.] NINETY-SEVENTH SESSION. 777 thereof, there shall be levied and assessed in the annual taxes of said city, annually, for five years immediately hereafter, an amount equal to one-fifth of such deficiency with interest thereon, which annual amount shall be in addition to all other amounts limited by law to be raised by tax annually for city and county purposes. ^ 5. This act shall take effect imm^ately. Chap. 578. AN ACT to authorize the city of Poughkeiepsie to pay certain deficiencies and liabilities, and to issue bonds for that purpose. Passed May 25, 1814 ; three-fifths being present. Tfie People of the State of New York^ represented in Senate and Assembly y do enact as follows : Sbction 1. It shall be lawful for the common council of the city of ciiy an- Poughkeepsie to borrow on the credit of said city the sum of eighty- to"boi?o\r three thousand dollars, to pay the deficiency in the contingent fund money, of said city, amounting to fifty-three thousand dollars, and the defi- Objects. ciency in the " maintenance fund " created by the board of water com- missioners of said city, amounting to the sum of twenty thousand dollars. And the estimated deficiencies in the highway fund for moneys required for new bridges and for repairs to other bridges, amounting to five thousand dollars, and the estimated deficiency in maintaining the water- works, water pix)es and sewers for the current year, amounting to five thousand dollars. \ 2. The common council of said dty are hereby authorized to igpue Bonds, bonds not to be sold for less than par, for said sum of eighty-three cnte/^c thousand dollars, in the name and under the seal of said city, to be fligned by the mayor and chamberlain thereof, in such amounts, at such rates of interest (not exceeding the rate fixed by law), and payable at such times as said common council shall direct. The moneys thus Proceeds, borrowed and the proceeds of all bonds issued by virtue of the author- pded^P" ity of this act shall be applied to the x>&yment of the deficiencies and liabilities mentioned in the first section of this act, and to no other purpose. \ 3. Due provision by tax shall be made in each year, by the said Tax to pa common council, for the payment of the principal and interest falling *^**°'^®- due on said bonds as the same shall become due or matiu*e, and such principal and interest shall be assessed, levied and collected in the same manner as any other general tax or assessment of said city, and at the time of t^he annual collection of taxes in said city. \ 4. This act shall take effect immediately. 50 ' 778 LAWS OF NEW YORK. [Chap. 579. Chap. 579. AN ACT requiring the commissioners appointed by the county judge of Madison county, under the act to aid the construction of the New Tork and Oswego Midland Railroad, for the purpose of bonding the village of Oneida, in said county, in aid of said railroad, to pay over the balance of money in their hands to the treas- urer of said village, for the redemption of certain bonds of said village. Passed May 25, 1814 ; three-fifths being preseut . The People of the State of New York^ repi'esented in Senate ami Aaaeinbly, do e7iaet a^foUows : C"nimi8^ Section 1. It shall be the duty of the commissioners appointed by pay o™er the county jud^e of Madison county, for the purpose of bonding the truainifr ^^1^*8® ^f Onexda, in Madison county, to raise money f-o aid in the ' cona^uction of the New York and Oswego Midland Railroad, to pay over to the treasurer of said village, within thirty days after the paasage of this act, the unexpended balance, with the accrued interest thereon, now in their hands. Treaa- ^ 2. It shall be the duty of the treasurer of the village of Oneida, in !!li^nd' ^ the county of Madison, to demand of the commissionerB mentioned in sAine. the first section of this act the payment of the unexpended balance, with the accrued interest thereon, now in their hands U> him. If pay- ^ 3. If the conunissioners mentioned in the first section of this act neglected Shall neglect or refuse, after a demand shall have been made by the vuiiSe^^ treasitter of said village, and after the thirty days shall have expired trnstees after the passage of this act, to pay over the said unexpended balance, therefor, ^th the accTued interest thereon, it shall be the duty of the board of trustees of the village of Oneida to sue the said commissioners men- tioned in the first section of this act in any court of competent jurisdic- tion, for the recovery of said sum of money, in the corporate name of When tax. said village of Oneida. But in case the said board of trustees of said nSy^wie. village shall neglect, for thirty days after the time shall have expired, as mentioped in this section, in which the said commissioners should have i)aid over to the treasurer of said villa^, to sue for the same, as is provided in this section, on being requested so to do by five citizens and tax-payers of said village, then and in that case the said five citizens and tax-payers shall &rve power to sue the said commissioners, in the corporate name of said village, for the recovery of said sum of money, the same as the said board of trustees are hereby required to do. Treasurer ^ 4 It shall be the duty of the treasurer of said village of Oneida, SiM^or after he shall have received the said sum of money mentioned in the g»y^^ first section of this act, to expend the same in the purchase or payment of the bonds of said village, and for no other purpose, and at a price inrest- not exceeding the par value thereof. But in case the said treasurer '°^°*' shall be unable so to purchase enough of said village bonds to exhaust said sum of money, it shall be his auty to invest any balance he may have left in the bonds of the United States, and to hold the same for the purpose of redeeming said village bonds when they shall he presented, and for no other purpose. ^ 5. This act shall take effect immediately. Chap. 581.] NINETY-SEVENTII SESSION. 779 Chap. 580. AN ACT to provide for the payment of certain money by the supervisor of the town of New Utrecht to the com- misioners for grading Bay Ridge avenue in said town, and for the liquidation of a portion of the assessment due upon certain lands and premises of Charles Meyers on said avenue. Passed May 25, 1814 ; three-fifths being present. The People of the State of Neto York, represefited in Senate and Asse^nbly^ do enact as follows : Section 1. The supervisor of the town of New Utrecht is hereby snper- authorized and directed to pay over to the commiBsionera for grading pny over Bay Ridge avenue in said town, appointed by chapter two hundred t«. com- and thirty-nine of the laws of eighteen hundred and seventy-two, the corta?ii**'^ Bum of two hundred and eighty-three dollars and thirty-four cents, 'no»jey8« received by him on account of the default and interest upon the unpaid asseasmiuts for opening said avenue, and not otherwise appropriated, and the said commissioners shall thereupon be authorized and empow- commis- ered to pay to the Treasurer of this State such sum as in their judg- p^" ®" ^® ment shall seem just and proper, in part payment of the assessments state heretofore laid upon a certain x)arcel of land of Charles Meyers, situate U're"!" on the southerly side of said avenue, for the opening and grading of said avenue, provided that the said Charles Meyers snail, at the same time, x)ay or cause to be paid to the said treasurer, the balance of the said assessments remaining due on the same parce} of land, together with the default and interest in full to the time of such payment. ^ 2. This act shall take effect immediately. Chap. 581. AN ACT in relation to the town survey commissioners of Kings county, and for the preservation of the maps and monuments prepared and established by them. Passed May 25, 1814 ; three-fifths being present. The People of the State of New York^ represented in Senate and Assefnblj/f do enact as foUows : Sbction 1. The commissioners to lay out a plan for roads and streets Mans to in the town of Kings county, apixnnted in pui-suance of chapter six oSiccTof "^ hundred and seventy of the laws of eighteen hundred and sixty-nine, secretary shall, on or before the first day of Pfovember next, file the map or SmVre^ maps referred to in the fourth section of said chapter, and in the acts g»je»' o^ amendatory thereof, signed by a majority of said commissioners, in tiie coSSy. office of the Secretary of State, and also in the ofiice of the register of the county of Kings, instead of the clerk of said ^county as in said acts provided. Said map or maps may be made in distinct and separate contents parts, and shall designate the location of all monuments established by "»ere«f- them, the width of streets and avenues, the width and location of car- riage-ways, sidewalks, stoops and court yards for said streets and ave- 780 LAWS OF NEW YORK. [Chap. 581. town clork's offlce. To bo re- nuea, the width and length of blocks, the location and dimendons of the bulkhead, pier and basin lines, referred to in section three of chap* ter three hundred and thirty-one of the laws of eighteen hundred and seventy-two, aiid shall also contain the farm and lot lines, as laid down on the original drafts in the hands of the surveyor of said commission, ers, with the buildings thereon, which lines shall be considered only as an approximation to the correct boundary lines of said farms and lots. Copies to They shall also at the same time file in the office of the clerk of each of be filed in ^^j^ several towns, a complete copy, signed as aforesaid, of that por- tion of said maps referring to the territory comprised within the limits of the town in which the same is so filed, including in each instance so much of the adjoining towns in said county as jomy be necessary to in- dicate the several points of connection therewith ; and the same shall be considered and treated as the original map or maps, in like mann^ with those filed* in the office of the said register. § 2. In case of the subsequent loss, destruction, mutilation or injury new^ ^'^ of such maps so filed in the offices of the register and the town clerks, copies in or of any of them, or any part thereof, the same shall thereafter, from rantiia. time to time, be replaced by new copies, or made good, under the di- tion,*o. rection of the said register or town clerk, who may be in charge there- of, and at the expense of the town or towns to which said map or por- New tion of map so affected refers. When such new copies shall have fen be^oert? made, the same shall be certified to be true copies of the originals by fled. the register or town clerk, according as the same shall have been taken and copied from the oriffinals on file in the office of the register or town clerk, and such copies shall thereupon have the validity of, and shall, for all intents and purposes, be deemed to be such originals. § 3. The said commissioners shall not be authorized to expend any moneys, or incur any indebtedness, beyond the amount appropriated prior to the passage of this act for the exi)enses of said commission, exceeding such sum as the board of sux)ervisors shall determine, which sum shall be included in the annual taxes next hereafter levied upon said towns of Kings county. It shall therefore be the duty of the said commissioners, on or before the thirty-first day of March, eighteen hun- to*^™M * ^^^ *^^ seventy-five, to render to the said board of supervisors a de- of snper- tailed statement of all their receipts and disbursements since the date of their appointment, together with vouchers for all sums paid out by them. The powers and duties heretofore devolved upon said commissioners by said act, and the several acts amendatory thereof, or supplemental thereto, and upon any and every person employed by them, shall ex- cept as in this section otherwise provided, terminate and cease on the first day of November, eighteen hundred and seventy-four. § 4. It shall be the duty of owners and occupants of property in the said towns to protect the monuments established and located on their premises by said commissioners, and not to disturb or remove the same, except as hereinafter provided. Any person offending against the pro- visions of this section shall be deemed guilty of a misdemeanor, and, on conviction thereof, liable to imprisonment for a term not exceeding thirty days, or to a fine not exceeding one hundred dollars, or both, in the discretion of the court, for each and every offense; and such per- sons shall also, for each offense, forfeit the sum of twenty-five dollars, which may be sued for^by the supervisors of the town, in the name of the town, either before or after such conviction as aforesaid, and, when collected, shall be paid over to the said supervisor, to be expended by him in resetting any of the monuments, or for the payment of other town charges i?rtuch shall have been duly audited according to law. Expendi' tare, in- debted- ness and taxes. Commis- sioners to render Yisors. When Sowers, ;c., of comrais- aioners to cease. Protec- tion of mona- ments. Chap. 583.] NINETY^EVENTH SESSION. 781 \ 5. In case the temporary removal or le-location of any such monu- Bemoyai meat shall become neoeBsary for private or public improvement^ or J^qJ^^^^®** odierwiee, due notice shall be given to the supervisor of the town in mona- whkh the same is located, whose formal consent, in writing, shall be '°^"^' fiiBt obtained. Such removal or re-location shall be performed under the siiperviHion of a competent surveyor, to be designated by the said fluperFiflor, and a record of the same shall be made and signed by said fluveyor and supervisor, and filed in the office of the town clerk. 4 6. Each of the said supervisors is hereby intrusted with the care snpor- %m supervision of said monuments in his town, and he shall see that hav^care the same are maintained and replaced from time to time, as may be otmonn- necessary, at the expense of the town, except when the removal thereof "*''"^- Ahall have been made for any public or private improvement, in which ease the expense of such re-location shall be paid by the party at whose instance such removal was effected. And all such monuments as shall Monn- bftve been purchased by said commissioners, and deposited in any of p^p^rtj add towns, but not actually used by them prior to the completion of of town, their labors, shall be considered the property of the town in which so ' deposited and be in charge of the supervisor thereof, and be subject to BQch disposition as the voters of said town may, by resolution in regu. kr annual town meeting assembled, at any time determine. \ 1, This act shall take effect immediately. Chap. 582. AN ACT to authorize the Bushwick Railroad Company to extend their tracks. Passed May 25, 1814 The People of the State of New York, represented in Senate and Assembly^ do enact as follows : Section 1. The Bushwick Railroad Company of the dty of Brooklyn Extension is hereby authorized to extend its tracks from their present terminus 2athor°*** on Myrtle avenue, in the city of Brooklyn, through and along said i*«d. Myrtle avenue to the village of Glendale, in the county of Queens, with the necessary switches, sidings and turnouts, and to operate their cars upon the same. ^ 2. This act shall take effect immediately. Chap. 583. AN ACT to lay out and improve a public highway or ave- nue and concourse in continuation of a public highway or avenue heretofore laid out from Prospect park, in the city of Brooklyn, toward Coney Island, in the county of Kings. Passed May 25, 1814 ; three-fifths being present Z%6 People of tTie State of New Tork^ represented in Senate and Assembly, do enact as foliates : Sbction 1. The Brooklyn park commissioners are hereby authorized ^«n««» and directed to lay out and improve a public highway or avenue, not ^^Im!^^ 782 LAWS OF NEW YORK. [Chap. 583 sionera to lay oat aiid im- prove. Roate. Road to bo laid ont. Koate. Con- conrse or shore road. Snrvey, Ac. Location of baUd- ingson aTouae. Grading, Ac. Districts ment, com mis- sioners to Asaess- mentto defray expenses. Notice. Commis- sioners of ^stimato, < more than two hundred and ten feet wide, excluBLve of the court yards hereinafter provided for, commencing on the northerly side of the Kings highway, so called, at the point of termination of the puhlic highway or avenue from Prospect paik in the city of Brooklyn toward Coney Island in the county of Kings, as the same is laid out pursuuit to the provisions of chapter eight hundred and sixty^ne of the laws of eighteen hundred and sixty nine, and the several acts amending the same, running thence in a general southerly direction through the town of Gravesend, and on and across Coney Island to the Atlantic ocean. They shall also lay out a road or highway one hundred feet wide through and along the northerly and easterly side of the lands of the Prosx)ect Park Fair Grounds Association, and the lands adjoining the same on the north and east, commencing where the said proposed road will intersect the said ocean parkway, at the northerly side of lands of said association, and terminating at the said continuation of the said ocean parkway on the southerly side of said lands. They shall also lay out and open and improve such concourse or shore road at the southerly terminus of said highway hereby extended, as in their judgment shall be wise and prox)ery not exceeding three thousand feet in length on each side along the beach, and five hundred feet in width, exclusive of such accretions or additions which may to caused by the action of the elements or otherwise, on the southerly side thereof, which accretions, if any, shall attach thereto and be under the same control and care of the &ooklyn park commissioners as the eiud concourse or shore road shall or may be. And for this purpose they may enter upon any lands that may be necessary, and cause a proper survey and map of the said avenue, as well as of ,the district of assess- ment therefor, to be made. § 2. No buildings or other erections, except porches, piazzas, fences, fountains and statuary shall remain or be at any time placed upcMi the said avenue within thirty feet from the outside lines thereof, which space, on each side of the said avenue and in addition thereto, shall be used for the court yards only, and may be planted with trees and shrubbery, and otherwise ornamented, at the discretion of the respec- tive owners or occupants thereof ; but such use and ornamentation shall be under the direction of the said park commissioners. ^ 3. The said commissioners are hereby also directed to grade and otnerMdse improve said concourse, lateral, branch or shore road at the ocean beach, the said one hundred feet road and also so much of the said avenue as lies south of the lands of the* said association, and also so much of said avenue as lies between the present termination of Ocean park-way and the point where said one hundred feet road com- mences, and in order to determine the amount to be paid to the owners of the lands and tenements required to be taken for the purposes of this act and for .the improvement thereof, the said commissioners shall first fix a district of assessment for the opening and improvement of ^ said continued i>ark-way, and another dis&ict of assessment for the opening and improvement of said one hundred feet road, within which several districts the property to be benefited shall be assessed to defray the expenses of such several takings as well as of the improve- ment thereof. Notice of the time and place of fixing the said districts, and of hearing the parties interested therein, shaU be published for ten days successively in at least two daily newspapers printed and published in the county of Kings. ^ 4. After fixing the said districts of assessment the said oommis- siouers shall apply to the Supreme Court,. at a special term to be held Chap.583.] MNETYSEVENTH SESSION. 783 in the second judidal dlBtrict^ upon a similar notice, for the appoint- appoint- ment of three commissioners, who shall be freeholders and residents *"**"' ^^'• of the aaid county, to estimat,e the value of the lands and premises feqnired to be taken for the purposes of this act, and the damages to be tfostained by any person interested therein, as well by the taking of the kiid as by the creation of the restriction or easement thereon, specified in the second section of this act, or for the relinquishment of any ease- ment now existing thereon or attaching thereto, together with the expenses of said opening and of the improvement thereof ; and also to apportion and assess the same, both for taking and improving, in such manner as they shall deem just and equitable, upon the property to be benefited within the districts of assessment so to be fixed by the said park commisstoners, and the said court, at special term, shall tbereapon proceed to make such appointment. In case of the death vacancy, or refusal to act or other disability of the commissioners so to be **<*wmied. appointed, or either of them, at any time before the several objects of their appointment shall have been accomplished, the said court, at Qiedal term, may fill the vacancy. ^ 5. The oommissioners so to be appointed by the court, after having Estimates been duly sworn faithfully to perform the duties hereby devolved JS^.*** upon them, shall proceed to make the estimates and assessments meuts, referred to in the last preceding sections of this act And in la3ring made, the assessment for improvement, the expense of improving the said one hundred feet road shall be charged upon the lands of the said Prospect Park Fair Grounds Association. Each of the said rex)ortB Beporu to shall at all times, before confirmation, be subject to review and correc- to reviiw! tion, and ten days' notice of the time and place of hearing objections thereto, and of reviewing and correcting the same, shall be published Id the newspa{)er8 above referred to. After hearin^p such objections, and making the corrections if any be required, the said reports shall be delivered to the said park commissioners. ^ 6. Upon receiving the said reports, or either of them, the said -psak Apuiica. oommissioners shall give ten days' notice in the said newspapers, that coni^a- application will be made to the said court, at a special term, at a time tiou of and piaoe to be therein designated, to have the same confirmed. Ap- ^^'^' peals may be taken from said rex>ort8, or any of them, by giving written Appeal, Botice to the attorney of the said commissioners, at least six days before ^^^ the time fixed for the application to confirm the same, with a sx)ecifi- caUon of the nature of the objections ; and the court shall have xx)wer to confijrm, amend or refer back the said reports, or either of them, as it may deem proper, and to make any further order in the premises, QOtil the final confirmation thereof. § 1. After the reports of estimate and assessment for taking and TiUo, opening the said avenue and one hundred feet road, and said concourse ^,anVe8t or lateral branch or shore road at the ocean beach, shall have been in tbe confirmed, the title to the concourse or lateral beach or shore road shall ®*^°"*^* Test in the county of Kings in fee-simple absolute, and said rex)orts. Reports together with the maps hereinbefore referred to, shall be filed in the ^ be'afed. offioe of the clerk of the county of Eangs, and the said park coqimis- sioners shall be thereupon authorized to improve the said avenue and cme hundred feet road, and said concourse, lateral branch or shore road at the ocean beach, according to a plan to be devised or adopted by them ; and for that purpose they may cause the same to be graded, paved, curbed, guttered and bridged, and shade trees planted thereon, &'Qd may lay out and construct such carriage-ways, sidewalks and areas, with such terraces, drives or concourses on the ocean beach as they may 784: LAWS OF NEW TOEK. [Chap. 583. deem expedient, and such improvements may be made in sections and from time to time, if thev shall so elect. Ejqponses. ^ 8. All expenses incident to such imjirovements, or either or any of them, after having been duly (^rtiiied by the said park commissioners to the said commissioners of estimate and assessment, shall be by them apportioned and assessed upon the property in their judgment bene- fited thereby within the several districts of assessment so to be fixed by the said park commissioners. The expanse of constructing the drive and concourse on the ocean beach, as well as of such bridges as may be required for such park-way, not exceeding the sum of fifteen thousand dollars, shall be a charge on the county of Kings, and of the expense of constructing the said park-way south of a x>oint which is distant fifteen hundred feet southerly from the neck road, so called, not exceeding one-half shall be charged and assessed against the property in the judgment of the commissioners benefited by said improvement, and so much thereof as shall be charged and assessed against the coimty of Kings either for the opening or improvement thereof, the supervisors of the said county are nereby directed to raise by tax, upon the requisition of the park commissioners, and the county treasurer to pay the proceeds thereof to the i)ersons entitled to receive the same upon like requisition. And the reports of the commissioners * of assessment shall be subject to objection and appeal and to confirma- tion, in the same manner as their said former assessment reports ; bnt the expenses of no portion of said park-way shall be a charge upon the county of Kings. Assess- ^ 9. All assessments made and confirmed in pursuance of this act made'and ^^^^^ ^ MeuA upon the lands and premises upon which they shall have to beirSs ^^®^ *^^' ^^^ ®"^^ lands and premise^ shall be subject to be sold for Ac.^ ens, ^^^ assessments referred to in the fifth and sixth sections of this act, if such assessments are not paid within ninety days after the confirma- FxiBting: tion thereof. The present existing provisions of law, applicable to of?ftw **"* sales for taxes and assessments in the city of Brooklyn, to redemptions applied, and leases therefor, and to the respective rightsof the parties interested therein, including the rate of interest to be paid by the parties in default, shall apply to all assessments to be laid under this act, when- Dnties of ever they are not inconsistent therewith. And when any duties are, mlSon-*" ^y ^^ laws, imxK)sed ujwn the common council of said dty, they shall ers. devolve upon the said park commissioners ; and where imposed upon subordinate officers of the city, they shall be x)6rformed by persons to be specially appointed by the said park commissioners. Coiieotors ^ 10. The said -park commissioners may appoint one or mote col- pohuef. lectors of all assessments to be laid under this act, who shall severally give bonds for the faithful performance of their duties, and for the prompt payment of all the moneys to be collected by them. The Compen- collector of any assessment shall be entitled to receive a compensation leotoref **^ of one per cent, on all moneys paid to him within two weeks after he shall have published notice in said newspapers twice a week for fonr weeks of the time and place where he will attend to receive payment After the expiration of six weeks from the first publication of the said notice, the collector shall be entitled to three per cent, on all moneys thereafter to be collected by him, and in either case his com- pensation shall be paid by the pB^j assessed, over and above his Lien. assessment and as x)art. thereof, and the lien of the assessment shall extend to such compensation, except that no fees shall be allowed for the collection of the amount assessed against the county of Kings. In case any assessment shall remain unpaid after the expiration of the time Chap. 583.] NINETY-SEVENTH SESSION. 785 above specified, the collector shall proceed to sell at public auction for saie, the lowest term of years for which any person will take the same and b^w'hom^ pay the amount so remaining unpaid, with interest from the time of the made, oonfirmation of the assessment report, together with two per cent, for collector's fees, and three dollars on eadi parcel in addition for the expenses of advertising and sale, and said collector first giving thirty Notice daysj' notice of the time and place of sale, by publishing the same in ^^^^reof. two daily newspapers printed in the county of Kings twice a week for three weeka Upon a sale being made the said collector shall give Certui. certificates of sale to purchasers and shall also execute and deliver con- ^a/e and veyances of the lands so purchased, unless the same shall have been couvey- leoeemed by an owner, lessee or mortgagee thereof within two years *^"*^®** from the time of sale, by pa3ring to the purchaser, or to the said Brooklyn park commissioners, for his use the amount paid by him, with interest at the rate of twelve per cent, per annum. The said cer- certm- titicates of sale shall be recorded by the purchasers in the office of the b^record- register of deeds in and for the county of Eangs, and shall constitute cd. Ileus upon the premises therein described, after the same shall have To be been so recorded, and shall take precedence of all other liens, except "®'*** for unpaid taxes or assessments. And all interest to be collected at the 8aid sale shall be credited and paid pro rata among all parties entitled to receive awards upon the said opening. Upon the final collection of any assessment to be made under this act it shall be paid over by the said park commissioners to the several persons entitled to receive the same. ^ II. After the said avenue shall have been opened, the said avenue, Avenae, and the concurse lateral branch or shore road, at the ocean beach, shall ^jer%e^ be under the exclusive charge and management of the said x)ark com- charge of miflsioners, and they shall make and enforce rules and regulations for FnlLion-™ the proper use thereof. And after the said avenue and shore road shall ®"' have been improved as hereinbefore directed, its subsequent mainte- Mainte- nance shall be a chaxge upon the dty of Brooklyn, and such amounts as cbS^e'^ the said park commissioners shall, from time to time, by resolution, qpoh ihe determine to be necessary for the purpose, shall be annually raised by ^ ^^ * the board of supervisors of the county of Kings, and collected in the taxes of the then current year, and paid over to the said park oonmiis. sioners. § 12. The said commissioners of estimate and assessment shall be compen. severally entitled to receive three dollars a day for each and every day oonMSis-^ necessarily employed in the discharge of their duties, and their com- sionew of pensation, vrith room-hire, stationery and other necessarv expenses, ^^^ "***^®' together with the compensation of the surveyor, counsel and other persons to be necessarily employed under the foregoing provisions of this act (and who are hereby directed to be employed by the said park eommissionera), shall be included in the general expenses to be incurred herein, ^ 13. This act shall take effect immediately. 786 LAWS OF NEW YORK. [Chap. 584. Chap. 584. Corpora- tord. Corporate name and localion. First trtifl- tees. Vacancy, how liUed. President, vice-presi dents, Ac. Salary. Trustee, ofllccr or servant, not to bor- row of the corpora- tion, Ac. Not to be indorser. Qaomm. Meetings of the board of trastoos. By-laws. AN ACT to incorporate the Newtown Savings Bank. Passed May 26, 1814. The People of the State of Neto Yorky represented in Senate and Asserhblyy do enact as f (Mows : SEcrnoN 1. William 8. WoHhington, J. Benselin, Warren F. Shattiick, Louis Hamann, Philip Rambold, 8. Fisk Worthington, Emil Sauer, Edward H. Weber, John G. Graff, Louis Windmuller, D. Sackett Moore, William 8. Wood, and their successors, shall be and they are hereby constituted a body corporate and politic, by the name of New- town Savings Bank, to be located in the town of Newtovm, and by that name shall * perpetual succession, and may sue and Jbe sued in any of the comets of this State. ^ 2. The persona named in the first section of this act shall be the first trustees of the said corporation, and all vacancies in the office of trustee shall be filled by the board, by ballot, without unnecessary delay, and the vote of a majority of the remaining members of the board shall be necessary to elect a trustee. ^ 3. The business of the said corporation shall be managed and directed by said board of trustees, who shall elect from their number a president and two vice-presidents, and may elect from their number, or otherwise, such other officers as they may deem expedient ; and the vote of a majority of a full board of trustees shall be requisite for the appointment of any officer receiving a salary therefrom, or to fix or to increase the salary of any officer. \ 4. No person being a trustee shall, directly or indirectly, receive any pay or emolument for his services, and no trustee, officer or servant of said corporation shall, directly or indirectly, for himself or as the agent or partner of others, borrow any of the Ainds of the said corporation, or its dexKDsits, or in any manner use the same, or any part thereof, except to make necessary current payments, or to make investments, or to de- I)osit for safety, under the direction and by authority of the board of trustees ; nor shall any trustee, officer or servant of said corporation be an indorser or surety, or in any manner be an obligor, for moneys loaned by or borrowed of the said corporation. ^ 5. A quorum of said board of trustees shall consist of not less than five, of whom the president or one of the vice-presidents shall be one; and it shall be lawful for the trustees, in their Iry-laws, to provide for a largei" quorum ; but less than a quorum shall have power to adjoom from time to time, or until the next regular meeting. § 6. A regular meeting of the board of trustees shall be held once in each month, to receive the reports of their officers, and transact such other business as may be necessary ; and the tnistees may, in their by- laws, provide for calling special meetings ; and any trustee omitting to attend the regular meetings of the bowd for six months, unleaa pre- viously excused by a vote of the board, shall thereby vacate his office as trustee, but may, in the discretion of the board, be eligible to a re- election. ^ 1. The board of trustees of said corporation shall have power, from time to time, to make such by-laws, rules and regulations as they may think i)roper for the election of officers, for prescribing their respective * So in original. Chap. 584.] NINETY-SEVENTH SESSION. 787 powers and duties, and the manner of discharging the same, for the appointment and duties of committees, and generally for transacting, managing and directing the a&irs of the corporation ; provided, such ProTiso. by-laws, rules and regulations are not repugnant to nor inconsistent with the provisions of this act, the Constitution and laws of this iState or of the United States. i 8. The general business and object of the corporation hereby created Bnsiness shall be to receive on deposit any sum or sums of money that may be "elJt.^^" offered for that purpose, by any person or persons, or by any religious or charitable corporations or societies, and to invest the same, and declared * credit and pay dividends or interest thereon, as hereinafter authorized, and not otherwise ; and all certificates or other evidences of deposit; made by the proper officer of said corporation, shall be as effectual to bind the corporation as if executed under the common seal thereof. i 9. It shall be lawful for the trustees of Ijie corporation to invest inyeflt- the moneys deposited with them, and the gains or profits thereof, only *"**"'**• as follows, namely : 1. In the stocks or bonds, or interest-bearing notes or certificates, of in u. s. the United States. »*^^^*- 2. In the stocks or bonds or evidences of debt bearing interest, of state this State. ''^^^' 8. In the stocks or bonds of any dty or county, town, issued pur- city or Boant to the authority of law. £2",52^ 4. In bonds secured by mortgage on improved, unincumbered and Bonds productive real estate, ^tuate in this State, worth at least twice the gagc?.^'^' amount loaned thereon ; but not to exceed forty per cent, of the assets of the corporation shall consist of such bonds and mortgagee 5. It shall be lawful for the corporation to purcliase, hold and convey Power to real estate only as follows : 1. A lot and ban^ng-house requisite for the an'd conl^ transaction of its business, and for an income from such portions of the vey real same as are not required for its own use. 2. Such as shall have been ^**^^®- jMirchased at sales upon statute or other foreclosure of mortgages owned by the corporation, or upon judgments or decrees obtained or rendered for debts due it for money loaned; and all such real estate as is described in the last two preceding clauses shall be sold by the trustees within five years after ihe same shall be vested in the corjioration unless, upon application by the trustees, the Superintendent of the Banking Department shall extend Uie time within which such sale shall be made. ^ 10. In all cases of loans ux)on real estate, a sufficient bond or other PerBonai personal secturity shall be required of the borrower, and all the expenses for "om^. of searches, examinations and certificates of title or appraisal of value, and of drawing, perfecting and recording papers, shall be paid by such borrower. ^11. Whenever buildings are included in the valuation of any real insnr- estate, upon which a loan shall be made by said corporation, they shall ^^^^' be insured by the mortgagor for at least two-thirds their value, in such company of this State as the trustees shall direct, and the policy of insurance shall be duly assigned to the corporation ; and it shall be Renewal lawful for said corporation to renew such policy of insurance, in the ^f policy. same or in any other company of this State as they may elect from year to year or for a longer or shorter term, in case the mortgagor shall neg- lect to do so, and may charge the same to him. And all the necessary - .. I - - — — — - - t — ■ ■- -. * So in original. 788 LAWS OF NEW YORK. [Chap. 584. Expenses charges and expenaes paid by said corporation, for such rene^val or thereof, je^ewals, shall be paid by such mortgagor to the said corporation and shall be a lien upon the property so mortgaged until paid. con>ora- § 12. It shall be unlawful for the said corporation, directly or indi^ to*deai*'or '©ctly, to deal or trade in real estate in any other case, or for any other trade in purpose than as authorized in the ninth section of this act, or to deal estate, or trade in any goods, wares, merchandise or commodities whatetrer, ^^' except as authorized by the provisions of this act, and except such personal property as may be necessary in the transaction of its busLnesBL Loans. § 13. It shall be lawful for the trustees of the corporation, while awaiting opportunity for the judicious investment of the moneys deposited with them, as authorized and required by this act, to loan the same, or any x>art thereof, upon the securities mentioned in section nine of this act ; but not exceeding ninety per cent, of the cash market value of such securities shall be loaned thereon ; and should any seca- rities depreciate in value after making a loan thereof^ it shall be the duty of the trustees to require the immediate {)ayment of such loan, or a part thereof, or additional security therefor, so that the amount loaned shall at no time exceed ninety per cent, of the market value of the securities pledged therefor. Invest- ^ 14. It shall be the duty of the trustees of said corporation, as soon deposits, fts practicable, to invest the moneys deposited with them, and the gains or profits thereof, in the securities named in the ninth section Exccp; of this act, except an available fund of not exceeding twenty per cent available ^^ ^^^ deposits with Said corporation, which the trustees may keep to fauci* meet current payments, and which may by them be kept on deposit in any bank or banking association, organized under any law or laws of this State or of the United States, or with any trust company incor- porated by any law of this State, upon such terms as may be agreed Amonnt upon ; but the sum so kept on deposit in any one bank or tmst com- thereof, pany ghall not exceed twenty per cent, of the capital of such bank or trust company, and shall not exceed twenty-iive thousand dollars, or ten per cent, of the whole amount of deposits with this said corpora- May be tion ; or such available fund, or any part thei-eof, may be loaned b^ isau!°^ °° the trustees on call, or on notice not exceeding ten days, upon the securities and in the manner provided in the last preceding section of this act. Repay. ^15. The sums deposited with the said corporation shall be repaid depMi^ to the depositors thereof, or their legal representatives, at sudi timee ors, rega- and with Buch interest, and under such regulations, as the board of therefor, trustees Shall from time to time prescribe, which regulations shall be put and kept up in some conspicuous place in the room where the business of the corporation shall be transacted, and riiall also be printed in the pass-book of each depositor, but shall not be altered so as to affect any deposit previously made. Deposit ^ 16. Whenever any dexx)sit shall be made by any person being an minors?' alien or minor, or a female being or thereafter becoming a married ried wo- ^<>"^^9 ^^^ Same shall be held for the exclusive right and benefit of men, how such depositor, and free from the control or lien of all persons what- ^^^^- soever, except creditors, and shall be repaid, together with the diri- dends or interest thereon, to the person making the deposit, and the receipt or acquittance of such alien, minor or female shall be a valid and sufficient release and discharge for such dex)OBit to the oorpoiation. by has?^ k 1^' I^ *^^ actions in any court of this State, against the said off- band, wife poratiou, by a husband to recover for moneys deposited by his wife in witness.* her own name, pr as her own money, the wife may be examined and Chap. 584.] NINETY-SEVENTH SESSION, 789 testify as a witness in like manner as if she were an unmarried woman. And in all actions against the said corporation to recover for moneys on claimant deposit therewith, if there be any jjerson or persons, whether husband p^rty mRv or wife, or otherwise, claiming the same fund, who are not parties to be the action, the court in which such action is pending may. on the peti- ^J*°™fif^' tion of said corporation, and upon five days' notice to the plaintiff and such claimants, make an order amending &e proceedings in said action, by making such claimants parties defendant thereto; and the said court shall thereupon proceed to hear and determine the rights and interests of the several parties to said action in and to said funds. The Fnnd may said funds or dex)osit8 which are the subject of the said action may, in the c^ITdlt'of* discretion of the court, remain with said corporation at the same rate the ac- of interest as other deposits of the same class, to the credit of the action, ^^"' until final judgment therein, and the same shall be paid by said corporation in accordance with the provisions of said final judgment. The question of costs in the actions referred ta in this section shall, in costs, all cases, be in the discretion of the court. ^ 18. It shall be the duty of the trustees of the said corporation to Rate of regulate the rate of interest to be allowed to the depositors in such jJo^*"®!^. manner that they shall receive, as nearly as may be, all the profits of lated. the said corporation, after deducting necessary expenses, and reserving snroias such amount as the trustees may deem expedient or desirable as a ^^^• surplus fund ; which, to the amount of ten per cent, of their deposits, the trustees of said corporation are hereby authorized gradually to accumulate and hold, to meet any contingency or loss in its business ; provided, however, that it shall be lawful for the trustees to classify ciassifca. their depositors according to the extent or duration or character of their poitors?^' dealings with the said corporation, and U> regulate the rate of interest in such manner that each depositor shall receive a ratable proportion of interest with all others of the same class. ^ 19. The said corporation shall, every year, make reports to the Annnai Sux>erintendent of the Bank Department, as required by law, and in ^S!^^^' such form as he shall prescribe, and the Dooks of the said corporation shall, at all times during business hours, be open to the inspection of the Superintendent of the Bank Department, or of such other person as the Superintendent or the Legislature may appoint as his or their agent for that purpose. Whenever any agent shall be appointed to make any such examination, he shall be paid for his services by such corporation such sum as the Sux)erintendent of the Bank Department shall certify to be just and reasonable. ^ 20. The Supreme Court may, at any time, on the application of any supreme trustee or dex)ositor in said savings institution, and on reasonable cause appo^j^*^ shown therefor to the satisfaction of said court, appoint one or moie persons to peiaons to examine into the investments of said savings institution, and fnto™in^^ its affiurs and business generally. The books, papers and business of ^^^^^ ^ said savings institution shall be open and subject to the examination of ' 8nch person or persons, and the is'ustees, officers and clerks thereof, or any other person, may be examined on oath by such person or persons ; and the same court may confer such further powers on the perapn or persons so appointed as they may consider necessary for the more thorough and perfect examination of the affairs and business of said corporation. The said person or persons so appointed shall report the Beport. result of their investigations to the said court, which, if satisfied thereby that any officer, trust^ or servant of said corporation has been guilty of Power of any &aud or misconduct, may remove such person or persons, and se-Sore^ make such further order and take such further measures for securing the ftiads, &c. 790 LAWS OF NEW YORK. [Chap. 585. funds and property of said corporation as the said ooart shall deem expedient. Mianomor ^ 21. The niisnomer of said corporation in any instrument shall not vUiate. vitiate or impair the same if it be sufficiently described to ascertain the intention of the parties. Qonorai § 22. The corporation hereby created shall be subject to the provisions made ap- ^^ *^® eighteenth chapter of the first part of the Revised Statutes, and piicabie. all Other general laws affecting savings institutions, so &r as the same are applicable ; and this act may be repealed, or altered, or amended, at any time hereafter. ^ 23. This act shall take effect immediately. Cliap. 585. AN ACT to incorporate the Brooklyn Elevated, Silent, Safety Railway, for the purposes of providing rapid transit through the city of Brooklyn, Kings county, to Wood Haven, in the town of Jamaica, in the county of Queens, and the State of New York, and to provide for constructing and operating a railway therefor. Passed May 26, 1874 ; three-fifths being present. The People of the State of Neio Yoi% represefUed in JSetiate arid AssenMy^ do enact as follows: Corpora- SECTION 1. Jacob Cole, Comelius B. Payne, John II. Burtis, John Q. tors. Kellogg, Joseph F. Bridges, Adrian M. Suydam, John Olmstead, Gillian Schenck, John H. Atwater, Robert Irwin, Abraham Lott, William Pickhardt, Noyes G. Palmer, John M. Phelps, Samuel M. Meeker, John L. Marcellus, Thomas J. Henderson, J. Lester Keep, A. C. Brownell, Frederick T. Parson, Florian Grosjean, M. C. Earl, Ditmas Jewell, Andrew J. Moses, Benjamin F. Clayton, John L. Nosfarand, Horatio A. Carter, Samuel Huxham, David A. Morris, their associates, sucoeesois or assigns, or a majority of the same, are hereby created a body corpo- corporato rate and politic, by the name of Brooklyn Elevated, Silent, Safety Rail- name, ^ay ComjMiny,* and by that name shall have succession. The capital Capital stock of Said company shall be five millions of dollars, divided into stock. fif^y. thousand shares of one hundred dollars each ; and the said com- pany shall not be authorized to commence business until five hundred thousand dollars shall have been paid in in cash. Board of § 2. The business and af&irs of said corporation shall be mana^ election*' ^^ ^ board of not less than nine directors, to be elected within six of. months of the passage of this act, by the above-named corporatorp, or their legal representatives or assigns, the first five of whom may name the day when, and the place where, such election shall be held, and the Notice, number of directors to be chosen, and shall give due notice thereof to each of. said corporators hereinbefore named, which notice shall be de- livered or mailed to their resi>ective places of abode or business, at least ten days prior to the time of such eleK^on. And such of said corpora- tors as shall attend such election in person, or be represented by proxy or power of attorney, shall appoint two tellers to conduct such election and declare the result. And the directors thus chosen shall hold tiieir * So in original. Chap. 585.] NINETY-SEVENTH SESSION. 791 offioe for one year, and until others are chosen in their places, as herein Term of provided. And an election shall be held annually thereafter, upon *^®®®' notice of ten days being given in at least two of the daily newspapers election, published in Kings county. And the persons owning the majority of the stock then present, or represented by proxy at such election, shall elect the requisite number of directors in place of those whose terms of office has expired ; each stockholder shall be entitled to one vote for each share of stock held by him. All vacancies occurring in the board vacan- of directors, by resignation or otherwise, shall be filled by the remain. ®^®*; ing members of said board for the remainder of the term. ^ 3. Said corporation is hereby authorized and empowered to construct. Corpora- maintain and operate an elevated railway between the proposed termi- conaS^-nct mis, on the [Brooklyn side of the East river suspension bridge and railway. Wood Haven, in the town of Jamaica, county of Queens, and State of Trcmini New York ; said railway to be erected on the following streets and *^**^^"^^'®- avenues, or i)ortion8 thereof, namely : Commencing at the crossing of Washington and Sands streets, thence along Washington street to York street, thenoe along York street to Hudson avenue, thence along Hud- son avenue to Park avenue, thenoe Jtlong Park avenue to Grand avenue, thence along Grand avenue to Lexington avenue, thence along Lexington avenue to Ralph avenue, thence along Ralph avenue to Marion St^et, thence along Marion street to Broadway, thence along Broadway to Ful- ton avenue in East New York, in the town of New Lots, county of Kings ; thence along Pulton avenue to and through Wood Haven, in the town of Jamaica, county of Queens, or on such streets and avenues as may be named by the mayor and common council of the city of Brooklyn as being more suitable for carrying out the objects contem- plated in the erection of said elevated railway. And, in all cases, the use ot use of any streets, avenues, highways, public places or property for the 5bc°®a purposes herein authorized shall be considerea a public use, consistent pubUo with the uses for which the city of Brooklyn or the public authorities of "*®' the counties in which said railway or its branch shall run, shall hold such streets, avenues, Idghways, roads, public places and property. .^ 4 Said corporation is hereby empowered to construct, maintain an^ Tnmonts, operate such turn-outs, sidings, stations, platforms, depots, stairways, S[cJ"^* telegraph and signal apparatus and repair shops, as may be necessary and proper for the successful mainteiiance and operation of such rail- way as contemplated in this act, and to convey passengers, mails and f merchandise, in cars to be propelled by steam or other motive power, Motive for pay, over said road. The rate of fare for carrying i)as8engers shall p«>^«'- not exceed five cents for the first two miles, and an additional sum of Faro, one cenf per mile may' be charged for any additional distance. Said railway shall be exclusively for the use and purposes of said corpora- tion, and it shall not be lawful for any person or persons, other than a public officer in the execution of his duties as such, .with his agents and assistants, to enter upon or pass through or over the same, or any por- tion thereof, on foot or in any other way than in the proper cars pro- vided for that purpose, without the consent of said corporation, under a penalty of fifty dollars for each oifense, to be recovered by sai^ cor- Penalty, poration. \ 5. The said elevated railway shall be constructed as follow^s, Kau^ay, namely : Iron columns shall be placed on each side of the street, ^^^^} avenue or roadway, on a line with the curbstones, said columns to be tion. firmly bolted to concrete foundations of suitable size and shape to insure perfect firmness in all cases, said foundations and the location of them to be subject to the approval of the chief engineer of the board of 792 LAWS OF NEW YORK. [Chap. 585. city works of the city of Brooklyn, or Btich officer as shall sustain that relation to the city government. Iron girders not more than thirty-tdjc feet in length shall be placed across the streets and avenues, and be properly attached, to the tops of said columnsw The beams forming supports, from girder to girder, for the car tracks, shall be placed on the tops of, and properly attached to, said cross girders. Said railway Elevation, shall have an elevation of not less than fourteen feet from the surfiEices of the streets, avenues and roadways over which the same may pas& The structure for said railway shall be strong enough in all its parts to insure a safe support for trains of cars and motors of a maximum weight of twelve thousand pounds each, and a train on each track running at a speed not to exceed thirty miles per hour. There shall be no deck- ing or flooring made use of to obstruct light and ventilation, except the necessary platforms at the stations ; but it shall be the duty of said scTOons. corporation, when so required by the mayor and common council of the city of Brooklyn, or the public authorities of the county of Queens,, to cause blinds or screens to be put on said railway for the purpose of preventing horses, while standing or passing beneath, from seeing the cars and motors in motion, and said blinds or screens shall be con* stoam, structed so as to allow free circulation of light and air. There shall be smoke Ac. ^^ gteam, smoke, ashes or cinders allowed to escape from the motors while in motion. The rail beams of said railway and the running gear of the cars and motors shall be so constructed and adapted to each other as to preclude all possibility of the cars or motors leaving the tracks. Suitable means or devices shall be made use of to cause the rails and the wheels of the cars and motors to be as non-sonorous as Constrnc possible. Said railway shall have two tracks, and the construction of where to ^^^ ^^^ ^^^^^ ^ commenced at East New York, and proceeded with be com- continuously from the place of beginning towards the westerly terminal and ^how poiut as aforesaid, and in no case shall said road or any portion thereof p»jjg«eded be built or conunenced at any point westerly of East New York until ^ ' all of such road between such x)oint and said East New York has been completed. Branch. ^ 6. The Said corporation is hereby authorized to construct, maintain route of. ^^ operate, in connection with said railway, a branch conmiendng at or near by the corner of Hudson avenue and York street ; thence along Hudson avenue to Plymouth street ; thence along Plymouth street to Main street ; thence along Main street to Water street ; thence along Water street to or near by the Fulton ferry. Right to ^1. For the purpose of constructing, maintaining and operating said streets, Kiilway, Said corporation is hereby empowered to enter upon and &c. ' across the several streets, avenues, squares and lands hereinbefore provided for, and into and upon the soil of the same, in all and any manner necessary to construct, maintain and operate the said railway, along the routes and to the points herein specified and contemplated. Openings To secure the necessary foundations for the columns or other structures vatioM*\n which may be required to insure perfect safety and stability of con- streets, struction, for the maintenance and operation of said railway, it shall be *®' lawful for the said corporation to make such openings and excavations in said streets, avenues and squares over which the said railway shall be constructed, as shall be necessary from time to time, and make such foundations therein and thereon as will secure stability and firmness The character and location of all such foundations miade within the boundaries of the city of Brooklyn, shall be subject to the inagpcti^* and approval of the chief engineer of the board of city works, or other officer as heretofore provided ; said foundations must not interfere in Chap. 585.] NINETY-SEVENTH SESSION. 793 any way with the public aewers or gas and water-mains, as they may sewcrs/ exist at the time said foundations shall be made ; the surfaces around *Ve1n^ all of said foundations shall be restored to the condition they were terftered found in, as near as i)os8ible, without unnecessary delay. And whatever ^^*'**' temporary structures may be required during the building of said rail- Tempo- way, shall be put up in a safe and workmanlike manner, and so as not tures!'™^ to interfere with the public travel or use of said streets and avenues. But no public square shall be taken or interfered vdth unless the com- PabUo pany iirst obtain the consent of the common council of the city of ^*i°^®- Brooklyn thereto. S8. The said corporation may, upon agreement of jxarties, issue or Corpora- iver stock in x)ayment of the amounts to be paid for any real estate, i^neTtock personal property, rights, franchises, or interests purchased, leased, or in pjy- otherwise acquired by it for the construction, maintenance and opera- mopeny. tion of said railway and its branch, for the equipment of the same, and *<»• for any of the purposes authorized by this act ; which stock so applied or appropriated shall be taken and deenjied to be full paid-up stock. 6 9. The directors aforesaid are hereby required to open books of snbscrfp- suDscription to the bonds or stock of said corporation, and shall give bomu or at least ten days' notice, to be published in at least two of the daily stock. papers in the county of Kings, of the place or places where said books shall be opened, that an opportunity may be given to those who desire to subscribe for said bonds or stock, and said books shall be kept open for at least thirty days ; and in the event of a larger amount being subsoribed than the capital stock of said corporation, then such bud- scribers shall be entitled to a pro rata number of shares of said stock, but each subscriber shall, at the time of subscribing, pay to the treas- urer of said corporation ten per cent, of the par value of each share so subscribed. § 10. The corporation hereby created shall jKJSsess all the rights, General powers and privileges, and be subject to all the provisions of an act Sfwers, entitled " An act to authorize the formation of railroad corporations *o. and to regulate the same," passed April second, eighteen hundred and fifty, and the several acts amendatory thereof, except as far as the pro- visions of said act and amendments are modified by or are inconsistent with the provisions of this act. § 11. The legislature may at any time alter, amend or repeal this act. ^ 12. The company hereby created shall commence the construction When of their road within two years from the passage of this act and shall mSf com- complete it within three years thereafter, and failing therein shall for- JJfJ^® feit the rights acquired by them under this act. Jfete^ °^ ^ 13. This act shall take effect immediately, and the term of exist- '^*'^- ence for said corporation shall be fifty years. 51 794: LAWS OF NEW YORK. [Chap. 587. Chap. 586. AN ACT to repeal chapter one hundred and sixty of the laws of eighteen hundred and seventy-two, entitled "An act to establish a board of health and of vital statistics in the county of Richmond, and to define its powers and duties." » Passed May 29, 1874 ; three^fifths being piesent The People of the 8tate of New York, represented in 8enate and Assembly y do enact as follows : Bepeai. SECTION 1, Chapter one hundred and sixty of the laws of eighteen hundred and seventy-two, entitled " An act to establish a board of health and of vital statistics in the county of Richmond, and to define its powers and duties," passed April second, eighteen hundred and seventy-two, is hereby repealed. ^ 2. This act shall teke effect inunediately. Chap. 587. AN ACT to amend an act entitled An act to provide a charter for the village of Oneida, passed April twenty- sixth, eighteen hundred and sixty-nine. Passed June 1, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly y do enact asfoUotos : Section 1. Section twenty-five of an act entitled An act to provide a charter for the village of Oneida, passed April twenty-sixth, eighteen hundred and sixty-nine, is hereby amended so as to read as follows: Chief en- ^ 25. The chief engineer of the fjre department and his assistants wJdM- ^^^^ 1^ elected by the firemen of the village on the first Tuesday sistantB to evening in May of each year. The election shall be by ballot, polls to be elect- y^ opened at seven o'clock and closed at eight o'clock, and the persons receiving the greatest number of votes shall be declared elected, sub- Approvai ject, however, to the approval of the board of trustees. The result of of teas? ^^ election shall be certified to the board of trustees, and if said board tees. shall approve the officers so elected they shall thereu{)on become the officers of said fire department for the ensuing year. If said officers If offlcen or any of them shall not be approved, said board shall order a new proved*, election, and fix the time and place of holding the same, at which new board to election the said firemen shall elect, by ballot, n^w officers in place of eieoSoJ?7 those not approved. And in case the officers so elected at said second election shall not be approved by said trustees, the board shall there- upon elect, by ballot, officers in place of those not approved. ^ 2. This act shall take effect immediately. Chap. 588.] NINETY-SEVENTH SESSION. 795 Chap. 588. AN ACT to provide for the completion and improvement of Sackett, Douglass and Degraw streets in the city of Brooklyn, and also for the collection and payment of all moneys expended or indebtedness incurred by said city on account of the improvement of such streets by the Brooklyn park commissioners. Passed June 1, 1874; three-fifths being present. The People of the State of New York, represe?ded in Seriate and Assembly y do enact asfoUowa: Section 1. Sections four, seven, nine and ten of an act of the Legis- Re-enact- lature, entitled " An act to widen poHions of Sackett, Douglass and ""^""^ President streets, and otherwise to alter the commissioners' map of the dty of Brooklyn," passed May sixth, eighteen hundred and sixty-eight, a8 amended, extended or enlarged by the acts amendatory of or sup- plemental to or said to be amendatory of or supplemental to such act are hereby (except as hereinafter amended) expressly re-enacted, and the powers granted, or purported or stated to be granted by such sec- tions and acts are hereby expressly conferred upon the Brooklyn park commissioners and other officers and agents as therein set forth. ^ 2. All sums of money heretofore at any time paid or advanced to Moneys to said park commissioners by said city, for or on account of the improve- ^|^ l^SS ments mentioned in said sections of the act X)aBsed May sixth, eighteen ftn'«i coi- hundred and sixty-eight, and the said amendatory and supplemental ^*^*^**' acts, together with all sums hereafter to be advanced under the authority of this act, with all interest paid by said dty, at the time of such assess- ment, on account of bonds issued to obtain the money so advanced, shall be assessed, levied and collected in the manner provided in and by this act, it being the true intent and meaning of this act to make the Boms heretofore expended for such improvement a charge on the same district, and assessable and collectable in the same manner as though such sums had been expended after the passage of this act. \ 3. Section four of the act passed May twenty-second, eighteen hundred and seventy-three, supplemental to the aforesaid act passed May sixth, eighteen hundred and sixty-eight, is hereby amended by suhlstituting the words " the board of supervisors of Kings county " for the words " the joint board of supervisors and common council of said city," in such section, it being the true intent and meaning of this Board of section to cause the assessment therein referred to be levied by the said ora toievy board of supervisors instead of by the joint board therein referred to, assess- and the said section is hereby further so amended that the tax or charge "*^" therein referred to shall not be collected by said joint board but shall be collected by the officers of said city authorized to collect taxes therein. ^ 4. Section five of the act last above referred to is so amended that Payments I)ayment8 therein allowed to be made to the comptroller shall be made ^Jde to the collector of taxes and assessments of said city. Jo ^i- § 5. This act shall take effect immediately. ^^ "' 796 LAWS OF NEW YORK. [Chap. 589. Sevonth ward, boun- daries of. Election of alder- men. Powers of board of aldermen. Ordinan- ces, ftc., to bo pre- senten to the mayor tor ap- proval. Veto power. Chap. 589. AN ACT to amend " An act to amend the charter of the city of Brooklyn and the various amendments thereof," passed June twenty-eight, eighteen hundred and seventy- three, and to further amend the charter of the city of Brooklyn. Passed June 1, 1814 ; three-fifths beiiig present The People of the /State of New York, represented in Senate and Assemblj/, do enaet asfoUows: Section 1. Section eight of title one of chapter eight hundred and sixty-three of the laws of eighteen hundred and seventy-three, entitled " An act to amend the charter oj the city of Brooklyn and the various amendments thereof," passed June twenty-eighth, eighteen hundred and seventy-three, and to further amend the charter of the city of Brooklyn, is hereby amended so as to read as follows : § 8. The seventh ward of said city shall comprise the following diB- tricts, namely : Beginning at a point formed by the intersection of tlie middle lines of Bedford and Flushing avenues, running thence southerly alonff the center line of Bedford avenue to its intersection with the middle line of what was known as Clove plac^, and thence westerly along the middle line of what was known as Clove place to the middle line of Franklin avenue ; thence southerly along the middle line of Franklin avenue to the middle line of Atlantic avenue ; thence west- erly along the middle line of Atlantic avenue to the middle line of Washington avenue ; thence northerly along the middle line of Wash- ington avenue to the middle line of Flushing avenue ; thence easterly along the middle line of Flushing avenue to the point or place of befi;inning. ^ 2. Title two, section two, is hereby amended by striking out tie last word " seventy-filve " and inserting in place thereof the word " seventy-four." & 3. The second subdivision of the thirteenth section of the second title of the said act is hereby amended by inserting at the end thereof the following: And to examine into any charges preferred against any officer, cJerk ' or agent of the city, and into the affairs of any corporation, department or board in which the city may be interested, and for this purpose they shall have access to all the records thereto pertaining, and have the power to send for persons, books or papers, to administer oaths and to examine witnesses. § 4. Section ten of title two is hereby amended so as to read as fol- lows : * ^ 10. Every ordinance or resolution of the board of aldermen shall, before it takes effect, be presented, duly certified, to the mayor, awl the approval of the minutes by the said board shall be conclusive evi- rL'ine that the said ordinance or resolution has been so presented to the mayor. If he approves of it he shall sign it ; if not, he shall return it with his objections, and file it with the clerk within ten days after he receives it ; the said boara shall, at its first regular meeting thereafter, enter the objections at length upon its journal, and caaee said objections to be published in the corporation newspapers, after which publication it shall proceed to reconsider the same, and if iwo- Chap. 589.] NINETY-SEVENTH SESSION, 797 thirds of all the members elected shall then agree to pass the same, it shall take effect as a law ; but in every such case the votes shall be taken by ayes and nays, and entered on the journal. And if such ordinance or resolution shall not be returned by the mayor within ten clays after he has received it, it shall become a law in like manner as if he had signed it. But no such ordinance or resolution shall take effect in any sense, until the day following the next regular meeting of the board, except by the unanimous consent of the board, in which case it shall take effect upon being approved by the mayor, and no debt or obligation of any kind shall be created by said common council against said city except by ordinance or resolution of said common council, specifying the amount and object of such expenditure. ^ 5. Section eighteen of title two is hereby amended so as to read as follows : ^18. The common council shall designate four daily newspapers Designa- (one of which shall be printed and published in the eastern district of JJ^w^^ said city, and one of which shall be published in the German language pavers for having the largest actual average daily circulation therein), in which Rig ordi- shall be published all the ordinances, resolutions, notices, tax and nances, assessment sales, and all other proceedings which by this act or any other act are or may be required to be published affecting said city, provided that the aggregate expenditures shall not exceed sixty thou- Amount sand dollars per annum, exclusive of tax and assessment sales, which Situres'* shall be published by said papers at rates to be fixed by the common limited, council ; and further provided, that such papers as have been heretofore designated as corporation newspapers shall continue to act as such until the common council shall, by a two-third vote of all the members elect, designate other papers in place of them, or either of them. & 6. Section twenty of title two of said chapter shall read as follows : \ 20. The commissioners of the sinking fund, together with the Board of supervisor at large and the treasurer of the county of Kings, shall be a estimate, board of estimate who shall, on or before the lirst day of June in each year, estimate the amount required to be raised by law in said city and county for all city and county purposes, including the moneys raised for the board of education and the conmiissioners of charities for the year commencing on the first day of January then next, stating sepa- rately what will be required for dty and county purposes respectively. The amount so raised for dty and county purposes shall not exceed two cents and three mills per dollar upon an amount equal to the aggregate of the assessed value of the property in said city for the pre- vious year ; and no greater amount shall be raised in said dty by tax for such purposes. All city and county departments, including the Depart- park commissioners and the commissioners of charities, and the board Sak^an'- of supervisors of Kings county shall, on or before the fifteenth day of ^uai state- May, in each year, transmit to the said board of estimate a statement, in "* " * detail, of the several amounts which, in their judgment, will be required for the use of the said departments and commissioners respec- tively ; and the said board of estimate shall revise and determine the Board of amount tliat shall be raised for such purposes in the next annual taxes ; S deS> provided, ttat nothing herein contained shall prevent the raising, by »n*ne tax, any further moneys which shall be required for the purpose of bTraSed. paying any portion of the principal or interest of the bonded debt of said city, or the said county, to become due. The said board of estimate shall, annually, present their said estimate of the amount to be raised for dty purposes, as aforesaid, to common ooundl, who shall meet on the first Tuesday in June, in each year, and then, or as 798 LAWS OF NEW YORK. [Chap. 589. Common coancil to determine anionnt nooessary to detVay expensesi St. Mary's hospital. No city officer to bold two ofllcos. Ofllcial bond. Official oath. Mayor to nominate heads of depart- ments. soon thereafter as practicable, and before the first Tuesday in July, proceed to determine, by a majority of at least two-thirds of all the members elected, what sums will be necessary to defray the expenses and liabilities of said city for the year to commence on the first day of January then next ; but the aggregate amount of all sums so deter- mined to be raised for city purposes shall not exceed the total amount of the estimate of said board of estimate for such purposes. ^ 1. Section twenty-three of title two is hereby amended by adding at the end thereof, the words following : For the St Mary's Hospital, Dean street, the sum of fifteen hundred dollars. ^ 8. Section four of title three is hereby amended so as as to read as follows : ^ 4. No person so elected or appointed shall, during his term of office, hold any other public office whatever (except that of conunis- sioner of deeds and notary public), the fees or emoluments of whidi are paid out of the city treasury, or who shall be directly or indirectly interested in any contract to which the city or any department thereof, is a party ; and the holding of any such oiher office or official position shall be deemed and held to be a vacation of the office to which he was elected or appointed. And no person so elected or appointed shall receive any compensation whatever, except his salary fixed by law or ordinance for any services performed or work done under any public authority. The persons so elected or appointed shall severally execute a bond to the corporation, in such penalty and with such sureties as the common council shall require, conditioned for the faithful per. formance of their respective duties. In case such officers shall refuse or neglect, for ten days after being notified of their election or appointment, to execute or deliver to the city clerk, and in case of the city clerk to the comptroller, the bond herein required, such neglect or refusal shall be immediately reported to the common council, who may declare such office vacant ; and thereupon the mayor shall nominate, and, with the consent of the board of aldermen, appoint proper persons to fill such vacancies. Such sureties shall justify in such form as the common council shall prescribe, and the bonds thereby required, after having been fully approved, shall be filed in the office of the city clerk, except that the bond of the dty clerk shall be filed in the office of the comptroller, before any one of the officers required to execute the same shall enter upon the duties of their respective offices. Every person elected or appointed to any office in pursuance of this act, or of any law or ordinance of the common council, shall, before he enters upon the duties of such office, take and subscribe before the mayor, city clerk, or some person authorized to administer the same, the con- stitutional oath of office of this State, and file the same in the office of the city clerk ; and if any sudi person shall n^lect to take such oath for ten days after receiving notice of his election or appoint- ment, unless prevented by unavoidable absence from the dty, or by sickness, from doing so, he shall be considered as having declined said office, and the same shall be deemed vacant; and whenever sach vacancy shall occur, the mayor shall nominate, and with the consent of the board of aldermen appoint, suitable persons to fill such vacandeSb ^ 9. Section twelve of title three is hereby amended so as to read as follows : § 12. The mayor shall, except as herein otherwise provided, nomi- nate, and with the consent of the board of aldermen, appoint the heads of the several departments and the assessors, as hereiniuter mentioned. The mayor shall also have the power to suspend any officer appointed Chap. 589.] NINETY-SEVENTH SESSION. 799 by him, and it shall be his duty to report the fact of such suspension, together with the reasons therefor, to the board of aldermen at the next meeting thereof. The board of aldermen may thereupon, and for Removal cause, remove such suspended officer, by a vote of two-thirds of all ^^ aldermen elected, provided that no such removal shall take place until the said 'psaty sought to be removed has had an opportunity to be heard in his defense. Whenever any such removal shall take place, the cause therefor, together with the ayes and noes upon the vote taken, shall be entered at large uxx)n the journal of the board of aldermen. If the final vote shall be against such removal, such suspension shall cease and determine. ^10. Section two of title four of said act is hereby amended so as to read as follows : ^ 2. No bonds, stock or other obligations of the city of Brooklyn here- saie of after to be issued, shall be sold, unless bids for the same shall be ad- bonds, ao. vertised for * the comptroller in the corporation newspapers, and also in two daily newspapers, published in the city of New York, to be designated by the compfjroller, for at least ten days ; and all such bonds, stocks and obligations shall be awarded to the highest bidder therefor, by the mayor and comptroller, after publicly opening such bids by them ; provided that no bonds, stock or other obligation shall be sold Not to bo for less than their par value and accrued interest, unless with the con- JhSi^plS" sent of the mayor, comptroller and finance committee of the board of aldermen. The mayor and comptroller may reject all bids which they consider not for the advantage of the city. ^11. Section four of title four of said act is hereby amended so as to read as follows : § 4. All stocks, bonds and securities of the city of Brooklyn, hereafter stocks, issued, shall bear not more than seven per cent, interest 'per annum, and ^intofest shall be negotiated and disposed of by the mayor and comptroller. ^^• The comptroller shall keep careful accounts of the same in his office, and shall prescribe the forms of all such obligations, and sign the same jointly with the mayor ; but no stock, certificate, bond or other obliga- tion shall be delivered by them for any loan to the corporation until the amount has been actually deposited in the city treasury, and the receipt for the money is produced and filed in the comptroller's office. Is 12. Section two, title six, of the said chapter shall read as follows : ^ 2. It shall be the duty of the treasurer to keep books showing at all Treasnrer times the condition of the several appropriations, and such other partic- j^ks.^ ulars as may be directed by the comptroller ; but no warrant shall be paid on account of any appropriation, or be charged to any account un- Payment less there is a balance equal to the amount of such warrant standing to ^ta!' the credit of the prox)er account, and applicable to such warrant ; pro- vided, that if the comptroller shall deem it inadvisable to effect a sale of bonds at any particular time, he may, with the consent of the mayor, overdraw any of the accounts which are made up from the moneys re- ceived from the sale of bonds, but such overdrafts shall in no case ex- ceed the amount for which bonds may be issued by the city under existing laws on the particular account so overdrawn ; and it shall be the dutv of the financial officers of the city to issue and sell such bonds when the money shall be needed by the city. ^13. Section seven of title seven of said act is hereby amended to read as follows : * So in original. 800 LAWS OF NEW YORK. [Chap. 589. Abstract of assess- ments. Unpaid assess- ments, taxes and water rates, col tion of. Sale of real estate fbr pay- ment of. Errors in tax or as- sessment, rectifica- tion o£ § 7. The collector of taxes and assessments is hereby directed to pre- pare an abstract of each of the assessments for local improvements, the amount of which is directed by law to be included in or collected with the general taxes, showing first the amount of the respective assess- ments upon such parcel of land assessed, less any amount paid thereon; secondly, the installments which are to be collected in each year upon each lot, with interest added in those cases in which the interest is col- lected, and he shall furnish to the comptroller a duplicate of sach abstract. ^ 14. Section three, title eight of said chapter, shall read as follows: § 3. Whenever any assessments, taxes or water rates shall remain unpaid for one year from the time the lists and rolls thereof were delivered ix) the collector of taxes and assessments, or to the registrar of water rates, and said lists and rolls, with accounts of unpaid items thereof, shall have been transmitted to the registrar of arrears, he shall proceed to collect all amounts so remaining unpaid, together with the default and interest due and chargeable thereon, and he sliall possess all the powers in relation thereto as are conferred upon the collector of taxes and assessments by the second section of the seventh title of this act ; and after any such amount shall have remained unpaid for two years from the date of delivery of the several rolls, lists and warrants, to the collector of taxes and assessments and the registrar of water rates, it shall be the duty of said registrar of arrears to cause lists thereof, signed by him, to be printed in the corporation newspapers, which shall contain a notice requiring all such unpaid assessments, taxes and water rates, with interest and exx)enses due and chargeable thereon, to be forthwith i)aid to said registrar at his oliice, or iSat in default of such payments on or before a day to be therein designated, which shall not be less than twelve weeks from the date of such notice, the lots and premises subject to the liens thereof, will be offered for sale at public auction according to law ; such lists shall then descrihe the lot and premises subject to the liens aforesaid, specifying the ward numbers thereof, if there be any, also the street, avenue or road on which it fronts, on which side thereof, and between or near what streets it is situated, together with the name of the x>6r8on to whom the same was assessed or taxed, and the name of the reputed owner or occupant if known to said registrar. He shall also readvertise and offer for sale all property heretofore offered for sale for unpaid taxes, assessments or water rates and remaining unsold ; and shall also readvertise and sell all property which should have been advertised and sold under the provisions of law-, and which has not in &ct been so advei'tised and sold ; such advertisement and sale to be of the same force and effect as if made at the time legally prescribed therefor. 16. Section ten of title ten shall read as follows : 10. The board of assessors shall have power to rectify any errors committed in the laying of any tax or assessment, as well for general purposes as for any local improvement, only in the following cases: Ist. When the error is entirely clerical. 2d. When there is a mistake in the name of the "partj taxed or assessed. 3. When the quantity of the real estate, or nature of the buildings and improvement thereon shall be erroneously given. 4. When the personal estate shall be over e^mated, and the party assessed shall have been prevented from inspecting the assessment rolls, by sickness or absence from the city, during fiie said time the same were open for examination and correction. Chap. 589.] NINETY-SEVENTH SESSION. 801 5. When the property has been assessed that was by law exempt from tAx at the time the assessment was laid, such power shall be exercised only upon satisfactory proof of error ; but no correction shall be valid until it shall have been certified to by the comptroller and the collector of taxes and assessments, and duly entered in red ink in the assessment list or lists in the department of collection. 6 16. Section thirteen of title ten shall read as follows : 9 13. In case any claim shall be presented for refunding a duplicate Reftind- payment for an assessment, tax or water rate, accompanied by a receipt cafe^pay.' of any pioi)er officer of the city therefor, such claim shall be referred mente. to and be examined by the officer receiving such payment, and if the same shall be found valid and just, said officer shall prepare and certify a proper account therefor, to which shall be attached the receipt for such x>aynient, and on being also examined and certified by the auditor and approved by the comptroller, it shall be the duty of the latter to cause a warrant upon the treasurer to be executed in favor of, and delivered to such claimant for the amount thereof, upon his giving a proper receipt for the same. All duplicate payments so refunded shall be charged by the comptroller and treasurer to the account which received credit for the amount when collected and deposited. In case any claim shall be presented for refunding the whole or part of any tax or assessment which has been pa^d^ and is claimed to be erroneous by reason of any such error as is named in section ten of this title, the board of assessors shall examine, and if they find that such error has been made, shall certify the same and the amount thereof to the officer who received such x)ayment, and subsequent proceeding shall be taken thereupon, the same as are hereinbefore provided for claims on account of duplicate x>ayinents. ^ l1. Section six of said title eleven is hereby amended so as to read as follows : ^ 6. The said board of xx)lice and excise shall divide said city into cit^ to be precincts, not exceeding one precinct to each thirty-six of the patrol- ?nto pre- men authorized to be appointed. The said board may also establish ciucts. sub-precincts, and assign, not to exceed three sergeants, two door- men, two roundsmen, and as many x>atrolmen as it may deem sufficient to each sub-precinct, and shall appoint a telegraph superintendent, three telegraph ox)erators, and one asmstant telegraph operator. It shall appoint as many captains of police as there may be precincts, and assign one captain, and as many sergeants, roundsmen, patrolmen and doormen as it shall deem sufficient to each precinct. It shall also Counsel. appoint a counsel, and fix his compensation, which shall not exceed gjf^®**"^' twenty-five hundred dollars, and appoint not to exceed five sur- geons, and as many mounted sergeants, roundsmen and patrolmen as the common council shall authorize. ^ 18.. Section fifty of said title eleven is hereby amended so as to read as follows : ^ 50. Every owner of a steam boiler or boilers in use in the city of steam Brooklyn shall, annually, and at such times, and in such manner, and anllnat such form as may by rules and regulations be made therefor by the inspection board, report to the board the locality of such steam boiler or boilers ; ° and thereupon or as soon thereafter as practicable, the board shall cause to be inspected such steam boiler or boilers, and all apparatus and appliances therewith ; but no person shall perform such duties unless he is a practical engineer, and the strength and security of each boiler shall be tested by hydrostatic pressure ; and they shall limit the Limit or pressure of steam to be applied to or ux)on such boiler, certifying each p^®^°'®* y 80a LAWS OP NEW YORK. [Chap. 589. inspection and such limit of pressure to the owner of the boiler inspected, and also to the engineer in charge of the same ; and no greater amount of steam or pressure than that certified in the case of any boiler shall be applied thereto. In limiting the amount of pres- sure, wherever the boiler under test will bear the same, the limit desired by the owner of the boiler shall be the one certified. \ 19. Section two of title twelve of said act is hereby amended by adding thereto the following words : Board of Except that the president of the board of aldermen, and the presi- addituJnai dent of the board of dty works of said dty shall be members of said members, board, with eiqual power and authority in the management and government thereof. Title twelve of said act is hereby amended by adding at the end of the title the following section : Board of \ 3. The said board shall have full and exclusive power and powers l?r authority over the removal of night soil, and in the removal of dead removal of animals, ofial, blood, bones, tainted or impure meats, and in ti^e «ubage."' removal of all the garbage and other refuse matter from said dty. Said «c- board is hereby charged with the duty of causing the removal of tiie same as often as may be necessary, and of keeping the said city clean from all matter or nuisance of a similar kind. The said board of health is authorized to make contract^ with any responsible person or persons for the removal of said offal, dead animals, night soil, garbage and other refuse matter from the dty of Brooklyn for a i)eriod not exceeding five years, and to require and receive bonds in such form and amount as the said board may approve, for the fkithful perform- ance by the person or persons aforesaid, to whom such contracts may by the said board be, in its discretion, awarded, of all and every of the provisions of such contracts, and to cancel and revoke all contracts made by them for the removal of ofEal, dead animals, night soil, garb- age and other refuse matter which may be entered into under this sec- tion, as well as all existing contracts for the removal thereof, whenever the contractor shall refuse or neglect to perform any of the stipulations of his contract. To enable said board to carry out the provisions of this section such sum of money shall be paid by the comptroller of the dty, upon bills certified to by the president of said board, and audited by the auditor, as may be necessary, provided, however, that the monejna so to be paid shall not, for the year eighteen hundred and seventy.four, exceed in amount the sum of fifteen thousand dollars. \ 20. Section nine of said title thirteen is hereby amended so as to read as follows : Fire com- \ 9. The Said commissioners shall have i)ower to select a secretary, ei«1nay chief and assistant engineers, and as many officers, clerks, foremen, select a engineers, drivers, inspectors and bell-ringers, as may be necessary, pro- secretary, yi^Q^ ^g^^ ^^ salaries of such employees in the aggregate shall not exceed the amount annually raised by the proper officers for such pur- pose. The said employees shall at all times be under the control of said commissioners, and perform such duties as may be imposed upon them by the said commissioners. & 21. Section twenty of title thirteen shall read as follows : Finos,&c^ \ 20. All fines imposed by the commissioners upon members of the into^tr^aB- ^^ department, by way of disdpline, and collectable from jwiy op lUT. salary, and all rewards, fees, proceeds of gifts, and emoluments that may be paid and given for account of extraordinary services of any member of the department (except when allowed to lie retained by said member), and all moneys received for penalties under tiie provisions Chap. 589.] NINETY-SEVENTH SESSION. 803 of this title, shall be paid into the treasury to the credit of the fire- meu*s insurance fund. The payments so made shall constitute and be insnrance kept as a fund, to be called the " Firemen's insurance fund," and the *^*^*^- president of the department and the commissioners of the sinking fund are hereby declared to be the trustees of the said fund, and they shall have power, and it shall be their duty, from time to time to invest the same, in whole or in part, as they shall deem most advantageous for the objects of said fund ; and they are empowered to make all the necessary contracts and take all necessary remedies in the premises. ^ 22. Section twentv-five of title thirteen of said act is hereby amended so as to read as follows : ^ 25. All buildings hereafter erected within said limits, or as the Banding same may be extended, shall be erected, constructed or built of no St^'^ other material than brick, stone or iron, and all dwelling-houses, stores, storehouses, and all other buildings hereafter to be constructed or built within the said city shall have front and rear walls and side walls on both sides, whether such side walls be outside or party walls, and shall be started and built ux)on foundation of stone or brick. ^ 23. Section twenty-eight of said title thirteen is hereby amended so as to read as follows : ^ 28. All walls, whether party or otherwise, of all brick or stone waiie of buildings hereafter erected in the city, shall not be less than twelve g^J^ne ^^ inches thick, from the foundation or starting place to the peak or buiiciingB, highest x)oint thereof; but any building not exceeding twenty feet in J^^.*®^"®" width nor forty-five feet in depth, may be built above iihe foundation or cellar walls with eight-inch side walls, which walls shall not be over thirty-five feet in height from the level of the sidewalk to the peak or highest point thereof. The cellar walls, of all 'psLiiy or outside walls, which shall exceed forty-five feet in height, and shall not exceed fifty- five feet in height, if built of brick, shall not be less than sixteen inches thick ; exceeding fifty-five feet in height, of not less than twenty inches thick, if built of stone exceeding forty-five feet in heifi^ht, and not exceeding fifty-five feet, the cellar walls shall be twenty inches in thickness, exceeding fifty-five feet in height, twenty-four inches in thickness, and the story next above said foundation shiftll be increased four inches in thickness. But such buildings shall not be used as storehouses or manu&ctories of any kind or description, nor for the purpose of storing any kind of heavy goods, and the side walls of any such building may be built thirty-eight feet high, from the level of the sidewalk to the peak or highest point thereof, if the walls of the first story above the level of the sidewalk shall he built of a thickness of at least twelve inches from the commencement of the foundation to the extreme height of the story above the level of the sidewalk ; but such buildings shall not be used for the purposes of any manufactory of any description, or for a storehouse, or for the purposes of storing any kind of heavy goods. All walls required by law to be eight inches thick, the foundation thereof shall not be less than twelve inches if brick, nor less than eighteen inches thick if stonQ. All walls required by law to be twelve inches thick, the foundation thereof shall not be less than sixteen inches thick if brick, and not less than twenty inches thick if stone. ^ 24 Section twenty-nine of said title thirteen is hereby amended so as to read as follows : & 29. All stone walls, less than twenty-four inches thick, shall have stone at least one header, extending through the walls in every three feet in ^Sye ^^ height from the bottom of the wall, and in every four feet in length ; headers. 804= LAWS OF NEW YORK. [Chap. 589. and if over twenty-four inches thick, shall have one header for every six superficial feet on both sides of the wall, and running into the wall at least two feet. All headers shall be at least eighteen inches in width and eight inches in thickness, and shall consist of a good flat Brick stone dressed on all sides. In every brick wall, every sixth course of cml^tnici^ brick shall be a heading course, except where walls are faced with ed, &c. brick, in which case, every fifth course shall be bonded into the Jback- ing by cutting the course of the faced brick and putting in diagonal headers behind the same, or by splitting the face brick in half and backing the same by a continuous row of headers. In all walls which are faced with thin ashlar anchored to the backing, or in which the ashlar has not either alternate headers and stret<*hers in each course, or alternate heading and stretching courses, the backing shall be of hard burnt brick not less than twelve inches thick, and all twelve inch back- ing shall be laid up in lime and sand or cement mortar, and shall not be built to a greater* height than prescribed for twelve inch walls. All heading courses shall be good, hard, perfect brick. The backing in all walls, of whatever material it may be composed, shall be of such thick- ness as to make the walls independent of the facing, and shall be not less than twelve inches in thickness. ^ 25. Section forty-six of said title thirteen is hereby amended so as to read as follows : Wooden § 46. No woodeu or frame building, whether the same may have a baUdinga. j^ri^j^ front or otherwise, shall be altered, raised enlarged or built upon ; nor shall any such building or buildings be removed from any lot out of the building district to any lot within said district, or as it may hereafter be extended, nor removed from any lot within the build- ing district to any other lot also within the building district, without the permission of the commissioners and the written consent of the next adjoining property owners, first had and filed with the said oommin- sioners, provided, however, that brick-front dwelling-houses and wooden buildings only may be raised, enlarged or built upon under the circumstances and in the manner especially provided for in section forty-one of this title. ^ 26. Section forty-seven of said title thirteen is hereby amended so as to read as follows. W9oden § 41. Every wooden or frame building, with a brick-front or other- dama^ wise, that shall be damaged by fire to an amount not greater than one- by Are. half of the value of said building immediately before such fire, may may"be^^ be repaired or rebuilt pursuant to section forty-one of this title ; but repaired, if g^ch damage amounts to more than one-half of such value, then such building shall not be repaired or rebuilt, but shall be taken down by order of said commissioners. ^ 21. Sectioil forty-eight of said title thirteen is hereby amended so as to read as follows : Amonnt ^ 48. The amount or extent of such damages by fire, in case of a age*by disagreement in relation thereto between the commissioners and the flro, how owners of such damaged building, shall be determined by two disin. mined, terested persons residing in the city, one of whom shall be appointed by the owner or owners of such building, or his or their lawful agent, and one by the commissioners ; and in case such two persons digagree, they shall select a third disinterested person, and the decision in writ- ing of any two of them shall be final and conclusive in the premises, and such building shall not be repaired or rebuilt until after the apppointment of such persons as aforesaid, nor until after their decision shall be made in writing as aforesaid, finding that such damages do not Chap. 589.] NINETY-SEVENTH SESSION. 805 exceed one-half of the value of such building as it existed before such tire. In case it is rebuilt, it shall have a fire-proof roof, and not exceed the provisions of section forty-one of this title. ^ 28. Section forty-nine of said title thirteen is hereby amended so as to read as follows : ^ 49. No brick or stone dwelling-house, storehouse or other building, Brick or now erected or hereafter to be erected, shall be altered, raised, roofed, b^jdlngs, enlarged or built upon in any such manner that, were such dwelling, altering,' store, storehouse or other building wholly built or constructed after the 2cf, of! passage of this act, it would be in violation of any of the provisions of this act. And all buildings built of stone, brick or iron, and all wooden buildings, with or without brick fronts, before the same shall be enlarged, altered, raised or built upon, shall first be examined by the commissioners, to ascertain if the building or buildings, or either of them, are in good or safe conditions to be raised, altered or enlarged, or built upon ; and no such building as aforesaid shall be enlarged, altered, raised or built upon, until after such examination and decision ; and the decision of said conmiissioners, after such examination, shall be made without delay. Whenever said commissioners shall grant a Permit, permit for the erection of any new building, or the alteration of any ^^^^^ ^^' existing building, they shall make a record of such permit, describing the ex^ location, by what number or otherwise, and they shall forth- with transmit a copy of such record to the board of assessors. ^ 29. Title thirteen of said act is amended by adding at the end of the title the following sections : Section 58. No person shall have, keep upon sale, or store in any Combust- place or building within the corporate limits of the city of Brooklyn, expio5?ect to the^ same, said company shall assign and transfer, to the tendent'of Saperintendent of the Banking Department, bonds and mortgages on [J® 2|f *^" anincambered real estate within the State of New York, worth double partment. the amount secured thereby, or shall transfer and assign to the said Superintendent public stocks of the United States, or of the State of New York, or of any incorporated city of this State, authorized by the I/egislature, to the amount of at least twice the estimated value of the income of any such real estate and twice the amount of the value of any such personal estate and property, to be estimated by the Sux)eriutend. ent of the Banking Department ; and the said Superintendent may Snperin- require the amount of such securities so assigned and transferred to him ^ay re- to be increased from time to time, in his reasonable discretion, and the qoire aaid company shall thereupon assign and transfer to said Superin- lu^^^ecL tendent like bonds and mortgages or stocks aforesaid, which shall be held by the said Superintendent of the Banking Department in trust, as security for the faithful performance by said company of any and every engagement, contract or undertaking, by or on the part or behalf of said company as such trustees as aforesaid, and which bonds and mort- gages or stock shall be subject to the sale and disposal of the said Saperintendent of the Banking Department upon the order of the Supreme Court, and upon the assignment of the said bonds and mort- gages and stock, the said Superintendent of the Banking Department shall issue to the said corporation a certiQcate of such &ct, upon the certm. receipt of which the said corporation may commence such business ; *^**®' and an equal amount in value, to be determined by said Superin- tendent, of such stocks, and bonds and mortgages, shall, at all times during the continuance of such business by said company, remain in the possession of said Superintendent of said Banking Dex)artment. Until otherwise ordered by the Supreme Court, the Superintendent of the Banking Department shall pay over to the said company the lotereet interest which shall be received on the securities assigned to him by c^tiSS. the said company, or he may authorize the said company to collect the same for its own benefit. fj 13. The board of directors of said comxxany shall exhibit annually Annual' to the Superintendent of the Banking Department of this State, oif o^^ffai^s.^ such day as he shall appoint, a full statement of their affairs in such a form and verified in such a manner as he shall direct. The Superin- tendent of the Banking Department, should it be deemed proper, may investiga- xefer such statement to a referee, with directions to make a full and ^^°' thorough investigation into the affairs and management of the com- 816 LAWS OF NEW YORK. [Chap. 592. pany, and to report hiB opinion in relation to the ability and integrity with which the affairs are oonducted, the prudence and safety of ite investments, the security afforded to those by whom its engagments sre Expenses held, and the advantage derived by the public from its operation. The thereof, expenses of every such investigation so made shall be defrayed by the company, in sudh sum as the said Sux)erinteiident of the Ba^ang Department shall certify to be reasonable and just snperin- ^ 14 Upon the exhibition of any such annual statement, or upon the may re^ coming in of a referee's report thereon, the Superintendent of the Bank- commend ing Department may recommend to the trustees such alterations and tionsVn amendments in the regulations and by-laws of the company as he sfaalJ by-laws, deem to be required for the public good and a just regard to the security of the creditors. If any recommendation so made by the said Superintendent of the Banking Department shall be neglected, or without just cause disregarded by the trustees, he shall make a full communication of the racts to the Legislature at the first session thereafter, statement & 15, A copy of every statement so made, and of every report of a ^•aiismit-^ reieree thereon, shall be transmitted to the Superintendent of the Bank. tod to ing Department by the president of the company, in thirty days sfUr tondellt'. it shall havo been made or received. individn. § IQ. The Stockholders of said corporation shall be individually liable of stock*^^ for the debts and contracts of the corporation to an amount equal to the uoidoi-8. amount of stock held by them respectively. Such liabilities shall not be enforced until judgment has been obtained and execution thereon has been issued and returned unsatisfied against said corporation. To whom 6 n. The loans on mortgage or hypothecation may be made to indi- mort**** victuals, corporations, associations, States, cities, provinces and towns or gages, other municipal bodies authorized thereto ; and in any case it shall be be malf/. lawful for the borrowef to accept bonds of said comi)any in lieu of Bonds in mouey ou such loans, and in every case the mortgage or hypothecation money, given for the loan and the bonds of the company issued or taken in lieu of money shall be valid and of full force, notwithstanding any difftf- ence there may be between the rate of interest secured or payable on the said bonds of the company, and the rate of interest secured or payable on such mortgage or hypothecation or any difference in the market value thereof, secarity. ^ 18. No loans shall be made by the company on mortgage or by hypothecation of real estate to more than one»half of the estimated value thereof, whon ^19. If at any time by reason of payments made on loans of the me^ve^ company or for any other cause, the amount owing to it on mortgage or bond *^ hypothecation of i^Bal estate, shall be less than the amount of its bonds outstanding, said company shall call in and redeem at jtsa, so much of its bonds as may be necessary to equalize such amounts ; and for this Bonds to purpose the company may cause bonds to be selected by lot drawn or edbylot ^^^^ ^7 * disinterested person or persons appointed by the company. Notice of the lot so drawn, designating the particular bonds to be Notice of redeemed, shall be given by advertising in a daily newspaper published TOdomp. ^ ^^Q jjj^y. q£ -^q^ York at least thirty days next previous to the time of redemption te be therein specified, at which time the company shall pay such designated bonds, and the interest accrued thereon at par on the surrender thereof, and from which time interest on the bonds eo designated shall cease. Company ^ 20. When bonds issued by the (xmrpB,nj shall be held for other money^on parties, it shall be lawful for the company to loan money on the pled^ Chap. 594.] NINETY-SEVENTH SESSION. - 817 thereof, or to nndertake the sale or the pledging thereof for the hold- its bonds ersy for Bach compensation as may be agreed upon, or to purchase such ofher'^ boods. parties. ^ 21. The office of said corporation shall be kept in the city of New ooice. York. 4 22. The stock of said corporation shall be transferable only on the stock, books of said corporation. ftrabJ?""" \ 2S. This act shall take effect immediately. Chap. 593. AN ACT to amend an act entitled " An act to incorporate the Westchester Coimty Trust Company," passed April sixth, eighteen hundred and seventy-one. Passed June 1, 1814* The People of the State of New York, represented in Senate and Assembly, do ena^t as foUows : Section 1. The provisions of an act entitled " An act to incorporate the Westchester county Trust Comi)any," passed April sixth, eighteen hundred and seventy-one, with respect to the organization of the said company, are hereby amended so as to permit of the organization of the said incorporation at any time within one year after this act shall take effect. \ 2. This act shall take effect immediately. CtLap. 694=, AN ACT to incorporate the Harlem Safe Deposit Company. Passed June 1, 1874 ; three-fifths being present. ITie People of the State of New Yorky represented in Senate and Assembly y do enact as follows: Sbction 1. Silas D. Gifford, Addison Smith, Benjamin F. Raynor, corpora- Villium T. Ryerson, TVilliam B. Asten, Jordan L. Mott, Hamilton R. *<>"• Kerr, Joshua H. Bates, Edward P. Steers, Albert B. Whitney and Richard H. Teller and their associates and successors, shall be and they are hereby constituted a body corporate and politic, by the name and corporate style of the " Harlem Safe Deposit Company," and by that name have "*"®- perpetual succesfflon and capacity to sue and be sued in any court whatever. i 2. There shall be a board of directors of the said corporation, con- First fiififeng of eleven members ; and the persons expressly named in the Sfrectors. first section of this act shall constitute the first board of directors of the said corporation, and shall hold their office for one year from the Term of organization of the said corporation and until others shall be elected in *'^*^®- their places ; and the said corporation shall be deemed to be organized corpora- by the election of a president and vice-president of said first board, o,?"^,|!**^ ffom their own number, and a secretary, ized. * Certified by the pr(»iding officer of the AsBembly as having passed the Aflsombly» " threQ< nftliB being present." 818 LAWS OF NEW YOEK. [Chap. 594. By-laws. Annnal election of directors, Ac. Notice. (^aalifica- tions of directors and in- spectors. Vacan- cies, liow filled. Business and ob- jects. Capacitv to acquire and hold real estate. When to be sold. Capital stock. Sabscrip- tions to stock. When cor- poration may com* mence business. Increase of stock. \ 3. The board of directors shall have power to make all sach bv-laws, rules and regulations, not inconsistent with the Ck)nstitution or laws of this State, as may be deemed necessary for the goTemment of its oiiicers and the conduct of its af^irs, and appoint and employ such agents and servants as the exigencies of its a&irs may require* § 4. The first board of directors shall, as soon as may be after their organization, determine and fix the day and month in each year there* after for the holding of the annual election, at which shall be choeen eleven directors and three inspectors of said corx)oration ; and said fixsl board shall publish a notice in a daily newspaper, printed in the city of New York, of the time and place of such annual election, for at lea^t two weeks previous thereto; such directors and inspectors most be stockholders in said con)oration, and shall be chosen for one year, and shall hold office until others are elected in their stead. Any director or inspector ceasing to be a stockholder shall cease to be a director or inspector, as the case may be. The board of directors shall have power to fill all vacancies, however they may hapx)en, in their body, and among inspectors which shall occur between any two annual elections. ^ 5. The business and general object of the said corporation shall be to take and receive a deposit as bailee, for safe keeping and stora^, plate, jewelry, securities, furniture, and other goods and valuables, and personal property, upon such terms and for such compensation as may be agreed on by the said corporation and the bailors, respectively, of any such property as aforesaid ; but nothing in this act contained shall be construed to allow this company to make advances or loan money upon any j?oods or securities deposited with them, or to engage in the business of banking. ^ 6. The said corporation shall have capacity to acquire and hold real estate as follows : 1. Such as may be neoessary for its accommodation in the transaction of its business. 3*. Such as shall have been conveyed to it in satisfaction of debts previously contracted in the course of its dealings. 4. Such as shall have been purchased at sales upon judgments, decrees or mortgages obtained or made for such debts ; and all such real estate as may be acquired by said corporation and which shall not be necessary or convenient for conducting and carrying on its business, shall be sold and conveyed by said corporation within five years from the accruing of the title thereto to the said corporation, unless the said corporation shall procure the certificate of a resident justice of the Supreme Court that, in the opinion of such justice, such real estate could not be sold at a forced sale without material loss to the said corporation. ^ 1. The capital stock of the corporation shall be one hundred thou, sand dollars, divided into shares of one hundred dollars each, and the Sersons herein named as corporators shall be commissioners, whose uty it shall be, within a reasonable time after the passage of this act, on such day and in such place in the city of New York as they, or a majority of them, shall appoint to open books for the purpose of receiving subscriptions, and to keep the same open until the whole of said stock shall be taken up ; and the said corporation shall not com- mence business until one-quarter of said capital shall have been sub- scribed and paid in. The said capital stock may be increased at any time, or from time to time, to not exceeding five hundred thousand dollars, and the board of directors for the time being may, in their dis- >So in original. Chap. 595.] NINETYSEVENTH SESSION. 819 cretion, open books of subscription for snch original stock and for Bucb additional stock, or cause the same to be taken and distributed in such manner as may be just and proper. ^ 8. It sha]l be the duty of the board of directors to invest the capital caDitai to of the said corporation, and to keep the same invested in good securi- ylg^dand ties ; and it shall be lawful for said corporation to make such invest- iiow. ments of its capital and of the funds accumulated by its business, or any part thereof, in bonds and mortgages on unincumbered real estate within the State of New York worth at least fifty per cent, more than the sum loaned thereon, and also in any or all stock or bonds of this State, or the United States and also bonds of any of t)ie incorporated cities and incorporated villages in any of the counties of this State legally authorized to issue such stocks or bonds. ^ 9. The said corporation shall at no time declare or pay to the stock. bitI- holders thereof any dividends, except from its clear net profits, after ^ deducting all losses and expenses from its gross income, up to the time of declaring such dividends. fk 10. Eadi stockholder of said company shall be individually, jointly indiyida. and severally liable to the creditors of, or those holding claims against of stock^-^ said company, to an amount equal to the amount of stock held by him holders. in said company, for all debts and liabilities of the company, but shall not be liable to an action therefor before an execution shall be returned unsatisfied, in whole or in part, against the corporation ; and the amount due on such execution shall be the amount recoverable, with costs, against such stockholder. ^ 11. This act shall take effect immediately. Chap. 595. AN ACT legalizing and confirming the vote taken at the annual towli meeting of the town of Olean, in the county of Cattaraugus, the twenty-fourth day of February, eighteen hundred and seventy-four, to assess and raise money to build the foundation for a bridge over Olean creek, at Martin's Mills. Passed June 1, 1874 ; three-fiffchs being present. The People of tTie State of New York, r&preseiited in Senate and AssevMy, do ena^t as follows: Section 1. The vote taken at the annual town meeting of the town of Olean, in the countv of Cattaraugus, the twenty-fourth day of Febru- ary, eighteen hundred and seventy-four, on a preamble and resolution to assess and raise by special tax two thousand dollars to build the foundation for a bridge over Olean creek, at Martin's Mills, is hereby legalized and confirmed. ^ 2. This act shall take effect immediately. 830 LAWS OF NEW YORK. [Chap. 596. Chap. 596. AN ACT to incorporate the Manhattan • Mortgage Company, Passed June 1, 1814 ; three-fifths being present The People of ihs State of New York, represented in Senate and Assembly , do encLct aefoUoios : Corpora- SECTION 1. Prosper M. Wetmore, Seth D. Mills, Jarvis 8. Baker, ^"* Daniel Stratton, Leonard Rice, William H. Morell, Edward Hogan, R B. Ford, Egbert Hedge, Eugene E. Bogert, Robert W. Murray, James P. Darcy, Edward A. Lawrence, Joseph D. Randall, Henry S. Jackson, Edwin 8. Rollin, Daniel Barret and 8amuel A. McKinley are hereby Corporate constituted a body corporate, by the name of the Manhattan Mortgage name. Company, and by that name shall have succession. Powers. ^ 2. The corporation hereby created shall have the general powers and privileges, and be subiect to the liabilities mentioned and declared in the third title of the eignteenth chapter of the first i)art of the Revi- sed Statutes, and in addition thereto it shall have power : To lend 1. To lend money upon or purchase bonds and mortgages ni)on real Ac^^^* estate situated within the United States. To issno 2. To issue bonds of said company and to sell and dispose thereof; bonds. i^j^^ ^jj^ amount of such bonds outstanding at any time shall not exceed the paid-up capital of said company, and the amount of moneys then owing to said company upon the loans aforesaid ; and such bonds may be made payable to bearer, or may be registered bonds. To receive 3. To receive mont^ys on deposit at such rates of interest as may be deposits. a^pgg(j upon, not exceeding the lawful rate of interest. To sell 4 To sell bonds secured by mortgages upon property situated within guaranty the United States, and to guarantee the payments of tne principal and payment, interest of the same. To pnr- 5. To purchase, hold and convey all such real or personal estate as shall boidr'Ac., be necessary for said company to use in the transaction of its buBinees, ^tate ^' ^^^^ ^ ^^ comx>any may acquire in the collection or settlement of ^ its demands or claims, or purchase or take on tiie foreclosure or enforce- ment of mortgagea Capital ^ 3. The capital stock of said company shall be five hundred thou, stock. gj^^^ dollars, divided into shares of one hundred dollars each ; which capital may be increased from time to time by the issue of additional shares of one hundred dollars each, as said company may see fit, to an amount not exceeding one million dollars. The princix)al office of said company shall be in the dty of New York. % Board of ^ 4. The corporate powers of said company shall be exercised and its directors, b^ainess and affairs shall be conducted and managed by a board of dired;- ors of not less than seven nor more than thirteen, except as provided in this act. The corporators, namely, the persons named in the first section of this act, shall have the management of the company's af&irs, with power to fill vacancies in their own number, until directors shall be (iosen by the stockholders, and shall enter upon the duties of their office, and a Quomm. majority of the corporators shall be a quorum for any business, and a majority of those present at any meeting thereof shall control. Snbscrip. ^ 5. The corporators shall open, or cause to be opened, books of sub- ^piJS scription to the capital stock of said comxMiny, and give due notice stock. thereof, by advertisement in one or more newsxwipers of the city of New Chap. 596.] NINETT-SEVENTH SESSION. 821 York. Each subscriber shall pay ten i)er cent, of the amount of shares he subscribes for at the time of subscription, or his subscription shall be invalid. In cases where subscription books are opened for an increase of capital, the holders of shares theretofore issued, and then outstand- ing, shall have a preference in subscribing to such extent and in such manner as the board of directors shall determine. The said comx)an7 shall have power to call in the amount of capital by installments! If any subscriber shall fail to pay any such installment, after sixty days' notice requiring payment thereof, the shares on which the installment shall be in arrear, together with all previous payments thereon, shall be forfeited to the use of said company. The said company may commence BnainesB, business whenever the majority of the capital shall have been sub- ^Jjjf ^ scribed and twenty-five per cent shall have been paid in thereon. mence. ^ 6. The first election of directors shall take place at a stockholders' First ciec- meeting, to be called by the corporators at the company's office in New J^ctori.***' York, at such time as the corporators shall, for that purpose, appoint, after a majority of the capital stock shall have been subscribed for, of which notice shall be given in one or more newspapers published in Notice. the city of New York, for at least ten days next previously. Each shareholder shall be entitled to cast one vote for each share of stock of said company standing on the books in his name ; the corporators shall « designate inspectors of such election ; and the election shall be held and How con- conducted according to the regulations concerning the election of direct- ^"<^^«d- 0T8 of moneyed corporations contained in the second article of the second title of the eighteenth chapter of the first ipaxi of the Revised Statutes. The said first stockholders' meeting shall have power to By.iawa. make by-laws, which shall control the directors and officers of the com- pany, and regulate its aflfeirs ; provided the same be not repugnant to this act, nor contrary to law. ^ 1. The board of directors sh^ll exhibit to the Comptroller of this sutemont State, whenever required by him, a full statement of the company's tSoUer^and affiiirs, in such form and verified in such manner as he shall direct ;' and invesUga- the Comptroller, if he sees fit, may refer such statement to a referee, JJS^ of ^'^^ with directions to make full and thorough investigation into the affairs company, and management of the company, and to report his opinion in relation to the ability and integrity with which its affairs are conducted, and the prudence and safety of its investments and the security afforded to those by whom its engagements are held ; and the expenses of every Expenses, such investigation shall be defraved by the company in such sum as the Comptroller shall certify to be reasonable and just. The Comp- Beferee-s troller shall furnish a copy of said referee's report to the company, and '^p^'"'- he may also bring to the attention of the Legislature such annual report and such referee's report thereon, with any recommendations he may deem fit to make in respect of the comx)any. The books of the company shall be open for inspection to the Comptroller of this State, and to such other persons as the Legislature or Comptroller may designate for that puimose at all times during hours of business. ^ 8. The stockholders of said company shall be individually liable Liability for Ihe dues of the company to the amount of their respective shares, hoidSrs.' but such liability shall not be enforced against any stockholder until after judgment has been recovered against said company for said dues, and execution has been returned unsatisfied thereon. h 9. The loans on mortgages above mentioned may be made to indi- To whom viduals, corporations, associations, States, cities, provinces and towns or b*e*made!^ other municipal bodies authorized thereto ; and in any case it shall be lawful for the borrower to accept bonds of said company in lieu of 8aa LAWS OF NEW YOEK [Chap. 597. money on such loans, and in every Bucb case the mortgage given for the loan and the bonds of the company issued or taken in lieu of Interest, money shall be valid and of full force, notwithstanding any difference there may be between the rate of interest secured or payable on the sud bonds of the company and the rate of interest secured or payable on Bonds such mortgage. It shall be lawful for said company to make either the ^yabfe In principal Or mterest, or both, or any of its bonds payable in the gold coin iroid coin, of the United States or in any other currency, domestic or foreign, and in such case it shall be bound fully to make good the same to the holder. Not to \ 10. No loan shall be made by the company on mortgage of leal o^cera of estate to more than one-half the estimated value thereof. No loan company, shall be made to any director or officer of the company, nor shall any loan or advance of money be made at a rate of interest exceeding the legal rate in the State in which the land on which said loan or advance is made is situated. ^ 11. This act shall take effect immediately. Chap. 597. • AN ACT to amend section nine of chapter five hundred and eight of the laws of eighteen hundred and seventy- three, entitled " An act to incorporate the Long Island Loan and Trust Company." Passed June 1,1814.* TTie People of the State of New Tork, represented in /Senate and Assembly, do enact a^foUotos : Sbction 1. Section nine of chapter five hundred and eight of the laws of eighteen hundred and seventy-three, entitled ** An act to incorporate the £ong Island Loan and Trust Company" is heieby amended so as to read as follows : Liability ^ 9. The Stockholders of sdid corporation shall be individually liable hoid^' ^^^ ^^® debts and contracts of the corporation to an amount equal to the amount of stock held by them respectively. Such liabilities ^all not be enforced until judgment has been obtained and executioQ thereon issued and returned unsatisfied against said corporation, and the corpo* ration hereby created shall be subject to the provisions of titles three and four, chapter eighteen, part first of the Revised statutes ; and the Half-year, said directors shall nmke out and transmit to the Superintendent of tiie ly reports. Banking Department half-yearly reports as to the condition and standing of said association hereby constituted, as provided for bank reports by act passed May twenty-six, eighteen hundred and forty-one, chapter three hundred and nineteen, entitled '' An act to amend an act entitled Impair- ' An act to authorize the business of banking.' '' If the capital stock S^Stai' ^^ ^d comjyany shall, by any reason become impaired, the stock- Btook. holders shall be liable for the debts and liabilities of said company to the extent of such impairment. § 2. This act shall take effect immediately. • Certified by the presiding officer of the Senate as haying passed the Senate, *' three fifths being present." Chap. 599.] NINETY-SEVENTH SESSION. 823 Chap. 598. AN ACT authorizing the electors of the town of Olean, Cattaraugus county, at their next annual town meeting, to vote a special tax for the building of a bridge over Olean creek at Martin's Mills. Passed June 1, 1814 ; tbree-fifths being present. The People of the State of New York, represented in Senate and Assembly^ do enact asfoUotos : Section 1. The electors of the town of Olean, Cattaraugus county, are heAby authorized, at their next annual town meeting, to vote a special tax, not to exceed the sum of three thousand dollars, for the building of a bridge over Olean creek at Martin's Mills, in said county. ^ 2. This act shall take effect immediately. Chap. 599. AN ACT to amend an act entitled " An act to authorize the town of Ellisburgh, in the county of JeflFerson, to raise money to build a town house," passed May first, eighteen hundred and sixty-nine. Passed June 4, 1814 ; three-fifths being present. Ths People of the State of New Torky represented in Senate and AssenMy^ do enact as follows: Sbction 1. The action of the special town meeting of the town of Action of Ellisburgh, held on the twenty-seventh day of May, eighteen hundred JJ^^*** and sixty-nine, as authorized by an act passed May first, eighteen "®®{}"«^ hundred and sixty-nine, entitled " An act to authorize the town of ^^ *** * Ellisburgh, in the county of Jefferson, to raise money to build a town- house," is hereby legalized and coirfirmed, and the supervisor and Saper- justioes of the peace of the town of Ellisburgh are hereby authorized /nsti^erto and directed to issue the bonds of the said town of Ellisburgh, and to ™«g ^^^ build and complete the said town-house within one year from the complete passage of this act as provided in the " Act to authorize the town of ^^^ Ellisburgh, in the county of Jefferson, to raise money to build a town- house," passed May first, eighteen hundred and sixty-nine. \ 2. This act shall take effect immediately. 824 LAWS OF NEW tORK. [Chap. 600. Ohap. 600. AN ACT to amend an act entitle^ an act to convey to creditors a just division of the estates of debtors who convey to assignees for the benefit of creditors, passed April thirteenth, eighteen hundred and sixty. Passed June 4, 1874. The People of the 8tate of New Torkf represefded in Senate and AaseDiMyj do enact aa follows : Sectiok 1. Section two of chapter three hundred and forty^ight of the laws of one thousand eight hundred and sixty, is hereby ameoied by adding at the end thereof as follows : Asdfin- 8. But in case such debtor or debtors shall omit or refuse to make Sadein- *^* deliver such inventory or schedule and affidavit as above spedfied, valid by the assignment shall not for such reason become invalid or be ineffectual ; nSgnor^ but in such case the assignee or assignees named in such assignment, to deliver may, within six mouths after the date thereof, cause to be made and Aeaignee ^^® ^^ ^^® clerk*s oflSce of the county where such debtor or debtors mav make resided or conducted their business at the date of such assignment, invent an inventory or schedule of all the property of such debtor or debtors tory. which he or they may be able to find ; and for that purpose the county Debtor judge of such county may, at any time, compel such delinquent debtor Srapetied ^^ debtors to disclose any knowledge or information he may have rela- te dis- tive to the matters hereinbefore mentioned in the manner prescribed ^***®' in the fourth section of this act Assignee 9. Such county judge may, by an order to be entered in the county vertisl? for clerk's ofiice of such county, authorize such assignee or assignees to claims, advertise for creditors to present to him or them their claims, with the vouchers duly verified, on or before a day to be specified in such adver- tisement or notice, not less three months from the date of the first publication of such notice, which advertisement shall be by publication once in each week for four successive weeks in such newspapers printed in the county where such assignment was made, as the county judge shall designate in the order authorizing such publication, and if the assignee have reason to believe that any creditor entitled to share in the distribution of such trust estate reades out of this State, he shall ateo cause such notice to be published once in each week for six successive weeks in the official newspaper of this State, and the assignee or Assignee assignees of such debtor or debtors, shall by the order or decree of the protected. ^^ couuty judge made on the final accounting of such assignee, be pro- tected against any claim or demand not presented in compliance with such notice before such accounting shall be had. Provi- ^ 2. The provisions of section one pf this act shall apply to all casrs Mctfon^ of assignments heretofore made under any of the provisions of chapt4?r one ap- three hundred and forty-eight of the laws of one thousand eight hun- exbUng dred and sixty and its amendments which are now depending unsettled, cases. ^ 3. This act shall take effect immediately. Chap. 601.] NINETY-SEVENTH SESSION. Chap. 601. AN ACT to amend an act entitled An act to incorporate the New York Bridge Company, for the purpose of con- structing and maintaining a bridge over the East river between the cities of New York and Brooklyn, passed April sixteenth, eighteen hundred and sixty-seven, and to provide for the speedy construction of said bridge. Passed June 5, 1814 ; thiee-fifbhs being present. The People of the £^ate of New York, represented in Senate atid Assembly f do enact as follows: Sbction 1. When the cities of New York and Brookljrn shall, by vote Board of of the oommon councils of said cities respectively, or when either of 2„JJJiJ2J^^;j said cities shall so accept the provisions of the third section of this member, act, and when the owners of two-thirds of the private stock of the New ^\ h^^" York bridge company shall accept the provisions of the second section ^^/^^jfj' of this act, then and thereafter the board of directors of the New York ^ ° bridge company shall consist of twenty members to be appointed as follows : The mayor and comptroller of the city of New York shall appoint eight of such directors, and the mayor and comptroller of the city of Brooklyn shall appoint eight of such directors. The mayors and ex officio comptrollers of said cities respectively shall, by virtue of their offices, ™«™^«"' be directors of the said company, and, with the persons to be api)ointed as aforesaid, shall constitute the board of directors of the said company. Any vacancy occurring in said board, by reason of death, resignation, vacancy removal from*, or by neglect to attend the regular meetings of the**^^***^®^* board for a period of three months, unless prevented by sickness or excused by a vote of the board, shall be filled in the same manner as the director, whose place shall become vacant was appointed. Direc- tors appointed to fill vacancies shall hold their places for the unex- pired part of the term of the directors in whose places they may be appointed. The directors appointed, in pursuance of this section, shall Term of hold their places until said bridge is completed or open for travel. *'**^- § 2. Whenever any private stockholder of the New York bridge Rii^hts of company shall give his assent to this act, by an instrument in writing, ^£ok^ signed and acknowledged by him, so as to entitle it to be recorded, hoidwi, and the same shall be duly recorded in the offices of the registers of ^J^ *** the dty and county of New York, and of the county of Kings, respec- tively, the directors to be appointed under the xirovisions of this act, on behalf of the cities of Brooklyn and New York, are hereby author- ized to purchase the rights of any such private stockholder in the said company, which righto shall be determined by the amount paid by each of said stockholders, together with the interest on the same from the time of payment, and to provide for the payment thereof, upon such terms as they may be able to agree upon. ^ 3. The said bridge is hereby declared to be a public highway for Bridge to the purpose of rendering the travel between the cities of New York Sj hiS^ and Brooklyn certain and safe at all times, subject, nevertheless, to way. * • So in original. 58 LAWS OF NEW YOEK. [Chap. 602, Bucli tolls and pradential and police reffulations as the said board of directors shall, from time to time, estabush and prescribe, and for the purpose of completing the same the cities of New York and Brookljm respectively, in addition to the amounts already subscribed by them, Bonds, are authorized to issue bonds, bearing interest, not to exceed seven per cent, per annum, and to provide and pay to said comx)any in the manner The eitioB heretofore paid by them, the followim^ sums of money, viz. : The city York and ^^ ^^^ York, the sum of five hundred thousand dollars in each of tbe * Brooklyn years eighteen himdred and seventy-four and eighteen hundred and JlJSitionai seventy-five, and the city of Brooklyn the sum of one million dollars in atook. each of said years, and the cities of New York and Brookl3rn shall hold and be invested resx>ectively, with the stock in said company, in addi- tion to such as thev may otherwise hold, equal to the amount so to be Increase paid by them as aforesaid, for which purpose the capital stock of said of stock, company shall, by virtue of such x)ayment, be increased to the amount thereof, from time to time as the same shall be paid. Interest ^ 4 Th^ Said company shall be chargeable by the comptrollers of the chaw?" cities of New York and Brooklyn res^j^ctively, witii all interest on the able to bonds issuod by them under this act, and the sums required to pay such company. i^iie^Qg^ g^u^}] ^ withheld by them annually firom the appropriatiOQ provided for in the preceding section, and shall form and be charged oq the books of said company as part of the cost of construction of said Income to bridge. On the completion of said bridge, the income derived from the towurds^^ same by tiie cities of New York and Brooklyn shall be applied towards pavmont the payment of the principal and interest of all bonds issued by the of bonds, g^^ cities for their stock in said brieve. In the year eighteen hundred Payment and seventy-nine, and annually thereafter, there shall 1^ paid into the in^fond.' linking fund of said cities respectively, one hundred and fifty thousand dollars, for the purpose of paying said bonds at maturity, and any Peflcien. deficiency in the amount of principal or interest annually required, sappUed. ^^^^ ^ raised in the annual taxes of the said cities respectively. ^ 5. All acts and peats of acts inconsistent with this act are hereby repealed. ( 6. This act shall take efiect immediately. ^ Chap. 603. AN ACT to provide for the liquidation, funding and pay- ment of the debts of the town of Newtown, in Queens county, as apportioned between Long Island City and the town of Newtown. Passed June 5, 1874 ; three-fifths being present T?ie People of the State of New York, represented in Senate and Assembly^ do enact cls fodows : Board of SECTION 1. The i^rsons holdii^ the offices of mayor of Long Island Stated?"" City and of supervisor of the town of Newtown, and of supervisor of Long Island City, are hereby constituted a board of audit for the ex- amination of all debts, obligations and liabilities of the town of New- town, existing at the time of the passage of the act entitled '^ An act providing for the division of the town of Newtown, in Queens county, and the apportionment of the town proi)erty and town debts," passed March twenty-seventh, eighteen hund^ and seventy-one, or whidi had been authorized or duected by an act then existing, and shall Chap. 602.] NINETY-SEVENTH SESSION. 837 poaBOflS the power and "pertoTm the duties hereinafter prescribed, and in case of the death of any one of the said persons, his suocessor and the survivors may exercise the powers hereby conferred. ^ 2. Within ten days after this act shall take effect as a law, it shall orRaniza- ^ be the duty of the several persons referred to in the last preceding ^®'*' section to meet together and organize a boiurd, of which board the mayor of Long Island City shall be the presiding officer, and before proceeding to the discharge of any fiirther duty each of the said per. oath to sons shall take and subscaibe an oath fidthfully to perform the duties ^ **^®°* imposed upon him by this act, which oath may be taken before any officer authorized to administer oaths, and slutll be filed in the clerk's ij&ee of Queiens county. ^ 3. The said board, within ten days after its organization, shall Notice, cause notice to be published in all the newspax)ers printed in Lone coiuiin Island City, and in the town of Newtown, setting forth that the board will meet at a time and place to be specified in such notice, and not leas than twenty days after the first publication thereof, to -perform the' dtitieB imposed upon them by this act, and requiring all persons having claims or demands against the town of Nevrtown, existing at the time of the division of the said town pursuant to Uie said act, and whether then due and payable, or thereafter to become due and payable, to attend before the said board at the time and place mentioned in such notice. ^ 4. It shall be the duty of the several persons composing the said Dntios or board to meet at the time and place specified in such notice, and hear ^'^^' and examine the several claims and demands presented to them, and to adjourn from time to time as may be necessary for that purpose ; and in case all the members of the said board diall concur in the Decision, allowance of any claim or demand, the decision of the said board ^^^ shall be final and conclusive upon all parties, and the said claim or demand shall be deemed a just and valid debt of the town of Newtown, and entitled to be funded or paid, at the election of the creditor, under the subsequent provisions of this act ; but in case the members of the Proceed- said board shall be divided in opinion as to the justice of any claims mS,bere'* or demands presented to them against the said town, or shall question of board or deny the liability of the said town to pay such claims or demands, Jfdo'd." then and in every such case the said boara, or any member thereof, in the name and on the behalf of Long Island City and the town of New. town, shall, within sixty days, through their counsel, present a petition Petition duly verified to the Supreme Court, at any special term thereof to be ^|^g held in the second judicial district, setting forth that the claims or court. demands therein mentioned or referred to have been presented to the said board of audit, and that the members of the said board are divided in opinion as to the justice thereof, or question or deny the lia- bility of the town of Newtown to' pay the same ; and upon such peti- Jnrisdic- tion being presented, the said Supreme Court shall hav^ jurisdiction to coq^J^ adjudicate upon the said claims or demands, and upon all questions arising thereupon, and to determine the amount due, or to become due, to the persons respectively claiming to be creditors of the said town of Newtown in respect to the subject-matter mentioned in the said peti- tion, and the liability of the said town of Newtown at the time of the division of the said town to pay the same. And iii case the claims or demands referred to in said petition shall form part of a class or series, it shall be sufficient to authorize the said coiurt to acquire jurisdiction over the whole class or series of which the claims or demands pre- sented shall form a part, for the said petition to set forth the &cts in & 5. Upon the said petition bein^ presented to the said oourt, and bejbre any further proceedings shall be had, the said court shall require 828 LAWS OF NEW YORK- [Chap. 601 relation to the claims or demands xiresentedy and that such claims or demands are parcel of an alleged class or series ; and thereupon tbe said court shall have jurisdiction to adjudicate upon the whole class or series of alleged debts, of which the claims or demands presented shall form a part, and upon all questions arising thereupon, and to determine the amount due or to become due to the holders resx)ectively of the Separate same. And the said board, or any member thereof, in the name and Sfay^'be ^^ ^® behalf of the said Long Island City and town of Ne¥^wn,may, prttsented. by their counsel, from time to time, present a separate petition for eadi class or series of claims or demands to the said court, duly verified, mi thereupon the said court shall be deemed to have acquired, and may exercise the jurisdiction hereinbefore conferred in respect to the claims isBnes of or demands embraced in such separate petition. Issues of &ct in any £uli^^^ proceedings commenced pursuant to this section may be tried by jury direct Notice to persons tobeored- notico to be given to all persons claiming to be creditors of the said ito»> town of Newtown, in respect to the subject-matter mentioned in the said petition, which notice shall be publidied in such newspai)er8, and for such x>eriods of time, as may be directed by the court, and shall also be published in such other manner as the said court mav deem reasonable and proper, or i^all be served on the said persons cUiming to be such creditors, as the said court may direct ; wnich notice shall require all persons having any claim or demand of the description referred to in the said petition against the said town of Newtown, existing at the time of the passage of the act for tiie division of the said town, on the twenty-seventh day of March, eighteen hundred and seventy-one, to present such claims at a time and place to be fixed by the court, or be precluded from commencing or maintaining any action Power of for the recovery thereof; and the said coud; shall have fiill power to the court adjudicate upon such claims, and the amount then due, or thereafter to become due, to any claimant, and to make such determination there- upon as may be just. May ap. ^ 6. The Said court shall have power to appoint a referee for any of referee. ^^® purposes contemplated by this act Costs. ^ 7. The said* court may award costs to, or impose the payment of costs upon, any person or party litigating in respect fo the said claima> as may be just. AppeaL ^ 8. Any person or party aggrieved by any order or adjudication of the said court may appeal therefrouL Such appeal shall be taken within the time limited for appeals in civil actions, and the provisions of law applicable to appeals in civil actions shall apply thereta When ^ 9. In the cases in which the said board of audit shall concur in the lowif^ ^' allowance of any claims or demands which shall have been presented to claims, them, it shall be the duty of the said board to pass a resolution to that must be^'' effect Specifying the claims allowed, and the amounts thereof, and the passed, names of the cmimants, and a copy of the said resolution, certified by copj to the presiding officer of the said board, shall be filed in the office of the ^ **^- clerk of Long Island City, and in the office of the town clerk of New- Copy of town ; and in the cases which shall come before the said supreme court to be flSd' for adjudication, a copy of the final order of the said court, and of the final order of the appellate court, if appealed from, shall be filed in each of the said offices, and in all cases which shall be decided by the Chap. 602.] NINETY-SEVENTH SESSION. 829 said board of audit or by the said Supreme Court, it Bhall be lawful for the said board or court to allow or refuse interest as may be just. ^ 10. The proportion of the debts allowed by the said board, or adju- Propor- dicated by the said court, against the town of Newtown, to be borne Hji^ kJ'® and paid by the said Long Island City, shall be sixty-two and two- ^o^^- &Qtb9 per cent., and the proportion thereof to be borne and paid by Lnd tom the town of Newtown shall be thirty-seven and eight-tenths per cent. Jj^®^" as apportioned by the act for the division of the town of Newtown, ^^'** mentioned in the first section of this act, and the said debt in the pro- charge, portions aforesaid is hereby made a charge upon the taxable property, real and personal, of Long Island City, and of the town of Newtown respectively. § 11. All sum or sums of money which shall have been paid, or which Pay- shall hereafter be paid by the said Lone Island City or town of New- "ow^to be town, in satisfaction of the debts allowed by the said board as adludi- credited. cated b^ the said court against the town of Newtown shall be creaited to the city or town paying the same as part of the percentage of said debts charged upon such city or town, and referred to in the last pre- ceding section of this act. ^ 12. For the purpose of paying or providing means for the payment Bonds, of the aforesaid proi)ortion of the said debt, to be borne and i)aid by cSSSSu^u, Long Island City, it shall be the duty of the common council to issue issue. the bonds or obligations of said Long Island City under the seal of the aaid city, and authenticated by the signatures of the mayor and dty clerk, in sums not less than five hundred dollars each, drawing interest at seven per cent, a year, with coupons attached, signed by the dty clerk, for the payment of said interest, on the first day of February and August in each year, which bonds shall be called the funded debt of Long Island City for Newtown debt, and shall be so drawn that the How pay- prindpal therein mentioned shall be and become payable in classes or ***^®- series in the amounts and on the first day of February in the years spedfied in the said bonds or obligations, commencing on the first day oi February, in the year eighteen hundred and seventy-nine, when twenty thousand dollars of principal shall become due and payable, and twenty thousand dollars in each year thereafter, until the whole amount shall be paid and discharged ; which bonds or obligations shall Bonds to be a charge upon all the taxable property, real and personal, of Long ^^e. Island City ; and it shall be the duty of the common coundl, in the annual tax levy next preceding the maturity of the prindpal and interest of any of the said bonds or obligations, to levy, assess and Tax. collect the sums of money necessary for the payment thereof, with the general taxes for dty purposes, and the provisions of the charter appli- cable to such taxes, and the assessment and collection thereof, shall apply to the tax hereby authorized and directed. ^ 13. For the purpose of paying or providing means for the payment Bonds, of the aforesaid proportion of the said debt, to be borne and paid by JnS^towS' the town of Newtown, it shall be the duty of the supervisor and town ^^^^ clerk of the said town to issue the bonds or obligations of the said town '*®' of Newtown, authenticated by the signatures of the said supervisor and town clerk, in sums not less than five hundred dollars each, drawing interest at seven per cent, per annum, i)ayable on the first day of March and September in eac^ year, with coupons attached, signed by the town clerk, for the payment of said interest which bonds or obligations shall be known as the funded debt of Newtown, and shall be so drawn that no part of the prindx)al sum therein mentioned shall become due when and i)ayable before the firet day of March in the year eighteen hundred p*^*^^®- 830 LAWS OF NEW YORK. [Ghaf.602. Bonds to be R charge. Tax for payment thereof. Bonoard, when to cease. and aeventj-nine, and shall be arranged in such classes or series that twenty thousand dollars of the said principal shall be paid on the said first day of March, in the year eighteen hundred and seventy.nine, and twenty thousand dollars of principal shall be payable and paid on the first day of March in each year thereafter until the full payment of the whole amount of the said proportion of the said debt to be borne and paid by the said town of Newtown shall be paid and discharged. And the said bonds or obligations hereby authorized to be issued are hereby declared to be a charge upon the taxable property, both real and per- sonal, of the said town of Newtown ; and the supervisors of Qneens county shall from time to time, in the tax levies respectively next pre- ceding the maturity of the principal or interest of any of the said bonds or obligations, assess, levy and collect against the property, real and personal, of the said town of Newtown, and in the same manner as other taxes, State, county and town, are assessed, levied and collected, the amounts necessary for the payment of the interest and principal of the said bonds or obligations ; and shall include the same in the tax- warrant to be issued by the said supervisors, according to law ; and ilM supervisor of the said town shall pay the said interest and principal of the said bonds or obligations as the same shall fall due respectively. ^ 14. If the creditors entitled to receive the debt aforesaid are willing to accept the bonds or obligations authorized by this act in pavment thereof, it shall be lawful for the common council of Lou^ Islana Ci^, and for the supervisor of the town of Newtown, to deliver the said bonds or obli^tions in payment at par to such creditors ; and the said common council of Long Island City, and the said supervisor of the town of Newtown, shall be and they hereby are authorized and empowered to dispose of the said bonds or obligations at not less than par to any person or persons willing to purchase the same, and use the money in payment of the said debt. & 15. The said board of audit shall keep minutes of its proceedings, and shall "be authorized to employ counsel for any purpose contran- plated by this act, and may employ a clerk at such salary as they may think reasonable. Each member of the said board shall be entitled to three dollars a day for each day spent in the performance of his duties under this act, whidi compensation and the expenses incurred by the said board for counsel fees, clerk hire, printers' bills, and aU other necessary disbursements, and also any costs which may be imposed upon the said dty or town by the said Supreme Court, shall be adaigie upon Long Island City and the town of Newtown, in the x»opartioDB fixed for the pavment of the aforesaid debts. And the common cooncil of said dty, and the supervisor of said town, are resx>ectively hereby authorized, temix>rarily, to borrow money for the payment of the pro] tion chargeable to such dty or town of the costs and expenses attei the execution of the provisions of this act, and the amount thereof be included in and paid out of the next annual tax levy. § 16. The powers conferred by this act upon the members of the board of audit, in the examination of claims and demands prctonted to them, shall cease and determine at the expiration of six months from the time of the passage of this act ; but sudi x)Owers shall contmue in respect to the legal proceedings initiated by the said bourd, in pursu- ance of this act, until the final end and determination of sudi proceed- ings. And it is hereby made the duty of the said board to take the charge and control of the said legal proceedings, on behalf of the fltfd dty and town. ^ 17. This act shall take effect immediately. Chap. 604.] NINETY-SEVENTH SESSION. / Cliap. 603. AN ACT to repeal chapter three hundred and forty-six of the laws of eighteen hundred and sixty-five, entitled "An act authorizing the election of chiefs and clerk of the St. Regis Indians and definding their powers/' passed April tenth, eighteen hundred and sixty-five. Passed June 6, 1814 The People of the State of New Tork^ represented in Senate and Assembly y do enact a^ foUaws : Sbction 1. Chapter three hundred and forty-six of the laws of eigh. Repeal, teeu hundred and slxty-flve, entitled ''An act authorizing the election o| chiefs and clerk of the St. Regis Indians and defining their powers," piust^d April tenth, eighteen hundred and sixty-five, is hereby repealed. 1 2. This act shall take effect immediately. Chap. 604. AN ACT to provide for the surveying, laying out and monumenting of certain portions of the city and county of New York, and to provide means therefor. Passed June 5, 1874 ; three-fifths being present The People of the State of New York, represented in Senate amd Assembly y do encu^ asfoUows : SficrioN 1. The commissioners of the department of public x>arks of Powen of the dty of New York shall have and possess exclusive power to lay JionSSTof oat, survey and monument all streets, roads, avenues, public squares parin to and places within that part of the city of New York, north and east of i^ey" a line commendng at the termination of the southerly line of One Hun- a°d ^on- iiei and Fifty-fmh street, at or in the Hudson river, running thence aweeta, easterly along said southerly line of One Hundred and Fifty-fifth street, ^^q|J[* and a prolongation of said line to the middle of Harlem river, and run- ning thence southerly, along the middle of the said Harlem river, to the Sound north of B^ndePs* Lsland, of such width, extent and direc* tion, and upon such grades as to them, or a majorty of them, shall aeem most conducive to the public good ; and to change the location, change or width, course, windings and grades of the streets, avenues and roads, ^J^'^o. now laid out within the said part of the dty of New York ; or to dis- oontinue and close the same or any portion thereof, as to the said com- miflsioners, or a majority of them, shall seem most conducive to the public interest ; and in Hke manner to devise and preparo plans for the sewerage proper sewerage and drainage of that portion of the dty of New York, J^^'*"^- oamprised in the twenty-third and twenty-fourth wards of said dty. ^ 2. It shall and may be lawful for the said commissioners of the Bight of department of public parks, and for all persons acting under their •*^'^^- authority, to enter in the day time into and upon any lands, tenements «So in original. 832 LAWS OF NEW YOEK. [Chap. 604. and hereditaments which the^ shall deem necessary to be surveyed, used or converted for the laying out, surveying and monumenting of any such streets, avenues, roads or public squares or places ; and the Maps to said commissioners shall cause three sinular maps or plans and profiles be made, ^f ^Jjq gtreets, aveuues, roads or public squares or places so to be laid out by them as aforesaid, and of the shores bounding the lands by ibsm surveyed, to be made, showing the width, coorae, windings and gradee of su(di streets, avenues, roads and public squares and places, aoconu panied with such field-notes and explanatory remarks as the nature of To be cer. the Subject may require, which maps, plans and profiles, together with ^^' ' such notes and remarks, shall be certified to by the presiaent of the said board of commissioners of the department of public x>ai'kB, or by one of the officers or commissioners of said board designated by said board for that purpose, before any x)er8on authorized by law to take To he acknowledgment of deeds and conveyances, and be filea, one in the ^^^ • office of the Secretary of State, to remain of record, one in the office of the register of the city and county of New York, and the othler of said mape in the office of the said commisoioners of the department of public parka The said commissioners shall not be required to complete the laying out of all the streets, avenues and roads, public squares and places to be laid out pursuant to this act, before filing maps and plans for any portion thereof, but whenever they shall deem the public interest so requires, they may file in the offices hereinbefore designated, maps, plans or profiles, certified to, as hereinbefore provided, of such streets, avenues, roads, public squares and places as they may then have laid out, or any one of such streets, avenues or roads, public squares or places ; accompanied by such field-notes and explanatory remarks as hereinbefore provided, and all the provisions .of this act shall be applicable to the streets, avenues and roads, public squares and places exhibited upon the maps, plans or surveys so filed ; but such streets, avenues and roads, public squares and places, or so much or such xx)rtions thereof as the said conu missioners or a majority of them shall deem proper, shall be again exhibited upon or in connection with the maps, plans or surveys filed Monn- upon the completion of the whole work. The said commissioners shall ™®'***' erect suitable and durable monuments whenever they, or a majority of them, shall deem it necessary to define and designate said streets, avenues, roads, public squares and places, the location of such mona. ments to be noted upon the maps or plans and profiles filed by them. Hape^Ac., ^ 3. Th& nuips, pians and profiles of the said commissioners of &e kToatioD^^ department of public x)arks, made and certified to as hereinbefore width and provided, shall be final and conclusive as to the location, width and fti^tB,^^ grades of the streets, avenues and roads, public squares and places ^' exhibited on such maps, plans and profiles, as well in respect to the mayor, aldermen and commonalty of the city of New York, as in respect to the owners and oooupants of lands, tenements and heredita. ments within the boundaries aforesaid, or affected by said streets, avenues, roads, public squares and places, and in respeot to all other persons whomsoever. CommiB. & 4. The commissioners of the department of public parks, for and ia may^ao- behalf of the mayor, aldermen and commonalty of the city of New quire tiUe. York, are authorised to acquire title for the use of the public, to all or any of the lands required for the streets, avenues and roads, pnblio squares and places so laid out by them, in the twenty-third and twenty- fourth wards of the said city of New York or any x>ortion of said streets, avenues, roads, public squares and places in the said twenty- third and twenty-fourth wards of said dty, whenever they shall deem Chap. 604.] NINETY-SEVENTH SESSION. 883 it for the public interestB so to do ; and Buch oommissioneTfl, or a Proceed- majority of them, may for that purpose make application to the |g«8^er«- Supreme Court in the first judicial district for the appointment of com^ misidoners of estimate and assessment, specifying in such application the lands required for that purpose, and the proceedins^ to acquire title to such lands shall be had pursuant to such actsas shall then be in force relative to the ox>ening of streets, avenues, roads and public squares and places in the city of New York, which said acts, so lar as the same are not inconsistent with the provisions of this act, are hereby made applicable to the streets, avenues, roads, public squares and places so , laid out or to be laid out by said commissioners of the department of* public parks, in the same manner and to the same extent as if the said streets, avenues, roads, public squares and places had been originally laid down as and for public streets, roads, avenues, squares and p]aces by the commissioners appointed in and by the act entitled '^An act relative to improvements touching the laying out of streets and roads in the dty of New York, and for other purposes," passed April third, one thousand eight hundred and seveif, except tiiat the said commis- assosss. sioners of estimate and assessment who may be appointed as herein ^^^^ J^^^ provided, may assess for such opening all such pBoties and persons, lands and tenements as they may deem to be benefited by such im- piovement, to the extent which said commissioners of estimate and assessment deem such parties, persons, lands and tenements benefited thereby, provided that as to streets, avenues or roads which shall ProviBo. be, in the opinion of the said commissioners of estimate and assessment, or a majority of them, more than one mile in length, not more than one-half of the amount awarded for damages, and of the expenses attending such ox)ening, shall be so assessed ; the amount of such damages and expenses not so assessed being hereby made a charge upon the city of New York, to be paid as hereinafter provided. The moneys collected upon the assessment of the commissioners of estimate and assessment shall be paid into the county treasury. ^ 5. No compensation shall be allowed for any buildings, erection or Compen- construction which at any time subsequent to the filing of the maps, ||^y^^^ plans or profiles mentioned in the second section of tins act, may be Ac. built, erected or placed in part or in whole upon or through any street, avenues, road, public square or place exhibited upon such maps, plans or profiler ^ 6. The damages awarded bv commissioners of estimate and assess- Damages, ment, appointed pursuant to the provisions of tiiis act, shall become abie?^^^' due and payable immediately upon the confirmation of the report of said commissioners of estimate and assessment. ^ 1. For the payment of the damages awarded by the commissioners PabUc of estimate and assessment in any proceedings instituted by virtue ^^]. ^ be hereof, and of the expenses, charges and disbursemente ii^ the premises, created the comptroller of the dty of New York is hereby authorized and SJoed. directed to create and cause to be issued, in the name and in behalf of the dty of New York, a public fund or stock, payable not more than forty years from the date of issue thereof, which fund or stock shall be a charge upon the said dty, and shall be issued at such time and times, and in such manner, of such description, and in such amounts as may be directed by resolution of the commissioners of the department of public parks. The moneys collected upon the assessment laid by the ^'JJJ®^^^ commissioners of estimate and assessment, as hereinbefore provided, apon as- shall be applied toward the payment of said fund or stock or to the J^™^^' payment of said awards and expenses, if received before the issue of piled. 884: LAWS OP NEW YORK. [Chap. 604. Tax to pay stock. Means fbr carrying on the work, bOTT to be ob- tained. Tax in the year 1875. SumBto bein- eluded in annaal ostimate. Buch fund or stock. The board of supervisors of the county of New York, shall annually order and cause to be raised on the estates, real and personal, subject to taxation within said county, until the whole amount of said fund or stock be paid, a sum of money sufficient to pay the interest upon such fund or stock, and in the year before the mata- rity of such stock, the said supervisors shall order and cause to he raised in like manner, such amount as may be necessary, in addition to the assessments which may have been collected, as hereinbefore pro. vided, to pay the principal amount of such fund or stock. § 8. To provide the means for carrying on the work of laying out, sur- veyinpp and monumenting, and devising and preparing plans authorized by this act, during the year one thousand eight hundred and seventy, four, and also to pay for indebtedness existing at the date of the pas. sage of this act, together with interest thereon until payment, for similar work performed in said portion of the city of New Yoi^ under authority of law, and under the direction of the dejiartment of pablie parks of the city of New York ; the comptroller of the city of New York is hereby authorized and* directed to create, within twenty days after requisition is made on him so to do, by resolution of the conunis- sioners of the department of public parks, or a majority of them, in the name and in behalf of the county of New York, a public fimd or stock, to an amount to be mentioned in said requisition, and not exceeding one hundred thousand dollars, payable on the first day of November, one thousand eight hundred and seventy-five, with int^eet at the rate of seven per centum -per annum ; and said comptroller shall issue such fund or stock in such amounts, and in such manner, and at such times durine the year one thousand eight hundred and seventy- four, as may be mrected by resolution of the said commisBionerB of the department of public parks, and the proceeds of such fund or stock shall be applied to tiie specific objects mentioned in this section, and to none otner. § 9. The board of supervisors of the county of New York are hereby authorized and directed to raise and cause to be raised, during the vear one thousand eight hundred and seventy-five, by tax on aU lands in the dty and county of New York, to be collected in addition to tbe ordinary taxes for that year, such sum or sums of money as shall he sufficient to pa,j both principal and interest of the stock or land authorized to be issued b^ section eight of this act § 10. The board of estimat^e and apportionment of the city of New York shall annually include in the estimate of the amounts neoessBiy to pay the expenses of conducting the business of ttie department of public parks of the city of New York, such sum or sums of money as shall, in the judgment and discretion of said board, be neoessaiy to carry on the works authorized by this act. ^11. This sifi shall take effect immediately. Ckap. 606.] NINETY-SBVENTH SESSION. 885 Oliap. 605. AN ACT to authorize the Canal Commissioners to build a road or street bridge over the Erie canal on Goodman street, at the east boundary line of the city of Rochester, Passed June 5, 1874 ; three-fifths being pieseut The People of the State of New York, represented in Senate and Assembly, do enact asfoUows : SscnoN 1. The Canal CommissioneTS are hereby authorized and Bridie to required to build a road or street bridge over the Erie canal on Good- ^ ^^^ man street, at the east boundary line of the city of Rochester, it being the boundary line between the town of Brighton and the said dty, in the county of Monroe. The expense of said bridge and its approaches Expense shall not exceed the sum of seven thousand dolors, to be paid out of ^a'how any moneys appropriated for extraordinary repairs upon said canal. paid. ^ 2. The Canal Commissioners before prosecuting any work, in pursu- Release ance of this act, shall require and receive a full and sufEident release, Scense. properly executed and acknowledged and delivered, free of all expense to the State, of all claims for damages in consequence of said bridge or of the approaches or embankmente of the same, and also a good and sufScient license or permission to the State, duly and properly executed, acknowledged and delivered as aforesaid, to alter, raise or change such bridge, approaches or embankments wherever and when- ever necessary (which necessity is to be determined by the Canal Com- missioners), from all persons whose property, rights or interest may be effected* by said bridge, approaches or emlknkments. ^ 3. This act shall take effect immediately. Chap. 606. AN ACT to authorize the Canal Commissioner to construct a road-bridge over the Erie canal in the town of Gates, in the county of Monroe. Passed June 5, 1814 ; three-flfkhs being present. The People of tTie State of New Torky represented in Senate and Assembly y do enact asfdUotos : Section 1. The Canal Commissioner is hereby authorized and required BTidg;e to to construct, or cause to be constructed and maintained, at the expense ^ ^^^^ of the State, over the Erie canal in the town of Gfates, in the county of Monroe, at a point where said canal is intersected by Emerson street, in said town, a road-bridge, in such manner as he may deem advisable ; and the expense of the same, not exceeding seven thousand dollars, Expense, may be paid from any money appropriated or to be appropriated for ^^"^ p**"- extraordinary repairs of the Erie canal. Before the construction of said Release bridge, the Canal Commissioner shall require and receive a full and suflS- {Sense, dent release, legally executed, acknowledged and delivered, free of exx>ense to the State, of all claims for damages in consequence of the construction of said bridge, or of the approaches and embankments of * So in original. 836 LAWS OF NEW YORK. [Chap. 607. the same ; and also a good and sufficient license or x)ermission to the State, duly executed, acknowledged and delivered, as aforesaid, to alter, raise or change such bridge, approaches, or embankments, when- ever necessary, which necessity is to be determined by the Canal Commis- siouers, from all persons whose property, rights or interests may be affected by such bridge, approaches, or emlmnkments. ^ 2. This act shall ^ke effect immediately. Chap. 607. AN ACT to provide for the protection of the guard-lock on the Chenango canal extension and South Water street^ and to prevent the inundation of South street in the city of Binghamton. Passed June 6, 1814 ; three-fifths being present ThR People of the State of New York^ represented in Senate and Ass&trMy^ do enact a^ follows : Embank. SECTION 1. The Canal Commissioner in charge of the middle division meat may of the canal is hereby authorized and directed to cause an embankment B^ucted. of earth; secured by a rip-rap wall, to be constructed on the north side of the Susquehanna river, in the city of Binghamton, to extend from the abutment of the Bockbottom briage up said river a distance of five hundred and fifty feet, and at least two feet above high- water mark as indicated in the year eighteen hundred and sixty-flve, and on the south side of said river in said dty, to cause the break between the guard- Proteo- lock and South Water street to be filled with stone and earth of suffi- Sreetf ^^^^ height to protect said street ; provided, said Canal Commissioner shall, on an examination be of the opinion that the State is legally liable for damages which may arise in case said improvement shall not Woik be so made ; and said Commissioner is directed to commence said work i^^'com? on or before the first day of May next,* and to have the same oom- menoed, pleted on or before the filrst day of S^tember, eighteen hundred and *°" seventy-four ; but the expense of said work i^ll not exceed in the aggregate five thousand dollars. Payment, ^ 2. The Treasurer shall -pSLj, on the warrant of the Auditor and said made Commissioner of the Canal Department, to meet the expense for doing the work as required and directed in the first section of this act, a sum not exceeding five thousand dollars, from any money appropriated or to be appropriated for extraordinary repairs on the middle division of the Money, canals ; three thousand dollars of the amount aforesaid, is to be ex- be^ex.*^ pended on the work directed in the first section, on the south ade of pended. the Susquehauna river, and two thousand dollars, of the aforesaid earn, is to be expended in the construction of the embankment on the north side of the Susquehanna river, as provided in the first section of thifl act ; but the said Canal Commissioner may, if by him deemed neces- sary and proper, vary the amount to be exj>ended on each branch of said work ; provided, however, the aggregate amount to be expended shall not exceed five thousand dollars. § 3. This act shall take eflPect immediately. * So in oriirinal. CtaiP. 609.J NINETY-SEVENTH SESSION. 887 Ohap. 608. AN ACT to enable the trustees of the village of Green- bush, to raise, by tax, the sum of eighteen thousand dol- lars, wherewith to pay the outstanding adjusted claims against said village. Passed June 6, 1OT4 ; three-fifths being present. The People of the State of Neto York^ represented in Senate and AnsenMy^ do enact as foUoios : Section 1. The trustees of the village of Greenbosh are hereby author- Tmstees ized and emx)owered to levy and collect, by tax upon the real and per- 2^.^ to' Bonal xiropeity within said village of Oreenbush, a sum not exceeding levv and oghteen thousand dollars, for the purpose of paying and satisfying xax?^'^ lawful claims against the said village as follows : Fire apx)aratuB, tnree objects. thousand dollars ; for completing public buildings, five thousand dol- kvB ; for laYryers' fees and expenses, seven thousand dollars ; and for miBoellaneous claims, for whidi checks have been given since May first, eighteen hundred and seventy-three, against the said village and ordered paid previous to the first day of May, eighteen hundred and seventy-four, three thousand dollars. \ 2, The money collected by the tax hereby authorized shall not be Money Med for any other than the above-specified purposes, and any violation Sg|ecifying the property sold, the time for which the same shall have been sold, the sum paid thereon, and the time when the purchaser will be entitled to a lease of such property. ^ 6. At any time within one year after the date of said sale the Redemp- owner, mortgafi^, occupant or other x)erson interested in such land ^^n.terms may redeem the same by paying to the supervisor for the use of the purchaser, the puichase-money paid by him and any other tax on the same lands which the purchaser may have paid subsequent to such porebase, and of which due notice shall have been given to the super. visor, together with twelve per cent, in addition thereto, and the receipt of such supervisor for such payment and showing what land is thus redeemed, shall be legal evidence of such redemption. The super. Notice to visor shall, upon receiving such money, immediately notify the pur. ^£^er. chaser of its receipt by him and shall refund the same to said purchaser, his legal representatives or assigns, on demand. At the expiration of Lease, one year from the time of such sale, the purchaser or his assigns, shall chMeren^ be entitled to a lease of such premises, provided no redemption thereof tiued to. haa been made. And the board of town auditors shall cause a notice Notice. 840 LAWS OP NEW YORK. [C^AP. SIO. Lease, presamp- cive evi- denco. P068e8- 8ion, par- chaser may ob- tain by summary proceed- ings. Sales, when to be made. Certiflcate of sale to be re- corded. Fees. When super- visor to bid in Ibr town. Redemp- tion. Lease. Board of town and!- tors may sell certifl oates. Lands leased to town. to be posted and pnblifihed, as is proyided in section foor of this act, for the notice of the sale of such lands, for three weeks previous to the expiration of such year, specifying that unless the lands sold as afore^ said shall be redeemed witliin such year, they will be conveyed to tlie purchaser ; and if such land shall not be redeemed within sudi yemr, &e supervisor, under the direction of the board of town auditors shall execute to the purchaser, his executors, administrators car assignB, s lease under his hand and seal, or the town seal if there be one, of ^e lands and tenements so sold, for such term as the same shall have been sold, and such lease shall be presumptive evidence that such tax was legally imposed, and of the regularity of all the proceedings and of the sale. ^ 7. Any purchaser, his heirs, executors, administrators or aeeagoB, re- ceiving such lease may, by virtue thereof, obtain possession of said premises in the manner prescribed by law in relation to persons holding over when the premises have been sold nnder execution, and may law- fully hold and e^joy the premises mentioned in said lease for his, her or their proper use against the owner or owners thereof, and aU persons claiming through or under them, until such purchaser's term shall be fully ended ; and the occupant and all others interested shall be barred of all right and title to the premises during the term for which the same shall have been conveyed!. ^ 8. All sales for taxes under and by virtue of this act shall be made beiore the first day of November in each year, and such sale may be postponed by the supervisor to a specified time, not later than the said first day of November in the year when the account of unpaid taxes was returned. § 9. The town clerk shall cause every certificate of sale counterdgned by him under this act, to be recorded in his office in a book to be pro- vided for that purpose. For each certifii(»to and for the recording thereof the said town clerk shall be entitled to the sum of fiifty cents to be paid by the purchaser, and for drawing and executing every lease under this act the supervisor shall be entitled to the sum of one dollar and fifty cents, which shall be x^tid by the purchaser, and there shall also be paid the sum of twenty-five cents for each lot or parcel sold which shall be applied by the town auditors towaid the expenses of prex>aring the lists and notices of sale. ^ 10. It shall be the duty of the supervisor at any sale of lands for taxes to bid in for the town every lot or parcel of land offered for sale for which no person shall offer to bid, and certificates of such sale shall be made as in other cases which shall specify the time when the town will be entitled to a lease ; such purchases ^all be subject to the same riff ht of redemption as purchases by individuals ; and if the lands thos sold shall not be redeemed, as hereinbefore provided, a lease therefor shall be executed in the same manner and with the same effect as in cases of sales and conveyances to individuals. ^ 11. The board of town auditors through the supervisor and town clerk may sell and assign all the interest of aaid town in any or all oe^ tificates mentioned in the last preceding section to any person who shall pay to the supervisor the amount of the purchase-money mea- tioned in such certificate with the accrued interest at twelve per ceni, and the assignees of such certificate shall be entitled to the same lightB and privileges as if such assignee had been the original purchaser at the sale. ^ 12. The title to the lands leased to the town by virtue of this act shall be vested in the board of town auditors of such town for the time Chap. 610-] NINETT-SEVENTH SESSION. 841 being, who shall hold the same in troBt for the benefit of said town ; and Board the said board of town auditors may convey the lands thus held to any ^^/^ °^^' person for a sum not less than the amount due upon said lands at the time of the sale, together with the interest and expenses thereon, and Ae money reoeiyea for such conveyance shall be held by the supervisor laad appied by him for such purposes for the benefit of the town as the town auditors may direct & IS. The town auditors of each town shall at their annual meeting Town an- in November of each year fix and determine the amount necessary to detonniiie be raised in such town for the payment of money advanced to the ^nnuuUy county treasurer under section two of this act, together with tiie amount b? raued^ of xMiichase-money due for the several lots and parcels of land bid in ^^• fbr aaid town which shall not have been redeemed; and when said town shall hold any lands under and by virtue of the provisions of this aeky the said board of town auditors shall also fix and determine the amount necessary to be raised for the payment of taxes levied or to be levied upon the lands so held during sucn year, and the several amounts thus fixed and determined shall be certified to the board of supervisors and be levied and collected in said town as otb^r town charges, and Amonnt paid to the supervisor of the town who shall apply the same to &e pay. mined ment of the several amounts and purposes for which such money was ^ ^o raised, and if there be any surplus after payinfip the same, it shall be ^^ ^ ' applied for the benefit of the town as specifled in the next preceding snrpias. sertion of this act \ 14 AJl lands returned to the county treasurer by the several coUec Lands re- tofs and receivers of taxes, on account of the non-payment of taxes n?n-pa/^' levied thereon by the board of sux)ervisors, at the annual session com- ment of mencing in November, eighteen hundred and sevenly-three, shall be i^*^ jq disposed of by the county treasurer as now provided by law, except ^^*» ^^^ tiliat the sale of such lands shall be made before the first day of Novem. of?^^ her, eighteen hundred and seventv.four and thereafter the return and disposition of any such lands shall be made in accordance with the pvovisions of this act ^ 15. At the annual meeting of the board of supervisors, in the year Ck>nnt3r dghteen hundred and seventy-four, the countv treasurer shall lexxnrt t^^^^ w amount due from any town for the several lots and parcels of land §^^"{^^ Ind in for such town which shall not have been redeemed, and the said townibr nnount diall be levied and collected in said town and paid into the \^^ ^^^ connty treasury, and the county treasurer shall at the same time deliver to the sux>ervisor of each town in which the lots and parcels of lands so Bold and not redeemed are situate, a transcript th^eof, as contained in the books in *his office, together with the original certificates of sale ; and the supervisor shall file such transcripte and certificates in the town derk's office of said town to be held for redemption, in accordance with the mxth section of this act, until the time mentioned in such certificate respectively, when the town will be entitled to a lease shall liaye expired ; and at the expiration of such time, if such land shall not when have been redeemed, a lease may* be given in the same manner, and b?SvTnJ with Uke effect, as if the sale had been made by the supervisor of the town in accordance with the provisions of this act. \ 16. In case of any refusal or neglect, by any person or corporation, judgment to pay a tax for personal property, and satisfection cannot be had by Sx'lm **^ distress and sale according to law, and if the property assessed exceed personal one thousand dollars, the supervisor of any town, under the direction Eow*ob*^* of the board of town auditors, may apply to the county court of West- ^A^ed. 54 843 LAWS OF NEW YOKBL [Chap, 610. Chester county, or to the Supreme Court of the aeoond judicial district, by petition and a notice of ten days, to enforce the payment of such tax ; a copy of the petition and a notice shall be served personally upon the person or omcer of the corporation against whom such appli. cation may be made, and the judge or justice of such court shall proceed to hear and determine the same in a summary manner and without unnecessary delay, and if it shall appear tiiat sudi application ought to be granted, a judgment shall be rendezed in fayor of the town for the amount of such tax. Aoconnt ^ 17. Whenever the trustees of any school district shall receive the toxM^in ^ account of unpaid taxes from the collector of taxes for sudi district., as dirtdct P^vided by section seventy-flve of the seventh article of title seven of iNToceei. the general school laws of the State, they shall compare it with the ings OB. orifinal tax list, and if they find it to be a true tnuiscript, they .shall add to such account their certificate to the effect that tiiey have compared it with the original tax list and found it to be correct, and shall tranonit the account^ affidavit and certificate to the sui)ervisors of the town in which the school-house of such district is situated. Lands 4 ^ 18. If the description of ihe lands of non-residents contained in such dentofhtt- accouut are so imjierfect or any part of the taxes so erroneously assessed SMGtip- ^^^ ^^® collection thereof cannot be legally enforced, a tnuiscript of Hon, how such portiou of the account shall be returned by the supervisor to the correoied. trustees of the district from which the account was received, statii^ the reason for such return, and the si^d trustees are hereby authorized luul it shall be their duty to correct the same, and to add such corrected tax to the next succeeding tax levy in such district. soper- ^ 19. Such aocount, affidavit and certificate shall be laid before the levy^ board of Bux)ervi8ors of the county, who shall cause the amount of such MKoant unpaid taxes, with seven per cent, of the amount in addition thereto, utndfl of to be levied uxK)n the lands of non-residents on which the same were dento!^' imposed ; and if imposed upon the lands of any incorporated comi^aiiy, then ux>on such company, and if imposed upon the rents reseiTed in any leases in fee, or for one or more lives, or for a term of years exceeding twenty-one years, then upon such reserved rents, in the same manner that the contingent charaes of the county are directed to be levied and collected, and when coUected the same shall be paid to the supervisor of the town in which the school-house of such school district is situated ; and if imposed ux)on the stock of a non-resideat stockholder in a banking association, organized under the authority of this State or of the United States, then the same, with seven per cent. of the amount in addition thereto, shall be a lien upon any dividends thereafter declared upon such stock ; and upon notice by the supervisor of the town in which such banking association is located to the presU dent and directors of such bank of such charge upon such stock, the president and directors shall, thereafter, withhold the amount so stated from any fdture dividends ux)on such stock, and shall pay the same to the collector or receiver of taxes of the town duly authorized to receive the same, to be by him paid to the supervisor of the town as aforesaid^ and such supervisor shall hold the same subject to the order of the trus- tees of the district in which such taxes were originally levied. Tax may^ ^ ^* ^^ person whose lands are included in any such account may Boperri- V^J ^^ tax assessed thereon to the supervisor of the town in which the school-house of such district is situated at any time before the board of supervisors shall have directed the same to be levied, who shall hold the same subject to the order of the trustees as in the last preceding section. Chap-610.] NINETY-SEVENTH SESSION.' ^ 21* The taxes on any real estate oocapied by a person or corpora- Taxes tion other than the owner and which may be, assessed to the owner, 2^"/^*^ or as non-resident lands, may be collected of the occupant, and the mav be goods and chattels of such occupant, or in his xx)Bsession, may be levied of occtf- on for the payment of any tax in the same manner as if the assessment i'^^- had been made to such occupant, and he shall have the right to collect Bcmedyor the amount of such tax, if paid by him, of the owner or set off the ^^^''p*"*- amount thereof against the claims of said owner for rent, § 22. If the taxes on any lot or parcel of land assessed to a resident Taxes nn- shall be returned as unpaid in consequence of such premises becoming ^an^^of vacant by the removal of the occupant before the collection of the tax premises imposed thereon, or in de&ult of goods and chattels of the occux)ant to cantf &c., satisfy such tax, the supervisor of the town in which such land was Pn^J^fere- assessed and is situated shall add a description thereof to the assess- on. meat roll of the next year in the part thereof provided for lands of non^-residents and shall charge the same with the uncollected tax of the preceding year, and the same proceedings shall be had thereon in all respects as if it was the land of a non-resident, and if such tax had been laid in the year in which the description is so added. § 23. Whenever the board of trustees of any incorporated village Unpaid mtuate within the county, who are authorized by the act of iiicorpora- ^tsTpro • tion or by the charter of such village, to levy and impose taxes upon SJj'J?*^*^* all the taxable property contained within its limits or boundaries and ^^^^^ to authorize the collection of the same, shall receive £rom the collector or receiver of taxes for such village, an account of unpaid taxes, legally imposed upon any land, person or corporation in such village, which such collector or receiver has been unable to collect by virtue of any existing provisions of law relating to sudi village, said board of trus- tees may cause the said tax so returned with the accrued interest thereon to be added to any other tax to be assessed on such land, per- son or corporation during the year or the -succeeding year, and to be collected with the tax so to be assessed ; or the said board of trustees may return the said account of unpaid taxes on the oath of such trus- tees, that such account is a correct transcript of the original assessment roll, to the supervisor of the town within which such village is situated, to be collected and held subject to the order of the trustees of such vil- lage, as provided in section nineteen of this act, for the collection of unpaid taxes returned by trustees of school districts. § 24. The bond now required by law to be given by the supervisor 8nper. of any town, shall apply to all money which shall be received and dis;- j^J* bursed by him pursuant to the provisions of this act, and it shall be the duty of sudi supervisor to account with the town clerk and justices saper- of the jieace of said town on Tuesday preceding the annual town meet- iJcoimt. ing in each year, and render a statement of all his proceedings in writing verified by his oath, which statement, when certified to as correct by the said justices and town clerk, shall be filed in the town clerk's office of said town, and be produced at the next annual town meeting and publicly read. The board of town auditors of any Reftind- town diall have power to refund any tax which shall have been ^^ erroneously assessed to anv person who may have paid the same, and ^^^ the amount so to be refunded shall be included in the abstract of town *®*^ ' accounts of said town, to be levied and collected as now provided by law for other town charges. § 25. Whenever any mortgagee, whose mortgage shall have been duly 2Jn*by^"' recorded before the sale of any lot or premises for any tax, shall jjay mort^ the amount required to redeem said lot or premises after the sale fienf^' * 84:4 LAWS OF NEW YORK. [Chap. 611. thereof to the supervisor of the town before the time for redeeming the same shall have expired, he shall have a lien on the lot or premises so redeemed by him for the amount so paid, with the interest that may thereafter accrue thereon at the rate of seven per cent, -per annum, in Notice of Uke manner as if the same had been included in his mortgage. If such ^^' mortgagee shall have filed a notice of his lien on any lot or premises so sold for taxes in the office of the town clerk of the town in whidi su^ Notioe of lot or premises are situated, the supervisor of said town shall notiff ^^' such mortgagee of such sale by depositing a notice, in one of the post. offices in saia town, addressed to such mortgagee at his place of lesL- dence, as stated in the aforesaid notice of lien, stating therein the term of years for which said lot or premises were sold, the amount necessary to redeem the same, and the date at which the time of redemption will expire ; and no mort^^agee, as above provided, shall be dive^ed of his rignt in such property unless such notice shall have been given. BepeaL ^ 26. All laws or parts of laws inconsistent with the piovisi(xiB of this act are hereby repealed. Chap. 611. AN ACT to amend an act entitled " An act to amend an act entitled ' An act to provide for the incorporation of villages/ passed December seventh, one thousand eight hundred and forty-seven, and the several acts amenda- tory thereof, so far as the same relate to the village of Mount Vernon, in the county of Westchester, and to declare, enlarge and define the powers and duties of the officers of said village, and to confirm and extend the powers of the corporation of said village," passed May tenth, eighteen hundred and seventy. Passed June 6, 1874 ; three-fifths being present Z%e People (f the StaJte of New Torkf represented in Senate and AaaefnUy, do enact as follows : Petition Section 1. Whenever a petition for opening, widening or dosing any in&*'^^ streets or avenues or parts thereof in the said village shall be presrated wraen^g in accordance with said act, the trustees shall cause a notice to be pub- S^eet, Ac. lished in the village newspaper for two weeks eonsecutivelv, that, on a Notioe of certain day therein named, not less than two weeks from the first pub- meeting, ji^ation thereof, they will meet to take action upon said petiti(». Before publishing such notice, the trustees shall fix the limit or district beyond which the assessment for the ex;)enses of such improvement shall not extend and a description of such district shall be included in such notice. \s 2. Upon the day named, or on such further davs as the tmsteesraay adjourn to for that purpose, ttie trustees shall, if they deem proper, pass Bemon- an Ordinance directing^ such improvement to be made, unless they shall, fttranoe. ^ j^^^^ time, receive a remonstrance against the same signed by a majority of the owners of real estate situated in the said assessment Map. district. They shall also cause a map to be made by a comx)etent sor* veyor, on which shall be designated the road so ox)ened, widened or cldised particuLarly, by courses and distances, and the several pieces of Chap. 611. J NDTETT-SEVENTH SESSION. 84:5 land through which the aaid load shall run, and such map shall be filed with the Tillage clerk. § 8. The trustees shall thereupon make an application to the county Appoint- oourt of Westchester county for the appointment of commissioners to fomm\a assess the damages sustained by the owner, lessee or occupant of any j^^j^^ lands which may be taken for such improvement, and to assess the damages, expenses thereof upon the property benefited thereby. The court shall thereupon appoint three disinterested fireeholders of the town of East- ehester to make such assessments. At least eight days' notice of sudi ^oUce to application shall be served on each of the parties so, as aforesaid, inter- ^^wd estod in the lands proposed to be taken. ^ 4. The said commissioners shall be sworn before some oiBioer author- Commis- ized to administer oaths, fidthfully and impartially to perform the duties be iwom! which shall devolve upon them by virtue of such appointment, and shall then proceed, with all reasonable diligence, to estimate the dam- Their pro- ages sustained by reason of the taking of the lands for the purpose of <^®^^^ Buch improvement, and they shall view the premises, and for that pur- pose shall have x)ower to enter upon and examine the same, to admin- ister oaths, and to hear the proofs and allegations of the x>a^ies inter- ested. They shall also make a just and equitable assessment of the AneBs. expenses for the payment of said damages among and upon all the j^^^^f owners of the lands deemed to be benefited by such improvement, in proportion to the amount of the benefit which said sei>arate parcel or lot of land will, in the judgment of the commissiQners, derive there- firom. And they shall all meet and act, and the assessments agreed to by a minority of them shall be valid. In all cases where tb^ commis- sioners cannot ascertain the name of the owner of any land, they may substitute in their report, for the name of the owner, the Wor(& ** unknown owner." ^ 5. The report of sud commissioners shall be made in a tabular Their re- fann, with columns in which shall be distinctly given the whole expense Sn'kc^™ of the projMDeed improvement and the several items thereof, and the pieces of the land required for the improvement, the amount awarded to the different parties interested in the land and premises required for the improvement, the names of said parties, the pieces of lands assessed for the benefits, the amount assessed upon each piece and on the differ- ent interests therein, the balance of award to be received by the differ- ent parties over the assessment, the balance of assessment to be paid by each individual whose assessment amounts to more than the award, and 00 many and such different columns and tabular statmnents as may be necessary to desiraate the true interests of the parties in the lands and premises required for the improvement, and their liabilities and inter- ests in relation thereto, and the interests of the parties whose lands are assessed therefor. ^ 6, After such report shall be completed it shall be deposited with Report to the village clerk for public inc^pection. The oommisBioners shall then u^ wS£ cause notice to be published m the village newspax>ers, once in each ^^p week for two weeks successively, of the filing of such report, and that they will meet at a time and place not less than two weeks from the first publication thereof to review such report At such time and objec place any parties interested may offer objections in writing to said ^^'^ report and accompany the same with such affidavits as they may deem proper, and after bearing the parties the commissioners shall review their report and correct the same where thev shall deem proper, and shall then file tiie same in the office of the derk of said county and a eopy thereof with the village derk. They shall then cause notice to 846 LAWS OF NEW YORK. [Chap. 611. Notice of comple- tion and flllng. When pe- pdkt be- comes flnaL Excep" tions. hearing of, &c. eoond re- port final. mcnt liat and war- rant. Interest and com< miflsions. Proceed- ings for sale of lands. Payment of awards. Compen- sation of commis- sioners, Ac. Existing prooeoii- ingsnot allected. Proyiso. be published in the village iiewBX)aper that sach report hae been com- pleted and filed. And said rex)ort shall become absolute and stand as ifi all things confirmed unless exceptions thereto, with copies of the objections and affidavits that have been delivered to the commissicHieiB^ shall be filed with the county clerk and served on the village derk within two weeks from the first publication of such notice. ^ 7. If exceptions are filed and served within such time, the same may be brought to a hearing before the countv court of said ooonty upon eight (uiys' notice by any parties interested therein. D])on the hearing of such exceptions copies of the affidavits, which shall have been delivered and seiTed as aforesaid, but no others, may be read against confirming the report ; but no cause against such confirmation shall be heard unless exceptions shall have been filed and served as herein provided. The court may examine and correct said report or send it back to the si^ne or other commissioners for revision or corree- tion, or confirm the same. And the same proceedings shall be had when the rex)ort is sent back as in the first instance. But said second rexx>rt shall be final and conclusive, and shall become absolute and stand as in all things confirmed, immediately the same is filed with the clerk of said county. ^ 8. After the report of the commissioners shall be confirmed, it shall be delivered to the board of trustees, who shall cause an assessment lisi to be made out and delivered to the receiver of taxes of said village, with their warrant for the collection of said assessments in the same form in all respects as for the collection of taxes, except that sndi warrant shall not command the levy upon the goods and chattels of the person assessed for the amount of sudii assessments. The receiver of ^xes shall, without commission, receive and collect the several amounts therein assessed against any x)eT8on, for thirty days after his receipt of such warrant. The receiver of taxes shall collect all such assessments as shall be unpaid at the expiration of that i)eriod in the same manner, and with the addition of interest and commissions, as is by said act provided for the collection of taxes, and shall make return of all unpaid assessments as of unpaid taxes, except as is herein otherwise provided ; and upon such return being made and filed with the village clerk the board of trustees shall be authorized to take the same proceedings for the sale of lands for such unpaid assessments as are authorized by title nine of said act for the sale of lands for the non.pa3rment of taxea The said receiver shall pay over to the treasure all such assessments and interest so collected in the same manner as is in said act required as to taxes. ^ 9. The treasurer shall pay to the persons, or to the attorneys or legal representatives of such persons, to whom awards have been made in such report, the amount of such awards, without any deduction for fees or commissions. § 10. The compensation of said commissioners, and the fees of sur- veyors and counsel and other persons, shall constitute part at the expenses of such improvement, to be taxed by the board of trustoeB before the same shall be inserted in said rex)ort. ^ 11. This act shall not afiect any proceedings heretofore taken for the opening, widening or closing of any street or avenue in said village, but further proceedings for said opening, closing or widening shall be conducted in the manner provided for by this act ; provided, however, that in any proceedings now i)ending for the opening, closing or widen- ing of any street or avenue, and for which no assessment has yet been imposed, a majority of the owners of real estate situated in the <^AP,612.] NINETY-SEVENTH SESSION. 847 ment district established or to be eBtablished, as the district of assess- ment for such improvement, may present a remonstrance, in writing, Remon. against such improvement to the hosird of trustees of said village, and I^Q^t^o}. upon the presentation of such remonstrance at any time before the appointment of commissioners to make such assessments, the resolution or ordinance opening, closing or widening such street or avenue shall be null and void, and the same shall be thereupon rescinded by said tmstees. ^ 12. Section one of title nine of chapter seven hundred and seventy. Bix of the laws of eighteen hundred and seventy is hereby amended so as to read as follows : ^ 1. The trustees are authorized and empov^red by resolution to raise Trustees money annually by tax, to be assessed upon the estate, real and per- money an- Bonal, vrithin the bounds of said corporation, and to be collected from nn^yby the several owners and occupants thereof, for the lease of any real or personal property for the use of said village, and to defray the ordi- nary and contingent expenses of said corporation ; but no tax shall be Limit of levied and collected to anamountexceedingone-half of oneper cent, on ^^* ihe assessed valuation of the property, real and personal, in said village, made by the village assessors in the year previous to any such assess- ment and levy by said trustees in any one year, except as in this act is hereinafter provided until the same shall have been authorized by a vote of the majority of the taxable inhabitants of said village quaMed to vote under this act, present at any annual election or meeting, or at any special meeting duly called for that purpose. Provided, however, that the board of trustees are authorized and emx)owered to raise money at any time by resolution, to x>ay such sums as may be assessed for any of the specific pinrposes hereinafter provided for, against any property belonging to and owned by said village, which may be included in any district of assessment. ^ 13. This act shall take effect immediately. Chap. 613- AN ACT to amend an act entitled "An act to provide for the incorporation of villages/* passed December seventh, eighteen hundred and forty-seven, and the several acts amendatory thereof, so far as relates to the village of Niagara City, in the county of Niagara. Passed June 6, 1874 ; three-flfOis being present T?ie People of the /State of New Tork^ represented in Senate and Assembly y do enact as foUows : Sbction 1. The village of Niagara City shall hereafter be known as, coiporata and called by, the oorx)orate name of ** The village of Suspension i'*"'®- Bridge." The officers of the said village, after the third Tuesday of viuage March, eighteen hundred and seventy-five, shall be a president, four <>*«««• trustees, a clerk, a general sux)erintendent, three assessors, three fire- wardens, a treasurer, to act also as and be collector, and such other subordinate officers as are authorized by the acts hereby amended. The president, treasurer, assessors and fire-wardens shall be elected annually by the electors of said village. The clerk, general superin- tendent and all other subordinate officers, whose appointments are now ^48 LAWS OP NEW YORK. [Chap. 612. provided for by law, Bhall hereafter be appointed by the board of trustees, on the third Tuesday of March in each year. All of said Term of officers shall hold their respective offices one year from the third Taes- oAee. ^3^y ^f March next succeeding thjBir election or appointment, and until the third Tuesday of March of the year next succeeding their election Removal or appointment, unless sooner removed or disqualified. The board of ^^ trustees are hereby empowered to remove said officers so to be appointed, or any one or more of them, at any time or times, and for any cause to tiiem seeming proper, and to fill the vacancy or vacandee so occasioned by appointment, as in the first instance, and the officen so apx)ointed to fill vacancies shall hold their respective offices until the third Tuesday of March next succeeding their appointment, subject, however, to the power of removal hereby vested in the board of TniBteef, trustees as aforesaid. After the third Thiesday of March, eighteen. ^IJb^^ hundred and seventy-six, each of the four trustees shall hold his office for two years from the third Tuesday of March next succeeding his election. First eiec ^ 2. The first election under this act shall be on the first Tuesday of tion. March, eighteen hundred and seventy-five, at which time there shall be elected the president, four trustees, one treasurer, three assessors and three fire-wardens. Two of said larustees shall hold their respective offices one year, and two of said trustees shall hold their respective offices two years. The term of office of each shall be determined as follows : The president shall place in a prox)er recepacle* four pieooB of paper, on two of which shall be written '* two years,'* and on two of which shall be written " one year ; " each of said trustees shall draw one of said pieces of paper, and his term of office shall be that specified thereon. After the year eighteen hundred and seventy-five two trustees shall be elected annually, and hold their respective offices &r two years from the third Tuesday of March next succeeding their Vacancy election. In case of a vacancy for any reason arising in the office of ^fltoer^^^i^y one or more of said trustees, the same shall be filled at the next howfluod. regular annual election to be held in said village, or at a spedal elec- tion to be called by the board of trustees at any time prior th^eto, as they may resolve, and the person or persons so elected to fill snck vacancies shall hold said office for the unexpired 'paxt of the whole tenn. The election of elective officers shall hereafter be held annnallj on the first Tuesday of March in the manner now provided by law. President, ^ 3. The president shall have all the powers, and i)erform aJI the his^wers duties heretofore possessed by or incumbent upon the president of said daties. village, as heretofore designated under the acts herel^ amended ; he shall, and is hereby declared to be a member of the board of troBiees ; when present, he shall preside at the meetings thereof, and shall have a vote on all questions ; he shall see that all the laws, by-laws, rales and ordinances, relating to the village, are enforced ; he shall, from time to time, recommena to the board of trustees such measures as may to him seem proper ; he shall nominate all officers to be appointed by the board of trustees, but if any person so nominated shall be rejected or not appointed by said board within ten days after sudb nomination^ then the board may appoint to fill such office, on the nomination of any other member of said board ; and in case the president shaU refuse or neglect to make any nomination to any office to be filled by said board, for one week after the passage of a resolution of the said board requesting him so to do, then said board may appoint to fill the same, * So in original. Chap. 612.] NINETY-SEVENTH SESSION. 84.9 on the nomination of any other of its members. The other officers to be elected or appointed under this act shall, respectiyely, have all the powers and 'p&rfoTm all the duties now given to or required of like officers of said village by law. A majority of the board of trustees Qnonim. shall constitute a quorum for the transaction of business. In the absence of the president, any trustee may be appointed by the board president for the time. The trustees are also empowered to -pBSR ordinances fixing and Powen or regnladnff the speed of cars and locomotives, and the running of the toSralm flame on me tracks of any and all railroad companies, and to prevent i«te speed the blockading of street crossings by the stopping of any such cars or a c?*"' locomotives thereon or otherwise within said village, and requiring any or all of said railroad companies to keep and have a flag or watchman at the crossing of any street of said village, and to provide moneyed To pro. X>enalties for a vilation^ of any such ominances or non-compliance luilg^^d herewith, and to enforce the collection thereof by suit or otherwise, in enforce the name of said village ; the penalties so collected to be credited to Sferoor!^'' and form a part of the general fund provided by section five of this act. ^ 4 The treasurer of said village, in addition to the duties now Troas- incumbent upon and by law required to be performed by him, shall ^{ufes^ hereafter be and perform the duties of collector of taxes in and for said village ; and in making collection of the taxes assessed in and for 8aid village, he shall proceed as £» as practicable in conformity with the provisions of law in respect to the collection of taxes by the collector of the town of Niagara, and shall receive as compensation for such Hiscom- eervices, in addition to the compensation now allowed to him by law p«^^*>"- as treasarer, a ];)ercentage on the taxes so collected by him at the same rate now allowed by law to the collector of said town. ^ 5. The moneys of said village raised or to be raised, by tax or Moneys, otherwise, as now required by law, shall be kept in and credited by the Jept and* treasarer to the following funds : All moneys raised or to be raised credited. for, and heretofore credit^ or belonging to, the school and highway funds respectively, shall continue to te so credited thereto. All other moneys raised in said village, and heretofore credited to the various other separate funds, shall hereafter be credited to but one fund, to be called the ** general fund," from which shall be paid all the general expenses of said village, not now by law chargeable to the school and highway funds respectively, an amount not exceeding two thousand dollars in any one year, may be raised and collected by the trustees of said village for said general fund, by tax in the manner provided l^ law ; but no further or greater sum for said general fund shall be raised in any one year in said village without having been previously author- Special i22sed at a Bx>eGial Blection, to be called and held for that purpose in the ^^^^^^'^' manner now provided by law of said village. & 6. All notices or ordinances required oy law to be given or pub- Notices lished by the board of trustees or any of the officers of said village for nmo^e^' any pmrpoee, shall be given or published by printing the same in a news- go w pub- paper publidied in said village, or by x>0Btinga written or printed copy ^ ^ thereof in not less than five public places in said village, not less than ten days. This provision, however, shall not apply to cases where, for any reason, personal service of any notice or ordinance is required to be made. ^ 1. Section one of chapter six* hundred and eighty-four of session * So in original. 850 LAWS OF NEW YORK. [Chap- 612. Side- waUeb. Onlin- aoce ibr balldinflr or renair- ing tide- walks. Owner of adjacent lottobnild or repair. Notice to non-res- ident owners. When snperin* tendent to bnild or repair. Expense thereof a lien. Constme- tlonof new side- walks. Notice that bids will be re< celved. Gonstmo- Uon to be let to low- est bidder. laws of eighteen hundred and seventy-two of the laws of the State of New Torky is hereby amended to read as follows : ^ 1. The trastees may cause a sidewalk or sidewalks to be at any time constructed on any street or part of a street in said village mi supplied therewith and may cause any fiddewalk in said village, 'whioh has once been built or that may hereafter be built within said village, to be at any time either repaired or entirely rebuilt, as they may deem proper ; and they shall be and hereby are made the sole judges as to whether such sidewalk should be repaired or entirely rebuilt^ and aa to whether a sidewalk or sidewalks should be constructed on any street or part of a street not theretofore supplied therewith ; and whenever said trustees shall determine that any sidewalk should be constracied or repaited or rebuilt, they shall pass an ordinance to that effect, and describe therein the place where it is or is to be laid, and shall state therein the width and manner in which, and the mateorials with whidi such sidewalk shall be constructed or repaired or rebuilt, as the case may be, and shall publish such ordinance in the manner required by section five of this act ; and in case a sidewalk is to be repaired or - rebuilt and the owner of the lot or part of the lot or premises immedi- ately adjacent to such sidewalk, so &r as such lot or -psxt of lot extends, be a resident of said village, or has an agent in regard to such premises therein, or if such lot or i»rt of lot be occupied by any person as tenant of the owner thereof, or otherwise, such sidewalk shall thereupon, and within ten days thereafter, be so repaired or rebuilt, as required bvsnch ordinance, by or on the part of such owner of said lot, or part of lot, or premises immediately adjacent thereto. In case such owner be a non. resident of such village, and such lot or x)art of lot be not occupied by any person as tenant, and such owner has no agent in regard to sudi premises in said village, then, in addition to tne due publication or posting of said ordinance as aforesaid, a copy thereof shall be deposited by the clerk of said village in the post-office therein, enclosed in an envelope directed to such owner at his last or reputed place of resi- dence, and having the postage thereon prepaid, and thereupon, and within ten days thereafter, sudi sidewalk shall be so repaired or rebuilt, according to the terms of such ordinance, by the owner of such lot or part of lot adjacent thereto, or other person in his behalf, so fiur as sadi lot or part part of lot extends. Should such sidewalk, in either of the cases aforesaid, not be repaired or rebuilt, as required by such ordinance, by or on behalf of such owner, within the time hereinbefore specified, then the same shall be so repaired or rebuilt, according to the terms of said ordinance, by the general superintend«*nt of saia village, and all the expense thereof shall be and hereby are made a lien upon the lot or lots, or I>art of lot respectively, adjacent to such sidewalk, to be assessed, levi^^ enforced and collected in the same manner as the village taxes in said vil- lage, duly assessed and levied, are by law required to be enforced and col- lected. In case it is determined by the boud of trustees to constract a sidewalk on any street or part of a street in said village not theretofore supplied therewith, after the due publishing of the ordinance therefor, the clerk of said village shall publish, in the manner provided by section five of this act, a notice that for ten days thereafter bids for the oonstnictaon thereof will be received by the board of trustees of said village. All bids tendered within that time shall be received by said clerk in behalf of said board. At the next regular meeting of said board, following the expiration of said ten days, all bids so received by said clerk shall be opened by the said board, and the construction of said sidewalk shall thereux>on be let by said board to the lowest resi)onsible bidder Chat. 618.] NINETYSEVENTH SESSION. 851 fhea^for. Should no bids therefor be received within said ten days, then said sidewalk shall be constructed by or under the direction of the general superintendent. The expenses of constructing such side- ExpenBes, walk shall be assessed by the village assessors upon the real estate in ^e m^^ ^ said village^ determined by said board of trustees to be benefited seseed. iherebT' in proportion to the benefits resulting thereto. The trustees diall determine tiie amount of such expenses to be assessed therefor, ^rludi shall include fte necessary expenses of printing, assessing, pub. liahing or postinff of notices or ordinances affecting we same, and all expenses, directly or incidentally connected therewith, and the same shall be assessed, levied and collected from the real estate aforesaid, in the same manner as village taxes in said village are now by law requued to be assessed, levied and collected. 4 8. All acts or ports of acts inconsistent herewith, or repugnant nepeai. thereto, are hereby repealed. h 9. This act is hereby declared to be a public act, and shall take e«ct immediately. Chap. 613. AN ACT to amend an act entitled " An act to amend the Kevised Statutes in relation to laying out public roads and the alteration thereof," passed April twenty-eighth, eighteen hundred and seventy-three. Passed June 8, 1874 ; three-fifths being present. The People of the State of New Tork^ represented in Senate and Assembly^ do encLct asfdUUnjos : Sbction 1. Section one of an act entitled *' An act to amend the Re- vised Statutes in relation to laying out public roads and the alteration thereof,*' passed April twenty-eighth, eighteen hundred and seventy- three, is hereby amended so as to read as follows : \ 1. Section sixty, article fourth of title one, chapter sixteen of the first part of the Revised Statutes is amended so as to read as follows : ^ 00. In all cases of the alteration of any road, or the layii^ out of Alteration any new road, except where the owners of the property through which f/ ^^^^JJ sadi alteration or new road passes shall have consented thereto and o/new released all damages therefor, the person or persons applying for the ^^i^, mane shall serve a notice on the town clerk of the town, and on a jus- tice of the peace and the commissioners of highways thereof, asking for a jury to certify to the necessity of the same, and sx)ecifying a time, not less than ten nor more than twenty days fiom the time of serving such notice, when such jury will be drawn at the clerk's office of the town, by the town clerk thereof. 2. Section ei^ht of said act is hereby repealed. 3. This act shall take effect immediately. I 853 LAWS OF NEW YOEK. [Chap. 615. Oliap. 614r. AN ACT to amend an act entitled "An act to confer additional powers upon the Metropolitan police, relating to the inspection of steam boilers," passed April ninth, eighteen hundred and sixty-two ; also, to amend an act entitled " An act in relation to the inspection of steam boilers, except in the Metropolitan district," passed June twenty-second, eighteen hundred and sixty-seven. Passed June 8, 1814 ; three-fiffchs being pieaeni. The People of the 8tate of New Torky represented in Senate and Assembly, do enact as follows: Exemp- Secttion 1. All steam users, manufacturers or corporations posses^g Srther hi. *^® guaranteed certificates, unrevoked and in full life, of any fire insur- spection ance company now incorporated or hereafter incorporated or of any aUio8.^° company organized or hereafter organized for the purpose of making guaranteed steam boiler inspections, and which have complied with the insurance laws of the State of New York, having duly filecL a statement with the Superintendent of Insurance or other authorized officer, of its conditions, and dulv paid license fees and taxes, shall be exempt fiom. any farther inspections and from the jmns and penalties of the above- named acts. Oompa. § 2. Any company authorized by the first section of this act for the make^ purpose of making guaranteed steam boiler inspections, and which monthly have Complied with the law set forth in the first section of this fnspe^ ^ amended act, shall, at least once in each month, make and file returns tors. under oath with the inspector in chief, except in the city and county of New York, and for said dty and county with the board of oommiB. sioners of police, of all inspections made by them of steam boilers and of all certificates issued by them, and those at the time of making said Penalty retum either in full force, unrevoked or canceled. Each and every fect?^ company so authorized and making insurances under the provisions of this act and failinc^ to make said returns as aforesaid, sball pay the penal sum of fifty dollars for each and every &ilure or neglect to make and file said returns, the same to be recovered by suit to te brought by said inspector in chief, except in the city and county of New York, and in said city and county by said commissioners of police. \ 3. This act shall take effect immediately. Saa Ohap. 615. AN ACT to incorporate the Oneonta Water-works Com- pany, and to authorize the trustees of the village of Oneonta to take and lease lands and water for the pur- poses of said company. Passed June 8, 1814 ; three-fifths being present The People of t?ie /State of New Tork^ represented in Senate and Assembly y do enact asfoUaws : Corpora- SECTION 1. William W. Snow, John Cope, Bobert G. Blackhall, James H. Keyes, James Stewart, and all such persons as are or may be here- tors. Chap. 615.] NINETY-SEVENTH SESSION. 853 aft^r associated with them, aie constituted a body corporate hj the Corporate name of the Oneonta Waterworks Comi)any. '**™®* ^ 2. The capital stock of said company shall be forty thousand dol- capital Ian, and shall be divided into shares of one hundred dollars each, but ^''^^- may at any time be increased by a Tote of the stockholders owning a majority of the stock of said company, at a meeting of the stockholders called for that purpose, in the same manner as annual meetings of the company ; proyided that such capital shall not be increased so as to exceed the sum of one hundred thousand dollars. ^ 3. Books of subscription to the capital stock of said company shall be Books of open nnder the direction of the dir^ors hereinafter named, wad sub- Soi**^*^^' ject to such rules as they may prescribe ; and the stock of said company shall be considered as x)er8onal property, and shall be assignable and transferable on the books of the company. ^ 4. The concerns of said comx)any shall be managed by flye directors, Directors, who shall be stockholders and residents of the town of Oneonta, Otsego county, and who shall hold their offices one^ J^^f fti^d until others are chosen in their places. The annual election of directors shall be held Annual on the first Monday of July in each year, at such place in the yillage of ©Section- Oneonta, and at such hour of the day, as the directors shall appoint. Notice of such election shall be published onoe in each week for two Notice weeks immediately preceding such election, in a newspaper published '**«>*«o''- in said yillage. Eadi stockholder shall be entitled to one yote upon each share of stock held by him or her at the time of such election. The elections shall be by ballot, and yotes may be giyen either in per- son or by proxy. ^ 5. The x)ersons named in the first section of this act shall be the First di- first directors, and shall hold their offices until the first Monday of July, 'ectora. eighteen hundred and seyenty-four, and until others are chosen in their places. In case of yacancy in the direction by reason of the death or yacancy. resignation of any director, or his ceasing to be a stockholder, or by his ^owflUed. remoyal from the town of Oneonta, it may be filled by the remaining directors until the next annual election, or until some other person shall be elected to fill the same. The directors herein named may appoint inspoc- three persons, who shall be stockholders, to be inspectors at the first S^tiou. election, after which the stockholders shall choose three such inspectors at the annual election. If no inspectors are so chosen, the directors may appoint them from time to time. If at any time an election of Faiinro to directors shall not take place on the day appointed by this act, the cor- fi®c5l8°o1ve poration shall not for that reason be dissolyed ; but an election may corpora- be held on any other day in such manner as shall be provided for by the ^**^°" by-laws or shall be prescribed by the directors. ^ 6. The directors may require payment of subscription to the stock Payment at such times and in such proportions as they shall see fit, nnder pen- bq^^^. alty of forfeiting all stock and previous payments thereon, and may sue tions. for and recover all such subscriptions. Notice of the time and place of such payments shall be published for four weeks next preceding the time so fixed, at least once in each week, in a newspaper published in the yillage of Oneonta. ^ 7. The directors shall annually appoint a president, a secretary and President, treasurer, and such other officers and agents as they shall, from time to JSd^^i^Ss- time, deem necessary ; and may remove all officers appointed by them, nrer to be and apxxnnt others in their places, and fill all vacancies in the offices ; 5SP^^*" and they may make and ordain by-laws, rules and regulations as they Bj-iawa. may deem necessary and proper for the management of their business and for accompUshuig the purposes of the corporation. LAWS OF NEW YORK. [Chap. 615. Real estate and water righlB. VUlage trasteeB may aii> thorize company to enter npon streets, Ac. Begrnla- tions ft»r laying pipes, Ac. Ylllage bonds for beDeflt of company. Amoont and when redeem- able. Proyiso. Tax. Use of water to be free. Certain provisions of B. 8. applied. liUbUities of stock- holders. Contribn- tion. Liability ofoxecn- tor, tras- tee, Ao. & 8. For the parppse or supplying the village of Qneonta with pme and wholegome water, the said company may porcfaase, lease and nold any real estate or water rights needed for such purpose. The trustees of said village may ^.uthorize said company to enter upon any lands, streets, highways, roads, lanes or public grounds in said village thiougk which said company may deem it proper to convey the water from any springs, ponds, streams, wells, fountains, or reservoirs, which said oonu pany may legally acquire, and lay, construct, alter, repair and replace any pipes, conduits, aqueducts, or other works for that purpose, leaving the said lands, streets, highways, roads, lanes and public grounds in the same condition, as nearly as may be, as they were before said entry. ^ 9. In laying pipes, conduits or aqueducts, or constructing or erecting works in the streets, lanes or public squares in the said village, the said company shall conform to sudb regulations as the board of trustees of said village shall prescribe. i i 10. For the purpose of obtaining water for the extinguiahing of fires, constructing fountains and furnishing public buildings, and for other purposes in the village of Oneonta, the trustees of said village are herebv authorized to issue seven x)er cent interest bearing bonds of the village of Oneonta, for the exclusive and sole use and benefit of said water company, to the amount of ten thousand dollars, redeemable in twenty years fjrom the date of the same, the interest on the said bonds to be paid annually, at the expiration of each year ; provided that at any general election of the said village, or at any special election of the same, called for this purpose, the right of said trustees to iasae said bonds shall be submitted to a vote of the electors of said village. And no bonds shall be issued unless a majority of the ballots cast at such election shall be in favor of so bonding the said village. And the said trustees are hereby authorized, when any such bonds are issued as above provided, to levy and 'assess ux)on the property within the cot- porate limits of said village, a general tax, for the redemption of said bonds and the interest thereon not to exceed the sum of twelve hundred dollars in any one year. And the said water company uxK)n receiving the said bonds of said village as aforesaid, shall supply and furnish tbe said village of Oneonta with water for the purposes herein mentioned, without lurther charge or remuneration whatever, either directly or indirectly, and at their own expense, to the free use of the said village forever. h 11. The corporation hereby created shall possess the powers and be suDJect to the provisions of title three, chapter eighteen of the first part of the Bevified Statutes so far as the same are applicable and not other, wise provided for in this act. h 12. The stockholders of the company hereby created shall be indi- viaually liable for the payment of the debts of said company to tfi amount equal to the amount of stock held by them respectively, and any stockholder who may have paid any demands against said company either voluntary or by compulsion, shall have a right to resort to the other stockholders who were liable to contribution ; but no suit cr proceedings shall be commenced against any stockholder for the recovery of any money due :by said company, unless suit shall have been brought for the recovery thereof a^inst said company, nor unless judgment therefor shall have been obtained against said company, and execution issued thereon returned unsatisfied. ^ 13. No person holding stock in said comx)any, as executor, adminl istrator, guardian or trustee, unless he made sudi investment, and no person holding such stock as collateral security, shall be personally Chap. 616.] NINETY-SEVENTH SESSION. 855 liable as stockholders of said company, but the person pledging such stock shall be considered as holding the same and shall be lidi>le as stockholder accordingly ; and the estate and funds in the hands of such Liabiuty administiatory guardian or trustee shall be liable in like manner and to <>f ^s^^- tbe same extent as the testator or intestate or the ward or person inter, ested in saoh fund would have been if he had been living and compe- tent to act and held the same in his own name, in case the investment in said stock was not made by the said representatives or trustees. ^ 14. If the directors shall, at any time after the organization of said New company, determine to increase the capital stock as herein provided, ^^e 'du^ the said new stock shall be divided among the stockholders in proper- viued. tion to the amount held bv them respedively at the time of such increase as they shall severally elect, and in case the same shall not be so distributed, then books of subscription for the balance of said addi- tional stock shall be opened in the same manner as provided in section Ajl of this act ^ 15. This act shall take effect inmiediately. Chap. 616. AN ACT to supply the village of Gloversville with pure and wholesome water. Passed June 8, 1814 ; three-flfths being present. The People of the State of New Torkj represented in Senate and Assembly f do enact as foUows : Sbction 1. Uriah M. Place, Levi T. Marshall, Dennis S. Frank, John corpora- L. Getman, Albert W. Locklin, Charles W. Rose and Charles J. Mills, ^<'"- and their successors in office, are hereby constituted a body corporate by tbd name of ** Water Commissioners of the village of Gloversville," Corporate and in that name may sue and be sued, complain and defend in any °^'°®' court § 2. Within twenty days after the passage of this act the persons Term of named in the foregoing section shall meet at the office of the board of lomu^ trustees, in Gloversville, and shall then and there determine by lot the sioners. order in which their term of office shall expire, and the determination so made shall be certifled by the clerk of said board of trustees and filed in his office. If said commissioners shall neglect or refuse to assemble and determine as aforesaid, the said board of trustees shall, within twenty days thereafter, make such determination which shall be certified and filed by the clerk of said board. The term of office of the commissioner first going out of office, shall expire on the first Monday of June, eighteen hundred and seventy-seven ; that of the second on the first Monday of June, eighteen hundred and seventy-eight ; that of the third on the first Monday of June, eighteen hundred and seventy- nine ; that of the fourth on the first Monday of June, eighteen hundred and eighty ; that of the fifth on the first Monday of June, eighteen ' hundred and eighty-one ; that of the sixth on the first Monday of June, eighteen hundred and eighty-two ; and that of the seventh on the first Mondav of June, eighteen hundred and eighty-three. h 3. On the first Monday of June, eighteen hundred and seventy-seven, Election and on the same day in ^ch year thereafter, an election shall be held in B^n^"^ said village for the purpose of electing a suitable person to fill the place of the commissioner whose term of office shall expire on that day, and 856 LAWS OF NEW YOKE. [Gbap. 616- Kotioe to fill aay vacancy that may have oocoxred, and public notice of endi thereoc election shall be given by said board of trasteea, by imbliflhiDg notice of 8uch election in at least two, if 80 many there be, of the newspapers published in said village, once a week for two weeks previous to such How oon- time of election, and such election shall be conducted in idl respects as dacted. elections for trustees of said villa^ are directed to be conducted, and Termor the term of office of each commissioner (except when cbosen to ftU omce. vacanOT) shall be the x>^od of seven years, and the term of one elected to fill a vacancy shall be the unexpiied term of tiie person Qaaiiflca- whose place he was elected to fill. All commissioners shall be electors fomjiSi- ^^^ ^^ payers of said village, and shall continue in office until a Bionen. suGcessor shall be elected and qualify. In case of £ulure to hold Faiiare to the election at the time aforesaid, or in case of fEulure, for any tew to*^^ cause, to elect a commissioner or commissioners at the time afore^ luune day Said, Said board of trustees shall immediately thereafter name a day for Son!^£o. the holding of an election, giving the like notice of such time as above provided ; and such election shall be conducted in all respects as pro. Vacancy, vided for the election on the first Mondaj of June. In case of vacancy howflued. ^^ office* by reason of death, removal, resignation or any other inability to serve, the conmiissioners then duly in office shall fill such vacancy by apxx)intment, and the person appointed shall hold his office until tl^ next annual election, and until another shall be qualified and fill his place. Official ^ 4. Every commissioner, whether elected or appointed shall, before oa^and entering upon the duties of office, and within ten days after notice of election or apx)ointment, take and file with the clerk of said board of trustees the constitutional oath of this State, and shall also enter into a bond to said board of trustees, with sureties to be approved by the county jud^e of Fulton county, conditioned for the feithml p^oimanoe of his duties as such commissioner, the penalty of tiie bond of eadi commissioner in office to be in the sum of fifteen thousand dcdlars. Treaa- ^ 5. The commissioners shall, immediately upon entering npon the ^Micmani discharge of their duties, appoint one of their number treasurer, who to ap- shall be subject to removal at the discretion of the commissioners, and ^ who shall perform his duties without fee or reward. In case of Vacancy. Vacancy in the office of treasurer the commissioners shall fill such vacancy by apxxnntment, as above provided. Bvery person appointed to the office of treasurer shall, before he enters upon &e duties of sodi Bond. office, execute and deliver to said board of trastees a bond in the penalty of fifty thousand dollars, with such sureties as shall be approved by the county judge of Fulton county, conditioned that he will £uth. aork to folly perform his duties as such treasurer. The commissioners shall poinded. ^Ppo^t a clerk, at such compensation as they shall deem jost, subject to removal at their discretion. Qnoram. ^ 6. A meeting of a majority of the board of commissioners Aall be necessary for the transaction of business, though a meeting of less than a majority shall have authority to create a legal adjournment. Commis. k '^* ^^ ^hsill be the duty of the commissioners to examine and con* Bionen, gi(J^ en and ^' pure and wholesome water, an^ for t£at purpose they shall have power the?r "ow. sider all matters relative to supplying the village of GloversviUe with duties. ^ employ engineers, surveyors and such other persons as may be neces- sary for that purpose, and they shall adopt such plans as, in their opin- ion, maybe most feasible for procuring such supply of water, and wnieh shall embrace proper distribution pipes and supplies for all streets and places where, in their opinion, it shall be to the interest of said villa^i and shall ascertain the probable amount of money necessary to cany Chap. 616.] NINETY-SEVENTH SESSION. 857 fhe same into effect, and for that purpose they shall have power to con- tnct for, and purchase and take by deed or other instrument, under and, in the name of said village of Gloversville, all lands, tenements,- Tuie to hereditaments, rights or privileges whatever, and situate at any place ISen^*** within the county of Fulton, which may be required for the purpose, the vii- and to contract for the execution of this work, or any part thereof, or ^^^' the sapply of any necessary material ; and the conunissioners and their agents and employees are authorized to enter upon any land or water, ht the purpose of mi^ng surveys, and to agree with the owner of the propeirty, real or personal, which may be required for the purposes of tills act, as to the amount of such compensation to be paid to such owner. ^ 8. in case of disagreements between the commissioners and the Tiue to owners of any property which liaay be required for the purposes afore- obtofncST said, or affected by any operation connected therewith, as to the amount to ^n cam oi be paid to such owner, or in case such owner shall be an infiEint or married mentJ^^' woman, or insane or absent from this State, or unknown, or the owner of a contingent or uncertain interest, the Supreme Court at any general or spedal term within the fourth juaicial district, shall upon the appli- cation of either party, after ten days' personal notice, or where such notice cannot be served within this State, after three weeks' notice of wath application published in at least two of the weekly newsx)apers published in said county, nominate and appoint three disinterested Referees, persons referees for the whole or for each case of disagreement to ex- amine such property, who upon being duly sworn faithfully and impar- tiaily to discharge their duties, shall estimate and report te said court, Their re- at a general or si)ecial term in said district, for confirmation, the ^'^' sevenu sums which shall be a just compensation to such owners respectively, for the appropriation te the purposes of this act of any property which may be so required, or for the title or use of any sucn properly. Such referees may examine witnesses upon hearings before Proceed- ttiem, and all evidence taken before them shall accompany such report. jSre refer- In case said report shall not be confirmed by said court as te one orees. more of such resx)ective owners, the said court shall, upon the same if report notices before provided, appoint other disinterested persons as referees ^nS?med wbo shall proceed in all respects as above specified as te referees, other re- And the report of such new referees shall be treated as final and shall b«^p^.^ te confirm^ by the court poinUd. ^ 9. Whenever any report of referees shall have been confirmed by Payment aaid Supreme Court, the said commissioners may deposit, as said court <>f *^*'*^- may direct, or pay te said owner, or to such person or persons as the ooort may direct, the sum mentioned in said report, in full compensa- tion for the property so required. And thereupon the said village shall when tU- beoome seized in fee of the property so required, and said conmiis- iomw^ i^oners and village shall be discharged from all claim by reason of any aoized. soch appropriation or use. ^ 10. The said commissioners shall have power, and it shall be their Commis- daty to borrow from time to time, upon the credit of the village of S2nw*^ Oloversville, a sum not exceeding one hundred and fifty thousand money, dollars ux)on such terms of credit, not exceeding forty years, and at a mte of interest not exceeding seven per cent, per annum, as shall seem for the best interest of said village, not over six thousand dollars, witii interest, to be payable in any one year ; and to secure said loan said Bonds, oommiasioners are authorized to make, execute and deliver bonds^ oertiAcates or other obligations, which shall be signed by them, or any ft?e of them as such comnodssioners, which said bonds, certificates or 55 858 LAWS OF NEW YORK. [C^ap. 616. How pay. other obligations sliall be made .payable in each rei^pective amounis ^^^^' and at such respectiye times as such oommiasioners shall deem best, and the same and the interest thereon shall be a valid liability against said village, and the credit of said village is pledged for the paymrat of the same ; and the said money so borrowed shall be appropriated by said commissioners to supplying said village with water agreeably with the provisions of this aot. Commis- ^ 11. Said oommissioners shall have power to make all neoessttv have ^w- oontracts for labor and materials in the oonstruction of the work and ail er to con- pertaining thereto ; and whenever any contracts other than for labor by ^^ the day shall be xnade, said oontraofc diall be in writincr, signed by a Certain majority of the oommissioners, and of which there H&all be three to be?n^ originate executed by the parties, which shall be numbered with the writing, same numbers, one of which shall be ^ven to the contractor, one to the said board of trustees and one retainra by the commissioners, and three Sealed weeks' public notice shall be given in one or more newspax^ers publuAed notiS?^^r.' ^ <^^ village, as the commissioners shall direct, of i^e times add places at which sealed proposals will be received for entering into naeh contracts ; and the commisrioners shall have full discretion as to the acceptance or rejection of any and all sealed proposals. And in oafld any material or labor shall then remain uncontracted for, the like notice for sealed proiX)sals and like proceedings as above provided may be had, and so from time to time as said oommisaoners may desire eoarity. to contract for work or materiaJs. And every person who shail enter into any contract for the supply of materials or ttie x)erformance of any work, except for labor by tne day, shall give satisfactory secozily to said commissioners for the ftithfiil performance of his contract aeocriL ing to its terms. Gommis. ^ 12. No commissioner cihall be interested, directly or indirectly, in not'tcTbe cuiy Contract relating to the work or materials therefor, nor in any woik interested or materials for the work, nor for any portion of the water-works, nor tn^,' shall he receive any compensation for his services, nor for anytiniig r^eiT?^ pertaining theo^to, fiirther than all necessary expenses and disbiuse- pay. ments paid by him. Right to 4 IS. The said commissioners, and all persons actinff* under their ^nnd Authority, shall have the right to use the ground or soil under any street, nnder highway or road within the county of Fulton, for the purpose of intra- htgbwi^. ducing water into and through any or all portions of tiie village of Gloversville, on condition that they shall cause the sur&oe of sooli street, highway or road to be relaid and restored to its usual state, and all diuna^s done thereto to be repaired, and such right shall be con* tinuous m the purx)OBe of repairing or relaying water.pii)es upon like oonditiona Water ^ 14 The seld conunissioners shall establish a scale of rents to be cOTimis- <^barged and paid to the commissioners from time to time, either in aionersto advance or at such time or times as said ccMnmissioners shall presciibe, ^Se^£ for the supply of water, to be called ^' water rents," and apportioned to the different classes of buildings in said village, in reference to their dimensions, values, exposures to fires, ordinary or extraordinaiy ines for dwellings, stores, shops, hotels, fistctories, livery stables, baniB aod all other buildings, establishments and trades, yards, mnnber of fiunilies or occupants, or consumption of water as near as may be practioable, and from time to time either modify, amend, increase or diminiflh waA rents. And said commissioners and their respective employees (Bhaii be authorized at all times to enter into any building or place where CaAP.eU.] NINETY SEVENTH SESSION, 859 wster k aned from impply pipes, to examine as to the water, quantity of water need, and manner of ncdng it. ^ 15. The connecting or supply pipes leading from buildings or yards snppiy to ibe distribution pipes shall be inserted and kept in repair at the i''^®^' expense of the owners or occupants of the building or yard, and shall Boi be inserted or connected with the main pipe nntil a permit therefor Permit sfaaD be obtuned from said commissioners or other persons having ^^^^^e^'^^- cfaaige tiiereof , and all such connecting or supply pipes shall be con. sfcni^ed in the manner directed by said commissioners or persons in charge. ^ 16. The entire annual receipts for water rents, after deducting Rccaipto tiwrefrom such sums as may be necessary to defray the ezji^ises of ronte^h^ lepair of said water.works, and eistending tiie same, and other neces- applied. sary expenses, shall be applied towiurd the payment of the interest on the loans, and also toward the creation of a sinking fund for the pay- ment of the principal of the loan, as it shall from time to time beme doe and payable, which sinking fund shall be managed by said com. mlsmonera. ^ 11. In case the entire annual receixyts for water rents after deduct. Deflcien- fng, as in said section sixteen provided, shall in any year, or in any s^'p^n^ respective years, not be sufficient to pay the interest for that respective by tax. year on said loan, it shall be the duty of the board of trustees of said village, and they are hereby directed to cause such deiidency to be nsHoeood, levied and collected from the taxable property of said village, at the same time and in the same manner as other continent expenses of said village are assessed, levied and collected, and with sndb other ocmtingent expenses, and the same shall be applied to the payment of such interest § 18. The said board of trustees of said village shall annually, on and Annual after the year eighteen hundred and seventy-four, at the same time fSfooo to when the annual assessment of contingent expenses of said village are be'ieviod. aasessed, levied and collected, cause to be assessed, levied and collected, from the taxable property of said village, the sum of one thousand dgllars, which amount when collected diall be paid to said commis- ' Bioners for the purpose of increasing the sinking mnd for the payment of said principal. ^ 19. The said commissioners shall annually, on the first day of Annnai March in each year, and at all other such times as required by said ^mmb.' board of trustees, deliver to said board of trustees a detailed statement J^^^^^Jj^'*' of all their accounts, a general statement of all their work, and the con- dition of their afiBEors and state of finances, including a full detail of the amount expended in the ptogteoB of the work, ana a particular state- ment of any deficiency as to water rents, as to meeting the interest upon the prindi)al sum borrowed, as in the previous section hereinbe- fore referred to, and all books and papers of every kind and descrip- tion kept by said commissioners, upon which are entries of their trans- actions as such, shall at all times be subject to insx)ection by said board of trustees, and by every elector of said village. J 20. All judgments against said commissioners in their name of Jndg. office, and judgments against tfaeni, when the transaction upon which against the adion was brought shall have been in the performance of their ^mmto- duties as commissioners, Ediall be deemed jud^ento against said ^ ^^^^' Bad shall not be enforced against the individual property of either of the said commissioners. 1 21. The said commissioners shall have power from time to time to ^3^^» make and establish such by-laws, rules and regulations as they shall doners' 860 LAWS OF NEW YORK. [Chap. 617. mav deem proper for the election of their of&cerB, and ae to the duties of ™^^®' their officers and employees, and as to the means of enforcing said duties, and for regulation of the time and manner of holding meetings of said commissioners, and for enforcing the collection of water rente, and regulating the manner of using water, and generally for transact* ing, managing and directing the afiairs of the commissioners, and may provide regulations as to water used, water and water rents, and enfoioe Observ. the observance thereof by cutting off the use and supply of water ; enforoedT provided that such by-laws, rules and regulations are not repugnant to this act, the Constitution of this state or of the United States. Misde- ^ 22. A violation of any of the provisions of this act by any of such me&nor. oojQxnissioners shall be deemed a misdemeanor, and, uxK)n convidion thereof of any such commissioner, his term of office shall be deemed vacant. MeetiBffof ^ 2S. As soon after the passage of this act as shall be deemed adviaa* rerident j^j^ ^^y ^^ board of trustees, a meeting of the resident tax-pay^» of payers, said village, as shown by the last preceding assessment roll of said Notice ot village, slmll be called by the said bcMtrd of tnistees, upon a notice pub- lished for two weeks in all the newspapers published in said village^ at QaestioDs which the question shall be submitted, whether the taxes in this aet mittML°^ authorized for the purposes aforesaid shall be levied and collected from the village as in this act provided ; and said oonmiissioners shall not proceed with their duties imder this act unless the majority of voters voting at such meetine shall vote in fovor of such taxes. Such vote shall be by ballot, and there shall be vnritten or inrinted on the baUot of those in £Eivor of such taxes " In &vor of taxes for water.w6rks," and on the ballots of those opposed *^ Against taxes for water-works." Bepeai. ^ 24. Chapter eight hundrea and twenty-one of the laws of eighteen hundred and seventv-one is hereby repealed. \ 26. This act shall take effect immediately. Chap. 617. AN ACT to incorporate the Lewiston Water-works Com- pany. Passed June 8, 1874 ; three-fifihs being present The People of the State of New Toi'k, represented in Senate and Assembly^ do enact as follows : Corpora. Sbction 1. James Van Cleve, Joseph K Ways, William Hotdikias, *<*■• Leander K. Scovell, Peter P. Barton, Arthur Gray, George H. Tryon, and all such persons as aie or may be hereafter aibsociatea with them. Corporate are constituted a body corporate, by the name of the Lewiston Waler^ '^™®* works Company. Capital b 2. The capital stock of said comx)any shall be fifty thousand dollars ^^' to DO divided into shares of fifty dollars each, and the said oompaay are hereby empowered to increase their capital stock at any time, not to exceed one hundred and twenty-five thousand dollars. Bookf of ^ 3. Books of subscription for ibe <»pital stock of said corporation shall rabscrip- ]^ opened under the direction of the directors hereinafter named, sab^ ject to such rules and regulations as they shall prescribe, and the siodE shall be considered personal prop^ty, and shall be assigiiable and trans*^ ferable on the books of the compuiy. Directors. ^ 4. The conoems of said company shall be managed by seven diree* tors, who shall be stockholders, and a majority of wnom shall be resi* Chap. 617.] NINETY-SEVENTH SESSION. 861 dents of the town of Lewiston, and who shall hold their offices for one Their year, and until others are chosen in their places. The directors shall be ^™e?' chosen annually on the first Wednesday of December, at such time of To be day and place, in the village of Lewiston, as the directors, for the time aSmSSiy. being, shall appoint. The first election shall be held on the first Wed- Firsi eicc- nesday of December, eighteen hundred and seventy-four. Two weeks' ''^'*' notice of such election shall be given by notice being posted in four Kotioe o£ conspicuous places in said village. Eadi stockholder shall be entitled to one vote upon each share of stock held by him or her for at least twenty days previous to an election. Voting shall be by ballot, and may be in person or by proxy. ^ 5. The directors shall annually appoint a president, secretary and President, treasurer, and such other officers as they shall deem necessary, who JJpi,St^* shall hold their offices until others are appointed in their places, and ea. they may make and ordain such by-laws and regulations as they may By Uwb. deem necessary and x)roper for the management of their business, and for accomplishing the purposes of the corporation. ^ 6. The directors may require paynient of subscriptions to the stock Payment at such times and in such proportions as they may see fit, under the ^bscrip- penalty of forfeiting all stock and previous payments thereon, and may ttons. sue for and recover all such subscriptions. Notice of the time ana xoUce. place of said payment shall be pubUshed for two weeks previous to said time, at least once in each week, in a newspaper published in Niagara county. & 7. The persons named in the first section shall be the first directors, FirBt di- and shall hold their offices until the said first Wednesday of December, '««^™- eighteen hundred and seventy-four, and until others are chosen in their places, and in case of vacancy in the direction, by reason of the death vae•ll03^ . or resignation of any director, or of his ceasing to be a stockholder, it ^<>^^®«- may be filled by the remaining directors until the next annual election, or until some other person shall be elected to fill the same. The directors herein named may appoint three persons, who shall be stock- inspectora holders, to be inspectors at the first election, after wluch the stock. Som holders shall choose three such inspectors at the annual election. If no insx)ectors are chosen, the directors may appoint three from time to time. The directors may remove all officers appointed by them, and appoint others in their places, and fill all vacancies in the offices. If FaUore of at any time an election of directors shall not take place on the day not^to^dia. apx)ointed by tWs act, the corporation shall not for fliat cause be dis- solve cor- solved, but an election may be held on another day in such manner as ^^ ^°' shall be prescribed by the directors, or provided for by the by-laws. § 8. For the purpose of supplying the said village of Lewiston with Power to water, and also the farms north and east of the said village with water, h!^dreia the said company may purchase, take and hold any real estate, and, estate, to by their directors, agenta or other persons employed, may enter upon on iwidS* the lands of any person or persons which may be necessary for the said ^* purpose, and may take the water from the Niagara river, or from any stream emptying into the said river, at such point of said river or stream as the said comx)any shall deem necessary, and divert and con- vey the same to the said village and to the farming vicinity north and east of the said village, and may construct any pipes, conduits, aque- ducts, reservoirs and other works or machinery necessary or proper for the said purpose, upon any lands so entered ux)on, held or taken, by purchase or otherwise, as hereinafter provided. The said company xo enter may, as aforesaid, enter upon any lands, streets, highways, roads or JJg^^ public squares, through which they may deem it proper to convey the ao. 863 LAWS OF NEW YORK. [Chap. 617. water ao as aforesaid to be taken, and lay and oonstract any pipes or other works for that purpose, leaving the said lands, streets, highways, roads and public squares, as nearly as may be, as they were before said Consent of entry ; but the said oompany shall not, within the village of Lewiston, owners. ^^^^ ^^^ ^^^ farms north or east of the said village, construct any such works on any occupied lot or farm, without the written consent of the owner or owners thereof first had or obtained. snryey ^ 9. Before entering, taking or using any land for the purposes of and map. ^]^g g^^ ^q directors of this company shall cause a survey and map to be made, of the lands intended to be taken or entered upon for any of said purposes, and by which the land of snch owner or oocapant intended to be taken or used shall be designated, and which map riiall be signed by the surveyor or engineer making the same, and by the Hap to be president of said company, and be filed in the office of the derk of tiie notioe"*** county of Niagara, and notice thereof given to each person whose land givon. or water it is proposed to take for the purposes of this act. The com* pany, by any two of its officers, agents or servants, may enter upon any lands for the purpose of making any examination^ and of making said survey and map, doing no unnecessary damage. Commis. ^ 10. In case the said company cannot agree with the said owneicf ^UraSe^ and occupants of any lands or water intends! to be taken or used as damagres, aforesaid for the purchase thereof, the directors may apply to the pointefi'. county court of the county of Niagara, or to the Supreme Court, at any term or session thereof held in the county of Niagara, on ten dsLn pr&. vious notice to each person, whose land or water is proposed to be taken as aforesaid, for the appointment of three ^isii^tei^^ted cosu missioners, who are hereby authorized to examine all land and -water proposed to be taken for the purposes of this act, and to determine what land and water may be taken and used by said oompany for the purposes contemplated by this act, and by whom the oompen^ sation to be paid for the damages suffered, or to be suffered, by any person or persons by reason of taking said lands and water and oon. structing any of the works of said company, shall be ascertained and determined ; and in case of the death, resignation, refusal or disability to act of any of said commissioners, the said court may appoint otiiexs in oommis. their places. The conmiissioners shall cause notice of at least twenty gK^^n^'^ days of the time and place of their meeting, to determine what land uce of or water may be taken for the purposes of this act, and to aaaesa the meeting, dn^g^g^g tJierefor, to be served upon such of the owners of said land How and water a^ can be found in this State, which may be served personi^y^ served, ^p |j^ ^^^q^ absenoe from their dwellings or places of business, by leaving the same thereat with some person of suitable age ; and in case of any legal di£»*bility of such owner to act, thereupon serving notice in like manner upon Ids or her guardian, or person appointed to act for him or her as hereinafter directed, and in case any of said owners cannoi be found in this State, such notice shall be given them by publiahiitf the same for six weeks Buocessively in a newspaper publidied in said onardian Gounty ; and if any of said owners shall be married women, insane, fants Ao. ^^ante or idiote, the said court shall appoint some suitable x>^m>n to attend in their behalf before said conmiissioners, and take care of thf^ intereste in the premises. The oommiseioners may issue subpoenas to compel the attendance of witnesses to testify before them, and ti^y, or any one of them, may administer the usual oath to such witnesses. Report of They shall make a written report of all their proceedings, containing sionen! ^^^ testimony taken by them, and showing a description of the land allowed to be taken, and of the water to be used, and the manner in Chap. 617.] NINETY-SEVENTH SESSION. which the same may be used and oonyeyed, the sttin awarded to each owner or any other person, and return the same to the said court to be filed of record. The company shall x)ay to each commissioner the Their sum of three dollars per day for every day necessarily spent by him in g^Slm "' the x>^o™ubnce of his duties under this act, and to each witness witnen sworn and testifying, whom the commissioners shall certify were^^^- properly and necessarily 8ub|XBnaed, the sum of one dollar per day, and four oents per mile travel coming and returning, if living more than three miles from the place of meeting. ^ 11. The said company, or any "pssiy to the proceedings of the com- Appeal, missioners, may appeal from any award or determination of the com- missioners, to the court appointing them, provided the party appealing shall, witMn ten days after receiving or giving notice of the determina- tion of said commissioners, either in relation to tiie land or water to be taken or the compensation therefor, give notice in writing of the appeal to the other party or parties interested in the same, and if their proceedings in any case have been irreeular, the court mav set the same aside and order new proceedings ana appraisement, and the said court may make such orders in reference to the proceedings of the commissioners, and of notices to be given to parties, as may not be inconsistent with this act, and as the nature of the case and the inter- ests of the parties may require. ^ 12. Upon the payment or legal tend^ of the compensation awarded ^hen by the said commissioners, or the determination of said court on apx)eal, may^'^ter as the case may be, the said comx)any shall be entitled to enter upon {J^^ ^ for the purpose contemplated by this act, all the lands, waters and real ' estate which they shall be permitted to take by the determination of said commissioner or the court as aforesaid, for which said comi)ensa- tion shall be paid or tendered as aforesaid, and to hold and use the same for the said purposes to them and their successors forever. If any wbenaam person to whom any oompensation shall be awaided or who shall hie mlv^^de- entitled to the same by virtue of said awud, cannot be found, or potuted. shall refuse to receive the sum awarded to him or her, then the said payment may be made by depositing the amount of said award to the credit of said 'p&nKm in such bank as may be appointed by said court A certificate of such deposit, signed by the cashier of the bank, shall CerOflcate be published by said company in two. newspapers published in said j^^^ oounty , for four weeks successively, imme^tely aftSer said dex)Osit. If iiahed. the person to whom compensation is awaorded or who is entitled to receive the same as aforesaid, be under legal disability as aforesaid, Payment pa3nnBnt may be made to his or her guardian or person appointed as [^^°*^' aforesaid by the said court, and if said guardian or person appointed aaimoi be found, then by dex)Oflit in bank as aforesaid. ^ 18. The said company shall also take and hcdd, for the purposes How long contemphtted by this act, all the lands, waters and real estate which m^^^ho^ they shall in any way legally enter upon and take by virtue hereof to und» ao. them and their successors durii^ the continuance of this act. ^ 14 In laying pipes, conduits or aqueducts or coiustructing orn^gaia- erecting works in tl^ streets, lanes or public squares of the village of u^^' Lewiston, the company shall conform to such regulations as tiie board pipee, Ac of trustees of said vills^ shall prescribe. ^ 15. The said directors of said company may establish rules and Begnia. regulations for and concerning the conduct of all such persons as shall q^ o^' use the water from their works, so &r as respects the preservation and water. use and restraining the waste thereof, and may thereby impose penal- Penaitiea ties and forfeitures for any violation of said rules and regulations, so tl^tm' 864 LAWS OF NEW YORK. [Chap. 617. that such penalty and forfeitures shall not in any case exceed ten dollars, which penalties may be recovered with the costs in the name of Rnies, the company before any justice of the peace of said county. Said rules pubiiflhed! ^^^ regulauons shall be published for three weeks successively in a newspaper published in said county, and a copy of said rules and lega* lations certified by the president or secreta^ of said company with Bvidenoe. affidavits of the publication of the same^ made by any one of the ynb* Ushers of said paper or by a foreman in the office where pnbliisSiedy shall be received as evidence in all courts and places. viuago ^ 18. After the organization of said comjiany, and the^xpenditure of "rfbe'to ^^^y P®^ ^^^ ^^ ^^ capital by said company, the village of Lewittao, capital in its corporate capacity, may subscribe, for fire purposes, to the capital ^^^ stock of said company to the amount of twenty-five thousand dollais; Consent of provided, nevertheless, that a majority of the tax-payers, representing tox.pay- g^ majorily of the assessed valuation of said village apx>earing upon tiie last preceding assessment roll or tax list of said village, shall have fixei' Bonds, given their consent thereto in meeting ,^ and may issue bonds therefor of said village ; such stock when issued to said village to be paid for in the same manner, and to be subject to the same provisions as other stock of said corporation. Company ^ 17. The Said company shall furnish water to the village of Lewision wJer to*^ for the purpose of extinguishing fires, upon suoh terms as may be extin- agreed upon between them and the trustees of said village. The said S^ company may make any agreements, contracts, grants and leases for Agree- the sale, use and distribution of water that may be agreed ajmn ment8,Ao. i^etweeu said company and any person or persons, associations and cor- porations, which agreements, contracts, grants and leases shall be valid and effectual in law, but the said company shall make no lease or con- tract for the use of any water power south of the brow of the mountaii^ wuiftii In- ^ 18. Any person who shall maliciously or willfully destroy, or injnra works! ^^y ^^ ^® works or property of said company, or who shall malidooaly Ao^a' or willfully commit any act which shall injuriously affect, or tend tbuB meanor. to affect the water of said company, shall be guilty of a misdemeanor. ProTis- ^ 19. The corporation hereby created shall possess the powers, ai»d slappfiodi be subject to the provisions of title three, chapter eighteen of the first ' part of the Revised Statutes. LiabUity ^ 20. All .the Stockholders of the company hereby created shall be hoidora. severally and individually liable to the crecutors of said company, to an amount equal to the amount of stock held by them respectively, fov all debts and contracts made b^ said company, until the whole aaaoont of the capital stock fixed and limited by tite directors of said oompaajr shall be paid in and a certificate thereof shall have been made and Capital recorded as prescribed in the following section, and the capital siodc ^n'to so fixed shall all be paid in, one^half thereof in one year, and the other be paid in. half within two years ficom the time of the conmiencement of the works of said company under this act, or the corporation hereby created sfaodl be dissolved. certifl. ^ 21. The president and a majority of the directors within thirty oapltiu^^ days after the payment of the last installment of the capital stock, Btock hM shall make a certificate of the amount of the capital fixed and paid in, inf "^ ^ which certificate shall be signed and sworn to by the president and a majority of the directors, and shall, within thirty days, be recorded in the clerk's office of Niagara county. * So in oriffinnl. Chap. 617.] NINETY-SEVENTH SESSION. 865 h 22. The stockholders of said ooinx)any shall be jointly and severally Liability liaole for all debts that may be due and ovdng to all their laborers and ^d ser^" servants for services performed for said company.^ vaute. ^ 23. The indebtedness of said company shall not at any time exceed Limit of an amount equal to fifty per cent, of its capital stock, and if the indebt- JP^f^j^ edness of said company shall at any time exceed such amount, the directors of said oQmx)any assenting thereto shall be personally and individually liable for suer annum orrm^e. upon the capital stock actually paid in and expended, toother with the sum so paid in and expended, then the said water.'works and all the lands, fixtures, appurtenances and property, shall become the property of the said village, provided a majority of the stockholders shall assent tiiereto. But the said village shall be bound by any exist- ing contracts, leases, agreements or liabilities of the said company. 866 LAWS OF NEW YORK. [Chap. 6tt. Chap. 618. AN ACT for the relief of William Baxter, David P.- Dobbins, and Theodore Davis. FasBed June 8, 1614 ; by a two4Mid Tofce. - The People of the 8tate of New York, represented in Senate ani Asseinbly^ do enact asfdllowa: comp. Section 1. The Comptroller shall pay William Baxter or his ]Qffi make piiy. repreaeutatlves, upon the preaentation of the certificate of the Stete munt to Engineer and Siurveyar^ that said William Baxter hae placed, doriigf ^zter^ the seaeon of navigation of eighteen hundred and 8eventy-four» upon tli^ canals of this State seven steam^boats fully equipped and being in «& respects equal in xx>wer and capacity to the steam canal boat "' City of New York/* to fulfill the requirements and conditi(»is of chwter ei^ hundred and sixty-dght of the laws of eighteen hundred and sev^^*- To David one, the sum of thirty-five thousand dollars. And the CkMnptrolligf bins!^^ shall in like manner, upon the certificate of the State Engineer and Surveyor, pay to David P. Dobbins or his l^gal representatives^ whea. ever he shall, within the season of navigatioa of eighteen hundxed and seventy.four, have placed upon the canals of this State, thiee stegsi* boats, each fully equipped, and being in all respedis fully equal in power . and capacity to fulfill the requirements and conditions of chapter eigli^ hundred and sixty-eight of the laws of eighteen hundred and seventy* one, to the steam canal boat *' William Newman," the sum a86enger dexxit of the Poughkeepsie and Iwtem railroad, wherever the same may he located ; also with a fur- Branchy tbor branch connectin^^ at the intersection of Main and Market streets, ^^^ °^ muuiig through Market street to Montgomery street ; through Mont- fomerv street to Hudson street ; through said Hudson street to the old fboghkeepsie and Stormville plank-road ; over such road to any road or fl&eet which is now or may hereafter be laid out from said old plank. Toad to the road which runs from the Dutohess turnpike past Vassar S^male College ; and over such new road or street tosaid rcxtd running past sftid ooUeffe, thence along said road to the said main entrance to fte said grounds of the Vassar Female College ; also, with a further Further branch m>m said Main street and Dutohess turnpike in said city and ^Ste oh town of PoughkeeiMsie, through Grand avenue, or such other street or streets as now are or hereafter may be laid out, to the said Hudson street md the old Poughkeepsie and Stormville plank^road. 4 2. This act wall take effect immediately. Chap. 630. AN ACT to amend chapter three hundred and ninety-six of the laws of eighteen hundred and seventy-two, enti- tled ^^ An act to incorporate the Mamaroneck and Rye Neck Fire Department," passed April twenty-sixth, eighteen hundred and seventy-two. Passed June 8, 1814 ; three-fifths being present. The People of the State c^ New Torky represented in Seivate and AieembLy^ do enact as foUows : Sbction 1. Section one of an act entitled " An act to incorporate the Mamaroneck and Bve Neck Fire Department," passed April twenty. ^^^9 eighteen hundred and seventy.two, is hereby amenaed so as to '^ as follows : \ 1. All that portion of the tewns of Mamaroneck and Rye, in the Mamaro- Jpuuty of Westchester, which is embraced in the following bounds and I^J'Neok ^ts, to wit: Commending at a point at the easterly end of Van flredis- Amhnges mill-dam, running thence along the westerly line of Van ' "^ ' 868 LAWS OF NEW YORK. [Chap. 680. boand- AmTin^fes mill-pond to the extreme point of the moet easterly aim of aries of. ^Yiq said milUpond ; thenoe in a direct line to a stone adjoining th* lands of Mr. Grant on the Harrison road, in a road defining the bonnd- ary line of the towns of Harrison and Rye ; thence following the division line of said towns to the Mamaroneck river,* following UxA bank of said river to what is generally known as the Boulevard bridge ; thenoe from said Boulevard bridge in a direct line to what is known 8i Higbie's bridge ; from said Higbie's bridge in a direct line to the junction of Weaver street and the Boston post-roaid, crossing said post-road, and following the easterly line of the creek, generally known as the " Gut,** to Long Island Sound ; thence following the line of the sound to the point of starting, shall hereafter be S:nown as the Mamaroneek an^ Rye Neck Fire District ^ 2. Section two of said act is amended so as to read as follows: Who Shan ^ 2. All male citizens of lawful age, residing within said corporate membS?* ^^i^i *^d who are tax-payers therein, shall be deemed members of the of the cor- corporation established and created by this act, and as such shall be a Corporate '^7 corporate, to be called and known as " The Mamaroneek and Rj name. Neck Fire Department," and shall have perpetual succesmon, and Corporate that name be capable of suing and being sued in all courts and pkoeB, powers, j^ j^ji manner of actions ; and also have power to take, hold and convey any real or personal property, to an amount not exceeding five thousaad dollars, for the purpose of procuring suitable fire^ngines, hooks fuid ladders, all necessary tools and implements for the safety and pieserva- tion of the property within said fire district from destruction by fire, and also to provide suitable engine houses for the safety and protection of the fire engine and other property belonging to said deparhnent & 3. Section three of said act is hereby amended so as to read as follows : ^ Trasteea, ^ 3. Joseph Hoffinan, Oeorge J. Hains,^ Samuel ^lliam Johnson, m^lnd^' ^^^^ ^' Revere and Gteorge W. Armstrong, shall be and are hereby duties, declared trustees of said fire department ; and their successors, or a majority of them, shall have full power and authority, and it sIaII be Bylaws, their duty to make, establish and ordain such by-laws, rules and ref- lations as they may from time to time deem proper for the organization of one or more fire companies for the prevention of fires and the safety of the proi)erty within said fire district from danger by fire, and also the time and manner of appointing firemen, not exceeding fifty to each fire-engine or hook and ladder company ; to make and ordain such rules and regulations for the government of the persons appointed as Fines and firemen, and impose such fines and penalties, not exceeding fifty doUan penalties. ^^^ ^^^y ^^^ oflFense, upon such persons as shall violate any ordinance or by-law that may be adopted for the government and safety of any property within said &re aistrict from destruction by fire ; and also U) impose such fines and penalties, not exceeding five dollars for each offense, ui)on any person or persons appointed as firemen, for any violation of the rules and regulations tnat may be adopted for the government of anv fire company organized under this act, and generally to manage, control and regulate the af&irs and property of said corpora* tion for the purposes hereby established. & 3.* Section four of said act is hereby amended so as to read as follows : Fines and ^4 All fines and penalties incurred by this act shall and may he SS^^ie®*' recovered by the Mamaroneek and Rye Neck Fire Department, before * So in original. 6UP.620.] NINETY^EVENTH SESSION- 869 fay jofitice of the peace feading within the established fire district, in covered toy action to be brouffht for tlmt purpose, with costs of suit. All fines ^f^lj^ ind penalties collected shall be applied for the purpose of procuring Md keeping in repair the fire-engine or engines, hose, hook and ladder Incks and other implements belonging to said corporation. |4* Section five of said act is hereby amended so as to read as Ibuows : ,' I & The first meeting of the members of said fire department shall lint )»hekl on the first Monday of June, eighteen hundred and seventy. >neeting. i>ar. The first annual meeting for the election of a trustee of said fire Fint an- department shall be held on the first Monday of June, eighteen hnn- "n/f^^®^ died and seventy-five, at such place as shall be designated by the election trustees named in the third section of this act, and one trustee shall be °^^^'^®* elected annually thereafter. The trustee so elected shall hold his ofSce Term of tor five years or until another is chosen and qualified as his successor. ^^^^ The trustees named in the third section of this act shall hold their nqpective offices as follows : George W. Armstrong until the first Mon. d^y of June, eighteen hundred and seventy-five ; John W. Bevere until the first Monday of June, eighteen hundred and seventy-six ; Samuel William Johnson until the first Monday of June, eighteen hundred and serenty-seven ; George J. Haines until the first Monday of June, eighteen hundred and seventy-eight ; Joseph Hoffinan until the first Ifonday of June, eighteen hundr^ and seventy-nine, and until their saeoessors shall be elected, as herein provided. The trustees, when- vacancr. ewt a vacancy occurs, from death or resignation of one of their number, ^o^^ued. Aall have power to call a meeting of the members of said fire depart- ment, who shall proceed to fill such vacancy, as provided for in seiction eeven of the act hereby amend. At the first meeting held pursuant to Time and this act, and at each annual meeting thereafter, the hour and place of ^^^^^^i^ holding the next annual meeting diall be fixed. The trusted shall be Axel, eause a notice of the time and place of every meeting to held under the xoUce of. TOOvisions of this act, to be posted in at least five public places in the district mentioned in the first section of this act, at least six days before the time apx>ointed for such meeting ; and if there be a newspaper published in either of the towns of Mamaroneek or Rye,* they shall also cause a copy of such notice to be published in such paper at least ouoe before the time of such meeting. i5.^ Section seven of said act is hereby amended so as to read as ows: ^ 1. The members of said fire department, when lawfully assembled powers of at any meeting called by the trustees, shall have power by a majority ™gS?Sw- of the votes of those present : itiuy m- . Ist. To appoint a Siairman for the time being. seiuwed. 2ud. To adjourn from time to time, as occasion may require. 3rd. To elect one trustee, provided the call in this instance is made for the regular annual election, and to fill any vacancy thereof 4tlL To authorize the trustees to levy such sums of money as may be deemed necessary for the purchase of fire-engines and other apxiaratus, and for the purchase of a site or sites (not exceeding two), for engine bouses, and to Enable them to build engine houses and to keep the same in repair, but no person shall vote at such meeting upon any Levying question involving the levy of such sums of money unless he is a tax- "^^JJi^. payer in the district described in the first section of this act, and it none of voters, Ao. •So in original. 868 LAWS OF NEW YORK. [Chap. 620. boand- Amrin^s mill-pond to the extreme point of the most easterly arm of aries of. |.|jq gg^^ milUpond ; thenoe in a direct line to a stone adjoining the lands of Mr. Grant on the Harrison road, in a road defining the bound- ary line of the towns of Harrison and Rye ; thence following the division line of said towns to the Mamaroneek river, following the bank of said river to what is generally known as the Boulevard bndge ; thence from said Boulevard bridge in a direct line to what is known as Higbie's bridge ; from said Higbie's bridge in a direct line to the junction of Weaver street and the Boston post-ioaid, crossing said post-road, and following the easteriy line of the creek, generally known as the " GrUt,'* to Long Island Sound ; thence following the line of the sound to the point of starting, shall hereafter be Icnown as the Mamaroneek and Rye Neck Fire District. ^ 2. Section two of said act is amended so as to read as follows : Who shall ^ 2. All male dtizens of lawful age, residing within said corporate m*emb««* limits, and who are tax-payers therein, shall be deemed members of the of the oor- corporation established and created by this act, and as such shall be a corporate ^^7 corporate, to be called and known as " The Mamaroneek and Rye name. Neck Fire Department," and shall have perpetual succession, and by Corporate that name be capable of suing and being sued in all courts and places, powers, j^ ^n manner of actions ; and also have power to take, hold and convey any real or x>ersonal property, to an amount not exceeding five thousand dollars, for the purpose of procuring suitable fire^ngines, hooks and ladders, all necessary tools and implements for the safety and preserva- tion of the property within said fire district from destruction by fire, and also to provide suitable engine houses for the safety and protection of the tire engine and other property belonging to said departaient. & 3. Section three of said act is hereby amended so as to read as fol lows : Trastees, ^ 3. Joseph Hoffinan, Oeorge J. Hains,^ Samuel William Johnson, m^£S^' ^^^^ ^' Revere and George W. Armstrong, shall be and are hereby datiea. declared trustees of said fire department ; and their successors, or a majority of them, shall have full power and authority, and it shall be By-laws, their duty to make, establish and ordain such by-laws, rules and regu- lations as they may from time to time deem proper for the organization of one or more fire companies for the prevention of fires and the safety of the prox)erty within said fire district from danger by fire, and also the time and manner of appointing firemen, not exceeding fifty to each fire-engine or hook and ladder company ; to ma^e and ordain sudi rules and regulations for the government of the persons appointed as Fines and firemen, and impose such fines and penalties, not exceeding fifty dollars penalties, f^j, ^^^y ^^^ oflFense, upon such x)ersonsa8 shall violate any ordinance or by-law that may be adopted for the government and safety of any property within said &re district from destruction by fire ; and also to impose such fines and penalties, not exceeding five dollars for eadi offense, upon any person or persons appointed as firemen, for any violation of the rules and regulations that may be adopted for tl^ government of any fire company organized under this act, and generally to manage, control and regulate the a&irs and property of said corpora- tion for the purposes hereby established. & 3.* Section four of said act is hereby amended so as to read as follows : Fines and ^4 All fines and penalties incurred by this act shall and may be Eow^e-^** recovered by the Mamaroneek and Rye Neck Fire Department, before " ' ■■ ' ■ — - — ^ > — ■ ■ — rw ■■■ _ III * So in original. |iui>. 6*1.] MNETY-SEVENTH SESSION. 871 ^ Chap. 621. mS ACT to amend an act entitled ^^ An act in relation to 'Sections in the city and county of New York, and to. |jj>rovide for ascertaining by proper proof the citizens f wko shfikll be entitled to the right of 8u£&age thereat, fWiBsed May the fourteenth, eighteen hundred and f'leventy-two, being chapter six hundred and seventy- " five of the laws of eighteen hundred and seventy-two, r«ad the act or acts amendatory thereof, or supplement- ary thereto. M Passed June 8, 1874 ; three-fifths being present K* '3%e People of the State of New Tork, represented in JSencUe and iMMm5l2^, do enact aa foUawe : |I»f fiscnoN 1. Section nine of chapter mx hundred and aeventy-five of I ttie laws of eighteen hundred and seventy-two is hereby amended so as t^tead SB follows : I ^ 9. It shall be the duty of the board of police on or before the seven- i ifteeoth day of Aurast, in the year one thousand eight hundred and l^a* twen- llfenty-four, to divide the seventeenth and twentieth Aseembly tieth ae- 1 jBsfancis in the dtjr and county of New York, into election districts, so SStHctst ^ M «aeh election district shall contain as near as practicable two hundred {^^^^^j^o.^ I nd fifty voters, the registration for the year eighteen hundred and tion dis^' isventy-two being taken as the basis on which such division shall be ^®^' aade. Ab te as possible the board of police shall preserve in the new lialricts, the nnmerical numbers existing in the present election ifstsiots, in eadi of said Assembly districts ; and no election district iball be in part within two congressional districts. And it shall not be hwfdl for the said board prior to or on the said fifteenth day of August, to alter or change either the number or boundaries of any election district^ in any o&er Assembly district, in the dty and county of New York, or to thereafter alter or change either the number or boundaries of any election district, save in such years as by law the said city and county is re-districted by Assembly districts, and in such years as the yuaaaX and customary enumeration of citizens in the city and county of Ke-dis New York is had and taken, when as early as the first day of Septem- '^®'*"«- her, in any such year a general re-districting of the said dty and county of New York, upon the same numerical b^s as to voters as in this section above provided, shall be made by Assembly districts, upon the l^ffls of the registration of voters for that year last preceding the time of such re-districting, in which members of congress shall have been <^hoBen. ^ On or before the fifteenth day of August, in the year one thousand Twenty- «ijght hundred and seventy-four, the said board of xx)lioe shall also twOTty!*^ divide the twenty-third and twenty-fourth wards of said dty, formed fonrtj out of the territory lately annexed to the city of New York, into elec- b^m^wed ^Q districts, so that each of such districts shall contain as near as [j'^ ^\^^ practicable two hundred and fifty voters, the number of votes cast in tricta. "' ^^ several election districts in said territory at the general election held for the year one thousand eight hundred and seventy-two being taken % the basis on which such division shall be made ; but at any subse- quent re-districting of said territory all the provisions of this act for 870 LAWS OF NEW YORK. [Chap. 620. shall require a majority of all the tax-payeis present at sach meetiiig to authorize the levying of any sum or sums of mdney. & 6.* Section eight of said act is hereby amended so as to read aa follows : When ^ 8. The trustees shall, as often as any sum of money shall be voted ^^ oQt^ for the purpose aforesaid, and within ten days thereafter, make out a tax list tax list and assessment roll of the property embraced in the fire S^i^t district, and also make out a wanant for the collection of said tax, roll, fto. returnable at the expiration of sixty days firom the delivery of the same to the collectors, and to deliver the same to a collector (whom thev shall have power to appoint) within fifteen days of the time of Tax list, such voto. Said tax list and assessment roll to be based upon the last ^'aXbe fl'Ss^^i^^^^ voUs of the towus of Mamaroneck and Rye,^ so far as the based. Same shall apply to property embraced within said fire district ; and it Tax. how shall be the dutv of the collector to collect such tax from the taxable couected. inhabitants of the fire district in the same manner as the town taxes Ooueo- cure authorized to be collected by law. The collector shall receive and tor's fees, oollect, in addition to the tax authorized as aforesaid, the sum of five cents on each dollar so collected by him, under the warrants of said trustees for his fees. & 1.* Section nine of said act is hereby amended so as to read as follows : Estimate k ^* ^^ ^^^^ ^ ^^^ ^^^7 ^ ^^ trustoes to prepare a statement of the of oontin- Bums uocessary to be raised for the contingent exx>en8es of said pens^^ department, and to present the same at the fkst meeting held under mato3^^ and pursuant to this act, and at each and every annual meeting there. ' after, for the consideration and approval of the dtizens in the fire Accoant district, and they shall at such meeting present an account of aU ez- ditoros!"' P^i^edivided and fifty voters, the registration for the year eighteen hundred and tion du^' aeventy-two being taken as the basis on which such division shall be *^®**' made. As iar as possible the board of police shall preserve in the new districts, the numerical numbers existing in the present election diatricts, in each of said Assembly districts ; and no election district diall be in part within two congressional districts. And it shall not be lawful for the said board prior to or on the said fifteenth day of August, to alter or change either the number or boundaries of any election district, in any other Assembly district, in the city and county of New Ytnrk, or to thereafter alter or change either the number or boundaries of any election district, save in such years as by law the said city and county is re^stricted by Assembly districts, and in such years as the usual and customary enumeration of citizens in the city and county of ue-dis New York is had and taken, when as early as the first day of Septem- '^^c'*'^- ber, in any such year a general re-districting of the said dty and county of New York, upon the same numerical bc^ as to voters as in this section above provided, shall be made by Assembly districts, upon the baas of the registration of voters for that year last preceding the time of such re-districting, in which members of congress shall have been chosen. On or before the fifteenth day of August, in the year one thousand Twenty- eight hundred and seventy-four, the said board of jwlioe ahall also t^^ty?*^ divide the twenty-third and twenty-fourth wards of said city, formed fonrt^ out of the territory lately aamexed to the city of New York, into elec- bed^ded tion districts, so that each of such districts shall contain as near as [f^ ^^' practicable two hundred and fifty voters, the number of votes cast in tricta. *" the several election districts in said territory at the general election held for the year one thousand eight hundred and seventv-two being taken as the basis on which such division shall be made ; but at any subse- quent re^districting of said territory all the provisions of this act for 1 873 LAWS OF NEW YORK. [Chap. 621. Proviso. Bogrletra* tion of Toten. Oath of remoTal, before whom made. Statement ofreeolt, inspectors to make, Ac. Statement to be de- livered to chief of bureau of elections. the dij and county of New York shall be observed and performed in relation thereto ; Provided, however, that the said board of police may, on or before the fifteenth day of August, in the year one thousand eight hundred and seventy-four, and in each second year thereafter, divide such elec- tion districts, ana such only as by the registration of voters of tiie two preceding years shall be found to have had an average registration of more than four hundred voters. Bnt in any such division of any such district, one portion of the district shall retain the original nui&erical designation, and the other portion shall take the number immediately following the highest numoered district in the Assembly district of which it forms a part. ^ 2. Section thirty-seven of chapter six hundred and seventy-five of the laws of eighteen hundred ana seventy-two is hereby amended so as to read as rollows : ^ 37. No person who is registered in one election district shall regis, ter or cause himself to be registered in another district while any prior registration remains unerasea, or in any other matter^ than is in tMs act provided, but if in the event of any revision of any general regis, tration in any portion of the city and county of New York, any penxm shall present himself before any board of registration for the purpose of being registered as a voter, and it shall appear that the name of mA perscm is lx>me upon the registry of any election district c^er than that in which he shall at the time of such revision make application for registration, and that since the day of the preceding election or regis* tration he hsa removed from the district in which he was tiien registered to the district in which he shall, at the time of any such revision, apphr for registration, and it shall aslo * appear that there is no meeting of the board of inspectors in the district in which his name ahaJl be bcvne upon the registry for the purpose of revision, then, and in sodi erent the oath of removal may be made before any member of the boaid d inspectors in any district to which he shall have removed, and the person so appearing at any such revision of registration shall be entitled to all the rights and privileges to which he would be entitled were the registration a general r^pUitration and the said person makiiig an original application K>r registration. ^ 3. When the canvass of the ballots found in any box shall have been completed and public proclamation made, as provided by law, the inspectors shall deliver to a x)atrolman on duty at the polling places a statement subscribed with their names, which shall be forthwith con- veyed by the said patrolman to the station-house of the jirednct where the polling place is located, and the captain or sergeant in charge shall immediately transmit, by telegraph or otherwise, the result of such statement to the sux>erintendent of police. Such statement shall cod- tain the total number ot votes in sudi ballot-box, and the number of votes found therein for each and every candidate. The captain or sergeant in command shall immediately deliver said statement to the chief of the bureau of elections, whose duty it shall be te file and preserve the same. . • So in original. Chap. 628.] NDJETY-SEVENTH SESSION. 878 Oliap. 623. AN ACT to authorize the Cannon street Baptist church in the city of New York, to sell certain lands in the city of Brooklyn, formerly used for cemetery purposes, and to perfect title in the purchasers thereof. Passed June 8, 1814 Thd People of the State {/ New Tork^ represented in Senate and AMsenMy^ do enact aafcUowa : Sbction 1. The corporation of the Cannon street Baptist church, in convey, the dty of New York, are hereby authorized to sell and convey, for {^ds^an- other than cemetery purposes, all their riffht, title and interest in and thorixed. to all tiiat certain tract, piece or parcel of mnd situate, lyin^ and being in tiie dty of Brooklyn, county of Eangs, and fitate of New York, bounded westerly by Humboldt street, late Smith street, southerly by • others street, easterly by Bushwick avenue, and northerly by Frost flifeet, with the streets in front to the center of the same, pursuant to tto provisions of section two of this act. \ §• For the purpose of perfecting title to said grounds in the pur. Tiue. bow chuer or purchasers thereof, the said church incorporation may proceed, pw'^**^^- as is provided in sections two to nine, both inclusive, of chapter four kandred and twenty-nine of the session laws of eighteen hundred and sixty, entitled '^ An a&t to authorize the Methodist Episcopal churches, therein named, to sell certain lands in the dty of Brooklyn, formerly Qfled for cemetery purposes, and to perfect title in the purchaseis thereof," passed April sixteen, eighteen hundred and sixty, which said aeveral sections of said act are hereby made applicable to tne aforesaid knds, and to said Gannon street &iptist church, as holding the fee thereof, ¥dth th^ same effect as is provided with respect to the five Ibthodist Bpisoopal churches named in said act ; excepting the terms of said act referring to said churches are to be read as in Uie singular luimber ; excepting if said lands are sold at public auction, such sale Manner may be made at some public place within the city of Brooklyn ; except- ^^^^ ing as to the several notices required to be published of application for the appointment of commismoners, and of their sittings, and report the pablioation thereof in one daily newspaper published within the city of Brooklyn, will be a sufficient publication within the purposes of said aet \ & This act shall take effect immediately. Chap. 633. AN ACT to amend an act entitled "An act to revise and consolidate the laws in relation to the village of Geneva, in the county of Ontario," passed March third, eigh- teen hundred and seventy-one. Passed June 9, 1814 ; three-fifths being present The People of the State of New Tork^ rtpresented in Senate and Assembly f do enact aefoUawe : Sbction 1. Section one of title one of an act entitled '* An act to revise and consolidate the laws in relation to the village of Geneva, in the 56 874 LAWS OF NEW YORK. [Chap. 623. county of Ontario," passed Mardi third, eighteen hundred and seventy- one, is hereby amended so as to read as follows : Villas § 1. The tract of territory at the foot of Seneca lake comprised within &e»!^' * square, bounded on the east bv the new pre-emption line ; on the north by the center of the turnpike road and the center of the road pass- ing in front of the dwelling of Reuben 8. Torrev ; on the west by the west line of the eight acre lots, and by a continuation thereof in the same direction nntu it intersects the said north boundary ; on the south by a line running east and west of a distance of one mile south from the south end of the Puliney or park square in Geneva ; together with all the lands heretofore taken by the trustees of the village of Genevi^ for cemetery purposes, known as Glenwood Cemetery, situate, lying and being south of and adjacent to the said south line above-mentioned^ shall hereafter be known by the name of the ** Village of Geneva," and the territory together with the inhabitants residing therein, shall be a Corporate corporation by the name of ** The Trustees of the Village of Greneva,'* ^^ and are hereby declared to be vested with and in possession of all the estate, real and personal, rights, privileges and immunities which (at the time of the passage of this act) appertain and betong to the said village of Geneva. § 2. Section three of title four of said act is hereby amended by add- ing at the end thereof the following : voQohen And all vouchers for moneys i)aid out by the treasurer during the Uvered to 7^^ preceding the annual tax meeting, shall be by him, within five tnutees. days after the adjournment of such tax meeting, delivered to the board of trustees^ who shall cause the same to be filed in their office. ^ S. Section one of title five of said act is hereby amended by adding at the end thereof the following words : PoUoe ' The police lustice shall have concurrent jurisdiction with justices of tistnSi the peace of all criminal matters within the town of Geneva, of whidi diotion. the justices of the peace and courts of special sessions thereof now have or shall have jurisdiction within the towns of this State. ^ 4 Section two of title five of said act is hereby amended by adding at the end thereof the following : PoUoe The said police constable and said extra police or night watdunen aadTextra ^^^ liJBkve power and authority respectively to arrest any person or police or persons by them found violating any of the i)enal ordinances or by-laws watch- of this corporation, and to take such person or persons before the police men, their justice, to DC dealt with the same as if such person or i)ersons had been ^^**"* arrested upon warrant or dvil process theretofore duly issued by such justice. ^ 5. Section one of title six of said act is hereby amended so as to read as follows : AnnnBi fj 1. The annual tax meeting of the tax-payers of the village of ^, w^en Geneva shall be held on the th&d Tuesday of May, commencing at ten to be held, o'clock, A. M. At least two weeks before said meeting the board of trustees shall carefully examine into and determine the amount of money that will be needed for properly carrying out the provisions of this charter, and to carry on the village government for the next year, state- and shall make a tabular statement of such amount, and of the separate ^^made P^^^pose and object for which such exi)enditure is calculated to be made, and™ nb- Stating such ol^ect or purpose and the amount needed therefor. They ti?etrii»^ shall also carefully examine the streets of said village, and shall deter- tees. mine and fix upon an aggregate amount that in their judgment will be needed to keep said sti^ete in good repair for the next year. The board of trustees shall also prepare a statement of the money on hand Chap. 623.] NINETYSEVENTH SESSION. 875 at the oommenoement of the previous year (as stated in the aocount of the year previous to that as cash on hand), of all moneys received by them under any by-law, or in any way in or by virtue of their official capacity, and the sources from which received, of all moneys expended by them and the objects for which exx>ended, and showing the balance on hand on the last day of April previous to such tax meeting. Said last statement of receipts and. expenditures shall be signed by a majority of the board of trustees, and verified under an oatib or affirma- tion by the clerk and treasurer to be correct, lliey shall publijth both such statements in the village papers at least; cme week before said meeting, and shall, in connection therewith, and at the same time, state the place where, within said corporation, said annual tax meeting shall be held. Said tax meeting shall elect a committee of three citizens Commit- to examine the above sworn account-s of the receipts and c^xpendi* ^jjij^^^. tares when made oul;, and the vouchers therefor, aiid said committee Gonnta shall report thereupon to the tax meeting to which said accounts fh^reon!^ are presented, before any other business auer oiganization. At and after the next annual tax meeting after the passage of- this act, the said tax meeting shall elect a committee of three citizens to examine saoh accounts for the next ensuing year, and said committee shall, within one week before the tax meeting to which they are to report and before the said tax meeting, examine the above accounts and the vouchers therefor, and said committee shall be prepared to report thereon and shall report thereon as early as may be after organization. It shall be the duty of the board of trustees and all officers to allow Books and said committee to examine any and all books and vouchers of this ^<>^^^c"* corporation. The aggregate amount reported for street exx)enses shall be voted on as a whole. Its amount may be decreased by a vote of the voung meeting, but cannot be increased, and said sum thus voted shall be pSse/'^ applied in repair of the streets under the discretion of the board of w^««^*yd trustees* The meeting may also vote a tax for any of the objecte ^SSH spedfied in said report of the board of trustees, published, and shall vote upon all expenditures x>roposed by the boara of trustees. After all the proposed expenditures of the trustees, as published, are voted ttvkdh ux)on, then the tax meetLu^^ may vote upon any other proposed ex- peS^*^.^^* X)enditure for any particuW object proposed, provided notice of said ^enses shall be presented to such tax meeting in items sped- ^^^iJ;^^ fically, and shall be voted on item by item; and no contingent t^ow to be expenses not thus voted ux)on shall be collected, and no part of money S^'^ voted fur any one purpose can be used for any other ; cmd, if not used ^^^^* as voted, shall remain as part of the unexi)ended balwioe in the treasury and reported as such. But the amount of taxes to be raised Limit of in any one year, over and above street expenses, salaideB fixed by this ^"®"' charter or by by-laws, shall not exceed one per cent, of the assessed valuation of the said village for the year eighteen hundred and seventy-two. Any balance in the treasury of this village, not expended 876 LAWS OF NEW YORK. [Chap. 634. Balance, how dis- posed of. Re-taxa- tlon, prop- erty DOW described. Local Im- prove- ment, no- tice of: Objec- tions to ment of commis- sioners. Repeal. Village officers. for the purpoBes voted, may be dispofied of and applied to other purposes by a vote of the annual tax meeting. ^ 6. Section four of title six of said act is hereby amended by adding at the end thereof the following : Upon any re-taxation or re-aasessment, in cases where any individnal shall have reftised or neglected to pav his tax of any former year, as above provided, the proi)erty retaxed or re^uasessed eball be definitely described in the assessment lolL hi. Section two of title seven of said act is hereby amended by adding at the end thereof the following words : Before any local improvement is mi&e, as above provided, the board of trustees shall cause notice of the same to be published in cme or move of the village paxnars for at least three weeks. Objections to confirm, ing the determination and assessment of the oommissionezB as above provided may be made also by any tax.payer of said ooarporation or village, in the same manner as person or wrsoim immediately interested. & 8. Section six of title nine of said act is hereby lepesied, ^ 9. The said act is hereby amended by strildng out the words ** town of Seneca," wherever the same occur in said act, or in any amendments thereof, and inserting instead thereof the words ^* town <^ Geneva." ^ 10. This act shall take effect immediately. Officers to be ap- pointed. To be elected. Chap. e24=. AN ACT to amend the several acts incorporating the village of Oswego Falls. Passed June 9, 1814 ; three-fifths being present. The People of the State of New Tork^ represented in Senate and AaaenMj/f do enact asfoUowe : Sbotion 1. Sections one, seven, eight, nine and ten of the act paased March twenty-second, eightecfti hundred and seventy-three, entitied *' An act to amend an act entitled ' An act to incorporate the villi^^ of Oswego Falls,*" passed March twenty-second, eighteen hundred aobd sixty-six, are hereby repealed. ^ 2. Section four of the act entitled '^ An act to incorporate the village of Oswego Falls,*' passed March twenty-second, eighteen hundred and sixty-six, is hereby amended so as to read as follows : ^ 4 The officers of said village shall consist of a president, five trustees, a x)olice justice, one assessor, one treasurer, one collector, one clerk, one street commisaoner, one or more policonen, one jailer, and such subordinate officers as are authorized by this act cnr by general laws. 6 3. Section five of epdd act is hereby amended so as to read as follows : ^ 5. The clerk, street commissioner, policemen and jailer shall be appointed by the trustees and shall hola their offices during the plea- sure of the trustee& The jpolioe justice shall be a justice of the peace of the town of Granby , residing in said village, and he shall be desig- nated and appointed as such police justice by the trustees, and shul hold said appointment during his term of office as such justice of the I)eace. All other officers hereinbefore enumerated shall be elected at Chap. 624.] NINETY-SEVENTH SESSION, 877 elections to be held as beTeinafter preacribedy and shall hold their office for one year, and until others are elected and qualified by taking and filing the prescribed oath of office. fs 4. Section eleven of said act is hereby amended so as to read as follows: ^ 11. The annual meeting, in addition to the election of officers, may Annnai pass such resolutions as may be deemed proper, instructing the trustees Snoin'!,^* in the discharge of their duties, and tiiey shall be bound by such ^o^^ of. instruction so &r as thev are within the powers conferred by this act on such meeting or on tne trustees.' The meeting shall also determine the sum to be raised by general tax upon the taxable prox)erty of the villa^, for the ordinary expenses of the village. The meetmg shall Tax ibr also determine the sum to be raised l^ general tax upon the taxable ^^eoM, prox>erl7 in the village for highway Durposes. The failure of such ^o- meeting to determine the sum iwall be aeemed the adoption of the sum which was so raised for those purposes the last preceding year. ^ 5. Subdivision seventeen of Section twenty-eight of said act is hereby amended so as to read as follows : 11. To exercise the powers and duties of commissioners of high- Board of ways of towns within tne limits of the village so far as those powers ^^^r ' and duties are consistent with other parts of this act, and are applica* else the ble to the village, to direct the improvement of the highways in such 1^7,^^ places within the village as they may deem best^ also to direct the 2^™™'^ application of a part of the sum raised for highway purposes, not en of exceeding ten per cent, in any year, to the raiding of the public *»*«*i^*y»- grounds, making and repairing walks, and to planting and protecting trees thereon. Every bridge over the Oswego river, or any part of Bridgw sud river, within the bounds of said village, together with the abut- ^^^' ments, structures and embankments connecting such bridge with the '^^^^' .bank of said river and with the roads or streets on said bank, is ^p*^* excepted and excluded from the provisions of this act All such bridges, abutments, structures and embankments shall remain subject to the care, control, keeping and management of the commissioners of highways of the town of Oranby as heretofore and now provided by law ; and the said village of Oswego Falls shall be subject to taxation Taxation. for its proportionate share of the exjienses of the town of Granby, in maintaining such bridges, abutments, structures and embankments, or for any new bridj^e over said river or to form its connections with the roads or streets in said village. i 0. Section forty-five of said act is hereby amended so as to read as follows : ^ 45. The trustees shall, within sixty days afiier the annual meeting, Ammai direct the assessor to assess upon the taxable inhabitants and property ^!S^r liable to assessment and taxation in the village, such sum as tiiey may ordinaiy deem necessary besides funds received and estimates to be received ^^p^*"*^* fiom other sources to defiray the ordinary exi)enses of the villi^^ for the current year, not to exceed the amount allowed for that purpose by the annual meeting ; also, the sum required for highway purposes For hi^h- for the current year, not to exceed the amount allowed for that pur- JJ^ciaf ^ pose by the annual meeting ; also, anjr sum directed to be raised for pupoaes. a special purpose, and whi(£, under this act, can be raised in that year. ^ 1. Sedions forty-nine, fifty and fifty-one of said act are hereby Repeal, repealed. ^ 8. Section fifty-two of said act is hereby amended so as to read as follows: 878 LAWS OF NEW YORK. [Chap. 624. street ^ 62. It shall be the duty of the street oommissioner to keep in good 8ioner*^his repair and condition all the streets and highways within the bound- dnties! aries of the village, subject to the direction of the trustees, as herein provided, and to superintend personally the work done and to make Monthly retum on oath to the trustees as often as required and at least once in aocoont. ^^^^ month, showing the amount of money paid out, to whom and for what purpose, the amount pf work, the kind of improvement, and Anditing wheu and on what street expended. The said trustees shall thereupon, tbereof. jf ^^ retum shall be found correct, audit and allow the same, and an order shall be issued for the amount found due, to be paid to the order of the said street commissioner out of the amount raised for highway purposes. § 9. Section fifty-three of said act is hereby amended so as to read as follows: Highway ^ 58. £ach male inhabitant of the age of twenty-one years, or over, seument residing in said villa^ shall be assessed two days* labor on the high- and col- ways wit^iu said village, which assessment shall be made by the lecUon of. ^jugjjg^ qJ g^id village and ooUected by the said street commissioner in the same manner as such assessments are made by the commis- sioners of highways of the town of Yolney, and the said street oom- missioner slmll have the same powers to collect the same as are commnta. possessed by overseers of highways of towns, except that any person ^^^' may commute therefor by paying to the collector of said vluage the sum of one dollari ^ 10. Section fiffcy-four of said act is hereby amended so as to read as follows : stroet ^ 54 The compensation of the street commissioner shall be deter. %nS^ jiis ^ii^d ^7 ^0 trustees at a specified sum for each day actually spent in oompen- the ^discharge of his duties, to be stated by him on oath with his retumSy sation. ^j^^ ^j^Yi be audited bv the tnistrees and allowed by them and paid out of the sum raised K)r highway purposes. & 11. Section fifty-six of said act is hereby amended so as to read as fouows : Taxes and \ 56. All taxes levied and assessments made under this act may be J^^- collected under a warrant for that purpose, to be issued by the trus- how col- tees, to be returned to them within sixty days after the receipt thereof ^ected. 1^^ ^ collector, with his certificate, showing his collections thereon. Collector, The collector shall be, and hereby is, vested with the same powers, and Ms pow. g}^^i] ]^ entitled to the same compensation in respect thereto ; and His bond, before entering upon his official duties shall execute a like bond, to be ofpr?*^^*^ approved by the president of the village, as collectors of taxes in the oeeoiag. town, and must proceed in the same manner, except as herein otherwi^ Erovidedf and except that the notice of the times and places at whidi e will receive taxes required to be posted, shall also be published in the official paper of the village, if there be one ; and he shall within the time fixed for the retum of his warrant, pay over to the treanoer all moneys collected by him on account of such assessment ; and if any shall remain unooUected the warrant may be renewed once and again for thirty days. ^ 12. Section sixty-two of said act is hereby amended so as to read as follows : PoUoe ^ 62. The police justice shall be a justice of the peace of the town of i°o^w^ffp- €^ranby, residing in the village, or if there be no justice of the peace pointed, reading in the village, then a justice of the peace residing near the village within said town of Granby, who shall, by resolution of the trustees, be appointed to the office of police justice of the village, and Chap. 625.] NINETY-SEVENTH SESSION. 879 shall hold said office daring the remainder of his term of office as justice His termi of the peace. Before entering upon the duties of said office of police ^^o****®- justice, and within five days after being notified of his appointment Hisoffloiai thereto, he shall take and subscribe the usual oath of office and file the ^^^' game in the office of the clerk of Oswego county, at which office his appointment shall be certified by the president and clerk of said village, fie shall possess the same powers, except as herein otherwise provided His pow- and enlarged, and be subject to the same duties and liabilities in crimi- d?t£f nal cases as justices of the peace of the several towns in this State, and is hereby authorized and empowered to inflict punishment by fine not exceeding two hundred and fifty dollars, or imprisonment not exceed- ing one year, or both, and may, in his discretion, when the sentence of any person shall be for a time not less than three months, commit such person to the penitentiary of the county of Onondaga, providing the • agreement authorized by section seven of chapter three hundred and tUrty-eight of the laws of eighteen hundred and fifty, shall have been made by the board of supervisors of the county of Oswego, and be of force. He shall also have jurisdiction to try and shall proceed (without His Jaris. allowing bail to the grand jury) and try all persons brought before him ^f^ ^ accused of any crime of the grade of misdemeanor, or other crime not meanon. punishable by imprisonment in the State prison, but any such x)^rson shall have the right of trial by jury, as provided by courts of special sessions, if he shall demand the same. Said justice shall, in all thin^ Mode of relating to the mode and manner of procedure in his court, and in ^^^ arraignment or trial of parties accused, be governed by the same laws and rules as justices of the peace or courts of special sessions in towns, and he may, when in his jud^ent a complaint has been made before him without probable cause, impose the costs of the proceedings upon the complainant and enforce the collection thereof, aa in other cases, and whenever it shall appear to the satisfaction of said police justice Postpone- that the i)ostponement of the trial of any person to be tried before him JJgJ? ^' is necessary, he may postpone such trial to a day certain, and may, pending such postponement or adjournment, admit such person to bail. If the 1x)nds so taken shall be forfeited by the non-appearance of the accused at the time fixed for such trial, the same may be prosecuted by and in the name of tiie supervisor of the town of Oranby, and for the benefit of said town. ^13. Sections sixty-five, mxty-seven and sixty-eight of said act, Certain passed March twenty-second, eighteen hundred and sixty-six, are JJSSS**' hereby revived and declared to be of full force and effect act re- Chap. 635. AN ACT to amend an act entitled "An act to incorporate the village of Oneonta, Otsego county, New York," passed April twentieth, eighteen hundred and seventy. Passed June 9, 1814 ; three-fifths being present. The People of the JSkUe of New York, represented in Senate and Assembly, do enact as follows : Section 1. Section two of title one of an act entitled " An act to incor- X)orate the village of Oneonta, Otsego county. New York," passed April twentieth, eighteen hundred and seventy. Is hereby amended so as to read as follows : 880 LAWS OF NEW YORK. [Chap. 625. viuag© ^ 2, The present corporate village of Oneonta, Oteego county, New a^roaT^ York, ifl hereby declared to be a separate road district, entirely tinder dutriot. the control of tiie trustees of said village. The trustees of said Tillage Trnsteea shall have the care and sux)erintendence of the streets, avenues, hign- ^*Jf ways and bridges therein ; and it shall be their duty : Btreeto. 1. Within sizty days after each annual charter election of said viL To make lage, they shall proceed to estimate and assess the number of days of highway labor to be performed during such year in said village, whidi ment of highway shall be at least three times the number of taxable inhabitants in said when and ^^^^g®* Bv^^ BUile in^bitant of said village being above the age of bow. twenty-one years (excepting ministers of the gospel and prie^ of every denomination, paupers, idiots and lunatics), shall be assessed at least one day each. The residue of each day's highway labor so £ur as possible, as follows, namely : Upon the estate, real and personal, of every inhabitant of said village, as the same shall appear by the last assessment roll of said villa^ ; ux)on each tract or parcel of land, of which the owners are non-residents, contained in said assessment roll ; upon corporations and associations of every kind which are assessed in ' said assessment roll ; upon the estate, real and personal, liable to taxa- tion, of every inhabitailt of said village, which sjiall not appear on said assessment roll ; upon each tract or i)arcel of land liable to taxation, of which the owners are non-residents, not included in said asseasment roll ; upon corporations and associations of every kind liable to taxation in said "village, not appearing in said assessment roll ; upon acoessionB or valuable miprovements n^e to real estate in said viUage, since the completion of the last assessment roll, liable to taxation; and upon acquisition of i)er8onal estate to an inhabitant of said village, whi^<^' the city treasurer all fees authorized and directed to be collected by him in and by any warrant issued to him for the collection of taxes or assessments, and he shall receive annually for his services the sum of His com. fifteen hundred dollars, and he shall attend at a place furnished by the peoMtion. common council, at least six hours each day during each year, Sundays and legal holidays excepted. Immediately upon the expiration of the when to time limited in any warrant issued to him for the collection of any tax ^f "'' or assessment, said collector shall report and make return to the common council under oath, stating the several amounts by him collected, and of whom collected, the payments of the moneys so collected, and to what officer with his vouchers therefor, and the several amounts of taxes or assessments which have not been collected by him and remaining unpaid ; and said common council, upon suchrex)ort being received and unpaid accepted by them, shall order and direct the several items of unjmd Stered.^* taxes or assessments contained therein to be entered by said collector in a book provided by said common council, and to be kept by him in Ids office, upon the first column of which shall be docketed and entered alphabetically the names of the persons against whom the unpaid taxes 882 LAWS OF NEW YORK. [Chap. 626. or assesBmentB are levied or asseflsed; upon the second colamii the date of the warrant ; upon the third column the date of the return day of the warrant; upon the fourth column a brief description of the prox)ert7 in re8X>ect to which the tax or assessment was made ; u;>on the Mth column the object and nature of the tax or assessment, and upon the sixth colimin the amount of the taxes or assessments, with the fees specified in said warrant added tiJiereto, which book shall also contain a seventh, upon which said collector BhsM enter the date when such amount shall be -peAA to him ; and said common council shall also canse to be docketed and entered in such book in the manner above proTided all taxes and assessments so remaning onpaad at the time of the Interest passage of this act. All taxes and assessments so entered upon siidi thereon, ^^^^^^j^ ^ij^^i bear twelve -per cent, interest from the date of the original warrant authorizing the collection of the same, and such tax or aaaees- ment and interest thereon at the rate aforesaid, together with the fees Salt may for collecting the same specified in such warrant, may be sued for and be^bronght re(5Qyer^ ]yy j;he city against any i)er8on liable therefor, except as otherwise provided in this act ; and said collector shall report to said common council at each monthly meeting thereof, all moneys ocdlected by him on sudi docket, and shall pay over the moneys so collected to the city treasurer. Benewid After the time limited in any warrant for the collection of any tax or r^^' assessments shall have expired, the common council may by reeolation authorize the collector for a i)eriod not exceeding ninety days firom the Additton. passage of such resolution, to charge five per cent, additional, as fees, ai fbes. QQ g^ji j;^g^Q^ or assessments mentioned therein, which may be thereafter collected by him, and to retain such fees on such sums so thereafter collected to his own use. ^ 3. Section six, title six of said act, as amended May fidxth, eighteen hundred and seventy-two, is hereby further amended so as to read as follows : Appiica- ^ 6. No application to lay out, open, alter, widen, contract, extend, out! pav*^ discontinue, level, pave or grade any street, lane or highway, or oon- 8Tade,&o.; struct or rebuild any sewer (except in the cases hereinafter mentioned), w^a^ in any other part of the city than east of the east line of Water street eewera. therein, and excepting, also. South Water street, south of First street, in said city, shall be entertained, or in any manner acted upon, by the common council of said dty, unless the person or persons making bqxA application shall own at least one-third of the number of feet fron&i^ Constrac. on both sides of the prox)osed improvement. But whenever the board bnUd?S "' of health of said dity, by resolution duly passed by said board, shall of sei^rs request the common council to order the construction or rebuilding of a Srymea- sewer through or in any part of any street, lane or highway of said city, "ersons owning or occupying property and estate, real and personal, incorporated companies, banks and bank- ing assodationB in said village, according to the value of their real and personal estate in said vill^e liable to taxation, not exceeding the sum or rate of one-half of one cent per each dollar valuation. The How ooi- street taxes thus assessed ethall be collected by the village collector, plad over* ^^^^^ ^^^ Warrant of the trustees, in the same manner in all respodiR, ' and for the same fees, as other taxes assessed in said village, and shall be paid over in like manner to the village treasurer, and all provisions of this act shall apply to such street tax as fully as to any oHier tax assessed in said village. ^ 5. Title two, section three of said act is hereby amended so as to read as follows : Elective § 3. The elective officers of said village shall be the president, the an4 their treasurer, the police justice and the trustees, all of whom shall hold their term of offices for two vsars. All the other officers of said village shall be office. appointed by the trustees and shall hold their offices during the Officers pleasure of the board. The president and trustees shall be residents %i^tet A^d freeholders in said villaffe, and the treasurer and the ]x>lice justice shall be residents within saia village. ^ 6. Title fifth, section sixty of said act is hereby amended so as to read as follows : Tni8tees» ^ 60. The Said trustees shall have power to establish the rrades and enlFto^' width of all streets, lanes, alleys, highways and sidewalks in said dd^^aika "^^^^^y ^^^ cause the same to be m^e and repaired in oonfdrmity planting ' thereto, to compel the owner or occupant of any premises in said village, entrees, g^f^y giving twenty days' notice to such owner or occupant, in writing, to set out and plant shade and ornamental trees along the sidewalks, and to cause the owner or occupant to remove any such trees which shall be an obstruction to anv sidewalk ; and in case of his neglect or refiisal so to do, they shall have x>ower to cause the same to be done at the expense of such owner or occupant Bepoai. & 7. All acts and x)arts of acts inconsistent or conflicting with this act is nereby repealed. ^ 8. This act shall take effect on the first day of July, eighteen hun- dred and seventy-four. Chap. 628.] NINETY-SEVENTH SESSION. 885 Chap. 638. AN ACT to amend an act entitled " An act for the incor- poration of villages," passed April twentieth, eighteen hundred and seventy. Passed June 9, 1814 ; ihiee-fifths being {xresent. The People of the State of New Tork^ represented in Senate and AseenMy, do enact aefoUatoe : SscTiON 1, Section fhirty-two of title eight of chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled ''An act for the incorporation of villages/' is hereby amended so as to read as follows : ^ 32. All other general acts and laws of this State for the general Repeal, incorporation of villages are hereby repealed, as to the future incorpo- ration of villages, except sections ninety and ninety-one of chapter four Excep- hundred and twenty-six of the laws of eighteen hundred and forty- ^^'^' seven, which sections shall form a part of tnis act, and shall apply to all villages already incorporated or which may hereafter be incorpo- rated under this act In case there shall be any village which has been incorporated under a fi^neral act or acts for that purpose, such act or acts snail continue to be of effect as to such villages so incorporated until they may become incorporated under this act ; and after their becoming so incorporated, shall cease to be operative as to such village, except as controlled bv the provisions of this act. § 2. Section three of title two of the act entitled ''An act for the incor- S ration of villages " i)assed April twentieth, one thousand eight hun- Bd and seventy, is hereby amended so as to read as follows : ^ 3. The president, treasurer, collector and one-half of the trustees, if omcen to an even number, shall be elected annually by the electors of the village, SS^^'SSl^ and, if an odd number the smallest majority of them shall be so elected at one annual election, and the largest minority of them shall be so elected at the next annual election. At the annual election in the year one thousand eight hundred and seventy-five, the ballots shall designate Bauots. which of the triurtiees therein named shall hold office for one year, and which for two years. The clerk and street commissioner shall be officers appointed annually by the board of trustees. ^ JSef . $ 3. Section five of title two of the said act is hereby amended so as to read as follows : ^ & All officers elected or appointed under this act shall hold their Term of respective offices one year, except the tru8t.ees elected for two years, ®^®®* who shall hold their offices for two years ; and the said officers shall so hold for the respective terms aforesaid unless sooner removed or dis- qualified, and untU their successors shall be elected or appointed and qualified. ( 4. This act shall take effect immediately. 886 LAWS OF NEW YOEK. [Chap, 630, Capital stock. CoinmU- nonera to open books ibr snbsorip- tiona. Corpora- tlon» when to com* mence basineM. Chap. 639. AN ACT to amend an act entitled " An act to incorporate the Buffalo Safe-Deposit Compamy/' parsed Jane eeTenth, eighteen hundred and seventy-three. Passed June 10, 1814. The People of the State of New York, represented in Senate and AasenMy^ do enact asfcXUnos : * Section 1. Section three of an act entitled '' An act to incorporate the Baffii.lo Safe-Deposit Company," passed June scTenth, one thousaiid eiffht hundred and seventy-three, is hereby amended so as to read aa follows : \ 3. The capital stock of said corporation shall be one hundred thousand dollars, divided into two thousand shares of fifty dollars eac^ And the x)ersons named in the first section of this act, as oorpoiatoiSy shall be commissioners, whose duty it shall be, within a reasonable time after the passage of this act, on such day and in such place in the city of Bu&lo as they or a majority of them shall appoint, giving at least fourteen days' notice thereof in two or more newspapers published in said city, to open books for the purpose of receiving subscriptions, and keep the same open until the whole of said stock shall be subscribed for and taken up ; and the said corporation shall not commence businesB until twenty-five per cent, of said capital stock shall have been subscribed and paid in. \ 2. This act shall take effect immediately. Corpora* tors. Corporate name and business location. First tms- tees. Chap. 630. AN ACT to incorporate the Teutonia Savings Bank ot Brooklyn. Passed June 10, 1874. The People of the State of New Tork^ represented in Senate and Assembly y do enact a^ follows : Section 1. Mathias J. Petry, Martin Ibert, John A. Saal, Henry Bdw. Roeche, Charles Bethon, Charles Chr. Wagner, Henry Kiefer, John H. Schermann, Jeremiah Y. Meserole, J. M. Rudiger, Moses May, Loida Braun, Valentine Lehman, Joseph Fucbs, Franz Pfeifer, Herman Hees- berg, John B. Jurgens, Otto Huber, Simon Moog, Carl Burner, George Lutnringshausen, Carl Meier, William Stahlmann, fWierick Stroebel, John Freitag, Chriatoph Miller, Charles Keihl, Louis Worth and Michael J. Qaffney, and their successors, shall be and they are hereby constituted* a body corporate and politic, by the name of the Teutonia Savings Bajo^ of Brooklyn, to be located in the sirteenth ward of the dty of Brooklyn^ county of Kings, and by that name shall have ]pen>etual succession, and may sue and be sued in any of the courts of this State. § 2. The persons named in the first section of this act shall be the first trustees of the said corporation, and all vacancies in the oflSce of trustee shall be filled by the board, by ballot, without unnecessary delay, and the vote of a majority of the remaining members of tiie boam shall be necessary to elect a trustee. Chap, 630.] NINETY-SEVENTH SESSION. 887 ^ 3. The businefis of the said corporation shall be managed and Board of directed by said board of trustees, who shall elect from tiieir number a c"ectpre^ president and two vice-presidents, and may elect from their number, or 8ident,&o. otherwise, such officers as they may deem expedient ; and the vote of a ftill board of trustees shall be requisite for the appointanent of any officer reoeiving a salary therefrom, or to fix or to increase the salary of any officer ; bqi such majority shall be eomiioeed exclusiTe of any trustees receiving any salary or compensation for services as officers of said cor. poration. ^ 4 No trustee shall, directly or indirectly, receive any -pay or Tmstees emolument for his services, and no trustee, officer or* said corporation ceiVoVay shall, directly or indirectly, for himself^ or as the agent or partner of or borrow others, borrow any of the fiinds of the said corporation, or its deposits, SuSSf^^'' or in any manner use the same, or any part thereof, except to make necessary current payments, or to make investments, or to dex)06it for safety, under the oirection and by authority of the board of trustees ; Trnstees, nor Aall any trustee, officer or servant of said corportion be an indorser SSrSfte' or surety, or in any manner be an obligor, for moneys loaned by or not to bo borrowed of the corporation. surety. ^ 6. A quorum of said board of trustees shall consist of not less than Qnomm. five, of whom the president or one of the vice-pzesidents shall be one ; and it shall be lavrful for the trustees, in their by-laws, to provide for a larger quorum ; but less than a quorum shall have power to adjourn from time to time, or until the next regular meeting. ^ 6. A regular meeting of the board of trustees Siall be held once in HoDtuiy each month, to receive the reports of their officers, and transact such meeting. other business as may be necessary ; and the trustees may, in their fay- special laws, provide for calling special meetings ; and any trustee omitting to "e®*^"*- attend the regular meetings of the board for six months, unless previ- ously excused by a vote of the board, shall thereby vacate his office as torustee, but may, in the discretion of the board, be eligible to a re- election. ^ 7. The board of trustees of said corporation shall have power, from By-iaws. time to time, to make such by-laws, rules and regulations as they may think proper for the election of officers, for prescrifadng their respective powers and duties, and the manner of discharging the same, for the appointment and duties of committees, and generally for transacting, managing and directing the affairs of the corporation ; provided such by-laws, rules and regulations are not repugnant to nor inconsistent with the provisions of this act, the Constitution and laws of this State or of the United States. ^ 8. The general business and object of the corporation hereby created Bnsiness shall be to receive on deposit any sum or sums of money that may be f^^u^^" offered for that purpose by any person or persons, or l^ any religious or charitable corporations or societies, and to invest the same, and declare, credit and pay dividends or interest thereon, as hereinafter authorized, and not otherwise ; and all c^tiflcates or other evidences of Cortifl- deposit, made by the proper officer of said corporation, shall be as effec- bSmngf * tual to bind the corporation as if executed under the common seal thereof, ^ 9. It shall be lawful for the trustees of the corporation to invest the Deposits, moneys deposited with them, and the gains or prt^ts thereof, only as ^^^ted ^ follows^ namely : *So in original. 888 LAWS OF NEW YORK. [Chap. 630- In u. s. 1. In the stocks or bonds, or interest-bearing notes or certificates of bonds. Q^Q United States. state 2. In the stocks or bonds, or evidences of debt bearing interest, of ^^^^' this State. City, town 3. In the stocks or bonds of any city or county of this State, issued bonlte'***^ pursuant to the authority of any law of this State. Bondsand 4. In bonds Secured by mortgages on improved, unincumbered and ^^ productive real estate, situate in this State, worth at least twice the ' amount loane(} thereon ; but not to exceed forty per cent, of the assets of the corporation shall consist of such bonds and mortfifaffes. Real es. 5. It shall be lawful for the corporation to purchase, hold and convey OTtopn?' ^^^ estate only as follows: 1. A lot and bankin^-house requisite for ohase, ' the transaction of its business, and for an income nom such portions of conv^* the same as are not required for its own use. 2. Such as shall have been purchased at sales upon statute or other foreclosures of mortgages owned by the corporation, or upon ludgments or decrees obtained at rendered for debts due ; and all such real estate as is described in the last two preceding clauses shall be sold by the trustees within five yeais after the same shall be vested in the corporation, unless, upon appUca. tion by the trustees, the Superintendent of the Banking Department diall extend the time within which such sale shall be mMe. When ^ 10. lu all cases of loans upon real estate, a sufficient bond or otiier McnrUy^ I)ersonal security shall be required of the borrower, and all the exx)en8e0 shau be of Searches, examinations and certificates of title or appraisals of value, ofl^ozTow- and of drawing, perfecting and recording x>apers, shall be paid by sudi ®"- borrower. Bniidinxa, § 11. Whenever buildings are included in the valuation of any real boinst^ed ^^^9 ^P^^ wMch a loan shall be made by said corporation, they shall by mort- be iusuT^ by the mortgagor for at least two-thirds their value, in such J^"* company of this State as the trustees shall direct, and tiie police of insurance shall be duly assigned to the corporation ; and it shall be Renewal lawful for such corporation to renew such policy of insurance, in the of poucy. gi^jne or in any other company of this State, as they may ele^:^, from year to year, or for a longer or shorter term, in case the mortgagor shall neglect to do so, and may charge the same to him. And all the neces- Expensoa sary charges and expenses -paia by said corporation for such renewal or u^^^^ renewals shall be paid by such mortgagor to the said corporation, and shall be a lien upon the property so mortgaged until paid. Corpora- ^ 12. It shall be unlawful for the said corporation, direcUy or indi. de^ or^ ^ rectly to deal or trade in real estate in any other case, or for any other trade. purpose than as authorized in the ninth section of this act, or to deal or trade in any goods, wares, merchandise or commodities whatever, except as authorized by the provisions of this act, and except such per- sonal property as may be necessary in the transaction of its business. Corpora- § 18. It shall be lawful for the trustees of the corporation, while San torn- ^Waiting opportunity for the judicious investment of the moneys depos- poraxiiy. ited with them, as authorized and required by this act, to loan the same, or any part thereof, upon the securities mentioned in section nine of this act, but not exceeding ninety per cent, of the cash market value wben of such securities shall be loaned thereon ; and should any se<»]rities or a4d^^ depredate in value after makiug a loan thereon, it shall be the duty of tionai 86- the trustees to require the immediate payment of such loan, or a paii mns^ thereof, or additional security therefor, so that the amount loaned shall required, at uo time exceed ninety per cent, of the market value of the securities pledged therefor. Chap. 680.] NDfETY-SEVENTH SESSION. 889 § 14 It shall be the duty of the trustees of said Gorporation, as soon Deposits, as practicable, to invest the moneys deposited with them, and the gains irJ\nv«rt. or profits thereof, in the securities named in the ninth section of this ed. act, except an available fund of not exceeding twenty per cent, of the Fand to deposits with said corporation, which the larustees may keep to meet ^^tex^' current payments, and which may by them be kept on deposit in any peases bank or banking association, organized under any law or laws of this de^sUed. State or of the United States, or with any trust company, incorporated by any law of this State, upon such terms as may be agreed upon ; but the sum so kept on dei)08it in any one bank or trust company shall not exceed twenty per cent of the capital of sudi bank or trust company, and shall not exceed twenty-flve thousand dollars, or ten X)er cent, of the whole amount of deposits with this said corporation ; or such available May be fund, or any part thereof, may be loaned by the trustees on call, or on c^.*^ ^^ notice not exceeding ten days, uxx>n the securities and in the manner provided in the last preceding section of this act. ^ 15. The sums deposited with the said corporation shall be repaid Repay- to the depositors thereof, or 'their lecal representatives, at such times Seposiu and with such interest, and under sudi regulations, as the board of trus- on, regn- tees shall from time to time prescribe, which regulations shall be put iJerc/or. and kept up in some conspicuous place in the room where the business of the corporation shall be transacted, and shall also be printed in the pass-book of each depositor, but shall not be altered so as to affect any dex)offlit previously made. ^ 16. Whenever any deposit shalr be made by any person being an Deposits alien or minor, or a female, being or thereafter becoming a married n^nor^or woman, the same shall be held for the exclusive right and benefit of married sudi depositor, and free from the control or lien of all persons whatso- bow he\d. ever, except creditors, and shall be repaid, together with the dividends or interest thereon, to the person making the deposit, and the receipt Beceipt or acquittance of such alien, minor or female shall be a valid and suffi- ***<^'^'* dent release and discharge for such deposit to the corx)oration. h 11. In all actions in any court of this State, against the said corpo- in action ration, by a husband to recover for moneys dex)OBited by his wife in band, wiie her own name, or as her own money, the wife may be examined and ™f/ ^« testify as a witness in like manner as if she were an unmarried woman. ^ ®*** And in all actions against the said corporation to recover for moneys aaimant on dejKwit therewith, if there be any person or persons, whether bus- p2ity,how band or wife, or otherwise, claiming the same fiind, who are not parties oron^t to the action, the court in which such action is pending shall, on the petition of said corporation, and upon five days' notice to the plaintiff and such claimants, make an order amending the proceedings in said action, by making such claimants parties defendant thereto ; and the said court shall thereupon proceed to hear and determine the rights and interests of the several x)arties to said action in and to said fiinds. The said funds or deposits which are the subject of the said action may Fnnd may be x)ermitted to remain with said corporation at the same rate of inter- ^nl'^of' est as other deposits of the same class, to the credit of the action until action, final judgment therein, and the same shall be paid by said corporation in accordance with the provisions of said final judgment. The ques- Costs, tion of costs in the actions referred to in this section shall, in all cases, be in the discretion of the court. • ^ 18. It shall be the duty of the trustees of the said corporation to Rate of regulate the rate of interest to be allowed to the depositors in such Jji^-J^d to manner that they shall receive, as nearly as may be, all the profits of deposit- 61 890 LAWS OF NEW YORK. [Chap. 630. on, how the said corporation, after deducting neoe^Bary exx)en8es, and reserving uted!^^ Buch amount as the trustees may deem exx)edient or desintble as a sur- plus fund, which, to the amount of ten per cent, of their deposits, the trustees of said corporation are hereby authorized gradually to acciunu- ciassiacar- late and hold, to meet any contingency or loss in its business ; provided, SSStor^®" however, that it shall be lawful for the trustees to classif^ their dex>osit- «o- ors according to the extent or duration or character of their deafings with the said corporation, and to regulate the rate of interest in such a manner that each depositor shall receive a ratable proportion of interest with all others of the same class. Annual ^19. The Said corporation shall, every year, make reports to the the s'nper- Superintendent of the Bank Department, as required by law, and in intoodent such form as he shall prescribe, and the books of the said corporsuoD Depart- shall, at all times during business hours, be open to the inspection of meut, ^c. the Superintendent of the Bank Department, or of such other person as the Superintendent or the Legislature may appoint as his or their agent for that purpose. Whenever any^ent shall be appointed to make any such examination, he shall be paid for his services by soch corporation such sum as the Superintendent of the Bank Department shall certify to be just and reasonable. Supreme § 20. The Supreme court may, at any time, on the application of any appJoint*^^ trustee or depositor in said savings institution, and on reasonable cause person to shown therefor to the satis&ction of said court, appoint one or more intoin-^ persons to examine into the investments of said savings institution, vcBtmenu. and its afiairs and business generally. The books, papers and businesB Books and of Said saviugs institution shall be open and subject to the examination papers, ^f ^^^^ person or persons, and the trustees, officers and clerks thereof, or any other person, may be examined on oath by such person or per- sons ; and the same court may confer such further powers on the per* son or persons so appointed as they may consider necessary for the more tlK>rough and perfBct examination of the affairs and business of Report, said Corporation. The said person or persons so appointed shall report the result of their investigations to the said court, which, if satisfied thereby that any officer, trustee or servant of said corporation has been guilty of any fraud or misconduct, may remove such person or persons. Powers of and make such further order and take such further measures for securing Becnre^ the ftinds and property of said corporation as the said court shall deem ftuids, Ac. expedient. Misnomer { 21. The ndsnomer of said corporation in any instrument shall not Yittate. vitiate or impair the same if it be sufficiently described to ascertain the intention of the parties. General ^ 22. The Corporation hereby created shall be subject to the provisioDS onl^""^ of the eighteenth chapter of the fijrst put of the Bevised Statutes, and applied, all other general laws affecting savings institutions, so fEur as the same are applicable ; and this act may be repealed, or altered, or amended, at any time hereafter. § 23. This act shall take effect immediately. Chap. 632.] NINETY^EVENTH SESSION. 891 Chap 631. AN ACT to authorize the construction of a foot bridge over the Erie canal on Mohawk street in the city of Utica, New York. Passed June 10, 1814 ; three-flfths being present. The People of the State of New Yorkf repreaented in Senate cmd AesemUpf do enac^ as foUotoa : Section 1. The Canal Commissioners are hereby aathorized and Foot required to construct, or cause to be constructed, at the expense of the ^J*^.^ State, a suitable iron foot bridge over the Erie canal on Mohawk street suacted. in the city of Utica, in such manner as they shall deem best. The expense of constructing and maintaining said bridge not to exceed three Expenses thousand dollars, to be paid from any moneys appropriated or to be ^^^^^^^ appropriated to ordinary or extraordinary repairs of the Erie canal. ^ 2. Before proceeding to the construction of said bridge the Canal Roiease. Commissioners shall require and receive a full and sufficient release, legally executed, acknowledged, delivered as aforesaid, to raise or change such bridge, approaches or embankments, whenever necessary, which necessity is to be determined by the Canal Commissioners, from all persons whose property, rights or interests may be effected* by such bridge, approaches or embankments. ^ 3. Tlus act shall take effect immediately. Chap. 633. AN ACT to amend an act entitled "An act to organize and establish a police for the city of Schenectady," passed April fifteenth, eighteen hundred and seventy. Passed June 12, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly y do enact asfoCUnos : Section 1. The first section of the act entitled '< An act to organize and establish a police for the city of Schenectady," passed April fifteenth, eighteen hundred and seventy, is hereby amended so as to read as follows : ^ 1. The electors of the city of Schenectady at the regular charter eleo- Commis- tion in said city, to be held in said city on the first Tuesday of April, ^^^xS^^ eighteen hundred and seventy-five, and annually on the first Tuesday beeieoted. of April of each and every year thereafter, shall vote for and elect one commissioner of police, who shall hold his office for the term of two Term of years. No person shall be elected to such office who is not an elector of ®"^®^" said city. ^ 2. The seconH section of said act is hereby amended to read as fol- lows: § 2. Such elections shall be held, under the sux)ervision of the inspec. Elections, tors of election of the various wards and election districts of said city ^hln^* resx>ectively at the same places at which the election of the officers pro- ^^^^ * So In original. 893 LAWS OF NEW YORK. [Chap. 632. vided for in section four, title two of chapter three hundred and eighty- five of the laws of eighteen hundred and sixty-two shall be held. ^ 3. Section twenty-three of the act hereby amended is amended to read as follows : AnnnAi ^ 23. The said board of police shall, on the second Tuesday of May, board*^* eighteen hundred and seventy-five, ahcJ annually thereafter on the poUoe to second Tuesday of May of each and every year, make up and present ™^^* to the common council of the city of Schenectady an estimate of the amount of money required by said board for the year commencing on the first day of June immediately succeeding, and ending on the last day of May following, to enable them to carry out the provisions of this act, which estimate wall give the amounts estimated to be required for the several different purposes for which the fimds are required, and the Limit of: total amount of which estimate shall not exceed the sum of ten thou- Tax. sand dollars. The said common council shall thereupon raise by tax annually, at the same time and in the same manner that other dty expenses are provided, the amount so. estimated to be required for the Amoant Said fiscal year. The amount so raised shall be paid to me treasurer of toSrea-*'* Said dty, who, together with the sureties on his ofiicial bond, shall be sorer. accountable therefor, in the same manner as for other moneys, of said dty ; the said treasurer shall hold and keep said amount subject to the credit of the said board of police until drawn from said treasurer upon Warrants, the proper warrants of said board. All warrants of said board must be thorized ^^^^orized by a vote of the board, and be signed by the president and andsign- Bocretaiy thereof, and drawn upon said treasurer against the amount in ®^ his hands, as aforesaid, subject to the credit of said board, each wairant stating the object for which it is drawn. Salary of The Salary of the policeman shall be paid monthly as it shall become paySbS*" ^^® upon the warrant of said board. All other proper expenses of monthly. Said board audited and allowed bv them, shall be paid by said treas. Common urer upon the proper warrant of the board as aforesaid. And the com- borrow ^ ^^^ coundl is authorized and directed to borrow upon the promissory money, note of the dty, in antidpation of the amount to be raised by tax as aforesaid, such sums as the board of x)olice shall from time to time cer- tifv is required by it. Eepeai. § 4. Section twenty-four of the act hereby amended is hereby repealed, and instead and in lieu thereof shall be inserted the follow- ing : S€mi-an- \ 24 The said board of police shall semi-annually on the first Tues- JSrt. '*" ^y» ^^ •^'^^ ^^^ December, of each and every year, report in writing board of to the Said common coundl all sums exx>ended or disbursed by said make!^ board for the six months immediately preceding, which report shall give in items and detail the persons to whom, the time when and the purposes for which such expenditures and disbursements were made, and which report shall be accompanied by the proper vouchers for such expenditures and disbursements. Repeal. ^ 5. All acts and parts of acts inconsistent herewith are hereby repealed. ^ 6. This act shall take effect immediately. Chap. 683.] NINETY-SEVENTH SESSION. 898 Chap. 633. AN ACT to amend an act entitled an act to amend an act entitled " An act to regulate elections in the city of Brooklyn," passed May seventh, eighteen hundred and seventy-two, passed May first, eighteen hundred and seventy-three. Passed June 12, 1814 ; three-fifths being present. The People of the JSkUe of New Tork^ represented in Senate and AesenMy^ do enact as fddofwe : Section 1. The second section of the act to regulate elections in the dty of Brooklyn, passed May seventh, eighteen hundred and seventy. two as amended by the act passed May first, eighteen hundred and seventy-three, is hereby amended so as to read as follows : § 2. Each election district of said city shall contain, as near as practi- Eieotion cable, five hundred voters, and each district shall be entire within one ^'•*»^°'"- ward. • & 2. The fifth section of said act is hereby amended so as to read as follows : § 5. On or before the fifteenth day of September in each year, the Resiaten said board of elections shall apx)oint registers and in8X)ectors, and on f™tow, or before the fifteenth day of October they shall also api)oint canvassers their ap-' for each election district, in the following manner, namely : And the Slent member of said board appointed by the mayor shall designate and ^^^^ appoint one person, and the other two members of said board shall Sf "^^ designate and appoint two persons to act as registers and inspectors ot election ; and the member of said board appointed by the mayor shall ap{)oint one person, and the other two members of said board shall appoint two persons to act as canvassers of election, in the district for which they are apx)ointed, who shall serve at the next general election, and all special elections which shall take place during the year after such appointment. The said board shall also, previous to the day of poii any election, appoint two poll clerks for each district, in like manner ; ^i^Sient and the said board shall have power to remove any register and inspec- of. tor or canvasser before the day of election, and to appoint another in Bemovai. his place, and t« fill all vacancies that may occur, ecept^ upon elec- tion day. In case any poll clerk apx)ointed shall fail to attend at the ox)ening of the x)olls on election day, the registers and inspectors may apx)oint one in his place, and in case of any vacancy occurring during the voting or canvassing of votes, sucdi vacancy may be filled by the registers^nd inspectors or canvassers. ^ 3. The sixth section of said act is hereby amended so as to read as follows : ^ ^ 6. The said registers and inspectors of election, or a majority of Booisten them, shall make the registry hereinafter provided for, in the dty of SSj^J^^ Brooklyn, and the said registers and inspectors shall hold the elections Seir pow- hereinafter mentioned and preside at the same, and have and possess SStSf all the powers, and be subject to all the duties and liabilities of inspec- tors of election. They shall meet on the last Tuesday of September Meetings and the second Tuesday of October at the place designated for holding ^p^ the poll of the next general election in said election district, for the • So in original. 894 LAWS OF NEW YORK. [Chap. 638. purpose of registering the names of the legal voters of such election district ; and for this purpose they shall organize themselves sa a boaid of registry in each election distnct, and appoint one of their numb^ Board of chairman of the board. The said board shall remain in attendance on tkne ^V ^^^ ^^y^ above named, and on each of said days at the said places, from shall re- seven to ten o'clock, forenoon, and from three to ten o'clock, aftemoon, attemi^ ^^ the purpose of making a list of all persons qualified and entitled to miufe^ist ^^^ ^^ accordance with the provisLons of the constitution and laws of "^ ^ "* ' this State, at the ensuing election, in the election district, and who have X)ersonally appeared and asked to be registered. Such Ust, when com- pleted, shall constitute and be known as the registry of electors of said List of district. Each member of said board shall make a list of qualified Totcrs!'^ voters in the district, and enter therein under the heading of the street or avenue in which they reside the name, age, residence and duraticn of his residence in the State, in the county and in the ward, of every person entitled and desiring to be registered ; and no person shall be registered unless he be at the time a resident and .qualified voter within the election district ; and it shall be the duty of the register receiving his name, if such person be challenged, or in case such register shall have cause to suspect such person is not a resident of such district, or is from any cause disqualified from voting therein, to administer to hhn Oath, the same oath which the law prescribes shall be administered to a chaL dam off "' l6i^g® eleven a. m. and from Chap. 633.] NINETYSEVENTH SESSION. 89a ftmr to eleven p. m. of that day. And they shall then levise, correct, add to and subtract therefrom, and complete the said registries, and shall on that day add to the said registries any person who would on the day of the next election be entitled, under the provisions of the Oonstitution and laws of this State, to exercise the right of suf- fiage in said district; but the name of no person shall oe entered upon said registry unless the elector shall personally appear before ttid Tegisters. On the next day the said registers and inspectors shall Addition. make and complete three additional Usts of said registry and enter ^JilS^^d therein the names of the persons registered, under the headings of the ^S"^'^^ streets or avenues in winch they reside, their age, place of residence ^ ' in numerical order, length of time of residence in the State, in the ecmnty and in the ward, and in a column headed ** remarks " if to be diallenged, as follows : Namb op Street or Avenue. namber or •iher dosic^- natioQ. Kame of TOtcr. Age. Length of residence in tlie State. Length of residenee in tlie county. Length of reaiuenoe in tlie ward. Rcmai'ks. (To be chal- lenged.) The said lists, when so completed, shall be signed and certified by each register. One of the said lists shall be retinned by the chairman of the board of registers and inspectors, for their use on the day of elec- tion, and the other two lists shall be delivered on the following Wednes. day to the board of elections, and it shall be th^ duty of the said board of elections to print and distribute for each ward respectively, fifty times as many copies of said lists as there are districts in the ward, in pamphlet form, BO that each ward pamphlet shall contain the lists of the several election districts in each ward. It shall also be the duty of the said board of elections to hire all polling places and place them in proper order and condition ; to furnish to the various election officers, provided for in this act, such registries, maps, books, blanks, instructions and stationary as may be necessary for the proper discharge of their duties. 8 5. Section eight of said act is herel^ amended so as to read as follows : ^ 8. On the Saturday preceding the day of election, it shall be the duty of the said i^egisters and inspectors of election to hold a meeting from four to ten o'clock p. m., for revising and correcting the registries of election, to receive testimony and arrange for challenge at the polls ; bat no name shall be added to or erased from any registry at such meeting, except on certificate irom the board of elections, or another board of registers and inspectors, as is by the statute provided. Printed copies o£ Poling places, re* gistries. maps, dbc. Bevising and cor- recting regiitnes, &c. 896 LAWS OF NEW YORK. [Chap. 633. ^ 6. The ninth section of said act is hereby amended 8o as to read as follows : Preserra- ^ 9. It shall be the duty of the said board of registers and inspecdiorB Satrioar ^^ ®^^ election district carefully to ^reserve the said registers of elec checkioK tors, for their use on election day, ana to designate one of their number, yotora,Ac. o^ ^^^ o^ ^^^^ clerks, to be by them appointed at the opening of the X>^lls, to check the name of every voter votibug in such mstrict whose name is on the registry, and no vote shall be received at any general elec tion unless the name of the person offering to vote be on the said regis. try ; and any person whose nan^e is on the registry may be challenged, and the same oaths shall be put as are now prescribed by law, and no No person persou Shall be permitted to vote at any election in thie city of Kooklyn ieM*reg£' ^^^^ ^* name shall have been duly registered in accordance with the tered. provisions of this act. & 1. The tenth section of said act is hereby amended so as to read as follows : Inspectors ^ 10. It shall also be the duty of said board of registers and inspec- tioM ^^ to act as inspectors of elections, in the districts wherein theyare boaj^ of. appointed, at the next general election after such appointment^ They shall form a board of inspectors of election, by appointing one of their members to be chairman. It shall be their duty to h^ in constant attendance during the hours allotted for the discharge of their dutiea Thetr They shall perform all the duties and x)08seBs all the powers of inmec- and d" ^^ ^' elections in the several towns of this State, as now provided by ties. law. The chairman of the said board of inspectors of each district shall administer the usual oat^ of office to the poll clerks before they enter Entrr of upou the performance of their duties. The inspectors shall caoae the mamjn of ^V^ of every hour to be entered upon the margin of the polLlists, pou lists, beginning at the opening of the polls, and continuing from the hoar of eight in the morning, by noting the hour opposite to the name of the respective voter, and causing their chairman to sign his name under each entry, and shall also enter the time of the closing of the poll Begistora Opposite to the name of the last voter. The compensation of the jegiB- spectors, ^^ *^^ inspectors shall be five dollars each per day for five days only, oompen-' and the compensation of each canvasser shall be five dollars, and that sation of. ^f ^Yie poll clerks shall be five dollars for the election and five doUara Exemp- for the canvass ; and the said registers and inspectors shall be exempt jury da^. ^^ i^^ ^^^7 ^1^*^? ^^^ 7^^ fro™^ ^^^ of ^toir respective iq>x>^int. ' ments. The re^sters and inspectors of elections, and canvassers, in Power to each election district, while discharring any of the duties imposed orde? Ac. ^POQ them by this act, shall have full power and authority, and they are hereby required to preserve order and enforce obedience to their lawful commands at and around the place of regifitration or election during the day of any registration, revision of regiistration, election or canvass, estimate or return of votes, to keep the access to such place open and unobstructed, to prevent and supxnreas riots, tu- mult, violence, disorder and all improper practices tending to the intimidation or obstruction of voters, the disturbance or interruption of the work of registration, revision of registration or voting, or the canvass, estimate or return of votes, and to protect the vot^«, chal- lengers and persons designated to watch the canvass of any ballote from intimidation or violence, and the registers, poll-book, boxes and ballots from violence and fraud, and to appoint or deputize, if necessary, one or more electors, to communicate their orders and directions, and to assist in the enforcement thereof. Chap. 633.] NINETY-SEVENTH SESSION. 897 ^ 8. The eleventh section of aaid act is hereby amended so as to read as follows : ^ 11. The clerks of each poll shall enter upon the poll lists kept by Entries by them in columns prepared for that purpose, first the residence, number li^l^^ and street of the person yotinff ; second, the name of each person voting ; third, his age ; fourth the number of ballots voted, and for what office the same are voted, in columns appropriately designated for that purpose, and as many additional columns as there are lx)xes kept at the election. ^ 9. The thirteenth section of said act is hereby amended by adding the following to the end thereof: ''but if two or more ballots are so Ballots folded togetner as to present the appearance of a single ballot, they [og(fther, shall be destroyed if the whole number of ballots exceed the whole ^^en to' number of votes deposited in the box in which such tickets are found e^oyed. as shown by the poll-lists kept by the i)oll clerks." ^ 10. The fourteenth section of said act is hereby amended by adding the following at the end thereof: ** The poll-lists shall within the same Filing of time be filed, one with the board of elections, and one with the county ^ "***» clerk. Canvassers shall sign each page of each return and shall seal the returns before filing them. ^11. The twentieth section of said act is hereby amended so as to read as follows : ^ 20. The board of elections of the city of Brooklyn shall, on the third Board of Monday of September in each and every year, desi^^nate and afterward to^pabfish Sublisii, in at least three newspapers published m said citv, on the ^o^i^d^i- ays of such r^stiation and the day of election, and on two days prior election to each of su<^ days, not including Sunday, the boundaries of each pol^n^ election district and the places for holding the polls in said dty, and piaces^&o. for the meeting of the said boards of registers and inspectors ; but no building, or part of a building, shall be designated as such place of Baudinr registry or polling.place, in any part of which wine, beer or intoxicat- {foj^orato iug liquor is sold, or has been sold within thirty days next preceding w^dnotto the time of so designating the same, and one copy of the registry shall natedL ^' be posted immediately after its completion in some conspicuous place PoeUng of in the room where such meeting shall be held, and any person who J?^^*^' may so desire may examine and make a transcript thereof ; and said copies deposited in such public offices shall be open at all times to public inspection without charge. No election district in the city of Brooklyn Creation, shall be altered, nor any new district created, after the laist Monday in i^iSon August in any year. districts. ^ 12. Whenever any register and inspector shall be removed by the Registry board of elections, he shall deliver over to his successor, on demand, the uv?^**Sf registry last so &r as he has made it, under a penalty of one hundred tosocces dollars, to be recovered as provided in the sixteenth section of said act, ^ce. and the xienalty provided in the twenty-first section of the said act of May first, eighteen hundred and seventy-three, shall be recoverable in like manner. ^ 18. This act shall take effect immediately. 898 LAWS OF NEW YORK. [Chap. 635. Cliap^ 634. AN ACT to amend an act entitled "An act to authorize the construction of a railroad from, at or near Bath ferry, in the town of North Greenbush, to Douw's Point, in the town of East Greenbuah, in the coonty of Rens- selear," passed May tenth, eighteen hundred and seventy-three. Passed June 12, 1874 ; three-fifths being present. The People of the State of New Tork^ represented in Senate and Assembly, do enact asfoHouys: Section 1. Section six of the act entitled "An act to authorize the formation of a railroad from, at or nfear Bath feriy, in the town of North Greenbush, to Douw's Point, in the town of East Greenbush, in the county of Rensselear," passed May tenth, eighteen hundred and seventy-three, is hereby amended so as to read as follows : Corpora- \ 6. It shall be lawful for said grantees and their associates to to^iga-^ organize under an act of the Legislature entitled "An act to authorize Dize. the construction of railroad companies, and to regulate the same," passed April second eighteen hundred and fifty ; and, in the event of such organization, all of the provisions of the said last-mentioned act, except the number of persons designated in the first section thereof, and except the number of directors, which may be seven instead of thirteen, shall apply to said grantees and l^eir associates ; also except the provisions of sections twenty-seven, thirty-one, thirty-two, thirty- eight, thirty-nine, forty, forty-one and forty-four of said act ; and said May con- grantees and their associates, or any company which they may form, AUmny ^** are hereby authorized to contract wiiJi the corporation created by and and organized under chapter two hundred and sixty-nine of the laws of bnsh**' eighteen hundred and seventy-two, known as the "Albany and Greeu- Bridgo bush Bridge Company," to run their cars aax)ss the bridge to be ™^*"^' constructed by said company. \ 2. This act shall take effect immediately. Chap. 635. . AN ACT to secure effective vaccination in the city of New York, and the collection of pure vaccine lymph or virus. Passed June 15, 1814 ; three-fifths being present The People of the State of New Torkj represented in Senate and Asse7nbly, do enact as follows : Board of SECTION. 1. FoT the purpose of more effectually preventing the spread or^Sz^a ^^ small-pox in the dty of New York, by the thorough and systematic corps of vaccination of all unvaccinated persons residing therein, the board of torai to*" health of the said city is hereby empowered to organize a corps of yaoci- awjoint nators within and subject to the control of the bureau of sanitary inspec- couect ^ tiou, to appoint the necessary officers, keep suitable records, collect and lymph'&c. preserve pure vaccine lymph or virus, and to add to the sanitary code * as provided by section eighty-two of chapter three hundred and thirty- Chap. 636.] NINETY-SEVENTH SESSION. 899 five of the laws of eighteen hundred and seventy-three, entitled "An act to reorganize the local government of the city of New York," passed April thirtieth, eighteen hundred and seventy-three, such additional provisions as will most effectually secure the end in view. ^ 2. Whenever the amount of vaccine lymph or virus collected by the snppuoe said corps shall exceed the amount required in the proper performance ^l^l^' of its duties, the said board of health may authorize the sale of such sur- plus lymph or virus at reasonable rates, to be fixed by said board. The AyaiiB avails of such surplus lymph or virus shall be accounted for and paid ^^^'^^• to the chamberlain of the city of New York as provided by existing laws, and shall be set apart and constitute a distinct fimd, to be known as " The fund for gratuitous vacdnation," and shall be subject to the requisitions of said board for the purposes of this act. ^ 3. Within fifteen days after the passage of this act the board of EsUmate apportionment created by section one hundred and twelve of the act Jf Soney * entitled ''An act to reorganize the local government of the dty of New reqnirod. York," passed April thirtieth, eighteen hundred and seventy-three, . shall, by the affirmative vote of all the members tBereof, estimate the amount required to organize and maintain the said corps for the pres- ent financial year, and such estimate shall be final, and the amount thereof shall be and become appropriated for the use and maintenance of such corps, and shall be raised in the manner provided by the said section one hundred and twelve of the act herein named. ^ 4. This act shall take effect immediately. Chap. 636. AN ACT relating to the board of health of the health department of the city of New York, to the commission- ers of health and the ofl&cers of the said department, their duties, and powers and the expenses of the said department. Passed June 15, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly^ do enact as fdCUme : SscrriON 1. The board of health of the health department of the dty Existence of New York, shall use all reasonable means for ascertaining the exis- ^di?^**^ tenoe and cause of disease or peril to life or health, and for averting eases, ua- the same throughout said dty, and shall promptly cause all proper infor. boa^of mation in possession of said board to be sent to the local health authori- ^^^^U^' ties of any dty, village or town in this state which may request the ^^^ ** same, and shall add thereto such useful suggestions as the experience of said board may supply ; and it is hereby made the duty of said health authorities to supply the like information and suggestions to said board of health. 2. In the exerdse of the powers and duties of said board, in the pres. Great ence of great and imminent peril to the public health by reason of fabUc^ impending pestilence, as con&med and vested in and enjoined upon neaiih, the said lx)ard by the sixteenth section of chapter seventy-four of the of powws laws of eighteen hundred and sixty-six, the assent in writing of three ^^J u**^A members of the said board insteadf of six as there prescribed, and the ui case of. assent of the mayor of the dty of New York in place of the governor of the state, shall alone be required. The said board having first taken 900 LAWS OF NEW YORK. [Chap. 6*6. and filed among its reoords what it shall regard as sufficient proof to authorize its declaration of such peril as aforesaid, and having daly entered the same in its records, it shall be its duty to take such meas- ures and do and order or cause to be done such acts and make saclt expenditures beyond those duly estimated for or provided for the pres- ervation of the public health though not herein elsewhere or otherwise authorized, as it may in good faitn as aforesaid declare the public health and safety to demand, and the mayor of the city shall also in writing approve. Such peril shall not be deemed to exist, except when and for such period as the said board shall declare. Persons 3. Hald board shall have the same power in respect to persons afflic w?th^pcs- ted with any contagious, pestilential or infectious disease as are given tuentiai, \yj the Sixteenth section of chapter seventy-four of the laws of eighteen ons o?in* hundred and sixty-six in resx)ect to persons afflicted with contagions dlae^*^, diseases ; shall have exclusive charge and control of the hospitals for power oi* the treatment of such cases ; and shall have power to provide and pay In reapec? (oT the use of proper places to which to remove such persons as well as to. to designate such pfaces ; and said board may cause proper care and attendance to be given to persons so sick, or removed when it shall be made to appear to the said board that any such x>erson is so yoot as to be unable to procure for himself such care and attendance, or that the public health requires special medical care and attendance. Powers, ^ 2. The authority, duty and powers of the board of health of the city board^of of New York shall extend over the waters of the bay, up to and witMn health, the quarantine limits as established by law, but shall not be held to extent of. interfere with the powers and duties of the commissioners of quarantine or health officers of the port. Sanitary ^ 3. All the powers and duties heretofore vested in or enjoined upon tenSent". *^® ^ty Sanitary inspector under and pursuant to tiie provisions of chapter five hundred and sixty-six, laws of eighteen hundred and seventy-one, are vested and confirmed in, enjoined upon and to be exercised by the sanitary sux)erintendent of the health dex>artment of the city of New York, and certificate required in the first section of the said act shall be made by and in the name of the sanitary superintend dent, or the executive officer of the said department of health. Board of ^ 4. Said board of health may sue or be sued in and by the proper whif • ^"^ name, of " The Health Department of the dty of New York," and not name it in or by the name of the members of said boiard, or any of them ; and an?be^ servioe of all process in suits and proceedings against or affecting said oeaf '£^ board, and o^her x)apers may be made upon the president of said board, how ' or upon its secretary, and not otherwise; except that, according to aerved. xxBxisA practice in other suits, pax)ers in suits, to which said board of health is a party, may be served on its attorney. Attorney ^ 6. The attornev of the board of health shall be also its counsel when he^thfhis appointed as such by the said board, and shall have a salary for his aer. salary.' vices as attorney and counsel to be fixed by the said board not to exceed the sum heretofore paid to the counsel of the metropolitan board of health, and in all actions in proceedings against the mayor, aldermen and commonalty of the city of New York, or any other department or person whatsoever in which any action, order, regulation, ordinance or proceeding of the said board, or of any persons acting under, or pursa- ant to, its authority shall be called in question or made the subject of the action or proceeding, the said board of health shall be a necessary party, and have the right to answer, to appear and to ti^e part therein by its own attorney and counsel. C5HAP. 686.] NINETY-SEVENTH SESSION. 901 • ^ 7.^ The Baid board of health, if it Bhall oonedder the public health oHen of or interests so to require, may execute orders through its own officers heaith^^ or persons, and means to be engaged by the said bofU*d of health ; and how exe- about the execution of the said omer, Dotii the said board of police and ^^^^' the said board of health shall severally have as well the authority con- ferred by this fM^ as all the powers and authority conferred by the fifty- third and fifty-fourth sections of the Metropolitan police act, passed on the twenty-fifth day of April, eighteen hundred and sixty-four, and of any amendments made to said act or to be made, enlaiging such author- ity; and all powers and authority possessed and exercised by said board of police under said act X)ertaimng to sanitary matters, or in con- flict with the object43 and purposes of this act, shall hereafter be enjoyed, possessed and exercised bv said board of health. Whatever expenses Expenses, said board of health may lawfully and properly incur in the execution ^^^ p***** of any judgment aforesaid, or in executing, or in connection with its own orders, made in good faith, or in and about the discharge, in good fidth, of its duties, or in satisfying any liability or judgment it may have in good £aith incurred or suffered by reason of its acts done in good faith as aforesaid, or in satisfying any claim against its officers or subordinates, arising from their acts in the discharge in good fidth of their respective duties, shall, so far as established, be paid out of its fund or other moneys, and shall be apportioned, assessed, collected and I)aid as is provided in the health laws aforesaid in respect to the expenses of said board, and sudi sums paid or recovered under this act shall not be included in or considered as a x)art of that class of the expenditures of the board in respect to which there is or may be a spe. ciflc limitation as to amount. ^ 8. Said board of health may institute and maintain, in the name of Board or said health department, all such, suits and proceedings as shall be ^!^%. reasonable, necessary and proper, for recovering any moneys expended, cover mo enforcing any lien or the payment of any fine, the punishment for any °®^** offense, or in other respects carrying out the provisions of the laws under which it acts. b 10.^ The said boardof health shall have full and exclusive power Night sou, and authority over the removal of night soil, and in the removal of dead ^oy^^' animals, offal, night soil, blood, bones, tainted or impure meats, and of. other refuse matter from said city. It is hereby charged with the duty Qf causing the removal of the same daily, or as often as may be neces- . aary , and of keeping the said city dean from all matter or nuisance of a similar kind. ^11. The said board of health is authorized to make contracts with Ni^htsofi, any responsible person or persons for the removal of said oflfel, dead aJjSjJg,*** animals, night soil and other refuse matter from the dty of New York, &c., con. and to require and receive security in such form and amount as the said ^movai board may approve, for the faithful performance by the x>erBon or per. Ol- sons aforesaid to whom such contracts may by the said board be, in its discretion, awarded, of all and every of the provisions of such contracts on his or their part. ii 12. Copies of the record of the proceedings of said board, of its Beoord of es, regulations, ordinances, by-laws and books and i)apers constitut- Ef^^cer- ing part of its ardiives, when authenticated by its secretary or secretary Jiflei cop- pro tem., shall be presumptive evidence, and the authentication be d«ice?^ ' taken as presumptively correct in any court of justice or judicial pro- *- _■_ 1 - - JIB ■ . - - - - , • So in original. 903 LAWS OF NEW YORK [Chap. 637. ce^Aingy when they may be Televant to the point or matter in oontio- versy, of the facts, statements and recitals therein contained. Appear- ^ 13. Uxx>n the application of any -party in interest in any matter examfna^ X>^nding examination before said board of health, by affidavit, stating tion of Qie grounds of such application, to any jndge of a court of record, and how G^"' asking that any person or persons therein named shall appear before pouod. said board of health, or any person taking or about to take such exam- ination, at some time or times and place to be stated in said affidavit, it shall be the duty of such judge, if he shall discover reasonable cause so to do, to issue his order, requiring such x)er8on or persons named to apx)ear and submit to such examination as and to the extent such order may state, at the time and places to be in said order named ; and sw^ order, to be signed by such judge, may be served, and shall in all respects be obeyed as a subxKsna duly issued ; and a reAisal to submit to the proper examination may be punished by such judge, or by anv jud^ of such court, as a contempt of court, upon the fod» as to swm refusal being brought before any such judge by af^davil False re- ^ 14. If any person shall knowingly make to said board of health or ami 'd^^*° any officer thereof any false return, statement or rejxwi; relative to any ceptivere. birth, death or marriage, or other matter, concerning which a report or a mikde-** return may be legally required of or should be made by such person ; or meanor. if any member, inspector or officer, or any agent of said board of health shall knowingly make to said board of health any £alse or deceptive rex)ort or statement (in connection with his duties), or shall accept or receive, or authorize or encourage, or knowingly allow any other person to accept or receive any bribe or other compensation as a condi^on of or an inducement for not faithfully discovering and fully reporting or otherwise acting according to his dut^ in any respect, then any and every such person shall be deemed guilty of a misdemeanor, and shall Pnnish- be liable to be for such crime indicted, tried and punished according to menL ]aw, and shall in addition forfeit all compensation due or to grow due from said board. Sanitary & 15. The publication of additional provisions in and of additional uca^on^of Ordinances of the sanitary code for the security of life and health, and additional the prevention of accidents and of the spread of disease in the city of andToid"* New York, once a week for two successive weeks in the city recordis hi nances, gaid dty, shall be sufficient, and render any further publication of the same in any other newpaper* unnecessary. ^ 16. This act shall take effect immediately. Chap. 637. AN ACT to provide for the opening and improyement of a portion of Grand street in the city of Brooklyn, and the extension of the same, and improvement of such extension, in Queens county, and to provide for the pay- ment therefor. Passed June 16, 1814 ; three-fifths being present The People of the State of New Torkj represented in Semite and Assembly^ do enact as foUows : Appoint- Section 1. The Supreme Court of the State of New York, at any comn^ special or general term thereof, held in the second judicial department • So in the original. Chap. 637.] NINETY-SEVENTH SESSION. 903 on the application of ten freebdlderB of the county of Kings and ten from the town of Newtown, after the expiration of ten days from the paaaage of this act, shall appoint three commissioners — two from the town of Newtown and one from Kings coanty — ^whose duty it shall be to enter upon and perform the duties, and carry into effect the x>i^vi- aions of this act. ^ 2. Said commissioners are hereby authorized and required to open commis- : Grand street, in the city of Brooklyn, from Metropolitan avenue to the open/^ ^ city line at Newtown creek, as laid down on the commissioners' map of grade and the city of Brooktyn, and to widen the same to the width of seventy amfzo^' feet, and to extend the same in the town of Newtown eighty feet wide, ^^^!^ easterly, from Newtown creek to the bend in the Masx)eth and New- ^ ^^ ' town plank-road, at the house of Thomas Hallett ; thence along said road, widening and straightening the same, to Thompson avenue, at Moore's Comer, in the village of I^wtown, which street shall be graded its full width, an4 be macadamized sixteen feet wide and one foot in depth in the center thereof, its whole length as so opened in said dty and town. Said commissioners shall cause correct maps of said street, Mapa. as extended and widened for its full length, to be filed in the office of the clerk of Kings and Queens counties respectively ; and the commis- sioners' map of the dty of Brooklyn is hereby amended accordingly. ^ 3. Said commissioners shall, before entering ux)on the discb^ge of oniciai their duties, take the oath of office required by the constitution, before ""'**• a person duly qualified to administer the same ; and in case of a vacancy occasioned by death, neglect or refusal to serve, or by resignation of any of the said commissioners as first appointed, such vacancy shall be filled by the said Supreme Court, as on the first appointment, as pro- vided for in section &st of this act ^ 4. The said commissioners shall have powfcr, and are hereby author- Estiniato, ized and directed to estimate the value of any lands or improvements l^^^ taken for such street or highway, and to award to the owners or per- BeesmenL sons affected by such taking, such amount as they shall consider just and proper far taking the same for such srovement. ^ 5. Before proceeding to make such estimate, award and assessment, KoUce of the said commissioners shall give public notice in two newspapers pub- JS mako** lished in Queens county, and in the corporation i)apers of the dty of ^maeb, Brooklyn, at least ten days previous to their meeting to make such estimate, award and assessment, of their intention to proceed and make the estimate, award and assessment required by this act, and of the time when, and the place where they will meet for the purpose ; at Persona which meeting all persons interested may appear and be heard in rela- JJiJ'^b?®^ tion to said estimate, award and assessment which, when made, shall heard. be presented in a report to the Supreme Court, at any special term Report to ttiereof held in either of the aforesaid counties, for confirmation, ^^rt.™® Notice for such presentation for confirmation shall be published in the Notioo of corporation newspapers of the dty of Brooklyn, and in one newspaper Son?™*' published in the town of Newtown, if there be one, and if not, in Queens county, once a week for two weeks, and \ipon such presenta- tion the court may confirm, alter or amend the same, or send it back 904 LAWS OF NEW YORK. [Chap. 687. Order of oonflrma- tlon final. ABsess- meata, how col« lected. Redemp- tion of bonds. Bridge over JTew town •reek. Adyertis- ingfor proposals, Grading and mac- adamis- ing. Cost of bridge, how barne. Board of snpervia- ors, dnty of. to the commissioners for revision. In tiie latter caae the same notioe of presentation of the new report for confirmation, and the same pro. ceedings upon such presentation, shall take place as in case of the firrt report. Tne order of confirmation, when made and entered, shall be final, and upon the confirmation of such report, the lands for which awards shall be made, shall vest in the town of Newtown, and in tbe city of Brooklyn respectively, for the purpose of a highway; and all such assessments, wmch shall not be paid within thirty days after the confirmation of the report as hereinbefore mentioned, shall be collected in the same manner in which unpaid taxes are collected, and the lands on which such assessment shall be laid may be sold for the payment and collection of such assessment, together with all interest, commis- sions and expenses^ in the same manner as, by the laws of this State, lands are authorized to be sold for the non.x>ayment of taxes in the town of Newtown ; and the same proceedings shall be had for the sale of lands for the non-payment of such assessment, interest, commission and expenses as are by the laws of this State, provided in caee of the sale of lands for the non-i)ayment of taxes in said town. The amoaot of such assessments, when collected, shall be paid to the supervisor of the town of Newtown, and shall be by 1dm securely invested and applied, as fast as X)ossible, to the redemption of bonds issued, as here- inafter provided, for payment of lands taken for said improvement in said town of Newtown. ^ 6. The said commissioners are required and are hereby empowaied to Duild a bridge over Newtown creek, on the line of said highway, of sufficient width and with proper pilework approaches, with a omw therein not less than thirty-five feet in width, and the cost of the con- struction of such bridge and approaches ^11 not exceed twenty thousand dollars. ' ^ 1. The said commissioners shall advertise in the corporation papers of the city of Brooklyn, and in two newspapers published in Qaeens county, for two successive weeks, for jnoposals, before giving out any contract for building said bridge, or for grading and mac^amiziiig said street or highway from Metropolitan avenue to Newtown creek, and £rom Newtown creek to said Thompson avenue at Moore's Comer in the town of Newtown, said grading and macadamisdn^ to be as follows : The said street or highway to be graded its full widtii and to be macadamized sixteen feet m the center, and one foot in depth, the whole length. The costs of such grading and macadamizing shall not exceed the simi of seventy thousand dollars, for so much thereof as lies in Kings county, and eighty thousand dollars in the town of Newtown to said Thompson avenue. § 8. The cost of the construction of the bridge and approadies thereto, provided for in section six, shall be borne equally by Kings county and the town of Newtown. When the cost of such constrac tion shall have been ascertained and determined by the said commis- sioners, they shall present a statement thereof, under oath, to the boaid of supervisors of the county of Kings, and to the supervisor of the town of Newtown, and thereupon it shall become the duty of said board of supervisors of the county of Kings to cause one equal half of said cost to be levied and collected in the then next tax levy, in and for Kings county, and as a county charge ; and it shall be the duty of said supervisor of the town of Newtown to cause one equal half of said cost to be levied and collected in and upon said town of Newtown, and as a town charge in the next tax levy in and for Queens county, in the same manner and at the same time as other contingent expenses of said CtaAP. 637.] NINETY-SEVENTH SESSION. 0O6 flOBQty and town, respectirely, are by law levied and collected, and the proper town and county authorities shall cause the same to be raised, levied and paid over to said commissioners, to be by them disbursed tor the construction of the bridge and approaches aforesaid. The cost Cost of of Biaintaining and keeping in repair said bridge shall be p^d, annu- {^^^^i*^^* ■Qy*, by said town of Newtown and Kings county equally. bxfdge. \ 9. One-half of the awards made pursuant to sections four and five Awards of Ihiaaet, for lands taken in the town of Newtown, shall be paid by the ^ken"^^ town of Newtown, and the award for lands taken in the city of Biooklyn ^ow to be Aall be paid as hereinafter provided. Upon the confirmation of the ^^^' leport containing said awards, said commissioners shall serve on the SQpervisor of the town of Newtown, and the snpervisors of Kings eoQfity, acopy of such report and a statement of said awards; saidBooiisof sapervisor of Newtown shall, thereujwn, issue bonds of said town of of n^w-** Newtown, of such denomination as he shall think proper amounting in town. the aggregate to the aggregate amount of said awards for lands ttucen iB flaid town of Newtown, bearing interest at the rate of seven percent. per annum, payable semi-aunualfy, and pa3^ble in not less th^ three years Jkoft more than five years from their date, and shall sell the same «t not less than par, ana with the proceeds thereof shall pay said awarda The x)ersons to whom awards are due shall be alloyred, if they shall so elect, to take said bonds for the amount of their respective award& ^ 10. The cost of the improvement, grading and macadamizing of Cost of im- ~ street in the city of Brooklyn, together with copies of all oontiacts ^Itvn relating thereto, and including the amount of awards for lands taken in BrooUyn the city of Brooklyn, if any, shall be certified by said commissioners raised by under oath to the board of supervisors of Kings county, and said board ^<^- shall, after being notified thereof, cause the amount of such cost, with two per cent, added for cost of collection, as provided in the charter of the city of Brooklyn, to be raised by tax in the next annual tax levy thereafter, and assessed equally as follows, namely : One-third thereof How to be equally on the several lots or x)arcels of land embraced in a district of *'^"*^- assessment extending one thousand feet on each side of said street, and lying east of the canal and to Newtown creek; one-third thereof equally on the several lots or parcels of land embraced in a district of asseesment extending one hundred feet on each side of said street, and lying west of the canal and to the East river ; and one-third thereof equally on all the lots, pieces or parcels of land lying in the dty of Brooklyn. The amounts so raised shall be jmd into the treasury of the diy of Brooklyn, and from thence to said conmiissioners, from- time to time, as required to be expended by them for the purposes of this act. Certificates of indebtedness may be issued by the conmiissioners to certui- an amount not exceeding the aggregate of the total amount of said cost fn^^^. and exx)enses in payment of such expenses as is chargeable in Kings neas. ooQnty, redeen^able from the amount so collected by tax. 8uch certifi- • cates shall be countersigned by the comptroller of said city of Brooklyn, and an account thereof kept in his ofiice, and they shall be redeemed by him, and no such certificate shall be issued until so countersigned. ^11. The costs of the improvement, grading and macadamisung of cost of im- said street or highway in the town of Newtown shall be paid by said gj^jfj^ town of Newtown, tlpon the giving of a contract or contracts for said Newtown, improvements, grading and macadamizing within said town, said commissioners uiall file a copy of said contract or contracts with the 58 906 LAWS OF NEW YORK. [CkAF. 637. Bonds of the town. Taxfbr payment ofDondB. Compen- Bation of commia- eioners, and their disborse- menu. Work» when to be com- pleted. town clerk of said town, and shall serve on the 8ux)ervi6or of said town a statement of the amount of exx)enses to be inclined under such con- tract or contracts. Thereupon and within ten days after demand thereof made by said commissioners, said supervisor shall deliver to said commissioners bonds of the town of IMewtown in denomination not less than one hundred dollars nor more than one thousand dollare each, amounting in tiiie a^fgregate to said amount of expemses; such bonds to bear interest at the rate of seven per cent, per annum, paya- ble semi-annually, and be made payable, as nearly as possible, one-third thereof in five years, one-third in ten years, and one-third in fifteen years after their dates, and when issued to be issued in equal amounts of each class. Said bonds shall be disbursed by said commissioners in payment of such amount of expenses, and at the time of disbursing each of said bonds, said commissioner shall indorse thereon the date of such disbursement, and a statement that interest on such bond com- mences at such date. In each year in which any of the interest or principal of said bonds, or those provided in section nine, shall fall due, it shall be the duty of said commissioners to certify to the supervisor of said town the amount which will actually &11 due, for said principal and interest in such year ; and it shall be the duty of the supervisor of the town of Kew- tovm to present a statement thereof to the board of supervisors of Queens county, and said board shall thereupon insert in ttie tax levy, aB a charge upon the town of Newtown, an amount sucfiiient to pay such proportion of such interest and principal as is hereinbefore made chargeable on said town of Newtown, which amount shall be levied upon the taxable property in the town of Newtown. § 12. The said commissioners shall each receive three dollars per day for their services, not exceeding, in the aggregate, two hundred aol- lars each, and in addition be paid their necessary disbursements, not exceeding in the aggregate, thirty-five hundred dollars. They shall make a report thereof to the Supreme Court, at any special term to be held in Kings or QueenB county, and on the confirmation thereof, they shall serve a copy thereof on the supervisors of Kings county, and a copy thereof on the supervisor of the town of Newtown ; said fees and expenses shall be paid equally one-half thereof by said town of New* town, and the other half, to wit, the sum of two thousand and fifty dollars, shall be raised, (K)llect«d, paid over and disbursed, in the finst instance, in the same manner as a part of the e;xpense of improving, grading and mao^amizing said highway, as hereinbefore mentioned, and any surplus over and above the amount required shall be paid into the treasury of the city of Brooklyn, to the credit of the sinking fuml, and to the supervisor's fund of the town of Newtown, as it relates to its own locality. ^ 13. The said conmiissioners shall enter on their duties inmiediately after their appointments, and the whole work contemplated by this act, and si] the duties imposed upon or required of said commissioners by this act 1^11 be wholly performed, completed and fulfilled on or before the firs^ day of June, a1 D. eighteen hundred and seventy-six. ^ 14. All acts and parts of aicts inconsistent with this act are hereby repealed. ^ 15. This act shall take effect inmiediately. * So in original. Chap. 638.] NINETY-SEVENTH SESSION. 907 Chap. 638. AN ACT to ratify and confirm certain orders and acts of the county judge of the county of Steuben, appointing commissioners to issue bonds and invest the same in the stock of the Rochester, Hornellsville and Pine Creek Kailroad Company, and to legalize all proceedings under and pursuant to such orders and acts. Passed June 16, 1814 ; three-fifths being present. The People of the State of New Torky represented in Senate and Assembly f do enact asfollotcs : Sbction 1. The order or action of the county judgje of the county of Appoint- Steuben, appointing John M. Brundage, Bemara 0. Hargan and^*^^?s- Chaunoey I. Ersley commissioners to issue bonds of the tOYOi of Green- rfonere fbr wood, in said county, to the amount of thirty thousand dollars, and Gt^en^ invest the same or the proceeds thereof in the stock of the Rochester, J^eTr ac°^ Hornellsville and Pine Creek Railroad Company, is hereby declared to tion legki- be legal and valid, and the subsequent action of the said commissioners ^^' in issuing said bonds and investing the same in the stock of said rail. road company, under and pursuant to the. order of said county judge, is hereby ratified and confirmed, and declared to be legal and valid. 2. The bonds an^ coupons annexed thereto, so issued by the said Bonds M. Brundage, Bernani 0. Hargan and Chauncey L Ersley as com- JSJ,*^*^'** missioners of the town of Greenwood, pursuant to the order of isaid thereto oountv judge, are declared legal debts and obligations against said town, decUured' and shall hd jiaid at the maturity thereof, in the manner prescribed by ^^^q^J**** chapter nine hundred and seven, laws of eighteen hundred and sixty- Sfe town, nine, and the acts amendatory thereof; and the said John M. Brundage, Commis- Bernard 0. Hargan and Chaunoey I. Ersley shall continue as commis- comlmied sioners of said town, and have and discharge all the duties and powers in onice. of commissioners duly appointed under and pursuant to said chapter nine hundred and seven, laws of eighteen hundred and sixty-nine, and the acts amendatory thereof. § 3. The order or action of said county judge in appointing commis- Appoint, sioners in the town of West Union to issue the bonds of said town to ^mm?8- the amount of fourteen thousand dollars, and invest the same, or the Bjonersibr proceeds thereof, in the stock of said railroEid company ; and the like of Vb^°* order or action of said county judge in appointing commissioners to 2id* Hor- issue bonds of the town of Hornellsville to the amount of seventy thou- nousvuie' sand dollars, and invest the same, or the proceeds thereof, in the stock ^|»^*™»- of said railroad company, are eadi hereby ratified and confirmed, and declared legal and valid ; and the proceedings and action of the said Action or commissioners in issuing the bonds of said towns, and investing the SSnere"" same in the stock of siaid railroad company, as provided in said orders *®^J*®1» and action of said county judge, are hereby ratified and confirmed, and decUred " declared legal and valid ; and the bonds and coupons annexed thereto, ^^^ BO issued, are declared legal debts and obligations against said towns respectively, and shall be paid at the maturity thereof, in the manner prescribed in chapter nine hundred and seven, laws of eighteen hun- dred and sixty-nine, and the act amendatory thereof. ^ 4. The commissioners appointed by said county judge in the towns CommU- of West Union and Hornellsville shall continue to have and discharge ^numir &2 John 908 LAWS OF NEW YORK. [Chap. 640. in dte. the duties and powers of commissioners duly appointed under and pur- the??dn*/ ^^^^^ to Said chapter nine hundred and seven, laws of eighteen hun- ties and dred and sixty-nine, and the acts amending the same. % 5. This act shall take effect immediately. powers. Ohap. 639. AN ACT for the relief and protection of Martha Howell as purchaser of the real estate of David O. Howell, deceased, in proceedings by the administrators of said deceased, for the sale of said lands to pay his debts, and to confirm the acts of said Srdministrators and of the surrogate of the county of Livingston in said proceed- ings. Passed June n, 1814 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly i do enact a^ follows : Section 1. The sale of the real estate of David O. Howell, deceased, made to Martha Howell by the administrators of the goods, chattels and credits of said deceased by virtue of an order of the surrogate of Liv- ingston county, dated December first, eighteen hundred and seventy- three, in proceedings for the sale of said real estate to pay the debts of said deceased, may be confirmed by the said surrogate with the same effect as if the said administrators had made and delivered the bond required by section twenty-two of title four of chapter six, part two of ProTieo. the Revised Statutes, before the making of said order, provided said administrators shall, before such confirmation, make and deliver to such surrogate a bond, with the conditions and in the penalty and with the sureties prescribed by said section, and on receiving and approving said bond, the said surrogate may direct a conveyance of said premises in pursuance of the sale already made^ and such conveyance shall be as valid and effectual in all respects as if said bond had been made and delivered before the making of said order of sale ; and all the acts of said surrogate in making said order of sale, and of said administratorB in making said sale shall, upon the receipt of said bond, be confirmed and be made valid and of full effect. § 2. This act shall take effecd; immediately. SxxYrogaLte may con- firm sale of real estate. Ohap. 640. AN ACT relating to evidence as to the passage of an act to release the interest of the People of this State to Alicia C. O'Brien, passed May twentieth, eighteen hun- dred and seventy-two. Passed June 17, 1814 The People of the S^ate of New Torky represented in Senate and Assembly y do enact as f Mows : Sbction 1. It shall be lawful and competent in any action or proceed- ing, whether now pending or hereafter brought, wherein an act entitled "An act to release the interest of the People of this State to Alicia C Chap. 641.] NINETY-SEVENTH SESSION. 909 O'Brien," i)a88ed May twentieth, eighteen hundred and seventy-two, shall be offered in evidence or relied upon for any party to such action OP proceeding, to give evidence as to whether said act did or did not in fact receive the assent of two-thirds of the members elected to the Senate, and whether said act was in fact so certified by the president of the Senate, and no certificate appearing upon or annexed to said act shall be conclusive evidence of such assent or certification. ^ 2. This act shall take effect immediately. Chap. 641. AN ACT to amend an act passed May first, eighteen hun- dred and seventy-three, entitled "An act to lay out, open and grade Eighty-sixth street, in the towns of New Utrecht and Gravesend, in the county of Kings." Passed June 23, 1814 ; three-fifths being present. The People of the State of New York, represented in SencUe and Assembly f do enact as follows: Section 1. Eiffhty-sixth street, in the towns of New Utrecht and Extenaion Gravesend, shall extend in an easterly direction to Gravesend avenue. Sf/p^^e The town survey commission of Bangs county shall forthwith cause a jjajo and map of such extension, signed by a majority of their number, to be ^ ' filed in the office of the clerk of Kings county, and all of the provisions of the act hereby amended, so far as the same are applicable, and except as herein otherwise ptovided, shall apply to the extension of said street herein provided for. ^ 2. The county court of Kings county, or the Supreme Court at a Appoint- special term, to be held in said county, shall, upon the application of S)mmil- any freeholder, whose land has been required for the opening of said sionere. street, under said act, or whose land may be required for the opening of the said extension thereof, upon live days' notice of such application in two daily newspapers published in the city of Brooklyn, appoint three residents and freeholders of said county commissioners for tiie purpose of oi)ening the said extension, subject, however, to the provi- sions of the fifth section of this act, and shall fill any vacancy or vacancies which may occur by reason of the death, resignation, or removal from said county, of any of the said commissioners, or hik or their inability to act, by reason of disease, or other infirmity, to be adjudged by either of said courts. The persons so appointed shall, offloiai before entering upon the duties of their appointment, severally take *'*^* and subscribe the constitutional oath of office, and file the same in the office of the clerk of Kings county. \ 3. The said commissioners shall each receive fifty dollars in full for Compen- their services, and the expense of the surveys and maps required by SS^muf them shall not exceed one hundred and fifty dollars ; and the amount Bionen, to be paid for services of counsel shall not exceed one hundred and ^' fifty dollars. & 4. The commissioners heretofore appointed for the purpose of regu- S**" "*"" lating and grading said Eighty-sixth street shall have the like powers heretofore and duties in relation to the said extension thereof, when opened under SS^ulSfc this act, or when laid out as a public highway, to the width of one hun- powen dred feet, by the commissioners of highways, under the laws of this uel^^' 910 LAWS OF NEW YOEK. [Chap. 642. State ; bat they shall not be entitled to charge or to receive any addi- tional oompenaation for such additional service. In what ^ 5. If the said extension shall be fully and completely laid oat by proceed- ^^^ conunifisioners of highways, as aforesaid, on or before the first day bigsshau of June, eighteen hundi«d and seventy-four, and their deteniunation onder^is ^^ ^<^^ <^<^^ ^^^^ ^^^ hs,ve been appealed from within twenty days M(- thereafter, then no proceeding shall be had under this act in relation to the opening of such extension, and no assessment for opening shall be laid upon any of the lands lying on either side thereofl Koaddi- ^ ^' None of the lands heretofore assessed under the said act of May B^me^ first, eighteen hundred and seventy-three, shall be chargeable with any additional assessment under this act. ^ 1. This act shall take effect immediately. Chap. 643. » AN ACT declaratory of and to amend chapter five hun- dred and forty-nine of the laws of eighteen hundred and seventy-three, entitled "An act to amend an act enti- tled *An act regulating the sale of intoxicating liquors/ " passed April eleventh, eighteen hundred and seventy, and the act entitled "An act to suppress intemperance, and to regulate the sale of intoxicating liquors," passed April sixteenth, eighteen hundred and fifty-seven. Passed June 23, 1814 ; three-fifths being present. 'The People of the State of New York, represented in Senate and AssenMy, do enact asfoUotos : Sbction. 1. Section one of the act entitled ''An act to amend an act entitled 'An act refi^ulatinff the sale of intoxicating liquors,' " passed April eleventh, eighteen hundred and seventy, and the act entitled "An act to suppress intemperance, and to regulate the sale of intoxicat- ing liquors," passed April sixteenth, eighteen hundred and fifty-seven, is nereby amended so as to read as follows : Sbction 1. Section two of the act entitled "An act to regulate the sale of intoxicating liquors," passed April eleventh, eighteen hundred and seventy, is hereby amended by inserting afler the words " and shall be Salary of paid as other city officers are x)&id," the words following : Provided, Bionere*of *^^* ^^ *^® ^^^^ ^^ ^®^ Tork the commissioners of excise shall receive excise in a Salary not to exceed five thousand dollars a year each, to be fixed by K. Y city. ^Y^Q board of estimate and apportionment of said city, who shall aunu- ally fix such amount as may be necessary for hire of employees, rent, Bsponses. and other necessaiy expenses of said board of commissioners, which amount shall be paid out of the moneys received for licenses, and said commissioners shall receive no other compensation or emolument for Excise services as commissioners ; and provided further, that all excise moneys how^cTil^ hereafter derived from licenses for the sale of intoxicating liquors by posed ot said cx)mmissioner8, except as above provided, shall from time to time and in sums according to their discretion, be appropriated by the board of apportionment ana estimate of said dty by resolution of the said board to whatever benevolent, charitable or humane institutions may seem to such boqj^ deserving or proper, but no such resolution shall be Chap. 643.] NINETY-SEVENTH SESSION, 911 valid unless adopted by the vote of a majority of the said board, and Comptroi- the comptroller of said dty is hereby authorized and directed to draw ISlt.^*' his wai^ants in favor of the corporations, societies or charitable institu- tions respectively mentioned in such resolutions according to the tenor thereof, and the chamberlain of said dty shall -p&y such warrants out Payment of the said mone3r8 received for licenses, which are hereby directed to rLS^' be deix)6it6d with and paid over to him within thirty days after it is received. § 2. This act shall take effect immediately. ' Oliap. AN ACT to amend an act entitled "An act relative to the Nursery and Child's hospital of the city of New York," passed April seventeenth, eighteen hundred and sixty- six, and amended by act chapter three hfmdred and sixty-six of the laws of eighteen hundred and sixty- nine. Passed June 28, 1814 ; three-fifths being present. The People of the State of New Yorky repreaeTVted in Senate afid Assembly, do ena>ct as foUotoa: Section 1. Sections one and two of an act entitled an* "Act relative to the Nursery and Child's hospital of the city of New York," passed April seventeenth, eighteen hundred and sixty-six, and amended by act chapter three hundred aud sixty-six of the laws of eighteen hun- dred and sixty-nine," is hereby amended so as to read as follows : ^ 1. The bcJard of supervisors of the city and county of New York Tax to be shall levy and collect by tax, in the year one thousand eight hundred Collected and sixty-nine, and every year thereafter, at the same time and in the apd paid same manner as the contingent charges and expenses of the dty and hospiuL county are levied and collected, and wiall pay over to the Nursery and Child's hospital, of the city of New York, the sum of five dollars -pet week for every destitute woman admitted into the lying-in wards of the Nursery and Child's hospital according to the time of the said woman's continuing under the care of the said institution, and the fur- ther sum of ten dollars per month for each and every child bom in the institution or supported and maintained by said institution, whenever • it may be necessary or exx)edient to place said child in the country, or for want of room in the institution, to find accommodation for it else- where ; and also the same sum of ten dollars jter month for all children received and retained in the Nursery and Child's hospital, in the city of New York, and in like proportion for any fraction of a year for each and evei^ destitute child which may be supported and maintained in said institution. ^ 2. The school established and maintained under the charge of the Partioipa- Nursery and Child's hospital, in the city of New York,%nd including J^mmqn the country branch thereof, shall participate in the distribution of the school common school fund in the same manner and degree as the common ^'^^ schools of the city and county of New York, and shall be subject to the same regulations and restrictions as are by law imposed on the (5binmon schools of the dty and county of New York. ^ 3. This ad; shall take enect immediately. •Soiuoriirinal. 913 , LAWS OF NEW YORK. [Chap. 645. Chap. 64=4. AN ACT to amend the charter of the Foundling ABjlum of the Sisters of Charity, in the city of New York. Passed June 23, 1814 ; thiee-fiifths being jxreeent The People of the /State of New Torkj represented in Senate and Assembly^ do enact as follows: Sbction 1. The Foundling Asylum of the Sisters of Charity, in the city of New York, shall henceforth be entitled to receive, as jnrovided in chapter six hundred and thirtv-five of the laws of eighteen hundred and seventy-two, at the rate of thirty-eight cents per day for each and Excess of every foundling or infant received and maintained by Uiem. It shall keeping he the duty of the comptroller of said city, within sixty days after the found- passage of this act, to ascertain the excess of the cost of keeping, doth- bi^asoOT- ^^gy sud otherwise maintaining and caring for the foundlings in said and reim. ^^1^^ since the passage of the said act chapter six hundred and thirty, barsed. ' five aforesaid, over and above the amount received from the city there- for, and to reimburse and pay to the said asylum, in manner afore- said, such excess, vdthin thirty days after the same shall have been ascertained. ^ Sams The several sums provided for and made payable under this act shall provided he raised and paid as specified in said chapter six hundred and thirty- for to be five of the laws of eighteen hundred and seventy-two. n^d by ^2. This act shall take efiect immediately. Cliap. 64:5. AN ACT to make fiirther provision for the pa3anent of further expenses of the local government of the city of New York. Passed June 25, 1874 ; three-fifths being present Tfie People of the State of New York, represented in Senate and Assembly y do enact a,s follows: City pftrks Sbctioit 1. The comptroller of the city of New York, in the name and mSSfand ^^ behalf of the mayor, aldermen and commonalty of the city of New to be York, is hereby authorized and directed to create and issue hereafter, ^'^ ' and at such times, and in such amounts, and in such manner as shall be required by the department of public parks, for the improvement and regulation of the several parks, squares, and public places which by law now are or may hereafter be under the control and management of the dex)artment of public parks, a public fund or stock to be denominated the city parks improvement fund, to an amount not exceeding the som of two hundred and fifty thousand dollars. Such sum hereby author- ized is in addition to any and all amounts heretofore authorized by law to be created and issued for the aforesaid purx)oses, and such stock or fund shall be redeemable within thirty years from the date thereof. The moneys realized from said stock shall be applied only to the con- struction and improvement of said x)arks, squares, and public places. \ % This act shall take efiect immediately. Chap,647.J NINETY-SEVENTH SESSION. 913 Chap. G4=G. AN ACT telegalize* the acts of John G. Safford, a justice of the peace of Washington county. Passed Jane 25, 1814 The People of the State of New York^ repreeented in Senate and Assembly f do ena>ct as follows: Section 1. The official acts of John G. Safiford, a justice of the peace ^^^ of the town of Argyle, in the county of Washington, appointed to fill a logaiiaecu vacancy in said office, performed after January first, eighteen hundred and seventy-four, are hereby made and declared to be as legal and of the same force and effect as if the said John G. Safford had been , reappointed and again taken the oath of office after said first day of January, eighteen hundred and seventy-four. \ 2. Nothing in this act contained shall be deemed or taken to affect ^*"^*«>- the rights of any X)arty to any suit or proceeding commenced prior to its passage. \ 3. This act shall take effect immediately. Ohap. 64:7. AN ACT to amend an act entitled ^^An act to authorize the selection and location of certain grounds for public parks in the city of Buffalo, and to provide for the main- tenance and embellishment thereof," passed April four- teenth, eighteen hundred and sixty-nine. Passed June 26, 1814 ; three-fifths being present. The People of the State of New York^ represented in Senate and AssenMp, do enact as f Mows: Section 1. The twenty-fifth section of the act entitled "An act to authorize the selection and location of certain grounds for public i)arks in the city of Buffalo, and to provide for the maintenance and embel- lishment thereof,'' passed April fourteenth, eighteen hundred and sixty-nine, is hereby amended so as to read as follows : Park com- ^ 25. The said the park commissioners shall have power upon such S^SSy" terms or upon the payment of such yearly license fee or per capita tax flrrautpriy. as the park commissioners may prescribe, to grant to any street railway gtrelt ^ . company in said city the privilege of laving down and operating a railway railway for the carriage of passengers only, through the said connectmg streetis ^,^f *" and approaches ; but no street or other railway shall enter upon, in or through the said -park or parks. The said commisnoners diall hav.e Licensing power to license hacks for use in said park or parks ; to let from yeax ri^ht to^' to year or for any term not exceeding ten years, the right to sell refresh- sen re- ments within the said park or parks, under sudi regulations as the said ^'^a.^o. park commissioners shall prescribe. They may also, bv a vote of two-thirds of their whole number, let or lease a portion oi the para4e at or near the southeast portion thereof, for the purpose of erecting • So in oriffliua. 914: LAWS OF NEW YORK. [Chap. 649. thereon a refectory or hall and other buildings connected therewith, for Buch length of time and upon such terms and conditions as they shall Moneys think proper. Any and all sums of money which may be received by how^df^' ^^^ ^^^ ^^^ P^^ commissioners, pursuant to this section, sfaall be posed ot devoted to the improvement of the said park or parks, approadieB thereto or streets connecting the same. ^ 2. This act shall take effect immediately. Chap. 64:8. AN ACT to provide for the building of a bridge over the Boston and Albany railroad in the town of East Green- bush, Rensselaer county. Passed June 26, 1OT4 The People cf the State of New York, represented in Senate and Assembly^ do enact aafoUows: Bridffo, Section 1. The Boston and Albany Bailroad Comx)any is hereby Snmany required to construct, within one year from the passage of this act, and reoor^d maintain a bridge on the line of its roadway at the point of intersectioD tobnud. ^£ ^^^ Rensseliwr and Columbia turnpike road with the Boston and Albany railroad, in the town of East Greenbush, county of Rensselaer. Said bridge shall be constructed at least twenty-six feet wide, and pro- vided wiui planking nine feet high, for ten rods at each side of said bridge, and each side of said turnpike road ; said road shall be so oon- structed as to carry the said turnpike road by easy grades and with necessary approaches over said Boston and Albany railroad. ^ 2. This act shall take effect immediately. Chap. 649. AN ACT to amend the several acts in relation to the city of Rochester. Passed June 26, 1814 ; three-fifths being present The People of the State of New Torky represented in Senate and Assembly y do enact as follows : Sscrioic 1. Section two hundred and twelve of an act to amend an act entitled ^'An act to amend and consolidate the several acts relating to the charter of the dty of Rochester," passed the eighth of April, eigh- teen hundred and sixty-one, and the several acts amendatory thereof, is hereby amended so as to read as follows : Sidewalk! ^ 212. Except as the commissioners of public works may otherwise oriii^^^* determine or direct, it shall in all cases be the duty of the owner or owuer oV owners of every lot or piece of land in said city, to keep the sidewalks fot'to keer8 of said lake may be retained or discharged, as the purposes of this act may require. If they decide to erect a dam, they shall cause a survey Suryey and map to be made of the said lake, and of the lands around the J? fake*^ same, which will be overflowed, or be liable to be overflowed, by a dam of such height as they shall deem it necessary to erect, and also for a highway to their works, which map shall indicate, as near as may be, the different lots or tracks of land affected, the owners thereof, so far as they can ascertain the same, and the quantity of land required from each ; or said commissioners may make such equitable and proper lease Lease of or other arrangement as may be just with the owner of any dam, at or ^*™" near the outlet of said lower lake, for the purposes of this act, and a road thereto ; and they shall file such survey and map in the office of the clerk of the counties of Glinton and Franklin. § 5. The said commissioners shall make a schedule and description of schedaie the several lots and x)arcels of land in the said counties of Glinton and sciiptfoii Franklin, which are located upon the Ghateaugay river, between Gha- of land, teaugay lake and the line of the Ogdensburgh and Lake Ghamplain railroad, and on which there is a hydraulic power dependent upon the waters of said river, specifying the ratio in which, in their judgment, such respective lots and parcels of land will be benefited by the works contemplated by this act, and also specifying the names of the owners or occupants, so far as they may be known. A copy of such schedule shall be deposited for public inspection in the office or place of resi- dence of each of the commissioners. They shall appoint a time and objec- place for hearing any objections thereto, and shall give notice thereof ^c"^^/^^' by publication for three weeks, in some newspaper in Plattsburgh and bearing. Ghateaugay. Such notice shall specify where the schedules have been deposited, and at what time and place the commissioners will meet to review the same. At such time and place, or at such other times and Review of places as may be in the same manner appointed, or to which they may s^^**®^"^®- adjourn, they shall review the said schedule, and amend and perfect the same ; and when perfected, they shall certify the flEU^, and file the scbedaie certified schedule in the office of the county clerk of said counties of ****** ^^®**' Franklin and Glinton. Any party or parties conceiving himself or AppeaL themselves aggrieved by the finding, judgment or assessment of said commissioners, as set forth in said schedule, may appeal therefrom to th^ county judge of Franklin county, by serving on said commissioners, or by leaving at their dwellinff-houses with a person of suitable age and discretion, within twenty days after the filing of said schedule, as above provided, a notice of appeal to said county judge. And it shall be the duty of said county judge, upon the application of said appel- 918 LAWS OP NEW YORK. [Chap. 652. Hearing lant, OT of Said oommiflsioners, to flz the time and place of hearing the nouoe of ' ^^ appeal, of which at least eight days' notice shall be given to the Dotjof other party or parties. On the hearing of said appeal, it shall be the jnd!?o^n ^^*y ^^ ^^ county judge to thoroughly review and examine "the fiiMl- hearing ings or assessments so appealed from, and the principles whereon the Appeal- same is founded, and to affirm, amend or revise the same in whole or Hav ex. in part And he is hereby emxx)wered to examine witnesses, on oath, wTtoMees. ^^ reftsrence to the same, and to enforce their attendance by subpoena. Decision. The Said county judge shall make his decision in writing, and file the same in the county clerk's office of Franklin county, which decision shall be final and conclusive ; and the said award or finding of said county judge shall, for all the purposes of this act, stand in the place of the said certified schedule of said commissioners. Lands an- ^ 6. The commissioners shall purchase from the owners the land io' ^pm^* under water in said lakes, and the lands surrounding the same, described cbase of. in the map provided for in the fourth section of this act, if they agree with the owners on the terms of the said purchase, and may take a con- Title, veyance thereof to themselves and their successors forever. If they do acquired. ^'^^ ascertain who are the owners of such lands, or any of them, or do not agree on the terms of jmrchase, they may acquire such title in the manner prescribed in diapter one hundred and forty of the laws of eighteen hundred and fifty, entitled ** An act to authorize the formation of railroad corporations and to regulate the same." Stotement ^ 7. Upon or prior to the making of the report required by the said mate of' ^^ chapter one hundred and forty, the commissioners shall make a ezpenses. Statement in detail of the exx)en8e already incurred, and an estimate of the expense thereafter to be incurred for the completion of said Appor. improvement, which, with the amount of appraisals and the interest or upon ^ thereon, and their fees, and the tees of the commissioners of appraisals, real shall be apportioned by the commissioners upon the real estate described ®*^ * in the schedule provided for in the fifth section of this act, and in the ratio there provided. A copy of the said schedule and the statement with the said apportionment shall be kept in the office or place of resi- Nottoe of dence of each commissioner, and they shall publish notice of the fiict ww. CommU. oedure. If the county jude^ remove the commissioners frcnn office, he sioner's may, if in his judgment proper, direct an action to be brought upon the action on. commissioners' bond, which order shall have the same force and effect as if made by the supreme court coropen. ^ 15. The commissioners and appraisers appointed under this act conunfs^ shall be paid at the rate of three dollars for each day's work actually sioners. and necessarily spent, and whenever they devote a porton of a day's time to the business, they shall be jtaid therefor in proportion, wiiiftii In. ^ 16. Any and every person who shall willfully interfere with or wSka a wijure any of the works, gate or structures made or constructed under misde- the provisions of this act, shall be deemed guilty of a misdemeanor, meanor. ^^^ punishable by |lne not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both sudi iine and im- prisonment, and the board of conmiissioners may maintain action for anv damage of such works. Assent of $ 11. Before any proceedings shall be taken, or rights acquired, under ofowneS or by virtue of the provisions of this act, the assent, in writing, of the owners of a majority of the mills and other establishmento which employ the hydraulic power of said river from Chateaugay lake to the line of the Ogdensburgh and Lake Ghamplain railroad aioresaid, repre- senting also a majority in amount of the aggregate valuation of such mills as appearing upon the last preceding assessment roll of the town or towns, shall be obtained thereto, which assent shall be filed in the office of the clerk of the county of Franklin* ^ 18. This act shall take effect immediately. * So in origlnaL Chap. 653.] NINETTSEVENTH SESSION. 921 Chap. 653. AN ACT to authorize the construction of fishways in the Mohawk river. Pruned July 11, 1874 ; three-fifths being pieeent. The People of the State of New 'Yorky represented in Senate and AesenMjfy do enact aefoOLowe : Sbction 1. During the year one thoaeand eighteen^ hundred and wventy-four, it shall be the duty of the CommissioneTs of Fisheries for ike State of New York to haye constvucted, by contract with the lowest and best Udder or bidders, after due public notice, '* Brewer's Improved Skate and Fishway/' in the first dam in the Mohawk river below Sebenectady, known as the aqueduct dam, or dam above the aqueduct, for which purpose the sum of four thousand doUani, or so mudi thereof as may be necessary, is hereby approi>riated out of any money or moneyB in the treasury, not otherwise appropriated, upon the audit of ike said commissioners, which the Treasurer shall pay on the warrant of the Ck»nptroUer from tjone to time as the work progresses and is coqi- pleied. •SoinorigiiMd. 69 93a LAWS OF NEW YORK. NEW TOWNS ERECTED, TOWN BOUNDARIES ALTERED, AND DISPUTED TOWN LINES ESTABLISHED BY BOARDS OF SUPER- VISORS. AN ACT to set off from the town of Canisteo in the county of Steuben the following described territory and annex the same to th^ town of Cameron in said county of Steu- ben, by the board of supervipors thereof. Passed December 12, 1813, twenty-nine out of thirty-two of all the membezs elected to such board voting in its &vor. Section 1. All that part of the said town of Canisteo described and bounded as follows, yiz. : Commencing at a ;>oint in the north line of lot No. 4, lying partly in the said town of Canisteo and partly in the said town of Cameron where the division line between said towns cross. Thence west along the north line of said lot No. 4 to the northwest comer thereof. Thence south to the north line or lot No. 31. Thence west along the north line of lots No. 87 and 38. to the northwest comer of lot No. 88. Thence south on tiie line of lots to the northwest corner of lot No. 11. Thence west on a line of lots to the northwest comer of lot No. 14. Thence south on a line of lots to the township line between the towns of Canisteo and Jasper. Thence east along said township line to the line of the town of Cameron. Thence north on the township line to Ihe place of beginning, is hereby set off firom the said town of Canisteo and annexed to the said town of Cameron. » ^ 2. This act shall take effect immediately except it shall not prohibit the collection of the tax roll of Canisteo this year. Board of Supervisors,) . County of Steuben. /**•' We have com]^ared the above with the original act passed by the board of supervisors in said county, and do certify that the same is a correct transcript therefrom, and of the whole of said original, and that the map hereunto annexed is a correct copy of the one presented to said board, with the application to divide and alter the bounds of the towns therein mentioned. In witness whereof we have hereunto set our hands this 12th day of Dec., 1818. HENRY BALDWIN, Chairman. AARON McCONNKLL, CVk of the Board. Indorsed : " Filed January 20, 1814" DiSDRICH WlIXBRB, Jr., . /Secretary of State. BY BOARDS OF StJPERVlSOES. 938 AN ACT to divide the town of Greig, Lewis county, into two towns, by the board of supervisors of said county. Passed November 20th, 1813, two-thirds of all the members elected to said board voting in favor thereof. Whereas, application to this board, subscribed by at least twelve freeholders residing in the said town of Gieig, for the division of the said town into two towns has been made, and this board having been furnished with the assent in writing of a majoritv of the tax-payers, whose names appear on the assessment roll of the said tOMm for the year herein next preceding ; and having been likewise furnished with a map and sorvey of the said town, showing the line of the proposed division ; and whereas, it appears by evidence fiurnished to this board that a notioe of such intended application, subscribed by at least twelve ^ freeholders of the said town was duly published in three of the news- pax>ers of said county, at least once a week for six weeks successively, unmediately preceding such application, and that the like notices were X)06ted in at least five of the most public places in said town for four weeks next preceding said application, therefore be it enacted by the sud board of supervisors as follows : AN ACT to divide the town of Greig, in the county of Lewis, and to erect therein two separate and distinct towns, by the board of supervisors thereof. Passed November 26th, 187S ; two-thirds of all the members elected to such board voting in its favor. SBonoN 1. All that x>art of the town of Greig described and bounded as follows, viz.: Beginning at a point in Black river, being the south, weet corner of the town of Watson, and the northwest comer of the present town of Greig, running thence up said river to a point in said river opposite the northwest corner of Great Lot No. 199, of the sub- division of the present town of Greig ; running thence east to the north, west comer of Great Lot No. 199 ; tibence east on the north line thereof and continuing the same course east to Brown's tract ; thence south on the west line of Brown*s tract to the northwest comer of Great Lot No. 6, of the subdivision of said Brown's tract, then running east on the north line of said Lot No. 6, to the county line ; thence northerly on said county line to the southeast corner of the town of Watson ; thence running west on the south line of the town of Watson to the place of beginning, is hereby erected into a separate town, to be called and hereafter known and ^stinguished by the name of Greig. The first annual town meeting in the town hereby erected shall be held at the hotel now kept by F. M. Stockwell in said town of Greig, on the third Tuesday in February, 1814, and thereafter the same shall be held on the same day that other towns hold their annual town meetings in said county of Lewis. James D. Smith, Ambrose F. Ck)le and Chauncey Getman are hereby appointed to preside at the first town meeting to be held in said town of Greig, to appoint a clerk, open and keep the polls, and shall have and exercise the same X)ower8 as justices of the peace when presiding at town meetings. Sbotion 2. All the rest and remainder of the town of Greig is hereby erected into a separate town, to be hereafter known and distinguished as the town of Lyonsdale. V 924 LAWS OF NEW YORK- Tbe first annual town meeting in the town herein erected shall be held at the school house known as the Jaeobie school hoase, on tbe third Tuesday of February^ 1814, and thereafter on the same day that other towns hold their annual town meetings in said county of Xiewis. Nelson Bumap, Wm. Seymour and John W. Holcomb are hereby appointed to preside at the first town meeting to be held in said town of Lyonisdale, to appoint a clerk^ to open and keep the polls, and have and exerdse the same powers a« justices of the peace when piesidiiig at town meetlDgs. WILLIAM BOWELL, Chairman. Hamilton Wdw»x, Supervisors^ Clerh. We, the undersigned, chairman and clerk of said board, do heieby certify that we have compared the fwegoing with the original report I and bill passed by the boud of supervisors of said county at their last annual meeting, and that the same is a correct transcript therefrom, and of the whole thereof, and is a true statement of the action of siid board in reference to the erection of said town of Lyonsdale, and that the said original was passed by a majority of two-thirds of all tiie members elected to said board ; and that the map hereunto annexed is a correct copy of the one presented to said board with the applicatioD for the erection of said town of Lyonsdale. In witness whereof, we have hereunto set our handB this 14th day of February^ 1874. WILLIAM SOWELL^ Chaimiaau Hamilton Wiloox, Supervisors^ Ghrk Indorsed: "Filed March 81^814 DiSBRICH WlLLERS^ Jr., Secretary of State. NINETY^EVENTH SESSION. 935 CONCURRENT RESOLUTIONS OF THB SENATE AND ASSEMBLY. CONCURRENT RESOLUTIONS proposing amendments to article two of the Constitution. Wherbas, At the last session of the Legislature, the following amend- ment was pTox)Osed in the Senate and Assembly, namely : That sections one and two of article two of the constitution be amended so as to read as follows : Sbction 1. Every male citizen of the age of twenty-one years who shall have been a citizen for ten days and an inhabitant of this State one year next preceding an election, and for the last four months a resident of the county and for the last thirty days a resident of the election district in wnich he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the State, or of the United States, in the army or navy thereof, shall be deprived of his vote by rea- son of his absence from such election district ; and the Legislature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. § 2. No person who shall receive, expect or offer to receive, or pay, offer or promise to pay, contribute, oner or promise to contribute to another, to be paid or used, any money or ot&er valuable thing as a compeudation or reward for the giving or withholding a vote at an election, or who shall make any promise to influence the giving or vrithholding any such vote, or who shall make or become directly ctf indurectly interested in any bet or wager depending upon the result of any election, shall vote at such election ; and upon challenge for such cause, the person so challenged, before the officers authorized for that purpose shall receive his vote, shall swear or affirm before such officers that he has not received or offered, does not expect to receive, h€is not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be ^d or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at such election, and has not made any promise to influence the giving or Withholding of any such vote, nor made or become directly or indirectly interested in any bet or wafrer depending upon the result of sncli election. The LegislatuM, at tile session thereof next after the 936 CONCURRE^T RESOLUTIONS. adoption of this section, shall, and from time to time thereafter may, enact laws excluding from the right of IsaflBrage all x)er8onB convicted of bribery or of any infamoas crime. And whsrsas, The said proposed amendment was agreed to by a majority of the Members elected to each of the two houses of the iid Legislature, entered on their journals, with the yeas and nays taken thereon, and referred to the L^g^lature to be chosen at the then next general election of Senators ; And whbrbas. Such election has taken place, and said proposed amendment was duly published for three months previous to the time of making such choice, in pursuance of the provisions of section one of article thurteen of the constitution ; therefore. Resolved (if the Senate concur), That the Assembly do agree to the proposed amendment. Statb op New York, 1 In Assembly, January 28, 1814. / The foregoing resolutions were duly passed. By order of the Assembly. JOHN O'DONNELL, Clerk. State op New York, > In Senate, April 10, 1814 / The foregoing resolutions were duly passed. By order of the Senate. HENRY A. QLIDDEN, Clerk. CONCURRENT RESOLUTIONS proposing amendments to article three of the Constitution. Whereas,. At the last session of the Legislature, the following amend- ment was proposed in the Senate and A^mbly, viz. : That sections one, five, six, seven and, eight of article three of the constitution be amended so as to read as follows : ARTICLE m. Section 1. The legislative power of this State shall be vested in a Senate and Assembly. ' ^ 5. The Assembly shall consist of one hundred and twenty-eight members, elected for one year. The Members of Assembly shall be apx)ortioned among the several counties of the State, by the L^shu ture, as nearly as may be, according to the number of their respective inhabitants, excluding aliens, and shall be chosBh by single dlstrictSL The Assembly districts shall remain as at present organized, until after the enumeration of the inhabitants of the State, in the year eighteen hundred and seventy-five. The Legislature, at ito first session aftiar the return of every enumeration, shall apportion the Members of Assembly among the several counties of the State, in manner aforesaid, and the board of sui)ervi8or8 in such counties as tnay be entitled under such apportionment to more than one member, except the dty and oonniy of New York, and in said city and county the board of aldermen of said city 9bf^n assemble at such time as the Legislature, making sudi appor. NINETYSEVENTH SESSION. 93T tionmenty shall prescribe, and divide their respective counties into AiBaembly districts, each of which districts shall consist of convenient and contiguous territory, equal to the number of Members of Assembly to which sudi counties shall be entitled, and shall cause to be filed in the offices of the Secretary of State and the clerks of their respective . counties, a description of such districts, specifying the number of each district and the population thereof, according to the last preceding enumeration as near, as can be ascertained, and the ajyportionment and districts shall remain unaltered until another enumeration diall be made as herein provided. No town shall be divided in the formation of Assembly ai8trict.& Bvery county heretofore established and separ- ately organized, except the county of Hamilton, shall always be enti- tled to one Member of the Assembly, and no new county shall be here- after erected, unless its population shall entitle it to a Member. The county of Hamilton shall elect with the county of Pulton, until the popuhttion of the county of Hamilton shall, according to the ratio be entitled to a Member. But the Legislature may abolish the said county of Hamilton, and annex the territory thereof to some other county or counties. Nothing in this section shall prevent division at any time of counties and towns, and the erection of new towns and counties by the Legislature. ^ 6. Each Member of the Legislature shall receive for his services an annual sakury of one thousand five hundred dollars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel, in going to and returning from their place of meeting, once in each session, on the most usual route. Senators, when the Sen. ate alone is convened in extraordinary session, or when serving as members of the Court for the Trial of Impeachments, and such Members of the Assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. § 1. No Member of the Legislature shall receive any civil appoint- ment witiiin this State, or the Senate of the United States, from the Governor, the Qovemor and Senate, or from the Legislature, or from any dty government during the time for which he shall have been elected ; and all such appointments and all votes given for any ]3uch member for any such office or appointment, shall be void. & 8. No person shall be eligible to the Legislature who, at the time of nis election, is, or within one hundred days previous thereto has been, a Member of Congress, a dvil or military officer under the United States, or an officer under any city government. And if any person shall, after his election as a Member of the Legislature, be elected to Congress, or appointed to any office civil or military, under the govern- ment of the United States, or under any city government, his accept- ance thereof shall vacate his seat. And that the following additional sections be added to said article three of the constitution : ^ 11. No act shall be passed which shall provide that any existing law, or any part thereof, shall be made or deemed a part of said act, or which shall enact that any existing law, or any part thereof, shall be applicable, except by inserting it in such act ^ 18. The Legislature shall not pass a private or local bill in any of the following cases : Changing the names of persona 938 CONCURRENT RESOLUTIONS. Laying oat, opening, altering, working or difloontinuing roads, high- -ways or alleys, or for draining swampe or other low lands. Locating or changing county Beats. ProTiding for changes of venue in civil or oriminal oase& Incorporating villages. Providing for election of membets of boards of sapervi8or& Selecting, drawing, summoning or impaneling giaad or petit juroia. Ululating the rate of interest on money. The opemng and conducting of electiyemor may recommend for consideration. He shall communicate by message to the Legislature at every session the condition of the State, and recommend such matters to them as he shall judge expedient. He shall transact all necessaiy business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws are faithfully executed. He shall receive for his services an annual salary of ten thousand dollars, and there shall be provided for his use a suit* able and furnished executive residence. i 8. The Lieutenant-Governor shall receive for his services an annual salary of five thousand dollurs, and shall not receive or be entitled to any other compensation, fee or perquisite, for any duty or service he may be required to perform by the constitution or by law, ^ 9. Every bill wnich shall have passed the Senate and Assembly shall, before it becomes a law, be presented to the Governor ; if he approve, he shall sign it ; but if not, he shall return it with his objec- tions to the house in which it shall have originated, which shall enter the objections at large on the journal, and proceed to reconsider it I^ ■ after such reconsideration, two-thirds of the members elected to that house shall agree to pass the bill it shall be sent together with the objections to the other house by which it shall likewise l^ reconsidered ; and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the Governor. In all such cases, the votes in both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house respectivel v. If any bill shall not be returned by the Gk)vernor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless. the Legislature shall, by their adjournment, pre- vent its return, in which case it shall not become a law withont the Sproval of the Governor. No bill shall become a law after the final joumment of the Legislature, unless approved by the Governor within thirty days after such adjournment. If any bill presented to the Governor contain several items of appropriation of money, he may object to one or more of such items while approving of the other op- tion of the bill. In such case, he shall append to the bill, at the time of signing it, a statement of the items to which he objects ; and the appropriation so objected to shall not take effect If the Legislature be ^ in session, he shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If, on reconsideration, one or more oi such itema be approved by two-thirds of the members elected to each honse, tbe same shall be part of the law, notwithstanding the objections of the Governor. All the provisions of this section, in relation to bills not approved by the Governor, shall apply in cases in which he shall withhold his approval from any item or items contained in a bill appropriating money. And whereas, The said proposed amendment was agreed to by a majority of the members elected to each of the two houses of the said Legislature, entered on their journals, with the yeas kad nays taken thereon, and referred to the Legislature to be chosen at the then next general election of Senators ; NINETY-SEVENTH SESSION. 981 An'd whbrbas, Sach election has taken place, and said proposed amendment was duly published for three months previous to the time of making such choice in pursuance of the proyisions of section one of article thirteen of the constitution ; therefore, Resolved (if the Senate concur), That the Assembly do agree to the I»ropoeed amendment. Statb of Nbw York, > In Assembly, January 23, 1814 / The foregoing resolution was duly passed. By order of the Assembly. JOHN O'DONNELL, Clerk. Statb op New York, \ In Senate, April 10, 1814 J The foregoing resolutions were duly x)aseed. By order of the Senate. HENRY A. GLIDDEN, Clerk. CONCURRENT RESOLUTION proposing amendments to article seven of the Constitution. Whereas, At the last session of the Legislature, the following amendment was proposed in the Senate and Assembly, viz. : That sections three and six of article seyen be amended as follows : Section three to be amended by adding at the end of the section the following : No extra compensation shall be made to any contractor, but if, from any unforeseen cause, the terms of any contract shall prove to be un- just and oppressive, the Canal Board may, upon the application of the contractor, cancel such contract. Section 6. The Legiriature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Ohamplain canal or the Cayuga and Seneca canal; but they shall remain the property of the State, and under its management forever. Hereafter the exi)enditureB for collec- tions, superintendence, ordinary and extraordinary rex)airs on the canals named in this section, shall not exceed, in any year, their gross receipts for the previous year. All funds that may be derived from any lease, sale or other aisx)osition of any canal, shall be applied in payment of the debt for which the canal revenues are pledged. That the following be added as sections thirteen and fourteen in place of sections thirteen and fourteen of this article which have been transferred and inserted as sections twenty-one and twenty«two of article three. ^ 13. The sinking funds provided for the payment of interest and the extinguishment of the principal of the debts of the State shall be separately kept and safely invested, and neither of them shall be appropriated or used in any manner other than for the spediic purpose for which it shall have been provided. ^ 14 Neither the Legislature, Canal Board, Canal Apinraisers, nor any person or persons acting in behalf of the State, shall audit, allow, or pay any claim which, as between citizens of the State, would be 983 CONCURREKT RESOLUTIONS. l)arred by lapse of time. The Hmitation of existing claimB flhall begin to run from the adoption of this section ; but this provision shall not be construed to revive claims already barred by existing statates, nor to repeal any statute fixing the time within which c&ims shall be presented or allowed, nor shall It extend to any claims duly presented within the time allowed by law, and prosecuted with due diligence from the time of such presentment. But if the claimant shall be under legal disability, the claim may be presented within two years after such disability is removed. And whbrbas, The said proposed amendment was agreed to by a majority of the members elected to each of the two houses of the said Legislature, entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the then next general election of Senators ; And WHStiBAfi, Such election has taken place, and said {nroposed amendment wss duly puUished for three months previous to the time of making such dHHce, in pursuance of the provisions of section one of article thirteen of the constitution ; therefore. Resolved (if the Assembly concur). That the Senate do agree to the proposed amendment. StAtB OP Nbw Yoek, > In Senate, January 21, 1814. / The foregoing resolution was duly passed. By order of the Senate. HENRY A- GLIDDKN, ClerL State of New York, > In Assembly, March 19, 1814./ The foregoing resolution was duly passed. By order of the Assembly. JOHN O'DONNELL. Ckrk. CONCURRENT RESOLUTION proposing amendments to article eight of the Constitution. Whereas, At the last session of the Legislature, the following amendment was proposed in the Senate and Assembly, viz, : That article eight of the constitution be amended, by amending sec- tion four thereof, so as to read as follows : ^ 4. The Legislature shall, by general law, conform all charters of sayings banks, or institutions for savings, to a uniformity Of powers, rights and liabilities, and all charters heireaffcer granted for such cor. porations shall be made to conform to sudi general law, and to such amendments as may be made thereto. And no such corporation shall havd any capital stock, nor shall the trustees thereof, or any of them have any interest whatever, direct or indirect, in the jm^fits of such corporation ; and no director or trustee of any such bank or institution shall be interested in any loan or use of any money or prop- perty of such bank or institution for savings. The Legislature shall have no power to pass any act granting any special charter for banking purposes ; but corporations or associations may be formed for sira purposes under general laws. NINETy.8EVBNTH SESSION. 938 And tarOuBfTf by adding fhereto additional aectionB to be known aa sections ten and eleven, as follows : ^ 10. Neither the credit nor the money of the State shall be given or loaned to or in aid of any association, corporation or private under, taking. This section shall not however prevent the Legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proi)er. Nor shall it applv to any fiind or property now held, or which may hereafter be held by the State for educational purposes. § 11. No county, city, town or village shall her^fter give any money or property, or loan its money or crecut, to or in aid of any individual, association or corporation, or become directly or indirectly, the owner of stock in or bonds of any association or corporation, nor shall any Bach county, city, town or village be allowed to incur any indebtedness, except for counly, dty, town or village purposes. This section shall not prevent sudi county, dty, town Or vulage from making such pro- vision for the aid or support of its poor as may be authorized by law. And wherbas. The said proposed amendment was agreed to by a majority of the members elected to each of the two houses of the said Legislature, entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the then next general election of Senators ; And whbrbas. Such election has taken place, and said proposed amendment was duly published for three months previous to the time of making sudi choice, in pursuance of the provisions of section one of article thirteen of the constitution ; therefore. Resolved (if the Assembly concur), That the Senate do agree to the proposed amendment. Statb of Nbw York, ) In Senate, January 21, 1814. ) The foregoing vesokitMm wb6 duly passed. By order of the Senate. HENET A. GLIDDEN, Clerk. Statb of New York, > In Assembly, April 15, 1814/ The foregoing resolution was duly passed. By order of the Assembly, JOHN CDONNELL, aerk. Ill I .TT— » CONCURRENT RESOLUTION proposing amendment to article ten of the Constitution. Wherbas^ At the late session of the Legislature, the following amendment was proi)osed in the Senate and .A^mbly, viz. : That article ten ot the constitution be amended, by adding at the end thereof an additional section, as follows : ^ 9. No offioer whose salary is fixed 1^ the oonstitution shall receive any addituxoal compensation. Each of the other State officers named in the constitution diaU, during his continuance in office, rooeive a com- peusation, to be fixed by law, whidi shall not be increased or dimin^ idled during the term for which he shall haye been elected or 984 (CONCURRENT RESOLUTIONS. appointed ; nor shall he receive to his use any fees or perqniates of office or other compensation. • And wherba^, The said proposed amendment was agreed to by a majority of the members elected to each of the two houses of the said Legislature, entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the tnen next general election of Senators ; And whbrbas, Such election has taken place, and said proposed amendment was duly published, for three months previous to the time of making such choice, in pursuance of the provisions of section one of article thirteen of the constitution ; therefore. Resolved (if the Assembly concur), That the Senate do agree to the prox)08ed amendment. Statb op New York, ) ' In Senate, January 27, 1814/ The foregoinjir reeolntioa yne duly paaeed. By Older of the Senate. HENRY A. GLIDDKN, ■ Statb op New York, ) In Assembly, February 4, 1874./ The foregoing resolution was duly passed. . By coder of the Assembly. JOHN O'DONNELL, Clerk. CONCURRENT RESOLUTION proposing amendment to article twelve of the Constitution. Whbrbas, At the last session of the L^slature, the following amend, ment was prox)osed in the Senate and AjBsembly, viz. : That article twelve of the constitution be amended so as to read as follows : ARTICLE Xn. Sbciion 1. Members of the Legislature (and all offioeis, executive and judicial, except sucb inferior officers as shall be by law exempted), shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : '^ I do solemnly swear (or affirm^ that I will support the constitution of the United States, and the constitution of the State of New York, and that I will fiuthfully discharge the duties of the office of , according to the best of my ability ;" and all such officers who shall have been chosen at any election shall, before they enter on the duties of their respective offices, take and subscribe the oath or affirmation above prescribed, together with the following addition thereto, as x)art thereof: '^ And I do fkirtner solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered or promised to contribute, any money or other valuable thing as a oonsid. eration or reward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote," and no other oath. OTNETY-SEVENTH SESSION. 985 # deelaration or tedt, ahall be required as a qualiflcation for any oflSLoe of public trust. And WHBREASy The said proposed amendment was agreed to by a majority of the members elected to each of the two houses of the said Legislature, entered on their journals, with the yeas and nays taken thereon, and referred, to the Legislatuie to be chosen at the ttien next general election of Senators ; Akb whrrsas. Such election has taken place, and said -proposed amendment was dul^ published for three months previous to tiie time of making such choice, in pursuance of the provisions of section one of article thMeen of the constitution ; therefore, Resolved (if the Assembly concur). That the Senate do agree to the proposed amendment, Statb op Nbw York, > In Senate, January 27, 1874 / The foregoing resolution was duly passed. By order of the Senat.e, HENRY A. GLEDDEN, Clerh State of Nbw York, ) In Assembly, February 4, 1874, j The foregoing resolution was duly passed. By order of the Assembly, JOHN O'DONNELL, Clerk. CONCURRENT RESOLUTION proposing an amendment to the Constitution^ to be known as articles fifteen and sixteen. Whsrbas, At the last session of the Legislature, the following amendment was proposed in the Senate and Aissembly, viz. : That the constitution of this State be amended by adding additional articles thereto, to be known as articles fifteen and sixteen, as follows : ARTICLE XV. SscriON 1.. Any person holding office under the laws of this State, who, except in payment of his lefiral salary, fees or perquisites, shall receive or consent to receive, directly or indirectly, any thinff of value or of personal advantage, or the promise thereof, for performing or omitting to perform any official act, or with the express or implied understanding that his official action or omission to act is to be in any degree influenced thereby, shall be deemed guilty of a felony. This se^on shall not affect the validity of any existing statute in relation to the offense of bribery. ^ 2. Any person who shall offer or promise a bribe to an officer, if it shall be received, shall be deemed guilty of a felony and liable to pun- ishment, except as herein provided. No person offering a bribe snail, upon any prosecution of the officer for receiving such oribe, be privi- leged from testifying in relation thereto, and he shall not be liable to. civil or criminal prosecution therefor, if he shall testify to the giving or 986 CONCUBItEMT RESOLUnOBTS. offering of soch bribe. Axqr penon who AM offer or^praniae a bribe, if it be rejected by the ofGLoer to whom it is tendered, shall be deemed guilty of an attempt to bribe, which is hereby declared to be a felony. ^ 8. Any person charged with receiving a Mbe, or with offering or promising a bribe, shall be permitted to testify in hisown behalf in any dyil or criminal prosecation therefor. ^ 4. Any district attorney who shall fiil ikdthfdlly to proeeonteaper. son charged with the violation in his county of any pfovision ot thi4 Mtide wbidi may oome to his knowledge, shall be removed from office by the Gk)vemor, after due notice and an opx>ortanity of being heard in hk defense. The expenses which shall be incurred by any counif , in investigating and prosecuting any charge of bribery, or attempt to bribe any person holding office under the laws of this State, within such county, or of receiving bribes by any such i)erson in said county, diall be a charge against the State, and their payment by the State wall be provided for by law, * ARTICLE IVL Section 1. All amendments to the constitution shall be in force from and including the first day of January succeeding the election at whidi the same were adopted, except when otherwise provided by such amendments. And whbrbas. The said proposed amendment was agreed (o by a majority of the members elected to each of the two houses of the said Legislature, entered on their journals with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the then next general election of Senators ; And whsbbas, Such election has taken place, and said inopoeed amendment was duly published for three mcmths previous to the time of making such choice, in pursuance of the provisions of section one of article th&teen of the constitution ; therefore, Resolved (if the Assembly concur). That the Senate do agree to the proposed amendment. Statb op Nsw Y(«k, ) In Senate, January 27, 16T4 */ The foregoing resolution was duly passed. By order of the Senate. HENET A GLEDDEN, CkrL Statb op New York, \ In Assembly, February 4, 1874. / The foregoing resolution was duly passed. By order of the Assembly . JOHN O'DONNELL, ClsrL NINETY-SEVENTH SESSION. 937 Statb of New York, \ Albany, April!, 1814./ We certify that a joint convention of the Senate and Assembly, held in the Assembly Chamber, on the seventh day of April, one thousand eight hundred and seventy-four, pursuant to law, and a concurrent reso- lution of both houses, Neil Gilmour of the county of Saratoga, having received a majority of all the votes cast, was duly elected Superintend- ent of Public Instruction, for the term of three years, from the first Tuesday of April, one thousand eight hundred and seventy-four. Witness our hands and the seals of the Senate and Assemblv this seventh day of April, one thousand eight hundred and seventy-four. [l. 8.] JOHN C. ROBINSON, President of the Senate. HENRY A. GULDEN, Clerk of the Senate. [l. 6.] JAMES W. HUSTED, Speaker of the Aasemhly. JOHN O'DONKELL, Clerk of the Assembly. CONCURRENT RESOLUTIONS relative to a message from the Governor on the inflation of the currency of the United States. Wherbas, His Excellency the Governor of the State of New York, has this day transmitted to both houses of the Legislature, a special message relating to the inflation of the currency by the general govern- ment, calling attention to the disastrous effect of such action upon the welfare and prosperity of the country, therefore be it Resolved (if the* Assembly concur), that we fully aflirm and heartily endorse the sentiments expressed in such message, and in view thereof, • and of the act of Congress, approved March, eighteen hundred and sixty-nine, which affirmed that the faith of the United States was solemnly pledged to the payment in coin, of all the obligations of the United States not bearing interest (known as United States notes), and that '^ the United States also solemnly pledged its faith to make pro- vision at the earliest practicable period for the redemption of the United StMes notes in coin," and as this pledge has been repeatedly ^ given ; it is the judgment of the Legislature of the State of New York, that it is the duty of the administration of the general government at Washiugton and of Congress to stay the pernicious and ruinous policy of increasing the volume of irredeemable paper currency, and be it further Resolved (if the Assembly concur), that our Senators and Represent, atives in Congress be and they are hereby requested, to resist by all efforts in their power, any inflation of the currency, through the further issue of circulating notes by the government or by national banks, and that they be and they are also hereby requested respectively to promote by all proper measures an early return to specie payment ; and be it further 60 938 CX>NCURRENT RESOLUTIONS. « Resolved (if the Assembly ooncur), that his Excellency the Governor, be reqnestea to transmit these resolutions, with a copy of his message appended, to the President of the United States, ana to each of our Senators and Representatives in Congress. Statb of Nbw York, ) In Senate, April 7, 1814./ The foregoing resolutions were duly passed. • By order. HENRY A. GLIDDEN, CUrk. ' York, \ in, 1874./ State op Nbw In Assembly, April The foregoing resolutions were duly passed. By order. JOHN O'CONNELL. Clerk. CONCURRENT RESOLUTION in relation to the com- pletion of the work of removing the obstructions at Hell Gate. Whereas, The commercial interests of the whole country, and espe- dally of the dty and State of New York, demand the early completion of the work of removing the obstructions at Hell Gftte ; and Whereas, The work has now been suspended for four months for the want of funds for its prosecution, and the engineer in chaige. Gen- eral Newton, estimates that six hundred thousand dollars will be re. quired for its completion ; therefore Resolved (if the Senate concur). That our Senators and Representa. tives in Congress be requested to use their influence for an early appro, priation of nie amount so required. State op New York, \ In Assembly, April 11, 1874 / The foregoing resolution was duly passed. By order. JOHN O'DONNKLL, State op New York, ) In Senate, April 14, 1874./ The foregoing resolution was duly jiassed. By order. HENRY A. GLIDDEN, Clerk. NINETY-SEVENTH SESSION. 939 Statb op New York, ) In Senate, Albany, April 22, 1874. / Resolved (if the Assembly ooncur). That the Legislature do concur in the reoommendation of the Canal Board, and assent to the adoption of the Toll sheet of 1813, by said Board, for the year 1814 By order. H. A. GLIDDEN, Clerk* In Assembly, \ 1.24,1814./ Apl. Concurred in ^thout amendment. By order. J. O'DONNELL, Clerk. CONCURRENT RESOLUTION relative to the dam on the Owasco river, in the city of Auburn. Whereas, grave doubts exist as to the height at which the State should maintain the dam on the Owasco river, in the dty of Auburn, known as the Prison dam, for the purpose of supplying water to the said prison; and Whereas, much litigation has heretofore arisen, and suits are now pending and undetermined for damages alleged to have been sustained by reason of the maintenance of flush boards upon said dam ; and which flush boards are alleged to have been so maintained under the directions of the officers of the State in charge of said prison ; it is, therefore, Resolved (if the Assembly concur). That the Grovemor be, and hereby is authorized to appoint three commissioners, one of which commis- sioners shall be the State Engineer and Surveyor, whose duty it shall be with all convenient diligence to examine ana determine 1^/. The height to which such dam, with or without flush boards, may be lawfully maintained by the officers of the State, for the purpose of supplying water to the Auburn prison. 2iid. Whether the maintenance of such daQi at the height at which the same may now be legally maintained, will supply sufficient water and water power for the necessary uses of the State in connection with the Auburn prison. 3rd. If the maintenance of such dam, at the height to which the same may now be legally maintained, is insufficient for the supply of the water and water power necessary for the State, in connection with the Auburn prison, that then and in that case said commissioners shall determine the height at which such dam shall hereafter be maintained, and the x)ermanent damages caused thereby shall be fixed and deter- mined by commissioners to be hereafter appointed for that purpose in the manner provided by the Constitution and laws of the State. ^th. That upon a written stipulation being filed with said com. missioners bv the parties respectively to the suits now pending and undetermined for temporary oamages, alleged to have been susmned by reason of the unlawful maintenance of nush boards upon said dam, by or under the direction of the officers of the State in connection with 940 CONCUERENT BESOLUTIONS. I said Aubnm Priflon, to submit all matters of difference in said actions to the final award and arbitration of said commissioners ; it shall be tha duty of said commissioners to hear, arbitrate and determine said actions, and to make such award and determination thereof as they may deem equitable and just ; and for that purpose, the said commis- sioners are authorized to examine said parties and each of them, and such witnesses as may be presented by said parties or either of them under oath ; and to enforce the attendance of said parties and each of them, and of witnesses by subpoena and attachment in the same manner as such attendance may be enforced in the Supreme Court And either of said commissioners is hereby authorized to administer any oath or affirmation requisite upon such hearing. All of said com. missioners shall meet together upon all proceedings under this act,^ but a majority of said commissioners may determine any question which may arise upon any proceeding under the same, and may make a final award and determination of all matters submitted to them. State op New York, ) In Senate, April 21, 1874./ * The foregoing resolution was duly passed. By order of the Senate, HENRY A. GLIDDEN, Clerh. w York, ) 1129,1814/ State of New In Assembly, April The foregoing resolution was duly passed. By order of the Assembly. JOHN O'DONNELL, Clerk. CONCURRENT RESOLUTION authorizing the Governor to appoint commissioners to represent the State at the Centennial Exhibition. Whereas, His Excellency the Governor recommends in his annual message the appointment of a board of commissioners to represent this State, and its industrial and other interests, in the Centennial Exhibi- tion, soon to be held in the city of Philadelphia ; and Whereas, The managers of said exhibition advise that each State shall select a commission, not exceeding five in nimiber, for the prar- pose of organizing their respective States and securing a suitable repre- sentation of the same in the exhibition ; therefore be it Resolved (if the Senate concur). That the Governor be and he is hereby authorized to appoint live citizens to be commissioners, who shall represent the State of New York in all matters connected with or pertaining to the Centennial Exhibition. The said commissioners to receive no compensation for their services or expenses. In addition to the commissioners herein provided, the commissioners and alternates appointed by the President of the United States for the State at large shall be included in the commission herewith created. • So in original. NINETY-SEVENTH SESSION. 941 State op New York, ) In Assembly, February 18, 1874/ The foregoing resolution was duly passed. By otder. JOHN O'DONNELL, Clerk. State op New York, \ In Senate, April 30, 1814/ The foregoing resolution was duly passed. By order. HENRY A. GLIDDEN, ClerJc, CONCURRENT RESOLUTION directing the board of commissioners of the department of docks of the city of New York to cause to be made the necessary surveys, soundings, and other examination of the water front of that part of Westchester county recently • annexed to said city. Resolved (if the Senate concur). That the board of oommisBioners of the department of docks of the city of New York, are hereby directed to cause to be made the necessary surveys, soundings and other ex. amination of the water front of all that part of Westchester county recently annexed to said city, from the easterly terminus of said water front at the mouth of the Bronx river, as already determined, and thence following the East river bank and the Harlem river, Spuyten Deuvil creek and Hudson river to the northern terminus pf said water front on the Hudson river, as already determined, and to ascertain the capacities and requirements of said water front for adaptation to com- mercial uses, in like manner as the said board has already caused to be surveyed and examined the previously recorded water front of said city. State op New York, \ In Assembly, April n, 1814/ The foregoing resolution was duly x>a88ed. By order. JOHN O'DONNELL, Clerk, State op New York, ) In Senate, April 30, 1874. j The foregoing resolution was duly passed. By order. HENRY A. GLIDDEN, Clerk. 942 CONCURRENT RESOLUnON& State of New York, Senate Chamber, Albany, April 30, 18T4L } Resolved (if the Assemblr concur), That 3000 copies of the bill codi- fying and amending the laws relating to the commitment and care of lunatics and organization of asylums be printed, and copies be dis- tributed by the Secretary of State to the officers and persons designated to carry out the provisions of the law. By order. H. A, GLTODEN, cek. In Assem., Ajiril 30, 1874L Concurred in. By order. J. O'DONNELL, Cltrk. NAAIES CHANGED BY OOUBTS. 94a NAMES CHANGED UNDER AND PURSUANT TO CHAPTER EIGHTY OF THE LAWS OF EIGHTEEN HUNDRED AND SIXTY, AMENDA- TORY OF CHAPTER FOUR HUNDRED AND SIXTY-FOUR, LAWS OF EIGHTEEN HUNDRED AND FORTY-BEVEN. State of Nbtw York, ) 5 J Cortland County Clerk's Office, f **' I, Frank Plaoe, clerk of said ooanty, pursuant to the statutes therein, for made and provided, do hereby return and certify that the following change of name was duly made by order of the county court of Cort- land county, under and by virtue of the statutes aforesaid, to wit : Elizabeth Garner, to Kitty Elizabeth Simms. Order dated October 1, 1812. To take eifect from and after November 1, 1812. In testimony whereof I have hereunto set my hand and affixed the seal of said county of Cortland, at Cortland Village, this 30th day of August, 1813. [l. s.] frank place. Clerk. Indorsed : " Piled September 2, 1813," State op New York, , ^„ . Columbia County Clerk's Ofpicb, I, Edwin C. Terry, county clerk of said county of Columbia, do hereby certify and return that the following changes of names of per- sons were made by order of the county court of said county, under and by virtue of the act in such case made and provided : The name of De Witt C. Van Valkenburgh Lyon, changed to De Witt C. Van Valkenburgh. The name Helen V. N. Humphrey, changed to Helen Van Ness. The name of Herbert Humphrey, changed to Herbert Van Ness. The name of Lester Humphrey, changed to Lester Van Ness. In testimony whereof I have hereunto set my hand and affixed the aeal of said county the 6th day of December, A. D. 1813. [l. 8.] EDWIN C. TERRY, County Clerk, Indorsed : " Piled December 8, 1813." 94=4 NAMES CHANGED BY CX3URTS. Clerk's Office, Court of Common Pleas for ) THE Cmr AND County of New York. / I, Nathaniel Jarvis, Jr., clerk of the Court of Common Pleas for the City and County of New York, do report and certify that the names of the following persons were changed by this court auring the year 187^, pursuant to the act of the Legislature of the State of Kew York, passed December fourteenth, eighteen hundred and forty-seven, aad of the act amendatory thereof, passed March 11th, 18tK), viz. * C. H. Achilles Weidner to Achilles Rose. Order entered January 25th, 1813. To take effect March 1st, 1813. Michael James Lowe to James Michael Lowe. Order entered January 21th, 1813. To take effect February 26th, 1813. Jacob Hassendeuble to Jacob Hasse. Order entered February 1st, 1813. To take effect February 26th, 1813. Otto Hassendeuble to Otto Hasse. Order entered February 1st, 1813. To take effect February 26th, 1813. Frederick Hassendeuble to Frederick Haese. Order entered February Ist, 1813. To take effect February 26th, 1813. CaiTie Thompson to Carrie Foster. Order entered February 1th, 1813. To take effect March 15th, 1813. John Smith Magonagle to John Smith Magonagle Hill. Order entered March 31st, 1813. To take effect April 4th, 1813. Charles H. Weed to Charles Reed. Order entered April 1th, 1813. To take effect May 10th, 1813. Anna J. Weed to Anna J. Reed. Order entered April 1th, 1813. To take effect May 10t.h, 1813. Maurice G. Weed to Maurice G. Reed. Order entered April 1th, 1813. To take effect May 10th, 1813. Marie G. Weed to Marie G. Reed. Order entered April 1th, 1813. To take effect May 10th, 1813. SextuB L. Weed to Sextus L. Reed. Order entered April 1th, 1813. To take effect May 10th, 1813. Edward H. Coburn to Edward H. Cockbum. Order entered May 21th, 1813. To take effect June 1st, 1813. Martha A. Cpbum to Martha A. Cockbum. Order entered May 21th, 1813. To take effect June 1st, 1813. Martha A. Coburn, Jr., to Martha A Cockbum, Jr. Order entered. May 21th, 1813. To take effect June Ist, 1813. NAMES CHANGED BY COURTS. 945 Edward H. Cobum, Jr., to Edvrard H. Cockbum, Jr. Order entered May 21th, 1813. To take effect June 1st, 1813. Emma J. Coburn to Emma J. Cockburn. Order entered May 21th, 1813. To take effect June Ist, 1813. Robert A. Ooburn to Robert A. Cockbum. Order entered May 21th, 1813. To take effect June let, 1813. Ada Elizabeth Cobum to Ada Elizabeth Cockburn. Order entered May 21th, 1813. To take effect June Ist, 1813. Amy P. Coburn to Amy P. Cockburn, Order entered May 21th, 1813. To take effect June 1st, 1813. Walter J. Cobum to Walter J. Cockburn. Order entered May 21th, 1813. To take effect June 1st, 1813. Annie Irene Callahan to Annie Irene Temple. Order entered July Ist, 1813. To take effect August 1st, 1813. ; Adolph Schitter to Adolph Schiller. Order entered August 22nd,' 1813. To take effect September 21st, 1813. Eatrina Schitter to Katrina Schiller. Order entered August 22nd, 1813. To take effect September 21st, 1813. Louis Schitter to Louis Schiller. Order entered August 22nd, 1813. To take effect September 21st, 1813. Charles Adolph Rindskopf to Charles Adolph Risdorf. Order entered November 14th, 1813. To take effect December 25th, 1818. Adolph Morris Gtotosky to Adolph Morris Morris.^ Order entered November 14th, 1813. To take effect December 15th, 1813. David Wilkowski to David Witmark. Order entered November 14th, 1813. To take effect December 15th, 1813. In attestation whereof I have hereunto subscribed my name and affixed the seal of the said Court of Common Pleas the 31st day of December, 1813. [l. 8.] NATH'L JARVIS, Jr., Clevk* Indorsed : " Piled January 2, 1814." DiEDRICH WiLLSRB, Jr., Secretary of State. 946 NAMES CHANGED BY COUET& Stat£ of Nkw York, ) . County of Kings, /**•• Pursuant to the statute in such case made and provided, I, George 6. Herman, ckrk of the county of Kings, do hereby certify that the fol- lowing changes of names were made by the courts of this county, during the year one thousand eight hundred and seventy-three, viz. : The Rector, Church Wardens anc^ Vestrymen of Zion Church in the City of Brooklyn, County of Kings, and State of New York, to The Rector, Church Wardens and Vestrymen of Saint Barnabus Church in the City of Brooklyn, County of Kings, and State of New York. To take eifect from and after May 24, 1813. , Elsie Ann Morris to Elsie Ann Murray. To take effect from and after June 16, 1813. Rector, Church Wardens and Vestrymen of Guion Church in the City of Brooklyn, to Rector, Church Wardens and Vestrymen of St George Church in the City of Brooklyn. To take effect from and after October 8, 1813. Lars Anders Mortensen to Lars Anders Morton. To take effect from and after November 25, 1813. Charlotte Sidney Hickok to Charlotte Sidney Thomas. To take effect from and after February 1, 1814 GEORGE G. HERMAN, Clerk. In testimony whereof, I have hereunto set my hand and affixed the seal of said county, this thirty-first day of December, one thousand eight hundred and seventy three. [l. 8.] GEORGE G. HERMAN, Olerk* Indorsed : " Filed January 1, 1814." DiBDRICH WiLLERS, Jr., Secretary of State, INDEX'. Ads of 1813 (not piMisTied in Session Laws of 1873). PAGKr New York city, department of buildiugs, payment of employees, Prefatory paging^ r Abbottf Frank. Appropriation for 888 Academies* Apjiaratus, text-books, etc., appropriation for • ••• 608 Friendship Academy, bonds oftown of Friendship, in aid of, act amended. 613 Friends Academy, election and proceedings of trustees of, confirmed 621 Maintenance of, appropriations for • 608, 609 Teachers' classes in, appropriation for «••... 609 Acknowledgments* Clerks of snnogates' courts, may take certain..... 602 AdJiitant^Oenerdl* Bureau of Military Statistics, appropriation for. 609 Postage and stationenr for office of, appropriation for..... 602 Rank of, Military Code amended 481 Rifle practice, promotion of. 823 Soldiersof 1812, payments to certain 464 Uniforms, purchase of, by, appropriation for.. ........•..•.• 890 (See, also, *' ICational Qaanb") Administration of Estates of Deceased Persons. Property to be sei ai»rt to widows or minor children ..•.......•• 612 Administrators. (See "Ezecntorf and Adminiattaton/') Agent for Issue and Tranter of State Stocky Neto York City. Comi)en8ation of, appropriation for 600 Agricultural cmd Horticultural Societies, County Societies, donations for 609 Iroquois Agricultural Society, trustees, election of 480 State Soci^y, appropriation ibr •• .....•...« 608 Agricultural Museum* (See " State Qeologleal Hall.") Akron. '^lage charter amended.. «..« <..««r«. •«•••«#•«««. »•#•«..««.. llO 948 INDEX. Albany CUy. Albany County Savings Bank, charter 235 AflsesBments, real estate sold for, mortgagee may redeem 468 Assessments, real estate sold for non-payment of, redemption of. 467 Banks, payment of loan by, to Commissioners of Canal Fund 512 Charter amended, real estate sold for assessments 764 Conunon council, authorized to borrow money and issue bonds. 130 Congress Hall, brick wall between, and New Capitol 400 Drains or sewers, ordinances and contracts relating to, legalized 180 Exchange street, common coimdl may close part of. 467 Fire Department, act to reorganize amended 766 Lumber district, iron bridge over canal in, construction of, appropriation for, 612 New Capitol, appropriation for 399 New Capitol, building superintendent for, appointment of. 400 Real estate, taking of, for drains or sewers, provided for 180 State Normal School, appropriation for 507 Washington Park, acts in relation to, amended 113 (See, also, ** Albany County.") Albany County. Board of Supervisors authorized to issue bonds 4 Cohoes, city charter amended , 373 Green Island, village charter amended 765 Guilderland, Evangelical Lutheran Church of St. James, conveyance of real estate b^ 707 Tanner, William R:, official acts as notary public legalized 460 Troy, bridge to, time to construct, extended 164 Troy, Lansingburgh and Cohoes Bridge Company, charter amended 314 United States, jurisdiction over lands in, ceded to 552 Watervliet, act for improving highways in, amended 3 Watervliet, bridge over Erie canal, in 512 West Troy, aqu^uct or culvert for outlet to waters of Dry River 5J[3 (See, also, "Albany aty.") Albany County Penitentiary, Imprisonment of convicts from other counties in 229 Albany County 8amng8 Bank, Charter of. 236 Albany Bhening Journal, Appropriation for 396 Albion. New village hall, voters may raise money to complete 153 Aldrichf Abram S. Appropriation for /., 386 Aniens and Alienage. Buerkel, Elizabeth, lands in village of Lyons, released to 176 Durring, Charles, lands of Sophia Durrin^ and Louis Durring, dect^ised, released to 467 Errington, Jane, lands in Dunkirk, released to 177 Hansen, Oscar and Mathilde, lands of George H. Hansen, deceased, released to 349 Kirkland, Adaline, lands of John Kirkland, deceased, released to 354 May take as heirs in certain cases, act of 1846 amended • 317 INDEX. 949 Page. IkGlbum, John George, admission of, as attorney, authorized 6 Pftoss, Maria, lands in New York city, released to 107 Beilly, Mary Ann, deceased, heirs of, lauds in Erie county, released to 522 ffliaw, John, lands of Joseph Shaw, deceased, released to 296 Smith, Ann and others, lands released to 14 Spark, Agnes and Robert McKay, ]ands in Genesee county, released to 478 Waters, John and Catharine, lands in Augusta, released to 497 Willis, liucelia, lauds of Hugh Gruikshant and another, released to 322 Yoang, Esther, lands in town of Chazy, released to 177 ( See also "Escbeats." ) Allegany County. Amity^ railroad bonds, payment of. • 561 Friendship, appropriation for books for : 397 Friendship, bonds of, in aid of Friendship Academy, act relating to, amended 613 Hume, payment of bonds before maturity 471 , Morse, Sidney P., official acts, as justice, confirmed 20 AUen^ John Q, Appropriation for 382 American Society for Prevention of CrueUy^to Animals. Powers of officers, agents or members of. 12 Amity f Town of. Railroad bonds, payment of. 561 Ameterdam. Amsterdam Street Railroad, fare upon, and weight of rails 481 Debts of, -payment of, and issue of bonds 16 Old burial grounds, removal of bodies from, and sale of grounds 277 Amsterdam Street Bailroad. Pare upon, and weight of rails 481 Andes. Special town meeting in, sale of railroad stock of. •. 600 Anglo-Mexican Railway Company. Charter amended 717 Animals. Cruelty to 12 Societies for improvement of domestic, incorporation of. 348 Appraisers. (See Canal *' Appraisers. '*) Appropriation Act. Act for the support of Gk)vemnient 498 Appropriations^ Appropriation act, annual • 498 Awards by Canal Appraisers and Canal Board, appropriations for 605 Canal appropriation acts 12, 233, 355, 492, 511, 605 Canal debt, payment of. \ • 233 New York and Canada Railroad, re^ppropriation for 197 Peconic River, improvement of navigation of 532 Soldiers of 1812 464 Supply bill, for deficiencies, etc • 379 90O INDEX. ArbitratioTL Page. Of commercial disputes, in Chamber of Commerce 396 Argus Company, Appropriations for 395 Argyle. Safford, John G., acts of as Justice of the Peaoe, legalized 913 Armories and Arsenals. Auburn, completion of, appropriation for 390 Brooklyn, supervisors may award contract for building 358 New York City, armorjr for Seventh Regiment of National Guard 285 Repairs of, appropriation for ! 390 Rifle range at Creedmore, appropriation for 390 Syracuse, completion of drilUroom, appropriation for 390 Utica, completion of addition to, appropriation for. 390 Arnold^ TT. C and Company. Appropriation fbr , ^... ^ ^ 386 Amoib^ Stephen P. Appropriation for (canal claim) 516 Assembly. Chaplains of, appropriations for 319 Clerks, acting as clerks of committee on engrossed bills, salary of. 380 Clerk and short-hand reporter, upon investigation of New Capitol Com- mission, appropriation for 382 Contested seats, counsel fees and expenses in 388 Doorkeepers, messengers and pages, to serve entire session 381 Employees of, compensation for 380 Messengers, pages, eta, appropriation for 381 Superintendent of wrapping department, salary of, fixed 380 (See, also, Clerk of " ABsembly" and "Legislature.") Assess<^s. New York & Oswego Midland R R., taxation of property of. 353 Assig7iees of Insdvent Debtors. May make and file inventory and advertise for claims (act of 1860 amended), 824 Assignm&nts for benefit of Creditors, Refusal of assignor to make inventory, not to invalidate.. • 824 Association of the Alumni of Columbia College. Incorporation of lff\ Asylum, for Insane ConmtAs at Auburn. Appropriations for 398, 604 Maintenance and support, appropriation for ;. 604 Statutes relating to, revised and consolidated 586 Water supply of, appropriation for 504 Asylums. Buffalo State Asylum for the Insane, appropriation for 393 Buffalo State Asylum for the Insane, s^tutes relative to, i^vised 684 Cayuga Asylum for Destitute Children, charter amended 11 Comptroller may withhold unpaid balances of appropriations 402 Comptroller, visitation and examination of, by 402 INDEX. 951 Pagb. Hadson Biver State Hoepital for the Insane^ appropriations for 393, 504 Hudson River State Hospital for the Insane, statutes relative to, revised... 583 Insane, asylums for, statutes relating to, revised and consolidated 564 Insane oQnvicts at Auburn, appropriations for 398, 504 Insane convicts at Auburn, water supply for , 504 Le CJouteulx, St. Mary's Deaf and Dumb, Buffalo, appropriation for 393 New York State Asylum for Idiots, appropriations for • 392, 501 New York State Inebriate, at Binghamton, appropriations for 393, 506 Private Asylums for the Insane, licenses for 589 State Homoeopathic for Insane, commitment of pauper insane to 528 State Homoeopathic Asylum for Insane, Middletown, appropriationB for, 393, 599 State Homoeopathic for Insane, statutes relative to, revised 585 State Lunatic Asylum at Dtica, appropriations for 392, 504 State Lunatic, at Utica, statutes relative to, revised and consolidated 515 State Lunatic, for Insane Criminals, statutes relative to, revised 586 Thomas, for Orphan and Destitute Indian Children, appropriations for 394 Willard Asylum for Insane, appropriations for , 392, 50T Willard, for Insane at Ovid, statutes relative to, revised and consolidated... 581 i (See, also, " Orphan Asylanu.'*) Athens^ Toum cf. Union Free School District No. 1, may borrow money 21 Atlantic Ghiarantee and Trust Corrfpany, Time for organization extended 494 AUomey-Qenerol. Banks & Brothers, payment for books for office of. S9T Books, furniture, printing, etc., appropriations for 383, 499 Clerk and messenger in office, appropriation for 499 Connecticut, expenses of carrying on suits with State of, appropriation for.. 384 Costs to people, application and account of. 499 Counsel, designation of, in criminal cases 387 Counsel employed by, comx)ensation of. 499 Courtsof Oyer and Terminer, expenses of attending 499 Deputy, salary of, appropriation for 499 Expenses, costs, fees of sheriffs and witnesses, etc 499 Gould, "William & Sons, payment for books for office of \ 395 Little, "W. C. &Co., x>ayment for books for office of 396 Moneyed corporations other than Ixmks, etc, duties of, respecting 404 Postage and stationery for office, appropriation for 502 Salary of, appropriation for 499 Attorneys at Law. Milbum, John George, admission as, authorized i 6 Auburn. Assessment for paving street in, x)ayment for, by State 396 Asylum for Insane Convicts, appropriations for 398, 504 City taxes, time for collection in, extended 1, 4 Owasoo river, dam on, at.^ 939 Public Schools, act relating to, amended 114 State Lunatic Asylum for Insane Criminals, statutes relative to 586 Water street, grade of, in front of new armory • 713 Avbwm State Prison and Asylum. Acts in relation to, amended... .4 594 Auburn, assessment by city, payment of. « 889 952 INDEX. Paof. Boiler house, completion of, heating pipes, etc 398 Insane Convict Asylum, appropriations for 398, 504 Iron doors and casements 398 Library, Testaments and hymn books, appropriation for 398 Officers of, appointment of. 598 Stx)ne coping and iron railing for walls 398 Water, supply of, appropriation for 504 Wooden bunks in north wing, repladng of 898 Aitctioneera, Agent to examine accounts of, appropriation for 502 Atiditor of the Canal Departtnent. Clerk hire in office of. 355 Salary of, appropriation for 355, 401 Trials before Canal Board, counsel and witness fees in, payment of, by 401 Austin^ Mittofi 22. Appropriation for 385 A'oenuea and Streets in Cities and Villages, Albany, Exchange street, common council may close part of. 4ffl Auburn, Water street, grade of, in front of new armory 713 Brooklyn and Newtown, highway in, improvement of. 4($2 Brooklyn, Atlantic avenue, assessments for repairing 488 Brooklyn, avenue and concourse in continuation of highway from Prospect park towards Coney Island 781 Brooklyn, Coney Island plankroad, improvement of. 773 Brooklyn, Court street, improvement of, assessment for 776 Brooklyn, Division avenue, assessment for, confirmed 69 Brooklyn, First street and Franklin street, improvement of, act for, amended, 61 5 Brooklyn, Fourth street, improvement of. 197 Brooklyn, Grand street and extension, opening and improvement of. 902 Brooklyn, Park avenue, improvement of. , 774 Brooklyn, Sackett, Douglass and Degraw streets, improvement of. 795 Brooklyn, Taylor street, repaving of, assessment for 615 Flushing, powers of village trustees in respect to 275 Gravesend, Twenty. second avenue, laying out, opening and grading of. 332 Kings county, Gravesend avenue, opening and improvement of 319 Kings county. Ocean avenue, extension of, to Atlantic ocean 592 Long Island City, Front street, opening of. 348 Long Island City, Tenth street in, part of, closed 336 New Utrecht, laying out of Twenty-second avenue in 332 New York city. Bank street, paving of 470 New York dty, repaving stroets, assessments for, not to be set aside for irregularity or t^hnicality 367 New York city. Worth street, and parts of streets intersecting, improve- ment of. 326 Rockland county. Highland avenue, assessments oonfinned, act amended... 495 Saratoga Springs, Broadway, Ballston and Union avenues, widening, etc, of, 310 Saratoga Springs, laying out and improvement of, act for, amendea 309 Saratoga Springs, sprinkling of streets in 309 Watkins, opening, altering and discontinuing of. ; 376 (See, also, " Hlirtiways.") Avon^ Town of. Appropriation for, books for • 391 INDEX. 953 BdUatonSpa, Page. Water Works, completion of and payment of indebtedness 32 Bankivg Department. Books, furniture, binding, blanks, printing, etc., appropriation for 501 Department expenses, repayment of by banks 501 Deputy and clerks, appropriation for 501 Superintendent of, salary of 601 (See, also, '* Saperintendeat of.") Banks and Banking Associations. Albany banks, payment of loan by, to complete State dam at Troy 612 Banking Act of 1838, amended 141 Banking Department, repayment of expenses by 405, 501 Canal tolls, deposit of in 692 Barber^ Qeorge W. Acts as notary public confirmed 124 BarldWj Francis C, Appropriations for 889 Barnes, William. Appropriation for 383 Barton. Mullock, Coe, official acts as justice of the peace, legalized 688 Batama. New York State Institution for the Blind, appropriations for 394, 60T Tax for paymentof village debt, authorized 192 Batfi'On^he^Htidson. Village charter : 406 Baxter J Clinton L. Appropriation for 380 Baxter, WiUiam. Act for relief of, (steam canal boats) 866 Be(zch Pneiimatic Transit Company. Name changed to Broadway Underground Railway Comjjany 694 Powers of, enlarged.. 694 Beach, Ralph Jr. Official 'acts, as justices of the peace, legalized 628 Becktoith, &. M. Appropriation for 388 Benevolent and CharitaMe Societies. . Cayuga Asylum for Destitute Children 77 Evangelical Italian Orphan Asylum 200 Evangelical Lutheran St. John's Orphan Home 74T Hebrew Benevolent and Orphan Asylum, N. Y. city 302 Hebrew Benevolent Society, N. Y. city 282 Home for Christian Care 453 Home for the Friendless, Northern N. Y 631 House of Rest for Consumptives 916 61 954 INDEX. Page New York city, excise moneys may be applied to 910 New York city, Foundling Asylum of the Sisters of Charity 912 Samaritan Home for the Aged, N. Y. dty 1B4 Bennett^ John P. Acts as notary public confirmed 124 BiUJ)oardSj Bills and Notices.] Injury to, a misdemeanor 318 Bin^haynton, Bell tower, common council may erect, over Academy street 13 Bridges across Susquehanna river, act authorizing purchase of, amended 119 Chenango canal extension, guard lock on 516, 836 City charter amended 220, 221 Common council to purchase land for cemetery and public park 148 New York State Inebriate Asylum, appropriations for 893, 506 Ruloff reward, payment of, common council may provide for 14 Susquehanna Valley Home and Industrial School for Indigent Children 394 Birds. ' Game laws as to, amended 491, 586, 701 Shooting of, for human food 13 Societies for improvement of, incorporation of. 348 Blind. Institution for, in New York city, appropriation for 506 New York Institution for, additional x)ower as to property 218 New York State Institution for, at Batavia, appropriations foi: 394, 507 Boards of Eduoation. Athens, Union free school district may borrow money for school-house 21 Cohoes, powers of, enlarged, may appoint superintendent and clerk 373 Duties and powers of, under compulsory education act 534 Flushing, district number 5, may borrow money and issue bonds 78 Ithaca, board of education created 139 * New York city, to pay salaries of teachers and janitors of school district number 1, of late town of West Farms * 137 Ogdensburgh authorized to borrow money for school purposes 96 Ovid, union free school district number 1, may convey land 72 West Farms, district number 1, iudebtness of, a charge upon 1^ (See, also, ''Schools.") Boards of Excise. Act creating, in the several towns of the State 562 Westchester eounty, commissioners of. 430 (See, also, "Excise.") Boards of Health. (See " Health, Boards of.") Boards of Supervisors. (See " Sopervisors.") Bombay f Totofi of. Town house in, building of. 530 Botanist. Appropriation for 503 INDEX. 955 Bounties for killing Wolves and Panthers. Fagb. Appropriation for payment of. 388 Bounty Debt, Appropriation for interest, and sinking fund of 509 BresliUj PurceU & Co. Appropriation for 385 Brewer* s Improved Shute and Fishway. Construction of, in Mohawk river 921 Bribery. Proposed amendments to the Constitution, respecting 925, 935 Bridges. Binghamton, act authorizing purchase of, amended 119 Boards of supervisors may authorisse borrowing money for, act amended.... 816 Buffalo, bridge over city ship canal, construction of, act amended 627 Buffalo, Niagara River Transit Company, construction of bridge by 156 Clifton Park, may purchase bridge of Rexford Flats Bridge C9mpany 846 Coming, Cowanesque and Antrim railway, bridge over Chemung canal 456 Deeriield and Ri!issia, construction of, in 5 East Greenbush, bridge over Boston & Albany Railroad 914 Erwin, construction of, over Tioga river, in 626 Geneva, deficiency in moneys for, provided for 29 Glenville, town board may purchase bridge of Schenectady Bridge Co 343 Hudson Suspension Bridge and New England Railway Company, time for construction extended 131 Mohawk bridge, between Schenectady and Glenville, management of. 215 New York and Brooklyn, bridge between, charter amended 825 Ogdensburgh, construction of bridges at, authorized 286, 762 Olean, bri^e over Clean creek at Martin's mills 828 Onondaga creek, bridge on William Hill road, appropriation for 389 Schoharie Kill Bridge Company, relief of, toll gate and toll 208 Sheex>shead Bav, draw bridge over, building of. 592 Tonawanda village, Niagara Grand Island Bridge Company 758 Troy, Lansingburgh & Cohoes Bridge Company, charter amended 314 Troy, time for completion extended. 164 Broadway Underground Railway Company. Corporation created, no change of name • 694 Brockport. Normal and Training School at, appropriation for 507 Brooklyn. Armoiy in, for Thirteenth Regiment of National Guard, building for 358 Atlantic avenue, assessments for repairing 488 Avenue from Prospect park towards Coney Island, continuation of. 781 Brooklyn Cross-Town Railroad Company, extension of tracks, etc , 774 Brooklyn Elevated, Silent Safety Railway, charter of. 790 Brooklyn Guaranty and Indemnity Company, incorporation of. 619 Brooklvn Trust Company, reduction of capital stock authorized 76 Bushwick Railroad Company, extension of tracks 781 Cannon Street Baptist Church, New York city, authorized to sell lands in... 873 Charter amended 796 956 INDEX. Page. Coney Island plankroad, improvement of, act amended 173 Court street, improvement of, assessment for 116 Division avenue, assessment for improvement of, 69 Burring, Charles, lands in, released to 46T East Brooklyn Railroad Co., incorporation of and construction of railroad... 617 Elections in, act regulating amended ^ 893 Equity Gaslight Company, sale of gas regulated, etc 170 First street and Franklin street, improvement of, act for, amended 615 Fourth street, improvement of, act for 197 Growanus canal, collection of money expended and assessments confirmed.. 593 Grand street and extension of, opening and improvement of. 902 Gravesend avenue, opening and improvement of, act amended 319 Greenwood and Coney Island Railroad Company, extension of. 362 Highway in and in Newtown, improvement of, supplemental act for 462 Hospitals, tax for relief of certain, in 618 Long Island Loan and Trust Company, charter amended 822 Low lands, filling in of, act. relative to 640 Morel, Sarah E., lands in, released to 536 New York Bridge Company, charter amended 825 O'Carroll, Greorgianna, lands released to 123 Orphan Asylum,, societies in, act relative t-o, amended 811 Orr, Isaac, act for relief of, claim againfet New York ciiy , 697 Park avenue, improvement of, expenses for maps and surveys 774 Park avenue Railroad Company, exteniuon of tracks authorized 591 Sackett, Douglass and De Graw streets in, completion and improvement of, 795 Sewers, aasessments for 639 Taylor street, repaving of, assessment for 615 Teutonia Savings Bank, charter of. 886 Wallabout improvement 481 Brooklyn {JroM^Toton Railroad Company. Extension of tracks and use of tracks of other companies authorized 774 Brooldyn Daily Argua. Appropriation for 896 Brooklyn Elevated Silent Safety Raihoay, Charter of..... 790 Brooklyn Chiaranty and Inde^nnity Company. Incorporation of. 619 Brooklyn Trust Company. Reduction of capital authorized 76 Brooklyn, Winjield and Newtoum Railway Company. Completion of road, time for, extended 775 Broome Cotmty. Binghamton, city charter amended 220, 2S1 Binghamton, common council may erect bell tower 78 Binghamton, common council may borrow money for cemetery and park.... 148 Binghamton, New York State Inebriate Asylum, appropriations for... 393, 806 Binghamton, purchase of toll bridges, act authorizing amended 119 Binghamton, Ruloff reward, payment of, common council may pjovide for.. 74 Binghamton, Susquehanna Valley Home and Industrial School for Indigent children 394 Chenango canal extension, guard locks on • i 616, 836 f INDEX. 957 Pagk. Fishing laws, affecting, amended 102 Whitney's Point, taxes, time for collection of, extended 492 Broum, E. E. Appropriation for « SSI Buenaventura and Cauca Valley Railroad Company, Act of incorporation , 549 Buerkel^ Elizabeth. Lands of Henry Buerkel, deceased, released to 116 Buffalo. Austin Street road bridge, over Erie Canal, at 122, 618 Buffalo Bast Side Street Railway Company, construction of, road of. 299 Buffialo Safe Deposit Company, charter amended 886 Buffalo State Asylum for the Insane, appropriation for 393 Buffalo State Asylum for the Insane, statutes in relation to, consolidated.... 584 Buffalo Street Railroad Company, authorized to guarantee certain bonds 201 Charter amended ; 729, 110 Erie^Canal, protection of against lake encroachments, appropriation. 516 EvBngelical Lutheran St. John Orphan's Home, charter amended 74T Firemen's Benevolent Association, number of trustees of. 608 Grand Trunk Railway Company, Canada, may purchase real estate in 603 Hydrants, board of water commissioners to locate and establish 122 LeCouteulx, St. Mary's Institution for Deaf and Dumb, appropriations for 893, 601 Niagara Transit Company, incorporation .of 156 Normal and Training School, appropriation for 501 Park Commissioners, powers of. 913 Parks, grounds for, selection and location of, act amended 913 Police department, act establishing, amended 118, 145 Public buildings in, act relating to location and erection of, amended 319 Reilly, Mary Ann, deceased, heirs of, lands released to 522 Superior Court of, mer of, salary for 284 Sux)erior Court of, deputy clerks, appointment and salary of. 283 Superior Court of, jaages may appoint stenographic reporters 11 Swing bridee over city ship canal, construction of, act amended 621 Theile, Anthony, deceased, lands of, released 281 Water supply, bonds, for completion of system of. • 106 Buffalo and Hainburgh Turnpike Company. Act of incorporation repealed 106 Buffalo EaM Side Raihoay Company. In what streets may construct and ox>erate railroad 299 Buffalo Safe Deposit Company. Charter amended 886 Buffalo State Asylum for the Insane. Appropriation for : 393 Contracts for erection of buildings • 400 Statutes relative to, revised and consolidated 584 Superintending builder, appointment of. 400 Buffalo Street Railroad Company. Contracts with Bu&lo East Side Railway Company authorized 201 960 INDEX. ^ Paos. Weetem division, extraordinary repairs and doubling locks, appropriation^ 617 Western division, vertical w^lls, appropriation for 511 Whitehall, dredging and excavating basin at 51S Wood creek, improvement of channel of 513 Canal Debt. Appropriations for payment of. 233 ^Canal Department. (See " Auditor of Canal Department.") Canal Fund. Interest due, appropriation for 399 Tiansfer from, to general fund 401 Canals, Albany, iron bridge in Lumber Distrid;, construction of. - 512 Albany, suspension foot bridge at Lumber District, appropriation for 512 Appropriation acts 12, 283, 866, 492, 611, 005 ApprojAriation ibr payment of debt and for sinking fund, etc 283 Black Bock harbor, and channel leading thereto, excavation of. 517 Black Bock harbor, division bank, and >vork connected therewith 516 BuflBalo, bridge at Austin street, appropriation for 122, 518 Canal Appraisers, x>ayment of awards of, appropriation for 493, 005 Cayuga and Seneca canal, dred^ng, etc., appropriation for 615 Sayuga inlet, Ithaca, removing bars, etc., appropriation for 892 Certificates of deposit, pledged with Canal Board, interest on 616 Chenango canal, bridge at Clinton, appropriation for 614 Constitutional amendSnents respecting 9C-J1 Contracts, final settlement of, appropriation for pa3rment8 618 Eastern division, new work and extraordinary repairs upon 492, 612 Eastern division, ordinary repairs of. ; 356 Eastern division, vertical walls, approxniation for 612 East Frankfort, culvert and bridge at 612 Erie canal, appropriations for 611 Fort Miller, nshway in dam across Hudson river 613 Frankfort -soilage, cemetery hrid^ , , 612 Grates, bridge at Emerson street m, appropriations for 611, 835 German Flats, bridge at, appropriation for \ 614 Gtorman Flats, bridge at, completing approaches of 612 Olens Falls feeder, rebuilding of, appropriation for 612 IncidentaJ and miscellaneous expenses of, appropriation for 365 Jamesville reservoir, payment for work done on 614 Johnson, Miles, claim for £Eurm bridge, i)ayment of. 513 Lansingburgh, repairs of highway in 613 Medina, iron bridge over Oak On^hard creek at, appropriation for 617 Middle diviaon, change of plan of bridges, appropriation for 514 Middle division, maps of Cayuga and Seneca, Oswego and Brie ^ 516 Middle division, locks, increasing capacity of. , 513 Middle division, new work and extraordinary rej^airs, appropriation for ... 492 Middle division, ordinary repairs of. 366 Middle division, vertical walls, construction of, appropriation for 615 Moose river, dam at Old Brown Tract Forge 613 New work and extraordinary repairs, appropriation for 492 New work, power of Commissioners as to 618 Norwich, bridges at 614, 615 Ohio ^sin, dredging of, appropriation for. 617 Oneida river improvement, rebuilding locks, etc, on .-z..,.^ 615 INDEX. 059 Canal Claims, PAOB. Aniot, Stephen P., appropriation for 516 French, Edwin K., canal claini, appropriation for 515 Holbrooky Amariah, hearing of ; 213 Johnson, Miles, canal claim for farm bridge, appropriation for 513 Canal Collectors of ToUs, Salaries of, appropriation for 355 Canal Commissioners. Buffalo, construction of bridge at Austin street 122, 518 Cayuga and Seneca canal, work between Seneca Falls and Geneva 515 Cayuga inlet, removing bars and dredging channel, appropriation for 392 Champlain canal improvement, letting of work 512 Chemung canal, railway bridges over, authority of Commissioner as to 456 Chenango canal extension, guard-lock on, protection of 836 Contracts, final settlement of, appropriation for payments 518 Counsel and witness fees, appropriation in trials before ^.01 Cowasselon swamp, ditches in 296 Deposit of securities by persons proposing to enter into contracts 519 Erie canal, middle division, iron bridge superstructures 514 Erie canal, vertical walls, between * lower Mohawk aqueduct and Port Schuyler 51i Expenditures restricted 356 Fay, John D,, late Commissioner, compensation for final report 401 Fort Miller, fishway in dam at 513 Frankfort village-, cemetery bridge at 512 French, Edwin BL, canal claim, examination of. 516 Gates, bridge at Emerson street in 5n, 836 Glens Falls feeder, rebuilding of, letting of contract ,.. 512 Hotehkiss bridge, improvement of. 517 Jamesville, new road across valley of Butternut creek , 515 Johnson, Miles, canal claim 513 Medina, iron bridge over Oak Orchard creek at 611 Middle division, locks, increase of capacity of 513 Middle division, Syracuse level, raising banks and deepening level 518 Moose river, dam across, at old Brown Tract Forge 514 I^ew work and extraordinary repairs upon cauals 492 Kew work, authority of commissioners as to, defined 518 Ofden, construction of roads in 517 Ohio basin, dredging of 511 Oneida river improvement, rebuilding locks on 516 Owasoo outlet, rebuilding upper dam on 514 Port Byron, new channel in Owasco feeder 513 Rochester, Inridge at GkK>dnian street, construction of 518, 835 Rochester, bridge over Erie canal, in, connecting Averill and Munger streets 511 Rochester, culvert under Genesee Valley canal 518 Salaries, traveling expenses and clerk hire for 365, 401 Skaneateles, Grenesee street bridge over outlet, repairs of. 516 Syracuse, construction of bridge at Salina street (Erie canal) 484 Svracuse, construction of bridge at Salina street (Oswego canal) ..; 486 l\>nawanda, new lock at, location of. 511 Utica, iron foot bridge over Erie canal 515, 891 Vertical wall»on middle division, construction of 515 96a INDEX, Carthage. Lands in, released to Lucelia Willis 323 CatskiU Horse Railroad Company/. Charter of. .' 1&9 CatakiUy Town of. CatskiU Horse Railroad Company, charter of 199 Taxes in, time for collection of, extended 106 Catskilly Village of. Convicts, labor of upon streets 668 Cattaravgiis County. Iroquois Agricultural Society 480 Glean, bridge over Clean creek, tax for, electors to vote on..? 823 Glean, vote of town meeting of, legalized 819 Cayuga and Seneca CanuL Cayuga inlet, improvement of 392 Dredging between Seneca Falls and Geneva, appropriation for 515 French, Edwin H., appropriation for dredging 515 Geneva, dredging of harbor at, payment for 516 Maps, completion of, appropriation for ,.... 515 Cayuga County. Auburn, public schools in, act relating to, amended..... 114 Auburn, State Lunatic Asylum for Insane Criminals, statutes relative to.... 686 Auburn, time for collecting taxes in, extended 1 Auburn, Water street, grade of 713 Cayuga Asylum for Destitute Children, charter amended 11 Clyde and Seneca rivers, fisheries in, protection of. 601 Commissioners of highways in, not to act as inspectors of plank roads and turnpikes '. 271 Friends Academy, election and proceedings of trustees of, confirmed 521 Ledyard, Aurora road district, overseer of, to be appointed 181 Ledyard, road districts eighteen and nineteen, consolidation of. 181 Gwasco lake, stone dam at, appropriation to pay for labor inrepairing 514 Owasco outlet, rebuilding upper dam at, appropriation for 614 Gwasco river, dam on, at Auburn 938 Port Byron, Gwasco feeder for Erie canal, new channel in 613 Quail, killing in, prohibited 636 School commissioners' districts, number of, reduced 103 Weedsport, village charter amended , 124 (Seo, also, ** Anbarn State Prison.") Cayuga Indians. Annuities, appropriation for payment of. 508 Cayiiga Inlet. Appropriation, for removing bars, etc 392 Cemeteries. Bay Side Cemetery Association, Potsdam, may purchase and convey lands... 163 Binghamton, common council authorized to borrow money for.. 148 Cary Cemetery Association, authorized to purchase additional lands 469 Chaari Zedek Cemetery Association, incorporation of. 521 Dix, removal of bodies to Moreland cemetery 118 INDEX. 963 Page. Elmira, may purchase lands for, and issue bonds 92 Evergreen Cemetery Association, trustees of, authorized to remove remains, 111 Herkimer village, trustees of cemetery in, may be elected 344 Kennedy Cemetery Association, conveyance of lands to 123 Leicester, act authorising the purchase of additional land, amended 91 Levant Cemetery Association, conveyance of lands to 123 Maple Grove Cemetery Association, supervisor of Kiantone may convey lands to 150 Moreland cemetery, removaKof bodies to ^ 115 Boyalton Mountain Ridge Cemetery Association 481 Rural Cemetery Associations, general act for incorporation of, amended .... 291 United German and French Roman Catholic Cemetery Association of Bufialo, 219 CeTisus Returns {United States.) Deficiency for binding, appropriation for 384 Centefinial Exhibition. Commissioners, to represent the State at 940 Central Trust Company of New York, Charter amended, and time to complete organization extended 361 Chaari Zedek Congregation, Incorporation of. 521 Chamber of Commerce, New York City. Legal x)ower8of, how to be exercised 336 Champlahi Canal, Cohoes, locks at, rebuilding of • • 12 Fort Miller, fishway in dam, at 513 Glens Falls feeder, rebuilding of • 512 Holbrook Amariah, relief of (canal claim) 213 Hudson river, reservoirs at head waters of, surveys for 512 Improvement of, appropriation for 511 Johnson, Miles, claim for farm bridge, payment of, appropriation for. 513 Whitehall, dredging and excavating basin at 512 Change of Names. Corporations, changes by, act authorizing, amended 93 (See» also, " Names Changed.' ) Cha'plains. (See " Clergymen.") Charities. (See '* State Board of Charities.") Charlotte. 'PeTTYf established at 633 Police justice of, ofiicial acts legalized 603 Chautauqua Couftty. Dunkirk, board of trustees may purchase " armory property " for hall 223 Dunkirk, lands released to Jane Errington Ill Dunkirk, salaries of officers of 11 Dunkirk, trustees authorized to issue bonds 223 Dunkirk, village charter amended, trustees may fill vacancy in office 314 Fredonia Normal School, appropriations for 394, 601 Jamestown, laying of water pipes in certain streets of, tax for 521 964 INDEX. Page. Maple Grove Cemetery ABSodation, supervisor of Kiantone may convey lands to 150 Poland, Kennedy Cemetery Association, supervisor may convey lands to.,. 123 Poland, Levant Cemetery Association, supervisor may convey lands to 123 Wellman, Philander H., official acts as justice confirmed 281 Chautavqita Lake, Removal of obstructions from 392 Chazy^ Tovm of, , Young, Esther, lands in, released to.... ITI Chemung County, Elmira Female College, appropriation for 609 Elmira, may purchase lands for cemetery and issue bonds 92 Elmira, time for collection of taxes extended 118 Elmira, widening of Lake street 626 Fishing laws, as to, amended 30 Horseheads, village charter amended : 281 State Reformatory, Elmira, appropriation for 393 Chervango Canal, Binghamton, guard-locks on extension, protection of 516, 836 Clinton, bridge at, appropriation for , 514 Norwich, removing bridge at, appropriation for 514 Norwich, swing bridge at. South Main street, appropriation for 615 Norwich, swing bridge on East Main street, payment of balance 614 Sollsville, swing bridge over, at, appropriation for 515 CJienango County, Commissioners of highways in, not to act as inspectors of plank roads and turnpikes 271 Greene, village tax for fire purposes authorized ^^5 Norwich, canal bridge at, payment of balance for construction of. 514 Norwich, swing bridge over Chenango canal, construction of. 515 Norwich, village charter amended 350 Pharsalia, supervisors to levy tax upon, for bounty to Charles D. Greer 4T9 Pitcher, supervisor may collect moneys for interest on railroad bonds 419 Chesterfield^ Town of. Excepted from operation of general plankroad law 461 Children, Apprenticing of, by managers of Home for Friendless in Northern N. York, 631 E^mentary education of, act to secure to 532 Letting or hiring of, for vagrant employment, a misdemeanor 132 Children's FcM of Neto York City, Orphans, adopting of, into femilies, power of conferred 696 Churches, (See *' Kelifcioii8 Si»cioCiea.") Cicero, Lands in, released to Adaline Eirkland 354 Cities, Albany, charter amended, sale of real estate for assessments. • 164 Albany, common council may borrow money and issue bonds 190 Albany, drains or sewers, oidinances and contracts relating to, legalized.... 180 INDEX. 966 Page. Albany, fire department, act to Teorganize, amended 166 Albany, Washington Park, acts in relation to, amended.. 118 Blnghamton, city charter amended ^0, 221 Biughamton, common council may borrow money for cemetery and X)ark.... 148 Binghamton, common council may erect bell tower IS Binghamton, Ruloff reward, payment of. 14 Binghamton, toll bridges, act authorizing purchase of, amended 119 Brooklyn, assessment for improving Division avenue - 69 Brooklyn, charter amended 696 Brooklyn, low lands, filling in of. ! , 640 Brooklyn, sewers, assessments for 639 Brooklyn, Wallabout improvement 481 Baflblo, charter amended 129, 110 Buffalo, police department, act establishing, amended 118, 146 Cohoes, city charter amended 313 Elmira, authorized to purchase lands for cemetery and issue bonds.....* 92 Elmira, Lake street, purchase of lands for widening of, authorized 626 Elmira, taxes in, time for collection extend^ 118 Long Island City, annual tax for redemption of loan 313 Long Island City, authorized to sell real estate 103 Long Island City, boundaries of certain wards 143 Long Island City, First ward, improvements in 421 Long Island City, mayor and common council may borrow money 312 Long Island City, Tenth street in, part of, closed 336 Mayors of, distribution of session laws to 14 Newburgh, charter amended 881 New York City, Board of Aldermen to exercise powers and perform duties of board of supervisors 360 New York dty, diarter amended 351, 104 New York city, department of public parks 351, 831 New York city, government of city and county consolidated 360, 361 New York city, government of, estimates and apportionment for support of 362 New York city, police department of 351 New York city, power of mayor to make appointments.... 351 New York city, revenue bonds, comptroller to issue 364 New York city, State taxes, payment of quota provided for 112 New York city, Tweuty-fourth ward, formerly West Farms, exempted from tax for street lamps 340 New York, local government, re-organization of, act amended 351, 104 New York, surveying and monumenting of x)ortions of. 831 Ogdensburgh, city charter amended 203 Oswego, common council authorized to borrow money and levy taxes 329 Oswego, lauds, authority to convey, given 118 Oswego, taxes in, time for collection extended 18 Police, personating members of, a misdeameanor 451 Poughkeepsie, bonds for payment of liabilities Ill Poughkeepsie, charter amended \ 641 Poughkeepsie, quality, supply and price of gas regulated 414 Bochester, bonds in aid of liake ^Ontario Shore Railroad Company, repeal of act authorizing 316 Rochester, charter amended 12, 135, 623, 914 Rochester, completion of school buildings in, tax for 119 Rochester, may issue bonds in aid of R(x;hesterand State Line Railway Co. 28 Rochester, public bnildiogs, location and erection of, act amended 128 Rome, charter amended 613, 638 Schenectady, police act establishing, amended • 891 966 INDEX. Pags. Troy, mortgage by, to Maria H. Hale, legalized 301 Utica, BoardB of Police and Fire CommiHsioners established 367 Utica, firemen of, act of incorporation, amended 68 Utica, may borrow money to pay debts -.- 2 Utica, salary of recorder 27 Utica, tax for fire apparatus 6 Yonkers, police station house in, erection of authorized 239 Citizens^ Samngs Bank of Hornellaville. Charter of. , .' 64 dtp CouH of Yonkers, Costs in, clerk's and jurors' fees 190 Jurisdiction of, defined 189 Claims against thje State, Barred by lapse of time, proposed Constitutional amendment 932 Clarkf Lewis H, Appropriations for ; 380, 381 Clergymen, Chaplains of Legislature, appropriations for 379 Clerk of the Assembly, Clerk's Manual, revising, mailing, etc., appropriation for 379 Extra clerical services, appropriation for 379 Journals, bills and documents, indexing of, appropriation for 380 (Sec, also, " ABsembly.") Clei'k of the Commission of Appeals, Assistant clerk and messenger, compensation for 499 Office expenses, appropriations 499 Postage and stationery for office, appropriation for 502 Salary of, appropriation for 499 Clerk of the Court of Appeals. Clerks in office of, salaries, appropriation for 499 Deputy, salary of, appropriation for 498 Furniture, books, printing and other expenses, appropriation for 499 Messenger, appropriation for 498 Postage and stationery for office of, appropriation for 502 Salary, appropriation for 498 Salary, payable monthly 384 Clerk of the Senate, Extra clerical services and engrossing, appropriation for 379 Journals, bills and documents, indexing of, appropriation for 380 (Seo,.al8o, "Sonate.") Clerks to Surrogates* Courts, Powers of, enlarged, may take acknowledgments, etc , 002 Clifton Park, Bonds, auditing board of, may issue 347 Bexford Flats Bridge Company, purchase of bridge of, by 346 Clinton County, Chateaugay river, improvement of hydraulic power of • 716 Commissioners of highways in, not to act as inspectors of plank roads and turnpikes •...., , 277 INDEX. 967 Paob. O'Brine, Thomas, relief of, land damage claim 182 PlattsbiiTgh and Peru, joint school district number 9, of, conveyance by trus- tees legalized Ill Plattsbargh, free union school district number 1, issue of bond% 118 Plattsbargh, village charter amended 204 Plattsburgh, water-works, board of commissioners of. 204 Road from near.Chazy lake to Chateaugay lake, construction of. 105 Western Plankroad Company's roads in, tolls 522 Young, Esther, lands in town of Chazy, released t>o Ill Clinton State Prison. Acts in relation to, amended 694 Grates for windows, fire engine and hose, appropriations for 398 Iron manufacturing department, superintendent of, 398, 399 Library, testaments and hymn books, appropriation for 398 McGowan, James, appropriation for ; 399 Officers of, appointment of. 598 Plankroads, appropriation for 398 Thorn & Watson, balance due for ore sold, appropriation for 399 Williams, Andrew, settlement with 399 Clyde. High school district, trustees of, may issue bonds 24 Cobumy Ada Elizabeth. Name changed to Ada Elizabeth Cockbum 945 Ccburn^ Amy F. Name changed to Amy P. Cockbum 945 Coburn, Edward H. « Name changed to Edward H. Cockburn 944 CoburUy Edward fl"., Jr. Name changed to Edward H. Cockburn, Jr 945 '" Cobum^ Emma J. Name changed to Emma J. Cockbum 945 CobxirUy Martha A. Name changed to Martha A Cockbum 944 J Ccfmrii^ Martha A., Jr. Name changed to Martha A. Cockburn, Jr 944 Cobum^ Robert A. Name changed to Robert A. Cockbum • 945 Cobum^^ Walter J. Name changed to Walter J. Cockburn 945 Code of Procedure. Appeals, to Court of Apx)eals, right to, restricted 318 Cohoes. City charter amended 313 Holbrook, Amariah, relief of, for canal work at 213 Locks, rebuilding of, on Champlain canal at « 12 Tax, additional amount for use of schools • 314 Tioy, Lansingburgh and Cohoes Bridge Company, charter amended 314 « 968 INDEX. Coin. Page. Purchase of, to pay interest on general fund debt, appropriation for 384 * Collectors of Taxes, Extension of time to collect taxes by 3 Extension of time to collect taxes, renewal of bonds by 3 Geneva, collector of town of, acts legalized 30 New York and Oswego Midland J^ilroad Company, taxation of, duties of certain, respecting 353 Poughkeepsie, town of, collector to publish times and places of receiving taxes 350 (See, also, " Taxes.*') College Land Scrip Fund. Appropriation to Cornell University 509 Colleges, Seminaries and Universities, Columbia College, Association of the Alumni, incorporated 701 Cornell University, appropriation for 509 Elmira Female College, appropriation for .' 509 Hobart College, charter amended 21 Union Theological Seminary, charter amended 535 CoUoUj Toum of. Foster, Aikins, acts of, as justice of the peace, legalized 521 Columbia College^ Association of Alumni, Incorporation of 107 Columbia County. Fishing laws amended as to 105, 701 Jurisdiction over lands in, ceded to United States 551 Kinderhook, act to borrow money and erect public hall in, amended 121 ELinderhook, new school-house in district No. 2 279 Names changed in, by courts 943 Queechy Lake, protection of fish in 105 Colvinf Verplank, Appropriation for 393 Commission of Appeals, Clerk of, salary of, appropriation for g 499 Criers and attendants, compensation of 384, 499 Library for use of, appropriation for 396 Salary of commissioners, appropriation for 498 Commissioner in Lunacg. (See"Lniiaoy.*') Commissioners of Deeds, Bead, John Meredith, Jr., official acts confirmed 24 Waterford, act for apx>ointment of, amended 117 Commissioners of Excise, Election of, in the towns of the State 562 New York city, salaries of. 910 Westchester county, appointment of 430 Commissioners of Fisheries. (See " Fisheries, Oommissiouers oC") • INDEX. 96^ Commissioners of Highways. pkgie. Fine, official acte of, confirmed 100 Flatbushy sidewalks and crosswalks, powers and duties of, respecting 544 Ledyard, to appoint overseer of Aurora road district 18T Long Island City, opening of Front street by 848 Middletown, to improve roads in .' 742 Mohawk turnpike, repairing of :, 211 New Lots, to borrow money in aid of tire department....: 119 Non-resident taxes, payment of, to 505 Onondaga Indian reservation, jurisdiction of, over 160 Plank, and turnpike roads, not to act as inspectors of, in certain counties... 21T Beads and bridges, borrowing money fbr 316 Russia, construction of bridge at the Ledge 5 State bridge on Indian reservation, repairing of, appropriation for 389 (See, also, *' Highways.") Commissioners of Pilots. Appropriation for exi)ense8of. 506 Commissioners of Publie Charities^ Staie. (See " state Commiflflioners of Pablie GhoritieB.") Commissioners of Quarantine. (See '* Quarantine.'*) Commissioners of the Land Office. Dunkirk, bonds of village of, acceptance of, authorized 224 Hall of the State Cabinet of Natural History, supervision of.. 383 Old State Hall, supervision of. :.. 383 Onondaga salt springs reservation, sale of leased brine salt lots authorized, 218 Commissioners to confer with State of New Jersey. Appropriation for 392 Commissioners to renise the Statutes. Salaries and expenses, appropriation for 506 Time for oompJetion of work, and term of office extended 232 Common Softool Fund. Appropriations from 508 Increase of capital of 509 Common Schools. (See, also, "Boards of Bdacation" and "Schools.") Blementary education, act to secure to children the benefits of (oompulscny education act) 532 Maintenance of, appropriation for '. 508, 509 State tax of IJ mills for .-. 529 Comptroller. Asylums and reformatories, erection of, buildings, etc, plans and estimates for, approval of. 402 Asylums and reformatories, report as to 402 Books, furniture, binding, printing, blanks, etc., for office of. 500 Chateaugay lake, road to, approval of map of, etc 105 Christie Gabriel, payment to descendants of. 386 Clerks in office of, Claries, appropriation for 500 Clifton, boarding station at, expenditures for, approval of. 391 Clinton Prison, improvements in manufacturing department 899 County treasurers, Comptroller may require further bonds of, R. S. amended, 694 Depu^, salary of, appropriation for 600 62 j/70 INDEX. * Pagb. Failure of land titles, repay menta for 505 Hajnilton county, non-resident highway taxes, appropriation of. 685 Lands, expenses of, appropriations for 506 Land^, .expenses of notice to occupants of, bid in at tax sales 384 Iiegislatore, contingent expenses, advances for 503 Manhattan Company, books and stationery for transfer office 505 Messenger, compensation of, appropriation for 500 Non-resident, road taxes, payment of, to commissioners 505 Non-resident tcvxes, advances to County treasurers, appropriation for 505 Postage and stationery for office of, appropriation for 502 Printing bills to be audited by, before payment 401 Railroad companies, assessments upon, collection of. 501 Redemption of lands sold for taxes, repayments to purchasers 505 Repayment of moneys paid into treasury by mistake 505, 509 Repayment of taxes erroneously paid, appropriation for 505 Resales of lands, repayment of moneys paid upon redemptions 508 Resales of lands, refunding surplus moneys upon 508 Safe for office, appropriation for 384 Salary, appropriation for 500 Saratoga Monument Association, to act as treasurer of 398 Saratoga Monument, plans and estimate of cost, approval of. 398 Second deputy , salary of, appropriation for 500 State Homoeopathic Asylum for Insane, salaries, approval of. 393 State Reformatory, at Elmira, changes of plans, approval of.., 393 State tax, assessment of, mandamus to compel 465 Wasson, John G., payment to widow and heirs of. 384 CompulsoTy Education^ Act to secure benefits of elementary education 532 Concurrent Resohitiona. Auburn, dam on Owasco river in 939 Canal tolls, toll sheet of 1813, adopted 939 Centennial exhibition, commissioners to represent State at 940 Constitution, amendments prox)osed to 925-936 Hell Gate, removal of obstructions at 938 Inflation of currency, message of the Governor relative to 937 Lunatics, act relative to, etc., copies of, to be distributed by Secretary of State, 942 New York city, department of docks, surveys and soundings of water front, 941 Congress HcM^ Albany. Brick wall, erection of, between and New Capitol 400 Constables, Cortland county, preservation of fish in, duties under act for 455 Duties of, as to convicts sentenced to penitentiary 230 Lunatics, duties of, respecting 565 ConstUvtional Amendments. Attempt to bribe an officer, a felony 936 Bribe, acceptance of, by officer, a felony 935 Bribery of voters 925 Canals 931 Claims against the State, barred by lapse of time 932 Credit or money, of county, city, town or village, not to be given or loaned, 938 Credit or money of the State, not to be loaned. 933 Executive powers 929-931 Legislature 926-929 INDEX. 971 Pagb. Lieutenant Gtovernor 929-981 Officdal coimption 985, 936 Official oath 984 Pablic officers, compensation of. 988 Saving Banks '. 982 Sinking funds 981 State appropriations 988 Submission of, to electors, provisions for 449 Suffrage, right of. 925 Convicts. Commutation of time for good conduct in prison. 598 Escaped convicts, to serve out time ! 598 Greene county, sentencing of, in 558 Penitentiaries, officers to transport to 230 Removal from prisons, when authorized 598 Sheriffs, compensation of, for transporting, appropriation for 884 Co-operative Iron Founders^ Association, Act for relief of, amended 887 Cooper, John A, Appropriation for 885 Cornell University. Appropriations for 509 Coming^ CoTJcanes^fue and Antrim Raikoay Campany. Bridges over Chemung canal, provisions for erection * 456 Extension of railway, acquisition of land for 456 Coroners, Fees of, act regulating, amended.. 124 Surgeons, employment of, authorized 124 Corporations, Akron, village charter amended 119 Albany, city charter amended 164 Albany County Savings Bank charter 235 Amsterdam street railroad, fare ux)on, and weight of rails 481 Anglo-Mexican Railway Company, charter amended Ill As^xdation of the Alumni of Columbia College, incorporation of. 101 Atlantic Guarantee and Trust Company, time lor organization extended .... 494 Ausable River Plank Road Company, authorized to lay rails upon road 102 Banking Act of 1888, amended 141 Bath-on-the-Hudson, village charter 405 Bay Side Cemetery Association, town of Potsdam 163 Biiighamton, dty charter amended 220, 221 Boston and Albany railroad, bridge in East Greenbush 914 Brooklyn, city chaxter amended 696 Brooklyn, Cross Town Railroad Comi)any, extension of tracks 114 Brooklyn, Elevated, Silent, Safety Railway, charter of. 190 Brooklyn, Equity Gaslight Company, sale of gas by, regulated ^...... 110 Brooklyn, Guarantee and Indemnity Company, incorporation of. 619 Brooklyn Trust Comx)any, redaction of capital stock 16 Brooklyn, Winfield and Newtown Railway, completion of. 116 Buenaventura and Cauca Valley Railroad Company, incorporation of. 549 Buffisklo and Hamburgh Turnpike Company, charter repealed 106 Bufl&ilo, charter amended 129, 110 * 97a INDEX. Page. BuflEalo, East Side Railway Company, powers of 299 Buffalo, 8afe Deposit Company, charter amended 886 BufD&lo Street Railroad Company, may guarantee certain bonds 2<)1 Bushwick Railroad Company, extension of tracks of 181 Butter and Cheese Exchange, charter of. 100 Camp CTOunds, corporations may be formed to secure 25 Canandaigua, Palmyra and Ontario Railway Company 85 Cary Cemetery Association, additional lands, purcnase of. 459 Catskill Horse Railroad Company, charter of 199 Cayuga Asylum for destitute children, charter amended 11 Central Trust Company, charter amended 361 Chaari Zedek Cemetery Association, incorporation of. 621 Chaari Zedek Congregation, incorporation of. 521 Chamber of Commerce, N. Y. city, arbitration of commercial disputes, by.. 336 Change of name of, act authorizing amended 93 City Savings Bank, New York city 112 Cohoes, city charter amended 313 Cotton Exchange Trust Company, incorporation of. 451 Congregation Chaari Zedek, and congregation Bikur Cholim Ukadisha, con- solidation of 521 Congregation Anshi Chesed, and Temple Adas Jeshurun, consolidated 99 Co-operative Iron Founders' Association, act for relief of, amended 831 Coming, Cowanesque and Antrim Railrc^ Company 456 Dry Dock Savings Institution, New York city, change of location 182 Dunkirk, village charter amended, trustees may fill vacancies in office 314 East Brooklyn Railroad Company, incorporation of. 611 Edgewater, village charter amenaed 365 Edwin Forest Home, power to take, hold and convey real estate 330 Eighth Avenue Railroad Company, extension of route, operation of road... 616 ElTenville Grlass Works, may issue bonds and execute trust mortgage ^ 98 Evangelical Italian Orphan Asylum, charter of. * 200 Evangelical Lutheran Ministerium, incorporation of. Ill Evangelican Lutheran, St. John Orphan's Home in Buffalo 141 Fairport, village charter amended 155 Farmers' and Mechanics' Savings Bank of Palmyra, charter of G88 Fire Insurance Companies, incorporation of, ^en^ral act amended 450 Foundling Asylum of the Sisters of Charity, in New York dty 912 Friends Academy, trustees of, election and proceedings of, confirmed 521 Gas Comi)anie8, to prevent extortion by, in New York and Kings county... 213 Genesee and Water Street Railroad Company, may extend track 308 Geneva, village charter amended ^ 813 Geneva and Southwestern Railway Company, title to land, how acquired... 311 Gilbert Elevated Railway Company, time to complete railway extended... 331 Glendale and East River Railroad Company, weight of rails 614 Gloversville and Kingsboro Street Railroad 80 Gloversville and Northville Railroad Company 80 Gloversville, water commissioners of, incorporation of 855 Grand Trunk Railway Company, authorized to purchase real estate 603 Grange, New York State, and Subordinate Granges, incorporation of. 115 Granges, qpunty or district, incorporation of. Ill Green Island, village charter amended 165 Greenwood and Coney Island Railroad Company 362 Hamilton, village charter amended 11 Harlem Safe Deposit Company, charter of. 811 Harlem, Second Presbyterian Church of. 152 Haverstraw, village of 196 INDEX. 973 Page. Hebrew Benevolent and Orphan Asylum, of City of New York, relief of... 302 Hebrew Benevolent Society of the dty of New York, charter amended 282 Herkimer and Middleport Stone Road, charter of 158 Herkimer and Mohawk Street Bailroad Company, charter of 181 Home for Christiain Care, incorporation of. 453 Home for the Friendless in Northern New York, incorporation of 63T Hornellsville, Citizens' Saving Bank at, charter of 64 Horseheads, village charter amended 231 Hotels, general act for incorporation of 16T House of Rest for Consumptives, real estate of, exempted from taxation... 915 Hudson Suspension Bridge and New England Railway Company 13 Industrial Exhibition Company, charter amended 340 International Exchange and Agency Company of New York 172 International Trust Comi)any of New York , 712 Iroquois Agricultural Society, annual meeting and election of trustees 480 Ithaca, Board of Education declared a corporation 139 Jamaica and Brooklyn PlankrOad Company, increase of capital stock 134 Johnstown, Gloversville & Kingsboro Railroad Co., weight of rails, etc.... 308 Johnstown, village charter amended 883 Jordan, village of, may borrow money for steam fire engine 105 Kings county. Commissioners of Charities 127 Kingston Savings Bank, charter of. 288 Lake Ontario Shore Railroad Company 375 Lanfflngburgh & Troy Steam Railroad, fare on, regulated 479 Lansingburgh, village charter amended 7 Le Roy, village charter amended 193 Lewiston Water- Works Company, incorporation of 860 Little Falls, village charter amended « 164 Loan and trust companies, relative to 403 Long Island City authorized to sell real estate 103 Long Island Loan and Trust Company, charter amended 822 Mamaroneck and Rye Neck Fure Department, charter amended 867 Manhattan Mortgage Company, charter of. 820 Manufacturing, mining, mechanical and chemical, act amended 174 Maritime Association of the Port of New York, charter of. 184 McCoy fund, act incorporating : 29 Medina Farmers and Mechanics' Savings Bank, charter of. 108 Medina, village charter of. 34 Merchants' Loan Company, charter of 812 Metropolitan Drawing-room Car Co., may contract with railroad companies. 653 Metropolitan Safe Deposit Company, charter of. 287 Mohawk and Ilion Horse Railroad Company 351 Moneyed corporations, assessment of, by Banking Dei)artment 405 Moneyed corporations, dex)osit of securities in Banking Department 404 Moneyed corporations, examination of, by Banking Department 408 Moneyed corporations, other than banks, etc. , act relative to 403 Monticello and White Lake Turnpike Company, charter amended 188 Mortgage foreclosure, railroads sold under 547 Mount Vernon, corporate x)ower8 of village, act relative to, amended 844 Mutual Trust Institution, N. Y. city, time for organization extended 183 Nassau Drawing-room Car Company, act for relief of. 563 National Travelers' Insurance Company, charter amended 102 Newburgh, city charter amended , 881 Newtown Savings Bank, charter of. 686 Newtown Young Men's Christian Association, release of lands to 460 New York and Albany Railroad, completion of, time for, extended > 638 New York and Canada Bridge and Tunnel Company, charter amended 739 • 974: INDEX. AGE. New York and Canada Railroad, oonBtruction of, a(^t to facilitate 197 New York and Highland Suspension Bridge Railway Company 561 New York and Oswego Midland Railroad Company, taxation of. 353 New York and South Side Railroad Company of Long Island 365 New York Bridge Company, charter amended 825 New York City, Churdi of the Heavenly Rest, incorporation of, confirmed, 151 New York Coal Exchange, chart.er amended 486 New York Eye Infirmary, charter amended 490 New York Floating Dry Dock Company, charter amended 463 New York, Harlem and Hartford Railroad Company 412 New York Institution for the Blind, additional powers as to property 218 New York Real Estate Trust Company, charter amended 591 New York State Grange of the Patrons of Husbandry, incorporation of .... 116 Niagara City, name changed and charter amended 841 Niagara Grand Island Bndge Company, incorporation of 158 Niagara River Transit Company, incorporation of. 156 North Shore Railroad Company, completion of road, time extended 416 Norwich, village charter amended 850 Ogdensburgh, city charter amended 203 Oneida Horse Railroad Company, act of incorporation 411 Oneida, village charter amended 194 Oneonta Manufacturing Company, authorized to issue preferred stock 113 Oneonta, village charter amended 819 Oneonta Water-works Company, incorporation of 852 Orinoco Navigation Company, charter of 214 Oswego Falls, village charter amended 816 Park Avenue Railroad Company, extension of tracks authorized 591 Patrons of Husbandry, incorporation of Granges ; 116 Peekskill Manufacturing Company, act for relief of 138 Pennsylvania and Sodus Bay Railroad, branch authorized 295 Phoenix, village charter amended 292 Plankroad Railroad Company, time for completion of, extended 134 Plattsburgh, village charter amended 204 Port Richmond, village charter amended 82, 610 Potsdam, village charter amended 122 Poughkeepsie, charter amended 641 Poughkeepsie Railroad Company, incorporation of. 866 Poultry, societies for improvement of 348 Railroad from Bath ferry to Douw's Point, organization of company 698 Railroads, extending corporate existence of, general act amended 294 Railroads, sold under mortgage foreclosure, reorganization of. 541 Religious societies, two or more may consolidate 82 RochBst.er and State Line Railroad Company 28 Rochester, city charter amended 12,135,623, 914 Rome, dty charter amended 613, 638 Rochester, Homellsville and Pine Creek Railroad Comi)any 901 Rochester, Nunda and Pennsylvania Railroad Comx>any 301 Rome Street Railroad Company, act of incorporation 559 Rosendale Savings Bank, incorporation of. 628 Royalton Mountain Ridge Cemetery Ajssociation 481 Saff Harbor Wharf Company, act to incorporate, amended 351 Salem, village charter amended 481 Samaritan Home for the A.ged, New York city, lease of land to 154 Saratoga Springs, village charter amended 311 Saugerties fire department, charter 161 Schoharie Kill Bridge Company, relief of. 208 JSchobarie Valley Stock Gfrpwers' Associfttion, charter amended 293 INDEX. 976 Paob. Seneca County Savingg Bknk of Waterloo, charter of. 224 Seneca Falls, village charter 241 Sixpenny Savings Bank of New York City, change of name 112 Social and recreative, general act amended 31 Societies for improvement of poultry, birds, domestic animals and fish cul- ture, act for incorporation of. 348 Society of the Church of the Puritans 162 South American Trading ComjMiny, charter of. 489 South Side Railroad of Long Island 866 Spencerjwrt, charter amended 13 State Council of Order of United American Mechanics v.., 126 St. John's Savings Bank of Fordham, New York city, charter of. 109 Summerville and Charlotte Ferry Company, charter of 633 Sunday School Union of Methodist Episcopal Church, charter amended 186 Suspension Bridge, village of. 847 Teutonia Savings Bank, charter of. 886 Town insurance companies, formation of, act for, amended 161 Tract Society of the Methodist Episcopal Church, charter amended 234 Troy and West Troy Bridge, time for completion of bridge, extended 164 Troy, Lansingburgh and (>>hoes Bridge Company 314 Union League Club, of city of New York, act of incorporation amended 535 Union Theological Seminary, charter amended 535 Union Village and Johnsonville Railroad Company, acts of, legalized 302 United German and French Roman Catholic Cemetery Association, Bufialo, 219 United States Loan and Security Company, act to incorporatoris of, supplying other States with, appropriations for. 605 State reporter, salary of, appropriation for 383, 498 INDEX. 977 Page. City Court of Yonkers, act relating to amended 189 County Courts and Courts of Sessions, may summon additional petit juors. 15 Court of Sessions, lunatics, x)ower to compel committees to support 567 Duty of, in sentencing persons convicted of offenses, less than felony 230 General Sessions in, N. Y. city, clerk of, may apx)oint deputy, etc 104 Marine Court of City of New York, jurisdiction and practice 131 New York city, Criminal Courts in, interpreter's salaiy 161 New York city, Police Court and Police justice of sixth police district, 218, 434 Superior Court, Bu&lo, crier of, salary of 284 Superior Court, BufEalo, deputy and special deputy clerk 283 Superior Court, Buffalo, judges authorized to employ stenographers 11 Courts of Oyer and Terminer. Persons under indictment for arson, murder, or highway robbery, inquiry into sanity of. : 668 Plea of insanity, when interposed, court may order commission to examine accdsed .' 610 Cranston^ Aleocander B. C. Jamaica, lands in, released to , 496 Crier and Attendants of Court and Commission of Appeals. Compensation for 384, 499 CHmes and Misdemeanors. Bill boards, bills or notices, marking, altering, etc., of. 318 Children, apprenticing or hiring of, for vagrant employments 132 Constitutional amendments, proposed, affecting crime 926, 936, 936 False intelligence, with intent to affect price of public funds, etc 669 Forged letters or certificates, obtaining employment uxx>n 16 Forgery of name to letters, etc., to affect price of stocks, funds, etc 669 Indictment for, person appearing to be insane, investigation by county judge 668, 669 Insane persons, discharge of, from county poor-house 610 Insanity, as a defense, when to be pleaded 610 Insanity, acquittal upon ground of, jury to render special verdict 610 Medicine or surgery, practice of, without diploma or license 651 Plea of insanity, when interposed, court may appoint commission to examine accused '. 610 Police in cities, personating members of. 451 Rifle ranges, trespassing upon property of. 431 Sidewalk and shade trees, along highway, injury to Ill Criminal Actions. Counsel fees in, a county charge 381 Presiding judge, to certify fees of counsel in 381 Criminals. (See " Crimee and Misdemeanors.") CrostoelTs and Clerk's Mantuds, Appropriation for 603 Croton Aqueduct, Neio York City. Construction and completion of, time for, extended 609 Curator of State Cabinet of Natural History. (dee '* Stoto Cabiout of Katoral Hifltoxy.") 978 INDEX. Dannemora. Pagb. O^Brine, Thomas, relief of, land damage claim 182 DaviSy Theodore. Belief of, steam canal boats 866 Dayton^ Edmund J. Appropriation for 381 Deaf and Ihinib. Deaf mutes, care and education of 307 Institution for Improved Instruction of, New York dty 394^ 506 Le Couteulx yt. Mary's Institution for Deaf Mutes, appropriations tor, 398, 501 Mexico Independent, appropriation for, supplying to 506 New York Institution for Instruction of, appropriation for 506 Debtors, Assignments by, act of 1860 amended 824 Deer. (See "Game Laws.") Deerfield. Highway in, tb West Canada creek, construction of. 6 Delaware County. Andes, special town meeting in, sale of railroad stock of. 600 Denton^ Nehemiah. Certain lands of, sale of, authorized 91 Department of Public Instruction. Books, furniture, printing, binding, blanks, etc 500 Clerks in office of, salaries, appropriation for 500 Delinquent school districts, equitable allowances to, payment of 401 Deputy Sui)erintendent, salary of, appropriation for 500 Postage and stationery for, appropriation for 502 School registers, appropriation for printing 395 Superintendent of, salary, appropriation for 500 Traveling expenses, appropriation for 401 (See, also, " Superintendent of Pabllc Instrnotion.") Deptitp AUomey^General. Salary of. « 499 Deputy Clerk of the Court qf Appeals. Salary of. 498 Deputy Comptroller^ Salary of. • 600 Deputy Secretary of State. Salary of. 499 Deputy State Engineer and Surveyor. Salary of 500 Deputy Superintendent of Public Instruction. Salary of. 500 Deputy Superintendent of tJie Banking Department. Salary of 501 INDEX. 979 Deputy Superintendent of the Insurance Department, Page. Salary of. 501 Depvity Treasurer. Salary of. 600 Devendorfy £. Appropriation for 381 De Witt, Town of. Canal bridge at Thompson's Landing, lengthening span of 514 District Attorneys. Counsel, employment of, in important cases 387 Insane persons, oommitment of, by criminal process 567, 511 Insanity as a defense, when to be pleaded 570 Insanity, criminal proceedings against persons redbvered from 568, 569 Livingston county, may act as surrogate 76 Dix, Town of. ^ First Presbyterian Church in Catlin, trustees may remove bodies 175 DobbinSy David P. Relief of, steam canal boats 866 Docks f Whafoes and Piers. East Hampton, purchase of landing places in 351 New York Floating Dry Dock Company, charter amended 463 Sag Harbor Wharf Company, charter amended 351 Wallabout bay, building of dock in 482 Doheny, Mary. Failure of land title, repayment for, appropriation 385 Dominion of Canada. Grand Trunk Railway, may hold lands in Bufialo 603 . Insurance companies of , deposits of securities by 450 Doorkeepers of the Legislature. (See^LegiBlatnre.") Dotoer. In estate of idiot or lunatic, how disposed of on sale 574 Sale of real estate in satis&^on of, act amended 313 Doxtater, J. L. W. Appropriation for Oneida Indians, to be paid to 391 Drai7iage. New Rochelle, drainage of swamp lands in, act for, amended 636 White Plains, act repealed, in part 725 Dry Dock Sarnnga Institution of the City of Neio York. Change of location authorized 182 Dunkirk. Bonds, board of trustees authorized to issue 223 City Hall, trustees authorized to purchase " armory property " for 223 Errington, Jane, lands in, released to. 177 Salaries of officers of 71 Village charter amended, trustees may fill vacancies in office 374. 980 INDEX. Durrinfff CJiarlea. Page. Lands of Sophia Durring and Louis Dumng, deceased, released to 407 Dutchess County , Pishkill, lighting of streets and avenues in, act amended 523 Hudson River State Hospital for the Insane, appropriation fur 393, 504 Poughkeepsie, bonds, city authorized to issue TVl Poughkeepsie City Railroad Company, incorporation of. 866 Poughkeepsie, quality, supply and price of gas, regulated in 414 Poughkeepsie, high school in, to share in distribution of literature fund 484 Poughkeepsie, Hudson River State Hospital for the Insane, statutes rela- tive to * 583 Poughkeepsie, taxes, town collector to publish times and places of leceivizig, 350 East Brooklyn Railroad Company, Charter of 617 East Chester Creek. Improvement of 741 Eastern Division of Canals, (See " Canals.") East Greenbush. Bridge over Boston and Albany Railroad, company required to build 914 Railroad from Bath ferry to Douw's Point 898 Ea^t Hampton. Landing places, supervisor may purchase for town 351 Edffeioater, Village charter amended, office of iK>lioe justice abolished « 365 Education, Compulsory, to secure benefits of, to children 532 (See, also, "Boards of Education," and "Schools.") Edwards, Harry. Appropriation for 391 Edwin Forrest Home. Power to take, hold and convey real estate, given, and lands released to.... 330 EigMh Ave7vue Railroad Company, Extension of route required, and operation of road regulated 616 Elections and Election Laws. Brooklyn, regulation of elections in, act amended 8^ Constitutional amendments, qualifications of electors voting on 449 Constitutional amendments, submission of, to electors 449 Erie county, notice of election, publication of. 600 Greenburgn, election of town officers in, act providing for, amended 1S6 Hempstead, village of, trustees to act as inspectors 116 Inspectors of, duties under act submitting constitutional amendments 449 Long Island City, registers, insx)ectors and poll clerks 132 New York city and county, election and registry law applied to newly annexed wards 871 New York city and county, re-districting, registration, etc., election laws amended.. 871 % INDEX- 981 Elizcibdihtown. Pagb. Special highway district in, act creating, amended 611 EllenvUle Glass Works. Powers of, enlarged 98 ElUsburffh. Spicial town meeting, action legalized, in reference to town house 823 Blmira, City of. Cemetery, city authorized to purchase lands for, and to issue bonds 92 City taxes, time for collection of, extended 178 Lake street, purchase of land for widening of, near Lake street bridge 626 State Reformatory at, appropriation for 893 Taxee, time Ibv collection of, in, extended 4 Elmira Female College. Appropriation for 509 Ehnbezztemervb. By clerks, servants, officers, agents, etc., Reyiaed Statutes amended 228 Einployment. Obtaining upon forged letter or certificate, etc.,'a misdemeanor , 15 Engineers on State Canals. (See *' State Engineer.") Erie Canal. Albany, iron bridge in Lumber District, construction of. 512 Albany, suspension foot bridge at Lumber District 512 Bench walls, removal of, and substitution of slope walls 511 Black Rock harbor, division bank, completion of, appropriation for 516 Black Rock harbor, excavation of 511 Buffialo, bridge at Austin street 122, 518 Gowasselon swamp, ditches in, appropriation for 514 De Witt, farm bridge, at Thompson's Landing, lengthening span of. 514 Crates, construction of bridge at Emerson street, in 511, 836 German Flats, swing, hoist, or draw bridge at, construction of. 514 Jamesville, new road in vicinity of. 516 Jamesville reservoir, work done upon, appropriation for payment of. 514 Lockport, town of, aqueduct from State ditch to canal 511 Macedon lock, improvement of approach to 516 Medina, iron bridge over Oak Orchard creek 511 Middle division, iron bridge sui)erstructures 514 Middle division, locks, increase of capacity of, appropriation for 513 Middle division, maps, appropriation for completion of 516 Middle division, Syracuse level, raising weirs and banks, etc 513 Ogden, construction of road in, appropriation for 511 Owasco lake, stone dam at, appropriation for work done in repairing of..... 514 Owasco outlet, rebuilding upper dam on 514 Pittsford, bridge on Cartersville and Palmyra road, appropriation for.. 518 Port Byron, new channel in Owasco feeder 513 Rochester, canal bridge at GJoodman street 518, 835 Rochester, deepening of, from tow-path, change bridge to Genesee river aqueduct i 516 Rochester, road bridge, connecting Averill and Munger streets 511 Syracuse, bridge at {^lina street 484 983 INDEX. PiLOB. Syracuse, iron bridge at Catharine street 515 Tonawanda, Hotchkiss bridge, improvement of. 511 Tonawanda, new lock at, oonstruction of. 511 Tonawanda village, cTibs and vertical wall, completion of 518 Utica, iron foot bridge, appropriation for 515, 891 Western division, extraordinary repairs, completing and doubling of locks, 511 Western division, locks in. Heath's plan of tumble gates, insertion of. 516 Western division, protection against encroachments of Lake Erie 516 West Troy, water-way for dry river 513 Erie County. Akron, village charter amended 119 Black Bock harbor, excavation of, appropriation for 511 County clerk of, to sign records of deeds, etc, not signed by predecessors.. 458 Election notices, publication of, board of supervisors to designate news- X)apers for 600 Hamburgh, lands in, released to Gteorge Irensterter 202 Mechanics* lien law extended to 143 Public buildings, act in relation to location and erection of, amended 319 Reilly, Mary Ann, deceased, heirs of, lands in, released to 522 Sardinia, town hall in, building of 531 Seneca, Evangelical Lutheran St. John Orphan's Home 141 Thomas Asylum for orphan and destitute Indian children, appropriations for 394 Tonawanda, Hotchkiss bridge, improvement of. 511 Tonawanda, new lock at, on Erie canal, constniction of 511 Tonawanda, Niagara and Grand Island Bridge Co., construction of bridge by, 158 Willink, village of, may change name to Es^t Aurora 466 (See, also, "BtUEalo.") Erwin. Bridge over Tioga river, in « 626 Escheat Acta. Buerkel, Elizabeth, lands released to 116 Cranston, Alexander B. C, lands released to 496 Durring, Charles, lands released to 461 " Edwin Forrest Home," lands released to 330 Errington, Jane, lands released to Ill Hansen, Oscar and Mathilde, lands released to 349 Kirkland, Adaline, lands released to 354 McCracken, Samuel, lands released to 342 Minihan, Ellen, lands released to 456 Morel, Sarah K, lands released to 536 Newtown, Young Men's Christian Association, lands released to 461 O'Carroll, Georgianna, lands released to 123 Pauss, Maria, lands released to 101 Reilly, Mary Ann, deceased, heirs of, lands released to 522 Shaw, John, lands released to , 296 Smith, Ann and others, lands released to 14 'Spark, Agnes, and Robert McKay, lands released to 418 Thomas, John B., lands released to..- 862 Waters, John and Catharine, lands released to 491 Whaites, Sarah Ann, lands released to 21 Willis, Lucelia, lands released to : 322 Young, Esther, lands released to 116 (See, also, " Lands" and "Alienage.") INDEX. 983 Eaopus Creek, Fagb. Fi^, l^ken, if in oertain parts of, prohibited 494 Essex County. Chesterfield, general plankroad laws, town excepted from 451 CommisaionerB of highways in, not to act as insx)ectors of plankroads and turnpikes 211 Ck>auty poor house, improvement, etc. of, borrowing money and issuing bonds 626 Elizabethtown, special highway district in, act creating, amended 611 Ferry across Lake Ghamplain, from Port Marshall to Vermont 83 Port Henry, prevention of fires, powers of trustees 614 Split Rock, Lake ChampMn, jurisdiction over, ceded to United States 561 Evangelical Italian Orphan Asylum, Charter of 200 Evangelical Lutheran St, John Orphan^s Home, Buffalo, Charter amended, may maintain institution in town of Seneca 141 Excise Laws, Boards of excise, election of, in towns of the St^te 562 Excise moneys, how disposed of. 563, 910 Monticello, excise moneys and fines for intoxication, disposition of. 34 New York City, Commissioners of Excise, salaries of. 910 New York dty, excise moneys may be appropriated in aid of charities 910 Westchester county, intoxicating liquors, sale of, in 430 ExeciUive Department, Clerks and messengers in, compensation for 384, 498 Criminals, apprehension of, appropriation for 498 Fugitives from justice, apprehension of 498 Furniture, printing, stationery, telegraphing, etc 498 Gfovemor's house, appropriations for 383, 498 Gfovemor, salary of 498 Private secretary, salary of. 498 (See, al8o, " Governor.") Executive Mansion, Expenses of, appropriation for 498 Furniture and fixtures for, appropriation for 383 Executors and Administrators, • Final settlement of accounts, citation how served upon minors 118 Forrest, Edwin, deceased, executors may compromise with widow of 330 Inventory, exempt property, included in, but not appraised (R, 8. amended), 612 Sale of real estate by, for payment of debts and funeral expenses 323 Express Charges, Appropriation for transporting public documents 505 Fairport, Village charter amended ; 155 Farm BHdges, (See " Canal Bridges.") Farmers* and MecJt^jmics* Savings Bank, Medina, Charter of. 108 984 INDEX. Farmers* and MecJianica* Samnffa Bank of Palmyra. Charter of. v- «8S Fay^ John Z). Appropriation for 401 Felony. Forging name to letters, etc., with intent to affect price of stocks, etc 559 Insanity as a defense, when it must be plead 510 (See, also, " Crimes and ATisdomeanors.") Ferries. Charlotte, across Genesee river 633 Lake Champlain, from Port Marshall to Vermont 83 Lodi, across Seneca Lake, time for establishing 295 Seneca Lake, from North Hector to Starkey Landing, continued 212 Yonkers, across Hudson river 554 Fire Companies and DepaHTnents. Albany, Fire Department, act to reorganize, amended 766 Buffalo, Fireman's Benevolent Association, trustees of, act relating to 608 Greene, village may purchase fire apparatus 95 Hornellsville, village may purchase steam fire engine and apparatus 284 Jordan, village may purchase steam fire-engine and apparatus 105 Mamaroneck and Rye Neck Fire Department, charter amended 861 New Lots, fire department, increased facilities for 119 Oneida, village of, chief engineer of fire department, election of. 194 Saugerties, act of incorporation 161 Utica, boajd of police and fire commissioners established 361 Utica, common council may issue bonds for engine house 232 Utica, tax for apparatus authorized 6 Westchester, town of, tax for improvement of fire engine 483 Fire Insurance Companies, Dominion of Canada, companies in, dexx)sit of securities by 450 Fire insurance, general act amended 450 Guaranteed certificates to users of steam, acts amended 852 Safety funds, guarantee and special reserve, creation of. 208 Town Insurance Companies, act for formation amended 161 (£>ee, also, "Insnrance Companies.") Firemen^ 8 Benevolent Association of Buffalo. Trustees, act regulating number of, amended 608 FUh. Cayuga, Seneca, and other lakes, fishing regulated 30 Clyde river, taking of, in, regulated 601, 101 Commissioners of fisheries, appropriation for 392 Cortland county, protection of, in 455 Cross lake, taking of, in, regulated 601 Esopus creek, taking of, in certain parts of, prohibited 494 Pish culture, societies for improvement of. 348 Fishways, in State dams at Troy and Fort Miller 513 Lake George, taking of, in 101 Lake Saratoga, Onondaga and Oneida lakes, catching of, in, regulated 101 Mohawk river, fishway in, construction of. 921 Otsego lake, use of seines in 534 INDEX. 985 Page. Preservation of, in waters of Schuyler, Steuben, Chemung, Seneca, Yates, and Ontario, act amended ^ 30 Queechy lake, protection of, in 105 Seneca river, taking of, in, regulated 601 Speckled fjout, catching of, except with hook and line, prohibited 101 Tompkins and Tioga counties, preservation of speckled trout, in, amended 466 Wallkill river, protection of, in 283 Fish Culture, Societies for, incorporation of 348 Fisheries, Commis8io7iei^s of. Appropriation for 392 Mohawk river, to construct fishways in 921 FishkiU, Toum of. Lighting streets and avenues, act for, amended as to Fishkill Landing 523 Flatbush, Tovm of. Avenues and roads, improvement of, in, act amended 538 Highways in, act relative to 544 Town hall, erection of, in , 601 Flatlaitds. School district number 3, erection of school-house, etc 222 Flushing y Town of. Board of education, school district number 5, may borrow money 18 Broadway, grading and macadamizing of 161 Flushing, ViUage of. Streets, location, grades, etc., powers of trustees in re6X)ect to 215 Water, supplying village with, act providing for 121 Fordham, St. John's Saving Bank at, incorporated 109 Forgei'y. Forging name to letters, etc, with intent to affect price of stocks, et« 559 Fo^Test, Edvnn, deceased. Edwin Forrest Home, lands released to 330 Executors authorized to compromise with widow, for dower 330 Fort Miller. Fish way, construction of, in State dam at, appropriation for 513 Foster, Aihins. Official acts of, as justice of the peace, legalized *, 521 Foujidling Asylum, of Sisters of Charity in Neio York City. Charter amended 912 France, Republic of. Read, John Meredith, Jr., acts of, as oomndissioner at Paris, confirmed 24 Franklin County. Appropriation for 390 Bombay, building of town house in 530 Chateaugay river, improvement of, hydraulic power of. 916 Western Plai± Boad Comx)any's roads in, tolls 522 63 986 INDEX. Fredonia, Pagb. Normal school, appropriations for 394, 501 Free 8c7iool Fund, Appropriations from 501, 508 Free Schools. (See "Schools.") French, Edwin, H. Appropriation for, canal claim 515 Friends Academy. Trustees, election and proceedings of, confirmed 521 Friendship Academy. Aid of, by town, act amended 613 FHendship, Toton of. Aid for academy, act amended • 613 Appropriation for books for 391 Fidton County. Gloversville and Kingsboro Street Railroad, fare and weight of rails 80 Gloversville and Northville Railroad Company 80 Gloversville, water, act to supply with 855 Johnstown, Gloversville and Kingsboro Horse Railroad Company 308 Johnstown, village charter amended 883 Northville, police justice, election of, in village 81 Gkilen, Town of. Clyde High School distiict, may borrow money, etc., for schooUhouse 24 Game Laws. (See, also, "Fiah.") General act of 1811, amended 491, 524, 101 Moose, deer, etc,game law amended 491, 101 Quail, killing of, in certain counties 536 Wild duck, goose or brant, killing of. 491 Gardner, William H. Official acts, as notary, legalized 523 Garner, Elizabeth. Name changed to^ Elizabeth Simms "......... 943 Gas Companies. Brooklyn, Equity Gas Light Company, sale of gas by, regulated, etc 110 Inspector of Gas Meters, repayment of salary and expenses by 509 New York and Kings counties, extortion by, act to prevent 213 Poughkeepsie, price of gas regulated in 414 Ga^ Meters, Inspectors of- Salary and expenses, appropriation for 609 Salary and expenses, how paid 509 Gates, Toton of. Bridge over Erie canal in ; 611, 835 INDEX. 987 Ge7ie7'al Fund. Page. Appropriation for, from surplus revenues of canals 401 Coin, for paying interest and Indian annuities 384 Interest on State indebtedness, appropriation for 508 Genesee County, Batavia, New York State Institution for the Blind 394, 501 Bataria, tax for payment of village debt authorized 192 Fishing laws as to, amended 101 Le Roy, village charter amended 193 Oakfield, may wnvey lands to Cary Cem'^tery Association 459 Quail, killing of, prohibited in 536 Release of laud in, to Agnes Spark and Robert McKay 418 Qenesee and "Water Street Railroad^ Syracuse. Authority to extend track given ^ 308 Genesee Valley Canal. Mount Morris, bridge over Genesee river at 511 Rochester culvert, appropriation for 518 Towing path, bank on four and six mile levels, raising of. 516 Geneseo. State Normal and Training School at, appropriation for 501 Geneva. Highways and bridges, deficiency in moneys for, supplied 26 Hobart College, charter amended 21 Village charter amended, acts revised and consolidated 813 Geneva and Southwestern Railway Compaiiy. Title to lands for, when and how acquired 311 Geological Hall. ( See " State Geological Hall.*') German Flats, Town of. Bridge over Erie canal at, appropriation for..... 514 Gilbert Elevated Railway Company, Neto York City. Authorized to extend railways, and additional time for completion given... 331 GUmour Neil. Election of, as Superintendent of Public Instruction 931 Glendale and East Rivei* Railroad Coinpany. Weight of rails 614 Glens Falls Feeder. Rebuilding of, appropriation for 612 Gle7iville. Bonds, town board authorized to issue, to rebuild Mohawk bridge 216 Bridge of Schenectady Bridge Company, town board authorized to purchase, 343 Town fund, trustees of, may apply, to purchase cf bridge 343 Gloversville. Water, act to supply with 855 Goodicin, Erminda 0. Authorized to continue ferry 212 4 988 INDEX. Gctosky, Adolph Morris. Page. i Name changed to Adolph Morris Moms 845 Gcndd, William and Son, • Appropriation for 396 Qh. Appropriation for 386 Humphrey J Herbert. Name changed to Herbert Van Ness 943 Humphrey y Helen V. N. Name changed to Helen Van Ness 943 Humphrey, Lester. j Name changed to Lester Van Ness 943 Huntington. Action of town meeting as to reward, legalized 95 Huntington^ F, D. ^ Appropriation for .••• 390 Hutton, Ja/mes. Appropriation for 386 Idiots. State Asylum, appropriations for support of 392, 601 INDEX. 993 hidians. Page. Annuities^ payment of, in coin, appropriation for 384 Cayugas, annuities, appropriation for payment of. 608 Green, Susan, support of, at Willard Asylum 505 Indian schools, appropriation for 508 Jack, Mark, support of, at lunatic asylum 504 Oueidas, commission to examine claim of, appropriation for 391 Oneidas, expenses of, attending Session of Legislature, appropriation for... 391 Onondagas, agent of, compensation for 504 Onondagas, annuities, appropriations for pa3rment of. 391, 508 Onondagas, appropriation for relief of. 504 St. Regis, annuities, appropriation for payment of. 508 St. Regis, attorney of, compensation for 504 St. Regis, chiefs and clerks, election of, act authorizing, repealed 831 Senecas, annuities, appropriation for x)ayment of... 508 Senecas, attorney of, compensation for 50 Senecas, Iroquois Agricultural Society, act in relation to 480 Stockbridge, interest on debt created for, payment of.. 505 Thomas Asylum, Indian children, support of, in.... 394 Tonawanda Senecas, attorney of, compensation of 391, 504 . . JndtistHal Exhibition Company. Portions of charter repealed, and company authorized to issue bonds 340 Inebriate Aspltifn, (Seo " New York Slnte Inebriate AeyliiiD.") Ifiheritanae, Title by, record evidence of, how made 141 Insane a7id Insane Asylums. Acquittal on ground of insanity, if insanity continues, x)arty to be sent to asylum 568 Auburn, State Asylum for Insane Convicts, water for , 504 Auburn, State Asylum for Insane Criminals, appropriations fori 398 Buffalo State Asylum, completion of buildings, appropriation for 393 Buffalo State Asylum for the insane, statutes relative to, consolidated 584 Commission of lunacy, issue in 512 Commitment of insane to asylums 564 Commitment of insane by criminal process 567 Discharge of insane persons from county poor-house or asylum 510 Estates of insane persons, care and custody of 511-515 Hudson River State Hospital, erection of fourth block 393 Hudson River State Hospital, officers of, salaries, appropriation for 504 Hudson River State Hospital, statutes relating to 583 Indigent insane persons; not paupers, placing of, in asylum 566 Insane convict, transferred from penitentiary to asylum, for insane convicts, 569 Insanity as a defeti^ to certain crimes, when it must be plead 510 Maintenance of insane, duty of committee of 511 Medical Commissioners, appropriation for 506 Mortgage, lease, or sale of real estate of insane persons 511-515 Policemen at, appointment of. 511 Private asylums, licenses for 589 Recovery of insane persons confined in asylum, under indictment, or after acquittal, notice of 510 State Asylum for Insane Criminals, statutes relative to, consolidated 586 State Asylums, officers and attendants exempt from jury and militia service, 511 994 INDEX. Page. State Commissioner in Lunacy, duties of. 689 State Homoeopathic Asylum at Middletown, appropriations for 393, 599 State Homoeopathic Asyhim at Middletown, commitment of pauper insane to, 528 State Homoeopathic Asylum, statutes relative to, revised and consolidated, 585 State Lunatic Asylum at Utica, statutes relating to, revised ...• 515 Statutes relating to, revised and consolidated (Lunacy act.) 564 Willard Asylum for Insane, appropriations for 392, 507 Willard Asylum for Insane, statutes relating to, revised and consolidated... 581 (See, alao, "Lunatic Asylums.") Ifisane Asi/lumfor Co7ivicts, at Avbttrn. Books and periodicals, appropriation for 398 Ic« house, and city assessments, appropriations for 398 New wing, finishing of, heating apparatus, etc., appropriation for.... 398 Statutes relative to, revised and consolidated ' 588 Water, supply of, api)ropriation for 504 • Insane Pei'sons^ Real Estate of. Mortgage, lease or sale of '. 511, 515 InspectoT'OenerdL Postage and stationery, appropriation for 502 Rifle practice, duties under act to promote 323 InspecioT ^in-Chief of Steam Boilers, Monthly inspections, to be reported to 852 Inspector of Gas Metei's. Expenses and salary, appropriation for 509 Repayment of expenses and salary by gas companies 509 l7ispectoi's of Canal Boats. Appropriation for compensation of..,. 365 Inspectors of Elections, Constitutional amendments, duties of, under act for submitting 449 (Sec, also, *' Etootions and Election Laws.") Inspector's of State Prisons. Convicts, contractus for labor of. 696 Convicts, labor of, inspectors or other officers, not to employ 595 Convicts may earn deduction for good conduct 598 Convicts, removal of, from one prison to another 698 Instructors for prisons, employment of, by 696 O'Brine, Thomas, to examine claim of. 182 Officers of State jmsons, appointment of 598 Prison laws, amended , ; 594 Salaries and traveling expenses of, appropriation for 399, 604 Williams, Andrew, claim Of Statie against, adjustment of 399 (See, also, " Stat© Prisons.") Institution for Improved histniction of Deaf MtUes^ New York City. Instruction and support of pupils in, appropriation for.. 394, 606 l7istitiitio7i for the Blind (Neto York State), at Satavia. Appropriations for 394, BOT Institvtioji for the BUnd in New York. Instruction and support of pupils at, appropriation for 606 May hold additional property '. 278 INDEX. 995 Insurance Compariies. Page. Dominion of Canada, oomx)anie8 in, deposit of secnritieB by.. 450 Fire -Insurance CompanieB, guaranteed certificates to userH of isteam, by 852 , Fire insurance, safety funds, creation of. 208 Insurance department, refunding to tjeasury, certain expenses of. 600 National Travelers' Insurance Company, charter amended 102 Town insurance companies, formation of, act for, amended ^61 University Life Insurance Company, chai-ter of amended 693 (See, aUOf ** Insurance Dcpaitmeut," and ** Snpei'intendeut of Insurance. ") hisnrance Department. Books, printing, stationery, etc., appropriation for 501 Clerk hire, appropriation for 501 Department expenses, repayment of, by insurance companies 501 Deputy Superintendent, compensation of, appropriation for 501 Dominion of Canada, companies in, deposit of securities in 450 Fees and perquisites, to be paid into treasury 50J Superintendent, salary of, appropriation for 501 Ifitei'e&t on State Indebtedness, Bounty debt, payment of interest 509 Greneral fund debt, appropriations for interest......... 384, 508 Stockbridge Indian debt, appropriation for interest • 505 Interfiational Exchange and Agencftp Company of New York. Charter amended, name changed 112 Jriternational Trust Ccnnpany qf New York, When to organize, etc * 112 Inteipreter of CHtninal Courts^ N&to York City. Increase of salary, by supervisors, legalized '. 161 Intoxicating LiqtwrSj Sale of (See" Excise.'*) Irensterte7% George. Lands of Elizabeth Irensterter, released to 202 Iroquois Agrtcritttcral Society. Election of trustees for, etc 480 Islip. Oysters, planting and protection of, in Great South bay 13& Ithaca. Cayuga inlet, removing bars, etc, appropriation for 392 Charter amended 212 Gmded schools, established in 138 IveSf Clark P. Perry, from Port Marshall to Orwell, Vermont, franchise for 83 Jack, Mark. Appropriation ibr support of, at Lunatic Asylum » 604 Jamaica. Carpenter, Sally Ann, sale of lands to, legalisaed ; 188 Rai&oad, construction of, to Brooklyn, authorized..., 617 / 996 • INDEX. Jamaica and Brooklyn Plankroad Company. Page. Increase of capital authorized 134 • Jamestotony Village of. Water pipes, tax for laying of. 527 JamesmUe. Canal reservoir at, appropriation for payment for work done on 514 New road across valley of Butternut creek, construction of. 515 Jefferson County. Carthage, lands in, released to Lucelia Willis 322 ' EUisburgh, special town meeting, action of, legalized 823 Jeffersonmlle and Monticello Ttimpike Road. Assessment of highway labor upon, act for, amended 69 Johnson, Miles, Canal claim, farm bridge, appropriittion for payment of. 513 Johfistoion, Charter amended 883 Johnstoton, QloversviUe and Kingshoro Horse Railroad Company, Weight of rails, fare, etc 308 Joint Resclvtions, (See " CoDcniTcnt KeAolntlons.") Jones y Erasttis S,, deceased. Appropriation for legal representatives of. 380 JoneSy "William P, Appropriation for.,.' 382 Jordan, Village of. Authorized to borrow money for tire engine and fire apparatus 105 Judges of Court of Appeals. Salaries of, appropriation for 498 (See, nlso, " Coort of Appeals.") Judges of Courts of Record, Insane persons, commitment of, to an asylum 564 Jurors, County courts and courts of sessions may summon additional numb^ ..• 75 Lunatic Asylum, exemption of ofiicers as 517 New York city and county, act relative to, in, amended t 604 Wayne county, list of grand jurors legalized 211 Justices of the Peace, Beach, Ralph, jr., official acts of, legalized 528 Carpenter, Isaac, official acts of, legalized Ii8 Foster, Aikins, official acts of, legalized 521 Jurisdiction of, as to offenses under c-ompulsory education act 535 Mattice, John H., official acts of, legalized 150 Morse, Sidney P., official acts of, legalized 20 Mullock, Coe, official acts of, legalized 688 Penitentiaries, sentences to, by 230 Safford, John G., official acts of, legalized 913 INDEX. 997 PAGE. Town officers, appointment of, by 730 Wellman, Philander H., official acts of, legalized 281 (See, also, "Town Amlitore.") Jvsticea of the Supreme CouH, Appeals by lunatics from orders committing to asylum, proceedings thereon, 566 Insane persons, commitment of, to an asylum, by 564 Lunatic Asylum for Insane Criminals, removal of persons charged with crime, to 568 Salaries of, appropriation for 499 Juvenile Delinquerds^ Society for Reformation of. Appropriations for ' 394, 506 Kelsey^ RobeH S, Appropriations for 380, 381. Keyes, Charles L. Appropriation for 381 Kiantone, Totmi of. Supervisor may convey lands to Maple Grove Cemetery Association 160 Kielgasty Adolph, Appropriation for 386 Kinderhook, Town of. School District No. 2, purchase of site for, etc 279 Kinderhook, Village of. Public hall, act authorizing erection, amended , 121 Ki7igsbridge, Act to annex to New York city, amended 432 Kings County. Avenue and Concourse, from Prospect Park towards Coney Island 781 Birds, killine of, prohibited, except at certain seasons 701 Bonds, Board of Supervisors, authorized to borrow money for payment of.. 699 Brooklyn Elevated, Silent, Safety Railway, charter of. 790 Commissioners of Charities, act relating to, amended... 187 Coney Island plank road, improvement of, act amended 773 Countv clerk, sheriff and register, office hours of, fixed 726 East Brooklyn Railroad Company, incorporation of. 617 Flatbush, highways in 544 Flatbush, roads and avenues, improvement of, and closing old highways.., 538 Flatbush, town hall, erection of. 607 Flatlands, erection of school-house in District No. 3 222 Gardner, William H., acts of, as notary public, legalized 523 Gas companies in, act to prevent extortion by 213 Glendale and East River Railroad Company 614 Gravesend avenue, opening and improvement of, act for amended 319 Greenwood and Coney Island Railroad Company, extension of track 362 Names changed in, by courts 946 New Lots, tire dejiartment, increased facilities for 719 New Lots, Fulton avenue, opening and improvement of 720 New Utrecht and Gravesend, Eighty-sixth street in, laying out of. 909 New Utrecht and Gravesend, Twenty-second avenue, laying out, opening and grading of 332 New Utrecht, certain avenues and streets in, plan of grades 546 998 INDEX. Pagb. New Utrecht, Second avenue, termination, opening and grading of 775 New Utrecht, supervisor of, to pay moneys to grade Bay Kidge avenue 719 Ocean avenue, extension of, to Atlantic ocean 592 Penitentiary, maintenance^ of certain convicts in 300 Poor, support of, and commissioners of charities, act relating to, amended.. 127 Public olfices, when to be kept open 726 Town survey commissionei*s, maps and monuments by, preservatiou of..... 779 Kmgstoii Savings Bank, Charter of. 288 Kirklandy Adaline. Lands of John Kirkland, deceased, released to 354 Knight, Charles C, Appropriation for 388 Lakes, Canandaigua lake, preservation of fish in, act for, amended 30 Cayuga lake, preservation of fish in, act for, amended 30 Chateaugay lake, improvement of, as reservoirs for hydraulic purposes 917 Chautauqua lake removal of obstructions from, appropriation for 392 Cross lake, fisheries in, protection of 601 Honeoye lake, preservation of fish in, act for, amended 30 Lake Champlain, ferry from Port Marshall to Vermont 83 Lake George, fishing in, regulated 701 Oneida lake, fishing in, prohibited, except with hook and line 701 Onondaga lake, fishing in, prohibited, except with hook and line 701 Otsego lake, use of nets and seines in, for fishing, game law amended 524 Queechy lake, preservation of fish in 105 Rockland lake, fishing ir\, regulated 702 Saratoga lake, fishing in, game law amended 701 Seneca lake, ferry across at Lodi, time for establishing extended 295 Seneca lake, feiTy continued at North Hector 272 Seneca lake, preservation of fish in, act for, amended 80 Land Conimissioners. (Soo " Commissioners of the Land Office.") Land Office. Lieutenant-Governor and Speaker, compensation for 383, 5<)2 Public lands, assessments and expenses of, appropriation for... 502 (See, aIi$o, *' Lands.^') Lands, Albany, sold for assessments, mortgagee may redeem 468 Assessments and expenses of public lands 383 Augusta, release to John and Catharine Waters •. 497 Brooklyn, release to Charles Durring 467 Brooklyn, release to Georgianna O'Can-oll.. • 123 Brooklyn, release to Sarah E. Morel 536 Buffalo, release to Gertrude Theile 281 Chazy, release to Esther Young , 177 Cicero, release to Adaline Kirkland 354 Denton, Nehemiah, lands of, in New York city, sale authorized 91 Dunkirk, armory lot, sale of, to village 223 Dunkirk, release to Jane Errington 177 Expenses of lands, appropriation for 508 Failure of titles, repayments for 385, 506 INDEX. 999 Pace. Genesee county, release to Agnes Spark and Robert McKay 418 Jamaica, release to Alexander B. C. Cranston % 496 Jamaica, sale to Sally Ann Carpenter, confirmed 183 Lewiston, release to Samuel McCracken , 342 Livingston county, sale of lands of Daniel 0. Howell, deceased, legalized.. 908 Lyons, relea.se to Elizabeth Buerkel 116 Newtown, lands in, released to Young Men's Christian Association 460 New York city,release to Maria Pauss 101 New York city, release to Oscar und Mathilde Hansen 349 North Hempstead, release to Ann Smith and others 14 O'Brine, Thomas, claim for injury to 182 Oswego, city authorized to convey t 118 Redemption of, sold for taxes, repayments to pmvjhasers 505 Reilly, Mary Ann, deceased, release to heirs of 522 Resales, refunding surplus moneys upon 508 Resales, i-epay ment of moneys paid upon redemption 508 Rochester, release to John B. Thomas 352 Rouse's Point, lands ceded to United States, payment for to Mary Robert- son and others 385 Shaw, John, release to 296 Summary proceedings to recover possession of 229, 612 Title by inheritance, record evidence of, how made 141 United States, jurisdiction over certain lands, ceded to 14,^ 551 Utica, release to Ellen Minihan 456 Whaites, Sarah Ann, release to 21 Lansiyighirgh, Highway, between Vail and Thomas streets, protection of, appropriation for, 513 LansingbuTj^h and Troy steam railroad, fare on regulated 419 Troy, Lansingburgh and Cohoes Biidge Company, charter amended 314 Village charter amended 1 Lamnngbtirgh and Troy Steam Railroad, Fare on regulated 419 Law Libraries. Judicial district libraries, appropriation for 385 Library of consultation room of Court of Appeals, appropriation for 384 State law library, appropriation for 384 Third judicial district, establishing library for, appropriation 384 Laioi'ence, Peter. Appropriation for , 382 Le Couteulx St. Mary^s histitiition f(yi* Deaf Mtetes, Buffalo, Appropriations for ^ .' : 393, 501 Ledyard, Town of. Aurora road district, overseers of, to be. appointed...... 181 Road districts eighteen and nineteen, consolidation of 181 Leffiftlative Manual. Appropriations for 395, 503 Legislature, Cartage of Senate and Assembly documents, ai)propriation for 380 Chaplains of, appropriations for 319 Constitutional amendments respecting 926, 929 Contingent exi)ense8, advances for, by Comptroller, appropriation for 603 . lOOO INDEX. Page. Counsel and stenograpbersofcommitteeB of investigation 382 CrosweU's and Clerk's Manua^l, appropriations for 503 Legislative Manual, appropriation for 503 Members, compensation and mileage, appropriation for 503 Postage and other contingent expenses 503 Printing, binding and engraving 383, 503 Transportation of documents, appropriation for 505 Witnesses, appropriation for, oomx)ensation of. 503 (See, also, ''Assembly '* and " Senate.") Leioest&i*, Totcn of. Cemetery in, act authorizing enlargement of, amended .....^ 91 State ditches in \ 291, 514 Le Roy. Village charter amended 193 Letois Couivby. Beach, Ralph, jr., acts of, as justice of the i)ea(*-e, legalized .' 528 Greig, division of, and erection of a new town 923 Lyonsdale, erection of new town of. 923 Mortgage, discharge o^ a certain, in, act for 354 Leioistoru Lands in, released to Samuel McCracken , 342 Water-works, charter of. 860 Lewi&ton Water- Works Company. Act to incorporate 860 Licefise Latcs^ Sale of Intoxicating Liquors. (See " Excise") Lieii Laios. (See "MechanicB* Liensi") Lietitefiant^Oovemor. Compensation and mileage as Commissioner of Land Office 383, 502 Poilrait of Abraham Lincoln, acceptance of....... 389 Life Ifisuranee Cofnpanies, (See " Insarance Companies.") Literature Fu?id. Itividends from, to academies *. « 508 Little Falls f Village of. Charter amended .*. 164 Little f W. C. a7id Co. Appropriation for 396 ^ Livifigston County. Avon, appropriation for books for ••^.. 397 District attorney, authorized to act. as surrogate '•6 Fishing laws, amended as to ^702 Geneseo, normal and training school at, appropriation for 501 Howell, Martha, purchase of real estate of David 0. Howell, deceased, legalized .\ 908 Leicester, cemetery, act authorizing enlargement of, in 97 INDEX. lOOl Page. Mount Morris, bridge over Genesee river at, appropriation for 611 Hpringwater, disused burial plots in, removal of remains from, authorized.. 171 Tkxes, time for collection of, extended 92 Loan and T^nist Cornpanies. Act prescribing powers and liabilities of. 403 Brooklyn Trust Company, reduction of capital stock 16 Central Trust Company of New York, charter amended 361 General acjt, prescribing powers, liabilities, etc 403 International Trust Company of N^w York 712 Long Island Loan and TVust Company, charter amended 822 Merchants' Loan Company, incorporation of. 812 Mutual Trust Institution, New York dty, organization, time for, extended. 183 Superintendent of Banking Department, reports to 403 United States Trust Company of New York, act to incorporate, amended... 864 Westchester County Trust Company, organization of, time for, extended.... 811 Loan Co7n7rm8ioners, Money erroneously paid into treasury by, repayment of, appropriation for. 509 Lockportj Toum of. Aqueduct from State ditch to Erie canal, appropriation for 511 Lockioood, Isaac. Appropriation for 381 Lombard, WiUium N., deceased. Appropriation for heirs of. 381 Lonff Island City. Annual tax, for redemption of city loan 312 Commissioners of streets, parks, etc., time for discharge of official duties, etc., extended 322 Election of registers and inspectors of elections 132 Front street in, opening of 348 Improvements in and adjoining first ward 421 Mayor and common council, authorized to sell real estate 103 Mayor and common council, may borrow money and issue bonds 312 Newtown, debts of, as apportioned, funding of. 826 Railroad, construction of, by Henry G. Sellick, jr., and others 214 Tenth street, closed and discontinued, in part 336 Wards, first, second, third and fourth, boundaries of, corrected 143 Long Islafid Loa7i and Tntst Cmnpany. Charter amended 822 Lmoe, Michael James. Name changed to James 5,Michael Lowe 944 Lunacy, Comrnissioner in. (See "Commissioner in Lnnocy.") Lunatic Asylums and Lunatics. Acquittal on ground of insanity, if insanity continues, party to be sent to asylum 668 Appeal by lunatic from order by county judge, etc., proceedings on 566 Buffalo State Asylum for Insane, statutes relative to, consolidated 684 Commission of Lunacy, issue in 512 Commitment of insane, by criminal process 661 Discharge from county poor-house or county asylum 510 64 100» INDEX. Pagb. Estates of insane persons, care of. 571, 515 Hudson River IState Hospital for Insane^ Poughkeepsie, statutes relating to, 583 Indigent insane persons^ not paupers, sending off to asylum 566 Insanity as a defense to certain crimes, when it must be plead 610 Insane convicts, trausfer from penitentiary to asylum for insane convicts 569 Jack Mark, support of, appropriation for 504 Jury and militia service, officers and attendants of asylums exempt from.. 511 Lunatic, not to be confined as disorderly i)eT8on 565 Maintenance of lunatics by relatives, and remedies to compel 566 Maintenance of the insane, duty of conmiitt^ of. 511 Medica] commissioners, appropriation for 506 Mortgage, lease or sale of real estate of insane x>6rsonB 511, 515 Policemen at, appointment of. 511 Private asylums, licenses for 589 Recovery of insane person confined in asylum under indictment oar after acquittal, notice of 510 State Asylum, appropriations for 392, 393, 504 8tate Asylum for Insane Convicts, statutes relative to, revised 586 State Asylum, officers, salaries of, appropriation for 604 State Homoeopathic Asylum for the Insane, statutes relative to, consolidated, 585 State Lunatic Asylum, statutes relating to, revised and consolidated 515 Willard Asylum for the Insane, statutes relating to, revised and consolidated, 581 (Soe, also, "Insane ") LyoUy De Witt C, Van Valkenburgh. Name changed to De Witt C. Van Valkenburgh 943 Lyoiis, Lands in, released to Elizabeth Buerkel 116 McCdllum^ H. S» Appropriation for 380 McCoy Fund, Incorporation of. 29 McCraeken, Samitel, Lands of Robert McCracken, deceased, released to 342 Macedon. Lock at, improvement of approach to, appropriation for 516 McOowan, James, Appropriation for }fM McKay y C. G. Appropriation for • \ 380 McKay ^ Robert, and Affiles Spark, Lands of John McKay, deceased, released to 418 McMahon, Joseph, Appropriation for • 391 McMaugJity A, J, Appropriation for 380 . Madden, E. M. Appropriation for 888 INDEX. 1003 Madison County. Paqb. Commissioners of highways in^ not to act as inspectors of plank roads and turnpikes 217 Hamilton, village charter amended 17 Xienox and Sullivan, State ditches in 296, 514 Oneida Horse Railroad Company, construction of railroad 417 Oneida, railroad commissioners, moneys in hands of, to be paid to village treasurer • 778 Sollsville, swing bridge on Chenango canal, appropriation for construction of, 515 Moffona^le, John Smith. Name changed to John Smith Magonagle Hill 944 Mdjo7'ity, Officers or persons authorized by law, majority may act 377 MaU Liquors, Manufacturers of. Butts, hogsheads, barrels, etc., used by, act of 1864, extended 722 Mama/ronsck and Rye Neck Fire Department. Charter amended 867 Manhattan Company, New York City. Books and stationery for transfer office, appropriation for 505 Manhattan Mortgage Company. Incorporation of. 820 Manufacturing, Mi7iing, MecJianicai and Chemical Companies. Act for incorporation of, amended , 174 IBUenville Glass Works, may issue bonds 98 Metropolitan Drawing Room Car Company 553 Nassau Drawing Room Car Company 563 Oneonta Manufacturing Company, may issue stock 173 Marine Court of the City of New York. Action pending in other courts of record, may be sent to 731 Judgment in, docketing of transcript 732 Justices of, may take acknowledgments, administer oaths, etc 732 Practice in, and jurisdiction of 731 Mariners' Family Industrial Society of the Port of New York. Appropriation for 395 Maritime Association of Port of Neto York. Act of incorporation 184 Mattice, John H. Acts as justice of the peace legalized .*. 150 Mayors of Cities. Distribution of Session Laws to 14 Oswego, conveyance of land by 718 (See, also, "CiUet.") Mechanics* Lien laws extended to Erie county 743 State Council of Order of United American, incorporation of 726 Subordinate Councils of Order of United American, incorporation of. 727 Mechanics' Lien Laws. Extended to Erie county 743 1004: INDEX. Medical Commisaioners. Page. Compensation of, appropriation for 506 Medical /Societies. Censors and presidents of, duties under act regulating practice of medicine and surgery 4 556 Medicine and Surgery. Practice of, regulated ••...... 556 Medina. Farmers' and Mechanics' Savings Bank, charter of. 108 Iron bridge over Oak Orchard creek at, appropriation for 517 Mendicant and Vagrant Children. Apprenticing of, for vagrant employment, prohibited 132 Merchants* Loan Company. Incorporation of 812 Mesnard, Thoma$iy and Simon Scherm^rhom. Deed between, recording of , authorized ". 431 Messengers of the Legislature. (See ** Legielatare.") Methodist Episcopal Church. Camp grounds, corporations may be formed to secure 25 Sunday School Union, charter amended 185 Tract Society, charter amended 234 Western New York Conference, incorporation of. 186 Metropolitan Drawing^Boom Car Company. May contract vdth certain railroad companies 553 * Metropolitan Safe Deposit Company of the City of New York. Charter of. 28T Mexico Independent. Deaf and dumb persons, appropriation to supply with 505 MeyerSy Charles. Liquidation of assessments upon lands of 719 Middle Dimsion of Canals. (See " CanolB.") Mtddletotcn, Orange County ^ Village of. State Homoeopathic Asylum for Insane at, appropriations for 393, 599 State Homoeopathic Asylum for Insane at, commitment of pauper insane to, 528 State Homoeopathic Asylum for Insane at, statutes relative to 585 Middletoicn, Richmond County, Tovm of. Separate road district in, act creating, amended 742 MidUxnd Railroad. (See " Kew York and Oawego MidlAnd.") MiBmm, John George. Admission of, to practice of law authorized 6 INDEX. 1005 MUitia, Page. Adjutant-GeneTal, rank of, and of assistants 487 Division and brigade inspectors of rifle practice, powers and duties of. 324 Inspector-Gtenera], duties relating to rifle practice 323 Military Code amended 487 Military Staff of Grovernor, cx)mpenBation of. 488 National Guard, expenses of, appropriation for 505 Bifle associations, lands of, how held 325 Rifle practice in the National Guard, act for promotion of. 323 ^Idiers of 1812, appropriation for payment of certain certificates 464 (Sec, al0o, " National Guard.") MiUer, Josiah T. Appropriation for. 380 Mingayy George. Appropriation for 380 Minihan, EUen. Lauds of Dennis Minihan, deceased, released to 456 Mining Cotnpanies. (See "MaiinlUctui-ing," e(c.) Miriky Mrs. Eliza. Appropriation for 385 Minore. Service of citation upon, and appointment of sx)ecial guardian for, on final settlement of executors or administrators 178 Misdemeanors' Adulterated liquors, importing or sale of, in Westchester county 431 Apprenticing, or hiring children for vagrant employment 132 False intelligence, circulating of, to affect price of public funds, etc 559 Forgery of name to any paper, with intent to affect price of stocks or funds, 559 Insane persons, discharge of, from county poor-house or asylum 570 Lunatic, illecal confinement of, by overseer of poor, constable, et« 565 Marking, obliterating, altering, etc., bill-boai'ds, bills or notices 318 Medicine or surgery, practice of, without diploma or license 557 Obtaining employment upon forged letter or certificate 75 Police in cities, personating members of. 451 Rifle ranges, trespassing upon, injuring targets or other property thereon... 325 Shade trees and sidewalks along highways, willful injury to 771 (Soe, aldo, '* Crimes and Misdemeanors.") Mitchell^ David J. Appropriation for 387 Moffitty JSteplien. Appropriation for. • 398 MoJiawk and Ilion Horse Railroad Company. Declared a corporation and authorized to construct railroad 351 Mohawk River. Fishways in, construction of. 921 Monaharij James P. Appropriation for 381 1006 INDEX. Moneyed Corporations {other than Banks , Insurance Companies^ etc.) Page. Asaessmeot of, by Sux)erintendent of Banking Department 405 Securities, deposit of, with Superintendent of Banking Dejxirtment 404 Superintendent of Banking Department, reports to 403 Monroe County. Brockport, Normal and Training School, appropriation for 507 Charlotte, ferry across Genesee river, establishment of. 633 Charlotte, police justice of, official acts legalized 603 Fairport, village charter amended 165 Fishing laws, as to, amended 701 Gates, canal bridge at Emerson street in, construction of. 517, 835 Ogden, construction of road in, appropriation for 517 Penitentiary, maintenance of prisoners at 605 Pittsford, road bridge over Erie canal, on Centerville road 518 Spencerport, act incorporating, attended 13 (See, alBo, ** Rochester.") Monroe County Penitentiary. Maintenance of prisoners at 605 Mont'Qomery Cofi(,nty. Amsterdam, payment of indebtedness and issue of bonds 16 Amsterdam, sale of old burial grounds, in 277 Amsterdam, street railroad, fare upon and weight of rails 481 Illegal taxes in, act to enable supervisor to refund, repealed 108 Manheim and other towns, repairs of Mohawk turnpike in. 211 MofUiceUo. Excise moneys and fines for intoxication in, di8X)06ition of. 34 Moorey Htvgh H. Appropriation for «.«.. 888 Moose River. Dam at old Brown Tract Forge 513 Moose and Wild Deer. (See " Game Laws.") Moran^ Patrick^ deceased. Attorney, in fact of, next of kin of, appropriation for 387 Morehouse^ Andrew W. Appropriation for 385 Morely JSarah E. Lands in Brooklyn, released to 536 Morris, Elsie Ann. Name changed to Elsie Ann Murray.... 046 Morrisama, West Farms and Kingsbridge* Annexation of, to New York dty, act for, re-enacted and amended 432 Morse^ Sidney P. Official acts as justice confirmed , 20 MorteTiseny Lars Anders. Name chanj^ed to Lars Anders Morton 046 INDEX. 1007 » Mortgage^ Foreclosure. Page. Railroads sold under, reorganization of. 647 Summary proceedings to remove party in possession 229 Moii7it Moi'ris. Bridge oyer Gtenesee river at, appropriation for 517 Mount Verfion, Streets, opening, widening, etc., charter amended • 844 MttUock Coe. Official acts as justice of the peace, legalized 688 Murderer's Creek. Highlands, town of, relieved from payment for bridge 87 MtUfial Trust Company of City of Neto York. Organization of, time for, extended 183 Mygatt, Henry R, Appropriation for 387 Nachtman^ Martin. Appropriation for 388 Names Changed by Counts. Callahan, Annie Irene, to Temple, Annie Irene 945 Coburn, Ada Elizabeth, to Cockburn, Ada Elizabeth 945 Coburn, Amy F., to Cockburn, Amy F 945 Cobum, Edward H., to Cockburn, Edward H 944 Coburn, Edward H., Jr., to Cockburn, Edward H., Jr 945 Coburn, Emma J,, to Cockburn, Emma J " 945 Coburn, Martha A., to Cockburn, Martha A 944 Coburn, Martha A., Jr., to Cockburn, Martha A, Jr. 944 Coburn, Robert A., to Cockburn, Robert A 945 Cobum, Walter J., to Cockburn, Walter J 946 Gamer, Elizabeth, to Simms, Kitty Elizabeth 943 Grotosky, Adolph Morris, to Morris, Adolph Morris. 945 Hassendeuble, Frederick, to Hasse, Frederick 944 Hassendeuble, Jacob, to Hasse, Jacob 944 Hassendeuble, Otto, to Hasse, Otto 944 Hickok, Charlotte Sidney, to Thomas, Charlotte ffidney 946 Humphrey, Helen V. N., to Van Ness, Helen 943 Humphrey, Herbert, to Van Ness, Herbert 943 Humphrey, Lester, to Van Ness, Lester '. 943 Lowe, Michael James, to Lowe, James Michael 944 Lyon, De Witt C. Van Valkenbure^h, to Van Valkenburgh, De Witt C 943 !MEigonaffle, John Smith, to Hill, John Smith Magonagle 944 Morris, Elsie Ann, to Murray, Elsie Ann 946 Mortensen, Lars Anders, to Morton, Lars Anders 946 Hector, Churchwardens and Vestrymen of Guion Church, City of Brooklyn, to Rector, Churchwardens and Vestrymen of St. George Church, City of Brooklyn 946 Rector, Churchwardens and Vestrymen of Zion Church, City of Brooklyn, to Rector, Churchwardens and Vestrymen of Saint Barnabas Church, City of Brooklyn 946 Bindskopf, Charles Adolph, to Risdorf, Charles Adolph 945 1008 INDEX. Page. Schitter, Adolph, to Schiller, Adolph ^5 Schitter, E^atrina, to Schiller, Eatrina W6 Schitter, Louis, to Schiller, Louis 945 Thompson, Carrie, to Foster, Carrie 944 Weed, Anna J., to Reed, Anna J 944 Weed, Charles H., to Reed, Charles 944 Weed, Maria G., to Reed, Maria G 944 Weed, Maurice G., to Reed, Maurice G 944 Weed, Sextus L., to Reed, Sextus L 944 Weidner, C. H. Achilles, to Rose, Achilles 944 Wilkowski, David, to Witmark, David 945 Names of Corporations Cha^iged by Legislature^ Beach Pneumatic Transit Company, to Broadway Underground Railway Company 694 Greneral act authorizing, amended 98 International Exchange and Agency Company, of New York, to Interna- tional Trust Company of New York T12 Warren, village of, to Haverstraw 196 Niagara City, village of, to Suspension Bridge 847 Nassau Drawing-room Car Company. Authority given to contract with railroad companies 563 National Ghiard. Adjutant-General, and assistants, rank of 461 Armories for, appropriation for repairs of 390 Brooklyn, armory in, for thirteenth regiment of. 358 Commander-in-Chief, staff of, salaries of 488 Company " B" fifty-fourth ree^ent, appropriation for 390 Company " B" twenty-seventh regiment, uniforms for 390 Creedmore, erection of building at, appropriation for • 390 Creedmore, Rifle range at, repairs of, appropriation for 390 Expenses of, appropriation for 605 Inspector-General, duties relating to rifle practice 323 Military Code amended 48T New York dty, armory in, for seventh regiment of 286 Oswego, completion of armory for 390 Rifle practice in, promotion of, act for 323 Syracuse, completion of drill room for 390 Utica, completion of armory for 390 (See, also, *' Militia.") National Rifle Assodatioru Promotion of rifle practice 326 Natural History of the State. Drawings for, appropriation for ...»«....•.... 503 Printing of, appropriation for 508 (See, also, '* State Cabinet of Natural Hiatory.") Nauerty Christian. Relief of, claim against dty and county of New York 342 Netcburgh. City charter amended *•• •••• 881 Washington's Headquarters, appropriation for keeper , 506 Washington's Headquarters, care of lands and buildings ••« 581 INDEX. 1009 New Capitol. page. Erection of, appropriation for 399 Brick wall, erection of, between New Capitol building and CongreBsHall.. 400 State tax for purpose of..; .530 Superintendent of 400 New Capitol Commiss-ionera. Brick wall, erection of, by 400 New Capitol, appropriation for 399 Removal from office of, authorized 400 Superintendent of New Capitol, appointment of. 400 New Jersey J State of. Commissioners, to confer as to quarantine jurisdiction 393 Ferry from Yonkers to, charter of 554 Neio Lots. Fire department of, increased facilities for 719 Fulton avenue, opening and improvement of. 120 New RocheUe, Town of. Drainage of swamp lands in, act providing for, amended 636 New RocheUe f Village of. Curbs and gutters in front of lots, construction and repairs of 468 Netospapers. Canal superintendents, publication of monthly abstracts of. 691 Constitutional amendments, publication of. i. 450 Erie county, publication of election notices in 600 Session laws, publication of, price not to exceed 50 cents per folio 529 Surrogates, citations and notices, publication of. 557 Villages, accounts of moneys received and expended, publication of 460 Newtoion. Debts of, as apportioned with Long Island city, liquidation of. 826 Extension of Grand street, improvement of 902 Grand street, bonds of, for improvement of, supervisor to issue 905 Highway in, to Brooklyn, improvement of. 462 Lands in, released to Young Men's Christian Association 460 Newtown Savings Bank, charterof. 786 Bailroad, construction of, in, authorized 617 Newtown Savings Bank. Incorporation of. 686 Newtown Yowng Men^s Christian Association. Lands in Newtown, released to 460 New Towns, and Wards of Cities^ Erection and Alteration of Boundaries of. Canisteo and Cameron, towns of, boundaries changed 922 Long Island City, boundaries of corrected ^ 743 Lyonsdale, formed from Greig 923 New York city, annexation of two wards to, act amended 432 Rochester, two additional wards in dty of 624 New Utrecht. Eighty-sixth street, laying out, etc., of, act amended 909 Plan of gradfis for certain streets and avenues in, act amended 546 Second avenue, termination, opening and grading of, 775 lOlO INDEX. Fa OK. Supervisor, to pay moneys to commiBsioners for grading Bay Ridge avenae^ 179 Twenty-second avenue, laying out and grading of. 382 Neio York and Albany Railroad. Completion of, time for, extended 638 New York and Canada Bridge and Tunnel Co7npany. Charter amended, time for commencement and completion of 139 Neto York and Canada Railroad. Construction of, act to facilitate, reappropriation 197 New York and HighUind Suspension Bridge Railway Company. Construction of road, time for beginning, extended 561 New York a7id Oswego Midland Railroad Company. Municipal bonds issued in aid of, redemption of, provided for 412 Oneida, commissioners for, to pay over certain moneys • .. . . 118 Taxation of, moneys collected for county taxes, disposition of 358 New York and South Side Railroad Cmnpany of Long Island. May purchase South Side Railroad of Long Island ., 365 Neio York Bridge Company. Charter amended 825 ' New York City and County. Aldermen, election of additional i.. 104 Armoiy for Seventh Regiment of National Guard, lands to be leased for.... 285 Atlantic Guarantee and Trust Company, organization, time for, extended... 494 Bank street, paving of. 410 Beach Pneumatic Railway Company, name clianged,etc 694 Blind, Institution for, support and instruction of pupils in 506 Board of Health and Commissioners of Health, duties and powers of 899 Bonds, payment of, postponed 360 Broadway Underground Railway Company 694 Biuldings, acts relative to, amended 134 Buildings, Department of, payment of officers and workmen, act of 1813, Prefatory page^ v Buildings, Department of, powers of. 131 Buildings, Department of, qualification of officers of.^ 188 Butter and Cheese Exchange, incorporation of 100 Central Trust Company, time to complete organization, extended 361 Children's Fold, certain powers conferred upon, may adopt orphans 686 Church of the Heavenly Rest, proceedings for incorporation of, confirmed.. 151 City charter amended 361, 104 City government, support of, estimates and apportionment for 362 City parks, improvement fund ..* 912^ Columbia College, Alumni Association of, incorporation of. 101 Commission of Charitable Correction, act establishing, repealed 96 Commissioners of Excise, salaries of. 910 Commissioners of Sinking Funds, to lease certain lands for armory 285 Comptroller, issue of revenue bonds by .1189 364 Comptroller to issue stock for surveying, monumenting, etc 834 Congregation Anshi Chesed and Temple Adas Jeshurun, consolidation of... 99 Congregation Bikur Cholim Ukadisha and Congregation Chaari Zedek, ocm- solidation of. 521 Consolidation of city and county government 360^ 301 INDEX. lOll Page. Criminal courts in, general interpreter of, salary of. 767 Croton Aqueduct, completion of work, time for, extended 604 Cotton Exchange Trust Company, incorporation of. 461 County and city government, consolidation of. 360, 861 County government, estimates and apportionments for 359 Court of Greneral Sessions in, clerk of, may appoint deputy and assistant... 104 Courts, magistrates or x)olice justices, commitment of children to Hebrew Benevolent Society, by 282 Courts, place for holding certain, act providing for, repealed 31 Beaf and Dumb, Institution for Instruction of, appropriation for 606 Deaf Mutes, Institution for Improved Instruction of, appropriations for, 394, 506 Deed between Thomas Mesnard and Simon Schermerhorn, recording of.... 431 Department of Public Parks, powers of commissioners of. 357, 831 District court of tenth district 278, 434 District courts, stenographers in, fees of 695 Docks, department of, surveys and soundings by 941 Dry Dock Savings Institution, change of location authorized 182 Eighth Avenue Railroad Company, route extended, etc 616 Election laws amended 871 Elections in, election districts, registration, et.c, acts amended 871 Evangelical Italian Orphan Asylum, charter of. 200 Excise commissioners, salaries of. 910 Excise moneys, disposition of, to benevolent purposes, authorized 910 Foundling Asylum of Sisters of Charity, charter amended 912 Frauds upon Treasury, payment of expenses of suits in 470 Gas Companies in, act to present extortion by 213 Gilbert Elevated Railway Company, time for completion of railway 331 Government of city and county, consolidated 361, 360 Harlem Safe Deposit Company, charter of 817 Hansen, Oscar and Mathilde, lands in, released to 349 Hebrew Benevolent Society of , charter amended 282 Hebrew. Benevolent Society of, relief of, in relation to grants of land 302 Home for Christian Care, incorporation of. 453 Industrial Exhibition Company, may issue bonds 341 Institution for Deaf and Dumb, placing deaf mute children in 307 Institution for Improved Instruction of Deaf Mutes, placing children in 307 International Exchange and Agency Company, charter amended 712 International Trust Company, when to organize, etc 772 Jurors in, act relative to, amended 604 Kingsbridge, act annexing, amended .# 432 Local government, further provision for payment of expenses of. 912 Local government, reorganization of, act for, amended 357, 704 Local improvements, assessments for, not to be set aside for irregularity or tedmicaUty 366 Manhattan Mortgage Company, charter of. 820 Marine Court, jurisdiction of, and practice in 731 Mariners' Family Industrial Society, appropriation for 395 Maritime Association of Port of New York, charter of. 184 Mayor, may fill certain vacancies in office without confirmation 357 Mercantile disputes, arbitration provided for 836 Metropolitan Drawing.Room Car Co. may contract with railroad companies, 553 Metropolitan Safe Deposit Comjiany, charter of. * 287 Morrisania, railroad in, route for ; 745 Morrisania, West Farms and Kingsbridge, annexation of, act amended 432 Mutual Trust Institution, time for organization extended 183 Names changed in, by courts 944, 945 V lOia INDEX. Page. Nauert, Christian, relief of, claim against city and county.,... 843 New city prison, act providing for, repealed 31 New York Bridge Company, charter amended 825 New York Coal Exchange, charter amended, time for organization extended, 486 New York Eye Infirmary, charter amended 490 New York Fioatinjj Dry Dock Company, charter amended 463 New York Institution for the Blind, additional powers oonfenred ux)on 218 New York Heal Estate Trust Company, charter amended 591 Nursery and Child's Hospital, tax for 911 O'Brien, Alicia C, release of lands to, evidence of, passage of act for 908 Orr, Isaac, relief of, claim against the dty 697 Parks, department of, commissioners of. 851, 831 Partition cases, sales in, fees of sheriff and referees 213 Pauss, Maria, lands in, released to 101 Police clerk for sixth police district, appointment of 218 Police court and police justice of sixth police district 218, 434 Police department and department of public parks ,^ 351 Prison Association, appropriation for .* 399 Public baths, four additional, construction and maintenance of 696 Pablic fund or stock to be created ^ 833 Quarantine, appropriation for 891 Railway from Vesey stteet to South ferry, construction of, authorized 691 Samaritan Home for the Aged, lease of lands to, provided for 154 Second Presbyterian Church of Harlem, agreement to consolidate, confirmed, 152 Sheriff, sales in partition cases, fees of, act amended 212 Sixpenny Savings Bank of, change of name authorized 112 Society for Reformation of Juvenile Delinquents, appropriations for... 394, 506 Society of the Church of the Puritans, agreement to consolidate, confirmed, 152 South American Trading Company, incorporation of 489 State taxes, quota of, payment of, provid^ for 112 Stevens, James H., official acts as notary, legalized 520 Street lamps, exemption of West Farms as to 340 Suits growing out of frauds upon treasury, tax for counsel fees and expenses, 410 Superintendent of buildings 188 Surveying, laying out, and monumenting portions of. 831 Taxes and assessments, collection and vacation thereof. 366 Tubular transmission of letters,ted from general law 451 Commissioners of highways, not to act as inspectors of, in certain counties. 211 Coney Island, improvement of, act for, amenoed 113 Jamaica and Brooklyn, increase of capital stock authorized 134 Western, tolls upon « 522 PUxtOj Henry, Appropriation for • 383 Plattsburgh, Town of. Free Union School District, No. 1, Board of Education of, may issue bonds. 118 Joint School District, No. 9, conveyance by trustees of, legalized Ill PlaUsburgh, Village of. Charter amended 204 Water- Works, Board of Conmiissioners of. 204 Plumb, George, Daniel Shaw and Orson Richards, Appropriation for 386 Polarid, Town of, Kennedy Cemetery Association, supervisor may convey lands to 123 Levant Cemetery Association in supervisor authorized to convey lands to. 123 Police Boards and Departments. Buffalo, act establishing dep«tirtKieBt» amended 118, 145 New York city, commissioneir^ ,tnt>®' ^^^ appointment of 351 New York city, police cominig.\iJ^^ to be head of police department 351 Police, in cities, personating v^O*!r^te o^j* misdemeanor 451 Quarantine, police for Al^i<^ "" ^^ 1020 INDEX. Pagk. Schenectady, police act amended 891 Uticay board of police connnissioners established 361 Yonkers, police station house for 239 Police Justices, Addison, jurisdiction and fees of 274 Bafialo, annual appointment of. 746 Charlotte, official acts of, CDntbmed 603 Dunkirk, term of office of, in 315 Dunkirk, trustees may fill vacancy in office of 314 Edgewater, office of, abolished in 365 Jurisdiction of, under compulsory education act 535 "S^w York dty, police court and x)olice justice of sixth police district.. 218, 434 Northville, election of, in village of 81 Penitentiaries, sentences to, by 230 Saratoga Springs, may appoint police officers '. 486 Poor. Kings county, act to provide for support of, amended , 121 State paupers, support of, act for, amended 606 Poor, Superintendents of. (See *' Snperintendents of the Poor.'*) Port Byron. Owasco feeder, new channel in, appropriation for 513 Port Henry. Trustees of, prevention of fires, powers for 614 Port of New York. Arbitration of commercial disputes 886 Health officer of , appropriation for. 391 Mariners' Family Industrial Society, appropriation for 395 Maritime Association of, charter of 184 Quarantine, appropriation for 391 Port Richmond. Village charter amended ^ 82, 610 Positions of Trust. Obtaining eniploymeut in, upon forged letter or certificate, a misdemeanor. 16 Postage. Public offices, appropriation for 502 Postmasters of the Legislature. (8eo"Legi3lature."') Potsdam,. Normal and training school at, approj^riation for 501 Village charter amended 122 Paughkeepsie, City of. Charter amepded 641 City may borrow money, for i>ayment of liabilities, and issue bonds Ill City Railroad Company, charter of, amended 866 Qas, quality, supply and price of, regulated 414 High school in, to share in literature fund, and visitation of, by Regents.... 484 Hudson River State Hospital for the Insane, appropriation for 393 H udson River State Hospital for Insane, statutes relative to, revised 68^ » INDEX. 1031 m Pcmghkeepsie City Railroad Company. pxoe. Charter amended ^ 866 Poughk^psie^ Town of, Poughkeepsie City Railroad Company, may lay railroad tracks in 86T Taxes, collector to publish times and place of receiving 350 PraxAice. Code of Procedure, amended as to appeals to Court of Appeals 318 Preaoott, JD. M. Appropriation for 880 Printing and Binding. Albany Evening Journal^ appropriation for 896 Argus Company, appropriation for 395 Brooklyn Daily Argus, appropriation for 396 Concurrent resolutions, appropriation for publishing 383 Judicial trials, (McCunn, rrindle and Curtis) 604 Legislative printing, appropriations for • 383, 503 Natural History, printing of. • 503 Printing bills, must be audited before x)ayment 401, 510 Railroad Report of State Engineer 395, 501 Session Laws, printing and binding of 383 Session Laws, publication of, in newspapers, rate per folio 529 State Canvass, appropriation for printing 383, 503 Weed, Parsons and Co., appropriation, for 395, 396 Prison Association of New York, Appropriation for 399 Public BatJia. New York dty, construction and maintenance of additional baths in 696 Public Health. (See ^'Health, Boards of.") PtMic Instruction. General acts as to, amended 532, 103 (See, alBO, "Department of Public Inotrnetioii.") Public Officers. Compensation of, proposed constitutional amendments 933 When majority may act, (R. S. amended) 311 Putnam County. Birds, killing certain kinds of , prohibited in 701 Bonds, bcrtEua of supervisors authorized to issue 202 Fishing laws as to, amended 701 QuaiL EilUng of, prohibited, in certain counties 536 Quarantine. Burial place of Quarantine dead 397 Clifton, boarding station at 397 Completion of establishment, moneys appropriated for, how to be used 502 Commissioners of, salary of, appropriation for 502 Health officer may appoint and dismiss policemen 397 Maintenance and care of, appropriation for 397 103JJ INDEX. Pagk. New Jersey oommisBionerB to oonfer with, respecting 392 Officers, salary not to be paid to, unless authorized by law 502 Policemen, powers and duties of. 397 Seguine Point, State property at, fencing of. 397 jSteamboat, expends of. 397 Queechy Lake. Fish, protection of, in 105 Queens County. Birds, killing of certain kinds of, prohibited, at certain seasons 701 Brooklyn Elevated, Silent Safety Railway, diafter of 790 Carpenter, Sally Aiin, sale of real estate in, to, confirmed 183 Commissioners of highways in, not to act as inspectors of plank roads and turnpikes : 277 County cleik, to transcribe records of deeds and mortgages from town clerks' oiiices. 461 East Brooklyn Railroad Company, construction of road m 617 Flushing, authoiitv of trustees to establish lines and grades of streets, etc.. 275 Flushing, board of education of school district No. 6, may borrow money... 78 Flushing, Broadway, grading and macadamizing of. 767 Flushing village, act for supplyiiw with water 727 Hempstead, elections, annu&l and special, in.... 116 Jamaica, lands in, released to Alexander B. C. Cranston 406 Newtown, debts, liquidation, funding and payment of, act for 626 Newtown, extension of Grand street, Brookl]^, improvement of. 902 r^ewtown, highway in, and in Brooklyn, improvement of. 462 Newtown Savings Bank, charter of. 786 Newtown, title to lands in, released to Young Men's Christian Association, 460 North Hempstead, collection of taxes, time extended 107 North Hempstead, lands in, released to Ann Smith and others 14 ^ster Bay, collection of taxes, time extended 107 Whitestone, village charter amended and supplemented 217 (See» also, "Long Island City.") Badket Biver. Improvement of, time to make and ^e surveys and maps extended 326 Raalroads. Acts for incorporation of, amended 294, 647 Amstetdam Street Railroad, fare upon, and weight of rails 481 Anglo-Mexican Railway, charter amended 717 Ausable River Hankroad Comx)any may convert road into a railroad 702 Bath ferry to Douw's Point, construction of 898 Brooklyn (>08Stown Railroad, extension of tracks of. 774 Brooklyn Elevated, Silent Safety Railway, charter of 790 Brooklyn, Winfield and Newtown Railway, completion of, time extended... 775 Buenaventure and Cauca Valley Railroad Company, incoiporation of 549 Bufialo East Side Street Railway, powers of. 299 Buffalo Street Railroad, empowered to guarantee certain bonds 201 Bashwick Railroad, extension of tracks authorized 781 Canandaigua, Palm3n» and Ontario Railway 85 Catskill Horse Railroad, charter of 199 Corning, Cowanesque and Antrim Railway 456 Corporate existence, extension of, general act of 1850 amended 294 East Brooklyn Railroad Company, incorporation of 617 Eighth Avenue Railroad, New York city, extension of route^ etc 616 Qenesee and Water Street Railroad Company, Syracuse, may extend track, 308 INDEX. 1038 Page. Gteneva and Southwestern Railway, title to land, how acquired 311 Gilbert Elevated Railway, time for oompletion extended 331 Grleudale and East River Railroad, vreight of rails upon 614 Gloversville and Kingsboro Street R. R., jGaxe and weight of rails regulated, 80 Gloversville and Northville Railroad > 80 Grand Trunk Railway Company, Canada, may purchase real estate 603 Greenwood and Coney Island Railroad, act for relief of 362 Herkimer and Mohawk Street Railroad, act relating to 181 Hudson Suspension Bridge and New England Railway, charter amended .. 131 Johnstown, Gloversville and Kingsboro Horse Railroad, weight of rails, privileges, etc 308 Lake Ontario Shore Railroad, act authorizing city of Rochester to issue bonds in aid of, repealed ^ 315 Lausingburgh and Troy Steam Railroad, fare on, regulated 479 Long Island City, construction and operation of railroad in 214 Metropolitan Drawing-room Car Company, may contract with 553 Mohawk and Ilion Horse Railroad 351 Nassau Drawing-room Car Company, may contract with 563 New York and Albany Railroad, completion of, time extended 638 New York and Canada, construction of, act to facilitate 191 New York and Highland Suspension Bridge Railway, construction of, time extended 561 New York and Oswego Midland, bonds in aid of, redemption of. 412 New York and Oswego Midland Railroad, taxation of. 353 New York and South Side Railroad of Long Island, may purchase South Side Railroad 365 New York city, Vesey street to South Ferry, construcdion of, authorized 691 New York, New Haven and Hartford Railroad 412 North Shore Railroad, oompletion of road 416 Oneida Horse Railroad Company, incorporation of. 411 Park Avenue Railroad, extension of track 591 Pennsylvania and Sodus Bay Railroad, construction of branch authorized... 295 Plankroad Railroad, act for relief of. 134 Pouffhkeepsie City Railroad, charter amended 866 Roads sold under mortgage, reorganization of 541 Rochester and State Line Kail way, Rochester may issue bonds in aid of.... 28 Rochester, Homellsville and Pine Creek Railroad 901 Rochester, Nunda and Pennsylvania R.R., bonds of dty of Rochester in aid of, 301 Rome Street Railroad Company, act to incorporate 569 South Side Railroad of Long Island 365 State Engineer's office, Raim)ad Department, expenses of, how paid 501 Union village and Johusonville, acts of, legalized 302 Utica and !^r Ground Railroad, charter of 195 Utica, Chenango and Cortland Railroad, extension of road 651 Watkins and Havana Street Railway, building of, time extended 416 West Farms and Morrisania, construction of railway in, act amended ••• 145 RandaU, William C, Appropriation for 388 Read, John Meredith, Jr. Official acts as commissioner of deeds at Paris, France, confirmed 24 Receivers of Taaxs. Cortlandt, town of, and village of Peekskill, act for election of, amended, 89, 104 Sarat.oga Springs, time for collecting taxes extended 4 Taxes, extension of time for collecting, renewal of bonds, etc ; 3 1024 INDEX. Recorder of City of Utica. ^a«=- Salary of 21 Reformatories. Comptroller may withhold unpaid balance of appropriations 402 State Reformatory, at Elmira, appropriation for 393 State Reformatory, at Elmira, superintending builder for 400 Visitation and examination of, by Comptroller 402 R^ents of the University, Academies, dividends to 508, 509 Assistant secretary of, salary, appropriation for 502 Botanist, comi)en8ation of, appropriation for 50S Natural history, drawings for, payment of 503 Postage, expres^ge, printing, stationery, expenses of Regents, etc 503 Poughkeepsie, high school subject to control and visitation of. 484 Secretary of, salary of, appropriation for 502 Teachers, instruction of, in academies 509 Registry Laws, (Soe "Elections and Election Laws.") ReiUy^ Mary Ann, deceased. Lands in Erie county released to heirs of. 522 Releases. Interest of State inilands to — Buerkel, Elizabeth 116 Cranston, Alexander B. C 496 Durring, Charles 467 Edwin Forrest Home 380 Errington Jane Ill Hansen, Oscar and Mathilde 349 Irensterter, George 202 Eirkland, Adaline 354 McCracken, 8amuel 342 Minihan, Ellen 456 Morel, Sarah E 536 Newtown Young Men's Christian Association 460 O'Brien, Alicia C., evidence of passage of act / 908 0'Carroll,Georgianna 123 Pauss, Maria 107 Reilly, Mary Ann, deceased, heirs of 522 Shaw, John, of Pittstield, Mass 296 Spark, Agnes and another 418 Smith, Ann, and others 14 Theile, Gertrude 281 Thomas, John B 352 Whaites, Sarah Ann 27 Willis, Lucelia 822 Young, Esther 177 Relief Acts, Baxter, William, David P. Dobbins, and Theodore Davis, steam canal boats 866 Brooklyn, relief of certain hospitals in 618 Greenwood and Coney Island Railroad Company, extension of track, etc.. 862 Hebrew Benevolent and Orphan Asylum of N. Y. city, change of oonveyacoe^ 302 Holb;rppk, An^ari^, (s»x)^l c]»imi. 213 INDEX. 1O05 Page. Nassau Drawing-room Gar Company, may contract with railroads 563 Nauert, Ghristiany claim against city and county of New York 343 O'Brine, Thomas, land damages 182 Orr, Isaac, claim against New York city 691 Park Avenue Railroad Gomi)any, extension of tracks 591 PeekskiU Manufeeturing Gomx^any, may elect trustees 138 Plank Road Railroad Company, time to complete road extended 134 Schoharie Kill Bridge Company, tollgate and toll 203 Troy, Co-operative Iron-founders' Association, act for, amended 837 Whaites, Sarah Ann, lands released to 21 Religiofua Meetings, Disturbance of 26 Reliffious Societies, Gamp grounds, cor^rations for j.. 25 Congregation Anshi Ghesed and Temple Adas Jeshurun, consolidated 99 Congregation Ghaari 2!edek 521 Consolidation of two or more religious corporations 32 Evangelical Lutheran Ministerium, incorporation of Ill Gttilderland, Evangelical Lutheran Church of St. James 101 McCoy fiind, incorporated 29 New York city, Cannon Street Baptist Church, sale of lands by, authorized, 813 New York dty. Church of the Heavenly Rest 151 New York dty. Church of the Puritans, consolidation confirmed 152 New York dty. Second F^sbyterian Churdi, of Harlem, consolidation con- firmed 152 Sunday School Union, Methodist Episcox)al Church, charter amended 185 Tract Society of the Methodist Episcopal Church, charter amended 234 Western New York Conference or Methodist Episcox)al Church, incorpora- tion of 136 Rensselaer County. Bath.on-the-Hudson, village charter 405 Carpenter, Isaac, official acts, as justice of the peace, legalized 118 Clerk of board of supervisors, duties of , as to audited accounts 483 County treasurer, x)ayment of accounts by, regulated 483 East Qreenbush, briage over Boston and All^y railroad in 914 Fishing laws, amend^ as to 102 Greenbush, village of, trustees authorized to levy tax for payment of claims, 831 Lansingburgh and Troy Steam Railroad, fare on, regulated 419 Lansingburgh, hifi^hway between Vail and Thomas streets, protection of.... 513 Lansingburgh, village charter amended 1 Railroad, from Bath Ferry to Douw's Point 898 Tiift, Ira, official acts of, as notary, legalized 524 Troy, Lansingburgh and Cohoes Bridge Company, charter amended 314 United States, jurisdiction over lands in, ceded to 552 Unpaid taxes in, sale of lands for, acts amended 341 (See, also, "Troy.") Repair Trust Fund, Appropriation from, to pay interest on deposits 401 Transfer of residue of fund 401 Repealing Acts. Buffalo and Hamburgh Turnpike Company, charter repealed 106 Chambers creek, new bridge over, act repealed as to town of Highlands . .,. 81 Edgewater, part of village charter repealed 365 1026 INDEX. Pags. Horse records, act for better preservation of, repealed 28 Montgomery county, illegal taxes, act authorizing supervisors to refund, repealed ^ ; 198 N. Y. city, commission of charitable correction, act establishing, repealed... 91 New York dty, location and erection of new city prison, act repealed 31 Richmond county. Board of Health and Vital Statistics, act repealed 794 Rochester, act in aid of Lake Ontario Shore Railroad Company, repealed .. 375 St. Regis Indians, chiefs and clerks, election of, act repealed 831 White Plains, drainage act, repealed in part 125 Revised Statutes. Embezzlement, by clerks, servants, officers, agents, etc., amendment as to.. 228 Majority of persons authorized by law, may act, upon meeting of all 377 Public roads, laying out and alteration of, amendment of. 851 Section 27, title 17, part third amended, (when majority may act) 377 Summary proceedings to recover possession of land, amendment 229, 612 Town officers, omission to choose, justices to appoint, amendment 729 Revision of the /SioixUes, Commissioners, salaries and expenses of, apx^opriation for 506 Time to complete extended 282 RiohQ,rds^ OrsoUy Danid Shaw and Qeorge PluTnb. Appropriation for 886 Richmond County. Board of Health and Vital Statistics, act to establish, repealed 794 Edgewater, village charter amended, office of police justice abolished 365 Mafifistrates and police justices, jurisdiction of, in quarantine matters 397 Middletown, separate road distnct created in, act amended 742 Port Richmond, village charter amended 82, 610 Quarantine, appropriation for 397 Quarantine, policemen for, and their powers 397 Seguine Point, fencing State property at, appropriation for 397 Taxes, extension of time for collection of. 92, 358 Taxes, sale of lands for non-payment of i 555 Tubular Transit Company of S^ten Island, charter amended 23 Rifle Practijce, Amendment of military code as to 323 RHey^ Thomas, Appropriation for 381 Rindskoffy Cfharles Adolph. Name changed to Charles Adolph Risdorf. 945 Rivers. Chateaugay, improvement of hydraulic power of. 916 Clyde, protection of fish in 601 East, removal of obstructions at Hell gate 938 Hudson, fishwaysin 512, 513 Seneca, protection of fish in 601 Mohawk, fishway in, construction of 921 Moose, erection of dam at Brown's Tract Forge 514 Oswegatchie, improvement of navigation of, act for, amended 762 Peconic, improvement of navigation of, appropriation for 532 INDEX. 103T Page. Racket, improvement of 326 St. Regis, improvement of. 386 Wallkill, protection of fish in 283 Roadsy^ (See "Highways" and "Avenaee.") Robertson^ Mary and Amelia. Appropriation for 385 , Rochester, Sonds, may issue, in aid of Rochester and State Line Railway Company ... 28 Boundaries extended 628 Charter amended 12, 135, 623, 914 Commissioners of public works 1 457, 915 Erie canal bridge, at Goodman stlreet, appropriation for 518, 835 Erie canal, bridge connecting Averill and Hunger streets 511 Erie canal, deepening, etc., of, from Tow-path Change Bridge to Grenesee river aqueduct 516 Grenesee Valley canal, culvert under, appropriation for • 518 Lake Ontario Shore Railroad Comx)any, bonds in aid of, act repealed 315 Monroe County Penitentiary, maintenance of prisoners at 605 Public buildings, location and erection of, act amendcSd 728 Rochester, Nunda and Pennsylvania Railroad Company, bonds in aid of ... 301 School buildings, tax for completion of. 179 Thomas, John B., release of lands to 352 Wards, two additional created 623 Water commissioners, issue of bonds by 914 Western House of Refuge, act establishing, amended 634 Western House of Refuge, appropriations for 394, 506 RocTiester, HomeUsviUe and Pine Creek Railroad Company. Town bonds, to be invested in stock of. 907 Rockland County. Pishing laws, amended as to 701, 702 Haverstraw, village of. 196 Highland avenue, assessments confirmed, act amended 495 Warren, name changed to Haverstraw 196 Rom£. City charter amended 613, 638 Retaining wall on canal, on James street, appropriation for 516 Street railroad in, act to incorx)orate : 559 Rom^ /Street Railroad Company. Incorporation of. 559 RomnltMf Town of. School districts numbers six and seven, enlarged 166 School districts numbers three and four, dissolved 166 Rosendale Saving^ a Bank. Incorporation of 628 Royalton Mountain Ridge Cemetery Association. Purchase and sale of certain lands authorized 487 Runyon, Lewis. Ferry across Seneca Lake at Lodi, time of establishing .' 296 1038 INDEX. Rural Cemetery Aaaociations. page. Act of 1841, for incorporation of, amended 291 (See, also, "Cemeteries.") Bridge oyer West Canada Creek, construction of. 5 Rye, Toton of, Mamaroneck and Rye Neck Fire Department, charter amended 861 Safe Deposit Cofnpanies^ Bu&lo, charter of, amended 886 Harlem, charter of. 817 Metropolitan, New York city, charter of. 287 0 Soff Harbor Wharf Company. Charter amended 351 St. Jokri^a Savings Ba/nk, Fordharn, Charter of. 709 St, Latcrenae County. Bay Side Cemetery Association, may purchase and convey lands, etc 163 Bridge over Oswegatchie river in, authorized 286 Fine, highway commissioners of, official acts legalized 700 Foster, Aikins, official acts of, as justice of the peace, legalized 521 Ogdensburgh, board of education may borrow money for school purposes... 96 Ogdensburgh, dty charter amended 203 Ogdensburgh, Oswegatchie Bridge Company, charter amended 162 Oswegatchie river, improvement of navigation of. 762 Pots<&m, Normal School at, appropriation for 507 Potsdam, village charter amended 122 St. Regis Indians. Annuities, appropriation for payment of. • 508 Attorney of, compensation for 604 Chiefs and clerks of, act authorizing election of, repealed 831 St. Regis RiT>er. Commissioners for improvement of, appropriation for 386 Salem. Village charter amended, fees of collector and treasurer 481 Salt Springs. (See " Onondaga Salt Springs.") Saratoga County. Ballston Spa, completion of water-works, and x)ayment of indebtedness.... 32 Cliftion Park brid^, purchase of, authorized 346 Mohawk river, fimiway in, at Aqueduct dam, construction of. 921 Saratoga lake, fishing in 701 Saratoga lake, jurisdiction of police officers as to 486 , Saratoga Monument, conditional appropriation for 398 I Saratoga Springs, Broadway, Ballston and Union avenues in, improvement of, 309 j Saratoga Springs, construction of sewers in 327 i Saratoga Springs, police justice, act for appointment amended 486 \ Saratoga Springs, town auditors, election of, in 730 Saratoga Springs, village charter amended, 8ui)erintendent of public works, 311 Waterford, commissioners of deeds in, act amended 117 Waterford, town auditors to issue bonds to complete hall 16 INDEX. 1029 Saratoga Monument. page. Conditional appropriation for 398 Plan for monument 391 Saratoga Rotcing Association. Police justice to apx)oint police officers for 486 Saratoga Springs^ Toton of. Sewers, construction of 321 Streets and avenues, improvement of, act amended 309 Taxes, time for collection in, extended 4 Town auditors, election of, in 130 Saratoga Springs^ Village of. Charter amended 311 Police justice, act for apx)ointment of, amended 486 Sewers, construction of. 321 Streets and avenues, improvement of certain, in 309 Saugerties. Fire department, act to incorporate 161 Lands, jurisdiction over, ceded to United States 552 Village indebtedness, payment of, provided for 90 Savings Banks. Albany County, charter of 235 Citizens', Hornellsville, charter of 64 City Savings Bank of New York 112 Constitutional amendments respecting 932 Dry Dock Savings Institution, New York city, change of location authorized, 182 Farmers' and Mechanics', of Medina, charter of. 108 Farmers' and Mechanics', of Palmyra, charter of. 688 Kingston, charter of. 288 Newtown, charter of 186 Rosendale, at Rosendale, charter of. 628 St John's, of Fordham (New York dty), charter of. 109 ^neca County, of Waterloo, charter of. 224 Sixpenny, of New York dty, change of name authorized 112 Teittonia Savings Bank, charter of. 886 Schenectady City, Police, act authorizing and establishing, amended 891 Schenectady Cmi/nty. Glenville, Mohawk bridge, town board to have management of. 215 Glenville, Mohawk turnpike, repair of 211 izedtopi Schenectady dty, police act amended 891 Glenville, town board authorized to purchase bridge 343 Scherman, George. Appropriation for 388 Schitter^ Adclph. Name changed to Adolph Schiller 945 Schitter, Katrlna. Name changed to Eatrina Schiller • 945 Schitter^ Louis. Name changed to Louis Schiller 945 1030 INDEX. Schodack, Town of. Pagb. Carpenter, Isaac, official acts as justice of the peace legalized 178 Schoho/fie CowUy. Mattice, John H., acts as justice of the peace legalized 150 Schoharie Valley Stock Growers' Association, charter amended 293 Schoharie Kill Bridge Comfpany. Relief of, toll-gate and toll 203 Schoharie Valley Stock Growers* Association, Act of incorporation amended 293 School Commissioner Districts. Cayuga county, number reduced 703 Steuben county, number reduced 71 School Commissiotiers. Cayuga county, number of, reduced to two 703 Salaries of, appropriation for 509 Seneca county, to receive and dispose of certain moneys 166 Steuben county, number of, reduced to two 71 School Districts. (866 "Schools.") School Fund. Loans from the capital of, to towns and counties 508 Schools. Athens, Union Free School District No. 1, erection of buildings 21 Auburn, public schools in, act relating to, amended 114 Brooklyn, industrial schools connected with orphan asylums to share in school moneys .> 811 Clyde High School District, issue of bonds 24 Cohoes, additional amount to be raised by tax for use of. 374 Cohoes, Board of Education may appoint superintendent and clerk...: 874 * Common schools, appropriations for 508, 509 Elementary education, to secure to children benefits of (compulsory educa- tion act) 632 Flatlands, erection of school-house 222 Flushing School District No. 6, issue of bonds 78 Port Edward, Union Free School District No. 1, Board of Education of. 713 Ithaca, school districts consolidated, and graded schools established 138 Kinderhook, district No. 2, purchase of site and erection of school-house.... 279 Qg^densburgh, Board of Education may borrow money 96 Ovid, Union Free School District, No. 1, limits of, extended 165 Ovid, Union Free School District No. 1, sale of part of school lot of. 72 Plattsburgh and Peru, joint district No. 9, conveyance by trustees legalized, 171 Plattsburgh, Free Union School District No. 1, issue of bonds by 718 Poughkeepsie, High School in, to share in literature fund 484 Rochester, school buildings in, tax for completion of 179 Romulus, school districts Nos. 6 and 7, enlarged 166 Romulus, school districts Nos. 3 and 4, dissolved 166 Teachers' Institutes, maintenance of, appropriation for 608 Tonawanda, reservation manual labor school, appropriation for trustee of, 391 Trustees of, powers and duties under Compulsory Education Act 633 INDEX. 1031 Paob. Trustees or other offioera, acGoants of , for costs 103 West FannSy school district No. 1, salaries of teachers and janitors 131 (See, also, "Boards of Edacafcion.") /Schuyler County. Catlin, First Presbyterian Church in, trustees may remove bodies, etc 151 Fishing laws, as to, amended 30 North Hector, ferry to Starkey Landing, continued 212 Orphans, appropriation in aid of, etc 390 Watkins and Havana street railway, time for building extended 416 Watkins, charts amended, village bounds defined 315 Second Deputy Comptroller. Salary of, appropriation for 500 Secretary of State. Alien depositions, to be filed with in certain cases 318 Books, furniture, binding, printing and other expenses of office 395, 500 Gamp Ground Associations, certificates of incorporation to the filed with ... 25 Clerks in office, salaries of, appropriation for... ; : 499 Constitutional amendments, publication of, with form of ballot 450 Deputy, salary of, appropriation for 499 Equalization of taxes, notice of appeals to be filed with 465 Hotel corporations, certificates of incorporation to be filed with 161 Kings County, town survey commissioners, maps made by, to be filed in office of 119 Lunacy Act, distribution of copies of. 942 Messenger in office, appropriation for 499 Natural History of State, drawings for, payment of. .' 503 New York Reports, distribution by, appropriation for 396 Postage and stationery for office, appropriation for 502 Read, John Meredith, jr., to certify official acts of, as commissioner 24 Salary of, appropriation for 499 Session Laws, distribution of, by 14 State Homoeopathic Asylum for Insane, salaries, approval of. 393 Taxes, act to extend time for collection, to distribute 4 United States census rex)orts, binding of 884 SeTnina/ries. (See"CoUeff«e.") Senate. Chaplain of, appropriation for 319 Clerk of committee on engrossed bills, salary of 380 Contested seats, counsel fees, and expenses in 388 Doorkeepers, messengers and pages to be appointed for entire session 381 Employees of, compensation for 380 Proceedings on trial of Judges McCunn, Prindle, and Curtis, printing of.... 504 (See, also, "Leglslatare.") Senate^ Clerk of. (See ** Clerk of Senate.") Seneca County. Cayuga and Seneca canal, improvement of, from Seneca Falls to Geneva .... 615 Commissioners of highways in, not to act as inspectors of plank roads and turnpikes 211 Fishing laws, as to,amended 30 Lodi, ferry franchise of Lewis Runyon, act amended 295 1033 INDEX. Page, Ovid, Union Free School District No, 1, may convey part of Bchool lot 72 Ovid, Union Free School District No 1, limits of, extended 165 Romulus, school districts Noa three and four, dissolved 166 Romulus, school districts Nos. six and seven, enlarged 166 School commissioner, to dispose of certain moneys 166 Seneca CJounty Savings Bank of Waterloo, charter of. 224 Seneca Falls, village charter i 241 Willard Asylum, appropriations for 392, 507 Willard Asylum, statutes relative to, revised and consolidated 681 Seneca County Savinffs Bank of Watei'loo. . Charter of. 224 Seneca FaUs. 'Village charter 241 Seneca Indians. Annnities, appropriation for payment of 508 Attorney of, compensation for 504 Seneca River, Fishing in, act relative to 601 Session Laws. Appropriation for printing and binding 383 Distribution of, extended to surrogates and mayors 14 Publication of,.in two newspai)er8 m each county, act for, amended 529 Session of 1813, Act of. New York city, dejMurtment of buildings, i)ayment of officers and workmen, Prefatory 'paging , v Seward MenuMixd. Appropriation for printing and binding of 396 Sewerage. . <8e« '* Drainage.") Shade Trees along Hightoays. Planting and protection of, act for, amended 711 ShaWy Daniel, George Pltmiby and Orson Richards. Appropriation foK 386 Shaw, John. Authorized to take, hold and convey lands, release to 296 Sheriffs. County of New York, partition sales, act relating to, amended 212 Clinton county, appropriation for 388 Convicts, to what penitentiaries to be conveyed by 230 Cortland county, preservation of fish in, duties of, under act for 455 Convicts, transportation of, appropriations for 384, 504 Greene county, convicts, work of, upon streets in village of Catskill...t 558 Jurors, summoning of additional numbers, county courts may require 75 Juvenile delinquents and insane persons, conveying to houses of lefiige or asylums, compensation for, to be fixedannuaJly 570 Kings coimty, office hours of, prescribed 7% Shore Inspector. Office of, abolished 889 Salary of, appropriation for 389 « INDEX. 1033 SidetocUka. page. Construction of, in towns, railing to protect, act amended Ill Sifnon^ Charles. Appropriation for 388 Sinff 8i7ig State Prison. Acts in relation to, amended 594 Cells, alteration of, at female prison 898 Croton wat.er, supply of, appropriation for 504 Docks at, repairs of 398 Hasson, James, appropriation for 399 Iron galleries, appropriation for A 4 398 Laundry, new shop for, appropriation for 398 Library, testaments and hymn books, appropriation for 398 Officers for, appointment of; «. 598 Quarry and lime works, appropriation for 398 Rifles for use of guards, appropriation for 399 linking Funds. Constitutional amendments respecting 931 Sixpenny Savings Bank of the City of New York. Change of name to City Savings Bank of New York 112 Skaneateles. Bridge over outlet in Gfenesee street. Canal CommisBioners to keep in repair, 516 Village made a separate road district 169 Smithy Ann, and otfiers. Lands of Thomas Smith released to 14 * Smith, Henry. Appropriation for 386 Societies for Improvement of Poultry, Small Birds and Domestic Animals. Incorporation of, general act for 348 Societies for Social and Recreative Purposes. General act for incorporation of, amended 31 Society for Reformation of Juvenile Delinquents, Nei^Fork City. Appropriations for 394, 506 Soldiers of 1812. Appropriation for certain resident soldiers 464 SoUsviUe. Swing bridge over Chenango canal at, appropriation for 515 Somerset. Lands in, ceded to United States 14 South American Trading Company. Act of incorporation « 489 Spark, Agnes and Robert McKay. Lands of John McKay, deceased, released to 418 Speaker of the Assembly. Compensation and mileage as a Commissioner of the Land offi(*e 383, 502 Portrait of Abraham Lincoln, acceptance of. 389 66 • 1034 INDEX. Act of iuoorporation, amended 13 SpriTigtoateTf Toton of. Ancient and disused banal plots in, removal of remains from 171 SiaUioTis. Act requiring owner to file certificate of pedigree, repealed 28 State A^HcuUural Society. Appropriation for 603 (S^, aldo, "Affrlctdtural Societies.") State Arsenals and Armories. (See "Armories" and *' National Gaarcl.") State Assessors. Equalization of State tax, appeals .•. 465 Salary and expenses of. 465, 501 State Asylum for Idiots , at Syracuse. Additional lands for, purchase of 392 Appropriation for maintenance of State pupils 601 State Board of Charities. Appropriation for collecting statistics of crime 391 Assistant secretary, appointment, and duties of «.... 607 State paupers, contracts for support of, regulations for 60d State paupers, transfers of , from one alms-house to another 607 (See, aldo, " State Corainidsioiiers of Pablic Ctiaritiea.") State Bridges. (See "Canal Bridges" and "Bridges.") State Cabinet of Natural History. Fuel, gas, cleaning, labor, repairs, etc., for hall of. 383, 503 Hall, James, compensation for authorship, etc 501 Keeper of hall of, compensation for 503 Natural history, (Irawings for, appropriation for 603 Salaries, and incj^ase and preservation of collections, etc 503 Superintendent mi keeper, compensation of 503 State Commissioner in Lunacy, Compensation of, appropriation for 386, 507 Duties and powers of. ^ 589 Private asylums, licenses for 589 Salary and traveling expenses 507 Traveling and other incidental expenses 386 State Commissioners of Public Charities. Contingencies for. 507 Office expenses and clerk hire 507 Secretary, salary of, appropriation for ^ « 507 State Commissioner in Lunacy, salary of. 386, 507 Traveling expenses, appropriation for 507 (See, also. "State Board of Charities.") State Council of the Order of United American Mechanics. Incorporation of 726 Subordinate councils of, charters for '.....» 721 INDEX. 1035 8tate Engineer and Siircepor. Page, Additional clerk, salary of, appropriation for 384 Champlain canal, revised surveys, maps, estimates and location of line 511 Clerks in office of, salaries, appropriation for 501 Deputy, salary of, appropriation for 500 Engineers on ordinary repairs, salaries and expenses of 365 Furniture, printing and incidentals for office of 383, 501 Owasco dam, duties of, respecting 939 Postage and stationery for office of, appropriation for 502 Railroad department, clerks in, appropriation for 500 Railroad department, repayment of expenses 500 Railroad Report for year 1813, appropriation for 385 Railroad Report, printing, binding and lithographing of. 395, 500 Road in Clinton county, commissioner for construction of. 105 Salary and traveling expenses of, appropriation for 355 jState Geological HaU. Fuel, gas, cleaning, labor and repairs for , 383, 503 (See, also, " State Cabinet of Nutaral History.") State Geologist Appropriation for 501 JS^ate HaU. Fuel, appropriation for 503 Gas, labor, cleaning, repairs, superintendent's salary, appropriations for, 383, 502 Superintendent of, salary, appropriation for , 384, 502 State Hcmceopathic Asylum for hiBane^ Middletovm. Appropriations for 393, 599 Buildings, erection of, contracts for ...* 4C0 Indigent and pauper insane pei^ons, commitment of, to 528 Officers, salaries to be fixed from time to time 393 Re^appropriation of certain moneys to 599 Statutes relative to, revised and consolidated ! 585 Superintending builder for 400 State Libi*ary. ^ Binding, lettering and marking books, appropriation for 503 Books, purchase of, appropriation for 503 Fuel, appropriation for 503 Gas, cleaning, repairs, transportation, etc 384, 503 Janitor, salary of, appropriation for 503 Librai'ians and assistants, salaries of 503 /Siate Lunatic Asylum at Utica, Appropriations for 392, 504 Jack Mark, appropriation for support of 504 Officers, salaries of, appropriation for 504 Policemen, board of managers may appoint , 511 Statutes relating to, revised and consolidated 515 State, Money or Credit of. Not to be loaned, proposed constitutional amendment 933 Staten Island. (See •• Richmond Coanty.'*) 1036 INDEX. State Paupers. Page. Maintenance of, act providing for, amended 606 State Pri'nting. (See " Printing and Binding.") State Prison Inspector 8, (See " Inapectora of State Prisons.") State Prisons. Acts in relation to, amended 594 Agents and wardens, house, fuel, etc., to be provided for 595 Agents, wardens and other officers of, not to receive perquisites 595 Appropriations for 398, 399, 504 Contractors, repayment of deposits to, appropriation for 504 Convicts, commutation of time for good conduct^ in 598 Convicts, removal of, when authorized .' 598 Convicts, transportation of, appropriations for 384, 5(V4 Discharged convicts, clothing and money for 595 Escaped convicts, to serve out time 598 Maintenance and support of, appropriations for 398, 399, 504 State Reformatory at Elmira. Appropriation for ; 393 Superintending builder for 400 State Reporter. Appropriations for, salary of. 383, 498 State Stock. Agent for issue and transfer of, in New York city, compensation of. 506 State Tax. Asylums and reformatories, erection of. 530 Awards of Canal Appraisers and Canal Boards 605 Bounty debt 630 Canals, new work an<} extraordinary repairs 511 Common schools 529 Equalization of, act amended 464 Gfeneral fund 529 State debt, for interest upon 529 New Capitol 530 State Treasurer. (See "Treasurer."), Stationery for Pvblic Offices. Appropriation for 602 Statutes of the S^ate. Commissioners to revise, salaries and expenses of 506 Commissioners to revise, terms of, extended.... 232 Steam Boilers. Inspection of, certain exemptions from, act amended 852 Stenoffraphers. Assembly and Senate, pay of 382, S9l Buffiilo, Judges of Superior Court of, may employ ..• '^^ New York city district courts, fees of, in 695 Supreme Court, to be x>aid by county treasurers, from county fiind 499 INDEX. 1037 StepJierUown, Town of. Tifft, Ira, official acts as notary public, legalized 524 Steuben County. Addison, police justice in, jurisdiction and fees of...., 214 Cameron, part of town of Canisteo, annexed to 922 Canisteo, part of town annexed to Cameron 922 Citizens' Savings Bank, Homellsville, charter of. 64 Commissioners of highways in, not to act as inspectors of plank roads and turnpikes 217 Coming, Gowanesque and Antrim Railroad Company 456 Deer, pursuit of, with hounds, game laws amended 491 Erwin, construction of bridge over Tioga river in 626 Fishing laws, as to, amend^ 30 Greenwood, railroad commissioners, appointment of, legalized/. 901 Homellsville, may borrow money and purchase steam fire engine 284 Homellsville, railroad commiBsioners, appointment of, legalized 901 School commissioners districts, number of, reduced 11 West Union, railroad commissioners, appointment of, legalized 901 /SteoenSy C» A. Appropriation for 382 StevcTiSf James H, Official acts as notary public, legalized 520 i8tocKbridge Indians. Debt created for, interest on, x)ayment of. 505 StorrSf Qeorge C Appropriation for 382 Streets. '' (See "Hlghwayn" and '^Ayenaes.") Stiff oUt Cawnty. Birds, killing certain kinds of, prohibited, game law amended • 101 County clerk and surrogate, offices for, erection of, 125 Deer, Killing of, game law amended 491 East Hampton, landing places, supervisors may purchase 351 Huntington, action of town meeting confirmed 95 Islip, oysters, planting and protection of, in Great South Bay 139 Jurisdiction over lands in, ceded to United States 551 Peconic River, improvement of navigation of, appropriation for 532 Sag Harbor Wharf Company, charter amended 351 Suffrage. Constitutional amendments respecting 926 SiMivan County, Fishing laws, as to, amended 102 Jeffersonville and Monticello turnpike road, assessment of highway labor upon 69 Monticello and White Lake Turnpike Company, charter amended 188 Monticello, exdse moneys and fines for intoxication, how disposed of 34 SuUivan^ Toton of. State ditches in 296, 514 1038 INDEX. Summary Proceedings to Beoot>er Possession of Land, Paof. Mortgage foreclosure, person holding over after sale, removal of, hj 229 Person working land for share of crops, and holding over, removal of, by... 612 Revised Statutes respecting, amended 229, 612 SummermUe and Charlotte Ferry Company, Incorporation of 633 Sunday School Union, Methodist Episcopal Church. Charter amended 185 Superintendent of BanMng Department. Books, furniture, printing, binding, blanks, etc., appropriation for 501 Department expenses, payment of, by banks • 501 Deputy and clerks, appropriation for 501 Moneyed corporations, assessment of 405 Moneyed corporations, certain, to make semi-annual reports to 403 Moneyed corporations, deposit of securities by 4<>4 Salary of, appropriation for 501 Visitation and examination of certain moneyed corporations 403 (Soe, alAO, "Banks and Banking Associations.") Siiperintendent of Capitol, Salary of, appropriation for 502 CSee, Also, " Capitol.") Superintendent of Insurance Department. Books, binding, blanks, printing, etc, for 501 Clerk hire, appropriation for 501 Department expenses, repayment by insurance companies 501 Deputy, compensation of, approjwiation for 501 Dominion of Canada, insurance companies in, deposit of securities with 450 Fees and X)erquisite8 to be paid into treasury by 501 Salary of, appropriation for 501 (See, also, "Insnitince Companies/') Superintendent of New Capitol, (Soo "New Capitol.") Superintendent of Public Instrtution. Books, furniture, printing, binding; etc 500 Clerks in office of, salcuries, appropriations for 500 Deputy, appropriation for 600 Gilmour, Neil, election of, as 937 Le Couteulx St. Mary's Institution for Instruction of Deaf Mutes, approval of bills, for supixjrt of pupils in 501 Normal Sshool at Oswego, repairs of, approval of. 394 Postage and stationery for office of 502 Salary of, appropriation for 500 (See, also, "Department of Pnblic Instractlon.") Superintendents of Repairs (iState Canals). Appropriation for salaries 855 Monthly abstracts, publication and filing of. 191 Superintendent of State HaU. Salary of, appropriations for 884, 502 INDEX. 1039 Superintendents of the Poor* Page. Insane poor, remedies to compel relatiyeB to maintain 566 Insane poor, sending of, to asylum, by 565, 566 Kings county, commissioners of charities, act relating to, amended 121 Powers of, as to lunatics and persons of unsound mind 561 State paupeis, act relating to, amended.... , 606 Superintendent of Weights and Measures, SaJary of, appropriation for 502 Superintefidinff Builders for certain State Buildings. Appointment of 400 Supervisors, Albany, authorized to issue bonds 4 Amity, payment of railroad bonds, tax for 661 Caldwell, bonds to aid in building court house, duties respecting 418 Counsel fees in criminal actions to be levied and collected by boards of 381 County officers, proceedings for removal of, expenses a county charge 388 County treasurer, may require new bond of. 693 Deaf mute children, duties of, in relation to 301 East Chester, improvement of East Chester creek 141 East Hampton, landing places in, purchase of 351 Ellisburgh, bonds for town house, issuing of 823 Erie county, election notices, to designate newspapers for publication of.... 6(X) Erie county, to compensate county clerk, for signing certain records 458 Erwin, assessment upon, for bridge 626 Essex county, bonds, to provide by tax for payment of. 526 Excise commissioners, classification of, by 562 Flatbush, tax for highways iu, to be levied 546 Elatbush, town hall in, tax to pay bonds issued for.. 608 Flushing, tax for gradi^, etc., oi Broadway 168 Friendship, bonds of, in aid of academy, duties of supervisor 613 Hume, town bonds, duties respecting 411 Indigent insane persons, support of, at asylum 566, 561 Insane x>ersons, conveying of, to asylums, comjmnsation for, to be fixed by, 510 Jamaica, sale of lands by, legalized 183 Juvenile delinquents, conveying to houses of refuge, compensation for, to be fixed by 510 Kiautone, may convey lands to Maple Grove Cemeterv Association 150 Kings county, board may issue certificates of indebtedness for armory 358 Kings county, authorized to borrow money 699 Kings county, duties of, in relation to Gravesend avenue 321 Kings county, Grand street oj^ening and improvement of, duties respecting, 902 Kings county, street monuments, care of..*. 181 Middletown, to borrow money for improving certain highways 142 Monroe county, maintenance of prisoners at, assessment of tax for 601 New Lots, tire department of, providing increased facilities for 119 New Lots, Fulton avenue, opening and improvement of, tax for 120 Newtown, Grand street extension, bonds for, supervisor to issue 905 New Utrecht, to pay moneys to Bay Ridge avenue commissioners 119 New York county, board of aldermen to perform duties of 360 New York county. Children's Fold, tax to maintain orphans at 691 New York county. Nursery and Childs* Hospital, tax for 911 New York county, tax for payment of indebtedness of Yonkers 916 New York county, tax in the year 1815 834 p • 104:0 INDEX. Paos. New York, tax for counsel fees and expenses in suits for frauds on treasiiiyy 470 Orange county, to credit town of Highlands with certain moneys 88 Pelham, improvement of East Chester creek 147 Penitentiaries, agreements for keeping convicts in 230 Pharsalia, tax to be levied upon, for Charles D. Geer 419 Pitcher, moneys to pay interest on railroad bonds 479 Poland, Cemetery Association in, conveyance of lands to, by 723 Putnam county, authorized to issue bonds 202 Queen's county, records of deeds and mortgages in town clerk's offices, duties of, as to transcribing of. 461 Richmond county, sale of lands for unpaid taxes, duties of sux>ervi8ors 556 Roads and bridges, may authorize borrowing money for, act amended 316 Sardinia, to be treasurer of rents, etc., of town hall 531 Schenectady county, to levy tax for rebuilding Mohawk bridge 216 State taxes, assessment of, by 464 Town bonds, payment of, duties of, as to 525 Westchester county, sale of lands for non-payment of taxes, duties of. 838 Westdiester, town of, improvement of fire engine, tax for 483 Supply BUI, Appropriation for deficiencies 379 Supi'erne Couii. Dower, sale of real estate in satisfaction of, act amended 313 Estates of insane persons, idiots and habitual drunkards, care and custody of, 571 Greneral terms of, expenses of. 499 Lewis county, discharge of certain mortgage of record in ; 354 Milbum, John Greor^e, admission as attorney authorized 6 Reports of, distribution to other States, appropriation for » ^. 605 Salaries of justices of, appropriation for 499 Specific performance of contracts by persons becoming insane 576 Stenographers, to be paid by county treasurers 499 Sfir^eons. Coroners may employ • 724 Practice of medicine and surgery, regulated 556 JSurroffotes. Citations and notices, publication of. 557 Clerks of, powers of, enlarged, may take acknowledgments, etc 602 Clinton county, apprenticing indigent children, approval of indentures 638 Executors and administrators, final settlement of, citation, how served upon minors 178 Guardians, general or testamentary, removal of, R. S. amended ; 611 Inventory of executors or admiuistratars, exempt property 612 Livingston county, district attorney of , may act as 76 Livingston county, to confirm sale or real estate of David 0. Howell, deceased 908 Minors, service of citation upon, and appointment of special guardians for.. 178 Records, completion and signing of. 7 Sale of real estate by, for debts, including funeral expenses.. 323 Session Laws, distribution of, to 14 Suffolk county, office for, supervisors may borrow money to erect 126 Title to lands by inheritance, evidence of. 147 Surrogates' Courts. (8ee"SaiT0gate8.") INDEX. 1041 Susquehanna YaUBLey Home and Industrial School for Indigent Children. Paqb. Appropriation for 304 Suiton^ Simon. Appropriation for 381 Swamp Land Drainage. (Seo "Drain agre.") Sweety L, O. Appropriation for 382 Syracuse. Grenesee and Water Street Railroad Company, extension of track in..'. 308 Catharine street, iron bridge over Erie canal at, appropriation for 515 Fayette street, tax and assessment for sewer in 454 Leased line salt lots, sale of, authorized 218 New York State Asylum for Idiots, appropriation for 392, 501 Salina street, bridge across Erie canal at 484 Saliua street, bridge across Oswego canal at 485 Tanner f WiUiam R. Official acts of, as notary public, legalized 460 Taocation* (See •• Taxes.") Tax Collectors. (Soe " Ck)llector8 or Taxes" and " Taxes.") Ta^es. Albany, assessments, real estate sold for, mortgagee may redeem 468 Auburn, extension of time for collection of 1 Brooklyn, assessment for improvement of Court street T16 Catskill, town of, extension of time for collection of 106 Cohoes, additional amount for use of schools 314 Collection of, general act to extend time for 3 Elmira, ext.ension of time for collection of 118 Erroneous payments of, repayment, apx^ropriation for 505 Greenbnsh, payment of claims againj;»t village, tax for 831 Highways, annual tax for 188 Hume, town bonds, tax for payment of 411 Hunter, extension of time for collection of 15 Jamestown, tax for water pipe authorized 521 Livingston county, extension of time for collection of 92 Long Island City, tax for redemption of loan 313 Montgomery county, refunding illegal taxes, act for, repealed 198 New York, and Oswego Midland Railroad Company, taxation of 353 New York city and county, suit* for frauds upon treasury, tax for counsel fees, 410 New York city, taxes and assessments in, collection and vacation of 366 New York county, pajrment of quota of State taxes provided for 112 New York county, tax for Nursery and Child's Hospital 911 North Hempstead, extension of time for collection of \ 101 Oswego, common council authorized to borrow money and levy tax 329 Oswego city, extension of time for collection of » 18 Oyster Bay, extension of time for collection of 101 Pharsalia, tax for payment tx) Geer, Charles D., a volunteer 419 Poughkeepsie, payment of bonds, tax for Ill Poughkeepsie, town collector to publish notice of receiving 350 • 104a INDEX. Page. Bensaelaer county, unpaid taxes in, sale of lands for, acts amended 341 Richmond county, sale of lands, for non-payment of. 556 Richmond county, time for collection of, extended 92, 358 State tax, acts imposing 511, 529, 605 State tax, appeals in reference to 465 State tax, assessment of, by boards of supervisors '. 465 State tax, equalization of, act amended 464 Syracuse, act in relation to, in 454 Utica, additional tax for increased expense of fire department 311 Wallkill, town of, time for collection of, extended 181, 232 Westchester county, collection of, and sale of lands for non-payment of..., 888 Westchester, town of, for alteration and improvement of fire engine 483 Whitney's Point, time for collection of, extended ; 492 Tax Receivers, (8«e "Receivers of Taxes.") Teachers. Academies, instruction of, in, appropriation for 509 Teachers^ histitutes. Maintenance of, appropriation for ^ 508 Teutonia Savings Bank. Incorporation of 886 Theilej Gertrude, Lands of Anthony Theile released to 281 Theological Seminaries. (See " Colleges," etc.); Thomas Asylum for Orphan and DeHUiite Indian Children, Appropriation for 394 Thoma^s^ John B. Lands of Charlotte Thomas, deceased, released to 352 Thompson^ Carrie. Name changed to Carrie Foster 944 Thorn & Watson. Appropriation for 399 Tift. Ira. Official acts of, as notary public, legalized '. 524 Tioga County. Barton, official acts of Coe Mullock, as justice of the peace, legalized 688 Fishing laws, amended as to 466, 702 Owego, water supply, act providing for 303 bpeckled trout in, preservation of, act for, amended 466 Tompkins County. Fishing laws, amended as to 30, 466 Ithaca, system of graded schools established 138 Ithaca, village charter amended 212 Speckled trout, act for preservation of, amended 466 Tonawanda. Erie canal, cribs and vertical wall in, completion of 518 Niagara Grand Island Bridge Company, construction of bridge^at 758 INDEX. 1043 Tonawa7ida Band of 8eneca Indians. Page. Attorney of, appropriations for 391, 504 Attorney of, compensation for.. 504 Attorney of, salary fixed ,t.. 391 Toncuoanda ResertKUion MantMl Labor School, Approjmation for tra^tee of 391 Town Auditors. Saratoga Springs, election of, in 130 Towns, bonded indebtedness of, duties as to sinking fund 525 Waterford to issue bonds to complete town hall 15 Westchester county, duties of, under tax laws.... 841 Westchester county, election of, in the towns of 88 Toton Boards. Excise moneys, disposition of. 663 Totofi Clerks. Excise boards, classification of commissioners 562 Granges, subordinate, filing of certificates of, with 116 Special town meetings, calling of 130 Toton HaUs and Toton Houses. Bombay, building of town house in 530 ElUsburgh, action of special town meeting legalized, and bonds to issue.... 823 Flatbush, election of, in 601 Sardinia, building town hall in 531 Waterford, to issue bonds for 15 Toton Insurance Cofnpanies. Formation of, act for, amended 161 Toton Meetings. Andes, special town meeting, to decide as to sale of railroad stock 600 Business of town at, time for transacting fixed 192 Cortlandt, when to be held 85 Ellisburgh, special action in reference to town house, legalized 823 Flushing, special town meeting to be called 169 Huntington, action as to reward, confirmed 95 Lyonsdale, first annual town meeting in 924 Oiean, special tax to build bridge, electors may vote upon 823 Olean, vote to raise money by special tax for bridge, legalized 819 Town officers, omission to choose at, justices of the i)eace to appoint 130 Westchester, action of, legalized 483 Tovms. Amity, railroad bonds, payment of. 561 Andes, special town meeting 600 Avon, books for, appropriation for 391 Binghamton, toll Imdges, act authorizing purchase of, amended 119 Bonded indebtedness, sinking fund for payment of. 525 Bombay, building town house in 530 Caldwell, may issue bonds to aid in building court house 413 Catskill, time for collection of taxes extended 106 Cameron, part of Canisteo annexed to 922 Canisteo, part of territory of, annexed to Cameron • 922 Clifton Park, bridge of Rexford Flats Bridge Company, porchase of.......... 346 104:4= INDEX. Pagb CommisBioners of excise, election of 562 Constitutional amendment, relating to indebtedness of. 933 Cortlandt, receiver of taxes, act for election of, amended 89, 104 Cortlandt, town meetings in 85 East Chester, improvement of East Chester creek 141 East Hampton, supervisor authorized to purchase landing places 351 Ellisburgh, special town meeting in, legalized 823 Erwin, bridge over Tioga river, construction of. 626 Fishkill, lighting of streets and avenues in, act amended 523 Flatbush, highways in 544 Flatbush, improvement of new roads and avenues in 538 Flatbush, town hall, erection of. • 60T Flushinc:, Broadway, grading, etc, of, inhabitants to vote on 168 Friendship, bonds of, in aid of academy, act amended 613 Friendship, books for, appropriation for -. 397 Geneva, actsof collector legalized 30 Gteneva, repairing and building highways and bridges in 29 Glenville, bonds of, town boam may issue, to purchase bridge 343 Glenville, Mohawk bridge, town board may issue bonds to rebuild 216 Gr^vesend, laying out of Twenty-second avenue in 332 Greenburgh, layin^^ out and alteration of roads, act amended 88 Greenwood, commissioners to issue bonds of, appointment of, legalized 90T Greig, division of 923 ffighlands, act relating to certain bridges, repealed in part 8T Highlands, board of supemsors to credit with certain moneys..... 88 Hope, highway in, made a road district 635 Hornellsville, commissioners to issue bonds, appointment of, legalized 907 Hume, bonds, payment of, before maturity /, 471 Hunter, taxes, time for collection of, extended 75 Islip, planting and protection of oysters in Great South Bay 739 Jamaica, sale of lanas to Sally Ann Carpenter, legalized 183 Kings county, town survey commissioners to file maps 779 Lake Pleasant, road district in 635 Leicester, act authorizing enlargement of cemetery in, amended 97 Loans from capital of common school fund to 508 Lyonsdale, erection of (new town) 923 Mamaroneck and Rye, fire department of. 867 Mlddletown, separate road district in, act creating amended 742 Newtown, debts of, liquidation, funding and jMiyment of 826 Newtown, Young Men's Christian Association, lands in, releajsed to 460 New towns, law books for, purchase of, appropriation for 397 New Utrecht and Gravesend, Eighty-sixth street in 909 New Utrecht, second avenue in, termination, etx>., of 775 New Utrecht, supervisor of, to i>ay moneys to Bay Ridge Avenue Com- missioners 779 New Utrecht, Twenty-second avenue, laying out of, in 332 New York and Oswego Midland Railroaa Company, taxation of, county taxes appropriat,ed to certain towns 353 Officers of, omission to elect at town meeting, justices to appoint 729 Clean, electors may vote special tax to build bridge 823 Clean, vote at town meeting legalized 819 Oswegatchie, bridge over Osweffatchie river in, bonds may be issued for... 286 Pelham, improvement of East Chester Creek 747 Pharsalia, tax for paymient of Geer, Charles D,, a volunteer 479 Pitcher, moneys to pay interest on bonds, sux)ervisor to collect 479 Plainfield, commissioners of, may borrow money and issue bonds , 93 INDEX. 1045 Pagf, Poughkeepsie, taxes, collector to publish times and places of receiving 350 Saratoga Springs, town auditors, election of. 130 Sardinia, building town hall in 531 Shade trees and sidewalks along highways in, protection of, act amended, 111 Taxes, time for collection in, extended 3 Town insurance companies, formation of, act amended 761 Town meetings, time for transacting town business at 192 Wallkill, act extending time for collection of taxes 181, 232 Waterford, town auditors to issue bonds to complete town hall 15 Watervliet, improvement of highways, act amended 3 Westchester county, election of town auditors in 88 Westchester, fire engine, improvement of. 483 West Union, commissioners to issue bonds, appointment of, legalized 90T Tradb Society of the Methodist Episcopal Church. Charter amended 234 Transpoiiation of Public Documents, Appropriation for.,..r, 505 Treasurer, (State.) Clerks in office of, salaries, appropriation for 500 Deposit of moneys by, within what time to be made 402 Deputy Treasurer, salary of, appropriation for 500 Furniture, repairs, books, etc., appropriations for 384, 500 Postage and stationery for office of, appropriation for 502 Salary of, appropriation for 500 Troj/. Bridge across Hudson river at, time for completion extended 164 Co-operative Ii'on Founders' Association, relief of, act amended 83T Lansingburgh and Troy steam railroad, fare on, regulated 419 Mortgage by, io Maria V. Hale, legalized 301 State dam, iishway in, appropriation for 512 State dam, re-building of, appropriation for 512 Troy, Lansingburgh and Cohoes Bridge Company 314 Unpaid taxes, sale of lands for, acts amended 342 Troi/ and West Troy Bridge Company. Time for completion extended 164 Troy, Lansingburgh and Cohoes Bridge Company. Charter amended, and time for organization, etc, extended 314 Trtist and Loan Companies. (Seo " Loan and Trust Companies.") Tubtdar Transit Company of State7i Island. Time for completing organization, etc., extended 23 Tucker & Crawford. Appropriation for 882 IhinstaUy Elizabeth M. Appropriation for 386 Turnpikes. Buffalo and Hamburgh, act of incorporation repealed 706 Commissioners of highways not to act as inspectors of, in certain counties... 277 Herkimer and Middleville Stone Boad, charter of 158 1048 INDEX. Page. Haverstraw, erected, on change of name i 196 Hempstead, elections, annual and special 116 Herkimer, cemetery in, trustees of, may be elected for control of. 344 Hornellsville, may purchase steam fire engine and apx)aratu8 284 Horseheads, charter amended 231 Ilion, Mohawk and Ilion Horse Railroad Company, may build railroad in... 351 Incorporation of, general act of 1810, amended 94, 885 Jamestown, laying of water pipe, tax for *. 521 Johnstown, village charter amended 883 Jordan, board of, trustees may borrow money for fire-engine and apparatus, 103 Kinderhook, public hall, act authorizing, amended 125 Lansingburgh, charter amended 1 LeRoy, charter amended 197 Lewiston, water-works, incorporation of 860, 864 Little Falls, charter amended 164 Medina, charter of. 34 Mohawk, Mohawk and Ilion Horse Railrcwwi Co., may build railroad in 351 Monticello, excise moneys and fines for intoxication, how disposed of. 34 Mount Vernon, corporate powers, and powers and duties of officers 844 Mount Vernon, may take, hold and convey certain lands •. 472 New Rochelle, charter amended 468 Niagara City, charter amended, and name changed 847 Northville, election of police justice in 81 Norwich, village charter amended 360 Oneida, charter amended 794 Oneida, laying of railroad track in certain streets of. 477 Oneida, railroad commissioner to 'pSLj balance of money to village treasurer, 778 Oneida Castle, railroad track inceiiain streets of 477 Oneonta, village charter amended 879 Oneonta, water supply of, provided for 852 Oswego Falls, charter amended 876 Owego, water supply of, provided for 303 Peekskill, receiver of taxes, act for election of, amended 89, 104 Phelps, village officers, election of, confirmed , 476 Phoenix, village charter amended 292 Plattsburgh, village charter amended 204 Port Henry, powers of trustees for prevention of fires 614 Port Richmond, charter amended 82, 610 Potsdam, charter amended 122 Presidents of, duties as to payment of bonded indebtedness 525 Salem, charter amended, fees of coUecter and treasurer 481 Saratoga Springs, Broadway, Ballston avenue and Union avenue, in 310 Saratoga Springs, charter amended, as to superintendent of public works... 311 Saratoga Springs, construction of sewers in 327 Saratoga Springs, police justice and police officers in 486 Saratoga Springs, sprinkling of sti^ets in 309 Saugei^ies, fire department, act to incorporate 161 Saugerties, payment of village indebtedness 90 Seneca Falls, charter of .* 241 Skaneateles, village made a separate road district 769 Spencerport, act incorporating, amended 13 ispension Bridge, erected, on chan^ of name 847 istees of, account of moneys received and expended by, to be published ' innually, by 460 trren, name changed to Haverstraw 196 iterford, commissioners of deeds in, act relating to, amended 117 INDEX. 1049 Page. Watkins, villa^ charter amended, corporate powers enlarged 87q Weedsport, charter amended 72^ Whitelmlly village charter amended 469 White Plains, drainage act,repealed in part 125 Whitestone, village charter amended 211 Whitney's Point, taxes, time for collection of, extended 492 Willink, inhabitants may vote to change name , 466 WdatiU River. Protection of fish in 288 WaUkiU, Town of. Taxes in, time for collection of, extended .•« 181, 232 War of 1812. Appropriation for certain resident soldiers of. 464 Warburtony Bonynge and VnderhiU. Appropriation for 891 Warren CotifUy. 4 Court house, Caldwell may issue bonds for building of. 418 Glens Falls feeder, rebuilding of 612 Lake Qeorge, fishing in 101 Warren, Village of. Name changed to Haverstraw 196 Warreh, WiUiain E. Appropriation for 382 Washington Cawnty. Barber, George W., acts as notarv, confirmed 124 Fort Edward, Union Free School District No. 1, additional trustees in 113 Fort Miller, fishways in dam at 613 Lake George, fishing in 101 Safford, John G., acts of, as justice of the peace, legalized 913 Salem, village charter amended, fees of collector and treasurer 481 Whitehall, canal basin, improvement of. 613 Whitehall, village charter amended 469 Washington^a Head Quartere^ Netobttrgh. Care of lands and buildings, trustees appointed for 631 Keeper, compensation of, appropriation for 606 . Waason, John Q. Payment of interest to ¥ddow and heirs at law, of. 384 Waterford. Commissioners of deeds in, appointment of Ill ^^ Town haU, town auditors to issue bonds to complete 16 ^^' Waterloo. Seneca County Savings Bank, charter of. 224 61 1050 INDEX. Waters, John and Catharine. Pagb. Lands of Patrick Waters, deceased, released to 491 Watervli^. Erie canal, highway bridge over, in, appropriation for 512 Highways in, act for improving amended 3 Water ^ Works. Ballston Spa, completion of, in 32 Bufblo, powers of dty respecting 710 Flushing, supply of water for 121 Gloversville, Water-works Company, incorporation of. 856 Jamestown, tax for water pipe for 521 Lewiston, Water-works Company, incorporation of 8C0 Oneonta, Water-works Company, incorporation of. 852 Owego, construction of, provided for 303 Plattsburgh, board of commissioners of. 204 Saratoga Springs, control of, in 311 Tonkers, act to provide supply of water, amended 149 Watkins. Street Railway, time for building to Havana Extended 416 Village charter amended, village bounds defined, etc 315 Watkins a/nd Havana 8treet Railway. Time for building of, extended : 416 Watson, WUUam C. Appropriation for 391 Wayne County. Bennett, John P., acts as notary public, legalized • 124 Clyde and Seneca Rivers, fisheries in, protection of 601 Clyde High School district, building of school-house 24 Grand jurors, list of, legalized • 211 Lyons, lands in, released to Elizabeth Buerkel 176 IVfocedon, lock at, improvement of approach to 516 Palmyra, Farmers' and Mechanics' Savings Bank, charter of. 688 Quail, killing of, in 536 Weed, Anna J. Name changed to Anna J. Reed M4 Weed, Charles H. Name changed to Charles Reed 944 Weed, Marie O. Name changed to Marie G. Reed , 044 « Weed, Matmce G. Name changed to Maurice G. Reed 944 Weed, Sextus L. Name changed to Sextus L, Reed , 944 I INDEX. 1051 Weed, Parsons & Company. Page. Appropriations for 395, 396 Weedsport. Village charter amended 124 Weidner, C. H. Achilles. Name changed to Achilles Rose 944 WeighmaMers and Assistants^ State Canals. Salaries and exx)ense8 of, appropriation for 355 Weights and Measures, Superintendent of. Salary of, appropriation for 1 ^ 502 Wellnian, Philander H. May take oath of office as justice 281 Official acts as justice confirmed 281 Westchester Coninty. Cortlandt, receiver of taxes for town of, election of, act amended 89, 104 Cortlandt, town meetings in town of 85 East Chester creek, improvement of. 14T Excise laws, sale of liquors in , 434 Fordham, St. John's Savings Bank, charter of. 709 Greenburgh, drainage act as to lands outside of village of White Plains, re- pealed 725 Greenburgh, election of town officers, act for, amended 126 Greenburgh, layin^: out and alteration of roads in, act amended 88 Hart's Island, lands at south end of, jurisdiction over, ceded to United States, 551 House of Rest for Consumptives, real estate of, exempted from taxation ... 915 Kingsbridge, act annexing to New York city, amended 432 Mamaroneck and Rye Neck Fire Department, charter amended 861 Morrisania, act annexing to New York city amended 432 Morrisania, railroad in, route of 145 Mount Vernon, corporate powers of village, act amended 844 Mount Vernon, village may take and convey lands « 412 New Rochelle, curbs and gutters ef streets, powers of trustees as to 468 New Rochelle, drainage of swamp lands in, act for, amended 636 Peekskill Manufacturing Company, act for relief of 138 Peekskill, receiver of taxes in village, act amended 89, 104 Sheriff, act to prevent obstructions to Yonkers water-front, duties under.... 211 Taxes, sale of lands for non-payment of. 838 Town auditors, election of, in towns of. 88 Water front, of territory annexed to New York city, survey of. 941 Westchester County Trust Company, time to organize, extended 811 Westchester, town meeting, action of, legalized 483 Westchester Villa Company, increase of capital stock 602 West Farms, act annexing, to New York aty, amended 432 West Farms, lighting of streets in, exemption from tax for 340 West Farms, railroad in, route of. 145 West Farms, teachers and janitors, payment of salaries by New York city, 131 White Plains, drainage act repealed in part 125 Yonkers, act to provide for supply of water, amended 149 1052 INDKX. Page. Yonkers, city court of, act in relation to, amended 189 Yonkers Ferry Company, act of incorporation „ 554 Yonkera, indebtedness of late town of, apportionment of, confirmed 915 Yonkers, police station house in, erection of authorized 239 Yonkers, water front, obstruction of navigation of, act to prevent 216 Westchester County Trust Company. Charter amended, time for organization extended 811 Westchester, Town of. Action of town meeting as to fire apparatus, confirmed 488 Westchester ViUa Company. Capital stock, increase of, authorized 002 West Farms, Act to annex to New York dty, amended 4S2 Board of education, indebtedness of, to be paid by 131 Railroad in, route of 745 Streets in, lighting of, exemption from tax for 340 Teachers ana janitors, salaries payable by New York city 131 Western Division of Canals. (See •• Canalfl.*') Western House of Refuge, Rochester. Act establishing, amended 634 Appropriations for 394, 506 Westerfi New York Confer&fvce of Methodist Episcopal Church, Charter of. 136 Western Plankroad Company. Tolls, on roads of, in Franklin and Clinton oountieB 522 West Troy. Bridge to Troy, time for completion extended 164 Dry river, aqueduct for outlet of waters of ...'. 513 Whaites, Sarah Ann. Lands of John Playfeir, released to 21 Whitehall. Canal basin, improvement of, appropriation for 513 Village charter amended 469 White Plains, Village of. Drainage act, repealed as to Greenbiirgh, outside of 126 Whitestone. Village charter amended 211 Whitney^ s Point, ViUage of. Taxes, collection of. time extended 492 « INDEX. 1053 Widotoa. Page Dower, sale of real estate in satisfaction of. 313 Property to be set apart to, by executors or administrators 612 Wilkowskiy David, Name changed to David Witmark 946 WiUard Asylum for the Insane. Appropriations for 3»2, 605, 601 Detached buildings, for new group of, for females 392 Green, Susan, appropriation tot support of, in 605 Salaries of officers, appropriation tor 501 Statutes relating to, revised and consolidated 581 Willia/ms^ Andrew, Claim of State against, adjustment of ...^ 399 Williams, Edward W, Appropriation for 389 WiUink, Village of. Inhabitants may vote to change name 466 WiUiSj Lucelia. Lands of Hugh Cruikshant, deceased, released to 322 WiUs, Edwin Forrest, deceased, executors and trustees may compromise with widow for dower 330 Record of, conclusive evidence in certain cases 318 Wclves. Payment of bounty for killing of. 383 Wyoming County, Fishing laws, amended as to 101 Yates County, Fishing laws, amended as to • 30 Yonkers. City Court, act in relation to, amended 189 City Court, jurisdiction of, defined 189 Ferrv across Hudson river to New Jersey 554 Indebtedness of late town of, apportionment confirmed 915 Police station house, common council authorized to construct 239 Water, act to provide for supply of, amended 149 Water fix)nt, ohstructions to navigation of, act to prevent 216 Tonkers Ferry Company. Act to incorporate 554 • 1054: INDEX. Yawng^ CJiatUa P. Page Appropriation for 391 T&imgy Esther. Lands in town of Chazy, released to 171 Young Men^a Christian Association (Netototon). Lands in Newtown released to 460 Zion Church in the City of Brooklyn. Name changed to Saint Barnabas' Church 946 ; 3 bias aba iim ts" i \ 3